Old Bailey Proceedings, 9th April 1849.
Reference Number: t18490409
Reference Number: f18490409

THE

WHOLE PROCEEDINGS

On the Queen's Commission of the Peace,

OYER AND TERMINER, AND GAOL DELIVERY

FOR

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

OF THE

CENTRAL CRIMINAL COURT,

Held on Monday, April 9th, 1849, and following Days.

Before the Right Hon. Sir JAMES DUKE, Knt., M.P., LORD MAYOR of the City of London; Sir William Wightman, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Thomas Joshua Platt, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Edward Vaughan Williams, Knt., one of the Justices of Her Majesty's Court of Common Pleas: Sir John Key, Bart; Sir Chapman Marshall, Knt.; Michael Gibbs, Esq.; and John Kinnersley Hooper, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, M.P., Recorder of the said City: William Hunter, Esq.; Thomas Challis, Esq.; Thomas Sidney, Esq., M.P.; David Salomons, Esq.; William Lawrence, Esq.; and Robert Walter Carden, 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 QUESTED FINNIS, Esq.,

JACOB EMANUEL GOODHART, Esq.

Sheriffs.

JAMES EDWARD SHEARMAN, ESQ

GEORGE TAMPLIN, Esq.

Under-Sheriffs.

LIST OF JURORS.

First Jury.

James Yeomans

Frederick Wagg

James Walton

John Newling

Richard Simmons Pearce

Benjamin Martin

Henry Sutton

Joseph Adzehead

George Storey

Robert Wayman

George King

Robert Savage

Second Jury.

Thomas Francis Allen

Nicholas Armand

William Spencer

Edward Sheffield

Thomas Smith

James Spenceley

Augustus Titchen

John Venables

William Yerworth

Robert Saunders

John Austin

Joseph Saunders

Third Jury.

Stephen Kedge

Henry Figg

Bentley M'Cloud

John Savage

James Price

George Muir

Walter Spicers

Joseph Seddon

William Joseph Little

John Walker

John Angel

William Straw

Fourth Jury.

James Pecolier Crowder

William Williams

George Smith

Henry Muggeridge

William Fontaine

West Moore

Thomas Searle

George Webb

William John Waters

George Henry Simmonds

Augustus Smith

Francis Ormiston

Fifth Jury.

George Taylor

Giles Spray

W. Prackleton

Thomas Tilman

Rodwin Simpson

Alfred Syers

Thomas Coventry

John Thomas

George Ayres

Alfred Tullett

Philip Jay

James Kightly

Sixth Jury.

Henry William Wainwright

George Jennings

William Scott

James Walker

William Sykes

George Eldon

William Smith

Joseph Abithall (the younger)

Thomas Smith

William Tyson

Edward Dowling

John William Vaughan

CENTRAL CRIMINAL COURT.

DUKE, MAYOR. SIXTH 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 are known to be the associates of bad characters.

LONDON AND MIDDLESEX CASES.

OLD COURT.—Monday, April 9th, 1849.

PRESENT—Mr. Ald. GIBBS; Mr. RECORDER; Mr. Ald. SALOMONS; and Mr. Ald. CARDEN.

Before Mr. Recorder and the First Jury.

Reference Number: t18490409-822

822. RICHARD KNOTT, ELIZABETH KNOTT, JAMES SPARKES, ROBERT CRUMP , and CHARLES KERRIGAN , were indicted for unlawfully keeping a common bawdy-house; to which they all pleaded

GUILTY . To enter into their own recognizances to appear and receive judgment when called upon.

Reference Number: t18490409-823

823. WILLIAM SKEAT, ALEXANDER BASSETT, MARY CHAPMAN, WILLIAM BURKE, THOMAS CHAPMAN, WILLIAM CHAPMAN , and ELIZA STEBBING , unlawfully conspiring to injure and defraud Thomas Pennington.

(MR. HORRY withdrew from the prosecution.)

NOT GUILTY .

Reference Number: t18490409-824

824. GEORGE DOUGLAS , stealing 1 pair of trowsers and a shirt, value 13s., the goods of Edward Thornhill; 1 neckerchief, 5s., the goods of Thomas Black; and 1 neckerchief, 2s., the goods of John Black; in a vessel in a port.

JOHN BLACK . I am an apprentice on board the Rose which was lying in the London Dock. Last Friday week the prisoner came on board at ten o'clock, and asked me for some potatoes and soup—I gave him some potatoes—he asked the captain if he needed a cook—he went down into the forecastle to sleep—I saw him there—he left at four—some time after he was gone I missed from my chest a silk handkerchief—I saw the prisoner again next Sunday, with my brother's handkerchief on his neck—I asked him for it—he said he would not give it me, at first; at last he asked if I would give him 1d. for it—I said, "I shall not"—he at last gave it me.

EDWARD THORNHILL . I am a seaman on board the Rose. I saw the prisoner there on the Friday—I left a shirt and pair of trowsers in care of the boys—I afterwards missed them—these are them (produced).

Prisoner. They are my own trowsers; I made them when I was crossing the line on leaving Sidney. Witness. They are mine—I made them myself on my passage from Madras.

JAMES GRIFFIN (policeman, H 77). The prisoner was given in my charge by Black for stealing these things—he said he had never seen either the boy or the ship before, and bad never been in the London Dock above once before—afterwards, in going to the police-court, he said he had seen the boy, and asked him for a drink of water—he also added that he bought seven yards of

the stuff, and had made the trowsers himself as he was coming from Sidney in the Dido—he had them on.

THOMAS BLACK . I had charge of the trowsers and shirt—I put them in a chest in the forecastle—I missed them on the Thursday at four o'clock, and my black handkerchief also—I saw the prisoner with the trowsers on, and sent the police after him, but they did not get him.

Prisoner's Defence. When I went to the ship I saw this young lad; I know nothing of the shirt or handkerchief.

GUILTY . Aged 20.— Confined One Month.

NEW COURT.—Monday, April 9th, 1849.

PRESENT—Mr. Ald. SALOMONS; Mr. Ald. CARDEN; and EDWARD BULLOCK, Esq.

Before Edward Bullock, Esq. and the Fifth Jury.

Reference Number: t18490409-825

825. WILLIAM JOHNSON , stealing 5 packages of copper money, value 25s.; the goods of Thomas Denman:—2d COUNT, feloniously receiving the same.

THOMAS DENMAN . I live at Croydon. I received five packages of half-pence and pence about five weeks ago from Mr. Lewis—I wrapped them in my horse-cloth, and laid them on a load of dung in front of my cart—I saw them safe by Newington Church—I missed them when I got up to the Telegraph public-house at Brixton-hill.

Cross-examined by MR. PAYNE. Q. How they went you do not know? A. No—I received them between four and five o'clock in the afternoon, and missed them about seven in the evening—it was a dark, dull evening—I said before the Magistrate, on 2d March, that I lost my money three weeks before.

HENRY LEWIS . I gave Denman five 5s. papers of pence and halfpence—I had taken them from oilmen—I think it was on 23d Feb., between twelve and one o'clock in the morning—I do not know what he did with them—I have seen them since—I know them by the paper and string—I know this string in particular; it broke, and I tied this piece of cotton to it—the paper is the same sort as I have from my grocer.

Cross-examined. Q. Did not you say on 2d March that it was on Feb. 13th you gave the money? A. I believe I did, and signed it.

JOHN JENKINS (policeman, G 53). I stopped the prisoner in Barbican on 23d Feb., about seven o'clock—he had something bulky in his breast pocket—I asked what he had got—he said a few halfpence—I took from his pocket a 5s. package, and asked if he had any more—he said, "No"—I searched him, and found on him these four more packages of halfpence—I asked where he got them—he said he had exchanged silver for them in Petticoat-lane—I asked of whom—he said he did not know—I asked when—he said that same afternoon—he was going towards Petticoat-lane.

GUILTY of receiving.*— Aged 23.— Confined Twelve Months.

Reference Number: t18490409-826

826. JOSEPH RUMBALL , stealing 10 pieces of tin, value 2s.; the goods of John Graham. MR. BALLANTINE conducted the Prosecution.

ELIZABETH COOPER . I am niece to John Graham, who keeps the Middleton Arms, Portland-place, Islington—the prisoner was his potman—my uncle used to issue a number of tin tickets to the foreman of some works going on near there, for the purpose of their being delivered by him to the men, who presented them, and had what beer these tickets represented—it was the prisoner's

duty to take out beer when it was ordered—if he took out half-a-dozen pints, and brought back tickets representing half-a-dozen pints, they would clear him; and supposing these tickets were given to the foreman of the works, he would have paid the amount to my uncle—the prisoner was in the habit of bringing these tickets, and I have given him money for them, when he has said that he paid for the beer, and received the tickets—on the 13th Feb., about twenty minutes before twelve o'clock at night, I placed some marked tickets in a drawer, where they are usually kept—the door was locked at night—the prisoner could get in when I came down in the morning—he could not get to the drawer before I came down—I went to the drawer immediately I came down, at twenty minutes past seven, and, missed nine tickets—if the prisoner got in at all, he must have got in by a false key—the key of the bar-parlour would open the bar, but we were not aware of that till afterwards—the bar-parlour door was open—the policeman came, by arrangement, searched the prisoner, and found these nine tiekets in his waistcoat-pocket.

Cross-examined by MR. PARRY. Q. Does each ticket represent the same amount? A. No; this one has "2" on it, which means one pint of beer—my cousin marked these tickets—they could not have been given to the prisoner; they would be given to the clerk of the works—if the prisoner came to the bar and paid for a pint of beer, he would take that to the men, bring back this ticket, and have the money given him—he might have served other persons with beer and received the money, and brought the ticket, and he would have received the money of me; in order to cheat me, he must have brought the ticket back to me—he could not make use of it in any other way—it was his duty to bring back the tickets to me, if he served the men on the works who had them—they were used by my uncle for his own convenience.

MARY ANN GRAHAM COOK . I marked these tickets with a fork—they were put in the drawer.

GUILTY . Aged 20.— Judgment Respited ,

Reference Number: t18490409-827

827. CALEB FOWKES was indicted for embezzlement.

MESSRS. CLARKSON and BODKIN conducted the Prosecution.

MARIA CONNELL. I now live at Gravesend. In Nov. last, I was a customer of Dakin and Company—the prisoner was in the habit of bringing goods to me—on 13th Nov., I paid him 1l. 3s. 1d.—he gave me this receipt; he signed it in my presence.

Cross-examined by MR. BALLANTINE. Q. Where did you then live.? A. In College-street; I generally received about 1l. worth of goods in a month—the prisoner brought them during the latter period—he brought this receipt to me with the things—he had a cart with him—I did not give him any order that day.

JOSEPH RICHARDSON . I am clerk to Dakin and Company, No. 1, St. Paul's Churchyard. Mr. Dakin died last May—the business is carried on by his widow, and Mr. Alfred Waterhouse—the prisoner was in their service in Nov. last, as vanman—it was his duty to take out goods daily in the van, and bring back the money he received—this way-bill contains goods to Mrs. Connell, 1l. 3s. 1d., in my writing, in the first column—here is another column left blank, in which, if he received the money, he was to enter it—here is in that column opposite Mrs. Connell's name, "a/c" in the prisoner's writing, which signifies it was carried to account, and not paid—in this invoice, here is the name of Haley—here is first of all a small deduction of 1s.1 1/2 d. made in the account, which reduced it to 12s. 9 1/2 d.—there is a receipt for that in the prisoner's writing—here is the corresponding way-bill—here

is opposite to that name, in the prisoner's writing, "Monday," which means that it was to be paid on the Monday following.

Cross-examined. Q. When did you make out this way-bill with Mrs. Connell's name on it? A. The night previous to his taking it out; I made it out from the day-book—the goods are delivered to him by the order-man—he has to account for all in this way-bill, either by returning the goods, or paying the money, or making marks signifying that it was not paid—there are about fifty orders on this way-bill—the prisoner had his own order-book, in which he takes orders that he receives from the customers—we have a large trade—I should say he would have about fifty orders in a day—he had a horse and cart, and a person to go with him to assist him, who would receive money and solicit orders, and who would have to account for money to the prisoner.

EDWARD AUGER . I am one of the van-men to Messrs. Dakin and Company's. I was with the prisoner when the goods were delivered to Mrs. Haley—they are marked 12s. 9 1/2 d.—the prisoner delivered them—he came to me and asked me for some money, as Mrs. Haley bad no change—I gave him some, and he went in, and afterwards repaid me.

Cross-examined. Q. What are your duties? A. to deliver goods, to receive money, and take orders—we now generally pay the money to the cashier, but at that time I had to help the prisoner—he might be at one house, and I at another—we separated at times—I paid the money to him—I was with him on 13th Nov., when he received the money from Mrs. Connell—there was an order-book in the van; I cannot say whether he took it out—he gave the receipt—if I delivered a parcel he would probably put a mark against it, and I used to pay him the money I received—he knew the goods were delivered—he was always with me—he made up his way-bill when he came home at night, from recollection—he had no other means of doing so; he was obliged to ask me to assist his recollection—he might have avoided all that—I have been promoted since.

MR. CLARKSON. Q. Did you account to anybody but him for money you received? A. No—I did not tell him to write "a/c" to Mrs. Connell's account, or that it would be paid on Monday to Mrs. Haley's account.

WILLIAM PERRETT . I am clerk to Waterhouse and Dakin. It was the prisoner's duty to account to me for the money he received for goods sent out—he did not account for 1l. 3s. 1d. received from Mrs. Connell, or for 12s. 9 1/2 d. from Mrs. Haley.

Cross-examined. Q. When would the moneys be paid from the van-man? A. At night when he came in, or in the morning before he went out again—I do not think it ever went over till next day; it might have—we have four van-men; they all account to me—I recollect that 16l. 14s. was paid on this van bill—I do not recollect whether it was accounted for at night, or in the morning, I think most likely it was in the morning—there have occasionally been trifling errors in these way-bills—I do not recollect the prisoner having paid me more money than he was entitled to do, under the way-bill—if I had found an error, I should have returned it to him—errors occur perhaps twice a week—they may have overcharged themselves—they have credit given them for the money—receiving so many orders, and taking out so many goods, it cannot he helped.

FREDERICK HURREL . I am town-traveller to Dakin and Co. I gave the prisoner into custody on 12th Feb.—he said, "Things seem to takes a different aspect to what I expected they would have done"—at the station, he said,"Why make an example of me when others are as bad?"

Cross-examined. Q. Did you say anything to him about the house suing

him? A. I am not aware that I have—I will not swear I have not—he left our house on the 16th Dec.—I believe he called once, for the purpose of enforcing a settlement on the way-bill.

NOT GUILTY .

Reference Number: t18490409-828

828. GEORGE DAVIS , stealing 1 handkerchief, value 1s.; the goods of George William Woodley Mason, from his person: to which he pleaded

GUILTY . Aged 16.— Confined Six Months.

Reference Number: t18490409-829

829. THOMAS MAJOR NORGROVE , stealing 3 half-sovereigns, 4 half-crowns, and 3 sixpences; the moneys of Edwin Dipple, his master: to which he pleaded

GUILTY . Aged 16.— Confined Four Months.

Reference Number: t18490409-830

830. THOMAS RANSLEY , stealing 1 shilling, 1 sixpence, 1 penny and 2 halfpence; the moneys of James East, his master.

JAMES EAST . I keep a public-house at West Drayton. The prisoner was in my service—I marked some money, and put it into my till, on the night of 30th March—it was safe at six o'clock next morning—I concealed myself in the bar—the prisoner came in, went to the till, and took out a sixpence—I was not two rods from him—he came towards where I was—he then turned back, went to a till and took out some halfpence.—he went into the tap-room—I called him twice; he did not answer—I called him to the bar, and said, "You have robbed me"—he said, "No"—I said, "You have"—he said, "If you will forgive me, I will tell you what I have done with your cheroots,"—I did not say I would—I saw this money found on him, which I had marked over night—it is mine.

Cross-examined by MR. BALLANTINE. Q. You marked this sixpence yourself? A. Yes; with a cross on the head—the prisoner had been in my service about five weeks—I know his parents well; they are decent people.

JOSEPH HENRY TAYLOR (policeman, T 115.) I was called to Mr. East's, on 31st March—I took the prisoner, and found 9d. in his left waistcoat pocket; 8d. of it was marked.

(The prisoner received a good character.)

GUILTY . Aged 18.—Recommended to mercy by the Jury.— Confined Two Months.

Reference Number: t18490409-831

831. JOHN DISMORE and THOMAS LLOYD , stealing 120lbs. weight of iron, value 3s. 6d.: the goods of George Crawshay and another.

WILLIAM BLEACH (City-policeman, 363). On 24th March, about half-past six o'clock in the evening, I was at Paul's Wharf—I saw Dismore on a barge, and Lloyd standing by the side of. it—Dismore took a bit of iron out of the barge, passed it to Lloyd, and Lloyd went away from the barge with about 112lbs. of iron—he put it by the side of the pier, and covered it with a bag—I went to get assistance, came back and took Dismore—Lloyd escaped; I took him on 3d April.

Cross-examined by MR. BALLANTINE. Q. Where was the iron? A. I found one piece in a basket in Disraore's hand—I knew Lloyd before.

STEPHEN RUDD . I am private watchman to George Hawkes and George Crawshay, at Paul's Wharf, Upper Thames-street. When I came on duty that night I saw the prisoners in company—I had to stop to lock the gates, and in the meantime they had done the robbery—I saw Dismore after the officer had taken him.

Cross-examined. Q. You were out of the way when this robbery was committed? A. I had not gone on duty—I have been private watchman twenty-five years.

GEORGE DEAR . I am foreman to George Hawkes and George Crawshay;

they have no other partner in London; they have another house, which goes by the name of Hawkes, Crawshay, and Son.

NOT GUILTY .

Reference Number: t18490409-832

832. JOHN SAVAGE , stealing 2 rings and 2 screws, value 5s.; the goods of Neil M'Achery, in a vessel in a port.

JAMES PARKER . I am apprentice on board a barque lying in the East London Dock. On 29th March I saw the prisoner on board—there were about twenty carpenters at work, and about ten caulkers—it is a large vessel—I saw the prisoner unscrewing a ring out of the binnacle; I thought he was at work—he went and spoke to a gentleman, and then returned to the binnacle, and unscrewed the other ring—I went to speak to a carpenter, and the prisoner went off—I saw him again on the Monday, and spoke to him about the rings—he said he knew nothing about them—the captain's name is Neil M'Achery—the owners are George Smith and three sons.

GEORGE LANGIIAM (policeman, H 99). I took the prisoner—I told him he was charged with taking the brass rings and screws—he said he knew nothing about them—the captain gave his name M'Ceachery.

NOT GUILTY .

OLD COURT.—Tuesday, April 10th, 1849.

PRESENT—Mr. Ald. GIBBS; MR. RECORDER; and Mr. Ald. WILLIAM HUNTER.

Before Mr. Recorder and the Second Jury.

Reference Number: t18490409-833

833. HENRY CORBISHLEY , stealing 10 sovereigns; the moneys of Ebenezer Corbishley, in his dwelling-house; having been before convicted: to which he pleaded

GUILTY . Aged 19.— Confined Fifteen Months.

(The prisoner's father, a Dissenting minister, stated that every effort had been made to reclaim him, without effect.)

Reference Number: t18490409-834

834. HENRY MYERS , unlawfully rescuing a person unknown, charged with felony: to which he pleaded

GUILTY . Aged 15.— Confined Six Months.

Reference Number: t18490409-835

835. DAVID LAW , wilful and corrupt perjury

NOT GUILTY .

Reference Number: t18490409-836

836. JOHN SMITH , stealing 1 dressing-case, 2 eye-glasses, and other articles, value 37l. 4s.; 10 sovereigns and 1 guinea; and 8 coins, value 4s. 10d.; the goods of Frederick Sutton, in the dwelling-house of Elizabeth Matts, and afterwards burglariously breaking out of the same.

MR. RYLAND conducted the Prosecution.

WILLIAM GORMAN (City-policeman, 436). On Friday, 9th March, about half-past five o'clock in the morning, I was on duty in Priest-court, Foster-lane, and saw the prisoner come over a wall in the rear of the Rose and Crown—I took him by the collar, and asked what made him come over the wall—he said it was all right; he had slept there that night—I said I would ring the bell, and see the landlord—I rang it, and he struggled to get away, and bit my hands several times; he then got me down, got my thumb into his mouth, and bit it to the bone—he kept it there about a minute and a half; he then hit my head against the flagstone, and cut it—he got away—I got up, and overtook him by the Post-office gates—a postman came to my assistance, and I took him to the station—I went to the Rose and Crown, then returned, and searched the prisoner, and found on him 1s., a pair of gloves, and a handkerchief.

Cross-examined by MR. COOPER. Q. Was he sober? A. Yes—the, wall is about thirteen feet high.

FREDERICK SUTTON . I manage the business of Elizabeth Matts, a widow, of the Fountain Inn, which is in the parish of St. Leonard-Foster. On 9th March I was awoke, and went down to the prisoner's room; he had slept in the house that night—he was not there; there was a bunch of keys in his bed—I missed this dressing-case (produced), and watch, gold chain, and seal, from my bed-room, which was one flight of stairs above his—I have not seen the watch since—the dressing-case contained ten sovereigns, a guinea, seven silver coins, two gold eye-glasses, and other things—I found them all in it—the lock had been tried, but not forced—the prisoner went to bed at ten, and I at two o'clock—I found the landing-window open at six next morning—I had fastened it the night before; it must have been opened from the inside—a person could get down the water-spout from there, and over the wall into Priest-court.

Cross-examined. Q. How does the window fasten? A. By a snap at the top—a commercial-traveller and a horse-dealer slept in the house as well—they were both there in the morning—I had never seen the prisoner before—he came and said he was captain of a vessel having business at the Post-office, and wanted a bed—he must have come into the room where I and my wife were asleep—the door was not locked.

MARY ANN SUTTON . I am the daughter of last witness. These keys are mine; I saw them found in the prisoner's bed; they had been in a drawer in my bed-room, at the top of the house—any one could have come in and taken them—my door was not locked.

Cross-examined. Q. Are you sure they were there? A. Yes.

CHARLES THOMAS SUTTON . I am the brother of last witness, and lived at the Fountain. I searched the churchyard, and found this dressing-case behind some flower-pots, and gave it to the policeman.

WILLIAM SHEPHERD, SEN . I live at 6, Priest-court. I was aroused, looked out of the window, and saw the prisoner and policeman tussling—I called to him to spring his rattle, went down to his assistance, and then heard them running down the court—I overtook them near the Post-office—on the way back, the policeman's hat and part of his lantern were lying there, and the prisoner said, "D----n you, I would have cooked you if I had got----"and then stopped.

WILLIAM SHEPHERD, JUN . I live with my father, at 6, Priest-court. I saw the scuffle, and saw the prisoner brought back with something in his hand.

GUILTY . Aged 32.— Transported for Ten Years.

Reference Number: t18490409-837

837. HENRY DUGARD , breaking and entering the dwelling-house of John Kendle, and stealing 1 gun, 1 pistol, and other articles, value 21l. 12s.; his goods.

MR. THOMAS CHAMBERS conducted the Prosecution.

JOHN KENDLE . I took a contract under the Northern and Eastern Railway Company from Edmonton to Enfield, and while the work was going on, lived in Edmonton parish. The prisoner was in my service as time-keeper two or three months; he has been a butcher—his brother has been in the employ of the railway six or seven years—on 14th Feb. I went to Witham, in Essex, and told the prisoner I very probably should not be back till next morning—his brother was present—I left the house secure, but empty—I got back from Witham that night about ten o'clock—there was something the matter with the lock, and I could not get in, and I slept at a public-house—next morning I found my kitchen-door on the latch, a pair of my trowsers were on the landing, and the house had been ransacked—I missed a gun, pistol, spirit-level, and other things—I had moved my money; I sometimes have 400l. in the house—the prisoner had access to the down-stairs part of the

house, and knew the ways of the house—he has been present when I paid the men, and knew that I kept money by me—his brother has escaped.

HENRY NOVELL . I am a labourer, and live at Edmonton. I was working for Mr. Winder, and have worked with the prisoner on the Edmonton and Enfield Railway—I passed Mr. Kendle's house on the evening of 14th Feb., at half-past six o'clock, and saw the prisoner walking backwards and forwards before the house—I knew him well—I came back about seven; he was then in the garden, a few feet from the house, he could see everybody who came to the house—I saw him again half an hour afterwards, walking in the garden close to the house.

Prisoner. Q. There is no gate; is it not all open to the road? A. No,

WILLIAM SOUTHWELL . I am a gentleman, living at Edmonton. On 14th Feb., about a quarter past six o'clock, I saw the prisoner about ten yards from Mr. Kendle's house, walking backwards and forwards, as if keeping a look out, for about a quarter of an hour—he was smoking a cigar, and I took out one, and said, "Will you oblige me with a light?" and he gave me one.

ELIZABETH HOLMES . On 14th Feb., about seven o'clock in the evening, I went to call on Mr. Kendle, I knocked three times, but could get no answer, and went to the back of the house, but did not go to the door for fear of the dog—I saw a very clear light in the house—the prisoner was close to the front steps—he looked at me very hard for some time—I had seen him before—I do not think he knew me—I said nothing to him—when I left the back of the house he walked before me—I left him there, and returned home.

THOMAS HILLIER (policeman, N 305). The prisoner was in my charge—he made a statement to me—I said nothing to induce him to make it—he said his brother went to London the Sunday before, and got four men to come down and rob Mr. Kendle's house, and on the Wednesday morning they came down and robbed the house while he stood outside—that after they had done it his brother fetched him, and they went down the road, and found the four men, and his brother held a pistol to his head, and told him he was to go and show the men the way to the Ponder's-end railway station, and he went and then left them, and came home—he said Passey was one of the men, and he did not know the names of the others—after he was committed, he told me if there had been any money I should not have found him, that it was not goods they went for, but money.

Prisoner's Defence (written). I have a brother, at variance with my employer some time; he said he would do my employer some private injury; that he would go to London, and get some one to "crack the crib;" I did not know what he meant by those words; on the Tuesday he came to my employer, and asked him for a half-crown, and then went to London, but came home that night, about half-past ten o'clock, and never spoke to me that night, nor the next morning; I went to my work as usual; I went to Enfield, and then came back to Edmonton; I saw my brother, who asked me where my employer was, for he wanted all his money; I told him he would be there directly; my employer shortly afterwards came, and gave my brother his money; my brother then went into the Cross Keys, at Edmonton, and had something to drink, where I left my brother drinking; I then went to Enfield, and back to Edmonton, and then home to tea about five o'clock; I saw four strange men standing by the King's Head, but did not take any notice of them, as they were strangers; I came out from tea about six, and then went to the Cross Keys, and there stopped till a quarter to eight; on coming out at that time I saw my brother standing on the cross-road, on the railway—he said, "I want you;" he then took me by the Crescent to a lane leading to the Marsh-lane, where I saw four men with two bundles and

a carpet-bag, a double-barrelled gun and a pistol; my brother then left me with them, and one of them said, "We have cracked that crib that your brother was talking about;"and one of them said, "If you say anything about it I will shoot you," and presented a pistol to my ear; being in such a lonely place I did not like to say anything to them, and walked with them to Ponder's-end station; one of them asked what time the train went, and the porter replied, "Ten minutes past ten;" two of them would not wait for the train, but the other two did; they called for a pot of half-and-half at the public-house near the railway-station, of which I partook; I then left them at the railway-station, and went home about ten o'clock; the next morning, a man came and called me up about half-past six; he said, if I said anything about what took place last night, I should be killed, as I was in the habit of going about the railway; I went to my work, and did not take any notice of it, as I did not know what to do.

JOHN KENDLE re-examined. The prisoner was in a better situation than his brother—his brother in about thirty years of age—we have not traced any of the property—two or three persons went up by the train, with two bundles, a carpet bag, and a gun—it was not the prisoner's business to watch my house—he lived about two hundred yards off,

GUILTY . Aged 21.—Recommended to mercy by the Prosecutor and Jury, believing him to have acted under the influence of his brother.— Confined One Year.

Reference Number: t18490409-838

838. THOMAS WEBB , stealing 1 hat, value 5s. 6d.; the goods, of Thomas Cowley: to which he pleaded

GUILTY .* Aged 21— Confined Six Months.

Reference Number: t18490409-839

839. SARAH WARNER , stealing 5 shillings and 8 sixpences; the moneys of Thomas Sadler, her master: to which she pleaded

GUILTY .— Confined Four Months

Reference Number: t18490409-840

840. JOHN TURNBULL , stealing 5 table-cloths, 14 napkins, 1 towel and 1 blanket, value 3l.; the goods of Sir George Edmund Nugent, Bart.: to which he pleaded

GUILTY . Aged 42.— Transported for Seven Years ,

Reference Number: t18490409-841

841. GEORGE MATTHEWS , stealing 1 gun and 1 horsecloth, value 22s.; the goods of William Duckworth; having been before convicted: to which he pleaded

GUILTY .* Aged 18.— Confined One Year.

Reference Number: t18490409-842

842. CHARLES PARKER , stealing 120 handkerchiefs, value 5l. 15s.; the goods of Nicholas Mason and others, his masters; having been before convicted: to which he pleaded

GUILTY . Aged 30.— Confined One Year.

Reference Number: t18490409-843

843. MARY ANN MASON and JOHN O'CONNOR , stealing 1 yard of cloth, value 8d.; the goods of Joseph Bowman and another: to which

O'CONNOR pleaded

GUILTY . Aged 20.— Confined Four Months

No evidence was offered against

MASON, who was ACQUITTED .

Reference Number: t18490409-844

844. JOHN GEORGE BECKETT , embezzling 47l. 9s. 9d. 1l. 2.; the moneys of Henry Watson and others, his masters: to which he pleaded

GUILTY . Aged 19.— Confined One Year.

Reference Number: t18490409-845

845. WILLIAM BURTON , stealing 1 watch, value 4l.; the goods of John Kent: to which he pleaded

GUILTY . Aged 49.— Confined One Year.

(There was another indictment against the prisoner.)

Reference Number: t18490409-846

846. WILLIAM JACKSON , stealing 1 Saw, value 6s.; the goods of William Putterill: to which he pleaded

GUILTY . Aged 40.— Confined Three Months.

Reference Number: t18490409-847

847. CHARLES PREECE, stealing 1 watch, 1 chain, 1 seal, and 2 keys, value 4l. 3s.; the goods of John Henry Cornish; having been before convicted: to which he pleaded

GUILTY . Aged 26.—Recommended to mercy.— Confined Two Years.

NEW COURT.—Tuesday, April 10th, 1849.

PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. Ald. CARDEN; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Sixth Jury.

Reference Number: t18490409-848

848. THOMAS PEACH , stealing 27 bags, and 23lbs. weight of tea, value 5l. 8s. 6d.; of Thomas Rawlinson, his master: to which he pleaded

GUILTY . Aged 49.— Confined Eighteen Months.

Reference Number: t18490409-849

849. JOHN JONES , stealing 1 handkerchief, value 2s.; the goods of Charles Frederick Long, from his person: to which he pleaded

GUILTY . Aged 19.— Confined Three Months.

Reference Number: t18490409-850

850. FREDERICK AUGUSTUS FARRAN , stealing 448lbs. Weight of tartarate of soda, value 14l.; the goods of James Drew and others, his masters: to which be pleaded

GUILTY . Aged 28.—Recommended to mercy by the Prosecutor.— Confined Two Days.

Reference Number: t18490409-851

851. WILLIAM RICHARDSON , unlawfully uttering counterfeit coin.

MESSRS. ELLIS and BODKIN conducted the Prosecution,

ANN SMITH . My husband, John Smith, kept the Golden Anchor. On 13th March, the prisoner came to my house about dusk—he had something to drink, and paid me with a five-shilling piece—I put it into the till—there was no other crown there—the prisoner took his change and went away—in about half an hour my husband came in, went to the till and looked at the crown-piece—he put it away into a little box by itself, which was put in the inner bar—no one serves in the bar but my husband and I—on Friday, 16th March, the prisoner came again, about the same time in the evening—he had something to drink—he paid for it with a half-crown—I sounded it (I sound all money)—I believed it to be good, and put it into the till—I gave him 2s. 4d. change—I did not say anything to him about the former transaction, because we thought if he did not come again we would let it pass—there was no other half-crown in the till—my husband came and looked at it, broke it to pieces, and put the pieces in the same box where the crown-piece was—on 24th March, the prisoner came again, about the same time—he had some gin, and gave me a half-crown in payment—my husband was in the inner bar—I took the half-crown to him—we considered at first that it was a good one, and I gave the prisoner change—just as he left the house my husband altered his mind about the half-crown, and went in pursuit of the prisoner with it—a day or two afterwards I saw my husband take the crown-piece and the pieces of the half-crown out of the box, and give them to the police-constable.

Cross-examined by MR. PAYNE. Q. On the last occasion your husband was asleep in the inner bar? A. Yes; I awoke him, and he looked at

the half-crown—I had no personal acquaintance with the prisoner before he gave the crown-piece—ours is not a large business—I see a good many people—I do not recollect the person who came in immediately before the prisoner, or immediately after—there were a great many in the bar—though I knew he was the man who passed the crown on the first occasion, I let him go on the second, and on the third occasion I left it to my husband.

JOHN SMITH . I am the husband of Ann Smith—I did keep the Golden Anchor—I have now sold it—on 13th March I found a bad crown in the till—I took it out, and put it in a box on the mantel-piece—I finally gave it to the policeman—that was the only crown in the till or box—on 16th March I found a bad half-crown in the till—it was the only one there—I broke it in pieces with my teeth, and put the pieces into the little box with the other—on 24th March I was asleep in the inner bar—my wife brought me a half-crown—I looked at it, and rung it, and thought it was good—I then looked round, saw the prisoner, and I re-examined the half-crown, and rubbed it—I found it was bad, but my wife had then given him the change, and he was gone—I took the half-crown to the station, and gave it to inspector Brannan—I afterwards gave the crown-piece to Harvey, and the broken pieces of the half-crown to another officer—the prisoner was taken into custody on the 26th—he wanted to know what it was for—I said he was the man that passed bad money at my house—he said he was not the man that I represented—I am sure he is the person.

Cross-examined. Q. You rung the half-crown the first time and thought it good? A. Yes; but the second time I rubbed it, and ascertained what it was—there is a partition between my inner bar and the outer bar—there is a doorway in the partition—I saw him through the glass—I do not know how many persons were in the bar.

JOHN WARING (policeman, G 86). I took the prisoner into custody in Goswell-street, on Monday, 26th March—I think his father was with him—I told him he was charged with uttering counterfeit coin—he said I must be mistaken—Mr. Smith came up and gave him into custody—he told him he was at his house—he said he must be mistaken in the person—I produce the pieces of a bad half-crown which I got from Mr. Smith.

JAMES BRANNAN (police-inspector). I produce a bad half-crown, which I received from Mr. Smith on Saturday night, 24th March.

JOHN HARVBY (policeman, G 118). I produce a crown which I received from Mr. Smith.

CALEB EDWARD POWELL . I am inspector of coin to the Royal Mint—this crown and half-crown are counterfeit, and these are the pieces of another counterfeit half-crown.

GUILTY .* Aged 28.— Confined Two Years.

Reference Number: t18490409-852

852. SARAH ALDRIDGE and JULIA WILLIAMS were indicted for a like offence.

THOMAS SPOKES . I am in the employ of Mr. Bedson, who keeps a pork-shop at Kensington. On Friday afternoon, 23d Feb., the prisoners came into the shop—Aldridge called for two pork-pies, which came to fourpence—she gave me a half-crown—I put it into the till, and gave her 2s. 2d. change—there was no other silver in the till—my master came in in about three-quarters of an hour, and went to the till—the half-crown was afterwards shown me again by my master—I put it into my-pocket—about half-past seven o'clock the same evening I saw the two prisoners pass our door—I followed them and gave them to an officer—I gave him the same half-crown I received from my master—I had not left the shop, or lost sight of the till, for a moment.

WILLIAM BEDSON . I am a pork-butcher at Kensington. On 23d Feb.

I took a half-crown out of the till—I gave it to my servant, Mary Elgin, to go to the baker's for two quartern loaves—she came back and gave me a half-crown—I looked at it and found that it was bad—I called Spokes and gave it him.

MARY ELGIN . I am servant to Mr. Benson—I got a half-crown from him on 23d Feb.—I went for some bread—I brought the same half-crown back to him directly.

JOHN THOMAS JONES . I keep the Hand and Flower in Hammersmith—road, which is about half a mile from Mr. Benson's. On 23d Feb., about half-past seven o'clock the two prisoners came to my house—Williams asked for half a quartern of gin—she gave me a shilling—I found it was bad, and I told her so—she said, "Never mind, I must pay for it"—Aldridge gave me a good shilling—Williams wanted me to give the bad shilling back—I said "No, I shall break it"—I broke it before their faces, and they went away—I saw Wright afterwards, and in consequence of what he said, I gave him the pieces of the broken shilling.

WILLIAM WRIGHT . I went to Mr. Jones, and he showed me a broken shilling—I kept the pieces till the next morning—I returned the same two pieces to him, and saw them handed to the constable.

JOHN JONES . I am barman at the Holland Arms. On 23d Feb. the two prisoners came in for a quartern of gin and shrub—Williams paid for it with a counterfeit shilling—I told her it was bad—she said it was all she had, and therefore she could not have the liquor—I let her have the shilling back—she broke it herself into three pieces.

Williams. Q. How do you know me? A. By your appearance—I am certain you are the parties.

WILLIAM LETCHMERE GAMMOND (policeman, T 77). On Friday night 23d Feb., in consequence of what Spokes told me, I took Aldridge into custody in High-street, Kensington—he sated that he gave her into custody for passing a counterfeit half-crown at his master's—when Aldridge was in custody, I went out, and brought in Williams—I produce the half-crown which I received from Spokes, and the parts of the shilling which I received from Mr. Jones at the Hand and Flower—I have 3s. 10 1/2 d., which was claimed by Aldridge, and this basket, which she was carrying when she was taken—it has in it a piece of paper with the impression of a pork pie on it.

CALEB EDWARD POWELL . These are the broken pieces of a counterfeit shilling, and this is a counterfeit half-crown.

Aldridge's Defence. I never was in the pork-butcher's shop in my life.

Williams's Defence. The only shop that I went into was Mr. Jones's; it was not a bad shilling that I gave him; he took it up and put it into the till; then he said it was bad, and he gave it to a man who looked at it; and what became of it afterwards I don't know; that paper we brought from home.

ALDRIDGE— GUILTY . Aged 22.

WILLIAMS— GUILTY . Aged 19.

Confined Three Months.

Reference Number: t18490409-853

853. THOMAS NOWELL was indicted for a like offence.

JOHN HOPKINS . I keep a beer-shop. On Sunday, 11th March, the prisoner came and had something to drink—he gave me a 5s.-piece—I gave him 4s. 10d. change—I put the crown into the till, and into a bag at night—there was no other crown in the till or in the bag—next day the prisoner came again—I cannot say what he had, but he paid me for it with a crown-piece, which I put into the till—there was no other crown there—I put it at night into the same bag with the other crown—there was only those two crowns there—on Wednesday 14th March, the prisoner came

again—he had something to drink and paid me with another crown, which I put into the till, and put it into the bag at night where the other two crowns were—there were no other crowns there. On the Friday I went to pay my brewer for my beer, and discovered that the three crowns were bad—I gave one of them to the officer Chinn and the others to Boardman—I am sure they were the crowns I received from the prisoner.

Prisoner. I have witnesses to prove that I was not the person. Witness. I am positive that he is—I asked him, thinking he was a tailor, if he knew a man named Conner that I had lived with, and he said he did.

CHARLES CHINN (policeman, A 255). I produce a crown which I received from Mr. Hopkins.

GEORGE BOARDMAN (policeman, E 16). I produce two crown-pieces which I received from Mr. Hopkins.

WILLIAM SAUNDERS . I am a chandler, in Hertford-street, Fitzroy-square. On Wednesday, 21st March, the prisoner came to my shop about two o'clock for a loaf and some other things, which came to 9 3l. 4d.—he gave me a bad 5s.-piece—I cut a piece out of it, and went round to the street door—I asked my wife if she would get change for a crown-piece—when she came to the door I said to the prisoner, "I shall give you in charge; you know this Is a base crown-piece"—he made a rush, and pushed my wife against the door, and ran out—I ran and called, "Stop thief!"—he was taken—I gave the crown to the policeman.

GEORGE DAVIS (policeman, E 29). I took the prisoner—I received this crown from Mr. Saunders.

CALEB EDWARD POWELL . These four crowns are all counterfeit, and cast in the same mould.

Prisoner's Defence, On the 12th I went to Mr. Hopkins's, and gave him a sixpence; on the Monday I went and had a glass of ale; I gave him 2d.; I afterwards met a young man, and went and had a glass of ale and a glass of stout, which he paid for—I have never been in his house since the Monday night.

Witness for the Defence.

CHARLOTTE BROWN . I am the wife of William Brown, a bricklayer and plasterer—he is in the country—I live in Southampton-street, Euston-square.

On the Sunday the prisoner was not out all day—he was repairing a coat and making a pair of trowsers, and in the afternoon he went to lie down—I went into his room, and said to his mother, "Is Tom gone to bed?"—she said, "Yes."

Cross-examined by MR. ELLIS. Q. How many Sundays is that ago? A. Three—he is a tailor by trade.

Prisoner. I received the crown that I tendered to Mr. Saunders two hours before not knowing it was a bad one.

GUILTY . Aged 24.— Confined Eighteen Months ,

Reference Number: t18490409-854

854. JAMES STEWART was indicted for a like offence.

MR. BODKIN conducted the Prosecution,

CHARITY LONDON GENT . I am niece to Mr. Scott, who keeps a beer-shop near Chiswell-street. On 8th March the prisoner came for half a pint of beer, and gave me a shilling—I gave him a sixpence and fivepence in change—I noticed the shilling he gave me was a Victoria—I put it into the till—there were four other shillings there of George III.—in two or three minutes afterwards my attention was called to the money in the till, and I found only one Victoria shilling—I gave Hawkins that shilling—it was the one I took of the prisoner.

EDWARD SCOTT . I am uncle of last witness. Hawkins came into my shop with the prisoner in custody—I saw my niece take the shilling from the till—I looked at it—it was bad—it was a Victoria—I gave it to the officer—there were four other shillings in the till, which I have in my pocket now—they were all George the Third's.

JAMES HAWKINS (policeman, G 191). On 8th March, at a little before nine o'clock, I saw the prisoner loitering in a doorway in Chiswell-street—in half an hour afterwards I saw him again run out of Mr. Scott's house—I stopped him, and asked him what he had been in there for—he said for half a pint of beer—I took him into the beer-shop—I saw the shilling taken from the till—it was given to the sergeant—I saw the sergeant take a paper from the prisoner's waistcoat pocket, containing four counterfeit shillings—a sixpence and fivepence was taken from the prisoner—he said he found the paper near Gray's-inn-lane.

Prisoner. You know the man that gave them to me? Witness. I do not; I saw" no man.

DAVID QUARRY (police-sergeant, G 26). I was with Hawkins—I took this paper from the prisoner's pocket, containing four counterfeit shillings—I got this other shilling from Mr. Scott.

CALEB EDWARD POWELL . These shillings are all counterfeit—three of them are dated 1846, and two are dated 1849.

GUILTY . Aged 18.— Confined One Year ,

Reference Number: t18490409-855

855. ELIZABETH DYER was indicted for a like offence.

MESSRS. ELLIS and BODKIN conducted the Prosecution,

JOHN SCOYLE . I am barman at the Kentish Arms. On Friday, 16th March, about four o'clock in the afternoon, the prisoner came for some gin and spruce—it came to 1 1/2 d.—she tendered a bad half-crown—I broke it, and gave it her back—she went away.

CHARLOTTE NASH . I am a milliner, in Marchmont-street. On Friday evening, 16th March, the prisoner came and asked for the studs she had looked at in the morning—I gave them to her—she asked if I coul give her change for half-a-crown—I said I had but 1s. 6d. and some copper—she then turned, and said she would have a shape, which came to 9d., more—she had a child with her—she at last put down a bad half-crown—I told her it was bad—she said it was good—I called my sister to go out and get change—she went out, and returned, and said, in the prisoner's hearing, that the half-crown was bad—the prisoner snatched it out of my sister's hand, and said I had put my hand into my pocket, and changed it—I had not another half-crown in the house—I sent for an officer—the prisoner then wanted to give me in charge—I gave her in charge.

Prisoner. Q. When I gave you the half-crown did you not go to the end of the shop, open a door, and go partly in and call some one down? A. No—I never went to the door—you did not ask me why I did not mark it, if I knew it was bad.

FRANCES LONG . I am the wife of Charles Long, and the sister of Charlotte Nash. On 16th March the prisoner came, and had three shirt-studs for her husband—they came to 6d.—she offered a half-crown in payment—we had no change—she said she would come in the afternoon—she came again in the afternoon—my sister gave me a half-crown—the prisoner took it from my hand—I had not lost sight of it before.

EDWARD WOOD (policeman, E 158). I was called to Miss Nash's shop—the prisoner called on me to take Nash into custody for changing the half-crown—I

said I must hear more about it first—I got this half-crown from the prisoner—I took her into custody, and Nash went with me before the Magistrate.

JAMES DYER (police-sergeant, E 23). I was at the station when the prisoner was brought in on this charge—I noticed there was something in her mouth—I went to her, and after some resistance I got this counterfeit half-crown from her mouth in two pieces.

CALEB EDWARD POWELL . These two half-crowns are counterfeit

Prisoner's Defence. I went into the shop, and looked at some studs; they had not change; I said I would call again; I called again, and gave Miss Nash a good half-crown; as she was going down the shop, she put her hand into her pocket, and gave half-a-crown to her sister; she came back, and said it was bad; I said, "Let me look at it;" she would not; I took it out of her hand, and gave it to the policeman, but that was not the one I had given to Miss Nash.

CHARLOTTE NASH re-examined. I did not change it—I had no other money in the house.

GUILTY .* Aged 24.— Confined One Year.

Reference Number: t18490409-856

856. ROBERT BISHOP was indicted for a like offence.

MESSRS. ELLIS and BODKIN conducted the Prosecution,

WILLIAM SHUM , the younger. I am the son of William Shum, a pork-butcher, in St. Luke's. On 13th March, about seven o'clock in the evening, the prisoner came for a penny saveloy—he paid me with a new shilling, which looked very white—I tried it with my mouth—I thought it was good, and put it into the further end of the till—there were two shillings and two half-crowns there, but they were in the front of the till—I gave the prisoner change, and just as he was going out the officer came in—I then looked into the till—I found the shilling in the back part, where I bad put it, apart from the other money.

Cross-examined by MR. SLEIGH. Q. Had you been serving in the shop in the previous part of the evening? A. Yes—I had taken all the money that was taken—I do not know how long the other money had been in the till—I had put this shilling seven or eight inches from the other shillings—I did not lock the till—I looked at the other shillings when I took this one out.

MR. BODKIN. Q. You shut the till, opened it again, and found the shilling at the same distance from the others that it was when you shut the drawer? A. Yes—I gave it to the officer, who came in within two seconds after the prisoner had left.

HENRY TURPIN (policeman, G 128). On 13th March I was in Bath-street, with Job Smith—I saw the prisoner—he went into Mr. Shum's shop, and put a shilling on the counter—I saw this boy give him change—he came out, and we went in—Smith took the prisoner—I asked the boy for the shilling—he took it out, and said, "This is it; I marked it with my teeth"—he marked it again, and gave it to me—this is it—I found 1s., 6d. in good money in the prisoner's pocket—I heard something drop—I saw Smith pick up one shilling, and another officer took up a paper with three bad shillings in it.

Cross-examined. Q. What took you to the shop? A. The officer, Smith, knew the prisoner; I did not—we watched him for eight or ten minutes—I took the shilling in the shop, thinking it was a bad one.

JOB SMITH (policeman). I was with the last witness—I saw the prisoner go into the shop—I took him into custody—I saw a paper fall from under his

arm, and from that paper this one shilling rolled—when the paper fell, the prisoner put his foot on it, my brother officer moved his foot and took the paper; it contained three counterfeit shillings—I found a fourpenny piece, and twopence in good money, on the prisoner.

WILLIAM BISHOP (policeman, A 423). I was passing the shop, and saw the officers with the prisoner—I saw a sixpence full from him, and a paper, which I took up, and it contained three bad shillings.

CALEB EDWARD POWELL . This first shilling is counterfeit—this one which rolled from the paper is counterfeit, and from the same mould as the first—these other three are counterfeit, and one of them is from the sane mould—these other two are counterfeit, and from one mould.

(The prisoner received a good character.)

GUILTY .* Aged 22.— Confined Eighteen Months.

Reference Number: t18490409-857

857. WILLIAM HOWARD was indicted for a like offence.

MR. ELLIS conducted the Prosecution.

GEORGE AYRES . I am a coffee-house keeper, in Chiswell-street. On Sunday, 25th Feb., about ten minutes after nine o'clock in the morning, the prisoner came and bad a cup of coffee, and a slice of bread and butter—they came to three halfpence—he gave me a shilling—I gave him change—I noticed that it was a new shilling of Victoria—I put it into the till—there was one other shilling there of George the Third—the prisoner left, and the officer came in, in about two minutes—from what he said, I took out the shilling which I had received from the prisoner—I cut a piece out of it, bent it, and gave it to the officer.

Prisoner. I was never in your house in my life. Witness. I have so doubt about him—I had never seen him before.

JOHN HARVEY (policeman, G 118). I was on duty on 25th Feb.—I saw the prisoner in company with another person—the prisoner went into Mr. Hare's shop, and came out in three or four minutes—I went in and got this shilling—next day I saw the prisoner near the Green-gate—I pointed him out to Brannan—he resisted—Brannan took three shillings out of his hand.

Prisoner. Q. When you saw me come out of the shop, why did you not take me then? A. I wanted to go in first to see what you bad done—you went in, the other was outside—you had the same dress you have on now, except a red handkerchief.

JAMES BRANNAN . On 26th Feb. I saw the prisoner at the corner of Bath-street, City-road—Harvey spoke to me—I went to the prisoner, and told him I belonged to the police, and asked what he bad about him—he pot his hand in his pocket—I seized his hand, and with some difficulty I got from it this paper containing three counterfeit shillings, with paper between each shilling.

Prisoner. Q. Did not I say they belonged to a young man? A. No; you said not a word about any young man.

CALEB EDWARD POWELL . These four shillings are all counterfeit, and all from the same mould.

Prisoner's Defence. I never was in the prosecutor's house in my life; the young man that was with me went in; he came out and bid me good morning; I met him again the next morning; I told him I was going to the rail-road; he said, "Come with me to the City-road;" he put this paper into my hand, and told me to take care of it, and the officer came and took me.

GUILTY . Aged 37.— Confined One Year.

Reference Number: t18490409-858

858. WILLIAM SEWARD was indicted for a like offence.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

MARY ANN PINKSTONE . I am housekeeper to Mr. Dickeson, of the Exeter-hall hotel, in the Strand. On 11th March the prisoner came to the hotel—he asked for a pint of ale; it came to fivepence—he offered me a half-crown—I took it up, put it to my mouth and tried it—I found it was bad—I gave it to Mr. Dickeson—I told the prisoner it was bad—he made no comment; he gave me a good half-crown.

Cross-examined by MR. PAYNE. Q. You were not examined before the Magistrate? A. I was not; the prisoner went away—I told him not to come again.

WILLIAM DICKESON . I received the half-crown from my housekeeper—I tried to break it in two with a key, and I could not—I took it into the kitchen, chopped it in halves, and threw the pieces on the counter—the prisoner picked up one, and my brother the other—he is not here; he is ill.

Cross-examined. Q. He was examined before the Magistrate? A. Yes; and I was not—I was in the coffee-room at the time the prisoner tendered the half-crown—I was standing by the side of the counter when the prisoner took up one of the pieces.

JOHN THOMAS STEEL . I am a messenger in Exeter-hall. I was in the Exeter hotel on the night of 11th March—I saw the prisoner standing close to the bar at the Exeter-street door—he asked me if I did not think it was a bad job that his money happened to turn out to be a bad half-crown—I told him as the landlord and landlady had taken so many lately, it behoved them to keep their eyes open, and that I should do the same if I were in their place—the prisoner paid for what he had and went away—I followed him; he went out of the Exeter-street door, and went straight towards the City—the first street he came to was Savoy-street—he just turned the corner, and he had hardly time to say "Jack" to a man he met—they joined company, and went straight up the Strand towards the City, and I after them, till they got to Lombard-street—they stopped about two minutes—they went to a court and stopped about one minute, and then the prisoner went into the court, and into the Woolpack tavern—the other man went away—I gave information immediately to an officer—I went into the Woolpack after the prisoner had been taken back there by the officer—I asked the prisoner if he knew me—he said "Oh dear no"—I said, "You do not recollect seeing me in the Exeter hotel"—he said, "No"—I had the half of the half-crown which Mr. Dickeson's brother had put into my band—I held it up, and said, "Do you know this?"—he said, "Oh dear no;"he knew nothing of it.

Cross-examined. Q. To whom are you messenger at Exeter-hall? A. To Mr. Stammers—he engages the hall once a week—I am messenger for the Wednesday evening concerts—I gave the prisoner into custody because I knew he was telling falsehoods when he said he did not know it was bad, and I might have gone to the hotel for change for my employer, and it stands to reason that I might have got this bad money—I gave the prisoner in charge because he had passed one bad half-crown, and he had gone to the Woolpack to pass another—I told the policeman to be on the alert—I put the policeman on guard, and when the prisoner came out I pointed him out to the policeman—that was before I had been into the Woolpack, but the waiter had run out just after the prisoner had come out, and the waiter said it was a bad one—I did not have the prisoner taken before I knew that he had done anything wrong at the Woolpack—I knew it from the waiter's mouth.

MR. BODKIN. Q. Are you only employed at Exeter-hall on Wednesday? A. Yes, the whole of the week; but our business ends on Wednesday.

JANE DRING . I am bar-maid at the Woolpack, in St. Peter's-alley, Corn-hill. The prisoner came there on 19th March, at a quarter before ten in the evening—he asked for three pennyworth of pale brandy—I told him we could not make less than four penny worth—he said, "Very well"—I served him, and he gave me a bad half-crown—I put it into the till where there was no other—I gave him change, and he went away—I had some communication with the waiter—I found that the half-crown was bad—I saw him give it to the policeman—the prisoner was brought in again in about five minutes by the policeman.

Cross-examined. Q. Had you ever seen him before? A. No—he was in the place for about five minutes—the waiter spoke to me, and looked at the half-crown—he bent it, he kept it, and gave it to the policeman—the waiter is not here—he was bending it when the policeman came in—he kept it in his hand, and he was in the bar—neither the waiter nor the half-crown were out of my sight.

WILLIAM ELSTON (City police-constable, 530). On 19th March I received information from Steel, in consequence of which I followed the prisoner to St. Peter's-alley, Cornhill—there was another man in his company—the prisoner went into the Woolpack; the other man walked on to Cornhill—I afterwards took the prisoner into custody—I took him to the Woolpack, and then to the station—I found on him a good half-crown, two shillings, and twopence—I received a bad half-crown from the waiter at the Woolpack, and half of a half-crown from Steel.

Cross-examined. Q. Steel spoke to you before you went into the Woolpack? A. Yes—I then saw the prisoner go into the Woolpack—he then came out, and I and Steel went after him, and took him in Cornhill—I took him back to the Woolpack, and the bar-maid said he had passed a bad half-crown—I had called the waiter to the door, and told him to be careful is what he took of the prisoner.

MR. BODKIN. Q. When was it you had any communication with the waiter? A. I called out the waiter when the prisoner had gone in—I told him to be particular as to what the prisoner passed—I afterwards learned that bad money had been passed there before I took the prisoner into custody.

Cross-examined. Q. Who did you learn it from? A. The waiter.

CALEB EDWARD POWELL . This half-crown, and part of a half-crown, are bothcounterfeit; and I observe marks from which I have no doubt that they were cast in the same mould.

GUILTY . Aged 25.— Confined One Year.

Reference Number: t18490409-859

859. JOHN POWELL and ELIZABETH POWELL , unlawfully having counterfeit coin in their possession.

NOT GUILTY .

OLD COURT.—Wednesday, April 11th, 1849.

PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice WIGHTMAN; Mr. Ald. GIBBS; Mr. Ald. CHALLIS; and EDWARD BULLOCK, Esq.

Before Edward Bullock, Esq., and the Third Jury,

Reference Number: t18490409-860

860. JANE GOULD , feloniously setting fire to a stack of oats, with intent to injure John Meacock; to which she pleaded

GUILTY . Aged 23— Transported for Seven Years.

Reference Number: t18490409-861

861. THOMAS WHITE HARRIS , feloniously uttering a forged request for the delivery of 2 shawls and other goods, with intent to defraud Andrew Caldecott and others: to which he pleaded

GUILTY . Aged 85.— Transported for Seven Years.

Reference Number: t18490409-862

862. JOHN HOLMES and JOHN BARNES , burglariously breaking and entering the dwelling-house of Thomas Thornborrow Fawcett, and stealing therein 96 handkerchiefs, value 5l.17s., his property: to which

HOLMES pleaded— GUILTY . Aged 20.

BARNES pleaded— GUILTY . Aged 32.

Transported for Ten Years.

Reference Number: t18490409-863

863. SARAH BAKER , breaking and entering the dwelling-house of Samuel Tapping, and stealing 1 ring, value 10s.; 13 half-crowns, and 8s. his property.

ELIZA TAPPING . I am the wife of Samuel Tapping, who lives at Hounslow, in the parish of Heston. On 3d Oct. I came home a little after five o'clock, and found the back bed-room window had been broken open—when I went to work in the morning I left it safe, and the rest of the house locked up—I missed from the table-drawer a ring, which I had seen safe on the Monday—the drawer was not locked—I found a box unlocked which I had left locked—I missed from it thirteen half-crowns, and 8s., which I had seen safe on the Monday—the key of the box was in the drawer with the ring—I know the prisoner; she used to come to my house frequently—this is the ring (produced).

ELIZABETH WADBY . I live at the Oak coffee-shop, in Lambeth—the prisoner is my sister. I remember seeing her on 21st Nov.—I had not seen her for near three years—she said she had no money, but she had something that would make money, and she then asked me to go with her to a pawn-broker's, which I did—she then took a ring from her finger and pledged it for 5s.—I could not swear to the ring.

Cross-examined by MR. BALLANTINE. Q. Are you sure your name is Elizabeth Wadby? A. Yes—I went by the name of Mawby when the ring. was pledged—I gave that name before the Magistrate—it was spelt wrong—I do not recollect swearing my name was Mawby—I go by that name, because I do not know whether I have a husband or not—I was married at Bethnal-green eleven years ago, to a man named Francis Wadby—my maiden name was Elizabeth Plumridge—I had been stopping with Mr. Mawby, and he allowed me to take his name; he is a painter and glazier—on 2d Oct. he had been ill some time, and was not in work—I was living with him as his wife—he is out of work now—he is living on a few shillings he has earned from his brother—I have two children, he has to support them.

WILLIAM TAYLOR . I was in the service of Mr. Dickens, a pawnbroker, of Lambeth-marsh—this ring was pledged, I cannot recollect by whom—I gave the person this duplicate (produced)—I have one that corresponds with it.

JOHN SCOTNEY (police-sergeant, T 18). I received some information, went to the prosecutrix's back bed-room, and found a square of glass had been broken, and an entrance effected—on the Thursday afterwards Mrs. Wadby produced this duplicate which Taylor has seen.

Cross-examined. Q. You had a good deal of difficulty in getting it? A. Not a great deal—she hesitated about giving it up—I told her I knew she was the person that had pawned it.

NOT GUILTY .

Before Mr. Justice Wightman

Reference Number: t18490409-864

864. JOSEPH CUSHWAY , feloniously discharging a loaded pistol at Emma Tyler, and wounding her on the left side of the head, with intent to murder her.—Other COUNTS, with intent to disfigure and do grievous bodily harm.

MESSRS. RYLAND and LAURIE conducted the Prosecution.

EMMA TYLER . I am single, and live at 5, Angel-alley, Bishopsgate-street, I have known the prisoner about six months from this time—he lives at No. 6, at the back of us. On Wednesday evening, 17th Jan., I was in Angel-alley with Eliza Graves, about seven o'clock—I saw the prisoner as he was going to the shop with some work—he came back about eight—he seemed rather angry—I asked him what time it was, and he said about eight—he asked me where I had been, and I said no further than the door—while talking to him John Sumner came by: I went to him, and was talking to him about ten minutes—the prisoner saw me talking to him, and when the conversation was over the prisoner was gone—Graves went in search of him—I followed, and found him in Skinner-street—I put his cap on his head, and he knocked it off and flung it over the wall at the back of his own house; I recovered it and took it to him—he then walked into Back-alley—I then went indoors into my own house—shortly afterwards, in consequence of what Graves said, I went out again—he had sent for me—I asked him what he wanted—he said that was his business; I should see what he wanted with me if I waited time enough—he then seized hold of my right hand—I asked what he held my hand so tight for—he said that was his business—I got my hand away, and he seized me by my dress—I kept asking him to let me go in doors; he would not—I turned my head from him, about ten minutes, to talk to Graves, and as I was going to ask him again he fired a pistol at me—he had still hold of my dress with his left hand—I saw the pistol—it was about half a yard from me—I felt that I was wounded on the side of the head—I fell down twice—Sumner came and picked me up, and when I came to my senses I found myself at the hospital.

Cross-examined by MR. WOLLETT. Q. How old are you? A. Turned sixteen; the prisoner is about nineteen, I believe—I have never gone by any other name—we have changed our names in a lark—I have been called Jemima—I first saw the prisoner about seven o'clock—he did not tell me where he was going—he had a bundle of cotton in his hand—he is in a weaver's employment—he spoke to me, and said he should be back soon-we had been on very friendly terms—I was standing outside the door when he came back—(The witness here became faint and retired.)

ELIZA GRAVES . I am single, and live at 9, Angel-alley, Bishopsgate—for some time before 17th Jan., I knew Emma Tyler, Sumner, and the prisoner; we were all intimate together—the prisoner and Tyler had been keeping company about three months—I saw Tyler and the prisoner together, on Wednesday evening, 17th Jan.—I saw Sumner come up—Tyler left the prisoner to talk to him—the prisoner did not say anything about that; he stood by while she was talking to Sumner—he seemed displeased, and went away directly into Skinner-street—I and Tyler afterwards went and found him in Skinner-street, sitting on a post—Tyler took off his cap, and he went up a place called Back-alley, and I and Tyler went indoors—I afterwards went back, and the prisoner asked me to fetch Tyler out—Tyler asked him what was the matter with him—he said that was nothing to do with her—Tyler and I then Went indoors—about ten minutes afterwards the prisoner said to me, "Go and tell Emma Tyler I want to speak to her"—I told her, and she came out—we went to the prisoner—he was then standing by our gate—he said he wanted to speak to her very particularly—she said, "Let me hear it, if you please"—he made no reply—we went to our door, and he flung his cap over into his own yard; he desired me to fetch it, I refused, and I, the

prisoner, and Tyler, then went to Tyler's window—we stood talking together for about half-an-hour, all in good-humour—I went to our gate, about half-a-yard off, and left them talking together—about half-an-hour afterwards I came back to the window—the prisoner then pulled the pistol out of his left-side coat-pocket, and immediately fired; no angry words had passed, or any thing of the sort—I did not hear anything before he pulled the pistol out—he pulled it out with his right-hand—he had let go of her dress—his left-hand was in his pocket—he did not do anything with the pistol, but put it into his pocket again—he fired it at Emma Tyler, he was then about half-a-yard from her—his left-hand had hold of Tyler's right-hand—Tyler fell down into my arms, and she bled very much from the left-side of her head—Sumner came up and assisted us, and she was carried to a doctor—the prisoner ran away—I did not see him do anything with the pistol before he ran away—I did not mean to say that he put it into his pocket as he was running away—I did not see what became of the pistol—I am fourteen years old.

