<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>Sessions Paper.</p>
<p>Short-hand Writers to the Court,</p>
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<p>On the Queen's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, December 15th, 1879, and following days,</p>
<hi rend="smallCaps">BEFORE THE RIGHT HON. SIR</hi>
<hi rend="largeCaps">FRANCIS WYATT TRUSCOTT</hi>, Knt.,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; The Hon. Sir
<hi rend="smallCaps">
<persName id="t18791215-name-1" type="judiciaryName">
<interp inst="t18791215-name-1" type="gender" value="male"/>
<interp inst="t18791215-name-1" type="surname" value="POLLOCK"/>
<interp inst="t18791215-name-1" type="given" value="CHARLES EDWARD"/>CHARLES EDWARD POLLOCK</persName> </hi>, Knt., one of the Barons of the Exchequer Division of the High Court of Justice; The Hon. Sir
<hi rend="smallCaps">
<persName id="t18791215-name-2" type="judiciaryName">
<interp inst="t18791215-name-2" type="gender" value="male"/>
<interp inst="t18791215-name-2" type="surname" value="LINDLEY"/>
<interp inst="t18791215-name-2" type="given" value="NATHANIEL"/>NATHANIEL LINDLEY</persName> </hi>, Knt., one of the Justices of the Queen's Bench Division of the High Court of Justice; Sir
<hi rend="smallCaps">
<persName id="t18791215-name-3" type="judiciaryName">
<interp inst="t18791215-name-3" type="gender" value="male"/>
<interp inst="t18791215-name-3" type="surname" value="CARDEN"/>
<interp inst="t18791215-name-3" type="given" value="ROBERT WALTER"/>ROBERT WALTER CARDEN</persName> </hi>, Knt.,
<persName id="t18791215-name-4" type="judiciaryName">
<interp inst="t18791215-name-4" type="gender" value="male"/>
<interp inst="t18791215-name-4" type="surname" value="DAKIN"/>
<interp inst="t18791215-name-4" type="given" value="THOMAS"/>Sir Thomas Dakin</persName>, Knt.,
<hi rend="smallCaps">THOMAS SCAMBLER OWDEN</hi>, Esq., and Sir
<hi rend="smallCaps">CHARLES WHETHAM</hi>, Knt., Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18791215-name-5" type="judiciaryName">
<interp inst="t18791215-name-5" type="gender" value="male"/>
<interp inst="t18791215-name-5" type="surname" value="CHAMBERS"/>
<interp inst="t18791215-name-5" type="given" value="THOMAS"/>THOMAS CHAMBERS</persName> </hi>, Knt., Q.C., M.P., Recorder of the said City;
<hi rend="smallCaps">JOHN WHITTAKER ELLIS</hi>, Esq.,
<hi rend="smallCaps">
<persName id="t18791215-name-6" type="judiciaryName">
<interp inst="t18791215-name-6" type="gender" value="male"/>
<interp inst="t18791215-name-6" type="surname" value="STAPLES"/>
<interp inst="t18791215-name-6" type="given" value="JOHN"/>JOHN STAPLES</persName> </hi>, Esq., and
<hi rend="smallCaps">
<persName id="t18791215-name-7" type="judiciaryName">
<interp inst="t18791215-name-7" type="gender" value="male"/>
<interp inst="t18791215-name-7" type="surname" value="FOWLER"/>
<interp inst="t18791215-name-7" type="given" value="ROBERT NATHANIEL"/>ROBERT NATHANIEL FOWLER</persName> </hi>, Esq., other of the Aldermen of the said City;
<hi rend="smallCaps">
<persName id="t18791215-name-8" type="judiciaryName">
<interp inst="t18791215-name-8" type="gender" value="male"/>
<interp inst="t18791215-name-8" type="surname" value="CHARLEY"/>
<interp inst="t18791215-name-8" type="given" value="WILLIAM THOMAS"/>WILLIAM THOMAS CHARLEY</persName> </hi>, Esq., D.C.L., M.P., Common Serjeant of the said City; and
<hi rend="smallCaps">
<persName id="t18791215-name-9" type="judiciaryName">
<interp inst="t18791215-name-9" type="gender" value="male"/>
<interp inst="t18791215-name-9" type="surname" value="KERR"/>
<interp inst="t18791215-name-9" type="given" value="ROBERT MALCOLM"/>ROBERT MALCOLM KERR</persName> </hi>, Esq., LL.D., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-10" type="judiciaryName">
<interp inst="t18791215-name-10" type="gender" value="male"/>
<interp inst="t18791215-name-10" type="surname" value="WOOLLOTON"/>
<interp inst="t18791215-name-10" type="given" value="CHARLES"/>CHARLES WOOLLOTON</persName> </hi>, Esq.,</p>
<hi rend="smallCaps">HENRY KELLY BAYLEY</hi>, Esq.,</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">HENRY HOMEWOOD CRAWFORD</hi>, Esq.,</p>
<hi rend="smallCaps">
<persName id="t18791215-name-11" type="judiciaryName">
<interp inst="t18791215-name-11" type="gender" value="male"/>
<interp inst="t18791215-name-11" type="surname" value="WRAGG"/>
<interp inst="t18791215-name-11" type="given" value="ROBERT THOMAS"/>ROBERT THOMAS WRAGG</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">TRUSCOTT, MAYOR. SECOND SESSION</hi>.</p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—an obelisk</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, December</hi> 15
<hi rend="italic">th</hi>, 1879.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<hi rend="largeCaps">CHARLES BRINDLEY SMITH</hi> (41)</persName> was indicted
<rs id="t18791215-78-offence-1" type="offenceDescription">
<interp inst="t18791215-78-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18791215-78-offence-1" type="offenceSubcategory" value="embezzlement"/> for embezzling the sums 2
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. and 2
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. received on account of
<persName id="t18791215-name-13" type="victimName">
<interp inst="t18791215-name-13" type="gender" value="male"/>
<interp inst="t18791215-name-13" type="surname" value="LUPTON"/>
<interp inst="t18791215-name-13" type="given" value="PETER JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-78-offence-1 t18791215-name-13"/>Peter John Lupton</persName>, his master.</rs> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-14" type="witnessName">
<interp inst="t18791215-name-14" type="gender" value="male"/>
<interp inst="t18791215-name-14" type="surname" value="AVORY"/>
<interp inst="t18791215-name-14" type="given" value="HORACE"/>MR. HORACE AVORY</persName> </hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. WARNER SLEIGH</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-15" type="witnessName">
<interp inst="t18791215-name-15" type="gender" value="male"/>
<interp inst="t18791215-name-15" type="surname" value="LUPTON"/>
<interp inst="t18791215-name-15" type="given" value="PETER JOHN"/>PETER JOHN LUPTON</persName> </hi>. I earned on business for some years as a trimming manufacturer, at 159, Aldersgate Street—I bad also a business in coals—the prisoner entered my employment in 1875, as clerk and collector, at a salary of 25
<hi rend="italic">s</hi>. a week; he offered to come for 1
<hi rend="italic">l</hi>. but I gave him 25
<hi rend="italic">s</hi>.—his duty at that time was solely to keep the books, and of course to collect accounts under my direction—in October, 1875, I raised his salary to 30
<hi rend="italic">s</hi>. a week, and afterwards gave him a commission in addition—amongst other books that he kept was one called the weekly cash book, relating to the coals—this is it (
<hi rend="italic">produced</hi>)—it contains entries of the coals supplied to the different customers, and the amounts received in payment—the prisoner's duty was to receive the money and pay it into the bank on the same day, it he returned during bank hours; if after bank hours his. duty was to pay it in the next morning, or if the amount was too small, so soon after as there was an amount to pay in—I find in the book an entry on January 5th, 1877, of two tons of coal supplied to Mr. James Fry, 52
<hi rend="italic">s:</hi> and on 26th March, 77, 2 tons 56
<hi rend="italic">s</hi>., to Mr. Homersham—56
<hi rend="italic">s</hi>. was the credit price, an allowance of 2
<hi rend="italic">s</hi>. a ton would be made if paid for in cash, which is the custom of the trade—there is no entry in this book of 2
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. being paid by Mr. Homer
<lb/>sham on 9th April, 1877—on 23rd April I find a credit of 10
<hi rend="italic">s</hi>., and on 9th February, 1878, a further credit of 10
<hi rend="italic">s</hi>. to Mr. Homersham in respect of those coals, and on 16th October, 2
<hi rend="italic">s</hi>., and 28th October, 1
<hi rend="italic">s</hi>., making 1
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>.—there is no entry of 2
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. as received from Mr. Fry on 27th January, 1877, but on 9th April, 1877, there is a credit to him of 10
<hi rend="italic">s</hi>., on 9th March, 1878, 5
<hi rend="italic">s</hi>., and on 20th April, 1878, 3
<hi rend="italic">s</hi>., making in all 18
<hi rend="italic">s</hi>. credited to him—all the entries relating to Fry are in the prisoner's writing, and the two first amounts to Homersham—I am not quite sure about October 16th, 1878, I think they are in my writing, copied from the waste book—I posted this</p>
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<p>up from the coal journal—I have not got that here; the prisoner kept the—I have spoken to the prisoner generally with regard to the amounts owim for coal, the precise words I could not swear to; I said in substance that was dissatisfied with the numerous amounts of outstanding balances on this particular class of accounts, and could not understand why they were no paid—his reply was that he could not get them in—his duty was on receivin these two sums to enter them in this book on the day that they were received or within the week that they were received—he should enter the who amount if he received it in one sum; he had no authority to enter these separate items—in September this year I was compelled to file a petition for liquidation, and I handed over my affairs to my trustee, Mr. Edward Smith—the coal-book debts amounted to about 100
<hi rend="italic">l</hi>.—on the last day or so of the prisoner's service, before handing over the list to the trustee, with a statement of each balance that was owing, I asked the prisoner to go through then with me, and if there were any differences in the addresses to mention then—he attended in my private office, and we went through them together there was an alteration in one or two cases—he said nothing about the book debts, except as to one he said that it had been placed against the debtor's contra account; it was neither of these two—I knew nothing of these two receipts until after these proceedings were instituted—he has never accounted to me for them except in the items I have mentioned.</p>
<hi rend="italic">Cross-examined.</hi> I made a statement of my affairs when I filed my peti
<lb/>tion, through my clerk, the prisoner—I signed it—I returned my liablities at about 2,800
<hi rend="italic">l</hi>., and my assets at about 300
<hi rend="italic">l</hi>.—I don't know whether the coal accounts were included—I believe they were, as bad debts—I kept a waste book, not a daily cash book—if I received money from a customer I have sometimes put it in my pocket, but not without entering it—I did set remove any goods belonging to my creditors two days before the clerk to the trustees came into possession—I sent an office desk and table upstairs to Mr. Jackson's office, not secretly—I sent some discoloured neckties to Mr. Nettleship, a hosier, a few doors off—I did not instruct Mr. Croft, my solicitor, to offer 140
<hi rend="italic">l</hi>. to repurchase my assets—I do not think the defendant has any I O U of mine—he never handed me back I O U's of mine to the amount of 80
<hi rend="italic">l</hi>. on making up the waste book—he has certainly not had 20 of my I O U's—I never took any of them from his desk—I never told Mr. Fry that if the prisoner bad not given so much information to the receiver I should never have brought these proceedings, or that if my solicitor had not been instructed to ask the questions he did at the police-court, I would have withdrawn from the prosecution; I swear that—Mr. Hilton was in the habit of making entries in the waste book—I had a duplicate key of the petty cash drawer; the petty cash book was kept there—I may have taken out receipts from that drawer that had been placed there by Hilton, but not surreptitiously—the cash was never balanced—that was Hilton's duty and the prisoner's—it is a fact that satisfactory cash balances were never made—there was a daily cash book, it was not properly kept; it was the prisoner's duty to keep it—I complained of its not being kept, but it was of no avail—I kept a banking account—it was very rarely that my cheques were returned; it did sometimes happen—I did not tell Mrs. Earl that I believed the prisoner had made this mistake through my handling the petty cash.</p>
<hi rend="italic">Re-examined.</hi> This letter (
<hi rend="italic">produced</hi>) is the prisoner's writing, addressed to Mr. Cudley, one of the committee of inspection—in this letter the prisoner</p>
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<p>pleaded distress and stated "I was unfortunately foolishly tempted to make use of some of the moneys receeived in payment of the coals, but not before I had parted with my things. I throw myself at your feet and ask thai you will allow me to pay back the amounts by instalments. I have a wife and five children. The amounts taken in the hour of trouble wen all previous to Christmas, 1877."</p>
<hi rend="smallCaps">
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<interp inst="t18791215-name-16" type="given" value="JAMES"/>JAMBS FRY</persName> </hi>. I live at 22, Clayland Road, Kennington, and am manager for Mr. Homersham—in January, 1877, I was supplied with two tons of coals by Mr. Lupton, and on the 26th January I paid the account, 2
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>.—it was sent to Mr. Lupton's office, and this receipt was brought back. (
<hi rend="italic">This was signed, "For P. J. Lupton, C. B. Smith</hi>") I also paid this account at 2
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. that was owing by Mr. Homersham in the same way, and got back this receipt on the day it bears data. (
<hi rend="italic">This was also signed," C. B. Smith," and dated April</hi> 9, 1877.)</p>
<hi rend="smallCaps">
<persName id="t18791215-name-17" type="witnessName">
<interp inst="t18791215-name-17" type="gender" value="indeterminate"/>
<interp inst="t18791215-name-17" type="surname" value="LUPTON"/>
<interp inst="t18791215-name-17" type="given" value="PETES JOHN"/>PETES JOHN LUPTON</persName> </hi> (
<hi rend="italic">Re-examined</hi>). These receipts are in the prisoner's writing.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-18" type="witnessName">
<interp inst="t18791215-name-18" type="gender" value="indeterminate"/>
<interp inst="t18791215-name-18" type="surname" value="SMITH"/>
<interp inst="t18791215-name-18" type="given" value="EDVARD"/>EDVARD SMITH</persName> </hi>. I am an accountant, of 105, Cheapside, in partnership with Mr. Everett—I was appointed receiver and manager of Mr. Upton's estated—I am now joint trustee with Mr. Chatterley—I directed my clerks to prepare a statement of affairs—the prisoner attended at the office, as is usual with the servants of liquidating debtors, to assist—the coal accounts were included in the statement as not worth anything—I attempted to collect some of the debts, amongst others those supposed to be owing by Mr. Fry and Mr. Homersham, and these receipts were produced, showing that they had been paid—upon that I and Mr. Chatterley requested the prisoner to attend and account for it, and he admitted that he had received the moneys, and not accounted for them—he stated that he had received from 40
<hi rend="italic">l</hi>. to 50
<hi rend="italic">l</hi>., and had not accounted for it.</p>
<hi rend="italic">Cross-examined.</hi> The prisoner made an offer that his friends would find the money if no proceedings were taken, but I declined to receive any such offer—I was aware of the removal of the table and desk into Mr. Jackson's office, and I took them into account in the statement of fixtures as being part of the estate—I have heard of the removal of the neckties; I was not aware of the magnitude of it; I should certainly have inquired into it; I should look on it as a fraudulent preference.</p>
<hi rend="italic">Re-examined.</hi> Mr. Lupton explained to me that just before he filed his petition he owed Mr. Nettleship 2
<hi rend="italic">l</hi>. or 3
<hi rend="italic">l</hi>., and that he had given him some soiled neckties in payment—I remonstrated with him, and said he should not have done so, but being soiled I did not do more.</p>
<hi rend="smallCaps">
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<interp inst="t18791215-78-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-78-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He also</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a previous conviction at this Court in May</hi>, 1872.—
<hi rend="italic">
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<interp inst="t18791215-78-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-78-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-78-18791215 t18791215-78-punishment-1"/>Fifteen Months' Imprisonment.</rs> </hi> </p> </div1>
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<interp inst="def1-79-18791215" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY HILL</hi> (13)</persName> and
<persName id="def2-79-18791215" type="defendantName">
<interp inst="def2-79-18791215" type="gender" value="male"/>
<interp inst="def2-79-18791215" type="age" value="35"/>
<interp inst="def2-79-18791215" type="surname" value="STEWART"/>
<interp inst="def2-79-18791215" type="given" value="ALEXANDER"/>
<hi rend="largeCaps">ALEXANDER STEWART</hi> (35)</persName>
<rs id="t18791215-79-offence-1" type="offenceDescription">
<interp inst="t18791215-79-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18791215-79-offence-1" type="offenceSubcategory" value="other"/>, For indecent acts and practices.</rs> </p>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="largeCaps">STEWART</hi>
<hi rend="smallCaps">
<rs id="t18791215-79-verdict-1" type="verdictDescription">
<interp inst="t18791215-79-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-79-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18791215-79-punishment-2" type="punishmentDescription">
<interp inst="t18791215-79-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-79-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-79-18791215 t18791215-79-punishment-2"/>Twelve Months' Imprisonment.</rs> </hi> </p>
<hi rend="largeCaps">HILL</hi>
<hi rend="smallCaps">
<rs id="t18791215-79-verdict-2" type="verdictDescription">
<interp inst="t18791215-79-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18791215-79-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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<hi rend="largeCaps">AUGUSTUS JOHN BATT</hi> (30)</persName>
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<interp inst="t18791215-80-offence-1" type="offenceCategory" value="theft"/>
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<rs id="t18791215-80-verdict-1" type="verdictDescription">
<interp inst="t18791215-80-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-80-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to stealing whilst employed in the Post-office, a post letter containing a 5
<hi rend="italic">l</hi>. note, the property of
<persName id="t18791215-name-22" type="victimName">
<interp inst="t18791215-name-22" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-80-offence-1 t18791215-name-22"/>Her Majesty's Postmaster-General</persName>.—</rs>
<hi rend="italic">
<rs id="t18791215-80-punishment-3" type="punishmentDescription">
<interp inst="t18791215-80-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-80-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-80-18791215 t18791215-80-punishment-3"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18791215-81">
<interp inst="t18791215-81" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-81" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-81-charge-1" targOrder="Y" targets="def1-81-18791215 t18791215-81-offence-1 t18791215-81-verdict-1"/>
<join result="criminalCharge" id="t18791215-81-charge-2" targOrder="Y" targets="def2-81-18791215 t18791215-81-offence-2 t18791215-81-verdict-1"/>
<persName id="def1-81-18791215" type="defendantName">
<interp inst="def1-81-18791215" type="gender" value="male"/>
<interp inst="def1-81-18791215" type="age" value="32"/>
<interp inst="def1-81-18791215" type="surname" value="MERRY"/>
<interp inst="def1-81-18791215" type="given" value="JOHN WILLIAM"/>
<hi rend="largeCaps">JOHN WILLIAM MERRY</hi> (32)</persName>
<rs id="t18791215-81-offence-1" type="offenceDescription">
<interp inst="t18791215-81-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18791215-81-offence-1" type="offenceSubcategory" value="stealingFromMaster"/> to stealing and receiving a quantity of watches the property of
<persName id="t18791215-name-24" type="victimName">
<interp inst="t18791215-name-24" type="gender" value="male"/>
<interp inst="t18791215-name-24" type="surname" value="BENSON"/>
<interp inst="t18791215-name-24" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-81-offence-1 t18791215-name-24"/>William Benson</persName> and others his masters,</rs> and
<persName id="def2-81-18791215" type="defendantName">
<interp inst="def2-81-18791215" type="gender" value="male"/>
<interp inst="def2-81-18791215" type="age" value="25"/>
<interp inst="def2-81-18791215" type="surname" value="BESSELL"/>
<interp inst="def2-81-18791215" type="given" value="CHARLES ANDREW"/>
<hi rend="largeCaps">CHARLES ANDREW BESSELL</hi> </persName> (25)
<rs id="t18791215-81-offence-2" type="offenceDescription">
<interp inst="t18791215-81-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18791215-81-offence-2" type="offenceSubcategory" value="receiving"/>feloniously receiving the same.</rs>
<rs id="t18791215-81-verdict-1" type="verdictDescription">
<interp inst="t18791215-81-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-81-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.] </rs>
<rs id="t18791215-81-punishment-4" type="punishmentDescription">
<interp inst="t18791215-81-punishment-4" type="punishmentCategory" value="noPunish"/>
<interp inst="t18791215-81-punishment-4" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-81-18791215 t18791215-81-punishment-4"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-81-18791215 t18791215-81-punishment-4"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18791215-82">
<interp inst="t18791215-82" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-82" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-82-charge-1" targOrder="Y" targets="def1-82-18791215 t18791215-82-offence-1 t18791215-82-verdict-1"/>
<xptr type="pageFacsimile" doc="187912150006"/>
<persName id="def1-82-18791215" type="defendantName">
<interp inst="def1-82-18791215" type="gender" value="male"/>
<interp inst="def1-82-18791215" type="age" value="19"/>
<interp inst="def1-82-18791215" type="surname" value="FAULKNER"/>
<interp inst="def1-82-18791215" type="given" value="MALCOLM"/>
<hi rend="largeCaps">MALCOLM FAULKNER</hi> (19)</persName>
<rs id="t18791215-82-offence-1" type="offenceDescription">
<interp inst="t18791215-82-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18791215-82-offence-1" type="offenceSubcategory" value="forgery"/> to three indict
<lb/>ments for feloniously forging and uttering orders for the delivery of goods,—</rs>
<rs id="t18791215-82-punishment-5" type="punishmentDescription">
<interp inst="t18791215-82-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-82-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-82-18791215 t18791215-82-punishment-5"/>
<hi rend="italic">Six Months' Imprisonment.</hi> </rs>
<rs id="t18791215-82-verdict-1" type="verdictDescription">
<interp inst="t18791215-82-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-82-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18791215-83">
<interp inst="t18791215-83" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-83" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-83-charge-1" targOrder="Y" targets="def1-83-18791215 t18791215-83-offence-1 t18791215-83-verdict-1"/>
<join result="criminalCharge" id="t18791215-83-charge-2" targOrder="Y" targets="def1-83-18791215 t18791215-83-offence-2 t18791215-83-verdict-1"/>
<persName id="def1-83-18791215" type="defendantName">
<interp inst="def1-83-18791215" type="gender" value="male"/>
<interp inst="def1-83-18791215" type="age" value="62"/>
<interp inst="def1-83-18791215" type="surname" value="SCOTT"/>
<interp inst="def1-83-18791215" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM SCOTT</hi> (62)</persName>
<rs id="t18791215-83-offence-1" type="offenceDescription">
<interp inst="t18791215-83-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18791215-83-offence-1" type="offenceSubcategory" value="simpleLarceny"/> to stealings sheet, two shawls, and other articles of
<persName id="t18791215-name-28" type="victimName">
<interp inst="t18791215-name-28" type="gender" value="male"/>
<interp inst="t18791215-name-28" type="surname" value="WASS"/>
<interp inst="t18791215-name-28" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-83-offence-1 t18791215-name-28"/>William Wass</persName>,</rs> also
<rs id="t18791215-83-offence-2" type="offenceDescription">
<interp inst="t18791215-83-offence-2" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18791215-83-offence-2" type="offenceSubcategory" value="assault"/>to assaulting
<persName id="t18791215-name-29" type="victimName">
<interp inst="t18791215-name-29" type="gender" value="male"/>
<interp inst="t18791215-name-29" type="surname" value="TREVATT"/>
<interp inst="t18791215-name-29" type="given" value="EDWARD"/>
<interp inst="t18791215-name-29" type="occupation" value="police constable"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-83-offence-2 t18791215-name-29"/>Edward Trevatt</persName>, a police constable, in the execution of his duty, having been before convicted.**—</rs>
<rs id="t18791215-83-punishment-6" type="punishmentDescription">
<interp inst="t18791215-83-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-83-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-83-18791215 t18791215-83-punishment-6"/>
<hi rend="italic">Twelve Months' Imprisonment.</hi> </rs>
<rs id="t18791215-83-verdict-1" type="verdictDescription">
<interp inst="t18791215-83-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-83-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18791215-84">
<interp inst="t18791215-84" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-84" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-84-charge-1" targOrder="Y" targets="def1-84-18791215 t18791215-84-offence-1 t18791215-84-verdict-1"/>
<persName id="def1-84-18791215" type="defendantName">
<interp inst="def1-84-18791215" type="gender" value="male"/>
<interp inst="def1-84-18791215" type="age" value="20"/>
<interp inst="def1-84-18791215" type="surname" value="BAKER"/>
<interp inst="def1-84-18791215" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES BAKER</hi> (20)</persName>
<rs id="t18791215-84-offence-1" type="offenceDescription">
<interp inst="t18791215-84-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18791215-84-offence-1" type="offenceSubcategory" value="simpleLarceny"/> to stealing 72 packages of violet powder of the London and North Western Railway Company, having been before convicted.</rs>
<rs id="t18791215-84-punishment-7" type="punishmentDescription">
<interp inst="t18791215-84-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-84-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-84-18791215 t18791215-84-punishment-7"/>
<hi rend="italic">Two Years' Imprisonment.</hi> </rs>
<rs id="t18791215-84-verdict-1" type="verdictDescription">
<interp inst="t18791215-84-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-84-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> And</p> </div1>
<div1 type="trialAccount" id="t18791215-85">
<interp inst="t18791215-85" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-85" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-85-charge-1" targOrder="Y" targets="def1-85-18791215 t18791215-85-offence-1 t18791215-85-verdict-1"/>
<persName id="def1-85-18791215" type="defendantName">
<interp inst="def1-85-18791215" type="gender" value="male"/>
<interp inst="def1-85-18791215" type="age" value="37"/>
<interp inst="def1-85-18791215" type="surname" value="ALLEN"/>
<interp inst="def1-85-18791215" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE ALLEN</hi> (37)</persName>
<rs id="t18791215-85-offence-1" type="offenceDescription">
<interp inst="t18791215-85-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18791215-85-offence-1" type="offenceSubcategory" value="simpleLarceny"/> to stealing a bale con-taining 209 shawls of
<persName id="t18791215-name-32" type="victimName">
<interp inst="t18791215-name-32" type="gender" value="male"/>
<interp inst="t18791215-name-32" type="surname" value="GREENHAM"/>
<interp inst="t18791215-name-32" type="given" value="ARCHIBALD"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-85-offence-1 t18791215-name-32"/>Archibald Greenham</persName>.—</rs>
<rs id="t18791215-85-punishment-8" type="punishmentDescription">
<interp inst="t18791215-85-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-85-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-85-18791215 t18791215-85-punishment-8"/>
<hi rend="italic">Twelve Months' Imprisonment.</hi> </rs>
<rs id="t18791215-85-verdict-1" type="verdictDescription">
<interp inst="t18791215-85-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-85-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, Dec.</hi> 15
<hi rend="italic">th</hi>, 1879.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18791215-86">
<interp inst="t18791215-86" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-86" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-86-charge-1" targOrder="Y" targets="def1-86-18791215 t18791215-86-offence-1 t18791215-86-verdict-1"/>
<persName id="def1-86-18791215" type="defendantName">
<interp inst="def1-86-18791215" type="gender" value="male"/>
<interp inst="def1-86-18791215" type="age" value="38"/>
<interp inst="def1-86-18791215" type="surname" value="MITCHELL"/>
<interp inst="def1-86-18791215" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE MITCHELL</hi> (38)</persName>
<rs id="t18791215-86-offence-1" type="offenceDescription">
<interp inst="t18791215-86-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18791215-86-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. POLAND</hi> and
<hi rend="smallCaps">COOKE</hi>
<hi rend="italic">Prosecuted.</hi>'</p>
<hi rend="smallCaps">
<persName id="t18791215-name-34" type="witnessName">
<interp inst="t18791215-name-34" type="gender" value="male"/>
<interp inst="t18791215-name-34" type="surname" value="HILL"/>
<interp inst="t18791215-name-34" type="given" value="CHARLES"/>CHARLES HILL</persName> </hi> (
