CENTRAL CRIMINAL COURT.
TENTH SESSION, HELD AUGUST 21ST, 1848.
MINUTES OF EVIDENCE,
Taken in Short-hand
33, Southampton-street, Strand.
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, August 21st, 1848, and following Days.
Before Sir Thomas Joshua Platt, Knt., one of the Barons of Her Majesty's Court of Exchequer: Charles Farebrother, Esq.; Sir John Pirie, Bart.; Michael Gibbs, Esq.; and John Johnson, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, M. P., Recorder of the said City: Thomas Farncomb, Esq.; William Hunter, Esq.; Thomas Challis, Esq.; Thomas Quested Finnis, Esq.; and William Lawrence, Esq.; Aldermen 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.
THOMAS FRANCE, Esq., and DAVID WILLIAMS WIRE, Esq., Under-Sheriffs.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
HOOPER, MAYOR. TENTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelisk (†) that they arc known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, August 21st, 1848.
PRESENT—Mr. Ald. FAREBROTHER; Sir JOHN PIRIE, Bart., Ald.; Mr. Ald. GIBBS; Mr. RECORDER; and Mr. Ald. FINNIS.
Before Mr. Recorder and the First Jury.
GUILTY . Aged 35.— Confined One Month .
MR. VINCENT, of the Queen's Remembrancer's Office, stated that the defendant had been employed in that office for three years, at a salary of 100l. a year, and had been dismissed in consequence of this offence.
GUILTY , Aged 19, and received a good character.— Confined Six Months.
THOMAS POTTER . On 18th July, between ten and twelve o'clock, I was in Long-lane, Smithfield. I missed my handkerchief—I saw the prisoner pass from me up a court—I went after him, took it out of his pocket, and gave him in charge.
Prisoner. I picked it up off the pavement; I did not take it from him; I gave it up directly. Witness. He did not—I had some trouble to get it from his pocket—he was passing close to me when I missed it, and had his hand in his pocket—I had felt the handkerchief safe several minutes before, for two suspicious-looking men had been following me—I cannot say that he was one of them.
GUILTY . Aged 23.— Confined Six Months.
Parr's Head, in Aldersgate-street. On the evening of 9th Aug., I was in the bar-parlour—the prisoner came in and had a pennyworth of gin—he took the newspaper and laid it across an ale-glass, and then put the glass into his pocket—I went round and said, "Take that glass out of your pocket "—he said, "Yes, I will ma'am, I took it to show you how you might be robbed"—I called my husband, and held the glass in the prisoner's pocket till my husband came and took it out—the prisoner then took out these two dram glasses, and tried to put them under the filter—one of the dram glasses had just been used—I did not see him take them.
Prisoner. I went into this public-house, which I had been accustomed to do several times, to look at the paper; I had one glass of gin, and was waiting some time before I could get served with another; I took the glasses and put them into my pocket, and when the lady came I said I might have run away with half the shop. Witness. He had not tasted his gin, and had no second glass—my daughter served him the moment he came in—he was not kept waiting—these are the glasses (produced)—I had never seen him there before.
Prisoner's Defence. I did not intend to keep them; what the prosecutor says is false.
GUILTY . Aged 35.— Confined Six Months.
MR. WILDE conducted the Prosecution.
RICHARD SLAUGHTER (policeman, G 331). On 28th June, about twelve o'clock at night, I saw the prisoner in Aylesbury-street, Clerkenwell—he dropped a weight—I said, "What have you got there?"—he produced a weight—I said, "Have you got any more?—he said, "No"—I searched him, and found five more in his pockets—I took him to the station, and found in his hat these twenty-seven castings and three brass bars—I asked where he got them—he would not give me an answer.
Cross-examined by MR. PAYNE.Q. Where did the weight drop from? A. It appeared from his trowser's pocket, as if he was putting it in—his handkerchief was over the metal in his hat.
Cross-examined. Q. How many men are employed there? A. About a hundred and fifty—the prisoner was not in the employ.
MR. PAYNE called
FREDERICK BELL . I am a carver and gilder—the prisoner and I left Allen-street together, at half-past eleven o'clock on this night—he had his hat on—he had had it off in the room—I saw nothing in it, I left him within two minutes walk of where he was taken.
JAMES HENRY LAWRENCE . I sat with the prisoner, in a public-bouse, on this evening—he had his hat off—I saw nothing in it—it was half-past eleven o'clock—it was three or four minutes walk from his house.
(The prisoner received a good character.)
NOT GUILTY .
GUILTY . Aged 38.— Confined Three Months.
GUILTY . Aged 51.—Recommended to mercy.— Confined One Month.
1774. RICHARD CONQUEST , burglary in the dwelling-house of Charles Berwick Curtis and another, and stealing 1 cash-box, 4 sovereigns, 2 half-sovereigns, 10 crowns, and other moneys, their property; to which he pleaded
GUILTY . Aged 28.— Confined One Year.
MR. PRENDERGAST conducted the Prosecution.
JOHN DAVIS (City-policeman, 551). On 29th July, about nine o'clock at night, from information, I went to Billingsgate-market, and concealed myself in a house, and at a little before one I saw the prisoner on the roof of the market—he went to a place where a quantity of lead had been cut off, and began to rip it up and roll it up—I went down and got assistance—I waited half an hour, and heard the prisoner's footsteps—I got a ladder, and found him sitting where the lead had been taken from—two or three pieces of lead had been cut and rolled up—he said, "I did not expect to see you at this lime of the morning"—he gave me no account of what he did there—I had seen this lead safe before he went there.
Prisoner's Defence. I went up to watch for a steam-boat, I heard some one underneath, and did not like to go down; I said I went there to sleep.
GUILTY . Aged 24.— Confined Nine Months.
NEW COURT.—Monday, August 21st, 1848.
PRESENT—Mr. Ald. GIBBS and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Fifth Jury.
NOT GUILTY .
GUILTY . Aged 40.— Confined Twelve Months.
GUILTY . Aged 52.— Confined Six Months.
GUILTY . Aged 37.— Confined Twelve Months.
GUILTY . Aged 61.— Confined Six Months.
WILLIAM STEVENS . I am a wine-merchant, at 80, Bishopsgate-street. The prisoner was my carman twelve years—it was part of his duty to receive money for goods—he takes the bill and receipt, and if it is not paid, the receipt is torn off and brought back—I charged him with robbing me—he admitted it, and told me the sums he had received—he said he had got in the habit of going to sweeps at public-houses, which had led him to this, and he hoped he should be able to pay me.
Cross-examined by MR. BALLANTINE. Q. When was this? A. In April—he said if I would give him time he would make them good—next morning I gave information to the police—I did not give him into custody till July—if he had not come back in the neighbourhood I should not have troubled myself about it—he had 20s. a week, and a house—he wanted to make it a debt, which I refused to do.
(The prisoner received a good character.)
GUILTY . Aged 39.—Recommended to mercy by the Prosecutor and Jury.— Confined Three Months.
THOMAS RICHARD SHADDICK . I live at Sadler's-wells. About half-past two o'clock on the morning of 15th July I was in Farringdon-street—I saw the prisoners—they wished me to go home with them—I went to two public-houses with them—I came out of the last, and was about leaving them—I felt Carty take my watch out of my left-hand waistcoat pocket—I ran, and caught her—Britton was about twenty yards behind—this is my watch (produccd.)
Carty's Defence. I was standing at the bar; Shaddick came in with another man; my friend picked up a watch.
Britton's Defence. I picked the watch up.
CARTY— GUILTY . Aged 18.— Confined Six Months.
BRITTON— GUILTY .—Aged 21.— Confined Nine Months.
DAVID BASSETT . I am a corn-dealer, at Uxbridge. The prisoner was in my service—on 10th July I directed the police to watch—I was not awere that I lost any split beans—the policeman found these (produced)—they are mine—they are mixed, and are a particular sort of foreign beans—here is some barley, but I cannot speak to that.
Cross-examined by MR. ROBINSON. Q. Have you a shop? A. Yes—I have no partner—they are Egyptian beans—they may be common, but it is not common to mix them in this way—I bought some beans at a very high price, and mixed these with them to lower the price—the prisoner has occasionally bought a little flour of me, but no beans—he kept a pig, and would require beans for it, but not split beans—I have six persons in my service—they are never allowed to sell any articles belonging to me—I have two apprentices, who serve in my shop—the prisoner was seven years in my employ.
RICHARD ROADNIGHT (police-constable T 11.) On the morning of 11th July I saw the prisoner come from his master's with a pail—I went to his house—I found two bags of flour, and some split beans, and in his barn three sacks of his master's.
NOT GUILTY .
DAVID BASSETT . The prisoner was in my service. On 10th July I found a pail in my wood-cellar—I felt in it, and found some coal—I took it out, and marked it with chalk, and put it back—I told the policeman—there was hog-wash in the pail, which the prisoner was authorised to take—I can swear this is the coal that was in the pail—the mark was on it when we took it out again, but by carrying it away it is rubbed off of it.
Cross-examined by MR. ROBINSON. Q. Is it the same size as it was at first? A. Yes, to the best of my belief—I marked it at half-past twelve o'clock—I expected he would take it away that day, but I was at home, and he had no opportunity—I had caught him twelve months ago, and forgave him, but warned him that if he ever robbed me again the law should have its course.
RICHARD ROADNIGHT (police-sergeant, T 11). On 11th July, I saw the prisoner come from his master's premises with a pail—I asked what he had got besides wash—he said, "Nothing"—I put my hand into the pail, and found this coal—he asked me to take him back to bis master, and said he would beg his pardon; that was the first time he ever took anything.
GUILTY . Aged 48.— Confined Six Months.
WILLIAM HARBOUR . I live at Harlingdon. I had a gun at Mr. Coleman's, where I worked, and a powder-flask and shot-bag with it, which belonged to Mr. Coleman—I put them in a cart in the shed, on Tuesday night, 8th Aug.—I missed them on Wednesday, at one o'clock—these are them.
WILLIAM MULLINS (policeman, T 205). On Wednesday, 9th Aug., I received information, and found the prisoner at the White Hart, with the gun, and the other articles—he said he would not be taken—he was very violent—I had the assistance of two civilians to take him.
Prisoner. I went through the field, and the gun laid in the cart; I had been in the habit of using these guns for the last sixteen years; I took it, and fired at the rooks, and drove them away; I then went to the White Hart, and took it with me; I said this was Mr. Coleman's gun; I thought it was his; he has told me I might have a gun when I wanted it;
the policeman came and said, "You have got a gun;" I said I was going to take it home to Mr. Coleman; he said it was not Mr. Coleman's, snatched it from me violently, and locked roe up. Witness. I asked if he had a gun—he made no answer—he did not tell me it was Mr. Coleman's.
NOT GUILTY .
GUILTY . Aged 22.— Confined Six Months.
JONATHAN DENNY . On the night of 26th July, I was on Holborn-hill, felt a tug at my right-hand coat-pocket, turned round, and saw the prisoner with my handkerchief, concealing it—I took it from him, and gave him into custody—this is it—no one was near me but him.
Prisoner's Defence. I picked it up, and was going to give it to the gentleman; he caught me, and gave me in charge.
GUILTY . Aged 11.— Confined Two Months.
OLD COURT.—Tuesday, Aug. 22nd, 1848.
PRESENT—Mr. Ald. GIBBS; Mr. RECORDER; and Mr. Ald. FARNCOMB.
Before Mr. Recorder and the Second Jury.
WILLIAM VAUGHAN . I live at 15, Skinner-street, St. Botolph-without, Bishopsgate—my mother, Elizabeth Wyatt, keeps the house—her husband, Charles Wyatt, has not lived there for some time—the prisoner lodged there about a fortnight—he absconded on 20th July, and that morning I missed my watch and chain—I afterwards received this note—I then found the prisoner at his father's house, 15, Bartholomew-square, Old-street—he said he had written the note, and told me that the watch was at Chatham; that he had offered it to a Jew for sale, and that he had been given into charge there on suspicion of stealing it—he said he had pawned the chain in the Westminster-road—this is it, and the watch (produced.)
Cross-examined by MR. PARRY. Q. Did the prisoner tell you that he wrote this note? A. Yes—(read—"Aug. 3, 1848. Sir,—I beg to inform you that your watch is in the safe custody of the Magistrate at Chatham, but not the guard, which is parted with. I write this to save you the 5l. reward; and other information 1 will oblige you with, through your advertisement in the daily Times, and I will answer it through a letter.")
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Six Months.
MESSRS. CLARKSON and PARNELL conducted the Prosecution.
WILLIAM HURST . I am the owner of a house, 102, Shoe-lane, which was in the occupation of a person named Bayfield, as a beer-shop—he gave it up in May, I think, and I took to it myself, and took the defendant in with me as my servant, to carry it on as a beer-house—there was a great deal of repair to be done—on Saturday, 20th May, I saw a person come in and go up stairs—Lewis said, "The surveyor has come to see the building, I will go up to him; I know him"—he went up, and when he came down he said "I took him in, and gave him part of a bottle of sherry"—on 20th May, I saw some one come in and go through the place—Lewis said, "It is the sur-veyor's clerk, come for the money"—I said, "Well, how much is it?"—he said, "I have got it reduced to two guineas, and I want the money to pay it"—(he had previously told me it was five guineas, but he should get it reduced)—I gave him two sovereigns and two shillings—he went up stairs with it—he came down in about ten minutes, and said he had paid the two guineas—there has been a disagreement between us since then about money matters—I could not get his books—I employed Mr. Bond, an. accountant, in the matter.
Cross-examined by MR. BALLANTINE. Q. When did you first learn that the surveyor's fee was not two guineas? A. I think in the beginning of June, about two or three weeks afterwards—I went before the Magistrate at Guildhall—the defendant was never taken before a Magistrate—I never made a charge against him in his presence—I did not know where he was—I did not look after him; there was no occasion—I was served with a writ about the 20th or 21st May, when, he was going—it was after this occurred—the action was down for trial at the present Guildford Assizes—I got it removed tack into the City—I do not know when it will be tried—his claim is for about 70l.—the house had been neglected very much—the prisoner was not employed to superintend the repairs—he was my servant, to look after the bar and property—I hired him at wages—nothing was said about wages at the time—I said, "What do you expect for your services?" and he said, "We shall not disagree about that; we will talk about it hereafter"—I have hired servants before—that is not my usual mode; this was a different thing altogether—he recommended me a person named Ryan, who did some repairs, and I have paid him, I think, about 50l.—the prisoner has drawn money for Ryan, as I was not always in the way—Ryan's account came to more than 50l.—Ryan has no further claim against me—the prisoner had to pay for everything that came into the house from day to day—he had not to advance the money, but to take it out of the till—I never got Id. of it—I advanced him money frequently, and when I did not he had to pay out of the till—he occasionally paid the brewer, and sometimes I did—he was there nearly a month before 20th May—I and Mr. Bird, my attorney, saw the prisoner about settling his claim—I offered him 20l., at Mr. Bird's office—I have not paid it him—he wanted 25l.—I did not pay 20l. into Court—I said if his accounts were correct I had no objection to pay him 4l. a week; but I afterwards found it not correct, and of course I did not—I swear I did not offer
him 20l. without reference to his account—I did not offer him 20l. to settle the action—I did not say just now that I offered him 20l., and he wanted 25l.—he represented himself to me as an auctioneer, but I do not think he is—he came to me on 20th May, about half-past six o'clock in the evening I think—I had given him a draft for 35l. in the early part of the day—I think I can recollect pretty well every word he said on this occasion—he said the fee would be five guineas, but when he came down stairs he said, "I have got it reduced to two, and I want the money of you"—I gave it him, and he went up again, came down, and said, "I have settled with him."
MR. PARNELL.Q. Was Mr. Bond present at the time this conversation took place about the two guineas? A. Yes, and also when the offer of 20l. was made—the action was commenced before I discovered anything about this—the prisoner was only put into the house temporarily, till I could find a tenant—he was there altogether a month.
FREDERICK CHARLES KEMP . I am chief clerk to Mr. Stevens, District Surveyor of the Western District, which includes Shoe-lane. On the afternoon of 20th May, I called at 102, Shoe-lane, saw Lewis, and said I called for the Surveyor's fee—I gave him a bill—the amount, 1l. 10s., was on it—he said he was going to the banker's to get a cheque cashed, and if I would look in again before I went to the office, he would pay me—I called again about six o'clock—he asked me up stairs, till he got the money for me—he went down and brought me up a guinea, saying that was all he could afford to pay me to-day, but if I would call again in the course of the week, he would pay me the balance—this is my receipt at the back of this bill—he never paid me the 9s.—I afterwards received it from Mr. Bond.
Cross-examined. Q. Did you go over the premises? A. Several times, but not on this occasion—the Surveyor had made out his fee before I started in the morning—I did not tell the prisoner that the fees would amount to at least 5l., nor how much they would amount to before I sent in the bill—they would not properly amount to more than two guineas—I had nothing but a glass of ale there on the 20th May—I had no wine—he has given me a glass of sherry when I have been in to survey the premises, but never half a bottle—I took the guinea, to accommodate him—this was a second-rate building—we are entitled to charge 30s.
MR. PARNELL. Q. The fees are all fixed by Act of Parliament? A. Yes—I had the signed receipt in my pocket, made out according to the bill that had been sent—Mr. Stevens gave it me when I came out.
EDWARD BOND . I am an accountant, and was employed by Mr. Hurst in this matter—I was present with him on the evening of 20th May, at 102, Shoe-lane, and also at Mr. Bird's office, where some conversation took place as to the payment of 20l.—Mr. Lewis rendered me this account (produced)—he there charges two guineas as having been paid to the Surveyor, and he gives Mr. Hurst credit for it at the bottom of the opposite page.
Cross-examined. Q. Do you know whose writing this is? A. No; I did not see it written, but Lewis gave it to me about 25th or 26th May, in the coffee-room—I asked him for it—I forget whether Mr. Hurst or any one else was present—I put the word "voucher" against this amount, because 1 required a voucher for it—I took out a summons against Lewis, for assaulting me in the bar-parlour on 3rd June—he apologized, and the case was dismissed—I applied to Lewis for a voucher for this two guineas—he did not give me any—I applied to the Surveyor on 6th or 7th June, and found out that one guinea only had been paid—I told Mr. Hurst immediately I returned
—I forget where Lewis then was—I saw him the following evening—I believe he lived in York-place.
MR. PARNELL. Q. Did you receive the account from Lewis before or after the assault? A. Before.
GUILTY . Aged 34.— Confined Three Months.
MR. CHARNOCK conducted the Prosecution.
CHARLOTTE DENCE . I am single—I was at Dr. Connolly's, at Ealing, on 15th June—I went into Mr. Fountain's liden drapery shop, at Ealing, that day—I had a small note-case in my hand, which contained a 10l. note and a memorandum—I placed it on the counter, and my parasol in front of it—on passing to the window I threw down a piece of muslin, and the prisoner, I think, picked it up—I did not speak to her—on my looking to the counter I immediately missed my note-case—I am positive the note was in it—I had taken it out in the shop intending to endorse it, and put it back again—the prisoner left immediately—search was then made for the notecase—it was not found—there were several other female customers in the shop, but none so near me as the prisoner—I immediately gave information to the police—I had received the note, with two others, from Messrs. Twining's, on the 10th—I have seen it since.
Cross-examined by MR. CLARKSON. Q. How near were you to the door? A. Within a yard or two, I think—I had the same dress on that I have now—I took the note out very shortly after I went in, to pay 8l. 19s. to Mr. Fountain—I have made inquiries about the prisoner—I believe she was then in service.
MR. CHARNOCK. Q. What did you 'do with the note when you took it out? A. The draper was using pen and ink, and I intended to borrow it of him when he was disengaged, to endorse it, and I replaced it till he was disengaged—something in the window attracted my attention—I stepped across the shop to point it out, and returned immediately.
CHARLOTTE GARRETT . I am in the service of Mr. Fountain. On 15th June I saw Miss Dence in the shop—the prisoner was there—I cannot say whether she came in before Miss Dence—she was there at the time she was there—she told me she was in a very great hurry, she was afraid her bell would ring—I served her and she went away—she was in Dr. Wilkins' service, at Ealing.
Cross-examined. Q. Had you seen her before? A. Yes; in the shop.
DONALD M'FYE . I am shopman to Messrs. Williams and Hatton, of Oxford-street. On 16th June, the prisoner and two other females came to the shop, and asked for a shawl—I sold them one—they all spoke—they said they came from Knightsbridge—I took a 10l.-note from one of them—I do not know which—I am certain the prisoner is one of the three—this shawl (produced) is the same pattern as the one they bought—I do not know which bought it—the shop mark was taken off it when it was sold.
Cross-examined. Q. Your recollection is not particularly vivid as to this transaction more than any other? A. I recollect receiving the 1l.-note of three women—I did not write on the note—I paid it to our cashier.
JOSEPH PACKETT . I am in the service of Messrs. Williams. I recollect serving three persons with a dress, but whether the prisoner was one I cannot say—I cannot say that this is the same dress that I sold, it is similar to it—I believe they came from the shawl-room.
CHARLES ROBERT EVORS. I am a clerk in Sir Claude Scott and Co.'s bank. This 10l.-note was paid into the account of Messrs. Williams and Hatton, who bank with us, on 17th June—I have got the entry of it—it was the only 10l.-note paid in to their account that day—it is No. 52154 4th April.
MISS DENCE re-examined. I paid one of the other notes to a tradesman at Ealing, which I endorsed, and another to Mr. Dent, watchmaker, of the Strand—I did not endorse that, but it had a private mark of Messrs. Dent's on it—this is neither of those notes—this one has no mark on it.
CHARLOTTE TAFFERY . I am in the service of Dr. Wilkins. The prisoner was my fellow-servant—I recollect her going out on 16th June—when she returned she brought a large trunk with this shawl and gown-piece in it—I had never seen them before.
THOMAS TULL (police-sergeant, T 22). I went to Dr. Wilkins, and told the prisoner she was charged on suspicion of stealing a 10l.-note from Mr. Fountain's shop, the property of Miss Dence, on the evening of 15th—she was very much confused, and stated that she knew nothing about it—I asked her to allow me to look at her boxes—she refused, and her mistress who was present, advised her to let me—she then took me up stairs and showed me her boxes, and I there found this shawl and gown-piece.
JURY to DONALD M'FYE. Q. Do you occasionally accommodate your customers and people in the neighbourhood with change? A. Yes—I do not know that this was the only 10l.-note we received that day—there are thirty other persons who take money.
NOT GUILTY .
GUILTY . Aged 38.— Confined Three Months.
GUILTY . Aged 49.— Confined One Year.
GUILTY . Aged 44.— Confined One Month.
NEW COURT.—Tuesday, August 22nd, 1848.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged 42.— Confined Six Months.
GUILTY .† Aged 18.— Transported for Seven Years.
GUILTY . Aged 25.— Confined Nine Months.
VENNELL pleaded GUILTY .* Aged 15.— Transported for Seven Years.
WOODGATE pleaded GUILTY . Aged 11.— Confined Ten Days.
GUILTY . Aged 30.— Confined Three Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
JOHN HYATT . I am a grocer, in Crown-street, Soho. On 28th June, the prisoner came for half an ounce of tea, and a quarter of a pound of sugar, which came to 2 1/2 d., and put down a shilling—I gave her the change, and she left—in half a second I perceived the shilling was bad—I leaped over the counter, but the prisoner was out of sight—I put the shilling in paper, and locked it in my cash-box—the prisoner came again on the evening of 5th July, for half an ounce of tea, and a quarter of a pound of sugar—she gave me a shilling, I told her it was bad, and that she had passed one the week before—I sent for an officer, and gave her into custody—she said, "Oh do 1st me go, I will do anything if you will let me go," and she put a good shilling on the counter—I gave both the bad shillings to the policeman.
WILLIAM GUERY (policeman, F 30). I took the prisoner into custody—she said to the prosecutor, "For God's sake don't do anything with me, I will give you another shilling, let me go"—I have the two shillings.
Prisoner. I was in distress.
GUILTY. Aged 60.—Recommended to mercy .— Confined Two Months.
ARTHUR ABRAHAM KIRKMAN . I am a surveyor, and live at 27, Lawrence Pountney-lane. On the evening of 6th July, I was waiting at the corner of Nag's Head-court—the prisoner came up and accosted me—I pushed her away—she came again, and 1 pushed her away still harder—she came a third time, and laid hold of me by the waist—I pushed her again, and took up my coat, and was going to strike her—she went away down Nag's Head-court, and a start man came up and looked in my face—lie said, "I beg your pardon, I '"ought you were a friend of mine"—I found my watch was gone, and one chain, the other chain was hanging down—I ran after the prisoner, and as I went I found the other chain drop, but I ran on after the prisoner, the policeman came and took her—he put his light down, and my watch was behind her—this is it (produced).
prisoner. You said you were with another female, and you felt her at
your pocket? Witness. I did not—my watch was taken from my pocket—the prisoner must have got hold of it when I pushed her away.
ISAAC FLORY (City-policeman, 57). I was called by the prosecutor, and saw him running in Gracechureh-street after the prisoner—we overtook her fifty or sixty yards off, and found this watch behind her—there was no one else who could have dropped it, only the prosecutor and two policemen.
THOMAS KELLAM MINCHELL (City-policeman, 512). I found this chain about two-thirds of the way from Nag's I lead-court, to where the prisoner was taken; and the ring in Clemcnt's-Ianc, about four o'clock in the morning;.
Prisoner. Q. Were there not other females at the corner? A. There were other persons gathered round before I took the watch up, but I did not take notice what characters they were.
Prisoner's Defence. I was going home, and the prosecutor came and said I had something belonging to him; an officer came up, put down his, light, and found the watch; there were some females standing at the corner, it might be one of them.
GUILTY . Aged 29.— Confined Four Months.
MR. CLERK conducted the Prosecution.
SARAH SMITH . I keep the Marquis of Granby, at Old Brentford. On 10th July, the prisoner came for a glass of ale and tendered a shilling—I put it into my pocket—a few minutes after she was gone I took it out, and found it was bad—I had another shilling in my pocket, and I was not positive that the prisoner gave me the bad one—on 17th July she came again, called for a glass of ale and tendered a bad shilling—I said, "This is a bad shilling, are you not ashamed of yourself, you passed one with me last week?"—she said she had not been in the house before—I sent for an officer, and gave him the shillings.
JOSEPH RUSSETT . I was at Mr. Smith's when the prisoner came on 17th July—I asked to look at the shilling—Mrs. Smith passed it to m, an before I could scarcely look at it, the prisoner endeavoured to get it from me, but she did not—I gave it to Mrs. Smith.
GUILTY . Aged 32.— Confined Three Months.
GEORGE DRINKWATLR . I have a fruit-stall in Covent Garden-market. On the morning of 29th July, about half-past five o'clock, the prisoner came, and bought some peas—he gave me five shillings and a fourpenny-piece—I told him three to the shillings 1 did not like—he said, "Give them to me, and I will go back to my old woman and fetch some more, if they are not good"—I did not see where he went, but two porters and the beadle followed and took him with the bad money about him.
JOSEPH DAWS . I saw the prisoner come to buy the peas, and heard Drinkwater say, "Here are three shillings I don't like"—he 'gave them to the prisoner—I asked him to let me look at them—he would not—he was neither sober not intonicated—I went with another man and took the shillings out to his hand which the officer has got.
JAMES LEWIS ASHMAN (police-sergeant, F 1). I received this money from the two witnesses—I searched the prisoner, and found another bad shilling, wrapped in paper, in his left waistcoat-pocket—he said he did not know how he came by the money, he must have taken it—I considered he was sober—he was very violent.
Prisoner's Defence. I was very drunk; I do not know anything about it; I have been about Covenf.-garden twenty-five or twenty-six years, and get my living in the street.
(The prisoner received a good character.) GUILTY . Aged 64.—Recommended to mercy by the Jury.— Confined Two Months.
EMMA HILLIER . On Saturday, 5th Aug., I was in my father's shop—he is a grocer, at Willesden—it was the fair-day—the prisoner had a booth there—I had seen him in the course of the day—about eight or nine o'clock in the evening he came and bought some bacon, tea, and sugar, and paid 3s. 10d. for them—he then asked if I had any sixpences and halfpence, as he should want them before the night was out—I gave him six sixpences and 3s. worth of halfpence—he put down four shillings, and said I had given him but 4s. worth—I said I gave him 6s. worth—he then took out 2s. more, and said I was quite right—he gave me six shillings—after he was gone I saw the money was very black—I put it into one corner of the till, apart from other money—in about two hours I called my mother's attention to it, and gave it to her—I had remained attending to the shop the whole of that time—no one else had put anything into the till—I took all the money that evening—when I opened the till the shillings were in the same corner where I had placed them—these are the shillings he gave me (produced).
Prisoner. I was right in front of their house at noon on the Sunday.
GUILTY . Aged 30.— Confined Nine Months.
GUILTY . Aged 30.— Confined One Year.
he dropped this handkerchief (produced) from his hand—it is mine—there was no one near me who could have taken it but him.
Prisoner's Defence. I was turning the corner; several persons were between us; he turned and said I had picked his pocket.
GUILTY .* Aged 18.— Transported for Seven Years.
THOMAS WAGSTAFF . I am a farmer, in partnership with my brother, at West Ham. Fitch was in our employ—I sent him to London, in charge of a wagon, on 5th July—I think my horses have lately been worse than they ought to be—I have since seen a mixture of split beans and green barley, not ripe—it was a mixture which was given to Fitch to feed the horses—he was to feed them where he loaded the dung—he had a nosebag for each horse—the nosebags all hold about a bushel.
Cross-examined by MR. PARNELL. Q. Where is the White Swan? A. About three miles from our place—Fitch was to go from West Ham to Spitalfields, which is about four miles and a half—I know the other two prisoners.
WILLIAM SMITH (policeman, K 220). On 5th July, about ten o'clock in the morning, I saw Fitch driving Mr. Wagstaffs wagon—another man was driving another wagon—they came to the White Swan—the other two prisoners then came, and had a pot of beer with Fitch and the other carman—Fitch then went to the door of the house, and Shipgood went and emptied the contents of a nosebag into an apron—Lee took the apron to the front of the door and shot it into a vessel, where there was other horses' food—Lee is ostler there—I was in plain clothes—I think they did not see me—I was by the side of a shop door, not more than fifteen or twenty yards from them—I put back about the quantity of the mixture that Lee put into the vessel.
WILLIAM DAVIDSON DAY (policeman, K 74). I was with Smith—I saw the three prisoners drinking a pot of beer—I then saw Shipgood take a nose-bag from the wagon, and empty it into Lee's lap, and Lee went and emptied it into the vessel—Fitch stood in the doorway.
Cross-examined. Q. Was he watching it intently? A. Yes—I was in plain clothes—they could not see me if they had looked—I should say the nosebag—was half full when Shipgood emptied it into Lee's lap.
SHIPGOOD— GUILTY . Aged 46.— Confined Three Months.
FITCH and LEE— GUILTY .— Confined Six Months.
1809. JOHN HAYNES , stealing 2 iron screw-clips, value 2s.; the goods of Alfred Rodwell; and JOHN WILLIAMS , feloniously receiving the same; to which HAYNES pleaded Guilty. Aged 15.— Confined One Week.
JOHN HAYNES (the prisoner). I went in Mr. Rodwell's yard on Twickenham-common—I saw the clips, and picked them up—I heard Williams cry rags and bones, and I sold them to him for twopence—I afterwards saw him and the sergeant, who asked Williams what he had got in his cart—the clips were afterwards produced—these are them.
Cross-examined by MR. PARRY. Q. Were these in a bag with rags? A. Yes—Williams put them in the scale with the bag of rags—he did not take them out—he would not see them unless he opened the bag—I said to him, "I have got two or three bones, and some rags"—I did not say anything about the iron.
WILLIAM MURPHY (policeman, V 208). I took Haynes—he said he had sold them to Williams—I met Williams with his cart—I said, "Have you any iron clips?"—he said, "Yes; a few nails"—I turned him back, and at his house I found these clips.
WILLIAMS— NOT GUILTY .
1810. GEORGE SEEARS , stealing 84 yards of silk ribbon, value 3l. 3s.; 11 yards of silk, 1l. 11s.; 4 1/4 yards of satin, 18s.; 34 yards of satinet, 6l. 9s.; and 1 pair of gloves, 2s. 6d.; the goods of Samuel Priest and another, his masters; to which he pleaded
GUILTY . Aged 23.— Confined Nine Months.
GUILTY . Aged 22.— Confined Three Months.
ARCHIBALD GRAY . I am assistant to Mr. John Dyson Anderson, a linen-draper, of Finsbury-pavement. On 18th July I was in the shop—I went out and saw the two prisoners—Daley ran away on the other side, and Satch walked—I stopped her, and took this printed cotton from her—it is the property of my employer—it was just outside the door.
Cross-examined by MR. PAYNE. Q. Did anybody give you information? A. Yes; that person is not here—Satch had gone to the next turning when I found the property on her—she was walking rather quickly—Daley was running.
Cross-examined. Q. In what street was it Daley gave it to Satch? A. In Little Moorfields—it was between three and four o'clock in the afternoon.
Daley's Defence. What Palmer says is quite false; this prisoner can prove that I did not give it her; another young woman did.
SATCH— GUILTY . Aged 19. DALEY— GUILTY . Aged 18.— Confined Three Months.
HENRY JOSEPH KING (Thames-police officer). On 6th July I Saw the three prisoners go towards the barge Nicholas—the woman put her hand up, and took some coals, and gave them to the two boys—they washed them in water, put them into a bag, and took them away—another officer walked round, met them, and took them.
JULIA HARRINGTON— GUILTY . Aged 60.— Confined Two Months.
DANIEL HARRINGTON— GUILTY . Aged 12.
CORNELIUS SULLIVAN— GUILTY . Aged 16.
Confined One Week and Whipped.
OLD COURT.—Wednesday, August 23rd, 1848.
PRESENT—Mr. Baron PLATT; Mr. Ald.GIBBS; Mr. Ald. LAWRENCE; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Third Jury.
1814. JAMES GRIEVES , feloniously forging and uttering a certain request for the delivery of goods, with intent to defraud William Tytherleigh: also, obtaining goods by false pretences: to which he pleaded
GUILTY . Aged 53.— Transported for Seven Years.
JOHN HINDS . On 12th August, between ten and eleven o'clock at night, I was in Blackhorse-lane, on this side of Whetstone, going home to my lodging—I had two bundles—I met three men—the prisoner is one—I had occasion to go to the ditch, and put my bundles down—the men delayed opposite where I was—they were together—they shifted my bundle—I asked the prisoner about it—he struck me, and said, "How dare you accuse me with it"—I said, "I must look to my own"—as soon as I said that, the prisoner caught hold of me and knocked me down twice—the other two ran away with the bundles, which contained a shirt, two handkerchiefs, and some meat—the prisoner remained beating me till I ran into my lodging, which was close by—I did not know either of the parties before.
THOMAS EDWARDS (policeman, S 294). Hinds complained to me of being robbed—about half-past ten o'clock next morning I took the prisoner—he came up to me of his own accord, showed me his hand, and said, "This is what I got by being knocked down last night"—I sent for the prosecutor, who came and identified him.
Prisoner's Defence. When I came down the road, the two men and the prosecutor were before me; when I came up, he asked me if I had seen his meat; I said I had not; he said, "You have;" he accused me, and I struck him; I know nothing of the meat.
GUILTY . Aged 40.— Confined Six Months.
Before Mr. Baron Platt.
1816. ROBERT WYNN , stealing, whilst employed under the Post-office, 2 post letters, containing 1 half-crown, 1 sixpence, 3 postage stamps, and 2 sovereigns; the property of Her Majesty's Postmaster-General.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
JOHN FORBES . I am a messenger in the General Post-office. On the morning of 3rd July, I was on duty in the Inland office—the prisoner was employed there—there are several tables, distinguished from each other by letters—the prisoner was stationed at the table letter C—the Scarborough bag would be taken to that table and opened—it was the prisoner's duty to open it, take out the letters, and separate them—I had received directions to watch the prisoner during the performance of his duty—I was looking at him when the Scarborough bag was brought to his table, that was about a quarter-past six o'clock—I saw him open it, take out the letters, and put them on the table before him—there is a letter-bill along with each bag, with the amount of paid letters—the prisoner puts all the bills before him on the table as he opens the bags—I could not distinctly see the Scarborough bill by itselt—there might have been twent or thirty bags opened at table C—it would be
the prisoner's duty to open them all—as many as can be carried are put on the table at once—I saw him put two letters before him on one of the letter-bills—I was not near enough distinctly to read their addresses—one of them had two red postage stamps on it—the letter-bills should state what letters are registered letters—it would be the prisoner's duty to fold up the registered letters in the bill, and put them into a drawer under the table provided for that purpose—the letters that are not registered are put on one side for a senior clerk to examine—I saw that the prisoner did that, leaving the two letters where he first put them—I could see they were not registered letters, because all registered letters are marked "registered" in red ink—I was near enough to see that there was no such writing upon them—I saw him take the registered letters out of the drawer and give them to the register clerk when he came round to the table—they are put over to the stamper's and stamped when he opens the bag, before he gives them to the register clerk—the register clerk, when he receives the registered letters," checks them by the bill to which they refer, and then signs the bill—Mr. Davis was the register clerk that morning—I saw him go to the prisoner and receive the registered letters—I saw the two letters that I had previously noticed, the prisoner put them on one side, and after he had given the registered letters to the register clerk, he put them into the drawer again—Mr. Davis then went to his desk—the duty went on, and other registered letters were collected in the drawer—after the prisoner had finished opening the bags he took all the letters out of the drawer, and went up towards the register clerk with them and the bills—I followed him to the register clerk—he gave the register clerk the letters and bills which he carried—they were checked with each bill, by the clerk, and signed for—he still retained in his band the bill, folded up as if it contained letters—I know it was a bill by the red colour of it—he then proceeded in a direction towards his own table—he did not go there, but went towards down stairs, to the water-closets—I immediately made a communication to Mr. Hodd, one of the presidents—I afterwards went down to the water-closets—I saw Peak, the officer, take these two letters (produced) from the basin of a water-closet—I am sure this letter was one that I bad seen lying on the prisoner's table, it is the one with two stamps—I know it by the handwriting—Iliad noticed the hand-writing as it laid on the table—I could not speak to the other—this one was lying over the other—I could tell the form of the handwriting—they both bear the Scarborough post-mark—they have not the stamp of the Inland office.
Cross-examined by MR. BALLANTINE. Q. In the Scarborough bag there would be some letters registered, some paid and some not paid? A. Yes, it would be the prisoner's duty to sort the paid and unpaid to different persons, and put the registered letters into the drawer—that would be his duty with reference to every bag he had to sort—it would take him about an hour to perform his duties—registered letters usually contain money or valuables—I have sometimes known letters to get mixed in the course of this sorting—it will sometimes happen through neglect that registered letters go where paid letters ought to go, and paid letters go where registered letters should go—a person committing that neglect would be punished.
MR. BODKIN. Q. Registered letters ought to have the word "registered" written on them in red ink? A. Yes, that would be one mode by which the clerk who sorts the letters is enabled to distinguish them from unregistered letters, but they are generally entered with their full direction on the letter bill—all the letters require the Inland post-office stamp.
COURT. Q. Why are the registered letters put into the drawer, is it for
greater security? A. Yes—letters containing money are not treated in the same manner, they are treated as common letters—letters are not treated as registered letterrs unless they are entered in the bill—the postmaster might neglect to mark the letter.
MR. BALLANTINE. Q. Did you ever say to a person named Glynn that you might, he mistaken as to what you saw?.A. No. nothing of the kind—he asked me what was the matter, and I said Mr. Wynn had gone down stairs with some bills in his hand, and there was something wrong, but I did not want to make a noise about it—I said, "Do not say much about it till we see."
EDWARD HODD . I am one of the presidents of the Inland department of the Post-office. On the morning of 3rd July, in consequence of a communication from Forbes, I proceeded at once down stairs to the water-closet—I found one of the doors fast—I went into the next, looked over the partition, and saw the prisoner sitting on the seat, with his hands between his legs, as a man would have in such a place—his clothes were down—I then got over the partition, and desired him to get up, which he did—Peak came down shortly after—I told him, in the prisoner's hearing, that I suspected he had put something down the closet—Peak then asked whether he had got any letters about him—he said, "No"—Peak then went into the closet, and I left them there—no one else went into the water-closet while I was there—this is the Scarborough bill—(produced)—there is no entry of any registered letter addressed to the "Editor of the News of the World, Holywell-street, Strand, London," or to "Edward Tatham, No. 5, America-square, Tower-hill, London"—I afterwards saw the prisoner in the superintending-president's room, and asked him if he had opened the Scarborough bag—he said "Yes"—I got this Scarborough bill from the table where the prisoner opened the bag about seven o'clock—that was about halt an hour after he was in custody—it bears the Scarborough post-mark—it is not signed by the prisoner, but by Davis—the registered letters were not signed for when I found the bill—I went and saw he had the letters entered in his book, and I made him sign for them then and there, in my presence.
JOHN FORBES re-examined. Davis signs the bill in which the letters are entered—the prisoner took the bill, with the letters wrapped in them, to the register clerk—he signs the bill for the letters, and brings back the bills to enter them in a book, instead of which he took the bills in his hand, and went towards the water-closet—it was such a bill as this that I saw him wrap the letters in.
MATTHEW PEAK . I am an officer attached to the Post-office. On the morning of 3rd July last I was called down to the water closets—I found Mr. Hodd and the prisoner there—in consequence of what Mr. Hodd said to me I asked the prisoner if he had got any letters about him—he said, "No"—I did not find any on him—I proceeded to examine the pan of the water-closet, and there found these two letters—there was some brown paper in the pan, but these laid right at the top, quite clean—the seals were not broken—I produced them before the Magistrate, and by his direction I opened them—one contained a half-crown, a 6d., and three postage stamps, and the other two sovereigns—the money is in them now—I could at once feel they were letters containing money—I took the prisoner into custody—he was taken up to the superintending-president's office—I am sure no one else went into the water-closet from the time I found the prisoner till I found these letters in the pan—the pan appeared to have been used—the water rushes into the pan as the person rises.
EDWARD GLAVES STERICKER . I am a grocer, at Scarborough. On 2nd July I wrote this letter, and addressed it to the editor of the News of the World—I enclosed a half-crown, 6d., and three postage stamps—I sealed it, put on two stamps, and put it into the letter-box at Scarborough.
HORACE JAMES BELL . I am son of the proprietor of the News of the World, Holywell-street, Strand. It is my practice to open the letters that come by the morning-post—I did not do so on the morning of 3rd July—I never received this letter until Peak brought it to me.
MR. HODD re-examined. There are four water-closets all in a cluster—a person in one can easily hear any person in the next—I stood on the seat to look over the partition—the did was not down—I did not put it down—I got on the seat directly—I could be heard in the next place—when I looked over the prisoner was sitting as persons usually do in a place of that kind—he looked up at me—I kept him in sight from the time I first looked over, till I got in to him—the partition is very low—I was in the body of the office when Forbes came to me—I should suppose two or three minutes elapsed from Forbes giving me information and my getting to the water-closet.
(The prisoner received a good character.) The JURY found the following verdict—That the prisoner having committed a mistake in the sorting of the letters in question, secreted them in the water-closet in order to avoid the supposed penalty attached to such mistake. Aged 17.— Judgment Respited.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
SAMUEL SPAREPOINT . In June last I was living at Deal—I formerly resided in the neighbourhood of the Hackney-road, and had occasion to make a pledge at a pawnbroker's in that neighbourhood. On Wednesday, 12th July, I enclosed in a letter the duplicate relating to the pledge, two sixpences, and two postage stamps—I wafered it with two wafers, and addressed it, "Mr. F. Cotton, 28, Hackney-road, Middlesex," and gave it my wife to to take to the Post-office—these fragments of paper (produced) are parts of that letter, and this is the duplicate.
WELCOME COLE . I am an inspector of letter-carriers, in the London District of the Post-office—the prisoner has been employed as a letter-carrier of the London District upwards of three years. On 13th July, about seven o'clock in the morning, he was employed in sorting letters at the chief office for the Shoreditch branch—while sorting them I saw him feel the letters, as I considered, in a very suspicious manner, so as to see if they contained anything—I observed this memorandum-book (produced) lying open on the table—I saw him look round, as if to see if the inspector was watching him—shortly afterwards I saw him place, as I supposed, a letter in
that book—his back was towards me at the time—he closed the book in a very hurried manner, and it still remained on the board while he was sorting the other letters—he then looked round again, and put the book hurriedly into his breast-pocket—I communicated what I had seen to Mr. Bell, the president on duty—it was then about half-past seven.
COURT. Q. Was it your duty to see whether anything irregular was going on? A. I was not actually on duty that morning, but from instructions I had received I watched the prisoner.
HENRY JAMESON . I am one of the inspectors of letter-carriers. On the morning of 13th July, after I had had some communication from Mr. Bell, the president on duty, I watched the prisoner—I observed him go towards the stairs that lead to the water-closets, and desired him to go to. Mr. Bell—I went with him—Mr. Bell said he believed he had a memorandum book in his pocket—he said, "Yes"—Mr. Bell asked him to produce it—he did so—Mr. Bell looked into it, and returned it to him—he said that would do, and let him go—the prisoner then went down stairs, and returned in five or ten minutes with his breakfast in his hand—about five minutes after that, William Taylor, a letter-carrier, brought up part of a letter.
WILLIAM TAYLOR . I am a letter-carrier, in the London District-office. On 13th July, at a quarter to eight o'clock, I was on duty, and had occasion to go down stairs to the water-closets—I went into the centre one of the three—on the left side of the seat I found this part of a letter—I took it up stairs, and gave it to Mr. Jameson—the seal was not broken—the direction was on it as it is now—it appears to have been torn in half.
WILLIAM BLACKBURN . I am a plumber. On the morning of 13th July, between eight and nine o'clock, I was directed to examine the basin of the centre water-closet, at the London District Post-office, and in the trap under the basin I found this part of a letter, and a duplicate in it—I gave it to Mr. Smith.
ROBERT SMITH . I am superintending-president of the London District Post-office. The fragments of a letter was brought to me on 13th July—I sent for the prisoner, who was brought to my room a little before ten o'clock—I put these parts of the letter together, so as to ascertain that it formed one letter, and so as to see its contents—I charged him with stealing a letter that morning—I had the fragments in my hand—he said, "I have no letter about me"—I said, "I know that, but you had the letter in your pocket when you were taken into Mr. Bell's room"—he made no reply to that—I then said, "The letter contained a duplicate, 1s., and two postage stamps, and you stole a letter on Saturday morning"—he said no, he did not—Cole then asked him if he had any postage stamps about him—he said he had two—I said, "Produce them?" and he said they were in his office coat-pocket—that coat was sent for, and examined—there were none there—he then produced a pocket-book, which was examined, but nothing found in it—I said, "Peak the officer must be sent for to search him," and the prisoner then took his watch from his pocket, and on his opening it two postage stamps were found in the case—I then said, "These postage stamps were stolen from the letter"—he made no reply to that—I then took him to the solicitor's office, but before doing so I asked if he had any explanation to offer—he said, '" I did it; I am very sorry; I do not know what could have induced me to do it, but I did not take the letter on Saturday"—I think he said it was distress that made him do it—I think his wages were 21s. a week—he had only just married, and I expressed my regret to him at the time,
on account of his wife—a letter posted at Deal, at the latter part of the day, would arrive at the General Post-office about five next morning—a letter addressed as this one would go to the Shoreditch Branch, and would have come into the prisoner's hands to sort.
(Button Fidler, a carpenter and builder; Thomas Cook, a draper; and Edward Dyer, innkeeper, all of Wansted, gave the prisoner a good character.)
GUILTY . Aged 25.— Transported for Ten Years.
NOT GUILTY .
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
HENRY GRAINGER . I am a provision-broker, at Pudding-lane, Thames-street. On Saturday evening, 1st July, about five o'clock, I addressed a letter, "James Ponsford, Esq., 9, South Wharf-road, Paddington," and enclosed this check in it, crossed "and Co."—the word "Bank," and this endorsement of my name, have been written since—it is not my writing, or written by my authority—I am not sure whether I sealed the letter; it is generally done by my clerk—I laid it on my desk, with others—it is the duty of my clerk to gather them together and post them.
Cross-examined by MR. PRENDERGAST. Q. Are you sure "and Co." was on it? A. Yes; I would not have signed it without—a clerk filled it up and I signed it—this "Henry Grainger" is not my clerk's writing, or that of any person I know—I never saw' it before, to my knowledge—the clerk that seals them almost always posts them—there is no rule about it—I have four or five clerks—Moses Houghton generally posts the letters.
MOSES CARTWRIGHT HOUGHTON . I am a clerk to Mr. Grainger. On Saturday, 1st July, I took a quantity of letters, from different parts of the office, and posted some in King William-street, and some in Lombard-street, about ten minutes to six o'clock, in the same state in which I found them—I believe they were all sealed—I sealed some—other clerks may have sealed others.
Cross-examined. Q. You cannot say you posted this letter? A. No—I cannot say positively whether I sealed any that day—there is none of my writing on this check; it is Mr. Wilton's, our head clerk's—I did not see him write it—he always fills up the checks—I do not draw checks—I took the 2d. letters to King William-street, and the general ones to Lombard-street—this was a 2d. one—I will not swear I took this to King William-street; it may have gone with the general ones by mistake—I am sure I divided them.
MICHAEL DEARBERG . I am in the employ of Moses and Son, Aldgate. On Tuesday, 4th July, the prisoner and another man came and ordered some clothes—he gave the name of Marshall, and the other that of Spring—the prisoner was to have a suit of clothes, and Spring a pair of trowsers and a waistcoat—they came to 7l. 12s.—I asked them for a deposit—the prisoner said he would pay for the whole, and tendered me this check—it had "and
Co." across it, but not the word "Bank'"—I believe tlut was put on at the Bank of England, our bankers—I did not see "Henry Grainger"on it—I took them to be measured—they asked for the balance of the check—I said we had sent it to the bankers' to see if it was correct—Spring left—we found the check to be correct, and gave the prisoner the balance—the clothes were to be ready on the Thursday, and were to be called for—they were not sent for till the 10th, when a lad, named Cremer, came with this note—(produced—read—" Marshall will feel obliged to Messrs. Moses and Son by their sending by bearer his clothes and the trowsers and vest, and trusts they will be done according to promise; Mr. Marshall being from town prevented his sending before now.—July 10th, 1848.")—a communication had been made to me from the Post-office authorities—we detained the boy while we sent to the Post-office, and afterwards gave him the clothes.
Cross-examined. Q. Spring went away after he was measured? A. Yes—the prisoner went over the warehouse with me while I sent to the Bank—it took about ten minutes or a quarter of an hour—he was rather in a state of liquor—he knew I was sending to the Bank—he was not at all agitated—he did not hear me send—he waited till the messenger returned.
DANIEL CREMER . I live at No. 3, Crown-court, Fleet-street. On Monday morning, 10th July, I went with a relation, Mrs. Fyler, to the Duke of York's Column—I saw the prisoner there—I did not know him before—he bad a blue coat with a red collar, black trowsers, and some crape and a cockade in his hat, like a postman—Mrs. Fyler spoke to him—they were together about five minutes—he gave her a letter from his waistcoat pocket, which she brought to me, and gave me 1s.—in consequence of her directions I took the letter to Messrs. Moses—I waited there some time, and received a parcel—I walked as far as the Bank with it, I then ran across the road, and two gentlemen came up, and took me to the Post-office.
Cross-examined. Q. Were you examined before Mr. Peacock? A. Yes—the person who took me was there part of the time, and then he went out—Mr. Peacock told me the check was stolen—that did not frighten me, only I did not like to have anything to do with it—I went to Bow-street, and was then allowed to go home.