Cross-examined. Q. You, the prisoner, and Tyler, were frequently in the habit of playing together? A. Yes; we were playing on this evening—Tyler pulled the prisoner's cap off in play—no angry words passed between them—I do not know what he did with the pistol after he fired it—he took it out of his pocket, then fired it at Tyler, and as he was running, put it into his pocket again; it was about ten o'clock—the neighbourhood is not very well lighted—I have said I thought the prisoner did it out of a lark—I think so still; it was all in perfect good-humour—I had never seen him with a pistol before.

JOHN SUMNER . I live at 2, Angel Alley. On 17th Jan., about seven o'clock, I saw Tyler, the prisoner, and Graves together—I had not passed them above three yards before Tyler called me—she came to me, and we were talking together ten minutes or a quarter of an hour, and while we were talking the prisoner went away—we remained two or three minutes, and then Tyler and Graves walked down, and I went after them towards Skinner-place—the prisoner was sitting on a post there—I saw Tyler take off his cap; he was going to walk away without it, when she ran after him, and gave it him back again—Tyler and Graves then went towards their own door, and I went to my own house, and after that I went out and came home about ten, and just before I got to the door, I heard the report of a pistol, or some sort of fire-arms—I heard the screams of a female—I went up immediately, and found Tyler in Graves' arms—there was blood running, but I do not know where the wound was—I took her to the doctor's, and then in a cab to the hospital.

Cross-examined. Q. Have you known the prisoner some time? A. Yes; he generally appeared in delicate health; he never appeared to be in very good health.

ROBERT MASON . I am house-surgeon at St. Bartholomew's Hospital. On Wednesday evening, 17th Jan., about half-past ten or eleven o'clock, Tyler was brought there—I examined her head, and found a gun-shot wound on the left-side, and about two inches further on there was another wound, about the same size—there was not much blood; she was very faint, the blood being stopped—the wounds, from their shape and size, were evidently caused by a bullet—the bullet appeared to have entered at the lower wound, and made its exit at the upper one, traversing about two inches under the skin; it had gone close to the bone, which was bared, but not fractured—the side of her face near the wound was scorched and blackened by the gun-powder—I probed the wound, but found no bullet—I put her Under the charge of Mrs. Osborne, the nurse, and she has been in the hospital ever since,

that has been necessary, in consequence of the state of her health; her nerves have been very much shaken—the wound of—Itself was not dangerous, but it might have been so in its consequences, if inflammation or erysipelas had arisen.

Cross-examined. Q. On which side was the wound? A. The left—it did not present any dangerous features—she was taken to the Mansion House in a cab, and was just able to give her evidence—it was a large bullet wound—I cannot say, from the fact of the bullet being found in her hair, whether it was a heavy charge or not; the hair was very thick behind—I have not sufficient knowledge of the force of a bullet to say whether, if it had been a heavy charge, it would have passed through the hair—it most have been very forcible, for it went through the scalp in one direction and out at another, and then lodged in the hair.

SUSANNAH OSBORNE . I am a nurse at St. Bartholomew's Hospital. On Wednesday night, 17th Jan., Tyler was put under my charge—next day I dressed her head, and found in her hair, above the top wound, this piece of lead, or copper, like a bullet (produced)—it was so much discoloured with the blood that I could not tell what it was—I gave it to Mr. Mason.

MR. MASON re-examined. This is the bullet I received from Mrs. Osborne.

GODFREY FOSBERY (City police-inspector). I heard of this matter on Wednesday night, about twenty minutes past eleven o'clock. About seven, next morning, I found the prisoner at his father's house—I took him into custody, and told him what it was for—he said there was nothing in the pistol but paper—I took him to the station, and on the way he said that Tyler wished him to buy another pistol to shoot her, and afterwards himself—I asked him whit he did with the pistol, and he said he threw it away, into "the ruins," which is a vacant piece of ground, near his house, where there is rubbish—I received this bullet from Mr. Mason, and this wadding, almost as hard as a bullet, was found in the cap attached to Tyler's bonnet.

AMOS MERRITT (City-policeman, 73). I searched in these "ruins," on 18th Jan., for the pistol—I made two minute searches, but did not find any pistol—I took the prisoner from the Mansion House to the Compter, after his first examination—going up Cheapside he said it was a bad job, and asked me how the girl was; I told him I understood she was very ill indeed in the hospital—he said on several occasions he had seen John Sumner and her larking together, and he did so on the previous evening, and on several other nights, and he felt very much annoyed at it; he saw them standing together that night, for about ten minutes or so, and he then left them, and went away, and soon after he met her again in the alley, and she said she wanted none of his black looks, for she did not mean to keep company with him any longer, but to go along with John Sumner; he afterwards met her in the alley along with Graves, and she asked him to go with her to London, bridge, and asked Graves to go and get her bonnet and shawl, and go with them, to throw themselves, all three, over London-bridge, which he refused to do; she then went in to get her bonnet and shawl for that purpose; they then stood together for a few minutes, and he pulled the pistol out of his pocket, but he did it merely to frighten her; he did not mean to shoot her—he said he threw the pistol into the "ruins."

Cross-examined. Q. Was he in a very weak state at the time? A. Yes—he is generally in a weak state—I do not know that he was weaker than usual; he was able to walk—I knew him before—I never knew anything against him—I understand he has been very ill since he has been in gaol—the last time I took him from the Mansion House I was obliged to take him in a cab.

MR. WOOLLETT to EMMA TYLER. Q. I think you say you have known the prisoner about six months? A. Yes—we have not been a great deal together, sometimes we have—we have often played together, and Graves also—I have seen him with a pistol—I did not know he carried it in his pocket—I cannot tell how long he has had it; I believe some time—I have seen him fire it—he has held it before me—he is generally in a very weak state of health—we have always been on friendly terms—I did not suppose he was going to murder me; I had no idea of it—I do not suppose he had any malice towards me—he had snapped it at me before on several occasions—it was not loaded then—it had a cap on it—that was in fun.

JURY. Q. Had you seen the pistol that evening, previous to this occurring? A. No.

(Joseph Perry, boot and shoe-maker, Red Lion-street, Spitalfields, and Thomas Collins, wadding-manufacturer, of Bishopsgate-street, gave the prisoner a good character.)

GUILTY of wounding with intent to do grievous bodily harm. Aged 19.— Transported for Fourteen Years.

NEW COURT—Wednesday, April 11th, 1849.

PRESENT—Sir JOHN KEY, Bart; Mr. Ald. GIBBS; Mr. Ald. SALOMONS; and Mr. COMMON SERJEANT.

Mr. Common Serjeant and the Fifth Jury.

Reference Number: t18490409-865

865. JOHN BELL , stealing 1 handkerchief and 1 hat, value 13s.; the property of Joseph William Foudriner, from his person: to which he pleaded

GUILTY . Aged 21— Confined Four Months.

Reference Number: t18490409-866

866. GEORGE WILLIAMS , stealing 1 purse, value 3s.; and 2 sixpences; the property of William Wheeler; from the person of Jane Wheeler; to which he pleaded

GUILTY — Aged 20— Transported for Seven Years.

Reference Number: t18490409-867

867. GEORGE CHESNEY , stealing 1 handkerchief, value 3s.; the goods of James Baxter, from his person; having been before convicted: to which he pleaded

GUILTY .**— Aged 17— Confined One Year.

Reference Number: t18490409-868

868. THOMAS WILLIAMS, WILLIAM TILLER , and RICHARD ROGERS , stealing 39lbs. weight of lead, value 6s.; the goods of William Garland and another: to which they pleaded

GUILTY .*— Confined Nine Months each.

Reference Number: t18490409-869

869. JOSEPH DUNNAGE , stealing 1 handkerchief, value 2s.; the goods of Mark Taylor, from his person; to which he pleaded

GUILTY .* Aged 28.— Confined Six Months.

Reference Number: t18490409-870

870. GEORGE HEDGES , embezzling 9d.; also 1s. 10d.; also 9s. 6 1/2 d.; the moneys of Edward Abbett, his master; also stealing 1 watch, 1 watch guard, and 2 keys, value 10s. 8d.; the goods of Alfred Oborn; to all which pleaded

GUILTY . Aged 17.— Confined One Year.

Reference Number: t18490409-871

871. THOMAS THISTLETON and HENRY COGAN , stealing 25lbs. weight of lead, and 1 1/2 lbs. weight of solder, value 5s. 2d.; the goods of John kelk, their master.

MR. BALLANTINE conducted the Prosecution.

GEORGE GRAINGER (policeman, V 61). I received information, and took the prisoners—Thistleton had some flattened lead concealed on him, hung on his belt with a hook—he said, "Cogan is innocent"—they lodged in the same room—I found a belt on Cogan, much stronger than is ordinarily used for support in their work.

THOMAS BEDDON . I am superintendent of the works at Mellor-hall. I swear to part of this lead; it belongs to John Kelk—both prisoners were in his employ, and had access to it; they had no right to take it away—it has been hammered together.

(Thistleton received a good character.

THISTLETON— GUILTY . Aged 35.— Confined Nine Months.

COGAN— NOT GUILTY .

Reference Number: t18490409-872

872. WILLIAM TERRY , stealing 100 sheets of paper, value 1s.; the goods of Frederick Budd and another.

MESSRS. RYLAND and LAURIE conducted the Prosecution.

FREDERICK BUDD . I am a solicitor—in Feb. last I had a partner named Cowley. On 2d Feb. I was at the Salutation hotel, Newgate-street—these papers now produced were in my private sitting-room—they are marked in the usual way of law papers, "Cowley, Buckingham"—I put them into my carpet bag on Thursday, and on the Friday night I put other things in the bag—they were there then—I left them there—next morning' when I came down, the bag and its contents were gone—I gave notice to the police, and advertised them.

Cross-examined by MR. BALLANTINE. Q. Whoever found them was to bring them to the King of Denmark? A. I presume so by the advertisement—they were not of particular value—there were two or three papers that were of importance which I was allowed to have—the City is conducting this prosecution—the case was heard before Mr. Alderman Gibbs—I was bound over to appear.

CHARLES RUDKINS . I am proprietor of the Salutation, in Newgate-street. I remember Mr. Budd being there in Feb.—it was said that he had lost some papers, and a person in the house retreated rather hastily—that was not the prisoner.

MATTHEW GEECH . I am an officer of Giltspur-street prison. I received this letter for Mr. Shackell from a man who came from the White Hart.

JOSEPH SHACKELL . I do not at present fill any public capacity—I was formerly of the Bow-street police, and afterwards the head of the detective police—I have a pension of 70l. per annum, a gratuity of 216l., and a twenty years' certificate—I was afterwards appointed an officer of Giltspur-street prison—this letter was handed to me, and when I had finished my duties at the Compter I went to the White Hart, Giltspur-street on 26th Feb.—I there saw Lord Colville and the prisoner—Lord Colville said that his friend, pointing to the prisoner, had picked up a parcel containing some papers—I inquired what papers they were, and said I believed I had seen such an advertisement in the Morning Advertiser—I said, "The best thing you can do is to go to the Morning Advertiser office"—we went there, and I saw the advertisement, and they left me, promising to see me the next morning at the Castle—I then went to the King of Denmark, and told the landlord who and what I was, and said he had better come in the morning at nine to see that I was telling the truth—next morning Lord Colville and the prisoner came to the Castle with the parcel—they waited from eleven till four to see the landlord; he did not come—the moment I received information from the prisoner I gave every information I could—on 27th I went and saw Lord

Colville and the prisoner at the White-hart—I there got the parcel from the prisoner—I gave Lord Colville three sovereigns, with the understanding that the landlord was going to pay me again—the prisoner said he bad been to the Exeter-hotel, and from there to the Coal-hole, and as he was going home he kicked against this parcel of papers and picked it up—that it was on the Friday night, or early on the Saturday morning before.

Cross-examined. Q. During the whole continuance of this affair did the prisoner show a desire to return the property? A. Yes; in consequence of his coming to me, and from the position I held, I made inquiry respecting his general life, and I found his character respectable—it was after I had found that such was his character, that I acted in this way—in coming to me he came to the proper person to make the disclosure to—I was then in office—the prisoner came every day—he said, "If I had known these had been stolen I should have given them up without anything."

HENRY WOODROFFE . I am a porter, and live at Saffron-hill. On 27th Feb., between seven and eight o'clock in the evening, I was at the White-hart door—I saw Mr. Shackell, the prisoner, and another person—I received the brown paper parcel from Shackell—the prisoner was about two yards or two yards and a half from him, I cannot say that he heard what was said—Shackell told me I was to take the parcel to the King of Denmark, in the Old Bailey, and give it to Mr. Watkins, and have a glass of anything I liked to drink; and if I was asked who gave me the paper, I was to say a ticket-porter—I took the parcel—Mrs. Watkins said her husband was not at home.

Cross-examined. Q. What are you? A. A journeyman baker; I worked at that trade about six years ago—I was a policeman about three years; I resigned that, I was not turned out—I was not charged with anything—I took to my baking after that—I live servant at the White-hart.

MR. BALLANTINE to JOSEPH SHACKELL. Q. Did you hear Woodroffe say you told him he was to say a ticket-porter gave it him? A. Yes; but I never said so—I said, "Take this to the King of Denmark, and get yourself a glass of ale, or a pint of porter, and I will follow you"—he did, and we all followed him.

ELIZABETH WATKINS . I am the Wife of Thomas Watkins, who keeps the King of Denmark. On Tuesday, 27th Feb., I received the brown paper parcel—I kept it till my husband came home, and gave it him.

(MR. RYLAND here withdrew from the prosecution.)

NOT GUILTY .

Reference Number: t18490409-873

873. CATHERINE PARKER , stealing 1 5l.-note; the property of Thomas Goodwyn Archer, in the dwelling-house of Frederick Burgoyne Harrison.

MR. BODKIN conducted the Prosecution.

THOMAS GOODWYN ARCHER . I am a solicitor of Lynn—I came to town on 8th March, about five o'clock in the morning, by the mail-train—I went to bed at the Tavistock-hotel—I had a portmanteau—I placed a 5l.-note in it that morning—I locked my portmanteau, and put the key into a hat-box, which I locked, and put the key into my pocket—I was out the greater part of the day on business—I went to bed about twelve—the following morning I opened the portmanteau, and missed the 5l.-note from a small note-case where I had placed it—I had taken the date and number of the note on my arrival at the Tavistock; it was No. 86,193, dated 16th June, 1848—this is it (produced)—I am not aware of having seen the prisoner in attendance at the Tavistock—I saw a key tried to my portmanteau by sergeant Pocock; it opened it readily.

Cross-examined by MR. PARRY. Q. Which is the memorandum you made

of the note in your pocket-book? A. This is it; I made it at the time—here are the numbers of some other notes which I had paid away before—I have no recollection of seeing the prisoner—I asked one servant to sew my glove; there were two female servants in the passage, I gave it to one of them; I cannot say whether it was the prisoner—I found it at night in my bed-room—I cannot say I did not give it to the prisoner—I might have been in and out once or twice in the day—I cannot say whether the note was in my portmanteau when I went to bed.

FREDERICK BURGOYNE HARRISON . I keep the Tavistock-hotel; it is my dwelling-house—it is in the parish of St. Paul, Covent-garden—the prisoner was my housemaid nearly three years, that would lead her to some of the bed-rooms; but the bed-room in which Mr. Archer slept was not in her department.

Cross-examined. Q. Are you sure of that? A. Yes; I allot to the housemaids their duty—the prisoner left my house on one occasion, being ill, and was absent six months—she then returned—I had a good character with her.

ANN PULLING . My husband is a tailor, in the Strand—we have been acquainted with the prisoner some years—on 9th March, in consequence of a letter I received, I went to see the prisoner at the Tavistock-hotel, about two o'clock—I received a note from her, she told me to change it, and buy her some articles, as she could not get out to purchase them—I took the note to my husband's shop—he wrote upon it, and I took it to Mr. Curtis, in Herbert's-passage, Beaufort-buildings—he gave me five sovereigns for it—I went and spent 11s. 8 3l. 4d. for articles that the prisoner had described.

Cross-examined. Q. You cannot identify the note? A. No; I never looked at it—I took it directly to my husband—he had not written on any other note for me that day—I have known the prisoner eight years; I always heard a good character of her—she was wet-nurse to Mrs. Bevan, the wife of the banker.

JOHN PULLING . I am a tailor, of the Strand—I and my wife have known the prisoner some time—on 9th March, my wife brought this 5l.-note—I wrote my name on the back of it—I then desired my wife to go to Mr. Curtis and get it changed; she brought back five sovereigns.

Cross-examined. Q. Did you put a date on it? A. No; I do generally date my notes—I am quite positive about this—I recollect these words being on it, "Re—Issued," and the name of "Ross"—I had not written my name on any other note that day, I had in the course of that week; on the Monday, I think; it might have been on the Wednesday—Mr. Curtis always changes my notes for me—I did not send my wife on the former occasion; it was a person where I work—I cannot tell whether five sovereigns were brought me for that.

MR. BODKIN. Q. Your wife does not reside at your place of business? A. No; I live at Brompton; my wife was then in town.

SAMUEL CURTIS . I live in Herbert's-passage—I gave Mrs. Pulling fire sovereigns for this note on Friday, 9th March—I afterwards paid it with other notes to Combe and Delafield, my brewers.

Cross-examined. Q. Have you not changed other notes for Mr. Pulling? A. I generally change his notes; I swear I received this from him, by the word "Re—Issued" being on it—I had no other note so marked.

JOHN MEAGERS. I am collecting clerk to Messrs. Combe and Delafield the brewers—I received this note, and five other 5l.-notes, from Mr. Curtis—I paid it info our bankers, Robarts and Company.

CHARLES RUDD TATHAM . I am a clerk in the Bank of England—I

produce this note paid into the Bank, on 19th March, by Robarts and Company.

Cross-examined. Q. I believe there are other notes of the same number and date? A. No; a hundred thousand notes would have this "W. M." on them—they would be of this date, but not the same number—there it no other note, No. 86,193, dated 16th June, 1848, but this.

JOSEPH POCOCK (police-sergeant, F 14). I went to the Tavistock-hotel, on 23d March—I saw the prisoner, and asked her if she knew Mrs. Pulling; she said she did—I asked if she at any time gave her a bank-note, requesting her to get it changed and buy some articles—she said she bad not, she always bought her things herself—I requested to see her keys, and she handed me eleven keys—one of them opened the portmanteau, and locked it readily—she had three large, and four small boxes.

GUILTY . Aged 28.—Recommended to mercy by the Jury.— Confined One Year.

(There was another indictment against the prisoner.)

Reference Number: t18490409-874

874. HENRY HARPER , stealing 5l. 7s.; the moneys of William Hodges, his master.

WILLIAM HODGES . I have stables in King's Head-yard, Bloomsbury—the prisoner was in my service—it was his duty to gather hides and skins—on 26th Feb., I gave him 5l. 7s. to pay to Mr. Tyson, and 5l. 18s. 1d. to pay to Mr. Johnson, in sovereigns and silver—he returned and induced me to believe that he had paid those sums—I had him taken on 26th Feb.—I had given him the money on the Monday before.

JOHN EDWARD JOHNSON . The prisoner came to me in Feb.—he has not paid this 5l. 18s. 1d., or any part of it

WILLIAM TYSON . I deal with Mr. Hodges—the prisoner came to me on 26th Feb.—he did not pay me the 5l. 7s. at any time.

Prisoner. Mr. Hodges knows that I am affected in the head, and that I have fallen down several times; I was robbed of this money.

WILLIAM HODGES re-examined. I never knew that, except when he drinks a little—I accused him of this—he said he had paid it.

GUILTY .—Aged 66.—Recommended to mercy by the Prosecutor.— Confined Four Months.

Reference Number: t18490409-875

875. THOMAS CARROL , stealing 1 handkerchief, value 1s.; the goods of John Langdale, from his person.

JOHN LANGDALE . On 21st March, I was in Fenchurch-street, between four and five o'clock—I had a handkerchief in my pocket—Brown told me something—he pursued the prisoner, and I saw my handerchief drop—it had been in my pocket a few minutes before; this is it (produced).

HENRY BROWN . I was in Mincing-lane—I saw the prisoner and another lad following some gentleman into Fenchurch-street—I followed, and saw the prisoner take the handkerchief out of Mr. Langdale's pocket—he saw me, and threw it down—I tapped Mr. Langdale on the shoulder, followed the prisoner, and took him.

Prisoner. The other boy induced me to do it.

GUILTY .* Aged 14.— Confined One Month , and twice whipped.

Reference Number: t18490409-876

876. THOMAS JOHNSON , stealing 1 handkerchief, value 1s.; the goods of Peter Smyth Sampson, from his person.

PETER SMYTH SAMPSON . I was standing at a picture shop in Gracechurch-street on 9th March—I was spoken to by an officer—I felt in my pocket; my handkerchief was gone—I found it in the prisoner's pocket.

JOSEPH HUGGINS (City-policeman, 23). About twenty minutes past eleven o'clock that morning I was on duty, and saw the prisoner behind Mr. Sampson, putting something into his pocket—I laid hold of him—my brother officer came up and spoke to the prosecutor—he put his hand into the prisoner's pocket and took his own handkerchief out—the prisoner stood close behind the prosecutor, and appeared as if his hands were in his own pockets, but the bottoms were out, and he could pick the gentleman's pocket.

JOSEPH HEADINGTON (City police-constable, 20). I saw the prisoner behind Mr. Sampson—he had his hand in his pocket, and I saw by the motion of his elbow that he was taking something—he could put his hand through his own pocket and take anything from a person's pocket—he did not stoop at all.

Prisoner's Defence. I picked it up; my jacket is old, but the pockets are not broken.

GUILTY .* Aged 20.— Confined Nine Months.

Reference Number: t18490409-877

877. JOHN BAINES , stealing 1 copper boiler, value 10s.; the goods of Benoni Salway, haying been before convicted.

BENONI SALWAY . I live in York-street, Westminster. I had a copper boiler fixed in brickwork in my washhouse—I saw it safe on 4th March in the afternoon—I saw it unfixed next morning at half-past five—the prisoner then had it in a bag—it is mine.

Prisoner. Q. Did you see it in my hand? A. No; I saw it in a strange bag on my premises.

WILLIAM REID (policeman, B 111). On 5th March, about five o'clock in the morning, I was on duty in York-street—I went to try the prosecutor's door—I found it was not fastened, but some one was pushing against it—after trying some time I pushed in, and saw the prisoner behind the door, trying to conceal himself—he had the copper in a bag in his band—he ran and placed it in the washhouse and came to me again—I asked him what he did there; he said he merely came there for a necessary purpose—there was another person with him, who escaped.

ALEXANDER HARGREAVES (policeman, B 62). I produce a certificate of the prisoner's conviction—(read—Convicted April, 1848, confined six months)—he is the person.

GUILTY .— Aged 20.— Transported for Seven Years.

Reference Number: t18490409-878

878. JAMES MARKHAM and GEORGE SMITH , stealing 72lbs. weight of pork, and 1 hamper, value 2l. 6s.; the goods of the Eastern Counties Railway Company; Markham having been before convicted.

MR. BALLANTINE conducted the Prosecution.

CHARLES CLARK . I am a carman to the Eastern Counties Railway Company. On, 8th of March, between three and four in the morning, I left there with a hamper of pork on my van—I afterwards missed it—I saw it again near the station—it was one that I had in charge as servant to the Railway Company.

WILLIAM KING (policeman, H 83). I was on duty in Wood-street, Spitalfields. I saw the Company's van about half-past three in the morning—the prisoners were following it—I saw them make several attempts to get the hamper off the tail of the van—when the van got to Union-street Markham pulled it off the van on to his shoulder—the van went on, and Smith helped to lift the hamper on to the pavement—they saw me, and walked away—I crossed and laid hold of Markham; Smith walked away into the market—he afterwards came back—I laid hold of him—he struggled and got away—I still kept Markham.

Markham. Q. Why did not you take me when you saw me on the van? A. I could not get near you.

JAMES HILL (policeman, H 125). About half-past three that morning I heard a rattle spring, and stopped Smith, who had just got away from King—I asked what he was running for—he made no answer.

Markham's Defence. I was going home late and the officer took me.

JOHN OULMER (policeman, H 178). I produce a certificate of Markham's conviction at Clerkenwell—(read—Convicted June, 1848, confined three months)—he is the person.

Markham. That is false—I was never convicted in my life, there or anywhere else. Witness. I have no doubt about it, and I had him in custody about four years ago for being disorderly—I have known him four or five years.

MARKHAM— GUILTY . Aged 23.— Transported for Ten Years.

SMITH— GUILTY . Aged 21.— Confined Nine Months.

Reference Number: t18490409-879

879. WILLIAM TOOTELL , feloniously forging a warrant for 5l.; also another warrant for 5l., with intent to defraud our Lady the Queen: to both which he pleaded

GUILTY . Aged 16.— Confined Eighteen Months.

Reference Number: t18490409-880

880. JAMES NASSAU HYDE , stealing, whilst employed under the Post office, a 5l.-note out of a post letter, the property of the Postmaster-General: to which he pleaded

GUILTY . Aged 20.— Transported for Seven Years.

Reference Number: t18490409-881

881. JOHN BLACKBURN , stealing 1 half-sovereign; the money of Thomas Jones, from his person.

THOMAS JONES . I am a hair-dresser. I was at a public sale at Tottenham—a mahogany table was knocked down to me, it came to 17s.—I took three half-sovereigns out of my pocket, and placed two of them upon the table, and put one into my waistcoat-pocket—I waited for my 3s., and when I got to the door, I saw the prisoner's fingers in my waistcoat-pocket, and missed my half-sovereign—I accused him of taking it—he denied it—I said I would have him locked up—he said if I did not mind what I said he would have me locked up—a witness said that he saw his hand at my pocket, and I kept him till the officer came—the prisoner took out two sovereigns and a half-sovereign in a paper from his pocket, and said, "You see it was not me that took it"—a person behind said, "You had better give him half a sovereign than be locked up"—the prisoner put the half-sovereign into my hand—a respectable person said, "You bad better not take it," and I gave it him back.

Cross-examined by MR. BALLANTINE. Q. Did you lose sight of his hand? A. As soon as I saw his person—I did not lose sight of his arm—his pals were close by him.

JAMES WILSON . I am a shoemaker, and five at Tottenham. I was at the sale, and saw the prisoner there, and two more with him—Mr. Jones accused him of stealing a half-sovereign—I turned and said, "I saw his hand in your pocket"—they went out of the sale-room, and I stopped.

Cross-examined. Q. Did you see him hand the money to anybody? A. No; I saw him and two others surround Jones, and saw the prisoner's hand in his pocket.

RICHARD SINCLAIR (policeman, N 321). I took the prisoner—I asked him where he resided—he said, "At 39, Borough-road"—I went there, and found it was not correct—it is only a chair-maker's shop—it is no dwelling at all

GUILTY . Aged 20.— Transported for Seven Years.

Reference Number: t18490409-882

882. JOHN MANLEY, stealing 1 handkerchief, value 2s.; the goods of Sidney Farquharson Marks, from his person; having been before convicted.

SIDNEY FARQUHARSON MARKS . I am a clerk. On 18th March I was in Barbican, in company with Smith and a gentleman—I had a red handkerchief in my pocket—Smith turned round and said my pocket was picked, and I found my handkerchief in her hand—this is it—it had been in my pocket.

Prisoner. Q. Did you see it in my hand? A. No; there were two or three more with you—there was a gentleman with me—I did not wish to give you in charge, but Smith called the policeman—I was in liquor—I heard Smith say she would give you in charge—I believe Smith to be a respectable girl, she lives in George-street, Adelphi—I had not known her above six or seven months.

Prisoner. George-street is one of the biggest places for common prostitutes and thieves in London.

ANN SMITH . I live in George-street, Adelphi, and am a dressmaker, I was walking with the prosecutor about eleven o'clock that evening—I turned my head, and saw the prisoner take the handkerchief out of his pocket—I took it from him, and put it into his pocket again—the prisoner was very impertinent—I called a policeman, and gave him in charge.

THOMAS FULLER (City-policeman, 152). I took the prisoner.

Prisoner. Q. Was there not another with me? A. There was one by your side—you did not try to run away, it was no use, because I knew you.

Prisoner's Defence. I was walking with another person; Smith turned, and asked what I did there; I said that was no business of hers; she said if I did not go on, she would give me in charge; the man who was with me staid with them; I went to persuade him to come on, and Smith called the policeman, and gave me in charge; in going along, I said to her, "Is this the gentleman who treated you with sherry and champagne till past two o'clock this morning;" she said, "You must have followed us a long way to have heard that;" it was only out of spite that I was taken into custody at all; she did not call the policeman for a long while afterwards; the prosecutor did not wish to give me in charge at all.

JURY to THOMAS FULLER. Q. Was Smith drunk? A. No; I asked what she was; she said she was a dressmaker—it did not appear to be from spite—she did not seem in a passion.

PETER CARNEY (policeman, N 76). I produce a certificate of the prisoner's conviction—(Read—Convicted June, 1846, and confined six months)—he is the person.

GUILTY .* Aged 19.— Transported for Seven Years

OLD COURT.—Thursday, April 12th, 1849.

PRESENT—Mr. Justice WIGHTMAN; Sir JOHN KEY, Bart., Ald.; Mr. Ald. GIBBS; Mr. Ald. CARDEN; and EDWARD BULLOCK, Esq.

Before Edward Bullock, Esq. and the Fourth Jury,

Reference Number: t18490409-883

883. JOHN WILLIAM GRUNDY , feloniously forging and uttering a request for 10l., with intent to defraud Joseph Baxendale and others; having been before convicted: to which he pleaded

GUILTY . Aged 24.— Transported for Fifteen Years.

Reference Number: t18490409-884

884. WILLIAM WILKINSON , feloniously forging and uttering an order for the payment of 235l. 10s., with intent to defraud William Alers

Hankey and others; also for forging and uttering an order for the payment of 154l. 17s. 6d., with a like intent: to both of which he pleaded

GUILTY . Aged 80.— Transported for Life.

Before Mr. Justice nightman.

Reference Number: t18490409-885

885. JOHN COUPLAND and ELIZA COUPLAND were indicted for the wilful murder of John William Coupland.— Eliza Coupland was also charged, on the Coroners' Inquisition, with, the like murder.

MESSRS. BODKIN and CLERK conducted the Prosecution

MART WHITE . I am the wife of William White, a shoemaker. In Jan. last we lived in Summers-street, Back-hill, Hatton-garden, in the same house with the prisoners—I lived in the front room first-floor, and they in the back room—on the Saturday before the inquest the male prisoner went out about eight o'clock—they had two children, a boy and a girl; the boy had been ill on the Friday—I went to the door about half-past nine, and asked the female prisoner how the child was—she said he was better; it was only a fit he had had—I did not go into the room; she held the door half shut—I did not tee the child—she went out twice or three times in the' course of an hour, and the last time she went out I saw her go across the road to Mrs. Parker, with her little girl—I saw her from my window—she was there about three minutes—I did not hear any noise in their room while she was away—I heard her come back; she opened her door very quickly, as if it was not locked—she had left the girl at Mrs. Parker's—she walked half across the room, and then stopped, and began to scream—she came to me immediately, and said her boy bad burnt himself—I followed her into her room—she took the child up in her arm; it was near the fireplace; I cannot say whether it was sitting or standing; I think it was sitting—she then pulled its clothes off, and sat it on. its bottom—the room was full of smoke—the child bad a brown stuff frock on and a pinafore—the clothes were very much burnt, and smouldered a good deal after they were taken off; they were burnt in front—the child said, "Mother, I have been screaming for you;" but he said it so low I could scarcely hear it—there was no fender before the fire, and there was very little fire in the grate; it was red behind, and a little on each side—it is a very small fireplace, and has only three bars—there was no fire in front—I put my hand in between the bars; I did not touch them—I put my stuff-apron between the bars, and held it there an instant, and the fire did not catch it; there was no flame—I said to the female prisoner, "My good woman, the child could not have burnt itself at that fire; did you leave any lucifers or any paper about?"—she said, "No"—I said, "How could he do it?"—she said he was a tiresome contrary child; he would do what the told him not to do—she put some oil on the child's neck—I said she had better take it to the hospital, but she would have the doctor sent for—Mrs. Parker came in about ten minutes after, and she said she would send her girl for the doctor, and she went away immediately—the doctor came immediately, and told her to take the child to the hospital, because he wanted immediate attention—when I went in there was a saucepan on the hob, and a little one on the fire, with the handle sticking out—the female prisoner said to the child, while he was sitting on her knee, "You naughty boy, why did you do it did not I tell you not to touch the fire? I begged of you before I went out not to meddle with the fire"—the child's aunt took it to the hospital.

Cross-examined by MR. PRENDBRGAST. Q. Was not the prisoner Very far gone in the family-way? A. Yes; she has been delivered since she has been in prison—there was no fender in the room; I saw a loaf in the cup-board;

there were some chairs and two tables—I believe there was a bit of meat on the fire, which had been given her by the doctor the day before—I believe there was a saucepan on the fire, with some broth in it—the child asked for water, and they gave it some of the broth.

JAMES WRIGHT . I am a surgeon. I was called to attend the child on the Friday, the day before the burning—it then appeared in a state of collapse; it was in a fit—I ordered its feet into hot water, and some castor oil to be brought, which I gave it—it was in a very weak, emaciated state, and required nourishment, and I sent some meat for it—I was called on the following day, and found it on the mother's lap—I examined it, found it was very much burnt, and ordered it to be sent to the hospital immediately—I saw the clothes; they appeared to have been burnt by a smouldering fire—the mother was rubbing the child with oil; as a domestic remedy that was as good a thing as she could apply at the moment—I noticed the fire; it is possible that if the child had been trying to reach the saucepan, in which the broth was, it might have pulled a hot cinder on to its lap.

NOT GUILTY .

(There was another indictment against the prisoners for a misdemeanor; for which see Third Court, April 17th.)

Reference Number: t18490409-886

886. JAMES COWELL , feloniously killing and slaying Robert Etherington.—He was also charged, on the Coroners' Inquisition, with the like offence. MESSRS. RTLAND and LAURIE conducted the Prosecution.

JOHN OXTOBY . I am shopman to a grocer, at 42, King-street, Snow-hill. On Tuesday morning, 27th Feb., between eight and nine o'clock, I was at the shop-door, and saw the prisoner coming down King-street, with another man, driving some beasts—just as the beasts got to the corner of Fox and Knot-court, the deceased and another man or two were standing at the corner of the court—the man who was with the prisoner called out to the deceased, as he was about to cross the front of the beasts, and told him to stop—the hallooing frightened one of the beasts, and it ran away, when it again joined the remainder, and was about to enter the court—the deceased ran in front of the beasts, and turned them back again, and I had great trouble to keep them out of my master's window and door—the prisoner called out to the deceased, and said, "What did you run across the beasts for, and turn them back?"—the deceased said, "Why did not you call to me?"—the prison said, "I did; besides, have you hot eyes to see?"—the man who was with the prisoner said, "I should like to cut you across the a—with a stick"—the prisoner then said, "I should like to punch your bead for you"—deceased said, "You can't do it; I should like to catch you at it"—the prisoner said to him again, "I will punch your b----y head for you if you do not go away"—the prisoner had a stick in his right hand, which he changed into his left, and raised his hand and arm, as if to hit the deceased; but he did not strike him—he turned away about half a dozen yards, towards the court—the deceased called after him, "You had better do it; it will take a better man than you to do it"—the prisoner then turned round again, and hit him in the face with his fist—the deceased returned several blows; they doted in each other's arms, and fell both together; they then got up, and the prisoner was stooping down, picking up his cap, which fell while they were struggling, and the deceased hit him some blows upwards, about the face and head—the prisoner then got into an upright position again, and was putting his cap on, and I have no doubt would have gone away without taking further notice of it, but the deceased went and struck him several more blows, about the face and head, before he was aware of it—they closed in each other's

arms again, and fell down together; the deceased fell undermost, with the back of his head on the stones, and that cut his head—the prisoner then went away, and did not take any further notice—a man assisted up the deceased, and he rather hesitated to go to a doctor; he did afterwards go—I saw him pass our shop the same evening, and look in—I went out to him, and he asked roe if I knew where the man lived with whom he had been fighting in the morning—I told him I did not, but that he worked somewhere down the yard—he did not seem to be very bad; he had been at work all day.

Cross-examined by MR. HUDDLESTOH. Q. Were you there all the time? A. Yes—it seemed to me that the deceased went in the way intentionally, and disordered the bullocks; he seemed as if he did it out of aggravation—after the first occasion he seemed to me as if he was going on, and then the prisoner began taunting him again—when the prisoner was picking up his cap the deceased struck him upwards, while he had no power over himself; he struck him three or four times—it appeared to me that the prisoner closed with deceased to protect himself—I do not think it was out of spile that the prisoner threw him down—it was rather an accident; the road was slippery, and it is rather on a hill—deceased was rather stouter than the prisoner, and seemed to be a stronger man—he seemed bloated with drink.

JOHN WICKENDEN . I am a pewterer. On Tuesday morning, 27tb Feb., I was coming down Snow-hill, about a quarter, or twenty minutes before nipe. I saw the prisoner and the deceased quarrelling by Fox and Kuot-court—I beard the prisoner say to the deceased that he would jfcnock hit b----head off—I turned to look for a policeman, and when I turned back again the prisoner had walked away three or four steps from deceased—he then returned and said, "If you say that again I will knock your b----head off"—I did not bear the deceased say anything to him—I cannot say whether he did or not—I then saw the prisoner change his stick from his right to his left hand—he then struck the deceased on his head or face—the deceased returned the blows—a regular fight then took place between them, they fell together, the deceased undermost—they got up and fought again—they bad three or four rounds—they then closed again, and fell with the deceased undermost—bis head struck on the pavement stones, and the blood flowed—J piotai the prisoner off the deceased, and told him he ought to be ashamed to act in such a manner—he walked away, and said nothing—I picked up the deceased, and took him to Mr. Munday the surgeon.

cross-examined. Q. Did you walk with him? A. led him by the arm, he used his legs.

ALFRED SMEB . I am a surgeon, and I live in Finsbury-circus—I attended the deceased on the 2d March, at his own home—he was in a state of considerable stupor, and complained of great pain over the head and neck, and at the back of his head there was a cut about three-quarters of an inch long, with a plaister on it, bearing the St. Bartholomew's Hospital mark—I took the plaister from it, and found it had apparently healed—I ordered him leeches, and he was relieved towards night—on the Sunday following erysipelas of a very severe character came on—he continued to get worse until the Wednesday morning, when he died—the cause of the erysipelas admits of a reasonable doubt—it may have come on from the leech bitea or been the result of the wound—to form an opinion of the cause of death I think we should have a statement of the facts, his state of living, and the amount of drink he took—I made a post-mortem examination next day, and found a considerable amount of extravasation about the neck and brain—the brain was considerably congested, but there was no fracture of the skull.

COURT. Q. You are not sure that the death resulted from the violence—it might be from the erysipelas occasioned by the leech bites, aggravated by the course of life he had led? A. The erysipelas was the cause of death, but what was the cause of the erysipelas is matter of considerable doubt—it may have come on entirely spontaneously—the application of the leeches was necessary.

NOT GUILTY .

Reference Number: t18490409-887

887. TIMOTHY SHIELDS , uttering counterfeit coin; having been before convicted.

MESSRS. BODKIN and CLERK conducted the Prosecution.

CALEB EDWARD POWELL . I am assistant-solicitor to the Mint. I produce a copy of the record of the conviction of Timothy Shields at this Court, it the Feb. Sessions, 1846—this I have examined with the original record in Mr. Clark's office, it is a true copy—(read—Confined six months.)

ROBERT WHITE (policeman, B 100). I was present when the prisoner was convicted here in Feb., 1846, of uttering counterfeit money.

THOMAS COCK . I am a baker, of Strutton-ground, Westminster. On 16th Feb. the prisoner came to my shop between four and five o'clock, and asked for half a quartern loaf, and gave me a bad shilling—I did not notice it to be bad till he was turning out of the door—I put it on the back counter, apart from all other money, marked it, and put it in a piece of paper, and locked it up in a drawer, where it remained till the 28th, when the prisoner came again for two half-quartern loaves—I remembered him, walked into the shop and busied myself with the gas lights till he put down a half-crown—my wife was serving him—I picked up the half-crown, bent it, found it was bad, and put it into my pocket—I told the prisoner that made the second piece of bad money—he denied it being the second piece, and said, why had I not given him in charge on the first case—I took the bread off the counter—he said, "Well, let me have the bread master," and threw down a good shilling—I, in the hurry of the moment, gave him the bread, and took the money out of the good shilling—I could not leave my shop as my wife was very near her confinement; I could not see a policeman handy, and therefore let him go—next morning I saw the policeman, Brine, pass my shop—I spoke to him and gave him the half-crown and shilling wrapped in a piece of paper.

Prisoner. You said if I gave you a shilling you would say no more about it? A. I did not—you were never in my shop before you passed the shilling, and were not there between that day and the day you passed the half-crown; I did not tell your wife or her mother that if they gave me a shilling I would say no more about it.

SAMUEL BRINE (policeman, B 33). I produce one shilling and half-a-crown, which I received from Mr. Cock on 1st March.

MARK LOOME (policeman, B 11). I took the prisoner on 17th March, in Duck-lane, Westminster—I told him what I took him for—he said he was a regular customer of Mr. Cox—I said I had been looking for him for the last fortnight; he said he had been at work in the country.

MR. POWELL re-examined. This shilling which is broken is counterfeit and the half-crown also.

Prisoner's Defence I am innocent of uttering the bad shilling.

ELLEN SLINGSBY . I am the mother-in-law of the prisoner—he has been married seven years—the prosecutor told me and the prisoner's wife if we would give him a shilling he would make away with the two bad pieces that was on the night before the Sessions began—about a week ago we went

to him, and begged him to make it right with my son—he said, "No," but if we paid him a shilling he would make away with the two pieces.

GUILTY . Aged 30.— Transported for Seven Years.

Reference Number: t18490409-888

888. JAMES SAVILLE was indicted for b----y.

NOT GUILTY .

Reference Number: t18490409-889

889. WILLIAM STRUDWICK and CHARLES JACKSON , feloniously breaking and entering the dwelling-house of Edward William Wollen, at St. John's, Westminster, and stealing 1 watch, 1 pair of sugar-tongs, 6 spoons, and 1 ring, value 2l. 104.; his property: to which

JACKSON pleaded GUILTY . Aged 25.— Transported for Fourteen Years .

MR. ROBINSON conducted the Prosecution,

EDWARD WILLIAM WOLLEN . I am an ironmonger, of 17, Besborough-place, Belgrave-road, in the parish of St. John, Westminster On Saturday night, 3d March, I went out with my wife, about seven o'clock—I secured the back-door with bolts and locks; the rindows were shut and fastened, and I left the front-door on the latch—no one could get in without a key—I was away about an hour—when I came back, before I got to my house, I noticed a light in my bed-room—I knew I had left no one in the house, and I directly thought there were thieves in the house—I left my wife, and tried to get in at the front-door with my key, but could not succeed—I then went round to the back, where there is a wall, dividing my house from the sewer, and I then saw a man, who I believe was Strudwick, attempting to get over the wall—I was within ten yards of him—he was getting from my premises—I called, "Police!" and for assistance from my neighbours, and no one came—the man did not get over, but went back again—I should say he could hear and see me—I next saw him in the custody of the police—I came round to the front again, and found the door open—I went into my house, and found the drawers open—the kitchen-door had been burst open, and the cupboards and drawers all open—it appeared to me that the house bad been entered from the area-window—they had got down the area, cut the glass, and turned the sash-fastening—there was glass cut out large enough to admit two or three fingers, and sufficient to turn the catch—I missed a watch, a pair of sugar-tongs, six spoons, and a ring—I found some lucifer-matches.

Cross-examined by MR. BALLANTINI. Q. The wall is at the back of the premises? A. Yes—I saw the front of the man—I believe Strudwick is the man—I am satisfied of it in my own mind—I saw him perhaps a minute or two—I saw his face—I was somewhat confused and excited—I had been running; I stood still when I saw him—there was a gas-lamp just across the sewer, by which I could see his face, and it was a light evening.

MR. ROBINSON. Q. How far off was the gas-light? A. Perhaps twenty yards, or a little more—he could have got over the wall without any difficulty, but seeing me he went back again.

EMMA WOLLEN . I am the prosecutor's wife. I came home with my husband on the evening of 3d March, and saw a light in the upper room—my husband left me, and ran on—I went to a neighbour, Mrs. Bickerton, she came out, and I went to my door—when I had been there two or three minutes, Strudwick rushed out—I have no doubt whatever that be is the man—I touched him on the arm as he passed, and said to some of the neighbours, "That is the thief; pray hold him"—he tried to escape over a fence in front of the house, across the street—he was taken in endeavouring to get over—it

is a fence, enclosing ground for building upon, and runs in front of about sixteen houses—I did not lose sight of the-man till he was taken.

Cross-examined. Q. Are you quite positive that you never lost sight of him? A. Quite—I am certain of him—I have not the least doubt in the world—I cannot tell whether he saw me as well as I saw him; I should lay, he was looking away from me, trying to escape—his head was turned away from me—I am positive of him, because I did not lose sight of him till he was taken—I am sure the same person who came out of the house was taken into custody—I am not sure of him by noticing his features—there were about a dozen people collected—the prisoner did not make his way through them—they were standing near the door, the man did not pass among them—when he came out there were very few people, they were not near enough to him, when he came out, for him to go among them before be got to the fence—when he came out he did not seem to know which way to go; he first turned to the right, then the other way, and afterwards went to the fence, and was taken there.

MR. ROBINSON. Q. Did you see him taken? A. Yes; as he was in the act of getting over, Farrington took him

JANE BICKERTON . I am the wife of John Bickerton, and live next door to the prosecutor. I recollect Mrs. Wollen coming to my door on Saturday night, 3d March—I and Mr. Farrington, a lodger of mine, went out with her—when we had been at the door two or three minutes, the two prisoners came out, and one ran one way and one another—I can swear to Strudwick—he ran, and tried to jump over the railing, Mr. Farrington caught him—I had not lost sight of him at all—there was no one on the house-side of the paling but me, Mrs. Wollen, and Mr. Farrington—it is an iron railing that goes round the area—there is a row of houses, of which this forms one-the railings run in front of all the houses—the fence where he was caught is another place—to get from Mr. Wollen's to that fence you must cross over the road—Strudwick had crossed the road when he was taken.

Cross-examined. Q. Did you see him taken? A. Yes; at the palings—they are not so far off the house as the width of this Court—there were no other people assembled opposite the door, only us three; I am quite sure of that—I do not know whether any others were standing looking on—I only noticed Dangerfield, who caught Jackson—I was not at all agitated—I had an uninterrupted view of Strudwick, he did not pass through any people whatever—he never went near anybody at all till he passed Mr. Farrington—he went straight ahead when he came out of the door, he did not stop at all; he ran direct to the paling.

JAMES FARRINGTON . I am a smith, and lodge at Mrs. Bickerton's. On this night I went out with her and Mrs. Wollen to the front door of Wollen's house, and saw Strudwick come out—I was standing on the pave-ment, about six yards from the house—he came towards me, and then turned short, and ran to the paling—I caught hold of him, and held him—he had not been out of my sight from the time he came out of the house—there might have been three or four persons there—the paling is immediately opposite Wollen's house.

Cross-examined. Q. Then when he came out of the house be turned towards you? A. Yes; I was standing at the right of the door—when he came close to me he turned back, and went to the railing—he did not have to go through any people—there were not many people collected; there were further on, but not where he was running.

MR. ROBINSON. Q. What did you do when he came towards you? A.

I caught hold of him on the paling, and threw him down—I was close after him.

JAUES ROGERS (policeman, A 288). I received charge of Strudwick, in Besborough-place, from a policeman of the B division—I took him to the station.

MR. BALLANTINE called

EDWARD STAINES . I reside at I, Dorset-street, Vaux hall-bridge-road, and am a button-maker, in the employ of Mr. Nutting, of Regent-street, West minster, and have been so eleven years. On the night of this burglary I was at the Besborough Arms—I heard a cry, ran out, and met the prisoner Strudwick in the middle of the road, near the Besborough Arms, which is in a turning on the right, called Besborough-place, opposite side to where Mr. Wollen lives—Strudwick was going towards the prosecutor's house—I joined him, and we both ran towards the house the cries proceeded from—when we got there, there were between forty and fifty persons there, running backwards and forwards—I cannot say whether there wore any persons near Wollen's door—the persons running appeared to be in pursuit of some one—I lost sight of Strudwick, leaving him against some palings—I saw Jackson running, and went in pursuit of him, and received a blow on my arm from him, with a life-preserver—I helped to take him, with a gentleman whose name I do not know—I informed the police in which direction he ran, aid the spoons were there found—I went before the Magistrate next day, for the parpose of stating what I have now said, and I was ordered to stand down by the Magistrate's clerk.

Cross-examined by MR. ROBINSON. Q. Do you know Strudwick? A. No; I know him by sight, not personally—I never spoke to him; I swear that—I may have known him by sight these twelve months—I did speak to him when we were running together towards the prosecutor's house, but not before—I was in the tap-room of the public-house, drinking—I have seen Strudwick rowing on the water, when I have been on the land, and the people have said, "There goes Strudwick;" that is how I came to know him—directly he came up to me, he said, "There are thieves"—I said, "Yes;" and he raid, "Come and help me to pursue them," and we went to the home—the Besborough Arms is between twenty and thirty yards from there; it may he more; I never measured it—it is in the same street—there are no houses opposite the prosecutor's, but there are further down—that is the person that Jackson struck (pointing to a Mr. Miachell)—Jackson was nearly opposite the public-house, running towards the place I had left—he was three or four houses from the place—I did not meet him till after I left Strudwick—when I was coming from the paling he was in the road—I met him face to face—I was running to and fro about a minute or two in front of Wollen's house, to see if I could see any of the thieves—I did not see anybody come out of the house—I heard the Cry of "Stop thief!" in the Besborough Anns; that was three or four minutes before I saw Jackson—I should think there were forty or fifty people there; there might be more or less—I swear, to the best of my belief; there were thirty—they were right along the road from the Besborough Arms, running all manner of ways, up and down—me and Mr. Dangerfield took Jackson into custody—I did not see Strudwick after that, till he was at the station—I met him in the hands of the police, before he arrived at the station—I did not then say to Mr. Mitchell that I knew Strud-wick, and that he was one of the biggest thieves in Westminster—I said nothing about him; not a word—I only told him to come down to the station when I saw his head was bleeding—I swear I never mentioned Strudwickjs name to him—we walked together—we did not have much talk; we only said it

was a shame that they should use those things, and cut people's heads open like that—I did not tell Mr. Mitchell, when I saw Strudwick in custody, that he had been with me a short time before, and it was very singular he should be taken into custody—I have never been in any trouble myself.

MR. PARRY. Q. Was Mitchell's head bleeding? A. Yes; he seemed to be suffering—I told him he had better go to the station—that was all I said to him.

COURT. Q. You only saw Jackson running? A. No; I thought he was the thief, because he had his coat and waistcoat open—he was three or four doors from Wollen's house—I left Strudwick at the paling—he said, "There are thieves; I shall get over here, and see if I can see them," and I left him in the act of getting over—he had not got quite over; he had his two hands up, to lift himself up, to look over—I directly ran among the crowd, and did not see any more of him till he was in the hands of the police, and then Jackson was in custody as well.

GEORGE SNEE . I live at 4, Goodman's-green, Westminster, and am a carpenter. On this night I was near the Besborough-gardens, about 250 yards from Wollen's house; and heard a cry of "Thieves!" and "Murder!"—I ran towards Besborough-place, where the sound proceeded from—when I got to the Besborough Arms, I saw Staines come out from there—I saw Strudwick standing in the road, and saw Staines join him; they proceeded in the direction of the prosecutor's house, and I followed close behind—I saw Strudwick a minute or two, and left him standing by the pales—a man ran out from the crowd, and struck Staines on the arm—I was about twenty yards from Wollen's door at the time—Staines said, "What did you hit me for?" and then ran after him, and took up a stone or brick to heave at him.

MR. ROBINSON. Q. Did not you see Strudwick again? A. No—I have been at work for myself four years—I have seen Strudwick before, and knew him so as to speak to him—I have known him about four years—I never went to a public-house with him, nor with Staines—we did not all three walk up together—Staines and Strudwick walked there together—I walked behind—he merely went to the palings, to look over—I was about ten yards from Strudwick when he went up to the paling—Staines went pretty near to the paling with him—he was in the road—I was in the road about two minutes before Jackson came out—he was right opposite the house, and about twenty yards from the door when he struck Staines—I was standing just behind Staines—I should think there were twenty, or thirty, or fifty people between me and the house when Jackson came out, he had to run through the mob to strike Staines—I know Staines, by seeing him; I have no acquaintance with him—I knew him, just to speak to him, when I saw him—we were never out walking together—I never met him in a public-house—I did not go to the station-house with Strudwick or Jackson—I did not go to the police-office—I did not see where Jackson came from, when he came up—he came from among the crowd—Strudwick was just by the paling, three or four yards from me, leaning over it, looking—it is about five feet high; a wood hurdling or fencing—he could look over it.

MR. ROBINSON called

WILLIAM GEORGE MITCHELL . I am a stockbroker. I apprehended Jackson—Staines was there; he was running with those who were running after Jackson—after I seized Jackson, those who were in pursuit of him came up, and a policeman in plain clothes, and I handed him to him—we went together to the Besborough Arms, and met a policeman with Strudwick, and as soon as we came up to him Staines said, "I know that fellow; he is one

of the biggest thieves in Westminster"—he applied that observation to Strudwick.

MR. BALLANTINE. Q. Did he mention Strudwick's name? A. No; he was looking at him—there was a crowd of ten or fifteen persons—Jackson was within hearing; he was as near as he could be to Strudwick at the time—I was hurt on the head, and bleeding, but I was not at all confused.

MR. ROBINSON. Q. How long were you walking with Staines and Jackson before you met Strudwick? A. Not above five or six minutes;—I believe Staines addressed the observation to Strudwick.

MR. WOLLEN re-examined. This is my watch, and these spoons and tongs are mine—I left them in the house on that evening—I next saw them at the station the same evening.

EDMUND COX (policeman, A 269). I picked the watch up in the direction in which Jackson had run, about a hundred yards from the prosecutor's door—I also found five spoons, and the sugar-tongs; they were together.

(William Knell, undertaker, 89, Regent-street, Westminster; Edward Lawrence, cowkeeper, Palmer's-village, Westminster; John Simmonds, tobacconist, 4, Brunswick-road, Westminster; Richard Stevens, labourer; Thomas Finch, baker, 10, Paradise-row, Westminster; gave Strudwick a good character.)

STRUDWICK— GUILTY . Aged 25.— Transported for Ten Years.

NEW COURT.—Thursday, April 12th, 1849.

PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. RECORDER; and Mr. Ald. WILLIAM HUNTER.

Before Mr. Recorder and the Second Jury.

Reference Number: t18490409-890

890. JOHN PALMER, stealing 1 purse, value 1s.; and 1 shilling and 1 sixpence; the property of James Baker Attwaters, from the person of Mary Attwaters; having been previously convicted: to which be pleaded

GUILTY . Aged 17.— Transported for Ten Years.

Reference Number: t18490409-891

891. EDWARD LINTON and JOHN EALES , stealing 1 handkerchief, value 1s.; the goods of William McDonald, from his person; Eales having been previously convicted: to which

LINTON pleaded GUILTY . Aged 23.— Confined One Year.

EALES pleaded GUILTY . Aged 25.— Transported for Ten Years.

Reference Number: t18490409-892

892. JOHN GUY , stealing 1 pair of trowsers, value 10s., 1 waistcoat, value 3s., arid 3 pence; the property of James Hale, in a port, &c.; to which he pleaded

GUILTY . Aged 35.— Confined One Year.

Reference Number: t18490409-893

893. CATHERINE DONOVAN , stealing 4lbs. of bacon, value 2s.; the goods of John Bentley: to which she pleaded

GUILTY .* Aged 29.— Confined Nine Months.

Reference Number: t18490409-894

894. EDWARD MALLOY , was indicted for embezzlement.

JOHN COMPTON . I am a saddler and harness-maker. On 1st April, 1845, I lived at Upper Clapton—I had a customer named Cazenow; he was in my debt to the amount of 7l. 13s. 3d.; no check, or the proceeds of any check to that amount ever reached me from him—on 2d April I had to go to town—I left the prisoner at work—I then missed him till about three weeks or a

month ago—I afterwards obtained from Mr. Cazenow a check for 7l. 13s. 3d., and that was paid at the banker's—in consequence of some information I gave the prisoner into custody for stealing the check.

Cross-examined by MR. PARRY. Q. How long after you found the prisoner out, did you give him into custody? A. On the next night—I have not received the whole of this money from Mr. Cazenow—I received 5l.—I now work in Skinner-street, Bishopsgate—I have never been in any difficulty nor had any charge made against me—I have not gone through the Insolvent Court—I was never in Whitecross-street prison—I lived in Whitecross-street with Mr. Gibbs; I left there, I did not leave rather suddenly—I did not go away from him with any harness; I was never charged with it—I owe the prisoner nothing, with the exception of the last week's work—I do not owe him between 2l. and 3l.—he was my journeyman, he was not a clerk—I did not send him out to receive money—it was "not his duty to receive money—I do not owe him 1l. 18s. for a balance of wages, and 7s. for a coat and handkerchief—he went out suddenly and left a coat and handkerchief hanging up—I never had this check in my possession.

PHILIP CAZENOW . I live at Clapton; I am a stockbroker. On lst April, 1845, I was indebted to the last witness 7l. odd for goods—I drew a check for it, gave it to one of my sons, and I told him to take it down to Mr. Compton with the bill, which I believe he did—my son is not here; the coachman is, who went down with him in the chaise.

WILLIAM PARROTT . I was coachman to Mr. Cazenow. On 1st April, 1845, I went with Mr. Arthur Cazenow to Mr. Compton's shop—Mr. Arthur gave me something in my hand which I took Into the shop—I have no recollection of the person to whom I delivered it.

JAMES NUNN . On 1st April, 1845, I lived at Upper Clapton, and was conductor of an omnibus. I knew the prisoner in the service of Mr. Compton—he accompanied me to town on 1st, 2nd, or 3d of April—I set him down close to Mr. Cazenow's bankers, in Lombard-street—he showed me this check—he went and changed it; and came and treated me and my coachman—he said he had changed the check, and he told me to tell his master that he was going to Whitechapel, and should be back in the evening.

Cross-examined. Q. Are you now a conductor? A. I am now out of employ—I knew the prisoner before—he rode with me up from Clapton at ten minutes past two o'clock.

WILLIAM WEBB . I live at Clapton; I was driver of an omnibus. I know the prisoner very well—I saw him at Mr. Compton's—I was coming from dinner, and he beckoned to me—he told me Mr. Cazenow's servant had left a check which was dated that day, and perhaps they might object to it if it were not paid that day—he went with us, and went on to the banking-house—he got it changed and treated us—I asked him if he was going back—he said, "Tell Jack (that was his master) I shall be back in the evening and will pay him."

RICHARD WOOD . I am clerk to Willis, Perceval, and Co., bankers, Lombard-street. On 2d April, 1845, I cashed this check of Mr. Cazenow's, who banked with us—I have no recollection of the person who presented it.

MR. CAZENOW (re-examined). I cannot say whether this check was enclosed in a paper, or whether it was folded in the bill—I handed the bill and the check to my son—they were not tied up—I do not know whether they were in an envelope, but the probability is they were not—they were not sealed, certainly.

WILLIAM PARROTT (re-examined). When I carried them into the shop,

the bill was in an envelope—I cannot say whether the check was with it—all that I carried in was in an envelope—I cannot say whether there was any writing on the envelope.

Cross-examined. Q. Do you mean to swear it was in an envelope? A. It was in an envelope—I was not asked that question before.

JURY. Q. Was the bill receipted? A. No; I only gave it from Mr. Cazenow to the man in the shop—it was between one and two o'clock.

JAMES BRANNAN (police-inspector). I took the prisoner in Ropemaker-street, on 3d of March, I told him I belonged to the police, and came to take him into custody for stealing a check belonging to Mr. Compton—he said he had got to prove that, and he had better mind what he was about.

Cross-examined. Q. I think it was by your advice the prisoner was taken? A. No, it was not—Mr. Compton did not want to get the cash in my presence.

COURT to WILLIAM PARROTT. Q. Give us, to the best of your recollecttion, exactly what you had in your hand, and what you did with it? A. I gave it into the hand of the man that was at work in the shop—I asked him where Mr. Compton was—he said he was out—I went back and told Mr. Cazenow—he said, "Give it to the man; I dare say it will be safe."—I called the man to the door, and he spoke to Mr. Cazenow, and I gave it into his hand—I cannot say whether it was addressed—I only had it in my hand from the chaise to the door—I did not explain what it was—I was not conscious myself what it was—it was folded up—it was given to me and I took k into the shop—I can read a little—I did not look for any writing on it

Cross-examined. Q. Would you undertake to swear that this envelope was not the bill? A. The bill was wrapped up in it; it was enclosed in an envelope.

NOT GUILTY .

Reference Number: t18490409-895

895. LOUISA HERBERT and JULIA GLANDFORD , stealing 1 watch, value 10l.; the goods of John Welch, from his person.

ROBINSON WEBB (City-policeman, 658). On 23d March, between six and seven o'clock in the morning, I saw the two prisoners in Petticoat-lane)—I watched them—they turned into Harrow-alley—on seeing me they turned back and went down Petticoat-lane again, and went on to Elliston-street—Glandford turned and saw me, and they went up Petticoat-lane, towards Aldgate—I walked fast and passed them—I then turned round and met them—I laid hold of Herbert's hands, and said, "What have you got here"—she said, "What is that to you"—I found her right-band open, but her left-hand was shut—I said, "Open your hand"—she said she should not—Glandford then laid hold of my coat—I called to Back; he came to my assistance—we opened Herbert's hand, and found this watch in it—it appeared to me that Glandford laid hold of my coat to prevent my getting the watch, and she went off as soon as Back came up; he went after her, and took her.

Herbert. Directly he took hold of me, I delivered the watch up. Witness. No; I asked her where she got it; she said, "A gentleman gave it us the night before last, to sleep with both of us; "I found the watch was going, and was within five minutes of the right time; I asked if she had the key of it; she said, "No;" I said, "How do you account for the watch going, if it were given you the night before last;" she said, "I shall not answer any questions.

Herbert. I said, "Last night." Witness. No; you said, "The night before last."

JOHN WELCH . I am a clerk, and live in Charter-house-lane. On 23d March, I was on my return home, about half-past two o'clock in the morning

I was passing through Smithfield, and met the two prisoners—I walked with them forty or fifty yards—after they had left me, I found my watch was gone, which had been in my waistcoat-pocket, and was secured by a guard—the handle of the watch was snapped off, and hung to the guard-chain, which remained—this is the chain; there is a piece of the handle of the watch to it now—I did not perceive the hand of either of the prisoners busy about me before I missed my watch, but I found them press on each side of me—I was not aware that they had their bands to my pocket.

