CENTRAL CRIMINAL COURT.
THIRD SESSION, HELD JANUARY 7TH, 1850.
MINUTES OF EVIDENCE,
Taken in Short-hand
JAMES DROVER BARNETT
33, Southampton-street, Strand.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, January 7th, 1850, and following Days.
Before the Right Hon. THOMAS FARNCOMB , LORD MAYOR of the City of London; Sir John Patteson, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Thomas Noon Talfourd, Esq., one of the Justices of Her Majesty's Court of Common Pleas; Sir John Key, Bart.; Charles Farebrother, Esq.; Thomas Kelly, Esq.; John Humphery, Esq., M.P.; Michael Gibbs, Esq.; John Kinnersley Hooper, Esq.; Aldermen of the said City; the Hon. Charles Ewan Law, M.P.: Recorder of the said City; John Musgrove Esq.; Thomas Sidney, Esq. M.P.; Robert Walter Carden, Esq.; Aldermen 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.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
FARNCOMB, MAYOR. THIRD 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, January 7th, 1849.
PRESENT—the Rt. Hon. the LORD MAYOR; Mr. Ald. GIBBS; Mr.
RECORDER; and Mr. Ald. SIDNEY.
Before Mr. Recorder, and the First Jury.
NOT GUILTY .
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
JAMES DODSLEY TAWNEY . I am an attorney, I have had business in which the prisoner was concerned—I think I sued him twice for breach of contract, and twice for recovery of a debt; he was a horsedealer near Rugby—I kept my horse, which I drove myself, at Osborne's in Gray's Inn-lane—I very often saw the prisoner there—I knew him to frequent that place—I never had any quarrel or difference with him; in the latter part of April, or the beginning of May last, I had instructions to sue him for 8l. 15s., at the instigation of Messrs. Tattersalls'—I waited till I saw him, before I issued process against him—I saw him at Osborne's—he at first said, Mr. Tattersall said he would not pay the debt, because it was a hone which turned out to be a roarer—I saw him again, and he promised to pay in about a fortnight—I waited till the time he mentioned and long after, till 21st June—when I issued the writ, I kept it, I did not send it to Rugby—I met the prisoner on 27th June, at Osborne's—I said I had waited all that time, and had been at last compelled to issue the writ, and I would not send it down if he would accept service of it in London, which he agreed to—on the afternoon of the same day I gave him the writ, and saw nothing more of him till 13th July—he did not appear to the writ, and judgment was obtained on 2nd Aug.; I saw him some time after—execution was issued, but was not sent
down—I do not know whether I saw him until after I had ascertained that he had filed his petition—at the time 1 served him with the writ I said, "To show you I do not wish to put you to expense, pay it now without the expense of the writ, and I will take it"—he filed his petition under the Protection Act—I was instructed to oppose it by Mr. Phillips—the amount of his debt was I think 35l.—on 3rd Nov., while these proceedings were contemplating, I was at Osborne's in conversation with Mr. Banks, the junior partner in Mr. Osborne's firm, in the yard close to my horse; my servant was holding my horse, which was in my gig—I went into the counting-house to speak to Mr. Banks—I was in the middle counting-house, and Banks and the defendant in the inner one; there are three—the moment I entered, the defendant said, "Mr. Tawney, you have served Banks with a subpoena"—I had not done so, and told him so—he said he was indebted to me for all the opposition—I told him he was wrong, that he would find he was opposed by other persons than my clients—he offered to lay me 50l. he would not be opposed by any party but me—I told him I did not lay wagers at all—he said he was quite satisfied there would be nobody but me—I said he was quite wrong, and he would be opposed by other persons, and he insisted on knowing for whom I was going to oppose—I said, "That is my business"—he said, "If I had given you such an answer, you would have said it was impertinent"—I said, "Very well then, you must charge me with impertinence"—he had asked the question in a very authoritative tone—that was all the conversation that passed—he passed through the inner counting-house towards the yard—after I supposed him gone, I went into the outer counting-house to speak to Mr. Banks, and there I saw the prisoner standing with these two hunting-whips in his hands (produced, one had an iron hammer for the handle)—he held the cane-handled one towards me, and said, "Take that"—I said, "Why am I to take it?"—he said, "You take it"—I said, "I shall do nothing of the kind"—he walked out of the counting-house with the iron-handled whip in his hand, and walked a few yards from my gig which was standing at the door—I saw him wrap the thong round his hand, so as to make it quite tight—the lash was twisted round his hand—I waited some time by the door—I could hardly believe his assaulting me is my state of health, and I waited some minutes to give him time to reflect—I then proceeded towards my gig, and as I was about to step into it, I felt several blows on my back and shoulders from behind—I had nothing is my hand to defend myself with—after he had struck me several times, I turned round and put my hands up to my head—Mr. Banks came, caught him round his waist, pulled him away, and said, "Good God! Harvey are you mad"—the prisoner dashed Mr. Banks away, as if he had been a child—he seemed very much out of breath, and leaned against the front of the counting-house with the whip in his hand—I said, "You will have to account for this"—he said, "Yes, I know I shall have to pay for it, and I am d—d if I do not give it you; you accused me of stealing your pencil-case"—I said, "I never accused you, or thought of such a thing"—I got into my gig, and when I was in, he gave me a tremendous blow on the back—I staggered on, and he kept beating me all the time with the same weapon—I did not see anybody take him away again, he was behind me—I was obliged to stand up, as I am now—I was in great pain in sitting down, and as soon as I had started my horse I felt a blow on my head which stunned me—the stunning was momentary, and 1 felt him beating at my head—the reins got from me, and the horse ran out of the yard—the prisoner pursued me quite into the King's-road—my groom is quite a little boy—I
saw the defendant going down the yard—I sent the boy for a policeman, but before the policeman arrived he had escaped—I went home—I was not attended by a medical man that day—I got very bad at night—I was very sore from the bruises, but did not feel it affect me internally till night, when I thought I should have died—I sent for my surgeon—I am labouring under a disease of the heart—the defendant knew that; he had frequently conversed with me about it—I am still suffering dreadfully under the effects of this outrage—my arm is in a sling—that is from a blow I got when in my gig, in turning round to save my head.
Cross-examined by MR. BALLANTINE. Q. When did the prisoner go up for his discharge at the Insolvent Court? A. He did not go up—he was to have gone up on 6th Nov.—I was there—I did not walk there—I remained some hours, in great pain the whole time—I have agents, who act for me in London—I carry on no business in London besides an attorney—I am not a horse-dealer—I buy horses; I keep four or five for my own use—I have known the prisoner as dealing in horses—some years ago he bought a black pony of me—I met him in the park, to the best of my recollection, on 28th or 30th Oct.—I was driving in my gig; I pulled up, and spoke to him—he showed some symptoms of stopping, and I stopped—I think he had a letter in his hand—it is very likely I might have seen him at times without speaking—I do not recollect that we were in the habit of passing without speaking—I do not think I saw him many times after I told him I should oppose him; I do not think I saw him above once or so—I said to him, "Harvey, I have had the ill-luck to lose a pencil-case I set great store by; I do not recollect using it since Saturday, but I was in Osborne's counting-house on Monday; you were writing there, did you happen to see whether I used a gold pen or not?"—that was all I said—I do not know that we had met before that—I saw him once at Mr. John Anderson's, where he was employed, and he asked me to go up and have some sherry, which I was surprised at—I did not go and have it—I do not remember that we saw each other and cut each other; certainly not on two or three occasions, that I recollect—he was walking, when I saw him in the park—he held up the letter, and said, "Are you going up to Phillips's? I shall be much obliged if you will give this letter to Phillips; this is a letter which he asked me to write"—I said I was going another way—I had never said anything more about the pencil-case before he struck me—I did not go before any Magistrate, I was too ill to attempt it—I was at the Insolvent Court afterwards for a whole day, but that would not excite me like this—I went behind his back before the Grand Jury—my medical man told me I must be as calm as possible—the prisoner disputed the account at Tattersall's altogether—he never offered me 5l. (The witness, on attempting to leave the box, suddenly fell, and died on the floor of the Court almost immediately.)
GUILTY . Aged 48.— Confined One Year.
NEW COURT.—Monday, January 7th, 1850.
PRESENT—Mr. Ald. HUMPHERY; Mr. Ald. HOOPER; Mr. Ald. CARDEN;
Before Edward Bullock, Esq., and the Fifth Jury.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 24.— Confined Eighteen Months.
WILLIAM BOWDEN . I am a printer, of Princes-street, Red Lion-square. The prisoner applied for work at my office on 6th Dec.—he worked for me on the 6th, and on the 7th, which was Friday—on that day, as I was going up-stairs to tea, about five o'clock, he met me in the passage, and asked me to let him have some money to get his tea—I told him to remain till I came down, and I would give him some—I was gone about half an hour, and when I came down he had gone out—he returned in about a quarter of an hour—I asked where he had been—he said to get half a pint of beer—I paid him what was due to him, and requested him to come the following day; he did not come—about eight o'clock on the Saturday morning I went into the office, and missed some type—I met the prisoner at five the evening before, without his coat—I have not seen the type since; it has been melted down: it was worth about 4l.—I saw the prisoner again, from twelve to one on Saturday night, at his own house—1 had found out his residence, and went there and waited till he came home.
Cross-examined by MR. O'BRIEN. Q. Had you any other workers there that day? A. Yes, there was one man there at the time the prisoner left the office, and after he left—the other man ceased to work the same time the prisoner did, about eight o'clock, but the prisoner left first—when the prisoner was taken before the Magistrate, on the Monday, he obtained leave out, and came back on the following Wednesday I think—there was a large quantity of type about my office—this type was pica, not very large.
SUSAN NORGROVE . I am in the prosecutor's service—I was in the parlour—I could see into the office—I saw the prisoner there—Mr. Bowden went to his tea about five o'clock, and directly afterwards the prisoner put on his coat—I saw him put his hand down seven or eight times to where the type was, and put his hand into his coat-pocket and into his trowsers-pocket—I saw paper in his hands, and he saw me—somebody then came in, and wanted my master—I wanted to send one of the children for my master, and the prisoner would not allow me—I left the parlour, and left him in the printing-office.
Cross-examined. Q. There is a great deal of paper in a printing-office? A. Yes; each time the prisoner took the type he began to sing—there was a compositor in the office, he had his back to him—he remained there after the prisoner went away.
JOHN HAMILTON . I am in the service of Mr. Richardson, a printer's broker. The prisoner came between two and three o'clock on the Saturday after he took the goods from Mr. Bowden—I had never seen him before—my master was present, and the prisoner asked him if be would buy some type—my master said he had no use for them—the prisoner said he would go and fetch them—he went, and came back—my master was not in then—he had some pica type in his hand, wrapped up in brown paper, in a page—he said he would call again—he did not come back.
Cross-examined. Q. Where is your matter now? A. At 23, Fleet-lane. I know what long primer is—I do not know what brevier is—I never examined type before—I did not take it in my hand, only looked at it—I was brought to the police-office on the Monday following.
BENJAMIN PAVYER . I am a type-founder. On 8th Dec., I purchased some type—I could not positively swear of who, as I had two customers there—I entered the name of the person who brought it In my book, "John Paul, 8, Harrison-buildings, opposite the London Hospital, 30lbs., 4s. 6d."—it was what we called pie, mixed with leads.
GUILTY . Aged 32.— Confined Twelve Months.
GUILTY. Aged 33.—Recommended to mercy by the Prosecutor. —
Confined One Month.
CHARLES COLLINS . I am in the employ of the Railway Company. On the evening of 22nd Dec., I was on the bridge, which is part of the line at the back of the Swan at Highbury—I put six pounds of candles on the abutment—I used some of them before I went, and left the rest there—any person might go there, but they had no right to go—I left about a quarter before eleven o'clock—they were for the use of the bricklayers, who were working all night—they were Messrs. Gregson's candles—I left the prisoner there, he was in Messrs. Gregson's service—I went back about a quarter before twelve, there were then only four candles left—the prisoner was there, I told him the candles were gone—he said I had no business to have left them there, I knew they would go—he had been working there, but was not then.
Prisoner. Q. Did you give me the candles that night? A. I always gave you the candles to take care of before that evening, but I did not that night.
JOHN MILES (policeman, N 110). I saw the prisoner on 22nd Dec. coming out of the Holloway-road from the back of Highbury-terrace, about four hundred yards from the bridge, with a sack on his shoulder—I asked what it was—he said coals, that he had picked up—I saw he had something in his bosom—I said, "What is this?"—he said, "That is my grub"—I found it was twelve candles—I asked him how he came by them—he said he had had them given him by the foreman—I took him to the foreman, and he said he gave him none, and he was not allowed to take them.
WILLIAM ROWBOTTOM . I am clerk to Messrs. Jonas and George Gregson, contractors for the new Railway—I delivered Collins six pounds of candles on the evening of 21st Dec.—these produced are part of them—we have a particular mark of two red threads in the wick—I swear to them.
Prisoner. I had the candles to take care of.
GUILTY . Aged 45.— Confined One Month.
GUILTY . Aged 30.— Confined Six Months.
GUILTY . Aged 17.— Confined Six Months.
EARLEY pleaded GUILTY . Aged 30.
YATES pleaded GUILTY . Aged 23.
Confined Four Months.
GUILTY . Aged 31.— Transported for Seven Years.
MARY ANN MARSHALL . I am servant to Miss Hill, who lives in Regent-street—we deal with Mr. Hember for milk—the prisoner used to bring it, I used to pay her—the last I paid her, was 1s. 1d. on the 17th Dec.—I paid her 1s. 1d. the week before that, and 1s. 1d. the week before that—I have paid her that sum weekly for two months.
ANN HEMBER . I am the wife of John Hember, of 42, Great Castle-street, dairyman—the prisoner was in his service to carry out milk and to receive money, and she was to pay it to me every evening—on 17th Dec, she accounted to me for 7d. from Miss Hill—she said nothing about the rest—she never once accounted to me for more than 7d. a week from Miss Hill.
(The prisoner put in a written statement of her having been employed sixty-nine weeks, at 3s. 6d. a week, amounting to 12l. 1s. 6d., of which she had received at intervals 4l., leaving a balance of 8l. 1s. 6d.; which when she demanded, her master and mistress accused her of dishonesty.)
COURT to MRS. HEMBER. Q. Did the prisoner ever tell you she kept the sixpence back for her wages? A. No; she never asked for her wages—she wished me to keep them, and let her have it at 1l. at a time.
GUILTY . Aged 26.— Confined Three Months.
298. In the case of GEORGE STEVENSON , indicted for stealing 1 pair of boots, value 9s. 6d., the goods of John Crabb ; upon the evidence of MR. M'MURDO, the surgeon of the gaol, the JURY found the prisoner not of sound mind, and incapable of pleading.
OLD COURT.—Tuesday, January 8th, 1850.
PRESENT—Mr. Ald. HUMPHERY; Mr. Ald. GIBBS; Mr. RECORDER.;
and Mr. Ald. SIDNEY.
Before Mr. Recorder, and the Second Jury.
GUILTY . Aged 24.— Confined One Month, and then Transported for Life
GUILTY . Aged 27.— Confined Three Months.
Upon hearing MR. CLARKSON'S opening, the COURT inquired whether any threat had been made to any individual, and finding that the threats only applied to the Hudson's Bay Company as a body, considered that that was not an offence within the meaning of the Act of Parliament, and directed a verdict of
NOT GUILTY .
JOHN THORNETT . I am in the service of Mr. Edward Biggs, of Willesden. He had a black gelding with a white mark down his face, which I saw safe in his field on Sunday 16th Dec. at four o'clock in the afternoon—there were two gates to the field, one was locked, and the other was fastened by a chain, and a T link and three rings—I went to the field at five, and missed the gelding—the gate had been unfastened—the horse had lost a shoe—I tracked it to Highgate toll-bar, and there found the policeman with the prisoner and the horse—the prisoner has worked for Mr. Biggs five years, and had left three weeks before this, through misconduct.
WILLIAM EARDLEY . On 16th Dec, between fire and half-past five o'clock, I was passing along Mill-lane, about one hundred yards from the prosecutor's field, and saw the prisoner on a horse—I wished him good night, he muttered so that I could not understand him, which gave me suspicion that he had come wrongly by the horse, and I gave information—there was no saddle on the horse, I did not notice whether he had a bridle—it was a black horse with a white graze down the face.
HENRY EDWARDS (policeman, S 128). On Sunday 16th Dec., I was on duty in Maiden-lane, Holloway—about half-past six o'clock I saw the prisoner leading a horse—I asked whether it was his—he said, "No"—I asked whose it was—he said it belonged to Mr. Smith, of Stockwell Mills, St. Albans—I asked where he was going to take it to—he said to the backer's in Maiden-lane—I asked the name of the knacker, he said he did not know—I suspected it was wrong, and took him to the station—he there said Mr. Smith had given him 5s. to take it to the knacker's, but be did not know the name—next day I found it belonged to the prosecutor—Maiden-lane is nearly five miles from Willesden.
Prisoner's Defence. I never took the horse out of the field.
GUILTY . Aged 21.— Transported for Seven Years.
JAMES BROWN . I am a waiter at the Gloucester Hotel, Piccadilly, which is kept by Thomas and Frederick Dale. They live in the hotel—on 30th Dec., between three and four o'clock in the afternoon, I was in the coffee-room, standing behind a sideboard—I turned round to look at the fire, and saw a shadow on the wall—I stepped forward to see who it was, and saw the prisoner with a parcel in his hand, leaving the coffee-room—as I passed out of the door after him I saw that the plate-basket was empty where the spoons
ought to have been—I caught the prisoner by the collar, and he directly dropped the spoons—I asked him what he meant by doing it—he said he had got nothing of mine that was not his—I saw the barmaid pick up the spoons; there were twenty-six, worth 13l.—they are silver, they belonged to my masters—I had seen them safe about three—the basket was standing in the pantry, which is just inside the coffee-room door.
GUILTY .* Aged 20.— Transported for Seven Years.
304. LETITIA MUMFORD , stealing 1 shawl, 1 cape, 1 gown, 1 scarf, and other articles, value 5l. 12s.; the goods of David Woollams, her master, in his dwelling-house; and > GRACE HUGHES , feloniously receiving the same: to which
MUMFORD PLEADED GUILTY . Aged 20.—Recommended to mercy by the Prosecutor, and received a good character from a witness, who engaged to take her into her service.— Confined One Month
MR. BODKIN conducted the Prosecution.
ELIZABETH WOOLLAMS . I am the wife of David Woollams, of George-street, Euston-square. He is one of the Opera Company—we formerly lived in Huntley-street, Bedford-square—while living there I took Mumford into my service as general servant—soon after, I had occasion to leave town—I left her in charge of my apartments—I returned on 9th April, and she had then left the house—she had not given me any notice—I examined the place next morning, and missed dresses, shawls, capes, boots, shoes, and under-clothing of every description—we only occupied the first-floor and kitchen, the owner of the house occupied the rest—Mumford had the keys to our rooms when we went into the country—I have since seen a silk cape, a satin cape, and two merino dresses—they are all my property, and are only a small portion of what I missed—I have lost altogether above 20l. worth.
DAVID WOOLLAMS . My wife went into the country—I did not go with her, but went on Good Friday, to fetch her home, and returned on Easter Monday—I left Mumford in the house—some time after this I saw Mumford in Holborn—I desired a person to follow her, and in consequence of what that person reported I went in the evening to 18, Serle's-place, and found Mumford there—in consequence of what she said I called in a policeman, and gave her in charge.
JOHN PARKS (police-sergeant, E 14). On 15th Dec. I went with Mr. and Mrs. Woollams to 8, Hunt's-court, Castle-street, Leicester-square, and found Hughes there—I said to her, "You must consider yourself again in custody for being concerned, with Letitia Mumford, in robbing Mr. Woollams on 9th April"—she said she knew nothing at all about the robbery, she had nothing to do with it, and she knew nothing at all about Letitia Mumford—she said I might willingly search her place, that she had nothing but what she had bought and paid for—I said, "You have some collars"—she said they were gone to the laundress—I asked where the laundress lived—she said somewhere the other side of the park, she could not tell me her name, or the street she lived in—I said, "Will you let me look at the duplicates?"—she handed me ten in a purse, and two of them refer to articles named in the indictment—one is for a cape, pledged at Mr. Brown's, 4, Ryder's-court—I
went there with the prosecutrix, and the identified the cape—we then returned to Hughes's house—I said to her we had been to the pawnbroker's, and had found a cape, which Mrs. Woollams had identified, and I said I must have a final search of her place—I proceeded to search, and in a drawer I found this petticoat, which Mrs. Woollams identified—Hughes said she had bought it in Petticoat-lane.
WILLIAM WILDER . I am in the service of Mr. Brown, a pawnbroker, of Ryder's-court. I produce a gown and cape, pledged on 15th Oct., I do not know by whom—I find a corresponding duplicate among these produced by Parks—I have also a gown and shawl pledged on 10th April, a sheet and table-cloth on 4th April, and a sheet for 2s. 6d. on the 3rd—I cannot swear that they were pledged by either of the prisoners, but I know that they were both in the habit of pledging, and Mumford used to pledge in the name of Woollams.
Cross-examined by MR. BALLANTINE. Q. Which is the only article the duplicate refers to? A. A gown and cape, for 8s.—the cape is not identified.
HENRY PEARSON . I am in the service of Mr. Clark, a pawnbroker, in LONG ACRE. On 9th April this child's merino dress(produced) was pawned at our house, in the name of Ann Brown—Hughes has been in the habit of pledging at our house, but I do not know that she pledged this article—I produce a scarf, pawned on 23rd July, in the name of Mary Smith—I am not certain whether Hughes is the party that pledged it or not—one of the duplicates produced by Parks refers to it—I know nothing of Mumford.
Cross-examined. Q. Have you other persons in your employment? A. Yes.
ARTHUR SAXBY . I am in Mr. Clark's service. I took in the scarf—I do not know who pledged it; it was a woman—I have seen Hughes at the shop, but not Mumford, to my knowledge—the foreman Symons attends to the business as well—he is not here.
MRS. WOOLLAMS re-examined. The things produced are all my property, and part of what was stolen—this petticoat is also mine—I can swear to it.
Cross-examined. Q. What is it you know it by? A. It has a linen band—it is not a proper petticoat, but made out of an old dress—a linen band is not an uncommon thing in a petticoat, but there is my own work in it, which I swear to.
JOHN PARKS re-examined. I found the petticoat in the drawer of a chest of drawers, with some stockings—there were no other petticoats there—Hughes was in the room at the time—it had been spoken of before, and I asked where the petticoat was that was produced when I saw her before—she said it was in the drawer—I opened the drawer—she then pointed it out, and I took it out myself—she then said she bought it in Petticoat-lane—Mrs. Woollams was present at the time.
MRS. WOOLLAMS re-examined. She merely said she was quite positive it was not mine, that she had bought it in Petticoat-lane.
LETITIA MUMFORD (the prisoner). I was in Mr. Woollams's service; I remember him going out of town to fetch his wife home; I took the things out of the drawer when Hughes's niece, who lived with the landlady, was with me; I took the things to Hughes's sister at half-past twelve o'clock on Easter Monday, and she took them all away; I did not have anything that was worth a halfpenny; I then went into the country with her persuasion, and she borrowed 12s. of a young man I know, for me to go; I do not know what induced me to take the things; I had been acquainted with Hughes
about nine months; she is a waistcoat-maker; I did not see her after Mrs. Woollams left town; I gave up the company altogether; I never saw her till I saw her at the police court; I saw her before I went into the country; I took the things all at once, and left them all at her sister's; I did not go home; my father and mother knew nothing of it, and I was afraid to tell them; she got me a lodging at a fortune-teller's; she afterwards told me that the policemen were after me, and I was frightened, and she said she would go to my mother and ask if I might go to my aunt in the country; she came back and said my mother said I was to go directly (and my mother said no such thing); I then went, leaving the things at Mrs. Ganzoni's, her sister's; the prisoner was there then, and her niece also; the things were tied up in a bundle; it was not opened; I had not time to do so; I never pawned or sold any.
Hughes's statement before the Magistrate was read as follows: "I did not say anything about what Letitia Mumford has stated; I did not know she had robbed her mistress, or that she was in the situation; I never pledged at Mr. Clark's at all.
HUGHES received a good character.— NOT GUILTY .
JAMES NIXON . I live at 10, Albany-street, Regent's-park, and am a partner in the University Loan Society, which is held at 3, Gower-street North. The prisoner called there some nine months ago, and borrowed 5l.—he came again about 10th or 12th April, and wanted a further loan of 5l.—he applied for a form, for which he paid 2d., and I told him to put down the name of the security, and it would be enquired into—he then left the office, taking the form with him—he called a third time, and brought a man with him who he represented as John Bolton, bis security for the loan—the 5l. was then granted, deducting five per cent. interest, and Bolton signed the note in the prisoner's presence—this is it(produced)—the prisoner signed it and handed it to me—the payments were not duly made, and in consequence we endeavoured to summons Bolton, who had put his name as security—the prisoner then said the real Bolton did not sign the note, but he would endeavour to pay the money himself by instalments—he gave Bolton's address as 8, Church-row, Camden-town—I endeavoured to find him—there was no such person living there.
Prisoner. Q. Do you mean to say I ever had the promissory note in my hand, and presented it for the 5l.? A. Decidedly; there is your name to it—I went to Thames-street, to make inquiry about Bolton about the 16th—I saw Mr. Bolton's master, Mr. Palmer; the answers I received were satisfactory; Mr. Palmer gave me Bolton's address as 18, Church-row, Camden-town; I went there, found it satisfactory, and the money was lent—I had not seen the real Mr. Bolton before the note was signed—a woman answered the door at 18, Church-row, who said Bolton had been gone away about a week—I stated before the Magistrate that the man was present when you signed the note—I can hardly say now what sort of a man he was, it is so long ago, but I should know him again—he was about fifty years old—I should say there is 10s. or 12s. paid off the second loan; I am not certain except by the books—I witness the signature of the person that signs at the time the money is lent—when the real Mr. Bolton was summoned, you said
it was not his signature, and the summons was dismissed—you said it was only a misdemeanor, and we could do nothing in it.
EDWARD LAWSON (examined by the prisoner). Q. About 13th or 14th April, do you remember my applying for a second loan; I had borrowed one 5l. on Miss M'Namara's security, and applied for a second loan, and asked if there was any objection to a respectable lodger as security? A. I have no doubt, if you applied to me in that way, I forwarded your words to the committee—I called at Mr. Bolton's and made inquiry; no one was with me—I called on my return from Blackheath—I went to Thames-street, and saw two persons who I supposed to be porters—they said that Mr. Bolton was engaged there, and I was satisfied—I did not get his private address there—you gave it me as 8, Church-row, Camden-town—I went there, and finding he did not reside at that house, I came away without making any further inquiry—we felt satisfied with his holding a situation in Thames-street—you received the money on the Wednesday evening—I recollect your coming that evening with the person you stated to be Bolton—the gentlemen were all sitting round the room at the time—I do not remember Miss M'Namara applying for a loan of 10l., and afterwards becoming security for you for 5l.—I know she was security for you for 5l.—I was not aware that she had half of that loan—I never saw the real Mr. Bolton, I thought it was the Bolton of Thames-street that signed the note—it was to him we gave credit, and not to any other Bolton.
JOHN BOLTON . In April last, I was employed in business in Thames-street, and resided at 18, Church-row, St. Pancras-road. This "A. Bolton" to this promissory note is not my signature—I never authorised any person to put my name to it—I was never applied to to do so.
Prisoner. Q. Do you recollect about March last hearing from your sister-in-law, Miss M'Namara, that I had borrowed 5l., and she was security? A. No; she never asked me to become security for 5l.—last Nov. twelvemonths you called on me in Thames-street, and applied to me to accept or endorse a bill—I told you I knew nothing of the transaction, I would make enquiry to know if you had been sent—I made inquiry of the party, and they said they had never authorised you to call on me—I never saw the bill.
JOHN JAMES HOWSE . I was a partner in this University Loan Society. This promissory note was signed in my presence on 18th April by a person calling himself Bolton—he then handed it to the prisoner, and he wrote his name on it.
WILLIAM SMITH (policeman, E 50). I apprehended the prisoner in Judd-street on 13th Dec.—I told him he must consider himself my prisoner on a charge of forging a promissory-note for 5l.—he said "Very well;" it was close at home; he wanted to go in doors—I said, "No, I can't let you go in doors—he said, "Oh, you need not be afraid of my running away; I have consulted my solicitor on the subject, and he says it is only a misdemeanor; you should apprehend the party who committed the forgery."
Prisoner. The policeman has in his possession my loan society book; I have paid 1l. 12s. and 1l. 13s. to the society.
JAMES NIXON re-examined. The society has received no money from the sham John Bolton—the prisoner has received three loans; two of 5l., and one of 7l. 10s.—he is talking about the instalments he paid on the other two loans, not on this one.
Prisoner's Defence. I sent up money at intervals, thinking it would be put down in one of the books; in March last, I became acquainted with Mr.
Bolton's sister-in-law, Miss M'Namara; she was security for me for 5l.; I gave her half of it, and she agreed to pay 1s. 0 1/2d. a week with me; she was in difficulties at that time, and the brokers were in the house; my wife went backwards and forwards to work there; she asked my wife to ask me if I thought the society would lend 5l. more if she got a security; I said I thought they would, and I got the form-paper filled up with Mr. Bolton's name and address as I was informed by his sister-in-law: he was accepted as security, I knew nothing of him or his address till I had it from his sister; consequently I understood that Mr. Bolton of Thames-street, or Church-row, would be the person to sign the note; on the Wednesday, a man came to my house and asked if I had not made application for a loan for Miss M'Na-mara; I said I had done so, and I believed Mr. Bolton, her brother-in-law, was the party that was to be security; he said, "My name is Bolton, and if you will step to the office now, I can sign the note; I don't know whether my sister is to have half the money;" I said, "Yes," and he went with me at half-past six, and signed the note; I went again at eight o'clock and got the money; I afterwards went to Mr. Bolton respecting the endorsement of a bill for Miss M'Namara, and then I found it was not the Mr. Bolton who signed the note; I have no idea of the man who signed the note; I was not aware that there was anything wrong, or I should not have attempted to send to Thames-street for his security.
JOHN BOLTON re-examined. It was last Nov. twelvemonths that the prisoner applied to me to endorse the bill, long before this loan—he knew me perfectly well by sight, as well as he knew any member of his own family.
GUILTY . Aged 42.— Transported for Seven Years.
(Inspector Brennan stated that the prisoner belonged to a gang of swindlers.)
NEW COURT.—Tuesday, January 8th, 1850.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. HUMPHERY; Mr. Ald.
HOOPER; Mr. Ald. CARDEN; and EDWARD BULLOCK, Esq.
GUILTY Aged 19.—Recommended to mercy by the Prosecutor. — Confined
GUILTY .* Aged 18.— Transported for Seven Years.
GUILTY . Aged 19.— Confined Two Months.
GUILTY . Aged 22.— Transported for Seven Years.
GUILTY . Aged 25.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
WILLIAM QUESTED . I am a corn-dealer, of the Harrow-road. On 20th Dec, the prisoner came to my place for half-a-quartern of flour, which came to 3d.—he threw down a half-crown—I tried it with the money-detector—I found it was bad—it broke—I threw one part of it on the counter, and said, "What do you think of that?"—he looked at it, and said, "I will soon fetch you another"—he took the piece and went out of the shop—I kept the part I had broken off—I desired a lad to watch the prisoner; he did so, and returned to me—the prisoner did not come back with the good one—I gave the broken part of the half-crown to the policeman at the station-house—this is it—I did not mark it.
ROWLAND WILDER . I am a butcher, of 121, Edge ware-road. On 20th Dec, the prisoner came to my shop about six o'clock, for a pound of bee steak—I served him; it came to 7d.; he offered me a half-crown—I said "This is a bad one, is it not?"—he said, "I think not"—Pitt, who was in my shop, said, "This is a rank one"—I got the half-crown back from Pitt—I am sure it was the same—I gave it to the policeman who came in directly—this is it—I bit it; here is the mark now.
GUILTY . Aged 19.— Confined Six Months.
MR. ROBINSON conducted the Prosecution.
JOHN PASSMORE MUMFORD . I am superintendent of police at St. Katharine's Docks. On 29th Dec. I passed the east end of the "C" warehouse—I saw the prisoner standing against the wall near a box, doing something to the front of his dress—he came past me, and I called after him to stop—he did not, and I stopped him, and said, "What have you got here?" pointing to the front of his dress—he said, "O! Mr. Mumford, I was going to put it down these steps"—I found this lead on him—he said he found it in the privy—it is branded—it was entirely concealed by his coat—the Dock Company had such lead on the quay in front of the warehouse, and the brand on it was the same as is on this—I took the prisoner to the principal gate—he had not been at work in the Docks that day; he had no business there.
Cross-examined by MR. HORRY. Q. This lead was not secured in any way? A. It was piled up on the quay—the prisoner was from fifty to seventy yards from it—when I asked to see it, he pulled it out—there were none of the Dock officers between where the lead was and where I stopped him—there is a privy near where he was taken, but it is down some steps.
WILLIAM STEVENS . I am an export foreman in St. Katharine's Docks. I landed eighty-eight pieces of this metal at the "C" quay—I examined them after the prisoner was taken, and there were only eighty-seven pieces—this piece has the same mark on it that they had.
GUILTY . Aged 43.— Confined Three Months.
MESSRS. CLARKSON and COCKLE conducted the Prosecution.
GEORGE JOHNSTON . I am foreman to Mr. John Passmore Smith, a tea-dealer, in Coventry-street, Haymarket. The prisoner was in his service, and lived in the house—he had a salary of 20l. a year, and a commission of 1d. a pound on tea, and 1/2d. pound on coffee—he went out with the cart to solicit orders, to deliver goods, and receive payment for them—the orders he gave in at the shop were generally entered in the rough waste-book by me, from his book or from his word—from the rough waste-book we prepared the way-bill—the articles were called over to the prisoner, and it was his duty to see that they were rightly called over—when the money was not paid for the goods on delivery, it was the prisoner's duty to place in the margin of the way-bill the word "dep"—it signified debt, or delivered—it meant that he did not get cash—it was his duty to check the way-bill with me every day, and pay the money marked in the fifth column to me or to Mr. Smith—those which were marked "dep" were carried from the way-bill to the day-book, and from there to the ledger, as a debt against the customer, till the time that that debt was paid—this is the way-bill of 15 th Oct.—I made it out, and delivered it to the prisoner—here are three parcels of goods delivered to Mr. Almond on 15th Oct., amounting to 7s. 8d.; and opposite that sum, in the fifth column, is the word "dep," in the prisoner's writing—this bill was handed to me in the ordinary way—here is the way-bill of 29th Oct.—it is in my writing—here is an entry of three parcels delivered to Mr. Almond, amounting to 7s. 8d., and in the fifth column here is written "dep," in the prisoner's writing—he did not account to me for any money received from Mr. Almond on 15th or 29th Oct.—it remained charged to the customer, as the cash-book would prove, it is not here—here is a receipt of the prisoner's on 29th Oct., when the second parcel was delivered, it is the prisoner's writing, it was not attached to the account when the prisoner delivered it to me—he has never accounted to me for it since—we have a customer named Miss Parker—in this way-bill of 3rd Nov. here is an account of goods amounting to 7s. 3d.; the prisoner received them to deliver to her—I prepared this way-bill, and opposite this sum here is, in the fifth column, in the prisoner's writing, "dep"—if he received that money, he never accounted for it to me—we have a customer named Miss Carter, of 4, Kensington Park-villas—this way-bill of 9th Nov. is my writing—I delivered to the prisoner on that day one parcel for Miss Carter, of tea and other things, value 2l. 3s.—the prisoner has put against it "dep"—if he received that money, he did not pay it to me—if he went there next day to get it, we did not send him there, and he had no business to go—I have the way-bill of the following week, to show that he did not account for it.
Cross-examined by MR. WOOLLETT. Q. Here is sometimes "dep," and sometimes "paid," was that at the option of the prisoner? A. Decidedly not—it was the duty of the prisoner to put "dep" if they were not paid for, but if a person came into the shop and ordered goods, and paid for them, he put "paid"—that means paid before delivery—here is 7s. 3d. to Miss Parker, on 3rd Nov., in the order-book—if the prisoner did not receive the money for
the goods, he was to enter "dep," and he has done so in each of these items—it is a false entry—here is the word "paid" on these receipts—if he was paid 7s. 3d. on 3rd Nov,, it was his duty to put 7s. 3d. in the margin—these dates on these receipts, Oct. 15th, Oct. 29th, and Nov. 3rd, are the dates when the goods were delivered—the prisoner was discharged on Saturday, 10th Nov.—he had a quarter's wages owing to him—I do not know that he was to collect some sums that were outstanding after he was discharged—I gave him a list of debts, but it was to ascertain whether they were paid or not—that has nothing to do with these charges—there were certain outstanding debts placed in that list—I do not know that he was to collect certain debts after he was discharged—if the list was given to the prisoner, it was on the assumption that he had not received the moneys, but it has been proved that he has received them—I do not know that the prisoner has received them—I have no doubt but he has—I think it very likely he has.
MR. CLARKSON. Q. Why were not his quarter's wages paid? A. Application was not made to Mr. Smith for them—I do not know whether he knew that they were due—a list was given to the prisoner of customers who were supposed not to have paid, customers whom he refused to give the address of—Mr. Smith and myself applied to him for it—they amounted to 26l. or 28l.
MARY WALTON . I am servant to Mr. Almond, of St. Ann's-villas, Notting-hill. On 29th Oct. I paid the prisoner 15s. 4d.—this is the receipt in his writing—he delivered it to me on 29th Oct.—I cannot read—I received three parcels of goods from him a fortnight before that, and three others on that day, and paid him 15s. 4d.
Cross-examined. Q. How do you know it was this piece of paper, if you cannot read? A. Others saw it—I produced the bill at the Police-court—it was taken possession of by Mr. Beresford—the prisoner had been many times to our house—he always delivered a bill, but he did not receipt it till I paid him.
MR. CLARKSON. Q. Did the prisoner ever put his name to the bill when you did not pay him? A. No—he put his name to this bill on 29th Oct.
GEORGE JOHNSTON re-examined. This is a receipt signed by the prisoner for 15s. 4d.—here is 7s. 8d. twice over—this bill of 15th Oct. was prepared by me, and given to the prisoner, to be delivered with the goods—this bears no receipt—this bill of 29th is 7s. 8d. on 15th and 7s. 8d. on 29th—I made it out—the prisoner has never put any dates to the receipts be has given—this other bill is receipted by him; it is a bill I gave him to take on 3rd Nov.—it appears that on that day he received 7s. 3d.
Cross-examined. Q. The goods were not always paid for when delivered? A. No; a bill was always delivered with them—when paid for, the prisoner always gave a receipt on the same bill—I think this was paid on 3rd Nov., but I am not quite certain, it was on a Saturday, I know—I took in the goods myself that day—that was the last day I paid him, but he has been paid since that.
FRANCES WALSH HEDGER . I am the companion of Miss Carter, of Park-villas. On Saturday evening, 10th Nov., paid the prisoner 2l. 2s. 6d., on Mr. Smith's account—he put this writing on the bill in my presence—I cannot say when these goods were received.
Cross-examined. Q. How do you know it was on the 10th? A. I put it down in my pocket-book immediately—I have not my pocket-book here, but I will take my oath it was paid.
JOHN PASSMORE SMITH . I am a tea-dealer, in Coventry-street. The prisoner was my carman in Oct. and part of Nov.—he never accounted to me for the receipt of 15s. 4d. from Mr. Almond, 7s. 3d. from Mrs. Parker, or 2l. 2s. 6d. from Mrs. Hedger.
