CENTRAL CRIMINAL COURT.
NINTH SESSION, HELD JULY 2ND, 1849.
MINUTES OF EVIDENCE,
Taken in Short-hand
JAMES DROVER BARNETT
33, Southampton-street, Strand.
GEORGE HEBERT, CHEAPSIDE.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, July 2nd, 1849, and following Days.
Before the Right Hon. Sir JAMES DUKE, Knt., M.P., LORD MAYOR of the City of London: Sir Thomas Coltman, Knt., One of the Justices of Her Majesty's Court of Common Pleas; and Sir William Henry Maule, Knt., one other of the Justices of Her Majesty's Court of Common Pleas: Sir John Key, Bart.; Sir Chapman Marshall, Knt.; Sir John Pirie, Bart.; Sir George Carroll, Knt.; and John Kinnersley Hooper, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, M.P., Recorder of the said City: Thomas Sidney, Esq., M.P.; Francis Graham Moon, Esq.; David Salomons, 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., Ald.
JACOB EMANUEL GOODHART, Esq.
JAMES EDWARD SHEARMAN, Esq.
GEORGE TAMPLIN, Esq.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
DUKE, MAYOR. NINTH 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, July 2nd, 1849.
PRESENT—The Right Hon. the LORD MAYOR; Sir CHAPMAN MARSHALL, Knt., Ald.; Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. SALOMONS; Mr. Ald. CARDEN; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the First Jury.
MR. CLARKSON conducted the Prosecution.
MARY ANN COLLARD . My father is now dead; his name was William Collard—my brother's name is Frederick Thomas—we lived at 82, Castle-street, in the parish of St. Marylebone—the prisoner was in our service from 17th March to 1st April—my father was ill when she came, but not confined to his bed—on 1st April, he was in a helpless state—the prisoner heard the physician say that day that he was irrecoverable—my brother's watch was in the kitchen; my father's watch was on the mantel-piece in his room—the prisoner was in the habit of going in and out of his room, occasionally—between ten and eleven o'clock in the morning—she said she would run to my aunt's with a pair of slippers that had been left—I desired her not to go with them, but she did go, though she was told not about five or six times—about an hour and a half afterwards the two watches were missed—on her return, in consequence of what passed in reference to something else, she was given into custody—about a fortnight ago Mr. Humberstone gave me information—I went to his lodgings, and he showed me the watch—in consequence of what Humberstone said, the prisoner was again taken into custody—no one had access to the property except our own family and the prisoner.
Prisoner. A gentleman used to visit there, and sit up with the deceased. Witness. It was a cousin; he came once; he had not been there for weeks—the prisoner was asked about the watches when they were missed, and she said she knew nothing about them.
JOSEPH HUMBERSTONE . I am an upholsterer, and lodge at 4, Queen-street, Oxford-street. On a Sunday in the beginning of April, there was an elderly lady lodging there—the prisoner came that day, and asked if the old lady was at home—I told her not then, but she would be in a few minutes—she gave
me a parcel, which I was to take care of, for the old lady—there was a gold watch and a silver one—I told her she had better wait a few minutes, till tie old lady came in, for I knew nothing about it—she said she could not stop, for she was in a hurry, and would come again—she first said the gold watch was hers and the other her father's; afterwards she said the silver one was her sister's—she afterwards said the gold watch was given her by a young man who was keeping company with her—I examined it; this is it (produced)—she came again between one and two, and said her mistress would not allow her to wear the gold watch when she was there, and if she would tike care of them for a few hours, she would wear it when she came out in the afternoon—the old lady was in at that time—the prisoner told me the old Iadywai known well to her, and afterwards it appeared she did not know her at all, and would not have the watches—she said if I took them in I must have the responsibility of them—Miss Collard afterwards came to me, and I produced the watches to her.
Prisoner. I do not know anything about him. Witness. I have no doabt whatever that she is the person.
JAMES MARTIN (policeman, D 2). I took the prisoner into custody on 14th June, and told her I wanted her respecting two watches she stole from Mr. Collard's, of 32, Great Castle-street—she said, "Now I have confessed they are going to prosecute, are they?"—I said, "I can hold out no hope,"
Prisoner's Defence. I am not the person that stole them; the gentlemu who sat up of a night is the person that is guilty of stealing them.
GUILTY .* Aged 23.— Confined Eighteen Months (See vol. 29, page 704).
GUILTY — To enter into his own recognizances in £100 to appear to receive judgment when called on ,
GUILTY . Aged 22.— Transported for Seven Years
GUILTY . Aged 28.— Confined Six Month.
GUILTY . Aged 15.— Confined Six Months.
MARY ANN RICE . I am the wife of James Rice. On 18th May Iwai coming into the shop, and saw the prisoner going out at the door with treacle pie and a dish in his hand, which were my husband's property—he had no business to take it; I had not sold it him—the policeman took him, and he said he had not taken it.
Cross-examined by MR. HORRY. Q. Had you a child in your arms? Yes—I saw his face—he turned right round—there were other boys in the street, but I am certain of him.
JOHN BAINBRIDGE (policeman, B 105). I took the prisoner into custody I about a quarter of an hour after, in a necessary, in Edward-place, close by I where be lived—I told him it was for stealing this pie, and he said he had not stolen any pie.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 15. Confined One Month ,
1408. JOHN NASH , stealing 26 planes, and a variety of tools, value 8l. 8s.; the goods of John Birch; and 5 planes and other tools, 4l. 1s.; the goods of William Birch, his master: and CHARLES PROTHEROE , feloniously receiving the same.
WILLIAM BIRCH . I am a surveyor, of 24, Great Russell-street, Bloomsbury—I had a great quantity of tools in a chest in Pied Bull-yard, Bloomsbury. On 8th June, in removing the chest from one yard to another, I discovered that it had been broken open and the tools gone—I have examined I some tools which have been produced to me—a portion of them are mine, and a portion my brother John's—Nash was in my service at the time, and had been so since July, 1847.
Cross-examined by MR. HORRY. Q. I believe you had the things locked up for twenty years? A. Yes—it is four years since I moved them to this coach-house—when the chest was broken open I do not know—I last saw them safe four years ago—I had no occasion to go to them since.
Cross-examined. Q. Did you know Protheroe? A. I had seen him before, and knew him by pawning things at our shop—they were always pawned in the name of "Cooper."
THOMAS DOWELL . I have seen Protheroe in company with Nash—about the beginning of May Nash took me down to a stable, showed me some tools which he emptied out of a clothes-bag, and offered me them for sale—I asked him who they belonged to—he said they were old tools of his master's—about nine days afterwards Protheroe showed me some tools at the Bull and Mouth in Bury-street, which he said he had bought of a gentleman's servant—some of them were the same that Nash had shown me.
Cross-examined. Q. When Nash said they were old tools belonging to his master, why did not you go and tell his master about it? A. I did not think anything of it till I saw them afterwards in the public-house—seeing the rubbish they were, I thought they were of no value to anybody—I am sure he said they were his master's—I cannot swear that any of those produced are what he showed me—I told two of my fellow-workmen what I had seen.
EDWARD HARRIS (policeman, E 17). On 20th June I took Nash—I told him what it was for—he said he knew nothing about them—I then took Protheroe—I asked him where the tools were that he had of West (Nash went
by that name)—he said some were up-stairs and some were at the pawn. brokers', and told me where they were—I should suppose Protheroe knew is whose service Nash was—they have been together at the Bull and Mouth in Hart-street—I produce the tools which Mr. Birch has identified.
Cross-examined. Q. Protheroe was quite straight forward with you? A. Yes; he answered my questions, and told me where the tools were—he told me he had given the ticket of some of the tools to a potman, and told me where to find him. (Nash received a good character.)
NASH— GUILTY . Aged 23.— Confined Six Months.
PROTHEROE— NOT GUILTY .
1409. BELINDA SEARYS , stealing 3 sovereigns, 2 half-sovereigns, 2 half-crowns, 3 shillings, and 2 5l.-Bank-notes; the property of Henri Desire Charles Parmentier, in the dwelling-house of Elizabeth Russell; having bees before convicted.
HENRI DESIRE CHARLES PARMENTIER . I am a master in a school. On 20th June, about four o'clock in the morning, I met the prisoner—I went with her to a room—I had been to Lambeth-street, to see a friend, and was not quite sober, but knew what I was about—I had in a book two 5l.-notes, three sovereigns and two half-sovereigns in gold, and 17s. or 18s. in half-crowns and shillings—I undressed myself, and put my waistcoat on her side of the bed, with the money in it—I awoke about ten, and she was gone—my waistcoat was still on the chair, but all the money was gone except 10s.6d.,—I went for the police—I am certain the money was in my waistcoat when I put it down.
Prisoner. Q. When I met you did you not say you would give me halfa-crown, and five shillings to pay for a cab? A. I cannot remember—I do not believe I did—I did not come into a public-house with two men and say I had been with thieves all the morning—two men were put out of a public-house; they were strangers to me, and seeing I was a foreigner they tried to force their conversation upon me—I told the landlord, and a policeman pot them out—you were with me then, but I had not spoken to you—I cannot say whether the men spoke to you—I did not give you my great coat—I gave you 5s. in the bed-room—you awoke me in the morning before you went out—you did not tell me you were going—you asked me at six o'clock if I was awake, but I did not answer—that was done to see if I was quite asleep—I cannot tell when you went.
ELIZABETH RUSSELL . I live at No. 6, Clement's-lane, Strand. The prisoner and other persons come to my house—on Wednesday morning, 20th June, about half-past ten o'clock, the prosecutor came down and complained of being robbed of 16l., and asked if I saw the woman go out—I had not seen who went to bed with him—I saw the prisoner go out about a quarter to nine that morning; she told me she was going to market—she occupies a room up-stairs, and pays for it weekly—that is the room where the prosecutor slept—the prisoner came back on the Thursday morning, and the policeman came and took her—she sometimes stopped out all night—the policeman brought a bundle of new things out of the prisoner's room—I do not know what property she had—I did not often go into her room—I never saw these new things till I saw them at Bow-street—she had very little wearing apparel—I am the landlady of the house—no one but the prisoner bad been in the room.
prisoner came to my house—she said she had just come from Greenwich, I that she had been in company with a gentleman at Greenwich, and she had I merely come on this side of the water to purchase a few articles—she left and I returned in about half an hour, and soon after a parcel came for her containing these things—she slept at my house that night, and next morning she left with the bundle—I went to the theatre with her that night: my husband paid for us—she gave me a sovereign to take care of for her—I have known her from her infancy.
NICHOLAS HILLINGS (policeman). On Thursday morning, 21st June, I met the prisoner in the Strand with a bundle under her shawl—I followed her to 6, Clement's-lane, and found her in a room up-stairs—I told her she must go with I me to the station for robbing a gentleman—I asked her where the bundle was—I she said at first she had not got it—she then said it was down stairs with the landlady—I went down stairs with the prisoner and Sergeant Pollard, and I asked the landlord about it—she denied having the parcel—we then returned I up-stairs again, and I saw the sergeant take the bundle from under the bedclothes—she threw herself across the bed, and tried to rescue the parcel from the sergeant—I pulled her away.
Prisoner's Defence. I never took the money from him; I had 3l. 10s. I given me by a gentleman to purchase a dress to go down to Greenwich, and meet him on the following Saturday, and to pay my passage; I had that I money in my possession when the prosecutor met me.
GUILTY . Aged 19.— Transported for Seven Years.
STEIG— GUILTY . Aged 42.
HARRIS— GUILTY . Aged 22.
Confined One Year
GUILTY . Aged 62.— Confined Four Months.
GUILTY . Aged 26.— Confined Three Months.
PATRICK M'DOUGAL . I am a chemist, and live at 35, Myddleton-street, Clerkenwell. On 11th June, I had in my shop a box containing a pair of scales and some weights—I missed them about six o'clock that evening, having seen them safe about one—these produced are them.
Prisoner's Defence. I buy and sell furniture; I bought these articles of a man, and not having a customer for them I pledged them.
ELIZABETH SOAR . I am the daughter of Richard Soar, of 67, Kingsland-road. On 19th June, I saw the prisoner in the shop—he took the glass from where it stood and went out—I went after him, stopped him, took the glass from him, and said, "You have stolen that glass from that shop"—he said he had not—he was brought back by a policeman.
Prisoner. Q. Did you see me when I first came into the shop? A. No; not until you had the glass in your hand—you made no noise, but I happened to turn my head—you did not ask the price of the glass—you did not give it up to me before you left the shop.
Prisoner's Defence. I went into the shop to ask the price of the glass as I had an order for one of that kind; I took it up and looked at it, and seeing no one in the shop I knocked: the witness came forward and took it from me; I asked the price; she would not tell me, and I walked away; I should not have been so foolish as to take it in broad daylight.
GUILTY . Aged 46.— Confined One Year ,
(There was another indictment against the prisoner.)
WILLIAM HORWOOD . I live at 3, Macclesfield-street, City-road, and as managing clerk to Daniel Norton, who has a counting-house on wharf No. 13, Macclesfield-street, in the parish of St. Luke's—the counting-house does not adjoin the house—I shut it up safe on 6th June, about eight o'clock, went I there next morning at seven, found the place and five locks broken open, I and some money and two pair of scissors were gone—I have known the prisoner for twelve or thirteen years.
Prisoner. I found the scissors. Witness. I cannot swear to them, but I named the maker's name on both of them—they are different names—I believe both of them to be my master's.
ROBERT MITCHELL (policeman, N 240). On 7th June, about twentyfive minutes to three in the morning, I took the prisoner into custody on another charge—I searched him and found two pairs of scissors in his pocket, and a chisel in his smock frock—I compared the chisel with the marks—they corresponded, and I believe that chisel broke open the place.
Prisoner's Defence. The marks on the piece of board that was brought to the office did not correspond with the chisel.
GUILTY . Aged 34.— Confined Nine Months.
(There was another indictment against the prisoner.)
NEW COURT.—Monday, July 2nd, 1849.
PRESENT—Sir JOHN KEY, Bart., Ald.; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Sixth Jury,
GUILTY. Aged 17.—Recommended to mercy. — Confined Six Months.
(No evidence was offered.)
NOT GUILTY .
RICHARD FISHER ANGELO . I live in York-street, Port man-square. On 9th June I was in the Regent's-park with my sister—I saw some boys coming along; the prisoner was one—one of them got before me and asked me the time—the others were going along all in a cluster—I did not take my watch out then; I had taken it out just a minute before—they were then about the length of this Court from me—we walked on—one of the boys came before me, and the prisoner came behind, and caught hold of me—I turned round, and asked what be wanted, and then another ran and caught hold of me too—they both called out, "Traitor!"—then the prisoner let go of me, and took my watch—he got it off without the guard, and got away, and ran—I got loose from the others and ran after him—I caught him, and got him down, and began to struggle with him—all the others got round and got him away—they did not do anything to me, only pushed me; they then ran away; I did not get my watch—I told the park-keeper—we went after the boys; we saw another park-keeper—we took three boys the first day; the prisoner was not one of them—I had never seen him before—I am able to swear he is the boy; I saw him for two or three minutes.
Cross-examined by MR. PAYNE. Q. Were the other three discharged? A. Yes—when the officer pointed out the prisoner to me afterwards, and said, "Is that the boy?" I said, "I don't think it is," because I did not see his face—then afterwards I said it was him—the officer did not say anything to me between the time of my saying I did not think the prisoner was the boy and my saying it was him—I was then in Hyde-park—that was on the Tuesday; I had lost my watch on the Saturday before, about two o'clock in the day—I did not see any other persons in the Park, except one man, who ran with us, when we saw the park-keepers; there were no policemen—I do not know what was meant by the word "Traitor"—I did not know any of the boys—my father is a Major—I was taking a walk in the Park with my sister, and picking buttercups.
RESSY CASTEL ANGELO . I am ten years old—I was with my brother in the Park; there were about sixteen boys there—one boy came and asked my brother the time, and he told him—after that, the boy went back to the other boys—then one boy came before my brother, and one behind—I cannot wear to the boys—then the boy that was behind caught hold of my brother's watch—my brother caught him, collared him, and they came to the ground—the other boys came up, and the biggest one asked my brother what was the matter—he said, "He has got my watch"—he said, "Oh, what nonsense!"—I
am sure the prisoner was one of the sixteen boys, but I do not know which was the one who took the watch—I did not see which boy my brother had hold of by the collar.
JOHN CUTTING (policeman, B 33). took the young gentleman to the Park; he looked across the Park, and said, "There they are"—I saw a mob of boys—I went across with him—he looked round, and I said, "Do you see him?"—he said, "No"—I then pointed to a lot of boys and the prisoner, outside; I said, "Do you see him there?"—he said, "I don't think that is him"—I said again, "Do you see him?"—he said, "Yes"—I said, "Are you quite sure?"—he said, "Yes"—I said to the prisoner, "I shall take you for a highway robbery in Regent's-park on Saturday"—he said, "I was not in the Park all day on Saturday"—he said he was with his sister, picking peas—he then said he was picking peas, with his sister, in the morning—I sent he young gentleman to York-street, and told him to get his sister to look out of the window—I took the prisoner on the other side of the way, and I the young gentleman came, and said, "My sister is quite satisfied."
Cross-examined. Q. Did you point out the prisoner? A. No—I pointed to three or four boys standing close together, and said, "Do you see him there?"—I said, "Is not that the boy?"—he first said he did not think it was—I did not point out the particular boy to him, I pointed to three or four boys, and said, "Is he there?"—I was never taken up myself—I was never charged with being drunk, nor with ill-using a boy—I was not charged on Friday, 29th June—I never heard of a lady or gentleman going to the station and making a charge against me—I was never taken to the station for being drunk—I swear that I was not, last Friday, charged by a lady and gentleman with ill-using a boy, and being the worse for liquor—about half-past six o'clock in the evening, there was a disturbance with a lot of young thieves; I moved them away, and a young man came, and said, "If there is any charge, take them to the station"—I went to the station soon afterwards, I and the superintendent said, "Have you been ill-using a boy?"—I said, "I gave one a clip on the ear"—he said, "A person came, and said you had, I and were drunk"—he said, "You were not drunk, were you?"—I said, "No"—I told the Magistrate about the prisoner picking peas.
Prisoner's Defence. The prosecutor said I had a jacket and Scotch cap on; I have only got the coat I wear; I have not got a Scotch cap.
GUILTY .* Aged 15.— Transported for Seven years.
MARTHA BROCK . I am in the service of Mr. Gilbertson, of Finchley—the female prisoner was servant there. On 9th Nov., Mr. Gilbertson was not at home—Mrs. Gilbertson was in the morning, and when she went out she left the female prisoner (whose name was then Mary Parker) and myself at home—she said, at dinner-time, that she would go out and get some yeast, to make some cakes for tea—she had then been in the service five or six weeks—she left at five o'clock, and did not come back—I had seen of mistress's watch the night before, and I think I saw it that morning on the washhand stand in her bedroom.
Mary Reardon. You were aware I was going, on account of being in the family-way. Witness. I did not know it.
said she knew no one of the name of "Gilbertson"—I said, "Are you sure?"—she said, "Yes," she was never in the service of a person of that name—she was discharged, and on 5th May I went to Bristol, and found the watch had been pawned in the name of "Reardon"—I returned to town, and took her again—I also took Edward Reardon—I told him it was about the watch, and that Parker was apprehended—he was very violent, and was the worse for drink.
Mary Reardon. You sent me a letter, that if I came to a coffee-house I should meet my cousin; I went, and you asked me if my name was "Parker," and where I had lived, and I told you; you then asked if I should know, Mr. Gilbertson, and I said, "No, I should not, for he was not in the house while I was there;" you had this man's mother up to your place to tea, and you said if she would tell you of anything against me you should be very much obliged to her, and then you wanted her to have something to drink. Witness. I did not—she came to my lodging about some things that had been left in the room, she appeared in a bad state, and I gave her a cup of tea—she entered into a long tale, and I told her I wanted to know nothing about it.
ELIZABETH SUSANNAH GILBERTSON . I am the wife of Henry Gilbertson; I he lived at Finchley in 1847; it was his dwelling-house, and in the parish of St. Marylebone—the female prisoner was in my service in Nov., 1847—on 9th Nov. I went out about ten o'clock in the morning—I left my watch in my bed-room; it was in the case on the mantelpiece—I came home at nearly half-past ten, and missed it—the prisoner was gone—she was to have left, but not that day; there was no time stated—she never came back—I also missed the plate—this is my watch—it has the name on it.
Mary Reardon. You asked me if I was in the family-way; I said, "Yes;" you asked where the young man was; I said he was in town, and you sent Martha Brock to get some stuff; you found I did not take the stuff that you sent for, and you said I was to go on Tuesday as soon as I left the kitchen; I was to leave before Mr. Gilbertson came home, because you said it was quite misery to see me carrying the trays out of the room. Witness. It is all false.
RICHARD COX . I live with Mr. Graham, a pawnbroker, of Bristol. Edward Reardon pawned this watch there on 12th Feb. 1848, in the name of "Edward Reardon"—I saw him again on 6th March, and he altered it to the name of "John M'Carthy"—on 17th May he altered it to the name of "Edward Reardon" again—on 22d May Mr. Williams came; he showed me the duplicate which I had given to the person who pawned the watch, and he altered it into his own name—on 29th June Mr. Williams redeemed the watch, and on 16th Dec. it was redeemed again by Baker.
HENRY WILLIAMS . I live at Bristol. I once kept a beer-shop—the two prisoners came there together several times—on 17th May I purchased the duplicate of the watch of Edward Reardon for 30s.—I had, before that, heard Mary Reardon say that they had a watch, and her mother gave it her, and they had pawned it, and Mr. Gardner, a tailor, had the duplicate of it—on 22d May I went with the duplicate to Mr. Graham, and changed the watch into my own name—about a week afterwards the prisoners came to lodge at my place—they staid about three weeks—while they were there Mary Reardon said several times that it was her mother's watch—I, after that, took the watch out, and then pawned it again, in my own name, and sold the duplicate to Mr. Baker—this is the watch.
Mary Reardon. I never had any conversation with you about any watch.
Cross-examined by MR. HORRY. Q. The story was that it was her no. ther's? A. Yes, and it had been in the family many years, and she did not I want to lose it.
MARY REARDON— GUILTY . Aged 23.— Confined Twelve Month
EDWARD REARDON— NOT GUILTY .
GUILTY . Aged 24.— Confined Three Months.
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 20.— Confined Twelve Months.
OLD COURT.—Tuesday, July 3rd, 1849.
PRESENT—Sir JOHN KEY, Bart, Ald.; Mr. Ald. HOOPER; Mr. Ald SALOMONS, and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seeond Jury.