Herbert. Did we not meet you in Whitechapel-road, at half-past ten o'clock in the evening, and we gave you a direction to a house, up two steps, near a pawnbroker's? he took us to a house, and paid half-a-sovereign, and he gave us the watch, in place of two sovereigns, to sleep with'us; he stopped with us till half-past four o'clock; it struck five when we were dressing ourselves in the morning? Wittiest. I did not meet them there—if it were necessary I could bring witnesses to prove where I was.

ANDREW LEGGATT . I live in St. John's-lane, Smithfield—I am a cab-driver—on the morning of 23d March, I was on the cab-stand, in Smithfield—a young man came and told me, if I went on a little further I should find a party waiting for a cab—I went, and the two prisoners beckoned me, and asked what I would take them to Petticoat-lane for—I told them, and a third female came up—I said, "Are you all going;" they said, "Yes"—I took them to Houndsditch, where there is a turning that leads to Petticoat-lane—I asked if that would do, and they said, "Yes"—they got out, and said, if I would wait I should take them back—I waited about ten minutes, and saw them in possession of the officer; it was exactly six o'clock when the young man came to me.

ROBINSON WEBB re-examined. The address they gave me was No. 1, Bell-alley, Goswell-street, which is a false address—I took them before the Magistrate on Friday morning, they were remanded till the following Friday, and I advertised the watch in the Times—they appeared on the Friday, but no owner appeared for the watch—they were discharged, and Mr. Welch saw them going out.

JOHN WELCH re-examined. I was going by the Mansion-house, and saw the two prisoners, who were discharged about a watch—I concluded it was mine—I made application, and said it was my watch, and the prisoners were taken on the Sunday night following.

JOHN JENKINS (policeman, G 53), examined by the prisoner Herbert. I went to take the prisoners—Herbert said, "I saw the constable this afternoon"—I said, "Then it is wrong, I will go and enquire of the constable"—I did, and met the constable—I asked if they were wanted—he said, "No; we have not got the owner yet."

Herbert's Defence. It is not very likely we would have remained in our place if we had been guilty; I can be on my oath that the prosecutor went with me and this young woman too.

Glandford's Defence. I was in Whitechapel when the prosecutor came and took us to a house.

ROBINSON WEBB re-examined. The prisoners live in William's-buildings, French-alley, Goswell-street, about a mile and a half from Whitechapel—they first said the watch was given them in Hare-court, but there is not a house of that description there now—there was, but it has been indicted, and is shot up—when I found the watch, it had been concealed, and was in such a state, that I was obliged to send it to a watchmaker's and have it cleaned.

HERBERT— GUILTY .** Aged 24.— Transported for Ten Years. GLANDFORD— GUILTY . Aged 18.— Confined One Year.

I

Reference Number: t18490409-896

896. HENRY EDWARD RUSSELL , embezzling the sum of 25l. 5s.6d., which he had received on account of John Cranage and others, his masters:—other COUNTS, of William Beckwith France and others.

MESSRS. CLARKSON and BODKIN conducted the Prosecution.

JOSEPH TOMKINS BOMPAS . I am clerk to Messrs. Pearce and Thyne, estate-agents. On 12th Oct. I paid on their account, to the Westminster Fire Office, a sum of money—I cannot speak with certainty as to the person to whom I paid it—I got this receipt from the person to whom I paid the money—it was filled up by that person—I paid the money in cash.

JOHN PADMORE . I am chief clerk to the Westminster Fire Office. Mr. William Beckwith France is one of the trustees, and there, are others—this receipt is the prisoner's writing—(read)—"Policy 89,677, insuring 11,000l. on premises and goods—Received, for one year's premium and duty, to 29th Sept., 1849. 25l. 5s. 6d. Henry Edward Russell"—Mr. John Cranage is one of the proprietors of the office—on 12th Oct. the prisoner was a clerk; it was his duty to receive money on account of the establishment, and enter it in the cash-book of the office, as well as in his own private cash-book—this is his own private cash-book—here is no entry on 12th Oct. of a receipt for 25l. 5s. 6d.—each clerk in the office has one of these private cash-books, and from this he enters it into the office cash-book—this is kept exclusively for himself—here is the office cash-book—it is not entered here—here is the register in which the policy appears—it was his duty to write it off in the register, against the policy—that would be the first thing he did—it is not written here, but here is written on 14th Oct. a new policy in the name of Thomas Drake, and it is erased, and not brought to account—the effect of that on the persons in the office would be, that in making up the account of premium paid, the money would not be brought to account—it is officially erased, there appearing no reason why there should have been a new policy—we do not issue a new policy unless there is an alteration; it is entered as "New Policy" in the prisoner's handwriting—there is no authority for that at all—it was the prisoner's duty at three o'clock in the afternoon to make up his account, and bring the money to me on the days he received it—I balanced an account with him on 12th Oct., at three o'clock—I have the book here, it contains no item of this—it was his duty to furnish a receipt to the person paying the money, and to make a corresponding entry in the margin of the receipt of the date and amount—here is no entry of this sum—here is an entry to the Earl of Bradford of 25l. 12s. 6d.—No. 327 is the counterfoil of the receipt he gave to Mr. Bompas, and that he has entered to the Earl of Bradford—Lord Bradford is an insurer at the office, and that account was brought in on 16th Oct.—there was a payment of Lord Bradford's on 16th—this is the foil in the book—he gave a receipt to each party—here is one receipt, and of course he gave a receipt to Lord Bradford—the effect of leaving a counterfoil in blank would at once have discovered that the money had been paid—he has entered a transaction of the 16th on the counterfoil of the 12th, because every receipt cut out must have 8 counterfoil—the prisoner continued in the service till 7th Feb.—I had no notion of hit being about to leave—this letter (produced) was received either on 8th or 9th Feb.—it is the prisoner's handwriting—this other letter is his writing—he never came back after the receipt of these letters.

Cross-examined by MR. PARRY. Q. This is a receipt for premium 8l. 15s. 6d., t and duty 16l. 10s.; I believe you receive the duty for the Government? A. Yes—that is carried entirely into a separate account for Government—the tax-treasurers are the trustees of that fund, Mr. Wood, Mr. Yule, and Mr. White—neither of the gentlemen whose names are in the

indictment are tax-treasurers—the duty is paid to the tax-treasurers, and they at the end of every quarter, or a limited time, pay the amount to Government—a clerk receiving the money, receives the duty on account of the tax-treasurers, and they pay the money to the Government—the premium is the common property of the office—our office is not chartered, and we have no Act of Parliament—it is not what is called a Joint-stock company—the Life-office I believe is carried on on what is called the mutual assurance principle, but I have nothing to do with the Life Office—I do not know whether the prisoner is an insurer in the Life Office—we have no books here that would prove that fact—I think I have understood that he had a life insurance, or bad applied for one—they are two distinct funds, and under a separate direction—the proprietors are the proprietors of the office—there is a deed of settlement which governs the conduct of the office, which in fact is the very foundation of the office—besides the tax-treasurers there are office-treasurers, Mr. Goode, Mr. Crange, and Mr. France, were treasurers in Oct.

MR. CLARKSON. Q. Is the fund of the proprietors generally liable to Government for the payment of Government dues? A. Certainly; they give a bond for that purpose.

JOSEPH THOMPSON (police-sergeant, F 11). I took the prisoner on this charge on 26th Feb. in the Downbam-road, Islington. I told him I called from the office to take him into custody—he asked how long I had been looking after him—I told him from the day after he had written to the office.

(The prisoner received a good character.)

GUILTY . Aged 30.—Recommended to mercy by the Jury.— Confined Eighteen Months.

(There were other indictments against the prisoner).

Reference Number: t18490409-897

897. GEORGE WILLIAM WHEATLEY was indicted for embezzlemet.

JOSEPH ASHBY . I have one partner. We carry on the business of cheese-mongers at Chelsea—the prisoner was in my service about two months—I marked some sixpences, and gave them to two parties to spend in my shop, and I retained two of them—next morning I left the prisoner in my shop, about half-past eight o'clock—I think there was a little boy in the shop with him, but he had nothing to do with the receipt of money—I examined the tills little before nine that morning, the 6th—I missed one of the marked sixpences which I had not given out—in the middle of that day I gave four other marked sixpences to spend—I examined the till about two o'clock; there should have been four sixpences in it—I gave the prisoner into custody in the evening—he maintained that he was innocent.

Cross-examined by MR. SLEIGH. Q. Then I understand this money was altogether in sixpences? A. Yes—this shop of mine is not very large—the till is against the window—a person serving at the other end of the shop would have no place to deposit the money but in the till—when the prisoner was at the other end of the shop, he had no right to lay money on the counter—I do not know that he did so—I never used to put money on the counter and leave it there in consequence of the distance from one end of the shop to the other—when I took the prisoner into custody he immediately protested his innocence—I said if he would confess he was guilty I would forgive him—he said he had never wronged any one, and he would not confess—I did not afterwards express my regret that I had given him in charge—I marked altogether five sixpences, and I have found three—I found two of them lying on the counter—I found none in the till.

JANE JEFFREY . I am a widow, and live at the Old Manor House, Chelsea. I received two sixpences from Mr. Ashby—I went to the shop on 6th March, bought a shilling's worth of eggs, and paid those sixpences

to the young man—on the same day I took two more sixpences, and bought a pound of butter with them—I paid the money down to the prisoner—I do not recollect whether he took it in his hand or not—I did not have any change.

Cross-examined. Q. Have you those sixpences here? A. No—I did not mark them myself—I should not know them—I gave the same that I received of Mr. Ashby—when I received them from him I tied them in the corner of a handkerchief.

EMILY MARIA ALDER . I live in Radnor-street, Chelsea. I received two sixpences from Mr. Asbby—I bought eggs at the shop with them.

Cross-examined. Q. Should you know them if you saw them again? A. No—I do not know Whether there was any other person in the shop—Mr. Ashby told me the sixpences were marked, but I did not examine them—J did not mix them with any other money.

EDWARD LINE (policeman, V 210). I was called to the prosecutor's shop on the evening of the 6th of March. I took the prisoner—I searched a box which he said was his—I found these three sixpences, and a purse containing two shillings, a sixpence, a fourpenny-piece, and a threepenny-piece.

JOSEPH ASHBY re-examined. These are three of the sixpences I marked—I cannot say what became of the two that were put on the counter—they were paid away.

Cross-examined. Q. Was the money you marked your own private money? A. It was out of my own private pocket—it was not the joint money of myself and my partner.

(MR. SLEIGH requested that the prisoner might make his own statement, he being insufficiently instructed, to which THE COURT consented, on the authority of The Queen v. Williams, Cox's Criminal Law Cases, page 363, and MR. SLEIGH afterwards addressed the Jury.)

Prisoner's Defence. I was giving change out of my own pocket when the parties came into the shop; this person came in for butter, and I gave some change to another customer out of my own pocket; I was at the other end of the shop; two or three customers came in, and I gave sixpence more change, and before my master came I paid myself by taking three sixpences, not knowing they were marked, and put them into my box; the policeman searched my box, and there were the three sixpences belonging to my master; I laid the two sixpences on the counter.

EDWARD LINE re-examined. At the time he was taken I asked him how he came by the money—he said, "It is my own money; I am innocent"—he did not say to me that he had given change out of his pocket.

MR. ASHBY re-examined. I found the two marked sixpences close to the till—the same hand that placed them there might have placed them in the till—we gave him 4s. a week at first, and then raised him a shilling.

NOT GUILTY .

Reference Number: t18490409-898

898. JOHN MAHON , stealing one handkerchief and 1 towel, value 5s.; me goods of Samuel Lovegrove and another.

WILLIAM LEE (City-policeman, 235). I searched a back room on the third floor, 49 Great Wild-street, Lincoln's-inn-fields. I found this handkerchief, marked, "E. Lovegrove, No.,23," and this towel marked "H. Lovegrove, London coffee-house, No. 60"—next morning I took the prisoner, at work as a plasterer, at the London coffee-house—he said he supposed the boy miust have put them into his basket, and he must have carried them home, and that he lived at 49, Great Wild-street.

Prisoner. The only towel I had was given me for cleaning; I should

have returned it next morning, but he took my wife into custody, and locked me out. Witness. The handkerchief was quite clean and folded up in a box, and the towel was in use as a table-cloth.

EVANS. I am clerk to Samuel and James Lovegrove, of the London coffee-house. This towel is theirs—it was not given to the prisoner to use—this handkerchief belongs to Mrs. Lovegrove.

NOT GUILTY .

THIRD COURT.—Thursday, April 12th, 1849.

PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. Ald. LAWRENCE; and EDWARD BULLOCK, Esq.

Before Edward Bullock, Esq., and the First Jury.

Reference Number: t18490409-899

899. ANN SAUNDERS , stealing 1 shirt, value 2s.; the goods of John Dimmock, having been before convicted: to which she pleaded

GUILTY . Aged 50.— Confined Eight Months.

Reference Number: t18490409-900

900. HENRY TYERS , embezzling 15s. 6d.; also 15s. 6d.; also 10s.; the moneys of George Climpson, his master: to which he pleaded

GUILTY . Aged 19.— Transported for Seven Years.

Reference Number: t18490409-901

901. JOHN SHAW , stealing 3 pairs of boots, value 6s., 9d.; the goods of William Yeowell; to which he pleaded

GUILTY . Aged 19.— Confined Four Months.

Reference Number: t18490409-902

902. DANIEL BURKE , stealing 1 handkerchief, value 2s., 6d.; the goods of John Claud Charles Vanni, from his person: to which he pleaded

GUILTY . Aged 14.— Confined Four Months.

Reference Number: t18490409-903

903. ALFRED BRYAN , stealing 1 handkerchief, value 4s.; the goods of Robert Graham, from his person; having been before convicted: to which he pleaded

GUILTY . Aged 13.— Confined Twelve Months.

Reference Number: t18490409-904

904. HENRY BAKER , stealing 2 shillings and 1 halfpenny, the moneys of Thomas William Privett, from the person of Eliza Privett: to which he pleaded

GUILTY .* Aged 17.— Confined Twelve Months.

Reference Number: t18490409-905

905. GEORGE SEARS , embezzling 3l., the moneys of John Beale Puddy, his master: to which he pleaded

GUILTY . Aged 48.— Confined Twelve Months.

Reference Number: t18490409-906

906. THOMAS BENTHAM, HENRY NANTON, JOHN BENTHAM , and THOMAS NEIGHBOUR , stealing 1 sheep's liver, value 5d.; the goods of Robert Babbs: to which

JOHN BENTHAM pleaded GUILTY .

NEIGHBOUR pleaded GUILTY

Confined Two Months.

RICHARD BROWN (policeman, B 116). On 10th March, about three o'clock in the afternoon, I was on duty in Sloane-street, and saw the prisoners running—I caught John Bentham with a coat under his arm, and a sheep's liver in it.

ROBERT BURN . I live in North-street. I saw the two prisoners at the corner of Sloane-street, and two about six yards off—I saw one take the meat and chuck it to the other, and then they all joined and ran away—I saw John Bentham caught.

JOHN GOSLING (policeman, B 162). I took Nanton and Thomas Bentham in King's-road, Chelsea, on the Monday following—when I caught Nanton

he called to Bentham, "You are in the nest: come along"—I told them the charge—they said they were not near the shop, and afterwards they said they were fire hundred yards off when the liver was stolen.

ROBERT BABBS . I missed some liver—it was brought back, and was mine.

THOMAS BENTHAM and NANTON— NOT GUILTY .

Reference Number: t18490409-907

907. THOMAS JOHNSON , stealing 1 coffee-biggin, value 14s. 6d.; the goods of John Aston Watson.

JOHN ASTON WATSON. I am an ironmonger, of Judd-street. The prisoner came to my shop about the 16th of January; I cannot say exactly, I did sot know him before, but am sure of him—he selected a coffee-biggin and a quantity of goods, and said he would accompany me with them to his house in Tonbridge-street, No. 24, I think—I and a lad went with him—we each took part of the goods—the prisoner carried the coffee-biggin—he went up a court in Tonbridge-street, to make water, and said, "You go on; I will overtake you;"—he did not do so—I went up the court, but never found him or the coffee-biggin.

Cross-examined by MR. BALLANTINE. Q. What day in the week was it? A. I do not know, nor whether it was the beginning or end of the week—it was about seven in the evening—my shop was lighted with gas—I cannot tell whether it was the 1st Jan. or the 31st—I do not make entries in my books until goods are paid for—I should have known the prisoner if I had met him—my notice-paper is dated 3d March—that was served on me some time afterwards—I was not told I was to see the person who had robbed me—I taw him in a public-house opposite Worship-street station, walking up and down—there were people in the room; I did not go in—I saw him through the door—he was not pointed out to me—Nicholls told me he was there—he did not say he was walking about—the boy was not with me—he has not seen him, and is not here.

NOT GUILTY .

Reference Number: t18490409-908

908. THOMAS JOHNSON , again indicted for stealing 1 coffee-biggin, value 145.; the goods of Richard Smith.

RICHARD SMITH . I am an ironmonger, of 3, Queen's-row, Chelsea. On 1st Feb., between five and six o'clock, just at dusk, I came home and found the prisoner there—he selected a number of articles—I am certain of the day, because I gave notice at the station that day, and got the date there—my wife asked me to make out a bill of the things—there was a coffee-biggin among them—when I came to it, I said, "Where is the coffee-biggin?"—she said, "The gentleman is going to carry that; he has got it in his handkerchief"—he held up his handkerchief, and said, "I have got it here"—my lad and his grandfather took the things, and the prisoner the coffee-biggin—my boy came back and told me something—I did not see the prisoner again till he was at Worship-street.

Cross-examined by MR. BALLANTINE. Q. Who pointed him out to you? A. He was in the dock—nobody was there with him—I bad seen in the Times that the person was in custody—my wife and father are not here—my father is eighty-two years old—the gas was alight—the prisoner spoke of wing employed in a Government-office—he referred to my wearing spectacles—his spectacles caused me to pay particular attention to his features—he had a particular way of laying hold of them—he wore a black hat, and had the same one on at the police-court—just as I was called in here to-day, a man was shown to me by the prisoner's daughter as being like him—he was looking into a shop—I suppose he was about the same age—(See the case of Thomas Smithers, Third Court, Saturday)—I do not know whether he wore

spectacles—he was not in custody—I have no doubt about the prisoner—his daughters appear respectable—I recollect his face pretty well—it must hare been about half-past six when he came—the gas was alight in the shop, but not in the window.

RICHARD SMITH , Jun. I am the son of, and shopboy to, the last witness. The prisoner came to our shop between five and six o'clock in the afternoon—I went with him and carried half-a-dozen knives, a saucepan, and a teakettle—as we went along, he told me to wait a bit while he made water—I waited a little while, and then saw he was gone—I went to the station—I am sure be is the man.

Cross-examined. Q. Are you sure it was between five and six o'clock.? A. Yes; the gas was lighted in the shop—there was no gas outside; all the gas there was lighted, and bad been so about a quarter of an hour—the prisoner had a very odd way of twisting his spectacles—I and my father have talked about it; my father showed me how he did it—I am sure he had not his hat off; it was black—I did not see him again till I saw him with my father, it Worship-street—I never saw a person like him—he was in the shop about half an hour.

MR. BALLANTINE to RICHARD SMITH. Q. Have not you said this was on the 13th.? A. Yes, I knew it was on a Thursday; but I find from the police report that it was on the 1st.

MR. BALLANTINE called

MARIA FONSECA . I am a widow, living on property left me by my husband, who was a merchant. I live with my married sister—the prisoner is our father; he used to pass his evenings at our house—I have not yet had my attention called to Feb. 1, but I have witnesses to prove my father was with us on the two occasions—he sometimes dined with us, about two o'clock—he was in the habit of coming between three and four, and remaining the rest of the evening; he has done so almost every day this year—I do not recollect any evening in Feb. when he was not with us—he is sixty-eight years old, and has a good deal of infirmity—I never saw a coffee-biggin in his possession—I have not often gone to where he lives—he does no work; I am his principal support, and from my opinion of this matter shall continue to be so, as I feel convinced he is innocent—a person is committed for the same kind of fraud: he is not like my father—I am certain my father was with us on 13th and 17th Feb.; I cannot say as to 25th Jan. and 1st Feb.

EMMA KENNEDY . I am one of the prisoner's daughters. My husband is a highly-respectable tradesman, and keeps a house of business in the City, and a private house as well—I used to see my father whenever he pleased to come, which was nearly every afternoon—I have not heard 1st Feb. mentioned before to-day, and have only turned my attention to the 13th and'17th—I swear he was there on 13th and on 17th; he came at four o'clock; he generally came at four—he was there nearly every day in Feb.; it was oftener than my husband wished—I cannot remember 25th Jan—I took no note of when he was away—if he had had any coffee-biggins I think I must haw known it, and then we should not have appeared here to-day.

(The prisoner received a good character.)

NOT GUILTY .

Reference Number: t18490409-909

909. THOMAS JOHNSON was again indicted for stealing 1 coffe-biggin and 1 tea-pot, value 1l.; the goods of John Piper.

JOHN PIPER . I am a furnishing—Ironmonger, of Dean-street, Barbican. On Saturday, 17th Feb., the prisoner came to my shop—he had a hat and a handkerchief up to his face; I cannot swear to him—he looked out a teakettle, saucepan, coffee-biggin, and teapot, and ordered them to be sent

to his place, 49, Redcross-street, I sent my lad with them—he returned without the coffee-biggin.

Cross-examined by MR. BALLANTINE. Q. What time was it? A. Between seven and eight o'clock.

CHARLES MORTON . I was in my master's shop on Saturday night, and went with some things with the prisoner; I swear positively to him—he carried a tea, or coffee-biggin; he had asked me for it going along, as he said I might lose it—he said, "I want to make water, boy; you go to 49, Redcross-street, and I will overtake you"—he went up Cradle-court—I went to 49, Redcross-street, but no such man lived there—he had not given me his name—he did not come—I went to 49, Fore-street, but could not find him there—I looked up Cradle-court for him, and then went home.

Cross-examined. Q. When did you see him again? A. At the police-court; the Magistrate pointed him out to me.

MR. BALLANTINE called

MARIA FONSECA . On Saturday, 17th Feb., at four o'clock, or half-past, my father came to our house; it was the day he was let out on bail from the House of Detention, when one of these cases was going on, so that if he committed this offence it must have been while the other eases were being investigated—he had tea with us, and remained till half-past eight

EMMA KENNEDY . My father came home about half-past four, on 17th, Feb., from the House of Detention—we urged him afterwards to go home as he had a bird which required attention, and he left early.

NOT GUILTY .

(There were two other indictments against the prisoner for similar offences, on which no evidence was offered.)

Reference Number: t18490409-910

910. HORATIO WRYGHTE and CHARLES WRYGHTE , stealing 3 bottles, 3 pints of wine, and 1 pint of brandy, value 13s. 6d.; the goods of Charles Clarke, the master of Charles Wryghte: to which

CHARLES WRYGHTE pleaded GUILTY . Aged 20.— Confined Four Months.

CHARLES CLARKE . I keep a public-house, in Ironmonger-row. On Saturday evening, 3d March, a constable came to me with a bottle of brandy, one of sherry, and one of port—I knew the port to be mine by the seal—I drew some brandy from the cask, and found it to be of the same temperature as that in the bottle—the prisoner Charles was in my service; I gave him into custody—he had access to the wine-cellar—I know the prisoner Horatio, and have repeatedly wished him to leave my house—I saw them both in the tap-room together that afternoon, at four o'clock.

RICHARD Moss (policeman, G 195). On Saturday evening, 3d March, I stopped the prisoner, Horatio, in St. John-street, and asked what he had got, and where he was going—he refused to tell me—I said I was a constable, and again asked what he had got—he then said he had got some wine, which his brother had given him—at the station he said that Mr. Clarke, of 12, Southampton-square, had given it him—I went there; no Mr. Clarke lived there—I then went to the prosecutor's, and took Charles—he said he had had some, but not so much as Mr. Clarke said.

Horatio Wryghte's Defence. My brother asked me to take the three bottles of wine; I did not know they were stolen; I made the false statement because I did not want my brother to get into any trouble.

HORATIO WRYGHTE— GUILTY . Aged 18.— Confined Six Months.

Reference Number: t18490409-911

911. GEORGE PULHAM , stealing 5 sovereigns and 1 5l. Bank-note; the moneys of Edward Cook Bourne, his master.

MR. PARNELL conducted the Prosecution.

GEORGE KING GILES . I am foreman to Mr. Bourne, a hatter, who has a shop in Regent-street, which I manage, and another in Lamb's-conduit-street—the prisoner was the errand-boy and porter about six months—I used to send the prisoner every evening to Mr. Bourne, with a statement of the day's proceedings, the cash taken, and any memorandum I might have to send—he used to carry it in his right-hand trowsers' pocket—on the evening of 23d Feb. his wages were due—about twelve o'clock in the day he asked me to advance Is. for his dinner; I told him to ask the man in the shop, and he afterwards told me he had got it—in the evening, at twenty-seven minutes after six, I sent him to Mr. Bourne with a bundle of goods and a small parcel, containing a statement of the day's proceedings, five sovereigns, a 5l.-note, and two notes addressed to Mr. Bourne—as he stood by me I placed a box on the counter, and it swept the parcel on to the floor—it fell weighty, as if there were sovereigns in it—he heard it fall—I said, "George pick that up, it is the cash and the day's statement"—he did so—I did not see which pocket he put it in, it I was about the size of a card.

Cross-examined by MR. PATNE. Q. When did he come to you? A. I Last June—I have sent him with goods and money every night during those I eight months—the five sovereigns were wrapped in the note, and the note in I another piece of paper, he did not come back for his wages—I have sent a good deal of money by him from time to time.

EDWARD COOK BOURNE . The prisoner came to me at the shop it I Lamb's-conduit-street at twenty minutes past seven, and laid a bag dots I on the counter—he gave me this small piece of paper—(produced)—I said, I "Have you nothing else?"—he said, "Yes, I have something else," he pat his hand in his back coat pocket, and before he had time to search it he said, "But I have lost it"—he said so immediately—I said, "What is it you have I lost? was it money?" and he said, "No, I think there was no money; I think it was cards"—I said, "Let me see the hole in your pocket"—he took off his 1 coat, this is it (produced)—I put my hand into the pocket, and it came out it I the bottom—the pocket has been rent open; it was a new rent—in every other I part the coat was perfectly sound—I said, "Do you mean to say you had a hole in your pocket like this without knowing it?"—he said he knew he had a hole in his pocket, but he thought it would not fall through—I had never I before seen him take it from any pocket but his right trowsers' pocket, and I said, '"Let me see what you have got in your trowsers' pocket?"—I turned it out, and it was empty—I looked at the left-hand one, and found 2s. 7d. a knife, I and a button.

GEORGE KING GILES re-examined. This paper is what I gave him on that I evening—it has my initials on it—I gave it him loose.

HENRY CARDELL . I am in Mr. Bourne's employment, at the Regent-street I shop. About half-past eight in the morning, on 23d Feb., I lent the prisoner I a halfpenny, as he said he had not sufficient to get a loaf. NOT GUILTY .

Reference Number: t18490409-912

912. JOHN BELL , stealing 1 purse, value 1s., 3 sovereigns, and 15s.; I the property of Benjamin Lewis Baynham, from the person of Ann Baynharn: I having been before convicted.

MESSRS. RYLAND and LAURIE conducted the Prosecution.

MICHAEL HAYDON (City-policeman). On Monday evening, 26th March, I was on duty on London-bridge, in company with Brett—I saw the prisoner and another man, coming from the Surrey side towards the City—near the centre of the bridge they met a lady, and turned back after her—the prisoner walked close to her, and looked at the right-hand side of her

dress—he then put his hand into her pocket, and walked several paces with his hand there—he then took it out, and ran across the road—I followed him with Brett—he looked over his shoulder, then drew his hand from his pocket, and threw something like a purse over into the river—I went after the lady—the prisoner was taken to the station, and the lady there said, "How cruel it was to rob me of every farthing I had in the world"—he seemed rather sorrowful, and begged her pardon.

Cross-examined by MR. CHARNOCK. Q. What time was it? A. About seven o'clock, and just getting dusk—I cannot swear what it was he threw over—I was not near enough to see precisely—I was within two yards of him—Brett was not so near as I—I have been in this sort of case before—I never swear to the thing unless I am positive—the prisoner had his left-hand in the lady's right pocket.

JAMES BRETT (City policeman, 13). I was with Hay don, and saw the prisoner and another coming from the Surrey side—they turned short round on the prosecutrix, and the prisoner walked close up to her right side, and the other one close to him, and rather behind—I did not see what took place, as I was behind Haydon—I saw them run across the road—I and Hay don followed them—just as Haydon got within reach of the prisoner, I saw him throw something over the bridge, which I believe was a purse—he then stooped down, and I caught him.

Cross-examined. Q. Did you ever before say you believed it to be a parse? A. Yes, before the Magistrate—Haydon was nearer to him than I—we were both in plain clothes.

WILLIAM MOUSLEY . I am a chair-maker, of 22, Dunn-street, Mile-end-road. On the evening of 26th March I was coming over London-bridge and taw three men running towards me—the prisoner was first—I looked round and saw something go over the bridge, which I supposed was a bit of chain—it was nearly dark—the prisoner stooped down under Haydon's arm to dodge him, and Brett collared him.

Cross-examined. Q. What it was that went over you cannot tell? A. No—I saw something glistening, from the lamp on the bridge.

ANN BAYNHAM . I am the wife of Benjamin Lewis Baynham; we live at Southampton. On the evening of 26th March, I went over London-bridge—I had come out of an omnibus five or seven minutes before, paid my fare, and put my purse into my pocket again—it had steel beads—I stated the amount wrong, in my confusion—I afterwards calculated what I had paid, and found there were only two sovereigns and fifteen shillings in the purse—Haydon spoke to me—I immediately examined my pocket, and the purse was gone—I had this dress on.

Cross-examined. Q. Do you carry your handkerchief there as well as your purse? A. Yes; but my handkerchief was then in my muff—it had not been in my pocket at all—I had no hole in my pocket—I got out of the omnibus in King William-street, and walked on to the bridge—I had not stopped at any shop—I had no occasion to put my hand into my pocket, until Haydon spoke to me—the pocket is in my dress—I do not put my hand through my dress to get at it—I never had anything slip down between my dress and other clothes—when I once have my hand in it I cannot drop anything—it is a very different pocket from those that used to be worn.

JAMES CUDDY (policeman, L 194). I produce a certificate (read—John Bell convicted, Aug, 1844, of stealing a handkerchief; confined six months)—the prisoner is the man.

GUILTY .** Aged 21.— Transported for Seven Years ,

Reference Number: t18490409-913

913. GEORGE HOSSELL , stealing 2 heifers, price 23l.; the property of Edward Moss.

WILLIAM HIDER . I am foreman to Edward Moss, a carcass-butcher, who has a slaughter-house in White's-row, Spitalfields. On 26th March, about half-past four o'clock, I left the slaughter-house safe, with two bullocks and two heifers in it—in consequence of something I heard at a quarter-put eleven, I went with my master, and missed the two heifers—they were Mr. Edward Moss' property—we found the prisoner at the police-station, and the heifers at the Green-yard.

ELIZABETH BELCHER . I am the wife of Frederick Belcher, of White's-rot, nearly opposite Mr. Moss' slaughter-house. On this evening I went out for some beer about a quarter or twenty minutes to nine o'clock, and saw two men, of whom the prisoner is one—he had the padlock of Mr. Moss' slaughter-house in his hand, in the act of turning it with some instrument—I believe he saw me—I withdrew from the door, and went a little further, watched them, and saw them both go into the slaughter-house—when I came bad with the beer, the beasts were taken out of the slaughter-house.

ALICE DUDLEY . I keep a fruit stall in Whites-row. About two o'clock on the afternoon of the 26th, I saw the two heifers driven into Mr. Mow-about nine I saw the prisoner and another man pass me, driving them towards Spitalfields Church—I told Potter.

HENRY THOMAS POTTER (policeman, H 69). I was on duty in the Commercial-road, and saw the prisoner and two others driving the beasts, about twenty minutes before nine o'clock—Dudley told me something, and I followed then—I told another constable—as soon as they saw me, they ran away, and left the heifers—I remained with them, and afterwards took them to the Green-yard.

EDWARD CARTER (policeman, H 215), About nine o'clock on the 26th, I met Potter, and he spoke to me—I saw the prisoner driving the heifers, as soon as he saw me he ran away, and left them—I followed him; another constable stopped him.

CHARLES SIMPLE (policeman, H 56). About a quarter-past nine o'clock I heard a cry of "Stop thief!" and saw the prisoner pursued by Carter—I stopped him. GUILTY . Aged 24.— Transported for Seven Years.

Reference Number: t18490409-914

914. JAMES PERRY, WILLIAM JOHNSON , and JOHN HUGHES , stealing 1 purse, value 3d.; 1 half-crown, and 4 sixpences; the property of Sarah Envens, from her person; Perry having been before convicted: to which

JOHNSON pleaded GUILTY . Aged 15.— Confined Six Months.

HUGHES pleaded GUILTY .** Aged 17.— Confined Twelve Months.

MICHAEL HAYDON (City-policeman), On 6th March, about six o'clock, I was on London-bridge, and saw the prisoner Johnson put his hand into a lady's pocket—the two others were walking close behind him—he took his hand out, went along King William-street, turned down the steps, and joined the others, five minutes after—they then returned to the bridge, and followed another lady—I was joined by Scott—I saw Johnson put his hand into another lady's pocket, and the other two walked close behind; be drew his hand from her pocket, and passed something to Hughes—I went after the lady, and in consequence of what she said, I went after the prisoners, and took Perry in Pudding-lane—I went after Hughes, and said, "I want that purse you have got"—he said, "I have got no purse"—I took him by the collar; he had his hand in a hole, like a pocket-hole, and this purse dropped at his

feet—I picked it up, and there was a half-crown and four sixpences in it—I had seen the prisoners all together about half an hour.

GEORGE SCOTT (City-policeman, 560). I was with Hay don, and saw the prisoner, Johnson, put his hand into the lady's pocket—Perry was then in front of her, and kept dodging about to prevent her going fast—I saw Johnson pass something to Hughes—Haydon went after the lady, and I took Johnson and Perry into custody.

SARAH ENVENS . I live at Guy's Hospital. This purse is mine, it had a half-crown and four sixpences in it, when I left Guy's Hospital—when I got to the bridge the policeman stopped me, and it was gone.

JOHN WHITLANB (policeman, M 89). I produce a certificate (read—Henry Jenkins convicted Feb, 1846; confined three months)—perry is the person—he has been since convicted, and had three months.

PERRY. GUILTY .* Aged 20.— Transported for Seven years.

Reference Number: t18490409-915

915. WILLIAM CLARK , embezzling 5l.; the moneys of Thomas James Scaley, his master. MR. PARNELL conducted the Prosecution,

THOMAS JAMES SCALE . I keep a school at Wellesley-house, Hampstead; the prisoner was in my service. On 20th March, at a little after six o'clock, I sent him to Mr. Morley's, with a 5l.-check to get changed, and an order for some books—he did not return—I have since seen the check at my bankers.

Cross-examined by MR. PARRY. Q. You had a good character with him? A. Yes.

ZACHARIAH MORLET . I am a bookseller. The prisoner came to me on 20th March, said he came from Mr. Scaley, and asked me for change for a check—I gave him three sovereigns, three half-sovereigns, and ten shillings.

ROBERT STRINOEE (City-policeman, 634). On 29th March, about half-past one o'clock in the morning, I was in Primrose-street, Bishopsgate, and saw the prisoner standing against a lamp-post—I asked him what was the matter; if he had lost his shipmates—he said, no, he was very cold.

Cross-examined. Q. Did you find a bag of clothes at his lodging? A. Yes; they were such as a person going to sea would have—he said he wanted to go to sea, but could not get a register.

(The prisoner received a good character, and his mother engaged to send him to sea.)

GUILTY . Aged 18.—Recommended to mercy by the Jury,— Judgment Respited.

OLD COURT. Friday, April 13th, and Saturday, April 14th, 1849.

PRESENT—The Right Hon. the LORD MAYOR; Mr. Baron PLATT; Mr. Justice WILLIAMS; Sir JOHN KEY, Bart., Aid.; Mr. Ald. GIBBS; Mr. Ald. CHALLIS; Mr. Ald. SALOMONS; Mr. Ald. GARDEN, and EDWARD BULLOCK, Esq.

Before Edward Bullock, Esq., and the Fourth Jury.

Reference Number: t18490409-916

916. GEORGE JONES and JAMES TURNER , burglariously breaking and entering the dwelling-house of James Lassam, at Christchurch, and stealing 2 pairs of trowsers, value 10s.; his goods: to which

JONES pleaded GUILTY .—Aged 31

TURNER pleaded GUILTY .—Aged 22

Transported for Seven Years

Reference Number: t18490409-917

917. THOMAS CARTER was indicted for a robbery, with two others, on Thomas Cotton, and stealing 1 half-crown, 1 sixpence, and 1 farthing; his moneys.

THOMAS COTTON . I am a smith. On the morning of 6th March, between two and three o'clock, I was in Henry-street, Hampstead-road—I had been to a party and had drank a little, but I knew perfectly well what I was about—the prisoner and two others came up to me, the other two held my arms while the prisoner picked my pocket—I called "Police!" and tried to get away; and as soon as I did, I missed a half-crown, sixpence, and a new farthing from my left trowsers pocket, and which I know I had safe not ten minutes before—they ran way—I ran after the prisoner, calling "Police!"—I laid hold of him at the corner of Henry-street, and gave him to a constable who came up—I had not lost sight of him at all—at the station he said to me "So help me God, my good fellow, I am not the man that has got your money, but I have got three shillings of my own, I will give you that if you won't lock me up"—he was going to hand me the money, when the constable snatched it from him—it was a half-crown, a sixpence, and some halfpence, and a net farthing among it.

Prisoner. Q. Can you swear to the farthing? A. No, but I had a new farthing—I swear you are the man that put your hand into my pocket and took my money—I have not asked your friends for a sovereign not to go. before the grand jury.

JOHN WILLIAMS (policeman, S 410). I was standing at my own door in Brook-street, Whitechapel, and heard cries of "Police!" two or three times—I was not on duty—I went to the corner of Henry-street, and saw the prisoner, in company with two other men, walking ahead of the prosecutor, who was following them—he came up to me and said he had been robbed—he seemed exhausted—I laid hold of the prisoner—the others got away—the prosecutor told me, in the prisoner's presence, that he had robbed him—the prisoner denied it; I took him to the station—he was there going to" give the prosecutor the money, and I took it from him—it was a half-crown, a sixpence, a new farthing, and a counterfeit shilling—he said, "Take this, it is not worth your while locking me up."

JOHN KING (police-sergeant, S 7). I was acting inspector when the prisoner was brought to the station. He said to the prosecutor, "So help me God, my boy, I have not had your money, but I have three shillings of my own which I will give you rather than be locked up all night"—Williams took the money, and among the coppers was this new farthing.

Prisoner's Defence. As I was coming along Brook-street, I heard a cry of "Stop thief!" I crossed the road, and saw the prosecutor and another man, dressed like myself, standing together; they walked on; I was walking just a-head of them; he was hallooing out "Stop thief!" three policemen came running up, and he said, "These two men have robbed me;" I saw three or four men running away; I was taken, and they let the other man walk away; when I got to the station, I had a half-crown and some halfpence which I bad taken on Saturday night for selling things, and, rather than be locked up, I said "You shall have it," and he was going to put it into his pocket, when the policeman took it out of his hand; the prosecutor was in a dreadful state of intoxication, and did not know what he was about; the sergeant did not know whether to book the charge against me, but he has a spite against me.

JOHN WILLIAMS re-examined. The prosecutor was not so intoxicated as not to know what he was about.

GUILTY .** Aged 22.— Transported for Ten Years ,

Reference Number: t18490409-918

918. WILLIAM WATSON and JAMES CANFIELD , breaking and entering the dwelling-house of George Thompson, and stealing 1 clock, value 15 s.; his goods. MR. BRIARLY conducted the Prosecution,

GEORGE THOMPSON . I am a clock-maker and boot-closer at 10, Lower Whitecross-street, in the parish of St. Giles Without, Cripplegate. On 3d April I went to bed at twenty minutes to one—I only occupy the shop and parlour—my part of the house was safe—I got up at quarter to seven—my wife was up before me—she is not here—I (found the outer door as usual, it must have been entered by a false, key, I missed a clock worth fifteen shillings, and some legs worth ten shillings—this is the clock (produced,)

JAMES SMITH . I work for Mr. Thompson. On 3d April, I went to the house about quarter-past seven—my mistress unlocked the door for me—I missed three boot-legs which were safe at eight the night before.

HENRY NORTON . I am a marine store dealer of 66, Milton-street, Cripple-gate. On 3d April, at quarter to seven, Watson came and asked me to buy a clock, that he knew a party who had one to sell—I said, "No"—Canfield stood about 200 yards off with a bundle under his arm.

Canfield. Q. You said at Guildhall you could not swear to me? A. No, but I think it was you—I knew you both by sight.

JAMES WRIGHT . I am a carpenter of Phillips-court, Milton-street. On Tuesday morning, 3d April, Watson brought this clock and wanted 4s. on it—I took it to my master—he said it was not worth it, and gave 2s. 6d. for it, which I gave to Watson, Canfield was with him—I gave it up to the prosecutor next morning—this is it.

ROBERT PACKMAN (City policeman, 133). On 4th April I went to Canfield's lodging, 4 Sun-court, Milton-street—he was taken, and had given that address—I found this key there, which opens Mr. Thompson's door with the greatest ease.

WATSON— GUILTY .*—Aged 23.

Transported for Ten Years.

CANFIELD— GUILTY .*—Aged 18.) Transported for Ten Years.

Before Mr. Baron Piatt.

Reference Number: t18490409-919

919. BARTHOLOMEW PETER DROUET was indicted for feloniously killing and slaying James Andrews:—he was also charged upon the Coroner's Inquisition with the like offence.

MESSRS. CHAMBERS and CLARKSON conducted the Prosecution.

WILLIAM ROBERTS JAMES . I am a solicitor and clerk to the guardians of the Holborn Union, and have been so since March, 1838. In consequence of the over-crowded state of the workhouse belonging to that union, in Oct., 1847, I entered into an arrangement with Mr. Drouet, to send the pauper children to his establishment at Tooting; that was by the direction of the guardians, and consent of the Poor-Law Commissioners—I have here the letter containing the approval of the Poor-Law Commissioners—I first had a personal interview with Mr. Drouet, that was in the beginning of Oct., 1847—I had received directions from the guardians to seek a place for the children, and knowing that Mr. Drouet farmed children, I requested that he would call upon me at the Union Workhouse the first time he came to town—I saw him, and then obtained from him the terms upon which he received children, what he did for them, the price, and all the particulars; and when he went away, I said, "Now, Mr. Drouet, I cannot undertake to state to the guardians everything that has passed between us to-day, when you get home be kind enough to commit it to writing, and let me have a letter"—and in consequence I received this letter—I know it to be his handwriting—(reads—" 16th Oct.

1847. To Mr. James. My dear sir, my establishment is for children only, and I have spared no expense to make it second to none; there are five schools conducted by competent teachers, and the Chaplain; various trades are taught by well-conducted masters, on a large scale, so that we are enabled to fit boys for all kinds of servitude—the girls being carefully instructed in needlework, laundry, washing, and the general household work. I can take the number you may require to place out at 4s. 6d. per head per week; this includes every charge, as also conveying them to and from the establishment."—I laid that letter before the board of guardians, and a resolution was come to by the Board, that the children should go—I have here a letter which I sent to Mr. Drouet embodying the resolution—(reads—"The important matter of the removal of our boys has been determined in the affirmative, and you are to have them; but it is still thought by some of your best wishers, that you cm afford to take them at 4s. per head per week; they are earning us, and will be earning you, very considerably. It is thought that the past ought not to be taken by you into consideration; it is not the same as asking you to lower your charges for children you have had during the hard times; we have hid them during those times. I am sure that in the whole you would be a greater gainer at 4s. per week, than you would at 4s. 6d., that is if you prefer a greater number. So strong is the impression of a great part of our Board; at present about ninety will be ready to be handed over to you at our workhouse, on Wednesday next, at two o'clock. I will take care that they shall be decently clad, and you will take care to be prepared to receive and carry them off our premises at that time. I will thank you just to drop me a line acknowledging the receipt of this communication, and saying you will be at the workhouse at the time I have named."—This was written on 4th Nov., and on 5th Nov. I received this letter from Mr. Drouet:—(reads—"Dear sir,—I will arrange for the children coming away as appointed, on Wednesday next. I feel confident of arranging the price to the satisfaction of the Board, after I find the children can render me any assistance, as I only want a fair return for my attendance, &c."—Eighty-one boys went on the Wednesday; the deceased boy was not one of them—we endeavoured to send none under six years of age—they were between six and twelve, thirteen, or fourteen, as far as we could ascertain their ages; but some children at fourteen are younger than others at eleven or twelve—abort thirty more boys were sent between that and the beginning of Dec.—I bare the returns here from week to week—perhaps six or eight had been discharged during the same period—it was a debtor and creditor account of children—at the time the first number of children were sent I understood from Mr. Drouet himself, that there were about 800 or 850 children in the establishment, and that he could well receive 1200—I had myself visited the establishment, and it was there that I received the information.

COURT. Q. Did you go over the wards? A. I did—in my capacity of clerk to the guardians, I have been in the habit of going occasionally to the workhouse, and seeing the accommodation there—from my inspection of Mr. Drouet's establishment, it appeared to be quite sufficient to contain 1200 children.

MR. CLARKSON. Q. Did you continue to send other children to the establishment between Nov. and a few weeks afterwards in 1847: up to Oct. in the last year? A. Up to Dec. last year, the deceased James Andrews was sent on 28th Oct., 1847—in Dec, 1847, we still found our workhouse very much crowded, and in the early part of Dec. it was determined that the girls should be sent to Mr. Drouet's—precisely the same arrangement was made with regard to them as to the boys—I wrote to Mr. Drouet to inform

him that we found it necessary to send our girls, and asking if he could receive them—I have his answer to that letter.

COURT. Q. Did not the guardians inquire what dietary these children, should have? A. Oh, yes; on 25th Oct., 1847, it was determined that the guardians should go down and inspect the place, and make all inquiries—the chairman, and six guardians, with myself, went to the establishment, and by direction of the deputation, this report was drawn up to the Board (read)—"The committee desire to report to the Board, that they, this day, visited Mr. Drouet's establishment at Tooting, and inspected every part thereof; they were present at the children's dinner, witnessed the mode of instruction adopted in the different schools, and also the industrial training of the children, and they desire to report their entire satisfaction at the whole of the arrangements. There are at this time about 850 children farmed at the establishment, and there was scarcely one so ill as to require medical aid. The soil is gravelly, and appears to be dry and healthy, and those members of the committee acquainted with the Norwood establishment"—that is, where some of the children formerly had been—"consider that the one at Tooting is, by no means, so bleak, or so exposed to cold and cutting winds as that is"—that is the report that was presented by this committee to the board of guardians, and upon which, in fact, it was determined to send the children—annexed to this report is the printed dietary of the establishment—it was given to me by Mr. Drouet at the time the guardians were there (read)—"Surrey-hall, Tooting. Dietary.—Breakfast:—The breakfast every day is the same, namely, pottage composed of flour, rice, and milk, with water and salt in sufficient proportions;—this is for the strong children—the infants, those newly-admitted, and the weakly, have boiled bread and milk—the allowance of bread to the healthy children is according to age, being 6, 5, and 4 ozs. to each.—Dinner:—There are three meat dinners in each week, viz., Sunday, Tuesday, and Friday—the quantity of meat, free from bone, to each child is regulated according to age, being 5, 4, and 3 ozs. each, with 3l. 4lb. potatoes; if with cabbage, unlimited: on Monday, Wednesday, and Saturday, soup, made from the liquor in which the meat had been boiled, assisted with legs and shins of beef, peas, and a proper quantity of vegetables, pepper, salt, &c., each child one pint, with bread; on these days the same quantity as at breakfast: on Thursday, suet-pudding, the quantity being 12,10, and 8ozs., according to age, &c., to each. Supper:—the suppers every evening are either bread and butter, or bread and cheese, sometimes treacle with milk and water; should milk be scarce, which sometimes may be the case, then the children have good broth. Little children are dieted in the best way I can, as no fixed diet can be adopted—some have meat and porter daily. In sickness, the diet is regulated by the doctor." There is something written on each aide of this, which was written at the time, "Licensed for 1200—In: 800 or 850, 4s. 6d. per head per week—clothes"—that was put there, because there was nothing said in the printed particulars with regard to clothes, and it was to put that out of doubt; the children went fairly clothed, and they were to be clothed by Mr. Drouet—for 4s. 6d. a week; they were to have lodging, food, raiment, and every thing.

MR. CLARKSON. Q. How many girls went? A. Sixty-one the first day, and then it was really a debtor and creditor account throughout the whole year—some weeks there might be five or six, or a dozen discharged—in other weeks there might be a dozen sent, and only five or six discharged; therefore, at the end of the year the balance would be much about the same as at the commencement—the boy James Andrews was sent on 28th Oct., 1848, and remained until 5th Jan., 1849—he was then brought from there to the Royal

Free Hospital, in Gray's-inn-road—by a resolution of the board it wag the practice for the guardians to pay monthly visits to Mr. Drouet's establishment, that they might have an opportunity of seeing the mode in which the children were treated there; and reports were made as the results of those visits.

COURT. Q. Was there any set day for those visits? A. No set day; it was to be once a month—Mr. Drouet could not be aware of the time when the guardians would come—they would come upon him on a sudden?

MR. CLARKSON. Q. On 4th Jan., 1848, after the monthly visit on the part of the guardians, did they make a report? A. The first was on 30th Nov., 1847 (reads—"Holborn Union, 30th Nov., 1847. The undersigned guardians of the Holborn Union, in company with Mr. White, one of the medical officers of the Union, this day, visited and inspected the establishment of Mr. Drouet, at Tooting—they find four children confined with an attack of measles, at present doing well—the general appearance of the other children is healthy and satisfactory, and those that were sent in a weakly state from previous disease much improved—they attended during dinner, and found the food wholesome and sufficient—they found the premises very clean and well ventilated, the bedding clean, and well arranged, and the establishment appeared to be conducted in a satisfactory manner"—that is signed by Stephen Peason, William Hunt, and Richard Hurst, three of the guardians; and by Edward White, one of the medical officers of the Holborn Union. The next is, "Jan. 4, 1848. Gentlemen,—We on the rota this week, having visited Mr. Drouet's establishment, beg to make our report to the Board—we found the children, generally speaking, in good health, cleanly in their persons, and their comforts well attended to—as regards the complaint of----Slight as to the insufficiency of food, we consider it to be ungrounded—Elizabeth Maile having complained that on a recent visit she found her children in a dirty state, her children had our particular attention, and we found that there was no just cause of complaint on her part"—that is signed by William Hunt, Richard Home, and Richard Goodrich, three of the guardians. The next was on 9th Feb—that is a report in the form of a letter to the board; some are in the shape of a formal report, and others in the shape of a letter—the gentlemen generally subscribe the reports, only it so happens that this one is subscribed by only one of the three, instead of by all.

COURT. Q. How came these gentlemen and the others to have gone down to the establishment more than any other of the guardians? A. They were on what we call the rota for visiting the workhouse and other places during the week; there was no particular resolution appointing them to go, only appointing the gentlemen on the rota, not naming them in particular; there was a general resolution come to in Dec, 1847, that the gentlemen who were on the rota should visit the establishment at Tooting during each particular month, and these were gentlemen who ought to have visited the establishment in that month.

MR. CLARKSON. Q. Was it the practice for the guardians, or such of them as made these monthly visits, to enter their reports in a visitor's book at Mr. Drouet's establishment.? A. They might or might not enter anything they pleased there—I do not know that all did so, but I know some of them did. (The book was here put in, and a variety of entries were read from it, from 4th Jan. to 9th Dec. 1848, signed by the visiting guardians, expressive of their satisfaction with regard to the appearance of the children, the food, and in general management of the establishment.)—On 4th Jan. 1849, there is the following report from Mr. Whitfield, one of our medical officers—(read—"The

undersigned have examined Mr. Drouet's establishment, and the sick children belonging to the Union of Holborn and the parish of Newington. We find that the cold cholera prevails very extensively amongst them in its severest form. We suggest the general use of flannel as an under garment, i. e., Welsh flannel shirt. We also recommend that each bed should have four blankets, three for a covering, and one to lie upon. We also recommend that fire places be introduced instead of the stoves, wherever they are in use. We also advise that instead of the suet-pudding, rice-pudding be substituted, and that the pease-soup be changed for Scotch barley-broth. We advise also that the children have meat four days in the week, beef and mutton alternately, and we would much prefer it roast. (Signed,) W. B. WHITFIELD & J. C. LEWIS.")—I do not know who Mr. Lewis is—I did not subscribe that report—that was not a visit of the guardians, but of the medical officer after it was reported that the cholera was there—there was a visit of the guardians on 9th May, 1848, of which no report was signed in Mr. Drouet's book—the visiting guardians on that occasion were Messrs. Winch, Rebbeck, and Mayes—this is the report which they made to the guardians after that visit—(read—"We beg to report to the Board our having, on Tuesday, the 9th of May, visited Mr. Drouet's establishment at Tooting, to ascertain the state of the children's health belonging to this Union. We were there at the time of dinner being supplied, and are of opinion that the meat provided was good, but the potatoes were very bad. We visited the school rooms, dormitories, and workshops; everything appeared clean and comfortable. Yet we are of opinion that the new sleeping-rooms for the infants on the ground-floor has a very unhealthy smell. The girls belonging to the Union looked particularly well. The boys appeared sickly, which induced us to question them as to whether they had any cause of complaint as to supply of food or otherwise. About forty of them held up their bands to intimate their dissatisfaction; upon which Mr. Drouet's conduct became violent. He called the boys liars, described some that had held up, as the worst boys in the school, and said if he had' done them justice, he should have followed out the suggestion of Mr. James, and well flogged them. We then began to question the boys individually, and some of them complained of not having sufficient bread for their breakfast. While pursuing the inquiry, Mr. Drouet's conduct became more violent. He said we were acting unfairly in the mode of inquiry; that we ought to be satisfied of his character without such proceedings, and that we had no right to pursue the inquiry in the way we were, and that he should be glad to get rid of the children. To avoid further altercation, we left, not having fully completed the object of our visit."—I was not in attendance with the guardians on that occasion—that report was presented to the board by Mr. Winch, through me, and was ordered to be taken into consideration that day week, which it was, and then a special deputation was directed to proceed to Tooting, to make more particular inquiries into the circumstances—no intimation was given to Mr. Drouet of the period when that special deputation was to attend, certainly not by me,' and I do not think by any one of the guardians—I cannot conceive that be knew anything about it—those gentlemen were desired to invite the three members of the committee, who had made the immediately preceding report to accompany them on this special visit, Mr. Winch, Mr. Mayes, and Mr. Rebbeck—they did so, and this is the report—(read)—" Holborn Union, Tuesday, May 30, 1848.—We, the undersigned, the committee specially appointed to visit Mr. Drouet's establishment at Tooting, to examine into the state., condition, and arrangements of the children belonging to the Holborn Union,

now at this institution, and to report to the Board thereon, do hereby certify and report that we this day, accompanied, by Mr. Winch, Mr. Mayes, and Mr. Rebbeck, the committee making the last month's report, attended accordingly, and examined into the state, appearance, and condition of the children, and feel great satisfaction in reporting most favourably of the same. We inspected the bread, meat, and potatoes, and desire to state that in quantity served out, and in quality, we were perfectly satisfied, and that with respect to the lodging and other domestic arrangements, we cannot speak of them bat in terms of commendation and satisfaction. We witnessed some scholastic examinations of the children, which were quite satisfactory; and, on the whole, we desire to report that we were well pleased with our visit. We desire specially to report that with respect to the particular circumstance stated in the last monthly report of the committee, Mr. Drouet expressed his regret that any exhibition of warmth of temper on his part should have occurred at that meeting, and the guardians then attending expressed themselves satisfied with this acknowledgment."—Signed by the vice-chairman Mr. Sou thee, Mr. Wrench, Mr. Winch, Mr. Rebbeck, Mr. Mayes, Mr. Hurst, and Mr. Sheppard, and countersigned by myself—I was in attendance on that occasion—no inquiry was made of the children in my presence whether they had received any punishment for having held up their hands—one or two of the guardians were in one part, and others were in other parts—I an not aware of any such inquiry being made—on Monday, 1st Jan., about one or two in the day, I received a communication from Robert Aldridge, the master of the Union-workhouse, as to the state of the children—in consequence of which, I, on the following day, 2nd, sent a person to Tooting to inquire into j the circumstances; and on the Wednesday I received a message from Mr. Drouet—the board met that evening; not in consequence of that message, because it was their regular time of meeting, but that was one of the matters of business at that board, and directions were given to Mr. Whitfield, one of the medical officers of the Union, to proceed to the establishment—the entry in Mr. Drouet's book of 4th Jan., which has been read, is the one which Mr. Whitfield and the other gentleman then made, but of that I know nothing—in consequence of the state in which the children were found to be by Mr. Whitfield they were removed to the Free Hospital—I should tell you that the other gentleman had nothing to do with our Holborn Union—I believe he was met on the spot by Mr. Whitfield, and being two medical gentlemen met together, they thought proper to unite in their report—I went down on 5th Jan., but not before—I did not then learn from Mr. Drouet how many of the children were ill, of what, or how long they had been ill, but Mr. Whitfield on the Thursday, Jan. 4th, attended a special meeting of the board, and in consequence of the report he then made, I was sent on 5th with the proper and necessary persons to remove the children—I certainly saw Mr. Drouet on that occasion, but I saw that he had about a dozen medical men round him, and guardians from a great number of the Unions having children there, and I had no opportunity of having any conversation with him—the medical officer contented himself with examining the children he intended to remove, and gave a list of those children to me in order that I might provide conveyances for them—Mr. Whitfield had examined them the day before, and found that a good many were bad—I should say of the Holborn Union children, I found about fifteen or sixteen attacked with cholera, perhaps twenty cannot tell—I cannot tell how many in the whole establishment were attacked with it—I brought away 155 of our children; four or five of them died before they got to the hospital—the boy James Andrews was one of those who

were then removed to the Free Hospital—those who were left were those Who were reported by the medical officer to be too ill to be removed—they consisted of about twenty-rive or thirty—when I went down I believe fifteen of our children were attacked by cholera—we had then 191 boys and girls in the establishment—James Andrews died on 6th Jan.—there was a report from Mr. Drouet to the guardians, dated 30th Dec, 1848, which in the usual course of the weekly return, ought to have reached me on 1st Jan., but it did not reach me till the 2nd—that delay was not accounted for to me by Mr. Drouet—excepting the general confusion of matters there, I had no specific account of that delay—this is the report—(reads—" Tooting, 80th Dec., '48. I beg to report John Cooper, Matilda Laurence, Ann Hodges, and James Doyle, have been very ill from severe bowel complaint. Those reported last week continue in the infirmary improving. I am, Sir, your obedient servant, B P. Drouet."—This is the report of the previous week—"Tooting, 23d Dec., '48. Gamble, Hutchinson, Kenneday, and M. A. Brown, continue under medical care, as before reported. I am, Sir, your obedient servant, B. P. Drouet. Last report, discharged 8, left 201"—that is the way in which the account was kept weekly—this is the previous report to that—"16th Dec, '48. Sir,—I beg to call your attention to the children's Christmas treat. AH my parishes have for years allowed me 6d. each: the charge is very small, and I trust it will be given. Gamble is better; James Hutchinson and Kennedy are very ill; M. A. Brown has severe bowel complaint; the others appear doing well. B. P. Drouet."

COURT. Q. Was there any medical book kept at the establishment, so that the guardians when they went there could refer to the notes made by the medical officer? A. There was a medical officer there who was generally spoken to, but I saw no medical book ordiary.

Cross-examined by SIR FREDERICK THESIGER. Q. Were the guardians in the habit of visiting the Infirmary? A. They visited every part of the establishment, everything was thrown open to them—the weekly reports which I have spoken of refer only to our own Union—there were children there belonging to thirteen parishes, we had nothing to do with any but those belonging to our own Union—I had not seen Mr. Drouet's establishment before I went there prior to the contract being entered into—I knew Mr. Drouet by sight, but I knew nothing whatever of his establishment before that time—I rather think that the dietary was submitted to our medical officer before the agreement was entered into, but I am not speaking with confidence—I never had anything to do with any workhouse but our own—in some respects I think this dietary is superior to that of our workhouse, and in other respects I think it is inferior—I have one of our own dietaries here—our dietary has not been altered lately; after the cholera broke out there was an alteration in it: more solid food was given; but I am comparing Mr. Drouet's dietary with our former one.

Q. Do you consider that this is a proper dietary, a proper quantity of food for the children sent to the establishment? A. I think it is; and I have shown it to the medical officers, and they have thought so—there are some things not quite defined as to quantity which is open to observation—I think from Oct. 1847 to Jan. 1849,1 went to Mr. Drouet's establishment about five times—the other parishes were also in the habit of visiting it at different times—I have repeatedly, wheu I have been there, seen the guardians from other places—there was no particular day fixed beforehand when we might be expected to be there—the gentlemen whose duty it was to go down settled it among themselves, and I myself did not know the day they were going.

Q. On these visits were very minute inquiries made; an inspection of the establishment, and an investigation as to the condition of the children? A. The gentlemen who went professed to do all that, and I believe did it-whenever I went I know that I attempted to the full extent of my power, to get all the information that would be serviceable to the guardians—when the guardians went, they had the opportunity of inquiring from the children apart from any control of Mr. Drouet, or anybody else, as to whether they were satisfied with their situation.

Q. Did you at any time, upon any visit which you made, ever see anything which you considered improper in Mr. Drouet's establishment? A. There was one little matter; as you put the question so, I must answer it; in the early part of the year, I think it was in Jan., 1848, Mr. Mayes, who it a builder, and who was as a builder looked to for anything about the premises, ventilation, or anything of that sort, on going along the play-ground observed that the range of new buildings were built very close to the ground; that is to say, they were not sufficiently elevated to have a draught underneath for ventilation, and he said, "You ought to have had air gratings in the skirting of the building"—Mr. Drouet looked, and said, Why, I ordered them, and I believe that they are here;" and on searching it was found that the sweeping of the path had entirely closed them up, and Mr. Mayes said, "Now this is a degree of carelesness that I should not have expected in this establishment; do get them cleared out"—I observed afterwards that they were cleared out—I did not myself know anything of the boy Andrews; I only knew that there were two brothers of that name, James and Joseph, and their father was in the workhouse at the same time—the children, who were removed when the cholera broke out, were those considered to be untouched by it—that was for the purpose of separating them from those who had been affected—they were taken to the Free Hospital, because we had not room for them in our workhouse, and we were glad to get them there—the book from which extracts have been read of the reports of the guardians of the Holborn Union, also contains reports from a great many other Unions.

MR. CHAMBERS. Q. That is a book kept at Mr. Drouet's establishment? A. Yes, as far as I am a judge I think if the dietary were adhered to in point of quality, that in quantity it is good—the quantity in some respects is uncertain—in looking at it with our own, it occurred to me that ours was superior in some respects, but I cannot tell in what, without again comparing them—it was principally in the dietary for the sick—ours was a very foil dietary, it had been prepared entirely by the medical officers.

COURT. Q. Then the inferiority of which you speak, applies only to the dietary for the sick? A. That is all.

SIR F. THESIGER. Q. But all that is said here is "In sickness the diet if regulated by the doctor?" A. Yes, and in ours a full scale is given.