<hi rend="italic">Policeman E</hi> 337). On 10th November I was on duty in Oxford Street, and about 5 p.m. saw the prisoner in Castle Street, near Tottenham Court Road—I said "Have you been in Tottenham Court Road V—he said "No"—I said "You answer the description of a man who is wanted for uttering counterfeit coin"—he said "You are labouring under a great mistake; I am not the man"—I said "I shall take you in custody on this charge"—on the way to the station he put his hand in his pocket, and when he pulled it out he had some money in it which looked like silver—I wrenched it from his hand, and found these six bad florins, one wrapped in newspaper and five loose—I searched him at the station, and found on him a screwdriver, a black lead pencil not cut, a bottle of blacking, a new collar, and 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in silver and bronze—he gave his name Morris—he was taken to the Court next morning; I gave him into the charge of another constable, and he escaped—on the Saturday fortnight afterwards I saw him in Rupert Court, Russell Square, and said "Is your name Mitchell?"—he said "No"—I said "You are the man," and took him in custody—I after
<lb/>wards went to his lodging in Anerley Street, Battersea Park, with Inspector Angier.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I was told that some coin had been passed at Messrs. Buck's in Tottenham Court Road—I went there, but did not find that any coin had been passed there—a woman joined you as I. walked up to you—I said nothing to her—I saw her outside the station door, but not in the station—I went to Parker Street, Westminster, between the 10th and the 29th, to keep observation, because I received information that you were likely to go there—I saw the landlord there—I inquired about a woman who, I understand, was living on the top floor—I had no charge to make against her; my object was to reapprehend you if you should be in her company—I kept observation on her and traced her to Oxford Street, though I had nothing to allege against her—on the night of your reapprehension I found two women in your company, one of whom was, I believe, the woman who was with you on the 10th—I had seen her at 5, Anerley Street on the 11th—I was present when a bad florin was found, in a cupboard of that house where food and crockery are kept—a woman.</p>
<xptr type="pageFacsimile" doc="187912150007"/>
<p>with a child in her arms was there and another woman—they both saw it found, I believe—I asked them if they lived there, and told them we had come to search the place—we searched both rooms thoroughly, and after we found the florin we asked them how it came there, and they both said that you had put it there—the one with a child in her arms said that she was living with you—she did not say that she was your wife.</p>
<hi rend="italic">Re-examined.</hi> It was not the woman with the child who followed us to the station—the same woman was with him when I arrested him on the 29th, and she was also at Anerley Street; we watched her there from the station—the place was searched that night, and both the women were then—I am positive he is the man whom I apprehended on the 10th, and who escaped.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-35" type="witnessName">
<interp inst="t18791215-name-35" type="gender" value="female"/>
<interp inst="t18791215-name-35" type="surname" value="PACK"/>
<interp inst="t18791215-name-35" type="given" value="SARAH"/>SARAH PACK</persName> </hi>. I am the wife of John Pace, of 5
<hi rend="smallCaps">A</hi>, Anerley Street, Battersea Park—the prisoner occupied our two top rooms, back and front, with a woman who passed as his wife—they gave their names Mr. and Mrs. Gifford—when the officers came on 10th November I pointed out those two rooms to them—the woman who passed as his wife came in while the officers were there—a second woman lived in one of the rooms; she had a child, and passed as Mrs. Gilford's sister; she was introduced to me as such—the prisoner did not come back to live there after the officers searched—he. had lived there up to that day—I did not know he was going to leave—I do not know what became of him—the two women left the next evening—the rent was paid on the Monday night.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-36" type="witnessName">
<interp inst="t18791215-name-36" type="gender" value="male"/>
<interp inst="t18791215-name-36" type="surname" value="ANGIER"/>
<interp inst="t18791215-name-36" type="given" value="HENRY"/>HENRY ANGIER</persName> </hi> (
<hi rend="italic">Police Inspector E</hi>). On the night of 10th November I saw the prisoner at the station—I went on the same night to 5
<hi rend="smallCaps">A</hi>, Anerley Street, Battersea Park, where Mrs. Pace pointed out two rooms to me, and in a cupboard in the front room I found this bad florin wrapped in calico, and in the back room some documents in the name of George Mitchell—two women were there—I went back to the station and told the prisoner I hid been to 5
<hi rend="smallCaps">A</hi>, Anerley Road and had found a florin in the cupboard—I said, "I do not want you to answer unless you like, but are those the rooms you occupy?"—he said, "It is all right; you know all about it"—I noticed a woman in the room who had been at the station—I did not see the prisoner for three weeks after he escaped, but I am sure he is the man—there was a bed in the front room where the cupboard was, but it was a living-room; there were cups and saucers on the table—the back room was a bedroom.</p>
<hi rend="italic">Cross-examined.</hi> I spoke to the woman at the station on 10th November—I don't think she made any remark about the florin till we found it—I saw her and spoke to her several times during the three weeks that elapsed—I watched her many days, thinking you might be with her, and I should get a chance of apprehending you—I spoke to her once in the Seven Dials, and many other times—I think I saw her once at the end of Tottenham Court Road—I object to tell you the nature of the conversation between us—I did not cause her to be searched on the night she came to the station.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-37" type="witnessName">
<interp inst="t18791215-name-37" type="gender" value="male"/>
<interp inst="t18791215-name-37" type="surname" value="WEBSTER"/>
<interp inst="t18791215-name-37" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi> I am inspector of coin to H.M. Mint—these six florins are bad, and four of them are from one mould—this one with the calico round it is bad, and from the same mould as the other four.</p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-38" type="witnessName">
<interp inst="t18791215-name-38" type="gender" value="male"/>
<interp inst="t18791215-name-38" type="surname" value="URBEN"/>
<interp inst="t18791215-name-38" type="given" value="GEORGE"/>GEORGE URBEN</persName> </hi> (
<hi rend="italic">Police Inspector</hi>). I know your wife, and have seen her marriage certificate—you were both tried together here—I do not know the date, but you put in the marriage certificate, and that is why she</p>
<xptr type="pageFacsimile" doc="187912150008"/>
<p>was acquitted—I saw the certificate in this Court—I heard of you selling Sarsaparilla in the street two or three months ago, but I never saw you—I your wife never came to Scotland Yard requesting my assistance to find out I where you were living—after her discharge at this Court she appeared as a I witness against a man for uttering base coin—she did not to my knowledge go and obtain some base coin from the man who was convicted here—I never saw any money pass—the man was apprehended in a public-house in I Oxford Street.</p>
<hi rend="italic">Cross-examined.</hi> On 18th August, 1873, the prisoner and a woman I were tried here; he was convicted and sentenced to penal servitude—he produced his marriage certificate, and she was acquitted on the ground that I she was his wife. (
<hi rend="smallCaps">MR. POLAND</hi>
<hi rend="italic">here put in one of the documents found in the prisoner's room, which was a ticket of leave upon a conviction of felo
<lb/>niously uttering counterfeit coin.</hi>)</p>
<hi rend="italic">The Prisoner in his defence stated that his wife, who had been kept by I another man while he was in penal servitude, had placed the had florin in the I cupboard, and then given information to the police, asking him to meet her I in the street, and that when he did so she had an officer ready to apprehend him, and that this was done to get rid of him in order that she might return I to her paramour.</hi> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-39" type="witnessName">
<interp inst="t18791215-name-39" type="gender" value="male"/>
<interp inst="t18791215-name-39" type="surname" value="HILL"/>
<interp inst="t18791215-name-39" type="given" value="CHARLES"/>CHARLES HILL</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I arrested the prisoner on information I which I received from the woman.</p>
<hi rend="smallCaps">
<rs id="t18791215-86-verdict-1" type="verdictDescription">
<interp inst="t18791215-86-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18791215-86-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18791215-87">
<interp inst="t18791215-87" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-87" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-87-charge-1" targOrder="Y" targets="def1-87-18791215 t18791215-87-offence-1 t18791215-87-verdict-1"/>
<persName id="def1-87-18791215" type="defendantName">
<interp inst="def1-87-18791215" type="gender" value="male"/>
<interp inst="def1-87-18791215" type="age" value="42"/>
<interp inst="def1-87-18791215" type="surname" value="SMITH"/>
<interp inst="def1-87-18791215" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS SMITH</hi> (42)</persName>
<rs id="t18791215-87-offence-1" type="offenceDescription">
<interp inst="t18791215-87-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18791215-87-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. LLOYD</hi> and
<hi rend="smallCaps">COOKE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-41" type="witnessName">
<interp inst="t18791215-name-41" type="gender" value="female"/>
<interp inst="t18791215-name-41" type="surname" value="ASHLEY"/>
<interp inst="t18791215-name-41" type="given" value="MARGARET"/>MARGARET ASHLEY</persName> </hi>. I am barmaid at the Yorkshire Grey, Gray's Inn Lane—on 27th October, about 2.30, I served the prisoner with half a pint of beer—he tendered a florin—I said it was bad—he said "It is not; I have just sold my overcoat, and this is the two-shilling piece I got for it—I handed it to another young woman in the bar.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-42" type="witnessName">
<interp inst="t18791215-name-42" type="gender" value="female"/>
<interp inst="t18791215-name-42" type="surname" value="FOGO"/>
<interp inst="t18791215-name-42" type="given" value="MARY ANN"/>MARY ANN FOGO</persName> </hi>. I was barmaid at the Yorkshire Grey—on 27th I October I saw the prisoner in the bar—Ashley called my attention to him, and said that the florin was bad—I looked at it and said "It is bad"—he said "It is not bad"—I said "It is"—that was repeated three times—he said "I have just sold a coat in Leather Lane and received it"—I gave the I florin to Mr. Weatherley.</p>
<hi rend="smallCaps">ANDREW WEATHERLEY</hi>. I keep the Yorkshire Grey—on 27th October I received the bad florin from Fogo—I showed it to my partner, who bit it, and sent for a policeman—I saw the prisoner outside, and said that I should give him in charge—he said "I have sold my overcoat in Leather Lane for 2
<hi rend="italic">s</hi>., and this is the two-shilling piece"—this is the coin; the inspector marked it, and here is my partner's toothmark.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-43" type="witnessName">
<interp inst="t18791215-name-43" type="gender" value="male"/>
<interp inst="t18791215-name-43" type="surname" value="HAWKINS"/>
<interp inst="t18791215-name-43" type="given" value="ALFRED"/>ALFRED HAWKINS</persName> </hi> (
<hi rend="italic">Policeman 96 E</hi>). I was called, and while I was speaking to Mr. Weatherley the prisoner came up and said "It's all right, governor, I have just sold my coat in Petticoat Lane"—no charge had then been made against him that I am aware of—I said "I shall take you for uttering this two-shilling piece said "All right, governor, you are not going to take hold of me, I am quite innocent"—I took him to the station—he was brought up at Bow Street on 28th October, and gave his name James White—he was remanded, and on 3rd November, there being no</p>
<xptr type="pageFacsimile" doc="187912150009"/>
<p>other charge against him, he was discharged—I recognise him as the prisoner who said that his name was James White.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-44" type="witnessName">
<interp inst="t18791215-name-44" type="gender" value="male"/>
<interp inst="t18791215-name-44" type="surname" value="WHEELER"/>
<interp inst="t18791215-name-44" type="given" value="THOMAS"/>THOMAS WHEELER</persName> </hi>. I am barman at the Highlander, 89, Bear Street—on 27th November the prisoner came in and said "Governor, I'm drunk"—I said "Well, if you are drunk you had better go home"—he said "Oh, give me something to sober me, a bottle of soda or lemon"—I drew him a small bottle of soda water, and he placed on the counter a bad half-crown—I called the landlord's attention to it, and placed it on a shelf, where I could see it, jumped over the counter, and sent for a policeman—I then said "This is a bad half-crown you have given me, and I think you know it, and I shall send for a policeman"—he said "I am a poor innocent lad, who would not do harm to any one; I did not know it was bad"—he said to the landlord "Oh, do be merciful and let me go"—the landlord handed the half-crown to the constable in my presence—the prisoner was sober—he walked well to the station, and was evidently shamming.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-45" type="witnessName">
<interp inst="t18791215-name-45" type="gender" value="male"/>
<interp inst="t18791215-name-45" type="surname" value="WALKLING"/>
<interp inst="t18791215-name-45" type="given" value="EDWARD"/>EDWARD WALKLING</persName> </hi> (
<hi rend="italic">Policeman C</hi> 104). I took the prisoner and asked him where he got the coin—he said "I received it in change for a sovereign this morning; I don't know where"—he asked the landlord to break it up and not charge him, as he was a poor innocent fellow—I found a good florin in his hand—he was sober.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-46" type="witnessName">
<interp inst="t18791215-name-46" type="gender" value="male"/>
<interp inst="t18791215-name-46" type="surname" value="WEBSTER"/>
<interp inst="t18791215-name-46" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These coins are both bad.</p>
<hi rend="italic">Prisoner's Defence.</hi> I do not know anything about the first coin. I got the second in change for a sovereign.</p>
<hi rend="smallCaps">
<rs id="t18791215-87-verdict-1" type="verdictDescription">
<interp inst="t18791215-87-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-87-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18791215-87-punishment-9" type="punishmentDescription">
<interp inst="t18791215-87-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-87-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-87-18791215 t18791215-87-punishment-9"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18791215-88">
<interp inst="t18791215-88" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-88" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-88-charge-1" targOrder="Y" targets="def1-88-18791215 t18791215-88-offence-1 t18791215-88-verdict-1"/>
<persName id="def1-88-18791215" type="defendantName">
<interp inst="def1-88-18791215" type="gender" value="male"/>
<interp inst="def1-88-18791215" type="age" value="56"/>
<interp inst="def1-88-18791215" type="surname" value="CORVAN"/>
<interp inst="def1-88-18791215" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM CORVAN</hi> (56)</persName>
<rs id="t18791215-88-offence-1" type="offenceDescription">
<interp inst="t18791215-88-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18791215-88-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS, LLOYD</hi> and
<hi rend="smallCaps">COOKE</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. FRITH</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-48" type="witnessName">
<interp inst="t18791215-name-48" type="gender" value="female"/>
<interp inst="t18791215-name-48" type="surname" value="MANNING"/>
<interp inst="t18791215-name-48" type="given" value="CAROLINE"/>CAROLINE MANNING</persName> </hi>. I keep a fancy goods shop at 18, Caledonian Road, Islington—on 14th November, about 6 p.m., the prisoner came in and chose a shilling box of dominoes, which he said were for a publican in the neighbourhood—he gave me a half-sovereign—I gave him 9
<hi rend="italic">s</hi>. change, and"put the coin between my teeth; it bent, and he ran out with the change and the dominoes—I ran out after him, and a policeman caught him—I had never lost sight of him—he was brought back, and the policeman asked him what he had got in his mouth—he said "Nothing"—the policeman said "You have"—another policeman said "If you don't give it to me I will take it from you"—the prisoner then took a half-sovereign from his mouth, and was going to hand it to me—I said "It is not mine, give it to the policeman"—he did so, and I gave the policeman the other half-sovereign—this is it—I know it by the way I bent it.</p>
<hi rend="italic">Cross-examined.</hi> I had never seen him before—I took the half-sovereign upstairs, but did not put it into my cash-box; I have not got one——I kept it in my hand—there were a good many cabs and omnibuses in the street.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-49" type="witnessName">
<interp inst="t18791215-name-49" type="gender" value="male"/>
<interp inst="t18791215-name-49" type="surname" value="CLARK"/>
<interp inst="t18791215-name-49" type="given" value="JAMES"/>JAMES CLARK</persName> </hi> (
<hi rend="italic">Policeman Y</hi> 456). The last witness pointed out the prisoner to me in Pentonville Road running very fast; I never lost sight of him—he ran towards some cabs; a cabdriver moved his cab, and I caught him on the other side of it, about a quarter of a mile from where I first saw him, but he escaped again, and I caught him about 15 yards off—I saw him take something from his pocket, and put it in his mouth—I took hold of both his hands, and said "Give me that which is in your mouth," but he said nothing—another officer came up, and we took him to Mrs.</p>
<xptr type="pageFacsimile" doc="187912150010"/>
<p>Manning's—I asked him three times what he had in his mouth—he said "Nothing"—Merton put his hand on his breast, and said "Give me what you have in your mouth"—he said "I won't give it to you; I will give it to the lady," and handed a coin to her—she gave it to me; it was a good half-sovereign—I examined his cap at the station, and found two curls pinned in it to hang down.</p>
<hi rend="italic">Cross-examined.</hi> He did not say that he would not give the coin to the policeman lost they should change it—I was not disappointed to find that it was a good one.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-50" type="witnessName">
<interp inst="t18791215-name-50" type="gender" value="male"/>
<interp inst="t18791215-name-50" type="surname" value="MERTON"/>
<interp inst="t18791215-name-50" type="given" value="CHARLES"/>CHARLES MERTON</persName> </hi> (
<hi rend="italic">Policeman Y</hi> 456). I saw a crowd round Mrs. Man
<lb/>ning's shop, went in, and found the prisoner in custody—I said "Have you got anything in your mouth?"—he said "No"—I said "I believe you have, for I can hear something rattle; you had better give it to me," and put my hand up to his throat—he said "No, I shall not give it to you; I will give it to this lady," turning to the prosecutrix, and pulling something from his mouth which he handed to her, and she handed "it to Clark—I did not examine it.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-51" type="witnessName">
<interp inst="t18791215-name-51" type="gender" value="male"/>
<interp inst="t18791215-name-51" type="surname" value="WEBSTER"/>
<interp inst="t18791215-name-51" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This bent half-sovereign is bad.</p>
<hi rend="italic">Cross-examined.</hi> It is a better imitation than usual, but very light.</p>
<hi rend="smallCaps">
<rs id="t18791215-88-verdict-1" type="verdictDescription">
<interp inst="t18791215-88-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-88-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18791215-88-punishment-10" type="punishmentDescription">
<interp inst="t18791215-88-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-88-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-88-18791215 t18791215-88-punishment-10"/>Fifteen Months' Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, Dec.</hi> 16
<hi rend="italic">th</hi>, 1879.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18791215-89">
<interp inst="t18791215-89" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-89" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-89-charge-1" targOrder="Y" targets="def1-89-18791215 t18791215-89-offence-1 t18791215-89-verdict-1"/>
<persName id="def1-89-18791215" type="defendantName">
<interp inst="def1-89-18791215" type="gender" value="male"/>
<interp inst="def1-89-18791215" type="age" value="16"/>
<interp inst="def1-89-18791215" type="surname" value="WILLIAMS"/>
<interp inst="def1-89-18791215" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK WILLIAMS</hi> (16)</persName>
<rs id="t18791215-89-offence-1" type="offenceDescription">
<interp inst="t18791215-89-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18791215-89-offence-1" type="offenceSubcategory" value="forgery"/>
<hi rend="smallCaps">
<rs id="t18791215-89-verdict-1" type="verdictDescription">
<interp inst="t18791215-89-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-89-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to feloniously forging and uttering a receipt for moneys with intent to defraud.</rs> </p>
<hi rend="italic">
<rs id="t18791215-89-punishment-11" type="punishmentDescription">
<interp inst="t18791215-89-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-89-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-89-18791215 t18791215-89-punishment-11"/>Five Days' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18791215-90">
<interp inst="t18791215-90" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-90" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-90-charge-1" targOrder="Y" targets="def1-90-18791215 t18791215-90-offence-1 t18791215-90-verdict-1"/>
<persName id="def1-90-18791215" type="defendantName">
<interp inst="def1-90-18791215" type="gender" value="male"/>
<interp inst="def1-90-18791215" type="age" value="41"/>
<interp inst="def1-90-18791215" type="surname" value="POWER"/>
<interp inst="def1-90-18791215" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES POWER</hi> (41)</persName>
<rs id="t18791215-90-offence-1" type="offenceDescription">
<interp inst="t18791215-90-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18791215-90-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining five washing machines and three wringing machines of
<persName id="t18791215-name-54" type="victimName">
<interp inst="t18791215-name-54" type="gender" value="male"/>
<interp inst="t18791215-name-54" type="surname" value="WILDING"/>
<interp inst="t18791215-name-54" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-90-offence-1 t18791215-name-54"/>Joseph Wilding</persName> by false pretences, and a cask of butter from
<persName id="t18791215-name-55" type="victimName">
<interp inst="t18791215-name-55" type="gender" value="male"/>
<interp inst="t18791215-name-55" type="surname" value="COLLEY"/>
<interp inst="t18791215-name-55" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-90-offence-1 t18791215-name-55"/>Richard Colley</persName>.</rs> </p>
<hi rend="smallCaps">MESSRS. MONTAGU WILLIAMS</hi> and
<hi rend="smallCaps">PURCELL</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. KEITH FRITH</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-56" type="witnessName">
<interp inst="t18791215-name-56" type="gender" value="male"/>
<interp inst="t18791215-name-56" type="surname" value="FORTY"/>
<interp inst="t18791215-name-56" type="given" value="THOMAS"/>THOMAS FORTY</persName> </hi>. I am manager to Joseph Wilding, of Bolton, Lancashire, a washing machine manufacturer—he exhibited his machines at the Kilburn Agricultural Show, and distributed a number of prospectuses—on 20th August I received this letter (
<hi rend="italic">A</hi>) on a printed form from James Power requesting prices—I wrote a reply, sending a circular and price list, and on 25th I received this letter (
<hi rend="italic">B</hi>). (
<hi rend="italic">It was dated from</hi> 45,
<hi rend="italic">King Square. This ordered certain washing and wringing machines, and referring to Lawrence and Taylor</hi>, 76,
<hi rend="italic">Aldersgate Street</hi>). In consequence of that letter I sent five washing machines and three wringing machines to 45, King Square, believing it to be a genuine transaction—I received this letter (
<hi rend="italic">C</hi>) acknow
<lb/>ledging their receipt—I then received this letter (
<hi rend="italic">D</hi>), dated 15th September, ordering more goods—I replied to that by applying for payment for the goods previously sent—I did not receive the money or any reply; we wrote more than once—the next time I said I would come up and see him—on 13th October I came to London, and went with Mr. Hutchinson to 45, King Square—I there saw a Mrs. Allen—I looked over the premises rented by the prisoner; it was a small shed at the end of a back yard; it was locked up—by standing on a stool I could see through a window, and I saw two</p>
<xptr type="pageFacsimile" doc="187912150011"/>
<p>of my washing machines on a bench there—I had invoiced those machines at 35
<hi rend="italic">s</hi>., less 20 off—that would he 26
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. net—I went to the premises again several times, hut never saw the prisoner till he was in custody—I made a communication to Mr. Hutchinson, and wrote this letter to the prisoner. (
<hi rend="italic">E. Read:</hi> "217, City Road. Eagle Dining Rooms. Sir,—Please inform me if you can supply me with two Wilding's Patent Swift Washers; a friend of Mrs. Allen's has referred me to you. Yours respect
<lb/>fully, J. Hutchinson.") I afterwards saw the two washing machines that I had seen in the shed in the possession of Mr. Hutchinson—I have not been able to recover the others—I sent them in the belief I was dealing with a man of business in the ordinary way.</p>
<hi rend="italic">Cross-examined.</hi> I have not been to the shed since—there was nothing in it—there was a little room on the left, hardly worth mentioning; very much smaller than the other; I could see into it—I called three or four times during five or six days; any time I was passing, sometimes in the day time and sometimes in the evening.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-57" type="witnessName">
<interp inst="t18791215-name-57" type="gender" value="male"/>
<interp inst="t18791215-name-57" type="surname" value="HUTCHINSON"/>
<interp inst="t18791215-name-57" type="given" value="JOSEPH"/>JOSEPH HUTCHINSON</persName> </hi>. I am a dining-room keeper at 217, City Road—I know Mr. Forty—at the end of October I accompanied him to 45, King Square—I saw the shed, looked through the window, and saw two washing machines; there was nothing else but the bare place—afterwards, at the request of Mr. Forty, I forwarded the letter () tendering for the washing machines—in consequence of something Mrs. Allen's son told me two or three days afterwards I sent a letter addressed to James Power, 45, King Square, and the prisoner and another man came to my house—the prisoner said "Are you the governor or Mr. Hutchinson?"—I said "Yes"—he said "Do you want to buy some washing machines?"—I said "Yes, if I get them at a reasonable price"—I asked what he wanted for them—he said "30
<hi rend="italic">s</hi>. each"—I said I should not give 30
<hi rend="italic">s</hi>.; I understood he had got them to sell very cheap—he and his friend consulted together, and said they would take 25
<hi rend="italic">s</hi>.—I said I would give them 25
<hi rend="italic">s</hi>.—I told them to bring the machines next morning—two of the washing machines were afterwards brought to my house—Mr. Forty identified them—my son handed me the invoice—the prisoner called for payment, and he was handed over to a policeman.</p>
<hi rend="italic">Cross-examined.</hi> Mr. Forty did not tell me to oner 25
<hi rend="italic">s</hi>.; he told me the price of them—I told the prisoner I wanted one for myself and one for my brother-in-law; that was not true.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-58" type="witnessName">
<interp inst="t18791215-name-58" type="gender" value="male"/>
<interp inst="t18791215-name-58" type="surname" value="HUTCHINSON"/>
<interp inst="t18791215-name-58" type="given" value="GEORGE"/>GEORGE HUTCHINSON</persName> </hi>. I am a son of the last witness—on Thursday, 6th November, the prisoner brought the two washing-machines, and said he had. brought the washing machines that were ordered—he gave me this invoice—I told him my father was out—he said he would call again—when he came next morning the detective was waiting for him.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-59" type="witnessName">
<interp inst="t18791215-name-59" type="gender" value="male"/>
<interp inst="t18791215-name-59" type="surname" value="COLLEY"/>
<interp inst="t18791215-name-59" type="given" value="RICHARD"/>RICHARD COLLEY</persName> </hi>. I am a farmer, and live near Welshpool, Montgomery
<lb/>hire—I was an exhibitor of butter and cheese at the Kilburn Show this year—I had printed catalogues and price lists—about 12th August I received this letter (
<hi rend="italic">G</hi>) on a printed bill-head form: "James Power, Provision Merchant and Agent, 45, King Square. If you have any butter for sale of the same or similar quality of that exhibited at Kilburn I should like to receive full particulars"—I answered that letter, and asked for references, and on 23rd September I received this letter on the same bill-head. (
<hi rend="italic">This ordered some butter to be forwarded, and referred to Lawrence and Taylor</hi>,</p>
<xptr type="pageFacsimile" doc="187912150012"/>
<hi rend="italic">Aldersgate Street, and C. R. Decker and Co., Wilson Street, Finsbury.</hi>) I received this post-card dated 2nd October, and on the 3rd I sent the butter. (
<hi rend="italic">The post-card stated that the writer would see the witness on the 13th at the Agricultural Hall</hi>) There was another exhibition at the Agri
