CENTRAL CRIMINAL COURT.
SECOND SESSION, HELD DECEMBER 17TH, 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, December 17th, 1849, and following Days.
Before the Right Hon. THOMAS FARNCOMB; LORD MAYOR of the City of London: Sir William Taylor Coleridge, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Robert Monsey Rolfe, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Key, Bart.; Sir George Carroll, Knt.; William Hunter, Esq.; Thomas Sidney, Esq. M.P.; Thomas Challis, Esq.; Thomas Quested Finnis, Esq.; Robert Walter Carden, Esq.; Aldermen of the said City; John Mirehouse, Esq., Common-Serjeant of the said City; and Edward Bullock, Esq., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
DAVID WILLIAMS WIRE, Esq.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
FARNCOMB, MAYOR. SECOND 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, December 17th, 1849.
PRESENT—The Rt. Hon. the LORO MAYOR; Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. WILLIAM HUNTER; Mr. Ald. SIDNEY; Mr. Ald FINNIS; Mr. Ald. CARDEN; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the First Jury.
NOT GUILTY .
GUILTY . Aged 26.— Confined Three Months.
MR. CLARKSON conducted the Prosecution.
CORNELIUS PHILLIPS . I am an upholsterer at 5, Angel-place, Pentonville; it is my dwelling-house, and is in the parish of St. James's, Clerkenwell. The prisoner was in my service for six months, and quitted about five weeks ago—he was fully acquainted with the interior of my house—since he left he has sometimes called to see Rabjohn, my shopman—on Tuesday night, 27th Nov., I was in my shop about half-past eight o'clock; I heard a loud screaming, which induced me to run to the passage door—Rabjohn was there, close to the street door—my servant maid ran to me from the interior of the house; and from what she told me, I ran towards the parlour at the back of the shop, and saw the prisoner just inside the parlour coming through the door—he had no hat on, that was only a few seconds after I beard the screams—I then ran to the street door, Rabjohn and the girl were near the street door—I closed it, and ordered it not to be opened—I then went to the third-floor front, which is my bed-room—I had a secretaire there—the prisoner knew I was in habit of keeping my money there—I found it half open and a small inner drawer also, from which I missed 27l. in gold, which I had seen safe about eleven in the forenoon—I came down
stairs and found a policeman, and searched about the house with him—there is a back door; I turned the key of that door before I went up-stairs, so that nobody could have come in from the back door, after I heard the screams—it leads into a yard, which is surrounded by a high wall and some buildings—it the time I first saw the prisoner I had no suspicion of him, but when I came down I had, and I asked how he came through the parlour at that time—he said he was standing near the Angel at Islington, and hearing screams he ran down a private passage and through the parlour, where I met him—he was only two feet from the foot of the stairs; I had seen him at my house that evening—my house is three houses and a half from the Angel, the half is over a gateway—my passage-door has no spring to it, it will not shut of itself if it is opened—I opened it—when I went up-stairs the windows were all shut, and everything secure.
Prisoner. Q. Could not any person have escaped the backway? A. No; a person could not very easily get over the wall—it is seven and a half-feet high—you did once get over it to let Mr. Morgan, a surgeon, in.
JOHN RABJOHN . I am shopman to Mr. Phillips. After the prisoner left, he was in the habit of calling to see me—on Tuesday evening, 27th Nov., he came about half-past seven o'clock—he walked into the shop as usual, and we had a little conversation—about five minutes to eight I went to the street-door, and stood there, having the care of some goods out in the street, and left the prisoner in the middle of the shop—he came up to me, and said, "Master says you may take the chairs in"—I said, "Very well," and walked back to move a couch; the prisoner stepped out, and brought in an arm-chair and sat down in it close by my side—after some time he said, "You do not want me any longer, I will bid you good night"—I was then about fifteen feet within the shop; he went out, the shop door adjoins the street door—whether he went away or went into the passage I cannot tell—I placed the arm-chair in the room, and immediately went to the door, looked both ways, and could not see him—I stood on the threshold about a quarter of an hour or twenty minutes—I could see the Angel from there—if the prisoner had been standing there, I think I should have seen him—I then heard a cry of "Murder!" and women's screams from up-stairs—I immediately turned round, and Mr. Phillips came up—if the prisoner had come into the house after I heard the screams I must have seen him—I am positive he did not—Mr. Phillips had the girl in his arms—I took her from him, and he ran down the shop to get a light—he then came back and bolted the street door, and said to me, "Do not let anybody in or out"—I drew the servant twenty-nine inches from one door to the other, and when I turned round the prisoner was close to my elbow, without a hat, and his hair very much rumpled, and he was very much confused—he smoothed down his hair; he came from the direction of the back parlour—it would have been impossible for any one to have come in from the time I heard the scream till I saw the prisoner in the shop, without my seeing them—I said to him, "Tom, how did you come in the house when you bid me good-night a quarter of an hour ago?"—he made no reply—the girl was still screaming—a knock came to the door, it was the policeman—the prisoner said, "Hold the girl fast, and do not let her go out; I will go for a policeman"—he unbolted the door and ran out, as two policemen came in—I fastened the door afterwards; in about a quarter of an hour the prisoner came back and brought some policemen with him, four or five came in altogether—during the twenty minutes I was standing at the door the prisoner had time to go up-stairs and get the money, and he bad time enough to get rid of it afterwards—when he was given in
custody he fell crying, and said, "Master, now I will tell you the truth"—the policeman stopped him, and said, Whatever you have got to say you must say before our superiors."
MARIA STOCKER . I am in the prosecutor's service. On the evening of 27th Nov. from a quarter to half-past eight o'clock, I was coming down stairs, and thought I heard some one up-stairs—I went and lifted up the, valens of my master's bed, and saw a man's band underneath; I screamed out, and my master came and caught me—I did not see any more than the hand, I ran away screaming.
Prisoner. Q. How long before the robbery had your mistress been up-stairs A. think about a quarter of an hour.
GRACE PHILLIPS . I am the prosecutor's wife. On the evening of 27th Nov., I was on the second-floor of the house—in consequence of what the girl said to me, I went up after her to my bed-room on the third-floor—she raised the valens of the bed, and said there was somebody under it—as she left, I saw a person in the act of crawling from under the bed—the person turned his face towards me—it was the prisoner—I opened the window, and screamed out—I had been in the room about a quarter of an hour before—the secretaire was then safe, and shut.
Prisoner. Q. Did you not say when you left the room you left the keys safe on the dressing-room table? A. Yes; you are the person that came from under the bed, to the best of my belief—I screamed out, for I was afraid you were coming towards me.
GEORGE COLLINS (policeman, N 59). I heard the screaming, went to the house, and went up-stairs with the prosecutor—I found no person in the house but the prisoner, or any trace of any—there was no appearance of any-person having escaped—the doors and windows were all shut and fastened—when we came down stairs, the prosecutor said to the prisoner, "We believe, Alfred, you know all about it; it will be best for you to tell the truth"—I stopped him and said, "You must not say anything of that, if you are going to give him in custody"—I took him in custody, searched him, and found a knife in his coat-pocket—I asked how he accounted for having it in his possession—he said, "I am not bound to answer you any question; you can do nothing with me; you found no money on me"—he had heard Mr. Phillips say what he had lost—he afterwards said that when he went out he went to the Angel, and stopped there rather longer than he usually did; that be heard the screaming, and ran in—I afterwards examined the secretaire—it appeared to have been opened with a knife, or some such instrument—I afterwards locked it, applied this knife, and it opened it, and the marks corresponded.
Prisoner's Defence. I left the shop about half-past seven o'clock to go to the Angel, to see what time it was, and said I would bring Rabjohn word; I met two men there, and stopped talking a few minutes; I heard a screaming, and ran in, and the first person I saw in the shop was Mr. Tilley, a tobacconist; I went down the yard, and in at one of the side-doors, and met my master by the shop door; I was there about two hours before he said he suspected me.
GUILTY . Aged 17.— Confined One Year.
190. SAMUEL MARLOW PHILLP ; embezzling the sums of 4l. 17s.; 2l. 8s. 6d., and 2l. 8s. 6d: also, 2 other sums of 2l. 8s. 6d.: also, 3l. 12s. 9d.; the moneys of John Allnutt, and others, his masters: having been before convicted: to which he pleaded
GUILTY . Aged 29.— Confined Four Months.
(The Prosecutor recommended the prisoner to mercy, and MR. CLARKSON stated that the previous conviction was seventeen years ago, since which time he had recovered his character.)
GUILTY . Aged 24.— Confined One Year.
JOHN WELLS . I am a butcher at Hillingdon, and have a stall in Uxbridge market, Humphreys assisted me occasionally in loading and unloading my cart—he did so on 8th Dec.—I had a leg of mutton that day, which I have since missed; I lost it from my cart—the policeman came and showed it to me, and this is it (produced)—I swear to it from the way I have of cutting it.
Cross-examined by MR. CARTER. Q. When did you put it into the cart? A. On Saturday night, about ten o'clock—I am a regular butcher; I was brought up to it—they cut very different in Oxfordshire to what they do in this county; we cut them longer—I remember this leg by hacking it on the edge—I missed the joint—I first missed it on the Tuesday, but could not tell whether I had lost or sold it—it was the policeman coming that enabled me to recollect I had not sold it—I then went round to my customers—I kill about four sheep a week—I took back several different joints on the Saturday night, amounting to more than one sheep.
DANIEL SUDBURY . I saw the three prisoners together, on the Monday, and watched them from about six to eight o'clock—at eight, I saw them all three go up Page's-lane; afterwards Humphreys came back, walked to the corner, and whistled, and Burrell and Humphreys came down together—they all three turned to go down the town—I went across, and asked Burrell what he had under his coat—he said, "Nothing"—I found this leg of mutton—I asked where he got it—he said he found it—I took him to the station—the others ran away.
GEORGE WELLINS . I saw Burrell and Humphreys round the cart after the meat was packed up—they followed me down to where the cart was standing—the mutton was then safe, for what I know—the cart was at the Three Legs public-house—I was in charge of it—I went away to fetch a young man to go home with my master—there were not many people about then—the cart was covered over with a cloth.
RICHARD ROADKNIGHT (policeman), I took Humphreys into custody—he asked what it was for—I said for stealing a leg of mutton—he said, "Have you got Burrell?"—I said, "Yes, you will see him at the station"—I saw them all three together, on the Saturday and Monday night
BURRELL— GUILTY .* Aged 17.— Confined Four Months
SMITH and HUMPHREYS— NOT GUILTY .
NEW COURT.—Monday, December 11th, 1849.
PRESENT—SIR JOHN KEY, Bart.; Mr. Ald. FINNIS; Mr. Ald. CARDEN; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Fifth Jury.
(MR. PAYNE offered no evidence.)
NOT GUILTY .
ROBERT FIELD . I am a dairyman, of Denbigh-street, Pimlico. On 2d Dec, about eight o'clock in the evening, I went into my shop and saw Woodward under my counter—I took hold of his legs and pulled him away—he had neither shoes or stockings on; his feet were quite clean and dry—my till was under him, on the floor; it was safe in the counter at five—I did not see Smith.
WILLIAM SIMONS . I am in Inspector of police. On 2d Dec, about eight o'clock in the evening, I was passing Warwick-street, and saw Smith leaving the corner of the prosecutor's shop in a hurried manner—he had a pair of shoes in his hand, and this stick—there was a gas-light—a female came to the shop-door and called "Police!"—Smith ran away—I pursued and caught him—I bad lost sight of him three times—I am certain the person I caught was the same I saw at first—I stopped him in a square—he flung the shoes over the railings, and gave me the stick—I sent an officer to get the shoes—Smith said, they were a pair he had found—I saw these shoes fitted on Woodward—they fitted him exactly.
Smith's Defence. It rained very hard, and I was running home; I found the shoes in the square, and threw them-over into the green.
SMITH— NOT GUILTY .
(The prosecutor did not appear.)
NOT GUILTY .
OLD COURT.—Tuesday, December 18th, 1849.
PRESENT—Mr. Ald. FINNIS; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Second Jury.
196. JOHN BARTHOLOMEW ; feloniously forging and uttering a receipt for 7s.; also, a receipt for 5s.; also, one for 2s. 7d.; with intent to defraud Daniel Pratt; also, stealing 33 postage stamps, and 2 half sovereigns; also, 1 half sovereign; the moneys of Daniel Pratt, his master: to all of which he pleaded
GUILTY . Aged 29—Recommended to mercy by, and received a good character from, the Prosecutor.— Confined One Year.
GUILTY . Aged 16.— Confined Six Months.
(There was another indictment against the prisoner).
GUILTY . Aged 15.— Confined, Six Days and Whipped.
GUILTY . Aged 30.— Confined Nine Months.
GUILTY . Aged 18— Confined Six Months.
201. JOHN WILLIAMS ; stealing 1 pewter pot, value 8d.; the goods of Richard Lancaster Swallow: also, 3 pewter pots, value 3s.; the goods of Clara Sumners: also, 1 pewter pot, value 18d.; the goods of Richard Reekes: to all of which he pleaded
GUILTY . Aged 30.— Confined Six Months.
202. MARY ANN KELLY ; stealing 1 pillow, 2 sheets, and other articles, value 26s.; also, 1 gown and other articles, value 10s. 6d.; the goods of Charles Power; also, 2 blankets and other articles, value 15s.; the goods of James Nowlan: to which she pleaded
GUILTY .* Aged 35.— Confined Six Months.
Cross-examined by MR. ROBINSON. Q. You left the van at the Oxford Arms? A. Yes; it broke down, and was left in the prisoner's custody there—he is the watchman—my master has no partner.
JAMES BEAVIS . I am a grocer of 18, Shoemaker-row. On 3d Dec., the prisoner called on me, and offered me this loaf of sugar for sale when the shop was full of customers—he left it with me—finding it had been packed for the country, and that the direction had been torn off, I suspected it was stolen, and sent for a policeman.
Cross-examined. Q. How do you know it? A. By the white paper, and the number on it—all the sugar I gave him had this number on it.
(The prisoner received a good character.)
GUILTY . Aged 52.— Confined Three Months.
ELIZABETH ASH . On 2d Dec, about twelve o'clock at night, I was in my passage getting my husband out of a quarrel—his name is Thomas John Ash—I received information, and missed my money, a half-crown, two sixpences, and some coppers.
hand on Mrs. Ash's side, under her dress—I said, "You are not wanted here; you do not belong"—she directly ran off—I told Mrs. Ash.
PATRICK RIORDEN (policeman). I went after the prisoner, and took her to the station—she put her hand in her pocket and took out one shilling and fourpence three farthings—I took it out of her hand—the female searcher searched her, but only found a latch-key—while we were waiting in the passage at the police-court, a man came up and she gave him her handkerchief I took it from him, and found a half-crown in it.
Prisoner's Defence. My cousin gave me the half-crown; the person who took the money gave Mr. Ash one shilling of it; Mrs. Ash said, if I would give her five shillings she would not come against me.
MRS. ASH re-examined. A party came and offered me the money, but I would not take it.
HENRY TYLER (policeman, A 412). I produce a certificate—(read—Emma Surridge, Convicted Jan., 1847, of stealing money from the person, and transported for ten years)—I was presents—she is the person—she got off transportation owing to her good conduct.
GUILTY . Aged 16.— Transported for Ten Years.
JAMES STEVENS . I am a gentleman's servant. I received information, and ran after Hardy and overtook him with my wife's clothes in his basket of herrings—another young lad was near him, but I was not near enough to see him.
GEORGE LANGDON (policeman). I took Hill, and told him the charge—he said he had been expecting me before; that he did not take them, hut he watched while Hardy took them and put them over the hedge, and he put them in the basket,
HILL— GUILTY . Aged 21.— Confined Seven Days, and Whipped.
HARDY— GUILTY . Aged 16.— Transported for Seven Years.
ELIZA SUTTER . I am the wife of Edward Sutter, of 14, North-place. On 3rd Dec. I was standing next door to Lucy Williams's shop; the prisoner came up and said he was badly off, like me, and was obliged to sell matches; that he was going to steal something, and if I saw him take anything not to tell, and he would give me a pint of beer; that he had 4d. a night to pay for his lodging, and had nothing to pay it with—I said, "You had better go on; I don't want to know your business"—he left me, crossed the road, and I saw him standing at the door of Mrs. Williams's shop—I saw his hand up with something bright in it, and then I saw a hat in his hand—he ran across the road with it—I gave information.
received information, and missed a hat from the door—I had seen it safe five minutes before.
WILLIAM HARRIS (policeman). I took the prisoner, and told him it was for stealing a hat, and asked if he recollected speaking to a matchwoman—he said yes, but he knew nothing about a hat—I found a pair of scissors in his pocket.
Prisoners Defence. I am a grinder, and had the scissors to grind; I was not there at the time.
GUILTY . † * Aged 20.— Transported for Seven Years.
STEPHEN BLENKIN . I am a sailor, on board the Medora, which was lying in the Regent's Canal. On Friday morning, the 30th Nov., I missed a jacket, trowsers, waistcoat, handkerchief, shirt, and a pair of shoes from my chest in the forecastle—I had seen them there at eleven o'clock the night before—these are them (produced),
JAMES WALKER . The prisoner lodged in the same house with me. On Friday morning, 30th Nov., he came home about seven o'clock, with a suit of clothes on—he sat down by the fire and looked in the pockets—there was a threepenny-piece in one and a farthing in another—he went out and got some grub with the threepenny-piece, and took the clothes to pawn—he came back, and said he had been to several shops, and they would not take them in, but at last be pawned them for 7s.—he showed me the ticket—I can swear to this handkerchief, but not to anything else.
Prisoner's Defence. I bought the shoes in Petticoat-lane, about two months ago.
GUILTY . Aged 17.— Confined Six Months.
CAROLINE HURST . I am a servant to Charlotte Digby. The prisoner was occasionally employed to clean—I have missed a table-cloth, shift, and towel, my mistress's property—these are them (produced)—she had the sheets to wash.
Prisoner's Defence. I intended to replace the things.
GUILTY . Aged 53.— Confined Four Months.
GUILTY . Aged 40.—Recommended to mercy.— Confined Six Months.
MICHAEL CLEARY . On 6th June, about five o'clock in the evening, I saw the prisoner and M'Carthy fighting—Hickey had a knife in his hand—I attempted to separate them, and saw McCarthy make a blow at Hickey—I interfered, and got M'Carthy away—he told me he was stabbed, and put his band under his smock, and showed me the blood.
Cross-examined by MR. BALLANTINE. Q. They were neither of them sober? A. I do not believe they were—I was not there at the commencement—Mrs. Hickey was in the row, near her husband—she was not fighting.
DANIEL HEALET . I saw the prisoner and deceased close, but I cannot say whether they struck each other—I saw Hickey draw a knife from his pocket and open it—he told M'Carthy if he did not go away, it would be the worse for him, or something to that effect—he made over to M'Carthy, who struck him; but whether Hickey returned the blow or not I cannot say—M'Carthy ran up the lane, and Hickey and the mob followed him.
Cross-examined. Q. Did you see any woman? A. Mrs. Hickey was there—I do not know whether she had been insulted by M'Carthy, or how the row began.
CHARLES BLOXON . I am a surgeon. On 27th June I saw M'Carthy, and attended him until 12th Nov., when be died—I examined his body; death was caused by abscess of the left lung—the injury to the lung might have been caused by a wound with a knife—on 27th June there appeared to have been an injury over the left lung, between the sixth and seventh ribs.
Cross-examined. Q. Did the knife penetrate the lung? A. I bad no means of ascertaining till after death, and then the lung was entirely decomposed—the abscess might have begun to form about the beginning of July—I should say there was no abscess when he first came under my treatment, because I tried him with the tests when he passed as a recruit, on 27th June—I did not sound him—that would be the way to ascertain whether there was an abscess—I should put my ear to his back, and strike his breast; and if not satisfied, I should use the stethoscope—I did not use any of those methods when I examined him about 2d July—I found a derangement of the lungs—an abscess is different from an ulcer; abscesses frequently occur in the lungs without external injury—I have known an instance of abscess in the lungs from a wound with a sharp instrument—I cannot say that the wound reached the lungs—he was a strong, healthy-looking man, and I think full-blooded, but he had lost a good deal of blood then—he was twenty-one or twenty-two years old.
COURT. Q. Was he put on duty before his death? A. No.
HENRY SEARLE GATE . I am a surgeon, of University College Hospital. M'Carthy was brought there on 6th June—I found a wound on his left side, which appeared to have been made with a sharp-pointed instrument, as a knife, between the sixth and seventh rib—I probed it to the depth of an inch and a half, but thought I might do mischief if I probed it further—it was in the region of the lung—he was under my care two or three weeks—he was in considerable danger the first ten days—there was inflammation of the lung and membrane also—the injury would be very likely to occasion an abscess—I should say there was no other cause for it—he was a strong, healthy man.
EBENEZER IRONMONGER (policeman). On 6th June I went into the charge-room at the police-station, and saw M'Carthy sitting on a chair—I saw a stab in his left side—I took him outside to see if he could identify the man who did it—he pointed to a man, who I apprehended, and was obliged to let go again—I took the deceased to the hospital—when I took the prisoner, I told him M'Carthy was dead—he said he wished he had given himself tip when he had done it—he was very much distressed, and could scarcely stand.
