<!-- © 2003-2008 Old Bailey Proceedings Online -->
<div0 type="sessionsPaper" id="t18761211">
<interp inst="t18761211" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211" type="date" value="18761211"/>
<xptr type="pageFacsimile" doc="187612110001"/>
<xptr type="transcription" doc="18761211"/>
<div1 type="frontMatter" id="f18761211">
<interp inst="f18761211" type="uri" value="sessionsPapers/18761211"/>
<interp inst="f18761211" type="date" value="18761211"/>
<p>Sessions Paper.</p>
<p>WHITE, MAYOR.</p>
<p>Short-hand Writers to the Court,</p>
<xptr type="pageFacsimile" doc="187612110002"/>
<p>On the Queen's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Pursuant to an Order in Council of 23rd October, 1876, issued under the Winter Assize Act.</p>
<p>Held on Monday, December 11th, 1876, and following days,</p>
<hi rend="smallCaps">BEFORE THE RIGHT HON. SIR</hi>
<hi rend="largeCaps">
<persName id="t18761211-name-1" type="judiciaryName">
<interp inst="t18761211-name-1" type="gender" value="male"/>
<interp inst="t18761211-name-1" type="surname" value="WHITE"/>
<interp inst="t18761211-name-1" type="given" value="THOMAS"/>THOMAS WHITE</persName> </hi>, Knt.,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; The Hon. Sir
<hi rend="smallCaps">
<persName id="t18761211-name-2" type="judiciaryName">
<interp inst="t18761211-name-2" type="gender" value="male"/>
<interp inst="t18761211-name-2" type="surname" value="POLLOCK"/>
<interp inst="t18761211-name-2" type="given" value="CHARLES EDWARD"/>CHARLES EDWARD POLLOCK</persName> </hi>, Knt., one of the Barons of Her Majesty's Court of Exchequer; the Hon. Sir
<hi rend="smallCaps">WILLIAM VENTRIS FIELD</hi>, Knt., one of the Justices of Her Majesty's Court of Queen's Bench;
<hi rend="smallCaps">
<persName id="t18761211-name-3" type="judiciaryName">
<interp inst="t18761211-name-3" type="gender" value="male"/>
<interp inst="t18761211-name-3" type="surname" value="SIDNEY"/>
<interp inst="t18761211-name-3" type="given" value="THOMAS"/>THOMAS SIDNEY</persName> </hi>, Esq., Sir
<hi rend="smallCaps">
<persName id="t18761211-name-4" type="judiciaryName">
<interp inst="t18761211-name-4" type="gender" value="male"/>
<interp inst="t18761211-name-4" type="surname" value="ROSE"/>
<interp inst="t18761211-name-4" type="given" value="WILLIAM ANDERSON"/>WILLIAM ANDERSON ROSE</persName> </hi>, Knt.,
<hi rend="smallCaps">WILLIAM FERNELEY ALLEN</hi>, Esq., Aldermen of the said City; The Right Hon.
<hi rend="smallCaps">
<persName id="t18761211-name-5" type="judiciaryName">
<interp inst="t18761211-name-5" type="gender" value="male"/>
<interp inst="t18761211-name-5" type="surname" value="GURNEY"/>
<interp inst="t18761211-name-5" type="given" value="RUSSELL"/>RUSSELL GURNEY</persName> </hi>, Q.C., M.P., Recorder of the said City; Sir
<hi rend="smallCaps">CHARLES WHETHAM</hi>, Knt.,
<hi rend="smallCaps">
<persName id="t18761211-name-6" type="judiciaryName">
<interp inst="t18761211-name-6" type="gender" value="male"/>
<interp inst="t18761211-name-6" type="surname" value="FIGGINS"/>
<interp inst="t18761211-name-6" type="given" value="JAMES"/>JAMES FIGGINS</persName> </hi>, Esq.,
<hi rend="smallCaps">
<persName id="t18761211-name-7" type="judiciaryName">
<interp inst="t18761211-name-7" type="gender" value="male"/>
<interp inst="t18761211-name-7" type="surname" value="KNIGHT"/>
<interp inst="t18761211-name-7" type="given" value="HENRY EDMUND"/>HENRY EDMUND KNIGHT</persName> </hi>, Esq., and
<hi rend="smallCaps">
<persName id="t18761211-name-8" type="judiciaryName">
<interp inst="t18761211-name-8" type="gender" value="male"/>
<interp inst="t18761211-name-8" type="surname" value="NOTTAGE"/>
<interp inst="t18761211-name-8" type="given" value="GEORGE SWAN"/>GEORGE SWAN NOTTAGE</persName> </hi>, Esq., other of the Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18761211-name-9" type="judiciaryName">
<interp inst="t18761211-name-9" type="gender" value="male"/>
<interp inst="t18761211-name-9" type="surname" value="CHAMBERS"/>
<interp inst="t18761211-name-9" type="given" value="THOMAS"/>THOMAS CHAMBERS</persName> </hi>,. Knt. Q.C., M.P., Common Serjeant of the said City; and
<hi rend="smallCaps">
<persName id="t18761211-name-10" type="judiciaryName">
<interp inst="t18761211-name-10" type="gender" value="male"/>
<interp inst="t18761211-name-10" type="surname" value="KERR"/>
<interp inst="t18761211-name-10" type="given" value="ROBERT MALCOLM"/>ROBERT MALCOLM KERR</persName> </hi>, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-11" type="judiciaryName">
<interp inst="t18761211-name-11" type="gender" value="male"/>
<interp inst="t18761211-name-11" type="surname" value="HADLEY"/>
<interp inst="t18761211-name-11" type="given" value="SIMEON CHARLES"/>SIMEON CHARLES HADLEY</persName> </hi>, Esq., Alderman,</p>
<hi rend="smallCaps">WILLIAM QUARTERMAINE EAST</hi>, Esq.,</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">
<persName id="t18761211-name-12" type="judiciaryName">
<interp inst="t18761211-name-12" type="gender" value="male"/>
<interp inst="t18761211-name-12" type="surname" value="FARRAR"/>
<interp inst="t18761211-name-12" type="given" value="FRANCIS WILLIAM LEWIS"/>FRANCIS WILLIAM LEWIS FARRAR</persName> </hi>, Esq.,</p>
<hi rend="smallCaps">
<persName id="t18761211-name-13" type="judiciaryName">
<interp inst="t18761211-name-13" type="gender" value="male"/>
<interp inst="t18761211-name-13" type="surname" value="BAXTER"/>
<interp inst="t18761211-name-13" type="given" value="WYNNE EDWIN"/>WYNNE EDWIN BAXTER</persName> </hi>, Esq.,</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
<xptr type="pageFacsimile" doc="187612110003"/>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">WHITE, MAYOR. SECOND 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, December</hi> 11
<hi rend="italic">th</hi>, 1876.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18761211-106">
<interp inst="t18761211-106" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-106" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-106-charge-1" targOrder="Y" targets="def1-106-18761211 t18761211-106-offence-1 t18761211-106-verdict-1"/>
<persName id="def1-106-18761211" type="defendantName">
<interp inst="def1-106-18761211" type="gender" value="male"/>
<interp inst="def1-106-18761211" type="age" value="16"/>
<interp inst="def1-106-18761211" type="surname" value="MAVROCORDATO"/>
<interp inst="def1-106-18761211" type="given" value="DEMETRIUS"/>
<interp inst="def1-106-18761211" type="occupation" value="post office worker"/>
<hi rend="largeCaps">DEMETRIUS MAVROCORDATO</hi> (16)</persName>, was indicted
<rs id="t18761211-106-offence-1" type="offenceDescription">
<interp inst="t18761211-106-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18761211-106-offence-1" type="offenceSubcategory" value="mail"/>for stealing, whilst—employed under the Post-Office, a post-letter, containing a silk stocking and a sheet of paper, the property of
<persName id="t18761211-name-15" type="victimName">
<interp inst="t18761211-name-15" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-106-offence-1 t18761211-name-15"/>Her Majesty's Postmaster-General</persName>.</rs> </p>
<hi rend="smallCaps">MR. METCALFE</hi>, Q.C.,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. SLIDE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18761211-name-16" type="witnessName">
<interp inst="t18761211-name-16" type="gender" value="male"/>
<interp inst="t18761211-name-16" type="surname" value="MARTIN"/>
<interp inst="t18761211-name-16" type="given" value="EDWARD"/>EDWARD MARTIN</persName> </hi>. I am overseer of the sorters in the newspaper branch of the General Post-Office—on 18th of last month I was on duty at the Midland sorting division—the prisoner was on duty there as a collector; his duty was to collect newspapers and book packets from the general sort
<lb/>ing, and convey them to the dispatch by the Midland mails—about 7 p.m. I observed the prisoner go to the mis-sort letter boxes, which he had no right to do, take a packet 'from a shelf, and convey it to the Midland division, which he had to collect for—he placed it on the Midland table, and I saw him looking at it; he left it there—I examined it, and placed it in the mis-sort box attached to that division—it was his duty then to clear his mis-sorted newspapers and book packets to the blind division—he brought the same packet back again with another collection from the general sorting—I saw him examining the packet there—he then subsequently, on his way to the urinal, which was just in the rear of the Midland division, placed the packet in his left breast coat pocket—I waited for some few minutes, knowing that his collection was getting in arrear—I followed him into the urinal; he was in the further partition—I placed myself in the next compartment to him—I there, heard the rustling of paper—I looked over the side of the partition, and distinctly saw him breaking the packet open—I took him by the arm, turned him round sharply, and told him to return to the office and get on with his duty—he then dropped the packet at my feet, put his hands together, and exclaimed "For God's sake, sir, don't take any notice of it"—I then asked him what it was he had dropped at his feet—he said "A packet"—I told him to pick it up, and as I was in duty bound, I took him to the superintendent's room to explain what he was going to do with the packet—he picked it up and took it with him—I sent for the superintendent, and upon his asking him what he was going to do</p>
<xptr type="pageFacsimile" doc="187612110004"/>
<p>with the packet he admitted that he had stolen it—the superintendent asked him whether he had stolen it, and he said he had—the address that had been on the packet was afterwards found in the urinal and brought in by a boy—it was addressed to Mrs. Thompson, of Dumfries, and it has the post-mark of St. Leonard's-on-Sea—this (
<hi rend="italic">produced</hi>) is it; it corresponds with the other portion of the wrapper of the packet—this is the same packet I had seen before on the table in the Midland division—it contains a magenta silk stocking and a letter—there appears to have been another address written on the inner cover, and it had been sent through the Post-Office again with another wrapper over it—the post-mark is the 18th; if it had been posted on the 18th it would have been in the office that day in time to be despatched by the night mail—the prisoner was given into custody—he asked for forgiveness—he said to the constable who took him in charge "For God's sake forgive me."</p>
<hi rend="smallCaps">
<persName id="t18761211-name-17" type="witnessName">
<interp inst="t18761211-name-17" type="gender" value="male"/>
<interp inst="t18761211-name-17" type="surname" value="RUMBOLD"/>
<interp inst="t18761211-name-17" type="given" value="HENRY"/>HENRY RUMBOLD</persName> </hi>. I am a constable attached to the Post-Office—I was called in on 18th by the superintendent—I there saw the prisoner and the packet—as soon as I got in I told him he would be charged with stealing the packet—he went on his knees directly, and said "Do forgive me, do forgive me" several times.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-18" type="witnessName">
<interp inst="t18761211-name-18" type="gender" value="female"/>
<interp inst="t18761211-name-18" type="surname" value="MOSES"/>
<interp inst="t18761211-name-18" type="given" value="ELIZABETH"/>ELIZABETH MOSES</persName> </hi>. I was living at Hertford House, Marina, St. Leonard's—I posted this packet there on 18th, containing this stocking and other things.</p>
<hi rend="italic">Prisoner's Defence.</hi> I am not guilty of having stolen the packet. I took it out of the blind box intending to deliver it at the sorting table, but from necessity I went to the urinal, and there the packet broke. I am guilty of a careless fault, and that is all I did not intend to steal it or take it out of the Post-Office.</p>
<rs id="t18761211-106-verdict-1" type="verdictDescription">
<interp inst="t18761211-106-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-106-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">Recommended to mercy by the Jury on account of his youth</hi> </rs>
<hi rend="italic">
<rs id="t18761211-106-punishment-1" type="punishmentDescription">
<interp inst="t18761211-106-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-106-punishment-1" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-106-18761211 t18761211-106-punishment-1"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>
<hi rend="italic">Monday, December</hi> 11
<hi rend="italic">th</hi>, 1875.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18761211-107">
<interp inst="t18761211-107" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-107" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-107-charge-1" targOrder="Y" targets="def1-107-18761211 t18761211-107-offence-1 t18761211-107-verdict-1"/>
<join result="criminalCharge" id="t18761211-107-charge-2" targOrder="Y" targets="def2-107-18761211 t18761211-107-offence-1 t18761211-107-verdict-1"/>
<persName id="def1-107-18761211" type="defendantName">
<interp inst="def1-107-18761211" type="gender" value="male"/>
<interp inst="def1-107-18761211" type="age" value="26"/>
<interp inst="def1-107-18761211" type="surname" value="DIXON"/>
<interp inst="def1-107-18761211" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES DIXON</hi> (26)</persName>,
<hi rend="italic">and</hi>
<persName id="def2-107-18761211" type="defendantName">
<interp inst="def2-107-18761211" type="gender" value="female"/>
<interp inst="def2-107-18761211" type="age" value="23"/>
<interp inst="def2-107-18761211" type="surname" value="COHEN"/>
<interp inst="def2-107-18761211" type="given" value="ANNE"/>
<hi rend="largeCaps">ANNE COHEN</hi> (23)</persName>
<rs id="t18761211-107-offence-1" type="offenceDescription">
<interp inst="t18761211-107-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18761211-107-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully having in their possession a mould for making counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LLOYD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18761211-name-21" type="witnessName">
<interp inst="t18761211-name-21" type="gender" value="female"/>
<interp inst="t18761211-name-21" type="surname" value="GOODHAM"/>
<interp inst="t18761211-name-21" type="given" value="EMMA"/>EMMA GOODHAM</persName> </hi>. My brother keeps the Queen's Arms beerhouse, 1, Mile End Road, and I assist him—on 23rd October, about 11 p.m., I served the prisoner Cohen with a glass of ale, which came to 1 1/2
<hi rend="italic">d</hi>.—she gave me ft half-crown—I bent it, and told her it was bad—she paid me with a good half-crown, and went away.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-22" type="witnessName">
<interp inst="t18761211-name-22" type="gender" value="male"/>
<interp inst="t18761211-name-22" type="surname" value="DILLON"/>
<interp inst="t18761211-name-22" type="given" value="EDWARD"/>EDWARD DILLON</persName> </hi> (
<hi rend="italic">Police-Sergeant K</hi> 19). On 23rd October, about 11 o'clock, I stopped Cohen in the Mile End Road, and said "I am told you have been passing a bad half-crown"—she said "Yes," and I took it out of her hand and took her back to the Queen's Arms—she gave her name Anne Cohen, 34-, Grove Street, Commercial Road—they refused to charge her—this is the half-crown.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-23" type="witnessName">
<interp inst="t18761211-name-23" type="gender" value="female"/>
<interp inst="t18761211-name-23" type="surname" value="TURNER"/>
<interp inst="t18761211-name-23" type="given" value="CHARLOTTE"/>CHARLOTTE TURNER</persName> </hi>. I live at 1, Star Court, St. George's, and help my grandmother at the Ship and Bell, Prinsom Street—on 17th November, be
<lb/>tween 8 and 9 p.m., the prisoners came in, and I saw Mrs. Moyes serve them with-a pint of ale—Cohen paid with a shilling—I put it in the till, and gave her the change—they then had another pint of ale, which came</p>
<xptr type="pageFacsimile" doc="187612110005"/>
<p>to 4
<hi rend="italic">d</hi>., and Cohen gave me a second shilling—I put it in the till with the other shilling, and gave her 8
<hi rend="italic">d</hi>.—there was no other shilling there—I went home, and came back and found my grandmother looking at a shilling—the prisoners had gone.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-24" type="witnessName">
<interp inst="t18761211-name-24" type="gender" value="female"/>
<interp inst="t18761211-name-24" type="surname" value="MOYES"/>
<interp inst="t18761211-name-24" type="given" value="CHARLOTTE"/>CHARLOTTE MOYES</persName> </hi>. I am the grandmother of the last witness, and keep the Bell public-house—on 17th November I served Cohen with a pint of half and half—she gave me a shilling; I put it in my pocket, and gave her 6
<hi rend="italic">d</hi>. change—my granddaughter then served them again, and they left—they then came in again, and I served them-with a pint of ale, and received another shilling from Dixon, for which I gave him the change and then told him I thought that it was bad—he said I was not to suppose that he gave it to me, and Cohen said that she was sure he gave me a good one—I was sure it was the same because I had not put it in the till—I gave it back to him, and he gave me a good half-crown—all this took place while my granddaughter was away—the prisoners left, and I then examined the till, and found two bad shillings which my granddaughter had taken—there were no other shillings there—I also found a bad shilling in my pocket—there were other shillings there—my son came in, and I gave him the three bad shillings.</p>
<hi rend="italic">Cross-examined by Dixon.</hi> The shilling you gave me was not good, and I kid it on the shelf.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-25" type="witnessName">
<interp inst="t18761211-name-25" type="gender" value="male"/>
<interp inst="t18761211-name-25" type="surname" value="TURNER"/>
<interp inst="t18761211-name-25" type="given" value="GEORGE"/>GEORGE TURNER</persName> </hi>. I am a son of the last witness—I was not in the house the whole time the prisoners were there—I went home to my supper at the same time as my men did, and when I came back the prisoners had gone—my mother gave me three bad shillings, "which I gave to Mr. Smith.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-26" type="witnessName">
<interp inst="t18761211-name-26" type="gender" value="male"/>
<interp inst="t18761211-name-26" type="surname" value="BRISTOW"/>
<interp inst="t18761211-name-26" type="given" value="WILLIAM"/>WILLIAM BRISTOW</persName> </hi> (
<hi rend="italic">Policeman K</hi> 286). I took the prisoners on 17th, after 11 p.m., and charged them with uttering counterfeit coin—they made no reply—I took the prisoners to the station, and found these shillings (
<hi rend="italic">pro
<lb/>duced</hi>) lying on a dish there—I searched Dixon, and found on him a florin three sixpences, 10 1/2
<hi rend="italic">d</hi>. in bronze, and a fourpenny piece, and I received from the female searcher a shilling, two sixpences, four pence, and a purse.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-27" type="witnessName">
<interp inst="t18761211-name-27" type="gender" value="male"/>
<interp inst="t18761211-name-27" type="surname" value="SMITH"/>
<interp inst="t18761211-name-27" type="given" value="ROBERT"/>ROBERT SMITH</persName> </hi> (
<hi rend="italic">Police Sergeant K</hi> 47). I was at the station when the prisoners were brought in; Dixon took two keys out of his pocket and handed them to me—he gave his address 34, George Street, St. George's-in-the-East—I went there, and found that the large key unlocked the front—door and the small one the back parlour door—I searched the room and found a double mould for making shillings of 1876 and 1871, and under the carpet under the bed a piece of paper containing six bad shillings of 1876 and 1871—in a cupboard I found this melting pot with a little metal in the bottom of it, this bottle of acid, and from 1/2 lb. to 1lb. of Plaister of Paris, and two pieces of glass—on the following Monday I made a further search, and in a table drawer found another shilling of 1866 and a file—I charged the two prisoners with having these things in their possession; Dixon made no reply, and Cohen said "I am much obliged to you"—I had kept the keys in my possession till I went again, and the door was locked.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-28" type="witnessName">
<interp inst="t18761211-name-28" type="gender" value="male"/>
<interp inst="t18761211-name-28" type="surname" value="GUNKEL"/>
<interp inst="t18761211-name-28" type="given" value="WILLIAM"/>WILLIAM GUNKEL</persName> </hi>. I live at 34, Grove Street, and am a cabinet-maker—the prisoners occupied my back parlour for five weeks—I showed the room to Sergeant Smith on the 18th November—the room was quite empty when the prisoners took it.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-29" type="witnessName">
<interp inst="t18761211-name-29" type="gender" value="male"/>
<interp inst="t18761211-name-29" type="surname" value="WEBSTER"/>
<interp inst="t18761211-name-29" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am inspector of coin in her Majesty's Mint—the half-crown is bad; one of the shillings uttered is of 1866 and two of 1871</p>
<xptr type="pageFacsimile" doc="187612110006"/>
<p>—this is a double mould, for a shilling of 1866 and one of 1871—these seven shillings found in the house are all bad, three are of 1866 and four of 1871, and they are all from this mould—it has been much used—they are very badly made coins, made to utter on dark nights—the mould is used for coining in a small way, from hand to mouth.</p>
<hi rend="italic">Dixon, in his defence, stated that Cohen handed him the coins in the public house, and that he did not know they were bad, and did not know that Cohen had the mould.</hi> </p>
<hi rend="italic">Cohen's Defence.</hi> A young man asked me to mind the things for him, and I took them home and put them away, so that Dixon should not see them.</p>
<hi rend="smallCaps">
<rs id="t18761211-107-verdict-1" type="verdictDescription">
<interp inst="t18761211-107-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-107-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">DIXON</hi>
<hi rend="italic">
<rs id="t18761211-107-punishment-2" type="punishmentDescription">
<interp inst="t18761211-107-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-107-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-107-18761211 t18761211-107-punishment-2"/>Two Years' Imprisonment.</rs> </hi> </p>
<hi rend="largeCaps">COHEN</hi>
<hi rend="italic">
<rs id="t18761211-107-punishment-3" type="punishmentDescription">
<interp inst="t18761211-107-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-107-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-107-18761211 t18761211-107-punishment-3"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18761211-108">
<interp inst="t18761211-108" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-108" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-108-charge-1" targOrder="Y" targets="def1-108-18761211 t18761211-108-offence-1 t18761211-108-verdict-1"/>
<persName id="def1-108-18761211" type="defendantName">
<interp inst="def1-108-18761211" type="gender" value="male"/>
<interp inst="def1-108-18761211" type="age" value="24"/>
<interp inst="def1-108-18761211" type="surname" value="MONCER"/>
<interp inst="def1-108-18761211" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK MONCER</hi> (24)</persName>
<rs id="t18761211-108-offence-1" type="offenceDescription">
<interp inst="t18761211-108-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18761211-108-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house
<persName id="t18761211-name-31" type="victimName">
<interp inst="t18761211-name-31" type="gender" value="male"/>
<interp inst="t18761211-name-31" type="surname" value="CALL"/>
<interp inst="t18761211-name-31" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-108-offence-1 t18761211-name-31"/>Henry Call</persName> with intent to steal.</rs> </p>
<hi rend="smallCaps">MR. ST. AUBYN</hi>
<hi rend="italic">conducted the Prosecution;</hi>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18761211-name-32" type="witnessName">
<interp inst="t18761211-name-32" type="gender" value="male"/>
<interp inst="t18761211-name-32" type="surname" value="CALL"/>
<interp inst="t18761211-name-32" type="given" value="HENRY WILLIAM"/>HENRY WILLIAM CALL</persName> </hi>. I am a baker of 289, City Road—on Sunday, 26th November, about 2.48 I went out, after securing my house—I returned home about 10.45, opened the parlour door, and had no sooner lit the gas than two men rushed by me—I caught hold of them both; one of them made a blow with some instrument, and I let go of him and held the other till a policeman came—he said "It is all a mistake"—a young woman named Soper, who had accompanied me home, was at the private door.</p>
<hi rend="italic">Cross-examined.</hi> I had left nobody in the house—it was my father's house; he had sold the business, and I had removed my family on the Saturday—I was keeping company with the young woman, and she was with me when I left in the afternoon—only some clothes and a few odds and ends were left in the house—we were away eight hours—I did not find the shop door open when I returned; I opened it with my key; I found it just as I left it—the shop is on the ground floor; there are altogether four windows on that floor.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-33" type="witnessName">
<interp inst="t18761211-name-33" type="gender" value="female"/>
<interp inst="t18761211-name-33" type="surname" value="SOPER"/>
<interp inst="t18761211-name-33" type="given" value="HANNAH"/>HANNAH SOPER</persName> </hi>. I am engaged to the last witness—I went to the house. with him and remained at the street door while he opened it with a key—I saw two
<hi rend="italic">gentlemen</hi> by the parlour door; Call caught hold of them both; one went to hit him with something, and then came past me and hit me with his hand on the side of the face—Call held the other man till a policeman came—I heard something drop which sounded like iron, and directly afterwards a boy picked up this crowbar (
<hi rend="italic">produced</hi>) and gave it to me; I gave it to the policeman.</p>
<hi rend="italic">Cross-examined.</hi> The boy was standing outside in the crowd, he never went in; he is not here, he ran away—he found the instrument outside the door, I did not see him find it, but I heard it fall—I had left the house with Call that afternoon; we left in a hurry; I was going home.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-34" type="witnessName">
<interp inst="t18761211-name-34" type="gender" value="male"/>
<interp inst="t18761211-name-34" type="surname" value="FURNESS"/>
<interp inst="t18761211-name-34" type="given" value="EDWARD"/>EDWARD FURNESS</persName> </hi> (
<hi rend="italic">Policeman G</hi> 218). I was called and took the prisoner—Soper gave me this crowbar and said in the prisoner's hearing that the man had dropped it while struggling with her young man—the prisoner said that it was a mistake—I found a mark on the doorpost just by the lock, exactly the size of this crowbar.</p>
<hi rend="italic">Cross-examined.</hi> When I arrived Call had got the prisoner by the arm—he was trying to get away; they were outside the house on the pavement just by the door.</p>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">contended that there was no evidence of a breaking by the pri
<lb/>soner, as the house might have been broken into by somebody eke between</hi> 3
<hi rend="italic">and</hi> 11
<hi rend="italic">o'clock; also that there was no proof that the house belonged to William Henry Call; and that it was not then a dwelling-house.</hi> </p>
<p>W. H.