<lb/>cultural Hall on the 13th—I received this letter of October 3rd, but dated November 3rd. (
<hi rend="italic">This requested 4 cwt. of butter to be forwarded to Mr. T. W. Corner, 1, Vauxhall Street, Hoxton, charging Id. extra, and stating, "I am open for poultry and eggs later on.</hi>") I replied to that letter, and then received this. (
<hi rend="italic">Read:</hi> "6th October, 1879. Dear Sir,—I have been very ill, or should have sent back tubs and money. I will see to it now, though. I don't know what you mean by writing. I think you must have had a letter from some one else. I did not ask about poultry. I have not given your address to any one else. I don't remember mentioning anything about a customer who would give 1
<hi rend="italic">d</hi>. a pound more for butter. If any one has written to you, you may be sure they wrote to you because I won't give them more credit You say you can't send less than 3 tons of poultry. You must be joking; I could never pay for such a quantity.") I had offered to sell him tons of poultry—I received this letter of 10th October, acknow
<lb/>ledging the receipt of the butter—I came up to London and went to the Agricultural Hall—the prisoner passed by me there; he looked at me and just spoke—I was talking to a gentleman; he never stopped—I saw no more of him till he was in custody—I went to 45, King Square, but could not find him—I went back to Wales, and on 16th October I received this letter. (
<hi rend="italic">This explained that he was prevented returning to the Agricultural flail, and stated that he was not quite ready to remit.</hi>) I applied for payment once or twice afterwards—I got replies stating that he intended sending the empty tubs and the money, but he never did—seeing these printed bill-heads, I believed it to be a genuine concern of a man in trade.</p>
<hi rend="italic">Cross-examined.</hi> In one of his letters he states, "As a rule I take a month's credit"—I sent the butter, after seeing that it was to be paid for on 13th October, and then he was to have another lot—I did not intend sending them till I was paid for my butter.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-60" type="witnessName">
<interp inst="t18791215-name-60" type="gender" value="male"/>
<interp inst="t18791215-name-60" type="surname" value="BOULTBY"/>
<interp inst="t18791215-name-60" type="given" value="ROBERT"/>ROBERT BOULTBY</persName> </hi> (
<hi rend="italic">Police Sergeant G</hi>). On the morning of 7th November I went to Mr. Hutchinson's house, and waited there till 4 o'clock, when the prisoner came—he said to Mr. Hutchinson that he had come for the money for the machines—Mr. Hutchinson showed him into a room where I was—I asked him if his name was James Power—he said "Yes"—I said, "I belong to the police, and I shall take you into custody for receiving a quantity of washing and wringing machines from Mr. Wilding, of Bolton, by fraud"—he said, "I did not receive them by fraud; I was coming to get a little money to send down"—I asked him his private address—he said, "I decline to give it; I shall give no address but 45, King Square"—I took him to the station—the inspector read the warrant to him—he made no reply—I searched him and found a quantity of letters, among them the one marked "
<hi rend="italic">E</hi>" Mr. Hutchinson's letter to him—I then went to 45, King Square—I had watched that place for some time—I had seen the prisoner there frequently of a morning at the time the letters came; he remained a few minutes and then left—on one occasion I saw a railway van draw up, and a largo hamper was left, which he received—he was waiting at the door when it came—he took it inside and afterwards went away, and I went and looked in at the window of one of the sheds, and saw a quantity of large</p>
<xptr type="pageFacsimile" doc="187912150013"/>
<p>bams and about six washing and wringing machines placed on a bench—after he was in custody I searched both the sheds; they are little places about a yard and a half wide and about 3 yards long—they contained a quantity of old, empty boxes, invoices, and a great number of envelopes addressed to Mr. Power, King Square, and bundles of letter-paper with the beading produced—I have been to Aldersgate Street and made inquiries about Lawrence and Taylor; they had gone away.</p>
<hi rend="italic">Cross-examined.</hi> I saw the name on the door, but the place was empty.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-61" type="witnessName">
<interp inst="t18791215-name-61" type="gender" value="male"/>
<interp inst="t18791215-name-61" type="surname" value="PEEL"/>
<interp inst="t18791215-name-61" type="given" value="WILLIAM"/>WILLIAM PEEL</persName> </hi> (
<hi rend="italic">Police Inspector G</hi>). I have been to 32, Wilson Street, Finsbury—I could not find such a firm as Decker and Co.—I should like to find them.</p>
<hi rend="smallCaps">
<rs id="t18791215-90-verdict-1" type="verdictDescription">
<interp inst="t18791215-90-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-90-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18791215-90-punishment-12" type="punishmentDescription">
<interp inst="t18791215-90-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-90-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-90-18791215 t18791215-90-punishment-12"/>Two Years' Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 16
<hi rend="italic">th</hi>, 1879.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18791215-91">
<interp inst="t18791215-91" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-91" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-91-charge-1" targOrder="Y" targets="def1-91-18791215 t18791215-91-offence-1 t18791215-91-verdict-1"/>
<persName id="def1-91-18791215" type="defendantName">
<interp inst="def1-91-18791215" type="gender" value="male"/>
<interp inst="def1-91-18791215" type="age" value="20"/>
<interp inst="def1-91-18791215" type="surname" value="JACKSON"/>
<interp inst="def1-91-18791215" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM JACKSON</hi> (20)</persName>
<rs id="t18791215-91-offence-1" type="offenceDescription">
<interp inst="t18791215-91-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18791215-91-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. LLOYD</hi> and
<hi rend="smallCaps">COOKE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-63" type="witnessName">
<interp inst="t18791215-name-63" type="gender" value="male"/>
<interp inst="t18791215-name-63" type="surname" value="GRASS"/>
<interp inst="t18791215-name-63" type="given" value="THOMAS JAMES DE"/>THOMAS JAMES DE GRASS</persName> </hi>. I am a tobacconist, of 23, Emmett Street, Poplar—on 19th November, a little before 9 p.m., I served the prisoner with half an ounce of shag—he gave me a half-crown, I gave him 2
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. change, and immediately he left I put it to my teeth and found it was bad—this is it; I identify it by the mark where I bit it—I gave it up at the station next morning.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-64" type="witnessName">
<interp inst="t18791215-name-64" type="gender" value="female"/>
<interp inst="t18791215-name-64" type="surname" value="PEAT"/>
<interp inst="t18791215-name-64" type="given" value="HARRIET ELIZABETH"/>HARRIET ELIZABETH PEAT</persName> </hi>. My father keeps the Railway Tavern, Poplar—on 19th November, about 9 p.m., I served the prisoner with half an ounce of tobacco—he put down a half-crown, I gave him 2
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. change—it felt light and I showed it to my father, who marked it with his teeth and said that it was bad—I went back to the bar and the prisoner had gone—he was afterwards brought back and said "My mate sent me in with it, I did not know it was a bad one."</p>
<hi rend="smallCaps">
<persName id="t18791215-name-65" type="witnessName">
<interp inst="t18791215-name-65" type="gender" value="male"/>
<interp inst="t18791215-name-65" type="surname" value="PEAT"/>
<interp inst="t18791215-name-65" type="given" value="GEORGE WILLIAM"/>GEORGE WILLIAM PEAT</persName> </hi>. My daughter brought me this bad half-crown—I know it by the marks where it was put in the tester—I got a descrip
<lb/>tion of the prisoner and went out and pointed him out to a constable—a man who was with him ran away—I took him back and my daughter said "That is the man who gave me the half-crown"—he said "I passed the half-crown here,"</p>
<hi rend="smallCaps">
<persName id="t18791215-name-66" type="witnessName">
<interp inst="t18791215-name-66" type="gender" value="male"/>
<interp inst="t18791215-name-66" type="surname" value="CLARK"/>
<interp inst="t18791215-name-66" type="given" value="JOHN"/>JOHN CLARK</persName> </hi> (
<hi rend="italic">Policeman K</hi> 537). Mr. Peat pointed out the prisoner to me with another man, who ran away when he saw me take hold of the prisoner—they were walking very quietly—I said to the prisoner "I shall take you in custody for passing a bad half-crown at the Hallway Tavern"—he said "You have made a mistake this time"—I took him back, and the landlord's daughter said "This is the man that passed me the half-crown"—he said "Yes, I did; this is the house I came into; I was sent in by another man with the half-crown, I did not know it was a bad one"—I said "Was that the man who was with you that sent you in?"—he made no reply—I found on him 1 3/4
<hi rend="italic">d</hi>.—I received this half-crown from Mr. Peat, and marked it "537 K," there is also a mark on the face—the prisoner was placed with several others at the station and Mr. De Gras identified him.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-67" type="witnessName">
<interp inst="t18791215-name-67" type="gender" value="male"/>
<interp inst="t18791215-name-67" type="surname" value="WEBSTER"/>
<interp inst="t18791215-name-67" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These half-crowns are bad and from the same mould—they are very well cast but badly coloured.</p>
<xptr type="pageFacsimile" doc="187912150014"/>
<hi rend="italic">Prisoner's Defence.</hi> I was sent in by a friend for some tobacco, and he said he would give me a few halfpence. I was very hard up; I had no idea they were bad.</p>
<hi rend="smallCaps">
<rs id="t18791215-91-verdict-1" type="verdictDescription">
<interp inst="t18791215-91-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-91-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18791215-91-punishment-13" type="punishmentDescription">
<interp inst="t18791215-91-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-91-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-91-18791215 t18791215-91-punishment-13"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18791215-92">
<interp inst="t18791215-92" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-92" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-92-charge-1" targOrder="Y" targets="def1-92-18791215 t18791215-92-offence-1 t18791215-92-verdict-1"/>
<join result="criminalCharge" id="t18791215-92-charge-2" targOrder="Y" targets="def2-92-18791215 t18791215-92-offence-1 t18791215-92-verdict-2"/>
<persName id="def1-92-18791215" type="defendantName">
<interp inst="def1-92-18791215" type="gender" value="male"/>
<interp inst="def1-92-18791215" type="age" value="30"/>
<interp inst="def1-92-18791215" type="surname" value="MANNING"/>
<interp inst="def1-92-18791215" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MANNING</hi> (30)</persName> and
<persName id="def2-92-18791215" type="defendantName">
<interp inst="def2-92-18791215" type="gender" value="male"/>
<interp inst="def2-92-18791215" type="age" value="46"/>
<interp inst="def2-92-18791215" type="surname" value="UPTON"/>
<interp inst="def2-92-18791215" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY UPTON</hi> (46)</persName>
<rs id="t18791215-92-offence-1" type="offenceDescription">
<interp inst="t18791215-92-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18791215-92-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. LLOYD</hi> and
<hi rend="smallCaps">COOKE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-70" type="witnessName">
<interp inst="t18791215-name-70" type="gender" value="female"/>
<interp inst="t18791215-name-70" type="surname" value="WILMER"/>
<interp inst="t18791215-name-70" type="given" value="LOVEDAY"/>LOVEDAY WILMER</persName> </hi>. My husband keeps the Cooper's Arms, Saffron Hill—on 22nd November, about 7.40, the prisoners came in, and Manning called for a half-quartern of rum, and gave me a florin—I gave him 1
<hi rend="italic">s</hi>. 9 1/2
<hi rend="italic">d</hi>. change and laid it on a table in the back parlour where there was no other money—Upton then said "Give me change for that," handing me a florin; it felt very greasy, I put it to my teeth and found it was bad, it was gritty—I said "I can't give you change for that, it is not good"—Manning was by his side and could hear perfectly well—Upton said "That is good enough," picked it up and put it in his pocket—I went into the parlour and fetched the first florin, that was bad, and when I went back he was gone—somebody stopped Manning, and he said "I met the other man out
<lb/>side and he asked me to come and have something to drink, he gave me the two shillings to pay for it"—he was given in custody with the florin—the policeman marked it in my presence—this is it, and here are my teeth marks on it.</p>
<hi rend="italic">Cross-examined by Upton.</hi> You did not put the florin to your teeth when I brought it back, you put it in your side pocket.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-71" type="witnessName">
<interp inst="t18791215-name-71" type="gender" value="male"/>
<interp inst="t18791215-name-71" type="surname" value="ARDILL"/>
<interp inst="t18791215-name-71" type="given" value="THOMAS"/>THOMAS ARDILL</persName> </hi> (
<hi rend="italic">Police Sergeant G</hi> 11). I was called to the Cooper's Arms, and Manning was given into my custody—he said "I met a man outside who has now gone who asked me to come in and have something to drink with him, but I do not know what was put down"—on the way to the station he said "I am a hard-working man, it is a bad job for me; a man named Harry Upton gave me a two shilling piece to call for some
<lb/>thing to drink; I did not know at the time that it was bad"—I found on him two good shillings and 1 1/2
<hi rend="italic">d</hi>.—he said "I met a man outside who asked me to come in and have something to drink with him, but I did not know what was put down"—he put the money down.</p>
<hi rend="italic">Cross-examined by Manning.</hi> I took your direction down and went there and found it correct—I found nothing against you—after that I went where you had been living for two years, but they said that you worked very little.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-72" type="witnessName">
<interp inst="t18791215-name-72" type="gender" value="female"/>
<interp inst="t18791215-name-72" type="surname" value="REECE"/>
<interp inst="t18791215-name-72" type="given" value="EMMA"/>EMMA REECE</persName> </hi>. I am barmaid at Mr. Foucar's, the Queen's Arms, Caledonian Road—on 31st October, between 6 and 7 p.m., I served Upton with a pint of ale—he gave me a florin, I put it to my teeth, it bent, and I said "This is a bad one"—he said "Give it to me back again, I do not know where I got it from, I had it given to me"—I did not do so, I gave it to Mr. Foucar, saying "This is bad"—he said "Where did you get it from?"—the prisoner said "I had it given to me"—he said "Have you any more of these about you?"—he said "No, I did not know it was a bad one"—he was given in charge with the florin—this is it, I bent it and marked it.</p>
<hi rend="italic">Cross-examined by Upton.</hi> You did not tell me you got it by sparring.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-73" type="witnessName">
<interp inst="t18791215-name-73" type="gender" value="male"/>
<interp inst="t18791215-name-73" type="surname" value="FOUCAR"/>
<interp inst="t18791215-name-73" type="given" value="CLEMENT"/>CLEMENT FOUCAR</persName> </hi>. I keep the Queen's Arms—on 31st October Reece</p>
<xptr type="pageFacsimile" doc="187912150015"/>
<p>drew my attention to a bad florin, and I said to Upton "That florin is a bad one, and I shall give you in charge"—he said "I did not know it was bad"—he said nothing about getting it in a sparring match—I gave him in custody with the florin.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-74" type="witnessName">
<interp inst="t18791215-name-74" type="gender" value="male"/>
<interp inst="t18791215-name-74" type="surname" value="MOORE"/>
<interp inst="t18791215-name-74" type="given" value="THOMAS"/>THOMAS MOORE</persName> </hi> (
<hi rend="italic">Policeman Y</hi> 115). I was called to the Queen's Arms and took Upton into a back parlour and searched him, but only found 1
<hi rend="italic">d</hi>. on him—I said "Where did you get it from?"—he said "At a sparring match"—Mr. Foucar was not present then—Upton was taken before a Magistrate the next day and discharged—I gave the florin in at the station and it was sent to the chief office—we afterwards applied for it and got it—I know it because I marked it "M."</p>
<hi rend="smallCaps">
<persName id="t18791215-name-75" type="witnessName">
<interp inst="t18791215-name-75" type="gender" value="male"/>
<interp inst="t18791215-name-75" type="surname" value="GILL"/>
<interp inst="t18791215-name-75" type="given" value="THOMAS"/>THOMAS GILL</persName> </hi> (
<hi rend="italic">Policeman G</hi> 302). On 2nd December I saw Upton in White Cross Street—I said "Upton, I shall take you in custody"—he said "What for?"—I said "For uttering counterfeit coin at the Cooper's Anns, Saffron Hill"—he said "I know nothing at all about it"—I took him to the station and found 2
<hi rend="italic">d</hi>. on him.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-76" type="witnessName">
<interp inst="t18791215-name-76" type="gender" value="male"/>
<interp inst="t18791215-name-76" type="surname" value="WEBSTER"/>
<interp inst="t18791215-name-76" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These coins are both bad.</p>
<hi rend="italic">The Prisoners' Statements before the Magistrate. Manning says:</hi> "I know nothing about it. I did not know it was a bad one.
<hi rend="italic">Upton says:</hi> "I know nothing at all about it"</p>
<hi rend="italic">Manning's Defence.</hi> I met Upton, who asked me to have a drop of rum. We went into the public-house, and he said "Call for half a quartern of rum," and he gave me a florin. I put it on the bar, and as soon as the mistress gave me the change I gave it to him. The policeman found 2
<hi rend="italic">s</hi>. 1 1/2
<hi rend="italic">d</hi>. on me, which could not be the change of the florin. I never attempted to move from the spot, but tried to prove my innocence.</p>
<hi rend="italic">Upton's Defence.</hi> I earned 2
<hi rend="italic">l</hi>. by gambling, and I had 2
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. in my pocket I was druuk, met this man, whom I knew, and asked him to have a drop of something, but I did not give him 2
<hi rend="italic">s</hi>. I paid myself. That florin was not bad. I tried to bend it, but could not. I did not throw it away, I spent it The one she took was bad, no doubt, but whether it was the. same or not I don't know. My benefit was to have come off last Tuesday, but I was locked up.</p>
<hi rend="smallCaps">MRS. WILMER</hi> (
<hi rend="italic">Re-examined</hi>). Upton appeared perfectly sober.</p>
<hi rend="largeCaps">MANNING</hi>
<hi rend="smallCaps">
<rs id="t18791215-92-verdict-1" type="verdictDescription">
<interp inst="t18791215-92-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18791215-92-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">UPTON</hi>
<hi rend="smallCaps">
<rs id="t18791215-92-verdict-2" type="verdictDescription">
<interp inst="t18791215-92-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-92-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<rs id="t18791215-92-punishment-14" type="punishmentDescription">
<interp inst="t18791215-92-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-92-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-92-18791215 t18791215-92-punishment-14"/>
<hi rend="italic">Eighteen Months' Im
<lb/>prisonment.</hi> </rs> </p>
<hi rend="italic">He had been seventeen times convicted of assaults on the police, and drunkenness.</hi> </p> </div1>
<div1 type="trialAccount" id="t18791215-93">
<interp inst="t18791215-93" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-93" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-93-charge-1" targOrder="Y" targets="def1-93-18791215 t18791215-93-offence-1 t18791215-93-verdict-1"/>
<persName id="def1-93-18791215" type="defendantName">
<interp inst="def1-93-18791215" type="gender" value="male"/>
<interp inst="def1-93-18791215" type="age" value="27"/>
<interp inst="def1-93-18791215" type="surname" value="MOORE"/>
<interp inst="def1-93-18791215" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM MOORE</hi> (27)</persName>
<rs id="t18791215-93-offence-1" type="offenceDescription">
<interp inst="t18791215-93-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18791215-93-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. LLOYD</hi> and
<hi rend="smallCaps">COOKE</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-78" type="witnessName">
<interp inst="t18791215-name-78" type="gender" value="female"/>
<interp inst="t18791215-name-78" type="surname" value="ISAACS"/>
<interp inst="t18791215-name-78" type="given" value="HANNAH"/>HANNAH ISAACS</persName> </hi>. I work at a fish shop, 1, Clare Street, Clare Market—on 19th July, between 9 and 10 p.m., I served the prisoner with a two
<lb/>penny haddock—he gave me a florin—I put it in the tryer, found it was bad, and gave it to my mother, who came out and asked the prisoner where, he got it—he said "My wife gave it to me; I will go and fetch her," and walked away without the change—my father had given him the florin—Tyler went after him and fetched him back, and my father called Inspector Wood, who took him inside the parlour and searched him—I marked the coin; this is it.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-79" type="witnessName">
<interp inst="t18791215-name-79" type="gender" value="male"/>
<interp inst="t18791215-name-79" type="surname" value="TAYLOR"/>
<interp inst="t18791215-name-79" type="given" value="CHARLES"/>CHARLES TAYLOR</persName> </hi>. I am assistant to Mr. Isaacs—on 19th July I came in and saw the prisoner leaving the shop—I ran after him and stopped him</p>
<xptr type="pageFacsimile" doc="187912150016"/>
<p>about 20 doors off, and said "Young man, you have got to come back along with me"—he said "All right, let me go and fetch my wife"—he threw something away on the pavement which sounded like money, and I searched down the grating, but could not find it—I took him back to the shop, and Inspector Wood took him in custody.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-80" type="witnessName">
<interp inst="t18791215-name-80" type="gender" value="female"/>
<interp inst="t18791215-name-80" type="surname" value="ISAACS"/>
<interp inst="t18791215-name-80" type="given" value="HANNAH"/>HANNAH ISAACS</persName> </hi>. On 19th July my daughter called my attention to a bad florin—I said to the prisoner "Where did you get this from?"—he said "My wife gave it to me"—I said "We have taken a good bit of bad money this week, and I have been making inquiry who has been passing it, and shall detain you till a policeman comes"—he said "I will go and fetch a policeman if you like"—I said "No, I will send for one," and he started off—I was there when he was brought back—I gave the bad florin to Inspector Wood—when I accused him he said "I will go and fetch my wife."</p>
<hi rend="smallCaps">
<persName id="t18791215-name-81" type="witnessName">
<interp inst="t18791215-name-81" type="gender" value="male"/>
<interp inst="t18791215-name-81" type="surname" value="WOOD"/>
<interp inst="t18791215-name-81" type="given" value="HENRY"/>HENRY WOOD</persName> </hi>. I am Chief Inspector at Bow Street—about 9.30 p.m, on 19th July I was passing down Clare Street and was called into Mr. Isaacs's shop—he handed me this florin, and gave the prisoner into my custody for passing it to his daughter—I searched him and found 1
<hi rend="italic">d</hi>. on him—I said "You will have to go to the station with me for uttering this bad two
<lb/>shilling piece"—he said "If it is bad my wife gave it to me"—I said "Where do you live?"—he said "In Clerkenwell"—I took him to the station, and he was charged, remanded, and ultimately discharged.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-82" type="witnessName">
<interp inst="t18791215-name-82" type="gender" value="male"/>
<interp inst="t18791215-name-82" type="surname" value="MANNERING"/>
<interp inst="t18791215-name-82" type="given" value="CHARLES"/>CHARLES MANNERING</persName> </hi>. I am barman at the Wellington, 351, Strand—on 2nd December, about 11 p.m., I served the prisoner with a pint of beer—his friend said "I will pay for it"—the prisoner said "No, I have the money, I will pay for it," and put a florin on the counter—I felt it and found it was bad—I then put it in the tester and called the manager's attention to it, who said to the prisoner "Where did you get it?"—he said nothing, and was given in custody with the coin—this is it.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-83" type="witnessName">
<interp inst="t18791215-name-83" type="gender" value="male"/>
<interp inst="t18791215-name-83" type="surname" value="NORRIS"/>
<interp inst="t18791215-name-83" type="given" value="ARTHUR"/>ARTHUR NORRIS</persName> </hi> (
<hi rend="italic">Policeman E</hi> 269). I was called to the Wellington, and the manager gave the prisoner into my custody with this florin (
<hi rend="italic">produced</hi>)—he said nothing, but on the way to the station he said "God blind me, you have caught me at last"—I found on him five good shillings, two sixpences, and 2
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>. in copper—he refused his name and address.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-84" type="witnessName">
<interp inst="t18791215-name-84" type="gender" value="male"/>
<interp inst="t18791215-name-84" type="surname" value="WEBSTER"/>
<interp inst="t18791215-name-84" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>, These two florins are bad.</p>
<hi rend="italic">Prisoner's Defence.</hi> My wife gave me the first florin and I received the second from a gentleman in a cab, to whom I sold a newspaper—I did not know it was bad.</p>
<hi rend="smallCaps">
<rs id="t18791215-93-verdict-1" type="verdictDescription">
<interp inst="t18791215-93-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-93-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18791215-93-punishment-15" type="punishmentDescription">
<interp inst="t18791215-93-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-93-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-93-18791215 t18791215-93-punishment-15"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18791215-94">
<interp inst="t18791215-94" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-94" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-94-charge-1" targOrder="Y" targets="def1-94-18791215 t18791215-94-offence-1 t18791215-94-verdict-1"/>
<join result="criminalCharge" id="t18791215-94-charge-2" targOrder="Y" targets="def2-94-18791215 t18791215-94-offence-1 t18791215-94-verdict-1"/>
<persName id="def1-94-18791215" type="defendantName">
<interp inst="def1-94-18791215" type="gender" value="male"/>
<interp inst="def1-94-18791215" type="age" value="47"/>
<interp inst="def1-94-18791215" type="surname" value="WILSON"/>
<interp inst="def1-94-18791215" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM WILSON</hi> (47)</persName> and
<persName id="def2-94-18791215" type="defendantName">
<interp inst="def2-94-18791215" type="gender" value="male"/>
<interp inst="def2-94-18791215" type="age" value="21"/>
<interp inst="def2-94-18791215" type="surname" value="CANNON"/>
<interp inst="def2-94-18791215" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES CANNON</hi> (21)</persName>
<rs id="t18791215-94-offence-1" type="offenceDescription">
<interp inst="t18791215-94-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18791215-94-offence-1" type="offenceSubcategory" value="sodomy"/>, Unlaw
<lb/>fully attempting to commit b——.</rs> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-87" type="witnessName">
<interp inst="t18791215-name-87" type="gender" value="male"/>
<interp inst="t18791215-name-87" type="surname" value="METCALFE"/>
<interp inst="t18791215-name-87" type="given" value="AUSTIN"/>MR. AUSTIN METCALFE</persName> </hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<rs id="t18791215-94-verdict-1" type="verdictDescription">
<interp inst="t18791215-94-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-94-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18791215-94-punishment-16" type="punishmentDescription">
<interp inst="t18791215-94-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-94-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-94-18791215 t18791215-94-punishment-16"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-94-18791215 t18791215-94-punishment-16"/>Eighteen Months' Imprisonment each</rs>.</hi> </p> </div1>
<hi rend="largeCaps">FOURTH COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 16
<hi rend="italic">th</hi>, 1879.</p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18791215-95">
<interp inst="t18791215-95" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-95" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-95-charge-1" targOrder="Y" targets="def1-95-18791215 t18791215-95-offence-1 t18791215-95-verdict-1"/>
<persName id="def1-95-18791215" type="defendantName">
<interp inst="def1-95-18791215" type="gender" value="female"/>
<interp inst="def1-95-18791215" type="age" value="20"/>
<interp inst="def1-95-18791215" type="surname" value="BAKER"/>
<interp inst="def1-95-18791215" type="given" value="ELIZA"/>
<hi rend="largeCaps">ELIZA BAKER</hi> (20)</persName>
<rs id="t18791215-95-offence-1" type="offenceDescription">
<interp inst="t18791215-95-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18791215-95-offence-1" type="offenceSubcategory" value="bigamy"/>
<hi rend="smallCaps">
<rs id="t18791215-95-verdict-1" type="verdictDescription">
<interp inst="t18791215-95-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-95-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to feloniously marrying
<persName id="t18791215-name-89" type="victimName">
<interp inst="t18791215-name-89" type="gender" value="male"/>
<interp inst="t18791215-name-89" type="surname" value="SWINTON"/>
<interp inst="t18791215-name-89" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-95-offence-1 t18791215-name-89"/>John Swinton</persName> during the life of
