CENTRAL CRIMINAL COURT.
TWELFTH SESSION, HELD OCTOBER 21ST, 1850.
MINUTES OF EVIDENCE,
Taken in Short-hand
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, October 2lst, 1850, and following Days.
Before the Right Hon. THOMAS FARNCOMB , LORD MAYOR of the City of London; Sir Frederick Pollock, Knt., Lord Chief Baron of Her Majesty's Court of Exchequer; Sir William Henry Maule, Knt, one of the Justices of Her Majesty's Court of Common Pleas; Sir William Erle, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Charles Farebrother, Esq.; William Taylor Copeland, Esq., M.P.; Thomas Kelly, Esq.; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; Michael Gibbs, Esq.; John Kinnersley Hooper, Esq., Aldremen of the said City; the Right Hon. James A. Stuart Wortley, M.P., Recorder of the said City; William Hunter, Esq.; Thomas Challis, Esq.; Thomas Sidney, Esq., M.P.; and Francis Graham Moon, Esq., Aldermen of the said City: Edward Bullock, Esq., Common Serjeant of the said City; and Russell Gurney, 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. TWELFTH 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, October 21st, 1860.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. FAREBROTHER; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. RECORDER; Mr. Ald. WILLIAM HUNTER; Mr. Ald. CHALLTS; Mr. Ald. SIDNEY; and Mr. Ald. MOON.
Before Mr. Recorder and the First Jury.
GEORGE SCOTT (City-policeman, 560). I was on duty on 19th Sept. in Hart-street, Seething-lane, at eight o'clock in the evening, and saw the prisoners in Mark-lane—I did not know them before—I saw them trying the pockets of several different gentlemen—Pope lifted the tails of the coats, and Neale was close to him—there had been a fire in Mark-lane, and there was a great number of persons collected there—I watched them for about half or three-quarters of an hour, and they went together into Hart-street, Seething-lane—I there saw Mr. Furness standing with other persons—I saw Pope put his hand into his pocket and take out a handkerchief, and give it to Neale, who was close by the side of him—I immediately secured them both—Neale threw down the handkerchief—I called to a brother constable in uniform, and gave Pope into his custody—I was in plain clothes—I kept hold of Neale, and stooped and picked up the handkerchief—we took them to the station—I spoke to Mr. Furness previous to taking the prisoners—he was going away—I tapped him on the shoulder, and told him he had his pocket picked—I do not know whether the prisoners heard, me—they were near enough to hear—Mr. Furness said he had lost his handkerchief—this is it (produced)—I have had it in my custody since.
CHARLES FURNESS . I am a clerk, in the employ of Messrs. Colley and Son, horse-hair manufacturers. I was in Hart-street, Seething-lane, about eight o'clock in the evening of 19th Sept.—I went out of curiosity to see the fire—I was standing, looking to see if there was an opportunity of passing the crowd—about a moment after I left the crowd I missed the handkerchief—I missed it before Scott spoke to me—he came and said, "I believe you have lost your handkerchief"—this produced is it—I believe it is not marked—I know it by the pattern—it is silk.
Neale's Defence. I was not there above a quarter of an hour; I left work at half-past five o'clock, washed myself, and when I got down there I saw Pope; he said, "Are you coming home?" I said, "Directly"—we saw a lot of policemen and a mob; one of the policemen came up and said, "You have stolen a handkerchief;" I laid, "I have done no such thing;" I was in my working clothes, all over whitewash: he searched us both, but could not find anything; he picked up the handkerchief about twenty yards off, and then took us to the station.
NEALE— GUILTY . Aged 17.
POPE— GUILTY . Aged 17.
Confined Three Months.
STEPHEN KING . I am assistant to Messrs. Muncaster and Warr, pawn-brokers, of Skinner-street, Snow-hill, I know the prisoner, by seeing him at the office—I believe I have taken pledges in of him—I produce a coat from my master's warehouse—I did not take it in myself—it was there in the usual course of business—on receiving an article a ticket is put on it, and it is put by—I produce two remnants of doeskin, about two yards and a half each piece—I did not take them in myself—all I know about them is that I found them at my master's warehouse—they have tickets on them—I first observed them on 4th Oct., when Mr. M'Gregor came and produced the tickets—I believe 1 saw the prisoner in the shop on 17th Aug.—he did not bring any of these things then.
GEORGE BROWN . (This witness, on taking the oath, stated that ht was a member of the Free Church of Scotland, and, without kissing the book, held up his right hand and repeated the following words: "I declare before Almighty God, and as I shall answer it at the great day of judgment, that the evidence I shall give, &c." MR. CLARKSON suggested a doubt whether this oath, although under LORD DENMAN'S Act it might make the witness responsible for perjury, would be a good oath as against the prisoner. The COURT, however, held it sufficient, the witness stating that it was the form most binding on his conscience.) I am a warehouseman, in the employ of Mr. M'Gregor, cloth warehouseman, of Cheapside—the prisoner was also in his employ as wire-houseman, and had been so about fifteen months—he left about 3rd Sept, in consequence of being guilty of some misconduct on the preceding evening—he had been intoxicated, and quarrelled with one of the young men in my presence—I informed Mr. M'Gregor of it next morning—the prisoner went out next morning, under pretence of going round town in his usual way, and when he returned about one, or afterwards, Mr. M'Gregor took him aside into the inner warehouse—I did not follow them, and do not know what passed—afterwards Mr. M'Gregor called me in, and the prisoner was then delivering papers to Mr. M'Gregor, who said to me, in his hearing, "Brown, see what this rascal has got here in his pocket-book; he has got a letter of yours, and a letter of my own, and one of Mr. Young's"—he then desired him to deliver up all he had got in his pockets—I saw him deliver up the keys of his boxes—I then left, to go to some part of the warehouse, and on my return to the front shop I found that the prisoner had been discharged—
I lived on the premises, and the prisoner also—I know where he kept his clothes—his linen and clothes were then in drawers in the bedroom, and his desk was in the bedroom also—I knew the desk, and had seen him use it—he left all these in his bedroom when he left—I know his handwriting—after he left I received two letters from him—the first was on 14th Sept.—this is it (produced)—it is his writing—I had not seen him since he left——This letter was dated from 3, Earl-street, and requested the witness to forward to him hit clothes and other things, and stating his intention to start for Scotland in a few days)—the things he required were sent to him—I received this other letter, which is in his writing—(read,"16th Sept., 1850. Dear Sir,—I received a letter last night regarding a situation in the country, and wishing me to forward my testimonials on receipt; I will therefore feel much obliged to send me down the small desk, where all my papers are kept; the papers are in the upper part of it. I beg you will not disappoint me, as if I do not have them posted to-morrow morning it will be too late—it is something connected with the police. I wish I might be fortunate enough to get it. Mr. Young called last night about some letters. I solemnly declare that I have no letters or papers belonging to either you or he. I never read a letter of yours in my life, although you may suppose so. I trust you will send me these papers in the course of the day. Yours truly, P. Fraser." On receiving that letter I was about to send the desk by the porter, but I first examined it, to see whether he had any letters addressed to me, and found this pocket-book (produced), containing nineteen pawnbroker's duplicates—there are five here now—I sent to one of the clerks and made a list of them, which I handed with the pocket-book to Mr. M'Gregor, on his coming to the City from the country—the desk was unlocked—the desk was locked when he left, and the next day I saw it picked by a locksmith, and it was partly examined by Mr. M'Gregor—it was then put into an enclosure under one of the counters in the inner warehouse—it was not locked—other persons could have access to it if so inclined—it was left there from the 4th to 26th—this is the desk (produced)—the pocket-book was here in a secret part, a little out of sight—it is not a secret drawer—I cannot swear that it was there on the 4th—the papers in the pocket-book now, and some others, were in it when it was found—this letter, directed "Thomas M'Gregor, Esq.," was not; it was one that Mr. M'Gregor has received since—I cannot say whether this envelope, directed "Paul Fraser," was there—I do not recollect any in his own handwriting being there—I have never seen him use the pocket-book—my master does not sell ready-made coats, but be sells doeskins, and the prisoner had access to them—there is no mark on this piece of doeskin, but it is similar to what my master sometimes sold, and these two patterns were made in Yorkshire expressly to his order—the style of weaving is different from that of the other doeskins of the same sort—these we call crape doekins—the others are a little different—no other house deals in goods of this description—I swear it has been part of my master's property—I did not myself miss any property from the warehouse—I cannot speak to the coats.
JURY. Q. Why was the desk opened by a locksmith? A. On examining the keys left by the prisoner, we found none of them were likely to open the desk, and Mr. M'Gregor had it opened directly by a locksmith—we did not try all the keys—if we did try the right key, it did not open it easily, and we were under the impression that none of them was the proper one.
THOMAS M'GREGOR . I am a warehouseman. The prisoner was in my service, and for the last three weeks or month was housekeeper, and had charge of the keys, and everything in the house—Mr. Brown told me some-
and I took the prisoner into the inner warehouse, and charged him with being a thief—he said he had only taken some whiskey from under my desk—I told him to turn out his pockets—he did so, and I saw the keys of his boxes and desk, a letter from my wife to me, one to Mr. Brown, and one to Mr. Young, one of my warehousemen—I sent for them, and they said, in the prisoner's presence, that a number of letters had been sent which had never been received—I sent the prisoner away, and said if I found him in London within three days I would prosecute him—I had not then discovered anything; in fact, I was anxious not do so—after he was gone, I went into his bedroom, and found this handkerchief and gloves of mine, of which I took no notice—next day Brown brought me the prisoner's desk—none of the keys looked as if they would open it, and I sent it to a locksmith, by Brown and one of my porters, to get it picked—this doeskin is an engaged article, specially made for me, and very peculiarly marked—I have sold some—articles of this description were kept in the prisoner's department—I never missed any, it is impossible—this coat was returned by a customer in Aberdeen, whom I had sold the cloth to, as being too tender—I can swear to it; I tried it on—it was kept on the ground-floor—I did not miss it—on the 26th I went to the pawnbroker's with the inspector—(I had not examined the pocket-book to see if the tickets were in it)—we found several pieces of doeskin at Muncaster's, in Skinner-street.
Prisoner. Q. Did you receive good certificates with me? A. Yes; you had a letter of introduction to Sir James Duke.
WILLIAM JAMES MITCHELL (City police-inspector), Mr. M'Gregor gave the prisoner into my custody on the evening of 26th Sept.—he had given me the pocket-book in the morning, and I had been with him to examine a portion of the goods which were in pledge—there were nineteen duplicates in it, ten of which remain, and nine have been given up to the pawnbrokers—I asked the prisoner if he knew anything of the pocket-book—he said it was his, and had formerly been his brother's, whose name was inside—the name of William Fraser was inside—I asked if he knew anything of the duplicates it contained—he made me no answer.
BEN DAVIS . I am warehouseman to Mr. M'Gregor. This coat was returned from Aberdeen, in 1847, and was kept in the warehouse to offer to any one for sale—I know it by the appearance and fabric—there is no mark on it—I have gone through the doeskins with the book, and find a deficiency of seven yards and a half in one piece.
Prisoner. Q. Are not goods removed from one warehouse to another? A. Yes; when we are busy, they bring doeskins down for us to help in cutting them.
Prisoner's Defence. It is quite possible that the tickets might have been put into the desk; it was left open; every person had access to it.
NOT GUILTY .
EDWIN HARRISON . I am assistant to Mr. Baylis, a pawnbroker, of 4l. Aldersgate-street. I produce a scarf from my master's warehouse, with a ticket attached to it—I received it on 25th May, 1850—I made out the ticket—I advanced 8s. on it—I am not able to say who the person was that I advanced it to—it was pledged in the name of John Freeman; that
appears on the ticket—I also produce a table-cover from my master's ware-house—I received that in pledge, and told William Davis, the young man underneath me, to write the ticket, as I was very busy—that was pawned on 29th May, 1850, in the name of John Freeman, I believe by the prisoner—I also produce some pieces of cloth and waistcoating; I took those in—I advanced 3s. on the table-cover, and 8s. on the cloth and waistcoating, they were pledged together on 10th June, in the name of John Freeman—I wrote the ticket myself—I believe it was the prisoner brought it.
Prisoner. Q. Can you swear it was me? A. No, I do not—I cannot swear positively to him on either occasion—I have some slight recollection of his face, but I cannot swear positively—I believe it was him.
WILLIAM JAMES MITCHELL (City police-inspector). I received a pocket-book from Mr. M'Gregor on 26th Sept., which I produce—it contains four duplicates, which were in the pocket-book at the time it was given to me—I went with Mr. M'Gregor, on 26th Sept., to Mr. Baylis, and compared these tickets with the tickets on the goods that were produced; they corresponded—when the prisoner was brought to the station, I asked him if he knew anything of the pocket-book—he said, "Yes, it is mine, and was formerly my brother's, whose name is written in it"—I also asked him if he knew anything of the duplicates; he made no answer.
EDWIN HAHRISON re-examined. Two of the tickets produced are in my handwriting, and are the two I have spoken of, that were written on 25th May, and 10th June—I never wrote any other tickets in the name of John Freeman for such goods and such sums—this other ticket is Davis's writing—I did not see him write it—I know his handwriting.
THOMAS M'GREGOR . The prisoner was in my service as warehouseman, and was so in May and June—he was not the housekeeper at that time—I deal in scarfs—this scarf produced is of a quality that I have been in the habit of keeping—I am not myself able to say whether I have missed any—I believe I am the only individual that has this sort of table-cover except the manufacturer—it is a peculiar article, made for the China trade, and I bought it as a job lot—it is not a thing we generally deal in—it is made of a sort of ladies' cloth, and was imperfect in the die, and it was afterwards printed into table-covers, and was cut into various lengths—it is the only lot of table-covers I ever had in my stock—it is not an article that would be found in any warehouse in the City—I can confidently say that the same article was never made before—it was not properly made for table-covers—these cloths have a very great peculiarity; they have got black stripes in the list, which are called Spanish stripes—there is a great deal of similar cloth, but not made for table-covers—the cloth itself is peculiar, and the printing it for table-covers is an additional peculiarity—I have not the slightest doubt that this is part of my property—I did not print them myself—I bought them of the manufacturers, as a job lot—my number happens to be on the waistcoat-piece—it is a piece of the quality that I had on my premises—there are two marks on it that I can speak to; my own mark, and the mark of the party from whom I purchased it—he is considered the manufacturer of it, inasmuch as this is a registered article—the material was manufactured in the north of England, and afterwards printed at Crayford, in Kent—the peculiarity of the printing is so well known in the trade, that if it had never been in my shop I should know whose printing it was—we enter everything by progressive numbers—this number is 919—that is my number—the number of the party from whom 1 bought it is No. 1, and a figure 8 after it, which would denote eight yards—that is not my writing; I cannot say whose it is—I never mark off goods
myself, or compare them with the invoices—I have sent for the invoice—I have the stock-book here.
GEORGE BROWN . I received this letter of 26th Sept.—(this letter was read, as in the last case)—in consequence of that letter, I again looked at the desk—I found it under the counter, in a sort of cupboard place, in the inner warehouse—it had been put there the day after the prisoner had been discharged—I found in the desk a pocket-book, containing twelve duplicates—I made a list of the duplicates, and afterwards handed the pocket-book to Mr. M'Gregor—these three tickets, of 25th May, 29th May, and 10th June I believe were among them—I had found the desk originally in his bedroom.
BEN DAVIS . There is no mark on this scarf, but it is an article which Mr. M'Gregor keeps in his stock, and from this lot we have three missing—I have ascertained that by searching through the book—that book is not here—I have the book relating to the waistcoating; it is kept by a young man in the counting-house, who Mr. M'Gregor has on purpose to write off the stock as it is sold—when we receive a quantity of goods from a manufacturer's we have the invoice, and the manufacturer's number is put on it from the invoice, which we call the progress number, and our own number also, and both numbers are entered in our book—this has had the manufacturer's ticket taken off—I produce the book and the original invoice of the goods—I am not in the habit of seeing the entries in this book as soon as they are made.
MR. M'GREGOR re-examined. This is the invoice I received with the parcel of goods—I passed it—I pass every invoice—here are my initials—this number is the first on the invoice; "No. 1," and "29 1/2 yards"—No. 1 is the manufacturer's number, and the red number is my own, the progress number—one is a check on the other—whatever lengths are sold are written off in this book, and put to the credit of the number; and I believe it will turn out that we are something like three and a half yards short of this identical piece—this is the last piece that would have been sold, if sold at all—I buy all my own goods, and sell nearly the whole of them, and am seldom out of my business from morning to night—I have not the clerk here that kept this book—half a dozen clerks might have written it off, according to the period at which it is sold—the entries must first be made in a journal by two young men in the warehouse—one calls one or two clerks out of the counting-house with the journal and invoice, the two warehousemen repeat the names of the articles, number, price, and length, which are entered in the journal; another clerk hears that called back; that is checking it, to see that it is properly and correctly done; then as the things are sold, they are written off here—the lengths we have written off as being sold amount in all to twenty-five yards and five-eighths—there is none left in stock, this is the last portion of it—my books show originally twenty-nine and a half yards—I sell three-fourths of the goods that are sold in the warehouse—the date of the invoice is 1845—this is an article that went immediately out of fashion—there was upwards of 3,000 yards of it—if this had been sold, it must have appeared in my books or else it must have been taken away, one or the other; it is impossible that any article can go out of the house without being entered—the prisoner had no access to the books; he was entirely a warehouseman—he had charge of these goods in common with the other goods; in fact he had the whole charge of a room about three times the length of this Court, and was there by himself—the contents of this book were not brought to his notice at all—he might refer to it if he went into the counting-house.
NOT GUILTY .
NEW COURT.—Monday, October 21st, 1850.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. WILLIAM
HUNTER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
(MR. SERJEANT Jones offered no evidence.)
NOT GUILTY .
(MR. WOOLLETT offered no evidence.)
NOT GUILTY .
GUILTY .* Aged 18.— Confined Six Months.
EDWARD FUNNELL (City policeman, 32). On 19th Sept., about half-past four o'clock in the afternoon, I was in Seething-lane—I saw the two prisoners speak together, and walk into the crowd, and out again—I saw Jones put his hand through his velvet jacket pocket-hole—he was then close behind a gentleman—the gentleman moved away, and I saw his handkerchief half out of his pocket—Jones looked round to Jackson, and they went to another gentleman; and Jones again put his hand through his jacket pocket, and then turned and gave something to Jackson, who put it into his trowsers pocket, and came out of the crowd, and Jones directly followed him—I spoke to the gentleman, and then followed Jackson—I found this handkerchief (produced) in his trowsers pocket.
JACKSON*— GUILTY of Receiving. Aged 40.— Confined Six Months.
JONES— GUILTY> of Stealing. Aged 48.— Confined Four Months.
MARY AGAN pleaded GUILTY . Aged 21.— Confined Twelve Months.
JOHN BANYARD (City-policeman, 562). On 20th Sept I was sent for to Mr. Annis, a pawnbroker—I took Barney Agan—I asked him how he came in possession of this brooch—he said he had received it from his daughter, who was in service—I asked him if he had seen it in her possession before she went to the situation—he said he had—I asked him if he knew how she came in possession of it—he said he never asked her that question—I took him to the station—he went very readily—the inspector asked him how he came in possession of the brooch, and he told him the same that he had told me—he was asked where his daughter lived, and he said he did not know the name of the street, nor the number of the house, but it was near Finsbury-square, and he could find it.
Cross-examined by MR. ROBINSON. Q. Were you in uniform? A. Yes.
BENJAMIN LOUIS MEYER ROTHSCHILD . I live in South-street, Finsbury. This is my brooch—I had lost it for three or four days—it was kept in an iron safe in my counting-house—I had moved it from one safe to another, and it must have fallen on the floor—Barney Agan came to my house that evening to ask for his daughter, who was in my service, to go out—I did not let her go.
JOHN ANNIS . I am a pawnbroker, in the Minories. On 20th Sept. Barney Agan brought this brooch to my shop, and asked if we would lend him 20s. on it—something was said about it, and he then said, "Perhaps you will lend me 30s."—he was asked whose it was, and he said it was his daughter's—I asked him where his daughter lived—he said, in some street near Finsbury-square, but he could not recollect the name, and he would go to her—he went, and was absent about two hours—he then came, and said his daughter could not come till the morning—he wanted the brooch back again—I sent for a policeman, and gave him the brooch to make inquiries.
Barney Agan received a good character.
NOT GUILTY .
MR. CARTER conducted the Prosecution.
SARAH HER RIDGE . I am the wife of Joseph Herridge, of Ruislip. On 29th Sept., I got up about seven o'clock in the morning—I had on the previous night counted fifteen sovereigns, and twenty-seven shillings in silver, amongst which were five half-crowns and some sixpences—I left the house with my husband about half-past ten—that money was safe then—I fastening the doors and windows, and left no one in the house—William Woodward and Birch were a little way from the house—we told them to see if any one came to the house—we returned just after one—I found the window-blind down, the screws of the window wrenched out, and the window-fastening gone—I missed the money from a drawer, which was a little way open—I had left it closed, but not locked—there was a watch and some gold rings in the room, which were still there—David Woodward lived in our house—he came home from a journey on 1st Oct., and I heard him say he had been badly off for money—when we returned home from Church on 29th Sept., I saw William Woodward and Birch going in a direction from our farm—they returned in the afternoon—I stated to them what had occurred—they said they had not seen any one near the house, and they had been about all the morning.
Cross-examined by MR. PAYNE. Q. Where did they live? A. In a close near the house.
ELIZA CRAFT . My husband is a labourer, living at Ruislip. On 6th Oct., I was in a public-house—I saw David Woodward drinking there—he asked me if I would take care of some money for him—he gave me three sovereigns, and then six sovereigns and a sixpence—I put them into my husband's pocket.
HENRY POULTER . I was at the public-house—David Woodward and six or seven more persons came in—David and I went outside, and he said he had some money, but that bad woman had got it and gone home with it—he said he happened to have some luck; that his brother and his mate gave it him, and if he had been there be would have had watch and all—he was as drunk as he could be—on the Monday night, I saw William Woodward in the rick-yard—I said, "If you don't mind you will get transported"—he said, "I don't care, you may go and tell my master if you like."
HENRY COOPER . I am a labourer, of Ruislip. On Monday, 7th Oct., I was in the stable doing up the horses with Birch—William Woodward came in, sod said to Birch that Poulter had been to him, and said if he did not take care he should get transported—they were talking, and I heard one of them say, "If David says we broke into the house, we shall be done"—I recollect the Tuesday night on which David Woodward came back from his journey—for some days he had been absent from the farm—when he came back, I heard him tell his master that he was short of money, and he was obliged to get hay and beer and bread and cheese on credit, and he brought the bill to his master.
Cross-examined. Q. Does Poulter work there? A. No, I believe he works for himself—I have been sleeping in the same bed with David Woodward nearly twelve months—I have been all that time in the service of Mr. Herridge—on 29th Sept. I went home to my father and mother at half-past seven o'clock in the morning, and returned in the evening.
JOSEPH HERRIDGE . I reside in Ruislip. On 26th Sept., I sent David Woodward and Henry Craft on a journey to Sussex—David Woodward came home on the Tuesday after the Sunday of the robbery—I called him, to know what his expenses had been—he told me he was very short of money and he was obliged to get a bill, which I have here—It amounts to 2s. 7d.—when I left home on Sunday morning, 29th Sept., William Woodward and Birch were a little way from my house—I told them to stop and see if any one came—when I returned, I saw them going away from the house—when I found my house had been broken open, I went to William Woodward's house, and asked him where he had been—he said he bad but just come from the farm, and had been there all the morning, and his mother made the same answer—I asked him if he had seen anybody about, and he said, "No"—I received nine sovereigns and a sixpence from Craft—I afterwards gave David Woodward into custody—I had seen the money on my premises on the Saturday night—I counted it, after paying the men; there were fifteen sovereigns and twenty-seven shillings.
Cross-examined. Q. What were William Woodward and Birch doing that morning? A. They had to mind the sheep—David lived in my house; William lives at his mother's, 500 or 600 yards from my house—I went to his house, between one and two o'clock—he came to work that afternoon, and all the week afterwards.
JAMES COTTON (policeman, T 217); On 6th Oct. nine sovereigns and a sixpence were given to me—I took David Woodward into custody the same evening, about a quarter-past ten o'clock, he was lying in a ditch on Ruislip Common—after he had recovered from his intoxication, I told him what I took him for—he said he had no money, and bad had none, he knew nothing of it.
David Woodward's statement before the Magistrate was here read:—"I received three half-crowns, one shilling, and a sixpence, on Tuesday morning from my brother William, and Nathan Birch; on the Saturday afterwards I
received from my brother ten sovereigns; I said, when they gave me the half-crowns, "Where did you get it?" they said, "You know very well;" they would not tell me that they broke into the house."
NOT GUILTY .
GUILTY . Aged 25.— Confined Twelve Months.
THOMAS SMALL . I am a labourer, and live at Hayes. About eleven o'clock at night, on 21st Sept., I went to John Langton's house with the prisoner—we had some beer—I had six shillings, a half-crown, and a sixpence in my right-hand trowsers pocket—I sat down, and the prisoner sat next to me on that side—when I had been there half an hour, I fell off to sleep—I slept about two hours—when I awoke I missed my money—it had been in a purse—the purse was put into my left-hand pocket—the prisoner was there—I asked him about it—he said he knew nothing about it.
Cross-examined by MR. PAYNE. Q. Had you been to Isaac Smith's beers-shop before that? A. Yes; I and several others—they shut at eleven o'clock—we bad been drinking there from about nine—I did not say, "Let us take some beer with us," some of the party did—I do not know what they took—there was Langton and his wife, me, Johnson, Newman, and the prisoner—I dare say it was six in the morning when we left to go away from Langton's—some of them went away before me—I found the prisoner in his own house when I took him on Tuesday night—Mrs. Langton said something to me on Tuesday—from two till six we had no more beer, we had some tea—we had nothing in the tea that I know of—Langton and his wife did not offer their house to us when we could not drink in the beer-shop—we went from a public-house to a private house, to enjoy ourselves—Langton asked some of the party to go there, and Johnson asked me to go there with them.
AMELIA LANGTON . I am the wife of John Langton. I remember the prisoner and Small coming to my house—the prisoner sat on his right side, and put his hand across to his left-hand trowsers pocket, and took silver out—Small was asleep—it was between nine and ten o'clock, as near as I can tell—I had been in my own house all that evening—I went to bed that night, but I did not stop in bed—I stopped in the room after I had seen the prisoner take the money out of Small's pocket—I sat still, and said nothing—I told my father-in-law in the morning, but I said nothing at the time—directly Small awoke he missed it, and spoke about it—I told him what I had seen—the prisoner was within a yard or two of him—he did not say anything—all the rest that came to my house were in the room.
Cross-examined. Q. What time did you go to Isaac Smith's beer-shop? A. I was not there at all—I do not know what time we went there—we left there between nine and ten—I do not know why they came to my house.
NOT GUILTY .
OLD COURT.—Tuesday, October 22nd, 1850.
PRESENT—Mr. RECORDER; and Mr. Ald. WILLIAM HUNTER.
Before Mr. Recorder, and the Second Jury.
GUILTY . Aged 34.— Confined Twelve Months.
NOT GUILTY .
MR. HUDDLESTON conducted the Prosecution.
STEPHRN KING . I am assistant to Messrs. Muncaster and Warr, pawn-brokers, 14, Skinner-street. I produce a new shawl, pawned on 17th Aug. for 7s. 6d.—this is the ticket I put on it, in the name of John Freeman, Blackfriars—it is in my writing—I cannot recollect the person who pawned it—I also produce a waistcoat-piece, and two waistcoats, pawned together on 24th May, 1849, in the name of James Freeman—I did not take them in—I have only been there three months—this is the shawl I snowed to Mr. M'Gregor.
EDWIN HARRISSON . I am assistant to Mr. Baylis, a pawnbroker, of Alders-gate-street. I produce a coat, pledged on 10th May by the prisoner I believe, in the name of John Freeman, of Blackfriars—this is the ticket (produced)—he has pawned other articles with me in the same name—I cannot swear to him, but believe him to be the man—he came four times.
THOMAS M'GREGOR . I am a warehouseman, of Cheapside. The prisoner was is my service—on 3rd Sept. I dismissed him, and requested him to turn out his pockets—I saw these keys; but as on trying his desk next day they appeared too large, I sent it to a locksmith, find got it picked—some letters were found in it—I left it in Brown's possession—this shawl is mine—I identified it at the pawnbroker's—the ticket has been taken off since—it bore the manufacturer's mark and number which I adopt as mine—I missed articles of this description—here is a mark of gum where the ticket has been—I have sold such shawls as this—it has not been used—the prisoner had care of the department in which it was, on 17th Aug.—I have seen the prisoner wear waistcoats like these two—I cannot swear to this waistcoat-piece, but have no doubt it is mine—the mark is taken off—when I accused him, he said the amount was too large or it might be arranged.
Prisoner. Q. Had any other person access to the shawls? A. Every one in the warehouse—the shawls were moved from place to place, but were kept inyour department—I had no character with you, but I knew your father.
GEORGE BROWN . I am Mr. McGregor's warehouseman. The prisoner was in his employ, and was discharged—on 26th Sept. I opened his writingdesk (produced), and found this pocket-book in this secret part which had been overlooked before when I examined it, as I opened the desk with that part towards me—I found in it nineteen duplicates, and among them this one for a shawl, and one for a coat—I believe this coat to be the prisoner's, and also these two waistcoats.
Prisoner. Q. Did the desk remain open from 4th Sept, to the 26th? A. It was unlocked, but was wrapped up in brown paper, and placed in a cupboard in the warehouse where we did not keep goods.
ANDREW YOUNG . I am in Mr. M'Gregor's service. I have seen the prisoner wear this coat and two waistcoats, as his own—I do not think any one else had waistcoats of this sort—this letter is in the prisoner's writing—(read
see page 717)—after the receipt of that letter I assisted Mr. Brown in searching the desk on the 26th, and saw this pocket-book and duplicate found.
WILLIAM JAMES MITCHELL (City police-inspector). I took the prisoner, and asked him if he knew anything of that pocket-book—he said, "Yes it is mine, and was formerly my brother's whose name is written inside"—I opened it, showed him the duplicates, and asked him if he knew anything of them—he made me no answer.
Prisoner's Defence. I was corresponding with Mr. M'Gregor; I even called at the house; any one could have had access to me for three weeks.
GUILTY . Aged 33.— Transported for Seven Years.
MR. COOPER conducted the Prosecution.
JOHN POVEY . I am in the service of James Chappell boot and shoemaker, of 388, Strand. On 7th Aug., about six o'clock, the prisoner came there—after he left, my master gave me a pair of boots, to take to 5, Exeter-street—as I went, I met the prisoner, who asked me whether 1 had come from Mr. Chappell's—I said yes, and he gave me two half-crowns, which was the price—I went back and gave them to my master—he said they were bad.
JAMES CHAPPELL . I am a boot and shoemaker. The prisoner came to my shop, and asked if we had a pair of boots about 7s. 6d.—I found him a pair at 5s.—he told me to send them to 5, Exeter-street—I sent Povey with them, and told him not to leave them without the money—he came back with two bad half-crowns—I kept them apart from other money, and gave them to Bashford.
Cross-examined by MR. ROBINSON. Q. I believe the prisoner pleaded guilty in the other Court, this morning, to having passed these bad half-crowns? A. Yes. GUILTY . Aged 26.— Confined Three Months. (See also page 729.)
(There were two other indictments against the prisoner.)
WILLIAM FRANCIS LAWRENCE . I am apprentice to James Lane, a draper at Staines. On 19th Aug. the prisoner came to our shop, and gave me this note—he said he had brought it from Mr. Ashby—(read—"Mr. James Lane: please let the bearer have one pair of trowsers, and a cap. S.J. Ashby")—in consequence of his presenting that note, I let him have a pair of cord trowsers and a cloth cap; such as a lad in his position of life would wear—I know Mr. Ashby, he is a coal-merchant at Staines—I was not acquainted with his handwriting—I had known the prisoner before by seeing him about the town—I showed the order to Mr. Lane, and put it on the file—about a month afterwards I took it to Mr. John Ashby, and also to Mr. Skidmore Ashby—Mr. John Ashby did not pay.
JOHN ASHBY . I am a coal-merchant, at Staines. There are many persons of the name of Ashby at Staines—Lawrence brought this order to me; it is not written or signed by me—I never gave such an order—the prisoner has occasionally worked for me—I occasionally give an order to one of my regular workmen to go and get goods—I cannot tell whether the prisoner had the means of knowing that—Mr. Skidmore Ashby is my brother; he lives at Staines, I know his handwriting, this order is not his writing, nor the signature.
WALTER ROBERT LEE (police-sergeant, T 7.) I received this order from Lawrence, in the same state it is now—I gave directions to a constable at Staines to take the prisoner—he was taken before Colonel Wood—(The pisoner's statement before the Magistrate was here read)—"It was wrote for me; when I brought the goods out the man received them as wrote the letter for me; I did not see anything more of him till night; I asked him where the goods were, he told me he had sold them; I do not wish to say more."
Prisoner's Defence. It was wrote, and I took it: a man said he would give me a shilling to take it; I am no scholar, I cannot read or write; he took the goods from me when I brought them out—he did not give me the shilling he promised me. I saw him again at night, and asked him for the shilling; he said he had sold the goods, but bad not got any money for them; the man's name is Ted Holmes; he met me on the bridge close to Mr. Lane's, as I was along with a cart of Mr. Saunders's, with a load of bricks; I told sergeant Lee when he took me who the man was, and he knows him. He is now at Chertsey. Mr. Ashby knows I am no scholar, and can speak to my character.
WALTER ROBERT LEE (re-examined.) None of the property was found in the prisoner's possession—it was a month or five weeks after the occurrence that I received information—the prisoner mentioned the name of Ted Holmes to me, and said he saw him write it in a lodging-house at Staines—Holmes it a vagabond sort of fellow—I saw him at Staines once since, about a week ago—I told him what the prisoner said, and he denied it.
JOHN ASHBY re-examined. I cannot speak as to the prisoner's character, I so seldom saw him—I know nothing against him before this—I do not know whether he can read or write—he has not had anything to do for me in that capacity.
Prisoner. I have taken bills from Mr. Ashby, when I took out coals, and have put a cross to them, being no scholar.
WALTER ROBERT LEE re-examined. produce a paper which I got from Mr. Hayter, of Staines, who received it from the prisoner—I showed it to the prisoner, and asked if he wrote it, and he said he did—it purports to be signed by William Osman.
Prisoner. I did not say any such thing. Witness. He did—I also showed him this one, and he said he did not write that.
GUILTY . Aged 18.†— Confined Six Months.
MR. PAYNE conducted the Prosecution.
LEWIS NATHAN . I am a merchant, and reside at 10, Finsbury-circus, in the parish of St. Stephen, Coleman-street. My house was entered on the night of 23rd Sept, or the morning of the 24th—it was closed between half-post eleven and twelve o'clock at night—I came down in the morning, about a quarter to seven, and found great confusion—my servants were up—I found the house had been entered by the back area window, and nearly all the plate in daily use was gone from the butler's pantry, a silver teapot, spoons, forks, ladles, and things of that kind, worth altogether about 80l.—this butter-knife (produced) is a portion of the property that was lost on that occasion—my initials are on it—none of my servants are here.
past my house—I followed him up Monk well-street, through Falconsquare, St. Martin's-le-Grand, down Newgate-street, up Shoe-lane—he was up there for about two minutes—he came back again, and went up Holborn, to Drury-lane—I traced him at last to a public-house in King-street, Drury-lane, I think the sign of the Woolpack—he remained in there about twenty minutes—I did not speak to him at all before he went in, and he did not see me—when he came out, I followed him down Holborn again, passed him, and met him—I then asked him where he had been to—he said he had been for a walk—I asked where he had been—he said he had been to see his sister, in the neighbourhood of Oxford-street—I said I suspected he had some stolen property about him, and I wished to search him—he said, "I have nothing about me but 7s. or 8s.; you can search me"—I said, "I suspect you have something about you, and I wish to search you"—he said, "Come into a public-house, or where you like;" and I took him into the Ram Inn, Smithfield, searched him, and found in his breast coat-pocket this silver butter-knife—I said I should take him into custody for having it in his possession—he said, "Don't do that"—I said I should—as I was taking him past the bar, I observed him taking his left hand from his trowsers pocket—I caught hold of his hand, and in it I found a 5l.-note—he said, "Take that; that is as square as a guinea; you can have that, and let me go"—I then took him to the station in Smithfield, and on searching him I found a purse, and 9s. I think in it.
Cross-examined by MR. BALLANTINE. Q. I believe you still have this 5l.-note? A. I have; I have not traced it as being the result of any impropriety—I have made inquiries respecting it, and went to the Bank of England—nobody had told me to search the prisoner—I had no hint of any kind from anybody to do so, I was getting my tea—I had been at home all the afternoon—I was in plain clothes; I am always on duty in plain clothes.
MR. PAYNE. Q. Did you know the prisoner before? A. I did—it was of my own accord that I went after him.
(The prisoner's statement before the Magistrate was read, as follows: "I have nothing more to state than what I have already stated, namely, I was going up a street leading out of Holborn, and I saw this knife between the threshold and the scraper, and I took it up; I had occasion to go down the street for a necessary purpose.
GUILTY†of Receiving, Aged 40.— Confined Twelve Months.
NEW COURT.—Tuesday, October 22nd, 1850.
PRESENT—Sir CHAPMAN MARSHALL, Knt, Ald.; Mr. Ald. WILLIAM
HUNTER; Mr. Ald. MOON; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged 22.— Confined Six Months.
GUILTY . Aged 49.— Confined Four Months.
GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 30.— Confined Six Months.
GUILTY . Aged 43.— Confined Six Months.
GUILTY . Aged 28.— Confined Twelve Months.
MESSRS ELLIS and BODKIN conducted the Prosecution.
GEORGE BAILEY . I am the publisher of the Mirror of the Times, and live in Wellington-street, Strand. On Thursday, 10th Oct., about one or two o'clock, the prisoner came for No. 11 of that work—he gave me a shilling; I gave him tenpence change—he went away—I placed the shilling on the table by me for two or three seconds—I then looked at it again, and found it was bad—I put it into my pocket, and kept it apart from other coin till I give it to the officer—the prisoner came again on Saturday, 12th Oct., for No. 10 of the same work—I recollected him directly—he put a shilling on the counter—I saw it was bad—I took it up, and I said to a gentleman that was there, "Serve this man"—I made the door fast, and then told the prisoner he was the person that came on Thursday, and passed a bad shilling—he said he was not—I sent for an officer, and gave him the shillings—the prisoner wanted me to let him go, and said he would give me a sixpence that he had in his pocket, and he would go and fetch me a 4d.-piece.
Prisoner's Defence. I went into the shop the first day, and gave him a Rood shilling; he sent the boy out for change, and gave me tenpence;. on the Saturday I went again, and he said I had come before, and passed a bad shilling.
GUILTY . Aged 19.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
SARAH JEMIMA BUNKER . I am assistant to Mr. Hiscock, a linen-draper in Titchfield-street. On 16th Sept. the prisoner came, about two o'clock, for a pair of kid gloves—they came to half-a-crown—he gave a 5s.-piece—I gave him change, and he left—I then looked at the 5s.-piece, tried it in the detector, and found it was bad—I then put it into the back of the till—there was no other crown there—I took it out in about ten minutes, and showed it to Mr. Hiscock—he looked at it, and gave it me back—it was not out of my sight—I put it in the same place again—on 25th Sept. the prisoner came again, about the same time of the day—I recognised him immediately—he asked for two pairs of socks, which came to 20d.—he gave me a bad crown—I sent to Mr. Hiscock—the prisoner said he had change, and he looked in his pocket to get change, and he had not got it—he said he would leave the crown, and go get a glass of ale, and come back in a moment—just as be was leaving, Mr. Hiscock took him into custody—I saw the prisoner hand a
crown to Mr. Wildsmith—after that the policeman came—I gave him the crown-piece that was in the till.
Prisoner. I gave you this 5s.-piece, and told yon I had changed half-a-sovereign only a few doors off, and I had 4s. 6d. in silver, and I would go get a glass of ale and get the crown changed. Witness. You did not mention about getting change—there were four shillings found on you—you made no resistance.
ALBERT HISCOCK . On 16th Sept. Bunker showed me a bad crown—I returned it to her—on Wednesday, 25th, in consequence of information, I stopped the prisoner, who was just coming out of the door of the shop—I gave him in charge—I put a mark on the crown at the station—this is it, and this is the other.
MATTHEW WILDSMITH . I am a boot-maker, and live in Sheffield-street. I was at Mr. Hiscock's shop, on 25th Sept.—he left the prisoner in my charge—the prisoner said he knew nothing about it, and he never was there before—I said, "Let me look at the crown piece"—he did, and I said it was bad—he said he would take it back—I said no, I would keep it till the officer came.
Prisoner's Defence. Would any man go into a shop where he had been a few days before? I had changed a half-sovereign only a few doors from the very place; I offered to pay for the socks; if they had allowed me to have gone only seven or eight doors off, the business would have been settled at once. I offered to send for witnesses at Marl borough-street.
GUILTY .* Aged 52.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
SUSANNAH BENNETT . I am a widow, and keep the George Tavern, Snow-hill. On Saturday 21st Sept., about eleven o'clock in the morning, Wood came for half-a-pint of beer, and paid me with a half-crown—I gave him his change, and he left—I put the half-crown in a cup in the till—there was no other there—I gave the change out of my pocket—about four that afternoon Wood came again, with Hewson and another man—I knew Wood again directly—Hewson asked for a quartern of gin—I served him; he paid me with a half-sovereign—I gave him change, in three half-crowns, two shillings, and two-pence, and they all three went away—I went in the back-room, and showed Mr. Webb the half-sovereign—he said it was bad, and fetched the prisoner back directly—Mr. Connor was there, and he assisted in detaining the prisoner till the officer came—Mr. Webb gave me the half-sovereign, and I gave it to the officer at the station—I did not find that the half-crown was bad till I returned from the station—I then marked it—I found it in the cup where I had placed it—no one had access to the till—I had locked it and taken the key with me.
Cross-examined by MR. PAYNE. Q. When you mentioned about the half-crown having been uttered by Wood, did not he say, "There was a man who wore a cap had a bottle of ginger-beer, who paid you the half-crown?" A. I do not remember—I did not say that I gave the man 2s. 2d., and said I
would give him the other 1d. when he brought the ginger-beer bottle back—I will not swear that a man did not come for a bottle of ginger-beer, and that I did not give him 2d. 2s., and say I would give him the other 1d.—it is a common thing—I do not remember it—I do not remember that Wood said there was a fly in his beer, and that a glazier who was there offered to take it out with his diamond, and that I took it out with a spoon—I did not tell the prisoner that I knew the glazier, and that I would bring him forward at the next examination—no one but myself was serving.
Hewson. Q. When Connor brought me to your house, did I say that I had never been there before? A. Yes; I did not say at Guildhall that the three men that came in were never out of my yard—I am sure the prisoners are the men.
WILLIAM GOLDING . I am a warehouseman. On 21st Sept. I saw the two prisoners about a quarter-past eleven o'clock—they came laughing and talking together into the straw-yard, Snow-hill, while I was standing there—Wood went to the wine-merchant's passage, and came out directly, and said, "It is not there, that is not the place"—Hewson made Answer, and said, "Go over there, you fool," nodding to Mrs. Bennett's place—Wood went in and the other stopped outside.
Cross-examined. Q. Did you remember these expressions when you were before the Magistrate? A. Yes; I told all I knew, and that among the rest—I live at No. 115, Shaftesbury-street, City-road, and am a warehouseman—I was not before the Magistrate the first time—Mrs. Bennett did not fetch me—I told the officer of it on the Monday, and I went before the Magistrate on the Saturday following—I told the Magistrate everything I have done to-day—this is my writing to this deposition—(read)—"Wood went in a wine-merchant's passage, the other remained outside"—I did not state that I saw Wood come out, and that then the other said, "Go over there"—I told the Magistrate that I saw him go in the passage, and come out, and go over to Mrs. Bennett's—I believe I stated that he said, "That ii not the place," and that the other said, "No, you fool, go over there"—it was read over to me, and to the best of my knowledge that part was in it—I am warehouseman to Mr. Morgan, at the George Inn, Snow-hill—I have been there nine years—I sometimes go to Mrs. Bennett's one or twice a day—I did not have any conversation with her about this.
MR. ELLIS. Q. Did you see the solicitor at Guildhall? A. Yes; I told him what I heard the prisoners say, and how they came up the yard—that was after I had done with the Magistrate.
AUGUSTUS WEBB . On 21st Sept. I was at Mrs. Bennett's house—I was sitting in the coffee-room—she came, and showed me a half-sovereign; it was bad—I kept it in my hand and went out—I was directed by a boy who saw the prisoner—before I came up to them, Connor overtook Wood—he told me to take hold of him while he went after the other man—the prisoners were both brought back—I went back to Mrs. Bennett's—the policeman was sent for, and the prisoners were given into custody—I kept the half-sovereign in my pocket till I got to the station, and gave it to the station sergeant—I do not recollect that I gave it to Mrs. Bennett—I think it was shown to her at the station to know if it was the same.
Cross-examined. Q. You were not before the Magistrate? A. No; I found Wood in a place leading to Sharp's-alley—he appeared a little intoxicated—I did not say, "You have passed a bad half-sovereign."
MRS. BENNETT re-examined. Webb handed the half-sovereign to me—I
gave it to the sergeant—Webb was by—the half-sovereign was not out of my sight.
Cross-examined. Q. Did you say one word to the Magistrate about your showing it to Webb, and his giving it to you again? A. Yes; I did—(the witness's deposition being read, stated, "Hewson gave me a half-sovereign; the men left the house, but had not left the yard; this is the half-sovereign")—there is nothing about it there—I do not think that I said it.
FRANCIS CONNOR . I was at the George Inn on 21st Sept.—I went and took Wood, and gave him to Webb—the prisoners were together—I then went and took Hewson, who had walked on as fast as he could—I told him to come back—he said he would not—I said he must—he said he would be d—d if he would—I collared him and brought him back—I asked him to return the money he had had from Mrs. Bennett—he said he would, putting his hand into his pocket—Mrs. Bennett said, "You shan't have the half-sovereign."
Hewson. Q. Did you not say, "Have you not been to the Old George?" and I said I did not know where it was; and you said, "I think you are the party, and if you are not I will stand a bottle of wine;" and I said, "I never drink wine?" A. No.
ELIZABETH BENNETT . I am the daughter of Mrs. Bennett. I know Hewson—he gave me a counterfeit half-crown about a fortnight before the passing of the half-sovereign—I took it as good, and gave him 2s. 4d. change—I put it into my pocket—I found it was bad in a few minutes after, and I put it into the fire.
Hewson. You said that you found it out in about an hour, and now you say in a few minutes. Witness. It might be an hour.
GEORGE MOLLTNEUX (City-policeman, 293). On 21st Sept. I took the prisoners—I found on Hewson a tobacco-box, 2s. 2 1/2d., a watch, and a knife and a key—he gave me his address, No. 16, Praed-street, and Wood said No. 30, Leonard-street, St. Luke's—I have been, and could not hear of either of them—Hewson said, if Mrs. Bennett would give back the half-sovereign he would return the money—the half-sovereign was taken to the station and given to the sergeant by Mrs. Bennett, in Webb's presence—this is the money.
Hewson. I had not been in Mrs. Bennett's house on the day that she says I passed the half-sovereign.
WOOD— GUILTY .† Aged 31.
HEWSON— GUILTY .† Aged 36.
Confined Twelve Months.
NOT GUILTY .
MESSRS. ELLIS and CLERK conducted the Prosecution.
RUSSELL POOLE . I am landlord of the Rose and Crown, in Bartholomew close. On 13th Sept., about a quarter-past five o'clock, two men came in whom I cannot recognize—one was taller than the other—they had half a quartern of gin, and the tallest of them gave me a half-crown—I gave him 2s. 4d. change—I gave it to Low, who was at the bar, and said, "Is this
good?" and he said, "Yes it is"—I then pat it into the till where there was no other, went in the parlour and told my wife—after the half-crown had been in the till about five minutes I looked at it again and gave it to my wife.
Cross-examined by MR. ROBINSON. Q. How many persons have you in your employ? A. Only my potman—there was some small change in my till, five or six shillings, and some sixpences with them, and there might have been some 4d.-pieces—Hutchings asked the address of a Mr. Griffin—fire minutes elapsed from the time I put the half-crown into the till, till I took it out again—during that time I was in the parlour.
MR. CLERK. Q. Where is the till? A. In the bar—I went in the parlour—Mrs. Poole had sight of the till—there was no one else serving in the bar—there was nothing else served, to the beet of my knowledge.
WILLIAM LOW . I live in Aldermanbury. On 13th Sept. I was in Mr. Poole's house—I saw the two prisoners come in—I saw Mr. Poole serve one of them, and Hutchings give him a half-crown—I told him I thought it was goods—when it was put into the till Hutchings asked me if I knew a person of the name of Griffin—I told him I believed I did, and he lived in John-street—I found afterwards that it was a mistake of mine, and I ran after Hutchings to tell him so, but I could not find him—I am sure the prisoners are the persons—I had never seen them before.
Perrin. Q. How long was it before you ran after us? A. About two minutes; I then went back to the house, and stopped about five minutes.
SOPHIA POOLE . I am the wife of Russell Poole. I saw two men come to the house on 13th Sept.—I saw my husband take a half-crown—it was just dusk—there was no one but my husband there—I afterwards took a sixpence, and discovered the bad half-crown, and ran into the parlour to my husband—there was no other half-crown in the till, only shillings and sixpences—I took the half-crown, and looked at it at the gas—I told my husband, and gave it him, and he gave it me back—I gave it to the policeman next day.
Cross-examined. Q. Where was your niece? A. She was not there—the sixpence was the only one I changed during the absence of my husband.
JOHN GRIFFIN . I keep the White Horse, in Little Britain. On the evening of 13th Sept. I saw the prisoners and another person in my house—Hutchings asked for half a quartern of gin—I had known him before at Westminster—I never knew anything bad of him—he seemed surprised to see me, and said he could not believe his eyes—he said, "Is not your name Griffin?"—I said, "Yes"—he said, "Did not you live at Westminster?"—I said, "Yes, you know that very well"—he gave a half-crown for the gin, and I noticed it was very black and dirty—I placed it on a partition in the parlour—the prisoners were there talking with me about five minutes—I noticed that the half-crown was bad, and went after them, just after they went out—they were standing, talking, and their hands were passing some-thing from one to the other—I came up, and said to Hutchings, "Mark, you have given me a bad half-crown; if you will give me back my change, I don't want any bother"—he made no answer—I said I should take him—I gave him to the officer, and the other two walked off—Perrin walked to the corner, and then he ran—I ran and took him.
Cross-examined. Q. How far did Perrin run? A. It might be fifty or sixty yards—when they came, Hutchings asked for the gin—they all drank a portion of it—I knew nothing bad of Hutchings—he owed me a little, I cannot tell exactly what—I saw all their hands move—they were standing in a circle, apparently dividing the money, about ten yards from my house—I took the half-crown from the partition directly they went out.
Perrin. Q. You say that I ran? A. Yes; I came up with you in two or three minutes—you did not run very fast.
Perrin's Defence. I met Hutchings, and we went to have a little gin; I had no money about me; I had just come from the marshes at Plumstead; he gave me some steak and a pot of beer; he then met a man he owed some money to; we all went into Griffin's; we came out, and Griffin came to them; I did not hear what they had to say; I walked on, and stopped at the corner of a gateway; Griffin came, and said, "I want you; come back;" I went back, and he took me to the station; I had no bad money; I am quite innocent.
HUTCHINGS— GUILTY . Aged 41.— Confined Eight Months.
PERRIN— GUILTY .* Aged 51.— Confined Twelve Months.
MESSRS. ELLIS and CLERK conducted the Prosecution.
DAVID JONES . I keep the Adam and Eve, in Jewin-street. On 13th Sept., about seven o'clock in the evening, the prisoner came for a glass of gin, and threw a shilling on the counter—I took it up and said, "This is a very bad one"—there were marks on the head side—I gave it him back again—he said he did not know how he came by it—he gave me another shilling out of a green purse, and I gave him 6d. and 4d. change—I put that shilling in the drawer—there were neither shillings nor half-crowns there—I then took it to the window and drew my finger round the edge, threw it down and said it was bad, and asked the prisoner for my sixpence back, and took up the fourpence—he said he could not imagine how he came by it, and be said, "I did not give you this"—he did not drink the gin—I gave him back the shilling and he gave me the change, and went away—a policeman came in and I gave him information—he went after the prisoner, and he was brought back in a few minutes—the policeman had his hands on each side of the prisoner's head, and he said, "I will choke you if you don't put that out of your mouth"—he put his head down to the bar and a shilling dropped from his mouth: the officer took it up—one of these two shillings produced has got the marks that I saw on the head of the shilling that the prisoner offered me—the other shilling I had bent.
JOHN LEONARD (City-policeman, 621). On 13th Sept. I followed the prisoner and apprehended him—I asked where the bad money was that he tried to pass to the landlord—he said he had got no money—I told him to come back to the landlord and he would tell him a different story—just as I got him to the door he put something quickly into his mouth with a hand that I had previously seen in his trowsers pocket—I laid hold of him by the neck, and said if he did not put that money out of his mouth I would choke him—with some difficulty I got a shilling out of his mouth, I then searched him, and in the same pocket where I had seen his hand, I found another bad shilling, and 3 1/2d. in copper—the prisoner refused to give his name and address.
Prisoner. Q. Did I not go back with you quietly? A. Yes; I have your pocket-book here—it has some cards in it.
prisoner's Defence. I had been out all day, and called on several persons; I was travelling for a respectable house, and I gave my card; they might have known my address from the card in the pocket-book—I do not deny giving the shillings, but I did not know they were bad.