Cross-examined. Q. Have you no partner? A. No; I have eight or ten persons in my employ—it was not the prisoner's duty to account to any person for money, but to me or Mr. Johnson—I will not swear he has never accounted to other persons; if he had, there would have been credit in our books for it—he was discharged on Saturday, 10th Nov., I suppose about eleven o'clock at night—he had been with me about eight months—he generally got home about eight at night—I had a character from a man, saying, he had a high opinion of him, but not from an employer—I heard he was in the employ of Ridgway and Co.
MR. CLARKSON. Q. Did you hear how he came to leave there? A. We hear it was from the same cause as that with which we now charge him.
MR. WOOLLETT to MR. SMITH. Q. On 10th Nov. was there not some arrangement as to the prisoner's collecting the outstanding debts? A. No; there were two instances in which I asked him for the addresses, and he said it was not very likely he should give me them—he took a list away from our house, which Mr. Johnson made out by my desire, but it was not my desire that it should be given to the prisoner—it was not for him to collect, it was to ask him if these debts were accounted for—it was only the items of those persons whose addresses he refused to give us that he was to receive, not the others.
MR. CLARKSON. Q. The object of the list was, to ask him which of those customers had paid? A. Yes; and to save time in turning over the book—I have since found that most of these debts had been received by him.
GUILTY . Aged 21.— Confined Twelve Months.
MR. BALLANTINE conducted the Prosecution.
SAMUEL EGERTON (policeman, H 193). On Monday morning, 3rd Dec., I was on duty at the London Docks—I went to a shed on the East quay—I noticed a case there, which had been broken open—I called the attention of the dock constable to it—on 7th Dec. I took Mullaly, and told him he was charged with breaking a case on 1 st Dec.—he said he never was in the docks that day, and knew nothing about it—on the way to the station he said, "I will tell you all about it; I was there that day;" that Ballard asked him what was in the case, and he said he did not know, and he took it to another shed, and opened it, and took out a fishing-rod and some other things, and then he went out of the gate, and threw the things under the gate—Ballard was in custody then.
Ballard. Q. Did you hear what I said about Mullaly? A. Yes; it was owing to what you said, that Mullaly made this statement.
I found by the side of it a garden rake, a razor-strop, and some prints—I went to Mullaly's house, in Cooper's-court—I asked him if he was in the Docks on 1st Dec.—he said, "Yes, I was there, but was turned out by a police-constable"—I asked him if he knew anything about any fishing-rod—he said, "No"—I asked if he knew Mr. Child, the pawnbroker, in Shadwell High-street—he said, "No"—I took him to the pawnbroker's; he was not identified there, and was discharged—this was on 5th Dec.—on 22nd I took Ballard at the Docks—I asked him if he was at the East quay on 1st Dec.—he said, "No"—I asked if he knew anything about any fishing-rod—he said, "No"—I asked if he knew Mr. Child's, the pawnbroker—he said, "No"—I took him there, and saw the foreman—I said, "Do you know this man"—he said, "Yes, he is the man that pawned the fishing-rod, I have no doubt about it"—he was then taken to Lemon-street station—about two hours afterwards he returned, and said to me, in the presence of Mullaly, whose proper name I believe is Gannon—"I did pawn the rods; I was asked to pawn them by Gannon, who told me, he had taken a case from a shed on the East quay, broke it open, and took out the rod, and he got them out under the brandy quay gate."
Mullaly. Q. How long after was I taken? A. About three weeks; Ballard had time to come and tell me this.
GABRIEL BURROWS . I am a labourer in the London Docks. I was in the Export Dock on the south end of the East quay on 1st Dec.—I had occasion to handle a case there about half-past ten o'clock in the morning—Mullaly came across from the brandy shed—I saw him near the case, about ten minutes or a quarter before twelve.
Mullaly. Q. Have you not often seen me in that shed? A. I have seen you there—I think there was not a ship to be worked that day—I was in the same shed on the Monday morning; the case was not there then, it had been removed by somebody.
WILLIAM ROGERS . I am a labourer, in the service of the Dock Company. On the afternoon of 1st Dec. I met Mullaly, whom I call Gannon—he was alone, and was going towards Shadwell High-street, away from the Docks—I spoke to him—he had nothing with him—I saw him again afterwards, with Ballard—Ballard had a fishing-rod in his hand—they were in company, but not close together—I said, "Halloo! Gannon, are you going fishing?"—he said, "Hum"—I walked with them to the Match-walk; I then left them, and went to King David-lane—when I came back, I saw, both the prisoners standing facing Mr. Child's, the pawnbrokers.
GEORGE GOLDER . I am assistant to Mr. Child, a pawnbroker, of High-street, Shadwell. I produce this fishing-rod—it was pawned at Mr. Child's, between twelve and one o'clock on 1st Dec.—I took it in from Ballard—this is the duplicate I gave for it.
ROBERT THOMPSON . I am in the service of the Dock Company. On Saturday 1st Dec., I saw Mullaly in the Docks, in the lock-up shed, between three and four o'clock, tipsy—at ten on the Monday morning I picked up this duplicate exactly where I had seen Mullaly, and spoken to him on the Saturday—it is the duplicate I showed to Mr. Golder.
SPARKES MOLINE . I carry on business at 5, Adelaide-place. I have seen this case, it contained this fishing-rod, two or three caricatures, some garden tools, and other things—I put this fishing-rod in it myself—the case was in the London Docks, and was to be shipped for my brother.
Mullaly's Defence. I went into the shed where the case was, and laid my
hand upon it; I came out, and met Ballard; he asked me what was in it; I said I did not know, and went away; I afterwards saw Ballard take the case out from the other side of the shed; I went away and saw him no more till I was taken; I denied that I had anything at all to do with it; if I had said anything against this man, my brains would have been knocked out; on the 21st Dec. I saw him come out, and followed and spoke to him about this case; he had not time to say much to me; he said he would meet me next day in the Docks.
Ballard's Defence. On 1st Dec. I met Mullaly in the Highway with the fishing-rod in a case; it was all over mud and water; he asked me to pawn it, and I did, for 3s.; we had a drop of beer; he then told me he went into the shed, and got the case, and broke it open, and Mr. Drake came and said, "Put the rubbish over the rod."
(Ballard received a good character.)
MULLALY— GUILTY .* Aged 35.— Confined Six Months.
BALLARD— GUILTY>. Aged 32.—Recommended to mercy by the Jury and Prosecutor.— Confined Two Months
MR. BALLANTINE conducted the Prosecution.
CHARLES PAINE . I am a porter, in the employ of the Board of Guardians of the Strand Union. I have the care of Millfield-house, Tanner's-end, Edmonton—on Friday, 21st Dec., I found a piece of lead had been taken away from there—I should think I had seen it safe about three days before—this is it(produced)—I have fitted it with the remaining pipe—it has damaged the building much.
THOMAS HILLIER (policeman, N 305). I went to Millfield-house, and then to Grimley's, where I got this 46lbs. of lead—I fitted it to the place; it matched exactly—I took the prisoner—he said, at the station, he bought the lead of a man he did not know—it was taken from the Strand Union-house.
Prisoner's Defence. I bought it of a man I know by sight; I do not know his name.
GUILTY .* Aged 17.— Confined Four Months.
GUILTY . Aged 21.— Confined Twelve Months.
NICHOLS pleaded GUILTY . Aged 16.— Confined Four Months.
WHY pleaded GUILTY . Aged 16.— Confined Six Months.
BAILEY pleaded GUILTY . Aged 15.— Confined Twelve Months.
318. FRANCIS CARR , stealing 2 squares, value 2s.; the goods of George Copeman Gurling; 2 squares, value 5s.; the goods of Levy Vickery; 1 square, value 2s.; the goods of Henry Stanway. 2nd COUNT, feloniously receiving the same.
LEVY VICKERY . I am a carpenter. On 22nd Dec. I was at work in a cottage at Dalston—I left work at half-past five o'clock, and left my tools in the front kitchen—I locked the door—I went to work on Monday morning at six—I found the back-kitchen window broken, and the inner door of the front kitchen—my two squares were gone—this is one of them(produced).
HENRY STANWAY . I was at work on Saturday, 22nd Dec, with Vickery. I saw he left two squares and other things there, and I left a square and other tools—when I went to work on the Monday morning I missed my tools—I have seen my square since, and had it returned to me by order of the Magistrate—I do not know the prisoner.
GEORGE COPEMAN GURLING . I am a carpenter, and was at work at the same place. I left two squares, a philister, and other tools, on Saturday night, and missed them on the Monday—I have got my squares back from the officer, by order of the Magistrate.
WILLIAM DAY DAVIS (police-sergeant, H 36). On Monday morning, 24th December, about nine o'clock, I saw the prisoner in Petticoat-lane with six squares—I asked him how he got them—he said he was carrying them for his mate—I took him into custody—I gave the squares to the witnesses, who identified them.
Prisoner's Defence. My mate told me to carry these squares for him to Mr. Roberts.
GUILTY of stealing. Aged 25.— Confined Four Months.
319. JOHN ROBERTS , stealing 4 saws and other goods, value 2l. 7s.; the goods of Levy Vickery; and 2 planes and 1 jacket-sleeve, value 7s. 6d.; the goods of Henry Stanway: and 1 hilister and other goods, value 1l. 1l. 6d.; the goods of George Copeman Gurling.—2nd COUNT, feloniously receiving the same: having been before convicted.
LEVY VICKERY . I am a carpenter. I was at work at the cottage at Dalston—I left my tools there on 22nd Dec, four saws, a plane, a plough, and other things—I saw them next at the police-office, and have them.
HENRY STANWAY . I was at work at the same cottage—I left at half-past five o'clock that evening, and left two planes, a square, and other things—I went on Monday morning at six, and missed two planes, a square, and the sleeve of my jacket—I had left the jacket there with the sleeve on—I have seen my tools since—this is the sleeve of my jacket.
GEORGE COPELAND GURLING . I was at work at that place on the Saturday—I left two squares there, a philister, a plane, and a mortice-gauge—when I got there on Monday they were gone—this is my gauge—I have had the other things.
JAMES WALING (police-sergeant, H 26). In consequence of information I took the prisoner on Monday morning, 24th Dec, in a coffee-shop in Houndsditch—he had a number of tools with him, and this jacket-sleeve—he said he bought them of a man on London-bridge—Davis came in with Carr, and then I took the prisoner—I produced the took at the police-court—the witnesses identified them.
Prisoner's Defence. I purchased them, not knowing they were stolen.
GUILTY . Aged 19.— Confined Twelve Months.
HENRY WEBB . I am a City-policeman. On 3rd Jan., at half-past two o'clock in the afternoon, I was in Long-lane, in a barber's shop—I saw the prisoner and another walk behind the prosecutor, take a handkerchief from his pocket, and run in amongst the pens—I pursued, and took him—he took this handkerchief from his breast, and threw it amongst the pens.
GEORGE HENRY GREEN . On 3rd Jan. I was in Long-lane, about two o'clock—I had this handkerchief in my pocket—when the policeman ran after the prisoner I missed it—I took it up, and gave it to the policeman.
Prisoner. Is it possible for a man in a barber's shop, being shaved, to see me, and the barber before him?
GUILTY .* Aged 19.— Confined Twelve Months.
JAMBS HAWES . I am a clerk. On 29th Dec, about half-past seven o'clock, I was in Kingsland-road—I felt a tug at my coat behind, turned, and saw the prisoner with my handkerchief in his hand—I took hold of his hand with the handkerchief, but he slipped his fingers through mine, and left the handkerchief in my hand—he then bobbed behind a pork-butcher's awning, and I went on, and about thirty or forty yards further I found the prisoner was walking after me again—I spoke to a policeman—he started off—the policeman took him.
GUILTY . Aged 21.— Transported for Seven Years.
OLD COURT.—Wednesday, January 9th, 1850.
Before Edward Bullock, Esq., and the Third Jury.
GUILTY . Aged 56.— Confined Twelve Months.
(There were two other indictments against the prisoner for forging and uttering receipts for money, upon which MR. BODKIN offered no evidence.)
Before Mr. Justice Patteson.
323. TAPLEY EGGAR , stealing, whilst employed in the Post-Office, a letter, containing 1 half-sovereign, 1 shilling, and 6 stamps; the property of the Postmaster-General: to which he pleaded GUILTY . Aged 20.—
(The prisoner received a good character.)
This was an indictment under 12 & 13 Vic., c. 106. MR. BODKIN, in opening the case, called the attention of the COURT to the decision of the JUDGES in a similar case at the last Session (See page 227). Since then a point had occurred to him, which he thought it right to present to the COURT: viz., that if the 6 Geo. IV., c. 16, was in fact wholly repealed by the 12 & 13 Vic., it would have the effect of reviving the provisions of the preceding Bankrupt Act, the 5 Geo. IV., which would support the present indictment. It might be contended from the words of the first section, that the repeal of 6 Geo. IV., in the schedule, was not an absolute and total repeal, but one qualified by the provisions contained in the first section; but in the same schedule, where other Acts were enumerated as repealed, (the 5 & 6 Vic, c. 122, for instance,) there were express reservations. The question Would therefore be, whether the words in the first section were sufficiently clear to indicate the intention of the Legislature to except from the repeal, those parts which had the effect of repealing former Acts.
MR. JUSTICE PATTESON: "I do not think you can stand upon this argument at all; because the first section is, in express terms, a repeal, except so far as the said Acts, or parts of Acts, repeal any former Act. Your argument would go to show that the expression in the schedule was in effect to do away with the exceptions expressly enacted in the first section, so far as 6 Geo. IV. is concerned; and that argument you ground, I think, principally upon the circumstance, that where another Act of Parliament is mentioned in the same schedule, the 5 & 6 Vic, c 122, in stating the whole to be repealed, there is an exception; that is to say, the whole is not repealed, only a part of it, and the exception; this very exception which is contained in the first section; therefore you argue that wherever that exception is intended to be applied to the particular Act of Parliament mentioned as repealed in the schedule, it is expressed m the section. But you will find that is really no argument after all, it is but an observation. I can easily account for the expression that is put in with respect to 5 & 6 Vic., c. 122, because, in fact, the 5 & 6 Vic., c. 122, mentioned in this schedule, is not intended to be wholly repealed, but there are parts of it not intended to be repealed, and it was thought necessary to say, by way of exception, 'it repeals the whole except certain parts,' and therefore they put in the exception already contained in the first section. It had better not have been there, because these things lead to discussion and argument; but being there, it really does no harm, and the first section must have its full operation; therefore I think it is quite clear that the statute prior to 5 & 6 Geo. IV. is not revived."
The JURY were directed to find the prisoner
NOT GUILTY .
MESSRS. BODKIN and HUDDLESTON conducted the Prosecution.
THOMAS SPURGIN . I formerly carried on business as a publican. I have saved some money, have retired from business, and now live at Bath-road, Hounslow—having some money to invest, I made application to Mr. Gillett, a friend of mine, and he introduced me to the prisoner, who was a stock-broker, at 3, Warneford-court, in the City—I and Mr. Gillett went there together on 14th last May—Mr. Gillett mentioned that I had come for the purpose of investing some money—I asked the prisoner's advice as to the best investment for my money, and he recommended Exchequer bills—I told him I had about 1800l. to invest, and that I had 1000l. in my pocket—I
asked him to purchase me a 1000l. Exchequer bill, and he went out as I understood for that purpose—he came back in about ten minutes with a piece of paper in his hand, and said, "I have purchased the bill"—I left the bill with him to place it for security till I came back, telling him in Mr. Gillett's presence that I had about 700l. or 800l. more that I wished to invest—I left a 1000l. note and 25l. with him on 16th May, I returned again with 700l. in various notes, and gave it him to purchase Exchequer bills with—that was stated—I told him to place the 700l.-bills with the 1000l., and to send me a copy the same evening, which was done—this is the letter the prisoner wrote himself on 14th, when I wished him to give me an acknowledgment for the 1025l. (produced)—this letter(another)I received on the night of the 16th, enclosing these two papers—I saw him again on the 19th, and said, "I have come to pay you the balance of those three Exchequer bills that you have purchased for me" and when I putdown the 64l. 11s. 8d., I asked him if the three Exchequer bills were perfectly safe—I then had these papers with me, and showed them to him—he said they were perfectly safe, as safe as if they were in the Bank of England, for he had placed them in the safe box of the Stock Exchange—(letter read.—"16th May, 1849, Warneford-court, Throgmorton-street.—Spurgin, Esq., Hounslow.—Sir; I beg to hand you the enclosed accounts of the purchase of Exchequer bills, value with interest, 1788l. 14s. 8d., leaving a balance in my favour of 64l. 11s. 8d., and with my best compliments, I have the honour to remain, Sir, your obedient servant, for E. Nairne, W.F. Beaton."—(the two papers were here read, "Bought on order and on account of T. Spurgin, Esq., of Messrs. Brown and Co., 1000l. Exchequer bill, with interest 1052l., for E. Nairne, W.F. Beaton."The other note for 700l. was in the same form)—I received this paper from Mr. Nairne himself at our first interview—(read—" 3, Warneford-court, Throgmorton-street, London, 14th May, 1849. Bot. for Mr. Thomas Spurgin, 1000l. Exchequer bill, at 49 premium, for delivery to-morrow. Edward Nairne, Broker.")—I got this other paper from him on the morning of the 16th, when I saw him and his clerk Beaton together—Beaton wrote it by Mr. Nairne's order, in his presence—(read—"Received of Mr. Spurgin 1725l., to be invested in Exchequer bills, and accounted for on demand. For E. Nairne, W.F. Beaton. 16th May, 1849.")—on the 19th, when I paid the balance, he said, "The bills are as safe as the Bank of England, and if at any time you want any information, call on me, and I will tell you anything I can to do you good, or to benefit you"—he said if I wanted them at any time, I was to send to him or come myself—I did not again see anything of the prisoner till he was taken into custody by Forrester, at Boulogne—I went there—Forrester brought him over—I never gave him any authority to sell, negotiate, transfer, or pledge these bills.
THOMAS BROWN . I am one of the firm of Brown and Company, dealers in exchequer bills; I knew the prisoner as a member of the Stock Exchange, and have occasionally had dealings with him. On 15th May, we sold him an Exchequer bill for 1000l.—it is impossible at this distance of time for me to say whether I sold it myself or my nephew—I am not able to say whether it was sold to him or to a person representing him—I have no further information except what I know from a book which is in the writing of my son, my clerk.
JOHN BROWN . I act as clerk to my father. Here is an entry in this book on 15th May last, in my writing—it was made either that day or the day before—I made it from a note that I was told to make out by my cousin, or my father; I should say it was my cousin, because his writing is at the back of the bill—I do not recollect whether I saw him do it, it is the name of
"Nairne"—the number I have in my book corresponds with the number of this Exchequer bill(looking at one for 1000l., produced by Mr. Hanby)—I got that number from the note I made out; I had the bill on the desk at the time—it is impossible to say whether I looked at it when I made the entry—the name was written by my cousin, before I made the entry—I cannot say when, it might have been five minutes before—my cousin is in partnership with my father—this book is called "the sold book"—it is a part of my duty to enter in this book Exchequer bills sold by the firm—I have the "bought book" here—there is an entry in it on 5th June, in my writing—that entry refers to 2200l. worth of Exchequer bills bought of Edward Nairne—I did not transact any business myself with Nairne—this is the book in which it was my duty to enter purchases made by our firm of Exchequer bills—I have no recollection of the person of whom these 2200l. worth of exchequer bills were bought—I made this entry from the note prepared and signed, I think, by Beaton, Nairne's clerk—this is the note(produced)—I believe it is in Beaton's writing—these bills were paid for by a check on Messrs. Robarts, our bankers—this is the check(produced)—I know the prisoner's writing—I cannot say whether the name of "Nairne" on the back of this check is his writing or not—from the writing I have seen on checks of his, I should say it was not; I believe it to be Beaton's.
FRANCIS WILLIAM FRY . I am a clerk in the house of Martin, Stone, and Martin—the prisoner kept an account there—this check was paid in to the credit of his account, crossed "Martins," on 5th June last—(looking at some checks)all of these appear to be drawn by the prisoner—there are about fifty—one is dated on 5th June, the others are all subsequent to that date—the last is dated 15th Aug.
Cross-examined by MR. CLARKSON. Q. What balance was there in his favour on 5th June last? A. I cannot tell—the ledger would prove it—he had a person in his service who was in the practice of drawing checks, I do not know to what amount—there was no limit as to amount that I am aware of, at any time checks were required—checks signed by Beaton I should have honoured as if signed by Nairne—I should not have sent to inquire whether they were drawn by Mr. Nairne's authority—I should say the body of the checks and the figures are not in the same handwriting as the signature—I am not so well acquainted with Beaton's writing as I am with Mr. Nairne's—I cannot say whether the body of these checks were written by Beaton—if I saw his signature I might be able to speak to it, but not to his general writing—he was not in the habit of signing checks himself, but by procuration "for Edward Nairne," and his own name underneath—looking at this pass-book (produced)I should say there was a balance in the prisoner's favour on 5th June of about 7,000l.
MR. BODKIN. Q. Can you tell me whether that was rapidly reduced? A. There appears to be one entry of a large amount on the debit side—it is 10,000l., on 8th June.
MR. CLARKSON. Q. Can you tell how much of that reduced account was reduced by checks of Beaton's? A. I cannot.
JOHN BROWN re-examined. I have here an entry on 5th June of the purchase paid for by this check—the Exchequer bills that were bought that day were not on my desk when I made that entry—I saw them in a lump altogether when the note was brought up—I can only say these agree with the note—they agree with those we sold before—I do not remember seeing them at the time.
THOMAS BROWN re-examined. These three Exchequer bills were either in my possession or my partner's, on 5th June; they were in the possession of our house—I can only remember the purchase of them by my paying for them on 5th June—this is my check for the payment—I paid for them on the same day they were bought.
Cross-examined by MR. CLARKSON. Q. Were you present at the purchase? A. That I cannot say—I cannot say whether I ever saw them after they were purchased—they were bought by myself or my nephew—I have no knowledge of whom I bought them.
COURT. Q. When did you first see these bills? A. On 5th June they came into our possession—I may not have seen them, my nephew may have taken them—they are sold in the public market—I may never have seen them—they are delivered either to myself or my nephew—I send them up to my clerk, and say, "Write a check for these"—they are put into our case, and then they are re-sold—I cannot positively say that I never saw them—I know they were in our possession on 5th June by the payment for them—that payment could not relate to other bills, because these bills are identical with the note.
MR. BODKIN. Q. Look at that note(producing one)? A. They are the identical numbers.
MR. CLARKSON. Q. Does that note purport to be signed by a per on named Beaton? A. Yes; I have no knowledge of the transaction, or the numbers of the bills, except from this note—let me explain myself, they were in the possession of the firm, but I cannot undertake to say that they were in my individual possession.
COURT. Q. How can you possibly say they were in the possession of the firm of your own knowledge, except you saw them? A. Only by the check being drawn for that identical amount—my son drew the check—he had the bills before him to draw the check.
CHARLES JOHN BROWN . I am a partner in the firm with my uncle. I know that these Exchequer bills were purchased on 5th June—there is the name of "Nairne" on them, in my writing—that was made the day we sold them—here is an entry in the "sold book"—I cannot say for certain when I made it—it is only the name of "Nairne," and the price they sold for—it is my habit to make that memorandum when I give them to the clerk to make out the account, about half an hour or an hour after they are sold—it is made on the same day—this is a memorandum in the ordinary course of business—we sold them on 15th May—they came into our possession again, the bill-book will show when: to the best of my recollection, it was at the beginning of June—I saw them then—this check for 2,300l. is in my writing—at the time I made out that check we had these bills in our possession—I should think I saw them afterwards—we give the check to the parties we purchase the bills of, or their clerks—I draw the check from a note which they bring with the bills—I should say the note produced is the note from which I drew the check—in the course of business, the person who brings the note also brings the Exchequer bills, and before I draw my check I see that the note is right by comparing it with the bills—that was the course I adopted in this instance.
COURT. Q. Am I to understand you that, before you drew that check, you had compared the note in Beaton's handwriting with the bills? A. I
or my clerk—I will not say that I compared those very bills with this note, he might have compared them while I was drawing the check.
Cross-examined by MR. CLARKSON. Q. Have you any recollection of this specific transaction at all, except that which is furnished to you by means of the check, and now looking at that note? A. No; I have not—I must have seen the note at the time I drew the check—my clerk might have seen it likewise, we sit together—I do not remember seeing the party who brought it—the bills were, in the ordinary course of business, put among our other papers—I must, of course, have seen them, passing through my hands—I can undertake to say I saw them on 5th June; to the best of my knowledge, I did—that knowledge is not furnished by means of the note alone, but by the bills as well—I know nothing about the fact of these bills ever being in my hand, except by means of this note—I cannot say that I myself compared them with the note to see that they tallied.
WILLIAM HANBY . I am in the Audit-office. I have produced these three Exchequer bills, one for 1000l., No. 6568: one for 500l., No. 423; and one for 200l., all three dated 15th June, 1848—they are for 2d. per cent. per diem—they expire twelve calendar months from the date—the proper place of deposit for them after the period has expired is the Exchequer-bill Office, from whence they are delivered into the Audit-office for examination—I have never seen any Exchequer-bills of the same date, number, and amount issued at the same time.
Cross-examined by MR. CLARKSON. Q. Is it the practice to pay money for them when due, or to exchange them for other bills of the same amount? A. Sometimes bills are received, and sometimes money, it depends upon the application of the party—I have not examined the account, to see what the course was in this particular transaction—this is the first account I have had for examination, therefore I cannot say how long the bills remain there—I should say these bills came to the Audit-office about Aug. or Sept, 1849.
THOMAS BROWN re-examined. Two of these bills were sent in for exchange at the Exchequer-bill Office—I sent them through Messrs. Steer and Co., as is usual—I cannot, without referring to the book, tell which of the bills they were—either myself or my partner gave them to Messrs. Steer; I cannot say which at this distance of time—the entry in the book is in my nephew's hand-writing.
CHARLES JOHN BROWN re-examined. This entry is in my hand-writing: it was made on 5th June—it enables me to say that these bills were not sold, but delivered to be exchanged for new bills, when the new bills came out—they are dated 14th June(referring to the book)—one of the bills so delivered to be exchanged is No. 6568, for 1000l.—that is in my writing—we had that bill in our possession then.
MR. CLARKSON. Q. You have put here, "Delivered to Messrs. Steer, to be exchanged for new bills;" did you deliver them with your own hands? A. I cannot say—if I did not, my partner or our clerk did—I must have seen the bills when I entered this, or I should not have known the numbers—we had nothing to do with the note then—I can undertake to say that I entered this, and likewise took the number from the bill—that was on 5th June—I saw it on that day—I cannot say where the bill is for which the 6568 bill was Exchanged—we do business in a very large way, and have a multiplicity of these Government securities in our hands—when we send bills to the Exchequer-bill Office, they do not return us the same number—they give us the same amount—I cannot say that I received the bills that were given in exchange with my own hands—this entry was made on 5th June, when we
sent the bills to be exchanged, the same day we bought them—(MR. BODKIN proposing to read the note made by Beaton, MR. CLARKSON objected, no evidence having been given to show that Beaton had written it by the authority or with the knowledge of the prisoner. MR. BALLANTINE urged that it could only be admitted on the presumption that Beaton and the prisoner were connected in a common fraudulent purpose, which was not suggested; it was an attempt to introduce into a criminal case, the doctrine of agency, and to make the prisoner responsible for the act of another, who was not really proved to be his clerk. MR. JUSTICE PATTESON was of opinion that there was sufficient evidence to show that the prisoner had adopted the acts of Beaton as his clerk, and that the note was admissible to show how the bill found its way back again into Messrs. Brown's hands—whether the act of Beaton in so bringing it back, professedly as the prisoner's clerk, was to be considered as the prisoner's act, was to be collected from all the circumstances of the case). The note was here read, "Sold to Messrs. Brown and Co., Exchequer bills, 2,200l.—No. 6568; 1,000l., 423, 500l., 970, 200l., for E. Nairne, W.F. Beaton."
HENRY COLEBROOK . In March, 1849, I deposited 2,600l. with the prisoner, to purchase Exchequer-bills with—I called on him in June, and again on 16th July, at his office, in Warneford-court—we had a little conversation about my money—he said he had seen his books, and he owed me the money, and a certain portion of interest—I told him the amount, and he said, "Never mind to a halfpenny."
JOHN BOWER . I am an eating-house keeper. I have had business transactions with the prisoner—I saw him on 16th July last, and several times before—he attended, in some measure, to the business for me—ft was in his counting-house.
A witness named Ingall being on the back of the indictment, MR. CLARKSON requested MR. BODKIN to call him, which he declined to do. MR. JUSTICE PATTESON was of opinion that the witness should be put into the box, and if the Counsel for the Prosecution in their discretion thought fit not to adopt that course, the COURT would take upon itself to do so.
CHARLES HENRY INGALL (called by the Court and examined by MR. CLARKSON). In May and June last I was a clerk to the prisoner; Beaton was also a clerk of his. He was in the habit of drawing checks by procuration—this check for 2,500l. of Messrs. Brown has my writing on the back of it—I might have received it from Beaton, I cannot recollect from whom I received it—I remember the fact of the Exchequer bills, which were sold by Beaton, being in the strong box—I do not recollect the date, I should say it was about June—on the occasion of that sale, Mr. Nairne was not in London—I had a conversation with Beaton, as to what he was going to do—I do not recollect having seen him with these Exchequer bills in his possession—I did not, to my knowledge, see him with any in his possession on that occasion—I know of his having sold some Exchequer bills of Mr. Spurgin's—most likely Beaton gave me this check—I do not recollect having received it—I can undertake to say that Mr. Nairne did not give it me, he was not in London that day—this check was put into my hands; I do not recollect at what part of the day, I should say it was most probably before dinner—it bears date 5th June—I undoubtedly had that check in my hands that day—that was the day on which I had the conversation with Beaton, as to what he was going to do—if I did not receive the check from Brown and Co., it must have been from Beaton—in consequence of directions I received, I placed the amount on the back with two other checks, added them up, and placed Mr. Nairne's
name underneath—I then most likely paid it into the bankers—I have no recollection of doing so, but I was in the habit of paying daily into the bankers, and most likely I paid in that day—I either paid it in, or gave it to Beaton on that day, I am quite sure of that—Beaton went away on the day before the fiat of bankruptcy was issued against Nairne—it was in Aug., I do not recollect the day of the month—(MR. BODKIN stated that the fiat was issued on 15th Aug).
MR. BODKIN. Q. You say Mr. Nairne was not in town on 5th June, where did he live? A. At Richmond.
COURT. Q. Can you tell where Mr. Nairne was at the time the fiat issued? A. At Boulogne; I heard so from Beaton—I saw him about a week before he went to Boulogne—I saw him at the office about a month before the fiat issued, and at Richmond about a week before.
MR. BODKIN. Q. Did you go to Boulogne? A. Yes; after the fiat—I did not see Beaton there.
The JURY expressed their opinion that
he knew of the transaction before-hand,
and adopted it afterwards.
Judgment Respited, another
indictment against the prisoner
Before Mr. Justice Talfourd.
GUILTY . Aged 18.—Recommended to mercy.— Confined Two Years
NEW COURT.—Wednesday, January 9th, 1850.
PRESENT—Mr. Ald. GIBBS; Mr. RECORDER; Mr. Ald. SIDNEY; and
Mr. Ald. CARDEN.
Before Mr. Recorder and the Fifth Jury.
GUILTY . Aged 31.— Confined Six Months.
MR. PARRY conducted the Prosecution.
WILLIAM NEAL . I am delivery-clerk to the Grand Junction Canal Company; the prisoner was their porter, and was employed to take goods and receive money for the carriage; it was his duty to pay it to the cashier at night. On 5th Dec. he was employed to take goods to Josephs, Brothers' in the Borough, and to Whatney's, of Wandsworth—I gave him this voucher with the goods, it is in my writing—I gave him these two delivery notes (produced) about two o'clock, to be left with the parties.
Cross-examined by MR. CHARNOCK. Q. This includes the whole of the goods he had in the cart? A. Yes; the prisoner has only been employed a short time—I have entrusted him with goods to a considerable amount, and he has brought the money home regularly—if he came back very late after the clerk had left, he would pay the money the next day—the office seldom closes before ten o'clock—the prisoner went out about twelve in the day—he had only to go to the Borough and Wandsworth.
MR. PARRY. Q. If he came back between seven and eight o'clock he would have found the cashier there? A. Yes.
SAMUEL KNIGHT . I am clerk to Daniel Whatney, distiller of wandsworth. On 5 th Dec. the prisoner brought some goods from the Grand Junction Canal Company—he showed me this invoice, and signed this delivery note(produced)—I gave him this check (produced) on Hanbury's, for 4l. 0s. 9d.
Cross-examined. Q. Was he alone? A. A boy was with him, but I did not pay him in the boy's presence—it was about six o'clock.
JOSEPH JOSEPHS . On 5th Dec, I received some goods from the Grand Junction Canal Company—I cannot say whether the prisoner is the man who delivered them—this is my signature to this way-bill—this delivery note was left with me as a receipt—I have seen the prisoner before, on several occasions—I have no particular doubt of him, but I do not recollect seeing him that day—this "17s 7d." and "8s. 7d." are my figures, and what I paid on that occasion—it was in the afternoon.
THOMAS BURCHALL . I am in the service of the Grand Junction Canal Company; the wharf is at the City-road basin. On 5th Dec. I accompanied the prisoner—we left Mr. Whatney's at six o'clock—as I was driving back with him in the evening he showed me a check, and said he received it at Mr.Whatney's; it was wrapped up in one of these invoices—I saw "Lombard-street" on it, and I believe this to be it—he put it back in his pocket—we got back to the wharf, between seven and eight—he put up the van and horses, which took about half an hour, and then left the wharf—he did not go into the office—he had an opportunity of doing so if he liked—he was sober, he stopped at no public-house on the way.
Cross-examined. Q. Whereabouts is the counting-house? A. The stables are in the next yard to it—I and the prisoner went out of the yard together—he turned one way and I the other—I live 200 or 300 yards off, and got home before nine.
WILLIAM PEERING . I live in Ratcliff-grove, St. Luke's, and know the prisoner. On 6th Dec. I saw him at the Potter's Arms—he was counting a few halfpence, and I saw a check in his hand for 4l. 0s. 9d.—I said, "If I were you, Jim, I would pay that in before I lost it"—he said he would have paid it in the night before, only the cashier warn't there, and he would pay it when he went back—he wrapped it up in the invoice, and put it into his pocket.
Cross-examined. Q. How far is the Potter's Arms from the Grand Junction-office? A. About thirty or forty yards.
JAMES ROBERT BOOTH . I live at 6, Bath-street. On Saturday, 8th Dec, I received this check at the London Apprentice—the prisoner looks like the man I had it from—he had a round cap on—another man was with him—I took it to the bankers—it was not paid.
Cross-examined. Q. Were you stopped at the bankers? A. Yes; I was not given into custody—I was there an hour and a half—I went back, but could not find the man—he said he would give me 1s.—I make ginger-beer and soda-water for Mr. Clough, of Bath-street.
JOHN JAMES ROBERTSON . I am clerk to Messrs. Hanbury's. On 8th Dec., about ten o'clock in the morning, Booth presented this check—it had not been stopped, but I did not pay it, because I thought there was something wrong about it—we detained Booth about an hour, and sent the check up to the Grand Junction Company—before our messenger returned, we let him go to fetch the young chap who sent him, and about one o'clock the prisoner came and told us he had lost the check.
Cross-examined. Q. Was it crossed? A. No, I crossed it over, and told
the prisoner to go to the Canal Company and get the check—we did not detain him.
WALTER WELLINGTON . I am cashier in the Company's service. On 5th Dec. I was at the office till past ten o'clock—the prisoner knew it was my custom to stay till ten—I do not think I had received money of him before—he paid me none on this occasion—he has never paid me these sums—I was at the office on Thursday, Friday, and Saturday—on Saturday I sent for him, and he was brought by another man—I said, "What have you done with the money?"—he began to cry, and said he had got into bad company, and had been robbed of the check and part of the other money—I took the voucher from him—he said if I would forgive him, he understood the check had been stopped, and there was 22s. 2d. of the 1l. 6s. 2d., and he would work out the remainder—he put 3s. 6d. on the desk.
Cross-examined. Q. Did he appear in a great deal of trouble and distress? A. Yes, he cried a great deal—I think it was sincere—no one received money but me.
MR. PARRY. Q. By sincere, do you mean repentance, or what? A. I think it was repentance—he was very sorry when I accused him.
(The prisoner received a good character.)
GUILTY . Aged 20.—Strongly recommended to mercy by the Jury.—
Confined Three Months.
PEARCY pleaded GUILTY . Aged 17.— Confined One Year.
(Pearcy received a good character).
(There were two other indictments against Pearcy, and one against Allen).
MR. BIRNIE conducted the Prosecution.
LOUIS HENRI GODINEAU (through an interpreter). I live at the Union Hotel, 33, Salisbury-square. On Monday evening, 4th Jan., about eleven o'clock at night, I was in Fleet-street—the prisoner accosted me, and I took her to sup with me at a tavern near Temple-bar—she afterwards took me to her house in a small alley near Temple-bar—we both went into a bedroom—I put my watch on the mantel-piece; the prisoner looked at it to see the hour—I took it from her, and put it on the mantel-piece again—I remained with her ten minutes—she left the room first, and I missed my watch—I searched with a policeman for her, but could not find her—I had seen her speak to policeman No. 50, and informed him—it was a gold watch, and with the seals and chain was worth 300 francs.
Cross-examined by MR. COCKLE. Q. What time did you go to her house? A. About twelve o'clock—a friend of mine went over head with another woman—there were two men and a woman at supper—we left the second house about half-past twelve—the door had no lock, and I put a chair against it—when the prisoner left, she said she had to go out for a minute, and never came back—no one could have put the chair back and come in.
WALTER HOLMES (policeman, F 50). I have known the prisoner two or three years. On Saturday, 5th Jan., about one o'clock in the morning, I saw the prosecutor and prisoner, and another man and woman, coming up Newcastle—they went to No. 7, there, a home of ill-fame—about two o'clock I heard a disturbance there—the prosecutor's friend came out and told me something—I searched the house, but could not find the prisoner or the watch—I found the prisoner in bed next morning, and told her the charge—she burst into tears—I said I had been searching for her, and she said she had been over the water out of the way—the prosecutor was perfectly sober.
NOT GUILTY .
WILLIAM WILCOX . I am assistant to John Walker and another, silversmiths, of 38, Whitechapel-road; it is their dwelling-house. On 21st Dec., about half-past eight o'clock, the prisoner came, and said he had been recommended there as being a respectable shop, and he wanted a good sound watch, at about 4l.—I brought out three—he took two, one in each hand, and placed them to his ear to see if they were going, and rushed out of the shop with them—I ran, and saw him run down a dark turning, and overtook him a quarter of a mile off the shop—I did not lose sight of him—these are the watches (produced).
WILLIAM MELOY (policeman, H 170.) I was in Whitechapel-road, and saw somebody running down Black Lion-yard—I pursued, and came up to Wilcox and the prisoner—the prisoner said nothing to the charge, but put his hand into his left trowsers' pocket—I tried to pull it out, but could not—I took him back to the shop, and found these watches in his left pocket—the glass of one is broken—I found the pieces in his pocket at the station.
JOHN WHEBLE (policeman, R 300). I produce a certificate from Mr. Clark's office—the prisoner is the person mentioned in it—I was present at his—(read—Convicted June, 1844, of stealing in a dwelling-house, having been before convicted; and transported for ten years)—I do not know how he came to be at large.
GUILTY . Aged 27.— Transported for Fourteen Years.
MR. PARRY conducted the Prosecution.
