Old Bailey Proceedings, 27th October 1851.
Reference Number: t18511027
Reference Number: f18511027

CENTRAL CRIMINAL COURT.

MUSGROVE, MAYOR. TWELFTH SESSION.

A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—An obelisk (†) that they are known to be the associates of bad characters.

LONDON AND MIDDLESEX CASES.

OLD COURT.—Monday, October 27th, 1851.

PRESENT—The Right Hon. the LORD MAYOR; Sir JAMES DUKE , Bart. Ald.; Mr. RECORDER; Mr. Ald. MOON; Mr. Ald. CARDEN; and Mr. Ald. CUBITT.

Before Mr. Recorder and the First Jury.

Reference Number: t18511027-1831

1831. JOSEPH DILLNUTT , was indicted for wilful and corrupt perjury: to which he pleaded

GUILTY . Aged 20.—Recommended to mercy.— Confined One Month.

Reference Number: t18511027-1832

1832. ALEXANDER GORDON JOHN BISHOP , wilfully and maliciously subscribing a false declaration before a Magistrate.

NOT GUILTY .

Reference Number: t18511027-1833

1833. FREIHERR VON FOSTER , stealing 3 20l. Bank-notes; the property of Wilhlem Peter Jourdan; in the dwelling-house of Thomas Quartermaine.

MR. PARRY conducted the Prosecution,

(The evidence was interpreted to the prisoner.)

WILHELM PETER JOURDAN . I a ma native of the Duchy of Oldenburgh, and am a merchant. I know the prisoner—I do not think he understands English—from 24th to 29th Sept. I was staying at Mr. Quartermaine's, the York Hotel, Bridge-street, Black friars—on 26th Sept. I changed this check (produced) for 124l. odd at Messrs. Glyn's, and received six 20l.-notes, and some gold and silver, I took the number of the first note—here is my memorandum of it, "No. 24769, July 9th"—the other notes were consecutive numbers, so I did not take them down—I went home in the same cab I had gone in, and locked them up in my trunk—I saw the prisoner in the coffee-room next day (Saturday)—on that morning, about 8 o'clock, I took the notes out, and enclosed them in a large envelope—I found them in the same state as I had left them—in the evening I was at the Argyle-rooms, from 9 till half-past 11—I met the prisoner there soon after I went—he came up and said he believed we lived in the same hotel together—he said he was a native of Baden, in the military service—he did not tell me his name—I said I thought the hotel must be very full, as they had at first given me a room very high up in the house—he said he had been in the same way; he had his second room now, and asked me what the number was of my room—

I told him it was No. 17—he said we were very close together, he had No 14, and he would come up to my room next morning about 6, because I had been telling him he got up very late in the morning, as I saw him about 2 in the day taking his breakfast and coffee—I said it would be of no use to come to my room at 6, for he would not find me there at that time—I do not recollect that I told him I was not going home that night—I think I saw him there when I left—I got to the hotel next morning between 6 and 7, and went to my trunk to get a book, to lay down a few hours to read—the trunk was disturbed—I could not find the book which I had put on top of my trunk; it was locked, but I found some difficulty in opening it, which I had not noticed before—I was lying down reading—I got up between 9 and 10—I then went again to my trunk to get the notes, and take the numbers of all of them—I missed three 20l.-notes, but can only tell the numbers of two, which were 24773 and 24774—those were two of the six I got from Glyn's bank, the other four were all right—I bad other notes there—I remained in my room some time—at 10 o'clock I sent for Mrs. Quartermaine, she came to my room at once—it might have been between 11 and 12 when I went down-stairs—I met the prisoner coming up-stairs; I only bid him good morning—he said he had been to an apothecary's shop, and got some medicine for his leg—I saw him again on Monday morning in the coffee-room—I was afterwards obliged to go to Germany, and have been fetched from Germany as a witness—a sergeant of police was sent to insist on ray coming.

Cross-examined by MR. WOOLLETT Q. Are you a general merchant? A. I am a merchant established on the west coast of Africa, trading to that coast—my transactions are moderately large—I received change for the check on the 26th; I did not miss the notes till the Sunday morning—I do not think I had commercial transactions during that interval—I am not quite sure—I received the notes about 11 or 12 o'clock on Friday morning—I bad no commercial transactions after I received them; I may have bad on the Friday morning before I received them—I think I received some money from a party here, it may have been before or afterwards, it was on the same day—that money also consisted of notes; I cannot say the numbers of them—I counted the notes when I received change for the check, but I only took the number of the first—I took it in the cab on the way from Glyn's—I did not take the other numbers, because I found I could not write in the cab—the memorandum is in pencil—I do not know whether I had other notes and money in my trunk when I put them there—I went to my trunk on Friday afternoon, to put in a few sovereigns which I had in my pocket—I am quite certain I locked my trunk—I did not miss any gold—I did not count the few sovereigns I had left—I had more than 300l. in my trunk—there was about twenty or thirty sovereigns, and the rest in notes—I know I had 20l. in gold; I did not count it afterwards, and did not miss any—if there bad been 5l. or 6l. missing I should not have known it—I did not tell the prisoner at the Argyle-rooms that I had any money—I am quite certain I lost three 20l.-notes—I had looked at the notes to see the number of each, and seeing they were consecutive I took the number of the first—I had counted them at first.

WILLIAM THOMAS . I am cashier at Messrs. Glyn's. I cashed this check—I do not remember it, and can only prove it by my book—these entries are in my writing—I know the check by the cancelling—I gave six 20l.-notes, Nos. 24769 to 24774, dated 9th July, 1851, and 4l. 2s. 10d. in money—I do not remember to whom I paid it.

Cross-examined. Q. Is it your custom to take down the numbers of the

notes as you pay them? A. Yet; there it not a separate entry for each note, not when they are running numbers, new notes; but the next 20l.-note I paid was the following number, 24775—we never enter them so, except when we have them in sets, new notes from the Bank—I should imagine we had these from the Bank of England—I have no doubt I counted them, it is my custom—I count them previous to copying them, and then count then afterwards.

GEORGE LOWEN . I am night-porter at Mr. Quartermaine's, the York Hotel. The prisoner was staying there—I saw him come down-stairs on Sunday morning, 28th Sept., about 6 o'clock in the morning—he wanted a cab to go to the Exhibition, for a surgeon—I said there was a surgeon down Bridge-street, Mr. Hutchinson—he said, no, he would get one up at the Exhibition—I fetched him a cab—he told the cabman to go to the Exhibition—I did not see him return—I went off duty at 4 in the morning, and was on again at 11—my usual duty would not have led me to be there at 6, but the porter was away.

Cross-examined. Q. Was the house very full at the time? A. I think it was rather full—there were a great many persons—there were no extra servants—there are about twenty in the establishment—the prisoner did not speak with me in English, he had a German, or French and English Dictionary.

COURT. Q. How are you sure he said the Exhibition? A. He said, "Exhibish"—he pointed to the English side of the book, and I saw "Physician for sickness," and I pointed to the word physician, and pointed, meaning that there was one down there.

GEORGE WILLIS . I am a grocer, and live at Armley, near Leeds. On Sunday morning, 28th Sept., about 8 o'clock, I was at Anderton's Hotel, and saw the prisoner in the coffee-room—I saw a 20l.-note in the waiter's band, who said that change was required—I offered to give change—I gave him three 5l.-notes and five sovereigns; the prisoner was about five yards off—the waiter gave him the money into his hand, and pointed to show him that two were country notes, but payable in London—there was a Salop note, a Provincial Bank of England note, a Bank of England note, and five sovereigns—I put the note into my purse—I took it to Mr. Watson, of Chapter-house Court, a boarding-house keeper, having heard that some Yorkshire friends were in the habit of leaving money at his house—I gave him 27l. to keep for me till I returned from France—I am sure I gave him the note I received at Anderton's Hotel—I had only one 20l.-note.

Cross-examined. Q. Were there many persons in the room at Anderton's Hotel? A. I think not more than three, besides the waiter—I took it to Mr. Watson, between 11 and 12 on the same day—I left 6l. or 7l. more with him, in his small room, and retained sufficient for my expenses in France—I returned from France on the Tuesday—I got back my note and money from Mr. Watson, and gave it to Mr. Quick's clerk, of Fenchurch-street, a coffee-merchant—I called at Fenchurch-street, and asked Mr. Quick to send his clerk with me, and I went to Mr. Watson's, and gave the boy the 20l.-note in the room—I had retained about 5l. to spend on the continent—I went by an excursion train—I was only in Paris from half-past 7 or 8 in the morning till half-past 7 or 8 in the evening—I left the London station about a quarter to 8 on Sunday night, and arrived in London again at 11 on Tuesday.

WILLIAM HENDLEY . I am head waiter at Anderton's Hotel. On Sunday morning, 28th Sept., the prisoner came into the coffee-room about a quarter-Past 8 o'clock—he called for breakfast, coffee and eggs—he remained about a

quarter of an hour, and then called the waiter to pay, and produced a 20l. note—Mr. Willis came up to the table and gave me the change; I gave it to the prisoner—I had never seen him there before—he addressed me in rather broken English, but quite enough for me to know what he wanted.

DAVID WATSON . I am a boarding-house keeper, of Chapter-house Court. On Sunday, 28th Sept., Mr. Willis gave me a 20l.-note, and some money, to take care of for him—I put it in my cash-box, wrapped up in paper—my wife afterwards gave it back to him—my cash-box was in my small room.

Cross-examined. Q. Was there any money in the cash-box? A. Yes; but separate from this—I am sure this 27l. was screwed up in a piece of paper.

AGNES WATSON . I am the wife of the last witness. On a Tuesday, in last month, I gave Mr. Willis some money out of my husband's cash-box—I stood over him, and saw him count it—it was 27l.; a 20l.-note and seven sovereigns—it was wrapped up in the note in the cash-box, and I believe there was a little paper screwed up.

JAMES ROBINS QUICK . I am in the employ of Mr. Quick, of Fenchurch-street; my father was his cousin. In Sept., I think it was the 30th, Mr. Willis called, and I went with him to Chapter-court, and received from him a 20l.-note, a 5l.-note, and some other money—I did not take the number of the note; but Mr. Reek, the chief clerk, did—I gave the note to him.

THOMAS REEK . I am chief clerk to Mr. Quick. I remember the last witness going to Mr. Watson's—I took the number of the note: it was 24773, July 9th, 1851—it was paid into Williams, Deacon, and Co., our bankers—I cannot say whether I paid it—money would be paid in there from me in the course of the day.

RICHARD ADYE BAILEY . I am a clerk in the Accountant's-office, Bank of England. I produce a 20l.—note, No. 24773, July 9th, 1851, paid in on Wednesday, 1st Oct., by Williams, Deacon, and Co.—I speak from examination of the ledger—it had been stopped at the Bank, with two others.

FRANCIS JOHN WHEALE (police-sergeant). I took the prisoner at Dobourgh's Hotel, Haymarket, on Wednesday, 8th Oct., in consequence of information I received—it was about 7 o'clock in the evening when he came in—I had been waiting at the hotel for him since 2—I called the interpreter, and told him what I was taking him for—he knew me, because he had seen me before—I found on him a purse, five or six keys, one or two of them broken, and a little instrument which would open almost any small trinket-lock, and this other article, which appears to be a small button-book straightened—the prisoner made no intelligible reply to the charge—I had seen him before the note was traced, on Tuesday morning, Sept. 30th, at the York Hotel—I remember his leaving that morning, there was a cab brought, which he ordered to drive to the Dover Railway.

WILHELM PETER JOURDAN re-examined. The trunk is about three feet long—it is now at the hotel—it was a brass lock, not quite a common one—this is the key of it (producing it).