GUILTY . Aged 34.— Confined Six Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
ROBERT JERVIS . I am parish constable of Hillingdon. I know Mr. Thomas Home wood, a publican—I saw him last night, about nine o'clock—he was in bed—I believe he is not well enough to be here to-day—he has had a cold and inflammation—when his deposition was taken before the Magistrate the prisoners were present—they had an opportunity of cross-examining him.
Cross-examined by MR. PARRY. Q. Did be send to you for medical advice? A. No; I am a baker—I have not seen him this morning—I saw a medical man call on him on Saturday night and on Sunday morning.
COURT. Q. When did you see him before last night? A. I cannot answer—I believe he has been in bed two or three days—I inquired this morning, and heard he was very bad—I saw him on Saturday morning, about ten o'clock, in the tap-room, and I believe then he went to bed—he was sitting, unable to stand—he appeared very unwell indeed.
(The COURT would not permit his deposition to be read, not being satisfied that he could not travel.)
MARY ANN MILKS . My husband is a fruiterer, at Uxbridge. On Wednesday, 9th Oct., the prisoner Hooper came, about eleven o'clock—he asked for cigars—I told him I had not a cigar, and he asked for a cheroot, I gave him one—he gave me a shilling—I gave him 10d. change—I said I did not like the shilling—he said nothing, but took his change, and went out—I put the shilling into my pocket by itself—I gave it to Roadknight, about three o'clock in the afternoon—I marked it first.
JOHN ANSTET CHAVE . I am a chemist, at Uxbridge. On 9th Oct. Hooper came to my shop, about four o'clock in the afternoon, for a pennyworth of lip-salve—he paid with a shilling—I gave him change, and he went away—Roadknight came about twenty minutes after—I looked into the till, and discovered that the shilling was bad—I know it was the one Hooper gave me, because just before he came I had made a payment, and taken out all the shillings that were in the till—there was one other shilling in the till which I had just put in, which had been left on the counter about ten minutes—it was an old well-worn shilling of George III.—I knew the other well.
SARAH HYMAN . I am the wife of Richard Hyman, a tobacconist, at Uxbridge. On 9th Oct., about three o'clock, Ullmer came for a cheroot, and gave me a shilling—I gave him 10 1/2d. change, and he left—I then bit the shilling, and gave it to my husband.
Cross-examined. Q. Was any one else in the shop? A. No, only my servant, who was with the children—I had never seen Hooper before, to my knowledge—I first bit the shilling, and gave it to my husband—I took it to a neighbour, and he weighed it, and said it was light—I then took it back, and gave it to my husband.
o'clock—he asked for a cheroot—it came to 2d.—he gave me a bad shilling—I gave him 10d. change, and put the shilling into the till, where there was no other—in about five minutes afterwards I found it was bad—it was then the only shilling in the till—I fancied that I had seen Ullmer before, at the Three Legs—I went to the Three Legs, which is about 150 yards from my house—I waited there about ten minutes, and Ullmer and Hooper came in—I had my bad shilling in my hand at that time—I asked Ullmer how many of that sort he had got—he said he dare say he had got a good many of them—when he looked at it in my band he said it was bad—while I was talking, Mrs. Wareham, the landlady, came in—she said she had got a bad shilling too—Mr. Hyman was in there, and he said he had got a bad shilling too—be produced his shilling; I produced mine, and Mrs. Wareham produced hers—they were thrown on the table, and Hooper took them up—Ullmer gave a shilling each for each of the bad shillings, from a puree in his pocket—he said it was not worth while making a fuss about the bad shillings—he said he knew nothing about them—each of us took our good shillings—I had marked my bad shilling by a bite before I put it on the table—Mrs. Wareham then said, "I have got another bad shilling"—she brought it—I took possession it, and gave it to the officer.
Cross-examined. Q. When Hooper took the bad shillings, what became of him? A. He left the place; he was gone five or ten minutes—Mrs. Wareham went and brought in a fourth shilling—I suppose she wanted to get a good one for that—Ullmer produced a purse-full of silver, and he said, "You don't see any bad money here."
RICHARD HYMAN . I am a tobacconist. On 9th Oct. I received a bad shilling from my wife—I went first to Mr. Stones', and then to the Three Legs—after waiting about ten minutes, the prisoners came in together—Mr. Stone was with me—he showed the shilling to Ullmer, and asked how many of these he had got—he said, "Very likely twenty or thirty," and he pulled out his bag of money—I got a good shilling for the bad one I had from my wife—Mrs. Wareham had a counterfeit shilling—I saw Hooper take the bad shillings, and go out with them—Mrs. Wareham then brought a second shilling—Ullmer said that, by his giving good money for bad, people were doing as they liked with him—we said he ought to be given into custody for passing bad money.
HENRIETTA WAREHAM . I keep the Three Legs public-house, at Uxbridge. On 9th Oct. the two policemen came to my house, between eleven and twelve o'clock in a horse and cart, and put up at my house—Ullmer had fourpenny-worth of rum and water, and Hooper had a pint of beer—Ullmer left, and Hooper paid for what they both had—when I took him in the pint of beer it came to 6d.—he paid me with a shilling—in a few minutes Ullmer came back and brought in a steak, and asked if I would cook it—I said, "Yes"—he gave me a shilling for cooking it—the prisoners were in and out nearly all day—between three and four Mr. Stone and Mr. Hyman came—while they were there the policeman came in—Mr. Stone and Mr. Hyman produced bad shillings, and I produced a bad shilling out of a little bowl that I keep silver in—I had placed the first shilling that I took from the prisoners, in the bowl—there was then only one other shilling there, which was a crooked one—I placed the second shilling in the same bowl—the two shillings that I took into the tap-room I took from that bowl—they were the only shillings that were there beside the crooked one—I got a good shilling from Ullmer for the second shilling that I took to him, but he made a good many remarks—he said, "It is a pack of nonsense," and he said he had given me a good shilling—he
was a little angry and bounceable with me—be gave me a good shilling at last
Cross-examined. Q. You knew Ullmer? A. He had been at my house nine days or a fortnight before—he baited at my house—he had a man with him—he told me the first time he came that it was fifteen years since he was at Uxbridge—when he came the second time there were some baskets in the cart, I believe—he was lying down for about ten minutes while Hooper was out—they then went out together—I cannot say whether he had slept for an hour—I saw him asleep in my tap-room—he might be a little in liquor—he pulled out a great deal of money which I thought was unguarded for a man to do if he had not been in liquor.
LUCY SYRED . I live at Uxbridge. On Wednesday the 9th Oct. I saw Hooper between three and four o'clock, coming up the hill near the Three Legs—I saw him take a purse or a bag and stoop down as if he were hiding something—I am sure Hooper is the man—I told Roadknight, and I saw him find a bag in the place that I pointed out.
RICHARD ROADKNIOHT (police-sergeant, T 11). On Wednesday 9th Oct. I was sent for to the Three Legs, at a quarter before four o'clock—I saw the prisoners there—I went to the shop of Mr. Chave—I received this shilling from him—I received this shilling from Mrs. Miles—I afterwards went to a place pointed out by Mrs. Syred, where I found this bag containing twenty-four counterfeit shillings, and 4s. 11d. in good money—a good half-crown, two sixpences, a fourpenny-piece, and some coppers—one of those counterfeit shillings was shown to Mr. Stone, and another to Mr. Hyman—as I was taking the prisoners to the gaol, Ullmer said to Hooper, "Why don't you tell the truth, you know the money I passed I had from you"—Hooper said the good money was his, and the bad belonged to Ullmer—he said he picked it up near the Yorkshire Stingo in the very bag that was produced before the Magistrate—I found thirteen shillings' worth of halfpence in the cart—there was a purse found on Ullmer, which contained 3l. 13s. in good money, and one bad shilling.
Cross-examined. Q. Was there a basket in the cart? A. Yes, a small one, containing several penny loaves, some bits of cheese, and some cigars—there was no fruit in it.
WILLLAM WEBSTER . These shillings are all counterfeit, and four of them we of William IV., and are of the same pattern and mould—this broken one is also bad—this shilling passed to Mr. Stone is bad: and this passed to Mr. Hyman—they are Victorias of 1846, and are from the same mould—here are eight in a paper of Victoria 1846—they are the same patterns and mould as the other two—the counterfeit shilling found on Ullmer is of William IV., 1837—it is the same as the other fourteen.
Hooper, in a long defence, stated that Ullmer had engaged him that day to assist is delivering some goods, and that the money he passed he received from
him, not knowing it was bad, and that when the parties came to the public, house Ullmer directed him to go and hide the bag.
(Ullmer received a good character.)
ULLMER— GUILTY . Aged 52.
HOOPER— GUILLY . Aged 18.
Confined Twelve Months.
GUILTY . Aged 18.— Confined Two Months.
CHARLES WINKFIELD . I am in Mr. Dearloves' service—I take care of his geese, and all his things. On 18th Sept. I counted his geese, and there were seventeen—on 22nd I missed three—I knew the geese that I missed; one of them had only one eye—I saw three dead geese afterwards, the same day—I knew them—they were my master's—I could swear to them—I saw the prisoners outside my master's premises, sitting on the dunghill.
GEORGE DEAN . I am thirteen years old, and am in the employ of Mr. Dearlove. On a Friday night in Sept. I counted his geese, and there were seventeen—I knew them well; one had only one eye—I counted them again on the Sunday, and there were but fourteen.
WILLIAM HAY . I am a hawker, at Uxbridge. On Saturday morning, 21st Sept., about half-past ten o'clock, I saw the two prisoners on the moor, about half a mile from Mr. Dearloves' farm, and another person with them—I saw Stent again in the evening near the same place, on the moor—when I saw the three persons they came up to me, and asked me if I would buy geese—I said, "No, I am not a buyer of geese"—I afterwards saw Stent with a bag on his shoulder, coming in a direction from Mr. Dearloves' farm—Coker was with him—about two hours afterwards I saw Coker and Grant (the other man) at Mr. Lady man's beer-shop—I heard Mrs. Ladyman order them to go from the beer-shop—I beard one say, "I will put them in the celery trench"—I have seen a bag since, very much like that which Stent had.
ELIZA LADYMAN . I am the wife of Thomas Ladyman—we keep a beershop at Uxbridge-moor. On 9th Sept. I saw Coker and Grant together—they were talking together, I heard them—they could not see me; they said they would have a duck or two off the water—I knew there were no ducks there but ours—on the Saturday morning, the 21st, Stent, Coker, and Grant came to my house—I asked what they wanted—they said they had got geese for sale—I said, "You take them off my premises as quickly as you can"—they took them away.
WILLIAM BEECHEY (policeman, T 182). In consequence of what I heard I went and searched on Saturday night, 21st Sept., about half-past nine o'clock—I found three geese in a bag, buried in a celery trench—Winkfield has seen and sworn to them before the Magistrate—I watched the place, and about a quarter before seven the next morning I saw the two prisoners and Grant coming in a direction towards the garden where the geese had been.
prisoners coming towards the garden—I afterwards missed them—we could not find them till 3rd Oct., when I took them together—I told them what they were charged with—they denied all knowledge of it, and said they had never offered any for sale.
Coker's Defence. I did not take any geese there.
Stent's Defence. I never was near Mr. Lady man's house.
COKER— GUILTY . Aged 19.
STENT— GUILTY . Aged 20.
Confined Six Months.
OLD COURT.—Wednesday, October 23rd, 1850.
PRESENT—The Right Hon. LORD MAYOR; Lord Chief Baron Pol-lock; Mr. Justice ERLE; Mr. Ald. GIBBS; Mr. Ald. WILLIAM HUNTER; and Mr. Ald. CHALLIS.
Before Lord Chief Baron Pollock and the Third Jury.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
WALTER ROBERTSON SCULTHORPE . I am one of the presidents of the London district offices of the General Post-office. On Saturday, 28th Sept., for reasons I had, I made up this letter (produced), and put into it a half-sovereign—I sealed it as it is sealed now, and saw it addressed to "Miss Mary Ann Ingram, Cliff-terrace, near Clifton-bars, Margate, Kent"—I then gave it to Peak, the officer, and directed him to post it at the Tottenham North-office on Monday morning—if it was posted at half-past seven on Monday morning, it would be forwarded by the mail-cart to the principal office at Tottenham, where it would arrive about ten o'clock—it would then be placed in the London bag, and forwarded to the chief office in London—on Monday morning, 30th, I proceeded to Stamford-hill—I got there about ten o'clock—I there met the mail-cart that was bringing the bag from Tottenham—I took possession of the bag, and opened it—it did not contain this letter—I then went with Peak and Mr. Cole, one of the inspectors of letter-carriers, to the principal office at Tottenham, at which the prisoner was employed as a letter-carrier—I arrived there about half-past ten—I saw the prisoner leave the office, and when he had got about fifty yards I stopped him, and asked whether he bad cut open the Tottenham North-office bag that morning—I meant merely opened it in the usual course—he said, "No, Bowers did"—(he is another letter-carrier employed in the same office)—I asked whether he had sorted any of the letters—he said he had—I told him there was a money-letter missing—he made no answer—I then directed Peak to search him, and I saw him take this letter out of the inner pocket of his coat—it was in the same state as it is now, unopened—I then said to the prisoner, "How do you account for having this letter in your pocket?"—he said, "I did not know it was there"—I then gave him into custody—the letter bears the stamp of the North Tottenham-office—there is no date to it—(the witness here opened the letter, and it contained a half-sovereign)—this is my half-sovereign—I put some mark on it—the prisoner would in sorting the letters have the opportunity of seeing the letter, and taking it if so minded—it has not been opened till the present moment.
Cross-examined by MR. WOOLLETT. Q. Is there such a person at Miss Ingram, of Cliff-terrace? A. There is not; it was a fictitious name—I cannot say whether Peak knew there had been any irregularities—I merely gave him the letter, with instructions to put it into the post—he could form a very good idea for what object it was—I did not tell him anything; I told him to post that letter at such a time—I had many times instructed him to post letters for me—after the letter was posted by Peak, it would be taken out of the letter-box, by the receiver at Tottenham North-office, and tied up in a bundle—it would then come into the hands of Bowers and the prisoner—there are four letter-carriers employed there—I cannot say which of the four it would come to—when I got to Tottenham I entered the office in company with Peak and Mr. Cole—Peak was in plain clothes—I cannot say whether the men would know that Peak was an officer; he has been an officer twenty years, and a great many years belonging to the Post-office—when I entered there was only one person in the room, Ellis, an old letter-carrier—the four letter-carriers would be the only persons who would enter that room from the time the letter reached the office to the time I went there—their names are Ellis, Bowers, the prisoner, and Cates—they would all have access to the letters—the letter was found in the inner tail-pocket of the prisoner's official coat—he has been thirteen years in the service, of the Post-office.
MR. BODKIN. Q. On finding the bag did not contain the letter you looked for, you went to the chief office at Tottenham? A. I did; I waited outside till the prisoner came out—the persons in the office had no opportunity of seeing me waiting outside—two other letter-carriers came out, within two or three minutes of each other—the prisoner was the second—he was under my sight from the moment he came out till I went up to him—Peak was at the other side of the office—Mr. Cole was standing with me—the persons in the office would not have an opportunity of seeing Peak—I saw no communication whatever take place between either of the other letter-carriers that came out and the prisoner.
MATTHEW PEAK . On Saturday, 28th Sept., I received this letter from Mr. Sculthorpe—in consequence of directions from him, I retained it till Monday morning, and then, about twenty minutes past seven, I dropped it into the letter-box-at the North-office, Tottenham—I was afterwards, on the same morning, at the principal office at Tottenham—in consequence of directions from Mr. Sculthorpe I searched the prisoner, and found this letter, with the seal unbroken, in his left inside coat-pocket—I then took him into custody.
Cross-examined. Q. There was no outside pocket was there? A. Not that I am aware of—when we first went to the office at Tottenham, I remained about 100 yards off, behind a wall—the sorting-room is in the shop—there are windows to it—I should think any person in the room could see any person moving outside—Mr. Cole has been in the Post-office twenty-five years—I should think he would be well known.
DIANA BENISON . I live with my son, who keeps the North Post-office at Tottenham. I attend to the post-office business—this letter bears the mark of our office—on Monday morning, 30th Sept., I made up the bag—I always begin at half-past nine o'clock, and between that and a little before ten the bag is done—the mail-cart comes for it a little before ten—I delivered the bag to the driver of the mail-cart in the ordinary way—the bag contained all the letters that had been posted at our office that morning.
of the letter-carriers at the same office—he was on duty on the morning of 30th Sept.—I saw him assist in sorting the letters which arrived in the mailbag from the North-office at Tottenham—the local letters are separated from those that are to go to London—a letter for Margate in that bag might come into the prisoner's hands in sorting—if it did, it would be his duty to tie it up and put it into the bag going to London by the mail-cart—the cart leaves the principal office about five minutes past ten, and goes over by Stamford-hill.
Cross-examined. Q. You were not before the Magistrate, I believe? A. No.
—BOWERS. I am one of the assistant letter-carriers at the principal office at Tottenham. On Monday, 30th Sept., I cut the string of the bag that came from the North-office that morning—the prisoner and Cates were there—all three of us were assisting.
GUILTY.—Recommended to mercy by the Jury on account of his previous
good character.— Transported for Ten Tears.
Before Mr. Justice Erle.
MR. CLARKSON conducted the Prosecution.
CHARLES KEYSER . I am a stock-jobber. On 30th July the prisoner was in my service—it was a part of his duty to keep a book, as a check to the bankers' pass-book—this is it (produced) and here is the bankers' pass-book—it was his duty to fill up checks overnight, previous to the settling-day, for me to sign in the morning—it was his duty to get from Lubbock and Co., my bankers, a blank check-book when I wanted it—they were in the habit of returning cancelled checks every week—it was the prisoner's duty to fetch the passbook with the cancelled checks, and to check them with the entries in my own duplicate pass-book, and tick them off—on 30th July I am debited in the bankers' pass-book with 20l., which is not entered in the prisoner's book—that book is in his writing—the check appears to have been drawn on self—I drew no check in favour of "self" for 20l. on 30th July—I never authorised the prisoner to draw, sign, or receive any such check—if any such check came to his hands, either paid or otherwise, it would be his duty to account for it in the book—I obtained these two 5l.-notes (produced) horn my bankers somewhere in Sept.—one has on it "R. H. Cooper, July 3lst, 1850."
Cross-examined by MR. PARRY. Q. How many clerks do you keep? A. Only the prisoner—other clerks have not fetched cancelled checks for me from the bankers, since the prisoner has been with me—I may have employed the clerk of a friend on the Stock Exchange to go to the bankers for me, but if any clerk went to the bankers for me, it would probably be at the prisoner's request—I draw a great many checks in the course of a day—I may have drawn fifty, but that is not the average, it is from ten to fifty—I draw them on a desk in the Change—each clerk has his seat—I may draw checks in a hurry—I never omitted to enter one for any time together—every single check which is drawn is dealt with by me afterwards, and put to its proper account—I keep books myself, and should find out whether I had entered it—I do not recollect ever omitting to enter one—the checks are written as fast as they can be, and immediately handed over to me—my check-book is at the Stock Exchange—to the best of my recollection I have not signed blank checks since the prisoner has been with me, which is two years—he could get a check-book whenever he thought it was wanted, without any verbal or written order from me—the bankers had general authority to give it to him—
I keep my check-book in a drawer in a desk in the Exchange—the prisoner had the key and would leave it in the drawer for me if he had to go away—there are about 800 persons in the Stock Exchange—I hare bad two checkbooks at a time, I do no think I have had three—the prisoner had no authority to sign checks for me—he had to fill them up every day for me to sign—an entry is made in the margin at the time the check is drawn—the prisoner is seventeen or eighteen years old—his salary was 100l. a year—he was recommended to me by Mr. Ricardo, who is a friend of his—there is great noise and confusion in the Exchange at times.
MR. CLARKSON. Q. What would a check on "self" denote? A. That it was drawn for my own private expenses—the prisoner took the cheek-book home once a month, but brought it back next morning—I keep the checks after I have examined them with my pass-book, and destroy the counterfoils—if, in the ordinary course of business, I drew a check on "self," on 30th July, I should have the check itself—I am sure I never drew one—I enter every check in a book which I keep myself.
THOMAS BRIGGS . I am a clerk, at Messrs. Lubbock's. There is a partner named Sir John William Lubbock, Bart.—there are others—Mr. Keyaer keeps an account there—on 30th July I paid a check for 20l. to the prisoner, over the counter—I gave him two 5l. notes, 78407 and 78408, both dated 1st July, and 10l. in gold—this is one of the notes (looking at it)—it is the custom to return paid checks to the customer—it was the prisoner's custom to receive his master's pass-book each week, with the paid checks.
Cross-examined. Q. Do yon hand cancelled checks back? A. Yes; when the pass-book is asked for the checks are put into the pocket, but not by me; they pass through three or four hands before they are returned—they are entered in the pass-book by the juniors—no one but the prisoner ever received Mr. Keyser's pass-book, to my knowledge—I do not always hand it back; there are four cashiers, I am one—when check-books are asked for, I generally give them without any order in writing—I take no signature from the parties for them—if any one beside the prisoner asked me for a cheek-book for Mr. Keyer, I should not give it to them, not even if I knew him to be the clerk of a person on the Stock Exchange, unless he brought an order—the entry is, "20l. paid clerk"—I am certain I paid it to the prisoner, but have no recollection of it independent of the entry in the book.
COURT. Q. When checks are paid over the counter, what is done with them? A. They are placed on a file, and the pass-book is made up from them; they are then placed behind cards, in a box, with the name of each customer, and three or four days afterwards are taken out—when the book is wanted, the ledger-keeper takes the checks from behind the cards, and compares them with the ledger; they are then placed in the book sideways, not in the pocket, but for the junior clerk to write them off on the debit side, place the checks in the pocket, and give them to the ledger-keeper to compare the book with the ledger—after the ledger-keeper has compared the book, he places it in a drawer for the cashier to give up when it is inquired for.
JOHN FARRELL . I am junior clerk at Lubbock's. On 30th July I find in this pass-book, "Self, 20l." in my writing—I made that entry from the check itself, and then put it into the pocket of the pass-book.
Cross-examined. Q. Have you any recollection of the matter, except from seeing your writing there? A. No—1 find the check placed in the book with others—the person who places it there gets it from the voucher-box—it has already been entered in the ledger before it comes to me—after
I have made the entries, I put the checks into the pocket, and it goes back to the ledger-clerk, to see whether it corresponds with the ledger—it it then put into the drawer for the cashier to deliver up.
MR. CLARKSON. Q. Has the ledger-clerk anything to do beyond examining your entry with the pass-book, or has he anything to do with the check at all? A. Not unless I enter it wrong—it would remain in the pocket till the customer sends for it.
EDWARD CRUTTAELL STRINGER . I am a clerk hi the house of Heron and Co., wholesale druggists, 95, Bishopsgate-street. Mr. Robert Hawkins Cooper, a chemist, was a customer of ours in July last. This 5l. note has on it my writing, "R. H. Cooper, July 31"—I received 20l. from him on that day, of which this note formed a part—the firm have no other customer of that name.
Cross-examined. Q. Are you positive about that note? A. I have no doubt about it.
ROBERT HAWKINS COOPER . I am a chemist, of 20, Royal Exchange. On 31st July, I owed Heron and Co. 20l.; I paid them that day—the prisoner was a customer of mine, and owed me 2l. 1s.—he paid me on the same day, and I believe this must be the 5l.-note he gave me—I handed it to Mr. Stringer—I had no recollection of the manner in which I was paid, when first asked.
Cross-examined. Q. Did not you say you thought yon were paid in gold? A. I did rather incline to that opinion at that time, but at Guildhall I said I thought it must have been a 5l.-note; and when Mr. Keyser told me he had traced it to me, I had no doubt of it—I said two or three times I thought he paid me in gold—I said I had no recollection of receiving a 5l.-note from him—I knew him by a different name, because I was treating him for a delicate matter—it was two or three weeks afterwards I saw Mr. Keyser—I said I had no recollection of whom he was speaking—a gentleman did call on me, and say, "Tell me the honest truth, was it gold or not?"—and I said, "I believe it was gold"—if the note had not been so clearly traced to me, 1 should still say he paid me in gold.
CHARLES PILL . I am one of the clerks in Messrs. Lubbock's house; I know the prisoner as Mr. Keyser's clerk. On 9th July, I delivered him a blank check-book—I have a memorandum of it in my own writing, "July 9th, No. 33—150 checks; Charles Keyser"—this is the check-book (produced) 110 of them are gone, counterfoils and all, only forty remain.
JOHN WALTER HINLEY . I live at 42, Hernmingford-terrace, Islington. The prisoner lodged with me in July, and afterwards—a policeman came in Sept. and searched the prisoner's lodgings—I saw him examine a dressingcase which was brought up from the prisoner's sister's room—he produced a key and unlocked it—I saw him find a check-book in it.
ROBERT TAYLOR (City-policeman, 144). On 31st Aug. I took the prisoner—I got some keys from him at the station, and on 6th Sept. went to Mr. Henley's and opened a dressing-case with one of them, and under a secret bottom which was let in, and which I had great difficulty in getting out, I found the check-book produced—as I took him from Guildhall to the Compter that day, he said, "I believe you are going to search my lodgings?"—I said, "How do you know that, did you hear the Magistrate tell me?"—he said, "Yes; don't let my sister go up with you into the room"—I said, "Are you afraid 1 shall find any checks there?" or "Have you any checks
there?" I forget which—he hesitated a moment, and then said, "I had a check, but I think I destroyed it"—I found on him no check for 20l. of 31st July.
Cross-examined. Q. This is the first time you have mentioned that conversation? A. Yes; the Magistrate remanded the case for the purpose of the prisoner's lodging being searched—the Magistrate called me on one side, and asked me if I had searched it, not loud enough, as I thought, for the prisoner to hear—the prisoner said, "Don't let my sister go up into my bed-room"—there were some medicine bottles there.
WILLIAM HENRY POLLARD . I am one of the clerks to Mr. Hobler, the attorney for the prosecution. On 18th Sept., during the last Sessions, I served on the prisoner in Newgate a notice, and on 22nd Oct., during this Sessions, I served him with another, a copy of the former—this is a copy (produced).
Cross-examined. Q. Did you serve the notice last Session personally? A. Yes; but the one this Session I gave to the turnkey at the door. (These being read, were notices to produce upon the trial a check for 20l., dated 30th July, 1850, and all other documents in his possession relating to the case. MR. PARRY submitted that the notices were bad; the first, as it did not call on the prisoner to produce anything at the present Session, and the second because not served personally on him, but left at the gaol, while he was a prisoner, and therefore unable to take any steps towards its production; further he urged that secondary evidence could not be given of the contents of the check, it not being clearly traced to his possession, which it ought to be before he could be expected to obey a notice to produce it. MR. JUSTICE ERLE was of opinion that the objections must fail; the evidence supported the fact, that in the regular course of business the check would come into the prisoner's possession; and the notice served on the prisoner in gaol, entitled the prosecutor, in the absence of the document, to give secondary evidence of its contents; for although the prisoner was not a free agent, he had the means of communicating with his legal adviser, and through him, obtaining it; a notice was as binding upon a prisoner as it would be if served on a party bed-ridden or incapable of moving.
) MR. CLARKSON to MR. KEYSER. Q. What was the signature to the check to the best of your recollection? A, "C. Keyser."
MR. PARRY. Q. And it was paid by you with the belief that it was drawn by Mr. Keyser? A. Yes.
GUILTY of Uttering. Aged 18.—Strongly recommended to mercy by the Jury and Prosecutor, — Transported
for Seven Years.
NEW COURT.—Wednesday, October 23rd, 1850.
PRESENT.—Mr. Ald. KELLY; Mr. RECORDER; and Mr. Ald. MOON.
Before Mr. Recorder and the Fifth Jury.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 21.— Confined Three Months.
MR. HUDDLESTON conducted the Prosecution.
THOMAS GANNON . I am a grocer, of Duke-street, Lincoln's-inn-fields. About two years ago the two prisoners, and another person with them, came to my shop—Jones asked me for two ounces of tea and one pound of sugar—they came to 1s. 1 1/2d.—Jones laid down a sovereign, and said, "How much do they come to?"—I said, "1s. 1 1/2d."—she said, "Can you give me a half-sovereign, two half-crowns, and the rest in small silver?"—I had not that kind of change in my till; I went to my cash-box, almost within reach of my hand, and got the change in the manner that they required—I put down the change on the counter—Jones then said, "How much ie this lump-sugar?"—I said, "6d. a pound, it is the best"—the turned to consult with the other, and she said, "The lady we come for is very particular about a halfpenny or a penny," and she would not take it—I took the sugar from the counter, and placed it back in the hole where I took it from—I had to go about a yard to put the sugar back, and I had to turn my back to them—the sovereign and the change were then left on the counter—when I turned to the counter again, Jones said, "Is your coffee pretty good?"—I said, "Yes" she said, "Let me have two ounces"—I ground two ounces; and when I returned to the counter, Stone and her held a conference together—she said, "Well, about this sugar; it is not worth while to go to another shop about this pound of sugar; I will take one pound; and if she makes any words about it, I will pay the halfpenny or penny out of my own pocket, and I will never go out again for her"—she then said, "Let me have one pound of sugar"—I got one pound of sugar back again; I placed it on die counter; I then reckoned the goods up—it made a little alteration in the change, from their having the coffee—I said, "Where is the sovereign?"—Jones said, "You have taken it up, Sir"—I said I had not—Jones persisted in it that I had, and she appealed to the other, and said, "Did not you see it?"—Stone then laid, "You took it up, don't you remember? when I gave you the loafsugar back, you took it up"—I persisted that I had not taken it—they appealed one to the other, and persisted that I had—I had no shopman or other person there, and they went away—I then looked about in my cash-box, and my till, and my pocket, and I could not find it—I am satisfied that I had not had it—about six months afterwards the two prisoners came again, not the third person—they asked for tea and sugar, and laid a sovereign on the counter, and wanted change—I did not know them till the moment when I wanted to take up the sovereign—I laid the change down, and said, "Where is the sovereign?" and they said I had taken it up—I then looked at Jones, and said, "You are the very woman that robbed me about six months ago"—I said to my shopman, "Go directly to Bow-street, and get an officer"—there was no sovereign on the counter then, there had been—when my shopman had got his apron off and his bat on, to go, Jones stooped down, and lifted up a sovereign, and said, "Here it is; now see what trouble (I think she said) you might have got the gentleman into by saying he took it, and here it is"—I think Stone said, "We might have got into trouble through your saying the gentleman took the sovereign up when he did not"—I got the sovereign from Jones, and I thought I would not take the trouble of doing anything—I think Stone said, "Perhaps you knocked it down with your shawl."
Cross-examined by MR. PARRY. Q. Had you ever seen the prisoners before? A. No; it is about eighteen months ago since I saw them the second time—when they put the sovereign on the counter I did not take it up, I brought the change to them—I can undertake to say that I gave them
a half-sovereign and two half-crowns, without a doubt—it all occurred in the space of five or ten minutes—I had never been persuaded that I had taken up a sovereign before, but I have a half-crown—there are lots of these persons about—I am sure these are the persons—my attention was particularly directed to them when the altercation took place about the sovereign the second time.
JONES— GUILTY . Aged 21.
STONE— GUILTY . Aged 20.
Guilty of stealing the sovereign— Confined Six Months.
MR. HUDDLESTON conducted the Prosecution.
HANNAH HARDIMAN . I am the wife of William Banks Hardiman, of Southampton-street, Caraberwell. On 14th Sept. the prisoners came to our shop about three o'clock—Jones asked for a bottle of pickled onions—I served her—she then asked if I had any mixed pickles—I said, "Yes"—she asked me to pick out a bottle that had most onions in it—I took down the pickles; they chose one bottle—Jones then said, "I suppose you can't give me change for a sovereign, can you?"—I said, "O yes, I can;" and she put a sovereign on the counter—I went up into the parlour to fetch the change; I took out 1l. worth of silver—I counted it before I brought it down, and then counted it down on the counter—there were three half-crowns in it—there was the full change—Jones moved it with her hand, and said, could I oblige her with more half-crowns instead of silver—I then went to the till and took out two half-crowns—I went to the counter and put them down, and went to take five shillings from the silver—I counted it over, and there were with the two half-crowns twenty-two shillings—there were three shillings gone—they had taken up the sovereign; I never saw it after I came down from the parlour—I counted the silver once or twice, and said, "It is very strange, here ought to have been twenty-five shillings, and here are only twenty-two"—Jones said, "You have got your own change, and two shillings too much"—I said I had not, I had three shillings short—Stone said it was quite right—I said it was not, I ought to have had three shillings more—my husband came into the shop, and Stone shuffled her hand beneath her shawl and took out of her pocket a handful of peppermint-drops, and some shillings mixed with them; she shook it in her hand, and she said, "I suppose this is your money?"—she said it as if she meant, "I suppose you will say this is your money"—I cannot say bow many shillings there were, there were more than three—we sent for the constable—after we had sent for him, Stone told Jones to give me the sovereign, that I might take the three shillings out of it, that they might not be detained.
Cross-examined by MR. PAYNE. Q. When was the sovereign put down on the counter? A. When they asked me to give them change—when I came down with the change the sovereign was not there—it was taken up while I was gone up—I did not ask them why they took the sovereign up—I am sure it did not get in any of the drawers, they were all closed—when I brought down the change I did not ask for the sovereign—I expected they would put it down—I was not gone above two minutes for the change—it was wrapped in separate papers, 1l. in each—I counted it before I brought it down—I am sure I did not drop any—I left the paper that the silver was in on the table—there was nothing on the counter but the bottle of pickles—it was Jones asked for the pickles, and she put down the sovereign, and she at first said I had got the right money—I am quite sure that Stone spoke—
she said it was all right—I am positive she said that—I believe the prisoners gave their right addresses at the station.
Cross-examined. Q. Did they give their right addresses? A. They did—Jones lodged at 53, Wellington-street, Blackfriars-road, and Stone, at 1, Grove-lane, New Cut, Lambeth.
Stone's Defence. I can give an account of the money found on me. I had pawned my ring for 15s., and paid Mr. Christy 6s. the day before, and I had 9s.
JONES— GUILTY .** Aged 21.
STONE— GUILTY . Aged 20.
Confined One Day.
(There were two other indictments against the prisoners.)
(MR. BODKIN offered no evidence.)
NOT GUILTY .
Before Russell Gurney, Esq.
GUILTY . Aged 22.— Transported for Seven Years.
MR. RTLAND conducted the Prosecution.
MICHAEL HATDON (City-police constable, 21). I and Brett were on duty on London-bridge, on 24th Sept., at twenty minutes before twelve o'clock at night—I saw the prisoners together, coming from Southwark towards the City—I saw the prosecutor going in the same direction—Lee went and laid bold of his arm—she walked a short distance with him, and sat down with him in a recess, where they remained about five minutes, Hawkins passing and repassing three times while they were there—Lee and the prosecutor then went down the steps into Thames-street, followed at a short distance by Hawkins—they turned up Pudding-lane, Hawkins remaining at the corner, peeping round—in about five minutes she joined Lee and the prosecutor—they all three walked up the lane—I placed myself in a situation to hear their voices, but I could not see them—in about five minutes I saw the two prisoners walking rather quickly up Pudding-lane towards Eastcheap—the prosecutor was walking in the same direction—I spoke to him, and in consequence of what he said I followed the prisoners, who had gone from Pudding-lane to East-cheap—I saw a woman's dress getting in a cab opposite the White Bear, near Cannon-street; it turned out to be the dress of one of the prisoners—I went towards it—the prosecutor followed to the cab—I opened the door and saw the two prisoners inside—I got in the cab and told them I was an officer, and I would trouble them for the watch they had robbed that gentleman of just now—they both denied any knowledge of the watch, repeatedly saying that they had not seen his watch, had not got his watch, and knew nothing of it—I took them to the station, and on the road I observed Hawkins moving backwards and forwards, twisting herself about, and placing her hands at the lower part of the front of her person—she seemed very uneasy—I held her hands, and took her to the station—the cab man said there in presence of the prison-ers that they both jumped into his cab, and desired him to drive on without telling him where to drive to—in consequence of suspicion I had from Hawkins's manner in the cab, I requested the inspector to have a person to watch
the prisoners during the night—the next morning I received this watch from Dr. Child.
SAMUEL RICHARDSON . On the night of 24th Sept. I was on London-bridge, about half-past eleven o'clock—I had a watch, and a chain and key attached to it—the watch was in my trowsers pocket, and the guard-chain round ray neck—I saw Lee about the centre of the bridge—she crossed the road and accosted me, and asked me to treat her—she walked by my side for some distance—we sat down in a recess, then proceeded down the steps and up Pudding-lane—I suppose she was in my company a quarter of an hour—I did not observe Hawkins till she joined us in Pudding-lane—after the prisoner left me the officer spoke to me—I was not aware of my loss till then—I then missed my watch—the prisoners had gone up Pudding-lane—I did not observe which way they had turned—the officers went in the same direction; I followed them—we made for the cab, and I saw the two prisoners in it—this is my watch.
Cross-examined by MR. BALLANTINE. Q. It was Lee spoke to you? A. Yes, and she was the one I sat down with for about two minutes—I sat down by her—my watch was in my trowsers pocket—she had not her hand in my trowsers pocket that I know of—Hawkins came near to me—I will not say whether she touched me—yes she did touch me; it might be about the vest; I cannot tell exactly—she had not her hand round my waist—I cannot say whether she might have taken out the watch, I think not—Hawkins was not so much with me as Lee was—I am not able to say that Hawkins did not take my watch from my pocket—my trowsers pocket was unbuttoned before they joined me—I never button the pockets.
COURT. Q. In which pocket was your watch? A. The left—when Hawkins came up to me in Pudding-lane she was on neither side; she confronted me—she stopped before me some time—we passed a little conversation.
LEE— NOT GUILTY .
JOHN HAYDON . I am a tailor, and live at Chelsea. On the evening of 8th Sept I went to a public-house in Sloane-street—I saw the prisoner before I went, and walked to the public-house with her—I had a watch and a chain, a coat and a waistcoat, and 14s. in money—the prisoner and I drank at the house and came out together—I had some conversation with her—when she was outside the door she took my bundle from me, and she took my watch and part of my chain—I had not the sense to say anything—I had drank but little, but it took an effect upon me—I followed her, but could not find her.
Prisoner. He asked me to carry the bundle for him. Witness. No, I did not—you were quite sober when I first saw you.
half-past ten o'clock, and the prisoner with him—I spoke to him, and told him he had better go home—(I saw he had been drinking)—the prisoner said, "I tell him so too"—I said, "You had better take his watch," for I saw it going out of his waistcoat—she said, "No, I won't take it; go and get it going gin"—I did, and we drank it—I went back to return the glass, and when I came out she was gone.
JOHN WALKER (policeman, R 298). Early in the morning of the 9th Oct. I received information—I went to a cab—I turned on my light, and saw the prisoner with a bundle—I asked her what she had got—she said her husband's clothes, which she brought from Knightsbridge, to vex him—I took her to the station, and when we got there I saw this watch down—I took it up.
Prisoner's Defence. I went to this prosecutor; he was drinking with another man; his friend went away, and he made me drink; he took me to another house, and made me have some more; I was in liquor; he asked me to carry his bundle, and I do not remember anything more.
GUILTY. Aged 33.—Recommended to mercy by the Jury. — Confined Three Months.
THIRD COURT.—Wednesday, October 23rd, 1850.
PRESENT—Mr. Ald. GIBBS; Mr. Ald. CHALLIS; Mr. Ald. WILLIAM HUNTER; Mr. Ald. MOON; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY . Aged 54.— Confined Four Months.
GUILTY . Aged 15.— Confined Four Months.
GUILTY . Aged 18.— Confined Four Months.
GUILTY on 2nd Count. — Confined Twelve Months.
GUILTY . Aged 14.— Transported for Seven Years.
Piccadilly—the prisoner was his carman. On 18th Sept. I watched, and saw him go to the extreme part of the warehouse, where he had no business to be, and take a paper of white wax out of a bin—I heard him break the string of the packet it was in—I allowed him to leave the premises, followed him, stopped him, and said I suspected him of taking a paper of white wax from the premises—he turned round, looked at me, and I said, "Will you allow me to look in that pocket you have your hand so carefully on?"—he then took out three or four cakes of white wax, and said that was all he had; it was his first offence—I took him to the station.
GUILTY . Aged 31.— Confined Four Months.
GUILTY. Aged 30.—Recommended to mercy by the Prosecutor.—
Confined Twelve Months.
GUILTY . Aged 18.— Confined Four Months.
GUILTY . Aged 20.— Confined Three Months.
1745. WALTER BLAKE and JEREMIAH STANSHAM , stealing 16 forks, 12 spoons, and 1 sauce-ladle, value 15l.; the goods of Edward Broughton, in his dwelling-house; Blake having been before convicted: to which BLAKE—pleaded GUILTY . Aged 18.— Transported for Seven Years.
STANSHAM—pleaded GUILTY . Aged 15.— Confined Twelve Months.
MARY ANN RICHES . I am daughter of George Riches, silk-mercer, of Enfield. On 4th Oct. the prisoner came to the shop and asked for a bonnetshape—Mary Ann Howe, who serves in the shop, went to get it, and while she was gone I saw the prisoner take a coat, which was for sale, from a pile of coats, and put it under her shawl—I called to Charles Smith, and he called to my mother, who came, and after the prisoner had paid for what she bought, my mother told her before she left the shop she would have her searched—the prisoner asked what for, and my mother said for stealing a coat—she said she did not do it—I saw my mother pick up the same coat I saw the prisoner take—it is my father's property.
Cross-examined by MR. BALLANTINE. Q. Had she been looking at the coats? A. No; they were not near where she was standing—she had to go some distance for them—I saw her walk to them—I was behind the counter.
CHARLES SMITH . The last witness called me, and in consequence I went to my mistress, who came—the prisoner paid for what she had bought, and my mistress told her she would have her searched before she left the shop—she asked what for—my mistress told her for stealing a coat—she denied it—I afterwards saw my mistress pick a coat up—I went for a policeman, and the prisoner was taken into custody.
and saw the prisoner standing with her hack towards me, and I saw part of the coat below her shawl—I saw her put it further up under her arm, and I saw her pay for some things, and told her before she left the shop I should have her searched—she said, "For what?"—I said, "For stealing a coat," and as I said the word "coat" I saw it fall between her and the counter—I picked it up—this is it (produced)—it is my husband's—I sent for a policeman, and gave her into custody.
Cross-examined. Q. Have yon made any inquiry about her? No; I believe she has a husband and four children.
(The prisoner received a good character.) GUILTY. Aged 32.—Recommended
to mercy by the Jury.— Confined Two Months.
GUILTY. Aged 17.—He was recommended to mercy by the Prosecutor, and a
person undertook to employ him.— Confined Seven Days.
THOMAS PRATT . I am a farmer, of Enfield. I have seen a copper in How's possession, it is mine—I saw it safe last in a shed, about a fortnight before I missed it—I never authorised any one to sell it, or take it away.
Cross-examined by MR. PAYNE. Q. Was there a person in your employment named Slight? A. Yes; he was taken up and charged with this, and let go again—I never heard him express any affection for this copper—he stayed away from his work the morning it was missed, and I was obliged to send for him—I never saw the prisoner before.
ROBERT DICKINSON . I am farm-servant to Mr. Pratt. I know Slight—on the night of 10th Sept., I went with him for a walk down the Highway; we went to a beer-shop and saw the prisoner coming out—Slight walked down the lane with him, and I followed them to the Rose and Crown, where we had some beer—when we came out I went away, and they went towards Mr. Pratt's.
Cross-examined. Q. Does not the prisoner bear a very good character in the neighbourhood? A. Yes.
Cross-examined. Q. Did you see Slight? A. Yes; we went into the shed where the copper was, and Slight said, "I should like to have the worth of it; it is worth a good bit of money."
JAMES HOW (policeman, N 242). On Tuesday, 10th Sept., I was on duty near Maidens'-bridge, I heard something, stepped under the hedge, and saw the prisoner come over the bridge with the copper over his head and shoulders—he was about ten yards from Mr. Pratt's premises—I called to him; he threw it down and ran away—I ran after him, and caught him—I asked him where he got the copper from, he said he found it in a ditch.
Cross-examined. Q. Is there a ditch near where he was? A. Yes.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined One Month.
WILLIAM WATTS . I am a builder, my father's name is Redding Watts; he has some carcass houses in Eaton-place, Belgrave-square. On the morning of 2nd Oct., I went there with M'Keene, and saw a basket with a white cloth over it—M'Keene lifted up the cloth; the basket contained this lead—(produced)—I then went on to the roof, and found one of the lead flats cut up—I left M'Keene to watch, and gave information at the station.
JAMES M'KEENE . I work for Mr. Redding Watts, and know the premises in Eaton-place. On 2nd Oct. I went there and found the basket with the cloth over it—I left it there—on 3rd Oct., about half-past three o'clock, I saw the two prisoners; one got into the building, and the other stood outside—they were not working there, and had no business there—I never saw them before, but I am quite sure they are the persons—I compared the lead produced with the roof of the house, and the cuts correspond exactly—the cuts appeared very recent.
THOMAS WARNER . I work for Mr. Watts. On 3rd Oct. I was on the 2nd flight of stairs watching—I could see where the basket of lead was—about half-past three o'clock both the prisoners came up side by side; Severs looked in, and then they both went up Eaton-place, and came back again—Dance got over the pole in front, through the door, took the cloth off, and walked off with the basket—when Dance got in, Severs was in the street against the scaffold pole, six feet nine inches off him—I pursued Dance, he threw the basket over the wall of No. 7, and the cloth over St. Michael's Churchyard railing—I called, "Stop thief!" and he was stopped by a policeman—I have compared the lead found with that on the roof, and it corresponds exactly; but there is twenty-two feet more missing.
JOHN PORTSMOUTH (policeman, B 173). I was watching with Warner, and saw Severs come and look over the door, into the basket—he went away, and Dance came, got over the pole in at the door, took the cloth off the basket, took the basket, and ran away, leaving the lead behind—Severs was just outside, and I caught him—Dance threw the basket over an area—I compared the lead with that on the roof; it corresponded, and appeared to have been recently cut—there is more missing—I found this knife on Dance (produced.)
Dance's Defence. I was passing this house, saw the basket covered over, got over, took the lead out, and took the basket.
Sever's Defence. I know nothing about it; I was only passing by.
JOSEPH PHILLIPS (policeman, B 166). I produce a certificate of Sever's conviction at this Court—(read—Convicted June, 1849, having been before convicted—confined one year)—I was present—he is the person.
SEVERS— GUILTY . Aged 22.— Transported for Seven Years.
DANCE— GUILTY . Aged 24.— Confined Twelve Months.
ELIZA CHINERY . I am housekeeper to Mr. Mitchell, of 59, Charlotte-street, Portland-place, who deals with Mr. Mason for bread. The prisoner used to bring it, and I paid him every week—these are three receipts for money which I paid him—(producing receipts for 2s. 3 1/2d., 1s. 10d., and 2s. 3 1/2d.)—I paid it him on Mr. Wheeler's account—it appears now that it was for Mr. Mason, but the name of Wheeler is over the shop.
Mason, but the business is carried on in the name of Wheeler—I paid the prisoner every day for bread—I did not take any receipt—on the Saturday before I went before the Magistrate, I paid him 1s. 10d.
JACOB MASON . I am a baker, of Oxford-street, and carry on the business in the name of Wheeler. The prisoner was in my service, it was his business to carry out bread and receive the money—he has never accounted to me for the 2s. 3 1/2d., 1s. 10d., or 2s. 3 1/2d.—he ought to have paid me the day he received it—I frequently asked him for the money, and he said the customers were in the country, and as soon as they came back they were going to pay—when I ascertained the sums had been paid, I spoke to him about it, and he offered to pay me so much a week.
Prisoner's Defence. I meant to repay him.
GUILTY . Aged 46.— Confined One Month.
(There was another indictment against the prisoner.)
SNAPE pleaded GUILTY . Aged 10.—
EDWARD EASTMAN . I keep a tailor's shop, in Brick-lane, Snape was my errand-boy—his mother gave me this waistcoat (produced,) which is mine, and had been in a, drawer in the shops, which he had access to—I gave him into custody.
WILLIAM SAUNDERS (policeman, G 252). Snape was given into my custody—he told me, in Wright's presence, that Wright met him in Brick-lane, and asked him where he worked—that he said, "Over the way"—that he asked him if he could not get some brushes, he said, "Yes," he asked him if he could not get some waistcoats, and he took one; afterwards he came, pointed through the window, and told him that was the one be was to take; and he got this one and two others—upon that, Wright said, "You know better; I did not"—Snape said, "You did; you told me not to get one, but I was to take three or four"—Wright denied it at first, and afterwards said, "You know you had part of the money."
WRIGHT— NOT GUILTY .
SNAPE pleaded GUILTY . Aged 10.— Confined Seven Days and Whipped.
GEORGE FENN . I am in the service of Mr. Fish, a pawnbroker. Wright pledged there three waistcoats, in the name of Williams, 1, Gee-street—he said one belonged to his father, one to his brother, and one to himself—I lent him 6s. on them.
(Wright received a good character.)
WRIGHT— GUILTY . Aged 15.— Confined Four Months.
GUILTY . Aged 21.— Transported for Seven Years.
GUILTY . Aged 25.— Transported for Seven Years.
1755. GEORGE WILLIS , stealing 3 coats, 3 handkerchiefs, 2 pairs of gloves, and 1 cap, value 4l. 19s. 6d.; the goods of Joseph Del la Torre: and 1 coat, 15s.; the goods of Joseph Del la Torre, junior; in the dwelling-house of Joseph Del la Torre: having been before convicted.
EMILY COWARD . I am servant to Mr. Del la Torre, of Lamb's conduit-street. On 18th Sept., about a quarter to seven o'clock in the morning, I heard a gentle knock at the street door—I went, and found the prisoner there—he gave me a note for my master, and wanted an answer—I told him my master was not up—he said he must have an answer, as he had to be in the City by eight o'clock—I went up-stairs, leaving him in the passage, and as I went up I heard a step, looked over the banister, and saw the prisoner taking the coats off the pegs, where they were hanging—I ran back—he ran across the road—I called, "Stop thief!"—he threw down the coats, and I picked them up—these are them (produced).
CHARLES RUMMEY . On 8th Sept., about seven o'clock, I was in Lamb's Conduit-street, with a donkey and cart, and saw the prisoner run out from No. 70, with some coats on his arm—I followed him, and saw him drop them—he was stopped, and I saw some papers picked up in the direction in which he had run—they were given to the constable.
Prisoner's Defence. I was not the party that actually stole the coats.
JOHN SMITH (policeman, G 171). I produce a certificate of the prisoner's conviction, at Clerkenwell—(read—Convicted, March, 1850, of stealing coats, and confined six months)—I was present at the trial—he is the same person.
GUILTY . Aged 22.— Transported for Seven Years.
(There was another indictment against the prisoner.)
OLD COURT.—Thursday, October 24th, 1850.
PRESENT—Mr. JUSTICE ERLE; Mr. Ald. HOOPER; Mr. Ald. WILIAM HUNTER; Mr. Ald. CHALLIS; Mr. Ald. SIDNEY; and RUSSELL GURNEY, asq.
Before Russell Gurney, Esq. and the Fourth Jury.
1756. AARON BROOKS , burglariously breaking and entering the dwelling-house of Henry D'Avigdor, commonly called Count Henry D'Avigdor, on 5th Oct., at Acton, and stealing therein 2 spoons, 1 pencil-case, and other articles, value 4l. 6s., his property; and 1 hat, 1s.; the goods of James Rose: to which he pleaded
GUILTY . Aged 40.— Confined Nine Months.
WILLIAM JOHN WALTERS . I am a pork-butcher, and live at 15, Brick-lane, Whitechapel. On 27th Sept. I had a pig's head in my shop, on the counter—I went into the kitchen, leaving it there—I returned in about five minutes, and half of it was gone—it had been chopped into halves—I immediately crossed the road, and saw a few persons standing there, who pointed the prisoner out—I went up to him, and asked him where the half of the
pig's head was which he had just taken from my shop—he said he knew nothing about it—I then looked at him, and saw part of it under his coat—I undid his coat, and there saw the whole of the piece I had lost—I asked what he called that—he said he did not know—I asked where he got it—he said, "I found it"—I asked where—he said, "Outside your shop-door"—I then gave him into custody.
THOMAS TOWNSEND (policeman, H 54). Mr. Walters gave the prisoner into my charge—I told him he was charged with stealing half a pig's head—he said he did not steal it, he picked it up—that he went into the prosecutor's shop to buy threepenny worth of beef.
Prisoner. I went there for a piece of beef for supper, and coming outside I picked up the pig's head; I was a little in liquor at the time. Witness. He was, but knew what he was about.
THOMAS BENDELL (policeman, H 217). I produce a certificate of the prisoner's conviction—(read—Convicted on his own confession, Nov. 1849, at Clerkenwell, of larceny, and confined three months)—I was present—the prisoner is the person.
GUILTY . Aged 25.— Confined Nine Months.
Before Mr. Justice Erle.
MR. PARRY conducted the Prosecution.
