<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>Sessions Paper.</p>
<p>WHITE, MAYOR.</p>
<p>Short-hand Writers to the Court,</p>
<xptr type="pageFacsimile" doc="187701080002"/>
<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, January 8th, 1877, and following days,</p>
<hi rend="smallCaps">BEFORE THE RIGHT HON. SIR</hi>
<hi rend="largeCaps">
<persName id="t18770108-name-1" type="judiciaryName">
<interp inst="t18770108-name-1" type="gender" value="male"/>
<interp inst="t18770108-name-1" type="surname" value="WHITE"/>
<interp inst="t18770108-name-1" type="given" value="THOMAS"/>THOMAS WHITE</persName> </hi>,
<hi rend="smallCaps">KNT</hi>.,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; The Hon. Sir
<hi rend="smallCaps">
<persName id="t18770108-name-2" type="judiciaryName">
<interp inst="t18770108-name-2" type="gender" value="male"/>
<interp inst="t18770108-name-2" type="surname" value="HAWKINS"/>
<interp inst="t18770108-name-2" type="given" value="HENRY"/>HENRY HAWKINS</persName> </hi>, Knt., one of the Justices of the High Court of Justice, Exchequer Division; the Hon. Sir
<hi rend="smallCaps">
<persName id="t18770108-name-3" type="judiciaryName">
<interp inst="t18770108-name-3" type="gender" value="male"/>
<interp inst="t18770108-name-3" type="surname" value="LINDLEY"/>
<interp inst="t18770108-name-3" type="given" value="NATHAN"/>NATHAN LINDLEY</persName> </hi>, Knt., one other of the Justices of the High Court of Justice, Common Pleas Division;
<hi rend="smallCaps">THOMAS QUESTED FINNIS</hi>, Esq., Sir
<hi rend="smallCaps">
<persName id="t18770108-name-4" type="judiciaryName">
<interp inst="t18770108-name-4" type="gender" value="male"/>
<interp inst="t18770108-name-4" type="surname" value="CARDEN"/>
<interp inst="t18770108-name-4" type="given" value="ROBERT WALTER"/>ROBERT WALTER CARDEN</persName> </hi>, Knt.,
<hi rend="smallCaps">
<persName id="t18770108-name-5" type="judiciaryName">
<interp inst="t18770108-name-5" type="gender" value="male"/>
<interp inst="t18770108-name-5" type="surname" value="LAWRENCE"/>
<interp inst="t18770108-name-5" type="given" value="WILLIAM"/>WILLIAM LAWRENCE</persName> </hi>, Esq., Sir
<hi rend="smallCaps">
<persName id="t18770108-name-6" type="judiciaryName">
<interp inst="t18770108-name-6" type="gender" value="male"/>
<interp inst="t18770108-name-6" type="surname" value="LAWRENCE"/>
<interp inst="t18770108-name-6" type="given" value="JAMES CLARKE"/>JAMES CLARKE LAWRENCE</persName> </hi>, Bart., M.P., Sir
<hi rend="smallCaps">
<persName id="t18770108-name-7" type="judiciaryName">
<interp inst="t18770108-name-7" type="gender" value="male"/>
<interp inst="t18770108-name-7" type="surname" value="DAKIN"/>
<interp inst="t18770108-name-7" type="given" value="THOMAS"/>THOMAS DAKIN</persName> </hi>, Knt., Sir
<hi rend="smallCaps">
<persName id="t18770108-name-8" type="judiciaryName">
<interp inst="t18770108-name-8" type="gender" value="male"/>
<interp inst="t18770108-name-8" type="surname" value="LUSK"/>
<interp inst="t18770108-name-8" type="given" value="ANDREW"/>ANDREW LUSK</persName> </hi>, Bart. M.P., Aldermen of the said City; The Right Hon.
<hi rend="smallCaps">
<persName id="t18770108-name-9" type="judiciaryName">
<interp inst="t18770108-name-9" type="gender" value="male"/>
<interp inst="t18770108-name-9" type="surname" value="GURNEY"/>
<interp inst="t18770108-name-9" type="given" value="RUSSELL"/>RUSSELL GURNEY</persName> </hi>, Q.C., M.P., Recorder of the said City;
<hi rend="smallCaps">
<persName id="t18770108-name-10" type="judiciaryName">
<interp inst="t18770108-name-10" type="gender" value="male"/>
<interp inst="t18770108-name-10" type="surname" value="KNIGHT"/>
<interp inst="t18770108-name-10" type="given" value="HENRY EDMUND"/>HENRY EDMUND KNIGHT</persName> </hi>, Esq., one other of the Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18770108-name-11" type="judiciaryName">
<interp inst="t18770108-name-11" type="gender" value="male"/>
<interp inst="t18770108-name-11" type="surname" value="CHAMBERS"/>
<interp inst="t18770108-name-11" 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="t18770108-name-12" type="judiciaryName">
<interp inst="t18770108-name-12" type="gender" value="male"/>
<interp inst="t18770108-name-12" type="surname" value="KERR"/>
<interp inst="t18770108-name-12" 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="t18770108-name-13" type="judiciaryName">
<interp inst="t18770108-name-13" type="gender" value="male"/>
<interp inst="t18770108-name-13" type="surname" value="HADLEY"/>
<interp inst="t18770108-name-13" 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="t18770108-name-14" type="judiciaryName">
<interp inst="t18770108-name-14" type="gender" value="male"/>
<interp inst="t18770108-name-14" type="surname" value="FARRAR"/>
<interp inst="t18770108-name-14" type="given" value="FRANCIS WILLIAM LEWIS"/>FRANCIS WILLIAM LEWIS FARRAR</persName> </hi>, Esq.,</p>
<hi rend="smallCaps">
<persName id="t18770108-name-15" type="judiciaryName">
<interp inst="t18770108-name-15" type="gender" value="male"/>
<interp inst="t18770108-name-15" type="surname" value="BAXTER"/>
<interp inst="t18770108-name-15" type="given" value="WYNNE EDWIN"/>WYNNE EDWIN BAXTER</persName> </hi>, Esq.,</p>
<hi rend="italic">Under-Sheriffs</hi> </p>
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">WHITE, MAYOR. THIRD 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, January</hi> 8
<hi rend="italic">th</hi>, 1877.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<interp inst="def1-150-18770108" type="age" value="28"/>
<interp inst="def1-150-18770108" type="surname" value="SMYTH"/>
<interp inst="def1-150-18770108" type="given" value="ALICIA"/>
<hi rend="largeCaps">ALICIA SMYTH</hi> (28)</persName>
<rs id="t18770108-150-offence-1" type="offenceDescription">
<interp inst="t18770108-150-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18770108-150-offence-1" type="offenceSubcategory" value="forgery"/>,
<hi rend="smallCaps">
<rs id="t18770108-150-verdict-1" type="verdictDescription">
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<interp inst="t18770108-150-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to five indictments for feloniously forging and uttering a mortgage deed, and the endorsements upon several bills of exchange, with intent to defraud. </rs>
<hi rend="italic">Recommended to mercy by the Prosecutors—
<rs id="t18770108-150-punishment-1" type="punishmentDescription">
<interp inst="t18770108-150-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18770108-150-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-150-18770108 t18770108-150-punishment-1"/>Ten Months' Imprisonment.</rs> </hi> </p> </div1>
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<persName id="def1-151-18770108" type="defendantName">
<interp inst="def1-151-18770108" type="gender" value="male"/>
<interp inst="def1-151-18770108" type="age" value="28"/>
<interp inst="def1-151-18770108" type="surname" value="APPLEBY"/>
<interp inst="def1-151-18770108" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY APPLEBY</hi> (28)</persName>
<rs id="t18770108-151-offence-1" type="offenceDescription">
<interp inst="t18770108-151-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18770108-151-offence-1" type="offenceSubcategory" value="bankrupcy"/>, For that he, being a bankrupt, unlawfully did not discover to his creditors the whole of his estate.</rs> </p>
<hi rend="smallCaps">THE SOLICITOR-GENERAL</hi>,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MESSRS. BESLEY</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">J.P. GRAIN</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MESSERS. MONTAGU WILLIAMS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">STRAIGHT</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-18" type="witnessName">
<interp inst="t18770108-name-18" type="gender" value="male"/>
<interp inst="t18770108-name-18" type="surname" value="BUCK"/>
<interp inst="t18770108-name-18" type="given" value="JAMES STARTON"/>JAMES STARTON BUCK</persName> </hi>. I was managing clerk to Mr. Peacock, of 12, South Square, Gray's Inn—he acted as solicitor for Messrs. Bangs & Co., in an action against the defendant for 111
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>.—on 7th December, 1874, I served a writ on the defendant at the corner of a turning near his shop; he was not at his shop, I had endeavoured to serve him there, but could not—after the service of the writ we adjourned to a refreshment-house dose by, Mr. Bangs was with us, and the defendant produced a cheque in Mr. Bangs' presence, and said that he could pay, but as Mr. Bangs had taken the trouble to institute proceedings against him he should not think of doing so, and he might get the money as best he could—I could not see the amount of the cheque, but I am given to understand that it was for 300
<hi rend="italic">l</hi>.; he did not say so—the proceedings were continued down to judgment—this is the judgment paper. (
<hi rend="italic">Dated 25th January</hi>, 1874, for 117
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.
<hi rend="italic">including costs.</hi>) We continued to act after the judgment, but nothing was received under it.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. The conversation took place at a public-house, at the corner of Tudor Place, Tottenham Court Road—I saw the cheque, but could not see what the amount was; it was produced from a pocket-book—I saw what purported to be a cheque.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-19" type="witnessName">
<interp inst="t18770108-name-19" type="gender" value="male"/>
<interp inst="t18770108-name-19" type="surname" value="BANGS"/>
<interp inst="t18770108-name-19" type="given" value="JOSEPH"/>JOSEPH BANGS</persName> </hi>. I am a builder—I sued Appleby through Mr. Peacock, the solicitor, and was present for the purpose of identifying him—he said "Since you have served the writ, there is no occasion for us to have words, come and have a drop of whiskey"—as we went to the Black Horse, he</p>
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<p>pulled out a cheque, which I believe was for 300
<hi rend="italic">l</hi>., but 1 did not see it—he said that he could pay the account, but he should not, since I had taken action against him—I say that it was for a large sum, because I know that he was selling the Tottenham Court house.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. I have received no indemnity from the solicitor to the trustee that it should not cost me anything; nothing of the kind—there is a paper in existence, but it is not an indemnity—I sup pose it is in the hands of Mr. Leatherdale, the trustee, who is a witness—I have not signed it.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-20" type="witnessName">
<interp inst="t18770108-name-20" type="gender" value="male"/>
<interp inst="t18770108-name-20" type="surname" value="HERRING"/>
<interp inst="t18770108-name-20" type="given" value="WILLIAM CORDAY"/>WILLIAM CORDAY HERRING</persName> </hi>. I assist my father, a wholesale druggist—I was one of the committee of inspection of Appleby's estate; he was indebted to my father 69
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.—a debtor summons was served on 17th November, 1874, in the Bankruptcy Court—we had instructed Mr. Piesse, a solicitor, to take proceedings—I was in Paris in November, 1874, and met Appleby there, in the smoking room of the Hotel de Lisle et d'Albion, some friends of mine were drinking and smoking there—the prisoner said that he knew our people—I said that we were seeing a party named Appleby, he said that that was his uncle who had got into a difficulty with a money lender—I cautioned him that he should advise his uncle to get out of the hands of the money lenders; he said that he was going home next day and should look into the matter—that was between the 20th and 30th November, and I can prove by a friend of mine that the prisoner had plenty of money in his possession—I did not know at that time that he was the actual debtor to my father.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. He did not tell me that he was at Paris on his bridal tour, but I knew he was there with his wife—I am one of the committee of inspection—the trustee has received about 600
<hi rend="italic">l</hi>., the statement of accounts will show—I have seen a man named Budget, but not very frequently—I have made an agreement with him, which is in writing—I never had any conversation with Budget about an indemnity, the document was sent on and I signed it—the trustee has paid Budgets certain sum, and I objected to his paying any more—I was not present—I am not liable for the costs of this prosecution in any way—I received a subpoena—Budget was a witness at the police-court, but I cannot tell you whether he was called—about 70
<hi rend="italic">l</hi>. was paid to him out of the estate upon the agreement, but I cannot swear to any positive amount. (
<hi rend="italic">The agreement was here put in, dated 29th January</hi>, 1875,
<hi rend="italic">and signed William Corday Herring, authorising Mr. H. Leatherdale to make such arrangements as he might think fit to obtain the necessary information, and to sift all matters relating to the estate, and to offer a commission of 20 per cent for any information obtained.</hi>) Under that arrangement the 70
<hi rend="italic">l</hi>. was paid out of the estate—the Judge in Chancery objected to his evidence on tie trial—we recovered about 600
<hi rend="italic">l</hi>., and he had 70
<hi rend="italic">l</hi>. of it for obtaining information, which I objected to.</p>
<hi rend="italic">Re-examined.</hi> It was 20 per cent. Up on property actually recovered to the estate which has been paid to him.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-21" type="witnessName">
<interp inst="t18770108-name-21" type="gender" value="male"/>
<interp inst="t18770108-name-21" type="surname" value="SPARKES"/>
<interp inst="t18770108-name-21" type="given" value="RICHARD"/>RICHARD SPARKES</persName> </hi>. I am a clerk in the Bankruptcy Court—I produce the file of proceedings in the bankruptcy of Henry Appleby; there are four volumes—the petition is dated November 28th, 1874—I find here a cer
<lb/>tificate of Mr. Henry Leatherdale as trustee of the estate, on 14th January, 1875; a statement of affairs signed by the bankrupt, and filed on 4th March, 1875; and the adjudication of bankruptcy, dated 18th December,</p>
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<p>1874—the total debts are 595
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>.; unsecured creditors, 645
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>.; creditors fully secured, 800
<hi rend="italic">l</hi>.; assets, 35
<hi rend="italic">l</hi>.; book debts and other assets, 442
<hi rend="italic">l</hi>. (
<hi rend="italic">The name of Collins was not mentioned among the book debts.</hi>) I find in volume 3, a schedule headed "Furniture," dated 13th March, 1875; and in the volume I had before here is the bankrupt's examination taken on 10th March.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. Messrs. Miller & Miller, of Sherborne Lane, are the solicitors conducting the prosecution—I attended the examinations at Bow Street, there were pretty well twenty—the trustee was represented by two counsel, I think, but I cannot say whether they were present every time, Mr. Besley and Mr. Grain were there, I believe. (
<hi rend="italic">Among the bills of exchange was I O U of Budget for</hi> 250
<hi rend="italic">l</hi>.) I was not present at the cross-examinations in Bankruptcy—it does not appear how many days were spent before the Registrar.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-22" type="witnessName">
<interp inst="t18770108-name-22" type="gender" value="male"/>
<interp inst="t18770108-name-22" type="surname" value="HERRING"/>
<interp inst="t18770108-name-22" type="given" value="WILLIAM CORDAY"/>WILLIAM CORDAY HERRING</persName> </hi> (
<hi rend="italic">re-examined</hi>). Nothing has been recovered from Budget that I am aware of with regard to the 250
<hi rend="italic">l</hi>.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-23" type="witnessName">
<interp inst="t18770108-name-23" type="gender" value="male"/>
<interp inst="t18770108-name-23" type="surname" value="SNELL"/>
<interp inst="t18770108-name-23" type="given" value="GEORGE BLAGRAVE"/>GEORGE BLAGRAVE SNELL</persName> </hi>. I am one of the official short-hand writers to the Bankruptcy Court—I attended there on 13th March, when the prisoner was examined, and took notes of his examination, which I have transcribed accurately, and my transcript is on the file—I also attended on 16th March, and after being sworn took the short-hand notes and transcribed them accurately—they are also in Court—the bankrupt was examined in open Court before Mr. Spring-Rice, and not in a private room. (
<hi rend="italic">The bankrupt's examination of 13th March, from Question</hi> 743,
<hi rend="italic">and of</hi> 16
<hi rend="italic">th March, from Question</hi> 2,326,
<hi rend="italic">were then read.</hi>)</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. These (
<hi rend="italic">produced</hi>) are my notes of the different days I attended, and' I find eight—the bankrupt was not under examination during the whole of those eight days, there were other witnesses—those were the days on which the case was on—I
<hi rend="italic">think</hi> there were two appeals.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-24" type="witnessName">
<interp inst="t18770108-name-24" type="gender" value="male"/>
<interp inst="t18770108-name-24" type="surname" value="COLLINS"/>
<interp inst="t18770108-name-24" type="given" value="DAVID WILLIAM"/>DAVID WILLIAM COLLINS</persName> </hi>. I am a clerk to a solicitor—I knew the prisoner some time previous to November, 1874—he had lent me 10
<hi rend="italic">l</hi>. and shortly afterwards 90
<hi rend="italic">l</hi>., making 100
<hi rend="italic">l</hi>., I gave him this promissory note produced. (
<hi rend="italic">This was for</hi> 100
<hi rend="italic">l</hi>.,
<hi rend="italic">payable by instalments at fixed dates, with</hi> 6
<hi rend="italic">per cent interest, and several receipts of payments were endorsed upon it, signed H. A.</hi>) Those payments were made by me at the dates they purport to be, or within a day or two—about 1st January, 1875, Appleby called again to say that I was not to pay Mr. Budget any money that I owed him—I said "Of course I should not without your authority, but an instalment is due and you can have it"—I do not believe I was then aware that he had been adjudicated a bankrupt, as I had not seen Appleby or Budget for some time previous—shortly after that I saw Appleby again, and he said "There will be no occasion for you to pay that money to anybody but me," but it was not then payable—I said that if I was not applied to by anybody else I should be prepared to pay him—I think he said "I will send you back the note," I am not sure, but he did send it back; I was in very bad health at the time and my recollection of the matter is very imperfect—I do not think he gave me any reason for sending it back, it was not in a letter, but simply in an envelope with his regards—I did not keep it—I subsequently received these letters produced from him—the first is dated January, 1875, but it should be 1876, I received it January, 1876. (
<hi rend="italic">This was from the defendant to the witness</hi> </p>
<xptr type="pageFacsimile" doc="187701080006"/>
<hi rend="italic">stating that if he could get a little money he should be able to re
<lb/>habilitate him self and requesting the witness to repay him as he, the prisoner, had once helped him; and there were two other letters to the same effect.</hi>) I sent a reply which is written on the back of one of those letters—I was at Brighton in August, 1875, after a severe domestic affliction—I had been very ill and my employee gave me a few days' leave—a letter was forwarded to me, asking me for the payment of 90
<hi rend="italic">l</hi>. due to Appleby—I sent it to Appleby by Up stone, who came down to Brighton—I saw Appleby afterwards and heard from him that he had received my message, he said that he had told the trustee that I owed no money and I should hear no more about it, if I went to the trustee and told him so also—I told him I could not do anything of that kind, and that he had been very foolish in not consulting me in the first instance some day afterwards he came to me and said that the trustee would be satisfied if I would produce the receipts for the amounts I had paid—I said that that would not help him because they were only for 60
<hi rend="italic">l</hi>.—he said that be could get over that by giving me the receipts—I said "I cannot take them, I have not paid you the money, and if I produce those receipts, I must say I have paid you the money," and I cannot do that—he said "Will you give me the receipts to produce as from you"—I said "Certainly not, that would be as bad," and I told him I could not have anything to do with it, I could not be a party to it; I never possessed more than six receipts, the money was paid, but some of the dates are within a day or two—in July 1875, the prisoner told me that he had passed his examination in bankruptcy, and nothing had been said about my debt and that I might in safety pay him—he came to me two or three times and I declined to pay him as I could not afford to pay twice and I wanted to know that I should be safe in paying him before I did so; he got angry and said that I wanted to chaff him, and we parted—in June or July I was summonsed to the Bankruptcy Court, and disclosed to the trustee the true state of the facts, that I still owed 40
<hi rend="italic">l</hi>.—I never answered the other letters, the course of the bankruptcy prevented that—I then made a true statement of what I owed, and have since paid it.</p>
<hi rend="italic">Cross-examined.</hi> I was on very intimate terms with him when I borrowed the money—I was very much in want of money and he learned that from a mutual friend—I was not so much pressed, but it was a great convenience to pay off small creditors and have only one instead of many—I only gave him that note as security; he allowed me to pay by instalments to suit my convenience—he did not want me to fix any time, but I wanted to get rid of the liability—I looked upon it as a great act of kindness—I had not paid Budget money on his account—Budget had lent me some money eighteen months afterwards on account of a domestic affliction—I was short of tie money to pay for my father's funeral, and Budget lent it to me—I do not know when the prisoner was married; it was in 1874, and my impression was that it was in August—I have his statement in his letters in 1876 that he was in great want of money—I was told that he was deceiving me, and those letters very much upset me—I had no money to lend him in return for his kindness to me, and I could not pay him because he was bankrupt; had I been in a position to lend or give him money I should have done so.</p>
<hi rend="italic">Re-examined.</hi> Budget had lent me some money to help me in my his—tress—he lost his wife and came to me for money, and two or three weeks afterwards Appleby called on me and said "I do not want you to pay</p>
<xptr type="pageFacsimile" doc="187701080007"/>
<p>Budget any money"—I said "I don't mean to"—he said "There is that 11
<hi rend="italic">l</hi>—he said "I don't mean that"—after the receipt of the prisoner's letters I spoke to a friend of mine and the result was that the prisoner was deceiving me, that they were not honest letters.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-25" type="witnessName">
<interp inst="t18770108-name-25" type="gender" value="male"/>
<interp inst="t18770108-name-25" type="surname" value="ORFORD"/>
<interp inst="t18770108-name-25" type="given" value="HENRY"/>HENRY ORFORD</persName> </hi>. I am a carman of Rupert Street, Leicester Square—by the direction of Messrs. Bonham, the auctioneers, I removed some furniture from Budget, Esquire's, 260, Tottenham Court Road, to the sale-rooms—the van was ordered for 7 a.m., and two extra vans—that was done on Wednesday, November 18th, 1874—there were two extra men and two van loads, nine hours.</p>
<hi rend="italic">Cross-examined.</hi> The order was forwarded to me by Messrs. Bonham.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-26" type="witnessName">
<interp inst="t18770108-name-26" type="gender" value="male"/>
<interp inst="t18770108-name-26" type="surname" value="BONHAM"/>
<interp inst="t18770108-name-26" type="given" value="GEORGE WASHINGTON"/>GEORGE WASHINGTON BONHAM</persName> </hi>. I am an auctioneer of 3, Princes Street; Leicester Square, in partnership with my mother—in November, 1874, I gave an order to remove some furniture from 260, Tottenham Court Road, to our sale-rooms, and it was brought to our place and lotted for sale on 26th and 27th November—they formed thirty-three lots from 265 to 288 inclusive; lot 285 was a pianoforte, and 286 was a music stool—I do not bow whether there was an harmonium—the gross amount realised was 115
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>.—the pianoforte and music stool were booked to Budget for 36
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>., and they were removed from my rooms—the balance was paid to Mr. Budget—I did not see the prisoner in the transaction.</p>
<hi rend="italic">Cross-examined.</hi> The whole proceedings were with Budget, and the money was paid to him—I cannot say whether the prisoner was in Paris at the time.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-27" type="witnessName">
<interp inst="t18770108-name-27" type="gender" value="male"/>
<interp inst="t18770108-name-27" type="surname" value="VIGERS"/>
<interp inst="t18770108-name-27" type="given" value="JOHN"/>JOHN VIGERS</persName> </hi>. I am employed by Mr. Oxford, the carman—in November, 1874, I went to, I believe, 260, Tottenham Court Road, and—took some furniture from there to Mr. Bonham's—I saw a fair gentleman and a dark gentleman while I was loading the furniture, but I don't think I saw the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-28" type="witnessName">
<interp inst="t18770108-name-28" type="gender" value="male"/>
<interp inst="t18770108-name-28" type="surname" value="CROUCHER"/>
<interp inst="t18770108-name-28" type="given" value="ELIJAH"/>ELIJAH CROUCHER</persName> </hi>. I carry on business at 38, Southampton Buildings—in January, 1876, the prisoner applied to me to purchase a piano, a harp, and an harmonium—I went with him to Brixton to see the pianoforte, and then to Magdala Terrace, Dulwich, where I saw an harmonium and a harp those three articles were afterwards delivered at my place, and next day the prisoner came there and I gave him 20
<hi rend="italic">l</hi>.—it was an absolute purchase Mr. Leatherdale, the trustee, brought an action against me, and I gave up the goods after I found that I had no proper right to hold them.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-29" type="witnessName">
<interp inst="t18770108-name-29" type="gender" value="male"/>
<interp inst="t18770108-name-29" type="surname" value="MURRAY"/>