GUILTY . Aged 30.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
EDWARD WALKER . I keep the Waterman's Arms, at Wapping. On Friday evening, 22d June, the prisoner and another woman came to my how a little after ten o'clock, and called for a pint of porter—the prisoner tooks crown-piece from her bosom, and laid it down—I put it in my teeth, and found it to be bad, and asked where she got it from—she said from a man she had slept with the night before—the other woman then paid three halfpence, and the prisoner a halfpenny for the beer—I put the crown on the mantle piece, and kept it there apart from all other coin till I gave it to the policeman next morning.
Prisoner. I was not there at all. Witness. I am positive of her.
AMELIA SANSOM . I manage the business of Joseph Pike, who keeps the Fox and Goose, at Shadwell. On 22d June, about eleven o'clock or a little after the prisoner came with another female for half-a-quartern of girl—she took a 5s.-piece from her bosom, and put it on the counter—I took it up, rung it, and she said that is good enough, I wish I had 100 of them—I gave her 4s. 10d. change—I put the crown into my purse, and the purse into my pocket—I had no other crown—I looked at it again in five minutes, tried it with my teeth, and found it was not good—I sent the pot-boy after the prisoner, and in about five minutes she was brought
back in custody—she said she had never been in the house—I have no doubt of her—I have known her three years.
JOHN STIMSON (policeman, K 50). I was on duty, and about half-past eleven at night, in consequence of what a boy said to me, I took the prisoner into custody, not a minute's walk from the Fox and Goose, and told her I took her in custody for passing bad money there—she said she had not been down there—I took her there, and Mrs. Sansum said you are a pretty sort of a woman to come down here, and offer me a bad 5s.-piece—she said she had I not been there—I received this 5s.-piece (produced) from Mrs. Sansum, and another one from Mr. Walker.
GUILTY . Aged 19.— Confined Six Months.
1425. DANIEL HOLLAND, PATRICK ROACH , and HENRY MALLETT stealing 1 memorandum-book, 1 bag, 4 half-crowns, and other moneys, the property of George Meads, in his dwelling-house; Roach and Mallett having been before convicted.
SOPHIA MEADS . I live at the Royal Oak, in the parish of Ealing. My husband's name is George—it is his dwelling-house. On 27th June, I had a tin-box in my till with a quantity of money in it, shillings and sixpences, and a bag with 5l. in it, in half-crowns, shillings, sixpences, and fourpenny-pieces—I went down into the kitchen, and heard a noise, which drew me upstairs, and I saw Mallett go out at the door, and Roach get off the step close by the window—Holland was on the other side of the road, and laid to me," What have they done, mistress, have they robbed you?"—I said, "Yes"—I bad looked into the till, and all the money was gone—I had seen it safe not two minutes before—there was a little' memorandum-book in the till—I went after the prisoners, Holland joined them, and they went away—I saw Mallett take the memorandum-book from his right pocket, and throw it down on the footpath—this is it (produced), and this sixpence (produced), I can swear was in the bag.
Mallett. Q. Did you see me in the shop? A. Not inside—I saw you go off the step.
CHARLES DICKMAN (policeman, T 103). I went in pursuit of the prisoners, and found them all three together in Gunnersbury-lane, near Ealing, about three o'clock; I saw Roach throw this bag into a ditch, it contains money—I took Mallett into custody, and saw Hammond throw something out of his hand, and about that spot fourteen threepenny-pieces, and three sixpences; one, which Mrs. Meads has identified, was found in my presence.
Roach's Defence. I never had the bag at all; I know nothing of it.
Mallett's Defence. I went across the step of the door, and that is all I know about it.
HOLLAND— GUILTY .† Aged 17.----ROACH— GUILTY *† Aged 17.
MALLETT— GUILTY .* † Aged 17.— Transported for Seven Years.
JOHN BAKER I am in the employ of Stephen Robinson Heath, shoe, maker, of Giltspur-street. I heard a noise in the window, went to the door, and in consequence of what a woman told me I went after the prisoner, and took him with these boots secreted under his coat—they are my master's—he had no business with them.
GUILTY . Aged 21.— Transported for Seven Year.
HENRY HARE I am a marine mail-guard, and lodged in the prisoner's house, 7, Bartholomew-place, Kingsland. I am a widower and have two young children which the prisoner's wife took care of—I had a watch in a small box locked up in a drawer, and a sheet in a box in the passage—on Tuesday evening, 19th June, I missed both the sheet and watch—the box did not appear to have been broken—the box and drawer must have been opened with a key—this is the watch (produced)—it is mine, and the sheet also, and is marked with my name.
Cross-examined by MR. PARRY Q. How long did you lodge with tie prisoner? A. Twelve months—I did not owe him any rent—we had moved a fortnight previous to quarter day, and I owed him. from 25th April to Midsummer—I had not then missed the articles—I had not seen the sheet for three years, and the watch I saw at Christmas—there is no particular mark on it—it was my wife's, and I had put it away—the marks on the sheet were not obliterated in any way—I did not speak to the prisoner on the subject of these articles—I spoke to his wife as soon as I missed the linen.
Cross-examined. Q. Did he produce them, and admit he had pledged the things, and say he intended to redeem them? A. Yes.
MR. HARE re-examined. I am not aware that he was in difficulty when I lodged with him—I had advanced the rent to Christmas as a man was put into the house in execution—he never mentioned anything to me about tie sheet and watch—I swear the box was locked up—no one lodged there but me—the room was not locked—the keys of my boxes I kept locked in a drawer, the key of which I always carried—I am half my time at sea.
GUILTY. Aged 22.—Recommended to mercy by Jury and Prosecutor. — Confined Two Years. (There was another indictment against the prisoner.)
MR. BALLANTINE conducted the Prosecution.
SOLOMON ABRAHAMS I am a wholesale grocer of 12, Eastcheap—the prisoner was in my employment as principal manager and clerk, and was to receive monies—I had a customer named Scales, who lived in Lambeth-walk
and owed me 13l. 11s. 6d.,—Mr. Pringle owed me 17l. 14s. 8d., and Mr. Ibbotson 16l.—if the prisoner has received those three sums be ought to have accounted to me for them—he has not done so.
Cross-examined by MR. ROBINSON. Q. How long had you known the prisoner? A. Some few years—I believe he has been in the business some time—I cannot say whether he had a connection of his own—very likely I profited by that connection—it is sixteen or seventeen months since I hired him—he was to have 3l. a week—I drew whatever I pleased—I have drawn 3l., 4l., and 5l. a week—the books are here—we have drawn out 3l. each if we thought proper—whatever was drawn by him or me was entered in the cash-book—I have not taken stock, and cannot tell whether there are profits or not—the prisoner was to have no portion of the profits; I swear that—8l. a week was all he was to have for his services—I swear I never represented to anybody that he was to have a portion of the profits—I know Mr. Appleton; he is in Court: I never told him that the prisoner was to have a portion. of the profits, or anything of the sort—I have been in the trade twenty years—the firm is Abrahams and Co.—no one was the Co.—I always signed cheques as Abrahams—the prisoner signed warrants—it is the practice in the grocery trade for the principal manager to sign warrants to facilitate the business—I swear he never signed warrants "Ross and Co." to my knowledge—I never saw anything of the sort—I was in and out of my office; sometimes travelling out—I first found out that the prisoner had received money and not entered it, when I went through the books after he left about the 12th or 15th April—my solicitor communicated with him; I did not myself, I never spoke to him on the subject—he never asked me to let him make up the books and examine them—he did write one letter to me—he always took 3l. a week himself, and paid the other three men—he used to pay everything.
MR. BALLANTINE. Q. Did the prisoner bring any money into the concern? A, "So; I have looked through all the books, there is no entry of these sums—I swear neither of them have been paid me.
CHARLES SCALES . I am a grocer of 165, Lambeth-walk, and deal with Mr. Abrahams. On 5th January I paid the prisoner 13l. 11s. 6d. on account of Mr. Abrahams—this is the prisoner's receipt to the invoice (producing it,)
FREDERICK IBBOTSON . I am a grocer of Brewers-street, Somers-town, and deal with Mr. Abrahams. On 27th Jan. I paid the prisoner 16l.—I lent him some money—I knew Mr. Abrahams traded under the firm of Abrahams and Co., and asked the prisoner whether he was a partner, he said no, but he bad an interest in the business.
Cross-examined. Q. Did not he tell you he was to receive a portion of the profits? A, No; I lent him 200l.—he came to ask me to lend it him, and I asked what his position was—I lent it on some warrants.
GUILTY . Aged 40.— Confined Nine Months ,
GUILTY .*† Aged 19.— Transported for Seven Years ,
GEORGE WEEKS . I live with my father in Church-street, Spitalfields the, prisoner was a playfellow of mine—he and I and Henry Williams were together on the morning of the 5th; I asked them where they were going, they told me to Hackney Marsh to swim—I said if they would wait for me I would go with them—they did so—they had some bread in a bag, and said if I went with them I must get something—I said I would try to get some money if I could not get any bread—I got a halfpenny—they agreed to give me some of the bread—we went to Hackney-marshes—Williams gave me some of his bread, but Brown did not give me any—in the Park I said if he did not give me any I would cut the bag open; which I did, and took half of the I bread, gave him one-half, and said if you do not want that you know what to do with it; and he said,"Yes; I will do for you before I get home"—we walked along, and Brown asked Williams for a knife to cut some bread—he said to me,"I will give it you before we get home"—I gave him I a shove, and said" Get away, I want nothing to say to you," and then he stabbed me in the side, and chucked the knife at my feet—the blood came—I was carried to a doctor.
Prisoner. Q. Did not you strike me, and did not I say I would do you an injury if you did it again? A. I merely shoved you—I did not shove you down and try to put my feet on you.
HENRY WILLIAMS We went to the Marsh together—Brown asked me for a knife to cut some bread—I lent it him; this is it (produced)—it was shut up when I gave it him—he threatened he would do for Weeks before he got home—Weeks got before him to shove him, and he took up the knife and stabbed him as hard as he could—I saw the blood come from him—he was taken to a doctor.
Prisoner. Q. Did not he say he could kill me if he had a mind? A. No—he did not strike you; he merely shoved you to push you away, as you had threatened to do it before.
(The prisoner in his defence stated, that Weeks had stolen his bread; that he afterwards struck him, and tried to throw him on his back; and that, having the knife in his hand, he was sorry to say he stabbed him.)
GUILTY. Aged 13.— Judgment respited.
MR. PARRY conducted the Prosecution.
JANE HANCOCK I deal with Mr. Goodwin for coals—the prisoner was his collector—I paid him 2s. on 23d March, and on 30th 1s. 2d.—this is his writing to this bill (produced); it was on account of Mr. Goodwin.
Cross-examined by MR. BIRNIE. Q. Has not money been collected from you by other persons for Mr. Goodwin? A. Yes.
RICHARD GOODWIN . I am a coal merchant of Sunderland Wharf, Maiden-lane, King's-cross. The prisoner has been in my employ for six or seven months—it was his duty to collect money on my account—I employ other collectors—I supply coals to poor persons, and am paid by small instalments—when the prisoner collected money, it was his duty to pay it over to me at
night—he received 12s. a week wages, and 5l. per cent, on what he collected he did not pay me 2s. from Mrs. Hancock on 23d March, or 1s. 2d. on the 30th—I have looked in my books, and it has not been paid—he has inserted 2s. as received on 28th March from Mrs. Williams—if he received 4s. he has only accounted for 2s.
Cross-examined. Q. How many other collectors have you? A. Four—it was the duty of all to make up their books every Saturday night—I have suffered from this before, but not from any one now in my employment—I have not found deficiencies from other collectors since the prisoner has been in my employment—I have found inaccuracies, which have been made up the following week—I never gave them time to make it up—I cannot tell what they have collected till I go round the next week—I cannot discover it the same week—I have not found defalcations from other collectors similar to what I charge the prisoner with, and have never agreed to stop it out of their wages—I first discovered that Mrs. Hancock had paid the prisoner on 25th May—I had no suspicion of his honesty before that—I had discovered iregularities, but he assured me they were only inaccuracies—up to 20th May I had the highest opinion of his integrity—I first pointed out to him these several entries on 22d May—I told him I had found a great variety of small sums he had received and not accounted for—he was very much surprised, and said if there were any errors he should be glad to set them right—he said he had been in difficulties with respect to a debt, and his mind was so worried that he might have omitted to put down some payments which he had received; and I said if that was the case, and he would make up his accounts, I would overlook it; but I found he could not give me the money, and would not reengage him—he asked me to take his brother's security for 5l.; I did not agree; that was prior to 22d May—he proposed it, not me—I believe be came out of prison on 23d May—I supply 3,000 or 4,000 persons with coals in this way—the price I charge depends on the market—in May it was 27s. a ton; for ready-money it will be 3s. less—I met the prisoner after he came out of prison, and told him to call on me and make his accounts right, and pay the money he was short—he called two or three times, and always said he had not the money, would I take his brother's security for 5l.—I did not agree to it; but I had no intention of prosecuting him until I found out Hancock's case, and I then made up my mind to give him into custody—he was to have called on me that night, but did not come for a week after, and he was then given into custody—he had then left my employment about a month.
GUILTY.* Aged 24.—Strongly recommended to mercy by the Prosecutor and Jury — Confined Two Months.
ANN SHAIN pleaded GUILTY . Aged 16.— Confined Six Days.
SIMEON MARTIN . I am a baker, of 11, City-road; Ann Sham lived with with me as servant for a week. On Sunday she came in and said there was someone gone from behind the counter—that excited my suspicion, and I missed my watch and guard-chain which had been hanging over the fire-place—this is it (produced)—next day I accused her of stealing it—she made no reply, and I gave her into custody.
value of it; I told her 5l.—she told me her daughter was a servant, and had found the watch on the Saturday night—it was rolled up as pawnbrokers roll them up when pledged, and she supposed it had been dropped by some poor person that had redeemed it, and she lived at Camden-town—she said she had been in the neighbourhood to find the owner; it had cost her 2s., and asked me to lend her 3s., as she wished to go and make further inquiry—I lent her 3s., and on the following day 3s.—the following afternoon I received information, and gave the watch to the officer—I have known her twenty. five years.
JOHN TAYLOR (policeman, M 261). I took Mary into custody, and told her her daughter was in trouble respecting a watch she had pawned on the 18th at Mr. Delaney's—she said she was sorry for it, and that she had received it from her daughter on the Sunday afternoon, who stated she had picked it up on the Saturday night in the City-road.
MARY SHAIN— NOT GUILTY .
NEW COURT.—Tuesday, July 3rd, 1849.
PRESENT—Sir JOHN KEY, Bart., Ald.; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. SALOMONS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Sixth Jury.
GUILTY . Aged 24.— Transported for Seven Years.
GUILTY . Aged 17.— Confined Twelve Months.
1435. JAMES JOHNSON , stealing 8 bottles and cases, value 1l.; the goods of George Oram: also 22 handkerchiefs and 1 cravat, 4l. 14s. 8d.; the goods of Edward Josiah Monnery: also unlawfully obtaining 12 knives, 15s., and 7 handkerchiefs, 22s. 6d., by false pretences:to all which he pleaded
GUILTY , and received a good character. Aged 23.— Confined Twelve Months.
WILLIAM EVANS . I am in the service of Mr. Edwin James, of Parliament-street. The prisoner was his charwoman—while she was there I missed ten shirts, eight handkerchiefs, and three waistcoats—these things are some of them (produced); they are Mr. James's—I know these two shirts and two handkerchiefs were safe before 21st April.
Cross-examined. Q. What are you? A. Butler and valet—only one of the things is marked.
GUILTY. Aged 27.— Judgment respited.
(There were two other indictments against the prisoner.)
prisoner was in my employ—he married my daughter unknown to me, and tent me this letter—it if in his writing. (This was a letter informing Mr. Smith of the marriage, and requesting kit forgiveness) They lived in my house from June to September as man and wife—he then left, and I did not see him for several weeks, although he lived in the neighbourhood—my daughter is alive; I saw her this morning.
Prisoner. I left her because she was a drunken debauched girl.
JOHN COWDERY . I am a parish clerk, and produce the registry-book—here is an entry of the marriage of Charles Bingham and Sarah Hislop Smith—I saw them married—the prisoner is the man—I saw the woman this morning—I lived next door to her; I never knew any thing against her character.
Prisoner's Defence. I left her because she was constantly annoying me; I heard she was dead, and married again; I firmly believe her to be dead now.
GUILTY . Aged 23.— Transported for Seven Years.
THOMAS BURRIDGE . I am a sadler, of Baker-street, Enfield. On 27th June, between nine and ten at night, I and some others left Waltham Abbey in a chaise, we took the prisoner up on the road—I had three sovereigns, half-a-crown, and some pence in my right trowsers pocket—I afterwards paid for half-and-half, and got a 4d. piece in change—I gave the prisoner sixpence on the road—I and the prisoner left the chaise about a mile from Walthamcross, and went down a lane; my money was safe then—I was with her ten minutes or a quarter of an hour—I missed my money, and charged her with it—she denied it, and after some resistance put her hand in her pocket, and took out a sovereign, a half-crown, and some halfpence, and was going to throw them away—I caught her hand—she said, "You b—r, here is all I have got of it"—I collared her again, and she drew some more money out of her pocket—I put my hand in, and got the rest and the 4d. piece—I had given her no money but the sixpence.
CORNELIUS JELLY BOSWELL . I am a tailor of Enfield. I was with Burridge—he was quite sober—I had paid him three sovereigns and three shillings before we got to Waltham Abbey—we met with the prisoner, and took her into our chaise—the prosecutor and her got out about eleven o'clock, and I saw no more of them.
Prisoner's Defence. They agreed to give me 4s. apiece to go with them, and that was the money I had; this man dropped his money in the road; 1 picked up something; I do not know if it were a shilling or a sovereign; he said if I would go to Waltham Abbey and stop with him all night, he would give me 4s.; I called the policeman myself.
NOT GUILTY .
GUILTY . Aged 20.— Transported for Seven Years.
MR. BODKIN conducted the Prosecution.
GEORGE WAISTLE . I am in the employ of George Crouch, a carrier, of Tudor-street, Blackfriars; Byford was his porter, and Arnold an acquaintance of his. On 21st June I gave Byford seventeen parcels—I called them over him—he entered them himself, and put them into his bag—the consignees have to sign the book—he left me about nine o'clock or a quarter-past, and returned about three—I looked at his book, and found one parcel not receipted for—he said, "I have missed one of the parcels for Green and Banks, of Hatton-garden; have I left it behind me?"—I said no. and be must remain in the place till Mr. Crouch came—he said he had lost the parcel on his way; he did not know how—the parcel was in brown paper—he would know that Green and Banks were jewellers—when we were arranging them in the morning, he said, "Here are two for Green and Banks," and he has entered two.
Cross-examined by MR. PRENDERGAST. Q. Has property been misted before? A. Not while I have been there—Mr. Crouch has three sons employed there—a parcel was not, to my knowledge, traced to one of them—I the prisoner said he had lost the parcel as soon as he came in—he did not I offer me the book—I asked him who had been with him; he said Arnold, I and he had given him something to assist him, as there was so much to I carry—the parcels were not above the size of my hand—Arnold was porter to Mr. Crouch once.
HENRY MILLS (City policeman, 352). I took Arnold the same evening in a stable in Salisbury-square. Mr. Crouch's son, who was with roe, said it was respecting a parcel—he said, "That d----d parcel, I suppose, that Byford lost; it is a d----d fine thing to get into trouble by a parcel that another person lost"—I took him to the station—he said he accompanied Byford to Thavies-inn and Newgate-street; that Byford took three parcels, and went to King-street, Holborn, Warwick-court, and Red-lion-square, I while he remained with the parcels, that he took them out to arrange them, I some charity children and a mob passed, and if he lost the parcel it must I have been then, that when Byford returned he told him he missed one, that I they went to Green and Banks and delivered one, and then went to a beer-shop in Pentonville, and had two games at skittles, which he won sod Byford paid for, and they then went to Finsbury and delivered two parcels, and then returned home.
JOHN TAYLOR . I am a jeweller, of Hampton-street, Birmingham. On 20th June I took a parcel to Crouch's booking-office, Birmingham, coutaining gold lockets, value 44l. 10s., directed to Messrs. Green and Banks, 94, Hatton-garden—according to custom, that would go to Crouch's.
RICHARD BANKS . I am a jeweller, of Hatton-garden. I expected parcel from last witness on 24th June; I have never received it—I did receive one from Birmingham that morning—I was at home—Byford brought it; I just caught a glimpse of him—he asked if another parcel had been I delivered—I said, "No; I expected two; there are letters of advice for I two"—as the letters did not say how it was coming, I did not know it I was by Crouch—I did not pay great attention to the conversation; it was with my porter.
NELSON RICHARDSON . I am in the employ of Green and Banks—Byford brought me this parcel, and asked if another had been brought; I said "No"—I knew him as coming from Crouch's—he placed his finger where I was to sign, and I signed it—I did not see whether there were two entries.
JOSEPH HILL . I keep a beer-shop at Pentonville—the prisoners came there on 20th June, about ten minutes past twelve o'clock, and called for two pints of porter, and had a game at skittles—they were there three-quarters of an hour—they had a canvass-bag with some small thing in it.
JOHN HURLEY . I am a labourer, and know the prisoners by sight—I was at the corner of Field-lane between eleven and twelve o'clock in the day, and saw the prisoners three or four yards from me—Arnold said, "Look at Hurley"—Byford had a canvass-bag.
ROBERT ALLEN (City-policeman, 321). On 21st June Mr. Crouch came to me with Byford, saying he had been intrusted with a parcel that morning, and came back saying he had missed it on the road—I asked if he had a hole in his bag; he said "No," that he was away from Arnold one-quarter of an hour or twenty minutes, and he must know something about it—Mr. Crouch said, "You told me at the office you had no one with you"—he said, "I did not like to tell you at that time, because I had strict orders not to have Arnold I with me"—I found 4s. 11 1/2 d. on him.
(The prisoners received good characters.)
NOT GUILTY .
GUILTY .*— Confined Twelve Months.
WILLIAM WANDEN (policeman, A 409). On 30th June, about half-past two o'clock in the morning, I saw the prisoner with his knee against the door of No. 4, Charles-street—he pulled the brass knob off, and put it into his pocket—I went to him; he put his hand-into hit pocket, and threw the knob into the road—I took him, and found the knob.
GUILTY .*†— Transported for Seven Years.
OLD COURT.—Wednesday, July 4th, 1849.
PRESENT—Mr. Justice COLTMAN; Mr. Justice MAULE; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. HOOPER; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Third Jury.
GUILTY . Aged 17.— Confined Six Months.