JOHN CARTER . I reside at No. 1, Alfred-terrace, King's-road, Chelsea, and am a grocer and tea-dealer. The prisoner had been in my service about sixteen months—in consequence of missing several articles, I went up to her room, about 10th or 11th Dec.—my wife was with me, and Mrs. Culver, the prisoner's aunt, was there, and the prisoner—I opened three of the prisoner's boxes, in her presence—I found in one of them seventeen empty jars, which had had in them various jellies, jams, and marmalade, and four empty wine-bottles, two of port wine and two of British wine—the pots and jars were mine; I can swear to them—I noticed two pots of red currant jelly which I had missed, one of them particularly; they were empty, among the jars in the prisoner's box—I had had six dozen of port in, about six months before—I had used a little, perhaps one dozen and three; I think not more; and there were but sixteen bottles remaining in the cellar; the rest I cannot account for—the prisoner could have access to the cellar where it was, but her duty did not take her there—the cellar door was closed, but not locked—the
two port-wine bottles were similar to the six dozen that I had—the two British-wine bottles had had elder wine in them—I can swear to them by the labels, to one in particular—the prisoner had no right to have jars of that description in her box—they were for sale in the shop—I also found in her box a small quantity of Spanish liquorice, some sugarplums, acidulated drops, some muscatel raisins and almonds, some candles, and other things—I have missed from my stock, from time to time, six dozen pots of jam—I found some empty pots in my kitchen—they were from my stock—I know they had been taken when they had fruit in them, because nothing of the kind was used by ourselves—I know the pots, they were labelled with a particular label that I knew—I charged the prisoner with the theft—I had said nothing about its being better for her to confess—I charged her with these things, and asked how she got them—she said, by means of the kitchen door, through the trap-door into the shop—I said it was impossible, she could not do it—I said so, because the trap-door was too heavy for her to lift, and the kitchen door was locked—(there is a way from the passage which leads from the kitchen into a warehouse under the shop, from which there is a trap-door into the shop)—she then said she got access to the shop by means of a key, which she produced; this is it, it will open the shop door leading from the parlour; I have tried it—I then went on to say, "You have robbed my cash-box"—she said she had once—I said, "More than once."
Cross-examined by MR. ROBINSON. Q. How many pots were found in the prisoner's box? A. Seventeen—I had a char-woman, named Robinson, who worked for me—she had access to the kitchen, but to no other parts of the house—I had a son of hers in my service—he is not in my service now—I had discharged him about four months before this was discovered, which was on 11th Dec.—I went before the Magistrate on the 27th—I do not know whether the prisoner swallowed all this stuff—that was the first time I had examined her boxes—I will swear that she was present.
MR. PARRY. Q. Are these the seventeen pots which were found in her possession? A. They are—the six dozen jams that I missed were worth about 8s. a dozen, about 48s.
JOHN CARTER re-examined. I have a statement, which was brought by the prisoner, and delivered to me—that was some days after I had charged her with this—(read—"When Mrs. Robinson first came to work for Mrs. Carter, she said, 'What a good place this is; you can get plenty of everything you want;' she said she supposed the shop-door was always kept locked, and told me about a girl who got into her master's shop with a false key, and she asked me if there were any keys lying about; I told her no, but afterwards found a bunch of keys with one key on it that fitted the door; I told her of it, and she said I must be careful where I kept it, so that they did not find it out; I gave her tea, sugar, and soap, which she knew I got out of the shop with the false key; she then said she supposed they always took the cash-box up-stairs with them; I said master left it out occasionally; she said she supposed the keys were never left about; I said yes they were; she said she knew persons who had prospered in doing such things; after this master went up-stairs one day, and left his cash-box out, with the keys on it; I happened to mention this to Mrs. Robinson, and she said there was a chance for a servant, and told me to go and see if it were locked; I did so,
and she said there was no harm in taking a shilling or two; I then took five shillings, and gave her part; she knew where I took them from; I took coppers from the till in the shop, and put them into the drawer in the kitchen, from which she took them; she said when she took the tea and sugar away, 'We must not let Mrs. Carter see them.'")
(Mr. Gravell, a cutler, and Mr. and Mrs. Culver, the prisoner's uncle and aunt, gave her a good character, and Mr. Gravell stated he was willing to take her into his service.)
GUILTY . Aged 18.—Recommended to mercy by the Jury on account of her previous good character, and by the Prosecutor, on account of her youth.
(The Prosecutor stated that Robinson's place had been searched, but nothing was found; and that the prisoner had since said that what she had stated about Robinson was not true.)
(There were two other indictments against the prisoner.)
333. THOMAS LEMM , stealing 19lbs. weight of rice, value 5s.; the goods of William Meares, his master; and GEORGE BIDDLE and JAMES BIDDLE , feloniously receiving the same, knowing it to have been stolen: to which
LEMM PLEADED GUILTY . Aged 22.
Recommended to mercy by the Prosecutor.— Confined Three Months
MR. O'BRIEN conducted the Prosecution.
THOMAS MEARES . I manage the business of my father, William Meares, 13, Davis-street, Berkeley-square; he deals in corn and rice, and those kinds of articles. Lemm lived with my father about three years—in consequence of information I spoke to Lemm on the morning of 19th Dec. respecting some rice—I gave him into custody about half-past eight o'clock—I went with the officer to the elder Biddle's (James's) house—I saw the elder Biddle in the room where his bed was—that room was searched, and in it were found flour, arrow-root, split-peas, oatmeal, and other things which my father is in the habit of dealing in—James Biddle cut chaff for my father, and George Biddle has cut it since his father has been ill.
JOHN CUTTING (police-sergeant, D 33). On Wednesday, 19th Dec, I and another constable placed ourselves within sight of Mr. Meares's shop, about half-past seven o'clock in the morning—I saw a younger boy, Robert Biddle, about ten years of age—he had this bag with him empty—he was waiting about and watching the house for a quarter of an hour—Lemm then came, and rang the bell of his master's shop to get in—he got in—and after he got in, he let Robert Biddle in—he was in about three or four minutes—Lemm then came and looked out and watched about a little, and Robert Biddle came out with this bag, containing 19lbs. of rice in it, on his shoulder—he walked straight to his father's place, and I followed him—I knew before then where his father lived—he does not keep any shop, but he has served persons whom I have known with corn, and that caused me to watch him—as soon as Robert Biddle got into his father's house, I went in after him—I saw George Biddle there—I asked Robert what he had got—he said "Rice"—I asked where he got it from—he made no answer, but George Biddle said, "From Kinslow's, to be sure"—I asked him then who sent him for it—he said, his father—George and Robert and I then went into the father's bed-room—George carried the bag in—the father, James Biddle, was sitting on the bed—I then asked Robert again whether his father sent him for it—he said, "Yes, my father sent me for it"—the father did not say anything to
that—I then said to Robert, "How much have you brought?"—he said it had not been weighed—I said, "How much did you give for it?"—he said it had not been paid for—the father did not say anything all this time—I said, "Well, I know where you brought it from; I shall make prisoners of you"—I took George and Robert Biddle to the station—I left them there, and went with Mr. Meares to the father's house again—I searched the bed-room and other parts—I found eleven pounds of flour, seven quarts of split peas, three pounds of oatmeal, some arrowroot, and other things—I said to James Biddle, "Where did you buy these from?"—his answer was, "They are mine, I bought them"—I then took him into custody.
Cross-examined by MR. WOOLLETT. Q. Had you seen the elder Biddle serve persons with rice? A. No, only corn—Robert Biddle was taken, and was made a witness of.
THOMAS MEARES re-examined. I was with the officer when these articles were found—they are such as my father deals in—I say they are his property—I took samples of the oats and barley—I can swear they are the same as those on my father's premises.
Cross-examined. Q. I suppose nothing can be more common than barley and oats? A. I should say they are common articles—I have not the samples here.
WILLIAM SPRATT (policeman, D 213). I was in company with the other officer on the morning in question—I saw the little boy, Robert, waiting for a quarter of an hour—I saw Lemm hand the bag on his back—Robert is not here—the Magistrate made the remark, that it was hardly right for a young boy like that to be made a witness against his father.
Cross-examined. Q. It was Robert had the bag, and you went and found George? A. We met him on the staircase—when we asked where the rice came from, George answered, "From Kinslow's, to be sure;" and he took the rice off Robert's back—we then went into the bedroom, and this conversation took place.
COURT to JOHN CUTLING. Q. Did you leave the rice there? A. I took it away—James Biddle never had it—the son, George, took it into the bed-room.
GEORGE BIDDLE— GUILTY. Aged 22.—Recommended to mercy. — Confined One Year
JAMES BIDDLE— NOT GUILTY .
334. THOMAS LEMM was again indicted for stealing 11lbs. weight of flour, and other goods, value 12s. 4d.; the goods of William Meares, his master: and JAMES BIDDLE and GEORGE BIDDLE , feloniously receiving the same: to which Lemm pleaded
(No evidence was offered against the Biddles.)
MR. ROBINSON conducted the Prosecution.
WILLIAM WARREN (police-sergeant, D 27). On 29th Dec, about half-past six o'clock, I was on duty in St. Petersburg-place, Bayswater—I saw a boy carrying a bundle on his shoulder—he was coming in a direction from Mr. Churchill's, and going towards the Bayswater-road—he gave me some account as to how he became possessed of the bundle—I saw that it contained two half-quartern loaves, and about three pounds of cooked and uncooked mutton, half a pound of butter, about six ounces of bacon, six pieces
of candle, 2 1/2lbs. of dripping, and some soap—some of the articles are here—the meat has perished—the boy pointed out Mr. Churchill's house to me, and I took him there with me—I rang the bell; the prisoner came to the gate—I first asked her if I could see the gentleman of the house—she said, "Yes," and she told me directly afterwards that he was not at home—I then asked if the lady was at home—she said no, only herself and two other servants—I then asked her if she had given the boy some broken victuals—she said no, the boy had not been there; it must have been some other house—I then told her I should take the boy to the station-house—I went away with the boy—I had not proceeded far before the prisoner followed after me—she said, "Policeman, let the boy go; he is my boy; I gave him the broken victuals"—she said he was her own son, and a poor orphan boy—I afterwards went back to the house, and saw Mr. Churchill—I stated, in his presence, what had taken place—he gave the prisoner and the boy into custody—the boy said he was fourteen years old.
JOHN CHURCHILL . I am a medical publisher. The prisoner lived in my service, as cook, about two months—her wages were 15l. a year—on the evening of 19th Dec. I saw the policeman, who gave me some information in the prisoner's presence—she and the boy and the policeman were all standing together—I said to the policeman, "You must take them off"—the prisoner then said she hoped I would be merciful to her—I could not undertake to swear to these articles—I had such articles in my house—the prisoner had no authority to give any of these things away—the loaves were not cut.
Cross-examined by MR. KETTLE. Q. Who manages your house? A. Miss Bruce; she is my manager—I will not swear of my own knowledge that any of these articles were missed from my house.
(The prisoner's statement before the Magistrate was here read—"I have nothing to say, only the dripping is my perquisite.")
WILLIAM WARREN re-examined. The mutton was very high—it might have been eaten that night, but not afterwards—it was cut off and given to the dogs—these are the bones of it—the loaves were about a day old.
NOT GUILTY .
OLD COURT.—Thursday, January 10th, 1850.
Before Edward Bullock, Esq., and the Fourth Jury.
RICHARD PURCELL . I am in the service of George Summers, a tobacconist, of Mile-end Road, Stepney, and sleep there. On the night of 21st Dec. I was going from the shop to the parlour, and heard a knock, as I thought, at the next shutter—I went to the street-door, and saw the prisoner with his hand in the window, and the glass was broken—it was not broken before—he made off—I could not catch him—I called "Police!"—he was brought back, and I recognised him—I missed cigars from the window, and found several under it—the policeman brought this bundle of cigars—they are George Summers's—they are tied in a particular manner, with ribbon.
WILLIAM WILLSHIER (policeman, K 249). I was on the opposite side, and heard glass break, and saw the prisoner at the window—he ran away—I ran, and caught him with this bundle of cigars in his hand—he said he hoped he should be transported, that he had committed a robbery before, and asked the Judge to transport him, who refused to do so, and he was obliged to go thieving when he came out.
GUILTY . Aged 20.— Transported for Ten Years.
Before Mr. Justice Patteson.
MESSRS. BODKIN and CLERK conducted the Prosecution.
JANE JOHNSON . I am the wife of Henry Johnson, and live at Shirley-common, near Croydon. In Jan., 1848, I was living at Peckham—the prisoner was introduced to me, and brought me a child to nurse—it was a boy, about three months old—she called it Louis, and in the course of the year I had it baptized by the name of Louis—I was present at his baptism—the prisoner did not tell me her name when she brought the child—she was to pay me 6s. a week for bringing it up—she afterwards sent some flannel for it—for the first three months she came to see it four times—at the end of the three months, in April, I received this letter from her—(read—"My dear Madam, in consequence of a sudden death in my employer's family, I have unexpectedly returned to London for a few days; if the weather will permit me to-morrow, Thursday, I shall probably see you to take out my dearest baby for an hour, if he is well enough. I am afraid his father will be determined of him going to France, to his mother; a proposal I strongly oppose. My hand trembles, I can scarcely write; perhaps you may enter into my feelings. My love and kisses to my dear baby, with kind regards to yourself and Mr. Johnson. Yours very sincerely, S. Tavern. Clarendon, April 26th, 1848.—P.S. While writing, a circumstance has occurred which will probably prevent me from coming to-morrow; I will say Friday; if it will be improper to take out my dear baby, please write to Miss Harrington, and say he is not well; I shall see her to-morrow, but not say I have written to you. Excuse haste and trouble.")—I did not see the prisoner again till February, 1849—no money was paid me in the mean time—I received letters from her—she passed by the name of Drake in Feb.—she came then, and said she could not leave home before, on account of her mother being so ill—she said she would take the child to an institution in Boulogne, that its father had been brought up there—she paid me 1l., and still owed me 10l. 11s.—she took the child away, but not the clothes—I went with her to the Dover station—she paid her passage to Dover, and I saw her go off with the child, in the train—next night she came back to my house, at Shirley-common—she said she had been to a doctor, and he had told her the child had got the water on the brain, that it would not live long, and that she had better bring it back to where the child had always been brought up; that she would not take it away any more if I would keep it, for she would go to service, and do the best she could for the child—I agreed for it for 5s. a week for the future—it was very ill at that time—I did not see the prisoner again between that month, Feb. and Nov.—I
received some letters from her in the mean time, and 12l. altogether was remitted to me—at the end of Nov. 9l. 10s. was owing me—on Tuesday, 27th Nov. I received this letter from the prisoner—(read—"My dear Mrs. Johnson, with a trembling hand, and aching heart, I write you this letter. You will be sorry to hear I have been obliged to sell the greatest and best part of my clothes to pay my expenses. I am better, but I am a poor ceature, scarcely able to go about; when walking in the park on Saturday, for the benefit of the air; I accidentally met with Mrs. Musgrove, a relative to the family I lived with in Manchester; my appearance excited her pity, and she offered to take me with her to Madrid, in Spain, which I have accepted; otherwise I could not have got a place, nor am I able to take one. I hope the sea air may do me good, if I have strength to bear with sea-sickness. I did not write to you before; had I done so, they would have seen my letter; they are all strangers to me, and I do not wish them to know my affairs. You say I am unkind to the child; I hope and trust you will never be called to encounter with the trouble I have; I have suffered great privations on his account to pay you the money I have. I do not wish you to get him more things than I am able to pay for; my heart's desire is to pay you; it will take me some time to earn what I already owe you; my wages are but 15l. per year; had I had my health, and stayed in my place, my wages would have paid you, and brought him up respectably, but I cannot do impossibilities. I have not heard from him since I saw you, nor is it in my power to do anything for him but what I can earn; I wish you would let him go to the parish; if I am spared with life to return to my native land, I will then take him, and do all that lays in my power for him; should I die in going over, I shall request what few things I have left to be sold, and the money sent to you; but you must say it is money I borrowed from you; if it is known, my parents will curse me in my grave. My heart is broken at writing this, but I know not what else to do. If I had not done this, I must have been starved to death. If I am spared with life, you will hear from me in a few months; it may be six months, or it may be twelve, before I return to England; if I live, I leave London at six o'clock this evening. Kiss my dear child for me. I hope you are all well; good night, and God bless you. Yours sincerely, Sarah Drake. Nov. 26th, 1849. 22, Edward-street. I leave here to-night.")—I went the same day to Edward-street, Dorset-square, and got some information, which made me go to Harley-street, but I did not know the number, and did not find her that evening; but on Wednesday morning, the 28th, I went to 33, Harley-street, at a little after ten—I took the child with me—I saw the prisoner, and said, "Good morning"—she said, "Oh, it is Mrs. Johnson; I thought I should see you, by my dream"—I said she was a very cruel woman to cause me so much pain and trouble—she said she could not help it, she could not send me any more money, that she did not know until the night before, that she was not going abroad, that the family had put it off till the spring—I said, "Now, don't say so, Mrs. Drake, for you have no intention of going abroad"—she asked me to walk into the kitchen a few minutes, until she had seen her mistress—I went in, and waited there a few minutes, and then came back to the housekeeper's room, to the prisoner, and told her I must leave the child there, that I was not to take him home any more if I found her—she asked me to take him back for a week—I said, "Mrs. Drake, I must not take him back any more"—she said he was looking a great deal better, and he had got much stouter than when she had seen him last—I told her he had grown a very hearty little fellow, and had got quite well—I said she had better take his pelisse and hat
off, or he would take cold when she took him out—she took them off—there was a little handkerchief round his neck, and she said, "Mrs. Johnson, this is your handkerchief"—I said, "Yes, but you had better keep it to put round him when you take him out, to keep him warm"—I told her he would soon want something to eat—she said, "Very well, Mrs. Johnson; will he eat anything?"—I said, "Yes," and left, leaving the child in the housekeeper's room—I had told the prisoner that my husband intended to summons her for the money, and as I went up the area-steps she called out, and asked me how much it was—I told her 9l. 10s.—she said nothing, and I went home—I last saw the child alive, in the housekeeper's room—during the conversation, the kitchen-maid came in twice to speak to Mrs. Drake, but she went out as soon as she had spoken—on the following Friday, 30th Nov., I again called in Harley-street—I brought the child's clothes, and saw the prisoner alone, in the housekeeper's room—she told me she had got a friend to take the child, who would lend her the money to pay us about the first week in Jan., and asked if I had received a letter from her—I said no, but I dare say my husband would get it at two that day—I told her there was a note inside the parcel of clothes, and the bill—she said, "Very well, I will look at it by-and-bye"—I asked her to kiss the baby for me, and she said, "Yes, I will;" and she had got him out of the house without any one knowing it—on my return home to Croydon, I found this letter from the prisoner—it is in her writing—(read—"Mrs. Johnson, I have got a friend who has taken him, and will lend me the money to pay you the first week in Jan.; their money is out, and they cannot get it before; I have none of my own till I have earned it, and if you summons me I cannot pay you now, and I do not know what advantage you will have in depriving me of my place and character, as I shall then be for ever prevented from earning my bread, and at that time I will send you the full amount I owe you. Providence so provided for me, that I have kept it from any one in the house. I hope and trust you will not expose me. Yours sincerely, Sarah Drake, 33, Upper Harley-street, Cavendish-square. Nov. 29th, 1849")—on Saturday, 8th Dec, I went down to North Leverton, in Nottinghamshire—a coffin was shown me there, with the body of a child in it—it was the child I had had to nurse—there were no clothes in the coffin—Smith showed me a red frock, a black petticoat, and a flannel petticoat, and I recognized them as belonging to the child—I also saw the handkerchief that was round the child's neck when I left it, also a pelisse and a cap—after I discovered that the prisoner's name was Drake I called the child Louis Drake.
Cross-examined by MR. COLLIER. Q. When she first brought the child to you, did she tell you if anything was the matter with it, you were to send for a doctor? A. Yes; she sent me 12l., and the first three months she paid me for it—I never used to call the child by its surname—I always used to call it Luey—in speaking of him to other people, I have spoken of him as Louis Drake—I cannot mention any person to whom I have called the child by both names—I never addressed him by the name of Drake myself, when other people spoke to him, they called him Luey—if any person asked me what his name was, I always told them Louis Drake—I have told a great many persons so.
MARY ANN WIGZELL . In Nov. last I was kitchen-maid to Mr. Huth, of 33, Harley-street—I have been in his service eleven months—the prisoner entered the service on Monday, 26th Nov., as cook and housekeeper—on the next day but one, Wednesday, Mrs. Johnson came with a child, and asked for the prisoner—she was shown into the housekeeper's room—it was soon
after ten o'clock in the morning—she came into the kitchen with the child for a few minutes—I saw her return into the housekeeper's room, which is down stairs, on the same floor as the kitchen—I had occasion to go into the housekeeper's room while Mrs. Johnson was there with the child—I noticed her leaving the house by the area steps, and saw the prisoner run and ask her a question—she then went away without the child, and the prisoner returned into the housekeeper's room—I do not know how long she remained there—I never saw the child again—about half-past twelve I saw the prisoner in the kitchen—she said the woman (Mrs. Johnson) had caused her a great deal of trouble, that she (the prisoner) had been responsible for money, and that the woman said her husband would summons her—(I had not heard what Mrs. Johnson had said to her at the area steps—I was so placed that the prisoner could not see me when she went up the steps—I was in the servants' hall, but the door was nearly shut)—about a quarter of an hour afterwards, she asked if I had got a small box which I could let her have—I said I had one, and I would let her have it—she said she would get me another soon, that she had got clothes which were of no use to her, and she wanted to send them to her sister's children—she did not have the box—she did not ask me for it any more—the servant's dine at one, but it was half-past one that day—she asked the housemaid to help at dinner, because she wanted to write a letter—she told me to go in to my dinner, that she had to go up-stairs for her paper and pens to write her letter—I then went in to my dinner, as she desired me, and next saw her at twenty-five minutes to three, after my dinner—she came down stairs into the kitchen, and told me she had packed her box—soon afterwards I went up into the room where she slept, and I saw a box, packed in a wrapper and corded—the wrapper was sewn with white cotton, and was all over the box—it was one of the boxes she had brought with her on Monday—it remained there all night—I brought it down stairs the following morning, at seven, by her desire, and carried it into the butler's pantry, on the lower floor—it was heavy, I could scarcely carry it down—there was no direction on it—she told me to take it down, and give it to Mr. Glass, the butler, she would send a boy with it to the station, that she did not wish the other servants to see it, because they might think she was sending things out of the house—I put it on the floor in the butler's room, and told him what the prisoner desired me to say—I saw it again about an hour and a half afterwards, still in the pantry, and then lost sight of it—this is the cover of a letter the prisoner gave me to post that day (looking at it)—I do not recollect whether I posted it at Devonshire-street or Great Marylebone-street—it was one of the post-offices in the neighbourhood—this is the box (produced), and this is the wrapper, I know it by the sewing.
Cross-examined. Q. Mrs. Drake came to you on Monday, about what time? A. About eight o'clock—I observed nothing particular about her demeanour next day—she was not very well, she said she had a bad cold, she was not in very good spirits—she kept very much to herself; she appeared rather low-spirited; when she had any opportunity she read—she took every opportunity during the day to read her Bible in her own room, the housekeeper's room; she has been there for an hour by herself; she used to be reading the Bible when I went in—I have seen her praying in her bedroom for half an hour together—that was the day before Mrs. Johnson arrived—I remember her saying that Mrs. Johnson had so distracted her, or words to that effect, that she did not know what she was about—that was about half-past twelve, as near as I can remember—Mrs. Johnson had left about a quarter-past eleven—I did not see her go up-stairs, on Mrs. Johnson refusing
to come back—she went back into the housekeeper's room, where the child was, and I did not see her again till after twelve—as near as I can recollect, only half an hour elapsed between her going into the housekeeper's room and my seeing her again—it might have been a few minutes less.
MR. BODKIN. Q. You have been asked whether she was sociable; were any of the servants known to her before, or were they all strangers? A. All strangers—her room was called the housekeeper's room, but it was for any of the servants to go and sit there—there is a servants' hall, we had our meals there; no one sat there but the footman—she was in the kitchen a great deal during the whole time she was there; she had the superintendence of the servants, and was cook; she was engaged in the kitchen in the performance of her duty—she came about eight o'clock on Monday evening—we went up to bed soon after ten that night—nobody slept in the room but me and her—she said her prayers that night, and I also—she did the same during her stay—the first time I saw her with a Bible was up-stairs, in her own room—she did not read aloud, or say anything to me about it; I had not a Bible that night—she read the Bible, as near as I can recollect, for about half an hour before she said her prayers—before she read the Bible that night, she uupacked the box which she had brought, and took her Bible out of it—I saw her with it out every night, and I have seen her in the housekeeper's room reading it, I think, nearly every day—I had not got my Bible after the Monday night—she never read it aloud—she did not speak to me about anything she read in it—we said our prayers at the same time—sometimes I have gone into the housekeeper's room at ten in the morning, and have seen her reading the Bible, and in the afternoon I have seen her reading again—those were times when her work did not call her into the kitchen—I think she said Mrs. Johnson had so distracted her, I am not quite certain—she did say she had put her out—it was when she was speaking to me about the box, and getting somebody else to attend to the dinner—I told Mr. Herring, the solicitor for the defence, yesterday, about her reading her Bible and a prayer-book she had, in answer to questions he put to me.
SARAH POWELL . I am housemaid at 33, Upper Harley-street, was so on 26th Nov. when the prisoner came as cook. I remember on Wednesday 28th, a person coming with a child—I saw her going away—about five minutes afterwards I went to the housekeeper's room, I tried the door and found it locked on the inside—I said never mind, and went away.
GEORGE GLASS . I am butler in the family of Mr. Huth, of 33, Harley-street. I remember the prisoner coming into the service on Monday 26th Nov.—I think she was hired on the Saturday week previous—I do not know what her wages were, she was a stranger to me—on Wednesday, the 28th, I saw the woman Johnson there, and a child—about three o'clock that day the prisoner told me she wished to send a box to a married sister in the country, containing some left off wearing-apparel, which was of no use to her, and it might be to her sister—she said she intended to have sent it before she came to the situation, but had not had an opportunity of doing so—she asked me how she could forward it to the Railway Station, Euston-square—I told her I would send it by the footman—she asked me if I could do so that evening—I said it would be inconvenient that evening, but I would send him early the following morning—she said that would do—I had that conversation with her in the housekeeper's (the prisoner's) room, which is free to all the servants—I went in—I was not sent for, she asked me at the same time if I would write a direction for the box—I did not do so then; and she told me it was a long direction, perhaps I should not remember it, I had better
set it down—I was then called away, but shortly after I took pen and ink and paper into the kitchen—she was in the kitchen, and I wrote this at her dictation (reads—"Mr. Theophilus Burton, North Leverton, near Redford, Nottinghamshire")—I took it into the pantry, and afterwards copied it on to a card by her desire—this is the card (produced), it is a copy of what I have read, and there is also, in my writing, "Carriage paid, Nov. 29th, 1849"—she told me she wished the carriage to be paid—nothing more passed between us on that afternoon—she did not dine with the other servants that day—I saw her about in the afternoon and evening—she cooked the dinner for the family at half-past six—on the following morning, soon after seven, Mary Ann Wigzell, the kitchen-maid, brought a box into the pantry, and told me that Mrs. Drake had sent it, I knew what to do with it—I asked the prisoner to come into the pantry to see if the direction was properly written—I had sown the direction on the wrapper—I showed her the box, and she read it herself, and said it was quite correct, and gave me two half-crowns to pay the carriage—I gave the box, in that state, and the two half-crowns, to Bryant the footman, between nine and ten that morning—I afterwards told Drake that he had gone with the box; and she then told me if any money was returned from the 5s., I was to give him 6d. for his trouble—that was all that passed then—two or three days after, I asked her if she had received any letter to say the box had arrived safe at its destination—she said no, she did not expect any letter yet, as the village where it was gone to was some distance from a post town.
WILLIAM SKELTON BRYANT . In Nov. last I was in the employment of Mr. Huth, of 33, Harley-street. On Thursday 29th Nov., I received a box from Mr. Glass, the butler—I took it in the state in which I received it to the Euston-square station, booked it and paid the carriage—I believe it was 3s. 6d.—I saw the prisoner about half an hour after I came home, she wanted to give me 6d. for taking the box—I said I was much obliged to her, I did not wish it—she said I should lose nothing by it—I told her that they had told me at the station that they would get the box that same night.
WILLIAM HALL . I drive a coach from Newark to South Retford, which is about six miles from North Leverton; the railway where my parcels come from does not go nearer to North Leverton than Newark. On Friday 30th Nov., I carried a box from the office at Newark to Retford—there was a direction on it; this is it—there was a wrapper round the box—I left it at the White Hart at Retford, where I usually leave my parcels, about half-past four o'clock.
WILLIAM DRAKE . I am a shoemaker, and live in Nottinghamshire—the prisoner is my sister, her name is Sarah Drake, that is her maiden name; she was never married, as far as I know—I have a sister living at North Leverton, married to Theophilus Burton—by her direction I went, on Friday 30th Nov., to the White Hart, East Retford, where I received a box covered with a wrapper—there was a direction upon it—I believe this to be it—I carried the box home to Mr. Burton's over my shoulder, with a stick through the cord—I dropped the direction on the road, on Gringley-hill—when I got the box to North Leverton, Burton took the wrapper off; Mrs. Burton was not there at the time—it was locked; we forced it open with a chisel or piece of iron, and found in it the body of a child—I had seen a letter, in my sisters hand, the day I went to fetch the box—I cannot prove the handwriting of that letter, it was burnt.
Cross-examined by MR. PARRY. Q. Have you always resided where you do
now? A. Yes; at North Leverton—I do not remember when the prisoner first left home, or at what age—she has been absent perhaps eight or nine years, or more—she had not been absent before that.
MR. BODKIN. Q. Is it about eight or nine years ago that she first left? A. More than that; twelve or thirteen, perhaps—she left to go into service—she was at home last Feb., from May 1848, to Feb. 1849—I have not seen her since February.
THEOPHILUS BURTON . I am a blacksmith, and live at North Leverton; I married a sister of the prisoner's. I think I saw the prisoner at our place last Feb.—in Nov. last I remember a letter coming to my house by post—this is the cover of that letter (produced)—I cannot exactly recollect the day it came—it came before the box, the same day—I gave it to my wife—she cold me she burnt it—I did not see her burn it—I read it—the substance of it was, "There will be," or "is, a box at Redford, on Thursday; receive it as soon as possible"—there was no signature to it—I did not know the writing at all—my brother-in-law, William Drake, went to East Retford to fetch the box—I was not at home when it arrived—I saw it about half an hour afterwards—Drake was present—I assisted him in breaking it open, and found in it the body of a child, and some articles of clothing—I took it to Smith, the policeman, and gave it to him
EDWARD SMITH . I am one of the police for the county of Nottingham. On Saturday morning, 1st Dec, Burton brought a box to me in a wrapper—on opening it I found the body of a male child, and articles of wearing apparel belonging to a child—there was no direction on the wrapper then—in consequence of what Drake told me, I looked for that direction, and found it where he described, at the top of Gringley-hill, about a mile and a half from East Retford—this is it—there was a silk handkerchief round the neck of the child—there were no clothes upon it—the inside of the handkerchief was tight round the neck—the outside lap was not tight, it appeared to be stretched—I observed marks round the neck, on the left temple, and left ear—the mark round the neck was a red mark, on the left side—I gave the body of the child, in the same state as I found it, to Mr. Blagg, the surgeon—he saw it on the 3rd—I had not removed the handkerchief—the mark round the neck was visible above the handkerchief—I saw Mr. Blagg take it off, and felt it as he took it off—I did not particularly notice the handkerchief on 1st Dec., when I opened the box—I kept it in the same state, without touching it—I observed the mark on the neck before I showed it to the surgeon, it was just at the top of the handkerchief—the marks on the temple were dark marks, nearly black, and of a round description—I found an apron in the box, which I produce, with the name "S. Drake, 18," on it—it has a little blood and other matter upon it—I produce the clothes that were in the box, and the handkerchief that was round the neck—I afterwards showed those clothes and the handkerchief to Mrs. Johnson, and also the body of the child—I was present when Mr. Blagg examined the body.
Cross-examined by MR. COLLIER. Q. There was a pelisse among other things, was there not? A. Yes, with a cape to it—the lid of the box was not close upon the child.
FRANCIS BLAGG . I am a surgeon, and live at North Leverton. On 3rd Dec. last I was called to examine the dead body of a male child, shown to me by Smith—from its appearance, I should judge it to have been from eighteen months to two years old—it appeared to have died recently, not longer than a week at any rate, and I think not so long—I observed a contusion on the
left side of the forehead, and also on the left ear—the face was swollen and livid, and the tongue was compressed between the teeth—I made an internal examination of the head—upon removing the scalp, I found extravasated blood on the brain, and marks corresponding with the bruise on the left side of the head—there was a contusion visible on the left parietal bone, and there was a corresponding mark under the skin on the pericranium—there was also a bruise on the left ear—in my opinion, the blows I observed on the head were sufficient to have caused death—they were caused by some blunt instrument, or by the child's head being beaten against something, I cannot say which—a blunt instrument would have caused those appearances—a handkerchief was fastened round the neck; it was passed twice round the neck—the inner fold was tight, the outer loose—there was a mark round the neck, but I did not notice before I took the handkerchief off whether that mark was produced by the handkerchief as it was then tied, or whether it was produced before—I untied the knot of the handkerchief, and took it off—I then found a mark round the neck, caused by a ligature—there were decided appearances of strangulation about the child—the eyelids were swollen, the tongue compressed between the teeth, the nails blue, and the fingers contracted—those were the external marks—I think the handkerchief as I found it was not sufficiently tight to prevent respiration, unless it had been held or hung on some substance, decidedly not—the mark of the ligature round the neck indicated a sufficient compression of the throat to cause strangulation—the appearances of strangulation which I saw were sufficient, in my opinion, to have caused death—in my opinion, death was caused by strangulation and the blows combined—either would have produced death, but, finding the two, I am led to the opinion that both combined to produce death.
Cross-examined by MR. COLLIER. Q. On what day was it you examined the body? A. On 3rd Dec.—there was no decomposition at that time—it is not possible for bruises or pressure to produce extravasated blood upon a dead body before it is cold—I think you may produce discolouration—discolouration is the result of extravasation; but I think you could not produce internal extravasation—discolouration necessarily proceeds from extravasation.
MR. BODKIN. Q. In your judgment, could the marks of violence that you saw about this child have been caused by anything done to it after life was extinct? A. Certainly not.
THOMAS KINDER . I am superintendent of the Nottingham police. In consequence of a communication made to me by Smith, I went to North Leverton on 3rd Dec.—I was there when the box and other things that have been produced were taken possession of by Smith—I afterwards came to London; and on 6th Dec. went to 33, Harley-street, accompanied by Whitcher, one of the London-police—I there saw the prisoner in the housekeeper's room—I asked her if her name was Sarah Drake—she said, "Yes"—I said, "From Nottinghamshire"—she said, "Yes"—I then told her that I must apprehend her on suspicion of having murdered her son, Louis Drake—she said, "How do you know that?"—I told her that a box, containing the dead body of a male child, had been sent to North Leverton, Nottinghamshire, and in the box was an apron marked S. Drake—she then sat down and began to cry—she said no more—she was taken to Marylebone police station.
JONATHAN WHITCHER (police-sergeant, A 27). I accompanied Kinder to Harley-street, on 6th Dec.—I searched a cupboard in the housekeeper's room there, and found three aprons, which I produce—they are marked "S. Drake" with black ink—they correspond with the one produced by
Smith—I received a bunch of keys from the prisoner, one of which fitted the box which has been produced—I found a great quantity of wearing apparel belonging to the prisoner in her bed-room in four different boxes, and some in some drawers belonging to the house—a gold watch was found upon her person at the station, and about 1l. in silver—she gave the name of Sarah Drake at the station.
MARY ANN BRIDGE . I am the wife of Thomas Bridge. I am employed at the Marylebone station to search females—when the prisoner was brought there by Whitcher I was called to search her—whilst doing so, I asked her what she was charged with—she did not answer, and I asked her a second time—she then asked if I was a married woman—I told her I was, and had a large family—she said, "Then you can feel for me, and I will tell you; it is all about a child"—I said, "Was it a new-born baby?"—she said, "No, it was two years old, and I hung it;" the woman who had it to nurse brought it, and she was afraid of losing her place through owing the woman some money, and she did it in a moment—she said she then packed it up and sent it into the country to her sister's to be buried, and she supposed it was her sister who had made all the noise about it, and she should be hung—I did not know what she was charged with when she was brought to me.
Cross-examined by MR. COLLIER. Q. Did she state all this quite voluntarily? A. What I have said is the truth—I asked her what she was charged with, as I generally do, and that was all—I did not try to extract this from her—the first thing she said was, "Are you a married woman?" and upon my saying I was, and had a family, she said, "You can feel for me"—she did not say she did not know why she did it, or anything to that effect—she said she did it in a moment, after the woman had been to her about the maintenance of the child—she did not appear dejected—she did not appear anything particular.
MR. COLLIER submitted that it was not shown that the child bore either name stated in the indictment, the evidence showed that he was invariably addressed by Mrs. Johnson as "Luey;" and on some occasions she had told others that his name was Louis Drake; that was not sufficient to show that he had acquired the name of Louis Drake by reputation; he was baptized as "Louis" only; and in those Counts where the name was stated as Louis only, he was also stated to be a bastard child, of which there was no proof; the prisoner's brother only stated that he was not aware she had ever been married, and in the absence of counter evidence the law would presume that the child was legitimate. (See Reg. v. Totley, New Session Cases.) MR. PARRY supported this argument, and said it was clear that there was no evidence to support those Counts calling the child Louis Tavern, and referred to the following cases, viz., Rex v. Waters, 1 Moody's Crown Cases, 457; Reg. v. Stroud, 2 Moody's Crown Cases, 270; Reg. v. Evans, 8 Car. & Payne, 765; the latter case was quoted as one to be probably relied on by the prosecution. MR. BODKIN thought the fallacy of the present argument lay in supposing reputation to consist in addressing the child by name, which, at the tender age of the child, was out of the question. MR. CLERK urged that there was abundant evidence for the Jury that the child had acquired the name of Louis Drake by reputation, and that the prisoner was a single woman: she was so stated on the record, and, as such, had pleaded to the indictment. MR. JUSTICE PATTESON was of
opinion (in which MR. JUSTICE TALFOURD concurred) that there was no evidence to support the Counts alleging the name to be Louis Tavern; but upon both the other sets of Counts it could not be said there was no evidence; and if there was any, it was for the Jury to determine upon.
NOT GUILTY , on the ground of Temporary Insanity.
NEW COURT.—Thursday, January 10th, 1850.
PRESENT—Mr. RECORDER; Mr. Ald. SIDNEY; and Mr. Ald. CARDEN.
Before Mr. Recorder and the Sixth Jury.
338. DAVID WILLIAMS , burglariously breaking and entering the dwelling-house of George Grumbridge, and stealing 2 candlesticks and other articles, value 13s.; his property: having been before convicted.
GEORGE GRUMBRIDGE . I live at 99 and 100, St. George's-street, in the parish of St. George-in-the-East; I am a draper and outfitter. On the night of 7th Jan., my house was safe when I went to bed at half-past twelve o'clock—I came down in the morning about eight—an old table had been drawn across, which prevented the shutters from going down—the door was wide open at the bottom of the stairs at the bottom of the house, which was shut when I went to bed—I missed a pair of candlesticks, a pair of snuffers, and a tray—the back shutter had been bored in several places, and a crow-bar had been put in to wrench it open—there were marks on the window sill, as if a person with cord trowsers had got in—it was shut when I went to bed, and was about two inches up in the morning, as if it had been raised and partly put down again—I found a chisel just inside the window, which did not belong to me—these are the articles which I missed, and we have a shutter here that was pierced.
