CENTRAL CRIMINAL COURT.
MUSGROVE, MAYOR. NINTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—An obelisk (†) that they are known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, July 7th, 1851.
PRESENT—The Rt. Hon. LORD MAYOR; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. FARNCOMB; Mr. RECORDER; Mr. Ald. SALOMONS; and Mr. Ald. LAWRENCE.
Before Mr. Recorder and the First Jury.
GUILTY . Aged 38.— Confined Three Months.
WILLIAM COX . I am steward of the ship Bucephalus, lying at Curling and Young's dry-dock, Limehouse Mr. William Bell is the captain—the owners are Thomas and William Smith—I left the ship about 5th June, and was away until the 18th—I left again that day, and returned on Saturday. Hit—I then missed three bottles of brandy, five bottles of wine, and twelve bottles of beer, from a drawer in the pantry—the drawer was not locked—the pantry-door was locked, and I found it locked on 21st—the entry had been made from the bulk-head, at the back of the pantry, at another door which leads into the store-room—the staple of the padlock was withdrawn—the prisoner was an apprentice on board the ship, and had been so ten or eleven months—he had sailed in the ship to Calcutta and back.
CHARLES BASTARD . I am clerk to Messrs. Thomas and William Smith, of Royal Exchange-buildings. They are owners of the Bucephalus—I spoke to the prisoner about this on 23rd June—I asked if he knew anything about the brandy being stolen out of the steward's pantry—he said that he did not take it—that a boy of the name of Higgs had taken it; that some painters who were on board had got some of it—on the 25th, I spoke to Higgs about it in the prisoner's presence—Higgs said that the prisoner had asked him to keep watch outside the pantry-door that the prisoner went into the pantry by drawing the staple of the back-door, and passed some bottles out; that he had offered some to the painter which the painter refused to take, and he offered it to a boy of the name of Freeman, and he also refused to take it
—I asked the prisoner if what Higgs had said was true, and he said it was, that he had got Higgs to watch outside, and then broke open the pantry, and got the spirits and stuff.
HENRY HIGGS . I am an apprentice, under Messrs. Smiths, in the ship Marlborough. On 7th June, I was employed on board the Bucephalus—the prisoner called me down below, took me to the back of the steward's pantry, pulled open the door with his hand violently, and passed out three bottles of brandy, and two bottles of wine—I think the door was nailed—he handed the brandy and wine to me—I put it on the deck—I do not know what became of it afterwards—I got none of it—one of the painters took up one bottle, and knocked the neck off with his putty knife.
HENDRY CORDIAN (policeman). The prisoner was given into my custody, by Charles Bastard, at the East India Dock—he told me he had sold one bottle of brandy to a shipwright, who said he would give him 1s. for it, but he only got 6d.
GUILTY . Aged 19,— Confined Four Months.
MR. ROBINSON conducted the Prosecution.
CHARLES WELLINGTON EDDY . I am a chemist and druggist, of 30, Crown-street, Finsbury. I deal with Messrs. M'Culloch and Squire, for drugs—the goods for which I owed them from Midsummer to Christmas are contained in this invoice (produced)—I know the prisoner; on 4th Feb. I paid him 25l. 14s. 6d.—I think it was in gold.
Cross-examined by MR. PARRY. Q. How long have you known the prisoner in connection with the firm? Since about Feb. 1847—I have been in the habit of paying him money from time to time—I have been in the habit of dealing with Messrs. M'Culloch and Squire for eleven yean—my dealings are considerable—I know Mr. M'Culloch by sight.
JOHN JAMES BATES . I am a chemist, of Great Dover-street. I had an account with the prosecutors—this is the amount up to Christmas, less discount, 7l. If.—I paid the prisoner that amount on 26th May—he signed this account.
Cross-examined. Q. Had you paid him money before? A. Yes; I am perfectly confident that I paid him that money.
WILLIAM SQUIRE . I am in partnership with Mr. William M'Culloch, we are wholesale druggists, at 95, Bishopsgate-street Within. The prisoner has been for some time in our service, as clerk and town-traveller—it was his duty to-collect moneys—in the course of his duty he would receive moneys from Mr. Eddy and Mr. Bates—if he received 25l. 14l. 6d. on 4th Feb., and 7l. 1s. on 26th May, it would be his duty to pay it to me the same evening, or next morning—that would be his duty in all cases—it was his duty to pay money to me—when I was at home I was cashier—Mr. M'Culloch was in Yorkshire, on 4th Feb.—he returned about eight days afterwards—it was the prisoner's duty to enter in the day-book, the moneys he received—this is the day-book (produced)—there are entries in it on 4th Feb., in the prisoner's writing, of moneys received by him, but no entry of the two sums in question—he usually made out a list of the amounts he received for my convenience—this (produced)is the list which he handed to me on 4th Feb.—this corresponds with the entries in the day-book—there is no account there of the 25l. 14s. 6d.—on 15th June he called on me between 4 and 5 o'clock, with Mr. Cort, who stated they had come on very unpleasant business—I asked what the unpleasant business was—I cannot recollect the words he used, but, in effect, that he was sorry to say Mr. Young had received moneys and not accounted for them, and that he had advised him to come to me,
explain all, and make a clean breast of it—I immediately declined entering into any particulars, or having anything to do with them, and told them they had better see Mr. M'Culloch, my partner, as I was going out of town that evenning. Mr. M'Culloch is now in Scotland, on business—some days after, I received this paper which is in the prisoner's writing, fro Mr. M'Culloch, and he made a communication to me at the same time—here is the name of Mr. Eddy, but no sum against it—(the following items were read from this paper: "Tuesday, Eddy paid to Christmas;" "Monday, bates paid to Christmas:")
Cross-examined. Q. When did Mr. M'Culloch return? A. About a week or eight days after 4th Feb.—I went out of town myself about a week after, and was away several days—I was in town in the day, and away in the evening—I left Euston-square by the five o'clock train, on 15th June—I left Mr. M'Culloch in town—I was away about three days—I have been in the firm since March, 1845—I do not know how long Mr. M'Culloch has been, I have known him in it about ten years—the prisoner has been employed by the firm thirteen years, with the exception of an interval of a few months when he left, he afterwards returned—he has been town-traveller more than four years—thousands of pounds pass through his hinds every year—he had 120l. a year since he has been town-traveller, and his coach-hire, and omnibus hire was allowed him—he had no perquisites—there are no other entries of moneys received on this list—there are entries in the day-book of orders as well as payments—it was his duty to enter payments in the day-book—all amounts he received, art, or ought to be, entered in this way in the day-book—I keep the cash-book—it is here—the cash is entered by me when I receive it, in the cash-book, and then put into the ledger from the day-book—these two sums have not been entered by me in the cash-book—I think when the prisoner first came into our employ he had 80l. a year, but I cannot positively recollect—Mr. M'Culloch left town on Thursday, 3rd July—he was aware this trial was coming on—he was at the Mansion-house on Wednesday, but was not examined—that was the second hearing—the Alderman did not remand this case from the first bearing, expressly that Mr. M'Culloch should appear and give evidence—I cannot undertake to say that the Alderman did not say that Mr. M'Culloch ought to be in attendance on the next occasion, but my impression is he did not—Mr. M'Culloch's name was mentioned—I believe Mr. Cort went to Mr. M'Culloch when I referred him, but not the prisoner—that was on Sunday afternoon, 15th June—the prisoner was taken on the Tuesday-week after—I swear this "4, 2, 51," has not been written here since—I should net like to pledge my oath that it was there when I first saw it, but I believe it was.
MR. ROBINSON. Q. Whose figures are they? A. Mr. Young's—Mr. M'Culloch was at the Mansion-house on the last examination, because I told him I thought he had better go—he gave no evidence—the entries in the ledger are made by the ledger-clerk, from the day-book, and are then checked by the cash-book, which I keep—when I am absent Mr. M'Culloch receives money, but not when I am there—he has received money, and handed it to me if I have not been in the counting-house at the time.
(The prisoner received an excellent character.) GUILTY. Aged 38.—Strongly recommended to mercy. — Confined Twelve Months
MR. PARNELL conducted the Prosecution.
WILLIAM HUGH . I am a cashier, in the London and Westminster Bank, Henry Bosanquet, Esq., is one of the partners—there are others—on 14th May, the prisoner presented this check for 73l. to me—I cashed it, and gave him a 10l.-note, a 5l.-note, and fifty-eight sovereigns—the number of the 5l.-note was 55533, dated 12th April, 1851, and the 10l.-note was 84010, 10th Jan., 1851—he asked for the rest in sovereigns—he objected to some of the old George and Dragon sovereigns, and said they were not liked in the country—I said if he objected to them, I should be happy to give him others for them; and I think out of the fifty-eight he returned me six—when so much gold is taken, we generally ask for the name to be written at the back of the check, and he wrote William Morris (check read—"London and Westminster Bank; please to let Mr. William Morris, or bearer, have the sum of 73l. William Lewis." On the back "William Morris.")
Cross-examined by MR. BALLANTINE. Q. The person whose name is forged is Lewis? A. William Lewis—he has had an account with us for about three years—I do not think he was introduced to us—he had money previous to the check being drawn, and that left a balance of perhaps about 200l.—I cannot say whether this money had been recently paid in or not—there has been a floating balance of 200l., or something more, or something less for three years—I know his writing—this is very like it—I have not got his account-book here—he applied for his pass-book a short time after this check was paid; within a week I should say—I did not give it up myself—I know that a letter was written to him, and three or four days afterwards he had his pass-book—I think the pass-book was returned to us, and he has had it again.
MR. PARNELL. Q. how came the letter to be written? A. Because after this there was a check for 280l., purporting to be drawn by him—he had not enough money on his account—we were obliged to refuse it, and we wrote to him requesting him to call, because he had drawn for more than his balance—he said it was not his check.
RICHARD ADYE BAILEY . I am a clerk, in the accountant's-office, Bank of England. I produce a 10l.-note No. 84010, dated 10th Jan., 1851, and a 5l.-note No. 55538, 12th April—the 10l.-note came in on 2nd June, from the London Joint-Stock Bank, and has the name of "William Morris" on the back—the 5l. came in from the London and Westminster Bank on 4th June, and has also "William Morris" on the back.
JOHN CHARLES SAWYER . I am clerk to Grain and Sons, of Exchangealley, notaries. This 10l.-note has "Clements, Oxford-street, 81st May" on it, in my writing—I was employed to get in some bills for the London JointStock Bank, and got this note from Mr. Clements on 31st May, paid it to my employers, and they paid it into the Joint-Stock Bank.
JOSEPH CLEMENTS . I am a jeweller and silversmith, in Oxford-street. A few days before 31st May, I received a 10l.-note from the prisoner, in payment for a watch he purchased of me—I gave it to my wife to pay when the bill was called for—I was out when the bill was called for—I kept the note in ray cash-box, to which my wife had access—she is not here.
CHARLOTTE HENRIETTA STEELE . My husband is a shoemaker, in Oxford-street. This 5l.-note has passed through my hands—I cannot say from whom or when I received it, but there is a stamp of our mark on it.
GEORGE TREW (City-policeman), In consequence of instructions, and information, on 15th June, I found the prisoner at Barton St. David's, Somersetshire—I took him into custody, and told him I was an officer from
London, and came to apprehend him on a charge of forgery—he said he knew nothing about it—I showed him these two notes (produced) for 10l. and 5l.—one has "James Smith" on it, and the other "James Smith, Portland-place"—I told him his name and address was on them, and his writing had been identified—he then said, "I am sorry to admit that I am guilty of the crime that you charge me with: in an evil hour I have been tempted; I was walking one morning along Oxford-street, and I met with a lot of skittle sharps they invited me into a public-house, and then persuaded me to bet on a game of skittles; I did so, and lost all my money: they persuaded me to pawn my watch, I did so; they won that also: I was then left without a penny; I had not the means of paying for a night's lodging; I thought of a Mr. Lewis, who I knew, so I went and wrote a check, and presented it at the London and Westminster Bank; it was cashed, it was for 16l.; I then started into Somersetshire; I went down as far as Slough by the railway; I then bethought myself, I might as well go back and get some more money; I got out at Slough, and asked the porter for a piece of writing-paper; I then wrote a check for 73l., went up to London to the Westminster Bank the same day and presented it, and it was paid: the cash they paid me had some George and Dragon sovereigns"—he said he asked the cashier to change some of them, because he thought the country people would not like them, and he then went into the country again—all this was said on the way from his father's house to a public-house where I hired a conveyance—I asked him what became of the money—he said he had spent it most all in riding about in horses and chaises, and railway travelling—he said, "What there is left, you will find buried in my father's coal-shed, at the back of my father's house, under some turf in a little bag, the key of which hangs up in the kitchen"—I found the key as he described, unlocked the coal-shed, and found this bag concealed under some turf—it contains a 5l. Somerset bank-note, five sovereigns and 8s. 10d.—Mr. Lewis, who went down with me, was present at the latter part of the conversation, and said to the prisoner, "Have you any of my handwriting by you?"—he said, "No; I have not seen your handwriting for this six months; I have kept it well in my eye"—Mr. Lewis told him he had imitated his writing well—the prisoner laughed, and said, "Yes, I have; I can imitate any man's handwriting"—I searched a box which his father said was his, and found a purse with a duplicate in it of a gold watch pledged for 2l., and forty-two medals, imitation half-sovereigns—I brought the prisoner to London, and on the way he told me he had taken a third check; he was not rightly sure about the amount; he thought it was about 270l., in the name of Lewis; he presented it, and the cashier told him that Mr. Lewis had not got the amount in the bank, and he came out and burnt the check at the first public-house he came to.
Cross-examined. Q. Did you find that his father was Curate at Barton St. David's? A. Yes; the prisoner was living with him—he has a large family, but there was no other part of the family there—I went down on the Friday, apprehended him on the Sunday morning, and brought him to town on the Sunday night—he was not at home till late on the Saturday—I was at his father's till 10 o'clock, with Mr. Lewis—if Mr. Lewis had any communication with his father, it was while I went into the back-kitchen to get the money, leaving the prisoner in his charge for not more than two minutes—Mr. Lewis had no other opportunity than that of seeing the father after the prisoner was in custody; he might have had before—he was at the house all Saturday in my presence, except while I went away for half an hour to make some arrangement with the party that drove us over—I believe the
father partly knew what we had come down about—I did not tell him all—I took the prisoner into custody at 9 o'clock on Sunday morning—he denied being guilty at first, but, almost in the same sentence, admitted what I have stated—before he admitted it, I had not heard him have any conversation with Mr. Lewis—after the prisoner had denied it, Mr. Lewis and him got almost to high words—Mr. Lewis said it was very pretty treatment after behaving as he had to him, after borrowing money, or something of that sort—that was between his denial and admission—I did not hear every word, as I was speaking to the landlord of the King's Head public-house—I will not swear there was not other conversation between them that I did not hear—I never saw Mr. Lewis before this affair.
MR. PARNELL. Q. Were you present the whole time after his first denying it till he made this statement to you? A. Yes; they might have said something I did not hear while I was speaking to the landlord—he was not in the same room, but in front of the inn—I left to go into the kitchen, before the prisoner made the statement.
WILLIAM LEWIS . I am a jeweller, at 42, Gloucester-street, Queen-square, Bloomsbury. On 12th May I had an account with the London and Westminster Bank—this check for 73l. is not my writing, or drawn with my authority—this "William Morris," at the back of it, is the prisoner's writing; and also the "William Morris" on the back of the two Bank-notes; and also these two others—I have had no letter from the London and Westminster Bank about over-drawing my account—I discovered this after I got my pass-book home—I had given a check to a tradesman I deal with, and he said they were rather particular at the bank in cashing my check—I went there, asked for my book, took it home, and discovered this forgery.
Cross-examined. Q. You did not receive any letter that induced you to go and get your pass-book? A. No; I understood there had been a letter sent to me, but I was in the country at the time—I live at 42, Gloucester-street, and sleep there always—I have done so for some weeks past, with my wife and family—before that I lived at Stan stead, in Essex—my wife was there some time—I have been about the country, about my business—I was there about twelve months—before that I lived at 29, Princes-road, Kensington—I think I lived there in 1847—I was not here, that I am aware of, in 1847—do you mean was I in this Court?—I was in the Old Bailey in 1847, as a witness—I did not turn informer in that case—I was a witness against Barr, Brewer, and Ralfs—I was acquainted with Barr before, not with Brewer and Ralfs—I was a witness against Barr, after having been his accomplice, not in swindling a Mr. Kerie at cards—Mr. Kerie had been cheated by Barr, Brewer, and Ralfs—I was not the accomplice of Barr in that transaction—I meant by the word accomplice that I was acquainted with him, that is all—I know the difference between the two words—I was not an accomplice with Barr in swindling Mr. Kerie—I may have known Barr sixteen or seventeen months before 1847, I do not think it was so long—I recollect the name of Carter—I did not introduce Carter to Barr; on my oath, I did not, to my recollection, do anything of the sort; I will swear I did not—I believe I can swear I did not state so when I was examined in the other Court—I do not believe I could have said so; I should not like to swear I did not—I may have gone to Cremorne-gardens in the July of that year—I believe I met either Barr or Carter there, or both.
Q. Before you went, had an arrangement been made between you to pick up a flat? A. I do not remember what arrangement might have been made between us—I do not believe there was any such arrangement—I might
possibly have sworn that—when I was examined—I believe it was so—I believe I did state so—if I stated it, it was on my oath; if I stated it on my oath, it was true—I do not see that that has anything to do with my present position—I have done what I dare say many more have done, gambled; and I have left it off since that time—I believe it was arranged between us that the person who picked up a flat should bring him to town, and that the other two should follow for the purpose of getting him to play at cards—I believe that was my statement at that time—I believe it was true—I saw Barr accost Mr. Kerie, and light his cigar—it is best known to Barr himself whether that was done for the purpose of introducing himself to Mr. Kerie—I could not have arranged it before, because I had never seen Mr. Kerie before—I do not know whether he looked like a flat—he was not addressed by Barr by prearrangement with me—I do not know how much money they won of Mr. Kerie—I believe Barr, Brewer, and Ralfs swindled him out of 1000l.—I did not get any of it, not a farthing; I became a witness—I believe I explained to the Court the way in which the cheat was effected—I do not understand the term, "a stacked pack of cards"—there were packs of cards made up among some of us—I think I had a pack of cards—I do not know whether they were made up in a particular way—it is possible they were made up for the purpose of cheating—you have a greet advantage in this ease; you were counsel for Mr. Kerie—I might have made use of the term, but I do not understand the term—I never played with Barr, Brewer, and Ralfs, in my life—I played with Mr. Kerie—when it was my torn to deal, the cards were dealt fairly—I believe we arranged that Kerie should have an excellent hand—they were contrived to be so dealt that he should have an excellent hand—I do not remember inducing Mr. Kerie to bet 30l. to 5l. on the odd trick if he did do so; I do not know whether he was induced to do so—I might have contrived to give his adversary a better hand than his—if yon think proper, you may take it that the whole was a cheat from beginning to end—it was not, as far as I was concerned—I had no false cards in toy pocket; they were not made up falsely—they were dealt so as to give a good hand to his adversary, supposing I was the dealer—that was not fair; it may have been considered cheating—I considered I was not cheating Mr. Kerie when I was playing—he was cheated by Barr, Brewer, and Ralfs, with cards which I dealt—I did not deal them unfairly; I dealt them in the usual way—I did not dispose of them in an unfair way—I did not arrange the cards so that they should be in particular hands—I did not deal so as to know the cards that were in each particular hand—I dealt fairly—they conspired against him—I did not know at the time that they were conspiring against him—I did not know at the time the game was going on that they were conspiring to cheat him; I had no idea of it—I did not know that they were cheating till after Mr. Kerie lost his money—I then immediately supposed, or rather knew that he had been cheated—I did not see them play, but I knew that Barr and Brewer were agreed friends, and I had heard a great deal of Brewer as being a sharper.
Q. And knowing that, and that he and Barr were agreed friends, and you having gone out with Barr to catch a flat, and then sitting down to play whist together, am I to understand that you did not know they were going to cheat him? A. You are making it all one; some weeks elapsed before they cheated him—I was not present when he was cheated.
COURT. Q. I thought you said that you dealt him a good hand? A. That was at first; I played with Mr. Kerie before I saw Brewer or Ralfs; it was after I went to Cremorne—I never saw Brewer or Ralfs till two or three weeks after we met Mr. Kerie at Cremorne.
MR. BALLANTINE. Q. Did you deal to Mr. Kerie the king, the queen, the knave, the ten, and the nine of trumps? A. It may be possible; I do not remember whether I contrived to keep the ace and the long suit in my own hand—I do not remember whether that was the trick I played off—I do not know whether I swore that it was—it may be possible that I had seven trumps.
Q. And was it any difference what he played, because your ace of hearts would rob him of it? A. I could beat him evidently; I might have contrived to give him a hand that looked so good that nothing would beat it, and myself a hand that was a little better—I told the Court the whole truth at the trial, whatever it was, but I do not remember particulars now—I know I had nothing to do with such men or such a business before I met Barr, and have not since—I may play as other people do—I first met the prisoner at Neath, in South Wales—I was travelling as a jeweller—I had a stock of jewellery with me—I met the prisoner at the Castle, at Neath, where he had dined, and left without paying for his dinner—I did not pay for it at that time, I did afterwards—it was about 2s. 6d. or 3s. 6d.—I was very much taken by the young man—I did not think him a flats; I did not think of such a thing—I thought he was a gentlemanly, respectable young man—I met him again at Swansea, at his own desire—he asked me to pay for his dinner—I had never seen him before—I paid for the dinner a few days afterwards—I paid for it in consequence of being pleased with his appearance and manner, and so on; I had no other object in view—my name at that time was Lewis, as it is now; that is my name; that is the name I was going by at Neath—I did not go by the name of Squire, that I am aware of; it is not very likely I should in my native county.
COURT. Q. Then why did you not say so at once, instead of saying, "Not that I am aware of?" A. Because I was fearful of telling an untruth unconsciously.
MR. BALLANTINE Q. Were you going by the name of Squire? A. No I will swear that—I will swear I did not go by the name of Squire while I was at Neath at all, to anybody—I never used the name of Squire in any transaction at Neath, or anywhere—I never used the name at all, to my knowledge—I believe I can swear so—I believe I never went by the name of Squire or Squires—I will swear that; at Neath, at all events, I never did—I do not know what name I may have gone by in my lifetime—I may have changed my name for any little freak—I have not changed my name from Lewis to Squires; I will swear I have not—I was never called by that name, nor answered to it—I believe I am certain of that—I think I can swear it—I have known several persons of the name of Williams—I do not know anybody of that name who lets out phaetons—I never got a phaeton from a person of that name which I did not pay for—I do not remember getting any phaeton; at least, I have got several phaetons in my time, but I do not remember one from Williams—I did not get one from a Mr. Williams of Swansea, or any person at Swansea; no phaeton, or carriage of any kind—I did not hire one, or buy one; that I am positive about.
Q. Did you go, at Swansea, by the name of Squire? A. Well, as I said before, I do not remember—I might have used a freak of that kind—I do not remember—with respect to the phaeton, I know that Smith went and got one from a stable—the name of Squires may have been given—I do not know whether it was—I used the phaeton—I did not return it—Smith took it back—I went with him in the phaeton—I do not know in what name it was hired—I do not remember whether I have ever heard that it was hired in the
name of Squires—the prisoner might have called me Squires, I do not remember that he did, I do not believe he did—it is very possible that I may have picked up some old acquaintances at Swansea or Neath—I am not aware that Barr was down there—a Mr. Barry was there; he is not the same person as Barr that I know of—he is not the same person—I am not aware that Carter was down there—it might be possible that I was playing cards there; I believe it was so.
Q., Did you know that at that time this young man Was a graduate at Oxford; did you learn that from him? Q. I did; I accompanied him to Oxford—I do not know whether that was because he was a nice young man—he turned out to be a very different man from what I thought of him; he regularly took me in—I made it my business to go to Oxford—I had a collection of pictures which I took to Oxford with me from Bristol—some of them were originals—I did not take the name of Squires at Oxford—I did not take the name of Squires at all, that I am aware of—I might have taken another name for aught I know—I may have done so for some amusement, nothing further—it was not for the purpose of business—I do not remember what name I may have taken for amusement, unless it was my own name of Lewis—I always keep my own name—I said I might have taken another name, because you asked me the question—I believe I did; I really do not know—I am not prepared to answer such questions.
COURT. Q. These are questions which yon must answer, whether you went by another name; and you must know, if you wish to tell the truth? A. I do; I think I went by my own name, Lewis, at Oxford—I believe I went by another name between Smith and me, for amusement, by the name of Prescott, I believe.
MR. BALLATINE. Q. That is to say, he called you Prescott. A. If I recollect rightly he might have done, so—he knew that my name was Lewis—there was no amusement that I am aware of to be got by Smith's calling me Prescott—it was done without any meaning at all, as you must know, at least I should presume so—if you knew I had any wrong intention yon would produce it—I do not know what amusement was to be got from it; a freak, I call it, nothing more—I am not aware that I carried this freak into the shops of some of the Oxford tradesmen, I think not—I did not call myself Prescott at any of the shops of Oxford—I believe I did not—I will swear it, to my recollection I did not.
Q. Will you swear you were not addressed by Smith in shops at Oxford as Prescott? A. He might have called me by that name; if he did it at all, it was in ray presence and hearing—I did not obtain goods in that name.
COURT. Q. Did he introduce you at the shops as Prescott? A. I never had any introduction to a shop by him—I did go into shops with him—if he thought proper to represent me at Prescott, I did not deny it—he represented me as anything he thought proper.
MR. BALLANTINE. Q. Did you hare no bill made out in the name of Prescott? A. No; I had no goods in that name—I was not called Prescott from any motive—if I was called so, it was for amusement, for a freak—I got no goods from Oxford—I did not get any under-graduates to play cards with me—I did not play cards with any of the University-men—I swear that—I believe I played a game of cards one night during my stay there, at the hotel—I do not remember what hotel—I do not think I played billiards; it is difficult for me to swear such a thing—I may have done so—I did not go to a Mr. Sowter, and get a gold chain and eye-glass—I will swear that—I did not get a gold chain and eye-glass at all—I have got many things of that
sort—I had not one from a tradesman at Oxford—I swear that—I believe the prisoner obtained a chain from a Mr. Southgate, or some such name, and I purchased it of him, and paid him for it—it is hardly worth while saying how much I paid him, because he was very much indebted to me—I believe I allowed him 3l. for the chain—I paid him 3l., or 3l. 10s.—I had lent him a considerable sum of money previous to this—I did not give him the 3l., I allowed him for it—I do not know how much it cost—I do not know whether the prisoner's father had to pay for it, to save him from expulsion—I never heard that—I have not heard whether it was paid for or not—I did not get a gold watch and chain of a watchmaker in High-street—I had one—I returned it to the prisoner because he told me the tradesman was not satisfied with his having it, and he wished me to have it, in the first place, for the money he owed me—he came and said the tradesman was very angry with him for getting it, and I returned it to him—I may have gone to the tradesman as at the time it was got—I cannot say on my oath that I was present when it was got—I may or may not have been—I have been to several shops with him as a friend, but never purchased anything—I may have been there as a friend when the watch and chain was got—I cannot say whether I was or not—it is very possible I may have been, I think it is most likely—I might have been there as Prescott, I do not know that I was; it was either Lewis or Prescott;—I should say Lewis, but Smith may have called me Prescott—I might have invented the name of Prescott—I think I did—it may have been the name of some of my mother's relations—it is my business whether it is or not—it is not the name of any relation—I do not know why I took that name, except it was a freak, as I said before—I do not know what the freak was—I do not know that there is a banker of that name—I may have heard it, I believe I have—the prisoner went about with me in his cap and gown—I did not bank with any one in London before I banked with the London and Westminster Bank—I did not bank with any one—it might have been two or three years after Mr. Kerie was swindled out of the 1,000l. that I opened the account at the London and Westminster Bank—I may have had an account there about two years, it may have been three years—it is not four—I do not remember how long it was after I was a witness here that I opened the account—it was twelve months or more—the prisoner was ultimately expelled from Oxford—I was given to understand so; I know that he was—I then accompanied him to Cambridge—at least I had to come to town, and from town I went down to my own house, at Stanstead, and he went to Cambridge—I joined him at Cambridge—I went there to see him—he wrote to me to come over to see him—it is about twenty miles from Cambridge to Stanstead—I went in my own name at Cambridge; I always go in my own name—I believe I had no freak at Cambridge—I played cards there on two or three occasions—I played one night at the prisoner's rooms, and one other night I believe were all the nights I played—I played with young men at college—he was not obliged to leave Cambridge from this going on—I believe he entered at Cambridge—I believe he was obliged to withdraw his name—I went down with Trew the officer to his father's house—I spoke to his father—I did not offer to settle the matter if his father would pay me 80l.—his father wished me to do something of the kind—I did not offer to take his father's bill for 80l.—his father is a clergyman—he has formerly been a dissenting minister—I did not press him to give his bill for 80l. to settle the affair—I did not offer to take one at three months, or any date—I told him I was very reluctant to see his son prosecuted, and any thing I could do for him I should be very willing to do so—he was taken into custody on the Monday morning—he denied at first,
in the house, that he had committed any forgery; at least he denied the knowledge of the notes, he did not deny the forgery—he and I did not have any communication afterwards before he made the confession—we had no conversation of any kind, only before the officer—I should presume that he beard all that passed—he was standing by—he had been talking to the man of whom he ordered the trap—I am not aware that Trew left me with the prisoner—he stood by the whole of the time—we were not in private conversation for ten minutes or a quarter of an hour, nor for five minutes—I swear that I had no conversation with him alone, or out of Trew's hearing—I did not tell him to confess, and that I would not appear against him, nor that it would be better for him; nothing of the kind—none of the things obtained at Oxford or Cambridge have found their way to my house at Stanstead—nothing but what I paid for—one little case of dessert knives, that I purchased myself, found their way there—nothing else except garments that I exchanged with the prisoner—when I met him in Wales, I lent him some of my clothes—he had pawned his, and I had one or two of his things in exchange for mine—I understood that he was going to attempt to enter at Cambridge—I lent him the money to do so—I knew at that time that he had been expelled from Oxford—I did not give him a certificate of character, nor procure one for him.
MR. PARNELL. Q. You lent him the money, did he repay it you? A. No; I saw him last at Cambridge before seeing him at Barton St. David's—that was six or seven months ago—I had not seen him at all between those times—I wrote a letter to him when he first left Cambridge, and I had one answer—there had been no more communication between us than that.
COURT. Q. You say you received no letter from the London and Westminster Bank about these checks? A. No; nor about any checks about that time—there had been a letter forwarded to my address at Prince's-road, but having removed from there it was returned to the bank—I travel about the country a good deal—I went and got my pass-book, in consequence of having given a check to a tradesman, who told me there was a dispute about paying it—when I got my pass-book I went home to my house in Gloucester-street—I examined it that same day, and found that these two checks had been drawn—I took back the pass-book immediately; the same day—I believe I discovered the forgery the same day I got the pass-book from the bank, and I went back immediately to the bank—it may be it was the next day that I went—I really could not swear whether I went next day, I think it was the same day, immediately I discovered it I went—I can swear positively it was not three or four days after—I could almost swear it was the same day—it may have been the next day.
DAVID NICHOLLS . I am one of the cashiers at the head office of the London and Westminster Bank, at Lothbury. On 13th May last, a check for 16l. similar to this (produced) was presented to me by the prisoner—ours was the wrong office at which to present it—I told him we had no account there, but we had one in the name of William Lewis, at the Westminster Branch, St. James's-square; and he went away.
THOMAS AUGUSTUS DOWSE . I am cashier, at the St. James Branch, of the London and Westminster Bank. On 13th May I cashed this check for 16l.; I gave for it a 5l.-note, No. 44791, dated 12th March, 1851, a 10l.—note, No. 44057, dated 5th Dec, 1850, and a sovereign.
RICHARD ADYE BAILEY re-examined. I produce those two notes—the 10l.-note was paid in on 15th May, by Glyn's, and the 5l.-note by Sir Claude Scott's on the same day—they both have the name of James Smith on the hack, and one has "Portland-place" in addition.
FREDERICK POOLE . This 10l.-note has an initial of mine on it—it came into my possession on 13th May—it was taken for a watch and guard—I have seen the prisoner before, but I could not swear to his being the person that gave me the note—the person wrote the name of James Smith on the back—I cannot say when I paid it away, or to whom.
HENRY GRATTAN . I am in the employ of the Great Western Railway Company. This 5l.-note passed through my hands on 13th or 14th May—I cannot tell what ticket the passenger took who paid it to me—it was most probably paid by a passenger.
FREDERICK HOWSE . I am a porter, at the Slough station, on the Great Western Railway. On 14th May, I recollect a gentleman stopping at the station—he gave the name of Smith—I cannot call the prisoner to my recollection as that person—he left his luggage in my charge—after being there some time, he asked me for some writing-paper and ink—I gave it him, and saw him at the desk—he gave me 1s.—he went back to London, I believe—I showed him over to the other station—the luggage was sent to Bridgwater the next day, by the superintendent's direction.
GUILTY. Aged 21.—Strongly recommended to mercy by the Jury, who at the same time expressed the strongest indignation at the conduct of Lewis.— Judgment Respited.
NEW COURT.—Monday, July 7th, 1851,
PRESENT—Mr. Ald. FARNCOMB; Mr. Ald. LAWRENCE; and Mr.
Before Mr. Common Serjeant and the Fifth Jury.
GUILTY . Aged 10.— Confined Six Months.
BENJAMIN HERSCHEL BABBAGE . I was on Tower-hill on 1st July, about 4 o'clock in the afternoon. I passed Golding's offices, and just afterwards I missed my handkerchief—I turned, and saw the prisoner within two or three paces of me, looking into the offices—I seized him by both arms, and saw him drop my handkerchief from his right hand—I pushed him into the office—a friend behind me called a policeman, who came and took the prisoner—he said, "Let me go, I am starving"—this is my handkerchief—it has my initials on it.
GUILTY † Aged 17.— Confined Six Months.
JOHN GARRATT . I keep the Copenhagen House, at Islington. On 29th June, about 8 o'clock in the evening, I was spoken to—I went in my background, and saw the prisoner and a great many other persons—I asked the prisoner what he had about him—he said, "Nothing"—I felt him, and found this pot under his jacket, on his left side—he wished me to let him go.
(The prisoner was further charged with having been before convicted, to which he pleaded
GUILTY. Aged 25.— Confined Twelve Months.)
GUILTY . Aged 19.— Confined Six Months.
SIMONS—Aged 18. Confined Six Months .
KOPOSKY—Aged 19. (There were two other indictments against the prisoners).
SARAH HORATIA PHILLIPS . I live in Regent-street, and manage a warehouse for my brother, John William Phillips, and another; the prisoner was, their porter. On Wednesday, 18th June, about half-past 5 o'clock, I observed the till-drawer in the counting-house—there was gold and silver and a 5l. Bank of England note in it—I looked at the till again about 9, and the 5l.—note was gone—I saw the prisoner in the shop between 7 and 8; he was waiting for parcels—he would have to go in the counting-house for paper, and string for parcels—I counted the gold at night, but did not miss any.
Cross-examined by MR. WOOLLETT. Q. How many persons has your brother in the shop? A. Four, beside domestics—they would all have access to the shop in passing through—we have another shop a few yards off—there is frequent communication between the two shops with the porters—all the young persons in the shop give change from the till; they have all a right to go to the till—when I missed the note, I asked the porter to look in the sweepings—I thought it was very improbable that it might be amongst them, but it might have occurred—I was not away during the three hours and a half, but I did not go in the counting-house—I was in the shop waiting on customers—I could not say that I never went out of the shop—I believe my brother had a good character with the prisoner—I cannot identify the note.
Cross-examined. Q. Did you know the prisoner? A. Yes; I had not heard of the loss of the note—Mr. Phillips came, soon after—he asked if I had changed a note, and I told him.
JESSE JEAPS (policeman, C 146). I took the prisoner at 198, Regent-street. I asked him what money he had about him—he took from his pocket two sovereigns and four half-sovereigns—on the way to the station, he said he was very sorry, but he picked it up in the room.
JURY to SARAH PHILLIPS. Q. Was the loss of the note mentioned to the prisoner? A. Not particularly; it was made known to every person in both houses—I told the other porter to look for it.
NOT GUILTY .
BLOWES pleaded GUILTY . Aged 30.—She received a good character,— Confined Twelve Months.
WILLIAM HITCHCOCK (City-policeman, 635). On Saturday morning, 28th June, I received information from Mrs. Moreton—I took Martin, and took her to Moor-lane station—in taking her from there, a woman came up and put this piece of paper in her hand, on which was written, "Know not. "
CHARLOTTE MORETON . I live with my mother, at 12, Camomile-street. On Friday, 27th June, about 9 o'clock in the evening, I saw the prisoners—they asked me to let them go to the water-closet—they went—when they came out they went up-stairs with me, and Martin helped roe to make the bed, while Blowes sat at the window, near the drawers—I said to Martin, "Mind the watch does not fall"—it had been under the pillow, and had fallen the night before—I did not see it that day—I went down-stain, leaving the prisoners there—they were there about three-quarters of an hour—I then put my things on, and went to the Green Dragon, to my mother's—at I was going, the prisoners wanted me to go into a public-house, but I would not—I went to my mother's, but I did not tell her the prisoners had been with me—I knew Martin—she had charred for my mother; and I had seen Blowes at my mother's house before—Martin said to me, "If ever your mother turns you away, there is a home for you"—I had not been talking to her about my mother turning me away.
Martin. I never said any such thing, and the bed was not made, and that you know very well; I was in the yard; this other woman went up-stairs with you. Witness. Martin went up-stairs with me to make the bed.
HARRIET MORBTON . I am a widow; I keep the Green Dragon tap, in Bishopsgate-street, and live at 12, Camomile-street. Martin had been employed by me as a charwoman, and my daughter knew her—about 4 o'clock, on Friday afternoon, 27th June, I saw my watch safe on the drawers—I had not employed Martin at that time, and she had no business to help my daughter make the bed—I sent my daughter to my lodging between 8 and 9 that night, and she was to come back to have her supper and go to bed—she was gone nearly an hour—she did not tell me anything when she came back—this is my watch—I generally wore it on Sundays, at other times I left it on the looking-glass—it is worth about 3l. 10s.—this guard-chain was to it—I gave 4l. 10s. for the chain—I have apartments at 12, Camomile-street—the house is owned by Mr. James Perry—he lives in it.
Martin's Defence. I was with my sister-in-law, in Bishopsgate-street, waiting for my husband, and Charlotte Moreton came to me, and said she was going to water the plants in the private apartments; I asked her to let me go into the yard; I went into the yard, and she and my sister went up-stairs together; Charlotte came down, and I went up and told my sister I was going; I left Charlotte in Camomile-street; I then lost sight of my sister, and did not see her again till she came on Monday to the Computer; I am quite innocent of stealing the watch, or knowing anything of it; when she took it I was down-stairs; when the policeman took me I was in bed
with my husband and child; I have worked nearly five years with Mrs.
Moreton, and never was charged with dishonesty.
(Martin received a good character.)
MARTIN— NOT GUILTY .
JOHN WHITE . I am a constable of the East and West India Docks. On the evening of 29th June the prisoner was brought to me by the steward of the ship James Holmes, who told me he had lost an eight silver-keyed flute, and the prisoner was found on board the ship—the prisoner said he was looking for his shipmate, Bill—I searched the prisoner—he was wearing this pilot-cloth jacket over all his things—he had this pair of trowsers on, and this other pair between his legs—he was wearing this shirt—I asked him how he came by them—he told me be went on board, and bought them of a boy for half-a-crown.
WILLIAM MUIR . I am carpenter of the ship Lotus, which laid next astern of the James Holmes, in the West India Export Dock. This jacket is mine—it was safe on board the ship in the morning of 29th June—I did not see it, but I felt it under my head, and missed it that night—I do not know the prisoner—he had no business with my jacket at all.
JAMES EVANS . I belong to the ship Lotus. These two pairs of trowsers and shirt are mine—this pair was in my berth—this other pair and the shirt were in my chest—I had this pair on the morning of 29th June—I took them off, and left them in my berth, and went on shore—on Monday morning I came on board, and missed them, and the other things.
Prisoner's Defence. A boy came on shore, and asked me to buy the things, and I did.
NOT GUILTY .
1435. THOMAS ERSKINE SOUPER , embezzling 10 Bank-notes, value 600l., 10 sovereigns, 60 half-sovereigns, 50 half-crowns, 60 shillings, 60 sixpences, and other moneys; of William Blandford, his master: also, stealing an order for payment of 14l. 1 sovereign, and 14 shillings; of William Blandford, his master: other COUNTS, of the Thames Plate Glass Company: to which he pleaded
GUILTY . Aged 43.—He received an excellent character.— Confined Eighteen Months.
OLD COURT.—Tuesday, July 8th, 1851.
PRESENT—Sir CHAPMAN MARSHALL, Knt.; Ald.; Mr. RECORDER; and Mr. Ald. SALOMONS
Before Mr. Recorder and the Second Jury.
GUILTY . Aged 48.— Confined Six Months.—He received a good character.
GUILTY . Aged 22.— Confined One Day and Transported for Ten Years.
MR. RYLAND conducted the Prosecution.
JANE PENNICOTT . I am the wife of Thomas Pennicott, of 41, Hall-street, City-road. The prisoner was in my service five weeks—on Sunday, 15th June, I went to bed about a quarter-past 12 o'clock at night, leaving the prisoner up to attend to the lodgers—she slept in the kitchen—no one was in the house but her and me and the lady and gentleman who lodge there—I sleep at the top of the house—the prisoner had given me no notice to quit—I got up about half-past 9, and found the plate-basket in my room, which was not there the night before, and never used to be brought there—I missed my dress from my bed, my purse and money, three sovereigns, three half, sovereigns, and I think 7s. were in the pocket the night before—I found my dress on the prisoner's bed in the kitchen, and missed the purse and money from the pocket—my room-door had not been locked—I was not disturbed in the night—my husband was from home—I have never got my purse or money—I counted it before I went to bed.
JOHN BUSBRIDGE (policeman, G 81). I found the prisoner on 23rd June in Bunhill-row, and said I took her for a robbery at 41, Hall-street—she said, "They must prove that first"—she was searched at the station, but nothing was found on her.
Prisoner's Defence. Mrs. Pennicott did not allow me enough beer for supper, and I went out to get some; when I came back she bothered me very much, and I left—she had not her clothes off, and was not gone to bed when I left.
NOT GUILTY .
(MR. RYLAND offered no evidence.)
NOT GUILTY .
ELLEN CONOLLY . I am barmaid at the Black Prince, Chandos-street, kept by Stephen Davis. The prisoner was his servant of all work—I have charge of the plate—it was kept in the bar, in the drawer over the till—on 21st June, about 3 o'clock in the afternoon, I had taken and used a spoon, and put it on a shelf in the bar, over the bread-drawer—the prisoner came into the bar in about five minutes to get some bread—I was attending to customers, and did not see her do anything—I afterwards missed the spoon, and inquired of the prisoner; she said she knew nothing at all about it, and said, "You are always bothering me for your spoons, you have no business in my kitchen"—this is the spoon (produced)—about five minutes afterwards, a person named Kelly came in—I had missed a handkerchief from a drawer on 12th June, and asked the prisoner about it—she said she had never been to my drawer, and knew nothing about it—the officer found it in the prisoner's drawer—Kelly had not been in the bar that day.
CATHARINE KELLY . I am a widow, and have a fruit-stand opposite the Black Prince. I had come out of the workhouse on the Thursday, in the shoes they gave me to wear—I sold them to the prisoner for 18d.—I went for the money on Saturday morning—she said she had not got the money till the evening, and gave me a spoon like this to pawn for 3s.—I was to take 18d. and give her 18d.—she told me to give any name but her own, and I pawned it in the name of my first husband, Nicholls—I did not know her
name—Mr. Collins did not give me any money, but sent me for the prisoner, and she would not come—I was taken into custody, and examined by the Magistrate—I Said at first that I got the spoon from the servant; that was not true, and I told them so after I was taken—what I have stated to-day is true.
GEORGE DUNHAM (policeman, F 57). I went to Kelly, and found out Mr. Collins's direction from her—I received this spoon from the inspector—I went to the Black Prince, and saw the prisoner—I told her I wonted to see Mr: Davis, he came to me, and I took the prisoner into custody—I had taken Kelly previously—I searched the prisoner's drawers, and found this handkerchief, which Connell said was hers.
GUILTY . Aged 23.— Confined Three Months.
NEW COURT.—Tuesday, July 8th, 1851.