GUILTY. Aged 25.—Recommended to mercy.

WEALE, the policeman, stated that the prisoner had been passing under false names, at different hotels, from which property had been missed.

Confined Twelve Months.

NEW COURT.—Monday, October 27th, 1851.

PRESENT—Mr. Ald. MOON; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Fifth Jury.

Reference Number: t18511027-1834

1834. MARY ROBERTS was indicted for wilful and corrupt perjury.(No evidence was offered.)

NOT GUILTY .

Reference Number: t18511027-1835

1835. CATHARINE DALEY , stealing a work-box, value 2s.; 8 Sovereigns; and 12l. 9s. 6d.; the property of David Pollock, her master: to which she pleaded

GUILTY . Aged 29.— Confined Four Months.

Reference Number: t18511027-1836

1836. JAMES WILMOTT , stealing 1 coat, value 30s.; and other goods, value 9s. 6d.; the goods of Robert Oram: to which he pleaded

GUILTY . Aged 42.— Confined Two Months.

Reference Number: t18511027-1837

1837. WILLIAM MOORE , stealing 2 newspapers, value 7d.; and 4 sheets of paper, value 7d.; the goods of George Oram , his master: to which be pleaded

GUILTY . Aged 13.— Confined Fourteen Days.

Reference Number: t18511027-1838

1838. ROBERT CASWELL and ROBERT SERJEANT , stealing the money of Warren Stormes Hale: to which

CASWELL pleaded GUILTY . Aged 15.

SERJEANT pleaded GUILTY . Aged 14.

Transported for Seven Years.

Reference Number: t18511027-1839

1839. ANN JONES , stealing 8 pieces of ribbon, value 3l.; the goods of John Wreford and others, her masters.

SAMUEL WHYBRO . I am porter to John Wreford and two others, wholesale haberdashers, in Aldermanbury. On the morning of 20th Oct. I was going down to the coal-cellar, and saw the prisoner—she was employed there occasionally, and was employed that morning—I saw her concealing something away—I let her go up-stairs, and I went to the place where I saw her conceal something, and found half a piece of ribbon—I replaced it, and set a person to watch—I was afterwards called, and saw several more half pieces of ribbon, which the prisoner had got in the cheese-cellar—an officer was sent for, who took the prisoner.

Cross-examined by MR. BALLANTINE. Q. You did not see what she put in the place? A. No; it was nearly dark—I saw her put something.

DAVID BRETT . I am in the prosecutor's service. On the morning of 20th Oct. I was set to watch—I concealed myself behind some baskets—I saw the prisoner come down with a candle in her hand—she looked about to see if she could see any one, and she went and took half a piece of ribbon from the place where it was placed—she unlocked the cheese-cellar door, and went in—I came from the place where I was, and I said to her, "That is sufficient: I have been watching you"—I went to call the last witness, and when I returned the prisoner had distributed these ribbons about—these ribbons were in her apron—she was taking them from her pocket—I saw her putting something into the dust-hole.

Cross-examined. Q. Can you say these are the same ribbons? A. Yes;

these are the same that were in the cellar—they were given to the policeman by Mr. Minton.

ROBERT MINTON . I am superintendent of the warehouse. I know these ribbons—I was called to the cellar by Mr. Dinston, one of my employers—I went to the cheese-cellar, and looked at these ribbons—the prisoner was there detained by the two porters—these are my employers'—the prisoner had been employed as occasional charwoman upwards of twenty years.

GEORGE CURTIS (City policeman, 166). I was sent for to take the prisoner—these eight half pieces of ribbon were given me by Mr. Minton—the prisoner said she was very sorry to think she had done such a thing; it was the first time, and she hoped they would forgive her.

JOHN PRICE . I am warehouseman to Messrs. Wreford and Co. I was at the warehouse at 7 o'clock that morning—the prisoner came there as a charwoman—I left the place to go to breakfast—I left the prisoner there, cleaning a stove.

GUILTY. Aged 59.—Recommended to mercy by the Jury.Confined Fourteen Days .

Reference Number: t18511027-1840

1840. JOHN GOODENOUGH , stealing a box and 3 sovereigns; the property of William Pickett, from his person.

WILLIAM PICKETT . On Monday, 13th Oct., I received a 5l.-note for wages—I changed the note, and bought a new pair of trowsers, a jacket, and waistcoat—I put the money into a tobacco-box in my trowsers pocket—I know the prisoner—I met with him, and we went to a public-house, and had some beer, which I paid for—I had some money besides the sovereigns which were in the box—I wanted to go to Egham, but the prisoner took hold of my arm, and took me to Staines—we went to a beer-house there, and had more beer—the prisoner paid for some, and I paid for the rest—I opened my tobacco-box, and took out one sovereign, which I changed with the landlord—the prisoner was then by—I then had three sovereigns left in the tobacco-box, they were wrapped in blue paper—I then went to sleep in the tap-room—the prisoner was there when I went to sleep—I was not sober nor drunk—just before I went to sleep I felt the prisoner put his hand into my pocket—I was not sound asleep, and I felt his hand in my pocket—when I awoke up my tobacco-box was gone—I slept at the house—the prisoner took me up to bed—I was rather drunk by that time—the prisoner would not sleep in the same room that I did—I saw him the next morning—I spoke to him about my money—he said he had not got it, and should not give it me—the young woman at the public-house gave me 15s. 1d. just as the prisoner was coming down-stairs—he did not see her.

Prisoner. I asked you if you would have any beer, and you came and drank; then you had some beer, and there was a quarrel; they said you had not paid for it. Witness. There was no quarrel—we had three pots of beer—I believe I paid, but I was so in liquor I did not know.

EMMA GOULD . I am servant to Mr. Purser, who keeps the beer-house. The prisoner and the prosecutor came there about half-past 7 o'clock that night—neither of them were sober—they bad a pot of beer, and some beefsteaks were sent for—the prisoner paid for the first pot of beer and the steaks—the prosecutor changed a sovereign, which he took out of a tobacco-box, and I saw the corner of a blue paper—my master gave him 18s. change, in my presence, which he put into his trowsers pocket—the prosecutor showed me three sovereigns in the blue paper at the bar-door—the prisoner and the prosecutor went out of the kitchen into the tap-room—I afterwards went into

the tap-room, where they were, and they were sitting together—the prosecutor was asleep, and I saw the prisoner's hand in his pocket—I said it was not the thing that was right; and the prisoner told my master that he was the prosecutor's brother, or my master would not have let him do it—the prisoner afterwards came into the bar to take some more beer, and he took out of his pocket 15s. 1d., which he told me to take care of—I told him he had some sovereigns belonging to the young man—he showed them to me, but he would not give me them—he had the blue paper in his hand, and the sovereigns were in it—he put two sovereigns into his watch-pocket, and one into his trowsers-pocket, wrapped in the blue paper—he then went out—he came back again, and helped the prosecutor to bed—in the morning the prosecutor complained of his loss, and my master advised him to have a policeman, and the prisoner was taken.

ROBERT LEIGH (police-sergeant, T 7.) On 14th Oct. the prisoner was brought to the station—he was charged with stealing a tobacco-box and three sovereigns from Pickett—he denied it—he was searched, and 1s. 2 1/2 d. was found on him, and two knives, and this bag—I went to Mr. Pursey's beer-house—I found this tobacco-box concealed between the rafters of the privy, but nothing was in it.

WILLIAM PICKETT re-examined. This is my tobacco-box, and was in my trowsers-pocket, and the sovereigns were in it.

Prisoner's Defence. We were drinking together; if there were any sovereigns it was more than I knew; the servant asked me to give her the money to keep till the morning, and I believe I did so; I believe there were some more drinking with us, but I do not know them.

GUILTY . † Aged 21.— Confined Twelve Months.

Reference Number: t18511027-1841

1841. JAMES PATTISON , stealing a pair of shoes, value 7s.; the goods of William Stone.

STEPHEN MASTERS (policeman, T 199). I apprehended the prisoner on 24th Oct., at Chesham, in Buckinghamshire—he had these shoes on his feet—he said he had borrowed them of Mr. Stone.

Prisoner. Q. What did Mr. Stone say about the shoes when I came back? A. He said you stole them out of his shop—he said he had lent them to you, but you returned them about five weeks ago—he said he never missed them till the 23rd, and he applied for a warrant the next day.

WILLIAM STONE . I am a shoemaker, and live at Uxbridge. These are my shoes—I had them on my counter about five weeks before this transaction—I afterwards missed them—the prisoner worked for me—I do not know that I had seen these shoes for five weeks—I went to the prisoner's lodging, but I could not find him—I had seen him pass my shop the day I missed the shoes—he had borrowed the shoes of me while his own were being repaired—he brought them back, and put them on the counter, and I put them on the shelf—I did not lend them to him again.

Prisoner. Q. Did I not borrow them again after I brought them back? A. No; I was obliged to tell you several times to bring them back.

Prisoner. When I first had them it was in July, when I had a bad leg. Witness. I did not know you had a bad leg—you told me you were repairing your own shoes.

NOT GUILTY .

Reference Number: t18511027-1842

1842. THOMAS RICHENS , stealing a gelding, price 10l.; the property of Richard Tunks: to which he pleaded

GUILTY . Aged 38.— Confined Six Month.

OLD COURT.—Tuesday, 28th, October, 1851.

PRESENT—Sir JAMES DUKE , Bart., Ald.; Mr. RECORDER;. and Sir WILLIAM CUBITT , Knt., Ald.

Before Mr. Recorder and the Second Jury.

Reference Number: t18511027-1843

1843. DAVID COLE , stealing 16 handkerchiefs, 2 dusters, and other articles, value 17s. 9d.; the goods of James Boreman, his master.

MESSRS. BODKIN and. HUDDLESTON conducted the Prosecution.

GEORGE RUSSELL (City policeman, 34). In consequence of a communication made to me on 17th Sept, I went to 127, Leadenhall-street, where the prosecutor carries on business—I afterwards went to No. 115, in the same street, where the prisoner resided—I there found these two dusters, these two cambric handkerchiefs, five silk handkerchiefs, two pieces of cloth, a cake of soap, and a purse—I then went back to Mr. Boreman's—I found the prisoner there, and showed him the things I had found—I showed him these two dusters first, and asked how he came in possession of them—he said, "I don't know"—I had previously told him I was an officer—he knew I had been to his place—he had given me permission to search his place—I had seen him before I went there, and had a little conversation with him—he was living in a house of Mr. Boreman's partner—I then asked him if they were his own—he said, "They are mine"—I then showed him this blue silk handkerchief, and asked how he became possessed of that—he said, "That I bought of a man in the street"—I asked what his name was—he said, "I don't know"—I asked when it was—he said, "I don't know"—I asked what street it was in—he said, "I can't tell"—I then showed him the other three silk handkerchiefs—he said be bought them of the same man, at the same time, and also the cambric handkerchiefs—I showed him the two pieces of cloth—he said his wife had bought one; at least a woman of the name of Taylor had brought or bought one of them, and the other he knew nothing of—I did not ask him about the purse—I told him his master charged him with stealing the whole of these goods—he did not make any answer—I afterwards returned to No. 115, and then found the cake of soap—I had previously seen it in the box, but did not then take it away—I did not show him that.