MR. CHAMBERS. Q. Is not your dietary superior in quantity of bread, where the quantity is stated? A. Our dietary has a very full allowance of bread, whether it is better than this in that respect I cannot tell, it is a larger allowance than Mr. Drouet's.

COURT. Q. That is in sickness, is it? A. No, that is in general dietary—there is a larger allowance to the children at the workhouse—the reports to the board were generally drawn up by the gentlemen who visited, but when I attended I generally drew them up.

WILLIAM WINCH . I am one of the guardians of the Holborn Union. On 9th May, I went down with Mr. Rebbeck and Mr. Mayes to Mr. Drouets establishment, at Tooting; when we got there the children were at dinner;

they were all standing up very crowded: there were no forms or benches, or any means of sitting down to their meals—I looked at the potatoes, and cut open from one to two hundred—I did not find one good one; they were watery and black diseased potatoes—I spoke to Mr. Drouet about them—he told me he gave 7l. per ton for them—I said, "Very possibly you might; the potatoes are very bad, I think you ought to change the diet"—he said if we paid him better, he could do it—I spoke to him when we were alone with him, not before the children—we then went over the establishment—we went over the whole of the dormitories, and over the new buildings on the left—the whole of them struck me as being badly constructed, but more particularly the lower ones; they smelt very unhealthy, and Mr. Drouet's attention was called to it by myself, and Mr. Mayes more particularly, who is a builder—there was no ventilation at the back, only windows in front, and they smelt very bad indeed—I mentioned it to Mr. Drouet—they were sleeping apartments I presume, but it was impossible to know, as there were no beds there—I was given to understand they were sleeping apartments for the younger children—I think the nurses told me so in Mr. Drouet's presence—Mr. Mayes remarked that it was a pity he had not built the rooms higher from the ground, and Mr. Drouet replied, that he should have enough to do if he paid attention to everybody—we went through the sleeping rooms that were in use: no particular fault struck me there—I did not go through the whole of the establishment, because I was aware from the nature of our own establishment, that it is not worth while to go through all the bed rooms—I afterwards saw the boys in the school-room; Mr. Drouet was there, his brother, the schoolmaster, and, I think, the drill-master,—when the boys were mustered, Mr. Rebbeck said, "Well, boys, do you all belong to the Holborn Union?"—they said, "Yes"—he said, "Well, have you anything to complain of, want of food or anything else; if you have, hold up your hand," and I think thirty or forty at least held up their hands in Mr. Drouet's presence—my attention was particularly directed to the look of the boys; I had seen them daily before they went from our workhouse to Mr. Drouet's, and their altered condition was very visible to me—they looked thin and pallid. (SIR F. THESIGER objected to the reception of this evidence, as it applied to a period anterior to the deceased being sent to the establishment MR. CHAMBERS urged its admissibility, as showing general criminal negligence on the part of Mr. Drouet. The COURT was of opinion that it was not admissible, it having no connexion with the state or condition of the deceased, or the time at which he was in the establishment).

PATRICK SHEEN . I am a poor boy belonging to the Holborn Union. My mother was in the workhouse there—I have been three times at Mr. Drouet's—the last time I was there I remained till I was removed to the hospital in Gray's-inn-lane on 5th January—I slept three in a bed—(SIR F. THESIGER objected to evidence being given as to the treatment of this or other children, unless it could be proved that the deceased was treated in the same way. The COURT allowed the objection)—I do not know where Andrews slept.

RICHARD WOODISON . I belong to the Holborn Union. I was there when James Andrews was—he came at the same time as I did—he did not sleep in the same room with me when I first went there—I went to Mr. Drouet's after some of the others, about three months before last Christmas, and after I had been there some time Andrews came—I did not sleep in the same room with Andrews when he first came; I did two or three days before he was taken away; that was up in the attic, over what is called the doctor's ward—James Andrews slept with his brother and Derbyshire—I slept with a boy named

James Power—there were about twelve beds in the room, and three bow slept in each bed—there was only one other boy with me—James Andrews was ill when he came to sleep in the attic—Mr. Kite, the surgeon, used to attend him—I came up to town in the van with him and other boys—I did not know him before he was ill—I was well when I went away—Andrews was ill in going up in the van, he had the head-ache, and felt sick in the van.

Cross-examined by SIR F. THESIGER. Q. That is, he told you so, I suppose? A. Yes, when he came out of the van—it was a very cold night, and there was snow—it was a shut van—I did not sleep in the same room with Andrews till two or three days before we went away; that was after the cholera had broken out.

WILLIAM DERBYSHIRE . I was one of the poor boys at Mr. Drouet's. I knew Joseph and James Andrews—I slept in the same room, and in the same bed with them—I do not know how long that was before we went to the Free Hospital; it was a short time—I do not know bow many beds there were in the room—I do not know what room it was that we slept in; it was, not the attic—there were more than two beds in the room—I do not know whether there were six—I remember James Andrews being taken ill—he was then removed from the room where he slept with me—I do not know where he was taken to—he did not return to that room again—I do not know how long I slept in the same bed with him—I know the sick ward—I do not know whether he'was taken there—he did not return to sleep with me sad his brother—I remember his coming to London—I do not know how long before that it was that he was taken ill—I do not know where he slept the night before he was brought to London.

COURT. Q. Did you come to the Free Hospital with the other boys? A. Yes; there were a good many of us; we came in a van; it was full; Andrew was in the big boys' van; I do not know where he slept the night before he came away; I do not know how many times he slept in the same bed with me. WILLIAM M'DOUGAL. I am fourteen years old—I came with the other boys in the van to the Free Hospital—I had been at Mr. Drouet's before that between eight and nine months—James Andrews came up in the same van with me; he sat on my knee—he said he felt very ill and sick, and laid his head on my shoulder—I was at Mr. Drouet's all the time Andrews was there—I do not know whether he was treated in the same way that I was, because the little ones were not along with the big ones—I was in the boys' hall with the big ones, and he was one of the little ones—I never saw him in bed there—the little boys were dressed nearly the same as us—we had a jacket and trowsers, and pinafore, in the week-days—they were not our own clothes, they were taken off when we went in, and put by till we went away—my week-day clothes did not keep me warm—out of school hours the boys used to go out into the yard, the little boys did not always go out; sometimes the nurse used to take them over into her ward—it was the same yard for the big and little boys—we could not go in doors out of school hours—the little boys used to keep in till they had their supper, and then they used to go to bed; sometimes they used to be out of doors—they had their suppers about six o'clock, and went to bed after that—we all had our supper at one time—the little boys had their supper in a separate hall—we had different clothes on a Sunday, and they were warmer than the week-day ones—I never went into the room where the little boys slept—I was always there as a big boy.

Cross-examined by SIR F. THESIGER. When you got to the Free Hospital

did you have any supper? A. Yes; all of us had bread and cheese—little Andrews did not eat his supper—he was put to bed as soon as they could; he slept in the same room with me—no doctor saw him that night—his brother told me he did not eat his supper—I did not see that he did not eat it.

JOSEPH ANDREWS . I am eight years old—I was with my brother' James at Mr. Drouet's—we slept in the same bed, in the attic—Derbyshire slept in the same bed with us—there were about a dozen beds in that room—in some of them there were only two boys—I cannot tell in how many there were three—we three slept in the same bed a good while—I do not remember the day my brother was taken ill, but he was not taken ill when he slept with me and Derbyshire in the attic—I cannot tell how many boys altogether slept in the attic; I cannot form any notion—I was among the little boys—I and my brother were treated like all the rest of the little boys—I did not have enough to eat, nor did my brother—sometimes my brother, used to ask me to give him a portion of what I had to eat; I used to give him some—I did not give him any sometimes, because I had not enough for myself, and I told him to—there was a ball where the little boys dined—sometimes we had rotten potatoes and meat for dinner—when we had potatoes we were not allowed bread, and when we had bread we were not allowed potatoes—the potatoes were not good; some of them were black—when they were bad we used to chuck them away—we put them on the table, and they would take them away and put them in the hog-stye—we sometimes put them on the table, and sometimes under—they were very often bad—I did not complain of them to Mr. Drouet, or any of the people at the place, because I did not like to—there were three meat days a week—we only had potatoes on meat days—I thought the potatoes were always bad: we were able to eat them sometimes—we did not have meat enough to eat on the meat days—at breakfast we had gruel and half a slice of bread—I never had more than half a slice—it was about as thick as that (pointing on his finger about half an inch) it was not near enough for me—we had the same at supper, half a slice—we were never allowed more—it was about half as thick as that book (the Testament)—it was the same thickness at supper as at breakfast—there was a round wooden tub in the sleeping-room for the boys when they wanted to do their occasions—it was used by all the boys—there was only one tub in the attic where I slept—they used to dirty and piddle in it—we did not use the tub in the day time, we went into the yard then—in the morning two of the big boys used to carry the tub down—there was a nurse to attend to the boys in the attic—she did not sleep in the same room; she had nothing to do with emptying the tub—the tub used to stand in the middle of the room, about as far from our bed as from you to me—sometimes of a night it used to smell disagreeably and when I awoke in the morning, the boys used to carry it down—when we got up in the morning, some of the little boys used to make the beds, and the big boys used to wash the rooms from the same tub we used of a night—they used to rinse it out, then put water in it, and then wash the rooms.

Cross-examined by SIR FREDERICK THESIGER. Q. Did you go to Mr. Drouet's with your brother? A. No; I was there about two months before him—I did not sleep with him from the time he came—I had been in the workhouse a fortnight, and my brother had been there before he came—a man named Johnny Kerr attended the little boys when they had their meals; he was the hall man, and used to mind the boys in the ball—we had meat three times a week, and I think soup twice a week—we had meat on Tuesday, Wednesday, and Sunday; soup on Monday, Friday, and Saturday', and suetpudding

on Thursday—we had gruel and half a round of bread for breakfast, and cheese and the same quantity of bread for. supper, and milk and water—I do not know whether my brother had meat and porter every day—he did not dine with me—he had his meals in the ward, a different place to us—when he first came he had his dinner in the hall with us for four or five days, and after that till we left he had his meals in the ward—he changed from the hall to the ward because he had bad eyes—there was a ward for those who had bad eyes—his eyes were not bad when he came; they got bad four or five days after—I was never in the ward where he was afterwards—they used to have the same food in that ward as the others did—they used to take it out of the ball—my brother went up to London when I went, but not in the same van—I saw him after he came up about eleven that night—I think we started from Tooting about eight o'clock—Mr. James and Mr. Whitfield, from the work-house, took us away—we had bread and milk for supper when we got to the hospital—my brother had bread and milk too—he seemed ill, but he did not complain—his eyes had got well—I do not know how long before he left Mr. Drouet's they got well; I think it was a month before—the doctor at the hospital did not see my brother till next morning—it was a very cold night when we came up, and there was snow.

MR. CLARKSON. Q. Did your brother eat his bread and milk at the hospital? A. No, he gave it away—after his eyes got well he did not have his meals in the hall; he had them in the ward—he never had them with me except the four or five days I have spoken of—the boys in the ward had the food sent to them from the hall—I never knew of any porter being sent to my brother from the hall—they never had porter except at Christmas—I never beard of his having any at any other time—his eyes were inflamed and red.

COURT. Q. You say you came up as late as eleven o'clock at night to the Free Hospital? A. Yes; I was not very tired—we rode up—my brother was not tired when supper was before him—he seemed sleepy and wanted to go to bed, and gave away his supper—I did not feel sick in coming up in the van.

THOMAS DEIGHTON . I am sixteen years old. I was at Tooting fifteen months—I came with the other boys to the Free Hospital—while I was at Tooting, I used to scour the little boys' bed-rooms and make the beds, and I had to empty the slops—I know the attic where James Andrews slept—I used to make the beds there, and empty the slops, and scrub the room—I have been there early in the morning—there were thirty-three beds there—there is only one attic at the top of the house, that is where the little boys slept—they are kept separate from the bigger ones—there were two or three rooms where the little boys slept—I recollect one where there were twelve beds—I used to clean the other one, and I have been in that one—I knew James Andrews; he slept over at the other side—I knew him to sleep in the attic—there were fifteen or twenty beds in the attic where he slept—I do not know where he slept when he first came—he slept in the attic with the fifteen or twenty beds a good bit before he left—I cleaned that room once every morning—the beds were close together—they used to sleep two in some of the beds and three in others—I used to empty the tub every morning—we had to take it down two flights of stairs—there was a smell from it—when we had emptied it we took it up again and put it under the bed—we used to use that tub to put water in to scrub the floor—it smelt in the day time as well as when we took it out—the room was about as big as this Court, but not so wide—the windows looked out into the

yard—I have been into the hall once or twice when the little boys were eating—I have been there when James Andrews was at dinner three or four times—I have seen the food that was given to him and the other boys—he bad suet-pudding for his dinner, that was on a Thursday—there was not enough of it—I have been there when potatoes were part of the dinner; they were bad—I have seen James Andrews at dinner about twice when there were potatoes—they were watery and bad on both occasions—the boys did not eat them; they threw them away—the little boys never had any other vegetables than potatoes—when there were not potatoes they bad bread—James Andrews wore the washed clothes on a week day, the same as I had—they were cloth; they did not keep us warm—we used to have corduroy clothes on Sundays—they were warmer than the week day ones—James Andrews used to be in the yard in his week day clothes after the school hours, from one to two and from five to seven—we used to have supper at half-past six—the little boys had their supper at the same time—I have seen the bread served out from the pantry—a loaf used to be cut into about twenty pieces.

Cross-examined by SIR FREDERICK THESIGER. Q. Where were you before you went to Mr. Drouet's? A. At St. Andrew's, Holborn—I have counted the pieces of bread that the loaves were cut into—I saw it cat into twenty pieces two or three times a day while I was in the pantry—I was only there a week—that was when I first went, before Andrews came—there were eight big boys' rooms, and three little boys' rooms—the girls used to sleep in one of the four attics—I think there were fifteen or sixteen beds in one of the little boys' attics—the rooms were not numbered—you go from one attic into another—I think it was in the first that there were sixteen beds—one room leads into another—the sixteen beds were in the last room.

COURT. Q. Can you go into these different attics from the landing? A. Yes—there is not a door to each room; there is only one door—you go through that into the first attic, and then through another between the first and second into the second; another between the second and third, and another between the third and fourth—the last was the biggest—they were all the same size.

SIR FREDERICK THESIGER . Q. Then what made you say that the last was the biggest? A. I did not understand—they were all four the same size—I will swear there were more than twelve beds in one of the rooms—there were three more in all of them—I mean three more than twelve—I understand the question—they were not very high rooms—Andrews was in one of the attics I have been speaking of; in the last one, the fourth—he remained there a good bit—he was removed to the sick-ward—that was a good long while afterwards—I am positive of that—I mean several weeks—I saw him in the attic morning after morning for several weeks after he came—I remember his having bad eyes—that was about a month or so after he came—he was not removed into another ward in consequence of that—he remained in the same ward till they got quite bad—I never saw him after he was removed—the dinner was at the same time for the big and little boys—I dined in the big boys' hall—I used sometimes to go into the little boys' hall during their dinner, and serve, and sometimes I carried the milk round—there were about fifty boys in the hall at dinner—the little boys used to be served first, and then the girls came in directly—we used to go in to dinner in order, one at a time—I know Mr. Winch—he has not been asking me questions about this—he has asked me questions about it several times; not several times, about once or twice—he has asked me about Andrews once or twice, and about Mr. drouet's establishment—he was writing while he was talking to me.

MR. CHAMBERS. Q. Do you know this gentleman (Mr. Duncombe

the Solicitor for the Prosecution)? A. Yes; he was with Mr. Winch when he asked me the questions, and he wrote down my answers—I cannot recollect what Mr. Winch said to me—I knew him before—I recollect his coming down at dinner-time in May—I used not to go to serve in the little boys' dining-room before young Andrews came—Mr. Drouet put me into the pantry, and I saw the bread cut up—all the four attics together were about as large as this Court.

COURT. Q. Did the attics go from one end of the building to the other? A. No, they were not very long, the first was about as long as from here to the bench; it was not so broad; it was not broad at all much—they were all four about the same size.

SAMUEL JENIINSON . I am fifteen years old, and belonged to the big boys apartment at Mr. Drouet's—I used to assist in cleaning the big boys' rooms, not the little boys'—I never saw the little boys at their meals—I was never in their sleeping rooms—I cannot tell how the little boys were treated—they used to play in the yard with the big ones—I did not assist, in emptying any of the tubs from the little boys' room—the little boys used to be out in the yard an hour after school—school closed at half-past three.

COURT. Q. How many little boys were there, have you seen as many as hundred of them? A. Yes, more than that; the eldest were about eight years old, and quite old enough to tell all about themselves, and what they bad to eat.

JAMES SELBY . I am fifteen years old—I was fifteen months at Mr. Drouet's—I did not see the dormitories where the little boys slept—I do not know how the boys were fed or clothed—I have never complained to Mr. Drouet about my food.

JOHN WELCH . I am fourteen years old—I was at Mr. Drouet's about thirteen months—I do not recollect James Andrews—I used to sleep upstairs, that was with the big boys and the little ones too—I know the attic where the little boys slept—I used not to assist in emptying the slops—they slept about three in a bed I should say—I have seen them at their meals—they had a plate of gruel and a slice of bread for breakfast, and meat and a slice of bread for dinner—I saw the potatoes they had, some were good and some bad, they were generally good—when I have seen them bad they looked all like disease in the middle—the little boys were treated about the same after Nov. as they were before—they had the same food as the big boys—I recollect some complaints being made about the food when some gentleman came down—that was about three months I should say before Nov.—till gentleman asked us whether we had enough to eat, and told them that bad not to hold up their hands, and we held up our hands—Mr. Drouet was not present at that time, Mr. Harding the school-master was—I do not know that I should know the gentleman again—I saw Mr. Drouet the same day after that, he said, "Ah! I will let you know, you young scoundrel, to let the gentleman know you had not enough to eat"—he said that to me, Sutherland and Sheen—I was whacked after that by Mr. Brown, the school-master.

Cross-examined by MR. BALLANTINE. Q. When were you whacked? A. I think it was next day when we were in school—I have been whacked in school before—it was when we were reading lessons—Mr. Drouet was not in the room then—I think that is the gentleman that told us to hold up our hands (pointing to Mr. Winch)—I have seen him since very often—w has not talked to me much—he has just talked to me—he has examined me about three times I think, and taken down in writing what I said—I think here was another gentleman with him—he has read over to me what I was

to say—I think that was on the second day—it was after I was examined at the inquest—I do not know whether it was that I might remember what I was to say here to-day—one other gentleman was present then—I did not repeat it after him—I did not tell him I should remember all about it; nothing of the kind—I knew Andrews when be came up from Tooting, when he was at the hospital—I know the ward where the boys with bad eyes went—I was never there—how they were fed or treated I do not know—I think little Andrews was in there—I have plenty to eat now—I am At the Holborn Union, J never want more—I get on very well—we do not have any pudding, but I never want any more meat, and I have plenty of bread—I never want any more—I could not eat it if I were to have it—I do not know whether all the boys are as contented as I am.

MR. CHAMBERS. Q. Where were you before you went to Mr. Drouet's? A. In the Holborn Union—they fed me better there than they did at Mr. Drouet's—I had more bread at the Union, as much as I could eat—Mr. Winch is one of the guardians of the Holborn Union—I saw him at the hospital three times, about two weeks after we had returned from Tooting—what I said was taken down in writing twice I think—X think the other gentleman was Mr. Duncombe the attorney—he did not ask me whether it was correct or not—there were other boys examined—Mrs. Diamond, the nurse, was present—I was whacked by the school-master for holding up my band, I think; it was after I held up my band.

COURT. Q. How many times do you get meat now? A. Five times a week—we have seven ounces of bread and a basin of rice for breakfast now—before we went to Mr. Drouet's we had meat four times a week—I was very well when I came back, and I was well when I went down—I know the little boys had the same food as the big boys, because I used to see them in their ball, and saw what food they had—the biggest boys had five ounces of bread—they had the same sort of food, only more bread.

HENRY HARTSHORN . I am fourteen years old—I was one of the poor boys of the Holborn Union, at Mr. Drouet's—I was with the big boys—I knew James Andrews, he was among the little boys—I did not have opportunities of seeing the mode in which the little boys were fed.

PATRICK SHEEN re-examined. I am getting on for eleven years of age—I was at Mr. Drouet's about six months; I was there three several times—I was with the big boys—I did not see how the little boys were treated—I recollect the gentlemen coming down and asking the boys questions—they asked whether we bad enough to eat; we said, "No"—after that one of the boys was beat.

Q. You having been there so long, had you enough to eat? (MR. BALLANTINE submitted that an iquiry of this nature was not relevant to the issue, and did not bear upon the treatment of Andrews, whose death was now the subject of inquiry. MR. CHAMBERS contended that having established an identity of treatment, it was material to show that Mr. Drouet persisted in the same course after his attention had been called to the complaints made by the boys. The COURT was of opinion that evidence might be given of the mode of treatment adopted, if it was clearly shown to be identical with that which was pursued while the deceased James Andrews was there.)

Q. You were one of the boys that held up their hands? A. Yes—I had not enough to eat—the boys did not, as I know of, get more food after they held up their hands—I used to see them every day—they did not get more—I came up to the Free Hospital in Jan.—I do not know how much bread the big boys had—the potatoes were sometimes very bad, sometimes they were father good—when they were bad they were black; the boys could not eat

them—I never heard anything said to Mr. Drouet about the potatoes—I had good clothes when I went there—I had black potatoes sometimes—I cannot recollect what sort of potatoes we had in Nov. and Dec.—I do not knot whether they were better or worse.

COURT. Q. Can you tell whether within two months before you went away you had black potatoes? A. No.

HENRY HARTSHORN re-examined. I was at Mr. Drouet's in May, 1848, when the gentlemen came down and inquired how we were fed—such as were dissatisfied were desired to hold up their bands, and said, they had not enough—Mr. Drouet was present—I held up my hand, and said that I had not enough to eat—Mr. Drouet did not say anything to me on that—Mr. William Drouet, his son, did in his presence, he was at the other end of the school—the gentlemen were not there—that was the same day I held up my hand—they did not do anything to me after the gentlemen were gone—I do not know whether Mr. Drouet heard what his son said to me—nothing happened to me next day, or at any other time after I held up my hand—I did not get any additional food in consequence.

Cross-examined by SIR F. THESIGER. Q. Where was the question put to the boys whether they had enough? A. In the Infant-school—I do not know how many boys were present; there was only our parish boys there—the boys and girls were both present—the girls were not told to hold up their hands; they were not in there—there were no girls there at the time, nothing but boys.

MR. CLARKSON. Q. Did the guardians come down on a second occasion after the boys had held up their hands? A. No; I do not remember the gentlemen putting that question more than once—they asked us whether we had enough to eat, and Mr. Drouet said it was not a fit question to put to the boys—that was the same occasion on which we held up our hands.

SIR F. THESIGER. Q. Who was the gentleman that put the question to you? A. I do not know the gentleman's name—I believe Mr. Winch was one—he was not the person that put the question to the boys—he asked us if we had enough to eat—he did not call out loudly—he said, "As many as have not enough to eat, or are not satisfied, hold up your hands"—about six boys held up their hands; there were about eighty boys present—the gentlemen did not ask in what respect they were dissatisfied—they did not ask any other questions.

COURT. Q. Did Mr. Drouet appear very angry when he spoke? A. Yes, he appeared offended; and said it was an improper question to pat to the boys—I did not hear him say anything about his character, or anything else.

MR. WINCH re-examined. When Mr. Rebbeck said to the boys, "If any of you are dissatisfied with your food, or have anything to complain of, hold up your hands," I should think between thirty and forty boys held up their hands, upon which Mr. Drouet became rather abusive, particularly to Mr. Mayes; he said it was a very unfair question, and he had a character to lose, we ought to be satisfied with his word—I was engaged in asking one or two boys particularly what they had to complain of, and Mr. Drouet's immediate complaint was not made to me—he pointed to one boy, and said, "That is the greatest liar I have in the school," or in the establishment; he then pointed to another, and said, "That is a scoundrel"—I questioned one or two of the boys, but particularly M'Dougal, who I have identified since he has been away—I cannot venture to swear whether Mr. Drouet could bear me or not; he might have heard me—he must have seen that I was questioning the boys—he became violent, and said, "It was very unfair treatment; "

and to save further altercation I and my brother guardians came away—they asked us to sign the visiting-book in going out, which we declined to do.

COURT. Q. Why did not you enter your complaint in the book at the time? A. I had not finished, I had not gone over the whole of the establishment; and I was but a young guardian, I had not been in office above three weeks; that was my first visit—I made a report to the board; I was perfectly unacquainted with the routine of business.

MR. CHAMBERS. Q. Did you go down on 30th May, with the special-committee, to visit the establishment? A. I did—we got there before dinner—I saw the potatoes; they were then of good quality—Mr. Drouet apologized to me, for having behaved rudely, and said he did not intend it, but he was out of temper; and I said, "Very well"—his brother then accompanied me into the kitchen, or culinary department, and the pantry—I was desirous of seeing the manner in which the establishment was conducted, and the quantity given to the children; and a loaf was taken down, and a boy was ordered to cut it up in the usual way—it was a 4lb.-loaf—he split it down the middle, and cut it into sixteen pieces, which I counted, and said, "Do you not weigh them?"—the answer was, "No"—Mr. Drouet had left at that time, I think—on that visit the visitors'-book was presented to us to sign—we wrote, and signed this, "We, the undersigned, vice-chairman and guardians of the Holborn Union, have great pleasure in recording the satisfaction we received at this our visit to Mr. Drouet's establishment, and the food and general arrangement of the same"—I suggested some alteration in the wording of it at the time, wishing to confine my approval to that day—there was afterwards a longer statement which I signed—I expect it was agreed to by my brother guardians when I entered the board-room; it was handed to me to sign, and believing it to be the same report that I had before signed, I signed it without reading it

COURT. Q. Is that the way you have usually done your business in the guardiaps'-room? A. Well, on that occasion it was; we do not usually have papers to sign—as far as regards the quality of the food stated in the dietary, it appeared very satisfactory, except the potatoes—this was on 9th May—I never found fault with any of the food, except the potatoes, that day.

Q. When you desired the boy to cut the loaf in the usual way, did you tell him whether it was for the young children, or the big boys? A. Mr. Drouet's brother told him to cut their bread up in the usual way, and when it was cut up, I said, "Is this the allowance the boys have?"—he answered, "Yes"—I said "Do you not weigh it?" because, as a guardian, I knew it was very unsatisfactory in our house if everything is not weighed out, and in nearly all establishments it is usual.

Cross-examined by MR. BALLANTINE. Q. You gave an opinion about some dormitories in the earlier part of your evidence, are you a carpenter or builder? A. I am not—I am now an ivory dealer—I have been a japanner—I have a shop—I carry on no other business—I have not acted as clerk-to-the attorney in this case; not in any way—I have not taken a word of the evidence of the children—I have studiously avoided making any remarks to any child of the establishment, or asking them a question—I have heard what he children have said; it is not true so far as I am concerned—I have no taken down a line of their examinations, neither have I examined any of them, or read over their evidence to them—I never read over any paper to them—I was present when they were examined by Mr. Duncombe, I should think on two occasions, and the nurse was present—I have not served subpoenas or anything of that kind—it was Mr. Rebbeck who asked the boys whether they

were satisfied, not me—he is an old guardian, and had been to the establishment previously—he knew the custom about signing the book; but he was offended.

COURT. Q. Was James Andrews one of the smaller children? A. I think he was; he was seven years old—I conclude the pieces of bread were about 4 ozs. each—I did not understand that allowance to be for the lesser children; it might be so; my impression was that it was for the larger boys.

WILLIAM SHAW MAYES . I was one of the guardians who accompanied Mr. Winch to Mr. Drouet's—I was present when it was suggested that those boys who had not enough, or were not satisfied, should hold up their hands—between thirty and forty held up their hands—Mr. Drouet was present, and expressed himself very strongly, saying, the boys were of bad character, and if he did as he had been recommended by Mr. James, the clerk to the guardians, he should have flogged them well—several of the boys were asked questions after that—Mr. Drouet was close by, and heard the answers—they stated they had not enough bread to eat, and many other things, that they were dissatisfied with their food; and I went myself into the room where they were at dinner, and I saw some of the younger boys leaving their food, and covering it over with potato-parings—I drew some of the boys on one side, and went down to look at it, and I saw some of that which was so covered over, and instead of being meat the greater part of it was gristle—we only examined as to their food—there were only four or five boys examined—Mr. Drouet lost his temper, spoke very harshly, and stated we were not fit to examine the boys; that we did not know what we were about—he became very angry indeed—before we went in to examine the children in private, I had viewed the new building at the bottom part of the establishment, where the younger children slept, and I said to Mr. Drouet, privately, "This room smells very earthy, or very close; you require some better ventilation here, Mr. Drouet; this floor must be very Bear the earth"—he said it was—I said, "You might improve it by having some air-gratings put in, to make a draft under the floors"—he made rather an impertinent answer, and said, "If I was to attend to every one's suggestions I should have nothing else to do"—I was offended at that, and turned round, and said, "I shall have nothing more to say to you."

COURT. Q. Did you examine whether there were any gratings there or not? A. I did on the second view, and I did on the first, and I saw none—I went there again afterwards, and looked for the gratings, but I could not find any.

MR. CLARKSON. Q. Did anything else pass on the first occasion? A. Yes—I saw there were no windows on the contrary-side, so as to leave no ventilation, and I said, "You had better have some windows on the other side, to cause some better ventilation of this place; "and his observation was," I cannot get them there"—he was very much out of temper at that time, but he was more so at the examination of the children, and we left entirely because his conduct was so violent, as regarded his language towards us—we went down again within fourteen days—I went again into the lower rooms with anew to ascertain whether any of the air-gratings had been made, but they had not—I found the rooms in the same state as before—I fancied that the dietary seemed much better; there seemed to be more attention paid—this was a special visit; at the other we went in a more private manner; that may account for the difference—I saw a wide difference—that special visit was not, to my knowledge, made known to Mr. Drouet before we went-the private visit was also, I believe, unknown to him; it was a private appointment among our three selves.

COURT. Q. I suppose your object was to go suddenly, and see what was going on? A. Yes; I have been a governor and director for some time, and always thought it most prudent to fix a day among ourselves, that there might be no preparation.

Cross-examined by SIR F. THESIGER. Q. Then you were an old guardian? A. It was the first year of my being a guardian—I have been a governor and director some years—I did not enter any complaint in the book on our first visit, because Mr. Drouet's conduct was such that we would not stay to speak to him any longer—we were asked to make an entry in the book as we went out—the complaint was mentioned to Mr. Drouet personally—we did not want to stay any longer in the house; we did not even finish the visit—the visit was unsatisfactory—we made a report to the other guardians—it was a building on the left band, as you go down through the hall that was not properly ventilated—I was told those were additions made by Mr. Drouet to the establishment, but they had been used some time—it consisted of two or three rooms about fifty feet long—I saw no ventilating-holes in the wall opposite the window—to the best of my knowledge I saw none in the building—I made such an observation that I think if there had been any I must hare seen them—there were none; I swear that positively—I saw no ventilating holes at all—I swear positively that I saw none.

COURT. Q. Did you look for them? A. I did, and did not see them—there might have been a small air-brick, but that was not visible.

SIR F. THESIGKR. Q. Is it possible there could have been ventilating holes in that room without your observing them? A. I do not think it is possible—I am prepared to say there were none—I proposed certain air-gratings—Mr. James went down with us on the second occasion, the 30th May—I swear positively there were no gratings underneath the building for the underneath ventilation—I examined the building on the second occasion, outside and inside too—I looked at the outside to see if there were any gratings; I swear positively there were none—I was in and out the whole time at different parts of the building with Mr. James—there was no ground swept away, opening gratings to view in my presence—I saw no sweeping or removing of ground at all—Mr. James did not call my attention, or Mr. Drouet's, in my presence, to the gratings—Mr. Drouet's attention was called by me to the absence of ventilation on that second visit—I do not know that any other person was present at the time—they were gone round to other parts to see the children—I think Mr. Dronet and I were alone then—I was earnestly calling his attention to the gratings, and did not observe that any one was present—I was not there at all in Jan. 1848; I only paid those two visits.

COURT. Q. Did you measure the building, which you say was fifty feet long? A. Only by sight, it might be as much as a hundred feet long, I cannot tell exactly at this length of time—I think there were two buildings—the one Ast called my attention was where the youngest children slept—I looked at the other building as well, and saw it was in the same state of ventilation—I did not pay such particular attention to it as the other—it was Mr. Drouet's observation that that was a new building he had added; and I said, "Why not put this ventilation to that, you might have done it easily in building it?"

DAVID KELLY . I am a porter. I had two boys, my grandchildren, at Mr. Drouet's—I went down there to see them on 31st Dec.—the eldest, Jeremiah, was eight years old, and the other, James Doyle, about four—I found James ill a bed, and a little child along with him in the sleeping-rooms

where the little boys were—the beds were very thick there indeed—there were only two in a bed that time—I went again next morning; there were no more that morning in a bed than there were the day before—I went again on Wednesday morning, and there were then three in a bed and all ill as far as I could tell—(SIR FREDERICK THESIGER objected to this evidence, as it applied to a period after the cholera had broken out, and the deceased been removed. THE COURT was of opinion that it did not apply to the present case, Janet Andrews being shown not to be in the room at the time.)

KEZIAH DIAMOND . I am deputy-matron of the Holborn Union-workhouse; I used to attend to the children there—I was sent for on 5th Jan. to the Free Hospital to receive the children that were coming from Tooting—157 came that night—James Andrews was among them—I did not observe that night whether he was ill or well—they were put to bed—a woman named Harris put Andrews to bed—I did not remain there that night, but went again next morning about half-past nine or ten o'clock—Mr. Whitfield was just leaving the hospital then—I then learnt Andrews was ill—I saw him in bed, and attended to him while he lived—he was very ill; he was dying—he had been very sick—I did not see him sick—I was with him not quite an hour and a half before be died, and he died at half-past eleven—the same Saturday I examined the children who had come from Tooting; although I did not attend to the children before they went to Tooting I had opportunities of seeing them so as to notice their appearance and state of health—I examined them when they came back; they were in a very bad state, most of them had eruptions on their bodies, a great many had large wounds, and their feet were in a dreadful state.

COURT. Q. But had this child Andrews any eruptions upon his body? A. No—(SIR FREDERICK THESIOER again objected to any evidence respecting the condition of other children apart from the case of Andrews, being gone into. MR. CHAMBERS contended that unless he was at liberty to show the effect pro-duced by the treatment in numerous instances, he could not be in a condition to establish a case of criminal negligence. THE COURT considered that sons evidence of identity of treatment having been adduced, evidence of the effect of that treatment might be laid before the Jury).

MR. CHAMBERS. Q. Describe how you found the children on examining them? A. Some of them had eruptions and very sore feet, which I think must have been chilblains—they had wounds on different parts of their bodies—they looked very thin and pale—there was a great difference to what they were when they went—when they went they were stouter and looked more healthy—they have since been examined by Mr. Grainger and Dr. Fan—I have had them under my care in the hospital since, and I have twenty yet remaining not gone back to the Union—I have seen to the feeding and attended them in the hospital—most of them are very well now, and looking very healthy—there are a few delicate ones among them.

Cross-examined by SIR FREDERICK THESIOER. Q. Had you anything to do with the management of the children before they went to Mr. Drouet's? A. For some time I had—that was a long time before they went—I do not know the exact time—after that I was in the habit of seeing them almost every hour of the day in going into the wards—I was superintendent of the nurses—I had three children of my own at Mr. Drouet's, two boys and agin—they came away with the other children—they went when the first children went—I think they were there about fourteen months—I went at times to see them, and the eldest boy came home at times—I stopped at Mr. Drouet's one

night—I should say I was there a dozen times in the fourteen months—I believe Mr. Drouet paid attention to them—they said Mr. Drouet was very kind to them.

MR. CHAMBERS. Q. Was it your duty to go and visit the wards when you were superintendent? A. Yes; and to see that the children were properly taken care of.

COURT. Q. Your children formed a portion of the 157? A. Yes; the two boys came back with the first children on the 5th, but the girl was ill with the cholera, and did not come then—the boys looked very poorly—they had the cholera after they came up—they all three recovered—the eldest boy is twelve years old, the next eight, and the girl is six and a half—she was with the little girls at the establishment—when I went down there I went into the room while they were eating their food, my child was among them, she appeared to me to be treated like the rest of the children, there was no partiality shown to her—I have seen her at her meals perhaps four times when I have gone down—if I had seen insufficient food for a meal I should have spoken, and if it was improper and unfit to eat I should have spoken—I thought what I saw was very good and sufficient—it is very likely I went down in May, 1848. but I cannot remember—it was their supper that I saw them at—they had bread and treacle and milk and water—I never saw them at dinner—I never saw the boys at supper—I was once in the boys' sleeping ward—I think that wss in the new building—I believe it was where the big boys slept.

MARY HARRIS . I was one of the nurses at the Free Hospital on 5th Jan., when the children came from Tooting—I saw James Andrews—he arrived about ten o'clock at night—he seemed very tired—he did not appear cold—I sat him by the fire, and gave him some bread and milk for supper—he held up his hand, and said, "Oh nurse, what a big piece of bread this is"—It was not a large piece—he drank the milk, and eat a very little bit of the bread off one corner—he seemed over-tired, and to wish to go to bed, but I did not see any alteration in him—I put him to bed—I have been in the habit of attending children—the boy seemed to be overcome with fatigue—the doctor did not see him that night—he did not complain of any pain—when I undressed him I found he was very thin indeed—he was nothing in the world else but a mere frame of bones—when I put him to bed he seemed to compose himself, and soon went to sleep—about half-past six o'clock in the morning he was taken with a vomiting and purging, and what came off his stomach was nothing in the world but the milk all curdled—the purging was more like dirty water than anything else; very dirty, a kind of slate-colour, and smelt very much indeed—I gave him some milk, and he brought it up just the same as he brought the other up—I sent for Mr. Whitfield, and he came—I cannot tell the exact time, but it was within an hour after the child bad been attacked—Mr. Whitfield applied hot flannels, and I gave charge of we child to Mrs. Diamond and Mr. Whitfield—I cannot say whether they remained with him till he died—I went to the Union as soon as Mr. Whitfield came—I think it was about half-past seven—there were four nurses at the hospital.

Cross-examined by SIR FREDERICK THESIGER. Q. How many children vent to the Free Hospital from the Holborn Union? A. I do not know—four nurses went to attend to them—I attended to the children at the Union before they went to Tooting—they went while I was there—I never saw Andrews before he was in the hospital—a person named Grace attended to him at the Union—he did not complain of headache, or sickness, or anything'

of the kind, when he came to the hospital—none of them said that Andrews had felt ill in the van.

COURT. Q. What sort of a night was it? A. It snowed—the children were snowed all over—none of them were sick but Andrews, nine of them were purged—Andrews was not convulsed; he drew up his legs, he did not put his hand to his bowels.

WILLIAM BENSON WHITFIELD . I am one of the medical officers of the Holborn Union. On 4th Jan. I went to visit Mr. Drouet's establishment,—I found a great number of the children ill—I went to report upon the state of the children—I went over the part devoted to the sick, and also over some other parts—there were a number of rooms devoted to the cholera cases—I made some suggestions in Mr. Drouet's visiting-book that I wished him to adopt—those are the suggestions, which have been read—Mr. Lewis was with me—I was not in Court all day yesterday—I did not hear the description of the attics in which the children were—I went into the attics on a subsequent occasion—on the 4th my inspection was confined to the ward where the cholera cases were, with the exception of some of the halls in which the children took their meals—in consequence of that visit I made a report to the board on the 5th—it was in consequence of ray recommendation that the children were removed—I went down again on the 5th, and waited for the vans that went to fetch the children home—before the vans arrived I examined all the children of the Holborn Union, and I believe James Andrews among the number—I did not go into the part in which he was sleeping at that time—I went into the hall, and the children were brought there for the purpose of being examined—I think 156 were in a fit state to be removed-a great number of them at that time were under the influence of cholera.

COURT. Q. You think they were on that occasion? A. Yes; and I believed that many would be attacked, yet I thought they were fit to be removed.

MR. CHAMBERS. Q. Were you there when they went away in the vans? A. No—I saw the vans—they were covered—Mr. James saw them placed into the vans; the weather was cold, and it was snowing.

COURT. Q. Were the vans closed in altogether, like an omnibus? A. No—there was a covering at the top—the wind might have gone through in some of them to some extent—they were, in fact, in the open air, except the covering over their beads, a sort of umbrella.

MR. CHAMBERS. Q. I believe you did not see them when they arrived at the hospital? A. No; I was sent for next morning to see James Andrews, and arrived at the hospital between seven and eight o'clock—he was in a state of complete collapse, suffering from cholera, as if all the energies of life had ceased—I applied all the remedies I thought proper—I did not remain with him till he died, as my attention was called away to other patients in the ward—I formed a judgment on the case as soon as I examiued birn—I was certain he would die—I afterwards went through the whole of Mr. Drouet's establishment, so as to see the rooms, I think about a week afterwards; I saw Mr. Drouet, but he did not go round with me—I am not certain whether I acquainted him with the object of my visit—I said very little to him—some of the children that could not be removed were still there—I saw all the rooms.

SIR FREDERICK THESIGER . Q. Are there not five separate and distinct buildings in which these children were kept? A. There are several distinct buildings—one part of the establishment is not a quarter of a mile from the other part—it is a few hundred yards—there is one part which is quite separate

from the rest—the others are connected in some way by buildings—it is a series or chain of buildings, without internal communications in some parts—it is like separate houses in a street which have separate street-doors.

MR. CHAMBERS. Q. Did you see the hall where the little children were fed? A. I saw all the halls—I did not ascertain from Mr. Drouet how many could be accommodated in the hall—I do not know the room James Andrews had been in—I think the centre building has attics—I do not recollect how many attics there were—I do not recollect going into any particular rooms—I examined the children to see their state of health before they were removed to town, and subsequently on their arrival, they were not in a good state of health—most of the younger children were very thin, and their abdomens were tumid or swelled—a great number were covered with the itch—the pulse of a great many was very weak—I examined them more closely after they arrived in town—I believe from their bellies being swelled, and their extremities thin, that they had not received quite enough food—I could not speak as to lodging—cholera would be more likely to be fatal in a weak subject than in a healthy one—where the constitution is impaired, the energy for resisting disease is less—many of their constitutions were impaired, so as to be less capable of resisting cholera, fever, or any disease that would require constitutional energy to cast it off—I saw James Andrews I—I cannot say what state his body was in as regards the power of resisting disease—I examined his body, but the disease produces such ravages in a short time that it is impossible to judge—I had not taken particular notice of him the day before I sent him away—the wasting is very sudden in cholera—it is an exaggerated statement to say that he was a frame of bones; he was not so.

Cross-examined by SIR F. THESIGER. Q. You have attended the children of Holbom Union for some time? A. Every three years—there are two other surgeons—one attends the men one year, the other the women, and the other the children, so that I attend the children every third year—in general the children in workhouses are not the best specimen of children to be found—there are always a few cases of itch in the workhouse—I do not remember Andrews—I know his brother—I do not remember his going to Tooting—I never went there before 4th January—it is an exaggerated statement to say that James Andrews was a frame of bones—the emaciated appearance of a subject is very rapid in cholera cases—the emaciation would not commence before the discharges—James Andrews died of Asiatic cholera—I believe the immediate cause of cholera to be a peculiar condition of the atmosphere; it arises from atmospheric influence—I consider it decidedly infectious, so that when the poisonous state of the atmosphere has communicated disease to one subject, another may take it from him by infection—when many persons infected with the disease are in one apartment, a person going into that apartment would be in great danger of catching that disorder—the atmosphere would be poisoned by the breath of the infected person—the infected person increases the poison of the atmosphere—the difference between cholera and itch would be one is communicated by touch, and the other by the air—one we call infectious, and the other contagious—I do not consider cholera to be contagious—I think you may safely lay your hand upon a cholera patient—in my opinion open ditches in the neighbourhood of a place would not generate cholera—in my judgment it would not be generated by marsh miasma, or by insufficient food—if cholera is prevailing, persons in a weak state of health are more likely to be affected by it than persons in a robust state—sometimes

cholera attacks one place, and spares another close by—I have heard of its attacking one side of a ship and not the other, and one side of a street and not the other—I have read of its ravaging apparently healthy and well ventilated places, and sparing those that are crowded and in a filthy condition—I do not know that that is the case—sometimes a regiment on its march will be attacked by cholera, and when the camp has been broken up, and they have removed a few miles, the cholera has disappeared entirely—I heard it the workhouse that the cholera broke out with violence at the same time at Wandsworth, which is the adjoining parish to Tooting—it commenced there before it did at Tooting, but it was prevailing at the same time—I do not know the Hackney Refuge, or Mr. Warburton's Asylum—I did not ascertain whether the treatment and improvement of diet which I directed on the 4th Jan. was attended to, because the children were removed the next day—I think cold is a great pre-disposing cause to cholera.

COURT. Q. I believe it is well known that rapid atmospheric changes or vicissitudes will predispose to cholera; rapid changes of the atmosphere, from dry to wet, and wet to dry? A. It appears in some instances it has had that effect, but it is not quite certain—I have read Mr. James Ansley's book; he shows that cholera sometimes follows rapid atmospheric changes, but he has not shown the necessary connection; he has not shown them to be predisposing causes, because I have known instances in which it has had no effect upon disorders—I did not attend the children, after they came back, at the Hospital or Union.

MR. CHAMBERS. Q. You have stated that insufficient food will not generate cholera, and you were about to add something? A. It might predispose to it; being warmly clothed one day, and insufficiently clothed the next, would be a predisposing cause, supposing the disease to be attacking the place at the time—if the children are closely crowded in a school-room, so as to become hot, and are turned out into a cold damp play-ground, and kept there late at night, that would be one cause of depressing the system.

COURT. Q. What extra clothing had these 150 children on when they were brought away? A. Caps and cloaks were sent down from the work-house to cover them—I believe they all had cloaks—when I examined them, to see whether they were fit to be removed, I thought some were under the influence of cholera—I did not observe whether James Andrews was one of them.

Q. Did you not think it necessary to look after those children that night, who you saw influenced by, or predisposed to, cholera? A. I was expressly precluded doing so that night; it was the condition on which they were admitted into the Free Hospital that no medical man should attend them that night; the medical men of the hospital should attend them, and I was not to go there—I am the officer of the Union—my office was superseded as soon as I got them there—I did not make a report to guide the officers who were to attend them; I had no time, I had other business to attend to; and I was certain that as soon as they were in the hospital they would be attended to by the medical men at once—that was the understanding, I took that for granted—I knew it was an evil for the children to travel in these vans at ten o'clock at night; but it was the lesser evil—it was no doubt injurious to remove them at that time—it might be a predisposing cause equally with the change of clothing—Mr. Ansley lays down in his book that parties living in marshy situations are more liable to cholera—he states it is by reason of the marsh miasma—in my opinion it does not; his opinion is otherwise—it is also considered that terrestrial exhalations, which

affect the purity of the air, or its electrical state even, will predispose to cholera—I believe it was indispensable to the preservation of their lives to bring them up that night.

JOHN ROWLAND GIBSON . I am a surgeon. I examined the children that went from the Holborn Union on 28th Oct., 1848, to Tooting; I have no recollection of the fact, but that was my duty—if James Andrews was among the number I must have examined him—I did not, to my recollection, pass any children that were in an unhealthy state—I have no recollection of any individual case; but it was my duty not to do so—I have no recollection of James Andrews.

Cross-examined by SIR F. THESIGER. Q. I suppose if a boy was thin, but had no complaint on him, you would pass him? A. Yes; there were boys of all conditions among them.

ALFRED BARING GARROD, ESQ ., M.D. I live in Harley-street, and am assistant physician to the University College Hospital. I made a post-mortem examination of the body of James Andrews—it was then at the bone-house in the Church-yard—I examined it 140 hours after death—it had been buried by mistake, and a wrong body was disintered, I believe, and afterwards the right one—the body I examined was taken out of the ground—it was shown me by the sexton; his wife, and one of the porters of the Free Hospital were also present

STEPHEN PEARSON . I remember seeing a body in the vaults of Trinity Church, Gray's-inn-road—I cannot say when it was; I merely happened to be in the Church, went down into the vaults, and found some gentlemen dissecting's body—I did not know the body before—I had never seen it to my knowledge—I understood the wrong body had been buried.

Cross-examined by SIR F. THESIGER. Q. Are you acquainted with Mr. Drouet? A. I have seen him several timet when I have been to his establishment as a visiting guardian of St. Andrew's, Holborn—I am one of the gentlemen who attended from time to time with the reports that have been read—I have had an opportunity of observing the establishment; in my judgment it was perfectly well conducted—Mr. Drouet's character for kindness and humanity has been exceedingly good—I have heard it stated by numbers that his character was exceedingly good in the neighbourhood, and I have heard it in town as well.

WILLIAM FILLBY . I am grave-digger to the poor in the parish. I knew James Andrews; I saw him in Oct, 1848, before he went to Tooting; he was in very good health—I saw him in the hospital when he came back—I fetched the doctor to him, and was in the room when he died—I saw him when he died, and afterwards buried him—I afterwards exhumed him by the direction of the authorities—I was present when his body was examined by Dr. Garrod.

DR. GARROD re-examined. Some man was present when I made the post mortem examination; I believe it was the last Witness—I came to the judgment that the boy died from malignant cholera, Asiatic cholera—the body had been buried 140 hours, but it was very fresh, and presented very slight appearances of decomposition; it had no disagreeable odour; it was cold weather—the body appeared to be that of a child who had been considerably emaciated before death, the head was large in comparison with the body, the development of the body appeared rather behind what we should expect at that age, and several of the second teeth had not appeared—the teeth were Hot so forward as I should expect in a boy of that age—most of the first

teeth had fallen out, and there was a slight lividity, which is the case with boys of infirm constitutions; it betokens weakness of constitution—the body was very slightly livid, and the akin on the hands and feet was slightly shrivelled in appearance, which you frequently find after death from cholera—on dissection it was found that the layer of fat was exceedingly spare—where there is usually considerable deposition of fat it was almost absent—most of the organs were healthy, with these exceptions, that the lungs were slightly congested; the bronchial glands were slightly enlarged—I noticed that OP account of their being frequently enlarged in scrofulous and ill-conditioned children, the mesenteric glands were much enlarged with slight deposition of tubercular matter—the external surface of the small intestines was rather pink, and of the large intestines grey; that is a contrast that has been noticed as frequent in cases of cholera—these were indications that death resulted from cholera—the internal or mucous membrane, both of the upper and lower intestines, was congested in patches, and contained some thickish matter, somewhat similar to boiled rice, a gruel-like matter, without any yellow appearance—this matter, carefully examined with a microscope, presented all the appearances which you find in the thick portion of the evacuations in cholera—the blood throughout the whole of the body was of a very dark colour, and of a tar-like consistency, yet not coagulated; that was contained chiefly in the large vessels of the body—the large vessels were generally filled with blood throughout the body, but the small vessels were in general empty, and the tissues of the body bad a dry appearance on dissection—the arterial blood was almost as dark as the venous blood—upon analysis it was found to be very peculiar in its composition; that is to say, it contained very much 1M water, and therefore a much larger quantity of solid matter than is contained in the blood of adults, and excessively so as compared with the ordinary blood of children dying of other diseases—these appearances altogether perfectly satisfied me that the child must have died of Asiatic cholera; I have no doubt about it—the dark appearance of the blood is universal, when a patient has died in a state of collapse, but not afterwards; for when they recover, and then die, that condition is sometimes considerably altered—the heart, liver, spleen, and kidneys, were all healthy—I have no doubt that part of the emaciation of the body would arise from cholera—I should think that that appearance of shrinking might be produced in forty-eight hours, but not the absence of fat; I cannot account for such a state of emaciation, by the progress of cholera only, within forty-eight hours, upon a healthy child—I consider that this must have been rather an unhealthy child; it might bare been hereditary, and it might hare been produced doubtless by being improperly brought up, fed, clothed, and lodged; the appearances were consistent with that—I do not know Mr. Drouet's premises.

Q. If a child had been lodged in a room over-crowded with children, and which had been insufficiently ventilated, and if its food had been indifferent and insufficient, would that, in your judgment, have accounted for any of the appearances you found on the body, independent of the action of the cholera? A. If the time which the child had been exposed to this influence had been long; say for several months, but it is impossible to say—I should think from Oct. to Jan. would not account for it; I would not be positive on that point—it is my opinion that there was a cholera influence somewhere at the time this child died—I do not say it was in the atmosphere—a child insufficiently fed and clothed, and lodging in a dormitory insufficiently ventilated and over-crowded, would doubtless be liable to be affected by influences which

would not affect a strong and healthy person, and among other influences that of cholera; it would certainly be the more predisposed to accept the influence of that complaint.

COURT. Q. Would a person of an impaired or weak constitution be naturally more disposed to receive the effects of this influence? A. I believe so; but especially those who are otherwise healthy, but are kept rather low; that is the case, at least as far as our experience of the present epidemic goes; those constitutions which are impaired by bad air, and insufficient food, are more liable.

MR. CLARKSON. Q. That is to say, a child of robust health and good constitution would resist an influence which would be the destruction of one of more feeble habit? A. Certainly.

Cross-examined by SIR F. THESIGER. Q. I think J understood you to say, from the appearance the body presented, that it might have arisen from an hereditary poor constitution, or from the mode in which the child had been brought up? A. Yes; it would require some months to bring a child into that state—I believe that cholera is an influence, either in the atmosphere, or somewhere, that travels from country to country, probably the atmosphere is the conveyance by which it travels—I think it cannot be generated in England—I think it is generally propagated, not by contagion or infection; in tome cases it may be—I speak uncertainly, because I have no evidence—what evidence we have, I think, seems to show that it is not propagated by contagion, but by atmospheric influence; still, in certain eases, it may be infectious, as we find a degree of infection in certain stages of other diseases—it generally selects prisons, workhouses, and establishments where the patients, perhaps, are not having their usual diet, or are kept rather low; that is when the choleraic influence is but slight—if selects such places first—when the influence is powerful it will attach itself to healthy situations, and to persons who are strong, as well as to those who are weak—it appears to be very capricious—it has been known to visit one bank of a river, and to leave the other untouched—to visit one side of a street, and not the other, and to pass over houses, leaving the intervening ones untouched—I have not known it to attack females and not males—I do not know Mr. Warburton's establishment.

MR. CLARKSON. Q. Would over-crowded rooms, insufficient ventilation, and insufficient or unsound food, on the part of a child of weakly or unhealthy constitution aggravate that state, and more entirely pre-dispose it to cholera influence? A. Certainly.

COURT. Q. Bad air, bad food, and bad lodging will contribute to that? A. Yes; I believe those three causes cannot produce the cholera, unless the influence is also present; a certain something is required over and above that—something is required to give the cholera, in order to make those different circumstances operate mischievously; I do not mean to say that the treatment in a prison, the want of generous food, proper clothing, or exercise, would generate cholera.

WILLIAM JAMES KITE . I am a surgeon—I have been qualified more than two years, and have been in practice more than two years in the country—I was at Hatfield before I came to Mr. Drouet's. On 81st Oct., 1848, Mr. Drouet engaged me to go to his asylum, at a salary, to attend to the sick—were were about 1100 or 1200 children then there—I saw no medical book for the purpose of recording the state of health of the children—I kept one—I think nearly 200 children were added to that number about the end of Dec., from St. Pan eras' parish—I have memorandums of the number of tick children that I attended—Mr. Drouet never consulted me as to the extent

of accommodation afforded to the children in the establishment, or with regard to the ventilation of the rooms, or as to their being over-crowded and having too many beds in them, nor as as to the number of children in a room, nor as to their clothing—when I arrived there was a place called the Infirmary—it was a room in the building—there were healthy children in some parts of the same building where the infirmary was—there were a few patients in the infirmary when I went—three or four weeks after I arrived another sick ward was formed—some of the patients I found there bad been seriously ill—there were some cases of opthalmia—there were a few children not in the infirmary affected with the itch—I can give no precise number—there were several affected with cutaneous diseases of some kind or another—there were not many affected with pure itch—there was a separate ward for those who had cutaneous diseases, so as to prevent their contaminating the others—I tried to get rid of the disease, but I found it very difficult indeed—Mr. Drouet did not object to receiving children with the itch—they were received whether they had it or not.

COURT. Q. Did you ever hear of the cholera being produced by the itch? A. No.

MR. CHAMBERS. Q. When you went there were any of the children affected by dysentery? A. There were very few cases, they recovered, with one or two exceptions—the first case of distinct cholera came under my observation on Friday night, 29th Dec.—that was not a fatal case—the child had not been in the sick ward before—the next morning cholera attacked several other of the children—between that and 13th Jan. 139 died—that was the full time which the cholera raged—there were a great number of cases existing in the establishment previous to 5th Jan.—it was my duty to attend the wards where the cholera patients were, as well as the healthy children—when the children were attacked they were removed into the cholera ward at once, immediately I perceived any indication—I did not know James Andrews—I was in Court when the attic which he is represented to bare I slept in was described—the description was incorrect, but you can go from one I attic into all the rest, I think—I think there is a passage from one into the I other—I do not know whether you can go into any one you please without I going through another from the landing—I believe the children slept two in a bed—I was not there when James Andrews was—it was not my duty to go round I the sleeping-rooms every day, I did not do that; I have been into them—the beds in the attic were rather close to each other—the children in that attic I were not crowded—I have seen two in a bed, but not three—I went into this, I attic when the cholera broke out—it was after 29th Dec, I think the next I week; it was after 5th Jan.—I cannot give you any description of the site I of the attic—I cannot tell you how many beds there were—I had never been I in that range of attics previous to 5th Jan.—the cholera broke out on 29th I Dec., and on the 30th there were about a dozen cases, on 31st still more, sod I it gradually increased till the 5th, which was the climax—there were between I fifty and sixty fresh cases that day, and there must have been 200 altogether I—we then had several cholera wards—it gradually decreased from 5th Jan.—we had some new cases, but the number from 29th Dec. to 5th Jan. included, I was 200—I had an opportunity of seeing the bed-rooms when we were in a healthy state—there were certainly rather too many in the room that I west I into—I did not see them all—I went down one range—there were rather too I many children for a state of health—the numbers that were there might predispose them to take disease—I do not know the number that used to go into the day-rooms—I lived on the premises—all the children did not go into the I school-room—there were places were the infants, those below six or seven,

did not go—they were kept in their own wards, and there was an infant-school to which they went—I do not know how many infants there were in the establishment, there were a great number; very nearly half the children were infants—I saw the rooms to which the infants went; they did not appear over-crowded—I have been in them in the daytime, when the children were there, not in school-time—there are several rooms; they are called by the different nurses, wards—James Andrews was in one of the small boys' wards—there were four large day-rooms for the infants—I do not know bow many of the small boys were there—the predisposing causes to cholera are numerous—I consider that the congregating together of several individuals is a predisposing cause—I have not said that the establishment was over-crowded—I think the congregating together of individuals, not only in that establishment but in others, has been a predisposing cause to cholera—I do not allude to that establishment alone, but generally speaking to establishments where they are congregated together—I was there five weeks before the cholera broke out, and afterwards two—I did not form any opinion of the predisposing cause there except the congregating together of a large number—generally speaking, there was not over-crowding there—the over-crowding in those parts where there was over-crowding was a predisposing cause undoubtedly—the overcrowding was in the bigger boys' dormitories—I did not visit the little boys' dormitories—there was a little over-congregating together in the big boys' dormitories, and that is a predisposing cause—I saw Mr. Grainger when he came down there—he went over the establishment—he did not go into all the dormitories with me.

Cross-examined by SIR FREDERICK THESIGER. Q. You did not know James Andrews personally? A. No; I do not remember him, but I remember the name is the little boy's ward—he was in the sick ward a fortnight, and that is bow I recollect him—he went in on 8th Nov—he remained there, although he was not on the sick list—another sick ward was made, where the sick were placed, and that which was formerly the sick ward was kept for the little boys, and he was kept there—in the sick ward they had anything that I ordered them—I had power to order what I pleased—from 8th Nov. James Andrews would hare anything I chose to order for him, even porter, or any other support I thought fit—the establishment was generally healthy when I went there—there were very few ill in the boys' ward eight or ten; and in the girls and in the infants' ward there might have been an equal number—I cannot tell the exact number, but it was few compared with the number in the establishment—after I went there many children came with the itch upon them—I did my best to get rid of it—I cannot tell whether I succeeded, on account of the cholera breaking out, and the removal of the children—there were four rooms for the infants, boys and girls—the girls were separate from the boys, except the very little ones—they had the same room by day—the cholera broke out very suddenly indeed on 29th, without any preparation at all for it—I saw no premonitory symptoms—there bad been several cases of diarrhoea in Dec. as well as Nov—there are always some in the establishment—they had recovered from that before the cholera broke out—it then became ne-cessary to remove those who were attacked from the healthy ones—that necessarily created a confusion in the establishment—we had great difficulty in procuring nurses; they objected to come, after having agreed to do so—many failed to fulfil their promise—from 29th Dec. to 5th Jan. I did all in my power to arrest the progress of the disease—I was up night and day the whole time—Mr. Drouet was very axious to do all he could—it is plainly proved by experience this last winter, that congregating together is a predisposing

cause to receiving the cholera—it has raged principally in establishments—consulting the registrar-general's reports, it may be seen that it was so in no less than thirteen workhouses, lunatic asylums, prisons, ships, and so forth—up to the time the cholera attacked the establishment, the children appeared to be completely healthy—it is not to be expected that every child out of 1400 can be well—I never heard any complaint of coldness or of the diet from any of the children, or from the nurses—I never heard Mr. Drouet's character for kindness or humanity impeached—I nerer heard anything against him in the establishment, and I never heard anything one way or the other out of it—there were six adults in the establishment attacked with the cholera—three of them died—they were in good health before—the nurse of the ward where James Andrews was, in one who died.

MR. CHAMBERS. Q. What ward was James Andrews in? A. It was called Nurse Warren's ward—I only heard that Andrews slept in the attic—that was where some of the children from Nurse Warren's ward slept—that was the sick ward at the time he was taken ill, not the attic, the ward down stairs—I imagine that she attended those who slept in the attic—I saw her attend on Andrews in her own ward down stairs—that was long before be left the establishment, and then when he was ill he used to sleep in the tick ward, and she attended him there—he led there to sleep in the attic when the change was made, the last week in Nov., or first in Dec—that was when another sick ward was provided at the end of the building—I never west into the attic till after 5th Jan—James Andrews came on the sick list on 8th Nov., and was there about a fortnight—after that he mixed with the other children of the ward, and was no longer treated ass sick child—he had hit meals with them—the first time I had a medical man to assist me in attending to the children, to reside in the house, was 5th Jan., we had several daily visits—on the next day Messrs. Chapman, surgeons at Tooting, and surgeons to this establishment as well, were called in—they came in the day—I did not myself personally apply for nurses, I only heard it from those who went that none could be got—I believed it at the time—I have no memorandum of the number of cases of diarrhoea there were when I first went—there were forty-two during the month of Nov., and forty-five in Dec.—it is doubted whether diarrhoea is a premonitary symptom of cholera—some say it is, and some that it is not—I do not think it is in every case, not as a general rule—It was not at Tooting, because it did not exist—very few indeed of those who had had diarrhoea were attacked with cholera—I cannot give the exact number of the forty-five who were attacked with cholera.