ROBERT GIBB . My name is Robert Myers Gibb; but I have never gone by it. On 4th March I was mate of the Triumvirate, which was lying in the mole of Naples—about ten o'clock that day I set the prisoner a job; it was not finished after dinner, and I sent him about that and another—he gave me abusive language—I ordered him down till the captain came—I was commanding officer, in his absence—the prisoner came down with a marline spike,
collared me, and tore my shirt—I gave him a push, but did not strike him—a scuffle ensued, and we both fell—as I fell I saw him cut my hand with knife—the spike was taken from him, and I found I was stabbed on each breast—the surgeon of the Bull-dog came and dressed my wounds—I was thirty-four days ill.
Prisoner. I was intoxicated. Witness. You might hare drunk something; but if you had been drunk, you could not have done your work at the mast—I head as you did.
WILLIAM MATTHIAS . I am second mate of the Triumvirate—I saw the prisoner coming out of the rigging—the mate told him to go on the main-stay and put the mat on—he said be could do it as well as ever he could, for all that he had had a glass of grog—he was not the worse for it—I saw him go up the rigging, giving language all the way he went up—he came down with a spike, saying he would take some of that b----y cheek out of him—Gibb called Dalton to take the spike out of his hand—I did not see them I down, but I saw them standing, and the prisoner putting his knife into tin I sheath in a belt round his waist—Gibbs' hand was cut—I ran, and said to the prisoner, "Here is a pretty thing you have done, you have cut the mate's hand open;" he said, "Yes; and I would do it to any one who would knock me down, and kick me after I was down"—I took him to the forecastle, and then found Gibb covered with blood on his breast—he was taken to the hospital at Naples that night.
Prisoner's Defence. I was intoxicated, and had no ill-will against him.
GUILTY of an Assault. Aged 21.— Confined Twelve Months.
CHARLES MOODY . On 26th June, about three o'clock in the morning, went to bed at a lodging-house—I had 13s. 1d. in my waistcoat pocket—I put my waistcoat under my head—I bad seen the prisoner that evening it the house—about half-past eight, Duggan, who slept in the room, awoke me, and I missed my waistcoat, handkerchief, stockings, and money—something was told me, and I went after the prisoner, and found him in Brick-lane; I asked him for my money, he said he had not got it; I asked him what he had done with it, he said he had not had it, and threatened to knock my b—y eye out—I held him—a policeman came and searched him; some money and my waistcoat and handkerchief were found on him—these are them (produced)
Prisoner. Q. Was not I coming back to you when you came to me? A, You were coming that way—we had not supped together—I never saw you before.
JOHN DUGGAN . I slept in the next bed to Moody—the prisoner came to my bed first and shook me—I saw him go to Moody's bed, and take the things from under his head—I was only half awake—he chucked the cost under the bed, took the money out of the waistcoat, put it into his pocket, and left the room—I awoke Moody.
Prisoner. Q. How soon did you wake him? A. Not half a minute after wards, while you were going down stain—I have not said I wished I had a case like yours every Session to get the expenses, and I could do without work.
convicted October, 1844; confined one year)—I was present—the prisoner is the person.
GUILTY . Aged 30.— Transported for Seven Years.
Before Mr. Justice Coltman.
Before Mr. Justice Maule.
MESSRS. BODKIN and LAW conducted the Prosecution.
FREDERICK BOWER . I am a clerk in the London and Westminster Bank, St. James's-square—Mr. Henry Bosanquet is one of the directors; there are others—Mr. Charles Vokins, of Pimlico, keeps an account there. On 22d Nov. this check was presented for payment by a woman—I paid it principally in Bank notes and gold—among the notes was a 10l. note, No. 27,694, dated 4th Oct. 1848; a 10l. note, No. 42,878, of the same date; and a 5l. note, I No. 90,350, dated 3d Aug. 1848.
CHARLES VOKINS . I am a coal merchant at Pimlico. In Nov. last the prisoner was in my debt 8l. 13s. for coals supplied to him—the last were supplied in 1845—he at that time lived in Park-street, Grosvenor-square, where I had supplied him for about four years—I lost sight of him from 1845 until 21st Nov. last, when I was called down to him in the evening, after business hours (I did not know him personally before that)—he told me his name was Anstead, that I had supplied him formerly in Park-street, and he was in my debt; that he had been abroad, and was just returned, and had taken a house in Westbourne-road, where he should wish me to supply him with coals again—he ordered two tons of coals, which came to 2l. 14s.—that with my former debt made 11l. 7s.—he offered to pay me that amount by a check on Cox and Greenwood, which he held in his hand, for 18l.—this is it—(produced)—I was to give him the difference—I gave him three sovereigns sod a check for 3l. 18s. (produced)—the word "Sixty" and the figure "6" were not on it when I gave it to him—the 18l. check was presented at Cox sad Greenwood's next morning, and not paid—I saw no more of him till he was taken into custody in May last—I did not execute the order for the coals—I sent up to Westbourne-road, but could not find that the house had been taken there.
Cross-examined by MR. PARRY. Q. Do you remember whether he mentioned to you that he and a Mr. Paisley were about taking a house? A. I never heard the name of Paisley—(The 18l. check was dated 18th Nov. 1848, payable to William Anstead or bearer. Signed, A. M. Stephenson.)
Cross-examined. Q. Do you know Mr. Stephenson's handwriting? A. I do not know who it alludes to, there is no such account in the house—I am one of the ledger-keepers.
JOHN THOMAS . I am in the employ of Nicol and Co., of Regent-street—, in Nov. last I was in the service of Mr. Samson. On 23d Nov. the prisoner and a female came there early in the morning and purchased a drab Chesterfield coat—they paid with a 10l. note—I did not put any mark on it—I gave
the prisoner the change—he ordered another coat, which was to be sent to Westbourne-road Villa, Paddington—the coat was made, and I took it home on the Saturday night—I could not find any such person, and brought it back—this is the Chesterfield (produced)—I gave my master the note received from the prisoner.
Cross-examined. Q. Were there other persons in the shop at the time? A. Yes—I did not receive any other 10l. note at the time.
WILLIAM STAKE BREWER . lam a trunk-maker in Oxford-street. A female came to my shop on Wednesday evening, 22d Nov., and bought a carpetbag—she offered me a 10l. note in payment—this (produced) appears to me to be the same; it was then perfect, but in two parts, not torn as it is now—at the time it was offered me it was wet, as if it had been recently pasted together—I refused to take it, and returned it to her—she went out and returned in two or three minutes with a 5l. note—I do not know whether or not this is it (produced)—I put no mark on it—I gave her the change, and she left with the bag—this is the bag (produced)—next day I paid a 5l.-note to Messrs. Macey of Titchfield-street—I attended at Marlborough-street office when the prisoner and his wife were brought there on this charge—I could not identify the woman as the person coming to the shop—she appeared to be the same person, but she was differently dressed.
Cross-examined. Q. There is nothing peculiar in the carpet-bag is there? A. This is the bag—I know it by the pattern—I had no other like it—there is no private mark on it.
COURT. Q. There are other bag-sellers besides you? A. Plenty; but I am sure this is the same bag; it is lined with common cotton tick—the stripes sometimes run one way and sometimes another—I believe in this bag they run across—(The bag being opened, the stripes ran the other way).
DANIEL THORN . I am in the service of Mr. Brewer. I recollect a female buying a carpet-bag last Nov.—when she left, I, at my master's request, watched her, and saw her give the bag to a gentleman who was waiting at the comer of Princes-street, Cavendish-square—I could not swear to him again, it was in the evening.
ALFRED WRIGHT . In Nov. last I was in the service of Mr. Macey of Great Titchfield-street—I received on his account this 5l.-note from Mr. Brewer—I do not remember when it was—there is my writing on it—I think it was about Aug. or Sept.—Mr. Thorn gave it to me.
SAMUEL HAYES . I am in the service of Mr. Tingey, a pawnbroker, in Greek-street, Soho—I produce this carpet-bag—it was pledged at our house on Saturday, 10th March, by a man in the name of John Anstey.
HORATIO STEWART. I am in the employ of Mr. Rochfort, a pawnbroker—this Chesterfield was pawned at our house on 5th March, by a woman in the name of Mrs. Heardley, of Marshall-street—I did not know her.
STEPHEN THORNTON (police-sergeant, A 26.) On 7th May I took the prisoner in custody at Hungerford-market—I told him he must consider himself in custody for uttering a forged check or draft for 18l. on Mr. Vkins, a
coal merchant at Pimlico, at the same time obtaining a check for 3l. 13s. and afterwards altering it to 63l. 13s. and uttering it at the London and Westminster bank the following day—he replied "Indeed"—I asked his address—he said, "I won't give my address"—he had a letter in his hand which led me to 41, Marshall-street—Mrs. James told me which was the prisoner's room—I went up to the second floor back room, and there I found the prisoner's wife—I searched the place, and found thirty-three duplicates, two of which relate to the coat and bag, which have been produced. (The check being read, was altered to 63l. 13s.)
JOHN DAFTERS (policeman, A 346.) I produce a certificate—(read—William Anstead, convicted June, 1848, of larceny, and confined three months)—I was at Clerk en well session at that trial—the prisoner is the man who was then convicted.
GUILTY . Aged 32.— Transported for Ten Years.
Before Mr. Justice Coltman.
MR. CLARKSON conducted the Prosecution.
JOHN LEESE . I am clerk to George Leese, a shipbroker, of Crutched—friars. On 16th April, between twelve and one in the day, the prisoner came—I had never seen him before—he said, "I am Captain Brandt, of the Russia;" that she was a bran new vessel belonging to Russia; that he had left her a short distance below Gravesend; that he had on previous occasions employed Messrs. Sach, Bremer, and Co.; also Messrs. Capperdike and Schleudau, but was dissatisfied with the manner in which they transacted his business, and therefore this time intended to employ Mr. Leese as his broker, and that he was not anxious to report his vessel that day; indeed he could I not, as he had not got the certificate with him; that his object in leaving the ship below Gravesend was that he would first come to London and place his papers in our hands; that he was going to Bristol to visit a young lady there, to whom he was on the point of being married; and he would return next day about twelve o'clock to report his vessel—he produced bills of lading, and a manifest of the cargo on board—he produced this bill of lading, and particularly drew my attention to an indorsement on it in German—I believe this to be a correct translation—(this was signed C. Brandt, acknowledging the receipt of 1200 quarters of wheat, dated 1st Feb., 1849, and was endorsed, "Should the captain on arrival find no order, he is bound to sell the wheat for my account at the best possible price, for which he is to receive 1 1/2 per cent, commission and freight, and remit me the proceeds, 5s. per quarter. W. Cruzinski.")—this is the manifest he handed me, containing the whole of the cargo—he said perhaps there might be letters for him at Messrs. Sach, Bremer, and Co.'s, and in my presence wrote an order requesting them to deliver to the bearer any letters they might have for him—I sent one of our young men with it, and he brought back two letters, which the prisoner read, and put into his pocket—he asked whether we could recommend him to a respectable man to copper his vessel—we told him we could—he requested our advice as to which dock he should put her into on her coming up, which he expected would be the day following—the West India and Commercial Docks were named, but nothing was set—tied—he expressed his intention to start for Bristol as soon as possible to see the lady, and asked when the next train would go—we sent for "Bradshaw's Guide," and found it would be two o'clock—he then said, "J want a little money"—I asked how much he would require—he said 25l.—we are in the habit of making advances to captains—I gave him twenty-five sovereigns, the
bills of lading and manifest remaining with me, I should not have thought of parting with them—I wrote this receipt, and he signed it, and told me to debit his account with the "Bradsbaw's Guide"—he shook hands with me and said "God bless you"—I never saw him again till he was in custody, about the 15th or 16th of May—I have searched the official list at the Custom House, and find no such vessel as the Russia was at Gravesend during the whole of April.
Cross-examined by MR. PAYNE. Q. Have you made inquiries at Graves end? A. No—I know Sach, Bremer, and Co. perfectly well—there was nothing in his leaving them and coming to us—captains are very changeable.
HENRY LENSKO . I am living at Poplar, and am a merchant of Memel and countryman of the prisoner's; his name is Peter Henry Schceffler—I have received letters from him—this "C. Brandt" to this bill of lading for the wheat is his writing, and so is this "Cruzinski" to the endorsement—this name, "Moxila," to this foreign bill of Exchange for 400 golden dollars (looking it) is his, but it is a little imitated, and this endorsement of "Schmidt" also—they are all in German—this acceptance is his writing, but it is a little imitated; part is his genuine writing; I believe the whole to be written by him—there was such a house as Cruzinski and Co. in the year 1828, but not now—the endorsement and acceptance of "Van Bye and Co." to this other bill is also his—it is a little imitated, because he would not make them the same.
Cross-examined. Q. Did you ever see him write? A. Yes, ten times or so, when he has given me receipts for money he has had from me—it is about six years since I saw any of his writing—I do not know such a firm a "Bruzinski"—I am a merchant and English Consul—I have been away two years, and left my wife and family—I did not run away through debt, nor mean to do it, or I could not have my passport—I have been back to Liebell which is close to Memel—I did not go there, my wife and children came to me—I came here on business, and have been in Dalston hospital nearly three months—I was not a bankrupt—I paid 50 per cent.—I owe the prisoner nothing.
THEODORE SCHLUTON . I am a shipbroker, and know the prisoner; his name is Peter Henry Schceffler. I have not seen him write, but have had letters from him—I believe this manifest, the bill of lading, and the endorsement, to be his writing—I believe this bill of exchange for 400 dollars is his writing imitated—I know the writing of the firm purporting to be the acceptors—it" a forgery—it is signed "Moila;" it does not look like theirs—this acceptance, "Van Bye, and Co.," is not theirs, but an imitation—I have corresponded with them, and know them personally.
Cross-examined. Q. Have you had conversation with the prisoner on this subject of any of the letters from him? A. Yes.
CHARLES PLAXTON . I am a member of the house of Philipstall, Plaxton and Co., of Kingston-upon-Hull, shipbrokers. On 14th March, the prisoner came and said, "I am Captain Schmidt, of the Frien, lying in the Waynfleet roads" (that is on the coast of Lincoln) bound from Windeau to Liverpool, and have been obliged to put in, in consequence of the loss of my anchor and cable and have come down to Hull to try to raise 60l. to refit myself, to enable to proceed on my voyage;" that he had written to Messrs. Barr, Berens, and Co., of Liverpool for 60l., but his vessel was lying in a dangerous situation, and he would feel obliged if we would discount him a bill for 400 golden
dollars, which had been paid to him by the Elsinore house, by whom it had been endorsed—it was endorsed to Captain Schmidt—he said the drawer was a rich merchant at Bremen, and the acceptors were a banking-house at Amsterdam—I gave him 65l. 7s., and he endorsed this bill to me in my presence—63l. 9s. 3d. is the full value—he gave me a memorandum for the balance—he said he expected a letter from Mr. Bairnbairn, of Liverpool, remitting him 60l., and authorised us to open it in his absence—it came, and we opened it, and found we could not get the money—the bill was protested and I noted—I wrote to the supposed drawer, Moella and Co., and the letter was returned through the dead letter office.
JOHN NORTHEN . I keep a coffee and chop-house in Clifford's Inn passage. In April, the prisoner came and said he had been there before—I did not recollect him—he remained about four days, contracted a small debt, which he paid, and left me to go to Hoi beach, in Lincolnshire—he came again in May, and handed me a bill for 1,000 silver roubles, and asked if I could get it cashed—I said I would try, but heard something about him, and gave information—I have seen him write, and believe the bill to be his writing, and the manifest also—I saw him write the endorsement "Asqueth" on this bill.
ADOLPHUS LINDGREEN , Jun. I am a merchant of Crown-court, Old Broad-street. Wohrman and Son, of Riga, are correspondents of mine—the acceptance to this bill for 1,000 silver roubles is not theirs—there is a person named Lampier in that firm, but his name does not appear.
Cross-examined. Q. Why is that? A. He was formerly a clerk in the house.
WILLIAM CURTIS . I am a spirit-merchant, of Holbeach, Lincolnshire. In April last I let the prisoner some lodgings io the name of Captain Asqueth—never knew him by the name of Schceffer, Schmidt, or Brandt—after some time, he made proposals to my daughter—she was to have been married to him on the 25th of May—I never lived at Bristol.
Cross-examined. Q. Is Waynfleet near you? A. About thirty miles off.
GUILTY . Aged 31 .— Transported for Ten Years.
NEW COURT.—Wednesday, July 4th, 1849.
PRESENT—Sir JOHN KEY, Bart., Ald.; Sir GEORGE CARROLL, Knt., Ald.; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury
GUILTY . Aged 22.— Confined Three Months.
GUILTY . Aged 50.— Confined Six Months.
MR. PARRY conducted the Prosecution.
ALFRED HUTCHINSON DYMOND . I am the son of Henry Dymond, a dealer in articles made of gutta-percha, at 2, Regent-street, City-road. About the 8th of Dec., Colverd came to our office, and stated his intention of opening business in our line—he stated that he was employed at that time by the
prisoner Brown—I asked him the amount of goods he would require—he said about 40l. would be sufficient—he gave his name and address as "Joseph Johnson, No. 30, Cross-street, Islington"—he spoke about credit, and I inquired his reference—he said his employer, Mr. Hall, would be happy to give him a reference, he believed, but he would first ask him—he said his wife expected property in about two months, and he should then have plenty of money to pay—I said our practice was to require a bill or bills, indorsed by some respectable person as security, if we gave credit—he gave me a card, which I have not been able to find—it was a common business card—the name on it was, "Benjamin Hall, Oil and Colourman," or "Fish-sauce Warehouse," "Felix-place," or "Cottages," "Liverpool-road, Islington"—an appointment was made to call on Hall for Colverd's character—that appointment was kept by my father, who is not here—when the bills were to be accepted and indorsed I called on Colverd—we had supplied the goods, and then my father drew these two bills in my presence—they are dated the 14th of December, 1848, at two months—that was for the goods we had supplied—I went to Colverd's with the bills for acceptance—I then went with him to the house of the prisoner Brown, and he was introduced to me by Colverd as Mr. Hall—he said, "This is Mr. Hill"—this was at No. 2, Felix-place, Liverpool-road, Islington—I introduced tie two bills and they were accepted by Johnson at Brown's—these are them—they are accepted "Joseph Johnson"—the word "Accepted" I wrote at his request, and he wrote his name to them—Brown then indorsed both the bills in the name of" Benjamin Hall, No. 2, Felix-place, Liverpool-road, Islington"-one is for 21l. 7s., the other is for 22l. 8s.—after Johnson had accepted and Brown had indorsed them both, Brown said, "Although Mr. Johnson is present, 1 will say that I feel much pleasure in doing him this service; I believe him to be an honest and respectable young man"—he also stated that we might I trust him to any amount—the bills were presented and were returned dishonoured and noted—between 14th Dec. and 4th Jan. we supplied many other goods, to the amount of 157l.—we have never received payment for them—about 12th Jan. I went to Colverd's in Cross-street—I said that he being a young man and a beginner we should be glad to see a little money from him—that was on Tuesday, and he promised to let me have 20l., 30l., or 40l. on the following Saturday, or at the latest on Monday—he did not keep his promise, and I went to his residence on the Tuesday, and found he had left the place—I think the front door was open—I looked in, but could discover no goods—I then went to Brown's residence in Liverpool-road—I found he was gone, and the place was shut up—I then gave information to the police—I these goods were all regularly invoiced—I did not see the prisoners again till they were in custody.
Cross-examined by MR. WOOLLETT. Q. When he presented the card to you, was it printed? A. It was, if I remember right, lithographed—it was "Benjamin Hall, Oil and Colourman," and some other articles were mentioned which he sold, "No. 2, Felix-place, Islington"—that was where went, and he represented himself as Benjamin Hall.
HARRY ROBSON . I live at No. 6, William-street, New North-road-about 10th Oct. I resided at No. 2, Felix-place, Liverpool-road—I had the home and shop to let—the prisoners applied to me about it—they both came together—Brown ultimately took it; he gave the name of "Benjamin Hall"—I think saw the two prisoners together three times before the shop was opened—I cannot say that I heard Brown address Colverd by the name of "Johnson;"
but he called him "Mr. Johnson" to the in his presence—on 23d Dec. went to the house; I found the place shut up, and they bad just bolted I away—there was nothing left—they never paid any rent.
EDWARD TOMBS . I am a boot-maker of 121, High-street, Islington—I know both the prisoners. About Nov. last, Colverd came to me about taking house and shop at 30, Cross-street, Islington—he gave the name of "Joseph Johnson"—I let it him, and he commenced business as a dealer In gutta percha—he put the name of "Johnson" over the door—about the end of Jan. I went and found the shop shut up—I have not received any rent—I saw Brown at my shop—he gave the name of "Benjamin Hall."
Cross-examined by MR. BALLANTINE. Q. Did you never get your rent, or anything in lieu of rent? A. Yes, some gutta percha to the amount of 13s. 6d., and some goods were left at my shop for inspection—I do not know the value of them: I have them by me—there was 12l. 10s. rent due—they gave me no warning—I let the house to Johnson, but Hall became security for the payment of the rent.
Cross-examined by MR. BALLANTINE. Q. How long is that ago? A. I Eight years—his name was not Johnson—I never heard his name was Johnson—I saw him about eighteen months ago, he was near my house—I did not know where he lived.
MR. PARRY. Q. Did you know his father and mother? A. Yes; they went by the name of Colverd, and he was apprenticed in that name—my son is dead—he was with us about three years—we had a person there named Joseph, and we called this one Edward.
JAMES DRAGE . I have known the prisoner Brown nearly thirty years—his name is Brown—I have a signature of his to a paper—this is it—this is his signature to it, on the 19th May, 1847, agreeing to allow his wife a maintenance, from whom he has been separated seven years.
Cross-examined by MR. WOOLLBTT. Q. Did you ever hear him called "Hall?" A. Never.
HENRY WILLIAM DUBOIS (police-sergeant, N 14). On 12th June I received information, and went to 14, Newington-causeway. I found Colverd in a shop—I said to him, "You are my prisoner"—he said, "What for?"—I said, "For defrauding Mr. Dymond of a quantity of goods"—he said, "I don't know Mr. Dymond"—there was a female in the shop, and she said, "Oh, yes, my dear, it is the gutta percha"—he then said, "Ob, yes, I know; I will go with you"—I took him to the station—he gave the name of "Joseph Johnson"—he then turned and said, "I suppose I had better give my right name"—I said, "If you don't, I shall for you"—he then gave the name of "Joseph Johnson Colverd"—while I was in the shop, Brown I came up from down-stairs, and I directed another officer who was with me to I take him—he gave the name of. "William Hall Brown" at the station, and said that was his right name; but at the shop I said, when he came up, "That is Brown, take him"—he said, "My name is not Brown, my name is George Clark"—I said, "I know you, your name is Brown"—the shop is a tobacconist's and stationer's, and the name of "John Smith" is over the door"—I do not know Colverd at all—I have known Brown about five years by the name of" Brown"—of "Benjamin Hall Brown"—"Benjamin Hall" and George Clark," and a variety of other names which I cannot remember, unless I 1 looked at my book—one was the name of "Bird."