Cross-examined by MR. O'BRIEN. Q. Did you go to the house alone? A. No; Mr. Boreman went with me—I found the prisoner's wife there, in the top room, a sort of kitchen and bed-room—the lower part of the house is occupied by different gentlemen as offices—I believe the prisoner's wife was housekeeper—she cleaned out the offices—I asked her where she got the dusters, not in the prisoner's presence—I did not bring away the handkerchief and soap the first time—I had seen the soap, on the first search—I do not think Mr. Boreman saw it—I put it on one side, not thinking it of any consequence—he was looking into the box while I was searching—I found it in the same place when I went back—the box was in the bed-room, and was unlocked—Mr. Boreman and Mr. Hickey, his partner, were present at the conversation I had with the prisoner—I did not tell him in what part of the house I had found the things—I asked him how the dusters came into his possession—I had a particular reason for putting that question—my next question was, "Are they yours?"—I put that question because he answered doubtfully; it was a sort of evasive answer—I am in the habit of asking questions in cases of this sort, because, if they can explain how they come in possession of the property, I should not take them into custody—I did not

produce all the articles together, because, in my judgment, it was not proper—there was 150l. or 200l.'s worth of property gone—I wanted a satisfactory account of the articles—I was not in my police dress, but I had told him I was a policeman—I saw nobody but his wife, and a little girl, eleven or twelve years old, nursing two young children; but she was not in the room—the dusters appear to have been washed and hemmed.

COURT. Q. What sort of box was it that you found the things in? A. In a box where his own clothes and his wife's were kept—they were mostly his wife's things.

JAMES BOREMAN . I am a ship-broker, carrying on business at 127, Leadenhall-street; I formerly occupied premises at No. 3 in the same street, and carried on business as an outfitter there. The prisoner was in my employment as porter, at No. 127—he assisted in removing the goods I bad at No. 3 to 127—they were packed in boxes, tied round with rope, and some of them were locked; they were put in the counting-house at No. 127—I did not live at the counting-house; I lived at Southampton—the prisoner had the keys of the counting-house after the clerks had left; he had them during the night—Mr. Hickey, my partner, has a house at 115, Leaden-hall-street; the prisoner was allowed to live there—on 17th Sept., I missed some of the articles—I had missed some about a month before—the goods were removed from the one house to the other; last May, I think—the first I missed was in Aug.—the amount I missed on 17th Sept. was about 150l., perhaps more—the box from which they were taken appeared to be exactly in the same state, corded and locked—I gave information to Russell—these handkerchiefs are like many that I had in stock, both as regards the quality, the hemming, and the fold—this is one that was found in his room, and this is one that I had remaining in the box, which is precisely the same in quality and hemming—this (produced by the officer) is the one from the stock; they correspond in texture and fold, and in the borders—I have some dusters in stock the same as these; I have missed two of them, and only two—there were two dozen packed away in this box, tied up in dozens with pink tape—one of the dozens had been unfastened, and two dusters have been taken away from them, and these correspond precisely with those remaining in hemming and border, they are rather peculiar—these silk handkerchiefs have been washed—I could not exactly swear to them; they are precisely like those I had in the box—the cambric handkerchiefs have been washed; they were kept in stock washed, and ready for use—they are just as they were taken from the stock; they are folded precisely the same; it is an unusual way of folding them—this blue silk handkerchief is worth 8s. 6d.—I missed dozens of handkerchiefs like that—this piece of soap matches precisely with some I have in stock—it is marine soap, a peculiar description, made for washing in salt water, which outfitters usually keep, and is made by a person in the Strand—I produce some, which is precisely the same—they are done up in bundles of three—this bundle has two left in it—this other piece, was, no doubt, taken from it—I only miss one cake of soap—this piece of cloth I have no doubt was taken from that box—I had a dozen pieces there; they are all gone, with the exception of one or two—they are cuttings of cloth which we use in the outfitting—they were rolled up in a bundle in the box—I had numbers of purses among my goods, of this and other sorts.

Cross-examined. Q. Was the prisoner in your service while you were an outfitter? A. No; he had been in my partner's service—I had all these articles as an outfitter while we carried on business—I think the prisoner had been eighteen months in my partner's service before he entered mine—I had a partner in the outfitting business some time back, a Mr. Hiron, but

not at that time—he ceased to be my partner last Dec., three or four months before the removal of these goods—about two or three weeks before the loss I had packed these goods into the large box in Leadenhall-street—I first missed a few goods, but could not lay the charge on the prisoner, or any one else; and I put the remainder of the stock into this large chest, about three weeks before I discovered the loss—they were removed in May, in a number of small boxes—I did not take stock of them, or enter them in any book—it is a matter of memory with me, and certainty as well—I did not take the goods out of the small boxes; I put the boxes all into the large chest, and roped it; and when I opened the large box, I discovered them packed precisely as I had left them, but nearly all empty—there might be seven or eight small boxes there; I cannot say exactly how many; but I know they were all empty, or very nearly so—I should think there were about half a dozen, there might have been seven—they were full when I put them into the large box—I put them in myself—I could not tell what quantities were in each box; there were two or three, or three or four dozens—they were kept in the counting-house—there are two clerks—there is no housekeeper there—a Mr. Davis lives in the upper part of the house—he is a pickle merchant—he has one servant—he has the first-floor, over the shop—there is a shop below, but it has no intercourse with the house at all—Messrs. Maynard and Harris keep the shop—this is the cambric handkerchief that was taken from my stock; I took it out myself—it was either this or the other that I first spoke to as coming from my stock—this is the one I got from the policeman—I did not before I got that show one to the Jury as taken from my stock—there is no private mark on the handkerchiefs—I bought them of a wholesale house in the City—I may have had them in my possession for a twelvemonth—I have not sold a large quantity of these—I have not sold any of these; they were in dozens—I have sold handkerchiefs corresponding, but not corresponding with the border—it is a particular border, a wide border—I will not swear I have not sold any—it is a very particular border; it was not made for me specially—I go by the folds, the quality, and the way it is put up altogether—I do not say it is a very particular fold, it is the way we have kept them all—that is the way I used to keep them—I had two dozen dusters—I have one dozen and ten of them; they have been washed and hemmed, and they have a particular border, and a wide hem—I got them from a wholesale house—I dare say they sell to other houses—I dare say other wholesale houses keep and sell them—I never sold dusters of this kind but once; it is a thing I very seldom sell; I had an order for them, and sold them all to one party, and these were two dozen left on the piece.

MR. HUDDLESTON. Q. Had you these dusters hemmed in your establishment? A. Yes; I do not buy them hemmed—the two dusters produced from the prisoner's house have been washed, that has caused them to shrink a trifle—with that difference they exactly correspond with the bulk; they are rather paler in colour from the washing—two are missing out of the two dozen—I am certain these articles were safe in the small boxes when I put them into the large one—I should say that all the things that have been produced to-day were then safe—I had no catalogue of the things—at the time we disposed of the business—they were packed up and put away, while I was residing at Southampton, till I had an opportunity of shipping them—my present partner has not been an outfitter—the persons in the shop had no access to my premises—my premises were always locked up at night—there was then no communication from either up-stair or down-stairs.

COURT. Q. When did the prisoner come into your service? A. When I joined Mr. Hickey, which would be in Jan.—he was in my service at the time the goods were removed—I kept the key of the counting-house—I kept the key of the large chest myself—there must have been a false key used to open it—I found it locked in the morning when I discovered the loss, precisely as I had left it—the small boxes were not locked—they were what were used generally in the shop to put handkerchiefs and things in; they were merely put into the boxes and shut down; they were pasteboard boxes; they were not corded—the large box that contained them was corded strongly—I found it corded and locked at the time I missed the goods—these dusters were sent out to be hemmed—I do not know by whose hand they were hemmed. (The prisoner received a good character.)

GUILTY . Aged 32.— Confined Twelve Months.

Reference Number: t18511027-1844

1844. EDWARD EVANS , stealing a 1,000l. and two 200l. bank-notes; the moneys of Henry Hoare and others, his masters: to which he pleaded

GUILTY . Aged 44.— Transported for Seven Years.

Reference Number: t18511027-1845

1845. EDWARD PITTARD , feloniously forging and uttering a warrant for payment of 3l. 7s. 6d.; with intent to defraud William Lyal: to which he pleaded GUILTY.* Aged 29.— Confined Six Months.

He also pleaded guilty to three other like charges.

Reference Number: t18511027-1846

1846. EDWIN LOW, EDWIN JAMES , and DAVID POWELL, alias Doland, feloniously assaulting James William Fletcher Blackwell, with intent to rob him.

MR. RYLAND conducted the Prosecution.

JAMES WILLIAM FLETCHER BLACKWZLL . I am a gold dial painter, of 3, Percival-street, Clerkenwell. Early on Sunday morning, 21st Sept., about I o'clock, I was in the Lower-road, Islington—I was rather the worse for liquor—I could walk, see, and understand—one of the prisoners came up to me, and asked me for some halfpence for some beer—I gave him some, and he left me—I am sure it was one of the prisoners, but cannot say which—I turned down Duncan-street, to avoid going past the Angel, at Islington; and had not proceeded many yards before the prisoners came up behind me, caught hold of me by my shoulders, and round my body and arms, and put their hands in my trowsers pockets—I turned round and struggled with them—I knocked one of them down; I cannot tell which—I then called out "Police!" and was knocked down—they did not get the money from my trowsers pocket, because I doubled myself up and prevented them—I had a ring on the third finger of my left hand; they cut the finger it was on in endeavouring to get it off; they did not get it—the police came up and the prisoners ran away—the policeman ran past me—the prisoners were all brought back in a minute by the police—I am quite sure they are the same men.

Cross-examined by MR. BALLANTINE. Q. Where had you been to? A. To the Southgate-road, to a friend in New market-terrace—I was tipsy—I cannot swear which of them it was spoke to me in the Lower-road, but I am positive it was one of the three, because he had hardly got out of my sight—I am sure there were more than two—there was one on each side, and one in front, who was trying to get the ring off; I cannot tell which that was, it was dark, and I was struggling with them—the one who I threw down was brought back covered with dirt—I think it was James I threw down, but cannot positively swear—there is a mark on my finger, which shows when my hand is cold.

MR. RYLAND. Q. While they were on each side, and one in front, did

you see the faces of all? A. Yes; and I could see the faces of the men the police brought back, I believe they were the same three.

James. Q. I should like to know if you can positively swear to me? A. I would not swear positively—I threw the man down in Duncan-street.

COURT. Q. You say you are sure these are the three men; which was the man who stood in front? A. The furthest one, Low; he had hold of my arm, trying to get the ring off—I have not the least doubt of him—I had not known him before—there were gas-lights in Duncan-street—the policeman brought them back almost immediately; but I am certain of them from observation of their faces at the time.

DANIEL WRAIGHT(policeman, N 159). On Sunday morning, 21st Sept., I was on duty in Vincent-street, near Duncan-street and the Lower-road—I heard a cry of "Police!" three times in Duncan-street—I went there, and saw the three prisoners and Blackwell ruffling up against the wall, all struggling together—one of the three knocked Blackwell down; I ran up immediately, and they all three ran down Duncan-mews—I ran after them sixty yards—Schofield, another policeman, bad them—I assisted in taking them back to the prosecutor; he looked at them, but did not say any thing, nor did he at the station—he did not say whether they were the men or not—I did not ask him—I knew the prisoners before, and am certain the three men Schofield had were the three I had seen ruffling with the prosecutor—I found 6d. in halfpence, and a knife, on Powell; and on James a knife; and on Lowe, one shilling—the prosecutor was drunk.

Cross-examined. Q. How far were you from them when they were ruffling together? A. About sixty yards—it was a dark night—I could see them, and am sure the prisoners are the men—Powell was not out of my sight; the other two were.