<persName id="t18791215-name-90" type="victimName">
<interp inst="t18791215-name-90" type="gender" value="male"/>
<interp inst="t18791215-name-90" type="surname" value="BAKER"/>
<interp inst="t18791215-name-90" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-95-offence-1 t18791215-name-90"/>James Baker</persName> her husband.—</rs>
<hi rend="italic">
<rs id="t18791215-95-punishment-17" type="punishmentDescription">
<interp inst="t18791215-95-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-95-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-95-18791215 t18791215-95-punishment-17"/>One Day's Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18791215-96">
<interp inst="t18791215-96" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-96" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-96-charge-1" targOrder="Y" targets="def1-96-18791215 t18791215-96-offence-1 t18791215-96-verdict-1"/>
<xptr type="pageFacsimile" doc="187912150017"/>
<persName id="def1-96-18791215" type="defendantName">
<interp inst="def1-96-18791215" type="gender" value="male"/>
<interp inst="def1-96-18791215" type="age" value="30"/>
<interp inst="def1-96-18791215" type="surname" value="COOPER"/>
<interp inst="def1-96-18791215" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES COOPER</hi> (30)</persName>
<rs id="t18791215-96-offence-1" type="offenceDescription">
<interp inst="t18791215-96-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18791215-96-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering an order for the payment of 210
<hi rend="italic">l</hi>., with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. MEAD</hi>
<hi rend="italic">Prosecuted;</hi> and
<hi rend="smallCaps">MR. THORNE COLE</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-92" type="witnessName">
<interp inst="t18791215-name-92" type="gender" value="male"/>
<interp inst="t18791215-name-92" type="surname" value="WOODLEY"/>
<interp inst="t18791215-name-92" type="given" value="THOMAS"/>THOMAS WOODLEY</persName> </hi>. I am a horse-keeper at the Prince of Wales stables, Bishop's Road, by the Great Western Hotel—this paper (
<hi rend="italic">produced</hi>) was brought to me by somebody I cannot identify and I gave it to the foreman. (
<hi rend="italic">Read:</hi> "19th November Wednesday evening.—Please send brougham to Great Western Hotel to-morrow morning at 9.30 o'clock; shall require same about four hours. For B. Mount.")</p>
<hi rend="smallCaps">
<persName id="t18791215-name-93" type="witnessName">
<interp inst="t18791215-name-93" type="gender" value="male"/>
<interp inst="t18791215-name-93" type="surname" value="CATTERMOLE"/>
<interp inst="t18791215-name-93" type="given" value="JAMES"/>JAMES CATTERMOLE</persName> </hi>. I am a coachman in the service of Mr. Burton—on the 20th November at 9.30 o'clock I drove a brougham to the Great Western Hotel, and after some time a person came out and said "Are you the coachman come to meet a gentleman of the name of Mount?"—I said "Yes, I am"—he said "You will not be required for an hour; not till 10.30"—I said "Very good"—he gave me this note, which I kept (
<hi rend="italic">Read:</hi> "Shall not want the brougham till 10.30, etc") I drove slowly about the neighbourhood—a gentleman then said to me "Coachman, have you come from Mr. Burton?"—I said "Yes"—he said "I don't know about stopping"—I said "There has been a man there who told me not to come for am hour"—I drove about after that, and then the gentleman came to me at the corner of Eastbourne Terrace and said I had better wait a little while, and I turned round and waited—the gentleman afterwards got into the brougham with a little polished leather bag, and I drove to 12, Stanhope Terrace, Bayswater, House Agent's—the gentleman went in and came out again and gave me this bag, saying "I am engaged for about an hour; do you know Scott's Bank?"—I said "Yes"—he said "Will you take this for me and get it changed for me," and he doubled it up and put it into the little portmanteau bog—"and come back as quickly as you can?—I drove to the bank—they refused to pay it, and wrote on it" Signature differs"—Mr. Flook, the cashier, got into the brougham and went back to see Mr. Smith, and then drove back to the bank—on the 25th November I was taken to the police-station, where I saw a number of persons, and identified the prisoner as the man who spoke to me at the Great Western Hotel and gave me the note.</p>
<hi rend="italic">Cross-examined.</hi> The person who gave me the cheque was a very gentlemanly man in appearance—it was more like a porter who brought me the message—I remember your asking me at the police-court whether the person who brought me the cheque appeared to be a gentleman, and I said "Yes"—he was unlike the prisoner—I said at the police-court "I believe the prisoner is the man who gave me the note; I am almost certain it is the prisoner," and I say so now.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-94" type="witnessName">
<interp inst="t18791215-name-94" type="gender" value="male"/>
<interp inst="t18791215-name-94" type="surname" value="WOODLEY"/>
<interp inst="t18791215-name-94" type="given" value="THOMAS"/>THOMAS WOODLEY</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I went to the police-statien to identify the man who brought the order for the brougham, but I could not swear to anybody—I saw a number of persons there, and I picked out a man who I said most resembled the man who brought the order to the stables; but he was a stranger brought in from the street—it may have been him or somebody else.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-95" type="witnessName">
<interp inst="t18791215-name-95" type="gender" value="male"/>
<interp inst="t18791215-name-95" type="surname" value="FLOOR"/>
<interp inst="t18791215-name-95" type="given" value="WALTER"/>WALTER FLOOR</persName> </hi>. I am cashier at Sir Samuel Scott's Bank, No I Cavendish Square—Mr. Frederick Smith is a customer having an account there—Cattermole brought this cheque to me—I had my suspicions as te its</p>
<xptr type="pageFacsimile" doc="187912150018"/>
<p>not being Mr. Smith's signature, and compared it and found it was not—I got into the brougham and drove to Mr. Smith's to confirm my suspicions.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-96" type="witnessName">
<interp inst="t18791215-name-96" type="gender" value="male"/>
<interp inst="t18791215-name-96" type="surname" value="LEITH"/>
<interp inst="t18791215-name-96" type="given" value="WILLIAM"/>WILLIAM LEITH</persName> </hi>. I am a clerk at Sir Samuel Scott's Bank—a person, who I do not identify brought this paper to the bank—I gave him a cheque-book of 120 cheques, of which this cheque is the first.</p>
<hi rend="italic">Cross-examined.</hi> It was on Wednesday, 19th November—it was a lad to the best of my recollection.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-97" type="witnessName">
<interp inst="t18791215-name-97" type="gender" value="male"/>
<interp inst="t18791215-name-97" type="surname" value="SMITH"/>
<interp inst="t18791215-name-97" type="given" value="FREDERICK"/>FREDERICK SMITH</persName> </hi>. I keep the Stafford Hotel, Harrow Road, Paddington—this cheque is not drawn or signed by me, or with my authority, nor is this printed bill-head mine—I have an engraved plate—it properly describes my premises—I did not draw two cheques dated 20th November, one for 410
<hi rend="italic">l</hi>. and the other for 270
<hi rend="italic">l</hi>., nor were any such cheques drawn by my authority.</p>
<hi rend="italic">Cross-examined.</hi> Some one must have got that bill-head printed apart from my knowledge altogether—I said at the police-court "I do not know the prisoner; I am not sure whether I have ever seen him before."</p>
<hi rend="smallCaps">
<persName id="t18791215-name-98" type="witnessName">
<interp inst="t18791215-name-98" type="gender" value="male"/>
<interp inst="t18791215-name-98" type="surname" value="SAVILLE"/>
<interp inst="t18791215-name-98" type="given" value="SAMUEL"/>SAMUEL SAVILLE</persName> </hi>. I live at 7, Metley Street, Paddington—I took the prisoner up in a cab about the 24th November, I think about I o'clock, and drove him about till 3 o'clock—he was in liquor—he had a black bag with him—I put him down in the Harrow Road—he fell down—I saw the bag open, and I saw inside it another little bag and some papers.</p>
<hi rend="italic">Cross-examined.</hi> We only went to one public-house, a beershop, and stopped there about a quarter of an hour—he had had a drop when I saw him at 1 o'clock, and when I left him at 3 o'clock he was very drunk—he told me to pull up—he was taken into custody about the same place that I put him down.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-99" type="witnessName">
<interp inst="t18791215-name-99" type="gender" value="male"/>
<interp inst="t18791215-name-99" type="surname" value="PINCOMBE"/>
<interp inst="t18791215-name-99" type="given" value="JAMES"/>JAMES PINCOMBE</persName> </hi> (
<hi rend="italic">Policeman X R</hi> 11). I saw the prisoner drunk in Frankfort Terrace, Harrow Road, on the afternoon of the 20th November—a policeman was holding him up, and said the black bag belonged to the prisoner—I took him to the station, where I found in the bag three cheques amongst other things; the first on Sir Samuel Scott's Bank for 410
<hi rend="italic">l</hi>., pur
<lb/>porting to be signed by Frederick Smith; the second on the same Dank, and signed the same, for 270
<hi rend="italic">l</hi>.; and the third on the Royal Bank of Ireland for 270
<hi rend="italic">l</hi>., purporting to be signed by James Mudie, and other articles which are immaterial—I took the prisoner to the Marylebone Police-court the next day, and he was fined 5
<hi rend="italic">s</hi>.—at the police-court I said to him "It is very lucky for you that you were locked up, or these cheques might have been in the pos
<lb/>session of another, and presented at the bank and cashed"—he said no, it was all right, as he could have stopped the cheques at the bank—he said one. was for 270
<hi rend="italic">l</hi>.—I don't remember that he said what the others were for—the bag was handed to him by the inspector—on the 25th November I saw the prisoner in High Street, Notting Hill, with another man—he got in front of the other man, who was taller than himself and bigger, and so continued till he got to Ladbroke Terrace, and then they separated, and finding he was followed he ran into Ladbroke Road, and I ran after him and told him I should take him into custody for forging a cheque on Sir Samuel Soott's Bank—he said "I don't know what you mean"—I repeated the charge and took him to the police-station—when in the cab I saw him trying to destroy this counterfeit bank-note (
<hi rend="italic">produced</hi>).</p>
<hi rend="italic">Cross-examined.</hi> It was about 3.30 p.m. when I took the prisoner into custody—there were some people about—he was very drunk, covered with</p>
<xptr type="pageFacsimile" doc="187912150019"/>
<p>mud, and hod been apparently falling about in the road—it was on the following Tuesday, the 25th, that I took him into custody again and charged him with this offence—I took him in the same division, but not the same sub-division.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-100" type="witnessName">
<interp inst="t18791215-name-100" type="gender" value="male"/>
<interp inst="t18791215-name-100" type="surname" value="HIGGINS"/>
<interp inst="t18791215-name-100" type="given" value="WILLIAM"/>WILLIAM HIGGINS</persName> </hi>, I was in charge of the police-station when the prisoner was brought there on a charge of drunkenness—the constable bringing him in took a black leather bug from him containing writing materials damaged by ink, a bottle of ink, a small box of pens, and the three cheques, and a black bag, locked—I said "How do you account for this?"—he said "I have been dealing"—I said "What in?"—he said "I ama horse-dealer."</p>
<hi rend="smallCaps">
<persName id="t18791215-name-101" type="witnessName">
<interp inst="t18791215-name-101" type="gender" value="male"/>
<interp inst="t18791215-name-101" type="surname" value="REILLY"/>
<interp inst="t18791215-name-101" type="given" value="JAMES"/>JAMES REILLY</persName> </hi> (
<hi rend="italic">Police Inspector X</hi>). I was on duty at the Harrow Road Police-station on the 21st November, and gave the prisoner his black bag about 6 o'clock—when I took it to the cell I said "Is this your beg?"—he said "Yes"—I said "How many cheques have you got?"—he said "Three"—I said "What are the amounts?"—he said "One for 410
<hi rend="italic">l</hi>., and two for 270
<hi rend="italic">l</hi>. each"—I then handed him the three cheques pinned together, and he signed the property book and took them.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-102" type="witnessName">
<interp inst="t18791215-name-102" type="gender" value="male"/>
<interp inst="t18791215-name-102" type="surname" value="KING"/>
<interp inst="t18791215-name-102" type="given" value="GEORGE"/>GEORGE KING</persName> </hi> (
<hi rend="italic">Police Inspector D</hi>) I saw Cattermole identify the prisoner among six others—he picked out some other man and said that was like him.</p>
<hi rend="italic">The Prisoner's Statement before the Magistrate.</hi> "I don't know any
<lb/>thing about the black bag, how it came into my possession. I was very drunk—I had been drinking with a gentleman; I don't know whether he gave it to me, or how I came in possession of it The next morning after I left this Court I met the gentleman. He said 'That is my bag,' and I gave it up to him with the contents in it. He told me he did not know how I came possessed of the bag. He gave me 1
<hi rend="italic">l</hi>. for taking care of it for him. He said he was very sorry I had been locked up for drinking with him. He is about the same sort of man as myself."</p>
<hi rend="smallCaps">
<persName id="t18791215-name-103" type="witnessName">
<interp inst="t18791215-name-103" type="gender" value="male"/>
<interp inst="t18791215-name-103" type="surname" value="HIGGINS"/>
<interp inst="t18791215-name-103" type="given" value="WILLIAM"/>WILLIAM HIGGINS</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I made the entries in the book of the contents of the bag—I was present when it was brought in, at about a quarter to 4—it was then examined by me and locked up in a cupboard and produced before the Magistrate the next morning—my conversation with the prisoner was when he was drunk.</p>
<hi rend="smallCaps">
<rs id="t18791215-96-verdict-1" type="verdictDescription">
<interp inst="t18791215-96-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18791215-96-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18791215-97">
<interp inst="t18791215-97" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-97" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-97-charge-1" targOrder="Y" targets="def1-97-18791215 t18791215-97-offence-1 t18791215-97-verdict-1"/>
<join result="criminalCharge" id="t18791215-97-charge-2" targOrder="Y" targets="def2-97-18791215 t18791215-97-offence-1 t18791215-97-verdict-1"/>
<persName id="def1-97-18791215" type="defendantName">
<interp inst="def1-97-18791215" type="gender" value="female"/>
<interp inst="def1-97-18791215" type="age" value="26"/>
<interp inst="def1-97-18791215" type="surname" value="WIGG"/>
<interp inst="def1-97-18791215" type="given" value="ELLEN"/>
<hi rend="largeCaps">ELLEN WIGG</hi> (26)</persName> and
<persName id="def2-97-18791215" type="defendantName">
<interp inst="def2-97-18791215" type="gender" value="female"/>
<interp inst="def2-97-18791215" type="age" value="21"/>
<interp inst="def2-97-18791215" type="surname" value="WILLIAMS"/>
<interp inst="def2-97-18791215" type="given" value="IDA"/>
<hi rend="largeCaps">IDA WILLIAMS</hi> (21)</persName>
<rs id="t18791215-97-offence-1" type="offenceDescription">
<interp inst="t18791215-97-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18791215-97-offence-1" type="offenceSubcategory" value="concealingABirth"/>, Unlawfully en
<lb/>deavouring to conceal the birth of a certain female child, of which
<persName id="t18791215-name-106">
<interp inst="t18791215-name-106" type="gender" value="female"/>
<interp inst="t18791215-name-106" type="surname" value="WILLIAMS"/>
<interp inst="t18791215-name-106" type="given" value="ELLEN"/>Ellen Williams</persName> had been delivered.</rs> </p>
<hi rend="smallCaps">MR. POYNTER</hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<rs id="t18791215-97-verdict-1" type="verdictDescription">
<interp inst="t18791215-97-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-97-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18791215-97-punishment-18" type="punishmentDescription">
<interp inst="t18791215-97-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-97-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-97-18791215 t18791215-97-punishment-18"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-97-18791215 t18791215-97-punishment-18"/>One Week's Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 17
<hi rend="italic">th</hi>, 1879.</p>
<hi rend="italic">Before Baron Pollock.</hi> </p>
<div1 type="trialAccount" id="t18791215-98">
<interp inst="t18791215-98" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-98" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-98-charge-1" targOrder="Y" targets="def1-98-18791215 t18791215-98-offence-1 t18791215-98-verdict-1"/>
<persName id="def1-98-18791215" type="defendantName">
<interp inst="def1-98-18791215" type="gender" value="male"/>
<interp inst="def1-98-18791215" type="age" value="37"/>
<interp inst="def1-98-18791215" type="surname" value="FROGGATT"/>
<interp inst="def1-98-18791215" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD FROGGATT</hi> (37)</persName>
<rs id="t18791215-98-offence-1" type="offenceDescription">
<interp inst="t18791215-98-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18791215-98-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully converting to his own use and benefit certain moneys of which he was trustee.</rs> </p>
<hi rend="smallCaps">MESSRS. POLAND</hi> and
<hi rend="smallCaps">MONTAGU WILLIAMS</hi>
<hi rend="italic">Prosecuted;</hi> and
<hi rend="smallCaps">MR. WARNER SLEIGH</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-108" type="witnessName">
<interp inst="t18791215-name-108" type="gender" value="male"/>
<interp inst="t18791215-name-108" type="surname" value="THOMAS"/>
<interp inst="t18791215-name-108" type="given" value="BARNARD"/>BARNARD THOMAS</persName> </hi>. I am a solicitor and one of the assistants in the Solicitor's Department of the Treasury—on 25th October I served on the prisoner in Newgate a notice of which this is a copy, to produce a trust deed</p>
<xptr type="pageFacsimile" doc="187912150020"/>
<p>dated 29th May, 1871, between Henry James Fitzroy of the first part, Kate. Walsh Smith of the second part, and Edward Froggatt and Alfred Meare of the third part—that deed was subsequently produced by the defendant's solicitor in my presence at the inquiry at Guildhall Police-court; this is it (
<hi rend="italic">produced</hi>)—I produce a certificate of the registration of the death of Alfred Hears, at Worcester, on 23rd February, 1877, also an office copy of the order of the High Court of Justice, sanctioning this prosecution, dated Wednesday, 24th September, 1879, and a fiat of the Attorney-General, signed by him, dated 29th September, 1879.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-109" type="witnessName">
<interp inst="t18791215-name-109" type="gender" value="female"/>
<interp inst="t18791215-name-109" type="surname" value="FITZROY"/>
<interp inst="t18791215-name-109" type="given" value="KATE WALSH"/>KATE WALSH FITZROY</persName> </hi>. I am the wife of Henry James Fitzroy—I was married to him at the parish church of St. Michael, at Worcester, on 29th May, 1878—at that time I was a widow and my name was Kate Walsh Smith—Henry James Fitzroy was the eldest son of Lord Charles Fitzroy—before my marriage I knew Mr. Froggatt as a solicitor practising in Argyll Street, Regent Street, and in preparing a deed of settlement he acted as solicitor for my husband; I had no separate solicitor acting for me—this is my signature to this deed, and this "Henry Fitzroy" is my husband's—the others are the signatures of Mr. Froggatt and Mr. Meare, the trustees—that deed was signed at Worcester on the morning of my marriage by those different parties—I had not known Mr. Mears before, he was quite a stranger to me and to my husband; Mr. Froggatt introduced him to me at Worcester; he lived there—Mr. Froggatt was present at my marriage, and after the ceremony he took possession of the deed—I lived with my husband till 9th May, 1875—up to that time the dividends were paid from time to time into my husband's account at Drummond's bank—in December, 1875, I received this letter from the defendant; it is his writing. (
<hi rend="italic">Read:</hi> "7th December, 1875. 6, Argyll Street, Regent Street Dear Mrs. Fitzroy,—I send you by book-post copy of your settlement. Mr. Webber called here yesterday and would not make the affidavit without he was paid a guinea. I went to him this morning; he has gone to Brighton, and will not be back till to-night. I will see him, pay him the guinea, and get his affidavit.") I also received this letter, dated 4th January, 1876; it is the defendant's writing. (
<hi rend="italic">This stated that he had sent her settlement to be copied and would send copy to-morrow, and that he would pay in to her credit at the Bank of England dividends amounting</hi> to 160
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.) This letter of 5th July, 1876, is also in the defendant's writing. (
<hi rend="italic">This stated that he had paid in the dividends.</hi>) This is the copy of the deed, which I received with the letter of 7th December, 1875—after my husband left me in May, 1875, I opened an account in my own name, at the Western Branch of the Bank, of England—being a married woman, they would not take the account as my own, and it was headed in the name of Mr. Webber, a friend of mine, a wine merchant, and the dividends were duly paid in by the defendant to that account—after my husband left me I had obtained a protection order, to protect property which I was separately entitled to—from that time until 1877 I did not know that the trust had been interfered with by anybody; I thought I was receiving my dividends from the proper funds—at the latter part of 1877 it came to my knowledge that the defendant was being prose
<lb/>cuted; I then consulted another solicitor, Mr. Yorke—I subsequently saw Mr. Froggatt at a restaurant on Ludgate Hill—at that time he was on bail on the charge of the turf frauds—I met him at his request, that was in writing; I have not got the letter—I asked him what was he going to do</p>
<xptr type="pageFacsimile" doc="187912150021"/>
<p>about my money—he said it would be all right, as he would not be convicted, I need not be at all alarmed; I was to see him next day after the trial would be finished—at that time I believed that my property was safe in the hands of trustees—during the proceedings it was brought to my knowledge that the whole of my trust property had been disposed of—I do not know what has become of it—I never sanctioned in any way the dealing with the property by the trustees.</p>
<hi rend="italic">Cross-examined.</hi> I don't think my husband is in England—he left me in 1875—I did not take' out a protection order to prevent him dealing with the moneys in question; it was for my furniture—I believe Mr. Fitzroy is related to the Duke of Grafton—the signature to this letter (
<hi rend="italic">produced</hi>) is in his hand
<lb/>writing—I have seen Mr. Farrer, the solicitor, once, but have not had any correspondence with him; Mr. Froggatt has—I had only a life interest in this estate—the marriage settlements were read the night before in my presence, but not to me—I did not know the contents; they were read over by Mr. Fitzroy in my presence, but he did not read it aloud, just read it over, glanced through it—I did not know what was in it—I believe the sum of 1,000
<hi rend="italic">l</hi>. was inserted for Mr. Froggatt's expenses—I did not hear a clause in the deed read out to that effect—I knew that Mr. Mears, the co-trustee, was connected with the police-court at Worcester as a clerk, I believe—Mr. Froggatt told me that Mr. Farrer had bought the reversion of this fund; Mr. Farrer did not tell me so—Mr. Webber is a wine merchant, of Savile Row—he heard that the reversion was bought; he did not tell me so—I have not seen my husband here to-day—he has corresponded with Messrs. Farrer, Ouvry, and Co. in reference to myself, but I have not—I do not know the signature to the letter produced—I do not know a person, of the name of Benjamin, nor was I aware that my husband was in very great difficulties until the first year of our marriage—it was then that Mr. Froggatt managed his monetary affairs—I did not know that some of the stock was sold out and not reinvested—I have read this letter (
<hi rend="italic">blue paper</hi>); it is in Mr. Fitzroy's handwriting—I did not know that Mr. Fitzroy autho
<lb/>rised Mr. Froggatt to sell out—Mr. Yorke is my solicitor at present—I have not said that I wished to prosecute my husband for misappropriating these moneys—I do not know that my husband has attempted to upset our marriage on the ground that I have a husband living; I never heard it from Mr. Fitzroy or anybody—I saw my solicitor, Mr. Yorke, in August last about this case, and commenced a Chancery suit for the recovery of this trust money—I do not know that Mr. Yorke has done things without my sanction, nor do I know that he has applied to the Court of Chancery to distribute this trust money. (
<hi rend="italic">The statement of claim was here put in.</hi>) I don't remember the date exactly that the defendant came out of prison; it was after the writ was issued, and he was thereupon arrested—I told Mr. Yorke to take proceedings against him, and I left it entirely in his hands—I have never heard of such a thing as a "Ne-exeat"—I brought a Chancery suit, and obtained a decree—as far as I know, interrogatories were not administered to Mr. Froggatt—the dividends were paid to me in July and January—I believe the writ was issued after I found that the dividend was not paid in to my account in January, 1878—I do not know that Mr. Farrer bought the reversion in the year 1873—I never knew that the defendant was dealing with this trust fund under my husband's direction; I never heard of it—this letter (
<hi rend="italic">produced</hi>) is my husband's handwriting—I think he</p>
<xptr type="pageFacsimile" doc="187912150022"/>
<p>appealed to his ancle to settle his pecuniary difficulties, not to Mr. Froggatt—Mr. Froggatt transacted his affairs, and I know nothing more about it—I believe Mr. Mears is dead—I only met Mr. Mears once or twice with Mr. Froggatt—I did not know him at all, only through Mr. Froggatt—my husband agreed to settle upon me the whole of the money he was entitled to; it was settled upon me, the whole of it—I have seen Lord Charles Fitzroy—I mean to say that I believe that the whole of the money my husband was entitled to was settled upon me—I never heard that there was 4,000
<hi rend="italic">l</hi>. standing in the name of Lord Charles Fitzroy, to which my husband was entitled; if it is a fact, I have been kept in the dark by Mr. Froggatt—the date of my marriage with Mr. Fitzroy was 29th May, 1871—I cannot at this moment remember exactly the date of my marriage with Mr. Smith, my first husband—I suppose it was in 1863; I really can't remember the date—Mr. Froggatt found out that he was dead; he was supposed to be drowned in the London, going out to America—I have not searched the names of the passengers who were drowned in the London—my husbands name was George Manley Smith—I had a letter sent me telling me that he was dead, written by some of his relations at Birmingham; I don't know the name; it was signed "Smith"—I don't remember what year it was that he was supposed to be drowned in the London—I was sued by a Madame Ox, of Piccadilly, a long time ago; I don't know the year exactly; I believe it was after my husband was supposed to have gone down in the London, but I really don't know, I don't remember—I think I recollect what the pleas were that were put on the record on that occasion—I did not plead that at the time she sued me I was a married woman; I swear I did not—I don't think I did—it was at the Westminster County Court, I think—I went into the witness-box and I was cross-examined about the goods that Madame Ox sold me—Mr. Roberts acted as solicitor for me, I believe—I don't remember swearing that I was a married woman; I don't think I did; I don't remember it—if I did, I had not heard that my husband was drowned at the time—I don't remember the date that the London went down; I think it was about 1866—I don't think the action by Madame Ox was in 1869; I don't remember the time exactly; I don't remember that it was three years after the London went down—I did not swear at the Westminster County Court that I had seen my husband three or four days before—I did not say anything about it—I don't remember swearing anything about it, and I don't think I did—I never swore that he was alive, nothing of the kind—I made another defence to the action, that it was for immoral purposes, that Madame Ox supplied the dresses, for the purposes of prostitution—I swear that I did not say I had seen my husband—Mr. Fitzroy was not trying to dissolve our marriage because I was married at the time he married me—he was not seeking to obtain evidence of the fact that my husband was alive and seen in the neighbourhood of Holborn in the year 1875; I am sure he did not, not to my knowledge—I say it is not the fact—I do not know that my husband was dealing with this trust fund through the instrumentality of Mr. Froggatt, because he did not believe he was lawfully married to me; I don't think he ever did; I am sure he never did—(
<hi rend="italic">looking at a letter</hi>) I read this a minute ago—I do not know Mr. Farrer's writing—I know that my husband was served with a debtor's summons in the Bankruptcy Court—I have not seen Mr. Farrer since my husband left me—I have not subpœnaed him, or asked him to come</p>
<xptr type="pageFacsimile" doc="187912150023"/>
<p>here as a witness on my behalf—Mr. Webber only heard that Mr. Farrer had bought Mr. Fitzroy's reversion for 1,200
<hi rend="italic">l</hi>.—I know nothing about it—Mr. Webber did not tell me so, he only said he heard it was bought—I did. not know that 4,000
<hi rend="italic">l</hi>. out of the fund had been sold out, I never knew there was a penny sold out, I knew nothing about it—I do not now know that Mr. Farrer bought the reversion when 4,000