FRANCES BURGESS re-examined. I last saw Colverd about eighteen months ago—I know him by the name of "Colverd"—I said to him," Edward, hot do you do?" or something of that sort—I cannot call to mind when I had seen him before that—I think it was in 1843 he left my son's service.
COLVERD— GUILTY. Aged 24.—Recommended to mercy by the Jury, — Confined One Year.
BROWN— GUILTY . Aged 33.— Transported for Ten Years.
(There were other indictments against the prisoner.)
JAMES BRUCE . I keep the Red Lion and Punch-bowl, in the parish of St. John, Clerkenwell—the prisoner lodged in my house, but had left about a week before the robbery—last Saturday night I cleared ray house of every one, as I thought, at twelve o'clock—I and my wife then went out to see a neighbour—I came back, and found all this property gone from the bar—I searched the house, and found no one in it; but there was the print of a man's foot in the sand on the show-board, and over that there is a sky-light, and some one had gone out that way—they could get over the roof that way into Red-lion-yard, a kind of mews—I suspected the prisoner, and sent for the policeman.
JAMES BRUCE , Jun. My father and mother went out, leaving me and the servant at home—I bolted the door after them—the policemen came afterwards; I let them in and out, and bolted the door after them—I know nothing about the prisoner.
GEORGE MARRIOTT (policeman, A 418). I took the prisoner into custody—he was in bed in a room in a coffee-shop—I told him it was for this robbery; he said he knew nothing of it—I found under his pillow these bags, with 27l. 10s. in gold and silver in them.
Prisoner. Q. Was there not another man in bed? A. Yes—he was quite frightened—he appeared a respectable man, and he was there previous to your coming there—you did not say that this money was the other man's.
Prisoner's Defence. This was under the pillow; it was not in my place the other man came to bed after I did.
GUILTY . Aged 22.— Transported for Seven Years.
MR. WOOLLETT conducted the Prosecution.
JOHN MULLER . I am a watchmaker, and live at 40, King-street, Sobo—I have one partner—the prisoner was in our service last Friday—in consequence of having lost a number of watch-glasses, I watched the prisoner's conduct; and about ten o'clock in the morning, I saw him fitting a gass to a watch—he took more of the glasses, and went into the work-shop—he did not bring all the glasses back again—at three, I went into the shop. and I found glasses in his coat-pocket, which was hanging against the wall—I asked him where he got these glasses from; he said, "From Mr. Hopkins"—I
asked when he bought them; ha said, "On Tuesday evening last"—these glasses are ours, and I know the piece of paper that they are in.
Cross-examined by MR. HORRY. Q. I believe the glasses you saw him take out of the drawer were about a dozen? A. Yes; he went away with them, but we had suspected him long before—these are glasses I sent from Geneva—the prisoner has been about four years and a half in our employ—I have beard that he is married—I believe he has formerly worked for himself.
Cross-examined. Q. You have sold glasses to him? A. Once; some time since—I did not see him on the Tuesday before these were found—no one but myself attends to business—I knew the prisoner when he was in business seven years ago.
(The prisoner received a good character.)
GUILTY . Aged 29.— Confined Four Months ,
ISAAC JACOBSON . I live at 322, Oxford-street On 18th June I had a bill up in my window that I wanted a person to attend to my horse—the prisoner presented himself as a person fit for it—I said I thought he was not—he said, "Will you take me on trial one day?"—I did so—a gentleman came, and brought me a tea-pot and a caddy, and another person brought a mustard-pot to be polished—I took them to the silversmith's—next evening I sent the prisoner for them—he brought word that they would be done by ten o'clock in the morning—next morning the prisoner went for them, and did not return.
Prisoner. I was stopped in the street by a man, and delivered them up to him. Witness. I did not authorize him to deliver them to any man in the street.
GUILTY. Aged 16.— Judgment respited.
ELIZABETH LAWRENCE . I am a widow. On 1st July I was in a steamboat—I had a purse in my pocket containing the money stated—I missed it, and gave an alarm—I immediately saw the two prisoners; the female was the nearest to me—I recognized the purse and money in Haydon's hands—it is mine.
MICHAEL HAYDON (City-policeman, 21). On 1st July I saw the prisoners on the dummy at Battersea—I saw Parkin raise the dress of one lady, and try the pockets of three others—I followed the prisoners from there to Hungerford—they got out there, and went from the pier where they landed to the penny pier, about twenty yards off, and mixed in the crowd—Parkin went to the prosecutrix, put her hand in her pocket, drew something out, and gave it to Joyce, who was standing close by her—the prosecutrix turned and
said, "I am robbed"—I took Parkin—I said, "Hold her"—I took Joye and found this purse in his hand.
Cross-examined by MR. HORRY. Q. You have found that Joyce was in the employ of Mr. Morgan? A. Yes; a fruit-salesman in the market-die prisoners are sweethearts.
(Mr. Morgan and Susan Lawrence gave Joyce a good character.)
JOYCE— GUILTY . Aged 19.— Confined Eighteen Months.
PARKIN— GUILTY . Aged 13.— Confined Six Months.
MR. LAW conducted the Prosecution.
WILLIAM PAINTER . On 11th March I lodged at 6, Stanley-court, Saffron. hill—the prisoner lodged there—on that morning, about half-past one o'clock, I was coming down my stairs, and the prisoner was coming down his—he doubled his fist in my face, and said, would I tight?—I said,"No," and I went back towards my own room again—he struck me between my two shoulders—I stopped myself from falling by putting my two hands against the wall—I turned round, and we tustled, and both fell down stairs; I was undermost—he then kicked me on the thigh, and twice afterwards—I cried out, and tried to get up—the prisoner did not go away—my wife ran don stairs to him—I was assisted up, and taken to St. Bartholomew's Hospital—I staid in the hospital two months and three days—I was then moved to the workhouse of the Holborn Union—the bone of my thigh was broken, and I was very much bruised beside—I had never been in the prisoner's room bit once, and that was at his request—I had not quarrelled with him—he quarrelled with me once before; I did not give him any reason for it.
Prisoner. Q. Did you not come out on the stairs to call me? A. No; you kicked me four times, and broke my thigh—I was not in your row drinking all one Sunday with you—I did not strike you.
SARAH PAINTER . I am the prosecutor's wife. On Sunday, 11th March, I heard my husband cry out—we were going to bed—he went to go down stairs, and a little time after, I went out, and found him on his back, and the prisoner was kicking him—I took him by the collar, and hallooed out, "You good-for-nothing fellow, you are murdering my husband"—I held him til the policeman came—in going to the station he said it served him right; he was glad of it.
Prisoner. Q. Did you come from the public-house to the court? A. Yes; that was about a quarter-past one, and at half-past one this happened.
COURT. Q. Had you ever quarrelled before? A. A few nights before we were having a little drink in the same public-house, and he shook his fist in my husband's face, and wanted to fight him.
JOHN WILLIAMS (policeman, G 110). On 11th March I found the prosecutor lying on his back—the prisoner was being held by the prosecutor's wife—I examined the shoes the prisoner had on; they were tipped with iron—I asked him what he did it for; he said Mr. Painter had been up his room, and it served him right.
THOMAS JACKMAN . I am house-surgeon at St. Bartholomew's Hospital The prosecutor was brought there on 11th March—he had received a compound fracture of the thigh-bone—I did not see any other marks of violence on him; the outer skin was not broken—he has suffered severely since he has been discharged; he has had an attack of erysipelas.
Prisoner's Defence. I went out of bed when the prosecutor called me;
he asked me to fight him, and we went into the court; he struck me there, and outside as well; he fell with his leg under him; as to kicking him, I never did; if I had these shoes on, they would not have hurt any one.
GUILTY of an Assault Aged 37.— Confined Two Years.
NEW COURT.—Thursday, July 5th, 1849.
PRESENT—MR. RECORDER and Mr. Ald. CARDBN.
Before Mr. Recorder and the Sixth Jury.
(MR. BODKIN [with MR. PLATT] being unable to show that the hovel in question was actually the property of the Company, withdrew from the Prosecution.)
NOT GUILTY .
(MR. CLARKSON offered no evidence.)
NOT GUILTY .
OLD COURT. Thursday, July 5th; Friday, July 6th; and Saturday, July 7th 1849,
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice COLTMAN; Mr. Justice MAULE; Sir JOHN KEY, Bart., Ald.; Sir CHAPMAN MARSHALL, Knt., Ald.; Sir JOHN PIRIE, Bart., Ald.; Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. HOOPER; Mr. Ald. SIDNEY; Mr. Ald. SALOMONS; and EDWARD BULLOCK, Esq.
Before Mr. Justice Coltman and the Fourth Jury.
1459. FRANCO MACCAGNONE GRANATELLI, commonly called Prince Granatelli , LEWIS SCALIA , and JOHN MOODY , were indicted (together with Salvadore D'Amico, who did not surrender,) for unlawfully, and without the leave of Her Majesty, equipping, fitting out, and furnishing a certain vessel called the Bombay, with intent to commit hostilities against the King of the Two Sicilies: Other COUNTS, for a conspiracy, and varying the manner of stating the charge.
CHARLES WELLINGTON HOWELL . I am secretary to the Peninsular and Oriental Steam Navigation Company. I have heen subpœnaed to produce an agreement described as dated 1st July, 1848, whereby the Prince of Granatelli and Lewis Scalia agree to buy of the Peninsular and Oriental Steam Navigation Company two steam vessels, called the Vectis and the Bombay—I had that agreement in my possession at the time that subpoena was served—I have it with me—I decline to produce it, on the ground that it may contain matter that may compromise myself, or other parties for whom
I am interested—I hold it as secretary of the company—there is a probability looking at the manner in which this prosecution has been pursued, that I or others for whom I am interested, may be in danger of an indictment—I think 1 can conscientiously say that I am apprehensive that its production may furnish evidence criminatory of myself under this Act of Parliament, (The COURT was of opinion that under these circumstances the witness could not be compelled to produce the agreement).
GEORGE FINCH . I am clerk to Messrs. White, Broughton, and White, of Great Marlborough-street, the solicitors for this prosecution. 1 attended before the Magistrate at the time an inquiry was instituted with regard to this matter—Mr. Howell was present, and produced an agreement, which was afterwards deposited with the Magistrate—an application was afterwards made to allow that agreement to be taken away to be stamped—it was carried by a police-officer to Somerset House—I accompanied him—it was there stamped, I paid the duty—for the purpose of giving it the proper stamp, it was necessary to count the number of words it contained—I was directed to do so by the solicitor of stamps, and did so, and in that manner I became acquainted will its contents; I made a short abstract of it—I am able to state its contents.
Cross-examined by SIR FITZROY KELLY. Q. When it was produced by the secretary to the company was it under protest? A. He hesitated a good deal before he produced it, but eventually he gave it to the Magistrate—I did not consider it was under protest, but it certainly was in obedience to the Magistrate—I had no authority from the Magistrate to go and obtain possession of that document—we were to have access to it—it was in the possession of the police-officer, up in the Stamp-office, when I made the abstract of it—I had no authority from the Magistrate to do that; be ultimately complained of it, because his understanding of it was different from that of Mr. Bodkin and myself. (SIR FREDERICK THESIGER proposing to give secondary evident of the contents of the agreement, SIR FITZROY KELLY objected, the possession of the document having been improperly obtained. The COURT would not reject the evidence on that ground, but thought the attesting witness should be called).
BRODIE WILCOX , Jun. I am a son of one of the directors of the Peninsular and Oriental Steam-packet Company. I am not a clerk in the office—I am a ship-broker and agent—I object to say whether I saw Prince Granatelli and Mr. Scalia sign any paper, or to give evidence in this transaction at all, for I have been connected to a certain extent as a broker and agent in these matters, and it has been already intimated to me that 1 may be prosecuted on criminal proceedings—I fully believe that the evidence I am asked to give would tend to form a step to a criminal prosecution hereafter—I was not merely an attesting witness in this case—I was aware of the contents of the agreement. (The COURT considered the witness entitled to the protection which he claimed).
THE RT. HON. LORD VISCOUNT PALMERSTON . I am Her Majesty's Secre-tary of State for Foreign Affairs. No leave or licence of Her Majesty has been granted to enlist soldiers or sailors, or to equip, furnish, or fit out any vessel of war to be employed to commit hostilities against the King of the Two Sicilies.—this country is at peace with the kingdom of the Two Sicilies—it was during the whole of last year—I know the defendants Prince Granatelli and Mr. Scalia—I have had interviews with them both at the Foreign-office, and at my own house frequently—I received them as organs of communication, not officially received by Her Majesty's Government, from the existing de facto government of Sicily, the persons who were then exercising the government
at Palermo—they brought a letter—they represented themselves both by verbal communication and by the communication of a written document as the agents of an existing independent government—the British Government had not acknowledged that existing government as a European existence, and I therefore 1 could not receive them officially in the capacity in which they represented themselves as coming—I received them as organs of commnunication from the government of Sicily, but we bad not acknowledged that I government as an existing European power—the government of Sicily had declared the deposal of the Royal family of Sicily, they bad declared themselves independent—they were at war.
Cross-examined by SIR FITZROY KELLY. Q. Was not the introduction of these gentlemen to your lordship contained in a despatch, in writing, from members of the existing government at Palermo? A. It was—I believe this I (produced) to be the original letter, and this I conclude is a translation of it I—I think the government of Sicily declared itself independent early in the I year 1848—they were in possession of the whole of Sicily except the citadel I of Messina—there was a considerable interval of time between the period I when the Neapolitan troops were expelled from Palermo, and the period when, I in Sept., the expedition sailed from Naples, and, as far as I know, during that I interval there were no active hostilities going on between the parties—the I hostilities which took place in Sept. were suspended by the intervention of the admirals of the French and British squadrons on the spot, for reasons which have been publicly stated—very early in the dispute between Sicily and Naples, application was made by the Sicilian Government to the British representative at Naples, and frequently renewed, before any communication with Prince Granatelli and Mr. Scalia—their communications with me were founded upon those applications, and were a continuance of them—the suspension of hostilities was brought about, think, in Sept. by the intervention of the two admirals—there was a mediation on the part of our I government for the purpose of effecting a cessation of hostilities, in the early part of last year, and it continued till this year—I have been minister for foreign affairs during the whole of that period—I am not aware that there was any resumption of hostilities after Sept. last, until March or April this year—I was aware that there was a Parliament established in Sicily, and a president—in the communications of Prince Granatelli and Mr. Scalia, they frequently adverted to that fact—I was aware of the seizure of the Bombay the officers of the government—I had nothing officially to do with that—in the defendants' communication with me they stated that the constitution which bad been established in Sicily was a modification of that established under Lord William Bentinck in 1812.
SIR FREDERICK THESIGER . Q. Did your lordship learn from Prince Granatelli, or Seignor Scalia, or either of them, that the de facto government of Sicily had been carried off in the Vectis to Marseilles? A. I am not aware that I heard anything to that effect from them—I think I learned from them that the president was Ruggiriero Settimo—I do not recollect hearing the name of La Farina—I knewthat the Marquise de Torriazza held office—I did not learn from them what office he held, but I have no doubt that at that time he was Minister of Foreign Affairs—they were conversing on topics that led me to mention his name, and I have no doubt they did so, but I have no distinct recollection of their having informed me that he was Minister of Foreign Affairs—during the whole of the time in question the Prince de Castelcicala was the accredited minister of the King of the Two Sicilies in this country.
HENRY HARCOURT WYNN AUBREY . In 1807 I held a commission as lieutenant in Her Majesty's 31st Regiment of foot—I was subsequently appointed to the Royal Horse Guards Blue, and served in the Peninsula under the Duke—in Sept. 1848, while residing at Pisa in Tuscany, I received commission from Colonel Hugh Forbes, in consequence of which I had subsequent communications with the existing government of Sicily, and frequently with La Farina, the minister of war—in consequence of a communication made to me by Colonel Forbes, and from a letter I received from the minister, La Farina, I went to Palermo on 12th Nov., 1848—I saw La Farina, and attended three councils of war there, in company with Colonel Forbes—Li Farina was president, and was always present, with other members of the government—they were then acting as the government of the country—in consequence of instructions which I received from La Farina himself, in the war-office, on 18th Nov., I afterwards came to England—these are the in-structions (produced), and this letter, dated 4th Oct., is the letter I first received from Colonel Forbes while I was at Leghorn, in Tuscany—it is countersigned by La Farina—Colonel Forbes was inspector-general of the Sicilian forces under the provisional government—both the communications are in Italian—I have got translations of them—I quitted Palermo on 19th Nov., but did not arrive in England till 20th Dec, as I was charged with other matters, my official instructions were to report myself to Prince Granatelli, 55, Brook street—I did not know what he was any more than that he was a commissioner of the Provisional government—he was styled Sicilian envoy in my official instructions—before I quitted Palermo I received a 200l. letter of credit from the Marquis de Torriazza, the minister of foreign affairs—on 21st Dec. I went to Brook-street, and inquired for Prince Granatelli—I was admitted, and on first sending up my name, I was received by Mr. Scalia—the prince came in shortly afterwards, and Mr. Scalia presented me to him—I said to Mr. Scalia, my name is Colonel Aubrey, I am an officer in the Sicilian service, and I am ordered to report myself to the Sicilian envoy, Prince Granatelli, and I was proceeding to report myself and the orders I bid received, when Mr. Scalia stopped me by saying, we are perfectly well awars of it, but we are waiting for further letters or instructions from our government—I mentioned that before the Prince came in, and when Mr. Scalia presented me he mentioned my name to the Prince, and told him exactly what I bad stated to him—the Prince did not say much, except that they were waiting for instructions—we had not much conversation on that occasion—I merely called to report myself, as a matter of form—the Prince said he was well aware what my mission was—I understood he had received information from private friends at Palermo, but they were waiting for official instructions—they both told me they were perfectly well aware of the object of my mission, but they had not received instructions or money, and if my mission involved a considerable sum of money, very little could' be done without money, and they requested me to call in a few days, or a week, and they would most likely have received instructions on the subject—I then left—I went again very soon, because I was anxious to know whether the money had arrived—it was about a week after—I rather think the Prince was not I present on that occasion, but the interview I had was with Mr. Scalia—he told me no money had arrived to pay for the expenses of my mission—I did not present my instructions to them, because I thought it was perfectly unnecessary, as they seemed to be perfectly well aware of the whole thing—I told Mr. Scalia on the second occasion that my orders were to embark part of the
men I was to raise equally on board two steamers, which they bad purchased—Mr. Scalia said, "It is true that we have purchased two steamers, and very fine steamers they are, but all the money is not paid for them"—I am not certain whether the names of the vessels were mentioned on that occasion, but they were subsequently repeatedly mentioned—they were the Bombay and the Vectis—I then mentioned to Mr. Scalia my intention of embarking the men on board the two steamers, that I was directed to do so in my official instructions—Mr. Scalia said that he thought it would be I highly imprudent to do that, that it would be running a great risk, and I understood him also to say that he should advise the Prince, or would himself communicate with the government at Palermo, on the subject—he seemed averse to have them put on board—he said there was great risk of the vessel I being seized—the British government would, in fact, interfere, and it would I be to the great risk of the steamers—I then asked what I was to do with the I men, how they were to be sent—I had told him I had to send one battalion, 1200 men, and 60 as a reserve—a great deal of conversation passed on the I subject of the contracts for clothing the men, and I particularly told him that I had got my own uniform made up according to the instructions, and I should like to show it him—he said he should like to see it very much; I did I not show it him—I do not think anything else passed on that second occasion I—I had subsequently more than a dozen interviews—after that I went there I constantly every week—I do not recollect any other conversation about the I steamers, further than that they told me they were very fine vessels indeed, I and the Vectis was at Liverpool, and she was in a more advanced state, and I would be ready sooner than the Bombay; it was Mr. Scalia said that, he I appeared to me to be the man of business, he always acted—I think the I Prince was present—that was when I came there to receive further instructions, or to know whether any orders had been sent from the government—I always learnt that no funds had been remitted—the answer always was, I "No instructions, no money"—they said they were anxiously waiting for a remittance from the government, and if the remittance was not, as I understood, soon paid, there would be an unpleasant circumstance as to the steamers, for the deposit-money that had been paid—I understood they had paid a large sum of money on account of these steamers, but there was more to be paid, and if this money was not forthcoming they Would be in a scrape—I asked them, when they were both present, if they could give any reason I why this money had not arrived, and they answered, that they could only account for it, because a loan which the Provisional Government had been in aegociation for with the French Government had failed—I understood it was for 750,000l.—I did not understand from either of them on what the loan was to be raised but I knew it—on one occasion, when Prince Granatelli and I to. Scalia were both present, and we were speaking of the steamers, I asked them who was to command the Bombay, and the answer was, that at that moment they were in want of a person—the person who had been engaged, I understood, was of the name of Parker—they asked me whether I knew of any English dashing fellow who would like to take the command of the Bombay—I said acquaintance among the naval officers, but I would make inquiry through my agent—I knew perfectly well how the Bombay and vectis were to be employed—spoke to my agent, whose name is Latchford, and he immediately made inquiry, and wrote me a note, in consequence of which I waited on Prince Granatelli and Mr. Scalia with Mr. Latchford and lientenant Waghorn—it was twelve o'clock when we arrived at Brook-street
and we were told the Prince was not up—Lieutenant Waghorn said he could not remain, and it was agreed we should return at two—I returned at two with Mr. Latchford, and saw the prince and Mr. Scalia—Lieutenant "Wagbom did not return—I informed the prince and Mr. Scalia we had found just the very man they wanted to take the command of the Bombay—Mr. Latchford then communicated to Mr. Scalia who and what Lieutenant Waghorn was—that Lieutenant Waghorn, if they would confer on him the command of the Bombay, would engage to have her fitted out in less time than any other man could do it, because he was a friend of Mr. Pitcher's, or Pilcher's, or some such name, who I understood was the ship-builder—Mr. Latchford told them that if they took Lieutenant Waghorn into their service, and gave him the command of the Bombay, he would engage, out of the eighteen steamen which the King of Naples had in his service, to bring in twelve of them, that he would answer for, but he could not answer for the other six—Prince Gra natelli did not speak at all, but when Mr. Latchford had finished speaking in English to Mr. Scalia, I stopped him and translated it, word for word, in French, fearing he did not sufficiently understand English, in order that he might perfectly well understand what Mr. Latchford said, and the Prince answered in French, "Cela sera bon four nous," and he rubbed his hands, shook his head, and appeared very well satisfied—the interview ended by Mr. Scalia telling us that he would make an immediate communication to the government at Palermo, particularly asking what the address of Lieutenant Waghorn was, which he took down in writing, because they said they could not engage Lieutenant Waghorn themselves, but could only recommend him and would wait for instructions—that was what they were to write about—I do not recollect that anything was said about the vessel's guns—they did not say what was to be done with the vessels, or their destination—on 15th Jan., in the present year, I took a letter to Prince Granatelli and Mr. Scalia, I and left it with a servant at the house—(the notice to produce this letter was admitted, but it was not produced)—this is a copy of the letter (produced)—it contained an enclosure, the letter of the minister of war, La Farina, dated 18ti I Nov., containing my final instructions—I made this copy myself, in my own I writing—this is the original—(letters read—"15th January, 1849. To His Excellency Prince Granatelli, and the Hon. Mr. Scalia. Gentlemen,—I have the honour to send you enclosed a copy of the last instructions I received from your government at Palermo on 18th Nov, last. Since my arrival in London I have called several times in Brook-street, for the purpose of learning whit I instructions have been sent to you in respect to myself for the mission with which have been charged by the members of the Provisional Government of Sicily I and which mission I have, to the best of my ability, endeavoured faithfully to execute; and, as far as depends upon myself, no exertions have been sparted to carry it through in strict conformity to the orders I received, confidently I relying upon the good faith of the Sicilian government to transmit to England I agreeably to the assurance made to me at Palermo, the requisite funds to meet the several engagements I have found it necessary to enter into on behalf of the Sicilian government. I feel satisfied that you will readily afford me every information in your power; and I have now the honour to represent to you, as commissioners of the Sicilian government in London, to whom I am officially directed in my instructions to apply, that I have now been one moo" I in England waiting for orders and instructions from the Sicilian government I and 1 therefore consider it my duty respectfully to submit to your consideration the expediency of coming to a clear and prompt understanding on this
subject, and request you to furnish me with your advice and opinion as to the way in which I shall act, and which you may consider best calculated to meet the views and promote the interests of the Sicilian government; and I have also to request you will be pleased to favour me with as early a reply as possible; and in case you have not yet received instructions, to transmit immediately a copy of this letter to the government of Palermo. I shall then wait the return of the answer. Signed H. H. Wynn Aubrey"—the following I believe to be a literal translation of the enclosure—I made it myself (read—" Palermo, 18th Nov., 1848. Most worthy Colonel,—To-morrow, profiting by the French steamer, conformably to what has been now agreed upon, you will depart for England, where you will embark all those disciplined troops which you will find ready to be removed to this place; in respect to the remainder of the men that will he necessary to complete the battalion according to what has been agreed upon with Colonel Forbes; if they are not ready at the moment, you will be pleased to wait for instructions from this government, according to which, and conformably to the conditions which you will find therein prescribed, you will either re-commence the enlistment, or desist altogether from the undertaking: the soldiers who will be sent here with their respective officers will receive their respective pay from the day of their embarkation. Do everything with the greatest zeal and with the celerity corresponding to the urgency of the present state of Sicily, and with the truest sentiments of esteem believe me, &c. G. La Farina." (The answer of Prince Granatelli and Mr. Scalia to Colonel Aubrey was here read as follows—"London, 23d Jan., 1849. Sir,—We have received your letters of the 15th instant, enclosing a copy of a letter, and we have delayed replying to it, waiting from day to day for news from Palermo. What we can assure you of is, not having received instructions which can possibly relate to you, or which treat of the mission to which you allude. Not being able in any way to correspond to your wishes, we must limit ourselves to suggesting that you should write to Palermo, whilst we on our side will make known the communication we have received from you")—I communicated to the Prince and Mr. Scalia the contents of Colonel Forbes' letter which led me to Palermo, and also the instructions—I did not read the letters to them, but I made them acquainted with the contents, as Colonel Forbes desired me to mention to the Prince that he wished his two boys sent out in the Bombay to Palermo, and that the government had transmitted an order to that effect, together with some money—he had already communicated with the Prince to that effect—these are the official instructions of 4th Oct., about the two boys—the letter is countersigned by La Farina—I told them I was come to England for the purpose of raising a body of troops that was to consist of 1260 men, that I was to enter into contracts to supply all these men with arms, clothing, and equipment of all sorts, and necessaries, in order that they should be able to take the field in the most effective state—I told them, that in consequence of my having written to the agents from Leghorn and Lyons, that I was coming and telling them what to do, that the matter was already in a very advanced state as regarded my mission with reference to the men and contracts—I told them these men were to be embarked on board these steamers, according to my orders, and then to make the best of our way to Palermo without loss of time, and then, with the assistance of Lord Palmerston's guns, we should be able to make very active resistance—I told them it was not my intention to remain to be attacked at Palermo, but we intended immediately to proceed against the King of Naples, and endeavour to oust him out of Naples as quick as possible, to proceed to organize an
expedition by stirring up the Calabrians—I also told them that application had been made to me to get an admiral to command all the steamers, and that I had been ordered to send the admiral without loss of time to Palermo—I told them the admiral was Captain Hanchepp, of Her Majesty's navy, a man who had four wounds in his body, and could not walk very well—I told them that orders had been sent for him to go to Palermo, to be engaged as High Admiral of Sicily—there was a great deal passed at different times, which at this moment I do not recollect, but I gave them the fullest knowledge of my mission in every way, and they understood it most perfectly—I told them that everything was in a forward state—I told them I was ordered, in my official instructions, to have the men's uniform made precisely similar to the English troops, the coats to be red, with white facing, and the trowsers dark green, so as to have the colours, red, white, and green, which are the Sicilian colours, and the buttons and breast-plates were to bear the emblems of Sicily—these are some of them (produced) neither the Prince nor Mr. Scalia saw them—I only explained to them how the uniforms were to be made, and I told Mr. Scalia I would bring him my uniform to show him, but I did not, in consequence of his not answering a letter which I wrote to him, and I did not go—I cannot precisely say when it was that I ceased to communicate with them—I did so in consequence of a letter which I received from Colonel Forbes about the month of February—my contracts remained as before with the contractors, who held me responsible—they were not exactly completed, in consequence of not knowing the number of men we should have—I never received the funds to enable me to do so—the contracts were left in an unfinished state—the clothes were partly made, I had seen them myself, and had my own regimentals—I had not enlisted the 1260 men, but they were engaged—I never was on board the Bombay till after she was seized—I went on board about the 20th March, four or five days after she was seized—I am not acquainted with the fitting up of vessels for war purposes.