PRESENT—Mr. Ald. FAREBBOTHEER Mr. Ald. FARNCOMB; Mr. Ald. SALOMANS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Sixth Jury.
GUILTY . Aged 14.— Confined Four Months.
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 28.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
WILLIAM HARDING . I am a miller, at Acton. On 14th June, about 8 o'clock in the evening, a person, who I believe was the prisoner, came to my house for three half-penny-worth of oats—he gave me half-a-crown, and I gave him change—I put the half-crown into my pocket—I do not think I had any other there at that time, but I put in two other bad half-crowns—these were the only three I had in my pocket—I took a bad half-crown half-an-hour afterwards from another man, and that induced me to look at the three, and I found they were bad—on 18th June the prisoner came again for a quarter of a peck of peas—I recognised him—he gave my wife a bad half-crown—I told him I suspected he was the man who came on the Saturday before; he denied it—with respect to the half-crown Be brought on the 18th, be first said he had been working in the country, and had brought it up with him—he then said he brought it from Yorkshire with him; and then he said some men on the road gave it him to go and get some peas to make some soup; but who they were, or where they lived, he could not tell—while I was holding him till the policeman came, he said I might as well let the poor b—go, for I could only give him a week for it if I held him—I gave the other man in custody on the 14th, and he Was discharged, after being detained a fortnight, I believe.
STEPHEN LINNEY . I am a boot-maker. On 14th June I was standing at the stable-door, and the prisoner came and asked me for a small quantity of oats—I am positive he is the person—I called Mr. Harding, and he served him—I saw the prisoner pass some money to Mr. Harding.
EDWARD EARTHY (police-sergeant, T 19). On 14th June I received from Mr. Harding four half-crowns—these are three of them—on 18th I received another half-crown from him, and the prisoner was given into custody—this is it—the prisoner said a drover gave it him on the day previous at Barnet.
Prisoner's Defence. I was down in the country to look for work, and I met a drover, who gave me the half-crown.
GUILTY . Aged 24.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
WILLIAM SUTER . I keep the Devonshire Arms, Camden-town. On 13th June, about 8 o'clock in the evening, the prisoners came to my house; Darley asked for a pint of porter, and paid me with a bad shilling—I asked if he bad any more like it—he said, "No"—I told him I thought it was not the first he had brought—he said, no, and he hoped it would not be the last—I sent for a policeman, and gave him the shilling—Clarke was standing by; he had been talking to Darley as they came in—Clarke told me, while the policeman was coming, that he met Darley outside the door, and he asked him to come in with him—when the policeman came, Clarke took two good shillings out of his pocket, and said that was all he had.
CHARLES CLOKE (policeman, S 85). I was called into the Devonshire Arms on 13th June—I took the prisoners—I found on Darley one halfpenny—I was going to search Clarke, and he took out 2s. from his pocket, and said that was all he bad, and I was quite welcome to search him—I put my hand into the same pocket, and took out this counterfeit shilling—this other is the shilling I received from Mr. Suter—on the way to the station Clarke said he met Darley in the street, and asked him to go and have some beer.
(Darley received a good character). DARLEY— NOT GUILTY .
CLARKE— GUILTY . Aged 24.— Confined Six Months.
THOMAS KAY (policeman, H 101). I saw the prisoner going out of the Tower on 26th June, about 6 o'clock in the evening—there was a person named Bacon with him, who was carrying a basket—Clarke came up to me, and gave me a pass, which was a permission for them to go out with their tools—it said "Pass smith with tools"—I said, "Have you got anything but tools?"—he said, "No; it is all right, I have nothing but tools"—I said, "Let me see, and then I shall know whether you have got anything else"—Bacon put the basket down, I examined it, and found under the tools this bag, containing 2 lbs. 6 ozs. of brass, and 71/4 lbs. of lead—I said, "Your pass specific tools, it says nothing about brass or lead; I cannot let you pass till I see Mr. Daly"—they both said they knew nothing about it—when Mr. Daly came, they both begged very hard for mercy from him.
Cross-examined by MR. WOOLLETT. Q. Do you know a person named Downey connected with the work. A. No; I have been in the Tower
three years; there are twelve policemen there; there is always one at the front and the back—if the prisoner had gone the other way, he would not have passed me, but he might have passed several policemen—there might have been thirty or forty men went out at half-past 5 that night—some men work overtime till 7—there are perhaps a hundred labourers and mechanics employed there—when I wished to search the basket, Bacon immediately put it down, and the prisoner stood by—the prisoner said he was not aware that these articles were there—I told the prisoner to go for Mr. Daly, and he did.
JAMES DALY . I am foreman of the works in the Tower—the prisoner was employed under me, and Bacon was employed to attend the prisoner as a labourer—I saw them at work about a quarter-past 5 on 20th June—I know this piece of brass to be part of a brass cock that the prisoner was fixing to a tank—I could not identify this lead; it is such as he was using—when I was up at the Tower, where he was working, he said, "I want a pass for my tools"—I told him I was going to the office, and I would write him one; I did so, and he came and got it, and presented it to the policeman—there was no authority for him to take out brass or lead, but only smith's tools—there is a store in the Tower where all materials are put—this brass belongs to the Board of Ordnance.
Cross-examined. Q. Do you know Mr. Downey? A. Yes, he is a clerk employed in the Ordnance at the Tower—he is under me; he keeps the key of the stores, to give the stores to the workmen during the time they are employed—I do not know this bag; I believe it belongs to the prisoner—these articles are worth about 2s.—the prisoner had been employed on the Ordnance works six or seven weeks—it would be his duty to collect these pieces, and either send them to Mr. Downey, or take them himself—Bacon begged me not to notice it, as he did not know about the brass and lead being in the bag; and the prisoner said—he knew nothing about it—there was nothing about begging for mercy, in the literal sense.
WILLIAM HENRY BACON . I am a labourer, and was employed to assist the prisoner—I was stopped by the officer when I was going out carrying a basket—this bag belongs to the prisoner; it was brought there with some resin in it, to be used in the joints—these bits were put in the bag for safety that they should not be lost, and the bag was thrown in the basket, and I was carrying the bag out—the prisoner told me to pack up the tools, and he would go and get the pass.
Cross-examined. Q. When you fetched away the basket you did not observe what was in it. A. No.
NOT GUILTY .
CUMMINGS pleaded GUILTY . Aged 10.— Confined Fourteen Days .
CHARLES THORPE . The boy Cummings was in my service—I have seen this brush; it is mine—it is iron-bound—I saw it safe on 18th June, about the middle of the day, and missed it next morning—I spoke to Cummings about it; be confessed it, and said he sold it for three-halfpence—at the station he said something, and I went with the officer to Garcha's, and saw him—his house is a private house; there are a few things in the window—I went in by myself, and asked him if he had any old paint brushes for sale—he said he would look, and he found an old one covered with paint, but it was not mine—I said it would not suit me, and asked if he had any more—he said, "No"—I went out to the officer, who was outside, and went in again with him—I then asked Garcha if he had bought a brush of a boy Over
night—he said he had, and he looked about the house for it; after looking about five minutes he could not find it; he said they had had the sweeps there the night before, and he thought they had taken it—then we all began to look about, and in about two minutes, Garcha found it lying in the fender, with a kind of rug over it—he said that was the brush he bought; it is mine.
Cross-examined by MR. ROBINSON. Q. What are you? A. A paper-stainer—I have no doubt about this brush; I might have had it nine months—I gave it to my apprentice—he had it for his work—he did not know his business, and if he did not work quick, the lad who used the brush with him would not work quick—I do not remember that Garcha told me that he asked the boy he bought the brush of, where he got it—I did not pay very great attention—I told him the boy said he sold it to him for three-halfpence, and he said, "Yes"—it is worth a shilling to me.
WILLIAM HOWE (policeman, H 168). I went with Mr. Thorpe on 19th June to Huntingdon-street, where I saw the prisoner Garcha—we asked him if he had bought a brush of a lad the night before—he said he did, and gave three-halfpence for it—I asked him to produce it—he looked about five minutes, and found it in a fender—this is it; he was given into custody—I asked him if he would allow me to look over his premises—he said, "You are very welcome"—I looked, and found another brush.
(Garcha received a good character.)
NOT GUILTY .
GUILTY , Aged 18.— Confined Four Months.
ROBERT MANCE . I am in the service of Mr. Hawkins, an oilman in Bishopsgate-street. On Tuesday, 24th June, I saw the prisoner at my matter's shop—I paid him 12s. 3d. for three dozen and a half of packing bags, which we use in our business—I paid it for Mr. Hawkins to Mr. Weaver—the bags had been left some days before the money was paid—I told the prisoner the price would not do which bad first been asked; that Mr. Hawkins would not give it, and after some hesitation he agreed to take 3s. 6d. a dozen, and I paid him 12S. 3d.
Cross-examined by MR. ROBINSON. Q., Had you known the prisoner before? A. No; I swear he is the man—I did not see him afterwards till he was before the Magistrate—I am warehouseman—I am in the habit of paying the persons who are paid in petty cash—sometimes I may pay a dozen in a week—I may pay twenty, and sometimes not any.
WILLIAM WEAVER . I deal in bags. I have employed the prisoner for the last three months to get orders for me—he was paid by commission for what orders he got—it was part of his business to receive money for me, which he was to pay to me every night—these bags were delivered on Thursday morning, and on the Tuesday night following I asked the prisoner, when he returned, what business he had done—he said, "I expect some orders tomorrow, which I will give you an account of to-morrow"—I said, "Have you been to Mr. Hawkins, in Bishopsgate-street?"—he said, "Not to-day; I was there yesterday"—I said, "Have they paid for those bags?"—he said, "No, they have not"—I said, "I called there this afternoon, and they told me they paid you this morning"—he said, "I can assure you they have not, and I can bring proof that they have not"—I said, "That won't do for me; the best thing you can do is to give me the money"—he said, "I can assure you they have not"—I was then called down, and when I returned he was gone to bed—I got an officer, and gave him in charge.
Cross-examined. The prisoner never received any wages? A. He was paid when he brought in money; his commission on these articles was 1s. 3d.—I should have paid him that money if I had had 14s. for them, which he ought to have brought me; he had no business to receive 12s. 3d.—he had no authority to make any abatement whatever.
(The prisoner received a good character, and a witness engaged to employ him.)
GUILTY. Aged 26.—Recommended to mercy by the Jury. — Confined Fourteen Days .
GUILTY . Aged 22.— Transported for Seven Years .
JANE WALKER . I am single. Kenny was in my service—she came on 6th May, and about a month afterwards I missed some wine glasses, some dresses, a visit, night-cap, and some wine—the wearing apparel was in the chest of drawers in ay bed-room—I had seen all the articles safe when she entered my service—the drawers were not locked—I spoke to Kenny about it, and she told me that some other person had something to do with it—I went out with her to find the person, and she then said she could not find the person—I gave her in charge—on the afternoon before I went before the Magistrate, a little boy came and told me something—I went for a policeman, and I and the policeman saw Corrigan standing in the street—I had seen her on the Saturday before, so that I knew her; she had been speaking to Kenny at my gate—I went to her, and said, I wished to speak to her—she said, "I don't know you,"—the little boy came up, and I asked him if she was the person—he said she was the person who had sent him to my house to tell my servant that she wanted to see her—I then gave Corrigan in charge—I had received a character with Kenny from Corrigan, who called herself Mrs. Robinson—this ribbon is mine, and was amongst the rest of the things that were taken.
Corrigan. Q. How came you to think I am the person who gave the character? A. You are the person—you told me she was a good servant, and left you because she was too good a servant—you said you were a lodging-house keeper.
ELLEN FARRA . I am searcher at the Brompton station. I searched Corrigan; I found in the pocket of her under-petticoat, a purse and two duplicates, and in the pocket of her dress this ribbon, and this veil—she wished me not to give them up to the police.
ELI BARTLETT (policeman, B 363). Corrigan was given into my custody for receiving stolen property, and giving a false character—she denied knowing the prosecutrix, and said they could not charge her with stealing, for what she had she had bought and paid for.
Corrigan's Defence. I bought the property, and paid for it; I did not know it was stolen.
CORRIGAN— GUILTY . Aged 21.— Transported for Seven Years .
having got another situation to which I recommended her—after she was gone I received information, and went with an officer to where she was gone—I saw the prisoner, and asked her for the bundle she had with her—I saw the bundle, and found in it this sheet and towel which I know to be mine—I charged her with stealing them—she said she had taken the sheet, intending to wash it, and return it—the towel she could not account for.
Cross-examined by MR. HORRY. Q. Had you another servant named Smith? A. Yes; she did not give me information—I got it from the prisoner's new mistress—I went and found the bundle tied up—I did not see the bundle before it was taken away from my house—the prisoner left at half-past 8 o'clock in the morning, and I went about 10 the same evening—there was no disguise about where the prisoner was going—Smith is still with me—while she and the prisoner were with me I lost property—I tried to find who the thief was—I did not leave money about as a trap—on one occasion I left my purse under my pillow, where I usually keep it at night—there was about 20l. in it—the prisoner brought it me—she might on another occasion have returned me half-a-crown: I have no recollection of it—I do not know of any quarrel between Smith and the prisoner—they slept together—I do not know that the prisoner had just come from Ireland when I employed her—she stated she had been here twelve months, and a person gave her a twelve months character.
WILLIAM REDMOND (policeman, E 127). I went with the prosecutor to where the prisoner was—we found the bundle, and these articles—she said she met with an accident and wetted the sheet, and she took it to wash, and to return it; she could not tell how the towel came in the bundle.
(The prisoner received a good character.)
NOT GUILTY .
JOSEPH GARRATT . I live in Spencer-place, Goswell-road, and am a carpenter. I was working at Mr. Bousfield's, in Houndsditch, on a Saturday, about three weeks back—the prisoner was not at work there—I left my tools at 5 o'clock, and I went again, on Monday morning at 6—my tools and basket were gone—these are them—these two planes are mine—the others are my fellow-workmen's, but I was using them—the prisoner had been at work there.
Cross-examined by MR. METCALFE. Q. You had not seen the prisoner there on that Saturday? A. No; not where the tools were—I had seen the tools on the Saturday, till probably within ten minutes of my leaving—a man named Lewis was working there—I discharged him on Monday morning by order of the foreman, in consequence of stealing some tools.
MARIA LAZARUS . I am wife of Aaron Lazarus; I keep the shop in Harrow-alley. On Sunday, 15th June, the prisoner came to me between 5 and 6 o'clock, and said, "Will you buy these tools?"—I said, "No; I don't buy anything of strangers; we only buy of pawnbrokers, and at sales"—he said, "I am no stranger, I pass here every Sunday; they are my own property; if the pawnbrokers were open I should pawn them—I can't get my living any longer as a carpenter, I must work as a blacksmith"—he asked 6s. for them; I gave him 4s. 10d.
Cross-examined by MR. BALLANTINE. Q. Have you not said it was another person who brought the tools? A. No; I am sure of that—I sell
tools and other things: not everything—I know the prisoner by his appearance—I had seen him before passing the lane—he had never been in ray shop—we have no persons who come to sell tools—we never bought any tools at the door from anybody but the prisoner—we sell tools—none of the tools in our shop were bought at the door but these—I am sure it was after 5 I bought them, and I believe it was before 6—I was just going to have my tea—I generally have tea at 6, or a little after—I really cannot say whether it was before 6, it might have been a few minutes after—I have always been sure it was the prisoner—I was taken to Mr. Bousfield's shop to look at the man—I know the prisoner by his face, and his voice.
Cross-examined. Q. You really knew him by his voice? A. Yes; he had a squeaking voice—he had a cold.
Witnesses for Defence,
WILLIAM NEWLAND . I am potboy, at the Anchor and Crown, High-street, Great Garden-street, Whitechapel. I know the prisoner—on Sunday, 15th June, he came to our house about half-past 3 o'clock—he had been drinking—I served him a pint of porter—he sent me for John Hayes, and Hayes came and joined the prisoner shortly afterwards—I cannot say how long the prisoner remained in the house—I had occasion to go out at 9 with beer—I had not noticed the prisoner going out—our house is three quarters of a mile from Harrow-alley.
COURT. Q., How soon did you go to Hayes? A. In less than a quarter of an hour afterwards—I saw the prisoner between 4 o'clock and 9, off and on—I never left the house—whether he left the house I do not know—a good many people came in and out.
JOHN HAYES . I am a shoemaker. I have known the prisoner about two years—on Sunday, 15th June, Newland came to my place and said Kay wanted me—I went to the Anchor and Crown—I found Kay—we had some beer, and we sat there for two hours and a half—it was past 6 o'clock when I came out—during that tine I had not lost sight of the prisoner.
(The prisoner received a good character.)
NOT GUILTY .
CECILIA MORAN . I am the wife of Bartholomew Moran, we live at Westminster—the prisoner was in my service four weeks—she went away on 6th June—on the morning she went I missed this shawl, and this cellar from the kitchen where she slept—they bad been safe the Right before—I gave information to the police, and afterwards gave the prisoner in charge—these articles are my husband's.
Prisoner. She gave them to me for a month's wages. Witness. No; I did not—I gave her three gowns, a pair of stays, a bonnet, a cap, and a pair of shoes when she came to me—I did not give her these articles.
WILLIAM MILLERMAN (policeman, B 95). I received information from Mrs. Moran, and went with her to Warwick-street. I found the prisoner—she was charged with stealing a shawl, and several other articles—she gave me this collar, and said I should find the shawl at her sister's in Adam's-buildings—I went there and got it—this is it—the prisoner said she had not been paid her month's wages—she afterwards said she took the shawl.
Prisoner's Defence. I was engaged at 1s. a week, and the articles were given me in lieu of wages; I left my own shawl at Mrs. Moran's.
MRS. MORAN re-examined. She did leave her own old shawl—the constable saw me leave it at her sister's—I treated her with the greatest kindness—she came to me without a stitch on her, and I clothed her.
GUILTY . Aged 16.— Confined One Month .
OLD COURT—Wednesday, July 9th, 1861.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Justice CRESSWELL; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. HUNTER; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Third Jury.
GUILTY . Aged 34.— Transported for Fourteen Years .
Before Mr. Justice Cresswell.
GUILTY . Aged 32.— Transported for Ten Years .
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
ANN RICE . I live at Notting-hill-square. On 4th June I wrote this letter to my daughter, and put this 10l.-note into it—this is a memorandum of the number and date, which I made at the time—I fastened the letter, and also stuck on a black medallion wafer—I took it to the post-office at Notting-hill, kept by Miss Underwood, and gave it to her, with a 6d. for the registration-fee, desiring that it might be registered—Miss Underwood was busy, and put the letter into a glass book-case behind her, and asked me to call again for the receipt—I asked to see the letter again, to see that I had left the right one, and the prisoner handed it to me—I merely looked at it, and left it in her hand—I then left the shop, and called in half or three-quarters of an hour for the receipt, which I received from Miss Underwood—I do not recollect whether the prisoner was present—I afterwards heard that the letter was not right, and made an application to the Post-office.
SOPHIA UNDERWOOD . I live at Notting-hill, and keep the post-office; The prisoner was my servant, and used to assist me in getting up the letters and stamping them—on 4th June Mrs. Rice handed me a letter—I believe this to be the cover of it (produced)—I was making up the 4 o'clock delivery—I received the 6d. for the registration, and asked her to come again for the certificate—I put it into a glass-case behind me, in the prisoner's presence, till I had an opportunity of registering it—Mrs. Rice came again, about 5, and I marked "Registered letter" on it, and stamped it—this is my mark in red chalk—I tied it round with string, entered it on the bill, and gave it to the letter-carrier when he came—there was no other registered letter that dispatch—the prisoner had access to the glass-case—I may have been out of the shop at the time the letter remained at the office; I do not recollect it—the prisoner was with me nearly the whole of the time.
Cross-examined by MR. O'BRIEN. Q. You tied the letter up separately with string? A. I tied string round it to mark it—a registered letter is always crossed with string—I never kept letters in the glass-case, except on any occasion when I have not time to register them, that they might not be mixed with other letters—if I had had time to register it I should have put it with the other letters which were going out—I think the letter-carrier had got it when Mrs. Rice came for the receipt—after stamping it, I put it into the same place till be arrived—I received a very good character with the prisoner.
EGERTON PHILIP OTLEY BARNES . I am a surgeon, residing at Alderney; I married Mrs. Rice's daughter. I was present when the postmaster delivered this letter addressed to my wife, on 6th June—I opened it immediately—there was no note in it—I wrote to Colonel Maberley.
EMMBLINE GRIFFITHS . I am the wife of James Griffiths, a linendraper, of High-street, Notting-hill. I know the prisoner as Miss Underwood's servant—on 5th June she came and purchased articles to the amount of between 4l. and 5l., and paid with a 10l.-note—I gave it to my husband, who was in the shop—he gave me the change, which I gave to the prisoner—she did not take all the goods with her—she directed me to take a piece of silk to a dressmaker's, to be made up.
Cross-examined. Q. Had you known her before she lived at the post-office? A. No; I saw her frequently, she was in the shop nearly every day—I live about ten minutes' walk from Miss Underwood's shop—I never saw her at the post-office—she told me she lived there.
JAMES GRIFFITHS . I am the husband of the last witness. I was present on 5th June when the prisoner bought these articles, and paid for them with a 10l.-note, which I took—I paid it, on 4th June, to Forster and Co., of Wood-street, Cheapside, to a cashier named Griffiths, who wrote my name on it—this is it (produced)—I had no other 10l.-note between 5th and 11th June.
Cross-examined. Q. Had you any 5l.-notes? A. Yes; my wife had access to the box where the notes were kept—she received money in my absence but would not pay it—if a customer came with a 10l.-note, and spent 2l. she might give a 5l.-note and three sovereigns in change—I took notice of the number of the note either when I received it or paid it away—I paid Mr. Griffiths 42l. in notes and gold—I have no memorandum to show what the notes were—I was behind the counter when I received the note—I put it in my pocket till I took the cash for the day, when I put it in the cash-box—to the best of my knowledge I had not been to the cash-box to take out any notes between the 8th and 11th.
MR. BODKIN. Q. Did you pay any other 10l.-note to Forster and Co. that day? A. No; only one—the cash-box was left in the desk—my wife had access to it.
EMMELINE GRIFFITHS re-examined, I took no note out of the cash-box between 5th and 11th June—I had not occasion to give any one change between 5th and 11th June—I took no other 10l.-note between those times.
Cross-examined. Q. Have you a memorandum of the moneys you received from Mr. Griffiths on the 11th? A. No; only the total; but I only received one 10l.-note from him—I wrote his name on all the notes.
WALTER ROBERTSON SCULTHORPE . I am one of the presidents of the General Post-office. In consequence of a communication made there, I went on 17th June to Notting-hill, and found the prisoner at Miss Underwood's
post-office—I asked whether she had bought any goods lately at Mr. Griffiths'—she said she had (she knew me, having seen me a few days previously)—I asked her if she had changed a 10l.-note there—she said, "Yes"—I asked who she received it from—she said she had it before she left Mr. Hall's, on 1st Feb.—I said, "The note you changed at Mr. Griffiths's, on 5th June, is the note which was inclosed in a registered letter on 4th June, and posted it your office"—she said, "I received it on 1st Feb. before I left Mr. Hall's"—I then gave her into custody.
WILLIAM RUSSELL . I am one of the police-constables attached to the Post-office. I took the prisoner by Mr. Sculthorpe's direction—in consequence of information I went to Mrs. Oliver's, 1, High-street, Notting-hill, where I obtained a parasol, a pair of cuffs, a quantity of damask, and other articles, which I afterwards showed to the prisoner at Miss Underwood's—when I opened the box they were in she took hold of the shawl, and said, "This is not the shawl I bought of Mr. Griffiths when I changed the note"—she selected this shawl, the damask, cuffs, pair of gloves, and parasol, from the box—I received 6l. from Mrs. Oliver; and 12s. was found in the tea-caddy, which the prisoner gave me the keys of; and 11s. 1d. in a purse upon her.
Cross-examined. Q. Had you known her for any length of time? A. Yes; I was in the habit of visiting the family—I thought very highly of her—I had not been in the habit of having money of her's previously; but she had left the articles of dress with me to be repaired or made—I have known her three or four years—she has been a servant in that neighbourhood—her character has been very good indeed.
MR. O'BRIEN submitted that the letter was not a post-letter before it was stamped, and that the note might have been abstracted before that time: and that if the postmistress did anything inconsistent with her duty after the delivery of the letter it would have the effect of disposting it, referring to Reg. v. Harley, 1 Car. and Kir., where the letter was merely left on the counter, with a penny, before a servant not authorised to receive it, it was held that it did not acquire the peculiar character of a post-letter.
MR. BODKIN relied upon the words of the statute. "shall be deemed a post-letter from the time of its delivery to the post-office." The COURT considered it to be a post-letter within the meaning of the statute.
Edward Bevan, grocer, of Brompton, and Henry Fisher, of Ladbrook-groove, gave the prisoner a good character.
GUILTY . Aged 22.— Transported for Ten Years .
NEW COURT.—Wednesday, July 9th, 1851.
PRESENT—Mr. Ald. FAREBROTHER; Mr. RECORDER; Mr. Ald. SIDNEY; and Mr. Ald. SALOMONS.
Before Mr. Recorder, and the Fifth Jury.
1457. LEWIS JOHN JONES , embezzling the sums of 6l. 6s., and 24l. 14s. 6d.; also, 10l. 10s., 4l. 4s., and 4l. 4s.; also, 12l. 12s., 3l. 3s., and 6l.; also, 11l. 11s.; also, stealing 16 sovereigns, 1 half-sovereign, 2 half-crowns, 2 shillings, and 1 sixpence; the moneys of John Walter Huddleston, Esq., his master:to which he pleaded
GUILTY . Aged 21.It was stated that the prisoner's deficiencies amounted to 170l. or 186l. but that there were deductions which would reduce it to about 120l. or 100l. RESPITED .
GUILTY . Aged 19.— Confined Two Months.
GUILTY .** Aged 21.
GUILTY .* Aged 19.
Confined Nine Months.
MR. PARRY conducted the Prosecution.
ROBERT YEOLAND . I am parish clerk, of Northam, in Devonshire. I know the prisoner perfectly well—I remember hit being married on 17th July, 1841, to Susan Sussex Judd—I was present—I produce a certificate which I have examined with the registry in the Church, in the presence of Mr. Peters, the Vicar—it is a correct copy—I was one of the witnesses, and signed the register—I saw the prisoner sign it—he appeared perfectly self-possessed—I was perfectly well acquainted with him—he had been in the habit of coming to my house—they lived there after their marriage, and had two children—I was present at the baptisms—on 21st June, I law the wife alive, and in the service of a clergyman at Topsham.
Cross-examined by MR. BODKIN. Q. Did he appear about twenty—on e years old at the marriage? A. Yes; "the person he married was I believe a domestic servant—he is described in the register as the ton of a Colonel in the Army—I understood the prisoner was master of a deaf and dumb school in Exeter, and that afterwards his, wife lived with him there—I cannot say whether he has been away from his wife for the last eight years—she has been in service five years—he had not left his wife when the second child was baptised—it might be twelve months afterwards that he left, or more.
ELLEN FRANCIS . I know Mary Eliza Peters, and the prisoner. I was present at their marriage on 19th Aug., 1850, and was witness to the register—this copy is true, I have compared it—she is now with child.
Cross-examined. Q. Has she told you so? A. Yes.
ADAM SANDERS (policeman, L 190). I took the prisoner at his residence, adjoining the Kennington Schools, and told him it was for marrying Mr. Peters' daughter, his first wife being alive—on the way to the station, he said it was a bad job, and he did not think his first marriage was legal as he was not conscious what he was doing at the time—I said there were two children—he said, "Yes; but they were provided for. "
THOMAS PETERS . While the prisoner was paying his addresses to my daughter, he was a student at King's College—he told me he was in progress to get an appointment as missionary—he was a student in the Theological department, and gave me to understand that he was going to take holy orders—at the time of his apprehension he was a Scripture Reader, at the parish of St. Mark's, Kennington—I went into the country, and saw his first wife.
Cross-examined. Q. Had your daughter any property? A. No; the marriage was clandestine.
GUILTY . Aged 29.— Confined Eighteen Months.
MR. ROBINSON conducted the Prosecution.
JOHN BEACHAM . I keep the Devonshire Arras, at Pimlico. The prisoner was in my employ between three and four months, up to the 14th June, as a weekly servant—I let him have a watch to hang up in his bedroom, that he might know the time to get up in the morning—it was one that I had no use for—it laid in my drawer—I gave it into his hand and never saw it afterwards—I gave it him about the beginning of May—there is no pretence for saying that he bought the watch of me—I never did sell it to him.
Cross-examined by MR. PARNELL. Q. How long bad you had the watch? A. About three weeks—I won it at a raffle at my house by some of the workpeople at Cubitt's—it was a shilling a head—I believe there were fifty members—it was not for the good of the house—it was to help their fellow-workmen—perhaps that might have been the second or third raffle I had had there—I allow no gambling, to my knowledge—I never lent money to any one to gamble—after I won the watch I think I did not offer it for sale—I did not offer it immediately for sale for 33s.—I know Mr. Crane, Mr. Dove, and Mr. Smith—they were all present—I did not offer to sell the watch for 33s. to my recollection—I do not know how long it is ago—I do not keep account of such things—I do not know whether it was in May or April—I did not offer to sell the watch that evening for 30s., to my knowledge—I am quite sure I did not sell it that evening—I did not give the prisoner 10s. in May to induce him to stay with me—I am sure I did not sell the watch to him—I do not know whether the watch went—I put it into the drawer after I won it—a waiter of mine, named Alfred, slept in the same room with the prisoner—Alfred had not a watch, to my knowledge—Crane is a carman of Messrs. Cubitt's, I believe—I never told Crane that I sold the watch to the prisoner for 30s.—I do not believe Crane asked me the morning after the raffle what had become of the watch—I will swear I did not say to him, "I have sold it to my chap for 30s. "—I do not know how long it was after I won it that I let the prisoner have it—I suppose it laid in my drawer a fortnight or three weeks.
MR. ROBINSON. Q. What wages bad the prisoner? A. Five shillings a week—there is no pretence for saying that I gave him 10s. to stop—I missed it the morning the prisoner absconded—I do not know where he lived.
ELIZABETH BULLEN . I am the wife of James Bullen, and live in Westbourne-street. About 6th May, I went to the prisoner for 4l. which he owed me for board and lodging—he said he had no money, and he gave me this watch to pledge—I gave it to a friend, and she pawned it for 12s. and brought me the duplicate—this is it.
Cross-examined. Q. How long had be lived with Mr. Beacham when you went to get some of your money? A. I cannot say—it is now in the same state—it has no key to it—he told me he had bought the watch—when he was taken his father was just dead, and he was preparing to attend his funeral.
MR. ROBINSON. Q. Where did he live when he was taken? A. I do not know exactly—he lived with me two or three nights after he left Mr. Beacham's—I cannot tell what time that was—I do not know where his father lived.
Cross-examined. Q. Is it in a going state? A. No; it is what they call, in the trade, a duffer—it will not go without a deal of money being laid out
upon it—there is a false name on it—I advanced 12s. on it, I thought that the extreme value.
COURT. Q. What is the matter with the watch? A. It wants cleaning, and I do not suppose it would go then—it has been wound up ever since it has been pawned, and it has only gone with the shaking since it has been in my pocket.
MARK LOOME (police-serjeant, B 11). I received information respecting the prisoner, on 15th June—I went in search of him—I went to Bullen's house three or four times; I was not able to find him there—I did not find him till 24th June—I found him in Bethnal-green-road—his father lived in a short street near there—I told him he was charged with stealing a watch; he said he bought it—I asked where it was; he said it was pawned—I asked where, and he said he should not tell—he said the watch was all right—this duplicate I received from Bullen.
Cross-examined. Q. Did you find that his father was going to be buried? A. Yes; but he was not going to the funeral—he was standing at the door of a public-house.
MR. PARNELL to MR. BEACHAM. Q. Do you mean to tell me that you have not lent money to persons in your house for the purpose of gambling? A. Not to my knowledge—I have lent money, but not knowing what they were going to do—I know a person named Razel, I never lent him half-a-sovereign to play a game of cribbage—I never lent money for cribbage to be played in my house, to my knowledge—there is a cribbage-board there: it is seldom used. Witnesses for the Defence.
JOHN CRANE . I am a carman, in the employ of Messrs. Cubitt's. I was at the Devonshire Arms on the night this watch was raffled for—Mr. Beacham won it—it was sold from Messrs. Cubitts' for a charity—it belonged to the person who put it up, a person named Smith—after Mr. Beacham had won it, he said, in a proud way, that he would sell it for thirty bob—I saw him the next morning, and I said, "How about the watch, Mr. Beacham?"—he said, "I believe my chap is going to have it"—he generally called him his chap—he said his chap was to give thirty bob for it.
Cross-examined by MR. ROBINSON. Q. He did not say his chap had bought it? A. No; he was going to have it—I cannot say how long it is ago—I should think my attention was called to it two or three months afterwards—I heard no more about it till yesterday, when a person called and left a summons to appear here—I called on Mr. Beacham this morning, and asked him if he knew what I had the summons for—he said he knew nothing about it—I said I knew nothing about the summons.
COURT. Q. You did not know what you wire coming here for? A. No; only they said about this watch concern—I said I would speak what I knew.
JOEL PHILLIPS . I am a watchmaker, and live in Bury-street. I have looked at this watch, it would not go for twelve hours—it is not meant to go—these watches are made for the purpose of selling at mock auctions—I am not acquainted with either of these parties.
Cross-examined by MR. ROBINSON. Q. Are you a working man? A. Yes; I cannot make the whole of a watch, it goes through, perhaps, twenty hands—this watch is merely stuck together in the cheapest manner—it is impossible that it can go—it may go for a few minutes with shaking—the case is silver—it might go for an hour, or for four or five hours, but it would then stop—it is impossible to say how long it would go—I am not here in this case, but in another case.
place—Mr. Beacham won the watch, and after he won it I heard him say he would sell it for 30s.—he said that in the room directly he won it.
GUILTY . Aged 24.— Confined Six Months.
(MR. BALLANTINE offered no evidence.)
NOT GUILTY .
MR. PLATT conducted the Prosecution.
THOMAS WALKER . I am a costermonger, and live in Huntingdon-street, Shoreditch. On 16th June I was coming out of a coffee-house in Shoreditch, opposite Magpie-alley, about 7 o'clock in the evening—as I came out the prisoner stood at the door—he struck me in the eye, and blinded me—(nothing had passed between us before)—he drew my watch three-parts out of my fob, but did not succeed in getting it—when he snatched it, he said, "I have it"—he then ran a way—I did not see him any more till the policeman took him, on the day afterwards—I am sure the prisoner is the man.
Cross-examined by MR. BALLANTINE. Q. What makes you so certain? A. The marks on his face; he is pitted with the small-pox—I did not know him before.
WILLIAM HILL . I am brother-in-law of Thomas Walker. I saw him come out of the coffee-house—the prisoner struck him across the eye, and laid him senseless, that he could not get up—he snatched at his watch, but did not get it—he then ran away—I am positive be is the man.
Cross-examined. Q. Had you ever seen him before? A. No; I know him by the pock marks on his face—I had not been there a minute—my brother asked me to have a cup of tea or coffee—when the prisoner snatched his watch, he said, "I have got it"—my brother said, "No, you have not"—he did not say it quite directly—I do not know how he came to know what the man said when he was in a state of insensibility—there had been no row nor quarrel—I and my brother were dressed as we are now—his watch was in his fob, as he has got it now.
HENRY EDWARDS (policeman, G 133). From a description I received, I went after the prisoner, and took him—I told him the charge—he said I was mistaken in the party—I told him I should take him, as he answered the description I bad received—he said, "I know partly what you are taking me for, for striking the party last night at the coffee-shop"—I asked him if he did nothing else—he said, "No, I did not; I own to the assault, but not to the attempt at the watch"—I saw the prosecutor on the following night—his eye was black and blue all round.
GUILTY .** Aged 20.—The prisoner was further charged with having been before convicted, to which he pleaded Guilty.— Transported for Ten Years.
THIRD COURT.—Wednesday, July 9th, 1851.
PRESENT—Mr. Ald. FARNCOMB; Mr. Ald. SALOMONS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY . Aged 21.— Confined Six Months.
GUILTY . Aged 17.— Confined Three Months.
1466. JAMES JOHNSON , stealing 12 yards of mousslin-de-laine, value 3s.; also, 12 other yards of mousslin-de-laine, value 12s.; also, 96 yards of mousslin-de-laine; and 24 yards of chintz, value 5l. 2s.; the goods of Lawrence Beaton Harris, his master:to all of which he pleaded
GUILTY . Aged 38.— Confined Twelve Months.
1467. JOHN LE MONT , and HENRY HEATHERLEY , stealing 1 purse, and 1 ring, value 3s.; 2 half-crowns; 5 shillings; and 3 sixpences; the property of Mary Chapman, from her person; Le Mont having been before convicted: to which
LE MONT pleaded
GUILTY .** Aged 18.
GUILTY . †** Aged 20.
Transported for Seven Years .
GUILTY . Aged 19.— Confined Four Months.
1469. JAMES HENRY GRAHAM , stealing 1 coat, 1 pair of trowsers, and 1 waistcoat, value 3l. 17s.; the goods of James Isaac Sands, and another; also, 2 coats, 1 pair of trowsers, and 2 waistcoats, 6l. 10s.; of William Story; also, 6 shirts, 12 collars, and other articles, value 3l. 10s. 6d.; of George Redfern; also, 2 coats, 1 pair of trowsers, and 1 waistcoat, 5l. 17s.; of Michael Grouse: to all of which he pleaded
GUILTY . Aged 24.— Confined Twelve Months.
(There were two other indictments against the prisoner.)
JANE KEEL MEASDAY . I am single. On 18th Jane, about 7 o'clock; in the evening, I was in Holborn, looking at the Crystal Palace on a wheelbarrow—there wag a crowd there—when I got home, about 10, I missed my purse, which contained 17s. 4d.—I had bad it safe when I was at the barrow—this (produced) is it—I know it by the colour, and a paper which is still in it.
JOHN LAMB . I am a costermonger. On 18th June, about 7 o'clock, I saw the prisoner, with five or six others, in a crowd looking at the Crystal Palace on a wheelbarrow—I saw the prisoner come out of the crowd with a purse; saw him go into Gray's Inn, examine the purse, and put it into his pocket—I told the officer what I had seen, and told him in what direction the man went—I lost sight of him, and will not swear the prisoner is the person.
DANIEL HOLLOWAY (policeman, G 52.) On 18th June, about half-past 7 o'clock, Lamb pointed out the prisoner to me in Gray's Inn-lane—I am sure he is the same person—I took him into custody, and asked him where the purse was he had stolen in Holborn—he said he had no purse, he only had 6d.-worth of halfpence—I searched him, and found this purse, containing 17s. 4d., and the prosecutrix's address.
Prisoner's Defence. I picked up the purse.
NOT GUILTY .
salesman, in Newgate-market. On 28th June the prisoner came to me, in a butcher's blue frock, and asked for two dead lambs, in the name of Appleton—we have a customer of that name—I pointed them out to him—I do not know what he did with them—he went away, and I have not seen them since—I did not miss them till they were sent for by Mr. Appleton's man, whom I knew—I afterwards went into Newgate-street and saw the prisoner there, dressed differently to what he was when he came to me—I spoke to him about the lambs, and he hesitated, and said he supposed they had gone wrong—he said there were two pigs, and he had no pigs of me at all—he walked away—I followed him down Newgate-street, and he said, "Don't follow and insult me like that."
Cross-examined by MR. ROBINSON. Q. Did you see him take the lambs away? A. No; no one else was with him—I did not see anybody go away with him—I have known him a good many years—I have heard one or two trifling things against him, but I do not know them to be the fact—I have heard that he was charged, seventeen years ago, with murder, because a big man struck him, and he struck him again, and killed him—he was acquitted—that was introduced before the Alderman, but not by me—I delivered two pigs that day to a Mr. Coram—I should not know the man who took them away—this is my signature to this deposition (produced)—it was read over to me before I signed it—(this being read, stated that the prisoner came with another man)—he did not come with some other man who came after the pigs—no other man came with him about the lambs—I swear that other man did not take the lamb away—(the deposition stated "there were two of them together; the other one took them; the prisoner helped him on with them; I did not deliver two pigs to the man with him; I did not see him take the pigs away; I was busy at the time ")—I saw neither pigs nor lambs taken—I swore before the Magistrate that the prisoner helped the other man up with them, because they generally do when two come together—I swear the prisoner is the man who came for the lambs—I may have said I thought I had made a mistake—the other man was outside, at Guildhall, and ran away—I did not make any statement to the Magistrate about him.
NOT GUILTY .
SARAH SAUNDERS . I am cook to Mr. William Allen Sumner, of Abbey-road, St. John's-wood. On 20th June I saw a shadow of some one in the hall, and found one half of the inner-hall door open, and heard the front-door shut—I saw some one running across the road, and sent two boys after him—I do not know who the person was—I missed my master's coat, which was hanging up in the hall half an hour before—this is it (produced.)
Prisoner. Q. Can you swear it was my shadow? A. No, but it was a person of your stature, and he had something in his hand.
CHARLES VOKINS . I am page to Mr. Sumner. On the morning of 20th June, I went out for two or three minutes, leaving the front door a little open—three or four minutes after that I saw the prisoner running in the road, with my master's coat on his back—I ran after him—he then ran faster—I missed him for a minute or two, and then saw him come out of the garden of Woodstock-cottage, without the coat—I stopped him, asked him what be had done with the coat—he said he knew nothing about it—I gave him into custody—we went back to the same garden, and found this coat on the grass—it is my master's.
Prisoner. Q. How far off was I when you first saw me? A. Not more
than 200 yards—I saw the coat then—it turned up underneath while you were running, and I could see the blue lining—when I charged you, you coloured up—there is no building going on there.
JAMES JEFFERY (policeman, S 225.) On 20th June I was in the Wellington-road, and in consequence of what Vokins told me I went to Wavetley-place, and met the prisoner—Vokins said, in his presence, that he bad stolen his master's coat; the prisoner said he had not, he had come there to look for work—I took him back to Woodstock-cottage, and in the middle of the garden there found this coat.
Prisoner. Q. Is there not building, going on in the neighbourhood? A. Yes.
Prisoner's Defence. I went to the buildings, to see if I could get a job, and as I was coming back the policeman took me.
(The prisoner was further charged with having been previously convicted, to which he pleaded guilty.)
GUILTY .** Aged 19.— Transported for Seven Years .
GUILTY on Second Count. Aged 21.— Confined Six Months.
MICHAEL HAYDON (City-policeman, 21.) On 23rd June, a little before 10 o'clock at night, I was with Brett on London-bridge, and saw the prisoner put his hand into Mr. Conolly's. pocket, take something out, put his hand towards his trowsers-pocket, and walk away—I went and took him, and found this handkerchief (produced) in the leg of his trowsers.
JAMES BRETT (City-policeman, 13.) I was with Haydon—I saw the prisoner put his hand into several gentlemen's pockets—in consequence of what Haydon said, I assisted in taking him into custody—I searched him at the station, and round his body, under his shirt, next his skin, I found these seven handkerchiefs (produced)—I said, "You have got a good lot of them;" he said, "I am hungry. "
Prisoner's Defence. I went to see the fire, and picked up the handkerchiefs in the Borough-market.
GUILTY . Aged 22.— Confined Twelve Months.
GUILTY . Aged 14.— Confined Three Months.
The prosecutor's firm, consisting of three parties, the prisoner was
(The evidence was interpreted to the prisoner.)
Rahere-street. The prisoner has had our front parlour as a bed and sitting-room, for a fortnight—my bedroom is the back parlour—on 19th June, about a quarter-past 6 o'clock, I was at tea in the kitchen, and heard my bedroom door shut—I know it was my door, by its peculiar sound—I had been there five minutes before, and noticed my watch safe in the pocket of the bed—when I heard the door shut I sent a little girl up, and while she was going up, I heard footsteps going from my bedroom to the parlour—I went up and missed my watch—I called out, "That man has been in my room, out of the front parlour, and taken my watch" and I sent the girl up to Mrs. Sheppard, who lodges on the first-floor—she came down, and I then went into the prisoner's room, and said to him, "You have been into my bedroom and taken, my watch, I heard you shut the door"—he said, "Me take no watch; me not been into your room"—I called Mr. Brown down from the top of the house, who said I had better send for a policeman—I sent, two came, and we went into the prisoner's room—the prisoner denied having the watch, and the policeman said he could hear it ticking in the room—he went towards the fireplace—I had no watch on myself—I took the paper ornament away which was hung in front of the grate, gave it to Mrs. Sheppard, and she threw it on my bed in the back-parlour—the prisoner's room was searched, and nothing found, and we could not then hear the ticking—the policemen took the prisoner, and I went with them to the station, locking my bedroom door, and taking the key with me—I came back about 8—I did not go into my room again till about 10, when I took my baby, and as I was laying it on the bed I heard a watch ticking—I looked about, took up the fire paper, shook it, and laid it down again—I listened again, shook the paper again, and then found my watch in it—this is it (produced,) and this is the fire-paper (produced,)
SUSANNAH SHEPPARD . I am the wife of Thomas James Sheppard, and lodge on the first-floor of this house—I received the fire-paper from Mrs. Chamberlain, and put it on her bed—I shook it, but did not observe anything in it.