MATTHEW PEAK . I am an officer of the Post-office. On 10th July, about nine or ten o'clock in the evening, I went to the Crown public-house, Crown-court, Fleet-street—Cremer lives two or three doors past there—I found the prisoner there—there were a great many people in the room—I should think he would know me—I crossed the room to speak to a person, turned round, and the prisoner was gone—I searched for him for several days—bills were printed, offering a reward of 20l. for him—on the morning of 27th I went to the Money Order-office at Liverpool with one of the Liverpool Police, and saw the prisoner—I said to a gentleman, who had a money order in his hand, "This is John Prenderville, whom I am seeking"—he said, "That is not my name, you do not know me"—he gave his name "Thomas Connor—I do not think he gave any name at the Money Order-office—I accompanied him to the station, and said, "Prenderville, we received" or "Mr. Edwards received your last letter"—I think I said we first—he said, "What is in that letter is quite true"—I said I took him for stealing a letter containing a check for 29l.—he did not say anything—I took four letters from his pocket, addressed "Thomas Connor, 18, Rupert-street, Liverpool"—(producted)—he was afterwards searched by a policeman, who handed me nine sovereigns—next day I took him to the railway to bring him to London—
at the station he said, "I did not steal the letter, on the Tuesday that I went to Moses', I met a man near Temple-bar, who I knew very well, he asked me to go and have something to drink; I went with him to a public-house, and after having some brandy-and-water, he said, 'I have a check, but I cannot get. it cashed, it must go through a bankers', I have been to the bankers', and they will not cash it;' that he told him he found the check, and said, 'If you are amind to go with me to Moses', and order some clothes, we can get it cashed there;' we went to Moses', and were measured for the clothes, and finding a delay there, I had suspicions that all was not right, but as I had gone on so far with it, I would not leave it; in a minute afterwards I turned round, and missed the man, and was then quite certain that it was not right; the balance of the check was brought to me; I went down stairs, met the same man in the street, and shared the money with him; on the Friday afterwards I saw him again, but I caught a glimpse of a sorter at the chief office, I cannot recollect who; I then said to this man, 'I can see where this check came from, it came out of a letter; he said, 'Yes, and you had better say nothing about it, or else it will be the worse for you' "—I brought him to London—he said he gave the name of Marshall, as that was the first name that came into his head—I got this letter from Cork (produced), after I had been to Liverpool, but 1 had seen it before, on the 18th—it was shown him at the Post-office, and he said it was his writing.
Cross-examined. Q. Did he say he had endeavoured to find out the sorter, that he might give information? A. Yes—Mrs. Fyler was not at the Crown, she was in custody.
WILLIAM EDWARDS . I am inspector of letter-carriers, at the London District Branch office. A letter addressed to Mr. Ponsford, ought to go to Paddington—letters in the vicinity of. Paddington are delivered at the North-road Branch office—the prisoner was employed there, and was on duty there on 1st July—it was his duty to assist in sorting the letters of that division—this letter would go to that district—it should go to an office at Paddington, where the letter-carriers meet, and not to the office where the prisoner was, but letters are sometimes missorted—sometimes we have 60 missorted—letters addressed to Mr. Ponsford have come to the office since this—Mr. Ponsford is in the Paddington district—the prisoner was last on duty on 10th July—he came on 11th, but Peak came to see him, and he went out saying he was indisposed—on 1st July, he was a supernumary letter-carrier, on the Edgware-road, in the vicinity of South Wharf-road—he continued there till the 4th, doing duty for a sick man—if a letter addressed to Mr. ponsford accidentally got into his possession, it would be his duty to give it up for me to return it to St. Martin's-le-graud—this letter, addressed to me, is in the prisoner's writing—I first saw it at Bow-street, after Peak had been to Liverpool—the letter to Messrs. Moses is also the prisoner's writing.
Cross-examined. Q. Have you seen him write? A. Yes; I am inspector of his office, I have seen his writing on the back of letters, saying he cannot find the parties—this letter from Cork seems to be written in a hurried way—(read) "Cork, July 18th Sir,—having succeeded in reaching my native shore, my first step was to obtain some information from Bow-street—I find by the Times of Friday, the affair is greatly exaggerated—the amount of the cheque was 29l. 7s. 1d.; and also, the boy has not told a particle of truth. I dare say my absenting myself from duty, with other colorable circumstances, must have surprised you, and, I believe, every man in your office, which induces me to give you a full statement of the real facts of the case: not that I am so vain as to think that anything I could say would be a
paliation of my folly, nor my subterfuge for my guilt. But this I declare to you and to the God who knows it well, and before whom I must at some future day appear, and I hope before I appear in Newgate, that I had no knowledge of how the cheque was obtained until the Friday night following the fatal 4th July; and up to that melancholy day, my character and integrity was as pure and unstained as it was at the age of seven. But lo! there was a fatal hour, and that was the hour of two o'clock; the bargain was concluded, and I have sold that which I thought the wealth of Peru could not purchase—my character. My colleague in iniquity, who was a person totally unconnected with the office, but who was concerned in some same way with a mercantile house, deluded me into the belief that chance threw it in his own way; first taking good care to use those stimulants necessary on such occasions—brandy and water. The fact was, as I have subsequently discovered, and when too late, that it came from head quarters, the sorting office. Finding I was made a complete tool of, and that I could scarcely escape detection, I considered it more advisable to inhale the breeze of my native mountains, than the air of Bermuda, having by mere accident met this woful acquaintance of mine; and I believe when every other remedy was tried by himself, induced me to accompany him to the Minories.—I am, Sir, &c, J. P."
WILLIAM BROWN . I am a letter-carrier. On 2nd July, I delivered the letters in the district in which Mr. Ponsford lives—I delivered all that were given me—it is in the country delivery, and letters are delivered on Sunday morning.
WALTER ROBERTSON SCULTHORPE . I am president of the London district Post-office. A letter posted in Lombard-street at six o'clock, or a little before, on Saturday, addressed as this is, would be delivered next morning, as Paddington is in the country delivery—if within the three-mile stone, it would be delivered on Saturday night.
(The prisoner received a good character.)
GUILTY of receiving. Aged 25.— Transported for Ten Years.
NEW COURT.—Wednesday, August 23rd, 1848.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald.WILLIAM HUNTER; Mr. Ald. FINNIS; and Mr.COMMON SERGEANT.
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY . Aged 17.— Confined Three Months.
MR. PARNELL conducted the Prosecution.
ROBERT GEORGE THURSTON . I am warehouseman to James Houghton and his two sons. The prisoner was in their service to take out goods and receive money; he should pay it over to Stevens, Jones, or Calvert, and to no one else, and to see it entered—the signature to these receipts is his.
NOT GUILTY .
Cross-examined by MR. PAYNE. Q. Did you see any one going away? A. No.
GUILTY . Aged 21.— Confined Nine Months.
MR. PARNELL conducted the Prosecution.
JAMES RIDDELL . I am a farmer, at Theobald's-park, Enfield. Randall was my carter since April—I employed him to carry hay to London—on 28th June, he cut a load of hay from my stacks—after he went home at night I found a truss of hay at the stack, concealed under some straw—the cart was then loaded, and the tilt over it—he started about twenty minutes to one o'clock—I then went to the stack, and the truss was gone—I followed the cart to a beer-shop at Clay-hill, kept by Love—Randall took a truss off the cart, laid it in Love's yard, and rattled at his door—nobody came—I went up and asked if he was not ashamed of what he had been doing—he said he was, and hoped I would forgive him—I said, "You took two the other morning, and four another time"—he said, "No."
LOVE— NOT GUILTY .
RANDALL— GUILTY . Aged 44.— Confined Six Months.
Cross-examined by MR. ROBINSON. Q. He dined on board with you?
A. Yes—he had been there with me several times—I was with him until we went to Astley's, at night, except about ten minutes, when he left me in Aldgate, saying he was going to see a friend to raise the wind—it was then half-past five.
(The prisoner received a good character.)
GUILTY . Aged 38.—Recommended to mercy.— Confined Three Months.
THOMAS BENDELL (policeman.) On 1st Aug., about half-past seven o'clock in the morning, I saw the prisoner in Rosemary-lane with something; heavy in a basket, covered with a bag—I followed him to Von Koppelen's—he tried to escape at the other door—I asked him what was in the basket—he said, "What basket? "—I said, "The basket you left in the shop "—he said a man gave it him to carry.
GUILTY . Aged 33.— Confined Four Months.
DANIEL MAY (City-policeman, 357.) I watched the prisoner and two others—he put his hand into the prosecutrix's pocket, took out something, and handed it to another, who I took, but he was rescued from me.
GUILTY . Aged 15.—Recommended to mercy.— Confined One Month.
BERNARD DUFFEY . I live at St. George's-in-the-East. On 10th July, about two o'clock in the morning, I was on Holborn-hill, with a friend, who was in advance of me, and saw the prisoner Jones come up to me—I said I did not want her—she squeezed me very tight, and took a watch from my pocket, which I had a minute before—I followed her—this is my watch (produced).
Cross-examined by MR. PARNELL. Q. Where had you been? A. To a party—I had not been drinking much—I was not a minute with Jones—I am married.
Cross-examined. Q. Had you been with him to the party? A. Yes—we had a little drink—Jones wore the shawl she has now.
Cross-examined. Q. How far were you from her? A. Not twenty yards—it was a quarter-past one o'clock in the morning.
JONES— GUILTY . Aged 20. TRENT— GUILTY . Aged 22.— Confined Three Months.
PHŒBE WELLING . I am mistress of a school at London-wall—Mary Ann Bruce was my servant—I missed these articles (produced), and many more, from a closet, which was locked—they are mine—Hannah Bruce used to come to wash.
EDWARD GREEN . I am a pawnbroker, at Chiswell-street—I produce a remnant of stuff, pawned on 11th July, by, I believe, both prisoners; also two pairs of stockings on 13th July, and some flannel and two towels on 3lst July, by one or other of the prisoners.
Hannah Bruce. I never pledged any of them.
Mary Ann Bruce. I was left in the house with Mary Swinton; she told me to pledge them, and said she would replace them; my mother is innocent.
HANNAH BRUCE— GUILTY . Aged 42.— Confined One Year.
MARY ANN BRUCE— GUILTY . Aged 15.— Confined Three Months.
ABRAHAM FINSLEY . I am servant to Susan Cox, a carrier, at Hadley. On 25th July, about twelve or one o'clock, I put a parcel into the cart, containing these parcels (produced)—I missed it in Cannon-street.
Cross-examined by MR. PRENDERGAST. Q. Where did you see it safe? A. At the end of Queen-street—I left the cart about a minute, and went into a distiller's.
Cross-examined by MR. PARRY. Q. When was it? A. The 24th, the day before the robbery.
JOSEPH HEDINGTON (City-policeman, 20). On 27th July, about half-past one o'clock, the prisoners passed me in Mansion-house-street—Humphrey was a little behind How, who was carrying a brown paper parcel, in Abchurch-lane, he turned round, and handed it to Humphrey—How crossed the road, went up Abchurch-lane, and through Nicholas-passage—Humphrey went down King William-street—I followed How, stopped him, gave him in
charge, went through a passage into Nicholas-lane, and met Humphrey coming in a direction from the court he had just left—I said; I was a police", man, and took him on suspici in of stealing a parcel with another man—he said he knew nothing about it—he said at the station he knew nothing about How—this invoice (produced) was in the parcel—know that they both associated constantly.
Cross-examined by MR. PARRY. Q. In what direction was How going when you took him?. A. If he had gone on, he would have met Humphrey at the end of the passage—I did not hear Humphrey say he had never seen How before.
HOW— GUILTY . * Aged 19.— Confined One Year.
HUMPHREY— GUILTY . Aged 33.— Transported for Seven Years.
1832. JOHN MITCHELL, EDWARD FLAHARTY , JOHN FLANNAGAN , and SOLOMON LYONS , stealing 1 handkerchief, value 1s. 6d.; the goods of James Magee, from his person; to which FLANNAGAN—pleaded GUILTY Aged 12.— Confined Three Months.
Cross-examined by MR. PARNELL. Q. You were stopping to see a boat-race? A. Yes; there were four boys round me—Flaharty was one.
GEORGE WARDELL (City-policeman, 25). I was on the bridge about seven o'clock, and saw the prisoners together for about a quarter of an hour—Flannagan put his hand into Mr. Magee's pocket twice—the others covered him—I caught him and took the handkerchief from him—I saw Mitchell put his hand into another gentleman's pocket.
Cross-examined. Q. What do you mean by "covering?" A. Endeavuring to conceal him—they were all looking at the pocket.
(The prisoners received good characters.)
FLAHARTY— GUILTY . * Aged 16.— Confined Three Months.
MITCHELL— GUILTY . Aged 16.— Confined Three Months.
LYONS— GUILTY . Aged 13.— Confined Seven Days and Whipped.
JUDAH GEE SIMONS . I am a wholesale stationer, of Houndsditch. The prisoner was my porter—I missed halfpence from my till—on 10th Aug. I marked 3s. 6d. worth, and locked the till—I opened it next morning, and missed 4 1/2 d.—I charged the prisoner, and he produced 4 1/2 d., marked.
Cross-examined by MR. CHARNOCK. Q. Had he to pay money for you? A. No.
GUILTY . Aged 20.— Confined Three Months.
had about four bushels of chaff and oats, to feed his horses at the watering-house, as he returned—he had no business to do it at any other time—I have seen some chaff and oats which I believe to be mine.
Cross-examined by MR. PARNELL. Q. He would not have been doing very wrong if he had fed his horses at any other time? A. No; he might feed them at any time it was convenient—he had three horses—he had been my carter above seven years—I would employ him again—I have no reason to doubt his character.
WILLIAM SMITH (policeman, K 220.) On 15th July, about ten o'clock in the morning, I saw a wagon and three horses standing before the Fountain, Mile End—I saw Wainwright empty a trough full of mixture after the horses had done feeding—he put it down before Green, who took it into the stable—I followed and took him, and then called Wainwright, who was putting his horses to, to go home—he said, "I told no one to take it."
Green's Defence. I saw the trough on the footpath, and took it into the stable; I did not mean to steal it.
NOT GUILTY .
ELIZABETH ANN NEW . I am the wife of Henry New, of Little Queen-street. The prisoner was in my service four days—after she had left I missed these things—I was with the officer when he searched her room—he found all but the shirts—these two handkerchiefs were found at the pawnbroker's—these things are mine.
Prisoner. I fetched them to wash. Witness. She was not to take them to wash—she was to come on the Tuesday following to do the washing, as my servant was ill.
JOSEPH THOMPSON (police-sergeant, T 11.) I found these things at the prisoner's room—she said she had taken them, and thought the devil had taken possession of her—she did not say she took them to wash—I found on her the duplicate of these two handkerchiefs.
GUILTY . Aged 35.— Confined Three Months.
RICHARD ELLIOTT . I keep a beer-shop, at Paddington—the prisoner was my servant. On 6th July I left a half-crown in my till—I went up stairs, heard the till rattle, came down, and a man had caught the prisoner—the half-crown was gone.
Prisoner's Defence. I was cleaning the bar and moving the glasses; I never took the money out of the till.
CHARLES BRANDON . I was in the tap-room, and heard Mr. Elliott say he had lost half-a-crown—I came out—he had got hold of the prisoner—he gave him to, me while lie drew a pint of beet—I found this half-crown in a spittoon near where the prisoner had been.
GUILTY . Aged 15.— Confined Three Months.
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 19.— Confined One Year.
GUILTY . Aged 27.— Confined Four Months.
GUILTY . Aged 15.— Confined Ten Days and Whipped.
GUILTY . Aged 18.— Confined Four Months.
REBECCA FAIRCHILD . I am in the employ of William Clark, of the Buffalo public-house—the prisoner was potman there. On 18th July he came inside the counter about eight o'clock in the morning—I heard some coppers rattle—I turned, and saw him shutting the till—in a minute or two I saw he had something in his hand—I took 8 1/2 d. from his hand—I said I should tell my master, for it was not the first time—he said, "Don't tell him; it is the first time."
Prisoner's Defence. I took a cloth off the counter; the halfpence were in it; I deny taking it out of the till.
GUILTY . Aged 34.— Confined Four Months.
1843. CHARLES WATERS , stealing 1 waistcoat, 1 jacket, and 2 handkerchiefs, value 1l. 2s.; the goods of Matthew Bentley; and 1 pocket-book, 1s.; the goods of William Michael Kelly, in a vessel in a port of entry and discharge.
MATTHEW BENTLET . I am an apprentice on board the Agnes, which is lying in the Docks—I was going on board on 10th July, and saw the prisoner, who had no business there—he had my waistcoat on, and was putting on my jacket—I had left them in my chest—I asked what he was doing there—he said, "Nothing."
GUILTY . Aged 25.— Confined Four Months.
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
JOSEPH HARES . I am in the service of Mr. Walker, of Barnet. On 13th Aug. I went to the Cock public-house, at Cock Fosters, about five o'clock, saw the prisoners there, and was in their company about half an hour—I came out, and went to another public-house—the prisoners followed me—I took out my money there to pay for a pot of beer—I left about seven, and went back to the Cock—Osborn followed me in—I left about twenty-five I minutes past eight—I was going to Barnet, and heard a rustling in the
bushes—I walked on faster till I got over a wooden bridge—the prisoners came up. and knocked me down—Whitelock beat and kicked me while I was on the ground—I said, "You may take my money, but spare my life "—Osborne put his hand in my left-hand waistcoat-pocket, and took out a little leather purse with a sovereign, a half-sovereign, three halfcrowns, and two shillings in it—they both ran off towards Cock Foster's, which was about a quarter of a mile off—I went to Barnet, gave information, went back with the officer, and found the prisoners.
Cross-examined by MR. BALLANTINE. Q. Did you see Osborn before they struck you? A. Yes, both of them—I had not seen them before that day—one blow struck me on the side of my face, and I was struck on the back of my head and across my eye—they hurt me much, but did not make me insensible—I had drunk nothing but a little ale at the Cock—I had one quart, and asked the others to drink—Brett took me back to the Cock to show me the prisoners—I saw one of them sitting on the table, the other on the stool—there were several persons in the house—I did not see any particularly who were dressed like the prisoners—one of the persons who robbed me wore a blue, and the other a white smock—they both had caps—I told the policeman so—I could not see their faces to notice them.
MR. ROBINSON. Q. How long did this take altogether? A. Not more than three minutes—I was on ray back, and did not see their faces at all—I have no doubt these are the men—I judge by their dress and by their looks, what I could see of them—I was sober.
THOMAS BRETT (policeman S 141.) I was on duty about nine o'clock—Hares described two men—he had been beaten on the face and the back of the ear—I took one of the prisoners, and my brother officer the other—they correspond with the account that was given of their dress—I found some red stuff on Whitelock's clothes, which appeared as if he had been working in the brick-fields—1s. 4 1/2 d. was found on Osborn.
Cross-examined. Q. Where were you when you were spoken to? A. About a mile and a half from the place—I do not know whether there were other men with caps on—I would not swear whether the other men had frocks—it is a common dress in that part of the country—we have not many brick-fields there.
Cross-examined. Q. What state was he in? A. He had had a little drink, but not enough to make him drunk—he could walk quite well—I saw him go away—the prisoners were then in the tap-room—they remained there all but two or three minutes, when Osborn went to the water-closet—I did not see Whitelock go out—I was only absent while I went to the water-closet—I got to the Cock about half-past seven o'clock, and it was half-past nine or ten when I saw the policeman.
EDWARD TWYMAN re-examined. I was there at half-past seven—we all went out together for about twenty rods to the Tom and Jerry shop—I was in the room when Hares went away—I sat there nearly two hours after he went, and the prisoners remained in the house two hours after—I never saw whitelock go out at all—I went to the water-closet, and met Osborn coming out—he was not out more than two or three minutes.
NOT GUILTY .
OLD COURT.—Thursday, Aug. 24th, 1848.
PRESENT—Mr. Baron PLATT; Mr. Ald. GIBBS; Mr. Ald. CHALLIS; Mr. Ald. LAWRENCE; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Fourth Jury.
Mr. E. LAW conducted the Prosecution.
THOMAS O'BRIEN . I am a coal and coke-dealer, in Short's-gardens, Drury-lane. On Friday, 7th July, I lent, my horse to Thomas Carmody—he was to return it next day—I saw it on Saturday morning, in the custody of the police, at the Greyhound-yard livery-stables, in Smithfield.
THOMAS CARMODY . I am a dealer in coke, and live at 4, Market-street, Fitzroy-market. I borrowed a horse of O'Brien on 7th July—I took it back about one o'clock the same day—the prisoner was with me, and went away with me—he afterwards came to a public-house where I was, and asked me to lend him two or three pence, as he could not get money from his father's—I afterwards saw him at my house—I then heard that he had stolen the horse, and I said, "You thief, how came you to steal the poor man's horse?"—he said, "I did not; if you will let me go I will tell you where it is," and be told me had given it to Dick Witty—I gave him into custody—I saw the horse on Saturday morning, at the Greyhound-yard.
RICHARD WITTY . I live in King-street—I know the prisoner by being about Camden-town. On Friday afternoon, 7th July, between three and four o'clock, he came up to me in Smithfield-market, with a person who asked if I knew him—I said I knew him by being about Camden-town—the man said, "I have been buying a horse of him; did you ever know of his having a horse of his own?"—I said I did not—he said, "Do you know his father?"—I said I did not—he said, "I have been buying a horse of his for five guineas, and I asked him whose it was, and he said his father's"—I then said to him, "Bring the horse into the market, and bring your father, and I will pay him for the horse"—I saw nothing of the prisoner till he was in custody—I gave up the horse to the police, about two hours and a half after.
Prisoner's Defence. The horse was given me to sell by a man.
JAMES HINTON (policeman, s 52). I produce a certificate of the prisoner's former conviction—(read—Convicted May, 1847, of larceny, having been before convicted, confined six months)—I was present at the trial—the prisoner is the person.
GUILTY . Aged 23.— Transported for Ten Years.
(There was another indictment against the prisoner.)
JAMES WRIGHT . I sell fish in Billingsgate, and live in Dock-street, St. George's. About twelve o'clock, on Wednesday night, 12th July, I met the prisoner in Wentworth-street—I did not know her before—she asked me if I would go home with her—I said no—I then went with her into a public-house, and had a pint of porter—we then went into another public-house,
and had two more pints—we staid there half an hour, or better—we then came out—she asked if I was going home—I said yes, and asked her my way to Whitechapel Church—she took me down a street, which I thought was wrong, and I asked a policeman if that was my way to Whitechapel Church—he said no—he put me right, and I left the prisoner, and came up the street by myself—I walked along Osborne-street, and in turning the corner to go home the prisoner met me again, and said, "Dear, you are not gone yet?"—she laid hold of my hand, and forced me up a little alley or court—I just spoke a few words to her, and down I was knocked by two men—I could not see them, but I know they were men by their talking to each other, and one laid hold of my handkerchief from behind—the prisoner was in front of me—one of the men knelt on my chest, put his hand into my pocket, and tried to get my bag out—he could not do it instantly, but they tore it out pocket and all—the prisoner took 1s. out of my waistcoat-pocket; it was loose—my bag contained a sovereign, two half-sovereigns, and 10s.—they then loosened my handkerchief, and I got up as quickly as possible, picked up my hat, and ran away, calling, "Stop thief!"—the prisoner and the men all ran away together—I kept my eye on the prisoner, and never lost sight of her till she was taken—I am sure she is the person—the men escaped.
Prisoner. He was very drunk when he came up to me. Witness. I was not; I knew quite well what I was about.
JOHN SELF (policeman, H 203.) About twelve o'clock, on the night in question, I heard a cry in Osborne-street, Whitechapel—I went up, and saw two gentlemen holding the prisoner—the prosecutor came up, and gave her in charge—in taking her down Osborne-street I saw her put her right hand into her bosom and throw something from her like silver—I looked in that spot at daylight, and found this shilling.
Prisoner's Defence. Two respectable women stood behind me, and they said they had dropped something; it was not me; I am quite innocent.
GUILTY of an Assault . Aged 25.— Confined Six Months.
Before Mr. Baron Platt.
MESSRS. CLARKSON and HUDDLESTON conducted the Prosecution.
ALEXANDER HALLEY , Esq., M. D. I live at 46A, Queen Anne-street, Cavendish-square. I know the prisoner—in March or April last he kept a shop in Great Russell-street, Bloomsbury, as a working-silversmith—I employed him to make me the top of a sporran, or Highland purse—I ordered it to be made of silver—I went and saw it at his shop before it was sent home—I remarked to him that it looked yellow, and said I wished to have the hall-mark on it, that I might be certain it was silver—it was brought home about a fortnight or three weeks after—I saw the prisoner when I paid him—I said to him, "I suppose it is good silver, as there are marks on it?"—he said yes—I have got the bill and receipt—I paid him 4l. 10s. for the sporran and tassels; but he had more, as there were various articles—this is the sporran (produced)—it is worn in front of a Highland dress—I paid for it as silver.
Cross-examined by MR. PARNELL. Q. Where did you order it? A. At Gordon's shop—I did not bargain about the price before it was made—I
said I wished the price to be moderate—I have seen the witness Johnson at Gordon's shop—he may have been present at the time the conversation took place about the hall-mark; I do not recollect whether he was or not—it came home early in May—the first notice I had of its not being pure silver was from Goldsmith's-hall—they received information, and sent to me for it about three weeks or a month ago—this was the first transaction I had with Gordon—I am a Scotchman—he was recommended to me as patronized by the Highland Society.
JEREMIAH FULLER . I am chief assayer of the Goldsmiths' Company. I received this purse on 2nd Aug., for the purpose of being assayed—I assayed it—it is not silver—the ingredients of standard silver are 1loz. 2 dwts. of fine silver to 18 dwts. of copper in the 12oz. lb.—this is 2oz. 18 dwts. worse than standard—the Goldsmiths' Company would not permit the mark to have been put on such an article as this, as silver—it would be base metal—it is the practice if anything of this sort is brought there, which is not up to standard to break it to pieces.
Cross-examined. Q. It would be one-eighth or one-ninth part less valuable than if it was standard silver? A. Considerably less than standard—standard silver would be 5s. to the ounce, and this is about 3s. 8d.—it is only those persons that have their punches entered at the company who can get the mark put on—I am not aware that the prisoner is one, nor Johnson—there are a good many working silversmiths not entered at the company, who get a friend who has his name entered, to get things marked for them—the company first had information about this on 1st Aug., and I went to Dr. Halley—I got my information from the solicitor of the company—I do not know where he got his information from—I have not seen Johnson at the hall.
MR. CLARKSON. Q. When an article is manufactured, may it be sent into the world without bearing the mark of the company? A. No—those who have not punches frequently submit their goods to those who have them, to get them marked—I have no doubt of this being a proper mark of the company's.
COURT. Q. How long have you been assayer to the company? A. About eight years—I have become acquainted with the marks—I should call this a mark let in, transposed (pointing it out)—this is not the mark for an article of this description, it would be the mark for a spoon—according to the quantity of copper used in the metal, it would be more or less yellow.
JOSIAH SHARPE, ESQ . I am deputy-warden of the Goldsmiths' Company. I have examined the rim of the mounting of this purse—it is not such a mark as is used for this species of article, but for tea-spoons and other small spoons—the letter "I," in old English, is on it—that letter is used to denote the year in which the article is stamped—that is not the proper letter for the present year—it was used last on 29th May, 1845—a different letter is used every year—the proper mark for such an article as this would have been altogether different—part of the marks would have been put on the front of the clasp and part on the back, to prevent the possibility of a part of this being made use of and attached to a piece not hall marked, and there would also have teen a small mark on each of the mountings of the tassels and all the small movable pieces—the mark on the front would have been the lion passant and the leopard's head—I believe this mark has been let in.
Cross-examined. Q. What mark is on it now? A. The lion passant, the letter for the year, the leopard's head, and the Queen's bead—if it was properly marked, the Queen's head and the letter would have been
placed on the other side—the lion's head and the leopard's head would be there, but all the marks would be differently arranged—an ordinary working silversmith ought to know that this was not the correct mark—if he is in the habit of sending manufactured work to Goldsmiths' Hall, he must know it, or if he was in the habit of making articles of this description—we do not mark very many of these in a year—the prisoner's name is not entered at the hall, nor is Johnson's—I knew nothing of them before—it was Johnson who gave me the information.
COURT. Q. Do you put the Queen's head on all articles? A. Yes; and the leopard and the letter for the year, but the difference is in the arrangement—this mark would not be used for large spoons—tea-spoons are marked by a press, at a single blow, but such articles as these are marked by punches put on by hand, with a hammer.
JAMES JOHNSON . I am a working-jeweller, and live at 20, Vere-street, Lincoln's-inn-fields. I knew the prisoner at Edinburgh, and worked as a shopmate with him there—I met him in London, about two years ago, and since then have at times assisted him in his work—I remember the order of Dr. Halley, for the sporran—I went into Gordon's shop just after he had got the order for it—he said he was rather busy, and would I assist him in making the purse—I said I would—this is it—I got the metal from Gordon—I was in the shop when Dr. Halley called about it—it was not then finished—the doctor said that he wanted it made of good silver, that he did not think it was silver, and he wanted it hall marked—the top part of it was mounted at that time, except two little bits at the side—the chasing was on it before it went to be mounted—after Dr. Halley had left, Gordon said that he would get a tea-spoon, and take the stamp from that, and solder it in—he asked me to do it—I said I would not do such a thing for 50l.—I said he had much better break it up, and get a good one at once—I knew at that time that it was not proper metal—I laid it down and went away—that was about six o'clock at night—I went back in the morning, and the stamp was in it—(I had mounted it before that—I made all the silver part of it, except the chasing)—Gordon asked me if it was not done very neatly—I think I made the same remark that I did before, that I would not do the same thing for a good sum of money—when it was finished I accompanied the prisoner to Dr. Halley's door, and handed the purse to a servant, with the bill—I did not get paid for it—about a fortnight after I had a quarrel with the prisoner, and left him—it was somewhere in May that Dr. Halley called—I took the purse home, between two and three days and a week after that.
Cross-examined. Q. How long did you remain in the prisoner's employment after taking the purse home? A. I was never in his employment, except just assisting him for a day now and then—I was paid for my assistance—it was while I was working for him that we quarrelled—I think it was about the middle of June—when I had nothing else to do, I used to go and help him for an hour or two—that went on for about eighteen months—I never asked for payment till I was entirely out of work—I have not been out of work till lately—I was employed by Mr. Mosely, of Fetter-lane—I have left him thirteen weeks—I tried to get work after that, but was not successful—I have very good references from persons who know me very well—I never was in a court of justice before—I was brought up as a jeweller, at Edinburgh—I left there three years ago, to better my circumstances, that was my only reason—there is a goldsmith's company in Edinburgh—I had no quarrel with them—I was never informed against for defrauding the Edinburgh company, of stamps—I was never a pedlar—I was a working-jeweller, in
business for myself, and employed by customers in the country—I went from town to town—I did not go about with a pack, I had a box—I did not take out a hawker's licence—I had a plate licence—they asked me about it at Haddington, and when I showed it, they told me I was perfectly justified in what I was doing—I was not hawking, I was supplying the trade—I was not convicted for hawking without a licence—I know a Mr. Shanks, of Edinburgh—he did not give me some goods to show to Lord Weymess, at Gosport-house—I had goods from him, and he from me, to show at different places—I never pawned any of his goods—I know Mr. Boston, and Mr. Brown, jewellers, at Edinburgh—I did not pawn any goods of theirs—I had a shop in Leith-street—I did not succeed, and became a bankrupt, and Mr. Shanks and Mr. Boston both went and pledged some articles in my name, and left me the duplicates of them, to take them out if I could—I have got a line from Mr. Shanks, showing that he received them from my hands—they did it for the purpose of lending me the money—it was at the time my stock was being sold off—I mean that they pledged their own goods in my name to lend me the money—(looking at a paper) I think this is Mr. Shanks' writing—I swear I did not get 20l. worth of goods from Mr. Shanks, to show at Gosport-house, and undertake they should be returned if not sold, and then pawn them—I cannot say that I know these pawn-tickets (produced)—I see my name on them—they were in my possession—they were the pawntickets of the goods pledged by Boston and Shanks in my name, to lend me the money—I never had it in my power to repay them—they got the duplicates from my wife, in my absence—my wife is alive now—I have unfortunately had more than one wife—they were not alive at one time—my wife lives with me now, and my family, at 20, Vere-street—I was not present when Dr. Halley gave the order for the purse—I was present when he came and said it was to be hall-marked—I had about 7s. 6d. for making it, not 18s.—I do not know a man named Wood—(Wood was here called in)—I do not know him by sight—I did not bargain with the prisoner, and say I would make the purse-top, and get it hall-marked for 18s.—I did not tell him, at any time, that I would get it hall-marked for any price—I never offered to get it hall-marked—I cannot recollect the prisoner paying me some money at a public-house, in May—I got 13s. or 13s. 6d. from him in his shop one Saturday night, and at the time I left I had a few shillings—I had 2s., 3s., or 4s. at other times—I cannot recollect that I ever received 10s. at a public-house—I cannot swear I did not—I have been at the Tavistock Arms, in Great Russell-street, several times—I do not recollect receiving 10s. from him there, nor did he say, "This is for making Dr. Halley's purse, and for Hailing it, and as you have received 5s. or 6s. already, I shall settle the balance to-morrow "—I do not recollect that that took place at the Tavistock Arms, in the presence of Wood who was called in—I do not think it happened—he said nothing of the kind—I have not threatened to shoot or to murder the prisoner—I know Mr. Evans, a surgeon—I did not tell the prisoner, in Mr. Evans' presence, that I would murder him, nor did I tell Mr. Evans that I would murder the prisoner—there were words on 28th July, between me and the prisoner, in a public meeting—I might then have said something about ruining him—he did everything he could to injure me—I did not say I would murder him—I have got goods hall-marked in Scotland—I never got things hall-marked for Gordon—I never made up any goods for myself in London, nor for any other person—my employers always sent tne work to be hall-marked—I have not seen persons bring goods to Gordon, hall-marked—I believe he used to get his refiner, Mr. Wilby, to
get his goods hall-marked—Wilby never got anything marked for me—I do not know Anderson, silversmith, at Edinburgh—I was not employed by him.
COURT. Q. Was your quarrel with Gordon about the settling of your accounts? A. No; I was working with him at the time—I left off work that day, and went back two days after to settle accounts—the quarrel was about a diamond snap that was brought to the shop by a piper, named Mackenzie—I made no demand of money of the prisoner—he electro-plated some few things for me after our quarrel, and that took up the amount of money due, and left me in his debt 2s. or 2s. 6d.—I have not paid that—I have not had it in my power or I would have done so—I did not communicate this matter at Goldsmiths' Hall, in order to be revenged on him—he traduced and assailed my character about the town, and I made this communication to be revenged on him—there were no other workmen assisting Gordon while the purse was made—it was made in his shop—I got the metal from Gordon—I do not know where it was melted—it was chased before I had it.
MR. PARNELL called
CHARLES HERBERT WOOD . I am a pearl engraver, and keep a house at 20, John-street, Westminster. I have known the prisoner upwards of two years and a half—during that time he has borne a very good character for honesty and respectability—he has done near 100l. worth of work for me as a mounter—I know his shop—a great part of his work he sends out to be done—I know Johnson—I was at Gordon's shop as Dr. Halley went out from giving the order for the purse—I was outside the door, and came in as Dr. Halley came out—Johnson was there.
COURT. Q. Can you point out Dr. Halley? A. I cannot, because I was not in the shop when he was there—I was going in, and when I saw the gentleman in the shop, I went outside and remained there, because my business was private—I cannot tell whether he was a tall or a short man, he was not particularly tall—I think he was rather stout—I cannot exactly recollect, for I never saw him before.
MR. PARNELL. Q. Was there a conversation going on when you went in? A. Yes; between Mr. and Mrs. Gordon and Johnson—Dr. Halley's name was mentioned—I heard Johnson say he would make the purse-top, and get it hall-marked for 18s.—I was at the Tavistock Arms on Friday, 26th May—Johnson and Gordon were there—I saw Gordon pay Johnson 10s.
Q. Did you hear Gordon say, "This is for making Dr. Halley's purse, and for Halling it; and as you have had 5s. or 6s. already, I shall settle the balance to-morrow? "A. Yes.
COURT. Q. What was it that was said? A. Johnson said, "I want some money, Gordon"—he said, "What do you want?"—Johnson said, "What can you let me have? "—Gordon said, "I Can let you have 10s.; you have had some during the week; what have you had?"—Johnson said, "5s."—Gordon said, "Then I can let you have 10s., and if you will come to-morrow night, I will let you have the remainder"—that was all.
MR. PARNELL. Q. Did he say what it was for? A. Yes—he asked what he had done with the receipt, and he said the doctor was not at home, but he had left the bill, and brought the receipt back—I think he said the 10s. was in part payment for making the purse, but I will not be positive—he said, "You have had 5s. already on the purse, and if I give you 10s. will that do?"—he said, "Yes," and he should have the remainder to-morrow—this
occurred at Mr. Davis's, the Tavistock Arms, where we generally go—nothing was said about the mark on the purse at the time.
----MR. GREGOR. I am a sadler and harness-maker, at 79, Berwick-street, Soho. I was with Gordon and Johnson on 26th May, at a public-house in Great Russell-street, nearly opposite Gordon's shop, and as they were leaving I saw Gordon put some money into Johnson's hand—I do not know what it was—I heard nothing said—I have known Gordon about two years—all the transactions I have had with him have been most honorable and I have heard every one say the same.
(John Clark, teacher of music, 5, Thornhill-street, Pentonville; Charles Mackay, Secretary to the Highland Society; George Hall Mackenzie, jew-eller, in the prisoner's employ; George Kingcomb, printer, 130, High-street, Camden Town; and Thomas John Evans, surgeon, 5, John's-row, St. Lukes, also gave the prisoner a good character.)
GUILTY . Aged 40.— Transported for Ten Years.
MR. PAYNE conducted the Prosecution.
WILLIAM GEORGE LEATH . I am ten years old, and live with my father and the prisoner, who is my mother, at 27, Carburton-street. I recollect the doctor coming—after I had had tea that day, I was very sick and in pain in my belly—I have two younger brothers—they were sick at the same time—my mother was in the room with us, and no one else—after we had tea, my mother gave us something like milk to drink—I tasted it and said, "Mother, it is nasty"—I said I could not drink any more—she gave me a 1/2 d. to drink some more of it—I did not drink any more—my mother told me to go to my aunt and tell her to come round.
Cross-examined by MR. J. COOK EVANS. Q. Can you recollect what time you had tea? A. No—I think it was light—my father was not at home—he had been at home since the morning, but was gone out again—I was at home all day—my mother gave us all our meals—we had bread for tea—there was no tea-pot used, only the jug—my brothers drank out of the jug as well as me—we drank nothing out of a tea-cup—what I tasted was not sweet—I did not drink a tea-spoon full—I just put my lips to it and tasted it—my mother did not—tell me to taste it—I held the jug—it was on the tea-table—there were the cups and saucers there—I drank first—my mother was in the room then—I do not know what she was doing—there was a fire in the room—what I drank was quite cold—I was not poorly before tea—I was quite well, and so were my brothers—one of them is ten years old, the other two—I see my father every morning—he sleeps at home—we have only got one room—my mother has always been kind to us—there was no milk fetched that afternoon, as far as I know—I did not take it in—the milkman generally brings it—my brother does not take it in—I and George are the same age.
MR. PAYNE. Q. Who gave you the stuff that was nasty and looked like milk? A. My mother—there was nothing to drink but what was in that jug.
MARY LEATH . I am the wife of James Broughton Leath, of Buckingham-place, and am aunt to last witness—he came to me on Tuesday, 18th July, about five or ten minutes to eight—he seemed very excited and frightened—I went to his mother's—I got there about three minutes before the doctor—I saw the prisoner—she said, "Mary, I have given the children something"—she seemed very excited, almost in a state of madness—Mr. Lawson,
the surgeon, came—she told him she had given them some sugar of lead—her husband was not at home—he has been out of work for twelve months, and the whole support of the family has been the prisoner's industry and hard work.
Cross-examined. Q. How long have you known her? A. Upwards of fifteen years, long before these children were born—she has been a most kind, affectionate, industrious, and humane mother—when I went into the room she hardly knew what she was about—the children soon got well—one of them was playing about an hour afterwards, I have kept him ever since.
WILLIAM LAWSON . I am a surgeon, at Cleveland-street, Fitzroy-square. On Tuesday evening, 18th July, I went to 27, Carburton-street, and saw the prisoner—the children, the aunt, and, I think, the uncle were in the room, and one or two others—the eldest boy was vomiting very copiously, and writhing with pain in the bowels—the symptoms indicated the presence of some metallic poison—the other children were crying, whether with pain, or with the noise that was going on, I cannot say—when I went in, the prisoner called out to me, "Save the baby! save the baby! I gave him most of the poison"—I asked whether she had taken any of it herself—she said, "Certainly not"—she was not sick, and showed no symptoms of having taken poison—I administered emetics, and the second child was well next day—this boy was tolerably well next morning, but was still in pain—there were teathings on the table, and a jug, containing what I at first thought was milk—I asked what it was, and was told it was not milk, but a solution of sugar of lead—I tried it by chemical means, and found that account was quite right—it was a very powerful solution—I gave the contents of the jug to a woman in the next room, who said she would lock them up, but they have never been found, she says some one came for them, in my name, and she gave them up, and they were thrown away—I think this boy would have died, if medical assistance had not been at hand.
COURT. Q. The stomach was rejecting the poison when you arrived? A. Yes—I do not think the stomach would have gone on to reject all the poison, it is not impossible—the room presented the appearance of poverty.
Cross-examined. Q. Are you a member of the College of Surgeons? A. No, I am a licentiate of the Apothecaries' Company—this boy had vomited a great deal I was told, and was still vomiting when I was there—I did not analyze anything which was rejected from his stomach, or preserve any of it—the three children were vomiting all over the room, and on the beds—there was no vessel used—what was in the jug was cold, it appeared like milk, slightly curdled, it was of a light colour towards the top—if sugar of lead is dissolved in water, it would be opaque—goulard water is made from it—that is a solution of acitate of lead—it is not a sub-acitate—it has been called a super-acitate—I am acquainted with Taylor's Medical Jurisprudence—I do not know that he says goulard extract is formed of sub-acitate of lead—it would not make any difference in its poisonous qualities—I tasted it, it had a sort of sub-acid sweet taste—I tested it by litmus paper, to ascertain whether it was a more active poison—it slightly reddened it, which denoted the presence of acid—oxalic acid would have made it very red—any mineral acid would produce redness in different degrees—I tested it to influence me as to the antidote—I afterwards added a solution of hydro-sulphate of potash, which precipated black—the boy's symptoms were, rolling on the bed and drawing up his legs, a sort of convulsive appearance—the mouth was of a grey colour, he had great pain in the abdomen—it is not the effect of taking sugar of lead that the pain is eased by pressure—I have known cases where
persons have taken sugar of lead accidentally, and I think the pain has been increased by pressure—I will not be positive—I should think twenty or thirty grains would be sufficient to produce the effect I saw on this boy—it would take an ounce of water to hold that quantity of sugar of lead in suspension, that is two table spoonfulls of water—that would make the sort of solution I saw—about three grains will render a quart of water milky—I said to the prisoner; "What induced you to do this?"—she said she was in distress, and had been threatened with a distraint for rent—she expressed great anxiety about all her children—she seemed in strong bodily health, but very distressed and excited—she was rocking backwards and forwards on a chair, and exclaiming against her folly.
COURT. Q. What should you judge of her mind? A. It was not impaired—I should say she was distressed—I do not think she is insane—the woman who said the prisoner had given the child sugar of lead, was standing close by her—it was then that she said, "Save the baby, sir, I gave that the most of the poison."
JAMES NEWMAN (police-sergeant, E 9). I went with Mr. Lawson to the house, and found the prisoner and three children—they seemed very bad indeed—I heard him ask whether she had taken any poison—she said she had not, and said, "As soon as I had done it I sent the boy to tell his aunt"—I left a constable in the passage in charge of her, as she was too ill to be taken away.
(Elizabeth Gamble, widow, and David Taylor, greengrocer, both of Carburton-street, gave the prisoner a good character.)
GUILTY. Aged 38.—Strongly recommended to mercy by the Jury. — DEATH RECORDED.
NOT GUILTY .
1851. GEORGE THOMPSON and SAMUEL WALLIS , for a robbery on Isaac Crew, and stealing from his person 1 pair braces, 1 seal, 1 comb, 1 key, and 1 sovereign, and ANN WALLIS receiving the same; to which SAMUEL WALLIS —pleaded GUILTY . Aged 28.— Confined One Year.
MR. BRIARLY conducted the Prosecution.
ISAAC CREW . I am a labourer. On the morning of 14th July, between seven and eight o'clock, I was outside the Crown public-house, drinking with the prisoners—I had a basket with a pair of braces, an old shirt, an old stocking, and one old shoe in it—I went into the public-house with Thompson, leaving my basket on the seat outside, and when I came out it was gone—the other two prisoners had remained outside—I made an excuse to go away, and the female prisoner and another would go with me—I had been at work with the two men in the haytime—I made an excuse to leave them, and went into Mr. Coster's farm-yard, about a quarter or half a mile from the Crown—I saw them looking back—I went along the meadow, across a path which brought me into the high-road again, on purpose to get away fron them—as I went along, the three men ran after me—I thought they should not have my money, and put two lots of money in the hedge—I left a sovereign in my pocket, in paper—I thought they would not find it all—they could have seen me put it there—they came up to me and said nothing, but threw me down—when I was down, they said I had their money—Thompson was at my legs, one who is not here, at the forepart of me, and the other searched my watch-pocket and pulled the money out—I am sure there was a sovereign there—they pulled my shoes off, and then my trowsers and shook them—I did not see anything fall out—I had a comb there, and a watch
seal a key, chain, and a bone heart, they fell on the ground—the men went to look for the money in the hedge—Wallis came back, and I refused to let him have the comb and things—he knocked me down and cut my eye open—I did not see my things till some time after—this shirt and other things are mine (produced).
Thompson. Q. What had you to drink that morning? A. Two or three little glasses of rum—we had two pots of half-and-half, but I did not drink half a pint of it—Glennister was not there, Flarry was—I was not tipsy, I was singing, but I did not like the party, and left—I lost my basket—I asked a man to let me go into a barn, as there was a party outside who wanted to get my money from me—I had 34s. 6d. in my pocket—I was frightened, and do not know how much I put into the hedge—I pulled what I could out of my pocket, bnt not the sovereign, it was in paper—I did not chuck it down, I stooped, and put some in the hedge, against a tree—I do not know which threw me down—the man who is not here said I had 15s. of his—I had half-a-pint of porter, and you said, "Have another"—I said, "No," and you fetched it—I would not pay for it—then you brought a pot of ale, and forced it upon me—I saw you wanted to make me spend my money, and made an excuse to go away—you wanted to make me drunk.
THOMAS SMITH . I am potboy at the Welsh Harp, at Hendon. On 14th July, between five and seven o'clock in the evening. Ann Wallis came to the tap-room door, with a basket and kettle, and asked me to take them into the stable—I did so, and brought them out again between ten and eleven, and gave them to Gilliam—Crew was present.
Ann Wallis. Q. Was not it standing on the ground? A. I did not see it in your hand.
THOMAS FLURY . I keep the Welsh Harp, Edgeware-road. On 14th July, between five and seven o'clock, Ann Wallis asked me to let her leave a basket and can there—I said, "The boy shall put it into the stable presently for you"—she put it on the ground, and the boy took it up—Gillott came between nine and eleven with Crew, and a policeman had the prisoners—I said, "You are the parties who left a parcel"—it was brought out by the potboy, and opened in their presence—it contained these things—(a shirt, pair if braces, a seal, key, and basin.)
Ann Wallis. Q. It is false; will you swear vou saw me put it down? A. Yes.
JOHN COSTER . I am a farmer, of Wilsden. On 14th July I saw Crew go into the field as fast as he could—I asked where he was going, as there was no path—he made no answer—I said, "I know you have got something you should not have, or else you would stop to answer me"—he said, "I want to see Master Coster, to ask him the way to the Edgeware-road"—some, men came up, and got him down—I asked what was the matter—they said they had been at work for somebody overnight, and he had been paid for the whole of them in gold, as their master had not silver enough, and was decamping with it—they said it was in his shoes, and took them off, and then his trousers, and shook them—a small piece of paper came out, but I saw no money—one man said, "It is not my money, but I serve at the bar, and am answerable for it," and he had as much right to his money as the other people had to theirs-Crew kicked as much as he could—he did not tell me they were robbing him—they made out that he was the robber—I think they had had too much drink—he hardly knew where he was—one of my haymakers was
with me, and both thought Crew was the aggressor, or else I could hare prevented it.
Thompson's Defence. I was told he was gone across Mr. Coster's field; I went, and found the men had got him down; all I asked him for was 18d. for some rum, which was owing me, as I pay for everything I have at the bar; I did not assist in taking his things off.
Ann Wallis' Defence. The basket was given me to take care of; I did not know what was in it.
THOMPSON and ANN WALLIS NOT GUILTY .
ISAAC CREW . On 14th July, between seven and eight o'clock in the morning, I was at the Crown, at Hendon—the prisoner was there—I had a basket, containing a shirt and a pair of braces—I left it where I sat, and went inside—I came out in a minute or two, and missed the basket—I went away with the prisoner in the evening—the basket was shown me at the Welsh Harp by the potboy, in the prisoner's presence—these are my things—(produced.)
Prisoner. Q. Were any of the men gone when you came back? A. I cannot say—you had time to take it into the tap-room while I was gone.
THOMAS FLURY . On 14th July, between six and seven in the evening the prisoner asked me to let her leave a can and basket till the morning—I said, "Put it down, and the boy shall fetch it presently, and put it in the stable"—this is it—(produced)—afterwards Gilliam came, the basket was produced, and Crew owned the things.
Prisoner's Defence. A man named Glennister asked me to take care of it for Crew till the morning.
NOT GUILTY .
NEW COURT.—Thursday, August 24th, 1848.
PRESENT—Mr. Ald. GIBBS; Mr. RECORDER; Mr. Ald. FARNCOMB; Mr. Ald. CHALLIS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Sixth Jury.
GUILTY . Aged 21.— Transported for Seven Years.
GUILTY . Aged 13.— Confined Seven Days.
FORD—pleaded GUILTY . Aged 18.
BANKES—pleaded GUILTY . Aged 24.
Transported for seven Years.
GUILTY . Aged 21.— Confined Twelve Months.
GUILTY . Aged 17.— Confined Six Months.
Before Mr. Recorder.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
FREDERICK BESLEY . I am one of the partners in the firm of John Ismay Nicholson and Co.—there are three partners—we carry on business at Nicholson's Wharf, Lower Thames-street—we have a wharf and warehouse for the reception of goods—the prisoner came into our employ in Feb., 1847—we have different floors for the reception of different goods—the prisoner had the sole charge and superintendence of the fruit floor—he came on 30th May, in the morning, stated he was not well, and left before I arrived—from that day he did not attend his duty at the warehouse—I sent a man to him next day, and I went myself on the following Saturday to the place he lived at—we could not find him—I had caused an examination to take place on the floor under his care—a person called several times at our counting-house, and on two occasions I had conversation with that person—and I received this letter, which is in the prisoner's writing: (read—"July 24th, 1848, 28, Mount-street, Whitechapel. Gentlemen,—I arrived in London last night, after travelling 200 miles, to meet your wishes and that of my friends, who advise me to wait upon you and give you every information that I can respecting the missing goods, &c. For that purpose, gentlemen, I am now here; I am anxious to throw every light in my power, on a transaction which I fear my continued absence has given a colouring anything but favourable to my character. Awaiting your commands, I am, Gentlemen, your obedient humble servant, WILLIAM HENRY SMITH.—To Messrs. Nicholson and Co.") The prisoner came to the counting-house on 29th July—I stated to him that there was a large deficiency in his department, handing to him a paper containing the amount of the deficiency, 105l.—he said he could explain the deficiency he thought, and I gave him till the following Tuesday to do so, which would be 1st Aug.—I saw him on 1st Aug., but did not enter into it then because I was engaged—he came on 2nd Aug., by appointment—he said he would explain the deficiency in one particular parcel, that of Stubbs and Church's—he said there was an error in the delivery—I told him that error had been corrected, that they had acknowledged receiving eleven boxes more than he had charged against them—the total number of boxes of Stubbs and Church's which appeared by his account to be deficient was fifty—that eleven made thirty-nine to be accounted for.
Cross-examined by MR. BALLANTINE. Q. Was Stubbs and Church's a single transaction in the delivery? A. No—the delivery extended over several months—there were other deliveries of goods at the same time—the delivery goes on constantly on that floor.
MR. BODKIN. Q. Did he give you any explanation of the other items? A. He said he thought the two bags of pepper were in the warehouse—they
were Messrs. Pecks'—the explanation was not satisfactory, and I gave him into custody—our firm has paid for the loss of these things.
MR. BALLANTINE. Q. You are only brokers, you only hold the goods? A. We are warehouse-keepers—we warehouse the goods for the parties—a large quantity of goods go through our warehouse—many thousands of cash pass through our hands in a week—the prisoner had a deputy under him and a casual man—the deputy would not have the power of parting with goods without the consent of the prisoner—if an order came in the prisoner's absence, the deputy would probably have the power to deliver goods, but it was the prisoner's business to be there—if he neglected and kept out of the way, the deputy would have his business to do for him, but he could not act without orders from the merchants, which are sent and filed in the counting-house—the Custom House entry would show the goods we had—the goods are frequently delivered without a bill of lading—our books show the goods we have—we take an account of the goods we receive—we have nothing to do with the value—we ascertain the amount of their deficiency by the bills which the parties bring us to pay—I dare say the parties have bills of lading, and on the finding of the bills which the merchants would receive they claim the value of the goods at the market price—a gentleman who is here was in the warehouse after the prisoner left, and he assisted in taking stock.