Cross-examined by SIR FITZROY KELLY. Q. Are you a colonel in the British army? A. No, I hold no rank at all in the British army—my first commission in the British army is dated 10th Sept., 1807, as an ensign in the 31st Regiment of Foot—I ceased to belong to the British army after the battle of Vittoria, for which I wear this medal—I was then a lieutenant in the Royal Horse Guards Blue—I was a lieutenant-colonel in the Spanish service—when I first communicated with the Sicilian Government, while I was it Pisa, I was living as a gentleman in my own house, on my private fortune—I entered into the Sicilian service in Oct., 1848—I was to be paid full pay as a colonel—they were to pay me in ounces, what was equivalent to about 24s. a day—after I was thus engaged in their service I was admitted to their councils of war, and bore part in them—I went over to the enemy, when they treated me like rascals, when they placed me in a position, which I am extremely happy of having an opportunity of explaining publicly—it was when they sent Mr. Castellia over here to take away the steamers—it was early in March when I ceased to act for the Sicilian Government—I first communicated with the agents here for the Neapolitan Government about the 10th or 12th March—it was then that I communicated to them what had taken place between the Prince, Mr. Scalia, and myself—from that time to this I had more or less been in communication with them—I should say I could swear that I had twelve interviews with the Prince and Mr. Scalia, but I should think there were nearly fifteen—I am positively certain I had twelve interviews with both or one of them—I never bad a communication with them in the presence of a third person, except once, when Mr. Latchford was present—when
I wrote a letter to them containing the inclosure, I received the answer, which has been read, on 23d Jan.—I never received any other letter from them, except a note from Mr. Scalia, which was of no importance—I wrote to them on 19th Feb., this is the letter (produced)—I have got a copy of it—they did not answer it at all—I wrote them another letter on 26th Feb., this is it (produced)—I did not receive any answer to that—I did receive a note, but whether it related to that, whether it was in reply, I do not know—I never received any answer to that letter of 26th Feb.—after 26th Feb. I received no communication of any kind whatever from them—the first person I communicated with, on behalf of the Neapolitan Government, I was Mr. White, of the firm of White and Broughton—they are solicitors to Prince Castelcicala, and they were solicitors to my family many years ago—they never acted as my solicitors—I saw Prince Castelcicala himself, as near as I can recollect, on 13th March—I never told Prince Granatelli or Mr. Scalia that I would betray what passed between us to the Neapolitan Government—I never gave them the slightest intimation that I was, or ever would be, in communication with the Neapolitan Government—I have not received any money from any of the agents of the Neapolitan Government; I am to receive some; am I obliged to answer that question?—it was agreed that I was to receive the pay which the Siclians owed me—that was six months' pay, 300l.—I am to be paid that for assisting with my evidence to seize the Bombay steamer—I did give evidence, on which the seizure took place—I was the informer on that occasion.
SIR FREDERICK THESIGER . Q. Tell me the reason why you left the Sicilian cause? A. I was charged with a commission from the Sicilian Government to this country, which embraced a considerable sum of money—when I came to this country I went to the contractors, and made the contracts for these articles—I showed them my letters of instruction, and asked them whether they would execute the contracts or not—their answer was this; "Colonel Aubrey, we know nothing of Provisional Governments, but we know you and if you will be responsible, and will not leave England, and in short will personally guarantee to us, we will execute these contracts;" and I pledged my word and honour I would do so, and when I found no money or instructions came, I found myself in a very peculiar position, and the contractors were pressing me very much—I then wrote to Colonel Forbes to tell the Provisional Government of Sicily, that if the money was not sent, that I should be under the necessity, in consequence of what the contractors would oblige me, to seize the steamers, to save themselves, to pay themselves, I then imagined, as an action for debt; and I have a letter from Colonel Forbes to prove that he did make this communication to the Government of Sicily, and the result *u, that instead of acting like honest men, they send a man here with private instructions to get these steamers away as soon as possible; and Colonel Forbes wrote to me: "Now, Colonel Aubrey, save yourself, they are playing tricks with you; seize the steamers;" and I did—they wanted to throw me over, but I was rather too deep for them—the contracts amounted to 1,500l.
BENJAMIN LATCHFORD . I live in Upper St. Martin's-lane, Westminster, and am a military accoutrement-maker. In Oct. 1848, I received a commision from Colonel Aubrey on the subject of some accoutrements—he was not then in England, but arrived on 21st Dec.—I saw him the next day, and reported what I had done in pursuance of the communication I had received—I also received a communication from a Colonel Forbes of Sicily, in consequence
of which I went to Brook-street (that was before Colonel Aubrey arrived in England)—I saw Prince Granatelli—he was alone—I told him my name was Latchford, and said I had received letters from Colonel Forbes and Colonel Aubrey, who I had no doubt he knew—he said he knew Colonel Forbes very well, but he did not know much of Colonel Aubrey, he had heard of him, and he was very happy to see me—I said I was contracting to supply arms accoutrements, clothing, &c. to the Sicilian Provisional Government—I stated to him that my letters made mention of two steam-boats—he said he did not know much about the steam-boats, or the arms, or accoutrements, and said I should get more particulars from Colonel D'Amico—it was with some little difficulty I could understand him—he did not speak English very well—the names of the vessels were not mentioned, nor was anything said as to the use to which they were to be applied—nothing was said then as to the purpose—I was preparing arms, muskets, swords, rifles, clothing accoutrements, caps, boots, shoes, &c.—nothing was said in this first conversation with Prince Granatelli as to how they were to be sent—I afterwards went in search of D'Amico, and found him in the neighbourhood of Hanoversquare; I cannot call to mind the name of the place—I went to the address the Prince gave me—I did not afterwards state to the Prince or Mr. Scalia what had passed between D'Amico and myself—(SIR FITZROY KELLY objected to the reception of evidence of any conversations with D'Amico, as only tending to prejudice the defendants, but the COURT considered it admissible)—I went to D'Amico and told him my name, and that I had been with Prince Granatelli, who had recommended me to call on him—he said he was very much fatigued, that he had not long arrived, but he would see the Prince soon—he could not attend to much that I had to say, but I told him that I understood there were two steamers purchased, or about to be purchased, and that we were getting on with the arms and accoutrements, &c. in accordance with letters that I had received from Colonels Forbes and Aubrey—he seemed very much pleased, thanked me, and said he would see me some other time—Colonel Aubrey was not in England at that time—I saw him on 21st or 22d Dec., which was, I think, six weeks or twomonths after my interview with D'Amico—I accompanied Colonel Aubrey to Brook-street, and found Prince Granatelli and Seignor Scalia there—I think they were together—Lieutenant Waghorn had accompanied us to Brook-street, but he was impatient, and did not remain to see the Prince—I do not recollect the beginning of what passed, but it was to the effect, that in consequence of letters I had received, and applications made to me by Colonel Aubrey, I had made inquiries among my friends respecting a man something after the sort of Sir Charles Napier, to command the steamer, and I had succeeded in finding a man of the sort they wished, Lieutenant Waghorn, a man who had worked his way overland from India, and was well known in the Mediterranean; and that in conversation with him he had explained to me that he was well acquainted with the position of every vessel the King of Naples had, that he had eighteen steamers, and twelve of them were so situated that if he had command of the Bombay, manned with British, he could fetch the twelve out in twelve days, one each day—the Prince did not seem to understand me very well, and Colonel Aubrey explained it to him in some other language, upon which he rubbed his hands and seemed highly pleased; but he did not talk English on that occasion, and I do not know what he said—I fancy he said something, not much, in reply to Colonel Aubrey—I am not acquainted with the French language—I recommended Lieutenant Waghorn as a very highly spirited individual, and I thought a
meritorinus officer, such an one as they wanted—Mr. Scalia told us they must communicate with the government, they could not make the appointment themselves—some explanation was given to the Prince as to the rank of Lieutenant Waghorn, as he could not quite understand what a lieutenant was, and after that they said they should write to the Government immediately on the subject—I afterwards went down to the Bombay at Black wall, and found Captain Moody in charge of her—I made an inquiry of him respecting Colonel Forbes' two sons—he told me that he had no instructions to take two boys to Palermo with him—I told him I was certain they were to go in that vessel, as the other was gone—he said, I cannot take them unless you get an order—asked him from whom, that if he thought proper I would go to Prince Granatelli and get the order, because Prince Granatelli and Mr. Scalia, as envoys, had got the order from the Sicilian Government for them to go out—he said, to save the trouble of going to the west-end, I might go to the agents, I think he said in the Old Jewry, and he gave me the name and address—I went there, and the agents were not at home—Captain Moody desired me be as expeditious as I could, for early on Friday morning he should leave; river—this was on the Wednesday.
Cross-examined by SIR FITZROY KELLY. Q. You never did get any such order, I suppose, from the Prince or Mr. Scalia? A. I did not.
WILLIAM EDWARD GILPIN I am an army clothier in the Strand. I received order from Colonel Aubrey for clothing, caps, accoutrements, knapsacks, and all other articles requisite for a regiment of 1200 men, and I was desired by him to prepare patterns of the clothes, which I did—the breastplate and buttons produced are what I so prepared—I furnished Colonel Aubrey with a form for himself as an officer.
BERNARD WEBB DRYDIN . I have been for some years in the navy—year I was carrying on business as a. Commission Agent at Liverpool—a steamer called the Vectis arrived there—I went on board, and seeing that she a very nice craft, and hearing from the agent, Liberto, that she was to be fitted out for the insurgent government at Sicily, I applied by letter to Prince Granatelli, and Mr. Scalia for the first lieutenancy or the command of her—followed up my letter to which I received no answer, and came to London and had an introduction to Seignior Scalia, and I presume the party who I never did speak to was the Prince Granatelli—I repeated to them the substance of my letter, that I wanted service—I stated that I had served in seven vessels of war, steam frigates, (that is so)., and was with Lord Keene up the Indus in the gun-boat service, that I had been eighteen or nineteen years at sea, and felt myself fully qualified to carry a vessel into action—Seignior Scalia said he could give me nothing definite in the way of an answer then—I saw him afterwards several times—he told me that he could not give me an answer as to being put on pay until they heard from their emissary, who I presume was Captain Castellia, who had gone over for funds—I had no positive information with regard to the Bombay from the Prince, or Seignior Scalia—I had my information from the intended Commodore Parker—on one occasion I had the pleasure of being at Brook-street to breakfast with the Prince, Seignior Scalia, and Commodore Parker, but nothing took place that I could take notice of to give in evidence—Captain Parker and myself were in the habit of freely talking on the subject of Sicily, or the destination of the Bombay, and Seignior Scalia was present; not several times, only on that one occasion—I heard Seignor Scalia say that the Bombay and Vectis were going out for the purpose of being war steamers against the Neapolitans—seignior Scalia did not tell me that Captain Parker was to be commodore—I
heard that from Parker himself—nothing was said to me by Seignior Scalia as to the persons who were to be employed—I went on board the Bombay I think early in March—I saw Mr. Wilcox, jun., and Captain Moody on board I—I told Captain Moody that I had been pending an engagement to go out and join the insurgents at Palermo, since Nov., and I wanted for the sake of saving expense to be appointed an officer of the Bombay until such time as I got out there—I told him that I had been so long with favourable hopes held out to me by Seignior Scalia in conjunction with Prince Granatelli, and he had always given me reason to suppose I should go out in the Bombay as the Vectis had gone, and it was to be hoped that I should not be kept hanging on any longer, but should have a berth at once—Captain Moody said,"If you bring a note from Prince Granatelli to me, I will make an officership for you, I am full at present—I was on board the Bombay more than once—I had an opportunity of observing the way in which she was fitted out—she was decidedly fitted out as a vessel of war, and a very fine one too—there is a great difference between a merchant vessel, and a vessel of war—in the first place she had masked batteries for swivel guns—that is by slipping sundry bolts out of the bulwarks you have the whole surface of the deck for the play of a 32-pounder, or 28-pounder, whichever it may be, so that you may have a large swivel gun—she also had circles fitted for fighting guns, and also holes pierced for fighting bolts or caronades for shot or shell—she had strengthening knees for fighting guns which you have not in a merchant vessel—they are to sustain the weight of traversing guns to save the deck from being weakened—she was a very comfortable ship for a sailor, for she had everything in proper man-of-war fashion, hammocks, battens, and all the rest of it—they had hammock-netting I believe, but I will not swear to that, but hooks for slinging hammocks; I did not observe how many—I saw racks for small arms, and I understood there was a magazine, but I did not see it—I believe there were two galleys—it is not usual for a merchant vessel to have two, and there would be but one in a man-of-war like the Bombay in my opinion: it depends on the style of the vessel; there are two generally speaking.
Cross-examined by SIR FITZROY KELLY. Q. Did Prince Granatelli say anything to you, that you can remember, on any of these subjects? A, No; he was not present when the conversation took place about the steamers—the vessel was so constructed that it would receive swivel guns—there Were none actually put on board to my knowledge—I saw no arms at all on board, nor any armament or furniture for the purposes of war—I think I first saw the vessel in the latter part of Jan.—I am not acquainted with the Peninsular and Oriental Company's Steamers—I am aware that the government mailpackets are constructed to receive at least four guns of the largest size, large swivel guns such as I have described—I was never actually engaged for the Bombay—I applied repeatedly, but never got a definite answer one way or the other—I was last on board the Bombay I believe in the afternoon of the day the men were paid their advance notes, and I believe she was to stert next morning—that was early in March, I think—at that time she had not, to my knowledge, received any armament, or arms of any description on board—I have no idea what number of men were on board at that time—I saw but very few—not more than half-a-dozen, for they were ashore getting their notes changed—I cannot tell how many hammocks there were.
SIR FREDERICK THESIGER . Q. You have been asked whether you know the government mail-steamers, are those what you call war-steamers? A. No; there are two distinct classes, one is a proper man-of-war, and the others may be made either a man-of-war or a merchant vessel—I have never
seen one of the mail-packets with circles, but they might be made capable of fighting broadside guns—the Bombay had no guns on board, but she was fitted up to fight her way anywhere—in about six hours you might launch the guns, and have everything necessary to fit her for action.
DAVID HENRY WATSON . I am one of the surveyors, outwards, of the Customs. I know the Bombay, and Capt. Moody—I have frequently been on board—the first time was on Thursday, 15th March, and repeatedly since—she was decidedly equipped as a vessel of war—she was equipped as a war-steamer, both fore and aft; there were brass sweeps or circles for one gun forward, and one aft; I should say for 68-pounders; and underneath each of those circles are beams supported by pillars, and other strengthening fastenings, capable of supporting such heavy weight—to enable these guns to be used effectively it is necessary that the bulwarks should fall down to enable the guns to fire over them—that was so in this vessel—on each side there are four racks with the requisite fittings of fighting bolts and rings, and bolts for working heavy carronade-guns—below I saw racks for musketry pistols cutlasses and boarding-pikes, such as are found in all war-steamers, to the extent of four times the amount of what would be required for the ordinary crew of a merchant-steamer of that size—I also saw hooks in the beams for berthing or sleeping of two hundred seamen—I also saw where the magazine was, but I did not enter it—the chief officer told me it was the magazine, capt. Moody did not—my impression is, that she had two galleys, but I think she would have had the same amount of galley-room as a packet steamer—I saw holes pierced in her for fighting bolts or carronades for small shot—she was not filled up as any merchant-steamer would be, however; large, if intended for peaceable purposes—it is decidedly weakening a vessel cut down her bulwarks, that is a matter of necessity, and for war alone—is not usual for government mails to have falling bulwarks, or circles for 68-pounders—they are so constructed as to be capable of having guns if called on to do so, but they would not be perforated in that way, and fitted with the requirement for warfare in the ordinary course of events—I took possession of the Bombay on Friday, 16th March; she was at the Black wall-buoy, and capt. Moody was in command of her—her steam was up, and if I had been ten minutes later I should not have got her—there were no guns on board I am aware of—I had an opportunity of seeing her crew on the previous when they were shipping, she had what I should call a fine fair crew, not for war purposes—she had somewhat short of sixty hands—I retained possession of her seven weeks, and gave her up on the 4th May, in consequence of orders from the Treasury.