<hi rend="smallCaps">CALL</hi> (
<hi rend="italic">re-examined</hi>). The house belongs to my father, Henry Call—I had slept there the night before, and was going to sleep there that night.</p>
<xptr type="pageFacsimile" doc="187612110007"/>
<rs id="t18761211-108-verdict-1" type="verdictDescription">
<interp inst="t18761211-108-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-108-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of entering the house with intent to commit felony</hi> </rs>
<hi rend="italic">
<rs id="t18761211-108-punishment-4" type="punishmentDescription">
<interp inst="t18761211-108-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-108-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-108-18761211 t18761211-108-punishment-4"/>Six Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18761211-109">
<interp inst="t18761211-109" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-109" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-109-charge-1" targOrder="Y" targets="def1-109-18761211 t18761211-109-offence-1 t18761211-109-verdict-1"/>
<join result="criminalCharge" id="t18761211-109-charge-2" targOrder="Y" targets="def1-109-18761211 t18761211-109-offence-2 t18761211-109-verdict-1"/>
<persName id="def1-109-18761211" type="defendantName">
<interp inst="def1-109-18761211" type="gender" value="male"/>
<interp inst="def1-109-18761211" type="age" value="26"/>
<interp inst="def1-109-18761211" type="surname" value="AVANT"/>
<interp inst="def1-109-18761211" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED AVANT</hi> (26)</persName>
<rs id="t18761211-109-offence-1" type="offenceDescription">
<interp inst="t18761211-109-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18761211-109-offence-1" type="offenceSubcategory" value="burglary"/>,
<hi rend="smallCaps">
<rs id="t18761211-109-verdict-1" type="verdictDescription">
<interp inst="t18761211-109-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-109-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to burglariously break
<lb/>ing and entering the counting-house of
<persName id="t18761211-name-36" type="victimName">
<interp inst="t18761211-name-36" type="gender" value="male"/>
<interp inst="t18761211-name-36" type="surname" value="WALLACE"/>
<interp inst="t18761211-name-36" type="given" value="JAMES FRANCIS"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-109-offence-1 t18761211-name-36"/>James Francis Wallace</persName>, and stealing therein a coat, a. pipe, and other articles, his property;</rs>
<hi rend="italic">also</hi>
<rs id="t18761211-109-offence-2" type="offenceDescription">
<interp inst="t18761211-109-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18761211-109-offence-2" type="offenceSubcategory" value="theftFromPlace"/>to breaking and entering the counting-house of
<persName id="t18761211-name-37" type="victimName">
<interp inst="t18761211-name-37" type="gender" value="male"/>
<interp inst="t18761211-name-37" type="surname" value="CASELEY"/>
<interp inst="t18761211-name-37" type="given" value="ARTHUR"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-109-offence-2 t18761211-name-37"/>Arthur Caseley</persName>, and stealing therein a coat and other articles, having been before convicted of felony, in October, 1861—</rs>
<hi rend="italic">
<rs id="t18761211-109-punishment-5" type="punishmentDescription">
<interp inst="t18761211-109-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-109-punishment-5" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-109-18761211 t18761211-109-punishment-5"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18761211-110">
<interp inst="t18761211-110" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-110" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-110-charge-1" targOrder="Y" targets="def1-110-18761211 t18761211-110-offence-1 t18761211-110-verdict-1"/>
<join result="criminalCharge" id="t18761211-110-charge-2" targOrder="Y" targets="def1-110-18761211 t18761211-110-offence-2 t18761211-110-verdict-1"/>
<persName id="def1-110-18761211" type="defendantName">
<interp inst="def1-110-18761211" type="gender" value="male"/>
<interp inst="def1-110-18761211" type="age" value="19"/>
<interp inst="def1-110-18761211" type="surname" value="FIELDING"/>
<interp inst="def1-110-18761211" type="given" value="JAMES SAMUEL"/>
<hi rend="largeCaps">JAMES SAMUEL FIELDING</hi> (19)</persName>
<rs id="t18761211-110-offence-1" type="offenceDescription">
<interp inst="t18761211-110-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18761211-110-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, to two indictments for stealing the sum of 124
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>.</rs>
<rs id="t18761211-110-offence-2" type="offenceDescription">
<interp inst="t18761211-110-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18761211-110-offence-2" type="offenceSubcategory" value="stealingFromMaster"/>and other sums of
<persName id="t18761211-name-39" type="victimName">
<interp inst="t18761211-name-39" type="gender" value="female"/>
<interp inst="t18761211-name-39" type="surname" value="BOWERBANK"/>
<interp inst="t18761211-name-39" type="given" value="ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-110-offence-2 t18761211-name-39"/>Elizabeth Bowerbank</persName> and another, his employers—</rs>
<rs id="t18761211-110-punishment-6" type="punishmentDescription">
<interp inst="t18761211-110-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-110-punishment-6" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-110-18761211 t18761211-110-punishment-6"/>
<hi rend="italic">Five Years' Penal Servitude.</hi> </rs>
<rs id="t18761211-110-verdict-1" type="verdictDescription">
<interp inst="t18761211-110-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-110-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18761211-111">
<interp inst="t18761211-111" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-111" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-111-charge-1" targOrder="Y" targets="def1-111-18761211 t18761211-111-offence-1 t18761211-111-verdict-1"/>
<join result="criminalCharge" id="t18761211-111-charge-2" targOrder="Y" targets="def1-111-18761211 t18761211-111-offence-2 t18761211-111-verdict-1"/>
<persName id="def1-111-18761211" type="defendantName">
<interp inst="def1-111-18761211" type="gender" value="male"/>
<interp inst="def1-111-18761211" type="age" value="28"/>
<interp inst="def1-111-18761211" type="surname" value="IRVING"/>
<interp inst="def1-111-18761211" type="given" value="EDWARD FITZHUGH CHARLES"/>
<hi rend="largeCaps">EDWARD FITZHUGH CHARLES IRVING</hi> (28)</persName>
<rs id="t18761211-111-offence-1" type="offenceDescription">
<interp inst="t18761211-111-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18761211-111-offence-1" type="offenceSubcategory" value="forgery"/>, to four indictments for uttering forged requests for the delivery of gold pencils, gold paper, and other goods, with intent to defraud;</rs>
<hi rend="italic">also</hi>
<rs id="t18761211-111-offence-2" type="offenceDescription">
<interp inst="t18761211-111-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18761211-111-offence-2" type="offenceSubcategory" value="embezzlement"/>to embezzling 10
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>., the money of
<persName id="t18761211-name-41" type="victimName">
<interp inst="t18761211-name-41" type="gender" value="male"/>
<interp inst="t18761211-name-41" type="surname" value="MAY"/>
<interp inst="t18761211-name-41" type="given" value="HERBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-111-offence-2 t18761211-name-41"/>Herbert May</persName> and another, his masters—</rs>
<rs id="t18761211-111-punishment-7" type="punishmentDescription">
<interp inst="t18761211-111-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-111-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-111-18761211 t18761211-111-punishment-7"/>
<hi rend="italic">Twelve Months' Impri
<lb/>sonment.</hi> </rs>
<rs id="t18761211-111-verdict-1" type="verdictDescription">
<interp inst="t18761211-111-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-111-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18761211-112">
<interp inst="t18761211-112" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-112" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-112-charge-1" targOrder="Y" targets="def1-112-18761211 t18761211-112-offence-1 t18761211-112-verdict-1"/>
<persName id="def1-112-18761211" type="defendantName">
<interp inst="def1-112-18761211" type="gender" value="male"/>
<interp inst="def1-112-18761211" type="age" value="35"/>
<interp inst="def1-112-18761211" type="surname" value="BEAUMONT"/>
<interp inst="def1-112-18761211" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY BEAUMONT</hi> (35)</persName>
<rs id="t18761211-112-offence-1" type="offenceDescription">
<interp inst="t18761211-112-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18761211-112-offence-1" type="offenceSubcategory" value="forgery"/>, to feloniously forging and uttering a certificate of his character, with intent to defraud</rs>
<rs id="t18761211-112-verdict-1" type="verdictDescription">
<interp inst="t18761211-112-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-112-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]
<hi rend="italic">Recommended to mercy by the prosecutor, having already been two months in prison</hi> </rs>
<rs id="t18761211-112-punishment-8" type="punishmentDescription">
<interp inst="t18761211-112-punishment-8" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18761211-112-punishment-8" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-112-18761211 t18761211-112-punishment-8"/>
<hi rend="italic">To enter into his own recognisances to appear and receive judgment when called upon.</hi> </rs> And</p> </div1>
<div1 type="trialAccount" id="t18761211-113">
<interp inst="t18761211-113" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-113" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-113-charge-1" targOrder="Y" targets="def1-113-18761211 t18761211-113-offence-1 t18761211-113-verdict-1"/>
<join result="criminalCharge" id="t18761211-113-charge-2" targOrder="Y" targets="def2-113-18761211 t18761211-113-offence-1 t18761211-113-verdict-1"/>
<join result="criminalCharge" id="t18761211-113-charge-3" targOrder="Y" targets="def3-113-18761211 t18761211-113-offence-1 t18761211-113-verdict-1"/>
<join result="criminalCharge" id="t18761211-113-charge-4" targOrder="Y" targets="def4-113-18761211 t18761211-113-offence-1 t18761211-113-verdict-1"/>
<join result="criminalCharge" id="t18761211-113-charge-5" targOrder="Y" targets="def2-113-18761211 t18761211-113-offence-2 t18761211-113-verdict-1"/>
<join result="criminalCharge" id="t18761211-113-charge-6" targOrder="Y" targets="def3-113-18761211 t18761211-113-offence-2 t18761211-113-verdict-1"/>
<join result="criminalCharge" id="t18761211-113-charge-7" targOrder="Y" targets="def4-113-18761211 t18761211-113-offence-2 t18761211-113-verdict-1"/>
<join result="criminalCharge" id="t18761211-113-charge-8" targOrder="Y" targets="def1-113-18761211 t18761211-113-offence-3 t18761211-113-verdict-1"/>
<join result="criminalCharge" id="t18761211-113-charge-9" targOrder="Y" targets="def3-113-18761211 t18761211-113-offence-3 t18761211-113-verdict-1"/>
<join result="criminalCharge" id="t18761211-113-charge-10" targOrder="Y" targets="def4-113-18761211 t18761211-113-offence-3 t18761211-113-verdict-1"/>
<join result="criminalCharge" id="t18761211-113-charge-11" targOrder="Y" targets="def3-113-18761211 t18761211-113-offence-4 t18761211-113-verdict-1"/>
<join result="criminalCharge" id="t18761211-113-charge-12" targOrder="Y" targets="def1-113-18761211 t18761211-113-offence-5 t18761211-113-verdict-1"/>
<join result="criminalCharge" id="t18761211-113-charge-13" targOrder="Y" targets="def2-113-18761211 t18761211-113-offence-6 t18761211-113-verdict-1"/>
<persName id="def1-113-18761211" type="defendantName">
<interp inst="def1-113-18761211" type="gender" value="male"/>
<interp inst="def1-113-18761211" type="age" value="47"/>
<interp inst="def1-113-18761211" type="surname" value="HALSON"/>
<interp inst="def1-113-18761211" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY HALSON</hi> (47)</persName>,
<persName id="def2-113-18761211" type="defendantName">
<interp inst="def2-113-18761211" type="gender" value="male"/>
<interp inst="def2-113-18761211" type="age" value="31"/>
<interp inst="def2-113-18761211" type="surname" value="WHITE"/>
<interp inst="def2-113-18761211" type="given" value="WALTER"/>
<hi rend="largeCaps">WALTER WHITE</hi> (31)</persName>,
<persName id="def3-113-18761211" type="defendantName">
<interp inst="def3-113-18761211" type="gender" value="male"/>
<interp inst="def3-113-18761211" type="age" value="21"/>
<interp inst="def3-113-18761211" type="surname" value="BAINES"/>
<interp inst="def3-113-18761211" type="given" value="ARTHUR WILLIAM"/>
<hi rend="largeCaps">ARTHUR WILLIAM BAINES</hi> (21)</persName>,
<hi rend="italic">and</hi>
<persName id="def4-113-18761211" type="defendantName">
<interp inst="def4-113-18761211" type="gender" value="male"/>
<interp inst="def4-113-18761211" type="age" value="17"/>
<interp inst="def4-113-18761211" type="surname" value="DESBOROUGH"/>
<interp inst="def4-113-18761211" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY DESBOROUGH</hi> (17)</persName>,
<rs id="t18761211-113-offence-1" type="offenceDescription">
<interp inst="t18761211-113-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18761211-113-offence-1" type="offenceSubcategory" value="simpleLarceny"/>to a conspiracy to steal the goods of
<persName id="t18761211-name-47" type="victimName">
<interp inst="t18761211-name-47" type="gender" value="male"/>
<interp inst="t18761211-name-47" type="surname" value="MAY"/>
<interp inst="t18761211-name-47" type="given" value="JOHN VENABLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-113-offence-1 t18761211-name-47"/>John Venables May</persName>; </rs>
<hi rend="italic">and</hi>
<rs id="t18761211-113-offence-2" type="offenceDescription">
<interp inst="t18761211-113-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18761211-113-offence-2" type="offenceSubcategory" value="simpleLarceny"/>Barnes,. White, and Desborough. to stealing 19 1/4 yards of serge of the said
<persName id="t18761211-name-48" type="victimName">
<interp inst="t18761211-name-48" type="gender" value="male"/>
<interp inst="t18761211-name-48" type="surname" value="MAY"/>
<interp inst="t18761211-name-48" type="given" value="JOHN VENABLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-113-offence-2 t18761211-name-48"/>John Venables May</persName>;</rs>
<hi rend="italic">and</hi>
<rs id="t18761211-113-offence-3" type="offenceDescription">
<interp inst="t18761211-113-offence-3" type="offenceCategory" value="theft"/>
<interp inst="t18761211-113-offence-3" type="offenceSubcategory" value="simpleLarceny"/>Barnes, Halson, and Desborough to stealing other goods of the same person;</rs>
<rs id="t18761211-113-offence-4" type="offenceDescription">
<interp inst="t18761211-113-offence-4" type="offenceCategory" value="theft"/>
<interp inst="t18761211-113-offence-4" type="offenceSubcategory" value="stealingFromMaster"/>the said Arthur William Barnes to stealing 45 yards of holland and other goods of the said
<persName id="t18761211-name-49" type="victimName">
<interp inst="t18761211-name-49" type="gender" value="male"/>
<interp inst="t18761211-name-49" type="surname" value="MAY"/>
<interp inst="t18761211-name-49" type="given" value="JOHN VENABLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-113-offence-4 t18761211-name-49"/>John Venables May</persName>, his master;</rs>
<rs id="t18761211-113-offence-5" type="offenceDescription">
<interp inst="t18761211-113-offence-5" type="offenceCategory" value="theft"/>
<interp inst="t18761211-113-offence-5" type="offenceSubcategory" value="stealingFromMaster"/>the said Henry Halson to stealing silk and velvet of
<persName id="t18761211-name-50" type="victimName">
<interp inst="t18761211-name-50" type="gender" value="male"/>
<interp inst="t18761211-name-50" type="surname" value="MAY"/>
<interp inst="t18761211-name-50" type="given" value="JOHN VENABLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-113-offence-5 t18761211-name-50"/>John Venables May</persName>, his master;</rs>
<hi rend="italic">and</hi>
<rs id="t18761211-113-offence-6" type="offenceDescription">
<interp inst="t18761211-113-offence-6" type="offenceCategory" value="theft"/>
<interp inst="t18761211-113-offence-6" type="offenceSubcategory" value="stealingFromMaster"/>the said Walter White to two other indictments for stealing 79 yards of silk, twenty-three bunches of artificial flowers, and other articles of the said
<persName id="t18761211-name-51" type="victimName">
<interp inst="t18761211-name-51" type="gender" value="male"/>
<interp inst="t18761211-name-51" type="surname" value="MAY"/>
<interp inst="t18761211-name-51" type="given" value="JOHN VENABLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-113-offence-6 t18761211-name-51"/>John Venables May</persName>, his master.</rs>
<rs id="t18761211-113-verdict-1" type="verdictDescription">
<interp inst="t18761211-113-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-113-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>>[Pleaded guilty: See original trial image.] </rs>
<rs id="t18761211-113-punishment-9" type="punishmentDescription">
<interp inst="t18761211-113-punishment-9" type="punishmentCategory" value="noPunish"/>
<interp inst="t18761211-113-punishment-9" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-113-18761211 t18761211-113-punishment-9"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-113-18761211 t18761211-113-punishment-9"/>
<join result="defendantPunishment" targOrder="Y" targets="def4-113-18761211 t18761211-113-punishment-9"/>
<hi rend="italic">Judgment respited.</hi> </rs> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 12
<hi rend="italic">th</hi>, 1876.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18761211-114">
<interp inst="t18761211-114" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-114" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-114-charge-1" targOrder="Y" targets="def1-114-18761211 t18761211-114-offence-1 t18761211-114-verdict-1"/>
<persName id="def1-114-18761211" type="defendantName">
<interp inst="def1-114-18761211" type="gender" value="male"/>
<interp inst="def1-114-18761211" type="age" value="23"/>
<interp inst="def1-114-18761211" type="surname" value="GORNALL"/>
<interp inst="def1-114-18761211" type="given" value="JOHN ROBERT"/>
<hi rend="largeCaps">JOHN ROBERT GORNALL</hi> (23),</persName>
<rs id="t18761211-114-offence-1" type="offenceDescription">
<interp inst="t18761211-114-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18761211-114-offence-1" type="offenceSubcategory" value="libel"/> Unlawfully publishing a certain defamatory libel concerning one
<persName id="t18761211-name-53" type="victimName">
<interp inst="t18761211-name-53" type="gender" value="male"/>
<interp inst="t18761211-name-53" type="surname" value="BAUM"/>
<interp inst="t18761211-name-53" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-114-offence-1 t18761211-name-53"/>John Baum</persName>.</rs> </p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">HORACE AVORY</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. STRIAGHT</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18761211-name-54" type="witnessName">
<interp inst="t18761211-name-54" type="gender" value="male"/>
<interp inst="t18761211-name-54" type="surname" value="ARMAND"/>
<interp inst="t18761211-name-54" type="given" value="EDWARD ANDREW"/>EDWARD ANDREW ARMAND</persName> </hi>. I live at 37, Swinbourne Road, Peterborough Road—in October I was in the employ of the proprietor of the "Chelsea News," Mr. Richard Russell—I know the defendant by seeing him at the office in King's Road, Chelsea—I was acting as the manager of the paper; it is published twice a week—on 9th October the defendant came, he pro
<lb/>duced this pamphlet, and asked me to read it; I glanced carelessly through it—lie then, asked me to insert it in the "Chelsea News"—he went away and called again in a quarter of an hour with a letter; this is the envelope</p>
<xptr type="pageFacsimile" doc="187612110008"/>
<hi rend="italic">produced</hi>); he gave it to me for the editor—he went away again returned almost immediately and said he had forgotten to enclose the pamphlet; he gave me a copy and told me to give it to the editor with the note—he said that he and Mr. Baum were well known to each other and that there was a difference of 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. between them—he asked me if I had seen the pamphlet before—I said that I had not—he said he was the author and expressed his surprise, saying that he and a friend had 10,000 printed and circulated in Chelsea with a view of closing the gardens—he said his name and address were enclosed in the envelope and we might make what use of it we liked—I gave the pamphlet and the envelope to the editor, Mr. Russell—the defendant called on Wednesday for a copy of the paper—I told him he could have one, but his pamphlet was not inserted; he seemed disappointed at that—he said he wished the gardens closed, and that all that he had stated in the pamphlet was true—he left seven or eight copies, I think, at the office.</p>
<hi rend="italic">Cross-examined.</hi> I was connected with the "Chelsea News" about three months—I left on the 14th October—I did not see the enclosure at the time.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-55" type="witnessName">
<interp inst="t18761211-name-55" type="gender" value="male"/>
<interp inst="t18761211-name-55" type="surname" value="RUSSELL"/>
<interp inst="t18761211-name-55" type="given" value="RICHARD"/>RICHARD RUSSELL</persName> </hi>. I am the editor of the "Chelsea News"—this envelope with the contents was handed to me by Armour on 9th October; the date of the letter—I opened it and read it—a pamphlet accompanied the letter, which was enclosed in the envelope—that is the letter. (
<hi rend="italic">Read:</hi> "Dear sir, Will you kindly insert the enclosed lines in your paper, and oblige, yours &c., John Robert Gornall.") The pamphlet was headed "The Trial of John Fox, or Fox John, or the Horrors of C*e**rne," and consisted of some hundred stanzas, alleging immoralities at the gardens—there was no printer's name to it—after reading it through, I had no doubt to whom it referred—I believed it referred to Mr. Baum, and judging from the nature of it I thought it was not fit to be inserted in any respectable paper; I did not insert it.</p>
<hi rend="italic">Cross-examined.</hi> I have been seven months editor of the "Chelsea News"—I was not editor when the agitation took place about closing the gardens—I know there was a party strongly opposed to it in a certain way.</p>
<hi rend="italic">Re-examined.</hi> There was also a very strong party in its favour.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-56" type="witnessName">
<interp inst="t18761211-name-56" type="gender" value="male"/>
<interp inst="t18761211-name-56" type="surname" value="BAUM"/>
<interp inst="t18761211-name-56" type="given" value="JOHN"/>JOHN BAUM</persName> </hi>. I am lessee and manager of the Cremorne Gardens—I have known the gardens for many years as a place of public entertainment—when I took them they had music, dancing, dramatic, and spirit licences—I went into possession in 1869—I have a lease for twenty-one years, and pay a rent of 3,000
<hi rend="italic">l</hi>. a year—I have laid out a large sum of money in improving the gardens; roughly, from 12,000
<hi rend="italic">l</hi>.—in 1873 there was an opposition to the music and dancing licences, and they we both refused—in 1874 a music licence was granted to me, and in 1875 the full licences were restored to me, as they were when I originally took the gardens—in 1874 and 1875 there was an opposition and the matter was discussed at the Sessions—no petition has been presented against my licences this year—the music and dancing licences were granted to me without any opposition—I have seen this pamphlet and read it—it was left at my private house by the prisoner—it applies undoubtedly to the Cremorne Gardens and to myself—I had to compound with my creditors during the last year—the suspension of my licences in 1874 had a very injurious effect upon the gardens, and cost me serious loss—the statements with regard to my looking with glee upon persons misfortunes are not at all true—I have never been convicted of any</p>
<xptr type="pageFacsimile" doc="187612110009"/>
<p>offence before I took the gardens—the admission to the gardens is 1
<hi rend="italic">s</hi>. and of course extra charges for the different entertainments, theatre, and so on—they are open at 3 o'clock in the day during the summer season, and the ordinary time of closing is about 12.30 by the Act of Parliament—we have an entertainment of fireworksat 10.30 now—during the last season nearly 300,000 persons have been in the gardens—all classess frequent them; especially the middle class—the police have charge of the grounds—I applied to the commissioners for the police to keep order in the ground, so as to regulate the traffic, and they do so.</p>
<hi rend="italic">Cross-examined.</hi> The middle class attend the gardens; husbands and wives and their families, and stay till 12.30—I seriously say this—there is a large platform, with an orchestra in the centre, upon which people dance—the band consists of forty-two performers, and is very skilful—the dancing generally commences about 7 o'clock and goes on, at intervals, till the close—the largest number of admissions to the gardens are not between 10.30 and 12.30—of course some loose women come between those hours, naturally; but to prevent any increase, I have increased the price—I charge 2
<hi rend="italic">s</hi>. after 10 o'clock, to keep it very respectable—I swear that I do not know if hundreds of the women of the town come into the gardens between 10.30 and 12.30—I am-walking about the gardens and observing the women and the way in which they are dressed—there may be some loose women, but you might see a great many more at the Crystal Palace—there are refreshment bars, in various parts of the gardens, at which spirits and liquors are sold—there are also supper rooms—I generally remain on the premises till the close—I have been at the entrance, facing down the embankment where the cabs stand, and I swear I have not seen hun
<lb/>dreds of women going away in the company of men—they, come and go certainly in the company of men—I should know some women of the town if I saw them there, but not all—in 1873 there was a very small attend
<lb/>ance of Magistrates upon the bench on the day my licences were refused—in a pecuniary point of view the garden were more prosperous when I obtained my licences again—now and then I give free admissions to the persons who exhibit boards and distribute bills; not perpetually.</p>
<hi rend="italic">Re-examined.</hi> The boards are exhibited outside the shops—we give the people tickets from time to time—we do not pay them for doing this service, we generally expend a few orders—there was no opposition to my licences this year—when the opposition arose we had a firework entertain
<lb/>ment and a representation of the bombardment of Strasbourg, which made a noise by firing—after that we gave a more peaceful representation with with less noise—persons who conduct themselves well are admitted; in fact I do not think I have the power to refuse anyone who does so—when the licences were renewed it was the largest number of Magistrates ever known to be present on the bench, and witnesses were called, and counsel on both sides heard.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. I did not know Gornall at all—I cannot tell whether he has been employed in the gardens—I have employed over 400 persons, from time to time.</p>
<hi rend="smallCaps">
<rs id="t18761211-114-verdict-1" type="verdictDescription">
<interp inst="t18761211-114-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-114-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18761211-114-punishment-10" type="punishmentDescription">
<interp inst="t18761211-114-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-114-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-114-18761211 t18761211-114-punishment-10"/>One Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18761211-115">
<interp inst="t18761211-115" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-115" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-115-charge-1" targOrder="Y" targets="def1-115-18761211 t18761211-115-offence-1 t18761211-115-verdict-1"/>
<persName id="def1-115-18761211" type="defendantName">
<interp inst="def1-115-18761211" type="gender" value="male"/>
<interp inst="def1-115-18761211" type="age" value="29"/>
<interp inst="def1-115-18761211" type="surname" value="GREEN"/>
<interp inst="def1-115-18761211" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD GREEN</hi> (29)</persName>
<rs id="t18761211-115-offence-1" type="offenceDescription">
<interp inst="t18761211-115-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18761211-115-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18761211-name-58" type="victimName">
<interp inst="t18761211-name-58" type="gender" value="male"/>
<interp inst="t18761211-name-58" type="surname" value="BURHOLT"/>
<interp inst="t18761211-name-58" type="given" value="HENRY FRANCIS"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-115-offence-1 t18761211-name-58"/>Henry Francis Burholt</persName>, and stealing therein a safe, and other articles, his property.</rs> </p>
<hi rend="smallCaps">MR. LILLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<xptr type="pageFacsimile" doc="187612110010"/>
<hi rend="smallCaps">
<persName id="t18761211-name-59" type="witnessName">
<interp inst="t18761211-name-59" type="gender" value="male"/>
<interp inst="t18761211-name-59" type="surname" value="BURHOLT"/>
<interp inst="t18761211-name-59" type="given" value="HENRY FRANCIS"/>HENRY FRANCIS BURHOLT</persName> </hi>. On 12th October, I kept the Crown and Sceptre, Ware Street, City, I have left since—I saw my house properly closed and secured that night—about 5.30 a.m. I was awakened by the police, went downstairs and missed the iron safe, which was all right the night before—there was between 80
<hi rend="italic">l</hi>. and 85
<hi rend="italic">l</hi>. in gold and silver in it, and one Spanish Bond, No. 29,690; three bills of exchange, which had not reached maturity, and eighty-seven returned checks—a button was knocked off the fanlight over the front door, and the glass was broken—the opening was quite large enough for a person to enter; I got information from a Mrs. Sixpence, where my money was gone—this (
<hi rend="italic">produced</hi>) is the cash-box that was in the safe, but there is none of the money there—the safe is at the police-station—I identified it as mine.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-60" type="witnessName">
<interp inst="t18761211-name-60" type="gender" value="female"/>
<interp inst="t18761211-name-60" type="surname" value="SIXPENCE"/>
<interp inst="t18761211-name-60" type="given" value="MARGARET"/>MARGARET SIXPENCE</persName> </hi>. I lived at 10, Ware Street, with my husband, at the time of the robbery—that house faces the public-house—on the morning of 12th October, after 3 o'clock, I was awakened by knockings at the street door—the prisoner with his wife occupied the back parlour—I saw him help to carry a safe in with another man, "whom I could not swear to; the front door was shut after they carried it in—about half an hour after
<lb/>wards, as near as I can say I heard a noise in the room; the door was closed—I still kept on the stairs thinking whatever they were doing at that time in the morning—in about half an hour I saw them come out of the room and go down the kitchen stairs—there is a back-door to the house, and a way out into a place called Dirty Lane—I then went to bed and know nothing more, but I heard footsteps on the stairs—the safe looked quite black; it was dark—I did not speak to the prisoner's wife—I hallooed as I went upstairs "You are a lot of thieves in this house."</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. There is only the landlady in the front parlour; the prisoner and his wife in the back, and a man and boy downstairs—I saw the prisoner's wife with a small lamp in her hand, and I saw her sweep down the stairs and lay the lamp down.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-61" type="witnessName">
<interp inst="t18761211-name-61" type="gender" value="male"/>
<interp inst="t18761211-name-61" type="surname" value="UPFLEMAN"/>
<interp inst="t18761211-name-61" type="given" value="EDWARD"/>EDWARD UPFLEMAN</persName> </hi>. I am carman to Mr. Burholt—on the night before the robbery the prisoner was in the Crown and Sceptre, he came in and out for about two hours—since that night he has never been in the house—he was in the habit of using the house before.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> You have not frequently used the house since the robbery—your wife has been there, but not you.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-62" type="witnessName">
<interp inst="t18761211-name-62" type="gender" value="male"/>
<interp inst="t18761211-name-62" type="surname" value="REVELL"/>
<interp inst="t18761211-name-62" type="given" value="RICHARD"/>RICHARD REVELL</persName> </hi> (
<hi rend="italic">Detective Officer M</hi>). I examined No. 10, Ware Square, early on the morning of 12th October—there is a back entrance to the house, and the safe was found lying about 20 yards from the prisoner's back door, in Dirty Lane, broken open; and these two pieces of iron and this screw were trodden in the mud—I compared them with the safe which is at the police-station—one piece was in the doorway of the back door of the premises where Margaret Sixpence and the prisoner
<hi rend="italic">e</hi>—I took the prisoner on the morning of 14th November—I had been on the look out for him since the robbery—I found him in bed at 10, Ware Street, in the back parlour.</p>
<hi rend="italic">Cross-examined.</hi> I found the screw actually in the premises.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-63" type="witnessName">
<interp inst="t18761211-name-63" type="gender" value="male"/>
<interp inst="t18761211-name-63" type="surname" value="PIGEON"/>
<interp inst="t18761211-name-63" type="given" value="JOHN"/>JOHN PIGEON</persName> </hi> (
<hi rend="italic">Police Sergeant N</hi> 64). About 4.30 a.m., on 12th October I was in the King's Head, its common name is Dirty Lane—I found an iron safe broken open, about 20 yards from the entrance of No. 10—I have seen the pieces that Keret compared with the safe, and they correspond; I also found a cash box in Dirty Lane, about 12 yards off—the prosecutor indentified them at the station.</p>
