CENTRAL CRIMINAL COURT.
TENTH SESSION, HELD AUGUST 20TH, 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, August 20th, 1849, and following Days.
Before the Right Hon. Sir JAMES DUKE, Knt., M.P., LORD MAYOR of the City of London: Sir William Erle, Knt., One of the Justices of Her Majesty's Court of Queen's Bench; Sir Peter Laurie, Knt.; William Taylor Copeland, Esq.; and Sir John Pirie, Bart.; Aldermen of the said City: the Hon. Charles Ewan Law, M.P., Recorder of the said City: John Musgrove, Esq.; William Hunter, Esq.; Thomas Challis, Esq.; William Lawrence, Esq., Aldermen of the said City: John Mirehouse, Esq., Common-Serjeant of the said City; and Edward Bullock, Esq., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
THOMAS QUESTED FINNIS, Esq., Ald.
JACOB EMANUEL GOODHART, Esq.
JAMES EDWARD SHEARMAN, Esq.
GEORGE TAMPLIN, Esq.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
DUKE, MAYOR. TENTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelisk (†) that they are known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, August 20th, 1849.
PRESENT—The Right Hon. the LORD MAYOR; Sir PETER LAURIE, Knt., Ald.; Sir JOHN PIRIE, Bart., Ald.; Mr. RECORDER; Mr. Ald. MUSGROVE; and Mr. Ald. CHALLIS
Before Mr. Recorder and the First Jury.
GUILTY — To enter into recognizances in £40 for One Year.
SMITH pleaded GUILTY Aged 29.— To enter into recognizances in £40 for one year.
TIMBRELL pleaded GUILTY Aged 58.— Confined Three Months.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
MARTHA MOORE I am an unfortunate girl. I have known the house, 2, Eyre-court, Aldersgate, about sixteen months; Mrs. Robinson kept it—I have been there with men, but not very often—there were bedrooms on the first-floor—I have asked for a room, and was shown to a bedroom; money was paid for it—I have seen other women come there with men.
HOWELL GODDARD I am beadle of Aldersgate Ward; 2, Eyre-court, is in that Ward; it is still open, and very bad characters go there—there are disturbances at two and three o'clock in the morning—I have seen the defendant standing at the door of an evening, waiting for people, and she has been and paid me the rates—I have seen men go in with girls while she has been at the door, and she has gone in with them.
JAMES FREEMAN . I am a bootmaker, of 4, Eyre-court. I know No. 2; Mrs. Robinson has the lease of it—I have seen the prisoner soliciting parties going to chapel—she has asked me to go in—it is her duty to go out and catch people before they get to No. 3, which is a bawdy-house—I have heard her say, "Do you want a room?" and people have gone in with her—girls of the town go in and out regularly—there are dreadful rows there, and
I and my family have been kept awake three or four hours of a night, hearing the prisoner and Mrs. Robinson use most dreadful language.
THOMAS JAMES FRANCIS I am foreman to Mr. Casey, of 62, Aldersgate. street, at the corner of Eyre-court. No. 2 is a very disorderly house—there are rows and cries of "Murder!" in the night—prostitutes go in and out-the prisoner was servant there—I have seen her at the door, soliciting people—she would go up with them.
WILLIAM ARTHUR EVES (City-policeman, 125). I know 2, Eyre-court; it is a very disorderly house—I have been called in to rows—I have seen the prisoner at the door, soliciting people—I have followed them into a bedroom on the first-floor, when there was a row at the top of the house—she has shown them a room and taken the money when Mrs. Robinson was away.
Prisoner. I was charwoman there; the policeman said if I would tell him where Mrs. Robinson was, he would let me out on my own recognizance. Witness. No proposal was made to her—she was keeping another brothel when I took her.
GUILTY . Aged 49.— Confined One Month.
MR. CLARKSON conducted the Prosecution.
THOMAS WRIGHT . I am a wholesale cheesemonger, of Giltspur-street; the prisoner was my clerk for eight or nine years—he succeeded his father—I placed every confidence in him—it was his duty to take cash and notes from the till, ascertain the amount, and pay it into the bankers'—he occasionally sent Meeking, who is in my employ, with it—this cash-book should show the amount paid in—he debits the bankers on 25th July with 162l. 8s. 6d.—it was his duty to keep a counterpart of the bankers' book—here is in it a refer-ence to folio 303 in the bankers' book, where I find only 142l. 8s. 6d. entered—this ticket is in his writing; at the bottom of it is" 1l. returned;" that was for light gold—I discovered this about 3d Aug., having taken stock, and found great deficiency.
Cross-examined by MR. BALLANTINE. Q. How many clerks have you? A. Three there—when the prisoner was out of the way others received money—here is a payment to John Pelley, on the 25th; he would not pay that out of the same drawer—it was his duty to count the cash in the till about three o'clock—the daily amount in the till varies from 100l. to 1000l.—the light gold would remain in the till until next day—only the prisoner and I went to the till—there are only two keys—this amount might have been part of the balance of the day before—this ticket is a copy of the cash-book, and would be made when the money was counted—there was a much larger sum left in the till than was sent to the bankers'—there were some Bank post bills—the cash-book is balanced every day, and the balance car-ried forward to the next.
THOMAS MEEKING . I am one of Mr. Wright's clerks. On 25th July I received from the prisoner 143l. 8s. 6d. in a bag, with a ticket enclosed—when I got to the bankers' there was a light sovereign; I wrote "returned" to it—I did not know what amount I had till the bankers' clerk said it was correct.
Cross-examined. Q. What time did you receive it? A. Between three and four o'clock—I did not see him count it.
GUILTY . Aged 29.— Confined Two Years.
THOMAS WRIGHT On 7th July here is an account in the cash-book of 446l. 6s. paid into the bankers'; this ticket is supposed to be a copy of the cash-book, but there is 20l. deficiency; it is the prisoner's writing—he gives credit in the bankers' pass-book for 426l. 6s.—that corresponds with the ticket.
HARVEST COLSON I am clerk to Jones Lloyd and Co. On 7th July I received this 426l. 6s.; there was 145l. in notes, not 165l.—I have not the dates and numbers; they are subsequently entered—there are sometimes country-notes and sometimes Bank-notes—we make a distinction between country-notes and Bank-notes—I believe it was paid in by Mr. Pearson.
THOMAS PEARSON I am one of Mr. Wright's clerks, and am in the habit of paying money into the bankers' by the prisoner's direction—I have no recollection of paying this—I have always faithfully paid the money accord-ing to the ticket.
(MR. BALLANTINE submitted that the term "Bank-notes" applied only to the notes of the Bank of England, country-notes being properly described as "promissory-notes," and as it was not proved of what description the notes in question were, the prisoner could not be convicted of stealing "Bank-notes." The COURT left the case to the Jury, and would reserve the point if necessary.)
NEW COURT.—Monday, August 20th, 1849.
PRESENT—Sir PETER LAURIE, Knt., Ald.; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Fifth Jury.
THOMAS DODDERELL . I am a painter and glazier. On 20th June I was at the White Bear, Hounslow, between two and three o'clock in the morning, with some shopmates, and was drinking and smoking—there were twelve or fourteen persons there—the prisoner was one—she forced her company to me—I went into the skittle-ground with her—in about ten minutes a man came and asked what we were about—he and the prisoner went away, leaving me there—in ten minutes or a quarter of an hour I missed my watch—this is it (produced).
Cross-examined by MR. ROBINSON Q. Were you sober? A. Not exactly—I had been in the public-house about an hour—my watch was safe in my fob about an hour before—no other person came into the skittle-ground.
JOHN SCOTNEY (police-sergeant, T 18). On the morning of 20th June I saw the prisoner and a man she cohabits with, coming in a hurried manner from the direction of the White Bear—she was about ten yards before him—he was hastening after her—they went up Hounslow-street—in about five minutes afterwards, the prosecutor turned out of the same yard—I had seen the prisoner and that man come into Hounslow the evening before.
Cross-examined. Q. They were ten yards apart? A. Yes; I saw them together afterwards; the man had overtaken her—I had seen them together several times—I know them well.
GEORGE COLE FRANCIS I am a farmer, of Yorkshire. On 6th Aug. I came to London—I left my carpet-bag at Bishop Stortford, intending to take it on my return—in the afternoon I was in Bishopsgate-street and met the prisoner with it—I had not seen him before—I asked him what he was going to do with it, and said it was mine—he said it was his—I took him and it to the station—it had in it a coat and trowsers, a waistcoat, and several shirts—this is it; it is mine.
Cross-examined by MR. PARNELL Q. This address of yours was on it? A. Yes; I produced the key at the station—the prisoner said he had come from Bishops Stortford that morning—he said at the station that it must be a mistake, and from what I have since heard, I think probably it was.
FRANCIS M'LEAN (City-policeman). The prisoner was given into my custody—I found on him a small key which would not open this bag—I went to the Eastern Counties Railway and telegraphed to Bishops Stortford—this other bag was sent up from there: the key found on the prisoner opens it—the prisoner identified it—it contained a coat, a pair of trowsers, a piece of ham, and other things—it is not quite so large as the other.
Cross-examined. Q. Did you find at the railway that they knew the prisoner perfectly well? A. Yes; I found on him this certificate that he was two years in the service of the Company and was dismissed without any fault—I have been down to Bishops Stortford and find he has been living with his mother, and has a good character.
GEORGE GORDON CHITLOCK I am a clerk at Bishops Stortford station. The prisoner was in the Company's service two years—he was very honest, and conducted himself well—both these bags were in the booking-office—the prisoner came to take his ticket some time after the prosecutor had left his bag—the prisoner put his bag on a form—he borrowed a newspaper; he read it till the bell rang—he then seized a bag and went off, leaving his own bag behind.
GEORGE TOWNES I live about two miles on the other side of Great Missenden. About the middle of last month I was movving near Uxbridge—on a Thursday evening I was sitting on a bench outside the door at the Standard public-house at Cowley—I had 24s. in silver, and amongst it were three half-crowns, in a purse, in my right hand trowsers-pocket—the prisoner sat on my right side—I walked with her about forty yards—I then came back because they called me and said my cart was ready—I then called for a pint of porter, and went to pay and missed my purse—it was safe half an hour before—the prisoner was then going towards Uxbridge—I went after her with one of my mates—I overtook her just before she got into Uxbridge—I said, "Hey!"—she said, "What do you want; you want your b—y farthings"—I said, "I want my money, and you have got it, and nobody but you"—she gave me half-a-crown and two shillings and a sixpence—she said, "Here is your b—y money"—I said to her, "Now I want the remainder of my money and my purse, and then I will forgive you"—I gave it to the policeman—while she sat with me on the bench, she said she had not got a farthing about her—I have not seen my purse since.
said, "I want my money"—she held out her hand and gave him something—he brought me a half-crown, two shillings, and a sixpence, and said, "You see what she has given me is 5s.; she had 24s., which she took out of my pocket"—she called him a liar, and said, "I only gave you a shilling"—in going to the station she said, "I gave you a shilling, the half-crown and sixpence is my own money"—the shilling she said he gave her.
GUILTY Aged 29.— Confined Six Months.
JAMES HAWTREY I live at Harmondsworth, and deal in hay and straw; the prisoner was in my service. On 21st July, he and I came to London together—I sold one load to Mr. Torrell, sent him with it, and authorised him to receive the money for it—he returned that night, but I did not see him till the Monday night—I then asked him what he had done with the money—he said he had received it and spent it—I gave him into custody.
MARY ANN SOPHIA GROVES I am single, and live at Hayes. On 9th July, the prisoner called on me, and said his name was Newell, and he had been sent by Mr. Beech fur 1s. 6d. (I knew Mr. Beech)—he said it was to purchase an axle for his van—I asked if it was broken down—he said it had been taken to pieces at Southall—I gave him three sixpences—I owed Mr. Beech some money.
GUILTY Aged 12.— Confined One Month.
TOOMER pleaded GUILTY Aged 18.
STONE pleaded GUILTY Aged 18.
Confined Six Months
WALLACE pleaded GUILTY .* Aged 18.— Confined Twelve Months.
ANN FOSTER KNOWLES I am a servant, of Camberwell. I came up from Margate on the afternoon of 13th July—I came off the wharf and on Fish-street-hill I missed my purse with 14s. in it, which was in my pocket about two minutes before I came on shore—I went back to the wharf, and the policeman showed me my purse—this is it.
GEORGE SCOTT (City-policeman). On 13th July I saw the prisoners together on the lighter that the vessel came alongside of—Wallis put his hand into her pocket—Games was close to him with his hands in his coat pockets, spreading them out so as to cover Wallis—Wallis pulled his hand out very quickly, and he and Games went on shore together—I followed them up a passage where there was no person—I ran up, and Wallis was in the act of untieing a knot in the middle of this purse—I took them.
GAMES— GUILTY Aged 20.— Confined Four Months.
CATON pleaded GUILTY .* Aged 15,— Confined Twelve Months.
MICHAEL HAYDON (City-policeman, 21). I was on duty near London-bridge on 25th July, and saw the prisoners together—Caton put his hand into the prosecutor's pocket, and drew out this handkerchief, which he passed to Johnson—I laid hold of them—Johnson dropped it at his feet—I had followed the prisoners for half an hour, and saw them try several pockets.
EDWARD FUNNELL I was with Haydon, and saw the prisoners together—Caton put his hand into the prosecutor's pocket—I went a little higher up—I did not see him take the handkerchief—I had followed them more than an hour that afternoon.
JOHNSON— GUILTY Aged 14.— Confined Four Months.
MICHAEL HAYDON I was on London-bridge on 31st July, and saw the prisoners together—Hart put his hand into the prosecutor's pocket, drew out this handkerchief, and gave it to Harding—I laid hold of them both—Harding dropped the handkerchief at his feet.
JOHN DIXON I was on London-bridge on 31 at July—the officer touched me, and asked me if I was aware that I was being robbed—I turned and saw this handkerchief on the ground—it is mine—I had had it in my pocket a few minutes before.
Harding's Defence. The handkerchief laid down by my feet; I know nothing about it.
HART— GUILTY Aged 17.
HARDING— GUILTY Aged 19.
Confined Four Months.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
ALLEN HARRISON . I am warehouseman to Messrs. Burton and Barber, Lower Thames-street. On 19th July, I was near the Royal Exchange—I stopped for a necessary purpose, and then went on—as I passed the Mansion House, I saw the prisoner—he said, "I have not seen you lately, what are you going to give me"—I said, "Nothing at all; I know nothing of you; you had better be off"—I continued on; I did not notice where he was—he came up again, and said, "What are you going to give me"—I said, "Nothing at all"—I continued on, and presently he came and said again, "What are you going to give me"—I said, "Nothing at all, you had better be off"—he said, "I will not leave you, I will expose you"—I did not make any reply to that, but seeing a policeman, touched him on the shoulder, and told him—he took hold of him, and asked me to follow him to the station, which I did—the charge was there entered—the prisoner begged my pardon, and said he had made a mistake; he took me for another person, that he was very sorry, and would do anything to oblige me—I did not know him at all.
came to me and made a charge against the prisoner, who was close by, and I took him—he said he was very sorry, and he had made a mistake: he took him to be another gentleman, and he would make him any compensation in his power if he would forgive him—the prisoner's face looked remarkably red—I searched him, and found a small packet of rouge in one pocket, and this piece of wool or lint in another—the colour of his face corresponded with this rouge—he denied that his face was coloured, and said he used to follow a show, and bought it for that purpose—he said he lived at No. 2, Great Peter-street, Westminster—I went there, and could find no such person.
Prisoner's Defence. I mistook this gentleman for another gentleman, named Johnson; I went to him and said, "If you don't pay me what you owe me I will summon you;" I never mentioned such a word as I would expose him; I live at No. 2, New Peter-street; several tradespeople know me there.
GUILTY . Aged 21.— Confined Six Months.
OLD COURT.—Tuesday, August 21st, 1849.
PRESENT—Mr. RECORDER; Mr. Ald. MUSGROVE; Mr. Ald. WILLIAM HUNTER; and Mr. Ald. CHALLIS.
Before Mr. Recorder and the Second Jury.
GUILTY . Aged 23.— Confined Two Years.
GUILTY .* Aged 17.— Confined Three Months.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
JOHN EYKE . I am a master-carman, in Milton-street, Cripplegate. On Friday, the 6th of July, about eleven o'clock, as I was driving along Milton-street in my cart, a man came up to me and gave me a letter, in consequence of which I sent him to my premises—about one I received another letter from him, and directed my foreman to let him have a horse—I said, "Are you the carman to Mr. Bartholomew?"—he said, "Yes, I am"—I said, "He gives you an excellent character; go into my stable with my foreman, and take such a horse as will suit you"—a brown mare was delivered to him, worth 20l.—my foreman said, "You bring the horse back this evening, and I will let you have another in the morning"—he took it away about a quarter past one—it was not returned—between seven and eight next morning it was brought by Mrs. Cox's man, who came with it in a cart for two quarters of oats—my foreman claimed it—I afterwards made inquiries of the two Mr. Bartholomews, and the man's story turned out to be false.
COURT. Q. Can you describe the man that called himself Mr. Bartholo-mew's carman? A. He was very much like West, but in a different dress—he
had on a white or fustian jacket and gaiters—I think West is a little older—I would not undertake to swear it was him—the handkerchief is very like but for anything else I cannot say.
Cross-examined by MR. BALLANTINE. Q. But you have never before expressed a notion that he was the man? A. When he was at the Police-office he was dressed in a smock-frock, but now his appearance is very much like the man, but I don't think he is the man—I saw the prisoners in about a week at Guildhall—I understand they came to my yard before that, but I did not see them.
COURT. Q. Are those the letters you received from the man? (produced.) A, Yes—I asked him to sign his name to the second one when he received the horse, and he signed it "William Johnson."
WILLIAM WOOLMER . I am in the employment of Mr. Eyke. On 6th July, in consequence of orders from him, I let a man have a brown mare—I had never seen that man before, to my knowledge—I have never seen him since—it was neither of the prisoners—he did not return the horse—it was brought next morning by Mrs. Cox's man, and I detained it.
Cross-examined, Q. How far are your master's premises from Smithfield? A. Better than a mile—the prisoners came to our yard two or three days after I had parted with the horse, and Mrs. Cox and an officer with them—I had no conversation with them—Mr. Holden, our clerk, had.
JOSEPH HOLDEN . I am clerk to Mr. Eyke. On 6th July I wrote an answer to a letter which was delivered to me—I saw the prisoners at the counting-house, some time after the horse was known to have been taken wrongly—they came with an officer and Mrs. Cox—there was a long conversation respecting the purchase of the horse—they said they had purchased it fairly and openly in St. John-street-road, close against or in Robinson's yard—their account was not that they were together when they purchased it—I think one party only was the purchaser—I don't remember whether they said anything about the man they bought it of—I did not hear them say what they gave for the horse.
LUCY COX . I am a widow, and am a carrier in Wheatsheaf-yard, Farringdon-street, about a mile from Mr. Eyke's. I have known Mr. Eyke some years—I had directed Haycraft to look after a horse for me, and some time after Haycraft and the two prisoners came to my premises with a horse—Mr. Greig was with me—they wanted 12l. for it; I would not give that, and they took it away again—Haycraft went after them, and brought them back, and at last I agreed to give 10l. for the horse—7l. that day, and 3l. that day week—I paid them 7l. down—Mr. Greig wrote a receipt, and West put his mark to it—this is it (produced)—they were asked where they came from, and West said from the country, and I supposed the horse came also—I asked where they came from, and they did not make any answer—I asked where the horse came from, and they said, "From the country"—I wanted the horse tried, to see if it would draw well, and they said, "Come up to Smithfield and try it in a market cart;" I did not do so—it was tried in a van near my premises—it satisfied me, and the bargain was completed—they were to come for the other 3l. on the Friday following—next day I had occa-sion to send to Mr. Eyke's premises for some corn, and I sent the horse, and Mr. Eyke claimed it—I saw the prisoners again on the Tuesday—they came to my house—West came up into my room, and asked me how the horse got on—I said I did not know, the horse was taken away quick enough from me—he seemed surprised—I told him that Mr. Eyke had owned it—I was called down stairs, and left him with Mr. Greig—I found Blake sitting in
the yard—he said, "Well mistress; how comes the horse on?"—I said, "I don't know, it has gone away from me very quick"—he jumped up very much surprised, and went upstairs to West and Mr. Greig—we afterwards went to Mr. Eyke, he was not at home, but Mr. Holden and Woolmer were there-they could not identify either of the prisoners as the man that came to the yard—no inquiry was made of them how they came by the horse, but the prisoners said, if we came to Robinson's yard we should hear that they had bought the horse there honestly enough—we went there, and they said to the foreman, "You remember I bought this horse here; you remember I had a receipt"—the man said, "Yes; quite well; I can swear to a roan bringing it; he had a white dress, and he told a very pitiful tale about the horse"—we all came away from Robinson's yard together, and went to the station—they were not detained—the foreman said he saw the pen and ink brought in, and the man write a receipt—I saw this paper written (the receipt for the horse)—Mr. Greig wrote it, he is a cabinet-maker—the prisoners came again on Friday to know how I got on about it, whether I had heard anything of Mr. Eyke or not—I said, "No; he has the horse, it is to you I have got to look for my money; I am but a poor woman and can't afford to lose 7l.—"they said, "No; you must not lose it, I suppose it will not make any difference to you if you have a horse or the money"—I said, "No; if it suited me"—he said, "I have not got a horse to suit you now, but if I can knock out anything in the market I will bring you one round, I will see you after the market"—they never mentioned the 3l.—I did not get any horse—they were taken into custody the same day.
Cross-examined. Q. Had you known either of the prisoners before? 4. No; they were brought to me—Haycraft brought them to me.
WILLIAM HAYCRAFT . I am a fishmonger, at Cow-cross, Smithfield. Mrs. Cox asked me if I heard of a horse to let her know. On 6th July, I met the prisoners with this horse in St. John-street, about three o'clock, just before the market opened, coming towards it—I asked if they would sell it—they said, "Yes"—I knew them by sight in the market—I never knew any harm of them—they said they had been round the country, and had more horses on the road, that they bought it of a man who had an execution in his house—they asked me 12l.—I said, "I don't think the person has got above 8l. or 9l.—West said, "Who is the person?"—I said, "An honest woman who keeps a caravan, and a cart"—he said, "If she has got the money I don't mind trusting her a little"—we went in, and called her down; she looked at the horse, and said it would suit her—he asked her 12l.—she said it was too much—an ostler in the yard said, "Mrs. Cox, if you can buy this horse for 8l. I don't think it will hurt you"—they agreed to take 10l.; 7l. down, and 3l. to be paid on the Friday, if the horse answered—I saw a receipt, and saw 7l. on the table.
EBENEZER GREIG . I am a cabinet-maker, of Wheatsheaf-yard. On Friday, 6th July, Mrs. Cox called me to look at a horse—the two prisoners were there with it—Mrs. Cox asked the price of it, and they asked 12l.—they at last agreed to take 10l.; 7l. down, and 3l. in a week—I saw the 7l. paid—while in the yard, Blake said, "We shall be too late for the market, it does not matter which you pay the money to"—it was proposed that one should go to the market, and the other wait and receive the money; and when the receipt was written out, Blake said, "I thought we were going to have 11l. for it, we shall get nothing at all by it"—I asked West to write the receipt—he said, "Oh! we scarcely ever have receipts in horse-dealing"—I said to Mrs. Cox, you had better have a stamped receipt—he said he could
not write, would I write it for him—I wrote it, and he put his mark to it—I asked his name, and he said, "James West," and I wrote that name to the receipt—I asked them where they had bought the horse—West said, "In Robinson's yard in St. John-street," and he had the receipt for it in his pocket.
EBENEZER GREIG , Jun. I am the son of last witness. On Tuesday afternoon, 10th July, I was called by Mrs. Cox—West and another person were there; they were talking about the horse—I, or the other person asked whether he knew the man he bought it of—he said he had seen him several times before, and had no doubt he could see him again—he said he bought it either in or about Robinson's yard, in St. John-street—he showed me a paper, and said, "This is the paper the man wrote"—there are two addresses on it, one is the address of the party the horse belonged to, and the other the address of the party he bought it of, I copied that address—I think the bottom name is the name of the party he bought it of—I did not see Blake till I was leaving—he said nothing in my hearing—by my direction Mrs. Cox went with the prisoners to Mr. Eyke's to see if they could identify the man.
HENRY WEBB (City-policeman, 258.) In consequence of information from Mrs. Cox, I and Bradley looked after the prisoners—on 10th July I met them with Mrs. Cox, in St. John-street—I took them to the station—I have inquired at both the places mentioned in this paper, and could find no such persons, or any such places—I asked the prisoners, when they were together, how they came into possession of the horse—West said, "Me and my master were walking together in St. John-street, and met a man leading it, and asked him the price; "he told them, and they went to Robinson's yard, and there purchased it; that the man then gave him a paper with the name of the party the horse belonged to, and the man who was in possession of the horse—I asked him if he knew the man—he said, no, he had never seen him before with his own eyes—I asked what he gave for the horse, and he declined to answer that question—he said, "I shall not tell you," or words to that effect—on the way from Guildhall to the Compter he said he gave 4l. 5s. for the horse, and he had nothing out of it—they were taken into custody and searched, and I found 36l. on Blake, but nothing on West but a knife—I have never seen either of the prisoners write.
Cross-examined. Q. Have you ever before said one word before about the price having been told you? A. I told Mr. Wood, the clerk, at Guildhall, but he did not put it in the deposition—when I asked him the price, he said he did not feel disposed to answer that question.
JOHN TRANT . I am a porter, living at Greenwich. On 10th July I was at Mrs. Cox's when West came up-stairs—he said, "Well, mistress, how are you getting on?"—she said, "I hardly know how I am getting on; I have been wanting to see you"—he said, "Did not you know where to find me?"—she said, "No"—I asked how long he had had the horse before he brought it to Mrs. Cox—he said, "Not more than an hour"—I said, "Do you know the party you bought it of?"—he said, "Yes, I have seen him," or something to that effect—he seemed to speak as if he had a knowledge of him—he did not say how often he had seen him—he said he bought the horse in St. John-street—I do not know that he mentioned the house, for Mr. Greig came in, and I was in a hurry, and did not stop—he said the ostler was present when the horse was bought, and saw the transaction—he did not name the ostler-did not hear anybody ask his name.
MR. BALLANTINE called
GEORGE SARGENT . I am foreman to Mr. Robinson, who keeps a livery and bait and commission stable in St. John-street. On Friday, 6th July, about a quarter to two o'clock, the prisoners were at our yard—Blake came to look at a cart—11l. was to be paid for it—it was my master's cart—I was allowed to sell—while he was looking at it, I saw a man leading a horse—I do not know who spoke first, but the man said he had come from a greengrocer's in distress, and wanted a little ready money—West and he began talking about the horse—our place is about a mile from Smithfield—there were four or five other persons in the yard—West went away outside the gate with the man, and then came back again and said he had given 5l. 5s. for the mare—it was on the market-day—Blake asked me to lend him a cart to try it in—I said, no, my employer allowed me to lend nothing—West took the horse away.
MR. RYLAND. Q. Did they both come together? A. Yes, I had never seen West before—I had seen Blake twice previously—he had been on Friday to look at the cart—West had a white frock on—the man who came from the greengrocer's had a round jacket, and breeches, and gaiters—I should know him again in the same dress—West said he had bought the mare—they both went out of the yard, and the mare stopped in the yard with Blake's little boy, who was holding it—I should think he was fourteen or fifteen years old—I do not know whether he is here—none of the people who were in the yard are here—I never saw the man before who came with the mare—I do not know his name, or where he lives—I saw no note brought, and saw nothing written on the day I am speaking of—our yard is not a place for selling horses—I did not know the mare was for sale when they brought it in—I do not know where Blake lived—the man who brought the mare did not give any name—both Blake and West came into the yard again with the mare to Smithfield—there was a little white mare in the yard at the same time, I think West brought it in; I am not certain about it, it was either West or the little boy—Blake bought it—I do not know what was given for it—the other men were Mr. Robinson's men, who work in the yard—they are all in his service still, they all saw and heard this—their names are John Bellamy, Edwards, George Harness, and Philip Gordon—I believe the white mare also went down to the market—I saw no money pass, or any receipt.
NOT GUILTY .
MR. RYLAND conducted the Prosecution.
THOMAS FRENCH DAVIS . I live at the Toy tap, at Hampton. On the 2d July, about half-past nine o'clock, Edmund Lay left his cart and horse in a shed on my master's premises—I saw it safe at twelve, and Lay was to fetch it away—the prisoner had been at work for me that day—I saw the cart and horse next day at the White Lion.
EDMUND LAY . On 2d July I left my horse, cart, and harness in the yard of the Toy tap at Hampton—I saw it safe tied up at half-past nine at night—I went for it between three and four in the morning, and it was gone—I afterwards went with a policeman, and found it at the White Lion, at staines, which is about seven miles from Hampton—they are worth about 7l. 10s.
Cross-examined by MR. ROBINSON. Q. What time did you leave the horse and cart? A. Half-past nine at night—I said I should only be a few hours gone—I went to fetch some things I had purchased, and stopped with
a party—I can undertake to swear I tied the horse up with the reins to the ring that is put in the tree in the yard for that purpose—I tied it in a safe knot so that it could not get untied.
WALTER ROBERT LEIGH (police-sergeant, T 7). About two o'clock on the morning of 3d July, I was on duty in High-street, Staines, which is between seven and eight miles from the Toy at Hampton, and saw the prisoner driving in a horse and cart at a rapid rate—I did not know him before—another constable was within fifty yards of me—the prisoner hallooed out to him as he went along, "Is this the way to Maidenhead?"—he said "Yes," and he went on—I suspected something wrong, and ran after him and stopped him—I asked him whose horse and cart it was—he said he hired it of a person at Hounslow, and he was to give 10s. for it—I asked him if he knew the man's name, and he said no, he had never seen him before—the horse was in a great sweat—the name of" Edmund Lay, New Hampton," was on the cart—I took the prisoner and the horse and cart to the station, went over to Hampton, and Mr. Lay came and claimed the horse and cart.
Cross-examined. Q. Was he intoxicated? A. He was not drunk; I think he was not intoxicated at all.
The prisoner's statement before the Magistrate was read, as follows:—"I was coming from Moulsey about half-past twelve o'clock, and saw the horse, cart, and harness, between Hampton and Hampton-court—I stood there a few minutes—nobody came—I looked down the side of the bank, and saw nobody there, and I brought the horse on."
GUILTY . Aged 21.— Confined One Year.
1511. JOHN MCINTYRE and JOHN WATSON , feloniously breaking and entering the dwelling-house of Daniel May, and stealing 1 coat, 1 pair of trowsers, and 2 waistcoats, value 1l. 15s.; his goods: to which
WATSON pleaded GUILTY . Aged 23.— Confined One Year.
ANN MAY . I live at Staines. On 2d Aug. I locked up my cottage at ten o'clock, and went out—I returned at half-past, and saw Watson drop from my bed-room window up-stairs—I gave an alarm, and thirty or forty people came—M'Intyre was leaning on a hurdle by my kitchen window, with a bundle by him—I said I should detain them—they begged me to go in and search, and I missed my husband's clothes—Watson brought them back, and told me to put them in my husband's box, and not say anything about it—a pane of glass was broken, and the bolt broken off, which would enable them to get in—the bundle contained this coat, trowsers, and two waistcoats (produced)—they are my husband's, Daniel May.
M'Intyre's Defence. I went round the house to make water, and the woman hallooed "police."
GUILTY . Aged 21.— Confined One Year.
MR. COOPER conducted the Prosecution.
WILLIAM HARVEY . In July last I was servant to Mr. Thomas, of Tottenham—I was going to the Hospital on 23d July, and my master lent me his pony and chaise—I called on the prisoner and took him with me—I had worked with him—I went to Bartholomew's Hospital, leaving him in the chaise in Duke-street, opposite a public-house—I was detained some time, and then went to the Punch Bowl, and left the prisoner in charge of the chaise
while I went back to get my medicine—I returned, and the prisoner and chaise were gone.
Cross-examined by MR. BALLANTINE. Q. What time did you start? A. A little before seven in the morning—I missed the chaise a little before one—I had been into two public-houses—I was not drunk—the prisoner was fresh when I left him about half-past eleven—he knew what he was about—I do not know that he was found in the street quite drunk.
JOHN THOMAS . I am a farmer. On 23d July I lent Harvey my gelding and phaeton to go to the hospital—I met him in Tottenham, about half-past nine in the evening, without the chaise—they were worth 20l.
Cross-examined. Q. Do you know the prisoner? A. No—a policeman came to me next morning, and I found the pony and chaise at Werneck's, a German—I offered 2l. to Solomons, a Jew, who offered to give information for 5l., but he would not take the 2l.
JOHN JAMES . I am a waterman and lighterman. The prisoner came to the Granby public-house with a horse and gig—he asked 5l. for them—a man named Freeman bought them for Mr. Werneck—he paid for them in my presence.
Cross-examined. Q. What money passed? A. Five sovereigns—Werneck gave them to Freeman to pay—1l. was paid first, as a deposit, the other 4l. was paid when this receipt was written out—(produced)—I never said there was no more than a sovereign paid—Freeman is not here—he is a waterman-the prisoner was not tipsy, he knew what he was doing—I know Werneck—he keeps a lodging-house for emigrants—I am lighterman to him, to put the bags on board ships—Solomons was not at the public-house—I do not know him—I saw the prisoner sign the receipt—I cannot read.
HENRY WILLIAM WERNECK . I remember being; the Marquis of Granby, and saw the prisoner with the pony and chaise—a gentleman was with him—they asked me if I would take a chaise and pony—I said, "Yes, when it was cheap and in a proper way"—they asked me 5l. 10s., and I asked a policeman outside whether it was all right—he said he thought it was—Freeman gave 1l. before I gave him the 5l.—it was paid to the prisoner—I took the pony and chaise—the policeman came for them next morning.
Cross-examined. Q. Did you see Solomons that day? A. No; I do not know him—I knew Freeman before—I have no stable—I put it in a neighbour's stable—the prisoner seemed sober.
EDWARD SALTER (City policeman, 64). Cross-examined. Q. You found the prisoner at the station? A. He was brought there at four, or half-past, insensibly drunk—I discharged him when he was sober, and he was taken again—1s. 6d. was found on him.
(The prisoner's statement before the Magistrate was here read: "I was very tipsy, but could get money and pay any of them their rights.)
(The prisoner received a good character.)
NOT GUILTY .
1513. THOMAS ROGERS and CHARLES EVANS , feloniously breaking and entering the dwelling-house of George Whittington, and stealing 1 hat and 2 coats, value 6l.5s.; his goods: 1 coat, 17s.; the goods of Stephen Frederick Whittington: and 1 coat, 30s.; the goods of Constantine Wright: Evans having been before convicted: to which
ROGERS pleaded GUILTY . Aged 23.— Transported for Ten Years.
SAMUEL WHITTINGTON . I live at 13, Clarendon-square, Somers-town, in parish of St. Paneras; it is my father (George Whittington's) dwelling-house. On the morning of 2d July, I found the street-door open, and on
the mat I found two hats, and missed three coats—I had come in five minutes before, and they were then safe—I ran out, ran round the corner, and saw the two prisoners walking very deliberately along—Rogers had the coats in a large bag under his coat—I called out, "Stop thief!"—Rogers threw the coats away—he was afterwards taken—the bag was picked up, and it contained three coats; one of them, and a hat, was mine, another my father's, and another Constantine Wright's—I and my mother were the only persons up at the time—there is a latch to the door.
Evans, Q. How can you swear it was me walking with Rogers? A. I saw your face; you looked under your arm in Middlesex-street—I was within five yards of you—some skeleton keys were found on Rogers—Evans got away.
JOHN O'BRIEN (policeman, S 96). I was in Middlesex-street, Somers-town—I heard a cry of" Stop thief!" saw Rogers, and stopped him—I found on him five keys; some of them are latch-keys, I have not tried them—the prosecutor said that none of them would undo the door.
JEREMIAH LOCKERBY (policeman, S 180). I received information on 2d July, and looked after Evans for five weeks; I took him on 8th Aug., and told him the charge; he said he knew nothing about it—I have frequently seen the two prisoners together; they are well acquainted—I have known them for years—Evans has lived in Somers-town for some years, and after this he was not to be seen.
JOHN HAMMOND , (policeman, S 96). On 2d July, about a quarter before eight o'clock, I saw the two prisoners come out from the doorway of No. 13—an alarm was given shortly after—I knew Evans previously, and intended to follow him before the cry was given seeing something hanging on his arm which appeared to me like a coat—when the cry was given Rogers threw the bag away, and both ran together into Middlesex-street; on getting there Rogers ran into the constable's arms—Evans turned back, ran down another street, and got away.
Evans. Q. Where were you when you first saw the two men come from the doorway? A. At No. 23, opposite, about forty or fifty yards off—I followed and saw you turn the corner—I did not see you afterwards till you were in custody—I got within eight or nine yards of you—I had a view of you the whole time, and am quite positive you are the man.
RICHARD SMEED . I saw both prisoners coming in a direction from No. 13—I was close to them—Evans had something on his arm, and Rogers had a bag in his hand, and as they turned the corner Evans put the coat from his arm into the bag—I was sitting in my shop—I immediately followed, and was within ten yards of them until they were taken—Rogers dropped the bag at my feet; I picked it up, and followed Evans some distance, but did not take him.
Evans's Defence. I know nothing about it; I was not taken till five days after, or I could have proved where I was; I was not away from home one night.
EVANS— GUILTY . Aged 28.— Transported for Ten Years.
NEW COURT.—Tuesday, August 21st, 1849.
PRESENT—Sir JOHN PIRIE, Bart., Ald.; Mr. Ald. HUNTER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged 15.— Confined One Week and Whipped.
GUILTY. Aged 35.—Recommended to mercy. — Confined Three Months.
GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 11.— Confined One Week and Whipped.
THOMAS HERRIOTT , (policeman). On 31st July, between eleven and twelve o'clock at night, I met the prisoners at Edmonton with this gelding—Mabbett said he had bought it of a gentleman who lived at Caldecot, in Hertfordshire.
Cross-examined by MR. PARRY. Q. Did he not say he bought it of his uncle? A. Afterwards—he said he bought it between three and four o'clock that afternoon; that his uncle lived at Caldecot—he gave his uncle's name and address—I have not been there, but his uncle has been sent for, and could not be found.
(Mabbett received a good character.)
MABBETT— GUILTY . Aged 45.
WILLIAMS— GUILTY . Aged 22.
Confined One Year
EDMUND REED HEPPLE , I was walking near Smithfield on the morning of 11th July—I was told something, and missed my handkerchief—I laid hold of the prisoner—he said, "I have got nothing"—he delivered up this handkerchief to me—it is mine.
Prisoner. It is false; I saw two boys throw it down; I took it up, and the man took me.
prisoner's conviction—(read—Convicted Dec. 1848, and confined six months)—he is the person.
GUILTY .* Aged 14.— Transported for Seven Years.
MR. PAYNE conducted the Prosecution.
WILLIAM PURSSELL . I am a biscuit-baker, of Cornhill; the prisoner was in my employ on 23d May—he had the charge of all the goods that came in—I have been shown a firkin of butter by the policeman; it was mine, and had my mark on it; I had not sold it—the prisoner had no authority to part with it—it was to be used in my business—his salary was 1l. 5s. per week—he left about one o'clock on 23d May, and I received this note from him—(read—"Mr. Purssell,—I have been taken so ill, and so suddenly, that I expect I shall have to go to the hospital; should I recover, you will hear from me. A. D."—I did not see him again for about two months, when he was in custody.
SAMUEL HARBOTTLE (City-policeman, 584). On 23d May, between eleven and twelve o'clock, I was in King William-street, and saw Morley with a firkin of butter—I spoke to him, and he pointed out a woman behind him—she got away while I was taking the firkin off his shoulder—I took it to the prosecutor—the prisoner was afterwards taken in York; I do not know when—I went to his house in Swan-court, in the Borough—I made inquiries at the hospitals, but could not find him.
HENRY MORLEY . I was stopped by the policeman in King William-street, with the firkin of butter—I got it from the prisoner at Mr. Purcell's, in Cornhill—I was to follow a woman with it, who was outside the door, and take it where she pointed out—she went away, and I never saw her afterwards.
Prisoner's Defence. I never saw this man; I was ill.
GUILTY . Aged 30.— Confined Nine Months.
(There was another indictment against the prisoner.)
WILLIAM BRADBURY . I was at the races at Harefield, on 7th Aug. A short distance from the winning-post the prisoner stood by my side—I felt a tug at my watch—I put my hand down instantly, and it was gone—the prisoner was rushing away; I rushed after him, and seized him—he struggled, and dragged me into the middle of the racecourse—I kept him till the officer came—my watch was found where we had struggled—this is it.
Cross-examined by MR. WILDE. Q. What are you? A. Butler to Mr. Charles Mills—the prisoner was standing on my right-hand side, partly in front of me, with a great coat on his arm—my watch was in my right-hand pocket—the horses were not running at the time; they had just come in—there was nobody else near enough to have taken the watch.
Cross-examined. Q. Did you see Mr. Bradbury? A. Yes; after I picked up the watch—there were many persons at the winning-post—my wife was there; she saw the watch first, but I picked it up—I did not tell the Magistrate so.
GUILTY .* Aged 36.— Transported for Seven Years.
OLD COURT.—Wednesday, August 22nd, 1849.
PRESENT—The Right Honourable the LORD MAYOR; Mr. Justice ERLE; Mr. Alderman MUSGROVE; Mr. Alderman CHALLIS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Third Jury.
WILLIAM REYNOLDS . On 10th Aug., at seven o'clock in the evening, the prisoner came into my shop and bought six yards of print and three yards of calico of my wife—I was not in the shop, but could see her—my wife called me forward—I went, and the prisoner said she had paid my wife for a dress—I said, "Where did you put the money?"—she said she had put it on the counter—I said, if so, I would clear the counter and look for it—I was clearing the counter, there was no money there—I then said I would send for policeman, to see where the money was, as I could not allow it to pass without finding the money—she said, "Send for a policeman for me, will you; I will soon put a stop to that"—I was on the same side of the counter as her and she struck me on the head several blows, apparently with her hand—I pushed her from me, she ran forward to me again, and I then saw a ife in her hand—I laid hold of her wrist, and when she found she could not knife in her hand away she tried to bite me—she had cut me before this—my wife had gone to the door to send for a policeman—when she came back I told her to get the knife from her, and she got it from her with great difficulty—I held the prisoner till a policeman came and took her—she cut me and bit me on the shoulder—I bled considerably for nearly half-an-hour.
MARY ANN REYNOLDS . I am the prosecutor's wife. The prisoner came to the shop, I served her with a dress, and as soon as I told her they came to 4s. 3d. she said, "I have paid you"—I looked on the counter, and there was no money there—I called my husband and said, "This person says she has paid me; I have never seen any money with her, and have had none from her"—my husband said, "Where did you put it?"—she said, "I put it on the counter"—he said, "I will look for it"—he cleared the counter, and there was no money there—he then said I must fetch a policeman—I saw the prisoner spring at my husband and hit him on the head—I did not know she had a knife—I ran to the door to get assistance, and when I came back my husband was bleeding—I then went to his assistance—he said she had got a knife, and I took it from her—the policeman has it, this is it (produced)
MARTHA MURRAY . I live near the prosecutor. On 10th Aug., about four o'clock, I saw the prisoner in Bishopsgate-street near my stall—she sharpened a knife on the end of the flag-stone—she sat there about an hour and a half or two hours—I got up to serve a customer, and afterwards missed her—I did not see her till she came past with a policeman.
GUILTY . Aged 18.— Transported for Seven Years.
Before Mr. Justice Erle.
1523. FRANCIS EDWARD BRODERICK , feloniously forging and uttering an order for the payment of 47l.; also an order for 10l.; with intent to defraud William Miller Christy and others: also an order for 10l.; with intent to defraud William Britten: to all which he pleaded
GUILTY . Aged 25.— Transported for Twelve Years.
1524. HENRY SMYTHIES , unlawfully forging and uttering a paperwriting, purporting to be a consent of Richard Soden to be the next friend to the infants in a certain Chancery suit; with intent to defraud the laid Richard Soden: other COUNTS, varying the manner of stating the charge.
MR. SERJEANT BYLES, with MESSRS. BODKIN and HUDDLESTON, conducted the Prosecution.
FREDERICK BULL . I am managing clerk to Mr. Meyrick, who was the London agent of the firm of James and Smythies, attornies, at Aylesbury. I attended to the conduct of a suit of Miles v. Miles in the Court of Chancery—Mr. Smythies, the defendant, was the attorney for the plaintiffs in that suit—Mr. James, his partner, did not interfere in the management of that suit in the slightest—in Oct. last year the plaintiff's solicitor was changed—this is the order of the Court for the change, it is dated 10th Oct. 1848 (this was produced by James Fluker, managing clerk to Mr. Kirk, who was the attorney substituted for Mr. Smythies)—after the change of attornies took place, a bill of costs was prepared by Mr. Smythies and carried into the Master's office—this is it (produced)—it is made out to Mr. Richard Soden, as debtor to Henry Smythies—the amount is 355l. 5s. 11d., and is signed Henry Smythies—it is the handwriting of Mr. Smythies—an action was brought against Mr. Soden for the recovery of that bill of costs—this is the nisi prius record in that action (produced)—a bill of particulars is annexed—the writ was issued on Friday, 16th Feb. 1849—the plea was, "Never indebted"—an order was afterwards made for taxing the bill—this is it (produced)—in pursuance of that order an appointment was made before Mr. Baines, the taxing Master on 3d April: the bill of costs was then laid before the Master—Mr. Fluker, (Mr. Kirk's managing clerk), Frederick Miles, myself, and Mr. Smythies attended, and another assistant clerk of Mr. Kirk's, at the Master's chambers in Staple-inn—there is a charge in the bill of costs for taking the retainer of Mr. Soden in writing—there are no dates to the items—this date of 29th May, 1847, in the margin, is Mr. Smythies's writing—the item is, "attending you when you consented to become next friend, and taking your consent in writing, 6s. 8d."—when the Master's attention was drawn to that item, the retainer was handed to the Master, that was in consequence of the Master's asking when that consent was given, because on that consent Mr. Soden would only become liable from the date of that consent—Mr. Smythies produced the retainer to the Master—the date was fixed as 29th May, 1847, by Mr. Smythies, and in consequence of that the item of journey to town to consult with Counsel, three guineas, and rail and expenses one guinea, was taken off by the Master, as being antecedent to the retainer—the Master, in my presence, marked the retainer as a document produced before him—these are his initials on it, and the date," 3d April, 1849"—Mr. Smythies did not give any account of it when he produced it, that I recollect, he merely handed it in—some observation was made by the Master as to the proof of the retainer being a question in the cause, and not to be decided by him there at chambers—Mr. Fluker had an opportunity of seeing the retainer; either I or the Master handed it immediately to him—Mr. Fluker handed it to Frederick
Miles, and they both read it, and the assistant clerk also—at that time I was not at all aware whether there had been a written retainer or not—a letter of Mr. Soden's was also produced to the Master by Mr. Smythies—I do not know the date of it—on the back of the retainer there is endorsed "Richard Soden's consent to be next friend," in Mr. Smythies's writing—the body of the retainer is in his writing—the action stood for trial in the Exchequer on Thursday, 26th April—the record was withdrawn on that day—I attended a consultation of counsel with Mr. Smythies, and it was after that that the record was withdrawn—the papers in the suit and action were taken from Mr. Meyrick's office on Monday morning, 7th May, about ten o'clock, by Mr. Smythies—the retainer was among those papers—Mr. James afterwards came to our office, I think on the same day, he was then told of the removal of the papers—the letter that was produced to the Master by Mr. Smythies was, I believe, dated 12th May, 1847.
Cross-examined by MR. W. H. COOKE. Q. Do you remember when that letter was produced, the Master saying," Why, this letter is sufficient consent of Mr. Soden, without troubling you any further?" A. No—I do not remember that—I do not remember any observation of the Master's with reference to the letter—to the best of my belief it was handed to Mr. Fluker, without any comment of the Master—it was first produced and shown to the Master, and by the Master handed to Mr. Fluker—we did not get the letter admitted by Mr. Soden's attorney, to be his handwriting; we gave notice to admit, but I do not think this letter was amongst them—Mr. James was a clerk to Mr. Duncan, solicitor to the Eastern Counties Railway—I believe he acted under Mr. Duncan as long as Mr. Duncan continued there—I do not know that it was on 12th May that Mr. Duncan ceased to be connected with the Company—I do not at all know when it was, I think it was in May—Mr. Meyrick is brother-inlaw of Mr. James—I do not know in what way Mr. James was connected with the Eastern Counties Railway, he acted with Mr. Duncan, and was there for some years, but I do not know at all in what respect—the business at Aylesbury was all transacted by Mr. Smythies; Mr. James lived in Palace-yard, he went down occasionally, but seldom—I remember Mr. Smythies on one occasion, I do not know when, saying something about having lost the retainer—I should say that was before we went to the Master to tax, but I do not know—I think in consequence of that I searched among the papers for such a document—it may have been the same day we went before the Master that he told me he had lost the retainer, or it may have been during the suit—the suit was going on for nearly a year and a half—I cannot give any nearer notion—I do not remember his wishing me to search, I remember a general conversation about a retainer being missing, my attention was not then called to it—I do not remember searching, or anything being done upon it, except a general observation about the retainer being missing—this retainer was produced by Mr. Smythies, as I thought at the time, to fix the date—it was produced before the Master as evidence of a date—the result of the change of attornies was to lead to Mr. Kirk being the person to act on the part of the infants in the cause—I do not know that the papers were removed on 7th May, to be handed to Mr. Kirk by previous agreement—I know Mr. Smythies took them away, but for what purpose I do not know—he asked me for the papers in the suit of Smythies and Soden, and I handed him the bundle—I have not seen those papers since in the possession of Mr. Kirk—he is now conducting the suit—I think the business at Aylesbury was rather more than in the elder Mr. James' time; the business that we had in London increased, at least we had more these two years than
we had had prior to that—I did not sort the papers out before Mr. Smythies took them away on 7th May—I had kept the London papers distinct from the country ones—I handed him the bundle—I had tied up all the papers in the cause of Miles v. Miles, and Smythies v. Soden, in different bundles, the London bundle he would not want—he applied to me for the papers, and I handed them to him in the bundle that I had already made up—these are the notices to admit—there is no notice to admit this consent-paper—this is the letter that was produced before the Master, it is dated 17th Nov. 1847—(read—"Castle Thorpe.—Nov. 17, 1847. Dear Sir,—I was from home yesterday when your letter came, and did not get home till it was too late for post. I do not exactly understand whether you meant two securities for 100l. each, or two for 1,000l. each. If you meant for 100l. each, Mr. Golby, of Stoney Stratford, and Mr. Willison, of Old Stratford, would become security; but as for 1,000l., I should not like to ask anybody to be bound for that sum, for it is a difficult matter now-a-days to say who is worth 1000l. I am very willing to do all I can for the family, but if it cannot be done without my giving security for 2,000l., I shall give it up altogether, and remain, Sir, yours truly, RICHARD SODEN.—"I see by the Master's initials that this is the letter that was produced, there was only one letter produced—Mr. Smythies got up the evidence in the cause of Smythies v. Soden—I should have been the witness to prove the work done—Mr. Smythies would have provided the necessary evidence to prove the retainer—Mr. James was to be called as a witness to prove that he was not a solicitor in Chancery, and therefore had no interest as partner in the Chancery proceedings—The retainer was here read, as follows—"In Chan-cery: Miles against Miles—I hereby consent to be next friend to the infants for the purposes of this suit. RICHARD SODEN.—"Endorsed" RICHARD SODEN'S consent to be next friend,"
RICHARD SODEN . I am an innkeeper at Castle Thorpe, in Buckinghamshire, and am uncle by marriage to the plaintiffs, in Miles v. Miles. In May, 1847, they were infants—the signature to this retainer is not my writing—I never signed that or any instrument to that effect, or authorised any person to sign it—this signature is very like my writing—Mr. Smythies was solicitor for the plaintiffs in the Chancery suit—I believe the first day I saw Mr. Smythies was on 29 May, 1847, at his office at Aylesbury—I went there, in consequence of a note I had from one of my nieces—my nephew, Frederick Miles accompanied me, he introduced me to Mr. Smythies—I told him I should have no objection to his making use of my name as next friend, to serve the children—I was very willing to do all I could to serve the children as far as my advice and time went, but I would not lay myself responsible for any costs—he said, "You will not be called upon for that"—I did not sign any paper—I frequently saw Mr. Smythies on subsequent occasions—I never signed any document on any of those occasions, nor was the subject of costs mentioned between us—an action was afterwards brought against me, which I defended—(looking at letters)—these letters to Mr. Symthies are my writing.
Cross-examined by MR. COOKE. Q. Were the Miles' the children of your sister, or your wife's sister? A. My wife's sister; at the death of the father there was not only an estate, but the farming-business to be provided for—the father had an estate which he farmed himself—he left a quantity of stock—he left a number of debtors—he had eight children; several were sons—one of the objects of the suit was to keep the farm going on, if they could, for the benefit of the family—a proposal was made to sell; I certainly approved of that: Mr. Smythies said it was necessary, and advised the sale—some
of the family objected to the sale, and employed Mr. Kirk—I employed him afterwards, and it was agreed on by the family that he should take the place of Mr. Smythies—I am released by Mr. Kirk from the costs-before I had that conversation with Mr. Smythies I had seen or heard from one of my nieces—I had never before the morning I went to Mr. Smythies been asked to act the part of next friend—I understood Mr. Smythies wanted me to be next friend, and I went to see him in consequence of a communication on the subject—I understood that the costs would come out of the estate—I said I would not be responsible for the costs, and I did not say any more about them—I was not told that the costs would come out of the estate—I always understood so from the family—it was an understood thing that Mr. Smythies' costs would be paid by the estate, I was only lending my name—I should think on that occasion, in May, I was at his office twenty minutes or half an hour—I was not an hour there—I have been at his office several times about this suit, and wrote several letters—I always said I would assist all in my power as far as my advice and time went—I came up to Mr. Merrick's office in Furnival's-inn with the Messrs. Miles—I tendered them every assistance I could—I did not attend the consultation—I never spoke to Mr. James until I attended at Bow-street—I had never seen him till a day or two before—I went to him, in consequence of his sending for me—I was applied to, to be prosecutor against Mr. Smythies at Bow-street—Mr. James had never been my solicitor before that—Mr. James did not apply to me himself—he did not speak to me at Aylesbury—I had a letter on the Monday night about coming to London—I came, and saw Mr. James—he said it would be necessary for me to be in London—I was examined as a witness at Bow-street—I represented myself as the prosecutor when the summons was taken out—I did not hear myself mentioned as being the prosecutor—I do not think I should have prosecuted—I was glad to get out of it—I have written to Mr. Smythies in the progress of the cause—the letters are here—I pledge my oath I never signed any paper at the office at Aylesbury—I all along felt satisfied I had never signed any paper—I was asked if I had signed the retainer, and I said I had not the slightest recollection of signing anything—I was so far positive as that—I do not recollect saying, "I do not recollect having done so; I may have said so"—it is so long ago I cannot charge my memory—I never told Mr. Kirk that—I did not tell Mr. Kirk's clerk that I was not certain whether I had signed it or not, it was so long ago—I said I never recollected signing anything, and it was an extraordinary thing that I should have signed it and not know anything of it—I said I never had signed anything to make myself liable for costs—I never recollect having any doubt about it—I never signed any paper to that effect—I have not had the slightest doubt—I did not at first feel that my memory was doubtful in consequence of the time that had elapsed—the suit is not over yet—Mr. Kirk still carries it on for the family—the action that was brought by Mr. Smythies has been arranged on the part of the family by Mr. Kirk, and he has given me a release—the family employed Mr. Kirk to defend the action—that was on the ground that I had never consented to act as next friend—I never intended to dispute that I meant to act as next friend—I was willing to render assistance and advice, and the family were willing to give such costs as he was entitled to out of the state.