Cross-examined by SIR FITZROY KELLY. Q. By whose orders did you her? A. The Commissioners of Customs—I had taken part in the previous proceedings, in fact it was in a great measure from my representation that she was seized—I did not derive my first information from Colonel Aubrey; I knew it a week before I saw him—I had had my eye on her, and watched her proceedings for some time—I put myself originally in motion upon it, and subsequently collected such evidence as I could; each day strengthened my evidence; several persons gave me information from time to time, subsequently other informations were laid quite independent of me—I laid the official informations to the Commissioners of Customs, that there were certain things going on, and in consequence I received certain instructions—I seized her on the ground that there was a violation of this act of Parliament—that was, I presume, communicated to the Government—I received my instructions to release her from the Commissioners of Customs, but I
believe they came from the Treasury—I should say the strengthening of the vessel was such as was necessary if in its original construction it was contemplated that guns of a large calibre should be put on board and used—I do not know of my own knowledge that every vessel of the Peninsula and Oriental Steam Navigation Company is built so as to be capable of taking and working four guns of the largest calibre; I believe it to be so—as this vessel was originally constructed, I should say she would be capable of carrying a hundred and fifty passengers besides the crew of sixty; but the deck has been altered, and I should say she could not now carry forty passengers—of my own knowledge I do not know of any guns being on board—she was just about to sail when I seized her.
Cross-examined by MR. MARTIN Q. I think you have said that you had had your eye on this vessel for some time? A. Yes, some weeks—the first person I saw connected with the Neapolitan embassy was, I think, Mr. Finch, clerk to Messrs. White and Broughton, the attorneys for the prosecution—I should say that was either at the end of Feb., or beginning of March—he came to me; it was full sixteen days before the seizure—I had paid attention to the vessel two or three weeks previous to that—I saw him several times before the seizure—I have not received anything for my services, nor any promise of anything—I am 3l. or 4l. out of pocket—I do not expect to receive any—I am not aware whether the law gives me anything—of course I expect what the law gives me—I do not expect to receive any compensation for my services in this matter.
SIR FREDERICK THESIGER Q. I believe Mr. Finch was collecting evidence on the subject of this vessel when he came to you? A. He was, and he obtained my evidence; at least he came to give me certain information in regard to the Bombay—I have been on board the Peninsular and Oriental Steam Company's vessels—I think I have seen most of them—I have never seen any of them fitted up with circles for traversing guns—I never looked to see whether they had strengthening knees, until my attention was called to this—I have understood that the scantlings of these vessels is sufficiently strong to enable them to be fitted up as war-steamers—I never saw the contract; but it is a matter of general notoriety, that they are to be built with a certain scantling.
WILLIAM SMITH ALLEN . I am a joiner, and have been engaged in the business nearly all my life—I was employed by Mr. Gear, the foreman to Mr. Pitcher, somewhere about last Oct., to work on board the Bombay—I continued to work at her till sometime in Feb. I think—she was lying in the East India outward-bound dock—there were other persons employed at the same time in doing work on board—there was a person on board who gave orders what was to be done—I do not know who he was—they used to call him the colonel—he was a short, darkish man, I never heard his name—the vessel was fitted up in a very splendid manner—I should say it was more like a ship-of-war than a merchant-vessel—I never saw a merchant-vessel fitted up like her—she was much stronger than any boat I had ever been on board before—I know the mail-boats, I should think they have above 100 cabins on board, I do not think there were twenty on board the Bombay—there was metal down on the deck for the traversing of the guns, and there were fresh carlins fore and aft—carlins are pieces of timber put in between the beams to strengthen and support the deck where the guns traverse—they were put in very near the finish of the job about Jan.—I should say the metal circles were put down about the same time—there was a magazine down on the haul-up deck—it was fitted up with shelves to put anything on; and I saw a tin-canister of some kind there—I did not have much to do with that
part of the work—it appeared to be for the purpose of fitting into the racks—there were racks for muskets and swords, but I did not see them fixed—I was newer down in the armoury—there was a door leading into the powder-magazine—when that door was closed, it seemed all fair together—I should say people could observe that there was a door there—it was a common door—it slid up to let the light in—I was never in that part but once, my work lay more in the cabins.
Cross-examined by SIR F. KELLY. Q. Mr. Pitcher is a large ship-builder; is he not? A. Yes, he builds ships for the Peninsular Company—I do not think that the dark-looking gentleman who gave directions about the work was either of the defendants—what I have been talking about applies to the Bombay, and not to the Ganges—I mean there were carlins in the Bombay—I was on board the Ganges—I never saw any carlins pot into the Ganges after she was originally constructed—I know they were put into the Bombay at the time I speak of; because I let pieces in to make good the beams afterwards—they were in the after-cabin—I think I finished working at her about the middle of February.
THOMAS RHODES . In March last I was at Liverpool, looking out for a berth—Captain Moody examined my papers, my discharge, and register-ticket, and I was admitted as a merchant-seaman on board the Vectis—I saw Captain Moody on board the ship, he was the master of her—I signed the ship's articles—Iunderstood we were going to the Mediterranean—Capt. Moody handed my papers to Capt Bingham, and I sailed under him—the ship's articles were read, I think, by Capt. Gawson, as I understood his name was—there were two Sicilian officers on board; one was named Castellia, and the other's name I newer knew—the crew consisted of about thirty-five—we sailed on a Saturday morning in March, two or three days after I saw Capt. Moody—we first put into Lisbon, as the engines wanted some repairs—we stayed there three or four days, and went next to Gibraltar, where we stayed several days—we had a little cargo to put on board the Fortune, and I understood we were waiting for Capt. Moody to come out in the Bombay to meet us—Capt. Moody did not say anything while I was on board the Vectis on the subject of the Bombay—to the best of my knowledge Castellia was to be captain—he took the command out of Capt Bingham's hands; sometimes altering the courses—he seemed to me to have the superior command, and he gave directions to Capt. Bingham—from Gibraltar, we went direct for Sicily—we did not touch at Malta, we laid off Palermo—we lowered the life-boat there, to see whether Palermo was blockaded, and Capt. Castellia went away in her, and went on board another vessel—when he canre back we put the vessel round and ran for Trapani—a lot of Sicilians came on board there—the vessel was very near sunk with them—they were people of all descriptions, from the priest to the pauper—they brought a flag with them of these colours (red, white, and green); and I saw things like these, with three legs and a head in the centre—it was brought into the forecastle, and shown me by a man named Nicholls—we anchored at Trapani, and afterwards slipped the anchor and ran for Palermo—as we were rounding the point to get into Palermo, we fell in with a small steamer, and we hoisted the Sicilian colours at the peak or gaff—the company's flag is a private signal, in the shape of a diamond—before we got into Palermo that signal was doused and another hoisted—we went into the mole, and next day all of us were landed at the castle by Capt. Castellia—I was afterwards put on board the Phillippe Augusie and sent to Syracuse; from thence to Malta, and came home.
Cross-examined by SIR F. KELLY. Q. You were engaged to go to some
port in the Mediterranean? A. Yes, and then to get another ship if I could and if not I was to be brought to England in one of the Peninsular Company's vessels—I was an able seaman—we were to have 5l. for two months if we came home at the Company's expense, and 7l. 10s. if we found a ship ourselves—I entered into a contract in writing—this is it (produced)—there was no ship belonging to the Peninsular Company at Palermo when we landed there—I came home from Malta in the Indus, which is one of the Company's vessels—I arrived in England on 23d May—I have had my wages, but have not been paid for the four or five days that I was starving at Malta—I communicated with the persons engaged for this prosecution the instant I saw it in the paper—I came up to London on purpose—I applied to them, and offered to give evidence—I am to be paid the same as if I was at sea—I am paid 2l. 10s. a month, and 16s. a-week for my board-wages, from the time I went to give evidence—that is continuing now.
SIR FREDERICK THESIGER . Q. What are your ordinary wages as an able seaman? A. 2l. 10s., 2l., and 2l. 5s., and my rations—there were two passengers on board the Vectis, Captain Castellia and another dark man—they were both Sicilians; no others,
CHARLES M'CULLOCH . I have been employed as a stoker on board steam vessels. In March last I was at Liverpool—I saw Capt. Moody there, and applied to him for a berth—he said he had no charge of the ship Vectis at all, and told me I must go to the engineer—I did so—the engineer engaged me, and I was afterwards on board when the ship's articles were read; I think Capt. Moody was present, but I cannot swear what the articles expressed, I was not in a state at the time to say—I was taking my farewell of England, and I was not sober—I did not hear Capt. Moody, or anybody in his presence, say anything about the Bombay following the Vectis—I went out with her, and came home with the rest of the men in the Indus, and was paid off at Southampton.
Cross-examined by SIR F. KELLY. Q. I suppose you are to be paid like the rest? A. I expect it—I suppose it comes to a good trifle now—I have been paid, when I returned from a voyage, at the rate of 4l. a month, and 3l. 5s. and 3l. 10s.—that does not include my expenses—I have had my board—it is five or six weeks ago that I first saw anybody about giving evidence here—I have never asked for any pay for that, and have never been promised anything.
RICHARD POTTER . I was quarter-master on board the Vectis. I was engaged by Capt. Moody, and went on board at Liverpool, I remember the ship's articles being read before the vessel sailed—Capt Moody was present at the time, and Capt. Bingham and Capt. Gawson—Castellia was not there—Capt. Moody did not, to my knowledge, say anything about the Bombay—the Vectis was fitted up with circles on deck to mount two large swivel-guns—there were very strong beams across, underneath the circles—there was a magazine—I never saw any armour in the racks on board—my duty was to steer the vessel—the quarter-master does not have charge of the arms—I had charge of the lamps, and everything that way—after we left England, Capt. Bingham took the command of her till after we left Gibraltar—Capt. Castellia interfered several times in altering the courses after we left there, but not before—we could not tell exactly who then was in command—we went to Sicily, and were pretty well up to Palermo when we bore away again for Trapani, and stopped there that night—there was one Sicilian man of war sailing vessel there—ten or a dozen of the crew of the vessel, with the boatswain, came on board the Vectis in the morning to assist in heaving the
anchor up, but we were forced to slip the cable and run for Palermo—a Sicilian steamer came out of Palermo—we had English colours up at that time, but they were hauled down, and the Sicilian flag hoisted—Capt. Castellia spoke to the officers on board the Sicilian vessel, and after that we ran into the Mole and came to moorings—on Friday morning I was sent ashore I to the castle—there were two other steamers in the harbour with the Sicilian flag—I left for Malta in the French steamer, and came home in the Indus.
Cross-examined by MR. CHAMBERS. Q. Was it blowing hard when the men came on board to assist in getting up the anchor? A. Yes; it had been agreed the night before that they should come on board—we could have got up the anchor without their help—they went with us in the vectis to Palermo.
GIROLOMO RINONDO (through an Interpreter.) I am a native of Palermo. In the latter end of January or February I went to Brook-street, to the Prince Granatelli, to apply to him to give me directions how to go back to Sicily—I was a stranger in this country—the Prince asked where I came from; I told him from Palermo—he asked if I liked to go to Sicily, as I knew there was a revolution there; I said,"Yes"—he said,"If" you like to go to Sicily, here is a steam-boat here named the Bombay, lying at Blackwall; the captain is an English captain, named Captain Moody; there is a person named D'Amico on board, who is something in command"—that she was going to Palermo against the Neapolitan government—that she was going from here to Gibraltar, from Gibraltar to Malta, and from Malta to Palermo—he said,"You are a young man, and if you go in the Bombay, you will be in service at 12 dollars a month, victuals and clothes—I told him yes, and he gave me directions to go to Blackwall to the Bombay, and speak to the captain, and said,"Mr. D'Amico will be here to-morrow, and I will give him instructions"—he gave me this card (produced), and told me to go and see Captain Castellia, and hear what he said—he said,"You are a young man; I know a man that is in Sicily now, who has behaved very well, and got promoted; and if you do the same, you will be promoted yourself"—I went to Gerrard-street and saw Captain Castellia, who said,"There is another steamer at Liverpool; you may either go with me in her or in the Bombay"—(the Prince had told me Castellia was the captain of the steamer at Liverpool)—that the terms were 12 dollars a month, victuals and clothes, and that the vessels were to go against the Neapolitan Government—I went on board the Bombay in the bason at Blackwall—Captain Moody had the command—D'Amico was on board, and said,"Are you a Sicilian?" I said,"Yes;""Who sent you here?""The Prince Granatelli;""Well, I will peak to Captain Moody about you"—Captain Moody asked me if I should like to be the steerer of the ship; I said,"Yes"—he said the wages I was to have were 12 dollars a month, and if I came in the course of the week he would let me know more—Captain D'Amico said,"You are a young man, courage, we must try to die; courage, we must go forward, and if we die, our friends will be left afterwards; you come the day after to-morrow; we shall go to try the steamer at Gravesend"—I went on board at Blackwall on the day after the morrow, when she was tried—the Prince and Moody were on board—I do not know Seignior Scalia—there was a pilot on board, and Captain Moody commanded the men—she went to Gravesend, and came back at about five o'clock to Blackwall—I had been on board seven or eight times before that—the circles for the swivels were laid down; there was only one piece wanted—after the trial trip Captains D'Amico and Moody told me repeatedly to come to-morrow and the day after to-morrow—D'Amico afterwards refused to receive me—they suspected something of me—I went
on board, and he said,"What are you come here for? go ashore; I don't want to have anything more to do with you."
Cross-examined by SIR FITZROY KELLY. Q. What was your line of life before you went to Prince Granatelli's? A. A sailor; I had been ship-wrecked—I was in necessity at the time, but not so much—I told my necessity to the Prince—I had been to the Neapolitan Consul and asked for assistance, and he said,"I can do nothing for you, because you are not under our flag, because we are not peaceable with Sicily," and told me to go to Prince Granatelli, that he was the person who would do for the Sicilians—I did not tell the Neapolitan Consul what had passed between me and Prince Granatelli—I saw Mr. Castellia three or four times, I did not confess to him that the Neapolitan Consul was to pay me a sum of money if I could get an engagement on board the Bombay; nothing of the kind—he told me here yesterday that if I did not come to the Court he would give me 100l. or 200l.—on my oath Prince Granatelli was on board the ship on the trial trip; I spoke to him—I know him, and have seen him and spoken to him—that is him (touching Seignior Scalia)—Captain Moody entered into an engagement with me to employ me on board the vessel.
Cross-examined by MR. CHAMBERS. Q. Do you understand me? A. Me understand very well on board ship—if I was on board ship I should understand that gentleman (Sir Fitzroy Kelly)—I cannot talk English very well—I talk English in my business, but no more—the name of the Consul for Naples is Gillone, he did not give me any money—I only went to him one time—I have got 14s. a week from Seignior Bianca (Mr. White) since I was turned out of the Bombay—I went to him in February—I was not seeing him from day to day while going on board the Bombay to get employed—I have been sworn to-day according to the form of my country—I have not said that I have told one story and must stick to it, or I should be sent to the galleys—I have not said that the Neapolitan Consul told me so—if a person does not tell the truth he will suffer for it—I last sailed in the Augusta Jane, twelve months ago next September—before that I was in the Fume, an English vessel, at Ply-mouth—I have sailed two years in an English vessel since I left Palermo; the last was wrecked on the coast of Africa, the Island of St. Vincent, in September—I came to England in the Fume, or Smoke—before February I was in a Neapolitan vessel, the Carglia; I left her at the London Docks—I was paid by having my passage to England—I have been on board the vinia, a Sicilian vessel; that was two years ago—I left her at Liverpool—I deserted from her—if I had gone back to Sicily, I should not have been punished as a deserter, because there was a revolution there. I told the Neapolitan Consul I was a shipwrecked sailor in great distress, but did not ask charity—I said the same to the person I have called Prince Granatelli; he gave me 10s.—I signed no articles for the Bombay.
SIR FREDERICK THESIGER . Q. Did you always believe the gentleman you touched was Prince Granatelli? A. Yes; all the conversations that I said I had with him apply to that gentleman—the card was given me by him—Captain Castellia is in Court; that is him (pointing him out.)
GIOVANI CHEERUP (through an interpreter). I am a Maltese. I applied to D'Amico for a berth as cook on board the Bombay at Blackwall—he said he would speak to Captain Moody about me—he said the vessel belonged to Sicily, and that she was for Palermo, to go against the King of Naples—he said,"If you come to-morrow you will see Captain Moody, and he will give you an answer"—I went next day, and saw Captain Moody—D'Amico was there also—Captain Moody asked me whether I was a Maltese;
I said,"Yes"—he said,"Have you ever been aboard a man-of-war before?" I said,"Yes, I have"—he asked if I had got any certificates where I had been; I showed him my certificates—he asked what wages I wanted; I said, 5l.—he said the Sicilian Government could not give more than 4l.; I said I would accept 4l.—I went on board five, six, or eight times—I was on board I when she went to Gravesend—I saw two circles laid down on the deck for guns to be worked on; one was put forwards and the other afterwards—that I was done about two weeks before the vessel was taken to Gravesend—Captain I Moody, D'Amico, and the men who did the work were on board at the time I—they had a model of a gun on board at that time, to see how it would act I on the circle—Captain Moody met me on the pier at Black wall, and asked I me whether I knew any other Maltese or foreigners that would take service onboard—I went next morning with some men, and asked Captain Moody if be wanted some men; he said no, he did not want me nor any men—this I vessel was fitted up as a man-of-war.
Cross-examined by MR. CHAMBERS. Q. What man-of-war did you ever I serve on board of?—answer me—you spoke English very well at the Police I Court. A. Not much—I speak a word in the kitchen, no more—I have I served on board English men-of-war for twelve years—the Sophia, the Carysford, the Smoke brig, and the Belvedere frigate, and I have been in English merchant vessels as well—I do not know when I first mentioned that Cap'tain Moody asked me if I had served on board a man-of-war—he asked me for my certificates, I showed them to him, and then he said,"I see you have served on board a man-of-war"—before I took the men to Captain Moody, I had not I seen Mr. White or the Neapolitan consul—I went the evening before to different places to get these men—I did not know them at all—I get 14s. a week I now from Mr. White—I have had that ever since Captain Moody discharged me—I found a person to take me to Mr. White; that is the person (pointing to a person in Court), I do not know his name, I never knew him before—he found me out at Black wall after Captain Moody sent me away—I told him this, and he said, "Well, come along with me, let us see one gentleman, that is Mr. White"—that gentleman had not told me to fetch the men and take them to Captain Moody—I saw that gentleman the same morning Captain Moody discharged me, about an hour and a half after, at the back of Black-wall-gate—no one was with him—he spoke to me in English—I do not know what he is—I am receiving something weekly now—Captain Moody spoke to me in English, he does not speak Italian.
MR. BODKIN. Q. Before you produced your certificates to Captain Moody did you ask him anything about having served on board a man-of-war? A. Yes—I do not see the person in Court now that took me to Mr. White.
CHARLES AUGUSTUS FERGUSON . I am a mast and block maker, and a gun-carriage manufacturer. I know Captain D'Amico—I was present in January last when my brother took an order from him for four gun-carriages for four long 68-pounders—I have seen D'Amico several times on my premises—he is a man of about five feet seven inches, a dark, handsome-looking, gentlemanly man—the carriages were supplied from our place; my brother superintended everything—I do not know where they went to—at the time D'Amico gave the orders, he said two of them were for the Bombay, and two for the vectis—my brother is not here.
Cross-examined by SIR FITZROY KELLY. Q. I presume you have no knowledge at all that these guns were ever put on board the Bombay or the Vectis? A No, not at all; they never were to my knowledge; they were shipped on board some vessel in the river for some port off Portugal.
BENJAMIN COLE . I have served on board steamers and other vessels as a coal-trimmer—I was engaged as a coal-trimmer on board the Bombay for two months—I was discharged on 15th May, by Mr. Walker, the chief officer—I did not see Captain Moody sign my discharge, but I have it here (producing it)—when I first went on board I applied to Captain Moody for the situation, and he told me I might have a situation if I came on board the next day—that was on 14th March, and I signed articles on 15th—Captain Moody gave the orders—the crew consisted of forty-one or forty-two, including firemen, trimmers, sailors, and all—I have sailed in more than one vessel of war—the Bombay was fitted perfectly as a vessel of war—I sailed on board the war steamer Salamander for two years and three months, and also on board the Meteor war vessel and the Carron, all government vessels—I have sailed on board merchant steamers also—I am aware of the difference of the mode of fitting—the Bombay was fitted directly as a vessel for war—there were fittings for arms under the half-deck, racks for muskets, small arms, and boarding-pikes—there were screws in the beams of the haul-up deck for hammocks and lockers for nearly 200 men, fore and aft—the gun-fittings of the Bombay were improvements upon those I have seen—I saw a hollow shell and some shot on board—I handled a shell and a shot, and compared them with the racks, and I am perfectly satisfied that the racks were fitted to receive then-there was a passage right through the engine-room into the haul-up deck: I do not know what that was for, I never saw it in a man-of-war or in a merchantman—I should say it was a perfect retreat fore and aft in case of boarding or storming.
Cross-examined by SIR FITZROT KELLY. Q. Were you on board at the time she was seized? A. I was; she had her steam up, and expected to sail every moment—in whatever condition she was intended to be sent to the Mediterranean, she was in that condition then—she was so constructed as that with guns and arms and ammunition, and a sufficient crew, she would have been in a condition to go to war—at the time she was about to sail she had not a sufficient crew for warlike purposes—we were engaged under the Peninsular and Oriental articles—I never saw any guns or muskets or pikes on board-there were hammocks enough for the crew—there were certain bales on board, I should think for use—I do not think they were bales of goods—I saw part of their contents—more men signed articles than sailed—whatever the articles contained was the contract to which I and the others were parties—the ship was perfectly ready for action, except wanting the guns, the arms, the ammunition, and the crew—the shell I have spoken of was a model shell, lying in the rack—I cannot say whether the bales were cargo or not—it was something like serge—those bales were on board when the vessel was seized.
JOHN ROBINSON . I know Captain Moody's handwriting—I believe this discharge to be his writing—I have seen him write, but have never been close enough to notice it—I was boatswain on board the Bombay—I went on board on 15th March—Captain Moody engaged me; I asked him for employment, and he gave it me—I was to go the voyage with him to Gibraltar and Malta, and any port or ports in the Mediterranean—that agreement was reduced into writing, and I signed it—there was nothing agreed upon different from that agreement, it was wholly confined to the articles—(The COURT under the circumstances would not receive evidence as to the nature of the agreement unless the articles were put in: they were not produced)—I slept on board most every night—I have served on board men-of-war—the Britannia, the Water Witch,
and the Warspite—I never sailed in a war steamer, I have been on board I them—the Bombay was decidedly fitted as a war steamer—I saw a dark man, a foreigner, on board, who gave orders about the work the first time I was on I board—I do not know his name, we used to call him the colonel—she would I carry 250 men, marines and all—there was complete provision for hanging hammocks for as large a crew as that—there were racks for arms of all description, and two magazines, one forward and the other aft—I did not see any shot or shell—I heard the second mate on one occasion give orders to send people down to heave one shell overboard—that was after the vessel was seized—I did not go below myself—there were large tanks on deck for water, which would last 250 men for two months—if she had had a war crew, we I could have got her ready for action in one day—I have not seen either of the defendants on board, except Captain Moody.