<xptr type="pageFacsimile" doc="187612110011"/>
<hi rend="italic">The Prisoner.</hi> That woman Sixpence is always drunk and fighting, and is the terror of the whole street She threatened to have us all trans
<lb/>ported if she could.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-64" type="witnessName">
<interp inst="t18761211-name-64" type="gender" value="female"/>
<interp inst="t18761211-name-64" type="surname" value="SIXPENCE"/>
<interp inst="t18761211-name-64" type="given" value="MARGARET"/>MARGARET SIXPENCE</persName> </hi> (
<hi rend="italic">re-examined</hi>). I never had any quarrel with the prisoner or his wife, they were quite strangers to me, I very seldom saw them at all—I never had any fighting with them.</p>
<hi rend="smallCaps">
<rs id="t18761211-115-verdict-1" type="verdictDescription">
<interp inst="t18761211-115-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18761211-115-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18761211-116">
<interp inst="t18761211-116" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-116" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-116-charge-1" targOrder="Y" targets="def1-116-18761211 t18761211-116-offence-1 t18761211-116-verdict-1"/>
<persName id="def1-116-18761211" type="defendantName">
<interp inst="def1-116-18761211" type="gender" value="female"/>
<interp inst="def1-116-18761211" type="age" value="24"/>
<interp inst="def1-116-18761211" type="surname" value="COOPER"/>
<interp inst="def1-116-18761211" type="given" value="MARY ELIZABETH"/>
<hi rend="largeCaps">MARY ELIZABETH COOPER</hi> (24)</persName>
<rs id="t18761211-116-offence-1" type="offenceDescription">
<interp inst="t18761211-116-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18761211-116-offence-1" type="offenceSubcategory" value="concealingABirth"/>, Unlawfully concealing the birth of her child.</rs> </p>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. SIMS</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18761211-116-verdict-1" type="verdictDescription">
<interp inst="t18761211-116-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18761211-116-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18761211-117">
<interp inst="t18761211-117" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-117" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-117-charge-1" targOrder="Y" targets="def1-117-18761211 t18761211-117-offence-1 t18761211-117-verdict-1"/>
<join result="criminalCharge" id="t18761211-117-charge-2" targOrder="Y" targets="def2-117-18761211 t18761211-117-offence-1 t18761211-117-verdict-1"/>
<join result="criminalCharge" id="t18761211-117-charge-3" targOrder="Y" targets="def2-117-18761211 t18761211-117-offence-2 t18761211-117-verdict-1"/>
<persName id="def1-117-18761211" type="defendantName">
<interp inst="def1-117-18761211" type="gender" value="male"/>
<interp inst="def1-117-18761211" type="age" value="34"/>
<interp inst="def1-117-18761211" type="surname" value="RALPH"/>
<interp inst="def1-117-18761211" type="given" value="ALEXANDER"/>
<hi rend="largeCaps">ALEXANDER RALPH</hi> (34)</persName>, and
<persName id="def2-117-18761211" type="defendantName">
<interp inst="def2-117-18761211" type="gender" value="male"/>
<interp inst="def2-117-18761211" type="age" value="54"/>
<interp inst="def2-117-18761211" type="surname" value="LECOMTE"/>
<interp inst="def2-117-18761211" type="given" value="EMILE"/>
<hi rend="largeCaps">EMILE LECOMTE</hi> (54)</persName>
<rs id="t18761211-117-offence-1" type="offenceDescription">
<interp inst="t18761211-117-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18761211-117-offence-1" type="offenceSubcategory" value="fraud"/>, Un
<lb/>lawfully obtaining from
<persName id="t18761211-name-68" type="victimName">
<interp inst="t18761211-name-68" type="gender" value="male"/>
<interp inst="t18761211-name-68" type="surname" value="ROBINSON"/>
<interp inst="t18761211-name-68" type="given" value="JOHN PETER"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-117-offence-1 t18761211-name-68"/>John Peter Robinson</persName> 50 yards of silk, from
<persName id="t18761211-name-69" type="victimName">
<interp inst="t18761211-name-69" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-117-offence-1 t18761211-name-69"/>John Kendall & Co.</persName>, twenty-six hams, and from
<persName id="t18761211-name-70" type="victimName">
<interp inst="t18761211-name-70" type="gender" value="male"/>
<interp inst="t18761211-name-70" type="surname" value="BAKER"/>
<interp inst="t18761211-name-70" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-117-offence-1 t18761211-name-70"/>Frederick Baker</persName>, two guns; and un
<lb/>lawfully and fradulently incurring liabilities for the goods. </rs>
<hi rend="largeCaps">LECOMTE</hi>
<rs id="t18761211-117-offence-2" type="offenceDescription">
<interp inst="t18761211-117-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18761211-117-offence-2" type="offenceSubcategory" value="receiving"/> was further charged with unlawfully receiving the goods, and with conspiring with Ralph to defraud.</rs> </p>
<hi rend="smallCaps">MR. J. P. GRAIN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18761211-name-71" type="witnessName">
<interp inst="t18761211-name-71" type="gender" value="male"/>
<interp inst="t18761211-name-71" type="surname" value="GOULLEE"/>
<interp inst="t18761211-name-71" type="given" value="CHARLES EDWARD"/>CHARLES EDWARD GOULLEE</persName> </hi>. I am manager in the order department of John Peter Robinson, Oxford Street—in consequence of this order (
<hi rend="italic">produced</hi>), which I received in an envelope on 26th September, I ordered 50 yards of silk to be made up into a parcel, and directed to Ralph, Victor, & Co., and gave instructions to our porter, Hawkins, to deliver it.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-72" type="witnessName">
<interp inst="t18761211-name-72" type="gender" value="male"/>
<interp inst="t18761211-name-72" type="surname" value="HAWKINS"/>
<interp inst="t18761211-name-72" type="given" value="JOHN"/>JOHN HAWKINS</persName> </hi>. I am an assistant to John Peter Robinson, silk merchant—on 28th September, I received a parcel of 50 yards of silk from Mr. Goullee, and in consequence of what he told me, I took it to 3, West
<lb/>moreland Buildings, Aldersgate Street—I saw the name of Ralph, Victor, & Co., on the ground-floor—I went into the office, and saw Lecomte—nobody else was there—I told Lecomte I had brought the silk from John Peter Robinson's, and wished to receive a cheque—he gave me this cheque (
<hi rend="italic">produced</hi>)—it is drawn on the London and County Bank, Aldersgate Street, for 12
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., and is dated 28/10/76, by Ralph, Victor, & Co., in favour of John Peter Robinson, or order—I did not notice, when I received it, that it was dated 28th October—I gave Lecomte a receipt for it—if I had noticed the date of it, I should not have left the goods—we afterwards received the cheque back from the bank, and I went again the following day to Messrs. Ralph, Victor, & Co.—I saw Lecomte there, and told him I wished to receive another cheque for the one dated before-hand—he said Mr. Ralph was in Paris, and would not be home before the following week—I had the original cheque with me, and I showed it to him, and took it back to Mr. Robinson's.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-73" type="witnessName">
<interp inst="t18761211-name-73" type="gender" value="male"/>
<interp inst="t18761211-name-73" type="surname" value="WELLS"/>
<interp inst="t18761211-name-73" type="given" value="ALFRED"/>ALFRED WELLS</persName> </hi>. I am manager to Messrs. Kendall & Co., of Charter-house Street—on 11th September the prisoner Ralph came with a card, "Ralph, Victor, & Co., Westmoreland Buildings, Aldersgate Street," and gave me an order for twenty smoked hams and six pale barns, to be sent to 3, Westmoreland Buildings, the following morning, to be paid for on delivery—I directed my porter to take them there the next morning, but Ralph called the next day before we had sent them away and said that he wished them sent up immediately, as he had left a cheque at home with his clerk to pay for them—on 12th I sent the hams by my porter Davis, and he brought me back this cheque for 12
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>., dated 26th September—I passed it through my bankers, and it was returned to me—I then discovered that</p>
<xptr type="pageFacsimile" doc="187612110012"/>
<p>it was post dated—I parted with my hams simply on Ralph's assurance that they were to be paid for on delivery.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-74" type="witnessName">
<interp inst="t18761211-name-74" type="gender" value="male"/>
<interp inst="t18761211-name-74" type="surname" value="DAVIS"/>
<interp inst="t18761211-name-74" type="given" value="WILLIAM"/>WILLIAM DAVIS</persName> </hi>. I am porter to Kendall & Co., provision merchants—on 12th September I received instructions and some hams—I went to West-moreland Buildings, Aldersgate Street—I saw on the door the name "Ralph, Victor, & Co."—it was more of a warehouse than anything—I saw no stock there, simply one barrel—I saw Lecomte there—I gave him the hams and told him I brought them from Messrs. Kendall & Co., and I was to take a cheque back; he took the hams, counted them, and gave me this cheque (
<hi rend="italic">produced</hi>)—it was already drawn—I did not notice at the time that it was dated 26th September, or I should not have delivered the hams—I took the cheque to my employers.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-75" type="witnessName">
<interp inst="t18761211-name-75" type="gender" value="male"/>
<interp inst="t18761211-name-75" type="surname" value="BUTLER"/>
<interp inst="t18761211-name-75" type="given" value="CHARLES"/>CHARLES BUTLER</persName> </hi>. I am salesman to Mr. Baker, a gun merchant, of 88, Fleet Street—I have seen both the prisoners—I saw Ralph first—he called at our place and asked to look at some guns—he produced this card, and ultimately he selected two guns and some cartridges, the amount of which was 19
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—he said "Send them by 4 o'clock to-day"—I said "I suppose you will be there"—he said "A cheque will be given"—I went on 22nd September to Westmoreland Buildings, and saw Lecomte—various things were lying about, but it did not look like a merchant's warehouse—I told Lecomte I had brought the goods from Mr. Baker—he said that Mr. Ralph had ordered them, and asked me for the bill—I gave it to him, and he gave me a cheque—this was in the office—he was at a desk, and he had a pen in his hands, and the cheque before him—I cannot say whether he was filling something-into the cheque, but it gave me that impression—I gave a receipt, and put the cheque in my pocket without looking at it—this is it—he also gave me a sixpence—if I had noticed it was post dated I should not have left the guns—it ought to have been a ready money pay
<lb/>ment—the moment I got back I found out that the cheque was post dated—I immediately returned to Westmoreland Buildings—it was about 4.30—when I got there the office was closed and I could not see Lecomte—I went again next day and waited some time, but nobody appeared—I went again on 25th, Monday—I then saw Lecomte—I asked him the meaning of the cheque being post dated—he said that he did not know anything about it; he had merely to fill in the amount, and that Mr. Ralph was in Paris, and if I paid the cheque in it would be all right—when the time came we paid it in, and it was returned to us marked "N.S."</p>
<hi rend="smallCaps">
<persName id="t18761211-name-76" type="witnessName">
<interp inst="t18761211-name-76" type="gender" value="male"/>
<interp inst="t18761211-name-76" type="surname" value="LAWSON"/>
<interp inst="t18761211-name-76" type="given" value="WILLIAM"/>WILLIAM LAWSON</persName> </hi>. I am shopwalker in the employ of Messrs. Allison & Co., of Regent Street, silk merchants—on 19th October Lecomte brought me this letter and an order—there was a cheque inside the letter—I took the order and the cheque to Mr. Oldroyd, our chief clerk, and in consequence of what he said I refused to execute the order—I gave Lecomte a letter written by our chief clerk, and I said that was the answer to his—I had never seen him before.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-77" type="witnessName">
<interp inst="t18761211-name-77" type="gender" value="male"/>
<interp inst="t18761211-name-77" type="surname" value="OLDROYD"/>
<interp inst="t18761211-name-77" type="given" value="JOHN PHILIP"/>JOHN PHILIP OLDROYD</persName> </hi>. I am chief clerk to Allison & Co., of Regent Street—on 19th October the last witness brought me the order produced, with a check and this letter—I made a communication to Mr. Lawson—I read the letter at the time; it was to the effect that we could not supply any goods excepting for cash; if they would present us an open cheque we would tender it, and if paid we would send the goods—the cheque was dated 19th November, on the London and County Bank, Aldersgate Street branch, signed Ralph, Victor, & Co., and crossed.</p>
<xptr type="pageFacsimile" doc="187612110013"/>
<hi rend="smallCaps">
<persName id="t18761211-name-78" type="witnessName">
<interp inst="t18761211-name-78" type="gender" value="male"/>
<interp inst="t18761211-name-78" type="surname" value="MILCHAM"/>
<interp inst="t18761211-name-78" type="given" value="THOMAS"/>THOMAS MILCHAM</persName> </hi>. I am now at the Brentwood branch of the London and County Bank—on 7th November I was at the Aldersgate Street branch—Ralph called upon me at the bank and said that he wished to open an account—I informed him that it was not the custom of the bank to open any accounts without getting a reference—he said he was in the provision" trade, and mentioned the names of several houses with whom he did business in the City—I said "Can you refer me to them"—he said "Oh, no; I only-sell to them"—he said "I have some money with me, and I can pay it in, and you can make your inquiries after"—I said "I cannot do that; I must have some reference"—he gave me a name in Paris, and he then gave me the name of Mr. Leech—I told him I would inquire, and if he called in the afternoon I would give him an answer—I then inquired, and in the after
<lb/>noon he called again and tendered me 15
<hi rend="italic">l</hi>.—I told him it was a very small amount—he said he was going to Birmingham, and would remit me from there 300
<hi rend="italic">l</hi>. or 400
<hi rend="italic">l</hi>.—the result of it all was that he paid in 15
<hi rend="italic">l</hi>.—I gave him a cheque book for 50 forms—this is our pass-book, which is a copy of the ledger—refreshing my memory from that I find that the only sum paid in afterwards was 5
<hi rend="italic">l</hi>., on 16th September, so that altogether there was 20
<hi rend="italic">l</hi>. paid in to the account—on the 8th, 4
<hi rend="italic">l</hi>. and 1
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. were drawn out; on the 11th, 2
<hi rend="italic">l</hi>.; on the 12th, 3
<hi rend="italic">l</hi>.; on the 13th, 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.; on the 20th, 3
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.; on the 23rd, 2
<hi rend="italic">l</hi>.; on October 2nd, 15
<hi rend="italic">s</hi>.; on the 25th, he was debited with the cheques 4
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>., and that left a balance of 15
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>.—he signed his name in the signature book in my presence, in the ordinary course—the signatures to these cheques produced are all Ralph's, we had no other—in two cases I should say the body of the cheque was' filled in by Ralph, but in one case not—that is Mr. Baker's order for 17
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., that is hot, in my belief, written by Ralph—the others, I have no doubt, were in Ralph's writing—on 19th October this cheque for Us. was presented, I believe by the prisoner Lecomte, several cheques having been previously returned—the cashier directed my attention to the signature—I walked forward and said either "I wish to have a word with you," or "Will you step this way," and imme
<lb/>diately I said so the person who presented the cheque ran out at the door—I recollect clearly the occurrence—he had his hat on, as an ordinary customer—he decamped.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-79" type="witnessName">
<interp inst="t18761211-name-79" type="gender" value="male"/>
<interp inst="t18761211-name-79" type="surname" value="LEECH"/>
<interp inst="t18761211-name-79" type="given" value="JOSEPH"/>JOSEPH LEECH</persName> </hi>. I am the owner of No. 3, Westmoreland Buildings, Aldersgate Street—in March or April this year I was brought into commu
<lb/>nication with Ralph through Debenham & Tewson, the auctioneers—Ralph wanted to take the warehouse—he said that he was an importer of French preserved produce and an exporter of English produce, that his father was in a large way of business in France—he said nothing about how he was going to trade or whether he was in partnership or not—he gave me two references which were fair and satisfactory, and took possession on 5th May—I first became acquainted with Lecomte by seeing him in the warehouse with Ralph shortly after that—it was generally Ralph with whom I conversed, heacted as the principal—he did not say anything about Lecomte—when Ralph was away Lecomte always acted for him; Lecomte did not say what position he held there—Ralph always spoke of his partner as a Mr. Victor—an exe
<lb/>cution was put in, which I paid, and locked the place up after receiving the keys from Lecomte—two days afterwards I heard to my astonishment that the warehouse was opened—I went round and found Lecomte and a Jew in possession of the premises—I said to Lecom to "How is this?"—he said "Tomorrow is quarter-day and I had no business to have given you the</p>
<xptr type="pageFacsimile" doc="187612110014"/>
<p>keys"—I said "You gave me possession," but knowing the next day was quarter day I could do nothing but leave them in possession—the last time I saw Lecomte was on the Saturday following in the street—I asked him where Ralph was—he said that he was in Paris and would be back shortly and it would be all right—afterwards he said that he had not seen him for some time, that was three or four or five weeks afterwards—I never got my rent.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-80" type="witnessName">
<interp inst="t18761211-name-80" type="gender" value="male"/>
<interp inst="t18761211-name-80" type="surname" value="GRAYBOURNE"/>
<interp inst="t18761211-name-80" type="given" value="JOHN WILLIAM"/>JOHN WILLIAM GRAYBOURNE</persName> </hi>. I am a general agent, of 1, Bull and Mouth Street—I know both the prisoners; Ralph from about the middle of May this year—I became acquainted with Leconte from his apparent business connectional at Westmoreland Buildings; he was there when I saw Ralph—I had two transactions—Lecomte was not there during the actual purchase of the goods—I sold some goods to Ralph on 15th May—I only saw Lecomte when they could not pay—I wanted Lecomte to give me some goods instead of money—he said that certain goods which were coming to England should be given in payment of our account—he did not actually say that he was one of the firm—when I did not see Ralph I saw Lecomte and he assumed authority—on one occasion he produced a letter and said that he could not hand over the goods until they had actually arrived—as far as I am con
<lb/>cerned, they never did arrive; if they did we never got them—Ralph bought from me in the name of Victor & Co.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-81" type="witnessName">
<interp inst="t18761211-name-81" type="gender" value="indeterminate"/>
<interp inst="t18761211-name-81" type="surname" value="HOWELL"/>
<interp inst="t18761211-name-81" type="given" value="CLEMENCE"/>CLEMENCE HOWELL</persName> </hi>. I first became acquainted with the prisoners about two years ago; they had an office in Burleigh Street, Covent Garden, and another in Crutched Friars—they were carrying on a commission business under the name of Lecomte & Co.—I sold to them in both places—I was intro
<lb/>duced to Ralph as Leconte by a friend in the first instance—he represented himself as a member of the firm—I have always known Ralph as Lecomte and Lecomte as his brother—I have met them frequently in business—they were entered in the Business Directory at both addresses—this was in the month of August, 1874—the last date I knew anything of them was February, 1875, but not in Burleigh Street; they had given up that—I lost sight of them in Crutched Friars.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-82" type="witnessName">
<interp inst="t18761211-name-82" type="gender" value="male"/>
<interp inst="t18761211-name-82" type="surname" value="LYITHELL"/>
<interp inst="t18761211-name-82" type="given" value="SAMUEL"/>SAMUEL LYITHELL</persName> </hi> (
<hi rend="italic">City Detective Sergeant</hi>). I received a warrant on 3rd November, for the apprehension of both prisoners, and on 10th November they were brought to the Snow Hill station—I said to Ralph "Mr. Ralph?"—he said "That is my name"—I then said to Lecomte "Mr. Victor"—he said "No, my name is Lecomte"—the warrant was read to them and they made no reply to the charge—they were afterwards seen by Hawkins, who identified them—I then said to Lecomte "This is the young man from Peter Robinson's, he is the person who gave you the goods, and you gave him a check"—he said that the check was given by the direction of Mr. Victor—I found nothing on them relating to the charge.</p>
<hi rend="smallCaps">
<rs id="t18761211-117-verdict-1" type="verdictDescription">
<interp inst="t18761211-117-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-117-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18761211-117-punishment-11" type="punishmentDescription">
<interp inst="t18761211-117-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-117-punishment-11" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-117-18761211 t18761211-117-punishment-11"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-117-18761211 t18761211-117-punishment-11"/>Five Years' Penal Servitude each</rs>.</hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 12
<hi rend="italic">th</hi>, 1876.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18761211-118">
<interp inst="t18761211-118" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-118" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-118-charge-1" targOrder="Y" targets="def1-118-18761211 t18761211-118-offence-1 t18761211-118-verdict-1"/>
<persName id="def1-118-18761211" type="defendantName">
<interp inst="def1-118-18761211" type="gender" value="male"/>
<interp inst="def1-118-18761211" type="age" value="20"/>
<interp inst="def1-118-18761211" type="surname" value="KING"/>
<interp inst="def1-118-18761211" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM KING</hi> (20)</persName>
<rs id="t18761211-118-offence-1" type="offenceDescription">
<interp inst="t18761211-118-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18761211-118-offence-1" type="offenceSubcategory" value="simpleLarceny"/>,
<hi rend="smallCaps">
<rs id="t18761211-118-verdict-1" type="verdictDescription">
<interp inst="t18761211-118-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-118-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> ** to stealing eight coats, the goods of
<persName id="t18761211-name-84" type="victimName">
<interp inst="t18761211-name-84" type="gender" value="male"/>
<interp inst="t18761211-name-84" type="surname" value="MUSGROVE"/>
<interp inst="t18761211-name-84" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-118-offence-1 t18761211-name-84"/>George Musgrove</persName>, having been convicted of felony at Clerken
<lb/>well, in June, 1874. </rs>
<hi rend="italic">There were altogether eleven convictions against him,.—
<rs id="t18761211-118-punishment-12" type="punishmentDescription">
<interp inst="t18761211-118-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-118-punishment-12" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-118-18761211 t18761211-118-punishment-12"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18761211-119">
<interp inst="t18761211-119" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-119" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-119-charge-1" targOrder="Y" targets="def1-119-18761211 t18761211-119-offence-1 t18761211-119-verdict-1"/>
<persName id="def1-119-18761211" type="defendantName">
<interp inst="def1-119-18761211" type="gender" value="male"/>
<interp inst="def1-119-18761211" type="age" value="57"/>
<interp inst="def1-119-18761211" type="surname" value="STIRLING"/>
<interp inst="def1-119-18761211" type="given" value="EDWARD FRANCIS"/>
<hi rend="largeCaps">EDWARD FRANCIS STIRLING</hi> (57)</persName>
<rs id="t18761211-119-offence-1" type="offenceDescription">
<interp inst="t18761211-119-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18761211-119-offence-1" type="offenceSubcategory" value="other"/>, Unlawfully selling obscene prints.</rs> </p>
<xptr type="pageFacsimile" doc="187612110015"/>
<hi rend="smallCaps">MR. MEAD</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. REED</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18761211-name-86" type="witnessName">
<interp inst="t18761211-name-86" type="gender" value="female"/>
<interp inst="t18761211-name-86" type="surname" value="DAVIS"/>
<interp inst="t18761211-name-86" type="given" value="FRANK"/>FRANK DAVIS</persName> </hi> (
<hi rend="italic">City Policeman</hi>). On 9th October, I was instructed to write a letter to the prisoner, and I did so—I have given him notice to produce it—I kept a copy of it, this is it. (
<hi rend="italic">This was from the witness to the prisoner enclosing </hi>2
<hi rend="italic">l. and requesting him to send some pictures similar to some which he had supplied to another person.</hi>) I enclosed in that letter—a stamped envelope—I received no reply, and on 12th October, I called at the prisoner's house, 34, Bridgewater Gardens—it is a printer's shop—I saw the prisoners' wife there, but not himself—I afterwards received this letter in the stamped envelope which I had sent. (
<hi rend="italic">This requested the witness to meet the prisoner at Edgware Road Station.</hi>) On Saturday 14th, I went to the Edgware Road Station, according to the letter, and the prisoner came up to me and pushed me by the arm, and said "Well, George"—I said "How do you know my name is George?"—he said "Well, Corbett, what might your Dame be?"—I said "
<hi rend="italic">Old friend Bill</hi>"—he asked me what I wanted, I said that I wanted some books, I did not want gems, I wanted something better, I had seen them and had got rid of them, and I wanted Sir Henry Lovell, or something like that—I had never seen one of those books—he said "I suppose you are all right"—I said "Oh, yes, I am all right"—he said "I know the police are after me, and if they get me I know I shall get two—years, some "of them got two years for it, a little while ago, and if I thought anyone was selling me I would rip' their guts out, and the police too if they came there; I am one of the oldest left now, and you will get a good hiding if you come there"—he then asked me for the money—I told him I could not afford to give him the money—he had not said how much it was, but afterwards he said "Will you give me 2
<hi rend="italic">l</hi>."—I said "No, I cannot afford that, I might not get it"—I afterwards gave him 1
<hi rend="italic">l</hi>.—it was not. arranged what books he was to
<hi rend="italic">get</hi>, but. he was to get two—I was to see him again on Monday—I was dressed in knee breeches and gaiters as a coachman—I saw him on the Monday at his house, and he produced these two books "Fanny Hill," and "The f——Countess"—I have examined them; they are very obscene—I paid him 3
<hi rend="italic">l</hi>. on Monday, making 4
<hi rend="italic">l</hi>., altogether—on 24th October, I went to his house again and asked for some cards—he showed me some; they were not finished, they required colouring and I would not have them—the price was half a crown each; I asked for a dozen and gave him 5
<hi rend="italic">s</hi>. on account—he showed me a picture of a woman; a very disgusting thing, and said that he was going to take some sketches of it—I saw him again before he finished the—cards, and paid him 2
<hi rend="italic">s</hi>. more—he afterwards brought these cards (
<hi rend="italic">produced</hi>) to me at Burlington Mews, Westbourne Park, and I paid him 15
<hi rend="italic">s</hi>. more for them, making in all 22
<hi rend="italic">s</hi>.—on 13th November, I gave him an order for a dozen cards, rather better than those—on 20th November, I obtained two warrants at Guild
<lb/>hall, one for a search, and one for his arrest, and on 22nd November, I went to his shop—Sergeant Webb and another officer remained Outside—he produced the cards I have in my hand for which I had arranged to pay him 22
<hi rend="italic">s</hi>., he wanted 25
<hi rend="italic">s</hi>., at that point Sergeant Webb came in and read the warrant—I was with him when the search was made, and produce a list of the articles found, among them were these three manuscript books which are very disgusting, also "Injured Innocence, or the Rape of Sarah Wood-cock," that is printed, and it is very obscene—we also found this "Cata
<lb/>logue of scarce books."</p>
<hi rend="italic">Cross-examined.</hi> I was instructed by Detective Sergeant Webb to put</p>
<xptr type="pageFacsimile" doc="187612110016"/>
<p>myself in communication with the prisoner; I had never seen him before—I wrote two letters, which he answered, and then met him outside the Edg ware Road Station—I got nothing from him at that meeting, but I paid him 1
<hi rend="italic">l</hi>. in advance—on the Monday I obtained from him the two books I had asked for in the front part of his shop at the right hand side of the door as you go in—the door was pushed to—nobody else was there; his wife went upstairs—I am certain the doors were not locked—they were pushed to, but not fastened—he particularly asked me if I wanted one particular book, one which is so disgusting that I have not mentioned it—he told me that I could have some slides if I wanted them, and he brought them tome to the stable one evening—I called several times at the prisoner's house, but not always in the same costume—I bad a workman's dress on several occasions, a stable suit—no one else was present when he brought the slides to the stable—the stable door was closed—we afterwards had something to drink; I proposed it—I always like to keep friends with people—he had several glasses—he did not seem to feel the effects of it a great deal—I refused to have some slides because they were in black pencil and were not coloured—he said "I will colour them for you, and you shall have them to-morrow night—I wanted them for myself; I very likely said that I wanted them for somebody else, and possibly I used some name—I bought the cards in the prisoner's front shop, but there is a small room behind, where the printing machine is—I got the cards from the prisoner's hand, and said "How much have I to pay you for these extra"—he said "1
<hi rend="italic">l</hi>.; I have not been able to do them all, my hand has been bad, but here are eight; the others will be ready in a day or two"—Sergeant Webb then walked in.</p>
<hi rend="italic">Re-examined.</hi> He asked me if I should like a book on—I said "No"—he was quite sober when I bought the books at his house and when he was taken in custody—he said "I will colour the cards, and you can have them to-morrow night"—when I made the search I found this box of colours and hair brushes (
<hi rend="italic">produced</hi>).</p>
<hi rend="smallCaps">
<persName id="t18761211-name-87" type="witnessName">
<interp inst="t18761211-name-87" type="gender" value="male"/>
<interp inst="t18761211-name-87" type="surname" value="WEBB"/>
<interp inst="t18761211-name-87" type="given" value="HENRY"/>HENRY WEBB</persName> </hi> (
<hi rend="italic">City Detective Sergeant</hi>). On 22nd November I went to the prisoner's shop in Bridgewater Gardens with Davis—I sent him on and followed—when I went in I saw the prisoner in the shop with Davis and a constable named Holt—"I said "Mr. Stirling, I am an officer, and hold a warrant for your apprehension for selling indecent and obscene books"—he said "All right, I am in it, and must get out of it in the best way I can; I admit I sold books to this man," pointing to Davis—a search was made by the constables, and I saw these books and other things found.</p>
<hi rend="italic">Cross-examined.</hi> No resistance was made to the search.</p>
<hi rend="smallCaps">
<rs id="t18761211-119-verdict-1" type="verdictDescription">
<interp inst="t18761211-119-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-119-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18761211-119-punishment-13" type="punishmentDescription">
<interp inst="t18761211-119-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-119-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-119-18761211 t18761211-119-punishment-13"/>Two Years' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18761211-120">
<interp inst="t18761211-120" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-120" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-120-charge-1" targOrder="Y" targets="def1-120-18761211 t18761211-120-offence-1 t18761211-120-verdict-1"/>
<persName id="def1-120-18761211" type="defendantName">
<interp inst="def1-120-18761211" type="gender" value="male"/>
<interp inst="def1-120-18761211" type="age" value="33"/>
<interp inst="def1-120-18761211" type="surname" value="PITTAR"/>
<interp inst="def1-120-18761211" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN PITTAR</hi> (33)</persName> was indicted
<rs id="t18761211-120-offence-1" type="offenceDescription">
<interp inst="t18761211-120-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18761211-120-offence-1" type="offenceSubcategory" value="other"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MEAD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="italic">The prisoner having in the hearing of the Jury stated that he wished to with draw his plea and</hi> </p>
<hi rend="smallCaps">PLEAD GUILTY</hi>,
<hi rend="italic">the Jury found him</hi> </p>
<hi rend="smallCaps">
<rs id="t18761211-120-verdict-1" type="verdictDescription">
<interp inst="t18761211-120-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-120-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>.