MR. HUDDLESTON. Q. When was that conversation with Mr. Kirk? A. I do not recollect the day; it was after I was before the Master—Mr. Kirk told me that before the Master he had seen a document produced which purported to be in my handwriting—that was when I made the observation—my
solicitors, Messrs. Few and Hamilton, wrote to me before I went to Bow-street—they are my solicitors still—I do not recollect that I wrote any other letters than those produced—I did not make copies of them all—I remember seeing Mr. James at Aylesbury when the charge was made against him by Mr. Smythies—I first saw Mr. James on this business at the Magistrate's rooms at Aylesbury on the Saturday that it was heard—I know Ezra Miles; I had before that sent him to Mr. James.—(Several letters passing between Mr. Soden and Mr. Smythies were here read, chiefly relating to the management of the farm.)
JAMES JAMES . I am an attorney of the Court of Queen's Bench—I am not an attorney of the Court of Chancery—I have practised at Aylesbury three years, where my father and grandfather carried on business before me—I was previously in the office of Crowder and Maynard—Mr. Smythies became my partner in the September following my father's death; Sept. 1846—there was a Chancery suit in our office, Miles v. Miles, the management of which Mr. Smythies had entirely—I was aware that there was an action pending, after the change of attorneys, by Mr. Smythies against Mr. Soden—I heard the record in that action was withdrawn, or intended to be withdrawn on 26th April: Mr. Smythies came to me in Palace-yard, and explained to me the reason of his withdrawing it—I asked him how it was, after having given me such decided opinions as to Mr. Soden's liability to pay the costs, he should withdraw the record at the last moment—he had breakfasted with me that morning, and left me to go to the consultation—he came back, and told me that the record was withdrawn; that he told Mr. Hill that Fluker was to be called as a witness, and that Mr. Hill knew Fluker to be so great a blackguard that it would not be safe to allow him to go into the box—I said, "Well, but Mr. Hill could cross-examine him"—he said, "Oh, they will be asked it all before"—I then said, "You had better settle"—not a word was then said about the retainer—on Saturday, 5th May, at Aylesbury, I asked him how he came to withdraw the record, and he then said he had lost the retainer—I said, "But there was a retainer produced before the Master"—he said that was a copy—I asked him who made it—he said he did, he rewrote it from memory—I asked him if he signed Mr. Soden's name to it, he said he did—I asked him if he imitated the signature, he said he did—I made use of an oath, and said, "It is forgery, Smythies; it is forgery!"—he said, "You may call it so if you please"—I said, "It is the first time such a thing has ever been done in this office, and I will take good care it is the last;" and I left him, without speaking another word—that evening I went into Oxfordshire, and next morning I wrote him this letter (read)—"Sunday morning,—Dear Smythies, I regret beyond expression that, after having passed the most uneasy night I ever had, in reflecting upon the facts which our conversation of yesterday disclosed, that I feel myself imperatively called upon to tell you, without disguise, that the feelings of regard and esteem which I bore towards you have undergone a total change. From our first acquaintance, I placed myself entirely in your hands with the greatest confidence; there was nothing I concealed from you; even any private letters were opened by you at my request. The business and its connections, which I avoided representing even at 800l. a year, turned out to be double that amount; and as the returns came in slowly, I allowed you to take your share whilst I spent the money which I had earned elsewhere, and which I ought, in justice to myself, to have invested. Everything in the shape of money was under your control, almost exclusively; in fact, I treated you more like a brother than a stranger; and how have you repaid this confidence? After
involving me and two of the oldest friends the office has, in the meshes of that infernal Chancery suit, you, in order to secure the costs, substituted a retainer in your handwriting for the original, which you had lost. Now, was this honest between you and the client, or proper conduct towards me? I will not, Smythies, in memory of what has passed between us during the last two years, characterise such conduct in the terms it deserves. Your own character you may value as you please, and part with it how you please: but whilst you were connected with me you, had no right to compromise it; and thus reflect upon mine. For myself, I value honour more than life. In God's name what have I done, that I and my sisters should be recklessly rained, without my having an opportunity of averting the disaster? For even when you found that the plot had miscarried, and that you had fallen into your own snare, you deceived me, and the true state of the case was carefully concealed from me. But although I could write pages on the subject, it is more than I can bear. But I cannot conclude without saying that the trust and confidence which I placed in you, relying upon you as a man of prudence and honour, is lost, irretrievably lost. The course I shall pursue will depend upon the advice my friends may give me; but I do not see that there can be two opinions on the subject. The only difficulty I feel is, in having to make so humiliating a statement to any man. I shall leave for town by the ten o'clock train from Aylesbury to-morrow; and remain yours, &c., J. JAMES.—"The two oldest friends alluded to there were Mr. Henry Hay ward, who was to be receiver, and Mr. Neale, steward to Lord Carrington, who was one of the sureties—Lord Carrington is a client of mine, he is the lord-lieutenant of the county—at the time I wrote this letter I did not know that Mr. Soden had denied giving any retainer at all—by the expression," the true state of the case was carefully concealed from me, "I meant, that when he found it was necessary to withdraw the record, to prevent the exposure of the document being a false one, that he had told me an untruth about Mr. Hill and Mr. Fluker, I meant to express that—I received from him a lettter which crossed mine of the same date—this is it, it is his writing—(read)—"Aylesbury, 5th May, 1849—My dear James, I think it due to you and myself to say that I agree in your remarks respecting the retainer, and have felt ashamed of the act ever since it occurred. I might, by stating the circumstances out of which it occurred, extenuate the act; but it was certainly wrong, and ought not to have been done. It is very difficult not to do wrong sometimes, particularly under great provocation. I feel the more upon the subject, because, as partner, you are somewhat compromised by what I do. I will however be more careful for the future, and trust you will never again have occasion to be dissatisfied with me. Very truly yours, HENRY SMYTHIES.—"I received this other letter from him, and I suppose it was in answer to mine of 5th May—(read)—"Aylesbury, Sunday evening, 6th May—Dear James, I have just received your letter of this morning, which I must say was not wholly unexpected. I have long perceived that you were discontented, and I anticipated your taking this opportunity of expressing your feelings. It is not my wish to deny that, in some respects, your behaviour towards me has been kind and gratifying, particularly with regard to pecuniary affairs. You remind me that you left me the entire control of the business, but you omit to state that you avoided every occasion of advising with me, and that when I have fallen into unforeseen error, you reproached me without mercy and without consideration. When you state that you valued the business at not more than 800l. a year, that was the average of the business during your father's time; and if during my time the business
has doubled, surely you are in some measure indebted to my care and attention for it, and must admit that I have ever acted with the strictest integrity and not abused the confidence you placed in me. I have always considered and so consider, that your charges against me relative to the suit of Miles v. Miles, are most unjust and ungenerous. Neither you nor your two friends have been injured in the slightest degree, nor are you likely to be so. You imagine evil, and then upbraid me as the author. You speak of the revelations made during an interview yesterday, but you were informed of everything by my brother three days since. You came into the office, knowing the whole facts, and you talked upon indifferent subjects. You left the office, returned, and again talked upon indifferent subjects, and this whilst you were meditating your attack. At length you entered upon the subject, proving by your questions that you were fully informed upon every point, and then gave vent to your indignation in terms of unsparing severity. How am I to understand this? I wrote a letter yesterday, addressed to you in town, so totally at variance with the spirit of yours, that I am under the necessity of recalling it, and shall expect it to be returned to me unopened. I shall also go to London to-morrow to have this matter fully investigated. I shall expect you at Furnival's Inn, at half-past twelve.
"Yours, &c., HENRY SMYTHIES."
Q. Had there been, that you are aware of, any discontent exhibited by you towards Mr. Smythies previous to this letter? A. Yes, there had—I complained of his commencing the suit and altogether, and his conduct with reference to the articled clerk—I had not received any premium from him when we entered into partnership—I had been led to suppose that this was a copy—in May last I received a communication on the subject from Mr. Soden, through Ezra Miles—it was on the afternoon of the day upon which I gave Mr. Smythies notice of dissolution, on 15th May—before that I had no knowledge or suspicion that there had not existed an original retainer—in consequence of what I learnt from Ezra Miles, I went down to Aylesbury to seize the papers—I took a Mr. Aubertin with me—I broke open Mr. Smythies' desk, and removed every paper of every description almost in the office—I found this retainer in his desk, and also these seven letters—five of them were tied up together with a piece of green tape, and the other two were in the corner of the drawer—in the retainer the signature "Richard" has the small "d" after "Rich," and also in the five letters, but not in the two—in consequence of my breaking open the desk, I appeared before a Magistrate—I was not taken into custody, a warrant was issued—I came down to Aylesbury, and the officer came, and Mr. Huddleston insisted on his taking me into custody, and thereupon I walked to the Magistrate—the Magistrate at once dismissed the charge—I received this letter, dated 12th May, from Mr. Smythies on 13th—it was sent to me—a draft of it was found in the drawer—(letter read—"Aylesbury, 12th May, 1849. Dear James,—I confess myself at a loss to understand the principle upon which you are acting towards me." The following passage here occurred in the draft, but was omitted in the letter: " I know it is not in your nature to act unjustly to anybody, and I cannot think you would mark me out for a different course of treatment.") "I suspect you are not acquainted with the facts, I will therefore state them. Doubtless you recollect telling me to sue all the Miles' party for our costs, and that if we got only sufficient to pay agents' costs, it would be better to get clear of the matter. I proceeded to do so, and, upon looking up the evidence, I discovered that I had mislaid the retainer. Fully expecting to find it, and the wording of it being fresh in my memory, I re-wrote it, and
laid the duplicate, together with the other papers, before my brother, to advise upon evidence—upon the taxation Kirk's clerk asked to see the retainer. I might have refused to show it him, for he had no right to see it; but as I had no cause for concealment, having the duplicate among the papers, I gave it to him, making no remark; he copied it, and returned it to me. Having failed to find the original, the document was left out of the brief, upon which my brother told me of the omission, and I said it was omitted purposely, I having lost the original. The circumstance was mentioned at the consultation, but Mr. Hill being called into Court, the consultation was adjourned. Afterwards, and after I saw you, my brother advised me to withdraw the Record. I thought we could do without the retainer, as we had other evidence, but nevertheless took his advice, and after making terms with the defendant, and getting a positive assurance from him that the suit should be continued, and the costs paid out of the first moneys realized, I withdrew the Record. You charge me with having concealed from you the fact of my having lost the retainer. Call to mind the remarks. you had made to me when you only suspected me of trifling, and ask yourself what I had to expect if I informed you of so careless an act as losing a retainer; and can you be surprised at my not telling you? Having no papers in the suit in the office when I took the retainer, I no doubt put it somewhere by itself, and so it was mislaid. You wish me to dissolve the partnership; be it so, I consent to sell out, and leave Aylesbury altogether. You may say that having come in for nothing, I ought not to expect to sell. I reply, when you took me into partnership, you could not get any desirable person not only to purchase, but to take it at a gift. I have heard I was the last of sixty applicants; perhaps there is nothing to sell now; if so, I leave the business as I found it; but if there is anything to sell, it must be through me that it is so; and as you will not be prejudiced, you ought not to object to my reaping the full benefit of my own exertions; nor would you, I think, wish to send me into the world without giving me the chance of providing a fund to establish myself elsewhere. Of course I shall not sell to any one objectionable to yourself. I have not yet received my recalled letter.
"I am yours, &c. HENRY SMYTHIES."
Q. Was there any foundation that there were at least sixty applicants for the business? A. I had shown the books to one gentleman besides Mr. Smythies, he was the second—there were applications out of number—Mr. Smythies had no connexion at Aylesbury—it was entirely mine.
Cross-examined by MR. COOKE. Q. Had you upwards of sixty applicants for the business? A. The letters were not addressed to me, but to my agent, and I really do not know; there were a great number—I did not see them all—I was clerk under Mr. Duncan, in the Eastern Counties office—I was paid according to what was done; there was no fixed sum—I think in 1848 I re-ceived more than 800l.; I dare say in 1847 it was more—I went into Mr. Duncan's office in 1846—I was not there at the time I offered this partnership to the professional world—I wished to come to London to practise, and told Mr. Duncan my intention—I was with him about a month or six weeks before Mr. Smythies came to Aylesbury—from that time I devoted my week-days to Mr. Duncan—I was down at Aylesbury sometimes—I never passed a week there—I went to my own house, which is attached to the office—I sometimes went on Tuesday, Thursday, or Saturday—I have passed two consecutive days there in every month—the arrangement was that I should be there as much as I could, especially on Saturday—Saturday was the great business day—I understood that Mr. Smythies practised in Monmouthshire before he
came to Aylesbury—he told me so—I have no doubt of it—his father is a Clergyman and a Magistrate of the county of Essex—he is married, and has a family—I went down to seize the papers on Thursday 16th, I believe—I had not received notice of dissolution of partnership from Mr. Smythies on the 14th—I received it on the 15th—I believe I was writing my notice at the time it came—Mr. Merrick brought it, and was present while I was writing mine—I knew that Mr. Smythies was in London transacting business for the office when I went down to Aylesbury to seize the papers, or I should not have done it—I did not make any appointment for him to come to London that day, I had nothing whatever to do with it—I did not know till after the afternoon of the 15th, after Mr. Smythies had given me notice, that he was going there—I took possession of every single paper—I searched out all the strictly private papers and sent them up to Mr. Meyrick's office, with his diaries and everything useful to his defence, and instructed him to inform Mr. Baines, his London agent, that they were there—the papers were chiefly bills—I looked them through before I parted with them—the letters that have been read were what I kept as essential to the prosecution—Mr. Smythies had a warrant against me for breaking into his office—I took Mr. Huddleston down to Aylesbury as my counsel—he came into the room and found me with the officer—he said, "Have you taken him into custody?"—he said, "Certainly not, and I do not mean to"—Mr. Huddleston said, "You had better take him"—I know Frederick Miles; I have seen him twice, I think—he is here—I have had frequent communications with Ezra Miles—I left Mr. Duncan six months ago—it was after my return from the continent last year—it must have been in Sept.—I was living in Palace-yard from Sept. to May, at Mr. Duncan's office—I continued in his office till he left the Eastern Counties—I did not continue in his service, I rented the office of him—I carried on business there exclusive of Mr. Smythies—I have that office now—I assisted Mr. Duncan up to the time he left the Eastern Counties—I have scarcely done anything with him since—I have done something for him—I have had some French business in hand.
Q, Did you offer to take Mr. Smythies as your managing clerk if he would only retire from being your partner, after you discovered this forgery? A. Yes; after I discovered the forgery, no—I proposed it to Mr. John Smythies who was the barrister in the cause—it was before the 15th of course, because that was my ultimatum—it was after the letter which I got on the Sunday morning: excuse me, but I have not given you a correct answer to that question; I offered Mr. Smythies to continue in partnership with him on one condition only, that he should instantly sign an agreement to enable me to go down to Aylesbury at any moment, and without any notice, to say," Mr. Smythies, you are my partner no longer"—that was refused—an agreement was entered into when we first became partners, and a deed was prepared but not signed—the agreement was signed—I told Mr. Smythies, the barrister, that I should dissolve the partnership, and he said, "You can't, there is an agreement"—I did not on that say," Then I will give him into custody"—I said I would have him struck off the rolls—I do not recollect saying, "I will make a charge of forgery against him"—I told him it was forgery—I told Mr. John Smythies I should have him struck off the rolls for that forgery—I was not at Bow-street when the case was heard before Mr. Henry—I was close by; I did not come into the Court—I know that the case was dismissed—I believe Mr. Kirk was applied to to prosecute Mr. Smythies—I never had any communication with him—I do not know whether he was applied to with my advice—I left it entirely in Mr. Humphreys' hands—I never wrote a
letter to Mr. Kirk or Mr. Fluker in my life—I think it is very likely that I recommended Mr. Humphreys to apply to Mr. Kirk—I do not recollect—I employed Mr. Humphreys to conduct the prosecution—I said that I never applied to Mr. Kirk or Mr. Fluker to prosecute; I must correct myself, I have not the slightest recollection in the world of ever having written a letter either to Mr. Fluker or Mr. Kirk, but it is possible.
MR. SERJEANT BYLES. You have said that after the letter of the 5th you offered to take him as a managing clerk? A. Yes; I did not make that offer or anything of the kind after I had had the communication from Mr. Soden through Ezra Miles: not after I knew there was no original retainer—the latter part of the case I left entirely with Mr. Humphreys.
FREDERICK MILES . I accompanied Mr. Soden to Mr. Smythies' office in May 1847—I cannot remember that there was any document signed by Mr. Soden—Mr. Smythies asked him to become next friend to the infants—my ancle told him he would do all he could for us, as far as advice and time went, but he would not be liable for any costs—Mr. Smythies said he did not wish him to.
Cross-examined by MR. ROBINSON. Q. Do you recollect when this was? A. In the spring of 1847—I have been twice with my uncle to Mr. Smythies' office—I went in with him every time—the last time uncle went I believe he was there before I was—that was not in the spring of 1847—I can undertake to swear that in the spring of 1847 I stayed the whole time my uncle did—I have had conversation with my uncle about this business—he has always said he never signed any paper—I do not know that my uncle signed a paper at any of the meetings—I have said I thought it was very likely he did do such a thing, I thought he would have signed one, and I inquired of my uncle, and he said he never did—I never saw him do it.
COURT. Q. You mean your uncle is a kind relation, and you think it likely he would sign what was wanted for you? A. Yes; I said I thought it was likely he might.
MR. COOKE, with MR. ROBINSON, contended that the charge of uttering with intent to defraud, was not made out, no fraud having been perpetrated in consequence of the uttering, Mr. Soden having already given a verbal consent to act as next friend, (see The Queen v. Bolt, 2 Car, and Ktr., p. 604); and that as to the forgery, there was no proof that it was committed within the jurisdiction of this Court, or that the defendant was in custody within the jurisdiction, he not having surrendered until the moment of trial, which would not satisfy the terms of the Act of Parliament. MR. SERJEANT BYLES submitted that the surrender of the prisoner to take his trial would be a sufficient custody to give the Court jurisdiction. The COURT was of opinion that there was evidence for the Jury both of forging and uttering with intent to defraud; but the question of jurisdiction should be reserved.
The JURY found the following special verdict: " GUILTY of uttering the forged document with intent to defraud ; and GUILTY of the forgery with intent to defraud, but we find no proof of the forgery being committed within the jurisdiction of this Court. "— To enter into his own recognizance in 100l., and find one surety in 50l., to appear and receive Judgment when called upon.
MESSRS. BODKIN and HUDDLESTON conducted the Prosecution.
HENRY GOLDSWORTH AYLING . I am shopman to Mr. Prosser, a fishmonger of Great Turnstile. On 1st Aug., the prisoner came and bought a crab, it came to 4d., she gave me a half-crown—I said I thought it was bad—I took it to the Robin Hood, and found it was bad—she said she had only 1d., and offered to leave that and the crab and fetch the difference—I let her go—I marked it, and gave it to the policeman next day—this is it (produced).
Prisoner. I never saw you before. Witness. She is the person—I selected her from others—she said she obtained the half-crown for making a dress.
ELIZABETH POTTER . I am a stationer of Bedford-row. On 2d Aug., the prisoner came into my shop for some note-paper and envelopes, they came to 6d.—she gave me a half-crown—I gave it to my son to get change—he came back with James Sowerby, who had the half-crown, and said it was bad, in the prisoner's presence—she said she took it in part payment for making a dress—Sowerby asked her for the person's address—she refused to give it—a person named Kidner came in and said, "This is the lady I was looking for, she has just tendered me a half-crown"—I got this half-crown from Sowerby and gave it to Mills.
Prisoner. Your son came in with the change, and put it on the corner of the counter. Witness. He did not.
EDWARD MILLS (policeman). I received this broken half-crown from Mrs. Potter—I asked the prisoner how she came by it—she said she took a dress home that morning, and received it then—I asked, where?—she refused to tell, but said she would go to the place—as I took her to the station, she said she received it from a gentleman.
Prisoner. I could not direct any one to the place, but I could take them there; the policeman would not go.
FRANCIS KIDNER . I am a butcher, of Red Lion-street, Holborn. On 2d Aug., the prisoner came for a piece of steak, it came to 6 1/2 d.—she gave me a half-crown—I said it was bad—she said she had only 1d., she would leave that as security—she left it, and I gave her the half-crown back—she said she got it of a lady she made a dress for—I sent my man to watch her—he returned in eight minutes, and told me something—I went to Mrs. Potter's, and found the prisoner—I said she had just tried to pass a bad half-crown at my shop—a half-crown was produced—I looked at it, and thought it was the same.
MARY ADAMS . I searched the prisoner at the station, and found five shillings and three sixpences tied up in the corner of her pocket—she said, "Take 1s., and don't produce the money"—then she said, "Pray keep it all, do keep it all; don't show it"—she said it would look strange she should offer a half-crown when she had this silver.
GUILTY . Aged 28.— Transported for Seven Years.
NEW COURT.—Wednesday, August 22nd, 1840.
PRESENT—Mr. Ald. COPELAND; Mr. Ald. MUSGROVE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY .** Aged 16.— Confined Six Months.
GUILTY . Aged 26.— Confined Twelve Months.
GUILTY .** Aged 19.— Transported for Seven Years.
GUILTY . Aged 17.— Confined Four Months.
RICHARDS pleaded GUILTY .** Aged 14.
YATES pleaded GUILTY . Aged 18.
Confined One Year
GUILTY . Aged 13.— Confined Six Months.
GUILTY . Aged 20.— Confined One Month.
GUILTY . Aged 47.— Confined Three Months.
GUILTY . Aged 49.— Confined Six Months.
GUILTY . Aged 17.— Confined One Year.
handkerchief from his pocket—Collins had his hands in his pockets, holding his coat open, to cover him—I took Cremer—I had watched them half an hour.
CREMER— GUILTY .** Aged 17.
COLLINS— GUILTY .** Aged 19.
Confined Six Months
GUILTY. Aged 20.—Recommended to mercy. — Confined Three Months.
THOMAS JONES CAVANAH . The prisoner came to my shop and offered me a ring for sale for 7s. 6d.—I offered him 5s., I tried to dally with him while I sent for a constable—he said it was given him by his father, who lived at 4, Ratcliffe-square—he afterwards said it was given him by Mary Ann Church.
Cross-examined by MR. PARRY. Q. You retained the ring, and he left the shop? A. Yes; saying, "I will soon fetch some one who will make you give the ring to me"—he did not return till the policeman brought him back—his father was then with him.
Cross-examined. Q. Is she his cousin? A. Yes.
WILLIAM SIMPSON (policeman). I took Mary Ann Church, and afterwards saw the prisoner, and told him I wanted to question his aunt respecting some jewellery her niece had—he said I need not trouble myself, as he knew all property she had in her possession was hers, and she had had it some time—he named a gold locket, brooch, and ring.
MR. PARRY called
ELIZA HARRISS . I am sixteen years old, and am the prisoner's sister, and live at 10, Ratcliffe-square. I recollect my cousin Emma giving the prisoner a ring on the first Sunday after she came—she said, "Here, cousin Joe, here is a present for you"—he said, "No; keep it yourself, for I shall never want it"—she was taken on the Saturday afterwards.
FANNY BILLINGS . I am in the service of Mr. Martin, of Blackwall. The prisoner has worked there eight or nine years—he showed me a ring on his finger, which he said was a keepsake from his cousin—I took it off and kept it a week or ten days—on the night of 2d July, he came and asked me for it back, as he wanted to give it up to the lady as his cousin had been stealing it. NOT GUILTY .
JOHN WREN . I am a shoemaker, of Church-passage, Basinghall-street. On 1st Aug. I was in my shop and saw the prisoner take a handkerchief from the prosecutor's pocket, and put it under his coat—I told him, he called" Stop thief! "and ran after him.
gentleman stopped him—my handkerchief was picked up about forty yards off—he had passed there.
Prisoner's Defence. I heard a cry of "Stop thief!" a man passed me, and I ran.
Prisoner's Defence. It was not me, but my brother.
GUILTY . Aged 21.— Transported for Seven Years.
BENJAMIN DAWSON . I am a foreman on the Eastern Counties Railway. On the morning of 19th June I was called up, and found the premises broken open—I missed an excentric ring, a band, and other things—these are them (produced)—they belong to the Company.
Cross-examined by MR. THOMSON. Q. How do you know them? A. By the marks—the ring fits the machine.
JOHN EDWARD MILES (policeman). On 18th July I met the prisoner under the railway arch with these articles in his hand; he said he was going to get them repaired—I took him—I found the premises broken open.
GUILTY . Aged 28.— Confined One Year.
Prisoner. I bought it.
GUILTY . Aged 33.— Transported for Ten Years.
GUILTY . Aged 16.— Confined Six Months.
GUILTY . Aged 18— Confined One Year.
GUILTY . Aged 47.— Confined One Year.
GUILTY . Aged 26.— Confined Three Months.
JOHN CLAYPHAM . I am shopman to Mr. James Carter and another. On 9th July we had forty yards of calico at our shop—I saw the prisoner stoop down, and walk away—a person came in and said, "A man has taken piece of calico from your shop door"—I went out and found the prisoner with it on his arm—it was my master's.
GUILTY . Aged 24.— Confined One Year.
EMMA KALLOWAY . I am the wife of Joseph Kalloway; we keep the Golden Fleece tavern, in Queen-street. The prisoner was our waiter—in consequence of suspicion I put four marked sovereigns in a bowl on 26th July—the prisoner soon after came into the room where I had placed them—I missed one of them—a sovereign has been found, which is one of those I marked.
Cross-examined by MR. BALLANTINE. Q. Where did you put the bowl? A. On the glass-shelf in the bar—there were three other persons who are in our employ, who were in the prisoner's dining-room, beside him—they could go to the bar if they liked, but it was not their business—I know they did not go there, for I watched—I could not see the bowl from where I was, but there was not any one went there but the prisoner—I saw him go there—the shelf is a little behind the chimney-piece—the prisoner went there, fetched away the dirty glasses, took them to his own room, washed them, and brought them back clean, and put them on the shelf—I did not leave all the time—there are two doors to the bar.
Cross-examined. Q. Did you see him go to the stove? A. Yes; and saw him stand there—I kept my eye on him—the sovereign was found in about ten minutes—my other waiters had not an opportunity of going to the bar—they were in the dining-room, and could go to the stove—I was away with the prisoner about ten minutes—other persons might have put the sovereign there if they had had it.
GUILTY . Aged 33.— Transported for Seven Years.
the railway terminus at Shoreditch—I went to get a ticket and felt something press against me—I turned, and saw the prisoner with my purse in bis hand—he ran away; I called, "Stop thief!" and he was followed and brought back-the purse was found by the porter and brought to me—there was 4s. in it.
Cross-examined by MR. O'BRIEN. Q. Was there a great crowd about? A. Not very great;—I was taking a ticket at the time.
MAURICE MULCAHAY . I am a policeman—I produce a certificate of the prisoner's former conviction—(read—Convicted 10th May, 1847, having been before convicted, confined eighteen months)—the prisoner is the person.
GUILTY . Aged 19.— Transported for Seven Years.
MARY SIVERS . I am the wife of Richard Sivers, of Northalt. The prisoner was our barman—it was his duty to receive money and give it to me—he did not receive this money all at once, but of several persons—on 10th Aug. he gave me 7s. 6d. at night—I said, "Is this all you have taken?"—he said, "Yes"—I went to bed, and spoke to my husband—I then went and fetched the prisoner's trowsers, and found the money in his watch-pocket in a red purse—I put it back into his pocket, and my husband fetched an officer who found the money on the prisoner; it was money he had taken at our bar—I cannot say who he had taken it from—he had served a good many people—we cannot keep an account of who we take money from—I know it was my money.
EDWARD SPICER (policeman, T 75). I took the prisoner—I asked him what he had done with the sovereign that he was going to get change for on Saturday night—he said he had not one—I searched him and found three sovereigns, a half-sovereign, and some silver—I asked if he had any more—he said, "No; not a farthing"—I then searched inside his coat, and found two half-crowns in one paper, 5s., in another, and 1s. 6d. in another.
Prisoner. I had a sovereign for hay-making, and my father gave me a half-sovereign. Witness. There were three sovereigns found, and he said it all belonged to his master but one penny.
Prisoner. I did not say that—he asked me if I had got any of my master's money, and I said, "No; not a farthing"—the people who come to the tea-gardens give me money. Witness. He said at first he had no money of his master's, and then he said it was all his master's but one penny.
GUILTY . Aged 17.— Confined Six Months.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
HENRY KENNEDY . I am a shoemaker. On 15th July, I went to Harrow-alley, where there is a market for old clothes, to purchase a waistcoat—I found one, and tried it on—I pulled off my coat and had it on ray arm—I had a pocket in my coat, and 2s. 4d. in it—the prisoner came behind me—I was putting on my coat and felt it draw—I turned, and saw the prisoner with his hand in the pocket—I put the coat on, and went on—the prisoner followed me and put his hand into the pocket again—my coat was then open—I buttoned it—he then walked in front of me, and then walked back again—I walked to another part, and he put his hand into my pocket again—I then found I had lost 2s. 4d.—I turned back and saw the prisoner on the other side—I gave him in charge of a policeman—he struggled very much,
and held out his hand amongst the crowd—the person he was handing the money to did not get it, and he dropped two shillings; I picked them up and gave them to the policeman.
Prisoner. I was going to buy a hat, and there was a row; he says I made three attempts, why did you not give me in charge at first? did you lose your money in the crowd? Witness. There was a crowd—I picked up the two shillings—you made the row yourself.
WILLIAM FINN (City-policeman, 41). I was on duty there on 15th July. There was a crowd, as there generally is—there were 700 or 800 people—the prosecutor gave the prisoner into my charge—I laid hold of him, he struggled very violently—he held out his hand, and two shillings dropped on the pavement—I had no sooner laid hold of him than I was knocked down on the ground—the prosecutor picked up the two shillings—two or three other officers came to my assistance—I had got the prisoner by the collar, and he called to a person named Harry to get his knife and cut his handkerchief—that was done—I then got him by the skirts of his coat—the skirts of his coat were cut off, and he got away—I called, "Stop thief!" and he was taken—the mob kept me down till he was brought back.
Prisoner. Did I not say," I will go without your dragging me," and you said you would drag the more? Witness. I did not say so.
SAMUEL SPECK (City-policeman, 35). I was there, and heard a cry of "Stop thief!"—I saw the people opening, and the prisoner running as fast as he could—he had neither hat, handkerchief, nor coat on—I took him, and he stooped down and bit my thigh—another officer came up and took him away—during the whole time I have been an officer I never experienced such violent conduct.
Prisoner's Defence. I did not bite you; I saw a row, and a young fellow was taken in charge; the prosecutor went to the officer and said he would give me in charge for taking two shillings out of his pocket; I said, "You must be a false man;" the officer began to pull me about, and the two shillings fell out of my pocket; I said, "I won't go without that money;" when he got the two shillings to the station he marked them; it was my own money. GUILTY .* Aged 19.— Transported for Ten Years.
WILLIAM BROOKE . I was walking in York-street, Westminster, on 23d July—the policeman spoke to me, and I felt and found that my handkerchief was gone from my pocket—I had had it two minutes before—this is it (produced).
GEORGE JACOB POWLEY (policeman, B 228). I saw the two prisoners loitering about—I watched them for about five minutes—I saw them follow the prosecutor—James drew the handkerchief—Graham was close behind him, covering him—James put the handkerchief in his breast—he ran off—I pursued him—he threw the handkerchief away as he was running—I took it up—I took the prisoners afterwards—I knew them both perfectly well.
JAMES— GUILTY . Aged 18.— Confined Three Months.
GRAHAM— GUILTY . Aged 17.— Confined One Year.
GUILTY . Aged 29.— Confined Nine Months.
Prisoner's Defence. I had a shopmate who worked with me; his employer owed him 8s., and he pawned this coat and jacket; a row took place between the prosecutor and his wife; he struck his wife, and she would not live with him any longer; all I took away was one jacket; he owed me 4s. 6d., and I pawned the jacket for 3s. 6d.; my shopmate pawned for 8s.
MICHAEL MCCAREY re-examined. I had no quarrel with my wife—her father was taken with the cholera that morning, and she went out to him—I went out to the shop, and when I came back the two men were gone and the door was locked.
GUILTY . Aged 36.— Confined Two Months.
OLD COURT.—Thursday, Aug. 23rd, 1849.
PRESENT—Mr. Justice ERLE; Mr. Ald. COPELAND; Mr. Ald. WILLIAM HUNTER; Mr. Ald. CHALLIS; and EDWARD BULLOCK, Esq.
Before Mr. Justice Erle, and the Fourth Jury.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
MATTHEW PEAK . I am a police-officer attached to the Post-office. On Tuesday evening, 7th Aug., about eight o'clock, I was at the back part of the Post-office, standing behind a door which concealed roe from the persons coming up the steps until they got into the hall—whilst there I saw the prisoner coming up the steps into the hall—as he came up to the door he threw down a piece or two pieces of paper; I could not see which—they fell near me—he turned round and saw me—he did not say anything to me—I did not appear to take any notice of him—he went across the hall towards the Alders-gate-street side—as soon as his eyes were off me I picked up the piece of paper—when he got near the entrance-door he stood behind a pillar—I then saw him tearing up some bits of paper and throwing them down—I then lost sight of him for about a moment—when I saw him again he was coming across the hall back again with a female—he came to the door where I was standing,
seeing the India boxes off, and said to her, "This is our Foreign-office"—he was showing her the different offices—he then went down into the back yard, and said something to the female which I did not hear, pointing towards the lobby door—he then came back again into the hall, went across the hall, and out at the front part—I then went to the pillar where I had seen him throw the paper away I there saw Clayton, one of the messengers, I called his attention to the pieces of paper, and he assisted me in picking them up—he gave me what he picked up—I preserved them with what I picked up near the door till next morning, keeping them separate—these are them (produced)—I made a report the same night—next morning I saw Mr. Bokenham—I went to seek for the prisoner, but could not find him till five o'clock in the evening, when he came on duty—I told him that Mr. Peacock wanted him—I went up with him into Mr. Peacock's office—he said, "What does Mr. Peacock want with me?"—I said, "He wishes to see you with respect to the letter I saw you tear up last night in the hall"—he made no reply to that—at that moment Mr. Peacock came in—he requested me to repeat all I had observed, which I did—the prisoner said he could not account for it; he recollected having three letters on his inkstand, one from his father which he tore up at the lobby door at the entrance of the hall—he was then told that had no reference to the one that was seen torn up behind the pillar—he said he had no recollection, and could not account for that—he was then shown this portion of the envelope in the state it is now, with the word" Norwich "on it—he said, "That is my writing"—that was what I picked up near the pillar—he was searched and 7s. found on him.
Cross-examined by MR. BALLANTINE. Q. When he threw away the first two or three pieces you speak of, how far was he from where you were standing? A. Not two feet; he threw them down towards me as he was walking across the hall—he could not see me then as I was behind the door taking an account of the boxes—he turned round and saw me after he threw down the paper; he made no endeavour to recover the pieces—I did not follow him—one of the pieces which he threw down contained no writing, and was not kept—I cannot say what has become of it—I lost it.
JOHN CLAYTON . I am a messenger in the Post-office. On Tuesday evening, 7th Aug., I saw the prisoner in the back part of the hall with a female—I picked up some pieces of paper near the pillar, which I gave to Peak—we picked up all that was there.
ALICE WHITBY . I reside at Haslar Hospital, Gosport. On 7th Aug. I wrote a letter to my mother in Norfolk—I enclosed 1s. 6d. in a piece of silk, sewed it to the letter, put it in an envelope, and directed it to" Mrs. Whitby, Brinton, Brinenham, Norfolk"—this is the envelope produced—this is part of the letter I wrote—here is a portion of the cotton to it with which I sewed the shilling—I gave the letter to Mrs. Easton to post—I sealed it with a thimble, I find the seal here.
MARY ANN LEGG . I am assistant-postmistress at Gosport. I made up the bag for the mid-day mail on 7th Aug.; it was dispatched to London in the ordinary course, at ten minutes after one—this envelope bears the Gosport office stamp of that day.
Post-office. The prisoner has been nearly ten years employed there—he was on duty at the Inland office on 7th Aug.—a letter sent from Gosport by the mid-day mail would arrive at the Post-office on its way to Norfolk about half-past fivehe was employed as one of the inspectors of blind letters—a letter which has not a very intelligible address would go into that office—there was no post town mentioned on this letter—that would be called a blind letter, and would as such come into the hands of the prisoner or the other inspector that evening—it would be the inspector's duty to write on it the post town to which it should go—this word "Norwich" is the prisoner's writing—I have seen his writing several times—after putting" Norwich" on it, it would be his duty to send it out with the other letters to be dispatched that same evening—he would not have occasion to keep it in his own possession for any lawful purpose—it would go from the office at eight o'clock—it has the stamp of the Inland office on it; that indicates that it had arrived by the evening mail.
Cross-examined. Q. What number of letters would come into his custody on that evening? A. I cannot tell within 200 or 300; it is very uncertain—one other person, Mr. Johnson, was engaged in the same department—it was no part of his duty to deliver letters.
CHARLES JOHNSON . On 7th Aug. I acted with the prisoner as an inspector of blind letters in the Inland department—I have no recollection of seeing this letter in the course of my duty—I believe the word "Norwich" on it to be the prisoner's writing—after putting that on it would be his duty to send it away with others by a messenger to be sorted.
Cross-examined. Q. Suppose a letter was torn, would it be his duty to transmit it in that state, or would it be taken to some other part of the office to be re-sealed? A. Torn letters are re-sealed in another part of the office—they are kept back for five or six minutes for that purpose—there may be perhaps fifty or a hundred letters of that sort of a night—I do not know whether he had any to be re-sealed that night—I did not observe any in our depart-ment—I never knew the messenger leave letters behind—I have known instances where letters have not all been written on, and then they would not be sent till the next post.
MR. BODKIN. Q. In this instance the word "Norwich" being written on the letter, would it be necessary to do anything else? A. No; it was in a state to have gone off by that night's post, and ought to have gone.
GUILTY. Aged 37.—Recommended to mercy by the Jury. — Transported for Ten Years.
MR. PARRY conducted the Prosecution.
GEORGE HENESSEY . I reside at 10, Lambeth-road, and am a tailor. On Saturday, 8th July, about ten minutes past twelve o'clock, I was passing the Westminster Hospital, and was hit on my temple; I do not know who by—it turned me round, and I fell on my back—I then saw Steele and Martin near me—Martin jumped on me after I fell, put his hand into my breast-pocket, and took out a half-sovereign, 6s., my book, and handkerchief—I struggled with him and tried to get away, and then Steele hit me and fractured my jaw—he hit me with a thing exactly like a life-preserver—they then all went away—there was a third man, but he did nothing, merely looked on—I did not lose my senses at all—some men came up and picked me up—there were no other people by when they assaulted me—when the policeman came up I was assisted to the Westminster Hospital—I was there a fortnight—my jaw
had been set—I had seen the prisoners once or twice before—I am certain they are the men—on the Tuesday they were brought to me at the Hospital with a third man—I got up from my bed, put my hand out, and shook hands with Steele, and told him I was glad to see him, and he said, "What is the matter Henessey?"—I said, "You know well what you did to me on Saturday night when you and Martin robbed me"—they were given in charge.
Steele. Q. Who was it came out with you from the public-house? A. I did not know there was anybody but myself—I had just come from the George and Ball, in Orchard-street—I was quite sober—I was going home when I was knocked down—I did not notice any one outside the public-house—there was no one with me before I was knocked down, till you came—I swear to you, because I saw you and knew you before—you had the coat on you have now.
Cross-examined by MR. PAYNE. Q. Do you mean to say no one was with you when you came out of the public-house? A. No one was with me—two others came out at the same time and walked with me to the corner by the Hospital, they then went towards the Park, and I went along by myself—I am sure it was not those persons that attacked me—I did not say on the next morning that I should not know either of the persons—I told the policeman on the Monday morning what they wore, and he brought them on the Tuesday—I was in the public-house from half-past ten till five minutes to twelve—I had a drop of ginand-water there—David Henessey keeps that house—he is no relation of mine—I did not see Martin there—it was on the Wednesday, not Tuesday, that the policeman brought the men—I do not know the policeman's name who helped me—I was not insensible before I got to the hospital—I am quite certain I did not say I should not recollect either of the persons—I am certain I had the money about me—I got 12s. of it in Westminster, and 7s. from Mr. Gray, of the Waterloo-road—I have worked for him nearly fourteen years.
MR. PARRY. Q. Did you become insensible at all? A. No; but I could not speak on the Sunday morning, on account of my jaw being broken.
DAVID HENESSEY . I keep the George and Ball public-house, Orchard-street, Westminster. On Saturday night, from about half-past ten until five minutes to twelve, the prosecutor was at my house—he left at that time, perfectly sober—I know the prisoners by being at my house several times—I had seen Martin that evening about half-past ten, the prosecutor was there at that time, I do not know whether Martin saw him—they are in the habit of frequenting my house.
Steele. Q. How long is it since you saw me there? A. Five or six days before this occurrence—I did not see you there that night—two friends left the house with the prosecutor.
Cross-examined. Q. Did Martin leave about half-past ten? A. Yes—I do not remember his mother coming and his going home with her—he was not taken into custody at my house—I think he was there on the Monday, and I believe on the Tuesday also—he was living in the neighbourhood, and always about the place—he was not assisting in cleaning the pots on Monday or Tuesday, he was there as a customer—I saw him on Sunday and Monday—I do not recollect that I saw him on Tuesday—I will not swear he was not there, he might have been—I do not know that he was apprehended there on the Wednesday—I did not hear my wife tell him that the policeman wanted him.
THOMAS NAGLE . I resided at Great Peter-street, Westminster, at this time. I know the prisoners—on Saturday night, 8th July, I was at the George and Ball, in company with the prosecutor about an hour—I went out about the
minutes to twelve, and saw Martin standing alone at the left of the door, leaning on a post—he could see the persons that came out.
Cross-examined. Q. What are you? A. I have been employed for the last fortnight in delivering circulars for the Railway Insurance Company in Old Broad-street—I now live at 10, Isaac-place, Thomas-town—I was out of employment at the time in question—I said that I had seen Martin, two days previous to his being taken—I mentioned it, I think, to Mr. David Henessey—I do not think I mentioned it to Mrs. Henessey—I will not swear I did not, I might have done so—I do not recollect that she said, "If you say that you say what is untrue"—I swear I have no recollection of her saying so—such a thing might have happened without my recollecting it—Martin was smoking a pipe or cigar when I saw him—he wore a blouse, as he does now—he generally wears a blouse—he wore a coloured handkerchief and a cap—he generally wears a cap—I cannot say what colour it was, it had no peak—I cannot recollect having any conversation with the policeman about this—I had been out of employment four or five months—I lived then on the money I had saved from my previous employment, delivering newspapers and books—I was once charged here with having received stolen articles—I was acquitted—that is the only time I have been before a Magistrate.
MR. PARRY. Q. Did you know Martin? A. Yes—I have seen him fre-quently at the George and Ball—I cannot be mistaken about him—I think I have seen him there day after day—I knew him two months previously—I had seen him before on the afternoon of that day, and again between nine and ten—he was dressed the same at twelve as he had been before—I have not the slightest doubt he is the man.
MARK LOOME (policeman, B 11). I received information, in consequence of which I took the prisoners and another man into custody on Wednesday afternoon—I took them to the Hospital, where Henessey was in bed—Steele held out his hand, and Henessey held out his, and shook bands—Henessey asked him why he knocked him about on Saturday night, and said, "When I was getting up you struck me again a second time"—Steele said he was not in Westminster until after one o'clock—I told him I saw him and three other men at the corner of Dean-street at twenty minutes to twelve (I had done so, Martin was with him)—that is 170 yards from where Henessey was robbed-Steele did not say anything—the prosecutor said, "When I was getting the better of you, Steele struck me again"—Martin then said he was, in bed at ten that night—I told Martin that I saw him in company with Steele and two other men at ten minutes before twelve, and I spoke to Martin, knowing him to be a suspected character, that I would not have him hanging about the street.
Steele. Q. Did you see me that night? A. Yes, twice—I did not speak to you then, because you had done nothing—I measured the distance after this occurrence—I have not said that I did so the night before—I did not have any information from the prosecutor till the Wednesday morning.
Cross-examined. Q. Where did you take Martin? A. In Strutton Ground, in the street—I had seen him at the George and Ball in the course of the day, and on the Monday and Tuesday—I suspected him then, but I was not satisfied, I wanted more information—I did not say anything to him—I knew I could find him—I first heard of the robbery on Sunday morning—I went to the prosecutor that morning, but he was not able to speak till the Wednesday morning, in consequence of the injuries he had received—I was coming up Dean-street on the Wednesday night about twenty minutes to twelve, when I saw the prisoners—I looked at my watch—I spoke to Martin—I am sure
it was not on the Monday after, or the Thursday or Friday before—my attention was called to the robbery next morning, and then I recollected having seen them the night before.
WILLIAM REED (policeman, B 111). I know the prisoners—on Saturday night, 8th July, I was on duty, and at five minutes past twelve o'clock can down to the corner of Princes-street, Broad Sanctuary, Westminster, and saw the prisoners and another person—Steele was standing at a distance from Martin and the third person—they all joined company, and walked on toward where Mr. Henessey was knocked down—I went up Dean-street and back again, and then at about a quarter-past twelve, went into the Broad Sanctuary, and saw some persons picking up the prosecutor, and I assisted.
Cross-examined. Q. Did you see any women with the men? A, There were several, and a great many men.
MR. PAYNE to MARK LOOME. Q. Do you know Mary Gibson? A. Yes—this matter happened on the morning of 9th July—I did not meet Gibson that morning with her husband—I swear I did not say, "Gibson, make her tell me who has done this robbery"—I believe I saw her on 12th or 13th, after the prisoners were apprehended, but I did not say anything of that sort to her or her husband.
MR. PARRY proposing to read the statements made by the prisoners before the Magistrate, MR. PAYNE suggested that proof should be given of the Magistrate's signature, upon which MR. JUSTICE ERLE said, "The recent statute was ex-pressly intended to prevent this inquiry; if the statement purports to be signed by the Magistrate, and has been transmitted to the Judge, it may then be read without further proof; I am to take judicial notice whether it has been trans-mitted to the Judge, and if the officer of the Court hands it to me, and it purports to be signed by the Magistrate, all is done that is necessary,"
The statements were then read as follows:—"Steele says: I am quite innocent; I was not seen during that night there; I was not in Westminster at all; I knew nothing of it till about half an hour before I was taken." Martin says: 'I know nothing of it, no further than I am innocent of it; there was a female who said she put a cloth round his head, and she knew the parties who did it, and they were dressed exactly like us, but she would sooner suffer imprisonment than tell who they are.'"
Steele's Defence, On the Monday morning I saw Mary Gibson standing at the public-house with a quart pot in her hand and crying; I asked what she was crying about; she said she and her husband had met Loome, and he said to her husband, "Make her tell me who it is that has done this robbery;" she did not tell who it was, and he had been coming constantly to her place ever since I have been here, and she has moved from Orchard-street to Castle-street; she told a female who I cohabit with, that she knew the men that knocked the man down and robbed him, that she saw him knocked down, and saw the three men run away, and she went up and wiped his head; she said I was quite innocent, and should not suffer for it, but they have both refused to come up.
MARY MARTIN . I am the mother of John Martin, the prisoner. On the night of this robbery I was coming down Dean-street, and saw my son going along by the George and Ball about ten o'clock, or a little after—he went and sat on the step of a door—I asked him to come home with me, or he would be locked out—he came straight along with me up-stairs, and never went out again—we occupy the first-floor—there was a string in the door, and I opened it, and the landlady's son was sitting at the table, and we went up-stairs together—he would have an opportunity of seeing us—when we got up-stairs
I lighted a candle, and he sat down and shelled a pint of peas, and then he went to bed with my child, who is five years' old—he did not go out again till next day, between ten and eleven—the landlady keeps the key of the street-door—I hate subpœnaed the landlady and boy here—I served them with it—I got it from Mr. Clark's office, and gave 3s. 6d. for it—(William Butman and----Butman were called upon their subpoena, but did not appear)—I am quite sure this was on the Saturday night before the robbery was committed.
STEELE— GUILTY . Aged 25.
MARTIN— GUILTY . Aged 18
Transported for Twenty Years.
MR. PLATT conducted the Prosecution.
MARY ANN JARMAN . I am headnurse at University Hospital. On 5th June, Peter White was brought there—he was regularly attended by the medical officers—on 30th June, the day before he died, he said he was fearful he should not get over it—I told him he would not, and asked if he felt happy—he said, "Middling"—I said, "You are well aware you are near your end"—he said, "Yes"—I asked him if he would like to see the doctor—he said he should like to recover, but he thought he should die—I asked if he would like to see the chaplain—he said he should—I asked that, because he was a Catholic—it was my duty to call his attention to the fact that he was dying—I believe he had the apprehension of death soon coming on him—I asked him how the wound occurred—he said his wife had done it—I asked how she came to do it—he said, God knew, for he had not told her to do it, and the devil must; that she was tipsy, and be put her to bed and left her for a short time, then returned, and she was up and dressed; he asked what she did up; the reply was, that she was going out; he begged ber not to do so, and went across the room to get a lucifer; she shut the door, and he wished her not to do so, when she came across to him, which was customary with her, and caressed him: his reply was then, "You rogue, you have cut my throat," and he felt blood from his throat.
JURY. Q. Did he see the Chaplain? A. Yes, on the Sunday morning—he died that day, a little after two o'clock.
Prisoner. He told an untruth at his dying hour.
(The following statement of the deceased was here read:—"On the morning of that day my wife got up about seven o'clock. She came home about twelve with 7s. 6d. in her pocket. She said he had not spent the money, and I must come out, and have a glass of gin. She was very pleasing, but I did not want to go out, and I told her to go for it, and she brought a quartern of gin. We drank the gin between us, and a pint and a half of beer. Then she went out by herself and returned about six o'clock; her son brought her home, beastly drunk. I undressed her and put her into the bed. I never said one word to her. I went out then, and on my return she was up and dressed. I said, 'What induced you to get out of bed?' She said, 'You'll soon know that.' Then she said she had pawned the clock. I said, 'It's no matter,' and then went to look for a light, and while I was feeling for a lucifer, she got her arm round my forehead, and said, 'Let me have a kiss,' or 'I'll kiss you,' or words like them, and with that she cut my throat: and those are the last words I spoke except I screamed out that my throat was cut, that I did; they came immediately. I had had nothing to drink from twelve o'clock. For the last fourteen years we lived together unhappily. I had her at Clerkenwell
for threatening to cut my throat.—PETER WHITE."—"Sworn before me, J. HARDWICK.")
CHARLOTTE TUCKER . I am single, and live at 13, Hertford-street, Fitzroy-square. Peter White lodged in the front parlour. On the night of the 5th June, I was in my room, close by the prisoner's room, and heard screams of "Murder!" and breaking of glass—I went down, and heard Peter White say, "For God's sake make haste, for my wife has cut my throat"—I tried to open the door—it was locked—I went for the police—I had seen the prisoner and him drinking together about six o'clock—she seemed quite tipsy—they lived very quarrelsome—I have seen her strike him several times—he was about fifty-four years of age, and was in good health.
WILLIAM GOLDEN (police-constable, E 85). On this night, about half-past nine o'clock, I heard cries of "Murder!" and "Police!" at 15, Hertford-street—the door was fastened, and I got in at the parlour window, and found the prisoner and the deceased—it was dark—he said, "My wife has cut my throat," pointing to the prisoner—she said, "My husband has struck me three times, and then he got a razor to cut my throat; I wrenched it from his hand, and drawed it across his throat"—I took him to the hospital.
GEORGE WILBY (police-constable, E 77). I was with Golden—I got a light, and saw Peter White and the prisoner in the room—he was standing up, bleeding profusely from a wound in the throat—he said, "My wife has cut my throat"—she said, "He has been beating me; he took a razor to cut my throat; I wrenched it from him, and drawed it across his"—I searched and found this knife (produced) on a shelf near where they stood—the blade was smeared with blood, quite fresh—there were marks of blood on the shelf—I took the prisoner—I saw the body at the hospital; it was that of the man I saw at Hertford-street.
Prisoner. My husband must have put the knife there; it was a razor; the knife was clean; I do not know in what way I done it. Witness. There is blood on the knife now—I found a razor at the farther corner of the room—there was no blood on it.
HENRY SEARLE GAYE . I am house-surgeon at University Hospital. On 5th June, about half-past nine o'clock, the deceased was brought there in a state of extreme collapse, bleeding from a gaping wound in the throat, about two and a half inches long, an inch deep, and about half an inch wide—it was about two inches from the chin, extending obliquely across the throat, from the left side to the right—this knife is a likely instrument to have inflicted it—he lingered till 1st July, and then died—the immediate cause of death was inflammation of the lungs—the wound in the throat would affect the lungs by the purulent matter from the wound—it is a peculiar kind of inflammation, which is likely to follow injuries and surgical operations—it is accompanied by the formation of small abscesses on the lungs—it is the ordinary result of a wound.