MR. BLOXON re-examined. I cannot say in what state the roan was when he left University Hospital—when I received him he was in a very debilitated state from loss of blood—he rallied after being under treatment-the first symptoms of the abscess on the lungs was shivering and general fever; that came on on 2d July—I saw nothing that could have brought that on but the wound—the original wound had healed when he came in, and he said he felt all right, but weak—it was on 6th Aug. that the wound re-opened, and discharged an immense quantity of blood—that would be the effect of the abscess—pus always finds its way externally, and would take the weakest point—I have no reason to think that the abscess was forming before the wound was inflicted; I should say not from the appearance of the man—an abscess would not form immediately from a wound; it is the result of inflammation; it would take time—I do not think any inflammation existed when he arrived at the depot—I dare say the loss of blood had kept it down—I do not think he was discharged from the hospital too soon—I think he was in a convalescent state when he came—he was put into the hospital of the depot immediately—I took him under my charge on 27th July—that was the first time I saw him.
MR. GAYE re-examined, I saw him when he was brought in, on 6th June—he left on the 22nd, he was then convalescent, and in a fit state to be discharged had he not been going to another hospital—I can imagine no other cause of the abscess but the wound—he had severe inflammation immediately after his admission, and by very severe means that was overcome—he was left in a state of great debility, and at the time of his dismissal there might have been chronic inflammation of the lung, which probably gave rise to the abscess.
GUILTY . Aged 28.— Transported for Seven Years.
211. JOHANNA BROWN and MARGARET FORBES ; were indicted for a robbery on William Williamson, and stealing 2 half-crowns, his moneys; and at the time of the said robbery, feloniously cutting and wounding him on the head: Brown having been before convicted.
WILLIAM WILLIAMSON . I am a butcher, of 10, Crown-street, Westminster. On 10th Dec, about half-past twelve o'clock at night, I was going hone, and met the prisoner Brown—she asked me to go home with her—I went with her—she showed me into a room, and I gave her a shilling—she said I was not going to have anything for that, so I asked her to give it me back—she refused and took hold of the poker, and tried to hit me with it—I stopped her from hitting me with it, and then she called out for Thompson-Mr. Thompson came up, and said it would be best for me to leave—I said I should not go till I had got my money, and then the two of them caught hold behind my neck, and another in front of me tearing away at me, Brown paid in at one side of my head with the poker, and Forbes with a lift preserver or a stick on the other side of my head—the blood came very much—I had two half-crowns in my pocket, and when I got out and got to the top of the court I missed them—I am sure I had them safe when I was there—my cap was off at the time I received the blows—it has not been
found—I suppose they had it—I went to the police, and they said they would lock me up if I was not off—I then went down to the station-house, I was perfectly sober—I was bleeding very much when I accosted the police—this poker (produced) the officer picked up when he came from the hospital, just by the door—I cannot swear it is the poker with which I was struck, it if like it—I am perfectly sure the prisoners are the two women that struck me.
Brown. You wanted me to go and live with you, and said your wife was out of town, and I said I would not. Witness. There was never such a word mentioned—you hit me with the poker more than once or twice.
ELIZA JOHNSON . I am a searcher. Forbes was brought to the station that same night—I examined her—there were marks of blood on her dress, and spots of blood on her shawl, and wet, as though they had tried to wipe it off.
CHARLES MOORE (policeman, A 285). I went to the house in company with the prosecutor, and found this poker about a yard and a half from the door—he was very much wounded, his head was a mass of blood on both sides.
JOHN MARSHALL (policeman, B 60). I took Brown in custody, the prosecutor identified her—I afterwards took Forbes, he identified her also—she said she had nothing whatever to do with it—the prosecutor positively said that both of them were there—he said, in their presence, that they had knocked him about for some purpose, and Brown answered, "I should knock any b-man about that would try to f—me foolishly"
Brown's Defence. I met this man, and he asked if I would come home with him, I said "No," I lived too far away; a young woman lent me her room in Union-court, and I went up-stairs with him; I asked him if he wit not the man that sold liquor for Mr. Elliott without a licence; he said, "Yes;" he said, "Will you live with me?" I said, "No;" he douted my candle, and gave me a sixpenny-piece, and a piece of bad coin with a Prince of Wales' feather on it; I asked him if that was money; he took up the poker, and was going to hit me; I stood in my own defence; he threw me on the bed, and held me by my throat; Mr. Thompson came up-stairs at the same time, and told him to be quiet; he sat down again for about a quarter of an hour, and then threw me on the bed again, and put his knee in my throat; I hallooed again for Mr. Thompson, and he came up again; I hallooed "Murder!" the policeman stood at the door, and would not take the charge; he said I was big enough to take my own part; if it had not been for the help of Thompson, he would have knocked me dead; there were several other girls in the house, and he took hold of one, and said she was the girl that struck him; I only stood in my own defence; it was not the poker he was struck with, it was only a little bit of wire; he hit the table and broke it; and said he would kill anybody that came up to take my part; he would not have given me in charge, but for the sake of getting money here; he has had several cases; he sells gin without a licence, and keeps a bad house.
Forbes's Defence. As I was going up Union-court, this man had Brown on the bed; she asked me to fetch a policeman; I went down and stood at the street-door, two policemen were there; I asked them to come up, and the prosecutor came down, laid hold of me, and said I was one of the girls; I never struck him.
BROWN— GUILTY . Aged 21.
FORBES— GUILTY . Aged 18.
GUILTY . Aged 22.— Confined Six Months.
213. WILLIAM RHODES and CHARLES COOPER ; burglariously breaking and entering the dwelling-house of George Mence, with intent to steal.—2d COUNT, for burglariously breaking out of the said dwelling-house.—Other COUNTS, stating it to be the dwelling-house of Thomas Grueber and others.
MR. BALLANTINE conducted the Prosecution.
THOMAS GRUEBER . I am a partner in the firm of Dodd, Grueber and Rowsell, solicitors, of 5, Billiter-street—we are the lessees of the house, and underlet the ground-floor to the London General Pension Society—we occupy the first floor, part of the second, and an office at the back of the house. The prisoner Cooper was formerly in our service; I think he came in 1842, and was discharged about twelve months ago—I did not sleep in the house-Mr. Mence, to whom we let the upper part, does—the house is in the parish of St. Catherine Cree—on Thursday, 6th Dec, I left the office about half-past two o'clock—I went again about ten next morning, and was then told that the prisoners were in custody—I examined the premises, and found the door into the clerk's office had been broken open—in the second desk in that office, belonging to one of our confidential clerks, was kept the key of the iron safe and cash-box—the cash-box was kept in the safe-Cooper would know that—I saw marks on the desk which corresponded with a jemmy that was shown me by the police—the other desk was not tried at all—I examined a closet under the stairs, and found a quantity of torn envelopes and papers there—the cupboard was large enough to hold two persons, if they wanted to conceal themselves—there was a little bit of string inside, apparently made from a piece of cocoa-nut matting, so that they could open or close the cupboard-door from the inside—I examined the staircase, and found that the persons got into the cupboard by putting their feet on a leaden water-pipe which runs along there.
Cross-examined by MR. CLARKSON. Q. Did you find anything denoting that anybody had got into the closet by means of the pipe? A. The pipe bore footmarks—any person could get into the cupboard without any difficulty from that pipe—it comes nearly flush with the door—the inner door is never open in the day-time, unless anybody leaves it open on coming in—the outer one is always open—no one belonging to the firm sleeps in the house—there was no breaking of the outer door—there is no door for Mr. Mence; the same door leads to all the floors—the clerk's office door on the first floor was broken open—after the clerks leave, the housekeeper locks up; she is not here.
MR. BALLANTINE. Q. There is an outer door and then an inner door, leading to the chambers in the house? A. Yes, the cupboard is on the staircase—I left two of the clerks there, to the best of my recollection, on 6th Dec—the office-door was broken—the policeman produced an instrument to me which fitted it—it was quite clear the door had been broken open.
GEORGE MENCE . I am secretary to the London General Pension Society, and occupy a portion of 5, Billiter-street, as tenant to Messrs. Dodds and Co. The Pennion Society occupies the ground-floor, and I occupy a part of the second, and the whole of the upper part On 6th Dec. I went to bed at twenty minutes to one o'clock in the morning—the house was then quite safe—the inner office door was closed—about half-past two in the morning, I was awoke by a loud noise which appeared to come from the first floor—I lighted a candle, and went out to the landing, and called to my servants; I thought the noise came from them—I called out very loud; I awoke them; they answered so as to convince me that they were not the cause of the noise—I then called out, "Take care; there are persons in the house who ought not to be," and I called out very loud indeed twice, "I am coming down; I am coming down"—I then ran to the bed-room window in front of the house, and shouted "Police!" as loud as I could—I then heard what appeared to me to be the street door open, and I saw two men run from it towards the top of the street; one appeared to run from the house, and the other to run under the eave of the house—I was only able to see them, not to identify them—I observed the one who ran on the other side had a lighter coat than the other—when I went down stairs I found the front room first floor door lock forcibly broken—that was the door I had seen safe at half-past twelve—part of the wood was splintered, and the bolt of the lock remained as if locked—when I went round the house, the cupboard was shut, and after the alarm it was open—when I went down, I let in the policeman.
Cooper. Q. How many times did you call "Police?" A. I should say at least a dozen times—the police came before I had called half-a-dozen times.
Cross-examined. Do you mean to swear you heard the opening or shutting of the door? A. I do not—I did not. see any one in the house—the outer door is open during the day, except on Sundays—I have nothing to do with Messrs. Dodd's office.
MR. BALLANTINE. Q. Was the outer door open or shut when you went to bed? A. Shut, and the private staircase door, and also the door which was afterwards broken.
JOHN SMITH (City-policeman, 611). On Friday morning, 7th Dec., I was on duty in Leadenhall-street, and at a quarter to three heard a cry of" Police!" from 5, Billiter-street—I ran towards the house, and when I came within sight of it, I saw the two prisoners rush out from the door of No. 5—they stood for a few seconds until I crossed near them, and Cooper went to the opposite side—Rhodes stood still—I thought to secure him, and he made a side bounce out of the centre, and they both started off towards Leadenhall-street—there is a gas-light over the house-door—I have not the shadow of a doubt that they are the persons—I tried to catch both, and called "Stop thief!"—I met Sergeant Tregaskis at Leadenhall-street, and the prisoners were secured—I saw Rhodes taken; I am sure he is the person—I saw Cooper at the station afterwards—I searched Rhodes, and found on him a box of lucifers, a file, a bunch of small keys, a George the Second coin, a little bottle containing oil—I knew Cooper directly he was brought in.
Cross-examined. Q. Was it dark? A. No; the gas lamp gave sufficient light for me to see them—it is not a foot from the door—it is my belief that they rushed from the house, from the rush that they came from the door—I lost them both—Rhodes was secured in less than three minutes—I had never seen him before to my knowledge—I did not turn on my bull's eye, there was no need—I was within three yards of the door, when they started off—when I first saw the rush, I was fifteen or not more than twenty yards from it.
MR. BALLANTINE. Q. Whether you saw them come out of the house or not, are you sure you saw them come from the door? A. Yes; if they were standing at the door, they could not have come with such force as they did—the lamp enabled me to see very well.
Cooper. Q. You say I was crossing towards Leadenhall-street? A. At you got down to Leadenhall-street the sergeant approached you—you made an attempt to run up towards Aldgate-pump, and then you came round again, and be pursued you—I took notice of you, for I followed, and you had on a dark brown or green coat; I will not swear exactly to the colour.
WILLIAM BURGESS (City-policeman, 670). I heard a cry of "Police!" and took Rhodes—he was concealing himself in a dark gateway—he said, "What do you take me for?—I said, "Wait until the other officer comes up, and you will see"—he was taken to the station and searched.
WILLIAM PICKERING TREGASKIS (City police-sergeant, 48). On 7th Dec., about a quarter to three o'clock, I was near to Billiter-street, heard a cry of "Police!" and ran to the corner of that street—I then saw Smith in the act of stopping two men—I observed those two men, but was not near enough to see their faces—I saw one of them get away—he made a feint as if to go down Leadenhall-street towards Aldgate-pump—I ran across, thinking to take him before he got into Leadenhall-street, and he made a curve and ran towards St. Mary Axe into Lime-street—just after he had passed Leaden hall-place, I observed by the motion of his body that he threw something away, and heard something—he was stopped by Chambers, and it was the prisoner Cooper—I went back and searched, with another constable, and he said, just before me, "Here it is, sergeant," and picked up this dark lanthorn—it was quite warm—this jemmy and I chisel were given me by a boy—about three o'clock I went to 5, Billiter-street, and fitted it—there were marks on the desk made by it, and on the I door, and on this piece of wood which I have brought away—the door I appears to have been broken from the outside—if a person had been concealed in the cupboard, he would have got to the inner door by coming out of the cupboard, and going up one flight of stairs on to the first-floor—I have been in the police nine years—oil and lucifers are things persons would use in transactions of this kind—I found neither lucifers or oil on Cooper—Cooper's coat was covered with lime, so as to give it a light appearance—the cupboard bore marks of having been rubbed against, and on the paper in the cupboard there were visible marks of the seats of two persons, and their shoes bore marks of whitewash—in the morning, I examined about a handfull of dust which had been swept up, and among it I found two matches which exactly corresponded with those I found on Phillips—I have them here—there were no matches in the house of the kind.
MR. CLARKSON submitted that the part of the house that was broken, was not the dwelling-house of either party stated in the indictment, Mr. Mence having nothing to do with that portion, and no person on behalf of Messrs. Dodd dwelling there—nor was there any proof of breaking out. MR. BALLANTINE contended that it was not necessary to show that the part broken belonged to w party dwelling in the house; but that proof of one of the parties dwelling there was sufficient. THE COMMON SERJEANT was of opinion that although then might not be proof to support the charge of breaking into the dwelling house of Messrs. Dodd, yet as the prisoners were proved to have broken into
the house in which Mr. Mence dwelt, that would be quite sufficient to make the dwelling-house his for this purpose, although the part actually broken might not be in his occupation.
Cooper's Defence. I was passing down the New Kent-road, when a friend of mine, or rather a young man asked me to take care of a brown paper parcel; he gave it me. I went on to an ale-house near the Elephant and Castle, and then undid the paper, and not until then did I know that it contained these keys; I had an appointment with my brother in Whitechapel-road which detained me till late, and on my way through Billiter-street, I heard cries of "Police!" having these keys on me, I certainly ran, fearing if they were found on me, I should get into trouble; in justice to the other prisoner, I must say, that until this moment I never saw him.
RHODES— GUILTY .* Aged 24.— Transported for Seven Years.
COOPER— GUILTY .* Aged 22.— Transported for Ten Years.
NEW COURT.—Tuesday, December 18th, 1849.
PRESENT—Sir JOHN KEY, Bart., Ald.; Sir GEORGB CARROLL, Knt. Aid.; Mr. Ald. CARDKN; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Sixth Jury.
GUILTY . Aged 16.— Confined Four Months.
DEAN pleaded GUILTY . Aged 19.— Confined Twelve Months.
WINTER pleaded GUILTY . Aged 20.— Confined Six Months.
GUYON pleaded GUILTY . Aged 61.
SPRINGFIELD pleaded GUILTY . Aged 29.
Confined Twelve months
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JAMES SHORT . I am barman to Mr. Beeson, of the Bricklayers' Arms, Collingwood-street, Mile-end. On 27th Nov. the prisoner came, with two females—he called for a quartern of gin, which came to 4d.—he put me down a counterfeit sixpence—I bent it with my teeth, told him it was bad, gave it him back, and said he gave me a bad one three weeks ago; to which he made no reply, but gave it to one of the females whom he called his mistress, who paid me for the gin in copper—they all went away together—the prisoner came back in about half an hour—he called for another quartern of the best gin in one of Mr. Beeson's own bottles—I gave it him, and he said, "That will come to sixpence, will it not?"—I said, "Yes"—he put down another counterfeit sixpence—I gave him to the policeman, marked the sixpence, gave it him, and gave the prisoner into custody.
JOHN BIRAND (policeman, K 117). On 27th Nov. Mr. Short made a communication to me, and I watched the prisoner and the two women—I heard the prisoner say he would have some to night—he went to the Lord Collingwood, and came out, and returned to Beeson's—I followed him, and heard Mr. Short say, "This is another bad sixpence"—I took the prisoner; my brother constable searched him, and found on him four other sixpences in my presence—this is the sixpence I received from Mr. Short.
Prisoners Defence. I found them in Hoxton; I did not know they were bad.
GUILTY . Aged 35.— Confined Twelve Months.
FREDERICK DEATH . I am in partnership with James Shoolbred and another. The prisoner was in our employ—in consequence of something I heard, I desired him, on 5th Dec, about eight o'clock in the evening, to go into a private room—Mr. Shoolbred asked him there what he had to say about the lace sleeves that he had taken from the lace department—he said they were in the drawer—Mr. Shoolbred told his son to search him—the prisoner then pulled out these two pairs of lace sleeves (produced) from his trowsers-pocket—they are our property—we gave him into custody.
Prisoner's Defence. I had an order from a friend for them; I went to the lace-counter, took the cuffs, and said to a young man, "I had an order for these cuffs; I forgot to send them during the day, I will take two pair to show, and will bring them back in the morning by the first delivery, or will pay for them."
PHILIP PERK . I am assistant to the prosecutors in the lace-department. On 5th Dec, the prisoner came and asked me for the lace-sleeves—he said he was going to send them on approbation—I asked him if they were likely to be kept; he said they were—I let him have them—I mentioned it to another young man, and he mentioned it to the firm—at night the prisoner was called in—he said he had them in his drawer, but they were on him—that is not the usual way for sending out goods.
NOT GUILTY .
GEORGE RADBURN . I am a coal-merchant at Hammersmith. I bad a barge called the Elizabeth lying off my place on 8th Dec, she was moored in the Thames, and had coals on board—I had requested my man to give information to the police—I have since seen the coals which the policeman has produced—I should say they are the same sort that I had, but I cannot swear it.
Cross-examined by MR. HORRY. Q. The tide was out at that time? A. Yes; poor people go and pick up coals—the prisoner lived at Hammersmith—I know nothing of him—I have not compared these coals, I have scarcely looked at them.
saw the prisoner go to it and take coals from it—he put them in his hat and walked away with them—I followed and overtook him, and asked what he had got?—he said, "A few coals"—I asked how he got them—he said be took them off the shore—I said it was wrong, he took them off the barge—he begged me to let him take them back—I said I could not, I most take him—in going to the station, he said he was sorry for it.
Cross-examined. Q. How far were you off? A. Perhaps twenty or thirty yards, it was not fifty—this was a little before six o'clock in the morning—it was a wet morning—I saw the prisoner come from the barge—I do sot know that he was watching a barge of coals himself—I did not see him pick up coals off the sand—the barge was nearly five feet high—it was on shore and the prisoner was by the side of it.
GEORGE RADBURN re-examined. About thirty-five tons of coals were in theiarge—it holds fifty tons—the end rooms were piled up with coals—it was empty in the middle—I dare say the coals were a foot high above the barge—the side of the barge is five feet high exactly—the gunwale is about eleven inches wide.
(The prisoner received a good character.)
GUILTY . Aged 39.—Recommended to mercy by the Jury.— Confined One Month.
MR. CARTER conducted the Prosecution.
GEORGE HENRY WRIGGLESFORD (police-sergeant, T 26). On 9th Dec, Mr. Jordan sent for me, and I and Gifford secreted ourselves early in the morning in a bed-room—we had a full view of the barn and other buildings—we continued there till twelve o'clock, after Mr. Jordan was gone to chapel, when I saw Newell leave the stable, and go into a hen-house attached to the barn—after he had been there some time, Day followed him with a sack under his arm—they then came out, looked about, and then Day went to the barn-door, and received a sack from Newell—he then crossed into the rickyard, and threw it into a cart—I took him in custody—this is the sack, it contained two bushels and a half of wheat.
WILLIAM JORDAN. I am a farmer of Stan well. The prisoners have been in my service fifteen months—Day had I 1s. a week, the best wages that are given—I used to entrust him to go to London with straw, purchase dung with the money, and bring back the balance—I never authorised either of them to dispose of any wheat—the hen-house adjoins the barn, there is no regular door between them—a party must get through a hole, or pull part of the boarding down—I have missed corn several times—it is very injurious to give wheat to horses—my foreman alone is authorized to deliver the proper food—I never gave the prisoners authority to take any wheat—the barn-door was locked, but could be opened from the inside.
Cross-examined by MR. BALLANTINE. Q. How much had Newell? A. 6s. 6d. a week, and five guineas at Michaelmas—he was under team-carter, hut was not subject to Day in any way—the wheat was in the chaff, and worth 15s.—I believe it to be mine; I swear to the sack.
Day's Defence. I did not intend to steal it, only to soak it.
DAY— GUILTY . Aged 38.— Confined Three Months.
NEWELL— GUILTY . Aged 18.—Recommended to mercy by the Jury.— Confined One Month.