<hi rend="italic">He had pre
<lb/>viously been sentenced to two years' imprisonment for a like, offence in</hi> 1873—
<hi rend="italic">
<rs id="t18761211-120-punishment-14" type="punishmentDescription">
<interp inst="t18761211-120-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-120-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-120-18761211 t18761211-120-punishment-14"/>Two Years' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18761211-121">
<interp inst="t18761211-121" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-121" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-121-charge-1" targOrder="Y" targets="def1-121-18761211 t18761211-121-offence-1 t18761211-121-verdict-1"/>
<persName id="def1-121-18761211" type="defendantName">
<interp inst="def1-121-18761211" type="gender" value="male"/>
<interp inst="def1-121-18761211" type="age" value="25"/>
<interp inst="def1-121-18761211" type="surname" value="THOMPSON"/>
<interp inst="def1-121-18761211" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE THOMPSON</hi> (25)</persName>
<rs id="t18761211-121-offence-1" type="offenceDescription">
<interp inst="t18761211-121-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18761211-121-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18761211-name-90" type="victimName">
<interp inst="t18761211-name-90" type="gender" value="male"/>
<interp inst="t18761211-name-90" type="surname" value="NEALE"/>
<interp inst="t18761211-name-90" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-121-offence-1 t18761211-name-90"/>George Neale</persName>, and stealing therein a clock, twelve drills, and other articles, his property.</rs> </p>
<hi rend="smallCaps">MR. HARRIS</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. COLE</hi>
<hi rend="italic">the Defence.</hi>
<hi rend="smallCaps">JOHN GEORGE BARTON</hi> (
<hi rend="italic">Policeman N</hi> 381). On 2nd November, about 1 a.m.,</p>
<xptr type="pageFacsimile" doc="187612110017"/>
<p>I saw the prisoner come out of the front garden of Arthur Cottage, Park Street, Hackney Wick, and go up Horner Road—I noticed that the ground floor window was wide open; it slides up—I went after the prisoner, and asked him where he lived—he said "Hackney Wick"—I asked him if I did not see him come out of a house in Park Street a few minutes before—he said no, but I might have seen him talking to a female there—I said that be would have to go back with me—I went to take hold of him, and he threw his arms up—I do not know whether he touched my heels or whether I overbalanced myself, but I fell backward and cut my head, and he got away; I ran after him a little way, but he got over the rails into Victoria Park—on 23rd November, about 5.30 p.m, I followed some one to a public-house in Prince Edward Road—I got another constable and stood at the door, and the prisoner came out with two females, but as soon as he saw me he stepped in again, but came out in half a minute or a minute—I told him I was a constable, and wanted him for committing a burglary at Arthur Cottage, Hackney Wick, on the 2nd of the month, at 1 a.m.—he. said that it was a mistake—when I went back to Arthur Cottage, I kicked up against this clock by the gate where the prisoner had come out, and picked it up—I then called up the prosecutor, who missed the clock.</p>
<hi rend="italic">Cross-examined.</hi> I was in plain clothes at the public-house, my brother officer was in uniform—the two women came out—when I took him in charge I think he said "You are mistaken"—I do not remember saying before the Magistrate "He said we had made a mistake."</p>
<hi rend="smallCaps">
<persName id="t18761211-name-91" type="witnessName">
<interp inst="t18761211-name-91" type="gender" value="male"/>
<interp inst="t18761211-name-91" type="surname" value="MCDONALD"/>
<interp inst="t18761211-name-91" type="given" value="PETER"/>PETER MCDONALD</persName> </hi> (
<hi rend="italic">Policeman</hi>). I was with Barton when he took the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-92" type="witnessName">
<interp inst="t18761211-name-92" type="gender" value="male"/>
<interp inst="t18761211-name-92" type="surname" value="NEALE"/>
<interp inst="t18761211-name-92" type="given" value="GEORGE"/>GEORGE NEALE</persName> </hi>. I am a jeweller, living at Arthur Cottage, Park Street, Hackney—on 1st November I went to bed about 11 a.m.—the doors and windows were all closed—there were lots of clocks in the window, and this was one of them—I was called up about 1.20 by the constable and found the window open as far as it could be—I missed this clock and a ring with two stones deficient, a brooch, and other things which have not been found.</p>
<hi rend="smallCaps">
<rs id="t18761211-121-verdict-1" type="verdictDescription">
<interp inst="t18761211-121-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-121-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He was further charged with a previous conviction in</hi> 1869,
<hi rend="italic">to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>**—
<hi rend="italic">
<rs id="t18761211-121-punishment-15" type="punishmentDescription">
<interp inst="t18761211-121-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-121-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-121-18761211 t18761211-121-punishment-15"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">FOURTH COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 12
<hi rend="italic">th</hi>, 1876.</p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18761211-122">
<interp inst="t18761211-122" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-122" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-122-charge-1" targOrder="Y" targets="def1-122-18761211 t18761211-122-offence-1 t18761211-122-verdict-1"/>
<persName id="def1-122-18761211" type="defendantName">
<interp inst="def1-122-18761211" type="gender" value="male"/>
<interp inst="def1-122-18761211" type="age" value="16"/>
<interp inst="def1-122-18761211" type="surname" value="JONES"/>
<interp inst="def1-122-18761211" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES JONES</hi> (16)</persName>
<rs id="t18761211-122-offence-1" type="offenceDescription">
<interp inst="t18761211-122-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18761211-122-offence-1" type="offenceSubcategory" value="burglary"/>,
<hi rend="smallCaps">
<rs id="t18761211-122-verdict-1" type="verdictDescription">
<interp inst="t18761211-122-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-122-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to a burglary in the dwelling-house of
<persName id="t18761211-name-94" type="victimName">
<interp inst="t18761211-name-94" type="gender" value="male"/>
<interp inst="t18761211-name-94" type="surname" value="WORDLEY"/>
<interp inst="t18761211-name-94" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-122-offence-1 t18761211-name-94"/>John Wordley</persName>, and stealing a pipe and other articles his property</rs>
<hi rend="italic">
<rs id="t18761211-122-punishment-16" type="punishmentDescription">
<interp inst="t18761211-122-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-122-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-122-18761211 t18761211-122-punishment-16"/>Twelve Months' Imprisonment.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18761211-123">
<interp inst="t18761211-123" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-123" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-123-charge-1" targOrder="Y" targets="def1-123-18761211 t18761211-123-offence-1 t18761211-123-verdict-1"/>
<persName id="def1-123-18761211" type="defendantName">
<interp inst="def1-123-18761211" type="gender" value="male"/>
<interp inst="def1-123-18761211" type="age" value="28"/>
<interp inst="def1-123-18761211" type="surname" value="WALKER"/>
<interp inst="def1-123-18761211" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WALKER</hi> (28)</persName>
<rs id="t18761211-123-offence-1" type="offenceDescription">
<interp inst="t18761211-123-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18761211-123-offence-1" type="offenceSubcategory" value="forgery"/>, to feloniously forging an order for the payment of 17
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. with intent to defraud—</rs>
<rs id="t18761211-123-punishment-17" type="punishmentDescription">
<interp inst="t18761211-123-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-123-punishment-17" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-123-18761211 t18761211-123-punishment-17"/>
<hi rend="italic">Five Years' Penal Servitude.</hi> </rs>
<rs id="t18761211-123-verdict-1" type="verdictDescription">
<interp inst="t18761211-123-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-123-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18761211-124">
<interp inst="t18761211-124" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-124" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-124-charge-1" targOrder="Y" targets="def1-124-18761211 t18761211-124-offence-1 t18761211-124-verdict-1"/>
<join result="criminalCharge" id="t18761211-124-charge-2" targOrder="Y" targets="def2-124-18761211 t18761211-124-offence-1 t18761211-124-verdict-2"/>
<persName id="def1-124-18761211" type="defendantName">
<interp inst="def1-124-18761211" type="gender" value="male"/>
<interp inst="def1-124-18761211" type="age" value="20"/>
<interp inst="def1-124-18761211" type="surname" value="GRANT"/>
<interp inst="def1-124-18761211" type="given" value="DAVID"/>
<hi rend="largeCaps">DAVID GRANT</hi> (20)</persName>
<hi rend="italic">and</hi>
<persName id="def2-124-18761211" type="defendantName">
<interp inst="def2-124-18761211" type="gender" value="male"/>
<interp inst="def2-124-18761211" type="age" value="22"/>
<interp inst="def2-124-18761211" type="surname" value="NELSON"/>
<interp inst="def2-124-18761211" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN NELSON</hi> (22)</persName>
<rs id="t18761211-124-offence-1" type="offenceDescription">
<interp inst="t18761211-124-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18761211-124-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Feloniously breaking and entering the shop of
<persName id="t18761211-name-98" type="victimName">
<interp inst="t18761211-name-98" type="gender" value="male"/>
<interp inst="t18761211-name-98" type="surname" value="PARSONS"/>
<interp inst="t18761211-name-98" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-124-offence-1 t18761211-name-98"/>John Parsons</persName> and stealing therein sixteen coats and other goods, his property.</rs> </p>
<hi rend="largeCaps">GRANT</hi>
<hi rend="smallCaps">
<rs id="t18761211-124-verdict-1" type="verdictDescription">
<interp inst="t18761211-124-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-124-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-99" type="witnessName">
<interp inst="t18761211-name-99" type="gender" value="male"/>
<interp inst="t18761211-name-99" type="surname" value="FRITH"/>
<interp inst="t18761211-name-99" type="given" value="KEITH"/>MR. KEITH FRITH</persName> </hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. C. MATHEWS</hi>
<hi rend="italic">conducted the Prosecution;</hi> </p>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">defended Nelson.</hi> </p>
<hi rend="smallCaps">
<persName id="t18761211-name-100" type="witnessName">
<interp inst="t18761211-name-100" type="gender" value="male"/>
<interp inst="t18761211-name-100" type="surname" value="PARSONS"/>
<interp inst="t18761211-name-100" type="given" value="JOHN"/>JOHN PARSONS</persName> </hi>. I live at No. 24, Goswell Road, and am a tailor; but my shop is at No. 9, Barley-Mow Passage—on the 23rd November last I left my shop securely fastened by a lock and padlock; there is an inner door—I went there next morning about 9 o'clock and found the door open and the padlock put on the sill inside the door, and the shop clear—I</p>
<xptr type="pageFacsimile" doc="187612110018"/>
<p>called the prisoner Grant down—as far as my memory goes I missed several pairs of trousers, a velvet cap, velvet collars, silk, and braid, and black linings—I have since seen some of them—those trimmings, &c, are my property and were amongst the things saved—Grant lived in the house.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>. I have known Grant about five or six months—his mother occupies the upper part of the house—I rent only the shop—the Grants have a right of way through my shop to fetch coke—I saw some of my goods at the station—I know the cap by the ribbon, by the quilting and the way it is made; they are made for the gentlemen of the Charter House—I have worn that cap myself—I do not sell caps for new after wearing them.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-101" type="witnessName">
<interp inst="t18761211-name-101" type="gender" value="male"/>
<interp inst="t18761211-name-101" type="surname" value="JACOBS"/>
<interp inst="t18761211-name-101" type="given" value="ALFRED HENRY"/>ALFRED HENRY JACOBS</persName> </hi>. I live at No. 81, Britannia Street, City Road, and work in Barley Mow Passage, next door to Mr. Parson's shop, at No. 48, and am an assistant to a barber—I know Nelson—on Thursday, 23rd November, I was standing at the bottom of Barley Mow Passage at about 8.15; I saw a cab come up and Nelson get out; he came up the court, hid round a corner a little time, and then Grant went and spoke to him—seeing me he said "Don't you say a b———word and I'll give you a few half-pence," and he ran in the house—I said "A few halfpence!"—he then came out with a bundle and placed it in a cab—I do not know whether he opened the door of the house or how he got in—Grant was standing at the door of the house, and another young man was there who gave me a two-shilling piece and went into the shop and got out another bundle—the two men jumped into the cab and drove away; Grant got on the top.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>. I swear it was Nelson who got out of the cab.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-102" type="witnessName">
<interp inst="t18761211-name-102" type="gender" value="male"/>
<interp inst="t18761211-name-102" type="surname" value="CHILD"/>
<interp inst="t18761211-name-102" type="given" value="ROBERT"/>ROBERT CHILD</persName> </hi> (
<hi rend="italic">City Detective</hi>). About 1 o'clock on Saturday afternoon, the 25th November, I went to Grant's house and took him into custody—on receiving a message I went next morning to the station, when Grant made a statement to me, in consequence of which I went to our offices in Goswell Street, when Gilbert, another officer, brought Nelson to me—I told him the charge, and he said "This is got up for me"—I then went to Nelson's house with Gilbert and searched—underneath the bed I found eight velvet collars, two pieces of braid, and a velvet cap—I took them to the station and Nelson said "All right, I suppose they are part of the
<hi rend="italic">bust"</hi>—that means burglary.</p>
<hi rend="italic">Cross-examined.</hi> There are other persons living in Nelson's house; the house is let out to lodgers—there are six or eight rooms—there was a woman there; I cannot say if she is his wife—the prosecutor gave me a list and description of what he thought he had lost on Saturday—he could hardly tell what he had lost on the Friday morning—Nelson occupied the second floor—I found the things in a box under his bed.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-103" type="witnessName">
<interp inst="t18761211-name-103" type="gender" value="male"/>
<interp inst="t18761211-name-103" type="surname" value="GILBERT"/>
<interp inst="t18761211-name-103" type="given" value="ISAAC"/>ISAAC GILBERT</persName> </hi> (
<hi rend="italic">City Policeman</hi> 552). I took Nelson into custody at No. 22—he was reading Lloyd's newspaper—I made inquiries about a room and in consequence went with Childs to search, and found those things—when Nelson was at the station he said "This is a bad job, Gilbert, I shall get five years for this."</p>
<hi rend="italic">Cross-examined.</hi> I was not examined before the Magistrate—I was subpÅ“naed to-day—I told Mr. Martin at the Guildhall what I have told here—there was no attorney.</p>
<hi rend="smallCaps">MR. MATHEWS</hi>
<hi rend="italic">proposing to call the prisoner Grant as a witness</hi>,
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic"> objected, Grant having been present while the witnesses had given evidence. In</hi> </p>
<xptr type="pageFacsimile" doc="187612110019"/>
<hi rend="italic">reply to the inquiry of</hi>
<hi rend="smallCaps">THE COURT, MR. RIBTON</hi>
<hi rend="italic">was not prepared with any authority for such an objection, except the invariable practice for the prosecution to give notice of their intention to make, a witness of the prisoner and to have him removed whilst the other witnesses were examined.</hi>
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">considered the evidence admissible, the circumstances under which it was given being matter of comment only.</hi> </p>
<hi rend="smallCaps">
<persName id="t18761211-name-104" type="witnessName">
<interp inst="t18761211-name-104" type="gender" value="male"/>
<interp inst="t18761211-name-104" type="surname" value="GRANT"/>
<interp inst="t18761211-name-104" type="given" value="DAVID"/>DAVID GRANT</persName> </hi> (
<hi rend="italic">the Prisoner</hi>). On the Tuesday before Mr. Parson's shop was broken into I met Nelson and another chap, who asked me where I was lining; I told him in the same place, over a barber's and a tailor's shop—he said "Couldn't we get into the tailor's shop?"—I said I did not like to do it, because they knew that I had been to the school—he said "Never mind, all you have to do is to open the door;" and I opened it—I saw them bring the things out—I went in the cab with Nelson to 22, Allen Street, and we left the things on the floor in the back room—I know the things; I have seen them in Mr. Parson's shop before.</p>
<hi rend="italic">Cross-examined.</hi> We live on the first floor—I know the boy Jacobs—I have never been engaged with him in a robbery.</p>
<hi rend="largeCaps">NELSON</hi>**—
<hi rend="smallCaps">
<rs id="t18761211-124-verdict-2" type="verdictDescription">
<interp inst="t18761211-124-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-124-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18761211-124-punishment-18" type="punishmentDescription">
<interp inst="t18761211-124-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-124-punishment-18" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-124-18761211 t18761211-124-punishment-18"/>Seven Years' Penal Servitude.</rs> </hi> </p>
<hi rend="largeCaps">GRANT</hi>*—
<hi rend="italic">
<rs id="t18761211-124-punishment-19" type="punishmentDescription">
<interp inst="t18761211-124-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-124-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-124-18761211 t18761211-124-punishment-19"/>Two Years' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18761211-125">
<interp inst="t18761211-125" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-125" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-125-charge-1" targOrder="Y" targets="def1-125-18761211 t18761211-125-offence-1 t18761211-125-verdict-1"/>
<persName id="def1-125-18761211" type="defendantName">
<interp inst="def1-125-18761211" type="gender" value="male"/>
<interp inst="def1-125-18761211" type="age" value="19"/>
<interp inst="def1-125-18761211" type="surname" value="SULLIVAN"/>
<interp inst="def1-125-18761211" type="given" value="MURT"/>
<hi rend="largeCaps">MURT SULLIVAN</hi> (19)</persName>
<rs id="t18761211-125-offence-1" type="offenceDescription">
<interp inst="t18761211-125-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18761211-125-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence on
<persName id="t18761211-name-106" type="victimName">
<interp inst="t18761211-name-106" type="gender" value="female"/>
<interp inst="t18761211-name-106" type="surname" value="CALLAGHAN"/>
<interp inst="t18761211-name-106" type="given" value="MARGARET"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-125-offence-1 t18761211-name-106"/>Margaret Callaghan</persName>, and stealing 1
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>., her goods.</rs> </p>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. A. B. KELLY</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18761211-name-107" type="witnessName">
<interp inst="t18761211-name-107" type="gender" value="female"/>
<interp inst="t18761211-name-107" type="surname" value="CALLAGHAN"/>
<interp inst="t18761211-name-107" type="given" value="MARGARET"/>MARGARET CALLAGHAN</persName> </hi>. I live at No. 3, St. Andrew's Court, Westmin
<lb/>ster—I am an unfortunate—on the 17th of November I was coming home in a cab from Knightsbridge—after paying for the cab three men
<hi rend="italic">followed</hi> me to Queen's Place—I had had a glass, but I knew what I was doing—I went to pay my landlady 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. which I owed for rent, when three ruffians attacked me—the prisoner had hold of my throat—he took the purse out of my left hand and held my right—my landlady then came and said "If you have got her money do not kill her"—they called her beastly names—I am not certain of the names of the other two men, but I know this man—there was 1
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. in the purse; 1
<hi rend="italic">l</hi>. in gold.</p>
<hi rend="italic">Cross-examined.</hi> I do not know if one man's-name was Cornelius—this is the man that robbed me—the inspector asked me if the two brothers: were in it, and I said I believed they were—I was excited, because they held me by the throat—I made a mistake in charging the brother.</p>
<hi rend="italic">Re-examined.</hi> I said I could not swear to the brother, and on that account he was discharged.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-108" type="witnessName">
<interp inst="t18761211-name-108" type="gender" value="female"/>
<interp inst="t18761211-name-108" type="surname" value="YARNTON"/>
<interp inst="t18761211-name-108" type="given" value="ELIZABETH"/>ELIZABETH YARNTON</persName> </hi>. I live at No. 5, Queen's Place, Great Peter Street, and am the wife of Thomas Yarnton—I was standing at the corner of Queen's Place on the night of this occurrence—the' prosecutrix came up followed by three young men and 'a' policeman—I said "She does not live here"—the policeman went away—at 12.45 a.m., prosecutrix came again and said "I want to pay what I owe you"—I said "You have been drink
<lb/>ing, pay me in the morning"—Sullivan and the other two men would not leave her—I said "Why don't you leave her alone?"—he said "You b——, I know who she is"—"Well," I said "You know where she lives"—when I found they only gave me saucy answers, I looked for a policeman, and then I saw three of them struggling—I said "Oh, my God, do not murder her"—I knew the prisoner, and one of the other men by sight, but not by name—the prosecutrix said "They have got it"—I said "Got what?"—</p>
<xptr type="pageFacsimile" doc="187612110020"/>
<p>she said "My money"—the prisoner said "You b——so-and-so, I'll hit you in your b——eye."</p>
<hi rend="italic">Cross-examined.</hi> The prosecutrix had lived with me—I could not then let her have her things, and said "You had better come when sober"—I did not see the purse.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-109" type="witnessName">
<interp inst="t18761211-name-109" type="gender" value="female"/>
<interp inst="t18761211-name-109" type="surname" value="RIDGER"/>
<interp inst="t18761211-name-109" type="given" value="REBECCA"/>REBECCA RIDGER</persName> </hi>. I live at No. 1, Queen Ann's Place—on the Saturday morning I was with Mrs. Yarnton—the prosecutrix came to pay her rent—Mrs. Yarnton asked her to pay in the morning—after that I saw scuffling of Sullivan and two other men with the prosecutrix—they were trying to take her money—Sullivan had hold of her by the throat, and was trying to throttle her—I did not see the purse—Mrs. Yarnton said "Do not kill her if you have taken her money"—the prosecutrix said "They have got my money."</p>
<hi rend="italic">Cross-examined.</hi> I did not see the prisoner take the money—I heard the men say "We have come to take her home."</p>
<hi rend="smallCaps">
<persName id="t18761211-name-110" type="witnessName">
<interp inst="t18761211-name-110" type="gender" value="female"/>
<interp inst="t18761211-name-110" type="surname" value="CRESSWELL"/>
<interp inst="t18761211-name-110" type="given" value="KATE"/>KATE CRESSWELL</persName> </hi>. I live at 35 New Peter Street, Westminster—on this night, I was speaking with Mrs. Yarnton and two other women, when I saw the prosecutrix come up with a purse in her hand, and the prisoner and two other men with her; I then went to the bottom of the court and sat down a few minutes—I saw the prisoner with his left hand round the prose
<lb/>cutrix, and holding her throat; I did not see anything in his hand—she said "For God's sake, they have robbed me"—I did not hear the prisoner say anything.</p>
<hi rend="italic">Cross-examined.</hi> I was there when the police-constable came; he said there was not sufficient evidence for him to take the men into custody—I heard the men ask to be searched; I did not hear prisoner say it.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-111" type="witnessName">
<interp inst="t18761211-name-111" type="gender" value="male"/>
<interp inst="t18761211-name-111" type="surname" value="CHANDLER"/>
<interp inst="t18761211-name-111" type="given" value="JEFFREY"/>JEFFREY CHANDLER</persName> </hi> (
<hi rend="italic">Policeman B</hi> 315). On the night of the 17th, the prosecutrix complained to me, and I took Sullivan into custody—I charged him at the station, but he made no reply—I searched him, and found 2
<hi rend="italic">s</hi>. and 1/2
<hi rend="italic">d</hi>. on him.</p>
<hi rend="italic">Cross-examined.</hi> He did not say he knew nothing about it till he got to the station—the prisoner's brother followed to the station, and the prosecutrix charged him—the prisoner's brother was taken into custody, and taken before the Magistrate, but discharged.</p>
<hi rend="smallCaps">
<rs id="t18761211-125-verdict-1" type="verdictDescription">
<interp inst="t18761211-125-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18761211-125-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18761211-126">
<interp inst="t18761211-126" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-126" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-126-charge-1" targOrder="Y" targets="def1-126-18761211 t18761211-126-offence-1 t18761211-126-verdict-1"/>
<persName id="def1-126-18761211" type="defendantName">
<interp inst="def1-126-18761211" type="gender" value="male"/>
<interp inst="def1-126-18761211" type="age" value="30"/>
<interp inst="def1-126-18761211" type="surname" value="SEAMAN"/>
<interp inst="def1-126-18761211" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM SEAMAN</hi> (30)</persName>
<rs id="t18761211-126-offence-1" type="offenceDescription">
<interp inst="t18761211-126-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18761211-126-offence-1" type="offenceSubcategory" value="burglary"/>, Burglary in the dwelling-house of
<persName id="t18761211-name-113" type="victimName">
<interp inst="t18761211-name-113" type="gender" value="male"/>
<interp inst="t18761211-name-113" type="surname" value="TAYLOR"/>
<interp inst="t18761211-name-113" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-126-offence-1 t18761211-name-113"/>Henry Taylor</persName>, with intent to steal.</rs> </p>
<hi rend="smallCaps">MR. MILLWOOD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18761211-name-114" type="witnessName">
<interp inst="t18761211-name-114" type="gender" value="male"/>
<interp inst="t18761211-name-114" type="surname" value="TAYLOR"/>
<interp inst="t18761211-name-114" type="given" value="HENRY"/>HENRY TAYLOR</persName> </hi>. I am a boot-maker, and live at No. 2, Charlotte Street, Whitechapel; I closed my shop on Saturday night at 12 o'clock, before going to bed—it was all safe—I was disturbed between 2 and 3 o'clock on the following morning by seeing the reflection of a light in the shop—the light disappeared, and I heard a match struck; I jumped out of bed, and called to the lodgers upstairs that there were thieves in the house—then a man ran through the front shop, unbolted the street door, took the chain off got into the street, crossed Charlotte Street, and ran up Gloucester Street—I saw the prisoner turn into Gloucester Street.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> The man I saw had dark clothes and a billycock hat—I never saw you before—I said at the station that the man bad dark clothes and a billycock hat, and at the police-court before the Magistrate on the 13th—I saw two men outside my house when you came back I do not know them.</p>