THOMAS SANSON (policeman, K 85). About a quarter-past four o'clock in the morning of 8th Jan., I saw the prisoner coming towards New Gravel-lane, about one hundred yards from the prosecutor's premises—I stopped him, and asked where he had been at that hour in the morning—he said he had been over the water, and had come round from London-bridge on the Surrey side—Sergeant Edwards was by me, and turned on his light—I saw a dark lantern in the prisoner's pocket, and the top of one of the candlesticks—I took him, and found on him these articles, and a gimlet, a small crow-bar or jemmy, and a knife—I applied the jemmy to the marks on the shutter, it appeared to fit them—I have the shutter here with the marks on it—the shutter is bored with this gimlet, but there is iron on the other side, and he could not effect his purpose.
Prisoner. I know nothing about it; the tools and candlesticks were given to me by a party.
GUILTY . Aged 21.— Transported for Ten Years.
MR. PLATT conducted the Prosecution.
ANTHONY MORRIS . I am a draper, and live at Brentwood. I had a mare in a field belonging to Mr. Neale—I saw it safe on Sunday, 25th Nov., and missed it on Sunday, 2nd Dec.—I saw it in the policeman's possession on the Monday fortnight afterwards—it is worth 18l.
ROBERT WHITE . I am a servant, and live at Brentwood—I was in the New-road, Paddington, on 14th Dec, and saw the prisoner leading a mare—I had seen some description at Brentwood, and looked at the mare's mouth—I concluded it was the same mare, and asked the prisoner where he got it—he said a Mr. Hill, of Edge ware, had given him the mare to lead, and Mr. Hill was to meet him at the Buffalo's Head public-house at two o'clock—I said I thought I knew something about the mare, and the prisoner tried to tie her to the tail of a cart, but the cart was moving, and he was obliged to lead her—I then crossed the road, and told a policeman—the prisoner tied the mare to the back of a dray which was passing, and ran away.
EDMUND RAYMOND (policeman, A 387). On 14th Dec, in consequence of what White said, I went towards where the prisoner was, and saw him leading a mare—while I was speaking to White, the prisoner tied her to a dray—he then walked to a corner, and turned the corner, and ran off as fast as he could—I pursued him, and called "Stop thief!"—he was taken—I took him to the station, and asked him where he got the mare—he at first said she was given him by Mr. Hill, of Edgeware, and he would meet him at the Buffalo's Head at two o'clock—he afterwards said she was given him by Mr. Hill in the New-road, and afterwards, that it was given him by a man he only knew by sight—the mare answered the description in the Hue and Cry—the prisoner first said that he lived-in Somerset-street, Whitechapel, and afterwards, Somerset-street, Bethnal Green-road—I could not find it—this was about three streets from the Buffalo's Head—I did not wait at the Buffalo's Head to look for Mr. Hill.
Prisoner. I told you I lodged at Mr. Rogers's, in Serle-street, but I did not know the number. Witness. No; I afterwards found that you lodged in Sale-street, Bethnal-green-road—you said you lived at No. 12 or 19, but I found it was 24—I am quite clear you said you lived in Somerset-street—I went to a place in Moss Bank, where I found a person named French, and when he saw me he ran away, and from information I found you lived in Sale-street.
JOHN DEVINE . I live in Bowling-green-place, Marylebone. On 14th Dec. I was taken by a man to the Buffalo's Head—I saw the prisoner standing at the door with a mare—I asked him the price of it—he said 8l.—I said that was rather more than the person could give that wanted it—I said, "If you don't sell it between this and four o'clock, if you bring the mare to me, I will make you an offer"—he said, "I am not particular to a pound or so"—he said he was going to take the mare to the White Lion—the mare that I saw in possession of the officer was the same that the prisoner showed me.
Prisoner. I told you I did not know the price, but the man would be there at two o'clock. Witness. No; you said 8l. was the price—you said nothing about Mr. Hill.
Prisoner's Defence. On 14th Dec. a man employed me to lead a horse to the Buffalo's Head, Marylebone, and promised to meet me there by two o'clock in the afternoon, and while on my way there I was apprehended; I know nothing of the man; he said his name was Hill, and he lived at Edgeware,
but I am not able to make the necessary inquiries; I was at Bankside on the Saturday that it is said she was stolen; persons of the name of Boston and Pretty were with me; why did not the man wait to see if Mr. Hill came? it is not likely I should lead the mare about an hour, in the middle of the day, if I had stolen it.
GUILTY of Receiving. Aged 28.— Transported for Ten Years
MR. PARRY conducted the Prosecution.
ROBERT RICHARDS . I am in the employ of Charles and Michael Samuel, of Ludgate-hill. On 2nd Jan., about seven o'clock in the evening, I was employed to take a suit of clothes to Mr. Hall—I rang the bell at the door, a woman came, and I gave her the clothes—my master had ordered me not to deliver them without cash—the woman took them up-stairs, and brought this note down—(read—"Mr. Hall, 5, Poultry, City. Pay the bearer 3l. 11s. for clothes)—I said it would not do, I must either have the clothes or money (that was the first time I had intimated that)—she said his father always paid for his clothes, and he was not of age; and if I were to be in the Poultry by eight, I could get the money—that did not satisfy me, and I said I would take the clothes to his father's, and if he paid, I would bring them back—the prisoner came down dressed in the clothes, but I did not know them, as I had not seen them—I said to him, "I must have the clothes or the money back"—he said, "You will have neither the clothes nor the money; you, nor no one else; if you will be at my father's before eight o'clock, you will have the money," and if I did not get the money in the Poultry, I was to go to a tripe-warehouse, 130, Bishopsgate-street—I went with him there—he said his father was not in the way to speak to him—we then both went to my master, at Ludgate-hill—he stayed outside—I went in and told Mr. Samuels.
Cross-examined by MR. PAYNE. Q. Who did you see at Bishopsgate-street? A. An elderly woman came to the door—the prisoner asked if his father was in—she said, "Yes"—this bill was sent with the clothes; the words "Cash on delivery" are on it—there was some young man in the passage, at the other end; I did not hear him say anything.
COURT to MR. SAMUEL. Q. Have you applied to the father for this money? A. No.
JOHN SEACOMB . I am in Messrs. Samuel's employ. The prisoner came in and desired a coat to be taken out of the window—it was shown to him; he said he would have it—I asked if there was anything else, and he gave an order for a pair of trowsers and a waistcoat—I measured him for them—I did not say a word to him, or he to me, about the terms.
(MR. PARRY here withdrew from the Prosecution.)
NOT GUILTY .
ISAAC SPREADBOROUGH (policeman, D 61). I met the prisoner in Quebec-street, New-road, on 18th Dec, about ten o'clock in the evening, with a sack on his shoulder, and something in it—I followed him to Gloucester-street, New-road, where I met another constable and took him with me—I stopped the prisoner, and said, "Lake, what have you got in that sack?"—he said, "Nothing"—I said, "I think you have"—he threw it down and said,
"You can look if you like"—while I was looking, he ran off—I sent the other officer after him—I found in the sack the carcass of a sheep—it was given up—this is the shank-bone of it—it weighed 80lbs.—it had been recently killed.
Prisoner. He said, "I will settle you now, if I can;" I said, "I will go back quietly."
CHARLES LOVEGROVE . I am in the service of Thomas Langham, a butcher, of Oxford-terrace, Edgeware-road. The policeman showed me the mutton—it had been in my employer's slaughter-house—I had dressed it—there was the whole sheep, except the entrails—it had been hung up to be sold—I have seen it since—this is a bone of it, I know it was the same animal—the staple of the slaughter-house was forced off the door, the tiles taken off, and some one had got in, and forced open the door with a pole-axe—I saw the sheep safe about half-past six o'clock that evening—I should think the prisoner was taken about three-quarters of a mile from our place.
Prisoner's Defence. A man told me to carry it for him; he said it was a dead sheep; he wanted to get it away before the morning.
JOHN PARKER . I am a stone-mason, and live in John-street, Edgware-road. I was drinking with the prisoner, in a beer-shop in Stingo-lane—I cannot recollect what day it was—we went in about three o'clock, and stayed till eight or nine—Charles Lewis was there—some man came in, and called Lake out—he had a lightish sort of a coat on, and a black hat—I did not take notice whether he had any apron—I thought it might be somebody come that wanted him for a job—he did not come back; I did not see him again till now—I heard in the morning that he was taken for stealing a sheep.
COURT. Q. Was it a tall or a short man that called him out? A. Not a very tall man; it was not me—I did not go out with him when he was called out—I stopped till twelve o'clock—I was not before the Magistrate, to be called in—I had a job to go to—the prisoner knew where I lived—I know the prosecutor's premises; his slaughter-house is in Tooting-court, not where his house is; I dare say that may be 200 yards from the beer-shop—it might be half-past eight or nine when the prisoner was called out of the beer-shop—if the owner had asked me to get on the roof of the slaughter-house, I should have borrowed a ladder, which I should have put in Tooting-court—the back of the slaughter-house is in Croydon-street.
GUILTY .** Aged 25.— Transported for Ten Years.
JOSEPH JAMES CASTLE . I am a carver, of Fleet-street, Bethnal-green. I sleep in the workshop—on 19th Nov. the prisoner came there a little before five o'clock—he asked for a job (he had before worked for Mr. Wingate, my master)—he had no work for him, and I gave him some work of mine—I had a silver watch in the room, which I placed between the bedclothes—the prisoner saw me do it—I followed Mr. Wingate down stairs to get my tea, leaving the prisoner in the shop—I heard him come down, and I said to him,
"Mind you come back, and finish your work"—he said, "Yes"—when I went to bed at night my watch was gone—it has not been found—I did not see the prisoner again till I met him, and gave him into custody—I could not earn more than 6d. an hour, and told him I could give him but 4d.—I paid him 2d., and told him he could earn only 4d. an hour—he said, "Never mind that."
Prisoner. I worked from four o'clock till five; I went home to tea; I found the job did not suit me, and I did not return.
THOMAS WINGATE . I am a chair-maker. Castle was in my employ—the prisoner came to my shop on 19th Nov., about three o'clock in the afternoon—Castle gave him some of his work to do—he was in the shop till five—I was not out of the shop till I went down to tea—I was absent twenty minutes—after I came back I was in the shop again till half-past nine at night—no one but him had been in the house, and no one had an opportunity of getting this watch but the prisoner—no one could have gone up while I was at tea—I did not take it.
Prisoner. I have been up to the shop many times while he has been having his dinner, and waited for his coming; he has found me there, not having heard me go up. Witness. Never; no one can get in without being let in by my wife—I let the lower part of the house.
JURY to JOSEPH JAMES CASTLE. Q. What did you give him 2d. for? A. For papering a chair—I paid him before he had done it—he asked me for it to get something to eat—I have used him like a brother—he never worked for me before, but he had for Mr. Wingate—I have on former occasions given him victuals, and 1d. to get half-a-pint of beer.
NOT GUILTY .
MR. CHARNOCK conducted the Prosecution.
ELIZABETH METTAM . I am the daughter of James Mettam, of the China Ship, Hermitage-street, in the parish of St. George-in-the-East. The prisoners had been several times to my father's house prior to 12th Dec.—On 12th Dec. they came accompanied by another person—Budd, and the other person who has escaped, came in first—it was about twelve o'clock in the day—I was in the bar—they said, "Good morning, Miss; how is your father?"—I said, "Not very well, he is not about"—they said it was very cold, and walked in, and stood at the entrance of the bar-parlour, which turns round to go up to the club-room, on the first floor—they went up, and I asked if they would like a fire—they said no, they were not going to stop; but they stopped, and I ordered the servant to light a fire—the bedroom is on the same floor, facing the club-room—the prisoners and the other man were all together when the conversation took place about lighting the fire—they went up-stairs together—my father was not about, he was in the bedroom—they came down about a quarter before three—my father was still up-stairs—they had several pints of ale, which I took up, as the servant was engaged—when they came down, they called for another pint of ale, and while they were standing at the bar it was proposed to meet there that day week—they left about three o'clock—after that, having answered the parlour-bell, I went in there, and saw Hughes sitting there, whom I had not seen come in; but there is a back-way to our house; the front-way is in one street, and the back-way in another, and going
in once or twice, I also saw the man who has escaped, sitting opposite Hughes—Budd came in in about half an hour, the front-way—he walked quickly by the bar, and said, "Good afternoon, Miss"—he went into the parlour, and called for a pint of porter, which I supplied—as I had taken in the porter, and got the money, my father was coming down-stairs—the parlour-door was open—the persons in the parlour could see him come down—the parlour-door opens in the passage, opposite the bar—some time after, I went up-stairs to see whether the club-room fire was alight, and as I came down I saw Budd and the one who has escaped, walk up the passage as if they had come from the parlour-door—Hughes came out of the parlour, and they all three went up-stairs, saying, "We may as well go up, and have another game"—(they had been playing from twelve till three at the bagatelle-board)—immediately after they had gone up, Hughes came down, and asked for a glass of brandy-and-water—I said I would bring it up—he said, "Oh no, I will take it up"—I let him take it up—that was just before five o'clock—my father keeps a desk in his bedroom—I had been there that morning, about half-past eleven, for a check—the desk was locked; my father gave me the key to open it—I opened it, locked it again, and gave the key to my father—I did not take out any sovereigns—my attention was not called to the cash.
ELIZA BARBER . I am servant to Mr. Mettam. On 12th Dec., about five o'clock, I heard a noise, which I thought was my master's bedroom-door opening or shutting—I went up, and saw Hughes standing at the club-room door with a glass in his hand, looking towards the bedroom-door—I came down, and told my mistress.
Cross-examined by MR. ROBINSON. Q. You did not see the bed-room door? A. No.
Cross-examined by MR. O'BRIEN. Q. Did you see the club-room door? A. I could see it was wide open—it is opposite the stairs—the bed-room door turns to the left—I was about half-way on the stairs, standing so as to see the club-room door, not the bed-room; I could not see that without going further up—the club-room door was behind Hughes's back.
SOPHIA METTAM . I am the wife of James Mettam. On receiving a communication from Barber, I proceeded up-stairs, about five o'clock, and saw Hughes on the landing—he handed me a glass, and wished me to get it filled—I went down two or three steps out of sight, and, not hearing the footsteps of Hughes going into the club-room, I went back, and saw Budd in my bedroom, and Hughes in the act of going in—he was not where he was when I took the glass from him, he was nearer the bed-room door; his face was towards the bed-room; he was close to it, and the bed-room door was open—I was terrified, and went down-stairs—both the prisoners rushed after me down-stairs—there was another one, but I did not see him when I went up; he was in the bagatelle-room—he rushed down with the others, and escaped—when they rushed down, I seized Budd till assistance came—Hughes was standing very near Budd; they were both in the passage—Budd gave a snatch or two to get out of my grasp—I said, "This man has been in my bed-room"—Budd said, "Oh dear, Madam, you are mistaken!"—my husband then came up.
Cross-examined by MR. ROBINSON. Q. It was dusk? A. Yes; we have no gas-light on the stairs, but there is gas at the bottom—I was about three steps from the upper landing when I saw Budd in the bed-room—he had the bed-room door in his hand—he was in the room—he immediately came down, and Hughes too—Hughes did not ask me why I did not get him his brandy and water—the third man was playing bagatelle in the club-room—Budd and
Hughes came down first, and the third man must have come out of the room and followed them—I heard the balls goings when I was on the stairs—there was nobody in the club-room except the third man, the balls must have been set going by him—he then rushed past me, and mysteriously escaped—he did not at once escape, I saw him afterwards up-stairs—I cannot say whether he rushed up again while I had hold of Budd—I was alarmed.
Cross-examined by MR. O'BRIEN. Q. At the time you took hold of Budd, Hughes stood by? A. They both came down together—when I got to the bottom of the stairs I gave the alarm about a man being in my bed-room—the prisoners both rushed past me on the stairs—Hughes stood by, a minute or two before any of the company came to my assistance—some persons in the passage came to my assistance—Hughes did not go away when I had hold of Budd—the doors were fastened, in consequence of the alarm.
JAMES METTAM . I am landlord of the China Ship. On 12th Dec. I was in bed till about four o'clock—I had in my bed-room a desk—the key was in my pocket—I had eight sovereigns in it—I saw them safe about twelve o'clock the day before—in the mean time I had only parted with the key to my daughter—after she had been to the desk she gave me the key again—when I got up I went to the desk, and took a small box, containing cash and notes, down in my hand—there was no money in the desk but eight sovereigns, which were together in a small hole in the desk—I left my room door shut, but not locked—I went into my cellar in about twenty minutes, and I heard my wife and daughter call—I came up as soon as I could—I found my wife contending with Budd—my pot-man had hold of Hughes—my wife was charging Budd with being in the bed-room—I said, "Gentlemen, what have you been in my bed-room for? walk into the parlour, and let me go and see if I have lost anything"—they said, "Let us go"—I said, "Shut the doors, lock and bolt them, and don't let them go!"—I went to my bed-room, found my desk unlocked, and missed five sovereigns out of the eight from the pigeon-hole—when I returned, and said I had lost some money, and should detain them, and send for a policeman, they said, "We will fetch a policeman ourselves"—I said, "Gentlemen, I have done that already"—there was very great scuffling and fighting with them, with Budd in particular—there were many blows struck, and a great deal of fighting—I heard the noise of glass breaking—Budd caught the action of our eyes, and ran up-stairs—we ran after him to the club-room, and he was jumping out of the window—he got out, and was brought in again by the policeman—when we came down, the third man was gone—Hughes was there—they could not get out of the parlour door.
Cross-examined by MR. ROBINSON. Q. Budd was brought back immediately? A. Yes—when I got up at four o'clock, I went to get my cash-box—I did not see my sovereigns then—I had not given change for any check or note the day before—I gave a 5l. note for some silver—five sovereigns were brought down first, and I took them up again—the sovereigns had been in the desk very likely a fortnight—my daughter is not in the habit of going and getting change for me without my knowledge—sometimes they send a check in, and I send her to get money; not my wife—I mean to swear, that on the day before, when my daughter brought down five sovereigns and I took them up again, I counted the whole eight sovereigns; I took them in my hand—my daughter did not ask me for the key, she took it out of my trowsers' pocket—I recollect locking the desk when I went down that day.
JOHN WARREN . I was pot-boy to Mr. Mettam; I was there on 12th Dec. I heard Mrs. Mettam call out—I ran up to the bar, and she had got hold of Budd by the collar—Hughes said, "It is all right, let us go"—Mr
Mettam came up and said, "Go into the parlour"—the doors were bolted directly—Budd unbolted the top bolt of one door but not the other—he laid hold of me and lifted me up, and I picked up a skeleton-key—I was then down, and Budd on the top of me—there is a door in the passage with panes of glass in it—I heard a noise which I thought was the glass breaking, and found under me this bunch of skeleton-keys, in the spot where Budd and I had been; and I picked up this piece of candle.
THOMAS KELLY (police-sergeant, H 2). I was at the station on 12th Dec., when the prisoners were brought there—I told Budd he was charged with stealing money from the desk in Mr. Mettam's bed-room—he said it was false, he was an honest hardworking man—I asked where he lived—he said, "I shan't tell you"—I asked Hughes; he said his wife was in the family-way, and he was afraid his telling me would frighten her—I received these keys—these two locked and unlocked the desk in the bed-room.
BUDD— GUILTY . Aged 32.—
HUGHES— GUILTY . Aged 48.—
Transported for Ten Years.
344. HENRY SMITH and JOHN REED , robbery on Richard Bloe, and stealing 1 scarf, value 1s. 6d., 2 half-sovereigns, and 2 half-crowns: Reed having been before convicted. MR. PAYNE conducted the Prosecution.
RICHARD BLOE . I am a bookbinder, of Hatfield-street, St. Luke's. On 29th Dec. I was in the Maidenhead public-house, in Goswell-street, about a quarter-past eight o'clock—I had something to drink with one of my mates—I remained there nearly two hours—I saw both the prisoners there; they were not acquaintances of mine—I knew them by sight, particularly Smith—I left the house as near half-past ten as possible—the prisoners left at the same time—I was a little the worse for liquor, but I knew what I was about—the prisoners laid hold of my arm, to see me home, as they said—when we got to Hatfield-street, which leads into Golden-lane, I was knocked down by Smith; Reed laid hold of my mouth, so that I could not halloo—Smith pulled a knife out of his pocket, and with it cut my watch-pocket, where I had two half-sovereigns, which were safe before I came out of the house—I lost them—I had two half-crowns in my breeches'-pocket, and they were gone too—they were safe about a minute before I came out of the house—Smith took the scarf off my neck—they then ran away different ways.
Cross-examined by MR. O'BRIEN. Q. This was between ten and eleven o'clock at night? A. About half-past ten—Hatfield-street is not well lighted—there are about two lamps in the street—I was about thirty yards down the street—I could not call for the police; the hand was on my mouth—after they ran away, I hallooed out "Murder!"—I was carried home by two neighbours, and put to bed—I told them where I lived—I have not seen them since—I was not many yards from the house I live in—it was about thirty yards from the public-house which is at the corner of Hatfield-street—I had not been in company with any one but my shop-mate—there was one woman in the tap-room; I did not treat her—I went to the police-office on Sunday night, I was too ill to go there in the morning—I did not get up till night—I had paid at the public-house for three pots of half-and-half, and one quartern of gin—I had had one quartern of gin before that—I had paid with small change; I never changed a half-crown—I had no occasion to take out the half-sovereigns—I had put them in my fob when I was at the bar treating my shopmate—I had had no brandy that day—I had one drop of brandy-and-water with the foreman—we had 6d. worth between three of us, in Butcherhall-lane, at seven, that morning.
Cross-examined by MR. PRENDERGAST, JUN. Q. Does your shopmate wear a bonnet? A. I do not think he does—there was one woman in the public-house—she drank, but I did not treat her—there are other houses between the public-house and where I fell down, but I did not go into them—my shopmate left me as soon as he had something at the bar.
JOHN HARVEY (police-sergeant, H 14). I took Smith—I told him the charge—he said he knew nothing about it—on the way to the station, he said the prosecutor was flashing his money; that the other one had it, and bolted, and he had none of it—the public-house is thirty or forty yards from where the prosecutor was knocked down—it is a very dark street.
Cross-examined by MR. O'BRIEN. Q. Did you search Smith? A. Yes, I found a knife, and 1s. 3d. on him—I should think this happened within three or four yards of the prosecutor's door.
JOHN REEVE (policeman, A 424). I took Reed at the Maidenhead—I told him he was charged together with Smith with assaulting and robbing Mr. Bloe—that was on the Sunday-week following—we had been searching for him all the week and could not find him.
MR. O'BRIEN called
WILLIAM HILL . I am a carver and gilder, and have lived in Sidney-street, City-road, for two years—I formerly lived in Fore-street—I have known Smith from infancy—he has been rather wild of late, but I believe had a very good character for honesty.
Cross-examined by MR. PAYNE. Q. Has he ever been summarily convicted? A. I do not know—I do not know that he has been tried; I have never heard of it—I have been intimate with him—I do not know that he lives with a prostitute, who makes men drunk—he worked for me about a week, about six months ago—I do not know how he has been getting his living since—I do not know that he was tried about some cigars.
COURT. Q. Has there been time for him to have been convicted without your knowing it? A. Yes, plenty of time.
MR. PAYNE called
JAMES BRANNAN . I am an inspector of police—I have known Smith eight years, he has been a thief from that time—I had him summarily convicted for stealing some tobacco—he cohabits with a prostitute who makes drunken men her prey, assisted by him and his fellow-prisoner—I have had my eye upon them—I had him tried here in Oct. last, for robbing a ready-furnished lodging, he was acquitted, and he has been summarily convicted for an assault on a lady.
Reed. I can prove that I was in the house when this other man was taken. Witness. I positively swear he was not.
SMITH— GUILTY . Aged 25.
REED— GUILTY .** Aged 26
Transported for Fifteen Years.
JAMES GOSTLING . I am a carpenter, of Stoke Newington. I was at work at a building in Bloomfield-street, on the 21st Dec.—I left between twelve and one o'clock, to fetch some beer for dinner—when I got back I missed my saw and my dinner, which I had laid out—I found my saw in pawn at the first pawnbroker's I came to.
Prisoner's Defence. A man gave me 2d. to pawn it, and told me to put the dinner into my pocket.
GEORGE LANGDON . I produce a certificate of the prisoner's conviction—(read—Convicted Feb., 1848, confined three months, and whipped)—he is the person—his father is a respectable man; he has tried everything with him, but can do nothing—he stole his mother's cloak and pawned it, and stole some tools where he was working.
GUILTY . Aged 16.— Confined One Year.
THIRD COURT.—Thursday, January 10th, 1850.
PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. Ald. HOOPER; and
Before Edward Bullock, Esq., and the Seventh Jury.
GUILTY . Aged 24.— Confined Four Months.
HENRY ELSDEN . On the 3rd Jan., between six and seven o'clock in the morning, I was in the Harrow, at Poplar, and saw the prisoners there—I went into the water-closet in the back-yard—Palmer came to me, and I felt her take the money out of my left-hand trowsers pocket—I followed her to the tap-room, and saw her give something into Sullivan's hand, who was near the fire-place—I afterwards saw Sullivan take his hand away from the fire—I had 15s. or 16s. in shillings and half-crowns, and I know I had it safe when I went into the yard—I had changed a sovereign in the house about two hours before—I then had 16s. or 18s. in my pocket—after Palmer left me I had a halfpenny left.
Cross-examined by MR. BALLANTINE. Q. Did the woman go into the yard with you? A. No, she came in about five minutes after—I was not waiting there for her—I did not expect her—my trowsers were not buttoned up—nothing took place before she took the money.
WILLIAM WILLOUGHBY (policeman, K 32). Between nine and ten o'clock I was passing the public-house, and was called by the prosecutor, who said, in the presence of the prisoners, "I have heen robbed of 15s. by this female; I saw her give the money to this man; I believe it is in the fire-place, as I saw him take his hand from it"—I found three half-crowns at the back of the grate—I received a shawl, which Palmer afterwards put on, from the settle, and a half-crown dropped from it—I also found two halfpence—I took the prisoners into custody—Palmer said, in the hearing of Sullivan, "I do not believe he has been robbed"—Sullivan said, "I have no money in my pocket"—at the station Palmer said, in Sullivan's hearing. "I went down the yard with him; he gave me three half-crowns, another dropped on the floor; I picked it up and went into the house; I gave the man this money, as I thought there would be a bother about it."
—I saw the landlord give the prosecutor change for a sovereign; after that he went backwards, and when he got to the back door he beckoned to the girl to come with him—she went—they were out together half or three-quarters of an hour—they came back to the tap-room, and in three or four minutes the prosecutor said he had been robbed, and called a policeman—if there was any handing from one to another I did not see it.
Palmer. Q. Did you not notice the prosecutor with his arm round my neck after we came into the tap-room again? A. Yes, he was kissing you.
NOT GUILTY .
348. WILLIAM HASLAM , stealing 1 wooden box, 37lbs. weight of tea, 25 lbs. weight of coffee, and other articles, value 9l. 6s.; the goods of the Eastern Counties Railway Company, having been before convicted:—2nd COUNT, for receiving the same.
MR. BALLANTINE conducted the Prosecution.
JOSEPH BATT . I live at 2, Gossett-street, Bethnal-green, and am in the service of Mr. Rose, a grocer, of Shoreditch. On 27th and 28th Dec. I packed a box with tea, sugar, and coffee in it, to the value of 8l. 18s. 10d.—I saw the direction put on, "Miss Tasker, tea-dealer, Horncastle, Lincolnshire"—I delivered it to the Eastern Counties Railway—it is usual to send the invoice by post from the counting-house—I did not see it.
Cross-examined by MR. RIBTON. Q. How long have you been in Mr. Rose's employment? A. Turned two years—I am in the habit of packing such articles daily—I pack large quantities—parcels marked like these are not sold in the shop—those sold in the shop are done up in plain paper, except the printing and poetry—they do not have the price on them, none sold in town have—there are about seventeen persons employed in the shop.
MR. BALLANTINE. Q. You have not got back all the packages? A. No; 365 were sent, and we have not recovered 70—I have no doubt these packages (produced) are what I put in on the 27th.
WILLIAM TURNER . I am a carman, in the employ of the Eastern Counties Railway Company. On 28th Dec. I received a box at Mr. Rose's, which I delivered at the station at half-past seven o'clock in the evening.
ROBERT LIDDALL . I am a porter, in the employ of the Eastern Counties Railway Company. On the morning of 29th Dec. I saw a box from Mr. Rose's—it ought to have gone by the Peterborough train, at eight o'clock that night—before that train went I missed it.
Cross-examined. Q. What station was it to be sent to? A. Kirkstead station—I did not send for it—the packages are brought to me every week—I live seven or eight miles from the station, and trust to the parties there bringing me the articles—I sent to make inquiry at the station by Roberts, who is not here.
MR. BALLANTINE to ROBERT LIDDALL. Q. Does an invoice go with the train, containing a list? Q. Yes—in consequence of missing this package it was erased from the invoice before it went.
MR. RIBTON. Q. Did you see the clerk erase it? A. I saw him put his pen across it—I searched a quarter of an hour for it—I had seen it before—there were a great quantity of goods on the same platform, but none for the same station—it is a way-bill that is sent, not an invoice.
twelve and one o'clock, I was in Hunt-street, Mile-end New-town, and saw the prisoner, who I knew before, coming towards me with a large bundle tied up in this handkerchief—when he got within fifty yards of me he turned back—I followed him into Whitechapel-road, overtook him, and said, "Haslam, where are you living now since you left the beer-shop?"—he said, "Mr. Teakle, I do not wish to insult you, but I do not think it has anything to do with you"—I said, "Perhaps you will tell me what that bundle contains"—he said, "Do you wish to show me up?"—I said, "I must know what it contains"—he said grocery; he bought it at Mr. Rose's, in Shoreditch—I asked when he bought it—he said at various times, a little at a time—I said that would not do for me, I must make inquiry about it—he asked me to step to one side; we were in the middle of the road—we went to one side, and he said, "I know you wish to show me up, had you not better take a couple of couters and let me pass?"—couters are sovereigns—I said, "Certainly not"—I took him to the station, and found sixty-eight packages of tea, coffee, and sugar, as I now produce them (produced).
Cross-examined. Q. What are these? A. Quarter pounds of tea—they were wrapped in the handkerchief—he said he was going to send them to a friend of his in the country—he went very quietly to the station—he is married, and has a wife and four children.
GUILTY . Aged 30.— Transported for Seven Years.
WILLIAM BUTTERTON . I live at Great George-street, Westminster, and am secretary of the West Cornwall Railway Company, where the prisoner was clerk—I keep the money in my back office, in an iron safe and leather bag—in consequence of suspicions one day last week, I marked two half-sovereigns, and about two o'clock put them into the bag and the bag in the safe, which I left open—I consider the money was mine, I was answerable for it—between two and half-past I examined the cash, and missed a sovereign—the one produced by Field is one I put in—I sent for the police, and procured the attendance of the whole of the officers of the establishment, and Captain Morson, the chairman—I then stated to Captain Morson, that I had lost money, and had that day lost a sovereign, saying I had marked one—Inspector Field then expressed a wish to search the parties present, and first commenced on Hart who was nearest to him—he asked Hart what money he had—he said, "Some silver" I believe, and produced something like 10s. in silver—Field asked him if he had a sovereign about him—I cannot say whether he returned any answer, but he produced a sovereign from his waistcoat pocket—Field took it up, handed it to me, and asked me if it was my money—I examined the mark and date, and it was mine.
Cross-examined by MR. ROBINSON. Q. There is a petty-cash drawer, is there not? A. Yes; the prisoner had authority to go there, and take money for his daily expenses—I gave him license to that extent, about six weeks ago—the drawer was about two yards from the bag—he would have to spend money for the Company—I have a very high opinion of him—I would try as far I could to get him into the Company's service again—I believe there would be a difficulty—his family is very respectable—he is not yet sixteen years old.
CHARLES FREDERICK FIELD (police-inspector). I was called to the Company's house—the prisoner was called into the room, and Captain Morson the chairman, and two other parties came in—Mr. Butterton told Captain Morson he had lost a sovereign that afternoon—the prisoner was nearest to me, and I asked him if he had any silver—he said, "Yes"—I asked him if he had no sovereign—I cannot say whether he said yes or not—he was busy pulling the money out of his pocket, and I caught the sovereign out of his hand—he did not say he had not got one—I gave it to Mr. Butterton—he examined it, and found it was one he knew.
(The prisoner received a good character.)
NOT GUILTY .
NOT GUILTY .
GUILTY .— Confined Twelve Months.
(MR. BODKIN offered no evidence.)
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
WILLIAM JOHN JOSEPH WICKERS . I am an appraiser of 16, Sussex-place, Old Kent-road. I produce a distress warrant for rent from Mr. Roberts, which authorized me to enter the house 22, Thanet-street—I went in the middle of the day, when the prisoner was not at home—he was a lodger there—I told all the lodgers they must take their goods away—I first saw the prisoner between four and five o'clock, when I was in the kitchen seeing the lodgers clear out their things—he came down to me and said, "Are you the broker?"—I said, "I am"—he said that was a d—d lie—he said, "Have you got a certificate?"—I said I had got a warrant, and it was in my man's possession up-stairs—he said he was a lodger—I told him he might take his goods away if he liked, the greater portion was gone, and he might take the rest away—his wife was engaged in removing them—he rushed up-stairs for a pair of pistols, saying he would clear the house—he tore up-stairs—I heard the cries of children, and a piece of timber came over the top of the stairs—he then came down-stairs with this piece of a bedstead (produced), and struck me on the lip and nose with the end of it—here is blood on the end of it—I fell down, and laid stunned for two or three seconds—I then got up and inquired for him—one of the men said he had gone down the street, and I followed him—he tried to get away, and I said he must go to the station—he said he should give me in custody—I told him he could if he liked—we went to the station—I became faint from the loss of blood, and the officer can tell the rest—I lost a great deal of blood—
I was taken to a surgeon, and he dressed my wounds—I believe the prisoner was the worse for liquor.
Cross-examined by MR. PARNELL. Q. What became of the wood? A. It fell on the floor; it was part of what his wife was removing—it was so sudden that I have no means of saying whether he was very excited—Mr. Roberts employed me—the house was Mr. Harbey's—he had not paid his rent, and it was let to these different lodgers—the prisoner owed Mr. Harbey rent—he only occupied one room—I cannot say whether he has four or five children, I saw two or three in a very distressed state—I did not follow his goods, nor did Mr. Roberts—I do not know what the prisoner is; I judge he is a carpenter from what I saw in the room.
MR. ROBINSON. Q. The warrant authorised you to take anything on the premises? A. Yes; I allowed him to take his things away as a favour—I kept my bed for five days—after that, the wound broke out again, and I was in bed a fortnight—I am not well now—I cannot speak well, the upper lip has adhered to the jaw.
THOMAS BORDON . I live at 2, Arthur-street, Old Kent-road. I had the warrant, and was in the parlour when I heard a piece of wood tumble over the banister—I went out, and saw the prisoner come down with this piece of timber in his hand—when about four stairs from the bottom, he cried out, "Stand clear! stand clear!" and threw it at Mr. Wickers, and struck him in the face—the prisoner ran away, Mr. Wickers got up and followed him—I had seen him when he first came borne, and his wife told him there was a distress in for 21l.—he said, "Bring me my pistols! bring me my pistols! I will soon clear them."
Cross-examined. Q. Did you know him before? A. No; I believe he is very poor, and has four children—he went on like a madman.
HENRY RAVEN . I am a surgeon, at Hunter-street, Brunswick-square. I attended the prosecutor—there was a wound on the upper lip, completely through it to the jaw-bone, and another through the tip of the nose—they may have been caused by one blow—they were dangerous wounds, but his life was not in danger—it might produce a permanent injury to him.
Cross-examined. Q. He Is now going on very well? A. I believe so—I only saw him once.
(The prisoner received a good character.)
GUILTY of an Assault. Aged 35.—Recommended to mercy by the Prosecutor.
Confined Seven Days.
MR. MELLER conducted the Prosecution.
JOSEPH CALVERT . I live at Bow-common, and am a carman. I knew the prisoner about twelve years ago—he was then apprenticed to a smith, and left before his time was up—I do not know that I have seen him since till the afternoon after Christmas-day, as I was going along Bridge-street, Stepney, when he invited me indoors—he asked me to have a drop of ale, and I had one glass—he then asked me to have some gin, or something out of a bottle—I had two glasses of it, which had a stupifying effect on me, such as I never felt before, and made me unwell—I had only had a pint of beer in the course of the day. and this was at half-past three o'clock—the prisoner's mother, who is near sixty years old, and two other females were present, but those two females left—we then went to a beer-shop, and they invited me back again to
the house—I felt queer, and asked to go backwards—Mrs. Balls showed me the place, and went away—I saw no more of her—in about a minute the prisoner came and dragged me out, saying, "What are you doing here, taking liberties with my mother?"—I said, "I do not know about taking liberties, I only asked leave to come here"—he dragged me out by the collar, and knocked me down on the floor by a blow with his fist—I said, "What have I done, that I am going to be knocked down?"—he knocked me down again, and did not allow me to say anything—I said, "If I have misbehaved myself, call a policeman," and he said, "I will see about calling a policeman," and upon that he pulled me into the house, got a poker and a knife, and said, "You b—r, if you move an inch I will murder you"—I called "Murder!" and "Police!" as hard as I could—he then locked the door—he had another man in the house to assist him, and he robbed me of 5s., my hat, and silk handkerchief—when he dragged me into the house I said, "What have I done, that you use me in that way?"—he said, "I will let you know," and bit me on the head with the poker—I bled nearly two quarts—I called out "Murder!"—the prisoner held me while the other man robbed me of the 5s. from my right-hand trowsers-pocket—I suspect it was the other man—I felt either his or the prisoner's hand in my pocket—supposing it was the other man, the prisoner must have seen it—some people came round the door—a woman let in the police, and while the prisoner was trying to stop them, I got out at the back window, and went to the doctor's—there is no ground for charging me with taking liberties with his mother.
Prisoner. Q. What time did you come to the house? A. After three o'clock—there were three or four persons in the room at the time—I, your mother, and the two girls went to the beer-shop—the landlord did not give me a glass of gin, it being boxing-day—beer-shops are not allowed to sell gin—I cannot say whether it was you or your mother invited me into the house the second time—Mrs. Balls was not in an indecent position with me—you did not tell me not to throw the pot at your head—when you were taken to the station I charged you by yourself with a violent assault, with intent to do grievous bodily harm, and attempting to steal my hat and 5s.—I mentioned the other man, and said I did not know his name—I was blind the next day, and could not go to the station—I had your witness taken into custody on the Saturday, and charged him with taking the 5s. out of my pocket while you held me—he was discharged by the Magistrate.
COURT. Q. Do you swear that be took up a knife? A. Yes—this is my signature to this deposition (looking at it)—it was read over to me, and I said it was all right.
COURT. Here is not a word about a knife here? Witness. He had a knife, poker, and tongs—my hat and handkerchief were sent back by a strange man last Sunday week.
SARAH BARR . I am the wife of Martin Barr, of 8, Bow Common-lane. On the day after Christmas-day I was passing the prisoner's house, and heard a disturbance—I looked through the window, and saw the prisoner standing at the door, which was fastened, with something in his hand—I cannot say whether it was a knife or poker—Calvert was sitting on a seat, and made an attempt to leave—the prisoner said if he attempted to leave he was a dead man.
Prisoner. I can only assert it is false.