COURT. Q. You say that in the first month forty-two cases arose, do you mean that they were different cases which occurred in that month, or that you had forty-two cases, the same cases throughout the whole month? A. Forty-two cases throughout the whole month—the majority of them were cured in the month—they generally lasted only a day or two, and then we had fresh cases, which filled up the number—in the next month we had forty-five; the majority of those were cured—a few of the forty-two were included in the forty-five—some had a repetition, and it was counted as a fresh case—perhaps fifty or sixty different children were attacked by diarrhoea in those two months—very few indeed of those were afterwards affected by cholerar—I could not find a dozen cases, therefore diarrhoea was no premonition of the cholera at all.

HENRY WITHALL . I am the registrar of deaths for the parishes of Streatham and Tooting, and I have got the register-book from April, 1848, to

Jan., 1849—it contains the causes of death—there are no persons registered as having died of cholera in my district except at this establishment—my district comprehends the whole of the locality of Mr. Drouet's establishment

Cross-examined by SIR FREDERICK THESIGER Q. Does your district include Wandsworth? A. No portion of Wandsworth; the boundary of my district is about half a mile from a place called Somers' Town, where there bad been a few cases of cholera, but that did not lie within my district—there were several cases in Wandsworth parish, a portion of which abuts on my district, about half a mile, or not quite so much from this establishment

RICHARD DUGARD GRAINGER, ESQ . I am a member of the College of Surgeons, and have been in the profession upwards of twenty-five years—I have been for some time lecturer at St. Thomas's Hospital, and am superintending medical-inspector under the Board of Health In consequence of holding that situation I was sent to Mr. Drouet's establishment on 5th. Jan—I saw Mr. Drouet there; I suppose I expressed to him that I was sent to make inquiry by the board of health; I said it doubtless to some one in the establishment, and I suppose to Mr. Drouet—I introduced myself, and the object of my visit—I went over some parts of the establishment on the Friday, not the whole—my attention was particularly confined to the cholera wards, where the cholera patients were—I also went into the school-rooms—after I had been round the wards, and seen the state of the cholera patients, I considered it my duty, as a public officer, to suggest what seemed to be desirable for the safety of the children—I believe I sent for Mr. Drouet, but I saw him, and stated that I thought there was not sufficient medical attendants, and recommended that he should have three additional qualified medical practitioners, and one physician of eminence, in whom the public would have confidence—I further suggested that there should be in every ward with more than twelve patients, four nurses, two for the day, and two for the night, and if there were less than twelve patients that there should be three nurses; and also that the wards should be less crowded, so that there should not be more than one patient in each bed.

COURT. Q. Did these recommendations result from the then state of the establishment being afflicted with cholera? A. They did—I did not see James Andrews at all.

MR. CHAMBERS. Q. Alter 5th Jan. I believe you visited the whole of the establishment? A. On the Saturday and Sunday, and again on the Wednesday—I saw both the healthy and unhealthy wards, the school rooms, and the dining rooms; that was quite with Mr. Drouet's consent, as I understood—I thought the dormitories were too crowded; I speak of the number of beds, not the number of children—I thought that there were too many beds, and that they were too close together—in my opinion that would be injurious—I thought the rooms were not properly ventilated, considering the number of inmates.

COURT. Q. Then the number of beds might have remained the same, if more ventilation had been given to the room? A. That is my impression; there were either too many beds for the ventilation, or not ventilation enough for the number of beds.

MR. CHAMBERS. Q. Was there the means of properly ventilating all the dormitories? A. In my impression there was not; there were nearly 1400 children there—I thought that the school rooms had not the proper means of ventilation, considering the number in the establishment—there were too many in the school-room—the school rooms were not sufficiently capacious—I formed an opinion as to the essential cause of the attack of cholera—my

opinion was, that the principal cause of the great mischief was the over. crowding of the establishment—I questioned several of the children believe that was with Mr. Drouet's permission—I made a great many inquiries—I cannot say whether he was present or not, but I think not—I afterwards saw the children belonging to St. Andrew's, Holborn, who had been taken from the establishment—I saw them by direction of the Board of Health, with Dr. Farr, at the Free Hospital, on 20th Jan.—the general appearance of the children was unhealthy—there were many exceptions-some were healthy children—a great many of them were wasted in the Iimbs, and had what is commonly called "pot-belly"—the great majority of them had marks of some sort or other on the skin, either from itch or chilblains—of fifty-five boys who were examined, forty-two had the itch; and of sixty-five girls, thirty-four had principally the itch, or some other disease of tie same kind, and six others were otherwise affected—we found that the pulse was weak, and that there were all the indications of a feeble state of system.

COURT. Q. The pulses of all were weak, were they? A. I do not know that we examined all, but there was a weak state generally—I cannot tell how many had a weak pulse; it was more than the ordinary weakness of childhood—as Dr. Farr examined the children in my presence, I marked down what was the matter with them—I cannot charge my memory at all as to the number of weak pulses.

MR. CHAMBERS. Q. From your examination could you at that time form a judgment whether they had been improperly or properly treated with respect to food? A. My impression was that they had been under-fed—tie pot-belly and wasted limbs are indications of that—the erruptions and sores are, I think, indications of neglect.

COURT. Q. Would itch result from not having enough to eat? A. No, not directly.

MR. CHAMBERS. Q. But from a low state of diet, and thinness of blood, would itch be likely to be engendered or caught? A. The fact is, it depends upon an insect, and feeding cannot create it—I have here notes which I made when I visited the establishment—my impression was, that the school rooms were not large enough for the children who were in them—I did not myself make measurements of them—I took no notice of the particular number of beds in the rooms, but I had measurements of the rooms sent me, with the number of beds.

ARTHUR FARR, ESQ ., M.D. I have been in practice for several years—I am one of the medical professors of King's College—I accompanied Mr. Grainger to Mr. Drouet's on 25th Jan., at the request of the Board of Health, to examine into the condition of the remaining children—on 20th Jan. I examined the whole of the children of the Holborn Union that were at toe Free Hospital—I think 120 were presented to us for examination; their state was very various; the girls were in better health than the boys, which is almost always the case with children in workhouses—some had very tail limbs, and were pot-bellied—the complexion was pale, and the flesh soft; others, an appearance of health, such as I have generally seen in workhour I children, was observable—about two-thirds, or rather more, had some disease of the skin—the greater number of those being cases of itch, some in the wont or pustular form; some were suffering from broken chilblains, they decidedly differed from the usual appearance of workhouse children, that difference I consisted, in the first place, in the great prevalence of diseases of the axis comparing the condition of their skin with that of children in workhouses, a very remarkable contrast was observed—I never saw so large a number of

children affected with diseases of the skin, chiefly itch—I think I saw more itch in the eight days on which I examined these children than I have seen for three years past in the hospital to which I belong—forty-five per cent. was the entire number of cases of all the children examined that had either itch or some disease of the skin—that was the most striking feature with regard to their condition that I observed.

COURT. Q. Is it unusual to see thinness and pot-bellies in workhouse children? A. No; by no means unusual; it is a common appearance—the prevalence of itch in workhouses depends entirely on the mode of treatment to which children are subjected—I believe it is quite possible to prevent it in establishments for poor children—if a number of children are sent in with the itch, I should prevent others catching it, by keeping them in separate wards, and subjecting them to a treatment, which cures the disease generally in four or five days, but always in less than ten days, and not allowing them to go among the other children till they were perfectly well; I should, also, keep a strict watch upon them afterwards to detect the commencement of the disease, and to keep them perfectly clean.

MR. CLARKSON. Q. In your opinion, what was the cause of the appearance you observed about the generality of these children? A. In the first place, with regard to the prevalence of skin diseases, the neglect of those precautions to which I have alluded, and which ought to be taken in all establishments for poor children, because it would prevent not only itch, but other diseases common to children, which are not only communicated from the hands of one child to another, but also by the clothes; indeed, I believe it is more difficult to cure the clothes than it is to cure the disease—this disease being contagious if you once introduce a child into an establishment, it will spread from that child to a large number, perhaps, to the whole, therefore, the cause of this disease most be traced in the first instance to that introduction having taken place—I judge very much from the state of the skin of a child more than from any other part of the body, and the skin of these children certainly showed that they had not been well managed; they had not received that attention they required as to cleanliness—many of them were in a condition produced by a diet not suited to children, too much fluid and too little solid—a diet which is too fluid, where too much broth is allowed and too little meat, generally distends the belly and produces pot-belly—the usual allowance of meat to pauper children is three times a week, I think—a good deal will depend upon the management of children as to how often they require meat—if a child is much exposed to the air and takes a great deal of exercise it will require more meat than one who is kept in a sedentary position—a good deal will depend upon the mode of management; some require meat more than three times a week, with others it is sufficient—I think if these children had received a proper diet both in quantity and quality, they would not in so large a proportion as I observed have presented the pot-belly, the wasted limbs, and the flabby soft flesh—the flesh of a child should be firm, and the skin clear and healthy, and not rough as it was in many instances—I attribute this condition to insufficient diet as well as to a want of cleanliness—as far as the prevalence of the akin disease was concerned I attribute that in a very great degree to a want of cleanliness—I believe if they had been attended to, not one-fourth of the quantity of the diseases of the skin which I observed would have existed—I presumed from what I saw that the diet was not satisfactory, that it was unsuitable in point of quality and quantity—the skin of a child shows the nature of its feeding as well as the skin of an animal—you know by the skin of a horse whether it is well

fed, and you know by the skin of a child whether it is well-fed—I judge more by the skin than by any other part of the body how a child has been treated—with regard to the effect that ventilation, and those other matters which have been alluded to, would have on the state of the children, I offer no opinion—I think I ought to confine myself to the want of cleanliness and proper diet; my opinion is almost entirely confined to that—I think it possible that other circumstances may have been in operation to assist in producing the appearances, but I attribute them principally to the want of cleanliness and to unsuitable diet—the condition of the children improved as my visits became later—the state in which I first saw them would undoubtedly, in my opinion, have rendered them more subject to any virulent disease which might be prevalent—it would have predisposed them to cholera, typhus fever or any other disease that might be prevailing at the time—Mr. Grainger and I examined the children together—I did not go over Mr. Drouet's establishment with Mr. Grainger—I entirely confine my opinion with respect to the children to a want of cleanliness and allowance of food.

Cross-examined by SIR FREDERICK THESIGER. Q. When did you first examine the children of whom you have been speaking at the Free Hospital? A. Those belonging to the Holborn Union I saw on the 20th; I saw 120—I do not know what had become of the rest—I examined the whole of the 120—there were sixty-five girls—I think about twenty of the boys passed through my hands—thirty-four of the girls had the itch—they all had cutaneous disease, and in five cases out of six that disease was the itch; in others it was interigo—that is not allied to itch—almost all cases of itch may, under proper care, and with every facility for curing it, be cured in four or five days, and many in three—these children had been at the Free Hospital, I believe, nearly a fortnight when I saw them—I do not think many of them could have caught it in that fortnight from the form in which I saw it; because many of them had pustular itch, that is large collections of matter formed on the hand, which takes many days to form, and on other parts of the hand were the scan produced by the healing of those sore places, and many of them had evidently had the disease for a month or two—there would have been no difficulty in the doctors at the Free Hospital seeing those complaints in the form I am describing—it may be called itch in a chronic state, but we hardly apply that term.—we hardly draw a distinction between acute and chronic as applied to that disease; it is in one sense chronic—the advanced stage of that disease has no distinct appellation—pustules form and heal, and others form and heal, and so it spreads over the whole body, and may go on for months—I do not know how many doctors there are at the Free Hospital.

COURT. Q. Did you see anything on these children which might not hare been cured in a fortnight? A. The majority of them, I think might, with proper appliances, baths, and other means for cleansing the surface, separate rooms, and proper attendance, with those appliances, it might be cured in four or five days in the greater number of instances—I do not say that each patient should have a separate room, but a separate bed and separate linen.

SIR FREDERICK THESIGER . Q. Who is the surgeon at the Free Hospatal, do you know? A. I do not; there are two—Mr. Wakley is one, and Mr. Jackson, I think, is the other—I mean young Mr. Wakley, not Mr. Wakley the Coroner, but his son.

COURT. Q. Did you ever know the disease called the itch, generate cholera? A. No, undoubtedly not, it is quite impossible—I never knew a short allowance of provisions generate cholera, but it greatly predisposes to cholera—I think it impossible that it could generate cholera—when I say it predisposes,

I mean that the constitution is enfeebled so that it is more liable to suffer from an attack by disease.

Q. So when you say that it predisposes to cholera, the same thing might he said of scarlet fever, putrid fever, or any fever by which the party might be attacked, either by infection or contagion? A. Yes; I think if a person has not sufficient food he will be more liable to take that disease which is prevalent at the time—if it be a cholera season he will be more likely to have cholera; if it be a typhoid season, he will be more likely to have typhus—if the constitution is prostrated it is more liable to suffer when attacked.

THOMAS CARR JACKSON . I am house-surgeon at the Royal Free Hospital—I was there when the children were brought belonging to the Holborn Union—I examined them on 6th Jan.—I examined the boys more particularly—I have some memorandums which I made as to their appearance and state of health—they were examined on 6th, and re-examined again on 9th—a very large proportion of them, sixty-six I think in number, were passed in review, thirty-four of whom had eruptions, and six had sore feet—of those thirty-four having eruptions, the greater proportion were cases of scabies, others were doubtful, and others were what are termed cachetic eruptions, or cases dependent upon a low condition of the system—the larger proportion of them had pot-bellies and relaxed muscles—some were very healthy—they came under my care on 6th Jan.—they were not under my care especially—I saw them from time to time—I could not form any judgment at all whether previously to their coming to the hospital they had had an insufficiency of food—I should say from my observation of them that the quality of the food was not what it ought to have been; because taking them generally they were not in a good state of health—I can say nothing with, regard to lodging, because I know nothing of Surrey-ball, but they were certainly not sufficiently clothed when they were brought to the hospital—I am speaking more particularly now of the clothing of the boys—Dr. Farr and Mr. Grainger only saw 120 of the children, because some of the boys were ill in bed, and they did not see them—some of them also were in a part of the regular hospital, as we termed it, at that time, removed away, and I do not think they saw them—those they saw were able to walk—they were brought into the room to see them—they were medical cases—young Mr. Wakley had nothing to do with them.

Cross-examined by MR. BALLANTINE. Q. I suppose all the doctors and the surgeons likewise saw the patients? A. They might have seen them, but only the surgeons paid particular attention to them for treatment—on 6th Jan. I found out that several of the children had the itch—I took no method whatever of curing it at that time—I began to treat them after the confusion had subsided, and the urgency of the disease was relieved—I cannot exactly say when I began—I have no memorandum—I thought it important to cure them of the itch, but I thought they would be removed back to the workhouse immediately after the disease for which they were admitted had subsided.

Q. But what was there to prevent your beginning to work on the itch that very day? A. You must recollect that the great number of children brought into the hospital paralyzed us—they were brought into us at three hours' notice—the treatment of the itch is very simple; rubbing with sulphur ointment, cleanliness, and isolation of the patient, and attendants to rub the ointment in—you cannot depend on the children doing it themselves—in cases like that we depend upon the nurses—I do not know whether the clothes they came to the hospital in were the same in which they had gone to Mr. Drouet's—they kept those clothes on at the hospital until they got new ones—we have not at this moment, in a ward of twenty-eight persons,

fourteen with the itch—I examined a week ago, and found seven under treatment—I believe they are not cured yet.

MR. CHAMBERS. Q. Do you know how many of these children were actually affected with cholera when they first came in? A. Yes, there were attacked altogether eighty-seven, and out of those eighty-seven there were nine cases of collapse—it was impossible to treat them for the itch in the way that was necessary—the treatment for the itch is not consistent with tie treatment necessary for cholera.

COURT. Q. Did you see the children arrive? A. I saw them get out of the van, and gave orders about getting the rooms ready, the fires lighted, and so forth—the van seemed a proper thing to convey them in—it was perfectly closed in all round like an omnibus, from what I recollect.

MR. JAMES re-examined. There were three van—I was present when the children were put in—they were large open vans, such as are used for holiday-people, but covered entirely with large tarpaulins down to the wheels on each side, and with ample folds for the ends, so that they were entirely protected from the weather—I should think they could not have been cold in the vans—when they started it was very fine weather, and bad been a fine day, it was certainly a season when cold nights might be expected—I was acting under the direction of the medical officer—it did not begin to snow until we got to Clapham-common, which was half way—I was present when the children arrived at the Free Hospital, and there was nothing the matter with any of them, except some of the young ones were a little tired—I particularly inquired of the nurses as they were received how they were, and it was perfectly satisfactory—the girls had cloaks and bonnets, and there were likewise some blankets and things put into the other vans—they came in Mr. Drouet's clothes.

SIR FREDERICK THESIGER , with MR. BALLANTINE, submitted that there was no case to go to the Jury; it being clear that the death being a consequent of the visitation of the cholera, and was not directly or immediately caused by any neglect of duty on the part of Mr. Drouet. MR. CHAMBERS contended that there was evidence for the Jury whether by the course of treatment pursued by Mr. Drouet he had so reduced and weakened the deceased as to render him less able to resist the attack of the cholera. MR. BARON PLATT, upon that question did not feel disposed to offer any opinion, but there was a part of the can which seemed to him to dispose of it altogether; the indictment charged that certain treatment was exhibited to the child, by reason of which its death was caused: now it certainly was necessary on the part of the prosecution to hut given some evidence to show that the child could probably have resisted this disease, if that treatment had not been exhibited. No evidence had beet adduced to show that the child might not have died of the cholera if that treatment had not been exhibited; and in the absence of such evidence, in his opinion, in point of lawt the prisoner ought to be acquitted.

NOT GUILTY .

(There were three indictments against the prisoner for killing and slaying three other children, upon which no evidence was offered.)

NEW COURT.—Friday, April 13th, 1849.

PRESENT—Mr. Ald. LAWRENCE; Mr. Ald. SALOMONS; and Mr. Ald. CARDEN.

Before Mr. Recorder and the Fifth Jury.

Reference Number: t18490409-920

920. EDWARD GALLOWAY , embezzling 8s.; the moneys of Charles William Evans, his master: to which he pleaded

GUILTY . Aged 35.— Confined Six Months.

Reference Number: t18490409-921

921. JOHN DONOVAN , stealing 1 box, and other articles, value 1l. 4s. 6d.; the goods of the St. Katharine's Dock Company: having been before convicted. MR. CLARKSON conducted the Prosecution.

JOHN DAVIS . I am export foreman at St. Katharine's Docks. I receiver this box into my charge on 14th March, about three o'clock in the afternoon—there is a shed, in which this box and a number of other things were, belonging to the ship Cuba, which was about to sail for Cape Coast Castle—I saw the box safe about nine on Saturday morning, 17th March, it had an oil-cloth over it, and it was corded—I did not see it again till I saw it in the superintendent's office; the cord had been removed, and the tarpaulin torn—a person could walk from the shed to a pile of wood there.

JOHN JENNINGS . I am a day watchman at St. Katharine's Docks. Between eleven and twelve on 17th March, I saw the prisoner coming from between two piles of wood on the E quay, at St. Katharine's Docks, which was 300 or 400 yards from the shed—he was buttoning up his trowsers—I went to the wood, looked round, and did not observe that any one had been there for the purposes of nature—I turned to the left, and saw this box close to the pile of wood—it was open, and a chisel laid by the side of it—some books, some children's clothes, and some newspapers, were out of the box, on the ground—I looked for the prisoner, and in about a quarter of an hour I saw him on the waterside, opposite to this place; I crossed over, and walked quietly on till I came opposite the place; I heard something like glass rattle—I walked into the place, and saw him sitting by the box, he had some child's frocks, and something of brown holland, in his right band, and his left was in the box—on seeing me he dropped the things immediately—I ordered him to come out, and asked what business he had in the dock—he told me he came in with a wagon—I asked him whom he had driven for—he said he did hot know the man's name—I took him to the office.

JOHN PASMORE MUMFORD . I am superintendent of police at the Docks. The prisoner was handed over to me by Jennings, with the box and its contents, and this chisel—the box contained table-cloths and other articles—I asked the prisoner if he wished to say anything—he said he knew nothing about the box or chisel—I had placed the chisel on the desk—no one was in the office but me and the prisoner, and the person who brought the box-some glaziers had been cleaning the windows, but they had left half an hour before the prisoner went out of the office—I had missed the chisel—I searched him and the place where he was confined—I found the chisel wedged in between the seat on which he had been sitting and the wall.

Prisoner. That was the chisel the two glaziers gave him. Witness. No, I did not miss it two minutes, you asked if you might step out for a necessary purpose, went out, and I turned round and missed it.

JOHN JENNINGS re-examined. This is the chisel I found with the prisoner at the pile of wood.

ROBERT BOARD (policeman, K 332). I produce a certificate of the prisoner's conviction—(read—Convicted Aug., 1843, having been before convicted; transported for seven years)—he is the person—I believe he has been convicted since, and had a month.

GUILTY . Aged 21.— Transported for Ten Years.

Reference Number: t18490409-922

922. JOHN HOLMES , stealing 29lbs. weight of Jeaden pipe, value 3s.; the goods of Harry Pooley.

HARRY POOLEY . I live in North-street, Hackney, and deal in old building Materials—I bought a house in Cambridge-road, to pull down—this pipe was

attached to it—I left it safe on 17th Feb.—I did not go again till the 21 st—it was then gone—a piece was left, and the pipe that was found matched it.

GEORGE MURRAY (policeman, K 68.) On 19th Feb. I stopped the prisoner in Durham-street, Bethnal-green, with this pipe tied in this handkerchief—I asked what he had there; he said, lead that he had picked up in Pegwell. gardens—I took him to the station, and found some lead had been stolen from Mr. Pooley's—I took the pipe there, and compared it with what was left on the premises—I am quite satisfied it came from there—it was wrenched off from the wall—I had it drawn out from the wall—the water was all running about the place.

HARRY POOLEY re-examined. To my best belief, this seems the same lead—It had been cut, and then wrenched off—the end that the officer has, seems to have been in the ground—before I beat it up it had the appearance of having been bent up and down—had I not beaten it up to stop the water, I have no I doubt this end would have corresponded with the other.

Prisoner. The officer went to a man who keeps a Tom-and-Jerry shop, and I wanted him to come and swear it belonged to him.

GEORGE MURRAY . I stopped the prisoner at half-past eight o'clock it I night—I was not aware who the lead belonged to—I found a Mr. Pooley, I who keeps a beer-shop, but it was not him.

COURT to HARRY POOLEY. Q. Does the quantity of lead correspond I with what was taken away. A. I cannot say; certainly it appears to be about the same quantity.

Prisoner's Defence. I found it in a hedge, in a pathway leading from I some new buildings, at Dalston, in the handkerchief.

NOT GUILTY .

Reference Number: t18490409-923

923. GEORGE HAWLEY , stealing 144 packets of blacking, and a basket, value 5s. 6d.; the goods of John Dyer Williams.

JAMES WILLIAM NEPPRESS . I am errand-boy to Mr. Williams, a blacking-maker, in Newcastle-street, Farringdon-street. On 14th Marsh the prisoner I came to my master's for half a gross of two-ounce, and half a gross of three-ounce blacking—the prisoner gave his address, "Mr. Jones, Whitecross street"—my master gave me a bill and the goods—I was to go with the goods, and not to leave them without the money—when we got to King street, Smithfield, the prisoner said he saw his mistress, and she said I was to go to my master's for some pots—he wanted me to go back—I said I should wait—he said, "You sit down on the basket"—he went away, and I came again in about ten minutes, and said, "I have been to your master's, I and he says you may go for the pots; I will mind the basket"—I went to my master's, and he said no one had been there—I went back to where I left the prisoner, and he and the basket were gone—I saw him again about I three weeks afterwards—I asked him about it—he said he knew nothing I about it—he ran away; I got him again—he said he would walk quietly I with me, but I would not let him go.

JOHN DYER WILLIAMS . On 14th March the prisoner came to me for half a gross of two-ounce, and half a gross of three-ounce blacking—I sent I my boy with it in a basket, with the prisoner, to go to Whitecross-street I was to bring back the money or the blacking—the prisoner did not call on me and say that he was sent for some pots—I did not send a message by him I that the boy was to come to me for the pots.

JOHN FIELDING (policeman, M 241). I took the prisoner on 3d Apnl.

GUILTY . Aged 30.— Confined Six Months.

Reference Number: t18490409-924

924. JOHN BROWN , stealing 1 handkerchief, value 1s.; the goods of a man unknown, from his person: having been before convicted.

GEORGE SCOTT (City-policeman, 560). I was on duty in Thames-street, a little before eleven o'clock, on 7th April, and saw the prisoner—I knew him, and followed him; I saw him attempt to pick seven or eight gentlemen's pockets—after following him for a quarter of an hour I saw him put his hand into a gentleman's pocket, and take this handkerchief out—I ran across the road, and laid hold of him; he fell down, and laid hold of both my legs, so that I could not go after the gentleman—I had a severe struggle with him—I got him into a shop—another officer came to my assistance—the gentleman was then gone—there is no mark on the handkerchief.

Prisoner. He asked one gentleman, and he said, "No." Witness. I did not speak to any one.

DAVID THOMAS EVANS (policeman, C 596). I produce a certificate of the prisoner's conviction—(read)—Convicted Dec, 1846, confined three months)—he is the person.

GUILTY .* Aged 18.— Confined Eighteen Months.

Reference Number: t18490409-925

925. FREDERICK WRIGHT , stealing 1 bag, value 1s.; 1 cash-box, 10s.; and 17 sovereigns; the property of Charles Archibald Bartlett, his master. MR. PARNELL conducted the Prosecution.

WILLIAM ALDRIDGE . In April last year, I was porter to Mr. Bartlett, a bookseller, of Paternoster-row—the prisoner was in his service—on 19th April, I saw him in the warehouse, at twenty minutes after one o'clock—there was nobody else there—the cash-box was on the window-sill—the prisoner was outside that window, on the sill, going to clean it; that was the last I saw of him till he was before the Magistrate.

WILLIAM EDWARD FRANKLEY . In-1848 I was managing clerk to Mr. Bartlett, the prisoner was his porter. On 19th April, I left the warehouse, about ten minutes to one, on business—I came back at twenty-five minutes before two, I found the premises entirely deserted—I immediately missed the cash-box, and on searching, we missed an empty bag—I did not see the prisoner again till he was before the Magistrate—he was under notice to quit on the Saturday; this was on Wednesday.

CHARLES ARCHIBALD BARTLETT . I am a bookseller, of 32, Paternoster-row, the prisoner was in my employ between three and four years—I had given him notice to quit on the previous week—on Wednesday, 19th April, I went to my cash-box, about ten minutes past one o'clock—I took some money out, and there was then left in it seventeen sovereigns, and about ten shillings in silver—I went out at twenty minutes after one; I then saw the cash-box—I do not know whether Aldridge was on the premises then—I afterwards missed the cash-box, and gave information to the police—I went next day to the prisoner's mother, and while I was there, this letter came in the prisoner's writing, I opened it; this card was enclosed in it, with two half-crowns on it—I have seen nothing of the cash-box—it was the prisoner's duty to remain on my premises from one till two, especially if there was no other person there—he was not apprehended till March, 1849.

ALFRED GREEN (policeman, C 376). I took the prisoner on 6th March, in the New-cut, Lambeth—I asked if his name was not Wright—he said, no, I was mistaken—I said I believed his name was Wright, and that Mr. Bartlett had a charge against him—I took him to the station—he said he knew nothing about it, he was not the person—(The letter being read, contained the words, "being out of employ, has driven me to do this act, which I should not have done, if I had not been discharged").

Prisoner. I deny that letter being my writing.

JOHN KING . I am a clerk in Mr. Bartlett's warehouse—I believe this to be the prisoner's writing, especially the direction.

GUILTY . Aged 23.— Confined One Year. (There was another indictment against the prisoner)

Reference Number: t18490409-926

926. ROBERT PATRICK GOLDING , stealing 1 sovereign, 5 shillings 2 groats, and 1 penny; the moneys of William Bush, his master.

WILLIAM BUSH . The prisoner was in my service six days; I had a good character with him—on 26th March, I gave him 1l. 5s. 8d., wrapped in a paper, and 1d. in his hand, with a written order—I told him to go to Mr. Ryder, in Holborn, and bring those things—he went, and came back with the tobacco—I asked him for the bill, he said, Mr. Ryder did not give him one—I sent him back for the bill—he came back, and said, "Mr. Ryder will send the bill to-morrow"—he went home, and did not come again the next morning.

JOSEPH RYDER . I am a tobacco-manufacturer, of 86, High Holborn. On 26th March, a little after seven in the evening, the prisoner brought me a written order—I supplied him with the articles—he did not offer to pay for them, or ask for a receipt—he came back and asked for a bill—I said, "I will send the bill to-morrow when I send the other articles"—he did not say anything about paying.

Cross-examined by MR. ROBINSON. Q. Were there any customers in the shop? A. A boy came in after the prisoner had been in some time, when he was just going away—he remained after the prisoner—if he had paid the money I should have made out a bill, and put a receipt to it in the usual way.

JAMES WALTERS . I am in Mr. Ryder's service. I saw the prisoner at the counter on 26th March—he went away with a parcel under his arm—I came in just as Mr. Ryder had packed up the goods—if there had been any money I certainly should have seen it—I was not there at the beginning.

WILLIAM COBDEN (policeman, F 94). I took the prisoner on the morning of 27th March—he told me he had paid the money to Mr. Ryder, or laid it on the counter.

MR. ROBINSON to MR. BUSH. Q. Did not the prisoner say that he had put the money on the counter? A. I went to his mother's the next morning, and asked him what he had done with the money I gave him last night, he said he gave it to Mr. Ryder, or put it on the counter—the other boy came for goods the same as the prisoner did—the prisoner had been once before for goods and paid for them—there was no money wrapped in the order—I am not in the habit of giving credit—I let the prisoner have these goods, there being more to be sent next day—the goods I supplied him with came to 1l. 4s. 9d.—I think there was not an interval of more than five minutes between his having the goods and his coming for the bill.

NOT GUILTY .

Reference Number: t18490409-927

927. JAMES HALL , stealing 2 shawls and 63 yards of ribbon, value 1l. 13s.; the goods of John Reid, his master.

JOHN BAILEY BENSLEY . I was manager to James Reid, linen-draper, of Edgware-road, the prisoner was in his employ, he lived in the house—I left him there on 6th March, and went home to bed—at a little before twelve o'clock I was called to the shop—I went into the prisoner's bed-room, as we missed the street-door key—I found him in bed, intoxicated—his coat was lying on the bed—I saw a shawl and a piece of ribbon in his coat-pocket—next morning a policeman was sent for; the prisoner was still in bed with his clothes on, except his coat and slippers—I told him what had been found in his cost,

he said he was innocent, and they must have been placed in his pocket for a lark—I found two shawls and four pieces of ribbon in his pockets—I had not made such a search the night before as to know whether there was one shawl or two in his pocket—Mr. Reid has since become bankrupt.

Cross-examined by MR. PARRY. Q. On 6th March Mr. Reid was not a bankrupt? A. Not to my knowledge—the prisoner used to shut the shop, but he could not do it that night, he was so tipsy; I was obliged to assist in shutting it up—it is shut up at nine o'clock—it was shut up that night between nine and ten—I saw the prisoner intoxicated, I should say between seven and eight—there was a public-house opposite—I was sober—Hitchman was outside, putting the abutters up—there were three ladies on the establishment, one of them was Mr. Reid's aunt—I cannot be positive whether anybody was there visiting.

JOHN HITCHMAN . I was cashier to Mr. Reid. The prisoner was not quite sober on the night in question—he did not shut the shop—he went to bed—he generally takes care of the key—I wanted it, went up-stairs, and looked in his waistcoat-pocket—I could not see it there—he was in bed—his coat was on the bed—I felt in his coat-pocket—I saw a shawl and a piece of ribbon—I showed them to the female servant who was with me—I told one of the young ladies also—Mr. Bensley was sent for, and I went up with him—I only saw one shawl that night, and one piece of ribbon—the next morning I went to the coat, and saw two shawls and four pieces of ribbon—the shawl that I saw the night before was in the same pocket with the four pieces of ribbon—the other shawl was in another pocket—I did not see that the night before, because I was rather frightened, and went down-stairs—Bensley told the prisoner where they were found—he said he knew nothing about them, they must have been put in for a lark—he is in the habit of being drunk—he was more drunk than usual that night.

Cross-examined. Q. Was this a great coat? A. No—Mr. Reid was away at that time, and the shop was left in Bensley's care—there was not a great deal of confusion; all was going on straight—I was not having a bit of fun with the young ladies—they have not said that I have been impertinent to them—the prisoner beat me, and threw me down, and kicked me—it was not for being saucy—he wanted a bolt, and I could not find it—he said I had hid it—he was intoxicated almost every night—one night I and one of the other boys were going to frighten the servant, and we put some salt in a cheese-plate, with a drain of turpentine—we thought it would burn as well as spirits, but it would not burn—it was in a place called the dark hole, where all the boots were—I have never been told that I have been saucy to the young ladies—I never tried to frighten them—on this night the servant, two young ladies, and Miss Reid were in the house—I went up with the girl; I would not go up by myself.

RICHARD FIDLER (policeman D 124.) I was called into the room where the prisoner was sitting on the side of the bed at a quarter to eight o'clock in the morning—I saw two shawls and a roll of ribbon on the bed—Bensley took three rolls of ribbon out of the prisoner's pocket—he was sober—he hail one coat and a waistcoat on—the other coat was on the bed—he said he knew nothing of the things; they must have been put in for a lark.

JOHN BAILEY BENSLEY re-examined, I know these shawls and ribbons by the private marks.

Cross-examined. Q. You cannot say when you saw these shawls safe? A. No—we had 2,000l.-worth of stock—we had the privilege of having articles, if we had them entered previous to taking them.

NOT GUILTY .

Reference Number: t18490409-928

928. GEORGE NUNN and FREDERICK PERRIN, stealing 1 coat, 1 waistcoat, and 2 pairs of trowsers, value 2l. 8s.;the goods of James Blackey, their master: 2d COUNT chargingPERRIN with receiving the same: to which

NUNN pleaded GUILTY .

MR. BODKIN conducted the Prosecution,

JAMES BLACKEY . I am a clothier, of Brentford. Nunn has been in my service upwards of two years—he left me on 9th March, and I missed a good deal of stock—I spoke to the police, and made all the inquiries I could—I had Nunn taken into custody—at the station-house he expressed a wish to see me—I went to him, and he made a statement to me, in consequence of which I had other persons taken—Perrin was in custody before—this coat and trowsers are mine (produced.)

GEORGB NUNN (the prisoner.) I am eighteen years old. I was in the service of Mr. Blackey about two years—I left him in March—Perrin was in his service; he left about two months before me—he had a coat, waistcoat, and two pairs of trowsers of me in February—he was in the service at that time—I was in the shop—he came on the stairs, and said if I did not let him have them, he would tell my master of my former doings—(I had taken a waistcoat before, that a man had)—after a long consultation I gave them to him—I said they were not mine, I had no business to give them—he said if I did not he would go and tell my master—at last I got a coat and waistcoat from the warehouse adjoining the shop—it was about twelve in the day; I think my master was out—the trowsers he had had about a fortnight before—that was the first time be came down—then he had said the same words—they were all new things of my master's—these are them—he gave me 2s. 6d. for them.

THOMAS BURFORD . I am a pawnbroker, of Old Brentford. I produce I waistcoat and pair of trowsers, pawned by Perrin; the trowsers on 20th, and the waistcoat on the 24th Feb.

JOHN SMITH (policeman, T 92). I went to Perrin's house, and said I took him for stealing some things from Mr. Blackey's, which had been found at Mr. Burford's—he said he had no things of Mr. Blackey's, pawned at Mr. Burford's—I said I must search his house—he then said he had some things pawned at Mr. Burford's, but they were given him by Nunn—I searched, and found two duplicates; one fur a waistcoat pawned at Mr. Burford's, in the name of Perrin, and one for a coat pawned in another place, in the name of Blake—I cautioned him, and said he had no occasion to answer me—I then asked him how he came by the coat—he said it was given him by Nunn to pawn, and his wife took it.

Perrin. Q. Did I not say I would not hesitate to answer any question? A. Yes—I asked whether there were any duplicates in the house, and you did not answer me.

Perrin's Defence. One evening Nunn gave me these trowsers, told me to take them to the next pawnbroker's, and get him 5s. 6d.; I went, and got it, in the name of Blackey, and gave Nunn 5s. 5 1/2 d. and the duplicate; another time he called me in the same way, and gave me the dark trowsers, and told me to pawn them in my own name; he again called me in the same way, and asked me to take the other trowsers, and get 8s. on them, which I did, and gave bun 7s. 11 1/2 d.; he then brought this coat down; it was the only article that I saw unfolded; the others were in a handkerchief; he told me to get a sovereign on it, as he was short of money, and he wanted to make up 305. for his mother in consequence of the death of his father; I took it, but could not get more than 8s.; I took it back, and he abused me, and told me to take it to other

pawnbrokers; it laid till next morning; he then called me about eleven o'clock, and asked if I would let my wife go with it; she took it, and could only get 8s. on it; after that he gave me a black cloth waistcoat, and told me to get half-a-crown on that, which I did, and gave him the money; two of the duplicates he kept, and said he should get them out directly; the other two be left with me; he told me he should send my wife for the coat in a short time; I went to Mr. Blackey's in Nov., and left in March; if I had meant to be a thief I could have taken much more valuable things; a man might take anything, especially by gaslight; I have been an honest, sober man all my life; it appears by the date of the duplicates that Nunn had been playing these games before I went to work there at all; he has been acquainted with a woman, and went and lodged with her; he told me he wanted this money for his own use.

MR. BLACKEY re-examined. Nunn boarded and lodged on my premises; they consist of two warehouses—I discharged Perrin, from something I had heard.

PERRIN— GUILTY . Aged 31. Confined One Year.

Reference Number: t18490409-929

929. GEORGE NUNN and GEORGE DOWLING, stealing 3 coats, and 4 pairs of trowsers, value 5l.; the goods of James Blackey, their master: to which

NUNN pleaded GUILTY .

MR. BODKIN conducted the Prosecution. JAMES BLACKEY. The prisoner Nunn left in March—I missed a considerable quantity of property, and had Nunn taken—he made a statement, in consequence of which Dowling was taken.

GEORGE NUNN (the prisoner). Dowling was the first man that came down to me, and said he wanted a waistcoat—I showed him one—he said he would give me the money on the Friday evening, at paytime—I asked him for it—he said, "I will give it you"—I asked him again—he said, "I will make that right"—"said, "I must have the money or the waistcoat"—he never gave me either—he told Jones that I gave him the waistcoat, and then Jones came and asked me for a coat, or he would tell my master about the waistcoat-after that Dowling came and had a coat—he said if I did not give it him he would tell about the waistcoat—I gave him a coat and a pair of trowsers from the warehouse—he was on the stairs—I told him I was afraid to get them—he said, "Never mind, they will not be missed"—I had not given away the waistcoat, but I was afraid, because I had not told my master that I had let him have it.

Cross-examined by MR. PAYNE. Q. Where did you live before you went to Mr. Blackey's? A. At Mr. Adams'—I left there because I had not money enough—I swear that because I sold a waistcoat, and had not got the money, I stole the things that everybody asked me—I expected to get the money—I did not send any goods to be pawned by a Mr. Turner—a witness named Turner was examined before the Magistrate—I believe he was bound over as a witness for the prosecution—I did not tell him I had a coat and trowsers, that I wanted to raise money, and get him to pawn them—I heard him swear that—I let three persons have coats and waistcoats of my master's—I did not let Turner have any—I did not contradict him when he swore before the Magistrate; I never spoke—I cannot say how many things altogether I have stolen from my master—my father has lately died; I did not tell anybody that I wanted to raise money for my mother.

JOSEPH ROPER . I am a pawnbroker at Brentford—I have a pair of trowsers and a, coat pawned by Elizabeth Dowling, the prisoner's wife, in the name of Mary Dowling.

MR. BLACKEY re-examined. This coat and trowsers are mine—this is an old coat, and has been re-made—it is worth 7s. or 8s.—these trowsers cost me about 8s. or 9s.

EDWARD FIELDER (policeman, T 157.) I took Dowling—he said what he had pawned he had had given him.

NOT GUILTY .

Reference Number: t18490409-930

930. GEORGE NUNN and WILLIAM PAINTER , stealing 1 pair of boots, value 5s.; the goods of James Blackey, the master of Nunn.

MR. BODKIN withdrew from the prosecution.

NOT GUILTY .

Reference Number: t18490409-931

931. GEORGE NUNN and JACOB JONES , stealing 1 coat, value 15s.; and 1 pair of trowsers, value 10s.; the goods of James Blackey, their master: to which NUNN pleaded

GUILTY Confined One Year.

MR. BODKIN conducted the Prosecution. JAMES BLACKEY. When Nunn was taken, be made a statement to me,and Jones was taken.

GEORGE NUNN (the prisoner). Jones was Mr. Blackey's ostler—he was the I second-person who came down to me after Dowling—he said be understood! I had given Dowling a waistcoat, and if I did not give him something to make I two or three shillings with, be would tell of me—in consequence of that I gave I him a pair of new trowsers in the stable; they were my master's, I stole I them from the warehouse—he said he wanted to make a few shillings, and he I must have them—he gave me 3s. about three weeks afterwards.

Cross-examined by MR. PRENDEROAST. Q. Did you get Mrs. Turner to pawn something for you. A. No; she used to come down to her husband—I did not ask her to pawn an article for me, as I was obliged to shut up the I shop—I have been to Mr. Turner's on Mr. Blackey's business—I asked him I to make some alteration in my clothes—I never left any of my clothes with I him to be altered, and did not tell him I did not want them altered because my I father was dead—I swear Mrs. Turner was not engaged by me to pawn any I articles—the prisoner lived at Mr. Blackey's—he was ostler and shoemaker—these trowsers were given to him about the middle of the week—he came to me between six and seven o'clock in the evening while I was at tea at I Mr. Blackey's house—Ellen Ditch, the female servant, was there, but he did I not speak before her—he came and bad his tea, then we went out, and he I asked me—it is most likely she saw us talking—there was a window—the I trowsers I gave the prisoner were a check or a mixture of some sort, I could tell them if I saw them.

Q. But if you can't tell whether they were a check or a mixture, how I can you pretend to say you should know them again? A. They are a small I check mixture—I went right into the warehouse; it is adjoining the shop—there was no one there—I can't tell whether Mr. Blackey was at home I or not—I did not ask Ditch to save me from the prisoner—I talked to him I in a small yard about ten minutes—I then went through the kitchen into I the warehouse, brought out the trowsers, and gave them to him—Ditch was then up-stairs—I saw her go—I carried the trowsers through the kitchen openly in my hand—she might have come down.

MR. BODKIN. Q. The prisoner was in the habit of having his tea and his meals there? A. Yes; Ditch often saw us together.

JOSEPH ROPER . I have a pair of dark check trowsers pawned by Jones at my shop on 16th Feb.—this is the duplicate—it is in the name of Jacob Jones—I knew him very well.

JOHN SMITH (policeman, T 92). I took Jones—I told him it was for

pawning a pair of trowsers found at Mr. Roper's—he said he had pawned them there, and they were given him by Nunn to pawn.

JAMES BLACKEY re-examined. These trowsers formed a part of my stock.

Cross-examined. Q. How do you know them.? A. By the patterns, and I know where I bought the stuff; at Mr. Martin's in Houndsditch—he keeps about four or five cutters—I had it cut up into as many trowsers as it would make—I have none of my own work on them—I had a mark, but they took the ticket off—I missed a considerable number of trowsers from my shop and warehouse.

GEORGE NUNN re-examined. These are the trowsers I gave to Jones.

Cross-examined. Q. Do you swear you did not give a pair of trowsers to Mr. Turner to alter? A. Not unless it was a pair of Mr. Blackey's to alter—I gave him several things of his—I did not give Mrs. Turner a pair of trowsers to pawn when I was going to shut the shop up—she never came down at that late hour, only on Saturday nights.

(Jones received a good character.)

JONES— GUILTY . Aged 27. Confined One Year.

THIRD COURT.—Friday, April 13th, 1849.

PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. Ald. SALOMONS; MR. COMMON SERJEANT; and EDWARD BULLOCK, Esq.

Before Edward Bulloch, Esq., and the Third Jury.

Reference Number: t18490409-932

932. ELIZABETH WHITTAKER stealing 1 bar of soap, value 1s.3d.; the goods of John Archbutt; having been before convicted: to which she pleaded

GUILTY . Aged 35.— Confined Eight Months.

Reference Number: t18490409-933

933. MARY JOHNSON , stealing 2 towels, four handkerchiefs, and pair stockings, value 10s.; the goods of Daniel Clarke, her master: also 2 napkins, 1 table-cloth, and 1 handkerchief, 5s. 6d.; the goods of James Attenborough, her master: to which she pleaded

GUILTY . Aged 80.— Confined Six Month.

Reference Number: t18490409-934

934. JANE STRADWICK , stealing 2 dresses, and other articles, value 5 s .; the goods of Edwin Harrison, her master: to which she pleaded

GUILTY . Aged 19.— Confined Four Months.

Reference Number: t18490409-935

935. AMELIA MASON , stealing 1 petticoat, and other articles, value 17'.; the goods of John Lockhart Syms, her master: to which she pleaded

GUILTY . Aged 18.— Confined Three Months.

Reference Number: t18490409-936

936. WILLIAM WILLIAMS , stealing 8lbs. weight of pepper; the goods of the London Dock Company, from a dock, &c: to which he pleaded

GUILTY . Aged 26.— Confined Two Months.

Reference Number: t18490409-937

937. THOMAS FRANCIS , stealing 1 waistcoat, value 6s.; the goods of Charles Thompson and another; having been before convicted: to which he pleaded

GUILTY . Confined Twelve Months.

Reference Number: t18490409-938

938. JOHN ANDREW WEEKLY , stealing 1 handkerchief and 1 purse value 7s., and 1 half-sovereign and other money; the property of William Smith, from the person of Jane Smith; having been before convicted: to which he pleaded

GUILTY . Aped.17.— Confined Twelve Month.

Reference Number: t18490409-939

939. WILLIAM HENRY SEABROOK , embezzling 9l. 11s. 8d.: also of Timothy Sun, his master: to which he pleaded

GUILTY . Aged 29.—Recommended to mercy.— Confined Twelve Months.

Reference Number: t18490409-940

940. PATRICK LEARY , stealing 1 loaf, value Id.; the goods of William Harnor: to which he pleaded

GUILTY . Aged 24.— Confined Nine Days.

Reference Number: t18490409-941

941. HENRY MOORE , stealing 5 sovereigns; the moneys of John Hines, his master: to which he pleaded

GUILTY . Aped 28.— Confined Twelve Months.

Reference Number: t18490409-942

942. RICHARD LOADER , stealing a warrant for 650l.; the property of our Lady the Queen: to which he pleaded

GUILTY .— Transported for Seven Years.

Reference Number: t18490409-943

943. WILLIAM COX , stealing 1 umbrella, value 1s.; the goods of George Eggleton: having been before convicted.

GEORGE EGGLETON . I live at Great Stanmore. I went to a house then between four and five on 28th Feb., and left my umbrella outside on the step—I came out in five or ten minutes and it was gone—some one told me something, and I saw the prisoner running with the umbrella 500 or 600 yards off—I caught him about half a mile off—he said a man gave him leave to have it—this is it—(produced)—I gave him in charge.

CHARLES RAYNER (policeman). The prisoner was given in my charge—he said he took the umbrella.

Prisoner's Defence. I gave three men a pint of beer for it.

PHILIP STEVENS (policeman). I produce a certificate of the prisoner'i conviction—(read—Convicted Oct. 1844, confined three months)—I was present—he is the man. GUILTY . Aged 21.— Confined Three Months.

Reference Number: t18490409-944

944. WILLIAM SKELTON and DANIEL HURLEY , stealing 15lbs. weight of bacon, value 7s.; the goods of Ellen Ann Wright: Hurley having been before convicted

ELIZABETH HILSON . I live at Olive-court, Bow. On 27th Feb. I lived with Mrs. Wiggs, of Stepney—I was looking out of window with my mistress about half-past one, and saw the prisoners—Hurley asked Skelton for a halfpenny for some tobacco, and then went into a shop two doors off and came out with some bacon—Skelton walked on.

WILLIAM SMITH (policeman). On 27th Feb., about two o'clock, I saw Skelton, with a bundle under his arm, talking to some one—I asked what he had got—he said some bacon, and he gave 8s. for it—next morning I went to his house in Bethnal-green—Hurley came in, and asked what had become of Bill—I kept him—Hilson came in, and pointed him out from six others who were in the room.

THOMAS ROBERT WRIGHT . I assist Ellen Ann Wright, a grocer, of Edward-street, Stepney, two doors from Mrs. Wiggs. On 27th Feb., at seven o'clock, I missed some bacon—I had seen it safe at one—this is it (produced).

Skelton's Defence. I bought it and paid for it.

CHARLES FRASER . I produce a certificate of Hurley's conviction—(read—Convicted Aug. 1847, confined six months)—I was present—he is the person.

HURLEY— GUILTY . Aged 25.— Confined Twelve Months.

SKELTON— GUILTY , Aged 29.— Confined Four Months.

Reference Number: t18490409-945

945. JOHN RAIN, breaking and entering the dwelling-house of John North, and stealing 24 handkerchiefs, 3 shirts, and other articles, value 12l.; his goods: having been before convicted.

MR. PARNELL conducted the Prosecution.

WILLIAM SIBLEY . I am servant to John North, a surgeon, of Gloucester-place. On Thursday evening, 13th March, at a little before eight, I took the teathings into the parlour, and heard some one coming down from the first-floor, and saw two men run out of the house—one was of the prisoner's size—he had a dark frock-coat and dark whiskers—one had a bundle—I called, "Stop thief!" and laid hold of somebody, who turned out to be one of the witnesses, and fell down.

JANE THOMAS . I am in the service of Mr. Stone, of 42, Bryanston-street. I was opposite Mr. North's, and heard some one trying to open the door, as with a key—I stopped, and two men came out—the prisoner is one—he had a bag of linen under his arm—he dropped something on the top step—he tried to pick it up, but could not, as Sibley was close behind him—he ran up Gloucester-place towards Dorset-street.

Cross-examined by MR. PAYNE. Q. Is not there a gate in front of the steps.? A. No—I went to the station two days afterwards—the prisoner was told to stand up for me to look at him, and was brought under the light—I knew him by his hair and whiskers.

MR. PARNELL. Q. Was there gas Qver Mr. North's door.? A. Yes; I saw the prisoner's face twice at the door, and when he came down the steps—six or seven persons were present when I recognised him.

HENRY JORDAN . I live at 13, Brid port-street. I was in Gloucester-place and saw a man about the prisoner's size running in the direction of Montague-place with a bundle, which when "Stop thief!" was called he tried to throw over an area railing, but it dropped by the railing—he ran into Montague-place.

JOHN STEBBING . I am a printer. I was passing Mr. North's—Sibley ran out, laid hold of me and fell—I saw a man who I believe to be the prisoner with a bundle—I afterwards saw it picked up.

Cross-examined. Q. You did not see his face? A. No.

WILLIAM PRENTOR . I am a baker, of York-street. I heard a cry of "stop thief"—a person ran past me—I ran after him, and overtook him in Montague-mews—I held him five or six minutes—he said, Do not hold pie, it is only a lark"—and as eight or ten persons came and said they knew nothing against him, I let him go—I have not the slightest doubt of the prisoner being the man—I pointed out to the policeman the place where I held him—I saw a life-preserver and screw-driver found about ten yards from the place.

Cross-examined. Q. He did not attempt to get from you. A. No; I identified him on the next Sunday at the station.

JAMES LEWIS ASHMAN (police-sergeant, F 1). On 18th March I was in Drury-lane and saw the prisoner taken by sergeant Thompson—I followed a young man who was jn the prisoner's company to 13, Charles-street, Drury-lane, as I heard the prisoner ask him to go and let his old woman know; and I had seen the prisoner at that house several times in the first-floor

room—I found four females there, and the man that went before me-1 ound there this Jemmy, which takes in two, two keys, a wax-taper, and some lucifers.

JOSEPH THOMPSON (police-sergeant, F 11). I took the prisoner, and told him it was for being in a house in Gloucester-place—he said he had not been in Gloucester-place these four months, he was too ill, he could not do such a thing—he said to a young man with him, "Tell my old woman to bring me some tea and a blanket down, for I am afraid I shall be locked up"—I spoke to Ashman and be followed the man.

JONATHAN EDNEY (policeman, D 103). I went to Mr. North's and found a bundle containing eight shirts, twenty-four silk handkerchiefs, two waist-coats, and one coat—I received this screwdriver and life-preserver from policeman, D 241—here is the lock off Mr. North's door—this key (product by Ashman) fits it.

MARGARET REYNOLDS . I am servant to Mr. North. This bundle of clothes was brought to the house—they are my master's, and were in the wardrobe drawer in his dressing-room on the second-floor—the street-door was on the latch that night—there were no signs of its having been broken.

Cross-examined. Q. How do you know it was fastened? A. I saw it fast three minutes before.

GEORGE LISTER . I am servant to Col. Robinson, of 21 Montague-square, Prentor pointed out a place in the Mews to me where he held a man, and about twelve yards from there I found this life-preserver and screwdriver.

Cross-examined. Q. It was not till next day.? A. About half-past six in the morning, it had not long been light.

GEORGE BOARDMAN (policeman, E 10). I produce a certificate—(read-John Smith, convicted Feb. 1843, transported seven years)—I was present-the prisoner is the person.

Cross-examined. Q. He behaved very well? A. I suppose, so as he returned in three years and a half.

GUILTY .** Aged 26.— Transported for Ten Years.

Before Mr. Common Serjeant.

Reference Number: t18490409-946

946. CHARLES LEWIS and ELIZABETH DORSET , stealing 60lbs. of fat, value 16s.; the goods of Henry Thomas Woods.

HENRY THOMAS WOODS . I live at 10, Clare-street, Clare-market. The prisoner Lewis was my foreman in the slaughter-house—he had no authority to take any fat from the slaughter-house—in consequence of information I gave the police directions to watch the premises—the butchers in the neighbourhood send beasts to my slaughter-house to be killed, and the prisoner would have an opportunity of secreting the fat till he had an opportunity of passing it away, and from the quantity of beasts killed there I should not miss it—I went to the station and examined some fat which I am sure had been killed the same day, and it was in large pieces—Lewis lived at the corner of the gateway leading to the slaughter-house.

Cross-examined by MR. PARNELL. Q. A great many butchers use your slaughter-house? A. Yes; I do not know Mr. Rose—no one that I do not know has a right to use my place—they pay so much a head for killing the beasts—people whose names I do not know, do not come and pay—Lewis has been in my service nearly two years—eight oxen were slaughtered on this day—four belonged to Mr. Price, and two to Mr. Thomas; none of them were mine—Lewis and two other men slaughtered them—they are paid by me, not by the person who sends the beasts—if they take care not to cut the hides, the

person who buys the hides gives them a sixpence—none of those parties are here who employed him that day—I did not see the beasts killed; I saw them after they were killed—I could not see any signs of any fat being cut away—the fat found was the loose fat, and it would not show if it was taken away.

CHARLES PERRY (policeman, 127). In consequence of information, I went to Lewis' lodgings—he said they were his lodgings, and in the back-room I found a quantity of fat in two cloths, in a basket under the bed—he said he did not know how it came there—I had said nothing before that—I produced that fat to Mr. Woods—as I was watching the house on 5th April, I saw Dorset come out with a basket—I followed her into Holborn—she bailed an omnibus, and I stepped up to her, and asked her what she had got—she said, "A bundle"—I asked her to let me look—she said I need not; it was fat she was going to take to her brother, in Newgate-market; if Itook her to the station—the fat appeared quite fresh and warm.

Cross-examined. Q. Is this a lodging-house.? A. There are other people living there—I think they are not employed by the prosecutor, I do not know—there might be four people in the house—this was the only room I went into—it was bullock's fat.

COURT. Q. Did you ask Lewis whose room it was before you went in.? A. Yes he said it was his, and everything there was his property, until he came to the fat, and he said he knew nothing about that—the fat I found in his room corresponded with that found on Dorset.

MR. PARNELL called

CHARLES FORCEBURY . In the beginning of April I worked for Mr. Rose, in the Old Kent-road—he is a butcher, and kills beasts for different persons—I used to dress his beasts. On Wednesday evening, 4th April, I had 7 stone 4lbs. of fat from him—he said I might have it, as he had no money to pay me—Dorset is my sister-in-law—I took the fat to her house, borrowed some money on it, and told her she might sell it—this piece of paper (produced) is Mr. Rose's writing—he gave it to me on the Wednesday evening, when be gave me the fat—I took it the same evening to Dorset, to her house in Sheffield-street—I saw her there—five of the beasts, whose fat it was, were killed on the Friday before Good Friday, and three on the Wednesday.

COURT to CHARLES PERRY. Q. I understood you that it was on Thursday you found the fat.? A. Yes, Thursday evening, in Sheffield-street, where Lewis lives—the house is at the corner of the gateway, by the slaughter-house—when I took the prisoners, neither of them said they got the fat from Force—bury—Dorset said she brought it from her brother—she first said she had got a bundle—I believe she lives with Lewis, I saw them in the same room in the morning.

COURT to CHARLES FORCEBURY. Q. How much fat did you take to your sister? A. There is the bill, 7 stone 4lbs.—I swear this is Mr. Rose's writing, he wrote it at the time—he is a butcher, and lives in the Kent-road, opposite the Deaf and Dumb-Asylum.

MR. PARNELL. Q. Was he here yesterday? A. Yes, he was obliged to go into the country to-day.

NOT GUILTY .

Reference Number: t18490409-947

947. ELIZABETH HAMMOND and JAMES HAMMOND , stealing 2 1/2 lbs. weight of butter, 5lbs. of bread, 1 1/2 lb. of beef, and I napkin, value 5s.; the goods of James Sutton, the master of Elizabeth Hammond.

WILLIAM YOUNG . I am butler to Mr. James Sutton, of 17, Cavendish-road—the female prisoner was his nursery-maid—this cloth (produced) is his

property—I believe James Hammond is Elizabeth's sister; he was at supper, and left our house on 23d March, about half-past nine—the house-keeper was gone to bed, I was at the supper table.

Cross-examined by MR. PARNELL. Q. Did you sup with them.? A. Yes—I made noresistance—Mr. Sutton was very unwilling to prosecute them-the female had been about there four months.

SAMUEL HOCKADAY (policeman, S 15). I saw the prisoner James come out about half-past nine o'clock—I stopped him in Hyde-street, and found on him a bundle, containing a quantity of bread, butter, and meat, and this towel—I asked what he had got—he said broken food—I asked if he would allow me to see it, and he did so readily—I asked where he got it—he said from a woman in the Wellington-road—I said it would be necessary to show me where she lived—he said he did not know; that she came out into the road, and said, "Here, my lad, here is something for you"—I took him to the station, and went next morning to Mr. Sutton's—I saw the female prisoner, and asked her if she had seen her brother the preceding evening—she said she had—I asked if she had given him anything—she said "A parcel"—I asked if anything was in it—she said, "Bread, butter, and meat"—I asked "What was it wrapped in?"—she said, "A towel"—I asked whose towel—he said her master's—I asked if anybody had given her authority to give the towel away—she said, "No."

Cross-examined. Q. Was it not old butter? A. No; it had not been used at all; it was in about half-a-dozen pieces—there was not a whole loaf—James Hammond did not tell me he was out of work, and wanted something to eat, and his sister gave him some broken victuals—she told me so, but his father said he was in work, in Tottenham-court-road—I did not urge Mr. Sutton about this—I did not see him till they were committed—I understood from Elizabeth that the victuals were given, not the napkin.

Elizabeth Hammond received a good character, and a person offered to take her into his service.

NOT GUILTY .

Reference Number: t18490409-948

948. JAMES COLE , stealing 11b. 15 ozs. of tea, value 7s. 6d.; the goods of the London Dock Company, his masters.

MR. PARNELL conducted the Prosecution.

GEORGE DIX . I am a constable, in the employ of the London Dock Company. In consequence of information, I went on 27th March to the West Quay, and examined a room where the men often leave their clothes—I saw a small box secreted, containing two or three ounces of green tea—I searched further, and found a handkerchief containing a similar quantity, at the back of the warehouse—there is a warehouse which had been lately under repair, and the doors of which are not yet put up; it was full of bales of cotton—I went into a corner, and there saw a bit of writing-paper—I did not remove it, but searched among the bales, and saw two pieces of rag stuck in—I examined further, and found this handkerchief containing 11b. 15 ozs. of tea—I put the rags back as I found them, returned to the warehouse, and hid myself where I could command a view of the bales—at about half-past seven o'clock, the prisoner came, rushed into the place past me, went direct to where the tea was, looked right and left, pulled out the pieces of rag, put his hand in, pulled out the bag with the tea, and bolted out past me so quickly that I could not catch him—I caught him about ten yards off, asked what business he had there, and what he had about him—he said he had got his lunch—I then caught hold of his hat, and said, "What is this.?"—he appeared stagnated—found 11b. 15 ozs. of gunpowder tea in his hat, and his luncheon in his hand.

Prisoner. Q. You swear you saw the tea between the bales? A. Yes; I believe you had your lunch in your right-hand—it was not in your hand when you put it into the hole; I called, "Hoy!" to you, and you turned round; I was six feet from you; I paralyzed you as if I had dropped from the clouds; after I pulled your hat off you said you had got tea, which you had found, and which you were going to take to the warehouse-keeper.

COURT. Q. He bad no business there at that time.? A. No; it is customary for all extra-labourers to be called by the foreman, and they receive a tin ticket; they then come to me and deliver the ticket, and are then admitted into the Dock to do their work; he could not come without one; he had brought me no pass as an extra-labourer; there were none that morning.

Prisoner. Q. Are you not aware that all labourers have access to any building for the purpose of placing their clothes and lunch in.? A. No one is allowed to go to the tea-warehouse; I never heard of you and others finding tea there and taking it to the warehouse-keeper.

Prisoner's Defence. I had lost my lunch on the Monday, and found this place to secrete it; I went for it, and found something soft; I was going to work in about two minutes, and should have taken it direct to the warehouse-keeper or foreman, whoever I saw first.

GUILTY . Aged 35.— Confined Four Months.

Reference Number: t18490409-949

949. THOMAS MURPHY and JOHN MASON , stealing 1 handkerchief, value 5s.; the goods of George Bashforth, from his person.

GEORGE BASHFORTH . I live at 9, Leman-street. About three o'clock, on 26th March, I was looking at some soldiers—I had my handkerchief safe before that—I missed it when Kingston touched me—this is it (produced).

JOHN KINGSTON . I am a broker's assistant—I was looking at the soldiers on 26th March, about three o'clock, and saw the prisoners standing by Bashforth—Murphy had his right-hand under the coat-tail, and his left-hand working into Bash forth's pocket, and he was looking up at the clouds—Mason was leaning with his right arm on Murphy's shoulder, and saying, "Look at that corporal with that sash on"—Murphy said, "Yes; I see him," and got out Mr. Bashforth's handkerchief—I said, "My lad, you want your nose blowing, where is your handkerchief?"—he said, "I have not got one"—I said, "Have you not, where is the one you took from that gentleman's pocket?" and I took it from his hand—he said be would punch my b----y head.

Murphy. Q. Did not you take it out? A. No.

WILLIAM Ross (policeman, H 180). I took the prisoners from Kingston—they did not charge him with stealing the handkerchief.

Murphy's Defence. I was looking at the soldiers, and the gentleman caught hold of me, and said I took the handkerchief.