<xptr type="pageFacsimile" doc="187612110021"/>
<hi rend="smallCaps">
<persName id="t18761211-name-115" type="witnessName">
<interp inst="t18761211-name-115" type="gender" value="male"/>
<interp inst="t18761211-name-115" type="surname" value="DEVONOLD"/>
<interp inst="t18761211-name-115" type="given" value="JOHN"/>JOHN DEVONOLD</persName> </hi> (
<hi rend="italic">Policeman H</hi> 149). On the morning of the 12th November, about 2.30, I heard the cry of "Police!"—I met the prisoner running up Gloucester Street from Charlotte Street—something fell on the footway—I said "Stop!"—he said "What have I to do with you?"—I said "I will see," and I took him back to Charlotte Street—he tried to get away—I sprang my rattle first—a female told me some one had broken into No. 2—I took the prisoner there and saw the prosecutor—I then took him to the station and charged him—he was covered with whitewash down to his knees—the prisoner ran about 100 yards—I found some matches in his pocket and in the shop, which correspond—I also found a candle.</p>
<hi rend="italic">Cross-examined.</hi> I did not ask the men I saw when we got back what they wanted, nor charge them—I found marks on the window.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-116" type="witnessName">
<interp inst="t18761211-name-116" type="gender" value="male"/>
<interp inst="t18761211-name-116" type="surname" value="GASTON"/>
<interp inst="t18761211-name-116" type="given" value="WALTER"/>WALTER GASTON</persName> </hi> (
<hi rend="italic">Policeman H</hi> 200). About 2.30 on the morning of 12th November I was in Gloucester Street and heard a policeman's rattle—I saw the prisoner in custody of last witness—I searched the prisoner at the sta
<lb/>tion and found a gimlet, apiece of pipe, the string produced, and some matches—there were marks on the window sill of the shop, and I found a piece of candle outside.</p>
<hi rend="italic">Cross-examined.</hi> The gimlet might have fallen from a workman's basket—I saw two men walk up to the shop and stop.</p>
<hi rend="italic">Prisoner's Defence.</hi> The prosecutor cannot swear I am the man. He never saw me in his life previous to ray being in charge. He makes a dif
<lb/>ferent statement on 13th November to what he does on the 20th and he never says anything about the black hat-till the 20th. Constable Devonold says he heard something drop but he did not look for it Two other men were about and it is as likely to be them as me. I had been engaged mov
<lb/>ing goods till late and that is how I came dirty with whitewash. When the prosecutor was asked if I was the man he said "I don't know." "Never mind," said the constable, "You charge him." I am innocent.</p>
<hi rend="smallCaps">
<rs id="t18761211-126-verdict-1" type="verdictDescription">
<interp inst="t18761211-126-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-126-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>**—
<hi rend="italic">
<rs id="t18761211-126-punishment-20" type="punishmentDescription">
<interp inst="t18761211-126-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-126-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-126-18761211 t18761211-126-punishment-20"/>Fourteen Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday and Thursday, December</hi> 13
<hi rend="italic">th and</hi> 13
<hi rend="italic">th</hi>, 1876.</p>
<hi rend="italic">Before Mr. Baron Pollock.</hi> </p>
<hi rend="italic">For the case of Isaac Marks, tried on these days, see Surrey Cases.</hi>)</p>
<hi rend="largeCaps">THIRD COURT</hi>
<hi rend="italic">Wednesday, December</hi> 13
<hi rend="italic">th</hi>, 1876.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18761211-127">
<interp inst="t18761211-127" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-127" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-127-charge-1" targOrder="Y" targets="def1-127-18761211 t18761211-127-offence-1 t18761211-127-verdict-1"/>
<join result="criminalCharge" id="t18761211-127-charge-2" targOrder="Y" targets="def2-127-18761211 t18761211-127-offence-2 t18761211-127-verdict-1"/>
<persName id="def1-127-18761211" type="defendantName">
<interp inst="def1-127-18761211" type="gender" value="male"/>
<interp inst="def1-127-18761211" type="age" value="18"/>
<interp inst="def1-127-18761211" type="surname" value="MCCARTHY"/>
<interp inst="def1-127-18761211" type="given" value="DENNIS"/>
<hi rend="largeCaps">DENNIS MCCARTHY</hi> (18)</persName>
<rs id="t18761211-127-offence-1" type="offenceDescription">
<interp inst="t18761211-127-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18761211-127-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing a sovereign, and half a crown, and twenty-eight sheets, of
<persName id="t18761211-name-118" type="victimName">
<interp inst="t18761211-name-118" type="gender" value="male"/>
<interp inst="t18761211-name-118" type="surname" value="JACOBS"/>
<interp inst="t18761211-name-118" type="given" value="HARRIS"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-127-offence-1 t18761211-name-118"/>Harris Jacobs</persName>, his master; and </rs>
<persName id="def2-127-18761211" type="defendantName">
<interp inst="def2-127-18761211" type="gender" value="male"/>
<interp inst="def2-127-18761211" type="age" value="45"/>
<interp inst="def2-127-18761211" type="surname" value="HOWE"/>
<interp inst="def2-127-18761211" type="given" value="DAVID"/>
<hi rend="largeCaps">DAVID HOWE</hi> (45)</persName>
<rs id="t18761211-127-offence-2" type="offenceDescription">
<interp inst="t18761211-127-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18761211-127-offence-2" type="offenceSubcategory" value="receiving"/>, Feloniously receiving the same.</rs> </p>
<hi rend="smallCaps">MR. J. P. GRAIN</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. THORNE COLE</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18761211-name-120" type="witnessName">
<interp inst="t18761211-name-120" type="gender" value="male"/>
<interp inst="t18761211-name-120" type="surname" value="JACOBS"/>
<interp inst="t18761211-name-120" type="given" value="HARRIS"/>HARRIS JACOBS</persName> </hi>. I am a general dealer, and carry on business' at Cutler Street, Houndsditch—McCarthy had been in my employ about five months before the 5th of November—his duties were to take parcels out—he never sold; my wife and I sold—on the 5th November, in consequence of my suspicions, I went to Bishopsgate Street police-station, and in the presence of Thomas Roper marked fourteen sovereigns, fifteen half-sovereigns, six half-crowns, and some smaller silver—I placed them in my cashbox in my bed-room—I left the cashbox unlocked; also the door of the bedroom—this was about 9.45 in the morning—I went into my bedroom about 12.15, and</p>
<xptr type="pageFacsimile" doc="187612110022"/>
<p>on looking into my cashbox I missed one of the marked sovereigns and one of the marked half-crowns—I went for a police-constable and gave McCarthy into custody at my other shop—I have two shops—that (
<hi rend="italic">produced</hi>) is the sovereign and the half-sovereign—in the evening I was sent for to the police-station by a constable—I went there, and saw McCarthy in the cell—he said to me "If you don't go hard against me, I'll tell you where some of your property is"—I said "It is a thing I cannot promise and I must not promise; I might be placed in the same position that you are"—he said "You have been a very good master to me, and I am very sorry. You'll find some of your property at Howe's, Gravel Lane, the coal shed; there is four sheets and four tablecloths; I sold them two or three days ago for 2
<hi rend="italic">s</hi>., and the man said 'Get as many as you can'"—I then went with the con
<lb/>stable to No. 117, Gravel Lane; he knocked at the door—Howe looked out of the window; he said to Roper "Is that you, Barney?"—the constable answered "Yes"—Howe came down and opened the door—there were two constables—I believe the constable said "
<hi rend="italic">Davy</hi>, I have come here; you have bought some goods of
<hi rend="italic">chap</hi> named Dennis McCarthy"—Howe said "I have not"—I then asked leave to go upstairs—he said "Yes, you may go upstairs"—we went up—directly I got into the room I went over to the bed—I found two sheets belonging to me, with my private mark upon them—the private mark is the cost price—Howe was present—Roper said "Have you got any tablecloths?"—Howe replied "We havn't got any such thing in the place"—Roper found a cupboard, and asked for the keys—he there found five or six more of my sheets—they then proceeded to search generally and found some tablecloths, pillow cases, toilet covers, a table cover, pillow slips, and jacket—I have seen them all at the police-station—they all have my private mark on them—they are all my property—I have been missing things for the last four or five months, both money and goods—none of those goods had been sold by me—McCarthy had no authority to sell at all—they were taken from 25, Cutler Street—that is about four minutes' wait from Gravel Lane—the value of the lot was about 6
<hi rend="italic">l</hi>., cost price—I have sold no linen sheets for the last four months—after all this property had been found, Howe said "My late wife bought the sheets seven, eight, or ten years back"—he said nothing with reference to the other property.</p>
<hi rend="italic">Cross-examined.</hi> McCarthy has never been commissioned to sell either from me or my wife—I only gave him 18
<hi rend="italic">s</hi>. a week, besides his perquisites, that is if he got 6
<hi rend="italic">d</hi>. or 1
<hi rend="italic">s</hi>. given to him—I don't know whether he can read or write; I never employed him to write anything for me—my private mark is a little mark of red lead—I have sold things with this mark on them—I do not rub out the mark when I sell things—I deal in bedding articles and have been in business about twenty years altogether in these two shops—during these twenty years I have dealt with all kinds of things in the bedding line—I sell both wholesale and retail; I sell to dealers; I do not purchase from small dealers, I buy entirely of wholesale houses—I have dealt for the last twenty years in sheets—I make purchases at the salerooms, at Deben
<lb/>ham's, at the public auctions—I do not save the catalogues—I do not keep any books, I cannot write; my wife cannot write—I went right up to the bed, saw the sheets, and identified them at once—my wife came down to Guildhall to identify the property; I recollect her going into the witness-box and being sworn before she saw a single article; after she had been sworn she was then taken to another part of the bench where all the articles were shown to her for her identification—I know perfectly well if the man is con
<lb/>victed that this property which I claim will pass into my possession.</p>
<xptr type="pageFacsimile" doc="187612110023"/>
<hi rend="italic">Re-examined.</hi> I bought some of this property at Debenham's and some at other sales.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-121" type="witnessName">
<interp inst="t18761211-name-121" type="gender" value="female"/>
<interp inst="t18761211-name-121" type="surname" value="JACOBS"/>
<interp inst="t18761211-name-121" type="given" value="FANNY"/>FANNY JACOBS</persName> </hi>. I am the wife of Harris Jacobs—I assist him in his busi
<lb/>ness—McCarthy never sold articles from our place—I have seen all the articles and identified them as the property of my husband; I have seen ray husband's private mark upon them them—I think it is about five or six weeks ago that I missed the tablecover—I spoke to him; I said to him "I don't know what has become of this tablecover"—he said nothing to that—I never sold that tablecover—it is about three months since I sold any linen sheets, I cannot tell exactly.</p>
<hi rend="italic">Cross-examined.</hi> When I went to Guildhall and looked at the sheets I do not recollect saying "I cannot say whether any have been sold," of course I cannot say whether any of those sheets had been sold—that table cover" was for sale; we sell large quantities of table covers; we deal in everything; the value of the table cover is about 10
<hi rend="italic">s</hi>., I would give 10
<hi rend="italic">s</hi>. for it—I recollect being sworn at the Guildhall before I had seen a single article—we do not keep any books in our place; I cannot read or write—no one gave McCarthy instructions to sell anything on Sunday morning—he never sold anything for us.</p>
<hi rend="italic">Re-examined.</hi> I mean that he never had authority from me to sell.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-122" type="witnessName">
<interp inst="t18761211-name-122" type="gender" value="male"/>
<interp inst="t18761211-name-122" type="surname" value="MINORD"/>
<interp inst="t18761211-name-122" type="given" value="WILLIAM"/>WILLIAM MINORD</persName> </hi> (
<hi rend="italic">City Policeman</hi> 797). About 12.20 on the 5th No
<lb/>vember Mr. Jacobs spoke to me—I followed him, and McCarthy was given into my custody—he was charged with stealing a sovereign and a half-crown—he said "I will go quietly"—I took him to the station and searched him—I found a marked half-crown in his pocket and the sovereign in the
<hi rend="italic">leg</hi> of his trowsers—I found a watch and chain on him—he said he had received: the money in change.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-123" type="witnessName">
<interp inst="t18761211-name-123" type="gender" value="male"/>
<interp inst="t18761211-name-123" type="surname" value="ROPER"/>
<interp inst="t18761211-name-123" type="given" value="THOMAS"/>THOMAS ROPER</persName> </hi> (
<hi rend="italic">City Detective</hi>). On 5th November last I marked in the presence of Mr. Jacobs fourteen sovereigns, fifteen half-sovereigns, and some half-crowns; I gave them back to Mr. Jacobs; this sovereign and half-crown. are part of those I marked—after McCarthy had been brought to the station he said he wished to see Mr. Jacobs—I went for him, he came to the station—McCarthy said he wished to tell Mr. Jacobs something about some of the things on condition, that he would, not go hard against him—Me Jacobs said he could not promise any such thing, if he liked to tell him he might—McCarthy said "I will tell you all about it, I have taken some tablecloths and some sheets of yours, four tablecloths and four sheets, and have sold them for 2
<hi rend="italic">s</hi>. to Howe in Gravel Lane, and he told me to bring as many more as I could"—I then went in company with Mr. Jacobs to Howe's house; he is a coal, coke, and charcoal dealer—I knocked at the door—Howe looked out of the window—he said "Is that you,
<hi rend="italic">Barney</hi>," or something like that—I said "Yes"—he came down and let me in—we went upstairs into his. bedroom—I searched the place—on the bed we found two cotton sheets, underneath the bed four more sheets, five tablecovers, eight pillow cases, an antimacassar, and a napkin belonging to Mr. Jacobs—Howe said his wife had bought them eight or nine years ago, he did not interfere with these matters, and he did not know how she bought them—he said there were a lot of bills hanging up—I said "There is no good my looking at them, if you have any
<lb/>thing relating to these things show it"—he said he had not.</p>
<hi rend="italic">Cross-examined.</hi> He said I might look over the bills he had there; it would take me a week or so to do that—when asked about the matter he said "So help me God, I bought nothing"—he told me when I asked him</p>
<xptr type="pageFacsimile" doc="187612110024"/>
<p>that I could go anywhere I liked—Wright and I looked at the sheets, we found them all marked, more or less, either with a "D H" or a "H," but there were other marks upon them besides with only pencil marks.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-124" type="witnessName">
<interp inst="t18761211-name-124" type="gender" value="male"/>
<interp inst="t18761211-name-124" type="surname" value="WRIGHT"/>
<interp inst="t18761211-name-124" type="given" value="WILLIAM"/>WILLIAM WRIGHT</persName> </hi> (
<hi rend="italic">City Detective</hi>). About 7.30 on the evening of 5th November, I went with Roper to Howe's house in Gravel Lone—I found six woollen comforters, four under shirts, and one smock, thirty-one pairs of stockings, and a variety of other articles, twenty-eight nightcaps, two under vests, a number of china plates and dishes, basins, saucers, &c.—I asked Howe if he could account for possession of any of these goods, referring to the sheets—he said he did not recollect where they came from—he could not account for them—I asked him if he had any bills or invoices relating to them—he said "No"—he could give no account of the mufflers—he said his brother-in-law had brought the stockings home from America shortly the American war—I said "That is twelve or thirteen years ago"—he said "Yes"—I told him he would be charged with receiving the whole of the property, well knowing it to be stolen—he made no answer to the charge.</p>
<hi rend="italic">Cross-examined.</hi> I recollect being at the Guildhall—the case of the china was not gone into there at all—the other cases were thoroughly gone into—Messrs. Defries were not at the Guildhall at the last examination, but they were on the previous one—I did not hear you say there that in fair play to the man they should go into the case—I was in Court at the time—I heard your application to the Bench.</p>
<hi rend="italic">Re-examined.</hi> It was stated in Court that Howe would be indicted for the china at this Session.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-125" type="witnessName">
<interp inst="t18761211-name-125" type="gender" value="male"/>
<interp inst="t18761211-name-125" type="surname" value="COHEN"/>
<interp inst="t18761211-name-125" type="given" value="MARK"/>MARK COHEN</persName> </hi>. I am a general dealer, carrying on business at White Street, Cutler Street—I recognise this smock as my property—I missed it, with other things, within the last three or four months—these six woolen mufflers were in my house nine months ago.</p>
<hi rend="italic">Cross-examined.</hi> The mufflers were bought last year—they were a job lot from Messrs. Bell, of Houndsditch—I do not know whether they are damaged Government property—I bought a great many more than what is here—I bought about 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. worth—I cannot read or write—I do not keep books—I bought upon a previous occasion of Mr. Bell a lot of mufflers and Cardigan jackets of a similar character to these—I have dealt with Mr. Bell for ten or twelve years—I buy and sell everything, secondhand and new, in the way of clothing, stockings, mufflers, shirts, &c.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-126" type="witnessName">
<interp inst="t18761211-name-126" type="gender" value="male"/>
<interp inst="t18761211-name-126" type="surname" value="BELL"/>
<interp inst="t18761211-name-126" type="given" value="EDWIN"/>EDWIN BELL</persName> </hi>. I am a wholesale clothier, at 8, Houndsditch—I identify twenty-two pairs of light stockings and nine pairs of blue—I have been missing them at intervals during the whole year—I have had three boys found with the goods on them, but did not bring them to Guildhall—the dark blue are imperfect—I always have them repaired before I send them out—I bought the dark ones at Deptford Dockyard, at the Government sale—this smock was sold to Mr. Cohen in a lot of odd soiled goods thrown out of stock—I do not remember how long ago.</p>
<hi rend="italic">Cross-examined.</hi> I am not in a very large way of business—I have two partners—I have four indoor assistants, and I daresay as many as fifty people outdoor—I purchased some 5,000 pairs of the light blue stockings at Pimlico—Messrs. Cooke purchased about 5,000 more—these purchases were made in October, 1875—I bought the dark blues at Deptford—they were sold by the Government auctioneer—I have not got the catalogue of the sales at that time—I have been in the habit of buying for myself for the last three years personally and ten years previously in conjunction with</p>
<xptr type="pageFacsimile" doc="187612110025"/>
<p>my father—I cannot say exactly—in my examination at the police-court I said I could not swear that I had purchased these particular stockings for the last year.</p>
<hi rend="italic">McCarthy.</hi> Let me see all the goods and I will show you what I stole and what I didn't. (
<hi rend="italic">The goods were handed to the Prisoner, who sorted them into two haps.</hi>) These (
<hi rend="italic">pointing to the larger heap of the two</hi>) I never stole at—when I made confession to Mr. Jacobs I did not know that all these goods were in Mr. Howe's house—these (
<hi rend="italic">pointing to the other heap</hi>) I have picked out are all I have sold.</p>
<hi rend="italic">The following Witnesses were called for the Defence:</hi> </p>
<hi rend="smallCaps">
<persName id="t18761211-name-127" type="witnessName">
<interp inst="t18761211-name-127" type="gender" value="male"/>
<interp inst="t18761211-name-127" type="surname" value="HOWE"/>
<interp inst="t18761211-name-127" type="given" value="JOHN"/>JOHN HOWE</persName> </hi>. I am son of the prisoner Howe—I live with him; I have lived in the same house for some considerable time—I have seen the different articles that have been produced to-day and also at the police-court—the name of my uncle, my mother's brother, was Patrick Foley—I recollect his coming. home from America on more than one occasion; I remember his coming three times—the last time he came home was about four years next summer—he used to deal in all kinds of articles; not one article in particular—I recollect seeing sheets, blankets, pillow cases, boots, stockings, comforters; all kinds of other articles in the drapery line which he used to take over to America—about four years ago he took some stock
<lb/>ings, comforters, sheets, blankets, pillow cases, and other articles—I saw these things packed up—he is dead now—he has not been over since that time—I have seen the sheets which were produced here to-day; they are marked with my father's name—I recognise those sheets as being in daily use in our house for the past three or four years—my father's name is in full upon some and his initials on others—the different articles, including the light and dark blue stockings, I have seen there about four years; since my uncle went away—my mother is dead now; she assisted my uncle in making purchases, to my knowledge—I never saw my uncle buy anything, as I used to stay at home—I have seen them brought home—I have seen the prisoner McCarthy in our house—there is a lad named Driscoll connected with my father, and I know that McCarthy and he were keeping company together—he was a friend of McCarthy's.</p>
<hi rend="italic">Cross-examined.</hi> The last time I saw McCarthy at my father's house was—he brought nothing with him—I have never known him bring anything to my father's house—I swear that—it was generally in the afternoon about evening when he came—he never came to see my father—I knew that my during the Jews' holidays; I can't say exactly; about two or three months ago father had some china in his house; it came from Defines; my uncle bought it—my uncle and my mother went to the sale about twelve years ago—I know they went, because I was in when they returned—I shall be twenty-one next September—when the china was bought I was about nine—it was brought in in baskets; I—was in the house when it came—I swear that the stockings were in my father's possession about four years ago—my mother bought some of them down Whitechapel Road, (
<hi rend="italic">stockings produced</hi>). I identify them—I can swear to them.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-128" type="witnessName">
<interp inst="t18761211-name-128" type="gender" value="male"/>
<interp inst="t18761211-name-128" type="surname" value="DAVIS"/>
<interp inst="t18761211-name-128" type="given" value="JOHN"/>JOHN DAVIS</persName> </hi> (
<hi rend="italic">City Detective</hi>). I have known the prisoner Howeforsome years; I recollect his brother-in-law coming from America on one occasion—I re
<lb/>collect him particularly, because he was taken to the station for making a disturbance; I never saw him in the possession of any property at any time—I do not recollect any bundles at all; I do not recollect seeing him one evening with some bundles; I do not recollect stopping him to see how he</p>
<xptr type="pageFacsimile" doc="187612110026"/>
<p>came by them. (
<hi rend="italic">The witness here asked leave to make a statement, which, was granted by the Court</hi>). On Thursday last, Howe came to my house, and said "Davis, of course, you have known me for years?"—I said "I have"—he said "I want you to do something for me"—I said "What is that?"—he said "I want you to go and say that my brother-in-law came home four years ago from South America, and that you stopped him with three bundles which were on the top of a cab, and that these bundles, when you stopped him, contained stockings, guernseys, scarves, and other things"—I said "Well, I don't see how I can say that"—he said "Very well, you will, perhaps, consider of it, and I will see you again"—on Sunday night last he came to my place about 9 o'clock; I live at 27, Red Cross Street, Cripplegate—he then said "If you will only say what I said to you the other night it will get me out of this trouble, and I'll make you a present of 5
<hi rend="italic">l</hi>." which he offered to me in a purse—I said "No; perhaps, you had better see me another time"—he said "Where will you make the appoint
<lb/>ment? anywhere you like?"—I said "Of course, I am not going to do anything to get myself into trouble to save you, but if you like, you can
<hi rend="italic">meet</hi> me at 10.30 to morrow in front of the Mansion House; he met me there, and asked me to go to the European public-house; he again offered me the purse—I communicated the circumstances to Mr. Carter, my in
<lb/>spector—yesterday afternoon Howe saw me again—he said "I wish you would come, those b——b——when they searched my place wasn't clever enough; I've got a stocking at home which they left behind when they were searching"—I then said "Will you wait a moment; I want to go to the back"—he followed me out, and again offered me this purse (
<hi rend="italic">producing purse</hi>)—I said "No, I won't take it"—we went into the bar again—he then said "You can get me out of trouble; this is a purse containing 5
<hi rend="italic">l</hi>. "and he asked me to try this gold ring on (
<hi rend="italic">producing ring</hi>)—"That fits you very nice," he said, "You can keep it till I ask you for it, and that will be a long time; wait a minute, and I will go and fetch the other things"—he brought back a stocking, and said "take this stocking"—I said "What is this for?"—he said "So as you will be able to swear to the other things"—I said "I suppose you want to get me into trouble, and get me five years for perjury"—he said "If you will get me out of this trouble, I will give you 10
<hi rend="italic">l</hi>. more."—I thought it was my duty to make this statement.</p>
<hi rend="smallCaps">
<rs id="t18761211-127-verdict-1" type="verdictDescription">
<interp inst="t18761211-127-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-127-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">McCARTHY</hi>
<hi rend="italic">
<rs id="t18761211-127-punishment-21" type="punishmentDescription">
<interp inst="t18761211-127-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-127-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-127-18761211 t18761211-127-punishment-21"/>Fifteen Months' Imprisonment.</rs> </hi> </p>
<hi rend="largeCaps">HOWE</hi>
<hi rend="italic">
<rs id="t18761211-127-punishment-22" type="punishmentDescription">
<interp inst="t18761211-127-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-127-punishment-22" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-127-18761211 t18761211-127-punishment-22"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18761211-128">
<interp inst="t18761211-128" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-128" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-128-charge-1" targOrder="Y" targets="def1-128-18761211 t18761211-128-offence-1 t18761211-128-verdict-1"/>