JOSEPH BROWN . I lodge on the second-floor at this house—Mrs. Chamberlain sent up for me—I came down, and kept guard at the street-door while the police were sent for—I was in the parlour when the prisoner was taken, and thought for a moment that I heard a watch tick, but I am not sure—I had no watch myself.
GEORGE MARTIN (policeman, G 27.) I went to the front parlour, and told the prisoner he was charged with stealing a watch of Mrs. Chamberlain—he said, "Me have no watch"—I heard the ticking of a watch, and was satisfied that it came from the fireplace—I went there—Mrs. Chamberian moved the ornament, and gave it to Mrs. Sheppard, who took it out of the room—I did not find any watch—the prisoner was searched at the station. and nothing found on him—there was woodwork all round the fire-paper then—I had no watch myself.
HARRIET GREEN . I am in Mrs. Chamberlain's service. I recollect being at tea on 19th, and heard the back-parlour door shut, and some one go across the passage—the person had come out of the front parlour—Mrs. Chamberlain sent me up, but I saw no one.
(The prisoner received a good character.)
NOT GUILTY .
OLD COURT.—Thursday, July 10th, 1851.
PRESENT—Mr. Justice WIGHTMAN; Mr. Justice CRESSWELL; Mr. Ald, FARNCOMB; Mr. Ald. SIDNEY; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Fourth Jury.
JOHN WISEMAN . I live at 4, Fifteen-foot-lane, St. Pancras,' next door to the prisoner. On 22nd June I heard a noise outside the house, went to the door, and saw the prisoner fighting with a young man, and using gross obscene language—he went into his house afterwards—I still heard a sound outside the house of fighting—it lasted about ten minutes—the prisoner came to the door—there was a mob of people and children there—I saw him throw a ginger-beer bottle, which struck the boy Reed on the forehead, and knocked him down—he was about nine or ten feet from him—the crowd were not taking any part in the matter—I could not see who he threw it at; he threw it among the crowd—he appeared very angry—he was not drunk—I ran for a policeman.
Prisoner. Q. Had not a bottle been thrown before? A. I heard that a bottle had been thrown by a woman first, but I did not see it.
JOHN ADLEY REED . On the afternoon of 22nd June I was in a crowd near the prisoner's house—I did not know him before—he threw a bottle into the crowd, and it hit me—I was not doing anything, only looking on—I saw I man who lodges in his house in the crowd, with whom he was quarrelling—it knocked me down, and I do not know what happened afterwards.
PETER M'GRINNKS . I am a surgeon, of Hereford-place, King's-cross. On 22nd June, Reed was brought to me, bleeding from a wound in the forehead, which he said he had received shortly before—it was two inches long, sod down to the bone—I should not have thought it had been inflicted by a ginger-beer bottle unless I had been told so, because it was a clean cut—it might have been done by a fragment of a bottle—if it was done with a whole bottle it must have been thrown with extreme violence.
JOHN FRANK (policeman.) I was sent for to the prisoner's house—he was standing at his door, and said, "You b—r, you dare not take me"—he fastened his door—I broke it open, and found him on the second-floor, with a poker—he threatened to split my b—y head open—I took him—he struck, beat, and kicked me—I had to get assistance—I believe he was quite sober. The prisoner called
JOHN BROWN . I was present when the boy was hurt—there was a row between the prisoner and his wife—a woman in the court came in and interfered—he told her to go out, and she threw a bottle at him—I then saw him throw a bottle at the woman, but it happened to catch the boy accidentally.
JOHN REDDING . Last Sunday fortnight I was at John Mitchell's place—there was a bit of a quarrel, and a female came up and began to abuse him—he sells ginger-beer—the woman took a bottle from outside the door and threw it at him—a bottle was then thrown by Mitchell—the boy came up at the time, and it hit him on the forehead—it was all momentary—the prisoner was very tipsy indeed—I have known him for years, and never knew any of him.
GUILTY of an Assault. Aged 35.— Confined Three Months.
Before Mr. Justice Wightman.
1479. WILLIAM CANTY and JOHN TYLER , stealing 25l.-notes, and 1 cash-box; the property of Henry Bosanquet and others, in the dwelling-house of Oliver Vile: Tyler having been before convicted: to which
CANTY pleaded GUILTY . Aged 69.
TYLER pleaded GUILTY . Aged 62.
Transported for Ten Years .
(There was another indictment against Canty.)
MESSRS. BODKIN and CLERK conducted the Prosecution.
ELLEN HUSSEY . I am a widow, and occupy a room in Mulberry-court, Whitechapel. On the Saturday in April, before Easter Sunday, two young men came to my room, about half-past 5 o'clock in the afternoon—the prisoner is one of them—I have a son who gets his living by playing the violin—they inquired for my son, and said he could get a dollar for playing for the night at a raffle—Mrs. Flaherty, a neighbour of mine, was in the room when they came in—I told them my son did not live with me—they then wished for some beer—I said I did not want any—they pressed very hard for it, and Mrs. Flaherty said, "As you press so hard, I will go and bring you a drop of beer," and the prisoner gave her sixpence—they had been there then about five minutes—when Mrs. Flaherty came in with the beer, they asked me to drink—I would have none—Mrs. Flaherty just put it to her lips, and drank a little of it, and they drank it themselves—Mrs. Flaherty then went away down to her own room—the prisoner then asked me how old I was—I told him I was 65; with that, he took hold of me by the throat, I think, with his right hand; he took hold of me so that I could not speak, or call out—the other one then came and took a brown holland bag oat of my pocket, it contained 2l. 5s. 6d., it consisted of one crown piece, and the remainder in half-crowns, two shillings, and two sixpences—it was money I had worked for, and saved up—I buy old clothes—when the man had got the bag from my pocket, he went down-stairs—the prisoner still had hold of me by the neck, and continued to hold me about three or four minutes, when he threw me on my side on the bed, and left the room—after he was gone, I had no feeling, and no power; but when I recovered, I was quite sensible of what had passed; I got up, locked my door, and went to bed—my throat was very sore next morning, and I was very hoarse for ten days, and my throat was swollen—I did not complain of what had happened, to my son afterwards—I went and told the City police about it on Easter Sunday, next morning, about 11—I saw Mrs. Flaherty about 9 next morning, and told her—that was before I went to the police—I did not see the prisoner again till he was taken into custody by Mr. Bateman, two or three weeks ago.
Prisoner. She stated at the police-court that her money was one crown piece, and all the rest half-crowns. Witness. No, there was two shillings and two sixpences—I do not know the name of the officer that I complained to on the Sunday morning; he is the officer on the beat in Petticoat-lane—I went over to him—I had never seen the prisoner before to ray knowledge.
ROSINA FLAHERTY . My husband is a labouring man. I live at I, Mulberry-court, opposite Mrs. Hussey—I was in her room at the time the young men came in; the prisoner is one of them—I did not know him before—I am positive he is the person—it was between 5 and 6 o'clock in the day—they inquired of Mrs. Hussey about her son, and said if they had known of him on such a night, they could have given him a dollar for a night's play—I
said I wondered he was not there at that very time, as it was about the time he usually came there—they then wanted to send out for some drink; the prisoner asked for a little rum; we said no rum should he sent for, but as they insisted so hard, I had no objection to fetch a pot of beer; the prisoner gave me sixpence, and I went and fetched it—Mrs. Hussey drank none of it; I drank about half a tumbler, and the prisoner and his companion drank the remainder—I then left the room, leaving the two young men there—I saw no more of Mrs. Hussey till about 9 next morning—she beckoned me in, and told me what had happened—she was very hoarse, I could hardly understand what she said, and her neck was swollen.
Prisoner's Defence. This woman has been to my friends several times; and said, "I only want my money back; and if you will give me that money back, there shall be no more said about it; I do not know who it is; I will point out some one; and your son knows my son, and I have great suspicion he has done it;" she has transported her own husband for the indigo robbery; and one of her own sons robs her every time he comes to her place; he can prove that himself, and she cannot deny it.
ELLEN HUSSEY re-examined. I never went to any relation, or friend of the prisoner's, to offer to take money—they came to me to see if I would make it up, and not come against him—the father and a neighbour came last Thursday week—that was after I had been at the police-office—my son is not here.
Prisoner. Half she has stated is false, and is contradicted by the evidence she gave at the police-court; I wish her deposition read. (The witness's deposition being read, agreed with her evidence.)
(The prisoner pleaded guilty to a further charge of having been twice before convicted of felony. Aged 22.— Transported for Ten Years .
Before Mr. Justice Cresswell.
MR. PARNELL conducted the Prosecution.
GEORGE HIRONS . I know Edward Norwood; he is in his fifteenth year. On 29th May, I was out with him on the slip on Uxbridge-moor, about half-down 4 o'clock—we were catching May-flies—I saw the prisoner come running the moor with a gun in his hand—I had never seen him before—there was a hedge between the moor and the road—he came down towards the slip where we were standing, catching May-flies—he held the gun at me, and said he would give me two ounces he put a cap on the gun first, then pulled up the cock, and pulled the trigger at me—It did not go off—I saw him pull the cock up again, and put on another cap; he then came through the hedge—I ran away, and hallooed to young Norwood to run—Norwood laughed at him, and then he came and stood about seven feet away from Norwood, and then shot him—he put the gun up to his shoulder and took aim at him, just as if he was shooting a bird—Norwood fell into the hedge—his cap was blown off—I ran to get it and then saw that he was shot—I pulled him out of the hedge, and I saw that he was smothered in blood—Mr. M'Namara, the doctor, was fetched.
Cross-examined by MR. CARTER. Q. You and Norwood had been play. fellows, had you not? A. Yes; I did not know the prisoner's name before the blacksmith told me—Norwood did not say to me, "Here is Thomas Ladyman; he has got a gun"—he did not see him before be held the gun at him—we were in the field, and the prisoner was coming down the road—we did not call to him, or make any signal to him—the hedge was between us when he pointed the gun at me—there is a gap on each side of it—he pointed the gun through the hedge—I could see him over the hedge—I ran away, and I had only got just up by the side of Norwood when he came running up with the gun in his hand, and then Norwood stood still and laughed at him—I did not hear him say anything; he did not speak—I saw the gun go off—I was not running at that time—it was after he pulled the trigger that I began to run—the cap did not explode; it went like the tick of a clock striking—when the accident happened, the prisoner ran away—he afterwards came back, and looked at him—he did not assist him up, and attempt to wipe the blood from his face—Norwood told me to go and tell his father and fetch a doctor, and then I left—I did not leave the prisoner there—he ran away as I was going away.
GEORGE HOUSEMAN M'NAMARA . I am a surgeon, at Uxbridge. I was fetched to the boy Norwood on 29th May—I found him recovering from the shock of the wound—he had been shot with a gun over the top of the face, the forehead, and eyes—it was a dangerous wound; he is still in a very critical state—he has lost the use of his eyes—there was considerable injury to the bone of the head—I saw him this morning—he is not well enough to come here—his deposition was taken in his bedroom—the prisoner was present, and had the opportunity of cross-examining, if he was so disposed.
Cross-examined. Q. You found marks of a gun-shot wound? A. Yes; all over the front of the face—they were small sparrow-shots—the marks were on the upper part as low down as the eyes—most probably the greater part of the load had passed over his head—if the load had been fired from a gun at a distance of nine feet, and aimed fully at the head, I should imagine it must have produced death—I saw the prisoner and Norwood in the room together on the day the depositions were taken—the prisoner cried, and appeared affected—I never heard Norwood speak of it other than as the result of an accident.
The deposition of Edward Norwood was read as follows:—"I was on Uxbridge-moor, near the new Church, yesterday afternoon, getting May-flies—young Hirons was with me—young Ladyman came over the gap with a gun in his hand—I said to him, 'He has got a gun'—Ladyman then held up the gun and shot me, and stunned me—I had not spoken to Ladyman when he fired at me. "
JAMES GARVEY . I am a private in the 4th Light Dragoons. On 29th May I was near the beer-shop kept by Ladyman's father—I had a fowling-piece—I was on the moor amusing myself, shooting sparrows—I discharged the gun about thirty yards away from the house, and took it in and put it on the tap-room table—I had fired the gun three or four times—it was unloaded when I put it on the tap-room table—the prisoner waited on me with some ginger-beer and ale—he asked me if I had any caps—I said I had neither caps, shot, or powder—he said, "I can get some"—I had some business about the house, and did not take any more notice of the boy—I did not tell him to get any caps—I did not see him do anything with the gun—I did not tell him not to take it; after having the ginger-beer, it was about half an hour before I saw him again—he then told me that he had shot a boy, and not to tell any person—he had my gun with him—he gave it back to me.
Cross-examined. Q. How long have you been in the army? A. Nearly fourteen years—this was after dinner, after I left my stables—I am quite sure that I fired the gun off before I came into the house—I fired at a sparrow within thirty yards of the house—I desisted from shooting, because I had expended all my ammunition—I had no powder, caps, or shots left, or I should not have gone in—I did not load the gun again after I had got into the tap-room—I do not know a man named Hale—I know Gray—two men came into the tap-room some time after I had gone in—I do not know their names—I had only been quartered there for a short time—I did not load the gun again in the presence of those men—I had a shot-belt round my body, and a powder-flask on my shoulder—I am quite confident that the prisoner, in taking the gun, did not take the powder-flask or shot-belt—I did not see him take any other shot-belt or powder-flask away from the house—I did not hand the gun to him, or see him take it—I was engaged with a female in the house, and did not take notice of the boy, or the gun either.
Q. Did not one of those men say to you, when you handed the gun to the prisoner, or when he had the gun, that he ought not to take it, that it was loaded? A. No; nor anything to that effect—I told the prisoner that the gun was not loaded—that was when I first went in—I did not say so in answer to an observation from one of the men—nothing of the kind occurred, it could not have occurred, and I have forgotten it—the prisoner was absent some time after he had waited on me—I have been examined more than once before the Magistrate—I gave the correct evidence when I was on my oath—the Magistrate asked me a few questions when I was not on oath, and I answered them as well as I could; that was the first day—I intended to answer those questions truly, and to the best of my opinion I did.
Q. Did you not then state that you did not know that the boy had the gun at all? A. Well, I did not know—I did not see him take it—I did not say that I had placed the gun behind the door—I do not remember placing it behind the door—I remember placing it on the corner of the tap-room table—the Magistrate subsequently called my attention to some of the answers I had given on the first occasion—it was not in the presence of the other two men that the prisoner said he had shot a boy—he said it to me personally—he called me on one side—he did not say it in anybody's presence—there were two persons in the room when he came in, but he did not speak in their presence—he called me on one side into another room, where they draw the beer; he beckoned to me—he seemed to be very much flurried, and as if he had been running very fast—the persons in the tap-room could not have heard what passed between me and the prisoner, he took very good care of that—they were away some yards from us—I did not go away immediately upon his telling me this—I stopped some time, I did not believe the boy could do such a thing—I did not take any notice of him—I would not believe him—I did not when I gave the answers to the Magistrate, say that I had not fired off the gun—I could not have said that—I had fired it three or four times.
MR. PARNELL. Q. Was there any other soldier there but you? A. No.
MR. CARTER. Q. Did you send any money to pay for the caps? A. No; I had no money with me—I paid for the ginger-beer and ale afterwards, not then—I paid Mrs. Ladyman 1s. 7d. which I owed her—I had a score running at that time—I did not pay for the ginger-beer that day, I paid for nothing.
SOLOMON HALE . I am a tailor. On 29th May, I was at Mr. Ladyman's beer-shop—Garvey was there, and the prisoner—the soldier had a gun—I saw him load it in the room with powder and shot—he got the powder from
a flask in his hand, and the shot from a flask or belt which he had round him—after loading it he kept it in his hand—the prisoner was drawing beer for the customers, and the soldier said to him, "Have you got any caps?"—he said, "No"—the soldier said, "Can you get me some?"—the prisoner said, "Mrs. Flower sells them"—he said, "Go and fetch me some, and take the gun with you, and fit the caps to the nipple," giving the gun to the prisoner telling him to make haste—I asked the soldier if the gun was loaded, and I blowed down it, and said I thought it was loaded—the soldier took it out of doors and altered it, and came back and said it was all right—he said nothing in the prisoner's presence about it being loaded, in my hearing—the prisoner went out, and came back very much frightened—he called the soldier out, and said, "I have been and shot a boy, you told me the gun was not loaded"—I could hear that—the soldier came in, loaded the gun again, and I ran to see the little boy that was shot—I turned back again, and the prisoner was sitting in the room, not knowing what to do with himself—I said, "Tom, you have been and killed a boy; where did you get your powder and shot?"—he said, "I had none; the soldier told me it was not loaded. "
Cross-examined. Q. I believe you searched him there? A. Yes; to see if he had any powder and shot about him—he had none, and I am confident he did not know the gun was loaded—I am quite clear that I saw the soldier load the gun in the tap-room—that was after I had blowed into the gun, and he took out what was in it, and came and loaded it afresh in my presence in the tap-room—a man named Gray was in the room—he said there was danger—I should not have known of the accident without the prisoner's information—if he had desired anybody not to tell, I was sufficiently near to have heard it—he had to go backwards and forwards to the customers, and I am certain he was absent at the time the gun was being loaded, and he did not know it was loaded.
MARY FLOWERS . I am the wife of Henry Flowers, of Uxbridge; we sell gun caps. On Thursday afternoon, 10th May, the prisoner came to my shop with a gun, and asked me for some caps—I showed him some—he was going to try them on—I said, "Don't try them on here"—he said the gun was not loaded, and said, "These caps will not do"—I handed him down a box of the best—he was going to try them on, and I told him I would not have them tried on in the house—he said, "I tell you the gun is not loaded"—he bought three halfpenny worth, and went away.
Cross-examined. Q. You said he was going to try them on? A. Yes; on the nipple of the gun to see if they would fit—that was what I objected to—he was not going to try the quality of the caps—I have a great objection to having guns in the house—he said, "You can see for yourself that it is not loaded," but I said I did not understand it—I did not sell him any powder or shot—he did not ask for anything of the kind—I saw nothing in his hands but the gun—I have known him seven years—I never heard that he was quarrelsome, or heard anything against him in any way.
JOHN GRAY . I am a carpenter. On 29th May I was at work at the beer-house before the soldier came—there were several persona present, but I did not notice who they were—the prisoner was drawing beer and attending to the customers—the soldier got a shot out of the nipple of his gun, and came in and loaded it—I saw him do it—he gave it to the prisoner, and told him to buy some caps—I had seen him fire at a lark that afternoon—this was about 4 o'clock—when he gave the gun to the prisoner I said, "Let the gun stay at home, and go and fetch the caps;" but the soldier told him to take the gun and fit them to it—I was working in a shop about twenty feet
from there—I then went away to my work, and did not see him any more for a long time.
RICHARD ROADKNIGHT (police-sergeant, T 11.) I produce the gun—I was with another constable when the prisoner was being taken to the station—he said he had been to fetch some caps, and coming along be saw some birds in a hedge, and put on a cap to frighten them; he did not see the boy in the hedge, and did not know the gun was loaded—I have known him some years, and never heard anything against his character for humanity and peaceableness—he is no more mischievous than another schoolboy.
MR. CARTER submitted that there was no case for the Jury even of assault: that it was an accident, arising from the misconduct of a person older than himself.
The COURT, however, considered that it was a negligent use of a dangerous weapon, and left the question of assault to the Jury.
NOT GUILTY .
NEW COURT.—Thursday, July 10th, 1851.
PRESENT—Mr. Ald, FAREBROTHER, Sir CHAPMAN MARSHALL, Knt., Ald.; and Mr. RECORDER.
Before Mr. Recorder, and the Sixth Jury.
1482. JOHN DAVIS , breaking and entering the dwelling-house of Charles Rogers, and stealing 1 kettle, and other goods, value 15s.; his property: also, 1 pair of shoes, and other articles, value 6s. 6d.; the goods of Richard Frewin: to all which he pleaded
GUILTY . Aged 26.— Confined Six Months.
GUILTY . Aged 23.—He received a good character.— Confined Twelve Months.
The prisoner, being a foreigner, the evidence was explained by an interpreter.
MR. RYLAND conducted the Prosecution.
ADAM HALCROW . I am shopman to Charles Meeking and another, drapers, at 62, Holborn-hill. I was in the shop on Saturday afternoon, 28th June—all the other shopmen were there—the prisoner came about half-past 2 o'clock—she spoke in English, so that I understood her, and she appeared to understand me with difficulty—she asked to look at some French cambric—she looked at several pieces—I told her the prices of different articles—she bought six yards at 5s. 6d. a yard—she looked at some French cambric handkerchiefs—she bought half-a-dozen at 3s. 3d. each—she looked at some gentlemen's silk pocket-handkerchiefs—she bought six at 2s. 111/2 d. each, and one at 5s. 6d.—she did not pay for these articles, but told me to send them to No. 15, Strand, to Mrs. Duport—they were to be paid for on delivery—I sent them by our porter—the porter brought back the parcel; he could not find the person—the prisoner was in our shop a quarter of an hour altogether—I did not miss anything after the prisoner was gone—I have since been shown some articles which—I believe to be my master's property—here are six cambric handkerchiefs, one yard and a quarter of French cambric, and one yard and three-quarters of French cambric, and two silk handkerchiefs at 3s.
each—they all belong to my master—they were no part of the articles made up in the parcel—they have not been sold in the shop—I had shown the prisoner different things from those she bought.
Cross-examined by MR. DUNCAN. Q. Have you any private mark on them? A. Yes; here is the mark on this yard and three-quarters—this mark is not my writing; it is the mark we put on the goods in stock—cambric is in pieces of many yards together—I cannot say who cut this piece of—I was with the prisoner all the time she was in the shop—this piece was a remnant left—we always keep fourteen pieces of cambric in the box, and they were counted in the evening, and there were only twelve—they were of select prices—when the pieces come in, they run twelve yards long—I know that this piece was in the box, by the mark—I cannot tell what was the quantity of cambric in the box at 2 o'clock in the day—that box was produced to her—I was looking at her, and at the goods as well—I do not recollect seeing this remnant in that box—I did not sell this—we do not have cambrics made to our order—we buy them from the firm's order—there may be much more of this quality in the country—I do not mean to state that there was one yard and three-quarters of this other piece in the box—I identify these cambric handkerchiefs by the private mark—these handkerchiefs were kept in another box, which is kept in a particular part of the shop—I showed the prisoner that box—these are all in bundles of twelve—other houses may keep this kind of handkerchiefs—the only way I identify these is because they have the mark of the firm—if these or other articles are sold, we cannot take off this private mark—they are sold with it—one of these has a ticket on it, which we should never send out—I did not leave the prisoner at all; I was attending on her—these silk handkerchiefs have no private mark—I know these by the pattern—I recollect showing her this pattern, and I left these before her while I went to get another pattern of handkerchiefs—I showed her some like these and I judge these are the goods—this is a common pattern—it may be shown in every window in the street—I did not miss anything till the officer came and asked me.
MR. RYLAND. Q. Some of these marks are made in pencil on the material, and these, of course, must remain? A. Yes; here is a ticket on this French cambric, "5s.;" if I had sold this, I should have removed the ticket before it went—I showed the prisoner a good many articles, and I left her sometimes to get the articles—I left these silk handkerchiefs lying before her when I turned to get some others—these articles are common, but other articles have not the mark of our establishment on them.
GEORGE GIBBS . I am porter to Messrs. Meeking. On 28th June, I received a parcel from Mr. Halcrow to take to No. 15, in the Strand—I was to inquire for a Mrs. Duport—I went, and could not find any such person—I took the parcel back to our shop.
Cross-examined. Q. What sort of a house is No. 15, Strand? A. I cannot exactly say—they sell shirts and silk handkerchiefs; that was all the notice I took of it—it is near St. Martin's Church—I did not try the other end of the Strand, near Temple-bar—the numbers do not count from Temple-bar, only the high numbers—they begin at Charing-cross—I went into the shop, and asked for Mrs. Duport—I saw a gentleman, who told me there was no such name—I did not try any other number.
EDWIN HILL (City-policeman, 331.) I produce a part of these articles—the white goods—I got them at Mr. Wiles's shop. 96, Fleet-street—it is a hosier's—I took the prisoner into custody there—Mrs. Wiles produced these cambrics to me.
Cross-examined. Q. Have you the prisoner's passport? A. Yes; she gave me the address of her lodging, 18, Stockbridge-terrace, Pimlico—I went, and found the passport there.
JANE WILES. I am the wife of John Wootten Wiles, a hosier, at 96, Fleet-street. I handed these cambrics to the officer in our stop—these handkerchiefs I found in the prisoner's pocket—the other two she dropped in our shop.
ELIZABETH JOYCE . I am searcher at Fleet-street station—the prisoner was brought there on 28th June—I found these silk handkerchiefs folded up in this parasol, which she had—I turned up the parasol, and found the handkerchiefs falling out—I found on her four keys, and two fourpenny-pieces.
(James Arvetti, of Shaftesbury terrace, Pimlico, deposed to the prisoner's good character.)
GUILTY. Aged 27.— Judgment Respited.
(There was another indictment against the prisoner.)
MR. CLARKSON conducted the Prosecution.
HENRY VINDEN . I am a commercial traveller, and live in Windson-terrace, Dover-road. I went to Epsom races on 23rd May—I took with me my Geneva watch, with gold cases; it had the name of "Badollet" on it—I was present at the first race, and after that had been run, I ran to see the horses come in, nearly opposite the grand stand—I felt a sudden push against me—I was rather interested in watching the result of the race, and did not look immediately; but on looking down, a moment or two afterwards, I discovered my watch had gone out of my pocket, and the guard, and bow, and pendant was in the state it is now, broken away from the watch—this is the pendant and the bow—I gave information to the police—on Monday, 16th June, I saw an advertisement in the Times, and I replied to that—some works of a watch were shown to me by Finnis, the officer, on Wednesday, 18th—they were the works of such a watch as mine, as near as I could tell—the maker's name "Badollet" was on the dial, which was with the works—there is a name on the works—my watch had a gold case, with a shield in the centre—the works of this watch are precisely similar to mine—I bought the watch of Mr. Hughes, a jeweller, in the Borough, for nine guiness—I had had it about four years—my impression is, that the works shown me by the officer were the Works of my watch.
Cross-examined by MR. PARRY. Q., Did the advertisement state that the watch was lost at Epsom? A. It said it was supposed to be lost at Epson races.
JOHN MOSES BADOLLET . I am a watch-maker, and live in Greek-street, Soho. I supply the trade—I sold one gold watch to Mr. Hughes, on 4th March, 1847; the number of it was 22,908—it had a gold case, with an engine-turned back, and there was a shield in the centre—it had a skeleton movement, a horizontal escapement, and was jewelled in four holes—it had a white enamelled face, with a seconds hand—to the best of my recollection, these are the works of the watch I sold to Mr. Hughes—the number on the plate is the same as the watch I sold, and there is a name on the plate.
Cross-examined. Q. Do you mean to state positively it is yours? A. I said, to the best of my recollection; I cannot say more—I believe it to be the watch that I sold—that is all that I can say—I swear positively to it.
WILLIAM HUGHES . I am a silversmith, and live in High-street, Southwark. On the 4th March, 1847, I bought a watch of Mr. Badollet, No. 22,908; I put it into stock, and sold it to Mr. Vinden on 3rd Nov. 1848—the
number is on the part that you have given me—the part I took the number from was the inside of the case—I examined the works of the watch I bought—I cannot identify these works positively—I believe them to be the same, from the fact of the same number being engraved under the dial, which is usually done in watches—I had never taken the dial off to look at the number, but I now find the same number under the dial that was on the case—I believe every maker has a separate number of the watches he makes—since I parted with that watch, I have not had any watch with the same number with the same maker's name.
SOLOMON ISAACS . I work at watch-making occasionally, and attend the clothes market, where I hold a situation to take the toll—I live at 2, Pill's-buildings—I know the prisoner by sight—I remember his coming to me in Pill's-buildings on 28th May; he brought a gold watch with him, and asked me if I could repair it for him—I looked at it; it wanted a bow and pendant to the gold case, and the movement wanted repairing—it was a Geneva watch, with a gold case, engine-turned, and a shield in the centre—I took the movement to pieces while he was there, to see what state it was in—I undertook to repair it, and he went away—after he was gone, I observed something more about it, that induced me to follow him—while he was in the shop, I only observed that it wanted a bow, and after he was gone I found it wanted a pendant—the ring is the bow, and this part that goes into the case is called the pendant—I had separated the works from the case before this—I put the case in my pocket to go to him to show him that it wanted a pendant—he still desired me to repair it—I did not repair it, for on the same day I missed the case out of my waistcoat pocket; I have never got it back—I took the movements to the maker to get a case, and in the meantime I was summoned before the Lord Mayor, and then I went and fetched the movements back from the case-maker's, and took them with me before the Lord Mayor—I then took them back again—the works remained with me, and I product them now—I believe the number is 22,908, and the name is Badollet.
Cross-examined. Q. How long have you lived in London? A. Six years altogether—I have lived at Manchester, and at Dublin, and some time in Yorkshire—this is the watch, I brought it to the Mansion-house—I believe this is the box it was in—I was summoned by the prisoner for the watch, not for the value of it—I lost the case, that is true—I was summoned for the watch, and was ordered by the Lord Mayor to pay 3l.—that was on a Saturday, I did not take particular notice of the day of the month—I was ordered to pay 3l.—I never have paid it—before I was summoned the frame had been at the case-maker's, to make a new case—the wheels had not been out of my possession—my brother was present when I was ordered to pay the 3l.—he would have had to pay this 3l.—I could pay it myself—my brother felt disposed to pay it—I felt disposed to let him—when the Lord Mayor ordered me to pay the 3l., my brother said the watch had been stolen at Epsom—I really do not know how my brother came to know that—this watch has not been in my brother's possession that I am aware of—I do not know whether he had it or not—I really do not know whether this watch was in my brother's possession after 13th June—my brother put the advertisement in the newspaper—I had no idea that the watch had been stolen at Epsom, and I do not know how my brother came to say that it had—my brother paid for the advertisement—I should not have done it myself—my brother is now out of town—he was examined at the Mansion-house—the prisoner has been held to bail—I do not know that my brother has had this watch in his possession for days since 13th June—I cannot recollect whether I or my brother gave
the watch to the policeman—I really cannot tell whether the policeman got it from me or my brother—I have had the misfortune to lose other things that have been entrusted to my care to mend—not many times—not a dozen times—half-a-dozen, perhaps—I know Mr. Romayne—he trusted me with a metal watch—I lost it—I paid him for it all but half-a-crown—I paid him 12s. 6d.—he did not say to me that the watch was silver—I will swear he did not charge me with keeping back a silver watch—I know Mrs. Leo—I did not lose any goods belonging to her—she did not charge me with keeping back 6l. worth of goods, nor she cannot say so—it is five years, and a half since, that affair about Mr. Romayne—I did not pay him anything before this last matter occurred—I have paid him since—I do not exactly know how I came to leave it for five years and a half—I have paid him since, because I thought it was time, I had let it go long enough—I know Mr. Isaac Ramez—he did not give me a musical box to repair—he gave me a bit of music, there was no box—it was the musical part of a box—it was worth nothing—he gave it me to put a new box to it—I did not lose it—it got destroyed by knocking about—I paid him for it, and have the receipt for it—I paid him 7s. 6d. two or three days ago—I paid him since this occurrence—it is six years ago that he gave me the music—I know Philip Hart, he gave me a watch to repair—I did not lose it—it did not get destroyed—it went in pledge—I did not pledge it, it was a man out of the shop—that man is not here—it was Henry Isaacs, another of my brothers—he told me he wanted some money; I let him pledge it—he got two guineas for it, I believe—I paid Mr. Hart for it three years ago—it is four years since he gave me the watch to repair—on my oath it was not pledged with my full sanction and concurrence—I once lived at Manchester—I knew Mr. Abraham Franklin—he was a bankrupt there—I was never charged with keeping any of his property—I had to do with his property, I worked for him—I have not been charged with keeping back his property, and leaving Manchester in consequence—I did not leave Manchester at the time of his bankruptcy, I remained six or eight months afterwards—there was no property entrusted to me by him—I never had any thing to do with his property—there was no other property trusted to me—I did not abscond from Manchester with property entrusted to me by Franklin—I kept a shop at Thorne, in Yorkshire—I did not leave that place suddenly—I did not keep back any articles there that were trusted to me—I lived two or three years there—I lived in Dublin—I was a watchmaker there—I have always carried on that business, except what I now do—I know Mr. Joseph Phillips, of Bury-street, he employed me to do work for him—he trusted me with a watch to repair four or five years ago—I did not lose it, I pledged it—I did not leave immediately afterwards, and go to Manchester—I did leave and go to Manchester—I have not paid Mr. Phillips—I think that is very wrong indeed—I know Mr. Bell, of Aldgate—I do not owe him any rent, because I did not take the premises—my brother Henry did—I lived there—I do not know whether my brother has paid Mr. Bell—I do not know how much he was to pay him—I do not know how long I lived there—the rent was paid.
Q. Did Mr. Bell ever receive a sixpence from you or your brother for rent? A. Yes he did—I know Mr. Woodrow—he gave me a timepiece to repair, eight or nine months ago—it is on my work-board—he has not applied to me for it—Mr. Crawford did not apply to me for it till last week—I did not show him some rusty works, which he said were not the works of his timepiece—the timepiece is not repaired—I never brought an action against the Insurance Company at Liverpool for fire—I lived at Liverpool;
I served my time there—the house was not burnt, neither at Liverpool nor Manchester—I do not know whether it was my brother's—my brother Lewis lived there.
Q. Do you know whether any efforts have been made to serve your brother with a subpoena to attend, and that he is gone out of the way on purpose? A. Not on account of that: he is gone out of town—he went on Monday morning—when this watch was given me to repair, I opened it and examined this movement in presence of Mr. Lewis—I believe I shoved a pin down as the pendant was gone—I really am not aware whether I had some little difficulty in opening it.
COURT. Q. Did your brother leave Liverpool at the same time you did? A. No—we were bred and born there—my brother had a house there—I was living there part of the time—his house was not burnt down while I was there, nor afterwards, that I know of—I never heard anything about it; it was never in my recollection.
Cross-examined. Q. Have you made inquiry as regards the prisoner? A. I have, and find that he has invariably borne a good character.
(The prisoner received a good character.)
NOT GUILTY .
MR. COCKLE conducted the Prosecution.
JOHN HARDING . I am a wadding-maker, and live in New Norfolk-street, Shoreditch. The prisoner lives about twenty yards from where I live—on Whit Monday I was outside the door of his house about 8 o'clock in the evening—I kicked at the door, and his wife and three more females came to the door—I went away, and returned again in about ten minutes—I kicked at the door—the prisoner came out, and struck me on the head with some weapon, which I believe was about two feet long; it was very bright—he struck me first a blow on the forehead, which went through the skin; he then struck me on the head—after I received the second blow, I made a rush at him, and we had a struggle it appears—I was dragged into the house, and he and his wife, and a tall man, were using me shamefully inside—I would not say in the dark who stabbed me, but somebody stabbed me; a point of something went through my skin, on the right-side—it was quite red, and the skin cut through—I could not see any blood flow, because it was 5 the next morning before I came to my recollection—I believe my shirt was cut through—when I was taken out I do not remember any more—I do not know how I got out—I was drunk that night—I was taken to the hospital—I cannot say how long I was there—I kept my bed two days—I was an out-patient for a week.
Cross-examined by MR. BALLANTINE. Q. You were drunk that night? A. Yes; it appears that on the day before, the prisoner's wife and daughters had abused my wife, and called her dreadful names—I went to his house, and saw some women—I told them I could not speak to women, they knew too much for me—I turned back, and went to my own place, and then went again.
Whit-Monday I was in my house in the evening, and looking out of my window I saw Harding at the prisoner's door—the prisoner came out and lifted a sword, and struck him on the front of the forehead, and I saw blood flow—the sword fell out of the prisoner's hand, and he lifted up his hand, and made a second blow at his head; he put his head on one side; it escaped the head, and came on the shoulder; I then saw him lift the sword; I cannot tell where it fell, but I saw blood flow from the back of his head—the prisoner went to his door, Harding went to make a rush at him, and the prisoner seized him by the breast, and pulled him into the house—Harding was drunk.
Cross-examined. Q. Was Harding doing anything at the door? A. He gave the door a kick, and it went in, and the prisoner was standing in the passage—I heard Harding say, "I want to know why my wife was called a w—, and why my servant was struck with the baby in her arms?"—I did not hear anything about kicking the b—guts out, and giving the b—to the dogs—after Harding was taken into the house, four or five persons went in.
THOMAS WHITAKER (policeman, H 166.) Harding came to me on that Monday night, about 8 o'clock—he was in a gore of blood—I went to the prisoner's house, and took him into custody—I told him he was charged with stabbing him, from what I could get from the bystanders, I could get no direct answer from the prosecutor—the answer the prisoner made was, "Then a man must not defend himself?"—I saw Harding next morning—he was complaining much of the stab near the heart, which he said he did not find out the night before—this is his shirt—I found a hole in it corresponding with the place that he described.
Cross-examined. Q. Did you search the prisoner's house? A. No; I did not hear that he had used a sword—that came out before the Magistrate—all that I could understand from the bystanders was that it was done with a knife—there were many persons standing round the prisoner's door talking of breaking in—I did not see Connolly that night.
GUILTY of an Assault, but with great provocation. Aged 46.— Confined One Month .
MR. BRIARLY conducted the Prosecution.
MARY SWEENEY . I sell oranges, nuts, and lemons. On 23rd June, I was at Hampton-court—I came to Brentford about midnight, and went into a public-house—I called for half a pint of beer, and drank it—the prisoner was standing at the bar—he came out after me—I had paid one penny for the beer, and I had a sixpence, and 10d. in copper in my pocket, also a half-crown, two shillings, and sixpence in copper wrapped in a piece of white rag—the prisoner followed me, and asked where I was going—I said to London to market, to buy things with my money—he said, "Don't go to London to night, it is too late, here is good lodgings down the lane; I will show you"—I said, "I don't want to go to London; if you show me a lodging I may stay"—he took me up a little distance in a yard, across the road from the public-house, and told me there was a lodging-house there—I said, "I don't see any lodging-house"—I was turning back, and he said to me, "Have you got any money?"—I said, "No; I have not got any money, but what will pay for my lodging"—he then caught bold of me, felt outside ray bosom, and took hold of my pocket, and took this money which was tied in the white cloth in my pocket—it was half-a-crown, two shillings, and sixpennyworth of
halfpence—he kicked me twice in the back with his boots, and threw me down on the ground, and gave me another blow on the head, and in the mouth with his fist—I did not get hold of him to try to get my money back; I thought if I had my life I would be satisfied—I hallooed out, "Murder!" and two policemen came up—before they came, I heard a woman at a window—I did not see anybody come up but the policemen—I heard some woman say, "Don't ill-use the woman," and he said, "What is that to do with you. "
Cross-examined by MR. O'BRIEN. Q. I suppose you are a stranger in Brentford? A. Yes; this was about a quarter before 1 o'clock in the morning—I do not know the name of the public-house—I had not been to any beer-shop after I left Hampton-court—I was not turned out of a beer-shop at 11 by Mr. Webb—I saw several persons about the bar in the public-house—I did not drink with any one—I do not know whether the prisoner was drinking—I did not see any money with him—when I was in the yard I did not hear any man speak, but the prisoner—I did not receive any money from the prisoner that night—he did not offer me any—there were people living in that yard—he told me there was a comfortable lodging there—before he spoke to me I intended to go to London to buy my things in the morning—I will take my oath I saw no money with the prisoner in the public-house, and no money passed between me and him—I did not cry out before he struck me—I did not meet any countryman of mine that night—I know a good many Irish Mikes, but J do not know who you allude to.
EDWARD HITCHCOCK (policeman, T 261.) On 23rd June, a little after midnight, I heard cries of "Murder!"—I hastened to Plough-gardens, and saw the prisoner leaving Sweeney—she was crying, "Murder!" she said the prisoner had robbed her, and I took him—Sweeney was lying on the ground bleeding from the mouth—her head was bruised, and there was a large lump on it—I had enough to do with the prisoner—I did not see much of Sweeney at that time—I did not see any other person—I searched at the place, and found 1s. 6d., and some matches strewed about—I searched the prisoner at the station, and found on him two half-crowns, one sixpence, and 2d. in copper—Sweeney had her basket on her arm, and a few matches in it—when I went up I only saw one man—I know Hance—he followed afterwards out of the same yard, and gave the prisoner a cap.
Cross-examined. Q. Did not you take Hance into custody? A. Yes; about 2 o'clock the same afternoon, from Sweeney's information—I had never seen her in Brentford before—this yard is about twenty yards from the public-house, on the other side of the way—there are a few houses at the bottom of the yard—it is where they keep all the carts and wagons of the town.
MR. BRIARLY. Q. You knew Hance before? A. Yes; I knew him when he followed, and gave the prisoner his cap—Sweeney made a charge against Hance when she came out of the station—she never mentioned any other man till she left the station.
MARY ANN RUTTER . I keep a shop in the street, at the corner of Plough-yard. On 23rd June, about a quarter before 1 o'clock in the morning, I was in my kitchen, and I heard a cry of "Murder!" and "Police!"—I went down the yard, and saw a woman, and a man who I believe was the prisoner—I was confused—I saw him kick a basket over—I told him not to hurt the woman; he told me to mind my own business—I ran back to my house, opened the door to see for the police, and two policemen ran down the yard—the woman was in a sort of sitting posture, with her hands over her face.
Cross-examined. Q. Do you know the prisoner? A. Yes, he lives at the back of my house, with his family—the public-house is opposite my house.
Witnesses for the Defence.
GEORGE SNELLING . I am a general dealer. I sell fish, peas, beans, and cabbages, and keep a beer-shop—I know the prisoner—on Monday, 23rd June, he called at my house for a little money I owed him for work—he was at my house between 2 and 4 o'clock in the afternoon, and received from me two half-crowns, a shilling, and a sixpence—he changed either the shilling or the sixpence for two pints of beer—I keep the Spotted Cow, at Botwell, near Hayes—I have known the prisoner twenty years; he lives at Brentford—I once lived there—he has borne a good character—he lived in my house six or seven months—I believe he was once in trouble—he was like other boys, he took fruit out of a garden.
Cross-examined by MR. BRIAILY. Q. Is he a man in regular work? A. I believe not—I think he works for any one—he does jobs—he was at my place, and had no work, and I let him have some fish to sell—I go to Brentford after the fish, and he went home with me, and worked two days—I believe he is a sober man—when he worked for me, he was always in about 10 o'clock at night.
COURT. Q. What wages did you pay him when be lived with you? A. 2s. a week, and board, lodging, and washing—what I sell depends upon how fish is—sometimes I sell one pad of mackarel in a day—if I agree to give him money, I give it him, whether we sell the fish or not—I paid him 3s. 3d. a day.
CHARLES BASKBRFIELD . I get my living by gathering a few old clothes, rags, and bones. I live at Brentford—on 23rd June I was in the Red Lion the whole evening—I saw Sweeney there, sitting in the tap-room—there were fourteen or fifteen others in the room—I had a pint of beer, and Sweeney brought in half a pint of beer—she came in about a quarter past 11 o'clock, and remained till 12—I left the tap-room first—Sweeney drank out of my pot—the prisoner was there—he had a pint of beer between him and another—a little chap called Irish Mike was there—he was drinking with Sweeney—while I was there, I saw the prisoner put down two half-crowns on the table, and he said he would bet any man that he would run him for two half-crowns—I live about 100 yards from the place.
Cross-examined. Q. In what state was the prisoner? A. Between drank and sober; I should say he was nearest to being drank—he came in between 10 and 11 o'clock that evening, and remained till 12—I did not see him have more than one pint of beer between him and another; that was all he had in the tap-room—he was more drunk when he went out than when he came in—he walked steadily out of the tap-room—he could keep the line very well—he showed his money between 11 and 12, when Sweeney was there.
COURT. Q. Did you see Hance at the public-house that night? A. Yes, he was the person who was with the prisoner—Hance was at Brentford when I came away.