Prisoner's Defence. I have been severely ill-used; every finger of my hand is bruised; he committed a robbery at Brook-street, Hanover-square, and I saw him with forty guineas; and there was another robbery I never told about; he was always beating me; he cohabited with Mrs. Jones; he accused me of a bad crime with a man named Cox; he said I was going to tell about the murder of the police at Dublin; he said he would accuse me of killing my husband in France; I had him up for ill-treating me, and all the Jury signed a petition for me.
GUILTY. Aged 54.—Recommended to mercy by the Jury. — Transported for Ten Years.
NEW COURT.—Thursday, August 23rd, 1849.
PRESENT.—Mr. Ald. COPELAND; Mr. RECORDER; and Mr. Ald. MUSGROVE.
Before Mr. Recorder and the Sixth Jury.
GUILTY. Aged 20.— Judgment Respited.
MR. BALLANTINE conducted the Prosecution.
THOMAS GLOVER . I am a jeweller, of 36, St. John's-street, in the parish of St. Matthew, Bethnal-green. On 11th June, about eight o'clock in the morning, I left my shop secure, and went out—I returned about eight in the evening, and found the lock and bolts broken—I missed jewellery to the amount of 4l.
EDWARD RANSOM . I lodge at Mr. Glover's. I was there on 11th June, about four o'clock in the afternoon—I was in the room over the parlour, and heard a noise—I went down and found the parlour door locked—I went round to the shop door, it gave way when I pushed it—I went into the street and saw John Ponton, who was convicted last session, come out of the shop—I collared him; while holding him, the prisoner came out of the shop into the passage, and then into the street; he walked a little way and then ran—Ponton took several articles of jewellery from his pocket and threw them on the ground.
Cross-examined by MR. HORRT. Q. Is there a sidedoor from the pas-sage to the shop? A. Yes; I saw his face—I was taken to see him five weeks afterwards at Worship-street Police Court, and saw him coming from the Featherstone-street station with the policeman.
HECTOR CARKETT . I am a porter in Spitalfields-market, and live two doors from Mr. Glover's. On 11th June, about twenty minutes to five o'clock, I was in St. John-street, and saw Ronson holding a man opposite Mr. Glover's—I saw the prisoner come out of the shop—I went after him, he escaped.
Cross-examined. Q. Was not your attention first called to him by Ransom calling out? A. Yes; I did not see his face then, but he turned round twice—I was fifteen or twenty yards from him—I did not see him again for six weeks.
LOUISA RICHARDS . I am single, and live at 39, St. John-street, Bethnal-green. On 11th June, about half-past three o'clock, I saw two men coming from Mr. Glover's—the prisoner is one—I saw them again afterwards, about twenty minutes past four, under my window.
Cross-examined. Q. You had never seen the prisoner before? A. No.
Cross-examined. Q. I believe you took him coming out of Newgate from seeing a female friend? A. Yes.
GUILTY .** Aged 35.— Transported for Seven Years.
JANE WOODWARD . My husband's name is William—we live at Norwood, in Ruislip parish. On 5th July, about half-past seven, or a quarter to eight o'clock in the morning, I left my house secure, giving the key to a neighbour—I returned about half-past eight, or a quarter to nine, and found things littered about the bed-room, and the fastening out of the window, which was open—I missed several articles of wearing-apparel—they are my husband's—I have not recovered a quarter of them.
HANNAH GURNEY . I keep a beer-shop, at Rickmansworth. On 8th July, about five o'clock in the afternoon, the prisoner came and offered a shawl for sale, and other articles—I gave him 1s. for the shawl, and said if it belonged to his wife, or any one belonging to him, if he gave me the 1s., I would return it—this is it (produced)—I gave it to the policeman.
GEORGE TURNER , I belong to the Hertfordshire rural police. It is three miles from Norwood to the public-house—I found the prisoner about two miles from Great Berkhampstead, in a wheat field—I was the other side of the hedge, and overheard him say to his sister, "Don't you think the policeman wants me for something?"—she said, no, she did not think I did—she had heard me say I did not—I had no warrant against him—he said, "I was afraid he wanted me for that Norwood affair"—I got over the hedge, and took him—I told him the charge—he said, "It is all over with me now; I shan't come here any more."
Prisoner. Q. How far were you from me? A. About three yards.
Prisoner's Defence. I found the things by the side of the road; I was afterwards told the house had been broken into.
GUILTY . Aged 28,— Transported for Seven Years.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
MICHAEL HAYDON (City policeman, 21) On Thursday, 26th July, I was in Holborn on duty, in plain clothes, with Funnell, about half-past three o'clock in the afternoon—there had been a storm from half-past one to three, and it was raining slightly then—we met the prisoner coming towards the City, with a bag on his shoulder—I asked what he had got—he said, "Some trowsering stuff"—I said, "Where did you get it?"—he said, "I bought it of a man I do not know, in Oxford-street"—I asked when—he said, "About an hour ago," and he should know him if he saw him; that he bought and measured it in the open street, and found forty-four yards of it—I asked what he gave for it—he said he should decline answering any more questions—I said his account was not satisfactory, and I should take him—he said, "I will go with you"—going down Holborn, he said, "Can I speak to you?—I said, "Yes; what is it?"—he said, "Who is this man with you? "nodding—I said, "He is one of our men, his name is Funnell"—he said, "Can you make him right? a few pounds shall not be wanting to make him right,
and a few pounds for yourself as well; you are not obliged to take me down; you can let this pass if you like"—I rejected his offer—we got to Field lane—he wanted to go down there to see his wife—I refused to let him—he shouted out to a man to go and tell his wife he was going to be locked up—I said to Funnell, "Take him to the station, and give me the bag; I will go to the house, and be there as soon as his messenger"—as he gave me the bag I loosened my hold, and the prisoner started off as hard as he could—I left Funnell in pursuit, and went to the house.
EDWARD FUNNELL (City-policeman, 32). I was with Haydon, and saw the prisoner with the bag—Haydon took him, and I carried the bag—at the end of Field-lane, he called out to a man to go and tell his wife—Haydon told me to take him to the station—he ran away, I ran after him, and overtook him in Farringdon-street—he struck me a tremendous blow, and knocked an umbrella into my eye—I thought I had lost my eye—I collared him—he shouted out to two men "Come here," but I knew them both, and they did not come—I took him to the station.
JAMES HARVEY . I am in partnership with Joseph Bartrum and another, at 73, 74, and 75, Holborn-hill. On 27th July, a pattern of doeskin was shown me—I examined my stock, and missed a piece precisely like it, containing forty-three or forty-four yards; a piece generally measures from forty to forty-five yards—I know it was safe ten or twelve days before, on a pile near the door—I have not the least doubt this is it—the fag end where the mark was, is cut or torn off—we have not sold a whole piece of this pattern—we only have three pieces; they come from Mallinson, of Huddersfield—we bought it of Pritchard, his agent—there would be no mark on it but the manufacturer's.
Cross-examined by MR. CLARKSON. Q. How many young men have you? A. Twenty-three or twenty-four—I never-saw but these three pieces exactly like this—it is made in large quantities—I have not the least doubt it is ours, but should not like to swear it—I bought all the agent had, when he came to London—I can positively state I saw it on 30th June.
THOMAS PRITCHARD . I am London agent to Mr. Mallinson, manufacturer of doeskin, of Huddersfield—I deal with Bartrum and Harvey—in March last I sold them twelve pieces of doeskin—there were three pieces of this pattern—I have sold that pattern to no one else—I have had none since.
Cross-examined. Q. Have you seen Mr. Mallinson within the last few weeks? A. About a month ago; as far as I know this is all that came to London—it could be purchased without the means of an agent—London houses visit the Huddersfield market.
MR. CLARKSON called the following witnesses:
JUDAH SOLOMANS . I am a clothier, of 26, Broad-street, Bloomsbury-street. On 26th July, a painter was graining a portion of my shop—a person, who I never saw before, came in with some slate-coloured tweed for sale—it had three blue stripes, and a selvage exactly like this produced—he said he had forty-five yards—I did not buy it—I was looking at it about five minutes—he asked me 2s. 6d. per yard—I offered him 2s.—he would not take it, and left—it was worth 2s. or 2s. 3d. as a job.
COURT. Q. You are quite positive of the day? A. Yes; it was a very wet day—I think it rained nearly all day—the cloth was dry.
Cross-examined by MR. RYLAND. Q. Do you often buy of strangers? A. they look respectable—it was on Thursday, between one and two
o'clock—I can fix the time, because my man had returned from his dinner—it was a steady day's rain nearly all day up to the middle of the day, up to five o'clock—the man did not come in a cab—I do not remember whether the man had an umbrella—the cloth was in a dark bag—I do not remember whether it was blue or black merino—I do not know whether it was wet—I did not look at it—the cloth was taken out—I handled the cloth to ascertain that it was dry—it was a bundle that a man could carry under his arm—it was lying on the counter when I was first called.
MR. HUDDLESTON. Q. Had you any occasion to examine the bag? A. No; I was applied to to come here on Saturday; a friend of Mr. Simmons sent me a subpoena—I have known him ten or twelve years—I heard he was in trouble about a fortnight ago—I did not attend before the Magi-strate—I have not seen the man since who brought the cloth—he was a respectable-looking man, in a dark frock coat—I have dealt with the prisoner for ready-made clothes.
COURT. Q. Do you know where he lived? A. Somewhere in Holborn; I do not know the house exactly—I mentioned this transaction about a fort-night ago, to some friends of his—Mr. Jones was one person; he lives at the Clothes Exchange—I did not intimate to the prisoner that I could give this information—I had my own business to attend to—I do not recollect who else I mentioned it to—it is a month ago.
JAMES DEVEREUX . I am a painter, of 24, Little Queen-street, Lincoln's-inn-fields. On 26th July, I was painting Mr. Solomon's shop—it was on Thursday, the wet day, when there was such a storm—a person came and offered some tweed for sale—I was graining the counter-front, and told him to take it off there, as the paint was wet—the mahogany front had been stained and oiled, and would have marked it.
COURT. Q. He did not put it down there? A. No—it was a little after one o'clock; I go to dinner at twelve—he took the cloth out of the bag, and tossed it on the floor, I expect—I do not know, whether it was unrolled—I heard money bid.
Moses Davis, of 90, Houndsditch, draper; William Wright, of Victoria-grove, clothier; William Merritt, of Holborn-hill, victualler; Charles Marks, of 37, Alfred-place, Bedford-square, upholsterer; Thomas Fillby, wheelwright, of Long Acre; James Gardner, of Wood-street, Spitalfields, hat-manufacturer; Henry Woodroffe, of Carlisle-street, Portman-market, hatter; Frederick Bullock, of 30, Cutler-street, Houndsditch, clothier; and Elias Moss, coal and potato warehouseman, of Middlesex-street, gave the prisoner a good character.
GUILTY of receiving. Aged 31.— Transported for Ten Years. Several officers afterwards deposed to his having been the associate of thieves for years.
EDMUND WALLER . I reside in Wimpole-street. On Saturday night, 30th June, I was going home from the theatre, between eleven and twelve o'clock—at the corner of Oxford-street and Langham-place a woman accosted me, and walked towards Langham Church with me—I stopped there for a moment, and two men rushed round the corner, and said, "Have you seen a little dog? I would not have lost him for five" something, I believe pounds or guineas—they did not come near me—I retired, and the woman went immediately with the men—I missed my watch, it had been suspended to a
chain—the handle was left on the chain—this is my watch, I gave fifty-eight guineas for it.
Cross-examined by MR. HUDDLESTON. Q. That was a good many years ago? A. It might be ten or twelve years—it was perfectly safe when I came from the theatre—I do not recollect that I looked at it—the chain was most certainly there till near the time that I lost the watch—I should have missed it if the chain had been hanging down as it was afterwards—the watch was in my waistcoat pocket—I do not exactly recollect whether the chain was outside or inside my clothes—I had been at the Haymarket Theatre—I do not recollect whether there was a large audience—I think I came out a minute or two before the other people, to avoid the crowd.
Cross-examined by MR. CHARNOCK. Q. You cannot say whether you lost the watch in the theatre, or where? A. I certainly had it after I left the theatre—I do not know that I saw it, but I think I could swear it.
JOHN JENKINSON (police-sergeant G 53). I was on duty in the City-road, in plain clothes, on Sunday afternoon, 1st July, with Evans, another officer—I saw the prisoners walking towards the City, talking together—I had not any knowledge of the loss of a watch, but for a reason I had I stopped them—after watching them for some distance I took hold of Hicks, and Evans took Elliott, who commenced struggling violently, and kicking, and doing all be could to get away—while he was so engaged, I distinctly saw him put his hand into his right-hand trowsers pocket and withdraw it—he then raised his arm, made a motion, and I saw something leave his hand—it struck against a wall, and as it fell I saw it was this watch, the glass broke, and I saw the pieces on the ground—I made a motion towards it—a man picked it up, and handed it over to me—I asked Hicks if he knew anything about it, he said, "No."
THOMAS EVANS (policeman, G 145). I was with Jenkins, in plain clothes—I seized Elliott, he fought and struggled very much—I saw him put his hand into his pocket, and throw something away—I saw it picked up and given to Jenkins—I took Elliott to the station, and asked him where he got it—he said a man had given it him just before, and that we must have seen the man and had watched them—I bad not seen any other men but the prisoners.
ELLIOTT— GUILTY on 2nd Count. Aged 24.— Confined One Year.
HICKS— NOT GUILTY .
THIRD COURT.—Thursday, Aug. 23rd, 1849.
PRESENT—Mr. Ald. COPELAND; Mr. Ald. WM. HUNTER; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Sixeth Jury.
1562. PETER EDMUND BROWN was indicted for embezzling 16s. 1d.; the moneys of Stephen Lewis and another, his masters: to which he pleaded GUILTY , and received a good character. Aged 23.— Confined Four Months.
EMMA SUSAN WILSON . I am the wife of Major George Wilson, a portrait-painter, of 38, Minories. On 9th July, between two and three o'clock, the prisoner was employed to put up a bedstead in a room near my bedroom, the door of which was open—he went away about five, and a few minutes after I went into my room, and missed from a box on the drawers, which was not locked, a bracelet, a brooch, a gold ring, a pair of earrings and a small
pocket-book—I had seen them safe about an hour before, while he was there—I pave information, and about half an hour after, I saw the prisoner, and told him he had stolen my things, and asked him why he did it—he gave me some of them back—he appeared tipsy—I afterwards saw the pocket-book taken from an area—this is it (produced)—these things are all mine, and what were on the drawers.
Cross-examined by MR. PAYNE. Q. He gave you back part of the things? A. All but some he had raised 3s. upon, which he offered me, and I would not have it—he was not employed by me, but by a lodger in the house.
GEORGE THOMPSON . I am in the employ of Mr. Barnes, a pawnbroker. On 9th July, in the afternoon, the prisoner offered me a pair of earrings, a brooch, and a ring in pledge—none of these are them—I advanced him 3s.
GUILTY . Aged 23.— Confined Six Months.
JOHN HILL . I am a watch-finisher, of 106, Britannia-street, City-road—it is my dwelling-house—the prisoner was in my employ. On 11th May, about noon, I left him in the workshop up-stairs, and went down to dinner—in five or six minutes I heard him come down and go straight out—I went back to the shop, and immediately missed four watch-movements from the board, worth about 12l., and which I had seen safe five or six minutes before—I left no one but the prisoner there—he never came back—he had not done his work for the day—I did not see him again for two months, when he was in custody.
MR. HILL re-examined. This watch-movement last produced, is mine, and part of the property I lost.
Prisoner's Defence. I left, to obtain better employment; the street-door was very often left open; any one could walk in and take them; there was a lodger in the house named Bannister, who Mr. Hill told me he thought was a bad character.
GUILTY . Aged 25.— Confined Twelve Months.
WILLIAM JENNINGS . I am a labourer. On 11th July, about ten o'clock at night, I was in the Green-park, near Piccadilly, and saw a man among the sheep, ten or twelve yards from me—his back was towards me—I went near to him, and saw him jump at a lamb and struggle with it—he appeared working his arms about—I went towards him—he got up and went away—I saw him take off his hat and wipe his hands—I afterwards saw the lamb he had been struggling with, lying down bleeding from the throat—I do not believe it was alive—I followed him to the corner of the Park, near Burton-street, where he got over the gate—I climbed over also, and followed him into Bond-street, where I saw a policeman, and gave him into custody—I had not lost sight of him.
WILLIAM ROUNING (policeman, C 66). I was on, duty in Bond-street. About half-past ten o'clock Jennings came and pointed out the prisoner—I took him, and asked him why he killed the lamb—he denied knowing anything about it—I asked him if he had a knife—he said he had not—I took him to the station, and went with Jennings to the Park—he pointed out the place where the lamb was—the head was very near cut off—it was quite dead—I searched the prisoner, and found this knife in his hat (produced)—there it blood upon it.
DANIEL HARRINGTON . I am shepherd of the Green-park. On the evening of 11th July I was in the Park—there were then five lambs and twenty sheep safe—they were under my charge—the next morning I went to the station and found the carcass of a lamb with the throat cut—it was one of those that were safe the night before, and belonged to John Mason, of Chelsea.
GUILTY on 2nd Count. ** Aged 40.— Confined Eighteen Months.
MR. ROBINSON conducted the Prosecution.
GEORGE ALEXANDER OSBORNE . I am a bonnet-shape manufacturer at 1, Somerset-place, Hoxton—the prisoner has been my foreman some time—I placed great confidence in him—he had the whole range of the house, and gave out the different articles to the work-people—I had paper on my premises of the same kind as this (produced)—he could have access to it—it was kept in the shop he worked in—I used more of it than I could account for—no one else has had the giving of it out but him for the last three months—he had no right to have paper of mine of that description at his house—I firmly believe this to be mine—there is no mark upon it—it is such as I had on my premises—on 10th July I went with Morrell and Zinzan to the prisoner's house—Morrell said, "I have come to search for a quantity of property belonging to Mr. Osborne"—the prisoner said, "I am innocent; I know nothing about it"—we searched two back rooms, one on the first and one on the second-floor—he said they were the only rooms he had—we found these sixteen sheets of pink, and these twenty-two sheets of blue tissuepaper, worth about 1s. 6d.
Cross-examined by MR. PAYNE. Q. What time was it? A. About twelve o'clock at night—I believe he was in bed—pink paper is used by his wife in making up work for our house—she had no work out then—she ought to bring the paper back again—I have about 100 people in my employment—we found it in a box—I do not know in which room.
MR. ROBINSON. Q. His wife had no work out at the time? A. Not requiring pink paper—she has not required blue during the whole time she has worked for me—the largest amount of paper she would have at one time would be eight sheets—to do the things properly she must use all the paper given out—when the work is brought back we can tell how much paper has been used.
WILLIAM MORRELL (policeman, N 135). I went with Zinzan, and told the prisoner I was going to take him for being concerned with others in robbing Mr. Osborne, and I must search his place—he said he knew nothing about it, he was innocent—I found this paper in a cupboard down-stairs—I asked him how many rooms he had—he said two—I afterwards went there when he was in custody, and bis wife showed me into a third room—I was not in search of paper in particular, but for property of Mr. Osborne's.
(The prisoner received a good character).
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
GEORGE ALEXANDER OSBORNE . I have missed a great quantity of buckram; the prisoner had access to it—there was an order that he should only give work out between six and eight o'clock in the evening—he was ordered particularly not to give any out before I came down in the morning; that was at eight o'clock—on 29th June, two persons named Smith and Newsom were working on the premises, from whom I received some information—the prisoner's place was searched on 12th July for this property among other—I give out, perhaps, 200 pieces of buckram in a week.
ROBERT SMITH . I am a painter. On 29th June, I and my man Newsom were painting Mr. Osborne's premises—I got there that morning, about half-past six o'clock—a few minutes past seven I saw the prisoner go into the warehouse, and a few minutes afterwards a man came across from the opposite side, and went in also, in a very suspicious way, as I thought; instead of going straight up the steps, he went past, and turned round and came back again—I cannot say whether he was opposite when the prisoner went in—there were two boys on the other side; one of them crossed over, and I saw the man come out and give him three or four pieces of buckram in a bag—the boy walked off—the second boy then came across, and had some in the same way—the bags were big enough to hold a dozen pieces—I swear it was buck-ram, the ends were outside—it was a sort of light colour, not quite white-there were three or four pieces in each bag—the bags were white calico or linen—the man afterwards came out, and followed the boys—I did not see the prisoner come out—I gave information to the prosecutor's mother the same day.
Cross-examined. Q. Have you since seen the man who came out? A. Yes; I have pointed him out—I am quite sure it was the 29th and not 30th, because I was not engaged there on 30th—I was standing close to the shutters when I saw it—my man was there; I called his attention to it—I was taken into custody once concerning some things stolen from Messrs. Champions', the distillers, where I was at work—I was let go, and rewarded—after I was examined against the other prisoners, they were acquitted.
MR. ROBINSON. Q. Were you in prison a week? A. Yes; some of the men at work at Messrs. Champions' had been robbing them of cuttings, and their own men robbed them of pickles and other things—I was at work there at the time, and was taken—I was discharged by the Magistrate, and the prose-cutors gave my father 20l. as a compensation; I was then eighteen years old. ROBERT NEWSOM. I was at work at Mr. Osborne's; at a little after seven o'clock I saw a man go into the shop; the prisoner came out immediately, looked up and down the street, went in again, and I then saw him talking to the man—the man then came out with two bags of buckram, and beckoned a boy who was at the corner—he came and fetched them away—he gave both bags to one boy—when the boy got to the corner, another boy took one bag—Mr. Smith said to me, "Do you think that is right?"—I said, "That is no business of mine," and did not stop them.
MR. OSBORNE re-examined. I had such buckram as that described—if we prisoner gave any out, he ought to book it—if he did so, there will be no difficulty in explaining it.
Cross-examined. Q. Have you kept the book? A. He could have bad it if he had applied for it—he said nothing when he was taken about having booked it—this is the book (produced)—there is no entry on that date.
Prisoner. That is not the book. Witness. We have two entry-books—it was his duty to enter it either in this or the other—one is for goods given out for work, and the other for goods sold—this is the book for goods sold.
NOT GUILTY .
MR. PRENDERGAST conducted the Prosecution.
GEORGE ALEXANDER OSBORNE . In consequence of missing a large quantity of bonnet crowns and buckram on 10th July, I gave Swaine 20s., and gave him directions, under the direction of the police—in the evening he produced eighteen dozen bonnet crowns to me, some of which I swear to being my own manufacture; and I firmly believe the whole were mine—the others were made at Paisley, and sent to me, and they were such as I had on my premises—Swaine produced a bill to me—I went that evening with Swaine, Morrell, and Zinzan, to the prisoner's house—he keeps a beer and chandler's shop in Nelson-street, Shoreditch Church—Morrell went in first—Morrell beckoned me, and then I went in, leaving Swaine and Zinzan outside—I heard Morrell say to Attle, "Have you sold any crowns to-day"—he said, "None"—Morrell then said, "Do you know Swaine?"—Swaine came forward, and he said, "No, I do not"—Swaine said, "You know that, then? "and produced a bill—Attle made no answer—Morrell then said, "I am a police-officer; you have a quantity of property belonging to Mr. Osborne; I must search your place," and proceeded to the back room—he did not make any objection—they looked in the drawers, and Morrell called my attention to eighty-four dozen bonnet crowns—I picked out twenty-eight dozen of them, which I am quite certain are mine, and I firmly believe the greater part of the rest are; they have the same marks as mine, and I have property exactly of that description—Attle was asked where he bought them; he said, "Of Bourne"—he was asked what he gave for them; he said, "Eight shillings a gross"—I said, "What! give eight shillings, and sell them for seven shillings?" he said nothing to that—as I was passing out, I saw Bourne sitting in the shop; that is on the same floor as the room where we band the things—I do not know whether he heard what was said—the wenty-eight dozen are made according to my own blocks; there is no mark on them of their having been sold—we run a red tape through them with a packing-needle when they are sold—if they are sold, they have the mark of the packing-needle—I have never sold any to the prisoner or Bourne.
Cross-examined by MR. BALLANTINE. Q. What was Swaine in your establishment? A. He made crowns; four or five others also did so; they are made of buckram; it is given to them for that purpose—they work on their own premises—there is no mark made on the bonnets when they come back made up—they are signed for in a book; that book would show if they had been returned or not—I send out some hundred pieces of buckram in the course of a week; that will make a great number of bonnet shapes—Swaine worked at that—they all have either a number or a letter on them—each shape-maker has a particular number; they are put in before the bonnets are brought home—none of the makers are here except Swaine that I know of—I set Swaine to work in consequence of his own voluntary information, and my own suspicions—I gave him the money under the direction of the police—Bourne is charged with taking some of these things—I never knew the prisoner in the bonnet trade; his brother-inlaw has something to do with it—a
willow square is a sheet of willow as it is first produced; it is afterwards turned into bonnets—I do not know Swaine by any other name.
MR. PRENDERGAST. Q. How do you mark the crowns? A. According to the change of the fashion; we form a shape, and mark the front, and then mark the crown in the same manner—I do not mark them—if a country customer sends an order, he sends it for twenty dozen E's or C's, and that marks out the particular size and form of the bonnet wanted—we change the letters and numbers every season—besides being marked E or C, they have no individual number—the marker puts the letter on them before they come into our possession—the book only gives an account of so many E's or C's-we have about twenty different shapes—I do not know any maker in London whose shapes are marked in the same manner as mine—they are all different, and I could tell mine anywhere by these letters—I cannot tell whether the things sent out have come back again; only the maker can do that.
JAMES SWAINE . I am in Mr. Osborne's employ. I received 20s. from him—I went to Bourne; he took me to Attle's, where I bought a gross and a half of crowns—Bourne gave me this bill (produced)—I paid him—either him or Attle made it out—Attle lifted the goods out of a drawer, and I had my choice—I took them to Mr. Osborne—I went again the same night with Mr. Osborne and the police—I heard the policeman say to Attle, "I understand you have some bonnet crowns for sale?"—Attle said he had not—I saw a quantity produced in the back-room—I have seen the twenty-eight dozen found in his possession—there are some among them marked" M, "which I made for Mr. Osborne myself—I am sure they have been returned to him—the rest are of the same description as Mr. Osborne's, and marked in the same way—some of them are Scotch goods—I paid Bourne for what I bought, and I saw him hand the money, or a portion of it, to Attle.
Cross-examined. Q. Have you looked at these twenty-eight dozen? A. Yes; I identify some of them as having my own mark—it is a pattern Mr. Osborne sent me—I may have made 200 or 300 dozen marked" M"—they have very deep tips—I do not keep the blocks—I had the block I made them on of a man named Raymond—he lent it me—he is not a maker—I have raised money on blocks on my own account—I am a master on my own account—I never marked "M "on my own goods—I have made for other masters—I do not recollect that I ever marked" M" for them, not for a long lime, if I did at all—I am quite sure I have never made crowns for another master of this pattern—I have never raised money on bonnet crowns to my recollection; I swear I have not within this month—I have sold 500 or 600 gross in the last week, some at 7s., and some at 6s.—I sold Bourne a gross and a half, at 6s., before this occurred—I do not know that Bourne took these crowns, and raised money on them from Attle—I sold some to Bourne, and told him he could have them for 9s.—I did not tell him I had an execution coming in from the County Court—I told him I wanted the money to pay the rent, or he might be well assured I should not sell them at that price—I bought the buckram of Mr. Osborne that I made them of, and lost 1s. 6d. a gross, besides the work—they were sold as a job lot; it was not the general price—I sold two dozen yesterday for 1s.; they were not worth more—I made them on patterns according to the price—I always delivered my work at Mr. Osborne's by my boy—he is not here—I do not know when I sent these with "M" on them—it was not more than six months ago.
MR. PRENDERGAST. Q. Have you sold any to Bourne, or any one else, with "M" on them? A, No; I have never seen others marked as Mr. Osborne's; it is a very peculiar pattern—I have been conversant with the trade from
fourteen to sixteen years—this is not a pattern I have ever used, except in making them for Mr. Osborne.
WILLIAM MORRELL (policeman, N 135). I went with Mr. Osborne, Zinzan, and Swaine, to the prisoner's house, and asked him if he had any crowns for sale—he said, "No"—I told him I understood he had a large quantity for sale—he said he had not—I then told him I was a police-officer, and produced this bill (marked" A"), which Swaine had given me—I asked him if he knew it—he said, no, he had never seen it—I then called in Osborne and Swaine, and asked Swaine if he knew the bill—he said, "Yes; that is the man who gave it me, that I bought the bonnets of"—I then asked if he had sold any to Swaine in company with a man named Bourne—he said, no, he had not—I asked if he had any in his house—he said, "No"—I said I should take him into custody for receiving stolen property, and should search the place—he appeared very much confused—I asked where the bonnet-crowns were—he showed me a drawer, where I found a great quantity—Osborne picked out twenty-eight dozen—I asked him whom he bought them of—he said, "Of a man named Bourne"—Osborne asked what he gave for them—he said 8s.; that I understood to be for a gross—Mr. Osborne said, "How can you sell them for 7s., when you gave 8s. for them?"—I took him, to the station—before I left I saw Bourne in the shop, but had no conversa-tion with him—I produce the twenty-eight selected by Osborne, a quantity produced by Swaine, which he had purchased, and these are what I found myself.
Cross-examined. Q. Did the prisoner offer any difficulty? A. He gave me every facility—the drawers were unlocked—when I asked whether he had any in his house, I cannot say whether he understood me any to sell.
THOMAS ZINZAN (policeman, N 67). I went to the prisoner's house—Morrell asked him if he had any bonnet-crowns for sale—he said, "No"—Morrell then pointed to Swaine, and asked if he knew him—he said, "No"—he told him he was a policeman, and they then went into the back-room—I remained outside—I heard him say in the back-room that he had had them of Bourne.
ELIZABETH OSBORNE . I am the wife of the prosecutor, and assist in the business—these twenty-eight dozen are Swaine's make—I know them by the mark; I intended it for a "M"—I cut the pattern out first, and he makes it—I mark the pattern "M," and he makes his "M" from that—I know them also by the pattern—these "A's" and "B's" are made by another maker—different makers have different numbers—I cannot say whether other makers have the same shapes as us—I never knew of one—I always cut our patterns and mark them—I have compared these with the patterns at home—they fit exactly.
MR. OSBORNE re-examined. These shapes, handed to the policeman by Swaine, are all my make, and they are all goods of the same description as mine—they have not all my mark on them—some of these are from Paisley, and they are marked with a red pencil; mine are marked with black.
MR. BALLANTINE. Q. Do the Paisley ones come up in buckram? A. Yes, and in crowns also—they would get all over London according to where we sold them.
(The prisoner received a good character.)
NOT GUILTY .
GUILTY . Aged 18.— Confined Three Months.
NOT GUILTY .
OLD COURT.—Friday, August 24th, 1849.
PRESENT—Mr. Justice ERLE; Mr. Ald. COPELAND; Sir JOHN PIRIE, Bart., Ald.; Mr. Ald. WILLIAM HUNTER; Mr. Ald. CHALLIS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Third Jury.
1571. JAMES FORSYTH , burglariously breaking and entering the dwelling-house of William Newton, and stealing 4l., 6 quarts of brandy, 11 quarts of aniseed, and other articles, his property; and afterwards burglariously breaking out of the same dwelling-house.
MR. BRIARLY conducted the Prosecution.
ENOCH FROST . I am an iron-turner, of Manchester. On 25th July I was with the prisoner in the tap-room of Mr. Newton, of the Phœnix Tavern, Ratcliff-cross—two men wanted a lodging, the prisoner went out with them to show them where they were to sleep—he came back and went out again—I do not know where he went to—there is a small window between the bar and tap-room—Edward Pope, the waiter, and James Whitehead were there—I went to bed at a little before one o'clock, and got up as the clock was striking six, and came down about five minutes past—I saw the tap-room window open, and a stone bottle with "aniseed" on it on the window—I put it on the form, shut the window, and went into the kitchen to wash myself—Whitehead was there, and said something to me—I went and found the prisoner in the water-closet, and tried to awake him, but could not—I went out.
Prisoner. Q. What time did you go out? A. About a quarter to seven—it was twenty minutes past six when I saw you asleep—no one was about when I came down—I went out at the front door—I found it fastened.
EDWARD POPE . I am waiter at the Phœnix Tavern. On 28th July I saw the prisoner there about half-past twelve o'clock at night, drinking in the tap-room, talking with Frost, Whitehead, and me—he went out, and I saw no more of him—I went to bed about one—the tap-room window was fastened, and everything appeared safe—the door from the bagatelle-room into the back-yard was shut, but it has no fastening—the window could not be opened from outside without breaking the glass—I rose at a quarter to eight, and found in the bar a jug with a quart of brandy in it, a short pipe, such as I have seen the prisoner use, and a lump of bread—I saw the prisoner in the passage—he appeared quite tipsy—he told me some one let him in at a quarter to seven—my master's brother was down before me—I saw two large jars in the next yard—some one must have taken them from the bar, and got outside and lifted them from the window-sill—there were nine bottles of brandy in the yard, seven in a basket and two behind a partition—there are buildings all round the yard—no one could get in—there are a pair of large gates, which were fastened inside.
Prisoner. Q. How many lodgers can be accommodated in the house? A. Six—we are generally nearly full—there was one stranger there that evening—the lodgers were quite sober in the morning.
WILLIAM NEWTON . I keep the Phœnix Tavern—it is in the parish of Stepney. I do not know the prisoner—he was not one of my lodgers, and had no business in the house—after I went to bed at one o'clock, I sent the
waiter to see the house fast—these two stone bottles were in the bar, the brandy was in the tap-room—I rose about half-past eight, was called down, and found the prisoner drunk—I asked him if he had been in all night, he said, no, he had been let in at a quarter to seven—Frost said that he was there at six—I sent for a policeman—the jug of brandy was not there when I went to bed.
Prisoner. Q. Were you up when the lodgers went out? A. No—the bar is open, any one in the house could get in.
JOHN BAXTER . I am Mr. Newton's brother-inlaw. On 26th July I rose about a quarter-past seven o'clock, and saw a jug of brandy and a short pipe on the counter—the prisoner came out of the tap-room, very much intoxi-cated—he stood at the bar a few minutes, and walked out at the front door—he was out about ten minutes—he returned, and was given in charge—I was down before Pope—no one but the prisoner appeared to be in the house down stairs.
THOMAS COOK (policeman, K 174). On Thursday morning, 26th July, I took the prisoner—I found in his hat a small piece of cheese, which fitted some left in the bar, also this glass-cloth, and a small piece of bread—I found a jar in the yard and a small hamper, with nine bottles of brandy in it.
MARY ANN LAKEY . I am servant to Mr. Newton. This basket was safe in the kitchen at twelve o'clock on Wednesday night, and the glass-cloth was on the door of the bar—I was going into the kitchen at half-past eleven that night, and the prisoner stood at the door—I asked what he wanted, he said, "Nothing," and went into the tap-room.
Prisoner. Q. What mark is on the cloth? A. None; but I have used it three months.
Prisoner to EDWARD POPE. Q. Do you remember the first night I came to the house from Wolverton? A. Yes—I think you had a pair of shoes in your hand—I do not recollect the colour of the cloth they were wrapped up in—I do not recollect your having bread and cheese there on the afternoon of the 25th—we have a great many glass-cloths of the same quality.
Prisoner's Defence. I went into the water-closet about half-past twelve o'clock, and being drunk, fell asleep; I should not have gone there if I had any evil design, as it was open to all persons; if I bad intended to remove anything, I could have done it before seven, and I could have taken articles of more value and less bulk; the cheese found on me was the remains of some I had in the afternoon; this cloth was rolled round my new shoes when I came up from Wolverton; if I had been guilty I should not have returned to the house.
NOT GUILTY .
Before Mr. Justice Erle.
GUILTY . Aged 36.— Transported for Twelve Years.
(There were four other indictments against the prisoner.)
(From the evidence of the surgeon, it appeared that the death might have arisen from injuries received in the act of birth, without any improper act of the prisoner's.)
NOT GUILTY .
MR. EDGAR conducted the Prosecution.
MICHAEL M'DONALD . I live at 8, Pleasant-row, Camden-town, and am a labouring man; I am not acquainted with the prisoner. On Monday, the 10th July, I was in High-street, Camden-town, about a quarter to one o'clock in the morning, with M'Grail and Hayes—we were coming from Marylebone—we went to the Black-cap to have half-a-pint of beer to take home—we directly went away with it up to our own place, and the prisoner and M'Grail were standing at the bottom of the court—I asked M'Grail if he was coming to have some of the beer—he said, "Yes, presently"—the prisoner says, "Are you not coming along with me?"—"Well, I don't mind," says he—"But, "says the prisoner," suppose I give you what I promised you"—I took no further notice, but walked on, and just as I turned round, to see if he was coming, M'Grail and the prisoner were fighting—I turned back, laid hold of M'Grail by the collar, and said, "Come on home"—the prisoner ran off, and M'Grail rushed out of my hands, because I made rather stiffer on him, that he should come along—he got a stumble on the kerb-stone of the road—he got up, and gave the prisoner in charge—he was below where M'Grail fell—I picked up the prisoner's hat where M'Grail fell, and brought it over to the bottom of the court, and stood there—I thought the prisoner was gone away—in about two minutes he returned to where I was—I said he had better go, for M'Grail was gone to give him in charge—he then made towards me in a frightful manner—I thought he was going to hit me with his fist, so I got up and put my hand to guard my face, and he struck me with a knife—he then drew back from me, and the blood spouted out through my shirt and jacket on my sleeve—I said, "Oh, I am cut!"—the knife was in his hand pointed at me again—I then gave him in charge.
Cross-examined by MR. BALLANTINE. Q. Where do you work? A. I do not work in any place now—my arm is quite well now—I have not yet applied for work—I was a bricklayer's labourer when this happened, and M'Grail also—he is a lodger of mine, and Hayes also—they are not here—my wife was present, she is outside—she did not see any part of this—several other people were present., I cannot say who they were; they were my countrymen—I am not aware that there were any of the prisoner's friends there—his hat flew off as he was running away—I do not know what he ran away for—we were not drunk—I had a drop taken, but was not at all drunk—I did not hear the prisoner call for the police—it was not me who knocked M'Grail down upon the kerb—his foot just stumbled, and he fell himself—I had hold of him about two minutes before he fell—the prisoner was then standing in the court—his hat was a light one, and came off of itself—he left it behind him, and ran across the road, and I picked it up—he came back in two or three minutes—he did not say whether he had come for his hat or not—I had the hat and he saw it in my hand—if he had asked me for it I should have given it him—I have before said that I saw a knife—after stabbing me he stood back, and the knife was pointed before me in his hand—I did not see it before he struck me—the prisoner's brother has been several times to me, and I have been to him—he came to me first.
MR. EDGAR. Q. Were you acquainted with any of the other persons that were in the neighbourhood that morning? A. Yes—they were not friends of mine—I had not spoken or done anything to the prisoner—I never saw him before in my life—I gave him no provocation in any way.
ARTHUR LYONS (policeman, S 292). On 11th July, about half-past oneo'clock in the morning, I was on duty in High-street, Camden-town, and saw the prisoner at the corner of Duddon-row, with M'Donald and M'Grail, a tin can was being pelted between them to and fro—I went up and asked them what all that was about—they made me no answer—I said I should have no disturbance there, and the three all ran away to the opposite side—I afterwards saw the prosecutor and another man return, and the prisoner went in another direction—I saw the prisoner again about two, or a little after, and about twenty minutes after the prosecutor came to me with his arm stabbed—it was bleeding—I told him to go to a doctor, and I went in pursuit of the prisoner—when he came to me about two, he said he had been and made a complaint against me to the inspector—I said if he was assaulted by any party, he should have called upon me and given them into custody; and if I had refused to do so, he could have made a complaint against me then—I asked him his name and address, and he said the inspector at Kentish-town knew it; he had left it there; that another constable was sent with him, and he was then under his protection.
Cross-examined. Q. Did you know either of the persons before? A. I have seen them before in Camden-town—I only saw three persons at the corner—I swear they did not call out to me in Irish or English—I am an Irishman, but do not understand Irish—I cannot say which of the parties threw the tin thing—it was dark—I swear I saw it thrown twice—I cannot say whether it hit the person it was thrown at—I was not near enough—I cannot tell who picked it up, or who threw it again—the prisoner was not dressed like the others—they were dressed as bricklayers' labourers—I was fifteen or eighteen yards off—I went up to them at once.
MR. EDGAR. Q. Did you see the prosecutor give the prisoner any provo cation? A. No.
WILLIAM LINEY . I am a coffee-house keeper, of 68, High-street, Camden-town. On 10th July, about one o'clock, or a little after, the prisoner came into my shop, and asked me to lend him the stick that I stirred the fire with—I said, "You mean the poker"—he said, "Yes"—I said, "I can't spare that"—he said, "Never mind, this will do as well; "reaching over and taking up a knife from the board—he was going out with it—I said, "Stop a minute, that knife is mine, you shall not take it out"—he said, "Oh, very well, if you will not lend it me, take it, there is an end of it"—he gave it me back—he seemed very much excited, and I should suppose from drink—my shop is about 100 yards from the court where this happened.
Cross-examined. Q. Had you known him previously? A. I had, for four or five years—I think he had a cap on, I do not think he had a hat, I am not sure—he was always a quiet inoffensive man, and a very good character, and it was that surprised me so much to see him in that excited state—I felt a little alarmed, because I had always seen him so comfortable—he is an engine-driver or fireman on the railway.
WILLIAM COOPER (policeman, S 224). On the morning of 10th July, about four o'clock, in consequence of information, I went in search of the prisoner—I found him at his lodging, in bed—I found this knife (produced)—the prisoner's name is on it, there are stains of blood on the blade.
Cross-examined. Q. Where did you find it? A. In his right-hand waist-coat pocket—the waistcoat was on a box in the bedroom—there was ano-ther man sleeping in the room—I am not aware whether it was the prisoner's brother.
about three o'clock, I was in Clarence-road, Camden-town, and saw the prisoner talking to a policeman opposite—he crossed over to me, and said that he had had a row with two Irishmen in High-street, Camden-town, and they had given him a black eye, that he had struck one of them in the face with a can which he had in his possession at the time, and by the force of the blow the handle of the can came off, and if he could catch them out he would be the death of them—he appeared to have been drinking.
GEORGE HENSON . I am a carver and gilder of Camden-town. On the morning of 10th July, about one o'clock, I was passing along High-street, and heard a cry that a man was stabbed; I crossed the road, and saw the prisoner coming in the opposite direction—I went up to the prosecutor, and saw him holding up his arm—he said, "That is the man that stabbed me"—I went with him to the doctor, and afterwards went to the station and gave a description of the prisoner—I afterwards went to the prisoner's with the sergeant.
Cross-examined. Q. Did you see anybody else running away? A. No; not in the road—I am very seldom in a row—I have been in one, that was for assaulting Mr. Liney—I did not know then that he was a friend of the prisoner's; I know it now—I believe he is a special constable—I did no trescue any one from him, or assault him—I did not get six weeks, I had to pay 10s.
HENRY JOB LAWRANCE . I am assistant to a surgeon in Camden-town. On the morning of 10th July, between two and three o'clock, the prosecutor was brought to me by a policeman and several parties—I found a wound, of rather an important nature, in the thick part of his arm, a little above the joint, about two inches long, and one deep; it was, I should imagine, a stab—it appeared as though the knife must have turned in some way to have caused a cross-cut—the knife produced may have caused such a wound, but I cannot say, it is not very sharp, the wound appeared to be done with a sharp instrument—there is an artery in that part of the arm, if that had been divided, very serious consequences would have ensued.
Cross-examined. Q. Do you seriously mean to say that you think this knife would have cut through a coat and shirt, and made the wound you saw? A. It may have done so, if the blow was very heavy—(The prosecutor's coat and woollen shirt were here produced, they were both very thick.)
MR. BALLANTINE to M'DONALD. Q. At the time M'Grail fell, was he running after the prisoner? A. He was on the footway—I cannot say whether he was running after the prisoner, he made the attempt of running, he was going across the road—he was not running after him, he ran out of the court from me, and just got a stumble from the kerb-stone—I dare say he was going towards the prisoner—I do not know Louisa Bossom—(she was here called in)—I know her by eyesight—I did not tell her that I did not know who had cut me until some time after—I do not think that girl ever spoke to me, her sister did—(The witness's depositions being read, contained the following expressions: "The prisoner ran across the road, and M'Grail ran after him"—"The prisoner returned for his hat"—"I cannot say what he had"—"I did not notice it (the blow) till I felt the blood come warm about my hand")—I could not have stated, "I cannot say what he had," because I saw the knife—I deny that that is the fact—if I said it, I cannot stand to it—the prisoner never said anything to me about his hat when he returned—he never asked me for it.
MR. EDGAR. Q. When the prisoner made the assault on you, did you or not see anything in his hand? A. Not at the time he struck me, I had no opportunity till he stood out from me, and the blood gushed out, and then I saw the knife.
MR. BALLANTINE called the following witnesses:
JOHN FINNEY . I am a fitter, in the employment of the London and North Western Railway Company; my brother is a fireman. I remember the night he was taken into custody—I was not sleeping in that room at all that night, I was working at the Camden Station—I know this knife, it is my brother's, I had it in my possession the night my brother was taken—I used it at nine o'clock that night, and then put it into my waistcoat pocket—I went up stairs to change my waistcoat, and put on a blue pilot one, and left the other behind—it was a moleskin waistcoat, this is it—(produced by the policeman)—it is the one in which the knife was found—it is my waistcoat, I know it well by wearing it, and by its being mended—I saw my brother at seven that night—our lodging is about a quarter of a mile from where the row took place—I left home about ten, to go to my work, leaving my waistcoat up-stairs.
Cross-examined by MR. EDGAR. Q. Did you go without a waistcoat? A. No; I put on a blue pilot one, being warmer, as I was at work in the night—my brother had left the knife on the mantelpiece in the room—I have bad it many times before, for eight or nine days together—I took it up about nine o'clock in the morning, and put it into the pocket of the waistcoat which I had on at the time—I am sure it was in that pocket when I took the waistcoat off—I forgot to take it out—I cannot say which pocket it was in—I generally use my right-hand pocket for anything of that sort—my brother was not in the house when I went away at ten—I did not see him again that night—I cannot say whether he knew I had the knife.
COURT. Q. Where did you see your brother at seven o'clock? A. He came to me at the station where I was at work—I left off work at nine, and went home to supper, and went back at ten—I do not go with the trains, I work in the station, at engine-fitting—it goes on all night when we are busy with anything—we were then securing some bolts for the permanent way—we were working in an open shed—the iron is cold when we fit it—there is no name on the waistcoat.
MR. EDGAR. Q. Have you ever said, as your brother had done you a good turn, you would do him one? A. I might say such a thing—I would do it, whether I said so or not—my brother has worn this waistcoat, because it belonged to him formerly—he gave it me six or seven months ago.
MR. BALLANTINE. Q. Would you commit perjury for your brother? A. No—I have been in this employment nine weeks, and I have been in employment of the same kind better than two years—I cannot mention anybody in particular to whom I said I would do my brother a good turn—he had done me one, and I would do him one if I could—I swear this waistcoat is mine, and I left the knife in it on the Monday night—I cannot say whether I threw it on the bed or box.
JURY. Q. Has he ever worn the waistcoat since he gave it to you? A. I never saw him—he had not been in the habit of wearing it one day and me another.
LOUISA BOSSON . I am single, and live at Camden-town. I recollect seeing the prosecutor at our house, talking to the prisoner's brother—the prisoner lived at our house—the prosecutor said he felt for his knife, and afterwards said, "By Jesus, if I had got it"—he said that Finney and several more men were fighting—he went up to them, and when he saw who it was, he felt for his knife—he said, "I did not know who had done it till some time after"—he said it twice.
Cross-examined. Q. Were you in the same room? A. Yes—I assist my mother in the household work—the prisoner has lodged in the house between eight and nine months—his brother John was present when this was
said—I heard of the prisoner being taken before the Magistrate, but I did not think of going—I was not aware that there was a subsequent inquiry—I am no friend or sweetheart of the prisoner's—I have never been out with him—I was at home on the night in question—I do not know what time he came in, he has got a key.
COURT. Q. Were you at home in the early part of the evening? A. Yes—I do not remember his coming home—he generally changes his dress when he does come home and has tea—he did not have lea that night—he did not come home that night—my mother is a widow—we occupy the house, and let lodgings.
RICHARD WALKER . I am an engine-driver on the North-Western-Railway, and have been so upwards of eleven years. The prisoner has been there ten years, and has been fireman under me upwards of three years—he was with me the day before he was taken, from five in the morning till after seven in the evening—we went to Birmingham by the quarter-past six train, and returned with a third-class train at half-past seven—that is reckoned such a heavy day's work, that we are allowed the next day as a rest—he had on a blue jacket with brass buttons, with an anchor on them; a blue waistcoat, rather greasy, with pearl buttons, and corduroy trowsers—he is a very sober steady man, and always to be depended on.
ROBERT GREENWELL . I am an engine-driver in the employ of the North-Western Railway Company. On the night on which the prisoner was taken into custody, I was in his company from nine o'clock until twenty minutes past twelve, at the Engineers' tavern, Gloucester-road, Camden-town—there were eight or nine more of our men there—we had a tidy sup of porter amongst us—twenty-two pots altogether, amongst ten of us—when he left he was pretty fresh—he had on a blue waistcoat, with pearl buttons—he has always been a good steady man, and highly thought of.
Cross-examined. Q. Where did you last see him that night? A. I left him about two hundred yards from the public-house, going towards Camden-town—one of our firemen was going to Australia, and we had a meeting that night to make a subscription for him.
(Several other witnesses deposed to the prisoner's good character.)
NOT GUILTY ,
MR. PARNELL conducted the Prosecution.
ELIZA WILLIAMS . I live in Buttesland-street, Hoxton. I know the prisoner—we are both unfortunate girls—on 29th July, about eleven o'clock, I was walking in Buttesland-street, Hoxton, with a foreign gentleman, and was going home—I heard some one running after me, looked behind, and saw the prisoner—she came and looked in the gentleman's face—I made a stand still—she said, "I thought it was Robert Bruce"—I said, "You are mistaken"—she said it is very much like him, and asked me where I had left him—I said T had not seen him—she said, "He was in your house"—I said, "I am going home, you can come and satisfy yourself"—she walked as far as the third house facing where I live, by the side of me, with her hand in her pocket all the way—she then turned on her heel, as if she was going back, took something out of her pocket, I cannot say what it was, and cut me on the nose—I caught hofd of the gentleman's arm, and put my head under his arm, and I received another wound in my thigh, and another in my neck—I
screamed out "Murder!" and "Police!"—my clothes were cut through, and I bled very much—a policeman came up and took me indoors, and afterwards to the station, where a surgeon came and dressed my wounds—while I was at the station I heard the prisoner say, she was only sorry she had not cut my nose off.
Cross-examined by MR. METCALFE. Q. Did you say anything to her when she first came up to you? A. Not till she spoke to me—we had no words at all—there was no other girl near us—I had seen her sister in the evening, and when I called out" Murder! "and" Police! "her sister came up with the policeman—I did not say to the prisoner when she came up," There is that b—, wh—'s sister"—nothing of the kind—I felt timid of her, because she had threatened my life previously—I did not say I would have her heart's blood before another month was over: I never said so at any time—I have passed her many times, and never took a bit of notice of her—I was confined to the house a week from these wounds—I was at the Eagle Tavern on the Monday week after—I was not dancing, I was not capable of it—I am not given to violence—I was before a Magistrate about six weeks ago—I had no knife with me, nor any weapon, nor the gentleman who was with me—the prisoner was not knocked down at all, she ran away.
MR. PARNELL. Q. You say she threatened your life previously, was that in some quarrel? A. No, I was told of it—I had a quarrel with her about twelve months ago about Robert Bruce.
THOMAS RUGO (policeman, N 368). I was on duty at Hoxton—I saw the prosecutrix and the gentleman walking up the street together, and the prisoner by the side of them—I heard her say something to them, but did not hear what—the prosecutrix said, "I am sure you are mistaken"—I went on up the street, and about two minutes afterwards, hearing" Murder "and" Police "cried, I ran up the street, and met the prisoner running down—I saw blood on her hand—I caught hold of her by the arm and said, "What have you done?"—she said, "Nothing"—I took her back to the prosecutrix, whose face and neck were covered with blood—I also saw two cuts on the gentleman's arm, and one on his trowsers—they said, "She has stabbed us"—she made no answer.
Cross-examined. Q. Did you search her? A. No, she was searched at the station by a female—I looked about the ground where this took place, but did not find any weapon.
CHARLOTTE ROGERS . I am a female-searcher at the station—I searched the prisoner when she was brought there on this Sunday night—I found nothing on her—she said, "If she could, she should like to have taken her nose off."
GEORGE WILLIAM HENRY COWARD . I am a surgeon. I was sent for to the station, and examined the prosecutrix—she had a wound extending from the bridge of the nose to the apex, a wound on the side of the throat, and one on the thigh—the one on the neck was a punctured wound or stab, about half an inch in width, that had been inflicted by an instrument with a sharp point and sharp edges—they were not dangerous wounds—she was under my care about a fortnight.
Cross-examined. Q. What was the depth of the wound on the nose? A. It had cut through the cuticle—the wound in the thigh was about half an inch deep, that was the most severe wound—it had gone through all her clothes.
GUILTY . Aged 20.— Confined Nine Months.
NEW COURT.—Friday, August 24th, 1849.
PRESENT—MR. RECORDER; Mr. Ald. MUSGROVE; and Mr. Ald. WILLIAM HUNTER.
Before Mr. Recorder and the Fifth Jury.
GUILTY . Aged 33.— Confined One Month.
GUILTY . Aged 22.— Transported for Seven Years.
1578. JOHN PARKER and SAMUEL WEBB , breaking and entering the dwelling-house of John Hartley, and another, and stealing 38lbs. weight of tobacco, and 3lbs. weight of cheroots, value 6l.; 840 pence, and 960 halfpence; their property: Parker having been before convicted: to which
PARKER pleaded GUILTY . Aged 26.— Transported for Seven Year.
WEBB pleaded GUILTY . Aged 47.— Confined One Year.
MR. PRENDERGAST conducted the Prosecution.