<interp inst="t18770108-name-29" type="given" value="JOHN ALLEN"/>JOHN ALLEN MURRAY</persName> </hi>. I am a merchant's clerk and a relation of the prisoner's—I live at 13, Camden Street, Camden Town—in October, 1874, a van-load of furniture was brought to my apartments, enough to furnish two rooms—it was given to me by the prisoner—I had been at Tottenham Court House before the removal; the prisoner lived there—there were five or six rooms besides the shop, but I have not been over all the rooms—I was present when the furniture was removed—Mortimer Street is only the shop; there are two small rooms there belonging to the prisoner which were furnished.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-30" type="witnessName">
<interp inst="t18770108-name-30" type="gender" value="male"/>
<interp inst="t18770108-name-30" type="surname" value="CHAMBERS"/>
<interp inst="t18770108-name-30" type="given" value="JOHN JAMES"/>JOHN JAMES CHAMBERS</persName> </hi>. I am manager to George Attenborough, a pawnbroker, of the Strand—on 14th November, 1874, I received some silver spoons and forks and advanced 50
<hi rend="italic">l</hi>. on them—this is the entry—they, were pledged by the defendant—it was a small service of silver in a case—it was renewed on 14th January, 1875, when Mrs. Appleby came and paid the interest, and the pledge was renewed—on 26th June, 1875, the interest</p>
<xptr type="pageFacsimile" doc="187701080008"/>
<p>again became due, and the prisoner paid it, but I cannot tell how much it was—he renewed it for three months—no further payments were made—I afterwards sold the articles, and I think they realised the principal and interest as near as could be, including the expenses.</p>
<hi rend="italic">Cross-examined.</hi> I know that Mrs. Appleby renewed the contract in January, I saw her in the shop; she said that the ticket was lost, and I believe it was—in the case of a lost ticket it is necessary for the person whose name appears upon it to pay the interest himself—if he had sold the ticket it would be useless to anybody else.</p>
<hi rend="italic">Re-examined.</hi> In the case of deposits for 50
<hi rend="italic">l</hi>. it is not necessary to male an affidavit under the Pawnbroker's Act—the ticket would not give any title to the person who possessed it, it would be a deposit note.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-31" type="witnessName">
<interp inst="t18770108-name-31" type="gender" value="male"/>
<interp inst="t18770108-name-31" type="surname" value="REEVES"/>
<interp inst="t18770108-name-31" type="given" value="JOHN FOSTER"/>JOHN FOSTER REEVES</persName> </hi>. I am a surveyor—in October, 1874, in cos
<lb/>equence of an advertisement in the "Daily Telegraph," I wrote to 260, Tottenham Court Road, and afterwards went to the premises—"Appleby" was over the door—I saw Budget, and after two or three interviews, I saw Appleby, who told me I could deal with Budget as his representative—I saw Appleby several times, and finally bought the house and the good will for 750
<hi rend="italic">l</hi>., which I paid partly by bills and partly by cheque—the bills were dated on the day of the completion of the purchase; these are the cheques and bills. (
<hi rend="italic">There were four bills, all dated 24th October</hi>, 1874,
<hi rend="italic">for</hi> 50
<hi rend="italic">l</hi>., 200
<hi rend="italic">l</hi>., 150
<hi rend="italic">l</hi>., and 50
<hi rend="italic">l</hi>.) Those bills and cheques were parted with on the completion of the purchase; I do not know whether the cheque for 100
<hi rend="italic">l</hi>. was dated forward. (
<hi rend="italic">It was dated 10th November</hi>, 1874.) I think the bill for 50
<hi rend="italic">l</hi>. was given after I had got possession. (
<hi rend="italic">This was dated 16th November, drawn by H. C. Appleby, for 501., at one month; accepted by J. F. Reves.</hi>) The cheque for 150
<hi rend="italic">l</hi>., on the 17th, was given on that date—that made up the full amount.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-32" type="witnessName">
<interp inst="t18770108-name-32" type="gender" value="male"/>
<interp inst="t18770108-name-32" type="surname" value="CHAMBERS"/>
<interp inst="t18770108-name-32" type="given" value="THOMAS HENRY"/>THOMAS HENRY CHAMBERS</persName> </hi>. I am a common law clerk to Pattfison, Rigg, & Gurney, solicitors, of Queen Victoria Street; they brought an action against the defendant in 1874, on behalf of Barron & Squires—the verdict was for the plaintiff, for 68
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>., with costs, with speedy execution—that was on 17th November—execution was levied at 47, Mortimer Street, but the sherriff was in possession, and there was an interpleader.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-33" type="witnessName">
<interp inst="t18770108-name-33" type="gender" value="male"/>
<interp inst="t18770108-name-33" type="surname" value="HUMPHREYS"/>
<interp inst="t18770108-name-33" type="given" value="JOHN HENRY"/>JOHN HENRY HUMPHREYS</persName> </hi>. I am managing clerk to Nicholls & Leather
<lb/>dale, the trustees—I managed the matter of this bankruptcy—the prisoner came to me to represent the trustee in reference to Collins' debt—my attention was called to an account filed by the bankrupt purporting to show the amount of payments made in reference to Collins's debt—I do not think I made any inquiry of Appleby in reference to those payments; he made a statement; I had written to him previously—he showed me ten papers purporting to be receipts; I think it was 10
<hi rend="italic">l</hi>. per month payments—I have the account-book here, and I find in December, 1876, 10
<hi rend="italic">l</hi>. returned from Collins's loan; 10
<hi rend="italic">l</hi>. in January, 10
<hi rend="italic">l</hi>. in March, 10
<hi rend="italic">l</hi>. in April, 10
<hi rend="italic">l</hi>. in May, 10
<hi rend="italic">l</hi>. in June, 10
<hi rend="italic">l</hi>. in July, 10
<hi rend="italic">l</hi>. in August, and 10
<hi rend="italic">l</hi>. in September.</p>
<hi rend="italic">Cross-examined.</hi> I did not take an active part in the prosecution, but as managing clerk, all the matters come before me—I never telegraphed to Brown, but I have had several interviews with him—no telegram was sent him with my knowledge—I have seen him all through the proceedings; I first saw Brown, in reference to these proceedings, as far back as January,</p>
<xptr type="pageFacsimile" doc="187701080009"/>
<p>1874—I first saw him in reference to the bankruptcy when I went to put the man in possession in Mortimer Street under the bankruptcy, and he was there.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-34" type="witnessName">
<interp inst="t18770108-name-34" type="gender" value="male"/>
<interp inst="t18770108-name-34" type="surname" value="LEATHERDALE"/>
<interp inst="t18770108-name-34" type="given" value="HENRY"/>HENRY LEATHERDALE</persName> </hi>. I am the trustee under the bankruptcy—I know nothing of the removal of this furniture or its sale by Messrs. Bonham, nor of the pledging at Mr. Attenborough's of the plate, or of the furniture given to Murray—I have never received the proceeds of the bills given on 16th and 17th November.</p>
<hi rend="italic">Cross-examined.</hi> I was a party to the offer to Budget in 1870; I did not know that he was entered as a debtor for 200
<hi rend="italic">l</hi>.—I am informed of it now—I have given no indemnity for the costs of this prosecution; Messrs. Miller are my ordinary solicitors, but I was dealing with many solicitors—the estate book will show what I have received; I think it is about 600
<hi rend="italic">l</hi>.—I have paid no dividend to the creditors.</p>
<hi rend="italic">Re-examined.</hi> The committee of creditors approved of the proceedings before they were taken.</p>
<rs id="t18770108-151-verdict-1" type="verdictDescription">
<interp inst="t18770108-151-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-151-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">on the First and Fourth Counts</hi> </rs>
<hi rend="italic">
<rs id="t18770108-151-punishment-2" type="punishmentDescription">
<interp inst="t18770108-151-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18770108-151-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-151-18770108 t18770108-151-punishment-2"/>Nine Months' Imprisonment'</rs> </hi> (
<hi rend="italic">See page</hi> 283.)</p> </div1>
<div1 type="trialAccount" id="t18770108-152">
<interp inst="t18770108-152" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-152" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-152-charge-1" targOrder="Y" targets="def1-152-18770108 t18770108-152-offence-1 t18770108-152-verdict-1"/>
<persName id="def1-152-18770108" type="defendantName">
<interp inst="def1-152-18770108" type="gender" value="male"/>
<interp inst="def1-152-18770108" type="age" value="40"/>
<interp inst="def1-152-18770108" type="surname" value="HURT"/>
<interp inst="def1-152-18770108" type="given" value="FRANCIS"/>
<hi rend="largeCaps">FRANCIS HURT</hi> (40)</persName>
<rs id="t18770108-152-offence-1" type="offenceDescription">
<interp inst="t18770108-152-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18770108-152-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>,
<hi rend="smallCaps">
<rs id="t18770108-152-verdict-1" type="verdictDescription">
<interp inst="t18770108-152-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-152-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to stealing 50 yards of cloth and other articles, of
<persName id="t18770108-name-36" type="victimName">
<interp inst="t18770108-name-36" type="gender" value="male"/>
<interp inst="t18770108-name-36" type="surname" value="DIBBEN"/>
<interp inst="t18770108-name-36" type="given" value="GEORGE WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-152-offence-1 t18770108-name-36"/>George William Dibben</persName> and another, his masters, </rs>
<hi rend="italic">who strongly recommended him to mercy—
<rs id="t18770108-152-punishment-3" type="punishmentDescription">
<interp inst="t18770108-152-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18770108-152-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-152-18770108 t18770108-152-punishment-3"/>Eight Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18770108-153">
<interp inst="t18770108-153" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-153" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-153-charge-1" targOrder="Y" targets="def1-153-18770108 t18770108-153-offence-1 t18770108-153-verdict-1"/>
<persName id="def1-153-18770108" type="defendantName">
<interp inst="def1-153-18770108" type="gender" value="male"/>
<interp inst="def1-153-18770108" type="age" value="40"/>
<interp inst="def1-153-18770108" type="surname" value="YORSTON"/>
<interp inst="def1-153-18770108" type="given" value="CHARLES PEARSON"/>
<hi rend="largeCaps">CHARLES PEARSON YORSTON</hi> (40)</persName>
<rs id="t18770108-153-offence-1" type="offenceDescription">
<interp inst="t18770108-153-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18770108-153-offence-1" type="offenceSubcategory" value="embezzlement"/>, to embezzling an order for 6
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>., of
<persName id="t18770108-name-38" type="victimName">
<interp inst="t18770108-name-38" type="gender" value="male"/>
<interp inst="t18770108-name-38" type="surname" value="EMANUEL"/>
<interp inst="t18770108-name-38" type="given" value="LEWIS"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-153-offence-1 t18770108-name-38"/>Lewis Emanuel</persName> and another, and feloniously forging and uttering an indorsoment upon the same</rs>
<rs id="t18770108-153-punishment-4" type="punishmentDescription">
<interp inst="t18770108-153-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18770108-153-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-153-18770108 t18770108-153-punishment-4"/>
<hi rend="italic">Twelve Months' Imprisonment.</hi> </rs>
<rs id="t18770108-153-verdict-1" type="verdictDescription">
<interp inst="t18770108-153-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-153-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> And</p> </div1>
<div1 type="trialAccount" id="t18770108-154">
<interp inst="t18770108-154" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-154" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-154-charge-1" targOrder="Y" targets="def1-154-18770108 t18770108-154-offence-1 t18770108-154-verdict-1"/>
<persName id="def1-154-18770108" type="defendantName">
<interp inst="def1-154-18770108" type="gender" value="male"/>
<interp inst="def1-154-18770108" type="age" value="28"/>
<interp inst="def1-154-18770108" type="surname" value="SMITH"/>
<interp inst="def1-154-18770108" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES SMITH</hi> (28)</persName>
<rs id="t18770108-154-offence-1" type="offenceDescription">
<interp inst="t18770108-154-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18770108-154-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing a basket and 100 dead fish, of
<persName id="t18770108-name-40" type="victimName">
<interp inst="t18770108-name-40" type="gender" value="male"/>
<interp inst="t18770108-name-40" type="surname" value="LAYER"/>
<interp inst="t18770108-name-40" type="given" value="JOHN LAST"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-154-offence-1 t18770108-name-40"/>John Last Layer</persName>, having been convicted of felony at Newington in June, 1870**—</rs>
<rs id="t18770108-154-punishment-5" type="punishmentDescription">
<interp inst="t18770108-154-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18770108-154-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-154-18770108 t18770108-154-punishment-5"/>
<hi rend="italic">One Month's Imprisonment, his former sentence not having expired.</hi> </rs>
<rs id="t18770108-154-verdict-1" type="verdictDescription">
<interp inst="t18770108-154-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-154-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18770108-155">
<interp inst="t18770108-155" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-155" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-155-charge-1" targOrder="Y" targets="def1-155-18770108 t18770108-155-offence-1 t18770108-155-verdict-1"/>
<persName id="def1-155-18770108" type="defendantName">
<interp inst="def1-155-18770108" type="gender" value="female"/>
<interp inst="def1-155-18770108" type="age" value="54"/>
<interp inst="def1-155-18770108" type="surname" value="NEWTON"/>
<interp inst="def1-155-18770108" type="given" value="MARTHA"/>
<hi rend="largeCaps">MARTHA NEWTON</hi> (54)</persName>
<rs id="t18770108-155-offence-1" type="offenceDescription">
<interp inst="t18770108-155-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18770108-155-offence-1" type="offenceSubcategory" value="bigamy"/>, Feloniously marrying
<persName id="t18770108-name-42" type="victimName">
<interp inst="t18770108-name-42" type="gender" value="male"/>
<interp inst="t18770108-name-42" type="surname" value="WOOD"/>
<interp inst="t18770108-name-42" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-155-offence-1 t18770108-name-42"/>Charles Wood</persName>, her husband
<persName id="t18770108-name-43" type="victimName">
<interp inst="t18770108-name-43" type="gender" value="male"/>
<interp inst="t18770108-name-43" type="surname" value="NEWTON"/>
<interp inst="t18770108-name-43" type="given" value="EDGAR"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-155-offence-1 t18770108-name-43"/>Edgar</persName> being alive.</rs> </p>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-44" type="witnessName">
<interp inst="t18770108-name-44" type="gender" value="male"/>
<interp inst="t18770108-name-44" type="surname" value="BARTLEY"/>
<interp inst="t18770108-name-44" type="given" value="FRANCIS"/>FRANCIS BARTLEY</persName> </hi>. I live at 19, Charles Street, Cavendish Square—I remember the prisoner in the name of Martha Bedford, at Hill Street, Walworth, nineteen or twenty years ago; she was not married then—I was present at Twickenham parish church, in 1857, when she was married to Edgar Newton—I was one of the witnesses—she was lodging with me at the time, off and on—I only knew Newton by his visiting her at my lodgings; he was an engineer—I lost sight of him and I understand that he got into trouble and was sent to penal servitude for forgery, the same year as the marriage, I believe—I was present at the parish church of Mortlake, on 21st May, 1871, when the prisoner was married to Charles Wood—I saw her before the second marriage and she told me that she had not seen her husband for fifteen years, and had not heard of him for four years.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-45" type="witnessName">
<interp inst="t18770108-name-45" type="gender" value="female"/>
<interp inst="t18770108-name-45" type="surname" value="BARTLEY"/>
<interp inst="t18770108-name-45" type="given" value="CATHERINE"/>CATHERINE BARTLEY</persName> </hi>. I am the wife of the last witness—I remember the prisoner being married and her husband being sent away for forgery—I remember his coming back from serving his time, and I saw him once, that was about five years ago—I saw the prisoner after her husband came back and told her that I had seen him—he called to see me and said that he would call again, but he never did—he said nothing to me about her—I was at the church at the second marriage, but not as a witness—I saw</p>
<xptr type="pageFacsimile" doc="187701080010"/>
<p>Newton after that and I told him I thought he was dead as Mrs. Newton had not seen him for four years—I have heard Newton say that the prisoner was no wife of his as he had a wife and children of his own.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. When I saw him five years ago it was after the second marriage in 1871—I cannot tell you the year or the time—I also saw him soon after he came home from Australia; he was away ten years—it was some time between 1867 and 1871.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-46" type="witnessName">
<interp inst="t18770108-name-46" type="gender" value="male"/>
<interp inst="t18770108-name-46" type="surname" value="ROOTS"/>
<interp inst="t18770108-name-46" type="given" value="THOMAS"/>THOMAS ROOTS</persName> </hi> (
<hi rend="italic">Detective Sergeant</hi>). On 19th December I took the prisoner at Willoughby Villa, Upper Norwood—I told her the charge, she said that Newton was married before he married her, that she had seen him three times since the marriage, but that it had never been consummated—I produce certified copies of two marriage certificates, one dated 25th May, 1857, and the other 20th May, 1871, on which date the prisoner is described as a widow.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. The case came to us from a lady writing to the Commissioner, stating that the prisoner was a bigamist and a public impostor and pressing me to find the witnesses.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-47" type="witnessName">
<interp inst="t18770108-name-47" type="gender" value="male"/>
<interp inst="t18770108-name-47" type="surname" value="WOOD"/>
<interp inst="t18770108-name-47" type="given" value="CHARLES"/>CHARLES WOOD</persName> </hi>. I am a professor of music, of 14, Great Quebec Street—I married the prisoner on 20th May, 1871, at Marylebone Church, but did not cohabit with her—we made appointments to meet each other—on 15th or 16th May, 1872, she came across from the Metropolitan station in great excitement and said "That fellow Newton is following me, I cannot stay"—I said "You mentioned the name of Newton, that is your own name, and I understood you were a widow"—she said "I considered myself a widow, but I have had an interview with Newton and he tells me he was married before he married me"—I then ceased to meet her—I endeavoured to save money to get a divorce, but found it impossible, and a detective came to me with the certificate—I made no communication to the police—the prisoner represented herself to me as a widow, and to a friend of mine also.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> You wrote me letters importuning me to help you, which I did; but since 1873 I did not hear of you, and then you asked me to lend you some money, and you gave me an I O U for it.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-48" type="witnessName">
<interp inst="t18770108-name-48" type="gender" value="male"/>
<interp inst="t18770108-name-48" type="surname" value="BEECHEY"/>
<interp inst="t18770108-name-48" type="given" value="JOHN"/>JOHN H. BEECHEY</persName> </hi>. I am an attendant at the Registrar-General's Office, Somerset House—I have searched the marriage registers, from May, 1867, back to 1837, and find no trace of the marriage of Edgar Newton, the name does not occur once.</p>
<hi rend="italic">Prisoner's Defence.</hi> Before I married this gentleman I explained very clearly what position I was in. He said that he had a wife living, but he was not going to criminate himself. I do not think Mr. Wood is the actual prosecutor, he always said that he would never appear against me. I did not take his name or make the marriage known.</p>
<hi rend="italic">The Prisoner also handed in a written statement to the same effect.</hi> </p>
<rs id="t18770108-155-verdict-1" type="verdictDescription">
<interp inst="t18770108-155-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-155-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.
<hi rend="italic">Strongly recommended to mercy by the Jury</hi> </rs>
<hi rend="italic">
<rs id="t18770108-155-punishment-6" type="punishmentDescription">
<interp inst="t18770108-155-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18770108-155-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-155-18770108 t18770108-155-punishment-6"/>One Day's Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, January</hi> 8
<hi rend="italic">th</hi>, 1877.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18770108-156">
<interp inst="t18770108-156" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-156" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-156-charge-1" targOrder="Y" targets="def1-156-18770108 t18770108-156-offence-1 t18770108-156-verdict-1"/>
<persName id="def1-156-18770108" type="defendantName">
<interp inst="def1-156-18770108" type="gender" value="male"/>
<interp inst="def1-156-18770108" type="age" value="42"/>
<interp inst="def1-156-18770108" type="surname" value="LEVY"/>
<interp inst="def1-156-18770108" type="given" value="LOUIS"/>
<hi rend="largeCaps">LOUIS LEVY</hi> (42)</persName>
<rs id="t18770108-156-offence-1" type="offenceDescription">
<interp inst="t18770108-156-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18770108-156-offence-1" type="offenceSubcategory" value="coiningOffences"/>,
<hi rend="smallCaps">
<rs id="t18770108-156-verdict-1" type="verdictDescription">
<interp inst="t18770108-156-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-156-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to unlawfully having in his possession a mould for coining**—</rs>
<hi rend="italic">
<rs id="t18770108-156-punishment-7" type="punishmentDescription">
<interp inst="t18770108-156-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18770108-156-punishment-7" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-156-18770108 t18770108-156-punishment-7"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18770108-157">
<interp inst="t18770108-157" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-157" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-157-charge-1" targOrder="Y" targets="def1-157-18770108 t18770108-157-offence-1 t18770108-157-verdict-1"/>
<persName id="def1-157-18770108" type="defendantName">
<interp inst="def1-157-18770108" type="gender" value="male"/>
<interp inst="def1-157-18770108" type="age" value="23"/>
<interp inst="def1-157-18770108" type="surname" value="COOK"/>
<interp inst="def1-157-18770108" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD COOK</hi> (23)</persName>
<rs id="t18770108-157-offence-1" type="offenceDescription">
<interp inst="t18770108-157-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18770108-157-offence-1" type="offenceSubcategory" value="wounding"/>, Unlawfully assaulting
<persName id="t18770108-name-51" type="victimName">
<interp inst="t18770108-name-51" type="gender" value="male"/>
<interp inst="t18770108-name-51" type="surname" value="LAMBERT"/>
<interp inst="t18770108-name-51" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-157-offence-1 t18770108-name-51"/>Edward Lambert</persName>, and inflicting grievous bodily harm.
<hi rend="italic">Other Counts</hi>—for assaulting other persons, constables, in the execution of their duty.</rs> </p>
<xptr type="pageFacsimile" doc="187701080011"/>
<hi rend="italic">The facts of this case are fully reported in the last Sessions Paper in the case of Conway and others, p.</hi> 222,
<hi rend="italic">when the same witnesses were examined both for the prosecution and defence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18770108-157-verdict-1" type="verdictDescription">
<interp inst="t18770108-157-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18770108-157-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, January</hi> 9
<hi rend="italic">th</hi>, 1877.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18770108-158">
<interp inst="t18770108-158" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-158" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-158-charge-1" targOrder="Y" targets="def1-158-18770108 t18770108-158-offence-1 t18770108-158-verdict-1"/>
<join result="criminalCharge" id="t18770108-158-charge-2" targOrder="Y" targets="def2-158-18770108 t18770108-158-offence-2 t18770108-158-verdict-1"/>
<persName id="def1-158-18770108" type="defendantName">
<interp inst="def1-158-18770108" type="gender" value="male"/>
<interp inst="def1-158-18770108" type="age" value="28"/>
<interp inst="def1-158-18770108" type="surname" value="APPLEBY"/>
<interp inst="def1-158-18770108" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY APPLEBY</hi> </persName> was again indicted
<rs id="t18770108-158-offence-1" type="offenceDescription">
<interp inst="t18770108-158-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18770108-158-offence-1" type="offenceSubcategory" value="bankrupcy"/>(
<hi rend="italic">See page</hi> 275), for unlawfully preventing the introduction of certain documents relating to his bankruptcy.
<hi rend="italic">Other Counts</hi>—for making false documents and concealing the true state of his affairs. And </rs>
<persName id="def2-158-18770108" type="defendantName">
<interp inst="def2-158-18770108" type="gender" value="male"/>
<interp inst="def2-158-18770108" type="surname" value="BROWN"/>
<interp inst="def2-158-18770108" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES BROWN</hi> </persName>
<rs id="t18770108-158-offence-2" type="offenceDescription">
<interp inst="t18770108-158-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18770108-158-offence-2" type="offenceSubcategory" value="bankrupcy"/> unlawfully aiding and abetting him in the commission of the said misdemeanors.