GEORGE LANGDON (policeman, N 265). On Saturday evening, 1st Dec., between six and seven o'clock, I saw the prisoners standing in a gateway leading into Mr. Wilson's premises—they disappeared, and I went up to the gate, and saw them coming out of the hen-house together—Williams had a fowl under his arm in a bag—he gave it to Harwood who dropped it—I picked it up and took Williams—I afterwards took Harwood at his house—he said he knew nothing about it.
Williams's Defence. A man gave us the fowl to take to 2, Wandsworth-road, and said he would give us 2d.
HARWOOD— NOT GUILTY .
WILLIAMS— GUILTY . Aged 15.— Confined Six Months.
MR. PAYNE conducted the Prosecution.
WILLIAM RUSSELL. I am assistant to Messrs. Lewis and Allenby, silk-mercers, of Regent-street. On Saturday evening, 8th Dec, about half-past nine o'clock, I was in Hyde-park, returning home from Knightsbridge—I stopped at a public watering-place—the prisoner was there—he said, "It is a very fine night"—I said, "Yes," or nodded assent; nothing more—I left the place immediately and went straight in the direction of Stanhope-gate, which is my straight road home—I found the prisoner following me, and walked very fast, and turned a different way to what he was going, but still saw him following me—I then abruptly crossed the road in a dirty part, to get rid of him, but perceived him still near me—he made two or three remarks as to the closing of the park and the state of the weather—I did not answer him—I had intended crossing Hyde-park, but being dark I did not—I was inside the park, but kept along the light side where the lamps are—I found him still close to me pressing his remarks, I turned suddenly round—he then firmly laid hold of me in the most indecent manner, and said, "I can see you are a gentleman; you must give me some money; you must give me two sovereigns, or I will make a charge against you"—my flap was buttoned up—he said I must pawn my watch—being naturally timid, I became very much alarmed, and having heard of several persons being stopped, I ran across the road, the prisoner still retaining his hold—I then shouted out "Police!" and had hardly done so the third time before two policemen came, and I gave him in charge—I did not lay hold of him, except to keep him off—he could not have seen that I had a watch, unless it was when I was in the place.
Cross-examined by MR. ROBINSON. Q. Where were you when you first saw
him? A. Very near Apsley-house; within fifty yards of Hyde-park Corner—I was going up the drive by the side of Park-lane—the nearest way was straight across the Park—I had not gone to Knightsbridge for any express purpose that night—business calls me there three parts of my time—I bad gone out on my own business—I always take an hour's walk after the shop closes—I left home at nine—I had intended going down to Brompton, but not feeling very well, I turned to come across the Park, the nearest way home—I did not get three hundred yards from Hyde-park Corner—I walked perhaps 100 yards with the prisoner by my side—I had got 500 yards from the Achilles, more than quarter of a mile—I was much further from the Stanhope-gate—if I had gone far enough, I should have come to it, on the right hand side—I took the left of the watering-place to avoid going the sweep round Apsley-house and save the distance, and avoid going into the dark part—I changed my route when I saw the prisoner at my heels, crossed the road, and went to the left, but only the width of the road—I had intended going out at Stanhope-gate—it is the first gate you come to going up Park-lane from Piccadilly—I had got three or four hundred yards from the watering-place before I turned round—the prisoner retained his hold of my trowsers while I crossed the road—the watering-place is divided; it is for more than one person—I unbuttoned my coat there, I am positive of that—I was very much alarmed, as a young man living with us was knocked down the other night in the New-road, a more public place still—the police came not a quarter of a minute after I called out—they only occupied the time of going from one side of the road to the other.
MR. PAYNE. Q. Had you seen them before you called out? A. No; I had to call three times.
MATTHEW FRANCIS (policeman, A 41). On Saturday night at eight o'clock I heard a cry of "Police!" and found the prosecutor and prisoner about two yards apart—he charged the prisoner with indecently assaulting him, by taking hold of his person, and with trying to extort money—the prisoner threatened to give him in charge for indecently assaulting him—I looked at them both, and having seen the prisoner in the Park for the last two months, took him—he said, "Do not come near me, I have got—all down me,"and put out his arm—I examined his coat at the station, and found nothing whatever upon it—I found a small packet of rouge in his pocket such as people rub their cheeks with, a duplicate, and fivepence.
GUILTY on the Second Count. Aged 23.— Confined Two Years.
OLD COURT.—Wednesday, December 19th, 1849.
PRESENT—The Right Hon. the LORD MAYOR; MR. JUSTICE COLERIDGE; MR. BARON ROLFE; Mr. Ald. COPELAND; Mr. Ald. WILLIAM HUNTER; Mr. Ald. FINNIS; Mr. Ald. CARDEN; and EDWARD BULLOCK, Esq.
Before Edward Bullock, Esq., and the Third Jury.
224. JOHN LEES ; feloniously breaking and entering the counting-house of Henry Lewis Winter, and stealing 1 gutta-percha band, and other articles, value 6l. 15s.; his goods: having been before convicted.
GEORGE WARD . I am in the employ of Mr. Henry Lewis Winter, of 12, Artillery-place, in the parish of Shoreditch; it is his dwelling-house, I sleep there. On 28th Nov., at nine o'clock at night, I locked up the premises all
safe—I was the last person up—the place is enclosed with a wall about tea feet high—the counting-house window was hasped safely down—I got up in the morning about ten minutes to five, the counting-house window was then open, a square of glass was taken out which would enable a person to unhasp the window—I went into the counting-house and missed a gutta-percha band, some brass bearings from the cupboard in which we keep the old stores, thirty-one new files, and some bad coin which had been put away in a desk—I called in the police, and in the yard found six of the brass bearings that had been taken from the cupboard, and the files were found on the top of some deals in the yard—the prisoner worked on our premises; last April twelve months was the last time—he knew the premises—these are the things I missed (produced), they are the property of Mr. Winter.
JOHN THORP (policeman). About two o'clock in the morning of 29th Nov., I was on duty in Tabernacle-row, St. Luke's, and saw the prisoner with this gutta-percha band on his shoulder—I went up to him and asked what he had on his shoulder—he said, "Some gutta-percha"—I asked where he had got it from—he said, "From our warehouse in Shoreditch"—I then asked him where he was going to take it—he said, "To our office in the City-road"—I said, "It is rather an unusual hour for an office to be open, your statement is not satisfactory to me, you must go with me to the station"—he then said, "No, Sir; I am going to take it over the water to No. 11, Robert-street"—I took him to the station, and in one coat-pocket found six brass bearings, and in the other a chisel, a jemmy, and a life-preserver; and in his trowsen pocket, one counterfeit half-crown, and one counterfeit sixpence—I afterwards compared these two instruments with the desk at Mr. Winter's—they corresponded.
Prisoner. Q. Did not I tell you that a man asked me to carry it? A. No; you did not say if I came with you, you would show me the man who gave it you.
Prisoner's Defence. I was standing in Church-street, Shoreditch, a man came up to me and asked if I would carry these things for him as far as the Waterloo-road; I said I would; he said, "I will give you three shillings for your trouble; I will meet you in the City-road, and if not, you go on to the Waterloo-road;" as I went the policeman met me; I told him I was going to take them to the Waterloo-road; there were four persons with me at the time the man gave me the things to carry; they were up at my first hearing; the man gave me the things all together, tied up in a bundle.
ROBERT DEVEREUX (City-policeman, 154). I produce a certificate—(read—John King, Convicted, August, 1848, of larceny as servant, and confined one year)—I was present at the trial—the prisoner is the person.
GUILTY . Aged 23.— Transported for Ten Years.
Before Mr. Justice Coleridge.
225. HENRY BATHURST MONKHOUSE ; feloniously discharging loaded pistol at John Farmer Monkhouse, with intent to murder him; other Counts stating his intent to be to maim and disable, and to do grievous bodily harm.
MR. BODKIN conducted the Prosecution.
WILLIAM ANDERTON . I am a cab-driver. On 4th Oct., I was first cab on the stand in the Minories—about seven or eight o'clock, I saw the prisoner coming towards the cab—I asked if he wanted a cab—he said, yes, be wanted to go to Chiswick—I agreed to take him there for 14s., and to stop at any house on the road he wished for—he appeared at that time as though be
had been drinking—before we started, we went into a public-house—he asked me to have something to drink, and I had a glass of rum, and while I was drinking it he went into the parlour and stayed there a few minutes—I went and opened the door, and looked in, and saw he had got some silver before him on the table, and as I looked in, be put his band over it, and looked round at me—I spoke to the landlady—two or three minutes after that we started—we stopped at a great number of places on the road—I went in at most of the places and had something to drink—the prisoner had also something to drink—the last public-house we stopped at before we got to Chiswick, was at the Black Lion at the bottom of the lane on the left—I do not think he had anything to drink there—when be came out of the Black Lion he got on the box with me—he gave me no reason for that—he rode on the box with me pretty near all the way—he directed me which way to go—he told me to go round the corner to the right—we had not got a great way before he said, "Pull up, stop here"—that was at the gate of a garden, in front of a house—it was then about ten o'clock—it might be a little before or after, it was dark—I bad no light to my cab, nor was there any light at the gate that I remember—he told me to ring the bell and ask for Mr. Monkhouse, and if he was at home, to tell him there was a gentleman from town who wished to see him—I did so, a female came and opened the door—I delivered the prisoner's message—she asked me the gentleman's name—I said, "I don't know," and looked round towards the cab—he was then off the cab, and at the other side of it—the female then shut the gate and went in; she came back in about a minute or so, and said that Mr. Monkhouse said, "The gentleman must send his name"—she opened the gate, and said that loud enough for the prisoner to hear—he was then alongside of me, and he said, "I will go in, and see him myself," and he went in at the gate, and shut the gate after him—I pulled the cab closer up to the pathway to wait, and I heard the report of some fire-arms—I think I heard it twice, I could not be positive—about two or three minutes after hearing the reports, the prisoner came swaggering like out of the gate, and got on the cab, and said, "Go on to the top of the lane"—I asked him what that noise was that I heard, that I beard the report of some firearms—he said, "It is not here, there has been nothing of the sort here"—I drove to the top of the lane, and at the first public-house I came to in the main road, I pulled up to demand my fare of the prisoner—I asked him to pay me the fare; that I had brought him to Chiswick according to agreement—he said, "I want to go to the Bell, at Ealing; drive me to the Bell at Ealing, and I will give you a sovereign altogether"—I agreed to that, but I wanted him to give me half-a-sovereign before I started from there—he said, "Drive me there, and then I will pay you altogether"—I did so—I did not know my road, and inquired of a horsekeeper there—it was about three or four miles across the country, up a lane—I at last got into the high road leading from London to Ealing—as we went along, I told the prisoner to mind that he did not fall off the box—he kept rolling about a good deal as he sat on the box—he said, "I will pay you when you get there"—he repeated that several times—the prisoner said he would show me the way to Ealing—he said, "Straight on, straight on, I will show you"—pursuing that road, we came to the Bell—he went in, and asked me to have something to drink—we each had a glass of brandy—I asked him to settle with me, for it was my time to get home—he said, "I want to go to my brother's house, up this lane, drive me up there and I will pay you"—that was a lane nearly opposite the Bell—I did so—he got outside the cab again—I drove to a house on the left hand side, about threequarters
of a mile up that lane; the prisoner got down there, and I also—the prisoner rang the bell several times, I should say ten or a dozen times, and got no answer—he then told me to drive him back to the Bell, at Ealing, and then I should be paid—I took him back—he got upon the box again-when we got to the Bell, we both went in—I asked him to pay me my fare—he told the landlord to give me a sovereign—they said no, they knew better what to do with their sovereigns, that he must pay me—I said, "I don't look to the landlord, I look to you; you pay me, I want to get home"—he said, "I will pay you"—he put his hand into his pocket, and walked into the back room—during that time some one called, u Cab, cab, here!"—I looked out at the door, and saw a policeman on horseback, who came and took him into custody—I then took him from there to the station-house at Hammersmith.
Cross-examined by MR. BALLANTINE. Q. At the time he took your cab it was between seven and eight o'clock? A. Somewhere there about; I think nearer seven than eight—he appeared at that time as if he had been drinking—he did not roll about, he swaggered about a good deal like—he did not appear at all confused when he spoke to me—there was no one with him—I drove from there in the direction of Chiswick—we stopped at a great number of public-houses before we got to Chiswick; I should think twenty—he drank, I think, at all but one; sometimes rum, sometimes gin, and sometimes brandy—I recollect his having a glass of beer at one house, somewhere about half way on the road—at the Black Horse, at Knightsbridge, he left bit handkerchief—I did not notice that all this drink made much difference in him—he was like most sailors when they have had a drop to drink—he had had a great deal—I was sober, I knew perfectly what I was doing—I might have been fresh, but I was far from being drunk—I was nothing near so drunk as the prisoner was—after he came from his father's house, he was swinging about on the cab, and I cautioned him lest he should tumble—he said, "Oh! I am all right enough; I will pay you your fare; I am all right"—I thought he had a good deal of money with him when I first saw bio in the Minories—I saw some silver on the table, and be got his hand over it—I saw no gold.
ELIZABETH BAINES . I am in the service of Mr. Monkhouse, the prisoner's father. On the night of 4th Oct. I answered a ring at the bell; when I opened the gate, I found a cab there—the cab-man gave me a message—I did not at that time see any other person—I shut the gate and went to the front of the hall door, where I met my master—I delivered the message to him, and he told me to go and ask his name—I went to the gate again and opened it—I said to the cad-man that my master wished to know the gentleman's name—the cab-man hesitated for a moment, and all at once my master's second ton, the prisoner, rushed past me, and nearly knocked me down—he said, "I am a Monkhouse, and I will speak to him"—as soon as I had time to turn myself round, I saw him at the moment in front of my master, close to him-my master was still standing in front of the hall, on the threshold of the door—I saw the prisoner put his hand quickly somewhere about his breast, in front, and take something from it; I thought it was a pistol—his back was towards me—I merely saw the movement of his arm—I then saw him fire at my master; I saw the flash and heard the report—I heard a second one, and my master was just falling while the second one was going off—he was as close to him as he could possibly be—he turned round and passed me, and said, "There!"—I was so struck I could not move or do anything—I only saw him when he passed me—I never turned to look after him—I was so
frightened that I dared not go by my master, expecting he was dead—I passed the door he was at, and went in at another door—he was crawling on his hands and knees towards the front parlour—an alarm was given, and the medical man and the police were sent for.
JOHN FARMER MONKHOUSE . I reside at Chiswick, in the county of Middlesex. The prisoner is my second son—I have six children; five by my first marriage—I have a second wife, with whom I am now living; I have one child by her—on 4th Oct., I remember a ring at the bell—I went to the hall door, and remained there a short time—after Baines had given me a message, my son rushed in and shot me—I was then at the hall-door—not one word passed between us before it was done—I only heard him say he was a Monkhouse—I could not see with what weapon he shot me—I heard two reports of fire-arms; one of them took effect upon me in the throat—I fell down almost immediately; I was afterwards taken into the house—I had last seen my son about a week before this occurred—he came to my house—nothing very particular passed between us on that occasion, only I told him he should not sleep at my house that night—I was not exactly on good terms with him—he was a sailor in the merchant service—I had been in the navy in early life—I was a midshipman, and master's mate—I have quitted the service ever since 1816—the prisoner was apprenticed in the merchant service when he was between fifteen and sixteen—he is now twenty-eight.
Cross-examined. Q. Are you quite certain he is twenty-eight, or is he only twenty-six? A. Twenty-eight—his mother has been dead ever since 1831—I believe she died of brain fever—I dare say it was brain fever—I am not certain about it—she left four other children besides the prisoner—I believe one of them keeps a public-house—the prisoner could not have been only thirteen when he was apprenticed—I am surer he was more than that when be first went to sea—I think he went to sea in 1838—he went out as a common sailor—I do not know what they made of him on board ship—he was bound apprentice to learn the sea, as it is called—it might be twelve months before be returned from his first voyage, or more; I cannot exactly say—he went to sea again, still as an apprentice—he has been out of his apprenticeship for some time—since that time he has been a common sailor, I believe—I am not certain about it, either one way or the other—I do not exactly know when he came home from his last voyage—it might be three weeks before this—I do not know where he had come from—I had not heard where he had been to—he had been away about a year and a half—I had not ascertained where he was—I was never a common sailor myself—the first vessel be went in was bound for India, I believe—I do not know for certain, it is so long ago—he had been at school previous, at Mr. Hawe's, Burlington-house, Hammersmith, that is a school for young gentlemen—his mother was a gentlewoman—I believe she was not a woman of fortune—I had seen my ion about a week before this occurred; that was in the evening, it might be about six o'clock—he wanted to sleep at my house; I declined allowing him to do so, and he went away—he was apparently sober then.
COURT. Q. Did you state your reason for not letting him sleep there? A. No; yes, I beg your pardon, I did, because I thought he ought to have written a letter of apology for his conduct to me previous to his going to sea the last time.
MR. BODKIN. Q. Just tell me any reason you gave him at the time? A I did not give any reason at all, that I know of, not a word—I said he should not sleep at my house because he had not written an apology for his
conduct prior to his going to sea the last time—(looking at a paper) this hat been in my custody ever since he was bound apprentice—my signature is to it—I read the paper at the time I signed it-looking at this I should say he was between sixteen and seventeen when he was bound—my first wife had some small property—I derived the property I am now in possession of from my grandfather.
HENRY REASON (policeman, T 247). On Thursday night, 4th Oct. in consequence of a complaint made to me, I went to the Bell, at Ealing, and found the prisoner there—I think I got there at near twelve o'clock—found him in a room on the left hand—I do not know whether it was the parlour or not—he was walking up and down the room—I think there was another person there—I do not know who he was—I asked the prisoner if his name was Monkhouse—he said it was not—I then said, "I suspect you are the man I want; I shall take you to the station"—he asked me what I wanted of him—I again asked him if his name was Monkhouse—he said, "No," and I took him to the station—as I was going out of the door I met another constable, and we led him between us, walking, to the station, which was about fifty yards—he had been drinking a great deal—when we got to the station we searched him, and found this pistol, which was unscrewed, and one barrel in his coat-pocket; and these bullets I found in his waistcoat-pocket, and a small quantity of powder, and a dozen and a half of copper caps in his breast-pocket—I tried the bullets to the pistol, and they fitted—on Sunday, the 7th, from information, I went to Ealing, and received this other pistol, and this powder and flask, from Mr. Williams, the landlord of the Bell—I think the two pistols are fellows—they are both percussion—the barrel I found on him appeared as if it had been recently discharged—when I searched him I found some papers belonging to some vessel, with his name on them, and I then said, "I see your name is Monkhouse; I shall take you now to Hammersmith Police-court;" and I took him there—while this was going on at the station, he said if he had a brace of loaded pistols he would blow his own brains out.
WILLIAM WILLIAMS . I keep the Bell, at Ealing. I know the prisoner by seeing him, but am not acquainted with him—on 4th Oct. he came to my house, about eleven o'clock at night, and went into the kitchen where I was—no one came with him—he said nothing, but pulled two pistols from his pocket, and a small portion of powder, and laid them on the table—I took I them, and put them into the drawer—I said nothing, nor did he—after that I was called to the bar, and when I returned he had one of the pistols in his I hand—I said, "Fray do not get those things out in a room like this, fork I is very improper for you to be handling them about," not knowing what I state he might be in—I was then called out again, and met Reason—he went into the room where the prisoner was—I afterwards went in again, and I Reason then had him in custody—I afterwards gave Reason the pistol that I was in the drawer, and the powder which the prisoner had brought—the I prisoner did not sit down at all—he appeared to be very much excited.
Cross-examined. Q. Did he walk up and down the room? A. Merely I stepped about the room; I did not notice his eyes particularly—he appeared I rather wild, and in a state of excitement.
THOMAS WILLIAM CHAMBERLAIN PERFECT . I am a surgeon, residing at Hammersmith. On 4th Oct., about half-past ten at night, I was called I to Mr. Monkhouse—I saw him immediately—he lives a very short distance I from my house—I found him in a state that a person suffering under a gunshot
wound generally is; faint and trembling—I expected he would die in a few minutes—he was standing in an upright posture, supported by Mrs. Monkhouse and the servant, who was holding a bason to his mouth, out of which issued a great deal of blood—I undid the collar of his shirt, and there found a gun-shot wound with a very large blackened surface—he was coughing and vomiting blood at the same time—the ball appeared to have entered at the front of the neck, passed through the handkerchief which I produce, and which has a horse-hair pad to it, which no doubt deadened the action of the ball in the first instance; it would probably have perforated the trachea, but the stiffening of the stock appeared to have turned it on one side, and it went upwards—it appeared to have been fired at a considerable altitude, at an angle I should say of forty degrees at least, and after striking on the trachea, it went through the membraneous portion of the aesophagus into the cavity of the throat, at the back of the mouth; it must have struck against the basis of the skull or the cervical vertebrae, because it went in at an elevation, but came out downwards—it bad met with some considerable obstruction—it went in directly in front of the neck and upwards—what obstruction it met with I do not know, but it came out on the collar-bone—it must have passed between the carotid internal and external, because it did not cut either, or else he would have bled to death—it met with some resistance, which in my judgment altered its course—there was a distance of five inches between the two openings—it was a dangerous wound, I did not expect he would have lived the night out—I got his clothes off, and found the bullet, which I produce, at the posterior opening—from the blackening round the neck, I conclude it had been burnt by the explosion of a pistol or gun—I should say the weapon could not have been more than two feet from him, at the time it was fired—I am not the regular medical attendant of the family.