JAMES SCHOFIELD (policeman, N 121). I was on duty in Duncanmews, and saw the three prisoners running from the prosecutor—I heard a cry of "Police!" and stopped them—I asked them what they had been doing, they made no answer—I took them into custody, and gave one of them to Wraight, and we went back to the prosecutor, who said they were the three men who ran from him—I had seen Low five minutes before, at the entrance of Duncan-street—he asked me where he could go to ease himself—I told him to go down the mews, on the opposite side of the road; not the mews I do duty in.

Cross-examined. Q. You brought these boys up to where the other constable was? A. The constable followed them down; we both took them back to the prosecutor—Wraight was with me then; he was close behind me.

COURT. Q. How far were you from where the prosecutor was? A. Forty yards, in a straight direction—I could see him; he was lying on the ground, at the entrance of a gateway—I did not lose sight of them till they got to me—they ran alongside an omnibus, and I caught them in my arms, and kept them till my brother constable came up—I gave him one, while I kept the other two.

MR. BALLANTINE to D. WRAIGHT. Q. You remember going back to the prosecutor with the prisoners? A. Yes; I did not hear him recognise them—I was behind my brother constable, and was looking to my prisoner.

LOWE— GUILTY .* Aged 20.

JAMES—* AGED 22.

JAMES— GUILTY .* Aged 22.

Confined six Months.

POWELL— GUILTY .

Powell was further charged with having been before convicted: to which he pleaded

GUILTY. Aged 20.— Confined Twelve Months.

Reference Number: t18511027-1847

1847. JAMES BAYMAN , stealing a handkerchief, value 4s.; the goods of Charles Brocock, from his person: to which he pleaded

GUILTY . Aged 17.

Reference Number: t18511027-1848

1848. WILLIAM ALFRED SHELTON , stealing 5 yards of flannel and 4 purses, value 10s.; the goods of Robert Wortley Emery and another, his masters: to which he pleaded

GUILTY . Aged 18.— Confined Four Months.

Reference Number: t18511027-1849

1849. RICHARD WILLS , stealing a coat, value 30s.; the goods of Joseph Wing Arnold: to which he pleaded

GUILTY . Aged 32.— Confined One Month.

NEW COURT.—Tuesday, October 28th, 1851.

PRESENT—Sir WILLIAM MAGNAY , Bart. Ald.; Sir JAMES DUKE , Bart. Ald.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Sixth Jury.

Reference Number: t18511027-1850

1850. ELIZABETH ROBERTS , unlawfully uttering counterfeit coin: to which she pleaded

GUILTY . Aged 33.— Confined Six Months.

Reference Number: t18511027-1851

1851. WILLIAM BURGIN , having counterfeit coin in his possession; having been before convicted.

MR. ELLIS conducted the Prosecution.

JOHN CHARLES REYNOLDS . I produce a copy of a previous conviction from Mr. Clark's office—I have compared it with the original—(read—William Burgin, Convicted 8th July, 1850, on his own confession, of uttering counterfeit coin—Confined Twelve Months).

THOMAS KELLY (police-sergeant, H 2). I know the prisoner to be the person to whom this certificate relates—I had him in custody, and was at the trial—I am sure he is the person.

ANDRRW MILLER . I keep the Globe beer-shop, Macclesfield-street, City-road. On Thursday, 2nd Oct., I received a counterfeit shilling—I do not know from whom—the person said he did not know it was bad; that be got it for holding a horse—I had given him change—I said if he did not give it me back I would send for a policeman—he gave me back the change—I gave the shilling to the officer.

JOHN BUTT RICK . I was present, and followed the man who uttered the shilling—he went straight, and joined the prisoner and another man, about 100 yards from the beer-shop—I saw the policeman come up, and the prisoner ran away—I saw him caught—I was then about ten yards from him—it was about 3 o'clock.

GEORGE MILLS (policeman, G 131). On 2nd Oct I received information from Mr. Miller; in consequence of that I went in pursuit of a person—Burgin pointed out the person who had uttered the shilling, but that person I did not succeed in taking; he made his escape—he had been in company with the prisoner and another—the prisoner ran away when he saw me—I pursued, and saw him stopped; he was given over to me—I took him to the station—he asked what he had done—I told him he would know when he got to the station—I found on him 3s. 6d. in good silver, 2s. 51/2 d. in copper, a half-pint mug, a little brush, a little sticking-plaster, and a street-door key—I produce this shilling—I got it from Mr. Miller.

JOHN VICKERS (policeman, N 407). I saw Mills in pursuit of the prisoner—I saw the prisoner as he ran let this piece of rag fall, with four bad shillings in it—he stooped, and dropped it down a flat area, or grating, that goes over the foot-path—I did not go down the area, but the lady of the house saw me across the window, and gave me this rag up—I am sure what she gave me up was what the prisoner put down—it was given up to me in the state it was put down—I found in it four bad shillings, done up singly.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. This shilling which was uttered is counterfeit—these other four are also counterfeit, and two of them are from the same mould as the one that was uttered.

Prisoner's Defence. These things were never in my possession; I was not a stone's throw from my own door; there was nothing found on me.

GUILTY . Aged 20.— Confined Twelve Months.

Reference Number: t18511027-1852

1852. RICHARD MORGAN , unlawfully uttering counterfeit coin.

MESSRS. ELLIS and POLAND conducted the Prosecution.

GEORGE JOY . On 11th Oct. I was at my employer's premises, No. 25, High-street, Whitechapel—they are wine-merchants, and have a retail shop attached to their premises—the prisoner came there, and asked for a gill of spirits of some sort—I did not serve him, but he tendered a crown in payment—I took it up and saw it was bad—I told him to stop—he kept asking for his change; I told him to stop, and I would give it him—I had sent for a policeman; but in the meantime the shop was very full, and the prisoner sneaked out, and I missed him—I saw him afterwards in custody, I think it was this day week—I gave the crown to the police-sergeant.

DAVID MACKINTOSH (police-sergeant, H 9). I received this crown from the last witness on 11th Oct.

SARAH CLIPSHAW . My brother is a baker, and lives in Chick sand-street, Whitechapel. I was attending his shop on 14th Oct.—the prisoner came about half-past 10 o'clock in the evening for a 21b. loaf—it came to 21/2 d.; he offered a shilling in payment, I saw immediately that it was bad, and told him so—he said he did not know it was bad—I gave it to my brother—I saw him give it to the policeman—the prisoner was given into custody.

THOMAS GREEN (policeman, H 136). I took the prisoner—I received this bad shilling from the last witness's brother.

WILLIAM WEBSTER . This crown and this shilling are both bad.

Prisoner's Defence. I had this shilling given me for carrying a parcel from London-bridge to Whitechapel Church; I know nothing about the 5s. piece.

GUILTY . Aged 17.— Confined Twelve Months .

Reference Number: t18511027-1853

1853. CHARLES JOHNSON , for a like offence.

MESSRS. ELLIS and POLAND conducted the Prosecution.

GEORGE ARMSTRONG . I am a grocer, of 42, Old Bond-street. On Wednesday, 15th Oct., about the middle of the day, Ann Lill came to my shop, and asked for a pot of jam—she tendered in payment a counterfeit 5s.-piece—I asked her where she lived, and where she got the crown from—she said a man in the street gave it her—I told her to go and fetch the man who gave it her—she left the shop, and returned with the prisoner—there were numerous persons there, but she and the prisoner were two of them—she said the prisoner gave her the crown—I kept it in my possession, marked it, and gave it to the officer, who came through the crowd—he took the prisoner.

Cross-examined by MR. PAYNE. Q. You say the prisoner came to the shop; was he brought by any one? A. Yes; by two gentlemen, accompanied

by the child Lill—he said he knew nothing about what the child charged him with—the two gentlemen are not here.

ANN LILL . On the morning of 15th Oct. I was going along Bond-street—I saw the prisoner—I had never seen him before—he tapped me on the shoulder, and said he would give me a penny to go to the shop and get him a shilling pot of raspberry jam—I said I must not go—he said I should go, and he gave me a 5s.-piece to pay for it—I went, and asked for a shilling pot of jam—I gave the 5s.-piece which the prisoner gave me, and it was refused, and Mr. Armstrong told me to go after the prisoner—I went, and found him in the same place—I told him Mr. Armstrong wanted to speak to him—I did not tell him the crown was bad, or had been refused—the prisoner ran away—I ran, and cried, "Stop thief!"—he was stopped, and I took him back to Mr. Armstrong's—I am sure the prisoner is the man.

Cross-examined. Q. He was quite a stranger to you? A. Yes; he was about 100 yards from Mr. Armstrong's when he told me to go and get the pot of jam—he stayed in the same place where I left him, which was a door or two from Burlington-gardens—when I told him to go with me he ran up Burlington-gardens and down Burlington-arcade—I ran fast too, and saw him stopped in the Arcade—the two gentlemen who ran are not here—there were not many persons in the Arcade—it was between 12 and 1 o'clock—there are a number of shops there, and persons stopping to look in the shops—the prisoner was stopped just by where the keeper stands, near the end next to Burlington-gardens—I was near him when he was caught—I am quite sure he is the man—I could run as fast as him—when I called "Stop thief!" the people congregated together—there were a good many people when I got back to Mr. Armstrong's.

THOMAS MARSTON (policeman, C 87). I saw the prisoner in Mr. Armstrong's shop—I produce this crown piece, which Mr. Armstrong gave me—I took the prisoner—I asked him if he had given the crown to the little child—he said he knew nothing about the child; he had not seen her.

Cross-examined. Q. Did you search him? Yes; I found no bad money about him—he said he had no knowledge of the child whatever.

WILLIAM WEBSTER . This crown is counterfeit.

GUILTY . Aged 32.— Confined Six Months.

Reference Number: t18511027-1854

1854. ANN JONES , for a like offence.

MESSRS. ELLIS and POLAND conducted the Prosecution.

WILLIAM GAUNT . I live in Rufford's-buildings, Islington, and keep a beer-shop. On 18th Oct., the prisoner came in the evening—she asked for a glass of 6d. ale—she tendered me a shilling in payment—I gave her change, and put the shilling in the till—there was no other silver there—the prisoner drank her ale, and went out—she came again in six or seven minutes, and called for another glass of ale—she tendered me another shilling—I gave her change, but it caused me to be suspicious—I looked, and found the shilling was bad—I then went to the till and found the other shilling was bad—I sent for the policeman, gave her in charge, and gave him the two shillings.

Prisoner. Q. You say you had not change in the till, where did you get the change from? A. Out of my pocket—I had not got it in the till—it was about 10 minutes-past 5 o'clock.

JAMES SCHOLFIELD (policeman, N 121). I received these two shillings on 18th Oct. from the last witness—I took the prisoner—she denied passing the first shilling.

WILLIAM WEBSTER . These shillings are both bad.

Prisoner. I am an unfortunate woman; I took them, and was not at all aware that I had any bad money; I was rather in liquor.

GUILTY . Aged 24.— Confined Six Months.

Reference Number: t18511027-1855

1855. FRANCIS WILLIAMS , for a like offence.

MESSRS. ELLIS and POLAND conducted the Prosecution.

THOMAS HARRIS . I am shopman to my uncle, Daniel Harris, a stationer, at Holloway. On 23rd Sept. the prisoner came for half-a-quire of 4d. note. paper—my uncle was behind the counter—I served the prisoner—he laid down a shilling on the glass-case, on the counter—I took it up and put it in the till—I noticed that it was an old shilling, not one of Victoria—there were 6s. or 7s. there, all in shillings—I gave the prisoner change, and he went away—in ten minutes or a quarter of an hour Mr. Collins brought him back—no one had gone to the till from the time I put the shilling in the till; the prisoner was brought back—when he was brought back Mr. Harris went to the till and took out all the silver into his hand.