MURPHY— GUILTY .* Aged 12.— Confined One Month, and twice whipped

MASON— GUILTY . Aged 14.— Confined One Month.

Reference Number: t18490409-950

950. GEORGE BURNHAM was indicted for embezzlement.

RICHARD RUSSELL . I am a chair-maker, at 82, Chiswell-street. The prisoner was in my employ—it was his duty to receive money for me—if he received 1l. 10s. from Mr. Isaac, he has not paid it me—he ought to have done so on Saturday evening, 17th March.

HENRY FRIEBERG ISAAC I paid the prisoner 1l. 10s. on 17th March for Mr. Russell.

Prisoner's Defence. I offered to pay Mr. Russell 2s. 6d. a week; I lost the money out of my pocket.

MR. RUSSELL re-examined. He did not tell me he bad lost it till after he was charged—he never came back.

GUILTY . Aged 19.— Confined Five Days.

Reference Number: t18490409-951

951. CHARLES WOODMAN , stealing two pairs of boots, value 13s. 6d.; the goods of William Mensley, his master.

WILLIAM MENSLEY . I am a boot and shoemaker, of 8, Seymour-place, Camden-town. The prisoner was my journeyman—I missed a quantity of boots and shoes from the shop, and sent an officer after the prisoner—I told him I had found he had been taking some boots and shoes—he said he was very sorry, he hoped I would not punish him—these boots and shoes produced are mine, and were lost from the shop.

Prisoner. Your son gave them to me. Witness. My son was concerned in it, and the Grand Jury ignored the bill against him.

GEORGE SETTERTHWAITE . I live at 59, Ferdinand-street, Hampitead road. I worked for Mr. Mensley with the prisoner—on a Sunday four weeks before the prisoner was taken up I bought one of these pairs of boots of him for 3s.; I also bought this duplicate of him (produced) for Is.—it is for a pair of men's boots pawned for 35.

SAMUEL HOCKADAY (policeman, S 15). I went to the prisoner, told him his master had made a complaint against him, and he must go with me to his master's house—he said he was very sorry, what he had done he had done to oblige his master's son William.

JOHN MENSLEY . I am a son of the prosecutor. I have seen these boots—I am sure they are my father's—we lost them—they are the produce of the duplicate—I am sure he could not suppose that my brother had any authority to tell him to pledge them—my brother is weak-minded.

Prisoner's Defence. They were given me by the son to pledge, and about a month or six weeks after the tickets were given me, and I got the shoes out, and disposed of them.

GUILTY . Aged 24.—Recommended to mercy by the Prosecutor,— Confined Three Months.

(There were two other indictments against the prisoner.)

NEW COURT.—Saturday, April 14th, 1849.

PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. Ald. WILLIAM HUNTER Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Fifth Jury.

Reference Number: t18490409-952

952. PHILLIS ANDREWS , stealing 2 sheets and other articles, value 105.; the goods of Joseph Smee, her master: to which she pleaded

GUILTY . Aged 32.— Confined Three Months.

Reference Number: t18490409-953

953. WILLIAM EMELETON , stealing 2 sheets and other articles, value 12s. 9d.; the goods of William Dormer: having been before convicted.

WILLIAM DORMER . I keep a coffee-shop, and let lodgings. On 25th Feb. the prisoner came for a bed; he desired to have a clean one—he hid one for a shilling—I went up into the room with him—he came down about nine o'clock in the morning, and said, "I shall want the bed again to-night—he went out, and my wife went up into the room, and the articles stated

were all missing—no one else had been there who could have taken them—they were all safe the night before.

GUILTY . Aged 25.— Transported for Seven Years. (There were four other indictments against the prisoner.)

Reference Number: t18490409-954

954. ANN MAHON , stealing 17 yards of ribbon, value 12s.; the goods of Charles Meeking and others.

GEORGE HOBSON BLOWERS . I am assistant to Charles Meeking and others, of Holborn. On 2d April the prisoner came between five and six o'clock in the evening—I watched her, and saw she had something in her apron, which appeared to be ribbon—I said, "What have you there.?"—she said, "Nothing"—I said, "Yes, you have"—I put my hand into her apron, and took this piece of ribbon out—it is my employers'.

Prisoner. I never had the ribbon, nor saw it; he took it off the counter, not out of my apron. Witness. She had left the counter, and was going—this ribbon was in her apron—she had several parcels.

----ELSDEN. I am employed in Mr. Meeking's shop. I saw the prisoner take a piece of ribbon from the ribbon-drawer, and secrete it in her apron. GUILTY . Aged 37.— Confined Nine Months.

Reference Number: t18490409-955

955. EDWARD WILLIAMS , stealing 1 accordion, value 2l.; the goods of Samuel Andrews: having been before convicted.

JANE ANDREWS . I am the wife of Samuel Andrews, who lives in Houghton-street, Clare-market. On the afternoon of 8th Sept I was in the parlour—the prisoner came into the shop and took an accordion from the mantelpiece, and went away—it has not been found.

Cross-examined by MR. HORRY. Q. I believe you knew him as a customer? A. Yes, he entered the shop, took up the accordion, and ran out.

FREDERICK ALLINSON . I saw the prisoner come into the shop on 8th Sept., and take up the accordion—he was told to put it down, and he would not; he said he would go and pawn it—he was not drunk that I know of—he went out at a very quick pace.

Cross-examined. Q. How long had he been in the shop? A. Five minutes—he came to be shaved—there was not a good deal of talking about the accordion—nothing was said about pawning it, or what the value of it was—I told him to put it down, and he would not

WILLIAM WEST (police-sergeant, Fl). I took the prisoner about six months afterwards—I could not find him before, though I knew where he used to frequent—when I found him I told him I wanted him—he said, "What for?"—I said, "For stealing an accordion"—he said, "That is all right, I have settled that"—in going to the station, he called a man, and told him to go to the barber's shop in Houghton-street—I took the prisoner to the station—I went to the barber's shop, and saw the man that he sent, speaking to the barber—I produce a certificate of the prisoner's former conviction—(read—Convicted June, 1847, and confined three months)—he is the man.

GUILTY .** Aged 24.— Transported for Seven Years.

Reference Number: t18490409-956

956. JOHN NICHOLSON, stealing 41 yards of cloth, value 10l. 15s.; the goods of the Great Western Railway Company, his masters: to which he pleaded

GUILTY . Aged 25.— Confined Twelve Months.

Reference Number: t18490409-957

957. MARY WALSH , stealing 2oz. weight of tea, value 6d.; 3 shillings, 65 pence, 146 halfpence, and 12 farthings; the property of Thomas Clay, her master.

MR. RYLAND conducted the Prosecution:

THOMAS CLAY . I keep an eating-house in Brick-lane, Spitalfields. The prisoner came into my service on 21st Dec—she had lived with me before—she said she should want some money in advance in about a month—on Thursday evening, 8th March, I left my shop—my mother and the prisoner were there—I was absent about five minutes—when I returned I saw the prisoner at the till, either locking or unlocking it—the key of the till was kept hanging up on the opposite side of the bar—it was left there when I went out of the shop—I said, "What are you doing with the till?"—she said, "Do you think I am robbing you?"—I said, "I think you are"—I saw her go from the till, and she was hanging up the key—I did not say any more to her that evening, but on the Saturday morning I made application to Teakle, the officer—he came to my house, searched the prisoner's box, and found in it eleven packages of copper money, and 3s. in silver, and some tea—here are two pence and one halfpenny, which I identified when the officer untied them, which I know—she had never asked me to advance her money—I gave her in charge, and the officer took possession of the money.

Cross-examined by MR. CHARNOCK. Q. She had been in your service before? A. Yes, for twelve months—she had left me about six months, and then came back—she had been ten weeks and three days in my service this time—she was servant of all work—these coppers were tied up as they are now, when they were found in her box—the whole of the copper amounts to 1l. 0s. 1d., and these 3s. in silver—the prisoner did not attend on my customers—she was merely servant of all work—we take a great quantity of halfpence in a day—all persons in our trade take halfpence—the prisoner was taking the key from the till when I came in, and hanging it on the nail—these are the two pence and one halfpenny that I know—the penny-pieces hare holes in them, one in the centre, and the other in the side—this halfpenny is battered—I recollect taking them, I cannot tell on what day, or whom I took them of—I can swear that these were in my possession—I had taken them about eight or ten days.

GEORGE TEAKLE (police-sergeant, H 8). On 10th March I was sent for to Mr. Clay's—I told the prisoner I belonged to the police, and before she said anything I was bound to caution her—I then asked if she would permit me to search her boxes—she said, "Why do you want to search? I am no thief"—we then went up stairs, and before she opened the boxes I asked if she had got any money—she said, "Yes"—I asked how much—she said, about 1l. 3s., and she had had it from her brother, in Mile-end-road—I opened her box, and found all these packages of copper in the state I now produce them, and three shillings—these are the penny-pieces and halfpenny which Mr. Clay claimed—I took the prisoner to the station—in going along I asked if she wished her brother in Mile-end-road to know of her situation—she said, yes, and no one else—she then said, "I will tell you what made me take it; the last servant that was here had 7l. a year, and I had only 6l.; that induced me to take it. GUILTY . Aged 20.— Confined Four Months.

Reference Number: t18490409-958

958. JAMES RYAN , stealing 1 handkerchief, value 1s.; the goods of Augustus Henry M'Donald Moreton, from his person: having been before convicted.

AUGUSTUS HENRY M'DOKALD MORETON . I live in Baker-street, Portman-square—I was walking on Vauxhall-bridge on 5th March—a person touched me, and I found my handkerchief was gone—I had it safe ten minutes before.

JACOB Cox. I live in Vauxhall-road—I was looking out at my gate, and

saw Mr. Moreton on the bridge—I saw the prisoner and another young chap with him—I saw the prisoner walk behind Mr. Moreton and take the band-kerchief from his pocket, and put it under his waistcoat—he ran away—I am sure he is the man—I had not known him before, but I saw him a good bit before he came to the bridge.

Prisoner. Q. Why did not you come and catch hold of me. A. I had to go round out of my back door, my house being repairing, and by that time you got away—I kept my eyes on you till I went out, and then you were gone—I told Mr. Moreton, and we ran after you.

JAMES BUCHANAN (policeman, A 280). I produce a certificate of the prisoner's former conviction—(read—Convicted March, 1847, confined six months)—the prisoner is the person.

GUILTY . Aged 20.— Confined One Year.

Reference Number: t18490409-959

959. HENRY BARNETT , stealing two handkerchiefs and 1 coat, value 4l. 12s.; the goods of John Thomas White.

MARTHA SIBERY . I live with Mr. John Thomas White in Bedford-row. On 19th Jan. the prisoner came with a note about half-past six o'clock in the evening—I took the note up stairs to Mr. White—when I came down the prisoner was still there—the note was given him back—soon afterwards a coat was missed—I had not seen it since nine o'clock in the morning.

NOT GUILTY .

Reference Number: t18490409-960

960. HENRY BARNETT was again indicted for stealing 2 umbrellas, value 10s.; the goods of Edward Alfred Foley.

CLARA BAKER . I am servant to Mr. Edward Alfred Foley, of Devonshire-place. About nine o'clock in the evening, on 23d March, the prisoner came with a letter, which I took to "my master—when I came down, the prisoner was gone, and I missed two umbrellas, which I had seen safe about half-past eight—no one had come after I saw them safe.

Prisoner. I know nothing about it—I was in Kent. Witness. I missed the umbrellas directly he was gone—I am certain he is the person.

GUILTY . Aged 24.— Confined Four Months.

Reference Number: t18490409-961

961. MARY ANN WHITE, stealing 1 sovereign and 1 half-sovereign, the money of Jane Palmer: having been before convicted.

JANE PALMER . I live in St. Pancras. On 3d March I went into the Lord Somers public-house to get 2l. worth of silver changed for gold—I put the silver partly on the bar and partly in the barman's hand—he told me he could not give me the full amount, but only a sovereign and a half—I put the four half-crowns in my purse, and omitted to take up the gold which he had put down—I turned to go out, and two women came in—the one was a short stout woman, the other was the prisoner—the other pushed very much against me, and the prisoner said "Mind the lady"—that caused me to notice her—I went away about five steps, and then recollected that I had not taken up the gold—I went back and said I had not taken it—I then missed it, and the prisoner was gone—I said "Where is the tall woman?"—they said she had put down a penny and gone out for a loaf—the stout woman was still there—she tried to get away, but I insisted on her accompanying me to the station-house, and by the description of the prisoner she was known—the prisoner was taken afterwards—she refused to tell her name.

JAMES CRISP . I am barman at the public-house—Palmer came with change for this sovereign and a half—I put them on the bar—the prisoner and another woman came in—no other persons had been in—no one could

have taken the money but one of these two women—the prisoner called for some beer, but did not drink it—she went ont in a hurry—the other woman did not go away.

WILLIAM HARRINGTON (policeman, S 51). I took the prisoner into custody—she said, "I have not so much sense as I should have," and she put her hand to her mouth—I heard something jink—I took her by the throat, and this sovereign came out of her mouth—she said, "She was a d----d fool for leaving the money there, and I should have been a d—d fool if I had not taken it up while I was starving."

Prisoner's Defence. I was perishing for want; I have been subject to fits through a fright; I said I should go to the workhouse the day I was taken; I had some bits of bread, and I went to get a drop of beer for the poor creature that I met; I took the money up, but did not go far away; my affliction was so great I was afraid to run away; I was in the greatest distress, or I might have been in a good family as upper housemaid.

JOHN SINGER (policeman, Q. 239). I produce a certificate of the prisoner's former conviction—(read—convicted Sept., 1848; confined three months)—she is the person.

GUILTY . Aged 32.— Confined Six Months.

THIRD COURT.—Saturday, April 14th, 1849.

PRESENT—Mr. Ald. WILLIAM HUNTER; Ald. SALOMONS; Mr. Ald. CARDEN; and EDWARD BULLOCK, Esq.

Before Edward Bullock, Esq. and the First Jury.

Reference Number: t18490409-962

962. JAMES KEER , unlawfully obtaining 1s. &8d.; the moneys of John Tucher, by false pretences: to which he pleaded

GUILTY . Aged 20.— Confined Four Months.

Reference Number: t18490409-963

963. ELIZA PARKER , stealing 1 shawl, value 2l.; the goods of Elisabeth Parker; having been before convicted: to which she pleaded

GUILTY .— Confined Twelve Months.

Reference Number: t18490409-964

964. EDWARD WELLS and CHARLES DANSEY , stealing 6 neckties, value 15s.; the goods of the Great Western Railway Company: to which they pleaded GUILTY , and received good characters. Confined Twelve Months.

Reference Number: t18490409-965

965. CHARLES WILSON , stealing 20 yards of canvass, value 5s.; the goods of James Tibbett Hall and another; having been before convicted to which he pleaded

GUILTY .* Aged 26.— Transported for Seven Years.

Reference Number: t18490409-966

966. CHARLES NORMAN , stealing 3lbs. weight of pork, and 3lbs. of beef, value 3s.; the goods of Alonzb George Attwell, his master: to which he pleaded

GUILTY . Recommended to mercy by the Prosecutor. Aged 23— Confined Four Months.

Reference Number: t18490409-967

967. WILLIAM HUNT , stealing 1 jacket, 1 waistcoat, 1 pair of trowsers, and other articles, value 2l. 11s.; the goods of James Gaffney, in a port, &c.: to which he pleaded

GUILTY .— Confined Three Months.

Reference Number: t18490409-968

968. WILLIAM RUSSELL, alias Alfred Gear , stealing 1 handkerchief, value 4s. 6d.; the goods of Henry Hird Foster, from his person: to which he pleaded

GUILTY .— Confined Six Months.

Reference Number: t18490409-969

969. LEONORA ISAACS , stealing 1 spoon, value 3s.; the goods of William Henry Leftwich; having been before convicted: to which she pleaded

GUILTY . Aged 27.— Confined Twelve Months.

Reference Number: t18490409-970

970. CHARLES BURLAND and WILLIAM WOOLFORD , stealing 1 cask, value 7s. 6d.; the goods of Robert Brooks; and 3 casks, 1l. 2s. 6d.; the goods of the London Dock Company, from a dock adjoining the River Thames.

MESSRS. BALLANTINE and PARNELL conducted the Prosecution,

JOSEPH CROSS . I am gatekeeper at the London Docks. On Tuesday afternoon, 27th March, between two and three o'clock, Burland came to the gate with a truck, containing four empty casks—he presented this pass to me (produced)—no person with empty casks is allowed to pass without one—I gave the pass to Mr. Clements in Sayre's presence, and gave Burland into custody.

Cross-examined by MR. PAYNE Q. This pass is the kind of thing that would be given? A. Yes—Burland is about twenty years old, and the younger of the two.

JOHN SAYRE . I am a constable of the London Docks. Between three and four o'clock on this afternoon I went with Burland to the barque Pearl; she was then hauling out of the dock, about to start on a voyage—I asked the mate, Parker, in the prisoner's presence, if the pass was his writing—he said no, his name was not Smith, but Parker—I asked if he had delivered any casks to the prisoner in the course of the day—he said, "No"—I asked if he knew Burland—he said, "No"—I asked him if there was any one on board named Smith—he said, "No"—on the next Saturday I accompanied Egerton to a house in Grove's-alley, Wellclose-square—I saw Woolford in Egerton's custody—I asked him his name, told him what I was, and asked him if he was in the London Dock on Monday—(that was with reference to another matter)—he said, "No"—I said, "Were you there on Tuesday?""—he said, "No"—I said, "Were you not on the jetty?"—he said, "No"—I said, "Did you not load some casks?"—he said, "No"—I said, "I take you in custody on the charge of stealing four casks"—he had been interdicted for some time from coming into the Docks.

Cross-examined. Q. When you took Burland to the ship, did he seem to know anything about the mate? A. As we went down to the ship he said another man employed him.

SAMUEL EGERTON (policeman, H 193). On Tuesday afternoon, 27th March, I was in the London Docks, and a little before three o'clock saw both the prisoners together at the bottom of the jetty, looking amongst some empty casks—I saw them again a little while after against the new ware-houses in the roadway leading to the jetty, with a truck with two casks in it—Burland had hold of the truck—Woolford then put two more casks on the truck, Burland drew it along, and Woolford pushed behind—as they went along one cask fell off, Woolford picked it up and put it on again—they went in the direction of the principal entrance, where Cross was—I saw the same casks next morning in Sayre's charge—I do not know where the Pearl was lying—the William Wilson was lying alongside the jetty, where I first saw the prisoners—on the following Saturday I went with Sayre to Grove's-alley, Wellclose-square, and inquired for the prisoner Woolford—I was told he was at home—I said I wanted to engage him for a job, they then came down and told me he was not at home—we went away from the door, went back again, and I said, "Woolford is at home"—a female said, "He is not, he has been out a

quarter of an hour"—I saw some one pass down a dark passage in the bone, I followed, and found Woolford behind the water-closet door, at the end of the passage: I took him to the station—on the way to the police-court he asked me where I got my information—I told him I could not answer that—he said, "I suppose it was Burland told you that"—I had not mentioned Burland's name—he said he knew no more than that Burland asked him to assist him, and he was to give him 1s. for the job—I said it was general for prisoners to tell of one another.

Cross-examined. Q. It was not the fact that Burland told you? A. No—it was not Reed—I went from having seen him with the casks.

FRANCIS REED . I am an officer of the Customs—I was on duty at the gate with Cross when he was speaking to Burland, and saw Woolford standing on the pathway, eight or ten feet from me—when Cross began to question Burland, and detained him, Woolford made his way through the lobby.

Cross-examined. Q. Is not Woolford an older man than Burland? A. Yes—I do not know that Burland is a wine-cooper; I have known him about the Docks, sometime, buying bottles.

EDWARD HOWELL . I am apprenticed to the owner of the Wilson—she was lying at the jetty—some empty casks belonging to the ship were lying at the end of the jetty—I have seen some casks since, one of them belongs to our ship—Robert Brooks is the owner.

CHARLES BARRENGER . I am in the service of the London Dock Company—I have seen a brandy hogshead—I had seen it safe at the far end of the jetty, which is part of the London Dock.

BURLAND— NOT GUILTY .

WOOLFORD— GUILTY . Aged 27.— Confined Six Months.

Reference Number: t18490409-971

971. ELIZABETH BRUCE , stealing 1 pair of stockings, 1 1/2 yard mouslinede-laine, 6 yards of ribbon, and 1 victorine, value 10s. 6d.; the goods of Moses Solomons, her master.

JOSEPH SOLOMONS . I am a general merchant, and live with my father, Moses Solomons, I am not in partnership with him—the prisoner was in his service—about nine o'clock at night, on 10th April, I saw the prisoner come out of our house; a man came up to her, and they walked away together—I followed them as far as Church-street, Bethnal-green—when I came close to her, I observed she was wearing a victorine, which was my father's property—I stopped her, and gave her into custody—I know the victorine by a mark in the back—she had no business to take it; she could not have purchased it

JOHN THOMPSON (policeman, K 395). I took the prisoner into custody—she had this victorine on (produced).

JANE BELTON . I am the wife of Edward Belton, a policeman. I search females at the Arbour-square station—the prisoner was brought there—I searched her, and found in her pocket this pair of cotton-stockings (produced), with "Esther Solomons" on them, 6 yards of sarsenet-ribbon, and 1 1/2 yard mousline-de-laine—she said she bought the muslin that night to make ta apron of; the ribbon she had given her, and the stockings she took to put on while she mended her own—she was wearing the victorine; the other things were all in her pocket.

ESTHER SOLOMONS . I am the wife of Moses Solomons—these stockings are mine, and were in my drawers before I lost them—this piece of muslin is mine; I have the fellow-piece to it.

Prisoner's Defence. I merely took the victorine to go out on an errand, and the stockings I took while I mended the others.

GUILTY . Aged 18.— Confined Four Months.

Reference Number: t18490409-972

972. EDWARD HARDY , feloniously forging and uttering an order for the payment of 105l., with intent to defraud Joseph Pulley, and another; and WILLIAM MANSELL , as an accessary after the fact.

MR. PAYNE conducted the Prosecution,

JOSEPH PULLEY, JUN . I am a stockjobber, in partnership with Mr. Strutfield, in Capel-court. The prisoner Hardy was my clerk four or five months—on 23d March I signed this cheque for 10l.—I left it on my desk—I wrote the original 10l. in figures—I did not fill up the middle or any other part—I only put the figures "10," and signed it—in the course of business, Hardy would have to get it changed at the bankers—I have seen him write several times—I believe the body of the cheque, the filling up to be his writing—I did not authorise it being filled up for 105l.—his brother was also in my service.

Cross-examined by MR. PARNELL. Q. How old is Edward Hardy? A. About seventeen; his brother has been with me a long time—I have known his family a great many years—I never saw Mansell before—Hardy has had many opportunities of behaving ill before, if he had been inclined to do so—he has been in the habit of fetching large sums of money from the bankers, and brought them properly—there was occasionally a great quantity of money going through his hands—I was unwilling to press the charge on account of the opinion I have of his family, I would take him back again if he was liberated; it being his first offence, and he seemed to admit his guilt, and if he had an opportunity of behaving himself well again, he would do it.

Cross-examined by MR. ROBINSON. Q. What time did you leave the cheque? A. A little before eleven o'clock—it is not my custom to leave cheques in the way; I may have done so before—I did not ask for the produce of the cheque till four; Hardy was not there then.

COURT. Q. Who did you intend to fill up the body of the cheque? A. I believe I pointed it out to Hardy or his brother to do so.

JAMES ELLICOMBE . I am a constable of the Exeter police. On Tuesday, 3d April, about half-past two o'clock, I saw the prisoners at the Red Cow coffee-house, at Exeter—I was not in search of Hardy, but he answered the description of a person I was looking for—there was a chest in the room—I asked them if they were brothers—Mansell said, "Yes"—I asked if that was their chest—Mansell said, "Yes"—I asked if he would allow me to look at it; he consented, but asked if I would allow them to take it up stairs—I did so, and they took it up together into a bed-room—they put down the box-Mansell took a pistol from his side, put it to his mouth, and Said, "Good-bye, Harry,"—I grasped him, and threw him on the bed, and he dropped another pistol—I examined the pistol he put into his mouth; it was loaded with powder and ball, but there was no cap on it; the other was in the same state—I searched Mansell, and found in his trowsers-pocket a canvass bag containing 114 sovereigns, and in one waisteoat-pocket, one sovereign, and in the other, 22s., 2 1/2 d. in copper, a knife, and some percussion caps, loose—on Hardy I found 6d. and a knife; I took the prisoners to the station.

Cross-examined by MR. PARNELL. Q. Does Hardy answer the description of the boy you were looking for? A. Yes; it was not him; it was a boy for setting fire to a place at Exeter, and he happened to be like that boy—I knew nothing about this robbery—Hardy said nothing.

Cross-examined by MR. ROBINSON. Q. You told Mansell you were an officer? A. No; the coffee woman said I was an officer in disguise—we generally wear plain clothes when looking after anybody.

DAVID STEEL . I am superintendent of the Exeter police. On the afternoon

of 3d April, the prisoners were brought to the station by Ellicombe who stated he had found a large quantity of gold in the possession of one of then, of which they gave no satisfactory account—I turned round, and said, "You hear the charge, you roust be detained;" the box had then been brought—I asked Mansell his name, he pointed to the box—I said, "I see the name, 'Henry Felt,' is on the box; is that your name?"—he said "Yes"—Hardy gave his name "Edward Hardy"—after that Mansell asked for some writing-paper, I gave him a sheet, and he wrote on it—I had said nothing to him before except about his name—I did not say he had better tell me all-about it—this is what he wrote—(read—"William Mansell, 37, Bridport-place, New North-road, lately living at Barnet—the money was taken by the younger prisoner, from Messrs. Pulley and Company, Capel-court, London, and we were going to emigrate, William Mansell")—that was written at two different times; he wrote the name first, then returned immediately after, and wrote the rest—I showed it to Hardy, who was close to me; after looking at it, he returned it to me, and said, "That is correct."

Cross-examined by MR. PARNELL. Q. From the very first Hardy gave you his right name? A. No—he would not till after Mansell had given hit name "Mansell," and not" Felt."

Cross-examined by MR. ROBINSON. Q. Do you mean to swear you put the name of "Felt" to him? A. Yes; I said, "I see the name 'Henry Felt' is on the box, is that your name?"—I swear I did not say," Is that your name on the box?"—I mentioned the name "Felt."

JOSEPH DINES MINSON . I am clerk to Robarts and Co., bankers. Messrs. Pulley and Co. kept their account at our house—on 23d March I paid this check over the counter, I gave a 20l. note, a 5l. note, and eighty sovereigns, I do not recollect to whom—I should say it was between two and three in the afternoon, but I cannot say positively.

CHARLES HARDY examined by MR. PARNELL. I am the prisoner Hardy's brother. He lived at home, and had done so regularly—this is the first situation he had been in—he was with me at Messrs. Pulley and Co.'s—I mentioned him to Mr. Pulley, and he was kind enough to take him—I know nothing of Mansell; I did not know he was an associate of my brother's—as far as I knew, my brother was going on as respectably as I was—he always went backwards and forwards to business with me—on that morning he went before me—he called at Mansells that morning.

MR. PARNELL called

WILLIAM STRUTFIELD . I am Mr. Pulley's partner. I always found the prisoner honest—I entirely concur in Mr. Pulley's willingness to take him back.

(Henry English, mining-agent, gave Mansell a good character; and the prisoner Hardy's father gave him a good character.)

HARDY— GUILTY . Aged 17.

MANSELL— GUILTY . Aged 20.

Recommended to mercy Judgment Respited.

(There was another indictment against the prisoner.)

Reference Number: t18490409-973

973. HASSAN , unlawfully laying his hands upon John Rowbottom, with intent, &c.; and JOHN ROWBOTTOM , unlawfully consenting thereto.

HASSAN— GUILTY . Aged 33.

ROWBOTTOM— GUILTY . Aged 18.

Confined Three Months.

Reference Number: t18490409-974

974. CHARLES WARNER , was indicted for embezzlement.

JOHN HILL . I am a carrier, of Upper Clapton. The prisoner was in my

service—his business was to go out with a cart to and from London daily, he had to receive money for goods, and to give it me next morning, and to nobody else—he kept a book—Mrs. Freeman, of the London Orphan Asylum, owed me 1l. 4s. 4d. for carriage—the prisoner has not paid it to me; nor 2s. 6d. from Ellen London.

Cross-examined by MR. PAYNE. Q. Did you ask him for that particular 2s. 6d.? A. No—he was in my employ five years, and was there when I took the business—he was a lad then—he now has 16s. a week—he occasionally had to get assistance—he might give persons a pint of beer to help him—I have told him to do so—I never said I could not afford to repay it him—I dismissed him on 17th March.

ANN PIDDOCK FREEMAN . I am a widow, and a customer of Mr. Hill's. On 30th Sept. I paid the prisoner 2s. 6d., he gave me this receipt—I saw him sign it.

Cross-examined. Q. Ton have known him some time? A. Yes—he has paid small bills for me, and always brought me the receipts.

ELLEN LONDON . I am the wife of Thomas London, of College-street, Homerton. On 12th March I paid the prisoner 2s. 6d. for Mr. Hill.

Cross-examined. Q. You had employed him? A. Yes; he had been in the habit of bringing me money, and always brought it correct.

JAMES ATTWOOD (policeman). I took the prisoner, and told him it was for embezzling several sums from his master—he said he was very sorry for what he had done.

Cross-examined. Q. Where did you take him? A. At 5, Brook-street, Stepney, within five minutes' walk of his master's. (The prisoner received a good character.) GUILTY . Aged 21.—Recommended to mercy— Confined Three Months.

Reference Number: t18490409-975

975. ELLEN LYNCH , stealing 1 box, value 1s.; and 2 5l.-notes; the property of Charles Robinson, from the person of Maria Robinson: and DANIEL DONOGHUE feloniously receiving the same.

CHARLES ROBINSON . I live at 2, John-street, Shoreditch. This 5l.-note is mine (produced)—I know it by the number and date—I received it and four others on 12th March at the Admiralty in part payment of my wages—I paid three away, and put the other two into a tin-case with my discharge and register ticket—about five o'clock, on 19th March, I gave it to my wife to put into her pocket; and about half-past five o'clock we went to the play at the Eagle, and sat in the pit—the prisoner Lynch sat on my wife's right, and I on her left—the numbers of the notes were 73,776 and 73,777, dated 12th Feb., 1849.

Cross-examined by MR. PARNELL. Q. Who sat on the other side of lynch? A. Donoghue's wife—I did not know either of them before—I did not take down the numbers of the notes; I looked at them before going out, and remembered them—there were no letters by the side of the numbers—they were new notes.

MARIA ROBINSON . I am the wife of the last witness. I went with him to the Eagle—I had the box in my pocket on my right side—Lynch was on my right and my husband on my left—I left Lynch there at ten o'clock—felt for my gloves, and missed the box—I did not suspect any one—I know the note by the number—I recollect it; it is 73,776, I think.

Cross-examined. Q. Your husband told you the number? A. No; I had had the notes above a week—I felt the box in my pocket aftes ten o'clock.

THOMAS COSTELLO . I am a tailor. On 19th March, about a quarter to twelve o'clock, I was at the Green Man Cow-cross, and saw Lynch then with a man named M'Grath, who I knew, and who handed me a note, and asked me to let him know the contents of it—I said it was a 5l. Bank of England note—Lynch said she would stand a gallon of gin if the landlady would change it; but she could not—M 'Grath banded it to Lynch, and they both went out.

Cross-examined. Q. Is the landlady here? A. No—M'Grath is a tailor, and a neighbour of mine.

WILLIAM O'CONNOR . I am a medical man, of Red Lion-street, Clerken. well. On 20th March Donoghue came and complained of illness from drink—Igave him some medicine; be tendered a 5l.-note—I gave it to my wife to get changed.

Cross-examined. Q. You knew him before? A. Yes

ANN O'CONNOR . I am the wife of the last witness; he gave me a note to get changed—I took it next door to Mr. Russell, got it changed, and gave it to my husband, who gave him 4l. 19s., keeping 1s. for the draught.

MARY RUSSELL . I am barmaid at the Red Lion, next door to Mr. O'Connor's. On 20th March Mrs. O'Connor brought me a 5l.-note; I took it to Mrs. Blake, who gave me change, which I gave to Mrs. O'Connor.

JANE BLAKE . I keep the Red Lion, Clerken well—Russell is my barmaid—I gave her change for a 5l.-note on 20th March—I paid it to Mr. Ansell.

Cross-examined. Q. How many 5l.-notes had you? A. One besides this; but this was quite a new one—I did not mark it—I paid both away together.

JAMES ANSELL . I am cashier to Messrs. Dingwall, spirit merchants. On 21st March Mrs. Blake paid me two 5l.-notes, Nos. 73776 and 27655, a 10l.-note, and ten sovereigns—I paid the notes to Robarts', our bankers.

Cross-examined. Q. Did you make a memorandum when you receifedt them? A. No—this paper is a copy from our cash-book, which is not here. ALFRED HANDLES. I am cashier to Robarts and Co. On 21st March Ansell paid me three 5l.-notes and other money—this one (produced) has our private mark on it. RICHARD ADEY BAILET. I am a clerk in the Bank of England. This note 73,776 was paid in by Messrs. Robarts on 22d March.

THOMAS ZINZAN (policeman, N 67). I took Donoghue, and asked if he recollected going to Mr. O'Connor's to change a 5l.-note—he said, "No; where should I get a 5l.-note from; I have not seen one for some years"—I took him to Mr. O'Connor, who identified him—he said, "Well, if I did give you a bit of paper, I am sure I did not know the value of it"—in going to that station he said, Mr. O'Connor had a sovereign to change for him; and told him he had better burn the papers, or else he would get found out—I had not mentioned any papers—I afterwards took Lynch.

Cross-examined. Q. When did you take Donoghue? A. On 28th March, about eight in the morning, he was at home with his wife—I had seen her the night before; but did not tell her, or any one, my business—I was in plain clothes—I did not say I was a policeman—I watched till nearly two o'clock in the morning to see if he came out—I do not know M'Grath or Costello—I found this book in the prisoner's house, showing that 41. had been placed in the Finsbury Savings'-bank five days after the robbery.

JAMES KENNY . On 20th March, about twelve or one o'clock, Donovan gave me 4l. to take care of for him; he was on the drink, and I advised him

to do so—next day I laid I could not give it him unless he brought his wife—he did so, and I gave it to her.

Cross-examined. Q. What are you? A. A licensed victualler of the Red Lion, Cow-cross—I told nobody about it till the policeman called three or four days afterwards—I have known Donovan ten or twelve years—he it an honest, industrious, and respectable man.

ELIZABETH KENNY . I am the daughter of the last witness. On 20th March Donoghue came, went into the skittle-ground, called for a half pint of ram, and gave me a 5l.-note—I got it changed at Wilkins's, our butcher's, and gave the change to Donoghue—I put my name on the back of the note—this is it.

MARY ANN WILKINS . My husband is a butcher. On 20th March I changed this 5l.-note for Kenny.

NOT GUILTY .

Reference Number: t18490409-976

976. THOMAS SMITHERS , stealing 1 tea-pot, value 9s.; the goods of Henry Fossick Stapleton.

HENRY FOSSICK STAPLETON . I am an ironmonger, of Park-place. Mile-end-road. On 3d March, about half-past six o'clock in the evening., the prisoner came and asked to look at a metal tea-pot—he chose one at 9s., and an iron saucepan and tea-kettle—I had never seen him before, but am sure he is the man—he did not pay for them, but asked me to make out a bill; I did so, and he asked me to send my boy with the things—he said he was only going to Stepney-green with them—I sent a boy with him to carry them, who was to bring back the money—he came back in three-quarters of an hour without the tea-pot—on 29th March I went with an officer to 63, St. John-street, Clerkenwell—the prisoner came to the door—I asked if he knew Dr. Coward (he had spoken to me of Dr. Coward)—he said he knew a chemist of that name—I charged him with taking a tea-pot; he denied it—he was in my shop twenty minutes or half an hour—I noticed his speech, and that he. walked limping—I swear he is the man.

Cross-examined by MR. PAYNE. Q. Were you here the other day when half a dozen people swore to a person and were mistaken? A. I was not in Court—I have seen Johnson, but do not know him (see page 633).

WILLIAM ROOT . I am fourteen years old, and was in Mr. Stapleton's service—I remember the prisoner coming—I heard him speak, and swear to him—I carried the things—he said he was going to 18, Ocean-street—at Stepney-green he said it was only a little further up; and said, "My little man, you had better let me take the tea-pot, if you scratch it, I won't have it"—I gave it him; he said, "You go and knock at No. 18, and I will overtake you, I am going to make water;" and went up the second turning in Ocean-street—I went on, he did not come; I went back, and he was not there—I noticed that he limped, and looked at the ground all the way he went.

Cross-examined by MR. PAYNE. Q. You had never seen him before? A. No—our house is a long way from Clerkenwell.

JOHN NICHOLLS (policeman, 180). I went with Mr. Stapleton to 63, St. John-street—he went to the door; I waited at a public-house—became, and told me something, and I took the prisoner—he said, "Where does the prosecutor live?"—he told him, and the prisoner said he bad not been there. for twenty years.

Cross-examined. Q. This is the only indictment against him? A. Yes—he was bailed, and surrendered this morning.

NOT GUILTY .

Reference Number: t18490409-977

977. ANN SAVAGE , stealing 2 books, value 5s.; the goods of Thomas Masters, her master. MR. PARNELL conducted the Prosecution,

THOMAS MASTERS . I am a confectioner, of 294, Regent-street—the prjsoner was in my service about six months, in the name of Ann Mould—die left in Jan.—I believe these two books to be mine—she had no authority to take them—there is a mark which my wife can swear to; but she is not here,

JOSEPH COLLARD . I am superintendent of the Great Western Railway police. On Sunday, 1st April, I was sent for to my brother's house, 5J, Great Castle-street, and found some books in the prisoner's box—I saw her at the station, and asked her how she accounted for them being there; she said they were all hers, she had had them a great time.

JAKES MARTIN (policeman). On 1st April I searched the prisoner's box at Castle-street, and found these books—I know it was hers by seeing her take the dress she has on out of it—Mr. and Miss Collard were with me.

MARY ANN COLLARD . The prisoner was in my father's service—he is dangerously ill—she went by the name of Ann Savage—I was present when the books were found, and know it to be her box.

JOSEPH COLLARD re-examined, I heard the prisoner make a statement; this is the Magistrate's signature to it—(read—"I had not the slightest idea these books were in my box, there has been some trick there")

NOT GUILTY .

Reference Number: t18490409-978

978. ANN SAVAGE was again indicted for stealing 1 book, value 5s.; the goods of John Patrick Christie, her master.

HARRIETT CHRISTIE . I was formerly Miss Shepherd—this Bible was then given to me by my husband, John Patrick Christie—it is his now—this is his writing in it—the prisoner was in my service, in the name of Ann Savage, a few months, and left in Jan. 1846.

Prisoner, You made me a present of a Bible, and I took this instead of it in mistake. Witness, I never gave or lent you one, or a book of an; description.

JAMES MARTIN (policeman). I found this Bible in the prisoner's box. GUILTY .—Recommended to mercy.— Judgment Respited ,

Reference Number: t18490409-979

979. MARGARET GREENEY , stealing 1 10l.-note; the property of William Belcher, her master, in his dwelling-house.

MR. CLERK conducted the Prosecution. WILLIAM EDWARD BELCHER. My father's name is William; he is a grocer, of Holies-street, Cavendish-square. On 24th Feb. I went out collecting, and received a 10l.-note from Mr. Hay ward, of Sun-street; I put his initials on it and the date, and put it in a canvas-bag with other money, gold. silver, and copper upon it—I went home, and while I was at dinner placed the bag on the table; after dinner I went down to wash my hands, I returned and found the bag on the table—I had left no one in the room—I gave the bag to my father; between two and three o'clock he counted it, and the 10l.-note was not there—the prisoner was in my father's service; she was going to leave that evening, and did so—I saw no more of her for a month—I had said nothing to her about the note—I received information, and went with Roberts on board the Wenham in the London Docks, and saw the prisoner on the deck—we went with her between the decks, she pointed out her box; It was opened, and in it was a sort of till, in which was a card-case with the

note in it (produced)—here is the mark I made on it—I received no other 10l.-note that day.

Cross-examined by MR. PARRY. Q. Is all this your writing? A. Yes—I did not suspect anybody; I advertised it as lost somewhere about Manchester-square—the prisoner had been with us four months; she would have to receive one month's wages at about 11l. a year—9l. 10s. in gold was found in her box—I missed no gold from the bag.

CHARLES ROBERTS (policeman, D 107). On 30th March I took the prisoner on board the Wenham—she showed me her boxes, and gave me the keys; and I found the note—she said it was of no use to deny it, she picked it up.

Cross-examined. Q. Are you sure of that? A. Yes; she said so repeatedly—she was going to New York.

(The prisoner received a good character.)

GUILTY . Aged 27.—Strongly recommended to mercy.— Confined Six Months.

Reference Number: t18490409-980

980. JAMES TOWNSEND, stealing 1 bridle, value 8s.; the goods of William Pollard: having been before convicted.

WILLIAM POLLARD , I am a butcher, of Sloane-street—this bridle is mine (produced)—it was safe at six o'clock on 12th March—I missed it at seven o'clock next morning; another person occupied the stable with me, the coach-house door was left open—I found the bridle at Seymour's on the 17th.

Prisoner. I told you the man I sold it for, and you know him. Witness. I know the man you mentioned.

CHRISTOPHER SEYMOUR . I deal in potatoes, coal, and coke, at Orchard-street, Westminster. On 12th March I came home and found this bridle at my house—in the evening, about nine o'clock, the prisoner came; and my. wife said, "This is the man the bridle belongs to"—he offered it for sale for 2s. 6d.—I said, "I have, got two, and do not want it"—he said Mr. Lucas, who I knew, sent him to me with it—I said, "Is it yours, or have you stole it"—he said, "I have not stole it, it is my own"—he pressed me very hard; and I gave him 2s. for it.

GEORGE ADAMS (policeman, A 256). I took the prisoner, and told him the charge—he asked if Mr. Pollard had got his bridle back; I said,"Yes"—he said he was very glad of it—he told me at the station where he sold it

WILLIAM MILLERMAN (policeman, B 95). I produce a certificate of the prisoner's conviction—(read—Convicted May, 1847, confined three months).—I was present; he is the man.

GUILTY .**— Aged 24— Confined Twelve Months.

OLD COURT—Monday, April 16th, 1849.

PRESENT—MR. BARON PLATT; Mr. Ald. GIBBS; Mr. Ald. HOOPER; Mr. Ald. CHALLIS; Mr. Ald. SALOMONS; and EDWARD BULLOCK, Esq.

Before Edward Bullock, Esq. and the Second Jury.

Reference Number: t18490409-981

981. WILLIAM KING , robbery on Charles Wise, and stealing from his person 1 umbrella, value 2s., his goods: having been before convicted.

MR. SLEIGH conducted the Prosecution.

CHARLES WISE . I am a Greenwich pensioner, and live at 29, York-street, Westminster. On 5th March, between nine and ten at night, I was at a beer-house in John-street, taking a pint of beer—the prisoner passed by me

from the tap-room to the back of the house, and looked in my face—I left the house with another party for ten minutes, returned, and asked for a glass of beer, and then left—when I got outside, a number of persons closed up and I could not escape—I had an umbrella in my left hand—my elbows were confined, and I was struck a violent blow—I was senseless—a policeman broke my fall—my umbrella was snatched from me, and the head of it broken, which fell to the ground—I was perfectly sober.

GEORGE KIMBURY (police-sergeant, D 12). On 5th March, about half. past ten at night, I was in Shouldham-street, heard a disturbance, and saw the prisoner with something under his left arm—I followed him into a water-closet in the back yard of No. 5, and told him he must go with me to the station—he said he had gone to ease himself—a constable said in his presence that he had stolen an umbrella.

CHARLES JOHNSON . I am a boot and shoe-maker. About half-past ten, on 5th March, I saw the prisoner running with an umbrella under his coat-the wind blew his coat open, and I saw it distinctly. Prisoner. Q. Do you swear that? A. Yes; I was within two paces of you.

HILL BECK (policeman, D 127). I was with Kimbury, and saw the prisoner running down Crawford-street with something in his hand—I went to 5, Tooke's-court, and searched a water-closet—I then got on the Wall, and on the yard of No. 6 I found this umbrella—it could easily have been thrown there from the water-closet—Wise was perfectly sober.

Prisoner's Defence, I went to ease myself, and the policeman came and locked me up; I did not know what it was for till the next morning.

HILL BECK re-examined, I produce a certificate of the prisoner's conviction—(read—Convicted May, 1846, confined four months)—I was present—he is the man. GUILTY . Aged 20.— Transported for Seven Years ,

Before Mr. Baron Platt,

Reference Number: t18490409-982

982. JOHN CUTTS and WILLIAM EVANS , feloniously forging and uttering a receipt for 50l.; with intent to defraud Edmund Salmon.

MESSRS. CHAMBERS, BODKIN, and ROBINSON conducted the Prosecution,

JOHN MUMBRAT . I am Clerk of the Records, in the Writ Office, Chancery-lane. I produce a bill filed by Mr. Edmund Salmon against Mr. Cutts; also two answers to that bill by Mr. Cutts—I recollect Mr. Cutts swearing to the first answer of 9th June, 1848—I administered the oath to him, and also on the second answer—Edmund Salmon's bill was amended on 11th Aug., 1848, under an order dated 7th Aug.—I produce it—it is a further answer to the original bill, and an answer to the amendments—it was put in on 2d Nov., 1848—I administered the oath to Mr. Cutts on thai answer—that oath applied to the answer to the original bill, as well as to the amended bill.

FREDERICK JACOB WRIGHT . I produce from the Record Office, in Chancery-lane, a bill filed by Mr. Cutts against Mr. Salmon, dated 9th Feb., 1848—that was amended after the answer—two answers were filed on 26th Aug., 1848, one by Joseph Smith Salmon, and John Salmon jointly, and one by Edmund Salmon separately, and the bill was amended on 8th July, 1843, under an order dated 3d July—the answer of Edmund Salmon to the amended bill was put in on 25th Aug., 1848.

STEWART TOURNAY . I am managing clerk to Messrs. Goodwin and Co. of Walbrook—they were solicitors for the plaintiff in a cause in equity, of Salmon against Cutts and others—I produce an official copy of an order to inspect the documents scheduled in the amended answer to the last bill-on

10th Feb. I went to the office of Messrs. Brooksbank and Fan, 14, Gray's-inn-square—I had not the order with me at that time—I went by appointment—I called for some of the documents mentioned in the schedule, and referred to in the order (looking at a paper produced by Inspector Penny)—this paper with five receipts upon it was then produced to me by Mr. Hillyer, the managing clerk to Messrs. Brooksbank and Farn, for my inspection, among other papers named in the schedule for the purpose of the cause—an appointment had been made on 7th Feb. by letter, for the 8th—I called on the 8th, but Mr. Hillyer said he had not looked up the documents, they were not ready, and I made an appointment for the 10th—I demanded a copy of it under the terms of the answer, and a copy was given me by Mr. Hillyer, for which I paid 18d.—I have the copy in my pocket.

Cross-examined by SIR FREDERICK THESIGER. Q. You say you were at Messrs. Brooksbank and Farns in pursuance of an appointment you had made? A. I was—I did not go alone, a person named Boulter accompanied me; he is clerk to Mr. Wilkin, the attorney for this prosecution—Boulter was present at the time of the inspection of the documents that were produced to me—I cannot say exactly how long that inspection continued, perhaps we might have been there twenty minutes or half an hour; I should not think more than half an hour; it is impossible for me to swear we were not there an hour; I do not think it was an hour—I will not swear we were not there an hour—there was a variety of documents.

Q. Were the documents handed to you or to Boulter for the purpose of inspection? A. They were laid on the desk—they were handed to me—he inspected them with me on the desk—these receipts were among the documents that were laid on the desk and inspected by me and Boulter—I do not know whether Boulter had anything in his hand while he was inspecting this particular document—he certainly had something in his hand during the time he was there—he had a pencil in his hand, and copied something from a bill of costs, but I cannot swear whether he had it in his hand at the time of his inspection of the documents or afterwards, when we were copying some bills of costs—a portion of the time I know he had a pencil in his hand—he was making extracts from a bill of costs, whether it was at that time I do not know—I do not remember having the pencil in my hand—I know very little about Mr. Boulter—I have heard it stated that he is a discharged clerk of Mr. Cutts, but I believe it is not so—I have heard that he was formerly in Mr. Cutts' employment, but I do not know it of my own knowledge—he is in the neighbourhood of the Court, outside, I believe—I was in attendance on the Grand Jury but was not called in—Boulter went into the room; he might have been in the Grand-jury room ten minutes or a quarter of an hour—Mr. Wilkin did not attend before the Grand Jury; I believe Boulter attended for him as the attorney—he went into the Grand-jury room alone, unless Inspector Penny went in with him, I will not be positive as to that—he went in before any of the witnesses—I believe he had the indictment in his hand—I wont say whether he had or not; it was either in his hand, or else he had previously handed it to the officer, I am not positive which.

MR. BODKIN. Was any alteration made in this document by anybody whilst you were there?. A. None; that I will swear; neither with a pencil or anything else; it was never out of my sight—I had the responsibility of inspecting it, and there was no alteration—I looked attentively at it all the tone it was before me—it went into the hands of Mr. Boulter last.

COURT. Q. Could any alteration have been made in the document while

you were there? A. None whatever, unless in this way; while I was there I bespoke a copy, and it then went out of my hands into the hands of the clerk of Messrs. Brooksbank and Faro, who I believe is in Court now, and I lost sight of it while the copy was being made.

MR. BODKIN. Q. Boulter was no party to the copy being made. A. No; no alteration could have been made by him or me at the time—Mr. Wilkin was concerned for the other Salmons in the suit—they were defendants—strictly speaking, I can not say that Boulter attended on that occasion as Mr. Wilkin's clerk—I believe the order was for the production to the plaintiff—Mr. Wilkin was concerned for the other defendants—I should say that two clerks of Messrs. Brooksbank and Farn were in the office the whole time these documents were being inspected—I know by looking at the proceedings, that Mr. Wilkin was solicitor for the other two Salmons, he so appears on the record, as I was informed by one of our clerks.

(The proceedings in Chancery were here put in and read, from which it appeared that Joseph Smith Salmon, a brother of the prosecutor, had filed a bill against Mr. Ctlts, in May, 1847, praying for the specific performance of a contract of sale, by which he (Mr. Cutts) had agreed to become the purchaser of Lot 8 for 2,510l., whilst Edmund Salmon, the prosecutor, filed a bill profit that the contract might be set aside for fraud on the part of Mr. Cutts, he not having complied with the conditions of sale by paying the necessary deposit, in the answers of Mr. Cutts to these bills, and in his own bill he expressed his desire to complete the contract, and alleged that he had paid to Edmund Salmon monies on account of the purchase of Lot 8, for which he held his receipts, end in a schedule annexed to his last answer, the dates and amounts of these receipts were set out.)

EDMUND SALMON . I am a farmer, and reside at Weathers field in Essex; I and my brothers Joseph and John were entitled, under the will of a Mrs. Smith, to some property in that county; it was an estate called Saville's Farm in Great and Little Bardfield—that estate adjoins considerable landed property belonging to Mr. Cutts—I first became acquainted with Mr. Cutts when he first came to reside at a place called Little Bard field Hall—I WM married in 1844—I became acquainted with Mr. Cutts about twelve months before that—I married a young lady who formed part of his family—she was the daughter of his housekeeper, and was living in Mr. Cutts' family at the time I became acquainted with him—Mr. Cutts gave her away—I was I minor when I married, under twenty—I was married by license—Mr. Cutts acted as solicitor to the trustees under Mrs. Smith's will—after my marriage I and my brothers were advised by Mr. Cutts to sell the property—I was it that time under age—Mr. Cutts gave no particular reason for advising me to sell before I was of age—he did just as he thought proper, in fact we had so voice in it whatever; he managed it chiefly; whatever he advised we must abide by the consequences—eventually I and my brothers agreed that the property should be sold, and Mr. Franklin was employed as the auctioneer to sell it; we never employed him—he was employed by Mr. Cutts—he was at that time a tenant of Mr. Cutts—he was an auctioneer and farmer—I was it the sale—Mr. Cutts became the purchaser of Lot 8 for 2,510l.—he had early possession given him of a portion that adjoined his own property—there was a crop on it at the time, which was valued by Mr. Franklin at about 113l.—that was. the portion that I was in possession of—he took possession of the whole of Lot 8 at Michaelmas—I have received from Mr. Cutts sums of money since my marriage amounting altogether to 205l.; the first sum was

50l., on 5th January, 1847—I received the 205l. in five different payments; all in 1847—I really am not certain of the dates—I did not receive either of those sums on account of the purchase-money of Lot 8—I never received the 113l. for the crop—some time after, an application was made to me to give receipts for the money that had been advanced to me by Mr. Cutts—I should imagine it was about December, 1847—it was made by Evans on the part of Mr. Cutts—he came to me and said that Mr. Cutts had asked him whether he had got the receipts, and he told him he had—he said, "You know I have not got them,"and he said, "Will you oblige me by giving those receipts to me"—I had got them in a book, and after some time I said I would not do it for Mr. Cutts, but I would for him, he being my brother-in-law—Evans is a brother of my wife's, and that is why I did it—I had got these sums of money at the time I received them, down in a book—Evans took the receipts down, and wrote the body of the receipt himself, and I signed it—I gave him from the book the dates, and the particulars of the sums I had received—it was at my house—he wrote in my presence part of the paper produced—he wrote the bodies of five receipts, and I put my name to each of them, as it appears there now—the words "o/a lot 8" (meaning "on account of lot 8,") were decidedly not there when I signed them; I am positive of it—I believe those additional words to be Evans's writing—I had a pen and ink in the room when he came—in signing these receipts I used the same pen that he did—I believe there was only one pen; at least, I did not see any other; I am certain there was no other in the room—I believe I had received all those five sums from the hands of Evans. (The paper was here handed to the Jury to examine.)

Cross-examined by SIR F. THESIGER. Q. We hear that Mr. Wilkin is your attorney in the present prosecution—is that so? A. He is—Mr. John Boulter is the clerk of Mr. Wilkin—when I first went to the neighbourhood of Mr. Cutts' residence, Boulter was clerk to Mr. Cutts—I don't know how long he continued to be so—he left him—Mr. Wilkin has an office at Great Bardfield—I cannot say bow long he has had an office there—Boulter lives in that house—Mr. Wilkin's name is on the door—I do not know whether Boulter conducts Mr. Wilkin's business there in the neighbourhood of Mr. Cutts' residence; I believe he does—I think Mr. Wilkins had not that office at Great Bardfield until after Boulter had left Mr. Cutts—Mr. Williams, of the firm of Goodwin and Co., was my solicitor in the Chancery proceedings—I believe Mr. Boulter has acted for them in those Chancery proceedings.

COURT. Q. What makes you believe it? A. I do not know that he has acted for Mr. Williams in that way.

Sir F. THESIGER. Q. But has he interfered in any way in these Chancery proceedings in your behalf? A. Oh! yes, he has—I suppose he has to a certain extent interfered in this prosecution—Boulter made the charge against Mr. Cutts at the Police-office—he has conducted this prosecution—he went with me to Messrs. Brooksbank and Farns for the purpose of inspecting this document—I believe that was after he had been with Mr. Tournay—these receipts were exhibited to us—we remained but a short time inspecting them, merely to look at them and come out again immediately—it was not ten minutes; not more than five, I should think—I only saw that "o/a lot 8" was added—that was the first time I ever saw it on the receipts.

Q. Did Mr. Cutts at any time advance you a sum altogether of 150l? A. He did; that was before I married—it was in two or three sums, but I believe in three—I believe all that money was given to me by the hands of Mr. Cutts—I never repaid any part of it—I have never paid any interest on

it—a stage-coach was set on foot by some gentleman at Bardfield, which ran to one of the stations—Mr. Cutts became the owner of that coach, and I purchased it from him afterwards for 100l.—I never paid him any part of that 100l.; it was never asked for—all the five sums mentioned in these receipts were given to me by Evans on account of Mr. Cutts—at the time they were given I did not give him any receipts or acknowledgments of any kind; I was never asked—at the time these sums were given me by Evans, the valuation of the crops of lot 8 had been made by Mr. Franklin—I do not know when the contract for that purchase was signed.

Q. Where were these monies given to you by your brother-in-law Evans? A. Well, I believe some at Little Bardfield-hall, others at my own house—I cannot distinguish which of them was given at Little Bardfield-hall and which at my own house—I believe two or three of the first I received at Little Bardfield-hall—that was where Mr. Cutts' office was—I do not know whether they were paid at the office—they were paid at the hall, and I know very well that two 50l.-notes were paid to me at my own house, which Evans brought over—Mr. Cutts was indebted to me at that time—there was the crop—I considered that I borrowed these monies, a part of them, and part Mr. Cutts owed me—part I considered was money borrowed from Mr. Cutts, and the other put was in part of money that was owing to me from Mr. Cutts.

COURT. Q. Are you now speaking of the five sums? A. Yes.

SIR F. THESIGER. Q. What is it that Mr. Cutts was indebted to you for that you think part of this money might have been in respect of? A. Why, there was the crop—I considered that I borrowed the principal of the money, and I considered I should have to pay interest for it—when I say part was in payment, I mean in payment of the crops of lot 8—they were valued at 115l.—we never had any settlement in any way—it was a mere idea of my own that part of that money was in respect of the crops—I suppose at the time I went to ask for the first 50l. it was in payment of the crops, very likely—I do not know what the amount was that was paid me in respect of the crops—it was no particular sum.

COURT. Q. How could you imagine that part was to be applied in payment of Mr. Cutts' debt to you if you cannot tell us what particular sum it was? A. Well, Mr. Cutts owed me 113l., and I owed him 250l., but I considered I was paying interest for that—I have never paid a farthing.

SIR F. THESIGER. Q. As you considered you were to pay interest for that portion of the five sums that was borrowed money, how could you distinguish which portion of the sums you were to pay interest for, and which you were to pay no interest for, in respect of those being payments of money due from Mr. Cutts to you? A. I considered it as borrowed money, except, as I say, that when I wanted to keep my house on, and wanted 50l., why I went to Mr. Cutts, and be buying the crop, I thought naturally enough I could have 50l., and then I consider I borrowed the remainder—I took the 50l. on account of the crop—I mean distinctly to state that the 50l. was paid to me in respect of the valuation of the crops. and all the rest was borrowed money—it was the first 50l. that was paid in respect of the crops—I do not know that I asked for payment in respect of the crops—I merely asked him to let me have 50l.—I always used to be backwards and forwards at Mr. Cutts'—I wanted some money to keep on with—I merely went and asked him whether he would let me have 50l. or 100l., or whatever I wanted—I did not at the same time say that I had not been paid for the crops—the applications for the other four sums were made 1st in the same way—there was no distinction between the application for

the money which I applied in my own mind to the crops, and the other which I borrowed—I never mentioned each a thing—I merely asked for the money at I would if I wanted to borrow money of any one else—there were two 50l.-notes, which I recollect perfectly having been paid at my own house—the first 50l.-note I made application for, was at Little Bardfield-hall in respect of the crops—I believe that was paid to me at the hall—the payment at my own house was 100l. in two fifties—it was only one payment in two 50l.-notes—I said two 50l.-notes before.

Cross-examined by MR. SERJEANT WILKINS Q. Was it in Sept, 1845, that the sale of the estate took place? A. The sale of the estate was in June, 1845, I believe—I was of age in the Nov. following—both my brothers are older than I—the eldest is twenty-eight or twenty-nine, be is a grasier—the next brother to me is between 26 and 27, he is a farmer—I was present when the allotments of the estate took place—I left the farm at Michaelmas—Letch was the name of the in-coming tenant—I did not receive anything from him for the crops that were on the farm—I received about 80l. or 40l. from him for manure and so forth—that was at Michaelmas, after I gave up possession, possibly five or six months after, I really cannot state exactly, it might not be so long—it was not for implements of husbandry, ploughs, harrows, and things of that sort, but manure and several things which were taken at a valuation; fallows for one thing, no farming utensils I believe—there might be, but I do not think there were—there were two or three fixtures in the house, merely a shelf or two, or a window-blind or something—I cannot for certain say whether I did not receive 61l.;—I am not prepared to state what it was—I am not prepared to swear whether it was as much as four months after Michaelmas that I received that money—I cannot say at what time it was—Mr. Cutts had an estate adjoining part of lot 8—it was 8 fields, 21 acres—I believe Mr. Cutts was particularly anxious, for his own sake, that those three fields should be put in one lot—I and my brothers did not refuse that, and say it would be more to his interest to purchase the lot than any other man if the three fields were added to the rest—I certainly never remember such a thing—I never remember Mr. Franklin, the auctioneer, and my brothers together, in my hearing, refuse to assent to that on that ground—I will not swear it did not take place—it was not done, because Mr. Cutts had the entire management of the business, and he did just as he thought proper.

COURT. Q. How could that be? if that was the case he would have put those three fields in one lot. A. So he did; be bad them put in one lot—we had no voice in the matter—Mr. Cutts did just as he thought proper.

MR. SERJEANT WILKINS. Q. Do you mean to swear that those three fields were sold in one lot? A. I believe it was the seventh lot—they were part of lot 8, but I was given to understand it was turned into two lots Mr. Cutts had the whole management of the business, and did just as he thought proper—we had no voice in it whatever—I was a minor at the time—he wished to have the three fields in one lot, but he did not put them in one lot—they were called the Potter hedges fields—I was on very good terms with Mr. Cutts up to Sept., 1847—I and my brothers have expressed dissatisfaction at the bargain—I have expressed dissatisfaction to my brothers, and to others—I have certainly never given notice of my complaint to Mr. Cutts, but I was informed it was bought very much under its value—I do not know that very shortly after Mr. Cutts came into possession of lot 8 he expended a great deal of money in improving it—probably he might, but I have not been on the estate since he bought it—I have been by it—I do not know that he has greatly improved it—I have

been informed that he has done some ditching—I never took any particular notice—there did not appear any such great improvements—no doubt money has been expended on it—there might be a slight improvement of a few pounds probably—I have not visited Mr. Letch, the incoming tenant—I have never been into his house since I gave up possession, or since I threshed out my crops—that was after Michaelmas—I cannot state when I finished threshing—I am not at all aware; as soon as I got my corn out—I had the privilege of going to the premises to thresh out any corn before the next Lady-day—I really do not know what time it was—it was in the evening time that Evans came to me for the receipts—we had something to drink both before and after the signing, the same as we had always been in the practice of doing when he came to my house—I cannot say what we had to drink—it was some kind either of liquor or beer—I cannot recollect—I cannot state to an hour what time he came—it was in the evening time—I do not know what time he left; very likely nine, very likely eleven.

Q. Was Evans sober? A. Yes, pretty well, I believe—I was quite well—I am not aware that Evans had been drinking before he came—he was pretty well when he came—how he was before he left, I must leave—I will say he was sober if you like—I should say he was neither drunk nor sober—my wife was ill in bed—the book that I kept my receipts in was kept is my writing-desk, I believe, in the same room—on my oath my wife did not fetch the book on that occasion—Evans went home that night, at least he left my house—at any rate he did not sleep at my house.