MR. HALFORD. I am a surgeon, and attend Mr. Monkhouse's family. I took charge of Mr. Monkhouse, in conjunction with my partner, Mr. Bowling, after Mr. Perfect—I saw him about eleven o'clock, and found him wounded in the manner Mr. Perfect has described—in my judgment it was a dangerous wound—I continued to attend him for about a month—he is now quite recovered, except that his voice is more hoarse than it was before.
Cross-examined. Q. Did you at any time attend him for delirium tremens? A. I did not; I believe my partner did, about fifteen years ago.
MR. BALLANTINE called the following witnesses.
FRANCIS TILLET MONKHOUSE . I am the prisoner's younger brother, and live at 83, East Smithfield. I cannot say whether I saw him on 3d Oct.—I saw him on the 4th, about three o'clock in the afternoon—I went with him to a fishmonger's, and he had some oysters, and bread and butter—we stayed there I should say half an hour, during that time he was most curious in his manners—he attended to every customer that came—he made observations at the people that were passing, and stopped at the shop—we went from thence to many public-houses—he had brandy to drink the whole time—I should say he had at least twelve or fourteen glasses—he bad no water to it—I tried to restrain him, that was why I went with him from house to house—he appeared quite intoxicated—he went up to a man who was eating something in the street, and offered to give him something to drink—this continued until about five or half-past—I recommended him to take some tea to counteract the effects of the liquor, and we went into a coffee-house for that purpose—while it was getting ready he put his hand to his head, and complained severely of feeling a great swimming, and he fell immediately
on the table, with his hands and head together—he seemed to be quite in a state of stupor—when the tea came I awoke him, and the blood rushed to his face, and his face was a deep crimson, so much so that I felt quite terrified, and asked what was the matter with him—after that we went out of the house, he staggered—I asked him to come and have part of my bed-as we went along we came to the Three Tuns public-house—he said he was going to sleep there, and so got rid of me; it was about half-past five when I left him—at that time he was quite intoxicated, extremely so.
LOUIS SOLOMONS . I am an outfitter, in East Smithfield. I have known the prisoner some time, and have supplied him with outfits—on the evening of 4th Oct. last, he purchased a cap of me—he was then the same as I ever saw him before, he was sober—I believe that was about half-past six o'clock—I saw him again about seven, he was then intoxicated, and I advised bin to go to his lodging—he appeared very violent in his manner, and very much I excited—I saw him again afterwards—he came to my shop and called me I by name; I turned round and he presented a pistol at my head—he let I it off—it was not loaded—that was about half-past seven to the best of my I knowledge—I cannot say exactly.
Cross-examined by MR. BODKIN. Q. Did you notice whether it was a I percussion-pistol? A. I did not; I did not hear any cap explode, only I the snap of the pistol—I cannot say whether it was a pistol like this; I did I not take any notice.
HENRY THOMAS POWELL . I am an ornamental-painter, of the Borough. I saw the prisoner, on the evening of 4th Oct., at the Black Horse, in Wells-street, about dusk—I have known him several years—I offered to shake I hands with him, and found him in a very excited state—he had a pistol, I which he waved over my head several times—he was very violent—I caught I hold of his arm, and tried to persuade him to be a little reasonable—he I stayed there about ten minutes or a quarter of an hour—we both had a glass I of ginger-brandy at the bar—he had it neat.
Cross-examined. Q. You each bad one glass? Yes; it was about I five o'clock, as near as possible—the Black Horse is about six or seven I minutes' walk from East Smithfield—he went out, and left me there—he paid I for what we had—he came alone.
RICHMOND BROWN . I am a painter and paper-hanger, at Knightebridge I was at Mr. Frearson's, the White Horse, at Knightsbridge, on the night of 4th Oct., and saw the prisoner come there with a cabman—I had frequently seen him before—he was intoxicated, and rolling about—he rolled J out of the house, conducted by the cabman—he left his handkerchief I behind—the landlady offered it to him several times, and he would not take I it—he did not appear to know what he was about.
Cross-examined. Q. Did he appear to be acquainted with the landlady? A. Yes; they had known each other several years.
WILLIAM WATSON . I am gardener to Mr. Atkinson, of Ealing. On the night of 4th Oct. the prisoner came to Castlebar-lodge with a caiman—he was staggering about in the road—he said he was brother to Mr. Monkhouse—he or the cabman pulled the bell two or three times—I went, and opened the gate, and said, "You can get in here"—he said, "Where?" and staggered in—he said, "Stand out of the way, for here is a loaded pistol"—he pulled it out of his pocket, or the waistband of his trowsers—I was notm I his way, but I hardly opened the gate wide enough for him to go through—he went up to the house, and a few minutes after the cabman came up to the gate—it was between ten and eleven o'clock.
COURT. Q. Is there a Mr. Monkhouse living there? A. Tea; it was the gate of his house that I opened.
FRANCIS FARNDEN . I live at 13, Neville's-road, Turnham-green, and am a carman. On the night in question I was in the tap-room of the Coach and Horses, at Turnham-green, between half-past nine and ten o'clock—the prisoner came in—there was a little fire in the room—he turned himself round to the fire-place as I was going out of the room, and when I came in again he presented a pistol at roe, and asked if I was afraid of it—I told him I was not—he turned it over a few times in his hand, looked at it, and put it back again into his pocket—I cannot tell whether there was a cap on it at that time—a short time after he pulled out that, or another pistol, and pulled the cock back, and I then perceived a percussion cap on the nipple—he turned it about—I told him it was not a fit place for such weapons, and he turned the hammer down on the nipple again, turned it about, and looked at it, and put it into his pocket—I should think he must have been drunk, by the ways of him, or something of the kind—he seemed very queer, and looked very wild about the eyes at the time.
WILLIAM ARGENT . I keep the Red Lion, at Ealing. On the night of 4th Oct., about twenty minutes to eleven o'clock, the prisoner came there—he had 3d.-worth of brandy, and the cabman 2d-worth of gin, which they drank on the box—I did not observe anything particular about the prisoner then—after he had drank it he jumped off the box, and ran into the house to pay for it, and there turned the contents of his pocket out on the counter—he appeared to be very much excited, and very agitated, looking round in all directions.
(Robert Monkhouse Piper, Esq., the prisoner's uncle, deposed to his good character for humanity and kindness.)
GUILTY on the COUNTS charging the intent to do grievous bodily harm.—Strongly recommended to mercy by the Jury, the act being done whilst labouring under the excitement caused by drink. — Transported for Fifteen Years.
Before Mr. Baron Rolfe.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JOSEPH THOMPSON (police-sergeant, F 11). On 4th Dec, about six o'clock in the evening, in consequence of information, I stationed myself on the roof of the Model Lodging-house, Charles-street, Drury-lane, from whence I had a view of the front room of No. 48, on the other side of the street—there was a candle on the table—I saw the prisoner blowing the fire—I went again next evening, and saw the prisoner sitting at the side of the table with something like a mould in her hand—she took something like a small bowl from the fire, and poured something like metal into the mould in two places—she held it in her hand a few seconds, opened the mould, and turned out on the table what appeared to me to be two shillings—I saw her do that perhaps a dozen times, or more—two men and another woman, in a cloak and bonnet, were in the room—one man took something, and appeared to scour it, and then sent it across the table to another man, who appeared to file it, by the movements of his arm—one of the men then went to this pot (a galvanic battery)—when they had done a certain quantity, and counted them over one man, who was without his coat, gave the other, who wore a cap, some money, two pieces, or more—he handed them over to the woman in the bonnet, who put them into a basket, I believe; I could not exactly see, but she had a basket—the man without the coat turned the money over, and put it into his left-hand trowsers'-pocket—he appeared to me as if he had
purchased them—the woman in the bonnet and shawl, and the man in the cap, left the room—the prisoner stayed, still going on with the same process—in a few minutes the man without the coat turned down his shirt-sleeves, buttoned up his clothes, and went out of the room—he returned in a very few minutes, pulled off his coat, and sat down by the side of the table, and commenced rubbing some of the coin—I then left the parapet—I was gone about ten or twelve minutes, and returned with several officers and a ladder, which I rose to the window I had been watching—I went up first with a crow-bar—the prisoner was sitting at the side of the table with something in her hand like a mould—I forced open the window, and sprung into the room—she jumped up, threw down this mould (produced), with a piece of cloth round it, and two sixpences in it, and screamed out—the man was not there—she came towards me to shove me, I suppose, but I got into the room, and was followed by Sergeants West and Dunston—I dragged her from the fireplace to the table, and gave her into Dunston's custody—there was a bright fire, on which was this spoon, with white metal in it, in a fluid state—on the hob I found two moulds, one with two impressions of shillings, and one for half-crowns—on the table were twenty-three sixpences, and two in the mould she threw down; also this electrotype-battery, this spoon, and part of another spoon, this acid in a bottle, these thin pieces of silver, a piece of glass, which has the appearance of a mould of two sixpences having been made on it, and these six pieces of timber, which screw together over the door, and it was shored up at the bottom; it would be impossible to get in; it was not screwed then—it is a frame made the exact height of the room, and pieces to go across (produced)—I asked her where the Doctor was—she said she knew nothing about any doctor; no one lived there but her—one of the men I had seen in the room goes by the name of the Doctor—I knew him before.
Prisoner. He said he saw a woman in a bonnet and cloak, and now he says it was a bonnet and shawl; the whole of your evidence is false. Witness. I believe it was a shawl, but it was very dark—(the witness's deposition being read agreed with his present evidence.)
WILLIAM WEST (police-sergeant, V 7). I accompanied sergeant Thompson and Dunston—we waited in Park-street—Thompson joined us, and we went to 48, Charles-street, and raised the ladder—I followed Thompson in at the second-floor window—Dunston was behind me—Thompson took the prisoner and delivered her to Dunston—I found this saucepan with white metal in it, cold—it had been melted—these five or six files were on the table—two of them have white metal on the teeth—I found some whitening on the mantleshelf, in a piece of paper, with a tooth-brush without a handle, in it.
IRA DUNSTON (policeman, V 53). I got in at the window last—I found this white pot containing plaister of Paris, a teacup containing a small quantity of sand and water, and five counterfeit half-crowns of the same year as the moulds produced—the prisoner was given into my custody—I took her away.
Prisoner. You are not the man who had me, it was a much taller man; he used me most shamefully, and laid my head open with an iron crow-bar; here is the mark on my eye now; he threw me on the bed, and said, "Gag her," and you two know the man, and said, "Don't ill use her so." Witness. I know nothing of it—I did not know that you were beaten—I did not see blood flowing from your head as I took you to the station.
JOSEPH THOMPSON re-examined. She was so violent it took Dunston and another man to hold her—they said they would gag her if she was not quiet—she kept calling for water—we gave her some—she said she was
going to have a fit in a minute—I did not tee Dunston strike her—I hit her on the head with a bar as I got into the room, because she tried to push me out of the window when I was on the ladder—the other man was a constable of the A division—I do not know his number—he came in at the door—I can find him in a minute.
JOHN RICHARDS . I am agent to Charles Paternoster, the landlord of 48, Charles-street, Drury-lane. I live there—on 16th Nov. I let the prisoner the room, which has been spoken of, No. 6—she went by the name of Polly Firelock—she paid 3s. 6d. a week; 7d. nightly, and nothing on Sunday—she always paid me—before that, she lived in No. 6 room of 2, Smith's-court.
Prisoner. Q. You did not see my door screwed up in this manner? A. No; but I was only in the room once—the timber was then on the floor—that was on the 18th, two days after you came.
WILLIAM WEBSTER . I am inspector of counterfeit coin to the Mint. This sixpence of William IV.; 1834, and of Victoria, 1844, were cast in this mould, with the cloth round it—here are twenty-three sixpences from it—here are two unfinished, with the get on them'—the one mould serves for the two different sixpences—here is a mould for half-crowns—in my judgment these five half-crowns were cast in it—here is another mould for a shilling of George III. and William IV.; but there are no impressions from it—the coins are all Britannia metal—this part of a spoon and this melted metal are Britannia metal—I do not understand the battery—these files, sand, and plaister of Paris, are all useful in the preparation of counterfeit coin.
Prisoner's Defence. Thompson's evidence is quite false; I had quarrelled and fought with a woman, and she said she would do for me on another day; on the Monday night before I was taken I was very tipsy, and was standing at the corner of Charles-street, when Tom Ansell, whom she lives with, who makes and passes this sort of money, said, "I will transport you for ten or fifteen years, and will get 2l. 10s. for doing it;" on the Tuesday I was very ill from the drink; I went out with a woman to pledge a pair of boots; when I came back I found the coins put on my table, and the window went up, and I was knocked down, and struck with an iron crow-bar, and handcuffed; I was tipsy on the Monday when Thompson says he saw me making the coin; I saw Thompson take out his handkerchief with something in it, wipe his face with it, and lay something on the table; he pulled the moulds from his pocket, ran to the fire, and said, "I have got the moulds, hurrah!" ten of them; they have put in all they found deficient.
GUILTY . Aged 20.— Transported for Ten Years.
NEW COURT.—Wednesday, December 19th, 1849.
PRESENT—Sir JOHN KEY, Bart., Ald; Mr. Ald. WILLIAM HUNTER; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 33.— Confined Nine Months.
GUILTY . Aged 20.— Confined Six Months.
GUILTY . Aged 23.— Confined Three Months.
TAPLING pleaded GUILTY . Aged 38.— Confined One Year.
POTTINGER pleaded GUILTY . Aged 17.— Confined Three Months.
JOHN HOWSE. I live at Uxbridge, and am a coachmaker. I saw Coxall take the handkerchief out of the prosecutor's pocket, and pass it on to Sims—I had been watching the prisoners about three moments—the handkerchief has not been found.
Coxall Q. Why did you not take me? A. Because you both ran away.
COXALL— GUILTY .** Aged 22.
SIMS— GUILTY .** Aged 22.
Transported for Seven Years.
(Stephen Masters, policeman, T 198, stated they had been fifteen or sixteen times in prison, and lived entirely by plunder.)
NOT GUILTY .
234. JOHN WRIGHT ; stealing 1 purse, value 5s.; 2 sovereigns, 1 halfcrown, 2 shillings, 2 sixpences, and 7 groats; the property of James William Winning, from the person of Mary Ann Winning: having been before convicted. MR. ROBINSON conducted the Prosecution.
ALFRED SALISBURY . I am a draper's assistant, and live at Cornwallterrace, Brixton. I was in the Borough on 10th Dec, about twenty minutes before four o'clock—I saw the prisoner; I had known him before—he got into an omnibus—I watched the omnibus in its passing over London-bridge—I saw the prisoner sitting on the right-hand of Mrs. Winning, next the door—the prisoner got out on the City side of London-bridge, went in a very hurried manner down the steps, passed under the dry arch, and made his way to Fish-street—I still kept the omnibus in sight, and at the corner of Fen-church-street I met two officers—I told them; they followed the omnibus and spoke to the lady—I went afterwards to Newington Causeway, and there the prisoner was apprehended.
Cross-examined by MR. CLARXSON. Q. What draper was it you last assisted? A. My brother; he has not been a bankrupt; he made a compromise
about six months ago—I am not aware that I have attached myself to the police as an amateur thief-taker—I have associated with the police, in hopes to get into the police—it is from necessity, not my wish—I do not know that I have been practising in the profession at all—I might have said on a former occasion that I was endeavouring to get my hand in—it is a fact.
MR. ROBINSON. Q. During the time you have been practising, did you get acquainted with the prisoner? A. Yes.
MARY ANN WINNING . I am the wife of James William Winning. On 10th Dec, I got into an omnibus in the Borough—I had been in a shop there, and had used my purse—I placed it safely in my pocket on leaving the shop; it was safe on my getting into the omnibus—I merely walked from the door of the shop—I had in my purse two sovereigns, a half-crown, two or three shillings, some fourpenny-pieces, and sixpences—one of the sixpences was bent, and to the best of my belief this sixpence is mine (looking at one)—when I was in the omnibus, I saw the prisoner; he crossed me, and tangled his feet in my dress; he then placed himself close to me, and put his knees against my pocket, and placed his hat over his hands—he did not remain so many minutes—he looked me in the face, and asked to be put down at the steps at London-bridge—some one dropped a basket in the omnibus and I stooped to pick it up—my purse was in my right hand pocket, next to where the prisoner was—he got out in a hurried manner—I went on to Gracechurch-street—some policemen spoke to me—I told them of my loss.
Cross-examined. Q. You believe the sixpence is yours because it is a crooked one? A. I believe it is mine—I should not mind swearing to it—there are many bent sixpences, but this is rather a peculiar one—it was before the prisoner told the conductor to put him down, that I stooped to pick up the basket—my pocket is a slit cut in the lower part of my dress, in the usual place—there was a gentleman who got out before the prisoner did—he went through the door of a respectable office—when I was seated, my clothes would somewhat overhang the passage into the omnibus—when the prisoner entangled his foot in my dress he did not make any apology, but stared me in the face—I cannot tell whether the gentleman had sat next to me—I cannot say whether it was after the gentleman got out that the prisoner came and sat beside me.
JOSEPH PITCHER . I am the conductor of the omnibus. I recollect taking up the prisoner at the corner of the Kent-road—he got out at the steps at London-bridge—he gave me a fourpenny-piece—my fare was 3d.—it is marked up 3d.—we have 4d. fares, which are from Camberwell-green—a person getting in at the Kent-road might see that his fare would be only 3d.—there are notices on the door of the omnibus what the fares are—there are 4d. fares marked on a bill attached to the back panel.
Cross-examined. Q. Did the prisoner tell you where to set him down? A. In going over London-bridge, he told me to set him down at the steps—a gentleman got out before the prisoner, at the Brighton-railway—I did not observe whether that gentleman was sitting next to Mrs. Winning—I do not recollect what that gentleman paid—he hallooed out as we were going along, "The railway!"—we stopped, and he got out in the middle of the road.
JOHN SPITTLE (City-policeman). My attention was called to the omnibus by Salisbury—the lady gave me information, and from further information I went to Newington, and took the prisoner into custody—I told him I should take him for robbing a lady in an omnibus—he said, "When?—I said "This afternoon"—he said, "Can I see the lady?"—I said, "You will have the opportunity of doing so"—I took him to the station, and found on
him two sovereigns, one half-crown, two sixpences, and some coppers—one was this bent sixpence.
GEORGE WILD (policeman, M 94). I produce a certificate of the prisoner's former conviction at Clerkenwell—(read.—Convicted Oct., 1847, and confined four months)—the prisoner is the person, to the best of my belief.
Cross-examined. Q. Will you swear to him? A. I swear to the man—the more I see him the more I know him—I recognised him amongst seven or eight persons.
GUILTY .* Aged 26.— Transported for Ten Years.
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 26.— Confined Nine Months.
GUILTY . Aged 20.— Confined Four Months.
RICHARD SEAWARD . I keep a baker's shop, at 102, Golden-lane. On Saturday, 8th Dec, about ten o'clock at night, I heard a noise in my bed-room on the first-floor, as I was in the parlour under it—I went up-stairs, and the kitchen door was slammed in my face—I went on the leads, which are in a line with the kitchen, and found a lot of 5s. packets of coppers on the wall—I had had 6l. worth of such packets—I got them off the wall, and went to see for the thief—I found a pair of shoes by the side of the wall—I had lost my watch and the other articles stated—they have not been found.
JOHN REEVE (policeman, A 424). I went with my brother-officer and took the prisoner—he had no shoes on—I asked him how long he had had no shoes—he said for some time—we found that these shoes fitted him—he denied all knowledge of them; but in the way to the station he said they were his shoes; that he had seen a young man who had asked him if he wanted to earn a few halfpence, and he went down the passage; that the other man handed him out some coppers, and during that time he slipped and the other told him to pull his shoes off, and he did, and some of it fell, and the other said, "Hook it", and he ran off.
Prisoner's Defence. On that Saturday night 1 was half drunk, and man and I were in a public-house next door to this baker's shop; he asked me if I wanted to earn a few halfpence, and he took me down a passage and I got on the wall; the man went into the house, and brought out five or fix packets of halfpence; I slipped, and the man knocked my boots down in the skittle-ground, and said, "Hook it;" he ran away, and I went without my shoes.
GUILTY .† Aged 18.— Confined One Year.