<hi rend="italic">l</hi>. had been sold out through the instrumentality of Mr. Froggatt; I knew nothing at all about the money, I don't know even now; I don't know anything about the money, where it went—I had a life interest in it—I don't know that Mr. Fitzroy promised to pay Mr. Froggatt very liberally for the trouble he had taken in managing his affairs; I don't remember that; he may have said it, but not to my knowledge—I heard that Mr. Froggatt was paid, I don't know how much, but Mr. Fitzroy always made me believe that he had paid hint all his expenses—(
<hi rend="italic">letter produced</hi>)—Mr. Fitzroy was not continually obtaining money from Mr. Froggatt; that letter refers to when Mr. Froggatt did not pay in Mr. Fitzroy's dividend, and he wrote to Mr. Farrer to say that they had not been paid in; that is what that letter refers to—the dividends were paid in to Mr. Fitzroy's bank at that time—I received from Mr. Yorke a notice of motion in the Chancery suit that I instituted against Mr. Froggatt, requesting that interrogatories might be put to him (
<hi rend="italic">Froggatt</hi>) for the purpose of discover
<lb/>ing how and why he disposed of this fund—by the advice of Mr. Yorke I did not go on with the Chancery suit—Mr. Yorke told me that he bad not the money to repay me, he said I should have to prosecute him, that I could not get the money unless I resorted to criminal proceedings.</p>
<hi rend="italic">Re-examined.</hi> I have never received any of the money—I have never seen Mr. Fitzroy since he left me—he has not contributed to my support, nor do I know" where he is—I believe he is not in this country—in 1873 there were proceedings against him in Bankruptcy—Messrs. Farrer, Ouvry, and Farrer, are solicitors to the Duke of Grafton's and to Lord Fitzroy's family—I was led to believe by Mr. Webber that the reversion was purchased at the time of the bankruptcy proceedings—I have never heard of my first husband since the London went down—the action that was brought against me was by Madame Ox, a milliner—on that occasion I was represented by a solicitor and counsel—Mr. Roberts was my solicitor, and Mr. Besley my counsel—I left the conduct of the case entirely in the hands of my solicitor, and he put what answer he thought fit—I also resisted the claim on the score of its being very exorbitant—after I last saw Mr. Smith I was left entirely on my own resources up to the time I married Mr. Fitzroy—Mr. Froggatt did not act for me as my solicitor before my marriage—I acquainted Mr. Froggatt with everything concerning my former husband, and gave him the letters and papers—before my marriage to Mr. Fitzroy I gave directions to Mr. Froggatt to make certain inquiries—since November, when I first became acquainted with Mr. Yorke, I placed the matter entirely in his hands to manage for me.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-110" type="witnessName">
<interp inst="t18791215-name-110" type="gender" value="male"/>
<interp inst="t18791215-name-110" type="surname" value="GUNNELL"/>
<interp inst="t18791215-name-110" type="given" value="JOHN BURGESS"/>JOHN BURGESS GUNNELL</persName> </hi>. I am a clerk in the service of the East Indian Railway Company—in May, 1871, there was standing in the name of Lord Augustus Charles Lennox Fitzroy, 3,920
<hi rend="italic">l</hi>. Consolidated Stock, at 5 per cent, guaranteed by the Indian Government—that was transferred by a deed, now in Court, to Edward Froggatt and Alfred Mean, dated 18th August, 1871—the actual registration of transfer was on 28th September, 1871—the deed was signed by Mr. Froggatt and Mr. Meare, accepting the stock—420
<hi rend="italic">l</hi>. of that stock was transferred by deed, dated 28th October, 1871, in two sums</p>
<xptr type="pageFacsimile" doc="187912150024"/>
<p>of 380
<hi rend="italic">l</hi>. and 40
<hi rend="italic">l</hi>. registered on 23rd November, 1871; that deed was also signed by Froggatt and Mears—by deed of 27th March, 400
<hi rend="italic">l</hi>. of the stock was transferred in the same way, registered on 23rd April—the next transfer was of 100
<hi rend="italic">l</hi>. by deed of 1st July, 1874, in the same way, and signed by the same, 300
<hi rend="italic">l</hi>. by deed of 15th December, 1874, by two transfers, 300
<hi rend="italic">l</hi>. of the same stock by deed of 12th March, 1875, 200
<hi rend="italic">l</hi>. by deed of 16th June, 1875, 200
<hi rend="italic">l</hi>. on 11th November, 1875, 200
<hi rend="italic">l</hi>. on 29th December, 1875,300
<hi rend="italic">l</hi>. on 29th March, 1876, 100
<hi rend="italic">l</hi>. on 15th June, 1876, and 500
<hi rend="italic">l</hi>. on 17th November, 1876—after that date 300
<hi rend="italic">l</hi>. was transferred by deed on 15th June, 1877; that deed was signed by Edward Froggatt alone—previous to that date we had information of the death of Alfred Mears—on 15th June 1,500
<hi rend="italic">l</hi>. of that stock was transferred on the signature of Froggatt alone; on 27th August, 1877, 100
<hi rend="italic">l</hi>., and on 28th September, 1877, the remaining 500
<hi rend="italic">l</hi>., making altogether the 3,920
<hi rend="italic">l</hi>.—the stock was at various times at a premium—I hare given the amount of the stock in our books—these transfers are usually carried through by the stockbrokers—all the transferrs I have referred to are in Court.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-111" type="witnessName">
<interp inst="t18791215-name-111" type="gender" value="female"/>
<interp inst="t18791215-name-111" type="surname" value="SOARES"/>
<interp inst="t18791215-name-111" type="given" value="FRANK LITTLETON"/>FRANK LITTLETON SOARES</persName> </hi>. I am registrar of the Great Indian Peninsular Rail way Company—in May, 1871, there was standing in our books, in the name of Lord Augustus Charles Lennox Fitzroy, 4,140
<hi rend="italic">l</hi>. of the Great Indian Peninsular Railway Company's 5 per cent Capital Stock guaranteed by the Indian Government—I have a deed of transfer of September, 1871, from Lord Charles Fitzroy to Edward Froggatt and Alfred Mears; it purports to bear their signatures, accepting the stock—I produce a deed of transfer dated 28th October, 1871, purporting to be signed by Froggatt and Mears, trans
<lb/>ferring 790
<hi rend="italic">l</hi>. of that stock, and on 14th September, 1872, five deeds for 750
<hi rend="italic">l</hi>., 1,800
<hi rend="italic">l</hi>., 100
<hi rend="italic">l</hi>., 200
<hi rend="italic">l</hi>., and 400
<hi rend="italic">l</hi>., making 3,350
<hi rend="italic">l</hi>., also purporting to be signed by Froggatt and Mears.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-112" type="witnessName">
<interp inst="t18791215-name-112" type="gender" value="male"/>
<interp inst="t18791215-name-112" type="surname" value="COOK"/>
<interp inst="t18791215-name-112" type="given" value="JOHN"/>JOHN COOK</persName> </hi>. I was valet to Lord Augustus Charles Lennox Fitzroy—the signatures to these two deeds of transfer of 18th May, 1871, and 24th August, 1871, are his; I attested them.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-113" type="witnessName">
<interp inst="t18791215-name-113" type="gender" value="male"/>
<interp inst="t18791215-name-113" type="surname" value="CLARKE"/>
<interp inst="t18791215-name-113" type="given" value="FREDERICK"/>FREDERICK CLARKE</persName> </hi>. I am a member of the firm of Sparkes and Co., stockbrokers, of 2, Royal Exchange Buildings—in 1871 I knew the prisoner as a solicitor in Argyll Street—he employed us to sell stock of the Great Indian Peninsular Railway and the East Indian Railway, and we carriel through the various transfers for him—we prepared them in the ordinary way, and he signed them—I did not see his co-trustee, Alfred Mears—Mr. Froggatt took charge of them personally, or they were sent to him by post, and he obtained the signatures of Mears up to the time of Mears's deaths—the first transaction that our firm did for Mr. Froggatt was in selling the! 790
<hi rend="italic">l</hi>. Great Indian Peninsular and 420
<hi rend="italic">l</hi>. East Indian on 18th October, 1871—those two realised 1,297
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>., after deducting our expenses—I handed him our cheque on the Bank of England for that amount; it must have been sent to him by post or given to him personally—I knew no one eke in the transaction—this deed for the 790
<hi rend="italic">l</hi>. purports to be signed by Froggatt and Mears—I know Froggatt's writing, and to the best of my belief this is his, and that of Alfred Mears is the same signature that I acted upon all through as the signature of the other trustee—this other is for 380
<hi rend="italic">l</hi>., and purports to be signed in a similar way—it may be that the amount of 420
<hi rend="italic">l</hi>. was transferred in two transfers—this other is for 40
<hi rend="italic">l</hi>.; it is dated 28th October, 1871—this is the transfer signed by Froggatt and Mears—the</p>
<xptr type="pageFacsimile" doc="187912150025"/>
<p>cheque for 1,297
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. passed through our bankers in the ordinary way—we do not keep our cheques over seven years, but I produce the bankers' book—I can't remember whether it was a crossed cheque or not—on 7th September, 1872, I sold for Mr. Froggatt 3,350
<hi rend="italic">l</hi>. Great Indian Peninsular Rail way Stock—the deed is dated 14th September—it was in five transfers—I drew a cheque for 3,591
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., which I delivered to him in person—it was made payable to cash at his request; that would enable it to be paid over the counter—the transfers all appear to be signed "Edward Froggatt" and "Alfred Mears"—on 27ih March, 1874, we sold 400
<hi rend="italic">l</hi>. East Indian Stock for Mr. Froggatt—that was made up of two transfers of 350
<hi rend="italic">l</hi>. and 50
<hi rend="italic">l</hi>.—we gave him in payment this cheque for 436
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>., after deducting our expenses—the stock was at a premium—I see I witnessed the signature to these transfers—in June, 1874, we sold for him 100
<hi rend="italic">l</hi>. East Indian, and gave in payment this cheque for 115
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>.—both this and the previous cheque were crossed "London and South-Western Bank"—that transfer was witnessed by me—the cheque is endorsed by Froggatt, and is made payable to his order, and was sent to him by post—the next we sold was on 4th November, 1876, 500
<hi rend="italic">l</hi>. East Indian; that was in one transfer, dated 17th November, 1876, and realised 588
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—this is the cheque I gave in payment—the crossing is struck out and "Pay cash "is put; that enables me to say that I gave it to the defendant myself—it has been returned paid—that transfer was signed by Froggatt and Mears—on 5th June, 1877, I sold for him 300
<hi rend="italic">l</hi>. East Indian, which realised 362
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., less the dividend, which was at that time due; this is my cheque, with the crossing struck out, and made "Pay cash;" that was done at the request of the defendant—this transfer of 15th June, 1877, is one of the transfers; it is for 200
<hi rend="italic">l</hi>.; the other is for 201
<hi rend="italic">l</hi>.—that transfer is only signed by Froggatt—we had then been informed of Mears's death, and that proof had been given to the company—on 27th August, 1877, we sold 100
<hi rend="italic">l</hi>. East Indian stock, realising 129
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; this is the transfer—I gave this cheque to Mr. Froggatt in the same way, altered to "Pay cash;" this deed of transfer is signed by Froggatt alone—on 27th September we sold 500
<hi rend="italic">l</hi>. East Indian stock, realising 655
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>.; this is the cheque I gave him in payment—at that time we knew that he was under charge at Bow Street—in consequence of that I made this cheque payable to his order, and it was endorsed by him in my presence at my request—I had thought it right to inquire whether there was any distringas on the stock, and finding there was not we had to carry it through in the ordinary way—that deed is signed by Mr. Froggatt—an open cheque was given at his request.</p>
<hi rend="italic">Cross-examined.</hi> We sent to the company to know whether there was any distringas on the stock, and there was none.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-114" type="witnessName">
<interp inst="t18791215-name-114" type="gender" value="male"/>
<interp inst="t18791215-name-114" type="surname" value="TROD"/>
<interp inst="t18791215-name-114" type="given" value="THOMAS WILLIAM"/>THOMAS WILLIAM TROD</persName> </hi>. I am clerk to Messrs. Phillips, Ellison, and Co., stockbrokers, 39, Throgmorton Street—the prisoner employed us to sell and transfer some stock for him—on 15th December, 1874, we sold for him 300
<hi rend="italic">l</hi>. of the East Indian Railway Stock in two transfers, one of 200
<hi rend="italic">l</hi>. and one of 100
<hi rend="italic">l</hi>.; they realised 342
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>.—I gave him a cheque for that amount; it was either sent to him by post or given personally—the transfer was carried through in the ordinary way—he always got the signature of his co-trustee, Mears—I never saw Mears; Mr. Froggatt arranged it—these two transfers are signed by Froggatt and Mears, and witnessed by one of our clerks—I know Mr. Froggatt's writing; I witnessed some of his signatures</p>
<xptr type="pageFacsimile" doc="187912150026"/>
<p>—to the best of my belief this is his writing—on 9th March, 1875, we sold him 300
<hi rend="italic">l</hi>. of the East Indian stock, which realised 349
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.; the transfer dated 12th March, 1875—this is Mr. Froggatt's signature—I gave him cheque for 349
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. on our bankers, the Imperial Bank—on 5th June sold 200
<hi rend="italic">l</hi>. of stock for 234
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>., for which we gave him our cheque—these are the signatures of Froggatt and Mears—on 15th December, 1875 we sold 200
<hi rend="italic">l</hi>. stock, which realised 230
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>.t for which we gave our cheque—the deed of transfer is dated 27th December, 1875, and is signed by Froggatt and Mears—on 15th March we sold 300
<hi rend="italic">l</hi>. stock, realising 347
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>.—I attested Mr. Froggatt's signature to that deed—I gave him our cheque in the ordinary way—on 8th June, 1876, I also witnessed hi signature to the transfer of 116
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>., dated 15th June.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-115" type="witnessName">
<interp inst="t18791215-name-115" type="gender" value="male"/>
<interp inst="t18791215-name-115" type="surname" value="LESLIE"/>
<interp inst="t18791215-name-115" type="given" value="HENRY MICHAEL"/>HENRY MICHAEL LESLIE</persName> </hi>. I am manager of the London and South Western Bank, Regent Street—the prisoner opened an account with us a the end of 1874, or the beginning of 1875—a cheque, dated 30th March 1874, for 466
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. was paid in to his account—on 6th July, 1874, a cheque for 115
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>., and another for 83
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.—these are the paying in slip bearing the prisoner's signature, and the ledger containing his account.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-116" type="witnessName">
<interp inst="t18791215-name-116" type="gender" value="male"/>
<interp inst="t18791215-name-116" type="surname" value="PRICE"/>
<interp inst="t18791215-name-116" type="given" value="THOMAS WILLIAM HENRY"/>THOMAS WILLIAM HENRY PRICE</persName> </hi>. I am a clerk in the Western Branch of the Union Bank, Argyll Place—the prisoner opened an account there—on 16th March, 1875, by paying in a cheque for 349
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. of Ellison's on the Imperial Bank—the account was closed on the 27th December, 1876—the following cheques were carried to the prisoner's credit, one on 21st June, 1875, for 234
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>., of Phillips, Ellison, and Co., on the Imperial Bank—on 16th November one for 236
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. of Ellison and Co.—on 3rd January, 1876, one for 230
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>., of Ellison's—on 3rd April, one for 347
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>. of Phillips and Co., and on 30th June, 116
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. of Ellison's.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-117" type="witnessName">
<interp inst="t18791215-name-117" type="gender" value="male"/>
<interp inst="t18791215-name-117" type="surname" value="WALLTREE"/>
<interp inst="t18791215-name-117" type="given" value="CHARLES"/>CHARLES WALLTREE</persName> </hi>. I am one of the paying cashiers in the private drawing-office of the Bank of England—on Friday, 15th June, 1877, I paid over the counter a cheque for 362
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., drawn by Sparkes and Clarke—I gave for it twelve 51. notes and three 100
<hi rend="italic">l</hi>. notes, Nos. 48979-80 and 48981, dated 13th February, 1877—on 17th November, 1876, a cheque of 588
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. was paid by Mr. Plummer, who has left the service.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-118" type="witnessName">
<interp inst="t18791215-name-118" type="gender" value="indeterminate"/>
<interp inst="t18791215-name-118" type="surname" value="BAYNES"/>
<interp inst="t18791215-name-118" type="given" value="LISTER"/>LISTER BAYNES</persName> </hi>. I am a paying cashier at the Bank of England—on 27th August, 1877, I cashed this cheque for 129
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. over the counter, and the amount was debited to Sparkes and Clarke's account.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-119" type="witnessName">
<interp inst="t18791215-name-119" type="gender" value="male"/>
<interp inst="t18791215-name-119" type="surname" value="KEENE"/>
<interp inst="t18791215-name-119" type="given" value="JOHN ELDON"/>JOHN ELDON KEENE</persName> </hi>. I am a paying cashier at the Bank of England—on 28th September, 1877, I cashed this cheque for 655
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>., and the amount was debited to Sparkes and Clarke's account—I gave for it five 10
<hi rend="italic">l</hi>. notes and six 100
<hi rend="italic">l</hi>. notes, Nos. 20299, 20300, and 50963 to 50966.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-120" type="witnessName">
<interp inst="t18791215-name-120" type="gender" value="male"/>
<interp inst="t18791215-name-120" type="surname" value="WILLIAMS"/>
<interp inst="t18791215-name-120" type="given" value="CHARLES JOHN"/>CHARLES JOHN WILLIAMS</persName> </hi>. I am a clerk in the accountant's office of the Bank of England—I produce the following 100
<hi rend="italic">l</hi>. notes, No. 20299 paid in on 6th November, 1877, endorsed "E. Donald, 170, Tulse Hill;" No. 20300 paid in on 20th October, 1877, endorsed "Edward Froggatt,6, Argyll Street;" No. 50963 paid in on 23rd November, 1877, endorsed "Elizabeth Donald, 170, Tulse Hill;" No. 50964 paid in on 3rd November, 1877, endorsed "Edward Lewis, 6, Argyll Street; "No. 50965 paid in on 5th October, 1877, endorsed "Edward Froggatt, 6, Argyll Street,"and the next, No. 50966, paid in on 28th September, 1877, endorsed "L. Lewis, 110, Blackfriars Road."</p>
<hi rend="smallCaps">
<persName id="t18791215-name-121" type="witnessName">
<interp inst="t18791215-name-121" type="gender" value="male"/>
<interp inst="t18791215-name-121" type="surname" value="LEWIS"/>
<interp inst="t18791215-name-121" type="given" value="LOUIS"/>LOUIS LEWIS</persName> </hi>. I am manager of the South-Western Loan and Discount</p>
<xptr type="pageFacsimile" doc="187912150027"/>
<p>Company, Limited, 110, Blackfriars Road—this Bank of England note, No. 50966, bears my endorsement; I received it from Mr. Froggatt about 28th September, 1877—he owed me money, and gave me that in payment—I believe it was at his office in Argyll Street; he sent for me to go there and receive it—I have a brother named Edward Lewis, who at that time was clerk to Mr. Froggatt, and had been so from 1872—lam not sure that this is my brother's endorsement on this note; it looks like it, but I am not sore; as far as I believe it is—I see the endorsement of Edward Froggatt, 6, Aigyll Street, on these notes, 20300 and 50965—I really cannot tell whether that is Mr. Froggatt's writing; I have only seen his handwriting once or twice, and I really should not like to say—I have no belief about it; I should not like to say one or the other—I see the endorse
<lb/>ment of "Elizabeth Donald, 170, Tulse Hill, on the notes, Nos. 20299 and 50963"—I have seen such a person; I believe she is Mrs. Froggatt's sister—I believe Mr. Froggatt lived at Tulse Hill; I don't know the number.</p>
<hi rend="italic">Cross-examined.</hi> I know that he was under sentence of two years' im
<lb/>prisonment; I was one of his bail—I believe I was at his office in Argyll Street after he was arrested—I am not aware that all his documents and papers were taken away—my brother is here—I believe he was in Mr. Froggatt's employ at the time sentence was passed upon him—he has been subpœnaed to attend here as a witness for the prosecution.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-122" type="witnessName">
<interp inst="t18791215-name-122" type="gender" value="male"/>
<interp inst="t18791215-name-122" type="surname" value="CLARKE"/>
<interp inst="t18791215-name-122" type="given" value="FREDERICK"/>FREDERICK CLARKE</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I could not speak with any cer
<lb/>tainty as to the "Edward Froggatt, 6, Argyll Street," on the notes 20300 and 50965 being the defendant's writing; they have a similarity to his—I should hardly like to say that I had a belief on the subject—I think from the appearances it is very probable they were written by him.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-123" type="witnessName">
<interp inst="t18791215-name-123" type="gender" value="male"/>
<interp inst="t18791215-name-123" type="surname" value="FLUISTER"/>
<interp inst="t18791215-name-123" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN FLUISTER</persName> </hi>. (
<hi rend="italic">City Detective Sergeant</hi>). On 28th October I apprehended the prisoner at the House of Correction, Cold Bath Fields, as he was coming out of prison—I had a warrant, which I read to him—he said "If I had not been in confinement this would not have happened, but my clerk has taken away all my papers from my office, and I don't know where they are."</p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">submitted that the prosecution had not made out their case. By a proviso of the section of the statute under which the prosecution was instituted</hi> (24 and 25 Vic. 96, Sec 80)
<hi rend="italic">it was enacted that in any civil proceeding no person should commence a prosecution without the sanction of the Court or Judge before whom such civil proceeding was pending. The civil proceeding in the present instance was before Vice-Chancellor Hall in the form of a statement of claim filed on behalf of Mrs. Fitzroy, but the sanction for this prosecution was obtained subsequently from Mr. Justice Bowen sitting ma the Vacation Judge, and who, therefore, was not the Court or Judge before whom the civil proceedings were pending.</hi> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-124" type="witnessName">
<interp inst="t18791215-name-124" type="gender" value="male"/>
<interp inst="t18791215-name-124" type="surname" value="POLLOCK"/>
<interp inst="t18791215-name-124" type="given" value="BARON"/>BARON POLLOCK</persName> </hi>
<hi rend="italic">was clearly of opinion that the objection could not be sustained. By the Judicature Act the distinction between the—Courts of Law and Equity was abolished, and Mr. Justice Bowen as Vacation Judge was the only Court of Chancery then sitting, and was in the words of the section "the Court or Judge "authorised to give the required sanction for the prosecution.</hi> </p>
<hi rend="smallCaps">
<rs id="t18791215-98-verdict-1" type="verdictDescription">
<interp inst="t18791215-98-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-98-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18791215-98-punishment-19" type="punishmentDescription">
<interp inst="t18791215-98-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-98-punishment-19" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-98-18791215 t18791215-98-punishment-19"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<xptr type="pageFacsimile" doc="187912150028"/>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 17
<hi rend="italic">th</hi>, 1879.</p>
<hi rend="italic">Before Mr. Justice Lindley.</hi> </p>
<div1 type="trialAccount" id="t18791215-99">
<interp inst="t18791215-99" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-99" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-99-charge-1" targOrder="Y" targets="def1-99-18791215 t18791215-99-offence-1 t18791215-99-verdict-1"/>
<persName id="def1-99-18791215" type="defendantName">
<interp inst="def1-99-18791215" type="gender" value="male"/>
<interp inst="def1-99-18791215" type="age" value="20"/>
<interp inst="def1-99-18791215" type="surname" value="COLEMAN"/>
<interp inst="def1-99-18791215" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK COLEMAN</hi> (20)</persName>
<rs id="t18791215-99-offence-1" type="offenceDescription">
<interp inst="t18791215-99-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18791215-99-offence-1" type="offenceSubcategory" value="rape"/>, Rape on
<persName id="t18791215-name-126" type="victimName">
<interp inst="t18791215-name-126" type="gender" value="female"/>
<interp inst="t18791215-name-126" type="surname" value="O'SHEE"/>
<interp inst="t18791215-name-126" type="given" value="MARY ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-99-offence-1 t18791215-name-126"/>Mary Ann O'Shee</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-127" type="witnessName">
<interp inst="t18791215-name-127" type="gender" value="male"/>
<interp inst="t18791215-name-127" type="surname" value="WILLIAMS"/>
<interp inst="t18791215-name-127" type="given" value="MONTAGU"/>MR. MONTAGU WILLIAMS</persName> </hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. CAVENDISH BENTINCK</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<rs id="t18791215-99-verdict-1" type="verdictDescription">
<interp inst="t18791215-99-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18791215-99-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">FOURTH COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 17
<hi rend="italic">th</hi>, 1879.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18791215-100">
<interp inst="t18791215-100" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-100" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-100-charge-1" targOrder="Y" targets="def1-100-18791215 t18791215-100-offence-1 t18791215-100-verdict-1"/>
<persName id="def1-100-18791215" type="defendantName">
<interp inst="def1-100-18791215" type="gender" value="male"/>
<interp inst="def1-100-18791215" type="age" value="57"/>
<interp inst="def1-100-18791215" type="surname" value="JOHNSON"/>
<interp inst="def1-100-18791215" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH JOHNSON</hi> (57)</persName>
<rs id="t18791215-100-offence-1" type="offenceDescription">
<interp inst="t18791215-100-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18791215-100-offence-1" type="offenceSubcategory" value="animalTheft"/>, Feloniously killing a sheep, with intent to steal the carcase.</rs> </p>
<hi rend="smallCaps">MR. POYNTER</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. GILL</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-129" type="witnessName">
<interp inst="t18791215-name-129" type="gender" value="male"/>
<interp inst="t18791215-name-129" type="surname" value="GAYNES"/>
<interp inst="t18791215-name-129" type="given" value="MATTHEW"/>MATTHEW GAYNES</persName> </hi>. I am farm bailiff to Mr. East—the prisoner is a hay-binder, and has worked for me—on Saturday, 30th August, when I went round at 6 o'clock in the evening there were 200 sheep in a field at I Brentfield Lane, Willesden—next morning, at 6.30, I missed a wether I sheep, marked with a red painted dot on the rump—we found the skin in I a ditch, with the entrails wrapped up in it—this is the skin (
<hi rend="italic">produced</hi>)—the value of the sheep was 53
<hi rend="italic">s</hi>.,</p>
<hi rend="italic">Cross-examined.</hi> I counted the sheep myself twice on Saturday evening I and both I and my man counted them the next morning—I did not swear before the Magistrate "I do not know the prisoner"—I have known bin I eight or nine years—I said "I do not know who had the sheep."</p>
<hi rend="smallCaps">
<persName id="t18791215-name-130" type="witnessName">
<interp inst="t18791215-name-130" type="gender" value="male"/>
<interp inst="t18791215-name-130" type="surname" value="JOHNSON"/>
<interp inst="t18791215-name-130" type="given" value="ROBERT"/>ROBERT JOHNSON</persName> </hi>. The prisoner is my father—I live at Willesden—I remember in August last my father taking me to the Spotted Dog it I Leavesden and giving me some beer, but I do not know the day or week or mouth—he afterwards sent me to bed—when he got home km fetched me out of bed and well thrashed me because I would not go with him—he asked me to go down Brenttield Lane 16 kill a sheep—we went down Brentfield Lane into Mr. East's field, and father told me to go round I the sheep and drive them up in a corner—I did so—then he told me to I kneel down and hold it while he cut its throat, and he knelt down too—before he killed it he drew it from one gap to another, a distance of 200 yards, through the gap and under a willow tree close against the feeder in an adjoining field—then I held it while he cut its throat—he skinned it and threw the skin and entrails into the ditch, and then cut the sheep in halves with an axe which he took with him, and put half in each bag, and we each carried half to father's allotment, and put some potatoes and greens on top of it—about two hours after he took it home and put it in salt and water—he told mother that he brought it from Newgate Market—this bag (
<hi rend="italic">produced</hi>) is the one in which father carried half—there was blood from the sheep, which stained my shirt and jacket.</p>