<persName id="def1-128-18761211" type="defendantName">
<interp inst="def1-128-18761211" type="gender" value="male"/>
<interp inst="def1-128-18761211" type="age" value="18"/>
<interp inst="def1-128-18761211" type="surname" value="VARY"/>
<interp inst="def1-128-18761211" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL VARY</hi> (18)</persName>
<rs id="t18761211-128-offence-1" type="offenceDescription">
<interp inst="t18761211-128-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18761211-128-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence upon
<persName id="t18761211-name-130" type="victimName">
<interp inst="t18761211-name-130" type="gender" value="male"/>
<interp inst="t18761211-name-130" type="surname" value="DOLPHIN"/>
<interp inst="t18761211-name-130" type="given" value="JONATHAN GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-128-offence-1 t18761211-name-130"/>Jonathan George Dolphin</persName>, and stealing a watch, his property.</rs> </p>
<hi rend="smallCaps">MR. A. B. KELLY</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. GILL</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18761211-name-131" type="witnessName">
<interp inst="t18761211-name-131" type="gender" value="male"/>
<interp inst="t18761211-name-131" type="surname" value="DOLPHIN"/>
<interp inst="t18761211-name-131" type="given" value="JONATHAN GEORGE"/>JONATHAN GEORGE DOLPHIN</persName> </hi>. I live in Charlton Street, Somer's Town—I was passing along the Thames Embankment on the night of the 23rd of November, between 11 and 12 o'clock—I had come from the Canterbury Music Hall; I came over the bridge on to the Embankment—on my way home, I met Vary and two females; they came up to me; one of the girls asked me if I would go home with her—I told her that I did not want to go home with her, I wanted to go to my own place—I told her to go away from me, or the first constable I came to I would give her in charge; she came up to me a second time—I told her again to go away or I should give her in charge; Vary came behind rue and knocked me down—when I was down I had a kick in the head; I was stunned—Vary kicked me—I re
<xptr type="pageFacsimile" doc="187612110027"/>
<p>the constable coming up; my eyes were blinded; I could just see it was a constable—I said "Take him in charge"—I walked to the police-station as well as I could—I asked for my cane, which was lost—I had a watch with me; my chain, I found, was hanging, and my watch gone—when I came to my senses, the chain was broken just on the crook—I did not have any words with Vary; I did not strike him—I said something to the girl, because I would not go home with her, and that was the commence
<lb/>ment of the row.</p>
<hi rend="italic">Cross-examined.</hi> I was coming from the Canterbury, I came over West
<lb/>minster Bridge, and then along the Embankment—I was going to my place in Charlton Street, that is the nearest way; I know it was between 11 and 12 o'clock—I did not speak to any woman before I went across the bridge—I was not in the Blackfriars Road, that night at all—I was at the Canterbury, by myself—I came across the bridge without speaking to anybody—the, girl that spoke to me in the Embankment, was not speaking to me before—I bad got down the Embankment, about half-way before I was spoken to—the girls were walking steadily along with Vary—they were all three very close together; I did not notice them before they spoke to me—I passed them; one of the girls came behind and touched me on the shoulder—in the course of a few yards they came up again, I told them I would give them in charge; one of the girls came up alone; she continued speaking for some minutes—when I stopped Vary and the other girl came up alongside—it was when the three came up together that the altercation took place—my cane was worth a 1
<hi rend="italic">l</hi>.; I did not strike Vary with it—I did not know he was behind me—when I was knocked down it was whisked away from me—. I lay senseless when a constable and a gentleman came—when I came to my senses I saw Vary and the girl standing by—I do not know what became of the other woman—as-soon as I came to my senses I cried out for! my cane—I charged Vary with assaulting, me, and throwing my Malacca cane away.</p>
<hi rend="italic">Re-examined.</hi> I fainted away at the police-station, for about an hour, or an hour and a quarter—there were two women and Vary—the woman that spoke to me had been in Vary's company before he came up to me—I saw both the women it his company before he came up to me.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-132" type="witnessName">
<interp inst="t18761211-name-132" type="gender" value="male"/>
<interp inst="t18761211-name-132" type="surname" value="HODGSON"/>
<interp inst="t18761211-name-132" type="given" value="HENRY"/>HENRY HODGSON</persName> </hi> (
<hi rend="italic">Policeman</hi> 243). I was on duty on the Thames Embankment, on the night of the 23rd of November, I heard the sound of a disturbance—I proceeded quickly; saw the prosecutor lying on the pave
<lb/>ment with his face downwards, and the prisoner standing over him—I seized Vary; Dolphin got up with a little help—I found his face was severely bruised and battered about—he charged Vary with knocking him down, kicking him, and taking his stick from him—I took Vary into custody and told Dolphin to come to the station;—I saw one woman with Vary, she followed to the station, but did not come in—when the charge was being taken the inspector asked for this woman, and when I went out
<lb/>side she was gone—while I was away Dolphin missed his watch.</p>
<hi rend="italic">Cross-examined.</hi> I saw no blow struck—when I first came up Dolphin was lying down; Vary was standing up—I saw only one woman—Dolphin charged Vary with assaulting him, and throwing his Malacca cane away—Vary remained there until I took him into custody—after I got up he had no means of making away with the cane or watch.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-133" type="witnessName">
<interp inst="t18761211-name-133" type="gender" value="male"/>
<interp inst="t18761211-name-133" type="surname" value="OMMANEY"/>
<interp inst="t18761211-name-133" type="given" value="HENRY"/>HENRY OMMANEY</persName> </hi>. I am a Justice of the Peace for Flint—I was on the Thames Embankment on the night of the 23rd of November—I' saw a</p>
<xptr type="pageFacsimile" doc="187612110028"/>
<p>scuffle; went up towards it; before I got up to them Dolphin rose and ran about the length of this court—Vary went up and knocked him down again—I did not see the first knock-down—Vary was kicking Dolphin so violently that it made me interfere—I helped to pull Vary off; another person came up; I do not know who he was; together we pulled him off—I only saw one woman.</p>
<hi rend="italic">Cross-examined.</hi> There was something said about a second woman—I did not see the beginning of it—I saw Dolphin on the ground—I saw him run the length of this court—I saw the prisoner run after him; he then struck Dolphin—there was one woman there the second time Dolphin was down—I saw no cane—the second time he was down I was closer to him.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-134" type="witnessName">
<interp inst="t18761211-name-134" type="gender" value="male"/>
<interp inst="t18761211-name-134" type="surname" value="DOLPHIN"/>
<interp inst="t18761211-name-134" type="given" value="JONATHAN GEORGE"/>JONATHAN GEORGE DOLPHIN</persName> </hi> (
<hi rend="italic">re-called</hi>). I should know the girl again who was standing by me—that is the one who touched me on the shoulder (
<hi rend="italic">pointing to Alice Mitchell, who was next called for the defence</hi>).</p>
<hi rend="smallCaps">
<persName id="t18761211-name-135" type="witnessName">
<interp inst="t18761211-name-135" type="gender" value="female"/>
<interp inst="t18761211-name-135" type="surname" value="MITCHELL"/>
<interp inst="t18761211-name-135" type="given" value="ALICE"/>ALICE MITCHELL</persName> </hi>. I live at 17, Barnes Place, Waterloo Road—on the night of the 25th November I was with Vary—I see the prosecutor here—he was in the Blackfriars Road, when I first saw him on that night—he had a lady with him—he was asking her to go into a coffee-shop to have a cup of tea—she would not go in; she said she had not got time; she had to go to Charing Cross to catch the last train for Lewisham—I heard her ask Vary to take Dolphin away from her—that was when he was trying to per
<lb/>suade her to go into the coffee-shop—Vary said "Have you anything to do with her?"—Dolphin replied "Yes; she is my wife"—the lady said "I have nothing to do with you; I only live in the same house that you are lodging at"—she asked me to show her the way to Charing Cross Railway Station—by that time we got on to the Embankment—Dolphin kept telling Vary to fight—Dolphin had a stick in his hand; he struck Vary in the face with it—they both then commenced fighting—I saw Vary taken into custody—I went up to the station—I could not see what became of the cane—the other woman went to show the lady the way to the Charing Cross Railway Station—when Dolphin was knocked down he fell on the kerb.</p>
<hi rend="italic">Cross-examined.</hi> There were two of us with Vary—the other woman went to show the lady the way to the Charing Cross Railway Station—she did not come back—I saw her on the Saturday after Vary was taken—I never saw her since—I asked her if she would come to give evidence—she said she would be sure to come—I am an unfortunate—I live in Barnes Place—I met Vary outside a coffee shop in the Blackfriars Road—we followed Dolphin because we could see there would be a fight—the lady asked Vary to show her the way to Charing Cross—me and my friend followed behind—Vary came to show her the way to Charing Cross—we came over Blackfriars Bridge—we got "as far as the Temple Station; the fight took place there—my friend was a young woman that I have only seen once since—I did not ask Dolphin to go anywhere with me—I did not see Dolphin get up and run along the Embankment—Vary did not knock him down a second time.</p>
<hi rend="italic">Re-examined.</hi> I asked the girl to come up and give evidence; that was to go to Bow Street—she was there the first Friday, but did not appear the next.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. Vary is not a friend of mine—he was a stranger to me when I met him on Blackfriars Bridge.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-136" type="witnessName">
<interp inst="t18761211-name-136" type="gender" value="male"/>
<interp inst="t18761211-name-136" type="surname" value="OMMANEY"/>
<interp inst="t18761211-name-136" type="given" value="HENRY"/>HENRY OMMANEY</persName> </hi> (
<hi rend="italic">re-called</hi>). The assault was at the foot of the stairs at the western end of the Temple Station.</p>
<hi rend="smallCaps">
<rs id="t18761211-128-verdict-1" type="verdictDescription">
<interp inst="t18761211-128-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-128-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18761211-128-punishment-23" type="punishmentDescription">
<interp inst="t18761211-128-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-128-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-128-18761211 t18761211-128-punishment-23"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18761211-129">
<interp inst="t18761211-129" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-129" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-129-charge-1" targOrder="Y" targets="def1-129-18761211 t18761211-129-offence-1 t18761211-129-verdict-1"/>
<xptr type="pageFacsimile" doc="187612110029"/>
<persName id="def1-129-18761211" type="defendantName">
<interp inst="def1-129-18761211" type="gender" value="male"/>
<interp inst="def1-129-18761211" type="age" value="27"/>
<interp inst="def1-129-18761211" type="surname" value="GREEN"/>
<interp inst="def1-129-18761211" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN GREEN</hi> (27)</persName>
<rs id="t18761211-129-offence-1" type="offenceDescription">
<interp inst="t18761211-129-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18761211-129-offence-1" type="offenceSubcategory" value="sodomy"/>, B—y with
<persName id="t18761211-name-138">
<interp inst="t18761211-name-138" type="gender" value="male"/>
<interp inst="t18761211-name-138" type="surname" value="RAISTRICK"/>
<interp inst="t18761211-name-138" type="given" value="JONAS EDWARD"/>Jonas Edward Raistrick</persName>."</rs> </p>
<hi rend="smallCaps">MR. MEAD</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. J. P. GRAIN</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18761211-129-verdict-1" type="verdictDescription">
<interp inst="t18761211-129-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18761211-129-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">FOURTH COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 13
<hi rend="italic">th</hi> 1876.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18761211-130">
<interp inst="t18761211-130" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-130" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-130-charge-1" targOrder="Y" targets="def1-130-18761211 t18761211-130-offence-1 t18761211-130-verdict-1"/>
<persName id="def1-130-18761211" type="defendantName">
<interp inst="def1-130-18761211" type="gender" value="female"/>
<interp inst="def1-130-18761211" type="age" value="20"/>
<interp inst="def1-130-18761211" type="surname" value="MILLER"/>
<interp inst="def1-130-18761211" type="given" value="SARAH"/>
<hi rend="largeCaps">SARAH MILLER</hi> (20)</persName>
<rs id="t18761211-130-offence-1" type="offenceDescription">
<interp inst="t18761211-130-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18761211-130-offence-1" type="offenceSubcategory" value="infanticide"/>, Feloniously killing and slaying her infant child.</rs> </p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="italic">The particulars of this case were unfit for publication.</hi> </p>
<rs id="t18761211-130-verdict-1" type="verdictDescription">
<interp inst="t18761211-130-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-130-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi></rs>
<rs id="t18761211-130-punishment-24" type="punishmentDescription">
<interp inst="t18761211-130-punishment-24" type="punishmentCategory" value="noPunish"/>
<interp inst="t18761211-130-punishment-24" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-130-18761211 t18761211-130-punishment-24"/>
<hi rend="italic">Judgment respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18761211-131">
<interp inst="t18761211-131" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-131" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-131-charge-1" targOrder="Y" targets="def1-131-18761211 t18761211-131-offence-1 t18761211-131-verdict-1"/>
<persName id="def1-131-18761211" type="defendantName">
<interp inst="def1-131-18761211" type="gender" value="male"/>
<interp inst="def1-131-18761211" type="age" value="37"/>
<interp inst="def1-131-18761211" type="surname" value="TURVEY"/>
<interp inst="def1-131-18761211" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY TURVEY</hi> (37)</persName>
<rs id="t18761211-131-offence-1" type="offenceDescription">
<interp inst="t18761211-131-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t18761211-131-offence-1" type="offenceSubcategory" value="arson"/>, Feloniously setting fire to a carpet in the dwelling-house of
<persName id="t18761211-name-141" type="victimName">
<interp inst="t18761211-name-141" type="gender" value="male"/>
<interp inst="t18761211-name-141" type="surname" value="CLEMENTS"/>
<interp inst="t18761211-name-141" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-131-offence-1 t18761211-name-141"/>George Clements</persName>, with intent to injure.</rs> </p>
<hi rend="smallCaps">MESSRS. RIBTON</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">GILL</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18761211-name-142" type="witnessName">
<interp inst="t18761211-name-142" type="gender" value="male"/>
<interp inst="t18761211-name-142" type="surname" value="CLEMENTS"/>
<interp inst="t18761211-name-142" type="given" value="GEORGE"/>GEORGE CLEMENTS</persName> </hi>. I am a boat-builder, of 17, Love Lane—the prisoner was a lodger in my house—I remember his coming home last Saturday night, at about 8 o'clock, the worse for drink—he came into the kitchen, and began abusing his wife—he threatened her, and wanted her to go up
<lb/>stairs, and made a kick at her—I asked him to go upstairs to bed, and fol
<lb/>lowed him—he said to his wife "I will let your b——y guts out; you have put somebody on to me; I will set the b——y house on fire," and he took the lamp, which was burning, off the table and smashed it into the fire
<lb/>place—the oil flew all about the place, and lighted directly the lamp was broke—I went into the room to put it out, and he up with the shovel and said "I will dash your b——y brains out if you don't go out of my room"—I went for a policeman, and brought him upstairs, and we extinguished the fire—prisoner was in the act of trying to put it out or beat it out with some
<lb/>thing in his hand (I am not sure whether it was his cap or what it was) when the policeman came into the room.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> Nobody was in the room besides you and myself—the person you refer to, named Tebbs, was called as a witness.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. He has a daughter about eighteen, who is blind and paralysed.
<hi rend="italic">Prisoner.</hi> She came out.
<hi rend="italic">Witness.</hi> She is not able to get up, only on her hands and knees.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-143" type="witnessName">
<interp inst="t18761211-name-143" type="gender" value="male"/>
<interp inst="t18761211-name-143" type="surname" value="GREEN"/>
<interp inst="t18761211-name-143" type="given" value="GEORGE"/>GEORGE GREEN</persName> </hi> (
<hi rend="italic">Policeman K</hi> 659). At about 2 o'clock on Saturday morning I was called to the house in question, where I saw the prisoner—the hearthrug was on fire—I took him into custody—I told him the charge, and he said he had broken the lamp into the fire.</p>
<hi rend="italic">Prisoner's Defence.</hi> I never opened my mouth to you. I have one child blind and paralysed. There is a person who sleeps with her. I own I had a little drop to drink, but had no intention of setting the place on fire. I took the lamp off the table to put it on the mantel-piece. My wife wouldn't come up, and this woman who sleeps with my daughter came up and struck me in the mouth and said "You don't pay for my drink," and knocked the lamp out of my hand. I cannot say whether accidentally. I never said "I will set the b——y house on fire."</p>
<hi rend="smallCaps">
<persName id="t18761211-name-144" type="witnessName">
<interp inst="t18761211-name-144" type="gender" value="male"/>
<interp inst="t18761211-name-144" type="surname" value="GREEN"/>
<interp inst="t18761211-name-144" type="given" value="GEORGE"/>GEORGE GREEN</persName> </hi> (
<hi rend="italic">re-called</hi>). He was very drunk, and seemed like a mad
<lb/>man—he got more sober as I took him to the station.</p>
<hi rend="smallCaps">
<rs id="t18761211-131-verdict-1" type="verdictDescription">
<interp inst="t18761211-131-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-131-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18761211-131-punishment-25" type="punishmentDescription">
<interp inst="t18761211-131-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-131-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-131-18761211 t18761211-131-punishment-25"/>Four Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18761211-132">
<interp inst="t18761211-132" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-132" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-132-charge-1" targOrder="Y" targets="def1-132-18761211 t18761211-132-offence-1 t18761211-132-verdict-1"/>
<persName id="def1-132-18761211" type="defendantName">
<interp inst="def1-132-18761211" type="gender" value="male"/>
<interp inst="def1-132-18761211" type="age" value="43"/>
<interp inst="def1-132-18761211" type="surname" value="DUDGEON"/>
<interp inst="def1-132-18761211" type="given" value="JAMES HEPBURN"/>
<hi rend="largeCaps">JAMES HEPBURN DUDGEON</hi> (43)</persName>
<rs id="t18761211-132-offence-1" type="offenceDescription">
<interp inst="t18761211-132-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18761211-132-offence-1" type="offenceSubcategory" value="forgery"/>
<hi rend="smallCaps">
<rs id="t18761211-132-verdict-1" type="verdictDescription">
<interp inst="t18761211-132-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-132-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to feloni
<lb/>ously forging and uttering an acceptance of a bill of exchange for the pay
<lb/>ment of 50
<hi rend="italic">l</hi>., with intent to defraud</rs>
<hi rend="italic">
<rs id="t18761211-132-punishment-26" type="punishmentDescription">
<interp inst="t18761211-132-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-132-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-132-18761211 t18761211-132-punishment-26"/>Eight Months' Imprisonment.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18761211-133">
<interp inst="t18761211-133" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-133" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-133-charge-1" targOrder="Y" targets="def1-133-18761211 t18761211-133-offence-1 t18761211-133-verdict-1"/>
<xptr type="pageFacsimile" doc="187612110030"/>
<persName id="def1-133-18761211" type="defendantName">
<interp inst="def1-133-18761211" type="gender" value="male"/>
<interp inst="def1-133-18761211" type="age" value="52"/>
<interp inst="def1-133-18761211" type="surname" value="SMITH"/>
<interp inst="def1-133-18761211" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM SMITH</hi> (52)</persName>
<rs id="t18761211-133-offence-1" type="offenceDescription">
<interp inst="t18761211-133-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18761211-133-offence-1" type="offenceSubcategory" value="pocketpicking"/>, to stealing a watch of
<persName id="t18761211-name-147" type="victimName">
<interp inst="t18761211-name-147" type="gender" value="male"/>
<interp inst="t18761211-name-147" type="surname" value="CAESAR"/>
<interp inst="t18761211-name-147" type="given" value="ARTHUR"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-133-offence-1 t18761211-name-147"/>Arthur Caesar</persName> from his person—</rs>
<rs id="t18761211-133-punishment-27" type="punishmentDescription">
<interp inst="t18761211-133-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-133-punishment-27" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-133-18761211 t18761211-133-punishment-27"/>
<hi rend="italic">Twelve Months' Imprisonment.</hi> </rs>
<rs id="t18761211-133-verdict-1" type="verdictDescription">
<interp inst="t18761211-133-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-133-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday</hi> 13
<hi rend="italic">th, and Thursday</hi> 14
<hi rend="italic">th December</hi>, 1876.</p>
<hi rend="italic">Before Mr. Justice Field.</hi> </p>
<div1 type="trialAccount" id="t18761211-134">
<interp inst="t18761211-134" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-134" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-134-charge-1" targOrder="Y" targets="def1-134-18761211 t18761211-134-offence-1 t18761211-134-verdict-1"/>
<persName id="def1-134-18761211" type="defendantName">
<interp inst="def1-134-18761211" type="gender" value="male"/>
<interp inst="def1-134-18761211" type="age" value="31"/>
<interp inst="def1-134-18761211" type="surname" value="KEATING"/>
<interp inst="def1-134-18761211" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN KEATING</hi> (31)</persName>
<rs id="t18761211-134-offence-1" type="offenceDescription">
<interp inst="t18761211-134-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18761211-134-offence-1" type="offenceSubcategory" value="manslaughter"/>, was charged on the Coroner's inquisition with feloniously killing and slaying
<persName id="t18761211-name-149" type="victimName">
<interp inst="t18761211-name-149" type="gender" value="female"/>
<interp inst="t18761211-name-149" type="surname" value="PARRY"/>
<interp inst="t18761211-name-149" type="given" value="ELLEN"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-134-offence-1 t18761211-name-149"/>Ellen Parry</persName>.</rs> </p>
<hi rend="italic">The Grand Jury having ignored the Bill</hi>,
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BEASLEY</hi>
<hi rend="italic">for the Prosecution offered no evidence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18761211-134-verdict-1" type="verdictDescription">
<interp inst="t18761211-134-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18761211-134-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18761211-135">
<interp inst="t18761211-135" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-135" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-135-charge-1" targOrder="Y" targets="def1-135-18761211 t18761211-135-offence-1 t18761211-135-verdict-1"/>
<join result="criminalCharge" id="t18761211-135-charge-2" targOrder="Y" targets="def2-135-18761211 t18761211-135-offence-1 t18761211-135-verdict-1"/>
<join result="criminalCharge" id="t18761211-135-charge-3" targOrder="Y" targets="def3-135-18761211 t18761211-135-offence-1 t18761211-135-verdict-1"/>
<join result="criminalCharge" id="t18761211-135-charge-4" targOrder="Y" targets="def4-135-18761211 t18761211-135-offence-1 t18761211-135-verdict-2"/>
<join result="criminalCharge" id="t18761211-135-charge-5" targOrder="Y" targets="def5-135-18761211 t18761211-135-offence-1 t18761211-135-verdict-1"/>
<persName id="def1-135-18761211" type="defendantName">
<interp inst="def1-135-18761211" type="gender" value="male"/>
<interp inst="def1-135-18761211" type="age" value="20"/>
<interp inst="def1-135-18761211" type="surname" value="CONWAY"/>
<interp inst="def1-135-18761211" type="given" value="MICHAEL"/>
<interp inst="def1-135-18761211" type="occupation" value="soldier"/>
<hi rend="largeCaps">MICHAEL CONWAY</hi>,
<hi rend="italic">a soldier</hi>, (20),</persName>
<persName id="def2-135-18761211" type="defendantName">
<interp inst="def2-135-18761211" type="gender" value="male"/>
<interp inst="def2-135-18761211" type="age" value="26"/>
<interp inst="def2-135-18761211" type="surname" value="KENDRICK"/>
<interp inst="def2-135-18761211" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT KENDRICK</hi> (26)</persName>,
<persName id="def3-135-18761211" type="defendantName">
<interp inst="def3-135-18761211" type="gender" value="male"/>
<interp inst="def3-135-18761211" type="age" value="25"/>
<interp inst="def3-135-18761211" type="surname" value="COGAN"/>
<interp inst="def3-135-18761211" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY COGAN</hi> (25)</persName>,
<persName id="def4-135-18761211" type="defendantName">
<interp inst="def4-135-18761211" type="gender" value="male"/>
<interp inst="def4-135-18761211" type="age" value="23"/>
<interp inst="def4-135-18761211" type="surname" value="COOK"/>
<interp inst="def4-135-18761211" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD COOK</hi> (23)</persName>,
<hi rend="italic">and</hi>
<persName id="def5-135-18761211" type="defendantName">
<interp inst="def5-135-18761211" type="gender" value="male"/>
<interp inst="def5-135-18761211" type="age" value="21"/>
<interp inst="def5-135-18761211" type="surname" value="COSGROVE"/>
<interp inst="def5-135-18761211" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN COSGROVE</hi> (21)</persName>,
<rs id="t18761211-135-offence-1" type="offenceDescription">
<interp inst="t18761211-135-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18761211-135-offence-1" type="offenceSubcategory" value="wounding"/>Feloniously cutting and wounding
<persName id="t18761211-name-155" type="victimName">
<interp inst="t18761211-name-155" type="gender" value="male"/>
<interp inst="t18761211-name-155" type="surname" value="LAMBERT"/>
<interp inst="t18761211-name-155" type="given" value="EDWARD"/>
<interp inst="t18761211-name-155" type="occupation" value="police constable"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-135-offence-1 t18761211-name-155"/>Edward Lambert</persName>, a police-constable, in the execution of his duty, with intent to do him some grievous bodily harm.