MR. BODKIN. Q. When goods are landed, are they entered in a landing book? A. Yes—that book is here—so far as it regards the fruit floor. it was the prisoner's duty to make in his own writing, an entry of the goods there—he is not permitted to suffer anything to go from that floor without the merchant's order on the other side of the book, and from comparing those two, and looking at what is in the warehouse, we have ascertained the deficiency, and that we are called upon to pay at the market price.
COURT. Q. Then there is found a deficiency of the goods received, which he has acknowledged to? A. Yes.
CHARLES CLARK . I am landing-clerk, in the employ of Messrs. Nicholson. On 11th Nov., 1847, there were landed at—Nicholson's Wharf, from the ship Nimble, 2642 boxes of raisins—they were deposited in the fruit floor, of which the prisoner had the care—they were imported on account of Stubbs and Church, and marked with a diamond and C----when I went into the fruit floor I asked the prisoner if he had made them all right—I cannot remember the words he used, but he gave me an admission of some sort or other—here is the warehousing book of that day—here is the entry in the prisoner's writing—he charges himself with the reception of these boxes—on 2nd Dec, 1847, we received 200 bags of white pepper by the Felicity, numbered from 1 to 200, on account of Peck and Co.—in the prisoner's book, in his own handwriting, he charges himself with having received them—I saw him on that occasion, and he gave an admission of some sort or other of having received these goods—on 19th Nov. I received sixty-nine boxes of Jordan almonds by the Leonidas from Malta, marked O, on account of John Dalgleish—in the prisoner's warehousing book here is the same entry—on that occasion I agree in amount with him—all those goods were placed in the fruit floor—on 9th Nov. I find an entry of twenty-eight baskets of raisins by the Stanhope—in the warehousing-book here is the same entry in the prisoner's handwriting.
Cross-examined. Q. You say the prisoner gave you an admission, tell me what you said to him and he to you? A. I asked him if he had received these quantities—I mentioned the quantities—I think he said, "Yes"—I cannot tell what was the word—if he had said, "I dare say it is all right," I
should not take that for an answer—I should only take the account from him—I do not know whether any one helped him—I am not engaged in the warehouse—it requires a person to be continually on the spot, to watch the landing.
MR. BODKIN. Q. You have read from his book these different numbers entered in his own handwriting? A. Yes—the wharf where I do my duty is a distinct place from the warehouse where he does his—he arrives at the numbers which he enters, by counting the goods over in his warehouse—I do not give him a list of the goods till he has counted them—on each of these occasions he has entered in bis book figures which correspond with my list.
WILLIAM JOHN SHOTTER . I am clerk to Messrs. Nicholson and Co. I produce the book kept by the prisoner—on the delivery side of the book I find in the prisoner's writing the weights and quantities of goods let out from the warehouse—here is the entry of 3642 boxes of raisins marked C in a diamond to Stubbs and Church, and on the delivery side he enters a delivery of 3592; there ought to have been fifty boxes remaining—I was present when the warehouse was examined after he left—I did not find one of these fifty boxes there—I have not the delivery of the 200 bags of pepper by the Felicity, but the deficiency of them was two bags—the books have been kept in such a loose state that they do not agree—he has not posted the discharge of this pepper as well as the receipt; but in the delivery-book here is an account of the delivery, and it appears from that that there were two bags deficient—here is the entry of sixty-nine boxes of almonds by the Leonidas—there is a deficiency in them of five boxes—the whole should have remained in stock—there is no order for any delivery of them—there should have been 150 packets of raisins in the warehouse—they had been weighed on 11th May—122 of them appear to have been delivered, leaving twenty-eight deficient—after 11th May there was no order for the delivery of any of them.
JOHN CHRISTIAN CHURCH . I am clerk to Messrs. Stubbs and Church. In Nov. last we imported a large quantity of boxes of raisins—we claim a deficiency of thirty-nine boxes—we have been paid about 42l. for them.
JOHN DALGLEISH . I am a fruit-broker, in Mincing-lane. I had sixty-nine boxes of almonds, marked O, at Nicholson's wharf—I claim a deficiency of five boxes—I have been paid between 9l. and 10l. for them.
----WESTWICK. I am in the employ of Messrs. Peck. We claim a deficiency of two bags of pepper, out of some pepper warehoused at Nicholson's wharf—the amount was about 10l.—it has been paid.
MICHAEL HAYDON (City-policeman 21). On 9th June I received directions to search for the prisoner—I could not find bim—on 2nd Aug. I was at Nicholson's wharf, and received him in custody—I found on him this memorandumbook. The contents of the book being read, were as follows:—"In this unpleasant business of ours, I find I have but two alternatives; the one is, to confess all I know to N. and Co.; the other is, to leave the country. N. and Co. have told a friend of mine who called upon them to plead in my behalf, that if I will tell all, and who bought the goods, they are inclined to be merciful towards me. Now, if I do this, I must compromise you most fearfully. I do not wish to do anything of the kind; I wish to leave the country for ever. I have made arrangements to do so, and my friends are trying to raise money to accomplish this. I think, taking all things into consideration, you ought
to contribute towards this object. 2l. would greatly assist me; and I think you will see the great necessity there is. 2l. would make up the sum necessary to take me quite away, and I think I have every right to call upon you for that amount; your safety so much depends upon it. I therefore expect that you enclose me a Post-office order for that amount, so that I may get the money to-morrow before twelve o'clock. Do not fail in this, as worse may follow."—" Gentlemen, I wish to address a few words to you touching the unfortunate affair now at issue between us, before I leave this countryfor ever. You apprehend that I have robbed you, and unfortunately appearances are greatly against me; but although I have been mixed up in one or two matters which has to some extent compromised me, yet they cannot be set down as robberies. A counsel at the bar must greatly pervert the truth to induce any jury of Englishmen to bring in a verdict against me. That goods have been missing, I was well aware for some time past; but I can most positively state that I was quite ignorant how they went. I was thunder-struck, and I positively would (indeed I made an effort to raise the money) have paid up all deficiencies if I by any possibility could; but 70l. was a great sum for a poor fellow like me to raise. But if God spares my life, and if I have ever so moderate a share of success in the new country to which I am bound, I most solemnly promise to remit you money by instalments till every defalcation is made good to you. Messrs.----ought to take into consideration, in proof of my innocence, that had I been so disposed, I could have taken goods of much less bulk, and much more valuable than fruit; in fact I could have robbed them of hundreds, in lieu of the paltry amount charged against me. The facilities, to persons dishonestly inclined, to rob, are greater at N. W. than I ever remember to have seen at any other W. wherever I have been. Not only can the foreman deliver any quantity of goods without the slightest check, but even the very labourer employed, can, in his temporary absence, send out goods with ninety-nine chances out of every hundred in their favour of never being detected. Your own words, so often repeated to me, to keep a sharp look-out after the fellows, for they would rob you before your eyes, would prove that you were not ignorant of the facilities afforded to the evil-disposed. Messrs.----will I hope ponder over this, and cause some alteration in a system to which I have fallen the victim; a knowledge of this fact would make importers of goods think twice before they sent their goods; and however glad I am that there is every probability of my escape from the disgrace of a public prosecution, I am equally glad that a further injury will not fall upon my late employers through my instrumentality. Is conclusion, I beg to state that so paltry a robbery is not at all in accordance with my character. I am either good or bad in great degrees. Had I robbed you at all, it should have been to some amount; had I robbed you at all, rather than allow myself to have been compromised, I would have fired the warehouse." (There were several other memoranda of letters, addressed to a gentleman at Liverpool, earnestly soliciting his assistance in procuring him employment.)
(The prisoner received a good character.)
GUILTY . Aged 36.— Confined One Year.
Before Edward Bullock, Esq.
GUILTY . Aged 18— Confined Six Months.
CHARLES EDWARD STRUTT . I live at Chelsea. On the afternoon of the 29th July I was walking on Holborn-hill—I felt some one at my pocket—I turned, and saw the prisoner close behind me, and no one else—may handkerchief was on the ground, between us—I took it up—the prisoner ran away—I ran after him—another man caught him, but I did not lose sight of him—he said it was not him.
GUILTY . Aged 15.— Confined Six Months.
1861. ROBERT SAMMON and THOMAS HARRIS , stealing 3040 square inches of glass, 3 plate-glasses, 12 dishes, 1728 night lights, 146 boxes, and 1 packing-case, value 15l.; the goods of William James Chaplin, and another: and RICHARD ELSWORTHY , feloniously inciting them to commit the said felony, and for receiving the said goods.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
JAMES BROOK . I am in the service of Rose and Co., china-manufacturers, of Newcastle-street. On 28th June I packed some china in a case, about three feet long—they were to be sent to the Brighton Railway—I delivered them to Arnott.
Cross-examined by MR. CHARNOCK. Q. Who gave it to you? A. I saw it packed by Mr. Brooks, on the evening before—I took it by order of our foreman.
GEORGE WOOD . I am carman to Mr. Childs. On 29th June I took a case of goods to the Golden Cross, directed to Mr. Amor, of Hastings—they were the goods that had been packed by Mr. Ellis—I left them on the platform.
WILLIAM WHITE . I am a clerk to Messrs. Chaplin and Horne, at the Golden Cross, Charing-cross. On 29th June some packages were brought, to go by the Brighton Railway—Wood brought one, and Arnott another—I signed the books of all those who brought them—they would go off for the Brighton train, from half-past four till a quarter before five o'clock—about that time a person came for them—I do not know the person—I gave him the three packages—he signed my book, which I have here.
Cross-examined by MR. PARRY. Q. You recollect Arnott? A. Yes; I knew him before—I know Dawson—I know the three persons who brought the three packages—they had been in our office from the morning part—I book the direction of all the packages that come into the place.
HENRY SMITH . I was in the service of Messrs. Chaplin and Home about two years ago, as a cart-boy, to deliver goods to and from the railway—Sammon was then in their employ—I was boy under him—I was taken into custody on this charge, and brought before a Magistrate, and examined by him as a witness—I come now from this gaol—on 27th June I lived in White's-ground, Bermondsey, with ray father, mother, and sister—I was at
that time out of employ—on that day my sister told me something—the next day I went to the Vineyard, in Tooley-street—I saw Sammon and Harris—Sammon said he wanted me for two or three days' work—I asked what it was to do—he said to go down to the Brighton Railway, and take some goods to Grosvenor-square—he told me to speak to Harris, which I did, and he told me the same; and he said to Sammon, "Do you think he will do?"—he said, "Yes, as well as anybody"—Harris asked me what I wanted for two days' work—I said, "I don't know; you ought to know"—Sammon stood aside, and he said, "Stick it on, it is all right; I am at work for him"—I then asked 8s. for two days—Harris said it was too much—he offered me 6s.—I refused it—he then asked me to take a walk along with him—he said he had lent his cart, and he did not know whether he could go or not—I walked with him as far as Bermondsey-square, and he left me in a public-house while he went to see if the cart was come—he said he did not expect it home till late at night, but he would go and see—he returned in about twenty minutes, and said the cart would not be at home till late, and I was to wait at home the next morning, and they would call for me as they went along—I waited the next morning—they did not come, and I went down to the water-side, expecting some work—I looked in at the public-house just where I had met them before—it was then a little before one o'clock—Sammon came to the door—he asked me if I was ready—I said yes, and asked why he did not come to me—he said they were in such a hurry to go up with the things that they were obliged to go up with them themselves (that was the things they told me went to Grosvenor-square)—Sammon said that he was going over after some more, and asked if I would go—I said I did not mind—I got up into the cart, which was standing about 100 yards from the public-house—I found Harris in the cart, and he and Sammon and I went to Smithfield—the cart had a bit of board nailed along the shaft, with the name of "M'Carthy, King-street, Westminster," on it, and I noticed it had a new wooden axletree, which was not painted—Harris drove the cart—we went to a public-house, and I saw Mr. Elsworthy there—I was standing along side the cart, and they brought me out some gin and beer, and I took some—Elsworthy asked who I was, and Harris and Sammon said, "It is all right, he belongs to us"—we then left Elsworthy in Smithfield, and Harris, Sammon, and I went to a public-house, at the corner of Portpool-lane, in Leather-lane—we then went to a public-house iu Drury-lane—we came down Drury-lane to Fleet-street—in coming along, Sammon said to Harris, "Let us go and get the money for those things we brought over before"—Harris said, "How about these places?"—Sammon said, "Oh, that will be all right; trust to me"—they both told me to go to the Cross Keys and to the Spread Eagle—I asked them whether I should want the book, or a bill, or anything, and Sammon gave me a bill which he wrote in the public-house, in Drury-lane, and Harris signed it—I was to go to the Cross Keys and the Spread Eagle, to ask for the Brighton luggage—they said, "Show them that bill if they ask you about anything, and say that Mr. Stensell sent you; and tell them you have been up to the West End with a load of furniture, and he told you to call as you came back"—Harris and Sammon got out of the cart on Ludgate-hill, just before they came to St. Paul's, and sent me on, and said they would meet me against the bridge—I had not a waistcoat on, and when Sammon gave me the bill he said, "You have not a waistcoat; you had better put my apron on"—I went to the Cross Keys with the cart—I asked for the Brighton luggage, as I had been told—I went to the Spread
Eagle, in Gracechurch-street—I made the same application there—I did not get any at either of those places—I met Harris and Sammon at the corner of Lombard-street—they got up into the cart—we went over to Tooley-street, just where the cart stood before—they turned the cart round there, and Harris asked Sammon whether he had got any money—he said, "No"—I told him I had none—he said he wished we had, to get a drop more beer—I saw a man that I knew, and I got him to get a pot of beer—he had got 2 1/2 d., and they trusted me 1 1/2 d.—Harris said, "It won't do to go home without any at all; you must take a few of some sort or another home, or else they won't let us have the other things"—Sammon said, "Let us go up to the Golden Cross, and two or three of them places; we are sure to get something there"—they told me to drive the cart over Westminster-bridge to the Golden Cross—I did so—they were in the cart with me—when we got to the Golden Cross, they both told me to get out, and run in and ask them about the luggage—I did so, and Sammon and Harris stood along side of the cart, which was just outside—I asked for the Brighton luggage, and I got two boxes and a case of glass—I brought them out, and Sammon and Harris helped me with them into the cart—I signed a book before I brought them out—I asked Harris what name I should sign, and he told me to sign James—this is my signature to this book—after these things were in the cart, Harris and Sammon got in, and the cart drove down the Strand to Fleet-street—against the Boltin-Tun there was one of Chaplin and Home's vans, and Sammon said, "It won't do to go here now; it is one of Tommy Fisher's vans, from the Dover, and he will be sure to keep us talking"—(he is the driver of one of Chaplin and Horne's vans)—we then turned the cart round, and went up to the White Horse, Fetter-lane—when we got there, Harris and I got out, and Sammon remained in the cart—as we were coming out of the White Horse, Harris said, "Look sharp, or you are dead sailed"—I looked round and saw one of Chaplin and Horne's vans coming round from Holborn—Sammon then drove the cart away—Harris and I walked—we saw the cart go along Fleet-street, and over Blackfriars bridge—we lost Sammon there, we could not see which way he went—Harris and I went over Blackfriars-bridge, and round against Bermondsey Church we found Sammon in Elsworthy's yard, which lays alongside of Bermondsey Church—Sammon and Elsworthy were opening the boxes—besides the boxes I saw the parcel which I had brought from Fetter-lane—Elsworthy tore the paper, and took something out—he said he would have the parcel to line his van with, but he would not have the others, meaning the boxes I suppose—the boxes were under the corner of a shed—the parcel was taken inside a little corner—Elsworthy saw that I was in liquor, and he took me down, and set me in a chair, and Mr. and Mrs. Elsworthy measured the red stuff in the parcel—when Harris, Sammon, and Mr. Elsworthy went to the door after it was all done, they were saying something about 2l. 15s., and I heard Mr. Elsworthy say something about 1l. for the cart, and I heard Sammon and Harris say about 15s.—they settled it then, and I stopped there and dropped off to sleep—when I awoke, there was nobody in the room—I came outside the door, and saw Elsworthy—I asked where they were gone—he said, "Who"—I said, "Sammon and the other man"—he said, "They have been gone a long time, you know where to meet them in the morning"—I said, "No, I do not"—he said, "You will meet them against the Church"—I went to the Church the next morning, about ten minutes before ten o'clock—I waited about there, and saw Harris drive up with a covered cart, with two
women in it—we stopped there till Sammon came, and some man with him—when Sammon saw the women, he said he would not go where the women were—we then went to the corner of Portpool-lane, in Leather-lane—we had then in the tilted cart the boxes which came from the Golden Cross, which had been under the shed the night before with a tarpaulin over them—Harris and Sammon went into the public-house—they called me in, and we had some drink—they were talking to a man named Job Baillie, who I belive was a porter there—Harris went out and came in, again; he then went out again—the cart was still there—presently Harris came and took the cart away—he then went with the cart to a street just out of Leather lane, where there was a glass shop—Sammon had gone out a little while after Harris—I went to the corner, and saw glass carried into the class shop—it was taken out of the box by Harris and Job Baillie, and when the box was empty it was chucked up in front of the cart again—the cart was then taken to a public-house at the corner of the street—there were two other boxes in the cart—I carried one of them down a court, and Sammon came and carried the other—I do not know the place nor the people they were taken to—they went to the same house—the boxes were brought out empty and chucked up into the cart—we then stopped at a public-house, and had something to drink, and then went over again to Mr. Elsworthy's yard—the boxes were then taken out of the cart and chucked underneath the shed—Elsworthy was there, and he got the case, put it against the side and broke it—there was a bill written of the glass at the public-house at the bottom of the street where the glass went—this is it—(looking at it)—Sammon wrote the top part of it, and Harris signed it—(read—June 30th, 1848, Mr. Wright bought of R. Smithers, three British plates, 1l. 16s. received James Johnson."
Cross-examined by MR. PARRY. Q. What wages did you have at Chaplin and Horne's? A. Ten shillings a week—I have been lately employed at Mr. James', in Russell-street—I received 14s. a week there—I have been since that at Mr. Eastwood's lime-works—I do a good deal by working at the water side, at Shad Thames—I do not work there at night—I am innocent of this case—I cannot say much about my honesty, if I did, you would contradict me—it is six weeks and three days ago since I was taken on this charge—I was taken by myself at first—it was about a week afterwards that I told what I have repeated here to-day—I believe I first told Mr. Shepherd and Mr. Fannill—I have never been in this gaol before—I was one month at Brixton, for being found under the railway arch asleep, and drunk—it was down by St. John's Church—I do not know who the Magistrate was who committed me—there was nothing found on me—the arch door was open where I laid asleep, and the policeman awoke me, and kicked me about—I was examined once about a watch, but I was discharged—I do not know what the value of the watch was—they could not exactly say that it was me that took it—I have not been half-a-dozen times locked up in the station-house—I am sure it is not more than three times—I was taken before the Magistrate for some clothes or something, but I was discharged for it—I have never been in gaol except on those cases—I cannot tell what time of day it was when I saw Harris and Baillie—I was in liquor—it was the morning part—I cannot recollect the time.
Cross-examined by MR. CHARNOCK. Q. I suppose you were aware what you were going to do? A. I thought I was going to work for them—Harris said he was at work for the railroad—I did not know on Thursday, that what I did when I went with Baillie was improper—I did not know that when I
went, and said I wanted the Brighton luggage it was improper—I was in service in Tooley-street—that was where I was charged about the watch—I cannot tell how many public-houses we were in—I suppose I slept about an hour wlen I fell asleep at Mr. Elsworthy's—the statement I made when Shepherd and Fannill came to me was taken down in writing—I sent for them because I wanted to tell them—my sister and my father had been to speak to me about it—I do not remember whether any police-officer had been—I was not told by any police-officer that if I did not tell all about it I should be transported; when a person is innocent they do not want to be transported—before I had an interview with Fannill, I wrote something on a bit of paper which I gave to one of the turnkeys—I did not keep a copy of it—Mr. Russell has been to me—I have not seen any one else but Mr. Humphreys—a copy of my statement was read over to me at Guildhall—I cannot do otherwise than expect to be tried for this offence still—whether I shall be imprisoned, is just as they like.
Cross-examined by MR. COOPER. Q. If when you were in the employ of Chaplin and Horne, you had 10s. a week, how came you when you were out of employ to ask 8s. for two days? A. Because Sammon told me—I did not expect that they were going about what they ought not, when they hired me—I did not suspect it when they told me what they did in Fetter-lane—I do not know what I thought when they took me to Elsworthy's yard—I was taken up in about a fortnight afterwards—I was told to keep out of the way, but I did not—I kept where I always did, by the water-side—I got the luggage about four o'clock, and I might get to Mr. Elsworthy's yard about six—I do not know what he is—he lets out carts and vans.
MR. BALLANTINE. Q. Did you know him before that day? A. I might have seen him, I did not know him.
JOB BAILLIE . I know the prisoner Sammon, not by the name of Sammon, but as Bob—I have seen Harris—on Friday, 30th June, he called on me, and said he had a job for me to do—I went with him to Holborn—he told me he had purchased some glass at a sale—I did not see it then, I saw it about an hour after, when he came to me a second time at the corner of Portpool-lane—I went with him to Holborn again—I there saw a tilted cart—he and I went with it to Mr. Molinari's shop, in Greville-street—I walked in there myself by Harris' desire—I knew Mr. Molinari—he was not at home—I went for him, and when he came, the tail-board of the cart was let down, and three pieces of glass were delivered to me—I carried them one by one into Mr. Molinari's shop—there was some conversation between Harris and Mr. Molinari, which I did not hear—we then went to the Leathern Bottle—I saw Sammon there and the boy Smith—I was to have a pint of beer there, but on account of no smoking being allowed, it was not called for—after they had got out, Harris paid me 3s.—I had before that told Harris that Mr. Molinari wanted a bill—I cannot say whether he gave him one—I have been to Elsworthy's house since—I have seen a cart there, which I have not the slightest doubt is the one the glass was taken out of.
Cross-examined by MR. PARRY. Q. What are you? A. A vender of fish and fruit, and a porter in general—I have no regular employ—I have carried on those pursuits for eighteen or twenty years—that is how I have got my living ever since my father was reduced in business—I follow Billingsgate market, and other markets, according to the season of the year—in 1828 or 1829 I was taken up on suspicion of taking a handkerchief out of a gentleman's pocket—I had scarcely left my school then—I was about eighteen
years old—I was convicted here of being concerned in it, and had three months—I have not been in any difficulty since—I have never been in a station-house to my recollection, or in any further trouble that I know of.
MR. BALLANTINE. Q. When was it your father got in difficulties? A. He was reduced before 1828—he had been a publican in Tottenham-court-road—I told this story the moment I was taken from my board of fruit—I attended the Police-court, and gave evidence.
ANDREW MOLIINARI . I live in Greville-street, and am a looking-glass and frame-maker. I bought three glasses, eight or nine weeks ago—I cannot say that I bought them of Harris—here is the bill for them—Baillie brought the man to me—I have cut up one of the glasses, and made the three into four—I have silvered it. since—I gave 36s. for them—my wife was present—I handed the bill to her to see if it was correct—she understands English better than I do—the glasses were taken out of the box, and brought in one by one.
Cross-examined by MR. CHIRNOCK. Q. What time of day was this? A. I think between eleven and twelve o'clock—36s. was a fair price, it was what I could afford to give—I would not swear it was Harris I bought them of—it was a tall dark man—I had known Baillie before—he used to be with an Italian in Leather-lane, fifteen or sixteen years ago—he used to come and fetch glasses from my shop for his master—I gave 30s. for these glasses—I deducted 6s. from the bill, because they were in bad condition.
ANN ELIZABETH MOLINARI . I am the wife of Andrew Molinari. I recollect this purchase—Harris sold the goods, and brought this bill—it is not in my husband's name, but I took it for a bill—it is receipted at the botton.
Cross-examined by MR. CHARNOCK. Q. How long did this occupy? A. But a short time—I had never seen Harris before—I have seen him since, before the Magistrate—he was then pointed out to me—I feel positive he is the man—I would not mind swearing it, he is the very sort of man—I speak to his dress and his features and height, there is no other mark about him—I have always understood you could not swear to a person without he had a particular mark.
Cross-examined by MR. PARRY. Q. Do you know Baillie? A. Yes, as a man selling things in the street—he had not been in our house to speak to my husband before, not to my knowledge—I took the bill, and put it on the file—I saw it was receipted—it is in the name of Mr. Wright—I did not notice the name.
MR. BALLANTINE. Q. Is Baillie the man that introduced the man who sold them? A. Yes—on looking at Harris, I have not any doubt he is the man.
FRANCES SMITH . I am the sister of the witness, Henry Smith—I live in White's-ground, Bermondsey. In June last Harris and Sammon came to our house for my brother—Sammon asked me what time my brother would be at. home—I said, "I dare say at dinner-time"—he said if he came home I was to tell him to wait till he saw him—I went out, and returned between one and two o'clock, and I found Sammon and Harris—Sammon asked if my brother was at home—I said, "I dare say not"—I inquired of a neighbour, who said my brother was not at home—I asked Sammon if he would leave his name—he said, "No"—I askid it it was Sammon—he smiled—I asked how his wife and family were—he said, "Pretty well."
Cross-examined by MR. PARRY. Q. Do you live with your father? A. Yes; I had been a servant up to 29th April—I have followed that occupation ever
since I Was nine years old—I have a mother living—I have left her to get settled; I do not know whether I shall—I have one child living—another is dead.
GEORGE THOMAS STANSALL . I am in the employ of Messrs. Chaplin and Horne as clerk, at the New-cross station—I know Sammon, he was in my employ, as driver of a cart—he has left about twelve months—Smith went with him—neither of them were in our employ on 29th June.
Cross-examined by MR. PARRY. Q. Chaplin and Horne have a great many persons in their employ? A. Yes—I have the management of their business at New-cross—these men were not employed by me, nor any person in the service.
MR. CLARKSON. Q. Are such goods as are remitted by the Brighton train sent under your direction? A. Yes; I receive them and send them off—no person has a right to go for them but under my direction, and with my knowledge.
Cross-examined by MR. COOPER. Q. You have known him before? A. Yes—he told me he would send the money back, which he did.
CHARLES UNDERDOWN . I am clerk to Messrs. Chaplin and Horne, at the Cross Keys. On 29th June, Smith came about half-past two o'clock—he asked for the Brighton luggage—he showed me a paper, which appeared to refer to goods supposed to be delivered at Grosvenor-square—that paper lulled my suspicion.
GEORGE HIBBITT . I am in the service of Chaplin and Horne. I remember Smith coming to the Cross Keys, on 29th June, for the Brighton luggage—I saw a cart there—I have seen a cart since at Elsworthy's—I have no doubt at all it was the same.
GEORGE RUSSELL (City-policeman, 34). I went to Sammon's house, in Leather-lane, on 10th July—I asked him how long it was since he had seen Harry Smith—he said about three years—I went to Elsworthy's premises, in Bermondsey, on a Saturday, I think, 15th July—I saw him, and had conversation with him—I saw a horse and cart outside, with Elsworthy's name on it—I asked him how long he had had it—he said about three months—I asked how long his name had been on it—he said about a fortnight—it was a dark green cart, with a brown horse; it had an unpainted axletree—I observed to him that the board did not appear to me to be fastened very tightly—this is it (produced)—he said it was a bit that might be put on any cart—I went to it, and pulled it away—it came away very easily—I found a brown tilted cart, with the name of M'Carthy, Little Chapel-street, Westminster, painted on the shaft—I had had a description of Elsworthy's premises from Smith before I went there—I went again on 24th July, with Fannill—Fannill found this other board behind a door in the yard—(Elsworthy told me he had bought the first cart of a man named M'Carthy, at Westminster)—this is the board—it appeared to have been standing in the wet—Fannill asked Elsworthy if he put down the names of persons he let carts and vans to—he said he did, and he produced this book—here is the name of "Sammon, Jamaica Level," in this book; but it says "Jan., 1846"—I found at Sammon's five gimlets and a chisel—I found amongst some papers in a drawer, in Sammon's room, a bill with "Sammon, Jamaica Level," on it.
EDWARD FANNILL (City-policeman, 32). On 15th July, I went with Russell to Elsworthy's—there was a horse and cart standing in the street—I asked him if he let out horses and carts—he said yes—I asked if he recollected letting a horse and cart on 29th June to Sammon (pointing to the horse and cart)—he said he dit not let it to sammon—I asked if he let it to Harris or Smith—he said no, he did not know them—I told him I was a police-constable, and we were come to search his house—he said, "What for?"—I told him for some things that Smith and Sammon had brought there—he said he knew nothing of them—we walked in, and searched—we went again on 24th July, when Elsworthy was in custody—we searched the lower part of the stable and cart-house—I saw a tilted cart, with the name of M'Carthy on it—I saw the second cart again on the 24th; it had a wooden axle-tree, which appeared to be new, and behind the door I found this board.
JOHN BULLEN . I am a driver, in the employ of Chaplin and Horne. I know Sammon—I saw him on 29th June, in Fetter-lane, about thirty or forty yards from the White Horse, with a horse and cart—I saw Smith go behind the cart, and throw a parcel into it—I saw there was a box on the copse of the cart in front.
WILLIAM DAWSON re-examined. This glass belongs to Messrs. Palmer and Co.—there were three pieces sent—this large piece is in the same state that it was when it was sent, except that it has been silvered since.
Cross-examined by MR. PARRY. Q. Is it plate glass? A. Yes—we do not manufacture it—there is no mark on it, I can only speak to the size of it; it is not an uncommon size, it might be used for a looking-glass or a door—this size might be cut by other persons—we buy it of the Plate-glass Company, in Fleet-street—I would not swear to it—it agrees exactly with the size we sent—two of these small pieces make up one piece, which agrees in size with what was sent.
SAMMON— GUILTY . Aged 27.
HARRIS— GLILTY . Aged 39.
Transported for seven Years.
ELSWORTHY— NOT GUILTY .
OLD COURT.—Friday, August 25th, 1848.
PRESENT—Mr. Baron PLATT; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the First Jury.
1862. THOMAS HILLS , feloniously forging and uttering a receipt for the payment of 4l. 4s., with intent to defraud James Dean; also, for stealing 2 coats, 3 waistcoats, and other articles, value 10l.; the goods of James Dean, his master; to both which he pleaded
GUILTY . Aged 23.— Transported for Seven Years.
a laundress, at 8, York-row, Cambridge-street—among other things, I have lost a shift—this is it (produced).
Prisoner. I own to taking a sheet, but nothing else.
GUILTY . Aged 28.— Confined One Year.
(There was another indictment against the prisoner, and the prosecutor stated that she had robbed him to the amount of 20l. or 30l.)
Before Mr. Baron Platt.
MR. O'BRIEN conducted the Prosecution.
WILLIAM HOOKER . I live at 5, London-passage, St. Luke's. On Sunday, 6th Aug., between one and two o'clock, I saw the deceased with the prisoner, in London-passage—she appeared very much in liquor, and was trying to get away from the prisoner, who held her by the left arm, and he struck her on the left side of the head with his closed fist—she immediately fell by the right side of the prisoner—I said to the prisoner that he had killed the woman—he said, what was that to do with me, I seemed to know all about it—he then assisted in getting her up again, by laying hold of her arm, and some other people assisted—when he got her up, he placed her against a wall with rail-ings, and he shook her rather violently, apparently to bring her to—he looked in her face—he did not seem to think she was so far gone as she was—she appeared perfectly insensible—when he shook her, her head came in contact with the railings, but not sufficient to cause death or a bruise—she had no strength in her neck, and her head fell about—she was taken to No. 8—I saw her about ten or twelve minutes after, and she was then dead.
Cross-examined by MR. METCALFE. Q. Was she very much intoxicated? A. She appeared so—she appeared stupid from drink before the blow was struck—she was very aggravating and obstinate, and tried to get away from him—I was eight or nine yards off—I did not hear her Say anything—I do not know where they lived—she was on her feet, walking—he was forcing her along, as it appeared to me—he turned himself half round, to strike her—whether he caught her by the left hand or not I cannot say—he shook her, to bring her to, and it was then her head came in contact with the railings—her neck being so weak was the cause of it.
COURT. Q. Which arm bad be hold of? A. The left, somewhere about the wrist, with his right hand—he let go, and then struck her immediately with the right hand, and then she fell—I did not observe whether her head struck the ground.
WILLIAM TATLOR . I knew the deceased. Amelia Merrick. On 6th Aug. I saw her at the corner of Banner-street, with her husband, between half-past ten and eleven o'clock in the morning—I saw her again about half-past one, with her husband, in London-passage—she seemed very much in liquor—her husband was trying to lead her towards home, and asked her why she did not go home and cook her dinner, as he told her to do—I did not hear her say
anything—I saw the prisoner up with his right fist and knock her under the. left ear—she fell down—it is a narrow passage—I was about two doors from them—I do not know which side she fell on—I rather think it was the left—she fell from him—I saw him carry her into a house, and I said, "you have done for her at last"—he said, "What the b----y hell has that to do with you? mind your own business"—he was very angry—I did not see the woman again till I saw her carried out dead.
Cross-examined by MR. PARRY.Q. Do you know that she had been in a public-house the whole of the morning, drinking? A. No—I saw the prisoner give her some money that day, and tell her to buy some meat—he did not mind what it was, anything she liked best for herself—I did not know them before.
JAMES FORD . On Sunday, 6th Aug., I was in London-passage, about half-past one o'clock, and saw the prisoner and a woman with him—I had not known them before—the woman appeared to be very much in liquor—the prisoner struck her a blow on the side of the left ear with his right fist—it was not a very violent blow—the woman fell, and a crowd collected round—she was taken into a house, and appeared to be dead in a few minutes—I did not see her quite down on the ground—I saw her falling, and the mob came round—he had hold of her arm when he hit her—he appeared to be trying to get her home—she was very obstinate, and would not go, and then, while he held her, he struck her with his right hand.
Cross-examined. Q. He appeared excited by ber obstinacy and struggling? A. Yes.
JOSEPH LAWRENCE . I live at 2, London-passage. On 6th Aug. I saw the prisoner there, with a woman—he had hold of her left wrist, and was in the act of drawing her after him—she was trying to hang back from him—she said she would come, and then he dashed her down, and her head struck against the brick wall—he had hold of her left hand with his right—he left go of her left wrist as she fell—it was his pulling her by the left wrist made her fall.
COURT. Q. Where were you when you saw this? A. Looking out of my window—I was examined before the Magistrate and Coroner—I said there that she was trying to get away from the prisoner—I did not see him strike her—I do not know whether I said that she fell in endeavouring to get away, and struck her head against the wall—I spoke the truth there, as far as I knew, but I was very much agitated—I told the Coroner that it did not appear to be attended with any violence on the part of the husband, but she fell suddenly on the pavement, and her head fell against the wall—I do not believe he did it intentionally to kill her—I saw him put his knees against her chest, it appeared to be done to keep her up.
CATHERINE WELLS . I am the wife of Samuel Wells, of 4, London Passage. About half-past one o'clock on this Sunday, I saw the prisoner opposite our door—he had hold of his wife's arm, and was pulling her—when they came near our door, he took her by her two shoulders—he was pulling her by her right hand, and she fell down—she appeared rather drunk—she fell on her right side, from her husband, by the railing—he picked her up again by her two arms, put his hands underneath her, and her head went between two of the iron railings—he was standing close to her at the time,
and I asked him to give her some vinegar—I was looking out of the first-floor window, and had an opportunity of seeing everything—I cannot say whether he let go of her before she fell down, the mob came round so quickly—he was dragging her towards home—I brought down a cup of vinegar, and said to the prisoner, "You have killed the woman"—he said, "Go and fill the cup with brandy and give it her, and you will soon see whether she is dead or not"—I carried her in—he assisted me—she was apparently quite dead—I did not hear her speak afterwards.
JURY. Q. Why did you say he had killed her? A. Because her lips did not move when I bathed her—when he lifted her up, her head went between the iron railings, and she never spoke afterwards—her head went right through the railing.
CHARLOTTE WESTBURY . I live at 4, London-passage. On Sunday, 6th Aug., about half-past one, I came out, in consequence of hearing a noise, and saw the prisoner and his wife—she was lying on the ground, with her back against the wall, which has an iron railing on the top of it—the prisoner picked her up by her two arras, stood her on her feet, with her back against the wall, and said, "Stand up"—I do not know whether he did that carefully—he then took hold of her shoulders, and shook her rather roughly—the back part of her head stuck in between the railing—her head seemed to hang down a little as he raised her up—it appeared as if her neck was not strong enough to hold her head up—she slid down again, and he pressed his knee against her stomach—she was standing—she fell on the ground, and he walked away—I said, "You brute to illuse the woman like that"—he turned round and said, "Look at the dirty fagot "—I think he meant the woman—I afterwards went into the house—she was dead.
MUNGO PARK . I am a surgeon. On 6th Aug., about half-past one, I was called to the deceased—she appeared dead, but I was not quite certain—I had her removed into a house, and opened a vein—a very few drops of blood flowed—I could find no external marks of violence—on 19th, I made a post-mortem examination with Mr. Courtnay—there was a great extravasation of blood at the base of the brain—the larger quantity was on the left side—it appeared to arise from the rupture of a blood-vessel—a blow with a clenched fist on the left side of the head would be likely to produce it—it night not have left an external mark—the brain was not very healthy—a blow to a subject of that kind, though not very violent, might rupture a blood-vessel—the extravasation of blood was the immediate cause of death—the brain was slightly congested, so that less violence would produce serious consequences.
Cross-examined. Q. The brain was very much diseased? A. Yes; that was of long standing—I imagine from the effluvia, she had been drinking all the morning—if she had been very drunk, the exertion of walking would not be so likely to produce extravasation as if she had fallen down—if she had resisted a person, it is possible the excitement would have caused it, but not so probable as a blow—if her head fell back against the railings, that would very likely cause it.
COURT. Q. If a woman was raised up whose head was hanging down as has been described, would it be likely to tumble back? A. Yes, considering the condition she was in—it might be accidental—they were small vessels that were ruptured—small vessels are generally ruptured by apoplexy—it is possible that apoplexy might have caused the rupture—I have read in medical books, that the effect of a blow on one side of the head is to produce extravasation on the other; but I never knew it happen, it is possible.
JONS COURTENAY . I am a surgeon. I assisted Mr. Park in the post-mortem examination, and agree with him as to all the appearances, but would add, that the rupture appeared to be of a cluster of vessels, and not of a single one, which leads me to think death arose from violence rather than from disease—one vessel only would give way at one time from disease.
Cross-examined. Q. A fall would produce the effect you saw? A. Yes, any concussion.
NOT GUILTY .
MR. PLUMPTREE conducted the Prosecution.
GEORGE FERRELL . I am a grocer, at 165, Old Gravel-lane, Wapping. On Sunday morning, 23rd July, I was disturbed between two and three o'clock by a cry of "Thieves! murder! "—I went down and found my lodger, Mr. Wall, down stairs—I saw a person get out of my back parlour-window, making his escape over the tiles—I found the drawers broken open, four dresses taken out and strewed about the floor, and on the table a crowbar, gimlet, and a hat; and outside the parlour I found a pair of lace-up boots—the back parlour-window, which I had fastened when I went to bed about half-past eleven, was broken between the upper and lower sashes—I had left my wife and son up—I did not lose anything.
CHARLES WALL . I lodge in the prosecutor's house. On Sunday morning, 23rd July, I was unwell, and had occasion to go down stairs; as I went through the passage towards the yard, I heard a rumbling noise, but did not take particular notice, thinking it might be the cats—when I opened the back-door, I saw a flash of light, and saw the prisoner get out of the parlour-window, which is about three feet high—he had no hat or cap on, so that I saw his face very plainly—I have no doubt that he is the person—I raised an alarm, and caught hold of him by his legs as he was ascending the washhouse tiles, but I could not detain him—I went the same night to the Bull's Head, Ratcliffe Highway, and there saw the prisoner, leaning on a cask, talking to a female—I at once identified him as the man—he had a pilot coat on, and a blue cap, the same as is generally worn by seamen—I went out and told a policeman, and he was taken—I waited at the station-house half an hour, and a policeman came and told me he had escaped.
WILLIAM CHARLES POTTER , (policeman K 212.) On Sunday night, 23rd July, in consequence of information, I went in company with Wall to the Bull's Head—I found the prisoner there—Wall pointed him out to me as the man whose legs he had hold of—he was dressed in a blue jacket, as he is now, and a blue cloth cap with a peak to it—that is not a pilot jacket—I took him into custody—I told him I wanted him, for a burglary in Old Gravel-lane last night—he said, "I know that, you catch me for everything"—I knew him before—I said, "I can't help it, the man has been to me"—on the way to the station he made his escape—I ran him up and down several streets, but I could not take him again—these boots, (produced,) which I found at the prosecutor's, fitted the prisoner.
Prisoner. They are too small, and the hat too. Witness. The boots fit him—the hat is rather small for the prisoner—this other hat is the prosecutor's, it is burned through where the light was carried.
GEORGE MOUNTFORD , (policeman K 34). On Saturday night, 22nd July, about twelve o'clock, I saw the prisoner in company with Bryan, a convicted thief, at the corner of Old Gravel-lane; he had a hat on like this—I produce some housebreaking implements that were found in the house, they were given to me by another constable.
CHARLES WALL re-examined. I saw this chisel, another, and a screwdriver lying outside the back door—one drawer was broken open—this hat was lying on the table—I may be mistaken about the coat the prisoner had on at the Bull's Head, but he had a blue cap on—I did not see him again till I saw him in custody on 5th Aug., about a fortnight afterwards—I did not go back with the constable when I informed him I had seen the prisoner—I told him where he would find him—I had left him outside while I went in to identify him.
ROBERT WOODS (policeman, M 185). I apprehended the prisoner on 3rd Aug., in Bell-court, Tooley-street—I said, "Bryan I want you"—he said, "What for?"—I said, "For making your escape from one of the K division"—he said, "I know nothing about it, I will not go with you"—I said, "We have orders, you may as well come quietly"—he said "I will not go, I am innocent"—I got assistance and took him—nothing was found on him.
Prisoner's Defence. I was at home, and in bed, at one o'clock on this Saturday night, which my sister can prove; it is all a spite of the policeman; I had only been four days discharged from Hick's-hall, where he took me, for robbing a captain of a ship, and was acquitted; a woman told my brother that she was standing by her own door, not far from the prosecutor's, and saw the man I am taken for, get over the wall.
CHARLES WALL re-examined. I had no light when I opened the back door—I saw the flash of light just as I touched the latch to open the door—it came through two panes of glass which light the passage from the outside—it was like a flash of lightning, it vanished all in an instant—the morning moon was shining—it was light enough to identify the prisoner—the moon shone towards his face—it was getting daylight—he had no boots, hat, or cap on—the shoes were left on the carpenter's tool-box in the yard.
WILLIAM CHARLES POTTER re-examined. I tried the right boot on the prisoner—it fitted him in the foot, but would not come to in the front—the hat was rather too small—(the prisoner here put it on, it appeared very small)—I knew him before—he was in the habit of wearing different dresses at different times—I could not tell what dress he would have on from one hour to another.
GEORGE MOUNTFORD re-examined. This hat resembles the one the prisoner had on—it is rather peculiar, being very coarse in the beaver—I cannot say that I took particular notice of that at the time—he was about 250 yards: from the prosecutor's house—I am certain he is the man 1 saw, for I spoke to him; and he asked me what I thought of Dancey, that is a man who is in priso at Maidstone.
NOT GUILTY .
NEW COURT.—Friday, August 25th, 1848.
PRESENT—Mr. RECORDER; Mr. Ald.FAKNCOMB; Mr. Ald.FINNIS; and Mr. Ald. LAWRENCE.
Before Mr. Recorder and the Fifth Jury.
GUILTY . Aged 15.— Confined six Days.
GUILTY . Aged 17.— Confined One Month.
GUILTY . Aged 18.— Confined Three Weeks.
GUILTY . Aged 31.— Confined Three Months.
GUILTY . *Aged 18.— Transported for Seven Years.
GUILTY . Aged 19.— Confined One Month.
MR. PARNELL conducted the Prosecution.
MICHAEL GALAVIN (policeman, H 110). At half-past six o'clock on the morning of 7th of July, I was on duty in the London Docks—I saw the three prisoners—they put their hands in a cask of sugar on the quay, took out several handfulls, put them into their pockets, and walked off—I overtook them, and found sugar on each of them.
JOHN SAYRE . I am an officer of the London Docks. I was on the South Quay, on the evening of 6th July, I saw some hogsheads of sugar with the heads out, which is not usual—this sugar was produced next morning—it corresponds with that in the hogsheads.
NOT GUILTY .
ALFRED GODFREY . I am a ship-joiner, of Wapping. On 27th June, I was on Tower-hill; between twelve and one o'clock in the morning the prisoner was there with two companions—she left them, came to me, caught my arm, and wished me to go home with her—she put her hand into my waistcoat pocket and extracted a crown—I accused her of taking it—she said she had not done it—her companion came up, and then she said she had got it, and intended to keep it—she went into a public-house—I followed her, she called for brandy, changed the crown, and requested me to drink, I declined—she then called for some gin—she afterwards came out—I gave her in charge.
Cross-examined by MR. ROBINSON. Q. Where had you been? A. To Norwood—I was going home—I made no proposition to her—I did not take any liberties with her in the street—I never touched her, only by taking hold of her hand to release a nosegay which I had—she followed me about ten yards—she was in the public-house ten minutes or a quarter of an hour—I did not remonstrate about it in the public-house—I did not take anything there—I asked if she was going to give me back the money—I did not speak with her on friendly terms, and drink with her.
WILLIAM EDMONDS (City-policeman, 528.) I received the prisoner, near the Blue Boar—there were two other women with her—I said, "You have got the gentleman's change in your hand"—she said she had not—she threw herself down on the pavement, and the other women attacked me—I took her to the station—I got the crown from the landlord, and Godfrey gave him 5s.
LUCY KEYMER . I am the wife of David Keymer, of the Blue Boar. About half-past twelve o'clock that night the prisoner and Godfrey came together to the bar—the prisoner asked him what he would take to drink—he said he did not care, what she liked—she called for a quartern of brandy, and threw down a crown—bhe poured out a glass of brandy and gave it to him—I did not see him drink it—they sat down and talked—he had a bit of rose-tree in his hand, and was playing with her face with it—he saw the money lay down—he said nothing about taking it.
Cross-examined. Q. They appeared on friendly terms? A. Quite so—I do not know whether he drank the brandy, but I turned to the til✗, for the change, and when I turned again he was filling the glass again.
ALFRED GODFREY re-examined. I took the glass out of her hand, and put it on the counter—I did not taste the liquor—I am not aware that I put the sprig in her face—I thought she would return the money, and did not quarrel with her till she refused to do so.
NOT GUILTY .
ROBERT GIFFORD (policeman, H 89.) On 13th July, I was on the Tower-wharf, and saw the prisoner standing close behind Mr. Cotton—he left him suddenly—I asked if he had lost anything—he said, "Yes, my handkerchief"—I went towards the prisoner—he took this handkerchief from his pocket—I collared him, and he threw it on the ground—I took him.
Cross-examined by MR. ROBINSON. Q. How far were you from him? A. Fifteen or twenty yards—there was no one between us—he did not stoop at all—there were persons near him—there was a regatta on the river.
GUILTY . *— Confined One Year.
JAMES COPELIN . I keep a ham-shop, in Sydney-place, Commercial-road. The prisoner was my shopman—I missed money from the till—I marked some, and gave it to a policeman—Day bought an ox-tongue—it came to. 5s. 6d., and he bad only 5s.—I saw the prisoner take the money of another customer for what was purchased—I reckoned up the things he had sold, and there was a shilling or two short—I substituted marked money for all that was taken for two days—he has been told not to give change out of his own money.
Cross-examined by MR. PARNELL. Q. Was the prisoner the only man who was employed at that shop? A. Yes.
WILLIAM DAVISON DAY (policeman, K 74). I was present when Mr. Copelin marked some money—I sent my son to the shop for an ox tongue—I gave him five marked shillings to pay for it—I also sent him with a marked shilling to buy a sheep's tongue—he brought me back 8 1/2 d. change—I was sent for to the shop—I asked the prisoner what money he had in his pocket—he said 30s., and he pulled out 1l. 16s. 6d.—four of the shillings were
marked—two of them I had sent in the morning—I took him to the station.—I went to search him a second time, and he pulled out four more shillings; two of them were marked—I found on him 2l. 0s. 6d. in all—I said there were two shillings marked, which had been sent for the ox tongue—he went after his master, and wished him to forgive him.
Q. Were there no sixpences marked? A. No—it is stated in the depositions that it was three marked shillings and four marked sixpences, but it is an error—I marked 12s. on the Monday, and afterwards 8s.—after they were paid, and the prisoner did not take them, they were given back to me—I made a different mark on them, and sent them again—he said it was his wages; that he had been paid 30s. on the Saturday.
(The prisoner received a good character.)
GUILTY . Aged 31.— Confined Two Months.
WILLIAM WELLING . I am in the service of Mr. Robert Smith, a surgeon, at Westbourne-grove, Bayswater. On 25th July, I was in Richmond-road, between two and three o'clock—I saw Nash in Mr. Trinder's shop, leaning over the counter, and in the act of taking money out of the till—Williamson was outside, watching against the window—Nash came out, and gave him the money—I told Mr. Trinder—he ran after him.
Cross-examined by MR. HORRY. Q. Had you ever seen them before? A. No.
GEORGE CLARK TRINDER . I am a baker, of Richmond-road, Paddington. I was in an out-house, at the back of my premises—an alarm of "Stop, thief!" was given—I ran after the prisoners for half a mile, took them, and gave them in charge—I saw the officer take 3s. from Williamson's hand—I missed some money from my till, which was safe half an hour before.
Cross-examined. Q. How far were the boys off when the witness pointed them out? A. I suppose a hundred yards, running as fast as they could—I kept them in sight.
WILLIAM DEALY (policeman, T 56). I was on duty at Westbournegrove—I took the prisoners—I found these three shillings in Williamson's mouth.—(The certificate of conviction being produced, was found to relate to Williamson, and not Nash.)
NASH— GUILTY , but not of previous conviction.— Confined One Month.
WILLIAMSON— GUILTY . ** Aged 17.— Transported for Seven Year.
MR. BALLANTINE conducted the Prosecution.
ISAAC HILL . I am a baker, of Poplar. The prisoner came into my service in the name of John Taylor, and I got the character of John Taylor—he left without notice—I have not received either of these bills.
Prisoner. I did not say anything of the sort; you took me to a public-house, and trumped up a story for me to say that I had been at a cricketmatch, and lost the money; I would not say anything of the kind. Witness. I did not.
GUILTY . Aged 25.— Confined Nine Months.
THOMAS KELLY (police-sergeant, H 2). Early on 13th July, I was on duty in Rupert-street, Whitechapel—I saw the prisoner coming out of Messrs. Goodhart's with this piece of timber on his shoulder—he saw me, threw it down, and went into the sugar-house again—I went on, turned round, and saw him come out with it on his shoulder—I took him.
Cross-examined by MR. PARNELL. Q. Did you go into Mr. Goodhart's? A. Yes—I did not see a broom there—the prisoner said Mr. Figgins gave him the wood.
FREDERICK FINCHIN . I am in the service of Emanuel Goodhart and others, of Rupert-street, Whitechapel—the prisoner has worked there about seven years—I believe this timber belongs to them—I did not give it to the prisoner, nor allow him to take it.
Cross-examined. Q. What hour does he come in the morning? A. From four to five o'clock—we did not begin till seven that morning—he came too early—I have never given him wood—he has taken it without my knowledge—he did not mention to me about making a stand for a water-butt—I told the policeman the prisoner had asked me for a piece of board, but I did not know whether he had taken it—that was not true, but I thought it was of no consequence.
NOT GUILTY .
EDWARD JOHNSON . I am clerk to Thomas Younghusband and Son, of Basing-lane, carriers. On 14th July, between seven and eight o'clock, a chest of tea was loaded, with other goods, into a three-borse wagon, to go to the terminus of the Great-Western Railway—it was directed to Mr. Salmon, at Reading—I saw it securely put in—it was an outside package—Goodrich was wagoner—I went to the railway, to superintend the unloading of the wagon—I found the chest was gone.