<hi rend="italic">Other Counts</hi>, charging both defendants with conspiring with one Budget, with a like intent.</rs> </p>
<hi rend="smallCaps">THE SOLICITOR-GENERAL</hi>
<hi rend="italic">with</hi>
<hi rend="smallCaps">MESSRS. BESLEY</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">J. P. GRAIN</hi>
<hi rend="italic">conducted the Prosecution;</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>
<hi rend="italic">appeared for Appleby, and</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">for Brown.</hi> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-54" type="witnessName">
<interp inst="t18770108-name-54" type="gender" value="male"/>
<interp inst="t18770108-name-54" type="surname" value="SPARKES"/>
<interp inst="t18770108-name-54" type="given" value="RICHARD"/>RICHARD SPARKES</persName> </hi>. I am a clerk in the Record Department of the Bankruptcy Court, London—I produce the file of proceedings relating to the bankruptcy of Henry Appleby; they are in 4 volumes—the petition of the creditor is dated 28th November, 1874—the petitioning creditors are Joseph and Herbert Bangs—the adjudication is dated 18th December, 1874—the appointment of Mr. Leatherdale as a trustee, is 14th January, 1875—a statement of affairs was filed on 4th March, 1875—on the liability side of the balance sheet, the unsecured creditors are stated at 645
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>.; secured creditors, 800
<hi rend="italic">l</hi>.; 950
<hi rend="italic">l</hi>. is given as the value of the security; there is a credit of 150
<hi rend="italic">l</hi>., leaving a total of 950
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>.—Mr. Joseph Brown is put down as the secured creditor on sheet B: "Mr. Joseph Brown, mortgage of lease of part of premises, a bill of sale on stock, fixtures, and furniture on premises 47, Mortimer Street, Cavendish Square, estimated value of security 950
<hi rend="italic">l</hi>., amount of debt 800
<hi rend="italic">l</hi>."—on the asset side of the account the stock in trade is in blank; under the head of "book debts," it is estimated to produce 27
<hi rend="italic">l</hi>.; cash in hand, blank; bills of exchange, 265
<hi rend="italic">l</hi>.; furniture, fixtures, and fittings, blank; property as per list G, blank; the 150
<hi rend="italic">l</hi>. surplus is brought in again on that side of the account; the total assets are put down as 442
<hi rend="italic">l</hi>.—under letter J, the items of 265
<hi rend="italic">l</hi>. in the balance sheet as assets refers to an acceptance of A. E. S. Budget, of 182, Stamford Street, and an I O U for 250
<hi rend="italic">l</hi>. and 15
<hi rend="italic">l</hi>.,. making the 265
<hi rend="italic">l</hi>.—there are two examinations of the bankrupt, and one of Brown—there is a cash account filed on 23rd June, 1875, also a paper headed "Statement of account," represented by cheque, counterfoils, bankers pass-books and bills in the matter of Appleby," in a lady's handwriting—this is an office copy—there is an entry of October 1st, 50
<hi rend="italic">l</hi>., but that is struck off, disallowed by the Registrar.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. I cannot tell by whom these alterations were made; I merely produce the papers—certain sums have been disallowed—I believe this account has been carried out after the appeal to the Lords Justices.</p>
<hi rend="italic">Re-examined.</hi> There is an affidavit of Joseph Brown, filed on 18th February, 1875. (
<hi rend="italic">This was in substance a denial of the allegations made by</hi> </p>
<xptr type="pageFacsimile" doc="187701080012"/>
<hi rend="italic">Budget in his affidavit</hi>)
<hi rend="smallCaps">THE SOLICITOR-GENERAL</hi>
<hi rend="italic">proposed to read Budget affidavit on the ground, that it was a written statement brought to Brown's attention, which Brown purported in part to deny; there was no value attaching to the fact of its being an affidavit, it must be regarded as a mere letter or conversation, and on that ground he tendered it as evidence.</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>
<hi rend="italic">objected, it contained a vast number of other matters than those referred to in Brown's affidavit, in which Budget gave his own account of transactions in which he was deeply implicated, throwing the onus of whatever guilt there might be on others. He contended that the fad of its being an affidavit used in the course of legal proceedings was an important element of objection, as it would not admit of contradiction or cross-examination at the time it was used, and it was therefore deprived of the protection which would be accorded to a mere statement; he had never before heard a matter of this kind contended for, and he submitted that it was not evidence. The Recorder. "I really cannot distinguish this from an ordinary case of a letter which is brought to the knowledge of a person who has read and considered it, and who deals with particular parts of it. As to those particular parts, it is quite clear they could not be excluded, and I do not see how one part can be excluded and the other part admitted. I think the whole must be admitted, at the same time the Jury must be told that they are not to take it as evidence of facts stated which are not dealt with by the defendant.</hi>" I have the original affidavit sworn on 30th January, 1875, and 16th February. (
<hi rend="italic">The affidavit of</hi> 30
<hi rend="italic">th January was read, also that of</hi> 16
<hi rend="italic">th February by consent; in sub
<lb/>stance they charged the defendants with concocting papers in order to make the debt due to Brown much larger than it was, and with using certain old stamps for the purpose of carrying out the fraud.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18770108-name-55" type="witnessName">
<interp inst="t18770108-name-55" type="gender" value="male"/>
<interp inst="t18770108-name-55" type="surname" value="SNELL"/>
<interp inst="t18770108-name-55" type="given" value="GEORGE BLAGRAVE"/>GEORGE BLAGRAVE SNELL</persName> </hi>. I am one of the shorthand writers to the Court of Bankruptcy—on 16th March, 1875, I took shorthand notes of the examination of the defendant Brown—I made a transcript, which is on the file. (
<hi rend="italic">This was put in and read at length</hi>)</p>
<hi rend="smallCaps">
<persName id="t18770108-name-56" type="witnessName">
<interp inst="t18770108-name-56" type="gender" value="male"/>
<interp inst="t18770108-name-56" type="surname" value="MEAD"/>
<interp inst="t18770108-name-56" type="given" value="GEORGE EDWARD"/>GEORGE EDWARD MEAD</persName> </hi>. I am a solicitor, of 5, Jermyn Street, St. James's—Mr. James Passmore, chemist, of 82, King's Road, Chelsea, is a client of mine—on 26th November he came to me about purchasings business—he came a second time with a letter—on 27th November Budget and Brown called together at my office; they had previously made an appointment—Brown produced the lease of the premises—47, Mortimer Street, Cavendish Square, also an assignment on parchment of one Griffith to Appleby—they are not here, they were either left at the police-court or they are at my office; if they are there I can fetch them—Brown did not produce a memorandum of deposit of the bill of sale; he told me that he had a memorandum of deposit; I did not ask him to produce it then, but I did ask him to produce the bill of sale; he said he had it not with him; I asked him why, and he handed me some document which showed me that an interpleader was going on; it was a receipt for money paid into Court—on looking at that I said if there was no difficulty about it, Appleby and Brown could make a title together, but I should want Appleby present—Budgett replied that he would not attend—I said "Then you need not go any further; you need not put my client to any further expense"—I said to Brown if he had a legal mortgage we could have done without Appleby—they then left and I did not expect to see them again that day, because I insisted on Appleby being present to execute any deed that might be wanted—I don't think Brown said anything</p>
<xptr type="pageFacsimile" doc="187701080013"/>
<p>when I said if he had a legal mortgage we could have done without Appleby—Budget assured me, in Brown's presence, that there was no chance of Appleby being bankrupt, and it was that which brought up my remark that in that case we could take a title from Brown without Appleby—I asked how much was owing; I don't recollect what Brown said, but it was at least 100
<hi rend="italic">l</hi>. more than Passmore was to have given—later in the day, about 3 o'clock, Brown and Budgett came—to my office, quite contrary to my expectation, and brought the bill of sale—Passmore was with me in my private office, and I went to them in the clerks' office, where Brown handed me this bill of sale, dated 2nd July, 1874, that was the date outside, I did not look within—I took it into my private office and was proceeding to make some extracts when my clerk brought in a message that Brown wanted to see me—I then went into the clerks' office to Brown and he said he could not wait any longer, and he did not intend me to make extracts from it; I said "Then if you will not allow me to do it, you must send me an abstract in the usual way," and I gave him the bill of sale back—he said he was trying to oblige me—I said I supposed he was wanting to sell the place; he said he did not care about it; I said if it went on he must send me the abstract in the usual way—at that time no other document than the bill of sale was produced—on 4th December Budget left the bill of sale in my absence, and on 5th December Brown called alone, he then said that he had a legal mortgage—I said I should proceed no further with the business until I had a copy of both legal and equitable mortgages—he did not say anything to that, he went away, he did not say whether or not he would send them—on 8th December I received a copy of the legal mortgage with two equitable mortgages—these are them, they were either left at the police-court or are at my office—I don't know how they came to me; I know that they did come to my office by the entry in my diary—these (
<hi rend="italic">produced</hi>) are the documents, copies of which were sent to me. (
<hi rend="italic">These three documents were put in and read, the first was dated</hi> 27
<hi rend="italic">th April</hi>, 1874,
<hi rend="italic">and was a memorandum of deposit by Appleby to Brown of the lease of</hi> 47,
<hi rend="italic">Mortimer Street, as security, witnessed by Budget; the second was a legal mortgage, dated November</hi> 6
<hi rend="italic">th</hi>, 1874;
<hi rend="italic">and the third dated</hi> 1
<hi rend="italic">st December</hi>, 1874,
<hi rend="italic">was a mortgage from Appleby to Brown.</hi>) On 5th December I first heard of the legal mortgage—I had never heard of the other two documents—I saw Budget on or about 10th December, and after Borne conversation with him Brown called again; he then inquired how the matter stood; I replied that I had heard of bankruptcy proceedings being taken against Appleby, and that I could not go on any further with it until they were got rid of, that if they were got rid of my client would resume negotiations at some future time if he had not already met with some other business—I don't think I saw him again before 21st December; he then called and told me that Appleby had been adjudicated bankrupt and asked for the copies that he had sent me, which I then returned, having previously had copies made of them—after the bankruptcy I acted for Mr. Passmore in purchasing the business from the trustee—I don't recollect what was given for it; if I have to fetch the other documents I can bring the deed with me—my experience of stamps is not that the document of 6th November is the only paper on which the stamp was impressed on the paper before it was written on that—the documents of 27th April and 1st December had their stamps impressed on them after being written; we know that you may buy impressed stamps,</p>
<xptr type="pageFacsimile" doc="187701080014"/>
<p>in fact stationers generally keep them in stock, impressed as this is, unless there has been any recent alteration—it does not follow that this was stamped before it was executed—when I was examined before I thought the red stamp was put on after the paper was written, but I have found since that I am continually sending documents to be stamped, and I find that these pink stamps are put on them before they are executed—up to a certain amount they stamp the documents while the persons wait, and they have a pink stamp similar to this—the date is put on whether the stamp is put on before or after execution, showing the day they are stamped.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. I do not keep stamps in my office; I may buy half a dozen sixpenny stamps perhaps; I do not keep any of any amount—I should not think attorneys in London keep stamps; it may be so in the country.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-57" type="witnessName">
<interp inst="t18770108-name-57" type="gender" value="male"/>
<interp inst="t18770108-name-57" type="surname" value="PASSMORE"/>
<interp inst="t18770108-name-57" type="given" value="JAMES"/>JAMES PASSMORE</persName> </hi>. I am a chemist and druggist, in King's Road, Chelsea—I know Budget—some time in October I had negotiations through him with regard to a business at 47, Mortimer Street, Cavendish Square—up to the time of my going with Budget to Mr. Mead I had not seen Appleby—I went to Mortimer Street to see the business; I found Budget there—we came to terms, and I arranged the amount I was to pay, 600
<hi rend="italic">l</hi>.—after arranging the price, I went to Mr. Mead on the 26th or 27th, and found Brown and Budget there—I was in Mr. Mead's private office when he was copying a document; after that interview Budget called on me—I after wards saw Mr. Mead, and subsequently I went to Budget and saw the matter put an end to—after the bankruptcy, the negotiation was resumed; it ended in my buying it of the trustee for 600
<hi rend="italic">l</hi>., I then received the docu
<lb/>ments which Mr. Mead will produce.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-58" type="witnessName">
<interp inst="t18770108-name-58" type="gender" value="male"/>
<interp inst="t18770108-name-58" type="surname" value="JEFFREY"/>
<interp inst="t18770108-name-58" type="given" value="JAMES"/>JAMES JEFFREY</persName> </hi>. I am a builder; I have known Brown about three years—on 6th November, 1874, I saw him at Peckham Eye, by appointment—I first saw him at the Vivian Hotel—Budget was with him—I complained to Brown of his bringing him; I asked why he brought him—he said that Budget and Appleby had been up to his house in the Brecknock Road to do some business that morning, to pay him some money, and that he had after wards met with him in the Holloway Road, and he could not then get rid of him—Brown had come down for my brother to sign a mortgage—after we left the Vivian Hotel, going down the Eton Road, Budget said to Brown "Now, Mr. Brown, what is it that Appleby owes you, is it not" 120
<hi rend="italic">l</hi>."—he said "Oh, yes; that's about it, anything you like; you have had your answer"—Budget had some bank notes in his hands, I believe to the amount of 40
<hi rend="italic">l</hi>. or 50
<hi rend="italic">l</hi>., I could not say positively, but he had several notes, he was flourishing them about, and Brown snatched them away from him, and handed them to me, and I merely said "Good morning, Mr. Budget" and I put them in my pocket, and ran into the buildings there, just for a lark, for a few minutes—at a later period of the day, I was at Anderton's Hotel with Brown and Budget—Budget again asked him, as he had at Peckham, what the amount was, whether it was not 120
<hi rend="italic">l</hi>., or what it was that it was owing—Brown replied "You have had your answer to-day already"—while at Peckham, Brown mentioned that Mr. Brain and Mr. Budget had been at variance, but he said he had nothing to say against Appleby and Budget, that they had paid him honourably so far as they had got, or words to that effect—I think Brown said that Appleby and Budget had paid 400
<hi rend="italic">l</hi>. that morning in bills, not in cash—Budget was the one that mentioned the 120
<hi rend="italic">l</hi>.—I don't remember being at 66, Ludgate Hill, that</p>
<xptr type="pageFacsimile" doc="187701080015"/>
<p>day—I have met Brown and Brain there on several occasions—I remember something about some stamps; I can't tell the date of that, I have no idea—I hare tried repeatedly to remember the date, and I cannot—I have nothing to fix my memory; it was in the year 1874; I could not tell whether it was before or after the execution of the deed by my brother at Peckham Rye—it was within a few weeks—when I came in to 66, Brown and Brain were in the outer office; it is a long room, and they were at the other end in conversation—Brain said, I think "Oh, no; it was nothing particular, sit down"—I sat down inside the door, and I heard some con
<lb/>versation in reference to some old bill stamp, as I thought—I heard some thing, as I understood, about the sheriff or a bailiff being in at Appleby's—it was a broken conversation, but I heard mention of something about an old stamp, about getting the brokers out, or something of that—I said I had an old stamp at home, if it was any use they might have it, it was no use to me; it was one, two, or three years old—I could not give the exact words, it is over two years ago—the first I heard was about the sheriff or broker being in at Appleby's, and something was then said about an old stamp, but I really cannot give the whole conversation; it was a general conversation between Brown and Brain—I believe it was Brain who said some
<lb/>thing about the old stamp—I am not certain—something was said about an old stamp, about getting them out, or something to that effect—I understood it meant getting the sheriff or the broker out—I don't know how the stamp was to get the sheriff out—I heard Brain say, in reply, "You are all right,. I have an old stamp," or an old bill stamp, or something to that effect, to Mr. Brown, that was after I had offered to let them have the old stamp I had if it was of any service, as it was no use to me—all I know is that I heard a something about their being got out, and the only way they could be got out was by an old stamp or something; I can't say who said that, whether it was Brown or Brain—Brown said that he had made 2
<hi rend="italic">l</hi>. of one old stamp, that was when I offered my old stamp—Brown thanked me, and said he had got some, and had sold one for 2
<hi rend="italic">l</hi>.—I heard Appleby's name mentioned, and something about the brokers, I really can't tell you what it was; it was a broken conversation—it was a very long room—I was sitting near the door, and Brown and Brain were at the other end of the room, and since I had a cold, I have been a little deaf—I heard a portion of the con
<lb/>versation; I heard the brokers or sheriff mentioned—I heard nothing else particular that I remember—I don't know that I heard anything more—
<hi rend="italic">I.</hi> won't pledge myself to it; it does not strike me just at present; if you will ask me anything I will try and remember—I was examined before the Magistrate.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SERJEANT BALLANTINE</hi>. Mr. Budget first com
<lb/>municated with me about the case—he did not tell me that I would be wanted as a witness—I met him one day in Fleet Street—he told me that. Brown had refused to lend him 5
<hi rend="italic">l</hi>., and he was going to get something
<hi rend="italic">warm</hi> for him, and that was when I mentioned to him about this affair at Ludgate Hill.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi> I knew Budget well—when this conversation about the 120
<hi rend="italic">l</hi>. occurred Budget was drunk, or, rather drunk, they were very jocular, having a bit of fun, it was not an uncommon thing for Budget to be drunk.</p>
<hi rend="italic">Re-examined.</hi> When I met Budget in Fleet Street I had been wating to see him for some time, because Brown told me that Budget had had</p>
<xptr type="pageFacsimile" doc="187701080016"/>
<p>something to say against me; to him, and I asked Budget what he had to say to Brown about me—he denied that he had ever said anything, but he said it was the other way, that Brown had been saying some very hard things against me, and then he rapped out with an oath "I will do something for him, I wanted to borrow 5
<hi rend="italic">l</hi>. or 6
<hi rend="italic">l</hi>., and the d——scamp said he would not lend me 5
<hi rend="italic">d</hi>."—he then went on to say he would get up something
<hi rend="italic">warm</hi> for him in reference to Appleby's matter, and I said "Oh, Mr. Brown does not care for you or me or anyone else"—he said "Oh, I can get up something pretty
<hi rend="italic">warm</hi> for him, something about some old bill of sale"—I said "Well, I heard some conversation at Ludgate Hill, but I could not give you the whole of it, but I heard something about some old stamp's or bill of sale," and I offered him one, and he slapped his hand on his thigh and said "That is what I want, some confirmatory evidence, will you go with me to Piesse?"—I said "No, I will have nothing to do with it"—he asked me repeatedly, and at last I went with him to Piesse—that was all the conversation I had with him—the stamp I offered him was produced at the Bankruptcy Court after my examination—I made an affidavit in the Bankruptcy Court—I think that was early in 1875, I don't remember the date—I think I have been thirty-three days in this case—I don't quite remember the whole of the conversation about the stamp.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-59" type="witnessName">
<interp inst="t18770108-name-59" type="gender" value="male"/>
<interp inst="t18770108-name-59" type="surname" value="REEVES"/>
<interp inst="t18770108-name-59" type="given" value="JOHN FOSTER"/>JOHN FOSTER REEVES</persName> </hi>. I am a surgeon, and live at 46, Great Marlborough Street—in consequence of an advertisement in the "Telegraph "I sent a letter in October, 1874, to 260, Tottenham Court Road, and afterwards went to the premises and found a chemist's business carried on there—the name of Appleby was over the door—I saw Budget there; after two or three days I saw Appleby there, he talked on general business, and said I could deal with Mr. Budget—I negotiated the purchase of the business with Budget, and saw him from time to time on the subject—an arrange was made that I was to buy the business for 750
<hi rend="italic">l</hi>., the arrangement was finally settled on 24th October, 1874; and this cheque for 50
<hi rend="italic">l</hi>. was given on that day; on the same day these three bills of exchange were given, one for 50
<hi rend="italic">l</hi>. at one month, accepted by me at Martin's, my bankers endorsed by Appleby and Budget, and afterwards by Brown; that was paid on maturity, on 27th November—I gave it to Budget—the bills were brought to me ready prepared and I signed them; another bill is for 150
<hi rend="italic">l</hi>., at three months, accepted and endorsed in the same way, and the other for 250
<hi rend="italic">l</hi>., at six months—the two last were met by me before maturity, I think in January—they were in Brown's hands when I paid them—I don't remember when I gave this cheque for 100
<hi rend="italic">l</hi>., dated 10th November; both these are my cheques, dated 10th and 17th November respectively—I forget whether I parted with them at the same time as the acceptances, I have no memorandum, but I think I exchanged them, I think I gave one large cheque and then altered it and gave the two cheques and got back the one—the final payment was made by me on the cheque on 16th November; and on that day I accepted this bill for 50
<hi rend="italic">l</hi>.—I destroyed the large cheque after I got it back, it was for 300
<hi rend="italic">l</hi>. or 400
<hi rend="italic">l</hi>., I forget which—very likely the two cheques for 100
<hi rend="italic">l</hi>. and 150
<hi rend="italic">l</hi>. and the bill for 50
<hi rend="italic">l</hi>. were given in exchange for that large cheque, but I really can't say positively, the lost bill for 50
<hi rend="italic">l</hi>. I took up on 19th December.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. All the bills were given to Budget—the bill of 16th November was returned from my bankers in consequence of the signature not being my usual signature; I corrected it the same day and that was paid.</p>
<xptr type="pageFacsimile" doc="187701080017"/>
<hi rend="smallCaps">
<persName id="t18770108-name-60" type="witnessName">
<interp inst="t18770108-name-60" type="gender" value="male"/>
<interp inst="t18770108-name-60" type="surname" value="BUCK"/>
<interp inst="t18770108-name-60" type="given" value="JAMES STARTEN"/>JAMES STARTEN BUCK</persName> </hi>. I am managing clerk to T. F. Peacock, solicitor, of 12, South Square, Gray's Inn, he was acting for Messrs. Bangs, the builders, in the action against Appleby—on 7th November, 1874, I served the writ—I saw Appleby near the premises, Mr. Bangs pointed him out to me, and said "That is the gentleman you have to serve with the writ"—I handed him the writ and asked him if it was correct; he said quite—we then adjourned to a refreshment-house close by at the invitation of Appleby, and had I believe some whiskey and water—when we were there Appleby produced a cheque, similar to one of these, and said "There is the money, he was able to pay, but as Mr. Bangs had been at the trouble to institute proceedings against him he might get the money as best he could—we afterwards proceeded and got the judgment that has been produced.</p>
<hi rend="italic">W. C. Herring repeated his former evidence. (See page</hi> 276).
<hi rend="italic">Richard Shepherd produced judgment obtained against Appleby for 681.</hi> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-61" type="witnessName">
<interp inst="t18770108-name-61" type="gender" value="male"/>
<interp inst="t18770108-name-61" type="surname" value="MEAD"/>
<interp inst="t18770108-name-61" type="given" value="GEORGE EDWARD"/>GEORGE EDWARD MEAD</persName> </hi> (
<hi rend="italic">re-examined</hi>). I have now got the deeds; the first is a lease, dated 10th September, 1869, from Mr. Henry Ives to Mr. E. T. S. Griffith, of premises, 47, Mortimer Street; the next is an assignment, dated 27th January. 1873, from Griffith to Appleby, of the lease of the same premises—those are the two documents that were produced to me on 27th November, I have also the assignment from Appleby's trustee since the bankruptcy; this was stamped before it was executed, and it bears a pink stamp.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-62" type="witnessName">
<interp inst="t18770108-name-62" type="gender" value="male"/>
<interp inst="t18770108-name-62" type="surname" value="CHAMBERS"/>
<interp inst="t18770108-name-62" type="given" value="THOMAS EDWARD"/>THOMAS EDWARD CHAMBERS</persName> </hi>. I am common law clerk to Messrs. Pattison, of Queen Victoria Street—in 1874 I acted on behalf of Barron, Squire, & Co., in recovering judgment against Appleby—Mr. Miller has the record; the defendant pleaded to the declaration in person—the case was tried on 17th November, we got a verdict, and execution on 18th—it was placed in the hands of the Sheriff, and Brown then put in a claim; there were the ordinary interpleader proceedings at chambers on Brown's claim; in the course of it Brown made an affidavit, the interpleader issue was afterwards tried; Brown and Appleby were both examined as witnesses, and the verdict was in favour of Brown's claim, no other witnesses were called—Budget was there, but was not called.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. The interpleader action was defended by Barron, he had two counsel, Mr. Waddy, Q.C., and Mr. Gainford Bruce—Brown was the claimant—the claim was under a bill of sale, it was an ordinary interpleader action—the costs were taxed; we had to pay Brown's costs, and lost our money besides. (
<hi rend="italic">The affidavit of Brown was dated</hi> 13
<hi rend="italic">th January, and stated that the goods and chattles were amongst other things assigned to him by Appleby for a consideration, and that</hi> 37
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.
<hi rend="italic">was then due to him for principal and interest.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18770108-name-63" type="witnessName">
<interp inst="t18770108-name-63" type="gender" value="male"/>
<interp inst="t18770108-name-63" type="surname" value="COX"/>
<interp inst="t18770108-name-63" type="given" value="JAMES"/>JAMES COX</persName> </hi>. I am manager of the London and South Western Bank, limited, Holloway branch—Brown was one of our customers, this is his pass-book, and I have here the waste-book of the bank, it contains the amounts paid by Brown to Appleby: on February 29th, 1874, 90
<hi rend="italic">l</hi>.; on 2nd. July, 250
<hi rend="italic">l</hi>.; 5th November, 45
<hi rend="italic">l</hi>., and on December, 22nd, 5
<hi rend="italic">l</hi>.—this book does not contain any entry of October, it commences on July, 1875—I know the stamp on this 50
<hi rend="italic">l</hi>. note, it is our stamp, showing that it has passed through our hands—I can't tell at what date it went out of our bank.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. I have known Brown about six years—he has been a customer of ours that time, he kept a very good</p>
<xptr type="pageFacsimile" doc="187701080018"/>
<p>account; he very often bad a balance of 2,000
<hi rend="italic">l</hi>. or 3,000
<hi rend="italic">l</hi>.—I know that he also kept cash in his house and discounted—I have seen notes and gold at his house in considerable quantities, over 300
<hi rend="italic">l</hi>. or 400
<hi rend="italic">l</hi>. very often—that was money that had not been paid in to the bank—I have seen that on many occasions—he has borne the character of a respectable, upright, and honourable man.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-64" type="witnessName">
<interp inst="t18770108-name-64" type="gender" value="male"/>
<interp inst="t18770108-name-64" type="surname" value="WELLS"/>
<interp inst="t18770108-name-64" type="given" value="CHARLES"/>CHARLES WELLS</persName> </hi>. I am a clerk to the Metropolitan Bank, Limited, Corn—hill—Appleby was a customer, this is his pass-book—this 50
<hi rend="italic">l</hi>. note was paid to his credit on 2nd October, 1874, it is No. 75,987, dated February 6th, 1874—on that same day a bill of 50
<hi rend="italic">l</hi>. was due, and was taken up in the name of Budget; I don't know by whom it was paid in—the bill was accepted by H. Appleby, payable at our bank, and is endorsed by Budget and Brown; the 50
<hi rend="italic">l</hi>. was paid in specially to meet the bill—the note bears the endorsement of "H. Appleby, 50
<hi rend="italic">l</hi>."—that was made by a clerk in the bank.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-65" type="witnessName">
<interp inst="t18770108-name-65" type="gender" value="male"/>
<interp inst="t18770108-name-65" type="surname" value="SNELL"/>
<interp inst="t18770108-name-65" type="given" value="GEORGE BLAGRAVE"/>GEORGE BLAGRAVE SNELL</persName> </hi> (
<hi rend="italic">re-examined</hi>). I have the notes of Appleby's examination on 13th March, the transcript is on the file. (
<hi rend="italic">This was read at length. Brown received a good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18770108-158-verdict-1" type="verdictDescription">
<interp inst="t18770108-158-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18770108-158-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>
<hi rend="italic">Tuesday, January</hi> 9
<hi rend="italic">th</hi>, 1877.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18770108-159">
<interp inst="t18770108-159" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-159" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-159-charge-1" targOrder="Y" targets="def1-159-18770108 t18770108-159-offence-1 t18770108-159-verdict-1"/>
<persName id="def1-159-18770108" type="defendantName">
<interp inst="def1-159-18770108" type="gender" value="male"/>
<interp inst="def1-159-18770108" type="age" value="47"/>
<interp inst="def1-159-18770108" type="surname" value="TAYLOR"/>
<interp inst="def1-159-18770108" type="given" value="WILLIAN JAMES"/>
<hi rend="largeCaps">WILLIAN JAMES TAYLOR</hi> (47)</persName>
<rs id="t18770108-159-offence-1" type="offenceDescription">
<interp inst="t18770108-159-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18770108-159-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering an acceptance to a bill of exchange for 58
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. LEWIS</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">
<persName id="t18770108-name-67" type="witnessName">
<interp inst="t18770108-name-67" type="gender" value="male"/>
<interp inst="t18770108-name-67" type="surname" value="DEANE"/>
<interp inst="t18770108-name-67" type="given" value="FRANCIS FREDERICK"/>FRANCIS FREDERICK DEANE</persName> </hi>. I am a builder, of Gossett Street, Bethnal Green—I first knew the prisoner about eighteen months ago or a little more, and from time to time discounted bills for him—he represented them—to be all trade bills—I discounted for him these three bills of March 2nd, 14th, and 25th, drawn by him and accepted by Graham—he said that they were trade bills and that the acceptor, Mr. Graham, was an outfitter of Windsor, and a very respectable man—I presented this one which is for 33
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. at the London and County Bank, London, and had it returned; I did not present the others—the prisoner carries on business at Hedge's Grove, South Hackney, his bill heads call him a canteen contractor appointed by Government—I wrote to Mr. Graham and got my letter back in seven or eight days, marked "Not known."</p>
<hi rend="italic">Cross-examined.</hi> This is one of my forms, it is headed "Private Loan Office; forms 2
<hi rend="italic">d</hi>. each"—I am willing to lend money to anybody who pays me good interest—the interest is 8
<hi rend="italic">d</hi>. in the pound—I have discounted 1,500
<hi rend="italic">l</hi>. or 2,000
<hi rend="italic">l</hi>. for the prisoner in the eighteen months, he has taken up all the bills up to this time; he paid regularly, up to 11th August—about a dozen of the bills which were paid regularly were drawn on Graham; they were for from 25
<hi rend="italic">l</hi>. to 30
<hi rend="italic">l</hi>., and amounted to 200
<hi rend="italic">l</hi>. or 300
<hi rend="italic">l</hi>. with those I have got left—they were all drawn on the same forms and made payable in the same way as these—I know that he has had to file a petition—his solicitor called at my house—I do not think I ever heard the name of Hatch mentioned—I believe my solicitor has proved my debt for these very bills—I was present at a discussion upon the prisoner's affairs, I do not recollect hearing a list of the debtors to his estate read out, nor did I look at it—I did not see the name of Hatch returned as a debtor to a large amount, nor did I hear the name mentioned in reference to the prisoner's affairs—I do not think I have ever discounted for the prisoner a</p>
<xptr type="pageFacsimile" doc="187701080019"/>
<p>bill drawn by Hatch, but I will not swear I have not—I do not know perfectly well that I have—I never knew that Hatch had absconded and let the prisoner in for a large amount of money—I have unfortunately seen the prisoner a number of times since—I know Mr. Barron, his solicitor; I have not spoken to him about Hatch absconding—I did not say that Freans, the biscuit people, would prosecute him—I could not see the prisoner after the bills were returned, he absconded; I saw the woman he was cohabiting with at Charlton, and I saw his wife at Eccles Road—I have not offered to take 250
<hi rend="italic">l</hi>. from his wife directly she gets a legacy under her grandmother's will; but she said to me that if, I would not prosecute her husband, when she got her legacy she would pay me—I dare say I saw her the day after the bills were returned, thinking to see Mr. Taylor; she did not make the offer then, but she did within a few weeks afterwards—I did not take out a warrant till last week, because I left it in the hands of my solicitor—it was not a little bit on account of the expected legacy—I never expected to get a farthing—I do not think I waited so long as seven months—I took the warrant out some time before Christmas—I waited all that time because I did not know where he was—I will swear that
<hi rend="italic">it</hi> was not because I expected to get my money from Mrs. Taylor—I did not offer to do anything for them and their children, I have six children of my own—the signature to both these cheques produced is the prisoner's—I dare say the acceptances may be in a totally different writing.</p>
<hi rend="italic">Re-examined.</hi> I paid the former bills of Graham into the bank, and Taylor would come down in the evening and say "I have had a telegram from my friend and he is rather short, but you shall have the money to-morrow," and it was brought; the prisoner took them up in that way several times—he owes me now 600
<hi rend="italic">l</hi>. as near as I can guess—I have now a number of bills dishonoured, the acceptors of which I cannot find, such as Elliott of Portsea, and Graham of Windsor, but the greatest number of bills are in the name of Williams—the prisoner lived at Charlton in the name of Williams, but I do not know that of my own knowledge—when I found that the acceptors could not be found I put the matter in the hands of my attorney—I could not find the prisoner at Charlton or at Hedge's Grove—I was not in any way delaying the proceedings for the purpose of a settlement; whatever delay there was was the act of my solicitor.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. They were two months' bills, I do not think there is one longer or shorter, these are them; here is Mr. Woodman's and two—of Mr. Elliott's; all the others are Williams' bills—I dare say I discounted 700
<hi rend="italic">l</hi>. or 800
<hi rend="italic">l</hi>. worth of Williams' bills, all that you have got there.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-68" type="witnessName">
<interp inst="t18770108-name-68" type="gender" value="male"/>
<interp inst="t18770108-name-68" type="surname" value="HATS"/>
<interp inst="t18770108-name-68" type="given" value="GEORGE"/>GEOEGE HATS</persName> </hi>. I have been police superintendent at Windsor for seven. years, and know most of the neighbourhood—there is no such person there as Mr. Graham, an outfitter.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-69" type="witnessName">
<interp inst="t18770108-name-69" type="gender" value="male"/>
<interp inst="t18770108-name-69" type="surname" value="CLEVE"/>
<interp inst="t18770108-name-69" type="given" value="WILLIAM"/>WILLIAM CLEVE</persName> </hi>. I have been tax collector of Windsor just upon five years—I have the rate books of Windsor and Clewer here for three years and a half—there was no such person as James Graham, an outfitter, there last year.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-70" type="witnessName">
<interp inst="t18770108-name-70" type="gender" value="male"/>
<interp inst="t18770108-name-70" type="surname" value="HEADLEY"/>
<interp inst="t18770108-name-70" type="given" value="WILLIAM"/>WILLIAM HEADLEY</persName> </hi>. I have known the prisoner five or six years in the name of Williams, and have received cheques from him in that name—he lived at 12 or 13, York Cottages, Charlton, with somebody who passed as Mrs. Williams.</p>
<hi rend="italic">Cross-examined.</hi> It is a small, petty chandler's shop, they sell sweets and</p>
<xptr type="pageFacsimile" doc="187701080020"/>
<p>children's socks and toys—"Williams" only is over the door, it is not H. R. Williams & Co.—the name has been up eight or nine months.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-71" type="witnessName">
<interp inst="t18770108-name-71" type="gender" value="male"/>
<interp inst="t18770108-name-71" type="surname" value="HUNT"/>
<interp inst="t18770108-name-71" type="given" value="CHARLES"/>CHARLES HUNT</persName> </hi>. I am a clerk in the London and County Bank, head office—we had no customer in March last named Graham, of Windsor—I have got the returns from the branches, and produce the bill advice book—we had no advice about that time of any bills from Graham, of Windsor—if a bill had been made payable at our London office we should have received advices.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-72" type="witnessName">
<interp inst="t18770108-name-72" type="gender" value="male"/>
<interp inst="t18770108-name-72" type="surname" value="DAVIS"/>
<interp inst="t18770108-name-72" type="given" value="PATRICK"/>PATRICK DAVIS</persName> </hi> (
<hi rend="italic">Detective Officer</hi>). I took the prisoner on the night of 19th November at 4, Denmark Terrace, New Charlton, where he was living with a woman in the name of Williams, and "Williams" was over the door—he said "I did not think Mr. Deane would do this, as I intended to pay him with some money coming through my wife under her mother's will which will amount to 600
<hi rend="italic">l</hi>."</p>
<hi rend="smallCaps">
<persName id="t18770108-name-73" type="witnessName">
<interp inst="t18770108-name-73" type="gender" value="female"/>
<interp inst="t18770108-name-73" type="surname" value="THEOBALD"/>
<interp inst="t18770108-name-73" type="given" value="MARGARET"/>MARGARET THEOBALD</persName> </hi>. I live at 3, Denmark Terrace, Charlton—I have known the prisoner nine years in the name of Mr. Williams, with somebody passing as Mrs. Williams, at 4, Denmark Terrace—I never knew him as Taylor.</p>
<hi rend="smallCaps">MR. GRAIN</hi>
<hi rend="italic">submitted that there was no evidence that the bills were in the prisoner's writing, and further that if it was shown that they were drawn in an assumed name that must be proved to be done for the purposes of fraud, whereas a long series of bills drawn upon the same person had been paid.</hi>
<hi rend="smallCaps">THE COURT</hi>,
<hi rend="italic">as to the first point, allowed Mr. Deane to be re-called, and as to the second, considered that it was for the Jury to say whether the names of non
<lb/>existing persons as acceptors, had been assumed for the purposes of fraud.</hi> </p>
<hi rend="smallCaps">F. F. DEANE</hi> (
<hi rend="italic">re-examined</hi>). The body of the bills I discounted were always in Taylor's writing, and the signature as drawer was his—I saw him write his name in my officer—I believed that I had a responsible and genuine acceptor—I should not have accepted any of them if I had believed the acceptors to be fictitious persons.</p>
<hi rend="italic">Cross-examined.</hi> I had no security, only the bills—I discounted on his credit—as long as things went on straight I made no inquiry about the acceptors.—
<hi rend="smallCaps">
<rs id="t18770108-159-verdict-1" type="verdictDescription">
<interp inst="t18770108-159-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18770108-159-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>. (
<hi rend="italic">See Fourth Court, Friday.</hi>)</p> </div1>
<hi rend="largeCaps">FOURTH COURT</hi>.—
<hi rend="italic">Tuesday, January</hi> 9
<hi rend="italic">th</hi>, 1877.</p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18770108-160">
<interp inst="t18770108-160" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-160" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-160-charge-1" targOrder="Y" targets="def1-160-18770108 t18770108-160-offence-1 t18770108-160-verdict-1"/>
<persName id="def1-160-18770108" type="defendantName">
<interp inst="def1-160-18770108" type="gender" value="male"/>
<interp inst="def1-160-18770108" type="age" value="26"/>
<interp inst="def1-160-18770108" type="surname" value="JOHNSON"/>
<interp inst="def1-160-18770108" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY JOHNSON</hi> (26)</persName>
<rs id="t18770108-160-offence-1" type="offenceDescription">
<interp inst="t18770108-160-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18770108-160-offence-1" type="offenceSubcategory" value="simpleLarceny"/>,
<hi rend="smallCaps">
<rs id="t18770108-160-verdict-1" type="verdictDescription">
<interp inst="t18770108-160-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-160-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to stealing a watch, value 15
<hi rend="italic">l</hi>., and other goods, of
<persName id="t18770108-name-75" type="victimName">
<interp inst="t18770108-name-75" type="gender" value="male"/>
<interp inst="t18770108-name-75" type="surname" value="YORK"/>
<interp inst="t18770108-name-75" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-160-offence-1 t18770108-name-75"/>Frederick York</persName> and others.—</rs>
<hi rend="italic">
<rs id="t18770108-160-punishment-8" type="punishmentDescription">
<interp inst="t18770108-160-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18770108-160-punishment-8" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-160-18770108 t18770108-160-punishment-8"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18770108-161">
<interp inst="t18770108-161" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-161" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-161-charge-1" targOrder="Y" targets="def1-161-18770108 t18770108-161-offence-1 t18770108-161-verdict-1"/>
<persName id="def1-161-18770108" type="defendantName">
<interp inst="def1-161-18770108" type="gender" value="male"/>
<interp inst="def1-161-18770108" type="age" value="41"/>
<interp inst="def1-161-18770108" type="surname" value="WILLIAMS"/>
<interp inst="def1-161-18770108" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE WILLIAMS</hi> (41)</persName>
<rs id="t18770108-161-offence-1" type="offenceDescription">
<interp inst="t18770108-161-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18770108-161-offence-1" type="offenceSubcategory" value="forgery"/>, to feloniously forging, altering, and uttering an order for the payment of 12
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. and an order for 14
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>.