ELLEN TOUHEY BUTLER . I am the prisoner's wife; I have been married to him ten or eleven years; I have four children. On the Thursday that this happened, I do not know the day of the month, I had been to a public-house with an acquaintance about twelve o'clock at night—I did not stop there long—I went home at half-past twelve—my husband was home before me—I had been away about half an hour—I went up to the third floor—before I got in the room I heard a rush, and heard my husband come up-stairs—when I heard him, I went into a room—I did not shut the door, for he was just in after me—he struck me with his hand, and I fell over a lot of saucepans, and he made a kick at me when I was down—he kicked me in the lower part of my body—the appearances which the surgeon noticed were produced by his violence—I soon got well—I got up, and sat on the landing—my husband went to bed—I heard no more noise—I came down in about an hour, and sat at the door till two o'clock in the morning—the policeman came by and spoke to me—I had received a blow on the head from the prisoner outside the public-house—that was before I went home—he came and called me out of the public-house and spoke to me, I was very saucy to him, and would go in again, and he struck me—after the blow, I went to the public-house, and told Miss Langton he had struck me, and knocked me down, and while I was down kicked me on the side of the thigh—I then went home—I did not like to go into the bedroom—I went upstairs and then I heard the rush—I went to the back-room, which belongs to a person named Turner, to get out of the prisoner's way when I heard him coming—I was in the lodger's room when I received the kicks which I have mentioned—I was lying on my side at the time—my husband was gone to bed before that—we live on the first-floor.
Cross-examined by MR. O'BRIEN. Q. In point of fact, your husband was drunk? A. He was very tipsy—he came home and found I was at the public-house—I had had a little to drink.
public-house together a little before twelve o'clock—it was on a Friday—I cannot tell the day of the month—she had been in the public-house about a quarter of an hour when she was called out—I did not see her husband at the public-house, nor see him do anything to her—she returned to the door of the public-house—she did not come in—she complained of being hurt—I then went over to the prisoner, who was standing outside the gateway, and asked him if he was angry with Mrs. Butler—he said he would let her know; he said he would drown her, he would hold her head in the jerry till she was stifled—Mrs. Butler left me to go to her own house—I did not see any more of her that night.
Cross-examined. Q. Did Mrs. Butler live in the same house with you? A. She used—there were two other women at the public-house beside her and me—they were single women.
GEORGE FERRIS (police-sergeant, D 28). On Thursday morning, July 19th, about half-past two o'clock, I saw the prosecutrix sitting on the kerb, in the Mews, opposite her own door—I asked her what was the matter—she said she had been beaten and kicked by her husband—she was not able to get up, and appeared to be in great pain—I got assistance, and took her to Mr. Howlett, the surgeon—he attended to her, and ordered her to be sent home—when I cook her, she took my hand, and put it down to the lower part of her person, and there appeared to be a lump larger than my double fist—I took the prisoner into custody—he said it was the b—y drink that caused it; that he had kicked her, and he supposed he had kicked her too low, lower than he had intended—the woman was perfectly sober.
HENRY HOWLETT . I am a surgeon, of 18, Cambridge-terrace, Hyde-park—the officer brought Mrs. Butler to my house between two and three o'clock that morning—my house is about 100 or 150 yards from where she lives—I put her on the floor of my consulting-room, and made a careful examination of her person—I discovered a bruise on the side of her face, and some extravasated blood—I examined her leg, and found the stocking had been cut through by blows in three or four places—the skin of the leg was broken, and it had the appearance of fine nails, or it might be gravel in it—that could have been done by kicks—I then made an examination of her private parts—I found there a most frightful contusion of the parts—they were enormously swollen, with extravasated blood—there was a swelling of the extent of eight inches, running from the pelvis, beginning in front, and forming an arch underneath, between her legs—I ordered her to be carried home by the constables—she was put to bed—I staid with her some hours, gave her what was necessary, and attended her—the next morning I found the parts were still more inflamed, and I was obliged to puncture it as I was afraid it would burst and mortify—her life was in the greatest danger for several days—the parts about the labia were enormously swollen, larger than my arm—I should have hardly thought that it would have borne so large an extension as there was—she was a healthy and a strong woman, but I considered her life was in danger for five or six days—the effect of the puncture was an oozing of fluid from the part, and she suffered from collapse of the womb—she appeared to have an involuntary effusion of urine, which I attributed to an injury of the bladder, but it was not material—her head was considerably discoloured, and one eye was swollen—her thighs were slightly discoloured—I should think she had had one or two distinct blows both before and behind—the shoe must have passed between the thighs, and had it not been for the clothes she must inevitably have been killed—I heard she bad been sick on the stairs, but I did not see that.
GUILTY . Aged 32.— Transported for Seven Years.
(The surgeon stated that he had attended the prosecutrix on two former occasions for injuries inflicted by the prisoner).
MR. PAYNE conducted the Prosecution.
JOHN COOK . I keep the Castle public-house, in Chapel-street, Westminster. I shut up the house on Saturday night, 21st July, about twelve o'clock—I went to bed about one—I was awoke between three and four, and went to the back of the house—I found the kitchen window open, and one end of a wooden spout was placed in the window, and the other end of it resting on the slates—by means of that a person could get from the slates to the window—they could get on the slates by climbing up the wall; there would be no difficulty in it, the places are very low—the window was down when I went to bed, and when I got up it was open—I let the police in, and we found on the slates outside the kitchen window, an apron with four or five packages of copper money in it—I had 15l. 10s. of copper money in packages, in a cupboard in the bar parlour when I went to bed, and I missed 7l. 10s. from there—there was a jacket found on the wall close to the money, and some money: that was in the direction in which the spout passed—you could reach from the wall to the spout—I think I had seen William Bentley in my house that night—my house is in the parish of St. Margaret, Westminster.
Cross-examined by MR. PRENDERGAST. Q. How long hare you been there? A. Nine weeks—the house was entered through the kitchen window—the kitchen is on the first-floor—the kitchen window opens into a small yard—the other end of the pipe was on the slates which cover my coal-cellar—it was in a slanting direction—there is a small space of about a yard and a half between the window and the coal-cellar—there is a wall beyond the coal-cellar, which separates my house from the adjoining premises—the policeman took the jacket off the wall—when I went down stairs into the bar parlour it was so light that I could see the jacket on the wall opposite the bar parlour door—the apron and the money were perhaps seven or eight feet from the kitchen window—I have a door which opens into the yard—I have an-other yard—they are both at the back of my house—the jacket and the apron were about seven feet apart—the wall the jacket was found on is between my house and the next—5l. 10s. was found with the apron and jacket—I have lost 2l. altogether.
GEORGE BEST (policeman, A 245). About a quarter past three o'clock on Sunday morning, 22d July, I heard a cry of "Police!" and went to the Castle public-house—when I got to the back, I saw this coat lying partly on a wall, and partly on some slates near the wall—I found nineteen packages of coppers on the wall, and three packages in this apron on the slates about a yard distant from the coat—a person could get from an adjoining yard up to the slates, and the spout went from the slates into the window—it went rather aslant—it made a bridge across.
Cross-examined. Q. Were the slates higher than the window? A. No; rather lower—you got up by the spout into the window—the other end of it rested on the slates—I am not certain whether the spout had been taken
from an adjoining yard—it was a wooden spout about half a foot wide—to get on the spout you must have got to the top of the slates from an adjoining yard—they are small cottages—you can get across them from yard to yard—in these houses the greater part of the passages are open all night—you can go through them in the day, and generally at night—the wall parts Mr. Cook's premises and the next premises—this jacket was partly on the wall, and partly on the slates—this is the jacket—there is a deficiency of buttons on it—there were seven or eight persons round the door of the house.
JOHN COOK re-examined. There were two men—they said they had seen certain persons on my premises—the prisoners were pointed out to those two men in my presence, and they said the male prisoner was not the man—one of those men was named Hooper—he was the man who gave the alarm, and he did not recognise the prisoner.
SOPHIA HOOPER . I am the wife of John Hooper—we live at 12, Castle-court at the back of the Castle public-house. About three o'clock on that Sunday morning I and my husband were awoke by a cry of "Police!"—I got up, and saw two men go out of the passage of No. 12—I saw the spout, and the window of the Castle public-house was open—I saw another man come out of the passage of No. 10—I could not recognize those men again—I saw Mary Bentley in the back-yard of No. 12—I knew her well—I called her by her name twice—I do not know where she lived—her father lives at No. 14, Castle-court.
Cross-examined. Q. Some of those men came out of No. 10? A. Yes, one man did—I could not describe how Mary Bentley was dressed, but she bad a white straw bonnet on—it was quite daylight; it was a little after three o'clock—she looked up at me twice—she was not running away, not at all in a hurry—I had seen her not long before—her father lives at No. 14, which adjoins Mr. Cook's—I do not know this jacket; I never saw it before to my knowledge—the fourteen houses in the court belong to Mary Bentley's father, and he lives at No. 14.
WILLIAM WARDLOW (policeman, H 238). I went to 19, Smith's-rents, York-street, Westminster, at four o'clock on that Sunday morning—I found Mary Bentley in bed—she was partly dressed—there was another female in the room—I asked Mary Bentley if her name was Bentley, and where her husband was—she said he had not been home all night—I told her she must get up—she said, "What is the matter?"—I said, "You must come with me, for being concerned with others in a burglary at the Castle public-house"—she said she knew nothing about it, and she had been at home all night—I asked her what money she had in the house—she said she had a little money—I took up a dress, and I said, "Is it here?"—she said, "Yes'—I found one shilling and three halfpence—she said her husband gave her the shilling, and the other she had—I found three skeleton keys under the bed—I asked how they came there—she said she did not know—I found in a corner of the room these three buttons, and, having noticed that three buttons were deficient from the jacket, I took care of them, and they correspond with the but-tons on the jacket—I found one of these keys unlocked the parlour door of the Castle public-house—in going to the station, Mary Bentley said it was very hard that she should be taken for what she knew nothing about, and that she could not help what her husband did—there was a white straw-bonnet in the room, which she wore to the station.
Cross-examined. Q. Do these buttons all fit exactly? A. Yes; I compared them with the other buttons on the jacket—one of them has lost an eye—I did not look to see if the eye was on the jacket—I think there are four
buttons gone from the jacket, but there are three gone from the front—buttons of this kind are common on such jackets as this—the door of the house where I found Mary Bentley was on the latch; I opened the door and walked in—there are only two rooms in the house—I do not know who keeps the house—I never saw William Bentley there—I have seen him in different dresses—I cannot say that I have seen him in this jacket—Mary Bentley told me that he lived in the house where she was—she had a child in arms—there was another woman, named Flannagan, there, who was dressed, and sitting on the bed.
MARK LOOME (police-sergeant, B 11). On Saturday night, 21st July, I was near the Castle—I saw William Bentley and two or three men standing outside the door after the house was shut—they were standing, talking, at the corner—in consequence of information, I went to St. Giles's, about eight o'clock, on Sunday morning—I found William Bentley and two others in company, talking—one of them was John Welch, who was one of the men he had been talking with on the Saturday night—I took Bentley by the collar, and one of the others by his arm—Welch got on the table, and tried to get out of the window—I shut the window down, and put my back against the door—Bentley tried to make his escape—I told him I knew him, it was of no use—I put them into a cab, and took them away—I told them it was for breaking into the Castle public-house—Bentley said he was not there—Welch said he was—on the way to the station, Bentley said he was outside the house—I told him there was a coat found with some buttons off it, and some buttons found in his room corresponded with those on the coat—he said those buttons came off a coat he bought of James Holloway—he said he knew nothing about the coat that was found.
NOT GUILTY .
MR. HUDDLESTON conducted the Prosecution.
JAMES DONOOHUE . I am in the service of Mr. William Reid. He has a house on Finsbury-pavement, and also a house at 9, Little Moorfields—they join at the back—they are in the parish of St. Stephen, Coleman-street—persons live in them in the daytime, and I sleep there at night—there are no lodgers—on Tuesday night, 14th Aug., I went to the house to sleep, at a quarter before eleven at night, with Mr. Reid's son—he sleeps there also—he put the key into the door, and found it was bolted inside—I had a bag in my hand; I gave that to him to hold while I; tried to open the door—before I had time to try the door, it was opened from the inside, and the prisoner and another man rushed out—I had not an opportunity of seeing him at that time, but I followed, and never lost sight of him till I gave him in charge to the police—one of the men knocked young Reid down, and they then ran in different directions—I overtook the prisoner in South-street, which is nearly a quarter of a mile from Little Moorfields—after giving him into custody, I went back to the house in Little Moorfields, where I found three sacks of boots, which had been removed from the place where they were ordinarily kept—I had never seen them in the place where I found them—they were Mr. Reid's—they had been kept hanging on hooks round the shop—the desk in the shop was broken.
Cross-examined by MR. PAYNE. Q. How many turnings are there between this shop-door and the place where the prisoner was taken? A. Only two—I turned into Short-street and on to Finsbury-pavement, and then to South-place, which is scarcely a turning, it is almost on a line—the prisoner crossed the road slanting into South-street—there is a cab-stand, but it did
not hide the prisoner from me: I was too close to him, only five or six yards from him—I did not lose sight of him till he got to South-street, where he was stopped—he walked easily as I came up to him—I am certain that the person I was pursuing did not run on to Broker-row, and that I overtook another person in South-street—I am quite certain the prisoner is the person—I was getting rather up to him, and he stopped and began to walk—there were other persons in South-street, but I am sure I never lost sight of the prisoner—he turned and came towards me.
GEORGE REID . I am the son of William Reid. I went with Donoghue on that night—the door was opened, and two men ran out the second time the door was tried: the prisoner is one—they ran away in different directions—Donnohue ran after the prisoner.
Cross-examined. Q. Did you see the prisoner a great while? A. No—I am sure he is the man—he knocked me down—I ran after the other man.
NELSON FREDERICK JOHNSON . I am in the employ of a cloth-worker. I was going down Little Moorfields that night—I saw two men run out of the house—I saw the boy knocked down, but I did not see who knocked him down—I followed the prisoner, and did not lose sight of him till he was taken.
Cross-examined. Q. Where was he taken? A. In South-street—Donoghue overtook him and laid hold of him—he stopped when Donoghue was coming across to him—he stood—they were talking, I thought he had got hold of him, then he ran into South-place—I was behind him—the policeman was coming up and he stopped.
WILLIAM ARTHUR EADE (City-policeman, 125). On that night I heard a cry of "Stop thief!" on Finsbury-pavement, and the prisoner was given into my charge—I found on him some lucifer-matches—I went afterwards to the premises and found a piece of candle, which had been lighted.
WILLIAM WHITCHER (City-policeman, 50). I went to examine the premises, and found these three bags of boots all ready to be carried off, a desk in the shop broken open, and a screw-driver, which corresponds with the marks on the desk—it was a common lock on the door—from what I observed I suppose the persons had been on the premises.
WILLIAM REID . I am the owner of these premises—I left there at a quarter before ten o'clock that night—they were then all safe—I double-locked the door; it was not bolted—the goods had been put in sacks, and the sacks sewn up—the stock had been partly removed into the house that day, and my son was going to sleep there.
GUILTY .* Aged 28.— Transported for Ten Years.
1582. WILLIAM CHARLTON and JOHN TURNER , feloniously breaking and entering the counting-house of William Bartholomew Billett, and others, and stealing 1 cash-box, value 5s., 1 half-sovereign, and 24s.; their property.
MR. CHARNOCK conducted the Prosecution.
JAMES WATSON DUKE . I live, on the Edmonton gas premises—they belong to the Gas Company—Mr. William Bartholomew Billett is one of the roprietors, and there are others. On the morning of 3d Aug. I heard Edwards calling out," Master! Master!"—I got out of bed, and saw Edwards and another person struggling on the grass before the window—I could not identify any one but Edwards—I came down and saw Edwards rising from the place where the struggle had been—he complained of being hurt, but there was no one there—I found one of the desks had been broken open in the counting-house, and before the policeman came, I went to the spot where I saw the two men struggling, and picked up two chisels, which were applied
to the marks on the desk, and found to correspond—I saw Edwards pick up a cap—I missed from the counting-house a cash-box—I saw a-pair of tongs, which had been used to break some place, and the tongs were broken.
Cross-examined by MR. PARRY. Q. What are you? A. Clerk to the directors—Edwards is a stoker—he was up all that night—he is still with us—he has not been discharged—he was not intoxicated that morning.
HENRY COOK . I am clerk to the Edmonton and Tottenham Gas Company. I left the counting-house about six o'clock on Thursday evening, 2d Aug.—I locked the desk—I do not recollect whether I closed the door of the counting-house that evening—it can be opened from without, by turning a brass knob—there is a man employed on the works who has to come to the office every half-hour—I left a cash-box locked up in the desk, and the desk was locked—in the morning the desk had been broken open, and the cash-box was gone—there had been 10s. in gold, and 1l. 4s. in silver in the box, and two papers—they were all safe when I left that afternoon.
THOMAS EDWARDS . I am stoker at the gas-works. I have to go into the counting-house to guide the pressure—strangers had not access to that place—I went in at twenty minutes to one o'clock to look at the pressure—I saw two men on the top of the counting-house—I cannot tell who they were—I went into the office—I saw the poker and tongs were moved—I locked the door and came down again through the gas-house—I was on the watch, and I saw Turner come down the yard, and a tall man with him—they went to the front door of the house, which is about thirty yards from the counting-house—they shook the house door, and came back and tried the sitting-room window of the office—they could not get in there, and they went in at the door—I was about four yards from them—I did not speak to them—I had locked that door, and had the key in my pocket—I cannot tell how they got in—they both went in—I am sure Turner was one; I had known him eight or nine years—finding they were in, I went and held the door in my hand, and called for Mr. Duke, my master—before he came they burst the door from me—Turner came out—I seized him, and the other fellow came and jumped on the top of me—Turner said, "If you don't let me go, Topper, I will cut your b—y throat"—I said, "It is no use your running away, I know you"—he ran away and the other man too—I did not see Charlton at all.
Cross-examined. Q. Topper is your nick-name, is it? A. Yes—I knew Turner very well—I do not know who he was working with—he was working for a market-gardener—I know Tom Risley—I believe he works with Mr. Payne, the gardener—Turner got away from me—Mr. Duke then came to me—I did not mention the name of Turner to Mr. Duke; I did to the policeman—I mentioned Turner's name to my mistress and master before the policeman came; I said I knew Turner—you must get over the hedge or wall to get into the yard—the counting-house door was locked, I had the key in my pocket—the struggle lasted about ten minutes—I was hurt a little on my breast and my thigh.
JAMES WATSON DUKE re-examined. Edwards at first said, "Never mind, I know one of them"—I will not swear whether he mentioned the name of Turner before the policeman came—when he had told me, he went to his work—when the policeman came, I said, "Topper knows one of them;" and he came up and said it was Turner.
EDWARD GREY (policeman, N 328). On 3d August, between nine and ten o'clock in the morning, I went to the gas-works—Edwards gave me a description of the prisoner Turner—he goes by the name of Little Stiffey—I went in the evening to the Bell public-house—I found Turner sitting there—I
told him I roust take him for the robbery at the gas-works—I took him to the gas-works, and directly Edwards saw him, he pointed to him and said, "That is the man"—Turner said, "Mind what you say"—I went to search Charlton's house after he was apprehended—his mother went into the back room, and pulled out this shirt and jacket—she said he had been there and changed his clothes—this shirt was taken from a tub of water—I pulled these trowsers from under the table in the front room myself—I think this is soot that is on them.
Cross-examined, Q, Have you had those articles in your keeping since? A. I have had them at the station—I could not tell that these were his clothes but from what his mother told me—I am sure this is soot on these things—we have a chimney at the station—I did not put these things np the chimney there.
ROBERT BUTCHER (police-sergeant, N 37). About five o'clock in the morning of the 3d Aug., I went to the counting-house of the Edmonton and Tottenham gas-works—I found one of the desks had been broken open is the counting-house, and I should say by the marks that these chisels had broken it open—I could not tell how the door had been opened—I found the window open, and a part of the chimney had been thrown down into the fields—they could not get into the counting-house down the chimney, the fire-place being bricked up—the brick-work of the chimney that rose above the roof had been broken down—it appeared to me that they had got into the chimney, and could not get out without breaking down the brick-work to get out—I took Charlton at his mother's house between seven and eight in the morning—I told him he was charged with breaking and entering the counting-house of the Tottenham and Edmonton gas-works—he told me that he had been in Hertfordshire ever since the Tuesday previous, sweeping, and that he returned that morning, and landed at Board's Lock, which is about a mile on the other side of Edmonton—I told him he had been seen by a man in Water-lane about five that morning—he said he had not been in Water-lane that morning, for he landed at Board's Lock—I took him to the station and stripped him—I found his person was covered with soot—there was the appearance of soot round his eyes, and his elbows were very much cut, as if he had been struggling very much with his arms up—he said he had been up a chimney, but not there—I mentioned that he was suspected of being up the chimney at the counting-house.
Cross-examined, Q. Is Board's Lock on the river Lea? A. Yes; that is the way from Hertfordshire—I have not been there.
THOMAS CULLIP . I know Charlton; he was potboy to Mr. Weston, and I have known him as a chimney-sweep. On the morning of 3d Aug., I saw him in Water-lane about five o'clock, as I was going to my work—I met him coming in a direction from the gas-works, about a quarter of a mile from them—he was very black, and without shoes and stockings—he had these things on that are here—I asked him where he had been; he said, "To Hertfordshire, sweeping"—I let him go on—I afterwards heard of this robbery, and gave information—I never knew him to be away from Edmonton—I believe he lives with his father and mother, and brother—I have known him thirteen or fourteen years.
JOHN WESTON . I keep the Three Tuns public-house at Edmonton; I know Charlton; he lived about a quarter of a mile from me. On Thursday morning, 2d Aug., he came to my house, which is about a mile from the gas-works—he brought in a penny loaf and a black pudding, and had half-a-pint of beer—he was there till about twelve o'clock in the day—I did not see
him afterwards till he was hefore the Magistrate—he was at work for me on the Wednesday cleaning knives and forks; he was there all day; he was with me on Tuesday; we had a cricket-match.
Witnesses for the Defence.
THOMAS RISLEY . I am a labouring man, and reside at Edmonton; I know Turner. I remember the morning that the robbery took place at the gas-works—I heard of it the night but one afterwards—on the morning of the robbery, I called Turner up about three o'clock to go to work—he was going to cut tares for Mr. Payne—he has worked off and on for Mr. Payne as long as I am able to recollect—I have called him up before, and he and I have gone to work—when I called him that morning, he came down—I came as far as the corner of the yard with him, and he went one way, and I went another—I did not go to work with him—I think his house is about I mile from the gas-works—I know Mary Etwall; she is here.
MR. CHARNOCK. Q. For whom do you work? A. Mr. Ellam; I have worked for him all the summer; before that, I worked for different persons in Edmonton—I have worked for my brother-inlaw, Henry Risley—I am single—I live near to Turner; he is single, and lives with his father and mother, and brother and sister—I have known him ever since I can recollect—I think it was Thursday morning that I called him—I cannot say exactly: it might have been on Wednesday—it was on the 3d Aug.—I think it was on Thursday.
COURT. Q. What day did you hear of the robbery? A. I cannot say what day of the week it was—it was not on Sunday; it was on Friday.
MR. CHARNOCK. Q. You would rather swear it was Wednesday you called him than Thursday? A. That is about it—Mrs. Etwall lives next door but one on the right side of him—I have not talked this over with her no further than she said I called him up in the morning—I do not know that I spoke to her about it at all—she did not come to town with me; Thomas Cullip did—I have not had any conversation with Etwall about it—Turner's mother came to me about it on the Saturday morning as he was locked up on the Friday night—I do not know Mrs. Andrews—I was up at three o'clock that morning to go to work; that is the usual time to go to work—I knocked and hallooed to him—he sleeps in the garret—Mrs. Etwall saw me call him. MART ETWALL. I live next door but one to Turner's mother—I have known him—I have not known him to be away from home—I heard of the robbery at the gas-works on the Friday evening—they said it was committed on the Friday morning—I had seen Turner come in at eleven o'clock the night before, as I was sitting up with a person who was very bad—I sat up all night, and on the next morning I saw Risley come to call Turner about three—he called him five or six times—Turner came down about a quarter-past three, and they went away together.
MR. CHARNOCK. Q. What morning was this? A. On Friday morning—I had not heard Risley call him before; I had seen Turner go out—I am sure this was on Friday morning—I came to town with Risley—I did not talk with him about this matter—I did not say what I was going to prove—Mrs. Turner came with me.
COURT to THOMAS EDWARDS. Q. You went to the office twice? A. Yes, I went at twenty minutes to one o'clock, and it was at twenty minutes to three that the men rushed out, and I had the struggle with Turner—I was watching the place in the interval—I am certain Turner was the man—one of the men who were on top of the office appeared to be a big man, and one a little man, and one that came out of the counting-house was a short man, and one
a tall one—I do not know Charlton—I did not give an alarm when I saw the two men on the top of the counting-house—I did not know what they were doing—I did not challenge them—I walked into the counting-house at twenty minutes to one—I found the poker and tongs had been moved—I saw them lie against the presses—I did not look to see whether the tongs were twisted or straight—I did not look at the desk—I did not go into the counting-house again till master came down—I did not see the two men get down from the top of the counting-house—they went the back way into the fields—I did not give any alarm—there was no one but me and my master there.
CHARLTON— NOT GUILTY .
TURNER— GUILTY . Aged 20.— Transported for Seven Years.
SAMUEL WYATT . I am a tailor, in Clifford-street, Bond-street. On 13th July, about half-past seven o'clock in the morning, I heard a knocking—I went to the door, and missed a leaden pump, which had been safe in the area, on my premises, the night before—the lead was cut which had fastened the pump to the pipe—a man told me that they bad turned up Burlington-street—I went and saw the prisoners both together—Campbell had the pump on his shoulder, and Wilson had a bag of tools—I followed them till I saw a policeman in South-row, whioh is a quarter of a mile from my house—the policeman went and spoke to them, and they told him they were employed by Mr. Lamb, a plumber, in Crown-street, St. Giles's—we went there, and he said he did not know them—Wilson said that was not the Mr. Lamb that had employed him—this is my pump—it was in an enclosed area—the door was fast—they must have lifted the pump over—they might have separated it from the pipe by tools on the outside.
Cross-examined by MR. HORRY. Q. You went to the shop, and the prisoners pointed out the shop? A. Yes, Wilson said, "That is not the Mr. Lamb that employed us"—I am not aware that there are two or three Mr. Lambs—this pump was exposed to the street—there is a gateway and a gate—my house is a corner house, and the pump stood in the area between the street and the house—I am certain the gate of the area was locked—when I saw the prisoners, they were going in a direction that would lead to Crown-street—they were not running.
WILLIAM KEACH (police-constable, C 102). I was requested to take the prisoners—Campbell had the pump, and Wilson a bag of tools, such as plumbers use—I asked where they were going, and Wilson said to Crown-street, to Mr. Lamb, who had sent them to take the pump—Mr. Wyatt said it was all false—I went with the prisoners to Crown-street—Mr. Lamb's son came out and said, he did not know the prisoners; they were never in his employ—Wilson said to me before Mr. Lamb came out, "That is not the Mr. Lamb that employed us"—they did not offer to go with me to any other Mr. Lamb.
Cross-examined. Q. Campbell said that he was employed by Wilson? A. Yes, and Wilson did not deny it—Wilson said he had been employed by Mr. Lamb, a plumber, to go and repair that pump. (Wilson received a good character.)
WILSON— GUILTY . Aged 33.
CAMPBELL— GUILTY . Aged 25.
Confined Six Months.
MR. RYLAND conducted the Prosecution.
ABIGAIL ABRAHAMS . I am single, and live at 2, Thornhill-place, Isling-ton—the house belongs to Mr. John Dashwood; he lives in the house—I am his housekeeper. I know the prisoner; her sister lodged there for some time, and the prisoner waited on her—I think the prisoner and her sister left about three weeks before the robbery was committed, and at the time of the robbery the prisoner was living in Bagnigge-wells-road—on Saturday night, 21st July, I went out; I got back about half-past ten o'clock—the servant told me something—I did not miss anything till the Sunday morning—I then found the drawer had been broken, and I missed a blue satin gown, and a piece of satin, and other things, worth 8l. or 9l.—the prisoner was taken on the Monday.
Cross-examined by MR. PRENDERGAST. Q. These were Mr. Dashwood's property? A. No; they belouged to me—the blue dress I bought myself, and the black satin Mr. Dashwood gave me—I was the person who gave the charge against the prisoner—I went to her on Sunday—I said, "I suppose you know what I come about?" and I asked her if she would give me the tickets of the articles—she said, "Don't call in a policeman"—I gave her till ten o'clock—the reason I went to her was, I knew there was no one frequenting the house but her—she had left three weeks before—she did not frequent the house after that—I suspected her, because I knew no one knew where my things were but her—I have been Mr. Dash wood's housekeeper five or six years—he gave me this satin six or seven months back—he gave me fourteen yards of it at first—it is in a piece—I never looked over it—he told me there were fourteen yards—it was for a dress, but I never made it op—it was in a drawer in the room where the prisoner's sister lived—I had been in that room after the prisoner's sister left, but I did not look over the drawers—I had been in the room on the Friday or Saturday, and had put away the piece of white muslin—Mr. Dashwood and the prisoner were not on good terms—Mr. Dashwood's room is the second-floor back, and the prisoner's was the second-floor front—my room is the second-floor back.
JANE ROBSON . I am single; I live servant at this house of Mr. Dashwood's. On Saturday evening, 21st July, I went out about seven o'clock—I left no one in the house—I came out of the front door and closed it after me—it was fastened with a latch-lock—the house was safe in all other respects—the lock might be opened by anything that would turn it—I came back about ten, and found the door open.
Cross-examined. Q. What profession is Mr. Dashwood? A. He has a situation in a clothier's shop—they have lodgers at the house in Thornhill-place, not men, but young women—it is not a house where women go—I never saw any women there but the prisoner and her sister—the prisoner's sister had a room, the prisoner attended on her—I do not know how her sister got her living—she might have been a dressmaker or a staymaker—they had no visitors—I had an engagement to go out that night to the Strand.
JANE HASLUCK . I am the wife of George Hasluck; we live at 6, Pearl-crescent, Bagnigge-wells-road. On 21st July the prisoner lodged with me—I remember her going out between six and seven o'clock—she came home about nine—my house is five or ten minutes' walk from Thornhill-place—when she came back she showed me a piece of black satin—I cannot tell how many yards there were, it laid in folds—I should say there were six or seven
yards—she asked me my opinion about it, and said she had given 4s. 6d. a yard for it—next day Mr. Dashwood came and said his wife had lost those things—A bigail Abrahams was with him—the prisoner was at home—I asked Mr. Dashwood to go to her, but he refused—I went and told her that Mr. Dashwood was there—she said, "If Mr. Dashwood has anything to say, let him come in and say it to me"—I told her that Mr. Dashwood said he had been robbed—she said, "I know nothing about it"—Mr. Dashwood went out and called the prisoner out, and said, "You showed me a piece of black satin, tell me how you came by it?"—she said, "I bought it; but I have a sister who has been keeping a gentleman's house; I did not like you to know it; I have been calling her my cousin; I have been the means of getting her away, and this is got up out of spite."
Cross-examined. Q. Did you see Mr. Dashwood again? A. Yes, he came back, and my husband would not let either of the sisters go out, and that was the reason they were all found the next morning—I said to Mr. Dashwood," When she came home she showed me a piece of satin, but she says she can give a very good account of it"—he said, "I am very much obliged to you for the information, we will search the room"—he took the policeman in, and between two beds he found the satin—he said he did not know it, but his wife did—I do not know whether Mr. Dashwood went to the station—only one of the sisters lodged with me, but the other two came to see her on the Sunday, and my husband would not let them go away till Mr. Dashwood came—we waited till two o'clock for him that night, and he did not come—he came on Monday.
Cross-examined. Q. You never saw her before? A. I might have seen her, I cannot say—I am sure she is the person who pawned it—I recollected her from the Saturday night till the Monday, when I went to the Police Court—this scarf has been worn.
GEORGE COLLINS (policeman, N 59). I took the prisoner on Monday, 23d July, in the back-room—I found this piece of satin between the bed and mattress—I asked the prisoner, who was present, where she got it—she said the bought it of a man in Gray's-inn-lane, a bargain, on the Saturday night.
Cross-examined. Q. Did Mr. Dashwood go to the station? A. Yes—he said he could not give her in charge, it was not his property, it was his housekeeper's—Simkins has the blue dress, but he is ill—he is not here.
Cross-examined. Q. What house do you keep beside the one in Thornhill-place? A. A cigar-shop in Wych-street—I was there that night—there are four rooms in that house besides the shop—Mr. Dashwood is servant to his father, at 2, Holy well-street, and he is there all day—at night he goes to Thornhill-place—there are two bedrooms at Wych-street—we have a lodger there, and the other bedroom is mine—I am there now and then—these articles were in the drawers in the room when the prisoner's sister went to lodge.
COURT. Q. Were they lent to her? A. No.
(The prisoner received a good character.)
GUILTY.—Recommended to mercy. — Confined One Month.
THIRD COURT.—Friday, August 24th, 1849.
PRESENT—Mr. Ald. WILLIAM HUNTER; Mr. Ald. LAWRENCE; Mr. COMMON SERJEANT; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Second Jury.
GUILTY, and received a good character. Aged 18.—Recommended to mercy.
Confined Twelve Months.
GUILTY . Aged 18.— Confined Six Months.
1587. JOHN ALFRED POWELL , stealing 1 shawl, 1 brooch, and other articles, value 11s. 8d.; also, 1 pair of ear-drops, and 1 pair of spectacles, 1l. 6s.; also, 1 pair of bracelets, 1 scarf, and 1 book, 5l.; the goods of Charlotte Richardson; and 1 telescope, value 1l.; the goods of Jane Richardson: to all which he pleaded
GUILTY , and received a good character. Aged 24.— Confined Six Months.
1588. MARY ANN CLAYTON , stealing 1 veil and 7 yards of twill, value 7s.; the goods of Edmond Roberts, her master: also, 1 pair of shoes and 1 petticoat, value 11s. 6d.; the goods of Mary Sutton, her mistress: also, 5 shirts and other articles, value 38s.; the goods of Samuel Howe; having been before convicted: to all of which she pleaded
GUILTY . Aged 17.— Transported for Seven Years.
WHITE pleaded GUILTY .
JAMES ANDERSON . I am a glass-manufacturer, of Montague-street, Whitechapel. White was in my service—on the night of 19th July I watched with a constable, and saw a person named Duval go down into the factory and come up—I spoke to her, and in consequence of what she said I gave White in custody—I afterwards went to Bell's, and asked if she had anything of mine—she hesitated, and said "No"—afterwards she said she bad two or three things, and showed me some decanter-stoppers, and one or two other things in a cupboard—she said Duval had given them to her—these are them (produced)—they are mine.
JOHN POPLE (policeman). I went to Bell's, and told her Duval was taken for stealing goods from Mr. Anderson, and asked if she had anything belonging to him—she said she had not—we asked if she would allow us to search the room—we did so, and found these things—she said they were given her by Duval.
Bell's Defence. Duval made me a present of them; I asked if she got them honestly, she said she had.
BELL— NOT GUILTY .
1591. JAMES WHITE was again indicted with JOSEPHINE DUVAL , for stealing 8 wine-glasses, 3 decanters, and other articles; the goods of James Anderson.—2d COUNT, charging Duval with receiving the said goods.
WHITE pleaded GUILTY . Aged 48.— Confined Twelve Months.
JAMES ANDERSON . I saw Duval go down into my factory about four o'clock in the morning—I knew her by sight—I watched with the constable till she left, and asked what she had gone there for—she said "For nothing"—I asked if she had any property of mine—she said" No, "she had been to see White—I had her searched—she had nothing—I asked if she had any of my goods at home—she said" No," and after some hesitation she said she had a smelling-bottle or two—we went to her house at Islington-buildings, and found wine-glasses, tumblers, and a variety of things—she said they were given her by White—I gave her in charge, and went to the glass-house and took White—these things are mine (produced.)
DUVAL— GUILTY of receiving. Aged 18.— Confined Six Months.
HOLLAND pleaded GUILTY . Aged 17.— Confined Four Months.
DONALDSON pleaded GUILTY .* Aged 29.— Confined Twelve Months.
MR. PARNELL conducted the Prosecution.
THOMAS COPP . I am a labourer in the London Docks. On 1st August, about half-past ten o'clock in the morning, I saw Clark and Holland on some cases of sugar—there were some tea-chests there—I believe Holland saw me—he went behind some cases of sugar—Clark walked out of the shed—I pointed him out to the gatekeeper, and saw him stopped.
WILLIAM HAMILTON . I am a gatekeeper at the London Docks. I stopped Clark leaving the docks, and found 3 lbs. of tea in his stockings and shirt, and some in his pocket—I took him—he afterwards pointed out a tea-chest to me where it came from—a sample was taken, which corresponded exactly.
Clark's Defence. It was given me by Donaldson; I was to have 18d. to carry it out of the docks.
CLARK— GUILTY . Aged 17.— Confined Four Months.
MR. O'BRIEN conducted the Prosecution.
WILLIAM COLE . I am an appraiser, and collect advertisements. The prisoner wrote me this letter—(this was an offer of the prisoner's services at a weekly salary of 10s., with 6d. for each advertisement brought in)—he came into my service on those terms—when he received money it was his duty to account or pay it to me next morning—on 26th June he paid me.5s. for an advertisement in the Morning Advertiser, on account of John Harding, of Portland-town—six or seven days afterwards I received 8s. for an advertise-ment for the Weekly Dispatch for the same party, who made a communication to me eight or ten days afterwards, and I discharged the prisoner—after he left, a communication was made to me by Mrs. Sanderson, and I had him apprehended—she had three advertisements while he was with me—he has only paid me for one, 8s.
Cross-examined by MR. ROBINSON. Q. Did you write any letter to the prisoner in answer to his? A. Not in reference to the terms—I do not think I wrote another letter to him—I may have seen him a day or two after, at a
public-house, and had some half-and-half with him—I will admit that I said "Don't take notice of the letter I wrote, put it in the fire"—I did not after that say to him if he could get any business for me I would give him a fair remuneration, or anything to that effect—my business was not falling off—I think the prisoner is in a state of great poverty—I do not think he has set up against me—I think he has been getting advertisements for some other person—I was looking after him before I knew that—Mr. Harding called on me on the Wednesday, and I gave him in charge on Friday night—he called after I had seen Mr. Harding, and I had left a message with my clerk that his services would not be required—it was not in writing, it might be on a slate, if my clerk was out—I saw him once after Mr. Harding called—I did not say anything about Mr. Harding's money, I wanted to find out another case—I did not see him three times—he never came for what was due to him—there have been cases where he has accounted for money, deducting his commission.
MR. O'BRIEN. Q. When he called, were you aware of Mrs. Sander-son's case? A. No.
WILLIAM HARDING . I am a greengrocer—I paid the prisoner 1l. 1s. on 25th June, for advertisements in the Times, Advertiser, and Dispatch—on the second Wednesday in July I called on Mr. Cole, as I had not seen one of the advertisements.
CAROLINE SANDERSON . At the latter end of June I paid the prisoner 8s., to advertise my business in the Dispatch—on the 6th or 7th of July I paid him 6s. for another, which was to appear in the Times on Saturday, and made a communication to Mr. Cole.
WILLIAM COLE re-examined. The prisoner never paid or accounted to me for the 6s., I did not know he had it till Mrs. Sanderson called, seven or eight days after he had received it—these are the settlements, they are in my clerk's writing.
(The prisoner received a good character.) NOT GUILTY .
Before Mr. Common Serjeant.
WILLIAM SCRUTCHEN . I am in the employ of Richard Crouch, of 116, High-street, Whitechapel. On 19th June, in consequence of information, I went into the shop, and missed a piece of cotton, which was safe outside the door half an hour before—I have not seen it since.
WILLIAM WRIGHT . I am a gunsmith—I was near Mr. Crouch's shop, and saw the prisoner and another female—the prisoner snatched a piece of print off a chair, put it under her apron, and ran down Whitechapel—I followed her down several streets—I had never seen her before—I can swear she is the person—I watched her into a beershop—I went for a policeman, and lost her—I found her about an hour after at the station—she had a very bad black eye—it is five weeks ago—her face was in such a state that I could swear to her from ten thousand.
NOT GUILTY .
THOMAS BURKE . I live in the Edgeware-road. On 31st July, between one and two o'clock in the morning I was with some friends, I met the prisoner, and went with her into a house of bad character—I stayed some
time, and when I came out she told me to go away home as there were so many constables about—I missed my watch from my waistcoat-pocket—this is it—(produced).
Cross-examined by MR. O'BRIEN. Q. Had you been drinking? A. I had had a drop, but was not intoxicated—before I met her I had been enjoy-ing myself with my friends—I parted from them about one o'clock—I had not spoken to any other woman that night—I never saw the prisoner before—I had my watch when I went into the house—she came out with me—I saw no one else at the house but the landlady—I made an alarm—the prisoner was taken in, less than five minutes, in bed, at her lodgings.
DANIEL BRUM (policeman, E 67). A little before two o'clock I received information, and went to the prisoner's lodgings, which was about 200 yards from where I met the prosecutor—when I went to her door I believe the window was put np—after a little time the door was answered—a man afterwards picked np the watch, about twenty yards from the window—she had an opportunity of throwing it from the window.
Cross-examined, Q. How many live in the house? A. Four or five women—I believe the prisoner got out of bed to open the door—I had seen her going home a few minutes before.
GUILTY .** Aged 21.— Transported for Seven Years.
MESSRS. BALLANTINE and WOOLLETT conducted the Prosecution.
Cross-examined by MR. PARRY. Q. Do you know the prisoner? A. Only as clerk to Edwards and Radcliffe—I believe he it managing clerk—about that time he called on some other matter, and inquired if Serjeant Channell was retained in two causes, mentioning their names—upon my stating he bad no retainers in the matter, he said directly he got back to the office the retainers and fees should be sent; and he left a memorandum for me of the plaintiffs' and defendants' names—I am sure he only mentioned two actions—it was some time in April—I do not know whether it was in Easter term—if it was in term-time, managing clerks have a great pressure of business—the cause in question has never been tried.
THOMAS LUKER . I am accountant to Edwards and Radcliffe, of Delabay-street, Westminster—the prisoner was their managing clerk—he had a sum of money every morning, from which it was his duty to defray the expenses of the day, and it was his duty to account to me next morning for the sums paid—on 28th April he gave me this memorandum (produced) of the sums he had expended—there is in it a sum of 1l. 3s. 6d. as paid to Mr. Serjeant Channell as a retaining fee, in the cause "West Cornwall Rail-way v. Enthoven"—I paid him 2l. Os. 4d., which wasthebalance due to him.
Cross-examined, Q, The memorandum has various items? A, Yes—on the morning of 27th June he had 4l., and he is supposed always to have 5l. in hand—he may have had money from me for the purpose of paying counsel before he did pay them—he would not then give me a memorandum of this
description—it would be by cheque—if he was about to pay counsel 10l. 10s., or 1l. 3s. 6d., he may have brought me a memorandum like this, and then gone and paid it, but it would be irregular.
COURT. Q. This is a three days' account? A. Yes, he charged me with having paid 6l., and gives me credit for 4l., which I had given him the day before—he charges me as having paid Serjeant Channell 1l. 3s. 6d. the day before—he might have expended it, by giving it to some one else as a fee.
MR. PARRY. Q. There is a sum of 4l. deducted? A, Yes, and I paid him the balance—he has been in the employment since 6th or 7th Feb.—at this time there was a great pressure of business in our office—he had the management both of the common law and the Chancery—he had to make occasionally on a sudden small disbursements on account of the office—he kept a work-book—it is now in the possession of the firm—I am not aware whether the prisoner has had access to that—he was in the habit of working very late at night—Mr. Radcliffe is not here, I believe he is in Ireland—I believe he engaged the prisoner—I know he and the prisoner were not on good terms—this happened just on the eve of the long vacation—I believe he has been entrusted with very large sums of money—I remember once receiving 300l. from him—I do not recollect receiving 800l.
MR. BALLANTINE. Q. Did you have the entire management of money matters? A. Yes, and the prisoner had to account to me—this paper represents that the retainer had been paid to Mr. Serjeant Channell—I paid him an account on the following day, according to this paper—I paid aim 1l. 3s. 6d. more than if he had not charged this sum—there are three sums charged as retaining fees to Serjeant Channell—I gave him the money for all.
MR. PARRY. Q. Was there a dispute between the prisoner and Mr. Radcliffe, Mr. Ratcliffe saying he was only entitled to a month's notice, and the prisoner claiming to remain the whole year? A. I believe there was something of the sort—I received notice—Mr. Radcliffe said I was not to consider it as a notice, but he wished me to leave at the end of the month—I resisted it—it was not on account of any defalcation, but they were reducing their establishment on the eve of the long vacation.
NOT GUILTY .
MESSRS. BALLANTINE and WOOELETT conducted the Prosecution.
JOHN GOLDSMITH . I am clerk to Mr. Serjeant Wilkins. The prisoner did not pay me 1l. 3s. 6d. on 14th June, or any sum—I never saw him till 10th July, when he was in custody—that fee was afterwards paid me by Mr. James, Messrs. Ratcliffe's clerk.
Cross-examined by MR. PARRY. Q. Did you ever have any retainers from this firm before? A. No; this fee was paid on 4th July—that was the day before or the day after he was in custody—I did not receive it through Mr. James from the prisoner.
THOMAS LUKER . There is an amount of 1l. 3s. 6d. charged in this account, as having been paid to Mr. Serjeant Wilkins—Mr. James was afterwards employed by Messrs. Ratcliffe, and he paid it—it came out of their pocket.
Cross-examined. Q. How many clerks were there at the time? A. Five; they were under the prisoner's direction—as managing clerk, he was in the habit of employing other clerks to do business—if a writ had to be issued he might employ one of the juniors to do it—if the clerk came and told him it was issued, he would give him 5s., and charge me with it the following day—I
have made disbursements, which he afterwards adopted, and expressed on this piece of paper—I once paid an officer, at the prisoner's request, 5s., for serving writs—he gave me credit for that—if one of the five clerks paid for a writ out of his pocket, and came to the prisoner and told him he would pay him the money, and charge me with it—many of the junior clerks may have been sent with the retainers for aught I know—there is no balance due to the prisoner—he owes us 5l., the balance of his account.
MR. BALLANTINE. Q. Has the prisoner ever said that he sent anybody with this retainer to Serjeant Wilkins? A. No.
----JAMES. I am one of the junior clerks. After I had made inquiries, and found this retainer had not been paid, I paid it at Messrs. Ratcliffe's express desire.
(The prisoner received a good character.)
GUILTY. Aged 33.— Judgment Respited.
(There were two other indictments against the prisoner.)
CHARLES LEACH . I am shopman to William Jones. On 19th July, between seven and eight o'clock, I received information, ran out, and saw the prisoner running with two pairs of boots—I called, "Stop thief I"—he was stopped, and threw them away—I picked them up—they are my employer's.
Prisoner. Q. How far were you from me when you saw me drop them? A. Two yards.
Prisoner's Defence. A man ran by me, dropped them at my feet, and ran away; I picked them up.
GUILTY . Aged 19.— Confined Nine Months.
WILLIAM BERRALL . I am in partnership with my father, at 60, Marylebone-lane—we keep a shoe-shop. On 26th July I missed some boot and shoe upperleathers—these (produced) are them—some of them have our marks on them—the prisoner was in our employ about six weeks—we had a good cha-racter with him.
GUILTY . Aged 23.— Confined Two Months.
ELIZABETH COLLINS . My husband's name is Joseph. I was on Tower-hill, looking at the regatta, and felt something at my pocket—I did not take any notice at first; I then felt it again, put my hand to my pocket, and saw some person's hand drawn from my side—I felt, and all roy money, which was 1ld., was gone—I called a policeman—he took the prisoner, and took 11d. from his pocket, I swear to 2d. of it—I said there was a marked penny before he was taken—this is it (produced).
THOMAS BENDELL (policeman, H 217). The prisoner was given into my charge—the prosecutrix said she had a remarkable penny, dotted all round, with a mark in the middle, which she had taken a fortnight before at a cook's shop—I found it in the prisoner's pocket with 10d. more.
GUILTY . Aged 19.— Confined Three Months.
OLD COURT.—Saturday, August 25th, 1849.
PRESENT—Mr. Justice ERLE; Mr. Ald. COPELAND; Mr. Ald. WILLIAM HUNTER; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Fourth Jury.
GUILTY . Aged 22.— Confined Twelve Months.
Before Mr. Justice Erle.
1602. MARTIN HANSILL , was indicted for feloniously receiving, comforting, harbouring, maintaining, and assisting one Sarah Mills, knowing her to have feloniously sent to one Henry Bevan a letter, demanding money of him, with menaces, and without any reasonable or probable cause.—Other COUNTS, varying the manner of stating the charge.
MESSRS. BALLANTINE and HUDDLESTON conducted the Prosecution.
(Before the Jury were charged, MR. PARRY submitted that the Court had no jurisdiction to try the accessary, the principal not being tried with him, or having been convicted of the alleged felony, and there being no count charging any substantive felony. MR. THOMPSON (on same side) urged that the section (sec. 2., c. 46, of 11 and 12 Vic.) contemplated only two cases, viz., where the accessary was indicted with the principal, and where he was indicted for a substantive felony, which must mean apart and distinct from the principal; whereas, in all the counts of the present indictment, the charge was a joint one. MR. JUSTICE ERLE; "I do not think the objection is tenable. It appears to me that the words of the Statute 'may be indicted and convicted of a substantive felony,' must mean that the accessary may be brought to trial without the principal either being tried with him, or having been tried previously. The Statute was intended only to alter the course of trial, not to alter the law as to the crime itself, or the mode of describing it; and I am not aware that this offence could be properly described, without stating that the principal had committed the felony.")
HENRY BEVAN, ESQ . I reside at 4, Hamilton-place, Pimli'co, and have a country house at Twickenham. I have had a house there about fifteen years—I am not a member of the banking firm in Lombard-street, but my nephew is—I received these letters between 2d Sept., 1848, and 18th April, 1849, (numberedfrom 1 to 11)—I also received this (No. 12).
Cross-examined by MR. PARRY. Q. Are you a married man? A. I am, and have two children—I reside with my wife—I have visited at a place called Westbourne-terrace, and also at Hanover-gate—they are different places—I visited a lady there—I do not know whether she was a married woman—she might have been—I do not know anything of her husband—I have heard since that she was a married woman, but I do not know anything about it—she passed by the name of" Mrs"—I visited the same lady at the two places—I wrote a letter to Miss Mills—I think I wrote two.
MR. BALLANTINE. Q. Was that before she had written to you or afterwards? A. After she had written to me.
PETER PLUMLEY . I am a solicitor, residing in Moorgate. I know the writing of Sarah Mills—I have looked at the letters (produced)—I believe them all to be her writing, though some of them differ from writing I have seen of hers.
MR. BALLANTINE proposing to read the letters of Miss Mills, MR. PARRY objected to their being given in evidence as against the prisoner, they being mere written statements made in his absence and without his knowledge. MR. JUSTICE ERLE was of opinion that they would amount to evidence, to show the demand of money which was a fact to be found by the Jury.
The letters produced were here read; the earlier ones consisted of repeated and pressing applications to Mr. Bevan for a loan of 10l., representing the writer as an old neighbour, who had formerly resided at the Lawn, Twickenham, and seen better days, referring to several parties as to her respectability. The latter letters were as follows:—"81, West-street, King's-road, Brighton, Nov. 11.—Sir, May I venture to press upon your attention the favour of an answer to my applications for your assistance. Two months have elapsed since you promised it to me, and your silence will compel me to call upon you at Twickenham, where I shall be on a visit to some of my old friends. I need not, perhaps, do more than remind you that your visits to Hanover-gate, Regent's-park, are as well known to me as the one you paid at Westbourne-park, and both to married women. Your kind compliance with the repeated request of an old neighbour, who gave you references of the highest respectability would have prevented all further correspondence, added to which, I have done all you asked by letting you know I hare been for years a resident of respectability in Twickenham, and, I have the honour to be, yours, S. MILLS."—"Nov. 15, 1848.—Sir,—My communication to you being treated with the silent contempt I could not have expected from an old neighbour who commenced a correspondence, I beg to acquaint you how far you are likely to stand affected with your family and the world through your silence, and my knowledge of your immoralities. I know not how far it may suit your views to figure in a crim. con., but it has come to my knowledge the last week, that the husband of the lady whom you visited at Westbourne-park Villas, (when I was under the roof) not intending to live again with his wife, would by my evidence get rid of her, through what I am pre-pared to swear, and which will, if done, not be agreeable to yourself; the lady, as you doubtless know, being the mother of two children; however, I write to tell you of my first intention, which is to insert a paragraph in a Sunday journal, a satirical paper, in which your name shall conspicuously and unmistakeably figure, and unless I hear from you by the Saturday in this week, or the Saturday in next, your name will appear, and copies be sent to Mrs. Bevan, and many of your friends. Such is unhesitatingly my determination—truth only shall be stated, but that fully, if stated at all by an old neighbour; and, I am, Sir, yours, S. MILLS."—"81, West-street, Brighton. Sir,—I told you your conduct and correspondence with me should appear in a Sunday journal, and I now beg to state I hope to be in town next week in time to have some conversation with an Editor to whom your letters will be given, and, as I intend, for publication, I shall send a copy of
your last letter to me to Mrs. Bevan, and tell her the gentleman who accompanied a lady to Westbourne-park Villas was no other than yourself, nor will I hurt your sensitive feelings further than by telling you I know you received a lady separated from her husband at your residence in Hamilton-place, and when; this may be intelligence you may not object to go to your wife and daughters, but it will most certainly be sent. You have no right to treat an old neighbour who gave you the best references as you have done me, and unless you send what you promised, if I gave you an account of my circumstances, and that at once, you shall see yourself in print, and your family and partners shall see it too. The next communication I shall send to Mrs. Bevan. I should think she will be charmed with a copy of your letter. Yours, S. M."
RICHARD RATCLIFF . I am clerk to Clarke, Fynmore, and Fladgate, the attorneys for the prosecution. I purchased these three papers of 31st March, 7th April, and 14th April, at the office of the Satirist, in Catherine-street—I also produce a copy of a declaration filed at Somerset-house—it was signed by Mr. Stevenson, in my presence.