MESSRS. CLARKSON and PAYNE conducted the Prosecution.
looking-glass maker—the prisoner came to my shop on 6th Aug., 1848—he gave the name of "C. F. Barclay and Co., West India merchants, No. 10, Maiden-lane, City;" my clerk made the entry in this book, and I made a memorandum myself in the order book—he said he was a West India merchant, that he had previously exported looking-glasses and barometers, and if we could agree in prices he could be a very good customer—he chose some barometers and looking-glasses in the shop, and I entered the order in the order book—he said he wanted them to be shipped next morning—I said, "You are a stranger, you must give reference"—he said he could give plenty, he could give a hundred references—one was "Mr. Crowther, No. 104, Bunhill-row"—he gave me three references, the others I could not find, but I went to Mr. Crowther, and he said he was a very good man, I might trust him to any amount—I took the goods myself the next day to Maiden-lane—I saw the warehouseman, and the prisoner came when he saw the cart with the goods—he said, "That is right, you have just come in time"—he said he wanted the goods to be shipped the next morning—I saw a great many empty cases, they were cases made for exportation—the prisoner came again on the 9th, he ordered more goods, which were sent to him—this is the order book in which I put down the goods myself, while the prisoner was there—the goods altogether amounted to 42l. 19s.—on the day after that I took down the last goods—I saw the prisoner, and he said he should want some more goods, and he came up and selected almost the whole of the goods that I had in my shop, amounting to 70l. or 80l.—that was on the 24th or 25th—that put me on my guard—I went the next day to No. 10, Maiden-lane to look after my money—I saw his warehouseman, but I did not see the prisoner till I saw him in custody this year—I went to his house perhaps ten or a dozen times that day—there were new cases there ready to pack.
COURT. Q. What was it induced you to let this man have these goods? A. His reference; and then I saw the house in Maiden-lane was a very respectable house—he asked for a list of prices, and then he said that he used a good many—then be gave an order for two of these, and two of those—he appeared to be a business man, trafficking to the West Indies—I would not have parted with my goods to him unless he had told me these things—I thought I should have a good customer—on 26th or 27th Aug., I saw at Bow-lane station a barometer and a looking-glass—they were part of the goods I had trusted him with.
Cross-examined by MR. ROBINSON. Q. How soon did you go to the house in Maiden-lane? A. The first order was given on the 6th Aug.; and something was said about their being shipped next day—I went to Maiden-lane on the 7th, when I took the goods—when I went with the next order following, I saw two or three small glasses there, but the large ones were gone—that was about the 9th.
WILLIAM CHILD . I am an officer attached to the Trade Protection Society—I received instructions, and inquired after the firm of Barclay and Co.—on the 25th Aug., I saw Mr. Cetta in Mr. Barclay's warehouse in Maiden-lane—I was there, and when Mr. Cetta came out I had some conversation with him—the next morning I went to Mr. Cetta's place—I returned to Maiden-lane, and watched there about a quarter of an hour—I saw the warehouseman come out with a looking-glass and barometer, wrapped up in a shawl—I had been watching the premises three or four
days—I had seen that man in the shop acting as warehouseman, and he told me he was warehouseman—I saw him for hours in the warehouse-when he brought the goods out, I stopped him in Thames-street, took the goods from him, and took them to Bow-lane station—Mr. Cetta saw them and recognized them—I knew the defendant by the name of Tucker—when I took him, he gave me the name of Sinclair—I knew him by the name of Willis; I have seen him giving that name—the name of Barclay and Co., East and West India merchants was over the door in Maiden-lane—the man whom I took with the barometer and glass, was taken from the station to Clerkenwell, he there begged Mr. Cetta to forgive him, and he would give the goods up—he said he was only servant to Mr. Barclay—I did not see the defendant till last Jan., at the Elephant and Castle; he got into an omnibus to go to Shoreditch, I got into the omnibus and rode with him to Spital-square, I then took him to the station—I know Mr. Crowther's place, he has now left—I followed some goods from Mr. Barclay's ware-house to Mr. Crowther's—I think it was on the day after I took the looking. I glass and the barometer—I there saw about two dozen glasses and a lot of chain, I which I had seen in Mr. Barclay's—I have been looking for Mr. Crowther, I do not know where he is—the place in Maiden-lane was first designated I as Barclay and Co's., about June, 1848, and it continued rather better than two months before it was shut up—Crowther's place was closed a few days afterwards.
JOHN BOUCHER . I live in Bush-lane, Cannon-street. The house No. 10, Maiden-lane, belongs to my father—the prisoner came in June, 1848—he agreed to take those premises—he represented himself as a wholesale provision and export merchant, by the name of Barclay—he remained in the house rather less than three months—about three weeks before the quarter he left—we never got any rent from him.
JAMES THOMPSON . I am a box-maker, and live in Knight-rider-street In June, 1848, I was foreman to Mr. Holmer—about July or Aug., 1348, the prisoner came to his shop in Old Fish-street—he said he wanted some packing cases to pack goods, they were to be shipping cases—he gave the name of Barclay and Co., No. 10, Maiden-lane—we made him twenty-four cases: we never got paid for them—we got nineteen of them back, in consequence of a line being written to us.
GUILTY . Aged 29.— Transported for Seven Years.
(There were three other indictments against the prisoner.)
GUILTY . Aged 20.— Transported for Seven Years.
GUILTY . Aged 32.— Transported for Ten Years.
OLD COURT.—Thursday, December 20th, 1849.
PRESENT—Mr. Justice COLERIDGE; Mr. Baron ROLFE; Sir JOHN KEY, Bart., Ald.; and Mr. Ald. CHALLIS.
Before Mr. Justice Coleridge, and the Fifth Jury.
242. HUGH SWAN was indicted for that he, being a bankrupt, unlawfully did destroy certain of his accounts, with intent to defraud his creditors. Other COUNTS, varying the manner of stating the charge.
MESSRS. CLARKSON and HUDDLESTON conducted the Prosecution.
ALFRED JONES . I am solicitor to the assignees of the prisoner, and was solicitor in the proceedings in bankruptcy. I produce the London Gazette of 1st May, 1849—there have been no proceedings commenced since that date to dispute or annul the fiat.—(This being read, was an award against the bankrupt, requiring him to appear before Mr. Commissioner Fane on 11th May and 12th June, and finish his examination.)
Cross-examined by MR. EDWIN JAMES. Q. At the time of the failure did you send Messrs. Parrington and Ladbury, the accountants, to take an account of the bankrupt's stock? A. I did not send them, they went for the creditors I believe with the bankrupt's assent; that was, I think, at the beginning of April—I saw Mr. Parrington on the subject at a meeting of Swan's creditors on 18th April—Mr. Pawson and Mr. Bradbury, the assignees, were present—Swan then offered a dividend of 5s. in the pound—that offer was in writing, but it was no doubt under consideration—it was refused—we had taken proceedings to compel an act of bankruptcy previous to that—there has been considerable litigation under this bankruptcy, and a great deal of money spent—I have had an action brought against me, and a verdict against me, with damages, but a rule for a new trial has been obtained—the assignees claimed some property on Bishop's premises as belonging to Swan—Bishop was indicted by the assignees for perjury, tried here, and acquitted—there was also a trial for an assault upon the messenger's men, who were forcibly turned off Bishop's farm, that also failed—I believe Swan carried on two shops as a draper, one in Hanway-yard and one in Camden-town.
FRANK AUSTIN . I produce the proceedings in the fiat against Hugh Swan—they are enrolled—the date of the fiat and adjudication is 28th April, 1849—the bankrupt, previous to his examination, made the declaration required by the statute.
Cross-examined by MR. PARRY. Q. Was the Commissioner present at the examination? A. I cannot say that he was—it was a private examination, and was taken up stairs in a private room—I have no doubt the Commissioner was sitting in Court at the time transacting public business—he sometimes attends, and sometimes not, as he is wanted—he no doubt signed the examination in the public Court I do not know—if the Commissioner is required to attend he would do so.
MR. JONES re-examined. I examined the bankrupt before Mr. Commissioner Fane—after it had been taken it was read over to him, and each sheet was subscribed by him—this is it—it was taken in a private room up-stairs, that is the practice of some Commissioners—I do not think the Commissioner was present; the bankrupt's attorney was—it was brought down and acknowledged before the Commissioner, and he signed it.
MR. PARRY. Q. Was that course taken in reference to this examination? A. Certainly, the bankrupt was not cautioned in reference to answering any
questions—he was protected by his own attorney, which I thought sufficient—I did not take the examination for the express purpose of eliciting facts on which to base a criminal charge—I had no idea of a criminal charge until some time after.
MR. JAMES objected to this being read: first, because it was not taken by the Commissioner, who alone had authority to take it; and secondly, because it was a compulsory examination, taken without any caution given to the bankrupt, there being a power to commit him in case of his refusal to answer. See Rex v. Button, Moody and Rob. 197, and Reg, v. Garbett, MR. CLARKSON, in reference to the second objection (the COURT requiring no answer to the first), contended that it was a voluntary examination, that his attorney being present was sufficient protection to him, and that it was therefore receivable. See Rex v. Wheater 2 Moody's Crown Cases, 45, and Rex v, Murcell, 1 Moody's Crown Cases, 203. The COURT was of opinion that they ought to receive it, and reserve it if necessary; it was not however read.
JOSEPH PARRINOTON . I was the accountant employed in reference to this bankruptcy—I have here a statement of the bankrupt's affairs—I was present at a meeting of the creditors on 11th April, and laid the statement before them—Swan was there, he referred to an offer of 5s. in the pound, which had been made by his attorney, but he declined to give any general explanation of his affairs at that meeting—the amount of his debts and assets was mentioned to him—he appeared to owe about 4,400l., and the assets amounted to 1,388l. at cost—he declined to answer any questions—he was asked to sign a declaration of insolvency, or to execute a deed of assignment, but he declined—there was another meeting on 18th—he was then asked about some goods that had been sent to Burton's—I have his statement here, which I took down at the time and read over to him, and hit solicitor, who was present, I made an addition at the end—(read—"I have sent goods to Mr. Walter Burton's, the auctioneer—sent probably twenty parcels to him—commenced I sending goods perhaps eighteen months since—have sent goods to no other place than to Burton's—cannot tell the amount of goods sent to Burton's—I have received 600l. or 700l. from Burton since 1st March last—never took any account of the goods sent to Burton, nor sent any account with them—I received the last amount from Burton on 24th or 25th March last—paid the cash creditors—decline to give the names—Burton did not come to my shop—sent the goods to Burton as I received them from my creditors—Burton I gave me an account of sales, but I destroyed the accounts—destroyed the accounts as soon as I received them—have no cash-book of receipts or payments, never kept any—kept no desk-book—took stock in 1847, about Aug.—showed Pawson and Co. a statement of my affairs as they existed is Aug., 1847, which showed a surplus after paying all my debts of upwards of 1,500., but that statement was fictitious—had five houses, but Down, Gamble and Co. sold them—that was early in 1847—they realized about 700l. after paying a mortgage of 550l.—expected Boon, my shopman, would I have joined me in partnership—neither Boon or any other person had any property of mine—no person is in possession of any.")—This was the explanation of his attorney—"By saying I sent the goods to Burton as I received them from my creditors, I meant that I sent them in lengths—I have not taken stock since 1847, nor has it been taken since, but I did take it in 1847"—I have a statement which I prepared from the bankrupt's balancesheet—my clerk obtained the materials.
the bankrupt's books, and made out an account of the goods purchased by him from 1st Aug., 1847 to 1st April, 1849, which I have here—in Aug., 1847, the amount was 85l.; Sept. 209l.; Oct. 355l.; Nov. 227l.; Dee. 51l.; Jan. 1848, 75l.; Feb. 125l.; March, 295l.; April, 416l.; May, 334l.; June, 282l.; July, 330l.; Aug. 72l.; Sept. 121l.; Oct. 789l.; Nov. 1,291l. Dec. 412l.; Jan. 1849, 492l.; Feb. 666l.; and March, 1,607l.
Cross-examined by MR. JAMBS. Q. Have you discovered any goods sold to him that he has not debited himself with? A. Yes—that list was made out from the ledger in 1849—when he became bankrupt and stopped payment the first time, I took a list, and the omissions amounted to 302l. 14s. 6d., from Aug., 1847—I believe the invoices were there, but they were not entered—I posted up the books from the invoices on the premises—there were no invoices representing the 302l. not then, they were discovered afterwards; they must have beet produced by Swan—he had two shops at the time of his bankruptcy; I do not know how long he bad had the two—a debtor-ledger was kept at each shop; the one of goods bought was kept at Camden-town—I was about three days on the premises, tasking up the accounts—I had accees to all bis books and papers that I saw—he showed no unwillingness to produce any—I believe the account I have given refers to both shops during the whole time.
MR. PARUINGTON re-examined, I believe he had the shop in Han way-yard first—he had both shops during the whole of the periods named.
Cross-examined by MR. JAMES. Q. Do not you know that the Hanway-yard shop was disposed of and kept by a person named Smart, down to 1849, when it came back again on Swan's hands? A. I do tot—Swan was asked that question, and he said, "I don't know"—he made some mention of a loss through Smart—Smart had the shop in Han way-yard at some period—I do not recollect Swan stating at the meeting that the goods were told before the 4th of every month to meet his engagements—I will not swear he did not, but I believe I wrote down all he said—he did not object to sign it—he was going to sign it, but his attorney said there was no occasion for it.
MR. HUDDLESTON. Q. Have you got the statement which he made at the meeting on 11th April? A. Yes; it was written by my clerk, it my presence—I did not read it over to the bankrupt—I read it immediately after, and believe it is correct—(read—"Mr. Swan declines to answer any question; does not know when he commenced business, or where; can't recollect either. This day week will be prepared to answer: How long were you in business when Smart joined you? I don't know. How long since you commenced business in Camden-town? I don't know. When did you last take stock? I don't know.")
MR. JAMES. Q. At this time he had no attorney present? A. I think he had, not Mr. Reed, but a previous attorney; Mr. James, I think—it was on that occasion that he was requested to sign a declaration of insolvency—he then offered to execute an assignment of his estate for the benefit of his creditors, if they would give him a discharge; they laughed at that—I have not got that down—this was only a memorandum made by my clerk for his own information; it does not profess to be a perfect account of what passed.
JOHN FALSHAW PAWSON . I carry on business in St. Paul's Church-yard, and know Swan. In March last his buyer looked out goods to the amount of upwards of 100l.—before I sent them I requested to see the bankrupt—he came on 2d March, and I informed him that his buyer had looked out that
amount of goods, and said his account was larger than what we liked to send without knowing something more of his circumstances, and requested to know whether he considered himself in the same circumstances, in every respect, as he was when he gave a statement to Mr. Holy land, our managing. clerk, in our counting-house, in the previous March—he said he was—I will not swear whether I referred to the book; I had it before me, and knew what was stated before—from the representations and assurances he made I was induced to send the goods—I should not have done so had I known his real circumstances.
Cross-examined by MR. JAMES. Q. How many years have you dealt with him? A. Five or six.—he generally paid me by acceptances, which were drawn on the 1st, and were generally due on the 4th of the month—I gave him a month's credit, and drew at three months—it was somewhere about 104l.—I believe he paid a bill on 4th March; I do not know the amount of it; it was something like 249l. or 250l.—we may have done 1000l. a year, and sometimes 500l. or 600l. with him—he had the two shops to supply—I am positive these goods had not been delivered before swan came—I had not drawn on him on 4th March for the 104l., but I had some other bills running—he may have told me he had losses in Hanway-yard, by a person named Smart.
WILLIAM HOPKINS HOLYLAND . In March, 1848, I sent for Swan, and asked for his last stock-taking—I made a minute, which I have here, of hit affairs—he showed me a book, purporting to be stock-taking, on 31st Aug., 1847, which shows that his stock, at cost, was 1921l., his good debts 596l., making his assets 2518l.; everything he owed he stated to be 945l., leaving a surplus of 1572l.—he stated also that he had spent on his premises, at Camden-town, 500l., and considered his leases of that value, and he had also his furniture, but did not mention the amount of it.
Cross-examined by MR. PARRY. Q. The large amount of goods, in March, 1848, were paid for? A. Those that went—some of them were sent back at my request.
CHARLES WALDER BURTON . I am an auctioneer, of 3, Broadway, Ludgate-hill. I have been a draper at Bristol and Bath, but was unfortunate—I have been in the habit of selling drapery goods for Swan, at my rooms—I first began to sell them about twelve months before the bankruptcy—sometimes I received an account with them, and sometimes not; it would be kept till entered in a printed catalogue and made waste paper—as soon as the sale was settled I rendered an account of the amount they fetched, and the expenses to him, and paid him over the balance—the year before his bankruptcy I sold for him, I should think, to the amount of 1600l. or 1800l.—I paid him the money—I sold goods for him in March, 1849, I think about three times, the 1st, 8th, and 24th, to the amount of 200l. or 300l.—I think the three together came to a little under 800l.—I furnished him an account with each, the proceeds, the expenses, and the balance—I sell for what they fetch, not with a reserve price—I keep no account or particulars of the goods after a sale is over.
Cross-examined by MR. JAMES. Q. Did you deliver the account to Boone, or to the bankrupt? A. Sometimes to him, and sometimes to Hill—frequently have goods sent something before the 4th of the month, both from wholesale and retail houses—tradesmen have a pressure at that time—this has been going on for about eighteen months—when Mr. Swan was pressed, he sent me goods for immediate sale—I had no message with them, except
to sell them—they frequently draw on goods sent to me for sale—hundreds of tradesmen sell goods in this way.
MR. JAMES submitted that the indictment could not be sustained, inasmuch as it was framed upon 5 & 6 Vic, c. 122, which was repealed by 12 & 13 Vic, c. 92, that the offence in question could not come within the latter Act, as it was not in force at the period the offence was alleged to have been committed, and that the extent of the repeal applied to the whole of the former statute, with certain exceptions, which were pointed out in the schedule, which schedule did not mention the offence in question. MR. PARRY also urged that the 5 & 6 Vic. was entirely repealed, without any reservation as to this or any criminal offence, except as to the recovery of certain penalties incurred before the Act came into operation; the word "penalty" so used, could not apply to punishment for any criminal offence, but only to fines in civil matters, MR. C'LARKSON contended that the 12 & 13 Vic. must be taken to keep alive the punishment awarded by 5 & 6 Vic, otherwise there would be impunity to wrong doers in the interval between the llth Oct., when the former Act was repealed; and 1st Aug., when the latter came into operation. MR. HUDDLESTON also contended that the use of the word "fiat" in the introduction of the repealing Statute which abolished fiats altogether, rendered it clear that the offences included in the 5 & 6 Vic were intended to be preserved, and that the word "penalty" meant punishment was clear, from the 254 sec. of 12 & 13 Vic, where it was expressly stated that a person giving false evidence should be liable to the penalties of perjury, MR. JAMES in reply, did not mean to suggest that the Legislature had an object in providing any impunity for this offence, but the question was whether or not it was a casus omissus.
MR. JUSTICE COLERIDGE was clearly rf opinion that the indictment could not be sustained; if it was to be sustained at all, it must be on 5 &6 Vic, because the offence charged was committed prior to the passing of 12 & 13 Vic, and there were no retrospective words in the penal clauses of that Statute, The question then was, whether the 5 & 6 Vic, was so entirely repealed as not to enable recourse to he had to it? The first section stated, that from and after the commencement of the Act, the several acts set forth in the schedule were repealed: and then in the schedule the prior act was slated to be wholly repealed with certain exceptions, which it was admitted did not bear upon the present question. Therefore, if it stood simply on the words in the schedule, the question was at an end; but it was said, that there were other parts of the Act which had a saving effect; those parts, in his opinion, referred to proceedings in bankruptcy and not to criminal offences—the inference attempted to be drawn from the 254th section, as to the word "penalty," entirely failed. It was said further, that the 4th and 253rd sections showed that there was an intention to keep alive proceedings of this nature, Now, supposing the Court were satisfied, as it was, that the Legislature never intended that which must result from this omission, yet the Court could not create or punish crimes except upon the clear legal words of the Legislature; but they were not driven to that argument, because it seemed to him that the inferences, attempted to be drawn from the last-named sections could not stand: it could not he said that a criminal proceeding, such as this, was a remedy for a party injured by a bankrupt and as to the words of the 153rd section, they might reasonably apply to the case of a fiat, which had issued immediately before the Act's coming into operation.
MR. BARON ROLFE entirely concurred in this opinion; it was a perfectly acknowledged rule of law that when a Statute was repealed, you could not proceed against a party for anything done under that Statute; and in the numerous Acts passed on Her Majesty's accession, repealing a vast number of former Acts, an exception was made as to offences committed in the interval, which offences were to be dealt with and punished as if the Statute had not passed, At the passing of 6 George IV the then Bankrupt Act, exactly the same thing happened as that which now occurred; there the former Acts were repealed without any reservation, and the same argument was used, that the Legislature could not have meant to make a sort of hiatus; the answer was, if they did not, it was a misfortune that they did not provide for it, but they very positively repealed everything that had passed before. It was safer to know nothing of what the Legislature intended, except from what they said; they certainly had not said that any of these provisions should be retained, and therefore they were no longer in force. The Jury were directed to find a verdict of NOT GUILTY .
MR. CLARKSON, for the prosecution, stated that the same objection which existed in the last case applied to this, and offered no evidence.
NOT GUILTY .
NEW COURT.—Thursday, December 20th, 1849.
PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. Ald. CHALLIS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
244. HENRY DICKINSON and PETER YOUNG ; feloniously breaking and entering the warehouse of Charles Frederick Biglin, and stealing 2 pints of wine and other goods, value 8s.; Dickinson having been before convicted,
MR. COOPER conducted the Prosecution.
