CENTRAL CRIMINAL COURT.
SECOND SESSION, HELD DECEMBER 13TH, 1847.
MINUTES OF EVIDENCE,
Taken in Short-hand
JAMES DROVER BARNETT
33, Southampton-street, Strand.
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, December 13th, 1847, and following Days.
Before the Right Hon. JOHN KINNERSLEY HOOPER. LORD MAYOR of the City of London; Sir Robert Monsey Rolfe, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir William Wightman, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Charles Farebrother, Esq.; Sir Chapman Marshall, Knt.; and Michael Gibbs, Esq.; Alderman of the said City: the Hon. Charles Ewan Law, Recorder of the said City: Thomas Farncomb, Esq.; John Musgrove, Esq.; William Hughes Hughes, Esq.; and David Salomons, Esq.; Alderman of the said City: John Mirehouse, Esq., Common Serjeant of the said City: and Edward Bullock, Esq., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
HOOPER, MAYOR. SECOND SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more then once in custody—An obelisk (†) that they are known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, December 13th, 1847.
PRESENT—THE RIGHT HON. THE LORD MAYOR; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. RECORDER; Mr. Ald. MUSGROVE; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the First Jury.
JOHN GRAHAM. I am a linen-draper in High-street, Camden-town. It is my dwelling-house, and is in the parish of St. Pancras—the prisoner came to me as shopman on 16th Sept.—he slept in the house that night, and left about half-past seven in the morning—I did not see him go—he was gone when I came down—after he was gone, at a little after eight, I also missed 9l. in gold from a private desk, which was not locked, at the end of the shop—I had seen the gold safe the night previous, about ten o'clock—I also missed some neck-ties from the window—I had bought them about the middle of the day on which the prisoner came into my employ, and I had put them in the window between three and four o'clock in the afternoon—I went to the station, gave information and a description of the prisoner—I did not see him again till I saw him in Newgate last Session—I have never seen the neck-ties again—there was 1l. or 2l. worth of silver in the desk also.
Cross-examined by MR. ROBINSON. Q. How many person had you in your employ? A. Five at that time—they all slept in the house—the desk is a private desk, to which no one goes—any one might go to it—I went out after seeing the money safe, and came in about half-past twelve o'clock—a female sat up for me—I did not look at my gold again—Gately has been in my service four or five months—the prisoner gave me the name of Adams—I do not know whether that is the true name or not—he referred to a Mr. Drew, of Bristol—there is no such person.
prisoner go to the desk on Friday morning, about a quarter past seven—he lifted up the lid—he said, "Here is a lot of gold"—nobody was in the shop but him and me—I went immediately and looked, but saw no gold—I afterwards heard him counting one, two, three, four—he was then in the desk—he came out, and waited till the shop was open, which was about half-past seven o'clock—I had been sweeping up the shop—I was doing nothing when he went to the desk—he seemed to be in a hurry after that, and said he wanted to go out to get shaved—as soon as the shop was opened he went, as he said, to post a letter—I saw him with a letter in his hand—he never came back—I do not recollect that he asked anything about the Post-office—I know nothing about the neck-ties—I do not recollect seeing any in the window.
Cross-examined. Q. You say him go out? A. Yes—there was a female in the shop at the time—she had come down a minute or so before—I had just finished opening the shop—the prisoner waited a quarter of an hour after he had been to the desk before he went out—I took the shutters down myself; that does not take very long—it is a double shop—he asked the young lady for an envelope—I am still in Mr. Graham's service—I had not seen any gold in the desk before the prisoner went to it.
Cross-examined. Q. Of that he has been acquitted? A. He has.
GUILTY. Aged 19.— Confined Twelve Months.
MR. CHARNOCK conducted the Prosecution.
JOHN TAVERNER. I am in partnership with Charles Chilton, as button manufacturers, in Old-street. In Aug. last Lane was in our employ—my partner purchased some tools of him in that month, consisting of lathes and the tools now in question—we were to give him 12l. for them—I fetched them home my self next day from Lane's premises—Grover was there at the time—the hobs were packed up in a box in his presence, and afterwards brought to my premises—I paid the money—Lane came into our service after that, and Grover also, but he was under Lane, not actually in our service—I entrusted Lane with these eighteen hobs—they are worth 5l.—they are attached to lathes for cutting umbrella knobs and things of that kind—the prisoners worked on our premises for about ten weeks, and left on 30th Oct.—I paid Lane that Saturday night what was due to him—he had no authority from me to take away these hobs—they were using them at that time—the prisoners did not come to their business on Monday morning, in consequence of which I went with my partner, and Sergeant Brannan, to where they live—I searched for the tools—part of them were on the bench, apparently in use—Lane afterwards brought this little box out, and said, "Perhaps you will say these are your's"—I said, "Certainly they are"—I have no doubt they are the same—neither of them had permission to take them from our premises.
Cross-examined by MR. BALLANTINE. Q. Which of the prisoners was in your service? A. Lane—he was paid by piece-work—he worked on the premises, and with our tools—he was not to use his own tools—I bought them of him—they are the tools I charge him with stealing—we bought them two or three days before he came to work for us, and paid him 12l. for them—it was paid in gold—I paid part, and my father part—my father is not
here—I cannot say the exact day on which I paid Lane—I went with him to fetch part of the tools out of pawn—I paid about 2l. for them, I think, I am not certain, and took possession of them—those were part of the tools—the remainder were at his house—I fetched them next day—I received them from him—I then paid his wife 4l.—at different times I have paid him 12l., and what they were in pawn for—I paid about 7l. to him and his wife—I cannot exactly say how much I paid him personally; I think about 4l.—I did not get any receipt from him—either my father or partner were present when I paid it—my father paid the wife 4l.—that was not in my presence—Grover was originally taken in custody, and Lane was a witness for him—he declared they were his tools, and said Grover had a right to them—he was examined on his oath—he was given into custody, and discharged by the Magistrate—Grover and I both claimed the tools—I did not go to Lane's house next day—I do not know of any one going, or of any offer being made for him to come back to my service at two guineas a week—I never made or sanctioned such an offer—I preferred a bill before the Grand Jury, without the prisoners being taken before a Magistrate again—I got a warrant, and had them taken into custody—Brannan executed the warrant—it was done under the advice of Mr. Heritage, my solicitor—he knew they had already been discharged.
MR. CHARNOCK. Q. Which of them was discharged? A. Grover, Lane was not in custody—Lane was quite satisfied that he had received the 12l., for I had the tools afterwards—he never made any complaint that he did not have the whole of the money—I had paid the wife, and the things were all moved by his consent to our premises.
CHARLES CHILTON. I am in partnership with Mr. Tavernar—I purchased the tools—these hobs were included in the purchase, we could not finish our work without them—12l. was to be paid for them; 4l. was paid first, and Mr. Taverner went for them—they were put into a small box and delivered by Grover—I saw them at our factory—Lane had the use of them—I would not have taken one prisoner without the other, they were both together, I considered them partners—they were eight or nine weeks on the premises after the purchase—they were not discharged, they left of their own accord—we then searched for the tools and missed them—I went with Brannan to the prisoner's premises, and eighteen of the things were given up—we could not find the others out—these produced are part of the hobs, and this is the box they were put into to come to our place—I found them in a room where the prisoners were at work, on Saturday night as we lost them on the Monday—the prisoners were both there, they had no authority from me or my partner to remove the tools—we could not finish the articles we had, without them—I have been thirty-five years in the trade, and would not have purchased one without the other.
Cross-examined. Q. Did you see them paid for? A. Undoubtedly; I saw the first part, 4l., paid to Lane's wife by Mr. Taverner's father—I paid Lane his wages, 2l., on Saturday night—there were a good many more tools than these—they left three lathes behind, which are still in our possession, also a portion of the tools—they were a part of the purchase.
MR. CHARNOCK. Q. These now produced are those you complain of their taking away? A. Yes; there are others which we have not been able to find—those in our possession are part of those we paid the 12l. for—they are no good without these.
COURT. Q. You said you bought these things? A. Yes; they were brought to our premises by the two prisoners, and were kept in use by them
eight or ten weeks; during that time neither of them applied to me for payment for the things—they were already paid for.
MR. BALLANTINE. Q. Did you go to Lane's house the day after Grover was discharged? A. Yes; I did not say, "I do not want to hurt you"—I did not ask him to come back into our employment, nothing of the kind; I have not had a chance—I did not say that I intended serving out the other wretch—I went there to know where my tools were—I could not find them—that was after Grover's discharge—Lane did not refuse to come back, he wanted to come—he said he would come back and finish the work, if it was looked over—I did not say anything to that.
JAMES BRANNAN (police-sergeant, G 20.) I went with the prosecutor to 15, Mountjoy-street, and found the two prisoners there—I believe the room belonged to them both—I searched, and found these tools, with some others which I gave up to Grover after he was discharged by the Magistrate—they could not be found on the second visit—I looked carefully for them—there are only eighteen here.
GUILTY. Aged 32.— Confined Four Months.
267. ALONZO BAMPTON , stealing 1 leathern strap, and 21 printed books, value 6s.; also 3 printed books, and 8 printed sheets of paper, 3s. 4d.; the goods of Thomas Bowdler Sharpe; to both of which he pleaded
GUILTY. Aged 35.— Confined Four Months.
268. WILLIAM HENRY PIPER , stealing 1 cash-box, value 2s. 6d.; 12 sovereigns, 2 half-crowns, 7 shillings, 5 10l. Bank notes; and 1 bill of exchange for the payment of 17l. 16s.; the property of Julius Henry Fielder, his master; to which he pleaded
GUILTY. Aged 19.— Transported for Seven Years.
269. JOSEPH COLLIS , stealing 12 plates, value 1s. 4d.; 4 decanters, 9s.; 24 mugs, 5s.; and 24 saucers, 5s.; the goods of Elizabeth Cheshire: also 2 copper kettles, 21s.; the goods of John Faulkner: also 7 lamps, 1l. 0s. 6d.; the goods of Thomas Lunn and another: to all of which he pleaded
GUILTY. Aged 37.— Confined Six Months.
WILLIAM BORTON. I am a ship-caulker, at Limehouse. On 6th Dec., I was caulking a ship at Bilingsgate—I saw William Thompson, Shay, and Williams go through the market together—I followed them—a gentleman was standing, with a basket in his hand, leaning on a place—Shay took hold of the gentleman's pocket, and William Thompson put his hand in and took out a silk handkerchief—they were all along side of each other—they then went to another part of the market, to Thomas Thompson, and sold him two handkerchiefs; he gave them 2s. for them, and William Thompson gave him 3d. change—he then said to Shay, "Have you got any more?"—he answered, "Yes, another one," and pulled out a white one with blue spots on it—another man, working in the market, bought it for 6d.—I spoke to a constable, who took Thomas Thompson; and another constable took the other three.
Thomas Thompson. Q. Were you not standing looking at me and two or three others pitching halfpence? A. Yes—I watched them round to you at first with the handkerchiefs, and asked you for some money—you would not have it—they went away, and came again and said, "If you will give us 1s. 9d. you shall have them," and you gave it.
JOHN STRICKLAND (City policeman, 582.) I received information from Burton, and took Thomas Thompson into custody—I searched him, and found two silk handkerchiefs on him—he said he had bought them—he did not say who of—I asked if he knew the other three prisoners—he said, "Yes"—he admitted buying the handkerchiefs, but said he did not know they were stolen.
Williams. Q. Did you see me with the others? A. Yes, but I could not take you then—you followed them, and I asked the prosecutor to lay hold of you—you were all three together.
William Thompson's Defence. I bought the handkerchiefs of a boy that found them, for 1s. 6d.; I went to Thomas Thompson and said I had bought two handkerchiefs of a boy that found them; he said, "Let me look at them;" he bid me 1s. 6d. for them; I said, "No, I gave that myself, I will take 1s. 9d. for them," and he gave it me.
Shay's Defence. I did not have the handkerchiefs.
Thomas Thompson's Defence. I was standing along with two others, and presently Thompson and shay come down; William Thompson said, "I have bought these two handkerchiefs for 18d. of a boy that picked them up, and asked me to buy them; I asked how much, and he said 2s. down; I bid him 18d., and then gave him 1s. 9d.; I did not know they were stolen.
*WILLIAM THOMPSON. Aged 18.
*SHAY. Aged 16.
GUILTY.— Confined Nine Months.
WILLIAMS. Aged 17
THOMAS THOMPSON. Aged 18.
GUILTY.— Confined Six Months.
(There was another indictment against the prisoners.)
OLD COURT.—Tuesday, Dec. 14th, 1847.
PRESENT—Mr. Ald. GIBBS, Mr. Ald. FARNCOMB, and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Second Jury.
GUILTY. Aged 25.— Confined Six Months.
GUILTY. Aged 45.— Confined One Month.
The prosecutor did not appear.
GEORGE ROBINSON. I live at Chiswick, and have granary at Strand-on-the-Green—the prisoner was in my service, he drove a one-horse cart—I supplied him with oats for his horse—he had no business at the granary, and had no right to the key of it—the oats produced correspond with mine—I cannot tell whether I have lost any, as I have a very large bulk.
Cross-examined by MR. ROBINSON. Q. How long had the prisoner been in your service? A. Four or five years, on and off—we have a man who supplies all the carters with oats every Saturday night—I do not know what journey the prisoner had been on, as it varies very much—sometimes he is out all night—the foreman leaves the counting-house at six, seven, or eight o'clock.
WALTER FORD (policeman T, 225.) On Tuesday, 30th Nov., about seven o'clock in the evening, I saw the prisoner carrying something from Mr. Robinson's granary—on seeing me he put it down on the ground, and stood still until I came up to him—I found a quantity of oats in a nose-bag, and asked what he was going to do with them—he said they were for his horse—I said, "Your stable is not on this side the road"—he was going across the road from the granary; he said, "No, I brought them from the granary"—I said, "Does Mr. Robinson allow you access to his granary when you like?"—he said, "No, do not say anything about it, I got in with a key which I found"—he gave me a key, which I tried; it fitted the lock—there were three pecks of oats in the nose-bag.
GUILTY. Aged 39.— Confined Six Months.
EDWARD TAYLOR. I am a draper, in partnership with Mr. Angell—we sell lace—on 19th Nov. a policeman came and produced this lace to me—it belonged to myself and partner—I had seen it safe in my shop a few days before—there is no mark on it—I can positively swear to this one piece by its being soiled—it was all lost at one time.
Cross-examined by MR. PAYNE. Q. You only know it by its being soiled? A. I know the pattern, and that we had some of that pattern soiled—that is what I swear to it by.
JAMES PAYNE. I am assistant to Messrs. Taylor and Angell—on Friday, 19th Nov., about three or four o'clock, the prisoner came to our shop—I am quite certain she is the person—I have examined this lace, it is my master's.
Cross-examined. Q. Which do you know? A. I swear to six patterns—there is no mark on them—I know which was soiled—other shopkeepers may have the same patterns—I did not serve the prisoner, but I perfectly well recollect her coming—I had never seen her before—Osborne served her—as soon as it was named to me I said I could recollect the female—there were two of them—I never saw the other before that day, nor since—I saw the prisoner afterwards at the police office, when she was examined.
GEORGE OSBORN. I am assistant to Mr. Taylor—I remember the prisoner coming on 19th Nov. for calico and lace—I have looked at this lace—I can remember three or four patterns, but I cannot positively swear to them, not having been long in the employment—I believe there are four patterns belonging to us.
Cross-examined. Q. You could only speak to your belief at one time? A. I speak now to my belief—I do not swear to the prisoner—I remember one parcel of lace more particularly than the other—the marks are taken off—the prisoner bought a parcel to the amount of 5s. 4d., and paid half-a-crown—she left the parcel saying she would send for it, and send the rest of the money, and nobody has ever been for it
WILLIAM CLAYTON. I keep a beer-shop—on Friday night, Nov. 19, I gave the prisoner into custody for something else, and on the way to the station in my cart, I observed her make a stoop forward in the cart as she was sitting between me and my wife—it was about 200 yards up a little unfrequented lane—she recovered herself in an instant—she had muff, her left hand was in it, and her right hand out—she put her right hand into her muff again and sat quiet afterwards—the officer also saw what she did.
Cross-examined. Q. Was it about 200 yards from your place? A. No, 200 after we turned out of the public road—we went to the station, which is at the bottom of Hillindon-hill, about a mile and a quarter; we then came back and found this lace exactly in the spot where the prisoner had stooped forward—there was a male prisoner, the prisoner, the policeman, and my wife in the cart—the charge I made against her was passing a bad halfsovereign.
JOSEPH HENRY TAYLOR , (policeman, T 115.) I was in the cart when the prisoner was in custody—I noticed her stoop forwards—I afterwards went back and examined the spot, and found this handkerchief containing the lace, now produced—the name of "J. Barlow" is on the handkerchief.
Prisoner. I was searched twice, and nothing found on me. Witness. I did search her, but decency did not allow me to do so thoroughly—the bundle of lace was about the size of a quart-pot.
GUILTY. Aged 30.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
GUILTY. Aged 42.— Confined Nine Months.
GUILTY. Aged 18.— Confined Four Months.
MESSRS. ELLIS and ROBINSON conducted the Prosecution.
MARY ANN JUDGE. I am sister to William Judge, of the Hope coffee-house—on Wednesday, 17th Nov., about half-past seven, the prisoner came and called for a pint of coffee—I served him he gave me 1s.—I gave him 11d. change, and put the shilling into a till—I did not then notice that it was bad—the next morning the prisoner came again, had half-a-pint of coffee, and a slice of bread and butter, and gave me half-a-crown—I gave him the change, and put the half-crown into the till—he went away, came back again in half an hour, and was served with some coffee by Emma Griffiths, who gave me a shilling—I took the change to the prisoner, and put the shilling into the till—there was no other money there, not on either of the three occasions—I sent one of the shillings and the half-crown by Emma Griffiths to get change, and found they were bad—the prisoner was taken into custody next morning—I gave the 2s. to Lawrence and the half-crown to my brother.
prisoner came for half-a-pint of coffee—I served him—he gave me 1s.—I did not notice that it was bad—I gave it to Mary Judge to be changed—I did not put it into the till—I did not get change, it was bad—I brought it back, and gave it to my mistress—I then took the half-crown to be changed, that was refused, and I gave it to my mistress again.
Prisoner's Defence. I put my hand into my pocket to pay, and found I had lost every sixpence.
GUILTY. Aged 18.— Confined Nine Months.
MESSRS. ELLIS and ROBINSON conducted the Prosecution.
SAMUEL DEAN. I am ostler at the Swan, Golder's-green, Hendon. On 17th Nov., between ten and eleven o'clock, Kennedy came to the bar and asked for half a pint of beer, for which he gave my mistress 1s.—she said it was a bad one, and gave it him back—I asked him to let me look at it—he did so, and bit it—it was bad.
GEORGE WELLS. On 17th Nov., a little before two o'clock in the afternoon, I was in Wise-lane, near Mill-hill, and saw the two prisoners there together; they were talking, and in company—they were about three quarters of a mile from the Angel—I saw them go up the hill together, and kept them in sight till they got within a quarter of a mile from the Angel.
THOMAS STOCKLEY. I live at Mr. Shaw's, at Mill-street-hill, Hendon. On 17th Nov., a little after two o'clock, I was in Mr. Shaw's garden watching some cattle, and saw the prisoners coming up the road together—they were going towards the Angel, about 100 yards from it.
MARTHA LEMARIE. I am the wife of James Lemarie, who keeps the Angel at Mill-hill, Hendon. On 17th Nov. Kennedy came there alone for half a pint of beer—I served him, and he gave 1s. in payment, and I gave him a sixpence and 5d. in copper in change—he went out—I laid the shilling on one side—I did not mix it with other money—as soon as I was out of the passage White came, asked for half a pint of beer, and gave me a shilling—I told him it was light—I was rather doubtful, and went to a man to ask—I returned it to him—he gave me another—I kept it in my hand for some time—I did not think it was good—White went out—I gave the shilling to a gentleman in the bar—he said it was not good, and gave it me back—I at last gave it to Shayler, the policeman, after marking it—Mann and Sibley went after the prisoners, and they were brought back and given in charge.
White. She took the shilling, put it in a cupboard, and then gave me the change. Witness. I did not.
Kennedy. Q. Was there not another man taken before me? A. Yes—he was not the right one, and I said so—Shayley did not encourage me to
say you were the man—I was certain of you before you came into the house, as I looked through the window and saw you coming along—I recollected your features.
REUBEN MANN. I am a shoemaker at Mill-hill. On Wednesday, 17th Nov., I was in the bar of the Angel, and saw Kennedy go out, and White come in—in consequence of what Mrs. Lemarie said, I went with Sibley in pursuit of the prisoners, not more than a minute after they had left—Mrs. Lemarie gave me 2s.; one of them I put in my waistcoat pocket, and the other I gave to Sibley—there was no other silver in my pocket—I went to a beer-shop kept by Mr. Green, and saw White there—I asked Mrs. Green, in his presence, if he had given her a bad shilling—she showed me one—I returned it to her, and afterwards saw her give it to the policeman—I went after Kennedy, and saw him about a quarter of a mile further on—I went to the post-office, asked something there, and then took hold of him, and said I wanted him for passing a bad shilling at the Angel—White was then coming up in custody, and Kennedy said, "I never saw the man before."
Kennedy. You passed me about 200 yards, why not take me then? Witness. I saw him leaning over some pales, and thought he might have deposited some bad money there—I passed him and went and looked, but I did not discern any—I swear this shilling (produced) is the one I gave to Shaylor—I bit the corner of it.
WILLIAM SIBLEY. On 17th Nov. I was at the Angel—I got one shilling from Mann, and went with him in pursuit of the prisoners—I gave the shilling to Shaylor—this produced is the same—I kept it in my hand all the time—I put two marks on it.
HANNAH GREEN. I am the wife of James Green, who keeps a beer-shop at Mill-hill, about a quarter of a mile from Lemarie's. On 17th Nov., a little after two, White came and asked for a pint of beer—I served him, and he gave me 1s.—I gave him 6d. and 4d. change, and as I was giving it him Shaylor, Sibley, and Mann came in, and Shaylor asked me what money White had paid me—I showed him the shilling—I afterwards marked it and gave it to Shaylor—I know it was the same I had taken from White, by the yellow powder which was on it, and which I had noticed when I took it—White said I did not know which it was.
WILLIAM SHAYLOR (policeman, S. 298) On 17th Nov., between two and three in the afternoon, I accompanied Mann to Mr. Green's—White was there—I asked Mrs. Green in his presence whether she had served him with any beer—she said she had—I asked what money he had given—she fetched a shilling in an instant, and I said, "Are you positive it is the shilling he gave you?"—she said, "Yes"—I told her to mark it, which she did, and I have had it in my possession ever since—I produce it, and also a shilling, which I received from Mann, and one from Sibley—I found no bad money on either of the prisoners.
Kennedy's Defence. I have never seen the bad shilling; I have never seen White to my knowledge.
White's Defence. I had no one with me; the woman did not know what shilling I had given her.
and took him—I did not see Mrs. Green take out two shillings and say she did not know which White had given her.
KENNEDY— GUILTY. Aged 37.
WHITE— GUILTY. Aged 49.
Confined Nine Months.
MESSRS. ELLIS. and ROBINSON conducted the Prosecution.
SARAH HARROD. I am the wife of John Harrod, a chandler, 31, Theobald's-road. On Thursday evening, 2nd Dec., about six o'clock, the prisoner came and asked for half an ounce of tea, and a quarter of a pound of fivepenny sugar—she gave me half-a-crown—I looked at it, and bent it on the edge of the counter, took a knife and chopped it, saying at the same time to the prisoner that bad money was made so good now that I scarcely knew when it was bad—she said she had taken two bad half-crowns herself, she had rather I would deface the money, that I might be sure she should not offer it to any body else—I said she might be sure I should not do that, for I should not give it to her, and she left—I kept the half-crown and produce it—on Thursday night, 9th Dec., between five and six o'clock, she came again for some tea and sugar, and gave me a shilling—I called my husband into the shop, went out got a policeman, and gave the prisoner into custody—I gave the half-crown and shilling to Stevens the policeman—my husband first marked it.
Prisoner's Defence. The shilling was given to me; I did not know it was bad; I never had the half-crown.
GUILTY. Aged 18.— Confined Six Months.
MESSRS. ELLIS and ROBINSON conducted the Prosecution.
MARY REES. I am the wife of Richard Rees, a milkman, in Cross-street, City-road. On Wednesday evening, 1st Dec., about half-past five, the prisoner came for some milk—I served her—she gave me a shilling—I gave her the change, and she went away—I put the shilling on the mantel-piece—my husband came home in about ten minutes and said it was bad—I put it into my pocket where there was on other moneys, and afterwards gave it to Heath, the policeman—on Thursday evening, 2nd Dec., about five o'clock, the prisoner came again for some milk, and gave me a shilling—I asked her was she not there the night before—she said, "No, I was not"—I said I thought she had been—I then had the shilling in my hand—I said it was bad—she said she was not aware of it—the policeman was sent for, and the shilling given to him.
RICHARD REES. On 1st Dec. I saw a shilling on the mantel-piece—on 2nd Dec. I found the prisoner in the shop, and my wife showed me a bad shilling—I fetched a policeman—the prisoner was given into custody with the two bad shillings.
GUILTY. Aged 20.— Confined Six Months.
MESSRS. ELLIS and ROBINSON conducted the Prosecution.
SUBAN EMMA SAUNDERS. I am the daughter of James Saunders, who keeps a public-house in St. Martin's-lane. On Monday, 15th Nov., about seven in the evening, the prisoners came there—Sullivan asked for a pot of porter and gave me half-a-crown in payment, which I gave to my father, who was in the parlour—I gave Sullivan the change—she said I had given her sixpence short; she was very abusive, and my father came and asked what was the matter—he examined the half-crown and said it was bad—he fetched the inspector, and Ward said it was not a half-crown, but a shilling they had given me—I am sure it was a half-crown, there were no others in the till—I had placed it in the corner of the till on a piece of blue paper—I saw my father take it from that place.
Sullivan. Q. Did not your father take the half-crown off the mantel-shelf? A. No; I gave it him myself out of the till.
Ward. I called for a pint of ale, and gave you a half-crown. Witness. You did not, it was Sullivan that gave it.
JOSEPH SAUNDERS. On 15th Nov. my daughter called me into the bar—the prisoners were there, and my daughter asked me if it was a good half-crown they had tendered—I saw her take it from the till; I examined it, found it was bad, I told the prisoners so—they were confused, and going on with a blackguard discourse—I sent the waiter for the inspector, who came, and Ward denied they had given a half-crown at all, and said it was a shilling—I marked the half-crown and gave it to the policeman—it had not been out of my sight from the time my daughter took it from the till and gave it me—before the policeman came I saw both the prisoners take coin from their mouths, and they held it up to me in derision, and they returned it to their mouths again.
Sullivan. Q. Did not you take the half-crown off a little shelf? A. Certainly not—I did not say so at Bow-street.
ELIZABETH JARRETT. I am the wife of Francis William Jarrett, who keeps the Plasterers' Arms, in Little Marylebone-street. On 26th Nov., about two o'clock in the afternoon, the two prisoners came there—Ward asked for half-a-quartern of gin—I served her—she gave me a good shilling, and I gave her a good Victoria sixpence and fourpenny worth of halfpence—they asked for a bit of lemon, I turned my back to get it, and when I came back, Ward said the sixpence was not good—my husband came out of the parlour and bent it—I am certain it was not the sixpence I had given her—the sixpence I gave was a good one—I have no doubt of their being the persons—they took the bad sixpence away with them.
AMELIA WALLIS. I am the wife of Joseph Wallis, who keeps the Rodney's Head. On Friday, 26th Nov., the two prisoners came to our house—Ward called for three half-quarterns of rum—I served her, and told her the price, 7 1/2d., she put down a new sixpence, and a man who was with her gave the odd three halfpence—I put the sixpence just inside the till, when Ward asked me for a biscuit—I handed the biscuit to her, and Sullivan had
one also—Ward put a shilling down, I gave her an old plain sixpence—Ward said, "Will you oblige me with three halfpence?"—I said, "Certainly"—I took the sixpence from the counter, and discovered the one she had put down was a new one—I bent it and said, "This is not the sixpence I gave you"—she said, "Do you mean to say it is not the sixpence you gave me"—I said, "Certainly not"—Sullivan said, "Let me look at it;" she did so, and said it was a good one—there was a third woman who looked at it, and said she would go out and get it changed—she took it out, and came back with one in her hand, and said it was quite good, but she had not got change for it—I said, It was not the sixpence the woman had just offered, and I should not give her change for it—Mr. Jarret came in and gave them into custody—the last sixpence was passed on to the man—I gave the first six—to the serjeant—I marked it—this is it.
Sullivan's Defence. I did not give the half-crown.
SULLIVAN— GUILTY.* Aged 23.
WARD— GUILTY. Aged 23.
Confined Six Months.
MR. ROBINSON conducted the Prosecution.
SUSAN WILLINGALE. I am bar-maid to Mr. Mangles, at Knightsbridge. On Thursday, 9th Dec., between six and seven o'clock in the evening, Walker came and called for some spirits and water, and gave a good half-crown I gave him 2s. 4d. in change—I went into the bar-parlour, and is about five minutes Walker called me out again, and asked me to give him two sixpences for a shilling—he gave me a shilling—I felt it, it was quite greasy, and told him so—he said he felt quite confident that I had given it him, and he had no more money about him—I am quite sure the shilling I gave him was good—the shilling he gave me was not one of those I had given him—he said if I disputed his word he would take it back, because he could pass it to some bus-conductor—the shilling was kept, and given to Mr. George.
Walker. Q. Did not you give me two sixpences? A. I gave you a shilling—I did not put the shilling into the till and take two sixpences out.
---- GEORGE. Willingale gave me the shilling, I gave it to the policeman.
THOMAS LLOYD. I keep the Brown Bear, Knightsbridge. The two prisoners and another came there about seven o'clock on Thursday, 9th Dec., and asked for a skittle-ball, to have a game at skittles—according to the custom Gorman gave me a shilling on the ball, which I threw into the drawer where there was no other shilling—they went into the skittle-ground and played a sham game—Walker had a pot of beer, and gave me a good shilling for it, and I gave him change—when they had done their game they came in, and I was going to return them the shilling, but Walker said he would have a screw of tobacco, and 11d. change—I gave it him, and they left—on putting on my spectacles, and looking into the drawer, I found the shilling was a rank bad one—I put it under a pint pot by itself—the prisoners came in again an hour afterwards and went into the skittle-ground—Walker left another bad shilling on the ball with my daughter—she brought it to me, and I went for a policeman—they came in after their play, called for some
gin, and Walker never asked for the shilling—I locked them in, sent for a policeman, and gave it to him.
Gorman. I was not in the ground. Witness. I have not the slightest doubt in the world of him.
SARAH LLOYD. I am the daughter of the last witness—the prisoners came to our house—I am quite sure they are the same men—they gave me a shilling, and on finding I could bend it with my teeth I went and gave it to my father, and ran for a constable—I saw the first shilling put under the pint pot.
GEORGE TEWSLEY (policeman.) I received charge of the prisoner Walker—Mr. Lloyd gave me two bad shillings, which I produce—I searched Walker, and found on him a half-crown, two shillings, and sixpence, in good money—I produce a shilling I received from Mr. George.
Walker's Defence. I went to the house to have a game with an old soldier, not Gorman; I won some money of him; he paid me; whether it was good money or not I cannot say, but if Mr. Lloyd received any bad money, it must have been what I won from that man.
Gorman's Defence. I deny being there.
GORMAN— GUILTY. Aged 18.
WALKER— GUILTY. Aged 23.
Confined Nine Months.
MR. ROBINSON conducted the Prosecution.
JAMES EATON HOOKHAM. My father keeps the William the Fourth, Eyre-street-hill. On Wednesday, 24th Nov., about a quarter past nine o'clock, the prisoner came for some rum, and gave me a counterfeit shilling—I said, "This is counterfeit"—he said, "Give me a pennyworth of rum," and asked for the shilling back again—I refused, wrapped it in paper, put it into my waistcoat-pocket, went out, saw a policeman, and pointed the prisoner out—he went after him, and brought him back—I gave Jackman the shilling the same day.
HENRY THOMAS JACKMAN (policeman.) On 24th Nov. I was called—I followed the prisoner, took him, and told him the charge—he pulled some money out, swallowed four or five pieces, and said they were just like bread and butter—one shilling dropped out—(produced)—I also received a piece of coin from Mr. Hookham.
Prisoner. I had no pocket in my trowsers. Witness. I searched one, and was about to search the other, when you put your hand in, took the money out and swallowed it.
Prisoner. I had only one piece about me.
GUILTY. Aged 20.— Confined Six Months.
MESSRS CLARKSON and ROBINSON conducted the Prosecution.
RACHAEL MILLER. I am the wife of Thomas Miller, of 29, London-street, Stepney—he is a tenant of Mr. Flight's, and owed him 6l. last Michaelmas—I paid it myself to the prisoner, he gave me this receipt (produced.)
Cross-examined by MR. BALLANTINE. Q. Was that for a quarter? A. Yes; it was paid on the day it bears date.
SARAH LINES. I am the wife of John Lines, of 36, London-street, Stepney, he is a tenant of Mr. Flight—on 27th Oct. I paid the prisoner 5l. 15s. for rent due at Michaelmas—he gave me this receipt (produced.)
Cross-examined. Q. You were a quarterly tenant? A. Yes.
Cross-examined. Q. Were you a quarterly tenant? A. Yes.
MORRIS JONES. I am clerk to Mr. Flight, of Bond-court, Walbrook, the prisoner was in his service—his duty was to collect the weekly rents, and occasionally the quarterly rents—he was paid a weekly salary of a guines and a half—what he received one day he had to pay me next morning—he has never accounted to me for 6l. received of Mrs. Miller, on 27th Oct., 5l. 15s. of Mrs. Lines on 27th Oct., or 5l. 10s. of Mrs. Alforth on 28th—the receipts produced are in his writing.
Cross-examined. Q. What is Mr. Flight? A. A gentleman—he has large estates in houses and landed property—he occasionally discounts a bill—he does not keep an insurance-office—sometimes he has got a friend to insure his life for security—he is not a money-lender—he may have 700 or 800 tenements from which weekly rents are collected—I cannot say to a hundred or so, he may have 600 or 700 from which the rents are collected quarterly—we have a quarterly collector, he is sixteen or seventeen years of age—when he could not enforce payments the prisoner used to get it—it was his business to enforce the quarterly payments, when I instructed him, but not without—I swear positively he had no right to collect quarterly rents without instructions—I did not instruct him to get Miller's, Lines', or Alforth's rent—I have our pass-book her (produced)—on 3rd Nov. he paid me 13l. and 1l. 10s. 6d.—that was the first time he paid me after 28th Oct., but this book merely alludes to the weekly tenants—this is the cash-book (produced)—you will find the weekly tenants entered and classified, and the amounts paid are passed to his credit—there is no entry here to show that these payments only allude to weekly tenants—if he received a quarterly account he would pay it to me, and I should enter it in his presence, not in this book, but in the other—he generally brought me a list—he did not bring me one on 27th, only for his expenses, 3l. 13s.—if he had not received anything from the quarterly tenants he would not bring a list—if he brought money from weekly tenants he would put it down in the book—I do not know London-street—my master has a great many tenants there—they are set down in the books as weekly tenants, but they are very respectable people, and weekly payments are not enforced except with some of them—I believe the prisoner has had to put in distresses—I received nothing but what the tenants owed—the prisoner received his instructions from Mr. Flight in his private office—I may have heard in general conversation that the prisoner remonstrated about putting in distresses to particular people—I do not recollect his saying it was very hard thing to cast that business upon him, or beg that he might be relieved from it—he has not said it to Mr. Flight in my presence that I am aware of.
MR. ROBINSON. Q. Is he broker himself? A. I believe so—he has all the profit when he distrains—he would collect weekly tenancies, which were allowed to go on, and become quarterly—I believe Miller, Lines, and Alforth, were weekly tenants, but were collected from quarterly—the amount paid on 27th Oct. consisted of weekly tenants—I enter the amount in a
lamp in the cash-book—the prisoner puts down in the books belonging to each estate, who are the parties who pay him the money, and I examine the adding up—those books are not here—he and I agreed in the amounts every week—the books were made up by the prisoner—I can undertake to say that I have never received these three sums—the prisoner sent a letter and admitted having received so much money—that was after I had been to his house—a clerk went with me—the prisoner was in bed—we told Mr. Flight, and he said we had better see him to-morrow, as he should like to know the amount of his deficiencies—I cannot tell that I told him it would be better for him to say the amount—if I did say so, there was no promise of forgiveness—I might have said so.
MR. BALLANTINE. Q. Is this letter in his writing?—(producing one.) A. I should say it was, without any hesitation.
MR. ROBINSON. Q. Look at both sides? A. Part on one side is not his—the figures and the letter are both his—this relates to a further deficiency which he did not acknowledge—this is the London-street book—these amount are what the prisoner received, and whatever they amounted to in the week it was his duty to hand over to me—here is 6l. put down to Mr. Miller, of 29 London-street, on 27th Oct., but it is not entered by the prisoner—I have nothing to do with this book except examining the addition—it was his duty to enter the amounts in it—here is 5l. 15s. down to Mr. Lines, but it has not been received—it is in red ink, in the writing of the collector, who went after the prisoner—this 5l. 10s. to Mrs. Alforth's account is not in the prisoner's writing.
COURT. Q. When was it you to his house? A. On a Sunday, about 20th Nov.—this letter was sent on the following Monday.
THOMAS FLIGHT. I live in Bond-court, Walbrook—the prisoner was my collector, and was paid a weekly salary—he has never accounted to me for 6l. received of Mrs. Miller, or 5l. 15s. of Mrs. Lines on 27th Oct., or 5l. 10s. of Mrs. Alforth, on 28th Oct.—I have no doubt this letter is his writing.
Cross-examined. Q. Did the prisoner come to your office after you had discovered what you call certain defalcation? A. Yes—he requested to be allowed to make up his books—he told me he had paid over some of the sums he had collected from the quarterly tenants, instead of payments he had received from weekly tenants, and he did not believe he owed me anything in the balance.
Q. Did he bring you a list of sums that he had paid which he had not received? A. His statement was, that he had paid in several small sums which he not received—I said, "Admitting that to be true, you have done what you have no business to do, you have lent money to theses people; and secondly, if it is true it only goes to the extent of that amount, and it is idle to say a few pounds would be a set off to 60l. or 80l."—I do not believe he pretended that there was a balance in his favour—I cannot say how many tenants have not paid—I should say there are very few—I believe, not 10l.—he asked to be allowed to go round to the tenants and point out the people who had not paid, but I refused to have anything more to do with him—I said, "If you have paid money through them, it is a loan from you to them, and I have nothing to do with it"—I do not know that I said he ought to have distrained—I have often said so—I have not complained of his compassionate feeling—I have complained of his neglect—I make it a rule in cases of sickness, or any extraordinary accident, always to forgive the rent—I have heard that the prisoner has been out of his mind—I sent my
clerk to him—I have no doubt he was ill—I do not know that he was insane—I heard from his wife that in a state of insanity, he had lost the book containing his accounts—she came to me in great distress—it was proposed that an advertisement should be put in the paper—I did not draw one up or tell her to do so—she said she should do it, and applied to me to pay for it, which I declined—I did not see the advertisement.
MR. ROBINSON. Q. You never authorized an advertisement? A. Certainly not—my clerk went to the prisoner by my directions—I am afraid the prisoner's defalcation amount to nearly 100l.—I saw no paper or account produced by the prisoner.
MR. ROBINSON conducted the Prosecution.
JOSEPH BECK. I rent four house of Mr. Flight, tow in London-street, Nos. 16 and 49, and two in Sally-alley—I live at 49, London-street—on 20th Oct., my wife paid the prisoner 1l. for the rent of those houses—I met him in the street, and he told me he had changed a 5l. note and received the money—I had agreed to pay the money weekly for all the houses—it was 9s. for No. 16—8s. for 49, and 3s. for the two in Sally-alley—on 27th I was present at the time the 1l. was paid to the prisoner, who made an entry in this book—(the entry was 1l. on 20th, and 1l. on 27th.)
Cross-examined by MR. BALLANTINE. Q. Where is London-street? A. At Ratcliffe—I underlet the houses—there may be 100 other houses in London-street—the greatest part of the property there belongs to Mr. Flight—I do not know that any of them were empty about Oct.—one of my own was empty, and I was paying rent for it—is very seldom any house lies there long empty—I know Frankson's house, that might have been empty for week or so.
MR. ROBINSON. Q. Whether it was or not, you do not know? A. Yes, I remember a Mr. Dunbar agreeing for the house before Frankson went out.
MORRIS JONES. The prisoner did not on 20th Oct. pay me 1l. from Mr. Beck, or another 1l. on 27th—the meaning of the letter "e" in this books, is empty—it was the prisoner's duty, if a house was empty and no rent was to be expected from it, to put "e" there—this is the book in which I used to add up the amounts, and see whether they corresponded with what the prisoner gave me—when I saw the "e," I did not expect any rent—there is an "e" against No. 49, on 20th and 27th also—if the prisoner received the 1l. from Mr. Beck, it was his duty to put "9s." there instead of "e"—I should then expect 9s. from him—the house, instead of being empty, was occupied at the time.
Cross-examined. Q. The 1st Nov. was almost the last account that he rendered, was it not? A. That was the last weekly account that the brought—he has put down 24l. on 8th Nov., but never paid that over to me—he has not entered these two sums of Mr. Beck's at all—his duty was to pay over the weekly rents—the last time I saw him at the office was on Thursday, 4th Nov.—the amount in this book have no reference to his deficiency—here is an entry of 5l. on 6th Nov.—that was brought by his wife and given to Mr. Thodey, who gave it to me—I have entered it there as received of Mr. Thodey—I do not recollect her bringing 31l. on the 10th—the sums down there are from other collectors—the 5l. his wife brought was collections that were in his house—Mr. Flight used to call over with the prisoner the
amount received from each tenant—he paid the amount over to me after I added up the book—this book was kept by me and him together—I gave him credit for what he brought, I kept the book—he had not to enter afterwards in another book—the entries were made in that book before it was handed to me—he made it up every week, but accounted to me every day by Mr. Flight's request—the accounts were settled every week.
MR. ROBINSON. Q. What was the 5l. that his wife brought on account of? A. You will find 20l. 14s. entered there on the 8th, that was never handed to me by the prisoner, and the 5l. went on account of those amount together—I was not present when his wife came—I do not know of any other sum being paid by the wife beside the 5l.—if there had been any other it would have been handed over to me.
JURY. Q. How long had the prisoner been in the situation? A. About fifteen months—I cannot say what character Mr. Flight had with him.
THOMAS FLIGHT. I believe the prisoner left my service on 4th Nov.—on 8th Nov. there was 20l. 14s. due—the different amount in this book composing that sum are the prisoner's writing—I have received no portion of the 20l. 14s.—I believe the prisoner made no entry in this book after 4th Nov.—he was not permitted to write in it after that—these entries, charging himself with 20l. 14s., must have been entered by him before 4th Nov., before the 5l. was paid by his wife.
Cross-examined. Q. Do not you know that his wife paid two more sums, 8l. and 6l.? A. Really I do not—I know of one particularly, because it was on the morning after he was missing—it was something like 6l.—I do not know of two more sums—I do not know that she paid 8l. besides—I never receive money myself—I do not know that 6l. and 8l. have been paid since the prisoner left the service—I am in great doubt about it.
WILLIAM BRUCE (policeman, N 102.) On 23rd Nov. I took the prisoner into custody at his house—I told him I came to take him into custody on a charge of embezzlement—he said, "Oh, my God, what shall I do?"—Mr. Jones and he had some conversation, and he then said, "I never took the man's money; I never took any money from him"—I conveyed him to Islington station-house, and from there to Bow-lane station—on the way there, he said, "If I confess, will it be better for me?"—I gave him the necessary caution, and said if he said anything to me I should give it in evidence against him—atthe station-house, after the charge was taken, Mr. Jones asked if it was necessary to bring the receipts against him—the prisoner said, "You have no occasion; I admit it all."
Cross-examined. Q. Admit all what? A. It was after the charge was taken—I understood him to admit the charge of embezzlement—I think the word "embezzlement" was used—I will not exactly swear it—I said I came to take him on a charge of embezzlement—Mr. Jones and the prisoner had had some talk together at the prisoner's house—it was after that that the prisoner said, "I admit the whole"—it was immediately after the question about bringing the receipts—I was outside the door during the last trial, ready to be called—they did not ask me anything at the police-court—I was not put into witness-box—Mr. Hobler conducted the case for the prosecution—he knew I was there—he saw me, knew who I was, and that I had taken the prisoner into custody—I was bound over.
GUILTY. Aged 30.— Recommended to mercy by the Jury.— Confined Four Months
(There were two other indictments against the prisoner.)
NEW COURT.—Monday, December 13th, 1847.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. RECORDER; and Mr. Ald. MUSGROVE.
Before Mr. Recorder, and the Fifth Jury.
MESSRS. CHAMBERS, BALLANTINE, and HUDDLESTON conducted the Prosecution.
JULIUS SAMUEL KERIE. I am a native of St. Christopher, in the West Indies. I arrived in London, having gone to America, on 14th or 15th June—on 15th July I went to Cremorne-gardens—I was smoking a cigar there, and the prisoner Barr came up to me—I saw no one with him—he asked me to give him a light for his cigar—I did so, and we got into conversation—we walked about the gardens, and eventually got to where the fireworks were—I am not exactly certain that I told him in the gardens where I had come from, but I did tell him—we remained in the gardens an hour, or an hour and a half, and left together at the time the gardens closed, I think near eleven o'clock—I intended to have come to town by the omnibus, but Barr said he was going by the boat, and there was a balloon going from Vauxhall, and I went with him—we landed at Vauxhall-bridge or Waterloo-bridge; I think it was at Waterloo-bridge—no one spoke to him on board the boat—when we landed, my cigar was out—I said I should like another cigar—Barr said he knew exactly where I could get a very good one, and he took me to Outhwaite's, a cigar-shop in Little Russell-street—we had talked about places we had stopped at, and he told me he had come from Jamaica, and he was managing estates out there for a cousin of his—when we got to Outhwaite's, he said we West Indians were fond of a cup of coffee, would I join with him—we had some coffee, and while we were drinking it two men came in, whom I now know by the names of Lewis and Carter—they then went by the names of Stevens and Harrington—they did not appear to know Barr—after they had been in a little while, they were discussing some point of whist—there was some bet, apparently, on the point—they referred to Barr and me for our opinion—we had some discussion on the point, and one of them proposed that a pack of cards should be brought in, that the point might be more clearly exemplified—a pack of cards was brought in by the man at the bar, on the application of either Lewis or Carter—the point was then discussed again, and then we commenced plying for coffee and cigars—I do not know who proposed it, but it was proposed to play for coffee and cigars—we then began to play for a shilling—Barr was my partner, he being my friend, and Lewis and Carter were friends—I know the game of whist—I have played it—I took up a hand that I considered a very winning hand, a hand that appeared impossible to lose—I had four honours and the two highest trumps, nine and ten—it was a beautiful leading hand—I had, I think, the ace of spades—I had no diamonds at all in my hand—hearts were trumps—when I saw this hand I laughed at the idea of playing such an extraordinary hand—Lewis had dealt it to me—when I said I had got a most extraordinary hand, Lewis said, "If any one would give me six to one, I should not mind betting him on the odd trick"—I thought I would give him the odds, as I was certain of winning it—I said any amount that he would bet I would bet
him—I thought there was no possibility of losing it—I was the eldest hand and the first player—I sat next to Lewis—I said, "If you will bet, I will bet you 30l. at six to one"—Barr said, "If you have got such a good hand, I don't mind betting it," and he made his bet too—I do not know whether it was 20l. or 25l., but he had to place down his watch—I played off the six trumps and the ace of spades I believe, and that was trumped by Lewis—I cannot exactly tell what I had beside, but I know I had no diamonds—Lewis brought in his diamonds—he had been seven trumps to my six, and he had a suit to follow—neither his partner nor mine had any trumps at all—Lewis and I had all the trumps—when this was lost, I paid a 20l. bank note down—I had to leave my watch for 10l. more, and Barr put down his money and watch—I did not examine Barr's money—he had the arrangement of it with Lewis—after I had lost the odd trick we separated, and I and Barr went on to Evan's—I asked Barr if the watches were safe—he said he supposed that these men were known to Outhwaite, and we should get our watches the next day—I had received their names—Lewis was Stephens, and Carter was Harrington or Carrington—those names were given in the presence of Barr—Stephens was the betting-man—after going to Evans's, Barr and I went home together—he lived at St. John's-wood—I told him I was much astonished at my losing this trick—he said it must have been my bad playing—Stephens had given his address at the Tavistock Hotel, Covent-garden, and Barr and I were to go there the next day to redeem our watches—Barr called at my place next day, I think between three and four o'clock, and we went together—we met Lewis just in Covent-garden Market—he said he was just going out, because we had not been to our appointment—I believe we were some half-hour behind our time—Lewis said he had the watch at a certain place, and he would go and redeem it, if I did not mind going into this littler place—I have since understood it is the Bear and Ragged Staff, in Castle-street—I do not know whether he had the watch about him, or whether it was there—I got my watch there, and paid my 10l.—Barr then paid his money and redeemed his watch—Lewis then said that he expected Carter very shortly, and there was some proposal made to play—I said it was about my dinner hour. I wanted to go home—I and Barr went away—Barr made an appointment to meet me at Evans's, and I met him there—we went to the Bear and Ragged Staff—they had taken the rooms—I heard them tell the man they would be there at seven o'clock—Barr and I went there, and met Lewis and Carter—we all four sat down to whist—Barr was my partner, as before—we played for a bet, and I lost 100l.—I had a hand that I was induced to bet on against a good hand—Lewis dealt it—the bet was got up the same way as he other—Lewis looked at his hand and said, "I don't mind making a bet"—the bet was the last hand we played, but before that we were playing a match, which could get the greatest number of rubbers—we played a good while, and this heavy hand was given to me—Lewis looked at his hand and said he did not mind taking a bet, if anybody would give him odds—I looked at my hand and said, "I have a most extraordinary hand here"—Barr looked at his hand, and he encouraged me by saying he would join in a bet—I cannot tell whether I led, but I lost the odd trick in the same manner as before—it was quite unintelligible to me—I lost 100l. on the that bet—we had been playing before for trifles—I had not own any other bet—this was the closing bet—I believe we were best off in the rubbers—I cannot tell what we were playing for, it was so much stake for a match—I think it must have been pounds—I might have won from Lewis a few pounds—I think I paid 50l. in a Bank note, as near as I can remember, and I again deposited
my watch—we then separated, and Barr and I went home together—Barr said he found I was not equal to play with these men—he said, "I will bring a man that will play the two of you, or any two men in England"—he then said it was Mr. Carlile, and Wyndham Club, of which Barr said he was a member, and Carlile and Barr were to play these two men, and I was to go in to back Barr—Barr invited Lewis, Carter, and myself, to meet Carlile at his house on the following Wednesday—Barr and I then went home together—I said to Barr, "I think they must have been cheating"—he said it was impossible, he had watched them all the time as closely as possible, it was only my careless way of playing—on the following Wednesday I went, according to my engagement, to No. 1, Manning-place, St. John's-wood—I only found Barr there—he said he had seen Carlile play repeatedly at the Wyndham Club, and no man could beat him—he seemed to be anxious about dinner—Lewis came, and we sat down—he would not wait for Carter—Barr received a note from Carlile, stating that his father was ill, and he could not come—Carter came at last, and after dinner Barr said, as Mr. Carlile could not come, he supposed these gentleman would not expect him to forfeit the stake—there had been a bet made of 5l. or 10l. to bind the match—they said we had behaved so honourably, that they would expect to play in out another day—Carter and Lewis then left, and I was introduced to Mrs. Barr—I was asked how I was going to pass my evening—I had just come from a concert that morning, and was going to a ball that evening at Hanover-square Rooms—he asked Mrs. Barr if she should like to go—she went up to dress, to go, and Barr and I sat down to play at ecarte—he said the way he had been accustomed to play at ecarte was, if he won the first hand he would double it—he said, "A man cannot win ten times or twenty; if you win a game it will be clear, and then go on again"—we went on, till at last he got me up to 60l.—I said then, "I will leave off"—he said, "I will give you another chance, make it 100l., or nothing"—we played that game, and he won it—after that, he, and I, and the lady went to the ball—this was on Wednesday, and on the following Saturday I received a communication from Barr that Lewis had sent him an invitation to go down to Greenwich to play off this match, as Mr. Carlile had not come we must play it—we went on Saturday, 24th July, to the Yacht-tavern, at Greenwich; but previous to going down, Barr said, as I thought these men had been cheating us, he would take a pack of his own cards down, so that there could be no possibility of these men cheating us; as we were going down to an out-of-the-way place, cards could not be got, and these were to be introduced, and he would say he had brought them down with him that there might be no difficulty in getting them—while we were entering the railway carriage we saw Carter—Barr seemed to be disgusted with him—he said, "There is that fellow again, he is always in the way"—we were rather behind our time, and he thought he would be there before us—the observation he made was that he did not wish to see him—he said he was a sort of pig, that ate fish with his knife; and that they got betting about cannons, and that Carter got betting about cannons before invented—Harrington was the name I knew Carter by then—we dined at the Yacht and after dinner we went into a private room, the cards were introduced by Barr, and we ordered wine and nuts—there was only one pack that I saw—Barr said, "I have brought down a peck with me"—we sat down to play our match—we were to play for so many hours—there were different bets on the points, and so much on the match—we were one rubber a head—I had a most extraordinary hand—I was dealt nine trumps, and a very fair hand beside—I do not recollect what the others were—I said what an extraordinary hand I had
again, and Lewis wanted to bet—I said I had been so unfortunate by losing twice, that I would not bet—Lewis had dealt me that hand—Barr looked at his hand, and said, "My hand is such, that I should think I could give any one three to one on my hand"—he was my partner—after this a bet was made, Barr 150l. and 1 150l. against 100l—that was 300l. to 100l.—I led off my trump, which was a heart—I said "Trump"—Barr said, "O, that is not trump, diamonds are trumps,"—and there was a great dispute about the trumps—he thought these men had changed the trumps—I said "No," hearts were trumps and we must abide the bet—I lost the odd trick because my partner had no hand—I think the heart I led was a three of hearts, the smallest I had in my hand—the end was that I lost the odd trick, and Lewis again had the command of all my trumps—I cannot tell how he did it but he again had it—when the odd trick was lost Barr thought it was through carelessness—he put his hand up to his head and said he was distracted—I got up—they asked me to go down and take a glass of soda-water—I went down and took one—Barr would not take anything—he got up and came away—the bet always finished the evening play—I had a 100l. note in my pocket—I produced it on the table, and of course I left my watch for 50l.—Barr put down his watch and some money, or what appeared to be money—I always betted for more then I had—they knew the value I put on my watch—they would have taken it for any money—we all came to town together—the omnibus took us up—we made an engagement to meet again, as the match had not been played out—I was to meet them on Monday morning to pay the 50l.—on Monday morning the 26th, Barr came to my place—I said I could not make it convenient to pay the 50l. that day—he said, "We will go and arrange about it"—we went—I saw Barr pay the money to redeem his watch—I did not see him take his watch out of the man's hand, but I saw him with it, and he had it not before—I made an arrangement to pay on 3rd Aug.—I left my watch because I could not pay that day without selling out—I met Barr on 3rd Aug., and accompanied him to Doctors' Commons to prove my father's will—it was necessary there should be two witnesses to the bond—they were Barr and Stephens—this is the bond—before I went there, I had been with Barr to the stock-brokers, and sold out 200l. it fetched about 180l. 10s.—Barr had said he could get his friend to sign as surety, and he left me at Doctors' Commons and brought Lewis with him in a cab—Barr said, "My friend was out, and luckily I met with Stephens" (we had appointed to pay the 50l. to Lewis that day)—Lewis signed the bond, and I paid the 50l. and got my watch back—of course the match was still pending—Barr brought me letters on different occasions saying, this man Stephens was worrying him to play out the match, and he wanted me to write him a note to say what I would do—I said "No, you have been corresponding with him, you must correspond with him, I will keep out of the way; I will not play with him, let the matter die off"—I said I would not play any more with Carter or Lewis—I expressed that several times, and Barr expressed himself just as willing as myself not to meet him—I still continued to associate with Barr—we were very intimate—he proposed to me to go into the country—he said he was going to Ramsgate for a few weeks, and was going to take Mrs. Barr—after he had been there a week he wrote to me to go down—I did not go—after he returned from Ramsgate he called on me and said he was very sorry I had not been down, and asked me to go down with him to Boulogne—I did not go—I expressed a wish to see Windsor Castle, and I left London with him to go there on 2nd Sept.—he told me he had some friends shooting near Windsor, and if I was fond
of shooting, we might have a shot in our way down—I proposed to go by the railroad, but he said a gig would be more pleasant, and it would only cost about 15s. apiece—we started at six or seven o'clock in the morning on the 2nd of Sept.—we got to Iver, and went to a little inn on the road called the Crooked Billet—we found Mr. Brewer there taking his breakfast, Mr. Harrison, and another gentleman, whose name I forget—after we had been there some time Mr. Ralfs came in—Barr appeared to know Brewer—he went up, and addressed him quite familiarly, and Ralfs too, when he came in—Ralfs and Brewer appeared to be intimate—they told me they were going out shooting 10l. a side, to see who would shoot the most birds—Brewer then asked our intention respecting retuning—we said we intended to return to London that night, and he gave us an invitation to come and dine with him at the Crooked Billet—they went out on their own sport—I had noting to do with the shooting—I went over Windsor Castle, and I and Barr came back to the Crooked Billet—we found there Brewer, Ralfs, and Harrison—Barr and myself dined with them—there was no wine—there was a good deal of beer and spirits—before dinner I had been running, and had sprained my hip—after dinner we proposed to come up to town, but Barr said it was very late, the roads were very intricate, he was not well acquainted with them, and it might injure the horse, and as I was unwell it was best to remain there—a gentleman came in, and then he left—Barr said to Brewer, "Well, Charley, will you like a game at 100?"—Brewer consented—I was asked it I would join, and I consented—Ralfs was asked, and he consented too—Mr. Harrison did not play—we played a considerable time, and the landlord sent two or three times to check it—I do not know that he know we were playing at cards, but keeping the house open so late—I do not know who produced the cards on that occasion—they were produced—I cannot say how—I had played 100 before—this was unlimited 100—the last player was obliged to play out—the pool could not be given up—I could not throw up my hand—I was obliged to play for whatever amount was in the pool.