<hi rend="italic">Cross-examined.</hi> I do not know how old I am—I was taken in custody and charged with killing the sheep, and after I was charged I said it was my father—when before the Magistrate I spoke of the sheep being taken to the allotments and covered up, but I did not say anything about its being dragged 200 yards—I was not asked—I do not know who was in the house at the time it was taken home—Mr. George lodged there then; father and I mother ate it, and I had nothing to do with it.</p>
<hi rend="italic">Re-examined.</hi> I had a bit of it, but not much—I have had a quarrel</p>
<xptr type="pageFacsimile" doc="187912150029"/>
<p>with my father—I do not know when—I had a pair of corduroy trousers on that night, and these I am now wearing he had on.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-131" type="witnessName">
<interp inst="t18791215-name-131" type="gender" value="male"/>
<interp inst="t18791215-name-131" type="surname" value="MEAD"/>
<interp inst="t18791215-name-131" type="given" value="EBENEZER"/>EBENEZER MEAD</persName> </hi> (
<hi rend="italic">Police Inspector</hi>). On 31st August, about 9 o'clock, I went to Brentfield with Constable Bedford, and saw where some sheep had been driven up in the corner of the field; I traced where something had been driven to slaughter, and found blood and marks of one knee of corduroy trousers in the mud—I traced blood marks through the gateway into the adjoining field under a willow-tree, and saw the akin produced rolled up in a ditch with the entrails in it—the nearest highway is about 100 yards from where the slaughter took place—on the ground under the willow there were small pieces of bone and blood, as if something had been cut up—I followed the traces across the field to a fence adjoining another field, and I saw blood on a fence in the direction of the prisoner's house—on 19th November I went with the last witness to Brent Lane.</p>
<hi rend="italic">Cross-examined.</hi> The boy was taken in custody, but not charged.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. They would not have to pass the allotments to go to the prisoner's house from the field—from the field where I traced the marks he would go to the Midland and North-Western Junction Railway where the witness took me, and then he said "We took up the line to the allotments"—the line runs between the allotments—I failed to find any traces farther than the railway.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-132" type="witnessName">
<interp inst="t18791215-name-132" type="gender" value="male"/>
<interp inst="t18791215-name-132" type="surname" value="GEORGE"/>
<interp inst="t18791215-name-132" type="given" value="WILLIAM"/>WILLIAM GEORGE</persName> </hi>. In August last, and up to about a month ago, I was lodging at the prisoner's house—one night, about 8th or 9th September, I was sitting up in the same room with the prisoner and his wife, who were quarrelling—he said "The b——knife which cut the sheep's throat will cut your b——throat"—she said "You know you dragged the boy out of bed to go and kill the sheep"—the prisoner made no reply to that.</p>
<hi rend="italic">Cross-eramined.</hi> I was living in the house the whole of August, except
<lb/>ing from Saturday to Monday night—I used to live in the same room with the prisoner and his wife.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-133" type="witnessName">
<interp inst="t18791215-name-133" type="gender" value="male"/>
<interp inst="t18791215-name-133" type="surname" value="CLUNEY"/>
<interp inst="t18791215-name-133" type="given" value="SAMUEL"/>SAMUEL CLUNEY</persName> </hi> (
<hi rend="italic">Policeman</hi>). I took the prisoner on the 18th Novem
<lb/>ber; I told him he would be charged with stealing a wether sheep in Brent
<lb/>field Lane on 31st August, the property of Mr. Joshua East, farmer—he said "Oh!"—I said "Yes"—he said "Where is my son?"—I told him he was detained at Willesden Police-station—he said "Nobody saw me do it, and I shall make him a b——liar, and you too"—I took him to the station.</p>
<hi rend="italic">Cross-examined.</hi> I had taken the son to Willesden Police-station on the same charge on 18th November—we had been seeking for another man.</p>
<hi rend="smallCaps">
<rs id="t18791215-100-verdict-1" type="verdictDescription">
<interp inst="t18791215-100-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18791215-100-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="italic">For the case of Yankowski and others tried in Old Court, Thursday and Friday See Surrey Cases.</hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Thursday, December</hi> 18
<hi rend="italic">th</hi>, 1879.</p>
<hi rend="italic">Before Mr. Justice Iindley.</hi> </p>
<div1 type="trialAccount" id="t18791215-101">
<interp inst="t18791215-101" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-101" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-101-charge-1" targOrder="Y" targets="def1-101-18791215 t18791215-101-offence-1 t18791215-101-verdict-1"/>
<persName id="def1-101-18791215" type="defendantName">
<interp inst="def1-101-18791215" type="gender" value="male"/>
<interp inst="def1-101-18791215" type="age" value="30"/>
<interp inst="def1-101-18791215" type="surname" value="RIPPIN"/>
<interp inst="def1-101-18791215" type="given" value="ANTONY"/>
<hi rend="largeCaps">ANTONY RIPPIN</hi> (30)</persName>
<rs id="t18791215-101-offence-1" type="offenceDescription">
<interp inst="t18791215-101-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18791215-101-offence-1" type="offenceSubcategory" value="murder"/>, for the wilful murder of
<persName id="t18791215-name-135" type="victimName">
<interp inst="t18791215-name-135" type="gender" value="male"/>
<interp inst="t18791215-name-135" type="surname" value="WIGGIN"/>
<interp inst="t18791215-name-135" type="given" value="WALTER WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-101-offence-1 t18791215-name-135"/>Walter William Wiggin</persName>. He was also 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">MONTAGU WILLIAMS</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. CLEWER</hi> Defended.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-136" type="witnessName">
<interp inst="t18791215-name-136" type="gender" value="male"/>
<interp inst="t18791215-name-136" type="surname" value="MAITLAND"/>
<interp inst="t18791215-name-136" type="given" value="JAMES"/>JAMES MAITLAND</persName> </hi>. I am carpenter on board the steamer Duke of Buc
<xptr type="pageFacsimile" doc="187912150030"/>
<p>—the prisoner was the butcher, and the deceased William Wiggi the chief steward—on 6th October we had made fast at Port Said, and ther was a lighter alon side the vessel—I saw the prisoner go towards the steward in a very threatening way with something in his hand, and by the time got round the mast the blow had been given—I heard the blow and saw the steward falling overboard—he fell seven feet into the lighter—I took holt of the prisoner and handed him to the chief officer—he said something in French which I did not understand, and dropped this belaying-pin (
<hi rend="italic">producd</hi>)—it is made of iron—before the blow was struck the steward was finding fault with the prisoner for being negligent with the poultry, and I saw him give the prisoner two or three blows; I cannot say whether with his open hand or fist—that was 10 minutes before I saw the steward falling into the lighter—the prisoner was standing behind the steward when he struck the blow.</p>
<hi rend="italic">Cross-examined</hi> The steward was sober—he used to drink now and then—Port Said is a hot place, and it is a common practice on going ashore to indulge a little—I saw the steward strike the prisoner two or three times, but the blows were not violent—I was 12 or 14 feet off—I moved forward and aft about the same distance—I could see them both—the steward did not continue to strike the prisoner—he was angry because the chickens were not caught directly, but he went 12 feet from the prisoner after striking him, leaving him to catch the fowls or encourage the men to catch them—they had gone over into the lighter—we were made fast to a buoy—the prisoner was first engaged at Calcutta; the steward engaged him—I heard that he had been in the service of the Ducal line of steamers; he had ex
<lb/>perience of being at sea—I was loading the cargo, and coal was coming on board; over 100 men were employed in the general work of loading, but there was not considerable noise and confusion, because they had finished taking the coal in and had gone away—the ship was quite quiet during the 10 minutes which elapsed after the steward hit the prisoner—the prisoner was putting the fowls away, and the steward was trying to catch them.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-137" type="witnessName">
<interp inst="t18791215-name-137" type="gender" value="male"/>
<interp inst="t18791215-name-137" type="surname" value="ROBINSON"/>
<interp inst="t18791215-name-137" type="given" value="WILLIAM"/>WILLIAM ROBINSON</persName> </hi> (
<hi rend="italic">Thames Police Inspector</hi>). On 8th October I was present at St. Mary's Hospital when Mr. de Rutzen attended to take the deposition of William Wiggin; the prisoner was present—the deposition was interpreted to him, and he had the opportunity of asking any question he wished.</p>
<hi rend="italic">Cross-examined.</hi> The interpreter was told in English to make that state
<lb/>ment to the prisoner; he did so, and the prisoner asked some questions.</p>
<hi rend="italic">The deposition of William Wiggin was here put in and read,.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18791215-name-138" type="witnessName">
<interp inst="t18791215-name-138" type="gender" value="indeterminate"/>
<interp inst="t18791215-name-138" type="surname" value="FLETCHER"/>
<interp inst="t18791215-name-138" type="given" value="RANNING"/>RANNING FLETCHER</persName> </hi>, I am shore steward—I knew the deceased and assisted to carry him to St. Mary's Hospital—I visited him there, and was there about five or six days before 5th December, when he died—he got his wife to write to me, and I went—he said "I am very very bad and dying"—I tried to cheer him up, but he said "It is no use your trying to make me believe I am not, the doctors say so; when Mr. de Rutzen was here to take my deposition I said I struck him with my open hand, but it was with my clenched fist, and I should not like to—"and he broke off in violent pain—some time afterwards he said "If they will only look at my Port Said declaration they will see that I said with my clenched fist there, and that was the true statement."</p>
<xptr type="pageFacsimile" doc="187912150031"/>
<hi rend="smallCaps">
<persName id="t18791215-name-139" type="witnessName">
<interp inst="t18791215-name-139" type="gender" value="indeterminate"/>
<interp inst="t18791215-name-139" type="surname" value="HAYWARD"/>
<interp inst="t18791215-name-139" type="given" value="CAHARLES"/>CAHARLES HAYWARD</persName> </hi>,. I am one of the house surgeons at St. Mary's Hospital—I attended the deceased; he died on 5th December; he was admitted on 22nd October suffering from fracture of the spine and paralysis of the lower limbs—he had a wound on his head which was almost healed—fracture of the spine would result from falling from one vessel to another.</p>
<hi rend="italic">Cross-examined.</hi> Fracture of the spine was the cause of death—I attended the
<hi rend="italic">post-mortem</hi>—there was no fracture of the skull, or any sign of a serious wound except the cicatrix of a scalp wound, which had gone entirely through the scalp, but had not injured the bone.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-140" type="witnessName">
<interp inst="t18791215-name-140" type="gender" value="male"/>
<interp inst="t18791215-name-140" type="surname" value="ALEXANDER"/>
<interp inst="t18791215-name-140" type="given" value="THOMAS"/>THOMAS ALEXANDER</persName> </hi>. I was surgeon on board the Duke of Buccleugh—on 6th October at Port Said I was called to the chief steward, and found him bleeding from a very severe wound at the back of his head, about three inches long, both incised and contused—this instrument would cause it—he complained of great pain in his back; he had no power in his limbs, and could not feel his legs—when I saw him he was in the lighter alongside the steamer—he was unable to move, and was carried on board—I then examined him, and found a bruise on the lower part of his spine, which would be likely to result from a fall overboard into the lighter—he remained paralysed the whole voyage, and on our arrival he was conveyed to St. Mary's Hospital—he was a very strong man, and was in robust health before this.</p>
<hi rend="italic">Cross-examined.</hi> I was told that the butcher had struck him with a belaying pin, which I saw afterwards with blood on it—I did not consider the wound on his head dangerous—he must have fallen on his back—he was a pretty temperate man; he took a glass sometimes—I never saw him strike any one before.</p>
<hi rend="italic">The following witnesses had been examined for the defence before the Magistrate, but were now called by the prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-141" type="witnessName">
<interp inst="t18791215-name-141" type="gender" value="male"/>
<interp inst="t18791215-name-141" type="surname" value="RAYMOND"/>
<interp inst="t18791215-name-141" type="given" value="BASIL"/>BASIL RAYMOND</persName> </hi> (
<hi rend="italic">Interpreted</hi>,). I am cabin boy on board the Duke of Buccleugh—on 6th October we were at Port Said, and I saw some fowls brought on board; one of them escaped, and the steward struck the butcher two or three times with his fist—after that some more fowls ran away, and the steward got angry, and struck him again with his fist three or four times—eight or nine minutes after that the steward went and looked over the rail after some fowls which had escaped there, and the butcher came behind him and struck him with this, and he fell down into the boat—I cannot exactly say what time elapsed between the first and second blow with the fist; I had no watch with me.</p>
<hi rend="italic">Cross-examined.</hi> I said before the Magistrate that 10 minutes elapsed between the first and second blow—I saw the blow struck with the belay
<lb/>ing pin, that was eight or ten minutes after the steward had struck the prisoner the last time—I did not say before the Magistrate that it was immediately—the steward was a good man as far as I know.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-142" type="witnessName">
<interp inst="t18791215-name-142" type="gender" value="indeterminate"/>
<interp inst="t18791215-name-142" type="surname" value="RAMJAM"/>
<interp inst="t18791215-name-142" type="given" value="JAMSON"/>JAMSON RAMJAM</persName> </hi> (
<hi rend="italic">Interpreted</hi>). I was a saloon waiter on board this vessel—on 6th October I saw potatoes, ducks, fowls, and rabbits brought on board at Port Said; some of the fowls escaped, and the steward got very angry; there were some harsh words, and he struck the prisoner with his hand—the steward then ran about looking after the poultry, and I saw the prisoner knock him with a belaying pin, and he fell into the lighter—that was eight or ten minutes after the steward had struck him—I did not say before the Magistrate that it was two or three minutes afterwards; I said eight or ten minutes.</p>
<xptr type="pageFacsimile" doc="187912150032"/>
<hi rend="smallCaps">
<persName id="t18791215-name-143" type="witnessName">
<interp inst="t18791215-name-143" type="gender" value="indeterminate"/>
<interp inst="t18791215-name-143" type="surname" value="JANCONALLI"/>
<interp inst="t18791215-name-143" type="given" value="BAJOU"/>BAJOU JANCONALLI</persName> </hi> (
<hi rend="italic">Interpreted</hi>). I am a seaman—on 6th October I was on board the vessel at Port Said; the fowls ran about—there were some words, and the steward struck the prisoner twice with his hand, and eight or ten minutes after that the prisoner took up a belaying pin, and struck the steward, and he fell into the lighter.</p>
<hi rend="italic">Cross-examined.</hi> They were not lighting one with the other, but one struck first, and the other afterwards—during the eight or ten minutes between the steward's last blow and the prisoner taking up the pin the prisoner was taking in the fowls and the geese.</p>
<rs id="t18791215-101-verdict-1" type="verdictDescription">
<interp inst="t18791215-101-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-101-verdict-1" type="verdictSubcategory" value="manslaughter"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of manslaughter.</hi> </rs>
<hi rend="italic">
<rs id="t18791215-101-punishment-20" type="punishmentDescription">
<interp inst="t18791215-101-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-101-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-101-18791215 t18791215-101-punishment-20"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">FOURTH COURT</hi>,
<hi rend="italic">Thursday, December</hi> 18
<hi rend="italic">th</hi>, 1879.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
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<interp inst="t18791215-102" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-102" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-102-charge-1" targOrder="Y" targets="def1-102-18791215 t18791215-102-offence-1 t18791215-102-verdict-1"/>
<persName id="def1-102-18791215" type="defendantName">
<interp inst="def1-102-18791215" type="gender" value="male"/>
<interp inst="def1-102-18791215" type="age" value="37"/>
<interp inst="def1-102-18791215" type="surname" value="RELF"/>
<interp inst="def1-102-18791215" type="given" value="SAMUEL BURTON"/>
<hi rend="largeCaps">SAMUEL BURTON RELF</hi> (37)</persName>
<rs id="t18791215-102-offence-1" type="offenceDescription">
<interp inst="t18791215-102-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18791215-102-offence-1" type="offenceSubcategory" value="fraud"/>
<hi rend="smallCaps">
<rs id="t18791215-102-verdict-1" type="verdictDescription">
<interp inst="t18791215-102-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-102-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to 3 indict
<lb/>ments for unlawfully obtaining goods by false pretences</rs>
<rs id="t18791215-102-punishment-21" type="punishmentDescription">
<interp inst="t18791215-102-punishment-21" type="punishmentCategory" value="noPunish"/>
<interp inst="t18791215-102-punishment-21" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-102-18791215 t18791215-102-punishment-21"/>
<hi rend="italic">Judgment Respited.</hi> </rs> And</p> </div1>
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<interp inst="t18791215-103" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-103" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-103-charge-1" targOrder="Y" targets="def1-103-18791215 t18791215-103-offence-1 t18791215-103-verdict-1"/>
<join result="criminalCharge" id="t18791215-103-charge-2" targOrder="Y" targets="def1-103-18791215 t18791215-103-offence-2 t18791215-103-verdict-1"/>
<persName id="def1-103-18791215" type="defendantName">
<interp inst="def1-103-18791215" type="gender" value="male"/>
<interp inst="def1-103-18791215" type="age" value="62"/>
<interp inst="def1-103-18791215" type="surname" value="SCOTT"/>
<interp inst="def1-103-18791215" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM SCOTT</hi> (62)</persName>
<rs id="t18791215-103-offence-1" type="offenceDescription">
<interp inst="t18791215-103-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18791215-103-offence-1" type="offenceSubcategory" value="simpleLarceny"/> to stealing a bag and other articles belonging to
<persName id="t18791215-name-146" type="victimName">
<interp inst="t18791215-name-146" type="gender" value="male"/>
<interp inst="t18791215-name-146" type="surname" value="PAYNE"/>
<interp inst="t18791215-name-146" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-103-offence-1 t18791215-name-146"/>William Payne</persName>, and a coat belonging to
<persName id="t18791215-name-147" type="victimName">
<interp inst="t18791215-name-147" type="gender" value="male"/>
<interp inst="t18791215-name-147" type="surname" value="HUNT"/>
<interp inst="t18791215-name-147" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-103-offence-1 t18791215-name-147"/>Joseph Hunt</persName>;</rs> also
<rs id="t18791215-103-offence-2" type="offenceDescription">
<interp inst="t18791215-103-offence-2" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18791215-103-offence-2" type="offenceSubcategory" value="assault"/>assaulting a police constable in the execution of his duty.—</rs>
<rs id="t18791215-103-punishment-22" type="punishmentDescription">
<interp inst="t18791215-103-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-103-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-103-18791215 t18791215-103-punishment-22"/>
<hi rend="italic">Eighteen Months' Imprisonment.</hi> </rs>
<rs id="t18791215-103-verdict-1" type="verdictDescription">
<interp inst="t18791215-103-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-103-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<interp inst="t18791215-104" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-104" type="date" value="18791215"/>
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<persName id="def1-104-18791215" type="defendantName">
<interp inst="def1-104-18791215" type="gender" value="female"/>
<interp inst="def1-104-18791215" type="age" value="35"/>
<interp inst="def1-104-18791215" type="surname" value="MORRAY"/>
<interp inst="def1-104-18791215" type="given" value="MARY"/>
<hi rend="largeCaps">MARY MORRAY</hi> (35)</persName>
<rs id="t18791215-104-offence-1" type="offenceDescription">
<interp inst="t18791215-104-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18791215-104-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously casting upon
<persName id="t18791215-name-149" type="victimName">
<interp inst="t18791215-name-149" type="gender" value="female"/>
<interp inst="t18791215-name-149" type="surname" value="HENLEY"/>
<interp inst="t18791215-name-149" type="given" value="MARGARET"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-104-offence-1 t18791215-name-149"/>Margaret Henley</persName> sulphuric acid, with intent to do her grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. GRIFFITHS</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. A.B. KELLY</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-150" type="witnessName">
<interp inst="t18791215-name-150" type="gender" value="female"/>
<interp inst="t18791215-name-150" type="surname" value="TOOLE"/>
<interp inst="t18791215-name-150" type="given" value="JULIA"/>JULIA TOOLE</persName> </hi>. I have been in the service of Mr. Hartell, of 12, Earl Street, Westminster, 12 months—the prisoner used to wash for Mr. Hartell—she has not had the washing since about a week before this affair occurred—on 31st October she came to the house—I opened the door to her, and she said "Tell Margaret I want to see her"—Mrs. Henley's Christian name is Margaret, and she was housekeeper to Mr. Hartell—I was kitchen-maid and had to attend to the door—Mr. Hartell had a house
<lb/>maid, kitchen-maid, and cook—I went to the kitchen and told Mrs. Henley, and she went upstairs—I followed her—before Mrs. Henley got to the top of the stairs the prisoner threw some vitriol in her face, and then opened the door and fled—she had her band under her cloak—I did not see her take her hand out—it was all done in a moment—it was a dark thick fluid—it burnt Mrs. Henley, who cried out "Oh, my eye!"—it went into her eye—she sat down in a chair, and seemed in much pain—there was a quantity of fluid lying about the hall—her dress was much burnt—the housemaid, Mary Keen, took her to the hospital.</p>
<hi rend="italic">Cross-examined.</hi> I do not know anything about any quarrels between Mrs. Henley and the prisoner.</p>
<hi rend="italic">Re-examined.</hi> I do not know whether the discontinuance of the washing pleased or displeased her.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-151" type="witnessName">
<interp inst="t18791215-name-151" type="gender" value="female"/>
<interp inst="t18791215-name-151" type="surname" value="KEEN"/>
<interp inst="t18791215-name-151" type="given" value="MARY"/>MARY KEEN</persName> </hi>. I am housemaid to Mr. Hartell—on 31st October, when the prisoner came, I was coming downstairs to the hall, and prisoner was standing in the middle of the hall—I did not see anything in her hand—I went down into the kitchen as Mrs. Henley was coming up, and I heard her scream—I ran up immediately, and found her in a dreadful state, crying, and very much burnt about the face—I have been in Mr. Hartell's service three years—the prisoner has done the washing about 12 months, I think—about a week before the occurrence the washing was discontinued</p>
<xptr type="pageFacsimile" doc="187912150033"/>
<p>—I did not hear the prisoner complain about it at all—I know of no quarrel between her and Mrs. Henley.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-152" type="witnessName">
<interp inst="t18791215-name-152" type="gender" value="female"/>
<interp inst="t18791215-name-152" type="surname" value="HENLEY"/>
<interp inst="t18791215-name-152" type="given" value="MARGARET"/>MARGARET HENLEY</persName> </hi>. I am housekeeper to Mr. Hartell, and have been in his employment 29 years next May—the prisoner did washing for the house, and washed the linen of the church a little over 12 months—Mr. Hartell told me not to send it her any more—I do not know whether the prisoner was pleased or displeased, for I did not see her—Mr. Hartell communicated with her about the discontinuance—there had never been any words between the prisoner and myself—on 31st October the kitchenmaid called me up to the ball, and as I was going upstairs I saw the prisoner standing on the mat, and the moment I got sight of her she threw a liquid into my face—she did not say a word, nor did I—I was going up to hear what she had to say—it burnt me very much immediately—I did not notice if she had any
<lb/>thing in her hands—her hands were hid under her cloak—she took one hand out, and I could see that with that hand she threw something—I was burnt on my face in my right eye and on both hands—my dress was very much burnt—I cannot now see with my right eye; it is perfectly blind—the other is very weak—I was immediately taken to the hospital—I am still under the charge of the doctor—the only reason I can account for the prisoner's action is that she wanted to come into the house as a servant when she first came into the neighbourhood, and I refused her—this dress (
<hi rend="italic">produced</hi>) is the one I had on—it was not burnt like that before the vitriol was thrown on it—it was a new dress, and had been washed only once.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-153" type="witnessName">
<interp inst="t18791215-name-153" type="gender" value="male"/>
<interp inst="t18791215-name-153" type="surname" value="DAVIS"/>
<interp inst="t18791215-name-153" type="given" value="ARTHUR SPENCER"/>ARTHUR SPENCER DAVIS</persName> </hi>. On 31st October I was acting as house surgeon at the Westminster Hospital—I examined the last witness—she was suffering from a burn on the right cheek and right side of the neck and right arm and slightly on the left arm—the upper part of the body of her dress was also burnt—the burning substance had penetrated the dress to the skin of the neck and upper part of the breast—the right eye was injured by the intrusion of some fluid—she was taken into the ward, and evidently suffered very much—she has remained in the ward ever since with the exception of attending at the police-court—sbe has entirely lost the sight of the right eye, and it remains a question whether the eye will not have to be removed to endeavour to avoid sympathy and to try to save the other eye—where there is an injury to one eye there is always a liability of the other to suffer—the burns were such as would be caused by oil of vitriol, which is the popular name for sulphuric acid—it is a dark liquid and oily—I submitted the dress to a chemical test, and undoubtedly detected oil of vitriol—she is still under my care.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-154" type="witnessName">
<interp inst="t18791215-name-154" type="gender" value="male"/>
<interp inst="t18791215-name-154" type="surname" value="DUTSON"/>
<interp inst="t18791215-name-154" type="given" value="WILLIAM"/>WILLIAM DUTSON</persName> </hi> (
<hi rend="italic">Policeman B</hi> 322). I received information, went to prisoner's house, and said to her "Do you know the housekeeper at No. 12, Earl Street?"—she replied "Yes"—I said "Will you go there with me?"—she went, but said nothing afterwards.</p>
<hi rend="italic">The Prisoner received a good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18791215-104-verdict-1" type="verdictDescription">
<interp inst="t18791215-104-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-104-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18791215-104-punishment-23" type="punishmentDescription">
<interp inst="t18791215-104-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-104-punishment-23" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-104-18791215 t18791215-104-punishment-23"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18791215-105">
<interp inst="t18791215-105" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-105" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-105-charge-1" targOrder="Y" targets="def1-105-18791215 t18791215-105-offence-1 t18791215-105-verdict-1"/>
<persName id="def1-105-18791215" type="defendantName">
<interp inst="def1-105-18791215" type="gender" value="male"/>
<interp inst="def1-105-18791215" type="age" value="25"/>
<interp inst="def1-105-18791215" type="surname" value="GIBBS"/>
<interp inst="def1-105-18791215" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE GIBBS</hi> (25)</persName>
<rs id="t18791215-105-offence-1" type="offenceDescription">
<interp inst="t18791215-105-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18791215-105-offence-1" type="offenceSubcategory" value="rape"/>, Rape on
<persName id="t18791215-name-156" type="victimName">
<interp inst="t18791215-name-156" type="gender" value="female"/>
<interp inst="t18791215-name-156" type="surname" value="RUSSELL"/>
<interp inst="t18791215-name-156" type="given" value="ELLEN"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-105-offence-1 t18791215-name-156"/>Ellen Russell</persName>.</rs> </p>
<rs id="t18791215-105-verdict-1" type="verdictDescription">
<interp inst="t18791215-105-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-105-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of the attempt</hi> </rs>
<hi rend="italic">
<rs id="t18791215-105-punishment-24" type="punishmentDescription">