JAMES WHITE (policeman, K 313). About six o'clock on this Wednesday evening I saw a crowd round the house—I saw the prisoner with the poker, tongs, and kettle in his hand, and saw blood on his face and his shirtsleeve
—I asked him if Mr. Calvert was there—he said no, he had got out of the window, and if I was not b—y soon off he would serve me the same—I afterwards took him into custody.
Prisoner. Q. Did not Calvert distinctly charge me by myself with stealing his hat and 5s., and with the assault? A. I did not hear him charge my one but you.
REUBEN WEBB , (policeman, K 171). I came up shortly after White, and told the prisoner he was wanted—he asked whit for—I told him for ill-using a man—he said he had b—y well malleted him about the head, but "I did not use poker or knife."
Prisoner. Q. Did Calvert charge any one else with the robbery? A. He said you had robbed him of 5s., his hat, and handkerchief—the next day he was not able to appear before the Magistrate, but on the Saturday he pointed out the man that was with you.
WILLIAM NIX . I am a surgeon, at Saville-place, Mile-end. I saw Calvert on the Wednesday evening, and saw a wound in his forehead, in a downward direction, about an inch in length—it was incised, but not a clean cut wound—it might have been done by a sharp-edged poker—he was very not pallid—there were marks of blood over him—I cannot tell whether he had bled very much—a wound inflicted by a poker might hare been very dangerous, in consequence of concussion, and of erysipelas—I attended him till the Sunday—all wounds on the head are of a dangerous character more or less.
Prisoner. Q. Might not such a wound have been inflicted by falling against a wicker-basket or the edge of a chair? A. No; it must have been something sharper—it could not have been a man's fist—there were also bruises about his face—the next day his eyes were closed, so that he could not see.
(The prisoner, in a long defence, stated that finding the prosecutor and his mother in an improper position, he struck him several times, and knocked him down, but had no idea of robbing him, and that his hat might have fallen off in the scuffle.)*
The prisoner called
WILLIAM JONES . I am a smith, and lodge at the prisoner's father and mother's house. When I heard the prisoner calling, I went down, and saw him standing at the privy-door with a candle, and he said, "Witness this, Bill"—I went, and saw Calvert, and the prisoner's mother with her clothes up—the prisoner said, "How could I bear it!" and took hold of Calvert, struck him, shoved him and the mother into the room, and said, "Stay there till my father comes home; I shall not strike you any more"—Calvert jumped up, sprang at him, and the prisoner struck him again—he then went and sat down, and asked for water, the prisoner gave it him—the prisoner then took the kettle, poker, and tongs out of the room—the policemen then came, and while the prisoner was talking to them, his mother threw up the window, and Calvert went out of it—I saw no knife or poker, except when he took the poker out of the room—he had a black silk handkerchief round his hand, and that might have been taken for a poker.
Cross-examined. Q. Where do you work? A. I have not done any since boxing-day; for two years and eight months before then I was employed by Mr. Smith, who is a builder, to do his blacksmith's work—there was no one else present but me, the prosecutor, and prisoner—I was not there when Calvert was invited in—I went home about half-past four o'clock, and was told they were all at the beer-shop—the prisoner and I are not old chums—he does not live there, but only came at Christmas to visit his father and mother—I had not seen thorn before the prisoner culled out—I was asleep
and was awoke by his calling—I only heard him call once—I heard the prisoner call Calvert a vagabond—he struck him two or three blows about the face with his fist, never with any other instrument—I took no part in it—on my oath, I did not at any time see the prisoner with Calvert's head under his arm, beating him—I do not know that he was robbed in that room of 5s. out of his right-hand pocket; I saw nothing of the kind—the prisoner dragged Calvert out of the privy by the collar, called his mother a few names, and shoved her into the room with Calvert—she remained there through the whole of the beating, till Calvert went away, and I also—I did not go to the door—I did not hear Calvert call "Murder!" repeatedly—he called out when one or two of his friends came to the door—I took no part in it—I kept the mother away from the prisoner.
COURT to JOHN CALVERT. Q. Is that the man who was in the room at the time? A. Yes; I charged him with robbing me.
COURT to WILLIAM JONES. Q. Did you go to the Police-office? A. Yes, to give evidence, and was there charged with the robbery.
GUILTY of an Assault. Aged 30.— Confined Two Months.
NEW COURT.—Friday, January 11th, 1850.
PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. Ald. GIBBS; Mr. Ald.
Before Mr. Recorder and the Fifth Jury.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
HENRY ALEXANDER MATTHAMS (City-policeman, 213). On Sunday, 23rd Dec, I was on duty, in uniform, in the Old Bailey—I know the prisoner—he is a shoemaker—about ten o'clock, that evening, his wife came right up to me, and said, "You b—y b—r, you are the b—y b—r that took me to the station"—I told her to go away—she would not, and I took her to the station—when at the station I saw the prisoner—his wife was discharged in about five minutes—I returned to my duty on my beat, and I afterwards saw the prisoner on my beat, about a quarter or ten minutes past ten o'clock—he came, and looked hard in my face, but he did not say anything—he went away—I saw him again about a quarter-past eleven, as I was on duty at the corner of Skinner-street and the Old Bailey—he said, "Are you the man that took my wife?"—I told him I was—he said, "Then take that, you b—r" and he plunged a knife at me—I did not see the knife—when he made use of that expression both his hands were in his pockets—I did not see him withdraw his hands from his pockets—I found I was stabbed about two inches above the navel—I did not see any motion of his hand before I was struck—I was about half a yard from him—I then cried, "Police!" and "Murder!"—I did not see anything in his hand—I tried to lay hold of his hand, and he drew the knife across my hand and cut my hand—I do not know what became of the knife—a man named Waddilove, who was standing about twenty yards off, came to my assistance—he asked me what was the matter—the prisoner was standing about four yards off—I do not think he was near enough to hear what was said—I did not hear the prisoner say anything—I sprang my rattle, and my brother-officer came to my assistance—he
asked what was the matter—I told him that man had stabbed me, and to mind or he would stub him—he was about to strike the prisoner, when I ran in and struck him with my truncheon, and knocked him down—I was put into a cab, and taken to the hospital—I went in on 23rd Dec, and came out this day week—I have the clothes here that I wore that night; this is the coat; here is a hole through it—I believe the knife struck against the button, and took a coarse under the button—I had my belt on, and it is cut right through in the thickest part—this is my shirt, covered with blood—I had my great-coat on, and my belt over it—my belt, my great-coat, my under-coat, my trowsers, and shirt, were all cut through—I remember on 9th Dec. seeing the prisoner's wife near Dean's-court—the prisoner was with her, and they appeared to be quarrelling—I went to them, and told them to be quiet—the prisoner desisted, but his wife continued, and I took her to the station—she was set at liberty, on a promise that she would go home.
ALFRED WADDILOVE . I live in Holborn-buildings. On Saturday evening, 23rd Dec, between eleven and twelve o'clock, I was standing leaning on the pitching-block in the Old Bailey—I saw Matthams, the policeman—the prisoner was near him—Matthams cried out "Murder!"—I ran up to him directly—he said, "I am stabbed! I am stabbed by that fellow there!"—the prisoner said, "I have done it! I have done it!" and he walked four paces back and leaned against the public-house—the prisoner had his hand lifted up, but I could not see whether anything was in it—Matthams bent down, and said he was stabbed—I ran round the corner, and called "Police!"—I said, "You had better knock him down; he will stab some of you"—I fetched the stretcher, and assisted in taking the policeman to the hospital.
JOHN HILL . I am a compositor, and live in Canterbury-place. On 23rd Dec, I was in the Old Bailey, and heard the cry of "Murder!"—I went and saw the officer standing in the road, saying he had been stabbed—the prisoner was standing about half-a-dozen feet off—I asked Matthams where he had been stabbed, and another officer came up and asked who had struck the blow——the prisoner exclaimed, "I did it; I did it!"—I assisted Matthams to the hospital.
Cross-examined by MR. PAYNE. Q. Did you see the prisoner knocked down? A. Yes; he was quite senseless on the ground.
EDWARD HARDING (City police-sergeant). I was at the spot on the night of 23rd Dec.—I heard a cry of "Murder!"—I went up to the place—Mattam was just gone—the prisoner was there, in custody—a policeman named Broomfield was there; he is not well enough to come here to-day—I did not see anything drop from the prisoner—I saw this knife found by Broomfield—it was in the same state that it is now—it has no marks of blood on it—I inquired for the weapon—some persons said Matthams had got it—I said, "To make all sure let us look for it"—he turned on his bull's-eye, and we saw the knife—I was stooping to pick it up, and at the same time Broomfield picked it up, about four feet from the prisoner's head, as he laid on the ground.
Cross-examined. Q. You found several policemen round, and the prisoner lying senseless on his back on the ground? A. Yes, I should say it must have been half an hour before he recovered—he was taken to the hospital and examined, and then, by the advice of the surgeon, we took him to the station.
COURT. Q. Do you know the prisoner? A. Yes; I know him to be a shoemaker—the spot where the officer received his injury is about 150 yards from where the prisoner carries on his business.
THOMAS RIDLEY . I am a banker's clerk. On the evening of 23rd Dec. I was passing the Old Bailey—I heard a cry of "Murder!"—I proceeded to the Old Bailey—I saw Matthams; he seemed very much exhausted—he hallooed out, "Murder! murder! I am stabbed!"—he asked me to assist him, which I did—my clothes were bloody all round, and round my trowsers.
HENRY PARTRIDGE . I keep an early coffee stall in the Old Bailey, near the pitching-block—I know the prisoner and his wife—on Sunday morning, 9th Dec, they both came to my stall, and bad some coffee, after they came from the station—the prisoner said, "If I had a knife in my hand, I would run it into the vagabond; and the first time he interferes with my wife again I will do for him the first opportunity"—this was about three o'clock in the morning—Matthams had taken the prisoner's wife to the station that morning.
Cross-examined. Q. Did you see him take her to the station? A. Yes; she was very tipsy and very abusive—it was not above five minutes after she was taken, when they came back—I suppose the station is three hundred yards from my stall—I have known the prisoner about twelve years as a shoemaker, living in the same neighbourhood—he is an old soldier, getting a pension, and has been wounded in the head—he was not so tipsy as his wife was, when he came to my stall and used these words—I did not tell the policeman—I did not think anything of it.
CHARLES WILLIS . I am waiter at a coffee-house in the Old Bailey. On Sunday evening, 23rd Dec., I was standing outside the coffee-shop, about ten o'clock, talking to a man, next door—the prisoner came up in about five minutes, he said, "The police have locked my wife up, and I have told them that if they locked my wife up, I would be locked up in Newgate in less than two days, and I will do for him"—he did not say for whom—I afterwards saw Matthams, and told him what the prisoner said.
Cross-examined. Q. Was the prisoner the worse for liquor? A. Yes—the man next door was talking to me.
JOHN ABERNETHY KINGDON . I am house-surgeon at St. Bartholomew's Hospital—I remember Matthams being brought there on the night of 23rd Dec., about a quarter before twelve o'clock—I attended to him—he had received a punctured wound in the abdomen, between the chest and the navel, rather to the left side of the middle line of the body—it went rather obliquely—it was about two inches deep, and about five-eighths of an inch wide—such a knife as this produced might have done it—I have heard what dress the man wore—to have gone through all that dress and into the man's person, it most have been struck with force—I should think it must have required considerable violence to do it—if those substances had not impeded the blow, it must have penetrated deeply—if it had gone much further, the results would have been very serious indeed—he was in the hospital nearly a fortnight—the wound was not bleeding when he came to me—he appeared to have lost much blood—he was faint—it was a dangerous wound.
Cross-examined. Q. It had not wounded any organ within the cavity of the abdomen? A. No—I examined the prisoner's head; I found no injury to it—I did not look closely enough to discover whether there had been any ancient wound there—(the witness here went into the dock, and examined the prisoner's head)—there is a mark of a wound in the scalp, but a very old one—it is sometimes the fact that persons wounded in the head are more affected when they get drink than other persons are.
COURT. Q. Would the effects of drink recall the effects of that wound? A. there is no appearance of it.
MR. PAYNE called
WILLIAM FOWLER . I am a greengrocer, and live in the Old Bailey. I have known the prisoner for the last three or four years—I have considered him when sober a very harmless inoffensive man—when he has the least drink, in consequence of the injury in his head, I think it produces temporary insanity.
COURT. Q. Was he violent? A. I never saw him violent; I have seen him drunk, and uttering violent threats and language—he has perhaps sworn at persons whom he has met—I have heard no threats but violent language.
WILLIAM RAYNER HARVEY . I am a carpenter, and live at 15, Fleet-lane. I have known him about fifteen years; he has lived right opposite to me—I always knew him a quiet and very inoffensive man, with the exception of times when he takes his pension; I have seen him then all in a work.
MR. RYLAND. Q. How often does he receive his pension? A. I cannot tell—what I mean by his being all in a work is, it seemed to me as if his intellects were affected; if you were to tell him to do anything, in the way of conversation, he could not understand you, particularly when he was drunk—there are other persons whom I have thought a little insane at times; they would talk very differently to what they would at other times.
(William Kennedy Chatham, a shoe-manufacturer; John Lawrence, a boot-maker; and David Ross, of 13, Elliott's-court, gave the prisoner a good character.)
GUILTY on the first Count.— DEATH recorded.
THIRD COURT.—Friday, January 11th, 1850.
PRESENT.—Sir JOHN KEY, Bart., Ald.; Mr. Ald. HOOPER; Mr. Ald.
Before Edward Bullock, Esq., and the First Jury.
MR. PAYNE conducted the Prosecution.
JOHN THOMAS SAFFWELL. I am a shoemaker, and live at New Brentford. On the afternoon of 23rd Dec, between four and five o'clock, I was at Mr. Piper's public-house, the Six Bells, New Brentford, and saw the prisoner, the deceased Thomas Hipson, and several others, there—Hipson was intoxicated, and very quarrelsome—Robert Winter wanted to fight; the landlord would not allow him, and took him to another room—the deceased said he would fight a person named Brown who was there—Brown held up his right arm, but I cannot say whether he struck or pushed him—Hipson rolled back a step or two, but did not fall—he then went up to Brown again, and swore he would fight him, and Brown pushed him away a second time—the prisoner, who was sitting in the opposite corner, said to Brown, "If you touch him again, I will serve you a d—d sight worse than you served him"—Brown then drank his beer and left—previous to that, the prisoner had got Hipson to sit in a corner between him and a man named Jordan—Hipson could not sit upright, and seemed overpowered with drink, and we thought it advisable to lay him in a corner on the settle to sleep—he appeared to be asleep, and a young man, named Maddox, a boatman, came in, who was just out of his apprenticeship, and they wanted him to stand some gin—he stood some, and his father offered some to Hall, who refused having any, as he had had enough—old Maddox said, "You must have some, in or out"—he had a little, and Maddox pitched the remainder into his eyes—Hall got up in a violent passion, and struck all round—some one spoke, I cannot say who—Hall
thought it was the next to him, and said, "Can you fight?"—while this talk was going on, the deceased, Hipson, arose, and said he could fight, and Hall struck him a blow on each side of his face with his clenched hand—Hipson then laid his head on the table, and cried a few minutes, and occasionally rose up and talked about fighting—he seemed to aggravate Hall very much, who said he could fight him and his mate too (that was a boatman), if he had fair play in a field—Hipson appeared to be aggravated, and said if he had fair play he could beat him—Hall, who at the time was in his original seat on the opposite side of the fire, about eight feet off, jumped up again, went across the room, and struck him on the right side of the head—Hipson laid his bead on the table, and appeared to be snoring very loud—I heard no more, and it was generally believed he was asleep—he snored very loud about half a minute—in about twenty minutes, two men went and rose him up, and found he was dead.
Cross-examined by MR. BALLANTINE. Q. Was Hall perfectly quiet till he had the gin thrown into his eyes? A. Yes; he got violent after that—I think the gin deprived him of sight for a moment—it was almost immediately after that, that he struck Hipson.
MR. PAYNE. Q. How long was it between the time that Hall struck the first blow and his going across the room to strike him the last? A. A very few minutes.
BENJAMIN PAWLEY (policeman, T 158). I went to the Six Bells, and saw the deceased taken out of the tap-room; he was dead—I apprehended Hall—when Saffwell made the charge, he did not attempt to deny it—before the Magistrate, the next morning, he said he struck him once.
CHARLES PIPER . I keep the public-house. I saw Hall and Hipson, who was very tipsy and very quarrelsome—I saw him put into the corner, between Hall and Jordan—I heard Hall threaten Brown that he would serve him a d—d sight worse than him—I saw no more of it till I found Hipson dead—I had heard a quarrel—I went for a surgeon.
WILLIAM CARTER . I am a surgeon, at New Brentford. On Sunday evening, 23rd Dec, I was called to Mr. Piper's, and saw the deceased—he was quite dead—I made a post-mortem examinaionon 27th, and found two very slight scars on the right side, of the face, and one on the left ear, exceedingly slight, but no external bruises about the head—they appeared quite recent, and very slight—upon opening the head, I found the vessels on the brain in an extremely congested state; I never saw any so full of blood; the membranes were all very much congested—there was a small vessel upon the face of the brain ruptured, which threw out a great deal of blood: there was a small quantity of blood in each of the lateral ventricles—the liver was perfectly healthy, but rather large—I attribute the cause of death to this, I think the man was lying down on a bench and had been drinking, and got his head exceedingly congested or full of blood, and a very slight blow in that state would produce death.
Cross-examined. Q. The whole of the congestion may have been occasioned by drink? A. Yes, it required no violence of any kind to occasion it—everybody who gets thoroughly drunk is in a state very nearly approaching apoplexy every moment he lives—the least stimulant is likely to cause it, they are always subject to it—if, instead of having good strong healthy vessels, they have vessels naturally weak, the apoplexy is more violent—it was one of the ventricle arteries that was broken; it is not a very large vessel—it lies at the base of the brain—it is a part of a main artery—I should not say it is more easily ruptured than the main one—I think the mere raising
of his head suddenly, joined to considerable excitement and anger, would not have caused the rupture—if a man gets drunk and is angry, the blood is thrown up more quickly into the brain, and it goes back more slowly, the vessels are congested—if he raised his head in violent anger, it may have caused a rupture—it is within my experience that it has been caused over and over again in that way—I think, under the circumstances, a blow on the side of the face which left no external mark would not rupture the blood-vessels.
MR. PAYNE. Q. Supposing you knew a blow had been given, to what should you attribute the death? A. To both together; the blow would not have caused it without that state of the brain.
(The prisoner received a good character.)
NOT GUILTY .
MR. PARRY conducted the Prosecution.
SAMUEL HENRY FREEMAN . I am a jeweller and watch-maker, at 147, Fleet-street. On Wednesday, 2nd Jan., the prisoner came to my shop, and asked if I had got a good watch—I said I had, and showed him two or three silver ones, which I considered suitable for a man in his station of life; he looked like a sailor—he said be did not mind about 2l. or 3l. more, but he must have a good watch, it was for a present to his uncle in America—I then produced a gold one, the price of which was 8l. 18s.—he looked at it, and seemed to make up his mind, and purchase it—I laid it on the counter, and he said, "Will you say 8l. 8s."—I said no, 8l. 18s. was the price—he then asked for a good heavy chain, I showed him one—he said it was not heavy enough, had I got a heavier one—I went to the other side of the counter to get a heavier one, and a handful of pepper immediately came into my eyes, which blinded me, and when I recovered my sight the watch and the prisoner were gone—the transaction altogether did not take ten minutes—I had the opportunity of seeing his face—I have no doubt the prisoner is the man—I had never seen him before, to my knowledge—I have since seen the watch in the prisoner's possession.
Cross-examined by MR. PAYNE. Q. When you saw him again you understood that the duplicate had been found in his possession? A. Yes—I have only been in business one month—before that I was assistant to Mr. Curtis, a pawnbroker, silversmith, and jeweller, in the Strand—I am in the habit of seeing a great many people—the prisoner was not at the shop more than ten minutes, during part of which time I reached down a chain, and got out three watches, but I was more particularly looking at him—I have never been mistaken in speaking to anybody, to my knowledge—I think I have been a witness about six times—I do not think I had had a customer all day, before the prisoner—I had a little girl directly after—I should know her again—she is a customer—I do not think any one else came—I next saw the prisoner the next evening, in custody—I am sure I am not mistaken about his being the person—I did not, to my knowledge, see him in Fleet-street the next day—I was out nearly the whole of the day, trying to find him—I did not see him go past my shop.
MR. PARRY. Q. I suppose it made a strong impression on you? A. Yes—I conversed with him, and I heard his voice after he was apprehended—I am quite satisfied he is the man.
This watch (produced) was pawned with me about a quarter to seven o'clock, or thereabouts, on the evening of 2nd Jan., by the prisoner—I had never before seen him, to my knowledge—I saw him on Thursday, at Guildhall—I am quite sure he is the man.
Cross-examined. Q. How long was he in the shop? A. Varying from five to ten minutes—we have a great many people coming in—I am not able to recollect every person who comes to the shop—I was not very much guided in this matter by understanding that the duplicate had been found on the prisoner—we have had sailors in the shop before.
COURT. Q. Did you give a duplicate to the person who pawned the watch? A. I did not, there was one written by my instructions, and I saw it given to him.
GEORGE HAGUE . I am in the service of Mr. Cohen, a general dealer, of 67, Royal Mint-street—he is a reformed Jew—on Thursday afternoon, about four o'clock, the prisoner came to our shop, and asked me to buy the ticket of a watch—my mistress came and asked what he wanted for it—he said 1l., he had bought it in Fleet-street, and given 12l. for it, he was paid off from the Navy twelve weeks ago; he said some weeks, whether it was three or twelve—I think it was twelve—he said nothing about having picked up the duplicate in King William-street—I went, at my mistress's direction, to the pawnbroker's, taking 3l. 10s. 10 1/2d. with me, to get it out, for my mistress to see if she would buy it—my mistress asked the prisoner if he would go with me—he said no, and she invited him into the parlour—when I got to the pawnbroker's, a policeman came in—he took the 3l. 10s. 10 1/2d., came back with me, and took the prisoner.
Cross-examined. Q. It was worth more than 3l. 10s.? A. I cannot say—the policeman took the prisoner at a coffee-shop opposite our house—the boy went, and fetched him out—he did not see the policeman in the shop—he was in plain clothes—the prisoner did not attempt to go away.
JANE COHEN . I am the wife of Mr. Cohen, a general dealer, of Royal Mint-street. On Thursday, the 3rd, the prisoner came with the ticket for a watch—he wanted 1l. for it—he said he bought it three weeks before—the ticket was for the night before, and he said he pawned it himself—I sent Hague to make inquiry—I would have purchased it of him if I had thought he had come honestly by it.
Cross-examined. Q. You never before said that he said he pawned it himself? A. I do not remember—he said he bought the watch himself, three weeks before.
GEORGE WARDLE (City-policeman, 221). I inquired at Mr. Martin's about the watch—Hague came in—I got the watch from the pawnbroker's, and went back with Hague to Mr. Cohen's—I was in plain clothes—I saw the prisoner in the street—he was brought over by a boy, and I took him into custody—I told him I took him for having possession of a duplicate of a watch that was stolen—he said he found it in King William-street—he was taken to the station, searched, and this pepper (produced) I found in his right-hand trowsers-pocket—he said he picked the ticket and the pepper up in King William-street—he gave his name "James Jones," but I found a letter in his pocket in the name of "Edward Coglin."
Cross-examined. Q. Did he say it was near the statue in King William-street? A. I do not recollect—that is all the pepper I found in his pocket—I am sure it is pepper, but I think there has been tobacco among it—I said before the Magistrate that he said he found it in King William-street, and the prisoner corrected me, saying that he said he found it in Newgate-street.
(Charlotte Slade, a dressmaker, of 30, Curzon-street, and Mary Wiles, wife of a carman, of Pentonville, gave the prisoner a good character.)
GUILTY . Aged 26.— Transported for Seven Years.
MR. PRENDERGAST, JUN., conducted the Prosecution.
MARY ANN SUNDERY . I live at 12, Nottingham-court, Long-acre; the deceased lived next door to me, and the prisoner opposite. On Sunday, 2nd Dec., between twelve and one o'clock at night, I was in my room, and heard a disturbance—I went to the little side window, and saw the prisoner and Mrs. Walls quarrelling, each at their own door—the prisoner said, "Why don't you go and pay your Queen's taxes, and not let your lodgers lose their things?"—Mrs. Walls said, "Go and pay your public-house score"—with that the prisoner ran into her place, and brought out a large stick and struck Mrs. Walls a violent blow deliberately on the right temple—she fell, and bled very much.
Cross-examined by MR. PLATT. Q. You are a woman of the town? A. Yes; I do not know the commencement of this—they were both sober—there were a great many people—no brickbats were flying about—I was looking on for a quarter of an hour and saw none—there was a great deal of confusion, in the court with the people—I do not know young Walls, not intimately—I have not been living with him—I have been into his mother's place, nothing more, and have talked to him—I did not see him in the crowd, or at his mother's—I have never seen him carry a stick—he has been in trouble—the night his mother received the blow she gave him in charge, and gave him three weeks' imprisonment for striking the prisoner—I was told so—I cannot say what sort of a son he is; I am not so often there—I was told about his attempting to cut his mother's throat—I was not before the Magistrate either time—I never lived with Walls or in their house—I have taken meals there—I was there during the time the mother lay dying—I have been in trouble for speaking to a gentleman as he went along, and have had fourteen days and a month—I have never seen young Walls strike his mother, or knock her down—I cannot say about abuse, because he has quarrelled with her—they were not continually quarrelling—she was a very sober, clean woman.
MR. PRENDERGAST. Q. Did you go for a surgeon? A. No; I was too frightened to go down, for the prisoner had many times threatened me.
DEBORAH STEVENSON . I live at 8, Nottingham-court, exactly opposite the prisoner. I heard a quarrel in the court, went to the street-door, and heard the prisoner calling Mrs. Walls and her son very bad names—she said, "Why don't you pay your Queen's taxes? you know your lodgers will have their goods seized for it"—Mrs. Walls said, "You mind your own business; go down and pay your own score at the public-house"—two minutes afterwards the prisoner ran out of her house, and knocked her down with a blow from a stick over the right eye—her husband took the stick from her—two women and a little boy picked Mrs. Walls up, and took her down the court—I saw blood flowing from the wound—I should say the prisoner did not go very far to fetch the stick, or she might have had it in her hand.
Cross-examined. Q. What are you? A. A needlewoman; I have had no quarrel with the prisoner, we are good friends—we have had words—the
deceased was sober, and the prisoner appeared so too—I was not present at the commencement—young Walls was in the passage of his father's house—he did not come out close behind his mother—he kept in the passage, because the policeman should not take him, who was waiting outside for him—it was not because the prisoner had been complaining that he had struck her violently with a stick—he told the policeman it was not him that should take him, and the policeman said perhaps it might be more than him—I did not see him with a stick: there appeared great disturbance—the opposite parties seemed aggravating him to get him into the court for the policeman to take him—it was not dark, there was a gaslight—it appeared to me like a general riot—two bricks were found which had been flung about—I was at my own street-door, close by—I never heard Walls's mother complain of him, but the neighbours on the opposite side are so spiteful, that they speak ill of every one on the prisoner's side of the way—I never saw Walls strike his mother or abuse her—he was drunk that night.
ALFRED STEVENSON . I am twelve years old, and live with my mother, the last witness, at 8, Nottingham-court. On Sunday, 2nd Nov., about half-past twelve o'clock at night, I saw the prisoner quarrelling with Mrs. Walls—she said, "Go and pay your Queen's taxes, you know your lodgers will be seized on"—Mrs. Walls said, "Go and pay your score at the public-house"—with that the prisoner came with a stick and knocked her down to the ground, and the prisoner's husband wrenched the stick out of her hand, and ran into the passage—Mrs. Walls fell down from the blow, and two women and a man took her to the doctor's.
Cross-examined. Q. You saw the whole from the beginning? A. Yes—I saw brickbats flung about, before they were quarrelling, and at the time, in every direction—there was a great confusion—Mrs. Walls was calling all manner of names—I saw no one struck with the brickbats—I saw them nearly catch one or two persons—young Walls was in the passage—he came out once or twice—he had no stick in his hand; it was the prisoner that had it—he did not use his fists at all—the policeman was waiting for him outside—he swore they should not take him to the station, and the prisoner complained of his striking her, but he had no stick—Walls is not a dutiful son; he is sometimes drunk—I think he used to beat his mother, I never saw him—he bears the character in the court of being a very cruel son—I heard he was taken up for attempting to cut his mother's throat.
JAMES WRIGHT (policeman). I was on duty in Nottingham-court, and stopped a disturbance—when I had turned my back it continued—I went again and saw young Walls there, and told him if he did not go in-doors I should take him to the station—he said I should not take him by myself; if I had a stick, he had one as well as me—they got quieter, and I went on—I heard a scream, returned, and two men had hold of him, and gave him in charge—the prisoner said she thought he had broken her arm with the stick—I took him to the station—he did not say a word about his mother being knocked down—I did not hear of it till I was sent for, to go before the Magistrate—I picked up this stick (part of a crutch) in the court.
Cross-examined. Q. Where did you find it? A. In Walls's passage—the prisoner had the appearance of a violent blow across the hands, immediately afterwards—Walls was taken before the Magistrate for the assault, and had twenty-one days—nothing was said at the station or before the Magistrate about any one having struck the deceased—I have not known Walls ill-treat his mother—I have seen him drunk.
ISAAC BECKETT . I am a surgeon, of 44, King-street, Long-acre. On 2nd Dec., Mrs. Walls was brought to me with a fracture of the right temple—I saw it was a bad case, stopped the blood, and sent her to the hospital—it might have been done with this stick.
Cross-examined. Q. Or a brickbat? A. I cannot say—it might possibly be—it looked as if done with a stick.
GEORGE ELIN . I am house-surgeon at King's College Hospital. Mrs. Walls was brought there with a wound over the right brow—I examined it, but did not detect fracture—I examined her after death—she died from laceration of the membrane covering the brain, and abscess of the brain, which I have no doubt was the result of a blow—this stick might have done it, or a brickbat.
Cross-examined. Q. Walls lives in your house? A. Yes, he is my son.
MR. PLATT called
CHARLOTTE ROCKHILL . I am the wife of Charles Rockhill, a bricklayer, of 6, Nottingham-court, next door to the prisoner. On 2nd Dec., between twelve and one o'clock, I was looking out of my window and saw a row in the court—there were a hundred people or more—Mrs. Walls and her son were there—he was very drunk—she had been drinking—they were quarrelling—he had a poker, or piece of iron in his hand, not a stick—it was black—he stood at the door next to his own, and the policeman was there threatening to take him—he said, "You will not take me by yourself"—the policeman said he would get help—the deceased begged of him to go in-doors—he would not—she pushed him into the passage and shut the door—he was abusing her in the most shameful manner—he got over the wall into his own house, came to the door, and said, "I have licked you all"—he came out again, and the policeman took him—his mother struggled with him to get him released, and said, "William, you shall not go to the station-house to-night"—she caught hold of him by the legs and got a blow or a kick; I rather think it was a kick—she wanted to get him in-doors—she and the policeman were pulling different ways—the prisoner was standing at her own door, about a yard and a half from the struggle, which was in the middle of the road—stones, sticks, and brickbats were flying in all parts of the street—the deceased was far from sober—I am good friends with the prisoner, and was so with the deceased—I live on the same side as the prisoner.
Cross-examined. Q. You heard no quarrel between the deceased and the prisoner? A. No; I did not see the prisoner strike her.
MARGARET PAYNE . I am the wife of William Payne, of Nottingham-court. I was at my door, and saw young Walls and his mother fighting—I afterwards saw him with something black in his hand—I saw him knock his mother down three times—when I took her up I thought she was killed—he was quite drunk, and she was hot sober—the prisoner was in-doors at that time, at her own place—I heard nothing like a quarrel between her and Mrs. Walls, and I was there all the time—if anything in the shape of a stick had been used I must have seen it—there was nothing of the kind.
Cross-examined. Q. What was it Walls had in his hand? A. Something black; I have never said it was a poker—I am on good terms with the prisoner—I was not on bad terms with the Walls.
I heard the row, went into the court, and saw Mrs. Walls and her son, who had an iron weapon in his hand, swinging, it, and challenging any one to fight—they were quarrelling together—neither of them were sober—he was taken into custody—his mother clung to him, and would not let him go to the station—I saw him knock her down three times—I did not see the prisoner there; I think I must have seen her if she had been there—I have known her from a child—she is a quiet, sociable woman—her husband is a brewer's man.
Cross-examined. Q. Were there many people? A. Yes; there were about two dozen between me and the Walls.
ELIZABETH CORSBYE . I am married, and live in the same house as the prisoner. I heard Mrs. Walls say, when she gave her son in charge, that she received a blow, but she did not know how, or by whom, for there were things hitting about the court in every direction—I have been a lodger of hers—I left because she took such very bad characters into her house—she was a very drunken woman, and there were continual rows in the house—the prisoner is a quiet, inoffensive woman.
Cross-examined. Q. You took no part in this fight? A. No; I was upstairs in my room.
HENRY EDWARDS . I have been in the employ of Messrs. Coombe, the brewers, nine years, and am the prisoner's brother-in-law. I was in Nottingharm court—a great many people were there—a parcel of brickbats were being thrown against my door; two came right before me—I saw the deceased and her son quarrelling—the son was drunk; she was not much better—I saw him throw her down twice on the flag-stones when she was trying to rescue him—I saw the prisoner come to the door in her nightclothes, with a shawl on—if she had a stick in her hand I must have seen it—young Walls had something flourishing about—I think it was a stick—it was very dark.
Cross-examined. Q. Where were you? A. At my own door; I take no part in these quarrels—I saw Walls run over to Mrs. Edwards, and strike a blow, which was meant for her head, but she put up her arm, and received it across her wrist.
NOT GUILTY .
MESSRS. BODKIN, ROBINSON, and PARNELL conducted the Prosecution.
JAMES THOMPSON (police-sergeant, F 11). On 4th Dec., in consequence of information, I went, at six o'clock in the evening, to the top of the Model lodging-house, in Charles-street, Drury-lane, which is opposite to No. 48—I could see into the second-floor room at 48—In consequence of what I saw I went again the next evening, about the same time, and saw the prisoner sitting by the table, and a female by the side of the fire, holding something in her left hand, which appeared to be a mould—she took something from the fire which appeared to be a small ladle—the prisoner poured something white into two places in the thing the woman held in her left hand—it appeared to be metal—after holding it a few seconds, she opened it, and turned out on the table what appeared to be some small white coin—she did that several times—the prisoner was sitting at the table, and he appeared to be filing and rubbing what appeared to be shillings, which the woman turned out of the thing in her hand—a man with a cap on, and a woman with a bonnet and shawl and basket, came into the room while this process was going on—after they had done a certain quantity, the prisoner went to this pot (producing a galvanic battery) and did something to it—after that the prisoner took up the pieces in
his hand, rubbed them more gently than before, and laid them on the table—when he had done a certain quantity, he handed them to the woman with the bonnet—she looked at them, and handed them to the man—he looked at them, returned them, and the woman then gave the prisoner some money, more than one piece, which he turned over in his hand, and put into his left-hand trowsers' pocket—the man and woman then left the room—the prisoner turned down his shirt-sleeves, put on his coat, and went out with them, or directly after them—while he was absent, the woman kept pouring out the liquor—he came back, pulled off his coat, sat down to the table, and commenced rubbing some pieces—I had then been watching them about an hour, and left the top of the house—I had stationed West and Durston in readiness—I took them, got a ladder, placed it against the second-floor window of the house, got up, raised the window up with a crowbar, and the female was sitting at the side of the table with this mould in her hand—the prisoner was not in the room—the female jumped up, and ran towards me—I jumped into the room, secured her, and handed her over to Durston—when she jumped up she threw down this mould, which had two sixpences in it when it was picked up—Durston and West followed me into the room—we searched the place, and on the hob I found these moulds of half-crown impressions, and these two shilling moulds—this white metal was on the fire in a fluid state—on the table I found twenty-three sixpences, and the mould I had seen the female throw down, with the two sixpences in it—I found this spoon and the portion of another one—this electro-battery was on the table—on the mantelpiece I found this glass, with the impression of two sixpences on it, as if a mould had been made on it, and also some small silver, which is used for electro-plating, and two bottles of acid (all produced)—a quarter of an hour had not elapsed, from my leaving the top of the house and getting in at the window—I have known the prisoner for two or three years—I have not the slightest doubt he is the man I saw—I had seen him in the room on two or three prior occasions, from the same place—I had him in custody three years ago—I took him into custody on 3rd Jan., which was the first time I saw him after this—I told him he was charged with Ann Phelps, then convicted, for making counterfeit coin—he said he knew nothing about it—I found in the room this frame, like a large gridiron (produced) which fits against the door, and has two struts which run out against it, so that it is impossible to get into the room without knocking the wall down.
WILLIAM WEST (policeman, F 7). I went with Thompson, and assisted in putting the ladder against the window—I got into the room, and found six files, two of which have white metal between the teeth—they appeared to have been used very recently—I found, also, some whitening, part of a tooth-brush, and a spoon with some metal in it, near the fireplace.
JOHN RICHARDS . I reside at 48, Charles-street, Drury-lane, and am deputy-landlord of this house. In Sept. last the prisoner took a room. No. 2, Smith's-court, and lived with Ann Phelps, who was convicted last Session, when I was present—Phelps afterwards took a front-room, two-pair, at 48, Charles-street, and I have seen the prisoner in the room with her—there was no such timber as this in the room when I let it.
Prisoner. Q. Have you ever seen me in the room? A. Once or twice; the first time I saw you there, you were at tea with the female—I was only in the room twice while Phelps lived there, and each time saw you there.
WILLIAM WEBSTER . I am inspector of counterfeit coin to the Mint—these thirteen sixpences of William IV. are all counterfeit, and from the mould produced—they are made of Britannia metal, the same metal as this spoon—there are, also, eleven sixpences of Victoria, which were cast in this other mould—there are two impressions in the same mould, one Victoria and the other William IV.—this galvanic apparatus is used for silvering the Britannia metal after it is made into coin—it is also necessary to use acids, but I do not know the nature of them—I know that silver is used, and is dissolved by the acid—I should say the silver leaf now produced is the kind necessary—this piece of glass would be to lay the sixpences on, to form the mould—the sixpence is oiled over, and laid on the glass, a piece of paste-board is placed round the glass, and the plaster poured on to the sixpence.
Prisoner's Defence. I did not live with the woman while she was in Charles-street; when she went there I went to live in Whitechapel; the landlord said at the police station, he only saw me in the room once, and now he says twice; the policeman never saw me in the room; how could he see across a road thirty feet wide, into a room on the opposite side of the way, so as to speak to me; I am brought here to get the reward through the Mint.
GUILTY .* Aged 22.— Transported for Ten Years.
(There was another indictment against the prisoner.)
OLD COURT.—Friday, January 11th, and Saturday, January 12th, 1850.
PRESENT.—Mr. Justice TALFOURD; Mr. Ald. KELLY; Mr. Ald. GIBBS;
Mr. Ald. HOOPER; and Mr. Ald. CARDEN.
Before Mr. Justice Talfourd and the Third Jury.
362. LEWIS JOEL was indicted for feloniously forging a bill of Exchange for the payment of 1000l., with intent to defraud John Marcus Clements. 2nd COUNT, for uttering the said bill with a like intent. Other COUNTS, for forging and uttering an acceptance to the said bill with a like intent; and other COUNTS, stating his intent to be to defraud Henry Laurence Forest.
MESSRS. CLARKSON, BODKIN and HUDDLESTON conducted the Prosecution.