COURT. Q. If a party declines to play, he only loses the stake he puts in; but if he goes on, he must play and lose the whole, if he loses any? A. Yes, if he were the last player.
MR. BALLANTINE. Q. What was the amount you lost that night? A. 159l. 8s.—we kept the account ourselves—I cannot exactly tell who summed up the account—we kept the cheeks pretty well—I lost to Brewer 96l., to Ralfs 36l., and to Barr 27l. 8s.—I had no money to pay—we went to bed that night—the accounts were to be settled the next morning—Barr eventually gave Brewer a check or paper (I did not see it) for his portion, and Ralfs a check for his—I had noticed in the course of the playing that Ralfs made one or two false plays, and he had to be lood for it—the effect of that course would be to get a large amount in the pool—there was no money passed at the time, it was only on memoranda—after the game got to a great amount I lost the 159l.—we all noticed those mistakes of Ralfs, and the impression on my mind was that he did not understand the game—I came to town the next day with Barr—I went to my stock-broker, got the money, and paid Barr 159l. 8s. into his hands, and 80l. that I owed him on the ecarte game—Brewer and Ralfs said at Iver that they had come down to shoot the day before—nothing occurred to induce me to think that they expected to be met there—on the following day, I think, Barr called on me, and told me he had a letter from Ralfs to invite me and him to meet him and Harrison at the Gloucester Coffee-house, Oxford-street, and he had sent me a brace of birds from the gentleman, with an apology that he had not come the day I
left—Barr said he was to have left for the country on the Sunday morning, but Mr. Ralfs gave such excellent dinners that he should make it a point to come up from the country on the Tuesday to dine with him—Barr called on me on the appointed day, Tuesday, 7th Sept.—I went with him, and dined with Ralfs at the Gloucester Coffee-house—there was no one there but Ralfs, Brewer, Barr, and myself—they made an excuse for Harrison, who was gone to the theatre, and my remark was that I should have preferred a good dinner to going to the theatre—after dinner we played—I cannot say who produced the cards, but we played too, the same as at lver, and in the same manner—Ralfs appeared to know the game then—he won that night—it was unlimited loo—I said if the play got beyond 50l. I would not play—if a club was turned up every body must play; but I said if it got beyond 50l. I would not play club-law—I lost 900l.—I lost 250l. or 225l. to Ralfs, and nearly 500l. and the balance to Barr—I did not keep the exact amounts—Barr gave checks immediately for them—I did not read them—they were satisfied with them—I was to pay the money into Barr's hand—I told them I had no banker—I went the next morning with Barr and sold out 1000l., which was 870l., and I and Barr got into a cab and went to my lodging—I paid him the remainder there—Barr left me, to pay those checks, and to go into the country—that was the last time I played—after this, about the 8th or 9th of Sept., I received a note from Ralfs; he wished to see me—I called to see him at the Gloucester Coffee-house—he asked me what I intended to do that evening; he was going to the theatre, and his object in writing to me was to know whether I intended to go to the Doncaster races—if I would go be would go down, but he did not wish to go with Barr—he asked how I became acquainted with Barr—I said I picked him up in London—he said, "Oh!" or something, and he said no more—he then asked what I would do the next day—he said a friend of his, Mr. Gammon, was lame, and he had given him the privilege of shooting over his grounds—he asked me to go, but I declined—he asked what I intended to do on the Saturday—I said I was engaged then—he said Brewer and himself were going to Richmond to dine on Sunday, and he invited me—I accepted it—on Sunday I sent him an excuse—I did not go—Ralfs came to me on Monday about eleven o'clock—he said what was the reason I did not go—I said I had an engagement—he said he thought I was lazy, and he proposed that I should go with him to Brewer's to see some game fowls—I said I expected a friend to be with me; if he left me in time, I should be there about one o'clock—as he was leaving the room I said, "I hope that money with Barr was quite right"—he said, "Yes, quite right"—this was on Monday, 13th Sept.—when I returned home in the evening I received a letter from Ralfs, saying he wished to see me very particularly, and one from Barr, not to see Ralfs and Brewer till I had seen him—the purport of Ralfs note was that he wished to see me very particularly relative to the checks—Barr called on me on the Tuesday or Wednesday morning—his face was very much swollen—he told me he had met with an accident in shooting—his gun had kicked him—he asked if I had had a letter from Ralfs—I said, "Yes, about the checks"—he said a most extraordinary thing had happened to him in going down by the train, he met a friend who said, "Do you know Ralfs has been shooting at a pigeonmatch and cheating?" and he said he did not go and pay the check—Ralfs called on me and said, "Did you see Barr?"—I said, "Yes"—he said Barr had been there to ask what business he had to write to take me down to Windsor—he asked me if I saw his face—I said, "Yes, his gun had kicked
him"—he held up his fist and said, "That is the gun that kicked him"—I went to Ralfs and Brewer, and they wanted me to go to take Barr—Ralfs said if I left the country the checks would be no use to them; Barr would not pay—Ralfs handed me the check, and Brewer said, "Did you observe the check I paid Barr?"—I said, "Yes, there was a little bit torn out"—be said he did it for a private mark—it was on the Union Bank—after this I was with Brewer, Barr, and Ralfs, at some hotel in Covent-garden—Barr. before he left, gave me an invitation to dine at his house, and he wrote from the country for me to go to dine with him—Brewer agreed with me that we should go as mild as possible to get the money from him—they said, after he had seen me they thought he would he honourable enough to give up the money—Brewer said he would go and order the dinner, and the four of us should meet at this hotel near Covent-garden—I went and met Barr—we went to the place, and Brewer took me out of the room to give Ralfs an opportunity of speaking to Barr—Ralfs then came to me and said he had spoken to Barr, and he said I had paid the money—we sat down, and Ralfs said to Barr, "Well. Mr. Barr, Mr. Kerie has paid me that money, and if you are a gentleman you will give it him back"—(I had not paid him any, but I had agreed with Ralfs that he should say so)—Barr turned to me, and told me he thought from the intercourse we had had, I ought to have told him I had the check—he said, if I would give Ralfs a check for the amount, and keep the check which he, Barr, had given, he would the next day pay me that amount—I declined it, and left the house with Ralfs—Barr said he had just brought out money enough to knock in a game at cards.
Cross-examined by MR. PARRY. Q. How long have you been in England! A. I arrived in June, but I had been here before in Oct.—my family were in the West Indies, but I was educated in England—I was in the West Indies six years, up to May, 1846—I was educated at Brompton—I did not go to college—I thought at one time of studying medicine, but I did not—I did not follow any profession—I was on a plantation in the West Indies, what we call a manager, or a land-steward—the accounts passed through my hands—it was an estate of about 600 acres—the negroes were a part of my management—it belonged to Mr. Benjamin Green—I was paid about 100l. a year—I had sometimes more, sometimes less—I remember once working for 50l.—it was in the lsland of St. Christopher—I mixed amongst the planters, and occasionally visited Government-house—I left the West Indies in May, 1846, and went to America—I came here in Oct., and then again in June, to prove my father's will—I had given up my engagement, and was a gentleman about town, amusing myself in the metropolis, going occasionally to the theatre and public entertainments—I lived with my friends, but I had a private lodging—I never was in a gambling-house—I had been at Cremornegardens once before—I went merely to amuse myself—I had not been in the habit of going to Vauxhall this time—I had been there—I was not in company with any friend at Cremorne—I do not think I met with any stranger—there were a great many strangers there—I might have gone with a friend—at Outhwaite's the cards were brought in by the landlord—that was at Lewis's request—it was he who suggested play—I had the six leading trumps and the ace of spades—I do not recollect the others—they were good leading cards—I imagined when I was going to play that I should win the trick—I do not know how I lost it—that is what puzzled me—I am not a practiced whist-player—I said if I were to bet 10 0l. to a farthing I should win it—I did bet 30l. to 5l.—I have not touched a card while in England except with
Barr—I have played cards in the West Indies—it is common after dinner to play a game at loo or whist—it is not a daily practice, or a common amusement, amongst the planters—it may be a common practice with other persons to play, and for high stakes—I never won or lost any large sum—I never lost 30l.—I might have lost fifty dollars, or 20l., once or so—I was not constantly in the habit of playing—I am sure I never averaged six times a year—I should say we were not twenty minutes playing at Outhwaite's—we made no match there—we made the match minutes when we went to pay the money at the Bear and Ragged Staff, the next afternoon—I did not suggest the match, on my oath—I willingly acceded to it, after having lost the 30l.—I was to play with the expectation of getting my money—I lost 100l. at ecarte with Barr—I had my faculties about me—I was fully alive to what passed, and could not forget—I had played ecarte in coming with steamer, four or five times—I am not a sporting gentleman—there are not races in the West Indies—I have ridden my own horse there, gentleman against gentleman—I remember a bet, which I sold my horse to pay—that is where I lost my fifty dollars—I have seen cocks fight—I never saw a dog kill so many rate—I used to go out to kill rate in the West Indies—I did not boast there that I knew how to make a cock leave off fighting in a moment, by squeezing his neck—I have not kept cocks—I never bred them—I might have had a favourite cock, but I never bred them—I have seen men bring cocks to fight at St. Eustatius—I saw them fight three once—I have not seen it in England—I have not seen prize-fighting—I went with Barr to see some man who used to keep Jessops—I was frequently a Barr's—I have played escarte another time with him—we commenced the game, and played much lower and more cantiously—we got up to 20l., and he said, "Why don't you double your stakes?"—I said, "No, I won't"—I won up 20l., and by some means he won that 20l. back, and we cleared off—neither of us won—we went to the Yacht Tavern—I had been there once before, and dined—I had some relatives down there—I do not think I went into a shop with Barr, and he purchased a pack of cards—he showed me a pack of cards before he got to Greenwich, saying, that those fellows might not cheat us, he had got a pack of cards; but whether he purchased them or not I cannot swear—I do not know whether we went through Piccadilly—the cards were opened at Greenwich—they appeared an ordinary pack, and not used before—I dealt the cards at Outhwaite's, when it came round to my turn—I shuffled them—Lewis was sitting at my right hand—he dealt to me—I do not know whether I shuffled the cards before they were put into Lewis's hand to deal, when I betted the 30l.—if it came to my turn I did shuffle the cards.
COURT. Q. Did you play with two packs, or one? A. I am not sure, I believe it was one—if I had shuffled the cards the dealer might shuffle them—I believe he shuffled them last—I believe the dealer has the means of altering the cards.
MR. PARRY. Q. How long did you play at the Yacht? A. The match was for four or five hours, but I think we did not play that time—Barr made the bet—I lost 159l. on the odd trick—I think they were half-crown points—I might have won some—I cannot tell what—I had not lost 200l. prior to that—I bad not won more than 5l. or so—when we got to I ver it was about nine o'clock—the gentlemen were at breakfast—there was a Mr. Harrison, and he left—we had a running race as we came from Windsor, and I sprained my foot—I cannot tell what time we began to play at I ver—we played till a late hour—I do not know that I had lost at one time more than I finally lost—I
do not recollect that I had lost 500l.—we might have played longer if the landlord had not checked us—I do not know that one of the parties had won upwards of 1000l. in the fluctuations of the game—I did not keep the account—I believe there was a good deal of money—I do not recollect whether I had lost a larger sum before I left off—I do not think I had lost near 500l.—at the Gloucester Coffee-house we played a considerable time—we began after dinner, and it was after twelve o'clock when we left off—I lost on that occasion 903l.—I do not think in the course of the evening I had lost 2600l.—I did not keep the account—I lost more than the sum I had to pay—if I had lost every game I should not have gone on—I never lost 2600l.—it might have been 1200l. or 1000l., I cannot say, we had such an immense amount of money in the pool—we had at one time 400l. in the pool—a game of loo is over very quickly, in two or three minutes—we played an immense number of games—I do not know how many times three was 400l. in the pool—I saw it on the table—I was loo'd 400l., and put that in—I was loo'd again, and lost—I cannot tell how many times I won a pool—I did not win a great many—I did not win twenty times.
COURT. Q. Do you ever get quite clear? A. No—if I had I would have stopped immediately.
MR. PARRY. Q. Do you remember losing with one of the parties eleven times running? A. No—Brewer was the winner of an immense sum of money, and one time he lost.
Q. When you met in Covent-garden, did not Barr pull out 160l. in notes, and offer them to you if you would pledge your word, as a gentleman, that you had paid Ralfs the check? A. No, he showed me none—I and Brewer went out of the room together—I do not know whether Brewer gave me the check—I had it—I did not say to Barr that I had paid it—I did not represent to Barr that I had paid Ralfs—I sat by when Ralfs said to Barr, "Mr. Kerie has paid me, and if you don't pay him the check you are no gentleman"—I had not paid Ralfs—I had not agreed with him to make that statement—I have no recollection of having agreed with Brewer and Ralfs to make that false representation of Barr—there was some match talked of about Mr. Carlile—I do not remember that he was called Major Carlile—I am not a member of any club—Barr represented Mr. Carlile as his friend, and that be played whist at the Wyndham Club, and he said to Stephens and Carter that be would get a man to play them or any two men in England—I was to bet on Carlile and Barr, for the purpose of winning the money back from those two men—Barr took me to the door of the Wyndham Club one evening, he went in amongst his friends, and made an apology that he could not take me in, and I left—in order to prove my father's will, it was necessary to have two bondsmen; I applied to Barr, he promised to be one, and to find a friend—I did not ask Barr, on the evening previous to going, to lend me 50l.—one day, when he had won all my money, I said to him, "I want 50l. to prove this will; will you lend it me?" and he pawned his watch and several trinkets of his wife's—he got 25l. for those things, and gave me 30l.—I had some money of my own—I paid him that back the same day, or next day—I took him up the money as soon as I returned from the City, because I did not require it—Barr said he would stand all the security for me, and get me a friend to sign the bond, and I said if he were a needy man I would not mind giving him 5l.—after I had done playing at Outhwaite's, and had lost 30l., I do not think I remained till four o'clock with Barr—we went to Evans's,
and had a chop—I did not wait there any time, and we walked from there to Baker-street—it could not be four o'clock—my principal friends are at Richmond, but I had friends in Baker-street.
Cross-examined by MR. SERJEANT ALLEN. Q. How many times did you play when Brewer was in company? A. Twice—once at the Crooked Billet, and once at the Gloucester Coffee-house—the transaction at Greenwich was the last transaction with Lewis and Carter—that was on the 24th July—I did not play with Brewer and Ralfs till I found myself at the Crooked Billet on 2nd Sept.—I do not know the time I played with Barr at his own house—it was Barr who proposed to me, on 2nd Sept., that I should go shooting—I said I wished to see Windsor Castle—he proposed to get me a ticket, and said he had friends down there, I might get some shooting—I did not make preparation—I did not take a gun—I am nothing of a shot—Mr. Brewer was at breakfast at the Crooked Billet—Ralfs came in before I left—a Mr. Harrison was there, a friend of Brewer's apparently—they were dressed for shooting, and said they had a bet for shooting—I and Barr went away to Windsor—I saw no more of those persons till the evening—Harrison was there then—I saw some game—I and Barr and Brewer and Ralfs played at loo—Harrison did not play—I have no recollection that on that occasion I loo'd Mr. Brewer twice for 200l.—the only sum I thought of was the total sum I lost—I might have lost and won, but eventually I was a loser—if I had lost every game I should not have gone on—I am not able to tell the fluctuations of the game—I know I lost and Barr lost, and Brewer lost, and Ralfs lost—I do not think I lost any large sum during that time—I did not lose 1000l., nor anything near it, because I played exceedingly cautiously—I just played when I was compelled by the club-law, or when I was compelled to play—the law is, that the last player should be compelled to see any person who stands the game—it is one of the laws you can make—it is not extraordinary—I do not think I could possibly have been a loser of 500l. that night, but the game might fluctuate—I do not remember that I was a loser of 400l. it was not Brewer who broke up the party that evening and said he would not play—it was the landlord who sent down repeatedly—the invitation came from Ralfs to Barr for us to dine at the Gloucester Coffee-house—I went and saw Brewer there, and there again I played—I do not think I was intoxicated—I had my senses about me—I had drank a good deal of wine—Brewer lost at one time and then he won—I was as sober as a man is after he has had his dinner—they all drank a good deal—I suppose I drank as much as any—we drank five or six bottles of champagne.
MR. CHAMBERS. Q. Where was it Barr took you when he represented he was a member of the Wyndham Club? A. In St. James's—he told me it was not convenient to introduce me there—he said he was sorry he could not introduce me—he went in, and I went home—when I was to go down to my uncle at Richmond, I called on Brewer and Ralfs, and Brewer said to Ralfs, "Why don't you put a pair of horses in your carriage and take Kerie down?"—Brewer said what an easy carriage it was—it was represented as Ralfs' travelling-carriage in which he had travelled hundreds of miles—I went down by the omnibus, and they called and brought me back—when I parted with Barr in Baker-street the first night, it was not daylight—it was in July—he left me in Baker-street and told me he was going to Manning-place, St. John's-wood—I have not seen Mr. Outhwaite, who kept the tobacconist's shop since, nor the person who acted as waiter and brought in
the cards—on all the occasions when we played loo the account was kept on slips of paper, and no money put into the pool—we had no money with us except at first, when we played low; but afterwards, if they lost to each other, or won from each other, they kept the account between themselves—there were some of them occasionally loo'd in a high sum that was marked down—I do not know any further about it.
WILLIAM LEWIS. I have known Mr. Barr for sixteen or seventeen months from the present time—I have known a person named Carter for six or seven months from this period—I introduced Carter to Barr—in July last I went to Cremorne-gardens—I do not know the time, but it was the day Barr met with Mr. Kerie—Barr and Carter went together by the boat—before we went, an arrangement had been made between us, as to the purpose for which we went there—it was for the purpose of picking up a flat, in the phrase used amongst men like ourselves, I am sorry to say—that was the term then used—I had before that been connected with Barr in playing, as we did with Mr. Kerie, in cheating—we got to Cremorne-gardens, and separated—we met occasionally in the gardens—it was arranged that whoever was picked up there, the person who picked him up should bring him to town, and the other two should follow them for the purpose of getting the person to play at cards—I saw Barr accost Mr. Kerie, and light his cigar—I went and fetched the cigar for Barr—he is not in the habit of smoking, but on that occasion he thought he would, to introduce himself to Mr. Kerie—we had selected Mr. Kerie—we saw him about along—Mr. Barr had spoken to two or three others but he did not like them—he went and spoke to Mr. Kerie—they went and saw the fireworks—I and Carter were keeping an eye on them—our agreement was not to lose sight of them—we saw Mr. Kerie and Barr come up to town, and we came in the same boat—we did not speak to them, we kept at the other end of the boat—we should not have gone by that boat but there was no other, it was the last—I know where Barr was going to take Mr. Kerie—after they landed, I saw them go to the cigar-shop in Little Russell-street—Carter and I waited ten minutes or a quarter of an hour outside—we then went into the room, where Barr and Mr. Kerie were on the sofa—Carter and I entered into some conversation about cards—it was arranged to do so—we had done so on frequent occasions, to dispute on a point of whist, so as to get Mr. Kerie to give his opinion, and induce him to play—that was the object, and we succeeded—when we mentioned about this, the conversation was made general, and it was proposed about playing a rubber at whist—I almost think it was I that said I should be happy to join as one of four, to play for cigars or what not—Barr agreed to it, and asked Mr. Kerie to join—we sat down, and had a rubber for coffee and cigars—Barr and Mr. Kerie were partners, and Carter and I—we played first for coffee and cigars, and I believe Barr and Mr. Kerie were allowed to win that—after that we played another game—I do not know that we played points—it was long game whist—the cards we were playing with, were brought in by the landlord—they had been given to him by one of us—I do not know whether it was by Barr or me or Carter—I had a stacked pack of cards with me—I had had them when I went to Cremorne—they were arranged for the purpose of giving any one such a hand that he would bet 1000l. to 1d. that he would win, but it was so arranged that he could not win—one person would have a particular hand, and another a much better hand—the person was placed beyond all chance of winning—Barr and Carter knew I had this stacked pack of cards in my pocket—while Mr. Kerie was playing, Barr drew his attention
to something by speaking to him, and then I changed the cards we had been playing with for this stacked pack—that was when it was my turn to deal—they were the same coloured cards precisely—that was the reason that pack was given to the landlord—we were giving excellent hands to Mr. Kerie, to induce him to bet this heavy wager—when Mr. Kerie took up this hand in which he was dealt this number of cards, he was so certain of winning that he objected to bet—Barr arranged to go with him—I made some remark that I had a curious hand myself, and I would take six to one, but not less—I had seven trumps—I ultimately induced Mr. Kerie to bet 30l. to 5l. on the odd trick—he put down a 20l. note, and his watch for 10l.—Barr put down some bad notes, imitation of 5l. notes, and his watch—both the bets were 30l. to 5l. with me—the result was that I won the game, of course—upon that, I took up Mr. Kerie's 20l. note and his watch, and Barr's flash-notes and his watch—I do not know whether they played another game or not—I took the watches and the notes, and made an appointment to meet the next day at the Tavistock Hotel.
COURT. Q. What was the hand you dealt to Mr. Kerie? A. I cannot say what it was—I gave him the queen, king, and jack, ten and nine, and one heart—I kept the six best hearts in my own hand—the king of hearts was the card he was to be beat on—I retained the ace and the long suit in my own hand—I had seven trumps—it was no difference what he played, my ace of hearts would rob him of it, and my other trumps would take all his other cards.
MR. HUDDLESTON. Q. Did Barr and Mr. Kerie go away? A. Yes, Barr came back that night, and met me at Hitchcock's, the Bear and Ragged Staff, in Castle-street—I returned Barr his watch—I might not have given him his notes, they were between us to use—Barr took the 20l. note of Mr. Kerie, and said he thought he could not change it, but Hitchcock changed it, and we divided it between us, after deducting. Barr's expenditure for the cigars and coffee—I went by the name of Stephens, and Carter by the name of Harrington—it was Barr's suggestion that we should go by those names—he knew me and Carter by our own names before—he used to call at my lodgings frequently, and I on him—Barr gave me directions about meeting the next day at the Tavistock—I was walking near the Tavistock when Barr and Mr. Kerie came—we walked together—I asked Mr. Kerie to go and take a glass of wine—I said they were busy cleaning up at the Tavistock, and we walked on till we got to Castle-street—I proposed going in to Hitchcock's, the Bear and Ragged Staff—I there gave Mr. Kerie his watch—when we went in, Barr had slipped his watch to me privately, that I might seem to give it him before Mr. Kerie—I got from Mr. Kerie 10l., and from Barr some flash-notes—we were taking wine up-stairs, and a game of cards was proposed—Mr. Kerie objected, saying he was going to dress, and he would meet us at seven o'clock—he made that arrangement when he left about three—I ordered the room at seven, and Barr left us to go home with Mr. Kerie—Barr came back, and staid till five—he then left us to go to Mr. Kerie—it was arranged that we were to play and do the same thing with a different suit, or it might have been the same hand, but it was such a hand that it was certain for Mr. Kerie to lose, though to all appearance he must win—at seven o'clock Mr. Kerie and Barr came—I and Carter were partners, and Mr. Kerie and Barr—I believe we were playing long-whist, but I let Mr. Kerie, as arranged with Barr, have cards to make them think they were going to beat us—I had not played the stacked pack then, but we could give Mr. Kerie what cards we liked—we could give him good hands—we took care that we did not shuffle
the ordinary pack out of order—when I had allowed Mr. Kerie to go on to a certain amount, then the time arrived for the stacked pack—I changed them, while Barr drew Mr. Kerie's attention away—I substituted the stacked pack for the pack that had been cut—the same sort of thing was gone through with me and Mr. Kerie—I proposed a bet; Mr. Kerie was not willing, but Barr urged him on, and said he would go the same as he did—the bet was made; I think it was 200l. to 100l.—Mr. Kerie put down a 50l. note, and his watch for the remainder—Barr assumed to do the same, but of course he was betting nothing, it was only to get Mr. Kerie to bet—the hand was then played, and Mr. Kerie lost—I took the watches and the 50l. in notes—Barr might not have given me the whole flash-notes, but perhaps four or five—he pushed them into my hand, and Mr. Kerie did not notice what they were—he saw him give me something—Barr and Mr. Kerie then went away—Barr came back that night—I gave him his watch back, and he and I went over Westminster-bridge to get the 50l. note changed at Mr. Vickrees's—Barr said he could get it changed there, and we did so—we then divided the money—an arrangement had been made to meet the next day—Mr. Kerie was to come to the Bear and Ragged Staff to pay his 50l., and to get his watch—he did so—we were to meet the next day—Barr was to bring Mr. Kerie to the Bear and Ragged Staff, to get the remainder of the money—nothing was said that night about playing any more—an intimation was given by Barr, on one or two occasions, that Mr. Kerie was, not a sufficiently strong player to play against me and Carter—Barr said something about Mr. Carlile, or some such name—he said he was a member of the Wyndham Club, and a very excellent player, and he would ask him to dine at his house, and then we should go and play a match there—Carlile and Barr were to play against me and Carter, and Mr. Kerie was to go to see it, and bet—Barr said Carlile was the best player in England—I do not know whether Carlile was a member of the Wyndham Club—Barr told me he was not—he said he took Mr. Kerie to the door and pretended to go in; that he went and spoke to the porter, and Mr. Kerie went away—about the 21st July I went to Barr's house, to dine—Carter went with me to the house, but we did not go in together—I went before Mr. Kerie came, and it was thought best by Barr and me that I should go out and come in again—he thought it would look rather suspicious if I were there before Mr. Kerie—Carlile was not there—he was not expected—I knew he was not coming—a note was brought in by Mrs. Barr, or the person who calls herself Mrs. Barr—it was read, and purported to come from Carlile, saying he was unable to come that evening, being unwell, or something to that purpose—Carter came in and dined—after dinner it was talked about that we should play a five hours' match, I and Carter against Mr. Kerie and Barr—we did not play that night—it was arranged before, that we should not play there, but should go and dine there, and then talk about the match that we were to play for five hours—the dinner was arranged for making a future match—Barr seemed to say that Mr. Kerie did not like Carter, or something to that purpose—between that time and the dinner at Greenwich, Barr, and Carter, and I met, and it was arranged to invite Mr. Kerie to the Yacht—I was to write, to invite him to dine at the Tavistock; but seeing the house was full, I was to send a letter to Barr, which he was to show him, saying that the house was full, and changing the place to Greenwich—I wrote such a letter—I put the name of "Stephens" to it—I went to Greenwich on the day appointed—Carter was to meet Barr and Mr. Kerie by the railway, coming down—ultimately we all four met at the Yacht, at Greenwich—we
dined in the coffee-room there—after dinner, we retired to a private room up stairs—I had brought down a stacked pack of cards with me—when we got up stairs we began to play with a pack of cards, which Barr produced—they were the same colour as the others—Barr had brought two packs—one I had stacked, and put into my pocket; and the other he produced, unopened, that Mr. Kerie might see there was no marking the cards, or anything—he had brought a new pack himself—we began to play, and we let them get a game or two first of all, for a very short time—after a couple of games, or so, when it was my deal, Barr drew Mr. Kerie's attention away as usual, and I substitated the stacked pack for the other—Mr. Kerie then had a flush hand again—I made a similar observation to what I had before, about the trick—Mr. Kerie seemed to be reluctant to bet, though he had an excellent hand—he referred to Barr, who urged him on, and said, "I will go halves with you"—they betted me 300l. to 100l. on the odd trick—when it came to Barr's turn to play, he played off a diamond—he made an excuse, and said, "I thought diamonds were trumps"—hearts were trumps—they lost the odd trick—Barr appeared to be very much excited, as if it affected him dreadfully—it had the effect of breaking up the play—they left the remainder of the game—we were to play the other three hours' game—we had then played for two hours, I believe—Mr. Kerie put down a 100l. note, and Barr put the same—I do not know whether he put down 100l. in notes—he put down a parcel of bad 5l. notes, flash money they call it, I believe—the watches were put down on that occasion—I took up the 100l. note, the 5l. flash notes, and the watches—we came to town in a barouche that we hired—I think it was on a Saturday—Barr, Carter, and myself, got the 100l. note charged at the Bank of England, and we divided it on the Exchange steps when we came out—I gave Barr all the expenses he had laid out for Mr. Kerie, such as wine, and the expenses of the dinner that I gave at the Yacht; in fact, all the expenses were deducted, and the profits divided—I kept Mr. Kerie's watch till he gave me the 50l., and then I gave him his watch back—I gave Barr his watch the next day—I kept it that night, because he came up with Mr. Kerie that night—we divided the 50l. note—they were to meet me at the Tavistock—Mr. Kerie and Barr came—Barr returned me his watch slily, that I might give it him before Mr. Kerie, and Barr gave me a handful of those notes for the money he had lost—Mr. Kerie paid me—Barr afterwards told me about a will—he said Mr. Kerie was coming in for 2500l. or 2700l., and he was going to have some money of his sisters to take abroad, and we should be able to get it all from him—he came to me, and took me to Doctors' Commons to sign a will for Mr. Kerie—I signed some papers there in the name of Stephens—the morning I was there, Mr. Kerie gave me the 50l. note, and I took Barr's share of it up to his wife, as he said he was going to the docks with Mr. Kerie, but he did not go—he came to his house while I was there—I wrote letters afterwards to Barr about playing the match out—I saw him afterwards, and he told me he had shown the letters I had written to him to Mr. Kerie—he wished me to go one night to Godridge's Saloon, in Piccadilly—I went, and he and Mr. Kerie came there—I was in the gallery, they passed me and did not see me—they went to the other side—we did not get Mr. Kerie to play again—it was intended to try to get him to play, but Barr said he did not approve of us—he did not say me—he said Cater he did not approve of—he spoke of eating his fish at dinner with a knife, and such nonsense—he made it out to me that Mr. Kerie would not play with him; but it was intended to play again—Barr wrote letters to me—these are them, I
received them during the occurrence of the transaction I have mentioned—they are his handwriting—I received these, from the time Mr. Kerie gave me the last 50l. till the other men had him—Barr told me it would be all right by-and-by, then Mr. Kerie had not come into this money.
The following letters were here read:—"Dear Lewis,—K. is here, and I cannot get up to see you unless I drive round with him, which I don't like to risk. I therefore write this while he is here, and send it by the servant. He wants me to go into the City with him to arrange his business, therefore shall be with him all the morning. He has an appointment with his uncle at five o'clock, to sign some papers. He will not be disengaged till half-past, when he meets me to dine, so you may expect to see us at Greenwich about half-past six, and I should advise you to look out for us at the Church, where you will see us pass. I shall be on the look out for you. I do not think we had better dine at the Yacht again, but at the Trafalger, or Ship, lest he should think something.—Yours, in haste, A. W. Barr. Half-past ten o'clock."—"Dear Lewis,—I showed Kerie your letter, and he says he is engaged on Monday, but that on Tuesday, the 17th, he will be happy to play it out at the Tavistock; to be punctual at seven. Get all you can. I think we shall have to follow him to Liverpool. I did not say anything to him about your going to Doncaster. I shall not be there.—Yours, in haste. A. W. Barr."—"Friday, 20, 1847. Dear Lewis,—I received your letter, but not till this morning, so that K. has not seen it. He dined with me yesterday, and this morning started for Tenby to see his aunt, and will return to town on Thursday next. I therefore propose to tell him when he returns that I have fixed upon Monday, August 30, to finish our match, and when I hear what he says I will let you know. At. all events I shall see you as soon as he returns. Everything seems all right.—Yours, in haste, A. W. Barr."—"Dear Lewis,—I received yours this morning. I am going with K. to-morrow to spend two or three days at his uncle's, at Richmond, where he has invited me. I shall be in town on Monday with him, but should anything occur I will write to you. The business goes on well. He has proved the will, and goes to-morrow morning to lodge the papers at the Bank, where they remain eight days, when he will touch 2700l., three and a half per cent. Consols, besides 2000l., which he has already. He will then have, in ready money, 4166l., after deductions, expenses of transfer, selling out, &c. You will hear from me on Monday relative to the match, which will, I think, be played on Thursday; at least so it stands at present. Remember me to Carter.—Yours, in haste, A. W. Barr."
Q. He says, "The business goes on well, "had anything been said about it? A. He means that he was still in Mr. Kerie's confidence and sure to get more money of him—that is what I understood by it—this is my writing to this bond, "Charles Josiah Stephens"—this is the signature I put at Doctors' Commons—I put this in the presence of Barr—he told me to sign it.
RICHARD ALLUM. I am Clerk of the Register at Doctors' Commons—I am the attesting witness to this document—I recognize this gentleman (Lewis) as the Mr. Stephens who signed it—I think I recollect Barr, but my attention was directed more particularly to Stephens, because the name was spelt, first "vens" instead of "phens," and the bond was altered that he might correct his name.
COURT. Q. Do not you take any pains to know who your bondsmen are that are produced? A. No. we take them from their appearance—it was anciently the practice to have them reported by an officer, but that has been laid aside—it
is on the responsibility of the proctor—the proctor brings the administrator and sureties to the clerk, but it is generally somebody the proctor knows—he is expected to be responsible for the party he bring—Bowdler and Co. were the proctors in this case—the proctor never makes inquiries as to the sureties, he only knows the principal—that is the practice.
MR. HUDDLESTON to WILLIAM LEWIS. Q. Do you know who was the attorney in the transaction of signing the bond? A. There was no person there but ourselves—Barr and Mr. Kerie went to an attorney named Robinson, or some such name—I had been there with Barr before—in Sept., in consequence of a massage which was brought by a young man, I went to Brewer's house, at No. 14, South-bank—it was on a Friday evening, I am almost positive, about the 16th or 17th of Sept.—I had not known Brewer personally before—I had heard his name frequently mentioned by Barr—I had heard from him that he knew Brewer, and I had on several occasions spoken to Barr about not introducing him to Mr. Kerie—I said, as we had him I was not wishful to have Brewer out, and that what there was should be between me and Carter and Barr—Barr said he was the last person he should bring in, because he had won some money from Barr—I understood that Brewer was not to be let in—when I went to Brewer's house in the evening of the 16th or 17th Sept., Brewer came to the gate—I said, "You are Mr. Brewer. I believe?"—he said, "Yes; you are Mr. Lewis?"—I said, "Yes"—he invited me into the house, and took me into a back room, were I was introduced to Ralfs—I had a share of three or four bottles of wine, and smoked eigars—we had conversation about Barr's conduct—Brewer said, "Mr. Lewis. I am sorry to think that Barr has acted in this way towards the whole of us"—they said (they both spoke) Barr had kept my share not only of the 900 and odd pounds they won at the Gloucester, but the 150l. won down at Iver, that Barr had represented this fourth party, that he had been keeping the share of as a West Indian Jew, and this West Indian Jew had put Kerie up, and that Barr ultimately told them, when they pressed him, that the West Indian Jews was Lewis, and they then pretended to be anxious that I should see Barr, and have my share—they were not averse to the fourth party having the share if the fourth party was in—Carter came in about an hour after I went in—I do not know weather Brewer knew Carter, or whether Carter knew Brewer—he knew his name—Carter had been waiting outside, only I did not tell them—Brewer or Ralfs made a statement, I do not know which—there was sometime a repetition—they said they would have been able to get 30,000l. out of Mr. Kerie if some person had not been to him exposing the affair—they said they should like to know who it was that had been to Mr. Kerie, and would sooner than 1000l. know who the party was—Brewer said, "we would give 100l. each to shut the month of that person"—I did not tell them it was me—(I had told Mr. Kerie what I knew of the transaction that very same morning)—they said that they intended to go with Mr. Kerie to Liverpool, and it was on the way down they thought to get this heavy stake, the 30,000l., taking a dice-box down with them, and so on—Brewer showed me and Carter some stamps which he had, to meet Mr. Kerie for 1000l. a time—he told me he had made Mr. Kerie a present of some game fowls, but he had declined accepting them since he had heard this—he thought that was the reason he declined—he took me out in the yard, and should me the fowls—Barr had told me he had a swelled face, and Ralfs and Brewer said they had given it him—Barr had told me before that he met sam Ralfs, and he had indicated to Barr that he must stand him—that was the gentleman he
had with him, and they had words—it might be eleven o'clock when I left them that evening—during that time the person came in that Brewer and Ralfs had put to watch Barr—Ralfs said that Barr had got the swelled mouth by his giving him a thrashing in Brewer's house, because he would not allow Ralfs to came in to win this money of Mr. Kerie—Barr said it happened at Windsor.
Cross-examined by MR. PARRY. Q. I think altogether, if I collect your evidence aright, you played three times with Mr. Kerie, at Outhwaite's, at the Bear and Ragged Staff, and at Greenwhich? A. Yes, at whist on each occasion, not at loo, or at ecarte, or any other game—on each occasion I stacked the cards—we stacked them every time, that we could get good or bad hands as we thought proper—I had a pack of stacked cards in my pocket—I managed to change the pack we were playing with for the stacked pack—I did that once at Outhwaite's—it was a staked pack done for one hand—I did that once at the Bear and Ragged Staff, and once at the Yacht.
COURT. Q. You did not deal fairly? A. No—not in once instance—I knew what hands I was giving.
MR. PARRY. Q. With whatever pack you were playing, you knew the cards you were giving? A. Yes—I stacked the cards each time, and each time got that hand that the money was to be on—I have described myself as a gambler and a cheat—I am sorry I can give myself no other name, since I have been connected with these man—I have been a gambler and cheat about two years—I have not followed it as some have, I have been attending to business—I was a house-decorator—I have been engaged for some firma in London, and was in business for myself in 1842 and 1843, in New York, in America—I was upwards of three years in America—I did not carry on the trade of a gambler and cheat there—I was a respectable man in America—I left London for America, as I wished to see it—I had been working at my business—I wished to go into my business there—I had a shop at New York—while in London I was engaged for Morant, of Bond-street, house-decorator—I might be with them three years—I left of my own accord, to go to America—Wales is my native place—I come from Cardiff, in Glamorganshire—I there follow the business of a painter—I was apprentice to Mr. Thomas, a painter—I was no other occupation—I was never a pot-boy—I was brought up in an inn, but I was not a pot-boy, my father kept an inn—I have now come from Brighton—I have not been in custody nor under the surveillance of the police—a friend who was with me, supported me down at Brighton—I considered him a friend—he was not sent to look after me that I am aware of—I do not know that he is clerk to Mr. Abrahams—I told the solicitor that person had been making offers to me, and he wished me to keep out of the way—I told him I should place myself where he thought proper—this friend of mine has been with me for the last eight or nine days—before that, I was at liberty to go and come as I pleased—I gave information to Mr. Kerie in Sept.—he has not supplied me with funds—I have lived on my own resources—the money I won from Mr. Keric might have been part of my resources—I do not know where Carter is—I believe he was not called in this prosecution, nor was he before the grand jury—I have not seen him at all for the last two or three weeks—I have seen him since Sept.—I do not know that I have played with him since—I might, but could not swear it—I received nothing at all at Brighton—the person who was with me paid my expenses—he did not supply me with ready money—no one since Sept. has supplied me with any money—neither
Mr. Kerie nor his solicitor have given me anything—I give my evidence here without any hope of reward—I wish to make all the reparation I can for what I have done—I shall not do it again—I come here to state the whole I can respecting the transaction—I want nothing from any one for doing it—I was never charged with anything when I was in Wales—I was working at a Church at Dombey—I had men under me—I was not charged with stealing some paint—there were constables there, but I do not know their names—they might have been Davis and Edwards—I was not apprehended by Davis for felony—I was never charged with stealing paint in a church.
Cross-examined by MR. SERJEANT ALLEN. Q. You knew Brewer till you went to his house on the 17th Sept.? A. Not personally—Carter and I went to his house—I left Carter outside—he waited while I had an interview with Brewer and Ralfs—Carter then came in—I had that morning communicated to Mr. Kerie what I went I have stated to-day—I think it was not later than the 17th when I went to Brewer, because Barr had told me that Mr. Kerie was going off on the 19th—I have been a gambler and a cheat about two years—I was nothing else, but my own business—I was engaged for one firm, Mr. Andrews, for nine months—I swear I was never connected with any of the gambling-house in Leicester-square—I was never charged with extorting money from a person by charging him with an unnatural crime, before I went to America—I do not know such a circumstance—I left London because I wished to see America—I thought by entering into business there I might do better then in this country—that was my only motive for going—it was not in consequence of any charge made against me—when I got to America I did not become a banker, nothing of the kind—I did not open a bank with a crowbar that I am aware of—I staid there better then three years—I was not a journeyman there—I had a little money—my mother left me some—it was not by means of a will—she gave it me—I mean she left it me previous to her death—she was not dead when she gave me the money—it might have been twelve or eighteen months before her death—I did not intend the Jury to believe that my mother died and left me the money, she gave it me, as she had done on several occasions—I took out to America with me about 300l.—I took London—my mother was then dead—I had received part of the money from my mother in Wales—I brought up from Cardiff about 200l.—I saved some money hear myself—I was a journey-man nearly three years—the 200l. was not always in my pocket—it was in my possession—I kept it in my portmanteau and my desk—I did not put it out to interest—I might have speculated a little in pictures—I used to speculate if it suited me—I did not speculate with the bulk of the money—I might with 12l., or 14l., or 15l., if I thought I could get anything by it—the rest of the money I kept in my desk of box—that was part of the money that enabled me to go to America—I had once to go before a Magistrate for wining 5l. of a man—I played at cards myself with a man that time—that was the only time I was charge with anything—I was not charged then particularly—I gave the 5l. back to the man, and he gave me what he had won of me—I was never in custody at Merthyr Tydvil, or at Dulas, for stealing paint—I remember a constable coming to my lodging.
Q. Not coming to your lodging, but coming to the Church, and did you not take all the paint-pots, and mix them together, so that it would be impossible to know one from the other, to prevent the possibility of their ascertaining how much had been stolen? A. No—I mixed them, and I can
give a reason for doing so—I had several men under me there at Dulas—I would foolishly allow them to go out shooting or fishing, and used to pay them their money; a man came from Bristol, named Cotterall, or some such name, I took him out shooting, and he told the gamekeeper who took him out, and there was a warrant for me, for poaching—I went to the Church were this man was at work—I desired him to go out—he would not—I might have a struck him, and made him go out, and he went and got a warrant, and he went to Mr. Evans, who sent him back to tell me to let him work—I would not, and then Mr. Evans sent for me—he desired me to employ him—I said I would not employ him again, and he said, I might leave the work—there was 40l., or 50l., or 60l. due to me—they would not pay me, and my solicitor desired me to leave it—I went to the Church, and took a little burnt umber, and a little black, and mixed it, to alter the tone of the paint in the Church, and William Lewis came to the Church, and he understood from this man that I had spoilt his paint, and they sent a constable to my lodging—I was not taken—I shut the door against him, and locked it—I told him he must not come in there—in the meantime Mr. Evans got to understand what I had done, that I had only altered the tone of the paint, not spoilt it—the next day was Sunday, and I had an opportunity of explaining the whole circumstance, and the constable was taken off—I know there is no person in that neighborhood but would give me the highest character, except for an acquaintance with a young woman there that I married—the only thing against me was, that I married a young woman—that is the only thing that any of them can say against me—it was on account of the paint they sent for the constable—I brought the young woman up to London—she is my wife—she returned home again—I do not remember a Captain Kelly preferring some indictments against some persons for swindling, or for gaming—I do not know any such circumstance—I was not employed to settle with the swindlers or the gamblers—it was usual for the prisoners and me to share in what was won by them—I was not the bead man, but they thought I had better never perhaps, and put me forward to do what was done—I did not always stack the cards—I did sometimes, and sometimes Barr, or Carter did—on the first and second occasion I was the person selected to change the cards—I did not stack them—I believe it was Barr who stacked them—one of us gave the pack of cards to Mr. Hitchcock, the innkeeper—I could not undertake to swear whether it was me, or Barr, or Carter—we were a little elevated, and I am afraid to tell a falsity by swearing which of us gave it him—I had seen Hickman before—we had been there frequently—I believe he knew I was a gambler and a cheat.
MR. BALLANTINE. Q. Do you remember yourself, either seeing the cards given or given them to Hitchcock? A. Yes—one pack was given to him—I really could not swear which of us gave it him—one of us said, "Hitchcock, you may keep that pack"—most likely it was me or Carter—that was after the cards were played—I went down to Brighton in company with some person, with whom I have been since, because some persons came after me—I do not know who they were—they told me something, and I communicated what they told me to Mr. Abrahams—it was by his advice that I went to Brighton, and had a person with me during the whole of the time.
EDWARD HITCHCOCK. I am landlord of the Bear and Ragged Staff—I know the prisoner Barr, the witness Lewis, and a person named Carter—they were frequently at my house previous to the 16th July—they made appointments
to there—they sometimes met in pursuance of those appointments, but not always—on 16th July I saw them—they met together at my place about half-past two o'clock the first time, and made an appointment to come at seven in the evening—they asked for a privet room—Lewis and Carter said there were four person to meet there at seven, and Barr was in the room when they made the appointment between themselves—they came about ten minutes before seven—they asked me to take them up a bottle of wine and some cigars, and leave the room, and when they wanted anything they would ring the bell—Mr. Kerie was with them—I dare say they remained from two hours and a half to three hours—I went into the room once while they were there—they were not doing anything when I went up—I did not see any cards till after they were gone—Mr. Lewis gave me a pack of cards and said, "Here, I will make you a present of these cards"—I had seen Barr and Lewis at my house on the night before, the 15th July—they came about twelve o'clock—I changed a 20l. note for Barr.
WILLIAM VICKRESS. I landlord of the Rodney public-house, in Westminster Bridge-road—I know Barr—I changed a 50l. note for him—I do not know on what day—it was on a Saturday evening—he had somebody with him, but I do not know who—I have seen Lewis here—I do not recollect having seen him till I saw him here—the note will bear the date when I changed it—it was the summer, but I do not know when—I never changed but that one 50l. note for him.
WILLIAM HANWELL. I keep the Crooked Billet, at Iver Heath—I know Brewer and Ralfs—in Sept. Brewer dined at my house several day s—I cannot swear to Barr—I had forgotten Mr. Kerie till he came down to know where the Crooked Billet was—I do not recollect seeing him dine at my house—I do not remember any cards being played in my house, I never saw any—I made an objection, I said I would suffer no cards in my house—I did not provide any—I was ill in bed.
Cross-examined by MR. PRENDERGAST. Q. You do not believe anything of the sort was done? A. I cannot say—if it were done it would be contrary to my orders—I had given order not to suffer anything of the kind.
BRIANT REYNOLDS. I am cashier at the Union Bank, in Argyll-street—I know the handwriting of the prisoner Barr, and I should say these letters are his handwriting—I should think the signature to this bond is his handwriting—he did keep an account at the Union Bank.
COURT. Q. What do you do with the checks of your customers after they are presented? A. We return them to the customers, sometimes in a week or two, sometimes in a month—I do not know weather we have returned any checks to Barr since any given time—I think his account is quite closed—I am a cashier—I play checks which are presented to me—there are other cashiers besides myself—I cannot say whether any checks were presented after any period.
Cross-examined by MR. PRENDERGAST. Q. Do you know Mr. Brewer? A. Yes, he was introduced to me by Mr. Cramer.
MR. BALLANTINE. Q. What do you know of Brewer? A. Nothing about him, but he was introduced there, and had an account, which I believe is closed.
THOMAS DURANT. I am an inn-keeper at Bocking, in Essex—I know Brewer—I could not swear to Barr, but I believe I have seen him at my house with Brewer, that was on the 12th Oct., 1845—I have seen Brewer several times since.
so since last Jan.—there is no person named Barr a member there, nor has there been since January—it certainly is not what is ordinarily called a gambling club.
Cross-examined by MR. PARRY. Q. When was this club formed? A. I think in 1828.
Francis Augustus Bernay, a Surgeon; Richard Hunt, Esq., of the City-road; Mr. Stout, of the Royal hotel, Brentford; John Casey, a silk manufacturer of Spital-square; Mr. Forrest, a solicitor, of Staple's-lnn, and Henry Richards, a surgeon, at Brentford, gave Ralfs a good character.
BARR— GUILTY. Aged 26.— Confined Fifteen Months , and fined 500l.
BREWER— GUILTY.— Confined Twelve Months , and fined 500l.
RALFS— GUILTY. —Recommended to mercy by the Jury and Prosecutor.— Confined Six Months , and fined 100l.
OLD COURT, Wednesday, December 15th. 1847.
PRESENT—The Rt. Hon. the LORD MAYOR; Mr. Baron ROLFE; Mr. Justice WIGHTMAN; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. GIBBS; MR. Ald. HUGHES HUGHES; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Third Jury.