Sweeney's deposition being ready stated: "Bowley and another man followed me out of the public-house; the prisoner took me down a yard, the other man followed us; when the prisoner kicked me, the other man said, 'Don't kick the woman, if you rob her;' I cannot say whether Hance was the other man. "
COURT to MARY SWEENEY. Q. You told me nobody followed you? A. I did not see any one follow me—the other man did not go near me—I heard a
man say, "Don't kill the poor woman, if you get her money"—that was all I heard.
GUILTY of an Assault. Aged 18.— Confined Six Months.
MR. O'BRIEN conducted the Prosecution.
FRANCIS RICHARD TASKER JOHNSON . I am a seaman; the prisoner was my shipmate. On Monday, 30th June, he and I went to Hurley and Smith's, in Houndsditch, to try on some clothes—I was about to try on a waistcoat; I had a silver watch with a guard round my neck—I took it off—I received it and the guard instead of prize-money, of the sloop Pantaloon, from Mr. Davis, the navy-agent—I was to receive 23l. in consequence of the capture of three slavers in the Mozambique Channel, and he proposed to me to take some money and some clothes—he deals in those sort of goods in his house—I do not know whether he keeps any other shop—he lives in Lyon's-inn—I took 9l., and the 14l. in clothes and this watch—he put the value of 6l. 15s. on the watch and chain—he has got clothes at the back of hit office—it is separated off, it is not a room—for the rest of the money I got a short blue cloth jacket, a satin waistcoat, and a pair of blue trowsers, this monkey-jacket that I have on, and a monkey-jacket and waistcoat that I gave to the prisoner—he wanted clothes, and I gave them him—he was not entitled to prize-money, he was only a shipmate of mine in the ship Dauntless, coming from the Mauritius—Mr. Davis gave me an account of those things, and I signed it at Somerset-house in his presence, at the Admiralty-office, and Mr. Davis kept it—he did not give me any account; I got the clothes and the watch—the same day I lost it, last Monday week, 30th June, I and the prisoner went to Hurley and Smith's, in Houndsditch—I took off my watch and chain, and gave it to Mr. Boshuck—I then went up-stairs, and remained there about ten minutes—when I came down the prisoner was gone, and my watch and guard also—it was very nearly 1 o'clock—we had been drinking a little, but were neither of us drunk—the prisoner came up-stairs and said he would wait for me, and he went away.
Cross-examined by MR. BALLANTINE. Q. He has taken things of yours before? A. Yes; at sea I have lent him things—we had been very friendly on board.
GEORGE BOSHUCK . I am warehouseman to Messrs. Hurley and Smith, in Houndsditch. On 30th June, Johnson and the prisoner came to the shop—Johnson took off his watch to try a waistcoat on—he laid the watch on the counter, and the prisoner took it up, opened it, and looked at it—I do not know whether he returned it, for my fellow-warehouseman came back; I transferred them to him, and went to my dinner—I did not see the watch on the prisoner afterwards.
JOHN FALLOW . The last witness introduced me to Johnson—I went up-stairs with him—the prisoner loitered behind—I asked him to step up with us—he came up and remained about half a minute, and then went back—when I came down the prisoner was gone—I did not see the watch—Johnson looked for it, and could not find it—the prisoner was rather drunk; Johnson was not so bad—he had nothing the matter with him, hardly.
JOHN WILLIAMS (policeman, H 67.) On 30th June, a cab came to the Sailors' Home, and the prisoner and the cab man came to me near the Standard public-house, in Well-street—the cab man said he would not pay his fare, which was 3s.—he said he had been riding about in his cab, and he accused him of stealing his watch—they then went into the public-house together—there
was an altercation in the Standard, about his watch, and the watch was passed over the bar to him—I stood at the door, and could not hear what was said—I saw a young female pass the watch over the bar to the prisoner—he was not very drunk.
MARY LEATHBURY . I am bar-maid at the Royal Standard, opposite the Sailors' Home. On 30th June, I saw the prisoner there about 4 o'clock, he had a silver worked-back watch—he wanted 3s. of me on it—I let him have it, and took the watch—he said it was to pay the cab man—he then had the watch back directly, and said he would have more on it—he was asking the people outside the bar to buy it—there were a good many persons, the chief of them sailors—he wanted a sovereign—a man bid him 10s., and he took the half-sovereign, and the man went away with the guard and watch.
Cross-examined. Q. Was the prisoner very drunk? A. Yes; he appeared to—I could judge that the watch was worth more than 10s.—I understood it was for a loan to pay the cab man.
NOT GUILTY .
THIRD COURT.—Thursday, July 10th, 1851.
PRESENT.—Mr. Ald. HUNTER; Mr. Ald. SIDNEY; Mr. Ald. MOON; Mr. Ald. SALOMONS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Seventh Jury.
GUILTY . Aged 34.— Confined Four Months.
GUILTY. Aged 18.—Recommended to mercy. — Confined Three Months.
GUILTY .* Aged 21.— Confined Six Months.
GUILTY .** Aged 28.— Transported for Seven Years .
GUILTY . † Aged 45.— Confined Six Months.
MR. BALLANTINE conducted the Prosecution.
ROBERT ROUSE . I am a chemist, at 1, Wigmore-street, Cavendish-square. The prisoner was my porter—on 30th May I sent him to Mr. Dalton, a servant, at 25, Westbourne-terrace, to receive 10s. 3d., and told him to tell him, if he did not pay, I should put it into the bands of the Trade Protection Association—he had owed it me some little time, and had promised to call and pay it—the prisoner came back, and said he had not received the money—I placed it in the hands of the Association—I did not send this letter
(produced) to Mr. Dalton—I did not authorize its being written, or having my name put to it—the prisoner never paid me the 10s. 3d.
Cross-examined by MR. BIRNIE. Q. When did you find out the money had been paid? A. After the prisoner was in custody; I did not empty him on occasions of trust after I found it out—I afterwards sent to Dalton for the account, and be placed this letter and receipt (produced) into my hands—(this receipt was signed, "William Reeves ")—I before this to be the prisoner's writing.
ROBERT DALTON . I am a servant, at 25, Westbourne-terrace. I owed Mr. Rouse 10s. 3d., and paid it to the prisoner on 30th May—he wrote me this receipt—on the following day I received a letter from the Protection Society, and afterwards this one, which I believe to be in the prisoner's writing.
Cross-examined. Q. Had you been frequently pressed for payment? A. No; I had been in the country—I am certain it was 30th May, because I received the letter from the Association the day after, and it has the 31st post-mark on it—I had never seen the prisoner before—I paid him in silver—I swear he is the man—he did not stop with me above a minute.
(Letter read: "1, Wigmore-street. Sir,—I beg you will not take any notice of the letter which I sent you this morning from the Association, as I was out when my servant returned yesterday with the 10s. 3d. I was too late this morning; when I went there they had just sent the letter, and I am very sorry for it. Yours respectfully, R. ROUSE. To Mr. Dalton, 25, Westbourne-terrace, Hyde-park. ")
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Six Months.
MR. HORRY conducted the Prosecution.
JAMES GOLDSWORTHY . I am fourteen years old, and live at 4, Eliza-place, Kingsland-road. On Sunday afternoon, 29th June, about half-past 3 o'clock, I was playing with the prisoner and some other boys in the Hackney-road, throwing orange-peel at each other—I threw some at the prisoner, and he threw some at me—I do not know that I struck him—I saw a piece, which another boy threw, strike him in the face—he ran after me—I said it was not me, and he said he would show me—I thought he was playing, and stopped—he struck me on the shoulder, and flung something away; I did not see what it was—about a minute after that I found my shoulder bleeding—I gave him into custody—I saw the policeman bring a knife to the station, which I know is the prisoner's.
Cross-examined by MR. ROBINSON. Q. It was a small pocket-knife? A. Yes, with the point broken off; he had been cutting cocoa-nut and orange-peel with it—I heard him say he did not mean to do it; he meant to hit me with the handle—I struck him once afterwards.
WILLIAM ALDSWORTH (policeman, N 71.) I took the prisoner—he cried, and said, "I did not do it"—in going to the station, he said he did do it, but not intentionally; he meant to strike him with the handle of the knife—this is the knife (produced.)
(The prisoner's statement before the Magistrate was here read: "I did not strike the blow with the intention of hurting him; I intended to strike him with the handle of the knife, and not with the blade; he struck me two or three times with a gutta-percha whip over the face. ")
GUILTY of an Assault. Aged 13.— Confined One Month .
CHARLES WENSLEY . I am a licensed victualler. On 30th June, about 11 o'clock at night, I was in Fleet-street, and when near Farringdon-street I felt a tug at my pocket—I turned round and saw the prisoner throw away my handkerchief, which I had in my pocket a minute or two before—I collared him, picked up the handkerchief, and took him to the station—this is the handkerchief (produced.)
Prisoner. Q. Where did you first see me? A. At the end of Fleet-street, leading into Farringdon-street; between there was a man and woman standing near you—I did not accuse one of them.
Prisoner's Defence. I was talking to three people at the corner of Fleet-street; this man turned back, picked up something, and hallooed "Police!" I did not make any resistance.
GUILTY . Aged 28.
(The prisoner was further charged with having been before convicted: to which he pleaded guilty.)
(Henry Webb and John Mark Bull, of the City police, and Inspector Brannan, of the G division, deposed to the prisoner having been convicted several times, to his being a trainer of young thieves, and getting his living by thieving.)
Transported for Ten Years .
ROBERT KENNET . I am a licensed victualler, in the Broadway, Westminster, and also am a cab-proprietor. I have employed the prisoner eight months as a cab-builder—on the Friday before I went before the Magistrate, I observed a basket, at the end at the bench where the prisoner works, covered over with a jacket—I went again, after the prisoner had left work, turned the basket out, and found it contained a portion of the carriage of a cab, cut in three pieces, and a piece of plain wood—I let the basket remain, and saw it on the Saturday and Sunday—I went to inform the police, and as I was going I met the prisoner—on the Monday morning, between 8 and 9 o'clock, a constable came and fetched me—I went to the station, and there found the prisoner, and the basket with the wood in it (produced)—I had previously noticed this piece with a mark on it—the prisoner had no authority to take away any wood or chips—I had told him on the Tuesday previous to let no one take any away.
Cross-examined by MR. PARRY. Q. Have you altered your opinion of this transaction since the prisoner has been in custody? A. I do not think he meant to steal it for the purposes of gain—I think he had made a mistake in the work, and took it away that I might not see it—the chips are of no value—if he had said they were his perquisites he could have had them—they were usually taken to my house—he bore a good character, and I placed great confidence in him—I shall have no objection to take him back into my employ if the jury deal mercifully with him.
HENRY GEAR (policeman, B 252.) I was watching Mr. Kennet's yard on the Monday morning, and saw the prisoner come out with this basket—I asked him what he had in the basket—he said, "Nothing but chips"—I took him into custody—he then said he had been working for Mr. Kennet five months, and be hoped be would not be locked up, he had nothing but chips, and Mr. Kennet owed him 4l.
Cross-examined. Q. Did not he say the chips were his perquisites? A. Not to me.
(The prisoner received an excellent character.)
NOT GUILTY .
JOSEPH JOHN HOBBS . Lane was in my employ eighteen months, and left me three weeks after Christmas—while he was with me I lost several sacks—these are some of them (produced)—I was present on 27th June, when they were found at Neale's house—two policemen went with me there, and asked if he had any sacks of mine—he said he had one or two, and produced them—he was then asked if had any more, and he said, "No"—the policemen went up-stairs with Neale's wife and brought some more down—Neale said that my servant Joe, by which name Lane goes, brought them one Sunday morning about Christmas.
Lane. Q. Were you in the habit of lending sacks to Neale? A. I may have lent him one for half an hour, and he has brought it back again.
Cross-examined by MR. PARRY. Q. How many were produced altogether A. Thirteen—I have lent sacks to Neale occasionally—Neale made no concealment about these—three or four were found down-stairs—the policemen went up-stairs with Neale's wife and brought down the rest—my mark is plainly on them—I send out my goods in sacks—I have eighty or a hundred quarters in various parts of the town—a quarter is two sacks—Neale was a customer of mine—he once bought a sack of me—Neale did not say if he had done any damage to the sacks he would pay for it—he wished to take them back.
WILLIAM MORRELL (policeman.) On 27th June I went with Mr. Hobbs and Holland to Neale's house—I told Neale we had come respecting some sacks, and said, "There is one of them lying on the floor now"—I asked him where he got it, he said, "Mr. Hobbs's man left it"—I asked whether that was all he had got, he said, "Yes"—I said, "You have got some more, for I saw some outside"—I found two outside the shop, and three in the stable—I asked if he had any up-stairs, he said, No, he had not got any more, unless there were any outside—Holland went up-stairs, and returned with seven more—I took Neale, and told him he was charged with receiving these sacks, the property of Mr. Hobbs, knowing them to be stolen—he said Joe had left them there one Sunday morning, some months ago—in conse-road, quence of information I got from Neale, I found Lane in the Whitechapel-and told him I came to him respecting some sacks Neale had got—he said he knew nothing about it—I said Neale was in custody, and said that he had them of him—he said, "I did sell him some sacks, I had them of a man in Smithfield"—I told him the sacks belonged to Mr. Hobbs, his former master, and I should take him into custody for stealing them—he said he had left Mr. Hobbs's some months—I told him I knew of this some months ago—he said, "You might have let me known, I would have squared it up. "
Cross-examined. Q. Were some of the sacks outside Neale's? A. Yes; filled with coals, and Mr. Hobbs's name on them—I had received information three or four months before that, there were some there, but had not been able to see any—I had no power to search the house—I did not know whether it was true.
WILLIAM HOLLAND (policeman, N 126.) I went to Neale's house while Mr. Hobbs and Morrell were there—I said to Neale, "I have received information, you have bought some sacks of a man named Joe, who lived with Mr. Hobbs"—Morrell said, "There is one on the floor now"—I said, "It
is no use to disguise it, you have got more up-stairs"—Mrs. Neale said, "Well, Holland, there is"—she went up-stairs with me and took seven sacks from under two beds—we brought them down, and Mr. Hobbs identified them—they were all put into one sack, and Neale said, "That is the way Joe brought them here one morning"—I said, "Yes, but Joe did not put them under the beds"—he asked me to allow him to take them back to Mr. Holland—I said I could not, and Morrell took him into custody.
Cross-examined. Q. Were they between the mattress and sacking? A. I did not examine the bed, Mrs. Neale pulled them out; the bedclothes were taken up, and the sacks taken from the sacking—Mr. Hobbs was anxious not to give Neale into custody, but I took it on my own responsibility—I think I should not have been doing my duty if I had not, having had information two months ago—after the prosecutor found he was a customer of his he said he did not wish to hurt him—I have known Neale three or four years, and have always heard he was an honest man.
Lanes Defence. I left the sacks there one Sunday morning till next day, as our shop was not open.
(Neale received a good character.)
NOT GUILTY .
EDWARD JOHN RODEN . I keep the Bull's Head, Exeter-street, Strand—the prisoner was my potman. On Saturday, 5th July, I marked several shillings and sixpences, about 8s. 6d. wrapped them in paper, and kept them in my own possession till I cleared the till, at about halt-past 12 o'clock at night—I then put the marked money into the till—there were only a few halfpence there besides—the bar was opened on Sunday morning, about half-past 9, but the house is not opened till 1—we are not allowed to serve customers till then—I went to the till at 10, and missed two shillings and a sixpence—I fetched a policeman and had the prisoner searched—three sovereigns and some silver were found on him, and among the rest two shillings and a sixpence I had marked the night before—the prisoner said he could not account for it—these are them (produced)—they have my mark on them.
Cross-examined by MR. PARRY. Q. Are there betting-lists at your house? A. I know of none—there might be card-playing at Christmas—there is no gambling that I am aware of—I have never been summoned for allowing improper characters in my house—I am not aware that the prisoner has been in the habit of betting at races—he was with me five months, and had 4s. a week, and what he could get from the customers.
JOHN MACKNESS LUCK (policeman, F 100.) I was called to the house, searched the prisoner, and found on him a purse, containing three sovereigns, four shillings, and a sixpence, of which these two shillings and sixpence are marked—the prisoner said he could not account for it. (The prisoner received a good character.)
GUILTY . Aged 16.— Confined Three Months.
MICHAEL HURLEY . I live at Ruislip. On the Sunday week before I went before the Magistrate, I slept in a barn at Eastcot with the prisoner—I had my bag with me, which contained two waistcoats, one shirt, a pair of stockings, a handkerchief, a sheet, and a purse, with two half-crowns, and a half-sovereign in it—we left the barn on the Sunday morning, and left the bag
there—we did not go to the barn again, but slept at another one the next night—on the Monday week evening, I saw the prisoner at the Sun and Ship with my bag—I asked him what he took it for—he was scarcely able to speak; but said it would be all right—I took the things out, and found the half-sovereign gone—the clothes were left, this is the bag and purse (produced.)
MARY MATHESON . I am the wife of Daniel Matheson, who keeps the Sun and Ship, Ruislip. The prisoner came there on the Monday, called for a pot of beer, gave me a half-sovereign, and I gave him the change—in the evening, the prosecutor came, and claimed the bag, which was standing outside.
Prisoner. Q. Did you see me in possession of the bag? A. No; it stood outside the door some hours.
JAMES COTTON (policeman, T 217.) Hurley came to me, and charged the prisoner with stealing his bag, money, and clothes—I took him into custody; I produce the bag, clothes, purse, and two half-crowns, which were in the purse.
Prisoner. Q. Did you find anything on me? A. One halfpenny.
NOT GUILTY .
JOHN LARKE . I live in Goswell-road. On 7th July, about 3 o'clock in the afternoon, I was in London-wall, and saw the prisoners behind a gentleman, and saw Efferance put his hand into the gentleman's pocket—Schofield fell back, so as to screen him as much as possible from my observation—the gentleman turned into Basinghall-street—I went after him, and asked if he had lost anything—I then ran after the prisoners, when they saw me they began to run, and I called out "Stop thief!"—I kept them in sight down Philip-lane, Addle-street, and Aldermanbury, where I lost sight of them for a few minutes, and then Efferance was taken by Hodges—I went to Moor-lane station, and gave tin? charge, and Schofield was brought in.
Efferance. Q. Can you swear to us by our faces? A. Yes; I lost sight of you for a second.
Rev. CHARLES LACEY . I am the rector of Allhallows, London-wall. On 7th July, I was in London-wall, I turned into Basinghall-street, and the last witness came to me, and in consequence of what he said, I found I had lost a silk pocket-handkerchief, which I had when I left home, a few minutes before—this (produced) is it—I know it by its general appearance—I turned round when Larke spoke to me, went into London-wall, and he pointed out two men to me, who were walking along the pavement towards Wood-street, a little distance before us—Larke called out "Stop thief!"—the two men instantly began to run, and I saw them run round the corner of Philip-lane, and the mob followed—I went down Philip-lane, and saw a woman holding up a handkerchief—I went, and saw it was mine; I took it, and gave it to the police-sergeant.
ANN FRY . I am the wife of John Fry, of 8, Philip-lane. As I was coming down-stairs, I saw a handkerchief in my passage, I picked it up, and gave it to the last witness—this is it—my door always stands open.
Efferance. Q. You only saw me in the mob? A. No, you were at the head of the mob—you resisted very violently on the way to the station—some woman came out of a public-house and said, "That is not the man. "
JOSEPH HODGES (City-policeman, 120.) I saw a crowd running in Fore-street, leading from Aldermanbury towards Moorfields, and saw Efferance come off the step of a public-house, and he said "Is it me you want?"—I said, "Why did you run?"—he said he was running after the others to catch the thief, and went in there for half-pint of beer—I asked him to go with me to Fore-street and Little Moorfields, when Larke came and said, "You are the man I want, that picked the gentleman's pocket"—he denied it—at the station I found he had this cap on, with a wig inside it (produced,) which alters his appearance very much.
Schofield's Defence. I was not there at the time; I was only running with the mob, the same as any one else. (Schofield pleaded Guilty to the previous conviction.)
SCHOFIELD— GUILTY .** Aged 18.
EFFERANCE— GUILTY .* Aged 21. Transported for Seven Years .
OLD COURT.—Friday, July 11th, 1851.
PRESENT—Mr. JUSTICE WIGHTMAN; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. SIDNEY; and RUSSELL GURNEY. Esq.
Before Mr. Justice Wightman, and the Third Jury.
1502. JAMES HUGGINS was indicted for feloniously setting fire to the, dwelling-house of William Strong, he and his wife being therein:—2nd COUNT, describing it as the dwelling-house of the said James Huggins:—3rd COUNT, as the dwelling-house of Ann Huggins;—other COUNTS, varying the manner of laying the charge.
MESSRS. CLARKSON, SKINNER, and BALLANTINE conducted the Prosecution.
JOHN DANIELS . I am clerk to Messrs. Sheffield, solicitors, of Old Broad-street. I produce an agreement, dated 18th Feb., 1850—I am the attesting witness to the signature of Mr. Huggins. (This being read, was an agreement between John Cheeseman Severn, Ann Huggins, and James Huggins; whereby the said Severn, upon Ann Huggins surrendering to him the lease of the premises, 52, Lime-street, City, agreed to grant a new lease of the same to James Huggins for ninety-nine years, upon the completion of the works, at a rental of 70l. per annum, giving the said James Huggins liberty, to purchase the freehold for 1,400l.; he agreeing to pull down and rebuild the said premises within six months from the date of this agreement.) I have here a policy of insurance, which I hold as solicitor for Mr. Severn—I handed it over to the solicitor for the prosecution, taking his receipt—it is for 1,000l., in the Atlas—it is dated 4th Dec, 1847.
EDWARD JAMES RUSSELL . I am agent for the Phoenix. These policies (produced by the prisoner's attorney) were effected by the prisoner with the, Phoenix—the first is from 26th Oct., 1847, insuring the rent of the dwelling-house, occupied as offices, shops, dwelling-rooms, and cellars, for 200l.—the other is from 25th March, 1850, for 100l. on household goods and office furniture in the house No. 52, Lime-street—the premiums were paid—the names of the secretaries of the Company are Wilmer Harris and George William Lovell.
Cross-examined by MR. BODKIN. Q. Do you know whether your surveyor, in the ordinary way, went to look at the property before the insurance was effected? A. I do not know whether he did—that is not our course universally, nor generally, except specially required—whether it was done in this case, I do not know.
ISAAC DELVALLE . I am senior clerk in the fire department of the Guardian Insurance Company. The prisoner effected an insurance with us—this is the policy (produced)—it is dated 12th Feb., but the insurance commenced on 29th Jan., 1851—I have the memorandum that was brought to me (producing it)—1,500l. was the original insurance on the building, afterwards altered to 1,350l., placing the other 150l. on the fixtures and fittings of the building, 52, Lime-street—the name of the secretary of the Company is George Keys. (The memorandum was here read: "London, 29th Jan., 1851. Lime-street Chambers, 52, Lime-street—double-course timber-built, containing two shops, wine-merchant's cellars, and offices, fourteen rooms used as offices, and an engraver's workshop; Mr. Huggins has agreed to purchase the freehold, with a view to pulling down and rebuilding the house as offices; Mr. Payne has agreed to advance 3,000l. or 3,500l. for the cost of the new buildings, but stipulates they shall be insured in the Guardian for 2,000l. The present owner insures in the Atlas for 1,000l. only, which is insufficient; and Mr. Huggins will at once effect a policy with the Guardian for 1,500l., with liberty to pull down and rebuild, and will increase the insurance to the stipulated sum of 2,000l. when the new buildings shall have advanced so far. "
RICHARD WILLIAM HENNEKER . I am a surveyor. My attention has been called to the premises in which the fire was attempted—I went with the police-officers in the first place, but the firemen showed me the premises—this model of the premises (produced) was made under my direction—I went over some portion of the premises for the purpose of making the model; that was about three or four weeks ago—I should say, for old building materials, they are worth about 50l.—they were in a very dilapidated state indeed, and quite useless for the purpose of remaining up—the floors were quite rotten—I prepared this model to a scale of an inch to a foot—I believe Bradley, the fireman, thoroughly understands it.
JAMES BRADLEY . I belong to the Fire Brigade. On Saturday night, 31st May, I was sent for at 6 minutes past 11 o'clock—I accompanied Fogo to 52, Lime-street—I found the house full of smoke—I have looked at this model—I went in at the private door in Lime-street, which opens into a passage close to the coffee-shop—there is a door on the right at the end of the passage leading into the kitchen of the coffee-shop—when I got into the room behind the coffee-shop, I found there was fire burning through the trapdoor—the flame was coming through, and the room was full of smoke—I procured some water, and put the flame out; and then, with the assistance of the other firemen, we got the trap-door open—it was shut down close—I have got the flap itself here; on the trap-door being open, there is a flight of steps leading down to the cellar—it is correctly represented on the model—there are rafters, similar to these, level with the trap-door—I opened the flap, put it back, and after two or three trials I got down to the bottom of the steps—it is a sort of step-ladder, fixed; as soon as we got the fire out, we made a search—there was a smell of camphine, or turpentine—I smelt that before I opened the trap-door—Mr. Fogo, our foreman, went down with me, and directly under the steps we found this wooden block and this iron-piping (producing them)—I found it in this state, under the steps, on the ground—there had been some earth thrown up from the bottom, which would raise the
ground about two feet—the top of this iron-pipe was close to the wooden steps of the ladder—I also found this top, belonging to the pipe, lying very close to it, as if it had fallen off (the place from wall to wall is not above four feet)—it exactly fits the other part—I also found these two iron trays; one of them had cotton in it burnt to a complete tinder—that tray was on the left-hand going down the steps, underneath the steps, between the flooring and the joisting, and directly over the iron piping—it was blocked up with this piece of stone to keep it in its place—the other tray contains cotton, not so much burnt—that was under the wall, and also close to the joists—there is a cavity in the party-wall—the height from the earth to the floor is about four or five feet—there is camphine in this tray, and the other tray also smelt of it, but that was exhausted; the tray in which the camphine existed was further from the piping than the other—it was placed rather too far away, and right underneath, so that the fire could not very well have come to it unless it had burnt a great deal more; Mr. and Mrs. Strong live on the second-floor, over Mr. Taylor's room—their apartments are not shown upon this model——I also found this glass-bottle under the ladder, and a piece of wax-candle in the adjoining cellar, where a hole was cut through the wall—this piece of string, with a seal impression upon it, I found at the bottom of the ladder among the rubbish; and this gimlet was fastened into the trap-door—this is the under-side of it, and here is the gimlet with the handle burnt off—it was directly over the pipe and the ladder, and the string was under it among the rubbish—the trap-door is very much charred—the joists were also very much burnt, equally as much as this; not the whole of them, but the three nearest to the trap-door—underneath the ladder there was a hole communicating with the next cellar, and opposite that hole there is a door—that hole had, no doubt, been cut away by a chisel and hammer—the hole would let in a draught of air, and assist the flames—it was about two feet square—I got through it several times—if my attention had not been directed to the fire when it was, it would certainly have communicated with the rest of the building—there was nothing to prevent it—I should think the house would have been all down in 10 minutes, the second-floor as well as the first—I found this piece of wire at the bottom of the iron-piping in the draught-hole, and this burnt cotton was inside, down at the bottom of the pipe, and all round outside it, and some of it was lying on the earth below—it appeared to have been placed there—it could not have fallen there out of the trays—this cotton was all up the ladder, between almost every step, evidently placed there—at the bottom of the wooden block I found some melted wax, which I produce.
ALGERNON SIDNEY JONES . I am in the service of Edward Ladd, an ironmonger, of 10, High-street, Camberwell—I know the prisoner. On 23rd April last he came to my master's shop and gave me orders to make a piece of piping, the same which has been shown to me by the officers—he described to me how it was to be made—he brought a rough sketch upon a piece of paper, which I did not take any care of, which he ordered it to be prepared from—I put it in hand—he told me when it was completed to keep it, and to give it to him when he called—he called on the following morning and gave me further instructions to put ears to one part of it; I did so—he called again, I think next morning, 25th, and ordered me to shorten the flue part, I mean the part that is tapered narrower at one end than the other; this is it—I shortened it in pursuance of his direction—I was informed, on the Saturday (after having been out) that it had been sent home—on the Friday, I believe, he purchased a gimlet and two hooks, and I think a piece of brass
or iron chain—I dare say I should know the gimlet again if I were to see it (looking at the one produced)—I should say this is the same—I could not say that it is, it is quite the same sort of thing—Mr. Huggins brought back the piping on the following Monday morning, 28th, and gave it to me, and told me to cut a small piece out of it at one end—I did so—this is the place where I cut it out—he called for it next morning, and I delivered it to him—I had no conversation with him about it when I delivered it to him that I remember—I did not know what it was for—when he gave me the order I spoke to him on the subject, and tried to elicit what purpose it was for, and the purport of what he said was, that the object was of no importance at all.
Cross-examined by MR. BODKIN. Q. You knew him very well? A. Very well.
MR. CLARKSON. Q. How long had you known him? A. About three or four years—he always appeared to me to be like other persons—I never observed the slightest want of intelligence in him—he gave the description of what he wanted intelligibly.
WILLIAM KEMP . I am a carpenter and turner, of Coldharbour-lane, Brixton. I know the prisoner—I have worked for him—on 1st May last he called on me, and said he wanted a wooden block turned—he brought a piece of iron piping with him to put the block to—I cannot say whether that produced is it, it was something similar to that—he wanted the block turned and hollowed to fit the pipe that he brought—I prepared a block for him—he told me to leave it at his premises, Loughborough-park cottages, at 6 o'clock that same evening, which I did—I had occasion to use a driving-plate to turn it on—I made the block of spruce deal—the block produced is made of spruce—I believe it to be the same—I have the driving-plate here, and it fits the block—I left the block with one of the prisoner's servants—three or four days afterwards—I saw the prisoner, it might be in passing my place, I asked him if the block suited—he said, "Yes"—he did not tell me what he wanted it for—some time afterwards, Bailey, the police-officer, called upon me—it might be three or four weeks after, but I could not say exactly—we had some conversation—after that I saw the prisoner—I went to his house and asked him what the article was for which I had made, for a man had been to me and I could not understand the man leaving me in the way he did—he said, "Have they been to Ladd's, Ladd's at Camberwell"—I said I knew nothing about that; and then he said, "For God's sake, Kemp, don't say a word about it, or else it is likely to ruin me. "
JAMES WILLIAM DARTON . I am in the employment of Mr. Woods, plumber, at 4, Hill-street, Peckham. I know the prisoner—I was at work for him last March twelvemonth, painting some houses at Loughborough-cottages, Park-road—one of these iron trays or one answering the same description I saw at 2, Loughborough-cottages, at the time I was painting there—whether it was one of these trays I could not swear, but it was exactly like them—I believe the prisoner was occasionally in the habit of sleeping in No. 2 at that time—I have seen him there on several occasions, and the servants were in the habit of going in and cut.
GEORGE WOODS . I am a plumber and glazier, of Hill-street, Peckham—I know the prisoner. In Oct. last year, by his order, I went to the premise, 52, Lime-street—I went into the cellar—(I have been at the house since the fire, but. not down in the cellar)—I dug a hole in the cellar at the foot of the step-ladder—it was between five and six feet deep, and three feet six inches over—it was to get at the foundation of the adjoining house, and like wise to see if it was dry—Mr. Huggins told me so—I know nothing except what he told
me about it—there was a water-closet, not near there, but on the left going through the passage—I took that down—there were two leaden cisterns and service-pipes—I took them down, and also the pipe which served a water-butt—the water-closet was to be repaired and fixed at his own house in Lough-borough-park—it was a long way from the cellar-steps—when the water-closet was removed it left nothing but wood-work.
ELIZABETH STRONG . I and my husband, William Strong, reside at the house, 52, Lime-street, and had done so for two years. I was residing there on the night of the fire—some time ago there had been an Insurance Company, called the Colonization Corporation, carrying on business there—the prisoner was a director of that Company—the business of the Company was moved to King William-street—I look after the premises there—I went there last Oct.—there was furniture in the house after that, of Mr. Huggins, in the first floor—Mr. Taylor occupied that room—there was no furniture in any other room, except half-a-dozen cane-bottomed chairs that were on the second floor—after the removal of the Corporation, some of the fixtures were taken down and removed by Mr. Wood—on the evening of 21st March the prisoner came and rang for a candle—I gave him a whole one—that was in the back-room, behind the coffee-room—I went up-stairs to my own apartment—I saw him again, in about an hour and a half, in the same room—the candle was then burnt down gradually, I cannot say how much—his clothes looked rather dusty and dirty, all white, like mortar and brick dust—I did not notice his hands—he rang the bell, and asked for water, a towel, and a clothes-brush, which I took down to him—it was in consequence of his ringing the bell that I saw him the second time—the hole in the wall between the two cellars was not there before the evening of 21st March—there is a door to that cellar, leading down the front-cellar staircase—that door was open before 21st March—I am not quite certain whether the key was in it or not; if not, it was on the bunch of keys, along with the key of the other cellar-door, which were removed that day—before then, that bunch of keys hang in the office—after that evening, that door was not opened—we found it locked up that night, and Mr. Huggins took the bunch of keys away with him that night—I have not seen them since—on the day of the fire I saw the prisoner at the house, about half-past two in the afternoon, on the first-floor landing-place—he rang the bell for me, and asked for the key of Mr. Taylor's room—Mr. Taylor was out—I went up-stairs and got it for him, unlocked the door, went into the room with him, and left him there—I turned back again to speak to him, and he was then going down the stairs leading from the corner of Mr. Taylor's room to the coffee-room—the trap-door is at the foot of those stairs—I went up-stairs again—I spoke to him at that time—he brought the key up to me about an hour after—I did not see him any more that day, but I heard his voice at half-past 4 in the afternoon—he was then on the first-floor lauding, talking to Mr. Taylor—at 7 o'clock that evening I went to the offices in King William-street with my husband—I came back at 10, and found my husband walking up and down outside—we went into the house—on entering I smelt something like the burning of turpentine or resin—I went and looked all over the premises—I Went down to the front-cellar, took up the sawdust and smelt it, but could not see or smell anything of burning—I did not know what it was, and I laid it to the drain, which had been stopped up—after that we had our supper—We did not smell anything after we got up-stairs—at 11 I went to my bedroom, and it was full of smoke—I ran down-stairs into the street, and called for the police, and my husband went for the firemen—the firemen afterwards came—on Monday
morning I was sent for to the prisoner's offices, in Copthall-court, Throgmorton-street—he was not there—I spoke to the clerks, and as I was going down-stairs he came in—he said, "This is a sad affair, Mrs. Strong"—I said, "Yes, it is, sir"—he asked had I any idea who had done it—I said I knew no one that had been in the habit of being on the premises but himself—he asked could I not form any idea who did it, and what my real opinion was—I said I did not know, but whoever was guilty of doing it was worse than a murderer; they had better have come and murdered me in my bed than set fire to me—I asked him how the hole was made through the cellar-wall, and why that cellar-door had been kept locked for the last three months—he said it was made when the men were at work there—nothing else particular took place—there were so many persons coming in, I went away.
MARY ANN ADAMS . I am the niece of Mrs. Strong. I was staying with them at 52, Lime-street—I remember on one occasion opening the door to the prisoner when he had a leather bag, and a tray with him—the tray was covered in brown paper—I know it was a tray, because Mrs. Strong has had it since, and I have seen it—that was about eight or nine weeks ago—the bag had something in it—the prisoner told me he wanted to go into the back kitchen—I went up to the second-floor, and went down the other stairs leading into the coffee-shop, unbolted the door, and let him in—I left him there—I cannot fix the time nearer than eight or nine weeks ago—I have let him in before that, when he has come into Mr. Taylor's room—I remember his coming, and asking for a light, and giving him a candle before this.
THOMAS TAYLOR . I am a surveyor, living in Clarendon-street, Somers-town. I had offices, at 52, Lime-street, which the prisoner offered me the use of in Dec. last—he told me then that the house was to be pulled down, and that I might have the offices until that took place—he directed me to make plans for the rebuilding, which I accordingly did—I knew the prisoner when he was a director of the Colonization Insurance Company—I recollect the 31st May, the day of the fire—I was at my office the day before—the prisoner came there that day about half-past 5 o'clock—he had a travelling-bag with him, and a parcel—I do not know whether the bag was a carpet or leather one—it appeared full—the parcel was rather large, and in brown paper—I took it for a poker—there is a staircase leading from my office to the coffee-shop below, which at that time was unoccupied—the prisoner left my room by that staircase, taking with him the bag and parcel—I offered to help him down with it—he very courteously refused, and said he was taking those things down to put with some other things which he had down-stairs—I did not ask him what it was—I asked him if that was a poker in the brown paper parcel—he did not give me any reply—he remained down-stairs probably ten minutes—I left the room, and when I came back I found him in the office—I accompanied him to look over some property that was to be let—he left Lime-street about a quarter-past 6—he came again on the Saturday—I had in my possession some plans that had been made by another surveyor—they were valuable plans, but not plans that we should have adopted—a surveyor would charge probably 80l. or 90l. for them—there was furniture belonging to the prisoner in my room—a large dining-table, and a small one, two easy chairs, and twelve mahogany chairs—the prisoner rolled up the plans, and was going to take them away on the Saturday, and I offered my boy to take them, which he did—I have known the prisoner for some time—I was not paying him rent for these offices—he allowed me to use them—he left about half-past 6 on the Saturday—I saw him again the same evening about quarter-past 7—he had not made any appointment to see me again—I saw
him in my own private room, the inner room—I am not aware how he got there—he wished me to make an appointment either for Monday or Tuesday to go on to his chambers, or for him to come on to Lime-street, to finally arrange the plans—he did not remain there more than ten minutes, if so long—I have no means of knowing how long he had been there, or how he got in—I know of no way by which he could have got in, unless the door had been left open—I have known the prisoner probably two years intimately.
Cross-examined by MR. BODKIN. Q. He had consulted some other surveyor before you, I believe, about the rebuilding of these premises? A. He had; a Mr. Brown—the plans I have spoken of were his—the prisoner had abandoned those plans, and desired me to make fresh ones—those were the plans about which we were to meet on the Monday or Tuesday finally to arrange—I used this office principally in the preparation of those plans—a Mr. Folkard occupied the top room—the prisoner had some difficulty in getting him out—he went on the Monday after the fire—on the Friday the arrangement was made for him to go on the Saturday morning—there was no other tenant in the occupation of any part—the windows of Mr. Folkard's room were taken out, I think on the Friday—I do not know who took them out.
MR. CLARKSON. Q. Did you sleep in the house? A. I did not—I think the last time I saw Folkard in the house was on the Friday—Strong and his wife slept in the house every night.
WILLIAM EDMONDS (City-policeman, 528). I went over the house, 52, Lime-street, on the Friday after the fire—the firemen were then there—I did not go over where the furniture was, only where the fire occurred—I found in the cellar some paper, and part of a newspaper, down the pit—the top of this funnel was given me by the fireman in charge of the place—we found a camphine can and four screws—in consequence of directions I received on 9th June, I went with Bailey to the prisoner's house, in Loughborough-park Cottages—(before that I had seen Mr. Kemp, and made inquiries)—I saw the prisoner—I had the block of wood and the iron funnel with me—it was about 7 o'clock in the evening—we waited till he bad had his dinner; we did not send word to him who we were—we were in plain clothes—as soon as he came in, we told him that we were two City-police constables—I asked him if his name was Huggins—he said, "Yes"—I asked him if he had any property in Lime-street—he said, "Yes"—I asked him if he had heard of the fire; he said, "Yes," and asked me if Mr. Marchant was my inspector—I said he was—he said, because he had sent for him or seen him, and he had had a conversation with him about it in consequence—I told him that had nothing to do with us at all—(Bailey was with me)—I then produced on the table, before him, this block of wood and funnel as it is now, and asked him if he could give me any account of these—he said he would answer no questions; he had been told that Mrs. Strong and others had been saying something about him, that he was a suspected party—I asked him three times distinctly if he would give us any account of this block and funnel, and he said he should answer no questions, as he was suspected—I told him he must consider himself in custody—he said he did not understand the criminal law, he did not think we had the power; he could understand a summons, or a warrant from the Lord Mayor—I said we had sufficient power, and offered to show him our warrant cards to that effect; he then put his hat on, and went with us—I told him I must take him to London, and if he liked to satisfy my inspector about the block and funnel, that would be at his option—I took him to London, to the Fenchurch-street station—I stated to the inspector there what had passed between us; the prisoner said it was all true, it was the same as he should
have said himself, and asked the inspector if he might have bail—on 10th June I went to his house again, and found two camphine tins—I asked the servant whether they burned it, and she took me to the place where they kept it—one of them was full, I believe, and the other not quite full—this is it—I also found a black leather-bag with the prisoner's name on it—I brought it away—on 11th June I went again with Bailey, searched the stable, and found a piece of wax-candle in one of the carriage lamps; it was about the thickness of this piece here, the thickness of a chaise or carriage lamp—Bailey took it to have it tested—in the cellar adjoining the one where the step-ladder was, I found under the sawdust this camphine tin, and some camphine cotton, they were about a yard from one another; the tin was near the wall, where there was a hole made, and the cotton in the middle of the cellar—I did not smell camphine; this was after the second examination—I also found the chain which Mr. Ladd's shopman has sworn to, and four screws—I also saw a blank impression on some string, agreeing with this gold pencil-case, found on the prisoner—there is a seal at the end of it without any impression—in my judgment it corresponds with this seal on this string—I believe the one is the impression of the other.
ROBERT WOODWARD . I know the house, 52, Lime-street; it is in the parish of St. Andrew Undershaft—I am rate-collector of that parish, and have the rate books here—Ann Huggins was rated for that house last quarter, but not now—the house is empty—no alteration has been made in the ratebook.
EDWARD WINSTANLEY . I am a chemist, and live in the Poultry. I examined the tray in which the cotton was partially consumed, also the other tray, and the decanter—I believe the trays had contained cotton which had been saturated with camphine—when the decanter was shown to me at the Mansion House, it had a very slight smell, which I believe to be of camphine.
Witnesses for the Defence.
ANN HUGGINS . I am an elder sister of the prisoner; I am nearly ten years his senior—he resided with the family previous to his marriage—I have visited him for weeks and weeks together subsequent to his marriage—I have lost two brothers, one older, and one younger than the prisoner; they died of diseased brain, but I do not know what the disease was called; two physicians attended them—the prisoner's manner was exceedingly irritable from childhood; both night and day—he started up in his sleep, when a boy, calling for books; and he was exceedingly irritable thinking of business—he would throw his papers down, burst into tears, and rush from the table, and after asking for his meals, he would leave the house without them—he suffered very much from noises, the slightest noise seemed to affect him greatly; he would start up, and his features would display great uneasiness: we carefully avoided any kind of sound when he was at home, or even conversation—he was very much devoted to his business—his disposition, independently of the excitability of his mind, was exceedingly kind and gentle, considering every body's comfort and happiness but his own, not a selfish man by any means—he lived with his family on terms of the greatest kindness and affection, and with his father also, showing him every attention which it was possible for a son to show—his father died in 1849; the prisoner did not go into mourning, and when his child died, he did not go into mourning, and would not allow his family to do so, which was a source of great uneasiness to Mrs. Huggins—it is about ten years since he married, and until three years ago, he was devotedly attentive to his wife and children, playing with them, making one of them, and displaying the greatest kindness; since then, I have thought his manner rather
strange, it became much more distant—since 1847, he has been living on terms of the greatest intercourse with us; but lately his manner has been very distant, and he has requested me not to call—I have never given him any reason, perhaps it may have been the pressure of business—I have only seen his wife once during the last three or four years, that was at dinner; his manner then to her appeared the same as usual—I went there to dinner, and left after dinner; I saw no difference in his conduct then; I was not there long.
Cross-examined by MR. CLARKSON. Q. He is an attorney, is he not? A. Yes; I do not know who he was articled to—I know but little of his business matters—I am not able to answer how long he has been admitted an attorney—I think his age is about thirty-eight, but I cannot say positively—he left school for business when about thirteen or fourteen; he was not articled to an attorney then—he was employed by Mr. Williams, the attorney, many years—I do not know whether he served his time to Mr. Williams, Mr. Williams is alive—after he left him he served Messrs. Baxter and Co.—I cannot say whether those were the only two persons whom he served—he was with Mr. Williams at the time of his marriage; I think that is ten years ago—I believe Mr. Williams lives at Walthamstow—the prisoner continued with him twelve or fourteen years—he did not live in Mr. Williams' house, he occasionally visited him, but lived with his father and with me—he served Messrs. Baxter more than a year—I cannot say whether it was four or five years—he was married, and did not live at home then—he ceased to live at his father's house just before he was married—I think he was in Mr. Williams' service when he married—I cannot tell how long he continued there after he married, we were divided at that time, and he never mentioned business before me—I do not know whether Mr. Baxter is alive; Mr. Norton is—they were professional men, carrying on business in town—since 1847 I have seen very little of the prisoner, and know very little indeed of his circumstances.