<hi rend="italic">Other Counts</hi>—To prevent the lawful apprehension of the said Michael Conway.</rs> </p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BEASLEY</hi>
<hi rend="italic">conducted the Prosecution;</hi>
<hi rend="smallCaps">MR. M. WILLIAM</hi>
<hi rend="italic">appeared for Conway and Cogan;</hi>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">for Kendrick;</hi>
<hi rend="smallCaps">MESSRS. COLE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">PURCELL</hi>
<hi rend="italic">for Cook; and</hi>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">for Cosgrove.</hi> </p>
<hi rend="smallCaps">
<persName id="t18761211-name-156" type="witnessName">
<interp inst="t18761211-name-156" type="gender" value="male"/>
<interp inst="t18761211-name-156" type="surname" value="LAMBERT"/>
<interp inst="t18761211-name-156" type="given" value="EDWARD"/>EDWARD LAMBERT</persName> </hi> (
<hi rend="italic">Police-Sergeant Y</hi>). On Saturday night, 21st October, I was on duty with Kew in the Holloway Road, near the Derby Arms; we were both in uniform—12 o'clock is the closing hour, and a number of people turned out—about 12.5 a woman spoke to me, in consequence of which I went to a crowd of from thirty to fifty people, outside the Derby Arms, which was mostly composed of men; they were quarrelling and swearing as if they were going to commence a fight—I said "Now, my lads, clear away, it is Sunday morning"—one of the men in the crowd said "You cannot take two"—I said "I don't want to take any, clear away, it is Sunday morning," and the prisoner Conway, who was in the centre of the crowd, struck me a violent blow on my left cheek with his clenched fist, saying "You b——take that"—he had his soldier's grey coat on, and a Scotch cap on his head—he was in the act of striking me again when I seized hold of him, and Kew caught hold of him at the same time—he kicked, and turning to the crowd, said "Let the s—'s have it," and I was struck three violent blows on the helmet with something heavy, which broke my helmet, and I fell with Conway while still holding him—I saw Kew struck, and I believe it was by Cogan and Ken
<lb/>drick—we had a very severe struggle on the ground, and Kew was wrested away from us—I got up and was thrown a number of times by Conway, and when I got up the last time I saw Kew in the act of falling on his back in the road—soon afterwards and before I got up I saw Cogan coming towards me with Kew's truncheon in his hand—I had previously heard Kew holloa out "For God's sake have mercy, don't kick me"—Kew shouted out "Look out, they have got my stick"—I drew my truncheon, and Cogan came towards me—I said to him "You scamp" or scoundrel "give me that," and he threw it at his head; it caught against the front of the public-house and rebounded into the road, and as I stooped to pick it up, Conway wrestled himself from my grasp—I picked it up and followed him, he was crossing the road, and as I rushed to get hold of him two men tried to prevent me; I pushed them away and caught hold of him again; he caught hold of Kew's broken truncheon and took it out of my hand, struck me two violent blows on the head with it, felled me to</p>
<xptr type="pageFacsimile" doc="187612110031"/>
<p>the ground, and cut my helmet in two—this is my helmet, and this is the the truncheon (
<hi rend="italic">produced</hi>) it was split like this when I was struck with it, which made it sharp—my helmet was very tight on my head, but it fell off—it was afterwards brought to the station—while I was on the ground Conway kicked me twice on my mouth, saying "Kick the b——s—;" I could tell it was him by his long coat; and I was kicked all. over my body and on my face—three of my teeth were broken off, and my lip was cut in two places and was bleeding—others kicked me—Conway stood in front of me and the others around me—I received a kick on my cheek from Conway which cut it open slightly, but I had put my arms round my head after being kicked on the mouth, which prevented the violence of the blows—I was assisted from the ground by somebody in the crowd; I drew my truncheon and struck Conway on the centre of the head as hard as I could and he fell—I had not used my truncheon before that—Cook stepped up immediately and struck me two violent blows under the left ear with his clenched fist, saying "You b——, take that," and I rushed at him and pushed him over—a man came up on the right and struck me—the crowd formed round me and several men caught hold of me and held me—some one shouted out "Run, soldier, run"—I got away from the men who were holding me and went after Conway, who had run down St. George's Road, which leads out of the Holloway Road, nearly opposite the Derby Arms—I saw Bailey, 448
<hi rend="italic">Y</hi>, and said "I have lost my prisoner, a soldier"—he and Heasnan joined me and we followed them down St. George's Road and found Conway standing in an iron gateway with a woman—I caught hold of him and Heasman or Bailey said "You will 'have to go the station with us, you had better come quietly"—he said "No, you s——s, I will kill you first"—a very large crowd of violent roughs came up, headed by Cogan and Ken
<lb/>drick; they seemed to be led by them—they surrounded us, and Cogan said "Don't let them take him away"—I said "No, he will go with us, you had better go quietly"—Cogan used a number of threats and said that we should never take him—a number of bricks and stones were thrown at us by the crowd, some of them surrounded us and kicked and struck us where
<lb/>ever they could—we all had our truncheons out—I saw Kendrick throw half a brick—Cogan, who was close to me, said "Knife the b——s," and I received a blow in the back, I do not know from whom, but my coat seemed to be pulled off my back by the blow, it pulled me downwards, but not on to the ground—we were all holding Conway—Cogan went up to Bailey and said "Leave go, I will strangle you," and caught him round the neck—the crowd came rushing in and kicked and struck us wherever they could—constables in plain clothes and uniform came up and I saw Sergeant Gould and Escott—this is my coat (
<hi rend="italic">produced</hi>), it appears to have a cut behind—we carried Conway face downwards to the Caledonian Road "station; he was very violent all the way—two working men said "You look done up, governor, we will assist you"—they did so, and when I got to the station I fell down in a sort of fainting fit and was attended to by the doctor, and sent home in a cab—I saw Cosgrove in the crowd; I did not remember him at the police-court, I remembered him when I had given my evidence, and before the charge was over; I remembered when it was called to my mind by one of the witnesses, my being kicked, and I turned round and said "You had better not kick me again;" I remember his face as being the one who was behind me when I turned round after being kicked; he was the nearest to me, he seemed to be in the act of kicking me again, and I threatened him,</p>
<xptr type="pageFacsimile" doc="187612110032"/>
<p>with my truncheon—when I recovered at 1.30 I saw Conway and Kendrick at the station; I don't know how Kendrick came there—I have been attended by a surgeon ever since—I was in bed nineteen days and have been suffer
<lb/>ing ever since from severe pain down the centre of my back and from injury inside; I am unable to do my duty and was unable to attend one of the examinations—I did not know Conway or Cogan before; I knew Kendrick by name and by sight—I had known Cook a long time by sight previously and I think I had seen Cosgrove, but I will not be sure—I have heard that Conway and Cogan are brothers—on 11th November Cook was brought to my house by Lewis, a detective, who said "Look at this man"—I said "Yes, that is right, he is the man who struck me twice in the Holloway Road"—Cook put his hands together and said "For God's sake, don't say that, governor, I was at Blackwall"—Lewis said "Do you feel sure?"—I said "I am quite sure, I have no doubt about it," and he took him away.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. The crowd was not outside the public-house which had just closed, but at a beer-shop 20 or 30 yards off; they were quarrelling and swearing—I think it was Cogan who said "You can't take two," but I will not swear it—I have not been asked that before, and I did not say so when Cogan was before the Magistrate—Conway struck me a violent blow in the face without any provocation whatever; that was the commencement of it—he had not been struck then—I saw Cogan before his brother was on the ground—I first saw Cogan when Conway appealed to the crowd, and said "Give it to the s——s; let the s——s have it"—that was after I had caught hold of Conway—I did not hear Cogan say "Let my brother go away," but later on, in St. George's Road, he said "Let me take my brother away"—I did not say "Stand back;" that was not said at ail—Kew did not use his staff at all in my sight, but I used mine; we all used our staves to keep the crowd off—I saw staves used, and felt them—three of us drew our staves in St. George's Road; myself, Eveland, mi Bailey—this coat was produced before the Magistrate with the cut in it—I did not see the face of the person who kicked me in the mouth, but I saw his legs, and the red stripe down his trousers, and his great coat—I know that Conway belongs to the 77th Regiment—the man who said "You cannot take two," had a white billycock on, and that is my reason for thinking it was Cogan—when I saw him afterwards he was stripped and had turned up his shirt sleeves; he had no hat, coat, or waistcoat on then—I never saw Cogan with anything on his head after the commencement of the affair.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>. I saw Kendrick in the crowd directly I got up, and before Conway was in custody, but he did not do any
<lb/>thing till I had got hold of Conway—I am not able to say that Kendrick struck me—I saw him in the crowd of thirty or forty people, and afterwards in St. George's Road—I was knocked down by Conway, and could not get up; I was kicked immediately I fell, and did not retain my hold of Conway; the blow seemed to take all power from me—somebody, I cannot say who, assisted me up; I then recaptured Conway, and after that, from fifty to 100 roughs came up, led by Cogan and Kendrick—they followed me
<hi rend="italic">down</hi> St. George's Road immediately—Cogan and Kendrick seemed to be inviting them to come on—some one in the crowd said "He is by himself; we will give it him now"—I think it was half a brick which was thrown in St. George's Road, it looked like it; I saw it come from Kendrick's hand; he was 5, 7, or 10 yards from me, and I saw his face close under a lamp—I was struck on the head by a number of stones or bricks, that was when we had caught hold of the soldier, and a number of threats had been used.</p>
<xptr type="pageFacsimile" doc="187612110033"/>
<hi rend="italic">Re-examined.</hi> I afterwards saw a white billycock in Cogan's possession at the station—I have no doubt about Cogan being the man who said "You' can't take two"—I feel sure in my own mind, but I have not sworn so.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-157" type="witnessName">
<interp inst="t18761211-name-157" type="gender" value="male"/>
<interp inst="t18761211-name-157" type="surname" value="KEW"/>
<interp inst="t18761211-name-157" type="given" value="JAMES"/>JAMES KEW</persName> </hi> (
<hi rend="italic">Policeman Y</hi> 196). On Saturday night, 21st October, I was with Lambert in the Holloway Road, in uniform—a woman spoke to us, and from what she said I went to the Derby Arms—the Pied Bull is on the left of the Holloway Road coming from the Archway, and is nearer London—St. George's Road is on the opposite side of the road, opposite the Derby Arms—it was then about 12 o'clock, and the Pied Bull was shut up—about forty or fifty people seemed to be arguing together, and swearing, and causing a disturbance, and Lambert said "Now, my lads, see about clearing away here"—some one in the crowd said "You can't take two, you b——"—Lambert said "We don't want to take any of you; we want you to clear away home"—Conway then struck Lambert in the face with his fist, saying "Take that, you b——"—we then made an attempt to take him into cus
<lb/>tody, and be struck me a violent blow with his fist under the right cheek
<lb/>bone, which made it swell, and it was very painful—I then received a kick on the bottom part of my body from Cogan; I saw him do it, and he kicked me from the footway into the road—I kept hold of Conway; I pulled him and Lambert with me into the road by the force of the kick—I then received a very heavy kick from Kendrick on the left hip bone, which caused great pain, and caused me to walk lame for over a week afterwards—I was then kicked by Cogan in the middle of my stomach, and cried out "For God's sake don't kick me again; let me get up"—Conway, Lambert, and I, were then on the ground; we were kicked there—I got on my knees, and tried to pull Conway off of Sergeant Lambert, but Cogan took hold of me, with one hand in my belt and the other in my throat, and with several other men I was dragged on to the tram road; they threw me down, and I received a kick in the middle of my stomach from Kendrick, who then ran away with Cogan to where Lambert was, 10 or 15 yards off—I got up, and two more men came at me—I threw them down into the road as fast as they came at me, and Cogan and several other men then came at me, and we had a desperate struggle for my truncheon—I had not drawn it; it was still in the case—Cogan at last got it out, and one of the leathers of my belt was broken in the struggle—I received three stabs, and on looking at my belt there are three cuts in it—I was then thrown down into the tram road, and Cogan came at me with my truncheon in his hand, and gave me a running kick in the pit of my stomach, which kicked the breath very nearly out of my body, and I had to struggle to get my breath again—he said "Kill the b——; kill the s——s"—I got up as well as I could, and saw him going across to where Lambert was, and said "Look out, for God's sake; he has got the stick," meaning the truncheon, and pulled my rattle out and went towards him—Cogan then came to me with the truncheon in his hade and made a blow at me; I placed the rattle up, and he knocked it out of my hand, breaking the tongue of it and bending the pin—I picked it up and went at him again with it, and he came at me again with the truncheon and gave me a tremendous blow on the head, breaking the truncheon in two and splitting a piece off it, as it appears now—my head was cut open, the blood. spurted out, and I became insensible—I was not wearing my helmet the n; I hardly know where it was; I saw it afterwards at the station—I came to my recollection in the Pied Bull, where the divisional surgeon attended 'me after my head was sewn up I was taken to the station, where I saw Conway</p>
<xptr type="pageFacsimile" doc="187612110034"/>
<p>and Kendrick in custody—I was taken home in a cab and attended by a surgeon—I was seriously ruptured—I was unable to leave my bed for three days, and was unable to give evidence till November 13th—I am still unfit for duty—I believe it was the last kick from Cogan in the pit of my stomach which ruptured me—I did not see Cooke or Cosgrove there—I have known Kendrick about two years.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. I could not see the man who said "You can't take two"—I was then standing next to Lambert, so that we both had the same opportunity of seeing—the first time I saw Cogan was when he came behind me and kicked me—that was after Lambert had got hold of Conway, not a minute I should think after Conway had struck the first blow—I was sideways to Cogan when he kicked me—a good many people were round us then, and the crowd was very violent independent of these people; they all seemed as if they wanted to take a part in it—I did not hear Cogan say "Let my brother go."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>. All I say about Kendrick, is that I received a kick from him on the left hip; I was on the ground then, and several of the others were round me—I did not know any of them, but I knew Kendrick—I mean to say that I can tell the person who kicked me when I was lying down—that is all I saw of Kendrich.</p>
<hi rend="italic">Re-examined.</hi> Kendrick kicked me twice, the second time was on my stomach affer I was thrown down.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-158" type="witnessName">
<interp inst="t18761211-name-158" type="gender" value="male"/>
<interp inst="t18761211-name-158" type="surname" value="BAILEY"/>
<interp inst="t18761211-name-158" type="given" value="JAMES"/>JAMES BAILEY</persName> </hi> (
<hi rend="italic">Policeman Y</hi> 448). I was on duty in the Hollo way Road, about 12.30, and a woman strike to me—I saw Lambert there—I then went up St. George's Road, and saw Conway turn into, a gateway—I went up to him, caught hold of his collar and said "You must come with me to the station, you have been assaulting Sergeant Lambert"—he then kicked me violently on the legs and hips—Easman came up directly afterwards, and I saw him stoop by Conway's side; I did not see what he picked up, but I afterwards saw a broken staff in his hands—Cogan then came up and said "That is my brother, leave go of him"—I said "I shall not leave go of him"—he then clasped me round my neck with both hands, and said "You b——, if you don't let me go I'll strangle you"—I let go of Conway, he threatened me very much and I struck him across the shoulder with my truncheon—Cogan then let go of me and stepped back among the crowd and said "You b——if you come anywhere near me again I'll stab you"—he drew a knife from his pocket and came up towards me; it was open—I turned my head and saw Escott coming up and cried out to him "
<hi rend="italic">Sam, Sam</hi>, come and help me, they are going to kill me"—Escott came up and hit Cogan with his staff, I believe; I cannot say where, but the blow felled him to the ground—Escott was in plain clothes; I did not see any more of Cogan till I apprehended him—I then went to Conway and helped to take him to the station—I received two more kicks from him as I went along, and it was with great difficulty we got him to the station—I went with Witham at 4 o'clock, and took Cogan in the Essex Road; I recognised him, as the man who drew the knife, immediately I saw him—I was injured on my right knee which was very painful for two days—I could hardly move my leg—I was in uniform.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. When I called out to Escott, 200 or 300 people were round me—I did not say at the hospital "I know nothing about Cogan"—after Escott said "He is the man;" I said "He is man is the man right enough"—Witham and a nurse were also present—</p>
<xptr type="pageFacsimile" doc="187612110035"/>
<p>I said going from Cogan's house to the station "That is the man, I know enough against him;" not "I knew
<hi rend="italic">nothing</hi> against him.</p>
<hi rend="italic">Re-examined.</hi> I knew then that he was the man, and he was taken to the hospital where Escott was.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-159" type="witnessName">
<interp inst="t18761211-name-159" type="gender" value="male"/>
<interp inst="t18761211-name-159" type="surname" value="EASTMAN"/>
<interp inst="t18761211-name-159" type="given" value="SAMUEL"/>SAMUEL EASTMAN</persName> </hi> (
<hi rend="italic">Policeman Y R</hi> 19). On Sunday morning, 22nd October, I was on duty in uniform, near St. George's Road; some people spoke to me, and I saw Sergeant Lambert in the Holloway Road, with a large crowd following him—he said "Catch that soldier"—I could not see a soldier then, but I went up St. George's Road, and saw Conway standing in a gateway—Bailey caught hold of him and said that he would have to go to the station for assaulting a police-sergeant—Conway at that time dropped something behind him, and I stooped and picked up this broken truncheon—Bailey and I then took hold of Conway, and as we were taking him to the station he threw himself down and commenced kicking and fighting, and trying very hard to get away—Cogan was standing in the road with a large crowd of persons, who threw themselves on us and tried to get him away—the crowd threw a large number of stones at us, and Cogan came up to us and said "That is my brother, you b——s, if you use him foul I will knife you"—other persons with him called out "Knife the b——s"—one of the stones struck me a very heavy blow on the head; I was very nearly stunned by it—Escott came up in plain clothes and Gould in uniform, and Taylor and two or three other constables, who assisted us, as Lambert and Bailey were exhausted—I afterwards saw Escott being helped to the station—I can only speak to Cogan and Conway as doing anything.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. A. METCALFE</hi>. Cogan did not come up under the archway, but in the road—a great many other people came up with him, shouting out "Let him go."</p>
<hi rend="smallCaps">
<persName id="t18761211-name-160" type="witnessName">
<interp inst="t18761211-name-160" type="gender" value="male"/>
<interp inst="t18761211-name-160" type="surname" value="GOULD"/>
<interp inst="t18761211-name-160" type="given" value="EDWIN"/>EDWIN GOULD</persName> </hi> (
<hi rend="italic">Police-sergeant Y</hi>). I was at the station when two broken helmets were brought in, and in consequence of what I heard I went to St. George's Road, where I saw Conway in the custody of Lambert and Eastman, and another, struggling very violently and without a hat—I did not see Cogan then, but while assisting in keeping the crowd off the officers who had Conway in custody, I received a sharp blow on the back of my head from somebody, and found blood running down my neck, and immediately afterwards I saw Cogan standing in the crowd without a coat or a hat, and with his shirt sleeves turned up—the blow cut my helmet through and cut my head—he then came towards me, and I saw a knife in his left hand; that was directly after I was cut—he changed the knife from his left to his right hand—I receded from him, but he still followed me, saying "You b——, I will give you this," holding the knife out in a threatening attitude—I drew my truncheon and struck him on the head—immediately after that I was thrown to the ground by the crowd, and while on the ground I was kicked—when I got up Taylor, who was struggling with Kendrick, said "This is the man who struck you on the head with a stone, sergeant"—Kendrick said nothing to that—I took one side of him, and we got him. to the station—there were 150 to 200 people about—I did not see either of the other prisoners.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COOPER</hi>. I had not known Kendrick before—I was on the ground, and numbers were round me—I was not incensed, but I did not like the treatment—I had been ill-treated before that, by' being struck on the head with a stone—I heard Taylor speak distinctly;</p>
<xptr type="pageFacsimile" doc="187612110036"/>
<p>he was standing over Kendrick, who was on the ground—there was a lamp 20 yards off on one of the cottages.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. A. METCALFE</hi>. When Cogan said "I will give you this," he changed the knife to his right hand, and held it up in this position, but he did not strike me a distinct blow—I am certain I saw the blade of a knife projecting 3 inches from his right hand, and also from his left.</p>
<hi rend="italic">Re-examined.</hi> Kendrick was taken in custody directly—Lambert had hold of him, and he was taken to the station.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-161" type="witnessName">
<interp inst="t18761211-name-161" type="gender" value="male"/>
<interp inst="t18761211-name-161" type="surname" value="TAYLOR"/>
<interp inst="t18761211-name-161" type="given" value="ROBERT"/>ROBERT TAYLOR</persName> </hi> (
<hi rend="italic">Policeman Y</hi> 376). On Sunday morning, 22nd October, about 12.20,1 went, in uniform, from the station to St. George's Road—Escott was with me, in plain clothes, and two other constables—there was a large crowd throwing brickbats and stones, and shouting out "Knife the b——s"—I was struck with a brick on the back of my head—we all drew our truncheons at the same time, and kept the mob back with them—I saw Kendrick there, and three other
<hi rend="italic">chaps;</hi> Kendrick picked up a stone, stepped in front, and threw it with great force, saying "Take that, you b——;" the stone struck Sergeant Gould, who was 15 yards from him on the head or the helmet—I seized Kendrick, and told him I should take him into custody for throwing a stone at Sergeant Gould, and as soon as I took hold of him he became very violent, threw himself on the ground, and called on the mob to get him away—Sergeant Gould came up, and I said "This is the man that threw the stone"—I and Gould then took him to the station—we got there before Conway.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>. I did not say before the Magistrate that Kendrick stooped down and took up a stone and threw it with great force, it passed my memory; it is not an addition of my own, drawing on my imagination.</p>
<hi rend="italic">Re-examined.</hi> I saw Gould's head cut and bleeding—I mentioned that to the Magistrate.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-162" type="witnessName">
<interp inst="t18761211-name-162" type="gender" value="male"/>
<interp inst="t18761211-name-162" type="surname" value="ESCOTT"/>
<interp inst="t18761211-name-162" type="given" value="SAMUEL"/>SAMUEL ESCOTT</persName> </hi>. I went up to the mob at 12.30; I was in plain clothes—I saw Cogan in St. George's Road, and a sergeant and constable near him—I saw Cogan's left hand inside Bailey's collar, and an open knife in his right hand, which was close to Bailey's chest—I spoke to Cogan and said "Let go of Bailey, for I am a constable, if you do not let go of him, I shall take you in custody for trying to rescue the prisoner"—he said "You b——, if you do not go away, I will stab you before the night is out"—I asked him a second time to leave go and he repeated what he said before—I then drew my truncheon and struck him across the knee and he fell to the ground and I lost sight of him for ten minutes—I then saw him throw two pieces of brick in Eden Grove—I not only saw the knife, but I was stabbed. (
<hi rend="italic">This was the subject of another indictment.</hi>) Cogan wore a light
<hi rend="italic">billycock</hi> hat, both times that I saw him, a soft hat.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. A. METCALFE</hi>. I was within a yard when I saw Cogan's hand in Bailey's collar—nothing was said—I saw Cogan step back a little way, he drew his leg back—I don't remember hearing him say to Bailey "If you come any way near me again or touch me again I will put this into you"—I am sure I am not mistaken about his having his hand in Bailey's collar, I swear it, if I was to die this minute.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-163" type="witnessName">
<interp inst="t18761211-name-163" type="gender" value="male"/>
<interp inst="t18761211-name-163" type="surname" value="FIELD"/>
<interp inst="t18761211-name-163" type="given" value="JAMES"/>JAMES FIELD</persName> </hi>. I am assistant to a cheesemonger, of 204, Holloway Road—soon after 12 o'clock on this night I went into St. George's Road and saw Lambert there and a soldier, who I do not recognise—Cosgrove was stand
<lb/>ing close to me and to Lambert as well—he had something attached to a</p>
<xptr type="pageFacsimile" doc="187612110037"/>
<p>piece of string, and I saw him strike Lambert on the head with it and kick him as well; I could not see what the thing was, or how long the string was, but as his hand came down it came down with it—Lambert was in a stooping position, holding the soldier, and Cosgrove kicked him in the back—a great many people were there—I went to the station for assistance and returned to St. George's Road—I did not hurry back, and the road was quieter then—I dare say it was a quarter of an hour before I returned—I did not see the soldier then, but I saw Cosgrove standing in St. George's Road with two females, showing them something which he had in his hand, I cannot say what it was, but there was a string which went from one hand to the other; he had it in one hand and what he used was in the other hand—he said to the women that he had given the b——s some, and he would give them some more before he went in doors—that was all I heard.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COOPER</hi>. I did not write it down—I have been fourteen years in my present place—I knew Cosgrove by sight; I have seen him in the Holloway Road, it is near his home—I could not swear to the females if I saw them again, although I saw them by the same light as Cos
<lb/>grove, but I had seen him before on various occasions and can swear to him—I have not been talking to Lambert, or Gould, or Kew—Cosgrove stood next me—Lambert was at my feet, as it might be, I was not helping him; I did not consider it was my duty to interfere to help the police—I am sure Cosgrove was not playing at cat's cradle with the women with the piece of string.</p>
<hi rend="italic">Re-examined.</hi> I went to the station and got assistance—I have no doubt whatever about Cosgrove, something had happened to make me notice him before this.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-164" type="witnessName">
<interp inst="t18761211-name-164" type="gender" value="male"/>
<interp inst="t18761211-name-164" type="surname" value="MORLEY"/>
<interp inst="t18761211-name-164" type="given" value="WALTER"/>WALTER MORLEY</persName> </hi>. I am manager to Mr. Terry, a grocer, of the Hollo
<lb/>way Road—on this Sunday morning, a few minutes after 12 o'clock, I saw Cogan. take a staff away from the constable, Kew—I did not see him strike with it at the time, as I went back into the shop—I afterwards came out again and saw the constables regain their feet—I saw Kew trying to regain his staff from Cogan; he rushed at him with his arm up, and Cogan struck him on his arm and on the back of his head with the staff—I heard a sound like the breaking of a pane of glass, and it appears to have been the breaking of the staff—Kew staggered and the landlord of the Pied Bull immediately took him in.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. A. METCALFE</hi>. I said at the police-court that I would not swear to Cogan, but to the best of my belief he was the man; but I think if I had seen him with his hat on, which he had at the time, I should have sworn to him—I do not swear to him in consequence of what I have heard since; I do not go by his clothes, I go by his features.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-165" type="witnessName">
<interp inst="t18761211-name-165" type="gender" value="male"/>
<interp inst="t18761211-name-165" type="surname" value="BLAKE"/>
<interp inst="t18761211-name-165" type="given" value="THOMAS"/>THOMAS BLAKE</persName> </hi>. I was errand-boy to Mr. Terry, a grocer, of the Hollo
<lb/>way Road, in October—about 12—o'clock on this Saturday night I saw a crowd near the Pied Bull and saw Sergeant Lambert, and Kew—I saw Cogan take away a staff from Kew, who was on the ground; he got up a few minutes afterwards and tried to get his staff again, and Cogan ran at him and knocked down his arm, and hit him on the head with it—I went to the shop and there was no one in; I just put my head in and came back again and they were in St. George's Road, trying to carry the soldier—I got knocked down the last time—when I saw Cogan the first time he. Was wearing a white Billy cock—I saw it when he was before the Magistrate; he shewed it me when I was giving my evidence.</p>
<xptr type="pageFacsimile" doc="187612110038"/>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. I saw a white hat in Cosgrove's hand at the police-court, which was the same as he had in the crowd.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-166" type="witnessName">
<interp inst="t18761211-name-166" type="gender" value="male"/>
<interp inst="t18761211-name-166" type="surname" value="TARR"/>
<interp inst="t18761211-name-166" type="given" value="GEORGE"/>GEORGE TARR</persName> </hi> (
<hi rend="italic">Policeman Y</hi> 416). On Sunday morning, 22nd October, I was on duty with Browning in Hornsey Road, about 1.30, and saw Cook 200 or 250 yards from the Pied Bull—I knew him before, and knew his name as Cook—Browning spoke to me about him—I have no doubt what
<lb/>ever that he is the man I saw—I heard of this disturbance; it was on that night.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLE</hi>. This is the first time I have given evidence.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-167" type="witnessName">
<interp inst="t18761211-name-167" type="gender" value="male"/>
<interp inst="t18761211-name-167" type="surname" value="BROWNING"/>
<interp inst="t18761211-name-167" type="given" value="TOM"/>TOM BROWNING</persName> </hi> (
<hi rend="italic">Policeman Y</hi> 405). On this Sunday night, 22nd October, I was on duty in the Holloway Road—I did not see the disturb
<lb/>ance, but I heard of it—I saw Tarr about 12 o'clock, and after that about 12.30—I saw Cook, who I knew by the name of Moody, going in the direction of Queensland Road—I do not know where he lives; I spoke to Tarr about him.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLE</hi>. I have given my evidence to-day for the first time.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-168" type="witnessName">
<interp inst="t18761211-name-168" type="gender" value="male"/>
<interp inst="t18761211-name-168" type="surname" value="WITHAM"/>
<interp inst="t18761211-name-168" type="given" value="WILLIAM"/>WILLIAM WITHAM</persName> </hi> (
<hi rend="italic">Detective Officer Y</hi>). On Sunday morning, 22nd October, I went to 27, Broad Street, Essex Road—I saw a light in the parlour, and the shadow of a man—I knocked at the door several times, and asked for admission, and called out "Police;" we then forced the door and found nothing in the room but a light; we then went into another room and found Cogan in bed, with his head bandaged up—I said "I want a person named Cogan;" he said "Yes, I am Cogan"—I asked him what was the matter with his head; he said that he had been to Holloway and had got into a row, and had been struck with a staff by the sergeant—I told him to dress himself and I should take him in custody for stabbing a policeman—after he had dressed himself I said "There is no doubt you will be charged with attempted murder"—he said "Oh, if that is it, good-bye all"—on the way to the station he said "I never used a knife, for I never had a knife in my pocket"—I took him to the station, and from there to St. Bartholomew's Hospital, where Escott was lying in bed, and before I got within a dozen yards of him Escott said "That is the man."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. Cogans head was bound up in such a way as if it was done by a surgeon.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-169" type="witnessName">