DANIEL HARRIS . I was in the shop, talking to a gentleman, when the prisoner came in—I called my nephew to serve the prisoner—he put a shilling on one of the glass-cases, and I removed it from the front case to the back one—I saw it was an old shilling of George the Third—the prisoner was afterwards brought back, and I went to the till—I found in it 7s. of Victoria, and one of George the Third—no one had been to the till after this George the Third shilling was put in—I asked the prisoner who sent him—he declared he had never been in my shop—I sent for a policeman, and then he said some gentleman had asked him to come in for half-a-quire of paper, and gave him the shilling—the note-paper was found on him—I can swear to it—this is it—I marked the shilling, and gave it to the policeman—this is it.

HENRY COLLINS . I am A chemist, and reside at Upper Holloway. On 23rd Sept. the prisoner came to my shop, about 10 minutes-past 6 in the evening—he asked for a seidlitz powder, and gave me a shilling—I noticed it was bad, and asked him where he got it from, and asked him to let me search him—I found on him three good shillings, a 4d. bit, and a penny—he said a gentleman on the opposite side of the road gave him the shilling—I sent my boy out with him to find him—he returned, and said he supposed the gentleman had cut it—the three shillings that I found on him were wrapped tightly up, and this half-quire of paper was found on him—I took him to Mr. Harris—I put this bad shilling in the break, and it nearly broke in two—it was not out of my possession till I gave it to the policeman.

EDWARD LAWTON (policeman, S 142). I received the prisoner in custody on 23rd Sept.—he said he had not been to Mr. Harris's, but he had to Mr. Collins's—I received this paper from Mr. Collins—I showed it to Mr. Harris just now—the prisoner gave his address, No. 18, Henry-street, City-road—I went there, and found there was no such person known—these are the two shillings.

MR. HARRIS re-examined. This is the George the Third shilling that I marked.

MR. COLLINS re-examined. This is the shilling the prisoner offered me; it is one of George the Third's.

WILLIAM WEBSTER . These are both bad, and from the same mould.

Prisoner's Defence. I was going home, and a gentleman stopped me, and asked me to get him a seidlitz powder; he gave me a shilling; I called for it, and gave the shilling which he gave me; I went out with the boy, and he was gone. GUILTY . Aged 16.— Confined Six Months.

Reference Number: t18511027-1856

1856. MARTIN CONNELLY , for a like offence.

MESSRS. ELLIS and POLAND conducted the Prosecution.

CHRISTOPHER JOBSON . I am landlord of the Apollo public-house, Tottenham-court-road. On 6th Oct. the prisoner came about 8 o'clock at night—he asked for 1 1/2 d.-worth of rum; he drank it, and put down a counterfeit sixpence—I broke it up, gave it him back, I told him it was bad, and was no use—he said he had no more money except a penny-farthing; but after fumbling for some time, he found another halfpenny, and put the farthing back in his pocket—he left, and came back in about an hour, and asked for 1d.-worth of gin—I told my wife and daughter—he tendered another counterfeit sixpence—I broke it up and threw it at him—I said he had been before with a bad sixpence—he said it was a b y lie—there were two men at the counter—they said, "Halloo, old fellow, you have made a mistake this time; have you got any more of these?"—he said, "Yes; you shall have a dozen for 4s. "—they said they would give him 4s.—he swore he would not let them have them—he went out—I took my hat and followed him to the next house, the Marlborough Arms—I went in there, and saw a sixpence on the counter—I told the barman not to serve the prisoner, for he had passed a bad one at ray house—the prisoner was then given into custody, and I saw him drop two sixpences—the policeman or the potman picked them up.

Prisoner. Q. Did I propose selling those pieces, or did they propose buying them? Witness. They asked if you had any more, you said, "Yes, a dozen, you shall have them for 4s.;" a man said, "I will give you 4s. for them," and you said, "No, I will see you b—d first."

GEORGE LODDY . I am barman at the Marlborough Arms. On 6th Oct. the prisoner came, between 10 and 11 o'clock at night—he asked for a 1d.-worth of gin—he put down a sixpence—I saw the last witness—he said, "Don't take that money, it is bad"—the prisoner heard that—I tried the sixpence, it was bad, and I either gave it to Mr. Jobson, or the policeman took it—I saw the constable had got it—I am certain it was the one the prisoner offered—it was never out of my sight.

JOSEPH WILSON (policeman, E 152). I went to the Marlborough Arms on 6th Oct., and took the prisoner—he was very violent indeed—I saw him drop two sixpences on the floor—the potman picked them up and put them in my hand—we were all three on the floor together—this is the sixpence the prisoner offered for the gin—it was given me by Mr. Jobson.

WILLIAM WEBSTER . These are all bad, and two of them are from the same mould.

Prisoner's Defence. I had been working at the Docks, and had received 4l.; I continued about town, and the last day I bought a handkerchief of a man in the street for 1s. 6d.; I gave him the last crown I had, and he gave me all small change; I did not know the money was bad; I was very drunk; I lost even the handkerchief that I had bought.

GUILTY . Aged 37.— Confined Twelve Months.

Reference Number: t18511027-1857

1857. JOHN GRIFFITH , for a like offence.

MESSRS. ELLIS and POLAND conducted the Prosecution.

CHARLES MORBEY . I keep the Sun public-house, Long Acre. On 8th Oct. the prisoner came for a glass of gin—it came to 2d.—he drank it, and put down a shilling—I saw it was bad, and asked him if he had any more money about him—he said, no, he could not pay for the gin unless I took the shilling—a policeman came in, and I gave him the shilling.

EDMUND LAWLESS (police-sergeant, F 17). I took the prisoner at the Sun—I

received this shilling from Morbey—I searched the prisoner, and found this other shilling on him.

WILLIAM WEBSTER . These are both bad, and from the same mould.

Prisoner. I was not aware that it was bad.

GUILTY . Aged 72.— Confined Six Months.

Reference Number: t18511027-1858

1858. JAMES MURRAY , for a like offence.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

MARY HOLDER . I am barmaid at the Wenlock Arms, City-road. On 18th Sept., about 9 o'clock in the evening, the prisoner came and asked for a pint of porter—he offered me a bad shilling—I said it was bad, and returned it to him—he then said he would have half a pint, for which he paid me with a penny—I am sure he is the man.

ELIZABETH KORN . I am the wife of Henry Korn, he keeps the Wenlock tap. On 18th Sept. the prisoner came and called for a pint of beer—he paid me with a shilling—I gave him 10d. change—I placed the shilling in the till—there were two other shillings in the bottom of the till, and four or five sixpences on the top of the two shillings—I put the shilling the prisoner gave me on the top of the sixpences—all the sixpences were between that shilling and the two shillings that were there before—I am sure of that—something was said to me soon after, and I went to the till, about five minutes after I had taken the shilling—no one had been to it—I found the shilling where I had placed it, and I found it was bad—the prisoner was then gone—he was brought back in about five minutes, and I told him the shilling was bad—he said, "What are you going to do with me?"—my husband said, "Pay me for my pint of beer"—the prisoner gave me a sixpence to pay for it—that sixpence was examined, and that was bad also—the constable then came, and my husband gave him the shilling and the sixpence in my presence.

Prisoner. When you said the shilling was a bad one I felt in my pocket, and gave your husband a sixpence; he put it in his mouth, and said it was bad, and I said, "It is the one your wife gave me. Witness. I gave you a sixpence, and 4d. in copper; I took it from the till; I do not believe it was bad; whether he gave me back that sixpence, or another, I do not know.

HENRY KORN . The shilling and sixpence were shown to me, and I gave the same to the constable.

WILLIAM ROBINSON (policeman, N 266). The prisoner was given into my custody—I received this shilling and sixpence—I found 2d. on the prisoner.

EMILY ANN PEARCE . I am the daughter of Mr. Thomas Pearce, who keeps the Bell and Mackarel, Mile-end-road. On Friday, 26th Sept., the prisoner came and called for a pint of beer—he gave me a half-crown—I told him it was bad—he gave me then 11/2 d.—I told him the beer came to another 1/2 d.—he said, "I will go and get another 1/2 d."—I gave the half-crown to my mother, she gave it me back, and then I gave it to my father.

PRISCILLA PEARCE . I am mother of the last witness. I was present when the prisoner came in—I saw him put down a half-crown—I took it from my daughter—I gave it her back again.

THOMAS PEARCE . I am the husband of Priscilla Pearce. I received the half-crown—I gave it to the policeman.

HENRY STEWART (policeman, 481 K). I apprehended the prisoner on 26th Sept. I got this half-crown from Mr. Pearce—I asked the prisoner where he got it from—he told me his master gave it him—he said he had been at work at the City-road bridge, unloading wood—he mentioned his master's name, but I cannot recollect it—I made inquiries at every wood-choppers at the City-road bridge, and they did not know him.

WILLAM WEBSTER . This sixpence, shilling, and half-crown are all bad.

GUILTY . Aged 83.— Confined Six Months.

Reference Number: t18511027-1859

1859. GEORGE STEWART , for a like offence.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

CATHERINE LE MAY . I am the wife of Benjamin Le May, he keeps a beer-shop, in Globe-street, Bethnal-green. On 29th Sept. the prisoner came and asked for a glass of 6d. ale—he put down a shilling—I told him it was bad—he said he had been at work for two gentlemen on Thursday, Friday, and Saturday, and they had each given him a shilling, and that morning he bad carried a box, and got 2s.—he was given into custody—I gave the shilling to the officer—the prisoner was discharged in about a week.

JOSEPH MANNERS (police-serjeant, K 36). I produce the shilling.

ANN HOINVILLE. My husband is a baker, and lives in Belvedere-road, Bethnal-green. On 13th Oct. the prisoner came, about 8 o'clock in the evening, for a half-quartern loaf, it came to 21/2 d.—he put down a shilling—I took it up and saw it was bad—I told him so—he took it up, pot it in his mouth, and bit it in two—he gave me one piece, and said, "This other I shall take back to the person I got it from"—I said I should detain him—he said, "What are you going to do? I hope not to give me into custody; here is a good sixpence"—I gave him into custody.

ROBERT YOUNG (policeman, 126 K). I took the prisoner on 18th Oct. I received this shilling from the last witness, and a good sixpence from the prisoner's band—I could not find the other half of the shilling.

WILLIAM WEBSTER . This shilling and half shilling are both bad.

Prisoner. I did not know they were bad; I was intoxicated at the time.

GUILTY . Aged 18.— Confined Six Months.

Reference Number: t18511027-1860

1860. PHCEBE BOYCE , for a like offence: to which she pleaded GUILTY . Aged 19.— Confined Twelve Months .

Reference Number: t18511027-1861

1861. JULIA KELLY and MARY BROWN , for a like offence.

MESSRS. ELLIS and BODKIN conducted the Prosecution.

MARY HANKINS . I keep a chandler's shop, in East-street, Hampstead-road. On 6th Oct. the prisoner Kelly came to my shop—she wanted a small bit of mottled soap—it came to 51/4 d.—she paid me with a shilling, which I put in my pocket, where I had no other shilling—I gave her change, and she went away—in about three-quarters of an hour the policeman came—I took the shilling out of my pocket and gave it him—I found it was the only shilling I had in my pocket—he bent it—this is the piece of soap I sold to Kelly.

Cross-examined by MR. O'BRIEN. Q. How do you know this piece of soap? A. I am certain of it by its appearance—I cut it off—I did not cut another piece off that morning—I do not think I had cut any off it for some time—it was a very old piece which she chose—there is no mark on it—I had no other shilling—I had a few sixpences in my pocket, not in the till—I had not changed any money that day—I never saw Kelly before.

JOHN SMITH (policeman, S 63). I received this shilling from the last witness—I got this piece of soap from the basket found on Brown—the prisoners were both taken about 4 o'clock the same afternoon.