HENRY MAY . I am head-waiter at the Scotch Stores, at the corner of Burlington-street, Regent-street. On Wednesday, 18th Sept., I was on my way home from Charing-cross to Regent-street; I had been with a person I knew respecting a public-house that he was taking in the neighbourhood, and I went to Charing-cross to see him to the omnibus—as I was going from there to Regent-street I had occasion to stop at a urinal, at the corner of Hemming's-row—it is a place where there are partitions—it was then about a quarter to one o'clock in the morning—when I went into the place I observed the prisoner there, at the further partition—I went to the first one I came to, and unbuttoned my trowsers, for the purpose of relieving myself—the prisoner directly came to me from the partition he was in, took me by the flap of my shirt, and said, "You b——, if you don't give me a sovereign, I will charge you with an indecent assault"—I immediately struck him in the mouth, and from the blow he fell to the ground—he got up again, and snatched my watch from my pocket, which was fastened by a guard, and got it into his hand—he likewise tore open my waistcoat, and feeling, I suppose, that I had money in my pocket, he said, "I find you have a sovereign or two, I will have one of them"—I then struck him a second time, and called the police—I had about four sovereigns in my left-hand pocket—he said if I did not give him one of them he would charge me as he had previously said—I called the police while we were struggling in the place, he went out—I followed him, and when he saw the policeman coming up, he said, "This gentleman has been annoying me, and following me"—I directly said, "I give this man in charge for an attempt at extortion"—the policeman then took charge of him—in going to the station, I asked the policeman to allow me to go into a house at the corner of Coventry-street to take a glass of ale, as I felt rather excited—he said, "You had better not, come on," and I did not—I went on to the station and gave the charge—when the policeman took him into custody, he said, "If you will go your way, I will go mine."
Prisoner. His statement is entirely wrong; he knocked against me and
struck me; he had annoyed me, and followed me up three or four streets, and when I got the policeman I told him the gentleman had been following me, I did not know for what, and then he said I wanted to extort money from him; and after the policeman took me into custody he never asked the policeman's permission to go into this public-house; he ran into the public-house; the policeman left me standing in the street by myself, and went and brought him out. Witness. I did not follow him up and down the streets—the policeman did not let me go into the public-house, nor did he leave the prisoner standing outside.
JOHN STRATFORD (policeman, A 233). On Wednesday morning, 18th Sept., about twenty minutes to one o'clock I was on duty near Hemming's-row, and heard a cry of "Police!"—I hastened to the spot, and met the prisoner and prosecutor—the prisoner said there was a gentleman following and annoying him—the prosecutor was about two or three yards at the side of him—he came up, and said that he was in the watering-place and the prisoner had indecently assaulted him, and attempted to extort money, and wanted a sovereign from him—I asked the prisoner what he had to say to this charge—he put his hand out to the prosecutor in this manner (waving his hand,) and said, "You go your way, and I will go my way"—I said, "I must take you into custody"—as we went along, the prosecutor wanted to go into a public-house and get a glass of ale—I said, "No, you must go on"—he did go on, and nothing more was said about it—the prisoner was drunk—the prosecutor appeared perfectly sober.
Prisoner. May wanted to extort the price of some ale from me; as we went along, the prosecutor went inside a public-house, and this constable followed him in, and brought him out, and I stood in the street by myself Witness. That is not true.
Prisoner. Nothing was said at the station about the watch or money till the second examination. Witness. The prosecutor stated to the sergeant that the prisoner had indecently assaulted him in the watering-place, and attempted to extort money, and wanted a sovereign.
MR. PARRY proposed to call a witness who would prove that two years ago the prisoner made a similar charge, and then gave a false address, and as an authority for taking this course he referred to Reg. v. Cooper, Sessions Paper, Vol. 29, page 469. MR. JUSTICE ERLE thought that case not applicable to the present; there the question was, whether any intent to obtain money was established, and the evidence then adduced as to other transactions was to make that point clear; in this case, if the witness was believed, the intent was manifest, and therefore it was unnecessary to call other evidence to confirm it.
GUILTY . Aged 30.— Transported for Life.
(There was another indictment against the prisoner).
NEW COURT.—Thursday, October 24th, 1850.
PRESENT.—Mr. RECORDER; Mr. Ald. WILLIAM HUNTER; and Mr.
Before Mr. Recorder and the Sixth Jury.
GUILTY . Aged 18.— Confined Three Months.
GUILTY .* Aged 22.— Confined Fifteen Months.
MR. RYLAND conducted the Prosecution.
MICHAEL HAYDON (City-policeman, 21). On 9th Oct. I was in plain clothes, in St. Martin's-le-Grand, and saw Collins walking with Mr. Hendrich—(I did not know her before)—they walked down St. Ann's-lane—I followed them for ten minutes or a quarter of an hour—Winter followed them at a distance of twelve or twenty yards; sometimes on the same side of the way, and sometimes on the other—Collins left Mr. Hendrich in a hurried manner, and ran up Foster-lane, across St. Ann's-lane—Winter followed her almost immediately—I spoke to Mr. Hendrich; and, in consequence of what he said, I west after them—they were walking arm-in-arm along Aldersgate-street—they crossed, and went up Westmoreland-buildings—I met a brother officer, and spoke to him, and to the sergeant—I went after the prisoners—they both turned round, and at that moment I saw their hands join for an instant, as if something was passing—Winter started off running, and turned up Albion-buildings—I pursued him—after he had run a short distance, I heard something drop from him, which sounded like money—I overtook him, and brought him hack to the place, about twenty yards—I got a lamp lit, and could find nothing; but in the area of 21, Albion-buildings, opposite the spot, I found this purse (produced) open, with four half-crowns, five shillings, a 4d. piece, and 6d. in copper, in it; and 3s. or 4s. in the area—Collins was secured by the sergeant—the prisoners were taken to the station, where Collins threw herself down in the dock, and declared she was drunk, and that the did not know what she was about—I am certain it was not real—the said, speaking of Winter, "I never saw the man before in my life; I do not know anything at all about him"—Winter said, "She is a stranger to me, I know nothing at all about her."
JOHN HAYES (City-policeman, 256). On 9th Oct., at night, I was on duty, near Aldersgate-street, in plain clothes—I accompanied Haydon to Westmoreland-buildings—I saw a man and woman cross Aldersgate-street, and go up the buildings—I was not near enough to say whether the prisoners are the persons—we followed them—they looked round, saw us, and separated—the man ran down Albion-buildings, and the woman through Bartholomew-close—I caught her—it was Collins—I handed her over to the sergeant, then went round the other way, and met Winter in Haydon's custody—I am certain he is the same man I saw running away.
Winter. Q. Did not you take another young man at the same time that Haydon took me? A. Yes; he came out of his house, in the court, to see what was the matter—his appearance was similar to what I had seen of you, and I thought you bad run into the house; but seeing that Haydon had got you, I let the man go.
FRANCOIS HENDRICH (through an interpreter). I am a merchant, of Brussels. On 9th Oct., about eleven o'clock, I was near St. Paul's—I had my purse in my waistcoat-pocket, with 12s. or 13s. in it—there were some shillings among it—it was safe when I left a public-house near the Post-office—in four or five minutes Collins came up to me—I had been walking with her about ten minutes when Winter came up, and separated us—he
asked me, I supposed, the way to St. Paul's—they then both ran away—Haydon came up, and I missed my purse—this is it (produced).
EDWARD THOMAS FREDERICK HANCOCK (City-policeman, 229). I was on duty in Paternoster-row, about half-past ten o'clock, in uniform, and saw Collins and a gentleman going towards Cheapside, and Winter following about twenty yards off—I followed them a short distance—something then took my attention, and the prisoners were then out of sight—I am sure they are the persons—I had seen Collins about twenty minutes before, talking to a gentleman in Lovett's-court—I gave the gentleman a caution about Collins, and she abused me, and called me a filthy name.
WILLIAM WEST (police-sergeant, F). I have known the prisoners five or six years by seeing them in the street together from dusk till between twelve and one o'clock at night—I have seen Winter walking behind Collins when she has accosted gentlemen.
Winter. I can prove I have not been in London six months. Have not you said you would transport me if it lay in your power? Witness. Never; I have not knocked you down; I know you and all your pals; you live at 18, Clement's-lane, with Collins.
Collins. I have only been in London two years. Witness. I do not think you have been here six months; you come backwards and forwards from Bath; when anything is going on there I miss you for a week.
WINTER— GUILTY .* Aged 32
COLLINS— GUILTY . Aged 23.
Transported for Seven Years.
FREEMAN pleaded GUILTY . Aged 25.— Confined Three Months.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
ANN CARTER . I am single, and live at 8, Union-court, Old Broad-street. The house is let out in offices; I have two bedrooms, and occupy the front attic myself—the street door is open in the day—on 23rd Aug., about twelve o'clock in the day, I left my bedroom for two hours, and accidentally left the door unlocked; it opens on to the staircase—on my return I found the drawers open, and the room stripped—I missed two gowns, two petticoats, a cloak, a blanket, a satin visite, and other articles of mine, and a waistcoat which was left in my charge—this visite is mine, and this cap also, I made it myself; this petticoat I can speak positively to—I have not found more than half of what I lost.
Cross-examined by MR. COCKLE. Q. Were you taken to the prisoner's house? A. Yes; I had never been there before; these things were found there—I saw Leeson there.
WILLIAM JARVIS (City-policeman, 614). On 28th Aug. I went to 8, White Bear-court, Whitechapel, near Petticoat-lane—Leeson opened the door—I was not in uniform—there are only two rooms, a sitting-room on the ground-floor, and a bedroom above—Northern was sitting in the room below—I walked straight in, and asked Leeson what her name was; she said, "Norton"—the man afterwards said his name was Norton—I asked Leeson if she knew anything about any duplicates being sold in her house—she said, "Yes," there had been three sold by a girl named Mary Ann Freeman—I searched, and in a jar in the cupboard I found ten duplicates, referring to wearing-apparel; and in a box in the lower room, which was quite in sight, I found this visite and flannel petticoat, and in a trunk up-stairs, three under
nightcaps, and a habit-shirt, and in a bandbox under the bed, this net cap—Mrs. Carter, who was with me, claimed the things—I told Northern I took him for having stolen goods in his possession—he said he knew nothing about them—Finnis took Leeson—I heard her say she bought the things in Petticoat-lane—she said her name was not Norton, but Leeson, that Norton's name was Northern, and that they were not married.
Cross-examined. Q. Who did Leeson say the duplicates had been sold to? A. To a Mrs. Malony—I went to her at 11, White Bear-court—the box was neither locked or concealed. LEESON and NORTHERN— NOT GUILTY .
MESSRS. RYLAND and LAURIE conducted the Prosecution.
HESTHER FREWIN . I live at 35, Fenchurch-street, with my mother, who has charge of chambers there; the street-door is open all day. On 4th June I missed a quantity of wearing-apparel from my mother's room, on the third-floor, the door of which was unfortunately left open—I had seen them safe between six and seven o'clock that morning—I made these two gowns, (produced) they are my mother's Hesther Frewin's.
JOHN DELDRIDGE . I am shopman to Mr. Cording, a pawnbroker, of Aldgate. I produced a silk gown pledged by a female on 5th June, in the name of Ann Smith—I have no recollection of the prisoner—on 24th Aug., Jarvis brought this duplicate to me—(produced)—both of them are in my writing.
JOHN BARR . I am a pawnbroker, of 11, Osborne-street, Whitechapel. I produce a gown pledged in the name of Ann James, by a woman, on 3rd June, for 18d., with my young man, who is not here—the officer brought me this duplicate, it applies to the same article.
WILLIAM JARVIS (City-policeman, 614). I searched the house, 8, White Bear-court, and among other things found these two duplicates—I took them to the pawnbroker's, and got the articles—I have known Northern begging, and selling matches in the street—the property referred to by the eight other duplicates has not been claimed—there was also a large quantity of wearing-apparel which is not yet owned, some of it bears different initials—Leeson claimed them.
Leeson's Defence. Freeman lodged with me; I took the tickets of the two gowns of her for her rent.
NOT GUILTY .
NOT GUILTY .
1765. THOMAS CYRIL ALEXANDER DAVID , stealing 1 victorine, and 1 pair of cuffs, value 5l. 10s.; the goods of Peter Poland and another, his masters: also, 1 shawl, and other goods, 6l.: also 37 yards of velvet, value 38l. 10s.: and 1 shawl, value 18s. 6d.; the goods of Charles Dennis Sisly: to which he pleaded
GUILTY . Aged 23.— Judgment Respited.
MR. CLARKSON conducted the Prosecution.
but one to his yard—his bouse is the Fox and Grapes, Primrose-street, in the parish of St. Botolph, Bishopsgate. On Tuesday morning, 8th Sept., I was aroused about ten minutes past four o'clock, my wife got up first—I followed her towards the back-yard—she opened the yard door, and I saw the two prisoners in the yard—they wanted to rush in at the door, but my wife put her hand on them, and said, "What do you want here?"—from the back of my yard to the back of Mr. Chance's is six or seven yards—my wife screamed, and I went out and collared them—Adams said, "For God's sake let me come through; we have not come here to rob you, nor do you any injury; we only knocked a man down, and we want to evade the police"—I said, "If that is all you have done you need not be so much alarmed; but perhaps you have killed the man, and therefore I shall detain you till I ascertain the truth of it"—I took them into the passage, and told my wife to go for a constable—Wilson begged to be let go.
Cross-examined by MR. HORRY. Q. That was not till you heard that Mr. Chance's house had been broken into? A. No, it was twenty minutes or half an hour afterwards.
Cross-examined by MR. ROBINSON. Q. How far were you from your wife in going out? A. Three or four yards—it was light enough to see persons—I could not recognise their features, but I thought I knew one by his voice—my yard is surrounded by houses.
SUSANNAH HAMPTON . I am the wife of the last witness. I heard a noise about ten minutes past four o'clock, the young man in the next room told me something, I went down to the yard, and unbolted the back-door—I believe my husband followed me—I found the prisoners in the yard—I took hold of them by the shoulders, and asked what they wanted in my yard—I screamed out—the prisoners both asked me to allow them to pass—they said they had done nothing; they had only been quarrelling about a sister, and they wished to evade the police—my husband sent me for the police—I got Inspector Fosberry—I noticed that some network in my yard was broken, and two tiles from the water-closet were broken, where they had clambered down the wall—that water-closet is against the wall next to Mr. Chance's—Mr. Mears' yard is next to mine—the network and tiles were between my yard and Mr. Mears'—I saw footsteps down in the back area, where they had been, and left about a dozen lucifers; they were wet, my daughter burnt them—the men had left the window open a little—the area is paved with marble, and the dust and wet had marks of footsteps, as though one person had been down—my husband gave the prisoners into custody—the area is on the right-hand side in the yard—they could get to that without coming through the yard door.
SARAH CHANCE . I am the wife of George Chance, who keeps the Fox and Grapes, in Primrose-street. At five minutes before four o'clock in the night, between the 7th and 8th Oct., I was awoke by a loud noise like the report of a cannon—I got up, and opened the bedroom door, and all was silent—the bedroom door looked towards the back, and the window towards the front—there is a yard at the back of our house—Mr. Mears' yard is next to ours—I returned, and got a light—I returned to the stairs, and heard a distinct voice from a man, on or at the foot of the stairs, saying, "Jemmy, Jemmy!"—I returned to the bedroom, shut the door, threw up the window, and sprang the rattle, and in a few seconds I was answered by a policeman—after the policeman had got more assistance, my husband went down-stairs—there was time enough between my hearing the noise and the voice, and the period when my husband went down, for any persons in the house to have
got away—it was from five to seven minutes—some persons were taken into custody at Mr. Hampton's—I had gone to bed at a quarter-past twelve—I was with my husband when he secured the house.
Cross-examined by MR. ROBINSON. Q. Is Mr. Hampton's house in the same line with yours? A. No; it is at the back, through a yard—our next neighbour is Mr. Mears—Mr. Hampton's back yard is opposite Mr. Mears's—the yard of the Weavers' Arms joins to our skittle-ground.
GEORGE CHANCE . I am the husband of the last witness. On the night of 7th Oct., I went to bed about a quarter or twenty minutes past twelve o'clock—I secured the house—this bar which is now broken (produced) fastened the parlour door—there was a wooden door outside, and then an iron door between the parlour and the bar—a person could have got into the parlour by the window from the back yard—that window was shut down over night, but not fastened—there were marks on it as if somebody had attempted to take out a pane of glass, but they found the window was not fast, and they had thrown the window up—if anybody got in there, they would have an opportunity of forcing the parlour door—in consequence of the alarm I got up, and came down-stairs—I found the parlour door broken open, and this bar lay in the passage—the door was not broken, but there were marks of a crowbar on the panels of the wainscot by the side of the door—I found a knife sticking in the floor to fasten open the inner door of the parlour, a small jemmy and crowbar between the inner and the outer door, and some drops of wax on the seat in the parlour which is behind the inner door, and some on the flagstones against the iron door—there is a wall between my yard and the next, which is Mr. Mears'—I saw Mr. Hampton the same morning; his yard is opposite to Mr. Mean's.
Cross-examined by MR. ROBINSON. Q. Are you in the habit of fastening the back window? A. I generally look to the potman to do it—I cannot say that I shut it that night, but I have a distinct recollection of seeing that it was shut—it was my potman's duty to shut it—sometimes it is not opened at all in the day—the parlour is on the same floor as the tap-room, they are separated by a passage—the bar and tap-room are separated by a passage—I always go into the parlour at night—I am certain I went in that night—my potman sleeps in the house; he goes to bed about twelve o'clock, he had gone to bed that night, he gets up about seven in the morning—he sleeps in the garret—I always take my money up-stairs, leaving a few coppers—there was in the bar a pair of tablespoons, and a few things.
GEORGE HOWES . I live at 20, Primrose-street, two doors from Mr. Chance—Mr. Mears lives in the parlour of No. 20—my yard joins Mr. Hampton's—on the morning of 8th Oct. I went into the yard about half-past six o'clock, and found this jemmy lying by the washhouse door which joins to the water-closet which is against Mr. Hampton's wall.
GODFREY FOSBERRY (City police-inspector). On the morning of 8th Oct. I and Oakley met Mrs. Hampton at ten minutes past four o'clock—I went to Mr. Hampton's, and found the prisoners—I took them to the station—I found on Adams this pocket-book and small key—Oakley searched Wilson, and took from him this life-preserver, piece of wax candle, and wax taper—I scraped some wax off a chair which stood near where they tried to force the panels of the wainscot, and stuck it on the candle—this is the drop (produced)—in my judgment it came from a candle like this—I found some drops of wax in the house, and some on the window-sill outside that goes to the back yard—they appeared to be of the same description as that I had taken from near the door—they appeared to have got away from the house by the wall
that separates Mr. Chance's yard from Mr. Mean's—some board's slant from the top of the wall into Mr. Chance's yard on the lefthand side of the wall—there is a shed on the side of Mr. Chance's yard, next to Mr. Mears's yard.
HENRY FINNIS (City-policeman). On the morning of 8th Oct. about eight o'clock, I found these two lucifer matches on the bagatelle-board in the parlour at Mr. Chance's—in my judgment they are the same make as those in this bundle taken from Wilson—they are the same colour at the end.
Cross-examined by MR. ROBINSON. Q. Were you directed to go? A. No; I heard of this, and went to the house that morning—I was not before the Magistrate—I made a communication to my inspector after they had been to the Mansion-house—that was a day or two after the 8th of Oct.
WILSON**— GUILTY . Aged 20.
ADAMS— GUILTY . Aged 18.
Transported for Ten Years.
MR. BALLANTINE conducted the Prosecution.
FREDERICK BENNETT . I live in Howill-street, Camberwell. On 19th Sept. I went to the prosecutor's in Houndsditch—I purchased some goods of the prisoner—he made out this bill of them, 3l. 2s.—I paid him three soveregins and two shillings.
Cross-examined by MR. PARRY. Q. There were a good many persons in the shop? A. Yes, shopmen and customers—I did not notice that another customer came to the prisoner immediately I left—I paid my bill and left with my parcel—I have dealt there some years ago; not regularly.
SAMUEL BARNETT . I am in the prosecutor's employ. On 19th Sept. I was noticing the prisoner—I saw Mr. Bennett in the shop, and soon after the prisoner presented a check to me to sign—that is the ordinary mode in which business is done—this is it—it is for 3l.—this "No. 2" on it is the number of the check, and this "13" is the prisoner's number, and the "3l." the money he had received—after receiving this check signed, the prisoner should take that and the money to the desk and give it to the cashier.
Cross-examined. Q. You have a considerable business? A. Yes; sometimes customers come rapidly—it has not happened that we have been stopped in serving one customer to serve another—I know of nothing of that kind occurring—if two customers came in it would be contrary to the rules of the establishment to serve one before we accounted for what we received from the other—I do not take country customers out to treat them—I do not know that other shopmen have done so, and charged the money to the firm—we perhaps employ fifty shopmen—it is left to the men's judgment to refresh the customer when they have been served; sometimes while they are serving.
MR. BALLANTINE. Q. Is that done by giving money, or something to eat and drink? A. Something to eat and drink—I know Mr. Bennett; he is not a country customer—the prisoner did not say anything about any country customer.
WALTER JOYCE . I am in the prosecutor's service—it is my duty to receive money taken by the shopmen. On 19th Sept. the prisoner brought me this ticket, and paid me three sovereigns—each shopman has a number—the prisoner is No. 13—this "2" is the number of check he had taken that day.
Cross-examined. Q. Do two or three checks come to you at one time? A. Not from one person.
noticed a person who was a stranger in the shop about one o'clock—I saw him buy a hundred steel beads—I heard the prisoner mention 8s. 6d. as the price—I saw him receive the money—he kept it in his hand—he did not call the attention of any young man to it, or go to the cashier—I spoke to Mr. Hyams—Mr. Bennett had already left—it would have been his duty to have given up the money before serving another customer.
Cross-examined. Q. Did you not see the money in the prisoner's hand? A. I did not see the money in his hand, but whatever it was he kept it in his hand—I went to inform Mr. Hyams, and when I came back he was serving another customer.
DAVID HYAMS . I am partner with Alfred Davis and another as French and German merchants—the prisoner was in our service about eleven months—it was his duty to receive money from the customers—it was then his duty to call out "Cashier," and a young man would go to him, and the prisoner would take a ticket and the money to the cashier—I received a communication from Solomons, in consequence of which I spoke to the prisoner, but I had previously spoken to Mr. Bennett, and satisfied myself, and had got the invoice from him—I then called the prisoner and said, "You have just received some money?"—he said, "I have, 8s. 6d."—I said, "Where is it?"—he said, "In my pocket"—I said, "How is that?"—I think he said, "I did intend to give an account of it"—I said, "You have received other money?"—he said, "Yes, 3l."—I said, "You have received more, you have received 3l. 2s."—he said, "I have," and he put his hand into his back coat-pocket, took out 10s. 6d., and gave it to me.
Cross-examined. Q. Was not that the pocket in which he kept hs book? A. I do not know—I asked him for the 10s. 6d., and he gave it me—I keep a shop-walker—we occasionally treat customers—if any gentlemen are there six or seven hours, or three hours, it is the duty of the young man to come to me, or to the shop-walker, and state what refreshment is required, and a ticket is made out for it—the shopmen do not go out with the customers—if they have a customer in the toy department, refreshment is sent up to them—I never heard of such a thing as for a shopman to give refreshment and then charge for it—a ticket is written on "Mr. So and So, biscuits," or whatever it may be, and that is provided for them.
(The prisoner received a good character.) NOT GUILTY .—(See New Court,
THIRD COURT.—Thursday, October 24th, 1850.
PRESENT—Mr. Ald. WILLIAM HUNTER; Mr. Ald. CHALLIS; Mr.
Ald. MOON; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY . Aged 35.— Confined Six Months.
GUILTY . Aged 22.— Confined Four Months.
1771. ROBERT SIMONS , was again indicted, with SUSAN HARRIS , for stealing four pairs of gloves, 1 pair of cuffs, and 1 handkerchief; value 17s.; the goods of Edward Lawson and another, the masters of Simons.—2nd. COUNT, charging Harris with receiving: to which SIMONS pleaded GUILTY .
CHARLES DAVISON . I am barman to Mr. Gurney, of the Clarendon, Oxford-street. I have known the prisoners eight weeks—Simons used to leave parcels, and said he would call for them himself, but if the female called she was to have them; but she never did—sometimes he took them away when she was with him, and sometimes he used to take them away alone—he went by the name of Mr. Harris, and she Mrs. Harris—the female called on Saturday, 28th Sept., about eight o'clock, and asked if Mr. Harris had been there—she left again, and I followed her to Mr. Lawson's, 211, Oxford-street—she waited by the door a few minutes, and Simons came out of the shop to her—they spoke to each other, and he went in again—a few minutes after he came out and spoke to her again, and a third time also—she was then three or four doors from the shop, and he appeared to put his hand to his coat-pocket and to put his hand towards her, I cannot say exactly, as I was on the opposite side of the way—he then went into the shop again, and she went to Mr. Gurney's—I got back first, and was in the house before her—when she came she had a small parcel—I then served her with something—my master sent to Mr. Lawson, and he came himself—there were then two parcels at our house, which Simons had left, one on the Thursday and one on the Friday, and which he was to call for that night—Mr. Lawson examined those—about the fourth time Simons came, he told me he was going to commence housekeeping—the female prisoner never brought any parcels but the one that night.
EDWARD LAWSON . I am a draper, in partnership with John Palmer——Simons was in our service six months—on Saturday night, 28th Sept. about nine o'clock, I received information, called a policeman, and went with him to Mr. Gurney's, where I found three parcels of our goods—this is a list I made of them at the station (reads—"23 muslin collars, 18 pairs of gloves, 9 cuffs, 30 postage stamps, 2 lengths of blonde, 6 cambric handkerchiefs, 7 lengths of ribbon, 1 length of lace, 23 handkerchiefs, 1 paper of pins, 4 bunches of flowers, 1 cap front, 12 shop tickets, 1 knife and fork, and half-a-yard of lace insertion)—these are them (produced)—they are our property—I know them by the private marks on them—I gave the female prisoner into custody, and went to 19, Cooper-street, Finsbury, which address she gave as her lodging, and there found other things—I examined Simons's boxes, and found 2 lengths of cloth and some silk—he lived at our house, and slept there, except on Saturday and Sunday nights—he told me that on those nights he slept at his uncle's.
MARY ANN BRIDGE . I am the wife of Thomas Bridge, of the Marylebone station-house, and search females brought there—I searched the female prisoner, and found 4 pairs of silk gloves, and a silk handkerchief in her hand, which I saw her take from her pocket, and these cuffs she had on (produced).
Harris's Defence. I was not aware they were stolen.
HARRIS, GUILTY, on 2nd Count. Aged 25.— Confined Two Months.
(There was another indictment against Harris.)
1772. ROBERT SIMONS , was again indicted for stealing 6 collars and other articles, value 7s. 2d.; the goods of Edward Lawson and another, his masters: to which he pleaded GUILTY . Aged 21.— Confined Twelve Months.
JOHN GANE . I am cook of the Caroline, now lying at the spirit quay, London Dock—there was a chest in the forecastle, in my charge, belonging to Wise—it was locked, and Wise had the key—I met the prisoner in the tunnel, and recognised the coat he had on as Wise's—I had seen it safe in a hammock, at six the night before—I gave him in charge—he had a bundle with him, which contained a white shirt, a pair of slippers, a pair of shoes, a dressing-case, and two caps, belonging to Wise, and which I had seen safe the night before—the policeman took the bundle.
GUILTY . Aged 17.— Confined Four Months.
EMMA GEORGENA WHITLEY . I live with my mother, Emmeretta Whitley, who is a widow—we lodged at Gloucester-place, Portland-square, where the prisoner was servant, and moved from there on 11th September to Park-place Regent's-park, on which day my mother left town—on 6th Sept. I missed her ring from her finger—I had seen it there two days before.
JOSEPH PLATT . I live with my uncle, a pawnbroker, in Upper York-street, Marylebone—about six weeks ago the prisoner and another girl came to our shop—one of them, I do not think it was this one, offered a diamond ring in pledge—I asked her whose it was; she said she had it from a private friend in the country, and afterwards she said she found it—I said I must detain it, and I sent it round by the police.
SARAH AUSTIN . I live at 59, Gloucester-place—Mrs. Whitley and her daughter lodged with me—I recollect the ring being lost, and searched the house for it with the prisoner—the prisoner was told that it was lost and was desired to look everywhere for it—her sister has also been charged with this.
WILLIAM ISON (policeman, D 81.) On 19th September I went to 59, Gloucester-place, and spoke to the prisoner about the ring—she said she knew nothing of it—I asked her if she knew any one in Circus-street; she said she did not, she had not got a soul in London—I asked what her name was; she said "White"—I said, "I understand your name is Connolly"—she said, "It is not; it is White"—I told her she must consider herself in custody, and I took her to the station.
JAMES CLARK (policeman, D 268). I went to Circus-street, and found Connolly there, whom I took on this charge—she took her child, who is between five and six, with her to the station, and the prisoner was produced to her—as soon as the child saw the prisoner, she said, "Here is aunt Ellen"—Connolly said to the prisoner, "Don't you say anything."
MARY ANN BURDETT . I live at 27, Circus-street. Sarah Connolly has lodged with me two years, and the prisoner has come occasionally to visit her—I have heard Connolly speak of her in her presence as her sister.
NOT GUILTY .
MARIA BRIGGS . I live with my mother, who is a widow. On Sunday evening, 15th Sept., about twenty minutes past eight o'clock, I was in Church-street, Marylebone, with a friend—my brother was walking a little way behind me—the prisoner came up to me, snatched my watch from my side, and ran away—it was suspended by a hook to my dress, there was no cord or chain to it—my brother ran after him—I had never seen him before—I am quite sure he is the person.
Cross-examined by MR. O'BRIEN. Q. When did you see him again? A. Next morning, at the station—the policeman came and told me that the person who snatched my watch was in custody—he was alone when I saw him at the station—he ran away the instant he snatched my watch; he ran past me, and I ran to my brother—he had passed my brother before I told him—it was rather dark.
JAMES BIGGS . I am the last witness's brother. On this evening I was walking a little way behind her, saw the prisoner rush from her, and run down Salisbury-street—I ran after him, but did not catch him—I had him five minutes in view—I have not the slightest doubt that he is the man—I saw him again next morning at the station.
Cross-examined. Q. You mean his back was to you five minutes? A. I saw him sideways as well—I did not know anything had occurred till my sister came up, but my attention was drawn to him by seeing him rush from her—he had got perhaps fifteen yards past me before she came up—his face is familiar to me, but I cannot swear I ever saw him before—it was dark.
JAMES CLOWTING (policeman, D 166). I took the prisoner on Monday, 16th, at Great James-street, Lisson-grove—I said, "Well, Guy, you must come to the station with me, for stealing a gold watch from a lady in Church-street last night"—he said, "I know nothing at all about it"—we met the woman he lives with, and she said, "What for, now?"—he said, "For them gold things."
JAMES CLARK (policeman, D 268). I produce a certificate of the prisoner's conviction at this Court—(read—Convicted Nov. 1848, having been before convicted—Confined one year)—I was present—he is the person.
GUILTY .† Aged 21.— Transported for Ten Years.
CHRISTOPHER DAYMON . I live at Glasshouse-yard, and let trucks for hire. On Friday afternoon, 20th Sept., the prisoner came to hire a truck, which he said was to take some boxes to the Blackwall Railway—he gave his name, "Johnson, 3, Whitecross-street"—I let him have it—he was to pay me 3d. for it, and bring it back in two hours—he never came back—I afterwards found part of it in Smithfield for sale—the springs, wheels, and axle, had been taken away, and fresh ones put, and it was painted over.
JOHN MURRAY . On the Friday afternoon, about three o'clock, I was in Gresham-street, with a barrow, and the prisoner came to me with a truck, and asked me to buy it for 13s.—I offered 9s. for it, and he said I should have it for 9s. 6d.—I saw Mr. Daymon's name on it, and I agreed to buy it if he would go with me to Mr. Daymon, to see if was all right—he would not go, and I would not buy it.
Prisoner's Defence. It was not me that hired it.
convicted—Confined eighteen months)—I was present at the trial—the prisoner it the person. GUILTY .** Aged 28.— Transported for Seven Years.
MR. METCALFE conducted the Prosecution.
HENRY MOUNT . I was formerly a sergeant of police. I produce a certificate—(read—Central Criminal Court, 30th March, 1846; Edward Lovell Dwyer, convicted, and transported for ten years)—I was present at that trial—the prisoner is the person described—I apprehended him before that trial.
JOHN JONES (policeman, S 210). On Saturday, 21st Sept., I found the prisoner at the Black Bull public-house, Hammersmith—he came there respecting a badge—he had been a conductor on the Brompton-road—I recognised him, and took him into custody—I told him I recognised him, and he said he had received a free pardon, and afterwards that he had received a pardon on conditions not to leave the country he was transported to—he did not produce any discharge.
(The prisoner, in a written defence, admitted that he had been transported, but stated that he had received a conditional pardon, and, being urged by his affection for his mother, he returned to this country.)
GUILTY . Aged 26.— Confined Twelve Months, and then Transported for
MR. GIFFORD conducted the Prosecution.
DAVID GOULD . I am footboy to Miss Anne Georgiana Kennys Tynte, of 66, Porchester-terrace, Paddington. About a quarter to three o'clock on the afternoon of 9th Sept. I went out to post a letter, and on my return I met the prisoner in the garden—her hands were folded on her breast—a little after four I missed five silver spoons and two silver forks, which I had put on the table at lunch, at a quarter to one—I went into the room as soon as I returned from the post, and removed the cloth—I did not miss the things then, but when I went to lay the cloth for dinner, at a little after four—the butler had removed the dirty things from the lunch-cloth—I did not notice whether they were there when I removed the cloth.
ALFRED TAYLOR (policeman, B 86). On the morning of 18th Sept., about seven o'clock, I saw the prisoner and two other girls in Orchard-street, Westminster—I took them into custody, and told them they were charged with stealing plate from Miss Tynte's house—as Clarke walked by my side to Paddington, she said, "Me and two other girls were singing at this house, and me and the other girl waited outside while the other one went in; we waited till she came out with something in her lap, which I thought was grab; she asked us to go with her; we asked where; she said, 'To Gravesend;' we walked a little way, and she opened her lap, and I saw a great deal of plate, and spoons, and forks; we went to Gravesend, and she asked us to wait a little while by where the fire was; she went away, and came back in a little while with some money, and said, 'You had better go back, as I am going further in the country,' and we went back."
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
CHARLES CHAPMAN . I am a messenger, and reside at 9, Victoria-place, Haggerstone. On the morning of 17th Sept., about half-past three o'clock, I was awoke by my wife, got out of bed, went down-stairs, and heard a kind of rumbling noise, like a person going out of window in the back-kitchen—I went into the back-kitchen, and found the window wide open, which I had left shut and fastened at ten, the night before—there was a candlestick on the table with a candle alight in it—I had left the candlestick in the cupboard and the candle in the candle-box, the night before—there was also a box of matches with the candle, open—soon after that the prisoner was brought.
Cross-examined by MR. O'BRIEN. Q. Is there any servant in the house? A. No—I cannot say whether I was the last up—beside me and my wife there are Mr. and Mrs. Clarke lodge up stairs; they have access to the kitchen.
MR. BALLANTINE. Q. Was the window fastened with the ordinary fastening in the centre? A. Yes; I did it myself—there are shutters, but they were not fastened—there were marks of a knife in the putty, close to the fastening, and the glass was fresh broken, sufficiently large for a man to put his hand through; the bolt could then be reached—I swear that was not so when I went to bed—Mr. and Mrs. Clarke have nothing to do with fastening the window—my wife went to bed at the same time that I did—the house is my dwelling-house, and in the parish of St. Leonard, Shoreditch.
JOHN M'CARTHY (policeman, N 56). On the morning of 17th Sept., I was on duty in Albert-street, where there is a wall adjoining the prosecutor's house—if a person was coming from the window that was broken, to the street, they would come over that wall—about half-past three o'clock I saw the prisoner and two others drop over that wall—the prisoner had his boots and cap in his hand—I took the prisoner in custody, took him to the house, searched him, and found a knife on him; I examined it with the marks on the putty, and have no doubt it would produce such—there was a hole in the window large enough for a man's hand to go through—the prisoner said he was hungry, and out of work, and did it to get some victuals.
GUILTY . Aged 22.— Transported for Seven Years.
MR. O'BRIEN conducted the Prosecution.
ELIZABETH BRIND . I am servant to Mr. William Henry Carey, of Tyron's-place, Hackney. On Monday evening, 7th Oct., about half-past six o'clock, I met the prisoner about a yard from the carriage-house door, in the street—I met one man first, and then the prisoner, and another man—I passed close by the side of them, and had a good opportunity of observing them—they were walking very slowly—I went in-doors, and about half-past seven, I was putting my master's children to bed on the second-floor, and my attention was attracted by the opening of our bed-room window, which is the adjoining room—it is in front of the house, and the window looks into the street, over the stable—I did not think anything further of it till I left the room at a quarter to eight, when I found the window and door wide open, and a chair placed against the door—I shut the window and door, and went down to my mistress's room on the first-floor—the door of that room was shut—I did not know whether it was fastened, and I listened—I heard a rusting
of paper, and concluded it was my mistress, and did not attempt to open the door—as I left the room I was met by one of the young ladies, who requested me to get something from the room; I said some one was there—she said, "Mamma is not there," and we rushed down-stairs, got the cook, and she burst the room open, and I saw the prisoner there with a lighted candle in the room—I had a full opportunity of seeing him—I have no doubt he is the man—I never saw him before—we then rushed down-stairs and alarmed my mistress—I did not return for three-quarters of an hour, and then found a crow-bar and several matches on the bed, and some in the room—on examining the premises, I should say the entry had been effected over the stable, and at the attic window—the prisoner was about three yards from the stable when I met him at a quarter-past six—I gave a description of the prisoner to Clark the policeman—on the following Friday morning, I went with my master into Pearson-steet, and saw the prisoner there, and recognised him—Clark was walking behind, in case I should give information as to the man I saw—if I saw the man, I was to give a signal.
Cross-examined by MR. BALLANTINE. Q. Where had you and the constable met? A. In Pearson-street, nearly two hours before—I was not walking at my master's side two hours—we went to a baker's shop and waited there—Clark was in plain clothes; he told us we might see somebody who he suspected—he did not tell me what the person was like, I was to find out that—I told him what the person was like, and he said he thought he had got the man, and if we waited we should see him, and if I saw the man in walking down the street, I was to put my parasol over my right shoulder, and I did so; it was down when I did that—I was not looking at him ten minutes, I did it directly I saw him, but I had some distance to walk—I saw his face, and had a regular look at him, a good stare—I had been in Pearson-street two mornings with the parasol, my master and Clarke—I had not placed my parasol over my shoulder before—Clark had not showed me any one else—I did not know the name of the man I was to be shown, or hear any account of him from Clark—when I saw him on the Monday, he wore a hat and rather a light handkerchief—I have not seen either of the others since—I think I should know the one that was by the prisoner's side—they looked very hard at me, and I looked at them too, because I thought it was somebody who had been to the house—they were coming in a direction from the house—it was about ten minutes to eight o'clock when I saw the prisoner in my mistress's bedroom—he then had no hat on, and was standing at the left side of the bed—I do not know whether he had came from under the bed; I have not said so—I did not wait very long to look at him—the cook saw a man, but she was in the act of looking round to see what she had done to the door; she might have seen him if she looked, but she did not look enough—I went into the room—she did not take any walks with the parasol and the policeman—she is not here; she has not been shown the prisoner, because she did not see his face, she did not see any part of him that I am aware of.
MR. O'BRIEN. Q. What else did you see? A. I saw the plate-chest on the bed—my master delivered the crowbar to the policeman—I have no doubt the prisoner is the man I saw in the bedroom.
COURT. Q. Had you seen the attic window shut before? A. Yes, I shut it myself at half-past six.
WILLIAM HENRY CAREY . I live at Tyron's-place, in the parish of St. John, Hackney. On 7th Oct. I returned home about half-past nine o'clock, and in consequence of information I immediately examined the plate-chest, which was kept at the entrance of the bedroom—my wife kept the key of it
—I found it lying on the bed wrenched open, and missed a dozen silver dessert-spoons, some forks, knives, tea-spoons, a milk-pot, three boxes of children's silver spoons, a punch-ladle, and a fish-slice; and from the dressing table drawer I missed a lady's gold chain, two brooches, a steel bracelet, a gold purse, and another purse, altogether worth about 60l.—I had seen the chest safe in the morning—it is my dwelling-house.
RICHARD CLARK (policeman, N 223). On 7th Oct. I received information of this robbery, and received a description from Brind, in consequence of which, on Friday morning, the 11th, I met Mr. Carey in Pearson-street, at half-past seven o'clock—(I had also met him on the Thursday)—we remained there until about a quarter to ten—I saw the prisoner coming up Pearson-street—I called Mr. Carey and the servant from up-stairs at the baker's shop into the street—I told Mr. Carey there was a man going down the street of the description, and on a signal from the servant I went up, and she pointed out the man to me—I took him into custody, told him the charge, and he said he knew nothing of it—I afterwards went to his lodging, No. 70, Pearson-street, searched them, and found nothing.
Cross-examined. Q. You found nothing? A. Not relating to the robbery—I took from his person 5s., and some Berlin wool in a little box—it turned out to be the work of his wife—I called out to the servant, "Here is a man coming up the street answering the description you gave me"—she then came down stairs with her master—that was about sixty yards from the man—she had a full opportunity of seeing him after she came out of the shop—I remained at the shop door, and she and Mr. Carey went on—I remained where I was till the signal, which was Mr. Carey laying his cane on his right shoulder—that was the only signal agreed on—I then went, and the prisoner was given into custody—Brind was in the room when I arranged the signal with Mr. Carey—I think she must have heard it.
MR. O'BRIEN. Q. Where was he when he was given into custody? A. In a chandler's shop—I think he was there when the signal was gives—I could not see him—I had seen him going towards the shop.
DANIEL STROUD . I am potman at the Dolphin public-house at Hackney. On the evening of 7th Oct. I was in Wells-street, which is 150 yards from Mr. Carey's, and saw a person getting away from Mr. Carey's over the wall from the back premises—I asked him if he was coming over that way—he said, "Yes"—he turned his face from me; I could not catch his features—he ran away, and was quickly out of sight—I believe the prisoner is the man—he had on a frock coat and dark trousers, and a hat.
Cross-examined. Q. Was it not a dark night? A. Yes—when I find saw him he was in a stooping position—I never had a full view of his face, and have very slender grounds for my belief.
(The prisoner's statement before the Magistrate was here read). "I am quite innocent; the witnesses must be mistaken; I can call witnesses at my trial to state where I was from five o'clock till a few minutes after eight on that night."
MR. BALLANTINE called the following Witnesses.
WILLIAM CHESTER . I keep a beer-shop, at 9, Ayre-street, Bethnal-green, and know the prisoner as a customer. On 7th Oct. he was at my house from four o'clock to half-past eight—I was in the same room with him the best part of the time—he had on a sort of greenish coat and a pair of trowsers striped down—my mother, who is here, supplied him with some tea—I was in the habit of seeing him twice a week, or so.
Cross-examined by MR. O'BRIEN. Q. Do you know where Mr. Carey lives? A. No; I live about a mile and a half, or two miles, from the beginning of Hackney parish—I heard, last Thursday, that the prisoner was taken—I do not recollect the day of the month, but am sure it was this day week—I and my wife serve at my house, and my mother occasionally—I have no servant—I cannot say when the prisoner was at my shop last before that—he calls in once or twice a week—he was sitting in the parlour all the time with Thomas Buckmaster, who is here—I was not in the room all the time—I went into the bar to have my tea—I served the prisoner with four or five pints of ale—I looked at the clock when he came in—there was no one in the house at the time, and the clock is right before my eyes—I do not look at the clock when every customer comes in—I looked at the clock when he went out—I did not write down the time—I never saw Buckmaster with him before; I believe he is an entire stranger to the prisoner, he is a customer of mine, and I know he was never a friend of the prisoner's—Buckmaster had a pint of beer about three in the afternoon, and my wife may have served him with something else—he and the prisoner were not drinking together, or sitting together—the glass might have been handed round—they were not talking together—Buckmaster was there from three till eleven; I did not look at the clock when he came in, or when he went out—another young man, of the name of William Fipos, who lives nearly opposite me, came in while they were there; he is here—he was not long in the house—he is in and out a dozen or twenty times a day—he was there twice while the prisoner was there, somewhere about five and somewhere about seven; I cannot gay to a minute—he is an entire stranger to the prisoner—he did not remain any time in the parlour—he was in and out just a minute, to say "Mr. Chester, will you oblige me with change?"—he came at five for change for a shilling—he had no beer at seven—I cannot say whether it was for change for a shilling or a half-crown—he is a loom broker for weavers—the prisoner had tea at six—I know the time, because I take my meals at one regular time, and be had tea at the same time as us—he came out of the parlour, stood at the bar, and my mother handed it over the bar to him—there was no one there but my mother, my wife, and myself—Buckmaster was in the parlour—I should say it took him five minutes, and he then went into the parlour again and had more ale—I was not out at all that evening.
MR. BALLANTINE. Q. Did he drink the whole of the ale? A. He just handed Buckmaster a glass—he paid me for it.
JANE CHESTER . I am the mother of William Chester, and live with him at his beer-shop. I was at home on 7th Oct.; that was Monday—I know the prisoner, and saw him come to the house that day, between four o'clock and half after; I am not quite certain as to a minute—I was in the bar at the time, and he went in and had a pint of ale—he had some tea—we generally have tea at six, and he had some—I gave it him, and a slice of bread and butter—I was inside the bar, and he outside—he went away from eight to half-past—I am sixty-eight years old.
Cross-examined. Q. Did you go into the parlour? A. Yes, and carried ale in to the prisoner, and when he left he was rather the worse for liquor—Mr. Buckmaster and Fipos were there also—Fipos had a little ale, and left about seven o'clock—he had some between five and six, I believe—I saw him come in—he was in the parlour while there, sitting down, and Buckmaster also—I think Buckmaster came between five and six, or it might be more—he did not stop long, because he had business to attend to—oh, Buckmaster stopped till about eight or nine o'clock; he stopped rather lateish—I cannot
say how long he remained—he was in the habit of stopping lateish—he did not come with Fipos—I saw him go out; I cannot exactly say whether it was before or after the prisoner; it might have been about the same time; I cannot say exactly, so many go in and out of our house—the prisoner was the first who came to the house, and they came afterwards, as they usually do of an evening—they came separately—Buck master, I rather think, came first—I cannot exactly say whether I went into the parlour while those three were sitting there—several strange people came in—we have no other room—between four o'clock, when Webb came, and the time he left, there might have been a dozen people besides Buck master and Fipos—the prisoner had his back towards the bar in the parlour—it is a small parlour—to the best of my belief Buckmaster and Fipos were on the other side—I did not hear any conversation between them—there were only the customers there, that came to have a pint; I cannot call to mind who they were—I heard about last Wednesday that the prisoner was taken up—he was taken on the 7th—some one came and said on the Wednesday, that he was taken on the Monday—I suppose it is three Wednesdays ago; I cannot exactly tell you the day—he was in the habit of coming to the shop now and then—he was not a regular customer, but my son knew him—I have known him four or five months—he was there a day or two before he was taken, and he has not been since the 10th—I last saw him on the 10th—that was the day that he, and Buckmaster, and Fipos, were in the parlour.
MR. BALLANTINE. Q. I think yon say it was the 10th you saw Buckmaster, and Fipos, and this man? A. Yes; they were all there on the 10th—I am quite sure it was Monday.
THOMAS BUCKMASTER . I am a knitting-needle manufacturer, and know the house kept by Chester. On Monday, 7th Oct., I was there before the prisoner came in—I am sure it was the 7th, not the 10th—the prisoner came about four o'clock—I remained till nigh twelve—I went up to a sing-song up-stairs—the prisoner left about half-past eight—the singing had then begun—he did not go up to it—I left the parlour about a quarter to nine—I saw the prisoner have tea about six—I first heard he had been taken, last Monday week—I was applied to appear at the police-court, and did so—I had not been acquainted with the prisoner—I had seen him there once or twice before.
Cross-examined. Q. Had yon ever spoken to him at all? A. Not to make any acquaintance; I have said, "Good morning," or "Good afternoon"—I never drank with him before—we did not have anything particular together that day—he had four or five pints of the best ale, and I drank such a thing as two glasses of it—I was there when he came in—Fipos came in with him—he did not remain above a minute, just looked into the door, or so—he did not have anything to drink that I saw—he could have taken it without my seeing him at the bar, but I do not expect that he could in the parlour—he did not sit down, to my knowledge—I was there on the Wednesday—I cannot answer whether I saw Fipos there that day—I can't answer about Wednesday—I am there every evening after I have done work—I cannot exactly say what time I went on the Wednesday—it was three o'clock that I went on the Monday—I noticed the time then, because I was not at work that day—on the Wednesday I remained there till ten—I went that day in the evening; it was dark, but what time I cannot say—I work it 7, King-street, for myself, at making ivory and bone knitting-needles—I sell them to the Berlin-wool shops—the prisoner was a perfect stranger to me barring seeing him once or twice there—I did not see him there on the
Wednesday—there were several people there—on the Monday there was no one else besides Mr. Fipos and Mr. Chester—persons might have come in at the door without my seeing them, but they did not sit down and have ale—Mr. Chester was not there all the time; he went out to serve his customers—when he was not serving them, he was sitting with us, and conversing with the prisoner part of the time—the prisoner did not leave the parlour at all above five minutes at the outside, when he went to take tea; and while he was there I went out and got a pint of porter—I had three pints, and paid 2d. for each pint as I had it—a great number of persons were up-stairs in the evening—I know the prisoner went at half-past eight, because I went to the bar a short time after, and saw the clock, and went up-stairs, and Mr. Cheater told me he must go up and get the room ready—I saw the clock after the prisoner was gone.
WILLIAM FIPOS . I live at 101, Ayre-street, and am a weaver's loom broker. On Monday, 7th Oct., I went to Mr. Chester, about a quarter to five, to get change for a shilling, and saw the prisoner there—I went in several times that evening up to seven o'clock, and aaw him there every time.
Croos-examined. Q. How long did you remain? A. Three minutes; perhaps two minutes—I did not sit down—I think I had some drink the second time I went in—I might have sat down there, but I cannot exactly say, because I did not expect to be summoned up on such an occasion—I swear I did not remain there from five to seven, talking to the prisoner—I think I spoke to him—I only knew him by seeing him in and out of the place—I did not know his name—I saw Buckmaster there, I think he was sitting down, and the landlord was there—I dare say there were four or five more, but I do not know who they were except those persons—I will not swear there were not four or five there the second time—I go there daily, and sometimes have a drop of ale—I do not know Tyron's-place, Hackney—I heard of this robbery on the Thursday.
ISABELLA VANDERPANT . I work with my sister, and live at 70, Pearson-street, where the prisoner lives. I remember the night of Monday, 7th Oct.—I got home that night as the clock was striking nine—the prisoner let me in—he had a dark green coat on, which he has now, and a dark handkerchief—I do not know Tyron's-place.
Cross-examined. Q. Is your sister living with the prisoner? A. She lived at the same house; she is not his wife—my sister was at home on this evening, she is not here—besides us and the prisoner there is an old lady lives up-stairs, and Mrs. Sheene the landlady; she is not here—I and my sister live in the back-parlour, and the prisoner in the front—on this night I had been on a visit to 24, Feller-street, which is five minutes' walk from our house, and left there at five minutes to nine—I know I was there about an hour, because I looked at the clock when I went and when I came away—when I went it was five minutes to eight, and I was not to be any longer than an hour.
COURT. Q. What is your sister? A. She works at crotchet work, and is a single woman—no man lives with her—she is no connection of the prisoner's—Mrs. Sheene has just been confined.
ELIZABETH BRIND examined by MR. O'BRIEN. Pearson-street is half an hour's walk from my master's—I think the witness Fipos is the man I saw with the prisoner outside the gate on the evening of the robbery.
Brind says—I do not know where Tyron's place is—I was never out with the prisoner in my life, and never in his company.
GUILTY . Aged 33.— Transported for Seven Years.
MR. GIFFORD conducted the Prosecution.
AUGUSTUS SMITH . I am a wholesale brush-manufacturer, at 8 and 9, Osborne-street, Whitechapel—the prisoners were in my employ—Burke left on 22nd June—I give out bristles to the workmen, and when they are dressed they are returned to me—in consequence of missing bristles, I called Debenham on Sept. 4, and asked him about a parcel of bristles he had left at a coffee-shop, and he said, "Well, I did leave a parcel of bristles at the coffee-shop in Union-street, Brick-lane"—I asked where he got them from—he said a man in the street gave them to him—I asked him what man—he said, "That is my business"—I gave him into custody—he has worked for me six years—I know nothing against his character.
RICHARD GREEN . I keep the Globe coffee-house, Union-street, Spital-fields, and have known the prisoners more than twelve months, by using my house, and Debenham leaving parcels there and Burke fetching them away—on 30th Aug. Debenham left a parcel wrapped in a handkerchief, which Barke asked for and took away next day between ten and eleven, I did not untie it—on 4th Sept. Debenham came to me at six in the morning (he had been in the habit of coming between seven and eight in the evening), and said, "Oh, Mr. Green, I want to speak to you"—I said, "Indeed"—he said, "I shall be brought here about twelve o'clock respecting a parcel, for you to swear to me, I want you to say you do not know me"—he said he had a wife and large family, and if I said I knew him it would be the ruin of him—I said it was very wrong indeed of him to leave stolen property at my house—he said, "It is done now, and cannot be undone," and that there were two in it—I said, "Suppose I was a master, and employed a great number of hands, how should I like it?"—he said, "If you talk like that I am done"—he said his bitch of a wife had been and split upon him—I do not know whose wife he meant—I reasoned with him, and he said his master paid such dreadful low wages, the men were obliged to do it.
ELLEN HATCHER . My husband is a brushmaker at 4, Ironmonger-row, St. Luke's—I know Burke through his working for my husband—I have met him in the street, and he has said to me, "I have got to go and meet Charley" (meaning Debenham), and I have met him when he has had a parcel of bristles, and he has showed them me.