WILLIAM CLARK . I am clerk to Mr. Justice Coleridge. I produce an affidavit made by the prisoner—I swore him upon it—this is his signature—it was filed at the Judge's chambers upon an application to be bailed—(This was dated 19th Dec., 1849, and stated that the acceptance to the bill in question was given by Mr. Clements to the prisoner in blank, while he was a minor, to be completed in August, 1847, when he would be of age, in liquidation of his, the prisoner's, demand against him for 1700l.)
CHARLES MILLER . I am an usher of this Court. I swore the prisoner to this affidavit on Wednesday last; he signed it in my presence—(This was an affidavit made jointly by the prisoner and Mr. Jones, his attorney, dated Jan. 9, 1850, applying for the postponement of the trial until to-day, (Friday,) to afford an opportunity of subpoenaing witnesses from Dublin to prove the acceptance in question to be in Mr. Clement's handwriting, which acceptance the affidavit stated was written by him in Dublin.
JOHN MARCUS CLEMENTS . I am twenty-three years of age. I was twenty-one on 27th July, 1847; at that time, and for some time before, I was a lieutenant in the 13th regiment of Light Dragoons—I was entitled to landed
property in Ireland on ray arrival at my majority—during my minority I had several money transactions with the prisoner, who at that time, I believe, had a place of business in Dublin—I think I first commenced transactions with him in Dec, 1846, or Jan., 1847; but my impression is that it was in Jan., 1847—he used to come to my rooms in barracks—he brought pictures, musical-boxes and jewellery, and lent money upon bills—when I was approaching my majority, I made a communication on the subject of my affairs to Mr. Pullman—I think that was in April, 1847—it was also communicated to my guardians, one of whom was Mr. Murdock, a partner in the banking-house of Bouverie and Co., of London—after that communication, I placed my affairs in the hands of Mr. Pullman and my guardians—I gave Mr. Pullman authority to arrange any claims that the prisoner had on me—I first consulted Mr. Pullman, I think, towards the end of April, and at the latter end of June, I think it was, the whole of these matters were placed in his hands—in consequence of information I received on 21st Nov. last, I went to the office of Messrs. Davies, Son, and Campbell, of Warwick-street, London, where this bill for 1,000l. (produced)was shown to me—I had never seen it before—the acceptance is not my handwriting—it was not written with my authority, or with my knowledge in any way—I never accepted a bill for 1000l. in my life—I have never accepted any bill since I became of age—I never accepted a bill in blank.
Q. Did you, in the month of July, 1847, make an arrangement with the prisoner, the terms of which were, that if he would abstain from legal proceedings against you in Dublin, you would give him your blank acceptance on a stamp large enough to cover the sum of 1000l., and he might fill it up as a bill of exchange for 1000l. in the month of Aug., when you would become of age? A. No, I did not—no such arrangement or proposal was the subject of conversation between us on any occasion whatever—my affairs at that time were in the hands of Mr. Pullman—I was not aware before Dec. last that proceedings were being taken to recover this bill as against me—I knew before that the bill was in existence—I first learnt that in Aug., at the time the assizes were held at Croydon—I learnt it from Mr. Pullman—I authorised Mr. Pullman to take such proceedings on that occasion as he might think advisable—I never tried to evade any process supposed to be issued against me for the recovery of this 1000l.-bill.
Cross-examined by MR. CHAMBERS. Q. At what age did you enter the army? A. Seventeen; I had 300l. a year then, besides my pay—my allowance was increased to 400l. a year; I cannot quite call to mind when; I rather think for the last two years that I was in the army I had it, but I cannot speak positively—I do not remember whether it was for two years or one year; I should say it was not for three years; my impression is it was for two—it was paid from the Court of Chancery, through Messrs. Bouverie and Co.—I drew on Bouverie and Co. for the amount of the allowance—I was first a cornet, for about three years—my pay as a cornet was a little over 100l. a year, I cannot say exactly; I think it was somewhere about 8s. a day, but I cannot say—the agents of the regiment in England were Messrs. Cox and Co., of Craig's-court—I first served in England—the regiment went to Ireland in 1845—I was four years in the army—Armit and Buroughs, of Dublin, were the Irish agents, we drew our pay through them—my pay as a lieutenant was an increase of 1s. a day upon the cornet's pay, somewhere about 120l. a year, I think; I cannot state positively—I never took the trouble to ascertain the amount of my pay per annum—I used to draw on the agents when my pay was out—the last year I was in the army my income
amounted to a little over 500l.—I purchased the cornetcy and the lieutenancy—840l. was the price of the cornetcy, and for the lieutenancy I think the difference I had to pay was 1200l., but I will not be perfectly certain about that—the amount was paid by my friends; the money did not pass through my hands—I had no declaration to sign as to the amount paid; I do not remember signing any paper—the money was lodged, and I was gazetted—I certainly signed no paper declaring that I had not paid more than the regulation price; I was not asked to do it—I first communicated with Mr.Pullman in April, 1847—he did not, I think, immediately go over to my guardians—Mr. Pullman was then in Dublin, he is a barrister; he did not come to Dublin to see me—he was there as the friend of Mr. Denny, a brother officer in the regiment—that was the way I made his acquaintance—I do not know that he was there to arrange Mr. Denny's affairs—I met him as a private friend—I never heard that he was there to arrange Mr. Denny' affairs; Mr. Pullman did not tell me so—he was introduced to me by Mr. Denny—to the best of my belief, it was about the latter end of April that I communicated with Mr. Pullman—I cannot tell how much money I owed at that time; I did know then; I cannot tell you now; I should say 5000l. would have covered it; I cannot speak within 1000l.; I am certain 6000l. would have covered my debts—I put that as the outside—I had not borrowed much money—I scarcely know what you call much—I did not get much money—it is difficult at this distance of time to say how much I got—we endeavoured to ascertain how much I had had when I put my affairs into the hands of Mr. Pullman and my guardians; we could not do it precisely—I should very much doubt if I had 1000l. in cash; my belief is I had not more—my debts consisted of about 3000l. worth of bills, and I certainly put down the remaining 3000l. as the very outside of what my tradesmen's bills would come to; that was for goods supplied; my friends and I in conjunction got in every account we could from every person who claimed any debt against me—it is out of the other 3000l. in bills that I say I had not more than 1000l. in cash—I had four bill crediton when I came of age; Mr. Joel, Mr. Harris, Mr. Rubenstein, and Mr. Marcus—Harris is a person that follows the same trade as Mr. Joel, I believe; he lends money, and sells jewellery—I am not aware that he is a jeweller; he goes about with cases of jewellery in his pocket to the officers' rooms—he has rooms in Dublin—I have frequently seen him at the barracks—a Mr. Waterhouse was a creditor of mine, he is a jeweller—he has not lent me money—he has sold me jewellery—I am not aware that he has any acceptance of mine—he had a check which I gave him, and which I paid—I do not remember ever giving him a bill—I will not, at this distance of time (upwards of two years), swear it, but it is my belief that I did not, or a promissory note—I have owed him as much as 125l.—my firm impression it that I neither gave him a bill or a promissory note—the lapse of time makes it just possible that it might escape my memory—I do not think it is very likely that I could have given him a promissory note for 113l. 10s., and have forgotten it; it is barely possible; I do not think I ever did; I will not swear it—I believe I did not give it him in payment for articles of jewellery purchased from him on 26th May, 1847; I will not swear it—I believe I gave him a check which was paid—Harris had bills of mine—I have no recollection when I gave them to him.
Q. Can you tell me how you paid Harris? A. Harris got a verdict against me in a court of justice in Ireland—he has been paid the amount of the verdict which he got—my impression is that he was paid about 300l. or something under 400l., that is since I was of age—I heard that Harris
had sued me on certain bills of exchange—(MR. CLARKSON objected to the witness stating what he had heard from other parties. MR. CHAMBERS contended that the conduct of the witness, upon hearing what was communicated to him, was legitimate evidence to enable the Jury to judge of his credit and accuracy, and upon that ground the COURT allowed the inquiry to be pursued)—I did not do anything on hearing that an action was brought against me—it was in the hands of my friends—I did not go to look at the bills, I never saw them—I said that two of them were forgeries, and so I say now—I have never seen those two—Mr. Franks, of Dublin, was my guardian's attorney in that action—I was in Dublin at the time, and heard the verdict was given against me—will you allow me to explain? I said there were two bills that were forgeries—there were three that were forgeries—I cannot tell the amount of those bills—no doubt it was told me then—it was considerably more than 100l.—I should guess it was somewhere about 400l.—I mean the forged ones—the total amount was, I think, about 840l., on which Harris brought the action—I was informed of the total amount upon which Harris sued me—I understood that he first of all made a demand of 1,100l. and odd, but I was told by my friends that he brought the action for about 840l.—I have no doubt I was told at the time upon how many bills the action was brought—I cannot recollect, but my impression is, it was on about five bills—I was told how many of those bills appeared to be dated before my majority—there two dated after—how many were dated before, I cannot precisely say—I was told at the time—I have now forgotten, but my impression is about three—two out of those three were forged—I believe those two amounted to a little above 300l.—I cannot swear as to the sum—I knew I was not liable on the bills accepted during my minority—I know that minority was the defence made as to a portion of those bills—there was, of course, the defence of forgery upon the other three—there was the double defence of forgery and minority to one—I do not know what has become of the two bills that were alleged to have been accepted after my majority—I have never had an opportunity of seeing those three bills that I stated were forgeries—I never endeavoured to see them—I endeavoured to get them impounded; my friends did—I was not present; by my friends I mean Mr. Pullman, Mr. Murdock, and Mr. Markcomb, my guardians.
Q. You have stated, to the best of your belief, that you did not, on 26th May, 1847, give a promissory-note to Mr. Waterhouse, for 113l. 10s.; to refresh your memory, look at that(handing a paper to the witness)? A. Very well, Sir; I said, to the best of my belief—this appears like my writing; I believe it is—all I can say is, that I suppose I did not give Mr. Waterhouse a check—I know I gave him some money—it must have been this instead of a check—my impression was that I gave him a check—I suppose I owed Mr. Waterhouse 113l. 10s. on 26th May, 1847, or I should not have paid it him—I suppose this note is proof of it—I know that about that time I bought a diamond of him, which I paid him for, and I fancy I gave him a check, but it was this note—this has been paid, I suppose—I should say if I owed him 113l. 10s. my friends have paid it—my affairs have been so much in the hands of my friends—I will swear this: that in the spring of that year I owed Mr. Waterhouse 100l., or it might have been 110l. or 113l., and I paid him—I fancy with a check, it might have been this bill, but I know the document I gave him was paid—I believe the money was lodged at Armit and Buroughs, and it was paid when it became due—I do not say it was that document—I believe the paper I gave Mr. Waterhouse was paid—I do not believe I owe him that sum now—this may have been the document I gave
him—I will not undertake to swear that it was or was not—(this paper was numbered: 1)—I believe this to be my handwriting, the whole of it—I do not mean the whole that is written on that paper—I mean the bill is my writing—of course these signatures and other notations upon it are not mine, but "three months after date, I promise to pay," all that is in my handwriting—the body of the paper is mine—I gave Mr. Waterhouse the paper in his shop—whether it was a check, or bill, I cannot say—my belief is that this is the paper, but I cannot swear it—I presume it is the paper, it is about the sun—I will not swear whether I gave him a promissory-note or a check.
Q. When did you actually sell your commission? A. I was gazetted out in Aug. I think, but when I do not quite know—Mr. Gold purchased my commission—I believe the money was lodged at Cox and Greenwood's previous to my selling out—I have no means of knowing that myself—those things were so much in the hands of my friends, most likely they lodged the money—I had nothing to do personally with Cox and Greenwood from the time the regiment went to Ireland—I drew one bill upon them—I did not know whether Mr. Gold would lodge the money at my private banker's or at Cox's—I knew he would lodge it in London—I did not know where the money had been lodged to purchase my own lieutenancy; I had nothing to do with it; I never inquired—I wrote to my friends to lodge the money—I believe it was lodged at Cox and Greenwood's—I left Dublin on 14th July, 1847—Mr. Pullman came down to Kingstown and saw me off—I came straight to London, and remained in London from 15th July till toward the middle or end of Aug.—my impression is I then went to Windsor—I must have been there upwards of a month or five weeks—that was after I bad left the army—I staid with my guardian, Mr. Markcomb, a canon of Windsor—after that I went into Yorkshire to visit an uncle—I think I was there six weeks—I then went to visit Mr. Markcomb again at his rectory at Great Halkesley, near Colchester, and was between there and London until Dec.—when I used to come to London I staid with Mr. Pullman at Shore House, Hackney—I went to Spain after that—I think I started for Spain towards the latter end of Dec.—I came back I believe in Aug., 1848, to London, and in Sept. I paid a visit to my estate in Ireland, and came back again to England, and was either at London or Great Halkesley—I was backwards and forwards between those places—I should say I was in London as much as a week together with Mr. Pullman—I was at an hotel the first two or three days—I must have been in Ireland about ten days—I went straight through Dublin up to County Leitrim to my estates—the greater part of, in fact I may say all, the winter of 1848, I was going backwards and forwards between Mr. Pullman's and Great Halkesley, stopping a week, ten days, or a fortnight at either place—I was visiting between those places until the spring of 1849, when I staid with Mr. Murdock, my guardian, some little time—I had a lodging near his house up to about May, but I was going about chiefly between Mr. Pullman's and Mr. Markcomb's—I forgot to mention that I was in Ireland when Harris brought the action—that must have been in Nov., 1848, and I went to visit a cousin of mine in the county of Cavan—I stayed there some time, and came away about the middle of Jan., 1849, I think, and from then until May I was visiting between Mr. Pullman and my guardian's—in May I took a lodging at 17, Pall Mall—that has been my lodging ever since—I visited Mr. Pullman when I came to town up to May, and communicated with him about my affairs—I know that they have remained unsettled up to the present day, and I know why—I do not know of any other claims than Joel's being left unsettled in the spring of this
year—my affairs remained unsettled up to the spring of 1849, because we could never get a proper account from Joel and others—Joel sent in accounts which I had the means of checking, and I knew they were not correct—Mr. Marcus's account is still unsettled—he holds one bill of mine for 100l.—I am not aware that any tradesman's bill was left unpaid from that period—I know a person named Meyer, of Kilkenny—I have no account of his—I do not know that I owe him anything—my friends managed it—I never saw Meyer—I know there was an arrangement with him—I do not owe him 200l.—the circumstances were these: Mr. Meyer backed a bill for me; my friends thought it was very wrong of him, an old man, to back a bill for me when I was a boy, and consequently they decided that only so much of the bill was fairly owing, and so much they paid—what amount Mr. Meyer may have lost by the bill I do not know; I have not troubled myself about it—I know the bill is settled—I believe Mr. Waterhouse is paid—I paid the money for the check—I knew when I was in Dublin, in 1848, that Harris's action was going on—I went over on purpose for the action—I was first informed that Harris had sued me on the bill when I came back from Spain in 1848, not before—all Mr. Pullman's letters missed me, except just that one which I luckily got, and which bronght me back as quick as possible—if I had not received it, I might very possibly not have come back then—I went over to Ireland first about my affairs, and then about Harris's action—I owed a Mr. Dillon some money—he became bankrupt—he was requested to send in his account, and I have been to his attorney's—his bill is still owing—I should say there cannot be much else unsettled, with the exception of Joel's, of course.
Q. You have mentioned that jewellery was furnished to you by some of the parties whose names you have mentioned, who called at the barracks; what did you do with that jewellery? A. Some of it I swapped away to the same persons, some of it I have kept—I never remember selling a single article of jewellery—I have changed things away to other persons than those who have supplied them to me, but I never remember receiving any money for articles of jewellery—I gave very little away, if I did any—I remember giving a chain to a man, but of very trifling amount—I believe Joel supplied that chain to me—I do not believe I gave any away supplied to me by Marcus or Waterhouse—I took some diamonds to Mr. Waterhouse, which he allowed a certain sum for, in part liquidation of his bill—I had those diamonds from various persons—I have no doubt I had some from Harris—I do not know how many there were—I probably had some from Joel—there were also two rubies; I had them from Captain Holden—when I got the diamonds from Harris and Joel they were in trinkets; I took them out of the trinkets to dispose of to Waterhouse—I cannot tell how long after I got the diamonds from Joel I disposed of them to Waterhouse—I got them at various times—I cannot tell how long it was after I had got die last from Joel—I should not think it was the very day after—I could hardly have had time to take them out of the trinkets and sell them—I cannot tell whether it was the day after—I rather think Mr. Waterhouse allowed me about 80l. upon the diamonds sold to me by Joel—I cannot tell how long it was after I paid Harris's demands that I took them out of the trinkets and disposed of them to Waterhouse—I cannot tell whether I did so the very day after—I believe that Mr. Waterhouse allowed me 80l. upon the whole paper I took—I had them by me for some time out of their settings—goodness knows why I took them out—I can tell you partly why, I had a pair of scales, and I took them out to amuse myself by weighing them, and partly to see how they looked out of the
setting—I was not of age then—I do not know what became of the setting; the gold part; it was not sold, certainly—I rather think it went to Captain Holden—I know he had a crucible, in which he used to melt up gold, and he had a little marble of gold—I think I handed it to him to melt, but, upon my word, at this distance of time, I cannot tell—I had the rubies from Captain Holden, I rather think not in trinkets; my impression is that he had them unset—I think he bought them in a ring at Storr and Mortimer's, in London—I was not with him, but he brought the ring home one day, when we were together in London, and showed it me—my impression is that it came from Storr and Mortimer's—I had a jewel-case pretty full—I have some of them now, not in my own possession—I delivered them to my guardians, or Mr. Pullman—I never gave anything, that I bought of Mr. Joel, to a female or Harris, or any of those gentlemen—I gave her some that I bought of somebody else—I gave her about twenty pounds' worth of jewellery, as near as possible, I should say that would cover it—that was in Ireland—I was not residing with her—I was residing in barracks—I visited her constantly for about two months—I made her very few presents—I gave her small sums of money—I should say not more than 2l. a week—I cannot say for how long—something under six months, I should say, or under four.
Q. Besides this, did you game at all? A. I only played once when I was in Dublin—I went to Dublin at the end of the autumn of 1846, and was there till the next July—it was at some hotel, the Brunswick, I think, down on the quays—I was only there once in my life—I played at hazard—I neither won nor lost—I played in London when first I went into the army—the last time I played was in Dublin—I have not played at all since I became of age—it was in the spring of 1847 that I played at Dublin—I have played at gambling-houses in London in 1845—I did not go into a gambling-house at all while I was in Ireland, except a booth in the races, where I lost 2s. 6d.—I have not been in gambling-houses in London since 1845—I cannot tell how many times I have been into gambling-houses; not very often; I played at hazard—it was at the time I was at the Army and Navy Club, and generally speaking, a party of us used to go down to one of these gambling-houses—I could not afford to play high, I had not the money, and I never gave bills—I was not in the habit of going to gambling-houses and playing hazard—I went a few times; that was while I was a cornet.
Q. Do you recollect, about Sept. 1849, meeting Mr. Joel in Regent-street? A. No, I do not; I have not the the least recollection of it—I am very shortsighted—he may have passed me—I swear I did not meet him and have a conversation with him—I met him by the Opera Colonnade, in the summer of 1849—it must have been in July, I think—he came up to me as I was going home—he did not ask me for my address, nor did I refuse to give it him—he asked me if I was stopping in London, I said "Yes"—he asked me to settle his claims upon me—I told him I could not myself do it; that I would have nothing to say to it personally, but if he would go to Mr. Pullman, of 5, Essex-court, Temple, he would arrange it—he said Mr. Pullman would not settle, he only insulted him—I said I did not think that was probable from what I knew of Mr. Pullman—I do not say there may not have been something more passed, but that is my impression of the conversation—he did not ask me where I lived—he might have followed me if he liked—I was close at home—probably he did know where I lived—he was by himself as far as I saw—he came up to me by himself, and I saw nobody near—I did not see him again, to my certain knowledge, till I saw him in custody at the police-court—I did not, in 1846, represent that I was of age—I did not give a
treat to the men on the occasion of my coming of age—that was attempted to be proved in Dublin—it was on the occasion of my getting the lieutenancy, the year before I left the army.
JOHN PULLMAN . I live at Shore-house, Hackney, and am a barrister. In the year 1847 I was in Dublin—I was there introduced to Mr. Clements, in 1846, or the beginning of 1847—in 1847 I was requested by Mr. Clements and his guardians to investigate his affairs—I had previously had some conversation with Mr. Clements as to the state of his affairs—he called on me at my hotel, and asked me to assist him—I declined doing so till he would permit me to mention the matter to his guardians—in consequence of that, I had a communication with one of his guardians, and subsequently with both—I afterwards went to Dublin for other purposes, and at that time was requested to investigate his affairs, and I did so as a friend at that time—I had authority from the guardians to pay the debts that were due—I afterwards communicated to Mr. Joel the authority I had, and the terms upon which I was to settle Mr. Clements' affairs—I think I saw Mr. Joel at the latter end of July—I called on him in Dublin—I believe he was then residing in Dame-street—it was about 26th July—I requested him to let me have his account with Mr. Clements—he promised to send it me—I told him I wished to show it to Mr. Clements' guardians—I introduced myself by telling him my name, and telling him that I had called, as I think I said, at the request of the guardians of Mr. Clements, to ask him for his account, in order that it might be settled and paid—I do not remember anything else—I afterwards received from Mr. Joel this document (produced)—it is dated July 30th, 1847—I was then in London, and I believe it was sent to me by post—I have seen Mr. Joel write—I believe this to be his writing—I acted upon it with him—I saw him afterwards upon it, and referred to it—(read—"55, Dame-street, Dublin, July 30th, 1847.—Sir, in accordance with your request, I hand you annexed a list of the bills passed by A. Clements, Esq., 13th Light Dragoons, with me. I am, sir, your obedient servant, Lewis Joel. May I beg as early a settlement as possible of those overdue.—J. Clements's acceptance bill, overdue. July 3rd, 100l.; July 8th, 100l.; July 14th, 50l.; due Sept. 1st, 100l.; 4th, 300s.; 13th, 100l.; 20th, 100l.; 29th, 250l.; Oct. 6th, 500l.; Oct. 12th, 450l.; all payable at Sir E. Burrows and Co., Army Agents, Dublin.")—I do not know whether I was in London when that letter came, or whether I was at the Assizes at Bridgewater—at all events the letter was sent me by post—the prisoner called on me on 20th Aug., at my chambers, in Essex-court, Temple—he requested to know whether that account was satisfactory or not—I said it was not, inasmuch as the consideration for which the bills were given did not appear—it was merely an account of bills, not such an account of the transaction as I had requested him to give—he then gave me a verbal account, as he said, of the transactions—he stated there was what he called a book account—I requested him to give me the account in writing, and he promised to call with it on the Tuesday following—it was to be an account of the whole of the transactions between him and Mr. Clements—on 25th Aug. I received this letter from him by post, I believe—I have no doubt it is in his writing—I saw him afterwards upon it—here is a memorandum I made at the time of receiving it—"Received Aug. 25th"—(letter read—"Mr. Lewis Joel presents his compliments to Mr. Pullman, and apologizes for his want of punctuality; but business of some moment, which caused his return to Dublin, prevented him keeping his appointment with Mr. Pullman Mr. Joel returns to London on Wednesday evening, and will meet Mr.
Pullman at any hour he may please to appoint on Thursday. A line addressed to 49, Strand, stating Mr. Pullman's time, on Thursday, will meet with punctual attention. 55, Dame-street, Monday evening.")—I saw the prisoner on Thursday or Friday at my chambers—he brought with him this account (produced)—I looked over it in a very cursory manner, and saw there was a bill credited to Mr. Clements for 36l.—I asked for information with reference to that—he gave me the information—I said, "Be good enough, then, to put it in writing," and he made this note at the time, giving the explanation which he had before given me verbally, viz., that that 36l. bill was included in another bill of 10th May—I believe I only called his attention to that item—these observations that are written at the bottom of the account were not made then—there are some marginal notes, the whole of which, with the exception of two, were written by Mr. Clements—I laid it before him for information with reference to it, and he made those remarks—(read—"J.M. Clements, Esq., 13th Light Dragoons, in account with Lewis Joel. Debtor—1846. Nov. 20th: 5 pictures, 30l.—1847. Jan. 1st: diamond ring, 40l.; 3 ditto studs, 100l.; credit 2 studs at 40l.; total, 100l. Jan. 5th: diamond and pearl pin, 40l.; a set of pearl studs, 20l.; a guard-chain, 17l.; in cash, 23l.; total, 100l. 11th: exchange of diamond ring, 50l. Feb. 3rd: cash, 335l.; interest and commission, 50l.; 3 stone diamond rings, 85l.; demi-chain, 16l.; 2 pins, 14l.; total, 500l. Mar. 17th: set of enamelled diamond buttons and studs, 75l.; opal ditto, 25l.; total, 100l. Mar. 26th: diamond ring, 200l.; watch, 35l.; set of topaz studs, 50l.; total, 250l. Apr. 9: cash 322l. interest and commission, 48l.; mounting diamond-pin, two rubies in a ring, 60l. demi-chain. 20l.; total 450l. April 29th: cash, 87l.; interest and commission, 13l.; total 100l. May 1st: cash, 210l.; interest and commission, 30l.; three diamond studs, 60l.; total, 300l. May 10th: bill due May 23rd, 36l.; emerald ring, 24l.; cash, 32l.; interest and commission, 8l.; total, 100l.—Creditor.—Nov. 28th: by bill at six months, due May 23rd, 36l.; returned to Mr. Clements May 10th, included in bill of that date. Jan. 1st, 1847: a bill due July 4th, 100l. Jan. 5th: a bill at six months, due July 8th, 100l. Jan. 11: a bill at six months, due July 14th, 50l.—Feb. 3rd: draft of Lieutenant Williams, due 5th Oct., 136l.; total 500l. March 17th: bill at six months, due Sept. 20th, 100l. 26th: a bill at six months, due Sept. 29th, 250l. April 9th: a bill due, payable six months after date, due Oct. 12th, 450l. 29th: a bill at four months, due Sept. 1st, 100l. May 1st: a bill at four months, 300l. 10th: a bill at four months, due 14th Sept., 100l.")—upon seeing this account, I observed that the book account which he had spoken of was not there, and I requested to have that also, so as to have the whole of the transactions between them—I told him I wished to have the whole of the transactions between them—I ultimately received this other account from him, I believe that same evening, but at all events a very short time after—I have a distinct recollection of meeting Mr. Joel in a cab as I was leaving chambers with this—it is in the same handwriting as the others—(read, "J.M.Clements, Esq., in account with L.Joel, Dublin.—Debtor,—June 29th: demi-chain, 12l.; guard chain, 16l.; ruby and ring, 22l.; diamond, 21l.; gold and sash, 4l.; total, 47l.; seal, 9l.; chain, 12l.; total, 96l.—Creditor: watch returned, 35l. on May 1st: chain returned. June 29th, 16l.; set of emerald studs not delivered, 24l.; total 75l.")—when he gave me that, he said it was the whole of the transactions between himself to and Mr. Clements—I never had any other statement of an account of any transaction between Mr. Clements and Joel—I saw him perhaps four or five times on the subject of the accounts between him and Mr. Clements, once in
London, and I also saw him once or twice in Dublin—on neither of those occasions was the bill, the subject of this indictment, ever mentioned to me, or spoken of—the first time I ever heard of the existence of such a bill was just before the Midsummer assizes at Croydon last year—Mr. Campbell called on me, I went down to Croydon on a subpoena from Mr. Campbell—I was there ready to be called as a witness—I did not see the bill—Mr. Campbell said he had not seen it himself—I sent a letter to Mr. Clements when I heard of the bill, and he came up to me from Windsor—I had told Mr. Joel, in the course of conversation, that the guardians would pay anything for which consideration was shown, and six per cent, interest; and at one of the interviews Mr. Joel said he would give up a very large number of bills for, I believe, somewhere about half their nominal value, if I would settle with him—I said I would not be a party to any compromise, that I had no instructions to compromise any matter; that he should have the full amount of any consideration that was shown, and six per cent, interest—that was on one of the occasions at my chambers—that was without any question of minority at all—any bill he could show a consideration for—this (produced) is the 1000l. bill—I have seen it before—I do not think the acceptance is in Mr. Clements' writing.
Cross-examined by MR. CHAMBERS. Q. Will you allow me to ask your age? A. About forty-seven—I have been called to the bar five years—I was a student before that with an Equity draftsman—I was a student for about three years—previously to studying the law, I carried on the business of a woollen manufacturer at Donniford, near Taunton, in Somersetshire—I carried that on from 1830, about four or five years—I was not unsuccessful in it—I paid my creditors in full—I gave up the business and took to the law—I was brought up as a manufacturer; it was my father's business—he retired and I took it from him—my brother took to the business after I left it—I think I have lived at Shore House, Hackney, about five years—I was with Mr. George Simpson, of Lincoln's-inn, the Equity draftsman and conveyancer—I practise both at the Common law and Equity bar, but my attention is more directed to real property law—I attend the Equity and Common Law courts in my wig and gown—I was called to the bar in Hillary Term, 1845—I was a good deal at Dublin in 1846—I do not know at what time I went—I never arranged the affairs of any other gentleman of the 13th Light Dragoons, or for any other human being but this gentleman—I know Mr. Denny, he had consulted me, or rather his relatives had, with reference to his affairs—I was in Dublin with reference to a suit which had been for a long time pending in the Court of Chancery there, and I was then watching it in the Master's office for Mr. Denny's uncles—I could not of course practise as a barrister there, but I was watching, being interested in it for them, as a barrister certainly—I had a power of attorney to act, and was to be paid the fees of a barrister for watching this suit, which was a very troublesome one, in the Courts, and in the Master's office; in fact there were three suits there—I believe I went there for that purpose in 1845, a few months after I was called to the bar—the first time I was there on Mr. Denny's affairs was in April, 1845—I was there previously, and on my way from Kerry to Dublin I received a letter from Mr. Denny's relatives to meet them in Dublin, which I did—I had gone to Kerry about the affairs of Mr. Denny's uncles, the Blennerhasetts—it was not at all mixed up with Mr. Denny's affairs—I was first employed in their affairs and then about his—I am not aware that Mr. Denny had any debts, or that he had borrowed any money, or that he was
in any way involved—he was a ward of the Court of Chancery for a considerable time—there was very great difficulty with reference to the management of those affairs in Chancery, and I was requested to investigate the matter in Dublin, which I did—the uncles affairs were also in the Court of Chancery, and I was watching for both—I was paid barrister's fees for that—one of those suits is wound up, the other is not, on account of the administrator of Mr. Denny's father having died, and his accounts not being rendered—I became acquainted with Mr. Clements in the winter of 1846, or the beginning of 1847—I think he first mentioned his affairs to me at the latter end of May or the beginning of June—I was then in Dublin—I had often met him before—I communicated with other creditors, as well as Joel, with all who I believed to be creditors in Dublin—I called on them—Mr. Clements first called on me, and gave me a verbal account—he then gave me an account of his creditors in writing, it was after that that I applied to Joel—I am not aware that he kept a shop—he was lodging in Dame-street, in a room over a fruiterer's or greengrocer's shop—I called on him, saw him, and requested him to send in an account, which he promised to do—I said nothing beyond that; that must have been a day or two before I left Dublin—his letter followed me to London—I have no doubt I gave him my address either at my chambers or my house—I have lost the envelope of that letter—he showed me no bills when I called on him in Dublin—I do not recollect anything more passing than I have stated—I had seen Mr. Clements' guardians before that; I saw Mr. Murdock at his bank in the Haymarket—I had been to London, and returned before I saw Joel—I do not remember when Mr. Clements gave me names of his creditors—it was before I came to London to see his guardians; for I came to London to tell his guardians what he had told me—that was the first time I had seen Mr. Murdock—it was somewhere about 13th July—I immediately returned to Dublin again, and I believe that same day called on all the creditors in Dublin who I knew to have any account; not the same day I returned from London, but the same day I saw Joel—I took no bills or accounts with me to the guardians; I had not received any then; I am quite certain of that—I returned to London again, to go on the Western Circuit, which I joined at Bridgewater, and there, or in town, I received Joel's letter of 30th July—I was at Bridgewater a week, or thereabouts—I believe I only found one account waiting for me on my return—that was Harris's, dated from Dublin, Aug. 2nd—it was forwarded to me at Bridgewater, I believe—I believe I saw Joel on the subject of his first account within a day or two after the Somerset election—that was at my chambers—there was no one present but him and me—I made a memorandum of what passed at that interview—this is it (produced)—I made it at the time—it is a correct memorandum of what passed, with the exception of some letters here in blue ink, which were added afterwards, when I endeavoured to test his verbal statement with the account that was afterwards sent in—there is no date to the memorandum, only, "Half-past six, Tuesday evening;" address, "49, Strand"—that was the address Mr. Joel gave—Mr. Joel was sitting with me at the time I took this down—I told him he had better send in a written account—he told me exactly what is on this paper—the interview must have lasted some considerable time—I frequently went to Armit and Burroughs, in Dublin, after this interview, with reference to Mr. Clements' affairs—I have shown this memorandum to Mr. Clements—I called on Cox and Greenwood once—that was subsequent to Mr. Clements' having left the army—it was in Sept.—it was
merely to pay over the balance to Messrs. Bouveries—I think I saw a gentleman named Howard, the clerk who attended to the 13th regiment—I have seen accounts at Cox and Greenwood's with him—I requested to have their accounts, which he forwarded to me—I have not ceased to have anything to do with his affairs yet—I believe Mr. Murdock was the acting guardian—he will know more about Mr. Clements' pecuniary affairs than I—I know nothing about them—I have never had any pecuniary affairs with him in any way whatever—Mr. Joel called on me with the second account, I believe, on the Thursday—I have no memorandum of that interview—I believe nothing occurred beyond my requesting him to make that note in the corner, in explanation of the item of 36l.—my impression is that the interview was very short—it was at my chambers—I told him that the account was not satisfactory, and requested him to give me a further one—this is what he afterwards gave me, which he called the book account—I think I first saw the bill in question in Nov., at Mr. Campbell's—he showed it me—I subsequently called at Mr. Clements', and he saw it—I did, not afterwards show it to Mr. Netherclift—I never saw it but in Mr. Campbell's hands—I first saw it by myself, and then with Mr. Clements and Mr. Humphreys—I have not seen Mr. Netherclift here: I do not know him—I do not know whether he was at the police-court—I never saw him in my life—I do not know that the bill has been shown to Mr. Howard—I do not know the name of any of the clerks at Armit and Burroughs'—I saw several clerks there on Mr. Clements' affairs—I am not aware that Mr. Howard was in attendance at the police-court—I should not know him if I was to see him—I do not know how long I was looking at the acceptance before I formed my opinion upon it, certainly not more than a few minutes—I believe it is not his writing—I am confident of it—I should say I first saw him write in 1847—he signed his deposition at the police-court—I was at both the examinations there—the prisoner was taken into custody at the Bankruptcy Court, in my presence—I was there in my wig and gown—I did not point him out—I heard that he was coming up on that day—I attended as a barrister, instructed by Mr. Humphreys to watch the case in reference to the bankruptcy—I had a regular brief—I think Joel was taken into custody when he was in the box, if I am not mistaken, as the officer did not know it was positively him till he heard him give his name—the officer was Sergeant Moone, from Vine-street—I was in attendance there perhaps an hour and a half before Joel was taken—I am not aware whether there was any one there who knew Joel except myself—I did not hear him give his name, nor see him taken into custody—I was sitting at the counsel's box—I did not tell Mr. Jones, Joel's attorney, that I was there engaged in the next case—I do not believe I ever spoke to Mr. Jones in my life—if he said anything to me, it was as a perfect stranger—I certainly have no recollection of seeing him; but as to saying I was engaged in any other case, I most distinctly deny—I did not, as soon as Joel was taken into custody, take off my wig and gown, and follow to Marlborough-street—I waited a considerable time—I went to call on Mr. Clements, and we went to Marlborough-street together—he was at an hotel in Basinghall-street—we first went to my chambers—the only person that I am aware of who was then at Marlborough-street, to look at this bill, was Mr. Clements.
Q. Did you, after the communication from Mr. Campbell, take any steps to apprehend Joel until he actually appeared at the Bankruptcy Court? A. Yes; when the bill was, as I understood, about to be produced upon the
trial at Croydon, Mr. Clements was down there, and his solicitor instructed counsel to move that the bill should be impounded, in order that a prosecution might be instituted—Messrs. Wright and Kings ford, of Essex-street, were Mr. Clements' solicitors, and their managing clerk was there, and gave those instructions—I was concerned in the arrangement of Harris's matters with regard to Mr. Clements' bills—Harris has never been taken into custody, except when he was bound over to keep the peace, having threatened to do me some personal injury—I am not aware that he has ever been taken into custody for forgery—in the account produced there is a bill for 500l., stated to have been drawn or accepted by Lieutenant Williams—I did not refuse to pay that in the first instance—Lieutenant Williams did not threaten to chastise me if it was not paid—the bill was dishonoured, and Lieutenant Williams was threatened with an action—he told me so, and showed me the letter from the attorney—the reason the bill was dishonoured, as I believe, was, that there was a mistake with reference to the date—I saw this gentleman, and said to him, "Inasmuch as you had 100l. of this bill, and no more, as I understand; if you will pay 104l., namely, the interest upon the 100l. you had, I will deposit the remainder with Annit and Buroughs"—I paid in 396l., and with reference to its not being there, that was not the fault of Mr. Clements; but the 104l. was lodged, and the 500l. was then made up—it was dishonoured in the first instance—there was no dispute about the consideration of it—there was a little delay about the amount being made up—it was not refused on the ground of any charge of forgery—it was paid in two or three days, I believe—(looking at the second account) I made this erasure on the back either in July or Aug.—I made a memorandum upon this, which ought to have been made on another, and then scratched it out—I have had a great many opportunities of seeing Mr. Clements' writing—that was after I was engaged in his affairs—I have no recollection of having seen any bill that is signed before he became of age, with the exception of one which he drew in my presence for 160l.—I have seen his handwriting on bills which purported to be drawn before he became of age, but I had not, until he became of age, seen his handwriting upon any bills—there were two bills which purported to have been accepted after he became of age, which I have seen—I did not see him write those—I do not think the acceptance to the bill in question is a disguised hand—I think it is very much like Mr. Clements' writing, but I do not think he wrote it, inasmuch as there are peculiarities about it which I have not seen before—the only peculiarity it with reference to the "s" and the "t"—they are not at all like anything that I have seen Mr. Clements write—there is no stroke to the "t," and here is a flourish at the end of the "s" which I do not remember seeing in Mr. Clements' writing—here is a peculiarity also about the "C" in Clements; still it is very much like his writing—(looking at a paper marked Z) this is very much like Mr. Clements's writing, but it is not written as that is—I think it is his writing—it is very much like it—(looking at one marked Y) I cannot tell as to this—I should say "J.M. Clements" is very like his: but the word "Lieu't." is very unlike what I have seen of his—I should think it is not his—a portion is like and a portion is not. (Looking at another paper marked X) I should say, looking at this, that it is very much like a copy of the signature on the 1000l.-bill—I do not think it is his handwriting—(this was the 1000l.-bill in question, but handed to the witness in an envelope, a portion of which was cut out, so as to render the signature only visible)—the words "Lieu't. 13th Light Dragoons" are very like his writing; but
really I should say it does not appear to be written with the same ink as "T.M. Clements" is, or at the same time. (Looking at a paper marked W) I think this is Mr. Clements's writing—I see the words "Lieu't. 13th Light Dragoons" here—I think that is his—I have seen the three bills that were in Harris's hands, which were alleged to be forgeries—I saw them at Dublin—the last time I saw them was in Nov., or Dec., 1848, in Court, at Dublin, and I had seen them before that, when they were brought into the Master's Office for inspection—they were produced by Mr. Bloomfield, Harris's solicitor, upon a motion for their inspection—when I saw them in Court, they were in the hands of Harris, where they still remain, I believe, or in the hands of his attorney—that was the last I saw of them—I saw Harris in Court; he was there when the verdict was returned—I have not spoken to him since—I saw him at the Bankruptcy Court here, and once at the Imperial Hotel, where I was staying—I have not seen him at all since Joel was taken into custody—the last time I saw him was perhaps two months ago—when I saw him at the Imperial, he was in the coffee-room with some officer upon some bill-transaction—that was six or seven months or more after the trial—I had nothing to do with Mr. Clements' debts—I have paid every claim that I am aware of that has been sent in—if any party has a claim against him, I will pay it now—we are quite ready to pay every farthing—the matter is not finally settled—I have not paid Joel a single farthing, and he has never asked for a single farthing—I have endeavoured to ascertain what amount in actual cash, and what amount in real value of jewellery he has furnished to Mr. Clements—I have only made these inquiries from Mr. Joel and Mr. Clements—I have been to Armit and Buroughs, to ask them for their account, and I have got it—I have no idea who the clerk was who gave it me—my account with Mr. Clements and his guardians is not yet settled—I am to be paid thus, I was requested to make this investigation, and I then stated that I was not an attorney, and I could make no charge whatever—they said if I would go to investigate the affairs, I should have the fees which a barrister was entitled to while I was away—I would make no terms whatever with Mr. Clements in any way, or have any transaction with him—I stated so distinctly—I have been paid something by the guardians, but am not entirely settled with—everything was done from communication with the guardians.