Cross-examined by MR. PARNELL. Q. Who went with the Wagon? A. Henry Wooton, Goodrich was with him—I know it was in the wagon, I called it over to the clerk.
ROBERT GOODRICH . I am in Messrs. Younghusband's employ—I went with this wagon from Basing-lane to the Great-Western Railway—I walked on the near side—I saw the chest at Paddington in its place—I did not miss it at all—I remained with the wagon till eleven o'clock, it was then on the Company's premises—it got there a few minutes to ten—the wagoner took off his horses, and then left me in charge of it till Johnson came.
Cross-examined by MR. ROBINSON. Q. Whose was this tea? A. Mr.
Younghusband's, till it got to the Railway Company—Goodrich was there when I arrived, he left before me—I left the station at a quarter before twelve o'clock—the Company are not responsible for the goods till they are ticked off by them.
Cross-examined by MR. PARNELL. Q. How was the wagon secured when you sent it? A. It was well corded, and a good tarpaulin over it—when I got to the railway the tarpaulin was untied—as soon as the man got on the wagon he found something was gone—they had not taken anything off then—the tarpaulin would be loosened, waiting for me—the boy was in charge of it—Henry Wootton was wagoner—he is not here.
THOMAS WEAKFORD (policeman, H 38.) On 13th July, about a quarter to twelve at night, I saw a horse and cart in Leman-street, Whitechapel—the two prisoners were in it—I asked what they were waiting there for, at that time of night—Brown had the reins—he said, "I am waiting for the carman: he is gone into the public-house, to get half-a-pint of beer and light his pipe"—there was a public-house about twenty yards off, but it was closed—I went round the cart, and saw "William Hurcum" on it, and an address—Hazell jumped out and ran away—I knew him before—I got in, and saw this chest of tea—I asked Brown what was in it—he said he did not know—I asked who the horse and cart belonged to—he said he did not know—I took him to the station—Brown said it was Johnny that jumped out of the cart.
Cross-examined by MR. ROBINSON. Q. Brown said in Leaden hall-street he asked the carman to give him a ride? A. Yes; he made no attempt to escape.
Cross-examined by MR. PARNELL. Q. You had known Hazell? A. I had seen him driving Mr. Hurcum's cart—Mr. Hurcum lives in Dowgate-hill—his stable is in the Curtain-road.
JOB SMITH (policeman, G 44.) I went to the Curtain-road—I saw Hazell, with a lad—he walked very quickly up to a house in Gloucester-street, where the lad lived—I followed them, and heard somebody inside say, "Johnny, the police have been after you"—he came out, and I took him at the bottom of the street, running—I said, "I want you, respecting a chest of tea, with a cart"—he said, "Oh!"—I said, "You were with a Cart"—he said he had not been with a cart—then he said he had been with a cart, and had given it to Brown, in Oxford-street, as he wanted to go somewhere—he called Brown "Tommy boy"—he bad this apron in his pocket.
Cross-examined by MR. PARNELL. Q. Did you know him before? A. Yes; as a carman, in Hurcum's employ, and in the service of other persons before.
ROBERT MASON . I am in the employ of Mr. Pearce, a grocer, of Philpott-lane. On 13th July I saw the prisoners with a horse and cart, belonging to Mr. Hurcum—they had some goods of ours in the cart, to deliver—I went with them to deliver the goods at different places—I joined them about one o'clock, and left them at half-past seven, at the corner of Foster-lane, Cheapside—they had delivered all the goods then—there was not a single thing in the cart—as I was coming away, Hazell told me to call and tell Mr. Hurcum that he was going to do a job from 22, Bread-street, and then he called me back, and told me not to tell him; that he would tell him in the morning, when he booked.
Cross-examined by MR. ROBINSON. Q. When did you give information about this? A. Not till the policeman came to my master's on the Monday following—I have been in Mr. Pearce's employ ten years—I go out with the goods—I heard on Friday morning that Hazell was in trouble for some chest
of tea—I know Brown well, by his being sent to onr shop for orders occasionally—I know he was employed by persons attending on carts.
WILLIAM HURCUM . I am a carman, and live on Dowgate-hill—I employed Hazell as a carman, on 13th July, to take a load of goods from Mr. Pearce's, in Philpot-lane—he had my horse and cart, the same that were found in Leman-street—I do not know that I had any job in Bread-street—Hazell generally gets back about eight o'clock or half-past—it would be his duty to return about that time, unless he had a job on his way back—we are bound to take a job wherever we are hired—he might take a job by bringing me the money—we are open to a job the same as a cab in the street—I know nothing of this chest of tea.
Cross-examined by MR. ROBINSON. Q. If the man were to get a job at ten o'clock at night, there would be no objection to his taking it? A. Not if it were for my business, I have been out all night.
Cross-examined by MR. PARNELL. Q. Hazell had been in your service some time? A. Two years—if he is not back by eight o'clock, we book the next morning—he has always accounted for what he has done, to my knowledge—I have given him bills about three times to 22, Bread-street—I have an unknown customer there.
WILLIAM GARMENT . I am in the employ of Mr. West, of Lady Lake's-gove. I superintended the cording of a chest of tea, which was sent to Mr. Yonnghusband's—it was to go to Mr. J. S. Salmon, of Reading—this is it—I have the receipt for the delivery of it from the carrier's.
BROWN— GUILTY . Aged 18.
HAZELL— GUILTY . Aged 18.
Transported for seven years.
MR. PARNELL conducted the Prosecution.
THOMAS HOBSON . I am a dealer in bottled beer, in Crutched-friars. I was at the counting-house on Saturday, 22nd July—I saw a man named Williams—he spoke to me—after he was gone I went and asked Brooks if he knew anything of Williams—he said, "Very little, but there is a man outside, named Bob, who knows him"—Bob is a porter—I spoke to Bob, and told him not to let any goods go out of the cellar, as I was not satisfied with the man Williams, and to let no goods go out unless I was there—I can very seldom go to my place on a Monday, as I am engaged for a brewery—I went on the Wednesday, about twelve o'clock—Brooks ought to have been there, but he was not—there was no one on the premises—I waited till nearly six—Brooks did not come—I undid the hasp of the door, and found in the cellar a lot of straw—I missed some ale and some stout and two baskets—the selling price of the ale is about 8s. a dozen, the stout about 6s. a dozen, and the pints are 3s. 6d., that is, to the trade—I live in Charles-street, Islington—I left a note, and the next day Brooks came to my house—I said to him, "Henry, how is this about these things in the City?"—he said, "I suppose you think I know something of them"—I said, "Certainly; how can I think otherwise?"—he said, "Oh, if you think that, I will fetch a policeman, or something to that effect—I said, "No; I will make further inquiries"—I said, "If things were wrong, why did you not come and tell me?"—I gave him into custody—the usual way when goods were sold, was for me to make a bill, and he to bring back the counterpart, signed—he was never to sell in my absence.
Cross-examined by MR. HORRY. Q. Had you a little more conversation? A. Not that I know of—this matter had been a subject of talk in the ware-house—I asked him where the goods had gone—he said something about letting the man Williams have them—I said, he had better not say too much.
ROBERT DIGBY . I live in Tysoe-street, Spa-fields. I occasionally assist, Mr. Hobson in a friendly way. On Monday, 24th July, I went to his premises—I saw Brooks, he said to me, '" Williams has been, and wanted to see my master"—I said, "Then he must wait"—Williams came to the counting-house about ten minutes afterwards—I did not see that he had a cart with him,—he came into the counting-house—Brooks was there—Williams asked if Mr. Hobson was there—I said, "No"—he said he came to see him about some ale and stout—I said, I could not say anything about it—he went. out and returned in about half an hour—he asked if Mr. Hobson was there—I said he was not—he said it was all humbug his waiting about like that—I said I knew nothing about it, I could not help it—he said, "You can take the money for the ale, can't you?"—I said, "Yes; if you are going to pay for it on delivery"—he said, "Yes"—I said, "Very well"—Randall, Brooks, and Williams then went out of the counting-house, in the direction of the cellar—(Randall was there with the cart when Williams came the second time)—in about ten minutes I went into the cellar myself—I found Brooks and Randall there—Brooks was taking the ale and putting it into a dozen baskets, and Randall was carrying it to the cart for Williams to pack—Williams was with the cart then—Brooks said, "He has got three dozen"—they still went on till they had got eight dozen of ale—Williams then came off the cart into the cellar, and asked me about the stout—I said, "It is useless asking me about the stout; I am sure you have not bought it; if you had, I am positive Mr. Hobson would have made it known to me"—while Williams was talking to me about the stout in the cellar, Randall took the cart away—I turned round, and saw the cart was gone—I said to Brooks, "What is the use of going off with half the load; why did be not wait till Mr. Hobson came?"—he made no answer at all—I gave them leave to pack some stout against Mr. Hobson came, and if it was incorrect, it was to remain there—I remained till they had packed two dozen, and then went to the counting-house to speak to a gentleman—Brooks came in and said, "Williams is gone to borrow some prickles"—I looked out, but I could not see anything of him—Williams did not come back—I directly went down into the cellar with Brooks, and told him he was very stupid for letting the man go without my knowledge—I said, "You have let the man go, the goods are gone, and where will you apply to for the money?"
COURT. Q. Had you employed yourself in making a bill? A.. No; the cart went away befure I saw it go—I thought while I had got Williams there I was safe for the money—the stout was still there—I told Brooks, if the man returned, to be sure to ask him for the money for the ale, but not to let any more goods go off the premises—while the men were there I asked Williams what he was to pay for the ale and stout—he said 5s. 6d. for the ale, 5s. for the stout quarts, and 3s. 6d. for the stout pints—I said, "you did not buy the stout at that price, I am very well satisfied."
MATTHEW RAWLINSON . I am a licensed victualler. I went to the George yard, Whitechapel—I saw Williams and Randall—I only saw two bottles of beer there—I bought some ale and stout—it was stated there was thirty dozen, but it turned out there was only twenty-seven—I left my address, and Williams took it—I gave 4s. a dozen—there were two dozen of ale, and the remainder stout—Randall brought it to me.
ISAAC FLORY (City-policeman, 57.) I went to Randall's on 27th July—I asked him if he had removed some ale and stout on the Monday previous from Mr. Hobson's, in Crutched-friars—he said he had—I asked where he took it to—he said the first he took away was a load of bottled ale which he took to Ratcliff-highway, by order of Williams, that when he got halfway, the paving was up, and he could not get any further, and Williams went and fetched a truck, and took it away, but where he did not know—I asked if he knew where Williams lived—he said he did not—I went to Randall's again on the 30th, and asked him where he took the load of stout to on the Tuesday previous—he said not anywhere, a load of stout had been left at his house, and Williams came and fetched it in the morning in his own horse and cart—I said I had evidence to prove that he had taken it to a house himself, and I should take him into custody—he said he did take the load of stout to Rawlinson himself, but the reason he did it was he did not want to get Williams in trouble—I afterwards searched his house, and found two bottles and three baskets, but he had admitted to me that the baskets were at his place—they are Mr. Hobson's baskets—he admitted that he had taken the ten dozen himself to Mr. Levitt's, in, and that what he said about the pavement being up was all false.
COURT. Q. In your conversation with Randall, did you convey to him the impression that Williams had committed some offence? A. Yes, and Randall made one or two statements, which he contradicted afterwards—he said he did not wish to get the other man in trouble, but he made none of these statements till I had conveyed the impression that I treated it as stolen property on the part of Williams.
NOT GUILTY .
THIRD COURT.—Friday, August 25th, 1848.
PRESENT—Mr. Ald.FINNIS, and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Third Jury.
THOMAS HORSFALL . I am a grocer, at Hackney-road. On 19th July, about half-past one o'clock in the morning, I heard a noise, got up, went into the road, and met three policemen with the prisoners in custody—I returned, and found my kitchen window open, the shutter let down, and a square of glass taken out—I had fastened the house up at eleven—an attempt had also been made at the shop back window—I found chisel marks on the shop door and kitchen window—the lock was taken off the kitchen door, I should say with a chisel—the screws were taken out, and the catch taken off—my drawers were open, and the cupboards turned out—I missed two waistcoats—I found two pairs of shoes at the back door, which did not belong to me—I saw these waistcoats taken from Bowling, at the station—they are mine, and were safe overnight.
THOMAS RUGG (policeman). I heard an alarm, and saw the prisoners running towards me without shoes—I took them, and found a waistcoat on Bowling, and a chisel, which corresponded with the marks—White said before the Magistrate, "Are not you goin to let me have a pair of shoe?"—I laid both pairs on the bar, and baid, "Which is yours?"—White laid hold of a pair, and said, "These."
White. I wanted him to fetch me a pair of boots; they were not mine.
Bowling's Defence. I was in bed at the time; a man named Jones called me up, and gave me the waistcoats.
WHITE— GUILTY . Aged 22.— Transported for Ten Years.
BOWLING— GUILTY . Aged 27.— Transported for Seven Years.
MR. CHARNOCK conducted the Prosecution.
WILLIAM PEARSON (policeman, K 210). On 8th July, between twelve and one o'clock, I was on duty at Limehouse, and saw the prisoner with four or five persons sitting on the sill of the Sir John Barleycorn beer-shop, with his legs across the pavement, so that no one could pass, and talking very loud—I asked him to get up and go away—he said he should not, he should stop as long as he liked, and go when he liked—I took hold of him, lifted him into the road, and turned him towards the church—I turned to go the other way, he came behind me, knocked my hat off, and struck me a very violent blow with a ship's scraper—it cut me down, and I was laid up nine days.
Cross-examined by MR. HORRY. Q. You drew your cutlass? A. Yes, but not before he struck me—I hit him three or four times over the legs with the back of it—the blood was streaming over my eyes before I drew it—I did not follow him in the road—I did not take my truncheon out at all—I have never had complaints of my being drunk on duty—I went with others to take the prisoner at his room—I did not go in with my drawn cutlass—the people did not exclaim against my conduct in the street.
JAMES HAMS (police-sergeant, K 21). I found Pearson in Salmon's-lane, without his hat, and bleeding—the prisoner was being held on the ground by three or four constables—he was very violent, a stretcher was brought, but we could not put him on it, and were obliged to take him by force—hes side he wished he had a knife, he would shove it into the b----r----two others tried to excite the mob to rescue him—I took them in charge.
Cross-examined. Q. Did not you take one because he remonstrated with you? A. No—I charged him with obstruction—he said, "Don't let him go! don't let him go!"—he got a month.
HENRY EDGILL (policeman, K 318). I heard a cry of "Murder!" and saw Pearson bleeding profusely from his head, quite stupified—I saw the prisoner with this tool in his hand, in the act of striking a second blow—I drew my truncheon, struck him on the arm, and wrenched it out of his hand—he got away—I went to his house and retook him.
Cross-examined. Q. Where was Pearson's cutlass when you came up?
A. In his hand—I never saw him drunk—one or two of us drew'our cutlasses when we took the prisoner—we used no more violence than we thought necessary.
Cross-examined. Q. Would not a violent blow with this thing have gone through the skull? A. Yes.
MR. HORRY called
THOMAS FITZSIMMONDS . On 10th July, at half-past ten o'clock at night, I saw the prisoner in Salmon's-lane—he was very much intoxicated—Pearson struck him on the head with a staff, and dragged him out of the alley he lived in—I cried, "Shame!" and was taken into custody, and tried for it.
Cross-examined. Q. Did not you sing out, "Do not let him go!" A. No—I have been tried for felony, and had four months.
CAROLINE WARE . My husband is a blacksmith, at Salmon's-lane. I was standing at the top of the street, waiting for my husband—Hayes spoke to me and another young woman, and sat down under the window—a policeman said; "Jim, it is time for you to go home"—he said, "My name is not Jim, I shall go along when it suits me"—the policeman hit him three or four times with his staff, and drew his sword—the prisoner fell, and two policemen beat him shamefully when he was down—a policeman struck me, I cannot say whether intentionally or not.
JOHN DAVIS (policeman). I produce a certificate—(read—Patrick Hayes, convicted July, 1847, and confined four months)—I was present—he is the man—he has been tried twice since for assaulting the police.
GUILTY . Aged 22.— Transported for Ten Years.
MR. ROBINSON conducted the Prosecution.
PETER KEENE . I am horse-keeper to John Brown, of Bedford-row. On 26th July, about half-past nine, I saw the prisoners go up to the door, go in, and go under the stairs—I went out at the stable door, closed the house, and called, "Police! "
STRANGE— GUILTY . Aged 32.
CLARK— GUILTY . Aged 33.
Confined One Year.
SAMUEL LEVIN . I come from Falmouth. On 24th July, about eleven o'clock, I was going to the Whitechapel-road, and went with a girl to a house to drink—I had a crown—I did not give it her—I said I had no change—I
was not with her a minute—the prisoner came, slapped my face, and took my money from me.
GUILTY * of an Assault. Aged 21.— Confined Nine Months.
JAMES BURR . I am a salesman, at Stepney. On 30th July, a little after nine o'clock, I had fifty-two sheep, with "L" on them, safe—I received information, and found only fifty—there was blood on the bank and on the ditch—I saw the skins of my sheep at the station, with "L" on them.
THOMAS KELLY (police-sergeant). On 30th July, at twenty minutes to two o'clock in the night, I saw the prisoner with a bundle under his arm, in Whitechapel—I asked what he had—he said, "Do you want to see," and threw it down—I found portions of sheep-skin in it, bloody and warm—I asked how he came by it—he said a man in Brick-lane gave it him—on the way to the station, he threw the bundle down, and escaped—I took him again to the station, and found blood on his clothes—I also found knee-marks on the bank.
GUILTY . Aged 21.— Transported for Seven Years.
MR. SIMPSON conducted the Prosecution.
MARY CURTAIN . I was out of service, and lived with my father, James Curtain, at Stevens'-place, Somers' Town. On Sunday, 23rd July, at six or seven o'clock in the morning, the prisoner and several men came and had some ginger-beer and coffee—he did not pay for it, but came up to me, put his hand into my pocket, broke the string of it, and left the house with it—there was a half-crown in it, there was 9s. or 10s., and 2s. or 3s. in copper—he returned in a quarter of an hour with some more men, and I gave him in charge.
Cross-examined by MR. METCALFE. Q. Had he had any gin? A. No—he had been there about half an hour—I served nothing but ginger-beer and coffee—there was another female there, but I took the money for everything.
GUILTY . Aged 21.— Confined One Year.
MR. METCALFE conducted the Prosecution.
JAMES CAVENDER . On 9th July, I went to the prisoner's house, and he and his wife were jawing"—the prisoner dragged me into his room—there was half a brick on the dresser—my head was struck with it—I cannot tell whether the prisoner or his wife struck me—he was drunk, and said, ""what
business have you in my house?"—I said, "None, I only came in to listen to the row "—I found my head bleeding, fetched a policeman, and gave him in charge, as I thought he was the most likely to have done it—he told the Magistrate he did it—he said if I did not go out he would finish me.
DANIEL PAUL (policeman). I took the prisoner and told him the charge—he said he knew nothing about it, the boy broke his place open—at the station he said he struck the boy with a brick—he was not drunk—the boy's head was bleeding.
Cross-examined by MR. HORRY. Q. Did not he say, "The boy threw a brick and broke the pannel of my door in? A. Yes; I found the pannel broken.
GUILTY of an Assault . Aged 45.— Confined Three Months.
WILLIAM SOUTH . I keep the Nag's Head public-house, at Hammersmith. On 7th May, I employed the prisoner to take my horse and cart to fetch some potatoes, and gave him 2l. 8s. 3d.—he was to bring them, back before dinner—I did not see him again, nor the horse or money—the cart was left behind.
Prisoner. It was my horse, you lent me the money to buy it. Witness. You bought it for me.
RICHARD TAYLOR . On 1st May, at eleven o'clock, I saw the prisoner with a brown gelding at Ickenham fair—I offered him 3l. 15s.—he would not sell it under 4l.—next morning I saw him trying to change it for a black mare—I took him to some one who bought it—he said he brought it out of a linen cart.
EDWARD SCOTNEY (policeman). I took the prisoner on 10th Aug.—he said Mr. South lent him the money to buy the horse—I said, "He did not lend you 2l. 8s. 3d."—he said, "Yes, he did"—I was present when Mr. South gave the prisoner the 2l. 8s. 3d.—it was to buy potatoes—he told him to make haste back.
GUILTY . Aged 38.—Recommended to mercy— Confined Nine Months.
ANN CLARK . I live at Wood's-place, Clerkenwell. I fell in with the prisoner, and drank with him—I took out a bag with four sovereigns and four half-crowns—he snatched it from me—I know he had no money of his own.
Cross-examined by MR. HORRY. Q. Was not he a little drunk? A. Yes; I was not.
GUILTY of larceny. Aged 26.—Recommended to mercy— Confined Three Months.
GUILTY . Aged 17.— Confned Six Months.
WILLIAM HIGGINS . I live at Pleasant-place, Lower-road—I saw the prisoners loitering about Mr. Jackson's shop—they sat down on the step of the next door—I next saw Glenman pass this shawl to M'Queen—they went different ways.
GLENMAN— GUILTY . ** Aged 17.— Transported for Seven Years.
M'QUEEN— GUILTY . ** Aged 17.— Confined One Year.
WILLIAM HARDING . The prisoner was my servant fifteen years. On 15th July, I told him to find me a purchaser for some tiles—I found he had sold them—I gave him no authority to do so—I could have sold them for four times the money—I asked him for the money—he said he had spent it.
Prisoner. I did not know what I said.
GUILTY. Aged 50.—Strongly recommended to mercy.— Confined One Month.
JANE FISH . I am a widow, of Frederick-place, St. Pancras—the prisoner is my son—on 26th July I was going out to market, the prisoner recommended me not to take my money with me—I left a bag containing five sovereigns and a half in a box in the kitchen—I missed it next morning, and the prisoner also.
GEORGE JOLIFFE . On 26th I took the prisoner's clothes from him in gaol—he said he had concealed a sovereign in the back of his coat—I said I had not seen it—he said he would rather lose it than say anything about it—I searched his coat and found it—a new suit of clothes were taken off him which his mother knew nothing of.
GUILTY . * Aged 23.— Transported for Ten Years.
(The prosecutrix stated that the prisoner had repeatedly robbed her.)
JOHN ADAMS . I am a baker, of High-street, Camden-town—O'Neal has been in my service some time—I missed a hearth-rug—I called Sugg into the room, and was going with him to the pawnbrokers—I said nothing to him about the rug—he said, "It is about the hearth-rug, I hope you will forgive me"—the pawnbroker said, "That is the young man who pledged the hearth-rug"—going back, I asked him how he could serve me so—he said "Henry gave them me, and we divided the money"—I asked O'Neal how he could give that man the hearth-rug—he said, "I did not give it him"—I gave them in charge.
SUGG— GUILTY . Aged 56.— Confined Six Months.
O'NEAL— GUILTY . Aged 26.— Confined One Year.
(There were two other indictments against the prisoners.)
GUILTY . ** Aged 16.— Confined Six Months.
HENRY LEWIS CæSAR LANGRISH . I keep a ready-made clothes shop, in St. John-street. I received information, followed the prisoner, gave him in charge, and found my waistcoat under his—he said his mother told him to bring a waistcoat to show her—we met his mother, before she knew anything about it; she said "I told him to bring home a waistcoat to show me"—half a gross of buttons were found at her house belonging to me.
GUILTY. Aged 15.—Recommended to mercy.
Confined for Seven Days, and Whipped.
JOHN SHERRAN . I keep the Blue Anchor, at Ratcliff—the prisoner came to me for a lodging—I missed a bag containing crowns, haif-crowns, sixpences and groats—I asked the prisoner if he had been in my bedroom, and how he liked it—he said he did not know what part of the house my bed-room was in—I took him there, and said "I am confident you have been here, and what have you done with the bag of money, have you spent it?"—he said no; that he had taken it and hid it—I asked where—he said, "Underneath a large tavern, at London-bridge"'—I went with him and found it there.
GUILTY . Aged 21.—Recommended to mercy.— Confined One Month.
OLD COURT.—Saturday, August 26th, 1848.
PRESENT—Mr.BARON PLATT; Sir JOHN PIRIE, Bart., Ald.; Mr. Ald GIBB; Mr. Ald. FINNIS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Second Jury.
GUILTY. Aged 45.— Judgment Respited.
GUILTY .— Confined Twelve Months.
REES SILVANUS PRICE BAMFIELD . I lodge at 18, Percy-street, in the dwelling-house of Mr. Tate. On 23rd July, when we went to breakfast, the plate was missing—it had been all in a basket together, and was worth 10l. or 15l.—I have not seen it since.
ELIZA CLIFTON . I am servant to Mr. Tate. On 23rd July, about seven o'clock, the prisoner came and asked for Mrs. Piper, who lodged on the second floor—I let her in—she went up stairs, and I saw no more of her—I afterwards heard her come down, run through the passage, and shut the door—I went into Mr. Bamfield's sitting-room and missed the plate, which was safe at a little after ten the night before—no one had been there that morning—I was up first.
EMMA BOUGHTON . I am servant at 23, Percy-street, opposite Mr. Tate's. On 23rd July, a little after seven o'clock, I was in the drawing-room, and saw the prisoner looking down Mr. Tate's area—I saw her go in—she had nothing with her—she came out in about ten minutes with a bundle under her shawl, and ran up the street.
JOHN SERGEANT (policeman, P 65). I took the prisoner on 12th Aug.—she denied any knowledge of the robbery, or knowing where the street was—at the sration she said she had lived there as servant to Mr. Tate—I saw her near Mr. Tate's door about twenty minutes to six on the morning of the robbery, and spoke to her—I am sure of her, I have known her so long.
Prisoner's Defence. I went there to call two apprentices, who had to get up early, and at eight o'clock the servant came to me when I was in bed, and said nothing about the plate.
ELIZA CLIFTON re-examined. Mr. Bamfleld sent me to her to ask for a pair of boots which she had sent to be mended, and she was in bed, and I did not know her again—I had never been her before that morning.
MR. BAMFIELD re-examined. I sent her to see if the girl was there, and told her not to say anything about the plate.
NOT GUILTY .
Before Mr. Baron Platt.
MR. ATTORNEY-GENERAL, with MESSRS. WELSBY, BODKIN, and CLERK, conducted the Prosecution.
REUBEN BROTHERS (policeman, 55 C). On Monday evening, 31st July last, I was at the house 83, Dean-street, Soho—there was a meeting of persons there—I had been there previously—I know it is a place of resort for Chartists—I was in plain clothes—I was sent there for the purpose of watching what passed—the meeting was held in the first floor front room—I got there about eight o'clock—there were about 150 persons present, I should imagine—they appeared to be mechanics, and the lower order of Irish—I heard a person read something from a newspaper to the meeting.
MR. PARRY. Q. Did you see the prisoner there at that time? A. I did not.
MR. WELSBY. Q. How soon after did you see him? A. It might have been ten minutes probably, five or ten minutes—I am not aware who it was that read from the newspaper—I atn not aware that any chairman was appointed—when I first saw the prisoner he was raised on a platform or table—he addressed the meeting—I attended to what he said—I had not the opportunity of taking notes in the room without being observed—I did not do so; but when I left the room I went to the station, and I was there requested by Mr. Beresford, the Superintendent, to make a note of what I stated to him—I did so—that was about three hours after I left the room—this is the note that I then made of what I recollected the defendant to have said—(produced).
Q. Refresh your memory by that, and tell me what you can recollect the defendant said? A. "The late insurrection in Paris had shown how easily a Crown could be crumbled; the time had now come for them to be brave, and the game was their own. He did not care for those persons present who wore other people's clothes"—he said, "I do not care if what I say is criminal, he would speak his own mind; and he stated, for his own part, during next week he should do all in his power to put a stop to trade, and urge the Irishmen in London to rebellion"—the word "I," was of course substituted for "he," he spoke in the first person, and I wrote it in the third—I do not know whether the prisoner was the chairman—I am not aware that they had a chairman, I did not see one—I did not see any other persons on the platform or table at the time he was speaking—there were many persons there.
JURY. Q. Was the prisoner called upon to make the speech, or did he make it spontaneously? A. The announcement was that Mr. Crowe would deliver a speech—I did not hear his name at the time, but great applause followed it, and the prisoner then rose on the table—I did not observe who it was that said he would make a speech.
Q. How did vou gain admission? A. I walked into the room the same as others had done—being in plain clothes I was not suspected—I walked in without saying anything.
MR. WELSBY. Q. When the defendant said what you have stated, how was it received by the meeting? A. With great applause—I was within six yards of the speaker—I could hear distinctly what he said, the certain portions which I have produced against him—he said more than that—I cannot say the exact time he was speaking—it might have lasted half an hour.
Cross-examined by MR. PARRY. Q. How long had you been there before you heard the defendant speak? A. I cannot say the exact time, perhaps twenty minutes—I did not when I went into the room announce my intention of committing to memory what I heard—I did not state that I was present for the purpose of taking a note of what passed, or of reporting what
I might hear said—there were a great many persons present, but still there was room for more—it was inconveiently crowded at that portion where the persons were assembled together, still there was room sufficient for other persons—I cannot tell the exact time the defendant spoke—it might have been half an hour—I would not undertake to swear that he did not speak for nearer three-quarters of an hour—I do not think his speech extended to an hour—my impression is, it was about half an hour—I took this down in pencil and signed it in ink—I am sure it is signed in ink—the signature was put not a great while ago—I have had these notes in my possession without the signature—they have never left my possession since the evening of 31st July—I signed it about an hour ago, because I was requested to sign it by a superior officer.
Q. I suppose you took down what you would call the inflamrmtory Parts of the speech that you heard? A. I took down certain sentences which I paid particular attention to, and which I had an opportunity of listening to—I was some distance from the speaker, and consequently I did not hear the whole of his speech, and I could not retain it in my memory—I only heard parts of the speech—I was examined at Bow-street Police-office—I would not undertake to say that I took down all that I heard, because I heard other portions, but I put down as much as I could retain in my memory—I did not hear the whole of the speech, I probably heard half of it—I have not put half of it down—I have selected certain passages which I considered the strongest, and put them down—in this paper it is written consecutively, one sentence after another—I mean to represent that they were so spoken—they were interspersed with other sentences—this sentence was consecutive, "The late insurrection in Paris has shown how easily a Crown can be crumbled, and the time has now come for you to be brave, and the game is your own"—other matter followed that—the next sentence was, I do not care for those persons present who wear other people's clothes, I do not cart if what I say is criminal"—then another space intervened between that and what I have told you beside—the next is, "I for my own part will do all in my power during the next week, to put a stop to trade, and urge the Irishmen in London to rebellion"—I was examined at the Police-office—my deposition was taken down in writing, I signed it—this signature, "Reuben Brothers." in two places, is mine—the clerk did not ask me whether it was correct before I signed it—I am not aware that he did—it was read over to me—I was asked if it was correct after it was read over, and I answered that it was—it was then handed to me, and I signed it.
Q. Why did you not say so at first? A. I took the question to be, whether the person who handed me the paper asked me if it was correct—I do not remember that I was asked whether I had anything to add to it—the defendant said, with a very little exception, the charge was an entire fabrication—he asked me whether I had taken notes at the time—I answered that he had not an opportunity without being observed—(the Witness's deposition being read, was as follows)—"On Monday evening, 31st July last, I attended a meeting held at the house 83, Dean-street, Soho—I had attended meetings there before, and know it is used for meetings of the Chartists—I was in plain clothes on the occasion in question—the meeting was held in a large room capable of holding 200 persons, on the first floor—there were from 100 to 150 who appeared to be principally mechanic, some women, and children—I heard a young man read some extracts from a newspaper—one of the expressions used as an extract from the paper was, 'To hell with the Queen'
—that expression met with general applause—I heard the defendant speak. about five or ten minutes after that extract had been so read—I paid strict attention to certain portions of his speech, with a view to carry them in my memory—he stated as follows, 'The late insurrection in Paris has shown how easy a Crown can be crumbled; now is the time to be ready, now is the time to be resolute, and the game your own—I do not care for those persons present who wear other people's clothes—I do not care if what I say is criminal—I for my own part shall do all in my power during the next week to put a stop to trade, and urge the Irishmen in London to rebellion '—there was general applause at the conclusion of the last sentence—I was about six yards from the prisoner. Cross-examined by the prisoner—I did not make any notes at the time in writing."
Q. As regards that expression, "To hell with the Queen," did not the defendant say before the Magistrate that he did not hear that? A. He did—I did not hear him say he believed there must be a mistake—I swear he did not say to me, "Have you any writing against me, or any document against me?"—I swear positively no such question was ever asked me—I got to the meeting about eight o'clock—I left between nine and ten—I cannot say the exact time, I did not pay any attention—I will not swear it was not between ten and eleven when I left—I believe it was between nine and ten—I swear it was not after eleven—these notes were written between twelve and one, at Hyde-park-corner, at the Police-section-house, under the arch of the Wellington statue—it is not an ordinary station-house—it was written in a room under the arch—they have never been out of my sight since—I had them at Bow-street, but I did not make use of them—I stated at the Police-office that I paid strict attention to certain portions of his speech, with a view to cary them in my memory—I did not tell the Magistrate I had the notes, because I thought it I could give a verbal statement correctly, without refer-ring to the notes, it would be sufficient.
Q. When the defendant asked you whether you took any notes at the time why did not you say to him, "No, but three hours after the meeting I took down what you said, and here it is;" and why did you not produce the paper? A. I merely answered the defendant the question he put to me—I did not think it necessary to say that.
Q. On our oath, have you not written this paper since, and copied it from your depositions? A. I have not—I swear that, nor did I copy it from a copy of my depositions—I have been in the police force about six weeks from the present time—I am engaged as a regular officer—I believe I attended about five meetings previous to 31st July—meetings generally take place every night except Saturday, including the Sunday—the first meeting I attended I think was about the 25th or 26th July—I had been in the police about a week when I began to attend these meetings—I had never been at these meetings before I was made a police-officer—I was a druggist before that—I did not keep a shop—I was an assistant—I was in the shop serving medicines, and making up prescriptions occasionally—my salary was 20l. a year, and I was boarded as well—I get 16s. 8d. a week as a policeman—I was last employed with Mr. Tracy, of 54, New Church-street, Paddington—I left him about twelve months ago—I resigned—I have been living at Notting-hill since I left Mr. Tracy—I was expecting to obtain a situation on a railway but I have been disappointed—I left Mr. Tracy because I wished to better myself—I expected to obtain the situation every week—I was living with my father at Notting-hill—he was supporting me—he is a yeoman of the guard—I do not know what his income is—I resided with my family
during the whole of that twelve months—I have a mother, sisters, and a brother—I was in the country a fortnight, at my brother-in-law's, with whom I had previously lived as an assistant—I was only a fortnight away from my father's during the whole twelve months, not to sleep out, not for a week or fortnight together—I went into the country soon after I left Mr. Tracy—I did earn money, through my father, as an undertaker—my father is an undertaker—I had no other employment—I am twenty-three years of age—I was with Mr. Tracy about six months—before I was with him I was with Mr. Wray, a druggist—I left him two or three weeks before I was with Mr. Tracy—I remained with Mr. Wray about six weeks, and left because he was insolvent, and I could not obtain my money—previous to that I was engaged rather better than twelve months with Mr. Griffiths, a surgeon, of the Bethnal-green-road—I was originally about to be apprenticed to a jeweller, but I never served my apprenticeship—I have followed no other occupation—I made application for as appointment in the police—the Commissioners did not seek me out—I applied a fortnight previous to my entering the force—I have not attended Chartist meetings before I was a policeman—those at Dean-street were the first that I attended either as a policeman or in any other way.
Mr. WELSBY. Q. To whom did you make your application for an appointment? A. To Mr. Williamson, superintendent of the T division at Hammersmith—inquiry was made about me, and testimonials obtained—I was about sixteen years old when I was first employed as a druggist's assistant—I was then employed by my brother-in-law—I made the note of what I heard at the request of Mr. Beresford, the superintendent of the C division—I did not make the note in his presence, but I was supplied with paper by him; and he told me not to leave it till the morning, but to make it that night, before I went to bed—I did so—I produced it next morning, not to Mr. Beresford in the first instance, but I believe it was afterwards shown to him—that was before I was examined at Bow-street—I was originally directed to go to these meetings by Sergeant Coombs, of the C division.
JURY. Q. When you went to the meeting did any one ask you whether you were a Chartist, or a member of the Irish Confederation, before you got in? A. No; it was open to the public, with the exception that, if they suspected persons being policemen, they would not let them in—they have since then denied me entrance—Mr. Tracy, my last employer, and Mr. Godfrey, of Notting-hill-square, signed my recommendation for the police, and I received a testimonial from Mr. Tracy in addition—I left him about twelve months ago—it might have been July or Aug. last year.
JOHN GREY , (policeman, C 10). I apprehended the prisoner on Saturday, 5th Aug., at No. 1, Orchard-street, Camden-town, as he was coming out of the door—I told him I took him on a warrant charging him with using seditious words at the meeting held in Dean-street, Soho, on the previous Monday—he said he was not surprised at that, he was aware of it, he heard of its last night (Friday)—he then took this paper (produced) out of his pocket, which he handed to a female—I took it from her—it was in the street—I went into the house with the landlady, and into the front-room up stairs, and there found this card (produced).
Cross-examined. Q. Tell me exactly what he did with the paper? A. He put his hand behind him, took it out of his pocket, and handed it to the female, who I believe is his sister-in-law—I took it from her hand, and it has been in my possession ever since—I have known the prisoner for some months—I did not know the female to be related to him—she was not lodging in the house.
WILLIAM DAVIS . I live at 1, Orchard-street, Camden-town. The prisoner lodged there at the time he was apprehended, and occupied the front room up stairs—I have a wife—she is not here—(The card, which was here read, was on one side green, and on the other red, with the motto of a harp, "Let every man have his own country. Mr. Robert Crome, on 26th April, 184—, was duly admitted a member of the Irish Confederation. Signed Thomas M'Hallpin, Secretary. No. 7154." On the back was printed the rules of the Confederation, resolved on at the Rotunda, on 13th January, 1847).
The ATTORNEY-GENERAL proposing to read the paper found upon the defendant, MR. PARRY objected, there being no evidence of the handwriting, it having no reference to the speech for which he was indicted, and there being no reason to suppose it was ever intended for publication. The COURT considered that whatever the effect of it might be, its being found upon the defendant, rendered it admissible. (The paper was here read.) "An address. Educate that you may be free. My Brothers, we live in very extraordinary times—the spirit of Revolution is fast thickening around us, and Freedom marching with giant strides over the earth, making even Kings and Governments submissive and obedient to the will and authority of the people—the people, the despised and oppressed victims of every species of aristocratic insolence which pampered wealth and outgrown profligacy could invent, the people at last forcing their recognition of their power, as expressed by M. de Lafayette when he said, 'For a nation to love liberty it is sufficient that she knows it—to be free, it is sufficient that she wills it;" the people, in whose ranks it is our proud boast to be numbered, striking down with a mental sledge those innumerable grievances that tend to enslave them; yes, the people, even in this country, crippled as they are by class legislation, the inevitable offshoot of personal aggrandizement, which, if permitted to continue, would stamp indelibly on the character of Englishmen "that most unholy and ungenerous passion called selfishness; albeit, the utter extinction of nationality, a deathblow to patriotism. In this condition, my brothers, as a portion of the people, it is befitting us to resolve what course to pursue, whether to return in seclusion within the precincts of selfishness and despair, and with open your mouth and shut your eyes, policy, wait and see what these Lords of the soil will send you; or whether, obeying the instinctive spirit of freedom which in youth swells our souls with passions and our hearts with firmness and resolution, we disregard the timid injunctions of Conservatism, and dare to climb the hill of life, regardless of the dangers attending, that we may one day realize the promise of a beautiful prospect from the top, the prospect of a nation lifted from the slough of moral, social, and political despond, in which we find her, to a state of contentment and happiness. To aid in the accomplishment of this task we offer to devote ourselves, and now let us consider in the first place its true extent and nature, and in the second place the means of accomplishment within our reach, & c. I now come at once to the lever by which the whole machinery of our league must be worked, namely, the obtainment of the suffrage in its most unrestricted meaning; for as Government is for the whole people and not a class, and as the object of Government is to promote the happiness and improvement of the whole people and not a class, and as all the people, individually or collectively, take a life and death interest in the promotion of their individual and collective happiness, it follows, therefore, that the entire people by the exercise of individual power, are the true holders of legislative power; this step once obtained we would advance for the overthrow of a class legislation from whence all class distinctions emenate—Royalty and all its attendant manifestations of middle-aged despotism, must
be either greatly modified or annihilated, the aristocracy shall have no mercy at our hands for they are almost exclusively the descendants of a set of successful robbers, who invaded these countries some centuries back, and as yet hold the land by right of conquest, and by the people's sufferance; and that monstrous incubus called Church and State interest, which hangs as a dead weight on the labour-market, crippling and perverting the mind, and tying the hands of the labourers, at the same time must be sent out upon the world to seek a more honourable and virtuous occupation—(Signed R. CROME.")—The following was at the back of the same paper: "And so the time has come at last, the time long-dreaded by some, but by all true lovers of freedom long looked-for, the time when our own dear land, our native land, cradle of mirth and misery; child of impulse, slave of passion, fountain-stream of good and ill, nurse of the brave parent of beauty, land of the patriot, the martyr, the slave, the spurned and trampled on, the joyless-tribe, the alone among the nations! Ireland is in arms, oh! at last, amid doubtings and eclipses, the Sun of Ireland peeps through the murky clouds—the heat is diffusing alike its brilliant light and its genial warmth to bless her rugged surface! Oh, yes, Ireland, in spite of all the machinations which tyranny could invent, ruthless and blood-gorged tyranny could do, Heaven's pure light stalks; pierced thy dungeons, and those felons' chains, that with Lilliputian ingenuity strove to enthrall the slumbering giant of Irish discontent, falls to the earth! When God's greatest blessing, liberty, had breathed upon them, yes, our pledged faith partook of the invocation, which falling from a Grattan's tongue, dashed the blood-stained sceptre from the quivering grasp of British despotism: yes, the invocation when Britons trembled as the voice of united millions taught to know their strength, proclaimed it; yes, the invocation which when Freedom's draught was quaffed but inflamed the canker of past misrule and scenes of blood, and we followed to behold her once more in arms against her gaoler—yes, the invocation which, when a victor of Waterloo and a bantling of Tamworth dared to crush a nation's voice, hurled its thundershaft of defiance from Mallow, making the puny intruders shrink again; yes, the invocation which, when a storm of desires had wrecked our bark of pride, our cherished-one, the lowly of Glasneven, gave life and action to slumbering thought, baptizing the young Phalanx in the name of liberty; yes, the invocation, which, when a partizan judge, a packed jury, and a juggling sheriff transported our dearest one to a foreign island, did instantly throw off the foibles which made our country infantile, and assumed, and at this moment does assume, a manly and different attitude. Too long, oh God! has out country bent in abject slavishness, supplicating for leave to live at the hands of those whose interests it is to make us starve. How long, oh God! shall thy throne be insulted by the piteous prayers of the crouching slave, sustained by the niggard crumbs of British charity: how long oh God! before this cringing herd becomes a dauntless band, lifting before thee their prostrate forms, erect and manly, and ring through the confused brain of Britain, the thrilling shout for justice, which though long delayed she must accord. Oh! the hour of retributive hope mounts sentinel in our hearts, and already in perspective we see----"—(The paper here terminated abruptly.)
HENRY BERESFORD . I am superintendent of the C division of police On Monday, 31st July, I was at the Vine-street Station, Piccadilly—between eleven and twelve o'clock, as nearly as I can judge, Brothers came there and made a statement to me of what a man had said—I gave him paper, and told him to go home immediately to the Arch section-house, where he lived, and make notes as soon as possible in writing—I afterwards saw this paper—
(looking at it)—it is peculiar paper which we have for our purposes—this is the description of paper which I gave him—I saw this the next morning—I think it was at the Commissioner's—I think Brothers was sent for there—I will not swear whether he produced it at the station, but I saw it most decidedly—he was sent for to the Commissioner's that morning, and I am not sure whether I saw the paper before he got there, or at the station—I am certain I saw it at the Commissioner's—my impression is that he brought it to the station next morning, and produced it to me, because I had a report to make on the subject—I made my report next morning to the Commissioners—Brothers was sent for in consequence of that report—I will not swear whether that was the same morning or not—he was sent for in consequence of the report—I believe I saw this report the same morning, to make my report to the Commissioners upon—I would not undertake to say the exact evening upon which I gave him instructions to write down what he had heard, because he was sent several evenings, but it was on the evening that he made the report respecting the prisoner most decidedly, and I believe it was Monday evening—I will undertake to say that it was before the Saturday in that week that I saw it—I swear three days did not elapse before I saw it—I am quite certain he was sent for to the Commissioners—my only difficulty is whether it was the same morning or not.
Cross-examined. Q. You seem not to have a very clear recollection of it; was it on the evening he returned and made a report to you that you gave him this piece of paper, or a piece like it? A. I gave him more than one sheet, I believe—I think I gave him two sheets—he made his report to me after the meeting—he went to some meetings prior to 31st July, but nothing important occurred—he made reports to me of those meetings—I did not give him paper then—there was nothing that I considered important—I think he had made three or four reports before this, I am not certain—I am not aware whether there is pen, ink, and paper at the section—it is a place where they lodge, at one side of the triumphal arch—he may have pen, ink, and paper there; we do not find it—I have just arrived here, I was fetched from Vine-street station by a policeman of the A division—he is outside—I have not been examined before by the clerk to the Treasury, or by any one—I came here with the policeman in a cab.
COURT. Q. Did he tell you anything about this case? A. He only said that he thought I was wanted as to sending Brothers to the meeting, but as to any detail of anything not one word occurred—he did not say anything about a paper that had been produced on the trial.
MR. PARRY. Q. Are you sure of that? A. I understood him to ask why I sent Brothers there—we have to make out our charge-sheet at the Vine-street station—there is a desk, pen and ink there, but nothing of the kind at the section, where Brothers lodged, that was why I gave him the paper.
Q. Why did you not desire him to write it at Vine-street, that you might see what he wrote at the time, instead of letting him go home to the other place? A. He might have written it at Vine-street—there are plenty of tables at the section—I dare say the men have writing conveniences there among themselves, but none are supplied by me—he was anxious probably to get home—I know of no other reason why he did not make it at Vine-street—I merely gave him the paper, and told him to make memorandums of the remarks he had heard at the meeting—there is no rule in the force to prevent his writing there—he might have written there if he had Pleased, or if I had desired him—there is great confusion there generally
with night charges coming in, and I believe there was at that time—a man might be disturbed in a moment if writing there.
COURT. Q. What time of night is there the most confusion? A. Generally from nine till twelve or one o'clock, when charges for drunkenness, and so on, are brought in—there is a good deal of drunkenness in that neighbourhood—I think Brothers sleeps at the section, it is his lodging—the time to come on duty at Vine-street is nine o'clock in the morning.
(MR. PARRY submitted that the evidence given, did not sustain the indictment, the observations of the defendant being there set out consecutively, and the proof being that they were disjointed sentences. To show that such a variance whould he fatal to the indictment, he referred to the rulinq of LORD ELLENBOROUGH, in Tabard and Tipper, 1 Campbell, p. 352. MR. WELSBY contended that the proof of any; one seditious sentence complete in itself, nothing being adduced by the defendant to qualify it, was sufficient. The COURT also being of that opinion, overruled the objection.)
GUILTY . Aged 24.— Confined Two Years, and fined 10l.; and to enter into his own recognizance in 100l., and find two sureties of 50l. each to keep the peace for five years.
(The Jury expressed a wish that on similar occasions more than one witness should be called.)
MR. CLERK conducted the Prosecution.
MICHAEL SCULLY . I am ballastman, in the employ of the Trinity Corporation. On 17th July I was in a boat on the Thames, near Blackwall, with the deceased John Doherty, and his father, mother, and sister—some barges belonging to the Trinity-house were moored near the West India Docks—I was in the stern-sheets of the barge—it was a lighter, not likes a coal-barge—the cabin—head was decked—there was one man on it, and another on the cabin—head—the prisoner was taking the wash-boards out—the deceased got out of his boat and came on to the barge, and asked the prisoner to let the wash-boards alone—the prisoner asked what that had to do with him, and said he did not belong to the barge—deceased said if he did not, he belonged to another belonging to the same Corporation, and it was all the same, and stepped down to take hold of one of the wash-boards—the prisoner said, "You shan't have it," and challenged him down in the hold to fight—deceased stepped out of the boat into the barge, and said, "I am low enough where I am"—before he had time to go to the cabin head the prisoner struck him, and knocked him overboard—I was four or five feet from them—the other man did not interfere till deceased was knocked overboard—Dohertv had not time to raise his hand—his sister was on the barge—she got out of the boat before me, and had hold of him at the time he was knocked over, trying to pull him away—I saw him in the water, and stepped into the boat and shored off to save him, but a steam-boat passed by, which caused a swell, and he was drowned—he was not prepared to fight—he had had a fever six weeks, and had only come out to see the rowing-match—there was only one person on that part of the barge when he was struck.
Cross-examined by MR. METCALFE. Q. Did you not hear bad language used? A. No; the prisoner did not say, "D----your eyes, let it alone"—the deceased was looking towards the prisoner—he go out of the boat and walked not quite up to him—when I got out of the boat, the prisoner was setting the wash-boards for the women to sit on—I was as sober as I am
now—the deceased had drunk very little—I stepped on to the gun wale not a minute before the blow—I had taken about two steps aft on the barge—the prisoner was between me and deceased—I saw a stout man before the Coroner, whom they said was the prisoner's brother—that man was not on the barge.
MARY ANN DOHERTY . I was with my brother on the boat on 17th July—he got on to the barge, and I followed him directly—the prisoner was on the barge—my brother went to him and asked him for the boards—the prisoner said they did not belong to him—my brother said if they did not belong to him they did to the same Corporation—the prisoner said those who came to work in the morning would lose their day's work if the boards were put astray, and he said, "Blast the boards, what right have you to the boards? "—my brother used angry words—the prisoner said, "Come down in the hold and fight"—my brother said he was low enough—I took hold of his hand and said, "John come along," as I saw words were going to occur, and said, "I shall go"—he took my right hand and said, "Wait a minute"—he had not time to turn round, when the prisoner hit him, and he fell overboard—his other hand was down by his side—my father and mother went to look for him—I took hold of the prisoner and said, he was the man that threw my brother overboard, and said I would follow him wherever he went—he took hold of me and said, "You b----y bitch, if you say much more, I will throw you where I threw your brother "—I took off my bonnet and hailed for assistance—two gentlemen came in a boat—I went ashore with him in the boat to the station, and did not lose sight of him.
Cross-examined. Q. Was any one with you? A. My little brother, ten years old, was on the barge at the other end—he is not here—no one was on the barge when the prisoner used that expression to me—only Michael Scully was there when the blow was struck—a good many people were on the wharf to see the race—I did not see any barges near.
COURT. Q. Who was on this particular barge at the time? A. A good many people before the blow happened—I had been on board between five and ten minutes when the blow was struck—my brother had hold of my hand when he fell—I caught hold of his coat when I told him to come away, to pull him away—I did not hold him a minute—he turned round directly—Scully was standing still baleing out the boat—directly he heard the words he jumped on the barge, and was in it when the blow was struck—I saw women sitting at the other end of the barge when I went on—the prisoner was the only man I saw—the boat had been alongside five or ten minutes when the blow was struck—the words took place three or four minutes after my brother got in—the words did not last five minutes before he was struck—when my brother went over to the boards I followed him—wicked words occurred, and I told him to come along—I had heard the challenge to fight.
JOSEPH PUDDIFORD (policeman, K 276). On 17th July, I met Scully and the prisoner coming towards the station—Scully gave him in charge for knocking the young man overboard—I said he must go to the station—he said "It is a bad job, it was an accident, but I never put my hand near him."
Cross-examined. Q. Was he with Scully? A. No, he was rather behind—he was making no resistance.
THOMAS PEARSON (policeman). On 17th July, the prisoner was brought to the Poplar station—shortly after, another man was brought by the Dock constable—the prisoner was there, and Scully and the girl—the other man said he was the party who saw the accident, and pushed the boy overboard—
I asked Scully and the girl if there was any doubt as to the identity of the party—they said none whatever—there was a resemblance as far as height went, but one was two years older than the other—one wore a blue cloth waistcoat, and had a rap and molesk in trowsers, he was clean as if he had just been washed—the other had a round straw hat, a blue smock frock, and dirt fustian trowsers, and appeared very dirty, as if he had been at work.