WILLIAM SMALLWOOD (policeman H 58). I took Debenham at Mr. Smith's, on 4th September—in answer to Mr. Smith be said, "I certainly did take a parcel to the coffee-shop; I met a man in Brick-lane, who gave me a parcel; I took it for him"—and when asked by Mr. Smith who he was, he said, "that is my business"—I took him to the station; and while going there he said, "I see I have made a mistake; I clearly see my error in saying I met a man in Brick-lane, but you will not use it against me"—I said it was part of my duty to caution him that anything he said might be used against him, and he said nothing more—I took Burke the same day, and told him he must go to the station for being concerned with another in stealing a quantity of bristles from Mr. Smith's—in going along he asked me who it was—I said "Debenham, in the employ of Smith"—he said, "Certainly I have
fetched parcels away from the shop and also from Whitechapel in the way of business"—he said, I had no proof of where they were taken to—I said Mrs. Hatcher said he had taken them to her husband—he said, "Oh, then, that licks you."
Debenham's Defence. It was impossible for me to take them—I was hemmed in by men all round—I left the parcel there for another tradesman.
NOT GUILTY .
MR. GIFFORD offered no evidence against BURKE.— NOT GUILTY .
AUGUSTUS SMITH . In the course of Debenham's employment he received bristles to dress in my workshop, and in the proper discharge of his duty he would not take them away—he ought to return them back to me—on 4th Sept., in consequence of information, I went to a public-house in Spital-square—I saw these bristles (produced)—I have every reason to believe they are mine—none of my men but Debenham tie up in the same way—I called him down to the shop, and, in the presence of Mr. Green and the policeman, asked him about the bristles he had taken to the coffee-shop—he said, "I know I have taken a parcel of bristles there"—I asked him where he got them from—he said, "A man gave them to me in Brick-lane"—I said, "Who is the man?"—he said, "That it my business"—the parcel is worth eight or nine shillings.
RICHARD GREEN. I keep the Globe. On 3rd Sept., between seven and eight in the evening, Debenham left this parcel there which Hatcher came for—Debenham came about six next morning, and said I was the only man that could do him any good—he said he should be brought there about twelve the same day, for me to swear I knew him, and he wanted me not to do so—he said he had a wife and large family, and if I did know him I should be the ruin of him; there were two of them, and I should lose nothing by it—I reasoned with him—he said, "If you talk like that I am done"—he begged of me to think it over—I said I should only say what I knew—he said his bitch of a wife had been and split on him.
ELLEN HATCHER . The night before the prisoners were given in custody I went to the Globe and got a parcel from there; I cannot swear to it, no one can, after it had once got out of their hands—I gave it to the policeman.
COURT. Q. Has Mr. Smith any such on his premises? A. It is very likely he has—it is a very common bristle, most masters have them.
COURT. Q. Are there such on the premises? A. Yes; I do not know that they could be got at without any one seeing them taken; some of the shopmen would see—they are kept in the shop, which is away from the workshop.
DEBENHAM— GUILTY . Aged 48.— Confined Six Months.
1783. JOHN STEVENSON , unlawfully obtaining by false pretences 10 sovereigns of Joseph Edwards; also an order for the payment of 15l. from Webster Flockton; also an order for 9l. 17s. 6d., from William Anderson Rose: to all which he pleaded GUILTY . Aged 32.— Confined Twelve Months.
1784. MARTHA STACEY , stealing 1 neck-chain and other articles, value 32s.; the goods of Vittoria Lybert: and 2 blankets and other articles, value 33s.; the goods of Giacinto Achilli, her master: to which she pleaded
GUILTY . Aged 24.— Confined Six Months.
1785. WILLIAM MASON , stealing 77 sovereigns, 1 half-sovereign, 9 shillings, one 10l. and six 5l. bank-notes; the moneys of Richard James, his master: to which he pleaded GUILTY . Aged 19.— Confined Twelve Months.
GUILTY. Aged 20.—Recommended to mercy by the Prosecutor, who engaged
to re-employ him.— Confined Seven Days.
GUILTY . Aged 38.— Confined Six Months.
OLD COURT.—Friday, October 25th, 1850.
PRESENT.—Mr. Justice MAULE; Mr. Ald. KELLY; Mr. Ald. COPELAND;
Mr. Ald. WILLIAM HUNTER; and RUSSELL GURNEY, asq.
Before Russell Gurney, Esq., and the First Jury.
GUILTY . Aged 55.
MR. PARRY conducted the Prosecution.
CHARLES BATTERSBY (police-sergeant, D 4). On Monday, 18th Sept., a few minutes after twelve o'clock at night, I was on duty in Beaomont-street, which leads out of the New-road, close by High-street, Marylebone—I heard a small piece of glass fall—I got into the middle of the road, listened some time, and then heard a second piece fall—I then looked down the area, and saw the prisoner inside the window—I asked what he was doing there——he slipped out of the window, and got under the area steps—I got over, went down, and on looking behind him, I found a chisel, and a great quantity of silent lights—I found a square of glass had been cut large enough to admit his hand and unfasten the window and get in, and in unfastening the window he had cut his hand, and there was the print of his hand inside the house, three or four feet inside the window, on a stone sill—I saw that his hand was bleeding, and I saw the mark of the blood on the glass where it had cut it—I saw a constable, and called him; he came up—I caught hold of the prisoner, and pulled him out—he said, "I will be quiet, don't hit me, it is no use
hitting me, for I am at work by myself "—I searched to see whether there were any other persons, I did not find any one else—when I pulled him out, a chisel and centre-bit dropped from him, which I produce—I searched him, and found a quantity of silent lights in his pocket—he said, "Let me have a pipe, for I dare say it will be some time before I have another."
DINAH GARDINER . I am the wife of Charles Gardiner. I had charge of the house, 43, Beaumont-street, and lived in it with my children—the house belongs to Mr. James Groves, of 25, Charles-street, Bedford-square—it is in the parish of St. Marylebone—on the night of 18th Sept., I went to bed between ten and eleven o'clock—I fastened the kitchen window perfectly safe—the catch was quite fast—I was the last person up—when I came down in the morning I found the window broken, and thrown up—the goods and things in the house belong to my husband.
Cross-examined by MR. BALLANTINE. Q. Is Mr. Groves here? A. I do not think he is—he is a solicitor; he put me into the house—I knew his name is James; I have frequently seen his direction, "James Groves, Esq,"—his letters are so directed, that is all I know about it—we have been in the habit of letting other houses of his—I do not know whether he is the agent or the owner of the house—I always told the persons that came it belonged to Mr. Groves.
MR. PARRY. Q. How long has your husband been living there for Mr. Groves? A. More than two years—I have never written to Mr. Groves; my husband has—I have seen the letters; he directed them to "James Grows; Esq."—I have delivered letters from him so directed to Mr. Groves.
(MR. BALLANTINE submitted that the ownership by Mr. Groves of the dwelling-house was not made out, the evidence rendering it more probable that he was the agent only; nor was there any ground for laying the dwelling-house in Gardiner, he only having a permissive occupation, and the rule of temporary possession constituting a property, did not apply to the ease of a house. The COURT thought there was evidence for the Jury on both Counts.)
GUILTY. Aged 50.—Recommended to mercy. — Confined Twelve Months.
Before Mr. Justice Maule.
1790. THOMAS BANKS , feloniously forging and uttering an order for the payment of 10l. with intent to defraud James Robert Abbott; other COUNTS, with intent to defraud Abraham Wildey Robarts and others.
MR. ROBINSON conducted the Prosecution.
ANN WALLIS . I am barmaid to Mr. Abbott, who keeps the Fountain and Star, in Coleman-street. I know the prisoner—on 24th Aug. he came to our house, and asked me to change him a check—I said, was it for Mr. Cooper—he said, "Yes"—this is the check (produced)—I have been in the habit of changing checks and notes for Mr. Cooper—I never before changed one for the prisoner—he was in the habit of using our house for refreshment—I gave him 10l., and gave the check to my master.
Cross-examined by MR. PARRY. Q. How long have you know the prisoner coming backwards and forwards to your house? A. About four or five years; he has never brought checks or notes to change—this was the first he ever brought—I am in the habit of changing checks for parties that I know—Mr. Cooper is a messenger of the Bankruptcy Court—the prisoner has been in the habit of coming with different parties for refreshment—I believe some time ago he used to carry messages for Mr. Cooper and other persons in the Court of Bankruptcy.
EDWARD CHAMPION . I am clerk to Messrs. Robarts, Curtis, and Co. We have no person named John Weston keeping an account at our house—this is a very old blank form of check of ours—I should say at least ten years old.
Cross-examined. Q. How can you tell that? A. Within the last ten years we always keep a register of the checks, and we should have a private number on the check, which would enable us to tell to whom we give it—I have been in the service just on ten years—this is not the form we at present adopt—the words "Robarts, Curtis, and Co.," are only made use of once; here they are repeated—I am ledger-keeper—I have not the ledger here—I speak from the contents of the ledger—I know all our customers from S to Z—I do not know all the customers personally—I enter the customers' names in the ledger from instructions—we have no customer named John Weston; we have a Mrs. Weston, and she is the only customer of that name—we have about 150 customers whose names begin with W—I am the only ledger-keeper from S to Z—this check did not come to us through a cashier, but through a clearing-house.
MR. ROBINSON. Q. Although you cannot tell all the names under the letter W, can you tell at once, on hearing a name, whether it is not the name of a customer? A. I can; I could very nearly run the names through.
HENRY ALFRED STACEY . I am clerk to Mr. James Cooper, of the Bankruptcy Court. The prisoner was formerly employed by Mr. Turner, of the Bankruptcy Court, who is now dead—I am acquainted with the prisoner's handwriting, and have been so I should think four years—I have frequently seen him write, almost daily—I believe the writing on this check to be the prisoner's—no part of it is Mr. Cooper's writing—he was not in town on that date; he was at Penzance—I had a letter from him that morning—he had been away for a fortnight previously, and he came back about a fortnight afterwards.
Cross-examined. Q. How long is it since you saw the prisoner write? A. I think about four months—the formation of these letters are the prisoner's—I have looked at the check before—some portions of it are exactly like his writing—some portions are attempted to be disguised—the I in "James" is different to what he usually writes—the C in "Cooper" has a tail to it; that is not like his; but the "ames," those who have seen him write previously would not have a doubt about—he used to copy for Mr. Turner; he was not his clerk; if Mr. Turner had any copying to do he would give it to the prisoner to do—the prisoner and I have not, to say, quarrelled; we have had a lark, or something like that—I have never complained of his telling of any misconduct of mine; I am quite sure of that—I know Bolton, a pensioner of Mr. Commissioner Shepherd's—I was never charged with keeping back the pension, and making use of it myself; nothing of the kind—this is the first time I ever heard of anything of the kind; I swear that most positively—I was never charged with keeping back any money given me by Mr. Commissioner Shepherd to pay a pensioner of his—I have been eight years at the Bankruptcy Court, and the prisoner about four—I have known him during that time—I have had no quarrel whatever with him—he very often got drunk, and would come in and be very bouncable, and I would sometimes order him out—he was in an inferior position to me—he used to create a disturbance, and then I turned him out—I have done that I think twice, not recently; I should think it is twelve months ago—I swear positively I never had any other quarrel with him—I never complained of his stating that I had kept back money which Mr. Commissioner Shepherd ordered me to pay over—Mr. Commissioner Shepherd never gave me a
farthing to pay to any one; nor did Bolton, or any one else, ever give me money to pay to Mr. Commissioner Shepherd, or any one.
MR. ROBINSON. Q. There is no pretence for any charge against you? A. None whatever; I am still in Mr. Cooper's service.
JAMES BRETT (City policeman, 13). I apprehended the prisoner on 31st Aug., in Huntingdon-street, Kingsland-road—he was in bed—I told him he must get up and dress himself, and come with me in custody, on the charge of obtaining 10l. from Mr. Abbot by means of a forged check; I said, "I suppose you know something of it?"—he said, "I shall answer no question"—I searched the room, and in a box, which was locked, I found three sove-reigns wrapped in a piece of paper—I said, "How do you account for the possession of this money?"—he said, "That is not your busmen"—I said, "I shall take it, believing it to be part of the money that was got on this check"—his wife said, "It is mine;" but she said ate would gave me no account of it.
Cross-examined. Q. Is it your usual mode of going about your business, when you take a person into custody, to ask all these questions? A. I told him I was a constable; I thought they were proper questions—I have been nine years in the police force, and for that time have been in the habit of putting questions in that kind of way.
(Check read—"15, Lombard-street, London, Aug. 24, 1850. Messrs. Robarts, Curtis, Robarts, Curtis, and Co. Pay Mr. James Cooper, or hearer, 10l. JOHN WESTON.")
MR. PARRY called the following Witnesses for the Defence.
GEORGE BRYANT . I am a coffee-house keeper, of 39, High-street, Blooms-bury. I have known the prisoner twelve or fourteen years—he has borne the best of characters—I know his hand-writing—I believe this check not to be his hand-writing.
Cross-examined by MR. ROBINSON. Q. Have you seen that check before? A. I saw it about ten minutes ago, at the table, before Mr. Parry began his address—the style of the writing, and shape of the letters is totally different to his—it is about two months since I have seen the prisoner—the last time I saw him, I gave him some accounts to make out, and then saw his writing—I frequently gave him jobs, making out bills and commissions—(looking at a book)—I should say this was his writing; but I generally saw him write in pen and ink, I cannot judge so well in pencil—I believe be left the Bankruptcy Court about twelve months ago in consequence of a death; since then I have given him jobs occasionally, and I recommended him to a friend who gave him commissions as a town traveller, and a very responsible situation it was.
JAMES MAJOR . I am a draper, and live at 3, Cambridge-road, Mile End. I have known the prisoner about twenty-five years—he has always borne an exceedingly honest and honourable character—I have seen his hand-writting several times—I lived with him in two situations—I do not think the writing on this check is bold enough for his; I do not believe it to be his writing.
Cross-examined. Q. What do you mean by boldness of hand-writing? A. Not round and bold enough—I look at the whole of the writing; I do not mean to say there is not a single letter like his, but taking the average of the writing, it is not like his—I never saw him write like this—he is a plain legible writer—I never saw any variety in his hand-writing—I first saw this check just now, the Counsel showed it me before he made his speech—the first situation I was in with the prisoner was twenty-five years ago, and the other twenty-three years ago—I have known him intimately up to this time
—I have never seen him drank—I do not know what his private habits are, I only knew him from visiting me.
MR. PARRY. Q. Did you know him to be a person of thorough respectability before this accusation? A. I did.
HOCKLEY FREDERICK WOOD . I am the prisoner's attorney. I asked the policeman to allow me to inspect the whole of the papers and documents he took from the prisoner—he said he should speak to Mr. Robinson first; he spoke to Mr. Robinson, and then showed me some papers—I asked for the check, and he said he could not allow me to see the check.
Cross-examined. Q. That was this morning? A. Yes—I told you what the policeman said to me—I did not understand you to tell me I was at perfect liberty to see any paper the policeman had in his possession; I understood you to say, "The papers"—the impression on my mind was that you meant not the check, but it was in a hurry—I did not mention the check to you—I do not remember expressing myself perfectly satisfied with what you told me. GUILTY of uttering. Aged 42.—Strongly recommended to mercy on account of his previous good character. — Confined Eighteen Months.
1791. ANTONIO MOLTINI , feloniously making and engraving part of an order for the payment of sixty lire, with interest thereon, purporting to be part of the order of Francis Joseph, Emperor of Austria.
LAURENCE LEE . I am a lithographer and engraver, at 245, High Hol-born; the business is partly mine, and partly my father's. On Monday, 2nd Sept., the prisoner came to our house—he spoke to me in English—he showed me one of these notes, and asked me what I would do 3,000 of them for—this (produced) is one that he produced to me—I replied that they would be 2l. 15s.; and then observing a water-mark, I asked if he wished to have that done—he said, "Yes"—I said that would be 10s. more—they were to be lithographed, and to be an exact copy—when I said it would cost 10s. more, he said he did not care much about that; if we would do them at a reasonable price, he did not want to bate us down, but he wanted them done as reasonably as possible—there are two impressions on the note, made with dies; the prisoner asked me what we would engrave those two stamps for—I said I would tell him next time he called—I told him I should require a deposit—he said he was not prepared then, but he would call next morning with it—I am not certain whether the first time he came he explained the nature of the notes, but he did either the first or second time—he came next day and gave me a sovereign—he then said it was a ticket by which miners or labourers could get anything they wished in the shape of provisions or clothing, and that they were paid by the proprietors of the land—I do not understand the Italian language—he asked when he could see a proof of them—I said in two or three days—he did not give me any name, he said he lived in Brook-street; that is near our house—he mentioned the house in Brook-street, but I forget it—when he came the second time I told him the dies would be a sovereign each—he seemed to think it rather high, and said he would see himself about it—I told him he would probably find somebody in Clerkenwell that would do it for him—I began the work—during the progress of it the prisoner called almost every day during the week, he saw it in progress, and seemed very well satisfied as far as we had gone; he repeated the injunction which he gave us first, to do them well—I communicated with my father on the subject on 3rd Sept., the morning after the prisoner came—
after he had called several times and seen the work in progress, he produced to me this other note (looking at one for 60-lire)—I believe that was on the Thursday; I am not exactly certain of the day, it was about a week after he first came—I had previously shown him a proof of the 5-lire note, as far as it had gone—when he produced this 60-lire note, he asked what would be the price for 1,000 of them printed back and front—I said they would be 5l. 10s. with the water-mark—he agreed to give that—he did not give any description of that note to me—I did not require a further deposit on that new order; he gave me another sovereign on the old one—he afterwards called to see a perfect proof of the first note—that was on Tuesday, the 10th; he examined it, and said it would do very nicely—he wished me to get on with the other as fast as possible, as he was going out of town on the Sunday—I understood him to say he was going to Birmingham, but I am not very certain about that; it was promised on the Saturday—I have not got the proof I showed him of the first note—this (produced) is a proof of part of the second note that I showed him—he expressed himself satisfied as far as it had gone, and wished it finished, and he would come on the Sunday to see a proof, as he had to go out of town; this is a finished proof—it is a proof from a lithographic stone which I made in pursuance of his directions—I promised that the 3,000 of the first notes should be done on Thursday—he said be would call, but he did not—he came on the Saturday, about eleven o'clock in the morning—he said he had called for the labels which he had ordered—I do not know whether he used the term "labels" or "tickets," but I rather think it was "labels," as he had called them labels before—I said they were ready, and I would fetch them—I went up stairs and brought down a packet containing the 3,000 of the first notes, and delivered them to the prisoner—he opened the parcel and examined the notes—he said some of them were a little pale—he paid me a balance of 1l. 5s.; he had paid me 2l. before—he took away the 3,000 notes with him in the packet I had given him—before he left he saw a proof of the 60-lire note; he had seen it before, partly finished—he expressed himself satisfied, and said he would call the next day—at that time I was aware that Forrester, the officer, was in waiting in the neighbourhood—I believe my father had been in communication with Forrester on Tuesday, 3rd Sept.
Cross-examined by MR. CLARKSON. Q. When did you first see Forrester? A. I do not think I saw him till the day the prisoner was taken, or the day before—I did not myself see any one on the subject of this engraving except the prisoner—I gave it into my father's hands, and he saw about it himself—nobody had come to our place of business on the subject of what we were doing at any time before 2nd Sept.—the first intimation of any desire to engrave or make any ticket or label I received on 2nd Sept.—nobody that I am aware of had been at our house before that—nobody came I think for about a week, when some person came to see the prisoner, some one connected with the officers; it might have been a week or ten days—I believe it was Mr. Goddard—nobody else came that I recollect—I believe Goddard did not see the prisoner at that time, but he saw him afterwards—I was not at home then—the first intimation I received on the subject of any engraving of this kind was on 2nd Sept., and the prisoner was the first person I saw—I saw no foreign gentleman, nor any one else—I have never seen any foreign gentleman about it.
MR. SOLICITOR-GENERAL. Q. What did Goddard come for? A. The first time he came to identify the prisoner if he saw him.
business with him as a lithographer and engraver at 245, High Holborn—my son made a communication to me with respect to a note of this description (looking at the five-lire note)—that was some time on Tuesday, 3rd Sept.—he showed me this note, and left it with me—I made some inquiries, and afterwards got an Italian dictionary—I do not understand Italian—I made use of the dictionary and translated it—I afterwards put myself in communication with Forrester; I saw him at the Mansion-house—I first saw the prisoner about the Thursday or Friday, the 5th or 6th, at our house—I then had a proof of this five-lire note; I showed it to him; he said it would do very well—I understood him to say at that time that it was a miner's ticket, and that it was given in lieu of money for provisions or clothing—one of the impressions was lying in the shop-window—he said he did not wish it exposed, that some of his countrymen might come in and notice them—I saw him again one day in the beginning of the next week—at that time he brought the sixty-lire note, and gave it me to do; I was to lithograph it—he said it was to be exactly like this—I am not aware how many he ordered—my son was present—the prisoner subsequently said they were lottery-tickets—he said he did not wish them to be seen—he said he would be a good customer if I did this to time—a lithograph of this was made in my establishment.
Cross-examined by MR. BALLANTINE. Q. You say you saw Forrester at the Mansion-house? A. Yes; I had not seen him previously; I am quite sure about that, or any one from him—I had had no communication from him of any kind—I went there of my own accord—it was not Forrester who found me out; I am certain of that—I found Forrester out, not Forrester me—I made the first communication on this subject to the officer—I had received no communication from anybody previously—no inquiry was made of me—I never had a matter of this kind to do before—I lithograph documents of this kind.
COURT. Q. Is the water-mark you speak of, the waving line on the pink ground? A. No; if you hold it up, you will see it—I do not wish to tell how it is done—it is not exactly in the line of a lithographer—this is the original he gave me—that has a real water-mark, the other is not a real one.
JOHN FORRESTER . I am a police-officer of the City of London. I received a communication from Mr. Lee I think on 4th Sept.—he came to the Mansion-house to me, and made a communication to me, and that communication] I made to Mr. Bush—I employed Goddard—he went with me on the morning of the 14th—I was not aware of his going to Mr. Lee's in the interval—he went with me on the morning of the 14th, and we saw the prisoner a little before ten o'clock—he went into Mr. Lee's house, and stopped there I think about a quarter of an hour or twenty minutes—he then came out with this parcel—I followed him down Holborn into Warwick-court, and then took him into custody, and took the parcel from him—I took him to Bow-street station—when I got him there, I undid the parcel before him, and told him that they appeared like the parts of an Austrian note—he said that all he knew was that a gentleman in France had given him an order to get these things done, and he supposed them to be lottery-tickets—that was all that passed between us—I afterwards went to his house—he gave his address at the station—it was 13, Little Brook-street, Holborn, the George public-house—I went there, and in his room I found this passport (produced) and other papers—there are two or three letters addressed to him by his name—I also found two more of these Austrian notes—(These were stated to be genuine notes of sixteen and thirty lire.)
Cross-examined by MR. CLARKSON. Q. I understand. from your evidence
that the first intimation on this subject that came to your knowledge, was at the Mansion-house? A. Yes, from the elder Mr. Lee: I think that was on 4th Sept.—I had no knowledge that anything of this sort was in progress before Mr. Lee called on me—the communication I received was from Mr. Lee the elder—it was not a communication made to the Magistrate at the Mansion-house; it was a private communication to me—I knew Mr. Lee before—the first time I knew him was, I think, two years ago—I had never put him in motion, or he me on the subject matter of such a transaction as this, before I saw him on 4th Sept.—I became acquainted with him by some persons who were convicted here, going to his house to buy some stones for printing notes—that was in a Russian ease, and he was a witness in the ease—I think it was about two years ago; it was the case of Friedeburgh, I think—Mr. Lee had not given any information on that occasion; I think the information went to Mr. Peachey—I think Lee was the person that made the communication—I did not take any advice of any of the authorities at the Mansion-house before I proceeded to Mr. Bush—I went to Leadbetter first—he has something to do with the Austrian Government, and the Commissioners were over here—we talked the case over, and we went to Mr. Bush together—part of the gentlemen who are here now, were in this country at that time—I cannot tell how long they had been here—I only knew of their being here a day or two before 2nd Sept.—I had not seen anything of Mr. Bush on the subject before 4th Sept., nor had Leadbetter, that I am aware of—Leadbetter knew nothing of it till I acquainted him of it—I had not seen the Commissioners before 2nd Sept.; I understood they were at Birmingham on a case there—I did not go to the Austrian Consul; it strikes me that somebody else went, I forget now—I went to Mr. Bush because these gentlemen came, and wished to have advice about it, and that was the reason I went to Mr. Bush with them—I did not have any communication with Mr. Bush until I had seen the Commissioners—I went to Mr. Bush the next morning after receiving the communication from Mr. Lee—I think Mr. Bush was the first person I saw after I had seen Mr. Lee—if you will allow me, I think I can now recollect—there was a person of the name of Netherclift who came to Mr. Bush to give some information about some man—I only know that, because when I went there I saw Mr. Netherclift; he is an engraver—I never saw anybody on the subject of this transaction until 1 saw Mr. Lee, and then I directly went to Mr. Bush.
Q. I want to know, as at that time you had seen nobody, and knew nothing of the transaction, why you went to Mr. Bush? A. Because Mr. Netherclift had been to Mr. Bush the day before—Mr. Bush sent to me to tell me about Netherclift, and then I stated to Mr. Bush that there was another man of the name Lee giving the same information—I had the message from Mr. Bush the day before I saw Mr. Lee.
Q. If you had had a communication with Mr. Bush before, how do you reconcile that with your seeing Mr. Bush for the first time after you had seen Mr. Lee the elder? A. I saw Mr. Bush, but not on Mr. Lee's information at all—Mr. Bush sent for me because Netherclift had come to give some information on the same sort of thing, and when I went the next day I said that Mr. Lee had been—I think it was on the 3rd I was sent for to Mr. Bush—I said I knew that the Commissioners were then in London—I think it was 2nd Sept.—I had not seen Mr. Bush before I knew that the Commissioners were here.
Q. What I want to know is, how it happened that Mr. Bush had anything to do with the matter? A. Because when Leadbetter came we thought we
would advise with him, and he was recommended to the case—when Leadbetter came to me we thought we would advise with the Commissioners, and recommend Mr. Bush to the case—Mr. Bush has these sort of cases, and understands them, and I thought he was a very proper person to advise with—I had no particular reason for going to Mr. Bush, without communicating with my superiors—what I did was for the best—I and Leadbetter and the Commissioners all went together to Mr. Bush to advise with him—I did not see the Commissioners before I went to Mr. Bush—the first time I saw them was on the 5th; I think about two o'clock—they came to the Mansion-house, and then from there to Mr. Bush's—I expected to see them at the Mansion-house through Leadbetter—I think I saw Mr. Bush before I saw the Commissioners: I have not a doubt about it—it was through Nether-clift the thing was mentioned—I went to Mr. Bush the day after Mr. Lee made the communication to me; I do not know what time of the day I went; I think it was in the morning, about twelve o'clock—I did not employ Mr. Bush at that lime—I went to Mr. Bush because he sent to me, because Netherclift had given him the information; and when he had told me that, and Lee gave me the information, I went and told him of the circumstance—I had no communication with any person whatever on the subject of this transaction until Mr. Lee came to me and made a private communication to me at the Mansion-house—I did not have any communication with anybody else until I saw Mr. Bush—it was on the 4th that I had a communication from Mr. Bush, not on this subject—it was perhaps five o'clock; it might be four; I am not sure—I had seen Mr. Lee about twelve in the morning—when I saw Mr. Bush at four or five it was at his own office—I had not had any communication with him before that about any subject of this kind—I went to Mr. Bush because he sent to me when Netherelift was there.
COURT. Q. As I understand, Mr. Bush had something told him by Mr. Netherclift that had something to do with something like this, and then Mr. Bush sent to you? A. Yes—in the meantime I had seen Mr. Lee the elder, and when Mr. Bush told me what Mr. Netherclift had told him, I said that Mr. Lee had been to me about the same thing.
MR. CLARKSON. Q. Just let me understand you once more; had you had any communication with either Mr. Bush or Mr. Netherclift until after you had seen Mr. Lee the elder? A. No, I had not—I did not know there was anything of this description with reference to the prisoner, or any other man, until I saw Mr. Lee—I went to Mr. Bush in consequence of a message: I swear that it was a message on the subject of the person who went to give him the information.
Q. You told me a while ago that you and Leadbetter had agreed to recommend Mr. Bush, is that so? A. I do not know about recommending—we took him, because he is a person understanding this particular affair, or things of this sort, and the Commissioners, I, and Leadbetter went over together to consult him—we went over as much as anything because we knew that Mr. Bush knew that Netherclift had been giving some information—it was afterwards that I went with the Commissioners—I went to Mr. Bush in consequence of the message I received; it was not about Mr. Lee—I cannot tell who brought me the message—I did not say just now that I went to Mr. Bush of my own accord: I do not think I said such a thing—I am positive I went to him, because he sent for me in consequence of Mr. Netherclift being there.
MR. SOLICITOR-GENERAL. Q. You have been asked about these Commissioners, what were they here for, do you know? A. They were here, as
I understand, about a case they were prosecuting at Birmingham—I never saw them on that account, but I knew that Leadbetter had to do with the Austrian Government, and I sent to him to come to me directly; and when I knew the Commissioners were here I thought they were proper persons to advise with.
JOHN BUSH , asq. I am a member of the firm of Bush and Mullens; we are conducting this prosecution. On Monday, 2nd Sept., I received a communication from a person named Netherclift; it had reference to the 5-lire note on the table—I immediately took that note, and communicated with Messrs. Rothschild and Co., who are the bankers of the Austrian Government—they referred me to the Baron Kohler, the Austrian charge d'affairs, and I went to him immediately—I received an appointment to see the Baron Kohler next day—in the interval Forrester came to me and showed me a similar note, different from that which I held—I had sent to Forrester on the Monday evening to say that I wished to see him—he came next day, and brought Lee, senior, with him—he brought with him another note for 5-lire, similar to that which Netherclift gave me the day before—I saw the Baron Kohler next day, and received directly from him, my first instructions to communicate with Mr. Develthensal the Commissioner on this case, from whom I have since received all instructions—Mr. Develthensal is one of the twenty-four principal Commissioners of Police for the Austrian Empire, and he is now in Court—he was here, I believe, on a prosecution at Birmingham.
JAMES SHEPHERD . I keep the George public-house, in Brook-street, Holborn. I know the prisoner; he was lodging at my house at the time he was taken into custody for this offence—he came there on Sunday, Sept. 1st—I had known him before for twenty years—I knew him in business in Edinburgh, as a glass, barometer, and thermometer-maker—I knew him there till I left, fifteen years ago—he was in business there five, six, or seven years, to my knowledge—I did not know him in business anywhere else—I had not seen him in London till Sept. 1st—I always understood him to be an Italian, but I have no knowledge—I always beard he was an Italian—I hare not heard him say what countryman he was—I did not know him in business in London—I have only lived in Brook-street six months—I recollect Forrester coming to my house; I pointed out to him the room in which the prisoner lodged.
CHARLES GALLIEA . I am a barometer-maker, and live at 68, Hatton-garden. I have known the prisoner about twenty-five years; he is an Italian—I know he can read writing and printing, but he is not much of a writer—I do not know that he speaks very good English; I have heard him speak English—I knew him when he was in business in London—he was in business in Edinburgh, and he was in partnership with others in London—I knew him in business in London up to about ten years ago—he has been away from England since he gave up business.
Cross-examined by MR. CLARKSON. Q. How do you know he is an Italian? A. He calls himself an Italian—he says he was born close in the neighbourhood of Como—he has not told me so, but we all know he was born at such a village—I cannot tell you how I know it—he has never told me that he was an Italian, nor where he was born, but I know the place where he was born.
MR. SOLICITOR-GENERAL. Q. Have you ever heard him talk Italian? A. Yes; his language is not Italian; it is the patois of Lombard; he talks that language like others coming from that part.
Hatton-garden. I have known the prisoner nearly twenty-five years—I know him to be an Italian because I know the village where he comes from, it is Copiango, near Como—I have had conversations with him in Italian.
Cross-examined by MR. BALLANTINE. Q. During that time I suppose you have known nothing against him? A. No; I do not know how long ago it is since he first came to England; I think he was in England before me—I came in 1826—he was then at Manchester—I do not know anything about these notes in Lombardy—I was in Italy last March, and there is this money there—it is two years ago since they began to introduce these notes, since 1848, I believe—there is an objection to taking them, because, I think, we can go into the market and buy them for twenty centisimo less—the Government themselves object to take them; and if they receive them for taxes you must have half in notes, and some persons will not take them—there is a great objection to them among the peasantry, because they are not acquainted with them—they will take them, but I think they would prefer money.
MR. SOLICITOR-GENERAL. Q. But do they circulate? A. I believe so—I cannot say much about it, because I was not there long—I did not take any of them.
PAUL PRETSCH (through an interpreter). I am the appointed overseer of the Royal Printing Office at Vienna, which is under the direction of the Imperial Minister of Finance, Baron Grousse—the two notes produced are genuine—they have been printed at the institution to which I belong—these others are not genuine—Montecuccoli, whose signature is to the genuine notes, is the Plenipotentiary of his Imperial Majesty in Italy—his Majesty's Christian names are Francis Joseph.
Cross-examined by MR. CLARKSON. Q. Is there any writing of Montecuccoli's on any of the notes? A. None; it is all printed—the signature is printed at the same time with the other part, at the Imperial Printing Office at Vienna.
GUISEFPE TSCHEIRTSCHER (through an interpreter). I am General Paymaster in the Lombardo Venetian Provinces of Austria. His Majesty's title there is King of the Lombardo Venetian Provinces—it is called "The Lonbardo Venetian Kingdom"—it belongs to my functions to issue the paper money of Austria in that country—I receive these notes from the centre administration, or treasury, at Vienna, in order to distribute them afterwards to the other branch treasuries under my direction—it is my duty to know whether notes are genuine or not—these two notes for 5 and 60-lire, are perfectly genuine—I receive them so from Vienna, with the signature of Montecuccoli printed on them—these others are false—the genuine notes are received as ready money, not only by the treasuries, but among the public generally—they are received according to their nominal value, without reduction—if 5 they are received as five, if 60 they are received as sixty—every one is bound to receive these notes instead of the Convention currency or coin—the 60-lire note carries interest with it—the party bringing this note when it is due, receives so much interest on it, which is marked on it, in coin—the 5-lire notes are the lowest of all—these two stamps which are on the note, are printed at the same time, at Vienna—the smaller note has a Vienna stamp, and the large one a Vienna stamp, and likewise a control stamp affixed in Milan, by the Imperial Stamp Office, in order to avoid falsification, and to be a sort of evidence, and to prevent a greater number being put into circulation than is appointed by the Government—there is such a coin as a lire circulating in that country, each lire contains 100 centissimos.
Cross-examined by MR. CLARKSON. Q. By what law is it that the people of the Lombardo Venetian Kingdom are bound to take these notes? A. By the proclamation of the Emperor issued in March, 1849—the interest on a 60-lire note is paid in coin.
WILLIAM FREDERICK BEKEM . I am a translator. I have made a translation of this 5-lire note—(read—"1st April, 1849; A Lombardo Venetian Kingdom—5—Treasury note, Five Austrian Lire. The present note of 5-lire is taken in payment as hard cash at the central treasuries, and at all the public treasuries of the Lombardo Venetian Kingdom. The Imperial Commissary Plenipotentiary Montecuceoli"—the 60-lire note is, "Como—Number 113,496—1st April, 1849—D—Lombardo Venetian Kingdom—60—Treasury note—Sixty Austrian Lire. The present note of 60-lire, and the amount of the interest due thereon, at the rate of the indication on the back hereof, are taken in payment as hard cash at the central treasuries, and at all the public treasuries of the Lombardo Venetian Kingdom. At the expiration of one year the interest will be paid in cash at the central treasuries against the issue of a fresh note. Imperial Commissary Plenipotentiary Montecuceoli"—at the back there is a calculation—the words are a beading to a sort of table on the amount of 60-lire—"Interest will be paid, reckoning from 1st April, 1849, at the rate of 1 centessimo for every two days—on the following table is specified the complete amount due as stated"—I believe these (the forgeries) to be to the same effect as the others, except that she 60-lire note has nothing at the back.
GUILTY . Aged 48.— Transported for Seven Years.
MR. BRIARLY conducted the Prosecution.
FREDERICK GROOM . I am a hawker, of 123, Wentworth-street, Whitechapel. I have charge of the house, and conduct it—it is a lodging-house—the prisoner lodged there—on 27th Sept., about eleven o'clock at night, I was in my kitchen, and saw the prisoner in the yard, haring words with his woman and my woman—I went out, and found him using bad language towards them—I spoke to him—he commenced abusing me—I said I would not put up with such insulting language, and caught hold of him to turn him, out at the side-door—at that moment I felt a pain in my left side—I thought it arose from a cold, and went indoors, and got the landlord's wife, who lived next door, to come and make all quiet—I went out to shut the shutters, and felt pain still—I remained in the kitchen till twelve, when I went to bad, and found my side saturated with blood—I became faint, and was not able to undress myself—I found a wound, and was in the hospital from that Sunday to the next Saturday—the woman I live with is not here; she was afraid of being punished for perjury.
Prisoner. Q. Did you see any knife in my possession? A. No.
EDWARD ORAMS (policeman, H 18). I took the prisoner—he was m bed with a female, at 6, Plough-court, Whitechapel—I saw a knife under the snacking of the bed, and a handkerchief, and piece of rag with some halfpence in it—the woman said that the knife was the prisoner's—I remarked to the sergeant, at the station, that the small blade was broken—the prisoner said, "The blade was broken when it was given me by a man a few months ago; if the large blade is broken, I am guilty"—the large blade was not broken—he appeared to be recovering from drunkenness.
hospital, and attended him for a week—he had a stab about half an inch long between the eighth and ninth ribs—it was a most dangerous place—this knife would produce such a cut.
Prisoner's Defence. He was going to turn me out, and knocked me down several times; I have only one leg—the landlady gave me the money to go to another lodging; I went there, but had not the knife at all; the man has commited perjury before the Magistrate in saying the woman was his wife.
NOT GUILTY .
MESSRS. CLARKSON and O'BRIEN conducted the Prosecution.
GEORGE WILFORD . I keep the Star and Garter, Shoreditch. On 27th Sept., about half-past twelve o'clock, the prisoner and four others came, and called for a pot of stout—I gave it them, and two glasses—they drank it, and got shoving one another about, and broke one of the glasses—I said, "You have broken the glass"—one of them said they had not—I said, "Nonsense, there it is lying at your feet; I don't suppose you broke it purposely; it cost 6d.; if you pay 3d., I will pay the rest"—they did not offer to pay for it—I went round to shut up the house, and three of them shoved me up in the corner, and held me there—the prisoner picked up the glass, chopped me in the face with it three or four times, and left me for dead—I was all over blood—my nose was cut open to the bone, and ray lip was cut right through—they all ran away—I had not known him before, but I am sure of him—he was brought back in ten or twenty minutes.
Cross-examined by MR. METCALF. Q. This corner was close to the door? A. Yes—they could get out while I stood there—they did not allow me to get to the door—Saunders and Brackling held me in the corner—it was all done in a moment—the man who struck me had no apron; he was in his shirt-sleeves—Saunders had a black apron—they were in the house about twenty minutes—I hear that Bracklin has run away to Ireland.
JOHN WILLIAM PRIOR . I was in the Star and Garter, and saw the prisoner and five or six others—Mr. Wilford said, "There is a glass broken"—one of them said there was not—Mr. Wilford said, "Yes there is," and walked round the counter to put the shutters up—he said, "Come, pay for the glass"—one said, "How much is it?"—he said, "As you own to breaking it, it is a 6d. glass; pay me 3d."—they said they could not pay till Monday—he said, "There are five or six of you, pay me now"—they all rushed to the door—the prisoner took the glass from the floor, and struck Mr. Wilford—blood flowed profusely—I only saw one blow—I am sure the prisoner is the man—I had never seen him before.
Cross-examined. Q. It all took place in a very short time? A. Yes—I think the prisoner wore an apron, but am not sure—Saunders did.
FREDERICK RANDALL . I was at the Star and Garter—the glass was knocked out of one of their hands, and the prisoner, Saunders, and Bracklin, got up, and rushed to the door, sending Mr. Wilford into the corner—the prisoner struck him on the nose with the broken shank of the glass twice—I have no doubt he is the man.
Cross-examined. Q. In what part of the room were you? A. Against the door—they rushed past me—the prisoner's back was to my face—I never saw him before—Mr. Wilford was enclosed by the men.
CHARLES BOUCHER (policeman, H 26). I heard a cry of "Police!" and saw the prisoner, Saunders, and Bracklin running out of the Star and Garter—I took the prisoner and Bracklin in their own house, and took them back—the landlord was bleeding very much from the nose and lip.
PETER LODWICK BURCHELL . I am a surgeon—I examined Mr. Wilford, he had a deep jagged wound over the bridge of the nose, and one on the upper lip—they were not dangerous in themselves—a broken glass would produce them.
GUILTY of an Assault. Aged 19.— Confined Three Months.
MR. METCALFE conducted the Prosecution.
MARY GAVIN . I am single. In Aug. last I lived at 8, Green's-court, St. James's, with my sister—the prisoner also lodged there—I went to a situation, at 8, Leicester-place, Leicester-square, and left my box in my sister's charge—it contained seven dresses, five petticoats, two dozen pairs of stockings, four sovereigns, a scarf, and some caps and collars, altogether worth 14l. or 15l.—after I had been a week in my place I went back for my box, and it was gone—I had not sent the prisoner for it, or seen her since I left my sister's—I afterwards met her in Seven-dials, and gave her in charge—I asked where she had taken my box to—she said she brought it to the door, and gave it to a woman, where I was living in my place—I saw a pair of my stockings taken off her feet at the station—they had been in my box, which was locked.
Prisoner. Q. Did not I bring you some clean linen on Thursday, the 26th, at seven o'clock in the morning? A. No such thing; you never came near me—I did not tell you to ask my sister's boy to bring the box, nor tell you to get it for me—I never sent you to pledge any of my things—I was two months lodging at my sister's.
COURT. Q. How came you to have so large a stock of clothes? A. I kept my situations, and worked hard for them—I was two years in one place, and twelve months in another, and twelve months in another—I had 10l. a year in one place, and 9l., and 11l.
ELLEN M'NALLY . I am the wife of John M'Nally, and sister to the prosecutrix. She left her box in my charge when she went to service—it contained the things she has stated—it was locked, and she had the key—the prisoner came up to me on Friday morning, while I was in my confinement, and said, "I saw your sister, through the area where she lives, and she hallooed up to me to bring her box to her, as she has no clothes to put on in the evening"—I said, if she wanted her box she would come for it herself—she then went out, and returned in about an hour and a half, and said, "Your sister says she wants the box very particularly, and if she does not come for it at four o'clock, I am to take it to her, between six and seven"—she took the box there and then—she came back in about half an hour, and said, "The box is all right; I left it with your sister at her place, and she will come out on Sunday for two hours"—she said she had taken my boy to help her with the box—she stopped in my place that Friday night and Saturday, and both days she was drunk, and it was little I thought it was my sister's money and clothes she was drinking—she went away on Sunday evening, without a minute's notice.
Prisoner. Q. Did not the boy go with the box, and did not you put it on his head? A. Oh, you wicked wretch! but you can say anything; you have had no book in your hand; I have, and I am telling the truth—you sold the box in the Dials, for 18d., to a Jew girl—you told me you were a dressmaker, instead of which you get your living in the streets.
JOHN M'NALLY . I am the last witness's son, and am fourteen years old. I met the prisoner coming down my mother's stairs with the box—I asked where she was fetching it to—she said, to my aunt's—she asked me whether I would help her, and I helped her till we got to the corner of Lisle-street, Leicester-square, and she said, "Here is where your aunt lives; you return home, for fear her master or mistress should see you without any shoes or stockings on"—I went home, leaving her with the box.
Prisoner. Q. Did not you carry it all the way from your mother's on your head? A. No, you helped me—it had a rope round it—you did not leave me to take the box to my aunt's, and go home—I got back home half an hour before you.
WALTER HOLMES (policeman, F 50). I took the prisoner into custody—I told her what she was charged with—she said she had not the things; the lad had them—these stockings were taken from her feet at the station.
ELIZABETH DAY . I keep a shop in Dudley-street. The prisoner came there on Wednesday, 25th Sept., and asked me to buy of her a brown apron and nightcap, two pocket-handkerchiefs, and one pair of stockings—I bought them—I produce the nightcap and stockings—the others I have sold—she came again, a few days after, and I then bought of her thirteen duplicates—I redeemed four of the pledges, and gave the other nine tickets to the officer—two aprons which I redeemed were identified by the prosecutrix, as they hung at my door—these are them.
Prisoner. Q. What name was on the duplicates? A. "Young" on most of them.
JOHN EDWARD NEEDSS . I am a pawnbroker. I produce a dress which was pledged on 31st Aug., for 6s., by a female, I cannot ay who, in the name of Ann Steel—the officer has produced to me the duplicate I gave.
WALTER HOLMES re-examined. I got that duplicate from Mrs. Day, as one of those she bought of the prisoner—I have been round with the prosecutrix to the pawnbroker's, and six out of the nine duplicates relate to things which she identified as her property, but the Magistrate did not think it necessary to bind those witnesses over—I have the duplicates Mrs. Day gave me; they are in the name of "Young"—I have seen the box—it was left at a place for rent, where a little Jew girl lived.
Prisoner. Q. Did you not go down into the country to see if you could find anything at my mother's? A. No; I searched your lodging, but found nothing there.
MARY GAVIN re-examined. I went round with the officer, and identified the articles which I saw at the pawnbroker's—this gown produced is mine—it has my own work on it—this apron, and these stockings, and this cap, are mine—there is my own darning on the stockings—they were all in the box when it was lost.
Prisoner's Defence. I know nothing about it; I had nothing to do with the things after I left the boy with the box; the stockings I bought in Old Compton-street, with some ribbon, on Saturday night, 7th Aug.; if I could afford to send there, the people could prove it; I have two children to work for.
GUILTY. Aged 30.—Recommended to mercy by the Jury. —
Confined Six Months.
NEW COURT.—Friday, Oct. 25th, 1850.
PRESENT.—Mr. RECORDER; Mr. Ald. MOON; and Mr. Ald. SIDNEY.
Before Mr. Recorder, and the Fifth Jury.
GUILTY . Aged 21.— Confined Three Months.
GUILTY . Aged 16.— Confined Fourteen Days.
GUILTY . Aged 22.— Confined Four Months.
1798. GEORGE BROOKS , feloniously forging and uttering an order for the delivery of goods, with intent to defraud Richard Mosley and another: also, an order with intent to defraud William Dudley: to both of which he pleaded
GUILTY . Aged 29.— Confined Four Months.
GUILTY . Aged 37.— Confined Three Months.
GUILTY of a Common Assault. Aged 20.— Judgment Respited.
MR. PARNELL conducted the Prosecution.
RICHARD LAMING . I carry on chemical works at Mill-wall. I have one partner—the prisoner was our foreman since the beginning of the year—he had no authority to sell anything—he was desirous to sell, but was forbidden to do so, on his own account or ours—he was to superintend the works—I do not know Mr. Trott, nor Mr. Tarras—he has never accounted to me for any money received from them, or for any sulphate of ammonia sold to them—we had sulphate of ammonia on our premises in April.
Cross-examined by MR. O'BRIEN. Q. Are your books here? A. Yes; from April to July—they are kept by the prisoner—the prisoner never sold any sulphate of ammonia by my authority—a gentleman named Haynes sold it, who was our commission-agent—none that I am aware of was sold in a regular way, but by him—we have from four to ten or twelve men at work—I was in the habit of being on the premises occasionally.
THOMAS FARRANT . I am a labouring chemist, in the employ of Mr. Trott; I live at Lee-place, Old Ford. I saw the prisoner in April at the prosecutor's premises—I asked him if he would sell sulphate of ammonia in small quantities—I said I was a poor man, and would pay for it by instalments—he said he could not say anything about it till he had seen his master—I called again about a week afterwards, and he said his master would not have anything to do with it, and if he sold it he must be responsible for the money—he agreed for me to have half a ton, and he sent me half a ton in—
I paid him 2l. deposit before I had any—I had this paper from him—I cannot read—it was 11l. 10s. a ton—I paid him the remainder of the money—I did not have any bill or invoice.
Cross-examined. Q. Who else was there when you went? A. A man or two, but I spoke to the prisoner by himself—it might be a fortnight after I saw the prisoner the first time that the half-ton came in—I bought it for myself, it was delivered at my own house—I work it up—I carry on business on my own account, and am in Mr. Trott's employ also—he is a manufacturing agricultural chemist—I never saw Mr. Laming's agent—when I went to the works I asked for the foreman—it was delivered between a week and a fortnight after I paid the 2l.
GEORGE HOWELL . I am a carman. I was employed about April or May to take half a ton of sulphate of ammonia from the prosecutor's premises to Lee-place—I delivered it to Farrant by the prisoner's direction—he pointed out to me what I was to take.
Cross-examined. Q. Who paid you for taking it? A. No one; I am employed by Mr. Fardell—two of Mr. Laming's men helped me to load it—the prisoner was standing by—it was in the evening—Mr. Laming was not there—I cannot say what day or month it was, it was in summer time.
JOSEPH PUDDIFORD (policeman, K 276). I took the prisoner on 2nd Oct., I told him he was charged with embezzlement—he said, "Take me as quietly as you can"—a young man who was sent with me from Mr. Laming's, said to him, "Dont be down-hearted, Cosgrave"—the prisoner said, "It is many a good man's case; there are others that ought to be in the same mess that I am in"—I cautioned him not to say any more.
Cross-examined. Q. You told him he was charged with embezzlement? A. Yes, I did not mention money.
MR. LAMING re-examined. About April, the lowest price of sulphate of ammonia was 12l. a ton; the best was 15l.—the prisoner was taken on 2nd Oct.; he had been discharged from our employ on 13th Sept.
Cross-examined. Q. Are there any partnership-deeds between you and Mr. Owen? A. None; the agent received a commission of two and a half per cent.—Mr. Owen attends to the cash department—the prisoner may have received orders from him, but it is my department to give him orders—the sulphate of ammonia had never been lower than it was then; it had been much higher.
GUILTY . Aged 28.— Confined Four Months.
(There were two other indictments against the prisoner.)
Before Russell Gurney, Esq.
MR. BALLANTINE conducted the Prosecution.
DAVID HYAMS . I am in partnership with Alfred Davis and another, at 59 and 60, Houndsditch—we are foreign and Birmingham and Sheffield merchants—the prisoner was in our service about eleven months, at wages about 27s. or 28s. a week—he was given into custody on another charge about 19th Sept.—I had his address at home—I asked him at the station if that was his correct address—I went with the officer to the place he told me—immediately on entering the place I saw a number of goods that were ours—I took possession of them—here are three musical-boxes, worth 2l. 5s., four port-moniers, eleven rings, seven hair-bracelets, ten brooches, a locket and guard, two pairs of earrings, a gold breast-pin, and other things—this Swiss view, bears my mark, and another article bears our private mark—if these articles had been sold by the prisoner it would appear in this book
(produced)—if he purchased any articles he would have to take them to one of two young men, and ask him to enter them in a book—they must be entered at the time previous to his having the goods—my attention would not be called to it till the signing of the ticket for the money—I have never heard of the sale of any of these articles, or signed any ticket for them.
Cross-examined by MR. PARRY. Q. Do you mean the ticket for the payment of the money? A. Yes; I sign the book when the money is received from the assistant—I believe the prisoner had been a commercial traveller in the country before he came to us—I never heard that he had been in the service of any other person in the same way of business—we do not always take shopmen who have a knowledge of our business—when I went to the prisoner's house I took a great many other things, to the amount of about 4l.—we went over the books and returned the articles—we returned a musical-box which I had seized in the first instance—this article bears my mark in my own writing—the value of this Swiss cottage is 2s., but we do not sell retail—there is my private mark on this box—the other articles resemble articles in our warehouse, and some of them are of patterns made for ourselves—this bottle is of foreign importation, which we get mounted in England—London might be paraded through, and a similar bottle with the same mounting could not be found—we get the webbing for these glovelets in London, and the mounting is done in the country—these four articles are ours—I believe this assortment of articles could not be got but at our warehouse—I knew that the prisoner had purchased goods, and when I came back I searched the books and returned those articles—the shopmen are allowed to purchase goods of us, but they are to be entered—it is the duty of two clerks to enter them—the prisoner used to serve customers—our shopmen have the privilege to treat customers, provided they send a ticket for it—if a person were with the shopman for four or five hours he would send a ticket to me, "Mr. Edwards requires ale and biscuit," or whatever it might be—we give the customers wine sometimes—we keep wine in the house for that purpose, and brandy—we have fifty persons in our employ, but not fifty who serve—our assistants do not buy from us to sell again, to our knowledge—we should not allow it.
MR. BALLANTINE. Q. If a shopman were to buy anything, would he be treated? A. Certainly not, nor the person who sold to him—the prisoner was in custody when we searched his house—supposing a person in our employ were to purchase goods, there would be a signature in the book—where I found my signature I returned the goods.
NOT GUILTY .—(See page 762.)
ELIZABETH COOK . I am a widow. I carried on business in Upper Marylebone-street till last Wednesday, when my things were sold—on 9th Oct. I was up-stairs—I heard the shop-bell ring, and came down—I found the prisoner there, in custody—I examined the shop-door, and found the glass broken—it had been fast before I went up-stairs—it fastens itself when it shuts to—this looking-glass is mine, I had seen it in the course of the day.