<interp inst="t18761211-name-169" type="gender" value="male"/>
<interp inst="t18761211-name-169" type="surname" value="LEWIS"/>
<interp inst="t18761211-name-169" type="given" value="DAVID"/>DAVID LEWIS</persName> </hi> (
<hi rend="italic">Detective Officer Y</hi>). On 11th November, I took Cook at 27, Queensland Road, Holloway, which is a common lodging-house—he is a cattle drover; I knew him before—I told him I should take him in custody on a warrant for assault, and asked him to come outside—when we were outside, I told him he would be charged with being concerned with Conway and others in assaulting Sergeant Lambert in Holloway Road, he said "I know nothing about it"—I took him to the station, and from there to Sergeant Lambert's house—I said "Sergeant Lambert, look up and see if there is any one here you know"—he said "Yes, that man there; he struck me on the head with his fist"—I said "Have you any doubt about it?"—he said "No, none whatever"—Cook put his hands together like this, and said "You have made a mistake, I was not there; I was at Blackwall Rail
<lb/>way Station"—I took him to the Caledonian Road station, where the charge was read over to him, and he said he was not there; that was at 9.45—I took Cosgrove previous to that on the same night, at the Coach and Horses, Holloway Road—I knew him before by the name of Burke—I went into</p>
<xptr type="pageFacsimile" doc="187612110039"/>
<p>the bar, and said "Burke, I wish to speak to you"—he said "All right"—I said "I want to speak to you outside"—he said "I sha'nt come out"—I pulled him out, and told him I should take him for being concerned with Conway and others with assaulting Lambert in St. George's Road, on the morning of the riot; he made no reply—I took him to the Caledonian Road Station, where he was detained until the witness Field came, he was then placed with three or four others, and I asked Field if he saw any one there to go up and put his hand upon him; he put his hand on Cosgrove, and said "That is the man I saw strike and kick Sergeant Lambert in St. George's Road; I have known him about seven months"—Cosgrove said "What name do you want me by?".—I told him that he could give what name he liked—he said "My name is Cosgrove"—that is all that passed.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COOPER</hi>. I have known him three years—I did not know where he lived at the time, but I do now—I have not been to his house; I did not want to search for anything—I had not spoken to Field about him—Field did not describe him to me; Burke is a man who if you see once you will not mistake him a second time—I had no conversation with Field going along, he was not with me—Cook was one of the men Field had to select from, and there were two others about his own height; they were not policemen, they were prisoners about 5 feet 3 inches high—Cosgrove is about 5 feet 2 inches.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLE</hi>. I arrested Cook at the lodging-house three weeks after the assault, and before the first hearing at the police court—I asked him what his name was, and he said "Cook"—I took him to the sergeant's house the same night—he was not in his bed-room, he was in the front parlour; there were five or six policemen with me, but we were all in plain clothes; Lambert knew all the policemen—I do not know that Cook worked regularly on Saturdays to trans-ship the cattle from the steamers at Blackwall up to the cattle layers at the Caledonian Road.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-170" type="witnessName">
<interp inst="t18761211-name-170" type="gender" value="male"/>
<interp inst="t18761211-name-170" type="surname" value="WRIGHT"/>
<interp inst="t18761211-name-170" type="given" value="GEORGE"/>GEORGE WRIGHT</persName> </hi>, B.M. I am surgeon to the Y division, and live at 408, Liverpool Road—on Sunday morning, 22nd October, about 12.30 or 1 a.m., I went to the Caledonian Road police-station and saw Sergeant Lambert—he was in a very faint condition, covered with a cold, clammy sweat, and gasping for breath—he was only able to speak in a whisper—his face was grazed on the cheek bone; the skin was broken; his eyes were blackened and three or four of his front teeth knocked out; I thought he would have died at the station from the concussion to his spine and head; his life was certainly in danger—he said "Let me go home," and he was Sent home at once—I visited him at his home two hours afterwards, he was still very ill, but he had recovered—I attended him about three weeks, but he' is on the sofa still, and unable to do duty; he is not out of danger yet, he has symptoms of paralysis in his leg and in his bladder—a violent blow on the head would account for the injuries I saw; he was hacked all over his body; he was sore all over, there was hardly an inch clear—he had great tenderness and bruises all over, more particularly at the bottom of his spine—his condition arises from shock from the violent ill-usage he received—I also saw Kew that morning, who was ruptured, and he also had a scalp wound—I saw Sergeant Gould at the station, who also had a scalp wound at the back of his head—I also saw Escott who was suffering from a stab in the stomach.</p>
<xptr type="pageFacsimile" doc="187612110040"/>
<hi rend="italic">Thursday, December</hi> 17
<hi rend="italic">th</hi>, 1876.</p>
<hi rend="italic">The following witnesses were called for Cook.</hi> </p>
<hi rend="smallCaps">
<persName id="t18761211-name-171" type="witnessName">
<interp inst="t18761211-name-171" type="gender" value="female"/>
<interp inst="t18761211-name-171" type="surname" value="WILKIKSON"/>
<interp inst="t18761211-name-171" type="given" value="SARAH"/>SARAH WILKIKSON</persName> </hi>. I am the wife of William Wilkinson, of 27, Queens
<lb/>land Road, Hornsey Road—Cook has lodged at our house nine or ten months—I first heard of this assault on the Sunday morning, and Cook came home on the Saturday night at little after 6 o'clock; he asked me to sew some buttons on his trousers—he had his tea and went up to bed about 8 o'clock, and put his trousers outside the door; I fetched them about ten minutes afterwards and put them in my front parlour—he sleeps on the first floor—I then locked my parlour door, put the key in any pocket, and went out marketing—I returned about 10.45, and his trousers were where I had left them—I did something else first and then sewed the buttons on them and put them on a chair in the front parlour, and went to bed; I slept in that room and they were still there when I got up at a little after 5 o'clock; but I was up all night nearly because my baby was very ill—the prisoner has never had more than one pair of trousers since I knew him at about 5.5 I saw my husband take Cook's trousers up to him, and about 5.15 or 5.20 I heard Cook come down stairs; I did not see him, I only heard him, but I spoke to him as he was going out and told him to shut the doer quietly because my baby had just gone to sleep—Cook lodged at our house up to the time of his arrest, but he never sleeps at home on Sunday nights—I saw him next at a little after 5 o'clock on Monday afternoon, when he came home from work and had his tea as usual—he sometimes goes away on Tuesday and sometimes on Friday—I do not know what he does—some times when he does not go to work he is in bed all day.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BEASLEY</hi>. He was with us up to the time he was apprehended—I was present when he was apprehended—I had heard of this affair on the Sunday morning—I saw the constable at our house-Cook did not speak to me before he went away with Lewis, nor to anyone in the house—Rose Cook, his sister, also lodges with us, and I believe he asked her to find his hat before he went away—he was not told the charge in our house; he asked Lewis what he was being charged for, and they would not tell him; they said that he was to be apprehended on a warrant for having a quarrel with Mrs. Biggs, a person who lives in our neighbour hood, and with that I told him to go quietly—he did not say anything, he put on his hat and off he went, saying "All right, I'll go"—I told him to go quietly, because I thought he would not like to go, and because I thought it would be the best for him—nothing was said in my hearing about any assault on the police, and I was present the whole time—Lewis did not tell Cook in my presence that he held a warrant against him for assaulting Lambert; on my oath he did not; nor did Cook say in my hearing "I know nothing about it," or any words of that kind, and I was there all the time—he did not mention Holloway Road in my hearing—I did not know that he was taken away on a charge of assaulting the police; I had not the smallest idea that it had anything to do with the Sunday morning at the time when Lewis took him away—I believed he was taken on a charge of assaulting Mrs. Biggs; I had heard that they had had a quarrel, but no more; he did not tell me that, his daughter told me—the quarrel was on the Wednesday as he was locked up on Saturday night—the assault on the police took place on 21st October, and I heard of it on Sunday morning, the 22nd; I heard the neighbours talking about it; I</p>
<xptr type="pageFacsimile" doc="187612110041"/>
<p>cannot give you their names; it was nobody who lodges in our house—I heard of it when I was taking my dinner to the bake-house—Cook's sister has lodged with us three years, and she was in the house on the night when this affair of the trowsers was going on; she minds the house when I go out; she is my servant and I give her wages—she is not here—she was out that evening; she was in and out—she sleeps in the back parlour; she slept there that night—she goes in and out of my parlour where I and my baby were—I know Kendrick by seeing him in the neighbourhood; I have known him by sight two years I should say—I do not know what he is—I never saw him with Cook—five other men slept in the same room with Cook; there are six altogether; they were all six at home that night—one mail is named Clark, he went to bed about 11.40—I remember that because I know the time he came in—I noticed the time he went to bed; I always do so to see what time he shuts the house up—he is not my husband—my husband shuts the house up—I remember the time Clark went to bed because my husband asked me the time two or three minutes before—all the other five men who slept in that room have not come here; Arthur Clark and Alfred Cyrett have—Alfred Clark is the one I have spoken of—Cyrett went to bed after Clark, but I cannot say what time—nobody else is here but my husband—Alfred Cole was also there, and William Buck
<lb/>land; I do not know at what time they went to bed—Clark has been living with us about ten weeks; I believe he has got two pairs of trowsers—Cyrett has only one pair, I believe; I never saw him with more than one pair—I am sometimes engaged in putting buttons on their trowsers; I mend and wash for them all—Cook went to bed on this Saturday night at a little after 8 o'clock, and about the same time on the Saturday night before; that was about his regular bed hour on Saturday nights, but not for the the others—I cannot tell at what time Clark went to bed on the previous Saturday, but he never went in much before 12 o'clock.</p>
<hi rend="italic">Re-examined.</hi> My baby was awake, and I was up almost all night—I also remember that on that night, about 6.30 or 7 o'clock, Cook asked me to buy him a new shirt, and because I was a long time gone my husband got quarrelsome with me and told me to let the lodgers buy their own shirts.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE JURY</hi>. Being a drover he does not go to work on Saturday nights—he generally came home about that time, but sometimes a little later—he went to work on Sundays at a little after 5 o'clock—I think I have sewn buttons on this pair of trowsers three or four different times and I have washed them twice; he was in bed while I washed them; he sometimes gets wet and then he lies in bed while I dry them; there is not another pair for him to put on, he has only got what be stands up in; he has not a pair of trowsers to put on on Sunday, I never saw him with another pair.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. I did not generally mend the trowsers on Saturday night, bat on any night when he asked me; on this Saturday night I sewed three buttons on them.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-172" type="witnessName">
<interp inst="t18761211-name-172" type="gender" value="male"/>
<interp inst="t18761211-name-172" type="surname" value="WILKINSON"/>
<interp inst="t18761211-name-172" type="given" value="FREDERICK"/>FREDERICK WILKINSON</persName> </hi>. I am the husband of the last witness, and am a plaisterer's labourer—I first heard of this assault on the Sunday morning at 10 o'clock; some
<hi rend="italic">chaps</hi> came and told me—Cook had come in about 6 o'clock on the Saturday and he said to my wife "
<hi rend="italic">Sally</hi>, would you mind putting some buttons on my trowsers to-night?" he calls her
<hi rend="italic">Sally</hi>—she said "Yes, when you are ready for them"—he then sat down and had his tea and stopped in the kitchen till 8 o'clock, or it may be a little after, and then went upstairs to bed.</p>
<xptr type="pageFacsimile" doc="187612110042"/>
<hi rend="smallCaps">
<persName id="t18761211-name-173" type="witnessName">
<interp inst="t18761211-name-173" type="gender" value="female"/>
<interp inst="t18761211-name-173" type="surname" value="WILKINSON"/>
<interp inst="t18761211-name-173" type="given" value="SARAH"/>SARAH WILKINSON</persName> </hi> (
<hi rend="italic">re-examined by</hi>
<hi rend="smallCaps">THE COURT</hi>). I never heard Cook go out during the night, and he could not have gone out without any trowsers; I am able to say positively that after he went to bed at 8 o'clock he did not go out of the house before 5 o'clock in the morning; I feel sure about that.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-174" type="witnessName">
<interp inst="t18761211-name-174" type="gender" value="male"/>
<interp inst="t18761211-name-174" type="surname" value="WILKINSON"/>
<interp inst="t18761211-name-174" type="given" value="FREDERICK"/>FREDERICK WILKINSON</persName> </hi> (
<hi rend="italic">continued</hi>). Cook hallooed out at his bed-room door "Here are my trowsers," and my mistress went up and he gave her the trowsers; she brought them down stairs and put them in the parlour and locked the door, put on her bonnet and shawl and went marketing, and I went with her—the whole house belongs to me—we did not lock the street door, only the parlour—we came back at 11 o'clock, or a little after, and had a bit of supper, and I reminded my wife about putting the buttons on; I said "You had better put the buttons on the
<hi rend="italic">chap's</hi> trowsers"; she would have forgotten all about them if I had not told her—she went out, of the parlour and took the lamp and fetched the trowsers; I think she put them in the back parlour; she put the trowsers back on the chair in the parlour, and there they remained till next morning—I was indoors all night and was up almost all night with the baby; my wife undressed the baby and put it to bed, but she had to get up again, because it was ill—Cook had told me to call him if I was awake, and I took his trowsers up to him at; 5.30 next morning and said "Here are your trowsers"—he asked me the time and I told him it was 5.30 and then I came downstairs again, and Cook got up and put his trowsers on and went to work, and he never returned till the Mon
<lb/>day at 3 o'clock—from the time I went out marketing with my wife Cook was in bed; I saw him in bed at 12.15 when I—went up to see that my lodgers were all right, and I spoke to him—he and Clark and Cyrett had three beds together, and he laid in the middle bed of the three; they were talking and I took my lamp up in my hand and said "Now, if you chaps are going to get up in the morning you had better go to sleep," and I blew the light out, and went down and bolted the front door, that is what I call closing my house—I did not go to bed for five or ten minutes, and then I had to get up again; I got up in about an hour and a half afterwards, because the baby was so bad, and was up nearly all night—there is no key to the front door; it bolts—I am able to say on my oath that Cook was in the house all that time, from 8 o'clock to 5.30—he never had another pair of trowsers in my house—I do not know how long he has had that pair, they seem pretty good, I should think he had had them five or six months—he has been in my house nine months, ten months now—he had a pair of cord trowsers when he came, and he gave them to his sister to make a pair for her little boy; when he bought these, four or five months back, he gave them to his sister, Rose Cook, but she took them to her married sister—Rose is the single one—I do not know whether Rose did so, but I never saw the old trowsers again, only when they were on the boy, and they were not in the same shape then—the other trowsers were
<hi rend="italic">bran</hi> new when they were bought—Cook is a cattle drover, he works at Blackwall every Saturday and returns home about 6 o'clock—he takes cattle on board ships, but I never was there—his trowsers are generally in a muddy state when he comes home; they have pretty good trowsers in that trade, they are made strong, and they pay 3
<hi rend="italic">s</hi>. or 4
<hi rend="italic">s</hi>. extra for them—he goes away on Sunday mornings—if he comes home with his trowsers wet and dirty he takes them upstairs with him—I do not know whether the buttons often come off; I am not aware that my wife has sewn</p>
<xptr type="pageFacsimile" doc="187612110043"/>
<p>buttons on them before, not on these trowsers—I should know if I saw her do it—I never saw her put buttons on these trowsers before.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BEASLEY</hi>. He generally came home on Saturday nights at the same time, to the best of my knowledge, and he went to bed about the same time, or a little later; he was never much after 9 or 10 o'clock at the latest—it was 10 o'clock the night they took him—I was present when he was apprehended, in my front parlour—Lewis appre
<lb/>hended him, and I heard him ask him his name—I was not in the same room; I was in the front room; not in the same room—I could not hear where I was what passed between Lewis and him, but I came out and saw Lewis taking him out, and I asked Cook what he was being taken for—I do not know what he said; they went off—I don't think Lewis told him what he was taken for till he got outside, but he asked him his name, and he said "Cook"—Lewis said "Come on; we don't want to fill everybody's mouth; come outside," and I followed them out, but I. did not go any farther than the door—my wife was present; we were all there; we all came out of the parlour, but she never heard Lewis say that—she heard me ask him what he was being taken for, and she heard Cook say "I do not know;" but she is very hard of hearing for the last six months; I have spoken to her myself, and she has not heard me—when I spoke to Cook I dare say she was as far off as I am from that gentleman (
<hi rend="italic">pointing</hi>)—she might have heard, but I don't know whether she did or not—I did not hear Lewis say anything to my wife at any part of the time—I was in the front parlour and I came out into the passage—Lewis did not go right into the back room, Cook came out to him into the back passage—if Lewis had spoken to my wife I could have heard him—I don't believe he did speak to her—well, I believe he did—I don't think he did, and yet I do think he did; there were so many of us in the passage—I do not know what he said to her; I only remember what he said outside—I will swear before these gentlemen that this man had only one pair of trowsers at that time—the only other pair I remember was the pair he gave away—I will swear that he only had one pair—the other men have one pair each,
<hi rend="italic">bar</hi> Clark, who has two pair, and bis Sunday trowsers are put fin my room downstairs in a box—I have not been in trouble—I was in trouble ten years ago, or it may be more—I had four months—it was for felony; stealing from inside a shop—I do not know what year it was in—it was at Clerkenwell police-court—it might be in 1868; it is a long while ago; I was a lad at the time—I am now twenty-five—I was charged again at Clerkenwell Police-court in 1869—I have only had four months—the felony at the shop was at Queensland Road—I was never charged with committing felony in Wickham Terrace; I was taken up because my hat was
<hi rend="italic">chucked</hi> into a shop; me and some lads were larking and my hat was
<hi rend="italic">chucked</hi> in, and I went in and got it, and the man thought I was after stealing his herrings, and said he would have me locked up—I was taken before a Magistrate, and discharged—I do not know how long that was after Queensland Road—I do not remember being up again at Clerkenwell police-court in 1871, on a charge of assault; it was about 1874, I think; it is two or three years ago—that was not a charge of assaulting Mrs. Elizabeth Rose, in the Holloway Road—it was an insult upon Mr. Hobbs and his wife—that was in the Holloway Road—I was bound over to keep the peace for three months—I mean to say that I know nothing of the charge of assaulting Mrs. Elizabeth Rose, nor was I fined 20
<hi rend="italic">s</hi>. or fourteen days for it—I know Mr. and Mrs. Rose, she keeps a poulterer's</p>
<xptr type="pageFacsimile" doc="187612110044"/>
<p>shop, but that never happened—it was my brother Henry who was fine 20
<hi rend="italic">s</hi>. or fourteen days, and I can bring him up to prove it—I have known all the prisoners all my life—I know the Derby Arms beer-house—I have been there—I never saw any of the prisoners there; yes, I have seen Kendrick there, but none of the others—I have seen Cogan, Kendrick, and Cosgrove together, but not often, and I never saw Cook with them—I have not seen Cogan for some time—when I have seen them together they were having a glass at different public-houses in the Holloway Road.</p>
<hi rend="italic">Re-examined by</hi>
<hi rend="smallCaps">MR. COLE</hi>. They all live about that neighbourhood—I never saw Cook in their company—he is not a companion of theirs; I swear positively that I had nothing to do with the assault in 1871; it was my brother Henry—the only imprisonment was when I was a boy, and had four months—in the assault in which I was bound over; I had two or three words with a man and his wife—I went to fetch my wife away and they gave me a smack in the face, and we had a fight and the wife summonsed me, and I was bound over to keep the peace towards them—they were not bound over to keep the peace towards me; I did not summons them—when Lewis came to arrest Cook, four or five other lodgers were present; Davey and Lovett, and Rose Cook, and I think Cole was there—this was on the ground floor—the constable was only there five or ten minutes, and those people were there during that time—no conversation went on while the constable was there.</p>
<hi rend="italic">By</hi> A
<hi rend="smallCaps">JUROR</hi>. I reside about half a mile from the cattle market—I never saw Cook driving cattle, but that is his trade—I do not think he is known to the police, or whether they would have an opportunity of observing him driving cattle—when my wife repairs trowsers for the lodgers we do not generally lock them up in our room all night, but we did not care about doing them just then, because we were going out marketing—if Cook was taken ill in the night he would have had to go downstairs in his shirt—we do not generally keep trowsers all night, this was an exceptional case—I get up on Sunday mornings, about 7 or 8 o'clock; I do not care about turning out so soon on Sunday, but the baby kept me up on this night—there is do knocker on my front door, and there is no key—there are two bolts—they have no latch keys, they have to knock before they come in, and they cannot go in and out—the door is open all day long up to the time I bolt it.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. We always lock the parlour door when we go out, and we kept it locked at night, because of the baby being ill—we always lock it when we go to bed, because it is where we sleep.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-175" type="witnessName">
<interp inst="t18761211-name-175" type="gender" value="male"/>
<interp inst="t18761211-name-175" type="surname" value="CLARK"/>
<interp inst="t18761211-name-175" type="given" value="ARTHUR"/>ARTHUR CLARK</persName> </hi>. I sell fish and poultry with a cart, and lodge in Wilkin
<lb/>son's house—I heard of this assault on the next day Sunday, between 1 and 2 o'clock at the Queen's Arms public-house—I came home on the night in question at 12.20 and went to the room where Cook was, where I sleep—Cook was then in bed—this may be the door, my bed is here, Cook's is the next, and here is the next, there are three on one side and three on the other—Cook has a pair of cord trowsers; I never saw more than one pair—I was talking to Cook till very nearly 1 o'clock in the morning, because I had sold my pony on that day—I then went to sleep and awoke again when the landlord came in next morning with a pair of trowsers on his arm—that was a little after 5 o'clock, about half-past.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BEASLEY</hi>. The landlord came up at 12.30 to see if we were all in bed, and he
<hi rend="italic">blowed</hi> the candle out—I am my own master</p>
<xptr type="pageFacsimile" doc="187612110045"/>
<p>I buy fish and poultry and re-sell it—I serve gentlemen's houses—Cook was Dot asleep when I went up—I will swear that he only had one pair of trowsers—I also know Cosgrave and Kendrick, but I never saw Conway or Cogan before—I know the Derby Arms beer house well—I do not go there sometimes—I know it by living in the neighbourhood so many years, but I never go into it—six of us slept in this room, but they were not all in when. I went in—they were all in when the landlord came up at 12.30, but they were not all awake—I don't know which were asleep—they were all there when the landlord blew the candle out—they were not all interested in the story of the pony, because one was in the corner asleep—the one who took an interest in the story of the pony was a
<hi rend="italic">chap</hi> they call
<hi rend="italic">Natty</hi>—he has not a wooden leg—he is there still.</p>
<hi rend="italic">By</hi> A
<hi rend="smallCaps">JUROR</hi>. I do not associate with Cook—I do not know whether he had his supper there—I do not go into the kitchen; I am only a lodger—I do not know whether he is a teetotaller, but he has had a drop of spruce or shrub with me.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. COLE</hi>. I said at the police-court "Cook is not a companion of theirs as far as I know."</p>
<hi rend="smallCaps">
<persName id="t18761211-name-176" type="witnessName">
<interp inst="t18761211-name-176" type="gender" value="male"/>
<interp inst="t18761211-name-176" type="surname" value="CYRETT"/>
<interp inst="t18761211-name-176" type="given" value="ALFRED"/>ALFRED CYRETT</persName> </hi>. I sell fish—Clark brings it to us; he finds the money to buy it—I lodge in this house—I first heard of this assault on the Sunday between 2 and 3 o'clock at a beershop—I come home on the Saturday night at 11.45; my business keeps me out as late as that; I stand at a stall—I went straight to bed, and saw the mistress going into her parlour, I don't know what for—when I got into the room Clark and Cook were there—Cook was in bed, and Clark was sitting on the bed—I undressed and got. into bed, but remained awake about an hour—me and Clark and Cook were talking about selling his pony—nothing else happened before I got up in the morning at 6.30—I went to sleep close upon 1 o'clock, and did not wake up before 5.30, when Mr. Wilkinson came up and brought a pair of trowsers up for Cook—I was asleep at that time, and he awoke me.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BEASLEY</hi>. When I went into the room nobody was there but Clark and Cook; the other three came in two or three minutes after—I know Cook, Kendrick, and Cosgrove—I heard of this assault next day in the Fountain beer-shop—Clark and Cook were talking about a pony that night—I remember Mr. Wilkinson putting out the light—Cook was not asleep then; he was talking to Clark—I did not hear him ask Wilkinson to wake him up.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-177" type="witnessName">
<interp inst="t18761211-name-177" type="gender" value="male"/>
<interp inst="t18761211-name-177" type="surname" value="LEWIS"/>
<interp inst="t18761211-name-177" type="given" value="DAVID"/>DAVID LEWIS</persName> </hi> (
<hi rend="italic">re-called by</hi>
<hi rend="smallCaps">MR. BEASLEY</hi>). When I took Cook he did not ask me, in Wilkinson's presence, what he was charged with, nor did he ask me at all—I did not say that he would be apprehended on a warrant for having a quarrel with Mary Biggs, nor did Cook say in Mrs. Wilkinson's presence "All right, I will go," or anything to that effect—I heard nothing about any quarrel with Mary Biggs before. I took Cook in custody, and then I heard it from Cook's sister at that time, after I had told him the charge—I did not charge him with that at all; there is no pretence for saying that I was going to take him for that—I did not read the warrant to him—Wil
<lb/>kinson and his wife were in the front room; it would be impossible for them to hear what was said, for there were six constables in the passage—Wilkinson did not ask Cook in my presence what he was being taken for, for did Cook say "I don't know"—he never spoke.</p>
<hi rend="italic">By</hi> A
<hi rend="smallCaps">JUROR</hi>. I did not read the warrant to the man when I apprehended him; it was not asked for; nor did I read it in the street—I told him the</p>
<xptr type="pageFacsimile" doc="187612110046"/>
<p>charge—I asked him if his name was Cook—he said "Yes," and I told him the charge—I have not got the warrant here: it is at the police-court.</p>
<hi rend="largeCaps">CONWAY, KENDRICK, COGAN</hi>,
<hi rend="italic">and</hi>
<hi rend="largeCaps">COSGROVE</hi></p>
<hi rend="smallCaps">
<rs id="t18761211-135-verdict-1" type="verdictDescription">
<interp inst="t18761211-135-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18761211-135-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18761211-135-punishment-28" type="punishmentDescription">
<interp inst="t18761211-135-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18761211-135-punishment-28" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-135-18761211 t18761211-135-punishment-28"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-135-18761211 t18761211-135-punishment-28"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-135-18761211 t18761211-135-punishment-28"/>
<join result="defendantPunishment" targOrder="Y" targets="def5-135-18761211 t18761211-135-punishment-28"/>Fifteen Years' Penal Servitude each</rs>. Kendrick and Cosgrove had both been pre
<lb/>viously convicted of a like offence.</hi> </p>
<hi rend="largeCaps">COOK</hi>
<hi rend="smallCaps">
<rs id="t18761211-135-verdict-2" type="verdictDescription">
<interp inst="t18761211-135-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18761211-135-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="italic">There was another indictment against Cook, which was postponed to the next Session.</hi> </p>
<hi rend="italic">The following case has been omitted from the New Court, Monday.</hi> </p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p> </div1>
<div1 type="trialAccount" id="t18761211-136">
<interp inst="t18761211-136" type="uri" value="sessionsPapers/18761211"/>
<interp inst="t18761211-136" type="date" value="18761211"/>
<join result="criminalCharge" id="t18761211-136-charge-1" targOrder="Y" targets="def1-136-18761211 t18761211-136-offence-1 t18761211-136-verdict-1"/>
<persName id="def1-136-18761211" type="defendantName">
<interp inst="def1-136-18761211" type="gender" value="male"/>
<interp inst="def1-136-18761211" type="age" value="40"/>
<interp inst="def1-136-18761211" type="surname" value="BOSWORTH"/>
<interp inst="def1-136-18761211" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH BOSWORTH</hi> (40)</persName>
<rs id="t18761211-136-offence-1" type="offenceDescription">
<interp inst="t18761211-136-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18761211-136-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18761211-name-179" type="victimName">
<interp inst="t18761211-name-179" type="gender" value="male"/>
<interp inst="t18761211-name-179" type="surname" value="HALE"/>
<interp inst="t18761211-name-179" type="given" value="ALFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t18761211-136-offence-1 t18761211-name-179"/>Alfred Hale</persName> with intent to steal.</rs> </p>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18761211-name-180" type="witnessName">
<interp inst="t18761211-name-180" type="gender" value="male"/>
<interp inst="t18761211-name-180" type="surname" value="HALE"/>
<interp inst="t18761211-name-180" type="given" value="ALFRED"/>ALFRED HALE</persName> </hi>. I am a fruiterer, of 294, Pentonville Road—on 17th October, at 9.30 p.m., I closed my house safely and went upstairs—I heard a noise about 10.30, and in a minute or two another noise—I went down and found the prisoner at the bottom of the stairs in the passage—I asked him what he was doing; he said that he was looking for a friend—I seized him and called "Police"—the shop counter had been moved—there were several marks on the street door, which was unfastened but put to—no one was in the shop when I closed it.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> There was a light in the passage, but not in the shop—I sell apples—there are nine children in the house.</p>
<hi rend="smallCaps">
<persName id="t18761211-name-181" type="witnessName">
<interp inst="t18761211-name-181" type="gender" value="male"/>
<interp inst="t18761211-name-181" type="surname" value=