<hi rend="italic">The amount of the defalcations was stated to be over</hi> 400
<hi rend="italic">l</hi>.</rs>
<hi rend="italic">He received a good character—
<rs id="t18770108-161-punishment-9" type="punishmentDescription">
<interp inst="t18770108-161-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18770108-161-punishment-9" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-161-18770108 t18770108-161-punishment-9"/>Five Years' Penal Servitude.</rs> </hi>
<rs id="t18770108-161-verdict-1" type="verdictDescription">
<interp inst="t18770108-161-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-161-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> And</p> </div1>
<div1 type="trialAccount" id="t18770108-162">
<interp inst="t18770108-162" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-162" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-162-charge-1" targOrder="Y" targets="def1-162-18770108 t18770108-162-offence-1 t18770108-162-verdict-1"/>
<persName id="def1-162-18770108" type="defendantName">
<interp inst="def1-162-18770108" type="gender" value="female"/>
<interp inst="def1-162-18770108" type="age" value="24"/>
<interp inst="def1-162-18770108" type="surname" value="HALL"/>
<interp inst="def1-162-18770108" type="given" value="MARGARET"/>
<hi rend="largeCaps">MARGARET HALL</hi> </persName>
<rs id="t18770108-162-offence-1" type="offenceDescription">
<interp inst="t18770108-162-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18770108-162-offence-1" type="offenceSubcategory" value="forgery"/> 24), to feloniously forging and uttering an order for the payment of 5
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—</rs>
<rs id="t18770108-162-verdict-1" type="verdictDescription">
<interp inst="t18770108-162-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-162-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.] </rs>
<rs id="t18770108-162-punishment-10" type="punishmentDescription">
<interp inst="t18770108-162-punishment-10" type="punishmentCategory" value="noPunish"/>
<interp inst="t18770108-162-punishment-10" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-162-18770108 t18770108-162-punishment-10"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18770108-163">
<interp inst="t18770108-163" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-163" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-163-charge-1" targOrder="Y" targets="def1-163-18770108 t18770108-163-offence-1 t18770108-163-verdict-1"/>
<persName id="def1-163-18770108" type="defendantName">
<interp inst="def1-163-18770108" type="gender" value="female"/>
<interp inst="def1-163-18770108" type="age" value="38"/>
<interp inst="def1-163-18770108" type="surname" value="THODEN"/>
<interp inst="def1-163-18770108" type="given" value="JANE"/>
<hi rend="largeCaps">JANE THODEN</hi> (38)</persName>
<rs id="t18770108-163-offence-1" type="offenceDescription">
<interp inst="t18770108-163-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18770108-163-offence-1" type="offenceSubcategory" value="bigamy"/>, Feloniously marrying
<persName id="t18770108-name-79" type="victimName">
<interp inst="t18770108-name-79" type="gender" value="male"/>
<interp inst="t18770108-name-79" type="surname" value="JENKINS"/>
<interp inst="t18770108-name-79" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-163-offence-1 t18770108-name-79"/>Thomas Jenkins</persName> during the lifetime of her husband.</rs> </p>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-80" type="witnessName">
<interp inst="t18770108-name-80" type="gender" value="male"/>
<interp inst="t18770108-name-80" type="surname" value="HANSON"/>
<interp inst="t18770108-name-80" type="given" value="RICHARD"/>RICHARD HANSON</persName> </hi>. I produce two certificates, one received from the clerk at St. Mary's, Islington, and the other from St. James the Great, Bethnal Green; one is dated 1868 and the other 1870—I compared the cer
<lb/>tificates with the original books and found them correct. (
<hi rend="italic">Read</hi>).</p>
<xptr type="pageFacsimile" doc="187701080021"/>
<hi rend="smallCaps">
<persName id="t18770108-name-81" type="witnessName">
<interp inst="t18770108-name-81" type="gender" value="female"/>
<interp inst="t18770108-name-81" type="surname" value="MANSFIELD"/>
<interp inst="t18770108-name-81" type="given" value="ALICE"/>ALICE MANSFIELD</persName> </hi>. I am married, and live at 31, Horton Street, New North Road—I was present at this marriage in May, 1868, and saw the ceremony performed.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-82" type="witnessName">
<interp inst="t18770108-name-82" type="gender" value="male"/>
<interp inst="t18770108-name-82" type="surname" value="JENKINS"/>
<interp inst="t18770108-name-82" type="given" value="GEORGE THOMAS"/>GEORGE THOMAS JENKINS</persName> </hi>. I am a cigar seller now, but was a birdcage maker in 1870—I married the prisoner on the 19th of July—she told me her husband died in America—I had known her about three months before I married her—I took her out of the workhouse—I made no inquiry about her.</p>
<hi rend="smallCaps">
<rs id="t18770108-163-verdict-1" type="verdictDescription">
<interp inst="t18770108-163-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-163-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18770108-163-punishment-11" type="punishmentDescription">
<interp inst="t18770108-163-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18770108-163-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-163-18770108 t18770108-163-punishment-11"/>One Day's Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18770108-164">
<interp inst="t18770108-164" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-164" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-164-charge-1" targOrder="Y" targets="def1-164-18770108 t18770108-164-offence-1 t18770108-164-verdict-1"/>
<persName id="def1-164-18770108" type="defendantName">
<interp inst="def1-164-18770108" type="gender" value="male"/>
<interp inst="def1-164-18770108" type="age" value="47"/>
<interp inst="def1-164-18770108" type="surname" value="ENGLISH"/>
<interp inst="def1-164-18770108" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD ENGLISH</hi> (47)</persName>
<rs id="t18770108-164-offence-1" type="offenceDescription">
<interp inst="t18770108-164-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18770108-164-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously wounding
<persName id="t18770108-name-84" type="victimName">
<interp inst="t18770108-name-84" type="gender" value="male"/>
<interp inst="t18770108-name-84" type="surname" value="PEARSON"/>
<interp inst="t18770108-name-84" type="given" value="DAVID"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-164-offence-1 t18770108-name-84"/>David Pear
<lb/>son</persName>, with intent to do grievous bodily harm.</rs> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-85" type="witnessName">
<interp inst="t18770108-name-85" type="gender" value="indeterminate"/>
<interp inst="t18770108-name-85" type="surname" value="READ"/>
<interp inst="t18770108-name-85" type="given" value="FOSTER"/>MR. FOSTER READ</persName> </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="t18770108-name-86" type="witnessName">
<interp inst="t18770108-name-86" type="gender" value="male"/>
<interp inst="t18770108-name-86" type="surname" value="PEARSON"/>
<interp inst="t18770108-name-86" type="given" value="DAVID"/>DAVID PEARSON</persName> </hi>. I live at 8, Three Foxes' Court, Ratcliffe, and am a shipwright—on the afternoon of the 18th December, I had just come to my own premises with a board on ray shoulder when I saw the prisoner standing; at a public-house door—he came up and struck me with his fist on my face, then he took a stevedore hook from his pocket and struck me across the face with it—my face bled very much—this scar is from the wound; my wife and child were present—the prisoner then went to his own house—I did not strike him—I never challenged him to fight or quarrelled with him—I know him well by sight—the police doctor sewed up the wound.</p>
<hi rend="italic">Cross-examined.</hi> It was about a week after when I saw the doctor—I was not drunk—no blood came from the first blow—the disturbance only lasted about a minute and a half.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-87" type="witnessName">
<interp inst="t18770108-name-87" type="gender" value="female"/>
<interp inst="t18770108-name-87" type="surname" value="DAY"/>
<interp inst="t18770108-name-87" type="given" value="ELIZA"/>ELIZA DAY</persName> </hi>. I am the daughter of the last witness—I was upstairs in the house my father lives in, when this affair took place—I came down and saw English tackling my father, and I saw my father's face bleeding very much—I saw English put the hook in his pocket.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-88" type="witnessName">
<interp inst="t18770108-name-88" type="gender" value="female"/>
<interp inst="t18770108-name-88" type="surname" value="PEARSON"/>
<interp inst="t18770108-name-88" type="given" value="JANE"/>JANE PEARSON</persName> </hi>. I am the prosecutor's wife—on the 18th December, he was carrying a plank on his shoulder up the court—I saw the prisoner come from the other end of the court and strike him—I pulled my husband away—then the prisoner took a book from his pocket and struck my husband in the face with it and made a wound—there was no one else in the court.</p>
<hi rend="italic">Cross-examined.</hi> My husband said "Hold hard a minute"—I stood at the door afterwards about a minute and a half—I afterwards went to the station—my husband went, but not with me—he came back about 5.30.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-89" type="witnessName">
<interp inst="t18770108-name-89" type="gender" value="male"/>
<interp inst="t18770108-name-89" type="surname" value="CROCKFORD"/>
<interp inst="t18770108-name-89" type="given" value="GEORGE"/>GEORGE CROCKFORD</persName> </hi> (
<hi rend="italic">Policeman K</hi> 494). I took the prisoner into custody at 41, Queen Street, for striking David Pearson with a stevedore hook—he said "I did not strike him with the hook; I struck him with my fist"—I saw the wound; it was a quarter of an inch long, very deep, and was bleed
<lb/>ing very much—the surgeon put a silver stitch in it.</p>
<hi rend="italic">Cross-examined.</hi> I searched, but did not find the hook.</p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-90" type="witnessName">
<interp inst="t18770108-name-90" type="gender" value="female"/>
<interp inst="t18770108-name-90" type="surname" value="HOLLAND"/>
<interp inst="t18770108-name-90" type="given" value="MARY ANN"/>MARY ANN HOLLAND</persName> </hi>. I live in Three Foxes' Court—I saw the prose
<lb/>cutor and the prisoner fighting in the court, with their fists about 3 o'clock in the afternoon of the 18th December, for about a couple of minutes—I saw no hook, I must have done if there had been one.</p>
<hi rend="italic">Cross-examined.</hi> I did not see Elisa Day there till about three minutes afterwards—they both struck one another—I did not see a board on the prosecutor's shoulder.</p>
<hi rend="smallCaps">
<rs id="t18770108-164-verdict-1" type="verdictDescription">
<interp inst="t18770108-164-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18770108-164-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18770108-165">
<interp inst="t18770108-165" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-165" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-165-charge-1" targOrder="Y" targets="def1-165-18770108 t18770108-165-offence-1 t18770108-165-verdict-1"/>
<xptr type="pageFacsimile" doc="187701080024"/>
<persName id="def1-165-18770108" type="defendantName">
<interp inst="def1-165-18770108" type="gender" value="male"/>
<interp inst="def1-165-18770108" type="age" value="22"/>
<interp inst="def1-165-18770108" type="surname" value="DONLAN"/>
<interp inst="def1-165-18770108" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES DONLAN</hi> (22)</persName>
<rs id="t18770108-165-offence-1" type="offenceDescription">
<interp inst="t18770108-165-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18770108-165-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence on
<persName id="t18770108-name-92" type="victimName">
<interp inst="t18770108-name-92" type="gender" value="male"/>
<interp inst="t18770108-name-92" type="surname" value="GALLTHORPE"/>
<interp inst="t18770108-name-92" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-165-offence-1 t18770108-name-92"/>John Gallthorpe</persName> and stealing a watch and chain, his property.</rs> </p>
<hi rend="smallCaps">MR. CROOME</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-93" type="witnessName">
<interp inst="t18770108-name-93" type="gender" value="male"/>
<interp inst="t18770108-name-93" type="surname" value="GALLTHORPE"/>
<interp inst="t18770108-name-93" type="given" value="JOHN"/>JOHN GALLTHORPE</persName> </hi>. I live at 48, North Street, Edgware Road, and am a cabinet maker about 3 o'clock on the afternoon of the 27th December I was walking home and near my door when someone came up, struck me a blow on the chest, knocked me down, and took my watch from my pocket and the chain belonging to it—the watch and chain produced are mine—the chain is not valuable, the value of the watch is 30
<hi rend="italic">s</hi>.—I caught the man's legs.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-94" type="witnessName">
<interp inst="t18770108-name-94" type="gender" value="male"/>
<interp inst="t18770108-name-94" type="surname" value="WILSON"/>
<interp inst="t18770108-name-94" type="given" value="JOSEPH"/>JOSEPH WILSON</persName> </hi>. I am a painter, and live at 23, Richmond Street, Maida Hill—on the 27th December, about 3 o'clock, I was in Salisbury Street, which is near North Street—I saw the prisoner strike the prosecutor and snatch the watch and run away; I followed him—he dropped the watch in North Street, near Princes Mews; I picked it up and the chain—I saw the prisoner go into a loft—I did not lose sight of him—I handed the watch and chain to the constable.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-95" type="witnessName">
<interp inst="t18770108-name-95" type="gender" value="male"/>
<interp inst="t18770108-name-95" type="surname" value="HOPES"/>
<interp inst="t18770108-name-95" type="given" value="WILLIAM"/>WILLIAM HOPES</persName> </hi> (
<hi rend="italic">Policeman D</hi> 166). On the afternoon of the 27th I was on duty near the Edgware Road—I heard the cry of "Stop thief"—I found the prisoner in a loft in Princes Mews—the last witness was with him.</p>
<hi rend="italic">Prisoner's Defence.</hi> I was in beer and knew nothing about it till the following day.</p>
<hi rend="smallCaps">
<rs id="t18770108-165-verdict-1" type="verdictDescription">
<interp inst="t18770108-165-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-165-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18770108-165-punishment-12" type="punishmentDescription">
<interp inst="t18770108-165-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18770108-165-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-165-18770108 t18770108-165-punishment-12"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18770108-166">
<interp inst="t18770108-166" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-166" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-166-charge-1" targOrder="Y" targets="def1-166-18770108 t18770108-166-offence-1 t18770108-166-verdict-1"/>
<persName id="def1-166-18770108" type="defendantName">
<interp inst="def1-166-18770108" type="gender" value="male"/>
<interp inst="def1-166-18770108" type="age" value="35"/>
<interp inst="def1-166-18770108" type="surname" value="JONES"/>
<interp inst="def1-166-18770108" type="given" value="ELLIS HUGH"/>
<hi rend="largeCaps">ELLIS HUGH JONES</hi> (35)</persName>
<rs id="t18770108-166-offence-1" type="offenceDescription">
<interp inst="t18770108-166-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18770108-166-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging an endorsement on a cheque for 13
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>., with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. ROLLAND</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. MCCOAN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. HORACE AVORY</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-97" type="witnessName">
<interp inst="t18770108-name-97" type="gender" value="male"/>
<interp inst="t18770108-name-97" type="surname" value="STEPHENSON"/>
<interp inst="t18770108-name-97" type="given" value="EDMUND"/>EDMUND STEPHENSON</persName> </hi>. I am a licensed victualler and keep the King's Head, Walworth—in 1875 I had an account for ale with Messrs. Malvin & Co., of Edinburgh—the prisoner was in the habit of calling from time to time for the ale—he called on the 11th of October, 1875—the signature on the cheque produced is mine—it is dated 11th October, 1875, and is in payment of an account for 13
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>., and is made payable to Messrs. Malvin & Co.—the National Bank is our bank.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MCCOAN</hi>. I have given similar cheques to the prisoner—I have given cheques to him, payable to himself, for Malvin's—this cheque was made out in the usual way.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-98" type="witnessName">
<interp inst="t18770108-name-98" type="gender" value="male"/>
<interp inst="t18770108-name-98" type="surname" value="HANNAN"/>
<interp inst="t18770108-name-98" type="given" value="JAMES"/>JAMES HANNAN</persName> </hi>. I am manager for Messrs. Malvin & Co., brewers, Edinburgh—the prisoner entered our employment in 1870 in a subordinate position—there was no agreement in writing—he was appointed clerk and manager in 1872—his duties would then be to solicit orders and collect the money—our firm had an account with the Lambeth branch of the National Bank—it was his duty when he collected money to pay it to the credit of the firm into that bank, but if he received a cheque as in the present instance, payable to "Messrs. Malvin & Co. or order" his duty was to send it to the firm—Mr. James Malvin is the only person authorised to endorse cheques—the signature on the cheque produced is the prisoner's—he had no authority to endorse cheques—we suspected there was something wrong at the end of 1875 and called upon the prisoner to make an explan
<lb/>ation, and in February, 1876, in consequence of explanations which he made</p>
<xptr type="pageFacsimile" doc="187701080025"/>
<p>we arranged to place someone over him—we sent accounts to our customers and as the amount due to us from Mr. Stephenson was not remitted we commenced an action—the trial came on in November last, when Mr. Stephenson produced this cheque endorsed as it now appears—we then took the present proceedings—the prisoner made a statement in February, 1876, of sums he had collected, solemnly declaring them to be all—he afterwards added others, collected by a traveller named Trigg, which he admitted having got, and again solemnly assevrated they were all—we had not ascertained the amounts then, but believed what the prisoner said—he had no authority to endorse cheques—I did not know then he had put the name of the firm to any cheques at the time of the arrangement—we did not know the amount of his defalcations, and we pitied him and thought he had been led astray—had we known all we should have made no arrangement—we found out about the cheques when they were produced at the trial in November—the prisoner has never accounted for the 13
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. in any way.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MCCOAN</hi>. I engaged the prisoner prior to his taking up the management of the London Branch, he had been employed a couple of years in London—I am the acting agent in London; Mr. Malvin has been to London about twice during the prisoner's management, but not specially with reference to the business—he may have had interviews with the prisoner, but I cannot say what took place—the prisoner was told to go on as Mr. Stephens, his predecessor, had done—I do not know that Mr. Stephens endorsed cheques—I have had special power given to me on particular occasions to endorse cheques—the one produced is a guaranteed endorsement—I do not know if the account there (
<hi rend="italic">produced</hi>), amounting to 1,062
<hi rend="italic">l</hi>., does not include sums paid in cheques—I have not inquired; it may have done so—I had an interview in Islington with the sister of the prisoner to tell her what had happened—I made no proposal for a settle
<lb/>ment, neither did she, and none was come to—I got a bill of exchange from her for 200
<hi rend="italic">l</hi>.—we had a bill of sale on the furniture, two policies, and other bills amounting to 400
<hi rend="italic">l</hi>.—we did not discuss the matter—I saw the prisoner write from our office to ask his sister for the bill of exchange; I was no party to it—I accepted it for Messrs. Malvin; it is not yet matured—I did not say to her "There are some further very unpleasant features in the case, your brother has remitted wrong accounts to our head-quarters in Edinburgh, and has falsified his London books and accounts, and done other things," and on her asking what we intended to do, say "We must make the best of it; we have already taken a bill of sale on all bis personal pro
<lb/>perty and effects, and he has assigned life policies for 800
<hi rend="italic">l</hi>. to the firm, we now, however, require two sureties, each in the sum of 200
<hi rend="italic">l</hi>., making, a further sum of 400
<hi rend="italic">l</hi>. in all, as further security required"—I did not say that the prisoner was going about trying to obtain securities, and if obtained further proceedings would be desisted from.</p>
<hi rend="italic">Re-examined.</hi> There is not a word of truth in what has just been read to me—we thought the prisoner would have retrieved his position, and so retained him our employment—the cheque produced is payable to Malvin & Co., or order, and was forwarded to Edinburgh; I did not know at the time the prisoner made his statement how the amounts were paid by the customers; we have had to pay the premiums on the life policies.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-99" type="witnessName">
<interp inst="t18770108-name-99" type="gender" value="male"/>
<interp inst="t18770108-name-99" type="surname" value="MARLER"/>
<interp inst="t18770108-name-99" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY MARLER</persName> </hi>. I am a clerk, employed at the Ludgate Hill branch of the City Bank—the cheque produced, dated 11th October, for</p>
<xptr type="pageFacsimile" doc="187701080026"/>
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>., was paid into the bank to the account of E. H. Jones—it appears in the pass-book produced—I know the cheque, the endorsements and it bears our stamp—we have an account with "Ellis Hugh Jones"—I have seen it in the ledger; the entries in our books are made from the pass-book which is handed to the customer—Ellis Hugh Jones ceased to bank with us on 10th November.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MCCOAN</hi>. I have no personal knowledge of the prisoner.</p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-100" type="witnessName">
<interp inst="t18770108-name-100" type="gender" value="male"/>
<interp inst="t18770108-name-100" type="surname" value="STEPHENS"/>
<interp inst="t18770108-name-100" type="given" value="JOHN"/>JOHN STEPHENS</persName> </hi>. I am a brewer in Lanark—I formerly managed the business of Messrs. Malvin & Co. in London; in 1872 my management was transferred to the prisoner—I was present and heard some of the conver
<lb/>sation, that which related to his pay, but not to the mode in which the prisoner should conduct the business—I understood that the prisoner was to go on as I had been going—it was my custom to pay the cash I received into the London & Westminster Bank, to the credit of Messrs. Malvin's account—I have no recollection of any cheques payable to Malvin, or order—I never endorsed a cheque for Messrs. Malvin & Co.—the cheques I received were made payable to myself, or other travellers; I never forwarded cheques to Edinburgh to be endorsed—we have four or five travellers—I do not recollect ever endorsing cheques, if I did so it would be "Pro procuration."</p>
<hi rend="italic">Cross-examined.</hi> I did not consider that I had authority to endorse cheques.</p>
<hi rend="italic">Re-examined by</hi>
<hi rend="smallCaps">MR. MCCOAN</hi>. I may have endorsed cheques, but not in that way.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-101" type="witnessName">
<interp inst="t18770108-name-101" type="gender" value="female"/>
<interp inst="t18770108-name-101" type="surname" value="JONES"/>
<interp inst="t18770108-name-101" type="given" value="ELIZABETH"/>ELIZABETH JONES</persName> </hi>. I am the prisoner's sister—I recollect Mr. Hannan calling at our house in Islington on 8th February last—he asked if I had been told of the arrangements that had been come to about my brother's defalcations—I said that I had not heard—he said it was very serious, and the sum was over 1,000
<hi rend="italic">l</hi>. and that there were other serious offences, such as tearing leaves out of the books—he said also "We have taken a bill of sale on the furniture for 1,000
<hi rend="italic">l</hi>. and have two life policies for 800
<hi rend="italic">l</hi>., and he is now going about all to-day to find two sureties in 200
<hi rend="italic">l</hi>. each, making 400
<hi rend="italic">l</hi>.," and I asked "Do you mean to say if he obtains these securities there will be no prosecution," and he said "I am justified in saying so;" in the result I gave him a bill of exchange for 200
<hi rend="italic">l</hi>.—I wrote to Messrs. Malvin on the 10th, saying "I am willing to assist my brother as far as lies in my power, provided the arrangements are satisfactory, meaning the arrangements that Mr. Hannan had told me of, that there would be no prosecution, and that he would be continued in his situation—I afterwards received a telegram from Mr. Hannan, "Send your accep
<lb/>tance for 200
<hi rend="italic">l</hi>."—I did so and Messrs. Malvin hold it still—I fully under
<lb/>stood a general condonation was to be given, and I regarded the matter as settled.</p>
<hi rend="italic">Cross-examined.</hi> I have not paid anything, the bills are not due.</p>
<hi rend="smallCaps">
<rs id="t18770108-166-verdict-1" type="verdictDescription">
<interp inst="t18770108-166-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-166-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">He was further charged with having been convicted of felony in August</hi>, 1865,
<hi rend="italic">to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">
<rs id="t18770108-166-punishment-13" type="punishmentDescription">
<interp inst="t18770108-166-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18770108-166-punishment-13" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-166-18770108 t18770108-166-punishment-13"/>Ten Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, January</hi> 10
<hi rend="italic">th</hi>, 1877.</p>
<hi rend="italic">Before Mr. Baron Hawkins.</hi> </p>
<div1 type="trialAccount" id="t18770108-167">
<interp inst="t18770108-167" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-167" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-167-charge-1" targOrder="Y" targets="def1-167-18770108 t18770108-167-offence-1 t18770108-167-verdict-1"/>
<persName id="def1-167-18770108" type="defendantName">
<interp inst="def1-167-18770108" type="gender" value="male"/>
<interp inst="def1-167-18770108" type="age" value="24"/>
<interp inst="def1-167-18770108" type="surname" value="COUTES"/>
<interp inst="def1-167-18770108" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL COUTES</hi> (24)</persName>, was indicted
<rs id="t18770108-167-offence-1" type="offenceDescription">
<interp inst="t18770108-167-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18770108-167-offence-1" type="offenceSubcategory" value="manslaughter"/> for feloniously killing and slaying
<persName id="t18770108-name-103" type="victimName">
<interp inst="t18770108-name-103" type="gender" value="male"/>
<interp inst="t18770108-name-103" type="surname" value="ALLEN"/>
<interp inst="t18770108-name-103" type="given" value="FRANCIS"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-167-offence-1 t18770108-name-103"/>Francis Allen</persName>—he was also charged on the coroner's inquisition, with the like offence.</rs> </p>
<xptr type="pageFacsimile" doc="187701080027"/>
<hi rend="smallCaps">MESSRS. LILLEY</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">CHARLES MATHEWS</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. WARNER SLEIGH</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-104" type="witnessName">
<interp inst="t18770108-name-104" type="gender" value="female"/>
<interp inst="t18770108-name-104" type="surname" value="BEER"/>
<interp inst="t18770108-name-104" type="given" value="ELIZA"/>ELIZA BEER</persName> </hi>. I am an unfortunate woman, living at 4, Bloomfield Street, Poplar-prior to Tuesday, 19th December last, I had been staying with a man named Francis Allen, a seafaring man—about 1 o'clock that morning I was in bed with Allen, at 14, Bloomfield Street, the prisoner came into the room, he broke open the room door, and the door downstairs as well—I believe he was the worse for drink; Allen was quite sober—the prisoner first struck me as I was in bed—Allen, who was lying against the wall, got up in the bed and said he could not see me struck, and with that the prisoner struck him in the face and pulled him out of bed on to the floor on his back, and struck him several times and fell a-top of him—Allen did not strike him, he had not time to do so; as he fell he must have struck his head on the chamber, I did not see him do so, I was so excitable—there was a lamp on the sideboard in the room—the chamber was on the washing stand by the side of the bedstead, it was quite sound before; the prisoner came in; after the struggle it was broken all to pieces, I did not observe any blood on it—there was blood on Allen's face, he ran down stairs in his shirt, and I got his clothes together and ran down after him in my petticoat—Allen went for the police and brought back two police