HENRY BOTTON . I am a butcher, of George-street, Portman-square. On the evening of 9th Oct. I was passing up Marylebone-street, I saw three men standing, talking together—I suspected something was wrong, and
stopped—they saw me, and two of them separated from the third, who stood—I crossed, and looked at him—I got a person, took him back, and the two joined the third person again—I then hid myself behind a cab, and presently we saw the prisoner coming from Mrs. Cook's door with this glass, and one of the others went away—we detained him—he said he had been engaged by a man to carry it—he was one of the two men that I had seen go away.
CHARLES QUICK (policeman, E 144). The prisoner was given into my custody—he said he was going to have 6d. to carry the glass—I examined the door—the glass had been cut, and an arm might be put in to undo the fastening.
(The prisoner's statement before the Magistrate was here read: "A man went in, and handed me the glass; I waited at the step of the door; the man was ten minutes in the shop; I was against the shop-door; he told me he was going to Cavendish-square; I was bred and born in that parish; I worked hard for my living.")
GUILTY.* Aged 25.— Judgment Respited.
GUILTY . Aged 16.— Confined Fourteen Days and Whipped.
HENRY JONES . I am a tailor, and live at Hampstead. The prisoner applied to me for employment—I employed him about two months, and gave him wages—I then told him he had better return to his friends, as there was no person in London I could recommend him to, but be could remain with me till he wrote to his friends to remit him money to take him home—he left one morning before I was up—while he was with me, I missed a yard and a quarter of silk, worth about 10s.—this is it (produced)—I know it by the pattern, and by its being faded, and marks of the flies on it from being in the window—it is exactly the quantity I missed.
WILLIAM MOORE (police-sergeant, S 36). Mr. Jones applied to me on 25th Sept., and I went to a shop where the prisoner was at work—I asked him to allow me to see a piece of silk that I understood he was going to have raffled for—he said he had no silk, and he was not going to have anything raffled for—I then asked him to allow me to see his coat—he said he had on coat there, but he afterwards acknowledged that a coat there was his, and in the pocket of it 1 found this silk—I said, "How is this? this is the silk"—he made no reply.
Prisoner. The first week I was to have 4s., and I did; I then had only 2s., and then only 6d.; when I asked him, he said if I did not go out he would kick me out; the waistcoat-piece was missing, and he inquired about it, and searched the drawer where the other boy's clothes were kept, and mine also; if I had had it, he and Mrs. Jones would have seen it; I bought the silk the next day, of a man named James Maxwell, for three half-crowns.
HENRY JONES re-examined. I did not search his clothes or boxes—he applied to me for money—a week after he left, a man came one morning for his shirt—he came one evening, and said he had got a key of the private door; I said he should not go till he gave it me—he was not in my house above nine days before he robbed me of this, and he wanted to lay it on a little boy.
GUILTY . Aged 18.— Confined Nine Months
THIRD COURT.—Friday, Oct. 25th, 1850.
PRESENT—Mr. Ald. WILLIAM HUNTER; Mr. Ald. MOON; Mr. COMMON
SERJEANT; and RUSSELL GURNEY, asq.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY . Aged 14.— Confined Two Months.
GUILTY . He received an excellent character.
Confined Four Months.
MR. THOMPSON conducted the Prosecution.
LUKE BUCK (policeman, V 39). I was present at Hammersmith Police-court, on 24th Sept., when the prisoner was examined on this charge I beard Mr. M'Donald examined in the prisoner's presence—the prisoner had an opportunity of cross-examining him.
(The Deposition of Neil M'Donald vtas here read:—"I am a grocer and cheesemonger, at North End, All Sainlts', Fulham—my house is under repair, and at present I am carrying on business in a small house in the same row—I have lately missed sums of money from ray till, and on Saturday night, 21st, in the presence of Sergeant Buck, now present, I marked three fourpenny pieces and nine halfpence, and placed them in the till—I heard nothing that night, but the following night (Sunday), about twelve o'clock, I beard a noise in the back-parlour—I got up, but was too ill to go down-stairs, so I called "Police!" from the window—the police came, but no one was found on the premises—when I got op the following morning I missed all the money I had so marked, from the till—I have no doubt an entrance had been gained to the premises through a back window which was very insecure—the halfpence now produced by Buck, the sergeant, are part of those I so marked—I know the prisoner, he has been in the habit of coming to my shop from a child.")
LUKE BUCK (continued.) I went to Mr. M'Donald's on 21st Sept.—he marked nine halfpence and three fourpenny pieces in my presence—I apprehended the prisoner at Hickey's beer-shop, and on 23rd Sept. I found this halfpenny on him—it is one that I saw M'Donald mark, and these two I got from Mrs. Hickey's till (produced.)
ANN HICKEY . I keep the Bee-hive beer-shop, Parsons-green-lane, Fulbam—I found these two halfpence in my till on 24th, when Buck came and looked over the till—I do not know from whom I took them—the prisoner was apprehended at my shop on 23rd—he had been there on the previous night, and had three pots of beer—he paid with a 4d. bit, and the rest in copper.
my master's horse, and saw the prisoner come into Mr. Coomber's gate, and go into M'Donald's premises, through a broken paling—I did not see him go into the house—I went away with the horse and saw him no more.
Prisoner's Defence. The halfpenny was not marked when found on me—I bought a handkerchief for 5d., and got two halfpence in change for 6d.—this is one of them.
GUILTY of stealing only. Aged 14.— Confined Three Months.
RICHARD WATKINSON (policeman, B 208). On the night of 15th Oct. I saw the prisoner go into a marine-store shop, 22, Sloane-square, and offer one of these pieces of metal ( produced) for sale—the marine-store dealer refused to buy it, and he went out again—I stopped him and asked what he had got; he said a piece of brass which he bad found in Green's-fields, Chelsea—I found the other piece in his pocket—I took him in custody—the metal did not appear to have been lying in a field, but as if it had been broken off something very recently.
RICHARD REEVE . I am storekeeper to William and James Simpson. On 15th Oct. I employed the prisoner to strip some gun-metal off some cast-iron barrels—this produced is gun-metal, and Messrs. Simpson's property—I have compared it with some I have in my store-room, and find it matches.
Prisoner's Defence. I was stopped as I came out, and if I had had any then they would have found it then—I found these pieces among some brick rubbish outside.
JAMES SMITH (policeman B, 90). I produce a certificate of the prisoner's conviction at Clerkenwell (read—James Hagan, convicted May, 1850, and confined three months)—I was present—the prisoner is the person.
GUILTY . Aged 28.— Confined Twelve Months.
ISRAEL COLEMAN . I am a tailor, m Swan-street, Minories—the prisoner was in my service for a fortnight—I sent him away on 25th Aug., in consequence of missing some silver spoons—on the Sunday after, he came for a ticket of a waistcoat of his own, which be had left for me to see whether it belonged to me—I said I could not give it him, as I was not quite sore whether it was mine or his—he then said he wanted to speak to me—I let him in, and he said, "The receiver is worse than the thief," and he gave me this list of all the things he had stolen (read—" 1 silver mustard spoon, 1 silver teaspoon, a little box, 5 black tweed waistcoats, a yard of black silk, and 2 waistcoat patterns")—he did not give me any of them back—this salt-spoon (produced) is mine.
THOMAS M'INTOSH (City-policeman, 581). I took the prisoner into custody—I asked him what he had done with the articles he took from Mr. Coleman—he said he had pawned one of the silver spoons, and the remainder he gave to the woman he lodged with, and she had pawned or sold them—I have not been able to trace any more of the property.
Prisoner's Defence. My landlady pledged the things, and burnt the tickets—she said if I did not get the articles she would not keep me in the house.
GUILTY . Aged 19.— Confined Four Months.
WILLIAM TULLOCH . I am a grocer, in Shoreditch—the prisoner was my porter. On 9th Oct. I set him to grind some coffee, and in consequence of what my servant told me I directed her to watch him—soon after that, she told me something, and I told the prisoner to show me what he had in his pocket, and he produced this coffee (produced)—he said he had taken it.
Prisoner. Q. What is it besides coffee? A. Most likely there is some chicory—there was some mixed with the coffee before it was put into the mill, and we occasionally use finings, which is made of sugar and isinglass—there is only one ounce of chicory to a pound of coffee.
Prisoner's Defence. The prosecutor says it is a mixture.
GUILTY . Aged 43.— Confined Three Months.
ANN HARDING . I am a general dealer, at Chelsea, and am a widow. On 29th Sept., about half-past ten o'clock, the prisoner came to my shop, and asked for some butter and spice—while I was serving him he took two pieces of bacon from the counter—one I took from him, and the other he ran away with—I had seen him in the shop twice before; once he took a Dutch cheese, and that made me watch him.
GUILTY . Aged 19.— Confined Twelve Months.
WILLIAM BROWNRIGG . I live in Stanhope-street, Hampstead-road. On 19th Sept., at half-past eleven o'clock, I engaged the prisoner as a servant, and she came at half-past three—she brought an old bundle with her, which I thought was her nightclothes, and she said her box would come at six—about half-past five 1 missed her—her box did not come, and I missed a dress, some tumblers, three tea-spoons, a case of mathematical instruments, and other things—she left her bundle when she went, and I found it contained a ragged old counterpane, part of a very dirty dress, and a nightcap—I heard of her in the newspaper, went to Bagnigge-wells station, and saw her there—this dress (produced) is my wife's, and the one I lost.
JOSIAH STONE . I am in the service of Mr. Goulburn, pawnbroker, of Ernest-street, Regent's-park—I produce this gown, which I believe the prisoner pawned, but I will not swear to her—the person who pawned it also offered me a case of mathematical instruments.
cleaning the passage, and told me to go up-stairs and sec if there was anything wanted, and to come down and tell her—I went, came back again, and she was gone—I afterwards missed this gown.
GUILTY . Aged 17.— Transported for Seven Years.
(There was another indictment against the prisoner.)
HANNAH CALLOW . I am single, and keep the Fox and Hounds, Queen's-row, Chelsea—the prisoner was in my service four months. On 10th Oct., about nine o'clock in the morning, I found her tipsy, and ordered her to leave the premises—my waiter brought me a bottle of gin—she would not leave the house, and I sent for a policeman, who searched her box, in my presence, and took from it a scarf and a shawl—it was the only box she used, and one I had lent her—the bottle had been taken from the bar.
GEORGE GLOVER (policeman, B 202). I took her into custody, searched her box, and found this shawl and scarf—she said Mrs. Callow gave them her—she said the bottle was Mrs. Callow's, but the gin she bought—she was beastly drunk.
Prisoner's Defence. I had only 5l. a year, and she said she would make me a present; she gave me the scarf and shawl.
MRS. CALLOW re-examined. The things produced are mine—I never gave them her—my daughter gave her two old gowns, which were found also in her box—these things were not in the box when I lent it her.
GUILTY . Aged 21.— Confined Six Months.
ADOLPHUS SYDENHAM HILL . I live at the East and West India Dock Company's Cottages, Poplar. I worked at a barge belonging to the Company, and the prisoner under me—six weeks before I went before the Magistrate I missed my frock from the barge cabin, and on the Monday before I went before the Magistrate I missed my trowsers from the same place—these are them (produced)—I have seen a key produced by Wilson, and find it unlocks the cabin of the barge—I never saw it before.
Prisoner. Q. Did you not tell me I could have them any time I wanted them? A. Yes—I have lent them to him at times when it has been raining—he has not worked for me since five or six weeks before I missed them—I have asked him for them, and he promised to return them.
GEORGE WILSON (policeman.) The prisoner was pointed out to me—he had the trowsers on—I told him the charge—he said he had had the frock five or six weeks, and the trowsers four or five days—I asked where he got them—he said he had taken them out of the barge—I found this key in the trowsers' pocket.
Prisoner's Defence. The prosecutor's lad gave me the key.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
ROBERT TYLER . I keep the "Union," Queen-street, Pimlico. Colvin was my barman for three months up to 1st Oct.—in consequence of missing money at various times from my till, I spoke to Downing, and he came in private clothes—I supplied him with marked half-crowns, shillings, and sixpences—on 1st Oct. the prisoners were taken into custody, and Downing showed me one of the marked shillings.
Cross-examined by MR. PARRY. Q. Have you not heard that Colvin purchased a coat from Hoskins? A. Yes—some of his clothes are left at my house—I have heard that Hoskins took it out of pawn, and Colvin gave him the money to do it.
EDWARD DOWNING (policeman, B 46.) In consequence of a communication from Mr. Tyler, I went to his house—I observed nothing till 1st Oct., on the afternoon of which day I saw Hoskins and a man named Dunkenson opposite Mr. Tyler's—they afterwards came in and drank—I entered into conversation with them, and treated them to several pints of porter, for which I paid Colvin, who was behind the bar—I passed five marked shillings to him, which I had received from Mr. Tyler, and which I marked also—about half-past six, after I had paid Colvin, I saw him move his head, leave the bar, and go outside the door—Hoskins followed him—I went out, and saw some silver pass from Colvin to Hoskins—I afterwards took them into custody, searched them, and found on Colvin 8s. 2 1/2d., one shilling of which was marked; and on Hoskins I found four shillings, one of which was marked—this is it (produced)—it has my mark on it.
Cross-examined by MR. PARRY. Q. Had you been there all day? A. I was there from half-past eleven o'clock, and they came in about three—I did not try to make them drunk—they thought I was a very good fellow, and called me a "cock"—5s. was changed, but not all spent—we had six or seven pints—I did not treat them to gin—I acted under the directions of my superior officer—I have not taken any of Colvin's clothes; they are still at Mr. Tyler's—Hoskins appeared to know Colvin—Colvin was out from three o'clock to five—I paid him a shilling before he went, and four shillings after he came back—I paid in halfpence while he was gone.
Colvin's Defence. I asked Miss Ellen Tyler for some money; she gave me 6s. 9d. from the till, and I paid Hoskins 4s. for the coat; I have requested Mr. Tyler to let me have some money that I might subpoena her.
ROBERT TYLER re-examined. He wrote to me for the remainder of his wages, to provide Counsel, but said nothing about Miss Tyler—she is now in charge of my house—I have no knowledge of her paying him 6s. 9d. from the till. (Hoskins received a good character.)
COLVIN— GUILTY .
HOSKINS— NOT GUILTY .
MR. COOPER conducted the Prosecution.
EDWARD DOWNING (policeman, B 46). On 30th Sept. I went to Mr. Tyler's, about four o'clock, in private clothes—Hoskins was then sitting in front of the bar, and appeared the worse for liquor—he sat there ten minutes after I was in, and I then saw Colvin draw half a pint of porter, or ale, which Hoskins drank, and passed no money—he afterwards had another half-pint, and a pickwick—he drank that and smoked, and no money passed—about six o'clock Colvin said to Hoskins, "Now come, look sharp; my master will soon be home"—Hoskins said something to him—Colvin took a can, drew something into it, and Hoskins took the can away—I followed him to where
he resided—he afterwards brought the can back, and there was no money paid.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
EDWARD DOWNING (policeman, B 46). I went to Mr. Tyler's on 1st Oct.—about three o'clock Dunkenson and Hoskins came in—I treated them to drink, and drank with them—Dunkenson was conversing with respect to public-house business, and the conversation then turned on Colvin—Dunkenson said he was a d—d good fellow, and, "between you and me, with the business Mr. Tyler is doing, Colvin can often put his finger on a piece, and no one be any the wiser for it"—I kept passing money, and among other money I passed a 6d.—I saw Colvin take something from the side of the till, which I am sure was silver, whether 6d., 4d., or 1s. I cannot say—he put it into his right-hand waistcoat pocket—shortly afterwards Dunkenson said he was very dry, and Colvin put down 6d. on the bar, which Dunkenson took and put into his waistcoat pocket, and directly after called for a pint of porter and paid for it with a 6d.—on taking him in custody, I found a marked 6d. and 1 1/2d. in his pocket—at the station he was asked if he would like to make any statement as to how he came in possession of it, and he said in Colvin's presence, that Colvin gave it him as he was hard up—Colvin said nothing—when Colvin gave him the money he turned round and looked into the bar-parlour to see if any one was noticing him—when I was paying for the drink, Dunkenson told me he had no money, but most likely he should have some before he went—after Hoskins received the silver from Colvin outside, he came and offered 2s. to Dunkenson, who said, "No, I will have my whack; how do you think I am to pay rent."
Cross-examined by MR. BODKIN. Q. Was there a shilling changed with any one? A. Yes; Miss Tyler gave Hoskins two sixpences for a 1s.—I do not know that Hoskins was to receive 8s. from Colvin for a coat—I went in the disguise of a respectable person—the conversation about public-houses began in consequence of my treating them—they did not want much pressing to drink.
COLVIN— GUILTY . Aged 24.— Confined Twelve Months.
DUNKENSON— GUILTY . Aged 22.— Confined Four Months.
NOT GUILTY .
DAVID NICHOLS . I am in the service of Mr. Harding, a pawnbroker, of York-street, Westminster. On 9th Oct., about five minutes past two o'clock, a girl came into the shop, and in consequence of what she told me I ran through Horseshoe-alley, and saw the prisoner in Palmer's-passage, about one-eighth of a mile from the shop, with a coat under his arm; I called, "Stop thief!" and he dropped the coat, and I picked it up—it is Mr. Hard-ing's property, as I had seen it safe on the right-hand corner 'of the shop outside the house, a quarter of an hour before—I gave information to the police, and afterwards saw the prisoner at the station—I believe he is the same man, but I cannot swear to him.
Cross-examined by MR. O'BRIEN. Q. How near did you come to the person running away? A. About thirty yards—I saw his back.
ANN WEST . I live at 2, Ship-gardens, York-street. On 9th Oct., about two o'clock, I saw the prisoner, who I knew before, poll a coat down from the two nails it was hanging on at Mr. Harding's door; he put it under his arm and ran away through Horseshoe-alley—I told Nichols.
Cross-examined. Q. Did you know his name before? A. Yes; I did not mention his name to Nichols—Millerman came to me the next evening, I told him I could swear it was the prisoner took the coat—he took me to see him—I did not tell him his name at first, and he did not ask it—I knew where he lived—I did not tell Nichols—I thought as he ran away, he would not catch him; and I told him the evening after he was taken—I have known him six or seven years—I do not think I told the Magistrate that I knew him by light—(The witness's deposition being read, stated, "I am sure he is the person, I know him by sight well")—I did not say anything about knowing him by name, I was not asked.
Cross-examined. Q. Where did you take him? A. In Rochester-row—he had a basket of walnuts then.
THOMAS PRONGER (policeman, A 237). I produce a certificate of the prisoner's conviction at this Court—(read—Convicted, Aug., 1848, having been before convicted, Confined one year)—I was present; he is the person.
GUILTY . Aged 21.— Confined Twelve Months.
GUILTY. Aged 36.— Judgment Respited.
(There was another indictment against the prisoner.)
GUILTY . Aged 33.—He received a good character.— Confined Twelve Months.
GUILTY . Aged 18.— Confined Twelve Months.
GUILTY . Aged 30.— Confined Six Weeks.
GUILTY . Aged 20.— Confined Six Months.
MR. ROBINSON conducted the Prosecution.
prisoner at my house, and he began talking to me about the "Derby," and asked me what horse I thought would win—I said I thought very likely "Clincher"—he said he had a very good bet on Davies, at Searle's, in the Strand, of 100l. to 200l. or 50l. to 1l.—I know Searle's, and knew that Davies had a betting establishment there—I said what would he lay about "Clincher"—he said he would lay 60 to 1 against 10—I would not take it, but said I would take 30l. to 5l., and he said he would make the bet—he said he wished to make himself safe, and would go and back "Boling-broke" with the 5l. if I would advance it, and he would leave this ticket (produced) as security, as I could not get the money without him, or he without me; and believing it to be genuine, I advanced him the 5l.—he said it was a good ticket, he had taken it of Davies himself—(read—"No. 24. Derby Stakes, 1850.—102l.—Clincher. To receive the day after the race, at Mr. Searle's, Salisbury Tavern, Durham-street, Strand. E. Searle.")—he declined having a 5l.-note, and I gave him gold—in consequence of what I learnt at Mr. Searle's the same night, at two o'clock, I gave him into custody, in Rupert-street—he was taken before Mr. Bingham, and was bailed in 100l., to appear the next day—he did not appear, and was not caught for four months.
SAMUEL SEARLE . I keep the Salisbury Arms. Mr. Davies has a betting establishment there—I issue tickets for him—the one produced is not issued from my place—it purports to be signed by "E. Searle," a niece of mine—it is not her writing.
WILLIAM EDMUND DAVIES . I am a sporting character, and have an establishment at Mr. Searle's. I sometimes keep a book there—when I make a bet I give a ticket—the ticket produced is not mine—allowing it to be a genuine one, if "Clincher" Had won, the holder of the ticket would have won 102l.—it is possible I may have given the prisoner a ticket at some time.
Prisoner's Defence. I took 30l. to 3l. the morning after the Chester cup was run, in Ox ford-street, and I gave 3l. for this ticket—I did not know it was bad.
GUILTY . Aged 24.— Confined Six Months.
(There was another indictment against the prisoner for a like offence.)
GEORGE STILWELL JENKS . I am a cheesemonger, at Hammersmith. The prisoner was in my service—on Sunday, 6th Oct., I marked eighteen shillings, and gave ten of them to Upton—on the Monday morning I put the other eight shillings in the till, and took the other money out—I left my shop about nine o'clock, leaving the prisoner in charge of it—he could go to the till—I came back about eleven, found Phillips, and took the prisoner out with me, in the cart—I returned in a few minutes, examined the till, and found 15s. 3d., ten shillings of which were marked—I took the prisoner into the back room, and asked him to turn out the contents of his pockets, and there were six marked shillings there—he begged me to be merciful, and said he would not do it again if I would forgive him.
Cross-examined by MR. BALLANTINE. Q. How long were you away? A. An hour and a half—there was no gold in the till—I believe Phillips and my wife searched the till while I was away—she is not here—no doubt she noticed what money was there, as well as the constable—when the prisoner
placed the money on the table, and I said there were narked shillings, it is very likely he said, "Very likely; but I can explain how they came into my possession"—he said, "I was turning the silver out of the till on to the counter, and got my money mixed with that Old Jemmy had brought"—I might have next said, "I do not know what to do, but I have been going back lately"—I do not remember that the prisoner then said, "I can explain the reason to you"—I might have said, upon that, "I am going back very fast"—he did not then say, "I am sorry for it; I have never robbed you of a penny"—I should not like to swear he did not say that—I think he said, "The only wrong thing I have done was to sell goods under cost price, to make the business appear greater"—he did not get a commission on what he sold—I do not know what object he had in doing it, except to hide the deficiency—the constable took up the money, and put it into his pocket—I do not recollect then saying, "I do not know what to do," and the constable saying, "Oh, you had better drive us down in the cart;" after I had decided on giving him into custody, he said so, as it would be less noise; and the prisoner then fell upon his knees, and said, "I hope you are not going to have me locked up; I would rather work my fingers to the bone"—I do not remember his then saying, "I am quite innocent"—the constable did not urge me to give him into custody—he would not have anything to say in the matter.
WILLIAM UPTON . Mr. Jenks gave me ten marked shillings—I went to his shop, and purchased goods to the amount of 11s. 4d.—I paid the prisoner those ten shillings and three sixpences of my own, and he gave me 2d. change—he put the money into the drawer.
JOHN PHILLIPS (policeman, T 23). I went to Mr. Jenks's between eleven 2nd twelve o'clock—I had seen Mr. Jenks Jeave at ten, and had seen four persons go to the shop—I went to the till with Mrs. Jenks, and found 15s. 3d. there, ten shillings of which were marked—when Mr. Jenks came back, he told the prisoner he suspected he had been robbing him, made him turn out his pockets, and there was 5s. 11 1/2d., and six marked shillings besides—Mr. Jenks told me to take him into custody—the prisoner said he hoped he would forgive him.
Cross-examined. Q. You are quite accurate about that? A. Yes—he made a rambling story about taking the money out of the till, and mixing it with his own on the counter—I did not exactly remember that at the moment—I do not ordinarily suppress half a conversation when I am talking about what a prisoner has said—I have not forgotten a great deal more—the prosecutor did not at that time say he did not know what to do, he had been going back lately; and I did not hear the prisoner then say he could explain the reason—he said he was sorry—I do not know that he said he had never robbed him of one penny—I have known the prisoner some time, and have drank with him, but not to sit down together—I have had no quarrel with him—I know Upton, but we are not at all acquainted.
MR. JENKS re-examined. I have two tills—the other is only for copper—I do not know what was in that one.
(The prisoner received a good character.)
GUILTY. Aged 19.—Strongly recommended to mercy by the Jury, and also by the Prosecutor, who engaged to re-employ him. — Confined Fourteen Days.
OLD COURT.—Saturday, October 26th, 1850.
PRESENT—Mr. Ald. WILSON; Mr. Ald. HOOPER; Mr. RECORDER; and Mr. Ald. WILLIAM HUNTER.
Before Mr. Recorder, and the Second Jury.
1828. JANE ANDREWS , burglariously breaking and entering the dwelling-house of William Paine, and stealing 12 coats and other articles, value 7l.; his goods; having been before convicted: to which she pleaded
GUILTY . Aged 26.— Transported for Seven Years.
QUINNELL pleaded GUILTY . Aged 19.— Confined Six Months.
SMITH pleaded GUILTY . Aged 20.— Confined Twelve Months.
SAWYER pleaded GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 22.— Confined Four Months.
MR. PARRY conducted the Prosecution.
CATHERINE DONOGHUE . I am a widow, and live at 5, Conway-court, High-street, Marylebone. I had a brother named James Geary—he died there, in his bed, on Thursday, 20th Sept., at ten minutes after three—he was twenty-eight years old, and was a plaisterer—on Saturday night, 18th Aug., five weeks previous to his death, between twelve and one at night, I saw him in charge of the police by the Angel, in High-street—he was lying on his back, with his head hanging over the kerb-stone; sergeant Bushell, the prisoner, had his hand in his neck-handkerchief, and knelt on his chest—I went to his assistance, to get his head up, and he told me to keep out of the way, and keep out of trouble—he got up by some means, and Bushell and sergeant McRaw pushed him against the railings outside the public-house, and Bushell hit him violently twice on the right thigh and arm with his staff—I did not see that McRaw had a staff; but he was on his right side and Bushell on his left, both holding him—as they took him to the station he received a great many blows about his body from both of them with the staff—I saw McRaw beating him after they left the public-house—I said, "Do not kill him, he is going quietly"—the deceased said, "I am going quietly"—he had no weapon, and I did not see him strike them—he was quite sober when I saw him at eleven o'clock—I followed to the station-door—I did not see him again till next morning, when he was in a very bad state, and said he was all pains and aches—he took to his bed all that day—he got up next day to appear before the Magistrate—I went with him—he was discharged—he complained every day when he got up—he remained at home from his work a fortnight, but did not keep his bed—he had been at work the week previous and up to the very day, and was perfectly healthy up to that time—after that fortnight he went to his work about ten days—he used to come home every evening and complain—after the ten days, he took to his bed and
remained there until he died—Mr. O'FIaherty the surgeon attended him till his death—I am certain the deceased was not suffering from cold—I waited on him—I do not know where he was working.
Cross-examined by MR. BALLANTINE. Q. All you know is, that he left the house as if to work? A. I know he went and worked—I took him his meals, and he came to meet me with them at the buildings across the Harrow-road—he worked there as a plaisterer from six in the morning to six in the evening—he used to get home about seven; sometimes he went out after that—during the ten days, I have not known him out so late as two or three in the morning, or one o'clock; he was not out of my company; he was at home in my place—he might be up as late as one; I cannot recollect—we may or may not have been out together as late as twelve—I do not think I have been out so late—perhaps I have been out as late as eleven—I do not know what time he went out—I do not think I ever made up my mind to go out with him at all; I did not—if he wanted to go out on his business he went, and if I had business I went by myself—I never heard of any other business he had to attend to—I do not know that whatever it was it was performed at a public-house—I have been at a public-house during those ten days—I was not with him in a public-house every day; I cannot say whether I was five or six days; it may or may not have been; sometimes I drank with him and sometimes I did not—I have seen him drinking a glass of beer; that was the only thing I saw him drink; he was not fond of liquor—I did not notice particularly what he drank—I did not see him drink gin or rum—he was not fond of them—if he had anything he was fond of, it was a small drop of brandy—I cannot recollect whether we drank brandy together during those ten days—we did not do so a dozen times—I do not know whether I had any at all, and do not think he had—I was not drunk during those ten days, and never in my life—he did not remain in the house every day during the fourteen days he was from work—he was at home all day on the Sunday after being beat on the Saturday—he was bailed out—I was at the police-court on the Monday—I did not hear that he was charged with an assault on the police—I have another brother named Morris Geary—he was locked up with the deceased on the Saturday night—they were both charged together before the Magistrate on Monday morning—Morris was fined 10s.—I cannot exactly say whether the Magistrate discharged the deceased, saying that he would pass over his conduct on account of the injury to his arm—I do not know what time the deceased got home after he had been discharged; it was directly he left the court—I went to a public-house that afternoon—I did not see Morris or James there that afternoon, or at any public-house, nor in the evening—I did not go out of my own street—I was not drinking with them at any public-house—I did not go with either of them, or see them in one—I might have seen them outside a public-house, it is quite handy to where I am living—it is the Coach and Horses (Mr. Aspidge's)—I cannot mention any time when I saw them outside there—it was after they bad been to the police-court, in the afternoon—it was not so late as seven or eight in the evening—Morris lives at my house—there might be people standing about when I saw them near the public-house, but whether with them or not I do not know—it was not twelve o'clock when James came home that night—I do not know whether it was eleven—I do not know what time Morris came home—I was not in the public-house with them next day—I do not study the public-houses—I did not see either of them at a public-house on Tuesday—I do not know where James was on Tuesday; I know he was not at a public-house; he was about his home—I do not know whether he went out
that night—I was not with him—I am not able to tell you more particularly about the other days—I do not know that the deceased met with any accident previous to this—I never knew that he was thrown over some banisters, or tumbled over—this is the first I have heard of it—he has lived in the house with me fifteen months—he had never been confined to his bed, or to the house during that time—I went out on this occasion—some people in the street told me there was a man taken; that he was a tall fair man in white clothes, I thought it was my brother, and went to look—I left home by myself—I did not hear James use any bad language—I did not see him till within a few minutes of his being taken in custody—Morris was there; he stood on the opposite side of the road, and said he would see the sergeant on Monday for knocking his brother about—Bushell turned round and ordered a man named Loxton to take him in custody—he had used no violence—I used no coarse expressions—I said, "Pray, do not kill my brother"—the deceased's wife was there—we were both up when we heard of it—she went just before me—I think she had seen her husband.
MR. PARRY. Q. Do you recollect going to a public-house with the deceased during the ten days? A. I am certain I did not—I do not recollect drinking any brandy with him during those ten days; when I went to the public-house it was to fetch my half pint of beer—the deceased was not out with me so late as twelve o'clock, and I do not think he was out so late—I did not hear Morris say a word but what I have said—he was very handy to the station—I saw him commit no violence—he was taken to the station, and charged with assault—there is no foundation for saying I was drunk; I never was—we live two or three doors from the Coach and Horses, on the same side; it is in Conway-court—if my brothers were standing at their own door, that would be not far off the public-house—a great many poor families live in the court—a number of men out of work stand about there.
SUSAN GEARY . I am the widow of the deceased, and live at 5, Conway-court. He was a plasterer—his age was twenty-eight—on a Saturday evening or Sunday morning a man told me something, and I found my husband by the Angel, in the hands of the police—he was lying down in the gutter sink—the prisoner was on the top of him, kneeling on his chest—I said, "What is the matter? don't killthefather of my children"—the prisoner said, "Lock up the b—b—h"—a policeman behind me said, "My dear woman, keep out of trouble; you will get locked up with your husband"—he scrambled up somehow from under them, and then they pulled him along, and used great violence—Bushell stood at his right side with a staff in his hand, and beat him with it on the body, on the right shoulder, and under the right ear, as they went along—he was struck all over his body—he had no weapon—it was while they had hold of him on each side, that Bushell was beating him—my husband said he was going quietly, and what were they knocking him about for?—after that, they continued striking him all along as they went—he went to the station, but a constable kept me back, and said if I went to the station-house door I should be locked up—Morris Geary came up, and saw his brother between two policemen, and saw Bushell hit him, and he said, "Sergeant Eden Bushell, if you knock my brother about, I will see you to-morrow for it"—I cannot say how many yards off be was then, but quite close, four or five yards from him—Bushell did not answer, but two policemen laid hold of Morris and took him prisoner—that was quite close to the station, within a very few yards of my stopping back—I got bail, and got my husband out—I saw him at seven o'clock in the morning—he was very much disfigured—there was blood about him—he bled out of the right ear; no, I think it was
the left—there was a great swelling of the jaw under the left ear—his left arm was bruised from the wrist to the shoulder, his body and both his legs were bruised, as if he had been kicked, and there were black and blue marks all up his side, his loins, ribs, and his chest, on both sides—on the Sunday he kept his bed all day—the first thing, when he came home, I went with him to Mr. O'Flaberty the surgeon, who gave him some lotion—I stayed with him all the while be was there—he took his coat off, and showed the doctor his chest, neck, and arms—he was going to strip, but the doctor did not want it he did not take his trowsers off—he went home, and went to bed—he got up on Monday morning, about eight o'clock, went to the police-court, and was discharged by the Magistrate on the ground of being ill-used so much—he remained at home for a fortnight afterwards, and complained of his body—for the first week he used to get up in the afternoon, but he used to lay in bed in the morning part—(I live on the first floor front, and my sister in the first-floor back)—I am near my confinement—the second week he got up, but not before eight in the morning—he walked about, but he was not in his usual health—at the end of the fortnight he went to work, as his master did not wish him to lose it—he worked at Mr. Rice's, or Fry's, over the Great Western Railway—after ten days, he came home ill, and took to his bed—on the Friday morning when he got up, and when he was going to work that day, he complained of being very bad—I wanted him to stop at home, but he went to his work—at half-past five I was fetched home from my work to him at eight, and found him in bed complaining of his body—he never left his bed, but died on the 26th, five days after—he continually complained of his body all over, not of any particular parts—he had not caught cold, that I know of—he wished me to fetch the doctor when I went home, and I fetched Mr. O'Flaherty—on the night this happened I had seen him a few minutes to twelve o'clock, he was sober then—during the ten days he was at work he was not out on any evening that I was not with him, because he was not well—prior to these injuries, I never knew him to be in bad health—during the seven years we had been married he never drank anything but beer hardly, and very little—I have four children.
Cross-examined. Q. Do I understand you to say he was only in the habit of drinking beer? A. Yes; he drank very little spirits, when he did it was a very little brandy and water—I did not notice what he was doing with his hands when the policemen were on the top of him; I cannot recollect—he was not throttling Bushell, or attempting to throttle him—his hands were not round Bushell's neck, or pushed into his throat—I cannot say where his hands were, but I know they were not pressing upon Bushel)'s neck—there were people about, I cannot say how many, only the witnesses—I did not see bricklayers' labourers, and plasterers from Conway-court—there was no shouting or noise while this was going on; everybody was quite quiet—no resistance was offered by anybody or by my husband—he went quite quietly, and told them so, and yet the two policemen kept beating him; I cannot say as hard as they could, they hit him on the head—Morris was quite quiet too—he did not lay his hands on the police at all, or use any bad language—Catherine Donoghue got there two or three minutes before me—she was quite quiet—she used no bad expressions, and made no noise—I know Hammick—I did not notice him there, or Catherine Linskey, or Ann and William Russ—it was two or three o'clock when my husband came home from the police-court—he went to bed early in the evening, between seven and eight as near as I can say—he came straight home—I came home with him and he went into his own room—he did go out again that day, but not much; I went with
him; it was only into the court where we live—Morris was not out with us—I saw him in the room that afternoon—I am positive my husband was not out alone that afternoon—he was not out of my company with Morris—I know a beer-shop in Paradise-street; he was not there that evening, I am certain—he was in my company from the time he came home till he went to bed; if I lost sight of him I do not recollect it—I cannot say whether I lost sight of him for an hour—during the fourteen days he was at home he did not get up till two or three in the afternoon—he was not out late at night—he was never out when I was not with him, during that fortnight; sometimes he might go into the street at his own door—I have lost sight of him; I cannot say for seven or eight hours; I may have—I was not out with him during the first fourteen days late at night—during the ten days he was at work he used to come home at half-past five or six, and some times after he had his tea he might go out for half an hour, and look at the papers at the Coach and Horses—I used not to go with him—he would go about nine—he was not out as late as twelve.
WILLIAM HAMMICK . I am a labourer. On the night the deceased was taken I saw him in Paradise-street, standing between two policemen—they kicked his feet from under him, and he fell on his face—I went away, thinking that if I interfered I might get served in the same way—I do not know who the policemen were—I was on the opposite side of the way.
Cross-examined. Q. Was there any crowd? A. I did not notice that there was—I was alone, coming home from a concert at the Mogul, in Drury-lane—a friend, named Longstaff, left there with me, but he had parted with me in High-street, almost in sight of this place—there may have been a few persons about, but my attention was drawn to the deceased—there might have been three or four other spectators—they were quite quiet, saying and doing nothing, to my knowledge; but as soon as I saw this occurrence I went home—I live in Burying-ground-passage—the end of Conway-court runs into it—the deceased was trying to go along as well as he could; when he was tripped up—he was not kicking in the least, or struggling, at the time saw him, on my oath—I have never been in trouble, but was afraid of it, if interfered with the police.
COURT. Q. If there was no noise nor disturbance, why were you afraid? A. I had that dread that I did not interfere, lest I should be collared and put into the station and lose my work, which I have lost through coming here—nobody was making a noise when I saw this.
ANN RUSS . My husband is a broker; we live at 1, Marylebone-court I knew the deceased—I saw him in custody of the prisoner and another policeman between twelve and one o'clock on this night—they held him by the neck-handkerchief, beat him with a staff, and knocked him down with it by the railings of the houses—the prisoner did that, and as he did it he said, "Now you b—r, I have caught" or got "you now"—after he was on the ground they jumped on him and kicked him—the prisoner jumped down on both his knees and laid bold of him—he got up, and they got him near the Angel—the prisoner knocked him down a second time with the staff—he cried for mercy, and asked them not to kill him on account of his family—there were not many people there, only me and my husband—his wife and sister came when we got to the Angel—I did not go further than the Angel—I went away—my husband had come up just as the prisoner had got off the deceased.
Cross-examined. Q. Where had you been to? A. To see some friends of my husband's in East-street, friends that came to see us—we went to take them home—they were two men, shoemakers—I had just parted
with them at the Angel when I saw this—one of them had taken my measure for some boots—the Angel was shut up, we had not been drinking there—my friends lived in Orchard-place—the Angel is in the way there—I did not interfere at all in the disturbance—I was the first that came up—I said nothing—there was no noise.
WILLIAM RUSS . I am the husband of the last witness. I was in High-street after twelve o'clock—I did not know the deceased—I saw nobody but the two policemen and my wife—a man was in custody—Bushell kicked him, and he would have fallen down but he saved him, and they dragged him from Mr. Fenn's to Mr. Miller's, which are next door to one another, by the collar of his coat or blouse, it was white—they threw him down, and Bushell knelt on his stomach or chest—Geary asked them to leave go of his handkerchief, and he would go quietly—his wife came up and cried out, "Shame! do you want to kill the man" or "murder the man?"—this was at the Angel—he got up by some means, and the policeman struck him with his staff four or five times, and then I came away and left him there.
COURT. Q. Did you see whether the policeman struck him with his staff? A. Yes, on the hip or side, more than once—he was not making the least resistance—he said nothing to them—there were very few people about.
Cross-examined. Q. You live in Marylebone? A. Yes—that is a long way off Con way-court—I had not known the deceased, or any of the family—I had been to see my cousin and his wife and children home in East-lane, Mary lebone—I was going home—I started at half-past nine or a quarter to ten—I found my cousin at home, and his wife—I cannot say whether I remained there or went out—I did not go to a public-house—we walked a little way up Crawford-street—I believe my wife was with me—we then went back to my cousin's, and remained there till we came home and saw this—I did not interfere or say anything to the police.
MR. PARRY. Q. Was your wife with you the whole of the evening? A. Yes, after I had done work—I do not recollect anything about a pair of boots that evening—no one came to see us that evening while I was at home—I left off work after nine.
MORRIS GEARY . I am the brother of the deceased, and am a plasterer. On this night I saw him at the corner of Wigmore-street, in the hands of two policemen—they had him at each side by the neck-handkerchief—they were continually striking and ill-using him with their truncheons, and punching him in the ribs with the points of their staves—this was not near the Angel—I said, "Mr. Bushell, if you ill-use my brother in the way you are, I will report you for it on Monday"—he instantly turned round to a private, who was standing behind him, and said, "Blixton," or "Broxton, take that b—"—I was then taken and collared by my handkerchief—I took it off—I did not see my brother struggling or resisting in the least—I was taken to the station on a charge of intending to excite a mob to rescue, the police gave evidence against me, and the Magistrate fined me 10s.—a great many people were about, crying "Shame!"—I should think thirty, but I was looking at the police ill-using my brother—I was taken close by the station—at the station door the prisoner turned my brother's face towards him and gave him a severe blow under the eye with his fist—I knew the prisoner before, and had heard of his ill-treating people—my brother had given evidence against him.
Cross-examined. Q. Were the people who cried "Shame!" nearer to your brother than you were? A. Yes, a great deal—I was fourteen or fifteen feet from him—my brother paid the 10s. fine for me, as I had not the money
—there was not a subscription—I lived in the same house with my brother—he complained of being dreadfully ill-used—he did not go home and go to bed—we went and sat together at Mr. Aspidge's, in Conway-court, the Coach and Horses; a few of our friends were with us, men and women—I cannot tell you who they were—I cannot tell yon whether Mrs. Donoghue or my brother's wife were there—I stopped there about an hour, and left James there—I cannot tell what he took—I saw him take a glass of stout, or something of that kind—I took a drop of porfer—I saw no brandy, rum, or gin drank—I did not see any on the table—I next saw my brother at seven o'clock up-stairs at his own house—I did not go out with him again that night—I do not know whether he went out—I went away in about ten minutes, and went to bed—I was not in the beer-shop in Paradise-street—I do not know whether James was there, nor where he went to—I saw him in bed next morning before six—I went to my work, and did not see him up till I came home at seven or eight at night—I do not know whether I went out with him that night, or whether he went out—witnesses were called for my brother's defence, but not for me.
MR. PARRY. Q. Was it upon the evidence of the police that the Magistrate fined you? A. Yes—I left my brother sitting in the parlour of the public-house—I had no professional adviser at the Court—I do not know whether there was one against me—I do not work at the same place as my brother.
CATHERINE LINSKEY (examined by MR. BALLANTINE). I made a statement before the Coroner—I am not the person about whom all this began—I met the deceased in Grotto-passage, leading into Paddington-street—he said, "Ain't it time you were in bed?"—I am no relation of his, I live next door to him—the police did not order me on, and tell me not to stop there making a disturbance; the policeman ordered Mr. Geary on—he had only said those words—I did not answer him.
MR. PARRY. Q. You were looking for your brother? A. Yes—Geary made no answer to the policeman, but folded his arms, and walked away, and I went away—there was a policeman with the prisoner, and they followed Geary down the passage—I did not see them do anything to him then; but when I came out to the corner of Paradise-street, I saw Bushell hit Geary on the side of the head with his left hand—then I went away for a time—I saw Geary again in Paradise-street, and the policemen had both hold of his collar.
THOMAS AUSTIN O'FLAHERTY . I am a surgeon, and a member of the College of Physicians, and live at 2, Baker-street, Portman-square. On 18th Aug., about eleven o'clock in the forenoon, the deceased came to me, with his wife—he complained of having been beaten by the police—he had his right arm in a sling, and complained of having been bruised and beaten—I examined him, and found his right arm bruised from the wrist to the shoulder—he was also bruised on the right side of the neck, from the top of the shoulder to the lower jaw—he had also a bruise on the right side of his face, which gave him a black eye; and there was a drop of coagulated blood, if I remember rightly, in the hollow of his right ear—the ear was not bruised particularly—the man was of a dusky complexion, so that I could not judge—there was no black mark—the blow on the side of his neck and the side of his face might have occasioned the blood I saw in the ear.
COURT. Q. You mean that the bruises you saw might have been produced by a sufficiently violent blow to produce that effect? A. Yes.
MR. PARRY. Q. Did you examine his legs at all? A. No—he complained of having been beaten in other parts of his body, and, from the general
questions I put to him, I did not think it neccssary to examine those parts—the bruises on the right arm and right side were repeated bruises, rather of a severe character—the blows on the side of his neck did not appear to be so numerous as those on his right arm—on the Sunday evening his wife came to me for a certificate to present to the Magistrate, which I gave—the blow under the ear was dangerous in this respect, that it was inflicted in a very dangerous locality; but the severity of the blows I do not consider greater than those which were inflicted on his arm, in point of the force used to give them—the injuries I observed were such as to incapacitate him from following his work for some days—I gave him an opiate lotion; told him to go home and keep quiet, and to send me wlord if he got no better—I did not see him again until 20th Sept.—I then saw him in bed at his own house, 5, Con way-court—he then complained of a severe pain of the lower angle of the left scapula, or blade-bone, and that the pain was increased by breathing—he was feverish—he complained, if I remember rightly, of headache, and of the general symptoms attending fever, or an acute attack of illness—he complained of pain at his chest on coughing—I inquired whether he had a cough; I do not remember hearing him cough; I dare say I did not before I asked that question; I did while attending him—I attended him from 20th Sept. till he died, on the 26th; during that time I heard him cough—I examined his chest, and found symptoms of inflammation of the pleura, or investing membrane of the lungs on the left side—I ordered remedies—I inquired of him his other symptoms, and the conclusion I came to, from the examination I made, and from the answers I received to my questions, was, that he had pleurisy of the left side—there was only one symptom absent, namely, spitting of blood, and next morning (the 21st) that also appeared—I did not make any particular examination of his chest or arm on the 20th—I saw no bruises on his body that day; I did not direct my attention to them, nor did I afterwards—the examination I made of his chest was by means of my ear, to ascertain his breathing—I visited him next day; he then complained that the symptoms were rather aggravated—I then bled him, and he was relieved of the pain in his left side—about two days afterwards he complained of pain of the right side—I then re-bled him, and he was partially relieved—I bled him on each occasion with a lancet on the arm; and he also had leeches on the right side, and a blister—I continued to see him day by day, sometimes twice a day—he died on the morning of the 26th Sept.—I did not see him that day, for I had word sent me that he had died early in the morning—I made an examination of the body forty-eight hours after death—my uncle, who is an apothecary, and a friend of mine, an unprofessional man, were present; they are not here—I found the body exceedingly decomposed, so much so as to prevent ray observing any external bruises if there were any—I opened the chest, and found symptoms of inflammation of the pleura of the left lung—the cavity of the chest was filled with water, which is one of the evidences; and there were bands of fibrous lymph, which bound the surface of the lung to the internal side of the cavity of the thorax, which was another evidence—the pleura of the right lung was also inflamed, not to the same extent—that examination of the chest satisfied me as to the cause of death—I did not examine the head; I examined the ribs, to ascertain whether any of them had been broken, or whether a point of any broken bone, which often occurs, had penetrated into the chest, and thereby wounded the pleura, and occasioned the pleurisy; but that I found not to be the case—the immediate cause of death was inflammation of the pleura—I have heard the evidence to-day as regards the violence he is alleged to have received—supposing it to
be correct, I do not think that it could have been the direct cause of the inflammation I saw; it might have been the indirect cause—I mean that if he had lain up in bed from the beating he received, and afterwards gone out into the cold and worked, and caught cold, that might have induced pleurisy—I think if be had never gone out at all he might have survived.
COURT. Q. If from 18th Aug. till 20th Sept. he had never gone out to his work you think he would have survived? A. If he had not caught cold—I do not think the injuries he is alleged to have received would have directly caused his death.
MR. PARRY. Q. Was he in that state owing to the injuries he had received, that exposure to the atmosphere would have a tendency to give him cold? A. I could not say that for I had not seen him from 18th Aug. till 20th Sept., when he complained of inflammation—(the witness was here requested to look at his deposition)—I do not think such violence as I saw symptoms of would produce the inflammation of the chest which caused his death—violence might cause it—that is, there is a degree of violence which might cause it—I do not believe that repeated and violent blows on the right side with a policeman's truncheon could cause inflammation of the pleura without that violence first breaking some of the ribs, which would have penetrated the pleura, and so produced pleurisy—the inflammation on the left side was more severe than on the right—that would not necessarily indicate mechanical violence; it might arise from that.
Q. Suppose a person were thrown violently to the ground on his face, and then whilst on the ground, a man of the size of the prisoner knelt on his chest and stomach with violence, might that produce the inflammation you saw, coupled with other injuries? A. I think if such violence as that were used some of the ribs would be fractured before the inflammation could result—I believe the inflammation to have been the result of cold—I am of opinion that the injuries he is said to have received bad nothing directly to do with his death—they might have induced a certain condition of body which would render him more susceptible of cold—such injuries have a depressing effect on the general system.
The RECORDER was not aware of any authority for saying that the mere fact of a person being rendered more susceptible to disease, was sufficient to render a party criminally responsible, if something supervened which caused death. MR. PARRY had no direct authority to offer to that effect, but he urged that a blow, which in any way accelerated death, would render the party inflicting it responsible to a charge of manslaughter; and if a party received a wound which would not be mortal, but from the nature of his avocations, as in the case of a sailor exposed to the severity of the weather, gangrene was produced, and death resulted from that, that would be murder or manslaughter as the case might be. The RECORDER had no doubt that if the blow accelerated the death (referring to a passage from Lord Hale) that would be sufficient, but that in his opinion differed from the present case; however at MR. PARRY'S request he would not withdraw the case from the Jury.
Witnesses for the Defence.
JAMES M'RAW (police-sergeant, D 15). On Saturday night, 17th Aug., I was acting inspector, and had to visit the sergeants on their sections—I met Bushell in Paddington-street, and High-street—he left me in Grotto-passage, and in three or four minutes I heard cries for "Police!" and assistance—I went down the passage, and at the end of it found Bushell lying in the passage struggling with a man, I did not know who, but he got rather the advantage of Bushell, who was rather under him—I took hold of him by the
collar, and drew him off, on which Bushell got up, and complained of the man having done violence to him—he then took him by the collar, and pushed him through the court into Paradise-street—he there began to be rather violent, struggling, kicking, and plunging—he threw himself down—Bushell asked me for a rattle—I said I had not got one to give him—we got the man into High-street where a crowd was collecting, and he became very violent, and struck and kicked us both—I had several falls—he put his legs out, and threw us both down several times—when we got towards Mary-le-bone-lane some persons came behind me and struck me a blow on the head, and at the same time some persons untied the deceased's handkerchief—he said no two b——s in the police force should take him to the station, and immediately put his hand in my stock and very nearly choked me—I called out for somebody's staff—one was supplied to me, and I struck him over the arm until he released my throat—I was then on the left side of him—somebody in the crowd struck Bushell—I have an idea who it was, but should not like to swear it—the deceased had hold of Bushell by the throat, and put his hand in his stock—Bushell cried out, and I struck the deceased on the arm once or twice before he released him—there were several persons about who were very violent—we got as far as Wigmore-street, when the deceased's associates were setting the mob against us and ill-using us, when there was a chance—the crowd increased, a brother of the deceased came up, and called out, "Bushell, you b——r, you shall pay for this another day," and seized Bushell by the collar and tore his coat—he called out for one of the constables to take him into custody, and Blaxton took him—during all the time, he struck and kicked, I do not know how many times, both me and Bushell—next day they were brought before a Magistrate, Morris was discharged and fined 10s.
Cross-examined by MR. PARRY. Q. You are the man who had the deceased in custody, with Bushell? A. Yes; I was not a witness before the Coroner—I did not know from Bushell that he was under the imputation of having caused the man's death using excessive violence—I only knew it from the public papers—I was placed in the awkward position on the Coroner's inquest of being placed as one of two policemen to be identified as having committed a violent outrage, but I had no communication with Bushell on the subject previously; I had after—the inquest was held close to the police-court—Bushell and I were called on the second day of the inquest—I did not know that a charge was made against him, before I went—I did not consider him under any imputation—I considered him as free from causing the death as you are—it might have been alleged that he had caused his death, but I had had no direct communication of anything of the kind—it was talked about—I was ready, and I tendered myself to give evidence before the Coroner—I was there; and if the Coroner had said, "Will you give evidence?" I should have done so; but I was not asked; I could not force my evidence on the Coroner—nobody had informed me that Bushell was charged with causing the death—the inquest was to know what was the cause of the man's death—I was not present at the examination of the witnesses—I heard of the verdict of manslaughter, and told this story to the solicitor, but to no one else—this is the first time I have been called upon for it—the Commissioners made an inquiry previous to the Coroner's verdict—I did not give evidence to them—we were called upon for a report—Gearey made a complaint against Bushell and myself—we both reported—I have not got the report, the Commissioners have it—Bushell did not strike the deceased in my presence—he could have struck him out of my presence, as I was on the ground, a dozen times, between Grotto-passage and the station—Bushell is a bigger and stronger man than me—he was thrown
down several times—the deceased attempted to throttle me once—I could hardly speak—we were then in Thayer-street, about 300 yards from the station—he throttled Bushell twice—there were very few policemen; I did not see above two—Bushell bad his staff in his hand—the men are furnished with a rattle—I believe Bushell bad no rattle: be asked me for one—he told me that a disturbance had happened elsewhere, that a constable had broken his rattle, and asked him for his—I am a sergeant, the same as him—I have known him six years in the force—I was inspecting-sergeant on this night—I had a staff in my hand after I had been thrown down about a dozen times—the people did not cry, "Shame!" no such remark was made use of—I never heard the deceased's wife say, "Spare my husband, spare the father of my children!"—I beard several persons shouting and hallooing—I never heard any one say, "Spare the man; don't bit him in that way"—I struck him two or three times, until he released my throat, and again when he seized Bushell by the throat—those were all the blows he received.