Cross-exained. Q. Who was the other man? A. He said he was the prisoner's brother, in his presence, and said, "I am the man, and not this man"—when the prisoner was brought in, he said he was nut the man—he continued in that denial after the other man came.
MR. METCALFE called the following witnesses:
JOHN BAMBRIDGE . I am a lodging-housekeeper, in St. Georse's-in-the-East. I was on the aft of the barge, about 'midships, and saw the prisoner, his wife, and several women—I had seen him before, but did not know his name—they were on board before me—there were ten or twelve men on the barge in different parts, and about as many women—I should say there were more than twenty—the deceased came up alongside in a boat with several others—he came on board and came up to the prisoner and his wife, and several other women, and desired them to get up—they did so—he took the board, shoved it down to the bottom of the barge, and went away about 'midships—it appeared to have been put there for the accommodation of the women—he began abusing the parties sitting on the board—the prisoner said, "Do you belong to the barge? "—he said, "If I do not belong to this barge I belong to some other one"—the prisoner said, "If you don't let that board alone I will give you in charge of the police"—deceased then began talking about pulling noses and punching heads—the prisoner said, "If you want to punch my head you had better come and do it "—deceased then went to him, doubling his fists, but did not hit him—the prisoner was sitting on the cabin—head, his wife had hold of his arm, holding him down—the deceased stepped three steps back—the prisoner said, "You had better punch my head"—the deceased was going at him again, when the prisoner's brother, who wore a blue frock and a straw hat, got up and gave the deceased a push to prevent the blow, and through the gunwale of the boat being slanting, he was overbalanced and fell overboard—the deceased was near enough to strike the prisoner when he was pushed—I kept my eye upon William Green—he got into a boat with about five men, and rowed ashore as fast as he could—I jumped into my own boat, caught him on the West India Dock Pier, and gave him in charge of the dock constable, who took him to the station—I said, "You shoved that man overboard "—he said, '" I could not help it'—the prisoner never touched the deceased—he was in the act of rising—there is no doubt he would have struck him, but his wife held him down.
Cross-examined. Q. Did you see Mary Ann Doherty on the barge? A. No, she might have been; but there was great confusion—I saw her in the boat—I cannot say she had not hold of the deceased's coat when he was struck—I did not see any one lay hold of his coat—several parties were standing up—I saw no one by his side—I should say he was a foot from the gunwale—there was no one else near it—lam sure no one was holding deceased's hand—he had his fists clenched, and fell over in that way—when the body sunk, William Green elasped his hands—the prisoner sat still the whole time.
WILLIAM BARNES . I was on the barge—the deceased was very saucy about the wash-boards—he threw them into the hold—the prisoner dared him to do it again, and said he would gave him to the Thames Police; and said, "if you want anything, step down into the barge's hold"—deceased went to
sirike him—William Green popped his arm up, to stop him from striking the prisoner, it knocked against his breast, and he fell overboard—the prisoner did not strike deceased at all—he was sitting down by his wife.
Cross-examined. Q. What did his wife do? A. She had hold of him—the girl was ten or twelve feet from her brother when he went over—I did not see her come up to the prisoner, or hear her speak to him when her brother went over.
JAMES WATSON . I saw the deceased's boat come alongside—he got on to the barge, and spoke to the prisoner, who was sitting down; but his brother was by him, standing—the deceased was very abusive, and was going to strike the prisoner—the prisoner's brother got up, and put his arm out to defend him, and deceased fell overboard—the prisoner did not strike or push deceased at all, I am quite sure.
Cross-examined. Q. Did you see Michael Scully there? A. No; I saw Mary Ann Doherty on the gunwale of the barge—I did not see her nearer her brother than five or six yards—I did not hear her say anything to the prisoner—I was between the prisoner and his brother, and between the prisoner and the deceased; within three feet of the prisoner, and about five feet from deceased, who was about eight feet from the prisoner—I went ashore with William Green.
REBECCA BARNES . I saw the deceased get on the barge, and come up to me and Mrs. Green—we were sitting on some wash-boards—he said, "How dare you take those wash-boards?" and was going to take them from under us—Watson said, "Don't let there be any bother"—he got up, the deceased took the board, and threw it in the hold—the prisoner said, "If you do that again, I will give you in charge"—the deceased said to the men," You snotty blackguards, I will come and ring your noses, if you give me any of your cheek"—I cannot exactly say the words that occurred—the deceased held his fist up into the prisoner's face, almost touching his nose—William Green was standing by me—he got up in defence of his brother, but whether he struck or shoved him I do not know—my husband was there—we all went away with William Green in a boat—I did not see that girl till she came ashore (looking at M. A. Doherty), but we had not been on the barge a quarter of an hour when the accident occurred—the deceased was about nineteen—he said he would cut all the ropes, and let their boats go—Watson was not three or four yards from the prisoner and his brother—Scully was not on the barge at all; I am positive of that; he was in a little boat.
COURT. Q. Did not the girl say she would not quit her brother? A.. No; she was not with him—I never saw her at all till she came ashore—I did not know she had been off the shore—the race was not over when I went, but I did not know what to do, and went in the boat with William Green—there was no one else to take us.
DANIEL CAMPBELL . 1 am a coal-porter. The deceased was on board when I went there—he asked the people what business they had with the wash-board, or what business they had on board at all—the prisoner said, "We are doing no harm"—he said, "You have no business here"—the prisoner said, "I merely took the wash-board to make a seat for the women"—the deceased said, "I will cast you all adrift," and put himself in a fighting attitude, as if he was noing to punch him—the prisoner said, "I do not want any of that, if you want that, you had better go below"—he stood over him again, and the prisoner's brother struck deceased, who rolled on the barge, and fell overboard—I was behind the prisoner, in the fore-part of the barge—they were in the after-part—there was no one between us.
Cross-examined. Q. Were there twenty people in the aft of the barge? A. No; I do not think there were not twelve men there—I had a full view of the deceased when he was struck—I saw the girl in the boat: I did not see her on the barge—she was not there when her brother fell over; I saw her in the boat at the time—she never got out till she got ashore—I never went aft—the deceased was a stoutish man, but not able to give a beating to such a man as the prisoner—I distinctly saw the prisoner sitting down—his wife made him sit down, and he never got up after that till he came ashore—the deceased held his head down, over the prisoner, as if he was going to punch him where he sat—he had moved away from him when William Green met him and hit him—he had turned his back on the prisoner, and was going; aft—William was not close to George at all—the deceased was threatening George; I cannot say what he said—he came up to him, I should say, twice, and wen; away—this was the second time—the quarrel lasted lour or five minutes—there were about eighteen men there.
JANE WALKER . My husband is a labourer. I recollect Doherty coming on board with his fists clenched, in a threatening attitude—he had some words about the prisoner taking the wash-board for the women to sit on—one of the men said, "Don't make a noise about it"—the deceased said, "I will pull your nose!" the prisoner said, "If you mean that, go into the hold"—he was in the act of striking the prisoner, when the brother struck or pushed him overboard.
Cross-examined. Q. The deceased had his hand close to the prisoner, and was in the act of pushing him? A. Yes; The prisoner never got up at all—they were on one side of the hold and I on the other—there were four or five men at that end to the barge—my husband was with me—Campbell took us away in a boat—William Green went in first, we all did the same—more than one person could stand between William and George Green when the deceased put his hand against him—William was standing up, I never saw him sit down—I saw a little girl have hold of the deceased's hand on board the barge—she came running to us, and said, "For God's sake, what shall I do, my brother is drowned "—when the deceased came, he put her on board before him—the deceased said he would cut the headfasts, and she stood by him then—I was a stranger to all the parties—I could perfectly see what was done—William Green was between me and the prisoner, but was nearer the edge of the barge—I could distinctly see all three.
ANN MARTIN . I saw the deceased on the barge—he and the prisoner had a few words about a board—the deceased stood with his fists clenched over the prisoner, who was sitting down—a man with the prisoner said, "What are you making such a noise about?"—the deceased said, "For a halfpenny I would ring your nose," and made a blow at his chest—he was close enough to hit him, but I did not see whether he did—the other man struck him in the chest, and he was overboard in a minute—I saw him rise twice in the water—the man went ashore directly after—they said he was gone—the prisoner never rose till the lad was in the water—I saw a little girl and boy on board—I did not see her near the deceased—she came ringing her hands, saying, "Oh, my brother! my brother! how shall we get ashore; let us get into your boat!"—I did not see her while they were talking about the wash-boards, not till she came to Where the men were, when the man was in the water—I (did not see her put her hand near the prisoner—we left her on the barge, and came ashore—I was looking at the lad when he was struck there was no one between him and me—the girl might have been by him—she was not close to him at the minute I saw him go.
JURY. Q. Did you see the prisoner come on shore? A. Yes, in a fishing smack, with his wife—the girl came up the passage after him, as it were pursuing him—she kept up with him—she came to the same place where we landed—directly he came ashore, I said, "That is not the man who knocked the man overboard"—she heard us all say so—she was not accusing him of it—she followed him. and gave him in charge.
COURT. Q. How was the man dressed? A. In a blue smock-frock or shirt, and straw hat—the prisoner had on, I think, a sleeve waistcoat and white trowsers—I did not see William go ashore, but I looked round, and he was gone; and just as we got ashore, the prisoner came ashore with his wife—I saw no one else—that is the man who did it—(pointing to William Green.)
(The Court having cautioned the witness that he was not bound to state anything that might criminate himself, the examination was not pursued.)
NOT GUILTY .
NEW COURT.—Saturday, August 26th, 1848.
PRESENT—Mr. Ald. FINNIS; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged.— Confined One Year.
GUILTY . Aged 46.— Confined One Year.
GUILTY . Aged 24.— Confined Six Months.
GUILTY . Aged 25.— Confined Six Months.
GUILTY . Aged 32.— Confined Six Months.
GUILTY. Aged 18.— Judgment Respited.
MR. PAYNE conducted the Prosecution.
WILLIAM WARNINGTON . I am butler to Mr. Charles Tottie, of 52, Montague-square. I missed the property stated, on 19th July, about half-past four o'clock in the afternoon—I had seen it safe at a quarter before four—it was produced to me again by the policeman at a quarter before five—it is my master's.
Cross-examined by MR. PRENDERGAST. Q. You never saw the prisoner in the house? A. No—I did not see him till he was at the Police-office.
JOHN SPITTLE (City policeman, 671). On 19th July I was passing along Portman-square—I saw the prisoner come out of Lower Berkley-street—he was running, and holding up his right-hand pocket, which had something in it which rattled like silver—he stood, and looked about, and returned to Lower Berkley-street again—I took him, and found on him these spoons, and other things, which have been identified by the butler.
Cross-examined. Q. How far was the prisoner from Montague-square? A. About 200 yards.
STEPHEN THORNTON (policeman, A 26). I produce a certificate of the prisoner's former conviction, by the name of James Sullivan—(read—Convicled Aug., 1847; confined three months)—the prisoner is the person.
GUILTY . Aged 17.— Transported for Seven Years.
EMILY FARRER . I am single, and reside at 6, Crawford-street, Bryanston-square. About two months ago the prisoner came to my house—I did not know him before—he introduced himself as Lord Barnard—he gave a note to the servant, it was put on the mantel-piece—the prisoner came in afterwards—I do not know whether he saw the note—my watch was on the mantelpiece at that time—it was very much out of repair—he said he would get it repaired—I said, "No"—he said he would buy me a new one—he went away soon after, and I believe he took the watch with him—I did not authorize or allow him to take it—I met him about a month afterwards, in Regent-street—I accused him of taking the watch—he said he had done so to get it repaired—I did not call him Lord Barnard—I told him I thought he was a thief—he gave me a note—I have not got it here, I have forgotten both the notes, but I have sent a person for them—his sister brought the watch to my house last Sunday—that was since the prisoner has been in custody—this is my watch (produced)—I did not try to find the direction of his lordship.
Cross-examined by MR. HUDDLESTON. Q. Do you live by yourself? A. I do—I have lodgings of my own—I objected to Lord Barnard taking my watch—I would not allow anybody to take anything to be repaired—I did not get very friendly with the prisoner—there is not a bed-room attached to my room—the bed-room is up stairs—I was not in the bed-room with the prisoner—there is not a sofa in my room—he did not stay with me two or three hours—he was not with me more than an hour—he said he should like a cup of tea, and I made him some—we drank tea together—we were talking during the time—I believe I told him how long I had been living in that street—I do not remember what conversation took place—it was merely about the watch—he said he would take it, and get it mended.
COURT. Q. Did you authorize him to take it? A. No—when it was brought back, it was not in a state of good repair—it was just as it was before.
GUILTY . Aged 28.— Transported for Ten Years.
ANNIE FESCHER . I was living, at 94, Jermyn-street. While I was there the prisoner sent this note (produced) by the servant, and shortly after he came in—I had a gold ring on and he asked me if I would not like a diamond ring better—I said, "Yes"—he said he would send his servant the next day with diamond ring—he took the gold ring off my finder to ascertain the size—I said nothing—I did not mean him to take it—this is my ring (produced).
NOT GUILTY .
NOT GUILTY .
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
THOMAS WEBB GREEN , Esq. I am a barrister, and am one of the directors of the Medical, Legal, and General Mutual Life-Assurance Society, to which the prisoner filled the situation of secretary and actuary, from 1846, when it was completely registered—he had been employed previously to that—in consequence of circumstances that attracted the attention of the directors, the prisoner was suspended, I think, on 18th April—I went through the accounts with him on 24th April, after his suspension—he had the account of premiums and the interest account—I went through the interest account with him—this is the ledger—(produced)—at page 136 here is an entry headed "Interest on Shares"—amongst the entry of paid dividends, here is a dividend entered as paid to Dr. Chalmers—I do not think I called over these names to the prisoner—I had been through the account previously by myself, and I said to him, "Mr. Morris, here are several entries here of money paid for interest for which I have no vouchers"—he said, "The vouchers, I think, are in the iron safe"—this paper (looking at one) is the form of a receipt used in reference to the payment of dividends due on 31st Dec.—this account in the book refers to dividends due at that period—this form is a voucher to our bakers who pay it—this came to us as one of the vouchers for the paid dividends—this, to the best of my recollection, is one of the vouchers which I found in the iron safe—I had possessed myself of them before, though the prisoner did not know it—there were other payments entered in the book for which no vouchers were found—there was a further investigation, the prisoner's attention was called to it, and he resigned—the directors accepted his resignation—the filling up of this receipt is in the prisoner's handwriting, and here is his signature to it as attesting witness to its genuineness—the prisoner putting his name would be to attest the correctness of the document, and that the signature is that of the person receiving the dividend, but not that saw him sign it—this document being taken to Messrs. Praed's would be paid as a check, and come back to us as our voucher—the bankers would not pay it without the prisoner's signature—here is an account for Stallard, 1l. 5s.; T. W. Fletcher, 5l.; Davies, 2l. 10s.; and Richard Hey, of 3l. 2s. 6d.—these others are similar documents purporting to be signed in the same way, all filled up by the prisoner and witnessed by him.
Cross-examined by MR. BALLANTINE. Q. You have referred to the ledger in which there is reference to half-yearly dividends being paid to Dr. chalmers, in whose handwriting is it? A. The handwriting of Nixon the clerk
—the name of Fletcher and the whole account is in the writing of Nixon I believe—when I read over the ledger to the prisoner, I read the items put in by Nixon—the deed of settlement directs the books to be kept by the prisoner—Nixon was a clerk in the office, and he had access to the strong box—it was the duty of the secretary and actuary to keep the key—Nixon would only get it by applying to him—I think there was no counterfoil to these vouchers kept—the prisoner never made a representation to me that there should be a counterfoil—the prisoner did not make the Company—I should think it was made by the medical gentlemen, I do not know that he was their agent—when these became vouchers they were filled up and kept in a bundle—I do not know where they were kept in blank—the prisoner was the resident actuary; if he were absent, Nixon remained in the office—the prisoner went an excursion in Aug. 1846—I had occasion to reprimand him once when he was absent a whole day—Nixon remained in the outer office—the receipts were to be made out when they became due, if an application were made for them they would be paid, if the actuary were there—I do not know that these receipts were left unsigned—I have never known them to be left filled up—an account was made out of who the dividends were to be paid to—I do not know that, with the exception of the word "witness," these forms were left out filled up, in possession of any person in the office—(Form read)—"Received the 5th of Feb., 1848, of the Medical, Legal, and General Life Insurance Society, 3l. 2s. 6d., for half a year's interest, due 31st of Dec, 1847.—Signed, WILLIAM CHALMERS, proprietor; Witness, R. W. MORRIS. "—these receipts never ought to have been given but by the defendant—there was not another clerk under Nixon—there was a messenger called Richard, who is in the office now—I never heard that Nixon and Richard had a key of the strong box—they had no authority to have such a key—Nixon left on 2nd May—he was called to account and resigned—his resignation was accepted—he confessed to the directors that he had received a premium which he had not entered—I suppose he pocketed the money—these forms were kept filled up, but the "witness" ought to be put to it only at the time of the application.
Q. Suppose an application had been made to Nixon, and the proprietor got this form, and left his signature, when the defendant came, and saw this, and believed it to be William Chalmer's signature, he would be entitled to sign it? A. Yes—if he believed it to be his signature—Dr. Chalmers would take this to the banker's, and there receive the money, if it had the actuary's signature to it—I do not know that our actuary has been in the habit of advancing the money instead of giving these orders—I have not sanctioned his cashing these orders; he would have no authority to do it—it would prevent there being a check from the banker's—if a customer were to say, "Will you be kind enough to give me the money for this?" if he were to do so, he would do it on his own authority, because we should have the document.
Q. Was he never authorized to issue these with his own name, as witness, previous to the signature of the proprietor? A. No; but in two instances my mother-in-law and sister could not attend for their dividend, I received it for them, and guaranteed to the directors the genuineness of their signatures—those were the only two instances—I cannot charge my memory whether the prisoner signed them before I got the signatures of my relations attached to them, or afterwards—I did not request him to send one of these documents witnessed to Mr. Dolman, or to anvbody else—Mr. Dolman has a brother
residing in London, who is a medical practitioner, and I made an application that the brother in the country might receive it through his brother—I have not taken any step to produce Nixon here—I have suggested that it was right he should be here—I heard you intimate that he (Nixon) was probably the person who had committed these acts.
MR. BODKIN. Q. Do you know, that in consequence of that suggestion, a subpœna has been issued, and an endeavour made to find Nixon? A. I believe it has—I did not, in the instance of those two relations of mine, ask the prisoner to put his name before they had signed; but he trusted to me—if he did it, he did it knowing me to be a director—I firmly believe the signatures of Hey and Fletcher to these documents to be the prisoner's hand-writing.
MR. BALLANTINE. Q. You have no doubt that the signature, "R. W. Morris," is his writing? A. No doubt of that—I have no doubt that the writing of the body of both these documents is his—I am not equally sure about the signatures of the proprietors; I speak to it from my belief—I cannot divest myself of the belief that it is his writing—I have not heard that this has been shown to the messenger, and that he has declared it is not his writing—these signatures are not the prisoner's genuine writing; it is a feigned hand—I believe that from the general knowledge of the character of his writing—I have seen it for two years—it approaches very nearly to his ordinary writing—I have the same reason for my belief in the character of Fletcher's signature—I have the same belief of that from the character of his writing—I should say the "D" in "Davies," in this signature, is so very peculiar in the formation, that I could almost stake my belief on that only—I know that the body and the indorsement are his writing—I am not sure that I did not see him write this indorsement in Mr. Hey's case.
JURY. Q. You cannot mistake it for Nixon's writing? A. Oh, dear, no—Nixon's is a schoolmaster's handwriting.
ROBERT HENRY WELDON . I am an assistant in the banking-bouse of Messrs, Praed, of Fleet-street, bankers to the Medical, Legal, and General Mutual Life-Assurance Society. On 5th Feb. I paid the amount of this order over the counter—I do not know to whom.
WILLIAM CHALMERS, ESQ ., M. D. I reside at Croydon. I am a shareholder of the Medical, Legal, and General Life-Assurance Society—the signature to this order is not my writing—I did not authorize any person to sign it for me—I executed the deed of settlement—this is my signature to the deed (looking at it)—the prisoner witnessed the execution of this instrument.
Cross-examined. Q. Is this signature to the order like your handwriting? A. No—anybody who had seen my handwriting would see this was not mine.
Cross-examined. Q. Is it like your writing? A. Not at all—I believe the secretary saw me sign the deed of settlement.
RICHARD HEY . I am a proprietor of shares in this insurance office. The signature to this receipt is not my writing, nor written by my authority—I did not receive my interest till lately—this is not like my handwriting.
FRANCIS DAVIES . I am a shareholder in this insurance office. The signature to this document is not written by me, or by my knowledge or authority—I think it is not like my writing—I received the money yesterday.
JOOHUA HARRISON STALLARD . I am a shareholder in this Insurance society. The signature to this document is not mine—I know nothing about it is a very faint imitation of my signature; it is so bad that I have no hesitaion about it—I think a person who bad seen me sign my name could not be deceived by it—I have seen the prisoner several times—I was acquainted with him.
Cross-examined. Q. Then he knew your writing perfectly well? A. I should think he must have done it.
----QUAIL. I am one of the directors of this institution. I am acquainted with the prisoner's handwriting—I have seen him write often—the signature to this receipt, in the name of Fletcher, I believe was written by the prisoner.
Cross-examined. Q. You have had your attention called to the others; I suppose you believe them to be the prisoner's too? A. Not all of them—I cannot say that this signature to Mr. Stallard's is the prisoner's writing—I believe it not to be his, but I cannot say—I see nothing in it to make me believe it is his, and it is further off Nixon's writing than the prisoner's—I do not think it is the writing of either—this signature to this of Mr. Davies I believe to be the prisoner's—it has some likeness to what I remember of his writing—I believe it to be his, as well as I can judge—I believe this signature to Mr. Fletcher's is not his ordinary handwriting—I do not consider this signature to Mr. Davies's to be his ordinary handwriting—I have never seen him write a feigned hand—I cannot say anything about this signature of Dr. Chalmers's—it appears to be a feigned hand—I have not the least idea that it is his—this signature to Mr. Hey's is more like his, but I cannot say that it is his—I was never called to give an opinion about handwriting before—I believe I should know my own writing if I saw it.
WILLIAM JOHN LITTLE . I am one of the directors of this company—I have frequently seen the prisoner write—I have a strong belief that the signature to this receipt, signed in the name of Mr. Davis, is the prisoner's writing—I have a belief that this signature to Mr. Hey's receipt is the prisoner's writing—I have the same beliet concerning this signature to Mr. Fletcher's—I have no notion that any of them are the writing of Nixon.
Cross-examined. Q. Show me the receipts of Mr. Davis, Mr. Hey, and Mr. Fletcher, do you believe these to be his writing? A. I do—I have seen him write very frequently—I have received many letters from him—these are very like his own handwriting—to a certain extent, I think them all disguised—I think they are his natural handwriting slightly disguised—I should have no doubt whatever, in looking at these signatures, that they were his—they are not written with the same freedom as his natural writing—though slightly disguised, I have no doubt they are his.
DR. VARLO. I am one of the Directors of this Company. I have seen the prisoner write—I have received several notes from him—I believe this receipt, purporting to be signed by Mr. Hey, is the prisoner's writing—I have a strong belief that this, purporting to be signed by Mr. Fletcher, is the prisoner's—neither of them resemble Nixon's writing.
Cross-examined. Q. Nixon was a clever person? A. He had a facility of writing some forms of writing—he wrote a heavy hand—I did not observe that he wrote differently—he wrote a good book-keeping hand, not a free hand—he was in the outer office, and the prisoner in an inner one—if any one came, their first application would be to Nixon, and he would speak to the actuary—I have received several dividends from the prisoner, never from
Nixon—I never asked the prisoner to cash one for me—I never knew any one do so—on one occasion, when I had to pay a premium, I did not pay the full premium, but merely the balance of the difference between the interest and the premium.
RICHARD PARTRIDGE . I am a surgeon, and am one of the directors of this institution. I am acquainted with the prisoner's writing—I believe the signature to this receipt of Mr. Hey's is the prisoner's writing, and this of Mr. Fletcher also.
Cross-examined. Q. Are these what you call his natural writing? A. Not quite—there is some concealment about them, but there is a strong character of his writing—I had a letter from the prisoner—it was shown me to-day by one of the witnesses—it brought the subject of the letter, I cannot say that it brought the character of his writing, to my mind—the answers I have given are founded on my knowledge of his writing.
THOMAS WEBB GREEN re-examined. Q. Open the ledger at any part where there is a considerable portion of Nixon's writing? A. Here is folio 36, which is all Nixon's, in his ordinary writing—I have never seen him write any other hand—he writes formally, not quickly—it is the handwriting of a schoolmaster—both he and the prisoner left on the 2nd May—the prisoner did not go out of the house that day, but he ceased from his office.
Cross-examined. Q. Did the prisoner himself make complaints to the Society of the misconduct of Nixon? A. On one or two occasions he complained of his being dilatory and late—he did not do all that he could to get Nixon turned away to my knowledge—I have an impression that on one or two occasions Nixon's conduct in not opening the office till late, and not keeping the windows clean, and so on, were made subjects of complaint.
THOMAS DYSON . I am an assistant in the Commercial Bank of London, in Henrietta-street. In Feb. last the prisoner kept an account there—on 18th Feb. I have an entry to the prisoner's account, amounting to 35l. 15s.—it was composed of different drafts, as follows: 1l. 5s., 2l. 10s., 1l. 5s., 1l. 5s., 1l. 5s., 2l. 10s., 2l. 10s., 3l. 2s. 6d., 3l., 12s. 6d., 12s. 6d., 5l., and 3l. 2s. 6d.—these amongst others made up 35l. 15s. paid in to his credit—I think the whole amount paid in, were drafts on Praed and Co., with the exception of 3l—these three drafts bear the stamp of our Bank, denoting they were paid in there.
(The Rev. Mr. Meakin, of Berkshire; Mr. Ikes, an accountant, of Clapham; Mr. Fowler, a solicitor, of Litchfield; and Mr. Gifford, a supervisor of Excise, gave the prisoner a good character.)
GUILTY . Aged 27.— Transported for Ten Years.
(There were five other indictments against the prisoner.)
MESSRS. BALLANTINE and HUDDLESTON conducted the Prosecution.
CORNELIUS FOAY (police-sergeant, H 7). On Saturday morning, 29th July, I saw a horse and cart at the top of Jones' Buildings, Whitechapel—I saw both the prisoners—Munt was carrying a chest of tea towards his own house, which is No. 24, and Whitaker was close behind him—Munt carried the tea into his own house, and Whitaker followed him in—Whitaker
came out in a few minutes, and I asked him if that was his property which was gone in there—he said "Yes"—I took him inside, and Munt was standing by the chest—I then asked Whitaker here he brought it from—he said, "From Turner-street, Commercial-road "—I asked if he kept a shop there—he said, "No, it is all right, I brought it from a shop "—I went to the direction he fold me, and saw a person represented as his wife—she gave me some invoices which I examined, but did not find any relating to this chest—I took Munt into eustody, and searched his house—I found an empty tea-chest, three empty quicksilver bottles, hammers, chisels, and ropes, and a large bladder—the name of John Mules was on the cart—I produced this tea-chest before the Magistrate, and the empty one.
Cross-examined by MR. CLARKSON. Q. Do you know that Whitaker has been a grocer? A. Yes, he has, but he has fallen into difficulties.
JAMES EVES (police-sergeant, H 14). I was with Foay—I asked Munt how long he had known Whitaker—he said some time—he said he knew him when he kept a shop—I asked him when he saw him—he said, '" Last night, and we agreed to bring it here "—I had said nothing with reference to anything else—I found a ticket lying on the empty tea-chest in the front room, on the ground floor.
Cross-examined by MR. PAYNE. Q. Was not what he said this, "I saw him last night; he asked me to allow him to come here, and I did so?" A. He said he saw him last night—he allowed him to bring it to his house, and he brought it.
JOHN MULES . I am a baker, in Cannon-street-road. I know Whitaker—on 28th July he asked me for the loan of my horse and cart to remove his sister's goods on the Saturday morning—I let him have it about six o'clock—I afterwards saw it in the hands of the officer.
GEORGE DUNCAN . I am clerk to James Cousins and Sons. I saw the chest of tea sent—it was addressed to Mr. T. R. Rickford, St. Lawrence—it was sent to Messrs. Hall's—we sent two chests and two boxes—I know this chest by a mark of a "D" on it, and the "No. 21" on the other side.
WILLIAM WYATT . I am foreman and shipping-clerk to William John Hall and his brother. Two chests and two boxes were brought to our warehouse at Custom-house Quay, for shipping—this one was directed to "T. R. Rickford, St. Lawrence"—I saw them on the Thursday—I cannot say whether I saw them on the Friday—on the Saturday morning I missed one—our ware-house was opened at six o'clock in the morning; it is unlocked during working hours.
MARY CLAYTON . I live in Jones'-buildings, next door to Munt. I saw the two prisoners on the morning of 29th July, coming from the cart—Munt came first and got the door open—I had my door and window open, and was stooping down to light my fire—I went to the door again, and saw the two prisoners bring the chest from the back of the cart—it was lifted on Munt's shoulder, and Whitaker was behind him—I heard one of them say, "If they notice us we are done"—at that time the policeman was turning the corner.
Cross-examined by MR. PAYNE. Q. When did you give an account of this? A. On the same morning—I did not go before the Magistrate—I was applied to to give evidence after the prisoners were committed—the policeman came to me and said I was to come—I mentioned the same morning that I had heard the words, "If they see us we are done"—I told it to the person who collects the rents—there was no one there beside me—when the policeman came he said would I come up—I said yes, if I was obliged—he said, "Now recollect
whether you did not hear them say something "—I do not know which of the prisoners said it—they were both strangers to me.
(Whitaker received a good character.)
WHITAKER— GUILTY . Aged 26.
MUNT— GUILTY . Aged 30.
Confined One Year.
CORBETT—pleaded GUILTY . Aged 17.— Confined Six Month.
MR. PRENDERGAST conducted the Prosecution.
JOHN BRINE . I was stationed to watch a house in Strutton-ground which had been taken possession of by the Commissioners of the Westminster Improvements. On 14th July, about twelve o'clock at night, I heard some person on the roof—I gave information to the policeman, and brought him with me to the building—I got George Wall to get on the roof, and he handed me some lead—I went to another house at the back, in Duck-lane—I saw three persons standing on a wall—the policeman told me to stand at the door of a shed which is at the back of the house in Duck-lane—persons can go from the roof of the house where I heard the noise, to that shed—I then went to another house where King lives—there is a trap-door there which leads to the roof of the house—I found King and Condon in the room, and the other prisoner was on the roof.
Cross-examined by MR. PAYNE. Q. It was quite dark? A. No, it was moonlight—I did not see any persons on the roof, but on the wall, and that wall leads from the house they came from—the wall was not far from the house—the houses are all in a row—I do not suppose I was more than ten yards from the persons on the wall—I have no spite against King—I never said I should not have taken him, but he was saucy to me—I never said I had got him and I would stick to him—King was found in bed naked—after I saw the persons on the wall, I saw them on the top of the house, where King lives—I did not see them in the shed—they were turned back from there—I stood at the door, and they went on the top of the house after that.
GEORGE WALL . I was called to the house 11, Strutton-ground—I looked on the roof, and found 43lbs. of lead rolled up—I found a knife a little further along, on a house in the same line, and some more lead—I afterwards saw the lead matched to the places on the roof where it had been cut off—it fitted to the places—on another house I found two pairs of shoes—from the roof of one house you could get to them all.
MARK LOOME (policeman, B 11). Between twelve and one o'clock that night I saw King and Corbett on the roof of No. 11, and another person, who was of the same size and appearance as Condon—I saw them again come out of the kitchen at the back of No. 11—I then saw them all three on a wall—I called another officer, and they made their escape on to the roof of the house where King lives—King got in at the trap-door—I went to the house—King was undressed and in bed, and Condon was on the bed—Corbett was outside the house.
Cross-examined. Q. Where were you first? A. In the back yard of No. 15—I could see the roof of No. 11 very easily—the house where I took King was about 150 yards from there.
KING— GUILTY . * Aged 20.
CONDON— GUILTY . Aged 16.
Confined Six Months.
PATRICK BURK . I am a coal-whipper. On 14th July I was coming from work—I met some of my mates, and we had some beer—I was then standing by the Duke of York—the prisoner came up to me—she took my hat off and went into a house—I went after her—she told me to give her a drop of beer—I said I had no money—I took hold of her, and some more girls came in and looked at me—they went out and came in again, and took hold of my arm, and opened the flap of my trowsers, and took my pocket out—I had in my pocket a purse with 8s. 6d., and a few halfpence, but I could not swear the prisoner took it from me—she was in the room when the other two girls took hold of me—she ran out when they ran out—I went out and saw the policeman, and told him—I did not meet the prisoner again—I am not drunk—(the witness was evidently intoxicated).
NOT GUILTY .
GEORGE ODELL . I live in Princes-street—the prisoner was my apprentice—if he received money for me he ought to bring it home. On 2nd June I sent him with some printing to Lady Wiltshire—if he received 14s. from her he did not pay it to me—he ought to have paid it to me or my shopman.
Cross-examined by MR. PARNELL. Q. How long has the prisoner been with you? A. Three years—he was my errand-boy previously—he was very negligent—I wanted to get rid of him—I said if he would take back his indentures I would say no more about this matter—I had an apprentice named Latham about six months ago—I did not charge him with not paying me 3s. 6d.—I gave up his indentures to his father—I do not know that I thought two or three times that he had not paid me money, and he showed me by my receipts that he had—I will not swear it—the prisoner had 10s. a week, and I was in the habit of giving him 1s. a week extra.
----LESLIE. I am foreman to the prosecutor—the prisoner never accounted to me for this money.
Prisoner. On 22nd July I paid a bill of 1l. 16s. 6d.
NOT GUILTY .
JAMES LINCOLN . I was in the Sovereign public-house in St. Pancras on 19th July, between four and five o'clock in the morning—I called for a pint of porter—a policeman off duty came in—I asked him to drink with me—he did, and we got talking—the prisoner, and several of his associates, were there—they began to kick up a row—the prisoner came and stood by my side—he called for 6d. worth of gin—the policeman said to me, "You have lost your handkerchief—he took the prisoner by the collar, and he dropped the handkerchief on the floor from his hand—this is it—I had never spoken to the policeman before, but I have seen him on his beat.
Cross-examined by. MR. PARRY. Q. Do you know this handkerchief? A. Yes, it has my initials on it—I had a lady with me.
THOMAS CAMPION (policeman, A 324). I came off duty, and went to the public-house to have a pint of porter—the prosecutor was standing at the bar—the prisoner and another man, and two females, were sitting on the form—the prisoner asked me to have some gin, which I refused—he fetched a pint of porter, and asked me to drink, and I would not—the prosecutor and I were talking—the prisoner and the other man commenced a disturbance about a sixpence—the prosecutor went close to them to listen to what was passing—I said, "Come away, these are bad characters"—the prisoner put his hand into the prosecutor's left hand pocket, and took his handkerchief.
Cross-examined. Q. Did he take your handkerchief as well? A. No—I had not seen the prosecutor before, to my knowledge—the signature to this deposition is mine—this was read over to me—(the deposition contained these words, "I went to the Sovereign to have a pint of porter with the prosecutor ")—I was standing by the prosecutor's side—directly the prisoner heard me ask the prosecutor about it he threw the handkerchief on the ground—I took it up—I believe there were other persons there—I believe the prosecutor had been drinking, but he was perfectly aware what he was about.
ROBERT HEALY (policeman, S 227). I was in the public-house—I saw the handkerchief in Campion's hand—I saw the prisoner, half an hour afterwards, in Munster-street, creating a disturbance—he was drunk—I took him for being drunk, and making a disturbance.
NOT GUILTY .
THIRD COURT.—Saturday, August 26th, 1848.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. FINNIS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Fourth Jury.
NOT GUILTY .
JOHN STONE . I keep a coffee-house in Union-street, Bishopsgate. On 10th May, the prisoner came and lodged there with a female, who passed as his wife—they were there a fortnight, during which time he showed me this letter (produced), and said it came from his lawyer, and he had come into one part of his money, and on the 26th May he should receive one part of 75, 000l.—he afterwards showed me another letter, and said he was short of money, and wanted some to pay his expenses to Beverley, in Yorkshire, where the property was—on the 22nd I let him have 6l., believing the letters to be true—he said it was true, and every thing was correct—next day I let him have 1l., and another on 24th—he left on 24th or 25th to go to Beverley—in about a week he came again and said he should not be able to pay me for a few days, and said he was living at Peckham—I saw him about once or twice a week—he made several excuses about the money—on 21st of June I found out where he lived, and went and asked him to pay me—he said he was going to the Bank that day, and would pay me—I gave him in charge—(the letter produced was here read; it purported to come from one Walker, informing the prisoner that he was now entitled to his portion of 75, 000l.; and other letters found on the prisoner, purporting to come from the same party, respecting the said properly; they were directed to "Captain Watcham.")
JAMES M'INTYRE (policeman, H 98). On 21st June Mr. Stone gave the prisoner in my charge, and gave me this letter—I found the others in the prisoner's pocket—on the way to the station he begged Mr. Stone to confine him in his own house, and not at the station, as he was to receive 15 per cent, on 120, 000l. the day after to-morrow—he said Mr. Walker lived at 22, Regent-street, Peckham—I afterwards said no such person lived there—he said, "I know that," and he would not let anybody know where Walker lived for reasons best known to himself.
THOMAS SIMS . I keep the Effingham public-house, Whitechapel. On 24th May the prisoner and a female came and took a bed-room, and were there till 21st June—he read several letters to me, and said he was to receive the third part of 575, 000l. in two days—in two days I asked him if he had received it—he said it was put off for a day or two longer, and showed me a letter from Mr. Walker's solicitor, saying that the executors were rather angry about some arrangements not being made, and they should keep the money back till twenty-one days, the time allowed by law—I lent him half-a-crown to go to Camberwell to introduce my wife to Mr. Walker, but he was not to be found—I lent him 1l. 3s. 6d. at different times, on the representation that the letters were true—every day almost he had a fresh letter—I sent Mr. Farmer to 22, Regent-street, Peckham, to find Walker—the prisoner owes me about 30l. for board and all.
FRANCIS FARMER . I am clerk and son-in-law to Mr. Sims. On 12th June the prisoner showed me a letter, and said he had come into possession of a third of 575, 000l. on the estate of Walker, of Yorkshire, and the per centage was lying at Hankey's bank—I let him have 4l., and on the 13th, as I found he was very short, I asked if 4l. or 5l. would be of any use to him till he got his money—he said he would introduce me to Mr. Walker and his sister, who lived at Peckham—I went with him to the Mother Red Cap, at Camberwell—he wrote and sent a letter to 22, Regent-street—I sat by and read it—the man came back and said Mr. and Miss Walker were out looking for him—I stopped for an hour, thinking they might come—he said, "If you see a lady and gentleman in black on the green, it is sure to be them"—I saw a lady and gentleman in black in a gig—he said, "That is them"—we went out, but could not stop them—I went several times to 22, Regent-street, but no such person was known—it was one of the most dirty places in Peckham—I afterwards said to the prisoner, "Captain, I have been to Regent-street"—he said, "I did not know there was such a place as Regent-street"—he is captain of a vessel—I said, "It was very wrong of you to give such an address"—he said, "Oh, I should not have given it if I had known there had been such a street"—the man who took the letter was not away ten minutes—he could not have gone there and back in the time—it is above a mile.
The prisoner put in a written defence, stating that he had formerly assisted a man named Walker, who was in difficulties, who represented himself heir to his brother's property, and promised him a share of it; that the letters produced came from the son of Walker, who was dead; that he afterwards found out that he had been deceived, and produced two letters which he had received in gaol from a friend, who was then on a voyage. (These letters were very illegible, but appeared to ask pardon of the prisoner for the deception practised upon him.)
GUILTY . Aged 50.— Confined Twelve Months.
NOT GUILTY .
GUILTY . Aged 22.— Confined Six Months.
JAMES BROWN . On 24th July, about seven o'clock, I was at a public-house, in Whitechapel drinking—the prisoner came in, and asked me if I would go home and take tea with her—I went and did so—I had a breastpin safe then—she asked me for money to get some drink—I was with mother girl pretending to sleep—the prisoner came back, took my pin out of my breast and my watch from my pocket—she told the girl to put the watch back again, she did so—I asked her two or three times for the pin—she said she had not had it—I said I would give her in charge—she said she would give it back if I would stop with her till morning—she then put the pin back again—this is it (produced)—I fetched a policeman.
Prisoner. Q. Were you not intoxicated? Witness. A. No, never in my life—I did not say I was going to stop all night with the girl—I did show you my purse, but not my watch.
Prisoner's Defence. When he asked for the pin I shook the bed clothes ad found it on the floor; I said, "As you are going to stop with me to-night, I trill give it you in the morning;" it is all jealousy, because he wanted the other girl instead of me.
NOT GUILTY .
HENRY MOSELEY . I am potman at the Rose and Crown, Lisson-street, kept by Mr. Bruneville. Between twelve and one o'clock on 1st July, the prisoner came for half-a-pint of beer, and took it away in a bottle—somebody told me something—I went after the prisoner, and said I wanted what he had got in his pockets—he said, "It don't belong to you"—I said, "Let me see if—he said, "I will not"—I took him back, and took this pint pot (produced) iron his pocket—it belongs to David Robinson Watts—I let him go, and kept tie pot.
WILLIAM SHRUBB (policeman, D 95). Moseley gave me information—I went with Sergeant Bennett—found the prisoner at his house, and said I wanted him for stealing a pot—he said, "What pot?"—I showed it him—he said he knew nothing about it, and afterwards said he had it from the corner with beer—he went to the corner of the room—I went and took this piece of metal from bis hand—it has ashes in it.
CHARLES BENNETT (police-sergeant, D 18). I saw Shrubb take this pewter from the prisoner's hand—I found two pint pots in the dust-hole, covered with dust, and some more metal among the cinders in the ash—heap—here is "David watts" on all three of the pots—the prisoner said he knew nothing about them.
GUILTY . Aged 46.— Transported for Seven Years.
HENRY BARNES (policeman, K 256). On 9th Aug., about ten o'clock in the morning, I was on duty in Mile-end-road, two carts, loaded with potatoes, stopped at the King Harry; Skiggs drove one, and a lad the other—the lad went into the public-house—Davidson, who is ostler there, came to the side of the cart—Skiggs got out, and they had some conversation—Skiggs put some potatoes into a nose-bag from some sacks in the cart, and Davidson pushed him into the public-house—I followed them into Davidson's stable, with the bag—there are five stables there, but I knew Davidson's stable, having known him as ostler there some years—Skiggs was putting the potatoes into an empty basket, in a stall—I asked what he had—he said, "Potatoes "—I asked if his master allowed him to take potatoes—he said, "I only took them for my dinner "—I said, "You must have a very good stomach"—he said, "They are for me and my mate"—"Isaac Luke, Little Ilford," was on the cart.
WILLIAM SMITH (policeman, K 220). I was with Barnes—as soon as Skiggs came off the cart, Davidson put his hand round his back and went into the public-house—I took Davidson, and said it was for stealing potatoes—he said, "I never touched them."
ISAAC LUKE . I am a farmer, of Little Ilford. Skiggs was in my employ—I sent him, with another lad, with two carts of potatoes, to Covent-garden market—they were mine—Skiggs was not authorised to remove any of then—this nose-bag is mine.
Skiggs' Defence. I picked up the potatoes which were in the nose-bag; they had dropped off some cart; they are chatts, for pigs and cows.
DAVIDSON— NOT GUILTY . SKIGGS— GUILTY. Aged 17.—Recommended to mercy .— Confined Seven Days .
MR. ROBINSON conducted the Prosecution.
JOHN THOMAS HART . I am a currier, of Union-street, Spitalfields—the prisoner was in my service five months, to go round town to take orders and receive money—I sent goods to Charles Bull, of Brook-street, Holborn—if the prisoner has received 1s. 9d. or 16s. 7d. from him on the 17th of June it has not been paid—I sent him to Mr. Green with four articles, at 1l. 8s. each—he brought two back, and said he had sold the other two—he did not pay me—my terms were a quarter's credit.
ROBERT GREEN . I am a saddler, of Edward-street, Portman-square—the prisoner called on me with four patent horse middles, and wanted 1l. 8s. for them—I bought two at 1l. 4s. each—I paid him 2l. 8s. for them—he gave me this bill and receipt.
Prisoncer's Defence. I did not say a word about Mr. Hart's money.
(There was another indictment against the prisoner.)
GUILTY . Aged 33.— Confined Twleve Months.
PETER GALLY . I deal in birds. On 8th Aug. I missed a cage and three birds, which hung outside my door, seven feet high—a gentleman pointed out the prisoner to me—I caught him—he said two sailors gave him twopence to carry it—this cage and birds (produced) are mine—they were given to me at the Cock and Neptune.
GUILTY. Aged 18.—Recommended to mercy .— Confined Fourteen Days.
NOT GUILTY .
MORRIS MYERS . I am a tailor—the prisoner was in my service eight months, to do needlework—I sent her away—two days after she was gone I missed a waistcoat from a box, and a small pen-knife, which she used to have sometimes to do her work with—I have not seen the waistcoat since—I had a boy three days while she was there.
JOSEPH CONDON (policeman, H 31). I took the prisoner—she took the knife from the chimney-piece, and said "Here is the knife, I bring it home sometimes, to use for my work "—at the station she said she had a waistcoat, with the other washing—a little girl at her place afterwards gave me this waistcoat (produced).
Prisoner's Defence. He gave me the waistcoat with his other washing; and gave me 2s. 2d. for a week's wages, and 6 1/2 d. for the washing.
NOT GUILTY .
JAMES ROSE . I am in Mr. Hopwood's service. On 28th July, I saw the prisoner take a basket from outside Mr. Hill's door—I caught her—the basket was under her shawl—she threw it over a railing—I asked her where the basket was—she said, "What basket?"—I said, "The basket you took from Mr. Hill's"—she said she did not know what basket I meant—I afterwards showed it to her—she said she knew nothing about it.
JOHN DAFTER (policeman, D 215). Rose pointed out this basket to me in an area in Stratford-place—I got it—the prisoner saw me come into the station with it, and said "For God's sake let me go; I will pay for it."
Prisoner's Defence. I saw a woman with a basket in her hand; they came afterwards and asked me for it; what I said was, I was not the woman; but rather than disgrace myself, I would pay for it.
GUILTY . Aged 60.— Confined Six Months.
OLD COURT.—Monday, August 28th, 1848.
PRESENT—Mr. Baron PLATT; Sir JOHN PIRIE, Bart., Ald.; Mr. Ald. FARNCOMB; Mr. Ald. FINNIS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the First Jury.
MR. THOMPSON. conducted the Prosecution.
JOHN KENNARD . I lodge in the prosecutor's house. On the morning of 23rd Aug. I was awoke about half-past four o'clock by a noise in the house, and when I came down I found the prisoner in the custody of the police—this brush is mine; it was in my apartment the evening before—I found some articles of clothing removed from my drawing-room to the staircase—I went to bed about eleven.
HARRIET ROBERTS . I lived as servant at 35, Charterhouse-square, the back of which looks out on the back of Mr. Palmer's. About half-past four o'clock, on 23rd Aug., I was called by ray mistress, and I saw the prisoner get on to the leads of Mr. Palmer's house, open the first staircase window, and get in—I gave information to the watchman of the square.
Prisoner. Q. Was the window open? A. No; you opened it with some instrument—I did not see you break the window.
THOMAS DIMENT (policeman, G 64). From information I received on the morning of 23rd Aug., about half-past four o'clock, I went to the back part of Mr. Palmer's bouse—I saw the staircase window open—I got on the leads, and saw the prisoner with a pair of shoes in his hand—he saw me, and ran down stairs, and was stopped by another policeman—I searched him, and found this brush on him, this screw-driver, penny, key, and duplicate.
GUILTY .— Transported for Seven Years.
Before Mr. Baron Platt.
MR. BODKIN conducted the Prosecution.
THERESA SPRY . I am a sister of Mrs. Dore, who is the mother of the deceased child, Mary Ann Theresa Dore, and live at 4, Lower Grosvenor-place, Pimlico, with my mother, who is the other prisoner—we all lived there together—my sister's husband is in the service of Sir Alexander Spearing—the child was about four months old; it had been pretty healthy from its birth, with the exception of being attacked by the thrush—it was arranged
that my sister should accompany Mrs. Merton to the Isle of Wight, on 13th july; that had been arranged about a fortnight—I did not sleep with the child—I heard, on the Thursday morning, that it had been taken ill in the night—Mr. Woolmer, the medical gentleman who usually attended us, was sent for early in the morning—he was out of town, and his assistant, Mr. Hustler, came and saw the child—I did not see any medicine given to it—my sister left for Ryde, with Mrs. Murton, about half-past eight o'clock, and took the child with her—she was suckling it at that time—she returned, with the child, about half-past three next afternoon—it then appeared to be much worse, and died early next morning (Saturday)—I never saw it sick.
Cross-examined by MR. CLARKSON. Q. I believe your mother is the wife of the steward of the late Princess Sophia? A. Yes; he still belongs to the establishment, until the affairs of the family are completed—my sister's conduct to her baby has invariably been that of a kind and affectionate mother—she seemed very much cut up at the state in which it was—she appeared very much grieved at its loss—my mother and sister were committed to Newgate on Tuesday, on the finding of the Coroner's Jury—they were admitted to bail on Thursday, by Mr. Baron Alderson.
COURT. Q. Was your mother fond of her grandchild? A. Very fond indeed.
ELIZABETH SUSAN SPRY . I am a sister of Mrs. Dore. I slept with her and the infant on the night before she went out of town—she suckled the child—it was also occasionally fed—it was fed that night—it was taken ill about two o'clock in the morning—it was crying, and appeared as if it had the stomach-ache—I applied hot water and flannel to its stomach—it afterwards went to sleep—nothing was given to it in the night, while I was in the room, except the breast—it had been fed in the course of the Wednesday with some boiled rusk—I boiled it, which I usually did—my sister got up early in the morning, and sent for Mr. Woolmer—his assistant, Mr. Hustler, came about half-past seven o'clock—we had sent twice for him—after seeing the child, he said he would send some medicine for it—a bottle and a powder came—I saw my mother give the child a tea-spoonfull of the medicine—she was in the habit of attending to the child as well as its own mother—the powder was not given then, but was taken with the medicine to the Isle of Wight—Mr. Hustler was asked whether the child could be safely taken with its mother to Ryde, and he said it could—they went about eight o'clock—the child then seemed somewhat easier—they returned next afternoon—the child was then much worse, and died next morning.
Cross-examined. Q. The child being only four months old, probably its food was confined to the breast and a boiled rusk? A. Yes—I boiled the rusk it had in the saucepan, in which I invariably boiled it—the child went to bed about eleven on the Wednesday night—it began screaming, as if it had the stomach-ache, about two o'clock—nothing whatever had been given to it in the mean time—my mother slept in the adjoining room—she heard the child cry, and came in to see what was the matter—she brought hot flannels—they relieved the child, and it went to sleep again till six o'clock—it cried once—my sister got up at six, when it began screaming again—Mr. Woolmer was first sent for about seven—I saw my mother take the cork out of the medicine bottle, and pour out the medicine into a teaspoon—there was nothing in that spoon but the medicine—that was given a few minutes before eight—the child did not seem in any pain after that—it had been suffering from the thrush more or less from a fortnight old—nothing could be more kind and affectionate than the conduct of my mother and sister to the child—
they never parted with it; if my sister had it not, my mother had It—it was my sister's second child—she manifested every proper anxiety about it.