THOMAS KELLT (police-sergeant, H 2). On Thursday night, 6th Dec., I and two officers concealed ourselves at the back of the Angel and Crown, Whitechapel—I had a view into the Old Swan brewery-yard—I saw three or four men loitering about the entrance of the yard—soon afterwards I was two men go up the yard—it was then about half-past eleven o'clock—soon after I heard a report like a gun, and a cracking noise—I and the officers rushed to the cellar, and found the bars wrenched off, the cellar-flap partly open, and took the prisoners inside—on going down the cellar I saw Dickinson—I said, "Halloo! what brings you here?"—He said, "I came down to sleep, having no other place to sleep in"—this was about four minutes after I heard the cracking—I was present when the cellarman came—I saw these two bottles there, nearly empty.
ROBERT GIFFORD (policeman, H 89). I was watching with the other officers—I saw the prisoners in the wine-store—I took Young, crouched on his hands and knees in a corner—I found a candle close by his hand, and some baskets.
Dickinson. Q. Were there two bottles of wine? A. Yes—I did not place one of them on the form—you were standing close by the two baskets, near the steps.
EDWARD WIGLET (policeman, H 141). I entered the cellar with the other officers—I found this crowbar—this hammer was lying against the cellar-flap—the staple was wrenched off, and in the cellar I found this lifepreserver—near where Young was, I found four lucifer matches.
Dickinson. Q. Did not the cellarman say that there was nothing shifted? A. No, nor did I.
THOMAS LINGFIELD . I am in the service of Charles Frederick Biglin. My attention was called by the police at half-past one o'clock that morning—I found the cellar-flap had been broken open, and two baskets that I had left at the further end of the cellar had been moved to the front—two bottles of wine which I had left at one end of the bench had been moved to the other end of it, and one of them was nearly empty—they were the property of Mr. Biglin—the house is in the parish of Whitechapel.
Dickinson. There was one bottle on the right, and the other on the left. Witness. No, they were both together when I left the place safe, at half-past six o'clock the night before—I locked it myself.
DICKINSON— GUILTY . Aged 20.— Transported for Seven Years.
YOUNG— GUILTY . Aged 22.— Confined Nine Months.
245. ROBERT WHITEHEAD, RICHARD WHITEHEAD, THOMAS WHITEHEAD ; and SUSANNAH WALKER ; burglariously breaking and entering the dwelling-house of Mary Ann Ives, and stealing 1 tea-caddy, 1lb. weight of tea, and other goods, value 14l. 19s.; her goods: Robert Whitehead having been before convicted.
MARY ANN IVES . I am a widow, of 3, Richard's-place, Haggerstone. I keep the house, and sleep in it—I know the prisoner Walker—she called at I my place on 20th Nov., at two o'clock in the afternoon—Robert Whitehead was at the door—I went to shut the door, and Walker said, "There is Bob outside"—I said, "Don't let him stand at the door, let him come in"—they came in, and took tea with me—Walker said she had a bonnet to sell that would suit me, and asked me to go to her house to see it—they left at four, and I went to Walker's house at six, to see the bonnet—I did not fasten the shutters, only the window and doors—I met Walker coming out of her own house—I said I had come to buy the bonnet—she said she was going to the I pledge-shop—I said, "I will go and look at the bonnet"—she said, "No, come with me to the pledge-shop"—I went, and waited outside—I then went home with her, and saw the bonnet, and gave her a shilling off it—she then took me to a place opposite Goldsmith's-row, and we had something to drink—we then went to her shoemaker's, and she asked if her boots were done—he said, "No"—in going home she said she was very thirsty, and she went into a public-house, and had some ale—she sat on a seat there half an hour—I said, "I must go home now, it is getting late"—it was about eight o'clock—I left her, and got home about a quarter past eight—I found my shutters and window open, and I missed all the property stated—the bedroom-door where the linen was, had been broken open, and they did not leave me a thing; what I have on now I was obliged to borrow, to appear in—this piece of velvet (produced) I had bought on the Monday before; I swear to it—this tea is the same sort as I had, and which was taken away; and this paper that it is in is an account of Manning's execution; I was reading it when they came in and I tore the corner of it off—it was put on the sideboard, and they took
the tea in it—my tea had sugar mixed with it—they had taken the sugar out—there is part of the small sugar with it now—I went with a policeman to Walker's house; we did not find anything there—I said to her, "Oh, Mrs. Walker, I am robbed of everything; that wretch has robbed me," meaning Robert Whitehead—she said nothing.
JURY. Q. Had you been in the habit of drinking with Walker? A. Yes.
HENRY TWITCHETT . I am a shoemaker, of 42, Margaret-street, Hackney, road. I know the male prisoners—I was sitting at work in my room on the evening of the 20th Nov. and heard some one knock at my shutter between six and seven o'clock—I got up—it was Robert Whitehead, with a very heavy bundle on his shoulder—he asked me if his old man was at home, meaning his father—I said yes, he was—he came inside, and put the load down by my parlour door—he then went outside and took a tea-caddy off the window-ledge—he asked me again if his old man was at home—I said he was—he knocked four times at the door, and his father, Thomas Whitehead, came down stairs—the father had a back room adjoining mine, that he kept unoccupied, and he and Robert Whitehead went into that room with the bundle—they were there a quarter of I an hour or twenty minutes—I went into the yard, to look into the back-room window, and there had been a sheet placed at the window, three parts of the way up, so that no one could see; there had never been anything there before—they then took out the same bundle, wrapped up in a patchwork quilt—Richard had occupied the top room up-stairs, and the father had had his goods up-stairs, and that evening the goods were removed down to the back room adjoining mine, and the whole evening was in confusion—Robert Whitehead does not live with me—Thomas came down and helped the bundle into the back room, and took them out, but I did not see Richard help them in or out—I did not see Thomas any more till he returned home at eleven in the evening—Richard was at home all the time.
THOMAS MORIARTY (policeman, N 215). I went with Mrs. Ives to Walker's house—she told her of her being robbed, and she laughed at her—Mrs. Ives said, "It was that man with you that robbed me, and you kept me out while he did it"—I took Walker, and searched her place, but did not find any of the property—she said she did not know anything of it—I found this tea in Richard Whitehead's cupboard—I believe that is the same room that the father lives in—Richard Whitehead said it was his cupboard, and he bought the tea in half-ounces and saved it up—it was in this paper.
Richard Whitehead. I bought the tea in half-ounces during my wife's confinement.
Thomas Whitehead. The witness has false sworn himself in every sentence.
ROBERT WHITEHEAD— GUILTY . Aged 25.— Transported for Ten Years.
RICHARD WHITEHEAD— GUILTY . Aged 34.—Recommended to mercy by the Jury.— Confined Nine Months.
THOMAS WHITEHEAD— GUILTY . Aged 58.— Transported for Seven
Years. WALKER— NOT GUILTY .
(There was another indictment against the prisoner.)
248. WILLIAM BAUGH ; stealing, whilst employed in the Post-office, 2 post letters containing 1 half-crown, and 4 postage-stamps; the property of the Postmaster General. MR. BODKIN conducted the Prosecution.
ELIZABETH GRANT . I live in King's-road, Chelsea. On 24th Oct., I wrote two letters—these are parts of them—I enclosed half-a-crown in each—they were directed to Mr. Richard Gooch, near the New Church, Cherry-street, Lakenham, Norwich—I sealed them, and posted them myself in the Fulham-road, about three o'clock in the afternoon—I put four postage-stamps in each, which were not separated—I afterwards found that they had not reached their destination—one of the four stamps had a selvage.
RICHARD GOOCH . I live in Cherry-street, Lakenham, Norwich. I did not receive in Oct. two letters, containing half-a-crown and four postagestamps in each—this is my address on this letter, but I did not receive it.
MATTHEW PEAK . I am a policeman in the Post-office. I was on duty there on 5th Dec.—I saw the prisoner there sorting letters in the Inlandoffice—some communication was made to me, and I asked him where he lived—he said at 19, George's-terrace, St. Peter's-road, Islington—Mr. Boyd, the inspector, went with me there—I saw the person who keeps the house; he pointed out a bed-room to me—I searched there, and found these pieces of letters, which I have put together, in the grate, and a good deal of other paper, and amongst them were fragments of letters addressed to the prisoner—I searched a drawer in the room, and found 5s.-worth of postage-stamps, and these four stamps, in a square together—I have looked through all the papers; they are principally fragments of letters—I found no letter addressed to any person in the house but the prisoner.
Cross-examined by MR. COCKLE. Q. The prisoner was asked if he had any objection to allow his lodging to be searched, and he said he had none? A. Yes—I found more than one letter addressed to him, but they were torn up very small—I have not an envelope put together, but pieces with part of his name on—he has been in the Post-office, I believe, about four years—a person named Capstick lived in that house, who belongs to the Post-office.
MR. BODKIN. Q. When the prisoner said he had no objection to his lodgings being searched, he was in custody? A. He had been called in, and was under examination.
JOHN NICHOLSON . I am a sub-sorter in the General Post-office. I and the prisoner occupy together the room that was searched by Peak—we have done so since 30th April—I do not know anything of these letters—I was not in the Inland-office on 24th Oct.—I have referred to the book; it is not my duty to be there, but I am sometimes.
Cross-examined. Q. When was your attention called to this? A. Not till I was told that the prisoner was taken, on 5th Dec—I have been in the Post-office four years—any clerk is liable to be employed for another, but then he signs his name in the book.
----CAPSTICK. I am in the Inland-office at the Post-office. I
keep the house in which Nicholson and the prisoner lodge—they occupy the drawing-room on the first-floor, and a bed-room on the second—Peak searched the bed-room on the second-floor—I know nothing about the papers found in the grate.
Cross-examined. Q. How long have you been in the Post-office? A. Four years—this bed-room was not kept locked, but any one had not access to it—my wife attended to them; she, of course, had access to the room—I make no use of the prisoner's room, I only go at four o'clock in the morning to call him up.
CHARLES JOHN WHITING . I am a clerk in the Inland-office in the Post-office. Supposing letters for Norwich to be posted in the Fulham-road at three o'clock in the afternoon, they would, in the course of business, arrive at the General Post-office that evening—they would have to be sorted and sent by the mail that night—I can see the stamp of the Inland-office on this envelope of the evening of 24th Oct.—the postage-stamp is obliterated—here is the figure 7, which signifies the Inland-office—it came safely to the Postoffice that evening—the prisoner was a sorter there—here is the evening sorter's-book, in which the sorters sign their names—on the evening of 24th Oct here is an entry of the prisoner in his own writing, which signifies he was on duty in the Inland-office that evening—Nicholson was not employed on 24th Oct. in that office—no person is permitted to be employed in that office without signing his name in this book—this letter is addressed to Norwich, and had a double stamp on it—supposing it contained half-a-crown, and had a double stamp, it would probably go in with the packets which are sorted separately; it would be the prisoner's duty to sort a letter of that kind—this would be assigned to the Eastern Counties' division—the prisoner was employed at that division that evening—the letter-bag for Norwich would be made up in the Eastern Counties' division.
Cross-examined. Q. Perhaps you can tell me whether Capstick was on duty that evening? A. He was, in the Inland-office, in the same department that the prisoner was—at first all the letters are sent to the sorters promiscuously; it might have gone to Capstick, or any other man—Capstick was not employed on the Eastern Counties—we do not keep a separate register, only this one book.
GUILTY . Aged 30.— Transported for Seven Years.
HENRY WOLFF . I was at the Cross Keys, Wentworth-street, on 11th Dec.—the prisoner was there—there was some dispute about playing at cards—they wanted to cheat me, and the prisoner got up and gave me a blow—there were some Germans in the room—I was knocked and kicked about—I wanted to button my coat, because I had changed a sovereign, and had the change in my pocket—the prisoner said, "Don't let him button the coat"—I was taken by two men by the arms, and the prisoner put his hand into my pocket—I cannot say what I lost, but I consider I lost 11s. or 12s., and my breast-pin.
Prisoner. Q. Can you swear I took the pin out? there were about twenty persons in the room; you have had a spite against me for four years. Witness. I have not—we have not fought together.
NOT GUILTY .
THOMAS KELLY (police-sergeant, H 2). On Sunday night, 2d Dec., I was on duty in the New-road at half-past nine o'clock—I saw the prosecutor with an umbrella—the prisoner accosted him, and asked him to go home with her—he said, no, he had a wife and family of his own, and was going home—she got hold of him—some persons came by, and she said, "He is my brother, I want to get him home"—she got him down—he got up and went on, and she knocked him down, and ran off—I pursued and took her, and found this umbrella in her hand—I did not see her take it from him, as the night was dark and wet—the prosecutor had been drinking.
JAMES GREENHAM . I am a stoker at the gas-works, in New Gravel-lane. I was going home from work—the prisoner accosted me—I told her I was going home—she followed, tripped me up, and knocked me down—I had an umbrella; she took it from me—I had a half-crown in one pocket, and 1s. 6d. in the other, when I left the factory, not a quarter of an hour before, and I lost them—this is my umbrella.
GUILTY . Aged 25.— Transported for Seven Years.
THOMAS BARRETT . I am a pawnbroker. I took in these brushes from the prisoner—he said he brought them from his father, who was a brushmaker—there are a great many brush-makers about that neighbourhood.
GUILTY . Aged 14.— Confined Six Months.
(There was another indictment against the prisoner.)
Cross-examined by MR. HORRY. Q. How long had he been in your service? A. About two months—I had no character with him—as soon as the officer came to the house the prisoner absented himself—I had a letter from him afterwards, saying he would show me where my property was, but I found out that the first of these pawnings was on the day he came into my service—he took me to Mr. Swains', and some other pawnbrokers—he said Thornhill stole them, and he pawned them—after the brushes were finished they went to Thornhill to be delivered—Thornhill robbed me of five times as many as these—I had him up twice—he was dismissed; I don't know why.
(There was another indictment against the prisoner.)
THIRD COURT.—Thursday, 20th December, 1849.
PRESENT—Sir JOHN KEY, Bart., Ald; Mr. Ald. FINNIS; and EDWAM
Before Edward Bullock, Esq., and the Seventh Jury,
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
BENJAMIN POTTER . I was mate of the Norfolk, which has just come to London. The prisoner was a seaman on board; I believe he was shipped in London—I joined her at Madras, on the homeward voyage—the captain's name is Kreeft—we touched at St. Helena, on the way home, on 12th Oct., in the morning—in the evening we wanted to get under weigh—while getting in the cable, I heard some grumbling, and said, "Heave away, lads! let us have no grumbling"—I then saw the prisoner there—he continued grumbling, saying, "This is a pretty time of night to get under weigh," and things of that kind—the captain then sung out, "Grog, oh! for all hands!"—the prisoner did not have any—I had stopped it before, because he was dilatory in his duty—after that he was worse, and continued grumbling—I went up to him, and told him to desist grumbling, and if he did not I would "stop his wind;"—I meant, "stop his conversation"—he said, "If that is the case, I will knock off"—he let go of the windlass—I insisted on his going to work again, and said, "If you do not, I will make you"—the captain then sung out, "Bring that man aft"—the prisoner said, "If you lay a hand on me I will shove this knife into you," taking one from inside his trowsers or belt, and opening it—I advanced towards him; he put his head down, ran at me, and I felt the knife grate across my thigh and stomach—I should fancy it was drawn in an upward direction—I struck him, and knocked him down—I allowed him to get up, then pinioned him round the arms, and was bringing him aft—he struggled to get clear—he pointed the knife a second time at me—I struck him again with my right hand, and stopped the knife with my left—he got up—I pinioned him—the captain and second mate then came to my assistance, and while we had hold of the prisoner he called out to the other men, were they Englishmen, and would they see a man overpowered—I felt my hand cut across, there is the scar—I told the captain to beware of himself, and immediately after he said, "I am cut also," and I saw blood running from his cheek—this knife (produced) was found next morning—I suppose he broke the handle, because as soon as he cut my hand I let him go forward, and ran after him a third time, and the knife was found at the place he ran to—he was then secured—I am not aware that I had given him any further provocation than what I have stated.
Cross-examined by MR. ROBINSON. Q. Is it a knife to wear round the neck? A. Yes; sailors generally carry one for the purpose of cutting ropes—I swear I saw him open it—it was between six and seven o'clock in the evening, just getting dusk—I will not swear it was not after seven—it was not very nearly dark—I think I should have known the captain at half the ship's length—I think I might have recognized a person's face; I cannot be sure, because the circumstances at the time occupied my mind—we were not
short of provisions up to that time; the men had their full allowance—the captain knew what was in the ship—we got a barrel of beef at St. Helena—we had not been served short—I do not know what was in the hold; the captain takes the account of it—the prisoner had not been quite well before—he had had medicine two or three times, and several of the others too—I cannot swear whether he had any the day before—I do not know that the medicine was stopped—he asked me for his medicine at the windlass a short time before we got under weigh, and I said, "You had better wait, but if you want it now you may go for'ard and get it"—I did not refuse to give it him—that was the only time he applied for it—I believe he had a sore toe, at least he said so—I have nothing to do with the medicines; the captain serves them out himself—the prisoner had not complained of his toe; he had merely said so among the men—I do not recollect the words I used to him—I said I would "stop his wind"—I did not say "d----d wind"—I wil not swear that—I might have sworn at him; I do not think I did—I struck him in the head after he ran at me—I did not strike him before he ran at me—I did not know at first that I was cut—the wound was very slight, but it went through my trowsers—it was not deep, but it might have been serious—I was not away from duty—my hand was disabled for three weeks—I and the captain had hold of him, not the second mate, I sent him and the carpenter away when the prisoner called to the crew—I did not hear the prisoner call "Murder!"—I will not swear he did not—I pinioned him round the arms until I got about halfway aft, and the captain, carpenter, and second mate then came to my assistance—the captain held him by the shoulder, and lent a hand to drag him aft—I do not think he held him by the collar—he was immediately put in irons, and brought home so, and was so until he was given into custody—the vessel is 349 tons—there are sixteen hands, with the captain, carpenter, two mates and steward—I believe we had the full complement—if the men had worked properly the ship would have worked like a top—some ships go with much fewer hands—the men complained of the ship being short handed, because we had an old cook, and an old steward, and two boys, of no use—they did not grumble about the quantity, but the quality—if they had worked their best it would have been amply manned.
MR. BALLANTINE. Q. That threw more work on the mates, as well as the others? A. Yes—I went on the ordinary wages—there is no objection to starting from a place in the evening, whether it is dusk or not—I merely acted under the captain's orders—the prisoner was brought home in irons, under the captain's orders—they were hand irons—he was allowed his full rations all the way, and three hours a day exercise at first, and two afterwards—there was no shortness in the rations up to St. Helena—we were short of a few trifles about three weeks before we got in.
FERDINAND CHARLES KREEFT . I was master of the Norfolk. On the voyage from Madras to London we touched at St. Helena for coals and water—up to that time we had had our full complement of provisions—we came to anchor on 12th Oct., between ten and eleven o'clock in the morning—about half-past six, or between that and seven in the evening, I ordered the anchor to be weighed—the men were forward weighing the anchor—I heard a disturbance, and as the anchor was coming up slowly, I called out to the steward to give them a glass of grog—the prisoner's grog had been stopped with my sanction—the mate would have been acting contrary to my orders if he had given him any—after that I heard a scuffle, went forward, and saw the mate had hold of the prisoner bringing him aft—he moment I came, Potter ordered the second mate and carpenter to go for'ard, and we
then tried to carry the prisoner aft—Potter had his arms round the prisoner who was off his legs—when we got him down to the break of the fore deck Potter laid, "Take care of yourself, Sir—he is using his knife"—I immediately had a cut on my cheek, and also on my thigh and stomach, an upward wound—I found myself saturated with blood—he was let go by us both, and escaped round the other side, and when I got round, Potter had again seemed him—I then called on the crew to help—several of them did so, and the prisoner was secured—I have been upwards of twenty years in the merchant service, and have been ten years a master—I cannot say whether the mate was behaving temperately—I heard the scuffle, and sung out to the mate to bring him aft—the mate merely acted under my orders.
Cross-examined. Q. You did not find the wound in your thigh out for some time, did you? A. No—Potter had just let go of him when I was cut—I had hold of his feet at the time, he was on the deck in a sitting posture—we were trying to get him on to the quarter-dock—he escaped immediately I felt the wound in my cheek—the flour got bad at the latter part of the voyage—I have not been prosecuted since—Mr. Vesey wrote to me, and I said I would pay the crew any reasonable sum for short provisions; but no complaint was made at the pay-table when the crew received their wages—when we arrived at St. Helena there was about 20l. wages due to the prisoner-application has been made to me for it, and I have refused to pay it—I may have given the prisoner medicine several times on the voyage—I did not immediately, or two days before this—I did not to my knowledge three days before—he applied for some just as we were letting the anchor go on going into St. Helena—I asked what it was for—he said it was for a sore toe—I said, "It is no time to take medicine, you had better wait till the evening; you can have it if you please to go to the steward, and get it"—he said he would wait till the evening—he applied for salts—the prisoner called out "Murder!" several times while we were taking him aft.