MR. HUDDLESTON. Q. Have you any reason to believe he was in any difficulty? A. No.
HARRIET WEYMOUTH . I am married. When I was single I lived as servant in the prisoner's family, first at Sydenham, and I removed with them to Brixton—I was there very nearly three years altogether; I left at the latter end of June, or the beginning of July, three years ago—I was general servant—he kept me and a nurse—there was one child when I went, and I remained till a second was born—the prisoner and his wife appeared to live in the most kind and affectionate manner—he was most devoted to his wife in every respect, and he was always the same down to May, 1848, when he came home on a Saturday evening, very late, after the usual teatime, my mistress was in the garden watering; he did not speak to her; she asked him twice when he would take his tea, and he made no answer—he ordered the tea; it was taken in, and before it had been made for him be rushed out of the house, and did not return till the Thursday following—my mistress went after him; she returned in five or six minutes, not being able to go far, for she was near her confinement—we were up the whole of the night—Mrs. Huggins was in the greatest anxiety about her husband, thinking he would return—on the Thursday my mistress went away, to take the children for a change of air; and after she was gone the prisoner returned—I opened the door to him; he said nothing, but passed in as usual; he took tea as usual—he did not have prayers that evening, as the family were not at home—he made no inquiry after his wife and children—he left again on the following Thursday or Friday week—he was not at home that evening when his wife returned with the family, but he came home afterwards—he did not see her that evening to
speak to her, to my knowledge—he went off next day, and did not return for a fortnight—he slept in his own room, not with his wife—she remained in the greatest grief when she found he did not return, and so she did for a fort-night—she went out on the afternoon of the same day, and at the end of ten days he came back in the evening with her—I left the service about six weeks afterwards.
Cross-examined by MR. BALLANTINE. Q. She remained in a state of distress during Saturday night? A. Yes; and during Sunday—she did not send any one to make inquiries after him on the Saturday night, or go herself; she kept expecting him home—I cannot tell what inquiries she made on the Monday; I made none—there were letters passed on the Tuesday—the arrangement for the children to go out of town was made, when the prisoner rushed out—they proposed going to Brighton for change of air—I do not know whether he went down to Brighton to secure lodgings—they went to Grays, on the banks of the Thames.
MARIA FOULCHER . I have been in the prisoner's employment about five years—he was then living at Sydenham, with his wife and two children; for the first twelve months after I went, he was kind and affectionate to them; I never saw any quarrel—they removed from Sydenham, and I went with them—after that I observed symptoms of irritability in the prisoner: a noise, such as the shutting of a door, or a child crying, would cause him to shake himself, and say, "Oh, dear, keep him quiet"—he was excited much in the same way as other people are—I remember, on a Saturday, in 1848, his coming home to tea an hour after his usual hour—I was then nurse—I only heard him rush out of the parlour, and his wife after him; she returned in five or ten minutes—he took nothing with him as if he was going a journey—I next saw him in a fortnight, or rather better—I went with Mrs. Huggins to Grays, on the Thursday after this happened—I did not see him there: he was not there while I was there—I staid there a week, and returned on the night he came home—I was in my mistress's bed-room; he came up-stairs, and I instantly went out, and did not hear a word spoken; I went to bed; I know they did not sleep together that night—next morning he went out to business as usual, and did not return till a week or ten days afterwards, when my mistress went out, and they both returned together in the evening—I have often heard the prisoner raving about the room in the night, and stamping and groaning very much—since he went to Grays, the tendency to irritibility has been much greater, and there has been a very great alteration in his conduct towards his wife—one morning I took him a cutlet for his breakfast, and put it before him; he instantly jumped up and down in his chair, and twitted himself in his chair, and groaned very much; my mistress asked him what was the matter; he did not answer, but rose up and beat her most violently—I have witnessed that kind of cruelty to his wife rather frequently—about three years ago he behaved very cruelly to her; he threw a wet towel at her when she had scarcely been confined three days; and I have seen him throw knives at her—he has frequently complained about the meat, and said it was diseased, poisonous, and not fit for human beings, when we have all eaten the same, and known it to be quite good; we have had the butcher up to examine it, and he has assured us that it was good—we have returned several joints to the butcher because the prisoner said he would not have it in the house, and they have really had nothing the matter with them at all—he has repeatedly found fault with the butter, and I have taken it away, and brought the same butter back, and he has then accepted it as being good, and said nothing about it the second time—he did not always sleep in his own house; he slept
in No. 2, an empty house, six doors off, only the room he occupied was furnished—this was between two and three years ago—it was after the Saturday in May—when he has gone away to sleep in the empty house, he has frequently come home in the middle of the night, after we have all gone to bed, and knocked us all up—his conduct, while strangers were present, was very kind and attentive; and always kind to his children and servants whether strangers were by or not—his violence was towards his wife alone—for about three weeks he would remain perfectly quiet, except being nervous, and then he would break out, and it would last about a week.
Cross-examined by MR. CLARKSON. Q. What was his establishment while you lived with him? A. When I first went, in 1846, there was only me—I was nurse and household servant—he first slept in a room by himself, away from his wife, three years ago—whether sleeping at home or in one of the empty houses, he used to sleep in a different bed—his family consisted of himself, his wife, two or three children, and myself—he had chambers in London then, and used to go to business every morning, to Baxter, Rose, and Norton's, in Mark-lane—they continued not to sleep together for the period of three years—in the presence of strangers he was always kind and affectionate, not only to his children, but to his wife; but when strangers were away, he would break out with the utmost cruelty—the circumstance about the butter has happened a great many times within the last twelve months; that has been at times when he has been very irritable—he has eaten the butter, for there was no other for him to eat—it was the best fresh butter—it is nearly three years ago that Dr. Sawyer came—he attended my mistress during her confinement—after behaving cruelly to my mistress, he would go to his business as usual, and then return, and sleep in a bed by himself—he had arranged to go somewhere for a change of air about a week before he went away—he used to stay at his chambers, at Baxter, Rose, and Norton's, Mark-lane—I do not know whether he had an apartment there—I was not in the room on the Saturday when he rushed out while his tea was making—I heard him rush out of the house—he had been in the room about three minutes—I merely came from the garden into the nursery, and heard him go—I went with my mistress to Grays—only the servant was left in the house at Sydenham, the previous witness—I came home at the end of a week—the prisoner was not at home then, but he came home—there had been letters from him while we were at Grays; I do not think there were more than one or two passed between them—we used to go to the pier every day, expecting to see him—he went away again next morning, I do not know where; I did not ask my mistress—she remained at home—she received letters from him—the last time he threw a knife at her was about nine months ago—he was sitting at his breakfast, I was in and out of the room, nothing was said; but as I was coming to the door, I heard the knife go, and my mistress rushed out of the house—I cannot tell what the disagreement was—I know no other story about a knife—the beating has been very frequent; the first time it was about the piece of meat—he beat her with his fist, on her back, and bruises were left for several weeks afterwards—I did not go for assistance—it was a very few minutes about, and my mistress got away from him into the next room—she said nothing to him that I heard—he is the proprietor of several houses along Loughborough-park—a man was employed to paint and put them in order—my master had a room furnished at No. 2, and he slept there.
MR. BODKIN. Q. Was he ever irritable and angry in your sight to anybody but his wife? A. No; he had a bed to sleep in at his own house—he
did not sleep there, on account of the children coughing and making a noise in the night—he slept at No. 2, a year or a year and a half, I cannot exactly say—I only saw him throw a knife once—when I took back the good butter a second time, he has eaten it, and said nothing about it, after saying at first it was not fit for human food—he did not desire me to do anything with it—it was the best we could get, and my mistress desired me to take it away, and bring the same back again—I did that several times, and he was always satisfied with it.
JANE ROBINSON . I am nurse in the prisoner's family. I went there last Dec. twelve months—he has always behaved to me and my fellow-servant's with great kindness—he has behaved to his wife with the utmost cruelty—when I had been there about a fortnight, I heard him stamping and raging about in the dining-room very much—I heard him beating his wife, and heard him say, "I will kill you"—I opened the door, and asked what was the matter; as I went out at one door, he followed out at the other—he did not speak to me or my mistress—my mistress said, I am very glad you have come in; he would have killed me"—I have seen him beat her at other times—it has left bruises, from which she has been confined to her bed four days—I have seen him throw chairs and knives at her, and many other things—when he has been treating her in that way, he would tremble, his eyes would bolt as if they would leave their sockets, and he would growl like a savage dog—I never knew his wife say an angry word to him; she always studied him in every respect—I used to make my mistress laugh by saying that it was at the change of the moon that he conducted himself in that way, because I used to notice it every month for three or four days, when he would be in a very violent temper, and then he would be very calm again—for the first five months I knew him, he used to sleep in an empty house in the row, No. 2—I have very often been called up in the night when he has come from there, and asked for a cup of cocoa, and I have made it for him while he laid on the sofa; and he would groan and bowl like a savage dog—he would come in his night-shirt, with his trowsers and coat not properly put on, and a handkerchief round his neck—sometimes it has been a very wet, cold night, not always—he suffered very much from his head—my fellow-servant used to have to pump upon it every morning—he usually went out from half-past 8 to 9 o'clock—he appeared, as far as I know, to be very much occupied.
Cross-examined by MR. CLARKSON. Q. Did he ever bring home papers of a night? A. Yes; and took them to the house, No. 2—he used to go there to get out of the way of the children, but we kept the children very quiet because he could not bear the noise.
ELIZABETH MORRISS . I am a nurse. I attended Mrs. Huggins during her confinement, the last time was in 1848—on the third day after her confinement Mr. Huggins was exceedingly unkind to his wife, and was raging exceedingly loud in the bed-room; I could not think what was the cause of it—I had to go down-stairs, and found him hallooing and railing very much when I came up; he had a towel in his hand, which he threw at his wife with such violence that it quite alarmed me—I observed nothing while I was there that could have caused that excitement—I remained there two months, during which his conduct was exceedingly unkind—she was lying on the sofa the first time she came down, and he took the children up and jumped them violently; I never saw any one so violent as he was—I saw not the least provocation.
excited state; he complained very much of his head; he told me his nights were bad; that he could not bear the noise of the children, in consequence of which he was obliged to leave his room and go to a room in another house; that he had considerable horrors coming on him, and felt a strong inclination to commit suicide—I recommended medicines, the use of cold applications to the head, and change of air and scene—I received a private communication from Mrs. Huggins about five weeks afterwards, in consequence of which I saw him again, at his office—I found no fresh symptoms, but an aggravation of the old ones—I considered him to be labouring under congestion of the liver and brain—I had known him professionally previous to 1848, down to which time his conduct to his wife was most affectionate and kind—I attended her in her first accouchment—since 1848 she has complained to me of a change in his manner, but in the most delicate manner, and in perfect confidence—when I saw him again, after the six weeks' interval, I recommended him to leave his home, and have a total cessation from business, and to be under the care of myself or some other medical man—I receive nervous persons into my house, but nothing more than that—I informed Mrs. Huggins what I thought of him—I have heard what has been proved here to-day by the servants, and assuming those facts to be true, I should refer them to the conduct of an insane person decidedly.
Cross-examined by MR. CLARKSON. Q. Are you a licensed keeper of any asylum? A. No; I have no doubt that at times the prisoner did not know right from wrong, I mean, among other things, when he was beating his wife and changing the butter—I have not seen him since he has been in prison—I cannot tell you why; I was not asked—it is nearly three yean since I saw him—I should say he did not know right from wrong when he was thinking of committing suicide—I can only judge from what he told me—whatever he committed at that time I should not have been surprised at—his having congested liver, would produce irritation of the brain—I am not capable of judging whether he knew right from wrong when he said to the policeman, "I am a suspected person, and I won't answer questions. "
Q. Should you attribute such an expression as that, in such a man as the prisoner, to a desire to escape from the responsiblity of a discussion, or that he was not in his senses? A. I do not consider him in his senses at that time, decidedly—I do not say that a man who acts with violence does not know right from wrong—I should consider it my duty, when I believed a man felt disposed to commit suicide, arising from a disordered brain, and a distempered mind, to put him under restraint by a certificate—I did not do so, because, during this time, he was attending to his practice, and I was not able to do so; it was not my duty—I should not have been afraid that I was certifying for the imprisonment of a sane man if I had; I think he required it, for the state of mind which he manifested—I believe that at that time he did not know right from wrong—I believe he was temporarily mad—I did everything I possibly could to recommend his being under proper management, and that he should come to my house, if he would not consent to go to some other medical man; I offered to take him to my house, where he might sleep, and go backwards and forwards to practice—he said he could not give up his practice entirely—I offered to do that in order that he might be under my eye—he might, at the moment he told me he could not do so, be of sane mind; but he was certainly subject to temporary aberrations, most decidedly, or else I should not say so—I am not fit to judge whether he was fit to practice in his avocation.
COURT. Q. Having entertained an idea of committing suicide, and not
doing it, what effect do you give to that circumstance as to his distinguishing right from wrong? A. These questions are very difficult to solve—I think that a difficult question.
JOHN CONOLLY, ESQ ., M. D. I am physician to the Asylum at Hanwell. For the last twelve years I have been entirely devoted to the subject of diseases of the mind—at the desire of the prisoner's family, I have had interviews with him since he has been in prison—after a great deal of conversation with him, I am, as a physician, of opinion that his mind is not perfectly sound, that his judgment is impaired—I have heard the evidence that has been given on his behalf to-day—assuming the facts to be true, they seem to me to describe the character of a man who is on the very verge of insanity; in a highly irritable state of brain, and who, now and then, seems to have been quite maniacal—examples are very frequent of a man's mind being impaired to a considerable extent, and yet he may be able to attend to his ordinary occupations—my experience has satisfied me of that.
Q. Suppose a person to have lived upon terms of the greatest affection with a woman for seven years, and then suddenly to change his conduct, and to treat her as the object of his most determined dislike, and to ill-use her, without any apparent reason; to what, in the absence of any explanation, would you refer such a change? A. It is one of the most frequent of the symptoms of insanity—an indisposition to take food on the ground that it is poisonous, is also a very common symptom of incipient insanity—insane persons very frequently exhibit a great deal of cunning and artifice.
Cross-examined by MR. BALLANTINE. Q. Does the cunning and artifice that you say insane persons sometimes exhibit, generally tend to their own benefit, or their own injury? A. Generally, to their own benefit—I do not mean to say that they are more likely to manage things to their own interests than sane persons; I mean that it is a very frequent symptom of insanity to endeavour to do things by cunning and artifice which do not require it.
Q. But suppose things do require cunning and artifice to do them effectually, and that they are done effectually, do you think it is evidence of sanity or insanity, which? A. I should find it difficult to say—I should not say that of itself it was evidence, either of the one or the other.
Q. On the subject of impaired mind, I suppose any false judgment, or wrong reasoning, is what you would call almost an impaired mind? A. That is a matter altogether of measure; I do not think there is any clear and strong line of distinction that can be drawn to define the shades of it—I do not say that the mind of any person committing a crime is impaired; I should take each case by itself, and consider all the circumstances of the case, to enable me to distinguish whether it had passed the line or not—if a man, who appeared to be fond of his wife for many years, beat her frequently and violently, I should strongly suspect that he was mad—I should certainly inquire whether there existed a reason for it, before I should consider a man quite sound who acted in that manner—I should not consider a man quite sound that beat his wife, under any circumstances, not a gentleman; I should take all the circumstances into consideration, the station of the patient, his previous habits, and so on; and, of course, inquire whether any cause of quarrel existed.
Q. You do not consider, for a moment, that this man has not understood right from wrong? A. I imagine that his malady, like the malady of all patients, really and truly does impair their sense of right and wrong; but I feel this to be so important, this question is so often asked, and medical men think so much depends upon it, that, perhaps, you will permit me to say,
that there are insane persons, and many under my care at Han well, who, I am sure, understand right from wrong, but who would commit the wrong, and who would say, "If I commit the wrong, you cannot punish me, because I am a madman:" therefore, we medical men do not consider that a question of distinction at all—I should question the power of a mind in the state in which the prisoner's has been, to appreciate right and wrong.
Q. You can perfectly understand my question) because, as you say, it is one that is so often put to you; do you mean that at the time he was beating his wife, or at any of the periods that have been spoken to, he could not distinguish right from wrong? A. I am perfectly aware that is the question.
COURT. Q. If that is the question, it can surely be answered? A. I do not think it can absolutely be answered: I think it can only be answered in the manner in which I have answered it.
MR. BALLANTINB. Q. You can give me your opinion, and I must trouble you for it: in your opinion, could he distinguish right from wrong? A. Well, sir, I do not understand rightly that question—if you mean positively absolutely, on every subject, I cannot answer you—I could not say that he was unable to distinguish right from wrong, but I say that his power of appreciating it is impaired; his power of reasoning accurately is impaired; the power of controlling or resisting a train of thought tending to criminal actions.
COURT. Q. How do you apply that? A. I think in many morbid states of mind, the patient is in that condition that ideas will present themselves in his mind having a tendency to crime, which he has not an equal and constant power of resisting.
MR. BALLANTINE. Q. And yet, notwithstanding that, he may perfectly well know the distinction between right and wrong? A. He may know it—I think at this time that he has not that sense of the difference between right and wrong that a sane person should have—I dare say he knows the difference when it is applied coolly to his judgment—I saw him in company with Mr. M'Murdo—I believe he is here now.
MR. BODKIN. Q. I think you say, you are of opinion, that he has not now the sense of a sane person as to the distinction between right and wrong? A. I think so—that is the impression upon my mind now—nothing is more common than for great devotion to business by a person naturally excitable to lead to that state of mind.
SIR ALEXANDER MORRISON , M. D. I am physician, to Bethlehem Hospital. My attention has been directed for a great many years to persons of unsound mind—I have had the management, and charge of the lunatics at Bethlehem Hospital for about seventeen years—I have had opportunities from my experience of paying attention to the subject of insanity—I have not had an interview with the prisoner—I have heard the whole of the evidence which has been given in Court to—day on the part of the prosecution and defence.
Q. What is your judgment as to the state of mind of the person whose conduct is now under inquiry? A. I do not feel myself entitled to say that he is of sound mind—I mean that I consider he is of unsound mind—I find in my experience that there are persons who are of unsound mind, who are yet capable of attending to their ordinary business—I also find cases of persons of impaired, or diseased mind who are sometimes sane, and at other times have no power or control over their actions—change of affection is often the commencement of insanity—persons of an excitable disposition are frequently attacked with insanity, or persons of a nervous or melancholy temperament—persons
who have been afflicted with pains in the head, and who are nervous at sudden sounds and noises often labour under insanity—I have known instances where persons have become insane gradually, and at other times suddenly, and afterwards have been in possession of their reason—I have attended to the whole of the circumstances in this case—from the prisoner's condition and conduct previously, and from the evidence I have heard to-day, I think he was of unsound mind at the time this act is said to have been committed.
COURT. Q. Of unsound mind in all respects; incapable of distinguishing between right and wrong? A. I do not mean that—I am not here to decide the question of responsibility in an insane person, and therefore I cannot go the length of answering what lawyers frequently ask, is he capable of distinguishing between right and wrong; I mean to say his brain is in a disordered state, but I cannot define the degree of responsibility and con—sciousness which he possesses.
MR. HUDDLESTON. Q. I will take it in that way; we understand from Dr. Conolly that many persons have not the power of resisting ideal that may lead in a criminal direction? A. Yes; I believe from what I have heard to—day, that on 31st May, Mr. Huggins was of unsound mind—I to not acquainted with any general definition of unsoundness of mind—there are three leading features in insanity, which sometimes exist together, sometimes separately, and which are I should say, delusion, incoherent discourse, and irrational conduct—I do not think there is any description of insanity which embraces all those—I put the circumstances I have heard, under the class of irrational conduct—there is a disease which you may call a morbid state of the feelings—some persons call it moral insanity, others madness without delusion, and others call it incipient insanity—this gentleman I conceive has a morbid state of the brain which leads to complete insanity—I de not say he is quite raving mad—he is not that certainly at present, but he is in a diseased state of the brain, and that has been going on I presume for some time—moral insanity is principally in the early stages, some call it incipient insanity, and others lesion of the will—that is generally depen—dent upon a diseased state of the brain, existing at the time—there it sometimes a morbid disease which might terminate in complete insanity—in the course of disease of the intellect, there are several cases where the patient is devoid of reason—I think that stage would be brought about generally by external excitement, and by the progress of the disease which I conceive to exist in this case, I think it has been coming on for several years—I am not prepared to say that he arrived at one of those stages on 31st May, but the act seems to me to have been conducted in a very irrational manner, in an individual in whom disease was in my opinion progressing.
Cross-examined by MR. CLARKSON. Q. You have never seen him to examine him at all, until you saw him in the dock? A. No; it is entirely from the evidence—I do not admit the definition of knowing right from wrong, I do not mean to answer the question in that way—I mean to say that hit knowledge of right and wrong was impaired; that he was not equally sensible of the distinction as a sane person would be—there is a state of disordered brain, in which persons may know right from wrong—in my opinion the prisoner's case is that of a person whose brain is disordered, and who does to a certain degree, know right from wrong.
Q. Suppose you were to take into consideration a deliberate preparation for eighteen months to commit an offence, the commission of the offence, and then an avoidance of answering questions from fear he should get into difficulty,
by saying that being a suspected person he would not answer any; would that be indicative of a sound or unsound mind; that is, of a person knowing right from wrong? A. His saying he would not answer any questions is not anything at all; it very often happens that in committing crime, an insane person is quite sensible be is doing wrong—I mean to say, that on 31st May his brain was disordered in such a degree as to take away his perfect knowledge of right and wrong—I am not aware that be knew the distinction between right and wrong at the time he did it; I will not undertake to say on my oath, that he did not—I will undertake to say that he was in a diseased state when he did it, that his power of preventing crime was impaired, and that he did not possess that degree of consciousness and responsibility.
FRANCIS RICHARD PHILP , Esq., M. D. I am a fellow of the Royal College of Physicians—I have been practising medicine twenty—on e years—my attention has for many years been given to diseases of the mind—I have not had an opportunity of examining the prisoner—I have heard the evidence that has been given to—day, und the mode in which this crime is stated to have been effected—at this time I cannot exactly say what is the state of the prisoner's mind, I only judge from the history of the case—assuming the facts stated on both sides to be true, I should consider that on 31st May, he was of unsound mind—I think that he bad a less power of judging between right and wrong than a sane person.
Cross-examined by MR. SKINNER. Q. Do you think that deliberation in carrying out a series of acts, an evidence of unsound mind, with reference to the evidence you have heard to—day? A. I have known many cases of unsound mind where the parties have exhibited great deliberation—I think it possible—I do not believe it is evidence one way or the other; if anything it would be favourable to soundness of mind taken singly—it is from the history of the case I form my opinion of his insanity—I do not think any man of sound mind would make so many persons acquainted with his transactions—that is one reason, and from the history of the case it is very clear to me that he has been for a considerable time of unsound mind, from the delusions that are proved to have existed—I should think a pipe of that kind would not be made by a sane person for such a purpose of such a material—I think the thing might have been done more simply—I do not found my opinion on that solely—I should think a man of sound mind would not have taken such a course—I do not think that the act of beating his wife when they were alone, would indicate his being insane—I do not know whether it would favour the idea of sanity and fear of other persons opinions; I think it would—it is not upon that incident that I form my opinion—the delusion I speak of is respecting the food provided for him by his wife; and one ground of my opinion is his change of habit and manner from one of the most affectionate of men, and becoming, as the servant describes it, a brute—I am aware that husband and wife are sometimes at variance at the latter period of their lives, when they were not so formerly—I should be very much inclined to think that that was attributable to insanity, on such & sudden change as I have heard described.
Q. Then taking what you suppose to be a sudden change of manner towards his wife, and his selecting the opportunity of beating her when alone, and the circumstance of the want of simplicity in preparation for the crime; do you believe that he was ignorant of the distinction between right and wrong? A. That is a great puzzle; I believe the greater number of lunatics----
COURT. Q. That is hardly an answer to the question; you were about
to make an observation instead of an answer? A. Well, I suppose he did know right from wrong.
MR. BODKIN. Q. I think you were about to say that you knew a great many decided lunatics who have known the same? A. Decidedly, a great many.
GUILTY . Aged 37.— Death recorded .
NEW COURT.—Friday, July 11th, 1851.
PRESENT—Mr. RECORDER; Mr. Ald. HUNTER; and Mr. Ald. SIDNEY.
Before Mr. Recorder, and the Fifth Jury.
MR. PARNELL conducted the Prosecution.
PAUL PETER RTAN . I am a cab-driver. Last Saturday night, at half-past 12 o'clock, I was standing at the corner of Dunning's-alley, Bishopsgate-street, with Savage—the prisoner and a friend of his came up, and ran against me and Savage—Savage said, "Halloo, governor, take care of my foot"—he had a bad foot with the rheumatic gout—I said, "Why don't you run over people?"—the prisoner turned, and abused roe—he said, "Who are you, you B—y snot," and swore in a strange degree—at last he came up to me in a fighting attitude, and said, "What will you do, you Cockney b—r?"—his fists were clenched—I struck him, and knocked him against the shutters of Mr. Groves's shop—his friend stepped forward, as if he were going to take it up, and I struck him—the prisoner partly took off his coat—he stood and looked at me for a second, and put it on again—he said, "I will give you something," and walked into the road, as I thought, looking for a policeman—a young man who was standing by said I should not have struck him first—I asked if he knew what provocation I had had—he said he did not—while I was talking, the prisoner came behind me, and gave me a very heavy blow, but with what I cannot tell—it cut my hat, and stunned me—he ran away directly—as soon as I recovered myself I ran after him—I saw him standing against a gas—lamp—I knocked him down—that was two or three minute after he had given me the blow—he got up, and raised his right arm—I thought he was going to strike me, and I put up my left arm, and received I knife through my jacket and into my arm—I went to the hospital.
Cross-examined by MR. CHARNOCK. Q. Are you a pugilist? A. No; I fight when it is required—I was sober—the prisoner was not drunk; he bad been drinking—I had not a cab then; I was out of employ—I struck the prisoner rather a violent blow—he went against the shutters, which were two or three yards off—he had not struck me—he would have struck me—I only struck him one blow on the second occasion—it was a pretty sharp blow—after I knocked him down he took out his knife—I did not endeavour to prevent him from rising and run against the knife—I did not run against it at all—he said at the station that he took out the knife to protect himself and that I ran against it—I do not recollect his saying that he was sorry, and that he did not mean to do me any harm—he said I had struck him first.
HENRY DAVID SAVAGE . I am a carver and gilder. Last Saturday night I was with Ryan—I had a bad foot—the prisoner and his friend came up and rolled against me—I told them to mind my foot—I think they were both tipsy—Ryan said, "You had better run over people"—the prisoner said to him, "Go to b—y"—high words ensued on both sides, and the prisoner
asked Ryan what he could do, and put himself in a fighting attitude—he pulled away from his friend, and rushed towards Ryan, as if he were going to strike him—Ryan then struck him, and knocked him against Mr. Groves's shutters—the prisoner then stood and looked at him, and took his coat partly off—I thought he was going to strike him—a young gentleman named West advised him to put his coat on again, and he did, and he either said he would get somebody for him, or do something for him, I do not know which—he went into the road; and West said to Ryan, "I would not have struck him first; that was a shame"—Ryan said, "You seem to know a good deal about it"—while we were standing, explaining the matter, there was a blow given—I did not see it, but I heard it, and saw the prisoner running away—Ryan ran after him to a lamp-post—I hobbled to him with one leg and a stick, and was just in time to see him give the prisoner the blow and knock him down—he got up, and made a thrust at him, but I did not see any knife—he then ran away towards the station.
Cross-examined. Q. How far were you from where the last blow was given? A. Not farther than I am from the prisoner now—the lamps were lighted—the blow was a severe one.
JOHN PARMLBY (City—policeman, 815). Last Saturday night I met the prisoner coming down Bishopsgate—street very fast—he had this knife open in his hand—I heard a cry, and crossed the road to take him—he ran with such force that he knocked me down—I afterwards took him—he had this knife in his hand—I took him to the station, and he was charged with stabbing the prosecutor—he did not say anything about his having struck him, but he said if he did strike him he would stab him.
Cross-examined. Q. Did he say, "He knocked me down first; I got up sod ran away; I took out the knife to protect myself and he ran against the knife?" A. I believe he did.
COURT. Q. When Ryan was there the prisoner said, "If he strikes me I will stab him?" A. Yes; I had taken the knife from him then.
(The prisoner received a good character,)
GUILTY of an Assault,—Recommended to mercy by the Jury and Prosecutor ,— Confined Fourteen Days .
MR. W. J. PAYNI conducted the Prosecution.
MARY ANN BRAGG . I am the wife of Thomas Bragg, a chair—maker, of Bacon-street, Bethnal-green. I have known the prisoner five or six years, he was in the habit of coming to our house—on Thursday, 19th June, about 9 o'clock in the evening, I was standing at my door talking to William Slater, who lodges up-stairs—the prisoner came across the road to me and asked me if my husband was at home, I told him he was not—he told me to come inside, he wished to speak to me—I followed him into the front-room on the ground-floor—there was no one else there—the door was open—he told me he had heard my sister was coming home in six weeks, and I had not told him, but my husband had—there was an attachment on his part to my sitter—he would have paid his addresses to her if she would have allowed it—when he said I had not told him, he appeared very angry, and I noticed he had in his hand an open pocket—knife, which he carried with him—I did not see him open it—I judged from his tone and manner that he was angry, and he came in roughly—I went up to him and told him not to make himself silly in my place—I tried to get the knife from him—I caught hold of his arm as
well as I could, and he took hold of my right shoulder with his left hand—he had the knife in his right hand, and I received a blow on my left side, just under the arm—I told him I thought I was hurt—he did not make any reply—he left the room, went into the back-room, and I heard him fall—I went after him and found him lying on the shavings—I called a lodger down, and in about ten minutes Ellen Slater came down—the prisoner was then standing at the back window in the room he had gone into, and I was sitting on a chair—I felt my clothes getting stiff—I took them off, and found I was stabbed under my arm, in the same place where I received the blow from the prisoner—after a little time I felt very faint—there was not a great deal of blood—my stays were cut through—I was taken to the hospital, and remained there till the examination before the Magistrate—I had never had any quarrel with the prisoner.
Cross-examined by MR. HORRY. Q. You have always been very friendly with him? A. Yes; I thought he was going to stab himself, and went to prevent it if I could; in so doing I received the blow—I thought so from his having attempted something of the sort before—he had not tried to stab himself, to my knowledge—he had acted foolishly—he one time attempted to take poison—that is about two months ago—I cannot say whether that was about my sister—when I attempted to take the knife from him, he rather struggled with me—he did not try once or twice to push me off—he held me tight by my shoulder—I did not see the knife when he came across the road—when he came in the room I saw it—my husband and the prisoner were out together in the afternoon—I had on a cotton dress, and my stays and shift—I did not think he was going to do me any harm when I went to him, but when be held me tight I thought he was—I tried to get away, and to wrench myself from his grasp, and I received the blow—these are my stays.
WILLIAM SLATER . I lodge at Mrs. Braggs'—I was talking with her at the street—door—I saw the prisoner come over the road, from the public—house—he said to her, "Is Tom at home?" meaning her husband; she said, "No"—he said, "Where is he?"—she replied, "You know where he is as well as I do"—he said, "Come in here, I want to speak to you"—he went into the front—room on the ground—floor, and she followed him in—one of my children asked me to take her up—stairs to bed—I did not go up—stairs immediately; I stood two or three minutes at the street—door, which is about four feet from the door of the room—soon after the prisoner and Mrs. Bragg went into the room, I heard her exclaim, "Oh! oh!"—I then went up-stairs—when I saw the prisoner go into the room, I noticed he had both his hands in his coat—pockets—he walked very steadfastly over the road—he might have been a little elevated—he did not appear intoxicated.
GEORGE COX (policeman, H 138). About half—past I o'clock in the morning of 20th June I went to 45, New Nichol—street, Bethnal—green—I found the prisoner in bed—Mr. Braggs was with me—I told the prisoner he was charged with stabbing Mr. Braggs's wife; he said he had not the slightest recollection of being in the house at all—I took him to the station, and searched him—I found this knife in his trowsers-pocket—I returned to Mrs. Braggs, and got these stays—they are cut through, and there is blood round the cut.
Cross-examined. Q. In what condition was the prisoner? A. I think he had been drinking, but he was not much the worse for liquor.
THOMAS NADAULD BRUSHFIELD . I am house—surgeon, at the London Hospital. Mrs. Braggs was brought there on 20th June, and placed under my care—I found a punctured wound on the left—side of her chest—I did not
probe it—it was not bleeding much—it was one—third, or it might be half an inch long—there was hardly sufficient bleeding to cause faintness; the alarm might have produced it—such a knife as this might have caused such a wound—the cut on the stays would come about the place where the wound was—it was on the left-side of the chest—I judge it was between the fifth and sixth ribs—it was not over the heart, more on one side of it—it was about one inch below the level of the nipple—it was in a dangerous situation—the wound itself was not of a dangerous character—she was under my care about nine days—she went out when the wound was healed.
(The prisoner received a good character.)
GUILTY. Aged 25.—Recommended to mercy. by the Jury. — Confined Eighteen Months.
1505. GUISSEPPE TISI , breaking and entering the dwelling—house of Charlotte Slow, and stealing 3 sovereigns and 10 shillings; the moneys of Andrea Signori. (Mr. Thompson withdrew from the Prosecution.)
NOT GUILTY .
MR. W. J. PAYNE conducted the Prosecution.
WILLIAM UPTON . I am a tailor, of 48, Tabernacle-walk, in the parish of St. Luke's. On 6th June I went to bed about 11 o'clock at night—the window of my cutting—room was shut to with a catch—the shutters were shut to, but not fastened—about 3 next morning I was aroused by the ringing of a bell—I came down, and found my cutting—room window open, and the back—door also—the cutting-room is on the ground—floor—I went intothe front shop, and found the window cleared—I missed about seven yards of doth, six yards and a half of velvet, some kerseymere, some umbrellas, coats, and other things—they bad been safe the night before—I had seen the prisoner.
Cross-examined by MR. COCKH. Q. Have you any partner? A. No; I have lived in that house thirteen or fourteen years—I have four children, my wife, and myself, sleeping there—I have been without a servant for a short time—my daughter, my wife, or myself, close the house—I closed the cutting—room window on the night of 6th June—I think I was the last person up, I am not certain—I cannot say that I had closed all the doors and windows that night—I know they were closed—I know I closed the cutting-room window—it had been open during the day—I put the shutters to myself.
JOHN MACKMIN . I am Mr. Upton's brother—in—law, and live at 51, Tabernacle—walk. I am a linen—draper—about half—past two o'clock on the morning of 7th June I heard a great noise in the street—I opened my bed-room window, and saw some people in the street—I asked what was the matter, and they could not tell me—I opened my back window, and saw some goods at the back of my premises, which turned out to be my brother—in—law's.
JOHN RUDRUM (policeman, G 232). I was in Tabernacle—walk about 3 o'clock—I saw the prisoner drop from a wall in Branch—buildings, about three or four doors from the prosecutor's, with a parcel—Branch—buildings runs parallel with the back—yards of the houses—he saw me, and ran down the buildings—I ran after him to the bottom, and he jumped over another
wall—I caught him by the leg as he was getting over; but in consequence of his being so far over, I was obliged to let go, and he escaped—I saw him on the wall—it was the same person who had dropped from the wall that I caught—I found he had dropped this piece of cloth—I went to the prosecutor's, and sprang my rattle—more assistance came—I went to the station, and found him in custody about 20 minutes past 3—I found on him this chisel and some lucifer-matches—this jemmy was found in a garden about two doors on the other side of the prosecutor's, not the way the prisoner had come—two other men made their escape, and most likely they dropped it.
JAMES COPE (policeman, G 175). I was in Paul—street, about 100 yards from the prosecutor's—I heard the spring of a rattle, and the cry of "Stop thief!"—I saw the prisoner running in a direction from the prosecutor's towards me, till there was a street on his left hand; he turned up there—I ran after him, caught him, and asked him what he had been doing—he replied, "Nothing much"—I took him to the station.
GUILTY . Aged 31.
The prisoner was further charged with having before been convicted: to which he pleaded
GUILTY.— Transported for Ten Years .
MESSRS. METCALFE and LAWRENCE conducted the Prosecution.
HENRY COLLINS . I am an auctioneer, and live in Brewer—street, Goldensquare. In Feb., the prisoner called on me—I think it was between the 20th and 24th; he asked me to discount him this bill of exchange, which I did—I did not make any inquiries as to the genuineness of the signature—it came due on 21st May; I think it was presented that morning, but not by me—I received notice from my solicitor that it was a forgery—I saw the prisoner a day or two afterwards, and said, "Here is a bill of Hodge's returned a forgery"—he said, "Impossible; I saw him write it. "
Cross-examined by MR. BALLANTINE. Q. How long have you known the prisoner? A. Between one and two years—I gave him into custody on this charge on the day he appeared at the Insolvent Debtors' Court—I really cannot tell the date, it was about the middle of June—he is a professor of music—I learned this was a forgery immediately after the bill became due, and I gave him into custody about 16th June—I knew where he was the principal part of the intermediate time—he had been to my house two or three timers, and he always declared that this was Hodge's signature—I was very ranch disposed to believe him; I did not believe him—I made Hodge make a solemn declaration before the Magistrate—I have had three or four trans actions with the prisoner—I have discounted bills for him at different times, taking the regular discount, two shillings in the pound for three months; that is 40 per cent. per annum—that was what I was to get on this bill—there were half a dozen transactions between the prisoner and me—I have had two bills with Hodge's name—one was a check of Hodge's, and one a bill; they were both paid—I had an opportunity then of seeing Hodge's writing—I looked at it—I did not look at this bill; I might have done it—I proceeded on the faith of what the prisoner told me; my confidence in him was great—I understood my solicitor wrote to Hodge; he did not object to me to make the declaration—I believe it was made on 16th June—I directed my solicitor to write to him to make it immediately, after the bill was returned a forgery.
MR. METCALFE. Q. Is this the declaration of which you have been speaking?
A. Yes; after I heard the bill was a forgery, I put it in the hands of my attorney, and left him to conduct the business—my reason for not examining this bill was, I had had several transactions with the prisoner, and relied on him.
JAMES HODGE . I am a piano—forte string maker, and live at 61, Greek-street, Soho. I know the prisoner, and have had a great number of transactions with him about bills—this bill (looking at it) has "Accepted, James Hodge," on it—this is not my writing, decidedly; it is very little like it—I never gave the prisoner authority to write this for me—I never gave him instructions to accept bills for me; he never accepted a bill in my name, to my knowledge—I became informed of this document shortly after it was presented, for payment—I was not in the way when it came—it came to my notice tome time in the same day—some time after that the prisoner called on my solicitor; I bad a very long conversation with him, I should think five or six hours, at the solicitors, Messrs. Pritchard and Collette, Lincoln's Inn Fields—Mr. Neal and Mr. Collette were present—the prisoner said he had been in such difficulty for some considerable time past, that he really did not know what he had been driven to do—Mr. Neal immediately said, "Then you intend to admit having committed a forgery?"—the prisoner said he hoped there would be no advantage taken of anything he might have said there—the words were "Of anything I have said now"—I do not know the date of the conversation; I think it was Some time in May—I remember the declaration that has been alluded to—I think it was made about a fortnight before he was taken, and I think about a fortnight after the bill was dishonoured.
Q. Before the prisoner said what you have already told us, had anything been said about the handwriting of the bill, or its being a forgery? A. He laid he would give any time that was required for payment of it, if I would only admit it was my signature—I said I would not admit anything of the kind—I am quite satisfied he used the word "will"—I told him I never accepted the bill, and therefore I would not admit anything; I knew nothing about it, neither would I contribute a penny towards it—he had brought me another bill—I think that was some time in April—I do not remember the date—he came to my work—room, and he said, "Don't throw yourself in a passion, Hodge; there will be a bill presented to—morrow, take the notice, and I will make it all right"—I told him I had no bill coming due—he said "Never mind, I will make it all right"—I did not see the billon the day it was presented—I saw it afterwards; this is it—the acceptance is not my writing—it is dated 10th Feb., 1851—it is a two months' bill—it was presented the day after the conversation I have spoken of; the conversation was on 12th April, and on 13th, the bill was presented—I never paid it—I know the prisoner's writing—I believe these letters (looking at some) are his writing—I have not the slightest idea as to the writing of the acceptance, "James Hodge," on both these bills.
Cross-examined. Q. Is Mr. Neal here? A. I believe he is outside; he is clerk to Messrs. Pritchard and Collette—I believe they are respectable solicitors—I had not this five or six hours conversation to see if I should compromise this matter—I was sent for by my attorney—there was the prisoner, Mr. Collette, and Mr. Neal—I mean to represent that Mr. Collette was present—the prisoner was without any assistance—we had him amongst us live or six hours—that was after I knew be had committed a forgery upon. me—two or three forgeries have been committed; I do not know who committed them—if I had accepted this bill, I would pay it; but I have not—I did not have the prisoner at my attorney's; I was sent for; I did sot know
he was to be there—I found him there—I did not give him into custody, for I had nothing to prove that he had forged—I did not want to get a confession, or a compromise; a compromise was not proposed—I believe Mr. Neal suggested to him that the best thing he could do would be to go and pay these forged bills—I believe the attorney's clerk did say so in presence of his master—I believe Mr. Collette supposed it was a forgery—I do not suppose they cared about settling the matter—I never heard the name of Gilchrist—no person came in while this conversation was going on.
Q. Was it not proposed that somebody should give an acceptance, and did not that person say he would not lend himself to do so—he would' not prefer one creditor to another? A. I will swear I never said it, or heard it—this last bill which has been put in is a forgery—the prisoner told me this forged bill was to be presented—I did not leave word at my house that when presented the parties were to be told that I was at Exeter—I did not go away—I believe I was in the house at the time it was presented—I did not see the bill—the notice was brought to me—I took it in, and said I should see Brandt on this—I did see him, and told him he had better settle it—I received a copy of a writ for it—I gave instructions to my solicitor—I do not know whether it was ultimately paid—I do not know that the prisoner forged my name on that occasion—I was perfectly satisfied that he knew something about it—I accepted two bills for him after that, after I knew the first was a forgery—Mr. Child showed me two bills, and asked me if that was my signature, I told him it was—I did not deny it—I had not denied it before—he spoke to me about a bill coming due, and my solicitor wrote, by my direction, to say there was no bill coming due, and when it came it was a note of hand payable on demand—Mr. Child did not say, "You scoundrel, do you mean to deny your signature?"—he never made use of such a word—there was a bill purporting to be drawn by James M'Lean, and accepted by me; I denied the signature to that—I afterwards paid it—I was applied to pay a bill—I denied it when the notary called, because it was understood by the drawer that I was not to be called upon—it was an accommodation bill—this is the bill (looking at it)—I did not deny that it was my signature—I said it would not to be paid—I said I was not to be called upon to pay it.
Q. Have you drawn checks upon your bankers over and over again, knowing that they would not be met? A. I have drawn checks, on an understanding with the prisoner that he was to pay the money in on my account before they were presented.
NOT GUILTY .
MR. METCALFE conducted the Prosecution.
MOSES WISEMAN (through an interpreter). I am a dealer in jewellery, and live at 3, King's Head—square, Shoreditcb. I occupy the kitchen—there is a common kitchen opposite to mine—my room is on the right—hand side, opposite the place for the water—it is a lodging—house—on Sunday, 8th Jane, I went out about 10 o'clock—I locked my door, and tried whether it was fast—I came back between 4 and 5—I opened the door with a key, and went in the room—my bed was disturbed—I went to my cupboard, and my goods were gone—I missed sixteen dozen pairs of ear-rings, fourteen dozen studs, about fifty dozen of pins (they were brass-gilt), fourteen cornelian and amber necklaces, and some coral—the value of the whole was 19l. or 20l.—I had seen them safe about two minutes before I left the house—I saw my bag in the cupboard all right—I had seen the contents of the bag on Saturday night,
and the bag was in the same state on Sunday morning—Mrs. Jones said something to me when I came home, and I went to the prisoner—I had known him—he was with me on a Sunday before, and he had been with me before that and showed me a watch, and begged me to tell him the value—when Mrs. Jones saw him she said, "That is the man"—I cannot recollect whether the prisoner said anything to that—he went down to my room.