<interp inst="t18791215-105-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-105-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-105-18791215 t18791215-105-punishment-24"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<xptr type="pageFacsimile" doc="187912150034"/>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Friday, December</hi> 19
<hi rend="italic">th</hi>, 1879.</p>
<hi rend="italic">Before Mr. Justice Lindley.</hi> </p>
<div1 type="trialAccount" id="t18791215-106">
<interp inst="t18791215-106" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-106" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-106-charge-1" targOrder="Y" targets="def1-106-18791215 t18791215-106-offence-1 t18791215-106-verdict-1"/>
<persName id="def1-106-18791215" type="defendantName">
<interp inst="def1-106-18791215" type="gender" value="male"/>
<interp inst="def1-106-18791215" type="age" value="29"/>
<interp inst="def1-106-18791215" type="surname" value="SHURETY"/>
<interp inst="def1-106-18791215" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES SHURETY</hi> (29)</persName> was indicted
<rs id="t18791215-106-offence-1" type="offenceDescription">
<interp inst="t18791215-106-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18791215-106-offence-1" type="offenceSubcategory" value="murder"/> for the wilful murder of
<persName id="t18791215-name-158" type="victimName">
<interp inst="t18791215-name-158" type="gender" value="female"/>
<interp inst="t18791215-name-158" type="surname" value="PIPER"/>
<interp inst="t18791215-name-158" type="given" value="LOUISA"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-106-offence-1 t18791215-name-158"/>Louisa Piper</persName>.</rs> </p>
<hi rend="smallCaps">MESSRS. MONTAGU WILLIAMS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MEAD</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. HORACE AVOBY</hi>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-159" type="witnessName">
<interp inst="t18791215-name-159" type="gender" value="female"/>
<interp inst="t18791215-name-159" type="surname" value="COVE"/>
<interp inst="t18791215-name-159" type="given" value="ELIZA"/>ELIZA COVE</persName> </hi>. I am the wife of Robert Cove, a carpenter, living at No. 2, Payne's Place, Kentish Town Road; we occupy the front room ground floor—the prisoner lived in the back room ground floor—he came there about 11th October last with Mary Ann Piper and three children; the eldest child was a girl about 13, named Emily Piper, the next was a boy, Charles Piper, about 11, and the third was the baby, Louisa Piper—Mrs. Mead occupied one of the rooms upstairs—the woman Mary Ann Piper used to go out to work the greater part of the day; she used to go out at all times, mostly early in the morning, and return in the evening—the eldest girl, Emily, was out during the day, she had a little place; the boy was mostly at school during school hours—the prisoner was usually at home with the baby—I first saw the baby about a fortnight after they came, on a Sunday, I saw her going out along with the elder sister—I noticed the appearance of the child; I noticed bruises on the side of its little ear and scratches on the side of its face—in our room I could hear distinctly what took place in the prisoner's room; there was only a partition door between the two rooms—he has knocked the baby about when the woman has been at home, but he has beat it most shamefully when she has been out—I could hear every word that was said—I heard him beating the chili about a fortnight after they came, and he called her dreadful names; he used to call it a little bleeding mare—on one occasion he said to the woman she would have the pleasure one of these days, of seeing the bleeding mare lying under his feet and dash its little guts out before her own eyes—when he has been alone with the child, I have heard noises as if he was slapping its little bottom, and as if he has thrown the child against the door, and I have heard the child make a kind of squeaking noise, it would not last a minute—this used to occur more or less every day—when I heard it I have hammered at the door and told him he ought to be ashamed of himself to use a dear baby like that—he made the reply once that he would rip my b——face open—the child died on Monday, 1st December—on the Friday before that he was brutally ill-treat—the child whilst the mother was out, slapping it, and as if he was jobbing it on the floor, and he threw it up against the partition door—the child only made the squeaking noise, and it would die off into little sobs; you would not hear much of its crying—I told him he ought to be ashamed of himself, if he went on much more of it I would fetch in a policeman—he came out into the passage and told me to mind my own b——business, it was the mother that had done it—on that Friday the mother was there; she did not say anything; she came out—I don't think the prisoner heard what passed between us, because she was too frigtened he should hear it; she went into the back yard for some water—on the Saturday before the child died, he was ill-treating the mother all day long, as well as the baby—on the Sunday the child had wetted in front of the fireplace, and he said the bleeding little mare had taken a warm place for it; it wanted to go to the po, and he broke it against the door and threw the child on to the po—the child broke into a</p>
<xptr type="pageFacsimile" doc="187912150035"/>
<p>little sobbing cry, but it was soon over—on the Monday morning, a little after 9, I heard the mother crying; I knocked at the door and asked what was the matter—I ultimately went into the room; the mother was dressed to go to work, the prisoner was just getting off the bed putting his trowsers on—the child was lying on the side of the bed, its little arms drawn up—I tried to lay them straight as well as I could; it was quite dead—I said "Oh, you poor little murdered creature'—the prisoner stood against the fireplace—Mr. Mead was present at the time—the prisoner said "Make matters as well as you can for me, Mrs. Core"—the woman did nothing, only stood crying—I noticed that the child's head was dreadfully bruised, there were two bruises on its head; it only had on a little shirt—the mother and I went and fetched Dr. Brown—the mother had placed the child on the side of the bed where she and the prisoner used to sleep; it usually slept on the floor on two pillows—I showed the woman the bruises and asked her how it was done, and she said it fell off the po; she afterwards said that the prisoner had done it, that on Sunday he picked it up three times by the hair of its head and threw it on the floor, that she picked it up and tried to stand it on its feet and it could not stand, that he then kicked her into the corner of the room, that he was coming across, as she thought to hit her again, and she said "Oh, don't, Charley, you have done it for me this time," and he said "Nonsense, you want to make me believe something now," and then he knocked her down—she said the bruises were caused as the child was going to get up off the floor, he hit her on the side of the head and the head came in contact with the door, and that the child was never sensible afterwards—she was telling this to me, and the prisoner said "Oh, it is all nonsense."</p>
<hi rend="italic">Cross-examined.</hi> I never called in a policeman; the other lodger did, about a month before the child died; I was not present—the prisoner was not taken up by the policeman—I have seven children—I was there about a month before the prisoner came—there were other lodgers; all the rooms were occupied; there are six rooms—I never went into the prisoner's room but once—the woman Was too frightened to speak to any of us in the house—what I have told is only what I heard; I never saw anything take place—the prisoner Was nearly always at home; I never knew him to be at work; I never missed him out of the place above an hour or half an hour during the day; I am perfectly sure of that—t am sure he was not at work on the Friday fortnight before the child died; that is the Friday I have spoken of, not the Friday before the death; if I slid so it must have been a misunder
<lb/>standing; it was the Friday week before, and on the Saturday and Sunday before it died—I don't know of anything particular that took place on the Friday before it died—on the Saturday and Sunday the woman was at home all day—as far as I could tell she was very fond of the children—I never heard her beat them—I have never seen the prisoner, only when he has gone past the window and come back again—I could not tell from his manner whether he was drunk at times; I never had any conversation with him; I could not tell whether he was drunk or sober—it was on the Sunday after
<lb/>noon before the child's death that I last heard anything particular; at that time the mother was in the room; it was on that occasion that the mother was knocked in the corner against the door—it was on the Friday week before the child died that I called Mrs. Mead down into my room; that was one of the occasions when he knocked the child against the wall; on that occasion the mother came out of the room and said it was she who had been</p>
<xptr type="pageFacsimile" doc="187912150036"/>
<p>knocked into the corner of the room—I cannot tell you when it was that he said she should have the pleasure of seeing him place the child at her feet and dash its guts out under her eyes, because it was every day's occurrence; it is impossible to remember the dates—I don't mean that I heard that expression every day; it was on the Friday fortnight before the child's death—I forgot it when I was before the Magistrate; I believe I said it before the Coroner—on one occasion, when I knocked at the door and complained that he was knocking the child about, the mother did not come out and tell me that I was mistaken; the prisoner came out and told me so—it was after that that she came out and said that she had been thrown against the door; she said she was thankful to think that I had interfered—I could not exactly say the last time I saw the child before it died; I think it was about a month before—the scratches I saw on the face were not like sores, just as if it was from finger-nails—I had no opportunity of seeing how the other children were treated—I never saw the prisoner nursing this child or the others—I never went into the room.</p>
<hi rend="italic">Re-examined.</hi> I was always on good terms with the woman when I spoke to her; I had no occasion to be otherwise; I have had no quarrel with either of them—on the Friday, when she came out and said she was glad I had interfered, she was crying; she said he had knocked her into the corner because she had taken the baby's part.</p>
<hi rend="italic">By the</hi>
<hi rend="smallCaps">COURT</hi>. It was not a crying, noisy baby; it was a quiet, dear little thing—I did not know that it was dirty in its habits.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-160" type="witnessName">
<interp inst="t18791215-name-160" type="gender" value="female"/>
<interp inst="t18791215-name-160" type="surname" value="MEAD"/>
<interp inst="t18791215-name-160" type="given" value="HARRIET"/>HARRIET MEAD</persName> </hi>. I am the wife of William Thomas Mead, a plasterer, of 2, Payne's Place; we occupy the first floor back, directly over the prisoner's room—I was living there on 11th October, when the prisoner came to live there—about a fortnight after they came I heard the man smacking the baby's bottom; I was on the stairs; the mother was not there at the time—about six weeks previous to the child's death Mrs. Cove called me downstairs, and we went close to the door of the prisoner's room, and I heard as though he banged the baby on the floor; once the child gave a kind of moaning cry, and after that it seemed as though he threw it against the partition; the child only gave the same kind of moaning cry—I said, "You brute, you are knocking that child about again, while the mother is out earning the bread to put into your mouth"—the mother was not there then; she was out at work—he told me to mind my own business, and he would like to serve me in the same way, he would like to put the heel of his boot on my a—; after that I went upstairs—the same evening, about 5 or 6, I went downstairs for some water; at that time the woman was at home—I heard the prisoner swearing; it seems the mother was undressing the child to put it to bed—he said, "Do you know what I would like to do to her? I would like to lay her down on the floor stark naked, a—up
<lb/>wards, and thrash her till she could not move, and let her lie there and not have anything to eat until she died"—I heard this through the window; I could not see into the room; the glass was papered up—I said to him, "Do you know what I would like to do with you if I had my will "I would serve you in the same way; I would get a cat-o'-nine-tails to you"—he told me to mind my own business, and I had no business looking under his window—a night or two after that I was again outside the window, and heard him swearing at the mother and the child—I heard him say to the boy, "Undress her, Charley, and put her to bed out of the way"—some</p>
<xptr type="pageFacsimile" doc="187912150037"/>
<p>time after that, it might be a week after, I was passing up the stairs; apparently the baby was on the po; I heard him say, "This is the second time, God help you the third; if you don't do it this time I will do for you"—I think that was between a fortnight and three weeks before the child died—on the Saturday before it died he was swearing all day at the mother, through something he did not like in the child's doings; I did not hear distinctly what he said—all day on the Sunday it was the same, he and the mother continually grumbling at each other—during the whole of the time I never saw or heard the mother ill-treat the child—she was there when I spoke to him about the cat-o'-nine-tails; she did not speak—on the Monday morning, 1st December, about 9.15, I was fetched down into the room by Mrs. Cove, and saw the child on the bed dead—it was very much bruised about the forehead and about the body; it had on a little shirt—I told the prisoner he was the instigation of it—he said, "
<hi rend="italic">Missis</hi>, how can you say so?"—I said, "Because I do"—the mother said that on the Sunday she went to stand it on its feet and it could not stand; it fell down, and he hit it on the side of the ear as it fell-down; he lifted it up three times by (he hair of its head, and sat it on the floor; that it fell over against the chair, causing the wound on the forehead, and that it was not sensible after that—the prisoner said, "Nonsense, nonsense," nothing more.</p>
<hi rend="italic">Cross-examined.</hi> I went out for a policeman one day, and he said he could not come off his. beat—the woman was fond of the children as far as I could tell—I never heard any illusage of the child while she was there, I am sure of that—she was present when he said he would like to leave it on the floor without anything to eat till it died; that might be between a fortnight and three weeks before it died—I am quite sure about the words that were' used—I am quite sure he said about leaving it there till it died—I believe I told the Coroner so; if it is not put down it must be a mistake on somebody's part, not mine—I am quite sure I said it—they are very important words—I never went into the room, I only hoard these expressions—I don't believe he was the worse for liquor; I could not see him, but I don't believe at these times that he had been out of the house—I don't agree with Mrs. Cove in saying that he was never out at work all the time he was there, because he sent the little girl up to me one night asking me to call him up in the morning about 5 o'clock—I don't think he went out to work above twice;—he was more at home than he was away—I don't think he was away more than two days, at different times—I told the Coroner that he did not seem to have much work to do—he did not go to work frequently during the first three weeks he was there—I never saw him with the other children—on the Saturday and Sunday before the child died I only heard him swearing at the woman—she was at home all day Saturday and Sunday—I heard Mrs. Cove on one occasion accuse him of knocking the child about, and the mother came out and said she was mistaken, that he had not been doing so—that was on the Friday week before the child died.</p>
<hi rend="italic">Re-examined.</hi> I don't know whether he was at work or where he was on the two days he was absent—I believe he is a horsekeeper by trade, but I don't know.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-161" type="witnessName">
<interp inst="t18791215-name-161" type="gender" value="female"/>
<interp inst="t18791215-name-161" type="surname" value="PIPER"/>
<interp inst="t18791215-name-161" type="given" value="EMILY"/>EMILY PIPER</persName> </hi>. I am 14 years old—I live with my mother at 2, Payne's Place—my mother was living in the same room with the prisoner and us—before he came to live with us my mother lived with us three children—we were</p>
<xptr type="pageFacsimile" doc="187912150038"/>
<p>not living at Payne's Place before the prisoner came, we all went there together—after he came to live with us I have seen him smack my little sister—he began smacking her on the arm first, then he began smacking her bottom—I have seen him do that several times—I remember a week or two after he came the child making water on the floor, and he picked up the poker to hit her with; my mother put her hand up to save it, and he knocked mother down and jumped upon her—I have seen him take the child up by the arm and throw her against the partition—on the Sunday evening before she died she was in bed, and he took her out of bed, put her on his lap, and gave her a good smack on her bottom—she kept opening and shutting her eyes, mother said "Look at her eyes, you can see what is the matter with her"—he said it was only a kid, and he danced her up and down on the floor on her feet to make her stand; she could not stand—I don't know whether she was asleep or awake when he took her out of bed—he then put her to bed again—I go out to get my living; I had a little place in service—I used to go out at 8 o'clock in the morning, and generally came home at 10 o'clock at night—I have seen some bruises on my sister's bottom—she had a lot of sores on the top of her head—at one time I and my little brothers and the baby slept together; the prisoner took her away when we used to fondle her up, and put it on two pillows on the floor—he has put his hand over her mouth so that she should not cry.</p>
<hi rend="italic">Cross-examined.</hi> He used to go out to work sometimes; when he first came he used to get up every morning early, about 4.80 or 5, and go out to look for work—he used to stop out till about 8 o'clock in the morning—he did that every morning for the first three weeks or so—he did not get drunk very often, he did sometimes—he used bad language when he was drunk, not so bad as he used to when sober; he was more pleased then; then he used hardly to say anything—mother was very fond of us all—we had enough to eat, all of us—the prisoner would not let mother give baby any unless he thought proper; she used to have food—before we were at Payne's Place we were receiving parish relief—I have sometimes seen the prisoner nursing the baby properly—she was rather given to making water on the floor; she hardly ever used to do it about the place, when she did he smacked her bottom—when he took up the poker and mother put up her hand, he laughed, and said "Don't be foolish; you did not think I was going to hit her with that"—I was not at home all day on the Sunday before the baby died; I went out to work—I don't know how long she had been in bed when he took her out—I did not say that she wanted the po; I can't say whether my brother said so—the prisoner put her on the po; that was the reason why he took her out of bed—I did not notice whether she did anything when he put her on—I have sometimes heard mother complain that when she was put on she would not do anything, and then afterwards she would make water on the floor—she used very often to cry in the night when she was sleeping with us—there was hardly enough covering on the bed for all of us; she used to cry sometimes because she was uncovered—she sometimes used to scratch the sores on her head; I have seen her do so—she also had some sores on her legs; she used to pick and scratch her sores—I have not said before to-day that he knocked my mother down and jumped on her—I don't think I told the Magistrate that.</p>
<xptr type="pageFacsimile" doc="187912150039"/>
<hi rend="italic">Re-examined.</hi> It is a fact that he did knock her down and jump on her. with his knees on her side; that was after she was on the ground—he did not interfere at all with my food—when we all three slept together in the bed I used to cuddle the child up, when it was put on the pillows it had only an old patchwork quilt to cover it, and a jacket or two—on the bed we had jackets and old clothes, no blankets—he used to go out from 5.30 till 8 in the morning, and then came back—he used to go out between 11 and 12 o'clock; that was before I went to service—he went out at 5 o'clock and came back at 9 o'clock after we went to Payne's Place, but only about three times.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-162" type="witnessName">
<interp inst="t18791215-name-162" type="gender" value="male"/>
<interp inst="t18791215-name-162" type="surname" value="BROWN"/>
<interp inst="t18791215-name-162" type="given" value="ANDREW"/>ANDREW BROWN</persName> </hi>, L.R.C.S. I live at 1, Bartholomew's Road, Kentish Town—on 1st December I was called to Payne's Place, and saw the deceased child; it was very much emaciated—I made these notes of the
<hi rend="italic">post-mortem</hi>—it weighed only 13 1/2
<hi rend="italic">lb.</hi>, and the usual weight of a child of that age is 301
<hi rend="italic">b.</hi>—there was a bruise on the right forehead, and the left cheek was swollen and hard—there was a scratch on the right cheek, a sore on the top of the head with a scab on it, three scratches at the back of the neck, a bruise on the left forehead, three raw wounds on the right buttock, each about the size of a threepenny piece, a similar sore over the right knee joint, and also on the back of the leg—the bruises were quite recent—the worst one was on the right forehead—the internal organs were healthy; there was nothing to account for death—the inner surface of the scalp had considerable extravasation of blood, which was the result of bruises, and under the bruise on the right forehead was a slight amount of congestion of the brain, not sufficient to cause death by itself, but it would decidedly do so combined with such treatment as I have heard to-day—the stomach con
<lb/>tained no food—I found the mother there when I first went, and spoke to her; the prisoner came in afterwards, but I did not speak to him.</p>
<hi rend="italic">Cross-examined.</hi> The woman gave me an account of the bruises on the forehead—I did not call the sores on the legs "cinder sores;" I only said "sores"—I think they were the result of neglect—that applies to the greater portion of them; I mean neglect in cleanliness, but if the child had been scratched, and had picked it, very likely it would cause sores—I Said before the Magistrate "Those marks might be caused by violence, or by the child rubbing itself on the floor, and scratching the wounds afterwards"—the sore on the head might be caused in the same way, from a pimple—the room was very poor; I did not inquire of the prisoner or any one else as to whether there was any food there—the bruises on the forehead might have caused the congestion, but the congestion was not sufficient of itself to cause death—to produce the congestion there must have been concussion first, and I think the shock to the nervous system arising from that was the cause of death in a weakly child—the immediate cause of death was the shock to the nervous system; that sheck must have been caused by violence of some sort, and that violence must, in my opinion, have been inflicted within 24 hours of death—I presume that the death was from shock, because I could find no other cause—I think the child had been very weakly from its birth—I think the mother said at the inquest that the father died from cousumption, but I am not sure—the condition of poverty Would be likely to make the child worse—I did not notice that the children had nothing but their clothes to put on their beds—I think I have understated the weight of a child of two years at 301b.—I do not think the prisoner was</p>
<xptr type="pageFacsimile" doc="187912150040"/>
<p>present when the woman gave me an account of the bruise on the forehead; he came in before I left the room, but I think she had told me how it happened before he came in—I do not think he was present when she told me—she said "The child fell from the po and bruised its forehead"—a child of those tender years falling a short distance might receive a severe bruise on its forehead, but it would not produce three bruises—I think the child simply falling would scarcely account for the severe bruises on the forehead, but I cannot speak for certainty—I do not think that a child weakly from its birth falling forward in a helpless condition on its face would receive such a bruise as was on this child's forehead, but I should not like to swear it would not.</p>
<hi rend="italic">Re-examined.</hi> I saw no symptoms of consumption, except that the mesenteric glands were a little enlarged, but not in a state to cause death—the state of its body would come from neglect—I should expect to find sores in a child weighing 13
<hi rend="italic">lb.</hi> which ought to weigh 30
<hi rend="italic">lb.</hi> if it was not properly attended to—scratches from anything on the floor, and the child picking them afterwards, would account for the sores on the legs—I think the bruise on the forehead was the result of considerable violence.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-163" type="witnessName">
<interp inst="t18791215-name-163" type="gender" value="male"/>
<interp inst="t18791215-name-163" type="surname" value="DUNLOP"/>
<interp inst="t18791215-name-163" type="given" value="WALTER"/>WALTER DUNLOP</persName> </hi>. I am resident medical officer at St. Pancras Work-house—I assisted Mr. Brown in the examination—I have heard his evidence, and agree with it.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-164" type="witnessName">
<interp inst="t18791215-name-164" type="gender" value="male"/>
<interp inst="t18791215-name-164" type="surname" value="DODD"/>
<interp inst="t18791215-name-164" type="given" value="CHARLES"/>CHARLES DODD</persName> </hi> (
<hi rend="italic">Police Inspector Y</hi>). I took the prisoner and the woman Piper from the governor of Newgate under an order from the Secretary of State—I told them at the station that they would be charged with being concerned in causing the death of Louisa Piper, aged one year and eleven months—they made no reply.</p>
<hi rend="italic">Cross-examined.</hi> I did not see the room till after the whole of the furniture was removed—I did not go into it on the Monday—Mrs. Cove did.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-165" type="witnessName">
<interp inst="t18791215-name-165" type="gender" value="female"/>
<interp inst="t18791215-name-165" type="surname" value="COVE"/>
<interp inst="t18791215-name-165" type="given" value="ELIZA"/>ELIZA COVE</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I went into the room on the Monday, and laid the baby out—I cannot tell whether there was any food in the cup
<lb/>board, but I think not, because I gave Mrs. Piper a can of soup on the Monday, as she said she bad nothing to eat.</p>
<rs id="t18791215-106-verdict-1" type="verdictDescription">
<interp inst="t18791215-106-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-106-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi> </rs>
<rs id="t18791215-106-punishment-25" type="punishmentDescription">
<interp inst="t18791215-106-punishment-25" type="punishmentCategory" value="death"/>
<interp inst="t18791215-106-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-106-18791215 t18791215-106-punishment-25"/>
<hi rend="largeCaps">DEATH</hi> </rs>.</p> </div1>
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<interp inst="t18791215-107" type="date" value="18791215"/>
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<persName id="def1-107-18791215" type="defendantName">
<interp inst="def1-107-18791215" type="gender" value="female"/>
<interp inst="def1-107-18791215" type="age" value="33"/>
<interp inst="def1-107-18791215" type="surname" value="PIPER"/>
<interp inst="def1-107-18791215" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN PIPER</hi> (33)</persName>
<rs id="t18791215-107-offence-1" type="offenceDescription">
<interp inst="t18791215-107-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18791215-107-offence-1" type="offenceSubcategory" value="manslaughter"/> was charged, on the Coroner's Inquisi
<lb/>tion only, with feloniously killing and slaying
<persName id="t18791215-name-167" type="victimName">
<interp inst="t18791215-name-167" type="gender" value="female"/>
<interp inst="t18791215-name-167" type="surname" value="PIPER"/>
<interp inst="t18791215-name-167" type="given" value="LOUISA"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-107-offence-1 t18791215-name-167"/>Louisa Piper</persName>. (
<hi rend="italic">The Grand Jury having thrown out the bill for murder</hi>,
<hi rend="smallCaps">
<persName id="t18791215-name-168" type="victimName">
<interp inst="t18791215-name-168" type="gender" value="male"/>
<interp inst="t18791215-name-168" type="surname" value="WILLIAMS"/>
<interp inst="t18791215-name-168" type="given" value="MONTAGU"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-107-offence-1 t18791215-name-168"/>MR. MONTAGU WILLIAMS</persName> </hi> </rs>
<hi rend="italic">offered no evidence on the Inquisition.</hi>)</p>
<hi rend="smallCaps">
<rs id="t18791215-107-verdict-1" type="verdictDescription">
<interp inst="t18791215-107-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18791215-107-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>
<hi rend="italic">Friday, December</hi> 19
<hi rend="italic">th</hi>, 1879.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18791215-108">
<interp inst="t18791215-108" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-108" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-108-charge-1" targOrder="Y" targets="def1-108-18791215 t18791215-108-offence-1 t18791215-108-verdict-1"/>
<persName id="def1-108-18791215" type="defendantName">
<interp inst="def1-108-18791215" type="gender" value="male"/>
<interp inst="def1-108-18791215" type="age" value="21"/>
<interp inst="def1-108-18791215" type="surname" value="WILLIAMS"/>