289. WILLIAM WIGGS , breaking and entering the dwelling-house of Joshua Judd, at Tottenham, on 1st Dec., and stealing therein 1 warming-pan, value 3s.; 1 blanket, 1 bolster, and 1 handkerchief, 16s. 6d.; his property: also breaking and entering the same dwelling-house on 24th Nov., and stealing 2 coat and 1 waistcoat, 30s.; the property of the said Joshua Judd: to both which he pleaded GUILTY. Aged 17.— Transported for Seven Years.
Before Mr. Baron Rolfe.
MR. RYLAND conducted the Prosecution.
MARIA BUCHAN. I went into Mr. Nelme's service on 22nd Oct., the Saturday before his death, and remained there till after his death; he lived at 2, Grove-place, Hackney—I saw him on the Saturday evening; he did not complain of being ill at all—I saw him on the Tuesday evening, he was not very well, and was going to have some gruel—Mrs. Allnutt made it, and gave it him—I did not see her make the gruel—she said she was going to make some—I did not hear him ask for it—I went into his room between six and seven o'clock on Wednesday morning, and afterwards, between seven and eight, was desired to go for Mr. Toulmin, the medical man—he came directly he was dressed, and saw him again about twelve or one—Mr. Nelme did not leave his bed all day—Mr. Toulmin came again between four and five—Mr. Nelme was then dead—the family consisted of Mr. Nelme and Mrs. Nelme, who is an elderly lady, Mrs. Allnutt, and the prisoner—there was a servant, named Keziah Billings, besides me—there was a charwoman, Mrs. Parry—she slept in the house on Saturday and Sunday nights, and went away on Monday, when Keziah Billings came in her place, she slept in the house on Monday night, and has remained there until now—there was no other person in the house—before
the Saturday, I had only been to the house when I went to engage myself for the situation—I had some conversation with the prisoner on the Sunday, the day after I went into the service—he came into the kitchen, brought some pears to be baked, and asked me if I did not think his grandfather would die suddenly—(the prisoner was the grandson of Mr. Nelme, and the son of Mrs. Allnutt, who is the daughter of Mr. Nelme)—I said I did not know, as I had not been in the house long—I asked why he asked me such a question—he said his grandfather would die suddenly, as his eyes looked queer.
Cross-examined by MR. BALLANTINE. Q. Had you any further conversation with him to the Sunday? A. No; he brought the pears to Mrs. Parry; she did not hear the conversation; she went into the scullery—he had no other conversation with me—after saying that, he went out of the kitchen—he did not say any more—I am quite sure the expression he used was, "die suddenly; "I think he said, "go off suddenly;" as near as I can remember that was his phrase—I had not heard that remark made by anybody else in the boy's presence.
FRANCIS TOULMIN. I am a surgeon, residing at Hackney, and have known the late Mr. Nelme many years—I was first called in between seven and eight o'clock in the morning, and he died, as near as I can ascertain, between four and five in the afternoon—I had not attended him since I cut off his arm, I believe, in 1837—I was in the habit of attending the family, Mrs. Nelme being in bad health, as well as the daughter—the morning I saw him he described himself as suffering great pain in the bowels, and having been very sick, and having been purged—I thought him extremely ill, wrote a prescription, and they sent it to be made up at our surgery—I promised to see him again in a few hours, I saw him again between twelve and one; he had then taken two of the draughts, and I directed him to have some beef tea and a little brandy and water—I was afterwards sent for urgently, and went immediately, between four and five, and found he was dead—I afterwards, by the direction of the Coroner, opened the body—he was about 73 or 74 years of age—I amputated his arm in 1873. in consequence of an accident, and he told me then he was 62 or 63—the draughts I gave him did not contain any arsenic—I did not, on the post mortem examination, discover anything that caused me to suppose he had come to his death by foul means—the first examination I made was on 29th, forty-eight hours after his death—I discovered nothing that led me to suspect the presence of poison, but it may be right to observe that the contents of the stomach, the stomach itself, and other parts, were removed expressly for the purpose of chemical analysis, so that I had not the opportunity of judging altogether of the post mortem, appearances—the contents of the stomach were placed in a jar, and the stomach in another jar; the intestines were secured at either extremity, and placed in a jar, with a portion of the liver; the jars were all sealed—I can hardly recollect what was in each—there was one small one and two large ones—I did not seal them myself, or see them sealed; my partner, Mr. Hacon, took charge of them; he kept them till I called for them in my carriage on the Sunday morning, and we took them, together, to Dr. Letheby—on 1st Nov., I was sent for to Mrs. Nelme; she had been sick—I received from her some arrow-root and pounded sugar—I requested to have them, and placed them in different papers, and took them away—I did not make an experiment on the arrow-root; I endeavoured to dissolve the sugar in cold distilled water; it would not dissolve—I delivered the rest of the sugar to Dr. Letheby, at the London Hospital—he made some experiments on it in
my presence—it was pounded lump sugar—he told me it contained a considerable quantity of arsenic—I was not present when he made the experiment on the liver, the contents of the stomach, and the intestines—all I know on the subject is, from Dr. Letheby's evidence before the Coroner, which I heard, and attended to, and from which, I have on doubt, Mr. Nelme died from arsenical poison.
Cross-examined. Q. I believe, until you heard that evidence, you were under the impression that he died from some form of cholera? A. Until I found arsenic mixed with the sugar, I had no reason to believe but it might have been a natural death—I believed it to have arisen from some sort of cholera, until arsenic was found in the stomach—the arsenic in the sugar would not have assisted me, only from the history of the case, unless I had heard that some was found in the stomach—one or two jars were brought from my surgery by Mr. Hacon, and the small one from the kitchen below by the undertaker, it was brown earthenware—they were placed on the table—I saw them carefully washed out with boiling water, and scrubbed out—to the best of my belief they were perfectly cleansed—great care was taken on the point, with the third jar particularly—it was washed in my presence—earthenware does not contain any free arsenic; I mean, none that can be dissolved by any ordinary matters—I do not think it possible that the stomach contained dissolving material—I attended the prisoner professionally some time last year—he had two abscesses of a scrofulous kind, one on the cheek and one on the back—they were extremely obstinate—it is a disease of a constitutional character, and may show itself anywhere—it might affect the internal organs—it might do so without being suppressed externally—I have frequently seen scrofulous disease of the brain—it a disease of that kind should attack the brain, it would be calculated to affect the intellect—I do not recollect seeing any wound on his head; my attention was never called to it—I understand he is under twelve years of age—he appears to me to be about twelve, but I should say he is rather diminutive.
EDWARD DENIS HACON. I am a surgeon, in partnership with Mr. Toulmin. I knew the late Mr. Nelme by sight—I did not attend him professionally—I assisted on the 29th, when his body was opened by Mr. Toulmin—I saw no decided appearances which would lead me to suspect the presence of poison—I saw nothing from which I could form a decided opinion—I saw appearances about the gullet and stomach which might be produced by poison or other causes—I assisted in preserving the contents of the stomach, the intestines, and a portion of the liver—they were placed in three jars—the contents of the stomach in the smaller one, and in the two larger ones the small intestines, with their contents, tied at both extremities; the large intestines tied in the same way, the empty stomach, an a portion of the liver—I sealed them, kept possession of them, and delivered them to Dr. Letheby on the Sunday morning following—I did not witness the analysis made by him—I had seen the jars carefully washed.
HENRY LETHEBY. I am physician, and lecturer on chemistry at the London Hospital. On Sunday morning, 31st Oct., Messrs. Toulmin and Hacon called on me with the three jars—the smaller one, which was put into the larger one, contained the contents of a human stomach—the other large jar contained the stomach, the intestines, and a portion of the liver—the jar into which the smaller one was put contained nothing—the intestines were secured by strings, to keep the contents within them—on the following day Mr. Toulmin called on me at the hospital, and gave me two paper parcels, one containing arrow-root and the other pounded sugar—I analysed all those
matters—I used tests of my own, which are known only to a few—they are known tests, but somewhat modified—I can state that there was not any material used that contained arsenic, inasmuch as experiments were performed with portions of sheep's liver, and so on, which did not yield to the same reagents any indication of arsenic—the contents of the stomach were first put into a retort and distilled, and about three tea-spoonsful of liquor distilled from it—those three tea-spoonsful were tested for prussic acid, without giving any evidence or indication of that poison—the remainder of the contents of the stomach were evaporated nearly to driness, then digested in about half a pint of alcohol, then about half a pint of alcohol poured upon this nearly dry deposit—this alcoholic solution was then filtered, and then tested for lead, corrosive sublimate, copper, and beryta, all of which are poisons; also for opium, nux vomica and oxalic acid, but without being able to detect either of them—the remainder of the contents of the stomach not dissolved by the alcohol was then boiled in water and tested for arsenic, by which means I was enables to detect that poison, a portion of which I produce in a metallic state—it is the small metallic ring in this tube—(produced)—that is only a portion of what I discovered; the other has been subjected to analysis—the liver was then tested for arsenic, and that gave similar results—I then proceeded to analyse the arrow-root, but did not detect any poison there—I then analysed the coarse white sugar, which amounted to four ounces and a half, and out of that I was enabled to obtain this, which is rather more than half an ounce of white arsenic—I afterwards examined a portion of the brain, which was given me by Mr. Toulmin three of four days afterwards—I cannot remember the day—it was at one of the sitting of the Coroner's Jury—I analysed that, and detected a trace of arsenic in the brain—I did not weigh the quantity of arsenic I found in the stomach, but in my judgment I should say I detected about four grains of white arsenic in the stomach, liver, intestines, and brain altogether—I weighed one portion, and from that obtained rather better than two grains and a half, nearly three grains, of white arsenic in the intestines—I think that would be sufficient to cause death—I can form an opinion, from discovering arsenic in the liver, how long the patient had been under its influence—I may be wrong, but I am of opinion that the deceased had been under the influence of arsenic of few days—I am speaking from my experience in similar cases—from the time it takes to get arsenic into the system, I think he must have had it in him for about a week—that which was contained in the intestines might have been taken recently—I should say he had taken if very recently before death—in my judgment the arsenic was the cause of death.
COURT. Q. Supposing arsenic to be taken in that sort of quantity, would the result be likely to be death, and attended by pains in the body, sickness, and purging? A. It would—I have heard the symptoms described by Mr. Toulmin as being apparent on the Wednesday—those are the symptoms of death by arsenic.
MR. TOULMIN re-examined. I gave Dr. Letheby a portion of the brain of the deceased on 4th Nov.—I had opened the head on the 3rd—I put that portion of the brain into a clean glass phial, and give it to Dr. Letheby in precisely the same state in which I took in from the body.
DR. LETHEBY cross-examined. Q. Three were indications of arsenic in the brain and liver, you say? A. Yes—I supposed that had got into the system much more remotely than a day or two—in my opinion it must have got into the system some days before—I should tell you that there are circumstances
which are connected with the formation of that opinion, which it is necessary you should know, or it may mislead you; in the course of my inquiries, in some hundreds of cases, I have found it a rule, when arsenic is detected in the brain and liver of animals, that the animal has been for some time under the influence of that arsenic, but there are exceptions to the rule; taking the rule, I am of opinion that he was under its influence for some time—I do not speak of the rule as infallible, but as a general one—I should be disposed to think he had been under the influence of arsenic a month, still bearing in mind that I am guided by that general rule.
COURT. Q. Suppose a patient had died from arsenic, and the body being afterwards opened arsenic was discovered in the liver and brain, as in this case, and you had known that he had apparently been in good health for a month or week preceding, what would then be your opinion, from your experience? A. My opinion would then be the reverse of that I am now expressing—at the time I gave evidence as to the arsenic in the liver, I knew nothing of the circumstances—if the case was so, I should say he had been under the influence of arsenic within twenty-four hours—it generally taken some time for arsenic to get into the system—it may be quicker or slower.
MR. BALLANTINE. Q. Is not arsenic occasionally administered as a medicine, and in such doses as would not exhibit any external signs of it? A. Not to accumulate in the liver to the extent I found here—I have examined the liver of parties who have been under the influence of arsenic for same time—I do not think that if arsenic is taken medicinally, in small quantities, from time to time, it would get into the system gradually and so exhibit the appearances I found in the liver and brain, without creating palpable signs of a in the patient—I think that, generally speaking, arsenic is got rid of from the system almost as flat as it is given, when given in such small doses as not to produce any serious illness or strong marks—it is administered in certain diseases of the skin—it is a common remedy for such diseases—it generally passes off with the urine—it is the duty of the kidneys to get rid of any such poison—there would be always some to be found in the liver, but not to such an extent as I found here.
SARAH NELME. I am the widow of the late Samuel Nelme—he was in his seventy-fourth year—he died at 2, Grove-place, Hackney—he had very good health of late years—about two or three days before his death he complained of illness—I attended upon him entirely—he first complained on the Friday before his death, which was on 27th—we thought it was nothing more than a cold—on Tuesday night, 26th, he complained of sickness for the first time—on Wednesday morning he took a cup of tea, and about eleven o'clock he had a little beef tea—that was not prepared in my presence, but by the servant in the presence of a friend, Mrs. Simpson, who was staying with us—she poured it out herself—there was a sugar-bason that was used in the family—Mr. Nelme generally used that sugar more than any-body else—the sugar-bason was generally produced after dinner, with fruit—it contained powdered sugar—Mr. Nelme always ate some of the sugar after dinner with his fruit—it was kept in the sideboard closet—the prisoner was in the habit of seeing that sugar-vase on the table, and used by his grand-father—I think Mr. Nelme did not partake of that sugar on the Tuesday afternoon, for he did not eat any fruit then—I do not think he took any fruit on the Monday, or any sugar—he took nothing on the Monday or Tuesday, which I prepared for him, which contained sugar—he had part of a mutton-chop on the Tuesday—he had no gruel or arrow-root on Tuesday or
Wednesday—the last time I recollect his partaking of sugar out of that vase was on the Saturday—I had not used any of that sugar shortly before his death—I never used it—I took no arrow-root shortly before his death—on the Monday after his death I took some—I sweetened it with sugar out of that vase—it did not agree with me—the sugar-bason had been in the sideboard closet during those few days—it was produced as usual, after dinner, every day—I did not deliver the sugar-dason to Mr. Toulmin, Mrs. Allnutt did, I believe—I am not her mother, but her mother-in-law.
MARIA LOUISA ALLNUTT. I am the daughter of the late Mr. Nelme, by a former wife—the prisoner is my son—he was twelve years of age last Oct.—I have several sons—my father was in the habit of having arsenic in the house to kill rats—the prisoner know that—the prisoner has seen it used for that purpose—one day, the week before my father died, the prisoner asked me what arsenic was like; I said it was like flour—the conversation began by his inquiring about a lady, a friend of mine, who had taken laudanum, and he was rather surprised that she had taken it, because he thought it was poison—he then asked me about arsenic—my father kept the arsenic in a bureau, in the back parlour—I believe there were two keys to that bureau, but I do not know anything about them—it was kept locked—I knew the sugar-vase that was used in the family—I believe it was last filled on the Friday morning previous to my father's death; my mother filled it with pounded sugar—I took my meals with my father and the family—I recollect my father taking some sugar out of that bason, with some baked apples, on Friday night—the last time I remember his using that bason, or having sugar out of it, was on Sunday afternoon, after dinner, with baked apples—he generally took a great deal with his fruit—I made some gruel for him on the Tuesday night before he died—I sweetened it for him out of that sugar-bason—I ate some of it myself the same night—I felt very sick after it—I did not vomit—I had had bad health for some time before—I remember my stepmother being sick on the Monday after my father died—she had taken some arrow-root—Mrs. Simpson had prepared it for her—she vomited; but I did not see her, because I was in another room—I was ill for a fortnight, and am suffering from the effects now—I was sick for three days, and was paralysed.
Cross-examined. Q. How long has your husband been dead? A. Two years last Sept.—he died at Hastings—he ad been rather in the habit of drinking for some years before his death—for two years before be died he was subject to epileptic fits—at the latter part of his time they increased in frequency—he died in a state of complete madness—he was thirty-seven years old—there were occasions, when these fits were not on him, that he was exceedingly violent—I did not know any other members of his family—I was in a very poor state of health previous to, and at the time of the birth of this boy—I had a good deal of trouble. and my mind was very much affected indeed—I did not notice anything particular about his head when he was born—before he was a year and a half old he had a fall on a ploughshare—he was very ill when he was first brought in, and we thought he was dead—that was not followed with any particular illness—he bled very profusely from the cut—I should think he was in a state of insensibility, as he did not cry—the cut was across the top of his nose—it was cut open, I believe—he has shown scrofulous habit lately, but I was not aware of it, since he had the ringworm in Dec., 1844—it was a very obstinate attack of ringworm indeed, and lasted till Oct., 1846—I have had a good deal of trouble
with him, and have on several occasions been obliged to remonstrate with him—I have children older than him, and know the general disposition of children.
COURT. Q. You mean you have had a great deal of trouble with him as to his morals? A. Yes, and his health too—when I remonstrated with him it was for misconduct.
MR. BALLANTINE. Q. Has he then appeared to understand you? A. I should say he understood it, but it made no impression on him—he showed no shame about it—he said that he did not feel he was doing wrong—since he had a fall on the ice in Jan. last, he has frequently for the time been unable to talk—he has been worse in his conduct since then—I did not notice that he became immediately worse—I think it was not till two or three months after—I did not see him till about half an hour after he had had the fall—I only heard of it; but I was much shocked when I saw him—I was not at home at the time—he looked as pale as possible, and very queer and bewildered—he looked vacant, that expression struck me immediately—he had not inflammation of the brain, but he complained of headaches very much; and from his appearance I should say he suffered very much from them—when I have remonstrated with him for doing something wrong, he has told me that somebody told him to do it; that somebody seemed to say to him, "Do it, do it, you will not he found out;" that they talked to him in his head—latterly he has said that frequently, within six weeks of the present time—I have not heard him complain of it before his grandfather's death—it was when I remonstrated with him about a watch that he had taken—that was after my father's death—he said voices in his head whispered to him to do it—it was long before that that he suffered from headaches—he is in every respect different from my other children—I have had great trouble with his health as well as his moral conduct, since his accident; and had great difficulty in rearing him—when he was very young his health seemed pretty good—he has walked in his sleep, and I have heard him halloo very loudly in his sleep, as if something had frightened him.
MR. RYLAND. Q. Is this letter in the prisoner's writing? A. Yes—(looking at it)—Keziah Billing is not here—she came into the service about the time of my father's death, and is there still.
COURT to DR. LETHEBY. Q. Are you able to say whether walking in the sleep is indicative of a disordered mind? A. Yes, of a disordered state of the brain; but it may be produced by the state of the body, by a foul stomach—anything which would give rise to a disordered state of the stomach might, perhaps, cause a sensation of a disordered brain—fancying sounds in the head may be indicative of unsoundness of the brain—calling out in the sleep may be caused by a disordered stomach—it is possible that a violent blow across the nose, quite at the top, such as has been described, might cause such mischief to the brain, as to give rise to an alteration in its formation—a fall on the ice might do so, I cannot say that it would—ringworm is a species of scrofula—scrofula very often disorders the brain.
MARY PARRY examined by MR. BALLANTINE. Q. Do you recollect at say time saying in the prisoner's presence that Mr. Nelme looked as it he would die suddenly? A. No—his grandfather had been sick, I asked the prisoner how he was—he said he was very poorly, and said he thought he would go off suddenly—I said, "I do not know, my dear, he has very good health, but it does happen so sometimes"—he said he thought so, because his
grandfather's brother died suddenly—I did not tell him I thought he would die suddenly; that is a mistake—his grandfather had been sick on the Sunday as I left on the Monday—he had come for some hot water, for some brandy and water—I did not see him—I heard so—Mrs. Al nutt told me he had been sick; I mean vomiting.
MR. RYLAND. Q. Did not the boy tell you something about his grandfather? A. He came to bring some pears, before he went to church—it was after dinner at five o'clock that Mr. Nelme was sick—the prisoner did not tell me so, it was Mrs. Allnutt—he came down with her and then left the kitchen, and came down again—I asked him how his grandfather was—he said he was sick as yet. and said he thought his grandfather would go off suddenly—it was after five o'clock—I never told him I thought his grandfather would go off suddenly.
Cross-examined. Q. He was charged with stealing a watch? A. Yes, on 9th Nov., when I took him, he said, "Pray forgive me, I was tempted to do it"—I asked who tempted him—he said no person, but a voice appeared to tell him, "Do it, do it, you will not be found out."
WILLIAN DEVONSHIRE. I am one of the turnkeys of this gaol, and have been in attendance on the prisoner—on Monday afternoon, 22nd Nov., he asked me for pen, ink, and paper—I furnished them to him—he was writing two or three times when I went to him—on Tuesday morning he gave me this letter (looking at one)—he told me to take it down, to be sent out—it was going to be sent to his mother—I did not see a second letter—it was all doubled up in one.
Cross-examined. Q. When did he come into the gaol? A. I cannot tell—he was at the church on the preceding Sunday—I believe Mr. Davis was with him after that—it was my duty to show the letter to the governor—(It being suggested that the letter might have been written under the influence of Rev. Mr. Davis, the Court was of opinion that he should be called.)
THE REV. JOHN DAVIS. I am chaplain to the goal of Newgate. The prisoner heard me preach on Sunday afternoon, 21st Nov., after which, I had an interview with him, to announce that the Coroner's warrant was lodged against him for willful murder—that was part of my duty, as laid down by the Court of Aldermen—I saw him for that purpose, and then added general instructions as to his religious exercises.
Cross-examined. Q. The boy in this letter attributes to you to say, that if he did not confess, God would not forgive him? A. No doubt I told him that unless he confessed his sin to God he could not expect forgiveness from God—I said "confessed his sin to God."
Q. Taking the greatest possible care that he should not imagine any other confession? A. No other allusion was made—I did not tell him I was sure be had done it; I did not believe he had done it—I did not tell him he had better confess to his mother; his mother's name was not mentioned in the interview—I never asked him if God was to strike him dead where would his soul go to; nothing of the sort—what he has stated is the imagination of his own brain altogether; it is an invention—he has been guilty of telling a vast variety of falsehoods; they have been denials of his guilt, which he has afterwards confessed.
Q. Have you found him, on other points, a boy who did not understand
the distinction between truth and falsehood? A. He is a very clever boy in some things—in most things he is a boy of very superior ability—there was nothing to lead me to think he did not know the difference between falsehood and truth—(letter read)—"My dearest Mother,—As you cannot come to see me, I hope you will write to me, and tell me what I ought to do to get forgiveness for what I have done, for I know I have sinned against God, and I deserve to be cast into hell; but what is my only comfort is the Bible, for our Lord says, 'If ye repent I will forgive you; if ye seek me ye shall find me, for he that cometh unto me I will in no wise cast out;' therefore I hope for forgiveness, for I will put on a fresh cloak, and I will cast the one I have got on off from my back; and although my sins be as scarlet they shall be as white as wool; I will cast off all my evil ways and put on better. Mr. Davis preached a beautiful sermon on Sunday; he took it from Pro. xvi., begin at the sixth verse: 'By mercy and truth iniquity is purged; for fear of the Lord men depart from evil; and after service time he told me that if I did not confess what I have done, God would not forgive me, and every one was sure I had done it; and he told me that if God was to strike me dead where would my soul go to; therefore, dear mother, I have no one to blame but myself. If I had only attended to what you were teaching me I should not have come into such a place; but Satan had got so much power over me that I had two dreams this night; I will tell them to you. I dreamed that if I did not confess what I had done God would not forgive me, and I should surely die, and that God would cast me into hell; and if I did confess it, God would forgive me, and if I turned away from my wickedness God would take me to heaven when I died: and Satan tried to make me not confess it, and that if I did confess it I should be cast into hell; but I turned away from him, and said, 'I will confess it, or else God will not forgive me; and I mean to turn away from my wickedness.' And then I awoke and perceived it was but a dream; but I soon feel asleep again, and I had another dream: it was about the resurrection. I felt so happy whilst I was dreaming it. I dreamed there was God seated on his throne, and Satan was on the left hand, and God called us all up, and asked us a question; it was an English word to make French, and those that had confessed all their sins, and had left off all their wickedness, he said to them, 'Come ye into my kingdom, which I have prepared for you;' and he said unto those on his left hand, 'Go ye into the furnace of fire prepared for Satan and his angels.' I dreamed I was happy, and you, and all my brothers and sisters; but I hope done what I am accused of. How I got the poison was this: on the 20th of Oct. grandfather went to his desk for the key of the wine-cellar to get some wine up and to look over his accounts; and whilst he was gone I took the poison out, and emptied some of it into another piece of paper, and put the other back; and then after dinner I put it in the sugar-bason; and why I did it was I had made grandfather angry with something I had done, and he knocked me down into passage, and my head went up against the table and hurt it very much, and he said next time I did it, he would almost kill me; but in future I will say the truth and nothing but the truth: as grandfather said, 'Truth may be blamed, but cannot be shamed.' But if I am transported I know it will be the death of me, therefore I hope they will pardon me. What is the punishment of man to the punishment of God? It is an awful thing to fall into the hands of the living God. I dare say you will not believe the dreams, but I assure you it is the truth. With kindest love to you and all at home, believe me, ever your affectionate son, W.N.A.
MR. GILBERT M'MURDO. I am surgeon to the gaol of Newgate, and have had opportunities of seeing and conversing with the prisoner since he has been in goal until the present time—I do not recollect when he was committed—I have seen him almost daily—I have conversed with him continually, and have watched him with a view of ascertaining his state of mind—I have heard the letter read—I have not observed anything about him which induces me to doubt his being of sound mind—during the time I have seen him he has appeared to me of sound mind—the evidence to-day does no alter my opinion of his sanity.
Cross-examined. Q. You have not, I believe, particularly studied matters of this sort? A. I have been obliged to do it, in connexion with this prison, but not besides that—it has been made a branch of itself for many years—there are many distinctions and forms which insanity takes, not at all apparent to ordinary observers—I heard Mr. Toulmin examined, and heard his statement that the boy was suffering from scrofula—I do not agree with the other gentleman examined, that scrofula is very liable to affect the brain, not to that extent—I differ with him—I believe that in cases of scrofula a person's brain may be out of order from extreme debility—I have not seen any madness result from it.
Q. Am I to understand that the only way you would imagine scrofula would affect the brain would be to affect the general system? A. There might be scrofulous tubercles in the brain—it would depend on the extent of the tubercles whether they were externally manifest, tubercles have been supposed to exist some years without being discovered—it is not within my experience that scrofula driven inwardly is liable to produce a certain character of insanity—I have not met with a case in which scrofula has affected the brain direct—when I say his mind is perfect, I do not consider it in the same way as I should consider the mind of a grown-up man—I have reasoned with him and talked with him—I found his reasoning correct—there has latterly been a great distinction made between what is called a disease of the mind and moral insanity.
Q. Am I right in supposing that almost in every case of insanity the moral faculties are the first to be implicated in the disorder? I am putting the question from Dr. Winslow's book, which I conclude is one of high authority. A. I have read it, it is not of very great authority, but I should be sorry to detract from it—I should consider that in an infant the mind is rather a matter of feeling than of understanding—they understand from others that a thing is right or wrong, and do not reason upon it—I consider Dr. Conolly a person of very high authority—my opinion is that the prisoner shows no indications of insanity whatever—I expressed the same opinion in the case of Ovenstone—he was decided to be mad—Dr. Conolly and I both said that Ovenstone was sane at the time—I was asked my opinion whatever he was sane at the time of the commission of the act—I do not give my opinion on that subject now, but only speak of the time I saw the prisoner.
COURT. Q. Did the boy appear to you to be a person capable of distinguishing between right and wrong? A. Yes—I have not reason to say that at some former period he was unable to do so, and I have taken special pains to come to a right judgment—it is impossible to say he was not insane at some former period, but there is not indication of it at present.
SUSANNAH NALDER. I was next-door neighbour to Mr. Nelme at the time of his death—I know the prisoner, and have seen him several times since he has been in Newgate—he handed me this letter last Friday, and asked me to
give it to his mother—I thought it my duty to give it to the Governor—(letter read) "My dearest Mother,—I am very sorry that you cannot come to see me. I am suffering very much in my mind for the number of sins I have committed, but I pray to God to forgive me my sins through Jesus Christ; but if God will not forgive me; but it makes me very miserable to think that I shall be cast into hell. I feel I am in the depth of sin in its true light. I did not before when I was at home; I gabbled my prayers over without thinking the least of them. Oh, I am an ungrateful child, but, dear mother, pass it over, and look for the future; I know my sin is very great indeed, but God is able to wash me clean through the blood of Jesus Christ. Oh, I shall be either hung or transported from all my dear friends, but, what is my comfort, I cannot be separated from that precious friend. God's will be done what punishment I am to have, but if it please him to grant me a little longer life I will endeavour to walk in his righteousness, and never to break any of the least of his commandments. Continue to offer up your prayers for me. I continue to pray for you and myself six times a day and night, as my mind stops me from sleeping. Oh, mother, comfort yourself by looking up to God. Never can I be happy again till I feel myself relieved of my sins, which God alone can wash away. I have such fancies at times, When I am reading, or lying down at night, I fancy I can see some one; and it does startle me so, and makes my heart beat so; and when I look, I see no one; and I lay down again, and I fancy I can see it again; and I get up again, and ask it what it wants. It mutters something, but I do not know what it says. I do not say it to frighten you, dear mother. I have had it like it for some time, and before grandfather's death, only I did not like to tell you of it, because I knew it was only my fancy. It is not story I assure you, dear mother. It is what I fancy. I felt quite overwhelmed to think I am such a sinful and an ungrateful child I have been to you for your great kindness to me. I can never repay you for it I am sure. It makes me very ill indeed, when I look back, I feel I shall go out of my mind at times, but I will try, by God's help, to conquer my unruly temper, I think I must have been mad to have done what I have, or else I do not think I could have done it. Mr. Goodchild was kind enough to come and see me on Saturday. He recommended me to a prayer in the Communion Service. I hope you are better than when I heard from you last. God's blessing be upon you, and bring you through this heavy trouble. I am sure I shall not have strength to bear up against it; my heart feels ready to break; but I must not murmur against the God who sends us this trouble for some good or another; besides, I have brought it all upon myself, and I deserve to suffer; therefore I can only say, 'God's will be done, not mise.' Look at our blessed Saviour; what agony did he suffer when nailed upon the tree; and yet, when on the tree, he prayed for his enemies; he never murmured. Now, again; Joseph was sold to those merchantmen. God ordered it to turn of out for some good. King Pharaoh would not have known how to provide against the famine if he had not have been sold. So you see it is very wicked to murmur against God. Let our troubles be ever so afflictive, God orders them to turn out for good. So learn to be patient. Therefore, dear mother, do not make yourself ill because of me, if I am transported. I will bear any punishment he inflicts upon me. He will help me through all my troubles, if I turn to him with all my heart. He sees me wherever I go, either in the dark or light. I will look up to him in all my troubles, and he will guide me to that heavenly kingdom where moth nor
rust doth not corrupt, nor thieves break through nor steal. Where your treasure is, there will your heart be also. Let me have the Bible. Never before this time did I value the Bible, the book I could read. I am unworthy of the lenst of his mercies. I am a wicked child; but in future I will put off all my bad habits, and put on better. The sermons we have guide me a great deal, together with the Bible. One sermon was taken from Proverbs xxiii., beginning at 23rd verse: 'Buy the truth, and sell it not.' In the week he reads one or two verses out of the Old or New Testament, and then explains it to all the prisoners, which my soul I think profits by it a little. Oh, most merciful Father, forgive me all my sins, and let me find comfort in thee. Oh! I am a very great sinner, and I deserve to be cast into hell; but, Oh God! keep the devil away. Oh Lord, for thy Son's sake, bless my dearest mother, and all my brothers and sisters, and all my kind friends; and at the last bring them to thy everlasting kingdom, through Jusus Christ our Lord; and if it should pleases thee to restore my dearest mother to health, and grant that we may grow up good boys, to be a comfort to you. Oh, dear mother, when can I repay you for all your great kindness to me. Oh, I will grow up a good boy, by God's help. I do earnestly repent, and am heartily sorry for my sins, which are as many as the hairs of my head. I will ask God to blot them out of his book. I must now conclude with kindest love to you, and all my brothers and sister, and grandmother, which I hope are quite well. God bless you all. Oh continue to guide my dear brothers to the Saviour while young. Could not I see my tow brothers? Your affectionate but unhappy son, W. N. ALLNUTT."
MR. BALLANTINE called
EDWARD HENRY PAYNE. I have been a medical man since 1826, and am brother-in-law of the late Mr. Allnutt. He was subject to epileptic attacks—I attended him many years—I did not attend him immediately before his death—I saw him at Hastings probably about two months before his death—he was then quite mad—I had seen him so before at times—he was a person of an extremely excitable habit and mind—I know his father (the prisoner's grandfather)—he was subject to paralysis—that is a disease connected with the brain; and his two sisters are blind from a nervous disease, called anmarosis, which is, no doubt, connected with a disease of the brain—I have attended the prisoner—I saw him subsequent to Mr. Croucher, for the illness occasioned by the fall on the ploughshare—I was the regular medical attendant, but Mr. Croucher happened to be in the house—I saw the prisoner either the day, or the day but one, after the accident—nothing very particular ensued from the wound—there was a degree of inflammation—there was not erysipelas, that I recollect—the last time I attended him was for ring-worm, after they returned from Hastings, and before they went to Hackney—it was after his father's death, probably eighteen months ago—ring worm is a disease of an irritable, painful, and excitable character, it was very obstinate, it is a disease of the head, I should not like to say that it would affect the brain, but certainly the remedies may do so—the irritation of ring-worm might have the effect of disturbing an already excited and disturbed mind—he was suffering from scrofula; and at the present moment his face exhibits traces of it—he very early gave evidence of a scrofulous habit—scrofula is usually hereditary—it is so in this family, on one side—when it is hereditary, it is more obstinate and difficult to cure—I have attended him for scrofula, but only for a short time—I do not think Mr. Conolly attended him for scrofula—I believe Dr.
Duesbury did—the nature and character of scrofula is calculated to affect the mind—I think it more likely to arise other causes, from the presence of tubercles—I was not in Court when Dr. Letheby gave his opinion—tubercles are not to be ascertained, they may be suspected—I know Mrs. Allnutt's other children—the prisoner is more excitable than them, so far as my examination has gone—from my examination of him, I think he is partially insane; that partial insanity, when he was suffering from it, would prevent him distinguishing right from wrong.
Cross-examined by MR. RYLAND. Q. When did you last attend him? A. I think it was in the autumn of last year, on his return from Hastings—he was on a visit at my brother-in-law's—I had opportunities of seeing him—I cannot say that I considered him partially insane then—from all I have heard, and what I have seen, and acting in the way he is charged, he must he under an impulse and delusion; but I do not mean to say he always was so—I mean at intervals—I do not actually say that a boy who would murder his own grandfather, must be insane—when I saw him in prison, last Saturday, he spoke of a voice inducing him to do what he was charged with, as far as I recollect—I consider that to be a delusion—I mean that I consider him to have been insane when he committed the act, not when he told me about the voices; his telling me so, partly led me to that opinion; but I take into consideration all the circumstances which I hear of him; his suffering from scrofula, and his father being decidedly insane, at the last part of his life; and the evidence I have heard; I come to the conclusion that he was partially insane when he did the act—my opinion, independent of anything I have heard about him since last Saturday, is, that he is a scrofulous boy; and I consider, from his shrieking out in the night, that the brain was certainly in a diseased state—as a medical man, I have no hesitation in saying so—I agree with Mr. Latheby, that the walking, and calling out in the sleep, may have been occasioned by an overloaded stomach—I have not seen him since last autumn—I think he may have been partially insane at the time he did it; and I think he is at this moment; and I think he is liable to become more insane, and probably will—nothing has passed since Saturday to leas me to that opinion—his skin was unhealthy in appearance; and he told me that he was often complaining of dreadful headaches; and I believed it.
COURT. Q. Had it occurred to you to think him insane before last Saturday? A. Yes; and I have expressed it before, before I knew I should he called—I cannot say I thought him insane before October; but I thought him eccentric and excitable.
EDWARD CROUCHER. I am a surgeon, practicing at Abingdon, and have been in the profession more than forty years—I am surgeon to the Berks Country Prison—when the prisoner was eighteen months' old I attended him for the cut on his face—I think I attended him three days—at that time there was a considerable degree of inflammation, and erysipelas apparently coming on—I then left him, and Mr. Payne succeeded me—I have not seen much of him since—I occasionally visited him, but not to notice him particularly—I may have noticed him a time or two afterwards—the wound was of a character calculated to affect the brain, it was a very serve blow, it fractured a bone which is connected with the bone of the skull—he was insensible when he was brought in—he soon came round—such an injury might produce epilepsy and derangement, but sometimes it does not show itself for years—by derangement I mean insanity.
Cross-examined. Q. You say after he was brought in he was insensible?
A. Yes; there was a great loss of blood, which caused him to come round again—he fainted from loss of blood, but the flow of blood relieved the system and brought him too again.
FREDERICK DUESBURY. I am a Doctor of medicine at Clapton. In March, April, and May the prisoner was brought to me by his mother—he was suffering from indigestion and scrofula—he paid me six or seven visits of about a quarter of an hour each, during those three moths—he was suffering from scrofula in a very marked degree—I have heard that his father died mad, and that the prisoner is in the habit of walking and shouting out in his sleep; and he has told me at his visits that he has heard voices in his head telling him to do things: from all those circumstances, and from my knowledge of his constitution, I do not believe him to have been in a sane state of mind at the time this occurred—that opinion did not occur to me, to the same extent, previous to this matter, but to a certain degree it did—I entertained an opinion that he was very peculiar in the formation of his mind—there was a peculiarity and eccentricity about him which arrested my attention when he consulted me—the stated of his mind struck me—I have not had more than the ordinary knowledge of insane people, which would occur to a general practitioner.
Cross-examined. Q. Do you mean that you consider him permanently insane, or liable to occasional derangement? A. My opinion is that it is the early stage of insanity, implicating the moral sentiments, the sense of right and wrong, and not as yet having reached the intellect in any market degree, or interfering with his judgment of right and wrong—I did express any opinion of that sort, not to that extent, until he was charged with this murder—I consider him in the ordinary initiatory stage of insanity—I have not had knowledge of his conduct, or of the particulars of his life, until very recently, so as to form a notion of how long that has existed—it is now in an early stage, and has not gone to a length to weaken the intellect in any marked degree.
Q. What do you mean by a marked degree, has it gone to a length to injure the intellect, so as not to know that he was poisoning a person when he did it? A. He might know it as a principle of hearsay, but not as a controlling principle of his mind—I think he would understand that he was poisoning his grandfather, if explained to him, but at the time the sense of right and wrong was not acting with sufficient power to control him—I mean a morbid state of the moral feeling, of the sense of right and wrong—I think he knew what the act was that he was doing, but that he did not feel it as being wrong—I am speaking of moral feeling.
Q. You would consider a pick-pocket had not got much moral feeling, but do you consider when he did this that he did not know that poisoning his grandfather was a wrong act? A. I am not prepared to answer; I think he has not the moral sense of wrong distinguished from right, or right distinguished from wrong, to give him a moral sense of feeling; that it was an irresistible impulse on his part—I draw that conclusion from his having perpetrated this act without hesitation, or struggle of mind, or remorse, or compunction, and without any sensible object; and also another circumstance which I have heard, leads me to believe his conscience is diseased, that he could not fell it as an influential agent to distinguish between right and wrong, although his intellect leads him to understand what others tell him.
visited this boy in prison, and have heard the statements that have been made with reference to his walking in his sleep, and being subject to scrofula; to the state of mind of his father at the time he died, and likewise to his shrieking out at nights in his sleep; the opinion I have formed is, that he is imprefectly organized; and taking the word "mind" in the sense in which it is used by all writers, I should say he is of unsound mind—I believe, from the various circumstances which have been mentioned, that his brain is either diseased, or in that excitable state in which disease is most probable to ensue, that it is not a healthy brain—I should think him very likely to become insane, but that the future character of his insanity would be more in the derangement of his conduct than in the confusion of his intellect—that is conjecture.
COURT to MR. TOULMIN. Q. It is one of the usual symptoms of taking arsenic that the limbs become paralysed? A. Yes.
GUILTY. Aged 12.—Earnestly recommended to mercy by the Jury, on account of his tender age. — DEATH RECORDED.
NEW COURT—Wednesday, Dec. 15, 1847.
PRESENT—Mr. Ald. FAREBROTHER; Sir CHAPMAN MARSHALL, Kst., Ald.; Mr. Ald. HUGHES HUGHES; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeanl and the Sixth Jury.
GUILTY. Aged 14.— Confined Three Months.
GUILTY. Aged 27.— Confined Six Months.
GUILTY. Aged 35.— Confined Three Months.
CHARLES NEWMAN. I am a farmer, at Hayes—Sarah Palmer was in my service—it was her business to make up my butter, and take care of it—the policeman gave me information—after he came, I heard Sarah Palmer say she had not taken the butter—she afterwards acknowledged it.
Cross-examined by MR. HORRY. Q. Was Mrs. Newman there? A. Yes—I think she told Sarah Palmer it would be better for her to acknowledge it—the policeman brought some butter—I do not say I knew it to be mine.
THOMAS DENTON (policeman, T 100.) On Sunday, 5th Dec., about eleven o'clock, I saw William Palmer standing near Mr. Newman's premises for about a quarter of an hour—he then went in and stopped till about a quarter past twelve—he then came out with this butter in his pocket—he had nothing in his pocket when he was standing there before—I followed him and asked what he had got—he said, "Nothing"—I said, "You have something"—he
then said, "Some butter"—I said, "Where did you get it"—he said, "From my mother; I took it down to my sister, and am now taking it back"—I said, "I am not satisfied, I shall go to your mother to know"—I went part of the way—he then said, "I did not get it from my mother, I got it form my sister; she gave it me."
GUILTY. Aged 22.—Recommended to mercy. — Confined Three Months .
DANIEL KITCHEN. I live in Crawford-street, Marylebone—this copper tubing is mine—I swear to it by the peculiarity of the pattern—it forms part of an illumination star—these parts fit the iron part which is left behind—it was in a warehouse, which was fastened with a padlock and hasp—the hasp was split, and the place forced open.
JOSEPH NIFTON (policeman, D 17.) At a quarter past eight o'clock, on the morning of 2nd December, I saw the prisoner and another man coming down the Edgware-road towards Hyde-park—I suppose he saw me—he crossed the road—he had a basket on his head—I afterwards took him—he had the basket on a truck then—I asked what he had got in the basket—he said he did not know—I searched the basket, and found this copper tubing in it.
Prisoner. It is false that he met me in the Edgware-road; he did not see me with it on my head; it is not my basket; I was employed to carry it.
GUILTY. Aged 20.— Transported for Seven Years.
THOMAS MIDDLETON (City policeman, 452.) On 30th Nov., about half-past two o'clock in the afternoon, I was in Upper Thames-street—I saw the prisoner with another boy—I followed them—they closed up to Mr. Ray, tried his right pocket and then his left, the prisoner's companion drew out this handkerchief and gave it to the prisoner—I ran and got it from his hand—I called, "Stop thief"—Ray turned round—I asked him if it was his handkerchief—he said, "Yes"—the other boy escaped.
Prisoner's Defence. I did not see where the boy got the handkerchief; he gave it to me; it is my first time.
GUILTY. Aged 15.— Confined Three Months.
JOHN SHEPPERD. I am a constable of the East and West India Docks—on 26th Nov. I stopped the prisoner coming out—I saw something in his pocket—I asked what it was—he said it was pickles—I found it was this bottle of brandy—he said the mate of the Lotus gave it him—I went on
board that vessel—I found six cases of brandy—one of them was quite insecure—I went to the officers of the Customs—they came and found three bottles of brandy were gone—they were the property of Frederick Hire—this bottle corresponds with the others, and has the same name on the seal, and the paper on it is the same as the others.
Prisoner. I was coming out of the gate, this man stopped me and asked what I had got; I said a bottle of pickles; he said, "Let me see;" I showed it him; I did not know the law of bringing it out; I got it on board the ship.
JOHN SHEPPERD re-examined. The prisoner acknowledged before the Magistrate that he plundered the case—he told me first it was given him by the steward—I brought the steward in front of him, and then he said nothing.
GUILTY. Aged 28.— Recommended to mercy by the Jury. — Confined Two Months.
GEORGE TEAKLE (police-serjeant, H 8.) I was sent for and took the prisoner—he said he got the pipe form his brother, who lived at Bermondsey—he then said he did not know where he lived—I took him to the station.
Prisoner. The iron was given to me to sell; I did not steal it.
GUILTY. Aged 16.— Confined One Year.)
300. GEORGE DENNING , embezzling the sums of 5l. 9s. 3d.; also 10s., 10s., and 10s. 6d.; also 1l. 11s. 6d., 1l. 11s. 6d. and 1l. 4s. 6d.; the moneys of John Peacock and another, his masters; to all which he pleaded
GUILTY. Aged 30.— Recommended to mercy by the Prosecutor. — Confined six Months.
FISHER pleaded GUILTY. Aged 23.— Confined Six Months.
MR. CLARKSON offered no evidence against BURGESS
GEORGE SKINNER. I live with Charles Games, a butcher, in Nicholas-lane. On 9th Dec. a lad ran into the shop, and said a man had been taken into custody—I went outside and found a piece of beef was gone, and told my master—I went to the station, and saw the beef—it was my master's.
Prisoner. You saw the man run away who asked me to carry it. Witness. I saw a man with you, I did not see him run away—you said the coat did not belong to you.
Prisoner's Defence. A man accosted me, gave me this beef to carry, and told me to go across Monument-yard, and I was stopped by the officer.
RICHARD RANDALL. I live in Norton-street, Marylebone—the prisoner was in my employ—it was his duty to pay money to me as soon as he received it—if he received 3l. 2s. 6d., or 2l. 15s., he has not paid me.
Cross-examined by MR. PAYNE. Q. Were there any books in which he was to enter what he received? A. There was no regular book, nothing more than giving up the money—the book is not here—he was not to enter such sums as these—I know he never entered them—I keep a book in which the accounts are, but he never entered them—it is not a regular book—I have the bills that he took.
(The prisoner received a good character.)
GUILTY. Aged 23.— Recommended to mercy by the Jury. — Confined Three Months.
GUILTY. Aged 21.— Recommended to mercy. — Confined One Month.
MR. PARNELL conducted the Prosecution.
WILLIAM MOSES. I am a carman in the employ of the Eastern Counties Railway Company—on 4th Dec. the prisoners were employed by the Company—the boy Rounce was guard to a van, of which I had charge—on 4th Dec., at half-past four in the morning, my van was at the Shoreditch Station, with packs of meat and hampers in it—one was to be delivered to Mr. Dorrington, in Newgate market—it is down in the way-hill—Rounce was in the van, and Crane by the side of it—I left the station—when I got to Bishopsgate-street a policeman brought Crane to me, and asked if I knew him, and knew what he had got—I said, "No"—the officer said he had got a loin of port—I got off the box and looked at it—I examined the parcel directed to Mr. Dorrington—it had been opened, and something gone from it—none of the other packages had been opened—the officer took Rounce in charge.
Cross-examined by MR. HORRY. Q. Rounce bore a good character? A. I know nothing against him—I do not know that his wages were increased 2s. a week the week before—he had been with me a month—their duty is very severe; from two in the morning till six or seven in the evening—it is very seldom so late as eight—Rounce was about the middle of my van—Crane did not belong to my van, I did not see him on it—if he got there he had no
business there—I never had a boy on my van to take a ride—if a boy had come late I should not give him a ride—I should refuse him—I saw no boy but Rounce on my van.
Cross-examined by MR. PAYNE. Q. What do guards get for this work? A. Seven shillings a week, and have to find themselves in clothes and food—I cannot say how many of them there are.
CHARLES ANDREW AMES (policeman, H198.) On 4th Dec., at twenty minutes before five o'clock in the morning, I saw Moses driving his van in Union-street, Spitalfields—both prisoners were on it—I followed it a little distance and saw Crane get off, and hold up his apron—Rounce opened a hamper at the end of the van, and chucked a piece of pork into Crane's apron—took Crane into custody directly, and asked what he had got there—he said, a piece of meat that a boy had given him in Spitalfields-market—I said it was no use saying so, I has seen him, and he must go with me—I took him round to Bishopsgate-street, and saw the van—I looked in the hamper, and about a pound and a-half had been cut off the pork that was in it—I compared the piece Crane had, with the piece in the hamper, they corresponded exactly—I than took Rounce and Crane to the station—as they were going, they said I had been a boy myself once, and asked me to let them go—Rounce said, if the other boy had taken it off he van it was unknown to him.
Cross-examined by MR. HORRY. Q. How far was the van off when you saw it? A. Close by me—it went on at the usual pace, and I followed it—nothing had happened to it then—I did not run at first, I walked sharp after it—it did not go many yards before Crane got down—I was about six yards off, close to the tail of the van when I saw the piece of meant chucked into his apron—it was a light morning, and there was a lamp close by.
Cross-examined by MR. PAYNE. Q. You understand the matching of meat? A. Yes—this was broken off the bone, which might easily be seen.
ROUNCE— GUILTY. Aged 15.
CRANE— GUILTY. Aged 15.
Recommended to mercy by the Jury.
Confined Seven Days.
LAING JOHNSON. I keep the Britannia public-house, Fulham-road. On 23rd Nov.. about half-past seven, I missed a leaden pump, which had been fixes to a wall, and inclosed in a wooden case—I know the prisoner—one of them lives close by, they were at work in an adjoining house, fixing a stove—I saw a boot taken off Cook's foot and fitted to a mark in the garden. Cross-examined by MR. PARNELL. Q. Did the officer bring the boots? A. Yes, four boots, and one fitted—I do not use my garden to dance in—there was a dance in the skittle-ground, which is in front of the garden, and is separated by a wooden partition—there might by forty persons at the dance—there were lots of footmarks in the garden—the policeman put the boot down at the side of the mark—he did not put into the mark, nor did the Magistrate tell him he was a stupid fellow for it—the pump has not been found—the prisoners were at my tap-room on the evening of the 22nd—I did not see their tools—I had to make the pump good.
and chisel in his house—I took both their boots off, and took them to the footmarks—they were covered with the pieces of wood from the pump-head—the marks on the pieces of wood corresponded with the screw-driver, which Cook said Diaper had brought to his house—one of the shoes fitted the marks.
Cross-examined. Q. Which? A. This one (producing it)—here is one nail wanting in it—the mark that corresponded with it was just by where the pump it—it matched with two or three footmarks, but one was satisfactory to me—I fitted them in the presence of three persons—the Magistrate told me not to place the boot in the mark—I said I had not—this is the serewdriver, and this is the wood that has the mark of the screw—driver on it—Cook said the screw-driver and chisel were not his, but that Diaper had brought them there half an hour before.
ELIZA DANBY. On Monday evening, 22nd Nov., between six and seven o'clock, the prisoner Diaper came to my house with come new melted lead—I do not know who melted it—he gave the name of Davis, and said it was his own—I never saw Cook.
308. GEORGE ROBERT DIGGINS , stealing 1 watch, value 8l., the goods of William Webster; also, 1 truck, value 5l. the goods of George Deniel Flack; also, obtaining 10s. by false pretences: to all which he pleaded
GUILTY. Aged 22.— Confined One Year.
CAROLINE BEASLEY. I live at 17, Mitchell-street, St. Luke's, by the side of Mr. Eastman's. On the evening of 27th Nov., I saw there persons pase the shop—one pulled a pair of trowsers, which they took away—I went down, and saw the prisoner taking a coat down from the door—I said, "Stop a minute," and he gave me the coat—I called Mr. Eastman—the prisoner was going across the road.
Prisoner. It was on the ground. Witness. No, it was not.
Prisoner's Defence. The stick fell from the top, and the coat was down; the woman said, "Stop a bit;" I said, "Here is a coat;" I picked it up.
GUILTY. Aged 17.— Confined One Year.
ELIZABETH CARTER. I am the wife of John Carter, who keeps a beershop. On 2nd Dec. the prisoner came for a quarter of a pound of ham—I took it to cut it—he snatched it and ran away with it to a coffee-shop—I went to the door, and called "Shop thief"—the officer came up and took him at the coffee-shop with the ham.
Prisoner. Q. Can you swear to me? A. Yes—I recognised you from three others.
WILLIAM ELLIOTT (City policeman, 281.) I went into a coffee-shop in Long-lane, and found the prisoner there, with three others, sitting round a table—he answered the description I had received, and I took him—the remainder of the ham was by his side, wrapped in a handkerchief—I asked where they got it from—they said some one offered them to have the ham, and they were not going to refuse it.
Prisoner. I went into the coffee-shop for a cup of coffee; three men there asked me to have a piece of ham; I had not eaten a mouthful before the officer came in. Witness I had seen all four of them together, close by the prosecutor's, just before.
(The prisoner received a good character.)
GUILTY. Aged 21.— Confined Three Months.
311. SARAH EUSTOE , stealing 1 purse, value s.; 31 sovereigns, and 2 half-sovereigns, the property of Moses Mayers, her master, in his dwelling-house; and ELIZABETH BULLOCK , feloniously receiving the same; to which
EUSTOE pleaded GUILTY.— Transported for Seven Years.
MARY ANN RANDALL. I am searcher at the station-house. Bullock was handed to me—she was dressed in a new brown stuff dress—I told her she must be a very wicked woman to take so much money from the girl—she said, "Who told you?"—I said, "The girl"—she said, what the girl had bought her and given her, she was very willing to give up, she had taken no money from her—I found on her this gown and other things—she said she met the girl in the Mint on the Tuesday night, and went out shopping with her, and she bought her these things, and gave her 5l., or five sovereigns. I do not know which.