Cross-examined by MR. PARRY. Q. Where did you get these articles? A. I bought them in Paris eleven years ago—I had sold some—it is not true that I told the policeman that the prisoner had stolen goods to the value of 8s.—I am not in the habit of begging—I have not been turned away from the Blackwall station for begging—I never was at the Blackwall station, nor I near there—I do not know the railway-station in Fenchurch-street—I know the Exchange—I am not in the habit of standing there—I do not ask people for money and receive charity—the first charity is in the synagogue—I know the Jew's school—nothing occurred about a book there—I was not turned oat of the synagogue for stealing a book—I was not prohibited from attending on account of this book (looking at one.)
Q. Do you know this gentleman, Mr. Jacobs? A. I know him at a vagabond—he assaulted me before—I was not charged With stealing this book, and found with it on me—I am aware that if I state what is false on my oath I shall be punished—I have not been in the habit of begging in the street.
MR. METCALFE. Q. You never do beg? A. I do not know what you call beg—I did not apply to the synagogue—I take money when it is put in my hand, if I know for why—this jewellery would make a bundle about a foot square.
JANE JONES . I live at S, King's Head—square. I and my husband live in the front—parlour over the kitchen—Mr. and Mrs. Crossley live on the tame floor—on Sunday, 8th June, I and my husband and son were sitting at the parlour—window between 1 and 2 o'clock—I saw the prisoner pass the window, and heard his footsteps go down-stairs—at that time Wiseman was out, I believe—I thought he was in, but he did not return till 4 or 5 in the afternoon—I heard the prisoner go down, and he remained three or four minutes—I then saw him pass the parlour-door again, and pass the window—in about half an hour, or it might be more, I went down to get a pitcher of water—I did not see anybody in the kitchen—the kitchen-door was shut—I went in the part where the water is; there was no one there—I came up and met the prisoner in the passage, on the mat, just as I was going in my own room—he was coming into the house—he passed me and went down the stairs—I looked after him, he had nothing with him—he remained ten or twelve minutes—I saw him when he came up—I was sitting at the window—he had a bundle tied in a handkerchief under his right arm, about the size of a half-quartern loaf—Wiseman returned between 4 and 5—he went down-stairs, and came up again and said he had been robbed—I told him what had occurred, he fetched the prisoner, and said, "Is this the young man that has ken here to-day?" I said, "Yes, he has been here twice to-day, but he has changed his coat, he had a blue coat on, and now he has got a brown one"—I had seen the prisoner three or four times before.
Cross-examined. Q. Are you the landlady? A. No, a lodger—I have not a key of the kitchen—I never was inside it—I did not at first come out in the passage and say, I was not positive the prisoner was the man—I said he was the man.
go down—I could hear his footsteps go down the first two stairs, going towards the kitchen—he stopped there five or six minutes, and returned and passed my room again—I saw him again between 2 and 3 o'clock—he entered and passed my door, and went in the same direction—I cannot tell how long he remained, for I went to lie down—my wife went to get a pitcher of water and while she was gone he came and went down—I had seen him before—he called in two or three instances—I can speak positively to him—no one else went down into the kitchen to my knowledge—when Wiseman came home he went and fetched the prisoner—I said, "That is the man, but I should know him better if he had his blue frock—coat on"—I could swear to him as it was, but it made me notice that he had changed his dress—it was a blue frock-coat he wore when he first came—I have never been in Wiseman's kitchen.
PATRICK HOLAN (police-sergeant, H 13.) On 8th June Wiseman gave the prisoner in charge—he told me the value of the goods he had lost was 8s.—he said nothing about goods of the value of 20l.—the prisoner was not detained—Wiseman declined to charge him at the station.
MR. PARRY called
MINUS ROSENBURG . I am a barber, and live at 4, Goulstone—street, Houndsditch. The prisoner has been in my service nine months—at the time he was taken I was living at 35, Middlesex—street—I remember Sunday, 8th June, when Wiseman came for the prisoner—he was at home the whole of that day up to the time Wiseman came and said he wanted to speak to him—that was about 5 o'clock—I attended customers that day—on Fridays and Sundays the prisoner must not leave the house—I am able to say he did not leave the house—there was a lodger stopping in my house, who was a foreigner; he brought Wiseman there, and he had an opportunity of seeing the prisoner there—that was several weeks before 8th June.
Cross-examined by MR. METCALPE. Were you all that day in the shop? A. Yes; doing business, and the prisoner was doing business for me, shaving and hair—dressing—the customers were more pleased with him than they were with me—they kept us at work all day—I was in the shop and parlour all day—the door is always kept open between the shop and parlour—I never lost sight of the prisoner—he took dinner in the parlour—he wore the same coat that day that he has on now—he has another coat, a blue frock—coat—my wife was there that day, and some other persons whose name I do not know—they are customers, and they come in and read the paper for three or four hours—there were two customers, myself, and my wife there—I do not know what time the customers came—I do nothing but shave and cut hair—I never dealt in jewellery in my life—I never saw the prisoner in possession of any jewellery—I would rather give him money to buy shoes, because he is only a greener in England—I left Middlesex—street, because the house was too dear for me—I was to pay 34l. a year—I had been there two quarters and a half, and I had paid 15l. for fixtures, and 7l., and the landlord said if I would leave them, that would do—I came there from New-street, Gravel-lane; and before that I lived in Goulstone-street, Whitechapel—I had before come from Newcastle—I was a glazier there—I have tried to do the best that I could—when I was at Goulstone-street, I was a barber, and I have kept a barber ever since—I left Newcastle because my wife was here.
MR. PARRY. Q. You have carried on the business of a barber since? Yes; I had paid 15l. for the fixtures, and 7l., and my landlord was satisfied; and he said if he could get more than 22l. for the fixtures, he would give me the rest—there were customers in and out my house during the whole of that
Sunday; and two customers were there for some hours—I take in The News of the World on Sundays, and the customers come to learn the news—I state positively, on my oath, that the prisoner was in my shop and parlour, and attending to my customers the whole day—he does not understand English—he is a Pole—he is not related to me or my wife.
HANNAH ROSENBURG . I am the wife of the last witness. The prisoner was in his employ—I remember Sunday, 8th June—I never go out on Sundays; I was at home that day—the prisoner was at home the whole of that day, till he was taken—he was attending to customers—he shaves very good.
Cross-examined by MR. METCALFB. Q. Where were you during that day? A. I sat in the parlour—the door is open always—I was in the parlour by 7 o'clock in the morning—I was in the shop or parlour—I sleep in the parlour—I do not go up-stairs; I keep a woman, she goes up-stairs for me—I did not go up—stairs—when the policeman came with Wiseman, he said, "Where does this young man sleep?" and I showed him the room—that was on a Friday; but on that Sunday I did not—I dined in the parlour with my husband and the prisoner—I have no family—I have been married twenty years—it is the fashion in my country to get married at fourteen—I cannot say who went out of the parlour first after dinner—plenty of people came in between dinner and tea—I took no notice—I am a milliner, and make caps—I am quite sure the prisoner did not leave the house till he was fetched by the prosecutor.
THOMAS KELLY , (police-sergeant, H 2). I have known Wiseman for several years—I believe him to be a beggar about the streets—I have seen him stop people and receive money—he carries a little box, but I never saw it open—I never saw him give anything for the money—he generally stops persons of his own persuasion.
Cross-examined by MR. METCALFE. Q. Was it melt a box as they generally carry jewellery in? A. It was smaller than jewellers commonly carry.
ELISHA PRESTON . I am a policeman of the London and Black wail Railway. I know Wiseman; I have seen him repeatedly at the Black wall Terminus—I have warned him off—he carries a box, but I never saw him sell anything.
NOT GUILTY .
THIRD COURT.—Friday, July 11th, 1851.
PRESENT—Mr. Ald. FAREBROTHER; Mr. Ald. SALMONS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Second Jury.
JACOB BAUER (through an interpreter). On Sunday night, about 2 o'clock, I was in the street, near New Bond—street, and the prisoner came and spoke to me, but I did not understand her—she went with me to a public—house, where I gave her two glasses of port wine—when we came out of there, I understood her that she wished me to go home with her—I would not—she pretended to be very kind and loveable, and came round me, and she was tickling me about the waistcoat—I had some sovereigns in my right waistcoat pocket, and my watch in my left, with an India—rubber guard round my neck—I had my watch safe when I was in the public—house—I found my guard cut, missed my watch, caught hold of the prisoner's wrist, and said,
"Give me my watch; give me what you have got"—she was astonished at the moment, and said nothing, but afterwards she said she had not the watch—I was going to catch hold of her right hand as well, heard something fell, and saw my watch on the pavement—I picked it up, the policeman came, and I gave it to him—this (produced) is it—there was no one else near.
Cross-examined by MR. HORRY. Q. Did not you when you seized the prisoner by the wrist, almost at the same time, see the watch on the ground? A. Not at the moment; shortly afterwards—she was rather tipsy—I was going home when I met her—I had been at Charlton's public—house, in Longacre, which is frequented by Germans—I had been there, perhaps, two hours—I had been during the evening to see some of my friends, and to several places—I am a solicitor by profession, and reside on the Rhine—I have never said I was a merchant.
VINCBNT GUIMUAR (policeman, C 27). On 7th July, about half-past 2 o'clock in the morning, I heard some one calling out in Union-street, Bond-street—I went and found the prisoner and prosecutor—I understood the prosecutor that he meant to give her in charge—I turned ray light on, saw the watch lying on the kerbstone, and the prisoner in the road by the kerbstone with the watch near her feet—the prosecutor was on the pavement—he picked up the watch, and said it was his—she said she did not do it, she did not take it—she afterwards said to me. "If I did do it, b—old b—, I wish I had got it. "
GUILTY . Aged 19.— Confined Six Months.
MR. RYLAND conducted the Prosecution.
THOMAS BEAUMONT MARSHALL . I am cashier, to Mr. George Triuday, merchant, of Queen—street, Cheapside. We were indebted to Messrs. Davis, of Houndsditch, and on 7th June I paid the prisoner 1l. 9s. 6d.—I had seen him before, and understood he was one of Messrs. Davis's clerks—he wrote this receipt (produced), and gave it to me.
Cross-examined by MR. PARRY. Q. I see the account here is 2l. 16s. 6d.? A. Yes; we had a cross account of 1l. 7s., and I paid him the balance.
JAMES HORN . I keep a fancy repository, at Greenwich, and deal with Messrs. Davis. I owed them some money, and sent my wife to pay it—she afterwards brought me this receipt (produced)—this was a receipt for 9l. 13s. 10d.
WILLIAM WILSON . I am a clerk to Messrs. Davis', warehousemen; the prisoner was in their service. On 26th June, Mrs. Horn, of Greenwich, called and gave me two 5l.-notes in payment of a debt from her husband to Messrs. Davis—I gave the notes to the prisoner, told him what it was for, and asked him for a receipt—he gave me this receipt which I saw him write (produced by James Horn), and the change, and I gave them to Mrs. Horn, who was in the shop.
Cross-examined. Q. This is a printed receipt filled up? A. Yes; I am not aware that I made a mistake in the first instance, in stating to whom I paid this money—I had a little doubt as to whom I paid it, but it was very slight—I did at first say I paid it to Mr. Jolliffe—I was very much engaged at the time—I did not say so three times in Jolliffe's presence, and afterwards apologise to him—I said so once—the 26th June was Thursday, and the prisoner's attention was called to this on the following Monday—he said he had no recollection of the circumstance, and wont with me to Greenwich to make inquiry of Mr. Horn, and look at the receipt, and he said if he had received it
he must have paid it over in the usual way, or entered it in some book in the usual way—I did not go through the books with him—I went through my check—book by myself, but did not find an entry of 9l. 13s. 10d.—in the shop cashier's book on Friday, 27th, I find an entry of 9l. 14s. 4d.—that is in the shop cashier's writing, and is booked to No. 7, which is my number—we have not been able to find out directly to whom to apply that payment of 10l. 14s. 4d.—I have not over and over again, stated that I believe that to be this sum in question—it relates to a sale of goods over the counter, but I do not know to whom—they were fancy articles to the best of my recollection—that would not in the ordinary course be entered in the day—book—the prisoner is not cashier—it is extremely difficult to know to what to apply this 9l. 14s. 4d.—we have many parties come into the shop and purchase goods who we never see again—on 26th June, Mrs. Horn purchased goods to the amount of 15s. 6d., and 1s. 2d., and those sums appear in my book, and in this green—book (produced)—this 9l. 13s. 10d. was not a cash account, and would not appear in this book which is merely for parties buying over the counter—if a person comes and purchases goods, which are sent home by the carrier, the money pusses through other books—I swear this 9l. 14s. 4d. has no relation to the 9l. 13s. 10d.—when I took this money to the prisoner he was in the counting—house writing—he was the only clerk in at the time—it was between 1 and 2—I did say first that I paid this money to Jolliffe, but the shop was full of customers when I was asked about it—we went to Greenwich two days afterwards, and the prisoner said he had written to the parties to ask them whether they would send up the receipt, and in consequence of receiving no answer to that we went down, and the receipt was shown us—the prisoner still said he had no recollection of receiving the money—when I gave him the notes he took one away and got change for it, but I do not know where—I was in the counting-house while he went away—two other clerks would come into the counting-house at 2, but I think Mr. Joliffe would not be in till half-past 2—the prisoner would leave at 2, very likely, for his dinner—I do not know whether there was any cash—box where the prisoner could put the money, as I am not in the counting-house—I should say decidedly that the notes would not be laid on the desk, and remain there all the afternoon—I never write receipts myself; any of the clerks do—any of the clerks who receive money ought to hand it to Mr. Jolliffe.
MR. RYLANO. Q. Did you remain in the counting-house while he was gone to get the change? A. Yes; no one came in during that time—he gave me the change when he came back, and I left the 9l. 13s. 10d. with him—it was his duty to enter it in the collecting-book, and hand it to Mr. Jollifle, as soon as he came back.
JOHN DAVIS . I am one of the firm of Alfred Davis and Co.; there are three in the firm. The prisoner has been our clerk about three months—it was part of his duty sometimes to collect money out of doors, and sometimes to receive debts paid in-doors—it was his duty when he received any money. to enter it immediately in the collecting-book—that is a book not kept by him specially, but used generally by all who receive money—after it is entered he ought to pay it over to Mr. Jolliffe, the cashier, who would put his signature to the collecting-book, and that would be the prisoner's discharge for the payment of the cash—I know the prisoner's writing—(referring to the collecting—book) I find no entry here on 7th June of 1l. 9s. 6d., or any; initial of Mr. Jolliffe's; and there is no entry on 26th June of 9l. 13s. 10d.—I have examined the books carefully, in the prisoner's presence, and do not find any such amounts—all the entries from this collecting—book are posted
by the cashier into the cash—book: the prisoner had no business to do that—the entries are posted from the cash—book into the ledger by a clerk named Browning: the prisoner had no business to do that—if there is any entry of the prisoner's in the ledger it is not correct—I have searched the cash—book in the prisoner's presence, fur this 1l. 9s. 6d., and cannot find it—in the ledger, to Mr. Trinday's account I find an entry, in the prisoner's writing, "June 10th. By cash, folio 71, 1l. 9s. 6d. "—that is a fictitious entry—if 1l. 9s. 6d. was received on 7th June it ought to have been posted regularly into the collecting—book, and then into the cash—book, and then into the ledger, where it ought to appear as received on 7th June—folio 71 should refer to the cash—book—I have referred there, and there is no corresponding entry—there is no entry either in the collecting—book, cash—book, or ledger, of the 9l. 13s. 10d.
Cross-examined by MR. PARRY. Q. This 1l. 9s. 6d. was a balance against some goods you had had of Mr. Trinday? A. Yes; it would be necessary to have the signature of one of the partners to a cross account before credit would be given to it—the prisoner was not a traveller—this matter was discovered by means of this entry of 1l. 9s. 6d.—the prisoner had no authority to treat our customers—customers are sometimes at our shop four, five, six, seven, or eight hours, and it is necessary to provide them with refreshment; if they require wine or spirits they are sent down from the house, and beer is sent out for; but the prisoner had nothing to do with buying or selling—we have had the misfortune to prosecute here twice recently, before this—they were both unsuccessful—I believe we prosecuted here some years ago, but only twice recently.
THOMAS JOHN HARRY JOLLIFFE . I am cashier at Messrs. Davis's. The prisoner was clerk—it was part of his duty to receive money on account of the firm, enter it in this book, and bring it to me immediately—I should then receive the money, and sign the book, as his discharge—I should enter it into the cash—book, and there get the signature of the firm, which is my discharge, and the entries are posted by Browning, the ledger clerk, from the cash—book into the ledger—the prisoner bad no business to make entries in the cash—book or ledger—I do not find any entries of the prisoner's in the collecting—book, on 7th June, of 1l. 9s. 6d.; or on 26th, of 9l. 13s. 10d.—I do not find either of those sums posted by me into the cash—book; but in the ledger I find an entry of 1l. 9s. 6d.—I believe that to be in the prisoner's writing, but I cannot swear to it—supposing these two sums had been brought to me by the prisoner, entered in the collecting—book, my initials would be there, and they would be posted into the cash—book in my writing, and into the ledger in the ledger—clerk's writing.
Cross-examined. Q. Did not Wilson first state that he had paid you this sum? A. Yes; he may have said so once or twice; I cannot be certain that he did three times—he afterwards apologized to me—the prisoner has always stated that he did not recollect this 9l. 13s. 10d.—on 1st July we had a balance of 11l. odd, which we could not at first make out—that was the first balancing after 26th June—that was wrong, and we afterwards found it was 1l. 2s.—Wilson sometimes pays money to the warehouse cashier, who is a lad, besides paying it into the counting—house—there are four clerks in the counting—house besides me—when money is paid to them in my absence, there is no cash—box or anything into which they can put it—the money would not be put under an inkstand, or anything of that sort, but into a drawer, which is open—it may happen that money is paid three or four times a day in my absence—money collected or received in any way, ought to be
entered in the collecting—book—I believe the prisoner has assisted Mr. Browning, and posted entries in the ledger—I know nothing of the entry of 9l. 14s. 4d. on 27th June—that was at one time supposed to refer to this 9l. 13s. 10d.—I do not know whether Wilson supposed so—I generally hand over my cash three times a day: 6 or 7 o'clock in the evening is the last time—it sometimes happens that I do not hand it over after 3—it sometimes happens, from circumstances, that I do not hand it over till the following day, but that cash would not be entered to the following day—we enter according to the correct dates that we receive the money on.
Cross-examined by MR. RYLAND. Q. You say the 9l. 14s. 4d. was first thought to be the same as 9l. 13s. 10d.; was that afterwards found to be a mistake? A. I am not in a position to say; I know nothing about it; I only heard of it—since 1st July the balance has been made up correctly—there is no overplus now of 1l. 2s.
(The prisoner received an excellent character.)
NOT GUILTY .
MR. RYLAND conducted the Prosecution.
ROBERT WHTTE . I keep a wholesale fancy warehouse, at 22, Houndsditch, and have been in the habit of dealing with Messrs. Davis. I owed them 1l. 0s. 11d.—on 9th May the prisoner came and asked for payment of the bill—I paid him, and he gave me this receipt (produced).
DANIEL THOMAS HICKS . I am a hardware man, and live in Union-street, Bishopsgate. In May I was in Messrs. Davis's debt 17l.—the prisoner called, and I paid him a 5l.—note or five sovereigns on account—he gave me this receipt (produced).
ELIZABETH ARPTHORP . My husband's name is William, we keep a fancy repository, at 22, Bishopsgate—street; and deal with Messrs. Davis. We were in their debt, and on 2nd July the prisoner called, and wished to know when my husband would settle the account, or any part of it—I appointed for him to come the following morning, and I then paid him 5l. 5s. on account—he gave me this receipt, (produced)
JOHN DAVIS . I am one of the firm of Davis and Co., and have two partners. The prisoner was our clerk; part of his duty was to receive money, sometimes at the warehouse, and sometimes to go out and collect it—he ought to bring it to the counting-house, and having made an entry of it in the collecting book, to take it to Mr. Jolliffe, the cashier; hand the money to him, he would put his initials to the entry, which would discharge the prisoner from it—it would then be Jolliffe's duty to post it from the collecting-book into the cash book, and it would be Browning's duty to post it from the cash—book into the ledger—unless Browning requested it, or authorised him to do it, the prisoner had no authority to make any entry in the ledger—none of our firm have received the sum of 1l. 0s. 11d. from Mr. Whyte, or 5l. from Hicks, or 5l. 5s. from Arpthorp—I have looked through the collecting-book and cash—book, and cannot find any such entries there—in the ledger I find the sum of 1l. 0s. 11d. entered to Robert Whyte, in the prisoner's writing, that has a reference to a folio in the cash—book, but there is no such entry there—in Mr. Hicks's account in the ledger, I find three sums of 5l. each, entered; one is on 9th May, that has a reference to a folio in the cash—book, but there is no such entry at that folio of the cash-book—in Arpthorp's account in the ledger, the last payment entered is 13l. on 2nd June.
Cross-examined by MR. PARRY. Q. Was not the prisoner apprehended on the receipt of the 5l. 5s. on 3rd July, from Mrs. Arpthorp? A. Yes;
any clerk who receives money would enter it in the collecting—hook; it is indexed for that purpose—Mr. Alfred Davis, one of the partners, takes a more active part in the counting—house business than I do—he is not here—to the best of my belief the clerks do not frequently pay him money, the cash passes through the hands of the cashier, and then into Mr. Alfred Davis's hands—he does receive money from the clerks, but very rarely—I do not see any entries in the collecting-book made by the shopmen—I may have received money myself from Mr. Hoyle, the principal clerk; if I receive any, I put it into the cash-box—Mr. Hoyle would then make the entry in the cash-book, and my signature there would be his discharge—Mr. Jolliffe is not the only person who enters in the cash-book—the cash—book is not common to all the clerks—(looking through it)—I only see the entries of Mr. Jolliffe as far as the payment of money is concerned, with the exception of my own and my brother's—my brother makes entries in it when he receives money—the collecting—book is not made up in any way, it is a kind of rough—book, not posted into any other book—we call a book rough from which no posting is made, and which is not balanced—we call it posting when there is a reference by a letter or number to another book, when there is none we call it copying—I have referred to the book, and do not find any instances of the clerks having handed money to Mr. Alfred Davis, and he having entered them; I can only tell whether that has been the case or not by referring—I find no entry of Mr. Alfred Davis's here—if a clerk was to hand him money, I suppose he would enter it, but I do not find one such entry here—I do not know that the clerks hand money to each other, and that through their medium it handed over to Mr. Davis or Mr. Jolliffe—it is impossible for me to say that nothing of the kind has occurred—I do not swear that the entries in the ledger in Whyte's and Hicks's account, are the prisoner's; I believe they are.
MR. RYLAND Q. Have you seen him write? A. I cannot speak positively to it—I doubt about it.
THOMAS JOHN HARRY JOLLIFFE . I am cashier and clerk at Messrs. Davis's. I have been through the books with reference to these three sums—I find no entry of 1l. 0s. 11d. received from Mr. Whyte—if the prisoner had brought it me, there would be an entry—I find no entry of 5l. from Mr. Hicks, or of 5l. 5s. from Mr. Arpthorp—I have seen the entries in the ledger of 1l. 0s. 11d. to Mr. Whyte, and 5l. to Mr. Hicks—I believe them to be in the prisoner's writing, but I cannot swear to them—they are not my writing.
Cross-examined. Q. How many persons are in the habit of making entries in the cash—book? A. Three; Mr. Jolliffe, Mr. John Davis, and Mr. Alfred Davis—I am not aware that Osborne was in the habit of accounting to both Mr. Alfred and Mr. John Davis at times—I was in the habit sometimes of calling over my cash—book, and Osborne making the entries in the ledger—I have never had money in my possession three or four days without knowing to whose account to apply it—I believe the prisoner was taken on 3rd July, last Thursday—I have had a variance with him about a couple of bills of exchange, which he had accepted for me—I would rather not mention the amount of them—I did not want him to become security to a loan—office for me—I did send him to a loan—office for the forms, that was for the purpose of insuring my life—the bills he accepted for me were never put in circulation; he tried to pet them discounted for me, and failed—this charge was not gone into before the Magistrate—I have been in Messrs. Davis's service five years—I make entries in the ledger myself at times, but it is not my duty to do so—I merely do it to keep things straightforward when we have had new clerks—during the absence of our chief clerk, I posted the books, but I have
now ceased to do so—there are now two ledger—clerks—I have had other quarrels with the prisoner on money matters—I cannot tax my memory whether I have ever requested him to make entries in the ledger—this initial, "A. D." on 13th May, is that of Mr. Alfred Davis—the whole of the entries that day are mine, and I accounted to Mr. Alfred Davis for the money, which was 63l.—on that day we were short 5d.—I cannot tell from this book whether there was any overplus on 9th May—we occasionally find cash short and over—I never recollect having on any occasion as much as 80l. over, which I could not account for—I can only tell by going through the books—I should not think we ever had 20l. over—I do not recollect finding 80l. which I could not account for, and afterwards discovering myself that it had been paid by a country customer—there may have been 5l. on hand for half—an—hour which we could not account for till the books were looked through—we have never carried balances to the trade expenses account, which we could not account for—nothing of the kind has ever happened; we have always been able to find it out—if there was any balance we could not account for, it remained open—Mr. Alfred Davis has 3l. or 4l. which has been standing ten or eleven months, which cannot be accounted for.
HENRY BROWNING . I am ledger clerk to Messrs. Davis. It is my duty to keep the ledger entirely—I post into it sums received from the cash—book—I find no entry here to Whyte on 9th May—on 10th there is an entry of 1l. 0s. 11d., which is not in my writing; I believe it to be the prisoner's—I did not authorize him to make it, and did not know it was made till I saw it—I find an entry of 5l. to Mr. Hicks's account on 9th May—I did not make it; I believe it is in the prisoner's writing—I did not authorize him to make it.
Cross-examined. Q. Have you never authorized him to make entries in the ledger? A. Not unless he was calling the cash—book over to me at the end of the month, to correspond it with the ledger, and then if anything was left out he would enter it—it was only on those occasions that I authorized him to make entries—if there was any entry left out, and he was to ask me to fill it in, I should do so; but there must be a counter entry in the cash-book.
MR. RYLANO. Q. Do those two entries in the ledger purport to be posted from the cash—book? A. Yes; I have never authorized the prisoner to do that, and there are no such entries at the folio referred to.
(The prisoner received an excellent character.)
GUILTY. Aged 31.—Strongly recommended to mercy by the Jury. — Confined Four Months.
MR. PLATT conducted the Prosecution.
WILLIAM YOUNG . I am a labourer, and live at Whitton. On 30th June, I came home about half-past 11 o'clock at night, and while I was unlocking my door, Mrs. Jewett, who lives next door to me, was in her house using foul language towards me; she called me a b—, and a rogue—I asked her what she meant, and her husband, the male prisoner, then came out, and struck me across the legs with this well-hook (produced), which was hanging against the house—he struck me as hard as he could, a great many times, holding it in both hands, and he bruised me very much—Mrs. Hunt then came out of her house, which is next door, and struck me about the back and side, and back part of my head with a poker—Jewett then got me down, and sat across me, and beat me in the face with his fists, and Mrs. Jewett hit me
with the well-hook while I was down—I managed to get up, and was making my way in doors again, and Mr. Jewett cut me across the legs again, and I found some sharp instrument cut into my arm—no one was near enough at that time to have used it but Mrs. Jewett—I could not see any knife—I heard a woman's voice say, "I will cut your b—heart out"—I cannot say whose voice it was—I at last got away, and a policeman came—the cut bled very much—the doctor attended me, and is still doing so—he is not here—the cut is very painful at times, it is 31/4 inches deep, and I can almost lay my finger in it now.
Cross-examined by MR. O'BRIEN. Q. Was this at half—past 11 o'clock at night? A. Yes; I had had a few words before on that evening with Mrs. Jewett and Young, when Mr. Jewett was not present—I had not quarrelled with any one else—I had been drinking at the Lion and Lamb at Hounslow that night—I had been in a public—house before that, and I afterwards west to a Tom and Jerry shop, kept by Fielder—I had some beer there—Mrs. Jewett and Hunt had not to be taken into the house there to be kept away from me—I swear Mrs. Fielder did not take them into the bar from me; they were locked away, so that their husbands might not see them—Mr. Jewett was not there—when I came home, Jewett did not ask me why I bad been abusing his wife, and striking her—he did not charge me with it—I taw Charlotte Elcock at the beer-shop, she was tipsy—I do not know where she lives; she ought to live with her husband in Scotland—I swear she did not prevent me striking one of these women in the beer-shop—I did not attempt to strike them—I never had any quarrel with any one before this, that I am aware of—I have never been before a Magistrate—I have lived at Whitton all my life—Mrs. Jewett had come home before me—my wife was present when this occurred; she is not here to-day; it was no use her coming, because I thought they would not take her evidence; she was not before the Magistrate—I got this mark on my nose on the previous Sunday.
MR. PLATT. Q. After you got home, just before all this happened, had you said or done anything to any of them to call upon them to do this? A. No; I had had a quarrel with the two women an hour before, at the beer-shop—a man of the name of Brown was then with me.
JAMES BRUCE (policeman, V 147). On 30th June, at 12 o'clock at night, I received information, went to Young's house, and found him sitting in a chair, with a large gash in his arm, which was bleeding—it appeared fresh done—I took the prisoners into custody; and in Mrs. Jewett's pocket found this knife (produced), and this knife (produced) was found on the tea—tray at Jewett's house.
Cross-examined. Q. Did you find Mrs. Hunt in her own house? A. Yes; there is no mark on either of the knives.
(The prisoners' statements before the Magistrate were here read: Mrs. Jewett stated that Young first struck her husband with the well—hook; that he had been drinking at the Lion and Lamb at Hounslow, and that he struck her also with his fist, and used most abusive and indecent language; that she never took her knife out of her pocket, and the cut on his arm must have been done at Hounslow, as he had been fighting there, and was cut about the face when he came to her house. Matthew Jewett stated, his wife came home very late, being detained very late by William Young and two other men following them, and using very abusive language; Young struck his wife; he spoke to him about it, when he struck him with his fist, before he, Jewett, struck him with the well-hook. Mrs. Hunt stated, she never used a poker, and did not strike William Young at all; she came out of her house,
hearing William Young using violent language, and that she said nothing to him, but saw him strike Mrs. Jewett with his fist on her side; but did not see Jewett, or his wife, strike him.)
MR. O'BRIEN called
CHARLOTTE ELCOCK . On the evening of 30th June, about 8 o'clock, I saw Young, with a man named Brown, at Mrs. Fielder's beer-shop, Whitton-road, Twickenham—Mrs. Jewett and Hunt were there, and ran into the bar—Young and Brown followed them into the bar directly, and were going to strike Mrs. Jewett, when I shut the bar-door, and fastened it—Mrs. Fielder came in, and wanted the men to go away from the door—they would not go, but called these women all the bad names they could—I took the women into the cellar, and let them out at the back door because I was afraid the men would ill-use them—the men remained half—an—hour, thinking the women were there; they then followed them.
Cross-examined by MR. PLATT. Q. Are you married? A. Yes, my husband is in Scotland, and I have come up for two months, to see my friends—I came up alone—I had not seen my friends for six years—I had called at this public—house to see Mrs. Fielder—I did not let the women out, because I did not wish their husbands to know they had been there—they had nothing to drink unless it was while they were in the cellar—the men had a pot of beer while the women were in the cellar—Young did not hit Mrs. Jewett; the blow came very near her—the women were perfectly sober—I did not hear them abuse Young—the men went on the same road, after the women—I was quite sober myself.
MR. O'BRIEN. Q. Is your husband in a factory in Scotland? A. Yes—my mother lives at Hounslow—I am acquainted with Mrs. Fielder—I remained there all that night—I did not notice any marks on Young's face that evening.
MATTHEW JEWETT. Aged 30.
SARAH HUNT. Aged 22.
GUILTY of a Common Assault. — Confined One Month .
LYDIA JEWETT. Aged 25.— GUILTY of a Common Assault. — Confined Three Months.
MR. BIRNIE conducted the Prosecution.
LEWIS MARKS . I am foreman to Mr. Morris Myers, of 4, Old Castle street, Whitechapel. On 27th June I led the warehouse about twenty minutes past 8 o'clock, leaving the place locked and secure—about half past two in the morning I was awoke by Mr. Myers's son. went to the warehouse, and found it had been entered by a window communicating with a piece of waste ground—I found a dozen blankets had been taken away, and there were another dozen ready to be taken—the window was secured Wore, with a strong nail—these (produced) are the dozen I missed—I never saw the prisoner before I saw him in custody—he is not in Mr. Myers's employ.
COURT. Q. How can you swear to the blankets? A. They have the Government mark on them—I cannot tell whether any one was in the ware-house after me that night—I always deliver the key at the house—the ware-house is the parish of St. Mary, Whitechapel.
JOHN HOLMES (policeman, H 202). On Saturday morning, 28th June, about two o'clock, I was on duty in Wentworth—street, and saw the prisoner come out of Old Castle-street, where this warehouse is, with this bundle on his head—he passed me, and I followed him into George—yard, there stopped him, and asked what he had got in the bundle; he said some blankets, which
he bad found in Whitechapel, near the New—road—I asked him where he was going to take them; he said he did not know—I took him into custody, took him to the station, and there found these twelve blankets produced, in the bundle.
Prisoner. Q. Did I say, when you asked me what I had got, that I did not know what it was, I picked it up in Whitechapel—road, and if I had seen a policeman I should have taken it to the station? A. You had passed by me—when I asked what you had, you said, "Blankets. "
The prisoner's statement before the Magistrate was here read: "I saw them lying in the road, and I picked them up; it was in the New—road, at the top, leading into Whitechapel; that is where they were lying, and I picked them up."
GUILTY . Aged 24.— Confined Twelve Months.
MR. COCKLE conducted the Prosecution.
GRACE LAMB . The prisoner is my husband. I have been married to him four years, and have been separated three years—at the end of June I was living in Queen—street, Poplar—the prisoner came to my room, where I was with my sister and a little girl—after some conversation, I desired him several times to leave, and he would not; and I took the poker, and hit him with it twice on the crown of the hat—I struck him a third time, and his hat fell off, and I put it outside the window—I caught hold of him to get him out, and he caught hold of me, and laid roe on the end of my bed—I saw him put his hand into his pocket, and saw him change countenance—I managed to get up, and was going out of the room—I turned, and saw a knife in his hand—I called out to my sister, and she caught hold of him behind by both the shoulders, and held him—I just came before him to see what sort of a knife it was; he used some beastly language to me, made a dart to me, and hit me—I put my apron up to the wound, and ran downstairs, and the blood came about the place as I went along—I have been under the doctor since.
Prisoner. Q. Who was with you when I came in? A. My sister, the little girl, and John Tobin, who I live with, in consequence of your ill—treatment to me—I do not deny that I said I had something to show for living with this man, which I never had by you—I did put my hand on the bed, and say that was the bed I laid on with that man, and I would keep bin as long as I lived—he was sitting by me, in conversation with me, when yon came in—you desired him to go out, and he went quietly—I did not catch him by the trowsers, and pull him back.
NANCY EVANS . I am the last witness's sister. I was in this room with a little girl when the prisoner came—the man Grace Lamb now lives with, was there also—the prisoner told him to go, and he went—after some conversation, Lamb told the prisoner to go away quietly; he would not go and she took the poker, and struck him twice; and the third time she struck him, his hat flew off; she put it out at the window, and told him to follow it, she did not want him, she could live by herself—after that she called out to me that he had a knife, and I went and took hold of his arms; my sister stooped to take the knife out of his hand; he made two darts at her with the knife, and at the second dart he cut her under the right—ear—a great deal of blood flowed.
RONALD ROBERTSON . I am a surgeon, at Montague—place, Poplar. I went to see the prosecutrix, and found her bleeding profusely from a wound immediately below the right-ear, extending along the margin of the jaw,
two inches and a half in length, and penetrating to the bone—from the end of that wound, there was another down the neck, between the skin and muscles of the neck, four inches in depth—they were very dangerous—she was ten days under my care, and had a most miraculous escape—they must have been done by a table—knife or some instrument of that kind—a razor could not have caused them.
(The prisoner, in a written defence, stated that his wife, who had been in London two years, sent for him from Ireland; he came, and found her living with another man, who died, and she then went to live with Tobin; on this day she used the expressions to him before mentioned, and in the struggle he saw her take a knife from the shelf and she made a stab at him; that he got it from her, and gave her a cut with it more than he expected.)
CHARLOTTE MASSEY . I am a widow, and am the landlady of this house. On this day I heard a row in the house, and saw Tobin go out at the street—door—I went to the room, and found the prosecutrix with a poker, hitting the prisoner—I took the poker out of her hand, and she took up an old knife from the sideboard; I took it from her, and was in the room twenty minutes, and I left on account of the bad language used by the prosecutrix; after that the hat was thrown out of the window—I ran down, and saw the prosecutrix, who said, "I am done for;" and I saw the prisoner struggling with the prosecutrix's sister—he then ran out.
Cross-examined by MR. COCKLB. Q. Did you see anything in the prisoner's band? A. No—I am certain he had nothing when I went up—stairs.
NOT GUILTY .
OLD COURT.—Saturday, July 12th, 1851.
PRESENT—Mr. RECORDER; Mr. Ald SIDNEY; and Mr. Ald. MOON.
Before Mr. Recorder and the Fourth Jury.
MR. GIFFORD conducted the Prosecution.
CHARLES WOOD . I am a printer, and live at 19, Goulden—terrace, Islington—it is my dwelling—house—it is in the parish of St. Mary, Islington—the prisoner has been in my service about six weeks. On Sunday, 29th June, I left my house about 6 o'clock, with my wife and my two children—I believe my lodger, Mr. Adams, was in the house at the time, as I heard the piano—I returned about half—past 10 and found there had been a fire—there was about 100l. worth of damage done, including the house—before I went out I had gone into the two attics, which were two of the rooms in which the fire occurred—I found there had been three different fires—it was all over when I got home, but I saw the remains of it—I went into the attics for the purpose of lifting up the windows to allow a current of air to pass through—I left them open about two or three inches, and also left the doors open—there is a grate in the front-attic, and I think one in the back, but it has never been used—there was no fire whatever in either of those rooms—the front-attic was used as a composing-room—there were a great many books there, and a bed in which my son slept—there was nothing combustible in the back—attic, there was nothing but an iron press, an iron table, and a wooden table, and the chair which I put against the door—there was an old cotton dress thrown over the press to keep it from the dust—when I returned I found that that dress had been
entirely consumed, and the remains of it were hanging on the press—it was my usual custom to go out on a Sunday evening—there had been a slight disagreement between me and the prisoner that morning about her introducing her brother into the house during our absence at service on the Sunday morning—we returned from service about a quarter to 1—I spoke to her about it, and desired Mrs. Wood to send the brother away—she seemed very angry indeed—I spoke to her rather quietly, yet sufficiently severe—to the best of my recollection the words were these, "Ellen (we called her Ellen) if you had wished to introduce anybody into the house you should hare asked permission of your mistress and myself, and not have introduced them during our absence; I cannot tolerate this; this is the second time, and therefore I must request Mrs. Wood to send your brother away"—she looked very angry, but did not say a word.
Cross-examined by MR. TREVETHAN SPICER. Q. How long have you lived there? A. Two years and a half, I believe—as near as I can guess the damage done may amount to about 100l.—there was a quantity of furniture consumed—the books in the front—attic were burnt, principally bound books, Spanish and others—many of them I had brought from Spain, and many were presents—the beds were burned, a Brussells carpet in the back—room first—floor, and several other things, the particulars of which I gave to the Fire-office—I am insured in the West of England—I think I have been insured evening I came from Spain, which is now about ten years—I did not send in a claim for 100l.—I sent in a claim for my own furniture—I had nothing to do with the house, but I have reckoned that in the 100l.—I claimed 80l. from the Insurance—office, and they have offered me 65l., and given me the whole of the things—I have only one lodger, and I believe I left him at home when I went out at 6 o'clock—I only know it from hearing the piano a few minutes before I left—we had a character with the prisoner—I believe it to have been a false one, because we have inquired, and the people have gone away, and we do not know where—if I were to give you my reasons I do not believe they would be considered evidence, but I have sufficient ground to believe it was a false character—I only know what I have been informed.
HENRY ADAMS . I lodge in Mr. Wood's house. On Sunday, 29th June, I left at exactly half—past 6 o'clock, and returned about half-past 9—I then ascertained that a fire had taken place; it was over when I got home—I occupy the whole of the first—floor, it is a sitting—room and bed—room—there had been a fire in the bed—room—there is a second—floor above my rooms, and then the attics—I had left some clothes near my bed when I went out, and I found them burnt on my return—I had been in that room about two minutes before I left the house—there was no fire in it then.
Cross-examined. Q. What kind of clothes was it you left, dirty linen thrown up in a heap? A. Yes; at the foot of the bed, they were totally destroyed, it was merely a heap of ashes, and four rows of buttons belonging to a waistcoat—it was covered with water—I saw no matches, or any combustible matter among the ashes.
ERNEST HYNUM LLOYD . I live in Hermes—street, Pentonville. On Sunday evening, 29th June, about ten minutes past 7 o'clock, I was standing at 29, Brunswick-parade, in Barnsbury-road, Islington, which is nearly opposite Mr. Wood's house, and saw smoke coming out of the chimney-breast, between the bricks—I knew it could not be a chimney on fire, so I went over and knocked at the door—nobody seemed to come, so I jumped in at the window—I was not long knocking at the door, I knocked loudly—I went up—stairs to the front-attic—I found the door shut, I opened it and saw that
the room was full of smoke—I went down—stain to the first—floor and shouted on the stairs, "Bring me up some water; I will soon put it out"—I said that in a very loud voice—I went into the back-room, first—floor, which is a bed-room, in order to procure the water—jug and the chamber, if there had been one—I do not remember whether there was any water in that jog or not—there was no fire in that room then, nor any signs of fire—I went up-stairs again to the second-floor, that water-jug was full of water—I took it with me, likewise the chamber, which was half-full of slops—I went up-stairs again to the front-attic, opened the door, went in, and on the left-hand saw a large flame, it appeared to be the bed on fire, it was behind the door—I could not see it until I got into the room—I emptied the jug and chamber over that, and put that out first—there was smoke in the other corner of the room, not flame—I did not observe whether there was any communication between that smoke and the flame—I did not wait to look around me—I went down-stairs again, and then for the first time saw the prisoner in the passage on the ground-floor—I said to her, "Mary, Mary, get me some buckets of water, we shall soon be able to get it out"—her answer was, "My orders are to stop here"—I asked her if anybody was at home, and she said there was no one—I then went and got the water myself, and took a bucket up-stairs with me—there were two other gentlemen, I think, there then, and I believe they went to get buckets, they helped to bring water up—stairs; there were two, if not three—I took the bucket of water up—stairs with me, and when I got up, the comer which I had left smoking was in a complete blaze—there was a pile of paper and manuscripts about three or four feet high and three feet broad—they were papers of an unusally large size—I threw the bucket of water in the corner, but of course the small supply of water bad not the power to extinguish the vast body of flame that was in the corner, it was in a Very terrible state—I shut the window and came out of the room again, and went down three or four of the stairs—by that time we had a good supply of water come up in two or three buckets, and when I had emptied those I observed police—constable 229 in the passage—there were immense packages piled up on some shelves—I did not know what they contained—they looked like papers and books, and they were on some wooden shelves—I sent them all down-stairs by the policeman—they were not piled up for the purpose of being set fire to, but if they had caught fire it would have been a very serious thing—I did not go into the first—floor back—room for an hour afterwards—the firemen did not arrive until we had put the top fire out—we succeeded in putting out the top fire, and as I was coming down—stairs one of the men said to me, "I want a bucket of water, this front—room is on fire"—I went in and found the bed and mattress on fire and the firemen in the room.
Cross-examined. Q. I believe you were in a house nearly opposite? A. Yes; I was standing at the door when I saw the smoke—I jumped in at the front—parlour window, over the area railings, which lay flat—I did not meet anybody when I went up—stairs—when I got there was one fire, and the left corner was in smoke—I then went down, and asked for water—I did not meet anybody coming down—I did not stop to observe whether there was any communication between the two fires—when I came down the second time I saw the prisoner standing in the passage—I did not know her before—I addressed her by the name of Mary, because it came first to my mouth—when I spoke to her she seemed frightened—there might have been somebody in the kitchen, but I did not go down—several persons brought up water; the prisoner was not one of them—I did not see whether she did anything to assist in putting out the fire—I was up—stairs, and she was down.