Cross-examined. Q. Where did you get it? A. From Mr. Stevenson, at the Commissioners of Stamps' office, Somerset-house—I know Mr. Stevenson, he is one of the Commissioners—I saw him sign it (this being read, was a declaration of Martin Hansill, that he was the printer, publisher, and sole proprietor of the Satirist)—(the paragraphs in the answers to correspondents in the papers of 31st March and 7th April were here read, "Old Sam. Rogers is not the only banker who is beset by clamorous ladies. Old Rogers calls in the aid of the police, as the reports of last week show; a very wealthy Lormbard-street banker, on whom we have our eye, tackles the importuning petticoats in a different fashion. He answers their letters in a style of reproof quite unique in its way. We shall give a selection from a collection of epistles before us, which will excite some astonishment, just a little risibility at Twickenham and the Regent's-park. If they do not exactly 'point a moral,' as perhaps the
'man made of money' would desire, they will 'certes, adorn a tale'"----"OLD NEIGHBOURS. (Mr. B.) the wealthy banker's cavalier treatment of certain parties assuming this position, is peculiarly amusing. Some correspondence is before us, strangely illustrative of how business is done by great City folks out of civic circles"—"LYNX is not far wrong. Old B. is the man. Our corre-spondent in other respects misunderstands our motives. We pause not from any consideration about 'the man made of money,' but to find whether the same course which it is plain he has pursued in one case forms his general rule of conduct The sole interest we take in such matters, is to show wealth that it cannot stifle the exposure of secret profligacy; which, when we are once assured of sufficiently to unmask, shall not pass unchecked by our censor pen. Let all galled jades wince, we have nought to do with them. In a little time we shall give the information contained in certain papers in our posses-sion, publicity. We only wait to go fully armed into the field."
THOMAS GEORGE FYNMORE . I am a partner in the firm of Clarke, Fynmore, and Fladgate, the solicitors acting for Mr. Bevan. In consequence of a communication I had with Mr. Bevan, I went on 13th April to the office of the Satirist newspaper, and in consequence of information which I received there, I went to 7, Bennett-street, Blackfriars—I there saw the prisoner—I asked him if he was the proprietor of the Satirist newspaper—he said he was—I then told him that I waited on him, in consequence of certain paragraphs which had appeared in the "Notices to Correspondents"—I had
at that time seen the articles which appeared in the Satirist newspaper on 31st March and 7th April—I cautioned him against continuing a correspondence of that description, otherwise proceedings would be taken against him—he said that nothing libellous had appeared; he would take care that nothing libellous should appear—I asked him if he had any letters in his possession, the letters alluded to—he stated that he had, and that they were sufficient to fill twenty columns in print, the publication of which would commence in the following Saturday's paper, that would be on 14th April, the next day—he showed me a number of the Satirist, and pointed out to me "The Life and Adventures of Captain Aaron Smith"—I do not recollect the date of that paper—he said that was the mode in which the publication would appear—I asked him if he had received the letters from a female—he said, "No, from a male"—he then stated that a female had called on him on 2d April, wishing to see him on the subject of the letters alluded to in the paper of 31st March, but that as she refused to give any name, he declined seeing her—I asked him whether the publication of the letters could be stopped—he said he should not recommend me to make any attempt of that sort—I told him that I was not authorised by Mr. Bevan to make any attempt to get the letters back, but that probably he might be prevailed upon to submit to a little extortion to prevent the publication—he recommended that I should not attempt anything of the kind—he said the publication would commence on the following day, upon which I requested it might stand over for a week to give me an opportunity of seeing Mr. Bevan on the subject—he said he would consent to that—I then left him. (The following paragraphs from the Satirist of 14th April were here read:—"INQUIRY—we shall in a very short time commence the matter you mention by a series of letters entitled" The Banker and his Doings.' The matter will run on for seven or eight weeks, as we have some four or five important letters which we shall publish, bearing out the facts we shall give. We need not add that the matter will create immense sensation, both in town and country; as to this, R, all the facts communicated were within our knowledge, and a great deal you appear not to know."—"Q. must have patience. The correspondence of the amorous old banker with his fair friends, and their extraordinary epistles, are preparing for publication, and we shall shortly commence the series. The figure the liquorish old Lombard cuts is highly amusing, and the teasing yarns, such as damsels of a certain class can alone spin, will be found instructive to aged gallants, whose passions are apt to o'erstep their prudence; if the exposure will make only one old sinner pause in his career, our object will be gained." On the Monday following the 16th, I received this letter (No. 12) from Hansill—(read:—"The Editor of the Satirist, according to promise, informs Messrs. Clarke and Co. that the first of the articles referred to in last Friday's conversation, will appear next week; he also begs to state that Miss Mills' address is 18, Upper Montague-street, Montague-square. The Editor of the Satirist will to-morrow (Tuesday) leave town for a week or ten days, and cannot be seen by Messrs. Clarke and Co. on this matter except between the hours of one and three o'clock this afternoon.—Monday morning, nine o'clock, 7, Bennett-street.") Before I received that letter, I had an appointment to see Miss Mills, and 1 went to 18, Upper Montague-street, according to the appointment—I saw Miss Mills there—I had asked Hansill for Miss Mills' address, and he said he did not know it—I did not see Hansill after my interview with Miss Mills—on 18th April, I received this letter (No. 13) from Hansill—(read—"7, Bennett-street, April
18th, 1849. Gentlemen,—The gentleman of your firm who called upon Miss Mills on Monday, is requested to call here this afternoon between three and five o'clock. Yours, obediently, MARTIN HANSILL.") I wrote, and sent the following answer;—"18th April. Sir, I shall be prevented by other engagements from calling upon you this afternoon, but will let you know when I can call." I subsequently saw this letter of 18th April which had been sent to Mr. Bevan (No. 15)—(read:—"7, Bennett-street, April 18th, 1849. Sir, I have made two attempts to see your solicitor respecting the 'Notices to Correspondents' that have appeared in the Satirist newspaper; and to-day Mr. Fynmore writes me that he can't see me to-day. I therefore beg most distinctly to inform you that I shall for the future decline seeing your solicitors respecting this matter. I am open to see you from seven to ten on this evening, and from eight to nine to-morrow morning, after which time I shall decline seeing either you or other persons respecting this matter, which must take its course; my object in wishing to see you was to render you a service no other person could render, which I even could not render after the first of the series of letters appears; as in this letter one of your letters will be given, in which you refer to Mrs. H., also to Mrs. Laurie, of Hyde-park-square, and the doings at Westbourne-park Villas, by seeing me yourself this evening. These letters may be handed over to you, and the matter arranged; but I need not add, if the first letter appears I shall then not be in a position to keep back the others; you are at perfect liberty to show this letter to any one, but if you act wisely you will see me this evening. I will see no person but yourself, and advise other parties to do the same. I am, Sir, yours obediently, MARTIN HANSILL.") On that same day I received a letter from Miss Mills.
Cross-examined by MR. PARRY. Q. Certain letters of Miss Mills's have been put in evidence, did you receive these letters from Mr. Bevan, your client? A. Yes, I do not know whether they had been in his custody from the time he first received them—I had but one interview with Mr. Hansill—my object in going to him was not to pay a sum of money to prevent the publication of any letters that had been written by Mr. Bevan—I did state that although I was not directly authorized by Mr. Bevan, still I thought he would submit to a little extortion—I meant what I said—I meant that a sum of money might be paid to put a stop to the publication in the Satirist—if Hansill had acceded to that I should not have given him a sum of money at that time—I should first have communicated with Mr. Bevan—it was my intention to convey that to Mr. Hansill's mind—I said "in the event of my client being induced to entertain the idea of a compromise will you be the medium of endeavouring to effect it"—I made that application to him, in consequence of his having advised me not to have anything to do immediately with the parties—I do not know that the word "immediately" was used—I followed that up by asking if he would be the medium to effect the compromise—he said decidedly, no—I did not convey to him that I would bring an action against him for libel; I meant that I would proceed by indictment—he said if an action was brought he would justify—he also advised me to indict any parties who attempted any extortion—I do not remember that he referred to a letter Mr. Bevan had written to Miss Mills—he did not say that an apology was wanted for a grossly insulting letter which Mr. Bevan had written to Miss Mills; I do not think anything of the kind occurred—he did not say he had seen Miss Mills—he said a female had called, but he declined seeing her, as she would not give her name—he did
not say he received the letters from a female—he did not say Mr. Befan had written a letter to a lady calling her a "bore," nothing of the kind—I said if he had the letters he represented they must be forgeries—the subject of my interview was the letters written, or alleged to be written, by Mr. Bevan—my interview was to prevent the publication of any letters in the Satirist, and to obtain them.
MR. BALLANTINE. Q. You say he advised you to have nothing to do with the parties; what had been said about the parties? A. Nothing, except that I applied to him to know if he could give me a clue to the parties who had given him the information, and it was then that he advised me to have nothing to do with the parties—the interview ended by his consenting to keep the letters out for the next Sunday—it was after that that I received the letter from him requesting an interview, which I declined.
MR. PARRY submitted that there was no case to go to the Jury, there being no proof of the publication of the letters by Mills; and further, that to sustain the charge against Hansill as an accessory, a personal aiding of the principal to escape from justice must be shown.—See The Queen v. Chapple, 9 Car, & Payne, p. 355, and Central Criminal Court Sessions Papers, vol, 27, p. 169. MR. BALLANTINE, with respect to the second objection, (the Court deciding against the first,) contended that any assistance to the principal towards accomplishing the intended object would be sufficient, MR. HUDDLESTON urged that the word "assisting" did not necessarily mean an assisting to escape from justice, but any aid offered to a felon after the commission of the crime, such as destroying the inditia of guilt, interfering with the evidence, or making the acts of the principal available for the purpose intended; but even if an assisting to escape from justice was necessary, it was a question for the Jury whether that was not made out by the act of endeavouring to compromise the felony, and so preventing criminal proceedings being taken against Mills. MR. JUSTICE ERLE was of opinion that some act should be shown tending to the escape of the principal; and the question was whether, upon the ground taken by Mr. Huddleston, the acts of Hansill did or not tend to impede the prosecu-tion of Mills for the offence she had committed, MR. PARRY considered it would only amount to a composition of a felony. MR. JUSTICE ERLE would, if necessary, (by consent) take a special verdict upon the facts, and reserve the point for the consideration of the Court of Appeal.
MR. PARRY to MR. BAVAN. Q, Were the letters Miss Mills wrote to you ever out of your possession till you delivered them to Mr. Fynmore. A, No.
MR. PARRY to MR. FYNMORE. Q, Did you consent to abandon the prosecution against Mills, on her pleading guilty to the misdemeanor. A. No; I made no arrangement whatever with her as to her pleading guilty to the misdemeanor, nor with her Counsel, and I am not aware that anybody did—I am not aware that the prosecution for the felony was abandoned upon her pleading guilty to the misdemeanor, and I am not aware that any arrangement was made; none has been communicated to me—she was not tried for the felony, because she pleaded guilty to the misdemeanor.
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
Louisa lived with us. On the night in question I came in and found my father and mother quarrelling—I do not know what about—I was frightened, and went up-stairs to call my sister Louisa—I had not seen them do anything—when I came down, I saw my mother on the floor, bleeding from her head—the poker was at her head—I took it—I do not know whether the point was in her head or at her hair—there was a fire in the room—when I went up-stairs they were both sitting, my father with his back to the fire, not far from it—I went out to fetch Mrs. Wren.
Cross-examined by MR. COOPER. Q. You have always lived at home with your father? A. Yes, he has always been kind to me—lie is a twine-spinner—there are five of us.
SARAH WREN . I live facing the prisoner—the deceased came to my house on this evening, and shortly after she left I heard them quarrelling—their eldest daughter was in the familyway, and I heard the prisoner say to the deceased she was a complete walking-newspaper, and the neighbours were always looking after her—he said she had been talking about it—she said, "No, I have not; the neighbours can see pretty plainly without my telling them"—he said, "She is mine, and I will not see her lost for you"—(I understood that he would see her through her confinement—the mother did not mean to abandon her—I heard her say she would act a mother's part, and see her through her trouble)—in five or ten minutes afterwards the younger daughter came oyer to me—I went and found the deceased on the floor, with blood running from her head—the prisoner was there—I said, "Oh Mr. Ward, what have you done to your poor wife?"—he said, "I have struck her over the head with the poker, but I did not intend to do it"—she was alive, but insensible—I picked the poker up and threw it inside the fender—it had laid inside a chair at the side of her head—I asked him if he would give me a little water to wash the wound—he said, "Don't take cold water, have warm water"—he made some water warm, and got a bit of rag and wiped the blood from her head—he then went out, and I saw no more of him.
Cross-examined. Q. Have you known him some time? A. Five months; he is a hard-working, industrious, civil man—I never knew him to give a neighbour a cause of quarrel; he is a good father, and was kind towards his wife, as far as I know.
LOUISA WARD . I am the prisoner's daughter, by his first wife. I saw the deceased on the floor; the doctor came, and after that I saw my father—he asked me if I had hid the poker—I said, "No"—and he told me to go and hide it—I put it behind two boxes—I saw the body at the hospital—my mother's name was Sarah Ward.
Cross-examined. Q. You lived with them? A. Yes, all along—they quarrelled about me, my mother did not want me to be confined in the house, and my father wanted it—he had been out that day, and she had been after him—I was in bed when she came home, and did not hear the quarrel—this is the poker (produced).
EDWARD HUMMELL (policeman.) About a quarter to eleven o'clock I was called, and saw the prisoner's wife lying on the floor—I went away, came back and took the prisoner, he had a book and pencil in his hand—he said if I would allow him to make out his account for his daughters to get the money for his work, he would go quietly—he said to the eldest daughter," This is all through you, it is your fault this has occurred"—I asked him where the poker was, he said he did not know he had a poker—in going to the station he said he thought he struck his wife with his fist, he did not believe
he did it with the poker; that his eldest daughter was by bis first wife, and that caused the dispute—the woman was taken to the hospital.
JOHN BEVAN (policeman.) I went to the house, and found the deceased's cap, here is a bole in it as if burnt—the wound in her head corresponded with it—here is blood down the cap string—On Saturday morning I found this poker behind some boxes in the front bedroom, here is some hair on it.
CHARLES HARPER . I am house-surgeon at the London Hospital. On Saturday morning the deceased was brought there—I found on the left side of her head an opening which communicated with the brain—there was a circular piece knocked out of the skull—that was the cause of death—I think this poker would have produced it, with a thrust, or it might, possibly, if thrown—she died at twelve o'clock on Saturday night—she did not appear sensible after she came.
(The prisoner's statement before the Magistrate was here read " I had had two or three pots of ale, it quite overcame me; I did not know what I did; I do not recollect anything of shying the poker at her.")
MRS. WREN re-examined. He appeared sober, and to know what he was about.
GUILTY of Manslaughter. — Transported for Ten Years.
NEW COURT.—Saturday, August 25th, 1849.
PRESENT.—Mr. Ald. MUSGROVE, and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged 22.— Transported Seven Years.
1605. WILLIAM FREDERICK WILLIAMS and EDWARD GAMBLE , breaking and entering the dwelling-house of Jacob Nash, on 14th July, in the parish of St. Luke, and stealing 60 cheroots, and other articles, value 20s. 6d., and 144 farthings; his property: Williams having been before convicted.
MR. ROBINSON conducted the Prosecution.
JACOB NASH . I keep the Jack of Newbury public-house, in Chiswell-street, in the parish of St. Luke. On Saturday night, 14th July, I fastened up my house, aud went to bed about half-past twelve o'clock—(Williams' house is about three-quarters of a mile from mine)—I was alarmed by the police, and came down between four and five—I found a large drawer had been pulled out, and biscuits and cakes thrown on the floor—I missed three shillings' worth of farthings, a tin can, and two bar-bottles, which contained port and sherry, about a quart or three pints—I missed from a half to three-quarters of a pound of cigars—this is the bar-bottle that contains port, and these are the fragments of the bottle that contained the sherry—these cheroots produced resemble mine, they are Bengal cheroots and Mexicans.
Cross-examined by MR. O'BRIEN. Q. Is there any private mark on these bottles? A. No more than this one having "cloves" written on it—they had belonged to the house, and we used them instead of purchasing new ones—we had a great many, but only those two were in use for this purpose—these cigars look like those I had—I had them from themanufactory two doors from me—the Mexicans ran a little longer than my cigar-box was, and I had to cut a bit off the end of them.
ALEXANDER WEBB . My father is a gas-lighter. On the morning of 15th July, I went to put out the lights—about three o'clock, I was in Bride-place Shoreditch—I saw the two prisoners, and a young woman and another man—Gamble was sitting on a form, and Williams was standing with a bottle under his arm—I went down the turning—I said, "Good morning"—Williams asked me if I would have anything to drink—I said I did not care if I did—he gave me the bottle, and said it was beer—I tasted it, and it was sherry—I gave it him back, and he said, "We are the b—y fellows that can do it; we can get wine, while others get beer"—after I gave the bottle to Williams, he gave it to Gamble; Gamble was giving it back to him, and it dropped, and broke—Williams asked me if I would have a cigar—I said I did not mind—he put his hand in his pocket, and pulled out about a dozen—he gave me one—they were about the size of the cigars which are here—Williams lives in that place, I believe his name is on the door—I went with the policeman, and pointed out the house to him.
Cross-examined by MR. O'BRIEN. Q. Were there many people about? A. A man and a woman, and the two policemen—I did not stop above three or four minutes—the policemen came round the corner, and I went away—Williams was making a great noise—he appeared to be drunk.
GEORGE CLAMPITT . I reside in Bride-place. About half-past three o'clock that morning I heard a noise, and went down—I saw both the prisoner's drinking and smoking—I called the policeman's attention to the noise—Williams was given in custody, and Gamble went away—Williams was abusive, not only to me but to the neighbours—I went back, and found about twenty-four cigars on the spot where Williams had been, and a broken bottle—there was a noise by a smashing of glass, which awoke me.
WILLIAM KING (policeman, H 83). I saw the prisoners there—Gamble went away while I was struggling with Williams—Mr. Clampitt gave charge of Williams—I found on him thirty farthings, and some cigars—I returned back to the place, and found these pieces of a bottle.
Cross-examined by MR. PAYNE. Q. The charge against Williams was for being riotous? A. Yes.
JACOB JENKINSON (police-sergeant, G 53). I took Gamble into custody on the Monday morning—I found in his pocket these two cigars, which correspond with the others which are produced—when I took them out of his pocket, he said, "I can tell you where I bought them."
Cross-examined by MR. PAYNE. Q. Did you ask him where it was? A. No.
Williams's Defence. On that Saturday night I was in a public-house next to the City of London, till the house closed—on my return, I went into a coffee-shop opposite the Railway, and had some coffee and bread and butter—being intoxicated, I fell asleep, and awoke at three o'clock on Sunday morning—I got up and went out, and as I was going down Bride-place, a man tapped me on the shoulder, and asked me to purchase some cigars and some wine—I asked him to let me look at them, and he did—he wanted eight shillings for them, but he agreed to take six shillings—I gave him three half-crowns, and he gave me in change one shilling and thirty farthings.
former conviction at this Court—(read—Convicted November, 1848, confined four months)—he is the man.
WILLIAMS— GUILTY . Aged 19.— Transported for Ten Years.
GAMBLE— NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
SAMUEL PARSEY . I am a hosier and glover in Piccadilly, in the parish of St. George, Hanover-square; the prisoner was servant to a lady who lives in the house—I had missed a quantity of property from my shop when no one but the prisoner was in the house, and when I had locked my shop door I called in the policeman, and we found handkerchiefs, braces, and other things of my property in the prisoner's box.
Prisoner. I have been more living with the prosecutor than anybody else, because my mistress has not been at home; I was in the shop with him; we were intimate together.
SAMUEL PARSEY re-examined. I deny that; she was not in the shop with me, without she was sent to buy a pair of gloves—I never gave her authority to take any of these things—she had not access to the shop, because I always locked it at night, and kept the key in my pocket—I cannot tell how she got into the shop, without she opened my locks—one was a common lock on the door, and the other a padlock—I am not married. (The prisoner's statement before the Magistrate was here read u I did take them, Sir.")
GUILTY . Aged 21.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
1607. WILLIAM WILLATTS , breaking and entering the dwelling-house of Henry Knight, at St. James', Clerkenwell, and stealing 16 pairs of gloves, and other articles, value 20l., 4 half-crowns, 10 shillings, 12 groats, 120 pence, and 120 half-pence, his property.
HENRY KNIGHT . I live at 27, Exmouth-street, in the parish of St. James's, Clerkenwell. On the night of 8th August, I went to bed at twelve o'clock—I left my shop perfectly safe; it had been closed before nine, but I was there afterwards—at a quarter before seven in the morning I was called down, and found my shop all in confusion; boxes were emptied and strewed about, and a great number of things were packed up, ready to take away—the silver money was gone—it consisted of half-crowns, sixpences, and shillings to the amount of twenty-four shillings—the copper money was left behind.
Cross-examined by MR. PLATT. Q. Describe the state of your shop? A. The front has been brought out over the garden—there is a lead flat over he shop, and a skylight in the roof, that had been lifted up, the iron bars forced away, and some person had got in—I do not know the prisoner—I missed 1l. 4s. in silver.
seven o'clock—I went into the back-yard, and called Miss Knight—I saw her struggling with the prisoner in the passage—he struck me in the face, and got away—I had seen him before—he worked for the shoemaker next door—I knew him well.
Cross-examined, Q. How long had you to look at him? A. Two or three minutes—I laid hold of him to try to stop him, and I received a blow in the face from him—I am sure he is the man.
MISS KNIGHT. I received information—I ran down and saw the shutter down from the window—the window was open, and the prisoner in the shop—I asked him what business he had there—he did not say anything, but rushed out of the window and got away.
Cross-examined. Q. Did you know him before? A. His face was familiar to me—I did not notice his dress, but I noticed his face—I went before the Magistrate.
(The prisoner received a good character.)
GUILTY . Aged 39.— Confined One Year.
1608. JOHN BROAD , breaking and entering the dwelling-house of John Folley, at St. Leonard's, Shoreditch, and stealing 8 yards of printed cotton, and other goods, value 9s. 6d.; his goods: having been before convicted.
SUSAN FOLLEY . I am the wife of John Folley, of Matthew-street, Shoreditch. I know the prisoner by sight—he has come backwards and forwards, and has gone to work with my husband—on 20th June I left home at nine o'clock in the morning, to go to a day's work—I did not return till tea in the evening—I then found the window had been broken, and my gown and other things were gone—they had been safe when I left home.
Prisoner. Q. Have you not known me seventeen or eighteen yean, and was I not working over the water? A. You went backwards and forwards with my husband—I never knew you to take anything from me before.
MARY ANN COLLYER . I live by the prosecutor's. I heard the breaking of glass—I went out—I saw the prisoner open her window, and get into her house, about four o'clock in the afternoon—after he came out again, he came to me, and left word for me to tell Mrs. Folley that he had been there—I knew him before.
Prisoner. Q. Did you see me? A. Yes, with a bundle under your arm, but I do not know what it contained—you had no bundle when you went in.
Prisoner. This is all done out of spite.
GUILTY .† Aged 24.— Transported for Seven Years.
JOHN SULLIVAN . On 5th Aug. I shut up my dwelling-house at five o'clock in the afternoon—I was called between seven and eight in the evening by my son—my house was then broken open, and the property stated was
gone—this is it (produced)—the prisoner is a journeyman, working under me—I had paid him his week's wages on that Sunday morning—he came to work next morning, and I discharged him.
Prisoner. You stated there was no light, and you could not see me. Witness. I did not—I could see you—there is a window that faces the stairs.
DENNIS KALLAHAN . On that Sunday night, about twelve o'clock, the prisoner came to my house for a lodging—he produced these three boots, and said he had been at work all day since he left the house in the morning, and bad had no food—he asked me to lend him a shilling on the boots, which I did, and the next morning I told him I should pawn a pair of boots if he did not come back—these are the boots he gave me.
Prisoner's Defence. I called for a pint of beer in a public-house, and a man, who seemed like a shoemaker, came in with a bundle, and asked me to mind it, which I did; the publican came and closed the house at twelve o'clock, and I took the bundle home; I meant to take these boots to the public-house next day; there are four more men work for the prosecutor.
GUILTY . Aged 30.— Confined Nine Months.
MESSRS. CLARKSON and ROBINSON conducted the Prosecution.
JOHN PASSMORE MUMFORD . I am Superintendent of police at St. Katharine's Docks. About ten o'clock in the morning, on 25th July, I saw Cook in the Docks, drawing samples from-casks—I saw a tray resting on the cask to his left—Williams was standing between two cases to his right—Cook drew a sample from a cask, the last, or last but one, and be handed it to Williams, who put it into his pocket, which attracted my notice—he turned to the right, and walked off—I followed him—he went into the locker's box—I asked him if he had a pass for that—he said, "No," and he said, "Don't take any notice, it will ruin me"—I took him back to where Cook was—I said, "I saw it done; call him"—Cook came, and said, "It is all right, he is one of our people, going to take it to the Dock-house"—I took them both to the Dock-house, and, while there, Williams said he would tell me the truth, that Spry told him to get it—this is it—it is a Customs' bottle; there is no label to it—I believe Spry is connected with the Customs, he is a locker—on the other bottles there was a label, showing what cask the brandy was drawn from—Williams did not say a word to me about any broken bottle—I had not noticed any other sample taken from this particular cask—Williams seemed to be hiding between the two cases.
Cross-examined by MR. PARNELL. Q. Is your duty in the Dock? A. I am employed by the Dock Company to superintend their police—I have been there nearly four years—I have not noticed the prisoners there more than twelve months—one of those cases was much higher than either of the prisoners; the other was about four feet high—Williams had not a tray with him when he walked away—he went to the locker's box—I did not see a tray at the locker's box containing twelve samples—I do not know what Williams had been about before—we have no place appointed for rum casks—there might have been rum on the quay—I believe the locker's box is not the proper
place to take anything for security; I think it is not n place where men leave things for security—this hottle was lying flat in his pocket—I was never in any scrape at the Docks—I never heard of attempting to pass tongues without duty—I do not know that I know Spry—I know Mr. Hammond; he is a gauger; it is his duty to give out sample bottles.
MR. CLARKSON. Q. How long have you been in the service of the Company? A. About four years; I was recommended by the Commissioners of Police—I have been in the police thirteen years—I never had a charge made against me in my life—the tray in which Cook was sampling was resting on the tier of brandy casks from which he was sampling—it was in the same place when I brought Williams back, and Cook was putting the bottles into it—he had left it when he gave Williams this bottle, and went in a contrary direction.
RICHARD ZOUCH TROUGHTON . I am an inspector of gaugers at the London Docks. I was on duty on 25th July—Cook was employed as a sample-drawer that day—it was his duty to get the number of bottles that were given out to him by the gauger—he takes them into his own room and labels them according to the sample he has to draw—he then goes out to draw them, and it is his duty to mark on the cask the number he draws—he then puts the bottles in the tray and takes them to the office—he generally carries them all in his tray—he is not authorised to put any in his pocket to carry away—if he had more than his tray would hold, he might put one in his pocket to carry it to the office.
Cross-examined. Q. How long have you known Cook? A. Seven or eight years; I am informed he has been employed in the Docks thirty-five years—Williams has been there but a short time—the bottles are given out by the officer at the proof-room; they have then no label on them—he would then take them to the sample-room and put on the labels, and then take them to the casks and draw the spirits—if one bottle breaks, he would draw another—it would be his duty to take the broken pieces and the fresh bottle to the proof-room, and explain the circumstance—I do not know what Williams's employment was that day—I fancy he was assistant sample-drawer to Cook—there is no separate quay for the rum—the trays are of different sizes; they hold one dozen, two dozen, or three dozen bottles-Spry keeps the locker's place—men leave things there for security—supposing such an accident to happen on the 24th, as to break a bottle, and on the 25th Williams had required an extra bottle, there would have been nothing wrong in his leaving that bottle at Spry's while he got another label.
CHARLES RYMAN (policeman, H 95). The prisoners were given into my custody, on a charge of stealing three gills of brandy—on the way to the station Williams said it was a bad job, and he was sorry for it—Cook said, "Yes, it is; I expect it will cause a great deal of bother."
MR. PARNELL called
----HAMMOND. I am in the proof-office at St. Katherine's Docks.
I was so on 24th and 25th July—I have known Cook seven or eight years; and Williams about two years—they have been well-conducted men whom I would trust with anything—I give out orders and sample-bottles without labels—they are labelled by the men afterwards—supposing a bottle is broken, it is allowable to take another bottle and fill it—that is frequently done without a label, to facilitate business—the bottle would then be taken to the
sample-office and have a label—on 25th July, Williams was out with Cook taking brandy samples.
MR. CLARKSON. Q. You have not been intimate with these men? A. I have had them under me; I think Cook has told me he lives at Rotherhithe—when a man breaks a sample-bottle it is his business to produce the pieces to the person who gives him another bottle—I do not recollect that Williams brought to me any pieces of broken bottle on the 24th or 25th—I do not recollect that he did not—I cannot tell that he brought any broken bottle on the 24th.
MR. PARNELL. Q. When would he bring the broken pieces? A. On the following morning; he would bring the new sample in with the other samples, and produce to me so many empty bottles, so many full ones, and a broken bottle or two to make up the account—it is the duty of the sampler to put the labels on his bottles before he draws it—they often do not do soin case of a broken bottle, they put it in without a label—the time for his bringing to mc on the 25th had not arrived—if a person had been engaged in drawing sixty samples the day before, he would have no difficulty in taking a bottle without a label and filling it from the same cask—the boxes in which the samples are put, are in different compartments, and supposing No. 5 had been the one broken, that would be the space left in the sample-box.
JAMES GOODWIN . I am a weigher in the Customs, and have been for nine years. I have known Williams about twelve months—he had a most excellent character—I have known Cook ever since I have been in the service—he has borne a good character—I recollect Williams being in the proof-room on 24th July—he was assisting me in stowing away brandy samples—they were in bottles of the size of this produced—he broke one in assisting me—these are the broken parts of it (producing them)—it was early in the morning—he was assisting me—there were fifty or a hundred bottles stowed away—they were all marked with the same labels as these—any one who had drawn one of these the day before, would have no difficulty in knowing what, he drew it from—it is not unusual for bottles to be broken, and when they are broken, men take fresh bottles and get samples.
MR. CLARKSON. Q. You have very carefully wrapped up this bit of broken bottle, did you take it to the Magistrate? A. No; I brought it from the shelf where it was this morning—Williams was employed on the 24th in sampling brandies—he broke this bottle early in the morning, before he began to sample—this was part of a stock that was stowed away that day—this had nothing to do with his sampling that day—each cask has its number and mark, differing from each other, and from each they take one sample, and sometimes two.
COURT. Q. On the morning of the 24th this bottle was broken? A. While he was assisting me he broke this bottle—I told him he was liable to be laid before the Board if that sample was called for—I heard on the 25th that he was in trouble—I did not go and take this; I never was asked about it.
JURY. Q. In the event of a bottle being broken, and his taking another, would there be a necessity to do it in a clandestine manner? A, No; he did not bring another bottle to replace the one he broke.
MR. PARNELL. Q. Were there not a great many more bottles with precisely the same label on as this? A. Yes, there were ten of this lot and this mark.
a child—he had a good character—I recollect him being at the lockers' office on the morning of 25th July—I saw his tray, it contained twelve empty sample-bottles—it was full, there was no room for another bottle—while the tray was there, I saw him with the officer Mumford, and when they were at the door of the locker I heard Mumford ask Williams what he was going to do with the sample-bottle—he said he was going to leave it in charge of the locker, while he was drawing twelve export samples—I did not hear the name of the locker mentioned—I do not think my name was mentioned—I kept the locker office for eleven days this last time—men are in the habit of leaving things with me for safe custody—if he had left it, I should have thought it proper, and considered myself responsible for it.
MR. CLARKSON. Q. How far is your office from where Mr. Goodwin was? A. I do not know where he was—my office is about a gunshot from his office.
NATHANIEL STEVENS . I know both the prisoners, they have had good characters—I am a gauger in the brandy quay—on 23d and 24th July Williams was drawing samples—I remember on 25th seeing a tray of empty bottles—when a bottle has been broken, the men have sometimes come to me to ask me for one—I should hand them one, and they would return that sample the following day—they would label it when they arrived at their proper office—if they had broken one, they would take it up without a label—I frequently send samples up without labels.
MR. CLARKSON. Q. Did Williams come to you on 24th for another bottle, because he had broken one? A. No—I do not remember that he did so on 25th—we do not want more than one sample from each cask—there is only one import sample allowed from each cask, and one export.
MR. PARNELL. Q. Did he come for a bottle on 23d? A, I cannot say whether he did—sometimes he came two or three times a week—he was in the habit of coming—he keeps a book to enter sample-bottles—he would enter in the book the account of the broken bottles.
COOK— GUILTY .
WILLIAMS— GUILTY .
Recommended to mercy by the Jury— Confined One Year.
MARTHA STAKER . I live in St. John's-wood, in the service of Mr. Price. I was living at 16, North-street—the prisoner took apartments for me as my brother—I was living with him—he promised to marry me in a fortnight—he came to me on 14th June, and said he had got a watch in pawn—he asked me to lend him five sovereigns to get it out—I went and got the purse from my box—there were twenty-eight sovereigns in it—he took the purse from my hand and counted them, and said, "Is this paltry sum all you have got? I want your bank book"—I said, "I have no bank book"—he made no reply—he put the money into his pocket—it was about eight o'clock in the evening—he did not go anywhere that evening, we went to bed—he went out the next morning, and brought home a gold watch, a gold eye-glass, and a ring—he said he had pawned them because he had lost 100l. at the races—I did not give him these sovereigns, nor authorize him to take them in any respect—he asked me to give him five, and he took the purse and all from me.
Cross-examined by MR. O'BRIEN. Q. How often had you seen him before you went to live with him? A. Several times, two or three times—I did not live with him as his wife—I went to live with him as his sister—I was
out of place when he met with me the second time, and we went to take a room in North-street—we slept together—we lived as man and wife for a month afterwards—we left that lodging and went to another.
COURT. Q. How came you to live a month together after he got the money? A, He said he would marry me, but he put it off because I could not read or write.
JOHN CUTTING (policeman, D 38). I took the prisoner on a charge of stealing these sovereigns—he said he knew nothing about it, and another day would prove it—on the last examination he said that the woman had no money.
MARTHA STAKER . On 5th July I was living in Cadogan-place. I had three gowns and other articles in my box, and a 10l.-note was on the table—the prisoner was there—these things were gone in the morning—some of the articles are here now—these are mine, but they are not all I lost.
Cross-examined by MR. O'BRIEN. Q. After these things had been pawned did the prisoner bring the tickets to you? A. Yes, I could not read—he said they were property of his—he left me on 8th July—I did not miss the articles till he was gone—I asked Mrs. Gardner to read the duplicates to me.
COURT. Q. Were these the produce of your earnings in service? A. Yes.
Cross-examined, Q. Had you seen the prisoner before? A. Yet; I knew him well.
GUILTY . Aged 40.— Transported for Ten Years.
(There were two other indictments against the prisoner).
JOHN COMFOBT . I am an upholsterer, and live in Wells'-row, Islington. On Friday, 20th July, Mary Wright came to my shop, and bought some oilcloth, which came to 9s. 2d.—I sent it to Laburnam-cottage—John Wright came and paid me for it—on the Saturday, in consequence of what my wife told me, I took a loo-table and an easy chair to Laburnam-cottage, for approval—I saw Richards—I told her I had brought the chair and table for Mr. and Mrs. Wright to see—she said they had just gone out for a walk, they might be an hour, or an hour and a half—I told her I would call on Monday morning, and if they used these things on Sunday they were to cover them up, for if they scratched them I could not take them back again—I left the goods—I went again on Monday afternoon for them, and the house was closed—I traced the prisoners to the Grove at Hackney—I knocked at the door of a house there—Richards opened the window—I asked her for the chair and table she took from Laburnam-cottage—she said she did not know Laburnam-cottage—I told her my name—she said she neither knew me nor Laburnam-cottage, nor anything about it—I afterwards found the prisoners were taken into custody—I went with the officer to the house in Hackney-grove, and found the chair and table in the front parlour.
Cross-examined by MR. O'BRIEN. Q. Don't you know that Richards was servant in the house? A. I took her for the servant—I asked her for her master and mistress.
MARGARET COMFORT . I am the wife of John Comfort. On Saturday, 21st July, John Wright came to our shop—he paid for the oilcloth that Mary Wright bought, and he looked at two loo-tables, and inquired the price—one was 6l., and the other six guineas—he said he thought his lady would give the preference to the six guinea one—he then looked at two chairs—I could not tell him the price—he said the smaller one would suit his lady, and I was to send it along with the table to Laburnam-cottage, and to tell Mr. Comfort to name the lowest price that could be taken for them—I gave them to my husband to take—I did not intend to sell them, not knowing the price of the chair.
WILLIAM SPINKS (policeman, N 276). I went on the 23d July to Hackney-grove. I concealed myself opposite to No. 6—I watched there till four o'clock on the morning of the 24th—I then saw John Wright looking through the window—he then unlocked the door, and came out into the Grove about twelve yards—he beckoned to some persons inside the house, and the two female prisoners came out—they had each of them two bundles, one under each arm—John Wright then locked the house door, and came out—I went from where I was, and with assistance I took the three prisoners to the station—I found on John Wright a door key—I went and opened the house with it, and found the table and chair.
NOT GUILTY .
MR. HUDDLESTON conducted the Prosecution.
JOHN ANDREWS . I live at Stoke Newington. I am a stationer, and lend out daily newspapers—on 28th May, Richards came to the shop and asked the terms on which I let out the Times newspaper—I said a penny an hour, or 9d. a week—she gave me a direction where the papers were to be sent, and I sent them till 19th July—Richards came that day and bought some articles—she looked at two writing-desks, and she took one—she said if her mistress (Mrs. Russell) preferred it, she would pay the money—on the 21st may boy was sent for the paper, and from what he said when he came back I sent the other desk that Richards had looked at—on the next morning I went to where it was sent, 8, Arthur-terrace, to see which of the desks they would keep, and the house was shut up and the persons gone.
SAMUEL BROWN . I am errand-boy to Mr. Andrews. I took the papers to 8, Arthur-terrace, on 21st July—I went for the paper—I saw Richards—she told me to tell my master to send the other desk down to see if they would like that—I told my master—I took the desk and gave it to Richards—she said her mistress had just gone out, she would show it to her when she came home, and if she liked it she would let us know the next morning—she did not say anything about the other desk to me.
NOT GUILTY .
MR. HUDDLESTON conducted the Prosecution.
ELIZABETH MARCHANT . I am the wife of William Marchant, a piano-forte-maker, of Prospect-house, Kingsland. He lets out pianos for hire-Mary Wright came to our place in May—she gave her name Russell—she asked if Mr. Marchant was in—I said, "No"—she asked if I had any instruments to let out—I told her yes—she tried them over, and chose one—I agreed to let it her for 16s. a month—my husband took it on the Monday following—she afterwards came and paid me one month's hire for it, besides the month that was paid when it went home—she said it was a very nice instrument.
Cross-examined by MR. O'BRIEN. Q. Did she hire it for three months certain? A. No, for no particular time.
WILLIAM MARCHANT . On 12th May I received information from my wife, and took a piano to 8, Arthur-terrace—I saw Richards, she told me where to put it—I saw Mrs. Wright, she paid me 16s. for one month's hire, in advance, and 2s. for the carriage—when the first month had expired, I went to ask for the money—I saw Mr. and Mrs. Russell—they were feeding ducks—I said, in John Wright's presence, that I had called for the hire of the piano—I was invited into the parlour—Mary Wright showed me the piano, and said she approved of it very much—she called in a few days after, and paid my wife for the month's hire.
Cross-examined. Q. When you told Mrs. Russell you had called for the hire of the piano-forte, where was the man? A. He was standing on the steps—he did not go in the room with me, only the woman—I said, in the hearing of the man, that I came for the hire of the piano—it was a six-anda-half-octave mahogany cottage piano.
PETER HALDANE . I am clerk to Mr. Richards, an auctioneer, of Rathbone-place. On 22d June, a six-and-a-half-octave mahogany cottage piano-forte was brought to our auction-rooms by a female (neither of the prisoners)—I advanced 2l. on it—it was sold by auction, and fetched 12l. 10s.—on 28th June, I paid John Wright the balance, 9l. 1 1s., he gave me a receipt for it.
CHARLES CHERRY . I live with my father, at 2, Middle-row, Goswell-street. He is a carman—some time ago John Wright came to me and said he wanted two vans to remove furniture from Stoke Newington—I asked whether I should book it—he said no, he would call for me at five o'clock in the morning—he called, and I and my brother went and removed the furniture from Stoke Newington—amongst it there was a piano—we took the goods to Hackney, and unloaded them into a house—the three prisoners were there—John Wright paid for the hire of the vans, and I afterwards went with him to a public-house and got some refreshment—he afterwards took me back to the house where I bad left the goods, and 1 took the piano away—the two female prisoners were there—John Wright told me to drive to Windmill-street, Tottenham-court-road—I went there, and stopped at a public-house, and while I was there two men came and took the van away—it was brought back, but not the piano.
Cross-examined. Q. Did you see the piano at all there? A. Yes—I know what a piano is.
COURT. Q. Was it a mahogany piano? A. I did not see the piano at all.
MR. HUDDLESTON. Q. Did you not see it at all? A. It was wrapped up in a carpet—I cannot tell what shape it was—I know it was a piano by the sound of it.
COURT to PETER CHERRY. Q. Did either of these women say anything to you with reference to the removal of this piano? A. No—they did not help to remove it from the van to the house, or from the house to the van.
JOHN WRIGHT— GUILTY . Aged 35.— Confined Two Years.
(There was another indictment against Richards and Mary Wright, on which no evidence was offered.)
THIRD COURT.—Saturday, August 25th, 1849.
PRESENT—Sir JOHN PIRIE, Bart., Ald.; Mr. Ald. HOOPER, and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the First Jury.
GUILTY .* Aged 24.— Transported for Seven Years.
GUILTY. Aged 63.—Recommended to mercy. — Confined Four Months.
1618. GEORGE COLLINS and JOHN SMITH , stealing 1 purse, value 2d., 2 shillings, 2 sixpences, 1 4dy.-piece, 8 pence, and 6 halfpence; the property of William Robinson, from the person of Elizabeth Robinson; Collins having been before convicted: to which
COLLINS pleaded GUILTY . Aged 17.— Transported for Seven Years.
SMITH pleaded GUILTY . Aged 19.— Confined Six Months.
GUILTY. Aged 26.— Judgment respited.
GUILTY. Aged 19.— Judgment respited.
GUILTY . Aged 33.— Transported for Seven Years.
MR. PAYNE conducted the Prosecution.
Westminster Savings-Bank, which is held at the Sessions-house, for my father, who is the cashier—I received the money that relates to this entry of 25l. in this book (produced)—the entry is made by Mr. Poole—I made an entry of it in the cash-book—it purports to be received from Joseph Pye.
HENRY POOLE . I am principal clerk at the Westminster Savings-Bank. I remember 25l. being deposited in the bank on 7th July—I delivered this book out in the regular course of business—it relates to the sum of 25l., paid in by Pye—I saw the depositor sign it—it would be necessary to produce this book to get the money, or any of it out—I believe a person came about it on 11th July—I have no particular recollection of it—any notice would be received by Mr. Gray, sen.—the book came in on that day—assuming that notice was given to take the money out, it would be necessary for the depositor to come himself, seven days after the notice, to receive the money: that would be the 18th—on the 18th, Ward came and a woman, I believe Myers; I saw her afterwards—Ward produced the book—it was put with a number of others, and in the course it was called up—the man then came forward, and I said, "You have come to receive 25l.," and he was told to sign his name to the receipt—he signed," J. Pye"—this is the receipt (produced)—supposing him to be the real depositor, that would be the real form, but we might have asked him to sign at full length—it appeared that the original signature was written at full length, and I asked him to sign at full length—I then remarked that his signature was not like that one—he declared he was the party who paid in the money, and said he was tipsy at the time he came to deposit the money, that he was not the best of writers at any time, and that would account for the difference in the writing—the female then came forward—I cannot tell whether she was the one who came forward afterwards—I have no recollection of her features—she stated that the man was the rightful owner of the money—I was inclined to dispute it, seeing the difference in the signature, and feeling almost sure it was an attempt to defraud the bank, I desired them to sit down—I afterwards desired them to come forward, and then both the prisoners came, I am sure—I asked Ward if he was the owner ôf the money—he said he was—I put before him the receipt to sign, and then Myers came up to the counter, and persuaded him not, saying," Do not commit yourself, the money is my money, and not your's, "or words to that effect—I had provided a policeman, and gave them both into custody—they were taken before a Magistrate and remanded, and afterwards Joseph Pye came forward—the woman who came forward first, said she was the woman who had given the notice—Charles William Hallett is one of the trustees of the bank—there are five.
JOSEPH PYE . On 7th July, I deposited 25l. in the Westminster Savings-Bank—this is my signature to the book—I know Myers; I lodged with her mother for three years—she died, the prisoner kept on the house, and I lodged with her—this small book was given me when I made the deposit, and I put it in my room—I did not give it to either of the prisoners, or authorize them to take it—I did not authorize either of them to go and sign my name and get the money out—this" J. Pye" to this receipt is not my writing, or written by my authority.
Cross-examined by MR. CLARKSON. Q. How long have you known Myers? A, Two years and a half, perhaps—she is married—I am married—I
do not live with my wife—I go down home occasionally, and have a communication every week—I remit her 5s. a week, part of my wages, to support herself and two children—she is at Preston, 217 miles off—I have not seen her for about fourteen months—I am in the same employ as a man of the name of Entwistle—I know Peter Farrell, and I have heard speak of Mary Hopkins; I cannot tell exactly how many times I have been in her company—I never was in her company more than her coming into the house—I have never been constantly in the house talking to her—I never was in the bedroom where the body of Mrs. Amos (Myers' mother) lay—I had 30l. in gold of the mother's money in my possession—Farrell lodged in the same house—Mrs. Amos died on Saturday, 9th June—I was not in her bedroom on Sunday, the 10th, with Myers—I was not looking into and examining the contents of a box which stood near the window—I never saw a box—I never was in the bedroom—I did not meddle with any gold money there—I did not tell Entwistle that Myers had been to Gravesend with me to see a prize fight, and that she had deposited some money in the savings-bank before going, and left the balance with the book in my possession, because I told her there were so many queer characters in the boat—I never mentioned that to Entwistle—I never said anything of the sort—I did not say in the presence of Entwistle that she might be robbed, and I had promised to bring the money up on the following Wednesday—I cannot say whether or not I saw Farrell on Sunday, 8th July—he was not at dinner with Myers—Farrell did ask Myers to lend him 10s.—she cried, and said she had not got a farthing—I never knew anything of the money except the 30l.—I earn 30s., and sometimes 2l. a week—the 25l. I deposited in the bank was in gold—I got it out of my earnings—I did not save and invest it in the bank by 2l. and 3l., but all at once—it was all gold—I am not aware that there is anybody here who ever saw me with it—I made the deposit one month after Mrs. Amos died—I have been intimate with Myers, perhaps about two years—I did not tell Entwistle four or five months ago that I was intimate with her; I never did—I might have told him in June that her mother was dead—I did not tell him that I and Myers had had a search in the house, and found seventy-four sovereigns, besides the papers—I do not know that I pulled out a steel-bead purse and showed him—I have one of my own—I did not show it him, saying, "Here it is"—Entwistle did not say," It is strange Mrs. Curtis should have trusted you with that"—I know Myers's proper name is Curtis—I did not make answer and say, "She is a poor weak-minded thing, and will do whatever I wish her"—a week after I did tell him that there was 30l. in the savings-bank, but it was not in her name—I did not produce him the book—I did not say I had 25l. left, which she told me to put in any name I liked, so that she might be able to get it out at any time—I told him she had been to Mr. North's, my master's, and made a complaint, stating that I had robbed her of a watch, and broken into her house—I had not broken into her house, I did get in, I had been out, and came in while she was out drinking with cabmen—Í went into the next-door neighbour's, and asked him to lend me a ladder, as I wanted to get into my bedroom, as I wanted to go to Erith that evening, and I was afraid of being too late for the boat—he said he had not got one, but I could get through a hole in the kitchen, and I did get through a hole in the boards—on the following Wednesday, 18th June, Entwistle sent for me and told me what he had heard—I never said I had had a row with her about the money I had, and in a passion had thrown the bank-book at her, and told her I would have nothing more to do with her affairs, and I did
not care, if she had kept from going to North's—I did not say I only owed her 3l.—I did not say I would serve her out for going to North's, and say I would take to the 25l.—I never told Entwistle I did not care, the money was in my name, and no one could get it—I did not say to him on the following Saturday, "I do not like to go to the yard, as I hear there is a policeman coming after me."
MR. PAYNE. Q. What has become of the 30l. of this woman's mother's? A. It is, or was, in the Southwark Savings-bank—this 25l. in my name has nothing to do with this woman or her mother—it is neither this woman's money or her mother's—I had always had it by me till the mother died, and I saw how the house was going on, and I thought it was time to shift it—I did not authorize her to make any application for the money, or give her the book, or authorize her to take it—I swear this 25l. is my own, and no one else's.
MR. O'BRIEN called
JOHN ENTWISTLE . I have known Pye about two years—he was in the same employ as myself, and left last Saturday fortnight—I have heard him speak of a connection that existed between him and Myers—on a Monday morning in June, after the Sunday on which the mother was buried, he said he had buried the old lady yesterday—I said, "What old lady?"—he said, "Where I live"—I said, "I did not know she was dead"—he said, "She was buried yesterday, and we made a search and found seventy-four sovereigns"—he said, "Here it is, "and exhibited a purse full of sovereigns—I said it was strange Mrs. Curtis had entrusted him with it, and he said, "She is a poor weak-minded thing, and will do anything I wish her"—about a week or more after that, he said he had put 30l. in the bank in Mary Myers' name (he did not say what bank), that there was 25l. left, and she told him to put it in any name he thought proper, so that she could get it if she thought proper—I think he told me that one day when we were at work at Dartford—he said he had heard Mrs. Curtis had been to his master making complaints against him for robbing her of articles during her absence, and breaking into her house; that he bad a piece of work with Mrs. Curtis about some money matters, and he had flung the book at her, and told her to conduct her own affairs; that he only owed her 3l.; that he would serve her out for telling Mr. North—I told him he had better not do anything of the kind—he said he could not get into trouble, as the bank-book was made out in his name, and she could not get it out without him—he said, "No one was present when I gave her the bank-book, and I could say she took it out of my box"—he said he did not like to go to the yard, as be heard a policeman bad been after him—I persuaded him to go on the Saturday—his salary was 30s. a week—I have never had any quarrel with him.
Cross-examined by MR. PAYNE. Q. Can you tell how he came to make such a confidant of you to tell you all this? A. When he had a little drop of drink in his head he would tell me anything—I was in the same employment as Pye, at Mr. North's, slate merchant, at Stangate—I cannot say whether he had been indulging a little, when he told me they had found 74l.—I cannot say whether he was sober, I was, I was at my work—he said he had put the 25l. in another bank, or was going to do it, in another name, in any name he liked to, so that she could get it out when she wanted it—I have worked in this employment off and on for two years, and before that I was twelve years in Mr. Cooper's employment, in Belvedere-road.
after the burial I was passing up stairs and saw Pye and the prisoner Myers in the bedroom, with their backs towards me, they appeared to be searching a box—after that my attention was called to it by another lodger, and I heard a kind of click of money, like sovereigns or gold being counted over—the next day Pye returned home from Mr. North's while I was at breakfast, to go down by the train to do a job, and he called out to Myers, "Aint you ready yet?" or words to that effect—about a fortnight or three weeks after, I saw a bank-book on the table in Myers's possession—I had called before, and asked her to lend me 10s.—she stated she had no money, and seemed to be in a very disconsolate state—I afterwards called when Pye was there and another man, and this woman, they were all three at dinner together—I saw the bank-book after that.
Cross-examined. Q. What bank-book are you talking of? A. A bank-book with the name of Pye on it—I saw it a fortnight or three weeks after the mother's death—Myers showed me the book; I did not look at it—it was wrote "Pie" on it—I should not know it again if I saw it—it was covered blue—(the book produced was brown)—it cannot be the one produced—I have not had a quarrel with Pye, we were rather on unpleasant terms, we did not speak to one another, but I never had any quarrel with him—he did not show me any money, I heard it jinking through the door, which was open.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
FRANCIS CHATTING . I am a wax and tallow-chandler, of Mile-end-road. About 26th Nov., 1847, the prisoner came to my shop to solicit orders—I knew him to be in Messrs. Palmers' employment, and gave him an order for twenty-four dozen lbs. of candles of various sorts—he afterwards came and delivered them himself—they were Palmers' candles—he brought this invoice (produced)—it was receipted as it is now for 9l. 14s. 6d.—I paid him—(the invoice was signed—"received, J. Peirce.")
JOHN GISSING . In 1847 I was in Messrs. Palmers' employ—I do not know this receipt; it is not Peirce's writing—there is no entry of the invoice in our books; they are here—the prisoner was a packer, and had no authority to go out for orders or execute them—there is a Mr. Peirce in the employment, but his name is spelt differently—the prisoner was in the employment four or five years—on 7th Dec., 1847, he was so, he left on 8th or 9th of his own accord, and we did not hear of him till now—Mr. Palmer has only one partner.
CHARLES PETRIE . I am in Messrs. Palmers' employment. I do not know the writing of this invoice—I have never made a copy of such an invoice in our books or the amount, and I have not received the amount.
EDWARD BINGHAM (policeman, 80 G). In consequence of information, I apprehended the prisoner on 18th July last, on a warrant dated 17th Dec. 1847—I tried to apprehend him in 1847, but could not find him.
Prisoner's Defence. No one has proved 1 took any candles; the place I worked at was 200 yards from where the candles were; I had given notice before I left that I was dissatisfied; 1 received a letter stating that there was a ship ready, and I went and shipped at Dundee, and went to Barbadoes and other places, came back, went again, and have come back again.
Mile-end-road—the prisoner was then in our employment—I produce a certificate—(read—George Duke, convicted Dec. 1833—transported for seven years)—the prisoner is the person so tried and convicted—I was present.
GUILTY . Aged 30.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
JULIA DALEY . I am the wife of Joseph Daley, of 14, Cannon-street-road. On 7th Aug. the prisoner came to my house with my daughter, who stated that she had been very kind to her when she was ill—in the afternoon I sent her with my two daughters into the up-stairs front-room, where I had two sovereigns and twenty-se ven shillings in a glass cupboard—I saw it safe that afternoon—my daughter is married, and does not live with me—I saw the money safe next morning, about twelve o'clock—a man came down into the kitchen that morning—I was washing—I did not see him come into the house, my child opened the door—he stayed two or three minutes, and then went away"—I saw him go out at the door—about twenty minutes after he was gone, the prisoner came—she came direct into the wash-house, and told roe I must go to my daughter directly, as she was dying—she offered to do the wash, and stay till I came back—I gave the key of the cupboard where the money was to my little daughter Julia, went to my daughter's, and found her quite well—I went back home, and found the prisoner and all my money gone, and the saltcellar in which it was—I found the key on the dresser, where my girl had laid it—I did not see the prisoner again till she was in custody—I have never seen the saltcellar or money again.