<lb/>men whilst he was gone the prisoner ran downstairs and ran up again into the bed-room and laid there on the floor till the policemen came and took him into custody—he was taken to the station—I told Allen to go to my sister's and I went home—I next saw him lying dead in my sister's passage later that same morning.</p>
<hi rend="italic">Cross-examined.</hi> I have known the prisoner
<hi rend="italic">about</hi> two years—he had been a teetotaller for a year and nine months before this, as far as I know; I have stopped with him now and then—the house in which I was living was taken in his name; he had promised to keep me; he gave me 6
<hi rend="italic">s</hi>.—I said at the police-court next day that Allen was drunk, I was excitable; he was not drunk, he was quite sober—I said at the police-court that Allen struck the prisoner in the mouth and they struggled together—the case was remanded, and on 30th December I told the Magistrate that I wished to make another statement, and I then said that Allen was quite sober and that he did not strike the prisoner at all—I had been at two public-houses with Allen that night, he had a glass of gin hot at one house, and a share of my glass at the second—he complained of being ill there, and said he felt queer in his heart, and in doors the same, before the prisoner came in—the prisoner had paid the landlord twice, by my giving—I was very excited at the time of this struggle—Allen was pulled out of bed and fell against the wash stand—I heard the noise of the fall and the chamber break—I am sure he was struck several times, and he begged for mercy.</p>
<hi rend="italic">Re-examined.</hi> I generally paid the rent myself, when the prisoner paid it I gave him the money—there was not room to put a chair between the,. bed and the wash stand—Allen was pulled out of bed over me; he had no opportunity of getting on his legs afterwards, there was only one other lodger in the house; I received the rent from her—the prisoner had no right to come to me, except as an ordinary visitor—the street door was shut, and my room door was locked, and he burst them both open—Allen had been at home from sea three weeks—I had known him five years, and</p>
<xptr type="pageFacsimile" doc="187701080028"/>
<p>had been with him on and off after each voyage—I had also been on and off with the prisoner, the same as any other gentlemen—I get my living by prostitution; the prisoner knew that—he knew that Allen came to see me, he had not been away two nights out of the three weeks.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-105" type="witnessName">
<interp inst="t18770108-name-105" type="gender" value="female"/>
<interp inst="t18770108-name-105" type="surname" value="DAY"/>
<interp inst="t18770108-name-105" type="given" value="EMILY"/>EMILY DAY</persName> </hi>. I live at 4, Bloomfield Street, in the same house with Eliza Beer; I pay rent to her—I am an unfortunate woman—on 18th December I was in bed with a man in the front parlor, I was lying awake, the man beside me was fast asleep—I heard the street door burst open first, and my room door next; it had been locked, but not bolted—the prisoner came into my room and said to the man who was lying by the side of me, the worse for drink "I will pay you," they had had a previous quarrel out
<lb/>side—he pulled the clothes off him and began to beat him; he then left off beating him and ran upstairs—I afterwards heard a fall—I remained down-stairs, Allen ran downstairs and went for a policeman—I saw nothing more till the police came and took the prisoner.</p>
<hi rend="italic">Cross-examined.</hi> I am quite sure that the prisoner struck Gilby, the man who was with me; he did not do more than pull him out of bed—I had not been in the prisoner's company that evening—I saw him in the African public-house, but 1 was not in his company, I was with Gilby in another compartment—the prisoner was a steady, well-conducted man up to this night—I had been living at that house about six weeks, Allen was there every day for three weeks out of the six.</p>
<hi rend="italic">Re-examined.</hi> Gilby was struck by the prisoner—he knew that Allen was with Beer during the three weeks.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-106" type="witnessName">
<interp inst="t18770108-name-106" type="gender" value="male"/>
<interp inst="t18770108-name-106" type="surname" value="GILBY"/>
<interp inst="t18770108-name-106" type="given" value="JAMES"/>JAMES GILBY</persName> </hi>. The prisoner was always a kind, good natured man, I have known him from his childhood—we had a quarrel that evening through drink.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-107" type="witnessName">
<interp inst="t18770108-name-107" type="gender" value="male"/>
<interp inst="t18770108-name-107" type="surname" value="ALLPRESS"/>
<interp inst="t18770108-name-107" type="given" value="THOMAS"/>THOMAS ALLPRESS</persName> </hi> (
<hi rend="italic">Policeman K</hi> 571). I was on duty in North Street, Poplar—about 1 o'clock on 19th December I saw deceased, and he had a cut on the temple, blood was running down the side of his nose, and he had a slight abrasion over the eye; in consequence of what he said I went to 4, Bloomfield Street and there found the prisoner lying partly under
<lb/>neath the bed in the front room upstairs—I awoke him; he was apparently asleep; he awoke as soon as I took hold of him; he appeared to be the worse for drink—I told him I should take him into custody for the assault—I noticed a chamber there, it was broken in several pieces and there was a little blood at the bottom of it.</p>
<hi rend="italic">Cross-examined.</hi> He went very quietly to the station—I had known him four or five years—he is a corn porter in the docks and lives at 6, Lyon Street, Poplar.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-108" type="witnessName">
<interp inst="t18770108-name-108" type="gender" value="female"/>
<interp inst="t18770108-name-108" type="surname" value="GRIMM"/>
<interp inst="t18770108-name-108" type="given" value="FRANCES ANN"/>FRANCES ANN GRIMM</persName> </hi>. I am the sister of Eliza Beer and live with my husband at 90, Gill Street, Limehouse—on Tuesday, 19th, about 1.30 a.m. Allen knocked at my door and asked to be taken in—I allowed him to come in and he laid down on the hearth rug in the back room; my husband got up at 5.30, I heard him call to Allen—about 6.15 I heard Allen go down stairs and open the street door; I then got up—Allen went outside and walked up and down in the street—when I came down he said he was very bad—I said "Do you feel any worse than you generally do?"—he said that he was very bad and that he was dying—I sent for Mr. McAndrew; while he was sent for Allen asked for a chair, I gave him a chair and he sat on it against the street door in the passage, I sup
<lb/>ported him, and before Mr. McAndrew came he died; that was about</p>
<xptr type="pageFacsimile" doc="187701080029"/>
<p>twenty minutes after I heard him open the door and go out—I had known him before by being in company with my sister.</p>
<hi rend="italic">Cross-examined.</hi> I had known him for some years—he has always comp
<lb/>lained of being ill ever since I have known him—I understood that he suffered very seriously from his heart, from what he told us.</p>
<hi rend="italic">Re-examined.</hi> Nothing was said about his heart that morning.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-109" type="witnessName">
<interp inst="t18770108-name-109" type="gender" value="male"/>
<interp inst="t18770108-name-109" type="surname" value="MCANDREW"/>
<interp inst="t18770108-name-109" type="given" value="JAMES JOHN"/>JAMES JOHN MCANDREW</persName> </hi>, M.R.C.S., Three Colt Street, Limehouse 90, Gill Street, is about a mile from 4, Bloomfield Terrace—on 19th December, about 6 o'clock a.m. I was sent for to 90, Gill Street—I found the deceased, seated in a chair supported by Mrs. Grimm, quite dead—there were some contusions about the eyes, one more especially, what is commonly called black eye—he had been bleeding a little from the nose, but he had wiped it off—there was an abrasion of the skin about the eye—I did not observe any other wound—I afterwards made a
<hi rend="italic">post-mortem</hi> examination—I found effusion of blood about the brain from a rupture of a blood vessel, and a small fracture at the base of the skull—the heart was enlarged to twice the ordinary size, the lungs were healthy, the liver was normal, but congested like that of a man who had been drinking lately; the spleen was natural, the kidneys inflamed and granular, the stomach and intestines natural,—in my judgment concussion of the brain was the cause of death—I believe the concussion caused the effusion of the blood vessel, not the actual rupture, that was very slight—the skull was the thinnest I have ever seen; I believe an ordinary skull submitted to the same amount of violence would come out unscathed—I do not, of course, know what the amount of violence was, but I can account for it in this way, that the peculiar fracture was caused by pitching on the head and the shock was communicated to the spine—I don't think a blow on the face with a fist would produce the fracture, unless it might in this being an exceptional case on account of the malformation of the bones—if he had been pulled out of bed violently and fallen on the top of his head, that would be the most probable way in which it would be occasioned—I don't think a fall against the chamber would aggravate it, that would shield and prevent the shock more or less, it would depend upon how he fell on it—death might have been due to the state of the heart if it had not been for the fracture of the skull—I think mere excitement might have caused the effusion.</p>
<hi rend="italic">Cross-examined.</hi> I have said that the effusion was caused by the con
<lb/>cussion and not by the fracture, the fracture was the exciting cause—if I had not seen the fracture I should have attributed the death to apoplexy—I should have been led to the belief that he died from heart disease—the effusion was capable of being caused without the fracture; where you have effusion you seldom have fracture—the effusion was on the surface of the brain, the fracture was at the base of the skull, at the hinder part, where the bones are weak—the effusion, however caused, was of itself sufficient to account for death; it depends upon the quantity—in my opinion the effusion was not caused so much by excitement as by the fracture—there were no internal injuries corresponding with the blow on the eye—the condition of the heart was such that it might have caused sanguineous apoplexy, or congestion of the brain, or effusion of blood on the brain—in my opinion the effusion arose from the violence which occasioned the fracture—excitement from the quarrel might have occasioned it—I did not say before the Magistrate that pure excitement alone might have caused it, I meant excitement caused by the quarrel and the fall—pure excitement'</p>
<xptr type="pageFacsimile" doc="187701080030"/>
<p>would cause sanguineous apoplexy, which would cause death—he had sanguineous apoplexy sufficient to cause death independent of the fracture, but I should not call it sanguineous apoplexy; I should call it effusion of blood on the brain; without the fracture it would be sanguineous apoplexy; with the fracture it would be owing to the violence.</p>
<hi rend="italic">Re-examined.</hi> I say that the death was due to concussion, and the concussion was due to violence to the skull, the fracture.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. The heart was in a bad condition, but I found no symptoms to lead me irresistably to the conclusion that he would have died of heart disease; I think be would have lived longer, I can't say how long—the fracture might have been caused by a blow from the fist, on account of the thinness of the skull, but a fall is what generally occasions that particular kind of fracture—that was the immediate cause of death, the remote cause would be disease of the heart—if I had not seen the fracture I should have thought he might have lived for years, perhaps ten year—from the condition of the heart there was nothing to lead me to suppose that he would have died within so short a period.</p>
<hi rend="smallCaps">
<rs id="t18770108-167-verdict-1" type="verdictDescription">
<interp inst="t18770108-167-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-167-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18770108-167-punishment-14" type="punishmentDescription">
<interp inst="t18770108-167-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18770108-167-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-167-18770108 t18770108-167-punishment-14"/>Six Months' Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, January</hi> 10
<hi rend="italic">th</hi>, 1877.</p>
<hi rend="italic">For cases tried this day see Essex, Kent, and Sussex cases</hi>).</p>
<hi rend="largeCaps">THIRD COURT</hi>
<hi rend="italic">Wednesday, January</hi> 10
<hi rend="italic">th</hi>, 1877.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18770108-168">
<interp inst="t18770108-168" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-168" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-168-charge-1" targOrder="Y" targets="def1-168-18770108 t18770108-168-offence-1 t18770108-168-verdict-1"/>
<join result="criminalCharge" id="t18770108-168-charge-2" targOrder="Y" targets="def2-168-18770108 t18770108-168-offence-1 t18770108-168-verdict-2"/>
<persName id="def1-168-18770108" type="defendantName">
<interp inst="def1-168-18770108" type="gender" value="male"/>
<interp inst="def1-168-18770108" type="age" value="21"/>
<interp inst="def1-168-18770108" type="surname" value="DOCKER"/>
<interp inst="def1-168-18770108" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE DOCKER</hi> (21)</persName>,
<hi rend="italic">and</hi>
<persName id="def2-168-18770108" type="defendantName">
<interp inst="def2-168-18770108" type="gender" value="male"/>
<interp inst="def2-168-18770108" type="age" value="22"/>
<interp inst="def2-168-18770108" type="surname" value="GRANEY"/>
<interp inst="def2-168-18770108" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN GRANEY</hi> (22)</persName>
<rs id="t18770108-168-offence-1" type="offenceDescription">
<interp inst="t18770108-168-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18770108-168-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 31 lbs. of tea, the property of
<persName id="t18770108-name-112" type="victimName">
<interp inst="t18770108-name-112" type="gender" value="male"/>
<interp inst="t18770108-name-112" type="surname" value="WHITE"/>
<interp inst="t18770108-name-112" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-168-offence-1 t18770108-name-112"/>Thomas White</persName>, Docker having been previously convicted of felony, to which </rs>
<hi rend="largeCaps">DOCKER</hi>
<hi rend="smallCaps">
<rs id="t18770108-168-verdict-1" type="verdictDescription">
<interp inst="t18770108-168-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-168-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18770108-168-punishment-15" type="punishmentDescription">
<interp inst="t18770108-168-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18770108-168-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-168-18770108 t18770108-168-punishment-15"/>Twelve Month's Imprisonment.</rs> </hi> </p>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-113" type="witnessName">
<interp inst="t18770108-name-113" type="gender" value="male"/>
<interp inst="t18770108-name-113" type="surname" value="CURRIE"/>
<interp inst="t18770108-name-113" type="given" value="JAMES"/>JAMES CURRIE</persName> </hi>. I live at 13, Laburnam Street, Queensland Road, and am employed by Messrs. Neale & Co., wharfingers—on 13th December, about 4.10, I was going to the third floor of the warehouse when I heard a noise, turned on my light, and saw the prisoners—Graney was trying to conceal himself under a cloth—I called to Radnor—I found several cases of tea broken open, with tea similar to that found on Graney.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-114" type="witnessName">
<interp inst="t18770108-name-114" type="gender" value="male"/>
<interp inst="t18770108-name-114" type="surname" value="RADNOR"/>
<interp inst="t18770108-name-114" type="given" value="JOHN"/>JOHN RADNOR</persName> </hi> (
<hi rend="italic">Wharf Constable</hi>). I was called by Currie and found Graney under a sheet—I said "What are you doing there?"—he said "I have only come to have a lie down"—I said that I should charge him with being there for an unlawful purpose—I took him to the station—I found some tea (
<hi rend="italic">produced</hi>) in Graney's pockets.</p>
<hi rend="italic">Graney's Defence.</hi> I had been employed there during the day and left my smock and went to search for it.</p>
<hi rend="smallCaps">
<rs id="t18770108-168-verdict-2" type="verdictDescription">
<interp inst="t18770108-168-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-168-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">He was further charged with having been convicted of felony, in August</hi>, 1873,
<hi rend="italic">to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>**—
<hi rend="italic">
<rs id="t18770108-168-punishment-16" type="punishmentDescription">
<interp inst="t18770108-168-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18770108-168-punishment-16" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-168-18770108 t18770108-168-punishment-16"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">FOURTH COURT</hi>.—
<hi rend="italic">Wednesday, January</hi> 10
<hi rend="italic">th</hi>, 1877.</p>
<hi rend="italic">Before Robert Malcom Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18770108-169">
<interp inst="t18770108-169" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-169" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-169-charge-1" targOrder="Y" targets="def1-169-18770108 t18770108-169-offence-1 t18770108-169-verdict-1"/>
<persName id="def1-169-18770108" type="defendantName">
<interp inst="def1-169-18770108" type="gender" value="male"/>
<interp inst="def1-169-18770108" type="age" value="32"/>
<interp inst="def1-169-18770108" type="surname" value="SULLIVAN"/>
<interp inst="def1-169-18770108" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SULLIVAN</hi> (32)</persName>
<rs id="t18770108-169-offence-1" type="offenceDescription">
<interp inst="t18770108-169-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18770108-169-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing a watch, the property of
<persName id="t18770108-name-116" type="victimName">
<interp inst="t18770108-name-116" type="gender" value="male"/>
<interp inst="t18770108-name-116" type="surname" value="EADES"/>
<interp inst="t18770108-name-116" type="given" value="GEORGE AUGUSTUS"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-169-offence-1 t18770108-name-116"/>George Augustus Eades</persName>.</rs> </p>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-117" type="witnessName">
<interp inst="t18770108-name-117" type="gender" value="male"/>
<interp inst="t18770108-name-117" type="surname" value="NASH"/>
<interp inst="t18770108-name-117" type="given" value="FREDERICK"/>FREDERICK NASH</persName> </hi>. I am a qualified and registered surgeon—I saw the prosecutor this morning—he was ill in bed suffering from sciatica, and also</p>
<xptr type="pageFacsimile" doc="187701080031"/>
<p>has rheumatism in both knees and the right ankle—he cannot get out of bed. (
<hi rend="italic">The Prosecutor's deposition was put in and read.</hi>) '</p>
<hi rend="smallCaps">
<persName id="t18770108-name-118" type="witnessName">
<interp inst="t18770108-name-118" type="gender" value="male"/>
<interp inst="t18770108-name-118" type="surname" value="BURR"/>
<interp inst="t18770108-name-118" type="given" value="WILLIAM"/>WILLIAM BURR</persName> </hi> (
<hi rend="italic">City Policeman</hi> 701). I was present when the prisoner was before Alderman Finnis—he slightly cross-examined the prosecutor; he had full opportunity of doing so—I believe he was first before the Lord Mayor.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-119" type="witnessName">
<interp inst="t18770108-name-119" type="gender" value="male"/>
<interp inst="t18770108-name-119" type="surname" value="PYMAN"/>
<interp inst="t18770108-name-119" type="given" value="FREDERICK ARTHUR"/>FREDERICK ARTHUR PYMAN</persName> </hi>. I live at 3, Lincoln Terrace, Bow, and am a wine merchant—on Saturday evening, 9th December, I was at the bottom of the steps in New London Street and saw the prisoner and prosecutor straggling together—I said "What are you doing here?—the prosecutor said "This man has got my watch"—the prisoner said "Who has got your watch"—the prosecutor replied "You
<hi rend="italic">had</hi>, but you have put it back again"—I fetched constable 70
<hi rend="italic">l</hi>—when I came back the prosecutor was holding the prisoner and they were struggling.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I should think I was gone about a minute and a half—I will swear it was not more—neither of you were in liquor—I did not see the watch till the prosecutor took it out of his pocket at the station.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-120" type="witnessName">
<interp inst="t18770108-name-120" type="gender" value="male"/>
<interp inst="t18770108-name-120" type="surname" value="BURR"/>
<interp inst="t18770108-name-120" type="given" value="WILLIAM"/>WILLIAM BURR</persName> </hi> (
<hi rend="italic">re-examined</hi>). At 9 o'clock on the evening in question I was called to the steps in New London Street where I saw the prosecutor and the prisoner struggling—the prosecutor had his left arm round the pri
<lb/>soner and his right hand had hold of his left wrist—the prosecutor gave the prisoner in charge for robbing him of his watch—I heard him call" Police!" and he said "This man has stolen my watch"—the prisoner said that he had not—I said "Where is the watch?" and the prosecutor said "He gave it me back again when he found he could not get away, and I called out' Police!'"—the prosecutor gave me this watch (
<hi rend="italic">produced</hi>).</p>
<hi rend="italic">Cross-examined.</hi> I saw the watch in the prosecutor's hand—you said you had not stolen it and "If I had known you meant this I should have been off." (
<hi rend="italic">The depositions, being referred to, did not contain this statement.</hi>) You told me you had sent some articles on Thursday, 7th, to the shipping office, and you referred me there for your name, address, and occupation, which, on going there, I found to be correct—this is your certificate of discharge two years since.</p>
<hi rend="italic">The Prisoner's Statement before the Magistrate.</hi> I had been drinking with the prosecutor, and we left the public-house together. I tumbled down the steps against the prosecutor and he laid hold of me round the body. If I had wanted to go away I could have gone. I am a hard working man and have got testimonials to prove it."</p>
<hi rend="italic">Prisoner's Defence.</hi> You can see plainly that if I wished to get away or rob the man I could have got away, but I never attempted to rob him. I was drinking for nearly an hour in his company. He asked me if I was a seaman, (having the appearance of a seaman) and I told him I was I told him I had been to America, and he asked me if I had been to the Western Coast of Africa, and I told him I had been to Calabar and other parts of the coast. He asked me how many times I had been to America, and I said "About twenty times, in the mail boats." We had plenty of drink together. I came out to go home, down near the side of these steps, and I tumbled down, having had a little too much to drink, and hurt my shoulder, very near put it out. I tried to steady myself on the next flight but tumbled down that, and
<hi rend="italic">grabbed</hi> hold of the prosecutor to save myself. He turned round and
<hi rend="italic">catched</hi> me round the body and called "Police!" He says "You have stolen my</p>
<xptr type="pageFacsimile" doc="187701080032"/>
<p>watch, and I will lock you up." I said "What for?" He said "You are robbing me." I said "If you think I am robbing you I will stand here till the police come." The witness passed by and went for the police. He then says "You stole my watch." I said "It's a lie, I never stole anything in my life." He said "I don't care a d——n, I will lock you up."</p>
<hi rend="italic">The Prisoner also handed in a written statement to the same effect.</hi> </p>
<hi rend="smallCaps">
<rs id="t18770108-169-verdict-1" type="verdictDescription">
<interp inst="t18770108-169-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18770108-169-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>. (
<hi rend="italic">See Fourth Court Thursday.</hi>)</p> </div1>
<div1 type="trialAccount" id="t18770108-170">
<interp inst="t18770108-170" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-170" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-170-charge-1" targOrder="Y" targets="def1-170-18770108 t18770108-170-offence-1 t18770108-170-verdict-1"/>
<persName id="def1-170-18770108" type="defendantName">
<interp inst="def1-170-18770108" type="gender" value="male"/>
<interp inst="def1-170-18770108" type="age" value="22"/>
<interp inst="def1-170-18770108" type="surname" value="SMITH"/>
<interp inst="def1-170-18770108" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES SMITH</hi> (22)</persName>
<rs id="t18770108-170-offence-1" type="offenceDescription">
<interp inst="t18770108-170-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18770108-170-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing a ring, the property of
<persName id="t18770108-name-122" type="victimName">
<interp inst="t18770108-name-122" type="gender" value="female"/>
<interp inst="t18770108-name-122" type="surname" value="WELLS"/>
<interp inst="t18770108-name-122" type="given" value="BARBARA"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-170-offence-1 t18770108-name-122"/>Barbara Wells</persName>.</rs> </p>
<hi rend="smallCaps">MESSRS. BESLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-123" type="witnessName">
<interp inst="t18770108-name-123" type="gender" value="female"/>
<interp inst="t18770108-name-123" type="surname" value="GANNON"/>
<interp inst="t18770108-name-123" type="given" value="MARY FRANCES"/>MARY FRANCES GANNON</persName> </hi>. I am a widow and have a house at 12, Pem
<lb/>broke Square, Kensington, which I let to the prisoner's father on 21st August, and received eight guineas in advance, but had no reference—I saw the prisoner there; he gave the name of Smith—he is not my son and had no authority to take my name—I have no son named John Gannon, who wrote this letter of 5th September.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-124" type="witnessName">
<interp inst="t18770108-name-124" type="gender" value="male"/>
<interp inst="t18770108-name-124" type="surname" value="JOHNSON"/>
<interp inst="t18770108-name-124" type="given" value="ALEXANDER"/>ALEXANDER JOHNSON</persName> </hi>. I manage the watch and clock business of Mrs. Wells, 12, High Street, Kensington—on 26th September, in consequence of a message, I went to Mrs. Gannon's house, 12, Pembroke Square, where I saw the prisoner; he showed me the clocks round the house, and afterwards told me his brother, Mr. Gannon, had seen a ring in Mrs. Wells' shop marked 10
<hi rend="italic">l</hi>. and wanted to know if we would take anything less, and if we would take 9
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. we were to send it—I said I could not say what we would take for it—I said nothing about payment—nothing was said about credit being given—he answered the door—I afterwards looked in the directory for the name of Gannon and sent the ring round by Gilbert, a porter, the same night.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> You answered the door to me when I came to look at the clocks, and told me you had a clock upstairs that wanted seeing to—a female did not open the door to me—you did not give me any name at first.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-125" type="witnessName">
<interp inst="t18770108-name-125" type="gender" value="male"/>
<interp inst="t18770108-name-125" type="surname" value="GILBERT"/>
<interp inst="t18770108-name-125" type="given" value="HENRY"/>HENRY GILBERT</persName> </hi>. I am a porter to Mrs. Wells—on 26th September I took a diamond ring to Mrs. Gannon's, 12, Pembroke Square, Kensington—the prisoner, who was there, said that his brother was not at home, but if I called later in the evening I could see him—I left the ring and went back in three quarters of an hour, but did not see him again—he came to the, shop later in the evening and saw Mr. King, the manager.</p>
<hi rend="italic">Cross-examined.</hi> I gave the ring into your hand.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-126" type="witnessName">
<interp inst="t18770108-name-126" type="gender" value="male"/>
<interp inst="t18770108-name-126" type="surname" value="GODDARD"/>