THOMAS SHERLOCK . I am a brush—maker, of 17, Brunswick—parade, Islington. On Sunday, 29th June, I saw smoke issuing from Mr. Wood's attic window, about half-past seven o'clock—I immediately went over—the door was open—the prisoner was near the parlour-door, near the kitchen—stairs—I assisted in putting out the fire—I did not see the prisoner assist—she was at the top of the kitchen—stairs the principal part of the time, near the parlour—door—I said to her, "The parlour-door is unfastened, and you had better wait there, to prevent any one coming in"—there was no person there, and the street-door was open, and the parlour-door shut, but unlocked—she appeared perfectly collected.
Cross-examined. Q. Was the outer—door wide open, or simply ajar? A. Wide open, and the prisoner was standing in the passage—I carried water up to the second-floor—I did not go into the room—the prisoner did not assist me—I had told her to stop where she was and watch the door—my object in telling her to stay there was to watch the property.
WILLIAM BADDELY . I am a civil—engineer, of 29, Alfred—street, Islington, On Sunday evening, 29th June, in consequence of something which was told me, I went to Mr. Wood's, and arrived there at eight o'clock—I knocked at the door—it was opened by the prisoner—I went up—stairs, opened the first-floor front—room door, and looked in—it is a sitting—room—I did not go into the back—room, but the folding—doors were open—there was no fire or smoke there—I went into the front—attic, where the principal fire had been—it was then extinguished.
Cross-examined. Q. Were you called to the house? A. Yes, by a lad named Calvert, in consequence of my being inspector of fire—escapes—I saw evidences of two fires in the front-attic, of one in the back—attic, and of one on the first-floor; four separate and distinct fires—there had evidently been a sheet or dress thrown over an iron press, and the floor was charred by its falling down—I was called twice to a fire in the back—room first—floor—the second time was about a quarter of an hour after I first got there—I saw no paper or matches among the charred materials—I am not accustomed to that kind of inquiry; it is the duty of the firemen.
COURT. Q. When you came down to the first—floor did you go into the back—room? A. Yes, but the smoke was so bad I could not stop; I stooped down on my hands and knees, and saw the bed was burning in the back—room—I am quite sure there was nothing of that sort when I first went into the room—there was no fire in that room when I entered the house.
JOHN SCOTT . I am No. 11 of the Fire Brigade. I was called to this fire about half—past 7 or a quarter to eight o'clock—I had to come from our station in Farringdon-street—the prisoner let me in—the door was shut—I, went up—stairs, and saw where the fire had been—it was then out—the things were all muddled where the fire had been in the front—attic—there were a quantity of burnt books and papers near the window, and some were in the middle of the room—the window is opposite the door—the bed, which was behind the door, was partially burnt—I cut away the embers, and the lath and plaster—before I went into the first—floor rooms, I asked the prisoner if she could give any account of the fire—she said, "No, I cannot, for I have not been into any of "the rooms"—while I was talking to her there was a violent knock at the door—I opened it, and a man informed me, in her presence, that there was smoke coming out of the first—floor window—I went to the first—floor—the room was full of smoke—I could not enter upright; I went on my hands and knees, and saw the bed and bedstead on fire, and some clothes under the end of the bedstead, and part of the partition that
forms one side of the room was in a blaze—I called the men down from up-stairs, and we put it out—the linen was burnt to a tinder—I found nothing to account for the fire—I asked the prisoner again whether she could account for it—she said, no, she was never nigh the room.
Cross-examined. Q. There was no apparent cause for the fine; no matches, or anything in that way? A. No; but they might have been concealed.
COURT. Q. Was any part of the floor, or wainscoting burnt? A. Yes; the skirting—we cut away the lath-and-plaster—it was very hot indeed—I did not observe whether the floor was burnt where the bed was—the bottom part of the skirting of the partition in the front—floor room was wood—I cannot say what the other part was—I did not examine to find the seat of the fire, my business was merely to put it out—I left men there—part of the partition was burnt—it is a fixed partition.
WALTER HILL JONES (policeman, N 229). On 29th June, I went to the prosecutor's house, and saw a fire burning in the front attic—it was then about twenty minutes or half—past 7 o'clock—I went down—stairs, and asked the prisoner if she knew how it originated—she said, "No; she was out in the garden reading a book"—I asked her if she knew where her master and mistress were gone—she said, "No"—I asked her again, and she said, "They were either gone to a place of worship, or to St, John's Wood"—she seemed very uneasy, and seemed to want to get into the garden by the front—door, but I stopped her—there is a garden, front and back—I stood at the door, as she seemed as if she wanted to get away—I asked her what was the matter, that she would not come into the parlour and sit down—she said, "She would as leave be murdered as be in the house when her master and mistress came home, and she would not stop in the house that night"—I asked what was her motive for wanting to get away—she said, "She was not going to stop there to be bullied by her mistress"—I asked her what was the matter with her—she said, "She had had nothing to eat since her breakfast in the morning, and her mistress did not allow her any beer, neither was any beer kept in the house"—the outer door was closed—I knocked, and did not get admittance—I thought there was nobody there, and went to the next house, and got along the parapet to the house which was on fire, but the heat was so great I could not stand there many minutes—I attempted to shut the attic window, but could not—the slates were very hot.
Cross-examined. Q. Did you get into the attic from the next house? A. No; the heat was so great I could not stand, and I came down the same way, and knocked at the door again, and the prisoner let me in, and I told her to remain at the door, and not to admit anybody else—when she said she was reading in the garden, I understood her to mean the back garden—she did not say what book she was reading—I looked in all the rooms—I saw no signs of any fire in the back drawing—room, which is occupied as a bedroom, and I shut the doors—me and Lloyd removed some books, locked the doors, and took the keys—four or five of us were standing on the stairs, and we were met by a body of smoke which almost suffocated me, so that I was obliged to leave the keys in the doors and come down—we found there had been a fire in the back attic, under a press—when the firemen had got the fire out, we went to look again—something was under the press, which had burnt the boards for a foot, in a round place, and there was the tinder of linen, or calico, from which it had originated—I found no combustible materials, or any Vessel or pan—the boards in the front attic were recently burnt—the fire had Burnt itself out—the prisoner said knew her master was insured for the
lower part of the house, but not the upper—it seemed to upset her that the upper part was not insured; but after that she was quite reconciled, and did not seem to think of anything—she appeared upset and excited—I think that was before she told me she was not going to remain there to be bullied—it was before she tried to get out—I mentioned the conversation between me and the prisoner to one of the brigade—men who is not here, and he persuaded me not to let her go away till her master and mistress came home—I do not think I mentioned that before the Magistrate.
GUILTY . Aged 19.— Transported for Seven Tears .
MR. GIPFORD conducted the Prosecution.
THOMAS BEAR . I live at 61, Swinton-street, Gray's—inn—road, and am a carpenter. I was engaged as general foreman, at the new works Billingsgate-market—the prisoner was employed under me—he had been employed there before I went there, as day-watchman and time—keeper—he left several weeks since, on a plea of illness—I saw him at the works about a week afterwards, and said he had been to the yard and seen Mr. Strongfellow, the walking foreman, who desired that he should return to his work—I said, "I thought if Mr. Strongfellow knew what I had ascertained during his absence, he would not have sent him back again; that I had ascertained he had been frequently absent on Sundays, and consequently strangers had been continually about the works, and I should not give him charge of the works until I had seen Mr. Strongfellow, and he might remain until Mr. Strongfellow came if he liked"—he denied having been absent except on one occasion—Mr. Strongfellow came, and I reported to him what had happened—the prisoner was on the works, but he did not hear—I afterwards went to him, and asked him if he wished to take his box and things—he said, "Yes;" and just previous to leaving, he said, "I did not think it would end thus"—I then dismissed him—I believe something had passed between him and Mr. Strongfellow which I did not hear—on 25th June I received this letter (produced).
SINCLAIR IRELAND . I am a mason, employed in this market. I have seen the prisoner write, and believe this letter and the signature to be his writing—(read— "June 25, 1851, Sir, I do not know what I have done to you, for you and Maxwell to give me the character you have done; but you had better give your fancy man Mustaff that character, for I know Mr. Jay does not know that you encourage a thief on the works; you were the first one to take his part when he was stopped, and that is the reason you and, Maxwell got me discharged; but never mind, you forget the way you were in before you came there. I have heard your character more than you are aware of; you have made me out dishonest to Mr. Jay, therefore you must be a d—d vagabond for so saying; now for this, the first time I get a good chance I will put you out of the world, and Maxwell as well. I will be hung for you, you d—d infernal rogue; I will waylay you the first opportunity.—I remain, your most inveterate friend, W. Lacey. "
JOHN MERRY (City—policeman, 335). I took the prisoner, and showed him the letter just read, and some others—I told him he was charged with sending these threatening letters to Mr. Bear—he said he wrote those two letters—he was drunk when he did it, but the one in pencil he did not write—there
are two in ink, and one in pencil.
GUILTY . Aged 32.— confined Twelve Months , and to enter into recognisances to keep the peace.
GUILTY .— Transported for Ten Years.
NEW COURT.—Saturday, July 12th, 1851.
PRESENT—Mr. Ald. SIDNEY; Mr. Ald. MOON; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
EDWARD WARD . I am in the employ of Mr. Noah Lewis Brewster. I was in his shop last Monday—the prisoner came in, about 11 o'clock in the morning, to look at some brooms—this clock was on the shelf—while I was getting the brooms, the prisoner opened the door and went out—he came back again, and spoke again about the brooms—we could not agree about the price, and he went away again—he had nothing with him then—when he first came in he had a blue bag, which he laid on a case while I went to get the brooms—soon after he was gone I missed the clock—I went after him, and saw him standing in a gateway—he had no blue bag with him then—he came up to me, and spoke again about the brooms; he then walked away, and I after him; I saw a constable, and gave him in charge—no one came in the shop while he was there—I afterwards went to the gateway, and found this clock in this blue bag, in a cask that was half full of something—it is my master's property.
Prisoner. I had a blue bag under my arm, and I went and spoke to the porter; I came back again, and asked you when your master would be in, and there was a man came in after me. Witness. It is false; no man had been in the shop.
SAMUEL HAMBLING . I am a porter. I have seen the prisoner once or twice at the White Horse—he hired me last Monday morning to carry some goods—I went with him; he told me to wait—I saw him go into Mr. Brewster's shop—he came out again, and took a blue bag, and still told me to wait—I went afterwards and searched the premises at Mr. Rook's gateway, with Ward, and found the blue bag, with the clock in it, in a cask, covered with straw—when the prisoner went into the shop the first time he had nothing—I had the bag—he came out again, and took the bag from me and went in again—I did not see him come out the second time; there was a cart in the way—I could not see him go to the gateway.
Prisoner. Q. Did I go in the shop without the bag the first time? A. Yes.
FREDERICK BATCHBLOR (City-policeman, 441). Ward gave the prisoner into my custody at the top of Walbrook—he told me he had a strong suspicion against him of stealing a clock, for no one had been in the shop but him—the prisoner told me he had given the blue bag to his master, who was gone to cripplegate—we made inquiries, and his master had not been there—on his Way to the old Bailey in the cab, he said to his master, "If you had not
come to have owned your bag it would have been all right, for nobody saw me take it;" and he said, "It is not your bag. "
Prisoner. I gave the bag to my master at the top of Aldgate, and my master denied that I gave it him; that bag that is now here he owned as his, but he never saw the bag in his life.
HUMPHREY STEVENSON . I am a draper, and live in Charles—street, Hackney—road. I have known the prisoner about three years; he is a clock—maker and repairer—he lived with me three or four weeks—I could find no fault with him—I have been to two places where he had been; they speak very highly of him—he was in my service on this Monday—I sent him to Walbrook for some brooms and mats—he said to me in the cab, that if I had not owned the bag it would have been right, no one saw him take it.
The prisoner was also charged with having been before convicted, to which he pleaded
GUILTY.— Transported for Seven Years .
MR. COCKLE conducted the Prosecution.
JOHN THOMAS TAYLOR . My father keeps the Adam and Eve, at Peckham. On 8th July I was on board the Vesper steam—boat; it arrived at Blackwall at 5 minutes before 10 o'clock in the evening—I was in a small paddle—box cabin—I came out of it, and crossed the deck to get on shore—there were some coals lying about the centre of the deck—as I passed along I felt a slight twitch on my left side, between my arm and my body, and I missed my watch from my left-hand waistcoat pocket—I knew it was safe within two minutes—I was wearing it with this chain—I found this hanging down—I turned round and accused the prisoner of it directly—he was close to my elbow—I told him I did not like to accuse any person wrongfully, but I felt convinced he was the man that had my watch—he said he had not—I told him I was certain be had—he moved towards the cabin I had come from, and he beckoned me—I followed him, and a man and a woman came up—the man wanted to interfere to say something, and the woman put her hand up to prevent it—while this was doing a little boy came up who had my watch—the prisoner was by, but he said nothing that I am aware of—I took him off the steam-boat, and gave him in charge on the pier—he said he thought I might have dropped the watch, and he asked me if I had—I said, no, I was certain I had not—the watch could not have dropped—I had several friends with me—one of them, Mr. Tanner, was behind me; the others were before me—my chain was not broken; the swivel attached to the watch was—this ring was; on the watch—it was not broken when I last saw the watch safe—it is now broken. Cross-examined by MR. METCALFE. Q. The vessel had just arrived at Blackwall, and the passengers were all moving in the direction of the shore? A. Yes; there were a good many passengers—they were in front of me—there were not several persons round me—there was only one behind me—my arm was between Miss Wriggles worth and the prisoner—after I had accused the prisoner I kept my eyes on him, and I moved off in the direction of the cabin, after he beckoned me—some of the sacks of coals were between me and the cabin—the little boy who picked up the watch was a friend of mine.
JOHN TANNER . I live near Bath; my father is a licensed victualler. I was on board the Vesper on the night this happened—I remember Mr. Taylor leaving the cabin; I followed him—the prisoner pushed between us, just as
we were coming to the first sack of coals—he passed on—I was about a yard behind him when he was accused.
JOHN WILLIAM WRIGGLESWORTH . I live at 19, Bush—lane. I was on board the Vesper steamer at Black wall that night—Mr. Taylor came out of the cabin—I picked up the watch against some sacks of coals, which were between the funnel and the engine, about the middle of the deck—after picking up the watch I ran to Mr. Taylor—the prisoner was with him and my sister—I gave the watch to Mr. Taylor.
ELLEN WRIGGLESWORTH . I was with my brother on board the Vesper, with Mr. Taylor—the prisoner pushed me when I was close by the coals; he was behind me—I turned, and saw he was the next person to me on the right—I saw him put his right arm behind him—I did not see him drop anything—I heard Mr. Taylor speak about a watch—the prisoner said, "Mind what you are about; I don't know anything of your watch; are you sure you have not dropped it?"—the prisoner asked Mr. Taylor to walk to the other part of the boat, and he would talk to him—while they were talking my brother brought the watch—he pointed out the spot where be picked it up, and that I should think was the place where the prisoner put his hand behind him.
Cross-examined. Q. Where was Mr. Taylor then? A. He was next to me—the people were then gone off—our own party was standing around—I think there were nine of us altogether—I believe one gentleman was behind, but I could not say.
ELISHA PRESTON . I am a policeman of the London and Blackwall Railway—the prisoner was given into my charge for stealing this watch—he said he was a respectable roan, and so was his father, and he was innocent of the charge, and he had a wife and five children—he began to cry, and said he hoped he would not give him in charge, for he was the wrong party—I have seen his wife, or the woman he lives with, and there are two children.
NOT GUILTY .
BENJAMIN BACON . I let out carts and horses for hire—the prisoner came to me about 8 o'clock in the morning on 26th June—he said he wanted a horse and cart for the day—he said it was to come back at half—past 8 or 9 in the evening, he should not be later—he was to pay me 10s. when he came back—my horse and cart were delivered to him, and he drove away—he did not bring them back—I asked him his name and address; he gave his name correctly, but not his address—I saw my horse and cart when the policeman brought it—I saw the prisoner next morning in Dorset—street—I asked him where the horse and cart was—he said he had left it in the country, and drawn some money on it.
THOMAS CHAMBERS . I am a publican, at Chingford. On Thursday afternoon, 26th June, the prisoner came to my place with a horse and cart—he asked me to take the horse out and put it in the stable, and give it about two quarts of water and a bit of hay, and after a while to give it a good feed of corn, and rub it down—he asked me to come and have a drop of beer and a glass of wine—he had two pints of beer, and two glasses of sherry—he said, "I have been very unfortunate, I have left my pocket—book at home, with two 5l. checks in it;—I have written to my wife to send it here, can you lend me 4l.?"—I said, "I do not think I can"—I spoke to my wife about it, and
she said, "There is very little in the house"—the prisoner then said, "perhaps you can lend me 10s. 6d.?" and we did so—he said, "You have no call to be afraid, you have my horse and chaise"—he had some bread and cheese, and ordered dinner—he went away, and did not return—he said his name was on the shaft of the cart—Mr. Bacon's name was on it.
SAMUEL GREEN (policeman, H 61). The prisoner was given into my custody by Mr. Bacon—he was charged with stealing a horse and cart—he told me where it was, and said he had drawn 10s. 6d. on it—Mr. Bacon identified it.
Prisoner's Defence. I am a native of Waltham Abbey; I hired the horse and cart to go there to see my sister, and to bring up two children; when I got there my sister had removed to Waltham—cross; I went to the public-house and got rather intoxicated; I then went to another house, and got to intoxicated I did not know what I was doing; I got to the railway and got home between 12 and 1 o'clock; next morning Mr. Bacon came before I was up; I told him where the horse and cart was, and offered to go with him and get the money to release it, but he gave me in charge; I had no intention of stealing it.
NOT GUILTY .
ELIZA HANNAH GEE . I am the wife of William Gee, we live on Sir George Ducket's canal, in the parish of St. Mary Stratford, Bow, it is my husband's dwelling—house. I do not know the prisoner—on Friday afternoon, 27th June, I left my house about 2 o'clock, to go to see my husband, who was in the hospital—my parlour window—shutters were open, bat the window was shut, and fastened inside with a catch, and an awl put in—I came back about half—past 6—I then found a square of glass broken, but the window was down—I went into my bed—room; I found the bed was disordered, and I missed three bottles of ginger—beer, and a quart basin of walnuts; and next morning I missed a pair of boots from under the bed—I had seen them all safe on the Friday morning.
WILLIAM DAVISON . I am a hawker. I know Mrs. Gee's house—on that Friday afternoon, between 4 and 5 o'clock, I saw the prisoner and some other boys in the water, they came to bathe—I saw the prisoner go and break Mrs. Gee's window with his fist—he took out the awl from the window, which kept the catch from flying back—he opened the window and got in, and was in about a quarter of an hour—there was one boy outside on the bridge—the prisoner came out of the house the same way that he got in, and put the window down—he had a pair of boots, and three bottles of gingerbeer, and something weighty—he put the boots on, and threw the bottles in the water, and went away.
Prisoner's Defence. I was in the water, and some person chucked these boots on my clothes; I sold them to Mrs. Carter for 2s.
The prisoner was further charged with having been before convicted: to which he pleaded
GUILTY.** Aged 19.— Transported for Seven Years .
MR. O'BRIBN conducted the Prosecution.
WILLIAM MURRAY . I live at 8, Acorn-court, Whitechapel. I am a porter, but have lost my employ through being in the hospital—I was at the time this occurred working for a gentleman in Paternoster—row, for 2s. a day—on 24th June, about 2 o'clock in the morning, I was in Wentworth—street, on my way home—I was sober—I saw two women standing at the corner of Angel—alley—they said to me, "My dear, where are you going?"—I said I was going home—I saw the prisoner and three others on the opposite side—they stood for a moment till the woman said to me, "Go and b—r yourself—and the prisoner immediately walked over, and said, "What are you doing with my wife?"—I had not time to open my mouth before he knocked me down on the pavement—there was another with the prisoner—the prisoner said, "Kick his b—y guts out, and then he cannot tell who hurt him"—I sung out for mercy, and for my life, and I received a dreadful kick in my chest, and the blood rushed out at my nose and eyes—there was the prisoner and another man in a sleeve waistcoat, standing over me—I begged for my life, and I found a band in my left—hand waistcoat pocket, where I had one shilling and three penny—pieces—when I recovered myself I had not a farthing of it left—I heard a person sing out, "Here comes the police!"—the prisoner then ran one road, and the others all ran in different directions—I got up as well as I could, in a gore of blood, and sung out, "Murder! stop thief! police!"—I followed the prisoner, and never lost sight of him from the moment he knocked me down—next morning the officer came to my residence, and took me before the Magistrate, and I was sent to the hospital, where I remained eight days—the kick that I received in my loins was the worst, but I received above half a dozen kicks—I was kicked all over.
Cross-examined by MR. METCALFE. Q. Were you going home? A. Yes; there were three other men with the prisoner—I could not tell their ages—I had not an opportunity of seeing them—the next morning the other parties said the prisoner was very drunk, or he would not have done it—I was so flurried I could not see whether they were drunk—I cannot tell whose hand was in my pocket—the prisoner and another were stooping over me—I had nothing more about me but the 1s. 3d.—I should think this was not going on more than ten minutes—I was kicked five or six times by two that got away, and by the prisoner—when the prisoner and another stood over me, the others were standing by the side of the women—it was a woman's voice that said, "Here comes the police. "
SAMUEL DAMARELL (policeman, H 140). On the morning of 24th June, I saw the prisoner running in George—yard, and the prosecutor close after him—I stopped the prisoner, and the prosecutor gave him in charge—he struggled very much to get away—the prosecutor was sober, and he was bleeding from the nose, mouth, and ears—I believe the prisoner had been drinking, but he was not to say drunk—he did not say anything—he had got from 100 to 150 yards from the place, where this happened—I went to the place afterwards—there was no one there—I examined the place—there appeared to be marks of a struggle.
Cross-examined. Q. Did you find anything on the prisoner? A. Yes; four halfpence and a comb.
GUILTY . † Aged 20.— Transported for Ten Years .
THIRD COURT.—Saturday, July 12th, 1851.
PRESENT—Mr. Ald. FARNCOMB; Mr. Ald. HUNTER; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Seventh Jury.
NOT GUILTY .
Before Russell Gurney, Esq., and the First Jury.
MR. PARRY conducted the Prosecution.
FRANCIS SENIOR . I am a chemist and druggist, in the Queen's—road, Dais ton. I have known Miss Johnson, the prisoner, since the early part or the middle of April—she has been in the habit of coming to my shop and having prescriptions dispensed—on 27th May, she came and asked me to cash this promissory—note (produced—read—"London, 27th May, 1851. Ten days after date, I promise to pay to Mary Johnson, or order, 6l. J. Black wood and Sons—at Messrs. Childs' and Co.)—I gave her 6l. for it, and gave the note to somebody to present—it was returned to me unpaid—it was due on 7th June—I made inquiry about it, and about 16th June had reason to believe it was a forgery—Miss Johnson soon after came to the shop; I told her I had sent it to Black wood's, and they declared it to be a forgery—she seemed quite alarmed and surprised, and not at all aware of it, and made some remark that she must have been imposed upon, or something of that sort, and that she would go immediately to Black wood's—I wished a friend of mine to go with her; and Mr. Davis, who is now here, went—I saw her again in the evening, and she professed her readiness to go next morning to ask the advice of friends, and seemed in great distress about it—she came next morning, and I went with her in a cab to the house of a baronet, in Cambridge—square—she went into the house (I waited in the cab), she stayed about twenty minutes, came out again, but said nothing; and we went to the house of another gentleman, in Mount—street—she was told he was not at home; and we went to the house of a nobleman, in Charles—street, Berkeley—square; he was not at home, and we returned to Dalston—she then proposed going to ask the advice of a Mr. M'Kenzie, an attorney, living at River terrace, Islington—I drove there with her; she went in, and when she returned, Mr. M'Kenzie came to the door with her—that was all I saw of him—we then returned, and I gave her into custody.
Cross-examined by MR. BODKIN. Q. Had not she brought you two other bills of the same kind? A. Yes; these are them (produced—one of these was for 20l., dated 30th May, payable fifteen days after date; and the other for 40l., dated 3rd June, payable thirty days after date, and both signed "Black wood and Sons ")—she came to my shop after I had told her the 6l. note was a forgery—all these bills had been presented to me before the first was due—she did not propose going to Lord Euston—she appeared to me during the whole matter to be acting like a person who believed the bills were bond fide due—she said she was entitled to them, in consequence of contributions she made to "Black wood's Magazine"—I had a letter of the prisoner's in my possession, which I gave to the policeman, and if he has not got it, it is
lost—it was addressed to Lord Euston, and commenced, "Dear Euston," and requested him, in case of her death, to pay me the money.
MR. PARRY. Q. Did you advance her money on those other bills? A. Yes, the whole of the 20l. bill, and 5l. on the 40l. bill.
CRESWELL DAVIS . I am clerk to Mr. Blundell, solicitor to Mr. Senior. I happened to be in Mr. Senior's shop when the prisoner was told these bills were forgeries, and in consequence of her saying she would go to Blackwood's, I went with her—we did not take the bills—we there learnt that Mr. Langford, the manager, was gone to dine with Messrs. Blackwood's, in Pall Mall—I did not say anything about the bills, but we went to Pall Mall, and saw two of the Messrs. Black wood's—I mentioned the circumstance that brought us there, and they said they could say nothing about it; they had placed the matter in the hands of a solicitor—they had heard of it before, as I had previously presented the bills there—the prisoner said she had received the bills from them.
Cross-examined by MR. BODKIN. Q. You presented them, and ascertained that they were stated to be forgeries? A. Yes; and that they knew nothing of the prisoner—Black wood's stated that they were not aware whether she was, or was not, a contributor to their Magazine—after I told the prisoner that Black wood's said the bills were forgeries, she proposed to go—she seemed very anxious that we should go; it was her express wish—when at Black woods,' she continued to persist that they were genuine bills, and that she was entitled to them—after having been there, she was left to go where she pleased—an appointment was made for her to come the following day to Mr. Senior's, and she came—she had the opportunity of going away if she had liked.
JOSEPH MUNT LANOFORD . I am the manager of Blackwood's London business—I never saw Miss Johnson before these bills were discovered to be forgeries—I am not able to say of my own knowledge whether she has, or has not, contributed to our Magazine—neither of these three notes are in the writing of any one of Blackwood's firm, and they are not their signatures.
MR. BODKIN, with whom was MR. BALLANTINK, called CATHERINE MARIA JOHNSON. I am the prisoner's mother, and am the widow of the rector of Out well, in Norfolk; he died in 1848, having previously gone to Leamington for his health—I have one son, and three daughters; the prisoner is the eldest daughter—about four, or five, or six years ago, I first began to notice a peculiarity in her manners—she has been very highly educated, and for the last two or three years has taken very much to literary pursuits—she has been constantly reading and writing, but principally writing, night and day—she was too restless at night to remain in the same room with me—in consequence of noticing her excitability and restless—ness, and her getting no rest at night, I called in Dr. Babbington, of Leamington, who had attended my husband—before I noticed these peculiarities, she was of an affectionate nature, but excitable; and, for the last few years, has fancied that I ill-treated her, and was always injuring her—there was no ground for imagining that—she has told me that I was not a fit person to be with her, I was not of sufficient literary attainments—once, when she was in an extreme state of excitement, she bolted me and her younger sister in my room—I have often heard her mention "Blackwood's Magazine," and she has put it down on paper that Blackwood's owed her money for writing—she
has told me that she wrote for Blackwood's, Parker's, and Frazer's, and got sufficient for her writing to render it unnecessary for me to allow her anything—she has refused money from me on that ground—she could have had money if she had wanted it—when she left me I wrote to her, offering to give her what I could afford, but she rejected it, on the ground that she made plenty by her writings—I have examined her box, and find it contains a great many manuscripts, and an immense quantity of stationery—she told me, and also her father, four years ago, that she had met Lord Euston, who had proposed to her; and since that time she has renewed the subject, but not to me—when she left me, she gave me a note, which was in these words: "I hereby certify that I shall leave your house forthwith," and she left on 22nd April last—I have not the slightest doubt that her mind is disordered.
THE RIGHT HON. LORD EUSTON. I never saw the prisoner before—never had any correspondence with her, and never contemplated marrying her—it is all a delusion.
GEORGE BABBINGTON . I have resided at Leamington three years. I have been thirty years a surgeon—I attended the prisoner's father, and was afterwards called upon by her mother to attend her—I found her labouring under great excitement, and ascertained that she was extremely restless, and her nights entirely sleepless—that is a great indication of a disordered mind, and usually found with insanity—I have examined her upon different points—I hart heard of her passing these bills, and believe that she was under the delusion that Blackwood's owed her money—I believe that delusion is genuine—I believe that she does not know right from wrong, so far as the demand for payment of them is concerned.
----BARNARD. I am a clergyman and magistrate of Lincoln. I have known the prisoner eighteen years, but not for the last three years—she was in the habit of visiting at my house, and staying there six months at a time—about five years ago I noticed that her manners and language became different, and, in consequence, the intimacy between us did not continue; and I advised her friends to have her medically examined, as I was fully convinced that she was of a disordered mind.
NOT GUILTY. being insane.
Before Mr. Common Serjeant.
JANE ALEXANDER . I am the wife of William Alexander, a cow—keeper and milkman. The prisoner was in his employ, to take out milk and receive money, which he was to bring home, and pay to me—Mrs. Watson deals with us—the prisoner did not account to me for money received from her, or pay it to me—he never paid me any from Mr. Pearce.
Cross-examined by MR. BALLANTINE. Q. Has the prisoner never paid you any money from Mrs. Watson? A. Not since 9th Dec.—I believe he can read and write a little—I can read and write very little—there is a score kept—the prisoner has been with us nearly two years—this is the book.
MARY ANN WATSON . I deal with Mr. Alexander for milk—the prisoner used to come with it—I paid him each day—if I did not pay him one day, if he had not change, I paid him the next—I do not owe him any money at all—I paid him 1d. a day, or sometimes 11/2 d.—I think the last time I paid
him was on 14th June—he came every day—there was a bill handed to me of 1l. 16s. 101/2 d. for milk which it was thought was due; I disputed it, for I did not owe it.
NOT GUILTY .
NOT GUILTY .
EDWARD PERKINS . I am a farmer, at Wanstead. On 15th June I missed three ducks off my premises—I believe I had seen them safe the day before—I did not see them again till last Thursday, when the policeman showed them to me—these (produced) are them—I swear to them by certain marks—this mark on the leg of this one was here before I lost them—every Muscovy duck is not marked in the same way—I have the fellow one to this, with the same mark on it.
JAMES HARVEY (policeman, K 53). I received these ducks on 3rd July, from Mrs. Rawlings, at Leyton—I afterwards apprehended William Howsden, told him he was charged with stealing these docks from Mr. Perkins—he said his father reared them.
Mary Howsden. Q. Did you say they were stolen when you came to my house? A. I told your son it was for stealing two ducks of Mr. Perkins.
SARAH RAWLINGS . I am a widow, and live at Leyton. I employed William Howsden to turn my mangle, and he asked me if I wanted to buy five ducks; that he had the old ones, and three young ones—I bought two of him for 1s. 8d.—they were then quite young, and had no feathers on them—I think that was on 26th June—the next day the female prisoner came, and asked me if I would purchase the other young one, and said it fretted after the other two, and would not eat—I gave her 10d. for it, and afterwards gave them all three to the constable.
MICHAEL HEBIR (policeman, N 354). I apprehended Mary Howsden on 3rd July, told her the charge, and she said she sold a duck to Mrs. Rawlings, but thought she sold her own property, as it was her husband's, who had bought up these three some short time before. Mary Howsden's Defence. I have had them two months. William Howsden's Defence. My father brought them home when they were young; they ran about the field; some one said they would shoot them, and he said I was to sell them.
MARY HOWSDEN. Aged 43.
WILLIAM HOWSDEN Aged 18.
GUILTY on 2nd Count. — Confined Two Months.
1528. HENRY WILLIAM INGLIS and JOSEPH GRAHAM , Jun., stealing 1 pair of shoes, 2 spoons, 8 knives, and other articles, value 5l. 16s.; the goods of Joseph Graham the elder; in his dwelling—house.—2nd COUNT, against Inglis for receiving.
GRAHAM pleaded GUILTY . Aged 21.— Transported for Seven Years .
JOSEPH GRAHAM, SEN . I live at Stratford, which is in the parish of West Ham. It is my dwelling—house—on 19th June I missed a pair of shoes, a spencer, a silk—frock, some salt-spoons, a miniature, a quantity of cutlery, and some books, worth about 8l.—I had seen them safe the day
before—these articles (produced) are mine—there were no marks of violence about the house, but there were on the garden wall, as of some one having climbed over—the ivy was torn off—Graham is my son, but he did not live with me.
FRANCIS DEFRAITS (policeman, K 61). On 21st June, Graham came to me and asked if I had heard of the job at the old man's—I said I had—he mentioned a number of articles which had been described to me, and mentioned a person's name—that person was not present, but he said he would show me where the person lived, and I went with him to St. Mary Axe—he pointed out a house to me there, where I found Inglis, and told him he was charged with another person, on suspicion of committing a burglary at Stratford—he said he knew nothing about it, and went with me to the station.
CHARLES MILLS (policeman, K 306). I went with Defraits to Inglis's—I asked him if he had not got a pair of patent leather shoes, which were stolen from Mr. Graham—he said he knew nothing about them—after taking him to the station, we went back to the house, and found these shoes on James Sutherland's feet.
Inglis. Q. Did I not say I knew nothing about any shoes that were stolen? A. Yes.
JAMES SUTHERLAND . I lodge in the same house with Inglis—on 20th June he asked me if these shoes would fit me, and offered them in sale to me—I found they fitted me, and bought them of him—he was not at home on the night before I bought them.
WILLIAM SMITH (policeman, K 28). On 23rd June I went with the prisoner Graham to a public—house in Billingsgate, and there got these two salt—spoons; I then went with him to a public—house in Rosemary—lane, and there got the boots—I went to Ongar, in Essex, and there found the cutlery.
WILLIAM BOWLER . I keep the Anti—Gallican, Billingsgate—market On 20th June the prisoners came, and Inglis asked me if I would buy two saltspoons; I said, "No"—he went away, came back again, and said, "I wish you would have these spoons"—I asked him where he got them; he said they were not his, they belonged to Graham; that his brother was dead, and he had these spoons, with two or three other things—he then asked me to let him have 3s.—I let him have it, and kept these spoons—these produced are them.
EDWIN WOODMAN . I am barman at the Blue Anchor, Rosemary—lane. On 20th June the prisoner came to our house—Inglis brought a pair of boots, and asked me to be so kind as let him have 9d. and a pot of beer for them; and I did so—I gave the boots to the police.
Inglis's Defence. I was at a public—house, and Graham brought these things in, and wanted to sell them—I asked if they were his own; he said they belonged to his brother, who was dead—I did not know they were stolen.
INGLIS— GUILTY on 2nd Count. Aged 38.— Transported for Seven Years . (There was another indictment against the prisoners for stealing goods, valve 3l. 13s., of Joseph Graham, the elder , to which the prisoner Graham also pleaded guilty . It was stated that Graham had broken into his father's house three times in three Months.)
Before Mr. Justice Cresswell.
1529. THOMAS BREWER—HATTON , was indicted for burglariously and sacrilegiously breaking and entering the church of St. John, at West Ham, and stealing therein 4 surplices, and other articles, and 3l. 7s. 91/2 d. in money; the property of William Holloway, clerk:—Other COUNTS, of William Holloway, clerk, and others.
MR. BALLANTINE conducted the Prosecution.
JOHN WILLIAM MANNING (police—sergeant, K 5). I was on duty at the police—station, at Stratford, on Wednesday morning, 11th June, between 8 and 9 o'clock—the prisoner came there in a very flurried state, and said that Stratford Church had been broken into and robbed—I and Benton accompanied him to the Church—it is St. John's Church, Stratford—we got in through the north door—it was not open, it closes by a spring, you can push it open, it was not locked—we went into the vestry—there was a table there with drawers—the place was in a very confused state, the things were lying about the vestry, one drawer was on the ground and another on the table—I examined the drawers and found them cut above the wards of the lock—I asked the prisoner what was gone—he looked about for a short time and then said, two new surplices, an ink-stand, a hat-brush, that poor Mr. Nicholl bought just before he left, and some money, but he did not know how much—I asked him if he was positive it was a new surplice that was stolen—I said, "Might not the dirty ones have been stolen, be certain, because you might lead us astray in making the inquiries"—he said he was positive, for the two dirty ones he took over to his house on the Sunday night—he said the money had been taken from a drawer in the table—he called my attention to a window, where he said they must have got in—I examined it—it was cut—it was about ten feet from the ground on the outside, and about six feet on the inside—it was a lattice—window, with leaden diamond—shaped frames—it wall cut apparently from light to left—I have it here (producing it)—this is the frame as I had it cut out—it is exactly in the same state—here is a place where the knife seems to have slipped and caught here—the frame was cut and bent inside in this way (describing it)—I should say the hole was hot large enough for a person to get through—I examined the window—sill, the dust on the outside was very thick and undisturbed—the sill is about five or six inches wide—there were no marks of fingers or feet in the dust—there were three scratches across it, parallel with the sill, which appeared as if they had been done with a bit of glass, or the blade of a knife—they appeared to have been recently done—the window is exactly ten feet from the ground outside—the cutting of the lead was close down upon the sill—it would open immediately above the sill—the ground outside was gravel, but from the time it appeared to have been, laying there it was flattened and soft, so that anything placed there would make an impression—there were three or four footmarks three or four feet off, going towards the vestry, from the north door, running parallel with the side of the church, towards the vestry, as if a person had passed by—there were no marks of footsteps pointed towards the window—there were several marks, apparently of trampling, on the top of a seat immediately under the window—there was a quantity of dust on the bench—you could see some faint impressions of footmarks here and there, it appeared to be the middle of the sole where the dirt had been left, as though the dirt had adhered to the foot and some of it had dropped off—the prisoner led me from the window towards the north door, and said that was where the thieves must
have let themselves out—at the right—side of that door I found this candle in a tumbler, or drinking—glass—the candle was lying in a slanting direction in the glass—I asked the prisoner if that was one of the church candles—he said, "No"—I said, "Are you sure of it?"—he said, "I am, for the candles used in the church are under my care, under lock and key"—Benton left me for a moment or two, and then returned and said, "Are you sure there are no other candles similar to that in the church but what were locked up?"—he said there were none—Benton said, "I think I can show you one," and pot his hand under the seat at the extreme end of the Church and pulled out a candle from among some old dusters, brushes, and rubbish, and said, "Here is one" this is it (produced)—it is of exactly the same size and coloured tallow at the one I found in the tumbler, and they are both broken in exactly the same position at the bottom—one is a little larger than the other, they have both been lighted—I showed them to a tallow—chandler—I asked the prisoner if any person had access to the Church but himself—he said, "No," and said, "I locked the Church—doors about half—past 7 last night, and nobody has the keys but myself"—I then communicated my suspicions to the churchwardens and I took the prisoner into custody—I took him to the station, searched him, and found on him a bunch of keys, a sovereign, three shillings, a half-crown, and 51/2 d. in copper—the prisoner remained in custody that night—next day I went to the Church, unlocked the cupboard under the stairs with a key on the bunch I took from the prisoner, and found this surplice (produced) at the extreme end of the cupboard, under a quantity of shavings, old church hassocks, and a quantity of dirt—some ink has been spilled on it—I found some ink had been spilled on the mat by the north door.
Cross-examined by MR. PARNELL. Q. Have you got the keys you found on the prisoner? A. Yes; I have not got another bunch—I saw an old rusty bunch—a man named Hallard showed them to me in the public—house here—he sent over from the Court and showed them to me—I looked at them, gave them back to him, and have not seen them since—I do not know that they were the apparent duplicates of these—it was last Session, I forget the day—they had no label on them—the prisoner did not tell me at what time he discovered the Church had been broken into, or how he discovered it, or whether any one was with him.
MR. BALLANTINE. Q. Who is Hal lard? A. A labouring—man—I know nothing about him—I never saw him before.
JAMES BENTON (policeman, K 381). I heard of the robbery, and went with Manning to the Church—after examining it I went to the prisoner's house—he lives just across the road, facing the Church—I went to the top of the house, and in a nook for a closet, which I think had a door to it, I found this new surplice, and a part of an old one (produced)—when I heard of the robbery in the morning I asked the prisoner whether he was sure there were two new surplices taken away—he said he was sure there were two new ones, for he took the two old ones home on Sunday night to be washed—I said, "Are you quite certain you might not have taken some of the new ones home in mistake?"—he said, "No, I am certain of that. "
Cross-examined. Q. Had his wife the washing and the care of the surplices? A. I do not know; I know he was the sexton—I did not know he kept the keys of the Church—I have not seen another bunch of keys—I did not find one in one of the doors.
J. W. MANNING re-examined. There was no bunch of keys in one of the doors, nor a single key.
JAMES RANDALL (policeman, K 324). On the night before the robbery I was on duty in High-street, Stratford—I was standing near the Church, on the north side of Stratford, and saw the prisoner going towards Angel-lane, away from his own house—I saw him again, about 3 minutes after 11 o'clock, at the corner of Angel-lane—he said to me, "I thought you were on day duty," and said, "Is this the end of your beat?"—I made him no answer to that—he asked if I went down towards Stratford-grove—I said, "Occasionally"—he asked if there was a man in the Grove—I told him, "Occasionally"—he then wanted to know if I went op Angel-lane—I told him, "Occasionally"—he then asked if there was a man in Angel-lane—I told him, "Occasionally"—he asked if there was a man on the other side, the south side of Stratford—I said, "Yes"—he wanted to know who the man was—I told him, "Fowle"—he wanted to know if Fowle went beyond the Church—I told him, "Occasionally"—he then wanted to know what time it was daylight in the morning—I told him, "Between 2 and 8"—he then asked if I would give him a call between 3 and 4 o'clock, he wanted to go to the Church; and then he said he wanted to go and dig a grave—I did call him at 20 minutes to 4—after I knocked three times, he stood at the window, and nodded his head, but did not answer—he was in his shirt; I cannot say what more he had on.
Cross-examined. Q. Was there a roan with him at the time you had this conversation? A. Yes; I do not know his name—he heard all that passed—we had nothing at all to drink; that I am quite sure of—I knew the prisoner before well—he called me Jim—I am quite sure we had no half-and-half to drink—when I left him he went towards the Church—his house is close to the Church—I know nothing of a rusty bunch of keys that a man named Hallard got—I saw a man with a rusty bunch of keys—they were larger than these produced, I should think—Hallard is a labouring man; I cannot say whether he is a mower—I did not see him at work in the churchyard on 11th or 12th June—I cannot say whether there had been any mowing going on in the churchyard.
J. W. MANNING re-examined. I found an ink-bottle in the cupboard under the gallery, where I found the surplice and brush—I have the surplices here (producing them)—there was very little ink in the bottle—it was lying under a quantity of rubbish, and the brush was in the stand.
Cross-examined. Q. Had Hallard been mowing in the churchyard a day or two before? A. I should say not; if he had I Should have seen him; I pass there repeatedly.
FREDERICK JOHN ALEXANDER . I am a surgeon, living at Stratford, opposite the Church. I know the prisoner by sight, and know his house—I saw him on Tuesday night, 10th June, at a quarter-past 11; the quarter chimes were going as he went past me—I saw him go across from the angle past my house to the churchyard-gate—that was away from his house.
Cross-examined. Q. Where did he cross from? A. From the corner of Angel-lane; I should think it was about eighty yards from his house—his side-face was towards me—I had been out to see a patient, and was locked out, and had to ring up my servant to get admission.
ELIZABETH JOHNSON . I am single, and live at Stratford. I iron the surplices for the Church—I know these two surplices—I believe them to be the surplices belonging to the Church—I last ironed them a month ago, on that Friday before they were stolen—there were no ink marks on them then; there was some iron-mould.
Cross-examined. Q. That would be from ink? A. Yes; the prisoner had charge of the surplices—we always had them from his house—I do not know how many were kept in the Church—those not in use were kept at his house.
WILLIAM TROT . I am clerk and schoolmaster of St. John's Church, Stratford. On the Monday evening before the robbery I was in the vestry with the clergyman—I opened the table-drawer—there was 3l. 7s. 9 1/2 d. in it—there was no gold—no one had a key of it but myself—I put 1s. In, which made up that amount—I saw an ink-stand there—I know this one (produced)—I should say it is what we have used in the vestry—it was not kept in the cupboard under the stairs—I learnt of the robbery at 9 o'clock on Wednesday morning—I afterwards saw the prisoner at the Church—he sent his boy over to me—he said he went to bed at 11 o'clock overnight, to get up at 4 next morning—I know that he had to dig a grave.