MR. HUDDLESTON. Q. Why has Mr. Joel not been paid? A. I have not had an opportunity of seeing him since Oct., 1847, nor have I heard from him—I have never yet been able to get the bills, which he alleges should be paid, brought before me, and have had no opportunity of investigating it—I found that he was not entitled to anything like the amount he claimed—the action that was brought at Croydon was not tried—Mr. Joel saw me there—Mr. Clements told Mr. Campbell in my presence not to part with the bill—I never heard of the bill before I had the intimation from Mr. Campbell—the memorandum I have produced was taken by me in Joel's presence—he stated that certain bills were in the Carlow Bank, and certain bills were in the hands of Mr. Bevan, I think, of the Old Jewry—he did not say a word about a 1000l.-bill—I had this memorandum in my hand at the police-court, to refresh my memory, and read from it—Mr. Joel told me when he gave me the first account that that was all the transaction between him and Mr. Clements with the exception of the 80l. book debt, and then when he gave in that, he stated that that was the whole of the transaction—(Looking at a paper marked E) I believe this to be Mr. Joel's handwriting—I believe the endorsement to the bill in question to be in his writing—I have no doubt of
it—I have never seen him write, except that memorandum in the corner of the account, but this is the same writing as his letters to me, upon which I have acted.
JOHN MARCUS CLEMENTS re-examined by MR. CHAMBERS. I have seen the account of certain bills of exchange which was given to Mr. Pullman—he also showed me this second account, detailing the consideration for the bills—I made some memorandums on that account; they are there now—the account was given me on purpose that I might make any observations upon it—they are in black ink—the last debt in this account is, "May 10th, 1847, 32l. cash"—I will not swear I did not have that—I will not sweat I did not have 210l. cash on 1st May—I will not swear to any of these bills—I know I had not this amount of cash, but what I had exactly I cannot tell—I will not swear I did not have the three diamond studs or the emerald ring on 10th May—this account was brought down to me at Windsor, in Sept., I believe—I will not swear that I had not the emerald ring—it is rather difficult to be extremely accurate in matters of jewellery—I do not know that I did not have 32l. in cash in respect to the bill of 4th May—I did not know at the time this account was brought to me what cash I had received, and what I had not—I cannot tell whether I had 210l. in cash in respect to the 300l. bill—I have made every endeavour to find out, and surely such a large sum of money would have been lodged at my banker's, or something of that sort—personally, I tell you I really cannot tell—my impression is that I had not so much money, but I will not swear that I had not—Armit and Buroughs were my agents—I do not know whether one of their clerks is here; I have not seen one—I will not swear I did not have 87l. on April 29th in respect of a 100l. bill—there is only one bill that I kept any account of, and that was one for 500l.—I cannot swear as to any of the others—I will not swear I did not have the 322l. on 9th April in respect to a bill for 450l. or a diamond pin and two rubies for 60l.—the rubies must have been the two that I spoke of before—I believe I had that—I believe I gave him the two rubies to mount, and he supplied the diamond—I cannot say whether that was the diamond I abstracted, and disposed of to Mr. Waterhouse, I rather think not—I do not know what became of that diamond—Mr. Waterhouse has got the rubise—I cannot tell whether that ring was melted up by Captain Holden—I cannot say whether I had a diamond ring at 200l. on 26th March—there is no memorandum of mine against that item—I will not swear I did not have it—there is no objection made to a set of studs at 16l., or a watch at 35l.—I had a set of enameled diamond buttons and studs on 17th March, but he charged them at 100l., instead of 75l.—I am sure I did not have the opals which are charged at 25l.—my first transaction with Joel was on Nov. 20th, with regard to five pictures—I dare say I had the diamond ring for 40l.—I have put no mark to that—here are the words, "Harris has these"—that refers to the three diamond studs charged at 100l.—I did not take them out of the setting and sell them to him; I merely swapped them away—this credit for 40l. returned refers to two studs which Harris charged me 80l. for, and for which Joel allowed me 40l.—I can swear I did not have the opal studs; I will not venture to swear with regard to any of the others—I have not put any objection to "cash 335l." on Feb. 3rd.—I made a note of that bill at the time, or very soon after, and the account here given does not in the least tally with my note of it—I will venture to swear this account of it is incorrect—this is the note I made of it (produced)—I cannot say whether I received any cash from Mr. Joel in respect to that bill; I will not swear I did not—I
know this was the agreement on which the bill was drawn, because there was always an agreement on all these bills, as to what was to be in cash, what in jewellery, and what was to be the commission—I never drew a bill without that arrangement—I should say this memorandum was not made in Joel's presence—I have no means of knowing whether I personally received any cash on that bill—I know there was 100l. cash paid on it, which Lieutenant Williams had, whether I received the remaining 150l. I cannot tell—it may have been dishonoured at first, but it was paid eventually—my affairs were then out of my own hands, and I was away—I cannot swear whether I got the three stone diamond ring charged at 85l.; my impression is I did not; if there is no memorandum of mine on the margin, I suppose I did—I sold that diamond to Waterhouse—there is a note of it—I cannot say when I sold it him—I know the stones did go there eventually, but when I cannot recollect—Lieutenant Williams did not come to me about the bill after it had been dishonoured—I was in England when it was due—I do not remember receiving any letter from him—I have never seen him since—he was aid-decamp to the Lord-Lieutenant, and I believe he is so now—I know what accepting a bill in blank is—it is writing your name across a blank piece of paper—I never saw the two bills of Harriss that have been mentioned—I was not in the Court at Dublin—I was waiting at Morrison's Hotel while the trial was going on—Mr. Franks, of Dublin, was my attorney—Joel used to come to me at barracks, as you will see by his accounts, every now and then—the bills were drawn and accepted in my private room there—no one was present when I gave any of the bills—of course you would not have two in your room at once—I think Joel came to me in June and July, 1847—I cannot tell the date, but it was after I had signed the last bill in this account—it may have been the beginning of July—he was a very short time with me; it was in my barrack-room—he did not ask me to make any payment on account—he asked me to renew two bills—I do not recollect which they were, but he said two bills would become due, and he asked me to renew them—he did not show them to me—they may have been over due, or coming due, I do not recollect which—the conversation perhaps might have lasted five or six minutes—we were the only two persons present—I refused to renew the bills—I did not give him any reason; I said I would rather not—he did not ask for a reason—he said he wished I would renew them, and wished me to write a letter, saying that all his transactions with me were fair, and I declined doing either.
Q. Did not he ask you why you refused to renew them, and did not you say because you were a minor? A. No, decidedly not; because I was a minor then, and it could have done him no good to renew those bills—I do not recollect anything passing about my being a minor—I will not swear it, but my impression is there was nothing—he did not threaten to take proceedings against me, he was very civil, he said nothing of the sort—I do not recollect his saying I had disputed other persons' accounts, and said I was a minor—I do not recollect that I had disputed any accounts—I was not told as early as April, when I consulted Mr. Pullman, that the defence of minority was a good one—I may possibly have had conversation between May and July, 1847, with persons about my being a minor when I accepted bills, and very possibly with creditors—I do not remember telling anybody that I was not bound by those acceptances, because they were given when I was a minor—I do not recollect any such conversations—I say it is possible there may have been such conversations, but I do not recollect it; I do not deny that there
were—I saw Harris, when I had dealings with him, at the barracks, and accepted bills of exchange for him—I will swear I accepted no bills of exchange in blank for him—my impression is that I gave him five bills—I will not swear it was not more—I kept no account or memorandum of any bill but the one for 500l.—when I became of age I had a very good idea of the general amount of bills against me, and I could guess the number, but I did not know it—Joel went away from that last visit without my agreeing to make any arrangement with him with regard to his claim against me—I went down to Croydon with Mr. Pullman, and I believe a clerk of Messrs. Kingsford and Wright; counsel, I understand, had instructions in Court to impound the bill if it was produced, but it was not—I did not see Joel there—I did not go into Court—I was staying at Windsor when I first heard of the bill, and I came off, I think, almost the next day—I passed through London—I may have gone to Kingsford and Wright's offices, I cannot say—I know that there is an action now pending against me upon that very bill—I believe that had been begun long before Joel was taken into custody—I had heard of it before that—I came up to London from Yorkshire the moment I heard there was such an action, and that the bill was likely to be forth-coming—I went to Mr. Campbell's, and that was the first time I saw it—I did not believe it was my signature, decidedly not.
Q. That being so, were you called upon to write your name twice, and did you write your name twice at Mr. Campbell's? A. I did sign some things, declaring it to be a forgery; whether it was two or one, I am sure I do not know—Mr. Campbell did not call on me to give a specimen of my writing by writing my name—whether Mr. Pullman asked me to do it or not, I do not know; it is so slight a thing to write one's name—I knew the bill was a forgery directly—I was certainly not asked by Mr. Campbell to give a specimen of my writing—I do not remember being called on to write my name, except signing those documents; I then signed my Christian names at full length—I sometimes sign at full length, and sometimes with my initials only—if I am signing a letter, I generally put my initials; if I was signing a power of attorney, or a thing of that kind, I should do it at full length—bills of exchange I used to sign with initials—it was usually, "Accepted, Messrs. So-and-so, J.M. Clements, Lieu't. 13th Light Dragoons, payable at Messrs. Armit and Burroughs"—I usually wrote "accepted, payable."
(Saturday, January 12th.)
MR. BODKIN. Q. In the observations you made yesterday upon one or two items in the second account, did you confine yourself entirely to that of which you had an accurate recollection? A. Yes—I have never personally, or through the medium of any other person, denied that I have received considerable sums of money through the prisoner, but I do deny that this account is correct—I have denied the amounts; I am not now in a condition to say to what extent—this memorandum, which I made with reference to Lieut. Williams's bill, does not enable me to say whether I had that 250l. in cash—it enables me to swear that the statement of it here is wrong, and to state the nature of the arrangement that I then made with Mr. Joel—it was a bill for 500l., with the additional security of Lieut. Williams—Joel was to give me in cash 250l., to take up two bills which he had given to Mesage the print-seller, for 67l., which he did not do, to take out in goods 83l., and interest at the rate of 60 per cent.; the bill was drawn for four months, that would be 100l.—in my other dealings with bills with Joel, I always made a similar
kind of bargain; but I took no memorandum of any other bill, because I was the only party liable, but this bill was chiefly for Lieut. Williams's benefit—Joel generally paid the money advanced on the bills into Armit and Burroughs—I have received small sums from him in barracks—I took his word for paying the cash into my bankers—I had no means of examining my account there before making my observations on this account at Windsor—we had the account, I believe, at Windsor—I cannot swear that I had seen it, I do not think I saw it before I returned the account.
Q. with respect to the jewellery about which you have been examined, did you want the jewellery, or was it part of the consideration given for the acceptances proposed by Mr. Joel? A. In very nearly every case it was part of the bargain—sometimes I may have taken a fancy to a thing, and taken it as a fancy thing, but I did not want all this jewellery—I should think it was some of those articles which I did not want that I sold—since I was examined yesterday, I have found Mr. Waterhouse's account—(upon MR. BODKIN proposing to put this into the witness's hand, to refresh his memory, MR. CHAMBERS objected. MR. JUSTICE TALFORD was of opinion that the witness could not be permitted to refresh his memory from a document in the handwriting of another person)—I am now prepared to state that I gave Mr. Waterhouse a check for 100l.—his claim was satisfied to the extent of 100l.—I was in Spain when I first heard of the action brought by Harris—that was by a letter which I received, I think, about July, 1848—that brought me immediately to England—I went over to Dublin, on the trial—I was first of all staying near Dublin, with Lord Leitrim—I was in Dublin altogether perhaps three or four days, or a week—I was staying at Morrison's Hotel there—I did not see Joel during my stay there—I believe Harris was an acquaintance of the prisoner's—I do not recollect having seen them together—Harris was in the habit of coming to the barracks, the same as Joel—I was told the particulars of Harris's bills, which I say were forged, both by Mr. Pullman and Mr. Markcomb, who were in Dublin with me—with respect to the first of the three, I was told that Mr. Gold's name was at the back of it, as well as at the back of another, which was a genuine bill—I knew he had only backed one bill for me, and in Court he swore that the signature to the other was a forgery—I was told that—I was also told that the date of that same bill had been tampered with, that the date had been scratched out, and a fresh date put in—I was told what the date was, but I do not remember it now—it was not a date after I became of age—I was told that the other two bills were signed and dated after I became of age—I concurred in the defence of minority and forgery made to Harris's action—I was then informed of the forgeries of those bills—no communication was made to me on the subject of this 1,000l. bill while I was in Dublin or the neighbourhood—I went to Mr. Campbell's office to see the bill—it was not intimated to me at the time I was asked to write my name that, it was with a view of being compared with any other writing of mine—Mr. Campbell requested me, before he showed me the bill, to sign my name to a document that it was a forgery—before he showed me the bill he said he should require me, if it was a forgery, to sign a declaration to that effect, and said he would prosecute Mr. Joel—neither Mr. Campbell or anybody else suggested to me to write my name as I ordinarily wrote it on bills of exchange—the interview between myself and the prisoner at the barracks, in July, 1847, was not very long before I left Dublin; I cannot remember exactly how long, I should say it might have been a week before—that was the last interview I had with
him on the subject of business, with the exception of the short conversation at the Opera Colonnade—I have a sufficient recollection of what took place on that occasion to be able to state positively that nothing was written between us—he made no other proposal to me than to renew certain bills that were coming due, and to give him a letter stating that all his transactions with me had been fair and just—that was all that passed—I am perfectly certain of that—I did not know at that time that he had been in communication with Mr. Pullman—I cannot say whether Mr. Pullman was then in Dublin, but my impression is that he was—I know that he went to London about that time, to see my friends—I saw him soon after this interview, because I detailed it to him.
MR. CHAMBERS. Q. Since last night, have you been asked any questions, or have you made any communication to any person, with reference to what you said upon cross-examination? A. I have not—Mr. Pullman handed me over Mr. Waterhouse's account to look at, but I had no conversation—I walked home part of the way with Mr. Pullman, and he expressly declined to enter into conversation with me on the subject—he said it was not right—he handed me the account in his chambers, and said, "You had better look over Waterhouse's account," and that was all he said—I have had no communication whatever as to the evidence—I have no recollection of having made a drawing of the diamond and ruby ring, for the purpose of having some trinket made by Mr. Joel—I will not deny having done so; I do not remember; it is very possible I might—I did not break it up and sell it the very next day; my impression is that I did not, but I cannot swear it.
COURT. Q. Had you yourself any notion of the value of rubies and diamonds, and articles of that kind? A. No, certainly not; or I should not have given the price I was charged—I had purchased jewellery before I went to Dublin—not to any great extent—I had no idea of the value—I was about seventeen when I entered the army—I served not quite a year at Hounslow—I think I joined in Sept., or Oct., and marched away in the spring—I was not twenty when I went to Ireland—I was first in the south of Ireland for some time, in Kilkenny and Limerick, and then went to Dublin—I had connexions in Dublin, but no very intimate friends—I am an Irishman—I have friends and connexions both in Ireland and England—my property when I became of age was all landed property—there were the savings of my minority—my father died when I was about eight years old, and my mother when I was twelve—I was born in London—my father was an Irishman.
JOHN THOMAS CAMPBELL . I am a solicitor. This 1000l.-bill has been in my possession—I produced it before the Magistrate—I brought an action on it against Mr. Clements—the action was commenced in May, and it is now pending—I commenced it a day or two after Mr. Clements had called on me and pronounced it to be a forgery, but I am not positive whether the writ was issued previously or not—I attended at Croydon in Aug., 1849, where the action was to be tried—my firm brought the action—at that time we believed the bill was in Mr. Joel's possession—we brought the action against Joel for Forrest—he was the manager of the London and Dublin Bank—we did not bring the action in his name as a public officer—I believe the bill was discounted by him in his own name—the action was brought to recover a large debt, that bill being a portion of the amount—the London and Dublin Bank are our clients in the action against Mr. Clements—Forrest is the plaintiff in that action—he has left the country, emigrated as I understand; he left a power of attorney before he left the country—I saw him about a
week or two after the assizes at Croydon, about the middle of Aug., 1849, and never since—I do not think I have seen Joel since the action was commenced, except before the Magistrate—I saw him on the subject of the action before I commenced it.
Cross-examined by MR. CHAMBERS. Q. What firm are you a member of? A. Davies, Son, and Campbell—I have been admitted as an attorney, I think, four or five years—Mr. Davies has been in Warwick-street more than half a century—in the action at Croydon, our firm acted for the London and Dublin Bank—the day was fixed for the trial, I think, before a special jury—I think about the day before it was coming on, Mr. Joel made a communication through his solicitors, that he wished to arrange the action—an appointment was made, and Mr. Joel came to our office with his solicitor, and I then told him that Mr. Pullman had informed me that no such bill was in existence, and if such a bill was in existence it was a forgery—I told that distinctly to Mr. Joel, and he consented to give us a judgment for the debt that was claimed—we told him we would listen to no terms unless he gave us a judgment, and gave us back the bill he had got from Mr. Forrest—this was on 13th Aug.—I then went out of town, and on 23rd Sept. I saw the bill in our office—I think it was with some papers relating to the business—Mr. Pullman was subpoenaed by our firm—it was our intention to call him as a witness, if necessary, in that action—Mr. Pullman and Mr. Clements called to inspect the bill—I think that was after I had written a letter relative to it—we made inquiries, and afterwards went on with the action—Mr. Clements wrote his name twice in my presence, in Warwick-street.
Q. Having seen him write his name, did you look at the signature to the bill, and have you formed any belief or judgment as to that being his handwriting? A. I have a very strong belief it is his handwriting; it only goes to belief, of course—I have seen a good many bills with his signature to them—that is a reason for my coming to that belief—my judgment upon seeing him write would not be so strong, because he signed bis name in full, and the signature to the bill is in short—I believe it to be his writing—I am now speaking as to the general result of my investigation—I could not have formed a belief if I had not seen those other bills—the action is now pending—it was stayed on the question of security for costs, because Mr. Forrest was out of the country, and when Mr. Clements brought forward this indictment we thought we might stay the action and see the result of this indictment—Mr. Humphreys, or Mr. Pullman, I am not certain which; I think it was Mr. Humphreys, told me that a warrant was out against Joel—that was a very short time after Mr. Clements and Mr. Pullman had called to see the bill—I think I communicated with Mr. Jones, Joel's solicitor, the day or day after I had that information—I think it was about a month after that that Joel appeared at the Bankruptcy Court—it might be a week after, I cannot exactly recollect—I have no interest whatever, nor has my firm, in this matter, beyond our acting as attorneys for the Dublin Bank.
MR. CLARKSON. Q. Look at the writing on the back of the bill, it appears to be wholly erased, was that the state in which it was when you first saw it? A. Yes—I think I spoke either to Mr. Pullman or Mr. Murdock about Mr. Clements's address—there was no hesitation on their part in acting upon it—Mr. Humphreys agreed to accept process immediately—there appears to be the name of Forrest on the bill, under the name of Lewis Joel, next to it—it may not be Forrest, it looks like Forrest—it was there when I saw it first—we have a clerk named Reeve, he told me he had made a copy of the bill—I saw that copy the other day for the first time—I have not got it—I have
no doubt Reeve has got it with him—when Mr. Clements signed his name twice, it was to a duplicate memorandum—before I showed him the bill, I asked him if he would have any objection to state in writing, after he had seen it, whether it was his signature or not—he said, "Oh, certainly not"—I showed him the bill, he said, "It is not my signature," and I wrote out that memorandum, which he signed—I did not get the signature from him for the purpose of a comparison of his writing—I have not got the duplicate memorandum with me; this is one of those that Mr.Clements signed (produced)—I think I was requested to give security for costs for Forrest the moment Mr. Humphreys was enabled to apply for it—I think he applied for it as soon as he was entitled after the issuing of the writ—perhaps it was a fortnight or three weeks after—I cannot tell whether it was on 10th Dec. (looking at a paper handed to him) it must have been on 10th Dec.—we commenced the action on 23rd Nov., just two days after Mr. Clements had been to inspect the bill—it must have been at the end of Sept. that we made inquiries, after Mr. Clements had stated it was a forgery, before it came into our hands, and therefore, as soon as it came into our hands, we made inquiry—I told Mr. Jones, Joel's solicitor, that I was informed there was a warrant out against him—that must have been a day or two days after Mr. Humphreys told me—it must have been two or three days, but it was not more than that.
HENRY JAMES REEVE . I am a clerk in the office of Messrs. Davies, Son, and Campbell. On 10th Sept. I received a bill from Chignell—I believe this is the bill (looking at it)—I made a copy of it at the time—this is it (handing it in)—as far as my memory serves me, this is an exact copy of the bill—I really do not remember whether the endorsements were scratched out at the time or not—I believe that is the bill—refreshing my memory with the copy I made at the time, I cannot say positively whether the endorsements on the bill, when I made the memorandum on it, were visible or not, but I think they were.
HENRY CHIGNELL . I am messenger at the house and office of Messrs. Davies, Son, and Campbell. In the month of Aug. or Sept. I saw the prisoner in the office—he wanted to leave a memorandum or bill of exchange with me, to give to one of the firm when they came—he did not tell me the amount—this (looking at the bill) may be it, but I cannot swear whether it is or not—whatever he gave me I gave to Mr. Reeves, the clerk.
Cross-examined by MR. CHAMBERS. Q. How many hundred papers do you receive in a day from parties that call at the office? A. Not many hundreds, I may have received a good many—I do not read the papers that are given me—I merely got a slip of paper, without knowing what it contained, and handed it over to one of the clerks—the prisoner gave me a paper or bill of exchange, and I gave it to Mr. Reeves—I cannot tell how many other papers I delivered on that day to Mr. Reeves, it might have been many or few.
MR. CLARKSON. Q. Did you deliver over any other paper from Mr. Joel to Mr. Reeves except the memorandum, or bill of exchange or paper you have referred to? A. Certainly not—I gave the prisoner a memorandum for it.
COURT. Q. Does your memory serve you to know what sort of paper it was, whether it was a slip of paper in the form of this, or whether it was a different sort of paper? A. It was a slip of paper in the form of this, and I believe that is it, but I really cannot swear—it was that sort of paper, in length and breadth.
SAMUEL JARMAN . I am one of the assistants of Mr. Humphreys, the attorney for this prosecution. On Monday, 7th Jan., at Marylebone Police Court, I served a notice on the prisoner, of which this is a copy (produced.)
Cross-examined by MR. CHAMBERS. Q. Do you know Mr. Netherclift? A. Yes; he is a lithographer—he has been taken to see this bill, I think about ten days ago—I am not certain as to the date—no other persons, that I am aware of, have been taken to see it—I hare not been to Cox and Greenwood about it—there has been no communication about it with Armit and Burroughs, of Dublin—I have not had any communication with any of Bouverie and Co.'s bank clerks about it—I have not been to Mr. Dight—I have not subpoenaed Mr. Netherclift to attend here on the part of the prosecution—he is not here—he was here yesterday—he was not in Court, he was in the lobby—he was not here under a subpoena for the prosecution—I was at the Bankruptcy Court when Joel was taken into custody—I went by myself—Sergeant Mount accompanied the officer who took him—I did not direct him to be taken into custody; he was in the box, and Sergeant Mount went up to him with a warrant—I delivered Mr. Pullman the brief—it was not a blank sheet of paper—the appointment at the Bankruptcy Court was, I believe, for two o'clock; I was there about that time—some cases were in the course of investigation before the Commissioner, and I believe about three, or half-past, I saw Joel come in—I heard him called Lewis by some one who was speaking to him; a friend, I believe—he was then walking about the Court—he was standing in the witness-box when the officer spoke to him—Mr. Pullman did not make any application to the Court; he was instructed to watch. (The notice being ready was to produce a memorandum given by Chignell, purporting to be a receipt or acknowledgment for the 1,000l. bill, the subject of this prosecution.)
COURT to HENRY CHIGNELL. Q. Recollect, as well as you can, what it was the prisoner said when he came? A. He asked whether either of the partners were there; I said it was before, the office hours—I believe he then said he wanted to leave a paper, and would I take it, as he wanted to go to Brighton by the rail—he said it was a bill; he did not say for what sum, or describe it further—I am sure he said it was a bill, and he asked me to give him a memorandum for it, which I did, and he left the paper with me—I did not read the paper at all.
Q. Then how could yon give a memorandum for it? A. I gave a memorandum for a paper left with me; in fact I had no glasses at the moment, and could not see to read it—I merely gave him a memorandum for a memorandum given to me to give to one of the partners, merely a memorandum that he had left a paper with me—that was all the information I received from him—my eyes did not, without my glasses, enable me to look and see the particulars of the paper—I did not look at it after he was gone, and before I gave it to Mr. Reeve—I put it into my desk, and when Mr. Reeve came I took it up, and said, "Mr. Reeve, here is a paper left by Mr. Joel for you, will you take it?" and I gave it him—I really believe it was a paper of this description, but I could not say what it was—I did not receive more than one paper from Joel, which I gave to Mr. Reeve—(MR. CLARKSON requested that the witness might be permitted to look at his deposition to refresh his memory as to what passed at this interview. MR. CHAMBERS objected, if a contradiction was sought to be proved, that could only be done in the case of an adverse witness; and as to refreshing the memory of the witness, that could only be done from a document in his own writing. MR. BODKIN said it was a matter entirely in the discretion of the Court. MR. JUSTICE TALFOURD thought that he should best exercise his discretion in not allowing the deposition to be used for this purpose.)
Q. Can you now recollect whether the prisoner, when he brought you the document, described it in any way, or stated it to be anything? A. I believe he said, "I wish to leave a paper," or a bill of exchange; I do not recollect the words, and that, I believe, ought to be in my evidence before the Magistrate—I said I did not know—I believe this to be the bill, but I cannot swear it—(the bill was here read.)
HENRY JAMES REEVE re-examined by the COURT. I believe this to be the paper I received from Chignell and gave to Mr. Campbell—I have no doubt about it—I took a copy, and it tallies with that copy—I received no other bill at any time from Chignell for 1,000l., in which the parties were the same, nor did I deliver any other bill to Mr. Campbell of this description and amount.
JOHN THOMAS CAMPBELL re-examined by the COURT. I had no other bill but this for 1,000l. in my possession, purporting to be drawn by the prisoner on the prosecutor—I think I showed this bill to the prisoner on two occasions, when he called to pay a portion of the debt, or rather the costs—he said it was a genuine bill, and he could prove Mr. Clements signed it—he did not make the slightest question about that being the bill he had brought to our office.
JAMES GORDON MURDOCH . I am a partner in the house of Bouverie and Co., bankers, and was one of Mr. Clements's guardians—I have had frequent opportunities of seeing him write, and knowing his handwriting—I have carefully examined the acceptance to this bill—I do not believe it to be his handwriting—it resembles it—I must have first seen it in Nov., 1849—it was shown to me by Mr. Campbell—I believe I said it was like his writing—the arrangements that were made by Mr. Pullman with respect to Mr. Clements's embarrassments were made with my sanction—down to Nov. last, when this bill was shown to me by Mr. Campbell, I had never heard of any bill for 1,000l. accepted by the prosecutor—yes I heard of it in Aug. at the Croydon assizes—that was the first I had heard of it—I received this letter(produced) from the prisoner—it is dated "Friday"—I cannot say when I received it—I am not personally acquainted with the numbers of bills that Mr. Joel made a demand upon—I had no communication with the prisoner on receiving this letter—I sent it to Mr. Pullman—I received it before the Croydon assizes.
Cross-examined by MR. BALLANTINE. Q. Are you in the habit of paying money over the counter on checks or bills? A. Yes, I have paid drafts of Mr. Clements's, and several of my clerks also—I have occasionally paid them personally—the cashier, Mr. James, would usually do that—he is in my employment now—he is not here—he has been in the habit of paying Mr. Clements's drafts ever since he had an account at our house, which was when he first entered the army, I think—if this bill had been presented over the counter, and 1 had not heard anything about it previously, I should not have paid it if I had been there, both on account of the largeness of the sum, and a doubt of the handwriting—I think the writing would have prohibited me—I do not know whether it has ever been shown to my cashier—I was not a witness at the Police-court, or before a Grand Jury—I gave authority for the arrangement of Mr. Clements's affairs—I heard his statement on the subject of this bill before I saw it—my mind was prepared to suppose it was a forgery.
Q. You say you employed Mr. Pullman, was that on your solicitation or on his? A. He objected to act at all without the sanction of the young
man's guardians—we did not employ him as an agent, but merely as a barrister—he was to be paid as a barrister—the terms on which we were to employ him were five guineas a day when he was employed on these affairs only, if in Ireland—it was not positively stated how much he was to have in England—we have not come to a settlement, there may be one other clerk in our house besides the cashier, who knows Mr. Clements' handwriting—I have not directed the employment of Mr. Netherclift to examine this signature—I never heard of his being employed—I think my answer to Mr. Campbell when he asked me, whether it was my ward's bill, was, "It is like his handwriting"—it was after that that the action was brought.
COURT. Q. Have you been the guardian of Mr. Clements from the time of the death of his parents? A. Yes; previously to going into the army he was with a gentleman at Liege, a sort of military academy—he had been to school before that—he has been in the habit of corresponding with me from time to time, in his boyhood, when he was at Liege and since he became an officer, not very frequently—I think Cox and Co. negotiated the purchase of the cornetcy and lieutenancy—they did so under my sanction—and when he sold out also—(Letter read) "49, Strand, Friday, to Mr. Murdock. Sir, I have taken the liberty of writing to you as Mr. Clements' guardian, to beg that I may have an immediate settlement of my claim upon that gentleman. I would not be so urgent, but have 450l. of his overdue bills, and there being another due to-morrow for 300l., which I do assure you I have not funds to meet, and as I am but a few years in business, the return of such a bill, and my inability to meet it, the consequences to me would be almost ruinous; it cannot possibly make any difference to Mr. Clements whether I am paid now or in a week hence, and to me it is a matter of vital importance. I merely ask that Mr. Clements will act as fairly by me as I did by him; begging that you will favourably consider what I have written, and that I may be favoured with an early reply; I am, Sir, your obedient servant, LEWIS JOEL."
COURT to MR. CLEMENTS. Q. Look at the signature and the body of that bill, in whose handwriting do you believe them to be? A. I have not the least idea; it certainly is not mine—the signature, "Lewis Joel" is the prisoner's writing—I never accepted a bill in blank—I never wrote my description, "Lieutenant, 13th Light Dragoons" on a blank stamp—neither that or the name are in my handwriting.
GUILTY of Uttering. Aged 25.— Transported for Ten Years.
Before Mr. Recorder.
EDWARD COBBLE . I am in the employ of William Lushy, and know the prisoner by sight. On 2nd Jan. I was at Forest-gate, cleaning the sheds—my master's cow ran into the shed, and the prisoner called out, "Boy, turn that cow out"—I said, "That is my master's cow"—he said, "If it is, I bought it at Romford to-day"—he took it away, and it got along with a drove of bullocks—he said he would go and fetch the man he bought it of—my master sent two young men after him and they caught him, and he said he was going to fetch the man from Romford—they said, "If you like to
come back we will fetch a horse and cart and take you there"—he said, "I will stop here, and yon run and fetch the horse and cart"—he was going the way to Romford—my master came up and gave him in charge—the cow could not have been to Romford, it was turned out about twenty minutes past eleven o'clock, and he hunted it into the shed between twelve and one—it is about eight miles to Romford.
Cross-examined by MR. PARRY. Q. The prisoner saw you belonged to the shed? A. Yes—the cow used to sleep there—it was her home—it was market-day, but the road the prisoner brought our cow lead from Wanstead, not from Romford—I did not see another drove of cows.
WILLIAM LUSHY . Cobble came to me—the prisoner and the man belonging to a drove of bullocks were standing together—I said, "Which is the man?"—the prisoner said, "Here am I; if you have a cow here, select it out"—I did so, and said, "This is my property"—he said he must seek the man he bought her of—I asked where he bought her, he said, "In Romford market"—I saw her safe in my place at ten o'clock that morning—she could not have gone to Romford and got sold and come back, it is fourteen miles there and back—the prisoner said he could fetch the person in a short time, and went down the road—I sent a man after him and gave him into custody.
Cross-examined. Q. Did you know him? A. No—a man might buy a cow on the road on market-day and speak of it as bought at the market—the prisoner was going on the road, and said, "I will shortly find the man I bought it of"—the moment I accosted him he said, "I am the man"—he did not claim any of the bullocks—there were no cows with them.
CHARLES SIMPSON . I saw Mr. Lushy get his cow out of the drove—I overtook the prisoner, and asked where he was going for the man—he said he was going to run to Romford—I said, "If you go back with me I will get you a horse and cart"—he said, "You go, and I will wait here till you fetch it"—I said, "No," and gave him into custody.
MR. PARRY called
JOSEPH CHAPLIN . I am the prisoner's father. On the Sunday before he was taken he called at my house—I asked him if he had change for a half-sovereign—he gave me change, and by the appearance of his purse he must have had four or five sovereigns in it—he was in business last year as a porkbutcher, at Greenwich—within the last three or four months he has been in the habit of buying beasts seven or eight at a time, and with regard to this animal he bought, he might have taken it by "The Rabbits," and it might have run along the forest, and if it belonged to Mr. Lushy it might have run round there—I know the neighbourhood perfectly well; it is a by-way from the forest—the stable is about twenty or forty yards from the road-side.
COURT. Q. Where do you live? A. At Hackney-wick; I am fifty years old—between the Sunday and the time of his apprehension he was about doing his business—I frequently saw him of a morning before I went to town, when he has been to Romford-market, bringing the things home—he went away on Wednesday morning, to the best of my knowledge, as he usually did every Wednesday, about half-past seven or eight, by the train—to the best of my knowledge, he was at Romford that day—he lives at Hackney-wick—I left home about seven or eight o'clock—my son does not live in my house but close by, and has lived there some time—he is married, and has a child—I am in the employment of Mr. Hughes, a printer, and have been so about thirty years.
WILLIAM LUSHY re-examined. My shed is in a lane leading to the high road, not 100 yards from Forest-gate—I should say about six or seven yards from the road—you get from the shed to the road through a large gate, which is open—the drove of beasts was going from Romford—they must have passed the gate leading to my shed, so that a person who had got a cow might have brought it into the lane and driven it into the herd—my shed is about a quarter of a mile from where he came to the drove of beasts—it is quite impossible that this cow had been to Romford that morning.
(The prisoner received a good character.)
GUILTY. Aged 26.—Recommended to mercy. — Confined One Year
GUILTY . Aged 17.— Confined Fourteen Days
BRIDGET LUCY GURRY . I am single, and live at East Ham. On 7th Jan. I washed my frock—I asked my sister to hang it out for me about one o'clock, and I went out to work—I came back, and missed it about half-past six—I found it about half-past seven, with the prisoner, at her sister's house—(the prisoner did not live there)—I asked her if she had the frock—she said she had not seen it—the policeman said he should search the house—the prisoner then said, "To tell you the truth, I have got it," and produced it—this is it (produced)—it is mine.
Cross-examined by MR. RIBTON. Q. What time was it you washed it? A. About eleven o'clock on 7th Jan.—the prisoner's sister lives about three minutes' walk from where I live.
CHARLES COLLIER (police-sergeant, K 30). On 7th Jan. I was on duty—the prosecutrix told me something, and I went to the house where the prisoner was—the prosecutrix said, "You have got my frock"—the prisoner said, "What frock do you mean? I have no frock"—I said I should search the house—the prisoner then said, "To tell you the truth, I have got it," and produced it.
Cross-examined. Q. Is the prisoner's sister here? A. No—she was put to bed immediately afterwards, or she would have been here.
NOT GUILTY .
Before Mr. Recorder.
366. JOSEPH PEARCE and JAMES PEARCE , feloniously shooting at Cornelius Osborne Dodd, with intent to murder him.—2nd COUNT, to do him some grievous bodily harm.—3rd COUNT, for feloniously assaulting him, with an intent to rob.
MR. COCKLE conducted the Prosecution.
CORNELIUS OSBORNE DODD . I am a farmer, of Chipping Ongar, in Essex. On Tuesday, 1st Jan., I was returning from London to my residence—I had occasion to go through Epping Forest—I saw the prisoners about three o'clock in the day, just behind the Eagle at Snaresbrook, in Wan stead parish, on the road that leads to Woodford and Chigwell—I and my wife were in a gig—Joseph came up to my horse, took hold of its head, and stopped it—I asked him his business—he came up to the side of my horse, and I said to him, "Friend, what is your business?"—Joseph said, "Your life or your money," and immediately fired a pistol—I do not know whether it was
presented at any one—he then presented another pistol to me and my wife too, and said to me, "If you don't deliver your money, I will blow your brains out"—if it had gone off, it must have hit one of us—I told him I had got no money—James said, "Be quick, and let us have your money"—I kept telling them I had got none—James then began to handle me—I saw a woman before me, and I called out lustily—James bad something black in his right band, but I only saw the head of it—when I called out to the woman, the prisoners seemed a little daunted, and Joseph told me to drive on, and if I looked back, or gave any alarm, they would blow my brains out—I drove on, and overtook the woman that I had called to—I told her what had happened, and told the police.
Joseph Pearce. Q. Did the thing that James had, hare a black top to it? A. it had a darkish top—I could not say it was black.
MARY DODD . On Thursday, 1st Jan., I was returning home with my husband, from London, in a gig—in passing through Epping Forest, I saw the prisoners—it was about three o'clock—it might be a little after—they came, took hold of the horse, and demanded our money or our life, and directly Joseph fired off a pistol by the side of me—the discharge did not come very near me—it went down the road, by my side—the pistol was pointed by my side—it could not have hit me—it was not pointed at me—we both told them we had got no money—Joseph directly held another pistol pointing to us, and demanded our money, or he would blow our brains out—I and my husband told him we had got no money, and then James came up beside my husband, took him by his coat, and began to handle him, I suppose for his money, and my husband called out—James had something in his hand, but I do not know what—he took hold of my husband's coat, and said he wanted our money or our life—we told him we bad got no money, and he told us to be off, and if we looked back, or made any alarm, he would blow our brains out—we drove off—I think they said the place where we were stopped was in Wanstead parish, but I do not know—it was a little way beyond the iron bridge.