Prisoner's Defence. The girl came to lodge with me, and asked me to make her some dresses; next morning she went out shopping, bought a gown for herself and one for me, a pair of shoes, a bonnet, and some other things; she gave me the five sovereigns which were taken from me.
BULLOCK— NOT GUILTY.
MR. CROUCH conducted the Prosecution.
FRANCIS EDWARD BREWER. I am in partnership with my father, who keeps a shop in High-street, Kensington—the prisoner was in my service—it was my practice to send him out in the morning to various customers—I spoke to Puddifoot to watch him—I never allowed him to purchase goods in the shop—my father sent him out on 2nd Dec. with some goods, about twelve o'clock—I know the soap produced, I missed it on the evening of 1st Dec.—the paper in which the tea is tied has my mark on it.
Cross-examined by MR. ROBINSON. Q. I believe some man that was in your service absconded? A. Yes; while I was gone to give the prisoner in charge—we have two persons in the shop besides my father and myself—my father is not here—I did not see the prisoner go out with the things on 2nd Dec.—my father did.
MR. CROUCH. Q. Do you send anything by the Parcels' Delivery Company? A. No. we have a cart to send out goods.
SAMUEL PUDDIFOOT (policeman, T 127.) I received directions from the prosecutor to watch the prisoner—on 2nd Dec. I saw him on Notting-hill—be put down his basket, and went into a stationer's shop—he came out with a sheet of brown paper, went to the Castle public-house, made up a parcel in the brown paper, and went to the receiving-house with it—when he came out I stopped him at the door, and asked where he got the parcel he had left—he said he bought it of his master, Mr. Brewer—I took him to Mr. Brewer—the prisoner kept crying, and said he was very sorry for what he had done; he hoped Mr. Brewer would do nothing to him, as his children would want bread—I found this parcel (produced) at the receiving-house.
JOHN PEGG. I am baker, and keep a parcel receiving-house at Nothinghill the prisoner has brought parcels there at various times. On 1st Dec. he brought this parcel, directed to Mrs. Joy, 8 Great George-street, Harper-street, New Kent-road—I informed his master—on 2nd Dec. he brought this other brown paper parcel, directed in the same way.
GUILTY. Aged 22.— Confined Nine Months
313. CHARLES CARR , stealing 1 printed book, value 5s., the goods of James Alexander Emerton, clerk: also 2 printed books 1l.; of William Casson; also 1 printed book, 12s., of John Warwick; to all of which he pleaded
GUILTY. Aged 30.— Transported fro Seven Years
GUILTY. Aged 18.— Confined Six Months.
LOVELL pleaded GUILTY. Aged 18.— Confined Four Months
WILLIAMS pleaded GUILTY. Aged 18.— Transported for Seven Years
GWILLAM pleaded GUILTY. Aged 17.—Recommended to mercy by the Jury. — Confined Three Months
WILLIAM GRAY. I live at Jamaica-terrace—the prisoners, were in my service—I have lost some lead—this now produced is it, to the best of my knowledge—it corresponds with a quantity of the same sort which I have in my shop—I had no job in Old Gravel-lane.
Cross-examined by MR. PARNELL. Q. How long has Maquarrie been with you? A. From eight to ten months—his brother worked with me three or four years—I had a good opinion of them both.
JOSEPH PUDDIFORD (policeman, K, 276.) I was on duty at half past seven, and saw the two prisoners walking together up Limehouse-causeway—I walked close alongside of them, stopped them at the corner of Narrow-street, Lime-house, and asked Gwillam what he had on his shoulder—he said lead, which, he had brought from Old Gravel-lane, to a job he had to do there, and I must not stop him; but I did, and Maquarrie ran away.
Cross-examined. Q. Did he stay till heard this conversation? A. Yes—I could not tell which way he ran—it was a dark place, but I heard him running—I had said that I should take them to Mr. Gray.
WILLIAM PEATLING (policeman, K 264.) I took Maquarrie—he said, "I will tell the truth; I put up the shutters, and saw Gwillam bring the lead out; I asked where he was going; he said it was all right, to come with him; I refused at first, but he said it was all right, he knew where to take it to, and 1 went."
MAQUARRIE— GUILTY. Aged 19.— Recommended to mercy. — Confined Three Months.
317. SARAH COPELIN , stealing 2 1/2 yards of woolen cloth, value 1l. 7s.; 1 1/4 yard of velvet, 10s.; 2 yards of silk, 7s.; and 2 1/2 yards of velvet, 1l.; the goods of Moses Levy and another, her master: and MARIA LONGMAN , feloniously receiving the same; to which
COPELIN pleaded GUILTY. Aged 19.— Confined Six Months.
SAMUEL LEVY. I am a rag-merchant, 109, Gravel-lane, Houndsditch—Copelin was in my service—I had lost things before 16th Nov., and spoke to her about it—she told me she had taken the things to her aunt Longman, and if I went there I should find them—I went there, and found some duplicates in her room of property which had been stolen from us—Longman denied all knowledge of it till I gave her in charge, but in going to the station, she said, "For God's sake, don't lock me up, look at my situation; I pawned some cloth at Mr. Russell's"—I went and found some there—Longman's husband lived in our employment, and we found in his place about a ton weight of rags—this is the cloth found at Mr. Russell's.
Longman. My niece brought them to me; I did not know they were stolen.
SARAH BARNETT. I am a charwoman, and live in 26, Artillery-place. On 16th Nov. I went with Longman to see her niece at Mrs. Levy's—she waited a little while, and her niece came out and spoke to her, but I did not hear what they said—in coming out Longman said she was to go in the morning—I went with her—between seven and eight o'clock her niece came out and spoke to her—in coming away, Longman told me she had left a parcel at the Tower public-house at breakfast-time—I went and fetched it, and gave it to her—she opened it, and it contained a piece of cloth, three pieces of velvet, and a piece of silk—this is the velvet—I sold it to Whittles for Longman for 4s.—I gave Longman 3s. and kept 1s.—I went with her to Russell's, and she pawned the cloth and silk for 8s.—she had the money.
Longman's Defence. Copelin came, and asked me if I would take a parcel that she found; I did, and got the things, and she had the money.
LONGMAN— GUILTY. Aged 27. Confined One Year.
(There was another indictment against the prisoners.)
on the morning of the 13th Oct.—I felt a pulling at my pocket, turned, and found the prisoner putting my handkerchief under his coat—I took him with it—this is it.
Priosner. I said, "There go the two boys that took it, "and he said he saw no boys. Witness. I saw no boys—the prisoner dropped it.
GUILTY. Aged 18.— Confined Three Months.
GUILTY. Aged 22.— Confined Four Months.
OLD COURT.—Thursday, December 16th, 1847.
PRESENT—Mr. Baron ROLFE; Mr. Justice WIGHTMAN; Mr. Ald. FAREBROTHER; Sir CHAPMAN MARSHAL, Knt. Ald.; Mr. Ald. HUGHES HUGHES; Mr. Ald. SALOMONS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Fourth Jury.
HUGH TULLOCK. I am in the service of Leaf, Coles, and Co.; Mr. Leaf's name is William. On 29th Nov. the prisoner came to the entering-room, and asked for some French merino for James Coster, of Aldermanbury, who dealt with Messers. Leaf, and I let him have seven and a half yards, at 4s. 9d., on that representation, worth 1l. 15s. 7d.
Prisoner. Q. How long have you known me? A. Seven or eight years—I never knew you to be guilty of anything wrong—you bore a good character.
WILLIAM TREGASKIS (City policeman, 493.) The prisoner came and asked me if I was on duty—I said, "Yes"—he said he wished to give himself up for two or three cases of felony—I told him to be careful what he said, having the appearance of a respectable man—he said he had done it, and it might as well come out at once—he said at the station he had been to Leaf, Coles, and Co., and obtained a short length of merino, representing himself as coming from Coster.
Prisoner. I admit that I am guilty; I have no defence to offer.
GUILTY. Aged 29.— Recommended to mercy by the Jury. — Confined Three Months.
GUILTY. Aged 21.— Confined Six Months.
Before Mr. Baron Rolfe.
322. JOHN PARGITER , stealing, whilst employed under the Post-office, a post-letter, containing a pair of watch-cases, a 10l. note, a sovereign, and a half-sovereign, the property of Her Majesty's Postmaster-General:—2nd COUNT, for embezzling said letter:—3rd COUNT, for secreting it:—other COUNTS, varying the manner of stating the charge.
PETER VERLEY. I am a watchmaker, at Wisbeach, in Cambridgeshire. On 10th Nov. I put a pair of watch-cased, and a sovereign and a half, folded in a 10l. note, of the Wisbeach and Lincolnshire Bank, Gurney's Bank, into a pasteboard box, sealed the letter with sealing-wax, and addressed it, "Mr. J. Craig, 8, Northampton-square, Clerkenwell, London"—the number of the note was G 3606, dated 21st July, 1838—I gave the letter to my wife, who was going out—this note produced is the one I inclosed.
LOUISA VERLEY. I am wife of last witness. On 10th Nov. I received a letter from him, addressed, "Mr. J. Craig, 8, Northampton-square, Clerkenwell, London"—I saw it given to Mr. Gower's son, outside the post-office at Wisbeach, by my niece, at five o'clock in the afternoon, or a few minutes after—I paid him sixpence for it.
JOHN GOWER. I am postmaster of Wisbeach. If a letter was delivered at five o'clock on 10th Nov., it would go out at seven o'clock at night—my son is a clerk in the office—I saw the London bag tied and sealed that night, and dispatched it at seven o'clock.
JOHN CRAIG. I live at 8, Northampton-square, Clerkenwell, and know Mr. Verley, of Wisbeach. A letter from him in Nov. last, containing a pair of watch-cases, a 10l. note and some money, never reached me.
JAMES SANSUM. I am a clerk in the General Post-office, London. I was there on the morning of 11th Nov., at the arrival of the inland mail—I recollect the Wisbeach mail-bag coming that morning—it was tied, sealed, and in its usual state—it was my duty to open it and take out the letters—I did so in the Inland-office, according to the common course of business—I put them on one side—they would then be carried to the sorting-place in the same office by other persons in the establishment.
WILLIS CLARE. I am one of the assistant inspectors of letter-carriers in the Post-office. The prisoner has been employed there nearly three years as a letter-carrier—on the morning of 11th Nov. he was employed in the Inland-office—we require the assistance of the letter-carriers to collect the letters from the Inland-office, and carry them to the different district offices—on the morning of 11th he was employed to collect the letters from the Inland-office and carry them to the sixth division—Northampton-square, Clerkenwell, is in that division—if a letter came from Wisbeach to be taken to Northampton-square, it would fall among those over which he had control—letters are drawn up from the Inland-office into the different districts by a machine, and they carry them up in trays—the prisoner would not be in possession of this letter to carry it to Northampton-square—the only opportunity he would have of getting it, would be in carrying the letters up in the trays, he being appointed collector that morning.
Prisoner. There are two men employed to take up the sixth division letters from the Inland-office to the letter-carriers' office; I was only doing it for a man who was away. Witness. He was one of two men who act as substitutes for absentees—Hillier was the other collector.
JOSEPH HILLIER. I acted with the prisoner on the morning of the 11th, in carrying the letters for the sixth division—no letter containing a box or anything else, addressed to Mr. Craig, Northampton-square, Clerkenwell, London, came into my hands—I did not touch such a one.
Prisoner. Q. I had nothing to do with bringing the packets up; did not you bring them up? A. I did not—I was on for a person named fox—it
was not his duty to collect them—I had nothing to do with them that morning—I cannot say I saw you with the packets—I was on my duty and you on yours—I never interfere with another man's duty—you did not take the eights heaviest walks—I took the heaviest walk for FOX—I had signed for him several mornings, and it was not my duty to take the packets up—such a letter was never in my hands—I did not bring the packets up for a fortnight previous—I cannot call to mind whether I did so the morning before—sometimes I am employed in one division, sometimes in another.
JURY. Q. You say there was no letter addressed to Mr. Craig, did you distinctly notice the direction of every letter? A. I never noticed one more than another—it was not my duty to notice the directions—at times there are large letters which are not sorted with the packets—large packets and small cases are distinctly divided—I cannot say that in the letter I took, no letter was addressed to Mr. Craig—I took hundreds of letters that morning—I am not aware of having one addressed to Mr. Craig.
BENJAMIN CLATHEROW. I have been an assistant grocer, and live at 75, St. Andrew-road, New Kent-road—I lived upon funded property, left me by my aunt—in the early part of Nov. I was without money, having been out of a situation since March—I knew the prisoner four years or more previous to his being in the Post-office—I did not know his name—I knew him first at Clapham; he was then a gardener—be only knew my Christian name—on Wednesday evening, 10th Nov., after eight o'clock, I met him in the General Post-office, when he left off duty—I went according to his appointment—he had told me that as I was in bad circumstances, if he had a few shillings to lend me he would do so—I made an appointment to meet him next day at the George and Gate, Gracechurch-street—he did not come—I afterwards met him at the Four Swans, Bishopsgate-street, not by appointment, but I knew he would be there, and went at a little before five, and met him—he then told me the reason he did not keep his appointment in the morning was on account of illness, that he had borrowed the money of a man in the Post-office; he did not say his name—he pulled his purse out and showed me the note—he said he had not been able to get it changed—he did not give it into my hands then—I did not see it open then—it was very dirty—it was a country note—he did not say what note it was, or the amount—he was then going to the Post-office to go on duty, and said when he got there he should plead illness, get off duty very early, and return to me at the George and Gate as soon as he could—I went there, but he did not come—next day, about a quarter to three, I met him accidentally, very near the George and Gate, and asked him why he failed in keeping his appointment the night before, and the reason he deceiver me so—he said he could not get off duty as he anticipated, and directly he did he proceeded home, he was so unwell—I afterwards went with him into the street—he asked me which way I was going, and asked me to walk with him—we went to the Flowerpot, in Bishopsgate-street—he then said, "I have not been able to get change for this note, as it is a country note"—he pulled out a green silk purse and produced the note—I opened it, according to his wish—it was a Wisbeach and Lincolnshire Band-note—I have no doubt of this being it (produced) from its general appearance, and it is very dirty, and the writing and all corresponds—it appears to be the same—I did not observe anything on the back of it—I had it in my hands, and gave it into the prisoner's hands, and he gave it me back, and told me to take the purse and note and get it changed for him—it was a green silk purse, with steel beads and slides—I said the bank
where it was payable was the best place to go; and he asked me to go for him to the bank and get charge—I told him it was payable at Barclay's—I had looked at it, and read it—I was to get nothing but 5s., which he had promised to lend me—he said he would lend me the money when he got charge for it—he told me he had got the note from a servant in the post-office, and he had to return one-half of the and keep 5l., for which he was to pay interest—he did not go for the charge himself, as he said he had never been to a bank to get change, and if I understood it better did I mind going for him—I went to Barclay's with the note in one band and the purse in the other; on the way I met a policeman named Lewis, who I know well, in Gracechurch-street—I spoke to him, showed him the note, and afterwards went to Barclay's, and presented it to the first person on the right, a gentleman in spectacles—he gave me a 10l. Bank of England note for it, which I changed with Mr. Nutt, the landlord of the George and Gate, for nine sovereigns and two half-sovereigns to the best of my recollection—about ten minutes past three I went to the four Swans, where the prisoner was to wait till I came back with the change—I found him there, put the gold into the purse and gave it him—I told him I had got a 10l. Bank of England note at Barclay's, and had changed it at Mr. Nutt's—he seemed perfectly satisfied, and said, "On considering it over in my mind I can spare you half a sovereign, and you must return it me as soon as you get into a situation—I stopped with him till five o'clock, till the mail cart came for him—I gave him all the money, and he returned me half a sovereign—that was on Friday, 12th—on that day week I saw Peak, the officer, told him something; and on the same day, between five and six o'clock, I was brought before the prisoner in the presence of Peak and Mr. Peacock, the solicitor, and one or two others—I stated the whole of the particular of my meeting him, and hid giving me the note; on the Friday previous, about the middle of the day, not recollecting the exact time; the prisoner directly said, "You know better then that, it was three o'clock"—it was about three o'clock—when asked if he knew me, he said, "I know him very well, but I do not know his name."
Prisoner. I had no note on Thursday night, and I had not time enough to show it you, or say anything to you; I was there within three minutes of the time of my going on the cart; I had sixpence in my pocket, and gave you fourpence-halfpenny, because you said you had had no food all day; which I have done many times before. Witness. You showed it me on Thursday night; you did not open it; it was folded up as you took it out of the purse; you said, "I have got the note, but have not been able to get it changed;" we drunk together; you gave me a fourpenny-piece.
JURY. Q. Do you know Hillier? A. No; I was in the habit of going to the Post-office—I have a friend named Wright, a sub-sorter there—I believe the prisoner has only lent me a shilling, sixpence, and a fourpenny piece.
MATTHEW PEAK. I am a constable, attached to the Post-office—on 18th Nov., about five o'clock, in consequence of information I went to the receiving-house in Bishopsgate-street, and after waiting a short time saw the prisoner; I asked if he had had a country 10l. note lately—he said, "No"—I asked if he had not given one to a person named Clatherow—he said, no, he did not know the name—I said it is a young man that is generally in Gracechourch-street—he said he did not know him—I asked where he was on 12th Nov.—he said he was at home from about ten till between four and five—I took him to the Post-office, and he was again asked whether he had had a
10l. note—he denied it—Clatherow was then produced before him—he said, "Oh, yes, I know this person"—Clatherow then stated what he has repeated this morning, and when he came to that part where he said he met him about the middle of the day the prisoner said, "No, it was about three o'clock"—I searched him and found this green purse with steal beads (produced)—it contains 6 sovereigns, 2 half-sovereigns and 5d. in copper—he was asked to give some account of the note, and whether he had anything to say, and said he should say nothing now.
JURY. Q. Did he say how he became possessed of the money? A. He said he had borrowed it and the purse from his brother-in-law.
Prisoner. I think I said I was going to pay it to my brother-in-law. Witness I think that was it.
JOHN LEWIS , (City policeman, 581.) I have known Clatherow two or three months—about 11th or 12th, Nov. about the middle of the day, I saw him in Gracechurch-street—he showed me a Wisbeach and Lincolnshire bank-note—I do not recollect the amount—I believe this to be it—it was payable at Barclay's—it was dirty, and had a piece of paper bigger then the note itself fastened on the back as if he had been divided—I directed him to Barclay's, and he went in that direction—in about ten minutes I saw him in Gracechurch-steet again—I was on duty there—he spoke to me—he had something in his hand which appeared like a Bank of England note—I did not look at it—it was folded.
WILLIAM HUNT. I am a clerk at Barclay's bank, Lombard-street—Gurney's, the Wisbeach and Lincolnshire bank draw on us—it is my duty to take the numbers of their notes in this book (produced)—here is a 10l. note of that bank, No. 3606, entered by me on the 13th Nov., as having been paid on the 12th—I have several entries of notes of that bank on the same day—I have no entry of a note of Gurney's, No.6306—I enter the numbers from the notes themselves.
JOHN GULLIVER. I am a clerk in Barclay's bank—I collect from the cashiers the country notes paid during the day, and make memorandums of then in my book—among the country notes I received on 12th Nov. from Mr. Mitchell, I have an entry of a 10l. note of the Wishbeach and Lincolnshire bank—it was a single note—the cashier had others when I collected them; but I entered every note distinctly—if Mr. Mitchell receive a parcel of country notes at the counter, he give them twist at the corner and hands them to me—I received this from him as a note cashed singly—the parties that pay the notes make an indorsement on the outside note if more then one—the figure "10" is eadorsed on this, and "M," meaning "Mitchell"—that is how Mr. Mitchell is in the habit of marking the notes—my entry is "a Wisbeach note, 10," under the head of Mr. Mitchell's notes—I do not take the numbers; in the course of business the note would be handed to Mr. Hunt to enter on the following morning.
JOHN MITCHELL. I am cashier at Barclay's bank—I cashed this note on 12th Nov. about three o'clock—I sit at the first desk, just as you enter the door, behind the door, on the right as you go in—I wear spectacles when I am at business—it is part of my duty to enter in this book the numbers of the notes cashed by me—I have made a mistake in entering the number of this note; instead of entering it 3606, as it is on the note, I have entered it 6306—here is a figure 10 on it, and my initial underneath—there are figures which appear like 1-11-47—my mark enables me to say that it was paid singly—I gave in exchange a 10l. Bank of England note, No. 06433,
dated 11th Oct.—this is it (produced)—that was the only Wisbeach note paid singly on that day—I have looked through the book with a view to answer this question.
JOSIAH RUMBALL. I am a clerk at Gurney's bank at Wisbeach—note No. 3606, of that bank, was in circulation at the beginning of Nov.—there are not two notes of the same number and letter—I should say there is no 10l. note of ours in circulation No. 6306—I cannot say whether it is in or not of my own knowledge—this note, 3606, has not been cancelled—it was in circulation at the time.
JAMES NUTT. I keep the George and Gate, Gracechurch-street—on 19th Nov., I changed 10l. Bank of England note for the time-keeper of the omnibuses at Gracechurch-street—I have known him for a number of years, I gave him gold for the note—Clatherow was with him—I did not put say mark on it—I parted with it in about two minutes to Theakston, the collector, who was in my bar-parlour—I saw him write my name on it.
WILLIAM THEAKSTON. I am in the employment of Messrs. Nicholson, the distillers—Mr. Nutt is a customer of ours—I received this 10l. Bank of England note from him; I do not recollect on what day—here is my writing, "J. Nutt," on it—I only received the money from him once in Nov.
JAMES HARRIS. I am time-keeper to the omnibuses in Gracechurch-street—on 12th Nov., Clatherow asked me to get a 10l. note changed for him—I went with him to Mr. Nutt's, who I have known many years, got it changed, and gave the change to Clatherow.
BENJAMIN RULE. I am the driver of a mail cart—I know the prisoner by his riding in the cart with the letter-bags, and I have seen seen Clatherow—I have seen him and the prisoner meet two or three times at the Post-office in Bishopsgate-street, and they appeared very friendly.
Prisoner's Defence. I do not deny changing the note or having it is my possession; but the other things I never had; as to Clatherow's stating that I showed him the note on the Thursday night, I did not; I had no note in my possession; on Friday morning, when I was on duty in the office, taking up No. 6 division letters, I put my tray out of the way, and there I picked the note up in the office; I went and changed it on the Friday afternoon, and paid 3l. 10s. away that night, and the rest of the money the officer has now in his possession; my wife had been ill with a fever, and my children with the measles; I had got very much behind, and the temptation of the note was too strong for me to resist; I through my self on the mercy of the Court.
(Rev. W. Blunt. of Merchant Tailors' School, deposed to the prisoner's good character.)
GUILTY. Aged 33.—Recommended to mercy on account of his good character. —
Transported for Ten Years.
Before Mr. Justice Wightman.
323. THOMAS SALE GEORGE M'COY, THOMAS DOYLE , and JOHN LLOYD , were indicted for the willful murder of John Bellchambers, and THOMAS DAVIS for feloniously inciting them to commit the said murder: They were also charged on the Corner's Inquisition with the like murder.
MESSRS. CLARKSON and PARNELL conducted the Prosecution.
for about twenty-five years—I last saw him alive about a quarter to seven o'clock on Monday morning, 11th Oct.—I had been sent for—he lived at 44, Wilton-street, Westminster—I found him in bed in a state of insensibility—he had two black eyes, and a cut on the right side of the fore-head, just above the brow, a graze on the right cheek, and a small cut on the left cheek—I applied lotions to the wounds, and did what I considered necessary for him—I then left him—I returned again at eleven o'clock, and found him much in the same state, still perfectly insensible—I saw him again at four o'clock, and bled him at the arm first, and then ordered him to be cupped—he was attacked with convulsions, at intervals of about ten minutes or a quarter of an hour, or sometimes longer—I continued to attend him until he died, which was on the following Sunday evening, the 17th, at about nine o'clock—I just got into the house as he died—I saw him after he was dead—I thought it right to call in to my assistance my son, who is surgeon of Westminster Hospital, as he was more acquainted with these cases than I am, I being a private practitioner, and, in conjunction with him, I made a post-mortem examination of the deceased's person—in my judgment the cause of death was injury done to the brain, in consequence of a fracture of the skull—the fracture went through the frontal bone, and extended right across the upper part of the orbits—it was directly over the right eye-brow; not exactly in the front, but more towards the corner—it was a perpendicular cur, and then took a lateral direction over the plate of the upper organ—the fracture perfectly corresponded with the cut under the right temple—I attribute that injury to violence certainly—I should hardly think it possible, from the position of the cut, that it could have been caused by a fall—if the deceased had been struck on the head with such an instrument as this bolt (produced), it might have produced such an injury.
Q. Were the injuries you found on the person of the deceased such as could have been the result of one blow, or must there have been more? A. I should think there must have been at any rate one for the cut, and one for the blow on the eye—the other injuries about his person were not material—the fracture was downwards, and across the base of the skull, making almost two sides of a triangle, but they would not be equal in length.
Cross-examined by MR. O'BRIEN. Q. You think there were two blows given? A. I think, from the appearance of the left eye, that he must have been struck, because it was a very slight cut, as if he had received a blow with a fist—there certainly were not two blows with the same instrument—I knew him well—he was a stout man, about five feet six inches, I should think; not a big man—I do not know that he was bigger than I am, and a very little stouter—the wound was a clean cut, not as if done with a life-preserver, or any blunt round instrument—this bold is precisely such a one as would produce it—this is not a sharp instrument, but it would come down at once on the single edge—it must have been a blow struck downwards, as if you struck a blow with a ruler—it would not be the point of a circle that would come on the forehead—if I was to strike in this way I should make a straight cut down—it would certainly be a portion of a circle that would come in contact with the body—the wound was so high up on the forehead that he could not, in my opinion, have received that cut, and consequently a fracture by a fall—I think, in consequence of the cheek being grazed, he must have come with his head in that way—the grazing of the cheek itself would raise a presumption that it might be the result of a fall—supposing that he stumbled for a yard or two, and fell with his head upon a high
kerb-stone, I do not think that would account for it—I do not think it would be morally possible that a man's falling on his cheek, and grazing his cheek, would inflict a would above his eye—I know the spot perfectly well; it is a high kerb, but not very high; it is not six inches high—I went by it this morning—I did not measure it, but I should say, by my eye, that it certainly was not six inches—it is at the corner of Kensington-place where the deceased fell, and where the blood lay—I look particular notice of it as I came here—I do not think there is a gradual descent towards the kerb where he was found—there is no descent in the street of five or ten yards, before you come to the spot where he was found—I should think, from the spot which was pointed out to me, and where I saw the blood next day, that he must have fallen off the pavement on to the stones, instead of falling against the kerb—there is no descent in the street, I think it is quite flat—it is a very narrow street, with the kerb-stone flat—there is a grating not six inches form the kerb where he was found, for the purpose of carrying away the water—there is not a small channel running down there, nor any channel at all; it is all flush—the grating is close up to the kerb—the street is not very rough there—I took particular notice of it this morning—I should certainly say there are not stones projecting two or three inches over—it is as flat a paved street as any I know in London—there are no stones sticking up about there—I will swear that—there was no water when I came up this morning—I did not pass it yesterday, but I did the day before—I am in the habit of passing it every day of my life—the kerb is about six inches above the road paving.
BARNARD HOLT. I am the son of the last witness, and one of the assistant-surgeons at Westminster Hospital—I assisted my father in his post mortem examination of the body of the deceased—I have been in Court, and have heard to what he has attributed the death—I concur in that opinion, that he died from the effect of concussion and irritation of the brain, produced by the fracture of the skull, as he has described—I should think that the injury over the right eye, to which the fracture was traceable, was occasioned by external violence, and not by a fall—this iron bolt would be likely to produce such an injury if used against his person—in my opinion the position of the wound was too high to be ordinarily received by a fall—there was no abrasion of the skin, merely as wound—if a fall had occasioned it, I should have expected to find abrasion of the skin besides—it appeared to be a cleaner wound than would have been the result of a fall, as if some smaller instrument had been applied, producing the injury, than falling flat on a surface.
Cross-examined by MR. O'BRIEN. Q. What was the length of the cut? A. From half to three-quarters of an inch—it was such a wound as would be produced by a blunt instrument of a small calibre—it was what we term a clean cut produced by a blunt instrument—supposing a man to have struck his head against a sharp kerb-stone of the caliber of this instrument, of course it would produce the same kind of wound that might have been produced by this instrument—there was a cut on one side of the eye and an abrasion on the other—there was an abrasion on the cheek.
COURT. Q. I do not quite understand what you mean by saying that the edge of the kerb might produce a similar cut. A. If you can imagine one surface of this bolt to represent the edge of the kerb-stone, of course any person falling with that particular part of his forehead against the edge of the kerb would produce such a wound as was produced by this instrument, except that probably the edge of the kerb-stone might inflict a wound of rather a
sharper kind than this instrument—this has no sharp edge—if it was described as an incised wound, I should imagine it would come nearer the character of a wound inflicted by the kerb-stone than by this bolt—if it was produced by the end of this instrument, I should imagine it would produce a wound of a more jagged character than that which was produced.
WILLIAM MERER. I am carter to Mr. Weeks, as ginger-beer manufacturer, and live at the King's Head public-house, Orchard-street, Westminister. Mr. Beese manages that house for his brother—I was there at two o'clock in the morning of Monday, 11th Oct—I knew the deceased, Mr. Bellchambers—he was there that morning—I was serving behind the bar, and saw him come in—Mr. Beese was behind the bar—when Mr. Bellchambers came in he went in front of the bar, and offered Mr. Beese a pinch of snuff from a silver snuff-box—there were other persons in the house at the time, two of the prisoners, M'Coy and Sale, were standing by the beerengine in front of the bar, not far from Mr. Bellchambers—Mr. Beese invited Mr. Bellchambers to come behind the bar—he did so—he told him that he thought there was some bad company, some bad parties, in front of the bar, and advised him to come in behind out of the company—I should say that was said loud enough for Sale and M'Coy and the people in front of the bar to hear—Sale said to me, "Do you know that old gentleman that is going behind the bar?"—I said, "Yes"—Sale said he should like to have what the old gentleman had got in his hand—Sale and M'Coy were in company together—M'Coy did not say anything—the old gentleman bad the snuff-box in his hand, and a sort of yellow cash-bag, from which he paid for what he had—M'Coy said, "I will not do anything for the sake of hurting the house, as you know the old gentleman"—Sale was with him at the time he said that—M'Coy and Sale were drinking ale together, which some sailor was treating them to—about three-quarters of an hour after Mr. Bellechambers had come in, Doyle came in—Mr. Belchambers was then behind the bar—M'Coy and Sale were in front—there were several people with Doyle, but none of the prisoners except Sale and M'Coy—I noticed Davis come in about three o'clock, or half-past, dressed very decently with a plaid shawl on—he called for six pennyworth of brandy and water—that was about half an hour after Doyle had come in—Doyle spoke to Davis, but not to any of the others that I saw—I do not know whether he took any of Davis's brandy and water—Doyle and a woman were quarrelling together—Doyle struck her, and there was a bother, and Davis attempted to get behind the bar, which I and Mr. Beese refused, and said, "We do not allow strangers behind the bar"—Mr. Beese went to turn the woman out, and Davis forced himself behind me and went behind the bar to speak to Mr. Bellchambers—he did speak to him—Mr. Beese, on that, made a communication to me, in consequence of which I kept my eye on the parties—Davis said, "How do you do, Mr. Bellchambers?"—Mr. Bellchambers seemed to know him, and said, "I have lent this man a shilling, and I have lent him many a one, and I have lent him one now"—he asked Davis what he would take to drink—Davis said he would take a little drop of brandy and water—we had no brandy up, so we wee obliged to make sixpenny-worth of shrub and water—a few minutes after that Davis went from behind the bar, and went out with M'Coy, Sale, Doyle, and others—they all four returned in about five minutes—Davis went behind the bar again, and Sale and M'Coy stopped in front of the bar and called for a pot of sixpenny ale—Davis went and spoke to Mr. Bellchambers again—they seemed to know one another very well indeed—after Davis had been in there
some short time, he invited Mr. Bellchambers home to take a cup of tea with him—Mr. Bellchambers asked him in what direction he was going—he said towards Charing-cross—Mr. Bellchambers said he was going in a contrary direction, and declined—I saw him hand the shilling to Davis—he took it from his cash-bag—Davis saw the cash-bag—it was after Davis had asked him home to tea that he handed him the shilling—M'Coy, Sale, and Doyle were then in front of the bar—they might have seen the cash-bag when Mr. Bellchambers was in front of the bar, but I cannot say whether they saw it afterwards—Mr. Bellchambers had a watch with him, which he was wearing in his pocket, with the seals hanging outside—he called for some ginger-beer, one glass for himself and one for Davis—they were the only two behind the bar, except me and Mr. Beese—Mr. Bellchambers and Davis were talking to one another; I could not hear what—after the shilling had passed, Davis was counting some money in his hand—I do not know whether it was five shillings or six shillings, and he dropped a half-crown underneath the settle where he was sitting—he took that money out of his trowsers pocket—I did not hear from him why he wanted to borrow a shilling, he having money of his own—I did not speak to him about it—about a quarter-past four o'clock Mr. Beese ordered all the prisoners, except Davis and Mr. Bellchambers, out of the house—he turned out all the party at the bar, and about half-past four Davis went out.
Q. Did you learn from M'Coy or Sale, before they went out at the landlord's bidding, whether they had any money? A. They had told me previous to their going out with Davis that they had none—they both said so when they went out together with others—when they returned, which they did in five minutes, M'Coy called for some ale, and I said to him and Sale "Why, you had no money just now when you went out, and you have got 6d. now"—they paid me for it—Davis did not return after leaving at half-past four—he attempted to come in again, but we fastened the door to prevent him—at that time there was no one in the house but Mr. Bellchambers, Mr. Beese, and myself—Mr. Beese assigned a reason to Mr. Bellchambers why he should remain behind—that was not in the hearing of any of the prisoners—in consequence of what Mr. Beese said, he did remain until about five o'clock—he then went—before leaving Mr. Beese tucked his seals inside his trowsers for him, and buttoned his coat up—in my opinion he was quite capable of taking care of himself when he left the house—he had had a little, but not enough to hurt him—I observed him leave the house—he went out sideways because there was not room enough for him to go out without the front door being open—Mr. Beese went to the door with him—I did not see which direction he took—I know New Pye-street—it is the first turning past our house on the left, about a dozen yards off, going towards Stratton-ground—I knew the direction in which Mr. Bellchambers lived—he left a card with his name written on it, to tell Mr. Beese where he lived—they had been taking together before he came behind the bar—he gave it to Mr. Beese first and me afterwards—he recommended me to serve a customer down in Shoreditch—I did not know where he lived—eh inspector has the card—this is it (produced)—he gave it me a little after two o'clock, when Sale and M'Coy were in front of the bar—I dare say they saw it—they might have done so—Mr. Bellchambers wrote it on the counter, in front of the bar, where they were standing—the first two lines are his writing, the other two are Mr. Beese's, because we could not exactly understand where he said—he said, "You know Wilton-streets, don't you?"—I said, "No, I
do not"—he then asked me for a pen and ink—I got it and he wrote on the back of one of our cards—Wilton-street is half or three-quarters of a mile from the King's Head—you pass New Pye-street, to get to it—it comes out at the same corner as Kensington-place—it makes one side, and Kensingtonplace runs into it—if I was going the nearest way there from the King's Head, I should pass the end of New Pye-street, up Orchard-street, along by Strutton-ground, and the Horseferry-road.
Cross-examined by MR. O'BRIEN. Q. Had you ever seen Mr. Bellchambers before? A. Yes, five or six times at other houses, but not at the King's Head—I knew his name, but not where he lived—I was assisting Mr. Beese behind the bar that night—it was the first time I had acted as barman—I should think there was not above a dozen persons in front of the bar when Mr. Bellchambers came in—they were sitting in the lobby—they were not all standing round the bar—there were two women—I cannot say exactly how many men—there were a few more came in—I cannot say there was twenty, there might have been—when Mr. Bellchambers came in he called for three pennyworth of brandy and three halfpennyworth of gin mixed together with cold water—he took that before he was invited inside the bar by Mr. Beese—I did not take sufficient notice of him to see whether he appeared as if he had been drinking when he came in—he stood at the bar five or ten minutes before Mr. Beese invited him in—Sale and M'Coy were round the bar—there were no others at that part of the counter—there were not above three or four more persons there—the sailor was there—I did not notice any women there then—he paid Mr. Beese for the brandy and gin and water before he went inside—when Mr. Beese asked him inside the bar, he did not speak loud enough for everybody to hear—he whispered to him—I do not know whether the prisoners heard him—I should say they might, there was only the counter between them—Mr. Bellchambers was standing up—Mr. Beese leaned over his ear and whispered to him—I was about as far off as the prisoners—he said, "You had better come behind the bar, because there are some queer characters in front of the bar"—those are the very words, I swear to the words—that was after he had paid for the brandy and gin—Davis came in about half-past three as near as I can guess—Mr. Bellchambers had six pennyworth of shrub and water afterwards—he also had two bottles of ginger-beer—after Davis left he had brandy and water with me and Mr. Beese, one shilling's worth—we drank it between us—there is a quartern of brandy in a shilling glass—we do not call that a stiff tumbler—there is only one public door to the King's Head—there is a private door leading into a court—Mr. Bellchambers went out at the front door—Sale spoke in a low tone when he said, "I wish I had what that gentleman has in his hand"—he did not whisper—I do not think any one heard it but M'Coy and me—that was after Mr. Bellchambers had got inside the bar—I had never seen Sale before to my knowledge—Beese was then behind the bar speaking to Mr. Bellchambers—I was behind the bar—the bar is about ten feet long—the beer-engine was four or five feet from where Beese was—I heard him whispering to Mr. Bellchambers at that distance—I do not consider Mr. Bellchambers could have heard what Sale said.
MR. CLARKSON. Q. Did you hear Davis say anything to Mr. Bellchambers about a shilling? A. Yes—he asked Mr. Bellchambers to lead him one shilling—that was about four o'clock, before I saw Davis drop the half-crown—Mr. Bellchambers pulled out his bag before him, to lend it to him.
Cross-examined by MR. CHARNOCK. Q. When did you first see Doyle?
A. From half-past two to three o'clock he came in with some others, but I did not notice what he did—I did not see him drinking at the bar—I do not know who the parties he came with were—he came in with some female—I did not know him before—he was quarrelling with that women for some few minutes—he left about a quarter-past four, with a great many other who were turned out then—twelve, fifteen, or twenty went out at once, as I cleared out the house—the whole body of persons went out as well as the prisoners.
Cross-examined by MR. PARRY. Q. Did not Davis appear very well known to Mr. Bellchambers? A. Yes—I am quite sure he asked him to lend him a shilling—Mr. Bellchambers said to me, "I have lent him a shilling, as I had lent him many a shilling before"—Davis came in by himself about three o'clock, or half-past—when he forced himself behind the bar I refused him—there was a row then in the house—Beese was turning Doyle and the woman out at the time for making a row—Davis afterwards got behind the bar—he was in conversation with Mr. Bellchambers from that time till he left—he went out for about five minutes—with that exception he was conversing with Mr. Bellchambers, and Mr. Bellchambers with him, during the whole time; they were drinking together, and appeared very intimate—I had never seen Davis in Orchard-street before, or with Mr. Bellchambers—about seven or eight person went out together with Sale and M'Coy—they did not all return—Davis and the other prisoners did—he went behind the bar again, conversed with Mr. Bellchambers, and remained till he left—he was not turned out at all—all the others were, but he being a friend of Mr. Bellchambers', was sitting and talking with him.
Lloyd. Q. Have you ever seen me in company with either of these prisoners? A. No—you were all sitting in front of the bar—I did not see you associate with them, or in their company.
HENRY BEESK. I conduct the business of the King's Head, Orchard-street, Westminster, for Mr. Weeks—I knew Mr. Bellchambers five or six years, by coming backwards and forwards to the house—he came there about two o'clock on the morning 11th Oct., he was quite sober—he had a cashbag and silver snuff-box with him—he pulled out the cash-bag to pay for what he had, and likewise the snuff-box, and handed me a pinch of snuff—that was when he first came in—M'Coy and Sale were then standing outside the bar drinking some ale—I do not know that I had ever seen them before—I might, but not to notice them, as there are so many coming in and out—there were two or three others there, but none of the other prisoners when Mr. Bellchambers came in—I observed that his seals were hanging down out of his pocket, so as to be seen by anybody—there was a bunch of seals and a key—M'Coy and Sale had an opportunity of seeing the snuff-box and money-bag—Meyer was assisting me in my business—I did not over-hear the prisoners say anything about Mr. Bellchambers—Doyle and Davis came in together about a quarter of an hour afterwards, and two or three besides—they drank with the other two at the bar, and appeared to know each other—I spoke to Mr. Bellchambers when the others came in, and asked him if he would come inside the bar and sit down—he did so—I told him I thought there was a roughish lot come in—I said that sufficiently loud for persons standing at the bar to hear—Mr. Bellchambers generally used to come inside when he came there, he hardly ever stopped outside—I observed a woman on the outer-side of the bar at about half-past three—there was a row between her and Doyle about four o'clock, or a little
after, and I turned them all out except Davis—I had not given him permission to come inside the bar—I told him I did not allow strangers inside there—when I came back from turning Doyle and the woman out, he was inside the bar with a glass of something to drink in his hand—he was not talking to Mr. Bellchambers then—they appeared to know each other—Mr. Bellchambers told me that he knew him—Mr. Bellchambers stayed till about twenty minutes past five—Davis went away about a quarter of an hour after the others—Mr. Bellchambers took out his watch while inside the bar, before he went, and I saw that it was twenty minutes past five by his watch—as he was going away I told him to put the seals inside his pocket—I put them in his hand, and he buttoned up his pocket—I had told him to stop till the other people were gone—I had a reason for doing so—he was quite capable of taking care of himself—when he left he had his hat with him—he went out of the door sideways—I followed him out, and stood on the step and saw him go down the street—there are two steps out of my house—I saw him go down those steps, and he turned down Strutton-ground—he had to go past Pye-street—that would be the right direction towards his house in Wilton-street—it was then getting light—I observed him for about 100 or 150 yards, nearly to the top of the street—he walked very well indeed—I should think Wilton-street is about half or three-quarters of a mile from our house—Kensington-place would be in his direct way home.
Cross-examined by MR. O'BRIEN. Q. Did you watch him entirely to the turning? A. Yes, to the top of Orchard-street—I think the King's Head is about 100 or 150 yards from the corner of Strutton-ground—I could see him up to the top of the street—there are two turnings at the top of Orchard-street—he took the turning round Strutton-ground—the other turning is Chapel-street—Strutton-ground is on the same side of the street as the door of our house is—he kept on the same side of the way till he got to the top—I saw no other person in the street while I was looking at him—if there had been I could not have missed seeing them—I did not ask him inside the bar till some others came in besides Sale and M'Coy—I had not to my knowledge seen Sale and M'Coy before—I might have done so—Mr. Bellchambers used generally to come in and sit down in the bar—he had a frock-coat on—he put the seals into his pocket and buttoned his coat himself—I touched the seals and told him to put them in—there were a dozen or fourteen people when I closed the house at four o'clock—I drink with people at times—I drank part of the brandy and water with Mr. Bellchambers, as much as he did himself—I served him with the brandy and gin and water—I cannot tell you what shrub is composed of.
Cross-examined by MR. CHARNOCK. Q. Have you not said before that you watched him 200 or 300 yards up the street? A. It might be—I cannot say exactly—I never measured the distance—I saw him up to the top of Strutton-ground—I watched him about three or four minutes after he left—that was perhaps twenty-five minutes past five—I saw him safe as late as that—there is no mistake about that—Doyle was not there when he took out the cash-bag and snuff-box
MR. CLARKSON. Q. If there had been other people in the street when he went out you think you must have observed them? A. Yes—I was standing on the steps of the door—I did not observe anybody walking about the street.
six, I was in Wilton-street, at the corner of Kensington-place, which runs into Wilton-street—I heard a groaning noise—I went across—there were two other boys with me—I saw Mr. Bellchambers lying on his right side on the curb—his feet were towards Holywell-street, that is, away from Wilson-street—I went up to him and called him by name twice—he did not give me any answer—I took up his head, and called him by name, and Godwin the brewer assisted me—his head was close to the kerb, and his face all over blood—I saw a cut over his right temple, and another wound underneath one of his eyes—I do not recollect whether that was on the same side of his face—Godwin came, and lifted him up, put him on the step or a door, called for a policeman, and Skate, No. 157 came up—I went with them to his house, 44 Wilton-street—they did not carry him, they dragged him along—I did not see any one look into his pockets while he was there—I did not see anything of any watch—nobody looked for his watch—he had no hat on—it was not lying on the ground—it was gone.
Cross-examined by MR. O'BRIEN. Q. Was it quite light when you came up? A. No, it was about a quarter to six—his feet were extended, as if he had come down Kensington-place—I observed a channel there by the kerbstone where water runs—his feet were not extended over that gutter, they were lying on the kerb-stone—I observed a grating near there—I did not observe that the street was very rough—his head was lying on the kerb-stone—the kerb-stone was round—there was blood on it in more than one place—if Mr. Bellchambers had been going home down Kensington-place he would have to turn that corner; but he was not quite at the corner, he was about turning it—there is a lamp in Wilton-street—on the other side of the road, directly opposite, within five or six yards of where he was found—it is not at the corner—I know Horseferry-road—there is a dead wall there a long distance—if he was coming down there he would pass that dead wall before he got into Kensington-place—it is the back of Broadwood's manufactory—there is a dead wall there also—he would come down that way supposing he was coming from Orchard-street.
MR. CLARKSON. Q. Is one of the dead walls along the high thoroughfare leading to Vauxhall-bridge? A. Leading to Millbank-street—that is a little wider thoroughfare than Wilton-street and Kensington-place.
GEORGE GOODWIN. On Monday morning, 11th of Oct., I was passing near the corner of Kensington-place, and saw Mr. Bellchambers lying there—I did not then know it was Mr. Bellchambers—he was lying on the kerb—the boy Bold was there and two others—I assisted to raise him from the kerb, and fetched policeman Skate—I did not assist Mr. Bellchambers to his house—I found a cotton handkerchief about five or six doors from where he was lying, about half-way up Kensington-place, on the same side of the way, towards the Grosvenor Arms, towards Holywell-street out of Wilton-street—if a person were coming from Horseferry-road, or Strutton-ground, to the end of Kensington-place, and so to Wilton-street, that would be the course that he would take—I put the handkerchief into my pocket, and kept it until I gave it to Sergeant Luff on the 12th—I did not examine Mr. Bellchmabers to see it his property was safe—he had no hat on—I did not see any hat at all, nor any watch—this is the handkerchief (produced.)
WILLIAM SKATE (policeman, B 157.) On Monday morning, 11th Oct., I was called, and found Mr. Bellchambers at the corner of Wilton-street, in Kensington-place, about thirty yards from his own house—he was assisted by two men to his residence, 44, Wilton-street—he did not appear to be seen
sible—I saw him taken into the house—I did not examine his pockets—I spoke to him, but he gave me no answer.
Cross-examined by MR. O'BRIEN. Q. Did you observe whether he smelt strongly of liquor or not? A. He smelt of liquor—my first impression was that he was drunk.
ANN RELLCHAMBERS. I am the widow of the late Mr. Bellchambers. He was brought to my door on the morning of 11th Oct., a few minutes before my clock struck six—he was quite insensible, and remained so—I had him brought up stairs, and assisted in taking off his clothes—his watch was not in his coat or trowsers, and he had no hat—the watch and seals, and handkerchief, were gone—this is my husband's handkerchief—I had given it him on the Sunday morning—I looked in his trowsers' pocket and found this bag there—it is the bag in which he used to carry his money—there was nothing in it then but the piece of paper that is in it now—he used generally to have that piece of paper in the bag to roll his gold in—I had last seen him before six o'clock in the evening—I do not know what money was in the bag then—his snuff-box was not gone, I found it myself in his trowsers' pocket, on the other side from where he used to carry his watch and money—the watch and money was carried on the right side and the snuff-box on the left—I missed nothing from his left-hand pocket—his name was John.
JONATHAN BELLCHAMBERS. I am the son of the deceased—I last saw him before this occurrence, on Sunday, 10th Oct.—he dined with me, and left my house about five o'clock—he then appeared to be in good health—he was perfectly sober—I live at 19, Park-walk, Chelsea, which is about three miles from my father's see
JOHN PRICE. I live at 51, Wilton-street, Westminster, and am a carpenter—I knew the late Mr. Bellchambers, he lived at No. 44—I was at home on Monday morning, 11th Oct., after two o'clock—the house is in Wilton-street, and the workshop faces Kensington-place—the entrance of it is in Kensington-place—about half-past five, on that morning, I was in my loft, over the workshop, and heard some one in Kensington-place say, "Knock the b— —down"—I heard a fall against the shutters, and then down on to the pavement, as if the fall was first intercepted by the shutter, and then on the pavement—that was followed by a groan, and I heard some person run away—the groaning continued—a short time after I heard another person run—I heard a sort of sigual up the street, a sort of call, I cannot exactly describe it—it was some noise made by the mouth—I only heard two footsteps—the first was a heavy step, and the second a light one—I heard the fall instantly the words, "Knock the b— —down" were made use of—I should say the whole of this, up to the time the last person ran away, occupied about a minute or a little more—I did not go out into the street—I could not get out by the workshop door.
Cross-examined by MR. O'BRIEN. Q. Were you at work this morning? A. Yes, sharpening my tools on an oil-stone—my place is forty-five feet from where Mr. Bellchambers was found, taking it on the lower surface independent of the height—the door was not exactly closed, it was ajar, about an inch, against where the padlock is—it was padlocked outside—I had a light—I cannot describe the signal I heard, except that it was some noise made by the mouth—Kensington-place is not very rough—there are no gardens in front of the houses near where Mr. Bellchambers was found—there is no garden in front of the shutters—there is a garden to the corner house—I know where he was found, it was opposite the shutters.
Cross-examined by MR. CHARNOCK. Q. When did this occur? A. About half-past five—it was not nearer six—I heard the clock strike the quarters, and it was instantly after the second quarter—I did not see any of the parties—I only heard the footsteps of two persons.
ELIZA HOGHES. I reside at 4, Kensington-place, Westminster; about eight or ten yards from the corner of Kensington-place and Wilton-street—there is a small garden in front of our house—there is hardly anything growing there; it is almost bare—on the morning of 11th Oct., I found this bolt there (produced) about a yard from the pavement—it was not more than eight yards from where the blood was—I afterwards gave the bolt to Inspector Taylor—I had been in the garden on the morning before, about ten o'clock, and it was not there then—if it had been there I must have seen it, as I found it close to the door, and I had been cleaning by the door.
JURY. Q. Is the place where it was found, soft ground or stoney? A. It was mould.
THOMAS PRONGER (policeman, B 74.) I was on duty on Monday morning, 11th Oct., in Orchard-street—I know Dacre-street and New Tothill-street—about four o'clock I was standing at the corner of New Tothill-street and Dacre-street, and my attention was called to the King's Head, by a noise of hallooing and shouting—I went towards it, and saw Mr. Beese turning fourteen or sixteen people out—I was about twenty-four yards off—I could distinguish the people he was turning out—Sale, M'Coy, and Doyle, were three of them—the place became quiet after a short interval, and I went on my duty at a few minutes before five, or just on five—I went to the corner of Cooper-street and Orchard-street, which is about twenty-one yards from the corner of New Pye-street—it was light enough to distinguish persons at that time—there was a lamp right over the prisoners heads—I saw Sale, M'Coy, and Doyle, and a man, named Conolly, standing talking together at the corner of New Pye-street and Orchard-street—I knew them before, and had seen Sale and M'Coy together between twelve and one that night—Sale lived at 15, Union-court, which turns down close by the side of the King's Head—when I saw them at five, I believe they saw me—Conolly left them, and went up New Tothill-street; and the three others came up Orchard-street, towards Strutton-ground—when I saw them move I went on my duty—only part of Orchard-street is on my beat—when I left the corner of Cooper-street I went to the corner of Dacre-street, stood there a moment, and saw one person come out of the King's Head, and only one person—it was about five minutes after that that I noticed the three prisoners standing together where I have described—Mr. Beese let that person out—he seemed to walk very steadily the distance I saw him—I could not see him above seven yards from where I stood—he was going towards Strutton-ground—that would be in a direction towards Wilton-street—I then went round to the corner of Cooper-street, and saw a person who I thought was the same I had seen come out of the King's Head, go up Orchard-street—he was still in the way towards Wilton-street and Strutton-ground—I saw the three prisoners not above a minute after that at the corner of New Pye-street—the gentleman had then just got to the corner of Duck-lane, towards Strutton-ground—the three prisoners were then about opposite me—as I stood at the Cooper's Arms they left the corner, and came right past me, and were going towards Strutton-ground, the same way that the gentleman went—that was all I saw of either of them—I left at the corner of Strutton-ground—the prisoners were then going on after the gentleman—on the following Wednesday
morning about two o'clock, I met M'Coy in Orchard-street, took him into custody, and told him I took him on suspicion of robbing and violently assaulting Mr. Bellehambers—he said he knew nothing about it—I then told him it was from the King's Head, in Orchard-street—he afterwards said, on the way to the station, that he knew he was in the house between two and three o'clock—that was all he said—on the same day, about a quarter-past three o'clock, I took Doyle into custody—I took him out of a soup-shop, in Orchard-street, and told him that I took him on suspicion of robbing and violently assaulting Mr. Bellehambers—he said, "When I left you at the corner of Strutton-ground, I went home"—he gave me his address, 3, Orchard-street—I went there, and the landlady said he had never lived there—I produce a pair of old shoes, which I received from Mrs. Tuck, the land-lady of the house, 15, Union-court, where Sale lived—I know nothing with reference to those shoes.