MR. COOPER. Q. When did you go to the Coroner's inquest? A. I think it was on Friday evening—Bushell and I were called into the Court, and sat in different parts of the room; and several persons were introduced—the witnesses were asked if we were the men or not—a solicitor was there for Bushell.
COURT. Q. Did you attend the inquest by desire of your superiors? A. Yes; I think a rattle was sprung, but will not swear—every policeman has a rattle and a staff—I have no rattle, because nobody molests me, and I molest nobody; and I do not think much of carrying a rattle or staff—when I first seized the man, I had no staff—we had got nearly the length of High-street, before I got one; that is nearly 500 yards—the Angel is at the corner of Thayer-street and Marylebone-lane—a constable supplied me with a staff when we got to the Angel—the deceased was not set up against the iron railings at the Angel.
JOHN LOXTON (policeman, D 208). On Sunday night, 18th Aug., between a quarter and half-past one o'clock, I was on duty in High-street, Manchester-square, and heard cries of distress—I concluded from the voice that they came from Bushell—I have known him about eight months—I hastened to the spot, got some distance from Thayer-street, near the Angel, and saw Bushell, M'Raw, and the deceased, struggling on the ground together—the deceased was trying all he could to keep them down, and to get on top of them—he was kicking and struggling—he had the advantage at that time—he had one hand in Bushell's neck, and with the other he had got hold of M'Raw in a similar way, and was kicking at both as violently as possible—the two females were there, trying as much as possible to excite the deceased to further violence—they surrounded him, and said, "Jim, kill the b——s if you can; give it to them"—they both said so—I assisted in clearing back the two females and an oldish man who was there, for the sergeants to get up—they got up—the deceased got very violent, kicking the sergeants, and trying to throw them up—he caught hold of them, one with each hand—Bushell drew his staff, and told him if he did not go quietly he should use it—M'Raw asked for a staff, as he would not let go of his collar—I gave him mine, and he struck the deceased across the right arm, which loosened his hold—they walked on towards Tbayer-street, where we met the deceased's brother, Morris, who sprang at Sergeant Bushell, and took him by the collar—when the decased saw that, he said, "Now no two b——y policemen shall take me to the station, and I don't care a b——r for the best man in the police"—I pushed Morris away—Bushell's collar was torn quite away—we proceeded towards the station till we got to the corner of Wentworth-street,
where another violent straggle took place and Morris sprang upon Sergeant Bushell again, and said, "You b——r Bushell, you shall suffer for this another day"—I took him by the collar, and took him into custody—the women left after they saw I had got Morris in custody.
Cross-examined. Q. Did Bushell strike the deceased at all? A. Not once; he threatened to, if he did not go quietly—I made the charge against the deceased at the station for trying to rescue, and assaulting me—he was fined 10s.—I did not strike him—M'Raw did once—I swear it was not more than three times—nobody else struck him—I did not give evidence at the inquest; I was not called on, no witnesses were called for the defence—I would answer that Bushell is incapable of causing the death of the deceased—no rattle was sprung during the whole time—I had a rattle—after I came up, other assistance came—I cannot say how many police there were—the mob did not cry "Shame!" or anything of the kind—there was no mob—I did not hear Mrs. Geary say, "Do not beat my husband t spare the father of my children!"—there were only two females, an old man, and one or two lads, as there generally are in that neighbourhood; when we got to the station there was not one with us, they had all left us—his wife and sister incited him on, but they did not implore us not to beat him—I had a job to keep the women back; they tried all they could to close in upon the sergeant—they did not cry "Shame!" quite the other way, they were inciting him—I have been in the police nearly two years—I charged Morris with being drunk and attempting to rescue.
CHARLES HARDY (policeman, D 60). On the morning of 18th Aug., I was on reserve duty at Marylebone-lane—the deceased and his brother were brought there about half-past one o'clock by Bushell and M'Raw—I assisted Loxton and a man named Phillips in taking them down and locking them up—the deceased was drunk and very violent—it took two constables to get him downstairs—the sergeants appeared very much exhausted—I visited the prisoners four times during the night—they were both drunk—they laid down and went to sleep—they did not make the slightest complaint.
Cross-examined. Q. Did they appear bleeding? A. No; nor hurt—I saw no staff—I did not see them till after the charge was taken.
WILLIAM PHILLIPS (policeman, D 111). I assisted my brother constable in taking the deceased to the cell—he was very violent; he resisted, pulled himself against the banisters, and kicked and plunged about—I have known him two years—I saw him outside the Grapes, Duke-street, Manchester-square, on Sunday night, 25th Ang., about half-past eleven o'clock, with his brother, four or five women, and a man or two, standing in the middle of the pavement, quarrelling—I spoke to them, and recommended them to go away—I passed them, and was returning down my beat on the other side—I went across to them, and they dispersed—they were all going into the public-house—just as the deceased was entering, he turned round, shook his fist, and used violent language—I saw him again about half-past two o'clock, coming out of Gray's-buildings, just opposite the public-house—there were several people about him—I just got up as the sergeant had dispersed them—the deceased was just going into Duke-street, towards his home—he had some blood on his mouth, whether it came from his mouth or nose I cannot tell.
WILLIAM BEWLEY (police-sergeant, D 20). On 26th Aug. I was on duty in Duke-street, Manchester-square, about half-past two o'clock in the morning—I heard a noise in Gray's buildings, which is inhabited by the lower order of Irish—there are a great many fights there—there are several nightly lodging houses—I saw the deceased—he had been fighting with a man—I saw the
man throw him down and fall on the top of him—the people called out "Here is the police!"—I picked Geary up—he was bleeding from the nose mouth, and was very drunk.
Cross-examined. Q. Are you in the same division as the prisoner? A. Yes; I have been seven years in it, and he six—I do not remember the deceased reporting him or giving evidence against him in any way—I have never heard from Bushell that he did—I do not know the man that was fighting with Geary—he did not live there, but in Chelsea as they said.
CHARLES BATTERSBY (police-sergeant, D 4). I am of the section where the deceased lived—I have known him three or four years—on Monday night, 19th Aug., I saw him at the Angel beer-shop, Paradise-street, kept by Mr. Paternoster (not the Angel which has been spoken of)—as he came out at the door, he took his arm from the sling, swung it round, and said, "Here is the arm that will kill six b——y policemen yet"—I did not see him go into the beer-shop, seeing me as be went towards his own house, and went in directly—he was quite drunk—since then I have seen him oftener drunk than sober—about twenty minutes afterwards, he came out of his door quite drunk—I saw nothing more of him that day, but about four or five days after I saw him coming very drunk, with his face bleeding, and two women following him, who I should know if I saw them—I do not believe he has been out of my sight for two days or nights—I am confident I have seen him in his usual haunts, which are the public-houses—he was in the habit of using public-houses.
COURT. Q. Except on the occasion you have spoken to, did you, between the time when he was taken to the police-office and his death, see him at public-houses? A. Repeatedly; I have seen him at the Coach and Horses public-house, close to his own place, and when I have not seen him there I have seen him in the passage of his own house, or standing at the door.
JOHN GILBERT (policeman, D 276). I was on duty in Duke-street, on 25th Aug., and I heard a noise in Gray's buildings—I saw the deceased there—he appeared to have been drinking—he was quarrelling with some friends of his.
THOMAS HYATT (policeman, D 122). In August and September last I was on night duty in the court where the deceased lived—on the Monday night after this occurred I was in the court, between nine and eleven o'clock—I saw the deceased surrounded by twelve or fourteen Irish people reading a newspaper—I should say he was a little elevated—after that I saw him go out to his work as usual daily, and I occasionally saw him come home at night, sometimes very much in liquor—I saw him regularly go to his work for eight or ten days after the occurrence.
JOHN BURROWS (policeman, D 149). In August and September last I was on duty in Russell-passage, close by where the deceased lived—on the Tuesday or Wednesday night after he had been in custody I saw him at the Coach and Horses, at the corner of Conway-court, drunk—after that I saw him almost every evening—he was occasionally the worse for liquor.
ROBERT JACKSON (police-inspector). I have known the prisoner since 1846, when he joined the force—I do not know a better, a kinder feeling young man—he is supporting his two sisters, who are out of service—when he came in on the night in question he was in a very exhausted state, and so was M'Raw—he could not sign the sheet till the morning, his hands were so cramped—his cost was torn away from the collar, and also down the front, and was very muddy and dirty—it is not here—it was produced before the Magistrate; it has been mended since—I took the charge—he was in the office with me during the
whole time—he did not take the deceased into the cell; it is not allowed—the deceased behaved very violently indeed—both he and his brother used threats and very violent expressions towards Bushell—the deceased was a powerful, raw-boned, fine-made man, of 5ft. 8in.—I knew him well by sight.
Cross-examined. Q. Do you call Bushell a powerful man? A. Certainly—the deceased had a slight black eye when I saw him on the Monday morning—I did not see it on the Saturday—there was no blood—he made no complaint of being hurt—I was very much surprised when I heard this complaint.
COURT to MR. O'FLARTY. Q. When you saw the deceased on the morning after the transaction, was he in a depressed state, so as to make him more susceptible of cold? A. No, not particularly.—a state of depression might be likely to supervene at a later period—if there was any shock to the constitution, next day depression might come on—I did not see him again till Sept. 20th—I saw no symptoms of constitutional depression then—it does sometimes happen that the shock may come on afterwards—I did not consider him in a state which would make it desirable for him to avoid cold.
(The COURT directed the Jury, that if they believed the deceased, in the ordinary course of his avocations, had contracted a cold or disease which he would not have contracted but for the constitutional depression attendant upon the injuries he had received, the prisoner would be responsible for his death, in the shape of manslaughter; but that if he contracted a chill or disease from independent causes, which occasioned the death, and not the injuries, he would be entiled to an acquittal.)
NOT GUILTY .
NEW COURT.—Saturday, October 26th, 1850.
PRESENT—Mr. Ald. WILLIAM HUNTER; Mr. Ald. CHALLIS; Mr. Ald. MOON; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged 16.— Transported for Seven Years.
GUILTY . Confined Twelve Months.
GUILTY .— Transported for Seven Years.
1835. HANNAH AMELIA JONES , stealing 2 gowns, and other articles, value 12s.: also, 1 pair of trowsers, and other articles, value 14s. 6d.; the goods of Anne Newman; having been before convicted: to which she pleaded
GUILTY . Aged 28.— Transported for Seven Years.
EDWARD WILLIAM HUMBERSTON . I keep a shop in Leather-lane. On Saturday night, 12th Oct., as I was taking in my goods, I saw the prisoner take a pair of boots off the rail outside my window—he ran away; I ran after
him—I only lost sight of him as he turned the corner—I came nearly up to him, but did not catch him—these are my boots (produced).
Prisoner's Defence. On my way home, some man came running after me, and laid hold of me; he dropped these boots at my feet.
ALEXANDER TURNER (police-sergeant, G 56). I produce a certificate of the prisoner's former conviction—(read—Convicted Oct., 1848, having been before convicted, confined one year)—the prisoner is the person.
GUILTY . Aged 21.— Transported for Seven Years.
WILLIAM MEDWAY WARD (policeman, N 79). About a quarter before nine o'clock at night, on 19th Oct., I met the prisoner in the Lea Bridge-road—he had three pairs of trowsers on his right arm, and a bundle on his shoulder—I asked what he had got—he said he was a dealer, and had come from Market Harborough—I took him to the station, and the next morning I went to the place near where I took him, and found this carpet-bag, which was cut open—there was in it a dressing-case, boots and brushes, collars, socks, and other things—these are the articles (producing them).
ALFRED THEOPHILUS LEE . I am a student, of Christ's Church College, Cambridge. These articles and this bag are all mine—I had them safe at a quarter-past six o'clock that evening—I left them at the Shored itch terminus of the Eastern Counties' Railway, in charge of William Dodd—I returned to the Cambridge train about a quarter before nine—two packages were safe, but the carpet-bag was gone.
WILLIAM DODD . I am a porter at the Shoreditch station. On 12th Oct. I received these things—I put them on one of our barrows belonging to the Railway—I left at half-past six o'clock; the things were then safe—I left them in the care of Cecil.
JOHN CONROY . I am in the employ of the Eastern Counties' Railway. On Saturday, 12th, at twenty-five minutes to nine o'clock, I put the luggage that was going to Cambridge on the roof of a carriage—I do not remember seeing these things.
Prisoner's Defence. The boots and the things I had, I bought on the road; I know nothing about the carpet-bag.
GUILTY . Aged.— Confined Six Months.
JOSEPH SANDERSON . I live in Leigh-street, Burton-crescent. On the night of 22nd Oct., the prisoner came to my house with a can, and asked for a gallon of beer—I gave it him, and he then gave me a half-gallon bottle to fill with beer—I turned round with my back to him to put the beer in the bottle—he took the can up, and went away with it, leaving the bottle—he was taken into custody about two hours afterwards.
ROBERT CREBO (police-sergeant, E 41). The prisoner came to the same beer-shop about two hours afterwards, with the same can, and I took him—I asked him what he had been doing there—he said, "Mooching," which
means getting things in that way without paying for them—he had 6 1/2d. on him.
Prisoner's Defence. I used to get trust in the house, and I did not know the man had left; at the time I was taken, I was coming back for the half-gallon of beer, and to bring back the can, and pay for the beer.
GUILTY .— Confined Two Months.
BOWDEN pleaded GUILTY . Aged 22.— Confined Twelve Months.
MESSRS. BODKIN and PARNELL conducted the Prosecution.
THOMAS MEREDITH . I am a corn-merchant, at Irongate-wharf, Paddington, and No. 108, Edgeware-road; Bowden was in my employ. On the evening of 10th Oct. I gave him directions to go to Mr. Jones, my lighterman, at Horsleydown, and take twenty-two quarters of oats to a customer of mine at Notting-hill—that would be forty-four sacks—I never knew Boddington, nor had any dealings with him, nor authorized any persons in my employ to have dealings with him—on 11th Oct. I was sent for to the Westminster Police-court, and this sack of oats was shown to me—these sacks were new to me; they had originally been hop-saekt, and I had them turned into cornsacks—I gave Bowden twenty of them the night before—the valve of these oats is 8s.; they are Archangel oats—this is my sack.
MARK LOOME (police-sergeant, B 11). On 11th Oct., about twelve o'clock, I was on duty, and saw Bowden with a wagon near Westminster Abbey, going towards the Horseferry-road, in an opposite direction to Notting-hill—I followed him about half a mile—he stopped at the corner of Peter-street, about fifty or sixty yards from Boddington's—he left the wagon there, and went to Boddington's shop—the wagon was out of sight of the shop—Boddington is a baker, and deals in corn—Bowden stopped there two or three minutes—he came out and took a sack of corn off the wagon, and ran with it to Boddington's shop—I was obliged to run to keep op with him—he went directly through the shop—there is a loft at the back to which you go up by a ladder—I followed Bowden—Boddington was up in the loft; I had known him for eight or nine years—when Bowden was at the bottom of the ladder Boddington said, "Bring it up here"—I went to the bottom of the ladder and I could see them both—when Bowden got up, Boddington said, "Put it down here," and he caught hold of the sack to help it off his shoulders—I heard Boddington say something which I did not distinctly hear—I heard the words "much" and "last"—I thought he said, "I cannot give you so much" for this as for the last"—I went up and the sack was on the floor—I consider that Bowden saw me before I got op, because his face was towards me; he saw me when I got up at all events, but Boddington's back was towards me—I asked Bowden, who authorized him to bring the sack of corn there—he said no one; that he ought to have taken it to Notting-hill—I told him I should take him into custody for stealing it, and Boddington for receiving it knowing it to be stolen—I said, "I have seen that game going on for some time"—I had seen the cart stop there before, and Bowden go to Boddington's, and bring out empty sacks, and I have seen Boddington and him coming out of public-houses—when I told Boddingtou I should take him for receiving it knowing it to be stolen, he said he had not received it—I said, "You have; I heard the conversation"—he said no more—I took them both—I afterwards took the delivery notes from Bowden—there were forty-three sacks of oats in the
wagon and two empty sacks—on the way to the station Boddington said, "You do not want to say more than you are obliged to say"—I said, "I shall say the truth and nothing more."
Cross-examined by MR. CLARKSON. Q. Excepting before the Magistrate, is this the first time you have ever said, "I told him that I had seen this game going on before"? A. I do not think I did, but it came out in cross-examination—when I went up the ladder, following Bowden, he had the sack on his back—Boddington was assisting him in taking down the sack—he had hold of the top of it when I spoke to Bowden—I have said that when Bowden saw me, instead of putting the sack down, he threw it down—that was before I spoke to him.
REUBEN RICHARDSON . I am a baker and live in great Peter-street, about 120 yards from Boddington's shop—I have seen Mr. Meredith's wagon stop at the corner against my house—I have seen a sack taken from the wagon and carried to Boddington's shop, and I have seen the man return with nothing—I can say that I have seen that three times; the first was on the 21st of May, about eleven o'clock; the next time was on 8th June, about eleven o'clock, and again on a Monday, between four and five o'clock—I did not notice the carman; I only noticed whose wagon it was—I communicated to Loome the officer the first day I saw it done.
Cross-examined. Q. Have you known Boddington for some time? A. Yes—I offered to become his bail on this occasion—if it had been anything but a felony I would have done it—I went to the station.
WILLIAM HUNT . I live at the corner of Peter-street, about eighty yards from Boddington's—I have known Mr. Meredith's wagon stop opposite our door—Bowden has been with it—I have seen him go to Boddington's and take a sack and go there—I have seen him bring empty tacks back—I have seen this four times in the six weeks before he was taken—I have seen Boddington at his shop-door on those occasions.
William Bell, of Vauxhall, and James Sharpe, of Horseferry-road, deposed to Boddington's good character; but William Newell, policeman A 280, stated he had been in the habit of having convicted thieves in his house; and William Millerman policeman 95 B, stated he had him in custody for stealing a bushel of flour, but the bill was ignored.
BODDINGTON— GUILTY of receiving. Aged 42.— Transported for Ten
FOX pleaded GUILTY . Aged 36.— Transported for Seven Years.
MR. RYLAND conducted the Prosecution.
THOMAS BLONDELL . I am landlord of the Duke of Wellington public-house, in Shoreditch. On the evening of 8th Oct., I found Fox struggling with my son on the staircase—he was taken—some of my property was found on him, and other at his feet, which had been in my bed-room, some in a box, and some in a drawer—the box was locked, and the door of my bed-room—those locks had been picked—the lock of the door was not injured; the lock of the box was—the value of the property taken was 10l. or 12l.—I have a bagatelle-room up-stairs, and my bed-room is up-stairs—the staircase divides them—the doors are opposite to each other—the rooms are on the same floor, but not on the same level.
the evening on which our house was robbed—on the morning of that day, Fox and a female came to our house about twelve o'clock—the female want up-stairs—Fox was on the stairs—they afterwards went into the parlour, and had refreshment—I sent my sister up after the female—she was up-stairs a few minutes—on the evening of the same day I saw Holland, about a quarter post seven, at the bottom of the stairs—my mother told me to take him a biscuit which I did—I took the money back to the till, and was attempting to go up-stairs, when he stopped me, and desired me to bring him a cigar—I declined that, and told him to go to the bar and fetch it—I then went up-stairs to my father's bed-room, and saw my sister waiting there for the key—I came down for the key, and Holland was then gone—I went up-stairs with the key, and I saw Fox coming out of my father's bedroom door—he tried to fall on me, and to rush down stairs past me—I stopped him, and we had a struggle—my father came out, and Fox was secured—I have always been sure that Holland was the man I saw at the bottom of the stairs—it was dark, but the passage was lighted with gas—I saw enough of his features to be sure of him—I saw him brought back two days afterwards, and I recognised him instantly.
Cross-examined by MR. O'BRIEN. Q. You had never seen Holland before you saw him at the bottom of the stairs? A. No; when I saw him next he was in custody, brought by the officers—I had not been in the bagatelle-room that evening—I did not take notice whether there were many persons at the bar at the time this occurred—Holland did not go and get the cigar.
GEORGE CABLE . I am potboy at the Duke of Wellington public-house. I saw Holland on the evening of the 8th of Oct playing at bagatelle in the club-room up-stairs opposite my master's bed-room—he came about seven o'clock, and staid till about half-past—there was a stout gentleman with him—about twenty minutes after seven, Fox came and joined them—while they were all three there, I took them two cigars—the stout man and Holland each took one—one of them asked Fox if he would take one, and he said, "No"—I had before served them with sixpenny-worth of brandy and water, and sixpenny-worth of gin and water—Holland and the stout man had them—after I had served them with the cigars I went out, and did not see then again—I saw Holland again on the Thursday following, when Brannan brought him to the house—the room in which I had seen him was lighted—I saw enough of him to be sure he was one of the men—I knew him again directly he came in.
Cross-examined. Q. Had you seen him before? A. Yes; once before playing at bagatelle—I did not know his name then—I heard him say his name at Worship-street—I was there when Holland and the stout man came in—they had the gin and water and brandy and water before Fox came—there was no one else there.
MARY ANN BLONDELL . I am the prosecutor's wife—I was at home on the Tuesday evening of this robbery—I saw the prisoner Holland that evening on the stairs—he was coining down—it was about half-past seven o'clock—when he got to the bottom, he asked me to give him a biscuit—I told him to go to the bar to get it—he took some coppers out of his pocket and gave me a penny, and told me to go—I told my son to give him a biscuit which he did—Holland then went up-stairs, and I noticed a peculiar walk as he was
going—he came down again, and he asked both my son and my daughter for a cigar—they did not give him one—my daughter and son then went up-stairs and they met Fox—Holland was then gone; I did not see him altogether above five minutes—I had such an opportunity of seeing him as to mark his features, from the peculiar way he behaved—I saw him two days afterwards when the officer brought him, I knew him, but I did not recognise him immediately.
JAMES BRANNAN (police-inspector). In consequence of information, I went on the 10th of Oct. to the House of Detention, at Clerkenwell—I found Holland in the turnkey's lodge—the turnkey was there also, and he told me that Holland had come to see a man who was in custody of the name of Fox—Holland did not say anything to that—I told him he must consider himself in my custody for being concerned with another man in a robbery at the Duke of Wellington, in Shoreditch, the night before last—he said he knew nothing about it; he knew Shoreditch very well, but he did not know the Duke of Wellington—I asked him whether he would go to the station, or to the prosecutor's—he chose to go to the prosecutor's, and when he got there he was identified by three persons.
Cross-examined. Q. What time was it you went to Clerkenwell? A. Between twelve and one o'clock—Holland gave me his address at the House of Detention, at No. 22, Vincent-street, Bethnal-green—I said, "If you are not identified, it will be in your way home to go to Shoreditch."
PETER FAIBBURN CLEPHAM . I live at 257, Shoreditch, five doors from the Duke of Wellington, on the same side—according to my recollection, I saw Holland on the night of the robbery, from twenty minutes to half past seven o'clock—he was coming out of the Duke of Wellington—a stout man had come out a few minutes before; and when Holland came out, they went by the side of the cabs, and had a few minutes' conversation—a day or two afterwards I was under the impression that I saw Holland passing by my door between the last witness and another officer—I believe he was the man—I had never seen him before.
Cross-examined. Q. You saw the stout man come out of the public-house? A. Yes, prior to Holland coming out—I was standing at my door—the lamps were lighted—it was not a gloomy evening—I saw him next in company with the police—I did not know he was taken up, I had heard it—when I saw him next he was at Worship-street—I believe he is the man.
HOLLAND— GUILTY . Aged 45.— Transported for Seven Years.
MR. CHARNOCK conducted the Prosecution.
THOMAS MORRIS . I live at 7, Drury-lane. The prisoner's father lodged with me in the rear of my house I have a workshop; you get to it from the counting-house, but there is a door to get out into the street—on the night of 11th Oct. I saw the premises locked up—the door is fastened by a bar and bolt—there is a water-closet adjoining the shop—there is an aperture at the top of the water-closet, through which some persons might get into the shop—I had in my shop a brass box; I missed it the following morning, a pair of shoes from the counting-house, and a slide-rest, which the Magistrate allowed me to have—when I came down at six o'clock next morning these articles were gone—I found the screws of the box of the lock had been taken out.
Cross-examined by MR. ROBINSON. Q. What box was that? A. The
box on the lock of the door that goes to the counting-house—I have no doubt these shoes are mine—there is a string to the door, that any person might pull to get into the house—I had no other lodger but the prisoner's father—I fastened the house at nine o'clock, but I did not go to bed then—I fastened the street-door—it was the door that leads from the workshop to the counting-house that was broken—I swear to these pincers.
MR. CHARNOCK. Q. Which door was found open? A. The door which leads from the shop, which bolts inside.
ROBERT BADGER . I work for Mr. Morris. On the morning of Saturday, 12th Oct., I went to work at six o'clock—I went up the passage by the side of the house, to the work shop-door—I found it open—I was the first person to go there—it is usual for the first person to ring the bell, but I found the door open—that door could not be opened from the outside, but by some person being inside—there is a bar and bolts; then, by opening that door they could get out at the door into the passage, and then into the street—there are two doors in the passage; one leads directly into the smith's shop, and the other leads to the passage of the house—that door is for the lodgers, it can be opened with a latch.
JOHN MACKNESS LUCK (policeman, F 100). On 12th Oct. I was on duty about one o'clock in the morning—I saw the prisoner—he was alone—he came from the upper end of Dury-lane, and turned down Great Wild-street—I went and asked him what he had in his bundle—he said he was going to the smith's shop in Wild-court, and he did not know what it was—I said I must take him to the station—he gave the name of John Smith, and said he worked for Mr. Allen, in Long Acre, and had brought these things from there—he said he did not know the name of the street where the workshop was, but he should be able to point it out—I went with him, and he went by Mr. Allen's several times, and did not know which it was—I examined his bundle, and found a large metal box, and these things in it—I showed them to the prosecutor, and he identified them—this pair of pincers was in the prisoner's pocket—this pair of shoes was in his pocket; be pulled them out, and placed them under the seat—I found these two keys on him.
WILLIAM WEST (police-sergeant, F 7). On Saturday morning, 12th Oct., I examined the prosecutor's premises—the workshop had been entered from the water-closet—there is a space quite sufficient for any one to get through, and I found the dust had been beaten off from the joints—the door of the shop is fastened by bolts and a bar—the inner door, which leads from the workshop, had a screw taken from the box of the lock—the screw was on the floor.
(The prisoner received a good character.)
GUILTY of Stealing. Aged 19.— Confined Six Months.
THIRD COURT.—Saturday, October 26th 1850.
PRESENT—Mr. Ald. CHALLIS; Mr. Ald. MOON; and RUSSELL
Before Russell Gurney, Esq., and the Third Jury.
GUILTY. Aged 32.—Recommended to mercy by the Prosecutor. — Confined
GUILTY .** Aged 15.— Transported for Seven Years.
GUILTY . Aged 30.— Confined Sis Months.
1845. ANN CASEY and JOHN SULLIVAN , stealing 1 collar, 1 pocket-book, and 3 1/2lb. weight of potatoes, value 1s. 6d.; the goods of Other Richard Windsor, the master of Casey. 2nd COUNT: charging Sullivan with receiving the same: to which
CASEY pleaded GUILTY . Aged 18.— Confined One Month.
MR. WINDSOR conducted the Prosecution.
WILLIAM COOPER (policeman, G 112). On 15th Oct. I was in Baker-street, Clerkenwell, and saw Sullivan loitering about the street—he stooped down to the area of No. 25, and a female handed him up this bundle (produced)—he walked off, I followed him, asked him what he had got—he said nothing—he was very violent; I called a shopkeeper to assist me, and I took the bundle from under his coat—I took him back to the house—Casey, who was servant there, was sent for out of the kitchen—she denied it, and the master of the house identified the apron the bundle was made of, as the one worn by Casey—I found this old pocket-book in Sullivan's pocket, and these rags and potatoes in the bundle.
OTHER RICHARD WINDSOR . I live at 25, Baker-street. On 15th Oct. Sullivan was brought to my house by Cooper, who produced some potatoes, which corresponded with those I had in the house, and the apron was what the female prisoner wore—at the station some pieces of muslin, containing coffee, were found on Sullivan, which are part of one of my children's dresses, and a collar was taken from Casey's pocket.
SULLIVAN— GUILTY of receiving. Aged 20.— Confined One Month.
JOHN BEST . I am pot-boy at the Gunter's Arms public-honse, Fulham-road. On 6th Oct., about ten o'clock at night, I was sitting at the table is the tap-room, with a tea-caddy by my side—I Iay down and went to sleep for twenty minutes, leaving a male, a female, and a little boy in the room—when I awoke the tea-caddy was gone, and there was no one there—the tea-caddy belonged to Jane Berryman—I did not see the prisoner till I saw her at the station-house.
DAVID CAMPBELL (policeman, V 281). In consequence of information I found the prisoner about twenty minutes past eleven o'clock in the King's-road, Chelsea—I stopped her, and asked what she had under her shawl—she said "Nothing," and attempted to throw this tea-caddy into the road—I took it from her, and took her to the station—she said it was given her by a man—she had been drinking.
Prisoner's Defence. At ten o'clock I was at my brother's at Walham-green; he came part of the way home with me; when he had left me ten
minutes, I met a man who accompanied me down a lane, and gave me the caddy.
NOT GUILTY .
CHARLES WILLIAM BROWNING . I was playing in the Britannia-fields, at touch, with two other little boys, and the prisoners and another boy told me to put my coat on the railing, because it was too hot to play at touch with it—I took it off and put it on the railing—Briggs took it, put it under his coat, and they all ran away together.
CHARLES PRICE TOMLINSON . I was at play with Browning, and saw his coat on the rail—I saw Briggs take it away; Hearn was by his side at the time, and they ran away together—no other boy on the other side of the rails could have taken it—there was another one who is not here, who spoke to Browning.
JAMES MARSHALL (policeman, N 166). I found the prisoners at half-past two o'clock on the morning after the robbery, asleep in a sand-house, in a brickfield—I told them they were charged with stealing a boy's coat—they said they knew nothing of it—I brought them to the station, and Beezley, who was there, was charged with them—he has been discharged.
BRIGGS— GUILTY . Aged 17.— Confined Two Months and Whipped.
HEARN— GUILTY .* Aged 17.— Transported for Seven Years.
WILLIAM JONES . I live at Victoria Cottage, Hackney. On 12th Oct., about half-past three o'clock, I was at the East India Docks, and saw the prisoner and another boy in a ballast barge—they hauled the barge alongside of the Ostrich and one of them put his hand into one of the dead-lights, and another boy on the quay gave him a knife—I could not see whether he took out anything—they then came ashore together, and I saw the boy who was in the barge, with the prisoner, throw some lead into a shed abnt 150 yards from the barge—I saw him again, five or ten minutes after—I am sure he is one of the three—the knife was a clasp one, with a dark handle, like this (produced).
WILLIAM COOPER . I am carpenter on board the Ostrich—these pieces of lead were on the port sill, and could be reached from the dead-lights by a person putting his hand in from a barge—I saw the lead safe at one o'clock, and missed it at three.
BALLANTINE CHARLES FRIEND . I am a constable of the East and West India Docks. I took the prisoner of Connley, and found this knife in his pocket—he said he had not been in the barge—I received this lead from Connley.
DAVID CONNLEY . I am tide-waiter on board the Ostrich—Jones gave me information, and I ran after three boys, who were then in sight—I did not lose sight of them till I caught the prisoner, the others ran away—I cannot be mistaken as to the prisoner being one of them.
Prisoner's Defence. I was going through the Docks to meet a mate when I was taken; I know nothing about it.
GUILTY. Aged 17.—Recommended to mercy by the Jury, the officer stating that he bore a good character. — Confined Fourteen Days and Whipped.
OLD COURT.—Monday, October 28th, 1850.
PRESENT—Mr. RECORDER; Mr. Ald. WILLIAM HUNTER; and Mr. Ald.
Before Mr. Recorder and the First Jury.
1849. ROBERT HICKS , feloniously breaking and entering a building within the curtilage of the dwelling-house of John William Webb, and stealing 2 tame pigeons, value 10s.; his property; having been before convicted.
MR. KENEALEY conducted the Prosecution.
JOHN WILLIAM WEBB . I am an interpreter of languages, and live at 15, Alfred-terrace, in the hamlet of Ratcliff. On Sunday, 29th Sept., about half-past three or four o'clock in the morning, I was awoke by the police—I went to an aviary in my yard, and found it burst open, and thirty-four pigeons gone; two of them came back next day—I had seen them safe about ten or half-past on the Saturday night—I afterwards saw two of them in the possession of the police—the aviary is enclosed by the same wall as the house—I occupy it with the house—it was not locked, bat the top part which opens down was pegged and solidly fastened, so that the pigeons could not get out of themselves.
WILLIAM TAPLIN (policeman, K 234). On Sunday morning, 29th Sept., about two o'clock, my attention was attracted by a noise under one of the railway arches which runs abreast of the prosecutor's garden-wall—I went and threw my light on, and then saw the prisoner coming from the top of the prosecutor's garden-wall—directly he saw me he took to his heels and ran as fast as he could through several different streets—I pursued him till I was nearly exhausted—I came up to Mercer, and called to him to follow him—he was afterwards brought back in the custody of a constable named Bull—I am quite positive the prisoner is the man I saw dropping from the wall.
JOHN MERCER (policeman, K 120). On the morning of 29th Sept., I saw Taplin running after the prisoner, springing his rattle, and his light turned on—I ran towards the prisoner, and he turned down Joseph-street—I saw him drop two pigeons from his left breast, apparently from under his coat—I think it was the same he has on now—I lost sight of him for three or four minutes, and then saw him again in custody of another constable—I am positive he is the man I ran after first, and who dropped the pigeons—I had seen him before, and knew him—he dropped the pigeons in the street, and after he was in custody I went back and picked them up—their wings were broken, and their feathers very much tossed about by being crumpled up in his chest, to that they could not fly—I found them where he had thrown them down.
Prisoner's Defence. I don't know anything about it; I was coming along, and the policeman took me, and said I had taken the pigeons.
GUILTY . Aged 22.— Confined Twelve Months.
(MR. O'BRIEN offered no evidence.)
NOT GUILTY .
(See George Elman's case, page 788.)
(In this case, the child, when brought before the Magistrate, was not deemed competent to take the oath, and had been placed under instruction for that purpose. The RECORDER, after putting some questions to her, directed her to be sworn. MR. RIBTON for the prisoner, at the conclusion of the case, referred to a passage in "Russell on Crimes" to Reg. v. Williams, 7 Car. and Payne 320, and Reg. v. Hall, Sessions Paper, vol. 31, page 72, to show that instruction as to the nature of an oath communicated for the mere purposes of the trial, was by no means satisfactory. The RECORDER thought the law in Russell was laid down much too broadly; this was a matter in the discretion of the COURT, and if upon reflection he should alter his opinion, the prisoner should have the benefit of it.)
GUILTY . Aged 21.— Transported for Life.
MR. BODKIN conducted the Prosecution.
THOMAS MILLER . I am an artist in colours, by appointment to Her Majesty, and carry on business in Long-acre. On Friday night, Aug. 2nd, I was returning home from Chelsea—the clock struck twelve as I passed through St. James's-park—I should say it was a quarter-past when I got to Long-acre—as I passed Rose-street (on the right side of Long-acre as you come from St. Martin Vlane), I felt both my arms pinned from behind—I had a roll of drawings three feet long in one hand, and a walking-stick in the other—at the same instant I was faced by another person, and a third appeared at my left side, at least I guess it was a third—I then saw the prisoner standing with what I thought was a walking-stick—he came up to me on my right, and immediately a machine was put round my neck from the right side, I have no doubt, by the prisoner—I had had a full view of him by the light of the lamp, waiting to put this infernal machine round my neck—I was completely strangled—my coat was unbuttoned, and ray waistcoat pockets were torn—this eye-glass was taken from my pocket, and the word "Eye-glass" was mentioned by one of the men—I was still standing up—all sensation left me, and I was dead to all intents and purposes by strangulation—I have every reason to believe that at that moment some alarm was given, for I was loosened and dashed on the kerb-stone, by which one of my teeth was broken out, and my chin was very severely fractured—on recovering, I saw one man at a distance—I think he did not know the passage out, and could not get away without passing me—I chased him about a quarter of a mile, but the pressure which had been on my throat disabled me from calling out, and I lost him—I met a policeman, and proceeded to Bow-street station—I arrived there at twenty minutes past twelve, and made a complaint—I am enabled to speak to the prisoner, by the gas-light behind me shining directly on his face—I did not describe him that night, but next morning I wrote to Scotland-yard—I saw him again at the Mansion-house, about two months afterwards—I did not know he was in custody; I saw him by chance at the bar among other persons—I went there because I heard a person had been taken into custody—the other persons were close by—I cannot say whether it was the bar—before I recognised him, I had a communication with Haydon, one of the detective-police—he did not point the prisoner out—on my solemn oath I have not the least doubt he is the man—I saw a flexible walking-stick at the station, with a life-preserver at the end of it—by putting the two ends together when round a man's neck,
and twisting them, strangulation would immediately take place—I believe it was an instrument of this kind that was applied to my neck.
Cross-examined by MR. O'BRIEN. Q. You gave no description of the person to the police, either that night or next morning? A. No; I had not been at the Mansion House a moment before I recognized him—the next time he was brought up, was on my charge—I was not with Haydon when I recognized him—on the night this happened I had been to King's-road, Chelsea—I supped there—I had dined at home—I believe I took a small glass of brandy and water at supper—I think I may say I did not take more than one glass, but could not pledge my oath now—the man I chased, was in front of me; when I got up, I chased him into Hart-street, Covent-garden, through the courts, which are very intricate, and there lost him—I saw the prisoner immediately upon being pinioned—I could not recognize the man who pinioned me—the street-lamp was behind me, eight or ten yards off—it is in the centre of, and lights up the underneath part of the archway, which is the entry to Rose-street—this was not five minutes taking place—it was more than a minute—the man who faced me came suddenly upon me, which prevented my seeing his face, and my attention was called to the face of the prisoner, and fixed upon it—I saw the prisoner immediately I was pinioned, and before I saw the man who faced me; I should fancy I was insensible two or three minutes—the whole of it did not occupy five minutes, it was done very cleverly indeed, nothing could be done better—there were a great many people at the Mansion-house—I did not see the bar at that time—I was never there before—I went there expecting to see the man who had treated me in this way—I described the prisoner, on the night previous to my seeing him, to Haydon—I had read no description of him in the papers then—I had read in the papers about Mr. Cure ton's case, in Aldersgate-street—that was before I gave the description—Haydon came to my house, in consequence of a card which I left in the City about the middle of Sept., before I went into the country—the prisoner's hat was put on him at the Mansion-house, at my suggestion—Haydon was not standing by him when I first saw him, or when I charged him with being the person who assaulted me—he was removed from the bar to the lock-up, and then I went and saw Haydon, and told him he was the man—that was after I had ordered his hat to be put on, and not five minutes after I first saw him.
MR. BODKIN. Q. Was it such an instrument as this that was used (produced)? A. I should say it was—I saw it at the station—it might be a week or a fortnight after I had read the account of Mr. Cureton's case that I went into the country—I was suffering very much from this attack, and am now—I had no communication with any one about this, till the evening before I went to the Mansion-house—I am quite certain Haydon had not described the person who was in custody, before I described the prisoner to him, nor had any one else—there was nothing at the Mansion-house in my view to distinguish the prisoner from those by whom he was surrounded—I did not look at him a second before I made up my mind it was him—the man wore a had on that night, and I had the prisoner's hat put on, to see if I could recognize him in a hat as well as without one—I had no doubt about him before it was put on.
MICHAEL HAYDON (City-policeman, 21). I am one of the detective force. On 2nd Oct. I took the prisoner on another charge—I had then no knowledge of Mr. Miller or his address; I obtained it on 6th Oct.—I went to his house, and he described the person by whom he had been attacked—I had not described any person to him who was in custody—he came next day to the
Mansion-house by my desire—he found his way into the justice-room without any communication with me—the prisoner was then in the dock with two persons whose turn it was to go up before him—Mr. Miller then made a communication to me—I saw the prisoner's hat put on in the dock shortly after Mr. Miller gave his evidence—I saw this instrument found at Hoxton, in the house of a man who was taken with the prisoner.
Cross-examined. Q. Who was the other man? A. I key Williams—the prisoner was not told that he was discharged in Mr. Cureton's case—he had been remanded twice; it was then abandoned—it was not in consequence of Mr. Cureton's case being called on by the clerk that the prisoner made his appearance—remanded cases are not necessarily taken at a particular time, but generally they are—I brought the prisoner up from below—Mr. Cureton was not examined—I think no one was examined; but Mr. Humphrey, the attorney, asked for a remand, for further evidence—that was before Mr. Miller made any communication to me—I did not come up with the prisoner from below; I sent him up—I stood on the stairs, and he stood in the dock—the other two prisoners were not examined before the prisoner was remanded—every case takes its turn—I had taken the prisoner down into the dock before I heard Mr. Miller make any charge—the place where the prisoners stand, is enclosed from where the public are, by a very low iron rail—it is about sixteen inches wide—Mr. Miller stood close by the door which leads to the ante-room, about six feet from the bench.
MR. BODKIN. Q. Had the two persons who were in the dock, been brooght up from below by this narrow staircase? A. I do not know—they may have been admitted to bail, in which case they would come in at the ordinary entrance—I saw them there when I got into the dock—they were standing up—I passed them so as nearly to touch them—Mr. Miller must have seen them—the doors of the enclosure are of wood, but the enclosure itself is an iron railing—a rail was round, to afford means of egress—I took the prisoner at the Red House public-house, Pearl-row, Blackfriars—he said he was ill, and an out-patient's letter from St. Thomas's Hospital was found upon him—I did not find it, and cannot tell the date of it—I believe he lives in Martin-street, Blackfriars.
GUILTY . Aged 33.— Transported for Twenty Years.
MR. O'BRIEN conducted the Prosecution.
GEORGE UNDERWOOD . I am a boot and shoe warehouseman, of Chapel-street, Somers'-town. On the night of 3rd Oct., about one o'clock, I was returning home with my cousin, Joseph Jackson—in Brill-row we went into a pie-shop—the prisoner came in—I had seen him before—he began to abuse my cousin; called him a white-livered b——, and told him to go home and die—I told him not to use such language—we remained in the pie-shop about ten minutes, eating two twopenny pies—we then left, and went towards our home, straight up Chapel-street—the prisoner followed after us, still abusing us—to get rid of his annoyance, I made up my mind to go home with my cousin, who lives opposite the railway-station—I parted with him at the African Chief, about six yards from where he lives—the prisoner was then on the opposite side of the way—I turned back and knocked at my own door—the prisoner then crossed over to me, and I left my door and went down the street, then turned back and met him—he got in front of me, and struck me, and snatched at my chain, and broke my key off in trying to get it away—it was a gold Albert chain—the swivel was in my watch, and my watch was
in my fob, and the key of the guard was put through the button-hole of my waistcoat—I put my hand down and saved the chain, and said, "Is that what you mean? I will stick to you for this"—the key was caught in my trowsers and I saved it—the prisoner then walked away, and I after him, to see if I could get a policeman—he went up Ossulton-street, and then crossed over to the African Chief—two men were standing there—I stood twenty or thirty yards off, being frightened seeing three of them, and I heard him say to one of them, "There is the b——; he is following me now"—he then crossed over up Ossulton-street again—I went after him, and hallooed out "Police!" as he was going rather quick—two policemen then came up, and I gave him in charge for assaulting and attempting to rob me—I had kept him in sight, thinking I should see a policeman, but did not.
Cross-examined by MR. COCKLE. Q. He was walking all the time, was he not? A. Yes, till I called "Police!" and then he did not exactly run—I do not think he was in the pie-shop when I went in—he came in and asked for a baked potato—I did not ask him why he could not afford a little butter to his potato—my cousin said to the man who kept the shop, "Can't you give him a little butter with it?"—the prisoner did not tell us to leave him alone, and not interfere with him—he turned round and began to abuse us; I did not answer him in the same style—I used no abusive language—the prisoner told me he had bought shoes of me, and I have some slight recollection of his having done so about a month ago—I did not know his name or where he lived—somebody answered the door when I knocked, but I told them to shut it, and went away not knowing what he wanted, for he came up to the door still abusing me—I do not know who the two persons were that he spoke to outside the public-house—I was perfectly sober—I had been out on business with my cousin—we had been to Weston-street and had three sixpenny worths of brandy and water between us—I have never been in any trouble.
COURT. Q. What did he hit you with, his fist? A. Yes; on my chest.
GEORGE SPRAY (policeman S 355). On the morning of 4th Nov. I heard cries of "Police!" in Chapel-street, Somers'-town—I went in that direction, and saw the prosecutor having hold of the prisoner by the collar—he said he gave him in charge for assaulting him, and attempting to steal his watch-guard—the prisoner said he did not attempt anything of the sort—the prosecutor showed me the chain broken—I have it here, it is exactly in the same state—it is one of the links that is broken—the prisoner and prosecutor appeared quite sober.
Cross-examined. Q. Do you know this pie-shop? A. Yes; it is about a hundred yards from where I took the prisoner.
NOT GUILTY .
MR. PLATT conducted the Prosecution.
JEREMIAH HAYES . I am a labourer, and live at 10, Little Carlisle-street. On 23rd Sept. I went out to see a friend in Cato-street, who had come from America—between four and five o'clock in the morning the prisoner invited me to his room in Edward's-place, near Cato-street, to have some beer—I had one glass—a man named Deeley was in the room—he did something which made the prisoner tell him to go out of the room, and he said if he did not go out he would strike him with a bar of iron—he and the prisoner went but
together—the prisoner came in again with a bar of iron in his hand, and said, "As I did not strike that man 1 will strike you," and he up with the bar and struck me on the head, which knocked me quite senseless for five minutes, and for near an hour afterwards—I was quite sober, and I think the prisoner was—he had had some beer—the prisoner's brother Thomas was in the room all the time, and when I got better I found Thomas had got hold of me—the prisoner came to strike me again, and said he would have my life, but he struck Thomas instead—I was taken to the Dispensary—I lost a good deal of blood—I am recovered now.
Cross-examined by MR. O'BRIEN. Q. What time on the Sunday did you commence drinking? A. I did not commence at all—I went to Conner's about eleven at night—I only had one glass of beer there—I had left home at seven—I was walking about till eleven—I had no beer till I got to Conner's—I went to Conner's, because he had come from America—there were a number of persons there—I cannot tell how many, I only saw one or two—I remained at Conner's very near an hour—this happened between five and six in the morning—I went home after leaving Conner's, but my door was shut and I could not get in without waking my wife and the people of the house, and I went back again to go to my work—I met two of my friends, and went into a beer-shop with them to have some beer—I walked about the streets till between four and five—no one was with me—I left Deeley in Cato-street at twelve o'clock—I met him again in Edward's-place, between four and five—he was going to have some beer—my work does not begin till six o'clock—I did not take out a warrant against the prisoner till three weeks afterwards—I have since heard that a man named Conner was taken for the assault—I did not see him, and did not charge him—Deeley is here; he was not in the room when the prisoner struck me—I did not see him again that night—I was never in any trouble, any more than having a drop of beer once or twice—I was in the station for that, not for being drunk or for an assault—I was never charged with assaulting the police, or for assaulting anybody—I had the prisoner's brother taken up for holding me—Deeley was examined before the Magistrate—the prisoner was remanded for the witnesses to come forward—I brought them, but they were all his friends—I have heard of the "Three-year-old" party, and the "Four-year-old"—I have got nothing to do with them.
WILLIAM LEONARD (policeman, D 50). On 6th Oct. I met the prisoner in John-street, and said, "William, I want you"—he said, "What for?"—I said, "I believe you know what for"—he said, "No, I do not"—I said, "It is for assaulting Jeremiah Hayes"—he said, "Very well, I will go anywhere with you"—as I took him tp the police-court, he said, "Only for drink it would not have happened."
Cross-examined. Q. Did you take his brother up? A. I did; I also took Conner for the assault the day after it happened—Hayes' wife came to the station, and said that her husband had said that a man of the name of Conner was the man that had assaulted him—I took Conner to Hayes', but he was then quite light-headed.
CHRISTOPHER PAUL . I am a surgeon at the Westminster General Dispensary. About half-past six o'clock, on the morning of 23rd Sept., Hayes was brought to me—he was apparently labouring under concussion—there was a severe scalp wound about an inch and a half long, and down to the bone—one of the arteries was divided—I had considerable difficulty in stopping the haemorrhage—I attended him for about three weeks; he was confined to his bed during that time—symptoms of erysipelas showed themselves—a bar of iron would be likely to produce such a wound.
Cross-examined. Q. Was he an out-door patient? A. He was—I did not detect that he had been drinking—I attended him at his own house for the three weeks—he was up the latter part of the time, but did not leave his room—he was not sensible the morning I first saw him—the symptoms of concussion still remained—he did not give any account of this affair till about the 27th—drunkenness will aggravate the symptoms of concussion.
MR. O'BRIEN called
JOHN DEELEY . I was examined before the Magistrate on the part of the prosecutor—on the night of 23rd Sept., I was in company with Hayes—I first met him on Sunday afternoon, about half-past six o'clock—we walked to the Edgeware-road, from there to Stingo-lane—we went to Conner's about a quarter-past twelve at night—I was with Hayes all that time—we were drinking part of the time at the Wellington, below Seymour-place—we had 2s.-worth of beer among a lot of us—we went to two public-houses, and then went to Cato-street—there was a roomfull of us—we had drink there—we remained there about half an hour—we came out of there—the woman of the house said she would not have us there any longer, and we went to another man's house, whose wife had lately come from Ireland—we had some beer there—Hayes was still with me—we remained there about twenty minutes.
(The Jury here stopped the case.)
NOT GUILTY .
NEW COURT.—Monday, October 28th, 1850.
PRESENT—Mr. Ald. WILLIAM HUNTER; Mr. Ald. CHALLIS; and
Before Mr. Common Serjeant, and the Fifth Jury.
1855. THOMAS PARDOE , and JOHN HARRINGTON , stealing 6lbs. of a preparation called "batch," value 6s.; the goods of Thomas Thompson Trenow and another, their masters. Other Counts varying the description of the property.
MR. PARNELL conducted the Prosecution.
THOMAS THOMPSON TRENOW . I am in partnership with Mr. Bennett; we are glass-manufacturers, in Montague-street, Whitechapel. The prisoners were in our service as day-men—Pardoe's wages were two guineas for five days—he had no authority to give orders; he was merely the best workman—I had not given these men orders previous to 25th Sept. to make glass-stoppers—I had given orders that they should not be made—the metal out of which these should be made was in No. 1 clay-pot—the metal is, in fact, molten glass; it is sand, red lead, potash, and saltpetre—it was, at the close of the day, the duty of these men to report to a man who attends all the goods that are made—Pardoe had the keys of some of the warehouses in his care—it was his duty at night to bring them up-stairs—in consequence of information, I obtained the assistance of two policemen on the evening of 25th Sept.; we placed ourselves at a short distance, which commanded a view of the gateway—about eight o'clock, Pardoe came to the gate—he stood at the top of the gateway, looked round, and returned down, I suppose, to the factory—he came up with Harrington, and they came out together—Pardoe crossed the road to deliver up the keys, I suppose, and Harrington wen: over to the public-house—I pointed him out, and the officers followed him—he was brought back to the warehouse and searched—126 glass-stoppers were taken from his two pockets, two cigar-tubes, and a glass bottle—I believe them
to be mine—I attend constantly to the premises—I had not filled this metal pot; I knew of its being filled a day or two before—I had prepared some of the materials—it had been filled on Friday night—I think it had been used between the Friday and the Wednesday.
Cross-examined by MR. BALLANTINE. Q. How long had Pardoe been in your employ? A. Since July 29th; I suppose he had been there from the time the factory was built, about two years—when I came, I found him the head workman—he was, I suppose, the person to whom the others looked up—I did not bring any workmen of my own, I only took those who were there—I had directed Harrington not to make stoppers without my direction, unless I or my partner gave him orders—Harrington was a servitor; Pardoe was above him; Harrington would have to obey his orders—it was presumed that Pardoe would not give orders unless he had authority, and Harrington would be justified in attending to them—Pardoe never did any work of his own on my factory to my knowledge, and account to me for the time or materials—he had never brought his own materials on the premises, to my knowledge—he sold me some ruby glass in the lump; I think the value of it was 5s.—it is an article I cannot make; only two persons in the kingdom can make it, Pardoe is not one of them—he has never made a settlement with me about articles he has made, nor paid me anything for having used my materials—he once asked to make an article on his own account—that was about a fortnight after I came—the value of the article I think was 4s.—he said, "I will pay you for the materials"—the value of these stoppers in a manufactured state it about 6s.—the value of the materials is about half that—it had not been a custom for the men to make articles, and then to pay for them—before I came to this house I was a student—I am not aware of what the custom was before I came.
MR. PARNELL. Q. This single order was soon after you came there? A. Yes, and for that he asked my permission—I took that opportunity of telling him when he wanted anything to mention it to me, and I would give him an order.
THOMAS KELLY (police-sergeant, H 2). On 25th Sept. I was with Mr. Trenow—I saw Pardoe come out of the gute, go back, and come out with Harrington—I and Gifford followed Harrington, and I think Pardoe called out, "Jack, Jack!"—Harrington said something, but I did not bearwhat—I took Harrington to the warehouse—I secured him, and found 146 bottle-stoppers, two or three cigar-tubes, and a bottle, in the pockets of his shooting-jacket—he said it was the first time, and he had an order to make them, from Pardoe—Pardoe was brought in shortly afterwards, and Harrington said he was in a nice mess, or a nice fix—Pardoe asked what it was all about, and he said, "I gave you an order to make them; I had an order for a gross, and we intended to have brought them back when we settled our score at the public-house"—previous to Pardoe coming in, Harrington had said, "We intended to have brought them back, after we settled our score at the public-house."