<interp inst="t18770108-name-126" type="given" value="WILLIAM"/>WILLIAM GODDARD</persName> </hi>. I am a draper, of St. Lawrence Road, New Cross—I was seeking to buy a business in September last, and in consequence of a letter I saw the prisoner at 12, Pembroke Square, Kensington, and showed him this note I had had—he told me his name was Smith, and I put "mith" to the initials "C. S."—he wrote down these particulars in my presence.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-127" type="witnessName">
<interp inst="t18770108-name-127" type="gender" value="male"/>
<interp inst="t18770108-name-127" type="surname" value="CHABOT"/>
<interp inst="t18770108-name-127" type="given" value="CHARLES"/>CHARLES CHABOT</persName> </hi>. I have made handwriting my study—this letter of 5th September is in the same writing as this pencil writing written in the presence of the last witness.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-128" type="witnessName">
<interp inst="t18770108-name-128" type="gender" value="male"/>
<interp inst="t18770108-name-128" type="surname" value="SMITH"/>
<interp inst="t18770108-name-128" type="given" value="WILLIAM"/>WILLIAM SMITH</persName> </hi> (
<hi rend="italic">City Police Sergeant</hi>). I had held a warrant against the prisoner and went to Slough on 21st October—the shop there was closed and I went on to Hanwell, where I saw the prisoner in the road near Clifton Villas, with Holt, who said "This is Mr. Morgan"—I said to him</p>
<xptr type="pageFacsimile" doc="187701080033"/>
<p>"I have a warrant for your arrest, and shall charge you with complicity with your father in obtaining a large quantity of goods from Mr. Candy and others; your name is Smith and you absconded from Slough"—he said that he had not—I then went into 3, Clifton Villas, where he was staying, and found three boxes packed up and some large parcels addressed from Hanwell to Paddington; there was no name on them.</p>
<hi rend="italic">The Prisoner put in a written defence, stating that he had acted entirely for his father, and by his directions.</hi>
<hi rend="smallCaps">
<rs id="t18770108-170-verdict-1" type="verdictDescription">
<interp inst="t18770108-170-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18770108-170-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>. (
<hi rend="italic">See Fourth Court Thursday.</hi>)</p> </div1>
<div1 type="trialAccount" id="t18770108-171">
<interp inst="t18770108-171" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-171" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-171-charge-1" targOrder="Y" targets="def1-171-18770108 t18770108-171-offence-1 t18770108-171-verdict-1"/>
<persName id="def1-171-18770108" type="defendantName">
<interp inst="def1-171-18770108" type="gender" value="male"/>
<interp inst="def1-171-18770108" type="age" value="42"/>
<interp inst="def1-171-18770108" type="surname" value="SPICER"/>
<interp inst="def1-171-18770108" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SPICER</hi> (42)</persName>
<rs id="t18770108-171-offence-1" type="offenceDescription">
<interp inst="t18770108-171-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18770108-171-offence-1" type="offenceSubcategory" value="simpleLarceny"/>,
<hi rend="smallCaps">
<rs id="t18770108-171-verdict-1" type="verdictDescription">
<interp inst="t18770108-171-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-171-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to stealing a watch of
<persName id="t18770108-name-130" type="victimName">
<interp inst="t18770108-name-130" type="gender" value="male"/>
<interp inst="t18770108-name-130" type="surname" value="BOSTLEMAN"/>
<interp inst="t18770108-name-130" type="given" value="PETER"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-171-offence-1 t18770108-name-130"/>Peter Bostleman</persName>, after a previous conviction in 1876.**—</rs>
<hi rend="italic">
<rs id="t18770108-171-punishment-17" type="punishmentDescription">
<interp inst="t18770108-171-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18770108-171-punishment-17" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-171-18770108 t18770108-171-punishment-17"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18770108-172">
<interp inst="t18770108-172" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-172" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-172-charge-1" targOrder="Y" targets="def1-172-18770108 t18770108-172-offence-1 t18770108-172-verdict-1"/>
<persName id="def1-172-18770108" type="defendantName">
<interp inst="def1-172-18770108" type="gender" value="male"/>
<interp inst="def1-172-18770108" type="age" value="25"/>
<interp inst="def1-172-18770108" type="surname" value="STANKEWEIT"/>
<interp inst="def1-172-18770108" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES STANKEWEIT</hi> (25)</persName>
<rs id="t18770108-172-offence-1" type="offenceDescription">
<interp inst="t18770108-172-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18770108-172-offence-1" type="offenceSubcategory" value="burglary"/>, to stealing, in the dwelling-house of
<persName id="t18770108-name-132" type="victimName">
<interp inst="t18770108-name-132" type="gender" value="male"/>
<interp inst="t18770108-name-132" type="surname" value="GURNEY"/>
<interp inst="t18770108-name-132" type="given" value="EDWIN"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-172-offence-1 t18770108-name-132"/>Edwin Gurney</persName>, one locket and other articles, and after
<lb/>wards burglariously breaking out of the same</rs>
<rs id="t18770108-172-punishment-18" type="punishmentDescription">
<interp inst="t18770108-172-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18770108-172-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-172-18770108 t18770108-172-punishment-18"/>
<hi rend="italic">Twelve Months' Imprisonment.</hi> </rs>
<rs id="t18770108-172-verdict-1" type="verdictDescription">
<interp inst="t18770108-172-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-172-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> And</p> </div1>
<div1 type="trialAccount" id="t18770108-173">
<interp inst="t18770108-173" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-173" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-173-charge-1" targOrder="Y" targets="def1-173-18770108 t18770108-173-offence-1 t18770108-173-verdict-1"/>
<persName id="def1-173-18770108" type="defendantName">
<interp inst="def1-173-18770108" type="gender" value="male"/>
<interp inst="def1-173-18770108" type="age" value="21"/>
<interp inst="def1-173-18770108" type="surname" value="FRENCH"/>
<interp inst="def1-173-18770108" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS FRENCH</hi> (21)</persName>
<rs id="t18770108-173-offence-1" type="offenceDescription">
<interp inst="t18770108-173-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t18770108-173-offence-1" type="offenceSubcategory" value="other"/>, to maliciously breaking a pane of glass, the property of
<persName id="t18770108-name-134" type="victimName">
<interp inst="t18770108-name-134" type="gender" value="male"/>
<interp inst="t18770108-name-134" type="surname" value="MCDOUGAL"/>
<interp inst="t18770108-name-134" type="given" value="RONALD"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-173-offence-1 t18770108-name-134"/>Ronald McDougal</persName> in the night time, exceeding in value 5
<hi rend="italic">l</hi>.—</rs>
<rs id="t18770108-173-verdict-1" type="verdictDescription">
<interp inst="t18770108-173-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-173-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.] </rs>
<rs id="t18770108-173-punishment-19" type="punishmentDescription">
<interp inst="t18770108-173-punishment-19" type="punishmentCategory" value="noPunish"/>
<interp inst="t18770108-173-punishment-19" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-173-18770108 t18770108-173-punishment-19"/>
<hi rend="italic">Judgment respited.</hi> </rs> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Thursday, January</hi> 11
<hi rend="italic">th</hi>, 1877.</p>
<hi rend="italic">Before Mr. Baron Hawkins.</hi> </p>
<div1 type="trialAccount" id="t18770108-174">
<interp inst="t18770108-174" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-174" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-174-charge-1" targOrder="Y" targets="def1-174-18770108 t18770108-174-offence-1 t18770108-174-verdict-1"/>
<persName id="def1-174-18770108" type="defendantName">
<interp inst="def1-174-18770108" type="gender" value="male"/>
<interp inst="def1-174-18770108" type="age" value="24"/>
<interp inst="def1-174-18770108" type="surname" value="MCCONNON"/>
<interp inst="def1-174-18770108" type="given" value="MICHAEL"/>
<hi rend="largeCaps">MICHAEL McCONNON</hi> (24)</persName>, was indicted
<rs id="t18770108-174-offence-1" type="offenceDescription">
<interp inst="t18770108-174-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18770108-174-offence-1" type="offenceSubcategory" value="murder"/> for the wilful murder of
<persName id="t18770108-name-136" type="victimName">
<interp inst="t18770108-name-136" type="gender" value="male"/>
<interp inst="t18770108-name-136" type="surname" value="JOHNSON"/>
<interp inst="t18770108-name-136" type="given" value="NOAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-174-offence-1 t18770108-name-136"/>Noah Johnson</persName>; he was
<hi rend="italic">also</hi> charged on the Coroner's Inquisition, with the 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>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. J. P. GRAIN</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-137" type="witnessName">
<interp inst="t18770108-name-137" type="gender" value="male"/>
<interp inst="t18770108-name-137" type="surname" value="SHEPHERD"/>
<interp inst="t18770108-name-137" type="given" value="CHARLES"/>CHARLES SHEPHERD</persName> </hi>. I am a sergeant of the first battalion of Grenadier Guards, which is stationed at Chelsea Barracks—the deceased, Noah John
<lb/>son, was a private in that battalion, the prisoner was a private in the second battalion—on the night of 25th December, I was sergeant on guard in the guard-room-men in the regiment are confined in the guard-room for drunkenness, and all other offences—there is a large bed in the guard-room, I suppose it would hold twenty men, it is a board or bank raised at one end—on 25th December, at 11.30 there were three men confined in the guard-room, Rawlings was one, he was confined for dis
<lb/>obedience to orders; he was sober—Slack was brought in by an escort at 6.10 from the Tower, he was sober; the third man was Brewerton, he was in custody for absence; he belonged to the third battalion, and I did not take any account of him, he was sober—at 11.30 Johnson came in, he was drunk and dirty; the back of his coat was dirty; I ordered him into the guard-room—at 11.50 the prisoner was brought in
<hi rend="italic">by</hi> two police-constables and Corporal Jacobs, he was drunk—he was reported to be drunk
<hi rend="italic">by</hi> the corporal who brought him in—he was placed in the guard-room between the escort, Nuttall and Carter—I noticed that his cap was dirty as if it had been in the mud, and his tunic was dirty on the sleeve, I ordered Nuttall and Carter, to see him in the lock up—the prisoner said "Are you going to do me drunk"—I told him to mind his own business—the expression "do me drunk" is a common saying with soldiers, it meant was I going to keep him in the guard-room, to treat him as a drunken man—it would have been my duty next morning to report him for drunkenness—I saw him put in the lock up; that is where the prisoners are confined, it is the same place in which the other men were confined; it is not the same as the guard-room, the guard-room is where the men are on guard—it is all one room.; there is</p>
<xptr type="pageFacsimile" doc="187701080034"/>
<p>a door leading from the guard-room into the passage, and there is another door leading into the lock up, and on the other side of the passage there are three or four cells—I saw the prisoner put in the lock up; he made tie fifth man there—there is a peep-hole in the wall of the lock up from the guard-room—there was a light in the lock up—you cannot see quite all of the lock up from the peep-hole, you can see the whole of what is called the bed, the bed comes right under the peep-hole—the bed runs from the one end of the wall to the other, the peep-hole is above the bed, so that you can see all the way up it, I believe it is about a yard above the bed; in looking through it you cannot see the part of the bed nearest the peep-hole—the peep-hole is about as big as the top of that inkstand, it might be a little larger, about as big as a 5
<hi rend="italic">s</hi>. piece, and there is a slide goes over it—a brick wall separates the lock up from the guard-room—it is my duty to be in tie guard-room during the night, I do not keep the peep-hole always open during the whole night; there is no glass to it, there used to be, but it is deficient—when the slide is up you can put a stick right through the peep-hole into the lock up, the slide is an iron one—at the time I put the prisoner in I saw the inside of the lock up, I noticed the four other men who were already in there; I went to the door so as to be able to see the men distinctly; three of the men were at the far end of the lock up lying on the bed asleep, Slack, Brewerton, and Rawlings—Johnson was lying on the same bed nearly opposite the door, asleep—I looked through the peep-hole at 12 o'clock, and the four men were in the same position, and appeared to be asleep; the prisoner was sitting on the bed between Johnson and the other three, nearer Johnson, about a yard away from him, he was sitting with his feet on the floor; he was sitting near Johnson's feet—he had his tunic off, it was on when I put him in—Johnson's tunic was on—I am sure of that—the prisoner was sitting with—his body inclining forward, and his arms across his knees, and his faces towards the wall opposite the bed—I could not see whether he was asleep or not; it was a mere momentary glance—I then closed the slide—my attention was next attracted to the lock-up about a quarter of an hour after, by cries of "Murder" and "Sergeant of the guard" proceeding from the lock-up—I then looked through the peep-hole; I saw that Johnson was off the guard bed and I saw the remaining four prisoners at the end of the lock-up; the prisoner was standing over a man, pulling at his legs, the remainder were in the act of getting up—I am not certain of the man whose legs he was pulling—Rawlings, Slack, and Brewerton were all on the bed—the prisoner was not standing up; he was bent over—the men were all aroused at the time—I immediately went to the lock-up with the escort—when I got in I saw Johnson lying on the floor behind the lock-up door—I could not see him, looking from the peep-hole; he was lying faces downwards, his left side was resting against the foot of one of the legs of the guard bed, in a pool of blood—I turned him over, I could not recognise him, he was that much bruised, and his face covered with blood—he appeared to be dead—he was not then wearing his tunic; his shirt was smothered in blood—I ordered Nuttall and Carter to take the prisoner and place him in a cell; he said "Take me to a cell, for I have killed him"—he was then sitting near Johnson's feet, he was drunk—I noticed his shirt, hands, and boots; the boots were saturated with blood, covered all over, and his hands had blood on them, and his shirt—he was then put into a cell on the other side of the passage, and Mr. Fernandez, the surgeon, was sent for—I saw Johnson's</p>
<xptr type="pageFacsimile" doc="187701080035"/>
<p>tunic on the guard bed over where he was lying; this is it (
<hi rend="italic">produced</hi>)—Johnson was lying at the foot of the guard bed on the floor, and his tunic was over where he was lying; I noticed that one of the epaulets was torn in this condition, and the button was off the other one—this is exactly the state in which it was when I found it—the epaulet was on when Johnson was brought in, and the button on the other side as well, and the tunic was not torn, it was all right—I found the epaulet on the floor near his feet, it it has been lost since—I afterwards searched the prisoner in the presence of the adjutant and the doctor, but found nothing—he said nothing—after he was left in the cell he was very riotous, kicking at the door, and I then had his boots taken off—about 3.15 Sergeant Thompson, of the police, came and fetched the prisoner; I gave him the boots.</p>
<hi rend="italic">Cross-examined.</hi> The deceased was in my battalion, the 1st, quartered at Chelsea barracks—the prisoner was in the 2nd battalion and was quartered at Wellington barracks, Birdcage Walk—they might have been quite strangers—when men are brought in drunk and put into the lock-up their boots are not taken from them unless they make a noise or kick the door, that is if they are riotous—it is not an understood thing in our battalion if a man is very drunk to take his boots off—the bed is a sloping bank, sloping down from the wall—when I looked in at 12. o'clock he was lying down in his tunic, he was lying in the ordinary way, with his head on the raised part of the bank and his feet at the bottom of the slope—I hare marked on the plan the spot where he was lying, and also the spot where I found the body when I went in at 12.15—the bank is about 7 feet in length from the wall to the foot, and about 7 yards long from wall to wall, that is the length of the lock-up—there' is about a yard's space at the entrance, just enough room for a man to walk up and down; two men might walk up and down together; that extends the whole length—when I went in and found the body I found the tnuic lying, on the bank as if it had been thrown there, and the epaulet was on the ground.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. When the slide is down you cannot hear anybody talking in the lock up—we put all prisoners in the lock-up unless they are riotous, then we have to shift them into the cells for safety—if a sober man is put into the lock-up at 10 o'clock in the morning for disobedience, and a drunken man comes in at 12 or 1 o'clock, he would be put into the same room—if half a dozen drunken men, not riotous, came in, they would be put in the same room where the man was sleeping who had only been guilty of dis
<lb/>obedience—there is no order in our battalion to put the men in cells; the door that leads into the lock up from the passage is a wooden door; that is the only door to the lock up; it is close to the door of the guard-room—you have to pass through two doors to get from the guard-room into the lock up, one into the passage and another from the passage into the lock up—the guard-room door is an ordinary wooden door; it is opened from time to time and closed after it has been used; this was on Christmas night—there is a sentry at the entrance gate in front of the guard-room—the officer of the day does not visit us at night-no one visits at night—when anyone comes in, the sentry calls out "Gate," and the gate is opened—there is a wooden bed-place in the guard-room of the same kind as that—in the lock up for the men to lie down on—there would be about twenty men usually in the guard-room—there were two separate guards, two sergeants or acting corporals, and eighteen privates; the lock up was entirely under my control that night—no one had any duty to look into that room except</p>
<xptr type="pageFacsimile" doc="187701080036"/>
<p>myself; a number of the twenty men had just come off sentry, and were sitting by the side of the fire, and a number of them were lying on the guard bed—if a man was riotous in the lock up, he would go into the cell, because he would be annoying the other prisoners; if a man came in drunk and incapable and obliged to be carried in he would be put in the cell; if he was only staggering he would not be put in a cell, he would be put in the guard-room—it is my duty from time to time to visit the lock up, once every hour, at the hour—I did not go in after the prisoner was confined, because he was confined at 11.50, and that was under the hour—there is no fixed time to visit, the sergeant uses his discretion; I generally visit at uncertain times—there is nobody whose duty it is to keep a constant watch; there is no sentry over them to watch them constantly—I frequently look through the peep-hole.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-138" type="witnessName">
<interp inst="t18770108-name-138" type="gender" value="male"/>
<interp inst="t18770108-name-138" type="surname" value="SLACK"/>
<interp inst="t18770108-name-138" type="given" value="JOHN"/>JOHN SLACK</persName> </hi>. I am a private in the first battalion of the Grenadier Guards—I was confined in the lock up at 6.15 on Christmas night—I had come from the Tower in custody of an escort—I had been in confinement from the previous night for being drunk, at 5.45; when I was put into the lock up at Chelsea Barracks, I was quite sober—there was another man there when I was put in, Rawlings; he was awake and sober—I afterwards went to sleep on the wooden bed—there was then nobody else in the lockup but Rawlings—I can't say what time it was when I awoke—I don't know what caused me to awake—I sat up and saw the prisoner standing over the other man and kicking him at the side of the head as he laid on the floor—I did not hear them say anything—the man was lying straight out on his back and his hands were lying down by his side—I did not see him move at all; his head was towards the wall where the peep-hole is—the prisoner stood at the side of him, with his face towards the hole—I only saw him kick him once; it was a violent kick—he had his boots on—when I saw this I was still on the bed—I noticed that there were then two other men in the lock up besides rue, Brewerton and Rawlings—I was lying at the further end of the lock up against the wall, Brewerton was next to me, and Rawlings next to him—they were not awake when I saw this, neither of them—after the kick the prisoner came towards me and took hold of Brewerton by the legs and said "If you take this man's part I will serve you the same"—Brewerton was not awake when he said this; he said it directly he pulled his legs; he might have pulled him a couple of feet off the bed from what I could see—Brewerton woke up and shouted out for the sergeant of the guard, and I called out "Murder"—the prisoner was then standing against the guard bed—he spoke in a violent manner—he did not say or do anything when I called out—I did not notice the peep-hole when I called out—you can tell when it is opened if you look; I did not notice it at all—when we called out the sergeant of the guard came in—the prisoner was then sitting in the middle of the guard bed, 2 or 3 yards off from the man on the ground—he seemed to be very violent—we were on the bed when the sergeant came in—we got off afterwards, and I went out into the guard room and know no more about it—I did not know the prisoner before that night, nor Johnson, Brewerton, or Rawlings—I did not know when Brewerton or the deceased or the prisoner came into the lockup.</p>
<hi rend="italic">Cross-examined.</hi> I was examined before the Magistrate—I said "I only saw the prisoner give one kick; I did not notice the man much."</p>
<hi rend="smallCaps">
<persName id="t18770108-name-139" type="witnessName">
<interp inst="t18770108-name-139" type="gender" value="male"/>
<interp inst="t18770108-name-139" type="surname" value="BREWERTON"/>
<interp inst="t18770108-name-139" type="given" value="JOHN"/>JOHN BREWERTON</persName> </hi>. I am a private in the third battalion of the Grenadier Guards—on the night of Christmas Day I was put into the lock-up at</p>
<xptr type="pageFacsimile" doc="187701080037"/>
<p>Chelsea Barracks at 10.30 for being absent over leave—I was sober—when I went in Slack and Rawlings were there—I went to sleep on the bed about half an hour after I got inside—I was aroused by the prisoner having hold of my legs; he was pulling me off the guard bed—he said If you like to get up and take the man's part I will serve you the same"—I got up on the bed on my feet and said "I do not want to take his part"—as soon as he said the words I looked round to the left and saw the man lying on the floor—I did not see him move at all—he was lying nearly on his right side, with his head up against the wall nearest the guard-room, where the peep hole is—I could see that he was smothered in blood—the prisoner kept saying something, but I did not take notice of all the words he said—I woke Rawlings up; the other man was awake; I said "Get up here; he has been killing a man, and he is going to pitch into me now"—we then all got" up on the guard-bed, and the prisoner sat down close to where I was lying—we hallooed for the sergeant of the guard, and Sergeant Shepherd and the sergeant of the third battalion came to the door—the prisoner was then down by the door, but I did not' see him get up off the guard bed'—he stood up, and the sergeant ordered him to be taken in the cell—he said he did not want any taking, he bad killed the man and he could walk in—I saw him go in the cell; he walked in; I think Corporal Eastman went in along with him—I went into the guard-room for two or three minutes, and then I went into a cell while the dead body was moved out—I know nothing more about it.</p>
<hi rend="italic">Cross-examined.</hi> From the time I went to sleep till I was pulled by the legs, I was not awake, and do not know who came into the guard-room—he said to Shepherd "I have killed the man, and I can walk in."</p>
<hi rend="smallCaps">
<persName id="t18770108-name-140" type="witnessName">
<interp inst="t18770108-name-140" type="gender" value="male"/>
<interp inst="t18770108-name-140" type="surname" value="RAWLINGS"/>
<interp inst="t18770108-name-140" type="given" value="ALFRED JOHN"/>ALFRED JOHN RAWLINGS</persName> </hi>. I am a private in the first battalion of Grenadier Guards—I was confined in the lock up on Sunday night about 10 o'clock, for refusing to go on picket—at 10.30, on Christmas Day I was sober—I went to sleep about 10.30—Brewerton and Slack were there in the lock up besides me—I was awoke by Brewerton, who said there was a man murdered on the guard-room floor—I then saw the prisoner standing against Brewerton—he said he would murder him as well; I don't recollect his exact words—he was not doing anything to Brewerton then; I saw Johnson lying on the floor—I called the sergeant of the guard and shouted "Murder!" twice; I did not hear the sergeant order the escort to take the prisoner to the cell; I did not hear the prisoner say anything else—I did not know him before, I knew Johnson.</p>
<hi rend="italic">Cross-examined.</hi> I was in the same battalion with Johnson, and in the same barracks—I have not been examined as a witness before.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-141" type="witnessName">
<interp inst="t18770108-name-141" type="gender" value="male"/>
<interp inst="t18770108-name-141" type="surname" value="BROWN"/>
<interp inst="t18770108-name-141" type="given" value="HENRY"/>HENRY BROWN</persName> </hi>. I a private in the first battalion of Grenadier Guards—I knew the deceased, Noah Johnson, for the last four years; I have seen the prisoner before at different times, but have not known him properly—I had seen him at Chelsea barracks about four months before, and knew him as a soldier in the Grenadier Guards—on the night of Christmas Day, I was at the Guardsman beer-house, in Lower George Street, Chelsea, about 200 or 300 yards from Chelsea barracks—I went there somewhere about 9 o'clock, it might be a little after—about 10.35, Johnson came to the front door, he was the worse for beer; he was very near drunk, he could stand up—the prisoner came in about five minutes after Johnson; they were both in uniform; there were no other guardsmen in the same room—I and Johnson and the prisoner were in a room together, and a lot</p>
<xptr type="pageFacsimile" doc="187701080038"/>
<p>of civilians, but no other soldiers that I know of—the prisoner called John
<lb/>son a liar—he said "You are a b——liar"—Johnson said "You are the same," or something like that, I could not swear exactly; he did not repeat the words—this was said directly after the prisoner came in; when Johnson said "You are the same," the prisoner said nothing, he
<hi rend="italic">failed</hi> up against Johnson—Johnson dropped his stick which he had under his arm, and he stooped down and picked it up, and I drank up my beer and went away—I was examined before the Magistrate, not before the Coroner—the prisoner said nothing else besides what I have stated—I did not hear why he called Johnson a b——liar; that was all I heard—it was about 11.45 or 11.40 when I left—I was sober; I had leave that night, and did not return to the barracks until the following morning.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-142" type="witnessName">
<interp inst="t18770108-name-142" type="gender" value="male"/>
<interp inst="t18770108-name-142" type="surname" value="WHEELER"/>
<interp inst="t18770108-name-142" type="given" value="OCTAVIUS"/>OCTAVIUS WHEELER</persName> </hi> (
<hi rend="italic">Policeman B</hi> 296). I was on duty on the night of Christmas Day, at 11 30, in the Commercial Road, Pimlico; that is very near half a mile from the Guardsman beer-house, and close to the barracks—Hobden, another constable, was with me—I saw the prisoner there, he was drunk and was stripped; his cap, belt, and tunic were lying in a doorway, his shirt sleeves were rolled up to the elbow; he was in a fighting attitude—there was a crowd there—he said he would fight me or any other b—man; I picked up his tunic and held it up for him to put it on, he put it on, but did not button it up; I told him to go to the barracks—the other constable picked up his belt and cap and handed them to him, and told him to put his things on and go to barracks—the prisoner threw them down again in the road; I saw corporal Jacobs, and called him to him and he took charge of him, and both us constables accompanied him to the barracks.</p>