Cross-examined by MR. HORRY. Q. Did you follow the prisoners? A. No; I merely examined the shilling—I saw Brown with the basket on her arm.

HANNAH PRINCE . My uncle keeps a shop at Hampstead. On 6th Oct. Kelly came to his shop for half an ounce of tea and a quarter of a pound of sugar—I served her—they came to 21/2 d.—she offered me a shilling in payment—I put the shilling in the till—I know that the shillings that were in the till before were good, for I had examined them when I took them—this shilling was the only one I did not examine—I can speak to these parcels of tea and sugar from the manner in which they are folded—I folded them myself, and Kelly is the person who had them.

Cross-examined by MR. O'BRIEN. Q. Were you alone in the shop? A. Yes; there had been others serving there that morning—this was between 3 and 4 o'clock—there might have been ten other shillings in the till—I cannot say how many of them I took.

JOHN MILLEST . I am uncle of the last witness. On 6th Oct. I most likely looked in my till when the shop opened in the morning; but on Saturday night, after business, I looked in and cleared my till—there was nothing left for Monday morning, except three or four trifling pieces—there was certainly no shilling—my shop was not open at all on Sunday—only my niece and myself served my customers of Monday—I might have taken some shillings myself—I have no doubt I examined the money I took on that Monday, as I always do—it appeared to me to be good—I think I did not take this shilling (looking at it) on the Monday—I think its colour would have caused me to suspect it.

Cross-examined by MR. O'BRIEN. Q. Had you ever seen this shilling before? A. Not till I was at the police-station—I cannot tell how many shillings I took that day, but I did not take this, nor was I in the shop at the time.

FRANCES ABERCROMBIE . My husband is a greengrocer, in High-street, Hampstead. On 6th Oct., Kelly came at nearly 4 o'clock for a pennyworth of potatoes—I served her—she gave me a shilling in payment—I gave her in change a sixpence, a 4d.-piece, and a penny—I put the shilling in my till, where there was no other shilling—I afterwards took it out, found it was bad, and gave it to Whittaker—I have since seen some potatoes—I cannot identify them, but they are about the same sort as those I sold to Kelly.

CHARLES WHITTAKER . I am shopman to Mr. Ashby, a grocer. On 6th Oct., between 3 and 4 o'clock, I saw the prisoner Kelly come into the shop first—she asked for half an ounce of tea—it came to 11/2 d.—she offered me a bad shilling—I told her it was bad, and returned it to her—she said she did not know it, and she gave me a good half-crown—I followed her, and saw her talking to Brown about twenty yards from my shop—they conversed together about three minutes—I can tell the tea I sold to Kelly, from the manner in which it is wrapped up—this is it—I got this shilling from Abercrombie, and this other from Prince.

Cross-examined by Mr. O'BRIEN. Q. What time was this? A. Between 3 and 4 o'clock—it might be nearer 4 than 3—I did not put any mark on the shilling—I slightly bent it.

JAMES THOMAS (policeman, S 53). On that afternoon I received information from Whittaker, and followed the prisoners—one was thirty or forty yards before the other—I took them to the station—I found on Kelly two shillings, a sixpence, a 3d.-piece, some tea and some potatoes, and a penny—Brown had a basket on her arm—it contained some more potatoes, a half-quartern loaf, a cap, some soap, some tea and sugar and butter—I asked Kelly what had become of the shilling she tendered to Mr. Whittaker—she said she threw it away—she had the tea that Whittaker sold.

WILLIAM WEBSTER . These three shillings are all bad, and those passed to Abercrombie and Prince are from the same mould.

(The prisoners' statements before the Magistrate were here read as follows: Kelly says—"This person met me at my residence on Monday, 6th Oct.; I was going to work at charing for Mrs. Moon, a cheesemonger; she gave me three pieces of coin; I did not know the danger of them; she told me to buy tea and sugar." Brown says—"I was standing at a linendraper's shop, and Kelly came and gave me the basket; she desired me to go down the road before her; she wanted to speak to me.

(The prisoners received good characters.)

KELLY— GUILTY . Aged 27.

BROWN— GUILTY , Aged 45.

Confined four months.

Reference Number: t18511027-1862

1862. SARAH POMEROY and MARY ANN JENKINS , for a like offence.

MESSRS. BODKIN and POLAND conducted the Prosecution.

ELIZA CHANDLER . I am servant to Mr. Davis, who keeps the Kent Hotel in Brownlow-street, Holborn. On 3rd Oct. the prisoners came about 7 o'clock in the evening for half-a-quartern of gin and cloves—I served them—Pomeroy put a bad half-crown on the counter—I called Mrs. Davis, gave her the half-crown, and told her it was a bad one—she desired the waiter Lewis to go for a policeman—he went out, and after that Jenkins went out—Pomeroy remained—in a few minutes Lewis returned with Jenkins—Mr. Davis, my master, stood against the door, and the waiter was again sent out for a policeman—while he was gone, Pomeroy said to Jenkins, "Go and see after him again"—Jenkins said, "No, I won't, they will say I meant to do the same again"—Mr. Davis gave me the half-crown again, and I marked it with a knife.

Cross-examined by MR. PAYNE. Q. When the half-crown had been taken by your mistress, she told Pomeroy to stay at the bar, and she did stay? A. Yes; she went to the door once—there was a man in front of the bar when Pomeroy was served with the gin—there were lodgers at the bar—they did not come to drink; they were talking to Mrs. Davis—Pomeroy remained till the waiter came in with the policeman—I was standing inside the bar when Pomeroy told Jenkins to go and see after him again.

LOUISA DAVIS . My husband keeps the Kent Hotel. On 3rd Oct., I saw the two prisoners at the bar—I saw Pomeroy lay down ft half-crown on the counter—Chandler said, "This is a bad one"—I took it in my hand, and gave it to Chandler to mark.

Cross-examined. Q. Did you not receive it from the barmaid, and keep it a few minutes, and then give it to your husband? A. Yes, and then he gave it to the barmaid, and she marked it—I believe she then kept it till the policeman came.

GEORGE HOWARD LEWIS . I am the waiter. I saw the prisoners there that evening—I was desired by Mr. Davis to fetch a policeman—I went out for that purpose—I turned round, and saw Jenkins turning another way—I followed her, and desired her to come back to the house—I brought her back, and as she was coming back I heard something jinking against her teeth—I said to her, "You can swallow them very fast"—she said, "Yes, I can do it"—soon after that, I saw a coin, apparently a shilling, drop from her, it went down the grating of the area—I took her into the house, and told the porter to go down and look in the area window, and he would find a shilling—he went down, and brought up a shilling, which he gave to the policeman—I went out again and got a policeman.

JAMES GROVES . I am porter, at the Kent Hotel. I was directed by Lewis to go down in the area; I found a bad shilling; I gave it to the policeman.

EBENEZER IRONMONGER . I am a policeman. I took the prisoners, and received the half-crown and shilling—on Pomeroy was found a sovereign 11/4 d., a small quantity of butter, some soap and some tea, and a half-crown—she had these things in a basket; they were given up to her by the Magistrate's order—on Jenkins was found two shillings, four halfpence, a bag, two quantities of tea, two of sugar, two of butter, and a half-quartern loaf.

WILLIAM WEBSTER . These are both counterfeit.

POMEROY— GUILTY . † Aged 36.— Confined Twelve Months.

JENKINS— GUILTY . Aged 30.— Confined Eight Months.

Reference Number: t18511027-1863

1863. WILLIAM RYAN and JOHN CONNELL , for a like offence.

MESSRS. BODKIN and POLAND conducted the Prosecution.

MARY ANN BOREHAM . My father keeps the Wheatsheaf, in Smithfield; I attend to the business. On 27th Sept., the prisoners came there together, between half-past 10 and 11 o'clock at night—Ryan asked for a pint of porter, and gave my sister a bad shilling—she gave him 10d. change—Ryan then called for half a quartern of gin; he gave me a bad shilling—I gave it him back, and told him it was bad—I asked my sister what she had taken, and we found that was a bad shilling—I then asked Ryan to give me back the 10d. that my sister had given him—Ryan said they had not the change—they did not say whether they had had it—I called my father; he came, and asked for the change—I did not hear either of the prisoners say anything to that—a policeman was sent for, and they were given in charge—I gave the two shillings to my father, and he gave them to the policeman, in my presence—they were not out of my sight—I got the shilling that was given to my sister from the till—there was no other there.

Cross-examined by MR. M'MAHON. Q. Are you quite sure it was Ryan gave you the shilling? A. Yes; there were four or five persons in the shop at the same time—my sister Emma and I both attended the till that night—she might have taken shillings without my knowing it, but there were no shillings there—the station is six or seven doors from our house—Ryan uttered both the shillings.

EMMA BOREHAM . I am the sister of the last witness. I was attending my father's business on the night of the 27th Sept., at the Wheatsheaf—I recollect the prisoners coming there—Ryan asked for a pint of porter, he tendered a shilling in payment—I put it in the till, and gave him 10d. change—I know there was some small silver in the till; I do not know whether there were any other shillings—no one went to the till after I put the shilling in, till it was taken out by my sister.

Cross-examined. Q. You had attended to that till before? A. For a short time—I cannot tell whether there were shillings in it—it was Ryan who asked for the porter and gave me the shilling.

CHARLES BIG (City-policeman, 234). I was called to the Wheatsheaf, and the prisoners were given in my charge for uttering counterfeit coin; they said nothing—I took them to the station—I found on Ryan two sixpences, four fourpenny-pieces, a tobacco-box, and a duplicate; and on Connell these three counterfeit shillings, some halfpence, a snuff-box, and five duplicates.

Cross-examined. Q. When were the shillings given you? A. These two were given me by Mr. Boreham, in his own house; these other three I found on Connell.

JOHN GREEN . I keep the Old Horse and Groom. On 27th Sept., the

two prisoners came to my house, between 9 and 10 o'clock—Connell asked for a pint of porter, and tendered a bad shilling—I told him it was bad—he said, "We are hardworking men, and I will take it back and get another"—I gave it him—he said, "I have plenty of money to pay for your beer," and he pulled out a quantity of halfpence and paid me—after that they went out of the house hurleyburley, and began dancing and singing—I told a policeman to watch them.

Cross-examined. Q. Did Connell appear to be drunk? A. Yes, slightly so—Ryan did not appear to be quite sober—when I told Connell it was a bad shilling he said it was an accident, and he knew where he took it.

----LEDGER. My husband keeps the Coach and Horses, in Holborn. On Saturday night, 26th Sept., Ryan came to my house—he bad a pint of porter, and gave me a bad shilling—I detected it, and returned it to him instantly—he said, "A bad one, is it?" and he walked out—he did not appear drunk.

WILLIAM WEBSTER . These two shillings that were uttered at the Wheat-sheaf are both counterfeit—the three found on Connell are also counterfeit—one of them is a George the Third, 1819, and is from the same mould at one that was uttered. (Connell received a good character.)

RYAN— GUILTY . Aged 17.— Confined Twelve Months.

CONNELL— GUILTY. Aged 45.—Recommended to mercy by the Jury.— Confined Four Months.

OLD COURT.—Wednesday, October 29th, 1851.

PRESENT—The LORD MAYOR; "Mr. Justice CRESSWELL; Sir JAMES DUKE, Bart., Ald.; Mr. Ald. CHALLIS; and RUSSELL GURNEY, Esq.

Before Mr. Justice Cresswell and the Third Jury.

Reference Number: t18511027-1864

1864. IGNATIUS FRANCIS COYLE , feloniously forging and uttering a promissory-note for the payment of 1,100l.; with intent to defraud Viscount Clifden.—Other COUNTS, varying the manner of stating the charge.