Prisoner. Q. Did I have the key in my band the day before? A. No; it was in the door—you were sitting by the side of it, and could see the key and the money. *
JULIA DALEY the younger. I live with my mother. The prisoner came and told my mother my sister was very bad, and she was to go immediately—my mother gave me the key of the cupboard where the money was, and went—after she was gone, I went down-stairs, and laid the key on the dresser—the prisoner said she felt very faint—I said, "Will you have a drop of beer?"—she said, "No; will you go and get me three pennyworth of brandy"—I went, and was away about five minutes—I left her behind, and when I came back she was gone—I found the key where. I left it.
MARY M'CARTHY . I am the prosecutor's daughter, and the wife of Mr. M'Carthy. I was at my mother's house with the prisoner, and while there, 1 took the saltcellar out of the cupboard with the money in it—the prisoner was there at the time—I put it back, locked the cupboard, and took the key down to my mother—I was not ill the next day, and did not send the prisoner to my mother to say so—the prisoner was at my house that day, said her father was very ill, and she was going to see him at Finsbury-square, and would be back in an hour and a half.
GUILTY. Aged 22.—Recommended to mercy. — Confined Siz Months.
potato salesman. Last Tuesday fortnight Mr. William Elam left a coat in my possession to take care of—I saw it safe next morning at half-past seven o'clock, and missed it about ten—I had seen Stock well before I missed it—this is it (produced)—it belongs to Mr. Elam.
THOMAS WEAKFORD (policeman, H 5). I took Stockwell on the Wednesday evening, on another charge—his father said in his presence he had been informed he had stolen a coat that morning in the market, and said he had better tell the policeman all about it.
JAMES GOFF . I am assistant to Mr. Bradley, a pawnbroker. I produce the coat—it was pledged by Harrington—she said she had got it from Mr. James, who keeps a lodging-house; that it belonged to the mate of a vessel, who would redeem it next day—she came next day, and wanted more money on it—I would not give it her—next morning the policeman brought a person to identify it—Harrington came in soon after, to pledge a handkerchief, and I gave her into custody.
WILLIAM WATSON (policeman, H 94). I was called to Mr. Bradley's, found Harrington there, and told her the charge—she said she did not know it was stolen—she was taken to the station, and Stockwell was brought out—in his presence she said he gave it her the night before, and told her his father was dead, and he wanted some money—Stockwell said he did not say so—in going along a boy came up to Harrington—she put her hand to her bosom, and took out these duplicates—I took them away from her, and one is the duplicate for the coat (produced).
Harrington's Defence. Stockwell asked me to pledge the coat, because his father was dead; I pledged it, and gave him five shillings and the ticket; he told me to keep the ticket; in going along, my little boy came and asked me what was the matter; I put my hand to get two tickets which belonged to him, and the policeman snatched them away; at the police-court, Stockwell said a costermonger gave him the coat; I did not know it was stolen.
STOCKWELL— GUILTY . Aged 15.— Confined Three Months.
HARRINGTON— GUILTY . Aged 33.— Confined Twelve Months.
MR. PRENDERGAST conducted the Prosecution.
GEORGE ALEXANDER OSBORNE . I am a bonnet-shape manufacturer of Somerset-place, Hoxton. In consequence of information, I sent Swaine to the prisoner's house, and gave him some money, with directions—he afterwards produced some bonnet crowns and a quantity of property to me, part of which are mine, and were made on my premises—I afterwards went to Bourne's premises with Zinzan and two men, and found a quantity of goods, and among them sixty-four bonnet-fronts, thirty-four crowns, five bonnets, and some willow squares—I firmly believe they are all mine—I have property of the same description on my premises, and missed property of the sort—the willow squares were of a German make, and very peculiar—I never saw any of the same kind before, and I am well conversant with the trade—the prisoner said, "You have robbed me, and you have been b----y well robbed yourself"—his house is near "The Three Loggerheads."
Cross-examined by MR. PARNELL. Q. How many people have you in your employment? A. From seventy to a hundred; some of them make these things on my premises, and some off—they are made of buckram—I
give out the buckram to them, and they make it up and bring it back—I keep books; I have the willow book here—I give out the willow also, and they bring that back made into bonnets—we know how much stuff it takes to make a bonnet, and can tell whether all the stuff is brought in again—I cannot say whether I have been robbed of willow before it has been made into bonnets—all the willow fronts are made in the house—I got these squares from Germany, through an agent named Hoffman; he is not here—I never had a dozen words with the prisoner in my life—I suppose he meant by robbing him that I had succeeded in business better than him—I cannot tell whether he thought I sold too cheap—Mrs. Bartlett, the wife of the man who has been tried, made for me and Bartlett too (see page 363)—I gave her buckram and shapes, and she brought it back made up—the prisoner is the fourth man who I have had taken up—I know nothing about Mrs. Smith—I did not see her in the dock about this charge—she was charged by the police with having stolen goods in her possession—it was not bonnet-crowns, but Paris nightcaps, which 1 deal in—she was in custody at the same time as these men—it was not my case—I was a witness, and Zinzan also—there was no prosecutor, and the prisoner was discharged by the Magistrate—all the men have been acquitted—I have known Bourne many years by sight—I did not tell Swaine to go to the public-house and make him tipsy, and see what he could make of him—I gave Swaine twenty shillings to purchase the crowns—that was done under the direction of the police.
MR. PRENDERGAST. Q. Two or three have been tried? A. Yes; two acquitted, and one discharged by the Magistrate—Bartlett had not been apprehended when I went to the prisoner's—Mr. Hoffman does not manufacture willow-squares, he only imports them—I know every description of squares used in London—I have never seen any other of this sort—I have never seen any such pattern as this before—I am mostly down in the docks, and see them before they are opened—I buy three parts of what are imported from Germany.
JAMES SWAINE . On 9th or 10th July I received 20s. from Mr. Osborne, and went to Bourne, at the Loggerheads—I did not receive any instructions to make him drunk—I did not take him there, but went there after him—I told him I wanted some crowns—he said he had none at home, but there were plenty at Attle's—we went there together, and I bought a gross and a half of Bourne, and paid him for them—he gave me a piece of paper, and I gave him 10s. 6d.—I gave the paper to Morrell—I took the goods, and Mr. Osborne saw them—I afterwards delivered them to Morrell.
Cross-examined by MR. PARNELL. Q. What time time did you go to Bourne's? A. About half-past six o'clock—I stayed at the public-house an hour, drinking ginand-water—I am a bonnet-shape crown-maker—I have been so fourteen years—I do a little French polishing when I have nothing else to do—I have never had the name of Chapman, or any other name—I did work for a man of that name—I have a family to support—I have never been married—the person I live with is the wife of another man, who deserted her nine years, and left her and two children without any support.
THOMAS ZINZAN (policeman, N 67). In consequence of information I went to Bourne's premises, and found a quantity of bonnet fronts, thirty willow squares, and several other little articles, which Mr. Osborne thought were his property, but I only brought away these, which he identified—(produced)—I got all these things there—I took Bourne, and on the way to the station he said, "I dare say, George Osborne would like to know who is robbing him; I could tell him, and I will tell you; it is his confidential
man, Edward Bartlett, who is doing it; but mind, he never comes to me; it is old mother Bartlett who brings the things to me"—I had not mentioned Bartlett's name, nor did I hear any one else do so.
Cross-examined. Q. Where did you find him? A. At Attle's—it was about nine o'clock at night—I told him I took him for receiving a quantity of stolen property of Mr. Osborne's—it was half an hour after, that he made that observation—in the meanwhile I had seen Osborne, Swaine, and the woman who lives with Bourne, and goes by the name of Mrs. Ellis—she assists in the business—I did not take possession of all his stock, I left a good deal behind—Bartlett was not then in custody—I had not then got instructions to take him-we consulted at the station—we intended to take every one connected with the affair.
MR. PRENDERGAST. Q. Up to this time you had received no instructions to take Bartlett, but it was after the statement Bourne made, that you took him? A. Yes; Ellis lived there as his servant—he had two rooms and one bed.
MR. OSBORNE re-examined. This property produced by Morrell, which Swaine bought of Bourne at Attle's, is precisely of the description of my goods—I believe it all to be my property—they are my shapes—each maker has his own particular shape—these are the same as my shapes—this piece of willow square (produced) which I got from my own stock, is of the same pattern, and matches that found at Bourne's house—I have willow squares of the same pattern as all these—I have not seen any others like them in England, and I have watched the market for years—these bonnet fronts and crowns are all my shapes; I do not know of any others resembling them—I believe them to be all mine, and I have missed property of the same description—these bonnets are my make, they are made of very peculiar squares—I bought 200 dozens of them from Mr. Hoffman, and that is all there is in the trade—I have 100 dozen left—they are bound underneath with white wire, which ours are for a saving—and this broad shaving is very unusual—I never saw any in the trade like them—I bought the squares white of which they are made, and had them dyed black.
Cross-examined. Q. Look at that crown, and tell me which of your men or women cut that out? A. Mrs. Osborne cut the patterns—the men cut the things themselves—we have a great many patterns of crowns—Mrs. Osborne makes one of each pattern—these are all different, but I swear these are all Mrs. Osborne's patterns—I know them by the pattern—Mrs. Osborne invented this No. 8: we have some thousands of that pattern, and also of the fronts—I bought the stuff of which they are made, three years ago, of Messrs. Hunt and Brown—that was all they had of it—I never went into the Bourne's shop to see if he had any like mine.
MR. PRENDERGAST. Q. What is the prisoner's shop? A. A first-floor room, in Castle-street, Bethnal-green—the shapes used are my own inventions, and peculiar to my trade—each bonnet-maker makes her own shapes, according to the season.
ELIZABETH OSBORNE . I am the prosecutor's wife, and assist in the busi-ness—I cut out all the patterns upon which the bonnets are manufactured—this crown (one of those found at the prisoner's house) has a "G" on it, which I am almost certain is my marking—they are all marked with letters and numbers, and a certain crown goes to a certain front, and the crown and
front together form the bonnet shape—I have compared these crowns, and our shapes and they fit exactly—I remember one of the workpeople putting on the wire on these black bonnets with white cotton, and I told her if she did it again I should send them back—I remember these bonnets well; they are also exactly the same as ours, and no one else in the trade has them—I know more about it than Mr. Osborne; I am more at home than he—I have been connected with the trade for nine years—I have willow-squares at home that correspond with these.
Cross-examined. Q. Were you in the trade before you were Mrs. Osborne? A. No; I will not swear to that "G," but I think it is mine—I invented this pattern of bonnet not nine months ago—the cost price of crowns is nearly 8s. 6d. a gross—the other patterns are a recent invention of mine—these Paisley ones 1 cut in tissue paper, and sent down, and they were there cut and marked; that was last winter—all these are our own designs—I cut the first pattern of all.
MR. PARNELL called
ROBERT COURT . I am a grocer and cheesemonger, of Grosvenor-row, Bethnal-green. I have known the prisoner ten years—he is sixty years old—I know him to be a very honest and industrious character—he has carried on this business ever since I have known him.
Cross-examined by MR. PRENDERGAST. Q. What shop do you keep? A. A grocer's and cheesemonger's—I do not advance money on goods; I was in that habit three years ago—I am not a pawnbroker—I do not keep a dolly-shop—I never took things in pawn—I never lend money on anything—I swear I never advanced money on goods—when I said I had done so for three years, I meant I had never taken things for goods, and not lent money in any way for the last three years—I have carried on business just in the same way as before—if a poor person comes to me and has no money, late at night, and is starving, I let them have something, if they leave something in the place of money, until they can pay for it—I do that at times now.
(Several other witnesses deposed to the prisoner's good character.)
NOT GUILTY .
OLD COURT.—Monday, August 27th, 1849.
PRESENT—Sir JOHN PIRIE, Bart., Ald.; Mr. RECORDER; Mr. Ald. MUSGROVE; and Mr. Ald. CHALLIS.
Before Mr. Recorder and the Third Jury.
GUILTY . Aged 45.— Transported for Life.
GUILTY . Aged 22.— Transported for Life.
1630. MARTIN HANSILL was indicted for unlawfully threatening to publish certain matters touching one Henry Bevan, with intent to extort money from him.—Other COUNTS, for proposing to abstain from publishing the same, with a like intent: and for a conspiracy.
MESSRS. BALLANTINE and HUDDLESTON conducted the Prosecution.
RICHARD RATCLIFFE . I am clerk to Messrs. Clarke, Fynmore, and Fladgate, solicitors for the prosecution. I produce a certified copy of the declaration of Martin Hansill, being the printer, publisher, and sole proprietor of the
Satirist newspaper—I obtained it from the Office of Stamps and Taxes, Somerset-house—I also produce three numbers of the Satirist newspaper, of 31st March, and 7th and 14th April, which I purchased at the office of the Satirist, in Catherine-street, Strand—(The paragraphs of 31st March and 7th April were here read, as in page 396.)
THOMAS GEORGE FYNMORE . I am a partner, in the firm of the solicitors for the prosecution. In consequence of some communication with Mr. Bevan, I called at the office of the Satirist newspaper, in Catherine-street, Strand, on 13th April; and in consequence of information which I received there, I went to No. 7. Bennett-street, Blackfriars, on that same day—I there saw the defendant—I asked him if he was Mr. Hansill, the proprietor and editor of the Satirist newspaper—he said he was—before I went my attention had been called to the paragraphs which have been read—I told him that I called on him, in consequence of the notices to correspondents which bad appeared in the Satirist newspaper relative to Mr. Bevan, and that I was instructed to state, if the publication was continued, proceedings would be taken against him—he replied that nothing libellous had occurred, and he would take care that nothing libellous should appear—he then said he had a great many letters in his possession which would be inserted; that there were as many as would fill about twenty columns in print, and would run over a space of several weeks in the insertion of them—he then produced one of the numbers of the Satirist, and pointed out to me an article called, "The Life and Adventures of Captain Aaron Smith," and stated that that was the form in which the publication relating to my client would appear—I asked him if the letters to which he alluded had been given to him by a female—he said, no, they were given to him by a male, or a gentleman; but that on 2d April a female had called upon him, wishing to see him on the subject of the notices to correspondents which had appeared in the paper on 31st March; but he declined seeing her, as she would not give her name—I then had some conversation with him as to whether it was probable that a compromise might be effected for the delivery up of these letters, and he advised me not to have any communication with the parties—I then told him that I was not authorized by my client to state as much, but that I thought he would probably submit to a little extortion, if the letters could be restored to him; and as he advised me not to communicate with the parties, I wished to know if he would be the medium of effecting any compromise, if it was desirable—he said, "No"—I then asked if he could give me the address of Miss Mills—he said he did not know her address—I then requested that he would postpone the publication of the letters, which he stated was to take place on the following day, until I had an opportunity of seeing my client; which he agreed to do—he said they should not appear without a previous communication with us—(the paragraph of 14th April was here read, as in page 397)—on Monday, 16th April, I received this letter from the defendant—I had at that time made an appoint-ment with Miss Mills: at two o'clock, I went and saw her—I received this letter on Wednesday, 18th—I wrote an answer, declining to go, alleging a private engagement—this other letter I received from Mr. Bevan—(these three last-mentioned letters were proved by Mr. Robert Wilson to be the defendant's writing, and were read, as in page 398).
Cross-examined by MR. PARRY. Q. Were you examined on Saturday last? A. I was—I stated substantially the same facts I have stated to-day—there was no arrangement, to my knowledge, by which Miss Mills should plead guilty to the misdemeanor, and the felony be abandoned as against her—she has not been tried on the indictment for felony: that was not on
the understanding that she should plead guilty to the misdemeanor—she is now suffering her sentence—this trial was postponed from time to time on account of the dangerous illness of Mr. Hansill, as was represented—before I waited on Mr. Hansill I had no communication from him, verbal or written—we are Mr. Bevan's solicitors generally—we have acted for him in other matters—I did not receive instructions from him to compromise this matter, nor from any one on his behalf—I told Mr. Hansill that I thought Mr. Bevan might submit to a little extortion—I had not then consulted with him on the subject—I meant what I said—I believed that be would submit to a little extortion—I asked Mr. Hansill whether he would become the medium of a compromise—I used that expression, and meant it—he said, "Decidedly not," and added, that if any parties attempted to extort money from Mr. Bevan he advised me to indict them—if he had contentad to be the medium of a compromise I should have acted with him after consulting my client—I meant to offer to Mr. Hansill the opportunity of receiving money from Mr. Bevan—I meant to advise him to submit to a little extortion to put a stop to any publication in the Satirist, and to get the letters,
Q. Then if Mr. Hansill had any appetite for extortion you set him on at this interview: you first mentioned the subject of extortion? A. I made use of the term that Mr. Bevan would submit to a little extortion—I was not authorized to do so, but I thought it probable he might—when I asked for Miss Mills' address, Hansill said he did not know it, but would make inquiries—I said I should be obliged to him if he would—I did not go to Mr. Hansill to entrap him into something for which he might be indicted—I did not begin this negotiation with him for the purpose of afterwards indicting him—I had not consulted Counsel before 1 bad this interview—only one of these publications appeared afterwards, on the 14th—they were in custody before next Sunday—it was about the middle of the day on Friday, the 13th, that I saw him, and the paper was published on Saturday the 14th—Ido not know whether the paper is published on Saturday morning or evening—Mr. Hansill did not say that any lady had complained to him of Mr. Bevan writing a grossly insulting letter to her, calling her a "bore," and threatening to communicate with her friends—nothing whatever of that kind patted, nor did I make any such communication to Mr. Bevan—Mr. Bevan never saw Mr. Hansill that I am aware of.
MR. BALLANTINE. Q. You have been asked whether you set Mr. Hansill on to endeavour to extort money; I need hardly ask you whether you had anything to do with the two articles that appeared on 31st March and 7th April? A. Nothing whatever—it was in consequence of those articles that I was directed to communicate with him—he told me that these letters were all prepared for insertion—it was after I said my client would submit to a little extortion that he consented to postpone the insertion till after I had communicated with him—before the next Friday I consulted Counsel, and from advice I received I determined to have no more communication, or to allow my client to have any, and Miss Mills and Mr. Hansill were summoned to Bow-street and held to bail on this charge—Mr. Bevan lives at Twickenham, and has a house in Hamilton-place.
HENRY BEVAN, ESQ . I live in Hamilton-place, Piccadilly, and have a house at Twickenham. I am not a member of the banking firm in the City, but am a connexion of theirs—I received these letters—I handed them over to Mr. Fynmore—I took no steps on the subject, except directing that a legal opinion should be taken.
Cross-examined. Q. Are you a married man? A. I am—my wife is
residing with me—I have daughters—I was examined on Saturday—I have stated no new fact to-day.
GUILTY .— Confined Six Months.
Before Mr. Recorder and the Fourth Jury.
MR. PAYNE conducted the Prosecution.
WILLIAM JOSEPH DUNMORE . The deceased, Joseph Dunmore, was my brother—he was about twenty-two years of age. On Sunday morning, 15th July, I went with him to Plaistow-marshes—there was a fight there between him and Sotcher—Cockling and Boulter seconded my brother, and George and a man named Carty seconded Sotcher—there were twenty-eight rounds—it lasted about half an hour and five minutes—they both shook hands when they went in—they hit each other as hard as they could—they had several falls—at the last round they scuffled and fell, and my brother was underneath—he was not able to answer when "time" was called—I saw no blow struck at the last round; they only fell—I took my brother home in a cart—Mr. Webb attended him—he died about half-past twelve o'clock—the fight was about half-past six in the morning—he never recovered his senses—I do not know where the agreement to fight had been made, nor the cause of it, my brother came and called me up just before five—he had told me over night that he had had a few words, and expected he was going to fight—when he came in the morning I begged him not to go, but he said he was determined to go.
Cross-examined by MR. WOOLLETT. Q. It was a fair stand-up fight, was it not? A. Yes—I do not know whether it lasted an unusual time—I was never at a fight before—I expect my brother received the injury by falling back on his head—he was subject to fits.
Cross-examined by MR. M'MAHON. Q. You were present during the fight? A. Yes—I did not offer to bet upon it—my brother and Sotcher did not go from town together to Plaistow—we saw Sotcher before we got to the field—the other prisoners were with us—there were a great many persons present.
WILLIAM IRVING . I live at Plaistow. I saw this fight—it lasted about half an hour—there were a good many rounds—at the last round they closed and fell—there were some blows struck before that—they were fairly matched as to strength and size—there was no appearance of either having got the better of it—Sotcher had a good many bruises; I could not see whether the deceased had—I could not see anything to show that they ought to have left off before—they were stripped to the waist—they bled at the nose and mouth a little—just before they fell I saw Sotcher strike the deceased just at the back of the head—he did not fall against anything, only on the ground.
Cross-examined by MR. WOOLLETT. Q. Did they fight again after that? A. No; they fell together—I could not see which pulled the other down—I saw no violent blows—I did not think that either of them was much hurt.
ROBERT WEBB I am a surgeon. I was called to the deceased between nine and ten o'clock on the Sunday morning, at his father's house in Poplar—he was in bed, insensible—he died within an hour and a half after—I made a post-mortem examination—on removing the skin behind the ear 1 found an ecchymosis, as if a blow had been struck, and on removing the skull I found a fracture of an inch and a half in length; the lateral sinus was ruptured, and four ounces of blood pressing on the brain, which caused death—I should attribute death to the effects of a blow.
Cross-examined by MR. WOOLLETT. Q. Might it not have been from a fall? A. It is possible, if it was against a hard substance, but then probably the skin would have been injured—my opinion is it was from a blow.
SOTCHER— GUILTY . Aged 22.
GEORGE— GUILTY . Aged 28.
COCKLING— GUILTY . Aged 23.
BOULTER— GUILTY . Aged 23.
Confined Six Weeks from the date of their commitment.
NEW COURT.—Monday, August 27th, 1849.
PRESENT—Mr. Ald. WM. HUNTER; Mr. Ald. CHALLIS; Mr. COMMON SERJEANT; and EDWARD BULLOCK, Esq.
Before Mr. Common Serjeant and the Fifth Jury.
THOMAS BYFIELD . I am foreman to Richard Batterbury; he is a builder. The prisoner was in his service, and was working at a building in Regent's-park—I left some pipe in a room there, and missed some of it—I have compared what has been found, with what was there, and believe they are the same.
----MASON (policeman, S 168). I met the prisoner, near Mornington-crescent, on the evening of 17th July—he had a coat slung over his shoulder with something in it which appeared heavy—he sat down in front of a public-house—my brother officer and I watched him for several minutes—we then missed him, and went into the public-house—we met him coming from the back yard—I asked what he had done with what was in his coat—he said he had nothing in it—I took him, and my brother officer went and searched for the lead—in taking him he said, "If you had as many depending on you as I have, you would be glad to make a shilling or two."
JEREMIAH LOCKERBY (policeman, S 180). I found the lead in the back-yard—the prisoner said, "I am a plumber; you know what they are; we all do it; we are glad to get a shilling or two in the best way we can."
NOT GUILTY .
THOMAS GUY ROGERS . I am in the service of Mr. Thomas Edge; the prisoner was in his service. On 11th Aug. I saw this metal safe between five and half-past five o'clock—I afterwards missed it—I found it in the prisoner's pocket—it is my master's.
Cross-examined by MR. O'BRIEN. Q. How long had he worked for your master? A. I think about six years—there were persons here on Saturday to give him a character—this metal is worth about 4s.
GUILTY . Aged 24,— Confined Four Months.
1634. RICHARD LOCKE and WILLIAM LINNETT , stealing 239lbs. of cotton-flock, value 24s., and 2 bags, value 1s.; the goods of James Wilde and another, the masters of Locke: 2d COUNT, charges Linnett with feloniously receiving the same.
MR. PARRY conducted the Prosecution.
JAMES WILDE . I am a cotton-merchant, of Curtain-road, Shoreditch; I have one partner. I have a branch at Manchester, and am in the habit of receiving bags of flock from there—Locke was my carman—it was his duty
to bring bags of flock from the railway to my premises—on 2Cth July I went to Charles-street, Goswell-road; went to a stable and saw two bags of flock there—Linnett was there, and Mr. Kempton—when I went in I asked Linnett how these bags of flock came there—he said he knew nothing about them—Mr. Kempton said, "You have just offered to sell them to me"—there were no marks on the bags then; they were cut out—Mr. Kempton said there were marks on them the night before—the marks were found in the stable, the policeman has them—I believe them to be mine.
THOMAS STEPHEN JONES . I live in Charles-street, Goswell-road. I know Locke by sight—on 25th July, about half-past six o'clock, I saw Locke—he asked Miss Enever for the keys of the stable in Charles-yard—the stable belongs to Mr. Enever—he got the key—there was a wagon there loaded with bags of flock—Locke opened the stable door and went in.
Cross-examined by MR. PAYNE. Q. He went, and gave bis horses some water? A. Yes; I was plaving about in Charles-yard—the wagon was standing in Charles-street—I had seen it there two or three times—it had come from the direction of Goswell-street that night—I did not examine the bags in it—I did not see any bags in the stable—I did not see the wagon go away—I continued to play about till eight o'clock; the wagon was there still.
MR. WILDE Q. Had Locke any business at that stable? A. No, it was about half a mile out of his way.
DAVID KEMPTON . I live in Kingsland-road, and am a flock bed-maker. On the morning of 24th July, Locke brought me a bag of flock from his master, Mr. Wilde—he asked me if I would buy some flocks; he said he knew a man that had got some, and would sell them cheap—I said I would buy them if there was nothing wrong—he said there was not, and asked if he should send the person to me—the next day Linnett came—he said Locke had sent him about the flocks, and showed me a sample—he said there were two bags of it—I asked what price be wanted; he said seventeen shillings, and there was two cwt. and one qr.—Mr. Wilde's foreman passed by at the time—Linnett went to the back of my shop—I spoke to the foreman, and went back and told Linnett I would have nothing to do with the flocks—he said they were his, and he could prove it, and he bought them of a man in Golden-lane—he pressed me very much to go and look at them, and I went to a stable in Charles' yard to look at them—it was between seven and eight o'clock—Linnett opened the door, and I saw there the two bags of flocks produced—they then had marks on them—while I was there, Locke came in—I asked him whose the flocks were—he said they belonged to Linnett—I told him I did not like it at all—he said if I bought them, Linnett would put them in a cart, and take them to my house, and no one would know anything about them—I said I did not like it, and he said if I was afraid I had better not—Linnett said he would cut the marks out—I said I thought they belonged to Mr. Wilde, and had been left by his van—he said it was no such thing—I said, "I will give you fourteen shillings if they are your flocks, but the marks shall be on the bags just as they are"—I said, "If you like you may call at my house to-morrow, and I will let you know whether I will have them"—I left the bags that Wednesday evening; they had the marks on them then—I went to Mr. Wilde the next morning with an officer—we found Linnett; he went with us to the stable—the bags were there, but the marks were cut out—Mr. Wilde asked Linnett where he got them from—he said he knew nothing about them—I asked him if he did not offer them to me for sale—he said he did not.
Cross-examined by MR. PAYNE. Q. Were you ever charged with anything?
A. Never; when Locke came to the stable, he laid they were Linnett's—he never said they belonged to anybody else.
Cross-examined by MR. O'BRIEN. Q. Had you any previous dealings with Mr. Wilde for flocks? A. Yes.
Cross-examined by MR. PAYNE. Q. Are you speaking from recollection? A. I have the two notes I received—I do not keep any books, only these notes.
Cross-examined by MR. O'BRIEN. Q. Did you count the number of bags? A. Yes; Nos. 114 and 125 were in this list.
JOSEPH CLEGO . 1 was clerk to Lees and Son, at Oldham. On 19th July, 1 marked this 125 L on this piece of canvas—the bag this was on formed a part of forty-nine bags delivered on 29th July—the forty-nine bags were marked L.
WALTER LADBROOK . I produce two invoices of goods, by which forty-nine bags of flocks were consigned to James Wilde and Co. on 19th July—I know Locke; he was Mr. Wilde's carman—on 23d and 24th July, he received some bags of flocks from me—I cannot swear that he received these forty-nine—we had a great many bags there—on 24th here is his receipt for thirty-two, thirty-three, nine, and so on.
Cross-examined by MR. PAYNE. Q. Are not the bags sent by Pickfords up to Mr. Wilde's? A. No; Mr. Wilde always fetches them—a great many bags accumulate at our place—if Locke takes them, he signs; if somebody else takes them, they sign.
THOMAS WHITE . I am warehouseman to Mr. Wilde. I check the bags brought by Locke from the railway, by taking the marks and numbers—on 23d, 24th, and 25th July, neither of these numbers 114 or 125 were delivered by Locke to me—the account of bags given by the railway, does not agree with my book—there were two bags deficient in the load before this.
Cross-examined by MR. PAYNE. Q. What is this book? A. An account of the bags that I took in—there are two carmen—these bags were received by Locke—"114 L" ought to be in this book, but it is not.
MR. WILDE re-examined. I have seen these two bags of flocks—from the invoice which I got on the 20th, I expected to receive such flocks from Man-chester—these are the same quality as the flock I was to receive, and the same marks.
ROBERT CROWE (City policeman, 469). On 26th July I went with Mr. Wilde to Charles-yard, and found these two bags of flocks—I found in the stable these two pieces of canvas, marked, "L 114" and "L 125"—some marks had been cut out of the bags—these pieces of canvas correspond with the pieces that have been cut out—the stable belongs to a person named Ennever—I asked Linnett about the flocks—he said he had nothing to do with them—I asked him whether he had not offered them for sale to Kempton—he then said some man had employed him to sell them, and they came from Golden-lane—he first said he met the man in the street, and then he said he met him in Smithfield while he was sitting on the bars.
Locke's Defence. I was making three loads a day, and these are put in among the rest; Mr. White has sometimes said, "I wish you would not make so many loads; I cannot take the marks."
(Locke received a good character.)
LOCKE— GUILTY of Stealing. Aged 25.— Confined Eighteen Months.
LINNETT— GUILTY of Receiving. Aged 27.— Confined One Year.
MR. O'BRIEN conducted the Prosecution.
ELIZABETH MYRCK . I am the wife of Christian Frederick Myrck, of 5, St. James's-walk—we occupy the second and third floor. This is my husband's watch (produced)—I left home at half-past two o'clock, on 6th July, leaving this watch there—I returned at four, and missed it—the prisoner had worked for my husband, but had been discharged the night previous—he had no business in the house.
Cross-examined by MR. PAYNE. Q. What day was this? A. On Friday; he was not told to come on the Friday to see if there was any work—my husband took his address, and said he would send if he wanted him.
Cross-examined. Q. What room were you in? A. In the bottom shop—the prisoner opened the shop door; he passed by the side of the shop, and went up stairs—I am quite sure it was on the Friday, I was examined next day.
GEORGE WOOD . On 6th July I saw the prisoner, about four o'clock in the afternoon, in a skittle-ground, at the Marquis of Granby, in Gray's-inn-lane—he had this watch; he asked me to go and pawn it, which I did, for 18s., which I gave to him.
Cross-examined. Q. You were proved to be the person that pawned it, and then you said you got it from the prisoner? A. Yes; I was taken into custody the week afterwards—Mr. Beale swore I was the person who pawned it—I have heard that the policeman is waiting to take rae into custody; I cannot say that it is a fact—I have not been out of the way several times to avoid being charged with different things—I know nothing about any lead—I am a costermonger—I was not taken into custody for cutting horsehair—I remember a gig in Leather-lane, and the prisoner coming up to it—I was not charged with cutting horsehair from that gig—I know the Chalk-road—I know Mr. Groom's house—I believe they did charge me with being concerned in a robbery at his house—I know the constable is ready to take me.
GUILTY. Aged 18.—Recommended to mercy by the Prosecutor. — Confined Nine Months.
CAROLINE BENNETT . I am the wife of John Bennett. I am a washer-woman—on 28th July, I sent my daughter Mary Ann Bennett with some articles to Fieldgate-street, Whitechapel—she returned crying, and the things were all gone—they had all been in my possession—these are them (produced).
as Cannon-street—the prisoner came up to me—I knew him before—he said, "Do you know what it is o'clock?"—I said, "No"—he said, "Come down this street"—when I got there, he said, "Will you go to that public-house, and get a basket for me"—I went, and left my own basket behind—when I came back my basket and clothes were all gone, and the prisoner too.
SAMUEL RICHARD SHEPHERD . I met the prisoner on the night of 28th July—he said, "Will you carry these things for me?"—I did so, and he went away—I began to cry, and the policeman came up and took the things—I am sure that the things the policeman took, are what the prisoner gave me.
Prisoner. 1 know nothing about them.
GUILTY . Aged 16.— Transported for Ten Years.
(There were two other indictments against the prisoner.)
1637. HENRY DASHWOOD , stealing 2 bottles, 2 quarts of ale, and 3 pints of wine, value 9s. 4d.; 3 sovereigns, 2 half-sovereigns, 10 shillings, 1 sixpence, and 2 pence; the property of Thomas Edward Bushnell, his master.
MR. METCALFE conducted the Prosecution.
MARY ANN VIDLER . I am daughter-inlaw to Mr. Bushneil. I was acting as bar-maid for him on 7th Aug.—the prisoner was in his service—he came to me that evening, and asked for two bottles of wine, two bottles of old ale, and change for a 5l.-note—I gave him the articles, and 4l. 10s. 9d. change—he said he wanted to take them to Lowndes-square—he did not return—I never saw the 5l.-note, nor heard of such a customer.
Prisoner. I had no wages; I own I had the things, but I did not steal them. Witness. He was employed as an odd man—he had no wages, but his dinner and supper.
THOMAS EDWARD BUSHNELL . I keep the Turk's Head. The prisoner had no authority from me, or any other person that I know of, to get this cash and wine—he was my servant—I have inquired at every house in Lowndes-square—I have never had the 5l.-note.
The prisoner's statement before the Magistrate was read as follows:—"I am very sorry. I was never locked up before; it would never happen any more. I have no objection to pay 7s. a week till such time as it is paid."
GUILTY . Aged 30.— Confined Four Months.
SAMUEL ISAACS . I am a general-dealer, and live in Cutler-street. On 21st July, I was going along—I met Fox, and went with him to a skittle-ground—I there saw Smith—he was the waiter—he fetched a pint of ale—they begun to play with skittles, and one man said to me," That old man has got plenty of money"—Fox lost some games—he came to me and said, "I will play you"—I could not play at skittles; my business does not allow me to stop in public-houses—I was going to walk off, and he took my gold guard from my neck, and a silver one from my waistcoat pocket—he wrapped them together and put them into his pocket—I said, "Give me my guards"—he would not—I went to the steps to get a policeman, and Fox
took my coat and tore it—Smith came and pushed me right on to the skittle-ground, and said, "Come on, you old rascal?"—I went to the door and a mob came round me—I said, "For God's sake go call a policeman"—the people said, "Let no one out"—it might be half an hour before the policeman came—before he came, Fox came from the skittle-ground, and began to call me bad names, and said, "You Jew b----r, will you go away from the door?"—I said, "I will give you in charge"—I have lost the gold guard—this is the silver one (produced).
Cross-examined by MR. METCALFE. Q. How do you get your living? A. I am a general dealer in clothes and jewellery—this silver chain was in my right hand pocket—I had a metal chain in another pocket—I did not know these men before—I drank a little—I did not play with Fox—I did not play a game for some beer—I sat on the bench—the skittle-ball came right against my feet; I took it and gave it to Fox—I did not play for beer, and afterwards for some money staked by Fox against the chains—there was only Smith there, and two gentlemen besides—I never was in the skittle-ground before—Smith fetched the beer; he took the first glass, and then I drank a little drop—I had not been drinking before I went there—I am not a drinker—I was in trouble nearly five months ago; I exchanged a guard with a man; he was not satisfied, and charged me with stealing it, but it was a fair exchange—the Lord Mayor dismissed it.
HENRY HODGES . I was passing the Crooked Billet—I saw Isaacs, he cried out that he had lost a gold guard and a silver one—Fox came and put the silver guard into Isaacs' pocket—Fox then wanted to get out of the house—Isaacs would not let him go—he still cried out—an officer came; he went in and brought Fox out.
SAMUEL HENCHER . I was passing—Isaacs said he had lost a gold guard and a silver one—he was crying bitterly—Fox made his appearance after a while, and shoved the silver guard into Isaacs' pocket, and attempted to get away—Isaacs prevented him—he said, "You shall not go till I have my gold guard."
Cross-examined. Q. What sort of a place is this? A. It is down stairs—I cannot say whether persons could get out the back way; they could get to the bar—the skittle-ground is covered over; it goes down by the cellar, and there is a yard as well—it appears to be a place made from the yard—I should say there were ten persons there—I saw this metal chain with the prosecutor—I said to him, "Is this what you call the gold one?"—he said, "No; that has nothing to do with it"—Fox said to me, "Keep that in your own possession;" and he said at the station that that was the gold chain which Isaacs spoke of—I found three shillings on Fox, and a dummy or medal.
COURT to SAMUEL ISAACS. Q. Where was Smith when this property was taken from you? A. In the skittle-ground, near to Fox—he afterwards came and shoved me away from the door—he kicked me, and said, "Go away you d—d Jew vagabond."
Witnesses for the Defence.
THOMAS BEASELEY . I am a labourer, of Mitre-street, Aldgate. I did not know the prisoners previous to this—on the day in question I went into the Crooked Billet to have a pint of beer—I heard them skittle-playing, and went down to the skittle-ground with the pint of beer in my hand—Fox and Isaacs were playing—they played another game, and they had a pint of ale in—the
waiter asked for the money, and Isaacs said, "I will pay you next game"—he proposed playing a stake—he said he had no money—he put the chain in the band of a stakeholder, I do not know who that was—there were six persons there—I saw the chains when they were in the man's hand—one was a white one, it was termed a silver one—the other was a yellow one—they were small chains that they pass round the neck—the yellow one was not gold, because I looked at it; it was some imitation—he took the yellow one out of his left-hand breeches-pocket, and the silver one out of the bottom drawer of his box—some money was put into the hand of the stakeholder, and the game was played, and won by Fox—Isaacs then began crying, and said, "You robbed me of a gold chain and a silver one"—Fox looked, and said, "What do you mean by playing with men in this manner"—he held the chains in his hand, and said, "What do you mean by such things; these are not worth a halfpenny"—Isaacs went to the door and said he would fetch a policeman—Smith said, "Come back, and take your chains"—Fox gave them him, and said, "You are a common rascal; don't you do this again, you will get took in for it"—this happened just outside the door, in the yard.
COURT. Q. What time was it you went there? A. Between three and four in the afternoon—I went by myself—Isaacs and Fox, and a sailor, and the stakeholder were there—I heard Isaacs, over and over again charge Fox with stealing the chains—I was present when the policeman arrived; I saw him take Fox for stealing them—I told him Fox had won the chains fairly—I did not go before the Magistrate; I do not know whether Fox made such a defence there—when I told the officer that Fox had won the chains, he asked Isaacs to deliver the chains over to him, which he did—I am an orange-porter—I have worked for Mr. Hart six years—I do not often go to that skittle-ground—the silver chain was not shoved into Isaacs' pocket; if it has been sworn that it was, it is false.
MR. METCALFE. Q. Did you go up to the door? A. Yes; Isaacs had his hand against the door, holding it—Fox went to the door and said, "You shall not go out till you give me my chains"—Fox said, "There are your chains"—the swivel end of the white one hung out of his pocket.
JURY to SAMUEL DAMERAL. Q. Did Beasely say anything to you about the chains being played for? A. No, I did not see him—he might have been there—when I was bringing Fox out of the skittle-ground I said, "Those parties who know anything about it had better come to the station."
FOX— GUILTY . Aged 48,— Confined One Year.
SMITH— NOT GUILTY .
Cross-examined by MR. METCALFE. Q. When had you seen the watch? A. Half-an-hour before—I was on the race-course.
HENRY EDWARDS (policeman, 128). I was on the course—I watched the prisoner and four others for a quarter of an hour or twenty minutes—I saw the prisoner and another go to the prosecutor—they came back and spoke—the prosecutor then moved to the winning-post—the prisoner aud the other followed him there—he then moved to where he was at first, and the prisoner and the other followed him there, and just as the horses started I saw the prisoner put his right arm round the prosecutor—the prisoner and the others
made off—I spoke to the prosecutor—I then went after the prisoner—I ran, I suppose, for an hour and a half, and he was running all the while—I lost sight of him once, just as he turned into the Park.
Cross-examined. Q. There were a good many persons round? A. Yes, the horses had just started at the time I saw the arm put round the prosecutor—I then heard the words, "They are off," and the prisoner moved away—he was stopped by another person, and I took him immediately—he gave his address, which I found was true; I found his mother was living there—I found 1l. 3s. 1d. on him, and a mourning-ring, which he told me he bad purchased at Mr. Barker's—I went there, and Mr. Barker said he had sold it to somebody, but he could not say who—I found nothing else on the prisoner but a bottle—this is the Magistrate's handwriting—(read—"The prisoner says, 'I know nothing about it; I was running after one of the men.'")
CHARLES WEBB . I was with Edwards—I watched the prisoner—I saw him follow the gentleman from one place to another—he then put his arm round him, and his head close to him, looking at the horses—he stood there as long as the gentleman did—he then left his friends and went to the winning-post; then, when the horses came in, he returned to his friends, and the prisoner and his companion followed him again over to his friends when the horses came in.
NOT GUILTY .
MR. COCKLE conducted the Prosecution.
SABINA CASTERTON . On 14th Aug., I went with Mary Ann Callaghan to look at a room in Bell-yard, Westminster, about half-past one o'clock—I was behind her—she went up-stairs to the top of the landing, but she did not get to the door before Ann Gibbons came out of the room and struck her—I did not see with what, as I was behind her—I went down stairs, and Ann Gibbons came with a poker and struck Callaghan over the head with it—when she was striking her, she said she would split her head with a poker—I ran for a constable.
JULIA MURPHY . I was in Bell-yard, about half-past one o'clock that day—Ann Gibbons was drunk, and swearing about Bell-yard—I saw her take a great water-jug and strike Callaghan over the forehead—she then went into the room, took the poker, and struck her over the head with it—her head bled—I saw Stephen Gibbons shove her, but did not see him do anything else—I heard Ann Gibbons say she would split her head open.
LEVI WRIGHT . I heard a cry of" Murder!" and I and my wife walked into Bell-yard—I saw Stephen Gibbons raise Callaghan up, and strike her with his hand, but whether on the face or the bosom I cannot say—I saw Ann Gibbons take the jug and knock Callaghan down, then she went and got the poker and struck her on the head with it.
GEORGE BROWN TURNER . I was house-surgeon at the Westminster Hospital on 14th Aug., when Callaghan was brought in there—I examined her head and found two wounds immediately over the forehead—they were both cuts, but were not serious.
Stephen Gibbons' Defence. I came home at nine o'clock at night and she was making a row; she bit my ear off.
Ann Gibbons' Defence. She has assaulted and ill-used me; I went in at ray door, and she came up and was breaking it open.
STEPHEN GIBBONS— GUILTY of a Common Assault. Aged 49.— confined One Week. ANN GIBBONS— GUILTY of a Common Assault.
Aged 40.— Confined Nine Months.
MR. COOPER conducted the Prosecution.
JOHN BARRETT . I am a labourer, and live in the Match-walk, Shad well. On 22d July, between twelve and one o'clock at night, I was at the house of my cousin, Cokeley—while there my cousin's wife came in and made some statement—I went with Cokeley to the prisoner's door—I asked him to come out—he told me to go away—I put my hand and foot against the door—he again told me to go away—I went back from the door—some of the women came between me and the door, and the prisoner came out and drove a knife in me—I did not see him do it—my left side was towards him—I bad one wound in the thigh, one in the groin, and one in the ribs—a great deal of blood came from me—I was taken to the hospital, and was there four weeks and two days.
Cross-examined by MR. METCALFE. Q. Who went with you to this door? A. Cokeley and his wife, and another man—when I first went to the door the prisoner told me to go away—I went a little way from the door, and took my coat off—I went to the door again, and told him to come out, and I would push my hand in his guts—he was inside—I pushed against the door—I did not see the prisoner give me the wounds—I did not say I would not go away till I had his liver.
MARY COKELEY . I recollect on that night the prisoner called me an ill name—I went to my house, and my husband said he would go and ask him what he meant by it—he and Barrett and I went to the prisoner's door—he opened the door and came out, and his wife called out, "He has got a knife to stick the first man"—I did not see the knife, but I felt it graze against my hand—I did not see any one strike the prisoner.
JAMES MOLIN (policeman. K 99). I went to the place—I saw the prosecutor, the blood was running down from him—I said, "Who did it? "Mrs. Cokeley said it was Dacey—I asked where he was, and they said he was gone into the next house—I knocked at the next house—the prisoner was there—I said to him," What did you stab the man for?"—he said, "What does he come to my house and make a noise for? I would stab any man that does that"—I said, "Where is the knife?"—he put his hand into his pocket, pulled out this knife, and said, "Here is the knife I stabbed him with."
WILLIAM HENRY HOLMAN . I am house-surgeon at the London Hospital. On 22d July Barrett was brought in—I found one wound in his left thigh, another in his left groin, and a small one in his left side—the one in the groin was very deep and dangerous—I had a doubt whether it had entered the abdomen or not—he was in the hospital four weeks—a knife like this would have inflicted snch wounds as he had.
GUILTY . Aged 39.— Transported for Seven Years.
MR. PLATT conducted the Prosecution.
about a quarter before ten o'clock on Saturday night, 11th Aug.—the prisoner and another man came out of a field and asked me the way to town—I told them—they went along in that direction—I then saw them stop, and I went into the field and hid myself—I saw a horse in the field tied to the rails—it had a leather bridle on—I secreted myself, and the two men came back—I listened, and one of them came into the field—I heard a sound of the gate opening, and the prisoner said, "Come on"—I saw the horse which I had seen before, come out of the gate—the other man was sitting on its back, and directly he got out of the gate he galloped away—the prisoner stood at the gate while the other man went out—I came to the gate and it was open—it was off the hinges—a horse could not come out without it was taken off—it was fixed on one side—the man on the horse went off, and the prisoner ran after him—I went, and overtook the prisoner about 200 or 300 yards off—I asked him if he saw a horse pass—he said, "No"—I asked where the man was that he had been with in the field—he said he had not been in the field.
WILLIAM CHEEK . I rent a field at Stoke Newington—I took a gelding in to graze for Mr. Walter King—it was safe in that field about nine o'clock at night on 11th Aug.—the policeman afterwards came to me about it—Mr. King values it at 15l.—it has never been seen since.
Prisoner's Defence. I went to take a walk, and as I was coming along the Green-lanes at night the police stopped me, and asked if I had seen a horse; I said, "No."
GUILTY . Aged 18.— Confined Eighteen Months.
ZACHARIAH CHRISTOPHER LOWICK . I live at 21, Well-street, Wellclose-square—I have one partner. The prisoner came to me and wished to have some clothes—I requested security, and he told me he would get his cousin to become security—I did not know his cousin at that time; I knew he had one—he said his cousin should send me security the next day—accordingly the next day I received this letter by post, purporting to come from his cousin—in consequence of this letter I let the prisoner have the goods—they were a pair of shoes, two pairs of stockings, and other things—I certainly should not have let him have the goods but for this letter—it is addressed to Mr. Pike, my partner—(read)—"Haymarket, July 11, 1849,—Sir, I now write according to my cousin John's wishes, for he told me that you want a security for him in the way of business. I have pledged my word to him that I will stand security for him to the amount of 30l. and no more, because he is such an infernal fool with his money; yet I shall be most happy to see you any evening from six till eight. I have written this on purpose to satisfy John, and you can safely rely upon what I have said, for there is nothing wrong with John. Excuse the scrawl, as I have written this in a hurry for the eleven o'clock post. Do what you can for John, and see him righted with Mr. Chillpotts, and by so doing you will greatly oblige yours, &c., Henry Cullingford."—When the prisoner came he said, "Mr. Pike have you had a letter from cousin Henry?"—I said, "Yes, I have"—he said, "I saw him last night, and he becomes security for 30l."—I said, "Yes"—he said, "Are my clothes ready?"—I said, "No"—he said he wanted some shoes and stockings—it was in consequence of what he said, and this letter, I let him have the things.
Cross-examined by MR. METCALFE. Q. You had let him have goods
before? A. Yes, and they have not heen paid for—the amount of these was 5l. 2s. 6d.—he said he was going to have money from Somerset House.
HENRY CULLINGFORD . I keep the Waterloo Tavern, in the Haymarket. I am cousin of the prisoner—I have not become security for him—I did not write this letter—I had not seen him the night before, nor for nearly a fortnight.
Cross-examined, Q. Do you know whose handwriting it is? A. No; the prisoner has been a seafaring man for five or six years.
MR. LOWICK re-examined. At the station-house there was part of the copy of this letter found—the prisoner wrote his address and gave it to me, and the writing corresponds with the letter.
(The prisoner received a good character.)
GUILTY —Aged 27.— Confined Four Months.
ROBERT RANDALL— GUILTY . Aged 19.— Confined Nine Months.
DANIEL RANDALL— GUILTY . Aged 15.— Confined Six Months.
MR. MELLER conducted the Prosecution.
SARAH ROWELL . I am the wife of Charles Rowell, we keep an Alton ale-house in Cheapside. The prisoner called on me on 12th July and wanted to borrow 1l. 3s.—he said he was a Sheriffs-officer, and he had taken a man into custody—I lent him the 1l. 3s.—he said he had a 10l. country bank-note, he wanted to get change for it, and he would pay me the money in an hour or two—he appeared to bave a person outside—when he got half-way across the bar, he waved his hand, and said, "It is all right you can go on now"—he had before said he had left the person in charge of another man—he did not call again in an hour—he came on the following day and went into a little room adjoining the bar—he polled some papers out of his pocket, and sat down and wrote—there were several persons there, and when they were gone he came and put down 3s.—he said, "I wish you to take that"—I said, "You remember you owe me 1l. 3s."—he said, "I know that, but I want you to take this"—I asked him if he had got the note changed—he said, "No"—I asked him if it were a genuine one—he said that was very doubtful—I should not have lent him this money if I had not believed him to be a Sheriffs-officer, and that what he represented was true—he had a small piece of paper in his hand at the time.
Prisoner. I do not deny having the money of her, but this is a malicious prosecution against me by a party who said that they would ruin me—would you have given me into custody but for a man named Montague? Witness. I do not know him—no person called to tell me to give you into custody.
JAMES PRICE . I am a clerk in the Secondary's office. I have seen the prisoner about Guildhall—he is not an officer in the employ of the Sheriff; if he had been 1 should have known it—I have seen him employed as a porter waiting about the Court—I think he has served copies of writs—he could not take a person into custody to my knowledge in London.
GUILTY .— Confined Six Months.
MR. METCALFE conducted the Prosecution.
CHARLES ROGERS . I am cashier in the bank of Sir Charles Price and Co. On 2d July I paid a check for 342l. 19s. 10d., drawn by Mr. Francis—I paid 340l. in bank-notes—I paid 5l.-notes from Nos. 55717 to 55720—the notes which are produced are part of what I gave.
WILLIAM TIPPLE . I live at 8, Montague-cottages, King's-road. On 2d July I received at the bankers 340l. in bank-notes—I retained two 5l.-notes myself, and gave my wife 330l.—I and my wife were on that evening in Exmouth-street—three persons behind pushed against us, and pushed us forward, I fell on my kness, my wife fell and hurt her face, and got a black eye—I never saw the prisoner that I know of.
ELIZABETH TIPPLE . I am the wife of William Tipple. I received these notes from my husband—I put them in my black velvet bag, and put it in the bosom of my dress, just as I received them from my husband—after that we went to Exmouth-street, and were pushed several times—it was then about twelve o'clock—a very little time before I was pushed, the money was safe—my husband said, "Give me the money again," and I would not—I remember having a blow struck at me—I afterwards got to bed without undressing—I did not notice the loss of my money that night—the next morning it was gone—I was not molested after I was pushed against, till I got home.
FULLER SMITH . I am a coach smith. I have known the prisoner seven or eight years—he worked for me two years; and since that, occasionally—on 3d July he came to my shop, about half-past ten o'clock in the morning—I was very cross with him—I had missed him for a fortnight—I asked him where he had been—he said, "All right, master"—I went to a horse and chaise which was at the door, to attend to a customer, and when I came in again the prisoner presented me a 100l.-note—I said, "Where did you get that?"—he said, "You know I told you I was expecting some money"—I showed the note to the gentleman, and I looked at it; we thought it genuine—the prisoner said he took it on Saturday, and he asked me if I would get it changed for him—I said I could not attend to it then, but if he would come again I would get it changed—he came again about half-past twelve, and I went with him to the bank and got it changed—he did not go into the bank with me, he stood at the door—I asked him what I was to get for it, and he said all gold—I got 60l. in gold, and a 40l.-note—I asked him what he was going to do with it—he said he was going to pay 60l. for a coffee-shop, and he said, "I will leave the note in your hands; it is no use to me"—he said he would come the next day for it and bring some more to put into the Savings-bank—he did not come again—this is the 100l.-note that he brought to me, it has my name and address on it—when he came to me, he had a long blue coat on, and a long napped hat, which appeared to be new, but it had been sadly used—this 10l.-note has" John South "on it, which appears to be the prisoner's writing.
DANIEL REEVE . I am a clothier, and live in Ratcliff-highway. The prisoner came to me on 6th July—he looked out between 4l. and 5l.-worth of goods, and he tendered me in payment this 50l. note—I went to the bank to get it changed, and it was stopped there—the prisoner had a frock coat on and a navy-cap with a gold band round it—I pressed him to buy some more goods—he said he had but little money, and he wanted to get to sea again as soon as possible—when I got back from the bank, I said to him," This is a pretty business; this note is stolen, and I hear it is stolen from Mr. Tipple"—he said he had it from his friends, and then he said the truth was he had
found it—I asked if he had got any more—he said, "Yes, 150l."—there were two other persons outside who had bought something of me, and when the prisoner went away, they joined him at the public-house, and appeared quite friendly—they appeared strangers when they were at my house.