<hi rend="italic">Cross-examined.</hi> He was not so drunk but he knew what he was doing—he was not very drunk, not but what he knew what he was doing—he could stand and walk very well.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-143" type="witnessName">
<interp inst="t18770108-name-143" type="gender" value="male"/>
<interp inst="t18770108-name-143" type="surname" value="JACOBS"/>
<interp inst="t18770108-name-143" type="given" value="CHARLES"/>CHARLES JACOBS</persName> </hi>. I am a corporal in the first battalion of Grenadier Guards—on Christmas night, about 11.40, I was in the Commercial Road—I saw the prisoner there with two constables—I saw his cap and belt lying in the centre of the street; the constables said if I did not take him to barracks or order him away they should have to take him into custody—I then ordered him to go to barracks—he said he would not till he liked—I took him to barracks with the assistance of the two constables; when we were going by the front of the barracks he wanted to get his hands loose—he kept putting his left hand up, asking the constables to put his cap on pro
<lb/>perly—they said "Never mind that, stop till you get inside"—between the gate and the guard-room door, he said "I suppose this is 10
<hi rend="italic">s</hi>. for me"—I took him in and gave him over in charge to Sergeant Shepherd—he was drunk—he said "Sergeant, are you going to do me drunk."</p>
<hi rend="smallCaps">
<persName id="t18770108-name-144" type="witnessName">
<interp inst="t18770108-name-144" type="gender" value="male"/>
<interp inst="t18770108-name-144" type="surname" value="EASON"/>
<interp inst="t18770108-name-144" type="given" value="WALTER"/>WALTER EASON</persName> </hi>. I am a lance-corporal in the third battalion of Grena
<lb/>dier Guards—I was on duty at Chelsea Barracks on the night of Christmas Day—I saw Johnson when he came in; he was very drunk—I was there when the prisoner came about 12 o'clock—about 11.45 I went to fetch the doctor—I afterwards saw Johnson lying in the lock up—the prisoner was in the cell-about 12.30 I went to the cell; we had to go to the cell to take his boots off, he was calling out for a great coat, he kept on saying "I want a great coat;" one was got for him, I did not see it given to him—I saw his boots taken off, they were smeared with blood—I fetched Dr. Fernandez.</p>
<xptr type="pageFacsimile" doc="187701080039"/>
<hi rend="smallCaps">
<persName id="t18770108-name-145" type="witnessName">
<interp inst="t18770108-name-145" type="gender" value="male"/>
<interp inst="t18770108-name-145" type="surname" value="THOMPSON"/>
<interp inst="t18770108-name-145" type="given" value="JOSEPH"/>JOSEPH THOMPSON</persName> </hi> (
<hi rend="italic">Police Sergeant B</hi> 16). I was sent for on this morning, shortly after 3 o'clock, to Chelsea Barracks—I saw the body of Johnson lying in the lock up—I has informed what had occurred; I went to the cell where the prisoner was—he was apparently asleep; I aroused him and told him from what I had been informed by the medical man, Dr. Fernandez, I should take him into custody for murdering a brother comrade named Noah Johnson by kicking him on the head—the prisoner in an unconcerned manner replied "I don't care"—some other words followed, but I could not distinctly say what they were—he appeared to be recovering from the effects of drink—on searching him at the police-station I found blood on the front of his shirt, and on the charge being read out there he again replied "I do not care"—I produce the boots, which I received from the sergeant of the guard.</p>
<hi rend="italic">Cross-examined.</hi> I noticed the knuckles of his hand; I could not Bay they were swollen, the skin was off them, and they were smothered in blood—he was apparently asleep when I went into the cell—I think the words I said to him were that he would be charged with causing the death of Noah Johnson.</p>
<hi rend="italic">Re-examined.</hi> I think it was the knuckles of the right hand that had the skin off, to the best of my recollection; they were bleeding—I did not see any other marks on him—I saw no marks on his face.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-146" type="witnessName">
<interp inst="t18770108-name-146" type="gender" value="male"/>
<interp inst="t18770108-name-146" type="surname" value="FERNANDEZ"/>
<interp inst="t18770108-name-146" type="given" value="ALBERT LOUIS"/>ALBERT LOUIS FERNANDEZ</persName> </hi>. I am surgeon to the third battalion of Gre
<lb/>nadier Guards—about 12.30 in the morning after Christmas Day I was called to the guard-room at Chelsea Barracks—I saw the body of Johnson lying in the lock up, he was quite dead—there was a great quantity of blood on the floor and his head and face were covered with blood—I saw that his head and face had been injured—I made a
<hi rend="italic">post-mortem</hi> examination on the 28th—I found the head and face much swollen and covered with contusions and lacerations, the right ear almost severed from the head, and the left ear touch lacerated—there were many contusions on the surface of the trunk and limbs—there were a great many injuries to the head and a great many both on the trunk and limbs—on removing the scalp I found a large quantity of blood effused between the scalp and the skull on the upper and posterior part of the right side, corresponding in position with a large external contusion—on examining the interior of the skull I found much congestion of the blood vessels of the convolutions of the brain and a considerable quantity of blood effused on the surface of the right hemisphere of the brain, correspond
<lb/>ing also in position to the external injury before alluded to—three of the ribs on the right side were broken; there were external bruises corresponding with that injury—the right lobe of the liver was lacerated opposite the fracture of the ribs—in my judgment, the death arose from those injuries; either those to the head or the liver would be sufficient to account for death—he was a thick-set, strong man—the organs were very healthy, indeed—the injuries were such as might have been inflicted by kicks from a man's boots—the injuries to the head were such as would produce insensibility—the one on the right side might have been inflicted by a kick from a boot and would produce insensibility—the injuries to the ears might have been inflicted by kicks by a boot—I think one kick would fracture the three ribs and lacerate the liver—I could not judge from the appearances how many blows must have been given, there must have been a great many separate blows, some of the contusions might have been inflicted with a man's fist——I don't think a blow from a fist would produce the lacerations I found—</p>
<xptr type="pageFacsimile" doc="187701080040"/>
<p>saw the prisoner that night—he had been put into the cell and was brought out again—it was between 12 o'clock and 12.30 when I arrived at the guardroom—he was drunk—he said nothing to me, or I to him.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-147" type="witnessName">
<interp inst="t18770108-name-147" type="gender" value="male"/>
<interp inst="t18770108-name-147" type="surname" value="KNIGHT"/>
<interp inst="t18770108-name-147" type="given" value="JOHN"/>JOHN KNIGHT</persName> </hi> (
<hi rend="italic">Police Inspector B</hi>). I spoke to the prisoner about his friends both before and after he was committed—he said when I saw him first that he had no friends—after he was committed 1 went to him again, seeing that he looked faint when he came out of the dock, and asked him if he would have any refreshment—he said he would, he would like a little drop of brandy—I then again spoke to him about his friends—he said, "I have no friends, friends cannot do me any good, I killed the man, I shall be hung for it;" about quarter of an hour afterwards he sent for me and I went to his cell—he then told me that his mother lived in New York, America, and that he should like for her to know that he was charged with murder, in case he should be hung—he gave me her address, 844, Eleventh Avenue, and I took steps to have that done.</p>
<rs id="t18770108-174-verdict-1" type="verdictDescription">
<interp inst="t18770108-174-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-174-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi> </rs>.—
<rs id="t18770108-174-punishment-20" type="punishmentDescription">
<interp inst="t18770108-174-punishment-20" type="punishmentCategory" value="death"/>
<interp inst="t18770108-174-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-174-18770108 t18770108-174-punishment-20"/>
<hi rend="largeCaps">DEATH</hi> </rs>.</p> </div1>
<div1 type="trialAccount" id="t18770108-175">
<interp inst="t18770108-175" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-175" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-175-charge-1" targOrder="Y" targets="def1-175-18770108 t18770108-175-offence-1 t18770108-175-verdict-1"/>
<persName id="def1-175-18770108" type="defendantName">
<interp inst="def1-175-18770108" type="gender" value="female"/>
<interp inst="def1-175-18770108" type="age" value="32"/>
<interp inst="def1-175-18770108" type="surname" value="HART"/>
<interp inst="def1-175-18770108" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">ELIZABETH HART</hi> (32)</persName>
<rs id="t18770108-175-offence-1" type="offenceDescription">
<interp inst="t18770108-175-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18770108-175-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously wounding
<persName id="t18770108-name-149" type="victimName">
<interp inst="t18770108-name-149" type="gender" value="male"/>
<interp inst="t18770108-name-149" type="surname" value="HART"/>
<interp inst="t18770108-name-149" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-175-offence-1 t18770108-name-149"/>Richard Hart</persName> with intent to do grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. FULTON</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. WARNER SLEIGH</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-150" type="witnessName">
<interp inst="t18770108-name-150" type="gender" value="male"/>
<interp inst="t18770108-name-150" type="surname" value="HART"/>
<interp inst="t18770108-name-150" type="given" value="RICHARD"/>RICHARD HART</persName> </hi>. I am a chimney sweep, and live at 9, Tooting Court, Marylebone, the prisoner is my wife—on the night of 11th September, a. little after 12 o'clock I went home with her—I had been at work in the morning part; I had been drinking about all day almost, whenever I had time from my work, along with friends—I was tolerably fresh, my wife was sober—when 1 got home I laid on the floor, as I generally do when I have a little drop, upstairs in my room—my wife came up with me, and as I was lying down she took off my boots and cut my jacket, that woke me; I was in a. drunken sleep—I don't believe there was anybody else in the room—there are only two others persons living in the house—my wife went down-stairs, I went down after her and followed her up the court and tried to persuade her to come back because there were no more houses open to get liquor and she stabbed me or did something to me, I put it down to being stabbed; she
<hi rend="italic">sticked</hi> me with a knife, I am sure—I did not see the knife—I was in front of her trying to get her home and she goes like that in a moment, (
<hi rend="italic">describing a stab</hi>)—I had not hold of her, I did not touch her—I only asked her to come back and she would not, and made a dig at me—and I said,
<hi rend="italic">"Lizzie</hi>, I am stabbed"—I saw her make a dig at me, and 1 felt it too, I was pouring with blood—I saw a man named Smith there that I knew, and I said to him, "
<hi rend="italic">Charlie</hi>, I am stabbed"—my wife went down the court again after she done it and went upstairs—I hallooed for police and the constable came up—Mr. Giles the doctor saw me that same night and I was taken to the hospital.</p>
<hi rend="italic">Cross-examined.</hi> I daresay it might be an hour after I got home that I was stabbed—I had been out drinking that night—I was in some men's company, not in any women's that 1 recollect—i war not quarrelling with some women in a public-house—I don't remember it—none of the men or women followed me to the corner of the court—I could not swear it—I am not given to quarrelling—we do have rows two or three times a week—I was standing near the entrance of the court when I received the injury, about six or seven houses from my house—I don't remember my wife saying she would not stay in the house with me because of the state I was in—I</p>
<xptr type="pageFacsimile" doc="187701080041"/>
<p>could not swear it—she went out without her boots, and would not come 1 back; she had taken my boots off previous to that—I don't know what state my coat was in when I went home—I can't say it was not cut in a public-house disturbance; I don't recollect—my wife has declared all along that she did not stab me—I did not hear what she said at the police-court—it is not true that I have a lot of bad companions—I have been at a police-court for assaulting my wife, not for anything else that I am aware of—I had six weeks and twenty-one days for assaulting her; one was last twelve months, Lord Mayor's Day—she said I kicked her, but I did not—I have never been tried for felony; I swear that; it is not true that I am out all night with thieves and bad company.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-151" type="witnessName">
<interp inst="t18770108-name-151" type="gender" value="male"/>
<interp inst="t18770108-name-151" type="surname" value="HAWES"/>
<interp inst="t18770108-name-151" type="given" value="GEORGE"/>GEORGE HAWES</persName> </hi>. I live at 3, East Street, Manchester Square, and am melter at a tallow chandler's—on the morning of 12th September, about 2 o'clock, I was at work at Messrs. Harris & Blackburn's, in Tooting Court—i I heard some persons talking in the court—I could not exactly catch what it was or who it was—I was at work on the ground floor, and the window looks out on the court—I heard a man sing out "I am stabbed, I am stabbed; police, police"—I went to the door, and saw the prisoner running down the court from a man on the opposite side of the way—I had never seen her before to my knowledge—as she passed my door she made a mo
<lb/>tion with her left hand to me, but the words I could not swear to; it sounded to me like "Go in, it is only a drunken man"—there was a lamp under the archway—I had an opportunity of seeing her face; my gaslight reflected through the door, and I was able to discern anyone's features going by—I can swear the prisoner is the woman—she had no boots on—I looked up the court, and saw the prosecutor about 2 or 3 yards from the top of the court; he had got his hand to his left side, and was staggering from one side of the court to the other—he was in the direction the prisoner had come from—I saw no one else in the court, only those two—I did not see anything in her hand—the police came in two or three minutes, and I then saw the man was bleeding from his side through his clothes.</p>
<hi rend="italic">Cross-examined.</hi> The court is about 90 or 100 yards long—the lamp was about 8 yards from my door—I did not hear the prisoner say that somebody had stabbed her husband.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-152" type="witnessName">
<interp inst="t18770108-name-152" type="gender" value="male"/>
<interp inst="t18770108-name-152" type="surname" value="GILES"/>
<interp inst="t18770108-name-152" type="given" value="GEORGE MICHAEL"/>GEORGE MICHAEL GILES</persName> </hi>. I am house-surgeon at St. Mary's Hospital—between 2 and 3 o'clock on the morning of 12th September the prosecutor was brought there by some policemen—he had a punctured wound on the left side of his back, which proceeded downwards and outwards—it was about 1 or 1 1/2 inches long and about 2 inches deep—it extended obliquely underneath the skin—it was a very dangerous wound; it had opened the chest and injured the cavity in which the lungs are contained—air was bubbling from the wound—it might have been caused by such knives as were shown to me at the police-court—he has continued at the hospital till now, an will return there this evening—he is out of danger now, but I fear he will suffer from the effects of it for the rest of his life.</p>
<hi rend="italic">Cross-examined.</hi> His statement that she was behind him was most pro
<lb/>bably true, not that she was in front of him—he made both statements.</p>
<hi rend="italic">Re-examined.</hi> He was so ill at one time that his deposition was taken at the hospital—he was in a dangerous state.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-153" type="witnessName">
<interp inst="t18770108-name-153" type="gender" value="male"/>
<interp inst="t18770108-name-153" type="surname" value="SHEPHERD"/>
<interp inst="t18770108-name-153" type="given" value="ROBERT"/>ROBERT SHEPHERD</persName> </hi>. I am a cowman, and live at 9, Tooting Court, in the next room to the prisoner—I heard a noise on the night of 12th September, between 1 and 2 o'clock, the prisoner came to my room door and begged</p>
<xptr type="pageFacsimile" doc="187701080042"/>
<p>me for mercy to let her in, that her husband was fighting with another man who had stabbed him—I did not lot her in, I fastened my door and kept her out—a few minutes afterwards the policeman came and took her to the station.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-154" type="witnessName">
<interp inst="t18770108-name-154" type="gender" value="male"/>
<interp inst="t18770108-name-154" type="surname" value="PRENTIS"/>
<interp inst="t18770108-name-154" type="given" value="FREDERICK"/>FREDERICK PRENTIS</persName> </hi> (
<hi rend="italic">Policeman D</hi> 44). About 1.50 this morning, I was called to Tooting Court, by cries of "Police;" I saw the prosecutor reeling from one side of the court to the other bleeding from his left side—after another constable came up I went and arrested the prisoner—she said "I did not do it," I found this white handled knife behind the street door of No. 9, it was stained with blood—the other two were found in the room.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-155" type="witnessName">
<interp inst="t18770108-name-155" type="gender" value="male"/>
<interp inst="t18770108-name-155" type="surname" value="HASTED"/>
<interp inst="t18770108-name-155" type="given" value="FRANCIS"/>FRANCIS HASTED</persName> </hi> (
<hi rend="italic">Police-Sergeant D</hi> 19). I was at the station when the prosecutor was brought in on a stretcher; the prisoner was also brought in—she said she was innocent, she did not do it—seeing that the man was badly stabbed I directed the constables to take him to the hospital.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-156" type="witnessName">
<interp inst="t18770108-name-156" type="gender" value="male"/>
<interp inst="t18770108-name-156" type="surname" value="HART"/>
<interp inst="t18770108-name-156" type="given" value="RICHARD"/>RICHARD HART</persName> </hi> (
<hi rend="italic">re-examined</hi>). We may have about a dozen knives—this is my knife—I have no mark on it, I had one like it.</p>
<hi rend="italic">The Prisoner's Statement before the Magistrate:</hi> "I am innocent of it; I did not do it, I was in bed and asleep at the time of the occurrence, it is a false charge brought against me—my husband is the companion of thieves and prostitutes, he is a convicted thief, I am sorry to say he is out all night with thieves and in bad company, and has several other convictions against him."</p>
<hi rend="smallCaps">
<rs id="t18770108-175-verdict-1" type="verdictDescription">
<interp inst="t18770108-175-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-175-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi> **—
<hi rend="italic">
<rs id="t18770108-175-punishment-21" type="punishmentDescription">
<interp inst="t18770108-175-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18770108-175-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-175-18770108 t18770108-175-punishment-21"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Thursday, January</hi> 11
<hi rend="italic">th</hi>, 1877.</p>
<hi rend="italic">Before Mr. Justice Lindley.</hi> </p>
<div1 type="trialAccount" id="t18770108-176">
<interp inst="t18770108-176" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-176" type="date" value="18770108"/>
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<persName id="def1-176-18770108" type="defendantName">
<interp inst="def1-176-18770108" type="gender" value="male"/>
<interp inst="def1-176-18770108" type="age" value="22"/>
<interp inst="def1-176-18770108" type="surname" value="CONWAY"/>
<interp inst="def1-176-18770108" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES CONWAY</hi> (22)</persName>
<rs id="t18770108-176-offence-1" type="offenceDescription">
<interp inst="t18770108-176-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18770108-176-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with others on
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<interp inst="t18770108-name-158" type="gender" value="male"/>
<interp inst="t18770108-name-158" type="surname" value="HIGGINS"/>
<interp inst="t18770108-name-158" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-176-offence-1 t18770108-name-158"/>Henry Higgins</persName>, and stealing from his person 2
<hi rend="italic">l</hi>. his property.</rs> </p>
<hi rend="smallCaps">MR. GOODMAN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-159" type="witnessName">
<interp inst="t18770108-name-159" type="gender" value="male"/>
<interp inst="t18770108-name-159" type="surname" value="HIGGINS"/>
<interp inst="t18770108-name-159" type="given" value="HENRY"/>HENRY HIGGINS</persName> </hi>. I am a lighterman of Shadwell—on Friday night, 22nd December, about 11.15, I was in Trinity Square, I had been drinking and had got about 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. in my pocket—I was surrounded by three or more men who held me down on the stones and pressed my throat on the pave
<lb/>ment which took the skin off my face—there is a mark of a thumb nail on ray face—when I got up both my trowsers pockets were turned inside out—they had lamed me in my knee and I reeled across the road, but could not go further—I called "Police," and Kelly came up directly and brought the prisoner to me, but I was not able to swear to him, but I believe he was one of the gang—I lost about 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—I had taken 2
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. for my week's wages—a sovereign and a shilling were brought back to me.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-160" type="witnessName">
<interp inst="t18770108-name-160" type="gender" value="male"/>
<interp inst="t18770108-name-160" type="surname" value="KELLY"/>
<interp inst="t18770108-name-160" type="given" value="DENNIS"/>DENNIS KELLY</persName> </hi> (
<hi rend="italic">Policeman H</hi> 139). I was in George Street and heard cries of "Police" in Trinity Square—I ran through the square and saw Higgins with his pockets turned inside out, and three men running from him, not more than 3 or 4 yards from him when I first saw them—I appre
<lb/>hended the prisoner without losing sight of him, and with the assistance of another constable took him back to Higgins, who was drunk—I saw Watts pick up a sovereign and a shilling—Higgins said "That is one of the men who ran away"—the prisoner said nothing to that, but on the way to the station he said to Higgins "
<hi rend="italic">Fred</hi>, I hope you will not do anything to me, will you?"—he was very violent and knocked me down two or three times, and the other constable as well—when we got him to the station he said that he did not do it—I found on him 8
<hi rend="italic">s</hi>. in loose silver.</p>
<xptr type="pageFacsimile" doc="187701080043"/>
<hi rend="italic">Cross-examined by the Prisoner.</hi> You were not making water, you were running away—Higgins did not say that you were not one of them; he said that you were—he was very drunk and wanted to get at you; he said that he would punch your jaw.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-161" type="witnessName">
<interp inst="t18770108-name-161" type="gender" value="male"/>
<interp inst="t18770108-name-161" type="surname" value="WATTS"/>
<interp inst="t18770108-name-161" type="given" value="EDWARD"/>EDWARD WATTS</persName> </hi>. I am a cooper—I was in Trinity Square and saw four men on top of Higgins—I called "Police" and three of them ran towards the Minories—I gave chase, heard something fall from one of them, and picked up a sovereign, and as I thought if I got stopped with it I should get locked up I went back and saw another man pick up something—I said "What have you got?" he said nothing; I caught hold of his hand, took out a shilling; we went to the prosecutor and gave them to him—he was not in a state to tell one man from another, because he was so excited—a constable brought the prisoner from Thames Street, but I cannot swear to him—I picked up Higgins' cap.</p>
<hi rend="italic">Cross-examined.</hi> You chucked the constable down three times, once at the corner of Rosemary Lane and once on Tower Hill—the City constable also had hold of you, but he did no good.</p>
<hi rend="italic">The Prisoner's 'Statement before the Magistrate.</hi> "I was going home and the money I had I earned."</p>
<hi rend="italic">Prisoner's Defence.</hi> I had been working very hard all day carrying oranges and earned 8
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>—I was making water when the policeman took me—he kept punching me and I dropped down with exhaustion—he asked him if I was the man and he said "No"—I am a hardworking
<hi rend="italic">chap.</hi> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-162" type="witnessName">
<interp inst="t18770108-name-162" type="gender" value="male"/>
<interp inst="t18770108-name-162" type="surname" value="KELLY"/>
<interp inst="t18770108-name-162" type="given" value="DENNIS"/>DENNIS KELLY</persName> </hi> (
<hi rend="italic">re-examined</hi>). I followed three men and the prisoner is one of the three; they ran into—Gould Square and I caught him in Gould Square—that is exactly the reverse way to Thames Street—I never lost sight of the prisoner or of the other three—I apprehended one of the three.</p>
<hi rend="smallCaps">
<rs id="t18770108-176-verdict-1" type="verdictDescription">
<interp inst="t18770108-176-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18770108-176-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">FOURTH COURT</hi>
<hi rend="italic">Thursday, January</hi> 11
<hi rend="italic">th</hi>, 1877.</p>
<hi rend="italic">Before Robert Malcom Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18770108-177">
<interp inst="t18770108-177" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-177" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-177-charge-1" targOrder="Y" targets="def1-177-18770108 t18770108-177-offence-1 t18770108-177-verdict-1"/>
<persName id="def1-177-18770108" type="defendantName">
<interp inst="def1-177-18770108" type="gender" value="male"/>
<interp inst="def1-177-18770108" type="age" value="22"/>
<interp inst="def1-177-18770108" type="surname" value="SMITH"/>
<interp inst="def1-177-18770108" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES SMITH</hi> (22)</persName>
<rs id="t18770108-177-offence-1" type="offenceDescription">
<interp inst="t18770108-177-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18770108-177-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully conspiring with
<persName id="t18770108-name-164">
<interp inst="t18770108-name-164" type="gender" value="male"/>
<interp inst="t18770108-name-164" type="surname" value="SMITH"/>
<interp inst="t18770108-name-164" type="given" value="HENRY"/>Henry Smith</persName> and others to defraud
<persName id="t18770108-name-165" type="victimName">
<interp inst="t18770108-name-165" type="gender" value="male"/>
<interp inst="t18770108-name-165" type="surname" value="CANDY"/>
<interp inst="t18770108-name-165" type="given" value="WILLIAM MARSHALL"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-177-offence-1 t18770108-name-165"/>William Marshall Candy</persName> and another, of goods value 248
<hi rend="italic">l</hi>.</rs> </p>
<hi rend="smallCaps">MESSRS. BESLEY</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">J. P. GRAIN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-166" type="witnessName">
<interp inst="t18770108-name-166" type="gender" value="male"/>
<interp inst="t18770108-name-166" type="surname" value="BIDDIS"/>
<interp inst="t18770108-name-166" type="given" value="HENRY"/>HENRY BIDDIS</persName> </hi>. I am a porter on the Hop Exchange—I was engaged there in March last—I knew the prisoner by the name of Bentley; a firm of Bentley had offices there—I have spoken with a person who told me in prisoner's presence that the prisoner was his son—they left their offices in March last—the name was on the door of Nos. 12 and 13—letters came addressed to Bentley.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> You did not take the offices of me.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-167" type="witnessName">
<interp inst="t18770108-name-167" type="gender" value="male"/>
<interp inst="t18770108-name-167" type="surname" value="ROBINS"/>
<interp inst="t18770108-name-167" type="given" value="EDMUND"/>EDMUND ROBINS</persName> </hi>. I am manager to Messrs Kippling & Co., of 34, London Wall, umbrella silk manufacturers—I supplied on 2nd or 3rd August the goods represented in this invoice to Messrs. C. Smith &Co., of St. Paul's Buildings—we have four of the pieces back from the pawnbrokers—the goods were signed for on delivery—the terms were for cash on 20th August—we applied for the money, but could not find any