MR. BODKIN. Q. When he first came about the receipts, did he appear to you like a person that had been drinking or not? A. Not particularly, oh no—I dare say he had been drinking, but not to take particular notice of—he had not had enough to be labouring under the effects of liquor, decidedly—I should think it was, perhaps, an hour after he came that £ signed the receipts which he wrote, perhaps more; I really cannot say—it was an hour or an hour and a half—I believe there was some drinking between us after he came before the receipts were signed, and we were smoking a pipe together in that same room—we undoubtedly had something to drink, it was very simple what we had—I am pretty well certain we had something before I was asked for the receipts—neither he nor I drank any liquor to make us at all tipsy before the receipts were signed—I do not remember what it was we drank, there was liquor on the table—he staid after the receipts were signed, possibly, about the same time, it might be two hours; I really cannot state—he would have to go between three or four miles home—I cannot say whether he was on foot or on horseback—he was in the habit of coming to my house so often that I did not take any notice—possibly he came in the chaise, most likely on horseback—he went away by the same conveyance that he came by—he came alone, and I think he went away by himself—he was living with Mr. Cutts at that time—he had been living with Mr. Cutts ever since I knew bin—in 1846 a conveyance was tendered to me by Boulter, then Mr. Cutts clerk, which I refused to sign—that was at Little Bardfield-hall—my brothers were there—we all refused to execute it—before Sept. 1847, Mr. Cutts said he would get me a farm of Lord Mornington, professing to be my friend—I think that was in 1846 or 1847—it was often talked about for some time, Mr. Cutts said he would get it for me, and we would manage it between us—the sums of money mentioned in these receipts were handed to me by Evans—I never had any conversation with Mr. Cutts on the subject, or on the advance of money that he had made.

COURT. Q. Have you never paid back to Mr. Cutts any money that be

has lent you? A. No; there was 150l. borrowed before I was of age, and 100l. for the coach—I was to have the whole of the 118l. for the crop of corn on the farm that I was thus holding—it was wheat and barley—I was tenant of the firm then—Mr. Cutts bought it, let it to Letch, and then I came out—between Michaelmas and the September following I threshed out my corn—I did not thresh oat any of it in 1848—I began to thresh it immediately after harvest—I really cannot say the tine I finished—I got it out as soon as I could—I threshed out as late as Dec. 1848, certainly.

JURY. Q. If you had actually received the 205l. in these five different payments, how came you to say to Evans that you would not give Mr. Cutts the receipts, bnt you would give them to him (Evans), your brother-in-law? A. Why, because Mr. Cutts had treated me in that way, and I said, "I was never asked to give receipts at the time of receiving the moneys, and I do not see why I should do so now."

COURT. Q. Did you think it was the part of an honest man to refuse the receipts? A. Mr. Cutts had not behaved honest to me—I was never asked at the time to give a receipt, not till some time afterwards—I had not quarrelled with Mr. Cutts at that time, but he had the chance of letting me have a farm, and he would not do it—I did not owe him a grudge for that particularly, only that I had been treated very ill all the way through by him, in every respect—he always promised to get me into a farm, and when he had a chance he would not do it; he professed to be my friend, but he was the greatest enemy I had—when Evans asked me for the receipts, I said, "I will give them to you, but I will not give them to Mr. Cutts," and afterwards I said, "If Mr. Cutts wishes to rob me, I don't wish to rob him, I have received the 205l."

JOSEPH NETHERCLIFT . I am a lithographic printer. I have been much employed in the examination of documents, to ascertain the genuineness of handwriting, for upwards of twenty years—I was called upon to examine these receipts—they were then in the possession of a policeman at the police-court—on examining the first receipt, I was struck by observing, through my glass, a pencil-line after the word "Pounds," to write on, I imagine—(looking at it through his glass) I see a broken pencil-mark, the letter "a," the lower part of the "1" in "Lot," the turn of the capital "L," and a pencil-line like the last upstroke of the "8," which is put in ink, and also a pencil-mark with a dash to it—the "a" in ink, representing the word "account," does not cover the "a" in pencil; it is a little below it—the "a" in pencil is still visible—(the Jury here examined the recipts with the witness's glass)—I see a difference between the former part of the receipt and the latter—the "o/s" in "Lot 8" is not written consecutively following "Received of Mr. Cutts £50"—it is written in closer, with a finer pen, and another coloured ink—it is thrust in—there was plenty of room for writing it conesecutively as well as the other part—it was written at another time and with another ink—there is no pencil-line under the words Received of Mr. Cutts £50"—I believe the "o/a lot 8," to be the same handwriting, but written with another pen—the person did not write "o/a lot 8," at the same time as "Received of Mr. Cutts"—it is not written with the same freedom—there is the pencil-mark of the "a" remaining decidedly—it is larger than the "a" in ink, a little over it, and a little under it, and intermingled with it, but a perfect "a"—the ampliate of it does not inclose a space double that of the "a" to ink—it occupies about the same space as it would in the other, and very little more—intermingled with the bottom of the capital "L," and crossing

it, there is a pencil-mark similar to it, as though the "L "was to take that precise space in pencil—by the side of the figure "8" I see what I should call the principal part of an 8 in pencil—it is a little beyond the "8" in ink—I cannot tell whether these pencil-marks were written before or after the writing, because it has been so much rubbed—there is the appearance of its having been rubbed; I mean that portion particularly over "o/a and Lot 8"—India-rubber has been applied there undoubtedly, and not to the rest of the receipt.

COURT. Q. If a letter or a word has been traced in pencil, and you traverse the same lines with ink, will it not have a different appearance afterwards from the ink on another part of the paper? A. Very little indeed, unless the pencil is very thick and greasy; then it would a little, but not where the pencil is light—if the ink covered the pencil, it would be impossible to know which was done first—good ink would cover the pencil entirely—if the pencil came thickly over the ink it would leave a little brown appearance over the ink, and I should know it was done after the ink—I cannot detect it here by this glass—it is all very faint writing—in that particular I would not attempt to form a judgment.

MR. CHAMBERS. Q. Have you also examined the second receipt? A. I have—I should give precisely the same answer to that as to the first, that the words "Received of Mr. Cutts 15l."is different from the "o/a lot 8"—the "o/a lot 8," in this appears to be written with the same ink as "o/a lot 8," in the first receipt, and with the same pen—it is not written with the same pen and ink as "Received of Mr. Cutts 15l."—there is a pencil-line which goes on to the very end of the paper, and really indents the edges of the paper—it is rather harder there, and is visible to the naked eye—it is exactly in the line in which it is written—there is no other pencil-line in that second receipt—there is a rubbing of some of the words—"o/a lot 8," is rubbed with India-rubber—I have examined the third receipt, and, as regards the writing of the two different parts, I should make the same observation—in my opinion, the "o/a lot 8," in the three, were written with the same pen and ink—in the third receipt there is very plainly to be seen under the word pounds," stretching out, and nearly losing itself in the "L," a pencil-line upon which to write—there is no pencil-line in any other part—with regard to the fourth receipt, I make the same observation as to the character of the writing as I did with regard to the others, and as to the pen and the colour of the ink—there is the slightest mark of a pencil; I cannot call it a line, but broken bits of pencil at the end—I find very little rubbing perceptible—as to the fifth receipt, I make the same observation with regard to the different character of the writing, and the ink and pen—there are no pencil-lines in that that I notice, and I see no rubbing—I have examined Edmund Salmon's signature to all the receipts—I believe they were written with the same pen and ink as the body of the receipts, omitting o/a lot 8."

COURT. Q. Who applied to you about this matter first? A. Mr. Wilkin—he did not show me the document—it was at the police-office, and he asked me to go down there and see it—I told him my opinion of it, and was then called as a witness, not before—I was merely asked to look at these writings, and see whether they were done at the same time.

HENRY ADLARD . I am an engraver, and have been in that business twenty-eight years—I have been a good deal engaged in inspecting documents to ascertain whether they are genuine or not—I examined these receipts last Wednesday at Mr. Wilkins'—they were then in the prisoner*

hands—I remarked with regard to the first receipt that the end of the line was different to the other part of it—after the word "50l.," I thought "o/a lot 8"' was written with a different pen and with different ink to the other part of the line—on close inspection I saw some lines ruled in pencil—the letter" a "in the top line is pencilled underneath, and at the loop at the bottom of the" I "there is also a pencil-mark, and there is a pencil-line ruled underneath this addition—I do not trace the ruled-line in the upper one—the end of it, the "o/a lot 8," has been rubbed, I should think, with India-rubber—it looks as if the India-rubber was greasy and dirty—I make the same observation with regard to the second receipt as to the colour of the ink of the different portions—the" o/a lot 8 "there seems to bear the same character of writing as" o/a lot 8 "in No. 1, in the same ink and with the same pen—I see a pencil-line under the second and third receipts; and my impression was that I saw it under the bottom of the fourth, but I do not see it now—in the second receipt there is a pencil-mark in the" a, "at the right of the ink—I do 'not trace any pencil-marks in the third, and I do not trace anything now under the fourth—I have not had my attention drawn to the fifth receipt—my opinion is that the ink bears the same character as the other—it is a bluer ink than the body—in the third receipt the words" o/a lot 8 "are in a lighter and bluer ink than the previous part of the receipt, and it has not been written with the same pen—it is a harder and stiffer pen—in the fourth receipt it has the same appearance—the ink is not the same colour as that in the previous part of the receipt, and it appears to be written with a different pen—the fifth receipt has the same appearance as to the ink and pen—looking at the words" o/a lot 8 "in all the receipts they appear to be written with the same pen and the same ink—it is difficult to form an opinion as to whether the signature of Edmund Salmon to all the receipts was written with the same pen that wrote the former part," Received of Mr. Cutts".—it seems to me to be the same pen and the same ink, but it is not the same handwriting.

COURT. Q. You say the commencement of all the receipts appear to be in the same ink? A. Yes; and I should say they were written at the same time; but I see the pen has failed in all the receipts in one part—it seems to me to be the same pen—there is the same fault precisely—Mr. Salmon's signature appears to be written with the same pen and ink, although it if a different writing—in the first and fourth receipts, at the turn of the letter "R," the ink has failed, and the two nibs of the pea have merely made two very fine lines, without filling the lines up, as if the ink had not run freely—the pen appears to have flowed fluently, it seems as if it had been replenished—looking at the "E" in the signature "Edmund," to the fourth receipt, it seems as if there had been blotting-paper put over it, and that has taken off a portion of the ink, which has made it paler, but I do not think it is the same colour as "o/a lot 8"—the application of blotting paper would take off the rich blackness of the ink, and make it paler—I do not think it would change the colour of the ink—the "E" is not bluer than the capital "T" in "Twenty" "T" is bluer than the "R" in "Received"—it is not as blue as the "o/a lot 8"—I am not aware that it would become bluer from being dried more quickly than the other part—the end of a line is generally written the wettest; so that if blotting-paper were applied over the whole, it would make the last words paler—I do not perceive that any blotting-paper has been over the end of the line—I judge that it has been over the other part, because the strokes are ragged, and spread—in the "o/a lot 8" I find no raggedness—I think it is a bluer ink—Mr. Wilkin called at my office, I believe, last Monday, and

requested me to attend at his office on Wednesday—I did so, and was then shown these documents for the first time—I stated my opinion to Mr. Wilkin at that time—I was never called upon to appear anywhere as a witness before I gave my opinion to Mr. Wilkin—I was alone at the time—there were three or four clerks in the room.

COURT to EDMUND SALMON. Q. When you and Mr. Boulter went to the office of Messrs. Brooksbank and Faro were any documents produced to yea? A. We looked at these receipts; I believe I took it in my hand to look at it—I should think it is about two months ago—I did take it in my hand—Mr. Boulter also took it in his hand—some one else was present, I believe, at the time; I really do not know his name: there were three of us, I know—three of us went together—it was a gentleman that Mr. Boulter introduced to me—we all three examined it—we were certainly not there more than fire minutes—I merely looked at it, and saw immediately that it was added—I looked at it accurately—Mr. Boulter looked at it about the same time as myself—he had seen it previous to that; so he informed me—he did not look at it, he merely said, "Here it is" and showed it to me, and I found it was different—we stood at a desk while looking at it—it was not a high desk, merely a bench kind of place, it was high enough to vest on while looking—the friend of Mr. Boulter also looked at it—Mr. Boulter is about the building—I have spoken to him since I went out of Court—only one of Messrs Brooksbank and Farn's clerks was present at the time we were looking at these receipts, he saw what we were about—no alteration could have been made in them without his seeing it done.

NOT GUILTY .

NEW COURT.—Monday, April 16th, 1849.

PRESENT—Mr. RECORDER; Mr. Ald. LAWRENCE; and Mr. Ald. SALOMONS.

Before Mr. Recorder and the Sixth Jury.

Reference Number: t18490409-983

983. ANN HILL , ANN WALTERS , MARY ANN FIELD , and I MARY ANN BOOTY , stealing 12 yards of cotton, value 5s.; the goods of Charles Greville Moore to which

BOOTY pleaded GUILTY . Aged 23.— Confined One Year.

MR. MELLER conducted the Prosecution.

CHARLES GREVILLE MOORE . I am a linen-draper, of London-terrace, I Hackney-road. This printed cotton is my property; here is about twelve yards; it is worth about 5s.—I saw it safe on 27th Feb., about five o'clock at my door—the officer brought it into my shop, and the prisoners.

ROBERT GIFFORD (policeman, H 89) On 27th Feb., I was on an omnibus in Kingsland-road, in plain clothes, and saw Booty come out of a lines-draper's shop and join the other three prisoners, who were standing talking I together—I got down and followed them through several streets to Hackney-road—they went to a linen-draper's shop kept by Mr. West, and commenced I pulling the things about—they then went to Mr. Moore's—I got the assistance of another officer—Hill and Field went to Mr. Moore's door and examined the things there—Booty and Walters stood about a yard from them-after standing a minute or two, Booty stooped down and threw her shawl over a piece of print at the door and carried it off under her shawl—Walters was Apparently hiding her—Hill and Field were standing at the door examining

the articles, as if to attract the notice of the shopman—I followed Booty about twenty yards—I took her into a shop; I left her there, and came out; I ran twenty or thirty yards and took Field as she was turning out of the road.

JABEZ HEFFER (policeman, N 255). I was in plain clothes with Gifford—I saw what took place as he has described—I took Walters and Hill, they said they knew nothing about it.

Walters. Q. Was I not at a stationer's shop when you took me? A. No; you were following Booty with the print—I did not see you look in a stationer's shop next door to Mr. Moore's.

Booty. I was living with a person who is now ill in the infirmary; I have not seen him for eighteen months; I have a child to support, and was in distress; I have known these other prisoners about four months; I took this article; I can assure you they did not know what I was doing; I was not aware that they saw me do it; I can swear that I had no previous arrangement with them; I was endeavouring to conceal it from them by putting the shawl over it.

MR. MELLER. Q. Had you been in company with them that morning? A. I met them in Kingsland-road—I went and took a walk and examined the goods at different shops in company with them—I cannot say they did not see me take it—I had no conversation with them on the subject.

HILL, WALTERS, and FIELD— NOT GUILTY .

Reference Number: t18490409-984

984. HENRY WILLIAM DEALY, WILLIAM TUNNARD , and JOHN TUNNARD, stealing 1 coat and other articles, value 6l.; the goods of John Dealy, in his dwelling-house: to which

DEALY pleaded GUILTY . Aged 23.— Confined One Year.

MR. PLUMPTRE conducted the Prosecution.

ELIZABETH DEALY . I am the wife of John Dealy—the prisoner is my son—we live in Walbrook-buildings, Shoreditch—I am a laundress. On Monday, 19th March, a few minutes past three o'clock, I left my house, and left no one in it but my son—I returned a few minutes before seven—I was not able to get in—when I got up stairs I found the bottom drawer broken open—I missed the articles stated, value 6l.—my husband keeps the house—it it his dwelling-house—when I went out that day I saw John Tunnard about fifty yards off; I did not speak to him, nor he to me.

WILLIAM MAYHEW . I am fifteen years old, and live at 20, Walbrook-buildings, Hoxton. On the afternoon of 19th March I saw John Tunnard; about three o'clock, about twenty yards from Mr. Dealy's, going to wards it—he was there about twenty minutes, I then saw him come back.

STEPHEN DADD . I was going up Pluminer-street on the afternoon, of the 19th March, and saw William Tunnard walking by the side of Henry Dealy very quickly, John Tunnard was running after them—it was about half-past three o'clock—Dealy was carrying something on his back in a white bag—next day I saw William Tunnard, and asked him if he was aware of the robbery that had been committed at Mr. Dealy's—he said, "No"—I told him they were the things that Henry Dealy had got on his back the day before, when he was walking by his side—he said he knew nothing at all about it.

WILLIAM HOGAN (police-sergeant, N 52). On Tuesday evening, 20th March, I took John Tunnard into custody—I told him he was suspected of being concerned with Henry Dealy in stealing a quantity of clothes—he said he had seen Dealy on Monday afternoon, and left him in Plummer-street—he

afterwards said he left him in Pimlico-walk, which is in an opposite direction—in consequence of other information I took William Tunnard—I told him he was suspected of being with Dealy in stealing a quantity of clothes—he said, "You may lock me up if you please, I know nothing about it."

SAMUEL THWAITES . I am shopman to Mr. Telfer, a pawnbroker. I produce a gown and handkerchief pawned on 19th March, between four and six o'clock in the afternoon, by two youths, in the name of John Williams—I gave the duplicate to the person who pawned them.

JAMES SWAINE . I am assistant to Miss Reed, a pawnbroker—I have a coat, waistcoat, and other things, pawned by a man I do not know—I only took in this scarf and shawl in the name of "John Williams"—I gave the duplicate to the person.

ELIZABETH DEALT re-examined. These are the articles I lost

JANE TUNNARD . I am the mother of John and William Tunnard—I live in Gloucester-buildings, Whitecross-street—my sons lived with me—Henry I Dealy sent to me to get the tickets from my son William—I went to him, and he told me he had placed the tickets in Mr. Martin's privy—I went there with I a friend and got them, and gave them to the policeman.

WILLIAM HOGAN re-examined. These duplicates correspond with the duplicates produced by the pawnbroker—there is a duplicate of a pair of boots I which I cannot recover—I was before the Magistrate, I heard William Tunnard make a statement, he was cautioned in the usual way, and signed it I in my presence—(read—The prisoner William Tunnard says, "I met Henry I Dealy coming out of Walbrook-place at twenty minutes past three o'clock; I went with him as far as Plummer-street; I asked if I should go with him; I he said, 'No, I am going to take some washing home to Islington for my I mother;' I left him, and met him on London-bridge the next day at two o'clock; he gave me the tickets in my hand, and said,' Will you take these to my mother?' I hid them in Martin's privy because I thought I should get into trouble through them."

WILLIAM and JAMES TUNNARD— NOT GUILTY .

Reference Number: t18490409-985

985. SAMUEL BARLOW , feloniously stabbing William Roberts on the left side of his breast, with intent to do him some grievous bodily harm.

WILLIAM ROBERTS . I keep a lodging-house in Upper East Smithfield—I saw the prisoner with a comrade on 29th March, about ten o'clock in the evening—when I returned home he was arguing with my wife about t a shirt that had been left for his shipmate's lodgings a night or two previous—I said if he gave the money for the shirt he should have it—he said if it was I not given to him he would break and smash everything in the place—he repeated that two or three times—I said if he meant to do anything of that sort, it would be best for him to go outside, or I should be under the necessity of putting him out—he and his companion went out, and were arguing outside for about five minutes—the prisoner then called me to the bottom of the court—he said, "Do you wish to fight? God—you"—I said, "No,"and he made a stab at me—I warded off the blow with my left arm, and my left sleeve was cut—I had received a cut in the breast—I went up to him and said, "Do you mean that?"—he made no answer—I struck him, and his shipmate dragged him away towards the London Dock gates—I got assistance, and stopped him about one hundred yards off—I left him in custody—I was told that I was stabbed; I was not aware of it; I looked and found the blood trickling down from my breast—I had not seen any instrument—I was taken to the doctor's.

Prisoner. Q. Did not you push me, and say you would knock me down? A. No—I did not whisper to one of my companions—I struck you when you gave me this blow; you were looking about, as if for a knife, after I struck you—I asked you to let me search you—I did not rob you of your handkerchief and other things.

WILLIAM ELLIOTT . I am a seaman. I was present, and heard the prisoner lay, "I will give him the length of it if he comes down the court"—Roberts-then shoved him away, and he struck him—I saw the prisoner with something bright in his hand like a knife, such as sailors use—I said he had got a knife, and then Roberts struck him, and said, "You are searching for a knife, are you"—he would not allow Roberts to search him—I did not see that Roberts was wounded till afterwards—the prisoner's shipmate hauled him away—Roberts had not struck the prisoner before the prisoner struck him; he only shoved him away, and told him to go about his business.

JOHN HORIGAN (policeman, H 173). Elliot called me, I came up, and saw Roberts and another young man holding the prisoner by both hands—Roberts said he had stabbed him, and that he had a knife—the prisoner said he had no knife, and he did not stab him—Roberts was wounded—the prisoner was very violent, and endeavoured to escape.

Prisoner. Q. Was I not making a violent resistance to get to you? A. No; you were trying to pull away from them—they were not striking you.

MART ANN WILLIAMS . I found this dagger on the 29th March, about ten yards from where Roberts was stabbed, in the road opposite the London Dock entrance, covered with blood and mud—I took it home, and gave it to my landlady—it was given to the officer—the prisoner bad passed over the spot. JAMES JOHNSTON BROWN. I am a surgeon, of Upper East Smithfield—Roberts came to me with a punctured wound on the chest, between one and two inches deep, striking the fifth rib, and glancing downwards—it was dangerous—if it had not glanced off the rib, the probability is that it would have punctured the heart—such an instrument as this dagger would no doubt have produced it

Prisoner's Defence, I and Dixon went from the ship Northumberland to Mr. Massie, a tailor, for a shirt which Dixon had bought, value 6s. 6d.; as we were returning to our ship a female accosted us, and took the shirt from Dixon, and took it to the house where I first saw Roberts; next night Dixon asked me to accompany him, to endeavour to recover his shirt, as the ship was to sail next morning at four o'clock; we went to the house and asked for the shirt; they said it was sold; we then said that we would go for a police officer; we went to the door, and Roberts came up the court and went into the house; the female that took the shirt followed us to the door; I said if she did not return it I would get a police-officer and have the house turned inside out; Roberts came out with the other female and began to ill-use me; I went down the court for a policeman; he followed me and whispered something to a man there, and then came and struck me on the side of the head; I asked him what cause I had given him to strike me in the way he did; he then gave me another violent blow on the head, which stunned me, on account of my having my head fractured; some one unknown to me came and took me away, and told me to get a police-officer, and as I walked down the street about fifteen minutes afterwards, Roberts came and said I had stabbed him; the officer searched me, and took me to the station; he robbed me of a pocket handkerchief.

CORNELIUS FOAY (police-serjeant H 7). The prisoner was searched—no money or handkerchief was found on him.

JOHN HORTGAN re-examined. His pockets were empty—he said some person took a silk handkerchief from him—they said the dispute was about a shirt.

COURT to WILLIAM ROBERTS. Q. Who was in the house? A. My wife, the prisoner, and his shipmate; the shirt was left, in my presence, a night or two previous for his lodging—I never saw the prisoner till that evening, he never slept in the house—I had not struck him—I cannot say whether I pushed him—he called me down, and I went expecting to get the shilling—it was not on my pushing him that he asked if I meant to fight—I do not recollect that I pushed him—he called me to the bottom of the court, and said, "God d—n you, take that," and struck me.

MARIA FORD . I live with Roberts—I was there when the prisoner and hit companion called about a shirt—there was no other female there—I went to the door and told the prisoner he should have the shirt when he paid the money that was owing, either him or the young man that left it—he did not ask for the shirt; he stood by and the prisoner asked for it—it had been left with me a night or two before—it was not taken from under his arm—I did not take it in the street, nor send another woman to do it—it was a new blue shirt, worth 3s. 6d., and the young man came a night or two afterward, and said it belonged to him—I said, when the money was paid I would deliver it up to either of them—Roberts did not push the man down the court—he asked Roberts to go down to the bottom of the court, he wanted to speak to him, in a very rough kind of way—he went down—I followed, and heard the prisoner say, "I will give it him; I will put it into him as far as I can"—he said he was going away next morning, and he would have the shirt, or pull the house down.

Prisoner. The woman that took the shirt from my mate's arm in the street was sitting asleep there—I said, "Wake the girl up and ask her for the shirt"—she was sitting on the sofa. Witness. There was no female, nor do I recollect waking any female—there was no young woman in the house—there was a young woman there about two hours before—we keep a brothel—the young man left it with me till he could come and pay the money, and this man came and demanded it without money.

GUILTY . Aged 19.—Recommended to mercy by the Jury.— Confined

Three Months.

Reference Number: t18490409-986

986. JOHN WILSON, CHARLES FLAXTON , and JOHN SUMNER , breaking and entering the dwelling-house of Hugh Stephens Augarde, and stealing 4 waistscoats and other goods, value 51.7s.; the goods of Moses Teixeira de Mattos: and 2 waistcoats and other goods, value 8l. 2s.; the goods of Hugh Stephens Augarde: to which

WILSON pleaded GUILTY .— Transported for Ten Years.

MR. MILLER conducted the Prosecution.

HUGH STEPHENS AUGARDE . I live at 16, Brownlow-street, Haggerston. On Sunday afternoon, 25th Feb., I left my house safe between two and three o'clock in the afternoon—Mr. De Mattos lodged with me—he went out before me—my street-door was double-locked, and everything perfectly safe—I returned about eleven or a quarter-past—I found a policeman in possession of the house: it had been broken into—I found a desk broken open, and the papers were scattered about the room—the bed-room was ill in confusion—I missed the property stated—I saw a crow-bar there—I have only found a small part of my property.

MOSES TEIXSIRA DE MATTOS . I reside with Mr. Augarde—I went out that Sunday between two and three o'clock—I returned about half-past eleven in the evening after Mr. Augarde—I found the house had been broken, and every box of mine had been broken open.

EDWARD BARBER (policeman, N 387). On Sunday night, 25th Feb., at half-past seven, I was on duty at Haggerston; Langdon was with me—I saw three men loitering about Mr. Augarde's house, two of them were Wilson and Sumner, I had not known Sumner before—we watched them some little time and lost sight of them—about twenty minutes after, we came round the corner of Brownlow-street, and saw the same three men coming out of Mr. Augarde's door—I am not certain whether Flax ton was the third man; it was a tall man—they were each carrying something on their arms—Wilson had this stick in his hand and this coat on his arm—they were coming towards us till they saw us, and then they started off, and ran in another direction—I followed and overtook Wilson, but previous to that he had thrown this cane and coat down—the others had thrown these handkerchiefs and other things down—I brought Wilson back—Langdon picked ip my bat and Wilson's, they had both fallen off when we fell—some things were taken out of Wilson's hat—I found three latch-keys on Wilson—there were no marks of violence at the house—I found this crow-bar in the bed-room—the drawers and boxes had been broken open.

Cross-examined by MR. PAYNE. Q. The other men went away and you did not see them again? A. Not at the moment

GEORGE LANGDON (policeman, N 265). I was on duty with Barber, and taw Wilson and Sumner and a tall man loitering about a considerable time—we followed them to Albion-square, where there are some unfinished houses, two hundred yards from Mr. Augarde's'; I these lost sight of them—we saw them again in about half-an-hour coming from Mr. Augarde's door—Wilson had this coat and cane—the others appeared to have something across their arms, but it was dark—they observed us and started off, throwing the things in different directions—I pursued Sumner into Albion-square, where I lost sight of him—I was within forty or fifty yards of him—I saw him throw things away—I returned, took up Wilson's hat, and found in it these things (produced)—I went to Kingsland-road, and saw Flaxton and Sumner walking very fast towards London, about eight o'clock, three or four hundred yards from the house—I stopped Sumner, told him I was a police-constable and I wanted him, and that he had just made his escape from Albion-square—Flaxton said, "I don't know what you are talking about"—Sumner said nothing—I took them down to the station—I have not the slightest doubt of Sumner—I saw him twice in Brownlow-street that evening, and was close enough to ouch him—it was eight o'clock.

Cross-examined. Q. Did not Flaxton say, "If you want him you want me too?" A. No; Flaxton followed to the station—I was before the Magistrate—I believe Mr. Robinson attended for the prisoners—I think there were witnesses there the last time to prove where Sumner and Flaxton were—I found a key in Flaxton's pocket—I believe an officer at the Court said Sumner had been summarily convicted.

JAMES PLAYPORD (policeman, N 470). I was in Brownlow-street on Sunday evening 25th Feb.—I saw Flaxton and two others in Mark-street, Haggerston—I followed them to Brownlow-street—I was so near to Flaxton I almost touched him—I am certain he is the man—I looked at him twice—I had never seen him before, it was between seven and half-past—I saw them standing against Mr. Augarde's door—I was then about twenty yards

from them, they could not see me, I was behind a cart in a mews—I never saw them carrying anything.

MR. PAYNE called

ALFRED WRIGHT . I am Flaxton's cousin. On Sunday, 25th Feb. I was at my aunt's, Mrs. Flaxton's, No. 1, York-place, Hoxton, while she went to Church—I went there about five o'clock to tea—I was in company with Sumner and Flaxton at my aunt's that evening from five till a quarter-past seven, when they went away to the Red Cow—I do not exactly know Brownlow-street—I know partly where it lies—I should not think it could be much more than a mile from there—I attended at the police-office on the Saturday and Monday following, to give my evidence if called on.

Cross-examined by MR. MELLR Q. Did you tender your evidence? A. I believe Mr. Robinson, the solicitor, did—I offered myself as a witness to my friends, the Magistrate would not hear any—I am a bookbinder's assistant—my last situation was with Mr. Spencer, of Bridgewater-square—I am at present out of employ—my aunt and father-in-law support me—I live with them, at 89, Phillips-street, Kingsland-road—I went to my aunt's that Sunday, at five o'clock—Flaxton and Sumner were there when I got there—the tea was made while I was there—my aunt was there—the prisoners left at a quarter-past seven—I noticed the time—they said they were going to the Red Cow at Dalston, and they expected they should not be more than an hour—I knew the hour they went out, because I went up stairs to fasten the door, and noticed the time—there is a clock in the right-hand corner of the parlour—it is a correct clock, it never deceived me—I looked at it because they told me they should not be more than an hour, and I was to wait till they came back—I swear I never saw them in Wilson's company—I do not know Wilson—they were not doing anything particular while they were at my aunt's—we were having a private conversation between ourselves—we were sitting in the kitchen, below the parlour—my aunt and several cousins (children) were there—I have an uncle, but he was in bed—there was no particular conversation, only that they were going to the Red Cow—Sumner was going to William Flaxton's sister, at the Red Cow—I believe she is in the habit of going out with Sumner, and she had been out with another young man, and they were going to watch her—I have never been in trouble, nor in a police-station, in my life.

MR. PAYNE. Q. What became of your aunt? A. She went to Church—she wished me to stay at home and mind the house, and take care of my little cousins—I went up with these men to fasten the door—I knew that Sumner was rather sweet on Miss Alice, and she went to the Red Cow—Sumner went to watch her, and Flaxton went with him.

COURT. Q. What time did your aunt go to Church? A. About six, or a little after, after she had cleared away the tea-things—Sumner and Flaxton knew that Alice was going to the Red Cow—she lives at my aunt's, but had not been at home to tea—I did not see her at all—they thought she was going to the Red Cow, and waited an hour and a quarter, and went after her—I expect that they knew the time that she expected to be there—I staid till my aunt came home, about half-past eight—my uncle awoke about nine.

MARTHA EDMONDS . I keep a tobacconist's shop, at 19, Hoxton Old Town. Flaxton lives next door to me, only down a court, but their house joins to mine—on Sunday, 25th Feb., Sumner and Flaxton came to my shop—Sumner came inside; Flaxton was at the cill of the door—Sumner said, "Is your clock right?"—I said it was ten minutes too fast, and my clock was half-past seven—they said they were going as far as the Red Cow, at Dalston;

to watch Flaxton's sister, Alice—Sumner was in the habit of coming to my house—he was mostly in the habit of saying, "Is your clock right?"

Cross-examined by MR. MELLER. Q. What is there which seems to have so great an attraction in your place? A. He was in the habit of fetching ray goods; I have trusted him, and would again, with untold gold—I am married, and reside with my husband, a tobacconist—he is engaged out of doors from eight o'clock in the morning till nine o'clock in the evening—I sell sweetmeats—I never saw Wilson till he was at the office—I do not keep a bagatelle-table; my clock is generally ten minutes too fast—I can hear Shoreditch clock strike—Mrs. Collins, a person whom I have left to-day to mind my shop, was there that evening and saw Flaxton—she heard my remark as to the time—she does not know much of Flaxton—she bad seen him two or three times—she said, "Is that young Flaxton?"—I shall have lived in that place twelve years next Nov.; I was in private lodgings before.

JAMES CUBE . I am barman at the White Hart, in Hoxton, about four minutes' walk from where Flaxton and his wife live, about a hundred and forty yards—in going from their house to the Red Cow, they would pass our house—I remember on a Sunday night Flaxton and Sumner calling there—I do not know exactly the day of the month—I attended the police-court on the following Saturday—it was the Sunday before that, that they came—Flaxton's mother called on me next morning, and inquired whether her son had been there overnight—I had seen them the night before—she called at twenty-five minutes past seven o'clock—I have known Flaxton personally about sixteen years, and Sumner about three years; they have borne good characters—I served them that night with half-a-quarten of gin and a pick wick—they did not remain long; they went away.

COURT. Q. How came you to look at the time? A. They asked whether our time was right; and our clock stands so that they cannot well avoid looking at it.

RICHARD DOWLING . I am waiter at the Red Cow, Dalston. On Sunday, 25th Feb., between five and ten minutes to eight o'clock, I saw Flaxton and Sumner at our gardens—I looked at the clock—Flaxton's sister, Alice, was there; I attended at the police-court.

COURT. Q. What made you look at the clock? A. I go out with my beer between five and ten minutes to eight o'clock; nobody asked me what o'clock it was.

Cross-examined by MR. MELLER. Q. How long have you been waiter at the Red Cow? A. Fifteen months; before that I was waiter at the White Lion, at Enfield—I had a character from my last place—there was nobody with me on the evening in question—I waited on Sumner and Flaxton; they had a pint of ale at the bar—I never saw Wilson before—they remained but a few minutes at the bar; they then went into the gardens—I left them there when I went out with my beer—I do not know Brownlow-street—I was applied to next day to give my evidence—two young men came to me the next afternoon: I do not know who they were, I should know them if I saw them—I did not know that Sumner and Flaxton were in custody till they told me; they told me where the robbery was committed—the young woman was at the Red Cow that evening; she came about half-past seven o'clock—the young woman, and three more young women, and three young men, and the two prisoners, went into the gardens.

JOHN CHAMPION . On Sunday evening, 25th Feb., I was at the Red Cow Gardens—Miss Flaxton was there, and two more young ladies, and Sumner

and Flaxton—I heard the clock strike while I was in the garden—I attended at the police-court to give my evidence—Sumner and Flaxton spoke to Alice—they remained there; it might have been about a quarter of an hour—they did not take Alice home with them—she was not with anybody particularly—she might have been with me—I took her home.

ALICE FLAXTON . I am the sister of Charles Flaxton. On 25th Feb. I was at the gardens at the Red Cow, at Dalston—I saw my brother and Sumner there about eight o'clock, to the best of my recollection—I believe Sumner was rather partial to me—I cannot say how long they remained there, I should say a quarter of an hour, or twenty minutes—I cannot say what time I went to the gardens.

COURT. Q. What time did you get there? A. It was past seven o'clock—I went from my mother's house—I left there about half-past six o'clock-my cousin, Alfred Wright, was there, and the family—I drank tea with them, and they saw me go out—I did not tell them where I was going; I told my mother—I went out before my mother—I left her there at half-past six.

WILLIAM HACKETT . I live at 191, High-street, Hoxton—I know Sumner and Flaxton, and Flax ton's father—he is a watchman—my shop is a stationer's; it is opened on Sundays—Flaxton and Sumner frequently come to my house on Sunday nights to put up the shutters—they have done so frequently for these two years past—my shop is about 100 yards from the mother's—in coming from Dalston to my house persons would have to go along Kingsland-road—they have borne a good character as far as I know—the father was paid for putting the shutters up, and when he did not come, they were paid—my shutters are put up from nine o'clock to half-past nine—we sell newspapers and stationery—the prisoner carried out newspapers for me, nothing else.

JOHN WILSON —(the Prisoner, sworn), These two prisoners were not with me on the night of Sunday, 25th February—they are not acquaintances of mine—I never saw them before.

COURT. Q. Who were the persons that were with you that got awiy? A. I do not wish to answer—there were two men: I do not know them—I had not known them above a week—I do not know their names—one was called Bill and the other Tom. Sumner received a good character.)

FLAXTON and SUMNER— NOT GUILTY .

Reference Number: t18490409-987

987. EMMA FORD and JANE HOWDEN , robbery on Andrew Henry Moody, and stealing from his person 1 half-crown, 6 shillings, and 4 sixpences, his moneys. MR. EWART conducted the Prosecution,

Andrew Henry Moody did not appear.

CHALKS HATTON (policeman, G 203). I was on duty in Field-lane on the night of 13th March—I was attracted by some cries from No. 1, West-street—I listened and heard some one cry, "Let me go; let me get up"—I pushed the door open, and saw the prisoners on Moody, striking him—when they saw me, they both sprang off him—he came to me and said he had been robbed of a half-crown and ten shillings—he said they had bitten his hand; there were the marks on it—he said his name was Andrew Henry Moody—he was intoxicated, but was capable of knowing what he was doing—the prisoners said they had not robbed him, and they called him a thief—it is a brothel—nothing was found on the prisoners—their violence was excessive—the man was quite exhausted.

Cross-examined by MR. HORRY. Q. Were there two other women in the

Room? A. Yes; but only the prisoners were beating him—they said the; knew nothing of what had happened.

FORD. Aged. 26

HOWDEN. Aged. 21.

GUILTY of an Assault. — Confined One Year

THIRD COURT.—Monday, April 16th 1849.

PRESENT—Mr. Ald. LAWRENCE; Mr. Ald. SALOMONS; Mr. Ald. CARDEN; and EDWARD BULLOCK, Esq.

Before Edward Bullock, Esq., and the Fistt Jury.

Reference Number: t18490409-988

988. JOHN MCCARTHY , stealing 1 handkerchief, value 2s. 6d.; the goods of a man unknown, from his person; having been before convicted.

ROBERT RANDALL . I live in Goodman's-fields. On 20th March, about ten minutes past three o'clock, I was on Tower-hill, looking at the soldiers, and saw the prisoner take a handkerchief from a gentleman's pocket, and put it into his trowsers pocket—the gentleman walked away—I gave the prisoner in charge.

WILLIAM COOPER (policeman, H 198). Randall pointed out the prisoner to me—he ran away, a man stopped him—I took him, and felt his pockets, bat could find no handkerchief—he said he had not taken no handkerchief—we had not walked many yards before it came out at the bottom of his trowsers—he said at the station a man gave it him.

DANIEL LYONS (policeman). I produce a certificate of the prisoner's conviction—(read—Convicted Aug., 1847—having been before convicted—confined twelve months)—I was present—he is the person.

GUILTY . Aged 20.— Transported for Seven Years.

Reference Number: t18490409-989

989. CHARLES GARRETT , stealing 1 waistcoat, value 1s. the goods of James Hampton; having been before convicted.

JAMES HAMPTON, I live at Granville-place, Clerkenwell—the prisoner lodged with me about five weeks, and left on 5th March, and in three or four days I missed a waistcoat, which I had seen safe about a week before he left—this is it (produced)—I met him with it on, and gave him in custody on another charge.

Prisoner. You sold it to me. Witness. No; I did not.

SAMUEL MARKS (policeman). I took the prisoner.

WILLIAM DAWSON . I produce a certificate—(read—Charles Garrett convicted Feb., 1848—confined six months)—I was present—he is the man. GUILTY . Aged 18.— Confined TWELVE Months.

Reference Number: t18490409-990

990. HENRY GILLINGHAM , stealing 1 cistern, value 10s.; the goods of Elisha Underwood, his master.

GEORGE RODWELL (policeman, B 205). On 22d March I went to a marine store-dealer's shop in Tothill-street, and saw the prisoner with a leaden cistern in the scale; I asked him how he came by it, he said he had it from 47, Regent-street, where he had been cleaning a house for Mr. Underwood, who gave it him.

ELISHA UNDERWOOD . 1 sell beer—the prisoner was in my service about six months—this cistern is mine—I do not know when it was taken, as it was fixed in a wooden case—I did not give it to the prisoner to sell.

GUILTY . Aged 27.— Confined Three Months.

Reference Number: t18490409-991

991. JOHN KING , stealing 1 chest, 20lbs. of coffee, and 2 tablets, value 21.5s. 6d.; the goods of Robert Snowden; having been before convicted.

WILLIAM WAKEFIELD . I assist Robert Snowden, my brother-in-law. On 12th March, about a quarter-past five o'clock, I saw this chest in the street, with some coffee and two show-tablets in it, ready for Pickford's to take away, with other cases—somebody told me something, I opened the door and a boy pointed out the prisoner; I followed him, he ran, was stopped, and I took him—I passed the chest as I ran—it is worth 2l. 5s., and is Robert Snowden's property.

WILLIAM WRIGHT . I am errand-boy to Mr. Robert Snowden. About a quarter-past four, on 12th March, I was up-stairs, cleaning windows—I heard my mistress holloa; went down, and saw the prisoner drop the chest of coffee about twelve yards from the house—I called Stop thief!" and pointed him out to Mr. Wakefield; a cabman stopped him—I ran too, and did not lose sight of him—I am sure he is the man.

THOMAS EVANS (policeman, G 145). The prisoner was brought to the station—I told him the charge; he said he knew nothing about it, he was merely passing along—he was very much out of breath.

EDWARD RICH ('policeman, G 122). On the afternoon of 12th Feb. I was at home, and saw the prisoner and two others loitering about—the prisoner took this chest—I was lame but I opened the window and sprung my rattle, and called "Stop thief!"—he dropped it and ran away.

JAMES BRANNAN (police-inspector). I produce a certificate (read—Joseph Holland, convicted Dec, 1847; confined one month)—I was present—the prisoner is the man.

GUILTY .** Aged 28. Transported for Seven Years.

Reference Number: t18490409-992

992. WILLIAM PORTER , stealing 2s. 6d.; the moneys of William Catley, his master.

SARAH CATLEY . Jam wife of William Catley, of 35, Little Church-street—the prisoner was in his employ—on 9th April I gave him half-a-crown to get changed—he never came back to breakfast—the policeman brought him about half-past twelve o'clock.

WILLIAM CLEMENTS . I work for Mr. Catley—I went after the prisoner and found him at Chalk-farm fair—I said I had come for the half-crown, and asked him to come back—he said he should come back when he liked; he bad lost it—I gave him in charge.

ROBERT GODFREY (policeman). I took the prisoner—he said he had lost the money—I found 1s. 5d. on him.

Prisoner I am sorry I did it—I was going to buy a new shirt with it.

GUILTY . Aged 18.—Strongly recommended to mercy.— Confined One Month ,

Reference Number: t18490409-993

993. MARY KINSDALE and ALBERT PRIOR , stealing 1 watch and 2 seals, value 61. 10.?.; the goods of Robert Harvey, from his person.

ROBERT HARVEY (policeman D 48). On 29th March, at night, I was in Birdcage-walk, in plain clothes, going home, and saw and passed Prior and another man—I went on a short distance, and met Hicks, the policeman, on the beat—I spoke to him and looked at my watch; it was seven minutes past eleven o'clock—I put it in my waistcoat-pocket—my coat was buttoned one button at the top, it was single-breasted—the watch was attached to a silk guard round my neck—I then passed Kinsdale—she was about twenty yards from Prior—I walked past her about twelve yards—Hicks said something and I went back and looked at her—she said something I did not understand,

threw one arm round me and said, "Come along with me, my dear"—the kept running against me till I went against the iron railings, and then heard the click of scissors—I collared her, and said, "You have got my watch"—she coughed—Prior and another man came up and said, "Do not hurt the poor woman"—she had the watch in her hand, and offered it to Prior, who put out his hand to take it—I struck her on the face and knocked her down, as she fell she threw the watch out of her hand—I sprang at Prior and said, "I will have you too," but he pulled himself away and ran—I picked the watch up three or four yards off—a gentleman came up, picked up the seals, and gave them to me—these are them; they are mine, and the watch—I found part of the guard round my neck and the other part on the watch—Prior and his companion joined two females, and went on as if nothing had happened—I pointed him out to Hicks—Prior said I was mistaken, he was a gentleman, and if he was locked up it should cost me some money.

Cross-examined by MR. O'BRIEN. Q. Did you turn round and look at Kinsdale? A. After I had passed her twelve yards—there was no conversation between us—Hicks did not go back with me; he went slowly on—I went back in consequence of what he told me, to see if I knew Kinsdale—I did know her—she gave me no trouble to take her—she called "Police!" and "Murder!" as she fell—Prior had come up before that; he was there when I knocked her down—I should not have done so if she had been by herself—I did not stand over her—I will not swear I saw the watch in her hand, but I saw something shining—I told the Magistrate so.

THOMAS HICKS (policeman, A 57). On the evening of 29th March I was in Birdcage-walk, and saw Kinsdale and a young man who told me something, and I watched her—Prior and another man walked on behind, twenty yards off, or little more—Harvey overtook me, and we walked together past Kinsdale—when about eight or ten yards from her, Harvey turned back, and I looked round—I was then about twenty yards from them, and saw Kinsdale catch hold of Harvey round the middle—in about two minutes she screamed "Police! Murder!"—I ran up and said, "What is the matter?" he said, "I have been robbed; go and take that man," pointing to one—I went after him; another man who was with him ran away—I caught Prior—he did not run—he said, "What is the matter?"—I took him back and took Kinsdale.

Cross-examined. Q. Why did you turn round? A. Because I did not like the looks of the woman—three or four persons ran at the cry of "Police," Kinsdale was then on the ground, and Prior was walking across the road, about thirty yards off.

JAMBS MARTIN (policeman, A 124). I was on duty at the station when the prisoners were brought—they were placed in cells next to each other—in consequence of directions I placed myself in an adjoining cell and heard their conversation—I made this memorandum afterwards, as they were all crack words, but I recollect it without that—Prior said, "I ought not to have said I came from the other side of the lombard"—Kinsdale said, "You have done it, and there is ten stretch hanging to your house" (meaning ten years)—Kinsdale said something I could not hear, the last words were,"don't you tumble"—he said "earwig, earwig," (meaning somebody listening)—they were then silent—she then said, "We can make up our minds for ten stretch each;" he said, ""No"—she said, "It is all your fault;" he said,"You ought to have walked"—she said, "How could I? when I was knocked down; I ought to have cracked the head, ought not I?" he said, "Never mind, it is no consequence now."

Cross-examined. Q. Who told you to watch? A. I was placed there by

Inspector Land, to see that there was no strangulation; he told me to place, myself so that I could hear and see what passed—I had never done so before—I was there about an hour—I wrote it down afterwards in the station—the serjeant and a constable were there—I did not tell them what I was writing; I told them afterwards.

WILLIAM MUNN . I was in Birdcage-walk about ten minutes past eleven o'clock, taking two females home, and saw Harvey with Kinsdale in his arms—Prior and another man were there, and said, "Don't hurt the woman,"—Harvey knocked her down—Prior said, "The d----d fool is mad; the man is mad"—they then went, at a gentle pace, along the road—I kept my eye on them—Hicks came up and ran after them—he dodged the other man round the path, and fell on the pavement—I kept my eye on Prior and gave him in charge.

Cross-examined. Q. How far did Hicks run after the other man? A. Twenty yards; we were about sixty yards from where Kinsdale lay.

HENRY HUNT (policeman, M 82). I produce a certificate—(read—Albert Grainger, convicted Dec. 1845, of stealing a watch from the person, cmfined six months)—I was present—Prior is the man.

KINSDALE— GUILTY .—

Aged 28— Confined Twelve Months.

PRIOR— GUILTY .* Aged 28.— Transported for Ten Years.

Reference Number: t18490409-994

994. CHARLES WELLS was indicted for bigamy.

ROBERT JOHN LETTICE . I am acting parish-clerk of St. Pancras; I produce the registry. On 2d Feb., 1838, I find the marriage of Charles Wells and Halley Burke by banns.

JOHN YATES . In Feb., 1838, I was beadle of St. Pancras—I find my name here as a witness to this marriage—I can swear to the woman, and believe the prisoner to be the man.

Cross-examined by MR. ROBINSON. Q. How many hundred couples have you seen married since. A. It it impossible for me to say.

JOHN POOLEY (policeman). On 6th March, Halley Wells came to the station and told me something, in consequence of which I took the prisoner; he said he was very glad she gave him in charge, for he wished to have it settled one way or the other.

NOT GUILTY .

Reference Number: t18490409-995

995. HENRY HAYMAN and LANCELOT WILSON , feloniously cutting and wounding John Hughes on the thigh, on the High seas, with intent to do him some grievous bodily harm.

(Mr. Ross, surgeon, stating that John Hughes was too ill to be examined, the COURT discharged the Jury from giving any verdict,)

Reference Number: t18490409-996

996. WILLIAM WILLIS , stealing two table-cloths and five napkins, value 11.; the goods of John Walton; 3d and 4th COUNTS, of Edward Ellice and othe rs.

THOMAS BALCHIN (City-policeman 618). About six o'clock on the evening of 4th April, I saw the prisoner in Petticoat-lane, with this bundle, and watched him into the Clothes' Exchange, and from thence to Carter-street—I asked him what he had got; he said some clothes—I examined the bundle and found these five dinner napkins and two table-cloths (produced).

DAWSON POULTER . I am clerk to the Reform Club—one of these napkins is the property of the Right Hon. Edward Ellice and others, the trustees of the Club—Walton is the husband of the laundress, who washes for the club—the whole of the napkins and table-cloths have the Reform Club mark on them, but I can only swear to this one as I marked it myself—they are made

expressly for the club, but the manufacturer may have sold others like them.

DENNIS CALLAGHAN . I am a carrier—at four o'clock on 24th March, I put two baskets of linen, from the Reform Club, into my cart, to take to my mistress, who is the wife of John Walton—I went into the Junior Club with another basket of linen, and, while there, somebody took away cart, horse and all—that was at a quarter-past four o'clock.

MARY FRENCH . I am housekeeper to the Reform Club—these articles are their property—I counted the articles myself, and put them into the basket—I saw Callaghan take them away.

Prisoner's Defence. I saw them publicly exposed in Petticoat-lane, and bought them to turn a penny.

NOT GUILTY .

Reference Number: t18490409-997

997. EDWARD MOORE and CAROLINE BICKERS , stealing 2 capes, 1 shawl, and 1 victorine, value 3s. 6d.; the goods of Helen Mary Stocker: 1 shirt, 1 waistcoat, and other articles, value 16s. 6d.; the goods of Thomas Bliss Stocker : to which BICKERSpleaded

GUILTY .

Aged 20.—Recommended to mercy.— Confined Six Months.

THOMAS BLISS STOCKER . I live at Kentish-town; Bickers was my apprentice. On 24th Jan. I went to Church, leaving her at home—I came back about eight o'clock in the evening, and she was not there—I missed the articles stated—I had had the scarf safe within a week, and had spoken to Bickers about it—I said, "How is it that there is no one but you in the house, and this is the second scarf that is missing"—she said she knew nothing about it, where could she take it to—on 29th March I went with a policeman to 9, Tottenham-place, and found her lodging—there; and in a box, which I knew to be hers, I found these things (produced)—she acknowledged it—Moore was not there.

HELEN MARY STOCKER . I am the daughter of the last witness—this dress is my mother's, this cardinal and victorine are mine, and this shirt my father's—these blinds were safe in a drawer in my bed-room a day or two before Bickers left—the dress she has on is stolen.

WILLIAM RANSLEY (policeman, S 61). I went with Mr. Stocker to 9, Tottenham-place, and saw Bickers—I found these things, some in her boxes, and some in Moore's—I went again about a quarter-past four o'clock, and found Moore in the back kitchen—he said, "I suppose you are the man who has taken my wife away"—I said I had taken a female away, and must trouble him to go with me to the station—he said, "I will go; did you take anything out of that box?"—I said, "No"—he said, "Did you take anything out of that one?"—I said, "Yes"—he said, "That is my box"—going to the station I said I thought it was very foolish for him to have a young girl like her there—he said she was his wife, and then that she was not—he said he assisted in bringing the boxes away, but he did not know that any of the contents were stolen.

Moore's Defence. I am a widower; I fell into company with Bickers, and she said she had got a bad master and mistress, and no father or mother; and if I were willing she would come and live with me as my wife, and act as a mother to my child, to which I agreed; two or three weeks afterwards she asked me if I was in the same mind; I said, "Yes;" she said she would tell me when her month, or quarter, would be up, and if I would come at seven o'clock in the evening and fetch her things, she would go home with me; I brought her home on 24th Feb., I gave every thing into her possession, and

she said she would put my things to rights, and I have never looked into my boxes since; she has put some of my clothes into her boxes, and some of hers into mine; she said her master gave her the cloak.

MOORE— NOT GUILTY .

Reference Number: t18490409-998

998. JOHN STONE , stealing 1 iron gate, value 10s., fixed in a place dedicated to public use.

SAMUEL WEBBER . I am park-keeper of Victoria Park. On 8th April, about half-past eight o'clock in the afternoon, I followed the prisoner in the park with an iron gate; he left the park and went into a field—I asked him where he got the gate; he said a man gave it him, he dropped it, and attempted to start—I took him to the station, and found that the gate oame from the centre of the park.

THOMAS HENDRICK (policem an). Webber called me, and I took the prisoner—he said he was employed by a man to carry the gate for 6d.

GUILTY .* Aged 35.— Confined Six Months

Reference Number: t18490409-999

999. WILLIAM SMITH and ELIZA BUSHNELL , stealing 46 yards of silk, value 6l.; the goods of Joseph Hardwick, in his dwelling-house.

MR. ROBINSON conducted the Prosecution,

WILLIAM WARMAN . I am assistant to Joseph Hardwick, of 107, New Bond-street, linendraper On Saturday, 10th March, about half-past seven o'clock in the evening, Bushnell came and inquired for some Jenny Lind caps—we did not keep them—she went out and said something to Smith, who was outside, they both entered, and Bushnell asked for some white cotton stockings—she selected a pair, and then bought a white cambric handkerchief—Smith asked to look at some silk handkerchiefs, and selected one—he paid 9s., which the things came to—I packed up the parcel, and they rose to go away, and then Smith requested to be shown some silk dresses; I showed them some—Smith wanted something of a chocolate-striped colour—I showed them about twenty dresses, and said we had none of that description—they requested me to cut patterns of some which I had shown them—I packed some patterns up, and they rose up, and went five or six yards down the shop, when Bushnell said she wanted three or four yards of the pink silk for a child's frock; they both returned, and I cut off three yards and a half—Smith said "We must have some lining for it"—I went about six yards off and got the lining, which, with the silk, came to 12s. 6d.—I packed them up, and Smith paid me—Bushnell then stooped down—I asked what she was looking for; she said, "For a sixpence"—I went round the counter, and saw the corner of a silk dress projecting from under her shawl—I took it from her, and called a servant to search her—Smith rushed towards the door and tried to escape, a young man caught him, he came back, fell on his knees, and implored me to overlook it, and offered to pay any amount of money—I said I could do nothing of the kind—Bushnell went to a part of the counter where there were no silks and appeared to lean on it; when she moved, these two silk dresses were there, folded up in a way in which we never keep them—they were some I had shown her—Smith asked her if she had paid for those silks—I said he knew very well she had not—she was given in charge—these silks are worth 6l.

Cross-examined by MR. BALLANTINE. Q. Has Mr. Hardwick any partner. A. No—there are silks infinitely more expensive than these.

Cross-examined by MR. PARRY. Q. The dresses were all in a heap on the I counter? A. No, there were not more than three or four on one another—they were not scattered about in three or four places—the two silks I found were

about a yard from the others, I am confident—I am not mistaken about them, because it was at the very place where I had packed up the parcel.

ALFRED WILLIAM EVANS (policeman, E 106). I took the prisoners, and produce the silks.

Cross-examined by MR. BALLANTINE. Q. The man was Tery much agitated? A. Yes, and the woman also.

SMITH— GUILTY .** Aged 22.— Transported for Seven Years

BUSHNELL— GUILTY . Aged 24.— Confined Twelve Months.

OLD COURT—Tuesday, April 17th, 1849.

PRESENT—Mr. Ald. GIBBS; MR. RECOEDBE; Mr. Ald. WILLIAM HUNTER; Mr. Ald. CHALLIS; Mr. Ald. SIDNEY; and Mr. Ald. CARDEN.

Before Mr. Recorder and the Third Jury.

Reference Number: t18490409-1000

1000. ELIZA WAGHORN , feloniously cutting and wounding Charles Gibson on the throat, with intent to murder him.—2d COUNT, with intent to do him grievous bodily harm. MR. ROBINSON conducted the Prosecution.

JEMIMA BROWN . I am single, and occupy the first-floor front room at 2, New-court, Nicol-street, Bethnal-green—the prisoner lived next door, on the ground-floor. On the morning of 27th Feb., between two and three o'clock, a man named Sadler was in my room—he left me, and went down stairs in his shirt—Mary Day threw his trowsers down after him—I went down to look for a constable, and saw Gibson fighting with Sadler—Sadler came up-stairs again, and Gibson too—he was drunk—he tried to get into my room, but did not succeed—he then went over to Morris's room—I went out, and went down stairs—the prisoner rushed up-stairs into Morris's room, and said, "Oh you b—black mare!"—she ran to the dresser and took up a knife—Morris ran down stairs, and the prisoner after her, and she caught sight of Gibson, who was standing in his shirt, between Nos. 1 and 2 in the court, looking up to the window, and she drew the knife across his throat-Morris was at the bottom of the court, looking for a constable—it appeared to me that in the dark the prisoner mistook Gibson for Morris—when she had done it she said, "Oh my God! I have cut Charley Gibson's throat"—she was drunk—neither Gibson or the other man were acquainted with her—they did not visit her—she wiped the knife with a piece of cloth; I think a piece of a child's frock, and flung it up into Sarah Morris's room—she then laid hold of Gibson's head and said, "Oh my good God! Charley, I shall never rest upon my bed again, for I have cut your throat"—Gibson had then gone into the prisoner's room—she took a washing-basin up full of water end flung it up to Morris's window, saying, "You b—black mare, I will give you this in your face,"—the basin fell down on Gibson and smashed to pieces—I do not know what quarrel they had had—Morris was in bed when the two men were fighting—she had no quarrel with the men—I am quite sure it was the prisoner who cut Gibson's throat—I saw the knife in her hand, but she endeavoured to make it appear that Morris had done it.

Prisoner. Q. Where did I wipe the knife? A. Between the door and the court—I was standing outside the door, and she was outside—(The witness's deposition being read, stated she wiped the knife with a cloth in her own room)—it was in the court that she wiped it. (The COURT entertained some doubt whether the intent to injure Gibson

could be supported, it being evident that the prisoner's violence was directed to another party; for although had he died, the offence would have been murder, yet to support the particular form of charge here made, the intent and the assault must concur. From the nature of the case the COURT thought it best to confine the inquiry to the assault only).

CHARLES GIBSON. I am a sawyer, and live at 3, New-court. On 27th, Feb. I came home drunk—I saw the prisoner that evening—we Were very good friends together—when the fight was over I was coming in-doors again, and directly I got against my own door I found my throat was out, and I tumbled down—I cannot say whether it was the prisoner did it, but there was nobody in the court but her and me, and she was crying—I was taken to the prisoner's room and laid upon the bed—I heard her say, "I shall never rest upon my bed any more, for, poor fellow, look how he bleeds! look how he bleeds!"—she said, "Dark Sally has cut poor Charley's throat with I knife, and chucked it up-stairs again"—she afterwards said, "I have cut his throat with the washhand basin; I did not intend to do it"—I swear she mentioned the word "washhand basin"—she said, "I shall never forgive myself any more"—when the basin was thrown up it did strike me—the instant it Was thrown I found my throat was cut—I do not know what it was cut It—I Was very tipsy—I was in the hospital a month, and have pot been able to work since.

MARY DAY . I was in the yard with Gibson, and saw the prisoner draw the knife across his throat—he fell down—about two minutes afterwards the basin was thrown up to the window, and it came down on Gibson's head—it did not break before it hit his head—it was meant for Sarah Morris.

WILLIAM WATKINS EDWARDS . I am house-surgeon at the London Hospital. Gibson was brought there on the morning of 27th Feb.—he had an incised wound across his throat—I should say such a knife as this produced would cause such a wound—I should say it was impossible for it to have been done by a basin being thrown up and falling upon him as he lay upon the ground—the wound was about two inches long between the chin and apple of the throat, and about half an inch deep—it wounded one of the branches of the carotid artery—he had lost a good deal of blood when he was brought—he would be very likely to fall instantly—he was under my care for a month.

Prisoner. Gibson told me the doctor had taken several pieces of china out of the poultice applied to his throat, and he had several pieces remaining under his chin. Witness. I have not seen any—I never heard of it till this moment—no complaint was made of the man's head—I noticed no abrasion, of the skin.

WILLIAM BROWN (policeman, H 111). I went into Morris's room abort half-past five, and found this knife upon the floor, in the same state as it if now—I found a cloth in the prisoner's room with marks of blood upon it, such as the wiping of a knife would produce—I believe there was blood upon the prisoner's apron—it was taken from her when she was taken into custody.

ROBERT GIFFORD (policeman, H 89). I took the prisoner the same night, several hours after—she was in bed, and when she dressed herself I took this apron from her (produced)—it is stained with blood in two or three parts.

Prisoner's Defence. I saw Sarah Morris pass me as Gibson stood at my left; I turned round and said, "Oh my God! dark Sally has cut his throat, and I said no more till he was carried into my room and laid upon my bed.

GUILTY of a most aggravated Assault. Aged 25.— Confined Two Years.

Reference Number: t18490409-1001

1001. ELIZA MITCHELL , feloniously killing and slaying her bastard child: to which she pleaded

GUILTY . Aged 21.— Confined Two Years.

Reference Number: t18490409-1002

1002. PETER LEITH , feloniously killing and slaying Solomon Abrams on the High seas.

MESSRS. CLARKSON and PAYNE conducted the Prosecution.