HARRIET MERTON . I am the wife of James Merton, of Grosvenor-street West. Mrs. Dore is an acquaintance of mine—I lodged with her mother nine or ten months—that was before the child was born—I was on intimate terms with them—I paid for my lodging—I did not lodge there after the child was born, but I have occasionally seen it when I have visited there—they were always very kind to it—from a desire of rendering Mrs. Dore a service, I proposed that she and the child should go with me to Ryde—it was to be a treat to her—that had been settled about three weeks before we went—I called for her on Thursday morning, 13th July; I went into the kitchen, and saw Mrs. Spry give the child a teaspoon-full of a mixture—I did not see her uncork the phial—I saw the phial it was taken from—some of them told me that the child had been unwell in the night—Mrs. Dore and I left for Ryde by the nine o'clock train—I went by the first class, but she said she was afraid the child would annoy the passengers, and as it was to be a treat to her she went by the second class, to save me expense—we crossed in a steam-boat from Gosport to Ryde—the child seemed much worse when we arrive: at Gosport—it was crying very much—it was restless and ill all the way to Ryde—Mrs. Dore appeared very anxious about it, and in a great deal of trouble—she went down into the cabin with it—when she came up on deck she was in tears—I asked her what was the matter—she told me she had noticed some appearances of blood on the child's napkin, and she was afraid it would not live—on arriving at Ryde we went to Stamford-house, where I had intended to go—it is kept by a lady named Stamp—application was made to her to recommend a skilful person to see the child, and Mr. Bloxham, the surgeon, was sent for—Mrs. Dore had brought with her a phial containing medicine, and some powder in a paper—I do not recollect her doing anything with that—Mr. Bloxham saw the child, and sent a liquid and powders—I saw Mrs. Dore give the child one of the powders in a little sugar, according to the directions, and the child went to sleep for two or three hours—we landed at Ryde about three o'clock in the afternoon, and Mr. Bloxham came perhaps about two hours after, or more—the medicine was given about half an hour after he sent it—when the child awoke it cried, and I believe it was sick—it was then put into a warm bath, and immediately after castor-oil was given it, according to Mr. Bloxham's directions—I did not sleep in the same room as Mrs. Dore that night—she called me between four and five in the morning, in great trouble, and said, "Oh, do come, Mrs. Merton, for I fear my baby is dying!"—I went into her room, and for a minute or two I thought the child was dead—it revived after some few minutes; and Mr. Bloxham saw it again twice that morning—he strongly recommended Mrs. Dore to return to London with it; in consequence of which, I accompanied her to Gosport, and saw her into the express train.
Cross-examined. Q. What time was that? A. Half-past twelve—I always thought Mrs. Spry exceedingly kind—her conduct towards the child was invariably so—I saw nothing in the conduct of Mrs. Dore that I should expect to have been otherwise than that of an anxious, careful, kind, affectionate mother.
FREDERICK HUSTLER . I was assistant to Mr. Woolmer at the time this occurred—he is a surgeon and general practitioner—he then retailed medicines in his shop—the retailing medicines ceased about the 8th Aug., when I left his employment—when this matter occurred he was in the country—he requested me to mind his house, and to take notes of circumstances that
should pass during his absence—he left his practice in the hands of Mr. Driver, a surgeon, of Stockbridge-terrace—his nephew attended to the retail business—he is about nineteen years old—on 13th July, about seven o'clock, a message was brought for Mr. Woolmer to go to see Mrs. Dore's child—a second message came about half-past seven, and I then went to see if it was a case of importance enough to call in Mr. Driver—I found the child apparently not very ill—it was crying, and evidently in pain—I was told it had been restless during the night, and that it was also cutting a tooth—it appeared to have the stomach-ache—I went home and sent some medicine for it—I did not consult Mr. Driver, or any one before I mixed the medicine—I treated it as a common stomach-ache—I dispensed and prepared the medicine myself—it was a small mixture of calcined magnesia, aniseed water, and syrrup of poppies—that would be a soothing medicine, having a tendency to allay pain and promote sleep—this is the phial (produced)—it was composed of eight draughts, and one teaspoonful was a dose—it was to be given occasionally, that was written outside—I sent a powder composed of a grain of calomel and sugar—this is a small portion of the powder (produced)—it was to be given at night—Mrs. Dore consulted me about the safety of taking the child to the Isle of Wight—I told her she could do it with perfect safety—I did not see it again till it returned—on the Friday afternoon, Mr. Woolmer was sent for again, and I went to see what was the matter—Mr. Woolmer was still in the country—the child's symptoms were much altered—it had bloody stools and vomitings—Mrs. Dore told me of that, and I also saw it—she told me she had called in a surgeon at Ryde—I was a little alarmed, and from what I saw I fetched Mr. Driver; he went with me immediately—Mrs. Spry said she did not send for me to give the child any more medicine, but to explain what I had given it before—I said if anything wrong had been given to the child they must have given it themselves—she said if I sent for another doctor I must do it, she would not—she was not angry with me—she expressed satisfaction at my attendance—she told me she was going on with the medicine she had from Mr. Bloxham—I only made up one powder—the white powder of arsenic is kept at Mr. Woolmer's—I know the preparation called liquor arsenicalis—that is the mode in which arsenic is administered by a medical man medicinally—medical practitioners who keep no retail establishment, very seldom keep arsenic in white powder—the liquor arsenicalis, and the arsenic in powder, were both in the shop—the powder was kept on a shelf about six feet from the ground, among other small bottles, covered with leather and tied—the liquor arsenicalis is kept below that with other small bottles, but not covered—the fluid was on the highest shelf but two, on the shelf immediately under that on which the powder was—I could reach the shelf where the liquid was without getting off the floor—I was obliged to step up to get to the other—I have quite a distinct recollection that I did not take the upper one on this occasion—the liquor arsenicalis is a brownish colour.
Cross-examined. Q. It is kept by medical men as being a material that can be more safely referred to than the arsenic in powder? A. Yes; it is somewhat unsafe to keep arsenic in powder—the contents of this bottle are exactly the same as when I sent it, with the exception of a portion having been consumed—when I saw the child on Friday evening, which was about Six o'clock, it was slightly convulsed, and continued vomiting—the stomach was rather swollen and hard, and it had just previously had bloody stools—the mother called my attention to that the moment she saw me—Mr. Woolmer is not a member of the College of Surgeons, he is a licentiate of the
Apothecaries' Company—there was a powder given the child by Mr. Driver on Friday night—it was mixed in the shop by me—no portion of that has undergone analysis—it was five grains of calomel—that is a white powder—it only resembles arsenic in its whiteness—there can be no mistake about it—Mr. Woolmer's nephew saw me mix it—I am not a member of the College of Surgeons, or a licentiate of the Apothecaries' Company—if the child had had arsenic on the Wednesday or Thursday, it is possible it might not have killed it in a shorter ime.
MR. BODKIN. Q. Have you ever heard of a disease called intersusception? A. Yes, I did not suspect the child had that disease on the Thursday—I believe the liquor arsenicalis is coloured yellow by the laws of the College to prevent mistake—the calomel was kept in a small bottle in a cupboard—five grains of that is a large dose—we do not keep those sort of doses ready made up.
COURT. Q. Was it part of your duty to dispense medicines? A. No—I did so on these occasions because Mr. Woolmer, Jun. was not down—he was there on the Friday, but he was busy dispensing other medicines—he says he saw me do it—he was at the same counter—the colour of arsenic and of calomel are precisely the same, the only difference is in the fineness—I used frequently to arrange the bottles at night when the shop was put to rights—bottles are very seldom out of their places—there is never any arsenic in the cupboard—the bottle containing arsenic is large, and labelled with gold and black letters—the calomel is in a very short bottle, and written on—there is only one bottle in the shop containing arsenic, with the exception of the arsenic in liquid—there was not more business than ordinary going on in the shop that night—Mr. Woolmer, Jun. did not attend to this because I was in a hurry—Mr. Driver was waiting—I mixed it in a hurry—I have succeeded to the retailing of the drugs since Mr. Woolmer has given it up—he gave up on the 8th, and I think the prisoners were committed on 21st July—he has sold medicines by retail some years—he had thought of selling the business for a long time—I refused it nearly six months ago—I gave him 200l. for it altogether.
JOSEPH BENSON WOOLMER . I am a surgeon and general practitioner, at Victoria-square, Pimlico. I had attended this child from its birth, and the mother at the birth—with the exception of some attacks of thrush, I believe it had been a healthy child—I was out of town when it was taken ill, and left my house and shop in the care of Mr. Hustler—my nephew dispensed the medicines—he lived at the retail shop—Mr. Driver was to attend to the patients—I returned to town I think, on Wednesday, 19th July, four or five days after the child died—I went to Mrs. Dore's the evening I arrived, to express my regret—I saw Mrs. Spry—I had heard from Mr. Hustler that there was a difficulty about the certificate—it is necessary, before a body can be buried, to get a certificate from the medical man who attended, stating the cause of death—Mrs. Spry expressed great displeasure at Mr. Driver's conduct—she said he had acted ungentlemanly, or unkind, or words to that effect—I had not before heard that Mr. Driver had called there—she told me something about Mr. Driver having mentioned the case being an inquest case, or words to that effect, or that it had been overdosed with calomel, or had had something given to it that was not proper, and she replied, if anything had been given it that was not right, it must have been given by my assistant—I said I would go down, and see Mr. Driver as I was quite certain she must be mistaken as to his conduct, and I would bring back the certificate in my hand—it was suggested that Mr. Driver should open the body, to which she
made a positive objection; but she added that she should have no objection to my opening it—I was their regular attendant—I saw the body of the child at that time, but made no particular examination—I opened the body next morning, and asked Mr. Inskipp who lived next door to be with me, but he declined, and I took my assistant Mr. Hustler with me—I found on opening the body that it had had an attack of intersusception of the bowels—I looked there immediately because I understood that the child had bloody motions, and in that part of the body I found a distinct case of intersusception—that consists of the drawing up of the ilium into the colvn so as to cause stoppage, inflammation, and death—I found marks of severe inflammation down wards, at the ends of the bowels—that, in my judgment, separated from anything else, was sufficient to account for death—it would produce a stoppage of the bowels, and would account for the sickness, the cries, the bloody evacuations, the convulsions, and for every symptom which the child had during life—it is an incurable disease when it is so inflamed—sometimes it is not incurable—it may be dissolved—the body was not particularly distended—distension would arise chiefly from mortification before or after death—I took out a piece of the bowel and preserved it—in consequence of Mrs. Spry telling me the child had had the thrush, I directed my attention to the stomach—I conceived it might have had a very bad state of thrush, not having seen it for two months, and I perceived a dark black patch about the size of a shilling, or a little bigger, and a small opening in the upper part of the stomach, through which there was exuding a dark-coloured mucous fluid, and that led me to the necessity of analysing the contents of the stomach—I tied both ends of the stomach and took it out, and then it was subjected to experiment by Mr. Rogers—the child had been dead five days, and I saw that dark patch shining through the outer coat of the stomach—I did not know how to account for it, and thought it better to take it home to look at it—I should say that was such an injury to the stomach as must have been inflicted during life—there was considerable inflammation from the seat of the intersus-ception of the bowels to the external part of the bowel—there war no appearance of disease or inflammation between the stomach, where I saw the black patch, and the seat of disease in the bowels—the small intestines appeared perfectly healthy—there was a considerable interval presenting a perfectly healthy appearance between the seat of disease and the black patch.
Cross-examined. Q. That would be five-sixths, in point of length, from the stomach to the extremity of the bowel? A. Yes—I did not open the stomach myself.
COURT. Q. Did that part of the bowel intervening between the ilium and the black patch appear to have undergone any irritation? A. Not in the least, it appeared very healthy and full of feculent matter of a proper description—if it had Been irritated shortly before death, I should no doubt have found some appearance of it—the intersusception, and the inflammation consequent upon it, were of themselves enough to account for death.
ROBERT WILLIAM BLOXHAM . I am a surgeon, at Ryde, Isle of Wight, and am a Fellow of the College of Surgeons. I was called to Mrs. Stamp's, to see this child, I think before seven o'clock in the evening—I had great doubt of the disease under which it was labouring—it presented the appearance of a child suffering from colic, which might depend upon various causes—there was pain and sickness—I found the gums slightly swollen, and lanced them—I directed them to put it in a warm bath, and I would go home and Prescribe for it—I sent them a grey powder, a mixture of mercury and chalk,
for it to take immediately—I always keep it ready mixed—it is a very common medicine to give to children—I only sent one—I wrote the direction for the medicine, and left it to my assistant to make and send directly—I did not see it mixed—I also sent some castor-oil, to be taken an hour after the powder—I only saw the child once that day—I said I should see it early in the morning but I was sent for at six o'clock—I found that the child had been worse during the night, and in still greater pain, very sick, and no action of the bowels, from which symptoms I began to infer the existence of intersusception—I prescribed a saline mixture, composed of carbonate of soda and citric acid, with a view of correcting any acidity that might cause this pain, and they told me that the last dose of that mixture had remained on the stomach—Mrs. Dore told me that she had come away from her mother, and she was very uncomfortable where she was, and if I did not think the child likely to recover, she thought she should take it back—I did not suggest it, but I did not think it right to oppose her doing so—she asked my opinion as to the child's recovery, and I told her I thought it more than doubtful—I told her the nature of the disease under which I thought the child was labouring, and tried to explain it, by passing one hand into another—she appeared to be in great distress—as far as I had the means of judging, she followed the directions I gave.
Cross-examined. Q. Did she appear to evince every proper maternal anxiety about the fate of the child? A. Yes, her manner was perfectly simple and natural—she called my attention to what the child had thrown from its stomach—it was yellow, but not bloody—it was bile—I asked if there had been any relief from the bowels, and she said, "No, not since the morning"—when I first went, she gave me the previous history of the child—she said the child had been very sick, and in great pain, on board the vessel—I did not learn that it had had any bloody evacuation.
HORATIO THOMAS WATERWORTH . I am assistant to Mr. Bloxham—he directed me to dispense some medicines for Mrs. Dore's child—I had a book before me, in which he had written the prescription—I put two grains of quicksilver, an ounce of castor-oil, and a saline mixture, composed of a scruple of sesqui-carbonate of soda and about fifteen grains of citric acid—I wrote the directions on them—these are the two bottles (produced)—the powder is kept ready mixed in a bottle with a stopper, not put into papers.
Cross-examined. Q. I believe Mr. Bloxham does not keep arsenic in powder in his shop? A. No—we keep the liquor arsenicalis, but not in the dispensary, it is locked up, for more abundant caution—we do not keep the powder at all.
GEORGE VERNON DRIVER . I am a surgeon, at Pimlico, and am a member of the College. I had arranged with Mr. Woolmer to attend to his practice during his absence—I saw this child on the Friday, two or three hours after its return from Ryde—I found it vomiting, which 1 understood it had been for a considerable time—the stomach was very much swollen and hard—the napkins which Mrs. Spry showed me were stained with blood and mucus—it was also slightly convulsed—the eyes were rolling about—I inquired who had been attending it, and Mrs. Spry told me it had been seen by Mr. Woolmer's assistant, and also by Mr. Bloxham, at the Isle of Wight, who had said the child was labouring under a locked bowel—I ordered a dose of castor-oil to be given at intervals of an hour or two, and a mustard poultice to be applied to the stomach—I saw the child again about two hours after—there was no relief from anything I gave it—I could see it would not recover, and that most likely it would not live till morning—I told Mr. Hustler to give me
about four or five grains of calomel—he had accompanied me all the time—I told him to go for it, and I would wait till he returned, and do it myself—he was gone perhaps three or four minutes—he brought me back the powder, and I gave it to the child, either with a little breast milk, which Mrs. Dore had drawn from the child, or some of the mixture that was on the table, with a little sugar—I ordered a leech to the temple, and told Mr. Hustler to watch the child, and apply it—I left him with the child, saying I should make an early visit in the morning; I also ordered the calomel to be continued every two hours, as I did not get down the quantity I ordered from Mr. Hustler, for a good deal of it stuck on the spoon, and some on the thumb—I got down about two or three grains—I desired Mr. Hustler to repeat the calomel every two hours, until evacuation—he was not to continue it after that—he must have gone back to the surgery for the calomel—I went again between eight and nine o'clock next morning, and found the child had died about three or four o'clock—when I entered the house I saw Mrs. Spry, and I told her that there was one symptom which I could not exactly account for, and that was the bloody stools—she told me the child had been labouring under thrush for some time—I said I could not see that the child died of that, on the contrary, it had not any indication at all of thrush, and I proposed, as I was not satisfied in my own mind of the case, to give her such a certificate as would not be returned by the registrar, but yet I would endeavour to ascertain the cause of death, by making a post-mortem examination—that was strongly objected to by Mrs. Spry—I believe she said she had had a large family, and never found any trouble with any of her children—I said I was very sorry trouble should be occasioned in this case, but I did not Know how to proceed, I had seen it so short a time that I could not do it without—she said when Mr. Woolmer came home he should do it, and I acceded to that, as she did not know so much of me as she did of Mr. Woolmer—I called again in the evening, to propose that a Mr. Sharpe, a medical man, in the neighbourhood, should make the post-mortem examination—he was also a stranger to Mrs. Spry, but I thought, although she would not allow me to do it, for what reason 1 could not tell, she might allow another party—I saw Mrs. Dore on that occasion, Mrs. Spry was out—Mrs. Dore told me that she was quite satisfied there ought to be a post-mortem examination by somebody, she was most willing that it should be done, and she also told me that she believed the only cause why I did not obtain it before, was the rude or unpleasant manner in which I introduced it—I could see that there was some unpleasant feeling on their mind—it was more on the mind of the grandmother, nothing at all on the part of the mother—Mrs. Dore sent for Mrs. Spry immediately on my entrance—she came, and when she saw me she was very angry, and desired me to leave the house—I had seen her many times before Mr. Hustler took me to the child—I had lived next door to her for six or seven years, and had attended her children merely for extracting their teeth—I was not present at the first post-mortem examination—I was at the second, when the body was exhumed—I saw the appearance it presented—the seat of disease was brought to me in a gally-pot—I saw quite enough to satisfy me that the intersusception was sufficient to account for death, and I gave a certificate to that effect—that would not exactly account to my mind for the bloody stools—the rupture of a vessel might possibly take place by strangulation, and that might produce hæmorrhage—it is not impossible that that might cause a flow of blood to the body.
Q. Suppose in the body of a child you found some appearances, such as
were found in the stomach here, of the action of an acrid poison, and you also found in the lower bowel, intersusception, but no trace of disease? between the stomach and the seat of the intersusception, to which would you ascribe the bloody stools? A. I should ascribe them to the stomach—I said it was possible that the bowel being locked might occasion a rupture of vessels there, but it is not probable, because it is not a usual symptom by any means—I have seen several cases of intersusception, I was called to a case on that same day—it has never occurred to me in such cases to see bloody stools—the lower down a vessel is ruptured, the more likely blood would be to flow from the body—the colon is the last viscis.
Cross-examined. Q. Would not the vessels necessarily be congested by reason of the obstruction of the bowels? A. Yes—serum is much more likely to be the effect of intersusception than blood—if the vessels emitted blood you assuredly would be likery to find blood downwards; the intersuspection would obstruct the circulation of the vessels.
SHIRLEY EDMUND WOOLMER, JUN . I am nephew to Mr. Woolmer, who has been examined. I assisted him in dispensing the medicines at his surgery—I was there on Friday evening, 14th July, when Mr. Hustler was putting up the calomel for this child—I was not engaged at the time—I did not do it, because he came in and did it himself—it was not done in a particular hurry—I afterwards dispensed some medicine for the child, when Mr. Hustler came in again that evening—I do not recollect how long that was after be first came—I do not recollect whether I had been engaged in the interval in mixing other medicines; I have no doubt I had—I prepared the medicine from the book; Mr. Hustler wrote it down in the book—Mr. Driver had given him orders, and came to the door with him, I believe; but I did not see him—I cannot say whether Mr. Hustler wrote it down directly he came in—the book was on the desk—I think he was writing it down at the same time he told me what to mix—I mixed it from his verbal directions, and from looking in the book, too—I looked in the book after he had written it—I mixed six powders, composed of one-sixth of a grain of tartar emetic, one grain of calomel, and one grain of sugar; that would be white—I mixed the six powders together, and divided them afterwards—they are not powders that are kept ready mixed—we keep the calomel and sugar mixed in a bottle—we have also calomel without sugar in a bottle—those bottles are kept in a cupboard—I think this was about ten o'clock at night—there was no preparation on the counter at the time, except the two bottles from which I was making these powders, I am quite clear about that—I knew that arsenic in powder was kept in the shop—I had never sold any of it; I knew where it was—the shelf on which it stands is at the end of the counter, on the left hand, facing the window, and the cupboard is under that shelf—it is usually kept shut—a variety of drugs are kept there, to which I have constant access—calomel and arsenic are not kept in the same cupboard.
Cross-examined. Q. The combination of sugar with calomel, by reason of the roughness of the sugar, would make it more resemble arsenic, would it not? A. I cannot answer that question—I never put arsenic and calomel together, to examine which was the finest—I should not know arsenic from calomel if I were to see them on the same paper—I know that sugar is rougher than calomel.
WILLIAM MORAN (police-inspector). In consequence of the child's death, and the necessity of having an inquest, I went to 4, Lower Grosvenor-place, and saw the prisoners—they gave me a history of the mode in which the
child had been attacked; it did not differ from what has been stated to-day—they produced the medicines as I asked for them, and I have produced them to-day.
JULIAN EDWARD DISBROWE RODGERS . I am a lecturer on Chemistry. I made some experiments with a view to test the contents of the child's stomach—I applied all the ordinary tests, and ultimately produced arsenic in the metallic form—I discovered less than two grains in the stomach—I saw the characteristic effect of arsenic in the form of a large patch on the stomach.
Cross-examined. Q. Was the stomach at all inflamed? A. No, it was so long after death that no opinion could be given; but I saw the effect of previous inflammation in the patch—I found no calomel—I believe that the intersusception, and the inflammation consequent upon it, was the cause of death.
Q. Then if there had been any mistake in the giving of arsenic for calomel at any one of the doses, the appearances you found would be entirely accounted for, would they not? A. Conscientiously, I should say, no; because it must have taken time to produce the appearances of that patch—arsenic must have been given at least two days before death—the patch was gangrenous, in my opinion—Dr. Taylor saw it—the arsenic I found was unquestionably white arsenic—the arsenic on the patch was yellow, owing to the decomposition by which gases are evolved, which change that which was originally white into yellow arsenic.
MR. BODKIN.Q. Arsenic is an antiseptic, is it not? A. Yes, and therefore has a tendency to arrest decomposition—I did not find the other part of the stomach decomposed, only the part where the patch was—the opinion I formed from the patch and the mischief I found there was, that the arsenic must have been taken into the body at least two days before death—arsenic would occasion death more quickly if taken when a person is in a morulent state.
COURT. Q. Therefore it would take a shorter time to produce those appearances? A. I do not think those appearances would ever have been produced then—some of the arsenic generally remains in the stomach, and some passes out into the system—I should say it was impossible that all should remain in the system—if arsenic has passed into the bowels I should expect to find some appearances of it occasionally, not always—you sometimes find patches and erosions; but it is not a necessary consequence—I only examined the stomach and gullet—arsenic has been known to be detected in the stomach a week after it was taken—a portion must remain in the stomach, or we could not detect it—the whole could not remain that time in the stomach decidedly—I regard the locked bowel as an effect of the arsenic—the irritation of arsenic passing onwards might produce it—I should give a medical opinion that some must have passed down near to the colon, and that that was the cause of the intersusception.
DR. TAYLOR. I have been for eighteen years lecturer on Chemistry and Medical Jurisprudence, at Guy's Hospital. Last Wednesday I instituted experiments with a view to ascertain the presence of arsenic in what was put before me as the contents of the child's stomach—I found about a grain of arsenic hanging about the black patch that has been spoken of—I have heard the evidence in this case, and have made notes of it—in my judgment death was caused by the intersusception of the bowel alone, and the inflammation of the colon that followed inconsequence—where the strangulation has proceeded to the degree described, I should always expect to find bloody stools; it is one of the most prominent symptoms
where the strangulation is so great and so low down—my belief is considering all the facts of the case, that the arsenic was not in the child's stomach till it returned from the Isle of Wight, and that it was administered to it within eight or ten hours of its death—all the symptoms exhibited by the child during life would, in my judgment, be referable to the intersusception—there has not been a single symptom of arsenic, except vomiting which is common to both—some of the most prominent symptoms of arsenic have been entirely wanting—the witness, Elizabeth Susan Spry, has stated that she slept with the child on the Wednesday night; that it went to bed at eleven, and slept till two o'clock, when it awoke in pain, now I declare it to be utterly impossible that three grains of arsenic could have been in the system of that child at eleven, and all the symptoms be suspended until two—the effect of arsenic on a child is exceedingly powerful; more so than in an adult—I have known a child, sixteen years of age, killed by one-third of a grain, which was considerably less than was discovered here—then it is proved that the child went to sleep again, and awoke at six, screaming, and in pain; thus we have an interval of four hours without any symptoms whatever to indicate the presence of arsenic; it could not have been in the system at that time—I think I understood that the child did not vomit in the night; now vomiting is one of the most prominent symptoms of arsenic, and where the bowels are at all obstructed it must exist in a most intense degree—it appears that the mixture sent by Mr. Woolmer's assistant, on Thursday morning, was given about eight, and up to the time she left by the train a period of an hour and a half, there are no symptoms referable to arsenic—in crossing to Ryde there was a discharge of blood from the bowels; that is exactly what I should expect where intersusception has lasted fifteen or sixteen hours; for when the bowels become constricted the congestion of the vessels leads to bursting, especially in the case of an infant, and it is not a consequence of arsenic until a later stage of the case—I think Mr. Bloxham has taken a most judicious and sound view of the case—he saw only a bilious vomiting, no blood—now if Mr. Rodgers's theory were correct, and the arsenic had then been in the system, and gone on to produce gangrene and ulreration, the destruction of the lining membrane would have caused blood to exude from it, and would have been seen in the vomited matter which Mr. Bloxham speaks of—the sickness was undoubtedly referable to the obstruction of the bowels—if arsenic had been given in the morning the child would have been in a dying state—there would have been cold sweats, violent convulsions, and incessant vomitings; so that no person of ordinary science could possibly mistake the effects of arsenic—then the child reached London about half-past three on Friday, and we see there just such kind of intermittant symptoms as we should expect from the state of the bowels, occasional vomiting, not incessant, as in cases of arsenic; occasional pain, not incessant burning, as in arsenic; indeed, the symptoms all through, up to that time, refer to the strangulation of the intestine—Mr. Hustler saw the child at six in the evening, and it was then very ill; he thought it suffering from inflammation of the bowels, and it was rather convulsed—the question is, what caused this inflammation of the bowels; it is quite impossible that arsenic could have caused it, because the symptoms hitherto have only been in connection with what the child took, and are not reconcilable with arsenic, which would operate upon a child in ten minutes or a quarter of an hour—then it seems that Mr. Driver gave it a powder about nine; there appears to have been no symptoms to indicate the nature of that powder; in fact I should judge from the description given that the child was dying: that
shortly after its return from Ryde it was in a morulent state, and therefore the stomach would lose that irritability which characterizes it in a healthy condition, and it would not be affected either by calomel, arsenic, tartar emetic, or any substance which, in a healthy state, tends to irritate the coats; so that we have no symptoms produced, as far as I can judge, by that powder; I am unable, therefore, to say what the nature of that powder was, as far as the symptoms are concerned; but this I must say, that I examined the stomach with the greatest care, and as Mr. Rodders has admitted, there was not a particle of calomel in the stomach—I cut up two square inches of the stomach, and tested it with every test I am in the habit of using, and by which I have discovered calomel ten hours after it has been administered; but here, although five grains are said to have been administered, not one atom of calomel remained—Mr. Rodgers has admitted that there was no inflammation of the bowels, and my Lord asked whether three grains of arsenic could remain in the stomach three days without some portion passing through into the bowels, and taking effect there; I say decidedly not; it is utterly impossible—if food passed, arsenic would have passed; and if arsenic passed, it would indicate its presence by inflammation of the intestines—Mr. Rodgers's statement, that arsenic must have been two or three days in the stomach, is quite unfounded; there is not the slightest ground for it, unless he admits that which I believe to be utterly impossible, that three grains of arsenic can remain for three hours in the stomach without producing any effect—I never met with or read of such a case.
(The COURT did not call upon the prisoners for their defence.)
NOT GUILTY .
MR. ATTORNEY-GENERAL, with MESSRS. BODKIN, WELSBY, and CLERK, conducted the Prosecution.
JAMES WHITE . I am a short-hand writer. On Friday evening, 28th July last, I attended a meeting at the theatre in Milton-street, City—I arrived there about a quarter to eight o'clock—there were about 100 persons there when I arrived—when the chairman was appointed it had increased to about 500—John Shaw was the chairman—the numbers increased to upwards of 1000 in the course of the evening—they appeared to be composed of the poorer classes, but principally Irish I judge—the speakers spoke from the stage of the theatre—the defendant came on the stage a moment or two after Shaw the chairman had been speaking—I took a note of Shaw's speech, and have it here—(reads—" Friends, you have placed me in rather a responsible situation to-night; however, I obey the call with alacrity, and with pleasure to myself, and I trust any despotic conduct of mine, or on my part to-night, will be excused by you, because I believe you have all assembled here for the same good and religious purpose that I have been induced to attend here for. I will just read you the bill calling this meeting. I believe the meeting was only agreed on to-day; I was not privy to any of the arrangements, and therefore, however I may express my ignorance of the arrangements that are made by the conductors, I trust you will excuse it on the score of ignorance. It is as follows, 'Is Ireland up? 'That is a most important question to me. 'A great public meeting will be held to-night, Friday, July 28th, at the Milton-street Theatre. Cripplegate, to take into consideration the momentous crisis in Ireland. Chair taken at eight o'clock. Several talented patriots
will address the meeting. Englishmen, Irishmen, attend! attend! Admission, pit and gallery, one penny; platform and boxes, twopence.' I believe it is not the intention of the conveners of this meeting to shut any poor man out, be he Englishman or Irishman, for want of the means; therefore if there are any of those persons outside, I trust, as your chairman here to-night that the managers of this meeting will announce the same to them, and give free admission to every poor man. (Applause.) My friends, let the police all come in—let the walking telegraphs come in if they please—let the living telegraphs, that are placed over you to watch over your every act, come—make room for them all if you can convert them, if there is the slightest probability of making honest men of them at all, let them all in: however I despair of any great utility arising from such a task as that. My friends, I was about to say, I rejoice to think, and I verily believe it, that Ireland is up! (Cheers.) Notwithstanding the garbled reports that we receive continually day by day, and every express that arrives in order to delude and deceive the people of this country, I believe sincerely that Ireland is up, and I believe that Ireland will do its duty to itself. The time has now arrived when it is too late to mince the matter; the time has now arrived that both Englishmen and Irishmen should be up to do their duty. I will tell you a little bit of intelligence that was conveyed to me about half an hour ago, intelligence that I deeply deplore; cur worthy, patriotic, straightforward, indomitable friend Patrick O'Higgins, is apprehended on a charge of high treason: now there is no question in my mind, that every other honest and patriotic fellow, both in England and Ireland, will be pounced upon by the same worthless hands, as soon as there is an opportunity. My friends, Patrick O'Higgins is in durance vile, I have every reason to believe; and as soon as ever the government are prepared to arrest your indomitable champion, Smith O'Brien, they will serve him precisely the same. However, I am glad to think they have not got him yet, and I do believe they will have something to do to take him too. While Smith O'Brien is surrounded by 100, 000 brave Irish hearts, (he government will have something to do to stop him. I believe they say that he carries a brace of pistols with him; now these things perhaps ought not to be indulged in by a public meeting like this, but I sincerely hope to God that such is the fact, and the first dirty fingers, be it a policeman in his own uniform or otherwise, that lays a hand upon Smith O'Brien, or any other man who dares to vindicate the rights of his country, I trust that—I dare scarcely trust myself, for our respected friends here, on my right hand and on my left, are sent here for the purpose of performing a professional duty, and I do hope and trust you will excuse them in the performance of their duty,—that alluded to myself and Mr. Bennett, who accompanied me—" they are but men, and they must perform that duty for which they are sent here faithfully, and in accordance with the employ under which they labour. Is Ireland up? I should like to answer that in a very Irish method practised by this country, by putting another question—Is England up? I trust we are up; at all events, my friends, we are up this night, to listen and to be advised by those gentlemen who will presently address you. This is a very critical period of our history, both for England and for Ireland. I believe, and I do hope and trust that we are up in this way, that we shall calmly discuss the subjects that may from time to time be brought before us, and that when this meeting concludes, that we will give no possible pretext to the common foe to pounce upon any man; no processions, no row, or anything of that sort publicly made, so as to enable them to lay hold of you and your
friends to-night; but every one will leave this Theatre, and he will pursue his own quiet and calm way home again, and reflect on what he has heard. I hope, nevertheless, that you will agree with die sentiments that will be uttered here to-night. I do not believe that there is one man that will address you to-night, but are your best friends, consequently they will give you no bad advice; at the same time, I think it is the duty of every man here, to register a vow in heaven that he will never rest contented till both England and Ireland are in possession of their rights. I think, my friends, that it is a duty incumbent upon all; and it is of no use for Mr. John O'Connell or any other sham patriot, threatening me, or Irishmen and Englishmen either, that if the people do not agree with his advice and will not act upon it, he will walk his body away, and take his father's bones with him; if he should, my friends, carry his threats into execution, I do not think it will be any great loss to his country at all. My friends, I shall presently introduce Mr. Dwaine to your notice, to move the first resolution. In reply to that, I an sure I have not the slightest disposition to disturb the bones of Daniel O'Connell, or any other dead man, but I think when we are threatened by the mnan who has taken that illustrious man's place in the affections of Ireland, when he threatens to deprive us of such a valuable blessing as that, namely the bones of the late Daniel O'Connell, I think we ought to pass our opinions on his motives and conduct. I will not address you at any further length to-night, my friends; but I have this request to make, that those gentlemen who are inconvenienced towards the entrance of the pit, will be allowed to move on.")
Q. Now after some other persons had spoken, did the defendant Bezer speak? A. He did—I took a note of his speech—this is it (reads—"It is not the fashion of Chartists to prevent free" and fair discussion; it is the fashion of the enemies of the Chartist to prevent discussion. I love discussion; I glory in being in a discussion, and simply because I think that discussion, based upon fair and equitable grounds, is the best way of arriving at the truth; and I hope it was a little mistake on the part of two or three of our friends; if it was not a mistake, it was only a trick of the authorities themselves to kick up a disturbance. Now then to the resolution I hold in my hand,—'Resolved, that this meeting deeply sympathises with the struggling people of Ireland, and is resolved to assist them by all and every means in their power, and that we consider the physical preparations of the government unjustifiable, without the proper remedial measure attached thereto.' Brother Chartists! brother Republicans! brother Democrats! for I do not know that I can address you by any better name than democrats, for the principle of democracy is the principle of fair play; the principle of democracy is the principle of a free stage to all, and no favour to any; the principle of democracy is the right of the rich, and no more; the principle of democracy is the right of the poor, and no less; the principle of democracy is the greatest amount of good to the greatest number; in short, the principle of democracy is the principle of justice and of truth. Democrats understand each other all over the world. Democrats are the same in every nation; the democrats of Russia, the democrats of Poland, the democrats of Switzerland, the democrats of Germany, the democrats of France, the democrats of Ireland understand each other; they are all travelling the same road; they have all one end; they have all one aim; they have all one object in view, and that object is glorious liberty! they are all singing one song, not in the same language perhaps, but the same sentiment—
' Oh liberty! will man resign thee; Once having felt thy gen'rous flame? Shall locks, or bars, or bolts confine thee? Or whips thy noble spirit tame?'No, it has not tamed John Mitchell yet, I will be bound. It has not yet tamed Ernest Jones, I will be bound. Did it tame the men of old, when they were burned at the stake? No, it did not; it actually progressed their principles more than they would have progressed; and let tyrants beware. You had better shut up shop; you had better put up your swords, and cut and run, for democracy is spreading, depend upon it, and sooner or later it will overwhelm you all. My friends, we live in strange times, we live in very queer times; and yet it is a privilege to live in these times. We have seen a great many things; we have seen lords, and dukes, and princes, and all the rest of the mob in different nations cut and run. Louis Philippe had to change his clothes and his whiskers, and to take his umbrella and cat and run away. (Cheers and laughter.) We have seen great changes, and we shall live to see greater changes yet. As a democrat I hope so; and as I said before, I do not know that I can address you by any better word than democrats. I might say, Mr. Chairman, and all respectable people, and for this reason, because every man that works for his living honestly, either by his head or his hands, is a respectable man, though by bad laws he may be badly clothed, badly housed, and badly fed; and those who do not work for their living, but who fatten upon the labour of others, are not respectable people; but, on the contrary, are thieves, and rogues, and vagabonds—(loud cheers)—though they may wear fine linen, and fare sumptuously every day; though they may wear crowns on their heads, and have swords hanging at their tails—(laughter)—and though they may be called lords, and dukes, and marquesses, and viscounts and right reverend fathers in God, and knights of the garter, and grooms of the stole, and lords of the bedchamber, and all the other mummery, and flummery, and humbuggery. I therefore will address you, Mr. Chairman and friends, as respectable people; for I presume, that with the exception of a sprinkling here and a sprinkling there, and a few here and a few there of despicable wretches, who have hired themselves for blood-money,—with the exception of these creatures we are all respectable people, I hope. I work for my living. If Lord John Russell wants to know what I am, I am a merchant of the City of London. I am a merchant in the City of London; and though perhaps I have not much rhino, I am perhaps more respectable than many other merchants, for I do go to market with ready money. I sell fish about the streets; and if Lord John Russell wants to be a customer, I will sell him a pike cheap—(loud cheers, two or three times repeated)—or if the Treasury is almost exhausted, (which I dare say it nearly is,) it the Exchequer is very low indeed, I am a charitable man, although our friend Shaw the other night said he would not be so merciful as I am,—if the Treasury is so very low, and Lord John Russell can't afford to buy a pike, I will give him one. (Laughter and cheers.) I was going to say we live in queer times; I say again, it is a privilege to live in these times; but let us not forget that there is a danger also in living in these times. Some of the men that I invited to-day to speak on this platform perhaps think so. However, there is one thing that we must not forget, before all and above all, viz., that we live in times when every man expects each other to do his duty. (Cheers.) These are the times for duty; we must perform our duty. If we perform our duty well, generations
yet unborn will bless us; if we perform our duty ill, generations yet unborn will curse us. What is that duty? The Northern Star of last week says our duty is to sympathize with Ireland; the Northern Star says well. Is our duty to end there? My friends, our duty is to sympathize with Ireland; yes, our duty is to pity Ireland; yes, and our duty is to help Ireland (loud cheers); and I will tell you how we will help her the best way we can. (Loud cheers.) I am not going to tell you, 'Gentlemen,' or 'Friends, in God's name, get arms! for that is sedition; I am not going to say, 'In God's name, get pikes! 'for that is felony; but I am going to say, in God's name, get umbrellas, for the rain may fall (laughter); I am going to say, in God's name, get great coats, for the winter is coming, and you might catch cold. I am not going to tell you my opinion of the Government of this country; you all pretty well know that; but I will give you the opinion of somebody else; and as this man is a long way off, I do not think that the Government will be able to catch him; and that is the editor of the New York Herald. I am reading from a stamped newspaper, the Times, the most loyal paper in all the world, and therefore there is no treason in that. This is what Brother Jonathan thinks of the British Government. They say we are a nation, you and I, we are a nation, Say they, grovelling in abject slavery;' there is a shame: a narrow oligarchy is grinding the masses of our population to powder; it rules taxes and plunders the State for its own lucre and ambition; the Church, the Law, the Army and the Navy, and the Crown, are kept up only to satiate its hungry maw, and aggrandize its power. 'The middle classes' says Brother Jonathan, (I do not say so,) 'are either slaves or toadies; the lower classes only slaves. Chartism, says Brother Jonathan, 'is the natural and true expression of the popular feeling; the unconcealed wish of the majority of the people is fora republic, and they are only kept in check by the terrors of military force.' And now something to the point that has called us together to-night We will quote Brother Jonathan again, because they cannot catch him. 'If ever there were a people,' says the editor of the New York Herald—which, mark you, is the organ of the War party, and the War party in America is now getting the ascendancy, and that is another significant fact—' If ever there were a people who had cause to rise and strike down their tyrants, the Irish are that people; if there ever was a time to do it, the present is it. The crisis may be delayed till after the harvest, but we are inclined to think that it will come then beyond all peradventure. They will gain an accession to their ranks, from Mr. Mitchell's conviction and transportation, of thousands who have heretofore opposed their movements; and if, after rising in arms, they can but hold their ground for five or six weeks, their example will assuredly be followed by Chartists;'—I do not say so, it is the editor of the New York Herald;—'and the result will be the downfall of the great tyrant of the universe,—one of the most corrupt, tyrannical, grinding, and despotic governments that Providence ever permitted to afflict a world. In this downfall the nobility and aristocracy, the well-fed puppets of the government, they who have lived on the fat of the land, and revelled in luxury, purchased by the sweat and anguish of a nation, will be crushed to atoms.' (Loud cheers.) If I am not detaining you too long, I will read you another extract—(Cries of 'Go on')—because, you know, I was told the other night that I was a very good general, that I should not get into quod. It would be more luck than judgment, in my opinion, however. The last evening I spoke, I only prayed something. It does not say in the Act that we must not pray; it only says that we must 'not imagine, compass, or devise. To-night I am only reading something. The Gagging Bill does not
say we must not read; so you see I like to do everything according to law Brother Jonathan says again,: 'By the last arrival from England, we have some indications of the policy which England has shaped, and which, from all appearances, she is determined to pursue. It is not a direct, open, and honest policy, such as Russia has marked out, but a mean, pitiful, sneaking and underhand system of petty intrigue, and Machivælian deception, which has always characterised her Government from time immemorial. It is the same system which she has so successfully thus far used towards Ireland, and by which she has been enabled to retain her dominion over that of Ireland, in despite of the wishes of its people, and in direct contravention of all principles of justice, human and Divine. Fearing the powerful republic, its increase, its stability, and its future greatness, and knowing herself to be powerless to oppose any obstacle in its way, this wicked, atrocious, and diabolical government has embarked in a policy which would disgrace the Thugs of India. She dare not meet the republic in the field, and there manfully and honourably dispute the spread of the principles of free government in Europe. The first shock of battle would show her nakedness, and prostrate her; but she can play the assassin; she can stab her enemy in the back, as she has done on former occasions, and as she is attempting to do again, but it will be seen with what success eventually. The policy which she has determined upon is to send abroad her agents for the purpose of intriguing with the people and with the governments of the continental nations; of putting the people against the governments, and the governments against the people; of inciting the masses to rise for their rights, and inciting the governments, when the masses have risen, to massacre them, as has been done in Naples; there is not only every probability but it is almost a moral certainty that the late dreadful massacres in the city of Naples, were the work of this treacherous and mean government: through the agency of its intriguers; at the present time there is no doubt that England has her agents scattered throughout all Europe'—of course she has, she has them scattered in Milton-street Theatre, 'whose missions are of this character, and who if successful would deluge Europe with the blood of her people, and re-establish amid carnage and desolation, monarchy in France, and stop the progress of the principles of free government from making further headway in Europe. These are the despicable and underhand means which this assassin government has resorted to, to overthrow France, not daring, as we have before stated, to measure lances with the giant republic;'—now, The Times says, in answer to this, that England 'has no more to dread from the navies of France than she has from the armies of America, but she will meddle with the internal affairs of neither, not because she dreads the strength of either, but because' and I think so too, 'but because she respects the rights of Nations and recognises the value of peace. Now there is an important question in the Bill, 'Is Ireland up V I am not in the cabinet; I am not in the council;"—(a person behind the speaker here handed him a slip of paper)—"oh yes, I know Lord John Russell was found guilty once by a Galway jury, but there has been more juries than the Galway jury sit upon Lord John Russell; but the question is asked in the Bill 'Is Ireland up?' I think you will all own that she has been down long enough; and another thing you will own too, I think, that it is time that she was up, and if she do not get up herself as one man, serve her right for being down, serve any willing slave right, serve any one right that kisses the chains that bind them, it is only a shame that the innocent should suffer with the guilty, and those who pant for liberty should still be in bondage, while some are slaves at
heart, but I hope that Ireland is not a slave at heart, and the time is fast approaching, perhaps at this moment she is at it, and if she is, God of the suffering poor defend the right! In ancient times the question was asked, 'How long, O Lord, how long shall tyrants reign?' I ask that question. again; I say, 'How long, oh Lord, shall tyrants reign?' Tyrants have reigned in Ireland for seven centuries nearly, and I hope that those who have mocked her sufferings and starved her, may now meet with the reward they merit, whoever they are. But what would Ireland do if she had he nationat say some people; what has that to do with me as an Englishman. The Irish have a right to govern themselves; if they govern themselves ill, the rod will fall upon their own backs. Why should eight millions of Irishmen, merely because they are Irishmen, be called the most stupid people upon the face of the earth? if they govern themselves ill, they will have all the consequences; if they govern themselves well, they will have the advantage of all being well. But let the Irish nation, as every other nation, govern itself by its own laws; some people say, what have the English to do with it? The English I consider, if they are democrats at heart, have to do with everything that is oppressive and unjust. They have raised their voice against injustice and oppression in Poland. Why not raise their voice when oppression and injustice is perpetrated in Ireland? Lord John Russell said yesterday, when some of the Irish members of the House of Commons were told by his lordship to go to Ireland, where they were wanted to make peace, they said, 'But will you not give us some remedial measures—something by way of an olive-branch, to take to Ireland;' 'No,' said Lord John Russell 'you must go without any remedial measures at all.' I say the govern-ment are acting either very roguish or very insane, and therefore I say, openly and advisedly, that neither a roguish government, or an insane government ought to exist. But the same gentleman says that we do not want any reform—why, Gentlemen, I am ready here to assert, and as I love discussion, I would discuss it with anybody, that there is something rotten in the political state of England—that, from the crown of the head to the sole of the foot there is nothing but wounds and putrifying sores. But Monarchs, Aristocrats, Lords, Free-Traders, Special-Constables, and Blue Devils, have all done that which. they ought not to have done, and have left undone that which they ought to do; and if there is one monopoly more than another in this country; it is the monopoly of legislation—one in seven has no voice in this country, and while that is so, we are virtually slaves. If there is one abomination in Ireland more than another, it is the English Church as by law established; and I advise you as soon as you have threepence about you, to read the Black Book of England, published by Cleave, and learn, and mark well, and inwardly digest too, and you will find that Lord John Russell was very foolish, and told lies too, when he stated that the people of England wanted no reform. But some of them tell you that the great cause is the surplus population in England and Ireland; that is just what I believe myself, and I think that that is about the first time that the Government and I have ever agreed. But so it is, there is too many bishops, there is too much aristocracy, there is too many drones to live upon the bees.—I wish to God they would emigrate, I would not send them to heaven, though there is no question about that, for they would not be let in, nor would I send them to hell, for I should not be uncharitable enough to do that; but I would send them to some remote quarter of the globe, and let no one go there but the bishops, and those persons. I say that a system of emigration is a very good thing, and the sooner these fellows emigrate the better. With these few remarks, I beg.
leave to reiterate the sentiment, whether it be treason, or felony, or sedition or no. I beg leave to reiterate the sentiment that is now in my bosom, for I always like to say what I mean, and mean what I say, notwithstanding the consequences that may ensue, for the truth ought to be spoken. I reiterate the sentiment, that Ireland is justified in rising up in arms against those who have oppressed her, and God grant she may win, and I say, in the language of the poet of last week,
'Down with Aristocratic slavery Up with Republican bravery!'"
"Loud and continued cheering, and waving of hats."
Q. Did you see that the defendant read from a number of the Times newspaper? A. He did, I observed the date of it—it was 7th July.
Prisoner. Q. The meeting was announced by placard? A. It was—a person named Nash was turned out of the body of the meeting, but was afterwards admitted, and made a speech—I did not know his name at the time he was turned out, but when he came forward and spoke, I put it down.—(The extracts from the New York Herald, as given in the defendant's speech, were here read from the Times, with the editor's remarks.)