Cross-examined by MR. O'BRIEN. Q. Is New Pye-street on the same side as the King's Head? A. Yes, and the same side as Duck-lane—Cooper-street is at the opposite side of the way—I saw the man come out of the King's Head, from five minutes to five to five o'clock—that was before I saw the prisoners—I first saw the prisoners, then saw the man come out, and then saw the prisoners again—I first saw the prisoners at the corner of Cooper-street, then saw the man come out of the public-house, I went back to the corner of Cooper-street, and saw the prisoners again—Duck-lane is about 104 feet Strutton-ground—I could see the man nearly to the end of Orchard-street—when I saw him come out of the King's Head I was at the corner of Dacre-street and New Tothill-street—I then went back to Cooper-street, and saw the prisoners still standing there—it did not take me more than a minute to go from one corner to the other—I again saw the person whom I supposed was the man who came out of the public-house just on Duck-lane, going towards Strutton-ground—that is rather more than half the way—it is rather farther from the King's Head to Duck-lane, than it is from Duck-lane to Strutton-ground—I will not swear whether the gentleman turned down Strutton-ground or up Chapel-street—there is a public-house at the corner of New Pye-street, where I saw the three prisoners—they were standing just at the door—there is a lamp right over the door—I could not see whether they were in Orchard-street when the gentleman came out of the public-house—they were in Orchard-street all the time—when the gentleman was near Strutton-ground they were right opposite me, in Cooper-street, only in Orchard-street—they had moved from where I first saw them to right facing me in Cooper-street—the gentleman had not turned the corner before they went up Orchard-street—they were all walking in the same direction, all walking at one time—I think there was about forty yards' distance between them—they were on the same side of the way—I was on the opposite side—I believe they saw me.
Cross-examined by MR. CHARNOCK. Q. Were you fronting them, or beside them? A. I fronted them once, when they left the corner and came up Orchard-street—that was after I had seen the man going up—I was on the right as you come from the King's Head, and the prisoners and the man were on the left—I stood in the street while they passed me—I did not speak to the man who came out of the King's Head—he was along distance before me—I was nearest to him when he came out of the King's Head—that was about fifty yards, as I stood at the corner of Dacre-street—I do not undertake to swear to the person—my belief is that he was the same person that I saw afterwards—I would not swear it.
M'Coy. Q. Where did you speak to me and Sale together; you spoke to me, but I was not with Sale? A. I did speak to you—you were not with Sale at that time, you were before.
MR. CLARKSON. Q. You will not say whether the man went actually into Strutton-ground or not? A. I cannot say—Chapel-street would have been out of his way going towards Kensington-place.
JURY. Q. Did you see Davis or Lloyd in the course of the evening? A. I saw Lloyd, about five or ten minutes to four o'clock, standing against the steps, talking to two girls, at the King's Head—I saw no more of him—I never saw Davis at all.
ELIZABETH TUCK. I am the wife of Richard Tuck, and keep No. 15, in Union-court, Orchard-street, which I let in furnished rooms. Before and up to 11th Oct., Sale and his wife took a room of me—I recollect hearing of Mr. Bellchambers' murder—I saw Sale on the afternoon of Tuesday, 12th—I did not see him after that before he was taken into custody—he did not give me notice that he was going—his wife went on the following Saturday—I had given her notice—they occupied the front parlour on the ground-floor—the shutters there are secured with an inside bolt—that bolt had lost the knob—the bolt produced resembles the bolt belonging to that shutter—I did not miss that bolt till the night Sale's wife left—it was their duty to fasten the shutters while they occupied the room—I had nothing to do with it then—when they came to lodge there, six weeks before, it was quite safe—I never was in the room but twice after they came there—no complaint was made about the shutter not being bolted—Sale did not complain to me about the loss of the bolt—I knew it was missing, but did not hear anything of it till Mr. Taylor produced it to me.
Cross-examined by MR. O'BRIAN. Q. Were there many lodgers there? A. Two more—they are outside shutters, but fasten inside, and are supposed to be shut every night—I saw Sale in his room on the Monday evening, 11th Oct.—I lent him 1d. then—he came for it, it was after candlelight—I cannot say the exact time—I saw him several times on Monday—I saw him in his own room when I went over to ask him for the money—I had seen him about twelve o'clock in the morning, and I believe I saw him pass up the court on Sunday afternoon—I live at No. 1, and Sale lived at No. 15—I know that M'Coy used to go into Sale's room.
JURY. Q. Was the bolt within reach of any person passing along the court, as it was a shutter that fastened outside? A. Not very well, they go up two steps to the room—the house is rather high, and the window is high—the shutters fastened with two bolts, one went up and the other dropped down—a bolt is put through the shutter on the outside, and fastened with a cross-bolt inside—it was not fastened from the outside—the bolt was visible in the day-time, it was left in the shutter, which was turned back—I do not know whether it was usually kept attached to the shutter—I do not recollect seeing it after Sale took possession—it was on the chimney-piece when he took the room, and I told him there was the bolt—on account of its having lost a knob it was not very easy to keep it in the shutter.
WILLIAM NOWLAN (policeman, B 56.) I know all five of the prisoners—my beat is generally in Orchard-street and Old Pye-street—I was on duty on the morning of 11th Oct., between four and five o'clock, and saw Doyle and M'Coy come out of the King's Head—I saw them as late as ten minutes to five—they were in Orchard-street, between New Pye-street and the King's Head, and about in that neighbourhood—I did see Sale that morning—I noticed two or three men go down the court, and come out of his house, but
I could not tell who they were—Doyle was quarrelling with a woman who cohabited with him—in consequence of what saw, I told him if he did not leave the street I would take him into custody—he left, and returned in about five minutes—at about ten minutes to five he went to the corner of New Pye-street, about twenty on twenty-five yards from the King's Head, I there lost sight of him—I saw no more of any of them from that time.
Cross-examined by MR. CHARNOCK. Q. Did Doyle part from the woman after quarrelling with her? A. I caused them to part, and he went in the direction of the street he lives in—that was about a quarter or twenty minutes past four—at ten minutes to five I saw the three prisoners go through Pye-street—Doyle then stood still, and I saw nothing of him after—he was not alone, M'Coy was at a distance of six yards from him—I knew where he lived.
JOSEPH WRIGHT (policeman, B 137.) On Wednesday afternoon, 13th Oct., in consequence of directions, while M'Coy was at the Rochester-row station, I took him out of the cell to examine his coat—while taking off his coat, he said, "I dare say you will be likely to find sone spots of blood on my coat, for I was brought here last Saturday night for fighting with an Irishman in Orchard-street"—I examined the coat, and found a red spot on the sleeve, which looked like blood, but I could not swear it was blood.
JAMES BRADLEY (policeman, L 42.) I took Sale into custody on 18th Nov., on London-bridge—I knew him before—I had been in search of him for ten or eleven days—I did not then know where he lived—it was about ten minutes to nine in the morning—he was in company into with two others, neither of the prisoners—I said, "Tom, I want you"—he said, "What for?"—I said, "On suspicion of robbing and murdering Mr. Bellchambers"—he made no reply—I went to put the handcuffs on and he made a bolt to try to get away from me—I got the assistance of a gentleman—we secured him and put the handcuffs on him—his conduct was violent—he resisted as much as he could—I called a cab—when I put him in he said, "I know what they want with me, because I was in a public-house with Bellchambers"—I had previously told him what I wanted him for—that was all that passed respecting this—we drove to the Rochester-row station.
WILLIAM TAYLOR (police-inspector, B.) I produce a letter which I received from Mr. Taylor, the chief clerk at Westminster Police-court—I have also produced the bolt which I and Pronger have compared with the shutters at 15, Union-court—it fitted and appeared to belong to that shutter—I was present at the examination of the prisoners on 25th Nov.—some time after that I received a massage by the gaoler, in consequence of which I spoke to Mr. Taylor, the chief clerk, who spoke to the Magistrate—in conesquence of some directions, I got an order and went with the gaoler to see M'Coy—I said, "M'Coy, I understand you wish to see me"—he said, "I do"—I said, "Well, what is it?"—he said, "I was at a public-house, at the corner of Dartmouth-street, in Tothill-street, and there was a man there who I think saw Sale give me and Lloyd some money, his name is Thomas Stirrup; he is known or to be found at the Craven Head, Drury-lane; if you find him, tell him M'Coy wants him to come forward and speak the truth what he knows; for we had two pots of half-and-half there"—I do not know whether he said the word "there" or not—he then said, "I can tell you where the watch was sold; but that is of no use, as the party or parties will deny it"—I then left him—I put no question to him.
received the handkerchief which has been produced by Goodwin, and took it to Mrs. Bellchambers the same day—she identified it and brought it here.
CHARLES LEWIS OTTEY. I am one of the warders of the House of Detention, at Clerkenwell—I was acting in that situation on 19th Nov.—M'Coy was in my charge—I observed that he was gloomy and declined to take exercise—I asked him whether he wished to go to exercise—he said he did not—he asked me for some paper, and said he should like to see the governor, as he wished to say something—I went with the governor to his cell, and took pen, ink, and paper—the governor asked him what he wished to state—he said he had something to say—the governor told him to put it to paper, and if he wished it to be sent, it should be forwarded immediately—I left him with pen, ink and paper—about an hour afterwards I went back, and he handed me this paper (produced)—it was folded in this form—he put the pen and ink into one of my hands and this paper into the other, and said he felt his mind greatly relieved, or words to that effect—he afterwards said, (but I believe I am rather incorrect,) "Tom Doyle is innocent; it is a pity the innocent should suffer for the guilty"—he said it was a pity the guilty should remain so long in prison—he did not say anything about a watch—this is my signature to this deposition—I cannot recollect whether it was read over to me before I signed it—I have not been sitting in a public-house while the other witnesses have been examined—my deposition was not read over to me in the Court—I cannot exactly recollect what it was—yes, it was read over to me before I signed it—I cannot recollect that M'Coy said anything more than I have stated.
M'Coy. I asked for the letter to be forwarded to the Magistrate? Witness. I believe I have stated that before—the Governor said what you wished to say should be committed to paper and forwarded to the Magistrate—he said it should be forwarded—he is not here—(Letter read—"House of Detention, Nov. 19, 1847. Sir,—I write these few lines to you, which I think myself justified by turning Queen's evidence in the case of Mr. Bellchambers, so that the guilty persons should be brought to justice, and the innocent have their liberty. About half-past five, on Monday morning, 11th Oct., Mr. Bellchambers came out of the King's Head, in Orchard-street, and went up Orchard-street towards Strutton-ground. Me Bellchambers down Strutton-ground, down the Horseferry-road, down Regent-street as far as Kensington-place. When he had turned the corner at the bottom of Kensington-place, I asked him what o'clock it was; he answered twenty minutes to six; when I stole the watch from him and ran up Kensington-place. He hollowed after me, 'Stop the b----.' The two persons that were with me were behind me when I stole the watch. I had not run more than twelve yards when I heard a blow and then a fall, one after the other. I ran home to Sale's place, at Union-court, with the watch. I was there about five or six minutes when Sale and Lloyd came in. Sale said he had hit him on the forehead with a bolt, and knocked him down. Lloyd said he had brought his hat with him, which he had on his head when he came to Sale's place. Thomas Sale, John Lloyd, and myself. Lloyd is well known to the police; he is a short lad; he wears the hat of Mr. Bellchambers, a blue jacket, with anchors on the buttons, corduroy trowsers, and low shoes. He is somewhere over the water by the New Cut. Thomas Doyle is innocent. Your unfortunate prisoner, George M'Coy. Sir, will you please, when I come up to the office on next Thursday, to keep me from Thomas Sale."
M'Coy's Defence. The letter is every word true.
Lloyd's Defence. I was in bed with my father at the time the murder happened; I have witnesses; I believe a woman in the next room heard me come in.
SALE— GUILTY. Aged 25.
M'COY— GUILTY. Aged 25.
NEW COURT—Thursday, December 16th, 1847.
PRESENT—Mr. RECORDER; Mr. Ald. FARNCOMB; Mr. Ald. SALOMONS; and Mr. COMMON SERJEANT
Before Mr. Recorder and the Fifth Jury.
324. JOHN JOHNSON and JOHN HARDEN , breaking and entering the dwelling-house of Edwin Roberts, on 28th Nov., at St. John, Hackney, and stealing 3 gowns, value 5s.; 1 skirt of a gown, 4s.; 1 cape, 18s.; 1 waistcoat, 5s.; 1 pair of ear-drops, 5s.; 1 seal, 15s.; 3 clasps, 6d.; and 1 shawl-pin, 6d.; his property: Johnson having been before convicted; to which
JOHNSON pleaded GUILTY. Aged 20.— Confined Two Years.
HARDEN pleaded GUILTY. Aged 18.— Confined One Year.
325. STEPHEN JOHN BRIANT and HENRY EDIKER , stealing 1 bell, value 2s.; and 3 oz. of wire, 1s.; the goods of John Pocock, and fixed to a building: and WILLIAM TURNER , feloniously receiving the same; to which
BRIANT pleaded GUILTY. Aged 12.
EDIKER pleaded GUILTY. Aged 10.
Confined Seven Days, and Whipped.
HENRY MORGAN. I am ten years old. I live in Cumming-street, Chelsea—I know Briant and Ediker by sight—I saw them on Monday afternoon, 29th Nov., go into the yard of Cumberland-cottage, Marlborougll-road, and break the bell off—it was an empty house—they then went away—they went the next morning, about nine o'clock, and took it away.
GEORGE SMITH. I am ten years old. I saw Briant and Ediker go, on the Tuesday morning, and take the bell out of the cottage—Ediker put it under his jacket, and Briant was with him—they told me they were going to Battersea-bridge.
HENRY HILL (policeman, B 176.) I took Ediker and Briant—I asked them where the bell was that they took from Cumberland-cottage—they said they had sold it to a marine-store dealer at the bottom of Whitehead's-grove—I went to the prisoner, Turner, in Jubilee-place—I asked him whether he had had a bell offered for sale, or had bought one that morning—he said, "No, I have not"—I went to another marine-store dealer and inquired there, and he said he had not—I returned to the station—Ediker was sent with me to show the house where he sold it—he said, "That is the shop"—that was Turner's—I went to Turner, and asked him again if he had bought it—he said no he had not, but he bought two the day before, which were broken up—I took him to the station—he then said he had bought the bell, and it was at home at his house, and the wire too—I found a portion of a bell at his house, which he said he had bought the day before, and he produced this piece of wire, which was claimed by Mr. Pocock.
Cross-examined by MR. BALLANTINE. Q. When you went back a second time to Turner's house, who did you find there? A. Mr. Turner, a female, and his wife—some of the houses there are very respectable, and some are not so—his shop it rather large—he had very good stock.
JOHN POCOCK. I live in Alpine-cottage, Chelsea. I am a livery-stable keeper, but an now out of business—I have rented Cumberland-cottage twelve months—it was locked up—I know this wire—I tied this string at the end of it, because it was not long enough—the string is still on—this lead was found at Turner's—it was taken from the cupboard in my back kitchen, and some brass was taken from Cumberland-cottage.
Cross-examined. Q. Did you suggest that 5l. might up all to rights? A. No.—I had no conversation about 5l.—there was a sum mentioned by a stranger.
TURNER— NOT GUILTY.
327. JOHN BRANNAN, JOHN BAVERSTOCK , and JOHN SMITH , burglariously breaking and entering the dwelling-house of George White, about 2 in the night of 27th Nov., at Paddington, with intent to steal, and stealing therein, 1 work-box, value 4s.; 1 medal, 1d. 1 half-crown, 1 shilling, and 1 sixpence; his property; Smith having been previously convicted.
MR. CLERK, conducted the Prosecution.
GEORGE WHITE. I keep the Queen Bess beer-shop, at 15 Harrow-road in the parish of Paddington. I know the prisoners—on Saturday night, 27th Nov., they were in my skittle-ground—they left about half-past eleven—I shut up at twelve—the skittle-ground adjoins part of my house—it is roofed in—there is a window opening from it to the yard of the next home, No. 16—that window was closed that night by myself, and all the does were closed—I was the last person up—I was alarmed by the police between two and three o'clock in the morning—I came down, and found a square of glass had been taken out of the bar-window, which separates that bar from the tap room, and placed on the tap-room table; and work-box, which had been looked and standing on the side-board, just inside, within reach of the window, was in the tap-room, broken open.
Cross-examined by MR. ROBINSON. Q. Is the skittle-ground part of the house? A. Yes it is a back room it the house—part of it is boarded—the prisoners were playing at skittles in the ground, and drinking—I cannot say how much they drank—I had suspicion, and went all round my premises the last thing before I went to bed—there is a door between the skittle ground and the tap-room—that door was closed and bolted.
Brannan. Q. There was nothing remarkable in my being in the house that night. A. No; you had been in the house before—I had bought a broom of you before.
Baverstock. Q. Was it the first time I had been in your house? A. No, you had worked for me.
GEORGE BISHOP (Policeman, D 30.) I was on duty in Harrow-road, about twenty minutes before three o'clock on Sunday morning, 28th Nov.—I saw a light over the door of the prosecutor's beer-shop—I crossed to the door—it has a large key-hole, I could put my three fingers in it—saw three persons pass the key-hole, and I heard a noise of a door open and some persons run down the skittle-ground—I knocked at the door, and sprang my rattle—I went
to the corner of White Lion-place and heard three persons drop from the window, one after another—part of the yard of 16 comes to the back of 15—I could not see the yard of 15, the wall is too high—I went to Vine-passage, and sprang my rattle all the way—when I got there, I was getting over the fence of 19, and Smith got out from under the fence, and got to 18—it is a wooden fence, between 18 and 19, about four feet six inches high—I searched the yard of 19, and found Brannan and Baver-stock close crouched by the water-butt—I drew my staff, and said, "If either of you move I will knock you down"—two other officers came up and took them—Smith had gone to 18—I searched that and the other yards, but in my hurry I missed Smith—I went into the beer-shop—I could not find him there—I found this work-box and this square of glass on the tap-room table—I came back and found Smith crouched down against the kitchen-window in the yard of 18—there is only one square of glass and a small hole to give light, and there he was crouched down, with a dirty white slop on—I called to him to came out—he said if there were only two of us he would nor go—I took him—I found on Baverstock this knife, with some putty on the end of it, which exactly corresponds in colour with the putty round this square of glass—I found on Smith this medal—he said, "Be careful, it is a half-sovereign"—I thought it was so by the gas-light, but as I put it down on the table I found it was a medal—I came back to the premises and saw the serjeant pick up a shilling, a half-crown, and a sixpence, not a yard from where the prisoners had first been, in the yard of 19, Vine-passage—the money was on the other side the fence, between where Smith was crouching and the water-butt.
Cross-examined. Q. The money was in Vine-passage? A. Yes, there was a yard between where I took Smith and where the money was—it was a dark night, but I had a lantern—I did not see three persons fall from the window, but I heard three heavy bodies fall from the skittle-ground window—I did not see the three prisoners together at all—I was getting over the fence of 19 when Smith got from under it—I was nearly close to him—the yard is very small—there is a stable-building and other things which take up the yard—I can undertake to swear that Smith is the man that got from under the fence—be had a long dirty slop on, down to his heels pretty well—I could swear to him from his dress—I could not see his face, but it was impossible for him to escape, there were officers stationed round every part—no other person could escape—I went from 19 to 18, and 17, and 16, to search, but I had left an officer, so that it was impossible any one could get away—that officer is not here—I went into the house from the yard of No, 16, but it was not three minutes before I was back—I just ran into the house and down into the cellar, but there was no place to look into—it was done in an instant—those houses are all occupied—the fence of the gardens is low—the back of 17, 18, and 19, is a high wall, White Lion-Place.
COURT. Q. Did you hear them in the house? A. Yes, I looked through the key-hole and three persons passed, and then ran down the passage.
JOSEPH WALKER (police-sergeant, D 5.) I heard the rattle spring on the morning of 28th Nov.—I went to Vine-passage—I was going to get into the yard of 19—Bishop said, "We can open the door"—he did, and I went in and took charges of Brannan and Baverstock—Bishop gave them to me and another officer—I remained there till Bishop came back with Smith—I produce a half-crown, a shilling, and sixpence, which I found in Vine-passage, close to 19—I went to the prosecutor's house, saw his son, and said I
had found 4s.—he said, "It is a half-crown of George the Third's, a shilling of the same, and a sixpence of Victoria—I wiped the dirt off the money, and it was so.
Cross-examined. Q. What door was this? A. A door leading into the yard of 19, from Vine-passage—I do not think there is a door to 18—it is a low wall at the end of the garden.
MR. CLARK Q. Where is the door? A. In the fence in the passage—there is low wall between 18 and 19—I did not go over the other yards—there is a stable and a washhouse at the end of the yards—a person can jump over the wall.
THOMAS WHITE. I live with my father, at the Queen Bess. On Saturday night, 27th Nov., I put a half-crown, a shilling, and a sixpence, into this work-box, about a quarter-past twelve o'clock—the prisoners had left the house before then—I put the box close under the window in the bar—I say the officer on Sunday morning, and described the money to him before he showed it to me—when he showed it to me, the same date and reign was no it as was on the money I had seen in the box before—I had a medal similar to this one—I had seen it in the box, a fortnight before the robbery—the halfcrown and shilling were George the Third's; and the sixpence was a Victoria.
Cross-examined. Q. Do you know the dates of all the money you have? A. Generally—I have a George the Third's sixpence in my pocket now—if I have several shillings I might not know the reign of every one—I had a medal exactly the same shape and size as this one, and it had the Prince of Wales's feathers on it—I believe this is the medal; I bought it in the street for 1d.—there were a great many others where I bought it—I was at home on the Saturday evening—there were a great many people playing a skittles.
Brannan's Defence. I had been to Mr. White's in the evening; I left at a quarter before twelve o'clock, and went home to my mother's apartment; she having a young woman living with her, and my brother, and not all being in bed, I said I would return in half an hour; I walked round into the Edgeware-road; I saw two men fighting; I stopped with the mob, and one of the men hurting himself, I, with several others, saw him part of the way home, towards Kensall New-road; I had occasion to go up this passage, and the officer came and gave an alarm, and took me to the station; I was charged with breaking into the dwelling-house; I am innocent of it.
Baverstock's Defence. I was in Edgware-road, seeing tow men fighting; one man fell down, I helped him home; I then went to this place, and the officer came and charged me with stealing a work-box containing a half-crown and a sixpence; when he took the knife from me, he never mentioned about putty being on; it must have been put by some person, to do me an injury.
WILLIAM BECKEY (policeman, D158.) I produce a certificate to Smith's former conviction at Clerkenwell, by the name of William Jackson—(read—Convicted March, 1886, and confined three months)—I was at the trial—Smith is the person.
BRANNAN— GUILTY. Aged 21. BAVERSTOCK— GUILTY .Aged 20.
Confined One Year
SMITH— GUILTY. Aged 24. Confined Two Years.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
last—I have examined it with the original—it is a true copy—(read—Edward Mortimer convicted April, 1847, and confined six months.)
WILLIAM MERRY. I am barman to Mr. Sinclair, who keeps the Black Boy and Apple-Tree, in St. Martin's-lane. On the evening of 26th Nov., the prisoner came to the front of the bar, and called for 1½d. worth of rum—I served him—he tendered me a shilling—I saw it was bad—I told him of it—he partly denied it, but said he had more money about him—he put his hand into his pocket, and pulled out another shilling—I found that was bad also—I kept them both in my hand—Fitch, who attends to the bar, had just stepped out—he came in in two or three minutes—I gave him the two shillings and called in an officer—Fitch marked the two shillings in my presence and gave them to the officer—when the prisoner first came in, I noticed that he took three or four shillings out of his waistcoat pocket, and passed one with his thumb on the counter.
Prisoner. I had but the two; and they being pronounced bad, I was taken from the bar before I went further.
Prisoner. Q. Was I not given in custody there and then? A. You were—there was a good sixpence found on you.
WILLIAM MAYER (policeman, F 132.) I was sent for to Mr. Sinclair's and the prisoner was given into my custody—I received from Mr. Fitch these two shillings—I found on the prisoner three duplicates and one good sixpence, in his fob-pocket—I took him to the station—he asked whether I had the two shillings—I said, "Why?"—he said, "They are both one date."
GEORGE DAVID LOVEGROVE (policeman, F 104.) On the evening of 26th Nov. I saw Mayer bring the prisoner from Mr. Sinclair's—it was raining very hard—he stopped, to allow him time to put on his cape—as soon as they had gone from there, I found this shilling.
Prisoner. Q. Did you state that at the station-house that night? A. I did not—I found it close by where you had been standing, in a court about two yards from the door of the public-house.
Prisoner's Defence. I acknowledge having two of them; I offered them both at the same place; I was not aware they were bad; the other one I know nothing about; I had but the two shillings that I was aware of; the sixpence was found afterwards.
GUILTY. Aged 30.— Transported for Seven Years.
MESSERS. BODKIN and ROBINSON conducted the Prosecution.
CALEB EDWARD POWELL. I am solicitor to the Mint—I produce a copy of the record of the conviction of Thomas Andrews, at this Court, at the July Sessions, 1845—I have examined it with the original—it is a correct copy.
Cross-examined by MR. PAYNE. Q. How did you examine the record? A. I had the original read to me first and then the copy, and they both agreed—(read—Thomas Andrews—Convicted July, 1845, and confined twelve months.)
Cross-examined. Q. Were you a witness on that trial? A. I was, in this Court—I saw him tried.
MARTHA WILSON. My husband is a baker, on Clerkenwell-green. On Thursday, 11th Nov., the prisoner came and asked for a penny loaf—he gave me a good half-crown—I put it into the till—I gave him two good shillings, and was going to give him fivepence in halfpence—he put his hand into his pocket, and said, "I beg your pardon; I find I have a penny in my pocket I did not know of"—he put down two shillings—I took the penny up, and gave him the half-crown—as soon as he was gone, I found one of the shillings was bad—I called after him—whether he did not hear, or did not wish to come back, I do not know, but he did not come—I went about five doors after him, took him by the collar, and brought him back—I said, "You have changed one of my good shillings, and given me a bad one; you must come back with me"—he said, "I gave you a good half-crown"—he repeated that several times—I said, "Yes, and I gave you two good shillings, and you have changed one, and given me a bad one"—he said, "Any person might make a mistake"—I sent for a constable and gave him into custody—I gave the constable the bad shillings—the prisoner was remanded till Saturday, and then discharged.
Cross-examined. Q. At the time you went before the Magistrate, you thought it was on the 14th the prisoner came to you? A. No; I said to the policeman, "It was the 11th, was it not?" and he looked, and said, "No, it was on the 14th"—that led me wrong—when I laid my hand on the prisoner's shoulder, he had his right hand in his right-hand-coat-pocket—he took it out and put it to his month, and turned round and walked up the hill with me—that question was not asked me before, till one of the Grand Jury asked me—I gave the prisoner two shillings out of the till—it was the only two shillings I had—it being a quarter-past eight in the morning, I had not taken more—I had looked at those two shillings, and tried them on a test I have on the counter that same morning, a few minutes before I put them into the till—there was not any money in the till the night before—I took it all out—I had taken the two shillings from two different customers that morning.
COURT. Q. Did you try the test on the shilling the prisoner gave you back? A. I did not—he did not give me time, and it was so bad it did not require testing.
Cross-examined. Q. How came you to tell her it was the 14th? A. I did not tell her so—I did not produce my pocket-book, and say it was the 14th—the prisoner was discharged on the 13th—I was before the Magistrate on 7th Dec.—I kept the shilling in my possession—I had no order to give it up—it is usual to keep it twenty-one days till there are orders to give it in, and then to give it to the inspector on duty—after the prisoner was discharged I locked the shilling up in a drawer which I kept the key of—I have a wife—we have but one key to that drawer—I generally keep it—I took the shilling out on 7th Dec.—this is the shilling—Mrs. Wilson marked it before she gave it me on 11th Nov.
MR. BODKIN. Q. Has it remained in the same place ever since? A. Yes, I found it in the place I put it in.
MR. BODKIN to MARTHA WILSON. Q. Did you mark the shilling before
you gave it to the officer? A. No, I gave it to him in the shop—he carried it up to Bagnigge-wells station—I marked it there before I came away—it has the same mark on it now.
Cross-examined. Q. That was after the officer had taken it to the station? A. Yes; he took the prisoner there—I said, "It was on the 11th of the month; was it not?"—he said he made a memorandum, and it was on the 14th. SAMUEL BAXTER re-examined. I gave Mrs. Wilson the same shilling she gave me.
MARY DOUSE. I keep a chandlers' shop, in Shaftesbury-street, New North-road. On 27th Nov. the prisoner came there, near seven o'clock in the evening—he wanted half an ounce of tobacco—I served him—it came to 1 3/4d.—he gave me a half-crown—I gave him change—I put the half-crown into the till—I had no other half-crown there, only three sixpences—the instant the prisoner had gone out of the shop, before any other customer had come in, I looked at the half-crown, and found it was bad—while I was looking at it. a butcher came in, who was a stranger to me—he said something to me, and went out of the shop again—he came back again in about five minutes, with the prisoner and the officer and two or three more persons—I gave the officer the half-crown I received from the prisoner—he was then taken into custody.
Cross-examined. Q. The butcher came in just at the moment you were looking at the half-crown? A. Yes; he looked at it—the prisoner was brought back in five minutes, by Jellett, the officer—the butcher came also—he took his tray and went away—I have seen him once since, he called on me and asked whether the prisoner was taken—that was all that passed.
MR. BODKIN. Q. Did the half-crown go out of your sight at all? A. No, I had it in my hand—the butcher left his tray against a cask of soda at my door, there was meat in it, he came back, shouldered his tray, and went away.
HENRY JELLETT (policeman, N 383.) On Saturday evening, 27th Nov., I saw the prisoner in Hoxton, being held by two men—they said he had passed a bad half-crown to a poor woman—I took him back to Douse's shop—she made the same charge, and gave me this half-crown—I took the prisoner to the station, went back to the same place where I had seen him held, and somebody gave me half an ounce of tobacco.
Cross-examined. Q. Who were the two men? A. One was Macklin, whom I knew from living near, the other was a lamplighter—Macklin went with me to Douse's shop, and several persons followed.
JAMES BRETT. I am a lamp-lighter, in Ironmonger-row, St. Luke's. On 27th Nov., about seven o'clock, I was in New North-road, near Douse's shop—I saw the prisoner, two men had hold of him—I went up—they said he had passed a bad half-crown to a poor woman—I heard another person say he had thrown some money away, and he pointed to the place—about that time the policeman came and took the prisoners way—I picked up half an ounce of tobacco—the next morning, early, I was coming by the spot that had been pointed out to me, and I saw a half-crown lay—I picked it up—it was bad—I gave it to the police sergeant.
Cross-examined. Q. You call yourself a lamp-lighter? A. I am a gaslighter round St. Luke's—one of the men who was holding the prisoner is outside—he is a painter, I believe—I do not know that I ever saw him before—I did not see a butcher, nor a tray—I looked for the half-crown that night, but it was so dark I could not see it—I found it in Deane-street, which is a public throughfare, between seven and eight o'clock the next morning.
EDWARD MACKLIN. I am a painter, in Cliff-street, New North-road. On the evening of 27th Nov. I was spoken to by a butcher, and the prisoner was pointed out to me—I went up to him and said, "You have been giving a woman a bad half-crown; come back and deliver the change to the poor woman, she will not hurt you"—he said, "I have not done such a thing; I have passed no half-crown"—the butcher and I brought him back to the end of the street, and he threw another half-crown away—whether it was good or bad, I cannot say—he trampled it in the mud—Jellett came up and took the prisoner into custody—I saw Brett afterwards give the policeman the tobacco.
Cross-examined. Q. When did you do any painting? A. The last time I was painting was the inside of a house in St. Jame's-park—I work for Mr. Cox, of Cobham-road—we were working at that house in the park about six weeks—the house is just through Storey's-gate—I believe it is called Birdcage-walk—I have always been a painter—I do not know that I was indignant at the prisoner's offering the half-crown to the poor woman—I never did such a thing myself—I can swear I have never been convicted of uttering counterfeit coin, and was never charged with it—I did not say to the prisoner, as I was taking him towards Douse's, that I would give it him to his heart's content—on my oath I had not had a quarrel with him—I have known him by sight for ten or twelve years—I had not seen him for three years before—I have not had a quarrel with him, and fastened this matter on him to spite him—I had no quarrel with him at skittles—I did not threaten that I would be a match for him some day—I do not know that I ever played at skittles with him—he never refused to pay me—I never was in his company but once—I was not tried in this place, and convicted three years and a half age for uttering counterfeit coin—I never stood in this dock, nor in the dock in the other Court, on my oath—the night the prisoner was taken he said, in the station, "You have been one of the same sort yourself"—I was not charged with uttering two bad shillings in change to a woman who bought mackerel of me in Leather-lane—I never sold such a thing in my life—I will swear I did not sell mackerel in Leather-lane, and give a woman two bad shillings to charge for five-shilling piece—there is not a syllable of truth in it.
CALEB EDWARD POWELL. This shilling is counterfeit—these two half-crowns are counterfeit, and both cast in the same mould—I have been attending the Mint prosecutions for many years—I have no knowledge of the wit-ness Macklin, he is quite a stranger to me.
GUILTY. Aged 25.— Transported for Seven Years.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
CALEB EDWARD POWELL. I produce a copy of the record of the conviction of George Smith, at the Sept. Sessions 1844—I have examined it with the original—it is a true copy—(read—George Smith, Convicted Sept., 1844, and confined one year.)
CAROLINE MATTHEWS. My husband keeps the Fox, at Cowley, in the parish of Hillingdon. On 19th Nov. the prisoner came there, accompanied by two females—they called for a glass of hot gin-and-water—I served it—it
came to 6d.—the prisoner laid down, as I thought, a half-sovereign—I gave him 9s. 6d. in charge—I took the half-sovereign up-stairs, put it into a bureau locked it up, and gave the key to my husband—there was no other half-sovereign there—the next day, in consequence of something that was told me, my husband went up stairs, and when he came down he showed me the same half-sovereign I had taken up the night before—I saw it was bad.
Cross-examined by MR. PAYNE. Q. How did you know it? A. I did not stay to put it with the gold—I laid it with the silver—I did not go up with my husband to fetch it—he had the key—I do not say that I recognize the half-sovereign as the one I had given me the night before.
HENRY MATTHEWS. I went up to the bureau on 20th Nov., to get out half-a-sovereign—my wife had given me the key of the bureau the night before, and it had remained in my possession—I found the half-sovereign in the bottom of the bureau—there was no other gold near it—I kept it till the policeman came—he told me to mark it—I did so, and gave it him—this is it—here is my mark on it.
Cross-examined. Q. You put a mark on it? A. Yes, on that Saturday night—I can say that this is the one I took out of the bureau on the Saturday—there might be about 2l. worth of silver in the bureau, and there might be ten or twelve sovereigns in gold, but that was in a bag in the bureau—I know there was a 5l. note changed—I believe the change was in half-sovereigns partly.
MR. PAYNE to CAROLINE MATTHEWS. Q. What gold was in the bureau? A. I do not know exactly—there might have been twenty sovereigns—it was in a bag—I had given change for a 5l. note on Saturday morning—I believe with ten half-sovereigns—we had a good many half-sovereigns, as we generally have—I do not know how I came to put this half-sovereign with the silver, but I did do so—I was in a hurry—I thought they were respectable people, and to accommodate them I took the change out of the bureau, and gave it them.
MR. BODKIN. Q. Where was the silver? A. Laid down in front, and I laid the half-sovereign there—when I changed the 5l. note I took all the half-sovereigns out of the bag.
MARY ANN CLAYTON. My husband keeps the Anchor at Yewsley, which is better than a mile from Mrs. Matthews. On 19th Nov., about half-past six, the prisoner came with two females—he asked for a pint of beer, and while I was drawing it he asked if I could give him change for a half-sovereign—I said I believed I could—I received a half-sovereign from him, and gave him 9s. 10d.—there was some talk about their being in a hurry to go by the train—I laid the half-sovereign on the counter—I afterwards discovered it was bad, and gave it to my husband—I am sure it was the same I received from the prisoner—I went with my husband to the railway-station, and found the prisoner and the two women there—the women were taken—one of them called out "George," and the prisoner looked out of a carriage—I was before the Magistrate on the following morning—I saw the half-sovereign which I had given to my husband produced there—it was put down on the desk—the prisoner caught it, put it up to his mouth, and swallowed it we suppose, we did not see it afterwards.
Cross-examined. Q. You went to the train in consequence of what they said, that they were going by it? A. Yes.
WILLIAM CLAYTON. I received a half-sovereign from my wife on 19th of Nov.—I have not the least doubt it was a bad one—I took it wrapped in a bit of paper to the railway, and gave it to the policeman—the prisoner was taken out of the railway-carriage—I was taken before the Magistrate
the next day, and saw the half-sovereign produced—it was laid down on the desk, the prisoner seized it, put it to his mouth and made a motion, and said, "It is gone."
Cross-examined. Q. How do you know it was bad? A. It would not ring—it was very light—I could tell by the weight of it on my finger.
JOSEPH HENRY TAYLOR (policeman, F 215.) In consequence of information I took the prisoner at the West Drayton station—I received a half-sovereign from Mr. Clayton—I looked at it—it was bad—I produced it before the Magistrate the next morning—the prisoner sprang forward, took it and swallowed it—he said, "That is where forty more" or "many more are gone"—I found 8s. 6d. on him at the railway—I afterwards found 10s. 8 1/4d.—I asked him where he got that as he had not it before—he said his wife gave it him.
GUILTY. Aged 30.— Transported for Seven Years.
Before Mr. Common Serjeant.
331. HENRY LAWRENCE , burglariously breaking and entering the dwelling-house of John Lawrence, on the night of 27th Aug., at St. George, Hanover-square, and stealing therein, 3 shawls, value 16s.; 1 cape, 13s.; and 3 shirts, 10s.; his goods.
JOHN LAWRENCE. I am a fishmonger, and live at 2, Motcomb-street, in the parish of St. George, Hanover-square—the prisoner is my son—on 27th Aug., I went to bed a little after ten o'clock—I looked at my back kitchen window, it was secure—I came down about half-past five next morning—there was a square of glass broken in that window, and the fastenings were cut—it appeared as if somebody had got in through that window, and the doors were left open—three shirts and one shawl were gone from the front kitchen, and two shawls from the back kitchen—I had seen them safe at ten o'clock the night before—these produced are the shawls.
Prisoner. Q. Whose property is this? A. The three shawls belong to Miss Taylor, the shirts are mine.
HENRY ADAMS. I live at 45, Tothill-street, Westminster—the prisoner lodged with me—I found two duplicates in his bed-room—when we were going to bed in the evening, I asked him if he had lost any—he said he had—I told him I had picked them up and placed them on the mantel-piece—he wished me to preserve them for him—I afterwards gave them to the policeman,
Prisoner. I said I had lost some tickets, but I did not say what of.
Prisoner's Defence. I was never near the premises; I have no chance of having witnesses; they stopped my letters by my father's order I believe.
COURT to JOHN LAWRENCE. Q. Did you order his letters to be stopped? A. No, he has been continually robbing me.
(There was another indictment against the prisoner.)
GUILTY. Aged 21.— Transported for Seven Years.
JOHN CLARKE. I live in Queen's-terrace, St. John's-wood. On 1st of Dec. I went with the prisoner to the Abbey-tavern—we had some gin-and-water—I had a 10l. bank-note in my pocket, and five or six sovereigns—I stopped there perhaps an hour and a half—the prisoner was with me the whole time, and he only—there was a master-builder in the parlour part of the time, but we sat in separate chairs—I fell asleep for a short period, and when I awoke the prisoner was gone, and my money also—the policeman has got the number of the note, and I knew the number—previous to going to she tavern the prisoner had asked me to advance him sixpence or a shilling—he said he had not had anything to drink for a day or two—I said I was sorry, but if he would accompany me to the Abbey-tavern I would give him some refreshment.
Prisoner. Q. When you called on me I not getting my breakfast? A. No; there was no food of any description there—we had been in a public-house before we got to the Abbey-tavern—I took nothing there—you did not pay for some ale in my presence.
JAMES SMITH. I keep the White Lion in Edgware-road—I know the prisoner—he came to my house on 1st Dec., about five in the evening, and asked for change for a 10l. note—he was told he could not be accommodated—he left and returned in about an hour and a half—he went into the front room, remained some time, and fell asleep, leaving a bundle unprotected—the waiter saw it and brought it to the bar—I took possession of it—the prisoner came afterwards to know if it had been delivered over the bar, and it was shown him; he took it and returned into the room—he remained a part of the evening and required a bed—he came to the bar to go to bed—learning he had money I recommended that he should hand me the money before he went to bed—he deposited nine sovereigns with me—he had a new great coat on.
Prisoner. You have known me many years, and always knew me to be a respectable person? Witness. I never heard anything of the like of this before—you are acquainted with the people who use my house.
RICHARD PAINTER. I live with Mr. Grove, an outfitter, in Edgware-road—the prisoner came about six o'clock in the evening, on 1st Dec.—he bought two jackets and a pair of trowsers, which came to 1l. 7s. 9d.—he paid with a 10l. note—he said he was in an office in Somerset-house.
CHARLES CALLAGAN (policeman, D 134.) The prisoner was given into my charge—he said, "What is all this about? what is all this fuss about?"—I found on him a half-sovereign, 8s. 6d. in silver, and 6d. in copper—Mr. Smith delivered to me six sovereigns.
Prisoner's Defence. I had been all the day along with Mr. Clarke; I have always conducted myself in a respectable way, but I had too much to drink with him, which led me to appropriate what did not belong to me; I did not pick his pocket, but picked up the note from the chair where he was sitting; I admit I changed the note and appropriated part to my own use; I put my own name on the back of the note; I hope you will be merciful to me; if I should be released, I will do everything to remunerate him; I declare I never saw the sovereigns.
GUILTY. Aged 36.—Recommended to mercy by the prosecutor and Jury. — Confined Nine Months.
GUILTY.— Confined Six Months.
GUILTY. Aged 17.— Confined One Month.
GUILTY. Aged 36.— Confined One Month.
MOTTRAM pleaded GUILTY. Aged 20.
MEE pleaded GUILTY. Aged 20.
Transported for Seven Years.
MESSRS. PRENDERGAST and HOWARTH conducted the Prosecution.
JOHN HENRY EATON. I am master of St. Pancras' work house—the prisoner was admitted there as a pauper in Nov. last—he was there till 27th Nov.—he and another person made an application to me between eight and nine o'clock that morning—the prisoner came up with two cans containing milk porridge—he held out one of the cans to me, and said, "This is thin, it is not fit to eat, it is not like that in this other can which is sent to the men's hall"—I examined the cans and could see no difference—I referred him to the store-keeper—in a quarter of an hour or twenty minutes afterwards my attention was called to the passage—I went there and found the prisoner and some twelve or fourteen others—they had left their ward, which is situated at the other end of the house—they came into the passage up of the office—the prisoner said the porridge was not fit to eat, it was hogwash, and pig's milk, and he would not have it, he would have better, or he would know the reason why—a man named Miles was more violent than the prisoner—I tried to quiet them and could not—I asked if any two men would come forward, and they would not—I put my hand on Miles, and said if he was not quiet I would lock him up—he threw himself down and kicked me on my legs—I put my hands down to take hold of him, and the prisoner and other closed me round and got him from me—I sent for two constables and told them to take Miles and lock him up—I went out with them—I then came back and saw the prisoner in the centre of the room—I pointed to him and said, "Take that man"—the moment I said it, he made a blow in my face with a can, which cut my lip through, fro the nostril down to the bottom, loosened four of my teeth, lacerated my under lip, and swelled my jaw and chin—I was five days unable to eat anything but spoon meat—I saw the prisoner's hand under his jacket, and the moment I spoke he struck me with it.
JAMES CHADBORN. I am store-keeper at St. Pancras' work house—the prisoner and another man applied to me on the morning of 27th Nov. about the milk porridge—I examined what they had got—the same porridge was served in their wards as was in the men's hall—there was no difference—I took
them into the scullery to endeavour to explain it to them—I was present when the master ordered Miles to be taken into custody—he threw himself down—the master was pushed away, and Miles was rescued—I afterwards heard the master order the prisoner to be taken into custody—on one had touched him at that time—he was standing in the middle of the room, with his hand under his jacket—the moment the master pointed him out he struck with this can with his right hand backwards, with all the violence in his power, and struck the master on the lip—it is a pint and a half can, which the men use for their breakfast porridge—Mr. Eaton was severely wounded—I wondered he did not fall down, but he did not.
Prisoner. Q. Did not the master have hold of me by the collar. A. No.
MR. PRENDERGAST. Q. How long was it after Miles was taken that this was done? A. About five minutes it might be.
HENRY JAMES. I was a pauper in St. Pancras' workhouse—I saw Miles removed, and I heard the prisoner say he supposed he should be the next to be removed—he then took this tin off the table, and placed it under the left part of his coat or jacket—the master came in with two constables, and ordered them to removed the prisoner from the ward—the prisoner took the can from under his coat and struck the master back-handed in the face, saying, "Take that"—the master bled very much from the wound—I am not aware that any one had touched the prisoner before that.
Prisoner. Q. Before he came, did you not persuade me to go away, and did I not say I should go away quietly? A. I did not hear that.
Prisoner. You were the first person who took the gruel back, and persuaded all hands to send it back.
HENRY CHARLES ROBINSON. I am a surgeon—I looked at Mr. Eaton—I found a severe incision on his right nostril, severing the lip from the bone, and loosening the upper teeth—either the edge or the bottom of this can would do it, if it were applied in the way described.
Prisoner. I said Mr. Eaton stood with his staff over me. Witness. No, you did not.
(The Prisoner put in a written defence, stating that Mr. Eaton had refused him permission to see his wife and family, who were also in the workhouse; that the gruel being bad he and others complained of it, on which Mr. Eaton collared and struck him, and that, on his being given into custody, he reached over the hands of the others to place his can on the table, and might, in so doing, have accidentally touched the prosecutor's face.)
Witnesses for the Defence.
JOHN BUSHER. I have been in St. Pancras' workhouse seven weeks or two months—the prisoner made application one morning to go to see his wife—I heard Mr. Eaton say he should not—on the morning of the 27th the gruel was bad, and the prisoner and Miles took it up—they could get no redress—we all walked up then, and the master came down—(there are visitors of the workhouse who go round, but we are not allowed to see them—I have asked to see them and to see the justices, and have been refused on two or three occasions)—when we went up on that occasion he said the gruel was too good for such scoundrels as us—he then came and threw Miles on the floor, and dragged him on the floor, and we rescued him and the prisoner—Mr. Eaton then put his staff over the prisoner's head, and would have struck him—he was in the act of striking him—he would have had a gash in his head
for life—he put up the pot, and it fell off the staff on to his lip, by warding the blow of the staff off
JURY to JOHN HENRY EATON. Q. Have you not board days? A. Yes, two every week, and the pauper are at liberty to make any complaint before them.
WILLIAM REYNOLDS. I am in the workhouse, an able-bodied man—on the 27th the gruel was very bad—the prisoner and Miles went up, and could get no satisfaction—we then went up to see master—he came out, and said it was too good for such vagabonds as us—he then came and cossdragged the boy Miles—we took Miles away—he then came and held his staff over the prisoner head—I believe the blow was given by the prisoner, but it was to ward off the blow—the staff was up in his hand—he made his way towards the prisoner, and there were constables outside the door—he said to them, "Take this man away."
GUILTY of as Assault. Aged 31.— Confined One Year.
JOHN FORREST. On the 14th of Dec. I was passing opposite the London Dock—a friend came up, touched me on the shoulder, and asked me if the prisoner was a friend of mine—I said, "No;" I had no friend but they young gentleman I was speaking to—he then said, "Have you lost anything?"—I felt, and said, "My handkerchief"—he said, "Come on, I know who has got it"—we went on—I touched the prisoner, and said, "Give me that handkerchief"—he took it out of his breast and gave it me.
Prisoner. What distance was I? Witness. I suppose not ten yards—you had not time to give away the handkerchief to any other person.
JAMES CHADWICK. On 14th Dec., about half-past five o'clock in the evening, I was walking between the Brown Bear and the Docks—I saw the prisoner put his hand into Captain Forrest's pocket, and take the handkerchief out—I touched the Captain, and said, "Is that a friend of yours?"—he said, "No"—we then went to the prisoner—he pulled the handkerchief out of his bosom.
Prisoner. Q. Were you behind me? A. You looked in my face when you drew the handkerchief; you went on, turned round the Brown Bear, and came back.
Prisoner's Defence. I saw a boy drop it; I picked it up, and said, "If this is yours, here it is," and gave it out of my hand.
GUILTY.† Aged 23.— Confined Six Months.
OLD COURT.—Friday, 17th Dec., 1847.
PRESENT—Mr. JUSTCE WIGHTMAN; Mr. Ald. FAREBROTHER; Mr. Ald. GIBBS; and EDWARD BULLOCK, ESQ.
Before Edward Bullock, Esq., and the first Jury.
339. JOHN SHEARING , for burglariously breaking and entering the dwelling-house of John Dobson, on the night of 18th Nov., and stealing therein 6 coat, 2 pairs of trowsers, 3 waistcoats, and other articles, value 17l., his goods.
in Paternoster-row, Spitalfields—it is his dwelling-house—the prisoner used to frequent our house—on Thursday, 18th Nov., about five o'clock I was in my bed-room, my clothes and my husband's were then safe—when I felt I locked the door and brought the key away in my pocket—after that in the afternoon I saw the prisoner in our house—he is a bedstead-maker, and works next door to us—there is a back-yard to that house and who to ours—they are separated by some boards—we have a dust-bin close against the fence—a person could get from that into the prisoner's master's yard—about eleven o'clock that same night, in consequence of something I heard, I went to my bed-room and found the door forced open—two drawers were broken open, and a writing-desk and a dressing-case—nothing was taken from them, but from one chest of drawers that had not been locked, were taken two pairs of trowsers, three waistcoats, four gowns, five linen shirts, and a variety of articles, they are all my husband's property, and worth about 17l.—I afterwards saw the prisoner in our house—his hands were all over dirt—he said persons called him a thief, and accused him of the robbery when there was no one in our in our place that accused him of anything—no one did accuse him—we had then just found out the robbery, and sent for an officer—I do not know whether he knew that—he was tipsy—the policeman came and examined the room—I had not seen the thing since—we found a little cap by the dust-bin in our own yard, and a pair of cuffs—I saw the prisoner at our house again most of the next day—he was taken into custody on the following Saturday.
Cross-examined by MR. PAYNE. Q. Have you not seen any of the things since? A. Nothing, except the baby's cap and cuffs—the prisoner appeared to be very drunk when he said this, and was violent—he was taken out of the house for striking me—he had never done so before—I understand he broke his arm in going home through interfering with our door—he has been in the habit of using our house ever since we had kept it—he was out of work at this time—my husband and others talked about the robbery—I do not know that he spoke to the prisoner about it—he was not at home when the prisoner said he was no thief; he was gone with the policeman—it was talked about next day in the tap-room, not that night—it was not mentioned when the prisoner came there and was taken away—he had been in and out all the evening—he came back after the robbery had been found out, and staid about ten minutes—he was unwilling to go away—I did not see him break his arm; I believe he did—he had hurt it before that, and had had it tied up for three weeks before.
WILLIAM MILLER. I am thirteen years old, and live with my father and mother in French-alley—the prisoner works there at Mr. Goodge's, a bed-stead-makers—on 18th Nov., at eleven o'clock at night, I saw him come out of his master's with a large dark bundle under his arm, he went to the oysterman in Crispin-street and had one pennyworth of oysters—he then went towards Bell-lane.
Cross-examined. Q. What were you doing? A. I was going out for some coals for my father—I had just done work—I had working at Mr. Dibble's green-stall in the market.
ADRIAN PARSONS. I keep an oyster-stall in Crispin-street, Spitalfields—on the night of 18th Nov., about twenty minutes to eleven, I saw the prisoner close to my stall with a large bundle grasped in both hands—it appeared to contain loose clothes—he was going towards Bell-lane, coming from the
prosecutor's house, which is next door to his master's—I afterwards saw him again going in a direction from his master's towards Bell-lane with another bundle similar to the first—he appeared intoxicated, and said he was moving some things for his mother—I saw him a third time with a smaller bundle under his arm—I served him with a pennyworth of oysters that time, and he went in the same direction as before.
Cross-examined. Q. When did you first say anything about having seen this? A. I told a policeman the same night—Crispin-street is not above 100 yards from the Grapes.
GIDEON JARRETT (policeman, H 213.) I was on duty on 18th Nov., and saw the prisoner in Crispin-street, about ten o'clock, going towards Bell-lane—I did not notice that he had anything with him at that time—I knew him before I saw him again the same night, about a quarter past eleven—he them had a dark bundle under his arm—he went to the oyster-stall, and then went towards Bell-lane again—it did not appear to be a very large bundle.
GEORGE TEAKLE (police-sergeant, H 8.) On Saturday morning, 20th Nov., I took the prisoner into custody at his lodgings, and told him he was suspected of the robbery at the Grapes—he made no reply—I searched his lodging, and in a drawer there I found this screw-driver (produced)—I have compared it with the marks on the two drawers and the two desks which were broken open, and it exactly corresponded with the impression—I have here one drawer and one desk (produced)—there are marks on them.
Cross-examined. Q. There are hundred of those tools? A. No doubt of it.
Before Mr. Justice Wightman.