Cross-examined by MR. BALLANTINE. Q. Read this deposition and answer this question, did he say, "I gave him the order to make them, and we intended to have brought them back after settling our score at the public-house?" Yes; I am sure he said that.
ROBERT GIFFORD . I was a policeman. I was with Kelly on 25th Sept.—I saw the two prisoners come out—while I was following Harrington I heard Pardoe say, "Jack Jack!"—Harrington said, "All right Tom, go into the public-house," meaning the Commodore—they were both going towards
the public-house—I found these things upon Harrington—he said, "It is my first time; Pardoe ordered me to make them"—I went to the Commodore and found Pardoe—I said to him, "We have got Harrington with a lot of stoppers on him"—he said he ordered him to make them—I took Pardoe to where Harrington was, and Harrington said, "A nice fix I am in"—Pardoe said, "Well, I ordered you to make them; I had an order for a gross, and we intended bringing them back after we settled our score at the public-house."
SAMUEL SHARMAN , the Younger. I live with my father, in Short-street, Spitaifields—I am employed at the prosecutor's from eight in the morning till eight at night—my father works there at night. On 25th Sept. I had to be there early in the morning to see my father—I saw Harrington come at twenty minutes or half-past seven—he began making some stoppers out of No. 1 pot—I gathered the metal up for him—there is what is called a chair by the pot—it is a sort of large bench with two arms to it—as he made the stoppers he knocked them under the front of the chair—there is an annealing oven where they put them till they get cold—he worked till about five minutes before eight—he then went to his other work—he told me to put the tools down on the front of the chair—he worked at them again for five or ten minutes after breakfast, and again when he had got time—I saw Pardoe there; he was finishing off work two or three yards from No. 1 pot—I did not see him talk to Harrington in the course of the day—he was near enough to see what Harrington was doing—in the course of the day Hirrington called me on one side, and told me if I saw any of the masters come up the yard to give a whistle—I do not know how many stoppers he made, nor what became of them—I gathered the metal for him, up to eight o'clock—nobody did it for him afterwards—it is usual to have a boy to gather it.
Cross-examined by MR. ROBINSON. Q. What time did he tell you this? A. About eleven o'clock—he went on making the stoppers when he had time—he did not go off the premises to his breakfast.
SAMUEL SHARMAN . I am the father of the last witness. I am a night-workman at the prosecutor's premises; I work from eight o'clock at night till eight in the morning. On the morning of 25th Sept. I saw Harrington, about twenty minutes or half-past seven o'clock—that was before his proper time—I had filled that metal-pot on the Friday before with material that belonged to Messrs. Trenow.
HENRY VINCENT . I am employed at Messrs. Trenow's premises; it is my duty to attend to the furnace and the smelting-place, and take an account of all the goods that are made each day—the men give an account of everything that goes through the ladle; as it comes out I take account of it—I had no account of these stoppers—I give an account to Mr. Trenow.
Cross-examined by MR. BALLANTINE. Q. Is the account given by the men verbally, or in writing? A. The men give an account to me; I enter it on a slate, and take it to Mr. Trenow, and he makes the entry—here is the book—there are no entries by me—no one has taken Pardoe's place—I believe he was foreman—he was not the person from whom the men took their orders—I took my orders from Mr. Trenow—I have been there sixteen months—Pardoe did not make things on his own account, and account to his master afterwards for them.
MR. TRENOW re-examined. This account is brought to me by Vincent on a slate, and I enter it.
that night by Pardoe—I presume that was the last thing he would have to do—he brought them a short time after eight o'clock—he then left.
(Pardoe received a good character.)
PARDOE— GUILTY . Aged 30.
HARRINGTON— GUILTY . Aged 30.
Confined Four Months.
MR. BODKIN conducted the Prosecution.
EDMUND RUSHWORTH . I have one partner; we are auctioneers, in Savillerow, in the parish of St. James, Westminster. None of the persons in our employ sleep on the premises—we occupy the lower part of the house: our auction-rooms are behind—the prisoner was in our employ in June, 1849—be had been so constantly about a year and a half, and occasionally before—he was one of our porters—it was part of his duty to make fast the counting-house and rooms in the evening, and take away the key—on Saturday, 30th June, 1849, we expected a parcel of plate from Thomas, of Bond-street, to be introduced into a sale on the following Tuesday—I left about half-past five o'clock—the plate had not then arrived, to my knowledge—we have an iron chest there; I have one key of it, and my partner has another—I took away my key—the persons there had no opportunity to open that chest—I left the clerks and the porters there—the gentleman who has the charge of the auction-rooms, would leave at six o'clock—the prisoner would remain last, till seven, then lock up and take the keys with him—on the Monday following I went to the premises—I found the clerks and porter outside the house—I sent for a smith, and had the door opened—I went also over the premises, but found no marks of breaking in—I did not see the prisoner again till I saw him in custody this month.
Cross-examined by MR. WOOLLETT. Q. How many persons did yon leave when you left? A. I cannot tell; I think there would be four clerks in the counting-house, and three porters—they might all have been there then—it was the prisoner's duty to lock up after every one have gone—we have a great quantity of property there at times.
JAMES EDWARDS . I am in the employ of Messrs. Thomas and Son, silver-smiths, in Bond-street. On Saturday, 30th June, 1849, I took a parcel of plate to Messrs. Rushworth's, between six and seven o'clock—there was a silver coffee-pot, forks, spoons, ladles, and other things—I delivered the parcel to the prisoner—he and Cordwell were the only persons I saw there belonging to Mr. Rushworth—the prisoner unpacked the articles out of the baize, and took an account by my list—he put it, while I was there, into a drawer of the sideboard, on the right-hand side going in at the door—while I took the articles out, he asked me which were silver and which were not, because he wanted to put the silver away—the plated articles he did not want to know about—I answered those questions—they were worth about 168l. for old silver—they would have been worth upwards of 200l. in the trade.
CHARLES CORDWELL . I was a porter to Messrs. Rushworth, in June, 1849. I remember this plate being brought—the prisoner was there—the clerks had left—the plate was put in the sideboard, and the prisoner put the key into his pocket—I remained till ten minutes or a quarter-past seven; I then left, leaving the prisoner there alone to lock up—I went on the Monday—I found the place locked up—I waited till Mr. Rushworth came—he sent for a smith and had the door opened—we went in, found the door of the sideboard open, the drawer open too, and the plate gone—the key
was in the door of the cupboard in which the prisoner had put the plate—the plated things were not taken away, only the silver—there was some green baize there, and part of it had been torn away—I found this basket there, which was not there on the Saturday.
Cross-examined. Q. How many windows are there? A. One towards the street—the shutters were shut; I opened them—we take the goods in at the front door—we go through another door to get in.
JOSEPH POWELL . In June, 1849, I was in the service of Mr. Squibb, who occupied the upper part of the prosecutor's premises—they have two windows looking down Saville-row—the entrance is by the side of the windows—on Sunday, 1st July, 1849, the prisoner came there about one o'clock—I knew him to be the person entrusted with the keys by Messrs. Rushworth and Jarvis—he asked me if either of his governors had been; I said I would inquire—I inquired, and my fellow-servants said they had not—the door I opened led from the passage to the street—a person coming in at that door would require a key to get into Messrs. Rushworth's premises—the prisoner took a key, unlocked that door, and went into the office—he was in there about twenty minutes—he brought this basket with him when he came—I did not let him out—I saw him go, and he had a parcel tied up in green baize, with a cord round it—the parcel was larger than this basket—I suspected nothing wrong.
Cross-examined. Q. I suppose you had seen him come to the premises before? A. Yes; I never saw him take a parcel away before—he had been in the habit of coming on Sunday morning—he might have left some of his things there, and I had that confidence in him that I did not think it singular.
GRORGE DAVIS . I keep the Coach and Horses public-house, in Conduit-street. On a Sunday in last year the prisoner borrowed this basket of me, immediately after the house was open, at one o'clock—I heard of this robbery on the Monday; it was the day before that.
FRANCIS THOMAS WALL . In June and July last year I was in the service of the prosecutors—I went to the office on Monday morning, 2nd July, and the office was not open—the lock was picked, and I found the sideboard open, the key in it, and the plate gone—I had made a catalogue of the greater part of the silver plate at Mr. Thomas's; the value of it altogether was about 200l.—the plated articles were left.
Cross-examined. Q. What were you? A. A clerk—I had been there seven or eight years—there is a window in the warehouse which has been sometimes open—there is a window in the auction-room which looks out at the back—I do not remember any complaints being made of that window being open: it is nine or ten feet from the ground—there is another window in the same ware-room, about the same height from the garden—there are two doors from the street, one leading to Mr. Squibb's and the other to the auction-room—there is no other door by which you can get to the premises—there is one other window close to the staircase; it has a shutter, I cannot say whether that is fastened; I get there after it is opened and leave before it is closed—there are skylights in the auction-room.
MR. BODKIN. Q. How high would a man have to fall from the skylights? A. I suppose about forty or fifty feet—the window on the stairs opens to the outside—I did not see any marks of violence.
ROBERT CHICKLEY (police-sergeant, H 16). On the 16th of this month I was on duty at Whitechapel-road—I saw the prisoner coming out of a public-house—I said, "Collins, I want you for the plate-robbery at Mr.
Jarvis's"—he said, "I am sorry you have got me to-day; I was going in the country to-morrow"—I said, "It is a bad job, you must come along with me"—I got a cab and took him to the station—in going along he said, "What do they value it at?"—I said "About 200l. he said, "It was a good day's work for the man that had it"—after we got him to the station he said, "If any one else had had it they would have known better what to do with it"—he refused to give me his address—I heard of the robbery in 1849, and had been trying to discover the prisoner.
GUILTY . Aged 30.— Transported for Seven Years.
JOHN FITZSUMMONS . I am a seaman, on board the Grove—she is now lying in the Pool. On a Saturday, while we were in the Downs, I missed five sovereigns and some silver in this purse from under my bed-sacking in my hammock, in the forecastle—the prisoner was a seaman on board—he was in the forecastle at that time—I can swear this is my purse.
WILLIAM JUDGE . I am a Thames-police inspector—I took the prisoner and searched him—he pulled off his shoes, and there was nothing in them; but my attention was drawn to a little patch inside one of them; I took two sovereigns out of it—he said he picked a purse up on the forecastle, under the prosecutor's hammock, and he took two sovereigns out, and left the purse I took him down-stairs, and found 1s. 6d. in his cap—when I took him, the vessel was lying at the buoy off the London Dock.
Prisoner. He cannot find proof that I took this money from the hammock; I cannot be answerable for what was in my shoe while I was at work.
GUILTY .— Confined Four Months.
1858. ELIZABETH ENNEVER , stealing, in the dwelling-house of John Heppal, 3 memorandum-books, and other goods, value 1l. 8s., 15 sovereigns, 1 half-sovereign, 1 10l.-bank-note, and 1 5l.-bank-note; the property of Joseph Schollar.
MR. WOOLLETT conducted the Prosecution.
HANNAH SCHOLLAR . I am the wife of Joseph Schollar, we did live in Charles-street, Goswell-road. On 7th Oct. we were leaving, and I borrowed a carpet-bag of the prisoner—she brought it in, and I put in it a 10l.-note, a 5l.-note in a small Russian pocket-book, 16 sovereigns, three tea-spoons, and several other articles—the prisoner's husband was present when I placed them in the bag—this was about half-past six o'clock, or near seven in the evening—having placed them in the bag, I kept it in my possession till we left the house, and then I carried it to Frederick-street, Hampstead-road—I am sure that I had the bag under my eye all the time—my husband and his brother accompanied me—the prisoner was riding in the van, and we walked after it—the prisoner's husband and the carman were in the van—when we got there the prisoner was waiting at the bottom of Frederick-street—no one was with her—she told my husband she had been waiting for him, and asked him to treat her with a glass of brandy, which he did—she then went with me and my husband—when we got to the house I gave the carpet-bag to my husband's sister in the passage—she went up-stairs and placed it down by the side of the room, between the windows—the prisoner was there—I said, "It is safe," and the prisoner said, "Quite safe"—I then left the room, and left the prisoner and my sister-in-law in the room—when I returned, I met my sister-in-law within two stairs of the bottom—she had nothing in her hand—
I then went into the room, the prisoner was not there—I did not miss the carpet-bag then—a man who helped us to move, was up and down the stairs—after I returned to the room I never left it—I missed the bag in about twenty minutes or half an hour—the carman and the man who assisted him, had been in the room, but not near where the carpet-bag was—I was the first that discovered my loss, and I thought it very strange—I went directly to the prisoner's house; she was not at home, her husband was—it was twelve o'clock when I and my husband got there—we waited till one, when the prisoner returned—I asked her what she had done with the carpet-bag—she paused, and said she really did not know, she wanted to know what the d—I she had done with it—we then proceeded home—we left her in the street at the door of her own residence—her husband was present—I have not seen the bag since.
Cross-examined by MR. ROBINSON. Q. What time did you leave your house in Charles-street? A. About nine o'clock—that is perhaps two miles from Frederick-street—it was nearly half-past ten when we arrived in Frederick-street—we went straight there—we met the prisoner at the bottom of the street, and went to a public-house—we were five or six minutes in there—the prisoner had 3d. worth of brandy, and my husband and brother had some gin; I did not have any—we had been at the public-house where the van was waiting—that was before we met the prisoner at the corner of the street—we were in that house about ten minutes; we there had two pints of ale between six or seven of us—there was nothing else drank there—the prisoner was there, she had a drink of the ale, and some biscuits—I did not ride with her in the van—the carpet-bag was a large size—it was quite full—I was away from the room for three minutes: no one could have gone into the room without my seeing them—no one came out of the room—I did not see the prisoner come out of the room—I left her with my sister—she did not make any complaint in the house—in the street she said she had a pain in her stomach, and she asked my husband to treat her with brandy—when she left the room, she must have ascended the other flight of stairs—if she had come down I must have seen her—our room was on the first-floor.
COURT. Q. You left your room for about three minutes? A. Yes; at that time I left my sister-in-law and the prisoner in it—when I got back to the room I found no one in it—I then did not leave it for twenty minutes, or half an hour—no one came in but the carman and my husband's brother, who assisted him—they did not come in exactly together, they came in two or three times—they were in sight of each other.
ELIZABETH SCHOLLAR . I am the wife of the prosecutor's brother, and sister-in-law of the last witness. On 7th Oct. I helped to remove the goods from Charles-street to Frederick-street—I walked with the van—when we got to Frederick-street the prisoner gave me a bag—I took it up-stairs, and placed it between the two windows in the first-floor room—Mrs. Schollar and the prisoner were there—Mrs. Schollar went down—I remained a few minutes with the prisoner—I then went down to fetch other things, leaving the prisoner in the room—I met Mrs. Schollar on the stairs—when I returned to the room the prisoner was not there—I accompanied my sister-in-law to the prisoner's house, but the prisoner was not there—I did not stay till she returned—I believe the prisoner was quite sober when she came to Frederick-street.
Cross-examined. Q. Did you have anything to drink? A. Yes; in the house we had some gin—I do not know who produced it: there was gin brought forward: I did not see the prisoner have any—there were six or
seven persons helping to move—I believe they all had some gin, I had about half a glass.
THOMAS BYERS . I am a carman, and live in Carburton-street—I remember removing these goods from Charles-street to Frederick street—I did not see any carpet bag—the prisoner and her husband rode in the van—when we got to Frederick-street the prisoner was quite sober—I gave her a small box off the van to carry.
Cross-examined. Q. How much gin had you? A. One glass at the house—I had one draught of porter at the Coach and Horses—I did not go into any public-house after that—I should say it is a mile and a half from Charles-street to Frederick-street.
WILLIAM DOWDEN . I am in the employ of Mr. Marsh, a cheesemonger, at No. 10, Saul's-row, Hampstead-road. I was in Frederick-street on the evening of 7th Oct.—I came out of the stable and had a pint of beer in the public-house, about nine o'clock—at the time I was there, the prosecutor and the prisoner, and the brother came in there—I came out and said to the carman, "Do you want any help?"—he said, "No"—the prisoner came out of the public-house, and went up-stairs with a box or something—that might be about twenty minutes past nine—I never saw her any more till she came out of the house, and ran up the street with her hands before her—she seemed to have something that was bulky, but what it was I cannot say.
Cross-examined. Q. Who else came out of the public-house? A. Her husband was at the tail of the van, and Mr. Schollar was there—the prisoner had something bulky—I stood with my back against the van—I paid particular attention to her—when she was asked for I said, "She has gone up Frederick-street"—I am not now in Mr. Marsh's employ—I was employed last week at Mr. Devon's, to get up a sale—he paid me 3s. 6d. a day—I was with Mr. Slade, builder, for six years; I left about three months ago, they were slack of work, and my master's son-in-law married, and a person took my place—that was the only reason—I was employed as carman—I was Mr. Marsh's service on the 7th of Oct.
JEREMIAH LOCKERBY (policeman, S 180). I heard of this on 10th Oct.—I went to Charles-street, Goswell-road, and apprehended the prisoner's husband first—I then went and told the officer to take the prisoner—she was told she was charged with stealing these things—she made no reply—I asked her if she had any objection to telling me where she went to, on leaving Frederick-street—she said she had no recollection of being there—I said, "You were somewhere that night, have you any objection to tell me where it was?"—she said, "I found myself sitting on the step of a door at one o'clock in the morning"—I asked if she could tell me where that was"—she said she could not—I said, "You don't mean to say that you were drunk"—the said, "I am sorry to say I was."
(The prisoner received a good character.)
GUILTY.—Recommended to mercy by the Jury. — Confined Six Months.
MR. M. PRENDERGAST conducted the Prosecution.
ROBERT WILLIAM WRIGHT . On 18th Oct. I was at Guildhall for not supporting a child of which I had been adjudged the father—I saw the prisoner—he offered his services to me to take letters—he said he should require to be remunerated for his service—he said he should be happy to serve me—I gave him some letters which were for money—he came back and brought no money—I then sent him for four coats to No. 25, Bedford-street—he did not return—I saw nothing of him for a week or eight days—I then saw him
on Holborn-hill—he said he was very glad to see me—I detained him, and gave him in charge—he said he had pawned the coats at Mr. Fleming's, and he should have brought me the money, but he met a creditor who told him unless he paid him immediately he should take him to Whitecross-street—I went to Mr. Fleming's—I did not find any of the coats—they were worth 5l.—the prisoner said he got 27s. for them—I had directed him to pawn them.
Cross-examined by MR. RIBTON. Q. The prisoner offered you his services on this particular occasion? A. Yes; I cannot recollect who the first letter that I gave him was for—I sent another letter to Mr. Davis—he came back and said that neither of those letters got any money—then, on the morning following, I gave him a third letter to get the coats and pawn them—when I met him he told me he had pawned them, and the sum he pawned them for.
GEORGE DAYCOCK LE VILLAIN . I am in the employ of Mr. Fleming, a pawnbroker, in Farringdon-street. An inquiry was made at our shop about four coats, said to have been pawned on the 18th of Sept.—we have examined our stock and cannot find them.
GEORGE HURST (police-sergeant, F 6). The prisoner was given into my charge on 30th Sept.—in going from the station to the Court, he said, "I don't see what they can do with me, I have not seen the coats"—I went to Bedford-row—the prosecutor gave me a letter there which he wrote and gave to the prisoner to get the coats—the prisoner refused to give any name or address.
NOT GUILTY .
MR. HUDDLESTON conducted the Prosecution.
WILLIAM HUMPHERY SMITH . I am a timber-merchant, in Phoenix-street, Spitalfields. The prisoner was in my service to sell timber to any one, to take the money, enter it in this book, and leave the money on the desk till I took it of him—he was to enter all the items in this book—I find here, in the prisoner's handwriting on 15th Oct., "One leaf of batten, 1s."—the same evening he said he had sold it to a man in a velveteen coat, whom I knew to be Mr. Ellerston—he has never accounted to me for more than 1s. there.
Cross-examined by MR. ROBINSON. Q. He did not make all these entries? A. No; the greater part are his—I have no partner—the prisoner has been about six years in my service, as sawyer and foreman—here are fifty or sixty entries on this day—it was his duty to enter the amount at the time he received it.
Cross-examined. Q. Was it one piece you had, or different pieces? A. Three pieces: two 12ft. boards, and one 6ft. batten.
NOT GUILTY .
MR. HUDDDESTON conducted the Prosecution.
WILLIAM HUMPHERY SMITH . The prisoner was my foreman up to the 16th Oct.—it was his duty to sell timber, and to enter the sale in this book, and to put the money on the desk, and to account to me for the money he had received—I compared the money with the entries and it corresponded with them—in this book here is an entry of some 3/4 Honduras, 2s. 9d.—I did not receive any more than 2s. 9d. for it—here are four entries to Mr. Benjamin, amounting altogether to 11s. 7d.—I did not receive any more than 11s. 7d.—I know these four entries apply to goods purchased by Mr. Benjamin, the
prisoner told me so—he was in the yard when I went out, and I saw the prisoner rubbing on a piece of wood—I asked what he was doing—he said, "It is only Benjamin's entry"—I said, "Are these his entries?"—he said, "Yes"—on the next day here is an entry of 10s.—I did not receive more than that 10s.—these three entries are the prisoner's writing.
Cross-examined by MR. ROBINSON. Q. Show me the entries. A. These are them—here is "5 1/2 of 3/4 Honduras, 2s. 9d."—that is the price he ought to have sold them at—the entry is right according to this—in the other entry here is "24ft. of 1/4ash, 3s. 6d.;" "20ft. of 1/2 ash, 3s. 4d.," and two other entries, making in all 11s. 7d., that is the right price for them—his wages were 12s. a week; I know many yards pay less—here is the book in which the prices of these things are entered—I gave him this book, they were to be sold at these prices—I recollect receiving the last of these amounts, which is Mr. Benjamin's—I received that alone in the evening—all that appears to Mr. Coffin's is 10s.
Cross-examined. Q. When were you first spoken to about this? A. On the same morning, the 16th Oct.—I recollect I paid the prisoner this money in silver—I bought a board and a plank—I do not know whether one was 15ft., I did not measure it—it was used for a table—I cannot say what length it was—I have been five or six years in the business since I was out of my time—I am in the habit of buying wood nearly every morning.
DAVID BENJAMIN . I live at 47, Duke-street, Aldgate, I have been in the habit of purchasing wood at Mr. Smith's—on the 15th Oct. I purchased some which came to 12s. 10d.—it consisted of cedar ends, some deal, and some ash—I paid 12s. 10d.
Cross-examined. Q. When was your attention called to it? A. The next morning—I do not know exactly the amount, whether it was 24ft. or 26ft. of 1/4ash—I did not measure it myself—I think it was 24ft. solid, and 26ft super measure—I think one piece was 4ft. end—I have been in business ten years—I often buy things.
ROBERT WILLIAM ALDRIDGE . I am a cabinet-maker. On 15th Oct. I purchased at Mr. Smith's, at a few minutes past seven o'clock in the morning, a log, which came to 3s., and a piece of mahogany, which came to 2s. 9d.—I paid the prisoner 5s. 9d.
Cross-examined. Q. How long have you been in business? A. Nearly twenty years—I do not know that I understand it, but merely to get my living.
THOMAS WEAKFORD (police-sergeant, H 5). I took the prisoner on this charge—I told him he was charged with embezzling 5s. 5d. which he had received for his master—he said he was very sorry that he had done it, but he should make it up; that was with regard to Mr. Coffin—I took him to the station, and found 6s. on him.
MR. ROBINSON to GEORGE COFFIN. Q. Did you purchase fifteen feet of Honduras? A. I do not know—I bought aboard; the measure I do not know, it was fifteen feet or more; I do not know how much more—I bought a piece of two and a half inch Honduras.
MR. HUDDLESTON. Q. Whatever you bought, who told you the price? A. The prisoner—I paid him 15s. 6d. for the two pieces of wood I bought—I think one was more than fifteen feet, and the other was two feet and a half instead of two feet and a quarter.
GUILTY . Aged 46.— Confined Four Months.
MR. KENEALY conducted the Prosecution.
JOHN BROOMFIELD . I live in Northampton-row, Clerkenwell, and am a gold-beater. On Saturday evening, 19th Oct., I was out between eight and nine o'clock in the evening—I met the prisoner Croughan by the House of Correction wall—we had something to drink on the opposite side of the way—I took her to two public-houses—I had a silver watch in my right-hand waistcoat pocket, a chain, and a gold seal, a gold-book in my pocket, and a shilling—we went to Snow-hill; I saw Hart there—we had a pot of beer between me, Hart, Croughan, and another young woman—I left the house with Croughan, and a woman followed us, who I believe was Hart—I went to an alley in Field-lane, and went up-stairs into a room with Croughan—I had not been in the room many minutes before some one said, "Down;" the candle was put out, and I was seized round the throat by a man, as I suppose, from the force I was held by—Croughan, Hart, and another woman were in the room—I fell on the floor, and felt my watch going, but I was choked and could not speak—the person who kept me down, released my throat—I was in the dark—I scrambled down into the back-yard—I found a bit of a shutter, and hammered away at it—some man inside said, "What are you making that noise for?"—he opened his door and let me into a yard, the end of which was Field-lane—I placed my back against a shop and said, "I have been robbed of my watch"—I searched my pocket, and my piece of gold-book, watch, chain, seal, key, and shilling were gone—I shortly afterwards saw a policeman—I described Croughan to him, and he went and fetched her—I identified her, and I went home—between two and three o'clock the policeman knocked me up and brought Hart—I identified her, and went to the station and gave her in charge.
COURT. Q. Had you been drinking before you saw them? A. A little—I then went home to my wife, and gave her my wages—I then went out to go to my club, and met the prisoners—I was not sober when I went to the house in Field-lane, I was about half-and-half—I felt my watch safe up in the room.
Croughan. Q. You told me you had one shilling, and you called for half a quartern of gin, and put down a shilling? A. It is very likely, but I don't know that I did—I went to my club, and then came back, met you again, and went to this house—I did not give you any gold-leaf—I am very much mistaken if I did not see Hart—I should not like to say I am quite sure of her—you did not go home and leave the other young woman with me.
MR. KENEALY. Q. How long were you drinking with Hart in the second house? A. Perhaps five minutes—there were three girls and myself—during that time I looked at Hart—it was not from my description of her that the officer brought her to me.
JOHN THORNTON (policeman, G 174). On Saturday week, about twelve o'clock at night, I saw Broomfield in Field-lane, and from what he told me I went in pursuit of Croughan—I met her about half-past twelve—I told her I wanted her on suspicion of robbing a man of his watch—I described the man to her—she said she had been with the man, but knew nothing about his watch—I took her to the station—she was searched, and on her was found this little book—I took Hart at two in the morning—Broomfield described her to me, and showed me the front room first-floor—I have known Hart to live there for the last nine months—I said I wanted her, on suspicion of
being concerned with others in robbing a man of his watch—she said she had been drinking with the man, but had not seen him since half-past eleven o'clock—she said she had had part of a pot of beer at a public-home on Snow-hill with him—I took her to Broughton, and he identified her.
JOHN BROOMFIELD . I had a book similar to this in my pocket—I am positive I did nut give her this book—I did not show the officer the room in which the robbery took place, I did not know the room—I believe it was the back room, but I was strangled—it was in the same room that I was in that this took place—I am sure that was the house.
Witnesses for the Defence.
EMMA DAY . I am a widow, and go out charing. I have known Hart about eighteen months, she is an honest girl—she brings washing to me—I don't know how she gets her living—on the night of the robbery she was with me from eleven till one o'clock—I had some washing to get up.
MR. KENEALY. Q. Was anybody else there? A. No; I was alone, and was washing—she came to my house about eleven o'clock.
JAMES TURNER . I am a plasterer, and live at 2, Union-court, Holborn-hill—I have known Hart about two years, she is unfortunate—about twelve o'clock, on Saturday night, the 19th Oct., I left the Union public-house, and went home to my mother—I got some supper, and instead of eating it at home, I put it in my pocket and came out to Hart's—I met her and told her to come with me, and we were at No. 11—the back-door of the next house was broken off its hinges, I asked her how it was; she said she did not know.
MR. KENEALY. Q. She has been living with you two years? A. No, not living with me—I have given her 5s. or 6s. a week—I get my living as a plasterer—Hart never gives me any money, nor any other woman—I give many shillings—I did not happen to be in the room when the prosecutor was assaulted—I have seen Croughan before.
CROUGHAN— GUILTY .
HART— GUILTY .
Transported for Seven Years.
THIRD COURT.—Monday, October 28th, 1850.
PRESENT—Mr. Ald. WILLIAM HUNTER; Mr. Ald. CHALLIS; and RUSSELL
Before Russell Gurney, Esq. and the Seventh Jury.
MR. THOMPSON conducted the Prosecution.
SUSANNAH WOODS . I am in the service of the Misses Ridsdale, of 38, Adelaide-road, St. John's-wood. On Tuesday morning, 8th Oct., I went into the drawing-room about nine o'clock, and saw this clock (produced) safe on the centre of the chimney-piece—about a quarter to eleven I observed some persons, of whom the prisoner is one, near the house—my attention was attracted to the prisoner by his looking at the house, but I was not aware the drawing-room window was open—it is a French window, and any one could
get in by getting over the pallisades in front—I watched them—they walked slowly up the road.
WILLIAM WALTERS . I am a painter of 16, Upper Charlton-street, Fitzroy-square. On 8th Oct., about twelve o'clock, I want by the side of the canal by Macclesfield-bridge, with my father-in-law, John Bower, who gave me some information—I went across the bridge, and found this time-piece under a hedge in the descent to the canal, covered with dry leaves—I gave information to the police, and met the prisoner about a hundred yards from the spot—he had a cap on very much resembling this (produced)—he did not seem to take any notice of me—I afterwards returned to the spot with a policeman, and found the clock gone—the prisoner was afterwards brought to my house, and I identified him.
JOHN BOWER . I live at 28, Norfolk-street, Middlesex Hospital, and am a carpet-planner. On 8th Oct., about twelve o'clock—I was with Walters on the tow-path of the canal between Macclesfield-road and the Gutter-bridge, angling—I heard a rustling of leaves for two or three minutes—I looked about, and could see no one—at last I saw the prisoner rise up from the hedge—he stood, looked about, and walked up the embankment into the Park—he was alone—I then saw a great bundle of leaves piled up near the hedge, Walters went towards the spot—I remained where I was, and afterwards saw the prisoner and another person come down—the prisoner had a hamper on his shoulder—they came down half-way, and when they saw me they made a stand, and sat down—they brought the hamper, and were about to take the clock, and I said, "You gentlemen, be careful what you are doing; I saw the taller one place the time-piece there"—I had not seen it, but was aware of it from Walters—they turned back again, and in two or three minutes the one not in custody came down in the embankment, looked at me, and said, "What did you say?"—I said he was quite aware of what I had said—he walked down, took the clock, and went away with it—he had not the hamper then—the prisoner was not in sight at that time, he was up the embankment—I next saw them turn the corner of the Alpha-road, walking as fast as they could together—the prisoner had the clock in the hamper on his shoulder—I got close to them, and was just going to get hold of them, when the other man turned and saw me—they put the hamper down in the street, and both ran away—the prisoner had on a dark cap similar to this one—I got the clock, and gave it to a policeman.
JOHN DAFTER (policeman, A 346). From information, I went to the prisoner's house, 41, Nightingale-street, Lisson-grove, on Saturday morning, 12th, about a quarter before six o'clock, and found him in bed—I said, "Tom, I want you on suspicion of stealing a dock in St. John's-wood"—he said, "Very well, I will go with you"—after he was dressed, he put on his hat—this cap was lying in the room, and I said, "Whose cap is that?"—he said, "It is not mine"—I said, "I shall take it away"—he said, "Mind, it is not mine."
MARGARET MARY RIDSDALE . I live with my sister, Elizabeth Ridsdale, at 38, Adelaide-road; it is our dwelling-house—this time-piece was given in our charge by Janet Featherstone, a lady who was uncertain where she lived.
Prisoner's Defence. I was not there that day, and never saw the timepiece till I was in custody.
GUILTY .** Aged 20.— Transported for Seven Years.
OLD COURT.—Tuesday, October 29th, 1850.
PRESENT—Mr. Ald. WILLIAM HUNTER; Mr. Ald. CHALLIS; and Mr.
Before Mr. Common Serjeant, and the First Jury.
MR. O'BRIEN conducted the Prosecution.
ROBERT PACKSMAN . I am in the service of Mr. John Spooner, a coachmaker, of 4, Cannon-place, Whitechapel. On 18th Oct. the boy Fox was in our service—I left the premises that day about half-past four o'clock to go to tea, and when I returned at five Fox was gone, and I missed this axletree—cap and two nuts (produced)—I sent two men after Fox, he was brought back, and in consequence of what he told me I went to the prisoner's house—he keeps a marine-store shop—I asked whether he had bought any brass—he said he had—I asked him to let me look at it, and be gave them to me from off a box by the side of the counter—I asked what he had paid for them—he said 4d.—I said, "I will give you the 4d."—he said, "No; you have lost enough already, I will be at the loss of them"—these things would not be of any use to any one without the axletree—they are worth 4d. or 5d. a pound as old brass—if we had got to replace them they would cost 11s. 6d.—all of them have been used—they are Mr. Spooner's property.
Cross-examined by MR. BALLANTINE. Q. I believe Fox bad only been a few hours in your employ? A. No; he only came about ten or eleven o'clock—the prisoner was very well acquainted with my master, but Fox would be unknown to him—my master has known the prisoner these twenty years, and considers him a perfectly honest man—this cap is broken, that would destroy its value—I went with Fox to the prisoner, and I asked how he came to bring them there, and asked the prisoner what he had said when he came—he said, "He told me his father had sent him, and he lived in Northampton-street, and that his father was very ill, and wanted the money immediately"—Fox admitted that—the prisoner then turned round to him, and said, "You young vagabond, how dared you tell me this?"
JOSEPH FOX . I went to work at Mr. Spooner's on 18th Oct.—I left between four and five o'clock—I took with me this brass cap and two brass nuts, and went and sold them to the prisoner—I had gone to two marine-store dealers before I went to him, but did not sell them there—when I went to the prisoner I put them in the scale, his wife was there, and he fetched her out—he asked me who sent them, and I said my father—that was what he said to me—nothing else passed—he looked at them, and gave me a fourpenny bit for them—they were in the same state they are now.
Cross-examined. Q. But they were not in that state when you stole them, were they? A. No; they were complete then—I tried to sell them at two places in that state, but they would not buy them, and I then broke them up and took them to the prisoner—I thought he would not buy them if I did not break them—I spent the 4d.; I forget what I bought with it.
NOT GUILTY .
MR. PLATT conducted the Prosecution.
ELIZABETH ISAACS . I live at 21, Hatfield-street, St. Lute's. I am the wife of Michael Isaacs—he has five names—I do not live with him—we have been parted nearly three years and a half—I live with Charles Reed—on Wednesday evening, 23rd Oct., a little before ten o'clock, I went out with a half-sovereign in my left-hand, sent by Reed for half an ounce of tobacco—I met the prisoner and several of her companions in Goswell-street—the prisoner said, "Here is the Jewess" meaning me, and she caught hold of me and gave me several blows in the face—I made an effort, got away from her, and went back home—the street-door opens with a string—there are many lodgers in the house besides ourselves—I pulled the street-door open, and not finding Charles at home, I returned back to look for him, when I was attacked at the bottom of Hatfield-street by the prisoner and another, held up against the wall, and the half-sovereign forced out of my hand by the prisoner, who made my hand black and blue—there were several round, and one who assisted her is outside now—I went into Goswell-street to look for a policeman, but could not find one, and went to Featherstone-street station—as I was going, I again met the prisoner, and several of her mob—she said, "Here is the lagger," and called me a horrid name, and gave me several kicks in the lower part of my body, and said before I should serve her as I had others she would gouge my eye out with her thumb nail—she put her thumb nail in this eye, but fortunately it did not go into it, it did not hurt me much—I fomented it and it got better—I was very much injured at the lower part of my body, but my face has healed—a few weeks before this occurred I had been a witness against some companions of the prisoner's for hocussing and robbing a sailor, and that is why they are so inveterate against me—I and Charles Reed could scarcely move outside the house for them—the prisoner has often threatened me about it.
Cross-examined by MR. PAYNE. Q. How much does half-an-ounce of tobacco come to? A. About seven farthings—I took the half-sovereign to get it with because I had no other change—Reed is a professional—he plays at different concert-rooms where he is engaged—I do not know whether he blacks his face or plays the banjo; you had better ask him—he was a cigarmaker five years ago—I have known him altogether eighteen months, three months constant—when I told him I had charged the prisoner with stealing a half-sovereign, he did not say, "What half-sovereign?"—nor did I reply, "I was determined to have my revenge one way or the other"—I did not strike the prisoner in the face, or use any bad language to her—I did not say, "I mean to transport you, and several others that walk Goswell-street"—they said I intended to do so—I have not been out for three months—I have worked hard at umbrella-making.
JANE BODLEY . I am the wife of George Bodley, of Reeve's-place, Helmet-row, St. Luke's. On the Wednesday night, a little after ten o'clock, I was in Featherstone-street, and heard screams, and saw the prisoner and some others round the prosecutrix—I saw the prisoner give her two blows—it was all the work of a moment—the other parties ran away almost instantly—before I came up I heard words similar to "I will give it you;" or, "I will do for you"—I cannot say who said it—Mrs. Isaacs asked me to go with her to the station, which I did.
Cross-examined. Q. Do you know Mrs. Isaacs? A. No, I never saw her before.
never about the streets—on 23rd Oct., about half-past nine at night, I gave Isaacs a half-sovereign to go and get me half an ounce of tobacco—she had no black eye when she went out, and she was quite well—when she came back she had a black eye, and was severely injured.
Cross-examined. Q. Where do you play and sing? A. At St. George's Harmony-club, near the Elephant and Castle, and other concert-rooms—they are at public-houses—when I saw Isaacs I asked her what was the matter, and she said she had been robbed and severely injured—she did not say, "I have given mother Williams in charge for robbing me of a half-sovereign"—I did not say, "What half-sovereign?" nor did she say, "I was determined to have my revenge one way or the other."
GUILTY .— Confined Twelve Months.
THIRD COURT.—Tuesday, October 29th, 1850.
PRESENT—Mr. Ald. WILLIAM HUNTER; and RUSSELL GURNEY, asq.
Before Russell Gurney, Esq. and the Seventh Jury.
NOT GUILTY .
MR. COCKLE conducted the Prosecution.
WILLIAM WARNE . I am a builder, and live in Belvidere-place. I have a certain property in the parish of Marylebone, which I hold of Mrs. Hume, of Notting-hill—there were arrears of ground-rent due at Michaelmas for the two houses—at the latter end of Aug. I had a communication from my brother, John Warne; in consequence of which I authorized him to pay the arrears of ground-rent—I do not know either of the defendants.
JOHN WARNE . I am a cheesemonger, in Earl-street, Seven-dials, On 5th Sept. the prisoner Westbrook came to me—he said he had a warrant, signed by Mr. Savage, and he had ascertained from Mr. Savage that Mr. Shepherd was no longer Mrs. Hume's collector, and he was appointed collector—he produced a warrant—this was about eight o'clock on Friday evening; and he said, unless the rent was paid before nine o'clock next morning he should put the warrant in force—he said he had been to Mr. Watts, the tenant, and he had referred him to me—I made an appointment to meet him at his house next morning, at nine o'clock; which I did, and I handed him 9l.—I stated that I thought there was some error in it, and that that was not the amount of money that was due—I paid him that 9l. on my brother's account—I had his authority to pay it—I stated that we had always been in the habit of paying Mr. Shepherd—he said he had ascertained that Mr. Shepherd was the, collector at one time, but Mr. Savage had been appointed agent—he gave me this receipt—when I said I did not think so much was due, he said, "You had better pay the money under a protest"—I said I was authorized to pay the money if I got a receipt; that was all that I required—I did not know the meaning of a protest—after I had paid the money, Mr. Savage called out me, and wished me to go with him over to Westbrook's—
as that Saturday was a busy day, I made an appointment to meet him on the Monday, to call on Westbrook—I met him, and we went—Mr. Savage demanded the money back from Westbrook—Westbrook said he should not hand the money to any one, till he saw Mr. Shepherd—I gave him Mr. Shepherd's address, and asked if he would write to him—he said if Mr. Shepherd called on him, and he was satisfied, he would hand the money over to him—after that Westbrook and I called on Mr. Shepherd, and saw him—he said it was a most singular affair, and it put him in mind of an occurrence that took place some time back, where the parties were had up for a conspiracy—Westbrook stated this could not be a conspiracy, for there were only two of them—Mr. Shepherd satisfied Westbrook that he was still Mrs. Hume's agent, and he wished for both of us to go to Mrs. Hume's and see her—we called at her house, and the thing was explained—she said she gave no one any authority to sign a warrant, or to call for any ground-rent, and she knew nothing of Mr. Savage—I showed the receipt to Mrs. Hume—on the day we apprehended Westbrook, Savage went with me, and he said, "Leave Westbrook to me; I know how to manage him."
Cross-examined by MR. METCALFE. Q. When did you first see Savage after you had paid the money to Westbrook? A. On the Saturday—he asked me if I had paid the money: I said I had; and he wished me to go over with him to Westbrook to receive the money back—I did not ask him on that occasion anything about the warrant, or who authorised him to sign it; I did afterwards—I cannot say what answer he gave me on that occasion, but at the police-court he said he should not state that then—he did not admit giving the warrant to Westbrook—I went with Westbrook to Mrs. Hume's—he showed her the warrant—she said she had not authorised any one to act as her agent—I do not think Westbrook showed the warrant to Mr. Shepherd—Westbrook was not asked by Mr. Shepherd whether he was employed by Captain Ross, the ground landlord—he stated that Captain Ross had something to do with the ground-rent—Westbrook made no objection to go to Mr. Shepherd and Mrs. Hume's—he stated he would not return the money till he saw Mrs. Hume—I afterwards called with Mr. Savage on Westbrook—he did not say that the money was ready, and he would give it up if he were indemnified by Mr. Savage and the others—I said, "I think you are bound to hand over this money to me; I ought not to have paid it you; if you are satisfied with Mrs. Hume you would hand the money over to me"—he said, "I don't think there is much money coming to you; I shall charge you 13s. 8d. for this interview, and 13s. 8d. for every interview I have had with you, and I don't think there will be much money coming to you after that"—he said that in the presence of Mr. Savage—I do not think Mr. Savage spoke on that occasion.
MR. COCKLE. Q. Though they said the money was ready, have they paid any? A. No—Receipt read—"Sept. the 6th, 1850, received of Mr. Warne, 9l., under protest, for ground-rent.—RICHARD SAVAGE."
Savage. Q. Was it on the 6th that you paid the money? A. Yes; you called on me the same day that I paid it—you came again on Sunday morning, and I made an appointment with you for the Monday—you stated that you wished me to receive the money back.
FREDERICK ROBERT SHEPHERD . I am agent and rent collector to Mrs. Hume for two houses in Marylebone, of which Warne is tenant—Savage has no authority to collect—I know there was some ground-rent due up to Michaelmas—I have not made any application for it since Michaelmas—I had not made any application at the end of Aug., or the beginning of Sept.—I
had not authorised anybody so to do, or to distrain—I had not signed any distress warrant—I remember John Warne coming to me with Westbrook—he came to know if I had seen Mrs. Hume: I told him I had not, and she had authorised no one to receive this ground-rent—I said it could not be in any other way, unless Captain Ross had sold the ground-rent; and if so, some person would have applied to me—I asked Westbrook who he was employed by, and he said by Mr. Savage—I then suggested that they should go to Mrs. Hume to satisfy themselves that I was still agent—I asked Westbrook if Mr. Savage was a stranger to him; he said, "No, I had some business with him about ten months since, somewhere in the City, and things were all right then"—I remarked that the case appeared very much like ont that I heard of some years back, where the parties were taken up for conspiracy—he said, "It can't be so in this case, there are only two of us"—I never got any money.
Cross-examined. Q. Was the warrant shown to you? A. No; Westbrook did not ask me whether Savage had authority—I did not ask him if he was employed by Captain Ross—I said they could not be employed in any other way, unless Captain Ross had sold his ground-rent—Westbrook said, "That is not the case, I am employed by Savage."
JAMES BURROWS (policeman, N 392). I took Westbrook on this charge, it No. 5, Ashley-terrace, City-road—the prosecutor was present—I told Westbrook what he was charged with—he said, "You can't do it"—I got this warrant from him.
Cross-examined. Q. Do you know what Westbrook is? A. No; "Dudley and Co.," is on a board over the railing of the house.
Savage. Warne stated that I demanded the money—I wish to ask whether he did not demand it?
JOHN WARNE re-examined. The money was paid on Saturday—on Monday Savage called; I went with him to Westbrook—he wished me to demand the money—I do not know whether this is the warrant, he showed me a paper—I did not take particular notice of it, thinking everything was right.
The warrant was here read, authorising Dudley and Co. to seize and distrain the goods at No. 20, Salisbury-street, Lisson-grove, for the sum of 9l., being arrears of ground-rent, and agreeing to allow them five per cent. on the amount. (Signed) RICHARD SAVAGE, agent to Mrs. Hume.
SARAH ANN HUME . John Warne is tenant to me for two houses in Marylebone—I never authorised either of the prisoners to distrain on him, or to receive rents for me—I do not know Dudley and Co.; I never gave them authority to receive ground-rents—I remember Mr. Warne calling on me with Westbrook—I did not authorise Westbrook to receive a commission.
Cross-examined. Q. Did Westbrook wish to retain his expenses? A. He said he must be paid—I do not recollect that he offered to give up the money—he wished to be paid for what he had done—I am quite sure that I did not tell him he might retain his expenses.
—WATTS. I do not know Westbrook—I never saw him—I never told him to go to Mr. Warne and demand this rent, and to threaten to distrain—I know Mrs. Hume; I am tenant to Mr. Warne for the house mentioned in this warrant.
CORNELIUS FOAY (police-sergeant,. N) I took Savage—Mr. Warne made the charge; I said to Savage, "You hear what this gentleman says"—Savage said, "Yes, that is right, I will clear it in the morning; I was drunk, and the warrant was brought to me to sign; I have received no portion of the money"—he did not say who brought him the warrant to sign.
---- HEARN. I am a housekeeper. Westbrook lodged with me—Savage
came to see him; I have seen them go out together—I do not remember seeing a person named Dudley.
Cross-examined. Q. Is yours the house where Dudley and Co. is over the door? A. No: Westbrook came to lodge with me in March, and left in Aug.
MR.—. I do not know the handwriting of the name of Savage in this warrant—the signature "Westbrook" to it is, in my opinion, Westbrook's writing, and the filling-in also—I do not know a person named Dudley.
Westbrook's Defence. When he came and gave me the warrant I told him if there was likely to be any dispute, I would rather have nothing to do with it; and when I found there was another agent who had been previously engaged, I said I would only take it under protest, and he paid it under protest; he left it with me; I did not ask him for it, I did not want to have anything to do with it; I had four or five different applications; I said I had received it under protest, I could not part with it; I told Mr. Shepherd, and he said in case anything came to him in the same way, he should have done as I had.
COURT to JOHN WARNE. Q. When you went and paid him the money, did he say he did not wish to receive it? A. No; I said it was an unjust demand, and he said, "Pay it under protest."
COURT to MR. SHEPHERD. Q. Did you tell him that if money were paid to you under such circumstances, you would have done the same as he did? A. No.
SAVAGE— NOT GUILTY .
WESTBROOK— GUILTY . Aged 44.— Confined Nine Months.
Before Mr. Common Serjeant.
MR. HUDDLESTON conducted the Prosecution.
JOSEPH HOLDEN (policeman, K 427). On 17th Oct. I stopped the prisoner at Bow—he said, "Oh my God! I have done wrong, and I have that about me which is wrong"—I found seven handkerchiefs under his shirt next his skin, one in each of his trowsers pocket, and one in his jacket pocket—he said first of all that two men laid them down along side the railway, that he went there and was going to take them to them, and they came out of the timber yard and gave him a shilling to put them about him to take them to the Blind Beggars, public-house.
JAMES KAYESS . I am in the service of Mr. Tucker, a silk handkerchief maker, these handkerchiefs are his property, and in an unfinished state—they are not in a state in which they are sold—there are three of one pattern, three of another, and four of another, completely new, and from a new block from which no handkerchiefs have been finished—these four had been struck off on the Monday before—we missed them from the dying-room, which is an open room—the prisoner was in our employ some years, and was dismissed a fortnight or three weeks before—he had no business near the premises.
Cross-examined by MR. BALLANTINE. Q. Where were the handkerchiefs kept? A. In a large open building; a person could get to the building, from the road across a field—there was no one inside to hand them out—the robbery occurred between a quarter-past six and seven o'clock—I had not seen them
safe at all—Kitchen had charge of them—he is not here—he left the premises that evening about eight o'clock—he would know how many were hanging up there, and how many were missing—they would be counted the next morning by a person employed for that purpose—he would be able to tell how many there ought to have been—they were counted in the evening, and some missed I was told—I have examined these four myself, and ascertained they came from that particular block—other people make handkerchiefs of this kind, but not this pattern.
MR. HUDDLESTON. Q. Do you ever sell or allow them to go from the warehouse in that state? A. No.
JOHN PRADD . I am a silk printer. On Wednesday 16th Oct. between five and ten minutes past six, I met the prisoner about twenty-four or twenty-five yards from the gate leading into the field, where the building is which the handkerchiefs were taken from—he stepped on one side apparently to avoid me, which made me look round.
GUILTY . Aged 18.— Confined Six Months.
It being proved that the stolen property was commonly known by the name of "brass bearings," the prisoner was
(There was another indictment against the prisoner, upon which, at there was the same defect, no evidence was offered.)
WILLIAM HUBBARD . I am in the service of Captain Thomas Heaviside, of Walthamstow. I missed a copper about a fortnight before we went before the Magistrate—I had seen it safe in a lime shed, two days before—I afterwards saw it at the station.
Cross-examined by MR. PARRY. Q. I think the prisoner has been in the service of Captain Heaviside for nine or ten years? A. Yes; he lives in a cottage of his—the prisoner's wife has a boiler, and she told me that it ironmoulded her clothes, and she wanted a copper—this copper was an old one—it was not fixed, it stood about—I think the prisoner might take it without doing any harm, and get another instead of it—the Captain sent the prisoner to school when he was twenty-five years old.
PATRICK WHITSTON (policeman, N 129). I was in a grocer's shop at Stratford on 10th Oct., and saw the prisoner in a marine-store shop with this copper just by him—I went in and saw the woman pay him 10s. for it—I asked the prisoner how he came by it—he said he bought it at a marine-store shop in Whitechapel—I asked where he lived—he said, "At Layton"—he gave such a very unsatisfactory account that I took him into custody—he told me next morning, when at the Court, that he took the copper, and he was very sorry for it, and he meant to sell it and buy a smaller one—he said he meant to tell Captain Heaviside of it when he got the copper fixed.
CAPTAIN THOMAS HEAVISIDE . The prisoner has been in my service five or six years—I should have expected him to have asked me before he took this copper away to put another in its room—the copper belonged to me, and was on my premises.
NOT GUILTY .
THOMAS MORGAN . On 16th Oct. I was going to milk my master's cows and I heard a noise amongst the bushes on Epping Forest—I went to the place, and saw three geese come out of the bushes, and just afterwards Holiday came out with a stick in his hand—he knocked one goose down, and Forress came out and picked it up—I afterwards saw them, as I thought, gutting it—I saw a basket in the bushes, and Forress put the goose into the basket—one of them said, "We must soon get out of this"—they then got up, and Forress carried the basket—I went up and asked if they saw any cows about—Holliday said, "Yes; on the other side"—I gave them in custody—I saw the goose, it was gutted.
JAMES RICHARDS (policeman, K 262). I took the two prisoners in custody—Holliday said, "What is the matter"—I received a goose in a basket from Morgan—I showed it to Mrs. Lambell, and she knew it—I have the feet of it here.
Forress. We went to take a walk, and found the goose.
HOLLIDAY— GUILTY . Aged 18.
FORRESS— GUILTY . Aged 28.
Confined Six Months.
Before Russell Gurney, Esq.
MR. BIRNIE conducted the Prosecution.
GEORGE BROWN (policeman, K 104.) On 23rd Sept. I took the prisoner on another charge—I found on him this pair of trowsers—he said they were his own—I had seen them before in Mr. Giles' shop, a tailor, at Stratford—I took them there, and Mr. Giles identified them as belonging to Mr. Barsham—I went to Mr. Barsham the next morning, and he identified them.
Cross-examined by MR. BALLANTINE. Q. What did you take the prisoner for? A. Embezzlement—a lad charged him with it, but his evidence did not agree with what he had said before, and the prisoner was acquitted.
ALBERT GEORGE BARSHAM . I am clerk to my father, residing at Stratford—these trowsers are mine—I missed them on the 23rd Sept.—I saw them in my father's counting-house on Sunday the 21st—the prisoner worked for my father, and had access to the counting-house.
Cross-examined. Q. What is your father? A. An emery merchant—I have worn these trowsers, but I should not have worn them again unless I had got wet.
(The prisoner received a good character.) GUILTY. Aged 26.—Recommended
to mercy by the Jury.— Confined Two Months.
WILLIAM CROOKS . I am a labourer. In June last I was employed by Mr. Barclay, at Walthamstow, to cut grass—I left my jacket at the bottom of the field, I went to the place in about an hour afterwards and it was gone—the prisoner was at work in an adjoining field—there was a hedge between that field and the field where the jacket was—this is it (produced.)