MR. BALLANTINE. Q. Did you represent these facts to the owner when you arrived? A. Yes—I paid the wages—the owner died two or three days after we arrived—it is of no moment to me what the men receive—I paid Mr. Vesey 6l. in order that the prisoner might be defended—the flour did not run out, it went bad; there is a cask of it unused now—it spoiled in consequence of the length of the voyage—we only intended to stay eight or ten hours at St. Helena; but on account of this affair I was obliged to stay till the next day—other matters, and the winds, delayed us two or three weeks
MR. ROBINSON. Q. How long was the passage? A. Two months—I have made it in thirty-eight days; a ship just after me, made it in something less than that.
CHARLES UNSTEAD . I am second mate of the Norfolk—I remember the men being ordered to heave the anchor—I was at the windlass—the captain sung out, "Grog, oh!"—all then went to their grog except the prisoner—we came for'ards again, and began to heave away—the prisoner was grumbling, and Potter asked what he was grumbling about—he said, "You haw stopped my grog"—Potter said "If you don't go on heaving again, I will stop your wind;" and upon that he knocked off work—Potter told him to go on heaving again—he would not, and Potter took hold of him—I had not seen the prisoner do anything before that—I heard him say he would rip him up if he touched him—I did not then see any knife—I noticed Potter was bleeding from the hand, and the next day I saw a cut on his thigh—on the next morning I found this blade of a knife, by the water-cask.
Cross-examined. Q. What time was it? A. I cannot exactly say;
perhaps it was six or seven o'clock; it might be later—I cannot say whether it was considerably later than seven—it was dark—it might be nearly eight—I have before been asked questions about the time—it was after the prisoner ceased heaving at the windlass that he said he would rip Potter up—I only saw Potter pull him down once—he caught hold of him by the collar, and pulled him down—I did not see him strike him; I swear that—I saw them scuffling—I was on the foremost part of the windlass and they on the aft—it was dark, and I could not see—I was perhaps eight or ten feet off, or rather more—I could not see whether he did knock off work or not—after the captain said "Bring him aft," I went and took hold of his legs—that was before the captain was cut—he was like sitting down then, and I took hold of his legs and dragged him along the deck.
MR. BAILANTINE. Q. There is very little twilight at St. Helena? A. Very little—I cannot recollect the exact time.
THOMAS WATKINS (policeman, K 310). I took the prisoner, and told him he was charged with attempting to murder the captain and mate—he said, "Well I may, for I have been very near half-starved the whole of the voyage."
MR. ROBINSON called
GEORGE GILMORE . I was a seaman, on board the Norfolk. On 12th Oct. I was heaving the windlass—Burton was close by me—the mate was standing close to the windlass—it was between eight and nine o'clock—the other ships in the port had struck eight bells—it was dark—the windlass was stopped, and a glass of grog was served out to the ship's company—Burton did not get his, and he said his grog and medicine were both stopped—Potter said, "It is time to stop your grog when you take two hours bending the fore-top-gallant sail"—I know he did not take so long as that—I cannot exactly say what time he did take—he complained of a sore foot—I saw one of his toes was sore—Potter said, "If you don't hold your tongue, I will stop your wind"—the prisoner said, "If you strike, I will defend myself"—Potter then sprung on the top of him, and knocked him down, and when he was down he was striking him with his fist—I did not hear anything said about cutting—after Potter had struck him several blows, he dragged him between the galley and foremast, and repeated several blows again—at that time the captain came forward to inquire what was the matter—the mate said, "It is only this d----skulk of a Burton"—the captain told him to leave him alone to him, and said, "Heave away, my men; he is only a d----skulk"—the captain and Potter then took bold of Burton, and dragged him to the foremast water-cask, on the same side of the deck—Burton caught bold of the water-cask—they could not get him away, and the captain kicked him several times in the side, and Potter was striking him at the same time in the face with his foot—they then dragged him aft, abreast of the main rigging, and I heard several blows with a rope's end, but it was dark, I could not see—I was at the windlass—I heard Burton cry, but I cannot say who hit the blows, or who received them—he sung out "Murder!" three times—I afterwards saw him on the larboard side, in irons—I heard nothing said about a knife—the captain sung out, "Men, men, they are going to murder me;" and shortly after he and the chief mate complained of being cut, and sung out for assistance.
Cross-examined. Q. You were at the windlass, close to the prisoner, helping him? A. Yes, and Potter too—I could touch him one way, and Burton the other—I did not see Burton draw a knife—I cannot say whether should have seen it if he had—I was not exactly looking at what was going on I was looking round the deck—if Burton had drawn a knife, and opened
it, I could have seen him—I never did see a knife—I went aft, and got some grog when the captain called out, "Grog, oh!—"Burton was not allowed any—he was for'ard, at the windlass, at the time—when we got back, he said his medicine was stopped as well as his grog—Potter heard him say that—he only said it once, mildly and gently, not in a particular grumbling manner—he merely made the observation—it could be no offence to Potter at all—Burton gave him no provocation—he did not run at him with his head down—Potter ran at him, and knocked him down—it was merely because Barton had said, in a gentle manner, that his grog and medicine were stopped—I had heard him say he had been aft, after medicine—Burton had not time to open his knife after Potter knocked him down—I swear he did not draw his knife—Potter knocked him down, and when he was down he stood over him, and struck him with his right hand, holding him down with his left—I cannot say how many blows he gave him—I cannot tell whether it was ten or fifty—it was not gentle striking, but as hard as he could—he got him down a second time, and set to work and punched him again in the same manner—I cannot tell how many blows were struck—when the captain came for'ard they had him down again, dragged him before the water-cask, and the captain kicked him in the side two or three times—he was very much hurt, and cried out to get clear—the mate was striking him in the face—it continued some time—I did not see any knife, or hear of any wound until the captain called out—after the complaint was made, I saw the mate's thigh bleeding—I did not see his trowsers or his hand—I was shipped at the Mauritius, on the outward voyage—we got in St. Helena on the homeward voyage in the morning, and got some water—I do not know whether there is any twilight there, I did not notice—I had never been there before—the sun sets in Oct. at a few minutes past six o'clock—we were ordered to heave at the windlass between eight and nine, not before—I recollect noticing the time—I was discharged from a Government mail packet, at the Mauritius, of which I was chief officer, through too much drink—I embarked on board the Norfolk as a common seaman—I did not lose my wages; I was paid every farthing—I was not drunk at the windlass—I had only had a glass of rum and the day's allowance—I have made an application on account of the short provisions—Mr. Vesey is my attorney; he did not come to us, we went to him—we knew this matter was going on—I was not examined at the police-court; I was present.
MR. ROBINSON. Q. Can you undertake to say that no knife was drawn before Burton was first knocked down? A. I did not see any—he had not time to draw a knife—I was not near enough the second time to see whether there was a knife drawn or not—he had not knocked off work at the windlass before the mate struck him—he had ceased from heaving—one glass a day allowed on board the ship, and that laid at the captain's own option—I am not aware that Captain Kreeft has complained of my conduct—I asked him for a reference—he said he would be happy to give me one, if I called at the office, and if they were all like me it would be all right—the windlass it not more than eight feet from the water cask.
JOHN SMITH . I was a seaman on board the Norfolk, On 12th Oct. I was heaving at the bar of the aft-part of the windlass—I saw the beginning of this matter—Potter knocked the prisoner down—I could not see what the prisoner did immediately after that—the mate gave him several blows in the face while he was down—the captain came and asked what was the matter, and said, "Leave him to me, Mr. Potter," and they led him out—I did not see anything after that—it was dark, and I remained at the windlass—the
captain said to us, "Heave away, my men; he is only a d----d akulk"—I afterwards heard several blows with the rope's end; I cannot say where it was; it was some little distance from me—I did not see any knife drawn before the first blow—I was on the other side—the prisoner came for'ards again, running across from the starboard to the larboard—the captain and mate came running after him—the prisoner tumbled down on the deck, and they struck him again—I did not hear anything about the knife till Potter and the captain sung out he had cue them; that was at nearly nine o'clock, when the prisoner ran for'ards—it was after I had heard the blows given.
Cross-examined. Q. What countryman are you? A. A Dutchman—I complained of the short supply of provisions—I have employed Mr. Vesey—I did not see a knife at all—there were twelve or thirteen at the windlass-two of them are gone away again; I do not know where the rest are—I did not see Burton butt at Potter with his head down—I saw Potter run at Burton—Burton was working the windlass.
MR. ROBINSON. Q. Whether anything of the kind took place after the first blow, you cannot undertake to say? A. No.
GUILTY . Aged 28.—Recommended to mercy by the Jury and Prosecutor,— Confined Two Months.
MR. CAARTEEN conducted the Prosecution.
JOHN CAMALERI . I am a Maltese seaman, and lodge with Mr. Mitchell. I was out with him, a countryman of mine, and another person, on 30th Nov., in Ratclife-highway—I was walking with my countryman, and Mr. Mitchell in front with the other one—the prisoner came up to me, and said in English, "What are you talking about?"—I said, "Nobody was speaking to you"—I was not speaking to or about him—the prisoner left, and after that Mitchell said he was going home, and when he had got about ten yards away, the prisoner came again, and struck me on the side of the face, and ran away—I put my hand up, and it was bloody—Mitchell ran after the prisoner, and ray countryman called out, "Knife! knife!"—he overtook the prisoner in Princes-street; he is not here—Mitchell next came up to the prisoner, caught him behind, and I saw an open knife in his hand—Mitchell took it away, and gave it to the policeman—there was blood on it—I was taken to the doctor's—my face bled very much.
Cross-examined by MR. ROBINSON. Q. What is your countryman's name? A. Emanuel Bone—I did not see the prisoner strike me—the first I saw of him was his running away—I do not know whether he was drunk—I had not seen the prisoner before—I had been with these people for three hours—we had had one pot of beer for the four of us.
GREGORY MITCHELL . I live at 24, Lower Grove-street, St. George's, and keep a lodging-house for seamen. On 30th Nov. I was in Ratcliffe-highway with the prosecutor, another Maltese, and an Italian—I was with the Italian, and the others were following—the prisoner met us, and said to Camaleri, "What are you talking about?"—he said, "Nobody is talking to you; we are talking our lingo"—we left, and when we had gone a few yards from Camaleri, some one sung out, "Knife! knife!"—I turned back, and saw Camnleri's face covered with blood, gave him my handkerchief to tie it up, and followed him into Princes-street—I there saw the prisoner with the knife in his hand, holding it up, making room—I ran back to let him pass, I was afraid, and he ran into the Highway again—I ran after
him, put my arms round him behind, shut him up in them, and laid him on the ground—I took the knife from him, and gave it to the policeman—the Maltese came up to the prisoner first.
Cross-examined. Q. You keep a lodging-house? A. Only for one or two—these three men were all my lodgers; I take them out occasionally for a walk—I never saw the prisoner before—we had been together from about half-past six to ten o'clock—we had one pot of half-and-half between the four of us—I have been in Court while Camaleri was examined—it was not above a minute from the time the prisoner spoke to Camaleri till I beard the cry of "Knife!"—the prisoner was half drunk.
WILLIAM ASTBURY (policeman, H 151). On the night of 30th Nov. I was on duty in Ratcliffe-highway, and saw Mitchell lay hold of the prisoner behind—the prisoner was running—Mitchell took this knife (produced) from him, and gave it to me; it was bloody—I took the prisoner into custody; he seemed to know what he was about—while going to the police-court, next day, he said, in English, "I was half lushy; I am very sorry for it; it is the first time I ever used a knife, and it shall be the last"—I saw Camaleri's face, it was bloody.
Cross-examined. Q. Is this such a knife as sailors use? A. Yes—I there was more blood on it than there is now, it has got rubbed off.
MARK BROWN GARRETT . I am a surgeon, in New-road, St. George's. On 30th Nov. the prosecutor was brought to me—I examined his face, and I found a punctured wound on the right cheek, just in front of the ear, nearly an inch and a half long, and more than an inch deep—the temporal artery and the cartilage of the ear were divided—there was considerable haemorrhage—the situation of the wound was dangerous, but the wound itself was not, except as to the division of the artery—it might have been inflicted with this knife.
Cross-examined. Q. Would not a wound on any part of the head be dangerous? A. Not so dangerous as in that situation—it was near some very important arteries—if it had been an inch higher up it would not hire been so dangerous—the temporal artery is a very superficial one, you can feel its pulsations.
GUILTY of an Assault. Aged 31.— Confined Four Months
Before Mr. Common Serjeant.
EDWARD HANBURY (policeman). About five o'clock on the morning of 31st Nov. I found four ducks at Temple Mills—I saw the prisoner coming along the road—he made a stop at the spot, went on and stopped I again—I had seen no ducks there about five minutes before—no one else had passed—no one else could have left the ducks there.
Prisoner's Defence. It was so dark the policeman could not see me till I came up to him; I told him I knew nothing of them, and had not seen them.
Before Edward Bullock, Esq.
GUILTY . Aged 17.— Confined Two Months.
Before Edward Bullock, Esq.
NOT GUILTY .
GUILTY . Aged 22.— Confined Six Months.
261. ANN HOLMES ; stealing in the dwelling-house of Catharine Brooks I watch and other articles, value 8l. 12s.: and feloniously and burglariously breaking out of the same house; having been before convicted: to which she pleaded GUILTY . Aged 22.— Transported for Seven Years.
GUILTY . Aged 42.— Confined Twelve Months.
GUILTY . Aged 50.— Confined Twelve Months.
Before Mr. Common Serjeant.
GUILTY . Aged 19.— Confined Nine Months.
Prisoner's Defence. I was in distress; it was my intention to redeem it when I got money on the 21st.
GUILTY . Aged 61.— Confined Three Months.
MARY ANN GREENWOOD . I am an unfortunate girl, and live at Woolwich. On the night of 6th Dec. I went to bed with Jennings—the prisoner was in a bed in my room—Jennings had made him a bed in her room, and he would not lie there, be would insist on being in my room—I made him a bed on the floor—he awoke Jennings up between one and two o'clock, and asked for a light to go away—he went away—I had had in the pocket of my gown, behind the door, a purse containing five sixpences and some halfpence—I saw them safe when I got into bed, about twelve—I got up at five, found my gown on the floor, and my purse and money gone—no one else had been in the room—Jennings locked the door after the prisoner went—this is my purse.
ANN JENNINGS . I was in bed with Greenwood—I put my purse and money under my pillow, about twelve o'clock—the prisoner awoke me about half-past one, and asked for a light to go away—when I got up I missed ray purse and money—no one had been there to take it but the prisoner—this is my purse, I had two sixpences in it.
Prisoner. Q. Did not you put the purse in my pocket? A. No.
JOHN WALKER (policeman, R 298). I took the prisoner—he said be knew nothing about the purses or money—I said I should search him—he then put his hand in his pocket and gave me these two purses—I found on him a pocket-piece, which Jennings identifies.
GUILTY . Aged 20.— Confined Eighteen Months.
SUSANNAH MARSHALL . I keep a lodging-house at 5, Ramsey-terrace, Greenwich. The prisoner was in my service three weeks and four days—I found four of my trunks had been forced open—I spoke to the prisoner about it, and sent for her parents—she was searched in her mother's presence, and two pairs of stockings, a number of gloves, and several other articles were found on her—the four sheets were found in the bundle under the other linen, tied up in her own handkerchief—they were in my custody—the stockings are my own, and came from the: box that was broken open.
JOHN. BEVIS (policeman, 43). I took the prisoner, and asked her how she accounted for the possession of the stockings—she said that she had been to her box for a book, and had picked them up, and she intended to put them back, but her mistress rang the bell, and she had no time.
GUILTY . Aged 21.— Confined One Month.
Before Mr. Common Serjeant.
GUILTY . Aged 27.— Confined Nine Months.
Butts; at the time of the robbery I kept a lodging-house at Clapham. On 4th May, the prisoner and a man who had been in the house since March, left—I was then about to break up my home and tell my furniture—they were seven weeks with me, and did not pay a farthing—I said I was determined the prisoner should leave my room that morning—I went into the room, turned down the quilt, and missed all the three blankets and two feather pillows—she called to me and said, "Pray, Mrs. Taylor, do not prosecute me; I have stolen your things to live on, and I will return them before I sleep"—she went out and never returned—I did not see her again till she was in custody—I have no doubt she was in great distress, or she would have paid me my rent—she did not do anything for her living that I know of.
Prisoner. Q. Did not I work for you? A. You helped me sometimes at the wash—I did not say if you helped me to do a little washing I would pay you—I did not give you any thing for your labour, as you owed me rent.
CHARLES LEWIS . I produce these blankets, which were pledged at our place; I cannot say who by; the man who took them in has left—I produce the duplicate; it is in the name of Ann Pratt, which shows the pledge was by a woman.
THOMAS OTTLEY (policeman). I produce some corresponding duplicates—the father of the prisoner, Francis Pratt, gave them to me—he was living at Battersea—Francis told me his father had got them—both the prisoners lived together at Clapham—when I took them, I asked where the duplicates relating to the blankets were, and they both told me the father had got them—Francis is the prisoner's husband—they appeared to be in great distress.
Prisoner's Defence. We were in great distress; my husband has been very ill ever since we have been married; be knew nothing of it till after we had left the house.
GUILTY . Aged 28.—Recommended to mercy.— Confined Two Months.
Before Edward Bullock, Esq.
270. WILLIAM TYLER ; burglariously breaking and entering the dwelling-house of John William Field, and stealing 8 watches, value 42l., 2 crosses, 2 brequet-chains, 2 guard-chains, and 2 watch-chains, value 12l.; his property: having been before convicted.
FRANCIS MILLARD . About a quarter to eight o'clock in the evening I was at the shop of my employer, John William Field, a silversmith in the Borough, and heard a knock against a pane of glass—I looked at the window, and saw the prisoner there—he smashed the window in with his two fists, and pulled out a number of gold and silver watches and gold chains which were hanging in the window—he attempted to run away with them—I ran out of the «hop, and secured him at the window with the articles in his hand—he threw some of them on the pavement—he kept two gold chains in his hand—I kept hold of him till the police came, and he was given into custody—I have the things here that were found, eight watches, six gold chains, and two silver crosses—there are two silver watches and one gold chain missing—the things produced are Mr. Field's—he lives in the house, and keeps it—it is in the parish of St. Mary, Newington.
JOHN LOVELOCK (policeman, A 477). I am attached to the M division. On 3d Dec, about a quarter to eight o'clock, I was called, went to the house, and saw the prisoner in custody—Millard gave him to me—I took these two chains out of his hand—the window was completely smashed—at the station, he said he did it with the intention of taking all he could.
GUILTY . Aged 23.— Transported for Ten Years.
Before Mr. Common Serjeant.
HILLERY pleaded GUILTY .† Aged 24.— Confined Six Months.
MARIA LOUISA FAWCSTT . My husband's name is Miles; he is a draper, at 111, Lamheth-walk. On 5th Dec, soon after six o'clock in the evening, the prisoners came to the shop, and went to a pile of six shawls at the end of the counter—when I came down from the top of the shop they both had I hold of one shawl, which Hillery pretended she was looking at, and wished, to purchase—I showed her two or three others—she said she did not like any of them—she took the ticket off the one she was looking at, and threw it down on the counter—I afterwards pinned it on again—I thought their manner very suspicious, and told them 1 did not believe they came in to purchase a shawl at all; I thought they came in to steal, and 1 should not let them go till they were searched—I said I would first look and see bow many shawls I missed—I looked over them, missed five, but did not say so—I was coming round to search them, when a boy came in and took bold of the shawls from under Hillery's clothes, and put them on the counter—I gave them into custody—these (produced) are the shawls—there were six tied together, and they were exactly as they now are—Handley stood by Hillery's side, on the opposite side of the counter to me—she was not doing anything—she stood so as to screen Hillery—Mrs. Wetton was in the shop at the time and stood close to me, and another person also, who went out, there was no light at the end of the shop, where I and Mrs. Wetton were, and they could not see us when they came in—they bought nothing—they came in twice.
Handley. Q. Did not I tell you Hillery did not want to buy a shawl? A. Yes; you said she had not money to purchase one—you said you came in to ask me to let you have half a yard of ribbon you had been looking at about ten days before—I had seen you frequently before—you did not ask for the ribbon when you came in.
AMELIA REDKNAPP WETTON . I was at the back part of the shop, where I could see the prisoners, but they could not see me—I watched them, and saw Hillery pull the pile of shawls, and drop them by her side—I saw Mrs. Fawcett showing them shawls, and I thought Hillery picked up those she bad dropped, till I saw her shuffling about—I thought it was very suspicious—Handley stood as if trying to shield the other from sight—they gave their address, and I went with them to see where they lived—I stopped with Hillery while Handley went, as she said, to fetch Hillery's mistress—she came back, and said, "Don't tell her mistress, or she may lose her place; take a shilling and have something to drink, and say nothing about it."
conviction—(read—Convicted May, 1848, of stealing 20 yards of printed cotton, confined three months)—I am quite sure she is the person.
HANDLEY— GUILTY . Aged 21.— Transported for Seven Years.