340. THOMAS DOYLE and JOHN LLOYD , stealing 1 watch, value 5l.; 1 seal, 10s.; 1 watch-key, 10s.; and 1 hat, 10s.; the good of John Bellchambers, from his person: and THOMAS DAVIS , for feloniously inciting them to commit the said felony.
(No evidence was offered. see page 308)
MESSRS. BODKIN and CLARK conducted the Prosecution.
CATHRINE SHERIDAN. I am the daughter of the deceased Frances Sharidan—she was a widow—my father was an officer in the army—my mother at the time of her death resided at 31, Mare-street, Hackney, and had done so about nine months—she occupied the first floor—my sister Frances Johnson, her little girl, my brother, and myself, lived there also—the front room was used as the sitting-room for all the family, and my brother also slept in that room—my mother, my sister, her little girl, and myself, all slept in the back room—my sister is married, and has been separated from her husband, and living with my mother for the last two years—my brother is a clerk in the Correspondent's-office in the Excise—he was appointed by Sir John Mortlock, who was the colonel of my father's regiment—my brother need to allow my mother 8l. every six weeks, out of his annual salary—he always paid that to me, sometime at the Excise-office, and sometimes he has brought it to me in Broad-street—he always paid it on the day he received his salary—I used note to be with him when he received his salary—I learned from him that he insured his life on account of my mother—when he went into the
Excise, in 1829, Sir John Mortlock wished him to insure his life, in case of his death, because both my brothers were in the Excise, and if they died my mother would be unprovided for—she had no allowance from the War-office, as my father was only a captain in the militia when he died—I heard my brother state that repeatedly—Sir John gave him the situation, on purpose to provide for my mother and sisters—when I last took the half-quarterly allowance my brother said he would not then allow my mother what he had done—he told me I should never receive it again—that was the last time but one—I was ill the last time—he has repeatedly said so, and there was generally a disturbance when he paid it—he had a great objection to pay what he allowed his poor mother—he said he regretted that he had undertaken the situation, to allow this to my mother so long; he wished Sir Joha had never given him the situation; he regretted it very much—he has told my mother so repeatedly—he was quarrelling with my mother during my illness—I heard them quarrelling when I was in bed in the next room—he was very violent and angry—I do not exactly remember what he said—up to 17th Oct. my mother was in her general state of health, except that she was feeble and infirm—I should say she was sixty-six or sixty-seven years old—I never heard her state her age—the day my mother was taken ill I, was in bed in the back room, and had leeches on my head at the time—my brother had been at home on the previous night, Saturday—he did not sleep in the house that night, he went out again—on the Sunday (17th Oct.) he came again, some-where in the middle of the day—my mother was then in the sitting-room with him—my sister was with me—the little girl was in my room the chief part of the day—my brother was in the front room, the sitting-room, all day from the time he came home—I was very ill; but, as far as I can recollect, he was in the sitting-room all day—I do not recollect anything being sent for—I did not see my mother till the evening—she was then very bad; I thought her dying when she came into my room—she had been in her usual health in the morning, and got up as usual, and went into the other room before my brother came in—in the evening she was led into the bed-room by my brother—it was about six or seven o'clock, I should think—she was then vomiting very much, retching violently, and what she brought up was very black—she seemed in a stupor and could scarcely stand; my sister was in the room with me at the time—she had been with me all day—the doctor wished her to remain with me because I was so very ill—I do not think she had left me for half an hour during the whole day—my brother did not say anything when he brought my mother in—he did not speak at all—he remained, perhaps, two or three minutes—I said to him, "Oh, dear, how ill mother is! what have you been doing to her," or "giving to her?"—I do not know the exact words I used—and I said, "Mother, how bad you are, what has Stuart been doing to you?" or "what have you been doing to her?" I said so to him—he made no reply, but went out of the room immediately—my mother remained in that state of stupor all the Sunday night, I believe—the sickness continued just the same, and the next day too—she had a violent bowel complaint as well as the retching—she made no complaint—I wished her to send for the doctor, and she said, "Never mind, dear, it will soon be all over"—I believe Mr. Ayre was the first medical man who saw my mother—I sent for him—the little girl went, I believe, I think the Monday evening, but I was very ill at the time, and hardly recollect—I know it was not on the Sunday—during her illness she very often had arrow-room given her—I did not attend to her at all—I might
have given her a little previous to the doctor coming, but my sister attended to her the chief part of the time previous to her death—nobody else attended her—we had no one else in the house, and I was very ill, and could not attend to her—on the Sunday after, the 24th, I got out of bed and went into the next room, and asked my brother to come in, because I thought my mother was very ill—he had been at home the whole of the previous week, except going out occasionally during the day—he had a holiday, and was at home before mother was taken ill—I think he had been in to see my mother during the week—once I asked him to come in and see her, as she was very ill—at another time I called to him as he passed by to come in and see her, and he said, "Oh, no, I cannot stop, it is no use my coming in," and he went away—she was in the same bed with me from one Sunday to the other—I had kept my bed for about eight weeks before that—I was in another bed in the same room after she was very ill—my mother was not capable of speaking on the Sunday—I do not think the prisoner came in more than once during the week, and then only for a few minutes—my mother did not speak to him or he to her—she only looked at him—I do not think he spoke to her—he went out again directly—before he came in I said, "Stuart, mother is very ill, will not you come in and see her?"—I think my mother died on 29th or 30th Oct.—my mother never spoke to me in the prisoner's presence about her illness—two or three days after she was taken ill, I accused my brother of poisoning her—I do not recollect on which day that was—it was while she was in the bed with me—I got out of bed, went into the other room, and said, "Stuart, my mother is very ill, I think you have poisoned her"—I firmly believe the words I used were, "You have poisoned your mother, she was never so ill as this before"—he made no reply—my mother was ordered arrow-root and brandy—I had some arrow-root two or three days after my mother's death—it was some of that which she had had, it and was in our room—my sister gave it me—she was going to send my niece for some, and he said, "Fanny, you had better let her have some of that in the parlour cupboard"—I was very ill before, but after I had eaten the arrow-root my tongue was very much swollen, and my throat was very sore—I do not think my tongue was swollen or my throat sore that day before I took the arrow-root—no one else ate any—my sister was there and saw it given me—I think the little girl made it for me—Mr. Randall, who is the landlord of the house, was present about a fortnight before my mother was taken ill, when there was a quarrel between my mother and brother—Mr. Randall went into the front room—I was in the bed-room—my brother came into the bed-room and struck my mother on the temple—she was in bet with me—I do not know whether he kicked against the door or rushed into the room, but he came into the room, made use of very bad expressions, and struck my mother on the temple while she was in bed with me—I jumped out of bed and screamed "Murder!"—she was asleep when he came in—it was about ten or eleven o'clock at night, and she had been in bed since about eight—he struck her on the temple several times; I do not know why—it was not a quarrel, I should have said a disturbance—there was an uproar, because the people came up to prevent my mother being killed—my mother was in possession of the policy on my brother's life—she kept it in her drawer—my brother took possession of it either when she was dying or after she was dead—I think it was on the day she was dying, or the day after; I really cannot recollect which—the policy was locked up—the key was in my mother's pocket.
and he said to me, "Kate, I want that policy of mine"—I cannot recollect whether my mother was dead or dying at that time—I cannot remember when it was—he took the key himself, took the policy and went out directly—my mother had an allowance of 10l. a year, which she received from Ireland at Christmas by the post—I recollect my brother writing a letter during my mother's illness—I think it was the day before her death, but I am not certain whether it was before or after her death—there was a printed form sent with a letter to Ireland, which stated that my mother was still alive—I made an observation to my brother about the letter he was writing, and he tore it up and began another—I asked him why he wished the money-order to be sent in the name of William Stuart Sheridan instead of Frances Sheridan—(I remember now my mother was then alive; that recalls it)—I had looked over him—I think he said that he did not think his mother would last long, and if he was to sign her name she would most likely not be living—he said he thought he might as well sign it in his name, because in all probability mother would not be alive when the money was payable—I said perhaps she might rally—he said, "How do you know that?"—I said Mr. Hacon had said so, that the complaint might take a change; and he said, "No, I do not think she will."
Cross-examined by MR. CLARKSON. Q. It has been said that the whole family, you mother, sister, brother, and yourself, were very much given to drink, is that so? A. It is not—I do not think any one can say that they ever saw me the worse from taking anything in my life—I have been over-come, and very ill, and subject to fits since my illness—I have not had it in my power to get brandy or anything of that sort—I was ordered a little wine or spirits during my illness, and did not have it in my power to get it—I speak for myself—I was not given to drink, nor was my mother—she has taken a little in moderation, but she never was the worse for liquor—I am twenty-seven years old, and the prisoner is five or six years older—I believe he has been sixteen or seventeen years in the Excise—we have not been quarrelling for the last three or four years—we have been on very good terms—I remember my brother saying, about three years ago, that he would not maintain Mrs. Johnson and her child in his house—her husband is living away from her—that was only one part of the quarrel—my brother used to allow my mother 70l. a year—he was obliged to allow her that—I think his salary was more than 130l.—I do not know how long Sir John Mortlock has been dead.
Q. Throughout the whole of this transaction, can you fix upon any day or date for any one thing. A. It ought to be considered how I was used, being kicked and beaten about—he injured my brain very much, and he stamped on me most furiously at times—my illness was not arising from drink—the doctor can tell you different to that—I went into the room when the body of my mother was being laid out by Mrs. Armstrong and Mrs. Mills—I was not drinking brandy-and-water while that was being done—I had a little during the day, for I had been very sick during my illness, from the way in which I had been treated—the doctor had recommended me a little spirits in a little water—I had none that day, to my knowledge—I had a little wine—my brother had not, to my knowledge, pawned his coat for the purpose of procuring brandy-and-water for my mother—I fainted away the morning my mother died, and my little niece sent for some sherry—it might be a little brandy, but I do not know, for I was very ill at the time—I do not recollect Mrs. Armstrong being sent out for ale and brandy on the afternoon of my mother's
death, unless my brother sent her—she was not sent out for ale and brandy for me and Mrs. Johnson—my sister and her husband came up to see my mother, and they may have sent out for things—I did not partake of ale and brandy-and-water that was sent for that afternoon—Mrs. Johnson did not, to my knowledge—she might have taken a little to drink—she was not lying drunk on one of the chairs within a short time of my mother's death, to my knowledge—I did not see her—I was too ill perhaps—I did not notice her—I do not remember seeing her—I know that my sister was there, and my brother-in-law, and they were in great distress when they came and found my poor mother was gone—that is another sister, Mrs. Silvester, who lives in the country—she is respectably married—I do not know where Mrs. Johnson was at the time of my mother's death—I was very ill and in bed at the time—I was sitting up partly, and at the time my mother went off I do not know whether I was awake—I told a woman, when she told me my mother was gone, that I thought I must have fallen off in a fainting fit—I was very subject to them—my sister was not then in the room—I do not think she came back till the evening—when she came to see my mother she was dead—she was crying and in great distress of mind—she was not drunk then—she could not have been lying drunk on a chair, as she was attending my mother all day—I believe she has said in my presence that she went out that night, being so excited, and slept at a friend's house—it was during my illness that the prisoner struck my mother, a short time before I suspected him of poisoning her, about a fortnight previous to her illness—I have not said that it was before last Christmas—it was on a Saturday evening—Mrs. Randall was present—she is not here—the arrow-root came from the grocer's—I believe my mother ordered it to be sent—she told me to order it, or some of us—it was sent by the grocer.
FRANCES JOHNSON. I am the wife of Robert Henry Johnson, a fire-lighter in the Excise—I have been separated from him more than two years—I have a daughter about ten years old—that is my only child—she and I lived with my mother in Mare-street, Hackney—my mother supported me latterly, with what my brother allowed her—it is more than two months since I received anything from my husband—I sued him, and he was obliged to allow me 5s. a week—I received that for six months or more before my mother's death—at the time of my mother's death, six weeks was owing to me—I lived at home with my mother—I did the best I could with it—it was very little—my poor mother assisted me in the best way she could—I used to keep myself as far as I could—I laid it out, and assisted my poor mother when she was short—it went into the common fund for the support of the family—my brother allowed my mother 70l. a year, which was received half-quarterly—the money was applied to the general support of the family—the Commissioners of Excise compelled him to allow that—it was intended for my poor mother's support, but she thought I had not enough, and assisted me as far as she could—my brother used to come home occasionally—the rent of the rooms was paid out of that money—my mother had the bills of the house to pay—my brother did not at all approve of me and my child living with my mother—he said he would not have it, and would not have me in the place—those observations have very often been made to my mother—she said I should remain there—conversation of that sort has taken place for two or three years or more—my husband was abroad some time before we were separated—my brother has said this while my mother was ill—before she was taken so bad, she was very sadly, but nothing to alarm us—it was a very few days
before the Sunday on which she was taken ill—she was poorly—I had been out on an errand, and was coming in, when he struck me on the arm, and said I should not be in the place—it was in the evening time—my mother then said she wished me to be in to the last—that was often said—my brother did not sleep in the house on the Saturday night before the Sunday on which my mother was taken ill—he came in between ten and eleven on the Sunday morning—I think I let him in—he went into the front room—there was no one there then—my sister was in bed, and my mother and my little girl and me—I did not return to bed when I had let him in—I did not go into the front room—I returned, and joined my mother and sister in the bed-room—my poor mother got up, and went into the next room, where he was—she was there the best part of the morning, up to twelve or one o'clock—I was with my sister during that time—she was very bad, and under the doctor's hands—I went into the next room once, when my sister wanted a cup of tea—I saw my mother there—she did not appear to have anything particular the matter with her then—she came into the bed-room about one o'clock—my little girl had gone out for some gin—her uncle sent her for it—it was not brought into the room where I was—I did not see what was done with it—my mother came into the next room about one, retching violently, and what she brought up was quite black—my little girl went to the Sunday-school in the afternoon—my mother was sick before that—she was a little better after she had been sick, and went into the front room again, and it was after that the little girl went to school, about half-past two—I continued in the bed-room with my sister—no one was in the front room but the prisoner and my mother—they remained there till between five and six, and then my brother led my mother to the bed-room door—she was then in a state of stupor—she seemed totally unconscious, and was very sick the whole of the evening—she never rallied from the stupor except when the sickness came on—that appeared to restore her consciousness—she was very much disordered in the bowels, and complained of violent pain in her stomach—my little girl and my sister put her to bed—she was put into the same bed with my sister—my sister was very bad, but she assisted as well as she could—my little girl had then come home from the Sunday-school—I attended to my mother after she was put to bed—nothing was given to her that evening—I slept in the same room that night, in a bed adjoining my mother's—I was very much awake in the night, for I was very much alarmed about her, she seemed so unconscious—it made me very wretched—she continued in the same stupor all night and the following day—Dr. Ayres was the first medical man who saw her—he saw her on the Monday evening—I did not see anything given to my mother that day—I was there all day—she was so unconscious, we did not know whether we might not do wrong—after Dr. Ayres had been, she had some effervescing powders which he sent, and some arrow-root, which he had ordered—some was given her on the Monday evening, and we continued to give it to her occasionally according to his orders—the arrow-root was in the house, we had had it from the grocer, for my sister when she was very bad—it was kept in a paper, on the sideboard in the front room where my brother was—the arrow-root was usually prepared for her that room—there was a fire there, and there was none in the bed-room—I generally prepared it—my brother was almost always present the whole of the time—while mixing it I have had occasion to go out several times into the next room, and have left him there while the mixing of the arrow-root was going on—I also gave her beef-teal and brandy—I was ordered by Dr. Toulmin, who came
afterwards, to do so—several medical men came in the course of the week—the brandy was mixed with the arrow-root—on one occasion I gave her a little brandy and water, when I had no opportunity of mixing arrow-root—at one time I was in hopes my mother was getting better, but she took a turn on one night—I cannot say exactly which night it was—it was five or six days after the Sunday that I observed she rallied—she got worse again, and we were obliged to sent for Mr. Hacon's assistant the same night—I had given her some arrow-root, but she took a turn for the worse—the diarrhoea ceased, but she was still unconscious—I gave her some arrow-root with brandy in it, and also the medicine about eight o'clock in the evening, and she got worse between ten and eleven—the sickness ceased, but still the stupor continued—she was taken with an attack of sickness, and then she rallied—that was the state of the case from the time she was taken ill on the Sunday to the time she died—she rallied at one time—she recovered her consciousness so far as to know me and my sister—she then fell into the stupor again, except when the sickness relieved her—I remember the night before she died, I was with her the whole of the time—I never left her as far as I know—I was not there when she died, my sister was—I was almost frantic—I do not know where I went to—I left the house about eight o'clock in the evening, when I found she did not know me or my sister—I scarcely know where I went to in the night, I wandered about somewhere or another—I walked about all night—I was almost mad at losing the best friend I had got in the world—she appeared dying when I went out—the doctor did not give me any hopes—I returned between seven and eight o'clock in the morning, and learnt she had died in the night—when my brother led my mother into the bed-room on the Sunday, between five and six o'clock, both me and my sister made the remark, that we never saw my mother so bad, and asked him what he had been doing to her—he made on reply—he did not stop in the room a moment—during the week I was attending my mother he was not in the habit of coming into the room—my sister on one occasion asked him to come in, and he seemed not to wish to do so—I was in the room at the time, and my sister asked my mother if she had anything to say to him—she motioned for him to leave the room, and he left—I did not see him in my mother's room on any other occasion—he kept in the front room all day—he did not go to his office that week, he had a holiday—I do not know when that holiday began—it was the finish of the remaining part of an annual holiday—when I found my mother did not rally all day, I went for Dr. Huxtable, a surgeon; in the meantime, my sister sent for Mr. Ayre—Mr. Huxtable came, but when he found there was another gentleman there he did not attend her—he did not see her—while my mother was lying dead my sister had some arrow-root, and complained afterwards very much of her mouth and lips being swollen, and a burning heat in her inside, and I advised her not to take any more—I do not know whether anybody else took any—some woman, who we were obliged to have in before my mother was buried, mixed that arrow-root for my sister—it was mixed in the front room—I was present, and saw it mixed—my sister did not take much—she said she did not like it—she put a little brandy into it herself—she sent for that to the public-house—I do not know whether my little girl or the woman fetched it—my brother was in the room when my sister took the arrow-root—I did not see any arrow-root afterwards—I do not know whether any was left in the paper.
Cross-examined by MR. CLARKSON. Q. Before you went out frantic, on
the night of the death of your mother, did you put on your bonnet? A. Yes; and my shawl—I had not got a boa—it was rather a fine night, partially moonlight—I do not remember whether the moon had risen late that night—I was so anxious, and so maddened with despair and trouble, I cannot tell which way I went—I did not sleep at a friend's house—I said I did, before the Magistrate, but I misunderstood him—one night, when my mother lay dead, I slept at a friend's—while I was out the night my mother died; I had a half-quartern of brandy, at Mr. Holmer's, the Dolphin, opposite Wells-street, Hackney, close by where we were living—I went in there partly to write a letter, to tell my friends how bad my mother was—I think it was about eight or nine o'clock—I did not stay there a quarter of an hour—I was completely taken unawares and unconscious—I do not know where I went to from there—on my oath, as the Almighty hears me, I do not recollect going into another public-house—I swear I have no knowledge of having gone into any other place—I swear I have no knowledge of having gone into six different public-houses that night—I don't think I could have been so unconscious as not to know that if I had done so—I was overcome with grief—I felt very sick from my trouble—I do not know where I went to—I did not fall down drunk in the street that I know of—I was not raised from my drunkenness by the police, in the course of the night—I have no knowledge of any one coming near me—my senses were taken from me by trouble—I was not drunk at the door of the public-house while the inquest set on my mother's death, nor did the beadle refuse me admittance; you are misinformed—I went there when I was required—I swear I was not drunk on that occasion—the beadle did not refuse me permission to enter that I am aware of—he said it was not my turn to go in—it was not that I was incapable of going in—I might have been having a little on different occasions, but I knew what I was doing—I had a little beer, but not enough to take any effect on me—a very small quantity—I had had no breakfast, and was very much distressed—I had the beer at twelve o'clock—I swear I had nothing before that—I swear I had not, on the day I was examined, drank six or eight different times of spirits—I had half a quartern of gin before I went in, and when it finished I believe I had half a quartern more, and then we all left—I swear I only had two half-quarterns of gin on that day—I should not have taken that only I was obliged to live—I had had o meals—I am not in the habit of drinking—I am not fond of drink—I had had no breakfast—that was the day I was not called in—I did not drink any more spirits that day—I was three times, I think, before the Coroner—it was the first time I was there that I had the two half-quarterns—I believe I had a half-quartern when I went the second time—I had no more before I went in—I had one half-quartern of brandy after—that was all I had that day—I believe I had half a quartern of gin the third time I went before the Coroner, before I went in, an half a quartern of brandy afterwards—the price of a quartern of brandy is 1s., I believe—a quartern of gin is 4d.—I took it to keep life in me, from my frantic state of grief—I assure you I had not tasted a drop of drink during the time my poor mother lay bad—my mother was taken ill on the 17th Oct.—before that I was absent from home perhaps two days—I am sure it was not a week—my poor mother, on her death-bed, wished me to go and see after my husband, and make him do his duty—that was a fortnight before the seventeenth—she was not on her death-bed then—I swear I was not away more than a couple of days and nights at one time—I was going about distracted—my mother could not support me—she was almost in a starving state—I think that was a week
before my mother was taken so bad—I have been before a Magistrate and punished for attempting to take my husband's life—it was through my brother turning me out repeatedly—I was charged with cutting and wounding my husband, but I was false sworn—I went out a week previous to my mother being taken so bad—I cannot recollect exactly the day of the week—I put on my bonnet and shawl—I did not go to Mr. Holmer's on that occasion, I am sure—I swear I did not—I went about to see for my husband.
COURT. Q. Did you go to any public-house? A. If I did, it was to get half a pint of beer at some place, but I do not know the name—I did not sleep anywhere for two nights.
MR. CLARKSON. Q. How many public-house did you go into? A. I do not remember going into any—I had no money to go into public-houses with—I certainly might have gone into some if I had a few halfpence, but that was very few—I had not enough to keep life in me—I was starving—I do not recollect what became of me—I was wandering and walking about a good many miles—I went to Stamford Hill and that part of the country, and back again to Hackney one part of the time you are alluding to—one morning it was pouring with rain, I was in a destitute state, and a female passing me, asked me if I would take some bread and butter and coffee, out of kindness—I was very faint, and that was all I had—I wandered about—I did not go into any place.
COURT. Q. What did you wander about for? A. Because I was in a state of destitution—my husband only allowed me a trifle—and discontinued that without assigning any reason, and my mother had not sufficient to support me.
MR. CLARKSON. Q. But she had the means of sheltering you? A. That was not sufficient to keep life in me—I did not leave at all after those two days, my mother was so very bad—I attended on her night and day—I had been out occasionally for a night and perhaps two nights together, I allow that—on those occasions I had been wandering and walking about—my brother did not wish to have me there—I have been repeatedly turned out by him by main force—I was not drunk, and the beadle did not refuse me admittance when attending at the inquest—on the Thursday, the day before my mother died, I was not lying drunk in the corner of Mr. Holmer's tap-room—I was not asleep there the greater part of the evening—I may have fallen asleep there for a few minutes, allow, but I was never drunk there—I was perished with cold—I swear that was not so while my mother was laying bad—I was with my mother the whole of the time—my poor dear mother was dying when I went out at eight o'clock—I was in a frantic state—I was not in such a state as to wet my under-clothing while I lay in the tap-room—I was not drunk—I fell down in the street from exhaustion in a fit, and was taken up and accused of having been drunk, as I have been on former occasions, and locked up on a false charge for being drunk—I have had two of these fits—and from great anxiety of mind I am very subject to them—I solemnly declare I was not one week away from home before my mother was taken ill—not from Monday till the Saturday—I was never away four or five days at one time—I have been away two or three days, I think—I do not recollect being away four or five days at one time—perhaps I have been four days away at one time, but it was a good while before my poor mother was taken bad.
Q. On the night before your mother died, when you went out in that frantic state, did you endeavour to conceal a satin scarf under your petticoat which was taken from you? A. I did that—I took it into the front room
where my sister was—I thought my sister had the best right to take care of it—it was my mother's shawl—it was in her bed-room—there were strange people in the place, and I thought it was best for my sister to have charge of it as strangers might take advantage—my brother took it away from me—not by force—I let him have it quietly—I created no noise whatever—I went to give it in charge to my sister, and he took it from me—on the Wednesday before the funeral I did take an old pair of my brother's trowsers—I took them out of destitution; I was starving at the time—I sold them for 1s.—my brother would not give me any food—I do not know the person's name where I sold them—it was in Wells-street—I do not know that my brother pawned his coat to get money for brandy-and-water for my mother—he had no occasion to do it—he had got money forthcoming without doing that, one would suppose—he went out, but I do know that he took his coat, or that he came back without it—he did not give me any money for brandy—my sister was paying for the brandy for my mother—he once gave my daughter two half-crowns to pay a tailor's bill for mending clothes—that was after my mother was taken bad, but before she was in a dying state—I did not take half-a-crown from my daughter and spend it in drink—I asked my brother for money, before he went out in the morning, for my mother—he said, "I will give nothing more; I have only done too much"—he had money at the time, and there was money in the place—he gave the two half-crowns into my daughter's charge to take care of for some purpose—my sister would have one of them—she was confined to her bed, and said she had a right to one for his ill-usage—I did take one from my daughter, and gave my poor mother part of it—she was in a stupor in bed, but then I brought something in for her; at least I brought in some of the money to send out for a little brandy for her—I was not constantly sending out for a little brandy—I sent out for a quartern—when I took the halfcrown from my daughter, I gave my mother some of it—I took a little—this was at the time when my mother was confined to her bed insensible and in a stupor—I gave her half a wine-glass of it—I kept the rest, and gave it to her when she seemed to require it, at different times in the day—I did take some of it, but did not bring it in with the intention of drinking it all myself—whenever I had it in my power to get any she had a little, as I thought she was so bad—my sister used to have a little; she was very bad too—the rest of the half-crown was kept till the next day, and was then spent for a little brandy on account of my mother's being so bad—the doctor ordered her not to be without it, and she had it not in her power to get any, as she had no money at that time—my mother rallied a little between the sickness—when the sickness left her she was in the same stupor again—she was always in a stupor, except when the sickness came, during the whole eight or nine days—I believe my sister partook of a little of the second quartern of brandy, but she had got a half-crown herself which she had taken from my brother—she sent out for what she like—I think it was half-a-quartern of wine—she sent out for any little thing she wanted—my poor mother was in a destitute state, dying, I may say, for want—the doctor ordered what we had no power to give her—I think it was on the Saturday that the two half-crowns were given to my child, the day before my poor mother was taken so bad—if my sister has sworn that my mother was in her usual health the day before she was taken ill, but was rather feeble, that is true—I did not say I sent for brandy for her the first day she was taken bad—I am sure it was on the Saturday, the day before she was taken ill, that I took the half-crown from the child—it is
true that after having bought the brandy, one shilling was saved till the next day, and one shilling's worth of brandy was sent for, which I gave to my poor mother, and had some myself, and my sister, who was in bed, had the rest—my mother was ailing; but the first time she was taken so seriously bad was on Sunday morning—my sister sent out her half-crown on the same day for wine—on this night my brother came home—my sister had been previously almost killed by my brother, and she had had leeches on only on the Saturday night—he came in, and almost knocked the partition in, and frightened us all very much—if he had got into the room, I do not know what would have become of us—my poor sister was very much terrified that night, and sent for a little wine—that was after the five shillings had been taken from my child—we did not sent out for brandy every night from the time my mother was taken ill till she died, we did some part of the time, the doctor ordered it—I solemnly declare I did not take any drink while I was waiting on her—I take my oath I was not lying drunk on one of the chairs in the room in which my mother was dying, nor yet in the outer room—I was not drunk—I was not lying on a chair in either of the rooms the night my mother was dying—I know that on one occasion they told me I did come in, but I was so frantic they did not wish me to be in—I believe I did go in, although I had no knowledge of it—they would not let me remain in, as I was so frantic—I was not lying asleep on one of the chairs before my mother died, or before I went out, or at all that day—I was in attendance when the last offices were performed for my mother before she was put into her coffin—I do not know that my brother pawned his clothes for the purpose of raising money to purchase linen to wrap her in—the woman who performed the last offices for my mother did not find her in a filthy, dirty state, without a rag on her—she was not left so—the poor dear soul was washed all over, according to Doctor Hacon's orders, the day he gave her over, the day before she died—that was not altogether because she was in a filthy state—he was afraid of the disorder, that something had taken place, I don't know what they term it; but it was no such thing; it was not found to be the case—she did not die without linen on her, I am certain—my sister sent for some linen herself on the day before she was so bad, the day before she died, through the disorder she had—I believe she paid for it—she had two pounds sent her from a friend where she lived, who respected her—I do not know anything about my brother pawning his clothes to get linen—I do not know Mrs. Mills—I have only seen her once—I was not present at the time my mother died; my sister was, and my little girl—I could not stop to see her last moments—I had gone through too much sorrow—that was the only reason I went out, as the Almighty is my Judge.
FRANCES JOHNSON (the younger.) I am grand-daughter of Mrs. Sheridan, and daughter of the last witness—the prisoner is my uncle. Two or three days before my grandmother was taken ill, he gave me three half-crowns to keep for him—my mother took half-a-crown away from me on the Tuesday before the Sunday on which my grandmother was taken so ill—on the Saturday night before she was taken ill, my uncle came home, and the tailor came for some money which he owed him—my uncle asked me to give him some of it, and found out that half-a-crown was missing—I was afraid to tell him, and ran into the bedroom, where my aunt, my mother, and grandmother were—he came and kicked against the partition, and nearly pushed the door in—he said he wanted me to go out to him—I was afraid to go—I went out a little after, when his passion cooled down—nothing particular happened then—I
did not tell him what had become of the money—he went out, and came home the middle of the next day, Sunday—my mother had got the half-crown—my aunt got one from me—that was after he kicked against the partition—after the prisoner came home he sent me out for a quartern of gin—it was about half-past one o'clock—he was in the parlour—my grandmother was with him, and my aunt and mother were in the bed-room—I brought the gin in a bottle—I gave my grandmother a glass of it—I poured it out before her, before my uncle had the bottle, and then left the bottle on the table—I went to school in about ten minutes—my grandmother seemed very well then—I do not know what became of the rest of the gin—I came home at five, and found my grandmother on the sofa in the front room—I do not know whether she was asleep—my uncle was sitting on a chair—my aunt and mother were in the bed-room—my aunt was ill—the prisoner sent me for a quartern more gin—I brought it in a bottle, put it on the table, and went into the bedroom—I saw nothing particular about my grandmother that night—I saw my grandmother looking very bad in the evening—I do not know how long that was after I brought the gin—I was in the front parlour, and my uncle led her in—I think she was sick—I had seen her sick earlier in the afternoon of the same day—the first time was a little before I went to school, after my uncle had sent me for the gin—she went into the bed-room, and vomited, and came back into the parlour before I went to school—my uncle was then there—my aunt sent me to fetch the doctor next evening—my grandmother used to have arrow-root during her illness—it was kept in the front room—I saw some of it there after my grandmother died—my aunt had some of it after my grandmother's death—her tongue was very much swelled after taking it—we did not live happily together—my uncle used to quarrel with my mother—I do not remember whether I made the arrow-root for my aunt—she made it herself—I mixed that which she took after my grandmother died—it was kept in the cupboard, in a blue paper—I think I used it all—one evening my uncle struck my grandmother on the temple—my aunt and my mother were present, and Mr. Randall—my grandmother was in bed at the time—she was awake when he struck her—I do not know whether she had been asleep just before—I do not remember that anything was said between my grandmother and uncle then—I do not know what brought it up—he first of all struck my mother when he came into the room—she was lying asleep on the sofa in the front room, and he told her to go to her husband—my aunt rushed out of bed to prevent him, and then he ran in and struck my grandmother—he swore—I do not know whether he said anything besides swearing, I was so frightened—my grandmother did not say anything to him—she was very frightened—Mr. Randall was there.
Cross-examined. Q. Was your mother in the habit of getting drunk? now speak the truth. A. She used to take to drink sometimes—when my uncle came home and asked me for the money he had given me, he said he would kill me if I did not give it to him—my mother did not tell me to say that when I went before the Magistrate or the Coroner—I said I believed he would have killed me, only that I fastened myself in the room—I did think so—he said he would knock my brains out—I stayed there till his passion cooled, then went out, and he did nothing to me—my mother was asleep on the sofa about eight o'clock that night, and my aunt was in bed with my grandmother—I remember my mother going away for a week just before my grandmother was taken ill—she came back on the Friday I believe—I think four or five doctors came to my grandmother—they did not get paid, and went away, and then
others were sent for—the reticule I have in my hand is my aunt's—I brought it out to-day with something to eat in it—I have got on a merino cloak—my aunt wears a bonnet and shawl, not a boa—my mother wears a cardinal—I do not remember my mother lying asleep and drunk on a chair before my grandmother died—she was sitting on a chair—my aunt only used to send me out for gin now and then.
COURT. Q. Did your mother send you out more frequently? A. No, I would not go, because I did not want her to have any.
Mr. CLARKSON. Q. Then did she find somebody else to go out for drink? A. No, she would then go out herself—she is found of drink—the cupboard in which the arrow-root was kept, was kept unlocked—the arrow-root used to come in every Friday—I never saw my uncle give my grandmother anything during her illness—I do not know that he ever had possession of the bottle in which I fetched the gin—I never saw him give my grandmother a drop of that or anything else—my mother used not to give my grandmother her arrow-root when she was tipsy—I do not know who did—I think I used to give it to her sometimes when mother used to be out—I do not know where she used to go to when she went out—when my uncle came home there was a tailor's bill to be paid, for mending his clothes—that was the purpose for which the half-crowns were given to me—the tailor did not come—my mother took one of the half-crowns, and my aunt another, as there was a parcel to be paid for—my uncle was very angry when he missed the money—my mother was not lying on the sofa asleep when he came in—she was in the bed-room, attending on my grandmother—I do not know whether any brandy or gin was sent for with the half-crowns—I did not go for any—my uncle used to get drunk—my grandmother did not—I have not heard the doctors tell her that she should not get drunk—she used to have some gin sometimes—she never drank brandy—she did not like it—sometimes she used to have a little when she was not well—she drank gin when she was well—it used not to make her sick—she was sick on this Sunday after I had given her the gin—I then went into the bed-room, and left her with the half-quartern on the table.
COURT. Q. How much money were you to give to the tailor? A. Two half-crowns—my uncle asked me for the money when he came home—I did not give him what I had left, because I was afraid—my grandmother wished for some gin on the Sunday—she said, "Is the place open? I want a little gin"—I then said to my uncle, "Grandmother wants a little gin, uncle," and he gave me the money, and said, "Bring a quartern, and I will have a drop"—I went and brought it—a woman named Mills saw my grandmother shortly after she died—I have seen her here this morning.
WILLIAM AYRE. I am a medical man, and live in Mare-street, Hackney—I was sent for on Tuesday evening, 19th Oct., about ten o'clock, to the deceased—I had not seen her before—I found her in bed in a back sleeping room first floor—her unmarried daughter was there also—she was not in bed—Mrs. Johnston was not there, or the prisoner—I found the deceased labouring under severe irritation of the stomach and bowels, and also affected with a degree of stupor—I believed her to be labouring under an attack of autumnal cholera, and also that she was drunk—I attributed the stupor to the effect of spirituous liquor—I treated her for those symptoms, especially those of the stomach and bowels—I gave her calomel and opium, and also some carbonate of soda—I continued to attend her until the following Friday—some question then arose as to my being paid, and I did not attend her afterwards—I
left her affected severely with the same symptoms—they were abated on the Wednesday morning, and were increased again on the Thursday morning—she was then suffering from vomiting and purging, and brought up a quantity of fat—I saw her about eleven on the Friday—she was not much relieved, much in the same state, and I found that the medicines had not been regularly administered.
Q. Supposing that the post mortem examination disclosed the presence of arsenic in the body, to what would you have referred the symptoms which you considered referable during life to an attack of cholera and spirits? A. I should have attributed them to the arsenic—the presence of arsenic would cause the symptoms I saw—I believe I saw the prisoner on the Wednesday morning in the deceased's bed-room—he was called several times by his sister—he seemed unwilling to come in, but at last he came—I spoke to him of his mother's state, that she was better—he expressed himself glad to hear it—I ordered some broth to be prepared for her—I heard nothing said in his presence about anything having been given to her.
Cross-examined. Q. Did you before this time know the habits of this family? A. I knew the habits of the married daughter—I saw her once in a state which I am satisfied was a state of intoxication, at my surgery, when she came for advice about her child—that was two or three months previous to my being called to the mother—I did not observe, on my visits to the house, that the family were given to drinking, but I made inquiries of Mr. Randall, the landlord—I did not perceive the smell of liquor about the deceased when I was called to her—the stupor would arise from the taking of arsenic—I am not able to state an instance of that from my own experience, but I know it from study, and it is admitted by medical authorities—it will be found in Dr. Christison's Treatise on Poisons, that stupor occasionally follows the taking of arsenic—it is not a constant symptom—the languor produced by retching would not be a stupor—arsenic acts very powerfully on the nervous system—the symptoms I saw might be influenced by both arsenic and gin—I am of opinion that all the symptoms might have been produced by those causes—I gave her carbonate of ammonia, carbonate of soda, cinnamon water, and magnesia, and I subsequently gave her effervescing medicines—I compounded them all, pills and all—she had nothing from me but what I myself compounded with my own hands—I have a copy of my prescriptions here.
MR. BODKIN. Q. Did anything you sent her contain arsenic? A. Nothing.
COURT. Q. Would autumnal cholera, joined to intoxication, produce all the symptoms that you saw during the time you remained there? A. I cannot say that they would not.
WILLIAM TIDY. I am surgeon, at Hackney—I was called in to see the deceased on Saturday, 23rd Oct.—she was lying on her right side, in a comotose state, with her legs drawn up towards her stomach, incapable of answering any questions, with feeble pulse, clammy skin, and dark colour about her mouth, and during the time I was there she had an involuntary motion—the symptoms were such as to make me suspect something was wrong—the bed-clothes were matted over with various coloured material which she had vomited—I suspected that an irritant poison had been taken, from the great variety of stains on the bed-clothes, implying that the vomiting had been different degrees of recent blood, arising from the state of the stomach—as it remains on the stomach it becomes darker, and such vomitings I had
seen upon former occasions arising from irritant poison—I could see nothing that she had vomited except a little material in the basin, and I was very inquisitive, and looked under the bed and among the clothes—I did not ascertain that another medical gentleman had been attending her—I made that inquiry and they denied it, and said there had been no medical man, but I afterwards found that Mr. Ayre had been, in consequence of which I declined attending to the case until I had seen him—I was desirous of another opinion—I did not see her again during her life—I afterwards assisted in the post-mortem examination—Mr. Hacon and Mr. Thorpe assisted me—the contents of the stomach were taken out and given to Dr. Letheby, with the small intestines and the stomach—the oesophagus, part of the liver, and part of the spleen—I think about six or seven ounces of the liver was taken, but that is a rude guess—that would be about a tenth part of the liver, or hardly that—it was a very large liver—they were placed in jars—we were very careful in placing each in very clean jars, which were tied over and sealed, and they were in Mr. Hacon's possession I believe, till delivered to Dr. Letheby—the other appearances of the body indicated tolerably good health—there was a fair quantity of fat in the surface of the body—the liver, thought not what is usually called a gin liver, was enlarged, and I do not consider it was a recent enlargement, but a chronic one—that is symptomatic of a person having taken too much stimulus—I was made acquainted with the result of Dr. Letheby's examination of the contents of the stomach—the appearances I observed in the stomach, oesophagus, and intestines, were such as would be produced by the effects of arsenic.
Cross-examined. Q. Who was it that told you the falsity that no one else had attended the deceased? A. The single daughter.
DR. TOULMIN. I am a felloe of the Royal College of Surgeons. I was called in to see the deceased on Saturday evening, 23rd Oct., at seven o'clock—I found her vomiting and purging—I prescribed for her half a grain of calomel, and a quarter of a grain of opium, to be given every four hours—I did not see her again—I left the case in Mr. Hacon's hands, as he lived nearer—the symptoms I saw were such as would be produced by an irritant poison, and many other things—it might be merely the effect of atmosphere from a prevailing epidemic, or from indigestion, or from food proving obnoxious to the stomach—my opinion was that she was labouring under some irritation of the mucous lining of the stomach and bowels—the source of that irritation I did not know—I saw a male person in the passage as I was leaving the house, but do not know whether it was the prisoner.
Cross-examined. Q. I suppose the symptoms you saw were not unlike those from a person given to drink? A. Those addicted to drink are more liable to irritation of the mucous lining, because they are constantly applying an unnatural agent, which acts upon it in an improper way.
EDWARD DENIS HACON. I am the partner of Mr. Toulmin. I saw the deceased on Sunday, 24th Oct., and attended her up to the day previous to her death—she was in a comatose state the greater part of that time—I first ordered for her some compounded chalk powder of opium, according to the London Pharmacopoeia—I considered she was labouring under an attack of muco-enteritis, the lining of the stomach and bowels being under irritation—on the Wednesday I found her pulse much stronger, and I therefore considered her much better—that was the day but one before she died—on Wednesday night, about eleven o'clock, the prisoner came to my house to come and see her—I considered him the worse for liquor at the time, from
his voice and manner of speaking—he spoke in a very loud and boisterous tone in the hall—I did not go myself, having found her better that morning, and not being certain of the information conveyed to me through the prisoner, but my assistant went immediately—I went the first thing next morning—I found a very marked change in her from the previous day; her pulse was extremely low, and she had sunk very much—the last time I saw her alive was on Thursday night, the 28th, about ten o'clock, and she was then in a sinking state, dying—the unmarried daughter was there on that occasion—I informed the family of the state their mother was in on the Thursday—I stated it to be a hopeless case during the whole of the Thursday—I had desired brandy to be administered to her throughout—I had given no limit to the quantity—I said it was to be given to her whenever she became sinking.
Cross-examined. Q. Did you observe whether she was in a filthy, neglected state? A. In a most filthy state up to the Thursday morning, so that the smell in the room was almost insupportable—when I was there on the Thursday there was such a strong smell, that I suspected mortification had commenced in the parts where she was lying, and I ordered her to be turned over and washed—she was not in a state in which she would have been had her daughters done justice to he—the medicines I ordered were prepared by Mr. Thorpe—I thought her in considerable danger from the first—I did not see either of the daughters drunk at the time I was in attendance.
MR. CLERK. Q. Did you assist in the post-mortem examination? A. I performed it, and delivered the sealed jars to Dr. Letheby.
EDWIN JAMES THORPE. I am assistant to Mr. Hacon. The medicines sent by him to Mrs. Sheridan were prepared under my inspection—I saw the materials of which they were composed—I went to the deceased's house on the evening of the 27th Oct., in consequence of a message from Mr. Hacon—I believe the prisoner opened the door to me—I found Mrs. Sheridan in a state of insensibility and very exhausted—I gave it as my opinion that she would die in the night—the prisoner accompanied me home after I left her, and he made an observation to me, hoping that his mother would get better—I sent back by him some restorative medicine, sulphuire ether, and ammonia there was no arsenic in any of the medicines that were sent—there was none in the surgery.
Cross-examined. Q. Who made up the medicines? A. A junior assistant made part of them up—I believe his name is Kettle.
MR. CLARKSON to MR. HACON. Q. You were examined before the Coroner, was there very great inattention on the part of the daughters towards their mother, and were they often so much the worse for liquor as not to be able to give consistent answers to you? A. are you asking me that question, or stating it as said before the Coroner by me? I never considered them the worse for liquor when I saw them previous to the mother's death, and I am not aware of having said anything of the sort—I saw the married sister so drunk the day after the mother's death, that I think it was impossible for her then to give a consistent answer—it was in the after-part of the day, about three or four o'clock—she was drunk in the street, being turned away from the doors of a public-house, with a crowd of little boys around her, and a mob, in fact.
DR. HENRY LETHEBY. I am a physician, and lecturer on chemistry at the London Hospital. I received from Mr. Hacon and Mr. Ayre the stomach and internal parts of a human subject—it consisted of about half a pint of a
thick fluid, which had come from the stomach itself, the gullet, the intestines, and about 1/2lb. of liver—I could not form any idea what proportion of the liver that was, as I did not see this liver—I heard it was a large one—the weight of an ordinary liver is about 4lbs.—I applied tests to cach of these parts separately to detect poison, and I detected the presence of arsenic in the intestines, and also in the liver—I produce portions of the arsenic reproduced from the intestines and liver—the other portions have been submitted to an analysis to prove that they were arsenic—I did not weigh the quantity I got from the liver, but, in my opinion, there was about two grains in that portion of the liver which I had, and about four grains in the intestines—the contents of the stomach did not contain any poison—the quantity I found would be quite sufficient to cause death—there is not more than half a grain in the tubes I have produced—the quantity I found in the liver was so large as to induce me to believe that it had been administered in successive portions—arsenic is absorbed into the system, taken up by the blood—one of the functions of the liver is to arrest anything offensive in the stomach, which is passing through by means of the blood—the portion of the liver I had might be about one-tenth part of the whole, and it is but reasonable to infer that the whole liver contained a similar quantity, which would be twenty grains in the whole liver—that would be enough to kill five persons, or nearly so—if such a quantity had been administered at once, it would cause immediate vomiting, and it would be thrown from the stomach, and we should not then find that quantity in the liver—I believe it was given in successive does, and found its way quietly into the system—if it was taken all at once, and retained in the stomach, rapid death would be the consequence—I believe, from the circumstance of my finding arsenic in the beginning of the intestinal canal, that there had been a does very recently administered—I think the whole I found in the intestines had been recently administered—I did not weigh it, but I take it that about six grains was the quantity I detected in the intestines and liver together—I think four grains administered at once would produce death—I have been in Court during the examination of the medical gentlemen, and have heard that this was considered a case of cholera—the medicines administered would have a tendency to retard the effects of arsenic—lime is an antidote, and opium would tend to stay the action of the poison to a certain extent—it would tend to stay the irritation that arsenic produces, and it might, in all probability, be passed through the system without any effect—carbonate of soda, I should say, would rather tend to make arsenic more soluble, and enable it to go into the system—if arsenic alone were thrown into a fire it would produce no immediate effect, but if wrapped up in a piece of paper, the flame would be bluish.
Cross-examined. Q. And ten thousand other things would produce the same effect? A I am not prepared to say anything of the kind—I do not know ten thousand different things—there cannot be the slightest doubt that there was arsenic in the body of the deceased—I do not speculate as to the quantities being given at different times—I speak of it as an absolute fact, in consequence of arsenic being detected in the early part of the alimentary canal.
COURT. Q. There are some other substances that will produce a blue flame? A. I only know of one, and that is also a poison, that is tartar emetic—sulphur will produce a blue flame, but, supposing a white powder were put into a fire, wrapped in paper, there are but two substances that would give it the colour of the paper burning blue—a pinch of salt thrown into the
fire would burn blue, but it would not tint a piece of paper burning blue—there would be a blue character given to the flame some little time after; but the only two things I know of that would tint the flame of burning paper blue, are arsenic and tarter emetic.
MR. CLARKSON to MR. TIDY. Q. In consequence of any request made to you by the Grand Jury, with reference to a blue flame coming from a paper in which there was arsenic, did you try that experience only last night? A. I did—I tried it with white arsenic, and yellow arsenic or sesquisulphurate of arsenic, both—no blue flame came from either—I suspect that the sesquisulphurate of arsenic was not very pure, from having been in my pocket so long—I wrapped the white arsenic in paper and put it to a live coal, but there was no blue flame—the arsenic was sublimed on the coal by the instrument with which I held it to the fire.
MR. BODKIN. Q. Are you much of a practical chemist? A. Not at all—I know what is meant by the—term "arsenical flame"—metallic arsenic produces a flame, the hydrogen burns—I have not seen any of the experiments instituted by Dr. Letheby—I have performed them myself.
COURT. Q. You tried white, and yellow arsenic, each wrapped up in white paper? A. Yes, and it produced no blue flame whatever—it did not colour the flame at all.
DR. ANTHONY THOMPSON. I am a Professor of materia medica and forensic medicine at the London University—I have heard Dr. Letheby's account of having found arsenic in the contents of the stomach of the deceased, and have seen the tubes in which the metallic arsenic is contained—the propability is that it was given in successive doses for a long time—when arsenic is found I n the liver it generally arises from accumulation there—it is eliminated by the liver, but remains a considerable time there—I am not acquainted with what Dr. Letheby has mentioned as the arsenical flame—I have never seen arsenic thrown into the fire in paper—I have seen it thrown into the fire without paper, and seen it sublimed from blasts, and other instruments—the quantity of arsenic obtained by Dr. Letheby would be sufficient to cause death.
COURT. Q. Did arsenic, when you have seen it burnt, produce and flame stall? A. When arsenic is thrown on hot coals it is decomposed, and garlic vapour arises from it, but I have never seen any decided flame to my recollection—I do not think I have ever observed any particular kind of flame.
WILLIAM RANDALL. I am landlord of the house in Mare-street, where the deceased and her family lived—they had lived there near on nine months—I cannot say that they had lived happily together—there have been repeated quarrels—I was present on one of those occasions, and saw the prisoner commit an outrage on his sister Catherine—I recollect one night when the deceased was in bed—I was out at the time the outrage connected with that was committed, but I returned about five minutes afterwards, and heard Mrs. Sheridan say as I was passing the bed-room door, that the prisoner had struck her three times on the head—he was in the front room, and I went in and remonstrated with him on the impropriety of his conduct in so doing—he told me to mind my own business, and said, I had no business with him, and nothing to do with what he had been doing—I think that was about the beginning of Oct., but I cannot exactly say—I did not inform the prisoner that there would be a post mortem examination—when I and Mr. Sheridan went to secure the ground for his mother's interment, I said, What delay the post mortem examination occasioned in the interment of
the body—he said, Yes; it was a very had job altogether, and he would not have had it occur for all the world.
COURT. Q. Was it the examination of the death of the deceased he was speaking of? A. Of the examination of the body.
MR. CLERK. Q. This was on the Monday? A. It was a day or two after the death—I was not with him during the time of the post mortem examination—I did not see him during that time—I have been with him frequently since the death of his mother, and he always seemed very uneasy at her death—there was a sort of fear about him—he seemed very frightened at any person coming into the room, or knocking at the door, or anything of the sort—it seemed to alarm him—he would say, "Who is there?" "What do you want?" whether it was any one for him or not—he exhibited great alarm from the time of his mother's death.
Cross-examined. Q. I believe he owed you 3l., and you wanted to make him pay it, did not you? A. I asked him for it—he refused to give it to me—I was only asking for my rights—I went to him to Worship-street for it—the examination was then over—I had been examined—I never heard him say that he filled a public situation, and if the report of the inquest and the opening of his mother's body was to find its way to the public, it would be the run of him—I swear he never said that to me.
SAMUEL GILES. I am a clerk in the London Life Insurance Office, I know the prisoner from having seen him at that office—the first time I recollect seeing him was on 25th Oct.—I have here a policy of insurance on his life for 500l., dated 22nd May, 1829—when he came, on 25th Oct., he said he wished to sell the policy, and I gave him a form of application to be filled up, to the Court of Directors for that purpose; and I appointed him to come on the following Friday to receive the purchase-money—he signed the form in the office, came on the Friday, 29th, brought the policy according to my directions, and received the money, 96l. 2s. 6d.
Cross-examined. Q. How long had he paid the premiums? A. For eighteen years.
MARY ARMSTRONG. I went to the lodgings of the deceased on Friday morning, at nine o'clock, after her death—I had not attended her during life—a person named Mills, Miss Sheridan, and the prisoner were there—I was in the front room about ten o'clock, when the prisoner threw two little papers doubled up into the fire—the little girl was there, but she went out at the door and could not see it—he took the papers out of his waistcoat pocket—they burnt pale blue and green, and I think there was a little of a dark red—I cannot be very particular—the papers were about the size of doctors' powders—I assisted in doing what was necessary to the dead body, but another woman, named Mills, was there before me—Mr. Holmer, of the Dolphin, fetched me—I stopped there Friday, Saturday, and Monday—I went home on Saturday night and Sunday—during those three days I heard the prisoner's sister, Catherine, saying, "You villain, you have poisoned my dear mother"—he made no answer—he took it very quietly, and looked about as if he was silly—on one of those occasions I asked him if he had ever had any poison; he said, yes, he had, a good while ago—I asked him what it was for; he said he had it to smell to for his head, that it was morphine—one day after I had left the place, and before he was taken into custody, I met him in Newmarket-terrace—he knew me, and called me many d— —d old b— —s; he told me that if it had not been for me, if I had not been to Dr. Tidy, it would never have come out—I was frightened, and ran away; he ran after me, but.
I ran down a court in to some house, and got away from him—I had gone to Mr. Randall on the Saturday night, and afterwards to Dr. Tidy—I saw him—it was after that that I saw the prisoner—I think I saw him on the Saturday night before the Monday on which he was taken—the Coroner's Jury sat on the Wednesday after the death—I am not sure it was not the same night she was buried.