JAMES BRUCE . I am a publican. On 3d July, the prisoner came to my house about eleven o'clock in the evening—he saw a person that he seemed to know—he said, "Jack, how are you? I have got some more money left me, and I shall have some more before long"—when he was going, he said, "Take care of this money for me," and he gave me 3l. 10s. in gold, and two 5l. notes—he came the next day and had one of the notes of my wife, which was No. 55719—this is the other; it is No. 55720.
JOHN BURKE (policeman, N 277). I was in a public-house looking at a placard describing this robbery, and the prisoner turned round, and said, "I am the person described in that bill"—I raid," I don't want you to tell me that, for I must speak it against you hereafter"—I then took him into a private parlour—he there said that he had had the money, and changed the notes, and he gave some away, and had spent the rest—he said he found it in a letter at the bar of a public-house, but he could not say where.
Prisoner's Defence. I found it—I then got with a lot of people, and they got some of it from me.
THOMAS WITHERS (policeman, N 211). I produce a certificate of the prisoner's former conviction at this Court by the name of John South—(read—Convicted October, 1848, confined three months)—the prisoner is the person.
GUILTY . Aged 25.— Transported for Ten Years.
JAMES HOLLOWAY . I live at Chelsea, and am a cordwainer. I knew the deceased, Joseph Smythers Beauchamp—on 17th July, I was drinking with him at the White Horse in Church-street—the prisoner came in, and joined us—we had several pots together, and the prisoner and the deceased got in conversation about Richmond—they had a quarrel, and they got up and fought—I separated them, and then we all sat down for a few minutes—the prisoner left, and he came back again, and we sat down again for two or three hours—we then went out together, and prepared to go home—there were four of us—we went through the coach-ride, and the prisoner and the deceased were rather in advance—I heard some more words arising, and they came to blows—the prisoner lifted his hand, and struck the deceased—the deceased had struck the prisoner in the tap-room, but he did not strike him then; he never lifted his hand to him—Wilson was with me, and he interfered—he struck the prisoner, and he stood up and fought till Wilson fell down—the prisoner then turned in an instant, and struck the deceased—he staggered, and fell heavily—his head caught the post which stands at the head of the gateway—I helped to raise him in a sitting position—he seemed quite insensible—I left his head against some other man's legs while I went to get some water—I assisted to take him home.
Cross-examined by MR. REPTON. Q. Were you drinking in the White Horse before the prisoner came in? A. Yes; I and the deceased—we might have been there an hour—we had perhaps two or three pots of porter—the prisoner was a stranger to me, and I believe to the deceased—they were talking about different persons living at Richmond, then angry words ensued, and they got up to have a fight—the deceased was standing leaning over the table—he did not take his coat off; I will swear that—they exchanged
blows, and after that they became reconciled to each other—the prisoner went out, and came back in about an hour, and nothing more was mentioned—I dare say we remained there three hours—there were two others there—two or three hours elapsed between the first and the second row.
SAMUEL WILSON . I am a shoemaker, and live at Cross Keys-court, Chelsea. On 17th July, 1 was drinking with the prisoner and the deceased—we went together, and when we arrived at the coach-ride I had a round with the prisoner, and he turned to the deceased and struck him—he staggered and fell—the prisoner then came to me again—I heard a terrible sound, and some man said, "You have killed him"—I assisted the deceased home to his lodging—he did not strike the prisoner in the ride—he could not have struck him without my seeing it.
Cross-examined. Q. You had a fight with the prisoner? A. We had a round—the deceased was struck once before that, and then he was struck a second time after that—I attacked the prisoner, for the purpose of taking the deceased's part, before he received the blow which knocked him down.
WILLIAM FALLS . I am surgeon to St. George's hospital. The deceased was brought in on 17th; he was insensible; he died on the 19th—I witnessed the post-mortem examination—the cause of his death was a fracture of the back of his head.
Cross-examined. Q. In what state was he when brought in? A. In a state of insensibility; he was bled—I found the anterior lobe of the brain was lacerated—he might have bad laceration without the fracture, but the concussion was the result of the fracture; they both occurred at the same time—the concussion was necessarily caused by the fracture, and that was caused by the fall. (The prisoner's master gave him a good character as a quiet steady man.)
GUILTY . Aged 33.— Confined Nine Months.
THIRD COURT,—Monday, August 27th, 1849.
PRESENT—Mr. Ald. HOOPER; Mr. Ald. CHALLIS; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the First Jury.
MESSRS. CLARKSON and PARRY conducted the Prosecution.
GEORGE ATTENBOBOUGH . I am a pawnbroker, of 204, Fleet-street. On 2d Aug., about a quarter to eight o'clock in the evening, Henry Norriss came to my shop with these four saltcellars (produced)—it was twilight—I had a light in one part of the shop—my shopman looked at them, and threw them into the silver scale—while he was writing the ticket, I did not like the appearance of the saltcellars, and took one up, and said, "What have you here?"—Norriss said, "Four silver saltcellars"—I said, "What do you want on them?"—he said, "3l. 5s."—I said, "Are they yours?"—he said, "No, they belong to a lady, and cost 8l."—I said, "What is the name of the lady?" and wrote down his answer, "Mrs. Norriss, 14, Portland-street, Oxford-street"—I said, "Is the lady related to you, as you bring the salts?"—he said, "No, she is merely an acquaintance"—I said, "What is your name?"—he said, "Henry Stone; I live at High-street, Notting-hill; my father is a whip-maker"—I wrote it down—I said, "It is very singular you should bring the
salts for a lady in Portland-street, you living at Notting-hill?"—he appeared confused, and I pressed him further, and asked the number at High-street—he said the houses were not numbered, but his father was well known, being a whip-maker—he said, "I will send Mrs. Norriss"—I said. "I will not trouble you to do that, I will send for her"—he said, "No; I will tend my elder brother"—while I was questioning him, he said, "Here is a watch and chain, I will have 4l. on these as well"—I had gone on the other side of the counter, seeing him uncomfortable, and he attempted to push by me—I would not let him pass, and sent for a policeman—I told him what had passed, and said, "You don't wish to make any alteration in these statements, I pre-sume?"—he said, "Yes, I should; let me see, what have I told you?"—I said, "You told me your name is Henry Stone; is that so?"—he said, "No, my name is Henry Norriss"—I gave him in custody, suspecting the salt-cellars were not silver; if silver, I would lend 6s. an ounce on them, which would be 3l. 5s.—they weigh eleven ounces—knowing what they are, I would lend 10s. on the four—here is the appearance of an old genuine hall-mark—they have the appearance of old silver.
Cross-examined by MR. PRENDERGAST. Q. Is not the head on this mark as much like the Queen as one of the George's? A. No—I see nothing resembling the leopard—that would be one of the principal marks—economists use electro-plating very much—Mr. Elkinton electro-plates on a white ground—that would stand much better than this, which is on copper, it would not be detected so easily.
Cross-examined by MR. WILDE. Q. What is the difference in the value of electro-plated goods and silver? A. A dozen electro-plated table-spoons would cost about 35s.—it is the fashion to imitate ancient patterns.
MR. CLARKSON. Q. Did you ever know Mr. Elkinton sell electro-plate for silver? A. No—he puts no mark intended to imitate the Hall-mark—the value of electro-plate depends on the quantity of silver thrown upon it—a dozen silver table-spoons would cost 15l.—I could not find Mrs. Norriss at Portland-street.
EDWARD NARBORODGH (City policeman, 369). On Aug. 2nd, about eight o'clock in the evening, I was called, by Mr. Attenborough, who made a state-ment, in the prisoner's presence—he said his name was John Norriss, and he lived at 14, Portland-street, Oxford-street—I took him to the station, and found on him a duplicate, dated 2d Aug., for four silver saltcellars, pledged at Dobree and Tomlinson's—he said he had pledged them the same day—I went to 14, Portland-street, but found no such name as Norriss—I went to No. 12, and found a person named Norriss, but she knew nothing of the prisoner.
Cross-examined by MR. WILDE. Q. You say he said bis name was John? A, Yes; he did not say Mrs. Norris lived at No. 14.
HENRY NORRISS . I live at present at 44, Broad-street, and did so on 2d Aug.—I lived for a long time at 12, Portland-street—I am married—I do not know either of the Norriss's—I never saw them till they were at the station-house.
WILLIAM BENHAM TOMLINSON . I am a partner in the house of Dobree and Tomlinson, of 254, Strand. On 2d Aug. the prisoner, Henry Norriss, came between seven and eight o'clock in the evening, with these four salts (produced), and asked me 3l. 5s. on them—I advanced him 3l.; eleven ounces, at 5s. 6d. an ounce» and he then redeemed a brooch, which he had pledged the day before for 15s. 3d.—the salts turned out to be copper, electro-plated; the legs are white metal—seeing the hall-mark, I supposed it was right—I said, "Are these silver?"—he said, "Yes," and 1 wrote this ticket—he gave his
address, "John Norriss, housekeeper, 14, Portland-street"—I said, "Are they your own?"—he said, "Yes"—they appear 100 years old.
Cross-examined by MR. WILDE. Q. Was it an unusual time to pawn things? A. No—we do as much business between seven and eight as at any other time, so that a person wanting to pawn them would go at the busiest time—here is the duplicate—it is for four silver saltcellars.
DANIEL MAY (City policeman, 357). On Aug. 3d I saw George Alfred Norriss outside Guildhall—his brother had been examined, and remanded—I asked him if he had got a brother in custody, charged with attempting to pawn some saltcellars—he said, "Yes, I have"—I asked if he gave them to him to pawn—he said, "Yes, I did"—I took him in charge—on 13th Aug. I went to Miller's house, 19A, Titchfield-street—I had a warrant—it is a tobacconist's, and there is some jewellery in the window as well—I inquired for him in the shop, and was told he was not at home—I had not my uniform on—I went up-stairs, and found him in the first-floor front room with a galvanic battery and the apparatus for electro-plating—I asked if his name was Miller—he said, "Yes"—I asked if he had an apprentice named Jacob-son—he said, "Yes"—I asked if he sent him to pawn some saltcellars at Mr. Gardner's—he said, "Yes"—I said I was an officer, and had a warrant for his apprehension, and asked if his apprentice gave him the money—he said yes, he had no doubt of that, for he knew he was very honest—in going to the station he complained very much of a man named Jacobson—he said he had only sent three sets to be pawned; that Jacobson had done the business, for he had executed several orders for him.
Cross-examined by MR. PRENDERGAST. Q. What is Mr. Jacobson? A. A jeweller—there is a Jacobson of Tottenham-court-road, a jeweller and watch-maker—Miller told me he was an electro-plater, and showed me all his apparatus; that was after I had taken him into custody—there is" Miller, electro-plater," on a brass plate on the door, and specimens of his manufacture in the window, spoons, and I believe a cream-jug, but no saltcellars—I saw more salts up-stairs, five sets (producing them)—they were on the table—they are only copper.
Cross-examined by MR. WILDE. Q. Who gave you directions to cross-examine Alfred Norriss? A. No one, but I understood that the Court would at once go into the question if I took him in—it might have been half an hour after the examination—I was in plain clothes—I bad had a conversation with Mr. Humphreys, the solicitor for the prosecution—I did not warn him that I was a policeman, and that what he said might be used in evidence against him—it was his brother's statement which induced me to question him—I do not know that he had come to give evidence for his brother—it was after my conversation with Mr. Humphreys, but not by his direction—I know several Jacobson's, and have heard there is more than one connected with this case—I do not know the one to whom I believe you are alluding, Mark Jacobson's brother—I do not know Mr. Turner, a solicitor—I may know him by sight—I do not know Jacobson's solicitor—I have never had any conversation about Jacobson to a solicitor—I have been inquiring after Jacobson—I swear I have not had him in my custody since the examination—I never received money from any of his friends to liberate him—I never saw him yet, and have not even been authorized to take him—I do not recollect any conversation with Mark Jacobson—my chief conversation was with Mr. Yardly, the pawnbroker, who informed me who Jacobson was.
MR. CLARKSON. Q. How long have you been an officer? A. Eight years—there is no reason for the suggestion that I have taken money not to
apprehend any person—I never in my life apprehended Jacobson of Tottenham-court-road—I have never seen him—I called at his house to summons him, and he was not at home—I never held, or applied for, a warrant against him—here are four out of the five sets of salts which I found in Miller's house, with no appearance of a hall-mark on them.
MARK JACOBSON . I was called as a witness for the Norriss's before the Magistrate—after my examination, I was required to find sureties for my appearance, and did so—I have been Miller's apprentice about two years—on 2d August, I lived at 19A, Great Titchfield-street—it is more a silver-smith's than a tobacconist's shop—there is a plate and a board over the shop, denoting that he is an electro-plater.
Q. Do you know Jacobson, of Tottenham-court-road? A. I know Woolf, of Tottenham-court-road; he is a relation of mine—I do not think I am obliged to say whether my master works for him—my master has a customer named Jacobson, of Tottenham-court-road; he is my brother-inlaw—I know George Alfred Norriss; he is a watch-maker—he repaired watches for Mr. Jacobson; he used to work for him—I have seen him working in Jacobson's shop—my master has made some salts like these, in my presence—I believe he has sold some to Jacobson, but not in my presence—I have been present when he has sold them—George Alfred Norriss, never worked for Mr. Miller—these salts were made from articles like this copper one—it is within twelve months that he made the first—I object to say whether I have pawned any of them—I have got no right to disclose any secrets of my master's, and I object to answer, because it might incriminate myself—I have bad as many as four in my pockets at a time, but not often—I have no notion how many he has made—I object to say whether I have been sent anywhere with them, because I believe it is incriminating myself—I was taken to Bow-street about six months ago, from 4 1/2 Broad-court, Long Acre—I had been to a pawnbroker named Ashman—I object to say whether I had any salts with me—Miller came to me at the station—I did not know what I was charged with—they did not bold the charge—I had some salts with me—I first heard of the Norriss's being in custody on a Friday, two or three weeks ago, between eight and nine o'clock in the morning—I was then at my master's—I do not know whether he was at home—I saw him that day—he quitted home about five or six hours after I heard that—he went for the benefit of his health—I know Mr. Yardley, the pawnbroker, of Tottenham-court-road—I object to say when I was there last, or how often I have been to pawnbrokers with salt-cellars, because it is incriminating myself—I never had any saltcellar of the kind which I did not receive from my master—yes, I believe I had one; I got it from my brother-inlaw.
Cross-examined by MR. PRENDERGAST. Q. Does Miller work for various silversmiths? A. Yes; Mr. Edwards, of Jewin-street is one—he sometimes mends plate—when he went away, the doctor ordered him out of town—he had been in the hospital for a month—he was in the habit of going out of town frequently afterwards—he returned in a short time, and resumed his employment—he was away two or three days—he always went out of town on Friday, and stopped till Monday evening, or Tuesday morning—he went on a Friday on this occasion, and stopped till Tuesday—I believe he then resumed his work as usual—these salts would be sold as plated at 3l.—I remember a set of four being sold to Mr. Gardiner for 2l. 15s.
Cross-examined by MR. WILDE. Q. Miller is well known in the trade as an electro-plater of considerable skill? A, Yes—the foundations of these
salts would cost 9s. each salt, with the chasing—the casting of the four would cost as much as 12s., and the chasing would be 12s. more; the plating, 12s. more, and the gilding, about 3s. each—it would depend on the depth of gold—these are unusually thick—it would take a man three or four days to make a set—they were exposed in the window for sale, and a price set on them for the trade, and another for casual customers—they are worth between 2l., and 3l.—I think I have told the Norriss's that a pawnbroker would give 3l. for them.
MR. CLARKSON. Q. What would these copper foundations cost? A. About 24s.—it would cost about 6s. or 7s. each to finish them in my master's thick way.
CHARLES THOMAS YARDLEY . I am a pawnbroker, of Tottenham-court-road. On loth March, about seven o'clock in the evening, the witness Jacobson came to my shop to pledge four salts—I took them for silver, and gave him this duplicate (produced)—I gave him 2l. for them—I know George Alfred Norriss—he came to my shop on 4th April, at half-past seven, or a quarter to eight in the evening—the gas was alight—he brought four salts, and said, "I want to borrow 50s. on these salts"—this is one of them (produced)—I weighed them, and told him I could not lend him more than two guineas, because the interest for two guineas would make it more than 50s.—if he had asked me 3l. I should have lent it—I lent him 42s.—he said I might as well lend him the 50s., as I well knew they were worth 7s. an ounce—if silver, they would not fetch more than 7s. or 7s. 6d.—I believed them to be silver; if I had not, I should not have lent more than 6s. on the set—he pledged them in the name of" John Atkinson, 61, Marylebone-street."
Cross-examined by MR. WILDE. Q. You have known him some time? A. Not before he came—I have not seen Jacobson before—I never recollect his coming to the shop but once—I will not swear he did not—I charged 20l. per cent interest.,
WILLIAM PETERKIN (policeman, F 55). In April last, I was at the station when Jacobson was brought—I went, in consequence of a statement he made, to 19, Great Titchfield-street, where Miller lived—he said he was short of money, and employed Jacobson to pledge the salts for him—he showed me some in an unfinished state, and said that when silvered or electroplated they looked very much like silver—he went to the station, and in consequence of that Jacobson was discharged, and twelve salts were produced there.
Cross-examined by MR. PRENDERGAST. Q. Was this the time when Mr. Ashman made the charge? A. Yes—he went, to inquire whether the goods bad been honestly obtained.
RICHARD SAYER . I am a pawnbroker, of 29, Brydges-street, Covent-garden. On 27th April, between six and seven in the evening, Jacobson brought four salts and pledged them, as silver, for 2l. 15s., in the name of James Jacobson, 15, Wimpole-street.
JOHN CHARLES WALKER . I am in the employ of Thomas Charles Serill, a refiner and melter of metals, of 54, Barbican. George Alfred Norriss came there, and after selling some gold and silver, pushed these salts across the counter, saying," You will not give me what I want for these salts"—I asked
him how he knew that—he said he wanted 6s. an ounce for them—I showed them to Mr. Johnson, my fellow-assistant, and to Mr. Serill as well, and he said they were worth it—it was about five minutes past six—it is perfectly well known that we never buy any articles at per ounce except the precious metals—I presumed them to be silver, and weighed them in his presence—they weighed 10 1/4 ounces, and I gave him 3l. 1s. 6d. for the four—I had them tested—a little scratching over the plating shows the copper—they have stamps like a genuine hall-mark, and have the appearance of thirty years old, when the hall-mark would be rubbed—if they had the polish dulled, and the mark partly obliterated, they would be more likely to deceive—they are worth about 2s. plated, perhaps 2s. 6d. gilt.
Cross-examined by MR. PRENDERGAST. Q. You would not have bought them for saltcellars? A. No—they would stand service a good many years.
Cross-examined by MR. WILDE. Q. How have you kept them? A. They have been locked up in a drawer every night—only Mr. Serill, the assistant, and me, have keys—I put no mark on them.
(The prisoners received good characters.)
MILLER— NOT GUILTY .
HENRY NORRISS— GUILTY . Aged 17.
GEORGE ALFRED NORRISS— GUILTY . Aged 20.
Confined Twelve Months.
(There was another indictment against the prisoners, for a similar offence, upon which no evidence was offered.)
OLD COURT.—Tuesday, August 28th, 1849.
PRESENT—Mr. RECORDER, and Mr. Ald. CHALLIS.
Before Mr. Recorder and the Third Jury.
1649. THOMAS POVEY , stealing 51 yards of tabouret, value 13l.; the goods of the Eastern Counties Railway Company, his masters: and JOHN THOMPSON , JOSEPH LUCAS , and SAMUEL JONES , feloniously receiving the same.
MESSRS. BALLANTINE and COCKLE conducted the Prosecution.
MARY BROWN . I am a widow, residing at Brain tree, in Essex. My husband, Abraham Brown, was in the employ of Walters and Son, silk-manufacturers at Braintree—he died on 15th July—on 2d June, I assisted him to pack up fifty-one yards and three-quarters of tabouret—it was packed in a hamper, at Mr. Cheeseman's warehouse at Braintree, and given to Mr. Cheeseman in my presence—this is the tabaret that I packed (produced).
Cross-examined by MR. PRENDERGAST. Q. That is like the tabouret, that is all you can say? A. That is the tabouret that I assisted my husband in making; I have assisted him in making many—here is my work; I can swear to it—I made no other, of this pattern—there has not been another of that pattern made in Braintree.
GEORGE CHEESEMAN . I am assistant to my father at Braintree; he is foreman to Walters and Son. On 2d June, I received from Abraham Brown the tabouret in question—I packed it with another piece of the same description—there was then fifty-two yards, worth about 15l.—after I packed it, I delivered it to Willis.
Cross-examined by MR. M'MAHON. Q. Where was it given you? A. At
the warehouse, which is about a mile from where Brown lived—I cannot say whether his wife was with him or not when he bought it—she was in the habit of coming with him.
JOHN WILLIS . I am a carman in the employ of the Eastern Counties Railway, at Braintree. On 2d June, I received a hamper from Cheeseman—I put it on the van, and drove it down to the station, and delivered it to Thomas Hayes in the same state I received it.
THOMAS HAYES . I am warehouse clerk, at Braintree station. On 2d June I received a hamper from Willis, directed "Walters and Son, Finsbury"—it was then well secured—I also got this receiving-note from him (produced)—the hamper weighed 1 qr. 25lbs.—I saw it taken by Seabrook, and put into the truck for the purpose of being conveyed by the seven o'clock train in the evening—after the truck was loaded, I examined it to see that it was all secure, and it was so.
Cross-examined by MR. M'MAHON. Q. You receive a great many of these hampers, do you not? A. Yes; I recollect this hamper particularly, because a letter came down on Monday morning saying it was 15lbs. short of weight.
GEORGE SEABROOK . I loaded the truck, No. 730, on 2d June, and put into it a hamper, directed "Messrs. Walters and Son, London"—the truck went off with the seven o'clock train, in charge of Bloomfield.
JOSEPH BLOOMFIELD . I am guard from Braintree to Witham. I received five loaded trucks at Braintree station—we left there at seven o'clock, and arrived at Witham at twenty-five minutes past seven—I there delivered them in the same sute to Hydra, the next guard—my charge ceased there.
THOMAS HYDRA . I am inspector at the Witham station. I received the trucks from Bloomfield—I placed them in the side shed to go by the Colchester goods train, and left them in charge of the night inspector, Dunster.
Cross-examined by MR. M'MAHON. Q. Did you give them into any one's charge? A. No, I left them there—I do not know whether a man of the name of Boulton was employed that morning on the premises—I do not recollect seeing him.
JOHN TUNSTALL . I received the hamper directed to Messrs. Walters', about half-past seven o'clock on the Monday morning—I weighed it, and found it was 1 qr. 10lbs.—I took it into the office, and put it before the desk—I lifted the lid up, and it was very loose; I could have put my hand and arm in.
Cross-examined by MR. M'MAHON. Q. How was it when you received it? A. The lid appeared half open—I did not receive it from any one—I took it off the platform when I went to load my trucks—it was Hewitt's duty to put it on the platform.
and a paper laid on the top of it—it was not in a separate paper, so that anybody putting their hand in might lift up the paper and take it out
GEORGE HEWITT . I am a clerk in the employ of the Eastern Counties Railway Company. It is my duty to see the trucks unloaded; two porters help me—I unloaded the trucks which came up on the Sunday, between three and four o'clock on Monday morning—I remember a parcel directed "Messrs. Walters"—it appeared to have been meddled with—I made a mark on my invoice, and it was re-weighed.
Cross-examined by MR. M'MAHON. Q. What time was it weighed? A. Early in the morning—I go to work at one o'clock on Monday morning.
Cross-examined by MR. PRENDERGAST. Q. Was it dark when you weighed it? A. No, daylight; we put out our gas at two, and I weighed it at a quarter to three—when I weighed it I could have put my arm in and taken the remainder of the goods out.
COURT. Q. In whose charge are the trucks from when they arrive till the goods are taken out? A. I am not aware that they are in any express charge—they remain on the line on the premises—there are very few of the servants there at that time.
WILLIAM WELSBY . I am in the Company's service. When the goods arrive, they are placed off the main b'ne on to the siding, that is not under cover—it is on the Company's premises; there are gates enclosing it—they are left there, and are unpacked on the Monday—we take no notice of the Company's servants going there; they may go when they please, other persons are prevented—I know Povey; he works on the line from eleven o'clock in the day till eleven at night—he does not work on Sundays—he would have no right to be there on a Sunday—he would know the premises perfectly.
Cross-examined by MR. M'MAHON. Q. If you saw respectable persons going towards the siding, you would not go and collar them? A. The gate-keeper would not allow them in—he is not here—he has charge of the gate leading to the warehouse—I suppose anybody could get in from the Shore-ditch end—Povey assisted in getting the trucks down the line—he was not a porter; he was only employed to push the trucks about—if a person in the employ of the Company were seen carrying a parcel, he would be stopped—they are not allowed to take things out of the gate till they have a pass from the person who delivered them to them—the pass would be left with the gate-keeper.
SAMUEL THODEY . I am employed in the granary department of the company. 1 know Povey—on Sunday, 3d June, I was at the place where the trucks are, to turn the trucks into the granary—I saw Povey come in, from nine to ten o'clock, and go out in five or ten minutes—he was on the premises, but not near to where the trucks are—I was there from twelve on Saturday night till half-past eleven on Sunday—I cannot say whether Povey saw me—his eyes were fixed on the ground, and he was walking along steadily—I lost sight of him after going about forty yards—I do not know where he was during that time—I cannot say whether he could have got to where the trucks were in that time—there was nothing to prevent his walking to where they were—it was about fifty yards off.
Cross-examined by MR. M'MAHON. Q. Did you see him coming out again? A. I did—I was twenty yards from him—I did not see a parcel on his shoulder or in his pocket—I do not think he could have had it hidden about him without my seeing it.
Shackell to the shop of Hampton and Russell, upholsterers, in Leicester-square, and saw this piece of stuff in the window, exposed for sale—there was no ticket on it—I went into the shop and asked the price of it of a shopman—he said, "3s. 9d. a yard," which was remarkably cheap—I saw Mr. Russell afterwards, and told him it was stolen—in consequence of what he said, I went after Jones, and took him into custody the next morning—I told him I believed he had sold some tabouret in Leicester-square, a short time back—he said, "Yes; I did"—I asked him how much he had for it—he said he could not recollect what he received for it—I said, "I am bound to ask you where you got it from, for it is stolen"—he said, "Well, I had it from a man of the name of Lucas; he had it to sell"—I then asked where Lucas got it from—he said Lucas made such goods—I told him he did not, for I had known him many years in the coach-trimming line, and he did not make such things—he then said, "Well, he had job lots in exchange for other goods"—I said, "This is a job lot; it was stolen, and I must detain you"—I then went with Shackell to Lucas's house, in Edward-street, Bethnal-green—I saw him there—he knew me—I told him I was come to speak to him about a piece of silk goods, that he had let a man named Jones have to sell—he said, "What piece of goods? I have let him have no piece of goods"—I told him it was a piece of tabouret, and that Jones was locked up, and had said he had had it from him to sell—he said, "I never did; I know nothing about it, for I am in the coach-trimming line, which you know"—I said, "Yes; I told Jones so"—I then took him to the station, had Jones out of the cell, and Jones said, "That is the man I had it of"—I directly put him into the cell, to prevent anything further being said—Lucas said, "Well, Mr. Teakle, I think I can tell you a little about this"—I had told him he must be detained—he said, "He did not exactly have it from me, Mr. Teakle, but he had it from a man of the name of Thompson"—I asked whether it was Thompson the scumboiler, in Pel ham-street—he said it was, he had seen the piece of goods Thompson had sent to his house to try to get sale for it, as Thompson did not know the value of it, but he did not know the value himself, and he recommended Jones to Thompson to sell it; Jones did sell it, and they afterwards met at a public-house, in Hare-street, where the money was paid over, and he (Lucas) had half-a-crown for his trouble—he did not say who the money was paid over by—that day I and Shackell went to Thompson's house, in Pelham-street, Spitalfields, and saw him—I told him I was come to speak to him about a piece of silk goods that he was accused of having in his possession—he said, "I know nothing about any piece of goods; I am a scum-boiler, and you know that"—I said, "Yes; I do"—I told him that a man named Lucas, and Jones were locked up, and he must go to the station, for it was ascertained they had received it from him—he said he knew nothing about it—I took him to the station, and bad Lucas out—he said, "That was the man where I went to see the piece of silk"—I told him he must be detained—he was then shown the piece of goods by Mr. Shackell, and he said, "Well, I have seen that piece of goods before; it was in my house about three or four days"—I said, "Well, how did you come possessed of it?"—he said, "Well, I will tell all I know about it: it was brought to my house by a man of the name of Povey, to sell," that he had it three or four days; Jones was recommended to him by Lucas to sell it, as he did not know the price—I then asked where Povey lived—he said he did not know—or where he was employed?—he said he believed he was formerly employed on the Eastern Counties Railway, but he did not know where he was employed at the present time—I cannot recollect whether he said when it was
that Povey left it—we went that tame day to the luggage department of the Eastern Counties Railway—Shack ell called Povey to him, and told him he should charge him with stealing a piece of tabouret from a hamper on the line—I took him into custody, and took him to the station—on the way, I asked him if he knew a man of the name of Thompson, in Pelham-street—he said, "Yes," he did—I told him he was locked up, charged with being concerned—when we got to the station, I had Thompson out of the cell, and he imme-diately said, "That is the man that brought the piece of goods to my house"—I then put them both into the cell, and told Povey he must be detained—Povey said he should like to see a piece of the goods—it was shown him, and he said, "Well, all I know about it, I will tell you; I did take that piece of goods;" that he took it there for the purpose of selling it; that he was applied to to sell it by a man named Boulton, whom he received it from—he said he did not know the value of it himself, and took it to Thompson, thinking he might know the right value—I think he said he had it on a Sunday; that Boulton brought it to him in the street, wrapped up in his cape—I afterwards went and found Boulton—he gave evidence before the Magistrate.
Cross-examined by MR. PRENDERGAST. Q. Did not Thompson say that he would have nothing to do with it when it was brought to him, and it went away? A. No; he said at first he did not know anything at all about it, and when he saw it he said it was in his house three or four days—I have known him some years—I never had him in custody.
Cross-examined by MR. M'MAHON. Q. Did not Povey say he had got it on the Tuesday? A. To the best of my belief he said Sunday—I would not swear it.
Cross-examined by MR. PAYNE. Q. When you spoke to Jones about selling goods to Mr. Hampton, he at once said, "Yes; I did?" A. Yes—I am not certain whether I asked him what goods, and he replied, "A piece of tabaret," but he was just as likely to tell me—he answered straight forward.
JOSEPH SHACKELL . I produce a bill which I received from Mr. Hampton—it was given by Jones—it is for thirty-eight yards and a half, 2l. 6s., and receipted by him—it is cut into four pieces, and stained—it has evidently been damaged by some person in several places—I took possession of it on Friday, 29th June—I have kept it ever since, and have produced it to-day—the prisoners all denied knowing anything about it till they were confronted with each other.
Cross-examined by MR. PAYNE. Q. Jones never denied that it was his bill of parcels? A. No.
Cross-examined by MR. M'MAHON. Q. Do you know anything about the management of the Eastern Counties Railway? A. I am an inspector there—I know George Boulton—for some months the duties at the goods department have not been allowed to be carried on on Sundays—the only persons allowed to be there are single men and shelters—shelters are persons who receive the trucks when they come in, and put them on the siding—it was not Boulton's duty to attend to the trucks on 3d June—neither he or Povey had any business there—I am certain Boulton did not work there that Sunday; several of the witnesses did—the trucks are left on the siding till the morning, covered over with tarpaulins—there is no one left in charge of them—a horse is used to make up the trains for luggage, but no horse is used on a Sunday.
GEORGE BOULTON . I am a carman, in the employ of the Eastern Counties Railway Company. I know Povey—he was employed to shove the trucks about—I never gave this piece of silk to Povey—I saw it for the first time when it was shown to me by Shackell—my duty is, O drive a horse on the
line—on Saturday, 2d June, I left work at seven o'clock at night—I went to work again at seven on Monday morning—I had nothing to do with unloading the truck No. 730—I was not there at all on the Sunday—it was the duty of a man named Rogers to hoist the trucks, and it was Welsby's duty to lower them—Povey comes on duty at eleven in the morning, sad leaves at eleven at night.
Cross-examined by MR. M'MAHON. Q. When does Rogers come on duty? A. At one o'clock in the day, but not on Sunday—he is not here—he is foreman of the truck shelters—it was not his duty to bring the trucks from the siding to the warehouse—the shed is, I should say, twenty feet or more below the siding where the trucks are—there are steps which go up by the gate-keeper's box—it would not take a person five minutes to go up and down again—it is about thirty yards distance—I have known Povey six or seven months, by working with him—I saw him on the Monday.
WILLIAM HAMPTON . I am an upholsterer and general house-furnisher, at 14, Leicester-square. I bought this tabouret—I forget exactly how many yards there are; the bill says thirty-eight and a half, but I think it measures forty or so—there are about three yards at one end that is stained throughout, and not worth a farthing—we thought we should be able to get, perhaps, the size of a chair out of it—we paid the value for it, 15d. a yard.
COURT. Q. Then was it cheap at 3s. 9d.? A. We should not be able to use much more than half of it, we should eut it up for chairs or sofas; we could not sell the whole for 3s. 9d.—that was the fault of a junior hand, we were all down at dinner at the time; indeed, I was out of town, at Highgate—of course we must have taken much less than 3s. 9d., when we unfolded it, being in four lengths, and very much damaged; it is creased throughout—we never expected to sell it in that state—we, of course, expected to cut it up—it was put into the window because we often have parties come who want chairs and sofas covered—every piece of goods in the house is marked—this was marked at 3s. 9d.—I did not say it was very cheap—our young man did—of course they naturally say that everything is cheap—I would not give a farthing more for it than I did, in the state it was—I know Jones—we have had chair gimps of him for more than two years—we have had no dealings with him for tabouret before—this came to 2l. 8s., but we made him take off 2s. for discount; that we regularly do, five per cent, off for cash—we do not generally buy goods exactly in this way—we buy as many goods as we can of the little manufacturers, who bring them round—I bought this of Jones.
Cross-examined by MR. PAYNE. Q. He wanted 3s. for it, did be not? A. He asked 2s. 9d.—I will not be positive whether or not he asked 3s. at first—I told him he must take it away, it was of no use to us—he did take it away—he brought it back next day—I told him 1s. 3d. was my price, and if he did not take that, he must take it away again.
(The prisoners received good characters.)
POVEY— GUILTY . Aged 36.— Transported for Seven Years.
THOMPSON, LUCAS, and JONES— NOT GUILTY .
NEW COURT.—Tuesday, August 28th, 1849.
PRESENT—Mr. Ald. WILLIAM HUNTER, and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq. and the Sixth Jury.
MR. CLARKSON conducted the Prosecution. ARTHUR WILLIAMS. I am an ironmonger, of Hammersmith. The prisoner was in my employ—from something I had heard I caused him to be taken—on 24th July I missed some brass toy cannons, screw drivers, and file handles, hammer heads, rasps, furnace bottoms, spades, and a lock—this lock, spade, and bell-pliers are mine—I do not swear to them all.
Cross-examined by MR. REPTON. Q. Are these the articles that were stolen by the prisoner? A. I believe so—I believe this lock to be mine—it was found by the policeman at the prisoner's premises—it is remarkable, and I will venture to say there is not such a lock on any wine-cellar in all Europe—I found the key on my premises—I will not swear to the spade—I believe these keys are mine—I have been in business about three months—I believe the lock was on the premises—I do not know that I ever saw it.
RICHARD HANCOCK (policeman, T 10). I remember the prisoner being brought to the station—I went to some lodgings, in Star-lane—I knew the prisoner lived there—I have known him for some time—I have seen him about the lane—I found there 120 keys, eight bars of iron, two pieces of steel, twenty-six files, a pair of pliers, two hammers, this lock, and other things—this furnace bottom was in the yard.
Cross-examined. Q. You found all these in possession of the prisoner? A. Yes—he does not keep a shop—there is a forge in the back yard—I never knew he was a smith, but 1 know it now—he told me where he bought these two pieces of iron—he did not say a word about the other things—the other officer went to that person—the bars of iron were behind the mangle-in pulling out these sheets of iron which were under the mangle I saw these bars.
ARTHUR WILLIAMS re-examined. Q. Were you aware, or was Mr. Wright, your predecessor, aware that the prisoner had these things in his place? A. No; the prisoner was in Mr. Wright's employ—I took the business on 11th May, and about a fortnight after I had it, the prisoner came back to my service.
Cross-examined. Q. Is there anything particular on this spade? A. You will find the name is imperfectly marked, and there are two marks with ink on it—I saw this lock in Mr. William's possession in the back part of the shop.
Witnesses for the Defence.
THOMAS MARCHANT . I am a smith and ironmonger. I reside about a mile from the prisoner—I have known him about two years—I have sold him various articles in my trade—I never saw another lock like this—I do not say that it is impossible there might be such—I saw it in the prisoner's possession about five months ago—I offered to buy it of him, and he refused to sell it—I have known him about two years—he conducted himself well—he was in my service—I took it up, and made the remark that it was a curious lock—I
asked him if he had a key to it—he said, "No"—I asked him if he would sell it—he said he did not care about selling it, as he might meet with a key some day—I asked how he came by it—he said he picked it up in some old iron—it is usual for persons in the same business that the prisoner is to buy these articles at old iron shops—I was not astonished when he told me that—it is not unusual for persons in that trade to have locks without keys; trusting to the chance of getting keys afterwards—if I get a lock I generally make a key.
MR. CLARKSON. Q. Put the key to it which Mr. Williams has had in his possession, and tell me whether that is the key of that lock? A. Yes.
EDWARD QUICK . I was in Mr. Wright's employ for eleven years, and when he gave up the premises I went into the employ of Mr. Williams—I have worked for the prisoner—I have made articles for him at his forge—I cannot say that I have seen this gas wrench before—I made three pairs of gas tongs in his place one Sunday morning, for which he paid me—they were the same description as these, but I cannot swear these are the same—I have made a few punches and chisels for him.
MR. CLARKSON. Q. When did Mr. Williams discharge you? A. I think it was about eight weeks ago.
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
THOMAS FITZPATRICK KNIBB . I am foreman to Mr. Arthur Williams. On 16th July, the prisoner was in his service—he applied to me that day to go into the cellar for a hammer-handle—I gave him permission to go—he was gone too long, and I went down and saw him putting a paper of nails into his pocket—he had not taken any hammer-handle—he said, "I have been helping myself to a few shoe-nails, Mr. Knibb"—he went up-stairs—I asked him if he had got his hammer-handle—he said, no; he did not want it—he then went into the back shop—I went after him, and said, "Where are those nails you have got?"—he said, "You do not want to see them"—I said, "I do, and I must"—he said, "I have not got them"—I said, "What have you done with them?"—he said he had put them away—I said, "Where?"—he said he had sent them home—I said, "Go and fetch them"—he went and fetched them, and when he came back he was dreadfully agitated, and cried, and begged I would not say anything about it to Mr. Williams on account of his wife and family—I said, "I must"—he caught my arm, and begged I would not—he went to work, and I went into the shop and put the nails away—I did not tell Mr. Williams till about a week after the other circumstance.
Cross-examined by MR. REPTON. Q. Did you make any remark to the prisoner when you saw him putting the nails in his pocket? A. No; I came up from the cellar—he had not the hammer-handle in his possession when he came up; I swear that—I swear the handle was not fitted in my presence—I did not drink gin with him after this transaction—I did not ask him to stand something—there was no one in the shop but me and him—I have been three months in Mr. William's employ—this is the paper of nails; it has my writing on it—I tied the nails up afterwards.
Witnesses for the Defence.
WILLIAM GRRENHALL . I was in Mr. William's employ on 16th July. I recollect on that day asking the prisoner to get a hammer-handle for me—I had broken mine—he went from the back shop to the front shop—the cellar
is in the front-shop—he came hack with the handle, and I then asked him to handle two more hammers—he fitted the handle to the first hammer in my presence—there was a man present, hut I do not know his name—I believe Mr. Knibb was present—he might have seen the prisoner fitting the handle—I recollect Mr. Knibb speaking to him—he was in the front shop—Mr. Knibb asked him if he was going to stand something—the prisoner called me outside, and asked me if I had any money—I said, "Yes," and he and I went over to the Bell and Anchor, and had some gin and milk—Mr. Knibb and the other shopman followed us—the 15th was my birthday; that brings it to my recollection that this was on the 16th.
Cross-examined by MR. CLARKSON. Q. I suppose you heard that your fellow-servant, Langston, was in trouble? A. That was some time afterwards; I did not go and tell this; I was not called on—I was called on last week—this occurred about a quarter past seven in the morning—I was at Mr. Williams's factory the whole of that day—I never saw the prisoner go into the cellar, but I know that is where the handles are kept—I know he had no authority to go into the cellar for handles without Mr. Knibb's permission—I did not see him go out of the back shop into the front shop—I asked him to get a handle fixed to a hammer—he first went into the front shop at half-past six, the time the shop was open, and then he went a second time—when he brought the first handle, I said, "Here are two more you may as well handle for me"—I had a misunderstanding with my master about selling a union screw, and about some zinc pipe—the charge against me was that I sold them for gin and beer—I was never charged before a Magistrate.
JAMES HORWOOD . I am a cow-keeper. I recollect on 16th July being at the Bell and Anchor—I saw the prisoner there, and three parties with him—Mr. Knibb was one—I served them with milk—I am positive it was the 16th July, because it was on the Monday week before they were taken—I recol-lected it as soon as I heard of their being taken.
WILLIAM MORGAN . I am barman at the Bell and Anchor. I recollect on one day in July the prisoner coming to the bar—Mr. Knibb was with him, and there might have been three or four more—I served them with half a pint of gin—there was a milkman there, and be served them with milk—it was between seven and half-past seven in the morning—I cannot say what day it was.
MR. CLARKSON to MR. KNIBB. Q. You said you never took any gin and milk with him after this transaction? A, Yes; this transaction about the nails took place about eleven o'clock—I had not seen the prisoner come for hammer-handles in the earlier part of the morning—I did not have gin and milk with him that morning—as far as my recollection goes it was on the Saturday.
(The prisoner received a good character.)
GUILTY . Aged 33.— Confined Four Months ,
MR. CLARKSON conducted the Prosecution,
ARTHUR WILLIAMS . I succeeded to an ironmongery business at Hammersmith, which had formerly been Mr. Wright's—I took possession on 11th May—I purchased Mr. Wright's stock. The prisoner was in his service, and continued in mine—in consequence of information, I gave him into custody on 24th July—I believe this tea-pot is one of the articles that I took in Mr. Wright's stock—there were nine tea-pots, of different qualities and patterns—there
were some of this pattern, I cannot say how many—I missed six metal tea-pots, but I cannot say of what patterns—I have sold none—there are three now in stock—I firmly believe this was one of the patterns I lost-Mr. Knibb has the charge of the stock chiefly, I am out a great deal—the mark on the bottom of this tea-pot has been scratched or erased.
Cross-examined by MR. COCKLE. Q. Previously to 11th May did Mr. Wright manage that business? A. He did—he had a son who was engaged in the business, but he died twelve months before.
ROBERT HITCHMAN (policeman, T 204). On the 24th July I took the prisoner in custody—he lodged with his brother, at their father's house, North-end, Fulham—I found a box there—the prisoner gave me the key of it—I opened it, and found in it this tea-pot wrapped in this piece of newspaper.
Cross-examined. Q. Did he not tell you before you went to the room that that was his box? A. He told roe he had a box there, gave me a bunch of keys, and the key that opened the box was one of them—he told me I should find a tea-pot in the box—I believe he said he had had it for ten months—I did not hear him say that he purchased it in Mr. Wright's time—this newspaper in which it was is dated 22d April, 1849.
THOMAS FITZPATRICK KNIBB . I am foreman to Mr. Williams. This tea-pot is his property—I had seen it safe in the stock about a month or five weeks before the prisoner was taken—it was customary to mark tea-pots underneath, and there appears to be a scratch here—when I saw this pot safe it was up-stairs in the show-room—that was long after the transfer of the stock from Mr. Wright to Mr. Williams.
Cross-examined. Q. How long have you been in Mr. Williams's employ? A. Three months—I was not in Mr. Wright's employ.
JOHN WRIGHT . I transferred my business and stock to Mr. Williams—I had such articles as these in my stock—there is no mark on this tea-pot that I know it by—I know there was a tea-pot of this pattern sold with others by me to Mr. Williams.
Cross-examined. Q. I believe the prisoner had been in your service eight or nine years? A. Yes; he bore an excellent character—I had a son in the business, who is deceased—my servants were in the habit of buying goods of me—I had a man named Barnes in my employ—they would have applied to him for goods, and he would have applied to me—he might have applied to my son—very likely I have sold them things myself.
MR. CLARKSON. Q. Were you ever asked, through Barnes, for the prisoner to buy this tea-pot? A. To the best of my knowledge I never was.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy by the Jury and Prosecutor. — Confined Three Months.
MR. CLARKSON conducted the Prosecution.
ARTHUR WILLIAMS . The prisoner is the brother of Charles Low—he was in the service of Mr. Wright, and I continued him in mine—from information, I caused him to be taken into custody on 24th July—amongst the stock purchased of Mr. Wright there were some toy brass cannon—I have lost four of them—I have brought one that will match this one that is found—they are on brass carriages—I also had union-screws, screw-drivers, scissors, file-handles,
and other things—I missed them, and also two screw-driver handles and goffering-irons.
Cross-examined by MR. COCKLE. Q. Do you say that these articles produced are part of the stock of Mr. Wright? A, Yes—there is no mark on them—these are not such articles as may be found in any shop—it is rather unusual for an ironmonger to have such things.
ROBERT HITCHMAN (policeman, T 204). I went to the prisoner's father's, at North-end, Fulham, and in the room where the prisoner slept I found this pair of goffering-irons on the shelf, these scissors in his box, and in a drawer down stairs I found these handles—when these file-handles were produced, the prisoner said Mr. Knibb had given them to him.
THOMAS FITZPATRICK KNIBB . I am foreman to the prosecutor. If I have ever given these handles to the prisoner it has been for the use of the shop, not to take home—no servant wus ever permitted to take goods home—I believe this cannon and other articles to be Mr. Williams's property, but I will not swear it—articles of this description have been missed from the stock.
Cross-examined, Q, When these screw-handles were found, the prisoner said, "You know about them, you gave them to me," what reply did you make? A. I said, no, I had not—I have not said since then that I had my doubts, I have had no doubts—I cannot say that the prisoner has bought any things of me, or that he has not—he has never bought any handles of me—I do not remember that he has bought two keys of me—these articles were in my custody while they were in the shop.
MR. CLARKSON. Q. Did you ever sell him goffering-irons, screw-handles, or these cannon? A. No.
JOHN WRIGHT (examined by MR. COCKLE). I do not recollect the prisoner ever buying any goffering-irons in my shop—I have not my books here—since my attention has been called to this transaction, I have examined my books, I have not found an entry of goffering-irons.
Witness for the Defence.
WILLIAM HARRIS . I live at North-end, Fulham; I am a gardener. The prisoner has brothers and sisters who are children, and I have seen them playing with little cannons in the street for the last twelve months or two years.
GUILTY. Aged 18.—Recommended to mercy by the Jury and Prosecutor. — Confined Three Months.
Before Edward Bullock, Esq.
WALTER LARKIN . I am shopman to Emily Ann Burford, a widow, who keeps a linendraper's shop at Stratford. On 4th July the prisoners came together to our shop for some satin ribbon—I showed them some—there was none to suit them, and they left—they returned immediately and bought half a yard of calico, for which Haines paid—they then looked at some glazed lining, but bought none—Haines spoke about it—Folk whispered something to her, and they then left the shop—after they had gone I missed a scarf-shawl, which had before been at the end nearest the counter to which Folk sat—this is it (produced)—I know it is Mrs. Burford's—it has her private mark on it.
CHARLES ROWBURY (policeman, K 347). I saw the prisoners come out of Mrs. Burford's shop together—I was about five or six yards off—I went after them—Folk threw this shawl down on the path—I picked it up—Haines ran a little and then walked fast—she was caught, and I caught Folk.
Folk's Defence. Another woman came out at the same time I did; a lady said, "I saw that woman take it away," but the policeman did not take her.
HAINES— GUILTY . Aged 18.— Confined Twelve Months.
FOLK— GUILTY . Aged 16.— Confined Four Months.
Before Mr. Common Serjeant.
1655. THOMAS BULL , stealing 1 pig's cheek, value 1s. 6d.; the goods of John Willis:— also 1 basket and 2 tea-cups, 2s.; the goods of John Gruby: to which he pleaded GUILTY . Aged 16.— Confined Six Days and Whipped.
GUILTY . Aged 29,— Confined Three Months.
WILLIAM MANSELL . I am a coachmaker, of Stratford. I was accosted by the prisoner about two o'clock in the morning, and after being in her company a short time, missed a half-sovereign and 4s. 6d.—I accused her—she denied it, and I gave her in charge—I had given her 1s.
GEORGE WEBSTER (policeman, K 204). I was at the station when the prisoner was brought—my coat was thrown over a partition—the prisoner kept moving about—when the sergeant came I found half a sovereign and 4s. 6d. in the pocket of my coat—there had been no money of mine there.
Prisoner's Defence. He gave me 1s., but I did not go with him as he was tipsy; I put it back in his pocket, and he said I had robbed him.
GUILTY . Aged 21.— Confined Three Months.
Before Mr. Justice Erle.
MR. METCALFE conducted the Prosecution.
WILLIAM HEFFER . On 5th Aug. I was walking with my brother and another on the bank of the Thames at Bugbee's-hole, between Woolwich and Greenwich, and heard a female call out," He has cut my throat"—I looked over the hedge and saw a man and woman struggling in the field—I got near and she called out," Master! master!" to us—the man ran across the field, and we then went up to her, and found her in an exhausted state, bleeding from a wound in her throat, about three inches long—she was covered with blood—she desired us to follow the man—we did so in two or three minutes, and found him in a bog, lying down among some reeds—I had lost sight of him
through the hedge, but I saw him go there—I fetched a policeman, and found him still in the reeds, lying face downwards, with a wound in his throat two or three inches long—a penknife was lying near him covered with blood—we took him out—he was perfectly senseless.
Cross-examined by MR. BIRNIE. Q. What induced you to go after him? A. The woman said, "Pray go after that man, for he will cut his throat"—when she first called, she said either" he has cut my throat, "or" he will cut my throat"—I will not swear to the word" my, "it was a great distance off.
MARTHA HORNSE Y . On 5th Aug. I was walking with my husband near Bugbee's-hole—we were having a few words; in fact we bad been quarrelling and fighting—I was not quite sober—I recollect striking him several times—I do not know whether he struck me in return, but we were both down—I recollect some one coming up—I had not called out to my knowledge—it might be five minutes after I was oh the ground—I had walked away from my husband there, and saw some blood on my dress—when I got home I found my throat was cut—I do not know when it was cut—I fancied I saw a knife in my husband's hand while struggling with him, but cannot say.
Cross-examined. Q. Was your husband in liquor that day? A. Yes—I do just recollect saying," Go after that man"—my husband has been in a very bad state of health for the last month, in fact, for the last four years—I am quite certain his mind has not been exactly right, by the treatment I have received—I have had numbers of quarrels with him—he is a very excellent husband when he is in his right mind—I believe his mind has been disturbed through the death of my children—I have had three born alive—one lived to be eighteen, and the other nineteen months, and the other is not by my husband, it is living in the country with my friends—I had it before I was married to him—he never had to support it, neither did he upbraid me of it—he lost his children, but the child before marriage lived, and that has produced so much unhappiness as to upset his reason—I have heard him say he would make away with himself—I have asked his reasons, and he has said, "Oh, Meg., you don't know"—I do not remember any blow being given to my neck—I never knew whether it was an accident or not—it did not occur to me while we were having the words, that be would be likely to attempt his life—to the best of my recollection I fell on him—we had had mutual blows that day, before—he has beaten me severely, and when his passion has abated, and I have told him, he would not believe he had done it—he has said, "I did not hit you like that"—when he is in a passion, his mind is very strange, and he has declared he has not struck me when he has—I am sure his mind is very much disturbed—when he has beaten me he has had cause, for I have gone and left him, and then I have been very saucy and impudent to him, and he has beaten me—I have said, what had it to do with him? I would go if I liked, and he has beaten me, and I have struck him again—there has not been jealousy between us, till within the last month or two—I knew if I went out that he would be disturbed—it was mere aggravation on my part to stop away from him—I was not thinking of leaving him altogether—I would like to live with him—it was merely the passion that made me go away—it was merely to keep him in suspense, by the way he has struck me—I went away because I was offended at his striking me—he has been in the habit of drinking much, and it has generally been then that he has got into these passions—he has been a very good husband at other times—he has been five years master of a sailing vessel, under Government, from Woolwich to Chatham, up to this time—his father sailed with the vessel for thirty years—our last child died last May twelve months—his mind has been more affected
during the last month—nothing has occurred to increase it, except the jealousy—I attribute it to that—he has come home and found me out, and I did not come home for some hours—I have been gossiping with my neighbours, and he has come home and not found his meals ready, and we have had words—his boat does not come at a certain time, but as the tide suits.
JOHN M'DONALD . I am a surgeon, of Woolwich. On 5th Aug., I was called to see Mrs. Hornsey, about ten o'clock at night—I found a wound on her neck, about three inches long—no vessels of any importance were divided—there had been a good deal of hemorrhage—she was saturated with blood—she was suffering from exhaustion—it was a flesh-wound, down to the muscles only—it commenced from the centre of the neck, near the wind-pipe, and proceeded towards the left ear—this knife (produced) was shown to me; it would produce the wound.
Cross-examined. Q. The greatest depth was in the middle of the throat? A. Yes; there is nothing but skin there, near the wind-pipe—the knife is not particularly sharp, but sharp enough, if used with force—the point is completely rounded—there must have been force used.
WILLIAM STURTON examined by MR. BIRNIE. I am a surgeon. I examined the prisoner on 5th Aug., and found a large flesh-wound on the fore-part of his neck about three inches long—he was very prostrated, both bodily and mentally—he appeared to have been immersed in water, and seemed in a very dejected state—I administered brandy—when he regained his senses, I asked him about the transaction—when I inquired about his wife, be sprang up in bed, laid hold of my arm with great violence, and seemed in a state of great agitation—he did not seem to recollect anything, but next morning I had some more conversation with him—he did not recollect where he saw his wife last—he asked where he was, what he had been doing, and what was he there for—there was great incoherency about him—next evening there was great delirium—he would sing a stave, and lie down, not knowing what he was about—delirium is connected with disease of the brain—I did not consider him in danger from the wounds—he was very much depressed, but from brandy and the application of warmth, he rallied—I think he did not understand what he was about on Sunday—there was an appearance of determination of blood towards the head and face—I think he was a little more collected on Monday morning, but on Sunday evening he was entirely incoherent; he did not know what he was about, nor what had occurred—he was delirious for a short time.