<lb/>body in the place.</p>
<hi rend="italic">Cross-examined.</hi> You applied first for patterns—I have not the order—I cannot swear to your writing—they were sent to Smith & Co.—this is the letter. (
<hi rend="italic">Read:</hi> "I regret I was not in when you called on me with</p>
<xptr type="pageFacsimile" doc="187701080044"/>
<p>regard to credit. My pay day being the 20th of the present month, on that date a cheque will be handed to your collector. I am the London agent for Messrs. E. & J. Jackson, of Manchester, which is a guarantee of ray integrity. Please send silk as on order, C. Smith &Co. Mem. 4,143 green twill silk, one piece at 3
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.,) I did not supply the goods as I left town—we telegraphed to our agents in Manchester, who replied that C. Smith &Co. were agents to E. & J. Jackson—you sent other references Samuel Ferry. I am porter to Messrs. Kippling &Co.—on 2nd August I took three pieces of silk to Messrs. Smith &Co., and saw the prisoner—on 9th August I went again—I got these receipts.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-168" type="witnessName">
<interp inst="t18770108-name-168" type="gender" value="male"/>
<interp inst="t18770108-name-168" type="surname" value="COTTON"/>
<interp inst="t18770108-name-168" type="given" value="ALFRED"/>ALFRED COTTON</persName> </hi>. I am assistant to Mr. Russell, a pawnbroker, of 37, Fore Street—I received a piece of silk, value 10
<hi rend="italic">l</hi>., which was given up to Messrs. Kippling &Co.—the prisoner did not bring it.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-169" type="witnessName">
<interp inst="t18770108-name-169" type="gender" value="female"/>
<interp inst="t18770108-name-169" type="surname" value="GANNON"/>
<interp inst="t18770108-name-169" type="given" value="MARY FRANCES"/>MARY FRANCES GANNON</persName> </hi>. I am a widow and live at 12, Pembroke Square, Kensington—on 12th or 15th August I advertised to let my house and saw the prisoner with his father—the elder person said in the prisoner's presence that he had lost money and desired to let his house at Dulwich for 5
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., and take mine for 2
<hi rend="italic">l</hi>., thus saving himself 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. a week—I gave him possession on 21st August—I left the house leaving some boxes in a back room, and everything was taken out of them—they were not related to me—they never made me a present.</p>
<hi rend="italic">Cross-examined.</hi> The arrangement was made with your father—he wrote afterwards agreeing to take the house.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-170" type="witnessName">
<interp inst="t18770108-name-170" type="gender" value="male"/>
<interp inst="t18770108-name-170" type="surname" value="PRESTON"/>
<interp inst="t18770108-name-170" type="given" value="JOHN"/>JOHN PRESTON</persName> </hi>. I am assistant to Mr. Harrison, a pawnbroker, of Aldersgate Street—I have given up three pieces of silk which were pawned by the prisoner—we received half the money—this is the memorandum produced "15
<hi rend="italic">l</hi>. advanced on four pieces of silk for one year; 85, Newgate Street the other is for 7
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-171" type="witnessName">
<interp inst="t18770108-name-171" type="gender" value="male"/>
<interp inst="t18770108-name-171" type="surname" value="KEYWORTH"/>
<interp inst="t18770108-name-171" type="given" value="JOSEPH"/>JOSEPH KEYWORTH</persName> </hi>. I am clerk to Mr. Beall, house agent, Regent Street—in September last we had the letting of Windsor House, Slough, on our books—an application was made to us in the name of Smith for it—the prisoner afterwards called to learn the terms of letting, and proposed to take it in his brother's name, Henry Smith, for seven years, at 40
<hi rend="italic">l</hi>. or 40 guineas a year, and to pay 10
<hi rend="italic">l</hi>. for the fixtures—he referred us to Mrs. Gannon, of 12, Pembroke Square—I applied there and received in reply the letter marked "H" produced—the prisoner afterwards called and I told him I had received it—he called four or five times, and on one occasion took the agreement away with him—he brought it back signed "Henry Smith," and said that he would pay the 10
<hi rend="italic">l</hi>. for the fixtures and take the agreement back when signed on behalf of the landlord—he paid for the fixtures and one guinea for the agreement.</p>
<hi rend="italic">Cross-examined.</hi> We advertised this shop at Windsor—my impression is that I only saw you—we never received any rent.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-172" type="witnessName">
<interp inst="t18770108-name-172" type="gender" value="male"/>
<interp inst="t18770108-name-172" type="surname" value="EVANS"/>
<interp inst="t18770108-name-172" type="given" value="JOHN"/>JOHN EVANS</persName> </hi>. I am a plumber, of William Street, Slough—I was employed in September to look after Windsor House, Slough—I shewed it to a person on the 18th, about a week before I gave up possession—the prisoner once came to me and said that his brother had decided to take the house, I told him I could not give him the keys until I had heard from Mr. Beall—he left some heavy parcels there—I wrote to Mr. Beall—a man said to be the prisoner's brother, on the 19th, brought a note from Mr. Beall for me to give up the keys—I afterwards paid 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and this is the receipt of the Great Western Railway, which I afterwards received from the prisoner—I</p>
<xptr type="pageFacsimile" doc="187701080045"/>
<p>saw other goods arrive—one time the elder Smith remarked "Dear me, they have sent goods here instead of sending them on to our London house. Be sure they go to town to-night;" upon that the young man took the parcel with him, and the elder ordered him to go on in front and get the tickets; he took me into the hotel and we had a little refreshment—I was engaged at the house on and off doing plumber's work about a fortnight—I understood the prisoner signing his name as Morgan—the name was the London Drapery Bazaar Company, Windsor House, on the side, and the London Bazaar Company in the centre—I heard of the name of Morgan after the prisoner was in custody.</p>
<hi rend="italic">Cross-examined.</hi> There were in the house four bed-rooms, two rooms on the ground floor, a shop parlour, kitchen, and scullery—there was a garden—your father said that the goods were too good for Slough—I saw you pack up the silk in brown paper and take it away.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-173" type="witnessName">
<interp inst="t18770108-name-173" type="gender" value="male"/>
<interp inst="t18770108-name-173" type="surname" value="EMERSON"/>
<interp inst="t18770108-name-173" type="given" value="EDWARD"/>EDWARD EMERSON</persName> </hi>. I am manager of the sale department of Messrs. James C. Boyd &Co.—on 4th September, 1876, I received the letter marked "M"—the usual form of inquiry for reference was then sent to Mrs. Gannon—in reply I received the letter dated 5th September—I after saw the prisoner in the stuff department—he selected goods to the amount of 300
<hi rend="italic">l</hi>.—I asked if he was Mr. Smith, and he said "No, I am his brother"—I said "We shall want to see your brother and to know something of his antecedents before we can give him credit"—he said that he had been living at Mr. Soper's, at Brighton, who was a large customer of theirs, and that his brother had gone or was going to Manchester—the prisoner called again and brought the letter produced the next day after he had selected the goods—I also received a letter which contained a life policy, with particulars on the back: "Medical Life Association, London, policy 725, sum assured 1,144
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>., on the life of Margaret Langham and Jane Gannon"—there was also a letter he had received from Mr. Watts, signed by Mr. Foster—I wrote a reply and the prisoner took it away—I afterwards made enquiries and in consequence did not deliver the goods.</p>
<hi rend="italic">Cross-examined.</hi> I received the letter signed "Jane Gannon" at the end of October by post—we do not keep the envelopes—I did not come to any arrangement with you.</p>
<hi rend="smallCaps">M. F. GANNON</hi> (
<hi rend="italic">re-examined</hi>). Those policies are mine—I gave no authority to the Smiths to deal with them—they broke open a box and got them.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-174" type="witnessName">
<interp inst="t18770108-name-174" type="gender" value="male"/>
<interp inst="t18770108-name-174" type="surname" value="GODDARD"/>
<interp inst="t18770108-name-174" type="given" value="WILLIAM"/>WILLIAM GODDARD</persName> </hi>. I am a draper, of 118, St. Donald's Road, New Cross—in September last I was looking out for a business—I advertised, and two days afterwards received a letter initialled "H. S."—on 23rd September I went to 12, Pembroke Square; I saw a female who said Mr. Smith was not in—I went a second time and saw the prisoner—I went into the parlour—I asked his name; he told me—I then put the "mith" to complete the word—he told me he had got a business at Slough to sell, and then he wrote this; "Henry Smith, Windsor House, Slough, rent 42
<hi rend="italic">l</hi>. per annum, taxes 5
<hi rend="italic">l</hi>., double frontage shop, plate glass front, stock l,500
<hi rend="italic">l</hi>. at a. valuation, good cellars, six bed-rooms, and a washhouse;" to which I added: "5 miles below Windsor"—I advertised again and went to 3, Clifton Villas, Hamvell, on 14th October, in consequence of a reply—I saw a female first, and on calling a second time saw the prisoner—I told him I had come about the business—he said that he had sold it last night—I said that I was sorry, as I had got my son there and was prepared to go into the</p>
<xptr type="pageFacsimile" doc="187701080046"/>
<p>matter—I then asked if he was the gentleman I saw at Kensington; he said "Yes"—we had advertised in different initials—the house at Hanwell was a private house, no business was carried on, but there was one parcel in the passage.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-175" type="witnessName">
<interp inst="t18770108-name-175" type="gender" value="male"/>
<interp inst="t18770108-name-175" type="surname" value="CHABOT"/>
<interp inst="t18770108-name-175" type="given" value="CHARLES"/>CHARLES CHABOT</persName> </hi>. I have made handwriting a study—the document, lettered "O," of 5th September, is in the same writing as the document I hold in my hand; I have not had the one containing the words "James Davis," but on looking at it, I believe it is—"James Adams," I should think, is the same handwriting, but my opinion is not so strong on that.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-176" type="witnessName">
<interp inst="t18770108-name-176" type="gender" value="male"/>
<interp inst="t18770108-name-176" type="surname" value="WAGNER"/>
<interp inst="t18770108-name-176" type="given" value="THEODORE"/>THEODORE WAGNER</persName> </hi>. I am employed by Messrs. Candy &Co., of 4 and 5, Watling Street—on 11th September, the prisoner brought this letter (
<hi rend="italic">This letter was signed "Henry Smith" and addressed to Messrs. Candy &Co., and stating that nothing should be left undone to make their relations satisfac
<lb/>tory.</hi>) The prisoner waited to see my partner, Mr. Candy, but I asked if he was Henry Smith's assistant; he said "Yes"—I introduced him to our salesman.</p>
<hi rend="italic">Cross-examined.</hi> Nothing passed as to terms—it was not my department.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-177" type="witnessName">
<interp inst="t18770108-name-177" type="gender" value="male"/>
<interp inst="t18770108-name-177" type="surname" value="WHITE"/>
<interp inst="t18770108-name-177" type="given" value="JOHN"/>JOHN WHITE</persName> </hi>. I am a buyer for Messrs. Candy &
<hi rend="italic">Co.</hi>—on 12th Septem
<lb/>ber, the prisoner came to my department and selected goods to the amount of 29
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—they were sent to the entering room—I afterwards saw some of them at the detective's office, and again at Slough; the particulars are set out in the invoice, marked "T."</p>
<hi rend="smallCaps">
<persName id="t18770108-name-178" type="witnessName">
<interp inst="t18770108-name-178" type="gender" value="male"/>
<interp inst="t18770108-name-178" type="surname" value="CHARTERIS"/>
<interp inst="t18770108-name-178" type="given" value="JAMES"/>JAMES CHARTERIS</persName> </hi>. I am employed by Messrs. Candy & Co.—on 12th September, the prisoner came into my department and was introduced as buyer for Messrs. Smith & Co., of Slough—he selected silk and ribbon to the value of 88
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>.—they were sent to the entering department—on—23rd October, I went to the detective's office, in Old Jewry, and recognized our goods by the tickets, which were still on them.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-179" type="witnessName">
<interp inst="t18770108-name-179" type="gender" value="male"/>
<interp inst="t18770108-name-179" type="surname" value="HITCHIN"/>
<interp inst="t18770108-name-179" type="given" value="RICHARD"/>RICHARD HITCHIN</persName> </hi>. I am employed by Messrs. Candy & Co.—on 12th September, the prisoner came to my department and selected goods to the amount of 65
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—I handed the prisoner over to Mr. Hayes.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-180" type="witnessName">
<interp inst="t18770108-name-180" type="gender" value="male"/>
<interp inst="t18770108-name-180" type="surname" value="HOGARD"/>
<interp inst="t18770108-name-180" type="given" value="CHARLES FREDERICK"/>CHARLES FREDERICK HOGARD</persName> </hi>. I am manager for Messrs. Candy &Co.; goods to the vaiue of 357
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. were sent by my direction to Messrs, Smith &Co., of Slough—102
<hi rend="italic">l</hi>. worth have been returned—I received the letter of 1st September, on the 7th, with an address enclosed in it, and after writing, I received the letter of 8th September—I went away on the 9th, and saw no more of the prisoner.</p>
<hi rend="smallCaps">M. F. GANNON</hi> (
<hi rend="italic">re-examined.</hi>) That (
<hi rend="italic">produced</hi>) is my card; I gave no authority to any one to send it to Messrs. Candy &Co.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-181" type="witnessName">
<interp inst="t18770108-name-181" type="gender" value="male"/>
<interp inst="t18770108-name-181" type="surname" value="HALFORD"/>
<interp inst="t18770108-name-181" type="given" value="AUGUSTUS"/>AUGUSTUS HALFORD</persName> </hi>. I am manager for Mr. Montague Halford, iron
<lb/>monger, of Cannon Street—I received the letter, dated 19th September, by post—I communicated with Mrs. Gannon, and received the letter of 20th September, 1876, in reply—on the 25th, the prisoner called at the ware-house, and produced an invoice from Watts & Co., of Manchester, and a letter which asked for an account to be opened with Mr. Henry Smith—the prisoner said he was Mr. Henry Smith's assistant—he bought some goods, and told me to send them to Windsor House, Slough—we have never been paid.</p>
<hi rend="italic">Cross-examined.</hi> You said that you had not been long enough in business to give references, but would produce invoices instead—I did not open the letter you brought and read it to you.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-182" type="witnessName">
<interp inst="t18770108-name-182" type="gender" value="male"/>
<interp inst="t18770108-name-182" type="surname" value="GOWARD"/>
<interp inst="t18770108-name-182" type="given" value="FREDERICK"/>FREDERICK GOWARD</persName> </hi>. I am employed by Messrs. Hyam &Co.—on 25th</p>
<xptr type="pageFacsimile" doc="187701080047"/>
<p>September, the prisoner called at our warehouse and selected goods—Halford sent him to my department; I have seen those goods at Slough—I also saw those twenty-four tickets—some of them are marks for the goods.'</p>
<hi rend="smallCaps">
<persName id="t18770108-name-183" type="witnessName">
<interp inst="t18770108-name-183" type="gender" value="male"/>
<interp inst="t18770108-name-183" type="surname" value="HUNT"/>
<interp inst="t18770108-name-183" type="given" value="ALFRED"/>ALFRED HUNT</persName> </hi>. I am a collector to the Great Western Railway—on 14th September, a parcel was delivered to Smiths'; the prisoner signed the book "C. W. S."—I also delivered goods on the 14th, 15th, 19th, and 26th, and 28th September, and 4th October, also on 19th October; the prisoner signed "C. Morgan" for them.</p>
<hi rend="italic">Cross-examined.</hi> I also saw a man about forty years of age at Slough, rather pitted with the small-pox—the signature might be "C. M.," or "C.W."</p>
<hi rend="smallCaps">
<persName id="t18770108-name-184" type="witnessName">
<interp inst="t18770108-name-184" type="gender" value="male"/>
<interp inst="t18770108-name-184" type="surname" value="HOLT"/>
<interp inst="t18770108-name-184" type="given" value="WILLIAM THOMAS"/>WILLIAM THOMAS HOLT</persName> </hi> (
<hi rend="italic">City Detective Officer</hi>). Acting under the directions of Sergeant Smith, I went to 3, Clifton Villas, Hanwell, on 20th October, and found the prisoner and an elderly female, who I understood to be his mother—knowing her, I said "Who is that man?"—she said "That is my husband's nephew, and his name is Morgan," loud enough for the prisoner to hear—I did not then observe any goods—I returned next evening with Detective Smith—I could not find my way to the station, and the prisoner offered his services—on the way, he said "Will you have a glass of ale?"—we went into a public-house; I had previously asked for Mr. Smith, the husband—at the public-house, I said I was not aware Mr. Smith had a son so old—he said "You've made a mistake; my aunt said nephew, and my name is Morgan; I work for Messrs. Smith, in Newgate Street; I lodge at times with my aunt"—he mentioned no number—he saw me into the train—I had no orders to take him into custody.</p>
<hi rend="italic">Cross-examined.</hi> I called again, because you said if your father came home you would let me know—I arrested you on the next Saturday.</p>
<hi rend="italic">Re-examined.</hi> I arrested him as he was leaving the house—he knew I was a detective; I had had his father in custody previously—I said my business was to enquire about a case in Paternoster Row.</p>
<hi rend="italic">By the Prisoner.</hi> The 20th of October, to the best of my belief, was not the first time I saw you.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-185" type="witnessName">
<interp inst="t18770108-name-185" type="gender" value="male"/>
<interp inst="t18770108-name-185" type="surname" value="SMITH"/>
<interp inst="t18770108-name-185" type="given" value="WILLIAM"/>WILLIAM SMITH</persName> </hi> (
<hi rend="italic">City Police Sergeant</hi>). I went to Windsor House, Slough, on 19th October—the place was closed, and a man named Watts was in possession—I entered, and seized the property; the weight was over two tons—I afterwards saw gentlemen in Messrs. Candy's employment who identified a quantity of the goods; I also saw Messrs. Hyam's people—I found the tickets in a room adjoining the shop; and these invoices, a bill
<lb/>head, and a memorandum with the printed address of Smith &Co., like the one produced—on the 21st, I went to Hanwell, where the prisoner was brought to me by Holt, who said "Here is Mr. Morgan"—I said "your name is not Morgan, it is Smith"—he made no reply—I said "You have absconded, I have a warrant for your arrest, and I charge you with obtain
<lb/>ing goods from the City of London and Manchester"—I took him to the station, and went back to 3, Clifton Villas, where I found three large boxes packed and labelled "Hanwell to Paddington," and a quantity of wearing apparel—there was no name upon them—I have not seen Charles Smith since—Smith &Co. never carried on business in Newgate Street.</p>
<hi rend="italic">Cross-examined.</hi> I did not see you at Slough on the 19 th—I saw very little furniture in the house, only two chairs—there was no sleeping accom
<lb/>modation—I have not the labels; they were printed—Mr. Wyatt said that you were coming back, but you did not do so—I said that you had absconded.</p>
<xptr type="pageFacsimile" doc="187701080048"/>
<hi rend="smallCaps">
<persName id="t18770108-name-186" type="witnessName">
<interp inst="t18770108-name-186" type="gender" value="indeterminate"/>
<interp inst="t18770108-name-186" type="surname" value="WYATT"/>
<interp inst="t18770108-name-186" type="given" value="ECCLES JAMES"/>ECCLES JAMES WYATT</persName> </hi>. I am clerk to Messrs. Lovering & Co., accountant—on 19th October, having received instructions, I went to Windsor House, Slough—Sergeant Smith came afterwards—I saw the prisoner—I asked for Mr. Smith—he (prisoner) said that he was not in Slough—he hesitated, but then said Mr. Smith was at Manchester, and he had not heard from him since Tuesday, but he was an assistant and had lived at Soper's, North Street, Brighton—he said he had not been there long; that he had lived also at Halliday's, of Birmingham—I saw Sergeant Smith at the station as I was leaving, about 4 o'clock—I left the prisoner in possession—he told me that he was going out to tea; I had no authority to stop him, and I went to tea also—I did not see him again till I saw him at the Mansion House.</p>
<hi rend="italic">Cross-examined.</hi> You said that your name was Moore—I told the man in possession to lock the door—the man Watts left me there while he went out and when I went I left him there with you—you told me you slept on the other side of the road.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-187" type="witnessName">
<interp inst="t18770108-name-187" type="gender" value="male"/>
<interp inst="t18770108-name-187" type="surname" value="SAUNDERS"/>
<interp inst="t18770108-name-187" type="given" value="JOHN SAMUEL"/>JOHN SAMUEL SAUNDERS</persName> </hi>. I am a carrier, of Slough—I remember the Bazaar Company opening a shop—I was employed to take goods in parcels to the station two or three weeks afterwards, from half to three-quarters of a hundredweight in weight—I saw the prisoner every time—the parcels were put in the train with the prisoner.</p>
<hi rend="italic">Cross-examined.</hi> I did not see anyone else at the station accompanying you.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-188" type="witnessName">
<interp inst="t18770108-name-188" type="gender" value="male"/>
<interp inst="t18770108-name-188" type="surname" value="JOHNSON"/>
<interp inst="t18770108-name-188" type="given" value="ALEXANDER"/>ALEXANDER JOHNSON</persName> </hi>. I am an assistant to Mr. Wells, a jeweller, of Ken
<lb/>sington—on 12th and on 26th September I saw the prisoner, who spoke of his brother as Mr. Gannon.</p>
<hi rend="italic">The prisoner produced a written defence, stating that he was an innocent tool in the hands of his father.</hi> </p>
<hi rend="smallCaps">
<rs id="t18770108-177-verdict-1" type="verdictDescription">
<interp inst="t18770108-177-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18770108-177-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18770108-177-punishment-22" type="punishmentDescription">
<interp inst="t18770108-177-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18770108-177-punishment-22" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-177-18770108 t18770108-177-punishment-22"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>
<hi rend="italic">Friday, January</hi> 12
<hi rend="italic">th</hi>, 1877.</p>
<hi rend="italic">Before Mr. Baron Hawkins.</hi> </p>
<div1 type="trialAccount" id="t18770108-178">
<interp inst="t18770108-178" type="uri" value="sessionsPapers/18770108"/>
<interp inst="t18770108-178" type="date" value="18770108"/>
<join result="criminalCharge" id="t18770108-178-charge-1" targOrder="Y" targets="def1-178-18770108 t18770108-178-offence-1 t18770108-178-verdict-1"/>
<persName id="def1-178-18770108" type="defendantName">
<interp inst="def1-178-18770108" type="gender" value="male"/>
<interp inst="def1-178-18770108" type="age" value="39"/>
<interp inst="def1-178-18770108" type="surname" value="PIKE"/>
<interp inst="def1-178-18770108" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH PIKE</hi> (39)</persName>
<rs id="t18770108-178-offence-1" type="offenceDescription">
<interp inst="t18770108-178-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18770108-178-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously wounding
<persName id="t18770108-name-190" type="victimName">
<interp inst="t18770108-name-190" type="gender" value="female"/>
<interp inst="t18770108-name-190" type="surname" value="PIKE"/>
<interp inst="t18770108-name-190" type="given" value="ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18770108-178-offence-1 t18770108-name-190"/>Ann Pike</persName> with intent to murder.
<hi rend="italic">Second Count</hi>—with intent to do grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. DIXON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18770108-name-191" type="witnessName">
<interp inst="t18770108-name-191" type="gender" value="female"/>
<interp inst="t18770108-name-191" type="surname" value="PIKE"/>
<interp inst="t18770108-name-191" type="given" value="ANN"/>ANN PIKE</persName> </hi>. The prisoner is my husband—we kept the Kent coffee-house in Farnham Street, Limehouse—on the morning of 26th December, between 1.30 and 2 o'clock, I was asleep in bed, and my servant was sleeping by my side—my husband was in the parlour—he came into the room and gave me a blow in the eye, and said he would cut my b——bleeding throat—he then went downstairs and got a knife, and concealed it down his trousers—he then came up again to my room—I was still in bed—he put his left hand on my neck and drew the knife from his trowsers with his right hand, and I just felt the edge of the knife on my throat, and there is the scar—he just touched my throat with the knife, and he said "I am going to cut your b——bleeding throat"—that was the second time he made use of that ex
<lb/>pression—I pushed it off with my hand—he did not out my throat at all—there was a wound on my hand; there it is (
<hi rend="italic">sharing it</hi>)—that was done with the knife—he then went and sat in the parlour—I ran to the window and screamed "Murder," and ran downstairs, and went to the tap to pour cold water on the wound—I then ran to the street door and left it a little bit open, and stood by the door, and the prisoner came and pushed me right</p>
<xptr type="pageFacsimile" doc="187701080049"/>
<p>out and shut the door and bolted it and put the chain on—he has threatened me hundreds of times before, for the last eight years; he was drunk for six years right off, never sober—he was very drunk on this night—he often said he meant to do for me, and if I stopped with him much longer he would.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. I had been in bed about half an hour—nothing had taken place between us before I went to bed—he had been out with me for a short distance—he was drunk when we went out—although the servant was sleeping with me we had lived together, but that was his style; he often sent the girl to bed with me; she had slept with me a fortnight be
<lb/>fore; that was for convenience—he has illtreated me many times and pulled my hair out—I gave the knife to the constable.</p>
<hi rend="italic">Prisoner.</hi> I have been a good husband to her for the last seventeen years. She tells a good many stories about me.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-192" type="witnessName">
<interp inst="t18770108-name-192" type="gender" value="indeterminate"/>
<interp inst="t18770108-name-192" type="surname" value="PIKE"/>
<interp inst="t18770108-name-192" type="given" value="ALMA"/>ALMA PIKE</persName> </hi>. I am the son of the prisoner and prosecutrix—on the night of 26th December I was in bed in the back room, next to that in which my mother slept—we all went to bed but my father, he kept up in the parlour I saw him going into my mother's bedroom, and I saw a knife down his trowsers, and I pulled it out and hid it—that was when he was going in a second time—I saw my mother bleeding—I heard a cry of murder—I heard my father say he meant to cut her head off—he was drunk—my mother had had a little, but she was not drunk—this (
<hi rend="italic">produced</hi>) is the knife I took from him.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-193" type="witnessName">
<interp inst="t18770108-name-193" type="gender" value="female"/>
<interp inst="t18770108-name-193" type="surname" value="WILLIAMS"/>
<interp inst="t18770108-name-193" type="given" value="CLARA"/>CLARA WILLIAMS</persName> </hi>. I lived with the prisoner and prosecutrix as servant—on the night of 26th December I was in bed with the prosecutrix—I was suddenly awoke by a scream, and I saw my master strike my mistress in the eye with his hand, and I heard him say "I will cut her b——bleeding throat"—when he struck her again I pushed him back—I rushed out into the parlour—I afterwards saw her bleeding from the wrist—it appeared rather a deep wound—I have heard him threaten her before—this knife was in the kitchen—I did not see him when he brought the knife up; I had got out of bed and was in the front parlour because I was afraid—he was drunk—she was sober.</p>
<hi rend="smallCaps">
<persName id="t18770108-name-194" type="witnessName">
<interp inst="t18770108-name-194" type="gender" value="male"/>
<interp inst="t18770108-name-194" type="surname" value="GILL"/>
<interp inst="t18770108-name-194" type="given" value="DAVID"/>DAVID GILL</persName> </hi> (
<hi rend="italic">Policeman K</hi>