GEORGE YARROW. I am a undertaker, at High-street, Shoreditch. On Saturday, 30th Oct., the prisoner came to me—he said he came from Hackney—he ordered a coffin, and gave directions for the funeral of a person at Hackney—I afterwards went to the house, to make preparations for the funeral—on the Monday I went to take the ground at the Beaumont cemetery—the prisoner accompanied me part of the way—as we were going, he pointed out Dr. Tidy to me on the opposite side of the way, and I went over to speak to him—after I had done so, I went towards Beaumont cemetery and missed the prisoner—I afterwards went back, and found him at home—I told him that it was desirable, under the strong imputation that was resting upon him, as he regarded his respectability of character, that he should have an inquest called; and I gave him likewise to understand that I would not consent to bury without there was—he apparently consented to that—that was my impression—I had three different interviews with him at the house at Hackney—on one of those occasions there were feelings of anger, and evidently feelings of drink, and the single sister accused him of having killed the mother—the sisters were evidently operated on by drink—she said, "You have murdered my mother by poison"—that was said on several occasions—once he made no reply—on another occasion he said, "Mr. Yarrow, you will not believe what my sister says, because she is drunk"—those were his words, as near as I can recollect—the unmarried sister had accused him on each occasion—she appeared to me either not sober or very ill.
CHARLES EVANS. I am beadle of the parish of Hackney—in Consequence of what was told me I communicated to the Coroner the fact of the death of the deceased; and an inquest was held, Nov. 3rd, at Hackney, and adjourned six times—I attended at the prisoner's house, when the surgeons were there making the post mortem examination—that was after the first meeting of the Coroner's jury—the prisoner was sitting in the front room with me at the time—he seemed very much excited and alarmed, and said he was very sorry it had happened, it was calculated to ruin him; and he also stated he hoped it would not get into the newspapers; if it did, I was to point out the reporters to him, and he would pay them anything not to put it in—he kept saying every now and then, "There are persons testing my mother," and seemed very much excited—I had seen him two days before his mother died—he called on me, and told me the Rector wanted to speak to me—I went to the Rector, and I had a paper to get signed—I took the paper back on 1st Nov., and gave it to the nice—I saw him at his house on the Tuesday, when I went to make inquiries respecting the mother's death, and told him that there were reports in the neighbourhood that something unfair had been transacted respecting his mother, and I thought it was necessary to write to the Coroner—he seemed to make an objection to it, and the undertaker too—the prisoner followed me out of the door, and said, "I do not think there is any necessity for it," he wanted me to stop a little longer, and I would not—he followed me part of the way down stairs—he left the undertaker in the room—I said I should go—the undertaker wished me to stop while he went over to the register—I would not.
Cross-examined. Q. Was not his observation this, that he was filling a public situation, and if the account got into the newspapers, it was calculated to ruin him? A. No—I was in the room when the Coroner summed up the case to the Jury, and I afterwards read it in the Times' newspaper—it was a correct report to the best of my belief—I saw the women when they were in attendance to give evidence before the Coroner—I did not find them boisterous and tipsy—I have known Mrs. Johnson to be so many times; she is a professed habitual drunkard, the worst I ever heard of.
MARTHA MILLS examined by MR. CLARKSON. Q. Did you go into the room where the dead body of Mrs. Sheridan lay, immediately after her death? A. Yes; I was called in about eight o'clock in the morning by the little girl—she was lying in the back room, on a bed, wallowing in dist and fifth—she only had an old chemise on her, and an old blanket—the sister Catherine was there—I saw the two sisters together, after I had laid out the corpse, between one and two o'clock in the afternoon—Catherine was stirring a glass of brandy on the table with a tea-spoon, and the married one came and sat down on a chair—I think she was sober, but not seeing them, or having anything to do with them before, I could not judge—they were quarrelling, and Catherine said to Mrs. Johnson, "Oh, you wretch, you have killed your mother!'—she said, "Indeed, I have not killed my mother; if I have, I have not done it myself"—the body was warm at that time, but they said she died at four o'clock—I made an observation to Catherine about it, and she said she thought it might be from the brandy she had drunk in the night; for she was in the habit of drinking a bottle of brandy a day—the prisoner went out and came back with some clothes.
NEW COURT—Friday, Dec. 17th, 1847.
PRESENT—Mr. Ald. FAREBROTHER; Sir CHAPMAN MARSHIIALL, Knt.,
Ald., Mr. Ald. FARNCOMB; and Mr. COMMON SERGEANT,
Before Mr. Common Serjeant, and the Sixth Jury.
GUILTY. Aged 41.— Confined Four Months.
GUILTY. Aged 20.— Confined Six Months
GUILTY. Aged 14.— Confined Three Months.
GUILTY. Aged 47.— Confined Six Months.
GUILTY.— Transported for Seven Years.
GUILTY.,— Confined Nine Months.
GUILTY. Aged 13.— Confined Four Months.
ALEKANDER TOBERTSON. I am in the service of William Walker Gilbertson On 10th Dec., about twelve o'clock, I saw the prisoner go out with a board—I followed him into the Crown public-house, took the board off his bead, and asked what he had got—he said, two bakings that belonged to some man down the street—I took the covers from the board, there were four loaves under each.
Cross-examined by MR. BALLATINE. Q. What are you? A. I manage my father-in-law's business—the prisoner has been with us about fourteen years
GUILTY. Aged 45.— Confined Six Months.
WILLIAM CARR. I am a furniture-dealer, at Holloway—the prisoner was introduced to me by Mr. Smith, a lodger of mine—he spoke English pretty well—he said he was librarian in the Foreign Department in the British Museum, that he had the appointment, and was about to enter on it on 1st Jan, next, at a salary of 200l. a year, and he wanted goods to furnish seven rooms—I saw him on many occasions, and on 24th Sept. he gave me an order—I let him have a carpet, value 4l. 10s., a rug, value 12s., and a dressing-glass, value 4l., believing him to be the librarian of the British Museum—he had some curtains, he said I was to put them up in the room, 47, Great Russell-street, where he was lodging—I said there were three windows in that room, and my curtains were but for two windows—he said, "Never mind that, you will have to take them to the British Museum, there are but two windows there"—I should not have parted with any of these things if I had not believed he was librarian to the Foreign Department of the British Museum.
Cross-examined by MR. BALLANTINE. Q. Who kept the house where the prisoner lived? A. a person named Foucey—he introduced the prisoner.
ANTHONY PANIZZI. I belong to the British Museum—the prisoner is not librarian in the Foreign Department at a salary of 200l. a year—he has no rooms there—I have no reason to believe he wanted curtains for those rooms.
GUILTY. Aged 29.— Confined Ten Days
MARY HATTERSLEY. I am the wife of Thomas Hattersley, of 46, Portman-place Edgware-road—on 18th Nov. I was in bed in the front room—I had been lately confined—about three o'clock that afternoon the prisoner entered my bed-room, took my husband's watch and chain from a nail over the mantel-piece, and said Mr. Hattersley's watch wanted a glass—I knew I wanted a glass—I did not know him, but I saw him take it and walk out—I am sure he is the man.
MARTHA KEMP. I am servant to Mrs. Hattersley—on 18th Nov., about three o'clock in the afternoon, I saw the prisoner on the stairs—I am certain he is the man—he was brought back to be identified, and when I saw him I said, "You are the party I met on the stairs."
Prisoner. Q. Did you not say the man you saw on the stairs was in his shirt sleeves, and you expected he was the man that lived in the house? A. I did not.
Prisoner. Q. when you first saw me at High-street, the policeman asked whether you knew me, and you said it was a man more your own size? A. No—at first I had some doubt, but when I heard you I was satisfied you were the person.
Prisoner's Defence. On 18th Nov. I met a policeman, who made me walk up and six or seven times before kemp; she said she did not know, but the man wore a cap and a big coat; I said I wore a cap myself; next morning be toke me before her again, and she could not recognize me; I promised to call as I went from work in the evening; I did so; a young girl came and said, "Mary here is the young man we think stole the watch," and she said "I think that is the man;" the pawnbroker said it was pledged at a quarter past three; I was at work then, and did not leave till six in the evening, as my master will prove.
JOSEPH HOLLEY. I am a wheelwright and smith, at Grove-mews, Great George-street, Lisson-grove—I have lived there about twenty-three years—the prisoner worked for me a fortnight or three weeks previous to this affair—on Thursday 18th Nov., I left him at work at three o'clock—I went out then, and was not home till about ten o'clock at night—when I left the prisoner he was assisting Moore, the smith, in mending an axletree—I recollect it was the 18th, because about a week afterwards he told me he had been taken by a policeman on suspicion of a robbery, but the policeman had liberated him—he told me he had been to see the gentleman, and he was to come again the next day—the smith is not here—William Richardson was at work is the adjoining shop, close by the smith's shop, till three o'clock—he went out with me, and returned with me in the evening.
WILLIAM RICHARDSON. I am a painter. On 18th Nov. the prisoner was at work between three and four o'clock—I was at work myself at Mr. Holley's, painting some wheels at the door of the smith's shop—I am sure I was there till three before I went to get something to eat at the public-house, I was there about an hour.
JURY. Q. Did you go out with your master? A. I went once with him—I came home and went again, and did not come home till eleven.
GUILTY. Aged 22.— Transported For Seven Years.
GUILTY.— Confined One Month.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
WILLIAM CHARLES LUCY. I live in Wardour-street—in March last I adrertised for a situation—I offered 30l. to any one who would procure me one—in consequence of a letter I received, I went to Cannon-street and saw the prisoner—he represented that he had to engage a traveller for the firm of Zillah and Co., of Bush-lane, and that he was a relative of the firm—he said he had it in his power to procure me a situation as town-traveller—we parted, and I had some correspondence with him afterwards—on 25th March, I again met him—he told me he thought of going into business for himself—he said that Zillah and C. had offered him two or three agencies, as he had been in the firm some time—he offered to engage me as town-traveller and collector to him in chicory and chemical matters—I was to deposit 30l. as security—he took a counting-house at No. 20, Beer-lane—the name of Rust was put up afterwards—I deposited 30l. with him by instalments—on the 4th April I gave him 3l.; on the 14th, 6l.; on the 30th another 6l., and on 21st May 15l., making 30l. in all—I travelled for him, and produced a few orders—I believe one of them was executed—I got 30s. for one week's salary, and 20s. on account—I found it was desirable to get my money back, and I spoke to him several times—he made excuses every week and said he had money in several parts, but it had not come in and he could not pay me—I never saw anything but samples in his shop—I received perhaps a dozen orders, only one was executed—I parted with the 30l. to get the situation—I believe there was a firm of Zillah and Co.—he said they were going to give the agencies up to him—"Rust and Co." was up in Beer Lane—I never saw anybody there but the prisoner.
Prisoner. Q. Was there not an agreement stamped? A. Yes—I never saw any promissory note—I went with my friend Mr. Sizely to the wharf, and saw thirty-four barrels of pitch in my name—they were represented as worth 1l. apiece, but they did not turn out to be worth 5s.—they did not pay the expenses—I was obliged to write to the person to dispose of them—you told me there were a great many persons coming into the firm.
ELIZABETH RUSSELL. I am the wife of John Russell, of 8, Bush-lane—he keeps the whole house—the prisoner had occupied the ground-floor-office in the name of Zillah—"Zillah and Co." was on the outside, and "J. W. Zillah" on the inside door—I never knew the prisoner by any other name than Zillah—I never saw any one in the office at all connected with the business but him—letters come occasionally—some in the name of Zillah, and some in the name of Prudence—I laid them on the table till he or his wife came—there were packages of little parcels, but I never saw any business carried on at all.
Prisoner. Q. There was no engagement for you to keep the counting-house? A. No—you asked me to open the shutters when you were not there—you always answered to the name of Zillah—I do not know of a bill being presented.
MR. RYLAND. Q. Could Messrs. Zillah and Co. have transacted business without your knowing it? A. No—it was impossible.
Prisoner. We did not wish to trouble you, my wife and I tapped at the window, and we opened the door ourselves. Witness. That could not be, I was always on the look—I doubted the respectability of the parties—there was nothing there worth a shilling—and if any one called, you used to shut the office door and speak to them in the passage—that gave me a suspicion.
JOHN BOUTHERWAY. I live in Henry-street, Bedford-square, Commercial-road—I advertised for a situation—I received an answer, and saw the prisoner at Pool's Tavern, Fish-street-hill, and 20, Beer-lane—"Rust and Co." was over the door—the prisoner told me he was travelling for the firm of Rust and Co.—he was going off it, but he could procure me the same—they were chicory merchants—I was to deposit 10l. as security for receiving money for the firm—I deposited 1l. on 20th June, and made as agreement for the situation to have thirty shillings a week for three months certain, and after that five shillings a week more, as traveller and collector for the firm of Rust—I deposited 1l. to keep the situation open for a week—the next morning I made inquiries, and thought it was not right—I went into the office and saw there were no goods—I gave the pound to the prisoner, believing I was to be traveller for Rust and Co.
Prisoner. Q. Did I not tell you at Poole's, I could give you an agency in the colour line, you would have to call on coach-makers? A. Yes—you said you were agent for colours—when I came to Beer-lane I did not have a promissory note—you gave me a memorandum for "Self and Co.," but it is lost—I went next morning and said I wanted my sovereign back—you gave me an I O U—that is lost—I went into the counting-house next day and waited till seven at night.
ANN CHRISTY. I am the wife of William Christy, of 20, Beer-lane—the prisoner hired the front counting-house on the ground floor, in the name of Prudence, and the name of Rust and Co. was put up—I did not see any person come there, or any business carried on—a few very small boxes came—I only saw Mr. Lucy come, who had anything to do with the business—some letters came in the name of Prudence, and some in the name of Rust and Co.—they were given to the prisoner.
Prisoner. Q. You had no arrangement to attend to the counting-house? A. No—persons might come in and I not see them, but it is not very likely—I was in and out—I had very strong suspicion.
GEORGE SEAMAN (policeman, H 150.) On 26th Nov., I saw Boutherway, and took the prisoner for obtaining a sovereign under false pretences—I took him to Denmark-street station—he said he could not have defrauded the prosecutor out of a sovereign, for he had given him an I O U for 2l. for it.
Prisoner's Defence. When I called at Poole's Tavern, I told the prosecutor I had an interest in the firm, and I gave him the card; there was such a firm; he came next day and entered into an agreement, he was to give me 10l., holding a note for the value; he gave me the sovereign, and said if I would keep it open till the following Monday, he would give me the rest; I gave him a note for it, in the name of "Self and Co.;" he came next day in a very abrupt manner and demanded the sovereign; he came next day; I was ill; my wife was there; she said, "I have got seven shillings and sixpence in my pocket, I will give you that;" he struck my wife in the breast; Mr. Rust came in, and reasoned with him, and told him he was hindering business.
Prisoner. Mr. Rust desired my wife to come home; is it likely, when there was a mob of people round the door they would pay him; I was forming an excellent connexion; I had lived two years in one place, one years in
another, and six years in one establishment, and kept a banking account—I was a large tallow-melter, and the largest holder of tea-lead in England—there would have been 600l. thrown into the firm that very week, had not Bowtherway come and made that disturbance—the business would have brought me in 3000l. a-year—I was, it is true, a bankrupt; but it was superseded—Mr. Rust and Mr. Zillah might have come to the counting-house without any one seeing them—there was no false representation; Mr. Lucy had thirty-four casks of pitch as security, and he was agreeable to let the wages stand.
(John Faulkner Cooper gave the prisoner a good character.)
GUILTY. Aged 45.— Transported for Seven Years.
(MR. RYLAND stated that ten or twelve other persons had been also defrauded by the prisoner.)
JAMES WELLS. I make hampers and baskets at 10, Russell-court. The prisoner was in my employ, to work at his trade, and serve articles to any one that might call for them—it was his duty to receive money and return it to me every evening—if he received 2s. on 5th Oct. or 2s. on 2nd Dec., he has never paid me—he ought to have paid them both.
Prisoner. Q. Did you not tell the Magistrate that I was at work in Little New-street on 5th Oct., and that I was not at work in Russell-court? A. I could not say so.
Prisoner. He came for a hamper, and paid me; I put the money into my pocket; I had it on my person when I was taken.
Prisoner. I did not receive it; I was not at work on 5th Oct. in Russell-court. Witness. I cannot swear it was that day—it was about that time—his master came to me, and said that the prisoner said he had not seen me—I went with him, and the prisoner said he had never seen me—I am confined I paid him.
JOHN BATEMAN (policeman, F 99.) I took the prisoner on the 4th or 5th Dec. out of the cellar—he said, "What is the matter? I have got some money in my pocket for my master?"—I said, "Have you not seen your master to give it him since you received it?"—he said, "No, he has only been down one, which was last night, and did not stop a minute,"
Prisoner's Defence. There was no stated time to give it him; on the Friday he came down and went away; I had it in my pocket; I would not spend it; it slipped my memory to give it him, as we were busy; I should have accounted for it on Saturday night.
(The prisoner received a good character.)
GUILTY. Aged 29.—Recommended to mercy by the Jury. — Confined Two Months.
MR. RYLAND conducted the Prosecution.
HENRY TURNER. I am a clerk in the Bank of England. On Wednesday, 1st Dec., about one o'clock in the day, I was at the Dudley Arms, Paddington, and saw the prisoner—I had nineteen sovereigns, a 5l. note, some silver, and two memorandums—I had some dinner, and as Grimes was out of work I thought he might be hungry, and I gave him some—we then all three had some-thing to drink, and then left, and went to another public-house, and had more to drink, for a about ten minutes—Grimes then said, "If you were to have a game at skittles it would do your cold good; you would get into a perspiration, and work that hoarseness off—we played, and had more drink—I was rather the worse for what I had—they told me I wanted shaving very badly—I asked where there was a hairdresser's shop—they showed me one—we went in—I sat down and fell asleep—I believe the hairdresser a woke me—I did not see the prisoners then—I examined my pockets, and my nineteen sovereigns, the 5l. note, and the two memorandums were gone—they were buttoned up safe when I was within twenty yards of the shop—I went into the road, and saw Collins—he said, "Where is my mate?"—I said, "Where is my money that you robbed me of; I have half a mind to knock your d—d head off"—he said he did not know anything of it, he had not robbed me—I afterwards saw my memorandums produced by the policeman—these are them.
Cross-examined by MR. ROBINSON. Q. What are your duties in the Bank? A. I am clerk—I had a day's holiday, and went to see some horse-racing—I received 30l. on Tuesday from one of the cashiers—it was my salary, but I paid away 5l., and I had some silver—I had been out about an hour before I met the prisoner—I cannot call to mind whether I accosted Grimes or he accosted me—I cannot tell how much I drank before I addressed him—I had a glass of sherry and water before dinner—that was all I had since the morning—I had only porter with my dinner, I had rum and water after dinner, a glass of sherry and water in one public-house, and I think I had the same in the other—I am not in the habit of taking such things—it is rather unusual—I was going to write something on these memorandums, and did not finish it.
GEORGE BANKS. I was waiter at the Dudley Arms. On 1st Dec. I saw the prisoner there, between one and two o'clock—I saw Turner there—the three were drinking rum and water at the bar—they staid about half an hour—while Turner was there, I saw a Bank-note in his hand—I could not tell the amount—he put it into his pocket, and they all left together—Grimes came back to the bar in about an hour, and called for a glass of rum and water—a man joined him, (not Collins,) and they had a quartern of rum—Grimes called for "Pickwick"—he afterwards said, "It is not often I go to work; when I do, I like to work for something"—while he was drinking the policeman came and took him.
HENRY CHILDS. I am a hair-dresser at White Lion-passage, about five minutes' walk from the Dudley Arms. I knew Grimes by his coming to the shop on the Sunday morning before this robbery—on 1st Dec. Turner and the prisoners came in—Turner appeared half drunk, the prisoners were very nearly sober—they asked me to shave Turner—I was engaged, and said I would in a few minutes—Turner sat down, and fell asleep—Grimes sat near him, and seemed asleep too—Collins was on the other side of the shop, reading a newspaper—I was obliged to go up stairs for hot water—I was away about three minutes—when I came back I told Grimes to wake Turner up—he said, "Let him sleep, it will do him good"—I made them wake him up—they
went and shook him, he got a far as the chair; and while my back was turned, putting the cloth on him, both the prisoners were gone—I should say Turner was hardly sensible—at my suggestion, he examined his pockets, and went out.
GEORGE BYFORD. I am shopman to Mr. Treadaway, a clothier, in Harrow-road, about five minutes' walk from the Dudley Arms. On Wednesday, 1st Dec., Grimes came to my master's shop, between two and three o'clock, I think it might have been—he looked out cap, which came to 1s. 2d., and a handkerchief, which name to 1s.—he threw down a sovereign, then took it up, and threw down a half-sovereign—a person went for the change; and while he was gone, he took a handkerchief from hi neck, and took from his pocket a number of sovereigns—I should think, from the bulk of them, there were twelve or fourteen, or more—he tied them up in the handkerchief, and shortly afterwards left the shop—I asked him if it was wages for work he had done, and told him to take care of them—he said he was going to place them in some one's hands—I have since seen a cap and handkerchief, which I believe are what I sold him—I believe this is the handkerchief he had round his neck, and he spread on the counter.
Cross-examined. Q. Did you ever see him before? A. I believe I have, about the neighbourhood—I believe he is the man that came into the shop.
HENRY BECKELL (policeman, D 231.) On 1st Dec., about a quarter before three o'clock, Turner came to me, in the Harrow-road—he appeared the worse for liquor—he said he had been robbed of 25l. or 26l., he could not exactly say what—he said it was by one of the prisoners—Collins came up, and said he had not robbed him, he had been to look after his mate, or his chum, as the called him—I took Collins into custody.
ALFRED HUGHES (police-sergeant, D 13.) On the afternoon of 1st Dec. I saw Collins in custody at the station—I then looked for Grimes—I found him in the Dudley Arms, with some rum and water I his hand—I said, "A gentleman has been robbed of nineteen sovereigns and 5l. note"—I searched him—he said, "You will find three shillings"—I found on him 8s. 5d.—I saw this handkerchief round his neck—I said, "It is new"—he said, "I have had it a week"—I looked at his cap, and said it was new—he said, "I have had it a month"—I found these tow memorandums on him at the station—I did not open them—I put my hand on them, and said to Turner, "Have you lost anything else?"—he said, "Yes, two memorandums; one is for 11s. 6d., and one for 4d. 6d.; there is a name on one, but I don't recollect what"—I did not let him see them till he was at the police-court—I then said, "Is this your writing?"—he said, "Yes," and claimed them—they are for the same amounts as he named—on the way to the Court, Collins said, "What a b----y lark it will be, if we have to swing for it!"
Collins. Q. Did you hear me say so? A. Yes, in York-street—you were dancing all the way to the office.
Cross-examined. Q. Were the prisoner the worse for liquor? A. I should say not—they might have been drinking.
Grimes. Q. Did you not say to me at the station, "I will do you if I can?" A. I did not.
(The prisoners received good characters.)
COLLINS— GUILTY. Aged 19.— Confined Three Months.
GRIMES— GUILTY. Aged 20.— Confined One Year.
356. JOHN DRISCOLL , stealing 1 coat, value 8s.; 1 basket, 1s.; 3 sheets, 1l.; 12 pillow-cases, 12s.; 3 shifts, 3s.; 2 night-gowns, 4s.; and other articles; the goods of Jeremiah Morphew; and ELIZABETH GILL , for feloniously receiving the same; Driscoll having been before convicted.
MR. PRENDERGAST conducted the Prosecution.
JEREMIAH MORPHEW. I live in Gravel-lane, and am a labourer. On 24th Nov., between eight and nine o'clock in the evening, I was sitting in my kitchen behind the parlour—the boy Thompson alarmed me—I ran up New Gravel-lane—Thompson ran another way—I returned, not being able to find any one—I met Thompson again, and went with him and a policeman to 5, Match-walk, I saw Gill, and asked her whether any men had brought in a basket of clothes and a coat—she said, "No"—the officer asked for a light, and directly it was brought, my coat was lying in the passage, at the corner of the staircase—the officer searched further and found a basket of clothes in the cellar—the clothes and the belonged to me—they had been in my parlour.
Cross-examined by MR. HORRY. Q. Gill was sitting in the back parlour when you went to her house? A. Yes—she came out into the passage to me—you go into the yard to go into the cellar—the officer broke the cellar-door open and, brought up my basket of clothes.
ALEXANDER THOMPSON. I live at the workhouse. I was going down Gravel-lane that evening, between eight and nine o'clock, near Morphew's house, and saw Driscoll and two other men walking about the door—one of them went in, brought out a coat, and gave it to Driscoll, then in again, fetched out a basket of clothes, and carried that himself—Driscoll went one way, right up the lane—the other towards the Match-walk—they both went towards the Match-walk, in different ways—I went to the Match-walk, and saw them go into the house with the clothes—a man was walking back-wards and forwards before the door—he asked me what I wanted.
Cross-examined. Q. What it No. 5, in the Match-walk? A. I am not sure—it was the same house that Morphew and the officer went to afterwards.
Driscoll. Q. What can you swear to me by? A. By your face—I never saw you before.
THOMAS BENSON (policeman, K 255.) I went with Morphew, between eight and nine that evening, to No. 5, in the Match-walk, and found Gill sitting by the fire—I asked her if three men had brought in a coat and a basket of linen—she said, "No, I know nothing about it"—I went out, went in again, asked her for a light, and found a coat lying at the bottom of the stairs—Gill was then sitting in the back parlour, with the door open—I searched the upper part of the house and found nothing there—there were some folding doors to go down to the cellar, fastened by a padlock—I asked Gill for the key—she said she had it, then said she had not, and then said it was hanging on a nail—I directed an officer to break the door, and in the cellar we found this basket of clothes—Gill said the cellar was kept for her own use, she kept pigs-wash in it, and no one had any access to it but herself—I did not find any key of the cellar—Gill seemed very much confused when the basket was found, and said she knew nothing of its being there—it was impossible that any person could have gone into the house without her knowing it—the back parlour-door was open, and she was sitting there—they could not go through the passage without her knowing it, but the coat was in the front part, they might have got that in—the back parlour-door
faces the passage—they have to go through that, to the two folding-doors leading to the cellar.
Cross-examined. Q. The folding-door are in the yard? A. Yes, they are attached to the house—there are not four or six houses open in the same ground—I went all over the house—it is a lodging-house—she did not say the key hung on the nail for the use of all the people in the house—there was a frying-pan on the nail, but no key—she told me no person had any business in the cellar but herself, and she kept it for her own exclusive use—the back parlour-door was not shut when I was there—if it had been shut they must have heard persons passing the passage.
(William Moon, William Moor, Christopher Batt, a messenger, and Benjamin Jackson, a seaman, gave Gill a good character.)
DRISCOLL— GUILTY. Aged 22.
GILL†— GUILTY. Aged 52.
Transported for Seven Years.
MRAY HICKS. I am the wife of James Hicks, of Hammersmith. Twenty years ago I made up three packets of twenty sovereigns each—I placed them in a wooden box, which I put into a canvass bag—about seven years ago I removed from my house, and removed my bag and box—Gregory was born in my house—I brought him up from his birth—I heard something, and went to my box, where my sovereigns were—I found it empty, with the top wrenched off—I had seen if safe perhaps about twelve months since—I asked Gregory what he had been doing—he fell on his knees and said, "Pray, mother, forgive me"—the money has never been found.
Cross-examined by MR. PAYNE. Q. Is not he weak in his head, and likely to be lead away by other persons? A. Yes—since he had an illness, when he was four years old—Edwards lived very near me, but I did not know her—I should be glad to have Gregory back to reform him—he was not in a situation to buy accordions and looking-glasses.
Cross-examined by MR. ROBINSON. Q. Did not Gregory first deny it? A. No—I did not charge him with it, I produced the box before him—he did not say, "I know all about it;" it is a parcel of stories.
CHARLES HENRY BRADDICK. I am assistant to a draper, at Hammersmith. A month or six weeks back, the two prisoners came together—I saw them served with a dress—I had before fitted Edwards with a pair of gloves, which Gregory was going to treat her to—he paid for the gloves, I do not know who paid for the dress.
Cross-examined by MR. PAYNE. Q. Did not Edwards say, "The boy is going to treat me with them? A. Yes, Gregory was dressed like a school-boy.
GEORGE HEAVER. I live with my father and mother—I was taken up on suspicion of being concerned in this robbery—I was put into a cell with Gregory—he called out to Edwards, "Elizabeth!"—she said, "Ah! Elizabeth, indeed, you ought to be ashamed of yourself; you have brought me into a pretty mess; you have brought me here innocently"—he said, "you know all about it—I told you where I got the money from."
JOHN JONES (police-sergeant, T 31.) I took Gregory at Mrs. Hicks's—he said he had taken the sovereigns four or five times, the last was on Thursday, and on Saturday he gave it to Edwards to buy a looking-glass—I took him to Edwards, and asked her if she had any things—she said, "No"—Gregory said, "You have a pose-horn, a dulcimer, two accordions, a new looking-glass, and a bird-cage"—she said she had received a sovereign from him to buy a looking-glass, a little girl broke hers, and he gave her a sovereign to buy another.
Cross-examined by MR. ROBINSON. Q. Did she not say she was very sorry, she ought to have known better? A. Yes.
GREGORY— GUILTY. Aged 14.—Recommended to mercy by the Jury. — Confined Four Months.
EDWARDS— GUILTY. Aged 36.— Confined Nine Months.
Prisoner. It was 3s. 4d.
GUILTY. Aged 20.— Confined Three Months.
WILLIAM BERRY. I am a cheesemonger, and live in Richmond-street, Marylebone—I lost a piece of bacon on 6th Dec.—I saw it again the following morning—it was mine.
RICHARD COMPTON (policeman, B 87.) On 6th Dec. I saw the prisoner running down Carlile-place with something under his arm—he ran into a watering-place—I ran after him, and said, "What have you got here?"—he said, "Nothing"—I found this bacon by his side, covered with this handkerchief.
Prisoner's Defence. I ran in the place; I did not know it was there.
GUILTY.*† Aged 19.— Transported for Seven Years.
OLD COURT.—Saturday, 18th Dec., 1847.
PRESENT—Mr. Baron ROLFE; Mr. Ald. GIBBS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Second Jury.
360. JAMES WELCH , feloniously assaulting Seelie Young, puttingher in fear, and stealing from her person, and against her will, 1 reticule, value 1s.; 2 purses, value 5s.; 4 sovereigns, 8 half-crowns, 40 shillings, 40 sixpences, and 1 5l. note; the property of Richard Young; having been before convicted.
SEELIE YOUNG. I am the wife of Richard Young, of Clapham. On Thursday, 25th Nov., about a quarter to one o'clock in the day, I was in a street near Brick-lane—I had a bag in my hand—the string was twisted three times very tightly round my wrist, and the bag was tight in my hand—there were two purses in it—one was empty, and the other had a 5l. note, four sovereigns, and between 4l. and 5l. in silver in it—the prisoner came up to me, and wrenched the bag out of my hand—I am sure he is the man—I held it very tight—he tore it from me and hurt my hand—I ran after him, and called "stop thief!"—he ran down a street—I got very near him—he turned round twice and looked at me, and then went up some steps into a house—I saw no more of him—the reticule was mine, and the money my husband's—I did not follow him into the house, because such a mob came round me—I was very much frightened and alarmed.
Cross-examined by MR. O'BRIEN. Q. Was it wet? A. No, a fine sunshiny day—the person came up by the side of me—I did not see him till the bag was rent, and then his back was to me—I saw his face when he wrenched the bag—it was in my left hand, which was towards the street—I did not see him till he made a snatch at the bag—I think there were two snatches—he had it off in an instant—he did not get far from me—I was so terrified I cannot tell whether he had left the street before he turned round—he wore a hat and a brown coat—on the following Tuesday I was taken to Worship-street by Hughes—he told me the person who had taken my bag was in custody—I saw him in the cell, and recognised him.
EDWARD THOMAS ROGERS. I am a bell-hanger. At this time I lived in Redman-row, Stepney—on 25th Nov., about one o'clock, I was standing in Thrall-street, about one door out of Brick-lane—it runs into Brick-lane—there were two girls of the town standing so as to eclipse Mrs. Young, but I saw her hands and arms and her bag—the prisoner came across the road—I saw him stoop, snatch the bag, run down Thrall-street, and put it into his hat—Mrs. Young ran so fast that I thought it was one of his pals, one of the girls, till I heard a cry of "Stop thief!"—when I got half-way down, the same two girls began to knock me about the face and head, and some men too, and I did not pursue him—I am quite certain the prisoner is the man—I picked him out of the cell from twelve or fourteen others—he was in a different dress.
Cross-examined. Q. You had never seen him before? A. Not to my knowledge—I was not on the same side of the street as Mrs. Young—I was as far as the remote corner of this Court from her—he passed me about a couple of yards off—I saw the lady running before I heard the cry—I only saw what was snatched from her hand, and her hands and arms—I should have held the prisoner if I had not thought she was one of his pals—I saw him next on the Monday about the middle of the day—a notice was left at my house that the person I saw was taken—two policemen and the gaoler took me into the yard—I saw a policeman before I went—I never said the prisoner had a blue cap on—I did not hear the lady say he had a hat, at the police-office—I saw him take a hat from his head—he wore cord trowsers and a sort of frock-coat, brown—I will not swear it was a frock-coat—at the station he had on cord trowsers, a brown cap, and a blouse.
THOMAS HUGHES (policeman, H 52.) On 25th Nov. I was at the station—Mrs. Young came and gave a description of a party who had robbed her—on Monday morning, 29th Nov., about half-past six o'clock, I met the
prisoner, and told him I wanted him for robbing a lady in Brick-lane—he said he knew nothing of it—I gave him to another constable, and asked where he lived—he said, in Blue-anchor-yard, Rosemary-lane—I went there, and received a basket of china and glass, and two waistcoats, new or nearly so—he said they were his.
Cross-examined. Q. Did the basket appear as if he had been selling china? A. It appeared as if it had been bought for hawking—it was full—when I took him he wore a sort of brown Taglioni coat, corduroy trowsers, and a woollen Guernsey over his shirt.
GUILTY. Aged 18.— Transported for Seven Years.
JAMES MICHAEL CODY. I am eight years old, and live with my father and mother in Rufford's Buildings, Islington. On Thursday in last week, about seven o'clock in the evening, I was in Parsley-court—there are three steps at the top of the court—I was standing at the bottom by the steps—before I had time to put my foot to the top of the step, the prisoner hit me on my head with a broom—he said, "You are one of them, and take that; I will catch you one by one like that"—it made a cut on my head—the doctor has seen it—it bled—I had not spoken to the prisoner—I live at the top of the court—I had not seen him before he came to me at the steps—there were some other boys about—they were heaving mud in the prisoner's face—I was not one of them.
Prisoner. You know you threw some mud, which hit me on the coat. Witness. I did not.
WILLIAM LAW. On this night I saw a few boys in Parsley-court, and some were standing at the top of the court—they all ran away—I saw Cody coming up the court—directly he got to the steps the prisoner cut him over the head with the head of the broom—the boy had not said or done anything to him—he had not time to do anything—the prisoner said, "There is one for you," and then struck him.
Prisoner. Q. Did you not see a lot of boys round me? A. No—I saw a few at the top of the court—I did not see three men run away—I did not see you interfere with any one.
RICHARD MARTIN (policeman N, 175.) The prisoner was given into my custody—somebody in the crowd observed that he had killed a boy with his crutch—he said, "No, I did not touch him with my crutch, I only hit him a tap with my broom."
WILLIAM SETH GILL. I am a surgeon. The boy was brought to me—I found an incised wound on the top of the skull—it was a jagged wound, and might have been made with the sharp edge of a broom—it was a bad wound, and reached the cranium.
Prisoner's Defence. I did not try to hit the boy, only to save myself from a stone; he was heaving mud in my face, and calling me a heretic rascal; I was speaking to the lads about their not going to Church on Sunday, and they began heaving mud and stones at me, and saying, "We do not want any of your religion, you are nothing but an heretic rouge;" I have been three years and a half at that crossing, and never ill-used any one.
HENRY BAKER (a Juror.) I have known the prisoner three years—he is a very inoffensive, industrious man—I am in the habit of seeing him night and morning as I go to business—the sweeps a crossing by River-terrace, Islington—he always has a broom in his hand—he is apparently a religious man, and when he has nothing to do sits reading his Bible and hymns—the boys round there are constantly in the habit of teasing him.
GUILTY of an Assault.—Recommended to Mercy. — Confined One Month
ROBINSON conducted the Prosecution.
BARZILIA BIRCH. I was a licensed victualler at River, near Dover, but am now out of business. I had a brother named Philip Birch—I saw his body at the inquest on 9th Dec.—I went with the Jury to see it.
HENRY FULLER. I am a gardener, at 15, Thurlow-square, Brompton. On the 4th Nov. last I was at the Admiral Keppel public-house in the Fulham-road—the prisoner and deceased were there—the deceased was quarrelling with every one, and was very much in liquor—he was wrangling and quarrelling with Spicer—he called him a cur, and said he was no man—he then quarrelled with the witness Cook, and wanted to fight him—Cook said he would do no such thing—Birch got up and swore he should fight either up or down, and struck him, knocked him down, and dropped down on him—Cook had a file on the table, and said, "If you offer to hit me I will strike you with this file," upon that Birch fixed him in the throat, and held him down till he was black in the face; at the same time taking the file out of Cook's hand he stabbed at him with it two or three times, and struck him in the eye with the handle of it—I got up and snatched it out of Birch's hand—he still hold Cook by the throat—Spicer got up, took up the tongs, and struck him with them on the lions, and right up the back—it was a very heavy blow, with the top part of the tongs—I said to him, "For God's sake, do not strike the man like that"—he repeated the blow; Birch at the same time rose his head and received the blow on his head—he went out of the room bleeding—I saw him about ten days after—he appeared better then.
Cross-examined by MR. PAYNE. Q. Did not Cook appear in great danger of being choked? A. He did—he could not speak for some time after, and appeared as if he had lost his senses—it was while Birch was holding Cook by the throat, that the prisoner struck him with the tongs—he took them up on the sudden—Spicer's hand was not in a sling at the time, but he complained of its being hurt.
CALER COOK. I live at 3, James's-street, Marlboro'-road, Chelsen, and am a locksmith. On 4th Nov. I went to the Admiral Keppel public-house—I saw Spicer, Birch, and Fuller there—Birch was drunk—I do not recollect what words passed between him and Spicer, but Birch got hold of and shook him—he was wrangling with every one in the room, and several gentlemen left—he was calling me all manner of ill names, and swore he would fight me, seized me by the collar, pulled me from my seat, and struck me two or three times—I begged him to be quiet, and he sat down on the opposite side of the fire-place—he then jumped up again, and swore I should fight either up or down—I said, "George, if you touch me again, I will strike you with this file," which I had in my hand—(he was called George)—he then seized me by the throat, caught the file out of my hand, and jobbed me with it two or three times with great violence—he turned the handle of it, and the handle struck me in the eye—Fuller wrenched the file out of his hand—I did not
see the prisoner do anything—Birch afterwards came in again with his head wrapped up, and was rather quarrelsome then.
Cross-examined by MR. PAYNE. Q. When he caught you by the throat, were you able to speak? A. No, I was quite overpowered, and lost my senses—I was bad for three weeks afterwards.
COURT. Q. Did you know the prisoner before? A. Yes—I am not related to or connected with him.
MAURICE MULCAHY (police-sergeant, V 2.) On the evening in question I went to the Admiral Keppel public-house, and saw Birch standing in front of the bar, bleeding profusely from a wound in the head—while I was speaking to him, the prisoner came out of the parlour, and I said to Birch, in his presence, "George, you have done it"—he said, "That b----y rogue, Spicer, he has done it for me now"—Spicer said, "It serves you right, you wanted to choke the man"—I asked Birch if he would give the prisoners in charge—he said he wanted no law, he would take the law into his own hands the first opportunity he had.
Cross-examined by MR. O'BRIEN. Q. He refused to remain in the hospital that night, I believe? A. He did—I saw him out of the hospital three or four times afterwards, and once at the Admiral Keppel, drunk.
THOMAS BROOKS BUMSTEAD. I am house-surgeon at St. George's Hospital—the deceased was brought there on 4th Nov.—I found a lacerated wound on the upper part of the left side of the head, about an inch and a half long—there was considerable bleeding from it—I dressed it, and wanted him to remain in the hospital, but he would not—I told him of the danger—I saw him twice during that week, and then did not see him again until the 24th, when he was labouring under an affection of the brain, difficulty of speaking, and paralysis of the right side and arm—I then prevailed on him to remain—he became much worse—an operation was performed on 2nd Dec., and he died on 7th—an examination of his head was afterwards made in my presence—the cause of death was abscess on the brain following inflammation—I consider that abscess to be the result of a blow—there was a wound externally—I consider his death to have been caused by that blow.
Cross-examined by MR. PAYNE. Q. Supposing him, instead of remaining quietly in the hospital, to have gone about drinking, would not that have produced the abscess? A. Not without there was some injury—the injury was not of such a nature as inevitably to have led to death—he might have recovered had he remained in the hospital, but I do not think he would.
MR. ROBINSON. Q. Was it your opinion, when he first came in, that there was danger? A. Yes—such a would as that on the head would be dangerous.
THIRD COURT.—Saturday, Dec. 18th, 1847.
PRESENT—Mr. Ald. FAREBROTHER, Sir CHAPMAN MARSHALL, Knt., Alderman; Mr. Ald. GIBBS, and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Forth Jury.
JOHN HAGGERTY. I live in Well-street, Wapping. On 11th Dec. I went to the crown and Seeptre public-house, and had some beer, there were five men and three women there—the prisoner was there, about three yards from me—I knew her by sight—she did not have any of the beer—I took my purse out of my bosom—there were two half-sovereigns, eight half-crowns, and 19s. in it—I took it all out, to get some change—the prisoner was looking at me—I went away to go home—somebody took me to another public-house, about half an hour afterwards—I am sure I had the purse and money then—the prisoner was there, and sat on one side of me in the tap-room—she put her arm round my neck, and her hand in my bosom, and asked whether I was ticklesome—I said I was not, and told her to keep her hands off me—I got up, and missed my money—she was then standing by the tap-room door—I asked her for my money—she said she had not got it—I went outside for a policeman, but could not find one—I went in again—she was still there—I told her to give me my money—she said she had not got it—no other woman did anything to me—I was quite sober—I never found either money or purse.
Prisoner. Q. Did not ask you to fetch a constable, and have me searched? A. No—I did not tell the inspector that you said have had not left the place where you had been sitting.
JOHN BAKER (policeman.) On the Sunday afternoon, after this Friday, I took the prisoner and told her the charge—she said, "I know nothing about the money; I told him to have a constable and have me searched at the time he accused me, but he would not."
Prisoner. Q. Did not you hear him tell the inspector that I asked him to get a policeman and have me searched, as I had not left the place where I had been sitting? A. No; he said he ran out of the house, as he was frightened; as there were two or three men who frightened him.
Prisoner's Defence. I never spoke to the man; he said he had lost his money, and caught hold of me and said I had got it.
JOHN HOGERTY re-examined. I had a string round neck, the purse was tied to it, and hung in my bosom—a man who was lodging in the house sent for me to the second public-house—he had no connexion with the prisoner—I did not feel the string tugged—it was not left—I did not feel it going over my head.
CHARLES RUDLAND. I keep an eating-house, in Lisson-street, Marylebone. On Tuesday evening, 7th Dec., between five and seven o'clock, I was in the bar parlour of the Broad Arrow public-house, Milton-street—the prisoners were in and out all the evening—I do not know whether they were both in the room together—I had two 5l. notes, a 10l. note, and about 40l. in gold, in my purse; which I pulled out about six o'clock from my right trowsers pocket, and put them into my left hand—I was going to give them to Mr. Cooper, who was going to take possession of the house that evening—the broker pressed me to put the notes into my pocket again—I put them into the purse, but the 10l. note clung to my fingers, and I suppose I must have dropped it—I put the purse into my pocket, buttoned it up, and did not look at it again that evening—at eight o'clock next morning, I missed the 10l. note, No. 76058, dated Oct. 11th—the purse and the other notes were all safe—I staid in and about the public-house about two hours after I took the notes out—I was in the neighbourhood till eleven o'clock—I
stopped the note at the Bank—on Wednesday afternoon, about three o'clock, I gave information at the Broad Arrow that I had lost the note—the prisoners were them in front of the bar—I did not know either of them before—I said I had stopped it, and offered a sovereign reward to anybody who would produce it, or hear of a clue to it—Williamson asked me if it would not be advisable to print a few handbills, or advertise—I said I would consider of it—he said if he knew anything of the party he would let me know—Mandell said he had not seen it—on the 9th, about four o'clock, Williamson came to my house, and told me he had a clue to the party who had picked up the note, but they would not give it up for anything less than half—I said I should not think of that, as the note was stopped, and asked to have an interview—we went to a house in Chiswell-street, and had a pint of ale—I questioned him several times about the note, and offered two sovereigns reward, and ten shillings to him—he said he would go and make the offer, but did not think the party would take it—he came back in ten minutes, and said they would not take less than half—I said I should very much like to have an interview with the party, and that I would make the reward 50s. and 10s. for himself—he went out again, and I set the potman to watch—Williamson came back, and said the parties would not take it, for it was worth 5l. to them, if it was not to me—I gave him in charge there about seven o'clock—he told Sergeant Brannan that the party who could give him a clue to the note was the potman at the Broad Arrow—I proceeded with him and the policeman to the Broad Arrow, and saw Mandell—I asked in Williamson's presence what he knew about the note, and cautioned him to speak the truth, as it would be taken against him—he said, "The truth of it is, I picked the note up in front of the bar on Wednesday morning, and gave it to Williamson"—that was the morning after I lost it (it was not there when I went on Wednesday, for I searched)—Williamson said, "This young man picked up the note and gave it to me; I put it into my waistcoat-pocket; by some means it worked out, and I do not know where it is"—both prisoners were taken to the station—the Broad Arrow was closed to the public on Wednesday—this is my note (produced)—the number is the same—I had taken it of a neighbour, and saw him sign this name on the back.
Cross-examined by MR. ROBINSON. Q. Did you advertise it? A. No; Williamson said he had seen an advertisement, offering a reward for a 10l. note—he had did not say he understood I had offered 5l. reward.
JOHN HARVEY (policeman, 113.) Between eight and nine o'clock on Thursday night, the 9th, I was fetched by the pot-boy of the Pied Horse, Chiswell-street, and found Rudland and Williamson in the parlour—I left them there, and went with Vousden to the Broad Arrow and saw Mandell—I spoke to him about a 10l. note being lost there on Tuesday—he said he had not heard of any note being lost there—I said, "If such had been the case you must have heard of it"—he said "Yes"—I sent a policeman back to the Pied Horse, and then went there with Brannan—Williamson was outside the Pied Horse, nobody was with him—I spoke to Rudland in the parlour—Williamson came in—Rudland said, "I believe you can give me some information respecting this note"—he said "Yes"—Rudland said, "Have you any objection to show me the party"—he said, "No"—we all went to the Board Arrow, Williamson showed us Mandell and said, "That is the young man that can give you the information"—Mandell said, "I picked up the note and gave it to Williamson"—Williamson said, "That is right, the young man gave me the note, but I have lost it"—they were both given in
custody, and taken to the station—I searched them and found 2 ½d. on Williamson, and 1s. and 6d. on Mandell—on the morning of the 10th I went to Williamson's cell, and said I should go and search his lodgings—he said, "I wish you would allow me to go to the Broad Arrow with you, to search the cellar and the front of the bar—we went there, he asked for a light, we went down and passed through the beer cellar into the spirit cellar—he kicked the sawdust about in two or three places, we then went to the front of the bar, and as he stood there I found a 10l. note doubled up under a chair—it was dark there, but we had a light—I said, "Here is the note"—he said, "I am very glad it is found."
Cross-examined. Q. Did you keep close to him? A. Yes—I had him in custody and followed him wherever he went—there was another constable with us.
JURY. Q. Did Williamson stoop down in the cellar, or merely kick the sawdust? A. He stooped, but did not pick up anything.
JOHN THOMAS VOUSDEN. I am potman at the Pied Horse, Chiswell-street—on the evening of the 9th, about eight o'clock, Rudland and Williamson came—I went to the Broad Arrow, saw Mandell, and asked if there had been such a thing as a 10l. note lost—he said, "No,"—I asked if he should have found it if there had been—he said, Yes he knew every corner of the house—I asked if there had been any parties inquiring about one—he said there had been no inquiries made—the Pied Horse is about five minutes' walk from the Broad Arrow.
CHARLES RUDLAND re-examined. I had searched the front of the bar, on Wednesday about three o'clock, to the best of my recollection, there were no chairs, if there were it was only one or two—I searched myself and am positive there was no note there—the gas was alight.
Mandell's Defence. On sweeping up the place I found the note, gave it Mr. Williamson directly, and said, "You can take better care of it than I can"—he said he would keep it and advertise it, and whatever reward was offered I should have—I did not have it in my hand three minutes.
(Mandell received a good character.)
ROBERT ADLINGTON. I deal in corn, at John's-row, St. Luke's—the prisoner was in my service—it was his business to carry out goods in my cart, and receive money for them—he was to account to me and no one else—on 25th Nov. he went out with the cart, with goods to Huskisson, Butler, and Stock—he had bills to deliver—he did not come back, his cart was left seven hours in Regent-street, Wharf-road—he has not accounted for 2l. 13s.—I did not see him again till 7th Dec.
Prisoner. She paid me, but you were not present.
Prisoner's Defence. I went out with my master's cart; I went with a
young man and had a drop of rum; when I came out my horse and cart were gone; I went to my master's to see if it was come back, it was not; the money was in the cart; I tried to get the money but could not, and gave myself up.
GUILTY. Aged 18.— Confined Nine Months.
JOHN WILLIAMS. I am a seaman—on 24th Nov. I was in Fraser's beer-shop, in the highway, with Kingston and another man—I was a little in liquor—I knew what I was doing—I left the house with the other two men, and the prisoner Coffee—she kept by me all the way to Morgan's, in Elbow-lane—she had her arm round me and dragged me along—somebody walked behind me—when we got to Morgan's, she hauled my cap in—I was obliged to go in for it and she slammed the door—the others did not go in—I went into a room—Coffee and me sat on a bed—I could not get away from her—I did not go to bed with her—a policeman came in in five or ten minutes, and asked me if I had my watch—I put my hand in my pocket, the guard was there, but the watch was gone—it was a silk guard—I cannot say whetherit was broken or cut—I am sure I had the watch when I left Fraser's, as I looked at it inside the door—it was half-past eight—I never saw it again till I saw it at the pawnbroker's.
Coffee. Q. Was I in your company when I went into Fraser's? A. You came in while I was sitting there—there was no woman with me—I asked you to drink—I did not want to go with you.
HARRY HAYWARD (policeman, K 401.) On Wednesday evening, 24th Nov., Kingston told me something—I went with him to a house in Elbow-lane, and found Williams and Coffee in a room together—her arm was round his waist—I asked him in her presence if he had lost his watch—he felt, and missed it—I saw a broken watch-guard hanging round his neck—I asked Coffee if she had got it—she said she had not—I searched the place, but found no watch.
WILLIAM CHARLES POTTER (policeman.) On 1st Dec. I took Lahy in King-street, Wapping—I told her I took her on suspicion of stealing a watch, and giving it to Annie Wade to pawn—she said it was no such thing—afterwards Annie Wade came—Lahy was there—she said, "You know you gave me the watch to pawn; I pawned it for 17s., and gave you the ticket"—Lahy said, "I will tell the truth, and say all to the Magistrate to-morrow; Billy Brian gave me the watch to pawn"—Brian was not there—she said she gave it to Wade to pawn—next morning I found Brian in custody on another charge at the Thames Police—I said he was charged with stealing a watch, and giving it to Moggy Lahy to pawn—he said he had not known such a thing—the ticket was not found to my knowledge—Wade said she had found the ticket after losing it, and had given it to Moggy Lahy.
JOHN KINGSTON. I was with Williams at Fraser's beer-shop—I was quite sober—I saw his watch safe, at exactly half-past eight, inside the door—Brian was there—there was a mob at the door—I saw the guard round Williams's neck just as we came out—he was taken into a house in Elbow-lane—they slammed the door in my face, and cut my cheek—they would not let me in—I told a policeman as he had a watch and money about him—I did not know of anything wrong at that time, only that it was a bad place—Coffee left the beer-shop with us, and kept her arm round his waist on the side the watch was.
Coffee. Q. Did not I ask you in, and you said, "No?" A. You did not—you shut the door in my face.
JURY. Q. Did you see Brian after you left the house? A. He came up to us, and said to Coffee, "Why do not you let the man alone?"—he was close to her—he did not go into the house.
WILLIAM CARPENTER. I am a pawnbroker, at Charles-street, St. George's—I produce a silver watch pawned on 25th Nov. by a young woman named Wade—I saw her at the station—I produce the ticket which I kept.
ROBERT ROACH. I am gaoler at the police-court—Brian was locked up in one cell, and Wade and Lahy in another—they each knew where the other was—I heard Brian say, "Annie, what made you split? Mogg, when you go in, say you got it from some person in the street who you did not know."
Coffee's Defence. Williams walked home with me and asked if I would trust him; he said, "You know where I lodge, come in the morning and I will give you some money;" a policeman came in and asked where his watch was, that was the first I heard of it; I was given in charge; I never saw the watch.
Lahy's Defence. I met the young man, he asked me if I would pawn a watch; I gave it to another young woman; I afterwards pawned it for seventeen shillings, and gave her the money.
GUILTY , and received good characters.
ABRAHAMS. Aged 16.
MILES. Aged 16.
Confined One Month.
368. JOHN CAMPBELL and JAMES SHANDLEY , feloniously assaulting Francis Pignatelli, putting him in fear, and stealing from his person 1 purse, value 1s.; 3 sovereigns; 2 half-sovereigns; and 1 half-doubloon; his property; and beating, striking, and using other personal violence to him.
MR. O'BRIEN conducted the Prosecution.