MESSRS. HUMFREY, CLARKSON, and HUDDLESTON, conducted the Prosecution.

LORD CLIFDEN. I am a viscount in Ireland, and an English baron. This promissory-note (produced) is not my handwriting—I never authorized anybody to put my name to it—I was not in any respect under any obligation or debt to the prisoner—I never authorized him or any other person to put my name to this note.

Cross-examined by MR. EDWIN JAMES. Q. Is it like your writing? A. Not the least, neither the body or the signature; the signature is not the least like mine—I never banked at Hoare's, where the note is made payable—I have known Coyle on the turf, as a betting man—I have betted with him, and won and lost—I do not think I had bills of exchange out in 1849—I had accepted bills—I think some that I had accepted were running in Dec., 1849, but not promissory-notes—I had no notes out in this form—I had "I O U's," and acceptances to bills, but no promissory notes in that form—the signature "Clifden" is not the least like mine, nor the words, "payable at Hoares', bankers, London"—that is certainly not my writing—I have paid the prisoner money when I have lost, and he has paid me money when I have won—I never paid him by check, to the best of my recollection—I paid him at settling, but always very small sums—I have not had any money transaction with him for the last two years—to the best of my recollection, I did not bet

with him during the whole of 1849—I came on the turf in 1847—I think I first heard of this bill when I was at Naples—I was there during the beginning of March, this year, I think—I heard of it by letter from Mr. Burchell, my man of business—I had never heard of it before—I was in England at the Derby of 1850, and also at the Ascot and the St. Ledger in the autumn of 1850, and at the meetings at Newmarket—I know the Alleynes slightly—I think I had hardly spoken to them before this year—I do not think I had seen them during the Newmarket meetings of 1850, or at the Ledger—I do not remember whether I had seen them at the Derby in the spring of 1850—I cannot say whether they were admitted at Tattersal's or not.

MR. HUMFREY. Q. You said you had had some bets with the prisoner; to what amount? Q. I really can hardly say; I should think the largest bet I had was under 100l.—there is not any claim whatever of his unsettled.

CAPTAIN ALEXANDER M'GEACHEY ALLEYNE . I was formerly in the 89th regiment; I am twenty-six years of age. I returned from Canada at the end of 1846—after that I had some transactions on the turf—I had known the prisoner previous to June, 1849, by meeting him casually at racecourses—we occasionally had betting transactions together, not to any great extent, up to that time—in June, 1849, I lent him a small sum, about 200l.—from that time until June, 1850, I lent him other sums of money, altogether amounting to about 2000l.—that was money absolutely advanced to him—in Jan., 1850, he owed me about 1,700l.—that was money absolutely advanced—as far as my recollection serves me, I had an interview with him in Jan., 1850, at 2, Great Ryder-street, St. James's, where I was then lodging—I had not at that time pressed him for payment of the money that he owed me; I had asked him for it—at that interview he gave me the note produced—he had previously given me one of Mr. Gerard Sturt's for 700l., as security for the sum I had previously advanced to him, and then he gave me this second one as further security for the money I had then advanced to him, together with the sum of 350l. which I gave him at that time by check—he asked me to keep this note as security—he told me that ho had this document of Lord Clifden's, which was a perfectly good security, and which I believed to be so—he made those preliminary observations before he produced the note—he said if I would hold it until he repaid me, I should be conferring a great favour upon him—this check for 360l. (produced) is dated Jan. 4—it was upon that day this took place—I gave him this check at the time, to make up the amount of 1,800l., I think it was—that was all that took place at that interview with reference to Lord Clifden's note—subsequently to that I lent him 150l.—this (produced) is the check; it is dated 22nd Feb.—I had some transactions on the Derby of 1850, that was run in May—I betted a considerable sum for Coyle—I lost about 8,000l. or 10,000l. on that race, over and above the amount which I became liable to for him—he was then indebted to me absolutely about 3,000l., but I only charged or credited him with 2,325l., as far as my memory serves me—I paid that 2,325l. for him—I did not press him for payment of the money he owed me; but after the Derby, when I found I had lost such a considerable sum, I was of course anxious to get from him the money he owed me, to assist me in making my settlement, which was very heavy—knowing his losses were very heavy, I did not press him, but I asked him to help me with a certain portion of this money, which he promised to do on the Monday morning following—that would be the day before the settling, which was Tuesday, 4th June—he called at my chambers on Saturday, 1st June, about 12 o'clock, in a great state of excitement, as I imagined at that time, and alluded to his large debt

to me, and said, "I want to talk to you more about it, if you will call on me it Wood's hotel, Furnival's-inn, at 2 o'clock; I shall then be in a position to pay you a portion of my debt to you, or make arrangements for it," or words to that effect—I went with my brother, Captain Holder Alleyne, to Wood's hotel, on that Saturday, about 10 minutes or a quarter to 2—I there found Mr. Coyle, and a friend of his, Mr. Charles Coglan—nothing important took place for five or six minutes—Mr. Coyle kept looking at the clock, in a great state of excitement, stating that his time was now come, or words to that effect, which I do not quite recollect—I was talking to my brother, and Coyle was walking about the room, and presently he left the room very abruptly—my brother turned round and ran after him—Coglan then came up to me—Coyle had then left the room, and could not hear what Coglan said—in about five minutes Coyle returned with my brother, came up to where I and Coglan were standing, and told me that he had forged the document that he had given me of Lord Clifden's, for the purpose of getting money to send either his brother, or his brother-in-law, out to Australia: that he very much regretted it; that if I would not prosecute him, he would do all in his power to repay me the money, which he hoped to be able to do in a short time—he said he was perfectly ruined, and all that he had left in the world was six sovereigns; that if I would let him off, he would work for me all his life, and would never forget my kindness—he then threatened to commit suicide, and throw himself from the Monument, and all sorts of things, if I would not let him off—after some more conversation, he gave me these two papers (produced)—he gave me this one in lieu of all my demands on him—it is a note for 4,350l.—he gave me the other paper at the same time—(the papers were here read: "London, June 1, 1850. On demand, I promise to pay A. M. Alleyne, Esq., the sum of 4,350l. J. F. Coyle"—"I have this day given to A, M. Alleyne, Esq., my note for 4,350l., payable on demand, in consideration of cash advanced, and other debts, for which he is liable; and also a bill for 1,150l., of Clifden's which was not (the last word was illegibly written, but was supposed to be 'genuine')—I gave Coyle a receipt for this—this is it (produced)—I did not present the note for 1,150l. to Lord Clifden—I kept it—(receipt read: "1st June, 1850. Gray's Inn Coffee-house, London. Memoranda. I have this day received from I. F. Coyle his promissory note, payable on demand, for the sum of 4,350l., in consideration of cash advanced, to the amount of 1,850l., which includes a bill signed 'Clifden,' for 1,150l., which document you, I. F. Coyle, acknowledge not to be a genuine document. The balance is in consideration of other transactions, for which I have made myself liable for you. Signed, A. M. ALLEYNE. ")—in Jan., 1851, I instructed my solicitor with reference to proceedings against Coyle at the police-court—those proceedings were afterwards withdrawn—in the month of July last this indictment was preferred.

Cross-examined by MR. EDWIN JAMES. Q. What regiment are you in now? A. I am not in the army now—I retired a year and a half ago—I think my acquaintance with Coyle commenced in the spring of '47, on the race-courses—I was on very intimate terms with him, unfortunately—I never had any difference with him until this transaction occurred—I did not remain on intimate terms with him long after June, '50—I saw him several times—to the best of my recollection I did not call him "My dear lg." for Ignatius—I did not lodge with him; I was lodging at Piccadilly—I may have lived at the same hotel—I may have dined with him, I would not be certain—I did not dine with him constantly after June, 1850, when I knew this was a forgery—I swear that—I saw him at Newmarket in the summer of 1850—I did not

dine with him there—I did not go to the Leger of 1850—I lost last year at the Derby 8,000l. or 10,000l.—I was not a defaulter—the money I lent Coyle was my own—I first took proceedings on this note at the police-court on 29th January—I applied to Mr. Bingham, the Magistrate, for a warrant—Coyle appeared before him—I did not appear on the first occasion—I was at Carshalton, and did not come back—Mr. Clarkson was my counsel—the case was withdrawn on the promise of Mr. Coyle to pay me the amount of money—I did not speak to Mr. Coyle—I did not hear Mr. Clarkson state, that in consequence of inquiries that had been made, there was reason to believe that Mr. Coyle had not a guilty knowledge at the time the bill was forged—to the best of my belief I was in the yard outside at the time; hut Mr. Clarkson made that statement in consequence of a letter I had received from Coyle—Mr. Emmett, of Bloomsbury-square, was at that time acting as my attorney—Mr. Lewis is conducting this prosecution, with the assistance of Mr. Emmett—the case was brought on twice before Mr. Bingham—Coyle was there on each occasion—he appeared on bail—I went before the Grand Jury to prefer this indictment in July.

Q. In the interval between the Feb., when the case was over at the police-court, and your going before the Grand Jury, had you been indicted for obtaining a large sum of Mr. Kennedy, an officer? A. There was a malicious prosecution got up by Mr. Coyle, who is on the back of the bill, to stop these proceedings—it is a fact that I am indicted for obtaining 7,000l. of Mr. Kennedy, by false pretences—I know Mr. Kennedy perfectly well, he is now in court—my brother, Captain Holder Alleyne, is also indicted—the indictment was found against us in May—it has not been tried; it was removed by certiorari to the Queen's Bench, by mutual consent—the case did not come on for trial—my attorney withdrew the record in the absence of our evidence—I believe my recognizances have not been estreated—I swear that—I was taken upon a warrant after ray recognizances were estreated—the case now stands for trial—it is a malicious prosecution by Mr. Kennedy, unquestionably, as I was in America at the time the alleged offence was concocted—I did not receive 2,700l. of the money—I will swear that—I was in America when the bet was made which was the subject of the alleged offence—I know that my brother made a bet with him for 7,000l. upon a trotting match, which I am happy to say he won—that is the subject of the indictment—Mr. Kennedy was a lieutenant in my regiment—I mean to say I did not receive one shilling of that money from my brother—my brother lent me 500l., and gave me 500l. of his own money, but not of that money that I believe—he gave it me some short time after he had got the 7,000l. from Mr. Kennedy—he never told me that it was part of that money—it was a present, and he lent me 500l. besides—I was in England on 6th Jan. 1847—I had no account at Sir John Kirtland's—I had at Cocks and Co—Sir J. Kirtland is not Mr. Kennedy's banker, or his father's, that I know of.

Q. Had you not a sum of 2,850l. out of this money transferred to your account? A. I had a sum of 2,850l. placed to my account by my brother, but not a portion of that money—it was placed to my account—part of it, 1,650l., was afterwards transferred from my account to one of my brothers, a clergyman—I do not believe that that sum of money came from the sum won of Mr. Kennedy—my brother placed 500l. to my account, and 500l. he lent me, which I repaid him in April, and the balance I was to place to the credit of my other brother—I cannot say from what source it came—I did not know that it came from that sum—I know that my brother promised me 500l. when he won this match; 500l. he lent me, and the remaining 1,650l. was placed to the credit of my brother.

Q. What was the match? A. My brother had a famous trotting-mare in America, which he brought to this country—after this I returned to this country, and found he had made the match to trot a certain number of miles within a certain given time—Mr. Kennedy made him a match that he did not do it—I was not present when the match was made, because I was in America—I heard of it from my brother—I got the money some ten days after the race, but I had numerous transactions of a betting nature with my brother and others—Mr. Kennedy left the regiment and went to India after this transaction—he tried these proceedings in the Court of Chancery first, it was then withdrawn, and then reinstituted, as I believe, for the purpose of suppressing the present prosecution—I was on the turf in 1848 and 1849, and am very happy to state that I left it in June, 1850, I think, without discredit—I never played—I have betted, and lost large sums.