DAVID FLOWERS (policeman, K 363.) I received information from Crooks, and endeavoured to trace the jacket—on 8th Oct. I saw the prisoner with it on—I asked how he came by it, he said he bought it of a man just below Stratford-gate, and gave 3s. 6d. for it—he could not tell to a week or two when he bought it.
Prisoner's Defence. I met three men, who looked like railway-men, near Stratford-gate, who asked me to buy this jacket, which I did, for 3s. 6d.
NOT GUILTY .
DAVID GYNN . I live at West Ham. On the evening of 21st Oct. I saw Smith and Taylor at my shop, purchasing something of my wife—they then went out as fast as they could, and I saw which way they went—my wife told me something, in consequence of which I pursued them, and found them at a public-house close by, and Bennett with them—Bennett was eating a knuckle of ham, which smelt very fresh, and was hardly cold.
ANN GYNN . On the evening of 21st Oct. the three prisoners came to our shop together, Bennett went away first, while I was serving the others, and I missed a knuckle of ham directly—it was dressed, and weighed about a pound and a half—it had been dressed four hours, and was very nearly cold—the other boys bought bread and cheese.
THOMAS FORRESTER (policeman, K 229.) I took the three prisoners at the King's Head—Bennett said he had eaten the ham himself, and had brought it from St. Alban's—the others said they eat bread and cheese.
SMITH and TAYLOR.— NOT GUILTY .
BENNETT— GUILTY — Confined One Month.
Before Mr. Justice Erle.
NOT GUILTY .
GUILTY. Aged 22.—Recommended to mercy on account of his youth. —
Transported for Fifteen Years.
Before Mr. Recorder.
GUILTY . Aged 16.— Confined Six Months.
GUILTY . Aged 29.— Confined Three Months.
Before the Lord Chief Baron Pollock.
NOT GUILTY .
Before Mr. Common Serjeant.
GUILTY . Aged 29.— Confined Twelve Months.
1881. GEORGE JONES and JOHN TURNER , stealing 3 sails, 1 tarpauling, and 300 lbs. of rope, value 10l.; the goods of James Sheppard, in a vessel in a canal; also 2 coats, value 10s.; the goods of John Everden; Jones having been before convicted: to which
JONES pleaded GUILTY .
TURNER pleaded GUILTY . Aged 22.— Confined Twelve Months.
1882. GEORGE JONES , was again indicted with ABRAHAM DEVONSHIRE , for stealing 1 watch, and 2 handkerchiefs, value 2l. 4s.; 10s., and 1 sixpence; the property of Jabez Mudge; Jones having been before convicted: to which
JONES pleaded GUILTY . Aged 23.— Transported for Seven Years.
DEVONSHIRE pleaded GUILTY . Aged 23.— Confined Twelve Months.
GUILTY . Aged 24.— Confined Six Months.
GUILTY . Aged 22.— Confined Six Months.
GEORGE HENRY PRITCHARD . I am in partnership with Sarah Reynolds, at Union-street, Greenwich. On 23rd Sept. at eleven o'clock in the morning I had a piece of bacon safe in the window, which was shut—I missed it about five in the afternoon—the same evening a constable gave me some information—I went to the station, and saw the bacon there—this (produced) is it—I know it, because I had cut a piece off it—I had not sold it to anybody—I gave the policeman a description of it before I saw it.
JAMES SYMONS (policeman, R 233). I received information and stopped the prisoner about half-past one o'clock, with the bacon wrapped up in her apron, she said she bought it at a shop, but refused to tell me what shop—I received information from Mrs. Jones who is not here.
Prisoner. Q. Did I not say a woman gave it me, and I pointed her out, and you said you did not want to take the woman? A. No—you said you would bring a woman who stood by your side—I did not say she was a respectable woman, and did not give it you.
Prisoner's Defence. I met a woman who asked me to buy the bacon; I went to Mrs. Jones's, who owed me some money, to get some, and told her what it was for; she said she had not got any, and I said I would owe the woman for it; Mrs. Jones sent the policeman after me.
NOT GUILTY .
with me. On Monday, 14th Oct., I left home at seven o'clock, leaving the prisoner there—when I went home to dinner he was gone, and I missed a waistcoat which was there when I went out—next day between one and two, I saw him opposite the Shoreditch station with my waistcoat on—I stopped him, and he denied its being mine—I was quite sure of it, and gave him in charge—this is it—(produced.)
Prisoner. Q. Did you not lend it me on the Sunday? A. No; he said he had got a place in the Edgeware-road, and was going there at three on the Monday—I have known him thirteen or fourteen years—I was not tipsy the night before.
Prisoner's Defence. He lent me the waistcoat on the Sunday night; he was very intoxicated.
NOT GUILTY .
GUILTY . Aged 49.— Confined Fourteen Days.
GUILTY .— Confined One Month.
FREDERICK THOREY HOWE . I am a baker, at Marlborough-street, Greenwich. On 17th Oct., about two o'clock, I had a dress coat hanging on a shutter near the parlour door, inside the shop—some one spoke to me between three and four, and I missed it—this is it (produced)—there was a tobacco-box and memorandum-book in the pocket.
HENRIETTA PARKINSON . I am the wife of George Parkinson, a waterman, of 12, Marlborough-street, opposite Mr. Howe's. On the afternoon of 17th Oct. I was in my bedroom, and saw the prisoners go into Mr. Howe's shop—Owen came out on his toes, very lightly, remained outside, and then beckoned to Haynes, and he came out with a coat under his arm, under his own coat, and walked away with it—I ran down and gave information.
JOHN ISAAC FURZE . I live in Marlborough-street. I pursued the prisoners, overtook them together by the pier, and said, "You are just the people we want"—Haynes dropped the coat and ran away; the other one stood still—we ran after Haynes, caught him, and the other got away.
ROBERT PILE . I live in Bennett-street, Greenwich. On 17th Oct. I was near Crawley's-wharf, which is 150 or 200 yards from Howe's, between it and Greenwich-pier, and saw the prisoners go by, one in advance of the other, about two yards—Haynes was first, and had a coat on his arm—they were both walking very swift, like companions.
Owen's Defence. I was out with my goods and met the prisoner, and went with him; I went up one street and he another, and we were to meet; I met him at the corner of that street; I could not see whether he had got a coat or not.
OWEN— NOT GUILTY .
Before Mr. Recorder.
MR. BALLANTINE conducted the Prosecution.
ALFRED SPICE (policeman, B 47). On 20th Sept., about half-past seven o'clock in the evening, I was with Gibbs in the Clapham-road, and met the prisoner going towards town with a basket, which appeared heavy—I asked him what he had got—he said it was his own property—I asked him again—he said it was lead—I was in plain clothes—I looked into the basket, and found it contained this lead (produced,) and this other piece of sheet-lead was in a handkerchief in his hand—I asked him how he came by it—he said he came from Kingston that morning, and three men on Clapham-common gave him the lead to assist him, being out of work—I took the lead to the New Prison at Wandsworth—the foreman produced this ladle—these four pieces of lead exactly fit it.
Cross-examined by MR. PAYNE. Q. Was not what he said that he had been out of work some time? A. I would not say which it was.
GEORGE SEWELL . I am in the service of George Lock and another, builders; they have the contract for the New Prison. On 20th Sept. the prisoner was in their employ, and had access to the lead which was in the ladles—I have fittedt his lead to the ladles—it fits exactly—the four pieces are worth 7s.—the prisoner had no right to take it off the premises—he had been in regular work from 13th Aug., and had been using this ladle.
Cross-examined. Q. What was the prisoner? A. A mason's labourer—a great many ladles of this sort are used, made by the same person, and bought at the same place.
GUILTY. Aged 64.—Recommended to mercy by the Jury.
Confined Three Months
MR. BALLANTINE conducted the Prosecution.
WILLIAM GIBBS (policeman, V 77). I took the prisoner, and found out from Sewell where he lived—I went to 3, Acre-court, Acre-lane, Clapham, and found nineteen ladle-pieces, and four pieces of sheet lead, weighing altogether 375lbs., in a cupboard under the staircase.
Cross-examined by MR. PAYNE. Q. Where was the prisoner at that time? A. In custody; I did not take him with me.
THOMAS ASHTON . I am a labourer. The prisoner lived in the same court as me, Long Acre-court—I have never seen him in the house, or come in or out—I was only in the house once—I went to look at a bed of Mrs. Syms—I do not know that she lives with the prisoner—she took me to the house—the bed was on the ground-floor—my wife bought the bed—I have known the prisoner two or three months—I am only at home from Saturday night to Monday morning.
NOT GUILTY .
GUILTY .** Aged 28.— Confined Six Months.
Before Mr. Justice Erle.
GUILTY . Aged 30.— Transported for Life.
MR. ROBINSON conducted the Prosecution.
(The particulars of this case were not of a nature for publication. It appeared that the prisoner, who was seventeen years of age, was delivered of the child whilst on the seat of the water-closet; and although the surgeon was clearly of opinion, from his examination of the body of the child, that it had respired, he could not undertake to say for what period, or that the prisoner was conscious of her delivery. It was also proved that she was subject to epileptic fits. MR. JUSTICE ERLE, before calling on MR. HUDDLESTON to address the Jury for the prisoner, stated that the present form of charge was of a peculiar nature, but if the Jury were of opinion that the prisoner wilfully omitted any act of duty towards the preservation of the child, she would then, and then only, be guilty of manslaughter.) The Jury, without hearing Mr. Huddersfield, found the prisoner
NOT GUILTY .
Before Mr. Common Serjeant.
GUILTY . Aged 38.— Confined Four Months.
JAMES PENFOLD . I am a plumber's labourer, in the employ of Mr. Samuel Grimsdell; he was doing some work at Brixton. I believe the prisoner was employed there; I do not know him—on the 24th Sept., about two or three o'clock, I went to a loose box adjoining the coach-house—some lead cuttings which I had put there on the 23rd had been turned over; I could not swear whether any were gone—they were Mr. Grimsdell's—I went afterwards to the coach-house, and had to remove a coat which was hanging over a rope—it felt very heavy, and I told my mate—I afterwards saw the prisoner in custody, and saw some lead cuttings—these are them—(produced)—I cannot swear to them.
FREDERICK GRAYSON (policeman, P 248). On 24th Sept., about six o'clock in the evening, I went to the work, and saw the prisoner coming from the premises at Raleigh House—he had something bulky in his pocket—I asked him what he had got—he said, "Nothing"—I searched him and found this lead—he said he picked it up amongst some rubbish, and thought it was no object.
HENRY BISHOP . I am foreman to Mr. Grimsdell—he was working at Raleigh House—the prisoner worked there two or three days—this lead is the same that I saw at the station, and I believe it is the same that I saw at Raleigh House.
NOT GUILTY .
MESSRS. CLERK and SCRIVEN conducted the Prosecution.
ELIZABETH SHEARS . I am the wife of John Shears, a chandler in the Borough. On 2nd Oct. the prisoner came between three and five o'clock for four red herrings, they came to 2 1/2d.—he refused to take them—he then said he would have them and gave me a half-crown—I gave him the change and the herrings, and he left—I put the half-crown to my teeth, and found it was bad—I put it on the mantel-piece, and then gave it to my husband—he took it to the station—this is it; I know it by the marks I made on it.
Prisoner. Q. Did not you say to the policeman on Wednesday that I was not the man? A. No; I said I could not identify you till I saw you by day-light.
MARY ROSS . I am barmaid at the King's Arms. On 2nd Oct. the prisoner came to the bar with two men, and asked for a half-quartern of gin and some cold water—he paid for it with a bad shilling—as I was counting the change, one of his companions asked me for a glass of porter—I served him—he put down another shilling—I had the change in my hand—I put it down, and took the two shillings—I tried them by the detector, they were bad; they bent—I told the men so, and they all three rushed out of the house—they took the change for the first shilling—I kept the two shillings in my hand till the constable came—I marked them, and gave them to him—these are them—I had not parted with them.
Prisoner. The money I had about me was taken from me, and has been kept from me; I have not had the means of corresponding with my friends.
GUILTY .* Aged 31.— Confined Twelve Months.
MESSRS. CLERK and SCRIVEN conducted the Prosecution.
ELIZA ANN PEET . On 9th Oct. the prisoner came to my shop to buy some lace—she gave me a bad half-crown—I put it in the test and bent it—I said, "This" is a bad half-crown, and you know it"—she said she would not have passed it if she had known it was bad—I gave it to my brother.
JAMES HILTON LAWSON . I am the brother of the last witness. On 9th Oct. I saw the prisoner at her shop—my sister gave me a half-crown, and said in the prisoner's presence that she gave it her—the prisoner said she would not have given it her if she had known it was bad—I sent for an officer and gave him the half-crown.
CAROLINE BAKER . I am the wife of John Baker, a policeman—I searched the prisoner, and found two shillings on her—when I first went into the room, she said, "I have some more about me, for God's sake let me go"—I gave the two shillings to Sergeant Kelly.
Prisoner's Defence. I had no idea it was bad money.
GUILTY . Aged 20.— Confined Six Months.
Before Mr. Recorder.
GUILTY . Aged 22.— Confined Three Months.
GUILTY . Aged 22.— Confined Nine Months.
1900. HANNAH CARTER , stealing 1 brooch, and other articles, value 3l. 10s.; the goods of Elizabeth Hart Wilson: and 2 gowns, and other goods, 1l. 1s.; the goods of James Hollings, her master: to which she pleaded
GUILTY . Aged 16.— Judgment Respited.
Before Russell Gurney, Esq.
MR. PAYNE conducted the Prosecution.
CHARLES CHINN (policeman, A 255). I produce an examined copy, from the parish Church of St. George-the-Martyr, Southwark, of the marriage of Michael Guilday, bachelor, and Elizabeth Buck master, spinster, on 29th June, 1835—I have another certificate from St. John's, Waterloo-road, of the marriage of John Fletcher and Elizabeth Guilday, on 29th Aug., 1847—I examined the book at each of the Churches, and they are correct.
Cross-examined by MR. BALLANTINE. Q. Who did you get them from? A. From the clerks—I went to the clerk's house—his name was on the door, and "Parish Clerk"—Michael Guilday, the first husband, is the prosecutor of this case.
STEPHEN BAILEY . I live in Herbert's-buildings, and am a bootmaker. I know the prisoner, and Michael Guilday—I was present when they were married, at St. George's Church in the Borough, on 29th June, 1835—I remember Michael Guilday leaving this country seven or eight years ago—he is here now.
COURT. Q. When did you first see him alive after his return? A. Two or three months back, I think—I know that he and the prisoner lived together after they were married.
Cross-examined. Q. Do you know anything of her? A. Yes; she is a well-conducted person as far as I know—she came to my house on one occasion all over blood.
(The prisoner received a good character.)
mercy by the Jury.— Confined One Month.
the same family—she left in July—there were several things missing while she was there, but we did not miss the articles stated in this indictment till they were brought back three months after she had left—we then counted, and found they were deficient—I saw the male prisoner once in the house, and once out of it—he came to visit the female.
MARY ANN KINGABY . I live in Spring-gardens, Wandsworth-road, and am the wife of Samuel Kingaby. The male prisoner lodged with me from June till July; he did not give it up till he got married, on the 11th of July—he left about two months ago—the female used to come occasionally to see him—she came one Sunday, I remember—I did not see any plates that she brought and gave to him, but he told me that she gave them to him—I did not see her with them at all—she was dressed in blue—the plates the man produced to me were like these—he had the use of a cupboard in his bedroom; I went to that, and saw knives and forks there, I did not do anything with them, they were taken away by him, I suppose—I also saw a table-cloth and towels—he had not such things when he first came to me—he did not board with me—I used to provide for him, and he paid me on Saturdays—when he went away he said he was going to get married to Caroline—he left in the cupboard two shirts, and a pair of boots, and these three plates, and a table-cloth—the knives and forks were taken away.
John Stevens. She said she saw the female give me the plates from under her shawl. Witness. No, I did not—(the witness's deposition being read, stated: "On a Sunday I saw her take two plates, similar to these produced, from under her shawl")—that is a mistake.
SAMUEL KINGABY . I am the husband of the last witness. I remember the male prisoner lodging at my house—after he left, my wife called my attention to things he left in the cupboard—I found these things—I called the policeman, and gave them to him—I went with him to the prosecutor's.
CHARLES LILLYSTONE (policeman, V 338). I accompanied the last witness to Tulse Hill—I took the prisoners afterwards, with another officer—we told them the charge—they denied it, and said they had nothing belonging to the prosecutor.
JOHN COLTMAN (policeman, V 296). I went with Lillystone, and searched the house at Kennington, where we found the prisoners—I found there four knives and four forks—I asked the prisoners who they belonged to—they said they had them from the woman that they had the lodging of—the mistress was called up, and I heard the female prisoner tell her to say that they belonged to her—she said they did—I told her she must go to the police-office—she then said they were not hers—she said that she had lent them knives, but they returned them back, as they had got knives of their own.
John Stevens. It was not this female that said so; it was her sister. Witness. No; it was her.
AGNES GOATLEY re-examined. I know these knives and forks to be my master's property—here are two small knives, and two large, and seven forks—they are by the same maker, and we are deficient that number—these other two old knives were brought, but we could not swear to them—we have several old knives in the house.
John Stevens's Defence. In July I met this female in Lambeth-walk; she produced these articles, and told me to take them borne; I did so; there were two more lodgers in the house; any one could go and take them; this female came home on Saturday, 13th July, and when I came home, in a fortnight's time, there was a bill of 19s. 8d. on me; I would not pay it, and I took the other lodging; I was there till 23rd Sept.; the landlord came once or twice,
and said, what was I going to do, and said he would play me a lark; I was then taken by the officer.
Caroline Stevens. I bought these things in Lambeth-walk.
NOT GUILTY .
MR. CAARTEEN conducted the Prosecution.
ROBERT CAMPSIE . I am a compositor, and live in Ball-court, Giltspur street. I was at Sydenham on 23rd Sept.—I was returning home from there, and in consequence of losing the last train at ten o'clock I had to walk—I was a complete stranger in that part—I met the prisoner I believe at Newington-causeway, and I asked him which was the nearest way to the City—I got into conversation with him, and we proceeded in the direction of the City—I went into a public-house, to give him something to drink for his kindness—after that we went into a second public-house—when we came out from there I saw two women standing outside—the prisoner seemed to know them—he went up and addressed them, and I spoke to them in common conversation—I felt a touch in my pocket—I turned round and asked the prisoner what he had been doing—that was a very few minutes after coming out of the public-house—the touch was inside my pocket, as if some person had their hand in—the prisoner was standing adjoining me—it could be no other person's hand but his—I had a snuff-mull in that pocket, and I missed it—I had seen it safe not two seconds previously—I turned round, caught the prisoner by the wrist, and asked him what right he had with that—he said he had nothing—I heard something fall, but I did not see him throw it—a policeman happened to turn the corner, and he found the mull.
Cross-examined by MR. PARRY. Q. What time was this? A. It must have been from twelve to one—the ten o'clock train was the one I missed—I cannot tell how far I walked before I met the prisoner—I had been on my journey about an hour—I am a Scotchman—the prisoner was walking on towards London—I asked him to drink—I had been enjoying myself that day—I had been at a supper—the supper began at seven o'clock—I was eating and drinking and enjoying myself till ten o'clock—I had been drinking gin and water—when I went into the Mother Redcap with the prisoner I had some beer; I was rather thirsty—after that I went no great distance, and then went to another place—I did not get thirsty again; but as the houses were shutting up I asked him if he would not have something more—we had some beer the second time—I did not have any spirits; I am quite certain—it was as I came out of the second house that I saw the two women—the conversation with them continued a few minutes—I did not walk with one of the women—we might have gone a few steps from the door—I felt a hand in my pocket, I turned round and seized the prisoner's hand directly—both the women ran away when they saw the policeman coming—I recollect going to sleep that night on a bench at the back of the public-house—I was rather drowsy and tired—I had received a hint about the prisoner, and I went into the back-yard to get out of his company, I sat down on a form and fell asleep—the prisoner came to me, and said, "Are you not coming?"
MR. CAARTEEN. Q. Were you drunk or sober? A. I had my senses sufficiently to know what I was doing.
COURT. Q. Were the women close to you? A. They were standing opposite—the prisoner was next to me.
was on duty in the Walworth-road; I was turning out of Amelia-street—I saw the prosecutor—he had hold of the prisoner by the wrist, and he told me he had taken his mull from his pocket, and thrown it in the road—I searched, and found this mull about ten yards from where the prosecutor was standing—he had been drinking, but knew what he was doing.
NOT GUILTY .
MR. BRIARLY conducted the Prosecution.
WILLIAM DROUETT . I am a butcher, and live in Water-lane, Brixton. On 10th Oct., I saw the prisoner between eight and nine o'clock in the evening—I knew him before—he had been twice in my service, but he was not then—I said, "If you like to stop you can have your supper, and bed, and breakfast in the morning, and I will give you a shilling to help my foreman to kill a bullock"—he said he would—I left him so to do—I went out that evening—when I came back I was told something—I then missed two ribs of beef, half a loin of beef, three shoulders of mutton, a leg of lamb, a shoulder of lamb, and several other joints of meat—my basket was taken, and some hooks.
Cross-examined by MR. PAYNE. Q. What time did you go out? A. Between eight and nine o'clock, my foreman went with me; my wife had gone out previously—I left the prisoner at the shop-door—my little girl, about thirteen years of age, was in the house, and my boy Tom—I went to Mrs. Martin's, the Royal Oak—I and my foreman staid there till about ten minutes to twelve: he is an honest man, and I generally allow him to go and smoke his pipe with me—I left nobody in my house, but my little servant and my children in bed—Tom is not here—when I went back home I found the policeman, who told me something—I then missed my meat.
STEPHEN STANDAGE (policeman, P 355). On 10th Oct., I saw the prisoner on Tulse-hill—he got over a fence with this basket in his hand—he was going up the road—he saw me, and he threw this basket over the fence—I was about thirty or forty yards from him—I ran up to him, and took him into custody—I asked him what made him throw the basket over the fence—he said, "I threw no basket"—I said, "Perhaps you will walk with me"—he walked thirty or forty yards, and then he struck me—I gave him to another officer, and I went and got over the fence—I found the basket bottom upwards, and two shoulders of mutton, and one shoulder of lamb.
Cross-examined. Q. How far were you from him when he threw the basket? A. About thirty or forty yards—it was not a dark night—it was between eleven and twelve o'clock—he was going up Tulse-hill, towards Norwood—I could see about a hundred yards—I could see plainly the prisoner carrying a basket, and getting over a fence—it could not have been another person who threw the basket and got away—I was about twenty yards from him when he threw the basket—there was no turning down which another person could have gone.
MR. DROUETT re-examined. This is my basket—I saw the meat at the station—it was mine.
1847, and confined twenty-one days solitary)—I was present—he is the person.
(The prisoner's mother and another witness gave him a good character.)
GUILTY . Aged 20.— Confined Three Months.
Before Mr. Common Serjeant.
MR. COCKLE conducted the Prosecution.
JOHN LORD. I live in Surrey Villas, Camberwell New-road, in the parish of Camberwell. On Saturday morning, 5th Oct., in consequence of information, I came down to my back-parlour about eight o'clock, and found the window open, and the forks and spoons were gone—they were mine, and were usually kept in the cupboard in the room—the prisoner was in my service seven or eight years, and for a short time since I have been in that house—he was scarcely doing anything there but looking after the children, and working a little in the garden—that back-parlour window has box shutters inside which lift up; a board goes under the bottom one, which keeps it up, and the sash is fastened by a hasp—it was the duty of one of the servants to fasten that sash—if the sash were open any one could, from the outside, displace the wooden fastening and get in—I believe the sash was usually fastened at night—the prisoner entered my service in Van Dieman's Land; he had been a convict.
Cross-examined by MR. RIBTON. Q. When had you last seen your plate? A. On the Friday we used it for dinner—I always considered the prisoner a trusty honest servant—I have trusted him with money, and always found he acted honestly—he left me because I did not require him when I came to England—he was assigned to me; he served out his term of seven years—he worked on the farm, there was considerable property entrusted to him.
CAROLINE LIDDAMAN . My husband lives in Priory-place, Camberwell New-road. On that Friday I saw the prisoner, between eight and nine o'clock in the evening, opposite Mr. Lord's house, looking towards the kitchen door—I felt timid in passing him—when he saw me he pulled his cap over his face, and I passed on—I am sure he is the person—I saw him again about three-quarters of an hour afterwards—he was then inside the fence.
Cross-examined. Q. Who is she? A. The cook, at Mr. Lord's.
MARY ANN MOORE . I am in the service of Mr. Lord. On the Saturday morning my attention was called to a window which was open—I had seen it a little before ten the night before—the shutters were then shut—I cannot say whether the window was quite down—I believe the piece of board that fastens the shutters was there—I did not go close to the window.
Cross-examined. Q. Did you tell him what you apprehended him for? A. Yes; I asked him where he was on Friday evening—he said he was in Camberwell New-road, he did not know the time, it might have been seven o'clock, or it might have been half-past, but he left his brother's after tea, that might have been five; and he went to a public-house to have refreshment—I asked him if he had called at Mrs. Nash's—he said he had—I asked him
what business he had there—he said he would not tell his father—I asked him what time he left Camberwell New-road—he said he could not tell, but he had arrived at his brother's seventeen or eighteen minutes before twelve—I told him of the robbery—he said he was sorry for it; he would be sorry to rob so good a master—Ann Houghton, the cook, was charged with the prisoner—I have seen her here—there were three or four examinations before the Magistrate—the prisoner was all the time in custody—I took him first on Saturday—he was let go from Saturday till Sunday night, because his master would not believe for a moment that he was the thief—I took him on Sunday night at his brother's, the same place that I took him before—Ann Houghton was discharged on the second remand, I think it was—I believe she was in custody one week.
MR. COCKLE. Q. How came you to apprehend the prisoner a second time? A. From further information.
CATHERINE HOLT . I am the wife of William Holt—we keep the Colonel Wardle, in Tooley-street—the prisoner, who is my husband's brother, has been in the habit of sleeping at our house—I think he slept there on the night of 4th Oct.—he was in the habit of going in and out—when he asked for money I gave it him—on the Sunday he said to me, "I shall be able to pay you some of that money, I have got something below"—I did not know what he meant, but soon after the officer came—he turned from the officer and said, so that he could not be heard, "It is all right, I have got something under the rum-cask"—I felt alarmed, and I went down into the cellar with my nephew, who had been in the bar with me—he put down his hand under the cask and took out one fork, with Mr. Lord's initials on it—I gave information at the police-station—the policeman came with me—I showed them where the things were, and they took them away—they found nine forks and thirteen spoons—the cellar was locked when I came back—it was always locked, and the key was in my bar—the prisoner could get into the bar and take it—my husband is afflicted, and has been some years.
Cross-examined. Q. What time on Sunday did he say that? A. I think between four and five o'clock—I did not go down into the cellar till after the policeman had been, between seven and eight—the prisoner was then gone—I was not down two minutes—a person might get a very good glass of old port there—we have some brandy and gin—we have only one cask of rum—I went directly to the rum-cask—I had no money, nor my husband, but when my sister was married she made me a present of the house and business—I swear that before I was married I was not living with another man: I was not kept by a man—I saw the prisoner have the key of the cellar—he asked my nephew for it on Sunday, just as we were going to dinner—he was frequently in the bar—he has been helping my nephew, and sweeping the cellar—I have seen a fellow-servant of his come there to ask after him—I have a housemaid and a pot-boy.
HENRY HUNT (police-sergeant, M 82). On 7th Oct. Mrs. Holt came to the station about one o'clock in the day—I went with her and Inspector Townsend—we went into the cellar, and found nine forks and thirteen spoons under a rum-cask.
Cross-examined. Q. The prisoner was in custody? A. Yes; a female servant was charged, who was apprehended on the Wednesday—the prisoners were remanded two or three times, in consequence of Mrs. Holt being ill—on the second occasion I produced two certificates from two medical men that she was unfit to leave her bed, and the next examination the inspector and I were down at Kingston, and it was put off—the female was discharged.
Cross-examined. Q. Were there many casks in the cellar? A. Yes; this cask was upright—they were under the sawdust.
MR. LORD re-examined. These are my property—they all have my initials, with the exception of one fork.
Cross-examined. Q. How long have you been with Mr. Holt? A. Four years, as barman—it was between one and two o'clock when the prisoner asked for the key—he said he had left a knife down there.
MR. RIBTON to MARY ANN MOORE. Q. Did any one tell you before you went down, that the window was open? A. Yes; my fellow-servant—the prisoner had not been in the habit of coming to the house to set the cook.
MR. COCKLE. Q. Where did Ann sleep? A. In the same bed with me—she did so on the night of this robbery—I locked the bedroom door—she was not oat of the room that night.
GUILTY . Aged 54.— Confined Twelve Months.
JOHN WILLIAM GOING . I am a lighterman. On 28th Sept. I was in a boat with some friends, and had a leg of mutton in the bottom of the boat—I came ashore at Westminster-bridge, at ten minutes to two o'clock in the day—I went to the Red Lion tavern for twenty minutes, returned and saw the prisoner sitting in my boat throwing some muscles belonging to me into the river—I forced him out, and missed the mutton—he said he knew nothing of it—I fetched a constable.
WILLIAM JARVIS . I saw Going come ashore—the prisoner got into the boat, took out a bag and concealed it under the head of the pier barge—he then went back to the boat, and began eating the muscles—I went away, returned and found him in charge—I went to the place, and found the mutton in the bag—I am certain of him—I have known him these five years.
Prisoner's Defence. I never saw the meat till I was at the station.
WILLIAMS COOMBS (policeman, L 94). I produce a certificate of the prisoner's conviction from Newington—(read-Convicted Oct., 1838,—Confined twenty-one days solitary, and once whipped)—I was present—he is the man.
GUILTY .** Aged 32.— Confined Three Months.
GUILTY . Aged 49.— Confined Six Months.
GUILTY. Aged 17.—Recommended to mercy by the Prosecutor. — Confined
GUILTY . Aged 16.— Confined Four Months.
1910. MARY LALEY , breaking and entering the dwelling-house of Robert Green, and stealing 1 bolster, 1 pillow, 2 tea-pots, and other articles, value 30s.; his goods: having been before convicted: to which she pleaded
GUILTY . Aged 26.— Confined Twelve Months.
WILLIAM KERN SEDGWICK . I am in partnership with Henry Green—the prisoner was our carman—I cut some pieces of paper, and my partner in my presence put them with some oats in sacks in our granary on Thursday 17th Oct.—next day, in consequence of what Thornton told me, I went to the police court, and found these oats in a sack (produced)—I have examined it, and found some of the papers I had put in.
STEPHEN THORNTON (policeman, A 26). In consequence of information on the Friday morning, I went to the prosecutor's premises in Upper Thames-street and watched—and about five minutes after seven o'clock I saw the prisoner come out with his horse and cart, and the cart had a number of sacks in it which turned out to be corn—I and Smith followed him through various street to the Vauxhall-road, where he stopped and got into the cart—I was some distance behind it, and it was a very foggy morning, Smith was very close to him—I came up to him near the Ship, and saw him open one sack, take corn from it, and put it into one on his left, which is the one produced—he continued to take corn from his right side, and putting it into the other sack till he came near the Horns at Kennington, where there were two constables near him—I then followed him to the White Horse in the Brixton-road, where he stopped, spoke to a man there, went round the cart twice, and went into the stable—we followed him, told him we were officers, and asked what he had done with the sack—he said it was in the stable, he had left it there till he came back to bait his horses with—I brought the corn to the station, and showed it to Mr. Sedgwick—there was only one horse to the cart.
Cross-examined by MR. PAYNE. Q. Then there was a little taken out of each sack and put into this sack? A. Yes.
(The prisoner received an excellent character.)
GUILTY . Aged 46.— Confined Two Months.
Before Russell Gurney, Esq.
MESSRS. HUDDLESTON and CLERK conducted the Prosecution.
WILLIAM WALKER (policeman, V 98). On 24th Sept., about half-past six o'clock in the morning, I was on duty in Battersea-square, and in consequence of information I went towards Battersea-bridge, and near Mr. Dyne's mill I saw one of Mr. Bugbee's carts—"No. 49" was on it, and Goddard in charge of it—he turned off the road, at a piece of ground opposite Europa-place, where there was a wall being erected—he shot a full two-horse load of bricks out of the cart—there was no one on the ground but the prisoner—he then
got on hit front horse, and walked as hard as a pair of heavy horses could go to Locke and Nesham's wharf, at Wandsworth—I followed him there—about nine I went with Sergeant Daly to the ground, and counted the bricks—there were exactly 1000—I remained there, gave a description of Goddard to Daly, and he brought him back while I was watching the bricks—I found Leggett in the act of chopping some of the bricks—these two (produced) are some of them—at eight in the evening I went to Coomer's house, which is in the Battersea Bridge-road—he came in just before eleven o'clock, and I asked him how about the 1000 bricks—he said, "I bought them of Brown, who is agent for Mr. Bugbee, at Wandsworth"—I said, "Mr. Bugbee has no agent there at all"—he said, "I paid him 2l. and 5l.; I was recommended by Mr. Hunt, butcher, who has had extensive dealings with this man Brown"—he afterwards told me he was to give him 26s. a thousand for them, and that Mr. Brown said Mr. Bugbee's men would deliver them for 2s., for a drop of beer, before they commenced work in the morning—I was in the act of taking him to the station, and said, "Do you mean to say this about the 2s.?" and he said, "Yes, I do."
Cross-examined by MR. M. PRERDERGAST. Q. What sort of place is it where the bricks were carted to? A. The front is the main road, and the back comes to a vacant piece of ground where there is no path at all—Batteraea-square is in the public road, and has houses on both sides—it is better than two miles from Locke and Nesham's wharf—Wandsworth prison is a mile and a half from their wharf.
Cross-examined by MR. ROBINSON. Q. Did you enter into conversation with Leggett? A. I said something to him, but I do not recollect what—I was in plain clothes—Mr. Hunt is a butcher, I believe, in Chelsea.
MR. CLERK. Q. Is Battersea-square in the direction from Locke and Nesham's wharf to the prison? A. No; half a mile out of the direct road.
WILLIAM HENRY PILTON . I am agent to Mr. Everest, brickmaker, of Temple Farm, Stroud, and have been supplying Messrs. Locke and Nesham, the contractors for the New County Prison, at Wandsworth, with bricks from Mr. Everest—in Sept., 55,000 were sent by the barge James—they were of a good quality, and worth 25s. or 26s., alongside in the barge—we sell bricks in large quantities; we bring them up to the wharf in the barges, and deliver them to the parties who buy them; we have nothing more to do with them—the party who buys them pays the expense of carting—29s. is the wharfingers price.
Cross-examined by MR. ROBINSON. Q. You do not know what other charges there may be besides the 26s., the wholesale price? A. No—Mr. Everest is a very extensive manufacturer—I am agent entirely for him, and sell this precise sort of brick to contractors in London generally—if the bricks are bats, which means broken brick, they would be cheaper—there is always a quantity of broken bricks allowed in the trade; we cannot bring the bricks and deliver them free from bats—we had certain transactions at the same time, in which we were selling bricks of the same kind at a cheaper rate; we were selling them as low as 24s. to Locke and Nesham, in millions.
MR. HUDDLESTON. Q. Did you ever sell a thousand for 26s.? A. Certainly not—the current price, retail, of these bricks, on the wharf, would be 29s.—there are broken bricks in every load.
GEORGE DYER . I am a labourer, of Wandsworth. I know Goddard; he was a carman in Mr. Bugbee's employ—I recollect the barge James arriving on 23rd Sept. at Locke and Nesham's wharf, with 55,000 bricks—on the morning of 24th, Goddard loaded some bricks at the wharf into his cart,
which was No. 49—they were not counted, because they are supposed to be a thousand; that is a general load—he had the first load, between five and six.
Cross-examined by MR. M. PRENDERGAST. Q. Did you see him do it? A. Yes; I assisted—I was in the barge, and he loaded his cart from it—I gave him a ticket.
Cross-examined by MR. ROBINSON. Q. Do you know Onley at the wharf? A. Yes; he is employed by Mr. Bugbee, I believe—about a week before the 25th I assisted him in getting up bricks and bats from the mud in the dock—the bats were loaded by us into a cart belonging to a man named Brown, I believe—Brown was there with it—no ticket went away with that cart; there is no ticket with bats—the cart only contained bats and a few muddy bricks, which were taken out of the dock—Brown came and took away bats and muddy bricks with his cart in that way three or four times—no ticket went with them.
MR. CLERK. Q. Were any of those bats and muddy bricks sent away with Goddard that morning? A. No; they were what had fallen off the barges into the mud, and some of them had been packed up in a stack, and laid there some time till they made a little load—it is not the custom to send tickets with loads of that sort—I cannot read, but I put it down in chalk each time every load of the 55,000 went away.
GEORGE RACKSTRAW CRICKMAY . I am clerk to Locke and Nesham, and receive the tickets of the bricks from Thorogood, the gate-keeper at the New County Prison. I received an account from him of 53,000, as coming by the James—I did not compare that with the bricks themselves, but I did with the slate he keeps—he gave me fifty-two tickets (produced,) and one load came without a ticket.
Cross-examined by MR. M. PRENDERGAST. Q. They are not all alike? A. No; some of them came by Locke and Nesham's carts, and they have no number, and some by Bugbee's carts, they have a number.
JAMES THOROGOOD . I am in the employment of Locke and Nesham, and am gate-keeper at the New Prison, Wandsworth-common. Goddard is a carter in Mr. Bugbee's employ—I receive the tickets from the carts as they come in, and give them to Crickmay—I gave the tickets of those brought by the James, with the exception of one, to him—I am stationed at the gate as a messenger, and at times have to attend different gentlemen round the works, and am away ten minutes or a quarter of an hour, carts may then come and I not see them, and I leave a box where they then put the tickets as they come in—to the best of my recollection there were fifty-three loads on the slate, and only fifty-two tickets—I know one of the carts came without a ticket, and the man promised to bring it.
THOMAS JEWELL . I live at Battersea, and am foreman to George Locke and Thomas Nesham, the contractors for building the New Prison at Wandsworth. Mr. Bugbee is employed in carting bricks from the wharf to the prison—on 24th Sept. I went with Daly to Europa-place between seven and eight—I cannot speak precisely to the time—we found Goddard at the wharf, and he went with us—I saw a load of bricks there shot on the ground—I believe these two bricks are of the same description as we received from Mr. Everest—I asked Goddard if he had been there with a load of bricks that morning; he said "No," and we went back to the wharf—all sound bricks taken out of the mud should have been taken to the contractors, and the bats were their property as well—none of the bricks or bats ought to have been sold without the authority of Locke and Nesham—the bricks I saw at Europa-place were all new, fresh, good bricks.
cross-examined by MR. ROBINSON. Q. Do you call that one a fair average brick? A. Yes— (this was rather chipped)—Onley is in custody, and is indicted—I know Brown by name, and know he has absconded—I have made inquiry of Hunt; he is a butcher at Chelsea—I did not see any bricks there—I did not look—I have seen bricks of the same description as these, at different houses in the neighbourhood.
MR. CLERK. Q. Where did you see them? A. Some of them close to Europa-place—there was a load stacked down, in appearance similar to what we were using at the prison, and of which we had lost some—they were shot in a very irregular manner, not as they are usually stacked.
JAMES BUGBEE . I live in Artillery-row, Westminster, and am a general contractor—I have a contract with Locke and Nesham to cart the bricks from their wharf to the New Prison—Goddard was so employed—he had no business out of the road—I never authorized him to take any bricks from the wharf to Europa-place—the fair charge for unloading and loading, carting, wharfing, and stacking a thousand bricks in the ordinary way from the wharf to Europa-place would be 5s.
Cross-examined by MR. M. PRENDKRGAST. Q. Was Onley in your employ? A. Yes, till he was given into custody—he was employed to unload the bricks at the wharf, and he employed his own men to load them into the carts—he sometimes employed two, and sometimes six men—he was a contractor under me—I have nothing to do with unloading the barge.
Cross-examined by MR. ROBINSON. Q. How many persons have you charged with receiving bricks alleged to have been stolen by Brown? A. None; I do not know anything of Brown—I beard that he was once employed by Mr. Sewell, and paid by my clerk, but I never saw him—I have not, to my knowledge, used carts with Brown's name on them—I do very frequently use other people's carts, and others mine—I may have bought tares of a man named Brown—it is the duty of my yard-foreman to buy them of those who have them to sell.
JOHN LEGGETT . I live at 13, Little College-street, Chelsea, and am a bricklayer. In Aug. and Sept., I worked for Coomer—I recollect in Sept. being at work for him, building a wall in Europa-place—the stock of bricks ran short on the morning Daly came; I had only about 300 remaining, and at about half-past six I went and told Mr. Coomer so—he said he would order some, or had ordered some, I cannot exactly remember which; and during the time I had gone, the bricks came, and were shot on the ground—I did not see who brought them—I went to Mr. Coomer about ten, I could not find him, and a little girl told me he was gone to Kilburn—I had been at work at the wall seven days.
Cross-examined by MR. ROBINSON. Q. Is it not very usual where bricks are to be used immediately to shoot them out of the cart? A. Yes, on some occasions—if it is carefully done, and they are good bricks, it may be done without injury to them.
THOMAS DALY ( police-sergeant, V 33). On 24th Sept., in consequence of information, I went with Walker to the back of Europa-place, and found Leggett there—I left Walker in charge of the bricks, and went to Coomer's house—he was not at home—I went to the wharf at Wandsworth, found Goddard there, and in consequence of a description I had had from Walker, I said to him, "What have you done with the bricks you took to Battersea, between six and seven o'clock this morning?"—he said, "I have not been to Battersea at all"—I said, "Do you mean to say you have not
been to Battersea at all?"—he said, "Yes, I do"—I took him into custody, took him to Walker, and he said, "This is the man who shot the bricks here this morning"—Goddard said, "No, I am not the man"—that night Coomer was brought to me by Walker, and I said, "Mr. Coomer, I must charge you with receiving these bricks, well knowing them to be stolen"—he said "You are not going to do that, Sergeant Daly, are you?"—I said, "Yes, I am"—I know Brown, but do not know of his selling bricks—he has no yard, or anything of the sort.
Cross-examined by MR. ROBINSON. Q. How long have you known Brown? A. Two or three years; he has lived in the neighbourhood that time, and at Putney before—he is a labouring man, and sometimes carries dung on the road—he has an old horse and a cart—I think he bought them of Dutton, and "Thomas Dutton" is on the cart—Dutton has brick-fields—I know Brown and his son have a piece of land at Garrett, which is near—I have seen Brown with tares, straw, greaves, and bricks in his cart—I believe he has absconded; we have not been able to find him—we have not charged any one but Coomer with receiving bricks stolen by Brown—I have found three persons besides him who have bricks of this nature, Mr. Booker, a beer-shop keeper at Battersea, Mr. Hunt, the butcher at Chelsea, and Hunt, a marine-store dealer—I have seen Coomer work for Mr. Hunt—at the police-court, Coomer said he was recommended by Hunt, the butcher, to Brown, as a person of whom he had bought bricks, and I saw both the Hunts' in consequence, and had some conversation with them—Coomer produced two pieces of paper at the police-court—I took possession of his ledger and other accounts.
MR. HUDDLESTON. Q. Did you trace bricks of Locke and Nesham's to these other people? A. Yes; the inquiries are not yet terminated—these are the two papers—they were produced by Taylor, who was called by Coomer as a witness (produced—an account amounting to 5s. 6d. for cartage, and a receipt signed "R. Brown" for 2l. on account for bricks delivered)—these other two (produced) I found in Coomer's pocket-book, and one of them I find corresponds with one of those Taylor produced, and forms part of the same sheet of paper—one is dated 24th Aug., and the other 26th July—they were produced in consequence of his saying he had papers for all transactions with Brown, and the Magistrate asking for them.
MR. ROBINSON. Q. Were they produced in consequence of a communication from Coomer to some one? A. Taylor said he had received a note from Mr. Coomer, in consequence of which he sent the papers—one he found on the file and the other in Mr. Coomer's ledger—I did not see the letter, but know that he wrote one—it has never been in my possession—it was not produced before the Magistrate—Mr. Hunt is a butcher in an extensive way of business.
GEORGE STRINGER . I am clerk to Robert Forrest, a wharfinger. These are the sort of bricks that are used in building small buildings—we are now selling the same description on the wharf at 29s. and 30s.—if they were delivered to a customer at two or two and a half miles distance, the price would be 33s. or 34s.
JURY to JAMES BUGBEE. Q. Was Goddard under the authority of Onley in any way? A. Not at all—he was in my employ—Onley employed his own men—he had no directions to order Goddard at all.
(The prisoners received good characters.)
COOMER— NOT GUILTY .
GODDARD— GUILTY. Aged 54.—Recommended
to mercy by the Jury.— Confined Six Months.
GUILTY . Aged 25.— Confined Four Months.
(The prisoner received a good character.)
MESSRS. HUDDLESTON and CLERK conducted the Prosecution.
GEORGE DYER . I am a labourer at Waterside, Wandsworth. I know Onley—he was employed at Locke and Nesham's in getting bricks from the barge—a few days before Goddard was taken, I assisted Onley in getting some bricks and bats out of the mud in the dock—they were thrown out on the cart road, and afterwards put in a cart; I suppose it was Brown's, he was with it—there were three or four loads taken away at different times in that way—no ticket was given with them—I and Onley had some beer—I do not know who paid for it; I did not, and I did not see Onley pay.
Cross-examined by MR. HORRY. Q. Onley employed you? A. Yes; the greater part were bats—I have seen bats fall overboard into the dock, but, not thrown over on purpose—I cannot say whether there were fifty bricks—there were a very few—we did not give any ticket with them, because they were redeemed as waste.
THOMAS JEWELL . I am foreman to Locke and Nesham. Onley was employed to superintend the unloading of the barges at the wharf, and it was his duty to give a ticket with all that were taken away—he had no right to send away bats or muddy bricks taken out of the mud without a ticket—I saw a load at Merton, at Mr. Atkins's on 27th, which I think were worth 10s.—on 28th Sept., in consequence of what I had seen, I asked Onley whether he had sold any old bricks, or new bricks and bats, to Mr. Brown—at first he said no, but when I questioned him more closely, he said be had sold three or four loads of bats, he thought there was no harm in selling them, as I had frequently told him not to send the bats to the prison—(I had refused a quantity of bricks and bats as well)—I then asked him whether I had ever given him leave to sell these bricks and bats—he said, no—I asked him about the price, and he said he sold them to Brown at 4s. a load—the prisoner had no authority to sell to Brown, and Brown had no authority to take them away.
Cross-examined. Q. Was not the first question you asked him, whether he knew of Brown taking away bats and bricks? A. I asked him first whether Brown had taken any bricks—he said no, and when I asked him about the bats he said yes—sometimes the barges come with very bad bricks, and we have them sorted out from the good and stacked on the wharf—that was Onley's duty, and he was to let me know if there were any bad bricks, and I should examine them—I have more than once examined bricks that were thrown on one side for me.
MR. CLERK. Q. If you found any inferior ones, what was done with them? A. They were put on the wharf—Onley had no authority to sell them.
RICHARD GOLDING (policeman, V 31). I took the prisoner on 28th of Sept., and told him it was the intention of Mr. Jewell to take him in custody, he had heard he had been selling bricks to Brown—he said he had sold three or four loads from the dock, and the last he got 4s. for—I said, "I have seen some bricks at Merton that Brown took there, and there were some whole bricks with them"—he said it was them he sold, they were taken to Merton, and there might have been some bricks among them—I got these (produced) from Atkins—they are a fair sample.
Cross-examined. Q. The best part of them were bats? A. Yes; if I had seen them I would not have given 5s. for them—I was taken in.
(The prisoner received a good character.)
NOT GUILTY .
WILLIAM JOHNSTON . I live at 6, Bridge-row, Lambeth. On 22nd March, I carried on business at Richmond-place, Walworth, on which day there was a firkin of butter safe at my door at eight o'clock in the evening worth about 50s.—about nine I missed it, and afterwards on the same night, saw it at the station.
JOHN HOWARD . I live at Acton-place, Walworth. One day last March, between eight and nine o'clock in the evening, I was passing Johnston's shop—I had come out of the Rising Sun, which is on the same side of the way, about ten yards off—when I went in I saw the prisoner with a shorter man walking together—I came out, and saw the shorter one take up the firkin of butter—when they got opposite the public-house he dropped it, and the prisoner took it up—the other said "We must carry it off quick, or we shall get lagged," and they turned down Sun-street—I was in the place at the time, I could see Mr. Johnston's door, and where the prisoner and the other man went—I saw a boy come out of Mr. Johnston's door, and two men were taken in custody, but they were in the public-house drinking at the bar at the same time I was, I swore to them, they were acquitted on that ground—I have known the prisoner four or five years by the name of Froggy, and the other one I used to go to school with.
Prisoner. The place he was in is just like a watchman's box; three gentlemen said I was nothing like the man; I was set by myself, and you were brought in, and said, "This is the man." Witness. I went to the station, knew him, and pointed him out directly—they did not point him out to me—they said nothing, whether he was a prisoner or anything of the sort—the shorter one's name is Baker; I believe he is now in Brixton gaol for picking pockets—the butter was found concealed under some hay, down the same turning I had seen them go.
GEORGE QUINEAR (police-sergeant, P 1). I took the prisoner on 24th March, and told him the charge—he said, "I was at Smithfield at the time"—I left him at the station, went to fetch Mr. Johnston, and before I returned he had escaped—I found him again on 17th Oct. in custody at Bow-street, and told him of the charge—he made no reply.
Prisoner. Q. Did you take Baker? A. Yes; I brought two tradesmen to identify him, and they could not, or you either—Baker is now at the House of Correction at Brixton for three months.
Prisoner. Two gentlemen came to recognise me and could not; the policeman said he would have me right or wrong some day or other. Witness. I never did.
1916. GEORGE COLE was again indicted (before another Jury) for stealing on 23rd Oct., 1849, 1 handkerchief, value 2s.; 4 sovereigns, 12 half-crowns, and 20 shillings; the property of James Dickinson, from his person.
23rd Oct. last year, at a quarter or twenty minutes to nine o'clock in the evening I went to a public-house near the Whitechapel-road—I saw the prisoner and another man at the bar—a young man about twenty-two years old, who I saw when he was examined at the police-court, came in, and called the prisoner by the name of Froggy—they stepped on one side and talked—I sat there some time hearing the examination of the Mannings read—the prisoner and his friend asked me to drink, and I took what I expect was gin—I saw it taken from the bar—I lost all recollection from the time I drank it; I do not recollect parting with the glass—I came to myself about four in the morning, and found myself at Leman-street station, and about 6l. 17s. missing; all I had but 1s.—it was safe three or four minutes before I went into the public-house, and I sat there ten minutes—I also lost a blue silk handkerchief.
Prisoner. He said he could tell me by the back of my neck? Witness. One of his ears stands very wide from the head, and there is something remarkable about his eyes—I described him at the time to the police.
JAMES M'INTOSH (policeman, H 9.) On 23rd Oct., last year, I was in Brick-lane, Spitalfields, and found Dickinson there, apparently drunk; he was stupified—the left side of his trowser-flap was half down, so that I could see his pocket—I took him to the Leman-street station, and found 1s. in his right-side pocket; nothing in his left—before I found Dickinson I had seen the prisoner, whom I had known some time, coming down Thrall-street, in a direction from where I found the prosecutor, and about 300 or 400 yards from him—the prosecutor came to himself next day, and gave me a description, in consequence of which I looked out for a man named Norris, and also the prisoner—I knew where the prisoner lived, went there for three months, from time to time, and could not find him.
CORNELIUS PIKE . I am a bonnet-shape maker, and live in Brick-lane. On the evening of 23rd Oct., last year, about half-past nine o'clock, I was on the pavement in Brick-lane, and saw the prisoner, two females, and a man named Norris, who has been convicted—Dickinson was between the two males, and the females were in advance—as they passed me I heard one of the females say, "Take him round to the chandler's shop"—they passed me six or seven yards, made a full stop, and I saw Norris step behind the prosecutor, and saw the prisoner lift his arm while Norris put his hand into his right-hand pocket—I then saw him take his hand from his pocket, and hold it up to the light—they said some few words I could not hear, and ran off together—Dickinson reeled across the street, and fell down on the opposite kerb—the police came, and I went to the station with them—I knew the prisoner before—I lived 200 or 300 yards from him.
JOHN WILSON . I am a boot-maker, and live in Church-street, Shoreditch. I was in Brick-lane on this night, and saw Dickinson, the prisoner, Norris, and the females, come out of the Three Cranes—the prisoner had hold of Dickinson's arm, and Norris put his hand into his pocket, pulled out something, and brought it before the light in his hand—the prisoner said something about going to the chandler's shop, and they went towards Thrall-street.
Prisoner. Q. Had I a coat on? A. Yes; and a hat.
GUILTY . Aged 23.— Transported for Ten Years.
the evening of 22nd Oct., I was on duty near the New-cut, and saw the prisoner with this basket of lead under his arm (produced)—I asked him what he had got—he said, "Some lead"—I asked how he came by it—he said he was a small master, and had had it by him some time; he lived at 14, Eaton-street—he was on the step of a marine-store dealer's, and then he went back again—I afterwards ascertained that he was at work, and lived where he said he did—there are 33lbs. of lead.
JOHN JOHNSTON . I am foreman to Mr. Kelk, who has a contract on the Dover Railway, where the prisoner was employed under me, in taking off an old roof and putting on a new one—this lead is apparently the same as what we have there; it is the same breadth and weight, and there are the same sort of mortar marks on it, and it agrees in colour.
Prisoner's Defence. I have had the lead nearly four months; any lead that is laying about is liable to get covered with lime.
NOT GUILTY .