JOSEPH LINTHWAITE . On 11th Dec, about a quarter to eleven o'clock, the prisoners came to my shop, 7, Crown-row, Walworth-road, and asked me to show them some black silk handkerchiefs, about 3s. 6d.—I showed them some, they were not good enough—I showed them some better ones—they said they would take one at 5s., but wished me to take something less—I could not—Cunningham said she could not take it then, but would bring her husband at dinner-time, and would I allow her to pay 6d. off—she gave me It., and I gave her 6d. change—as soon as they left I missed a piece, containing two or three handkerchiefs, this is one of them (produced)—I know it by the private mark.
Harriss's Defence. I bought it in Rosemary-lane.
Cunningham's Defence. I left 6d. on it, and intended to go back in the afternoon; but a few friends came in, and I could not go.
ROBERT BRANFORD (policeman, M 12). I produce a certificate—(read—Eliza Harriss, convicted July, 1847, of stealing a pair of boots, having been then before convicted)—Harriss is the woman—this is the fifth time she has been here.
CUNNINGHAM— NOT GUILTY .
HARRISS— GUILTY . Aged 23.— Transported for Ten Years.
(There were two other indictments against Harriss.)
MARY ELIZABETH TINSLEY . My husband's name is James Charles Tinsley; the prisoner came to lodge with me in Oct., she was very kind to my little girl, who was ill, and I employed her, and she was about the place the same as myself—I found she was robbing me, and on 16th Nov. I missed a blanket from the room, where my children slept, level with hers—I accused her, she denied it—in the evening she said, "I want to go up-stairs, will you go with me?"—I said, "I will"—while we were up-stairs, she said, "I have taken your blanket, and intend replacing it again when I get some money"—when my husband came home she was taken to the station—this blanket, scarf, gown, and shawls (produced) are mine—some were taken from her own bed.
RICHARD ARTHUR (policeman). I saw something drop in the road, which nobody but the prisoner could have dropped—it was these twenty-four duplicates—I found a spencer with one of them at the pawnbroker's—Mrs. Tinsley gave me these duplicates next morning, with which I found all this property.
GUILTY . Aged 25.— Transported for Seven Years.
(There was another indictment against the prisoner.)
GUILTY . Aged 40.— Confined Two Months.
(The prisoner received a good character.)
275. HARRIETT JONES ; stealing 1 ale-glass, value 1s.; the goods of James Woodly Smith: also 1 ring, 8s.; the goods of James Campbell: also 1 knife, 5s.; the goods of Matthew Williamson Cromartie: also 1 sheet, 1 towel, and 1 umbrella, value 12s. 3d.; the goods of Eliza Eleanor Cromartie: to all of which she pleaded
GUILTY . Aged 33.— Confined Twelve Month .
JOSEPH SCHWAR . I lodge at Mr. George Meyer's, a watch and clockmaker, of Union-street, Borough—he lives in the house—I sleep in the back workshop—I awoke about four o'clock in the morning, and saw a light in the coalhole; I got up, and found the prisoner there—it is part of the house—five holes were bored in the door—I saw it safe and locked at ten at night—I made a great noise, and fastened the door—my master came, and went for t policeman—I found this gimlet (produced) in the coalhole—we mined nothing.
WARWICK VAUGHAN (policeman, M 36). I took the prisoner, and found a box of lucifers and a candle on him—the coalhole is part of the house, which is in the parish of St. Saviour's—the holes must have been made to get his hand through to get the door open.
GUILTY . Aged 19.— Confined Six Months.
Before Edward Bullock, Esq.
GUILTY . Aged 20.— Confined Four Months.
CHARLES SQUIRE . I am a policeman on the South Western Railway, at the Nine Elms station—the prisoner was in the employ of Mr. Sayers, the railway carrier—on 4th Dec, between eight and nine o'clock in evening, I saw the prisoner and another man with a horse and cart at the station—they unloaded it, and the other man, Pigden, drove it away out of the warehouse—the prisoner walked by the side of it, and I saw the prisoner come from the corner of the warehouse with a box which he put in the cart; it was nearly dark—I saw him come from where the boxes are kept—he got in the cart when it was going on, and proceeded on his way home—I followed him to the outer gate—no one can pass without a pass, which they get in the warehouse—I saw the prisoner deliver the pass—Pigden was in the cart and another young man, who had got in after the boxes were put in—I afterwards saw the pass, and I have it here—it is a pass for Sayers' van, empty; but the man who wrote the pass, has put "van" instead of "cart"—I followed the cart into the road, and said to the prisoner, "Cherry, you haw a pass for an empty cart"—he said, "Yes"—I said, "You have a box in it"—he said he knew that, it was all right—I do not believe the persons at the gate could see the box, I could hardly see it myself, it was placed under the seat—Cherry said the box belonged to them, and he would go
and get a pass for it, and he got out of the cart—I afterwards looked at the address on the box, and I said to him, "You know Cherry this box does not belong to you"—he said, "It does not, but do not say anything about it, I do not mind what I give you to let me go"—I took him to the superintendent, and he said I had better see the day superintendent—there was a card on the box—I took it off and gave it to Mr. Newman, the day superintendent of the goods department—I have known the prisoner there more than two years—he would know the rules and regulations there, one of which is, that a person must not take anything out without a pass, and they must not take it without a porter gives it to them—there was no porter where the prisoner took this box—there were two boxes, one inside the other.
Prisoner. Q. Did I not say that I brought a box in the same name? A. No.
Prisoner. Yes, I did; and I thought when I went in, that that was the box I wanted.
PHILIP PHILEMON NEWMAN . I am superintendent of the goods department at Nine Elms—we have boxes to be called for from the London carriers—they are placed on the carriers' side, outside the warehouse—on that Wednesday morning I received information from Charles Squires, and he gave me this card; here is on it, "William Keats, wholesale confectioner, Borough-market, Southwark"—the box was to go there—I produce the way-bill—it was sent from Portsmouth on the 3d Dec., and came to our warehouse—it was in the custody of the Railway Company—the prisoner's master is not a carrier to Portsmouth.
THOMAS BENT (policeman, V 95). I am employed by the South Western Railway Company. On the afternoon of that day, I apprehended the prisoner at Nine Elms—I said, "Cheery, I want you for stealing two boxes"—he said, "I know all about it; I will go with you."
Prisoner's Defence. In the lot that came up, there was a box directed to Kent, Borough-market; I found all but that, and I took this one.
GUILTY . Aged 32.— Confined Four Months.
ALFRED JERMYN . I am ten years old, my mother's name is Clara Jermyn; she is a widow. On a Saturday, near the end of last month, I was in Exmouth-street, Commercial-road; I had a bundle of clothes which my mother sent me with—it was between three and four o'clock in the afternoon, the prisoner met me—I had seen her before, she asked me if I would go on an errand for her—when we got to Sidney-street, I saw a name on a door, milliners and dress-makers—she told me to go there, and ask for two dresses in the name of Walker—I left my own bundle with her; she told me if I took it with me I should crumple the dresses—I went, and could not find the place—I came back, and she was still sitting on the step with my bundle—she said I had been to the wrong place—she told me to go back, and try to find it—I went; and when I came back she was gone, and my bundle too—I did not see her after that.
Cross-examined by MR. O'BRIEN. Q. You were brought to see her when she was in prison? A. Yes; by Mr. Smith, the policeman, last Wednesday week, when she got out of the van—I had seen her two or three times before she took the bundle, in a beer-shop, where I have a place as potboy—I had never spoken to her—Mr. Smith told me that I was going
to see the woman that took the bundle from me—I taw her coming out of the van, and knew her immediately—there were two men and two other women in the van—I am sure the prisoner is the person who took the bundle.
NOT GUILTY .
JANE GARDNER . I am the wife of Charles Gardner. I have been helping Mrs. Dashwood since last April—she is the wife of Thomas Dashwood—on 1st Dec, I saw her do up these two frocks and other articles, and give them to a little girl, Maria, to take to the mangle—she is three years and five months old—she is now very ill with the measles—she went out with the bundle—she came back in about half an hour with the policeman.
Cross-examined by MR. O'BRIEN. Q. How do you know Mr. Dash-wood's name? A. I gave it at the registration of the child—the men where he works call him Tom—his wife calls him Thomas.
CHARLES ODELL . I am a fishmonger. On Saturday 1st Dec, I saw toe prisoner in Lambeth-marsh—I had never seen her before—I saw her go to the child, who was about fifteen yards from Mrs. Dash wood's, and take the bundle from her—she then took the child by the hand and led it about a quarter of a mile—she left the child looking in at an artificial flower-makers, and she went on—I followed her about a quarter of a mile, and gave her in charge—she had the bundle; the policeman has got it.
WILLIAM WRETTEN (policemant L 173). The prisoner was given into my charge—she had this bundle—she said she took it from the child to take to the mangle—Mrs. Daahwood's house is more than a quarter of a mile from where I took the prisoner.
GUILTY . Aged 18.— Confined Six Month ,
Before Mr. Common Serjeant.
GUILTY . Aged 20.— Transported for Seven Yean.
GUILTY . Aged 46.— Confined Six Months.
GUILTY . Aged 30.— Confined Six Months.
284. JULIA COLLINS, THOMAS STEVENS, WILLIAM M'DONALD, ANN PLUMMER ; and CAROLINE HILL were indicted for a robbery on George William Stone, and stealing from his person 1 watch, and other articles, value 13l., 10 sovereigns, 4 half-sovereigns, 2 half-crowni, and 6 sixpences: Plummer having been before convicted.
Ma. COOPER conducted the Prosecution.
GEOROR WILLIAM STONE . I am clerk to Mr. Taplin, and have been managing clerk to several solicitors in London. On 28th Nov., from ten to half-past ten o'clock, I left the office to go home to Albany-road, Camberwcll—as it
was very cold, I went across to the Virginia Plant, in the Dover-road, and had two fourpenny glasses of rum and water—I stopped there about ten minutes—I did not sit down—after leaving, I think I passed about twenty houses, and just as I got to the corner of Lower Bland-street, the prisoners, Hill and Plummer, rushed upon me and seized me by the collar—I resisted, and they tore my buttons and button-holes, and dragged me down a little court, perhaps a dozen yards off, and into a house, No. 2, Sussex-place—they closed the doors, and Hill asked me for something to drink—I took out my purse and gave her two shillings; and Plummer went out, as I supposed, to get some liquor—I then wanted to leave, but Hill shut the door and set her back against it, which prevented me—immediately after that Collins came down stairs with a lighted candle, smiling, and entered into conversation with Hill and Plummer, who returned with some liquor—they then asked me to take something to drink, which I refused—they asked me again, and not thinking that it was drugged, or anything improper in it, I took some—I might have drank half a glass—they pressed me again, and I think I drank a second time—I heard a great deal of confusion either up-stairs or outside the door—I was very much alarmed—I dropped in a chair, and, to the best of my recollection, I beard no more—I awoke about six or seven in the morning—I had in my pockets the night before, ten sovereigns, some half sovereigns, and silver, amounting to about 14l.—that was gone, and both my pockets were cut—I bad a gold watch, a gold chain and seal, and a mourning ring; they were all gone—my watch had been in my fob, and the fob was cut—I went up-stairs and found no one—the place only consists of two rooms—I went out and informed the policeman—I might have been half an hour with these women before I became drowsy—there was a candle in the room, two chairs, and an old table—I swear most positively that these are the women.
Cross-examined by MR. WOOLLETT. Q. How long have you been in the service of your employers? A. Better than two years—I frequently stop till ten o'clock, it might have been half-past ten that night—the Virginia Plant it a most respectable wine-vaults—there was no place to sit down, I stood at the side-entrance while I was drinking—it may be called a gin palace—it is written up "Wine Establishment"—it might be the bar where I stood—I resisted—I did not call out "Police!"—I thought it was best to get away quietly—I went by compulsion—I dare say I might have called "Police" long enough, they are seldom in the way when wanted—I did not take the liquor by force, but I believe they threatened to throw it over me—I became insensible—I was not drunk.
Plummer. When we were called for, you had to look at us, and you said you did not know but one prisoner, and that was Hill; then we were taken before the Magistrate, and you said you knew us both. Witness. I did not say so.
WILLIAM WILLIAMS (policeman, M 112). On 28th Nov., I was on duty in the Dover-road—I went down Sussex-place, between twelve and one o'clock—I saw M'Donald, Hill, and another girl that I do not know, come out of No. 2—they went away together towards the Bricklayers' Arms.
Cross-examined by MR. HORRY. Q. Can you swear it was not before twelve? A. Yes; I heard the clock strike twelve before I saw them, and the houses were shut up.
Cross-examined by MR. WOOLLETT. Q. What is your beat? A. The Dover-road and Bland-street—there are two policemen there, one on each side—there are a good many public-houses about there.
DANIEL MARCHANT (policeman, M 139). On the night of the 28th Nov, was on duty in the Dover-road, and saw Hill come out of Sussex-place between ten and twelve o'clock—there was no one with her—between one and two I saw Collins come out of Sussex-place with a bundle under her shawl—I saw M'Donald that night, at a little before twelve, in the Dover road, about forty yards from Sussex-pi ace.
GEORGE PURKISS (policeman, M 84). On 28th Nov., at half-past twelve at night, I saw Plummer at the corner of Lower Bland-street—I asked her what she was doing there—she said she had sent some one, I cannot say whether she said a bloak or not—I know her to live at 2, Sussex-place.
Plummer. Q. How have you known it? A. By seeing you go up and I down there frequently.
GEORGE MARSHALL . I am shopman to Mr. Brill, of 168, High-street, Borough. On 29th Nov., between eight and ten in the morning, M'Donald, Hill, and Plummer, came into our shop together—they purchased two gowns, two shawls, and a pair of boots, all new—M 'Donald talked with them, and seemed intimate with them.
Cross-examined by MR. HORRY. Q. Had you anybody in before they came? A. I do not recollect—we had a good many in the course of the day—I had seen Plummer before—I do not recollect seeing the others before—the next time I saw M'Donald was at the station, where I was fetched by Sergeant Goff—I was told the parties were in custody for a robbery—I was to appear against them—I saw them all together—the purchase amounted to 1l. 9s. 9d.—I was to identify the persons who purchased the things—then these five persons were pointed out—I know four of them, two of the women and the two men.
Plummer. Q. You say you have known me? A. Yes; I never heard of your being taken up.
JOHN CLARK . I live in Starr-street, Westminster-road, and am a smith. On 29th Nov. I was at the Cooper's Arms, Tothill-street—I saw Hill M'Donald, and Stevens, about ten in the morning, and another woman, bat neither of the prisoners—M'Donald told me that they had had a touch of 24l., a watch, a chain, and a slum—after that Plummer came and joined the other women—they were all together at last.
Cross-examined by MR. HORRY. Q. What were you doing? A. Standing outside the Cooper's Arms, waiting to see the prisoners come out of the Tower-street station-house—I had no work that day—I work in the Old Kent-road, but at times I wait there in the parlour of the public-house—I had never seen either of the prisoners before that I know of—the way it I began was this; the two men came up to me and asked if I could tell them the Cooper's Arms—I said "Yes"—they went into the tap-room and called for a pint of half-and-half—they had been there half an hour, when Hill and another woman came and called them out—they came to the bar and had a quartern of gin, and they all four went away together—afterwards Hill and the other woman came and had some gin, and went out again, and some time afterwards I was going up the street, I met the same two women—they asked me if I would have anything to drink—I said I did not mind if I did—we then met M'Donald, and went up to the Tower public-house, and there be stated that he had spent 12l. since the night before, and he did not care how soon he spent the remainder, for he did not know where he should be the next day—I said, "Don't you?"—he said, "No, we touched 24l., a watch, a chain, and a slum"—I went then and told the police—when the prisoners were taken I walked to the station with them.
Hill. Q. Where did you meet me on the 29th? A. When you and the other woman came into the public-house and fetched the two men out—after you took the gin you went home with it—as I walked by their side Plummer gave me a sovereign, because she could not swallow it—Stevens and Plummer said they were going to Maidstone, and the others were going to Peckham.
Plummer. Q. Did you not say that two of us said we were going to Guildford? A. I might make that mistake, but I have spoken the truth—I said nothing to you.
JOSEPH DAVIS . I am a shoemaker, and live in Providence-row, Walworth. On 1st Dec. Collins came to sleep at my house—(I knew her sister before)—she had a gold watch, a gold chain and seal, and a mourning-ring—I afterwards questioned her how she became possessed of them—she said she got them from a gentleman—she said a young woman took a gentleman home, and they had a pint of gin; that the gentleman took five glasses, and the last glass was mixed up with snuff, and a young man with her had turned him up—she left my house, as I did not wish her to be there with stolen money—she had money about her, which she said was a portion of the money which was shared amongst the parties there, and then they left the house—the mourning-ring had initials engraved inside—I gave information next morning.
MR. STONE re-examined. That description corresponds with the ring I lost,
MR. WOOLLETT to JOSEPH DAVIS. Q. You knew Collins? A. Not herself—her sister brought her to me—I have known her sister three or four months; she did not live with me—I knew her promiscuously, as I might any other female—Collins came to sleep there, and she made this confession to me—she told me this by my being acquainted with her sister—she told me she took this watch and chain, and ring from a gentleman; she did not say where—I went before the Magistrate last Thursday—Collins was then in custody, she was taken on the Wednesday before—I laid the information before Sergeant Goff, and he had the conducting of this case—Collins was taken on my information, and I appeared the following day—I had made known the case to another policeman early in the morning, after Collins left my house—I lost sight of her from that time.
EMMA WELLBR . I am single, and live at 31, Lower Bland-street I let the house, 2, Sussex-place, for Mr. Good, to Julia Collins, but I did not know her name then—on 28th Nov. she was the tenant—she left it from the time of the robbery.
Cross-examined by MR. WOOLLRTT. Q. How do you know it was her if you did not know her name? A. She and another person came to the house.
CHARLES BURGESS GOFF (police-sergeant. L 8). On the morning of 29th Nov. I saw M'Donald, Hill, and, I believe, Plummer, in Tower-street—I watched them up the street, and between one and two o'clock I saw all the prisoners, except Collins, in company with two others—I followed them some distance—M'Donald left them, I handed him to an officer, and followed the other three, and took them—I asked Stevens who the young man was he had just left—he said he had left no young man—I took him to the station, and asked him what money he had got—he said, "None"—I put my hand into his pocket, and found three sovereigns and 4s.—he said, "That is my own; it is my hard earnings"—on 12th Dec. I took Collins; I found a key on her, which fitted the house, 2, Sussex-place.
Witnesses for M'Donald's Defence.
CATHARINE M'DONALD . I live at 6, Dix's-buildings, George-street, Borough, below the Bricklayers' Arms. I am M'Donald's mother—I recollect Wednesday, 28th Nov.—my son was taken into custody on the Thursday—on the Wednesday night he came home about a quarter or half. past eleven o'clock; he then had his supper, and went to bed; I am certain he went to bed; he put off his clothes in my kitchen—he took the candle and called me to take the light—I took up his coat, and put it on the bed—he left his shoes, and could not find them, for I put them in a cupboard till I came down next morning—at half-past six the next morning a person came with a double knock at the door, and asked if my son was at home—I said "Yes," asked him in, and called my son—I saw the party, and heard the voice—I cannot say whether I have heard the voice since—I could not swear whether any of the parties at the bar look like that party—I asked my son if he should be in to breakfast—he said he would—I came down and gave him his shoes, and he took his coat and handkerchief, and went out—it was not light enough for me to distinguish the party who came for him—my son had a situation in the Bricklayers' Arms—he has been usually employed there.
COURT. Q. Did your husband see your son that night? A. He was gone to bed, but he heard his voice; he asked what time it was—I said about half-past eleven o'clock—nobody saw my son that night but me and a little boy, seven or eight years old—my son slept in the parlour down-stain—I slept up-stairs over him—I did not go out after he came in—the door was never unbolted—he had bread and butter for supper—I think my husband saw him next morning, but I really forget—I think he asked him if he would be in to his breakfast.
JOHN M'DONALD . I am the husband of the last witness. I went to bed about ten o'clock on 28th Nov.—I heard my son come home that night, but I did not see him; I heard his voice—I cannot judge what time it was—I was in bed.
Plummet's Defence. Would the gentleman suffer me and this female to drag him into the house, and not call out? the other persons said they never saw me in the house before that; the last three months I was laid up in Guy's Hospital; the clothes I have on have been given me by different persons; I am innocent of the crime I am charged with.
Hill put in a written defence, declaring her innocence, and that she was mistaken for some other party; that on the night of the robbery she went out about half-past ten, having been out all day ironing, and did not lean home till after seven next morning; that the money found on her belonged to herself, and the duplicate of the shawl to her mother; and that her meeting with Plummer was purely accidental.
(Eliza Lake and Eleanor Carey gave Hill a good character, and William Mason, of Swan-street,—ware-road, and Francis Kelly, gave M'Donald a good character.)
STEVENS— NOT GUILTY .
COLLINS— GUILTY .† Transported for Ten Years.
M'DONALD— GUILTY .† Aged 18.— Transported for Ten Years.
PLUMMER— GUILTY .†Aged 22.— Transported for Fifteen Years ,
HILL— GUILTY .† Aged 19.— Transported for Ten Years.
ADJOURNED TO MONDAY, JANUARY 7TH, 1850.