Prisoner's Defence. I shall detain the Court but a very few moments; and there is one thing, at all events, true in my speech, if there is nothing else, and that is, that I have not much judgment, not with standing all the 'cunning and talent, ability, eloquence, and wit' that I have displayed, according to the remarks of the learned Attorney-General; evidently I have not had much judgment, or I should not have been placed in this position; and permit me to state, that I stand here this day unaided by counsel, not because I have any idea that I can defend myself in anything like a lawyer-like manner; on the contrary, I am a poor, uneducated working man, with no pretensions to learning; but the reason is simply that I have no money to provide professional aid, and if I had, I should consider that money better applied in relieving the necessities of my wife and family, who are placed in a poor and destitute position by my apprehension. I hope, therefore, Gentlemen, taking these facts into your consideration, that you will listen to the few remarks I have to make, just as calmly and dispassionately as you would to those of the highest law authority in this realm. You will agree with me, I think, Gentlemen, that it cannot be said of the laws of England, notwithstanding the learned counsel has told you in his opening address, that the law of sedition is very plain, and that any man can understand it; still, after all, I think you will agree with me, that it cannot be said that the laws of England are so plain and intelligible that a wayfaring man though a fool should not err therein; on the contrary, most men say that for the most part they are so inexplicable as to confuse the minds of the wisest of men. I shall not, therefore, attempt to enter into the labyrinths of that law, by following the learned counsel through its mazes, but I shall ground my defence upon principle, and upon principle alone. Gentlemen, I am a Chartist—I avow it in this place—a conscientious Chartist. I firmly believe that the principles of the Charier are based upon sure foundations; that they are true, and if I suffer for the promulgation of those principles, I shall not be the first by thousands that have suffered for the truth's sake; and let me tell you, Gentlemen, that although these Government prosecutions may be detrimental; for the time being, to the individual victims, I do think, and I here avow it, that they will rather accelerate than retard the democratic cause, because that democratic cause is the cause of justice, and must ultimately prevail, in spite of all opposition—in the language of Charles Mackay, that beautiful poet of the people—
" The truth will yet come uppermost And justice will prevail." 'I am charged in the warrant issued for my apprehension, with maliciously endeavouring, by the words I uttered on 28th July, to incite the Queen's subjects to anarchy and rebellion. I deny that charge most emphatically, and with indignation. I hold that there is no maliciousness, no wickedness, in the free expression of one's firmly-rooted political opinion. There seemed to be no maliciousness, no wickedness, on the part of the Whigs when they were out of office in using exciting language; and yet I need not tell you that language as violent was uttered by the Whigs when out of power and place, as was used by your poor, humble fellow-countryman on 28th July last. The policeman who apprehended me has in his possession a paper, which was read in evidence against me at the Mansion-house; it was a mere extract from Goldsmith's History of England—a work certainly not seditious, and which I should like to have had for the purpose of preparing my defence in something like a uniform order, but that book, as well as the Times newspaper of July 7th, was denied me by the authorities of the prison, though they were left at tie gate by my wife. (Mr. Cope, in answer to an inquiry from the Court, stated that he was not aware of any papers or books having been left at the gaol for the prisoner. The extract he referred to teas here handed to him by the policeman.) The papers are not at the gate now, my wife would not leave them. I merely wanted the Times newspaper for the purpose of showing that I did not say anything but that which was in the paper, but as it has been read, it is of no material consequence. But this is the extract from Goldsmith's History of England, and I think it is particularly applicable to the present time, and to my case; it is a portion of a speech of Mr. Curran, M. P., in 1796, relative to freedom of speech—he says: 'Freedom of speech is essential to all real liberty, and none but those who were conscious of wrong would attempt to impose silence upon the people. The public voice sounds harshly in the ears of bad ministers, whose fears prompt them to abridge the liberties of the nation, but he trusted that his countrymen would not tamely submit to such insult and oppression; it was only in meetings that the real sentiments of the people could be manifested; and if this right should be annihilated, all opposition to ministerial tyranny, either in or out of Parliament, would be crushed, and the democratic branch of the constitution would be overborne by the Crown and the aristocracy.' Those were the sentiments of a member of Parliament in 1796, and that which was true then may also be said to be true in my case. It is only for freedom of speech—for I have done nothing, I have committed no moral wrong—it is only for freedom of speech that I stand here this day; it is only for exercising that acknowledged right of an Englishman, that a strong government has thought proper to lay violent hands upon your humble fellow-countryman; and why? doubtless because the Whig ministry are at their old game again—finality; notwithstanding their promises out of office, they are endeavouring to stop, by tyranny, the onward progress of all reform: they are endeavouring to gag the mouths of your starving fellow-countrymen, not by acts of justice, but by acts of oppression; and in doing this they are flattering you; they are calling upon you, Gentlemen of the middle classes for the time being, just to serve their turn, and then they will grind you down also. Disappoint them, Gentlemen; show by your verdict this day, that acts of oppression and tyranny are not the means in these times to stifle public opinion; but if they want to continue in place and in power, let them do justice to all, to the working classes as well as to the
middle classes, or let them make room for better men. The learned counsel, I believe it is the Attorney-General, urges that I uttered a seditious speech, of a violent and inflammatory nature, and to persons of a violent and inflammable nature, too. That is not right; I did not assemble the people together; if they wort the 'lower order of Irish, (I saw plenty of Englishmen among them), it was not my fault; and if they had been, I presume that the lower order of Irish me men, are human beings, subject to the same difficulties, and to the same feelings as other men. Surely this cannot be urged against me; the assembly that was there met—they were men, and for aught I know, honest men, though perhaps not dressed in fine linen; not persons of the higher station of society, but still men. I uttered a seditious speech, says the learned Attorney-General. After all, what did I say? First, I gave it as my opinion that the democratic principle was founded on justice; that the principles of democracy were the principles of truth; and I believe that I spoke the truth in so stating, whether it be sedition or No. I also gave my humble definition of respectability; not in an eloquent style, that I could not do, for I am sell-taught, but I gave my definition of respectability, and that definition was simply that labour was the source of all wealth. I may have been mistaken in my views, but I apprehend that I uttered no sedition. Thousands upon thousands of the best and wisest of men in this country have laid that political doctrine down as an axiom not to he controverted. I believe so too; I reiterated that doctrine. I repeat I may be mistaken, but I apprehend that in reiterating that, I uttered no sedition. I said, thirdly, in contradiction to Lord John Russell's assertion some time ago in the House of Commons, that we wanted no reform, that we did want reform. Surely it would be vain to take up your time in endeavouring to dilate upon the various reforms which men of all classes admit to be necessary. There is scarcely a man that has studied politics, but will admit that there are some reforms necessary in the state. I added, it is true, that all had done that which they ought not to have done, and left undone that which they ought to have done. Was that sedition? the mere political application of Holy writ? I have been told so by the reverend Ordinary in Newgate, time after time in the reading-desk since I have been here; and I said so at the meeting at Milton-street theatre: I uttered no sedition surely in saying those words. But fourthly, and upon this point the Attorney-General has spoken very strongly, I read extracts from the Times newspaper, according to the remarks of the editor of the New York Herald. Now remember, Gentlemen, that whether those remarks be of seditious tendency or no,—for I admit my ignorance, I do not know that there is any shame in my saying that I admit my ignorance of the law,—he it remembered these remarks were not mine; that, the evidence this day incontestably proves,—I see that the Attorney-General by his pen and ink, is about to answer me,—the evidence of Mr. White incontestably proves that those remarks were not mine; but that, on the contrary, I interlarded those observations by giving an opinion contrary to the remarks of the editor of the New York Herald, and actually agreed cordially with the Times thereupon. Now then the question arises, whether the mere reading of these extracts constitutes sedition; if it does, then I plead ignorance of the law; and I humbly but naturally conclude that, if I am to suffer for reading these extracts, the editor of the Times will be punished for printing them. I read them to 800 or 1000 persons, the Times circulates about 30, 000 copies daily; if 1 am to be punished for merely reading them, then, in common justice, it may not be the law, the editor of the Times ought to be punished for printing them. Certainly this is logic if nothing else is, that
I could not have read them if he had not printed them. Well, Gentlemen, I expressed sympathy with Ireland—unhappy Ireland, and this is a crime! expressing sympathy for the sufferings of millions of my fellow-men. I said that it was our duty to help Ireland: did I say that it was our duty to help her with arms and ammunition? did I say it was our duty to help her unconstitutionally? I did not; I added that I hoped that those who had starved and plundered her would meet with the reward they merited; meaning of course the great landed proprietors in Ireland; and what does that amount to? Simply that I am no friend to the unnatural relationship existing between landlord and tenant in that country; a relationship which gives all protection and power to the former, and none to the latter; a relationship that causes a drain of four millions in the shape of an absentee drain; and thus leaving millions of my fellow-countrymen in a helpless condition, and not only helpless and starving, but continually starving year after year. If uttering these remarks was sedition—if giving my veto against such acts of tyranny and oppression was sedition, then I believe that millions, at all events thousands, of my fellow-men of all ranks are seditious people; for they, like me, are no friends to the unnatural relationship which exists between landlord and tenant in that unhappy country. Well now, Gentlemen, this is about 'the head and front of my offending.' I urged no riot, nor was there any; I recommended no disturbance, nor did any take place—in short, I am here merely for the free expression of my conscientious opinion; and 1 am here too, because those conscientious opinions are displeasing to a truckling Whig ministry. But, Gentlemen, I anticipate a different verdict from you. Place yourselves in my position for a moment in imagination—a poor man, with a wife and five small children to maintain, in the heaviest taxed country in the world, solely by my own exertions, literally in a distressed condition, not because I am lazy, or a drunkard, or dishonest, or a spendthrift; there is no man in or out of this Court that can lay aught to my charge in this respect, or in any immoral respect; I say literally in a dibtresstd condition, and I am merely stating that condition to show that it is no worse than that of thousands, ay millions, of my fellow men. What is the condition of the greater portion of the labouring classes of this country at the present time? Thomas Hood depicted them very eloquently and very truthfully when he said,
"Work, work, work! My labour never flags; And what are its wages? a bed of straw, A crust of bread, and rags." This was in a great measure my condition, and place yourselves in imagination in my position, and you might—yes, Gentlemen, you might—for perhaps you never felt the pangs of hunger—perhaps you never had the struggles I have had, and the thousands, perhaps millions of my fellow men have had, to get through life. I have struggled hard from my youth up to obtain an honest living for those I love; and you might have used much warmer expressions than I did on this occasion: then, do unto others as you would be done unto; and if you do, I confidently wait your verdict of acquittal. I hope you will consider these things calmly; I am undefended, and I am a poor, humble, uneducated, working man: and consider the times—the learned counsel has told you you ought to consider the time at which I uttered this speech. You ought to consider the time in one respect—perhaps in the respect which the Attorney-General has urged, but also in another—these are exciting times, distressing times, and you ought to consider that what I uttered was in a moment of excitement; it was no written speech; a man
may utter that at one time which at another he might think it unadvisable to say; not that I am here this day to tell you that 1 have changed my principles.; no, those principles are engrafted in my heart; I believe them to be founded in truth; I can see nothing unnatural, nothing unreasonable, nothing immoderate in the demand of the people when they ask for the charter. I cannot see that it is just that one in nine in England, one in eleven in Scotland, and one in seventeen in Ireland, of the male population only, should have a voice in the country. I might go through the principles of the charter, but it is not, of course, necessary, you have all heard and read of them; I am not here to defend those principles eloquently; I cannot—you know what they are, and I think you will not see anything unreasonable or unjustifiable in my remarks. I am not here to endeavour to create pity among you; my principles are as they ever have been, and if I am to suffer in a dungeon, I shall at least have this to console me, that I am not there for any moral wrong that I have committed, but only for that which I think true and just. Take these circumstances into your consideration, and I confidently await your verdict. I hope the Searcher of all hearts will guide you right.
GUILTY . Aged 32.— Confined Two Years, and Fined 10l. and to enter into his own recognizance in 100l., and to find two sureties of 50l. each, to keep the peace for five years.
MR. EWART conducted the Prosecution.
JOHN ARCHER . I am a servant at 63, Lower Sloane-street, Chelsea. On the night of 11th July, about twenty minutes past eleven o'clock, I was in Sloane-street, and saw the two female prisoners there—they acosted me—one came on my right, and the other on my left side—they invited me to come along with them—I declined, and told them to go about their business—they would not—Pickett, who was on my left, snatched at my watch, and dragged my silver chain, gold seal, and common key from my watch—the guard, which is now round my neck, saved it—she flew into the road—I immediately bolted after her—she up with her fist and knocked my hat off, and I received a tremendous blow at the side of my head—I stooped to pick up my hat, and as I rose I received another tremendous blow at the side of my head—the prisoner Keates then came up, and said, "Did you strike that woman?"—I said, "Yes"—her shawl fell off, he picked it up, and said, "Do you mean to strike her?"—I said, "Yes"—she ran as hard as she could down the street, calling out, "I will follow you home"—I said, "Do you mean to keep that shawl?"—he said, "Yes"—I said, "I will thank you to give it to me. till I get my property back"—he said, "No"—he took it and gave it to Tapson, who was on the pavement—she said, "I know who that shawl belongs to"—I said, "You shall give it to me"—she said, "No, I shall keep it"—they walked on down Sloane-street and I followed them, and insisted on having my property or the shawl—there were two more bullies on the pavement—at the corner of Exceter-street a policeman came up, and I gave Tapson in custody—I did not charge Keates then.
Cross-examined by MR. O'BRIEN. Q. Had you a stick in your hand? A. Yes, I raised it up when the man said, "Are you going to strike the woman," and I said, "Yes, if you dare to strike me again"—that was when I received the second blow—that was the first time I saw Keates—Keates
did not go to the station-house with us—I did not observe him—I will not swear he did not—I lost sight of him, to the best of my recollection, in crossing the King's-road going to the station-house—he was present when I gave Tapson in charge—I saw him next morning with Pickett near the station-house, and gave him in charge.
COURT. Q. Did the blow Pickett gave you knock you down? A. No, I was not knocked down with either blow—I can take my oath of Tapson—she kept following me down Sloane-street—I can swear to them both.
WILLIAM WARDLOW (policeman, B 87). On 11th June, about a quarter to twelve, I was in Sloane-street, Chelsea, and saw the prosecutor there, and a number of persons with him—Tapson and Keates were with him—the prosecutor, who was following Tapson, said he would follow them till he found a policeman, that they had robbed him of a chain and seal—I told him I was a policeman—I was in plain clothes, and he then gave Tapson in custody, and charged her with robbing him—I took her to the station-house—she had this shawl (produced) in her possession—she said she knew the female who had robbed him, but she did not know her name or where she lived—I was present the next morning when the prosecutor recognised the other prisoners and charged them—when Keates was charged he said Tapson was passing along—he knew nothing about it, and she picked up the shawl.
Cross-examined. Q. Keates was there when you came up? A. Yes, he went down towards the station-house after Tapson was given in custody—going along he spoke to the prosecutor and induced him to let him go.
JOHN ARCHER re-examined. This is the shawl that dropped from Pickett's lack when she robbed me—the seal and chain have not been found—I did not raise my stick until Keates came before me and asked if I was going to strike the woman—he did not say, "What, you are not going to strike a female, are you?"—I told him I would strike him if "he dared to lift his hand against me—I had not my arm raised to strike the female when he came up.
Tapson's Defence. If I had been guilty, I should not have stood there holding the shawl; if I had given him the shawl, he would not have given me in custody; I was looking for a policeman, and I meant to give the shawl to him in the prosecutor's presence; Keates was coming down to the station to say he saw me pick it up; I knew the female a long time.
Pickett's Defence. I was not in Sloane-street at all that night; the shawl does not belong to me; I have had only one for the last twelvemonths; I came to the station-house next morning to take a summons cut; I walked up and down the street; the prosecutor came up to me and said he had something belonging to me; I asked what it was, and he said he would tell me by-and-by I was then taken and accused of the robbery; I had nothing to do with it.
Witness for the Defence.
WILLIAM FRANCIS PLUMMER . On 11th July last, as I was proceeding home, in Sloane-street, I saw a scuffle a few yards before me, between a woman and the prosecutor—they were standing up—the woman was apparently beating him—she knocked off his hat, and immediately ran away—the prosecutor stooped to pick his hat up, and ran after her, towards the top of Sloane-street—I did not see anything happen to him while he was stooping—the woman ran away while he was picking up his hat—there was another woman there, and she ran after her across the road—there was a third woman coming down Sloane-street, who picked up the shawl—the prosecutor turned back and asked her where she was going to take the shawl to, and asked her to give it him—she said she would not give it to him, she would give it to a policeman—she proceeded towards Exeter-street—he followed her
—the policeman came up, and he gave her in custody—she was four or five yards from the prosecutor when I first saw her, and was coming in quite a different direction to the woman who ran away—I did not know her before—I follwed her to the station—I li ml the prosecutor give her in charge—I herd him ask her it she knew were the girl was that had taken his chain and she said she knew nothing of it—he did not give her in charge for being concerned in stealing the chain—he said, "You know the girl that has stolen my chain give it up and I will say no more about it"—I was not allowed to go into the station to state what I knew, or I should have done so, but I told the policeman, in going towards the station, that I saw the girl pick it up—I gave my address that night, and Tapson's sister came to me and asked me to come and state with I knew—I knew them by sight before, but never had any conversation with them—the girl who ran away was stouter than Tapson much about the same height, but a stiffer made girl, and the second one that ran away appeared about the same height—I did not see their faces—I saw Keates when I got to Exeter-street—he was not there when the prosecutor's hat was knocked off—I am a carpenter, and work for Mr. Hastings, at Knightsbridge—I saw the prosecutor raise his stick to defend himself from the girl who ran away.
WILLIAM WARDLOW re'examined. The prosecutor gave Tapson in charge to me for being concerned with the other in robbing him of his chain, seal, and key—I saw Plummer that night—it was a clear night—I can't say whether there was a moon, but the lamps are thick in Sloane-street, and show a very good light, so that I could see a man's countenance perfectly well.
JOHN ARCHER re-examined. It was a fine night—not moonlight—the stars were shining—there was plenty of light to distinguish a person's face—I am quite sure Pickett is the person who stole my chain—as soon as she saw me next morning she ran away as hard as she could—I and two policemen ran after her 200 or 300 yards—Keates, who was with her bolted as well, and the policeman took him—I did not give him in charge the night the robber was committed.
ROBERT BANBERICK . On the night of this robbery I was at the Free Traders' Arms, Exeter-street, till eleven o'clock, when the house closed—I came out with the landlord and two or three others, and went into the Prince of Wales, an adjoining house, and had a pot of beer—we were there about half an hour—Keates was with me, and had been with me at the Free Traders—we came out of the Prince of Wales together, and while standing there I saw a disturbance at the top of Exeter-street—Keates said, "I wonder what that is"—he waited two or three minutes and men said, "I will go and see what that disturbance is about"—he ran away—I followed him—when I got there I saw the prosecutor flourishing a stick in his hand and rolling his eyes about as if he was mad or intoxicated—he was saying, "I will knock down any person that hits or comes near me"—I saw a female running away, and it was towards her that he raised his stick—I saw Tapson there with a shawl in her hand—I did not see her pick it up—she did not attempt to go away—the prosecutor asked her tor the shawl—she refused to give it up—the policeman came up, and he gave her in charge for having possession of the shawl—he said he would either hive the shawl or his property—that he had been robbed of a chain, or something of that description—Keates, I, and several others followed to the station to state what we had seen—a man named Carey went in—Keates, would also have gone, but I said he had better not, as Carey would be sufficient—Carey was not one of our party but was a perfect stranger—keates remained outside till the prosecutor came out—I
then bid him good night, and went home—I am a carpenter and joiner—I am in work, and was so at that time—I have known Keates six months, by having drunk together, but have no particular acquaintance with him—I do not know how he gets his living.
MR. EWART. Q. How far is the Prince of Wales from the corner of Stone-street? A. 100 or 150 yards—when Keates went to see what the row was, I followed close at his heels—he was not. above five yards before me—he was not in company with any female by the prosecutor—he walked within a few yards of Tapson, as we went to the station.
PICKETT—GUILTY. Aged 24.— Transported for Ten Years. TAPSON and KEATES— NOT GUILTY .
NEW COURT.—, Monday, Aug. 28th, 1848.
PRESENT—Sir JOHN PIRIE, Bart., Ald.; Mr. Ald. FINNIS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY . Aged 21.— Confined One Year.
1937. WILLIAM JOHNSON , stealing 1 pair of trousers, value 1s.; the property of William Fletcher; and 1 shirt, value 1s.; the property of Andrew Baker, in a port of entry and discharge, to which be pleaded
GUILTY .— Confined Nine Months.
GUILTY .— Confined Four Months.
GUILTY . Aged 26.— Confined Nine Months.
GUILTY .— Confined Three Months.
Prisoner. I picked it up; I did not know the value of it. Witness. I might have dropped it.
GUILTY . Aged 17.—Recommended to mercy.— Confined Ten Days .
MR. HUDDLESTON conducted the Prosecution.
GUSTAVUS GOLDBERG (by an interpreter). I am a merchant, at 8, Duke-street, Aldgate. On 18th Aug., between ten and eleven in the morning—I met the prisoner, in Bishopsgate-street—he led me to Bury-street—he said "There are two policemen waiting for you, and there is a reward of 100l. offered for you, you may escape if you give me 10l. "—I said, "I have nothing to give you, you have no claim on me"—he led me from there down a dark passage, and said, "You have nothing to do with me! I will show you"—he laid hold of me and took my watch, and 2l., which was wrapped up in paper—he seized me by the collar and dragged me along towards Bury-street—I made a noise and cried, and the Rev. Mr. Asher came and said we should both go to Mr. Levine's close by, to settle the matter amicably—the prisoner said to Mr. Levine, "I have the watch, but I won't let him escape"—Mr. Levine went to get an officer, and the prisoner went away also.
Cross-examined by MR. O'BRIEN. Q. How long have you been in England? A. Three weeks—I came from Germany to seek employment—I was dealing in embroidered goods, which were imported from the house where I was employed—I was brought up as a merchant—I have known the prisoner as long as I have been in England—he lived in the same house with me—he borrowed a pair of shoes of me—when I met him that day I spoke to him and asked him for my shoes—I have never been before a Magistrate—I did not leave Germany because there was a charge of forgery or embezzlement against me—I never committed a guilty act—I was never charged with any—when Mr. Asher came up the prisoner had hold of me—I could hardly speak—I said, "This man wished to get 10l. from me."
MR. HUDDLESTON. Q. Did you also tell Mr. Asher he had your watch? A. Yes—distinctly, in the presence of the people there—I was much excited—I had been in London before.
REV. BENJAMIN HENRY ASHER . I am a Rabbi of the Synagogue. Last Friday, between ten and eleven in the morning I was in Bury-street, and saw the prisoner, he had hold of Goldberg—there was an altercation—I asked what was the matter—Goldberg was greatly excited—after a few minutes deliberation he said, "This man wishes to have 10l. of me"—he appeared almost moved to tears—I said, "Surely it must be for some cause?"—he said, "He has already my watch"—I said I would not allow anything to be done to him in the street, but either to go before the Chief Rabbi, or the Lord Mayor—I suggested to go to Mr. Levine's—Mr. Levine went for a policeman—the prisoner said, "That is my wish, I will go for a policeman myself"—he went away and never returned—I went to his lodging and he was not there.
Cross-examined. Q. Were they on the pavement? A. Yes—this street is not much of a thoroughfare—there are no shops there—I did not hear about two sovereigns then: I did at Mr. Levine's after the prisoner left.
HENRY LEVINE . I live at 24, Bury-street. Mr. Asher and Goldberg came to my houe—Goldberg began to cry, and said, "He has robbed me of a gold watch and 2l. "—I went for a policeman—the prisoner said, "I have got the watch"
Cross-examined. Q. When Mr. Asher brought them, had the prisoner hold of Goldberg? A. Yes—he said he would not let him go till he should
take him home—I did not hear anything about smuggled goods—the watch has not been found.
(Samuel Levy, a general-dealer; Mrs. Frazer, and Mrs. Parry; gave the prisoner a good character.)
GUILTY . Aged 23.— Transported for Ten Years.
GUILTY . Aged 22.— Confined Three Months.
SUSANNAH MARIA GULLIVER . I am chambermaid at the Nag's Head-inn, Borough. About a month ago two men came there to sleep—one was shorter than the other—the shorter one went down—I afterwards found this handkerchief, with this money in it, in the chimney,
EDWARD KEYSER (through an interpreter). I am waiter at a lodging-house. I went with the prosecutor to the station—the prisoner there said, if they would let him go and take the other two in charge, (meaning Marion and Jarvis), he would procure him his money—he was charged with stealing this money of Johann Herting—he is not here—this is Mr. Ballantine's writing to this deposition—(read)—" The prisoner says, 'I am guilty of the crime; I am the man that has done it; I am sorry that I have involved my fellowmen; I do not know what number of pieces there were in the handkerchief; fifty-six guilders are at 65, King William-street, where I left them for 6s.; I had seen the money in the chest; a hammer was lying on the floor; I took it, and broke the lock off; I went on deck; Marion, nor any one else, knows anything about it from beginning to end.' "
Prisoner's Defence. I came to London with two friends, who went home; but I, having no home, went on board the ship; the passengers told me some foreign coin had been lost on board the ship, and all the people had been searched, and no money found; I took my money out of my trunk, and put it into my pocket; it ivas all foreign, as I came from the same place as the prosecutor; he was then gone for a policeman; I was afraid he should think it was stolen from him, and went to the public-house where I slept, and put it up the chimney, in my handkerchief; I then went on board, and was taken by the policeman; I and my two mates were brought up for having stolen it; my fellow-prisoners said I must plead guilty; I told them why I put the money there, that I was innocent, but could not prove it; they said, if I would say I was guilty, they would get me counsel, and get me off with a slight punishment, while, if they were found guilty, they would have a heavier punishment, and they would write to my friends in Sweden and America, and tell what trouble I had brought them into; I was afraid, and I said I was guilty, but the money was my own.
Prisoner. Q. Did you not tell me that, if I did, you would not only help me, but would not write to my friends? A. No, nor that, if you did not, I would write to your friends—Jervis told you if you would tell the truth, and nothing but the truth, he would not attempt to write to your friends; but if you did not, he certainly would.
GUILTY . Aged 26.— Confined One Year.
1945. GEORGE ADAMS, JOHN ARUNDEL , and WILLIAM ROBINS , stealing 1 purse, value 1s.; I half-crown, 12 shillings, 4 sixpences, 2 pence, and 2 halfpence; the property of Jane Price, from her person; Adams and Robins having been before convicted.
JANE PRICE . I am a widow, and live at 73, Guildford-street. On 18th July at half-past seven o'clock in the evening. I was in Store-street—I had a purse in my pocket with a half-crown, twelve shillings, four sixpences, two pence, and two halfpence in it—I felt a touch on my right side, looked round, and found Adams and Arundel on my left, and Robinson on my right, close to me—I took hold of Robins—he struck me twice—I lost my hold, and he got from me—Adams said, "Go it; cut it," or "Butt it," and they all three ran—I ran after them—I am sure they are the persons—I missed my purse and money.
Cross-examined by MR. BAILANTINE. Q. Are you sure about Arundel? A. Yes, I did not lose sight of him.
Cross-examined by MR. ROBINSON. Q. Had you seen them before? A. No.
BARNARD LEE (-police-sergeant F 23). I was in Gower-street—I saw Adams and Arundel running—Adams said, "If you don't make haste I shall catch you"—Arundel said, "It is all right; it is only a lark"—I took them—there was no money found on them.
Robins' Defence. The officer asked the girl if I was the person; she said, "I cannot be on my oath; I think he had rather darker hair;" after half an hour's persuasion she gave me in charge—I am innocent.
ADAMS— GUILTY . Aged 24.
ROBINS— GUILTY .
Transported for Ten Years.
ARUNDEL— GUILTY . Aged 17.— Confined Three Months.
1946. WILLIAM WRIGHT, DAVID MUNDAY , and JAMES CHAPMAN , stealing 2 sacks and 5 bushels of oats, value 18s.; the goods of John Wilson and another, the masters of Wright, he having been before convicted.
MR. BALLANTINE conducted the Prosecution.
JOHN WILSON . I am in partnership with my sister, Elizabeth Wilson, as stage-coach proprietors, at Islington. On Friday morning, 21st July, about twenty minutes before seven o'clock, Chapman came to our yard and told me he had got two loads of clover for me—I asked where it was—he said it was not come—I said he might bring it in—about ten minutes past eight I saw his wagon in the yard, close to the hay-loft—he had been unloading—it seemed to be quite empty—I saw it again about ten minutes to nine—it then had about two barrels of manure in it from the layers about 100 yards further down—it was standing near where it had been unloaded—Munday and Chapman were with it—I heard Chapman say to Munday, "You can be going on"—I had given Rowbottom some instructions—I told Chapman to
come to my office, that I might pay him—I went after Munday, and told him I wished him to come back; that I had sold his master a horse, and his master wished him to come and try it in the wagon—he turned round at once, and exhibited no hesitation—I went back first, and he came in two or three minutes—I told him to go down to the layers—I then found that the wagon contained two sacks of oats, completely concealed by the manure—I asked Munday what it was—he said corn for his horses—I said it was very strange, they were our sacks and our corn, I could swear to it—I do not think he answered—I went to Wright, and asked him if he knew anything about the oats—he said, "No"—I said he must, as no one had a key but him and me—he had the sole controul of the hay and corn department—I went to my office, found Chapman there, and told him I had had the hay counted, and it was ten trusses short—I had found two sacks of oats in the wagon, and found things so very bad, that I should have him and Wright taken—I sent for the policeman, and gave them in charge—the sacks and oats are mine.
Cross-examined by MR. CHARNOCK. Q. Chapman used to supply you? A. Yes, for about three years—he is a carter at Wendover.
JAMES ROWBOTTOM . I am in the prosecutor's employ. About seven o'clock in the morning of 21st July, I saw Chapman's wagon draw up to the hay-loft—Chapman was in it and Munday along side of it—it had clover in it—it was quite unloaded, and after counting the clover delivered, I went to my breakfast—there was in the wagon a truss of hay and one of clover, but no corn—I returned about half-past eight, and saw the wagon being driven to the layer—Chapman and Munday were with it—I saw it again coming out of the layers, about a hundred yards from where the corn is kept—Chapman was with it, and no one else—he had the reins—I thought I saw a sack partly concealed by the manure—Chapman went about twenty yards alone—he then waited, and Munday joined him—Chapman remained some time with the wagon, and Mr. Wilson came up to him—when he was coming, Chapman told Munday to drive gently on—I afterwards saw the wagon brought back—I chucked out the dung, and found two sacks of corn.
Cross-examined, Q. Where were his horses when you saw them? A. On the side of the yard where the manure is kept, about one hundred yards from the corn place—the wagon was taken there to put manure in—there were about two barrowsfull in it—Chapman is the master, and Munday is the man—I cannot say whether it is the master's duty to load the cart with manure—the sacks were not completely covered.
Wright's Defence. I took the corn for the use of my master's horses.
MUNDAY NOT GUILTY .
WRIGHT— GUILTY .
CHAPMAN— GUILTY . 3
Tranported for Seven Years. )
MR. HUDDLESTON conducted the Prosecution.
No. 23053, from Mr. Nicholson, at a booth—I put it in my right-hand trowsers pocket—when I got in the passage, between the seats, I was hustled by several persons—there were two women there and five or six men—the note was taken from my pocket—I gave information, and on 11th Aug. I went with Mr. Harris to the prisoner, and asked him what knowledge he had of that note—he said he had it from a man and woman at the Fleur-de-Lis public-house, which is half a mile from Mr. Harris', which is in Shoreditch, that he did not know anything of the man, more than having seen him at the public-house four or five times—he knew neither his name nor address, that he was rather tall and stout, of a florid complexion, and was accompanied by a woman, who was round-faced, and smartly dressed.
Cross-examined by MR. PRENDERGAST. Q. His conduct was quite open? A. Yes—I believe he said the man was well dressed.
JOSEPH HARRIS . I am a potato salesman, in Shoreditch. I know the prisoner—I have always considered him a general dealer—on 10th Aug. he came to my shop, between nine and ten o'clock, and asked for change for a 50l. note—he said it was rather a largish sum, but he would feel much obliged if I would give him change—I went to the banker's, asked if it was a good one, and brought the change.
Cross-examined. Q. You have known him many years? A. Yes, twelve or fifteen—there was no disguise about him.
NOT GUILTY .
THOMAS NEWTON . I am a boot and shoemaker, of Red Lion-street, Spital-fields. On 6th March, 1847, the prisoner called, and said he had got a good customer, if I would allow him to take a couple of pairs of sample boots—I allowed him to take them—he never returned with them—he was only to show them, not to sell them.
GUILTY . Aged 53.— Confined Six Month .
ANN ELIZABETH RIDGE . I live at Canonbury. On the morning of 18th July I saw the prisoner go over Mr. Armstrong's garden wall, bring this box over with him, and put it under a tree—I am certain he is the person—I asked him what he had been doing over the wall.
CHARLES RANDALL (policeman, N 172). I produce a certificate of the prisoner's conviction—(read—Convicted July, 1837, and confined three months)—he is the person—he has been twice summarily convicted since, and has been eleven times in custody.
GUILTY . Aged 18.— Transported for Seven Years.
gold ear-rings and a watch, safe, in an attic, at 17, Wimpole-street, at half-past seven o'clock, on 11th July—they were gone about ten, or a few ninutes after.
ANN KENNEDY . I am wet-nurse, at 17, Wimpole-street, The prisoners arae to sweep the attic chimney—they said they could not sweep it, for there was a funnel on the top, and they wished to go out on the roof—I cpeced the window, and let them go out—they went away—their master came and swept it next morning.
NOT GUILTY .
JOSEPH JOHN GOODE . I assist in the business of Mary Goode, a pawnbroker. Mary Dillon was in our service—we lost a ring, a gown, and a brash—she left on 13th April, and I missed the ring—Catherine Dillon was not in the habit of coming to our house.
Cross-examined by MR. PAYNE. Q. Had you any person in your employ that you lost property by before? A. Yes; about three years ago—I had this ring in my hand on the 11th, in a room adjoining the shop—we have a great quantity of property there—I know this gown by the body being detached from the skirt—I cannot state the day I saw it, but this furniture-brush I know from the particular hardness of it; there is no mark on it—I sin positive it belongs to me.
Cross-examined. Q. How many times did she pawn it? A. Twice—it was redeemed in a few days, and pawned again on the 20th.
JAMES BRANNAN (police-sergeant, G 20). I went to Catherine Dillon's—I told Mary Dillon I came to take her for stealing a ring from her late master, in Goswell-street—she said she never lived there—I then said to Catherine, "And you for pawning it"—she said, "I know nothing of it"—she took a cap, and gave something to her daughter, and they began chewing some duplicates; I took some from her mouth—I found this gown in a drawer, and this brush in a cupboard.
MR. PAYNE called
MARY FEENAY . I was at Mrs. Dillon's about the middle of April—she was going to get me some work—a person named Smith came in, and said to her, "Go get me a few shillings on this ring?"—Mrs. Dillon said, "You are at it again; you are on the spree"—she said, "No, I am not"—she polled a ring off her finger, but I could not swear to it—I was near the window, and this was near the fire.
(The prisoners received good characters.)
MARY DILLON— GUILTY . Aged 21.—Recommended to mercy by the Prosecutor.— Confined Three Months.
CATHERINE DILLON— GUILTY . Aged 52.— Confined Six Months.
MR. CLAKKSON conducted the Prosecution.
EDWARD DICKENSON FEATON . I am one of the partners of Messrs. Cook, Son, and Company, St. Paul's Churchyard, Manchester warehousemen. The prisoner was in our service as salesman and manager of the outfitting department, a business we knew little about ourselves—he had no authority to take money for goods, or to take poods on his own account, or to delivery to Baker—if any ready money transaction took place, or credit not to shippers, it was his duty to enter the goods in the journal of the day—I have here the waste-book and the journal—in the journal there is no entry of these goods—there is an entry in the waste-book to H. Baker—I am not acquaint with the prisoner's writing, but it is very likely it is not his—he might order the clerk to enter it—here is, "Henry Baker, one and three-quarter of super wool, dyed, two and a half kerseymere"—this book is intended expressly for the convenience of shipping—if I wanted an order that was not shipping I should not expect to find it here—across this there is another mark, "Ent, " meaning it has been entered in the journal—this "Ent., " in red ink, in my opinion, is the prisoner's writing; but I am not sufficiently aware of it to speak to it—we are unable to turn to the journal of this date, for this is not dated—the item before it is Jan. 24, 1847, and the entry after it is Jan. 16—these two entries are posted in the journal—there is no entry in the journal of Baker's goods—we have never been paid for them—if I had known he had had any transaction with Baker, or let him have these on his own account, I would not have permitted it.
Cross-examined by MR. BALLANTINE. Q. The book you have here is the shipping-book? A. Yes; the shipping waste-book—it is marked outside, "Outfit Journal"—it was intended for that, but not having a shipping journal this book was taken for it—this means outfitshipping—I find no entries here but for outfitshipping, but some that I have a strong suspicion were put there for the same purpose that this was—some we can prove were—this is the particular entry I speak of—I think it is not the prisoner's writing—it would be entered by his orders—I think M'Ginniss might be the clerk at that time—I have not inquired who made the entry; I did not think it was necessary when it was acknowledged—the prisoner might have ordered any boy in the room to do it, there were perhaps six or eight in the room—the firm had access to this book, they scarcely ever looked at it—it was a waste-book expressly for shipping—if a merchant buys goods from the 1st to the 50th of the month, and wishes to have them all in one entry, that the invoice may go to his correspondent, he would have them so—half-a-dozen different sales would find their way into one entry, if he orders it—they are put in in items, for the purpose of a general invoice—here is the name of Mrs. Nixon; she is a merchant—I learned the purpose of this book from Mr. Foy, as soon as we began to look into the books—I looked through it, and found no entry, except to merchants, except those we have strong reasons to believe are wrong—I did not see this item before I gave the prisoner in charge—I saw it the day afterwards—we sent an invoice to Mr. Baker, charging him with these goods, and expected to have his bill and receipt up—he was not a customer of the firm, but a friend of the prisoners—this book was never in the counting-house that I know of—its place was up stairs—it was brought down to Mr. Foy's office, and was there posted up—he had an opportunity of looking at it every day—I do not know whether there was any particular time for entering in the journal—when a merchant
gives an order for his invoice that would be posted up—I should think it might be three months before it was entered in the journal.
JURY. Q Was it the ordinary course to post it every month? A. It would be with our ordinary waste-book, but this book might not be.
MR. BALLANTINE. Q. You know where to find Baker? A. We never knew him, or of this entry, till the morning after the prisoner was takea—he is a servant to Lowe, of Kingston.
MR. CLARKSON. Q. What was the object of your sending to Baker? A. We thought he would send up the bill and receipt—the money for these goods has never been paid to any one in our house—it could not—it has neverbeen entered.
ROBERT BARNES TWELVETREE . This item in this book to Mr. Baker, without a date, is my writing—I made it by the prisoner's direction; I cannot tell when—the "Ent.," written across it, is the prisoner's writing—it means that it has been entered in the journal, in the counting-house—that journal has been examined, and there is no such entry.
Cross-examined. Q. Have you looked at the journal? A. Yes—I do not know how I came to omit the date—it was an oversight—the prisoner was over me—he did not order me not to put the date—the prices are put correctly, as he told me—all the entries on these two pages are mine—here are some of the prisoner's entries in this book—he might make entries as well as me, but I being the clerk, ought to do it.
Q. Do you know anything of this lumping system, putting half-a-dozen things together, and then including them at the end of the month? A. That has not been the case in this journal—they have been entered as they are here—I have done such a thing in another journal—the prisoner has not desired me to enter my own items—goods have been entered in fictitious names—it was the habit of that department, and I think it was the habit of the house—when a customer came in it was my custom to enter what goods he bought—the goods were given in to me by the prisoner, or any warehouseman—young men in the bouse have bought goods, and probably not wishing their names to appear in the book they have appeared in other names—three or four persons had goods, which have been lumped together, and—all entered in one name, and the amount has been paid in one name.
MR. CLARKSON. Q. Have the entries in the book, in fictitious names, been of goods supplied to the young men? A. Yes; that has been confined to transactions when they have been paid for regularly—I do not think Mr. Cook or any person in the house knew of it—it was the request of the young men to the prisoner, and he gave me the names of the persons to whom they were to be entered—if the money were paid to the cashier when the goods were supplied, the house knew nothing of the matter, so long as the money was paid—this "Ent." denotes that the person who entered it has made the entry in the journal.
JURY. Q. Supposing two or three ready-money customers came in, might he put down the entry to Jackson, or any other name? A. It has been done—they might come in, and he would say "What name? "—they would say, "Never mind about the name," giving a fictitious name, or none.
Cross-examined. Q. On your oath, do you know anything of any entries in a fictitious name? A. When I was a young man in the house, the firm would not let us have goods, and we would enter them in fictitious names; but the last ten years I know of no transaction of the kind—I do not suppose the young men of the present age arc purer than those of the past.
HENRY BAKER . I am in the employ of Mr. Lowe, a draper, at Kingston, in Surrey. I have made clothes for the prisoner—I have received cloth from him—I received one yard and three-quarters of dyed wool-cloth, and two yards and a half of kerseymere for myself—the prisoner was in my debt, and sent me them in place of money, I suppose—I asked him to send me down a quantity of cloth to pay for the clothes I made for him—he said nothing to me about how he should enter them—it was in 1846; I cannot remember the time exactly.
Cross-examined. Q. Have you had an invoice? A. Yes; this is it (produced)—I received a letter with it.
CHARLES SEXEY . I am cashier, in the house of Cook and Co. I never received from the prisoner any money for any goods or cloth supplied to Mr. Baker, of Kingston—I have searched the cash-book—there is no entry of any such sum.
Cross-examined. Q. Is the prisoner in he habit of paying you money? A. Very seldom—he has paid me money, I have no doubt; certainly not once a-week; he may once a month, from 5s. to 5.—I have no recollection of his paying me 20/.—I will not swear he has not—I cannot say whether he has paid money to Mr. Parkinson—I have received money from Mr. Parkinson; I do not know who paid it him—if Mr. Parkinson or any other person pays me money, he specifies the name of the person who pays it him—I know he has not paid me this by reference to the cash-book—I am positive if it had been paid it would have been entered—Pearce, Staff, Thompson, and others, have received money and paid it to me—I have money paid to me perhaps fifty times a day—I cannot answer to what amount.
MR. CLARKSON. Q. If the prisoner ever paid money to you, would it be your duty to enter it in the cash-book? A. Yes—I have been through the cash-book, and do not find this sum—"Ent." would have led to the conclusion that it had been entered in the journal, and it would be taken for granted that if it had been entered in the journal the money had been taken to the cashier.
NOT GUILTY .
MR. CLARKSON withdrew from the Prosecution.)
NOT GUILTY .
Prisoner's Defence. A woman asked me to sell them.
GUILTY . Aged 17.— Confined One Fear .
Cross-examined by MR. CLARKSON. Q. You lived with him as his wife
from then? A. Yes—I have had three children by him—he has treated me with the most perfect kindness—he is a shop-keeper, and a steady well-conducted person—I have no fault to find.
Cross-examined. Q. Did you know her before she married? A. Yes—she was not on the town; she had had two illegitimate children—the marriage was effected through the interference of the parish-officers—the prisoner was apprehended as the father of her child, and was sentenced to pay a certain sum, or go to prison until he paid the money or married the woman—he went to prison, and remained there some months—the parish-officers did not lead him from the gaol door to the Church—he was not allowed to be at liberty till he was married—I do not know whether Mills was missing for some time—she was troublesome to the parish after the prisoner left her—he was not taken again; we could not find him—he was taken by the adjoining parish—Mills was perhaps fourteen or fifteen years older than him.
NOT GUILTY .
GUILTY . Aged 32.—Recommended to mercy.— Confined Four Months.
GUILTY . Aged 20.— Confined Six Months.
THOMAS KENT . I keep the Spotted Dog, in the Strand. I met the prisoner on 25th July—I went to a house with her, went to bed, and awoke in an hour or two—my money and the prisoner were gone—I had eight sovereigns and a half in my pocket when I went to bed—I told an officer, went to the prisoner's lodging, and found eight sovereigns.
Cross-examined by MR. HORRY. Q. You were the worse for liquor? A. Yes; I treated her liberally, and she might be in the same condition—I night show my money, I cannot say—she did not take it and say I was so drunk she would take care of it for me—I have known her six or seven years.
THOMAS LILLEY (police-sergeant, F 33). I went to Newcastle-court, about quarter-past six o'clock in the morning, and found the prisoner—I found the money under the bed, amongst some curtains, and other things—she said it was not hers.
ALFRED CLINTON . I live at Star-court, and keep a cab. I was on the cab-stand, near Kent's house, that morning—I saw the prisoner—she asked if I had seen Tom Kent—I said no—she said, "I have been drinking with, him; if you do see him, tell him I have got his money; it is all right; I have been down to his old woman, and can't get in."
NOT GUILTY .
ingot of copper slung round his shoulder, next his skin—he said he had picked it up—there was such in a ship in the Docks.
GUILTY . Aged 35.— Confined Six Months.
EDWARD LEE . I am a market-gardener, at Hammersmith. I saw the prisoner on 26th May with a water-pot on his shoulder, and a jacket over it—he was in my son's service—when he saw me he did not come out of the ground to go to breakfast as the other men did—I went to him—he slipped the jacket off his shoulder on to the water-pot—I looked into it and saw these plants.
GUILTY . Aged 19.— Confined One Month .
PETER REITZ (through an interpreter). I am a tailor, of Great Russell-street. On 1st Aug. I went to a house with the prisoner—she asked what time it was—I took out my watch and shewed it her—in about two minutes she took it and went away—there was no one there but her—I am sure she is the woman.
SARAH FREEMAN . I saw the prisoner offer her something—she would not take it, but told her to go and give it to the man—the prisoner offered me something yellow—I told her I would not take it—I did not know how she got it, nor what it was.
GUILTY . † Aged 25.— Transported for Seven Years.
GEORGE TREW (City-policeman, 26). I found a great many buckles and other articles at the prisoner's lodgings—the prisoner said the next day he was very sorry he had robbed his master, another man advised him to do so.
GUILTY . Aged 18.— Confined Six Months.
HENRY WOOD (police-sergeant, K 23). On 14th July the prisoner was given in my charge for stealing two sovereigns from John Wood, who was in the room—she said she was down the court with him, but did not rob him—while he was giving his account, she struck him in the eve, and called him a
black b—r—she said she had his money, and he should not have it—I heard him state that his name was John Wood—he is gone to sea.
Prisoner. I said nothing of the kind.
WILLIAM HAMS (police-sergeant, K 21). I was present when the charge was nude—the prisoner jumped up and struck the prosecutor—he said, "I would not have gone down such a place with you, I know you are a thief—I rent to * and you came and robbed me"—the prisoner said, "You black b—r I had your money, take that." and struck him—she said, "Old fellow if you stop to prosecute me you will lose your ship."
GUILTY . Aged 29.— Transported for Ten Years.
GEORGE LAND TOWNSEND . I am a mathematical instrument maker. On 14th Aug. I went into the Rose and Crown public-house, in St. Giles'—Murray rushed upon me, puffed a mouthful of smoke in my face, and took ay watch from my pocket—he walked backwards to the bar, and offered it to two women, who refused to take it—Keef rushed in between them and took it—this is it.
FRANCIS STAIN . I am barman at the public-house—Keef came in about six o'clock—Murray had been there about a quarter of an hour—I went up to a female, and Murray went up to him, put his hand under his chin, and took the watch, from his pocket—he came towards' the bar and Keef took it—it was found at her feet.
Keef. If this man gave me a watch I do not recollect it; I was very tipsy.
†MURRAY— GUILTY .— Transported for Ten Years.
KEEF— GUILTY .— Confined Three Months.
THIRD COURT.—Monday, August 28th, 1848.
PRESENT—Mr. Ald. FARNCOMB; Mr. Ald. FINNIS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Third Jury.
JOHN BENNETT . I live at Chelsea. On 15th Aug. I was going to West-ninster, in my van, about four o'clock—I went to my horse's head—some one called to me, and I missed my great coat from the cradle of the van; it was safe three or four minutes before—I ran after the prisoner—he got away.
GEORGE HENRY EDWARDS . I am a carpenter. Between two and three o'clock that day I saw the prisoner take the coat, put it under his arm, walk past the van, look round, and run away—I had seen him about before, and am sure he is the man.
Cross-examined by MR. PAYNE. Q. He had a coat on, not a jacket? A. Yes.
JOHN STREDON . I am a coal-dealer, of Little Chapel-street, Westminster I was standing at my shop between two and three o'clock, and saw the prisoner take a coat from the front of the van, and run down Buckingham-row—I told Bennett.
MR. PAYNE called
ANN THOMAS . I live at Alfred-cottage, and know the prisoner. On 15th loth Aug. the prisoner was opposite my window from five minutes to two till five o'clock—he could not have stolen the coat—it is ten minutes' walk from Little Chapel-street—he wore a cord jacket.
COURT. Q. What was he doing? A. Standing—with two young men and at five minutes past four 1 went out to see a quarrel about the prisoner striking a woman who came out of the public-house—I knew him by sight—I was at work at my window.
WEBSTER COOTER . I was with the prisoner on the day he was taken, from a quarter to two till just five o'clock—he could not have stolen a coat in Chapel-street—he was not out of my sight—he wore a cord jacket, not a coat.
COURT. Q. What are you? A. A turner—we are neighbours—we were playing at marbles the whole time, in Windsor-place—we never left.
GEORGE LANGRIDGE . I live opposite Mrs. Thomas. On the day the prisoner was taken, he was before my window from half-past three till half-past four o'clock, playing at marbles—I spoke to him—he wore a cord jacket.
JOHN SIMPSON . I live at Windsor-place, Westminster. On the day the prisoner was taken, he was not out of my sight from half-past three till half-past four o'clock—he wore this cord jacket (produced).
GUILTY . Aged 19.— Confined Twelve Months.
JAMES BRANNAN (police-sergeant, G 20). On 8th Aug., about half-past twelve o'clock in the day, I uas with Harvey in Myddleton-square, and met the prisoner and two others—Isaid I was a policeman, and asked what he had in his pocket—he said, "Nothing particular," pulling out some silver from bis coat pocket, and twisted it behind in the skirt—I took it from him—it was these three silver ladles and three teaspoons—he said, "Why did not you follow one of the others, he has the greater part of the sivag; this is a good case for you, old fellow; this will be a lagging job, should not you like to know who the others are?"—I said, "I am not particular, I have no desire to extract a confession from you"—lie said, "Then you shan't know"—I took him to the station—he said he did not want to be locked up all next day, I could go to 18, Duncan-terrace, and I should hear all about it—I went there, and found the plate was stolen from there—I saw Harvey take the rest of the plate from the prisoner's boots.
Cross-examined by MR. PRENDERGAST. Q.. Were the other men with him.
A One was a—head, and the other in close conversation with him—I knew one of them by sight before.
MARY ANN STEARN . I am in the service of Mr. Sinanides, of 18, Duncan-terrace. On 8th Aug., a little after twelve o'clock, I saw the street-door; jar—I had seen it shut ten minutes or a quarter of an hour before—I went into the parlour and missed the plate, which was worth 29l.—this (produced) is part of it—it is my master's—I saw it safe in the basket under the side-board about one hour before—there was no one but me in the house.
Cross-examined. Q. Is not your name Sinani? A. I was christened so—it was my father's name—I have been called Sinanides perhaps twenty years—it means the "son of Sinani."
(The prisoner received a good character.)
GUILTY . Aged 36.—Recommended to mercy— Transported for Seven Years.
JOHN WORRALL . I live at Nichol-square, Hackney-road. On 24th Aug., between twelve and one o'clock at night, I met a woman in the City-road, and went with her to a brothel—I then went with two young females to a public-house—we had a dispute about a half-sovereign—Field was there—I left the house alone—the females and Field followed me—Field said, "You are going to be very much abused, allow me to see you home"—I said, "I will thank you to be my friend," and requested him to take my arm he took one arm and Williams the other—we walked for about fifteen minutes—they took me up various courts, to a very dark corner—Field put his right hand into my pocket and pulled out the pocket with eight sovereigns and two half-sovereigns in it, saying, "Let us see what the b—r has got"—I seized him, and called out "Murder!"—other men came up—I heard the money shake as the pocket was taken out—I laid hold of Field, the other people laid hold of me, and we all went down together—he got away—a constable came up—I followed Field, took him, and brought him back.
Cross-examined by MR. PAYNE. Q. How old was the girl you went with? A. About sixteen—I described myself before the Magistrate as Charles Markham, gentleman, voluntarily—that was not true—I did not give the girl a bad half-sovereign—that was the subject of the dispute.
WILLIAM BISHOP (policeman, G 228). About four o'clock on this morning, I saw a female and four men go down Blue Anchor-alley—shortly after I heard a cry, "Don't murder me quite"—I saw three males and a female on top of Worrall—the prisoners were two of them—I pulled two away, not bowing what was the matter—they both ran away—Williams left him—she was never five yards out of my sight—I took ber—she tried to put something under her clothes—I caught hold of her hands—she doubled them, sat down, and said I should not have it unless I got a female to search her—I pulled her five or six yards, and she dropped this pocket containing nine sovereigns and two half-sovereigns—Worrall's trowsers were torn—he was struggling with Field, who I secured.
JOHNWOOD (policeman, N 277). I produce a certificate of Williams'
conviction—(read—Convicted Nov. 1843, confined six months)—I was present—she is the person.
FIELD—† GUILTY .
WILLIAMS— GUILTY .
Transported for Seven Years .
MR. CLARKSON conducted the Prosecution.
EDMUND GORNUALL . I am clerk to Cluplin and Home, carriers, at the Catnden-town station. On 5th July I received this invoice. No. 1995 from Manchester—here is an entry in it of a truss for Henry Drevan—on the arrival of the luggage-train from Manchester that day, the parcels were called over—I have no particular recollection of seeing the truss, but I swear to checking it—it was "Henry Drevan, London," and I filled in "Brick-lane Spitalfields."
SAMUEL CARTWRIGIIT . I am in the employ of Thomas Care and Co., silk-manufacturers, Manchester. On 4th July I packed a truss with 30lbs., and 140zs. of silk, and consigned it to Mr. Drevan, silk-dyer, Fleur-de-lis-street, Spitalfields, and sent it by Chaplin and Home—it is worth between 30l. and 40l.
THOMAS BEARDMORE . I am in the employ of Messrs. Chaplin and Horne, at Manchester. On 4th July I received a truss, directed, "Mr. Drevan, London"—I entered it in this book (produced), and delivered it to Thomas Bacon—he signed the book.
THOMAS BACON . On 4th July I was in the service of the North-western Railway Company, at Manchester, and received a truss of goods from Beard-more—I checked this book—here are my initials, "T. B."—I gave orders to Joseph Tborley, the shipper, for it to be shipped for London.
FREDERICK PETERS . I am a clerk in the Goods Department, and live at George-street, Camden-town. On 6th July I received a parcel from Manchester, for Mr. Drevan, and placed it in the tail of one of Chaplin and Home's carts, assisted by Hilder.
EDWARD HILDER . On 6th July I was in the employ of Chaplin and Home. Mr. Peters assisted me to load a truss, directed "Mr. Drevan, Fleur-de-lis-street, Brick-lane, Spitalfields" it was put on the back of the cart, with other goods—I sat on the middle of the cart—there was a truck in the way in Fleur-de-lis-street—I got down to endeavour to remove it—as I was getting down, Mrs. Newman called to me—I went to the hind part of the cart, and missed the truss—I have never seen it since.
MARTHA NEWMAN . I am wife of Thomas Newman, of 49, Fleur-de-lis-street, Spitalfields. On 6th July, about half-past eleven, I was at my door, and saw a cart with luggage in it—there was an obstruction while Hilder was getting down; the prisoner and another man lifted a parcel from the back of the cart, and went down the street with it, into Fashion-street, the other carried it—I gave an alarm.
Prisoner. Q. You have been convicted? A. I was tried, and acquitted, four years ago.
MARGARET GARDINER . I am the wife of John Gardiner, of 7, Fleur-de-lis-street. Between eleven and twelve o'clock on this day I was at my window, and saw the stoppage—I did not notice the cart—I saw the prisoner and
another man twelve or thirteen yards off—the other man carried a parcel—they went into Fashion-court, and into Fashion-street—I knew the prisoner.
GEORGE KING (policeman, H 27). Mrs. Newman told me something—I had seen the prisoner lyinu down at the corner of the street through which the cart had to pass five minutes before—I knew him when they described him, and took him on the 1 Uh Aug., in Billingsgate—I told him the charge—he said he knew nothing about it—I could not trace the property—after the depositions were taken, he said, "How could Mrs. Newman see me take it from the tail of the cart when she was in the front? I know better than that, how it was taken."
Prisoner's Defence. I did not say what the policeman says—I was lying where he states, but. was not near the cart.
GUILTY . † Confined Twelve Months.
WILLIAM LARKIN . I am in the service of James William Courtenay, of Lower Eaton-street. On 18th Aug., about half-past six o'clock, I was showing some handkerchiefs to a person in the shop—the prisoner came and redeemed a pledge—it was given her—she left—I missed a white handkerchief—I followed her to another pawnbroker's, and gave information—the shopman gave me the handkerchief (produced)—it is not the one I missed—I then came out, and watched outside—I afterwards went in, and asked the prisoner how she came by the handkerchief—she said, "I brought it from home; it is mine"—I took her back, and afterwards went with her to her house—she said, "You may search"—I did so, and found this white handkerchief in her basket—it is Mr. Courtenay's, and was safe two minutes before she came in—I know it by the private mark.