Cross-examined. Q. How many surplices were generally kept at the Church? A. Two or three; the rest were at the prisoner's house—these keys were kept by the prisoner—he also had the large keys of the gates—I know nothing of a rusty bunch—I had nothing to do with the cupboard in the Church—if the pew-openers wanted the keys they would have to go to him—the clergyman's name is William Holloway—I do not know a man named Hallard, not by name—some persons living in Bull-court had been employed just before last Sessions to mow the churchyard; I do not know their names, or whether one of them was Hallard.
JAMES GALE . I am beadle of the Church. I know the cupboard under the stairs—the prisoner kept the key of it; he was the sexton—I have never seen any key to that cupboard, except what he kept in his possession—on the Sunday night before the robbery, he asked me to go and lock the south gate while he took two surplices home to his house to be washed—there are some old surplices now in use at the Church.
Cross-examined. You have been to this cupboard from time to time, have you not? A. Yes, if he asked me; and then I got the keys from him—the pulpit and communion-table coverings are kept there—I never saw him give the keys to the pew-openers—I have seen a bunch of rusty keys hanging up at his house; but these keys were mostly in his pocket—I do not know what keys the rusty bunch were—there was a man employed by the prisoner some time ago to mow the churchyard—I do not know his name—I saw the bunch of keys that a man brought here last Session—they were something similar to the bunch I saw hanging up at the prisoner's house, but I could not positively swear to them—I have been to the prisoner's house since the robbery—I went there on Sunday night after a small key—I did not notice whether the rusty bunch of keys were gone, or not—the house is empty now.
WILLIAM TROT re-examined. There are five or six surplices in use at the Church—I do not know whether they were in use at the time of the robbery—we had two old ones—they are still in use—the money in the drawer was sacramental money—the communion-plate was kept in an iron chest in the vestry, under three locks—I only have the keys.
MR. PARNELL called the following Witnesses.
WILLIAM GARDENER . I am a boot-maker, and have been eighteen years in the employment of Mr. Skinner, of Stratford. On Whit-Tuesday evening, 10th June, I was at Jay's beer-house, at Maryland-point, which is about four or five minutes' walk from the Church—the prisoner was there—we left the house together just before 11 o'clock—we went in the direction of his house,
and passed it—I said to him, "We have passed your house"—he said, "Neve mind; I want to see some one to call me," because he had to get up in the morning to dig a grave—we came up to the policeman Randall; and it was ultimately arranged that he should call him at 4 o'clock—before we parted, I and the prisoner and Randall had a pot of half-and-half together, outside the Angel—I then bid the prisoner good-night, and he went homewards.
ELIZA ANN RICHARDSON . I am a cousin of the prisoner's wife. She was out of health on Whit-Tuesday—I was staying with her—I recollect the prisoner coming home that evening, about a quarter-past 11 o'clock—he went to bed immediately—I slept in the same room with him and his wife—Mrs. Hatton was very bad in the night with spasms, and I went down-stairs once or twice for her—I did not sleep much—about 4 the prisoner was called by some one at the window—he had not left his room between the time of his going to bed, and 4—when he was called, he got out of bed, went to the window, and said, "All right!" and then went back again and went to bed—he got up about half-past 6—I know this bunch of keys (the keys produced)—they were kept by the prisoner—there was also a rusty bunch, generally kept at the prisoner's—the boy Wright had them on the Monday, to go to the Church—he took them—they used to hang up in the front-room; he took them from there—I have not seen them since—they hung on the same peg where the keys of the Church were kept—those keys were given to anybody connected with the Church who chose to come and ask for them—there is no closet or cupboard in the attic—the surplices were kept there when they came to Mrs. Hatton's.
Cross-examined by MR. BALLANTINE. Q. Do you mean that there is no hole in the wall, or anything of that kind? A. No; no place in which to put anything out of the way—I am eighteen years old—there are three bed-rooms in the prisoner's house—the prisoner, his wife, and myself, were the only persons living in the house at that lime—I slept in their, room, because there was no other bed; the things had been all taken away—I had a mattress to lie on—I slept there on the Monday and Tuesday, and frequently before—I always slept in their room when I stayed there, because Mrs. Hatton wax ill—when I was not there, her sister or his sister stayed with her; she goes about sometimes, not very often—a surgeon attends her—I never had the keys in my possession—I have taken them down from the peg—I cannot tell how they came to be found in the churchyard—I did not take them there—I swear that—I never had them in my possession after the robbery, and never saw them in the hands of anybody else—I do not know Hallard—no keys have been shown to me by anybody, either at this Session or any previous time—I know it was about a quarter-past 11 o'clock when the prisoner came borne, because the shops were shut up, and I had heard the Church clock strike 11—I was down-stairs at that time, and Mrs. Hatton also—she was able to get down-stairs, but not to be left alone—I helped her down—she was sitting along with me, not at supper—I was at needlework—she was down-stairs when the prisoner came home—I continued in the kitchen about half an hour after he came home—I and Mrs. Hatton went up-stairs together—the prisoner had gone to bed first—we found him in bed when we went up—I did not undress myself all night—I do not know what o'clock it was when Mrs. Hatton's spasms began; I suppose it was about half-past 12—I did not notice—there was no furniture in any of the other rooms—there had been a distress—they were in very bad circumstances—with the exception of the bed and mattress, there was scarcely anything in the house—I had seen the prisoner in the course of Tuesday morning—I heard nothing of his wanting
money during that day—I never heard him say anything about money—I live at Stratford, with my father—I was before the Magistrate the first time but was not examined.
GEORGE RIVETT . I am a carpenter and undertaker, at West Ham. I have known the prisoner several years—as far as my knowledge goes he has borne the character of an honest man—I have come in contact with him in the way of business many times—I live about half a mile from him—on Wednesday morning, 11th June, he came to me about a grave, and I gave him some directions about it—I noticed nothing extraordinary in his manner at that time—he told me he had been to look after the grave-diggers—that was his duty.
Cross-examined. Q. Do I understand you to state upon your oath, that the prisoner bore a good character for honesty? A. As far as any dealings I have had with him—I have never heard anything spoken against his honesty, except since this case, nothing that there has been any proof of—I never heard any imputation against him, except the present charge—I have heard that he was behind with his rent, nothing else—I never heard anything about gambling—I might have heard perhaps of his gambling, but I do not know that there is any dishonesty in that—I never heard of any charge against him in connection with the former Incumbent—I do not remember that I have heard that he behaved dishonestly to that gentleman—I think since this case has been talked about, I have heard that there were some arrears due to the clergyman—I have no idea what—I suppose in the shape of fees which passed through his hands, but that was merely in the way of talk—I heard no proof.
MR. PARNELL. Q. And that is since this charge has been made against him? A. Exactly so; among the many spiteful things reported, that is one—there is a good deal of party feeling going on in Stratford about this matter—I never heard anything against his honesty previous to this charge.
WILLIAM WRIGHT . I am in the prosecutor's employment—I recollect this bunch of keys of his belonging to the Church—there was also another, a rusty bunch, kept in his house—I last saw them on Whit Tuesday morning—I got them from the prisoner's house to unlock the closet to take a brush and duster out—when I had done with them I left them on the poor-box, on the free seats—the Church was open for service that day, at 11 o'clock—it was just before a quarter to 11, that I left the keys there—I have not seen them since—it was I who went and told Mr. Trot about the robbery—I found it out in the morning when I went over with the prisoner, about half-past eight—the people had come at that time to dig the grave—I do not know who had come—I have seen Mr. Plastow there—he comes from West Ham—I first saw the prisoner that morning when he came to knock at his own door about a quarter past eight—I went to his house about 8, and when he came he and I went to the Church—as we went towards the Church he showed me the broken window—I went inside the Church with him—we went in at the side-door—I do not know whether that is the north door or not—it was on the same side of the Church as the clergyman stands at the altar—I found at that door a tumbler with a piece of candle in it, and a pair of steps belonging to the Church—they were usually kept under the stone-stairs—the bottom bolt was raised of the door we went in at—it ought to have been fastened—I did not observe anything particular in the prisoner's manner before I saw the broken window—there was nothing different in his manner after we found it out.
Cross-examined. Q. What time had you generally to be at your master's? A. Seven o'clock—I was late that morning—my master had not told roe not
to come so early—I always am about half an hour beyond my time—I had my breakfast that morning before I came away—I did not always do so—I generally have breakfast at Mr. Hatton's—I live with my mother—Mr. Hatton paid me 7s. a week, and my board—he was angry with me when I came late—he did not scold me for being late that morning—he pointed out the broken window to me—he said, "Wright, my God! there is the, window broken"—he appeared surprised—I was then crossing the road with him, directly opposite the window—I could see it quite plainly—it was broken outside, and the leads were turned inside—I could see that—it was the prisoner who found out that the bolt of the door was undone—he pointed it out to me, and said, "Here is the bolt turned"—when we got into the Church, we went and looked at the window—we went close up to it, and were two or three minutes looking at it, standing on the ground—he did not do anything except stand on the ground looking at it.
MR. PARNELL. Q. If the bolt had been down in its proper place, would it have been possible to open the door you went in at? A. No.
COURT. Q. How many doors are there to the Church? A. Four; the door we went in at is surrounded by the churchyard—it can be seen from the street—the other doors are not seen from the street—that was not the nearest door to the prisoner's house—the side-door is the nearest to his house—the door we went in at is at the end of the Church—there is a steeple at that end—the door is at the foot of the steeple—we passed the side-door before we came to that—there is a lock to the end door—there is no lock on the side-door, only bolts—the prisoner unlocked the end door, opened it, and then we went in—it was not the door we got in at that had the bolt up—it was the side-door where the bolt was up—I did not say, a short time ago, that we went in at the side-door—it was the middle door we went in at, the door under the steeple.
GUILTY .— Confined Eighteen Months.
Before Mr. Common Serjeant.
GUILTY. Aged 22.— The prosecutor deposed to her good character, and recommended her to mercy.—Judgment Respited.
ANN MERRINGTON . I am in the service of John Orrick Kennard, a draper, at Deptford; he is in partnership with his brother. On the afternoon of 16th June, the prisoners came to the shop, and Connell asked for some braid—I showed her some, and she purchased some which came to 1d.—she then asked to look at some ribbon—I showed her some; they both looked at it, did not buy any, but left the shop together—in about five minutes Ebbs came in, and in consequence of his bringing some ribbon I looked in the drawer of ribbons which I had showed to the prisoners—I missed a piece of white satin ribbon from there, and saw it among what Ebbs produced—this is it (produced)—there are eight or nine yards—there was a mark on it—the prisoners had been to the shop before—I swear to them.
my custody—on the way to the station she said, "I have taken the ribbon" and she handed me these ten pieces (produced) one of which Merrington has identified; there was a mark on it then.
Webb. I only said I had taken one piece of black ribbon.
(The prisoner Webb received a good character for the last seven years.)
WEBB— GUILTY . Aged 25.— Confined Twelve Months.
CONNELL— GUILTY . Aged 16.— Confined Six Months.
ROBERT EDWARDS . I am in the Royal Artillery, at Woolwich. The prisoner was in the same corps—on 30th June, I pawned my watch at Mr. Burt's, for 5s.—the prisoner waited outside for me; I lent him half-a-crown—when I got home I put the ticket in the bag of my belt, and kept it there till 2nd July—on 3rd July the prisoner came home drunk, I put him to bed—I felt his pockets to see if he had any money, that I might take care of it, and I found a ticket in his pocket, and I then missed mine from my bag—I had not authorised him to take it; I never sent him to get more money, or to get the watch back—this is the ticket I found (produced)—it is not the one I put in my bag, but has been changed, and another 5s. got on the watch.
Prisoner. Q. Did you take any money out of my pocket? A. No; I did not give you the ticket and the money to get the watch out.
HENRY STEPHEN BURDEN . I am in the service of Mr. Burt, pawnbroker, of Woolwich. On 30th June, Edwards pledged a watch with me for 5s.—I gave him a ticket—on 3rd July the prisoner came to the shop, asked for 5s. more on the watch, and put down this 5s. ticket which I had given Edwards (produced)—I gave him 5s. more, and gave him a 10s. ticket.
GUILTY . Aged 30.— Confined Four Months.
(The sergeant of the regiment stated that the prisoner bore a very bad character.)
GUILTY . Aged 25.— Confined Four Months.
Before Mr. Justice Wightman.
MESSRS. BODKIN and CLERK conducted the Prosecution.
SARAH TAYLOR . I am the wife of John Taylor, we live at Wandsworth, near the South Western Railway. The prisoner lived two doors from me, with his wife, Elizabeth Eastwood—I have been there four or five years, and they between five and six years—on 4th June, between 9 and 10 o'clock at night, I was hanging out my clothes in the yard, which is common to all the houses in the row, and heard Mrs. Eastwood swearing very much at him,
and b—ring him (she had been away for three weeks, and had been at home about a fortnight)—he said, "You promised when you came back to behave yourself; you don't call this behaving yourself, do you?"—in three or four minutes I heard a bit of a scuffle, and I heard the deceased's eldest child call out, "O father, you have killed mother!"—he has two children by Elizabeth Eastwood, and two by a former marriage—I went to the back-door, got into the house, and saw the prisoner coming towards the house with the youngest child in his arms, which is three or four years old—I asked him what was the matter with the children—he said he did not know—I went into the front-room, and saw Elizabeth Eastwood lying on the floor on her back, with a chair towards her feet—I asked her, in the prisoner's presence, what was the matter; she said Mr. Eastwood had stabbed her—he said she had run against the knife—I saw a knife on the table with the supper things—Mrs. Staples, a neighbour, came in after me—the prisoner carried his wife up-stairs, and Mrs. Staples and me went up after him—he put her on the bed, kissed her, and said, "God bless you, I hope you will do well"—we undressed her before the surgeon came—her stays were cut through, and beneath the cut there was a wound about three inches below her left breast, and blood on her breast.
Cross-examined by MR. PARRY. Q. How long had you heard the quarrelling before you went in? A. About a quarter of an hour, or twenty minutes—Mrs. Eastwood's voice was loud and violent—she called him a liar several times, and appeared very violent and quarrelsome—the scuffling continued a minute or two—the prisoner has two daughters by his first wife; due is sixteen years of age, and had gone to service that morning, and the eldest daughter is in service also—she had been living with them—the prisoner appeared to regret what had happened very deeply—I have seen the deceased in a rocking-chair—there was a knife and fork on the table—they were at supper—this is a common table-knife—when the prisoner came to the door, he appeared perfectly bewildered, as if he did not know what he was doing or saying—I have several times seen her running at him, swearing very violently.
SARAH STAPLES . I am a widow, of Wandsworth, and live within two doors of the prisoner and the deceased—on this evening, I heard the children screaming, and went out—I went into the house, with Mrs. Taylor, by the back-door—before I went in, I heard the prisoner say, "Speak to me, speak to me, once more"—the children said, "Mother cannot speak, she is dead; you have killed my mother"—I went into the front-room, and found the deceased lying on the floor—she looked up, and said, "Oh, Mrs. Staples, my husband has stabbed roe to the heart"—I said, "Oh, Eastwood! you have killed your wife"—he said, "I hope not; but do what you can for her"—I stooped down, and said, "What is the matter?"—she said, "He has done it at last; he has stabbed me to the heart"—he then said she had done it herself—I asked him to help me to raise her up—she said, "It is under my left breast"—I took her things off one shoulder, and then she bled very freely indeed—he carried her up-stairs, kissed her, and said he hoped she would do well.
Cross-examined. Q. You say you were very much alarmed; can you positively state the exact order in which any of those expressions were used?
A. I am quite confident as to what passed, and quite confident the prisoner said, "I hope not," when she said he had stabbed her to the heart—he seemed very much distressed, almost paralysed.
said, "Bill, how did this affair take place?"—he said, "I will tell you: me and my wife had some words as I was having my supper; I had a knife in my hand: she ran against the knife, and stabbed herself;" I am positive those were the words—I said, "You don't mean to tell me that, Bill?"—he said no more—the doctor came, and we all went up-stairs—I saw the woman, with a wound about an inch long—I told Mr. Brown, in the prisoner's presence, that if the woman was in a dangerous state, I should take the prisoner into custody—the prisoner said, "You may find that ail out"—I took him down to the room below, asked him where the knife was, and he gave it me off the table—it was bloody, right down to the handle—this is it, and the woman's clothes—I took the prisoner to the station.
MR. BROWN. I am a surgeon, of Wandsworth. I was called to the prisoner's house, and found the deceased in bed, with an incised wound about three inches below the left nipple, rather more than an inch in extent, and extending deeply—she was then in a state of collapse—she afterwards rallied, and lived nearly eight days—I made a post-mortem examination, and traced the wound through the integuments, between the sixth and seventh ribs, into the cavity of the chest, not wounding the lungs, but going about three inches into the liver—this knife would have inflicted such a wound—nearly the whole of the blade must have penetrated—it certainly could not have been inflicted by a person running against another who was holding a knife; it would require considerable force—that wound was the cause of her death.
Cross-examined. Q. I am afraid it was a wound which must have been fatal? A. Yes; I thought, at first, she might recover, being unaware that the liver had been penetrated.
ALFRED TAYLOR . I am chief clerk to the Magistrates, at Wandsworth Police Court. The deceased woman was examined, and her deposition taken by the Magistrate in the prisoner's house, and in his presence, on a charge of stabbing, with intent to murder—these are the depositions—(read—"Elizabeth Eastwood, on her oath, says, 'I am the wife of the prisoner, William Eastwood. I was sitting in my rocking-chair last night in this house, at the Point, Wandsworth, between 9 and 10 o'clock; the prisoner was sitting at his supper, with a knife and fork in his hand; we had some angry words, and he ran at me with the knife in his hand, and stabbed me with the knife while I was sitting in the chair; that is the truth, as I have not long to live in this world; my neighbours came in, and assisted me. '
Cross-examined by the prisoner.—The cause of our words was, as is always the case; for whenever he comes in-doors, whoredom is in his mouth, and he called me a whore last night; I dare say I said he had had connection with his daughter; I do not know whether he had been drinking. 'Re-examined.' I did not mention anything about his daughter last night when we quarrelled, it was on a former occasion.' "
(John Stewart, a cutler, of Putney, gave the prisoner a good character.)
GUILTY of Manslaughter. Aged 41.— Transported for Life .
Before Mr. Justice Creswell.
GUILTY of Concealing the Birth, Aged 30.— Confined Twelve Months-
Before Russell Gurney, Esq.
MR. GIFFOED conducted the Prosecution.
WILLIAM FENNELL . I am a shoemaker, of 52, Commercial-road, Lambeth. My two sons work with me—the prisoner was in my service—he was at work in the shop on 4th July—I wrapped up six sovereigns in paper about 10 o'clock, and put them into a drawer under my seat, in the prisoner's presence—I remained there till a quarter to five, when I and my sons left the shop, leaving the prisoner there; and just as I came to the top of the kitchen-stairs, the prisoner was coming out of the door leading into the passage—he said, "I have bolted the street-door"—I said, "Very well"—he then left to go to his tea—he ought to have come back in half-an-hour, to finish his work; there was only five minutes' work to do, to finish it—he never returned—he used to work by the job—I missed my money between 6 and 7.
Prisoner. Q. It was nothing unusual for me to leave my work in that manner? A. You often leave it unfinished.
HENRY MORTON (policeman, L 63). On 5th July, between 3 and 4 o'clock in the morning, I found the prisoner in James's-place—I said I wanted him, for robbing his master of six sovereigns—he said, "Oh!"—I asked him how much money he had about him—he said, "I have 6s., 7s., or 8s. "—I said, "Is that all?"—he said, "Yes"—I told him to lie in bed, where he was, while I searched his pockets—I did so, and found two. sovereigns, 31/2 d. In copper, and 16s. In silver.
Prisoner. I did not say what I had in my other pocket. Witness. You said you had 6s., 7s., or 8s.—I said, "Have you any more?"—you said, "No. "
THOMAS FENNELL . I live with my father. On 4th July the prisoner came to work, after four days' absence—he had been using a knife of mine, and asked me if I could spare it—I said it cost me 3d., and he might have it for 2d. If he wished it—he gave me a shilling; I did not give him the change, as he had been out on the drink four days—he said, "Thomas, can you give me change for the shilling, because I have no more money, and I want to buy a pair of soles for some shoes?"—I gave him two 4d.-pieces, as I had no copper, and that was all the money he had—I went with the police-man—he told the prisoner he wanted him for robbing his employer of six sovereigns, yesterday afternoon—he said, "All right, I will be with you in a moment"—he said, "What money have you got in your pocket?"—the prisoner said, "6s., 7s., or 8s. "—the policeman said, "Have you got any more?"—he said, "No"—the policeman told him to lie still—he searched his pockets, and found 16s. 6d., and in another pocket two sovereigns and 31/2 d.
JULIA BOXALL . The prisoner lodged with me. On 4th July, about 20 minutes past 9 o'clock, I sent the little girl up to him to ask him to let me have some money—he said, "I have not got a tonic in the world; I will give it you to-morrow night, and I will give the old man 2s. off the back rent"—I said, "Did you go yesterday to fetch the coat?"—he said, "Yes"—I said, "Did you pay the man?"—he said. "Yes"—I said, "What did you pay him?"—he said, "Half-a-crown"—I said, "What have you done with it?"—he said, "I have pawned it for twelve bob "—I said, "You foolish man, I am very sorry I have recommended you"—he said, "Never mind, the man shall have his money, and I will pay you to-morrow night"—I said, "What have you done with the money; can't you give me something out of that 12s.?"—he said, "I have not got a farthing about me. "
HENRY PICKETT . About three weeks ago the prisoner came into the place where I was, in Norfolk-street, Southwark-bridge-road—he spoke to my friend, and said he meant to crack a crib, and he afterwards named the place as the house of his master—he said he knew the old bloke had got some money, but he did not know where it was, that his master only kept him to serve his purposes, and he intended to do the same.
Prisoner. It is all false that this last man has come up and said against me.
GUILTY . Aged 20.— Confined Twelve Months.
Before Mr. Recorder.
GUILTY .** Aged 35. (A witness engaged to employ her.)
Confined Seven Days .
GUILTY . Aged 20.— Transported for Seven Years .
SAMUEL HENRY LEAH . I am a tarpuling manufacturer. The prisoner was my journeyman and servant—it was part of his business to make hay-covers—I used to give him out the materials—he used to come to my house, and cut them out for himself—on 23rd April, I delivered to him a sufficient quantity of canvas to make forty-three nosebags—I am quite satisfied these nosebags produced by the pawnbroker are made of my canvas—I buy the Article in the piece; other people can buy it, and make nosebags of it—I received some pawnbroker's tickets from the prisoner's wife, arid gave them to the policeman; this is one of them; I marked it on the back—I gave the prisoner into custody on the same day that I received them, and told him he was charged with stealing my property, of which I had got the tickets—he said he was very sorry for what he had done, or was very sorry for it; I cannot say which—I am very deaf.
Prisoner. You say I had canvas from you to make up forty-three nosebags, that is decidedly wrong. Witness. Forty-four was the number; here is your handwriting for it—I paid you for the making, and here is your bill and receipt—you had sufficient for sixty-six, but you had delivered twenty-four.
ALFRED MANSFIELD (policeman, P 312). I went with Mr. Leah, and took the prisoner—Mr. Leah said, "I have brought an officer to take you into custody for pawning my goods"—the prisoner said he was very sorry for what he had done, he had been laid up with rheumatic gout for a length of time, and got so badly off he was obliged to make away with the goods.
Prisoner's Defence. The first cause of my committing myself was my getting the rheumatic gout, and having a large family; I had 2l. 5s. 6d. to pay my landlord, and was obliged to pledge the goods which I had in my house; and I never received my full wages but once, when I was ill, and my wife would not leave Mr. Leah till she got the money; I sent my wife to the beer-house Mr. Leah was in the habit of using, saying I was waiting
there to be taken, and that if he would give me time, I would redeem all the property; I plead guilty to pledging them, but did not steal them, for they were at my house.
MR. LEAH re-examined. He did the cutting out at my premises, it was then his duty to take them to his place, where I arrange for him to deposit goods for sale—he made a portion of them up on his premises—these twelve new bags were made there, as far as I know—he took them for my convenience—he would have to take goods which he had to deliver out to others to his own place first—none of these forty-four were for other persons—they were to be made by him, and I paid him for making them all.
The RECORDER, having consulted MR. JUSTICE CRISSWELL, considered that the goods were in the prisoner's lawful possession as bailee, and that although it was a dishonest act, it did not amount to a larceny.
NOT GUILTY .
SAMUEL HENRY LEAH . The prisoner ought not to have made these hay-covers at his own house—I gave him the money to pay Wurr for making them—here is an entry in my diary: "27th May, 1851: one wagon-cover made, and two cart-covers"—it is his duty to deliver them to Wurr—Wurr is not here—it was two tarpaulings I gave him on 6th June—the covers are mixed up together.
NOT GUILTY .
Before Mr. Common Serjeant,
SAMUEL HENRY LEAH . I am a tarpauling manufacturer, at Walworth. The prisoner was in my service—between 19th May and 2nd June, I gave him out 400 yards of canvas to make up—there were 193 yards at one time of Osnaburg canvas—he cut the goods out at my place, and made them at his own, in lengths of seven yards for wagon-covers, to be dressed afterwards—he was also to give part of it to a man named Wurr—I have only got two covers back, except what have been found at the pawnbroker's—on 17th June, I gave instructions to the police to look after him, and on the same day his wife brought me some duplicates—I saw the prisoner the same day, and gave him into custody—he said he was very sorry for what he had done—this part (produced) is what he ought to have delivered to Wurr—this case has not been tried before this Sessions—he was indicted for stealing eight or nine other articles—the Recorder had a doubt whether that indictment could be sustained—he detained the prisoner, and ordered me to indict him for misdemeanor on this lot of property.
Prisoner. Q. Did you not say to me, "Now, mind, give no more to Mr. Wurr; if you cannot do it yourself, I will give the rest to Wurr?" A. Certainly not—Wurr is my servant.
it was for stealing a quantity of canvas—he said, he was very sorry for what he had done—he had been laid up a long time with rheumatic gout.
SAMUEL HENRY LEAH re-examined. The prisoner was not to work on all this canvas—this (pointing it out) he was to deliver to Wurr, who was to sew and dress it, and Wurr was to bring it back to me when it was finished—it was not to go back to the prisoner at all.
Prisoner. Q. Do you remember being with Mr. Leah and me, and Mr. Leah saying, "How much has Say ward given you out of the piece of Osnaburg he cut out yesterday?" and you stated it was two hay-cart covers, two wagon-covers, and two small ones? A. I have never had but five from you altogether, and you have mentioned six—I remember a similar conversation, but it was on a previous occasion.
NOT GUILTY .
FREDERICK DRAPER . I live in Holborn. On 24th June, between 3 and 4 o'clock in the afternoon, I was on London-bridge, looking over the parapet, at the fire which had taken place at Alderman Humphreys' wharf the day before—the prisoner was next to me—I felt him draw my watch from my waistcoat pocket—it had been safe a minute before—I looked down at the prisoner, and saw a small curb-chain hanging down between his fingers—the chain was attached to my watch—I made a snatch at his hand—he dropped it, and when I got hold of it the watch was gone—I accused him of having my watch—he said nothing, and I gave him in charge—there were two women near him, and several persons about—the two women hurried away—I have not seen my watch since—I did not see it in his hand, only the chain.
Cross-examined by MR. O'BRIEN. Q. There was a great crowd on the bridge, was there not? A. There was, on each side of me, and behind me—I did not see the watch at all after I felt something—I had not taken out my watch—it was in my left-hand waistcoat-pocket—there was not a guard-chain to it—there was a brequet chain fastened to it, which was hanging down from the waistcoat-pocket—there might have been fifty women round there.
ROBERT FITZGERALD (City policeman, 639). I was on duty, and saw a crowd round the prosecutor, and he had the prisoner by the collar—he gave him in charge for stealing his watch—the prisoner denied it, and called him a false man for saying so—I took the prisoner to the station.
JURY to FREDERICK DRAPER. Q. Can you swear it was your chain you saw? A. I can, and in the prisoner's hand.
GUILTY .* Aged 20.— Confined Twelve Months.
MR. CLERK conducted the Prosecution.
EDWARD HITCHCOCK . I keep the George, at Bankside, Surrey. On 24th June the prisoner came with another man, about a quarter before 12 o'clock in the day—the prisoner asked for a pint of porter—he gave me a shilling—I gave him 10d. change—I put the shilling into the till, where I had only a half-crown—the prisoner remained for a minute, or a minute and a half, and then went away—in about a minute afterwards a person came in, and I went to the till, and saw the shilling was bad—all the money I had taken in the
meantime was a 41/2 d.-piece—I took the shilling out of the till—I bent it, and put it on the mantelpiece—the prisoner came again, in about half an hour, with the same man—he asked for a glass of porter—the other man had half a pint—the prisoner gave me another shilling—I took it up, and said, "This is bad"—he said, "Is it?"—I said, "Yes, and you gave me a had one half-an hour ago"—he said he had just taken it of a gentleman he worked for, at a soap-factory—the other man went out, and I sent for an officer, and gave him the prisoner in charge, and the two shillings.
Prisoner's Defence. I earned the money at a soap-house.
GUILTY . Aged 23.— Confined Six Months.
MR. RYLAND conducted the Prosecution.
HENRY HUTCHINSON HOWE . I am a comedian. On 23rd June I was at Vauxhall-gardens—between 10 and 11 o'clock at night I was near the Rotunda—I had a watch, chain, and key, when I entered—there was a great rush, and I suspected I had been robbed, because I saw an individual, who had been near me for a quarter of an hour, suddenly go; but having a child, I could not attend to it—I had noticed that person for twenty minutes—I believe the prisoner is the person, but I would not swear to him, because he had then mustachios, which he has not now—I put my hand to my pocket when I got inside, and missed my watch and chain—I heard nothing about my watch that evening—on the Wednesday evening sergeant Goff showed me my watch, chain, and key—they were what I lost on that Monday evening—these are them.
Cross-examined by MR. MBTCALFE. Q. Do you know the watch by anything particular? A. By the maker's name, and the number, and its general appearance; I got the name and number from the maker after I lost it—here is a slight crack on the face of the watch—as near as I can recollect, when I last looked at my watch that night, it wanted a quarter to 10 o'clock—there were a great many persons—I had had the watch about nine months.
CHARLES BURGESS GOPF (police-sergeant, L 7). I was in Vauxhall-gardens on Monday evening 23rd June—I saw the prisoner in custody of Hayes, by the side of the barrier, between 10 and 11 o'clock—I desired Hayes to search him—the prisoner then put his own hand into his pocket and took out this watch, and was about to put it on the stand—I took it from him, and said, "Is this yours?"—he said, "Yes"—I said, "Has it any name or number on it?"—he said, "No"—I found there was both—I saw Mr. Howe on the Wednesday evening and he claimed it—I have known the prisoner for about a month before—his appearance is just the same as it was.
MAURICE HAYES (policeman, L 96). I was in Vauxhall-gardens on Monday evening, 23rd June—the prisoner was given to me by Mr. Crossley, about half-past 10 o'clock—I saw a small penknife drop from him—I took him to the barrier.
NOT GUILTY .
MR. RYLAND conducted the Prosecution.
JOHN JACKSON CROSSLEY . I was at Vauxhall-gardens on Monday evening, 23rd June—I had a watch, a chain, and a key with me in my right-band waistcoat-pocket—I had a silk guard round my neck, with two knots in it; it had been cut once before—I was near the barrier between 10 and 11 o'clock—I had noticed the prisoner before he pushed against me, but there being a crowd I did not take notice of it—I then felt a twitch—I put my hand to my pocket, and my watch was gone—I turned and seized the prisoner by the collar, and said, "You have robbed me"—he said, "I am a gentleman; I dare you to give me into custody; I have a gold watch of my own"—I said, "I shall try it on at all events"—I seized his right-hand, and he had my watch-chain between his fingers—he dropped the watch and chain—I took it up—I said, "You have not got it now, but you had it a moment ago. "
Cross-examined by MR. BALLANTINE. Q. Were you sober? A. I was as sober as a Judge—I am quite sure I saw the chain in his hand, and saw him drop it—I have not the least doubt about it.
The prisoner was further charged with having been before convicted: to which he pleaded
GUILTY Aged 28.— Transported for Seven Years .
GUILTY . Aged 37.— Confined Three Months.
GUILTY . Aged 14.— Confined Three Months.
WILLIAM CROXFORD . I live in Esher-street, Kennington. On Saturday morning, 21st June, I was standing outside Vauxhall-gardens—I saw two gentlemen together, and the prisoner and another person with him—the person who was with the prisoner spoke to one of the gentlemen, and asked if he wanted a fly—I should say that the prisoner could bear what was said—I saw the prisoner take a handkerchief from the gentleman's pocket and run away with it—I told the gentleman—he ran after him and called, "Stop thief!"—I ran too, and saw the policeman pick up this handkerchief in the way the prisoner had run—I do not know who the gentleman was.
Prisoner. Q. Was I with the policeman when the gentleman came to me? A. Yes.
JOSEPH WILKINS (policeman, L 81). I was on duty near Vauxhall-gardens; I heard a cry of "Stop thief!" and saw the prisoner detained—he was given into my custody by a gentleman, for picking his pocket of a handkerchief—I found the handkerchief in the road—the gentleman identified it—the prisoner was with me at that time—the gentleman went to the station and gave the name John Baldwin, 20, Stamford-street—I have not found him since—I have been to two No. 20's, and could not find any such person.
Prisoner's Defence. I was coming out of Vauxhall-bridge-house, and was going down Princes-street; a gentleman stopped me, and said, "Have you got my handkerchief?"—I said, "No, I don't know what you mean;" he
said, "I am given to understand by this young lad that yon have;" I said, "I have not;" the policeman came and took me; it was half-past 2 o'clock in the morning.
GUILTY on the 2nd Count.
The prisoner was further charged with having been before convicted: to which he pleaded
GUILTY.* Aged 22.— Confined Twelve Months.
Before Mr. Recorder.
1549. HARRIET CHISLETT , breaking and entering the dwelling-house of Robert Briden, and stealing a coat, and other articles, value 2l. 5s.; his property: and 1 gown-skirt, and other articles, 2s.; the goods of Maria. Finch: to which she pleaded
GUILTY. Aged 20.— Judgment Respited.
JOSEPH GOODMAN . I live in Wenlock-road, City-road. I was in Lower-Marsh, Lambeth, about 8 o'clock on a Saturday evening—I do not know the day—I was looking at a man selling glass pins—I felt my pocket shake—I felt, and my handkerchief was gone—I looked round, and saw the prisoner throw it from his hand on the ground—I did not tell the Magistrate that I saw the prisoner draw his hand from my coat-pocket—they took down what I said, and read it to me—it was correct—(the witness's deposition being read, stated—"I saw the prisoner in the act of drawing his hand from my coat pocket with my handkerchief in it")—I did not see him take his band from my pocket with the handkerchief in it—I saw him drop it—I caught hold of him, and gave him in charge—he said he did not take it from me.
HENRY HODSON (policeman, L 89). I saw a crowd in the Lower Marsh, on 7th June; the prosecutor charged the prisoner with stealing his handkerchief which he produced—I took the prisoner to the station—on the way there he denied it—I had seen the prisoner six or seven times before, in company with several well known young thieves, in the Lower Marsh.
GUILTY .* Aged 16.—The prisoner was further charged with having been before convicted: to which he pleaded
GUILTY.— Transported for Seven Years .
Before Mr. Common Serjeant.
GEORGE SMEATON BUDDEN . On 24th June, I saw a crowd at the corner of Gibson-street, Lambeth, about a quarter-past 11 o'clock at night—I went to see what it was—it was a man in a fit—I had not been standing there more than two or three minutes when I felt a twitch at my left-hand waistcoat pocket, in which I had a silver watch—I looked down and saw the prisoner's hand coming away from my waistcoat pocket, and my guard hanging down my person—the guard had been round my neck, and in my pocket—it was still round my neck, but not in my pocket—I caught hold of the prisoner's hand, and told him he had stolen my watch—he said I must be a very wicked man for saying so—I saw him put one of his hands at the back of him, and one hand up to his shoulder, and I saw a boy run from behind him—there was a policeman minding the man in the fit, and I gave him the prisoner in charge—I have, not seen my watch since—I went after the boy, but there were so many companions round him that I could not get him.
Cross-examined by MR. O'BRIEN. Q. I suppose there was a great crowd round the man in the fit? A. Yes; I saw the prisoner's hand come from
my pocket—there were not persons at the back of me—I saw the boy run from behind after the prisoner had got the watch—he might have been there before—I seized the prisoner immediately, and the policeman came immediately from the man in the fit—this is my silver guard chain—it was not broken; it was unscrewed when I found it—I had been in the crowd two or three minutes—I had not taken out my watch in the crowd—I felt it just before I went in—the prisoner was on my left side—the boy was standing behind him.
JANE M'KENZIE . I am the wife of Robert M'Kenzie. I was in the crowd, in Gibson-street—I cannot say rightly that I saw the prisoner there—I do not know the prisoner—I saw somebody take the watch out of the pocket, and wrench it off—I saw the prosecutor catch hold of a man beside him—I cannot say that it was the same man who took the watch—I do not know who it was took the watch—this is my signature to this deposition.
Q. Did you say "I was standing in the crowd by the side of the last witness—I saw the prisoner take the watch out of his pocket, and the last witness collared him?" A. I saw some person take the watch.
MARY ARMSTRONG . I am the wife of William Armstrong; he is a coppersmith. I did live in the same house with Mrs. M'Kenzie—I was in the crowd, and saw the prisoner at the bar take the watch out of the prosecutor's pocket—I never saw the prisoner before—I am quite sure he is the person—the prosecutor collared him—after the watch was taken from the prosecutor's pocket I saw it pass into the hand of a boy I believe, but I did not see his face—he was a short person—he appeared to me to be about sixteen—he stooped his head down, and ran out of the crowd.
Cross-examined. Q. Where do you live now? A. At Stratford, on this side West Ham—I have lived there one week—I lived before at No. 43, James-street, New Cut—I was in the crowd standing next to the prosecutor—Mrs. M'Kenzie cried out—I said I saw him take the watch—that was at the time the prosecutor had hold of him—I should say there were hard upon 200 persons in the crowd—Mrs. M'Kenzie was close to me, and had as good an opportunity of seeing as I had—I cannot say how the prisoner was dressed.
COURT. Q. Did you see the policeman come? A. Yes; the prosecutor gave the same man in charge that had taken his watch.
RICHARD JOURLE (policeman, L 163.) I was at that crowd where the man was in a fit—I heard the prosecutor call out—I went up, and found the prisoner in his custody—he had hold of his hand—I saw a boy run away—I made a grasp at him myself—I took the prisoner into custody—I afterwards found this ring of a watch at the spot where the prosecutor and the prisoner had stood.
The prisoner was further charged with having been before convicted; to which he pleaded
GUILTY.* Aged 20.— Transported for Ten Years .
Before Mr. Common Serjeant.
GUILTY . Aged 18.— Confined Three Months.
June, about 7 o'clock, I was in my shop, and saw the prisoner walking up and down by my door—I watched him till about 9, when Mrs. Butler came in; and in consequence of what she said, I missed a coat off a block that was at the door—I had seen it safe a minute before.
Prisoner. Q. What was I doing, for the two hours? A. Walking up and down with another man.
ANN ELIZABETH BUTLER . I am the wife of John Thomas Butler. On this Saturday night, about 9 o'clock, I saw the prisoner and another man outside Mr. Parka's door—I saw the prisoner put his hand behind the block, and unbutton the coat off it—the other man then took the coat off the block, and they both ran away together—I told Mr. Parks.
Prisoner. Q. How far off were you? A. Five or six yards, across the road, at a butcher's shop—the front of the coat was turned towards the wall, and you put your hand behind the block—the man with you turned up the sleeves, whipped it off the block, and put it under his jacket.
JOHN THOMAS BUTLER . I was with my wife, and saw the prisoner and another man lurking about Mr. Parks's door—the prisoner put his hand behind the coat, and began to unbutton it—I went for a policeman—I am positive the prisoner is the man—I had known him well, and seen him up and down Lambeth-walk every night for a fortnight.
Prisoner. Q. What do yon know of me? A. By seeing you every night at other clothier's shops—I watched you once for half an hour, at Mr. Lawrence's, the clothier.
GUILTY .*† Aged 20.— Confined Eight Months
GUILTY . Aged 20.— Confined Twelve Months.
SAMUEL MANN . I lived in Murray-street, Bermondsey. On 20th June, at 12 o'clock at noon, I was walking along Duke-street, Borough, and in consequence of what a boy told me, I missed my handkerchief, which was safe five minutes before—I went back with the boy, and saw my handkerchief in another person's possession, who gave it to a policeman, who was close by—this is it (produced)—I saw the prisoner Hill there.
Bullpit, Q. Did you see me there? A. No.
THOMAS CONNELL . I am a Customs-officer. On 20th June, I was in. Tooley-street, and saw all the prisoners together, about a quarter-past 11 o'clock—I watched them, and in consequence of what I saw, I went for a policeman—when I came back I saw Hill lay hold of Mr. Mann's coat-tail, and the other two were close to him—a cart passed, and prevented my seeing what was done with the pocket—I afterwards saw Hill throw this handkerchief away, and they all three ran under Tooley-street archway—I ran after them—Hill was caught by another man, and I gave him in charge—I then caught Bridget; he struck me and got away, and a policeman caught him—I saw a man pick the handkerchief up, and give it to the police—I afterwards, on the same day, saw Bullpit, and said to him, "You are the one that ran away from me this morning"—he said he was not—I said I was certain of it—he said, "I am done;" and I gave him into custody.
CHARLES LONG . I am an officer of Customs, I was with Mr. Connell, and saw all the prisoners on the opposite side of Tooley-street, standing against the fence—when Mr. Mann passed, they followed him, and I saw Hill extract a handkerchief from his pocket—the other two were as close behind
him as they could be—Hill threw the handkerchief under a cart, Bullpit went down Joiner-street—Hill was walking away, when a person seized him, and Bridget made away down Tooley-street.
Cross-examined by MR. O'BRIEN. Q. Were you on a different side of the street to Mr. Mann? A. Yes; when he passed the prisoners—I do not know that there were any carts passing.
RICHARD LANE (policeman, M 129). I saw Bridget running, ran after him, and he knocked off my hat; he was stopped by some one else, and I took him—it was said that he was one of the parties, and he said he was not.
BULLPIT— GUILTY . Aged 16.— Confined Six Months.
BRIDGET— GUILTY . Aged 22.—He was also charged with having been before convicted: to which he pleaded
GUILTY.— Confined Twelve Months.
MR. METCALFE conducted the Prosecution.
HENRY MASON . I am clerk to Mr. Keef, builder, of 13, Smith-street, Grosvenor-square. In Jan., he was in Mr. Granger's debt, and on 18th I paid the prisoner 20l. 12s. for Mr. Grainger—on 23rd June I paid him a further sum of 19l.—he wrote, and gave me these receipts (produced)—on 28th June, Mr. Grainger came for the amount of his account—I told him I had paid the prisoner—the prisoner was afterwards brought into the office, and I produced these receipts—he then said he acknowledged receiving them.
Cross-examined by MR. CHARNOCK. Q. Did you know him before? A. Yes; there is no doubt about his being the person.
HENRY GRAINGER . I am a hair and glue-merchant. Mr. Keef is a customer of mine—the prisoner was in my employ, as commission-agent—I allowed him so much per ton on what he sold, and he had to collect money for me—I employed him to collect Mr. Keef's debts among others—he has not accounted to me for 20l. 12s. received from Mr. Keef on 18th Jan., or for 19l. on 23rd June—he ought to pay me the money on the same or next day, as he receives it—I did not allow him to retain money in his hands at all—on 27th June, I asked him whether he had received the money from Mr. Keef, and he said, "No"—the next day I drove with him to Mr. Keef's, and left him in the gig while I went in—I came out, and said to him, "You have been robbing me, you rogue, get down off that gig"—he turned all manner of colours; came down, and went in before Mr. Keef's clerk, and I said "Here is my commission man, and he says he has received no money"—he denied it till he saw the receipts, and then he said "I own I have. "
Cross-examined. Q. Was he then sober? A. He was a little the worse for liquor—he is married, and has two or three children—he has been receiving money for roe for two years—during that time he has paid me some hundreds of pounds—he had 10s. a ton on what he sold—he had nothing besides—sometimes he got 2l. or 3l. a week, sometimes 5l., sometimes 1l.—I had no running account with him—I have never allowed him to receive money and not pay it over for a week or ten days—there was no money due to him on 23rd June—700l. or 800l. has passed through his hands in those two years.
GUILTY . Aged 38.— Confined Six Months.
ADJOURNED TO MONDAY, AUGUST 18 TH 1851.