MR. METCALFE. Q. Did you notice his breath? A. I do not think he had taken much drink—on Monday he asked me what he was there for—he was in the Union—I asked where he had last seen his wife—he jumped up, and said, "My wife has been away from me"—I put that down at the time—he did not seem at all conscious of what had taken place—he seemed very much better—in a few days, his mind became much more composed—he very seldom spoke to me unless I spoke to him—I saw him every day for a week or nine days—there appeared to be more than one cut in his throat; it was nearly three inches deep—I can hardly say whether a man who used such a knife as this, intended to destroy himself, or whether he intended to make a superficial wound to produce an appearance of insanity—I think it is possible he did not intend to destroy his life. (The prisoner received a good character.)
GUILTY of an Assault.—Recommended to mercy by the Prosecutrix. — Confined One Month.
Before Mr. Common Serjeant.
GUILTY .— Confined One Week.
GUILTY . Aged 22.— Confined Six Months.
GUILTY . Aged 23.— Confined Three Months.
MR. CLARKSON conducted the Prosecution.
JOHN MOY (policeman, R 48). On Saturday morning, 11th Aug., I was in Nelson-street, Greenwich—my attention was called to a sieve of potatoes, under a window, which projected over the path in Nelson-street—there were carts and barrows about—the prisoner was five or seven yards off, with a barrow—he was passing in and out of the market, which is close by—he placed some cabbages on his barrow, then went into the market again, and remained there till near seven o'clock—when the carts and barrows bad gone away, he looked round, drew his barrow a short distance into the road, returned, took the sieve of potatoes, and put it on his barrow so as the name on the sieve should not be seen—I followed him, and said I wanted him for having more potatoes than he had business with—he said, "I have not, I paid for them"—I said, "You have one sieve there you have not paid for"—he said, "Let me go back, and 1 will pay Mr. Williams for them"—I took him to the station, searched his house, and found five sieves with "R. W." on them.
Cross-examined by MR. PARRY. Q. Is he a potato-dealer? A. Yes; he has a small shop—the sieve was about 100 yards from Mr. Williams's stand—it has" R. W." on it—there is an entrance to the market from Nelson-street.
RICHARD WILLIAMS . I am employed by my father, and have a stand in Greenwich market. The prisoner dealt with me—on 11th Aug. he bought two sieves of potatoes of me, and a sieve of apples—I went with him to the Admiral Hardy, came out, and missed a sieve—I saw it under a window in Nelson-street, and the prisoner coming back into the market—I gave information—the sieve and potatoes are worth 3s. 6d.
Cross-examined. Q. He has dealt with you two years? A. Yes; he paid ready money—the Admiral Hardy is in a contrary direction to Nelson-street—he left his barrow in Nelson-street—nobody was with it—he bought some potatoes of me after I missed these—those were also marked "R. W."—he had been purchasing of other parties in the market that morning—I do not lend my sieves to friends in the market—the prisoner would have a right to take the sieves home, but should return them—sometimes they are neglected to be returned—I had about thirty sieves that morning.
NOT GUILTY .
SARAH ELIZA ALAND . My husband's name is Thomas. On 1st July I went with him to the Pavilion Hotel, Woolwich—I put my brooch on the tea-tray—lieft the room for about three minutes, and the tea-tray and brooch were gone—this is my brooch—it is worth 2l.
THOMAS MICKLEFIELD . I am shopman to Mr. Davis. Martin came with this brooch—I asked whose it was—she said it was her own—I asked her how long she bad had it—she said her husband made her a present of it five years ego, and he purchased it of a silversmith.
JAMES HUTT . The prisoner was my housemaid—the brooch was lost at my house—I had a very excellent character with her, and am quite willing to take her back—it was not her duty to take the tea-tray away, but to clear it when it was in the kitchen.
GUILTY.—Strongly recommended to mercy. — Confined One Week.
Prisoner. Q. Might you not have dropped it? A. Yes.
Prisoner's Defence. I found the ticket.
GUILTY . Aged 21.— Confined Three Months.
1665. GEORGE LATOUR , stealing 2 caps and 1 petticoat, value 1s. 6d.; the goods of Amy Matthews: 2 pairs of trowsers and 2 waistcoats, 24s: the goods of David King: and 1 pair of drawers, 4s.; the goods of Henry McFarlane.
AMY MATTHEWS . I am single, and am cook to Mr. David King. On 6th July, at nine o'clock at night, I had a quantity of wet linen in the garden—it was gone next morning—some was Mr. King's and some mine—I have identified it.
WILLIAM TWYMAN (policeman). About twenty minutes to three o'clock in the night, I met the prisoner with a man who had a bag—he threw it down and escaped—I took the prisoner, and found two caps, which have been identified—he said he met the man in a field, and got the caps from him.
GUILTY .—Aged 20.— Confined Three Months.
Before Edward Bullock, Esq.
HAWKINS pleaded GUILTY . Aged 20.— Transported for Seven Years.
FARMER pleaded GUILTY . Aged 21,— Confined Twelve Months.
HUGH WATTS . I am in the Marines at Woolwich. On Friday morning, 3d Aug., I gave a pair of boots to Frederick Noble, the waiter at the Royal Standard, to take care of for me—these are them (produced)—they are mine.
THOMAS WALSH . I am a marine-store dealer at Woolwich. On 3d Aug. I saw the prisoner on Market-hill, with a person who knew me; he offered me these boots for sale—I bought them—there were two marines with him.
Prisoner's Defence. There was a house full of marines from eight o'clock in the morning till ten at night.
NOT GUILTY .
GEORGE TAYLOR . I am shopman to John Moore, pawnbroker of Wool-wich. On 2d July, the prisoner came aud said he wanted a watch—I showed him a silver one—he asked me to show him another—I turned my back, and he ran out of the shop—I ran after him, calling "Stop thief!"—he was stopped, and I found the watch behind him—this is it (produced).
WILLIAM HARDING (policeman, R 78). I took the prisoner—he said he knew nothing about it—he said at the station he only stole it to get a blanker, meaning a blank discharge from the regiment, which soldiers get when they are convicted of felony—he had been drinking, but knew what he was doing.
GUILTY . Aged 27.— Confined Six Months.
JOSEPH HASLETT . I am a clothier, of Woolwich. On Friday, 13th July, the prisoner came to my shop, and said he had come by the Company's ser-geant's order to see a shirt—I sent a shirt by him, and he afterwards returned and brought this paper—(read—" Woolwich, 13th July, 1849. Sir,—Please to get other twelve shirts, such as you sent by the bearer, and I will take them of you, and I will pay you for them altogether when you send the bill in. You must have them ready by four o'clock this afternoon. J. H. THOMPSON, company's sergeant, 9th Battalion, Royal Artillery.")—I told him I could not get them ready by four, and he came again, and gave me till the Monday—he came on Monday, 16th, and said the Company's sergeant had sent him for two of the twelve shirts, and he would come in the afternoon for the others—I gave him two—afterwards, on the same day, he brought this paper (read—"Woolwich, 16th July, 1849. Mr. Haslett,—I will call upon you this afternoon, or to-morrow morning early, to settle with you; and I think that I want to have some stockings and other small articles; so the bearer will tell you more particulars this afternoon, after I see the Captain.—J. H. THOMPSON, Company's ser-geant, 9th Battalion, Royal Artillery.")—I did not give him anything that time, and he came again next morning, and had a pair of stockings and a shirt—I came into the shop, and saw him writing this paper—(read—"Sir,
please to put out eleven pairs of regimental stockings, and half a dozen of regimental flannels, and have the bill ready between four and five o'clock.")—I let him have the things, because he-gave me these papers, and told me about Sergeant Thompson—I believed it to be all right.
JOHN FORSTER . I am the Company's sergeant of the 10th Battalion of Artillery. I was present on 23d July, when the prisoner was taken before the commanding officer—the two papers were shown him, and he said he wrote them, and presented them to Haslett—I searched his knapsack, and found two shirts—he told me he had one on, and told me the names of the parties to whom he had given two others—I gave them to the policeman—I have known the prisoner since 1st April—I never knew anything against him.
JAMES WADDELL . I am a sergeant of 9th Battalion of Artillery, and have been there nearly nineteen years—there is no Sergeant Thompson is that battalion—there was one who was reduced two years ago, at the Mau-ritius, to a gunner—there is no Sergeant Thompson at Woolwich.
Prisoner. I intended to pay for them, as I was to have some money that evening. I received the two notes in a letter.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 21.— Confined One Month.
GUILTY . Aged 20.— Confined One Month.
Before Mr. Common Serjeant.
MR. PRENDERGAST conducted the Prosecution,
THOMAS MARSDEN . I am foreman to John Brogden, jun., who is carrying on the works of the South-Eastern Railway Company at Woolwich. A stack of old bricks was placed in a particular part, almost opposite the George the Fourth, for Mr. Brogden's use—part of the George the Fourth has been since taken down—I remember the sale of some old houses, which were to be taken down for the railway; I cannot recollect when that was—Mr. Davis sold the property—I believe there was more than one sale—I know Mr. Watson purchased one of those houses, which was close by the side of where I was living, in King-street—I should say that house was better than 100 yards from the stack of bricks—that house was taken down after that sale—the stack of bricks was taken away before the house was pulled down—Mr. Davis came and asked me where the boundary-wall was, (the stack of bricks was part of the boundary-wall,) I looked, and the stack of bricks was gone—the house Watson bought was then partly pulled down—in consequence of what Mr. Davis said, I said to Hawley, "You have done a fine thing for yourself this morning"—he said, "What is that?"—I said, "You have sold the bricks belonging to this boundary"—(the stack, and the shed, and the wall, composed the boundary)—he said, "I will go down to Mr. Davis's office and
clear myself"—the next time I saw Hawley he said, "I have been down to Mr. Davis's office and cleared myself; it was Mr. Davis's clerk that sold the bricks"—Hawley was employed in the book-keeper's office, clearing out the office and doing other things for the clerks and book-keepers.
Cross-examined by MR. PAYNE. Q. When was it you said this to Hawley? A. I believe the next afternoon.
SAMUEL FABLING . I am a carter, in the employ of Mr. Cook, of Plumstead. Towards the latter end of April I was employed in carting some bricks from Woolwich—I was employed by the Messrs. Watsons—they were both together—we were carting them from a house in King-street—while I was carting from there, young Mr. Watson spoke to me—they were both together—they called me from the house to come to cart some from a place opposite the George the Fourth—it was bricks and tiles—I took three loads from there, by Mr. Watson's direction, to his houses, at the back of the White Horse, which he keeps, at New Charlton—young Mr. Watson helped me to load the bricks from the stack—they were old bricks—the elder Watson was standing close against the cart while we were loading—I only took three loads from the stack—Vaughan was employed with me—he took four loads.
ABRAHAM VAUGHAN . I was employed at the latter end of April to cart some bricks for Mr. Watson from a house in King-street, and I received directions from Mr. Watson and his son to remove some from a stack opposite the George the Fourth—I took four loads from there, and carted them to New Charlton, to the back of the White Horse—I saw young Mr. Watson frequently while I was carting from the stack, and he took an account of them—we work by the load, and are paid by the load—we took them to the back of the White Horse, and put them in front of some cottages there, on some spare ground.
LEWIS DAVIS . I am an auctioneer. I sold by auction some old houses for Mr. Brogden, to be taken down—I think the last sale was on 26th April-Mr. Watson bought a house then—I cannot charge my memory as to what he gave for it, I suppose between 30l. and 40l.—they were sold in separate lots—he bought one house, it was in King-street—I remember a stack of old bricks that had been placed opposite the George the Fourth—shortly after the sale I observed that stack was missing (they had been stacked there by my express orders, for the purpose of being used by Mr. Brogden on the line)—I inquired of one of Mr. Brogden's foremen, and spoke to Mr. Watson, jun., I asked him what right he had to remove them—he said, "I bought them, or my father did, and my father is at the public-house"—Mr. Watson, sen., was coming from the public-house, and I said to him, "What right had you to remove them?"—he said, "I bought them"—I said, "Certainly they were not included in the property you bought, you had nothing to do with them"—he said he had bought them of somebody else, and paid for them, that was enough—he did not say they were sold at the sale—there were no stacks of bricks sold in the sale, they were all houses—I said, "Who have you bought them of?"—the answer was, "No matter, I have bought them"—I might have put the question a second or a third time before I got that answer—I was very vexed about it—I then said, "If you do not tell me who you bought them of I will lock you up"—he said, "You may lock me up if you please"—I said, "Now mind, I am as serious as ever I was in my life"—he said, "I bought them of a little man at the engineer's
office"—I do not think he mentioned the name, but my impression was it was Hawley, though he was not mentioned by name—Hawley was employed at the engineer's office, and I consider him a small man—there is no one else at the engineer's office that comes under that description—I believe there are no other men there—it is a temporary office.
Cross-examined by MR. PAYNE. Q. You have no distinct recollection of it? A. I profess to recollect everything that I have said, but I do not recollect more.
MR. PRENDERGAST. Q. Have you sold any to Mr. Watson? A. I have—I did not sell a stack of bricks opposite the George the Fourth, to him or to anybody else—I sold bricks on that very day to Watson—I did not sell these bricks to Watson—I sold him on that day some old bricks belonging to an unclaimed lot—there might have been four or five thousand of them—they were loose bricks, not in a building—they were in King-street, near the George the Fourth—I never went to the engineer's office—they were not loose bricks at the back of the houses—they were sold in King-street—they might be thirty or forty yards from the stack of bricks which were opposite the George the Fourth.
COURT. Q. Did Mr. Davis know of this sale? A. Certainly, I gave him an account of it—these bricks were not so near to the others that I should have made a mistake in them—I should think he could not imagine that these were the lot I sold him.
JURY. Q. Did you point out to him the lot that you sold him? A. Yes—I should think Mr. Watson must have been perfectly aware that he did not purchase that lot opposite the George the Fourth—they did not form any part of the boundary-wall of the house he bought—the sale was by auction—the uncleared lots that I sold him, he cleared away.
MR. PRENDERGAST. Q. Were these stacked bricks that you sold to him? A. Some were stacked and some were loose—I pointed them out to him—they were within twenty or thirty yards of the stack—between the two there were the back-yards of certain other houses, which were not pulled downthere was part of the cutting of the railway between them—there was a possibility of walking, but the railway was cutting. NOT GUILTY .
1673. JAMES WATSON , and JONATHAN RICHARD WATSON , were again indicted with GEORGE RECORD , for stealing 1000 bricks, value 30s.; the goods of John Brogden the younger:—2d COUNT, of the South Eastern Railway Company.
MR. PRENDERGAST conducted the Prosecution.
JAMES STELFORD . I am engaged in these works of the South Eastern Railway Company for Mr. John Brogden, junior—before the 24th or 25th May, there was a number of new bricks in the yard of the George the Fourth—they belonged to Mr. Brogden—he did not sell any of them to the prisoners—they had no right to be sold, and they were not sold—they were placed there for the tunnel—there were sixty or seventy thousand—neither Watson or Record, or any one, was justified in removing any of them—no one had a right to remove them without my orders.
Cross-examined by MR. PARNELL. Q. How near were they to those we have been hearing about this morning? A. About 200 yards; they were in Mr. Brogden's yard, which is fenced round and surrounded with houses—I have been there almost every day since—I have not missed any bricks but what we have used on the railway.
MR. PRENDERGAST. Q. Could you have missed any from the yard? A. If we bad not been carting at the same time we should, but we were carting about sixty thousand a day from there to the tunnel.
GEORGE BARNES . I am a stonemason and builder, at Woolwich. I know James Watson—I saw him on 21st May, near the Lord Howick—he asked me if I was in want of any bricks—I asked him what they were, old or new—he said, "Either"—that he had purchased a great many bricks that day—I asked what the figure was—he said, "Twenty-eight shillings a thousand"—I afterwards went to his house—he asked me how many bricks I would want, and I told him about five thousand—they were new ones—he said I should have them, he would get them in, about four or five o'clock next morning—I believe the reason he gave why he would get them in so early was, that they would be in the way of the railway—a person named Moore was there, and an arrangement was made with him to cart them—they were to be taken to Sandy-hill—next morning I received some bricks, under a thousand—on Friday night, 25th May, I again saw Mr. Watson, at his own house—I was driving by, and called in—I asked him the reason the other bricks were not sent in—he said he would cart them in the next morning—I understood that the remainder of the five thousand were to come in—I understood from him that they were somewhere near the George the Fourth—on 26th, I received about 1,800 more bricks—they were delivered at Sandy-hill, near Plumsteadcommon—I have not paid Mr. Watson for any of them—the price was twenty-eight shillings a thousand—I think some of them were taken up and used for a water-closet—the officers came to me on the 26th—I pointed out to them where the bricks had been used—there was "W. D." on some of them, and "J. R." on some—they were all new.
DAVID MOORE . I am a carman. On 21st May, Mr. Watson sent to me, and said he wanted to see me—I went—he said he had bought a quantity of bricks belonging to the Railway works, sold by a person duly authorized to sell them, and he wanted me to cart them for him, or he would sell me any of them—I told him I should be very happy to cart them for him, but I was no purchaser—he told me the bricks were in the George the Fourth yard—Jonathan Richard Watson was not there—during the time I was there, Mr. Barnes came in, and he agreed to take five thousand of these bricks—I did not hear the price, or if I did I forget it—Mr. Watson said he had purchased them, and he had some idea of building, but he had now altered his mind, and had got them to sell—an arrangement was made that they were to be carted about five o'clock in the morning, and they wanted me to take them, but I could not undertake to do more than a load or two in the morning, being employed by Mr. Brogden—I went the first morning, about a quarter before five o'clock—young Mr. Watson, myself, and my servant, were pre-sent—on Thursday, the 24th, I saw Mr. Watson again, about nine in the evening—he told me he wanted me to go and cart some more bricks from King-street—I carted them on Friday, the 25th—on the 26th, we carted two more loads from the George the Fourth yard, and took them to Sandy-bill—there were 1000 bricks, 500 in each load—a person named Langley was employed in carting them—after taking them to Sandy-hill, I went to the George the Fourth yard with my servant Crowder, young Mr. Watson, and Record—we all went in my cart—we went for another load of bricks—when we got there, we loaded the cart with new bricks—young Mr. Watson began to assist us to load, and then he left, to go along with Langley—he told us to go on loading the bricks, and if any one should ask any questions about the bricks, to say that they were going to Charlton Tunnel—we had been taking them to Sandy-hill up to that time, and should have taken that load there if we had had no such order—while we were loading, Dobson came and asked where we were going to take them, and one of the men answered, "To the
Charlton Tunnel"—he made some remark, that he thought there was something wrong about it—I thought there was something very curious about it, and I went off.
COURT. Q. Had you carted bricks from the same yard for Mr. Brogden? A. No; I am not aware that the cart had been there at all—I am in the habit of carting for Mr. Brogden, but I do not usually go with the cart myself.
MR. PRENDERGAST. Q. Did you see young Mr. Watson again that day? A. I saw him on my way home—he was in King-street, with Langley—I told him there was something wrong about these bricks—I went on, and did not stop any longer—I did not wait for much reply—I do not know that he made any.
Cross-examined by MR. PARNELL. Q. Where were you when you had this last conversation? A. In King-street—I had left the cart and the men in the yard—young Mr. Watson and the other man were loading in another place—I have carted for Mr. Watson before, but not bricks—I cannot tell what connexion there is between young Mr. Watson and his father—I took 2000 bricks in all to Mr. Barnes, and then I had this other order given about the Charlton Tunnel—they did not take me into custody; they took my man, Crowder.
JOHN CROWDER . I was engaged on 26th May in taking some bricks from the yard of the George the Fourth to Sandy-hill, Plumstead—I afterwards went and took a load, in company with Record and young Mr. Watson—Langley's cart went with us—it was behind—I did not bear either of the Mr. Watsons say what I was to say supposing any one interrupted me; only young Mr. Watson said, the first morning I went to work, that we were going to take them down to Woolwich—the first morning I went to work was on Tuesday—on Saturday, the 26th, I took some more bricks from the George the Fourth yard—the last time I went there, young Mr. Watson and Record were with me—we loaded up a load of new stack bricks—there might have been one or two place bricks amongst them—they were all new—while we were loading them, Dobson came up—he walked round the cart and said, "Where are you going with these bricks?"—Record said, "To the Tunnel"—he said, "It is a strange thing; we have got thirteen or fourteen barges of bricks lying there, and more are brought here every day"—Record said, "I do not know anything about it; we were ordered by the man on the wharf"—I did not hear anything said by the elder or younger Watson about what answer was to be given, supposing anybody asked the question—young Mr. Watson said he would leave us to load the cart, and he would go and meet Langley's cart—I had two bricks in my hand, and I dropped one when Record said they were going to the Tunnel—Record said, "You have not got 500 bricks yet"—I said, "No, I know that;" and he took up the tail-board and began to drive the cart—(I dropped the brick, because I thought there was something wrong)—Record drove the cart on, and I said he had not got the pins—he said nothing, but kept driving on the cart—I took the pins and put them in—as we went by, I saw Langley's cart—Langley was with it, and young Mr. Watson—as were were going by he said, "Take them down to Charlton Tunnel"—their house is by the side of Charlton Tunnel—I went on towards their house—when we got there, we drew part of the way up the hill, took the horse across the road, hung the nose-bag on the horse, and there left it, near to the White Horse—I saw young Mr. Watson at that time—he said, "Leave the horse here, and if anybody should come, tell them they have been drawn to the Tunnel"—I left the cart and bricks there by the White
Horse, and went away for about half an hour—I then went back with my brother to the White Horse—I found the cart in the same place—young Mr. Watson was there—I said, "We will unload the bricks"—he said, "Wait a bit, and see whether anybody comes or whether they don't"—he then told us to draw the bricks round and shoot them out, which we did, and he asked me to stack them in the clump of old bricks there—some were stacked, and some thrown in with the old bricks—the old bricks were put over the new ones, so that you could not see the new ones at all—this was about seven or half-past seven in the morning—young Mr. Watson was there the whole time this was done—I then went home to my lodging—I stopped till about twelve o'clock, and after I had got my money I was coming to the George the Fourth, and a young man spoke to me about the bricks—I then went to the elder Mr. Watson, and said to him, "How about these bricks?"—he said, "They are all right; I have been up to the office, up to Mr. Hanson; I have made all right; I have seen the foreman and the policeman; we have had a little drop of drink together, and the policeman has got about half drunk"—he said he had settled for the bricks, and he told me to go in and get a pint of beer—I went into the tap-room and drank it—I saw him again about four or five—I heard the policeman was after me to take me; I did not know what for, and I went to the White Horse and saw Mr. Watson, and said to him, "How about these bricks?"—he said, "I have settled for them"—I said, "I am very glad of it; I do not want to get in any trouble about, the bricks; you know I know nothing about them"—I went up on the pleasure-ground, and when I had sat there a little while, young Mr. Watson came and told me that the policeman wanted me, and he told me what I was to say; that a big man told me at the Lord Howick that I was to fetch a load of stock-bricks and bring them down to the Charlton Tunnel—I cannot remember anything else that he said at that time—I told the policeman that—the elder Mr. Watson told me to say the same thing—he was not present when young Mr. Watson told me this; he was at the back door of his house.
JAMES DOBSON . I went into the yard of the George the Fourth about ten minutes past six o'clock in the morning, on 26th May—I saw three men loading a cart with bricks—I asked what they were loading the bricks for—one of them said, "To go to the Tunnel"—I then asked who sent them to load these bricks—they said the man from the wharf—I then went to Mr. Bottomley, on the wharf—I saw the cart go out of the yard down Coleman-street, and turn towards the Tunnel—I only knew one man who was with the cart, which was Crowder—I afterwards went to the White Horse—I saw the marks where a cart had gone along—I went behind the White Horse—I could find nothing but a lump of old bricks—I put the old bricks on one side, and I pulled out a new brick with" W. D. "on it, for William Dawson—I found about a cart-load of new bricks under the old ones—they were the kind of bricks that had been at the George the Fourth yard, and had the same letters on them—I saw the policeman afterwards.
Cross-examined by MR. CLARKSON. Q. Who is Mr. Dawson? A. The brick-maker—he makes a great number of bricks at times—undoubtedly other persons buy bricks of him besides Mr. Brogden—I should not think it very odd to find bricks with" W. D." on them.
Cross-examined by MR. PARNELL. Q. To go to the Tunnel would you go the same way that you go to Watson's house? A. Yes.
MR. PRENDERGAST. Q. Would you go at the back of his house to the Tunnel? A. No.
works. In consequence of information I went to Mr. Watson's house, the White Horse, with the policeman—I saw some new bricks under some old ones—I sent for Mr. Watson, and said to him, "How about these bricks, Mr. Watson?"—he said he knew nothing about them, they were shot in a mistake—I said, "Very well, sir, I doubt it is a wilful mistake"—he said it was not—I uncased the bricks, and showed him where they were placed—he then wanted me to send the carter to fetch them back—he said it would make a deal of bother with the carter; it would get the carter into a deal of trouble—I said I dared not do it, my abilities did not reach high enough to do that—he said he would sooner pay for them than have any bother about them—he asked me if I would take anything to drink—I said no, I did not require anything; I was not in the habit of taking anything so soon in the morning—he again said he wished I would send a carter to take them away—I said, I dared not do it.
Cross-examined by MR. CLARKSON. Q. How many were there of these bricks? A. I do not know; I suppose, by the lump, about 500—I did not take them down and count them.
MR. PRENDERGAST. Q. As far as you looked, did you find new ones under the old? A. Yes, I saw about fifty—I did not see any new bricks when I first went into the yard.
DAVID SIMPER (policeman, R 310). I went to the White Horse, kept by Mr. Watson—I saw the bricks there—they appeared from the outside to be old ones—on taking them off, I found about a load of new ones—I saw Mr. Watson—Mr. Bottomley said to him," What about these bricks?"—he said they were shot at random, and it was a mistake—Mr. Bottomley said if it was a mistake it was a wilful one—Mr. Watson asked Mr. Bottomley to send a cart to fetch them away—he said he would do no such thing—Mr. Watson asked him again, and said it would get the carter into trouble—Mr. Bottomley said he would not do it for 20l.—Mr. Watson asked us to go and have something to drink.
(The Watsons, received good characters.)
JAMES WATSON— GUILTY. Aged 53.—Recommended to mercy by the Jury and Prosecutor. — Confined Eighteen Months.
JONATHAN RICHARD WATSON— GUILTY. Aged 23.—Recommended to mercy by the Jury and Prosecutor. — Confined Six Months.
RECORD— NOT GUILTY .
1674. JAMES CORDELL , stealing 1 purse, 1 handkerchief, and 1 corkscrew, value 1s. 6d.; the goods of Thomas Bartholomew, from the person of Eliza Jane Bartholomew. MR. PARRY conducted the Prosecution.
ELIZA JANE BARTHOLOMEW . I am the wife of Thomas Bartholomew. Between ten and eleven o'clock, on 8th Aug., I was on board the Isle of Thanet, off Woolwich—I felt the prisoner press against my side—having felt that, I turned, and saw him putting my pocket-handkerchief into his pocket—I said, "You have picked my pocket"—I felt my pocket, and missed my purse, which had one shilling in it, and a corkscrew—I said to my husband," That man has robbed me"—he went round the deck, and when he came to me again he had my purse and the corkscrew in his hand.
Cross-examined by MR. HUDDLESTON. Q. Where was this? A. Off North Woolwich—the vessel had not moved from the pier—this corkscrew is a portable one—I believe the prisoner was roughly used—my husband told the people it was exceedingly wrong to do so—I do not know that there was a judge and jury appointed, and that they called the judge the Common
Serjeant, and that they tied a rope to the prisoner's body, and threatened to throw him overboard—I had not been stooping down, I was looking at my boxes—the prisoner sat next to me—I begged him to move.
THOMAS BARTHOLOMEW . I was on board the vessel—in consequence of my wife speaking to me, and pointing out the prisoner, I watched him—I met him near the funnel—I charged him with picking my wife's pocket—he gave me this purse and corkscrew—he dropped a handkerchief just behind him, but I did not see him—he was ill-used—I told them not do so, and told him to go below.
Cross-examined. Q. Who were the persons who had hold of him? A, I do not know, they were strangers—I do not believe they had a judge and jury, and tried him—it was nearly two hours after he gave up the purse and corkscrew before I went to him—I did not see any rope round him—I went and spoke to the captain—he told the men to keep their eye on him—he took the purse and corkscrew from his pocket, and gave them to me—he said he picked them up on the deck.
GUILTY .*† Aged 23.— Transported for Seven Years.
GUILTY . Aged 39.— Confined Six Months.
GUILTY .— Confined One Year.
HENRY PROVIS . I am a marine, stationed at Woolwich. The prisoner was in the same barrack-room with me—on Sunday, 5th Aug., I missed a pair of trowsers—the prisoner had access to them—these are them (produced).
Prisoner's Defence. I know nothing about them.
GUILTY . Aged 30.— Confined Four Months.
REEVES pleaded GUILTY . Aged 15.— Confined One Year.
JOHN WHITE (policeman, R 180). I saw the two prisoners in company, at a quarter past twelve o'clock, on 14th Aug., in Deptford Broadway—I watched them for about a quarter of an hour—they went to Mrs. Watson's shop door, and remained about a minute—Reeves then crossed to the other side, and went down Mill-lane; the other followed—I went, and saw them trying to take this ticket off the trowsers—I took them and the trowsers.
BURMAN— GUILTY . Aged 18.— Confined Three Months.
MR. CHARNOCK conducted the Prosecution.
paid him this bill of 15s. 8d. on 31st May—it is headed, "Bought of T. Graves"—he produced the paper to me—I afterwards paid him 1l. on account of this bill of 2l. 9s.
Cross-examined by MR. PARRY. Q. HOW long had you dealt with the prisoner for stays? A. I think seven or eight years—he was the stay-maker that I knew originally—these bills were dated in May and June.
MR. CHARNOCK. Q. Do you know that the prisoner disposed of his business to Mr. Graves? A. No—I did not make any remark on the subject of the alteration of the name on the bills—I had seen Mr. Graves before these bills were paid—I gave the order for these goods to the prisoner—I had not had bills of this form before.
SARAH STANLEY . I know Mr. Graves—he was introduced to me by the prisoner as his partner—I had dealt with the prisoner before, for seven or eight years—the invoices then were in Marks's name, and these are in Mr. Graves's name—on 29th June I paid the prisoner 3l. 1s. 9d.—the bill is headed," Mr. Graves"—the prisoner receipted the bill—these bills (looking at them) are my bills, made out to Mr. Graves—the prisoner took them away.
Cross-examined. Q. These are for goods that you sold to Mr. Graves? A. Yes—when the prisoner came with Mr. Graves to my shop, he introduced him to me as the person of whom he had spoken before—I do not know that the word "partner" was used—I then dealt with the prisoner and Mr. Graves as partners—I understood from what then passed that they were partners-Mr. Graves did not contradict it when the prisoner said, "This is the gentle-man of whom I spoke to you"—this is a bill, headed "Mrs. Stanley, to E. Marks, to goods delivered on 7th April"—this is for goods, March 20th, 1849—I believe this other paper is Mr. Graves's writing—this is a bill dated 21st May, 1849," Miss Basstow, bought of E. Marks."
THOMAS GRAVES . I carry on business as a stay-maker, at Deptford—I did so on 31 st May—the prisoner was in my service since 24th March—I paid him a salary on 24th March—he had 1l., and his wages were 30s. a week, or 5s. a day—I took the stay-making business of him—there was never any partnership between us at any time—on 31st May he was authorized to receive from Mrs. Evans 15s. 8d., and 14s. from Mrs. Stanley—he only accounted to me for 10s. 8d., received from Mrs. Evans—he was afterwards to receive 1l. more from her—he did not account to me for that—I afterwards sent him to receive 3l. 1s. 9d. from Mrs. Stanley—he did not account to me for that—I purchased goods from Mrs. Stanley—these are the invoices of them—sometimes they would send them by the prisoner, as my servant.
Cross-examined. Q. Before you began stay-making, what were you? A. A miller—I never was partner with Mr. Frost—the prisoner had carried on the stay-business for some years—I gave him nothing for the business, but he was such a dissipated character, he said to me, "I have no means of carry-ing on business, without I get some one to take it; if you take my business, and allow me 30s. a week, I will do the best I can for you"—I am carrying the business on now—perhaps I have been amongst the connexion of the prisoner since he has been in prison, telling them that he has robbed me—I have been amongst some of them, and told them he had been receiving money on my account, and absconded—the 24th of March was the time I took the business.
Q. Look at this paper, dated 7th May, 1849; how came you to make out this invoice in Marks's name then? A. He said to me," This lady is a very particular lady; she won't buy stays of any one but me; it won't make any
difference if you make out the invoice in my name"—here is another bill, to Mrs. Stanley, which I made out in the prisoner's name, on 20th March—that was before I was in possession of the business—I was not his servant, but I was in the habit of visiting at his house, and making out bis invoices—he asked me, as a friend, to do it—this letter, addressed to Mr. Chemist, is my writing—I was summoned to the Palace Court for a debt of 73l.—I paid 65l. of it—I did not swear at the Palace Court, in reference to that debt, that the goods at Mr. Marks's were not mine, but Mr. Marks's—I went with Mr. Chemist's clerk to Mr. Lloyd, in reference to this summons—I did not swear that the stock, goods, and chattels were not my property, but were Mr. Marks's—I said that Marks said I had better do so—I did not say I was learning the business from Marks—I said I had married a lady, whose property would come into business, but not before two years, and that then I would pay all debts owing by me—I did not say that I was receiving 12s. 6d. per week from Marks—I said I was receiving 12s. 6d. a week from the property belonging to my wife—the Judge ordered me to pay, I think, 7s. 6d. a fortnight off the debt of 15l. that I then owed—on 1st May I was ia possession of those goods that I say were mine—they were goods that I allege I bought of Marks—I was present when Mr. Chemist served a notice on the Sheriff's officer—I am not aware that Mr. Frost was present—I did not lay on 1st May that these goods were not mine, but Marks's—the Sheriff withdrew after the notice—I did not say, when Mr. Chemist served the notice, that the goods were not mine—Marks said, "These are my goods; Graves has nothing to do with them."
NOT GUILTY .
Before Mr. Recorder,
THOMAS NUTE (policeman, R 358). I was on duty in Clarence-street, Greenwich, on 30th May; Mr. Thame, the brother of the landlord of the Salutation, spoke to me—his person exhibited marks of violence, and he wanted the prisoner to be taken for assaulting him—I went with him to the public-house, he pointed out the prisoner, and gave him in charge—on my going towards the prisoner, he went down the steps at the water side, and went into a boat—some of his companions followed me, and told him to come out from the boat, and never mind the policeman—he then came up to me, and said, "I am the man; take me into custody, if you think you are able"—I said, "You must go with me to the station-house, and settle it quietly with Mr. Thame"—he said he would see me d—d first, and if I fetched all my force, I should not take him—I said, "You are very obstinate; give me your name and address"—he gave me his name and address—I gave it to Mr. Thame, and told him he must summon him—he said he knew nothing of him, I must take him—I went down and told the prisoner he must come with me—he struck me in the face, and ran off the steps on to the pier—I followed him to the pier, and he struck me again—we bad a tustle there for a minute or two—there were some sticks used—I got several blows on my head, and was insensible—when I came to myself, I was on my way to the station—I found my head was cut—I was confined a month, and a fortnight of the time to my bed—I had not struck the prisoner before he struck me—he was the worse for liquor—my skin was broken, I bled a great deal—I have the scars now.
liquor, and I objected to his coming in—he said be would come in, and he put up his fist and knocked me down—I called Nute to take him—when Nute was assaulted, other persons joined the prisoner in attacking him—there were some boat hooks there—the officer was very much injured; I saw him led up by four persons.
Prisoner. You shoved me out of your house; if it had not been for two persons behind, you might have broken my back. Witness. I deny that in toto—you were fighting with a man outside—there was a friend of mine who saw you strike me, because I would not let you into the house—you knocked me down on the bar floor.
JAMES GILLODD BEACH . I keep the Eagle. On 30th May, I was going to the water-side to take a boat—I met Mr. Thame with his hand up to his eye—I went for the policeman—when he came, he was surrounded by a mob of people—the prisoner said he would not go, and all the force should not take him—he commenced fighting with the constable, first with his fist, and then with an instrument, either a cane or a mop—the constable was struck on the head and body—the persons who assisted the prisoner, jumped into a boat and rowed off—I and two officers got into a boat and rowed after them, but could not overtake them.
JOHN POMEROY (policeman, M 130). I went to assist Nute—I saw him ill-used—he was struck several times on the head and body with this bamboo cane—one of the prisoner's companions had this, and the prisoner had this mop—the prisoner's companions escaped—the prisoner escaped at the time—he was taken last Saturday week.
Prisoner's Defence. I was drunk.
GUILTY .— Transported for Seven Years.
GUILTY .— Confined Eighteen Months.
Before Mr. Common Serjeant.
MESSRS. RYLAND and ROBINSON conducted the Prosecution.
ALEXANDER SCOTT (policeman, R 245). On Saturday morning, 26th May, I was on duty in Rose-street, Greenwich, at half-past twelve o'clock—I saw four men and two women of the town standing together—the men were swearing, and using very unbecoming language—I told them to go home—Cox, who was one of them, said he had as much right there as I had—Pinegar was not there then—I left them, and when I came back, I found Cox standing there alone—I told him to go away—he said he would not, and he went and joined his companions at the corner of Union-street—I went up another street, and when I came back, I met the four men and Cox coming up the street—one of the four said, "Here comes the b—r"—when they came to me, Cox came against me, and tried to push me over—I took him into custody—a female came, and began pushing against me, and Cox ran away to his house—I ran after him, and took him—the three men came up—Pinegar was one, and he cried out," Kill the b—y policeman! murder the b----y man!"—I was knocked down, but I do not know by whom; and when I was down, on the top of Cox, Pinegar struck me a blow on the head, calling to Cox to get away, which he did—I got up, and
took hold of Pinegar—I was knocked down, and Pinegar fell on me—he took my finger in his mouth—I tried to pull it out, and he drew the flesh down to the nail—he ran off—I ran and took hold of him—we fell, and he took my nose and bit it—I called to a boy to go and get assistance from the public-house—I lost my staff and rattle, and have been under medical treatment.
Cross-examined by MR. O'BRIEN. Q. In the first fall you were on the top of Cox? A. Yes; I had known him by seeing him before—I cannot say that I knew where be lived—I went after him to the door of his house—at that time no violence had been offered to me but the push—it did not occur to me that I might have summoned him; I did not know his name—the place where I got the shove was seventy or a hundred yards from Cox's house—whether he was shoved against me, or came intentionally against me, I cannot say—when I first spoke to him, I did not say, "Move on, you d—d vagabond"—I swear I did not use such a word—I did not draw my staff at all; it was taken from me—till I had Cox down, he had not struck me—he had made the first push against me, and when he was down» he kicked me—he made his escape when Pinegar seized me—that was seventy or a hundred yards from Cox's door, where I had brought him—after Cox had made his escape when I was knocked down, Pinegar was down with me—I did not hear him cry out, "For God's sake take him off, or he will choke me"—I will swear he did not say that—I had Pinegar under me about a couple of seconds before I was bitten—when I got up to him the second time, he fell under me—that was the time my nose was bitten—I did not hear any cry of murder—I did not hear Pinegar cry murder—his mother was-there, holding me by the hair of my head while he had my nose.
MR. ROBINSON. Q. Did you knock Cox down? A. No; we were knocked down, and Cox kicked me when I was down—I did not use my staff at all—I attempted to take it out when my-nose was bitten, and it was taken from me—Pinegar's mother came and took me by the hair while he had my nose, and he said to her, "Stand you back, you old b----! I am quite sufficient for this fellow."
THOMAS STONE . I keep the Grey-coat Boy public-house in Rose-street, Greenwich. On that morning I heard a pretty noisy row going on in the street—I went out and saw Cox down and Scott on him—Pinegar was standing over him, kicking him and using very foul language—Cox had got Scott by the throat—I loosed his hand from his throat—Pinegar said, "Give it the b—r! we will do for him!"—I got Scott up, Cox made his escapeScott went after him, but he lost him, and returned again and went towards Pinegar's home, where he took Pinegar—he then sung out for assistance again, for the man was biting him by the nose—I saw Pinegar's mother come outshe made use of very improper language—Scott told me to get out his staff, I felt in his pocket, and it was not there—he was bleeding very profusely from the nose, and was very much exhausted—another constable came up and took Pinegar in charge.
Cross-examined. Q. When you went out, Cox was under the policeman? A. Yes—there were some other persons there, but nobody interfered but Cox and Pinegar that I saw—I was not there at the beginning of it—nobody rendered any assistance but myself—I did not hear Pinegar's mother cry "Murder!"—I did not bear Pinegar or his mother cry out to take the policeman from his throat, that he should be choked—his mother called me a b—y murdering b—r.
constable say "Move on, move on"—they moved a short distance, and then one struck the policeman, and he ran and brought back Cox—Pinegar followed him and said to him, "Do you intend to go?"—Cox said, "I will see him b—d first"—they then had a great struggle; the whole three fell on the ground, and it appeared to me as if the constable was nearly choked—I heard him say, "You have bitten my nose"—it appeared at first that some one struck the policeman, but I did not see that when I came down.
Cross-examined. Q. Will you swear that either of them struck the policeman at all? A. One of them held up his hand to do so—I could not see where he got the blow—it was a blow or a push, or something of that kind.
WILLIAM IRWIN (policeman, R 311). I was on duty on the morning of 26th May, some one came and told me about Scott—I went to the place, and found him lying on his right side and Pinegar on his left, having hold of each other—Scott's face was covered with blood—I raised him from the ground, he was scarcely able to stand—he was very much exhausted—I took Pinegar, and afterwards, with Sergeant Buckmaster, I took Cox.
EDWARD DOWNING . I am surgeon to the police force. On the morning of 26th May I was called to attend Scott at the police-station—I found the first joint of the second finger of his right-hand was bitten nearly through, and the nose was bitten not quite through—he was very much exhausted—the finger did not go on well—I called in the surgeon of the hospital-ship, and it was considered necessary that we should amputate the finger, which we did—he is now convalescent, but exceedingly weak—his nose has recovered.
Witnesses for the Defence.
FREDERICK BARTLETT . I was coming home from work on the Friday night on which this row took place, about twenty minutes past twelve o'clock, at the corner of Union-street; Rose-street joins it—I saw Scott standing with three labouring men—he told them to go home—they made answer, "We are going home; we live close by"—the men moved very slowly away—he followed them and said, "You d—d snots and vagabonds, if you are not off quicker I will have you locked up"—he followed them, and had one man down three times in the road—(it was neither of these prisoners)—I said to him, "You had no business to knock a man down, you ought to have your number taken"—he said, "You d—d vagabond, if you don't be off I will lock you up"—he then knocked down Pinegar, and dragged him about twenty yards, and then he sprung his rattle—I went home, and did not see any more of it—I have worked four years for Mr. Carpenter, the confectioner, at Greenwich.
MR. RYLAND. Q. How came you to come here? A. I was not sent for before the Magistrate—I was subpœnaed up here last Monday morning—I do not know how they found me out—I do not know any of the parties.
SARAH GARRETT . I live at 4, Caroline-street. On Friday night, 26th May, I heard a noise in the street—I heard cries of "Murder!" by a female, I threw up the window, and saw Pinegar running down the street, and the policeman after him—I cannot say whether it was Scott—when they got opposite to my house they came close together, and the policeman fell on the top of him—I heard Pinegar say, "I will bite as hard as you"—after that I heard him say, "Mother, for God's sake unloose my handkerchief, or I shall be choked."
Cross-examined. Q. Had she got hold of the policeman by the hair of his head? A. No—she was not stooping, she was standing, begging him to let go of her son—I said, "For God's sake is there nobody here to give them
assistance?"—the policeman then called out to Mr. Stone to come and loose him—I saw a man come, who I have every reason to believe was Mr. Stone, but it was dark—I heard the woman say, "For God's sake come and help him"—she did not call the policeman a b—y murdering b—r in my presence—I have worked for his mother six or eight months, at a mangle.
WILLIAM BALL . I heard a noise, and went out to see what it was about—I saw Pinegar run away and Scott after him—he caught hold of Pinegar and pulled him down, and laid on him a quarter of an hour—Pinegar hallooed out, "If you don't let me go you will choke me"—he kept him there till assistance came. (The prisoners' master gave them a good character.)
PINEGAR— GUILTY . Aged 24.— Confined Eighteen Months.
COX— GUILTY . Aged 25.— Confined Six Months.
JANE PERCIVAL . I am the wife of Joseph Percival, we live at 2, Regent-street, Blackheath-hill. The prisoner Bennett lodged with me—I missed a watch, I then searched, and missed this gown, and cloth and other articles, from the boxes in which they had been safe before—this property produced is all mine—I do not know Randall.
JOHN CARPENTER re-examined. I took Randall—he said he knew what I wanted him for—he said on the way to the station that he had only pawned one thing that was stolen—that was before I had said what the charge was—at the station Randall was told in Bennett's presence what the charge was—Randall said he was with him, but only pawned one thing.
Randall's Defence. I pawned the shawl; I know nothing about anything else; I got it from Bennett.
Bennett's Defence. If you will be so kind as to look over it, it shall never happen again.
BENNETT— GUILTY .— Confined Six Months.
RANDALL— GUILTY of receiving. *— Confined Nine Months.
Before Mr. Justice Erle.
JOHN NEIGHBOUR . I am a labourer, of Richmond. I was there on 18th June, between eleven and twelve o'clock in the day, walking between the Black Horse and Mr. Gosling's lodge—there was a hay-cart about thirty or forty yards before me on the same side of the way, the near side—I saw a barrow about the same distance off, with a child sitting between the handles—the cart was opposite the barrow when I first saw it—I do not know whether there was space enough between the hay-cart and barrow for another cart to pass, I do not think there was—I saw another cart before me—it was a light spring-cart, which the prisoner was driving—he was going at the rate of about seven or eight miles an hour—in attempting to pass between the hay-cart and the barrow the off-wheel of his cart caught the barrow, and ran over the barrow and the child—I ran up directly and assisted the child, which was lying down bleeding from the eyes, nose, and mouth—I only saw it breathe once afterwards—at this time the cart the prisoner was driving had stopped, turned round, and came back again—the prisoner said, "For God's sake help to put the poor child into the cart"—it was put in, and carried to Mr. Anderson's—the prisoner asked me the way to the nearest doctor, and I told him—the horse he was driving was quite young and very high-spirited.
Cross-examined by MR. BALLANTINE. Q. Did you know the road before? A. Yes—this plan (produced) represents it exactly—there is a curve in the road—I was on the path—the distance has been measured—if nothing im-peded the view you could see the barrow at a distance of 180 feet—the road at Mr. Gosling's lodge is sixteen feet wide—the hay-cart was about five feet ten and a half inches wide, and the barrow about two feet six inches—the near wheel of the hay-cart was two feet six inches from the kerb—the prisoner's cart was about five feet five and a half inches wide—the wheel of the barrow was on the edge of the main road, half on the carriage-way leading to the lodge—I was on the near side when I saw the accident, at the corner of the barn.
COURT. Q. If there was room for all, how was it that the cart went over the barrow? A. I consider it was quite an accident—many persons think they can drive to an inch—I do not think there was sufficient room for him to pass—according to the figures there would be just room, but he may have missed his line—he seemed to have full control of the horse—it was a very hard-mouthed horse—I went with it from Richmond to East Sheen, and it was very hard to pull up—in fact, when the wheel first caught the barrow the prisoner, and another young man who was in the cart, tried all they could to pull the horse up, and they had a hard matter—it was quite a young thing, and nearly thorough-bred—I should think not more than four years old, from its action and look.
FREDERICK NEAL . I am a dealer in marine-stores, at Twickenham. On the morning of 18th June I was driving the hay-cart, and as I was nearing Mr. Gosling's lodge, going towards East Sheen, I heard a noise behind—I looked round and saw the prisoner coming with a cart—it was going about seven or eight miles an hour, or it might be a little more, and in two or three seconds he was on the top of the barrow upon which the child was sitting—I had seen it there about twenty or thirty yards before the cart drove up—the wheel turned the barrow round, and it went over the child's head—I directly jumped out of my cart and went to the child—the prisoner's horse was stopped—he tried to pull him up as quick as possible—my cart was empty, not laden with hay.
feet along the road—the road is nineteen feet wide by Mr. Gosling's, not including the footway.
NOT GUILTY .
Before Mr. Recorder,
1685. GEORGE COLEMAN and TIMOTHY MAHONE , burglariously breaking and entering the dwelling-house of Thomas Burns Doller, and stealing therein 2 blankets, 1 counterpane, 2 pillows, and 1 sheet, value 30s.; his goods: to which
MAHONE pleaded GUILTY .** Aged 14.— Confined Six Months.
MR. CAARTEEN conducted the Prosecution.
REBECCA DOLLER . I am the wife of Thomas Doller, of 6, Felix-place, Bermondsey-street. On 2d July, about eight o'clock in the evening, I left home, and returned about a quarter to twelve—my sister let me in—I went into the front parlour, where I sleep, and struck a light—the window and shutters were open—I had left the window pushed down at top, and the shutters shut—I missed a sheet, counterpane, two blankets, and two pillows—I called my sister—a policeman came—I saw my things next morning at the station—these are them (produced).
GEORGE MURRAY (policeman, M 77). On the evening of 2d July, about twenty minutes past eleven o'clock, I met Coleman coming from Felix-place—I turned my light on him—he went under the railway arch, down College-street—in about two minutes I saw Mahone tying up a bundle—I went, and said, "Whose are these?"—he said they belonged to the other lad who was just gone out there, and asked me to assist him—I helped him to tie them up, and said I should take care of them and him too—I found Coleman thirty or forty yards off, under the arch, and asked him what he had been doing with the bundle—he said he knew nothing about it—I took him to the station, and afterwards went to Felix-place, which is in the parish of St. John, Ber-mondsey.
Cross-examined by MR. CHARNOCK. Q. Coleman had plenty of opportu-nity of going away? A. Yes—I never saw him near the bundle—he was a little intoxicated.
HENRY HUNT (policeman, M 82). I met Murray with the prisoners—I took hold of Coleman—Mahone said to Coleman," You thought to get me into a mess, but you have got into it yourself"—Coleman said, "Why, you know I met you, and gave you some beer, and you said if I would come along with you, you knew where there was a job to be done"—Mahone said, "You know I got in at the window, and handed out the things to you"—Coleman made no reply.
Cross-examined. Q. Did you tell Coleman the charge? A. No; my brother constable told it me, in their hearing, and Coleman said, "I know nothing at all about it."
COLEMAN— NOT GUILTY .
Before Edward Bullock, Esq.
I came back on 12th July, and found she had removed to 7, Maze-pond, Bermondsey—my furniture was all safe there then—I went to work again, and on 26th July heard that my wife was in custody—that had nothing to do with this charge—I forced an entrance into the house to which she had removed, in Edward's-place, and missed most of my property—I found some duplicates in the drawers—I have seen some of the things at the pawnbroker's—they are mine.
ANN ELLIOTT . I live at Ann-street, St. George's-inthe-East. On 12th or 14th July I saw Curtis and his wife at their house at Maze-pond—on the Monday afterwards I assisted his wife to move to Edward-place—I saw the five beds and bolsters, and some pillows, moved there, a watch, some spoons, and a tea-caddy—I went to the house next day, and could not get in—about ten o'clock at night I went again—Callan opened the door—I asked for Mrs. Curtis—she said she was gone to Yarmouth to her husband, and took the keys out of her pocket, and said she had charge of the house—(I heard no more of Mrs. Curtis till I saw her at the police-court)—she said Mrs. Curtis told her she was to remove the goods—I said she was not; I would write to Mr. Curtis, and let him know the circumstances his wife was in—he came to town, I took him to the house, and found all in confusion, and some of the things gone.
ROBERT CLARKE (policeman, M 8). On 28th July I took Mason, and told her she was charged with stealing some beds and other things—she said she had nothing to do with stealing them, she merely went to the house to shut the shutters—she afterwards admitted pledging two of the beds for her at Mr. Barrett's—we found them there—Callan was taken on the Friday week afterwards—she said Mrs. Curtis had given her the keys, and told her to pledge the articles, to get a solicitor to plead for her on her trial—I produce seventeen duplicates of articles pledged by Mason, and some in the name of Wood, which she goes by sometimes—they correspond with the tickets, and all refer to these articles.
Callan's Defence. Mrs. Curtis gave me the keys of her drawers, and told me to fetch the amount of 4l. 10s.—I did so, and she was perfectly satisfied. Mason's Defence. In the latter part of July, Callan came to my house, saying a friend of hers was in trouble, and she was authorized to pledge for a certain amount of money, and asked me to assist her; seeing the key of the drawer, I thought it was all right; I pledged two pillows and two bolsters at Mr. Barrett's, in my own name and address.
MARY MYERS (a prisoner.) I am the prosecutor's wife. I was committed in the name of "Myers"—he left me and went to Yarmouth—I removed my things, and took a house of the same landlord—I know Callan—I authorised her to pledge my things. NOT GUILTY .
Before Mr. Common Serjeant.
BARNET ABRAHAMS . On 10th July I was travelling about Rotherhithe, and saw Mrs. Darby—she said, "Have you got any jewellery?"—I said, "Yes," and went to her house—I had an accordion, and she was dancing to it—she took me into a back-room, and said, "I want to buy a pair of earrings"—I had none, but I said I would bring a pair next week—I went away, and afterwards missed the accordion from my bundle—it belonged to Sergeant Thomas, of the Rotherhithe station—it was in my custody—I went back and said, "Mrs. Darby, give me my accordion; it belongs to
Sergeant Thomas"—she went to a corner and gave it me—I went away again—I then missed a scarf—I gave information, and gave Darby in charge.
Cross-examined by Ms. BALLANTINE. Q. What did you do with the accordion? A. I had it to repair—when Darby was dancing, Lloyd was looking on—I did not see them undo the bundle—I did not undo it—I know this shawl by this spot; it came out of the bundle—there was another woman there, but she was not out of my presence.