Cross-examined. Q. Did not she invite you to search her basket? A. Yes—I should not have done it if she had not pointed it out—there is no mark on the other one, it has been taken off; but here is the pin-hole where it was pinned on—I did not miss it—it was a white silk one that I missed—we had only one handkerchief of this pattern—my master is not here—she dealt with him, and me as well.
NOT GUILTY .
JAMES M'FARLANE . On 18th Aug., between nine and ten o'clock at night I met the prisoner and another female near the railway station, St. Pancras—we went to about three public-houses—I afterwards went with them to a private house—the prisoner asked me the time—I took out my watch and told her, looking her in the lace at the time—I heard the clasp of a pair of scissors and found my guard was cut, the other female was sitting on the hed, but the prisoner was close to me—she snatched the watch, and handed it to the girl behind her, who went out of the room, with her hands behind her—here is part of the guard, which remained round my neck—it is silk—I said I would give her 1l. or 2 rather than lose my watch—I went outside the door, but the girl was gone—I could not find a policeman for an hour—I gave the prisoner in charge next evening—I have not seen my watch since.
(There was another indictment against the prisoner.)
GUILTY . Aged 28.— Transported for Seven Years.
FRANCES CAVAN . I am in the service of a lady who lives in Eaton-street, in the dwelling-house of Mr. Hutt, in the parish of St. George, Hanover-square. On 14th Aug., between two and three o'clock, I went out, leaving the street-door shut—I came back, and found it about a quarter of a yard open—I put my hand against it—it was pushed against me—I pushed again—it was opened, and I saw the prisoners on the mat in the passage—I had never seen them before—Leach said, "It is all right, you may come in"—I asked what he meant, and what business he had there—I took hold of them both, and called out, "Thieves!" and for Mr. Hutt—they tried to get away, and pulled me into the street—Graham struck me a severe blow, and they got away, and went towards Hyde-park-corner—they parted at the top of the street—I followed Graham—a gentleman took him—I gave him in charge—I never lost sight of him—I went back to the house—the door opens with a latch-key—I missed all the plate from the table, which was laid ready for dinner—I had left six people in the house—they were all there when I came back—there was no one in the parlour when I left.
Cross-examined by MR. MELTIER. Q. When was Leach taken? A. At ten that night—the policeman did not point him out to me—I saw him being examined by the inspector, and was asked if he was the boy—I was sure of him when I saw his full face—when I held the prisoners I was as cool as I am now—there is a fan-light over the door—I have not a doubt of them—I saw a boy outside here on Saturday who 1 said was the boy who accompanied Graham—I did not mean Leach—there were three boys—I should not have noticed the third, as he was on the other side of the street, if he had not ran when Leach ran.
WILLIAM MILEKKMAN (policeman, B 95). I received information, and took Leach about ten o'clock at night, in the Broadway, Westminster—he said he did not know where Eaton-street was, but I had seen him there—Cavan identified him directly he saw him—there was 15s. found on him, and a new suit of clothes, except his coat.
Graham's Defence. I was coming from the Serpentine, and was 100 yards off the lady when she came up and save me in charge.
conviction—(read, "Convicted June, 1847, confined three months")—I was present—he is the boy.
GRAHAM— GUILTY of stealing only. Aged 16. Transported for Seven Years. LEACH— GUILTY of stealing only. Aged 17. Recommended to mercy— Confined Twelve Months.
JOHN PENNY . I am a foreman at the West India Docks, and live at Assembly-row, Mile-end. On 30th July I met the prisoner—she asked me the way to Euston-square—I went with her to a coffee-shop in Whitechapel-road, and slept with her, and made an appointment to meet her the next night—I did so—she took me to Mr. King's coffee-shop, Seymour-street, Euston-square—we slept there that and the following night—on Monday morning, 3rd July, I awoke at six o'clock, and found her nearly dressed—she had told me over night she wanted to get up early to go over the way to a friend, previous to her going to Birmingham, and told me to wind my watch up, and not to put it on the bed, but put it on the drawers—I did so—she went out, and stopped out about half an hour, came back to wash herself, and then said she should step out again for ten minutes—I was in bed; and as she opened the door she took my watch with her left hand—I jumped up, and ran down stairs in my shirt, and told the female to stop her, as she had taken my watch—the female went out—I dressed myself, and went to the police-station—Mr. King came up with the bill—I went to my waistcoat, where there had been a half-sovereign and 5s., and found nothing but 4d. and 6d.—the prisoner never returned—my watch was worth 6l. 6s.—I have never seen it since.
FRANCES GREENING . I am waitress at Mr. Edward King's, Seymour-street—he keeps the house—it is in St. Pancras parish. On 1st July the prisoner and Penny came—on the 3rd, about half-past seven o'clock in the morning, just after the prisoner left, Penny came down stairs and said, "Stop that woman, she has stolen my watch"—I went out, but could see nothing of her—an officer brought her back—she asked me if I did not know her—I said I had some recollection of her—she asked if I did not remember her sleeping with a dark man—I said, "Yes"—she said, "Do you Temember his saying anything about losing a watch?"—I had said nothing about a watch.
Prisoner. Q. Did not I tell you I was taken up for a watch? A. Yes.
GEORGE GLASSOP . I am one of the detective police of Birmingham. I read something in the "Hue and Cry," and found the prisoner, on 7th Aug., in a coffee-shop at Birmingham—I read to her a letter from Mr. Penny, and told her she was charged with stealing a watch—she said she knew nothing about the watch, and did not know any Mr. Penny—she asked in the train who was coming against her—I put the "Hue and Cry" in her hand—she read the paragraph, and said, "Oh this is the person is it; this Mr. Penny I do not fear him; I thought it was some one else; he is a nasty shabby fellow, a draper's assistant, who robbed his master, and offered me a silk dress; and because I would not accept it, he has trumped up this charge"—she said she had taken half a sovereign from his pocket, and paid 7s., part of the bill at the coffee-shop; that she had slept with him two or three nights, and he wished to marry her.
Prisoner's Defence. He had no watch; he told me he was a linen-draper's assistant, and wanted me to accept of a dress, and said if I would stop with
him three days he would make me a handsome remuneration, and would never part with me; if I did not he would be revenged on me; I was going off by the train, took the half-sovereign, paid 7s. of the bill, and only kept 3s.; he saw me take it; I said I should pay the landlady a portion.
GUILTY . * Aged 38.—Recommended to mercy— Confined Eight Month .
JOHN MIRPHY . I live at 8, Peter's-lane—the prisoner is my son—his bed-room is the second-floor back-room. On 23rd Aug., about twenty minutes to six o'clock, I heard a noise on the stairs—I called the police—they came up—I met my son on the second-floor landing—" Halloo, father!" said he—" Halloo!" said I, "what's amiss?"—"Nothing," said he—the police followed me up—I saw Hedges, and said, "What are you doing?"—he said "Nothing"—I saw some lead resting partly on the bannisters and partly on the ground—it had come from the roof—I gave the prisoners in charge.
WILLIAM HENRY WHICHER . (policeman G 25). I was called, went on the stairs, and saw Murphy coming from the third-floor, Hedges two or three stairs from the top, and the lead lying on the staircase—Murphy's hands were black, as if he had been handling lead—I found some lead cut from the roof—I took up the lead I found on the stairs and compared it, it corresponded.
THOMAS SOLOMON (policeman G 54). I produce the lead—it weighs 1301bs.—I saw the prisoners on the stairs—the trap-door from the staircase to the roof was partly open—the lead corresponded with the roof—both prisoners' hands appeared as if they had been handling lead.
Hedges' Defence. Murphy asked me to go home and sleep with him; we got up at half-past five o'clock, and met his father on the stairs with two policemen; we had not touched the lead.
GEORGE ALLEN (policeman G 46). I produce a certificate of Murphy's conviction—(read—Convicted March, 1846, and confined six months)—he is the person—there was a former conviction produced against him then.
MURPHY— GUILTY . *— Transported for Seven Years.
HEDGES— GUILYTY †— Confined Twelve Months.
JANE RYAN . I am the wife of John Ryan; he keeps a coffee-shop in the New-road—the prisoner lodged there one night six or seven weeks ago—he went out with my husband to the docks about eight o'clock next morning—after he went I missed a handkerchief, which I had seen safe two hours before—he was brought back in custody, took off his scarf, and offered it to me instead—it was the handkerchief I had missed, and had "J. Ryan" on it—he said he had walked away with it, and lost it.
JOHN RYAN . I keep this coffee-house. I went into a public-house with the prisoner—he went to wipe his face, and I saw my initials on his handkerchief—he said, "It is all right, I borrowed it of your wife, I will deliver it when I go back "—he said be wanted to go to the back-place, and I never saw him again till he was in charge.
GUILTY . Aged 23.— Confined Six Months.
HENRY FREDERICK KOHLER . I am an Italian warehouseman, in Lower Grosvenor-street, Pimlico. I employed Mr. Towell, of Stafford-street, to paint my house—about a fortnight ago a boy named Hatchard brought this note to me—(read—" Sir, will you do me the favour of the loan of 7s. for half an hour. Edward Towell, Stafford-street")—I gave him 7s., believing the note to be true.
WILLIAM WHITE HATCHARD . I lived with my father and mother, in Ebury-street, Pimlico. Last Thursday week I was by the Gun Tavern, and aw the prisoner—he asked me to go to Mr. Kohler's with a note for 7s.—I did not know him before—he said he would give me 1s.—I went, got the 7s. while the prisoner waited, and gave it him.
JOHN GURTON . I keep the Red Horse, Old Bond-street. On 1st July this note was brought to me—(read—" 5, Stafford-street. Sir, will you have the kindness to send me 10s. for about an hour. Yours truly, Edward Towell")—I knew Mr. Towell—I gave the money—the boy is not here.
EDWARD TOWELL . I am a painter and glazier, of Stafford-street. The prisoner lived at my house for eleven weeks—he left eight or nine months ago—he was never in my service—he knew some of my customers—these notes re not my writing—I never authorised him "to take them to anybody—I lever got the money—I have seen him write—I am sure they are his writing.
GUILTY on 2nd Count. Aged 28.—Recommended to mercy.— Confined Three Months.
NOT GUILTY .
OLD COURT.—Tuesday, Jun. 29th, 1848.
PRESENT—Mr. Ald. JOHNSON; Mr. RECORDER; Mr. Ald. FARNCOMB; and Mr. Ald. FINNIS.
Before Mr. Recorder and the Second Jury.
MR. PARNELL conducted the Prosecution.
EDWARD PRESTON . I am a plane-maker, and live at 5, Wood-street, Westminster. On Tuesday morning, 18th July, between two and three o'clock, I was going up Dean-street, Westminster, and met the prisoners Jones and Flynn—they stopped me, and wished me to go home with them—I would not at first, but after some talk I consented, and went to 20, St. Ann-street, to the front-room second-floor—both the women went into the room with me—I gave Flynn 4 1/2 d., and she went out to get some gin—Jones remained—she asked me to give her 1s.—I gave it her; and while we were on the bed together I felt her draw my watch out of my pocket—there was a hair guard round my neck, which snapped in two—I snatched at her hand to
get the watch—she said somebody was coming up stairs, and sprang off—I threw her down, mid was trying to get the watch away from her, when Mulloy and Flynn came in—they knocked me down—I got up directly and rushed towards the door, to stop them from escaping, but Mulloy stopped me from going out, and the women escaped—Mulloy said, "What is the matter?"—I said, "You well know what is the matter; she has got my watch"—he said, "I don't want to stop you, cut down stairs after them"—I said, "You know they arc gone, and as they are gone I will stop you"—I called out, "Murder!" and "Police!"—Mulloy dragged me towards the stairs—ue went down the stairs, I still having hold of him—we fell against the front-room door, on the first-floor, and burst it open—there was a light in that room—I kept calling out "Police!" and "Murder."—Doyle and Hay-cock came into that room and knocked me down on the top of a bed—they were not in the room when we burst into it—I got up again, and all the three male prisoners were making their escape; and Doyle being the last on the top of the stairs I ran down and took him by the collar of his coat as he was going down—I scrambled down the stairs with him to the street-door—I then lost my hold, but got up again and ran—he went down St. Ann-street to St. John's-buildings—they got awav, but I kept them in siaht—I saw Nowlan. the policeman, after 1 got up the court where they were—one of them lost a hat, which I saw the constable pick up—I was told it was Doyle's hat—I did not see anybody wear it—Doyle had no hat when he came into the room where I was.
Cross-examined by MR. PRENDERGAST. Q. How long was it after you lost your watch that you were dragged down stairs? A. About five minutes—I had not been in the house above three minutes when I lost my watch—when I laid hold of Mulloy he pulled to get away, and dragged me down stairs with him—the light in the first-floor room was not put out—I had'not been in the room two minutes before the men came—I had been calling out from the time I took hold of Mulloy, and making a great noise—I was not drunk—I had not had anything to drink—I had come from Tower-hill, and was going down Tothill-street, to see if I could get a lodging at a public-house in Dartmouth-street—I had been to the London Docks, and met a friend, to see if I could get a ship—I intended to go as carpenter's mate on board a vessel—I wen: into a public-house about nine—I met my friend close by Tower-hill—I do not know his name—he was a school-mate of mine, at a national school in Westminster—I had not seen him for years, and forget his name—I quitted his company about a quarter-past nine, and I stopped in a public-house seeing some gentlemen play at skittles—I remained there till about twelve, and then went towards Westminster—I was walking about Westminster from twelve to two—I was in no company after I quitted Tower-hill till I met the female prisoners—I did not like to go home, because of waking my parents up—they live at 25, Wood-street, Westminster—I went right by their house—I did not notice any young women at the public-house—I am not in the habit of keeping company with women—I went home with these women because I was tired, and through their persuasions—I was rather in love with Jones—I was not so drunk but I could take care of myself—I knew what I was about—I had been walking two hours—I might have been in the public-bouse three hours—I went to no other public-house—I did not see any other persons in the house when I went up stairs; I did see another female in the room on the first-floor when the door was knocked open—Doyle and Haycock appeared to come up the stairs from the street—I did not see or hear anything of them before they were on the stairs—my watch was gone then—I
swear Doyle was one of the men—there was a great deal of confusion, but I had him in my hand a long while under the lamp.
Cross-examined by MR. O'BRIEN. Q. You were very tired when you met the women? A.. Yes, rather—I should not have gone home with them if they had not stopped me—I was anxious to get a place to rest—that was one reason why I went home with them—that also accounts for my going on the bed so soon—I had been in the room about three minutes when Jones took my watch—I had never seen them before—I did not see Jones again till Friday at the station—Flynn was with her then—when I went into the house I bad 2s. 4 1/2 d. in my pocket—I gave 4 1/2 d. for gin, and 1s. to Jones—the other shilling remained in my pocket—I had been walking about the streets at Westminster about an hour—I did not speak to any other females, some night have spoken to me, but I did not take any notice—no other female spoke to me during the hour I was walking about—this is the guard that was round my neck—Jones broke it when she took the watch from me—I am quite sure Flynn is the other woman.
WILLIAM NOWLAN (policeman, B 56). On Tuesday morning, 18th July, I heard a cry of "Police!" in St. Ann-street—I went towards the place, and saw Doyle in the act of running through St. John's-buildings into St. Ann's-lane, Old Pye-street, from the direction of St. Ann's-court—I ran after him, and lost sight of him—I had known him for three or four years—I saw the prosecutor, and went with him to 20, St. Ann's-court, and found Doyle's hat, about a yard and a half from the door—I know it to be his hat; there is crape on it—I afterwards showed it to Doyle—he said it was his; that on the morning before this occurrence he had given it to Polly Sale's old man—the prisoner Jones went by the name of Sale—I returned back with Preston into St. Ann's-street, and when we came to the end of St. John's-buildings Haycock was standing against the court—Preston pointed him out to me, and I took him into custody—I know that Jones occupied the front-room second-floor at 20, St. Anne-street.
Cross-examined by MR. PRENDERGAST. Q. Does Doyle live in the house? Q. No, he lives about 150 yards off, in St. John's-buildings, in the same street—I have seen the man whom Polly Sale associates with—he appears to be a coal—heaver—Doyle had no hat on when I pursued him—the prosecutor appeared perfectly sober—the hat was brought to the station, and is there now—Doyle did not claim it—he wore another when he was apprehended at four o'clock the same morning.
MARK LOOME (policeman, B 11). I took Mulloy into custody on Tuesday morning, 18th July, about half-past ten o'clock, at the George and Ball public-house, at the corner of St. Ann's-street, close to where the robbery was committed—there were several others with him—I told him he was charged with others in stealing a watch from a man named Preston, that night—he at first said he knew nothing at all about it, and on the way to the station he said he would not suffer for other persons—on the day following, after he had been before the Magistrate, he called me to the cell door, and said he wanted to speak to me—I went, and he said that on the morning of the robbery, Doyle came and knocked at his door when he was in bed, and said that Ann Sale bad been down to him to go and bounce a man out of her room, and that she had stolen a thimble, (which means a watch,) and that he (Doyle) had lost his hat, and that was all he knew about the robbery—I took Jones and Flynn on the 21st, at 4, Snow's-rents, Westminster—I had been looking for them two or three days—they were both in the room together—I told them they were charged with others in robbing a man of a watch—Jones said
she knew nothing about it—they said they had been over the water that night—I further told Jones that she was charged with robbing another man—I knew her before, and know that she occupied the front-room, second-floor, and Haycock occupied the first-floor—I was before the Magistrate—after the witnesses had been examined, the prisoners were asked if they would say anything—they made a statement—this is Mr. Broderip's writing.
Cross-examined by MR. O'BRIEN. Q. Do a great many people live in that house? A. Yes; there are three or four rooms let out in lodging—the landlady lives next door but one or two.
(The prisoners' statements before the Magistrate were here read)—"The prisoner Doyle says, 'On Monday evening I was standing at the corner of St. Ann's-street, and Mulloy asked me to go to the play with him; while the play was proceeding, we came out, went into a public-house, and had something to drink, and returned to the play, and staid till it was over, five minutes past one o'clock, and came home; previously we had been into a public-house on the other side of the water; we then came home, and were coming down St. Ann's-street; Mulloy came with me close to my door, and there we parted; I heard "Police!" and "Murder!" called up the street; I went up stairs, and saw the prosecutor and another man each holding one another; there were one or two in the room, who they were I do not know; I did not take notice; I asked the prosecutor what was the matter; he said he had lost his watch; with that, he and the other man struggled, and the prosecutor fell on the bed, and the other man got away; the prosecutor followed me down stairs; I thought it my duty to make my escape as well as the others, as I knew nothing about it; the prosecutor stopped me at the corner of John's-court; I asked him what he wanted; he said his watch; I said, "I know nothing about it;" he said, "I thought you were one of the party;" he left me, and then I went towards Tothill-street, and had two pints of beer; I was returning home, and got quarreling with a man in Pye-street; I went towards Mulloy's house, and I certainly did knock him up, but I did not mention the name of Ann Sale, or any other female; I told him about the disturbance, and he got up; we both went to a public-house in Tothill-street, and had two pints of beer; I know nothing of this concern, no further than seeing the two men quarrelling in the room. "—" The prisoner Haycock says, 'I heard the cry of "Murder!" and "Police!" I saw the prosecutor; he turned up a court; I went after him; he was turning back, and I said, "What is the matter?" he said, "I have lost my watch;" with that, the policeman came; he went up, and searched; I followed down the street again; I was talking to some other persons; the constable said, "I want you," and I went to the station with him.'"—(Mulloy stated that he had been to the play with Doyle; that about a quarter of an hour after he had parted with him, he came bach, and said he had been in a row about a watch, and had lost his hat in fighting with with a brewer; that he went with him to look for it, and met the policeman and prosecutor, who took him into custody).—(Jones stated that she and a young woman named Green occupied the room, and were in the habit when out of hiding the hey for each other; that on the night in question she was on the Surrey side of the water, and slept with a young man named Mitchell).—(Flynn alio staled that she was on the other side of the water when the robbery was done).
Mullory's Defence. I went to the play with Doyle, and after we came back I bid him good night, and went to bed; I had not been in bed a quarter of an hour before he came and knocked at my door, with his coat on his arm, and no hat on; he said he had lost his hat in a scuffle with a brewer; then he said he had been in a row with Mr. Preston about this watch, and asked me
to go and see for his hat; I went, and met Preston and the policeman, with, the hat in his hand; I thought it might be Doyle's hat, but I did not like to ask for it, for fear it should not; the policeman asked Preston if I was one; he looked at me, and said it was a taller man than me; I followed them down to some old houses, and then went in-doors; Doyle knows the same, and he knows I was not there.
EDWARD PRESTON re-examined. Nowlan asked if he was a taller man than me, that meant Doyle; and I said Doyle was taller than me—it was not Mulloy, for I never saw him—I did not see him in Orchard-street.
WILLIAM NOWLAN re-examined. I saw Mulloy in Orchard-street—I did not ask Preston if he was one of them—I was asking him about Doyle at the time—he did not point to Mulloy, and say, "He was a taller man than you"—Mulloy was five or six yards behind me, and had a short pipe in his mouth, smoking—this was about half an hour after the robbery—he had had plenty of time to go home and come out again—he had been to the station-house while the others were in custody—he appeared to be in liquor.
Haycock's Defence. I heard a cry of "Police!" met Preston at the bottom of the court, and asked him what was the matter; he said, "I have lost my watch;" a policeman then came up; I followed them to where it was done, and was talking to some person at the bottom of the court, when the prosecutor gave me in charge; I am innocent of it.
Flynn's Defence. I am innocent; two days before I was given into custody I was lying in Jones's bed, when the constable entered the room, and if 1 bad been in trouble why did not he take me then I never saw the prosecutor in my life. I did live in the same bouse, but not in the same room; when the prosecutor was at the station-house he only said, "I think I know you."
MARK LOOME re-examined. I was at the house three days after the robbery, and saw Flynn; but I knew if I took her the other would escape, so I let her alone till I could find them both together—they made their escape from that room the same morning—I know that the male prisoners are in the habit of associating with the females—they are all associates together—I believe Mulloy has not been about Westminster more than a month—I have seen him in company with Doyle, and Haycock also—Haycock cohabits with a woman who lives in the first-floor front-room in that house.
Haycock. I did live in that street, but had left, and went to White Horse-street; I was in Westminster that night; I have seen the other prisoners, but do not associate with them.
EDWARD PRESTON re-examined. I am certain that Flynn returned into the room with Mulloy after I sent her out for the gin—the gin never came—there was not time for her to have gone for it—I never expressed a doubt about her being the person—she called me to the cell door, and said, "Why the b——b----don't you turn it up?"—I took that to mean not to come up against her.
MULLOY— GUILTY . Aged 20.— Confined Eighteen Months.
JONES— GUILTY . Aged 24.— Transported for Fifteen Years.
FLYNN— GUILTY . Aged 19.— Confined Eighteen Months.
HAYCOCK and DOYLE— NOT GUILTY ; but were directed to be detained, and indicted as accessories, at the next Session.
(The prisoner Jones was stated to have cohabited with Thomas Sale, who was executed for murder in December last.)
1978. JOHN HAWKINS, THOMAS HUGGINSON , and DENNIS WILSON , burglariously breaking and entering the dwelling-house of WilliamWallop, on 20th July, and stealing 1 snuff-box and 3 chessmen, value 23s.; his property: also, 3 rings, 2 pairs of ear-rings, and a variety of articles, value 40l.; the goods of Henrietta Wallop; and 5 sovereigns and 30s., of Sarah Croxford.
MR. BRIARLY conducted the Prosecution.
SARAH CROXFORD . I am in the family of Mr. Wallop, of 23, Rutland-buildings, in the parish of St. Margaret, Westminster. On Thursday night 20th July, about half-past ten o'clock, I went round, and saw the house all secure—I was disturbed a little before one—I heard a great shaking in the hall by the kitchen-door, and the alarm bell sounded muffled—I called Eliza, thinking it might be her—I then laid quite quiet, and three men came up stairs, and came altogether into my room—one came close to my bedside, right round the bed, another stood at the foot of the bed, and the other at the door, but I could not perceive, for I did not rise up—I know Hawkins from staring at him—I could perceive him very well for some time, looking round the room, they said it was all right, and went out—they were not aware that I was awake—they did not look much at me—I swear to Hawkins, but not to the others—Wilson had been in Mr. Wallop's service as page, and left last Christmas—some of them went up stairs, and one went down stairs, and there was a terrible noise up stairs, and shaking of doors—I got out of bed, but could not open the door—I moved the drawers and a table, put them against the door, and then opened the window, and began crying, "Police!" for about five minutes—they all came rushing down, and I kept on at it, and presently a soldier passed, and asked me whether I was mad—I said, "I suppose I am, for I have had three fellows get into my room"—he went and got a policeman—the policeman came, and we went up stairs, and found Mr. Wallop's cash-box that should have been in the top drawer, on the stairs, and Miss Wallop's jewel-case on the ground, and all the jeweiery about the floor, by the bedpost in Miss Wallop's bed-room—the family were out of town, except me and the cook, named Eliza, who was sleeping up stairs in the attic, two stories above me—I was on the first-floor—the things were lying about, as if the place had been rummaged—Mr. Wallop's drawers had been broken open where the cash-box was, it was a patent lock—I went up to Eliza, and found her asleep—I then went down stairs—the kitchen window was open, and the flower-pots removed from the inside to the outside, on the area steps—one flower-pot was kicked down on the inside cill, and the back door, that leads into the garden, was wide open, so that some one must have come in at the kitchen window, and opened the back door.
COURT. Q. The only one you speak to positively is Hawkins? A. Yes—one stood at the door, out of my view, and one at the foot of the bed—a very pale-faced man—I was afraid Hawkins was going to do something to me, and I kept my eyes on him more, or I should have looked at the others—I had never seen Hawkins or Hugginson before—it was a moonlight night—there is a lamp at the door—I saw the soldier very plainly out of the window—about five minutes after I cried "Police!" they all three rushed out at the back door—they all jumped over a wall—Hawkins and the other got over very quickly, but the other, who appears to me to be Hugginson, had a great deal of difficulty—the others assisted him a little—he laid on the wall, and could not turn—the third one was dressed in dark clothes, I could not get an opportunity of seeing his face—the figure of the other was exactly like Hugtrinson's—he had his trowsers turned up to his knees, and no shoes or stockings on—I cannot swear to the other, his appearance was like that of Wilson.
Cross-examined by MR. PAYNE. Q. You did not see his face? A. No.
COURT. Q. Did it occur to you at the time that Wilson was one of the parties? A. No, I had no idea of it—I did not recognise him.
ELIZA COLLINS . I am in the service of Mr. Wallop. On the Sunday before the robbery, Hawkins called, and wished to see the page—I said he had gone to Church, but he would be home when Church was over, and be at home all day, if he liked to call again—he said he did not know that he could—I said if he did not call before next Sunday he would not see him, for he was going into the country with Mr. Wallop on the Tuesday—I had never seen Hawkins before—I asked if he would call again—he said he thought he would, but would I tell the boy when he came borne that John Hawkins called to see him—I observed his shoes—I was awoke on the night of the robbery, I came down into the kitchen, got a light, and saw the kitchen window open, and I found these shoes, which I believe are the shoes Hawkins had on on the Sunday—they resemble them—I had noticed his feet when he called before—I should not have noticed them so much, but he was so shabbily dressed, except the shoes, and he stood in so careless a manner, not knowing what to say, that I noticed his shoes particularly.
Cross-examined by MR. PAYNE. Q. When you saw the shoes, did you say, "Oh! bless me; these are the shoes the man had on on Sunday?" A. I should not have thought of Hawkins if I had not seen the shoes—they are not particularly gay shoes, they are very dirty—I could not see his stockings—I believe he had blue trowsers on, I am not certain—he had a very shabby jacket on, and a black hat—I cast my eyes down to the ground while I was talking to him—I had never seen him before—he staid perhaps five minutes, or it might have been less—the present page's name is Joseph Argent.
WILLIAM DOUGHTY . I am a baker, at Knightsbridge—my master used to serve Mr. Wallop; I then knew Wilson as his page. On Thursday, 20th Aug., before the robbery, I saw Wilson in front of Rutland-gate, between eleven and twelve o'clock in the morning—he passed by me about two yards—I called him back, and said, "Halloo! what are you doing now?"—he said, "Nothing now; I have had a job, and am waiting to get on an omnibus"—after that he asked me if the family was at home—I told him Miss Wallop was out, and if Mr. Wallop was not gone, he was going.
Cross-examined by MR. METCALFE. Q. I suppose he knew you well? A. I believe he did—I served the family while he was there, that was how I came to know him—he did not ask if Mr. Wallop and the family were well.
WILLIAM CUMMINGS (police-inspector, B). On Friday, 21st July, I examined the house, 23, Rutland-gate—inside the kitchen-window of the area I found a flower-pot broken—two of the iron bars were about 6 1/2 inches apart, from which I conclude that a small person must have got in that way—a person of Wilson or Hugginson's size could have got in there very well, I think Hawkins could not—there was no appearance of breaking in, in any other direction—in consequence of information on Monday 24th I went to the Hampstead-road with two constables and a man named Price, and whilst watching the house, 4, James-street, Camden-town, where Hugginson lived, I saw Hawkins walk along the road opposite the Mother Red Cap—I followed him three quarters of a mile, and into a brick field, and when he saw me following him he immediately turned quickly round a brick kiln and was out of my sight about two minutes—I went sharply up and said to him, "I want you, Hawkins"—he said, "What for?"—I said, "For a burglary at Knightsbridge"—he said, "I know nothing about it"—while searching he turned round, and I observed Price pick up four bracelets and a buckle from beside the brickkiln where Hawkins had gone—he had these shoes on
(produced)—they are of the same pattern as those found in the house, and evidently made by the same maker—the leather is cut exactly the same, and the sewing is also the same—the pair left in the house have been tried on him and they fit him exactly—I took him in custody—about three hours afterwards I went to a public-house called the Buck Head or Arms, in Buck-street, Camden-town, about 100 yards from where Hugginson lived, and there found Hugginson with about thirty others in the skittle-ground—I took him in custody, and told him it was for being concerned with Wilson and Hawkins in a burglary—he said, "I know nothing about it"—I said, "Do you mean you know nothing about the burglary, or that you don't know anything of Wilson and Hawkins?"—he said, "I am no scholar, I do not know what you mean by a burglary, but I do know Wilson and Hawkins well"—I explained to him that burglary was breaking into a dwelling-house at night—he said he knew nothing of it—I searched him, and found 1s. 3 d. on him—this knife which was found by another officer on Wilson, I have compared with the marks on the jewel-case and the work-box from which the money was taken, and they correspond, and likewise with the marks on the side-board—I found this new cap (produced) in Hawkins's hat—he was dressed as he is now—the coat appears to have been recently purchased, and the shoes are quite new.
Cross-examined by MR. PAYNE. Q. Did Price point him out? A. Yes, Price is a gas-fitter—I believe he has had a great number of cases in this Court—I can't say he attends more to thief-taking than to gas-fitting—I know he carries on a very extensive business—he has several men—he was with me when I spoke to Hawkins—he was looking about the place while I was talking to Hawkins.
Cross-examined by MR. METCALFE. Q. What sort of a cupboard is this where the marks were? A. It is a small cupboard in the sideboard where plate is kept—this is the work-box and jewel-casket (produced) here are the marks.
JOHN HENRY PRICE . I am a brass-founder and gas-fitter, at 24, Wyndham-street, Bryanstone-square. On 24th July I went with Inspector Cummings to the Hampstead-road—I went with him in pursuitof Hawkins—I found these four bracelets (produced), and the buckle hid in the earth at the bottom of a brickkiln—he had passed the spot—while he was being handcuffed I searched the place, on account of seeing the bowl of a pipe sticking out at the bottom of the brickkiln, which I supposed to have been a guide to where the property must have been put—Hawkins was a very few yards from the spot at the time—the earth had been recently disturbed—the pipe was about a yard from the property.
CHARLES CHINN (policeman, A 255). On 24th July I found Wilson at 7, Chapel-street, where his father and mother reside—I found 10s. 6d. in silver on him, and the knife that has been produced—on the drawers in the room I found a locket, heart, and cross, in a tea-caddy covered with some hempseed—he had new trowsers, shoes, and black silk handkerchief, and the coat appeared new also—I asked him when he bought the things—he told me on the Saturday.
(Sarah Ann Shearwood being called on her recognisances did not appear.)
ELIZABETH DRIVEL . I saw Inspector Cummings and Chinn pass the brickkiln—before that I saw Hawkins go up and stoop down as though he were searching for something—he took something from his pocket and placed it there, and I saw him place the pipe on the top of the fresh earth—I saw him disturb the earth—I was not twenty yards off, and saw him clearly—I saw him put something into the earth as if he was hiding it there—I saw Price
take up the gold bracelets from that spot—no one has been speaking to me about my evidence.
Cross-examined by MR. PAYNE. Q. You were not before the Magistrate the first time? A. No, I told Mr. Cummings what I saw on the Wednesday—I did not tell them at the time, because I did not know in the confusion what it was—my husband is a master builder at 13, Lewis-street, Hampstead-road—I was looking out at the window—I do not suppose Hawkins saw me—he could if he had looked—he dug the ground up with his fingers—he was not many minutes about it.
MISS HENRIETTA WALLOP . I live with my father, at 23, Rutland-gate. This bracelet, heart, and locket are all my property—a great deal of property is still missing—I lost altogether 30l. or 40l. worth.
Cross-examined by MR. PAYNE. Q. How do you know them? A. I have worn them—they are not at all extraordinary, and not worth much—I am certain they are mine—none of the gold things have been found—these are not gold—Wilson gave me warning himself—there was some dispute about cleaning windows, I think.
(Richard Brown, of 7, Chapel-street, Edgeware-road, baker; William Sigster, Paddington, surveyor; and Francis Smithers, Platt-street, St. Pancras-road, gave Wilson a good character.)
HAWKINS— GUILTY . Aged 20.— Transported for Ten Years. HUGGINSON— NOT GUILTY . WILSON— GUILTY . Aged 18.— Transported for Seven Years.
MR. PARRY conducted the Prosecution.
WILLIAM CULF . I am a licensed-victualler, but am now out of business, and live at 3, James-street, Bethnal-green. I cohabited with the prisoner—on Thursday, 20th July, I was out all day at my daughter's to dinner—I left there about half-past twelve o'clock, and got home about one—I walked home—it is two miles—I had a little to drink, but I was quite sober—I knocked at the door—I occupy the parlours—I was kept knocking ten minutes or a quarter of an hour—it was not raining—the prisoner said I should not come in, I might go to my whores, where I was in the habit of going, that she knew my appointments, and where I had been; and a great deal of very aggravating language, if I came in there she would murder me, for I should never sleep in the house that night, but I said I could not go elsewhere at that time in the morning—she opened the door to me at last, and began to abuse me just in the same way, and told me where and who I had been with—I told her not to bother me, I wished to go to bed—she was entirely dressed—the bed, which is a turnup one, was not down, and the drawers in front were not removed, and the bed can't be let down till they are—I had to go through the front room to the bed room, and she said she would murder me before I should go—I said, "Don't bother me, I mean to go to bed, that is all about it"—as I was taking hold of the door, she took up the poker, struck me a blow, and said, "I will murder you if you attempt to go into that room"—I said, "Don't say you will murder me, for you have already done that"—I put up my hand and caught another blow on my thumb—had I not caught it, no doubt it would have killed me—my hand was full of blood directly, and directly she saw the blood, she walked out into the passage and called out "Murder!"—I went into the street and called for the police—I bled very much—I gave her in charge that
night, and I was taken to a doctor and then to the hospital, and remained till the following Tuesday—my head is not well yet—I had said nothing to her to cause her to do this.
Cross-examined by MR. PAYNE. Q. How long have you lived together? A. About two years and four months—I am fifty-six years old—I think the prisoner is somewhere near sixty—I had drunk three pints of porter, and in the evening I had part of two glasses of gin and water—I was not drunk—I did not slip over the kerb, and roll about—I met the policeman at the corner of Gibraltar-walk, and asked him if he would have anything—I should not have fallen down if he had not laid hold of me—I swear I did not slip twice off the kerb—the prisoner had not been to bed before I got home—she had not let the bed down—Mr. Dunn did not see her in bed I am certain—if she did let the bed down it was after I called "Police!"—on my oath, she did not lose one of her teeth that night from my violence—I do not know that she was bleeding from the mouth when Mr. Dunn came in—as soon as she saw the blood running from me she ran to the stairs and called out "Murder!" and I said, "What is the use of your calling out murder, I am the person to call out murder!"—Mr. Dunn did not come down while I was there—he lives on the second-floor—I did not, when knocking at the door and she asked who was there, say, "You b----y b----h, it is me"—I am sure Mr. Dunn never heard me say so—I did not hear him say so before the Magistrate—I do not believe he said it—the prisoner did not say to Mr. Dunn, in my presence, "I am glad you are come, for he has been ill-using me again"—nor did she say the wound I had got must be by my falling down—I did not hear anything said about ir—I had not been in the room more than five minutes when this happened—I had my stick when I knocked at the door, but not at this time, fur I had pulled my hat and coat off—I swear I used no act of violence to her.
JAMES WHITE (policeman, 210 H). I saw the prosecutor going home on the morning in question—he was drunk—he was about 300 yards from his home—I walked by his side, assisting him, at least, I put him inside the pavement away from the kerb as he slipped twice, and left him knocking at his door—about half-an-hour after, hearing cries of murder, I went and found him bleeding profusely—he said "she had done it with a poker, or something"—I got assistance, and went into the prisoner's room—I found her undressed—I saw two pokers there, both in their right places—the little one was on the hob—I produce the other—which he says it was done with—I examined it, but found no blood on it—I saw blood on the floor of the room, and a considerable quantity at the street door—I sent him to the doctor's, and took the prisoner in custody.
Cross-examined. Q. When you first saw him he was so drunk that he slipped twice off the kerb? A. Yes; he appeared to be falling, and I caught hold of him—I heard them quarrelling inside the house when I passed round my beat—there were high words on both sides—the prisoner only had her shift on when I went inside—she said she had not done it, but he had fallen and cut his head—the bed appeared as if a person had been in it—there was a cast-iron fender in the room with knobs on it, two inches apart—I saw no blood on it—I did not see any blood at the staircase, or in the passage leading to the street door, but it is only two feet from the room—they occupy two rooms—the bed I saw was in the front room—I did not go into the other—the quarrelling I heard was in the front room—the prisoner mentioned to the inspector on duty that the prosecutor had knocked a tooth out with his violence, and she showed a mark on her neck which was black
and blue, which she said he had done—I have often heard them quarrelling before.
JAMES HAYWARD . I lodge in this house with my wife. I heard the prosecutor knocking at the door about one o'clock in the morning, and I heard the prisoner call him an old whoremonger, and say he should not come in, that her life was in danger—after he came in I heard him accuse her of starving her apprentice—she said, "If you say that again I will murder you"—I did not hear any blow struck—I afterwards went down stairs, and saw a pool of blood on the threshold, and some spots in the room—there was a good fire in Mrs. Burn's bedroom—there are two rooms, and I believe a bed in each.
Cross-examined. Q. I believe she told him to go back to the black wh—s he had been with? A. Yes—they were abusing each other after he came in—I have heard them quarrelling and using bad language to each other before.
SARAH HAYWARD . I am the wife of the last witness. On the morning before this occurrence the prisoner was talking to a person next door, and she said we need not be surprised if we heard a noise that night, for she was very vexed, and could not stand it—the lodgers have often complained of their quarrelling.
CHARLES YARDLEY . I was in bed and asleep when Culf came home—I was awoke by the quarrel, and heard him at the street door, calling "Police!" and directly after I heard Mrs. Burn on the stairs hallooing out "Murder! pray come down, Mrs. Dunn."
Cross-examined, Q. Did you hear her say, "Pray come down, for I am being murdered?" A. No—Mr. and Mrs. Dunn did go down—I ran to the window and saw Culf bleeding—he said "For God's sake get me assistance, or I shall die!"—I did not go down at all.
PETER GOLAN . I was house surgeon at the London Hospital, on the morning of 20th July, when Culf was brought there; he was tipsy—he had a contused wound on the left side of the forehead, about an inch and a half above the eyebrow, about three-quarters of an inch long, and extending to the bone—it might have been inflicted by the poker—it was serious from its consequences, for erysipelas came on—I attended him as an out-patient for six days—he did not come after—I do not believe the wound could be occasioned by a fall—it might be caused by a fall on a fender—the wound was not one of that shape—I did not see this fender.
Cross-examined. Q. If he fell against a fender, the same effects would have been produced? A. Yes—if he had fallen with the whole weight of his body, but then I think he would have had contusions about his face—the blow might be inflicted by a poker without leaving any marks of blood on it, because all the vessels would be compressed when the blow was inflicted, and the blood would be squeezed out of them before it got to the poker—some short time would elapse before the blood flowed.
COURT. Q. Would not the excitement of getting up, and going towards the door bring on the bleeding? A. It would bleed naturally, without excitement—it might occasion the blood to flow more freely, but I do not think it would influence it much.
GUILTY of an Assault.— Confined Six Months.
MR. CLARKSON conducted the Prosecution.
JOHN DRUCE (policeman, T 132.) On 16th July, about half-past twelve o'clock at night, I was in Lawn-place, Wilsden, and heard loud screams from a female on the towing-path of the Grand Junction Canal—I went up, and found the witness, Sarah Spicer, screaming—she pointed out a spot in the canal, and also pointed out the prisoner who was about thirty or forty yards off—she said he had been quarrelling with the woman who was in the water—I took him into custody, and asked what he had been doing—he said he had struck her, and he was very sorry for it—I gave him into the custody of another policeman who came up, and one of the by-standers went and fetched a rake—we dragged the canal, and very shortly succeeded in getting out the body of a woman—we sent for a surgeon who said she was dead—I took the body to the Crown—I found this bonnet, cap, and shawl on the towing-path close by the spot—there is blood on the cap and bonnet on the same side, and the bonnet was broken and crumpled as it is now—the prisoner had a child in his arms, and was coming towards the spot as I went up—I assisted in getting the body out—the nearest part of the body was about five feet from the bank—the towing-path is level with the water—there is no bank for a person to jump off—a person might be pushed in head foremost—that would send them some way into the water—a person jumping would go in about the same distance—it is on the descent after you get in—I saw the body when taken out—I did not see any blows or marks of violence about it—there was not sufficient light—I did not see it afterwards—the prisoner had nothing in his hand—the woman had not the least appearance of life when taken out—from the time I first heard the screams till the body was taken out was about half an hour—she must have been left in the water without any effort to take her out—it is a lonely place—I asked the prisoner why he did not assist in getting her out—he said he had a complaint on him, and the doctors had prevented his going into the water—he said it was fistula—I have not ascertained whether that is correct—I believe the water is three feet deep so that a person who had any life in her might find her feet and come out—that depth would not drown a person—she was face upward.
SARAH SPICER . I am the wife of Joseph Spicer, of Twyford Farm. The prisoner has been in the habit of working at Mr. Hudson's, at Acton—I have been working there in the hay fields—I knew Ann Fitzpatrick by working with her in the same fields—she cohabited with the prisoner—on the night in question, she and the prisoner, and I and Henry Reed were coming from Harlsden-green about half-past eleven o'clock—I and Reed were about two hundred yards behind—Fitzpatrick and the prisoner began to quarrel—I do not know what about—they continued to quarrel for some time—I then heard Fitzpatrick give a violent scream, and say, "You b----rogue, Newman, you have done for me"—I then ran towards her, and found her in the canal—I ran directly I heard the scream—it might take me twenty minutes, or rather more to get there—I had to run about two hundred yards—I do not know exactly how long I was—I was very much frightened—the prisoner was standing close by the edge of the water with the baby in his arms crying—I could see Fitzgerald's body in the water—it is very shallow there—not more than up to the prisoner's middle—I asked the prisoner what he had done—he said he had given her a blow, and she had thrown herself into the water—he did not hasten to take her out—I screamed violently for assistance—he went away, and said he would fetch somebody to pull her out—the constable came up—I showed him where the body was, and saw him take it out with a rake—it was the body of Ann Fitzpatrick—she was then quite dead—
the prisoner had been carrying the child before the quarrel occurred—Fitzpatrick's bonnet and shawl laid close against the quick hedge that goes along the side of the canal—the towing-path divides the hedge from the canal—when I first went up I saw the body in the water—it was not floating—it was so near to me that I put out my hand to endeavour to take hold of her clothes—I could not reach her—I suppose it got further out afterwards—for when the officer came it was out of sight—I was very much frightened—I kept screaming, and crying all the while instead of rendering any assistance—I did not see her make any effort to get out—she was on the top of the water at first, and then went down to the bottom.
Q. Did the prisoner say anything to you about the evidence you could give against him? A. He said, "Sal, you can hang me, but don't"—I said, "No I can't, I can only speak the truth"—that was at the station that same night—the head of the deceased was nearest to the canal side when I came up.
JOHN DRUCE re-examined. I was present when the prisoner was examined before Mr. Broughton. The prisoner made a statement, which was taken down—Mr. Broughton signed it—this is it—(read—"The 'prisoner says she had attempted it three times before; she pulled off her bonnet, and shawl, and cap, and threw herself in; I just gave her a slight tap with my hand; we had lived as happy as two turtle-doves could do")—I heard the prisoner say to Spicer, at the station, "Sarah, you can hang me if you like, but don't"—she said, "I could do no such thing, Newman; I shall speak the truth"—the bonnet and cap are in the same state now as when I examined them at the station-house.
HENRY REED . I live at Harlsden-green, and am a labourer on the railway there. On Sunday night, 16th July, I was walking with Mrs. Spicer, some yards behind the prisoner and Fitzpatrick—I heard the woman scream, and heard her say, "You b----y rogue, Newman, you have done it for me!"—I went up to the place, and found the prisoner walking about with the child in his arms, close by where the woman was—I saw the woman pulled out with the rake—I was about a hundred and fifty yards off when I heard the woman say he had done for her—I do not know how long I was getting up to the spot—I ran some part of the way, not all—Mrs. Spicer got there first—I only saw Newman and the child—I did not see the woman in the water—I went for assistance to the canal-bridge, where there are some houses—I met the policeman as I went.
Prisoner. Q. Were you not standing there all the time, and did not I ask you to assist me to get her out, and you said you would not? A. No—you did not say you were afflicted with a disease, and could not get in; you said nothing at all about getting her out.
COURT. Q. Did you not go directly you heard the scream? A. No; I followed Mrs. Spicer along—I did not see her extend her arms to take the woman out—I do not know the depth of the canal—I have seen persons bathing there, but have never been in—it was dark at this time—there was time for him to have put her in the water between the scream and my getting up—it was a loud scream, not as if she was suffering, merely a halloo—I did not hurry to the spot.
MR. CLARKSON. Q. Was anything occurring between Mrs. Spicer and you? A. No; we were walking—I never told the surgeon that I and Mrs. Spicer were doing anything—no such question was ever asked me—the prisoner said so before the Magistrate, and I denied it.
twenty minutes, as if in trouble—they were screeches for assistance from the side of the canal, which was about a mile off—I went towards it, and found it was Mrs. Spicer—the prisoner was then in custody—I asked Mrs. Spicer what was the matter—she said, "There is a woman drowned in the canal "—I asked how she came there—she said, "That man struck her (pointing to the prisoner,) but I don't know whether she fell in, or by the blow; but there she lies"—the prisoner said nothing—I did not see the body—I got a rake and in about ten minutes got the body out; it was about six feet from the bank—the water is three feet deep there—it is shallower than that by the path; it gets gradually deeper—there was nothing to prevent a person walking in and getting the body out.
WILLIAM CLARY . I keep the Crown public-house, at Harlsden-green. On 16th July the prisoner, the deceased, Mrs. Spicer, and Reed, came to my house, and staid there from nine till eleven o'clock—there was no mark on the deceased's face at that time—she appeared sober—they bad been drinking—about two o'clock in the morning her dead body was brought in, but I did not see it till next day—I then saw a dreadful bruise on her nose, such as a man's fist would make—I should say it must have been a violent blow, such as might knock a person down, from its appearance—I had known the prisoner and deceased some time by hay-making about there—they always appeared to live very comfortably together—I heard the prisoner say that Reed and Spicer had remained behind for a purpose of their own, but Reed denied it.
Prisoner. Q. You never knew me to do any wrong to her? A. No; quite the reverse—I always thought you a loving man.
GRORGE BROWN . I am a surgeon, at Kensal-green. I saw the body of the deceased that same morning—she had a severe bruise on the nose, just such as would be inflicted by a blow from the fist—I think it almost impossible that it could have been received by falling into the water, and coming in contact with any hard substance there; the water would break the fall—I should say, from its appearance, that the blow must have been such as to strike her to the ground or throw her off her legs—if she had been drinking that would be more likely—it was an ecchymosised wound—I made a post mortem examination—the state of the vessels of the brain indicated previous indulgence, and a blow would be calculated to produce insensibility, which, however, might have been recovered from, if immersion had not taken place; but the blow rendering her insensible she had not power to struggle in the water—I should not say that drowning was the immediate cause of death, for I found plenty of air in the lungs, and no water—the body had not imbibed any water—it is my opinion that she was knocked into the water in an insensible state—I think it possible that she might have thrown herself into the water after receiving the blow—a lapse of time would occur before congestion or insensibility would take place—she might have received the blow and rushed in, and at the same moment might be deprived of her senses—I attribute her death to congestion, from which, owing to her being in the water, she had not the power of recovering—I do not think the water itself would have done it—if she had not been hurt she could have got out at that depth—the blow itself might have caused death; but 1 do not think there was sufficient in the brain to account for death without the aid of the water—the position in which she was found, with her feet towards the bank, does not at all fall in with the idea of her having thrown herself in, unless it was in retreating to escape from the blow—I am acquainted with the spot—the stream is very blight there—the bank is very shelving—if the woman went in herself she must actually have walked into the water—the blow was not such as would be received from the rake in getting the body out.
Prisoner's Defence. We always lived happy and comfortable all our days; we were a good deal in debt when we went to the fields to work, and the weather being so bad we could only get enough to find us in grub; she said, "We won't go home any more, if I can't get money to pay our rent," we owed about 2l. 10s.; she told Mrs. Wilson, of 7, Baldwin's-gardens, two days before, "If you hear I have drowned myself, don't be alarmed;" I did not hit her; I had the child in my arms; she said, "Come on, and pulled me right against the wall; I said, "Get out of the way," just so, and merely pushed her back-handed; she pulled her bonnet and shawl off; I went a little way round the towing-path, and when I turned round she was in the water; I have a witness to call.
FITZHERBERT SPARKS . I am steward of St. Bartholomew's Hospital. he prisoner sent to me, to prove that some years ago the deceased was brought there for having taken poison—I know nothing of the fact, but I find the name of Ann Fitzpatriek entered on 25th Dec, 1844, for having taken poison—she was treated for it, and discharged on the 27th—the prisoner stated that his wife was in the hospital on that date, and I searched the books, and found it agreed in point of time and name, the nature of the case, and the name of the medical man under whom she was—he could have no means of knowing those particulars, unless the person was the same.
MARY WAYMOUTH . I have known the prisoner and deceased ten years—they were very comfortable; I never knew him strike her—the deceased said to me, the week before she left home, that if she did not do any better this summer than she did last, she would jump into the canal before she came back again—Mary Ann Wilson is not here; she has been here for several days.
WILLIAM CLARY re-examined. They paid me for what they had; I do not know what it was—they had been about there for several weeks—they were in a state of the greatest poverty—they only had beer that day—I do not know how much—they had nothing to eat.
Prisoner. Mrs. Spicer paid for it that night.
SARAH SPICER re-examined. I paid for one pot, and the deceased for another, and I know she had but 6d. when she went out, and the prisoner had none—they were very badly off for money—we had done very little work that week.
JEREMIAH MARTIN . I live in Clerkenwell. I have known the prisoner ten years, and knew his wife well—she was apt to take a little gin, and when she had taken a few glasses she would talk about making away with herself—two years ago, last Christmas-eve, she was taken to the hospital for having taken some poison; I do not know what—I was in the room at the time, and helped to take her in a cab—she had been tipsy all that afternoon—the prisoner always behaved kindly to her—he is very near-sighted.
GUILTY . Aged 60.—Strongly recommended to mercy on account of his previous good character— Confined One Tear .
NEW COURT.—Tuesday, Aug. 29th, 1848
PRESENT—Mr. Ald. FARNCOMB; Mr. Ald. FINNIS; Mr. COMMON SERJEANT; and EDWARD BULLOCK, Esq.
Before Mr. Common Serjeant and the Sixth Jury.
MR. ROBINSON conducted the Prosecution.