RICHARD WILLIAM HAINES . I have been for several years in New Zealand, and came home as a seaman on board the ship Indian, of which the prisoner was chief mate—I joined her at Auckland; we sailed from there on 15th Oct—there was a Jew lad named Solomon Abrams employed on board the vessel in feeding the stock, which consisted of sheep, cows, goats, turkeys, fowls, and pigs—he continued to perform his duty till about 24th Nov., when he was not capable of doing so by weakness and illness—the vessel was then to the west of Cape Horn—I saw Abrams flogged the first time about a fortnight after we left Auckland—it was by the prisoner's orders, because he was dirty in the coalhole—he was flogged on the bare breach with a cat-o'-nine tails made of nine pieces of marline—he was lashed by his hands to the windlass, and had a dozen lashes—the first flogging did lot fetch the blood—he was flogged again about two days afterwards by the prisoner's order—that flogging drew the blood—he was about fifteen years old—he was in very good health when we left Auckland—I knew him on shore—I believe he was flogged the second time for the same reason as at first—the prisoner always flogged him himself—he had a dozen lashes on the second occasion—I do not know how often he was flogged afterwards—it night have been nearly every morning while we were on deck—I was in the chief mate's watch—I never knew him get more than two dozen—that continued until he took to his bed, about eight days before he died—he had no bed except what he brought on board—he slept in the galley, where the live stock were—I should not think he could keep himself clean there—the live stock caused more dirt than he could attend to—in the whole he wat flogged from eighteen to twenty times—I think he died between 1st and 5th Dec.—I never saw any one flog him but the prisoner—I saw the second mate strike him once—I have seen the prisoner strike him with the rope's-end—sometimes he was flogged at the windlass, sometimes over a bundle of hay, sometimes over the spars or over the guns; any place that was handy—his trowsers were always off, and he was stripped to his bare body when he was flogged—his hair was cut, by the chief mate's orders, close to his head—they said he had vermin in his hair, but I did not see any—I should think the vermin of the stock would have crawled to him where he slept—I saw him placed in a tub of cold water—we were then about 55 south latitude, and the weather was very cold—I should think there was about two feet six inches or three feet of water in the tub—the prisoner ordered him into the tub—he did not like to get in at first, and then the prisoner gave him a shove, and he ultimately went in—he had nothing but his shirt on then—as far as I can judge he was in the tub about an hour and a half—he was placed there to wash himself—he was not to say very filthy—he was dirty by knocking about the stock without shoes or stockings on—there was the manure of the animals on him—the prisoner used to come forward while he was in the tub and see if he was washing—he was washing his clothes—he was in a very weak state of health at that time—I did not see that his skin was broken—there was a very heavy fall of snow in the night, and in some parts of the poop it might have been six inches deep, and in some four—the boy shivered all the time he was in the water—after he had been flogged several

times he got full of sores, the same as any person flogged would—the sores never got well before he was flogged again, and that drew his bottom into a scab—I have often seen the blood come—the last flogging I saw him have was about eight days before he died—he got quite thin and weak—I first observed that about a fortnight before he died—I saw him flogged about three times after that—he slept on one side of the galley, the turkeys were on the other, right opposite him, and the sheep were under him—he could not help being dirty—there were no pigs in the galley; some were in the long-boat and some in the sty, which was between the long-boat and the galley, about two yards from where he slept—he had to clean the galley out every now and then to get the dung out—he had to tread in it when he got out of bed—the cook's galley was on deck exposed to the weather; if a heavy sea came over it must come into the galley—I never did see the sea come over—he slept in a place with a wooden covering and a partition from where the turkeys were—he slept on two boards put on the side, till he got a piece of plank put to keep him from falling out of bed—it was hard weather and cold while he slept there—that in my judgment was not a fit place for him or anybody to sleep in; I should not like to have slept there myself—I remember seeing him taken out one night, four or five days before he died, and placed on the fore-hatch—he was all over sores then, and was not sensible—I did not see any flogging after that—I went to see him after he took to his bed; I was not able to make him understand me—he often complained to me of his treatment before he took to his bed—he complained that he did not get his rations—the prisoner always behaved well to me—there was no surgeon or medical person on board—about three weeks before he died his bowels began to get loose, and they continued so till he died—he was often flogged for his bowels being loose—he slept in different places—he was a very good-looking, smart boy when he came on board; tall and thin for his age—after he was dead I observed a lump in his neck, about the size of an egg; I never saw it before—I never saw the captain present when he was flogged—there were about sixteen men on board the vessel.

Cross-examined by MR. BALLANTINE. Q. Do you know where this boy came from? A. Auckland—I do not know that he had been up the country—I never heard so from him—he was not a seaman—he lived with a person named Keasey, a general store-keeper—I knew him there about eight months—he had three places during that time—there might have been an inspector come on board when our ship came into the river; I did not see him—I went to the police-office the day after I landed—the day after I was paid by the captain; I received 2l.6s.—I did not receive my full amount; I ought to hare had about 3l. more—the captain stopped 3l., I do not know what for—I never heard the mate complain of my being idle or neglecting my work—the captain never told me the mate had complained—he might have said that on account of my sight being bad I was not able to do my duty as an able seaman; he never told me so—I embarked as an able seaman—I had been a mate before I embarked in this ship—Patterson had a defect in his eye—as far as I can judge, he did his duty as an able seaman—I do not know whether he was paid his wages, or what he received—he and I went to the Thames police-court to summons the master for our wages—I heard Pattersons summons was dismissed—I did not appear myself, because I was ill—I cannot swear whether we two were the only two who did not receive our wages—I was mate of the Sir John Franklin, of New Zealand—I did not run away from her, I was paid off—I got all my wages there—I was not charged with breaking into sume of the cargo—I did not take away any of the cargo—there

was a passenger on board the Sir John Franklin named Beattie—I have been in the navy, and left thirteen or fourteen years ago, because I thought I could do better—I did not get into any scrape there—I was never flogged—I have never been tried for anything—the last flogging Abrams received was eight or ten days before he died, and between that and the first flogging he had been flogged eighteen or twenty times—that might have been during a period of five weeks—that was before we rounded the Cape—he did not die till after we had passed the Falkland Islands—I swear I never saw the captain present when he was flogged, or heard him give any order for him to be flogged—the captain was very seldom on deck so early as four or six o'clock in the morning—it was generally then that the boy was flogged—they used to say that the boy was dirty, but I never saw it—I never heard the crew complain of it—the crew did not go up to the captain in a body and complain of his dirt, or I should have heard of it—when I saw his body I saw a few sores on his feet—they were scrubbed with sand, at the chief mate's orders, by the boy Herbert Taylor, an apprentice on board—they were small dry sores, just by the ankle, as if the skin had been knocked off, and they were healing—there were four or five of them, and I believe they were on both legs—I did not bear that he had got the venereal disease in the country—I have heard it talked about since the trial came on—I never heard of it on board—he never said anything about it, or said he was ill—if he had had the disease I think he would have come to me, knowing I had been so long in the country, and could judge of it—he never did come to me—there is a disease of that kind out there—Herbert Taylor had to rub his feet with a piece of canvass and sand, because his feet looked rather dirty—the first flogging was about a fortnight after we left Auckland, the next might be two days afterwards, and after that there was a flogging pretty nearly every other day—it generally took place between four and six, which was the chief mate's watch.

MATTHEW CAREY . I reside at 2, Queen's-court, Albert-street, Deptford. I was a seaman on board the Indian, and recollect Abrams coming on board at Auckland to feed the stock; he was then in a good slate of health to all appearance—there was a seaman, named Williams, on board, he complained to the prisoner that Abrams had vermin about his neck, and the prisoner ordered his hair to be cut—he made a mess on a sail, and the prisoner said he should not sleep in the lower forecastle any more, and he went down again and made a mess in the coalhole, and the prisoner flogged him for it; that was about three weeks after he came on board, and I believe it was the first time he was flogged—after that he was kept on the forecastle, and we were forbidden to go near him, because he had got vermin—his dress consisted of a cotton shirt and a pair of duck-trowsers—it was not very cold weather then, but we were getting into cold weather—he was kept there when his hair was cut, from about eleven o'clock in the morning till three or four in the afternoon—he was not subject to that treatment every day, only on that particular day—we went below about twelve the next morning and saw a mess on a sail, and he said he could not get the hatch off; the hatch was put over, but it was easy enough for any one to lift it off if he had placed his head against it; I have done it myself easily—he was in the habit of sleeping in the forecastle till the day his hair was cut; he was then put down in the lower forecastle—he used to sleep in the top-gallant forecastle; there were not enough berths for the hands on board; he never had a berth assigned him with the rest of the seamen—he used to sleep on the chest, and every time the door was opened, he was exposed to the wind and weather—we had some very severe weather when we got off Cape Horn, and it was very cold

there; we had very heavy seas—he then slept in the galley—the coppers had been taken out of the galley, and put-under the top-gallant forecastle—the galley was worse than the forecastle to sleep in; it was more exposed to the weather—he was placed there by the captain's orders—there was a top to it and sides; one door was nailed up, and the other left open—he could not get out away from the dirt—it was not nearly so comfortable as the forecastle—he had no hammock; he had a bed place, and two or three blankets—I know he had blankets, because I threw them overboard after he died, with his clothes—the mate gave me orders to do so, as they were in such a dirty state—I was in the mate's watch between four and six o'clock in the morning, that was when I saw Abrams flogged—I cannot say how often he was flogged; it might be more than a dozen times, or it might be less—I should not like to say he had not been flogged twenty times—I recollect his first flogging, that was for making a mess in the coalhole, about three weeks after he came on board—I do not recollect how many lashes he got then—I cannot tell how many days after that it was that he was flogged again; I think it was the next day; sometimes he used to get flogged every morning regularly—I suppose he was flogged eight, nine, or twelve times—his trowsers were pulled down, and he was flogged on the bottom, with a marline similar to this (produced)—he was flogged for being dirty—it is my belief that he was frightened to come out on deck in the night-time—I never knew him dirty himself in the day-time; he said he could not help it—there was stock on board, which was placed where he slept—I remember his being told to go and scrub his clothes in a tub—I was not there at the time—I cannot say whether he was put into the tub or not—he came to me to lend him my brush; I lent it him, and he was left there to scrub his clothes—I saw him scrubbing his clothes, but I did not see him in the tub—he was all wet at the time; it was cold weather—after he died, I saw two large black or blue lumps on each side of his throat—I remember his being flogged for stealing two bullocks' or calves' tongues, from the galley—he had his rations served out like the rest of the crew, by Mr. Senior, the steward—he got them regularly if he was there; if not, people that were hungry eat them themselves—his share was always cut, and if he left it, anybody ate it who could get hold of it—the crew are not all on deck when the rations are served out; one man is generally sent aft to see them weighed.

Cross-examined. Q. Were they uncooked tongues? A. Dressedtongnes, hung in the galley for cooking—he ate them without being cooked—he stole them out of the galley, and so would I at that time if I could have got hold of them—we were short of provisions; we did not have near enough bread to eat with the meat, and we were frightened to eat meat, because we had not a full allowance of water—that began after we came round Cape Horn—I got my wages paid me—I stuck to my work; Patterson did too—I never knew him to lay up, except two days—the cook found out that Abrams was dirty; he first complained of it to the mate—after that the crew went and complained—they one and all said he should not sleep in the forecastle—I do not know that it was the crew that made him change, because if the captain ordered him to sleep in the forecastle we could not deny it—his place was changed by the captain's order, I cannot say that he was flogged by the captain's order—we did not complain to the captain that he was dirty, only to the prisoner—he was a very dirty boy—he dirtied himself almost every night—I never knew him to dirty himself till he was flogged—he was never flogged until he had dirtied over the sail—there was no occasion whatever for him to have done that—he was too lazy to get up—he was beaten so as to leave the marks—I

was never flogged—there might hare been five or six pieces of marline to the thing he was flogged with, and he was struck ten or twelve times—I saw the blood come—I cannot say when that was, but it was after two or three times—the tub was what we called the wash-tub, we all washed our clothes in it, and our faces and hands when we got up—we did not all get into it.

MR. PAYNE. Q. When this dirt was made on the sail how was the hatch? A. It was on, but not fastened—Abrams was not a regular sailor—the place where he slept was completely dark, you could not see your hand before you—Abraras said he knocked once or twice, but could not get the hatch open—I think if anybody had been there they would have heard it.

FREDERICK SAVILLE . I was a seaman on board the Indian. I recollect Abrams coming on board—he seemed to be in pretty good health then—seven or eight days after he came on board I saw the prisoner cut him across the back with the rope's end; he then had his clothes on—the first time he was regularly flogged was about three weeks after he came; that was across a truss of hay—I believe his hands were held and his clothes were down—the prisoner flogged him on the backside with a cat—I do not know how many strokes he had; they bruised him—I cannot tell what he was flogged for—from that time he used generally to be flogged every day—after he had been flogged be dirtied the place where he slept—the prisoner generally flogged him, sometimes with a rope's end, and I have seen him get a crack with a broomstick, or with a cat—I noticed that it had an effect upon his health about a week before he died—he then looked very bad indeed—I did not tee him flogged the last week—I remember his being put into a tub of water, it was in very cold weather indeed—the prisoner made him go in to wash his body—I do not know whether he was dirty—after he came out he had to wash his clothes too—I did not hear that he objected to go in—I did not see anything when he went into the tub—at the latter part of the time they said he was flogged for his dirtiness—I never heard the prisoner say anything about it—Abrams did not get food enough—I never heard any cause stated for hit being flogged except his dirtiness—he slept in the lower forecastle when he dirtied the sail—the batch was covered over, which would make it dark below—it was not battened down; he could easily get out.

Cross-examined. Q. You were not examined before the Magistrate? A. No; we were all on short allowance—we were all served alike—we had not enough bread or crater—there was enough meat—I do not know whether the mate was put on short allowance—we did not all complain of Abrams being dirty; a good many of us did—after he was dead I saw sores all over hit body—I did not see any on his ancles; I did not observe his legs—I only looked into the galley-door and saw them—I did not examine them—I cannot say whether the captain ordered the boy to be flogged or not—it is the rule of the ship for the mate to receive his orders from the captain—he was gene rally flogged when the captain was not on deck—I cannot tell whether it wat ever done when the captain was on deck.

JAMES PATTERSON . I was a sailor on board the Indian—I recollect Abrams coming on board at Auckland—he appeared to be in very good health then—I recollect his being flogged while the ship was on her voyage—I only saw him flogged twice with the cat—I should think the first flogging was about three weeks after we left Auckland—he was flogged by the chief-mate with the cat, for going into the lower forecastle and doing his business there—I do not know how many lashes he had—he was flogged again the next morning, or the morning after that—that was for a similar thing in the galley—the prisoner flogged him then with the cat—he was put over the end of the windlass and flogged—his hands were held—I do not exactly know

how many lashes he had; the cat was made of marline—on the last of these two occasions the blood flowed—he was in a very bad state, and after he was flogged, he was put in cold sea water, in a tub—I cannot say how long he was left there—he was put there to wash himself—he had a great number of floggings during the voyage—he was in a horrible state before he died; his feet were sore from going barefooted—he said his feet pained him—his drew was a very thin cotton shirt, and a thin pair of trousers—he was very weak and tick, and quite deranged five days before he died—he was not capable of helping himself—there was no surgeon on board; the captain used to give us medicine when we required it—I saw the captain and one of the passengers give him some medicine once, about a week or ten days before he died—he was more given to dirtiness at the latter part than he was at the commencement of the voyage; as his health got worse that habit increased—his bowels appeared weak, he said he could not unhook the galley.

Cross-examined. Q. I believe you did not get your wages? A. Not all—I summoned the master, and the summons was dismissed; the mate was there, but he was not sworn; a charge was made against the mate then—that was before my summons came on; Haines made the charge first—I cannot say when that was exactly—I had no quarrel with the mate—he had not, to my knowledge, been the means of preventing me from having my full wages—the captain found fault because I did not steer the ship well.

JOHN BLKNNERHASSETT GODFREY , M.D. I am a surgeon at 3, Mount-place, London Hospital—I was surgeon on board Her Majesty's ship Diligence—I have seen the effects of flogging on the human system; diarrhoea and looseness of the bowels is one of the symptoms following upon it; if flogging is repeated from day to day fever is produced, and delirium generally attends fever—I have heard the evidence, and am of opinion that the treatment the boy was said to have received and the flogging were sufficient to undermine his health, and cause death—I see no other cause; the repetition of these floggings would weaken the stomach, and produce a shock to the system.

Cross-examined. Q. Your opinion is founded on the supposition that the boy was healthy when he went on board? A. Yes.

Witnesses for the Defence.

HERBERT TAYLOR . I was an apprentice on board the Indian—I remember Abrams coming on board at Auckland, and the first night when he came on board I noticed that he had sore ancles—he was turned out of the forecastle by the men because he was lousy, and he went to the cook's galley, where the carpenter put up a bunk for him; he only slept there one night. About ten days or a fortnight after he came on board, I noticed that he used to dirty himself—his clothes were dirty—he looked healthy when he came on board—I have seen him dirty many times, and Mr. Leith has ordered him to put clean clothes on; he would take them off again as soon as Mr. Leith was gone—I only saw him whipped once, that was about eight o'clock in the morning, with a piece of marline, across the bottom—if he had been whipped twenty times I should have seen it—I was in the mate's watch—I have been whipped with a rope's-end, but not in the same way—he was whipped with some marline—I was always in Mr. Leith's watch, but was not always on deck—I have heard the men say, when I have come on deck, "Abrams has been whipped again"—I heard of his being flogged three times—I saw him in the tub once, washing: Mr. Leith told him to get in, and he went in—that was when his hair was cut—his head was one mass of vermin, and Mr. Leith put some ointment to it—he was in the tub about a quarter of an hour, and then came out and washed his clothes—it was then comparatively

warm weather, and about three weeks after we left Auckland—I never saw all hands called up to see him whipped—I never sailed with Mr. Leith before—he behaved kindly to me, and I would sail with him again.

Cross-examined by MR. CLARKSON. Q. Are you going to sail with him again? A. I cannot say; the Indian has sailed—Abrams knew nothing about the duties of a ship—this Was my first voyage—I was whipped when I deserved it, with a rope's-end, but never with a marline—it blew very hard off the "Horn," and there was a little snow—it was not six inches deep on the poop, not more than an inch—I did not see the boy in the tub off the "Horn"—I never heard him scream out—I have heard him say he would not do it again, and that he could not help it—he used to wash in the same tab that the men did—he never used to wash himself at all without he was told to do so.

JOHN SHEDDON . I was carpenter on board the Indian—I remember Abrahams coming on board at Auckland—I noticed that his habits were dirty about a fortnight or three weeks afterwards, and he was put out of the forecastle on the complaint of the men—I made him a bunk in the top-gallant forecastle, it was protected from the weather—when he came on board he looked healthy and clean—after he was put into the galley I saw large black dry sores breaking out upon him—he was only in the galley two nights—he then went in among the stock for his own pleasure, no one forced him to go—he was a dirty, filthy boy—he then went into the lower forecastle, which was a comfortable plate to sleep in—there were sails there, and worn to hang up a hammock; I cannot say whether he had one—the burden of the vessel was 560 tons—half of the seamen had not beds, only bunks—the boy was better off in the lower forecastle than the men, and more clear of the weather—there was no hardship in placing him there—the first time I noticed these boils upon him was sixteen or seventeen days before his last illness—Mr. Leith paid every attention to him for eighteen or twenty days before he died—he was not whipped to my knowledge during that time—he would go to him, and order him clean things, he gave him two cotton shirts of his own—I never saw a cat-o'-ninetails on board—I saw the boy corrected three times for his filth and dirt, and that was all—I noticed a dry sore on the boy's finger on his left hand about three weeks before he died; the flesh was eaten right away—he has spoken to me about his habits at New Zealand, which might relate to that disease—the animals on board had no distase, nor any vermin that I know of—he slept on a rack that was made for the sheep, and was about four feet from the turkeys—he would never change his clothes except Mr. Leith would go and stand over him, and as soon as his back was turned he would take them off, and put on his dirty ones again—I have seen that more than once, twice, or thrice—his uncleanly habits lid not commence with his going to live with the stock—I should say, from the state of his head, he must have had lice months before he came on board—the skin was half off his head—he was turned out of the galley for being dirty in the saucepan in which the cook was cooking daily—his bowels were not loose at that time—I saw him in the tub for about five minutes, and every man was in it, more or less—I was in it—he did not stand in it for two hours, or an hour and a half, off the Horn—I never saw him in it but once, and that was for about five minutes—the weather was then quite mild.

Cross-examined by MR. CLARKSON. Q. When was that? A. About three or four weeks before he died, six weeks before we got to Cape Horn—I think he died before we got there—we had snow and sleet off the Horn once—it was a month or five weeks before he died that Mr. Leith gave him the two

shirts—he looked a clean, healthy boy before he came aboard—he began to get dirty a fortnight or three weeks after—I only saw Mr. Leith correct him three times—I never saw a cat-o'-ninetails on board that or any ship I was ever in.

MR. PARRY. Q. Have you ever sailed with Mr. Leith before? A. No—he was a humane, well-conducted seaman, I only wish every one was like him—I am not going with him again; the Indian has sailed.

THOMAS BEATTIE . I was an able seaman on board the Indian, from Auckland—I remember Abrams coming on board—about three weeks after we got to sea, I observed that his hands and feet were sore—he was labouring under a certain disease, known in New Zealand as the yhacyhac—I remember Mr. Leith ordering his hair to be cut, on account of the vermin—I have seen him whipped by Mr. Leith once or twice, and it was no more than he deserved—Mr. Leith's attention was called to his sores, and I never knew of his being whipped afterwards—he was very attentive to the boy—I have seen him order, and take him food and medicine, and give him clean linen, and stand by and see it changed—Robert Alexander called his attention to the boy's state four, five, or six weeks before his death—Mr. Leith was always liked by the crew—I had never sailed with him before.

COURT. Q. How did the boy seem for the first three weeks? A. He seemed healthy when he came on board, and did his work till we had some rough weather, ten or fifteen days after we sailed, and after that he was of no use

ROBERT ALEXANDER . I was an able seaman on board the Indian, from New Zealand—I remember Abrams being turned out of the forecastle on account of his dirtiness—I think that was better than three weeks after be came aboard—his hair was cut before that—I afterwards saw that he had on him a certain disease, which the natives of New Zealand call the yhacyhac—I saw boils on his hands and legs—I have seen the mate whip him, I cannot say how many times—the men were always growling about him to the mate he was very kind to the boy after I told him the state he was in.

Cross-examined by MR. CLARKSON. Q. How often used the boy to be whipped? A. I do not know: only when there was occasion for it—he was not flogged every time a complaint was made about his being dirty—as soon as the mate knew he was badly he knocked it off—I do not think he was flogged a dozen times altogether.

JOHN JOHNSON . I was a seaman on board the Indian—about three weeks after Abrahams had been on board, I saw he had some big dry sores on his hands and legs, and one on one finger—his feet swelled on account of his going without shoes—I have only sailed one voyage with Mr. Leith, be behaved kindly to me, and to the men generally.

COURT. Q. How often have you seen the boy flogged? A. Never—he looked clean and in good health when be came on board—he had a bed then—we turned him out of the forecastle because he was dirty—he never went aloft—he had been to sea before.

HENRY SENIOR . I was first steward on board the Indian, Abrams had not been on board above a week or ten days before he began to be lazy—I was present when his hair was cut on account of the vermin, his head was in a most filthy state, and also down his back and breast, he must have come on board in that state—he looked rather delicate when he came on board, but tidy and clean—about three weeks after he had been on board I noticed that he was full of sores about his legs and body, and one finger was completely

eaten to the bone—I never saw him whipped, and he was never out of my sight. THOMAS DOUGLAS. I was first steward on the homeward voyage. I remember Abrahams being turned out of the forecastle for being dirty—about three weeks after he had been on board I noticed that he had the disease upon him, it is there called the yhacyhac—I know what that is—I was in New Zealand four months. (WILLIAM SMITH and HENRY SAGE, surgeons, gave their opinion that, from the evidence in the case, the deceased had died from the effects of disease; but also stated that continued flogging might have accelerated his death: the details of their evidence were not of a nature fit for publication.) GUILTY . Aged 21.—Strongly recommended to mercy by the Jury.— Confined Three Months.

NEW COURT.—Tuesday, April 17th, 1849.

PRESENT—Mr. COMMON SERJEANT; and Mr. Ald. CARDEN.

Before Mr. Common Serjeant and the Sixth Jury.

Reference Number: t18490409-1003

1003. GEORGE DAVIS, MARGARET M'CARTHY , and ANN WOOD , for a robbery upon John Byland, and stealing 1 watch, and other, articles, value 5l.; and 3 shillings; his property; and, before the said robbery, beating and striking him: Davis having been before convicted.

MR. CAARTEEN conducted the Prosecution.

JOHN BYLAND . I am a journeyman dyer—I live in Long-alley, Shoreditch. Between one and two o'clock on Saturday morning, 24th Feb., I was coming towards home—I had been drinking but very little; I knew what I was about—I met the two female prisoners in Whitechapel, went with them to a public-house, and had something there; and while we were there Davis and another man came in—they knew the females, and they had something to drink—I remained there two or three minutes, and then left with the females—Davis and his companion stopped a little while behind—they then followed us, I saw them walking behind us—when we came to George-street Davis gave me a blow on the right side of the head, which knocked me down—when I fell, the two girls held my hands, and Davis got on my chest with oil knees—I had a watch in a small watch-pocket in my waistcoat, a guard round my neck, and a small metal watch-key, which I used to carry in my pocket with my money—I had 4s. in money—while I was down, M'Carthy unbuttoned my waistcoat and coat, passed the watch-guard over my head, took my watch out of my pocket, and passed it to Wood—I called out, and struggled, and Davis said, "Let us murder the b—"—I got away, and met the policeman within two minutes—I told him What had happened, and returned with him to George-street—we saw M'Carthy against the door where it happened—I said, "That is one of the females"—we went up to her, and Davis was close by her—he said she was a respectable woman, and had been in his company all the evening—I told the policeman that I knew he was the man that knocked me down—I knew him by a scar on his cheek—he said he was not the man—I gave him in charge.

Cross-examined by MR. PAYNE. Q. Were you perfectly sober? A. I was; I had had but two pints of ale the whole day—I had been to see a friend who was ill over at Lambeth—I staid there till past twelve o'clock—I came over London-bridge—I was not wandering about the streets—I was coming to Whitechapel—I have been married; I am not now—I had gone

with the two females to treat them, and then they happened to be walking my way down George-street, into Commercial-street—I walked outside them, not between them—McCarthy was standing at the door of a house when I returned, and I said she was one of the women, then Davis came up, and I said that was the man—I told the policeman I should know him from a thousand, by a scar on his right cheek—I gave him in charge, and then I saw the scar—I did not know either of the prisoners before, yet I positively swear to them—Davis first said he had been with M'Carthy all the evening, and she was respectable; and then he said he had been asleep in a coffee-house till a quarter past two, and that he had been to buy some tobacco—he said I must be mistaken, for she was in his company a few minutes before—there was nothing found on him—I am sure Wood had the watch.

McCarthy. Q. Had I a bonnet and shawl on when I was at the door? A. No, you had not—I do not know the sign of the public-house we went into in Whitechapel

Wood. You know there was no one but you and I that went into the public-house; we came out, and in Thrawl-street you stood talking with me; the policeman came, and said to you, "You don't know what you are doing," and you walked away towards Whitechapel; I left you in Brick-lane. Witness. I took you and M'Carthy into the public-house, and I left it with you and her—I did not leave you in Brick-lane—Long-alley is down Commercial-street—one of Davis's statements was that he had been asleep in a coffee-house till past two o'clock.

WILLIAM KING (policeman, A 416.) On Saturday morning, 24th Feb., I met the prosecutor at the corner of Wentworth-street, in consequence of what he said to me we went to George-street; we saw M'Carthy—he said, "This is one of the parties that has been robbing me"—I took her into custody, and while doing so, Davis came and said to the prosecutor, "You must be mistaken in this female, she has been in my company till within these few minutes"—the prosecutor then said, "This is one of the men who assisted in robbing me"—he had not before that given me any description of Davis but he then said there were two men, and one of the men had got a scar on his cheek, and after I got away to the light, I found Davis had got a scar on his cheek—the prosecutor had been drinking, but he knew what he was about; he talked reasonably.

Cross-examined. Q. You saw he had been drinking? A. Yes; I have been over to the other side of the water; I do not know what business a man has in Whitechapel to go from Lambeth to Long Alley—it may be a mile out of his way—M'Carthy was standing openly at a door—I had not seen her there before.

M'Carthy. Q. Was there not an officer who came and said I could not he the woman? A. He said he had seen you at your door; his name was Frost—he is now dismissed from the service.

SAMUEL GRBEN (policeman, H 61). I took Wood into custody in a room which she occupies in Keate-street, Spitalfields—I found this common watch-key in a pail of dirty suds in the room—I took her between one and two o'clock in the morning, within half an hour or three-quarters of an hour of the robbery.

Wood. Q. You saw me with the prosecutor; were either of these prisoners with me then? A. No; the prosecutor called me by name, and I told him he had better go home—you went up Brick-lane with him to get some more drink, and in ten minutes, or a quarter of an hour, I heard of the robbery, and went after you—Davis said he had been to the coffee-house—I went there,

and found he had been there, and had gone out to buy some tobacco about a quarter-past one o'clock.

JOHN BYLAND re-examined. This is the key I lost—it is a miscast, and has a mark on it—I am certain of it; M'Carthy had a bonnet and shawl on when she was with me.

The prisoner Wood's statement before the Magistrate was read as follows: " The key the policeman found in my room has been there ever since I occupied the room; I was in the man's company, and drank with him in a public-house; there were only our two selves there; he treated the waiter to a glass of ale; he left with me, and was going home with me; he was going down the street, and then he said he would not go home, but if I liked to hare any more to drink I might."

M'Carthy's Defence. I was standing at my own door, between one and two o'clock, and the officer came and took me.

WILLIAM KINO re-examined. M'Carthy had no bonnet and shawl on at the door—it was not so light at the place where I took Davis that the prosecutor could see the scar in his face—there was not light enough to see it till I brought him to the gas lamp Witness for the Defence.

WILLIAM THOMPSON . I was at the Britannia coffee-house, and saw Davis come in, about five minutes past eleven, and about a quarter-past two, be went out to buy some tobacco; he did not come back again; he got into custody; he was not out before he went to get the tobacco.

cross-examined by MR. CAARTEEN. Q. What are you? A. A journeyman carpenter and joiner—I have worked for Mr. Burton, in Finsbury-square, for four months—I know the prisoner by seeing him in the coffee-house several times—there was another young man sitting in the next box to when I was; I cannot say who he was; there was only the waiter there that I know of the whole evening—the waiter has been here several days; he is not here to-day—I noticed the time when Davis came in, and it was a quarterp-ast two o'clock when he went out—the waiter came and awoke him up, and asked him for a pipe of tobacco—he said he had none, he would go and get some—I had no object in noticing the time—I do not notice the time when every one comes in.

COURT. Q. What was he doing in the coffee-house? A. He came in there and had a cup of coffee, and as soon as he had had it he fell asleep—I am not aware that the waiter said it was a quarter-past one o'clock when he left.

SAMUEL OREEN re-examined. I went to the waiter at the coffee-shop about half-past two—the waiter said he went out at a quarter-past one—the coffee-shop is about three hundred yards from George-street.

WILLIAM KINO re-examined. Not two minutes elapsed from the time of the robbery to my taking M'Carthy into custody.

DANIEL SUGGS (police-sergeant, H 17). I produce a certificate of Davis's former conviction at Clerkenwell—read—"Convicted May, 1842, and confined six months, six weeks of the time solitary"—he is the man.

DAVIS— GUILTY . Aged 28.

M'CARTHY— GUILTY . Aged 20.

WOOD— GUILTY . Aged 24

Transported for Seven Years.

Reference Number: t18490409-1004

1004. JOHN HOLMES and RICHARD WILLIAMS , feloniously breaking and entering the warehouse of Henry Dymond, and stealing 237 pairs of boots and shoes, value 80l.; his property.

MR. PARRY conducted the Prosecution.

HENRY DYMOND . I am a vendor of boots and shoes—my warehouse is

at No. 2, Regent-street, City-road, in the parish of St. Luke's. At a quarter before six in the evening of 16th Feb., I left those premises safe—I was called up that night, went to my warehouse, and found the front door open, and two storeroom doors had been forced open—the bolt of the lock of the front door was turned back—it appeared to have been opened without violence—I missed upwards of 200 pairs of boots and shoes, worth from 80l. to 100l.—they were shown to me at the station by the police.

Cross-examined by MR. ROBINSON. Q. What time did you leave the premises? A. My workmen leave at half-past five o'clock, and we leave shortly afterwards—I went out that evening with the foreman and another man; and afterwards finding I had left something behind, I went back, opened the door and got it—I then came out and locked the door—I know of no keys not these, which I keep myself.

Cross-examined by MR. HUDDLESTON. Q. Was this a dark night? A. I do not recollect.

WILLIAM CLARK . I lived in Baldwin's-place, City-road, but I have removed—I am a coal-porter. On Friday evening, 16th Feb., I was at the Wenlock-tap—the potman drew my attention to a horse and cart standing at the Wenlock Arms—that was about eleven o'clock—there was no one in the cart—I went and got a light to look at the name on the cart, as I thought it was lost—when I brought the light, a man ran up and said, "It is all right," and he got into the cart and drove off—to the best of my belief the man had a flannel jacket on, and a cap—he turned round, and went down the street—I went into the house again—the young man told me afterwards that the cart had come back—I went and saw that it had come back—there was a man in it driving—I could not say whether it was the same man that I had seen before—I followed the cart into the Wharf-road, and I stopped there talking to a man whom I met—I saw the cart again by Mr. Dymond's warehouse-door—they were putting something in it—I afterwards watched it as it drove down the City-road—I followed it to Bath-street, just opposite Willow-walk—I saw a policeman in Old-street, and told him—I could not say whether there were two, three, or four persons in the cart—I was behind the policeman, he stopped the cart—the persons in it immediately jumped out and ran away in different directions—I did not run after them, but stopped with the cart—I saw Holmes brought back by the policeman—I did not see the man in the flannel jacket sufficiently to know who he was—it was dark—I could not swear to the man—I have no belief as to who that person was—(looking at his deposition) this is my signature—I could not read this writing without I looked over it a good bit—this was not read over to me when I signed it—they asked me to put my name to it—I did not understand what it was for, nor what it was about—I knew it was about the hearing of these men, and then they asked me to put my name down, and I did—I said at Worship-street I thought Williams was the man in the flannel jacket and cap, but then he had a flannel jacket and cap put on—I said I thought he looked like the man, but I could not swear to him—I do not recollect saying he was the man before I saw him in the flannel jacket and cap—when they put the flannel jacket and cap on I said he was something like the man, I could not swear to him—to the best of my belief the person I did see had a flannel jacket and cap, but it was dark, I could not swear to it—it was a dirty flannel jacket—I cannot say whether the man in the flannel jacket and cap jumped out of the cart, I said I believed so—when I first saw the man in the flannel jacket had blown the light out—he came up before I had seen the name on the cart—whether the candle was out I cannot say.

Cross-examined by MR. ROBINSON. Q. How near were you to the cart when it was at the prosecutor's door? A. About fifty yards from it—it did not come towards me, it turned round—I cannot say how many persons were in the cart when it was at the door—I passed by it on the other side of the way.

Cross-examined by MR. HUDDLBSTON. Q. Was it not dark? A. It was—I was at some distance—when I was before the Magistrate I expressed some doubt about the man, and they put a flannel jacket and cap on him, that was while my evidence was being taken—I could not see whether there were two, three, or four men in the cart—it was a dark night, and the prosecutor's premises are in a very dark part of the street—I never saw Williams in my life before.

MR. PARRY. Q. Was the jacket put on while you were giving your evidence? A. I believe I had given my evidence before they put it on-then they put the jacket on to see whether I knew whether it was the man or not.

GEORGE GOODWIN . I am potman at the Wenlock tap—I know Clark—I remember on that Friday night calling his attention to a cart standing at the Wenlock tap—there was no one by it then—Clark went for a candle, and I went out with him, and at that time I saw a person standing by the side of the cart—he was very much like Williams, he was dressed in a flannel jacket and close cap—to the best of my belief it is him—I had not known him before.

Cross-examined by MR. HUDDLESTON. Q. Were you examined before the Magistrate? A. Yes—I did not see much of the man's features—they ordered Williams to put on the jacket and cap before me—I saw the man by myself first, and then I came out with Clark, with a candle—I cannot swear whether the candle was blown out or not—I had not a full view of the man's face—I saw him twice that evening; to the best of my belief he is the man.

MR. PARRY. Q. Did you see his side-face? A. I saw him sideways—from the observation I took of him, Williams resembles the man, but it was not a very light night.

JAMES MEAGER (policeman, N 234). At a quarter past eleven o'clock, on Friday night, 16th Feb., I was on duty in Old-street—Clark pointed out a cart to me, twenty or thirty yards off; there were three men in it—I followed it, and called out to them to stop—the driver was dressed in a scull cap, and a white flannel jacket; I have no belief as to who he was—I got up to the horse's head, and seized the reins, and stopped the cart—the persons who were in it jumped out, and ran away—I cannot say whether the cap and jacket now produced are what the man had on; it was a cap and jacket of this description—the persons who jumped out ran in the same direction as far as Willow-street—two of them turned down there, and Holmes kept on a-head—I followed, and took him into custody—I never lost sight of him from the time he jumped out of the cart; I am confident he is one of the men—he was stopped by Baker—I told him he was one of the men that jumped out of the cart—he said he was not—he appeared as if he had been running; he was very much excited and agitated—Clark minded the cart and horse while I was running—I found in the cart sixty-six pairs of Wellington boots, and 170 pairs of women's boots, and two pairs of shoes, and three crowbars—the name of "Richard Williams, Turk-street, Bethnal-green," was on the cart; it was then about twenty minutes past eleven—when I first took them it was about a quarter-past eleven—I afterwards went with Ball and Smith to Turk-street, Bethnal-green, about one—Williams would have had abundance of time to get home, supposing he had been the

person who jumped out of the cart—he is a marine-store dealer—Ball and Smith searched the house—it is about three-quarters of a mile from where I found the cart—I took the articles in the cart to the station—the prosecutor identified them.

Cross-examined by MR. ROBINSON. Q. How far had Holmes run before you got him? A. About 200 yards; it might have been between 200 and 300 yards—I stopped the cart at the corner of Willow-walk—Holmes was apprehended within a few yards of Leonard-square—I was between twenty and thirty yards behind him—he had no turnings to take before I came to him; it was in a direct line—I swear he did not run down Willow-walk; the other two men did; he ran straight a-head down Paul-street; he was in Paul-street, at the corner of Leonard-square, when he was apprehended.

Cross-examined by MR. HUDDLESTON. Q. Had you seen Clark before you stopped the cart? A. Yes; I then went and got hold of the head of the horse; the men were driving pretty fast, between five and six miles an how—I do not suppose I was running by the side of the cart above half a minute; it was a starlight night, but a little hazy.

GEORGE BAKER (policeman, G 228). On 16th Feb., about ten minutes past eleven o'clock, I was on duty in Leonard-square—I heard a cry of "Stop thief!" and saw Holmes running towards me—I stopped him—he asked me what I was stopping him for—I told him I would tell him presently—Meager, who was following him, came up, and said, "Bring him back," and we took him back into custody to the cart, which was standing at the end of Bath-street, opposite Willow-walk.

Cross-examined by MR. ROBINSON. Q. Could you see down Paul-street from the cart? A. I cannot say exactly whether I could or not—I was in Leonard-street, which runs across the square—I stopped Holmes in Paul-street.

WILLIAM EDWARD BALL (police-sergeant, N 54). Between twelve and one o'clock on the night of 16th Feb., I had information of this robbery—I went with Smith and Meager to 6, Turk-street, Bethnal-green, where Williams lives—it is a coal-shed at the back, and a marine-store shop in front—there were three lights; one was burning in the shed, and another in the back-room—I tapped at the window, and heard a scuffling noise inside—Williams put his head out of the bed-room window and said, "What is it?"—I said, "Is that you, Williams? is the horse come home?"—he said, "No; have you been after anything?"—I was in plain clothes—I asked him to come down, and he came and opened the front door, and said, "There you be"—I told him we were two police-constables, and we should take him into custody for a robbery in the City-road—he was undressed—he had neither trowsers or drawers on, and I observed he was rather excited—I said I should take him into custody for being concerned with others in a robbery in the City-road—he said, "Robbery, I know nothing of any robbery; a man came and borrowed my horse and cart; I suspected something was wrong, and I sent my boy to watch him, and he came back and told me that he had lost him somewhere near Mile-end-road"—I asked him who the man was that hired his cart—he said, "I do not know him; he was a short man, and dressed in a light jacket"—he said he would do his best endeavours to identify him—I told him to dress himself—he did so, and we went to the station—he said the man wanted the cart to remove some goods out of Thomas-street—I had partly searched his house—I went back again and asked his wife for her husband's jacket, and she gave me this jacket now produced—this cap was given to Smith the next day—I found a coat, and a quantity of new metal, which is not here—I went again the next morning—I

found a piece of silk-velvet and some handkerchiefs in a cupboard in the back room.

Cross-examined by MR. HUDDLESTON. Q. Have you told us all that took place? A. Perhaps not—I have to the best of my recollection-"I think when he said he would do his best endeavours to identify the man, that he said he wished he could see him—I think those words were mentioned—his wife gave me this jacket from a cupboard in the front room—that was after he was in custody—when I took him he did not put the cap on to go out, and I did not tell him to put his hat on—I noticed a cap in the room; I forget where it was—he did not put it on—something took place in the room about one of the men wearing a cap and a pilot coat—I did not tell him when he was going away to put his hat on—I remember now his saying that he would put on his hat—this was in the back room, the bed-room—I saw his cap there—he went in this pilot coat and hat.

JOHN SMITH (policeman, AT 121). I went with Baker to Williams's house on that evening—when he tapped at the window I heard a noise inside as of some persons moving about—Williams opened the window and said, "Who it there?"—Baker said, "Is that you, Williams: is the horse come home?" Williams said, "No"—Baker said, "Come down, I want to speak to you"—he came down and opened the front door—he had either trowsers or drawers on—he appeared flurried—Baker said he was taken into custody for a robbery in the City-road—he said, "Robbery, I know of no robbery"—Baker said, "For a robbery in Regent-street, City-road; your horse and cart is at the station"—he said, "I lent my horse and cart to a short dark man, dressed in a cap and light jacket"—Baker said, "Do you know who he is?"—he said, No; I should be very glad to identify him if you take him"—he said after the man was gone he had his misgivings, and sent the boy after him—I saw this flannel jacket found—this cap was given to me the next morning by Williams's wife.

Cross-examined by MR. HUDDLESTON. Q. Do you know anything of 5l. reward? A. The first bill I saw was sticking outside the station—I do not recollect that Williams took up his cap to put on, and that Baker said, "Take your hat, and not your cap"—I believe the word "hat" was mentioned by Baker, but what I do not know.

HOLMES— GUILTY . Aged 25.— Transported for Ten Years.

WILLIAMS— NOT GUILTY .

Reference Number: t18490409-1005

1005. EDWARD STANNARD , unlawfully pledging and converting to his own use 15 securities, value 100l.; the property of William Walker, which were entrusted to him for a special purpose.

MESSRS. BODKIN and HUDDLESTON conducted the Prosecution.

WILLIAM WALKER . I am a clerk, living in Charlotte-street, Fitsroy-square. On 24th July I saw an advertisement in the Times newspaper, that a young man of respectability was wanted as clerk, to fill a mercantile situation, at a salary of 70l. per annum, and that good security was required to the amount of 100l.—In consequence of that, I sent a letter to the address stated, and got an answer, which I have lost—in consequence of that answer, I went to 3, Pancras-lane—I saw over the door, "Edward Stannard, winemerchant"—I saw the prisoner—I told him I had called respecting the advertisement, and my note was produced—he said he liked the appearance of the writing, and he thought I should suit him—he asked if I was a married man, as the salary was so small—I said, no, I was not, but I was in hopes it

might lead to something better eventually—I had stated in my letter that I had been engaged on the London and Brighton Railway, and gave him a reference to Mr. Buckland, the secretary—he said he would write to him, and he made an appointment for Thursday, 27th July—I called on that day—he said he had had a very pretty note from Mr. Buckland, and was perfectly satisfied—I had stated that, if it were necessary, I could lodge railway shares to the amount of 100l.—the shares I had were of the Reading, Reigate, and Guildford Railway—on 27th July the prisoner said he knew nothing of railway shares—I told him the security was equal to money—(the shares were what they call guarantee stock)—he made an appointment for me on the following Monday, and I was to take my shares with me, but I forgot them, and I was to bring them on the following Monday—he gave me two or three cards, and said I was to present them to my friends—this is one of them—I went on the following Monday, and entered on my business—I am not certain, but I think I was sent down to the Docks to inquire if certain vessels had arrived—I think one of the ships did come in, but there was nothing in it for him—I did not see any wines in wood or bottles on his premises—I took my shares to him on the 9th of Aug.—I could have got 100l. for them, or perhaps a pound or two more at the market price—they are negotiable by transfer—I gave them to the prisoner as security for integrity—he had no authority whatever to dispose of them, or to raise money on them—I continued as his clerk for three weeks—I never saw any wines bought or sold—on the 29th Aug. I went to the warehouse as usual, and I found a van at the door, with empty bottles and hampers—I went down into the cellar, and there was not the slightest appearance of any wine having been there—I stopped the van, and went to Mr. Exley's—on my return home I found this letter, by post, in the prisoner's writing—he did not call on me again—I went to Mr. Exley's office, and saw the prisoner there—he had given me an I O U about a week before, and he offered to meet me at Mr. Exley's—I never got my shares back—I had before ascertained from the prisoner that they were in the hands of Mr. Exley—the prisoner got me to sign a memorandum—he pressed me very much to allow him a week to settle the matter, and after a little consideration I consented—his wife was there, and she importuned me as well—that was on the Monday, I believe, and on the Wednesday I was to meet him at Mr. Exley's, and he was to arrange with Mr. Exley that the shares were to be given up to me—on the 9th Sept. I was to have 9l., for salary given up to me, and on this consideration I said I would not take any proceedings against him—I never got my shares, nor the 9l., salary—I do not know what became of the prisoner, I lost sight of him then.

Cross-examined by MR. BALLANTINE. Q. My friend put into your mouth that the prisoner got you to sign a document; how old are you? A. Thirty-six—I knew what I was signing, but it was only to be in existence for a week—I knew that I was promising to take no proceedings against him, and if I had received my money and shares I would not—I took proceedings against him about a month ago—I left nearly five months pass—I had not had any communication with him during that time—I met him in Dec. in Mr. Exley's office—I did not tell him that if he would give up the shares that would satisfy me—I had gone to Mr. Exley's that day for the purpose of coming to some arrangement with Mr. Exley—I said, if I possibly could, I would call the next day—I did not, but a friend of mine did.

JOHN EXLEY . I am a corn-factor, at 75, Mark-lane. I did not purchase fifteen shares of the Reading, Reigate, and Guildford Railway Company of

the prisoner, but I received twelve shares of him on 12th Aug., and three on the 19th—he gave me this memorandum on 12th Aug.—the body of it is my writing, the signature is his—he acknowledges the receipt of 20l., and authorizes me to sell the shares within three weeks, if the money was not retained—on 19th Aug. he gave me this memorandum, acknowledging the receipt of 30l., and authorizing me to sell the shares if the money was not returned—I had bought the goods and fixtures at 3, Pancras-lane, for about 18l.—I bought them of the landlord's brother, who had seized for rent—there was no stock of wine amongst the goods—I took a bill of sale of the broker, and left the prisoner in possession—the prisoner was insolvent in Feb., 1848—the goods which were upon the premises in Aug. were those for which I had taken a bill of sale in the previous Feb.—I removed them in Aug.—the landlord wished me to have them away—he wanted to have the house—the bill of sale I think was dated about 18th Feb.—he gave me the shares on the 12th and 19th Aug.—I gave him 20l. on the 12th, and 30l. on the 19th, making 50l. together, and he was a debtor to me before.

Cross-examined. Q. What does he owe you? A. About 180l.—I could not take these shares without advancing him money, because he would not give them up—he asked me for a loan on these, and agreed to allow 5l. when the shares were sold, to go off the old account—he gave me permission to sell the shares if in three weeks he did not redeem them—I am willing to give up the shares now, if the advance is paid me—Mr. Walker brought, an action against me in Oct.

MR. BODKIN. Q. I believe you offered to give up your shares without the money? A. I did at the Mansion-house.

MR. BALLANTINE. Q. Are you willing to do so now? A. No—it was offered by the defendant to give me a Judge's order for the amount—he was willing to do it at that time—that was on 12th March.

JOSEPH MANN . I am a clerk. I became acquainted with the prisoner in June, 1847—I was in his service a short time—I remember his insolvency in 1848—I was a creditor of his to the amount of about 100l.—he was cleared by the Insolvent Court in March—there was no dividend paid—I have seen this circular about these wines—there was the same thing when I was with him—he was then in Pancrass-lane—he had no stock at that time—I occasionally went to the docks to taste wines—I was with him five months, and left him on 23d Nov., 1847.

Cross-examined. Q. Were you clerk to Mr. Stannard, or master, which? A. I was clerk—I saw an advertisement in the paper, which I suppose was his—I paid 100l. for integrity when I went in his service in June, 1847—I did not sketch this circular, not a line of it—I recommended a printer to him to print them—I knew it was a circular—I had seen it on his table, and knew the purport of it—I knew it was quite false—I did not take it to be printed—I procured him a printer.

MR. BODKIN. Q. What salary were you to have? A. To commence at 70l. a year, and to be raised to 100l.

SAMUEL JARMAN . I am clerk to Mr. Humphreys—I produce these documents from the Insolvent Court—they are certified copies under the seal of the Court in the matter of Edward Stannard—one is the balance-sheet—the amount of debt is 1510l., and the other is the adjudication—on 17th March an order was made to discharge him from prison.

MR. BALLANTINE to WILLIAM WALKER. Q. I suppose you are aware that these shares cannot be made any use of till they are transferred by yourself? A. I am quite aware of that, not legally they cannot—I am deprived of the

power to dispose of them—I cannot get new ones delivered to me—I receive the dividends still, and I have paid a call on them since.

GUILTY . Aged 28.— Confined Eighteen Months.

Reference Number: t18490409-1006

1006. JANE MATTHEWS , stealing 200 sovereigns, 400 half-sovereigns, 400 crowns, 400 half-crowns, 400 shillings, and 400 sixpences; the moneys of Henry Luard and others, in the dwelling-house of Mary Ann Griffiths.

MESSRS. BODKIN and HUDDLESTON conducted the Prosecution.

RICHARD HUMPHREYS . I am messenger to the London and County Bank in Lombard-street. On Monday, 12th March, I made up a parcel containing 200l. in gold, and 200l. in silver—Augustus Prime took the parcel—this is it.

AUGUSTUS PRIME . I am porter to the London and County Bank. On 12th March I took this parcel from the Bank to the Cross Keys, St. John-street—I delivered it to Jonathan Seymour, the coachman of the Bedford-coach.

JONATHAN SEYMOUR . I am the coachman of the Luton coach, which starts at five o'clock in the evening, from the Cross Keys, in St. John-street—I received this parcel from Prime on 12th March, about a quarter of an honr before the coach started—I put the parcel on a desk in the inner bar—Mrs. Griffith was in the outer bar—the prisoner was in the inner bar, sitting by the side of the fireplace—I left the parcel on the desk—I always put it there.

MARY ANN GRIFFITHS . I keep the Cross Keys, in St. John-street, Clerkenwell—it is my dwelling-house, and is in the parish of St. Sepulchre—the Luton coach goes from my house about five o'clock. On the 12th March I saw the coachman come with the parcel into the bar-room—I saw him put it on the desk, on the left-hand as you go into the room—the prisoner was in the bar at that time, sitting opposite the door, a little beyond the fire-place—I think I had spoken to her, but I am not quite certain—I was there when she first came, about twenty minutes before five o'clock—she had a shawl and bonnet on—she asked Miss Bishop some question, and went away—she returned, and after she had returned I saw her sitting in the bar-room when the coachman took the parcel to the desk—the door by which you enter from the bar to the bar-room is a glazed door—I remember a gentleman coming in in a very few minutes after the parcel came—I knew him by sight, he had been sometimes at the house—I did not know his name—I do not think he had anything in his hand—he went into the bar-room—I was inside the bar, and met him coming, before he got to the door which goes into the bar-room—I interposed to prevent his going into that room—he pushed rudely, by me, saying there was a lady there belonging to him—he then went by the glazed door into the bar-room, and went up to where the prisoner was sitting—there was a conversation between them—I heard nothing more than the word "wife," which was said by the prisoner—I was then standing near the desk on which the parcel was—I noticed that it was in its proper state, and done up in brown paper, sealed and directed—this is it—while I was standing near the desk, the gentleman called for a glass of sherry—I went towards the door, and asked Miss Bishop to bring it him—she brought it, and I gave it him—I was all the time remaining in the room—he gave me a shilling to pay for it, and I called to Miss Bishop to give 6d. change—in doing that I turned from the prisoner and the gentleman towards the glazed door, and I observed, reflected by the glass, the red seals of a parcel being passed by the gentleman across to the prisoner where she was sitting—the gentleman was then between the desk and the chair the prisoner was sitting on—I went to the desk, and there found a different parcel to the one that had been there—this is it—it is

sealed, but has no direction on it—I examined it so as to see that it was not the parcel that had been there before—I turned to the gentleman, and said, "You have changed the banker's parcel!"—I had the sham parcel then in my hand—on my saying that he took hold of my arm, and attempted to pot me out of the bar—I threw this parcel to Miss Bishop, and said, "Get assistance;" but he succeeded in pushing past me and leaving the house—I turned, and saw the parcel drop from the right side of the prisoner—I did not observe where it came from—she had then left the chair and approached the desk—she said, "What is all this about?"—she did not attempt to leave the room then—she had before approached the door, and I said to her, "If he has escaped, you shall not"—a gentleman named Elwin came to ray assistance, and she was detained—there was no other parcel on the desk but the banker's parcel—I had known the gentleman by sight—he had called to leave a coat, and sometimes had a glass of sherry when he fetched it away In the afternoon—there were two men in the house, whom I had noticed before when that gentleman was there—they were standing at the bar window—I believe they had some brandy-and-water—I did not serve them—I did not see anything more of them.

Cross-examined by MR. BALLANTINE. Q. Ton only saw the parcel on the ground? A. I saw it sliding down by the side of the prisoner's dress—I am sure that is correct—I was very much flurried—when the man came in, he went up at once and spoke to the prisoner—her shawl had fallen from her shoulder, as I supposed, with the weight of the parcel.

ANN BISHOP . I assist Mrs. Griffiths in the business. On 12th March the prisoner came there from half-past four o'clock to twenty minutes before five—she asked what time the coach went, and asked to be allowed to sit down—she moved towards the inner bar—I told her that room was engaged, she could go into the coffee-room or up stairs—she said there were gentlemen in the coffee-room, and she expected a friend, she would walk out a little way—she went out, and came back—I then asked her to walk into the barparlour, and she did, and sat on a chair near the fire—I saw a gentleman come in—he said, "You have a lady here belonging to me"—that was said loud enough for the prisoner to hear—he pushed rudely by Mrs. Griffiths, and pushed into the room—I heard Mrs. Griffiths ask for a glass of sherry, which I gave her—she then gave me a shilling to give her sixpence change—the gentleman then pushed her, she threw the parcel to me, and he made his escape—she called for assistance, and Mr. Elwin came in—I had seen the gentleman several times before—he used to come in the morning, and ask me to take his coat—he never treated me with anything to drink—I saw two other men in the house, and on one occasion I had seen one of those men and the gentleman walking together in Old-street-road—those two men were at the house that day, and had brandy-and-water—when this took place, they said, "What is the matter?" and went away, leaving their brandy-and-water partly untouched, and not paid for.

REV. THOMAS HENEY ELWIN . I am a clergyman of East Barnet—I was at the Cross Keys waiting for the Luton coach—in consequence of some alarm I went to the bar, and saw Mrs. Griffiths—the prisoner was in the bar-room, and Mrs. Griffiths asked me to assist in detaining her, which I did—the policeman came, and she was taken into custody—she said, "Why am I detained?" and said they were in error.

ELIZABETH LICKFIELD . I keep a coffee-house, in Bridge-street, Southwark—I know the prisoner—she came to me in Feb.—she gave the name of Mrs. Matthews—she lodged three weeks with me.

WILLIAM M'KEWAN . I am accountant at the London and County Bank—Mr. Henry Luard is the general manager of the bank—he is a shareholder and there are others.

JOHN ARCHER (policeman, G 217). The prisoner was given into my custody for stealing the banker's parcel—she said, "Allow me to have a glass of sherry, or sherry and water"—I then told her she must come with me to this station—she said she was waiting for a Miss Brown, who was going by the coach to Barnet—I said we would wait till the coach started to see if she came we waited, and she did not—I then took the prisoner—I was present where she was taken before the Magistrate—she was asked her name, and she said we might give her any name we pleased, one name was as good as another—on the last examination she gave the name of Jane Matthews.

GUILTY . Aged 40.— Transported for Ten Years.

Reference Number: t18490409-1007

1007. PATRICK CONNER , burglariously breaking and entering the dwelling-house of Alfred Staniford, with intent to steal.

MR. PAYNE, JUN., conducted the Prosecution.

ALFRED STANIFORD . I am a publican, in George-street, Lisson-grove, St. Marylebone. On 1st April, at a quarter past three o'clock in the morning, I was awoke by my wife, who said she heard footsteps in the room—she jumped up, and I did the same—I looked all round, and saw the prisoner under the bed—I took hold of him and put him on the bed—I sent for a policeman, and he was taken into custody—he said, "I hope you will forgive me this time"—I said, "No, not if you were my own brother"—I knew him to be a hardworking man a year and a half ago.

JOHN MANNING (police-sergeant, D 44). I was called, and took the prisoner—he had his shoes off—I searched about the yard, and found a ladder against the washhouse—I went up the ladder, and found his shoes on the top of the washhouse—I asked him where his shoes were—he said he had lost them—when he came down he said they were on the tiles.

Prisoner's Defence. Having been keeping company with the servant, I went to the house for the purpose of seeing her, as I was going into the country the next day; and not wishing to disturb her master, and knowing that the window was left unfastened, I thought I would avail myself of it to get in to see her.

ALFRED STANIFORD re-examined. I have no servant—my wife has a sister, but she never had a word with the prisoner—my window was shut at night, and it was open in the morning, when I found him.

GUILTY .— Confined Nine Months.

THIRD COURT.—Tuesday, April 17th, 1849.

PRESENT—Mr. Ald. WILLIAM HUNTER; Mr. Ald. CARDEN; and EDWARD

BULLOCK, Esq.

Before Edward Bullock, Esq., and the Fifth Jury.

Reference Number: t18490409-1008

1008. RICHARD ORLANDO LEGG , unlawfully assaulting Peter James Legg on the high seas: to which he pleaded

GUILTY . And received a good character.— Fined 20l.

Reference Number: t18490409-1009

1009. JOHN BROWN , unlawfully assaulting Elizabeth Sells, with intent,

NOT GUILTY .

Reference Number: t18490409-1010

1010. JOHN COUPLAND and ELIZA COUPLAND , unlawfully assaulting and beating John William Coupland, aged five years, and neglecting to give him sufficient food. (See page 617.)

MESSRS. BODKIN, CLERK, and PLATT, conducted the Prosecution.

JANE SALTER . I am the wife of Henry Salter; in January, 1848, we lived at 7, Palace-row, New-road; the prisoners came to lodge there at the latter end of March, or beginning of April, 1846—the little girl was born there in the following October or November; a boy named John William came home; he was then about two years and a half old—he was a healthy nice child then; I have heard the parents very cruelly use it; the last time was when I was at the foot of the stairs, and heard the father violently beating it; the mother said something, and he said, "D—n its little eyes, I will beat its b—d belly in"—I heard it screaming, and heard him say, "I will knock its b----y brains out;" he then appeared to dash it against the wainscot—the mother was in the room—the child cried very much, and about ten minutes afterwards it came down stairs for a halfpe'th of milk; it was in a very bad state of crying, and seemed very trembling; he scarcely knew how to walk down stairs—he pulled up his clothes, and said, "Look here, Mrs. Salter, what my father has been doing." I looked at his legs, and from the bottom of the loins to the calf of the leg he was so emaciated, that the blood was raised to the surface of the skin; it was bruises—there were many other such occasions before that, the mother was always very cruel to it from the time it came home; scarcely a day passed but what it was bruised—it was in a very thin delicate state when it left in April, 1848; it was bruised from head to foot—I have given it food in consequence of the cruelty of its mother; the father was urged to beat it by the mother—the language used to be very shocking on both sides—the father used to be away for a month together; but for the last three months, scarcely a day passed without my hearing one of them beating the child.

Cross-examined by MR. PRENDERGAST. Q. When did you leave your house? A. In the latter end of last April; the last occurrence I speak of was a week before they left, the father beat it then—I know that, by the violence of his hands—I did not go to prevent its being murdered, or send for an officer when I saw the marks on its person, I only complained to my lodgers and neighbours—I have talked to the mother on good terms and on bad terms—I do not think I ever saw the child free from bruises for the year and a half it was there—once it had a black eye, and bruises on the forehead at different times—I gave the prisoners notice to quit, as I was going to leave my house—they left the day before me—I do not owe half a year's rent—I gave the prisoner's warning several times, but they would not go—I have not been to any loan society—I believe Mrs. Coupland was sent, but it is a long time ago—my husband and Mr. Coupland were going to have the loan between them—I did not send any forged receipts to the society, and did not forge any—I think the security was not sufficient—I never went to tea with the prisoners—I went into the room when she was confined, and dressed her child—the boy was healthy and stout when he came, and he was healthy when he left, but very weak and emaciated.

MR. CLERK. Q. When you reasoned with her about her conduct to the child, what answer did she make? A. The answer generally used to be, "D—him I hate him, he is so much like his father's friends"—my husband has been paying the rent since we left—it is not all paid.

ELIZA REEVES . I am the wife of William Reeves, a shoemaker of

Somers-street, Hatton-garden—I knew the deceased child—it died about the 27th of January—I lived in the first-floor front—I have heard the male prisoner call the child a d----d young b—r and say he would knock its b----y guts out—I saw the child when it came down to the water-closet; it seemed so weak it could scarcely walk—it was usually kept locked in the front-room—I have seen the aunt throw bread in at the window when the parents were out—at the latter part of the time they altered to the back-room—I have heard a fall in the front-room when no one was there but the child and the prisoners, and have heard a scream immediately afterwards; it appeared in good health, but for the last two months it sunk rapidly—in November last, I heard a noise in the back kitchen like the child being choked; I went and saw the female prisoner polling it out of a tub of water—I had heard the noise three or four minutes before—about three mornings afterwards she put it in again, holding it by the feet with its head downwards; she kept it in about half a minute; it seemed almost suffocated—it was half a butter tub of cold water; she was scolding it, and said it had dirtied itself—I did not speak to her—I was afraid to interfere with her—the man was not there.

Cross-examined. Q. When was this? A. About three weeks before Christmas—I was never in their room—I never had a child—I have got my third husband.

WILLIAM REEVES . I am the husband of the last witness—we lived in Somers-street six or seven months before the child died—its name was John William Coupland—it was nearly five years old—I used frequently to see it—I occupy the front parlour, and it was generally kept in the room over my head, and generally alone—the mother used at times to run up; she would leave it for hours at a time; she used the girl as an angel compared with this child—the boy appeared wasting away for six months—the girl was not so by any means—Mrs. Parker, the aunt, who lives opposite, has frequently thrown bread up to the child—I have frequently heard the child screaming, and heard the father say he would stamp his guts out, and then I have heard the child being beat, and thrown down—that would happen frequently—I was not away from home from morning to night

Cross-examined. Q. You have never had any children? A. Not by this wife, but by my former wife—I am the rather of nineteen, but only two are living.

MART CAVANNAGH . I am the wife of Edward Cavannagh. Last Jan. we lived in the parlour at 8, Somers-street—we were there two months—the prisoners lived in the room above us—the child died there—I have seen it come down—it was in a very bad state, much declined—about five weeks before the inquest I noticed that its face was black from the forehead to the chin—I went to ask it a question, but the mother put her head out at the window, and it did not answer me—I have heard the mother lock it in, and go out without him, and when she has come in I have heard a noise as if the child was beaten, and knocked against the floor—I asked her what was the matter with him—she said he was perfectly well, but it was his own bad temper and dirt left him in the state he was in—the other child was very healthy, and was treated very well, as far as I could see.

Cross-examined. Q. You were never in the room? A. No, only when the child was burnt.