FRANCIS PIGNATELLI. I keep the Agro and Ship public-house in Wellclose-square—on Monday, 13th Dec., about ten minutes to nine o'clock, the prisoners came—they were together a quarter of an hour, talking—Campbell had a print of ale—he gave the servant, Ellen Noble, half-a-crown—she came to the bar—I saw my mistress give her 2s. 3d. change, and saw her give it to Campbell, who passed it to Shandley—in about five minutes Campbell went into the upper-room, and said, "Here, here, why do not you give me my change?"—Noble said, "I gave it you just now, and you cannot have it twice"—he was cursing and swearing, and said he wanted his change—I thought he was joking, and said, "Don't make such a noise, don't disturb all the room"—he said, "If she don't give me my change I will knock her b----y eye out"—Shandley was sitting close to him—I afterwards went into the bar and gave a Spaniard thirty-one shillings for a half-doubloon, which I put into my purse—Campbell was before the bar—he abused me in an awful manner—he said, "You b----y rogne, I want my change, and if you don't, I will knock your eye out"—I said, "If you do that you shall be repented"—I went out to find a policeman, took my parcel from the bar, and put it in my pocket—Campbell followed me—my coat was off—he said, "Will you give me my
change?"—I said, "Do not make any more noise"—he said, "If you don't give me my change, I will have this," and snatched my purse out of my pocket—I saw it in his hand—I attempted to recover it—I got him down on the ground—I bit his finger while he was down, and Shandley came to take me away—I felt my watch-guard pulled, and shoved him off—Campbell then kicked me—he was on the ground then—my watch remained in my pocket just as it was—Campbell shoved me against Shandley in the mob—I received a dreadful kick in my eye—a man picked Campbell up—Shandley passed something to Campbell—I cannot say what it was—Campbell ran away as fast as he could—I called "Police" and "Stop thief"—the purse contained three sovereigns, two half-sovereigns, and the half-doubloon—I never saw my purse again—it all took about five minutes.
Cross-examined by MR. CHARNOCK. Q. Did you look on the ground to see if the purse was there? A. No—he had it in his hand—I saw my wife give Noble two shillings and threepence, and I saw her give the prisoner some change, I do not know what—I was sober, and so was Campbell—the tap-room was full of people—there were three or four people there when this occurred—they could see all this—there was no dancing inside the tap-room; it was outside the door—I only bit Campbell's finger once—I do not know that the blood on my face came from his finger—I did not call for assistance, because I thought I was man enough to take the purse from him—I swear I saw it—I did not go the Police-office till the next morning—when I went for a policeman I saw M'Key; I did not see Driscoll—I do not know the names of policeman I spoke to when I made the complaint next day—I said I had been badly used, and robbed, and my eye nearly kicked out of my head—my servant was not present—she came there to bring my coat when I made the complaint—she has been with me thirteen or fourteen months—she has never been discharged.
Cross-examined by MR. HORRY. Q. Do you swear you told the police at the station that you had been robbed? A. Yes—when I put my purse in my pocket, it partly hung out—only one of Campbell's hands was round me—I do not know whether they tried to drag me off—I only felt my watch-guard pulled—I did not feel anybody trying to pull me off Campbell.
MR. O'BRIEN. Q. Were you ill in consequence of the injury you received? A. Very ill—I mentioned both the robbery and attack at the station.
ELLEN NOBLE. I am servant to Mr. Pignatelli. On Monday evening I saw both prisoners at the house—Campbell had a pint of sixpenny ale, and gave me half-a-crown—I gave it to my mistress, and she gave me 2s. 3d., which I gave into Campbell's left hand directly—some time afterwards he asked me for the change; I said I had given it him—he laughed—I went to the bar, came back, and he asked me again why I could not give him the money, and said he would knock my b----y eyes into one—I called my master into the room, and afterwards saw him give a gentleman 31s. for a foreign piece, which he put into a purse with beads hanging to it, and put the purse into his left waistcoat pocket—he went out to look for a policeman, and Campbell said if he could not get his money he would have the purse, and snatched it from his waistcoat pocket—I saw it in his hand—my master struggled and caught him—this was just outside the door—my master tried to take it from him—Shandley went behind him and put his hand under his arm—my master got one hand from Campbell, and put it to his watch—Campbell struggled away, and I saw him pass something to Shandley, but I could not see what—they ran away—I saw Campbell kick my master with
the back of his boot when he was on the ground, directly after Shandley had his arm round him—I saw his eye flowing with blood—I went next morning to the police-station.
Cross-examined by MR. CHARNOCK. Q. When you gave Campbell the change, was your master in the bar? A. He was by the bar-door—he could see what I did in the tap-room—he was looking at me—there were a great many people standing about—my master was on the top of Campbell, not on the ground—I saw him bite Campbell's finger—I did not see blood come—I went to the police-station next morning, and saw two men; I do not know their names—I asked one if he would be kind enough to come down, and asked the sergeant to let a policeman come down to my master—I swear that I complained that he had been robbed as well as assaulted—I did not say he had been challenged to fight—I said he had a black eye—I said they had both assaulted, and robbed him—my master and I are not on intimate terms—I have been there thirteen months.
MR. O'BRIEN. Q. Did you see anything in Campbell's hand when your master attempted to bite? A. Yes, my master's purse—my master could not bear Campbell threaten to strike my two eyes into one—I went and told him
WILLIAM HORROLL PEARCE (policeman.) In consequence of information, I took Campbell on Tuesday afternoon—I told him he was charged with stealing a purse and three sovereigns from Mr. Pignatelli—he said he was guilty of the assault, but knew nothing of robbery—I searched him, but found nothing on him—the prosecutor has complained to me about twenty minutes to three that afternoon—I was not present when Shandley gave him-self up—I saw him at the station, and told him I was looking after him concerning the robbery—he said he was as innocent of the robbery as a new-born babe, that he was in the scuffle, and saw Campbell with his hand in Mr. Pignatelli's pocket, but knew nothing more.
Cross-examined by MR. CHARNOCK. Q. Did not Campbell say he never had the change? A. Yes.
Cross-examined by MR. HORRY. Q. What time did Shandley give himself up? A. About half-past ten.
MR. CHARNOCK called.
PEARCE DRISCOLL. I am a policeman, at the Wellclose station. Noble came there the same night, about nine o'clock—there were three of us there, neither of the others are here—she said her master was assaulted by two young men who challenged him out to fight, and that he got assaulted and kicked in the eye—I said, "Here is the constable on the beat"—he went with her—I saw her again next morning—I did not see the prosecutor—I was not there when the prisoners were in charge—the charge was first entered on Tuesday night, the 23rd—Campbell was charged with assault and robbery, and Shandley with being concerned in it.
FREDERICK M'KEY (policeman.) About half-past ten the same night, the prosecutor came and said he had been very ill used, and wanted to know who the parties were that had ill-used him—I advised him to get a warrant—he complained of being kicked, but did not say a word about the robbery—I should say he was perfectly sensible.
Cross-examined. Q. Did you go to the house about half-past ten? A. Yes, with another sergeant, in consequence of a communication made to me—I saw Pignatelli in the bar—his eye was very bad indeed—he told me the man got him down, and while he was down kicked him in the eye—he made
no complaint but of ill-usage—he asked who the parties were—I told him I did not know.
EDWARD ORAM (policeman.) I was with M'Key on Monday night—Pignatelli said he had had a struggle with a party, in consequence of the change of half-a-crown, and the girl said she had given the person the money in the tap-room—he complained that he had been kicked in the eye when he knocked the man down, but did not say one word being robbed or deprived of any property.
Cross-examined. Q. Was anything said about the half-crown? A. He said the man required the change from the servant, which she said she had given him in the tap-room, and that caused the disturbance.
(Campbell received a good character.)
CAMPBELL— GUILTY.— Confined Twelve Months.
SHANDLEY— NOT GUILTY.
369. MARTIN BOWMAN , stealing, at St. Andrew, Holborn, 5 watch-cases, value 25l.; 14 spoons, 6l.; 9 forks, 8l.; 1 sauce-ladle, 10s.; and 1 butter-knife, 5s.; the goods of John Burdett Gibbons, in his dwelling-house: and JAMES TOWNSEND , feloniously harbouring and maintaining him.
MR. LAW conducted the Prosecution.
JANE NEALE. I am in the service of John Gibbons, of 45, Hatton-garden. On Thursday morning, 26th Aug., about seven o'clock, I brought some plate down stairs, and put it on a card-table in the drawing-room on the first floor—I returned about a quarter to ten; it was gone.
JOHN BURDETT GIBBONS. I am a watch manufacturer, 45, Hatton Garden. On 25th Aug., the evening before the robbery, I left town, leaving the plate in charge of Neale—I returned next morning, and found a robbery had been effected—the police-sergeant came about three in the afternoon—I went with him to Mr. Collingridge's, and found this plate (produced) and one watch-case—they are mine—there is not one-fifth of it here—this is worth 15l. at least—it was broken up—it is my dwelling-house, and is in the parish of St. Andrew. Holborn.
Cross-examined by MR. PAYNE. Q. How do you know it? A. This is of a pattern which is very-seldom made—here are three or four odd sorts—they all correspond with what I have—I think there was an initial or crest on some of the forks—I swear to this mustard-spoon—it was broken in this way before it was lost—I could swear to the watch-case, but I have since melted it—it had my number on it.
EDWARD COLLINGRIDGE. I am a refiner, at Wilderness-row, Clerkenwell. On 26th Aug., between nine and ten o'clock in the morning, Bowman came to my shop, and said he had come to sell some silver and gold for his master, Mr. Anderson, of 8, Hatton-garden—he produced spoons, forks, and fork handles, about eight or nine pieces, and a gold case, wrapped up in a handkerchief—I said it was pity his employer had broken it up in that manner—he said he wanted to make up a certain sum, 50l. I think—I weighed the articles, gave him an invoice with the weight and amount, and told him to send his master—I immediately sent one of my workmen to 8, Hatton-garden, who returned again in about twenty minutes—in about three quarters of an hour. Bowman returned with a person who I believe was Townsend, but I am not quite sure—he said his master had given him a good blowing up for not bringing the cash—the other assumed the name of Anderson—I asked if that was Mr. Anderson—he said his name was Anderson—he brought the
invoice forward, and said, "I can't take the price you have offered"—I said, "It is all wrong, I have sent to Hatton-garden, and there is no such person there"—I went into my parlour adjoining (there was only one door between) to call one of my journeymen—when I returned, they both bolted out of the shop, and ran down the road as fast as they could—I went to the door, and sent for a policeman—they were not in sight then—they could get out of sight in a second—I saw them next at Hatton-garden, about three months afterwards.
Cross-examined by MR. PAYNE. Q. Had you ever seen Bowman before he came to you? A. No—he did not remain more than four minutes then, and about three minutes the second time—I am rather short-sighted—the property brought to me was worth about 5l. 14s.—I gave 4s. 11d. the ounce for the silver, and 16s. for the gold—that was 1d. an ounce under the value of the silver—I do not always buy property broken up in this way—Bowman wore a cap, and I suppose a kind of a fustian jacket—I did not look at his dress particularly, I was making out the invoice, and looking at the property, during the four minutes he was there—the man I sent to Hatton-garden is not here.
Cross-examined by MR. O'BRIEN. Q. Did you attend at the police-court when two other persons were taken up and remanded? A. I did.
WILLIAM SEIR (policeman, G 29.) On 1st Dec. I took Bowman, in Charless-street, Hatton-garden—I told him I wanted him—he said, "What for?"—I said, "For a robbery in Hatton-garden"—he said, "How can that be, I have been to America?"—I said, "I believe you have been there, but it was three or four months ago"—he said, "I have been there seven or eight months"—I said, "I must take you to the station"—he said, "What do you want to take me for? I was in company with Mr. Walters last night very near an hour, why did not he take me?"—I suppose he meant one of our constables, as there is a constable of that name—I said, "I do not know, I cannot account for that."
Cross-examined by MR. PAYNE. Q. Had you heard of his going to America? A. Yes, about three months before, and two or three policemen watched the ship which was going off—I do not know whether he did go—you can go there in about thirty days—he said he had been with his uncle, and worked his passage back—I did not know that he had been in Walter's company the night before—Walters is not here.
RICHARD MOSS (policeman, G 195.) On 2nd Dec. I took Townsend into custody, in Peter-street, Saffron-hill—I said I wanted him for being concerned with Bowman in a robbery at Mr. Gibbon's, 45, Hatton-garden, on 26th Aug. last—he said he did not know anything of it, he believed Bowman was gone abroad.
Cross-examined by MR. O'BRIEN. Q. Did you search him? A. Yes—I found some property on him, which was ordered to be given up to his father—I did not know his father till then.
JOHN ARCHER (policeman.) I produce some property which I received from Mr. Collingridge on 26th Aug.—it has been in my custody ever since—there was a gold case, which was given up to Mr. Gibbons in my presence.
Cross-examined by MR. PAYNE. Q. How do you know that? A. Because he was committed for fourteen days for being disorderly, and being found in our surgeon's house.
JOHN PORTER (policeman, G 101.) I saw the two prisoners about the end of Aug. last—I cannot remember the day of the month—it was a little after nine o'clock in the morning, in Brook's-market, which is about 300 yards from Hatton-garden—I am certain of them—there was a female with them—Bowman spoke to me—they separated—Bowman came towards Leather-lane, and Townsend towards Gray's-inn-lane—I heard of the robbery about an hour afterwards—I did not see them again till 14th Dec.
Cross-examined by MR. O'BRIEN. Q. Do you know that Townsend's father lives in Red Lion-street? A. No.
JURY. Q. Did you know both prisoners by sight by seeing them frequently before? A. Yes—I cannot be mistaken in the identity.
SUSAN BALLARD. I am wife of George Ballard, who keeps a broker's shop in Wilderness-row, Clerkenwell, three doors from Mr. Collingridge's. One morning, about the end of Aug., I saw two young men run out of Mr. Collingridge's shop—I saw their side faces as they ran past—I was putting the goods out—I think the prisoners are them, but I cannot swear positively.
JOHN HEARN (examined by MR. PAYNE.) On 26th Aug., about ten o'clock in the morning, I bought some silver articles for 8l. 0s. 3d.—they were spoons of different descriptions broken up—there was nothing resembling these produced—there were some of the King's pattern, but the bowls of spoons always resemble one another—it was not the prisoners who sold it—there were about 33oz. altogether.
MR. GIBBONS re-examined. When I missed my plate, I weighed some spoons and forks, and found that the plate missing was about 33oz.
MR. COLLINGRIDGE re-examined. I am almost positive of Bowman—I cannot swear positively to him.
NEW COURT.—Saturday, December 18th, 1847.
PRESENT—Mr. Ald. FAREBROTHER and Mr. RECORDER.
Before Mr. Recorder and the Fifth Jury.
SAMUEL DOUBTFIRE. I am an apprentice on board the barque Deovshire—it is in the London Docks—on the morning of the 13th Dec. I saw the prisoner on the starboard side of the forecastle, fumbling with his jacket—on going to the forecastle I missed my waistcoat, which had been in my chest five minutes before—I told the mate I had lost it, and he told the prisoner to give it up—he took off his jacket, and there was my waistcoat over his own.
Prisoner. I did not know but it was the cook's; the cook employed me; if I did anything wrong I was very sorry for it. Witness. The prisoner came to take away the cook's clothes—my waistcoat was in a chest, covered over with a hammock—the cook slept near the forecastle door.
THOMAS FILLERY. I was on board the vessel when it came in, late on Sunday evening—I had no chest, and I left my things on board till Monday morning—I knew the prisoner before, and sent him to gather my things and bedding—I went with him—my things were kicking about the forecastle—all the others had got their things away—if I take anything belonging to another
I give it him when we come to rights, if they ask me if I have got it—we do not come there to rob—I gave the prisoner no direction what to bring away—he thought the waistcoat was mine, like many other articles which he did take up—it was my fault to give the man a shilling to earn—he met with this waistcoat and asked if it was mine—I said, "I do'nt know"—he said, "I will put it on, and not open this bed-rug," and he did so—other people have got things belonging to me—I would be very sorry to get a man into trouble—he did not go on board to thieve.
JURY. Q. Did you help to look up the things? A. I did—I did not see him put this waistcoat on—he did it while my back was turned, without my telling him—I said, "If it is mine, take it."—I had one or two there—I had a bit of tea in another person's chest, and a bit of tobacco.
COURT. Q. Was your waistcoat in another person's chest? A. No.
GEORGE BASHFORTH. I am a smith, in Leman-street, Whitechapel. On 5th Dec., between one and two o'clock in the morning I was coming home—I saw the prisoner in Alie-street—she came out of a yard, came up, and asked where I was going—I said, "Home"—she asked me if I would give her something, and said she was hard up—I said I had nothing less than 1s.—she said she would give me 6d. out—I gave her the shilling—we walked on—she never offered to give me the 6d.—I put my hand into my pocket, and three half-crowns were gone—I went on a little further, I then collared her—I saw a man opposite—I called, "Police!"—the policeman shewed a light—the prisoner directly gave me two half-crowns and a shilling, and said that was all she had got belonging to me.
Prisoner. You asked me to come down a court with you, and you would give me a shilling. Witness. No, I did not.
JOHN HENDERSON (policeman, H 174.) I heard the prosecutor ask for a policeman, and heard him say to the prisoner, "That is not all"—the prisoner replied, "That is all of your money that I have got"—he said, "No, you have got another half-crown"—she said she had not—I found nothing more on her.
Prisoner's Defence. What the prosecutor says is false.
GUILTY. Aged 27.— Confined Eighteen Months.
MR. BODKIN conducted the Prosecution.
ELI RICHARDS. I contract with the commissioners of Coal-whippers of the City of London to supply baskets and other gear—I have a floating barge, in which I keep them for the men as they are wanted, and I have a place in Shadwell for the manufacture of those things—I keep a good many men in both places—the prisoner was in my employ some time ago, and then away for a short time, altogether he has been with me about three years—I think he was a coal-whipper in the first instance, and since then, a foreman—his wages, were 26s. a week for the last twelve months—it was his duty to superintend
the men in my employ, to take notes of their labour, and bring to me, once a week, the account of what work each man had done—on his producing the weekly account, I invariably gave him a check for the total amount that was done on the Friday evening in each week—this is the account he brought to me on 12th Nov.—here in an entry in the name of William Triplett—I have a person of that name in my employ—the man who is employed to make new baskets is paid 6d. a basket, and if employed in other work, 3s. 6d. a day—in the return the prisoner distinguishes those who have been employed in making baskets from those of other works—William Triplett is here put down, "Made thirty new baskets and two days"—that was 15s. for the thirty baskets, and 7s. for the two days' work, amounting to 22s.—there is something down to Benjamin Triplett—this check for 14l. 1s. 2d. is what I gave the prisoner on that day—that includes the 15s. for baskets, and two days' work of William Triplett—in the account of 19th Nov. here is, "William Triplett twenty-four new baskets, 12s., and three and a half days' work, 12s. 3d."—it came to 1l. 4s. 3d.—I gave this other check for 16l. 12s. 3d. on that day—on 26th Nov. I received this other account, here is charged here for "William Triplett twenty-six new baskets, 13s., and two days' work, 7s., making 1l."—Benjamin Triplett is down six days' work, 21s.—these sums are included in this check for 14l. 16s. 7d.—on 10th Dec. in the account, here is "William Triplett forty-two baskets, 21s."—that is included in this check for 14l. 16s. 6d., which I gave that day—I had, before I made the discovery, spoken to the prisoner about the weekly charges, and intimated to him my dissatisfaction at the growing expenses—they were increasing—he seemed to say if I did not like it, and spoke in a gruff sort of way—he gave me no satisfaction—I was looking about me, I received a communication from Triplett, and on that I went before the Magistrate.
Cross-examined by MR. BALLANTINE. Q. Is there any claim in any of these accounts made for Cornelius Crawley? A. Not that I know of—Timothy Madigan is put down three days on Nov. 19th, he appears to have received 10s. 6d.—here is the name of Collier and Goggin, or Gagin, here is not Joseph Macarthy—the prisoner had full power to take on men, and employ them, and give me the amount of their work.
MR. BODKIN. Q. He had power to take on extra hands? A. Yes, as many as the work required—the name of the persons he took on, ought to appear in the weekly account—I do not presume any man was employed for me but what he received weekly wages—these papers are the prisoner's writing—he never suggested to me that he employed other persons, and put them down in different names—there are instances in these accounts, where a man or two has been taken on only for a day or two.
WILLIAM TRIPLETT. I am one of the persons employed by Mr. Richards, under the management of the prisoner—he acted as foreman—he took account of the men's time, and paid them—for some reason I took a note in the month of Nov. of what he paid me each week (referring to it)—what I earned on the week ending 12th Nov., was 15s. for thirty baskets—I received that—I did not receive for two days' work that week, nor did I earn it, all I earned was 15s.—on 19th Nov. I had earned 17s. 9d., for eighteen baskets, and two and a half days' work—that was all I earned that week, and all I received from the prisoner—on 26th Nov. I had made twenty-six baskets, and worked one day and a half, which came to 18s. 3d.—that was the total I had earned, and all I received—on 10th Dec. I had earned 20s., for forty baskets—on 26th Nov. my brother Benjamin received 14s., for four days'
work—I remember the prisoner being taken on this charge—he told me, in case the governor should come down, or the clerk, to say nothing; that I did not know what I had earned myself—I think that was on 13th Nov.—he told me that by myself once, and then he came into the shop amongst all the men, and said, in case the governor came down, or the clerk, and asked any questions, they were to know nothing about the money they earned—he paid me the money that was due to me—he did not keep any book, he used to take the money out of his pocket, and ask what was due, and pay me—he did not put it down, he sometimes scratched it down on the table, where nobody could see it.
JURY. Q. Did you make a memorandum directly, or when you went home? A. As soon as I went home I used to set it down.
Cross-examined. Q. Did you pay the whole of the checks? A. Yes, deducting not one farthing.
MR. BALLANTINE called
JOSEPH M'CARTHY. I am a coal-weigher and coal-dealer, and a qualified man in other branches, in working at carpenter's business, and other things—I have been employed by the prisoner now and then, when I was at liberty—I have worked for him many times before 12th Nov.—I have never kept account till the last two days' work I did, which were on 15th and 16th Nov.—he paid me 7s. for those two days—I have done three hours' work since that, on last Saturday—I worked for him at different times on former occasions—I think the last time was about a week before 15th Nov.—he paid me 3s. 6d. for that.
CORNELIUS CRAWLEY. I am a coal-whipper. I have been employed by the prisoner—the last time was last Friday week—I do not know whether I was employed by him in Nov.—I worked one day for him—I cannot tell when—he paid me 3s. 6d.
Prisoner. William Triplett knows that Timothy Madigan and other men were employed.
(Laurence Lawson, Dennis M'Carthy, a licensed victualler; and James Thompson, a licensed victualler; gave the prisoner a good character.)
GUILTY. Aged 34.— Judgment Respited.
MR. PRENDERGAST conducted the Prosecution.
going to my lodging—I passed by the Swedish Flag—the prisoner came and struck me on the eye, and knocked me down—he took my jacket, which I had on at the time—I was trying to get up, and was standing on my knees when it was pulled off—the prisoner ran into the Swedish Flag—I did not see him afterwards.
Cross-examined by MR. BALLANTINE. Q. Did this one person get the jacket off your back without any assistance? A. Yes—I could do nothing at all—I had not my eye blacked—I did not lose my senses—I was not with Brown—I lodge with him—I did lodge with Stockman—I did not run away without paying him—I did not pay him what I owed him—I was there eighteen days—I went away the night that my jacket was taken—I went with Brown and two policemen to find it—I went to Stockman's—I did not charge him with stealing it, nor did Brown in my presence; but I do not understand English—I had no row that night—I went before the Magistrate the next day—Brown told me to do so—Brown was here this morning, and was takes sick, and is gone.
CORNELIUS FOAY (police-sergeant, H 20.) On Thursday evening, 2nd Dec., about half-past eight o'clock, I heard a cry of, "Stop thief!" and saw the prisoner running in Denmark street, about three minutes' walk from the Swedish Flag—he had nothing in his hand—I stopped him, and asked what was the matter—he said they wanted to stab him with a knife—several persons came up and said he had stolen a jacket—I took him to the station—the prosecutor and Brown came there, and charged him with stealing it—I have not seen the jacket since—I have searched at the pawnbrokers.'
COURT. Q. Was the prosecutor's dress soiled at all? A. No—it was a dry evening—his dress would have been soiled if he had been knocked down in that neighbourhood.
MR. PRENDERGAST. Q. Did he complain of being ill-used? A. I could not understand a word he said, only by the interpreter—he said he had been struck—I looked in his face—there appeared no mark of violence—I could not see that he had been struck—he had no jacket on—he was in his waistcoat, trowsers, and shirt-sleeves—he had a cap on—the prisoner understands English a little—he heard the interpreter give an explanation of what had occurred to the prosecutor, and he said he knew nothing about it—I could not find any reason for his running away.
MR. BALLANTINE. Q. At all events he had no knife? A. No—I saw Brown—he had no knife—I believe Brown was in chase of the prisoner—I did not see the prosecutor at that time—the interpreter appeared to take an active part in the matter.
COURT to JAMES MORRIS (the interpreter). When did you first hear of this? A. I was at home when the prosecutor came home crying that he had lost his jacket—it was about six o'clock—I went with him to try to find the man—I did not know the prisoner before—the prosecutor called him Napoleon.
Cross-examined. Q. You were at the Swedish Flag? A. Yes—there was a row, but I was not in it—I did not threaten to stab Napoleon, nor did any one in my presence—I did not see Brown with a knife—I saw him lying down on a seat, and half-a-dozen upon him—he sung out for a policeman, and said he had lost his watch—I went with Brown to Stockman's about seven o'clock—I did not charge Stockman with stealing the jacket—Brown asked the mistress where the jacket was, and where Stockman was—that was in the prosecutor's presence, and he had two policemen with him.
MR. PRENDERGAST. Q. Who said that Stockman stole the jacket? A.
Brown said Stockman, or one of Stockman's set, had stolen it from the prosecutor—the lodging-house I went to is where the prisoner lives.
AUGUST LINGREEN re-examined. I did not know the prisoner before I came to Mr. Stockman's—he was there all the time I was—I lodged at Brown's when I lost my jacket—I had been there two weeks—I had lodged at Stockman's before that.
374. HORATIO NELSON WEST, alias John Luke Craven, alias John Perry , unlawfully uttering certain paper writings purporting to be scrip certificates of the London and South-western Railway Company, with intent to defraud the said Company; to which he pleaded
GUILTY. Aged 18.— Confined Three Months.
(See vol. 26, p. 308.)
Before Mr. Recorder.
GUILTY. Aged 18.— Confined Two Years.
Before Mr. Common Serjeant.
SUSAN ELLIS. I keep an oyster-shop at Stratford, in Essex. On 2nd Dec., about five o'clock, I was in my shop—I was busy—the prisoner came in with two more lads, and went into an inner room—I called my sister—she went into that room to wait on them—they were coming out—they got to the step of the door—my sister called to me, "Stop those lads! they have got something!"—I put my hand on the prisoner's shoulder—they dropped my till between them—they were then about a yard and a half or two yards from my door—three penny pieces were picked up, one halfpenny, and six farthings—the prisoner got away, but was fetched back; he said, "It was not me; it was Munt."
Prisoner. I did not say who it was.
MARY ELLIS. I am sister of the prosecutrix—I was inside the shop—she was outside, selling oysters—the prisoner and two other boys came in—they then went out of the room, and I saw the till under one of their arms—I did not see it drop—the prisoner was taken—one of the others had three days, and was whipped.
Prisoner Defence. Munt said he was going to buy a halfpennyworth of suckers; I said, "No; have a pie;" we came out; he said, "I have got something;" it dropped, and I ran, and was brought back.
GUILTY. Aged 16.— Confined Four Months.
Before Edward Bullock, Esq.
GEORGE BROWN. I am a soldier. On 18th Oct. I was at Spencer's booth, at Charlton Fair—I called for two glasses of rum-and-water—the prisoner was the waiter—I gave him a sixpence, and fourpence in copper—he said, "It is 1s. 4d."—I said "What! for two glasses of rum-and-water?"—he said, "Yes"—I took the sixpence back, and took out from my purse what I considered to be a shilling by the feel, but I believe it was a sovereign—I gave it to him—about two minutes afterwards, the waiter came and said a man had lost a sovereign just now—I knew I had got a sovereign in my pocket—I examined my purse, and missed it—I only had one sovereign and 7s. 6d. in silver when I went into the booth—I had seen it safe not half as hour previously—when I missed it, I still had 7s. 6d. left—my wife had some coppers—I asked the prisoner if he was sure it was one of our men who had lost the sovereign—he said, "Yes"—I asked him to show me the man—he could not find him—he afterwards tapped a civilian on the shoulder, and asked him if he had lost a sovereign and found it again—he said, "Yes, I did"—I said, "That is not one of our men; be kind enough to get me a candle"—he told me to go to Mr. Spencer, who kept the booth, and get one myself—I did not get one then—I went to another booth, where I had taken a shilling out of my purse at four o'clock in the afternoon—I called for a pint of porter, and looked under the table where I had been sitting in that booth, about two hours before, but could not find it—there were not many people in the fair; but a shower came on, and we went there for shelter—I went back to Spencer's booth, got a candle, and looked under the table—a man of our corps said, "What are you looking for?"—I said, "I have missed a sovereign"—he said, "I saw you pass a sovereign to the waiter, and he took it up"—I got a policeman, and charged the prisoner.
Prisoner. Q. Did you accuse Casseltine of taking it? A. No; you did ask my wife if she saw what passed—she said, "No."
JOHN FAIRBAIRN. On 18th Oct., about six o'clock in the evening, I was in the booth—Brown placed sixpence on the table to pay for some liquor—he found it was not sufficient, and shoved a sovereign and fourpence in copper over to the prisoner, by where I was sitting—I saw the prisoner give him some change—it was candle-light—there was a good light there—I was a stranger to Brown—I did not like to mention it to him at the time,
Prisoner. Q. The first time you spoke to me was at the bottom of the room, standing up in a dance? A. Yes; I told you you had the money, I said I saw you get it, and advised you to give it up—you would not speak to me, but walked away.
WILLIAM CROOK (policeman, R 108.) On 18th Oct., between six and seven o'clock, I was fetched to the booth—Brown told me he had paid a sovereign in mistake—the prisoner was present—Brown charged him with having it—be denied it—I asked what money he had—he said 5s. and a few coppers—I asked him to let me see, searched, and found 5s. and some coppers in his waistcoat-pocket—I asked two or three times if he had any more money with him—he said, "No"—I said I should like to see if he had anything in his fob—he said he had nothing there—I said I did not choose to abide by what he said, and he drew a purse out of his fob—I asked what money he said in it—he stood hesitating some time, and then said, "7l. 10s. in gold, and some silver"—I found nine half-sovereigns, two sovereign, and some silver.
Prisoner. Q. I did not refuse to take it out of my fob? A. You placed your hand upon your fob.
Prisoner's Defence. The silver and copper was mine; it was given to me at the Fair by my master, Mr. Muntz, that I might not meddle with my own money; my master was bail for me at the police-court: I wish the man who was first charged to be called.
GEORGE CASSTEDINE. I am a labourer—I was present on this occasion—between six and seven in the evening I saw the prisoner looking under the seats with a light for a sovereign for some considerable time—as I passed him, he discontinued the search—I said, "Did you find the sovereign?"—he said, "No"—I said, "Were you the person who fetched the rum and water?"——he said, "No"—I said, "You bad better come to the gentleman who has given a sovereign in mistake for a shilling"—I took him—Brown said, "I gave you a sovereign for a shilling"—the prisoner said, "You did not, I have got what Mr. Stone gave me to wait with"—the policeman said, "Have You any more money on you?"—he made no reply—the policeman felt in his pocket and found some—he insisted on seeing what the prisoner had—he pulled out something like a bag tied with two strings, and rolled up in a newspaper—the contents were placed on the table—there were sovereigns, half-sovereigns, and silver—I was not there when the prisoner asked for payment of the liquor—I was not charged with taking the sovereign.
Prisoner. Q. Did not you say a sovereign was lost and was found by a sweep? A. I saw a woman pick a sovereign up at the bottom of the booth the same evening. and give it to a sweep.
(The prisoner received a good character.)
GUILTY. Aged 21.— confined Two Years.
Before Mr. common Serjeant.
GUILTY. Aged 21.— Confined Nine Months
GUILTY.— confined Four Months
MR. PAYANE conducted the Prosecution
GEORGE HUNT (policeman, R 65.) On Saturday night, 27th Nov., about twelve o'clock, I was on duty at Mottingham, in Kent, and saw the prisoner and one Williams in a field, near the Porcupine-inn, coming towards the stable where they slept—I got the assistance of another officer, and knocked at the stable door about two o'clock on the Sunday morning—the prisoner opened it—I asked what he had done in coming across the field that night—he said, "What field?"—I said he knew what field—he was making his way off—I told him to stop. and not to go away—Sole went in, and I took the prisoner in, and found on the corn-bin, the carcass of a lamb, skinned, and the head off—it was quite warm, as if lately killed—no one else was in the stable—the field I had seen the prisoner coming over is between the stable and the field where the lambs were kept—he was coming in a direction from
where the lambs were kept—it was rather round from the field, but if he had come the other way he must have come past the farm.
Prisoner. Q. Had I anything with me? A. I cannot say that you had—you went to the stable—you were dressed when I went.
Prisoner. A man that sleeps on straw would not take his clothes off.
GEORGE SOLE. (police-sergeant R 41.) About three o'clock on that Sunday morning, I went to the stable with Hunt—I saw the prisoner open the door—I went by him, looked in, and saw the carcase of a lamb on the corn-bin—I put my hand on it, found was warm—I said, "Hold tight, he has got a sheep"—I took from his pocket this knife, it was bloody, and had some flesh on it—I asked him how he accounted for the sheep being there—he did not answer—I took a piece of flesh from the heel of his boot—there was blood on his boot and inside the leg of his trowsers—I took him to the station, went back, went to a dung-hill about three yards from the stable, and found some loose dung—I moved it and found the entrails of a lamb, quite warm—I traced steps from one field to the other for a quarter of a mile in the direction of William's—I found a piece of newly dug ground—I moved it, and found a grafting-tool and a spade—I got a man to dig, and I found the skin of a lamb—I found a quantity of blood behind a hay-rick, near the stable, apparently where the lamb had been killed.
THOMAS SMITH. I am a farmer and cattle salesman, at Bromley. At the station-house at Lee I saw the skin of a lamb which had been in my care—I saw the carcass, I matched the joints with the skin, and am able to say it was the skin of the lamb found in the stable—it exactly matched it, and there was a mark of an anchor on the left shoulder of the skin.
Prisoner's Defence. I have no knowledge how the lamb came in the stable; I only went in to lie down.
GUILTY. Aged 25.— Transported for Seven Years.
Before Edward Bullock, Esq.
GEORGE DAVIS. I am shopman to my brother, James Davis, of Obelisk-buildings, Waterloo-road—on 26th Nov., about seven o'clock in the evening, I was in the parlour—the prisoner came into the shop, took a pair of boots from the stand and ran away—I ran after him—he threw them under a gateway, and said, "There are your boots, down there"—two other boys picked them up, and two men ran away with them—I have not seen the boots since—they were my brother's—I caught the prisoner—I am sure of him—I did not lose sight of him.
former conviction—(read—Convicted Feb., 1847,confined three months)—I was present at the trial—he is the person.
GUILTY. aged 11.— Confined Six Months.
GUILTY. aged 21.— Confined Four Months.
GUILTY. aged 29.— Judgment Respited.
Before Mr. Boron Rolfe.
MR. HORRY conducted the Prosecution.
GUILTY. aged 15.— Recommended to mercy. — Confined Two Years.
MR. PAYNE conducted the Prosecution.
GUILTY of Manslaughter. aged 20.— Confined One Year.
Before Mr. Common Serjeant.
GUILTY. Aged 56.— Confined Six Month.
GUILTY. Aged 50.— Confined Six Months.
389. THOMAS SIMPSON and MARY ANN SIMPSON , stealing 1 tea-pot, value 14l.; 1 milk ewer, 4l. 10s.; 13 knives, 2l. 10s.; 52 froks, 36l.; 1 ladle,1l.; 21 spoons, 14l.; 1 fish slice, 2l. 10s.; and other articles, value 26l.; the goods of John Edwards; in his dwelling-house; Thomas Simpson having been before convicted.
MR. PARRY conducted the Prosecution.
JOHN EDWARDS. I am a merchant, and live at camber-well-green—the female prisoner was in my service for eight months, in the name of Mary Ann Taylor—she left me in may. on Sunday,31st Oct., at half-past six o'clock in the evening, I accompanied my wife and mother to Church—I returned about half-past eight, and found my house in confusion-the police had been called in—I found that a vast quantity of plate had been taken away from the bedroom—a tea-pot, a seal, a brooch, and some rings were lost—the value of the whole was 123l.
LUCY ELGAR. I am servant to Mr. Edwards, and have the care of his plate—I had seen it all safe on Saturday—I left for church on Sunday evening, 31st Oct., from half-past six to seven o'clock—I returned about half-past nine—when I left I am certain I closed the outer door.
ANNIE ELIZABETH EDWARDS. I am the prosecutor's daughter. On Sunday evening,31st Oct., I was left at home with the nurse and my brother, who is a little boy—I was part of the time done in the kitchen—I came up
stairs from the kitchen about half-past seven o'clock, and the hall door was partly open—I went up stairs to my mamma's bedroom—the plate drawer was wide open, and only a little of the plate left at the back part of the drawer.
FRANCES TOMLIN. I am the wife of Thomas Tomlin—we have part of a house, at 82, Friar-street, Blackfriars-road—the female prisoner came to me for a furnished room, at the beginning of Oct.—she said her husband was an artist, and she had not been long from the country—that her husband was sometimes eight or nine months out of work, but she always had something to make money of—I let her a room, and she and her husband, the male prisoner, came and occupied it on the Monday following. On the 1st Nov. the lodger up stairs spoke to me, and I went into the prisoner's room while they were absent—in the bed I saw the model of a little silver cow—I replaced it—the next morning I went again into the room, in the absence of the prisoners, and saw in a box, a silver tea-pot, a silver cream ewer, and a great quantity of rings, besides other property—this is the tea-pot—I communicated with my husband, and he went for a policeman—the prisoners came home while he was gone—they went up stairs—the man then came down to my parlour door, and said, "You have been in my room"—I said, "I have"—he said, "How dare you go there?"—I said, "I have a right to go"—he went into the yard and began to pull the water-butt about—I said, "Good gracious man, what are you about?"—he said, "I have something here"—he pulled the butt away, and took away a great quantity of knives, but how many I cannot say—he went up stairs, and put the cream ewer and the rings into his pocket, and the other plate he put into a carpet bag—the female said, "The policeman is coming"—he said, "I will go and face any policeman; I am not afraid"—he went off, and the woman too, while I was in the room—he left the tea-pot in the box—the policeman came in about three minutes.
WILLIAM TERRY , (police-sergeant, M.) On the 2nd Nov. I went to Tomlin's—the prisoners were not there—I searched the room and found this tea-pot in the box—I went to Kidderminster, and with the assistance of Mr. Peter, the inspector there, I found the prisoners.
JOHN PETERS. I am inspector of the police at Kidderminster—I have known the female prisoner many years—she is a native of that town—I apprehended her and the male prisoner in bed together, on 12th Nov.—I received a ring next morning from the chambermaid, and some other property from the female's mother—it consists of rings, a brooch, a silver knife, and a pair of earrings—the only remark that was made, was made by the man when I told him the charge—he said, "I suppose we shall get sent over the water.
CHARLES ROBINSON BROMLEY. I am principal turnkey of the House of Correction, at Liverpool—I produce a certificate of Thomas Simpson's former conviction, at Liverpool, in the name of John Scott—(read—Convicted May, 1844, and confined one month, one week solitary)—I was present at the trial—he is the man.
THOMAS SIMPSON— GUILTY. Aged 21.— Transported for Ten Years.
MARY ANN SIMPSON— GUILTY. Aged 21.— Confined One Year.
390. JAMES SMITH , stealing 1 bed-gown, value 1s. 6d.; 1 shift 1s. 6d.; and 1 shirt, 2s.; the goods of William Skate: also, 60 yards of netting, 2l.; the goods of Robert Bachelor; to both of which he pleaded
391. JAMES SMITH was again indicted for stealing 4 shifts, value 4s.; 1 table-cloth, 10s.; and 3 sheets, 15s.; the goods of Jane Sheraton; and PHŒBE ROLT , feloniously receiving 2 shifts, part of the same; to which
SMITH pleaded GUILTY. Aged 21.— Transported for Seven Years.
JANE SHERATON. I am a widow—I live in Albany-place, Old Kent-road. On Tuesday evening, 30th Nov., I had some clothes hanging out in my garden—amongst them were four shifts, three shirts, and other things—I lost them—I have examined those which are in the officer's hand—they are mine—I saw them safe about seven o'clock that evening—they were gone about half-past seven.
JAMES COLDMAN (policeman, M 159.) On the Thursday morning I met Smith's sister—she took me to Russell-street, where she said there was a quantity of wet linen by the side of her brother's bed—I went, and found these articles there—I took them to the station—I found Smith was in custody for it.
WILLIAM LKADAM (City policeman, 556.) At half-past seven o'clock, on the evening of the 30th Nov., I was at the foot of London-bridge—I met the two prisoners—Rolt had something bulky—I asked what she had got—she said, "I am a cap maker, I have got some work"—I found on her a bundle of wet linen—there was a shirt, a bed-gown, and two shifts, which the prosecutrix has identified—Rolt told me she worked at a cap-maker's in the Minories; it was linen she was going to take home to mend—I took her to the station—she then said the male prisoner (who had run away) had given her 1s. to mend them.
ROLT— GUILTY. Aged 18— Confined One Year.
(There was another indictment against Rolt)
PATRICK CURRAN. I am a hatter, and live in Great Suffolk-street—the prisoner was my journeyman—I missed four hats on Friday, 3rd Dec.—I went to the prisoner's lodging with a policeman, and gave the prisoner in charge of stealing the hats—these are mine (produce.)
Prisoner. Q. Was it not my apron? A. No, it was hats—I saw some drab hats in your pocket.
Prisoner's Defence. There are five beds in the room, and all journeymen hatters slept in the room.
GUILTY. Aged 48.—Recommended to mercy. — Confined Two Months.
JOSEPH WILLIAM PARKS. I live in Kent-street, Borough—the prisoner was in my service. On 20th Nov. I sent him to Mr. Smith, of Lambeth-walk, for some iron—I gave him two half-crowns and 13 shillings—he did not return—I afterwards has him taken—I said, "What have you to say in answer to this charge?"—he said, "I did not do it with intent to steal, you can't lock me up"—I fetched a policeman, and took him to the station—I found on him 4s. 10 1/2d.
Prisoner's Defence. I met with two young men; I got drinking; I lost part of the money; I had part of it about me when I was taken.
GUILTY. Aged 20.— Confined Three Months.
JOHN JOHNS. I live with my mother, at Wandsworth. On 26th Nov. I saw Hoare take a half-quartern loaf out of a baker's barrow—he ran a long way—I did not see what he did with it—Beazly was about three yards and a quarter away from him when he took the loaf—he walked down after him.
Hoare. Q. Did you see me with the loaf? A. Yes, you put it under your coat.
Hoare. I know nothing of it.
BEAZLY— NOT GUILTY.
HENRY WEST. I am horsekeeper at the Falcon, at Kingston. About nine o'clock that night the prosecutor told me to put a cloth on his horse—I then saw a cloak in the chaise—I doubled it up, and laid it on the cushion—when I came back with the cloth it was gone.
JAMES STEDMAN (policeman, V 217.) At half-past nine o'clock that night I saw the two prisoners by the side of the Falcon—in minute afterwards the ostler called me, and said he had lost a cloak—I followed the prisoners—they turned into a private road—I saw Hoare throw something away—I took him—he dropped two capes and some other things—I went with the serjeant, and found this cloak against the place where I saw Hoare throw something.
Hoare. I knew nothing of the cloak till it was brought up to the Court; they took the handkerchief off my neck. Witness. Five silk handkerchiefs were found on him—I took one or two off his neck—some were in his trowsers, and some in different pockets, and several other things—one handker-
THOMAS DALY (police-sergeant, V 33.) I produce a certificate of Hoare's former conviction at this Court—(read—Convicted 26th Oct., 1846, (having been before convicted,) and confined one year)—he is the person.
HOARE— GUILTY. Aged 18.— Transported for Seven Years.
FLEMMING— GUILTY. Aged 13.— Confined One Year.
GUILTY. Aged 17.— Confined Three Months.
JOHN JAMES SHARPLIN. I am a waterman, at Putney. I have known the prisoner from his childhood—on 1st Dec., about eleven o'clock in the morning, I employed him to do my work—I gave him six sovereigns and the other money stated, to pay Mr. Philips—he was to take a butter flat, and bring butter back—he did not come back.
SUSANNAH BENNETT. I am the wife of Charles Bennett, of 4, Newgate-street. Mr. Phillips is landlord of the premises—we occupy the upper part—the prisoner came there about six o'clock in the evening with an empty butter flat for Mr. Phillips—I asked if he had anything more to leave—he said, "No"—he gave me no money.
Prisoner's Defence. I was to have brought the flat of butter back, but Mr. Phillips was from home—in going home I fell in with a young woman, who took me home, and picked my pockets of all the money, and 5s. more which I had in my pocket—I met a policeman, who told me to go to the station.
JOHN NEWTON HICKS. I assist my father, Newton Treen Hicks. The prisoner was at our house on Friday night, 10th Dec.—I was told that he had a pot of ours—I went and took it from under his coat, and asked what he wanted with it—he said he did not know—this now produced is it
GUILTY. Aged 57.— Confined Nine Months.
(There were two other indictments against the prisoner.)
MARK WEBSTER. I am toll-collector to the Vauxhall-bridge Company. I have lost some lead from the toll-house—I have seen some produced by the officer, and compared it with the lead on the toll-house—I am positive it is part of what was taken from there—it is the Company's property.
RICHARD ARTHUR (policeman, L 27.) On Wednesday evening, about half-past six o'clock, I saw the prisoner and another, lurking about the toll-house—they walked to High-street, Vauxhall, and returned—they went to the back of the premises—the other one stood on the step of the door—the prisoner got on the roof, and commenced pulling the lead about—the other gave him a signal—he came down, and they walked down to the water-works, came back again, and the prisoner got on the roof—I could hear him pulling the lead about, and making a noise—I rushed out, and the other one ran away—the prisoner dropped something, and laid down in the gutter—I took him, and found this lead on the roof, with these pincers—all the nails were drawn.
Prisoner's Defense. I fell in with a friend who I had not seen for a long time; he asked me to have something to drink; we went, and stopped in a house two or three hours, that made us rather foolish; as we came home, I got on this place; some man said, "Come down!" I was coming down, and fell on my back; I was steamed, and when I came to my senses the police-man had me.
GUILTY. Aged 18.— confined Nine Months.
Before Mr. Recorder.
GUILTY. Aged 33.— Confined Three Months.
JAMES ABRAHAMS. I am a butcher, in New-street, Southwark—the Prisoner was in my service. On 7th Nov. I put four 5l. notes, and 80l. in gold, in a canvas bag, and placed it under the mattress of the bed—I found the prisoner was spending a great deal of money—I missed four sovereigns from the bag, and charged her with stealing them—she denied it—I sent for a policeman—the prisoner then said she had not taken four, but only one, and if I
would not give her in charge, she would give me the change—she ran up stairs and brought down 13s.
CHARLES JACKSON LEWIS (policeman M 76.) I was called, and the prisoner was charged with stealing four sovereigns—she said she had taken one sovereign last Sunday—I went up stairs and searched her box—I found these new articles—she had given the prosecutor 13s. and this pair of clogs.
(The prisoner received a good character.)
GUILTY. Aged 16.—Recommended to mercy by the Jury.
Confined Two Months.
402. JANE MARSHALL , stealing 1 knife, value 1s. 6d.; the goods of Caroline Warner: 1 veil, 16s.; 1 collar, 5s.; and 1 shillings; the property of Georgiana Houston, her mistress: having been before convicted.
GEORGIANA HOUSTON. I live in Blackfriars-road—the prisoner was in my service—on Tuesday evening, 7th Dec., I thought it necessary to mark my money—I put it in my purse in the pocket of my dress, and hung my dress behind the door—next morning I went down to breakfast—I returned to my room in about an hour, and then missed 1s.—I accused the prisoner of taking it—she denied it—I asked her if she would object to my looking at her money—she said it was down stairs in the kitchen—I sent Collins for it, and she brought me a drawer—I had a purse given me, and in it was the shilling I had marked—I missed my veil out of the drawer in my bed-room, and my collar—these are them.
Prisoner. I did not take the veil with the intention of stealing it; I went for some blonde, and they gave me 6s. 4d. out of a half-sovereign.
Prisoner. Q. Did I take it out of the box? A. Yes.
LUCY COLLINS re-examined. The prisoner took the veil and collar from a shelf in the kitchen, and gave them to me—I gave them to the policeman—the prisoner said, "It is Miss Houston's veil; I did not intend to steal it, but to wear it, and the collar as well."
Prisoner. I got the shilling in change; I leave myself to the mercy of the Court: I have no home.
GUILTY. Aged 22.— Confined Eighteen Months.
THOMAS COLES. I am pot boy to Margaret Joyce, who keeps a public-house in Upper Ground-street. I received information on 11th Dec., and missed this pewter pot—I know it is Margaret Joyce's—we never send these sport of pots out—this must have been taken out of the house.
Prisoner. Q. Did you ever see me in your house? A. Yes, many times.
found this pot under the bolster, and these other two pint pots in his jacket under the bolster.
Prisoner's Defence. I had a person sleeping with me; he got up, and said, "I have taken your jacket, and put some property in it, and placed it under the pillow; I will return and take it away;" he went down, and two officers came and found the pots; the officer asked the description of the man who slept with me; I told him; he said, "It is a very bad job, but you are regularly sold; I do not know where the public-house is; the man who slept with me and the policeman have laid the plot."
COURT. Q. Did he own the jacket? A. Yes; he wanted me to let him put it on.
GUILTY. Aged 27.— Confined One Year.
(There were two other indictments against the prisoner.)
MR. BALLANTINE conducted the prosecution.
BARTHOLOMEW THOMPSON. I am a tanner at Alnwick, in Northumberland, which is thirty miles from the bordesr—Lamberton-toll is supposed to divide the countries—it is outside the boundary of the borders—when you are through Lamberton-toll you are in Scotland—I do not know whether there is a house on the other side of Lamberton-toll at which marriages are solemnized—I was only in one house where the toll place is—that was at Lamberton-toll, in Scotland—I was married there myself fifteen years ago—it is a regular custom for persons to be married there—I dare say I know 100 who have been married there—I know the forms that are gone through, perfectly well—I had a sister named Elizabeth, who was married there on 8th Aug., 1836—I was present—she was married by Edward Gray, to the prisoner—I had never seen Mr. Gray before—I and Mary Purvis were the Witnesses—they were married in the same way as other persons—I was never present at any marriage there but the prisoner's and my own—the ceremony was the same as in the church—the prayer-book was had down, and the marriage service road—the whole of it—their hands were joined, and the ring used—the prisoner lived with my sister seven years—she had three children when he left her, four years ago, and she was then pregnant—I saw her alive last Saturday—I am quite certain that they were married at the usual place where marriages are celebrated in that part of Scotland.
Cross-examined by MR. ROBINSON. Q. Will you undertake to swear you heard the service recited from the Prayer-book? A. Yes—it was in the toll-house—the toll-bar is at the end of the house, on the Scotland side.
COURT. Q. Do you know the dividing line? A. Yes, I asked one of the men, and he told me that it came up to the bar—I know that that spot is, by reputation, in Scotland.
MR. ROBINSON. Q. You know it because you asked somebody? A. Yes, one of the freeman of Berwick told me so—not the man that lived in the house—I cannot tell what the prisoner's age was at the time he was married—he
was very young—letters have passed between my sister and him since—I do not live with her—they lived in Alnwick when he left her—I have never put any letter into the post for him, from my sister.
MR. BALLANTINE. Q. Lamberton-toll is just beyond Berwick? A. Yes, three miles north.
JURY. Q. Is there any boundary-stone to denote the division, the same as in England? A. Yes, there are boundary-stone—there is not a boundary-stone standing at the gable-end, but one of the freemen told me the boundary came to the gable-end of the house.
COURT. Q. Where did the parties go from, to go to Lamberton-toll? A. From Alnwick; they went purposely to get out of England—they were not there an hour, and then returned to Berwick, and lived there as man and wife.
CHARLES JACKSON LEWIS (policeman, M 76.) I produce a copy of aregister—I examined it with a little book, which was produced by Mrs. Gray—Mr. Gray has been dead about two years—I took the prisoner into custody at Southwark—I told him he was charged with bigamy—he said he was not married to the female he had been living with in Alnwick, but he was to Philpot.
COURT. Q. Did you know that he had lived with a person as his wife? A. He said he had had correspondence with a person in Northumberland—I asked if there was any family—he said there was, but it was well done by, and would never trouble us—I asked him if he had been married, and he said, "No".
Cross-examined. Q. I believe the correspondence has been going on since? A. He was going to write one letter about two months after we were married—I knew her name after we were married.
CHARLES JACKSON LEWIS re-examined. I produce a copy of the register of marriages at St. John's, Southwark—I examined it with the book—it is a correct copy—(read—"John Redpath, bachelor, and Sarah Ann Philpot, spinster, married by banns on 24th Nov., 1845.")
The COURT was of opinion that there was not sufficient evidence as to the validity of the first marriage, and directed the Jury to find a cerdict of