<interp inst="def1-108-18791215" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WILLIAMS</hi> (21</persName>
<rs id="t18791215-108-offence-1" type="offenceDescription">
<interp inst="t18791215-108-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18791215-108-offence-1" type="offenceSubcategory" value="forgery"/>Forging and uttering an order for the delivery of goods, with intent to defraud.</rs> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-170" type="witnessName">
<interp inst="t18791215-name-170" type="gender" value="male"/>
<interp inst="t18791215-name-170" type="surname" value="WHITE"/>
<interp inst="t18791215-name-170" type="given" value="STEWART"/>MR. STEWART WHITE</persName> </hi>
<hi rend="italic">Prosecuted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-171" type="witnessName">
<interp inst="t18791215-name-171" type="gender" value="male"/>
<interp inst="t18791215-name-171" type="surname" value="PERRIN"/>
<interp inst="t18791215-name-171" type="given" value="WILLIAM"/>WILLIAM PERRIN</persName> </hi> (
<hi rend="italic">City Policeman</hi> 504). On 4th December, at 3.30 p.m., prisoner was given into my custody, at 130, Queen Victoria Street, for obtaining goods by forged order—he made no answer to the charge.</p>
<xptr type="pageFacsimile" doc="187912150041"/>
<hi rend="smallCaps">
<persName id="t18791215-name-172" type="witnessName">
<interp inst="t18791215-name-172" type="gender" value="male"/>
<interp inst="t18791215-name-172" type="surname" value="HARFORD"/>
<interp inst="t18791215-name-172" type="given" value="HENRY"/>HENRY HARFORD</persName> </hi>. I am warehouseman to Mr. Pollock, of 130, Queen Victoria Street—prisoner came into our office at 2.30 p.m., and presented this order (
<hi rend="italic">This was dated</hi> 28
<hi rend="italic">th November</hi>, 1879,
<hi rend="italic">for three reams of</hi> 23
<hi rend="italic">pink double crown paper</hi>, 487, 1
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.,
<hi rend="italic">and signed for Charles Morgan and Co., E. H.</hi>)—Charles Morgan and Co. are customers of ours—I gave prisoner the goods under the belief that it was a genuine order—the invoice was sent to Charles Morgan and Co. on the following day, and returned on the 4th December—the prisoner came again, and said he came from Charles Morgan's—he brought this order (
<hi rend="italic">produced</hi>) for two reams of orange double crown, value 15
<hi rend="italic">s</hi>., signed "Charles Morgan and Co., E. H."—I kept him in con
<lb/>versation till Mr. Pollock came in, who said it was a forged order, and gave him in charge—I asked him what he had done with the paper, and he said he had made use of it—I asked him if he could get us the paper back or find us the money, and whether he had had paper here before—at first he said "No," but after a minute he said he had that paper, and had done away with it.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I did not offer to settle the case—I. asked you if you could tell us where to get the paper or the money, and you said no, you could not—I said that if you paid 1
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. I would let you go—I also said my master would stop the money out of my account—finding you had not the money in your pocket, and that you said you could not get it, I said I should detain you till Mr. Pollock came in, and he sent me for a policeman to lock you up—I told you at the time I did not wish to be hard with you under the circumstances.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-173" type="witnessName">
<interp inst="t18791215-name-173" type="gender" value="male"/>
<interp inst="t18791215-name-173" type="surname" value="HATES"/>
<interp inst="t18791215-name-173" type="given" value="ARTHUR"/>ARTHUR HATES</persName> </hi>. I am manager of the town department of Messrs. Charles Morgan and Co., wholesale stationers—the prisoner was in our employ in October, 1873, and left in October, 1874—he had no connection with our firm in November last, nor any authority to transact business on their behalf—this order does not some from our establishment—I believe the signature to be the prisoner's—I have seen him write a great many times when he was in our employ.</p>
<hi rend="italic">Cross-examined.</hi> Nothing was known against you while in our employ
<lb/>ment—I cannot swear positively that the order is in your writing, but I believe it is.</p>
<hi rend="smallCaps">
<rs id="t18791215-108-verdict-1" type="verdictDescription">
<interp inst="t18791215-108-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18791215-108-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He also</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a previous conviction at this Court in April</hi>, 1878.—
<hi rend="italic">
<rs id="t18791215-108-punishment-26" type="punishmentDescription">
<interp inst="t18791215-108-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18791215-108-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-108-18791215 t18791215-108-punishment-26"/>Fifteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18791215-109">
<interp inst="t18791215-109" type="uri" value="sessionsPapers/18791215"/>
<interp inst="t18791215-109" type="date" value="18791215"/>
<join result="criminalCharge" id="t18791215-109-charge-1" targOrder="Y" targets="def1-109-18791215 t18791215-109-offence-1 t18791215-109-verdict-1"/>
<persName id="def1-109-18791215" type="defendantName">
<interp inst="def1-109-18791215" type="gender" value="male"/>
<interp inst="def1-109-18791215" type="age" value="27"/>
<interp inst="def1-109-18791215" type="surname" value="CUTTING"/>
<interp inst="def1-109-18791215" type="given" value="HARRY"/>
<hi rend="largeCaps">HARRY CUTTING</hi> (27)</persName>
<rs id="t18791215-109-offence-1" type="offenceDescription">
<interp inst="t18791215-109-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18791215-109-offence-1" type="offenceSubcategory" value="manslaughter"/>, Feloniously killing and slaying
<persName id="t18791215-name-175" type="victimName">
<interp inst="t18791215-name-175" type="gender" value="male"/>
<interp inst="t18791215-name-175" type="surname" value="HENRY"/>
<interp inst="t18791215-name-175" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18791215-109-offence-1 t18791215-name-175"/>James Henry</persName> on the high seas.</rs> </p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>,
<hi rend="smallCaps">AUSTIN METCALFE</hi>
<hi rend="italic">Prosecuted;</hi>
<hi rend="smallCaps">MR. A. B. KELLY</hi>.</p>
<hi rend="italic">Defended.</hi> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-176" type="witnessName">
<interp inst="t18791215-name-176" type="gender" value="male"/>
<interp inst="t18791215-name-176" type="surname" value="CHALLENGER"/>
<interp inst="t18791215-name-176" type="given" value="GEORGE"/>GEORGE CHALLENGER</persName> </hi>. I was cook and steward on the ship Coringa, a British North-American vessel—on 3rd November we were in the Channel off Start Point, on our voyage from New York to Antwerp—there were about 20 men in the ship—the captain's name was Robert Gibson, and prisoner was chief mate—Graham was the second mate—the prisoner was in command of the port watch, which consisted of John Backiers, William Konstead, James Henry, John O'Connor, a man called Bill, whose other name I do not know, Edward Macfie, and two others—on the 3rd November I came up on deck about 10.30, and saw the second mate fighting with a man named Mike Kearney—the captain was standing on the poop, about six yards from them—the prisoner was not on deck—I parted them—a few minutes afterwards Cutting came up on deck with this hatchet (
<hi rend="italic">produced</hi>)—at that time no one else on deck was armed—the captain told Kearney he was</p>
<xptr type="pageFacsimile" doc="187912150042"/>
<p>going to put him in irons because he had threatened his life—Kearney said he would not go into irons, and tried to make his way forward, farther away from the captain—the captain followed him up, and told him he must put him in irons—O'Connor and Ronstead told the man not to go into irons—the captain then ordered the port watch below, but they did not go—the captain was going to put Kearney in irons, and had a revolver, which he held out in his hands—I saw Ronstead with a hatch-bar in his band—it is about six feet long and several inches broad—he was some distance from the captain, and could not have struck him without ad
<lb/>vancing—the prisoner came alongside the captain with the hatchet in his hand—the deceased told Kearney to go quietly into irons—Henry was then going towards the captain, having his hands on the waistbands of his trousers, holding his trousers up—he had nothing in his hand—I saw prisoner with the hatchet raised, and said "Mr. Cutting, what are you going to do with that hatchet!"—as I said that he advanced and struck Henry on the forehead with the blade—the blow cut him right through the bone—I heard the captain say "My God, what did you do that for!" as soon as he was struck—the captain took him to Graham's cabin—I assisted to sew up the wound—he remained in the cabin till he died, on the 6th—I did not hear Cutting make any answer to the captain's remark—there was no row after that—Kearney went into irons afterwards.</p>
<hi rend="italic">Cross-examined.</hi> The mate came from aft with the hatchet—Kearney was one of the starboard watch—Ronstead was holding the hatchbar over his head with both hands—Henry was before Ronstead, and both were facing towards the captain—Henry was not hitching up his trousers—prisoner was standing beside the captain, just a little behind—at the time the blow was struck the captain's face was turned forward—between 10.30 and 11 on the morning of the 13th October I was in my galley, when I heard a voice cry out "Oh!" and on running out saw a man lying on the chains by the foremast—I picked the man up and asked him what was the matter, but he did not say anything then—I saw O'Connor with a knife in his band, and he said to Cutting "If you hit me again I'll cut your liver out"—Henry was in the forecastle, close by O'Connor, and had a handspike in his hand—I signed the log containing the captain's record of what took place on November 3rd, but not that I witnessed all those things—at the time I parted the men who were fighting Cheshire had a marling-spike raised in his hand, and I asked him if he were going to strike me with it, and he denied it.</p>
<hi rend="italic">Re-examined.</hi> Cheshire had not got the marling-spike in his hand at the time prisoner struck Henry—on the 13th Connor complained of Cutting having struck him—Cutting shipped at New York, and O'Connor and Henry said the captain had brought him to beat the men—there was no further disturbance between the 13th October and 3rd November.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-177" type="witnessName">
<interp inst="t18791215-name-177" type="gender" value="male"/>
<interp inst="t18791215-name-177" type="surname" value="SKINNER"/>
<interp inst="t18791215-name-177" type="given" value="HENRY"/>HENRY SKINNER</persName> </hi>. I was able seaman on board the Coringa—I joined the vessel at Liverpool in September—on the 3rd November I saw the fighting between Graham and Kearney and saw some of the port watch there—Challenger parted the men, both of whose faces were bleeding—they went to wash their faces, and when Kearney came back the captain said "I want to put you in irons for threatening to take my life three weeks ago"—Kearney said he did not, but the captain said he did, and came down from the poop into the cabin—when he came out of the cabin he had the irons in</p>
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<p>his hand—Cutting was close to him with irons in his right hand and an axe in his left—the captain asked Kearney to go into irons, and he said he would not go—the mate then struck at him twice with the axe and he jumped back—the captain pointed his revolver at Kearney—by that time some of the port watch came out of the forecastle on deck, about seven or eight feet from the captain and prisoner, I heard one of the port watch say "Don't go in irons, Mike"—James Henry came walking aft towards the captain pulling up his pants, and I saw the prisoner reach over and strike Henry with the axe on the left side of the forehead—Henry had no weapon—he turned round when struck and went down on his knees—the captain said "My God, you have killed that man"—blood came, and he was carried aft and attended to—the captain and prisoner were the only men I saw with any weapon.</p>
<hi rend="italic">Cross-examined.</hi> After wo carried deceased out, the port watch went below, and Kearney went into irons—when the captain told Kearney he would put him in irons, he said he would not go—the prisoner was not there then.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-178" type="witnessName">
<interp inst="t18791215-name-178" type="gender" value="male"/>
<interp inst="t18791215-name-178" type="surname" value="BACKIERS"/>
<interp inst="t18791215-name-178" type="given" value="JOHN"/>JOHN BACKIERS</persName> </hi>. I am a native of Sweden and was able seaman on board the Coringa—I joined it at New York on November 3rd—I was asleep down below and was awakened by a noise—I went on deck and saw the second mate and Kearney fighting—I saw the captain come along from the poop with a belaying pin in his hand, but when he had got down two or three steps the fighting had ceased, and he turned back again—the second mate said to Kearney "Well not fight any more"—a short time afterwards I saw him with a carpenter's maul in his hands—about 15 minutes after I heard a noise again on deck, and when I was standing at the door I heard the captain say to Kearney "I am going to pnt you in irons"—the captain had a revolver in his left hand—the prisoner had a hammer in his left hand and a hatchet in the other—I saw Kearney run forward into the midst of the port watch, and saw the prisoner try to cut him—Henry was walking towards the captain and mate, about five feet from the captain and three feet from the mate—he said to Kearney "It would be best for you to go into irons"—I saw prisoner strike Henry with the axe—Bonstead had a natch bar—he was about five feet away from Henry when he was struck.</p>
<hi rend="italic">Cross-examined.</hi> I was one of the port watch—I did not hear the captain order the port watch below—I heard Konstead sing out, "Mike, don't go in irons"—he was the man who had the hatch-bar, and who led us—I did not go below until Henry was struck down—it was then all over, and the port watch at once went below—the carpenter's shop is between the forecastle and galley, and to come aft the port watch would pass the shop—I was not present when the crowbar, iron dog, and capstan bars were found on the door sill—I saw the mate lying down on the forecastle on the 13th October—O'Connor said if he struck him again he would cut his heart out—Henry was standing on the forecastle with a capstan-bar raised in his hands.</p>
<hi rend="italic">Re-examined.</hi> I did not see the dispute between O'Connor and prisoner—after the 13th October everything was quiet till the 3rd.</p>
<hi rend="italic">The certificate of the registration of the Coringa was put in a British sailing vessel of Western Nova Scotia, registered tonnage</hi> 1,343
<hi rend="italic">tons, length of vessel</hi> 193
<hi rend="italic">feet.</hi> </p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-179" type="witnessName">
<interp inst="t18791215-name-179" type="gender" value="male"/>
<interp inst="t18791215-name-179" type="surname" value="GRAHAM"/>
<interp inst="t18791215-name-179" type="given" value="THEODORE"/>THEODORE GRAHAM</persName> </hi>. I was second mate on the Coringa—I joined the</p>
<xptr type="pageFacsimile" doc="187912150044"/>
<p>ship at Liverpool, and made the voyage to New York—at New York Cutting joined as first mate—at 10 o'clock on the morning of the 3rd Kearney came down from the look-out, and went into the port forecastle—then he came up aft and went round to the forward side of the deck on the starboard side—the port watch was below—I told Kearney to go to his work—he said "You son of a bitch, I will cut the belly out of you—I can lick you or any son of a bitch aft"—I said "What is the matter?" still he told me he would cut the belly out of me, and came towards me, and I struck him with my fist—he returned the blow; Challenger came and parted us—Kearney had something in his hand which felt like lead—it broke my nose and blacked my eye—the port watch had all come on deck then—their watch was below, and they had no right on deck till the one bell—I saw Cheshire swinging a marling-spike over his head when the steward struck him; then the captain appeared and ordered the port watch below, saying he would have no quarrelling on the slrip—Ronstead said he Was not green enough nor sleepy enough to go below—several others spoke—Kearney was blaspheming all the time—the captain told him he had logged him for threatening his life three weeks previously, and he would have him put in irons—Kearney said he did not care a——whether he was logged or not—Kearney said he would go in irons, and the captain went below to get them—Kearney went forward to wash himself, and I went below to my cabin to wash with the captain—Cutting was in his room driving tacks into a curtain with a hatchet—the captain told Cutting he wanted to put Kearney in irons for his abusive language and for threatening his life—the captain got the irons and gave them to the mate, and went up on deck followed by the mate and myself—when we got on deck the port watch were at the forecastle door—Kearney was in the middle of the main deck—the captain and mate advanced towards Kearney to put him in irons—Kearney ran in amongst the port watch and said he would not go in irons, and no son of a bitch should put him in irons—the captain followed on—the port watch were all singing out "Don't go in irons, Mike"—the captain reached out to take hold of Kearney, when Henry came running to him with both hand uplifted and endeavoured to grasp him—Ronstead was close behind Henry with an iron hatch-bar, 7 feet long, raised over his head—I sang out "Look out, captain, there's a man going to strke you with an iron bar—the mate was standing at the right of the captain, a little behind him—immediately I sung out prisoner struck Henry—the port watch were all standing singing out and halloaing, but as soon as the blow was struck they told Kearney to go in irons, and soon went below—I think if Cutting had not struck Henry, Ronstead would have killed the captain with the iron bar—I did not see the axe in the prisoner's hand till he struck Henry.</p>
<hi rend="italic">Cross-examined.</hi> I am not in the habit of striking the men on board the vessel—the irons were handcuffs, not leg-irons—the chief mate, myself, the steward, and carpenter were beside the captain—I did not see the prisoner strike at Kearney first; Roustead was the only man of the port watch I saw with any weapon—when the captain pointed the revolver at Kearney, Kearney told the captain to shoot away—I did not hear Henry tell Kearney he had better go in irons.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-180" type="witnessName">
<interp inst="t18791215-name-180" type="gender" value="indeterminate"/>
<interp inst="t18791215-name-180" type="surname" value="COGSWELL"/>
<interp inst="t18791215-name-180" type="given" value="OTIS"/>OTIS COGSWELL</persName> </hi>. I was carpenter on the Coringa—I joined at St. John's on November 3rd—I was at work amidships on the port side close to the second mate—Kearney came from the look-out and said to Graham "I understand that you and the captain's brother are going to beat me; but</p>
<xptr type="pageFacsimile" doc="187912150045"/>
<p>neither you nor any of you can beat me"—the second mate ordered him away to his work, but he would not go, and said he would rip the d———belly out of him—the second mate then struck Kearney; Cheshire came up with a marling-spike in his hand—the steward came and parted them—I saw the port watch on deck and heard the captain tell them to go below—I went to my work when the row quieted; shortly afterwards I saw the captain come up out of the cabin followed by Cutting, and saw him hand a number of irons to Cutting—he called Kearney aft to go in irons, and Kearney asked what he wanted to put him in irons for—he replied "For threatening to take my life"—the port watch were still on deck—Kearney said he would not go in irons, and that he nor any other son of a bitch on that ship aft could put him in irons—he backed in amongst the port watch, and several of them, including O'Connor, told him not to go in irons—the captain drew his revolver on Kearney—I saw Ronatead running aft with a hatch-bar raised over his head and swearing he would split some son of a bitch down—I saw Henry come out off the forecastle, run aft, and make a rush at the captain with his arms up—the mate was a little behind the captain, and he lifted the hatchet and dealt Henry a blow on the head which stunned him—the port watch then appeared quieted and advised Kearney to go into irons—shortly after I went into my shop and found an iron crowbar taken from its place and laid on the door sill, and also an iron dog taken from beneath the bench and laid on the end of the bench by the door—the men coming from the port watch would pass that door—at the time the blow was struck I considered all our lives aft in the ship were in the most imminent danger—the things I have described were safe in their places in my shop about 15 minutes before the
<hi rend="italic">row.</hi> </p>
<hi rend="italic">Cross-examined.</hi> I was examined before the Naval Court on November. 10th, and Bonstead then asked me "When I took that hatchbar was it before or after the mate struck Henry," and I said "The excitement was so great that I could not swear positively whether it was before or after," but I now swear positively that I saw Honstead with the hatchbar before—it is clearer to my mind now—if the hatches were open the hatchbar would be lying on the chains—the weapons I spoke of were not taken out of the carpenter's shop.</p>
<hi rend="italic">Re-examined.</hi> I was examined before the Police Magistrate, and I then swore the same as now, that Ronstead had the hatchbar before Henry was struck.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-181" type="witnessName">
<interp inst="t18791215-name-181" type="gender" value="male"/>
<interp inst="t18791215-name-181" type="surname" value="GIBSON"/>
<interp inst="t18791215-name-181" type="given" value="THOMAS"/>THOMAS GIBSON</persName> </hi>. I am ordinary seaman on board the Coringa—my brother is the captain—I was on the ship on November 3rd—before the row between Kearney and the second mate, Kearney was on the look-out and I told him I was sent there to get the sinnet to go to work—he said if he was off the look-out he would kick me overboard and would kick my guts out—I got the sinnet and went into the second mate's-room to get two strands of lanyards, and when I came out I saw the second mate and Kearney fighting—Cheshire was swinging a marling
<lb/>spike—I struck Kearney on the head with the strands of lanyards—the captain came out and said he would have no quarrelling on his ship, and the two men were parted—the captain said he would have him logged, and he said he did not care a d——whether he was logged or not—he refused to go to his work and the captain said he would put him in irons—he said "All right"—the captain went below for his irons, and</p>
<xptr type="pageFacsimile" doc="187912150046"/>
<p>when he came back Kearney refused to go, saying he would not go in irons, and there were not enough sons of—on board to put him in irons—he walked towards the port watch—O'Connor and Ronstead told Kearney not to go into irons—the captain ordered them to go below, and Ronstead said he was not green enough nor sleepy enough to go below—the port watch were swearing and cursing amongst themselves—the captain followed Kearney with a revolver, and then Ronstead made a rush at him with a hatchbar raised over his head—Henry ran ahead of Ronstead with his hands just as if he was about to lay hold of the revolver, and then the mate struck him—I think the captain would have been killed if the mate had not struck Henry with the hatchet—I do not think the captain saw the man with the hatchbar.</p>
<hi rend="italic">Cross-examined.</hi> When the prisoner struck Henry the captain said "My God, what have you done V—I had not seen the axe until prisoner struck Henry—I did not see him use it towards Kearney—Ronstead was the only one of the port watch who had any weapon—I struck Kearney with the sinnet twice or three times as hard as I could.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-182" type="witnessName">
<interp inst="t18791215-name-182" type="gender" value="male"/>
<interp inst="t18791215-name-182" type="surname" value="GIBSON"/>
<interp inst="t18791215-name-182" type="given" value="ROBERT"/>ROBERT GIBSON</persName> </hi>. I am captain of the Coringa—I sailed with her from New York on the morning of the 3rd—I saw Kearney and Graham quarrelling, and ordered it to cease, and ordered the port watch below—they did not obey the order, and said they were not sleepy, or something like that—they urged Kearney on to give it to the second mate; I asked Kearney what he meant by creating such a disturbance in the ship—he said he was not raising any disturbance—I told him I had had him logged before for threatening my life—he said he did not care, and I told him I would put him in irons—he said "I will go in"—I said "All right," and went down to get the irons—as I was going down I heard them say that we could not put him in irons, or something like that—the mate was in his room, and I said to him "We must put that man in irons"—I got two or three pairs of irons, and put my revolver in my pocket; I passed the irons to prisoner, and took another pair as I was coming out of the cabin; prisoner followed me on deck—the port watch were all standing on the forecastle, and Kearney was down ait the poop by the mainmast—I called him to go in irons peacefully, and the port watch sung out to him not to go in irons—I followed him, and told them to go below, and two or three of them, especially Ronstead, remarked "We are not soft enough; we are not sleepy enough"—they did not go below; Kearney retreated into the port watch—I said "If you do not come I will shoot you"—he said "Shoot away," and I pointed my revolver at his legs; I was watching him—I heard some one say "Look out, captain!" and then I saw the prisoner strike Henry—Ronstead had a hatchbar in his hand—as soon as the blow was struck Ronstead gave in—I believe the whole of us were in danger, and that prisoner's intervention in my behalf at that moment was necessary—as chief officer it was his place to protect me.</p>
<hi rend="italic">Cross-examined.</hi> There were 20 men on board all told—14 sailors—I did not see the prisoner with the axe in his cabin—there were five of the men standing by me—I did not see Ronstead with the hatch bar till just as the blow was struck—my revolver has seven chambers; three loaded with ball cartridge—I suppose Kearney meant it in earnest when he said "Shoot away"—after the blow all was perfectly quiet—that settled them—the crew had never complained to me of the prisoner till 13th October, when they said we had brought this man on board to knock them about.</p>
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<hi rend="italic">Re-examined.</hi> I did not bring him on board to beat anybody.</p>
<hi rend="italic">Prisoner's statement of the occurrence given before the Naval Court toot put in.</hi> </p>
<hi rend="smallCaps">
<rs id="t18791215-109-verdict-1" type="verdictDescription">
<interp inst="t18791215-109-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18791215-109-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">ESSEX CASES</hi>.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
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<interp inst="def1-110-18791215" type="gender" value="female"/>
<interp inst="def1-110-18791215" type="age" value="40"/>
<interp inst="def1-110-18791215" type="surname" value="SULLIVAN"/>
<interp inst="def1-110-18791215" type="given" value="DORA"/>
<hi rend="largeCaps">DORA SULLIVAN</hi> (40)</persName>
<rs id="t18791215-110-offence-1" type="offenceDescription">
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<interp inst="t18791215-110-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering a medal resembling a sovereign. Mr. Lloyd Prosecuted.</rs> </p>
<hi rend="smallCaps">
<persName id="t18791215-name-184" type="witnessName">
<interp inst="t18791215-name-184" type="gender" value="male"/>
<interp inst="t18791215-name-184" type="surname" value="CANNON"/>
<interp inst="t18791215-name-184" type="given" value="ROBERT"/>ROBERT CANNON</persName> </hi>. I am a baker, of 64, High Street, Stratford—on 1
<hi rend="italic">s</hi>. December about 6 o'clock, the prisoner came in and asked for a quartern of bread, which came to 7
<hi rend="italic">d</hi>.—she tendered this medal (produced) head upwards—it appeared to be a sovereign, and I gave her 19
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>. change—as soon as she picked the change up I examined it, but she was gone very quickly—I followed with Hill, and found her half or three
<lb/>quarters of an hour after at her door in Owen Street, and said to the policeman "That is the woman"—she said "I know, and I have got the change to give you in my pocket"—I gave the medal to Hill, and gave the prisoner in custody.</p>
<hi rend="smallCaps">
<persName id="t18791215-name-185" type="witnessName">
<interp inst="t18791215-name-185" type="gender" value="male"/>
<interp inst="t18791215-name-185" type="surname" value="HILL"/>
<interp inst="t18791215-name-185" type="given" value="JOHN"/>JOHN HILL</persName> </hi> (
<hi rend="italic">Policeman K</hi> 100). On the evening of December 11 was on duty in High Street, Stratford, and went with Mr. Cannon to River Street, where the prisoner lives—she was standing at her door, and Cannon said "I give this woman in custody for tendering this, and saying it was a sovereign," giving me this medal—the prisoner said "Yes, I have got the change"—I counted it, and found 19
<hi rend="italic">s</hi>. 5 1/2
<hi rend="italic">d</hi>.—before we got to the station the prisoner said "My husband found it. and gave it to me"—she after
<lb/>wards said "My son found it, and gave it to my husband"—at the station when she was charged she said "I got it at the Marsh Grate public-house on Saturday night"—that is right opposite—I had received information about another medal, but I said nothing—she gave me a good sixpence at the station before she was searched.</p>
<hi rend="smallCaps">
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<interp inst="t18791215-name-186" type="gender" value="female"/>
<interp inst="t18791215-name-186" type="surname" value="COLLINS"/>