Cross-examined by SIR FITZROY KELLY. Q. Were you on board at the trial trip? A. No; I went on board on 16th March, I think; but I was at work on board previous to that for two months and twelve days—I have been six years and eleven days in the Mediterranean—I never served the Peninsular Company.
ENOCH NORCOT . I was cook on board the Bombay. I went on board five or six times before I joined her, while she was lying in the dock—on those occasions I saw Captain Moody, and asked him where she was bound—he slid,"For the Sicilian Government, bound for Malta"—he said she would be ready in two or three days—I saw some foreigners on board, I do not know who they were—I should know the person they called the little colonel again; I have not seen him here to-day—I once had a shell in my hand while on board—Mr. Pitcher was there at the time, and said it was a mischief-making thing and ought to be chucked overboard—I put it down on the deck again—I did not do or see anything done witb the shell—I saw some bales come on board containing bedding and clothing apparently for soldiers—I was not on board at the trial trip—I went on board after that, and was on board when she was seized—the bales were on board when I joined her, in the fore part of the ship below—Captain Moody was in charge of her after I joined her—I never served on board an English man-of-war.
Cross-examined by SIR FITZROY KELLY. Q. What is Mr. Pitcher? A. A ship-builder at Northfleet—I saw him on board several times—I do not know that he is the ship-builder for the Peninsular and Oriental Company—I have seen him in Court to-day, I believe—the shell I have spoken of was hollow—the bales were sewed up; one was open, I do not know who opened it—there might have been ten or a dozen of them—they must have been on board of the vessel when it was seized—I did not see anything of them afterwards—I did not sign any articles.
Cross-examined by MR. CHAMBERS. Q. How long was it between the time when you first went on board and the time when you actually went, was it a month? A. Yes; better than a month.
JOHN DONOUGHUE . I have been a sailor five years. On 14th March, I went on board the Bombay, saw Captain Moody, and asked him for employment—I knew him, and had seen him several times on shore—I asked him if he had all his hands shipped—he said,"No," and I was to come to-morrow—I went again on 15th, and asked him again if he had all his hands shipped—he said,"No; stop a bit, I do not know whether they will all ship yet"—they all came aft, and some would not go for the money, and I went in one of their places—when I was on board on 14th, I saw a shell lying on the deck
on the starboard side, abaft the funnel, aft—I heard some directions given about it—Wood, the fireman, was called, he picked it up and went towards the side of the vessel, towards the gangway with it, I do not know where it went to; I did not see it afterwards—I came again on the 16th; I was down below then and saw about fifteen shells there in the manger forwards; there might have been less—they were shell, as far as I could see; it was dark—there was a man below handed one up, and Luton, a waterman, who was on board, took it from him and took it forwards—it was a shell, not a round shot—I have not sailed on board war vessels, I never was on board one—I know the difference in the fitting of a war vessel from a merchantman—I have sailed a good deal in the merchant service—the Bombay was not fitted up like a merchantman—I saw shell-racks on board of her abaft and before the crank—I never saw such a thing on board a merchantman—they were on the upper deck—I saw the circles on the deck—I noticed that the port-holes fell down; I never saw that on board a merchantman, that would enable a party to work guns on the deck, and a great many extra ring bolts to what there would be in a merchant ship—some merchant ships have one gun aft and one forwards, and ports that take out of a hot day—I never before saw any preparation for a 68-pounder fore and aft—I did not see any guns on board—she looked to me as if she was prepared as a war vessel—that was the general run in the ship's company.
Cross-examined by MR. CHAMBERS. Q. What merchant vessels have you been on board? A. The Bucephalus, of 900 tons, belonging to Mr. Smith, I have sailed in her to Calcutta—she is a free-trader, and carries out passengers—I have not been the whole five years in East India vessels—I have been in other ships—I have seen a shell before I saw this one—I have seen them in the Tower, piled up, where the guns are—I do not mean cannon ball—there were other men in the ship who saw these fourteen or fifteen shells—I cannot tell you their names, because they will not come and speak, they are not allowed—the Custom-house officers came on board on 16th—I think there were four of them—I was not on board when they came—I found them there afterwards—they used to be watching on deck, but they were asleep all the time mostly—all the time I was on board the vessel after 16th, the Custom-house officers had charge of her—I was paid off on 15th May—I stopped there till my time was up, two months—she laid off the buoy, and then she came inside the dock gates—I stayed in her six weeks or two months—the Custom-house officers were not on board all that time, they went away after she was cleared—they took away the bags, and clothes, and every thing—the water at the buoy was deep enough for a vessel to swim at low water—I do not know when it was that I first mentioned to anybody about the shells—it was a good while after I was paid off.
Cross-examined by SIR FITZROY KELLY. Q. Did you sign any articles? A. Yes, on 15th March—I went on board a day or two before that—I remained on board from that time till she was seized—I used to go ashore sometimes—I was always on board from March to May—I remained on board till after she went back into dock—for several weeks she was never out of the possession of the Custom-house officers—I remember some bales being down in the orlop deck—they remained there all the time the Custom-house officers were on board, and after they left—they were got out when she was in the dock.
MR. CLARKSON. Q. What became of the rest of the shells? A. I do not know; next morning they were all gone—I know the difference between a shot and a shell, there is a hole in a shell—I think a shot is smaller, and it
has no hole in it that I am aware of—I do not know whether these shells were hollow, I did not take them up.
THE PRINCE DE CASTELCICALA . I am the accredited minister of the King of the Two Sicilies to this country, and have been so about ten years; the title of His Majesty is,"Ferdinand II., King of the Two Sicilies"—by my official dispatches I was informed in the year 1847, that a revolution had broken out in the Island of Sicily—the seat of Government is at Naples; there is a local administration at Palermo, acknowledged by the Sovereign—it present our flag is white with the royal arms in red—these things produced are not the emblems of the Two Sicilies—since 1847, down to the present time, there has been peace between this country and the Two Sicilies—I know Prince Granatelli and Mr. Scalia by sight, they do not hold any office of any kind under the King of the Two Sicilies—I met Prince Granatelli at Lord Palmerston's—I was going there by appointment, and in the ante-chamber I met them—I also met them at Lady Pamerston's soirees—Prince Granatelli and Mr. Scalia have not been accredited in any way to this country by the King of the Two Sicilies—this prosecution has been instituted by my directions.
Cross-examined by SIR FITZROY KELLY. Q. Has your Excellency been in this country continually from the commencement of the troubles in Sicily? A. I have; all I know of the events which have taken place in either kingdom is derived either from dispatches or from sources of information open to all—I had my eye on the Bombay for some time—I took steps with a view to cause her to be seized—I wrote to Lord Palmerston about it, but it is impossible for me to say the date—it was perhaps three months ago—I did not succeed in persuading his Lordship to seize the vessel—I never entered into any communication with any officer at the Custom-house, respecting the seizure—I cannot tell whether my solicitors did, I left it entirely to them to do as they thought proper—they are the same gentlemen who are conducting this prosecution—I do not exactly recollect when I first instructed my solicitors to take steps with respect to this prosecution—I gave the necessary orders—Mr. Minasi is the Neapolitan Consul—I have seen the person described as Colonel Aubrey, I think twice—perhaps it might have been on the subject of these proceedings—whatever bargains have been made with witnesses to pay them on any grounds whatever, have not been made by me—I gave my solicitors authority to do whatever they thought proper, as soon as I heard of these steamers fitting out against my Sovereign—I never spoke to Prince Granatelli in my life—I only know him from having seen him at Lord and Lady Palmerston's, and in the street occasionally afterwards, and the same as to Seignior Scalia—I never had any kind of communication with Rinondo, I do not know him even by sight—a great number of persons have come to me about this business, and I have referred them to my solicitors—sometimes I have not seen them.
Cross-examined by MR. CHAMBERS. Q. Were you resident at Naples in 1812, some time before the Treaty of Vienna? A. No; I was acquainted with Sicily in 1812—I was not acquainted with the constitution as then established—I cannot say that I knew the late Lord William Bentinck at that time, I was rather too young—I was at that time in the British army—I was not in Sicily with Lord William Bentinck—I do not know what was the nature of the constitution established—there is a King and house of Parliament in Sicily, like there is here—there are two chambers, like there is in France, a chamber of peers, and a chamber of deputies—I was ambassador to
Switzerland before I came to this country—I went to see the Bombay from the dock-pier at Blackwall long before she was seized—I did not go on board—there was no one on board—it was late in the evening—I merely went to look at her from curiosity—the King of Sicily has built vessels in England through my means, Mr. Pitcher built them for him—he did not build any last year—no vessels have been built for him within the last two or three years—they were war-steamers that Mr. Pitcher built for the King of Sicily—the guns and ammunition were not provided in this country, but at Naples—a Neapolitan officer and crew came over to take them out—they were not fully manned—a regular contract was made by the builder, as well as with the person who provided the engines, and it was sent to Naples to be ratified—the King of Naples was not then at war, or in contemplation of it—he was in want of war-steamers—he has always had war-steamers—I am not advised that his navy has been increased during the last two years—I think there are some English engineers in his navy, but I am not aware that there are any English officers.
NOT GUILTY .
Before Mr. Common Serjeant.
GEORGE SHORT . I am landlord of the Bird-in-the-Hand, at Stratford; the prisoner was in my service. On 2d July I gave him 1s. 8d. to buy half-a-bushel of oats—when he came back I asked him how much he had, and he said "Half-a-bushel"—I asked who served him—he said,"Miss Colby"—I went there, and afterwards gave the prisoner in charge.
WILLIAM STOREY (policeman, K 149). Mr. Short charged the prisoner with having given him 1s. 8d. and only having spent 10d.—he said he had paid 1s. 8d. to Miss Colby—I searched him, and found 6d., two fourpennypieces, and 7d. in copper in his pocket.
GUILTY. Aged 20.—Recommended to mercy. — Confined Two Months.
JOSHUA MATTHEWS . I am in the service of John Foulger, of Walthamstow. I saw his gun safe in the tool-house last Sunday-morning at eleven o'clock—I saw the prisoner run away with it—I ran after him—he dropped it and got off—this is it (produced).
Cross-examined by MR. BALLANTINE. Q. Did your master know you had the gun in the tool-house? A. He knew I used it—the prisoner was about twenty yards from me—I did not see his face—I saw his back, the back of his head and his hair—I believe his hair is now in the same state that it was then—I asked him for the shot-bag and powder-flask, which were also gone—he was taken about three hundred yards off, in the Lea-bridge-road—the man I ran after got into Alderman Copeland's grounds—a man went back with the gun—I came round and met the prisoner—he was taken in about half-an-hour—I swear he is the person.
Cross-examined. Q. Did he not say he knew nothing of it? A. I do not remember those words—he was with somebody else.
MR. BALLANTINE called
JAMES ARDEN . I went out with the prisoner last Sunday—we started at seven in the morning and went towards High Beach—he was taken about half-past three o'clock—he had been with me from the time we started till then.
NOT GUILTY .
Before Edward Bullock, Esq,
SAMUEL KIRBY . I live at Romford, and deal in potatoes and peas. About eleven o'clock on the night of 22d June, I was going to London with a load of potatoes, and found a sieve of peas on the road belonging to Samuel Seabrook—I know him well, I put them on my cart, and drove on to overtake his wagon—I spoke to the man—he said they did not belong to him—I drove past the wagon with it, and saw four men in the road—the prisoner was one—he came and deliberately took the sieve from the back of my cart—I said, "What are you going to do with it?"—he said,"What is that to you?" or something of that kind—I called "Police!"—he said,"Don't make a noise about it; it fell off, and I pushed it up for the purpose of putting it on again"—it is impossible that it could have fallen off, if it had slipped it would have come into the cart—I gave him into custody.
Cross-examined by MR. PARNELL. Q. Is the sieve here? A. Yes, it has "S. Seabrook" on it—I spoke to the man on Seabrook's wagon, and he told me to take it on to the man from whose wagon it had fallen—I had got perhaps four miles from where I picked it up—I put it on the bind loader—I saw it safe not ten minutes before.
Cross-examined. Q. How long afterwards? A. About a quarter of an hour—I knew him before as the associate of thieves—there had been a gala that day, but there were very few people on the road.
GUILTY . Aged 26.— Confined Three Months.
Before Mr. Common Serjeant.
GEORGE FLEMING . On 29th May, I was at Greenwich fair. I felt something at my pocket, turned round, and saw my handkerchief across the prisoner's shoulder, I took it from him—this is it (produced)—I had seen it safe five or ten minutes before—there was another one, who got away.
WILLIAM THOMAS ARTHUR (policeman, R 202.) I was on duty at Greenwich fair, and saw the prisoner and four others in company about four o'clock—I watched them till about a quarter to six—two of them attempted to pick two pockets but did not succeed—about a quarter to six I saw the prosecutor and his wife standing opposite a booth—the prisoner was on the right aide of him, and I saw him draw the handkerchief from his pocket—he was in the
act of flinging it across to one of the others when the prosecutor turned round, got hold of one end of it, and said,"I have a great mind to give you into custody"—I said,"I beg your pardon, he is already in custody." (The prisoner put in a written defence, stating that a lad named Drury, who went with him to the fair, had taken the handkerchief.)
GUILTY .** Aged 18.— Confined One Year.
GUILTY . Aged 30.— Confined Three Months.
JOSEPH WILLIS . I am in partnership with Thomas Willis, at 2, Frederickplace, Lewisham. On the 11th of June, about half-past one o'clock, I found the three prisoners in my shop—they wanted some French ribbon—I placed a box of ribbons before them, which Somerville and Burton looked at—Sherburn in the meantime asked for a cap—I turned on one side to get it—she said it was too dear—the two others bought two yards of ribbon and something else, and they went out—a constable came in—I looked at the box and missed two pieces of ribbon—these are them (produced).
WILLIAM NOAKES (policeman). I saw the prisoners together at Millpond Bridge, Bermondsey, and followed them down to Greenwich. They went into seven or eight drapers' shops—Somerville and Burton went into the prosecutor's shop, and Sherburn went in about a minute afterwards—Sherburn came out in four or five minutes, and waited about thirty yards from the shop—the others then came out, joined her, and they went away together—I left another constable to follow them, Went in, and told the prosecutor what I suspected—I then went after the prisoners and found them together—Somerville directly said, pointing to Sherburn,"That person is not with us; we know nothing about her"—I took them to the station, and the prosecutor identified them.
Sherburn's Defence. We all three live together in Shoreditch; we went to see Lee races, and coming along, a woman asked me to carry a small parcel for her, and said she would give me a shilling.
SHERBURN— GUILTY . Aged 20.
SOMERVILLE— GUILTY . Aged 20.
Confined One Year
BURTON— GUILTY . Aged 20.— Confined One Year.
THOMAS LAYCOCK . I am a labourer. On 20th June, about eleven o'clock, I went to a public-house at Shooter's-hill and played at skittles with the prisoner—I drank and fell asleep—I then had my watch safe—I missed it soon afterwards—this is it (produced)—I got it from a pawnbroker's.
Prisoner. He gave me the watch to pawn on Tuesday; I stopped away and spent the money, and next day he gave me in charge. Witness. I did not give him the watch—I have the guard which was round my neck, and I found it cut when I awoke.
GUILTY . Aged 26.— Confined Four Months.
1467. SARAH BURGESS , stealing, on 30th June, at Greenwich, 1 cashbox, 5 sovereigns, 14 half-sovereigns, 20 half-crowns, 60 shillings, and 50 sixpences; the property of Andrew Charles Larkan, her master, in his dwelling-house: to which she pleaded
GUILTY . Aged 15.— Confined Three Months *
GUILTY. Aged 46.— Judgment respited.
SARAH PYE . My husband's name is John; he does not live with me. On 22d December, about eight in the morning, I had a cotton dress on some palings at High-street, Woolwich—I missed it at nine—on 22d June I saw it on the prisoner—I did not know her—this is it (produced)—I know it by a seam across the left shoulder—I made it myself.
NOT GUILTY .
ELIZABETH BUBLEY . I am the wife of Stephen Burley, of High-street, Woolwich. On 15th June, about nine in the evening, I had some towels, napkins, three frocks, and some cotton print hanging on a line in my yard—I was called, and missed them half an hour afterwards, and saw a lad detaining the prisoner with them in her arms—I asked what business she had with them—she said they were nothing but rags—they belong to Mr. John Rook, my lodger—I bad the care of them.
MATTHEW ROOK . I saw the prisoner coming out of the yard wrapping the things up in her apron, and said, "What things have you got there?"—she said, "I have got no things, what I have is of no use to anybody"—I held her till Mrs. Burley came.
GUILTY . Aged 24.— Confined Six Months ,
GUILTY . Aged 19.— Confined Six Months.
1472. AMELIA ROSINA KEMP , stealing 3 gowns, 1 muff, and 3 shawls, value 152.; the goods of Caroline Bussell: and 7 sheets and 6 table-cloths, 5l.; the goods of Ann Flintoff; in the dwelling-house of George Moubray.
CAROLINE BUSSELL . I am a widow, of Vauxhall. I left some property of mine and my sister Ann Flintoff's in the care of Captain Bowker at Greenwich; at his death they came into the care of Captain Moubray, and at the latter end of last year part came into my possession, and I found a box belonging to my sister had been broken open, and a great many things were gone—I had never seen them in it, but I knew it ought to have been full—when the prisoner was taken a month ago she had on this shawl, belonging to me (produced)—I went to the pawnbroker's, and found two crape shawls of mine and a satin dress—I swear to them.
them—I saw Mrs. Flintoff, and then took the prisoner, at her situation, Mr. Aarons, in Sloane-street—she said she purchased the duplicates of Mrs. Tralee a charwoman living at Greenwich, about twelve months ago—she said volun-tarily that they were with Mr. Suter, a groom, at 23, Eaton-square—I got these duplicates (produced) from him—I went to Mr. Aarons, searched and found this dress and two crape shawls (produced)—I went to Greenwich, but could not find any Mrs. Tralee—the prisoner had told me she lived at Shep-herd's-market, and charred at the Royal Hospital.
CHARLES WEBB . I am assistant to Mr. Nash, a pawnbroker, of London-street, Greenwich. I produce three sheets and two table-cloths, pledged by a female on 20th May, 1848, and renewed on 1st May, 1849—these are the duplicates given her.
WILLIAM JOHN SMALLSHAW . I manage the business for Mr. Smith, a pawnbroker. I produce two sheets and a table-cloth, pledged on 10th May, 1848, and renewed on 1st May, 1849, by a female—this ticket here is the one I gave her.
ELIZA FRANCES MOUBRAY . I am the daughter of Captain Mowbray, of Greenwich Hospital. He had a box and some hampers of Mrs. Bussell's in his care—I do not know what was in them—they were all fastened up when they came, and were never opened by any one—they were kept in a room next to the prisoner's bed-room—she lived there twelve months, and left on 5th May, 1848—after she left, a hamper was found open which had been fastened before—some dresses were left in it.
Prisoner's Defence. I bought the duplicates for 15s., 6d. of Mrs. Tralee, who said she charred for Captain Bowker; and I bought three shawls and a night-gown of her for 13s. 6d.; my fellow-servant slept in the room.
NOT GUILTY .
ROSETTA AARONS . I am the wife of Solomon Aarons, of Sloane-street, Chelsea—the prisoner was in my service, and was taken in custody last Saturday three weeks—she said she came from Captain Mowbray's, and I had her character from there, but I have since found she lived at another place between—her boxes were searched in a hurry, and nothing was found there—she was taken into custody, and they were searched again, and this silver toothpick of my husband's (produced) was found wrapped up in paper—I know this snuff-box, by its peculiar make and by a dent—some cigan were missing, and a new servant was discharged on suspicion—I never sus-pected the prisoner—I said to her, "What do you think, Catherine has taken your master's snuff-box, as well as the cigars?—she said, "What a wicked person she must be, if I had taken anything of that kind 1 should be dis-covered immediately, I should tremble so"—it was kept in the same drawer with the cigars.
GEORGE HILL (policeman, B 188). I took the prisoner—she sent me to 23, Eaton-square, and I found a man named Suter—he gave me some duplicates, and gave me leave to search his box—I did so, and found this silver snuff-box—he said the prisoner gave it him, and she said,"Yes"—I present when the toothpick was found.
Prisoner's Defence. I know nothing of the toothpick; the snuff-box I found in the garden; the young man said he would take care of it, and it would be advertised.
GUILTY . Aged 23.— Confined Twelve Months.
(There were two other indictments against the prisoner.)
1474. JANE WILSON and MARY ANN WRIGHT , stealing 1 watch, 1 watch-chain, 1 key, and 1 purse, value 3l. 12s. 7d. 3 sovereigns, and 1 half-sovereign; the property of William Revell, from his person; Wilson having been before convicted.
WILLIAM REVELL . I am a labourer, of Charlton, in Kent. On 18th June I went into the Marquis of Granby, at Woolwich, and saw the prisoners there—I went home with Wright—after I had been in her bed-room some few minutes Wilson rushed in and said, "We will take what the b----r has got, and kick him out"—she rushed on me, and put her hand into my right trowsers' pocket, and took out my purse, with three sovereigns and a half-sovereign in it—they held me, and threatened violence—Wilson took my watch and ran into another room with it, leaving Wright with me—they threatened to call up a man to put me out—this is my watch (produced).
Wilson. Q. Did not you come to my place with a policeman? A. Yea; I did not deny all knowledge of you, I am sure of you.
CHARLES MAY (policeman, R 296). On 19th June I took Wilson at Wool wich—she untied the corner of a handkerchief in her hand, and I saw the had some gold and silver, and I found two sovereigns, a half-sovereign, four shillings, and some copper in her pocket—I took Wright, and told her the charge—she denied it.
Wilson's Defence. The man came three times, and denied all knowledge of me.
Wright's Defence. I was not out from nine to one o'clock.
WILSON— GUILTY . Aged 40.— Transported for Seven Years.
WRIGHT— GUILTY . Aged 35.— Confined Twelve Months.
Before Mr. Justice Coliman.
Before Mr. Common Serjeant
GUILTY . Aged 38.— Confined Four Months.
WILLIAMS pleaded GUILTY . Aged 19.— Confined Six Months.
MR. SCRIVEN conducted the Prosecution.
put down a half-sovereign, telling the other to take up his money, for he had more than him, and would pay for him—he then took up the half-sovereign again, and put down a half-crown, saying he had smaller change—I put the half-crown into my pocket, where there was no other money—the prisoners remained about three-quarters of an hour, and then went away—about three minutes after I put the half-crown in the detector, found it was bad, and gave it to my husband—the prisoners were afterwards brought back in charge of a policeman, and I saw another half-crown found on Williams—my husband gave the half-crown to the policeman—he gave it him back—my husband marked it, gave it to me, and I gave it to Dermody.