THOMAS TWINN . On Tuesday, 1st Jan., I saw both the prisoners about twenty minutes before three o'clock, not quite a quarter of a mile from where the prosecutor was stopped—they were standing at the corner of the wood talking—they were about five yards from the wood which was behind them—I did not see them come out of the wood.
JOHN WILLIAM MANNING (police-sergeant, K 5). I received information on Wednesday, 2nd Jan.—I apprehended the prisoners, with the assistance of a constable, on Friday, the 4th, at Stratford, in Essex—I told them the charge—Joseph said, "How do you think respectable gentlemen like us could be guilty of such a thing? it touches us to the heart"—I took them to the station, searched them, and found on Joseph this life-preserver; it would break a person's skull—they said they lived in Stepney—I said, "Stepney is a large place; where there?"—they said, "Anywhere, nowhere, where you like."
CHARLES ROWBURY (policeman, K 347). I assisted Manning—on the way to the station, Joseph said, "You have no occasion to hold me so tight, I have got no pistols with me now"—pistols had not been mentioned; nothing had passed to which that observation might apply—we did not go into the particulars of the charge, only told them we were going to take them in charge on suspicion of stopping a party on Epping Forest; not for firing a pistol—I searched Joseph, and found on him a duplicate for a waistcoat, and
one of a pair of pistols, pawned on 2nd Jan., in the name of Joseph Pearce, in the Commercial-road—I found on him a flask, with some gunpowder in it, a box of percussion-caps, and six leaden pistol bullets.
Joseph Pearce. I did not say I had no pistols; I said, "I am not going to shoot you."Witness. You said you had got no pistols.
HAROLD WINGFIELD . I live with Mr. Walker, a pawnbroker, of Waterlooterrace, Commercial-road. I produce this pair of pistols, which I took in pledge on 2nd Jan. of the prisoner Joseph—this is the duplicate that was given for them; I have the counterpart of it—these are the balls of these pistols; the pistols do not unscrew—I believe there is a ram-rod to them; it is not with them now.
(The prisoners' statements before the Magistrate were read as follows;)
Joseph Pearce saith, "What the police-constable says about the pistols is false; what I said was, 'Don't hold me so tight, I am not going to shoot you;' on the day the robbery was committed, I was at Highgate." James Pearce saith, "On the day the robbery was committed, I was with Joseph Pearce at Highgate."
JOSEPH PEARCE—Aged 18.
JAMES PEARCE—Aged 16.
GUILTY on3rd COUNT.
Transported for Fifteen Years.
Transported for Ten Years.
WHITTLE pleaded GUILTY .
THOMAS SHEPHARD . I am waiter to Henry Edwin Jaggers, who keeps the Queen Victoria, at Woolwich. These two pots are my master's—I saw them safe on the Sunday before Christmas-day—I missed them on the Monday morning—my master's name is on them.
WILLIAM GLADWIN (policeman). On Sunday evening, 23rd December, I saw the prisoners standing against Mr. Jagger's door—Whittle took a pint pot and put it under his coat—I knew them, and had seen them together for an hour previous—I followed them, and took the pot from Whittle's coat, and another from his pocket—I asked how they became possessed of them—they made me no answer, but told me to put them out of sight.
JOHNSON— NOT GUILTY .
WILLIAM MONK . I keep a beer-shop at Woolwich. These two pots are mine—they have Mr. Collin's name on them; I took the business of him—they were safe at half-past seven on Sunday night, 23rd Dec.—I missed them about five minutes afterwards.
WILLIAM GLADWIN (policeman). I saw the prisoners on that Sunday evening, about half-past seven, about ten yards from Mr. Monk's house—they went to a waste piece of ground, and then went on—I followed and took them—I then went to the place where I had seen them go, and found these two pots.
Johnson's Defence. I don't know this prisoner, and I know nothing about the pots.
WHITTLE— GUILTY . Aged 26.
JOHNSON— GUILTY . Aged 22.
Confined Four Months.
ERNEST CHERRITT (police-sergeant, R 47). On 19th Dec. I saw the prisoner in Trafalgar-road, Greenwich, between seven and nine in the evening, with something bulky under his arm—I asked what he had got—he said, some old iron he had picked up on the shore—I took him to the station, and found he had this iron and steel.
JOHN CHILD . I live in Bridge-place, Greenwich, and am clerk to Mr. William Joyce. The prisoner was in his service—he worked on 19th Dec. till eight in the evening—I have seen the iron and steel; I examined it before the Magistrate—I can tell that one portion of it belongs to Mr. Joyce—he has no partner—he trades under the name of "William Joyce and Co.," but it is his personal property—we had considered the prisoner a confidential man.
WILLIAM CANT . I am a smith in the service of Mr. Joyce. The prisoner worked in the engineers' factory—this iron is a piece which I cat off a shaft on the morning of 19th Dec., and it was lying in our yard—I saw this steel about three weeks previous to 19th Dec.—it is the property of my employer.
Prisoner's Defence. I picked this iron up by the Thames' side.
GUILTY. Aged 30.—Recommended to mercy by the Jury— Confined Four Months.
RICHARD JAMES JOHNSON . I am a plumber and glazier, of Woolwich. I had some lead in my yard, in front of my shop—on 17th Dec, between eleven and twelve at night, I was watching from my bed-room window, and saw the prisoner—I had seen him about three quarters of an hour before, as I was coming home from Plumstead—he was staggering as though he were drunk—it was a lightish night, and there was a lamp opposite—he was about three yards from the lead—I saw him go to the lead, unroll it, draw something across it, and rip some of it up—I ran down as fast as I could, and took him by the collar, within about four yards of the place—he pretended to be very drunk, and asked what I was going to do with him—he threw a knife down—a man was coming by, and I sent him for a policeman—the prisoner attempted to get away, but I still held him.
Prisoner. Q. In what position were you standing at your window? A. With the blind in my hand, and looking through.
DAVID SIMPER (policeman, R 310). I was sent for, and found the prosecutor and the prisoner—I made a search, and found this piece of lead, four or five yards from the roll—it appeared to have been just cut off quite fresh—I found a knife lying in the gutter.
GUILTY . Aged 18.— Confined Six Months
Before Mr. Recorder.
by some palings which were broken down, a quarter of a mile from the prosecutor's house—he had something under his arm—I asked where he got it—he said, "It is not mine; it is my mate's; there is my mate lying there," pointing to the palings—I turned my light there, and there was no one there—the prisoner ran away—I caught him, and took him to the station—the paling must have been broken for mischief—he was the worse for drink.
JOHN HIGDEN THORNHILL . I am a tailor, of 195, Eveland-street, St. Nicholas, Deptford. On the morning of 15th Dec., before daylight, I was called up by the police, and found the front shutter forced from its place—I missed a coat worth 30s.—this is it (produced)—the shop was safe at ten o'clock at night—I have known the prisoner some years about the neighbourhood.
GEORGE JEFFERY ADMUNDS (policeman, P 51). I was on duty in Eveland-street, Deptford, about one in the morning, and saw the prisoner come up to Mr. Thornhill's house, and then go towards his own home—I went and found the shutter down and the window broken—the prisoner must have gone back to get to Victoria-road, where he was found—the Magistrate gave the prisoner ten days for breaking the paling.
Prisoner. I had drunk so much spirits I do not believe I could walk from the public-house to the prosecutor's.
GUILTY . Aged 28.— Confined One Year.
372. BENJAMIN JAMES and JAMES FRENCH , burglariously breaking and entering the dwelling-house of Robert Kennedy, and stealing 600 pence, 600 halfpence, and 143 farthings, his moneys: French having been before convicted: to which
JAMES pleaded GUILTY . Aged 18.—Received a good character, and recommended
to mercy by the Prosecutor.— Confined Twelve Months
MR. PARNELL conducted the Prosecution.
ROBERT KENNEDY . I am a stationer at Blackheath-hill, in the parish of St. Alphage, Greenwich; sometimes it is called Greenwich parish. On 10th Dec., I shut up my shop at ten minutes past ten—a back door leads from the passage into the yard—I shut that and latched it, and pushed the bolt, but am not sure it went into the socket—if it was not bolted, any one could open it from the outside by lifting up the latch—the back parlour window was shut—I came down next morning about twenty minutes past seven, and found the back door, and back parlour window open—there was a desk in the parlour, where there was copper money the day before to the value of 3l. 18s., done up in newspaper placards in 5s. packages, and there were three 1s. packages of farthings—the prisoner James was in the service of my next door neighbour—I believe all these packets of coppers (produced) are mine, and I can swear to one.
Cross-examined by MR. ROBINSON. Q. How do you know that to be yours? A. It is packed up in a bill of a Satirist newspaper; I made an observation to myself at the time, that I did not have the paper, but they sent me down a showbill—the next door yard adjoins mine—I swear I pushed the bolt, the window was not fastened—I was not before this affair in the habit of going round every night, I did go that evening—I always shut the doors before I go up to bed.
MARTHA SMITH . My husband keeps a coffee-shop in Church-street, Greenwich. I recollect seeing the prisoners there on the morning of the 11th Dec.—I did not take particular notice of the time, but I consider it was
between two or three o'clock—they were in company together—they had something, I do not know what, but they paid for it principally in farthings—I had from 15d. to 18d. in farthings—I received some of it from French, and some from my waiter Giles—I gave a 1s. for a packet of farthings, wrapped up in newspaper I think—I do not know whether I gave it to the waiter or French—I do not know what became of the paper.
Cross-examined. Q. Will you swear French gave you any farthings? Yes; James was with him, no one else.
ANDREW GILES . I am waiter to the last witness. I recollect the prisoners coming there together on the morning of 11th Dec.—they had some coffee, and afterwards some tea, it came to about 15d.—they each paid an equal share, and both paid in farthings—French asked if Mrs. Smith wanted any farthings—I said I did not know, I would ask her—I asked, came back, and told him she would take a 1s. worth, and he gave them to me wrapped up in a newspaper—I gave them to Mrs. Smith, and she gave them 1s.—an observation was made by somebody about his having so many farthings, and French said, "We made them, paper and all."
Cross-examined. Q. Were they alone? A. There were several more in the house; I did not notice who was with them—the prisoners seemed to be in their own company together—Morris and another young man were there, but the prisoners came in after them—I did not receive any payment from Morris in farthings—my mistress did in my presence.
WILLIAM MORRIS . I am a fly-driver. I was at Mrs. Smith's coffee-house, and saw the two prisoners come into the room where I and another young man were—I had not seen them before—they had some toast and tea—I said I was going down to settle for what we had had, and they gave me some farthings to pay for what they had had—I paid Mrs. Smith 6d. for one, and 4d. for the other.
Cross-examined. Q. Were you driving your fly that night? A. Yes; I had just put in, and then went to the coffee-shop.
ROBERT TURHAM . I am barman to Mr. Potter, of the Eight Bells, Greenwich. On 11th Dec., between five and six o'clock in the morning, I saw French at our house—he had a pot of porter, and paid for it in copper—he asked me to change 5s. worth of coppers—I said I could not, as I had not sufficient—he afterwards called for a quartern of gin, which came to 4d.—he paid for it in farthings.
JOHN WHITE (policeman, R 108). On Thursday, about eleven o'clock in the morning, I went to Mr. Clogg's shop where James works, and in the hay loft I found these four packages all containing copper (produced).
JAMES WILLIAM CROUCH (policeman, R 361). I took James into cuts tody on the Thursday morning, about nine o'clock, at North Woolwich, six or seven miles from Greenwich—I told him I wanted him for robbing Mr. Kennedy in company with another—he denied it—I asked where he was on Tuesday morning—he said at home—I took him to the station, brought French out, and asked James if he was the man—he said, "Yes"—I asked what French received—James said six packages for his share, which French did not deny.
JAMES KNIGHT (policeman, R 308). I produce a certificate of French's conviction—(read—Convicted Dec., 1848, and confined three months)—I was present. FRENCH— GUILTY . Aged 20.— Transported for Seven Years
Before Mr. Recorder.
JAMES CHAPPELL PYNE . I keep a house in Devonshire-terrace, Kennington-road, in the parish of Lambeth; the prisoner came into my service on 12th Nov. On 9th Dec., the last thing at night, I placed a watch worth 6l. 10s. in her hands, to enable her to call some gentlemen lodging with me—I got up next morning about a quarter-past seven o'clock, and missed her and the watch, and a quart decanter—I would not have sold the watch for any money—I have not seen it since—the prisoner was taken about eight days afterwards—four gentlemen and a lady lodged in the house—none of them were in rooms adjoining the prisoner; none of them got up till after she was gone—she slept in a kitchen; she always locked the door at night—she had not said she was dissatisfied with the place, nothing was owing to her.
Prisoner's Defence. I went out at a quarter to seven o'clock, to go to Gravesend with a friend, and left the watch in a saucer on the dresser; I never saw the wine; the decanter was there on Sunday morning.
GUILTY . Aged 21.— Confined Six Months.
GUILTY . Aged 18.— Confined One Month.
WILLIAM POLE . I am shopman to Thomas Borer, a grocer, of the Black-friars-road. The prisoner was in his employ; it was part of his duty to receive money over the counter, which he should deposit in the till—I watched him receive 2s. for goods; he gave a halfpenny change, took up the 2s., and kept it in his hand—he ought to have put it into the till—he commenced serving another customer—I went up, and said, "What is that you have in your hand?"—he answered, "Nothing"—I said, "You have something in your hand, what is it?"—he said, "No, I have not"—I said, "You have received money from a customer, which you have not put into the till"—he said, "Here it is," and thrust it into my hand—I called my master—the prisoner appeared very much confused, and begged Mr. Borer to look over it, as it was the first thing he had attempted of the kind, and he did not know what possessed him then—I went for a policeman, who searched the prisoner's box, and I saw this parcel of tea found—he had been sifting tea that morning; this tea corresponds with it; the paper and string are the same that I use.
Prisoner's Defence. My master gave me a glass of rum, which quite stupified me, and I kept the 2s. in my hand while I served another customer—it was my intention to put it into the till with the next money I received.
NOT GUILTY .
RICHARD HENRY GREEN . On Wednesday night, 26th Dec., between ten o'clock and half-past, I was walking in the Albany-road, and met Beadle—I cannot exactly say whether she began the conversation or I, but she asked me to give her some drink—I gave her a threepenny-piece—she would not go into a public-house to get anything, because I would not go in—she asked if I was going to give her anything else, and I gave her two fourpenny-pieces—she walked by my side, and I crossed the road with her, and I had scarcely got to the opposite side, when two men rushed out upon me from a dark turning—I believe Turner to be one of them, from his stature and dress, but I did not see his features—the one I believe to be Turner thrust me violently against the wall—they laid hold of my arms—the other bad the handle of a stick, and I felt at that time a touch at my right hand waistcoat pocket; the woman was near me at the time—I cannot exactly describe the position in which they were, it was done too quickly—I am quite positive of Beadle; she ran away while the men held me, after I felt the touch at my pocket—they held me for about two minutes—after they let me go, I missed a half-crown out of my right waistcoat pocket—I know it was there when I gave Beadle the two fourpenny-pieces, not above a minute before.
Beadle. Q. Had you a stick in your hand? A. Yes; I did not ask you if you would take anything to drink—you walked with me to a yard—when I gave you the two fourpenny-pieces you did not say you would not stop with me for that—I did not say I would have the money back, or I would strike you; there was not time for me to do so.
Turner. Q. What was the reason you ran across the road with your stick up? A. I did not; I do not recollect your coming up and saying, "Don't strike a female"—she did not run away till you had knocked me against the wall.
WILLIAM MAIDMENT . I live in the Albany-road. I was standing there for a few minutes on the night in question, and saw the prosecutor cross the road with Beadle—he had no sooner got on the path, than Turner struck him with great violence against the wall; I am sure it was he; it was done close to the lamp-post—there was another young man there—they held the prosecutor for a few minutes, and he instantly hallooed "Police!" and they both ran away—I did not see what Beadle did; she was by when the men held him.
Beadle. Q. Did not he say he was going to strike me, because I ran away with his two fourpenny-bits? A. No; Turner said to him, "Don't strike a female," and he said, "I am not going to"—he only put up his stick to save himself, and he had no sooner got his stick up than he was thrown, with great violence, against the wall.
seven, I found the prisoners in bed together, at 25, North-street, Lock's fields—I told them they were charged with robbing a gentleman of half-a-crown—they said they knew nothing about it—I had seen them together the night before, about ten minutes previous to my receiving the information, and Turner's father and mother with them.
JAMES HUNTLEY (policeman, P 332). I heard the cry of "Police!" this night—I ran, but found no one—I had seen the prisoners together, about ten minutes before, in front of the public-house, near where the robbery happened.
GEORGE QUINNEAR (police-sergeant P 1). I produce a certificate—(read—Mary Beadle, convicted March, 1848, of larceny, from the person, and confined six months)—I was present at the trial—she is the person.
BEADLE— GUILTY . Aged 19.
TURNER— GUILTY . Aged 21.
Transported for seven Years.
GUILTY . Aged 29.—Recommended to mercy by the Prosecutor.— Confined
(There was another indictment against the prisoner.)
MR. PAYNE conducted the Prosecution.
CHARLES CAIN . I am a market-gardener, and live at Mortlake. On Sunday; 16th Dec, a little before ten o'clock, I received this letter—(read—addressed, "Mr. C. Cain, cow-keeper, East Sheen, Surrey. Dec. 15,1849. Sir,—If it be convenient and agreeable to you, I will beg the favour of you to lend me the sum of 3l., and likewise a further sum of 2l. for my companions, 1l. each, who are bent on your ruin unless you comply with our request; for we intend splitting on you buying corn of Barclay and Perkins's men, when they were drawing turf from the New-road. The 3l. will be returned the 19th Jan.; if you will lend it me, I will return it personally: if not, either let me have a note to what terms you mean to come. It is not six months since a man was transported for a much less quantity than you have received. Bury the money, or a note, by the common gate adjoining Pocock's Meadow, close to the gate-post; where the sappers and miners have cut across. It must be there by ten o'clock on Sunday morning. We are your humble servants, G.H., J.M. G.W.'s mark x.")—I immediately went to Sergeant Finlayson, and asked his advice—he wrote me a letter, of which this is a copy (produced)—it being over the time on that morning, he advised me to bury it, according to the instructions, on the Monday—I put three farthings in the letter, and buried it at the place I was told to do so—I am quite satisfied no one saw me bury it—I returned about one o'clock, and found it in an undisturbed state—I walked down the Richmond-road a little distance, and then met Holland, who was watching it—in consequence of what passed with Holland, I went and took the farthings out, and deposited the letter again in the same place—no one was near at the time—I went again the following morning, found the hole disturbed, and the letter gone—on the Thursday after, by the twelve o'clock post, I received this second letter—(read—" Dec. 19. Six,—As we have not received the money or note, we take the trouble of writing to you again. We all came down on Sunday morning, and stayed till nine at night; but you neither placed the money or a note. If you think that place not safe,
place it by that little gate opposite the lane, the Richmond side of the Five Awls; you will find a piece cut off one of the posts; we mean a narrow place leading to the railroad. It cost us 8s. coming on Sunday; you must, therefore, put the money or the note on Thursday evening, or early on Friday morning, so as we may know what to do; for we intend giving information at the firm on Monday, where we shall get 5l., and our expenses paid. If it cost us any more coming down, we shall expect it from you. We remain, your humble servants (not signed). You will get off so cheap with them.")—I do not know the writing of either of the letters—I inclosed that letter, with a note, to Sergeant Finlayson—two officers came to me, and, by their advice, I marked five farthings, folded them each up in paper, and sealed them with wax—I then folded all five in a sheet of writing-paper, and secured the folds and ends—I wrote outside, "To be left till called for," and under that, "Police"—in the morning, at a little before six, I went and put it in the place described in the second letter, by the gate under the post that had the notch on—it was impossible to mistake the place—I made a hole, and buried it four inches under ground, returned the mould on it, put my foot on it, and went away—I am quite sure no one saw me do it—it is a place by the high-road side—about eight o'clock I drove my cart round that way, looked at the place, and saw it was undisturbed—I returned again about ten o'clock, found the place open, and the packet gone.
JAMES LINE (policeman, V 282). In consequence of a communication, on 21st Dec, about eight o'clock in the morning, I went to Sheen, and went to a part where I could see the post described in the second letter—I concealed myself where I had a clear view of the place—I saw Mr. Cain go by with his horse and cart, and several other people—about ten, I saw the prisoner coming up the road from Richmond—he came to the corner of Blind-lane, made a stop, and looked about him, directly opposite the post—he then turned up Blind-lane, and passed very close to me, which enabled me to have a clear view of his features—he stayed up the lane four or five minutes, out of my sight, and then returned again to the main road—he then crossed over to where the post was, looked down at the bottom of the post, and bent himself a little down—he then went down Forty-alley, (which leads from the post,) about 150 or 200 yards—he then came to the top of the alley, and stood at the side of the post, looking about him again—he then bent himself down, and with his righthand raked the mould away from the bottom of the post—he took something out that appeared to me like paper—it was white, he put it into his righthand pocket, and turned down the alley again—I gave Holland, who was at some distance from me, a signal to go and see if the letter was gone, and I kept sight of the prisoner—as he was going down the lane, I saw him move his hand, as if throwing something away—Holland got a-head of me, and I saw him stop the prisoner—we then returned together, and near the place where I saw him make the motion, I found these pieces of paper(produced), which have the appearance as if coin had been folded in them—I took the prisoner to Mr. Cain, and then to the Richmond station—when I went on watch, I examined the place—there was nothing to attract the attention of a person who did not know anything beforehand—no one disturbed the place before the prisoner came—I never lost sight of the place all the time.
JOHN HOLLAND (policeman, V 102). On the Thursday evening, I saw Mr. Cain mark five farthings, and place them in five pieces of paper—these produced arc the same pieces—I saw him write on the outside, To be left till called for—Police"—I saw the prisoner at the post, and saw him stoop, but
could not see whether he took anything away—he then went down Forty-lane—I followed him some distance, stopped him, and said, "You are the man I want"—he said, "I know what you want me for, you want that letter"—I asked what he had done with it—he said he tore it to pieces and threw it away—I asked what he did with the money—he said he threw them away—I asked why he did not keep the money—he said he did not think the farthings worth keeping—I took him back to the spot—I found this paper, which is part of that which was deposited by the post—the farthings were gone—we took him to Mr. Cain, and then to the Richmond station.
Prisoner. Q. Did you stop me? A. Yes; you did not stop first, and I come up to you—you told me you threw the farthings away with the paper—I have looked since, and have not been able to find the farthings.
Prisoner's Defence. I saw as if the ground had been moved, and thought I would see if anything was buried; I kicked the dirt, and saw a little piece of paper sealed up; I thought some one had done it in a game, and I threw it away.
GUILTY . Aged 24.— Confined Twelve Months.
(He received a good character, and a former master promised to employ him.)
Aged 18.— Confined Eight Days
MICHAEL HILDER . I live in Bermondsey-street. This looking-glass is mine. I can swear to it by the pattern, and this mark on the front of it—it was safe in my shop on 15th Dec., about three minutes before I lost it—the policeman brought it back with the two prisoners.
JOHN SQUIRE (policeman, 134 M). On 15th Dec., I saw the prisoners in the Borough, near St. George's Church, with another person, about five o'clock—I then lost them for a little while, and then met them together in Bermondsey-street—I followed them, and saw Edward take the looking-glass off a table in front of the prosecutor's shop—the other stood by his side and covered him—they walked away together—I followed him, and took Edward, with the glass, and the other, but the other got away—George was close to them—my brother officer took him.
THOMAS RICHARDS (policeman, M 44). I took George Smith—Edward was as close to him as he is now—I had seen them together before, in High-Street, Borough, and then in Bermondsey-street—I saw Edward take something off a table, but was not close enough to see what—the third man escaped.
GEORGE SMITH— GUILTY . Aged 18.— Confined Twelve Months.
WILLIAM COPE . I live in the Commercial-road. It is my dwelling-house, and is in the parish of St. Mary, Lambeth—at a quarter before two o'clock in the morning of 17th Dec. my wife awoke me—I got out of bed, opened
my bedroom-door, and ran to the staircase—I saw the staircase-window open—I rose on the cill of the window, looked out, and saw one man rising up to get over the fence of my yard—he jumped into the adjoining yard—he had no sooner done that than a second person rose—I called out, "Police, police! thieves!" and hastened down to the side door, which is under a gateway, and heard a crash, where they jumped from a shed to a little wood-house—I called out, "To Druce's-court!"—I saw a policeman and another man, and they hastened to that part—I went afterwards into my yard, and found a pair of shoes, one of them was full of water—they were not mine, nor any one's belonging to my premises, and they had not been there at half-past eleven at night—I had seen the staircase-window down at a quarter before twelve, when I went to my bed—the yard next to mine is a stable-yard, and it joins to the saw-mills—a person could get to my premises by climbing up a fence, and from there on to a roof at the back of my house they could get up to the staircase-window, and raise it up—there was the print of corduroy-trowsers on the slates and on the wall, which was not there when I went to bed, as I had a light with me.
WILLIAM PUCKNELL . I live in the Commercial-road. About two o'clock in the morning of 17th Dec. I was in bed—I heard a cry, got up, put up my window, looked out, and saw James Welch get on the slates, and on the roof of Mr. Alcock's saw-mills, without his shoes—I did not know him before—I know it was him—about an hour afterwards I went with the policeman, and found Welch in a timber-yard adjoining Mr. Alcock's—he was not doing anything—he was down by the lower end—he had neither shoes nor stockings on—he had corduroy-trowsers.
Welch. Q. Do you swear you saw me out of your window, fifteen yards off? A. No, it was about ten yards off—there was no rain when I saw you—it was a light morning.
JOHN BLAKE (policeman, L 176). I was on duty in the Commercial-road, and heard "Police!" cried—I went to a timber-yard next to Mr. Alcock's premises, and after searching about an hour, found Welch coming from a door leading to some saw-mills—I asked how he came there—he said he got in about six o'clock in the evening, to sleep, as he had no money to pay his lodging—he had no shoes nor stockings on—I asked what had become of them—he said he went into a coffee-shop, and went to sleep, and they were taken from his feet—I slightly searched him, and found on him two half-crowns, a shilling, and 7 3/4d. in coppers—he had cord-trowsers on, which were wet and dirty—I took him round to Mr. Cope's, and saw the print of cord-trowsers on the wall inside the house—I took him to the station, took the trowsers back, and compared them with the marks on the wall—I received these shoes from Mr. Cope, took them to the station, and asked Welch to fit them on—he refused to do so.
JAMES CARTER . I live in Thomas-street, Stamford-street, and work for Mr. Alcock. About half-past seven o'clock that morning I was in the loft—I heard a dog bark—I looked behind the clover, and found Crawley—I called for assistance—the policeman came, and he was given into custody.
JOHN HUSBAND ROW (policeman, L 67). I was in the next yard to Mr. Alcock's—I heard Carter call out, "Here he is, policeman!"—I went, and took Crawley—he held up his hat, and dropped out this piece of candle.
Welch's Defence. I was rather in liquor; I had lost my shoes in a coffee-shop; I saw this gateway open, and went in; I was ashamed to go home without my shoes; I meant to buy a pair in the morning.
Crawley'e Defence. I was houseless, and went there to sleep.
WELCH— GUILTY . Aged 19.— Confined Twelve Months .
CRAWLEY— NOT GUILTY .
NOT GUILTY .
MR. SCRIVEN conducted the Prosecution.
ELIZA PLACHECKI . I keep a coal-shed. On the 2nd Dec., the prisoner came for 14lbs. of coals, which came to 2d.—he gave me a bad half-crown—I gave him 2s. 4d. change, and he left—I put it into my pocket—I had no other half-crown there—I took it out in about ten minutes, and found it was bad—I saw the prisoner shortly afterwards at the corner of the street—I went to him and said, "You have given me a bad half-crown;" he said he had not—I said, "I am sure you have, and I gave you 2s. 4d. change"—he said he had not given it me, and had never been in the shop—I have not the least doubt he is the man—I said I would follow him—he said he would go to the station with me, if I would let him go home first—I said, "No, you shall not go home"—I let him go, and when he got to the corner of the street he ran away—I saw no more of him that night—I gave the half-crown to Mr. Coombs at the station—he gave it me to mark—I marked it, and gave it him back—I am sure it was the same—on 6th Dec. I saw the prisoner again, and gave him into custody—I have not the least doubt he is the same person.
WILLIAM COOMBS (police-sergeant, L 94). I received a half-crown from Plachecki on 2nd Dec., at the station—I made her mark it in my presence—I wrapped it in a bit of paper, and put it into my waistcoat-pocket—I gave it to Steers on the night he brought the prisoner to the station.
WILLIAM BOOTH . I am a fishmonger. On 15th Dec. a person, who I believe was the prisoner, came to my shop for some plaice—he gave me a crown—Robert Julian was talking to me—I gave him the crown, and asked if he thought it was good—he gave it me back, and said he thought it was—I put it into my pocket, and gave the person change—I had no other crown in my pocket—in eight or ten minutes I took it out of my pocket again, and gave it to Henry George to pay for some meat—he took it to the butcher's, and soon brought it back, and said something to me—I took it in-doors and showed it to my mother—I saw her place it on a shelf in the cupboard—it never went out of my sight—I gave it to the police-sergeant on the Monday night—I took it off the shelf—on Monday evening, 17th Dec., the prisoner came to my shop for some fish—it came to 1s. 1d.—he offered me a half-crown—I said it was bad—I took him by the collar, and gave him to the policeman—he said he got the half-crown from a person at 7, White Horse-street, and if I would go with him he would show me the person—I marked the half-crown, and gave it to the same officer.
ROBERT JULIAN . I was at Booth's shop on 15th Dec., and saw the prisoner there—he came about twenty minutes past ten o'clock for some plaice—he gave a crown-piece to pay for it—Booth gave it into my hand, and asked if it was good—I said I thought it was, and gave it back to him.
HENRY GEORGE . I am in the employ of Mr. Booth. On Saturday, 15th Dec., I went with a crown-piece he gave me to a butcher's to pay for some meat—it was refused—I brought it back to my master directly, and gave, it him.
RICHARD TOURLE (policeman, L 163). I took the prisoner, and received this half-crown from Mr. Booth—I received this crown-piece from the police-sergeant—I have had them ever since—I found on the prisoner only a duplicate.
Prisoner's Defence. I was not in the shop on the Saturday night, and did not pass the 5s.-piece; I had the half-crown in my hand, which I took in White Horse-street, but did not know it was bad.
GUILTY . Aged 19.— Confined Six Months :
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
CHRISTOPHER WILCOX . I am assistant to Mr. Tokens, of the White Hart, at Barnes. On Sunday, 16th Nov., the prisoner came to the bar at half-past ten o'clock in the evening, for a pint of sixpenny-ale—he gave me a half-crown—I placed it in a bowl in the till—there were three other half-crowns there—I placed the one the prisoner gave me on them—in a minute, or a minute and a half, Mr. Tokens came to the till—I had not shut it—as soon as the prisoner saw that, he put down the pot and ran out of the house—I took the half-crown from the bowl—I am certain it was the one I took from the prisoner—it was bad—I saw the prisoner again on the Thursday following at the police-court, in custody—I had put the half-crown in a desk, and afterwards gave it to the policeman.
BETSY DAVIES . I am landlady of the Queen's Head, at Mortlake. On 18th Dec. the prisoner came to my house for a pint of beer—he gave me a shilling—I asked if it was good, he said, "Yes"—I found it was bad—he asked me to give it him again, I would not—he remained in my house about twenty minutes, and then went away without his change—I nailed the shilling on the bar-door, the policeman took it off.
MARY COOPER . I live with my grandmother, Mrs. Cooper, in Kew-road, Richmond—she keeps a little sweet-stuff shop, and sells apples—on 18th Dec. the prisoner came for a pennyworth of apples—he gave me a half-crown; I left the shop and took it to Mr. Springett's, to get change—I brought back the change, and gave him 2s. 5d.—on the same night Mr. Springett brought back the half-crown—I marked it, and gave it to the policeman—I saw the prisoner the next day passing the door—he was given in charge about half an hour afterwards.
ISAAC SPRINGETT . On 18th Dec. Mary Cooper came to me with a half-crown—I gave her change for it, and laid it in a division of the till, where there was no other money—soon afterwards I examined it, and found it was bad—my wife took it to Mrs. Cooper, and brought it back again—I afterwards saw Mrs. Cooper, and gave her the same half-crown—I have seen it since in Juke's possession.
MRS. SPRINGETT. I am the wife of Isaac Springett. On 18th Dec. I found a half-crown in the till—I took it to Mary Cooper's, brought it back, and put it into a side-drawer—no one had access to that drawer but my husband and myself—it was taken out the next day by my husband, given to Mary Cooper, and marked.
GUILTY . Aged 21.— Confined Twelve Months .
385. JAMES COLLINS , stealing 2 pewter pots, value 2s.; the goods of Francis Finch: 1 pewter pot, 1s.; the goods of Richard Reeks: 1 pewter pot, 1s.; the goods of Joseph Sims: and 1 pewter pot, 1s.; the goods of George Edward Growcutt: to which he pleaded
GUILTY . Aged 25.— Confined Six Months.
GUILTY . Aged 21.— Confined Six Months.
Before Mr. Recorder.
WILLIAM TOWNSEND . I live at Battersea, and am a shoemaker—the prisoner worked for me, and had been lodging with me a week—he slept in the opposite room to us, up-stairs—between three and four o'clock in the morning of 7th Jan. I heard a noise in the kitchen, opened the door, and called "Roberts!"—he said, "Yes, Sir"—I asked what time it was—he said, "Past six"—I thought he was going to light the fire, as he had done before—I went to bed again—I still heard a noise—I got up, and said, "Roberts, are you off?"—he said, "Yes," and ran off with a bag in his hand—I got on a few things, and went after him—I gave notice to the constable—I afterwards saw the constable in possession of these boots and other articles, and claimed them as mine—some were missed from the front-kitchen and some from the back—these are articles which I used in my trade—they were lost from the place where I and the prisoner worked.
JAMES STEDMAN (policeman, V 317). I stopped the prisoner, about half-past four that morning—I found on him these Wellington boots, these legs, and quarters, and other things, and a quantity of his own tools.
Prisoner. When I first went to work for Mr. Townsend, he could not give me full employ; he said many times he would make it up to me; when he was going to move his goods I did all I could for him, and he said he would make it up to me; I saw there was no prospect of getting money to go home with; I thought of taking my own tools; I thought the things I took were of no value; I bad no food for two days.
WILLIAM TOWNSEND re-examined. He had been drunk the last fortnight—on the Friday evening I sent him on some errand, and he took two pairs of children's shoes and pawned them—he was drunk on the Christmas week, and ever since, except two days—I went to get him out of the public-house, and gave him tea and dinner, and he would not work—I did not undertake to maintain him—he has been working for me about two months—he earned perhaps 11s. or 12s. a week—I paid him all that was due to him, and gave him a great deal of help beside—I asked the Magistrates to deal leniently with him—I did all I could for him—I did not want him to come here.
GUILTY of Stealing only. Aged 62.—Recommended to mercy by the Jury.—
Confined Six Weeks.
MR. PARNELL conducted the Prosecution.
JOHN CAMPBELL NELSON . I live at 20, Church-street, Old Kent-road, in the parish of St. Giles', Camber well—the prisoner was in my service for a little more than two weeks—I received her from her father and mother, but she had been in service before—we had a good character with her—on 27th Dec., about four o'clock in the afternoon, I was fetched by my daughter, Frances Sarah, from the parlour to the kitchen—it was scarcely light, but there were no candles lighted—when I got to the kitchen I went to the coal cellar, and found it in a blaze, the roof of the cellar is the floor of the passage—coals and turf were kept there, and shavings, and wood in a box—the flames were proceeding from the box where the shavings and wood were; I got some water and extinguished it—I then returned to the parlour—my wife and daughter were in the parlour with me; and in about an hour afterwards, between five and six, a lady came to tea—we were sitting at tea, and I heard a noise like a candlestick fall—it seemed to be on the stairs, as if a person coming down-stairs had let something drop—my wife went up-stairs, and cried out that the top of the house was on fire—the lady who came to tea (who lived next door) went in for her brother—I went up-stairs and called for water—I cannot tell who brought it, I was in such confusion—when I got to the top floor I attempted to go in the front room, but I could not, the smoke was so dense—I went up twice—some dresses were hanging on a rail against the wall, and a curtain drawn before them—they were on fire, and that fire had communicated to the hand-rail, ballustrade, and landing—there are two rooms on the floor; one of them the prisoner occupied—some water was brought, and in about a quarter of an hour we extinguished the fire—I had no idea that it had extended any further, but I went in the room and found the roof-curtain of a camp bed had been set on fire, and was burnt out—it was calico, and was burnt about four feet square—the foot curtain and the rail of the bed had been ignited—I examined the floor of the landing; it was burnt about a yard square, and some part of it was quite burnt through to the joists—we could not find the prisoner when we were extinguishing the fire—after we had extinguished it I went down in the kitchen and found her whining—I asked her how she could commit such a diabolical act—she said, "I did not do it; you did not see me do it"—I gave her in custody next morning.
Cross-examined by MR. COCKLE. Q. Do you know her age? A. She was asked her age at the police-court, and said she would be fourteen at Easter—we had a very good character with her—it was what we call the top landing that was burnt—the floor was burnt and the ballustrade, which is part of the staircase—I could form no judgment whether any of the things had fallen so as to cause the fire—the remnants of the things were lying on the landing—parts of dresses were lying not consumed—there were more things than the dresses—there was a small desk and a curtain—I should think it was not a separate act to set the floor on fire, but it took fire from the dresses.
SAMUEL TERRY (policeman, P 360). I was called, and examined the cellar—the top was black, and the floor of the landing was burnt through—I told the prisoner I was going to take her in charge for setting fire to her master's house—she said, "I did not do it"—I conveyed her to the station and from there to the police-court; some persons followed, and a man asked
her what she did such a thing as that for—she said, "I don't like to be out at service; I wanted to get out of service to get home."
FRANCES SARAH NELSON . I am the prosecutor's daughter. On Thursday evening, 27th Dec., I was up-stain, about four o'clock—I smelt wood burning—in consequence of that I went down—there was no one in the kitchen—the back door was open—I opened the cellar door; I saw smoke, and went and told my father—my father and mother and myself were in the house, and the prisoner—about an hour afterwards I was at tea with my father and mother—I heard something like a candlestick fall on the stairs—my mother went up and gave an alarm—next day I found that nearly all my dresses had been burnt on the landing, and part of my sister's—I had had no quarrel with the prisoner nor had my sister—I went down to the kitchen after the fire was out, and saw the prisoner there—I do not know whether my father was in the kitchen then—the prisoner stood crying—I said, "Why did you set the house on fire?"—she said she did not do it; she had not been up-stairs—I went up with a pail of water—I had not been up before since three o'clock—my mother is not here—I do not think she had been upstairs—she had had no light up-stairs—she seldom goes up—her room is on the first-floor—I know she had not been out of the parlour after five—she was sitting at tea.
Cross-examined. Q. How does the house open? A. With a lock—when I first smelt the fire, I was up-stairs putting up the short blinds to the windows in my mother's room—it was getting dark.
COURT. Q. Could any body see without the use of a light, where these dresses were, behind the curtain? A. Yes, at that time—there is a stair-window—it is not close to where the dresses hung—I was never in a house where a fire had caught before—I was never in a house where a person going to bed run the candle against the curtains, and they caught fire—I went to a lady in the Kent-road, with whom the prisoner had lived two months: she said she was honest and industrious, but slow at her work—we merely wanted her for a short time, till we got a grown-up servant—she knew that it was not a permanent situation.
(The prisoner received a good character.)
NOT GUILTY .
ADJOURNED TO MONDAY, FEBRUARY 4TH, 1850.