MARY WOOD . The prisoners came to my shop at Camberwell on 18th June, and one of them called for some brandy—Williams put down a half-crown—a half-sovereign was put down and taken up again—I gave him 2s. 2d. change—I left the half-crown in a little box in my bed-room, where there were three 4d.-pieces and two sixpences, but no other half-crown—no one but my husband had access to it—it remained there till Friday, when I gave it to my husband; he gave it to Sorrell—he went out with it, brought it back, and threw it on the counter—my husband marked, gave it me again, and I gave it to Dermody—it was not out of my sight.
WALTER DERMODY (policeman, P 268). On 18th June, about four o'clock, I saw the prisoners together in Kennington-lane, and had some conversation with them—I received a half-crown from Mr. Prush, and another from Mrs. Wood, and another I found on Williams when I took him into custody.
EDWARDS— GUILTY . Aged 23.— Confined One Year.
1478. EDWARD ELLIOTT , burglariously breaking and entering the dwelling-house of Henry Denny, at St. Mary, Newington, and stealing 1 coat and other articles, value 21.8s., his goods; and 1 shawl, 1 gown, and 1 shift, value 11s.; the goods of Catherine Brooks: to which he pleaded
GUILTY . Aged 21.— Confined One Year.
1479. THOMAS EDWARDS , stealing a watch, value 4l., 1 sovereign, and 10 half-crowns; the property of John Holdford: and 1 coat, value 10s.; the goods of William Dungate, in the dwelling-house of Joseph Terry: to which he pleaded
GUILTY .* Aged 17.— Confined Six Months.
Before Edward Bullock, Esq.
HANNAH FORD . I am the wife of Augustus Ford, shoemaker, of Union-street, Borough. The prisoner was in his employ, and slept there—on 26th June, about seven o'clock in the evening, I put my husband's boots in a cupboard—I missed them, and spoke to the prisoner about them—he said he had put them in his bed-room—I did not go up then as I thought he had made away with them—I went up next morning and they were not there, and I missed a blanket—I told a policeman, who brought the prisoner to me—he said he had sold the boots, and gave mc a ticket for the blanket.
THOMAS RICHARDS (policeman, M 44). I took the prisoner—he said he had pawned the blanket, and gave me the ticket, but denied all knowledge of the boots—he afterwards said, "I took the boots and sold them.
GUILTY . Aged 50.— Confined Three Months ,
NOT GUILTY .
JOHN ALBERT SUPPLE . The prisoners were my apprentices in Kent-street. On 12th June, about seven o'clock, Burrell came to my room, I gave him the key of the parlour, and desired him to request Allen to clean the shoes which were to be hung out at the door, but not to open the shop—in about half an dour my wife went down stairs—I then went down and missed two pairs of shoes—I went in search of the prisoners, and found Allen in the Borough—he ran across the road, and tried to conceal himself—I caught him—he had a bundle under his arm—I asked him what it was—he said a pair of shoes which George Burrell had given him—he said, "Don't hurt me! don't take me! George Burrell gave them to me"—I gave him into custody—I went in the evening to Birdcage-walk, Spitalfields, and found Burrell with this pair of my shoes on—these are them (produced)—they were safe the day before.
BURRELL— GUILTY . Aged 15,— Confined Two Months.
ALLEN— GUILTY . Aged 15.— Confined Four Months.,
(There was another indictment against the prisoners.)
HYMAN COHEN . I am a bottle merchant, of 18, Charles-street, Blackfriars-road. The prisoner's master works for me—yesterday morning the prisoner was sent to work at my house—he bad to move some goods from Wellington-place to my house—I went into the parlour about eight o'clock, and missed a frontlet which is used in the Jewish worship, from a box on the table; also a paper containing a ring, which I saw safe an hour before—the prisoner had been in that room, but he had no business there—I gave information at the station, and on returning saw the prisoner at his master's door with part of the frontlet in his hand—I accused him of the robbery, and said it was my property, and he said he found it in the cart—I gave him in charge of a policeman—he ran away, but I kept sight of him, saw him put his hand into his pocket, take something out, and throw it away; I picked it up, it was this bag, and had the ring and pin in it (produced)—I gave it to the policeman—it is mine, and worth about 19s.
Prisoner. Q. Did not you tell me to take the things into that room? A, No they were to be delivered into the passage.
WILLIAM SMITH (policeman, M 170). I took the prisoner at bis master's door, with part of the frontlet in his hand—he said he had found it in the cart—he run away, and threw something away which Cohen picked up and
gave to me, it contained the ring and pins—I caught the prisoner, took him to the station, examined his trowsers pockets, and found the other part of the frontlet.
GUILTY . Aged 17.— Confined Six Months.
BENJAMIN DUFFIELD . I live in York-street, London-road. On 14th June, between three and four o'clock, I met the prisoner in Gravel-lane—I knew him, and asked him to share a pot of beer with me—I said, I had some recollection of him, and asked if his name was not Brown—he said it was—there was another with him—we had the beer—I treated them—we came out and walked towards home, and when we had got two or three hundred yards, I took out my money to look at it, and there was a sovereign and some silver—the prisoner seized it and said he would go home with me, and when I got to the corner I turned round, and they were both gone.
JOHN MILLS (policeman, M 171). On 14th June, about five o'clock, the prisoner walked over to me out of Ewer-street, followed by Duffield, and said, "This roan has accused me of stealing money"—I had heard previously that there bad been a man robbed of a sovereign—Duffield said he did, he had robbed him of a sovereign, and he was positive he was the man—I took him.
Prisoner's Defence. The prosecutor came and said, "I believe your name is Brown;" I said it was not; he charged me with robbing him of a sovereign; I said I had not, and walked up to the policeman—I never saw him before.
GUILTY .†* Aged 20.— Transported for Ten Years.
HENRY HOBBS pleaded GUILTY . Aged 41.
LOUISA HOBBS pleaded GUILTY . Aged 38.
Confined Six Months.
WILLIAM HALL . I am in the service of Messrs. Miller and Robins, of Nine Elms, lightermen. On Friday morning, 22d June, I saw the prisoner on a barge of theirs—he threw one of their ropes on to the shore, where then was another boy—I knew the prisoner before, I am not quite sure he is the boy—my father ran after him and caught the same boy that threw the rope; it was the prisoner, he was just getting the rope on his shoulder.
JOHN WILLIAM MILLER . I am in partnership with Mr. Robins. I bare no other partner—William Hall came to me, and I saw the prisoner close to the stern of the barge, with this rope, which belongs to us—it had been on board the barge, and part of it was under lock and key—I have seen the prisoner on the shore many times.
Prisoner. A boy stood on the barge and asked me to help him; I did not know it was stolen.
GUILTY . Aged 17.— Confined Four Months.
JOSEPH HARE . On 23d June, I was in Lower Marsh—Ball spoke to me, and I missed this handkerchief (produced), which was in my pocket about three minutes before—I saw a person running, who I believe was the prisoner—I followed him—I lost sight of him for about three seconds, behind some boarding—I came up to him again, and told him to hand over my handkerchief, which he did, and ran away—he was stopped in the York-road.
Prisoner. Q. Where were you? A. In the shop—I was looking out of the door—I am not aware that anybody was standing between you and I—there was another one with you, a party walking behind you.
HENRY LOCKYRR (policeman, A 90). I produce a certificate of the prisoner's former conviction—(read Convicted 10th Nov. 1837, confined nine mmths)—he is the person—he has been tried since and acquitted, and he has had three months since then.
GUILTY . Aged 21.— Transported for Seven Years.
Before Mr. Common Serjeant.
JOHN GREAVES . I am mate of the Henrietta sloop, lying at Cotton's Wharf, Tooley-street. The prisoner was employed there—on 26th April I misted him without notice—I also missed my watch, which I had seen safe ten minutes before in my box with my clothes—I have never seen it since—there was no one else there who could have taken it, except one man who is here.
FREDERICK RHODES . I was on board the Henrietta, and saw the prisoner come from the forecastle, where the mate's watch was—he asked me where there was a water-closet: I told him—he went away, and we saw no more of him till he was found in Morgan's-lane, four or five days afterwards—there was no one else there who could have taken it.
Prisoner. Q. How many persons were on board? A. The captain and the mate, and you and I—I cannot tell whether any of the men who carry the corn were on board—there was no one there during that ten minutes who went down in that cabin.
GUILTY . Aged 21.— Confined Six Months. (There was another indictment against the prisoner).
1489. MICHAEL FENTON FREDERICK COLLINS , and JOHN MURPHY , burglariously breaking and entering the dwelling-house of Thomas Weir, and stealing 245 yards of woollen cloth and other goods, value 105l.; his goods.
MR. CAARTEEN conducted the Prosecution.
runs from the front to the back of the premises, it is under the same roof with the dwelling-house—on the night of 4th June, I fastened the shop up-a window opens from the back of the shop into a yard—I fastened it that night—it was safe at half-past eleven o'clock—the next morning my servant told me something—I went down rather before six—I found that window was open, and one of the hinges of the shutters was broken—I examined my shop and missed a quantity of articles, amounting to 100l. or 105l.—I went for the police—I found this cloth and silk at the station-house, between seven and eight; it is mine, and part of what I lost.
Cross-examined by MR. PARRY. Q. Is not the name over your shop "Thomas Weir and Co."? A. No—I know a person named Moseley, a coach-smith, his place of business is at the back of my shop, in another street—it does not adjoin my shop.
Cross-examined by MR. PAYNE. Q. Which way would the parties have entered? A. From the back window—I do not think they entered through Moseley's, but there is little doubt but they took the property that way—Moseley had been in my premises four or five nights before—anybody that came into the shop could see how the way was fastened that led to his premises—I had suspicions about Moseley that morning, but he gave us every information—my property was found in a cab.
HARRIET LANGSTON . I am servant to Mr. Weir. On the morning of 5th June I went into the back-yard, about half-past five o'clock—I saw that the window from the shop to the yard was wide open—I informed my master.
Cross-examined by MR. PARRY. Q. Was it not half-past six o'clock? A. No, I heard the clock strike six afterwards.
Cross-examined by MR. PAYNE. Q. Are you sure it was not seven o'clock that you heard strike? A. Yes, I counted it—I have no watch in my room—there is a clock on the stairs—I was walking down stairs when it struck.
JOHN MOSELEY . I am a coach-smith, 2, Mansfield-street, Borough-road—the back of my premises comes within a short distance of Mr. Weir's—I have a workshop and stable adjoining my house—Mr. Weir's premises can be reached by going over the top of the shop adjoining my house. On 5th June I got up about five o'clock, and went to work—I had an old cabriolet there, I brought it out of my workshop, and placed it in the street at my front-door—in about five minutes afterwards I was told something, and missed it—I went in pursuit, and found it in Kennington-road, in about ten minutes after I lost it-there was no one with it then—we opened the door, and found in it this property of Mr. Weir's.
Cross-examined by MR. PARRY. Q. How long had you this cab there? A. A fortnight or three weeks—I was not charged with having anything to do with this matter, but there were several came to search the place—I haw been there eleven or twelve months—I occupy a house next door to the shop—a person might have gone over my shop or through my shop, and reached Mr. Weir's premises—we drew the cab out, because we could not work with it in the shop—it was for sale—"For sale" was on the back of it—we drew it out every day—I had drawn it out so soon as five o'clock before—I do not always get up at five, six is our general hour—I and my striker were up at five that morning—my mate's name is James Black well, or Bracknell—I call him Jem—he is not here—the cab was about twenty yards from where I was at work—it was taken away without my notice—when it was taken I was gone into the house for a match to light my fire;—these things could haw been put into it, and a lot of men have come and dragged it away without my hearing it—my shop was searched by the police three or four months ago.
Cross-examined by MR. PAYNE. Q. Where do you sleep? A. In the house—there is a door from the shop to the stable, and from thence to our house—my man Jem said to me that that cab was as heavy as the old one—I did not look to see what was in it—I had been in Mr. Weir's premises a few nights before, from ten till eleven o'clock—after the robbery, Mr. Weir said he thought I had been concerned—two men work with me—there are two forges—I let off part of the house and one forge—I do not lock the shop myself—Mr. Weir has one key, and I generally give my mate Jem the other, to open the shop and call me up—Jem came that morning exactly as I came down.
THOMAS GARDNER (policeman, M 79). On 5th June, shortly after five o'clock in the morning, I was on duty, and saw the prisoners and two other men at the corner of Pearl-row, which is about 130 yards or 150 yards from Mr. Weir's—Fenton, Collins, and a man not in custody, left the other two at the corner of Pearl-row—Fenton pulled his jacket and cap off, and threw them into 39, Pearl-row, where he lives, and said to some one inside, "Why don't you keep the door open?"—he and Collins then turned down James-street—I and another officer took Murphy about half-past ten next morning, at Mr. Simmonds's, the Surrey Coal-hole—I told him it was for being concerned with three others in stealing a cab and a quantity of doth, at the back of the London-road—he said, "You are mistaken; where was the caiman at the time?"—I said that would be explained afterwards.
Cross-examined by MR. PARRY. Q. What time was it when you saw these five men? A. About ten minutes after five o'clock—Pearl-row is on the opposite side to Mr. Weir's, a little way further down.
Cross-examined by MR. BIRNIE. Q. How long were you watching them t A. Two or three minutes—they could see me—I knew the prisoners—the Sorrey Coal-hole is a place where thieves resort.
THOMAS NUTT (policeman, M 81). I was on duty at half-past five o'clock in the morning of the 5th June—I saw the prisoners and one other man at the corner of Mansfield-street—they were all drawing a coo to the turning up Earl-street-1 suspected it was Mr. Moseley's, and I went and told him—he and I went after it, and came up to it, in what I believe is called Vauxball-road—I then saw three men making their escape, but cannot swear that Murphy was one—he was one who was drawing the cab—I ran after the men—I lost sight of them—I saw Fenton taken.
Cross-examined by MR. PARRY. Q. How many were drawing the cab?—A. Four—there was not a person walking by the side at the time I met them—I have not had a good deal of talk with Gardner—I believe he swore to five men being together previously—it was rather better than half-past five o'clock when they were stopped; it was broad daylight—I was close to them when f first saw them.
Cross-examined by MR. PAYNE. Q. Did you see any men fighting in the road early that morning 1 A. About four o'clock two men were quarrellingt the top of the Borough-road—Collins was one who was drawing—I knew them perfectly well—I had seen several more in company with them previously—there was not a man walking by the side who appeared to be giving directions to them—there was no other near them—I never saw more than four with the cab—they were all at work at it.
Cross-examined by MR. BIRNIE. Q. You cannot say that Murphy was one running away? A. No, but I saw him with the cab before—when I got 10 it again he was gone.
I saw four persons with a cab—Fenton was one, he was behind it pushing it—Collins was between the shafts, in his shirt-sleeves, drawing it—I overtook the cab in Vauxhall-road—Fenton and Collins, and one who is absent, were with it then—directly I stopped the coo they ran away—I found these articles in it.
Cross-examined by MR. PARRY. Q. Where were you on duty? A, In Bird-street—I saw the cab about five minutes before I stopped it—it passed by me—I expected that some accident had taken place.
Cross-examined by MR. BIRNIE. Q. Did you see Murphy? A. No.
GEORGE DUNGATE (policeman, L 44). About half-past five this morning I was on duty in Vauxhall-road, and saw Mr. Moseley's cab drawn. by two men in the shafts and one behind it—Fenton and Collins were two of the men—Edgar came up and stopped the cab, and the men ran away into Walnut-tree-walk—I ran after them—I lost sight of them—I came up with Fenton again in West-square—I took him into custody in a water-closet at the back of 20, London-road—I had to get over a wall and a shed to get to him.
Cross-examined by MR. BIRNIE. Q. Was Murphy one? A. I cannot swear to him.
HENRY FOX . I am a painter and undertaker, of Newington-causeway. On the morning of 5th June I met a cab coming across the London-road—on the back of it was a paper, "For sale"—I saw Fenton and Collins drawing the cab, I had seen them before—I informed the policeman—I went after Collins.
WILLIAM FARRANT (policeman, L 167). I met Fox, and from what he told me I went into West-square, and saw Fenton—he said, "You b----r, if you come near me I will serve you out"—I followed him to Union-street, and saw him go into the passage of No. 3—he was taken in a water-closet near there.(George Nowland, a hawker, gave Collins a good character.)
FENTON— GUILTY . Aged 24.
COLLINS— GUILTY . Aged 20.
MURPHY— GUILTY . Aged 25.
Transported for Ten Years.
MR. BODKIN conducted the Prosecution.
MARY BUCKLEY . I am the wife of Timothy Buckley, and live in Vine-yard, Tooley-street. On 27th May I was at home with him—Thomas and Catherine Collins came to the door, and Catherine Collins threw some milk over me—she tucked up her sleeves, and said to my husband, "You dirty old cripple! come out; I'll fight you myself!"—Thomas Collins said, "Have you got a man that will fight?"—Catherine Collins said, "He is not able to fight a man; I will fight him myself," and took her eap off, and struck my husband on the breast with a milk-pot—he was going for a policeman; they followed him: I went after him, and Mary Ann Collins laid hold of me by my hair—Thomas Collins held me by my hands, and Catherine Collins hit me on the temple with a poker, and knocked me down—the second blow was prevented by my husband—my head bled very much—I went to Mary Lynam, next door; Mary Ann Collins followed me; and Catherine Ragan said, "Follow her, Mary; you can manage her yourself, now"—Mary Lynam shut the door, and would not let them in—as I was going in, Catherine Ragan struck me on the eye with her fist—I was taken to the hospital, and was a fortnight in bed—I was coming home, but I got worse,
and was insensible two days and nights—Michael Ragan did not do anything to me; he did to my husband.
Thomas Collins. I did not put a hand near you; did not your brother come out, and catch hold of me, and say, "Would you fight me?" Witness. No.
Catherine Collins. Your brother did it; I went behind, and dragged the poker out of his hand.
TIMOTHY BUCKLEY . I was at home with my wife, and heard a knocking at the door—it was Thomas Collins and his wife—Catherine Collins was after throwing milk at my wife—I closed the door, and she knocked again, and said, "Come out, you old b----r; I will fight you"—I stopped to see if she would go away, but she did not, and I said, "I will go for a policeman"—I went out, and my wife followed me—Mary Ann Collins, and her father and mother, caught my wife—I saw Catherine Collins strike my wife with the poker, Mary Ann Collins having her hair, and Thomas Collins holding her hands—I got her away, and a party came behind and chucked me down—Michael Ragan and Thomas Collins got hold of me at the back of my neck, held me down, and struck me—Ragan said he would break the rest of my bones—they tore my waistcoat and handkerchief; I do not know what became of it—my head was cut—I was picked up by Donovan—here is the waistcoat that I had on; it was new; I never wore it before—my wife was struck with the poker on the left temple—it did not knock her down; they had hold of her—it bled very much—she was in the hospital, and was insensible till the Tuesday night; we could not get her to speak.
Michael Ragan. Q. Did I hold you down? A. Yes, by the neck, till you were taken off—my waistcoat was not torn in my own house, but by you.
MARY LYNAM Mrs. Buckley took refuge in my house—she was bleeding on the head—Mary Ann Collins came to the door, and said, "Send her out; let us have her life!"—she remained till the party scattered; she then went home—I saw her in bed the next day; she was not able to speak.
JAMES HURCOTT (policeman, M 114). On 27th May, late at night, I was called, and found Thomas Collins in his own house—I told him I took him for an assault on Mary Buckley; he said he had not done it—I asked him where his wife and daughter were; he said they were gone—I could not find them for nearly a month—I saw Mrs. Buckley the day after this, and the next day she could not speak; she came to her senses on the evening of the second day.
WILLIAM HINCHLIFF (policeman, M 85). I took Michael Ragan—I told him the charge, and he said whatever he had done to Mr. Buckley he was willing to pay for—on 19th June I went to Pancras-lane, and found Mary Collins; I said,"Mary, how came you to stay away so long?"—her mother began to cry—Mary Ann Collins said,"I did not do anything, it was my mother"—the mother then asked what her husband had got that day (it was the day he had been before the Magistrate); I told her he was remanded—I found this waistcoat in Buckley's house the next day, and some rags, covered with blood.
JOHN LANGFORD . I am a surgeon of Guy's Hospital. Mary Buckley was brought there with a contused wound on her temple, about an inch long—the skin was divided—it might have been inflicted with a poker—it would have required some force—I wished her to remain in the hospital, but she was
desirous to go home—I dressed the wound, and sent the porter home with her.
THOMAS ROBINSON LEADHAM . I am a surgeon. I was called in to see Mrs. Buckley a day or two after this—my assistant had seen her in the mean. time—had recovered her senses—had a contused wound on the left temple, about an inch long-wounds pf that kind on the head are, in most cases, attended by danger—she was not well for a month.
Catherine Calling's Defence. On the day before this I bad a few words with the prosecutrix; she illused me very much; the following day she came, and tried all she could to urge me to fight with her, but I would not; she spat in my husband's face, and struck him several times on the head with a broomstick; her husband and brother came out, and commenced striking my husband; her brother bad a poker in his hand, and was in the act of striking him with it; I took it out of his hand, and ran away with it to prevent mischief; they followed me, and so greatly assaulted me, that I fell to the ground, and they struck and kicked me unmercifully; I screamed "Murder!" when Ragan ran to my assistance, and asked them if they intended to mur der me; the fright rendered me insensible; I deny having struck the prosecutrix at all.
Thomas Collin's Defence. This woman was drunk on Saturday and Sunday; ihe ran out before me, and spat in my face; I turned back, and did not say a word to her; she then came out with a broomstick, and struck me with it, and her brother ran out with a poker, and they caught hold of me I am a quiet man; she is always doing this to me.
Michael Ragan's Defence. I was sitting by my door; I never struck Buckley or bit wife.
THOMAS COLLINS— GUILTY . Aged 50.— Confined One Year.
CATHERINE COLLINS— GUILTY . Aged 39.— Transported for seven years.
MARY ANN COLLINS— GUILTY . Aged 19.— Confined Six Month.
MICHAEL RAGAN— GUILTY .— Confined One Year.
CATHARINE RAGAN— GUILTY .— Confined Six Months,
JAMES MADDOCK . On the night of 26th June, I met the prisoners on the other side of London-bridge—they followed me through the Borough-market—I conversed with them for three or four minutes—I missed my watch, and gave information to the policeman—I have not seen it since—I never saw it in the prisoner's possession, or felt them take it—when I was by London-bridge I had it—I had never seen them before—I saw no one else—nobody saw me who could have taken it but them—they both spoke to me—I had been drinking—I and two other men had drank two glasses of porter.
ADJOURNED TO MONDAY, AUGUST 20TH.