Q. Do you know what is the meaning of using a person's house to bring fellows to do plant; just look at that (producing a letter,) is that your writing? A. It is—I was not in the habit of using houses to bring fellows to do plant—I do not know exactly what is the meaning of "some nice young fledglings "—this is a letter to a person named D'Arey, who, at that time, was my most intimate friend, and who I have since supported; I believe the clothes he has on his back at present are mine, at least the money that bought them—he is indicted with me for the conspiracy—I am sure I do not know what is the meaning of doing plant with fledglings; that was only a remark which I made at the time in writing.

Q. You do not know the meaning then, at Ascot races, of borrowing. people's houses to do plant with some nice fledglings; you swear that? A. No; except in betting—I alluded to betting there—"doing plant with fledglings," means men betting with you, and that sort of thing—"a fledgling" is a man that bets, and that sort of thing—it does not mean play—I never play—plant is done by horse-racing, and that sort of thing, betting—I did not want to borrow a person's house—I have no recollection of the circumstance—I can give no other explanation of the term—it does not mean getting an inexperienced person and robbing him by betting—it is, if a man comes there to bet with him—that is doing plant with a fledgling—I did not invite him there; the tenor of the letter will show that—it means to form a party and to bet—I have seen a person of the name of Flower—I do not know him—I have not heard that he was a person of considerable wealth—I have never made a bet with him in my life—I should say Flower was a fledgling then—I do not know that he "got it over the head and ears"—I should say he did; but I never won a shilling, or made a bet with him—the meaning of "getting it over the head and ears" in betting, is what I did at the Derby last year, when I lost 8,000l. or 9,000l.—I had a fortune of my own, besides the sum I received from my brother—it was considerable, sufficient for myself and my wants—I mean at that time—after 1850 I most likely asked Coyle to bet for me at Newmarket—I had numerous transactions with him; I betted for him and he for me—I was never excluded from the betting-ring—I have no recollection of owing a considerable sum at Newmarket, nothing that I did not pay within a few days—I backed horses repeatedly for Coyle; not in the autumn of 1850—I may have asked him to back a horse for me to a small amount, but not to any extent—I believe I asked him to back the Italian at Cambridge—that was in the autumn of 1850—he told me he had for 100l.—he did not pay 100l. to Mr. Scott—I asked him to pay Mr. Scott 100l. out of the money he owed me—he paid the 100l. out of the money he owed—I have no recollection of whether he backed other horses for me—I did not bet

with him afterwards that I know of—I forget whether he backed or betted on other horses for me, not to any amount—not to the amount of 50l. I think—he was not visiting me, and dining with me, at Webb's Hotel, down to Jan. this year, when I preferred the charge against him—I met him at Webb's Hotel, in company with my brothers, on the day of one of my brothers' marriage, and I asked him about this money—I met him for that purpose—he said he would repay it as soon as he could—I did not dine with him—I may have had some refreshment with him, but I never dined with him, and I never saw him, except for the purpose of trying to induce him to pay me a portion of this money—I was not with him at Webb's Hotel ten or twelve times—I forget whether I went there in Jan.; but I never went there except to get him to make payment of this money—I do not recollect dining with him; I may have taken a chop—I had money of my own at the time I lost the money at the Derby.

Q. Just look at that letter; do you persist in saying that at that time you did not want money very badly, and that you wanted some nice fledglings to do plant? A. I did not want money then perhaps more than I do now—I did want money—I had money, only I had spent a great deal—if I had bet with a man and lost I should have paid; and if I had won I should have been paid; that is the meaning of wanting nice fledglings—if I had lost, of course I should have paid, as I always have ever since—my solicitor recommended me to commence an action against Coyle, on this note, for 4,000l.—that action is stayed by an injunction, I think—I do not know that there is any attachment against me for not putting in an answer—I have put in an answer, but have not sworn to it—my solicitor told me I had time to do so—I am now living at 131, Piccadilly.

Q. Have you no occupation at all? A. I have various things to look after, inventions and other things, which occupy my attention, inventions in machinery—what my means are is a private affair, I should say—I will let you have an estimate to-morrow of what my annual income is—I do not decline to tell the jury what my means are—I shall be very happy to tell the jury that I get my income from three sources—West India property, from some speculations which I have; a distillery, among other things; a new invention, which has recently come out, for making casts by machinery, which is very valuable; and also an allowance from my mother—this machinery for making casts is valued at a very large sum of money, and for which I paid 4,000l. or 5,000l.; it is at work in Wenlock-road, City-basin; the distillery is in Horselydown, and the business is in Tower-street; it distills spirits; the firm is Montgomery, Rosenberg, and myself; I am a partner; that is my means of subsistence—I had seen Lord Clifden in the autumn of 1850, but never spoke to him—I had seen him at races frequently in 1850, and before and since—this letter (looking at one) is my writing.

MR. HUMFREY. Q. You say one source of your income is from your mother; is she a lady of fortune? A. She is so—I forgot to say that I sold some mining property the other day for 6,000l., besides that which I have—I have since last year entirely left off all betting; I have not made a bet to the extent of 50l. or 60l. since 1850, to the best of my re-collection—the transaction with Mr. Kennedy took place in 1846—from that time down to July, 1851, after I had gone before the Magistrate against Coyle, I heard no more of Mr. Kennedy, or anybody, taking criminal proceedings against me in respect of that bet; I have heard of Mr. Kennedy threatening to do so some years ago, before he went to India, and he then filed a bill in Chancery against my brother, who had lent him 4,000l.; those

proceedings he withdrew—I have no notion how Mr. Coyle got acquainted with Mr. Kennedy, or knew anything about this transaction in 1846; I believe it was through the instrumentality of D'Arey, who was an intimate friend of mine; they went before the Grand Jury, behind my back, without saying anything to me—an officer of the Guards was dining with me, when a clerk arrived to tell me I had been indicted, during the day, by Frank Coyle, Mr. Kennedy, and Mr. Moses Nathan—that remark about fledglings and plant was communicated in a message that was sent me; it was not my own observation—it was communicated to me by my intimate friend, who is a party with Mr. Kennedy and the prisoner in indicting me—I saw Coyle after June, 1850, at Webb's Hotel, in the presence of a brother of mine, the Rev. Joseph Low Alleyne, a clergyman, who is in court; that was in Sept., for the purpose of getting some of this money—this (produced) is the letter, which induced me to forego the proceedings against Coyle—it is Coyle's writing—it was not altogether the reason of my foregoing the prosecution—(letter read—"Feb. 14, 1851—To A. M. Alleyne, Esq. Sir,—I think it right, and more straightforward, as between gentlemen, who have been so connected as you and I, to address you direct, notwithstanding the intervention of professional men, to whom I mean no disrespect. I write to you, as the lawyers say, without prejudice; when I gave you the bill in question, I had no reason to doubt its genuineness; on the contrary, I had every reason to believe its perfect correctness; for it was in the market, and I believe had been some time before it was paid to me; I took it in the regular way of business, and I so parted with it; if you have been taken in, so have I; but, as far as I am concerned, any damage you may have sustained has been unintentional, I give you my honour—I am perfectly blameless in the affair, and I put it to you, as a gentleman, whether it is right further to pursue the steps you have thought proper to take, and which I am sure you would not have done, if you had asked for, and received my explanation"—I am quite satisfied that it was on 4th Jan. that I received this bill from Mr. Coyle; it is dated 31st Dec., four or five days before.

CAPTAIN HOLDER ALLEYNE . I am an elder brother of Captain M'Geachey Alleyne—I know nothing of this transaction, except being present at one interview; the meeting with Mr. Coyle and Coglan, when my brother was present—Mr. Coyle called on my brother at Piccadilly—I was there, he asked my brother to meet him at a certain house, I think it was at Furnival's Inn—I went with him, and there was a friend of his, Mr. Charles Coglan, an Irishman, a well-known man—after some time Mr. Coyle left the room, and Mr. Coglan went after him—Mr. Coyle confessed that he had forged on my brother, that he had acted as a great villain to him, that he had written to his wife to inform her she would never see him again, that he intended to commit suicide, that he had committed this forgery in order to send his brother-in-law and his family out to Australia—he mentioned Lord Clifden as the gentleman whose name he had forged—he begged my brother to consider his wife, begged him not to take proceedings, and if he did not he would work all his life for him, and never forget him; that if he did not he should not live, but commit suicide—we said he could have no object to commit suicide, he had better go back and do all a man could do after committing so gross a villainy—I was present when this promissory note for 4,000l. was given, and this memorandum.

Cross-examined by MR. HAWKINS. Q. You were a defaulter at this time last year? A. I hardly know what you call a defaulter—I did not owe 20,000l., I only owed as much as I could pay—after the Derby, last year, I

owed about 10,000l.; I did not attend on the settling day; I was not posted as a defaulter—I was a defaulter on the settling day; 12,000l. was what I owed but I was owed 3,000l. which would reduce it to 9,000l.; out of that Mr. Coyle owed me 340l.—I am not in the army now, I left it in 1846—I left because I wished to leave; Colonel Blois and myself came home together, and I left the army somewhere about July—I was in Canada; I did not there form an acquaintance with Mr. Kennedy, it was before I went I am sorry to say—I went out with him from England—in the course of my acquaintance with him, I won from him about 7,000 guineas, every farthing of which was paid me—I mean to say I am sorry I made his acquaintance—I cannot say what aged man he was when I first knew him—I cannot tell you, on my oath, whether he was more than nineteen; he was not an old man—that is him (looking at him)—I do not know that he had immediately before I made his acquaintance left Addiscombe; I did not know he was there, he had been at Sandhurst with my brother, my brother was at Sandhurst, and I suppose he was about the same age—I did not know that he had a farthing in the world beyond his commission—I did not learn from him on board ship that he had considerable expectations—I began to bet with him in 1843, not on board ship—I do not think I had a farthing bet with him on my way out; to the best of my belief I did not make one bet—I won the 7,000 guineas by a trotting-match which Mr. Kennedy made; it was made with a mare which I brought home from America; her name was Fanny Jenks, in America; I called her Pigeon in England—he said he intended to make use of her as a pigeon—I did not tell Mr. Kennedy I had bought a trotting mare of an English dealer in England—I did not tell him anything about the mare before I made the bet, I was not such a fool—the bet was made a Iong time ago; I have had it brought to my recollection by an indictment; I think it was 100l. she could not trot twelve miles; 200l. she could not trot thirteen; 400l. she could not trot fourteen; 800l. she could not trot sixteen, and so on; 1,600l. she could not trot twenty-two; and 1,800l. she could not trot thirty-two miles within the hour; and, also, 1,000l. she could not trot fifty—that match was to come off the first or second week in January, 1847—that was the mare I brought from America—Kennedy had been in Canada; he had been engaged in gambling transactions, and in betting also; I do not know whether he had heard of Fanny Jenks in America; the first time I heard of her was on my way home—she was a wellknown trotting mare in America; she trotted several matches, and I presume was well known—she was a little amiss for a short time in Dec. 1846—I got a veterinary surgeon to her, and he gave his opinion that it would not interfere with the trotting-match—I did not send my brother to communicate with Mr. Kennedy on the subject—I did communicate with Mr. Kennedy on the subject—I represented to him that the mare was fit to run for a man's life, and I was certain to win the bet—the mare was not lame then, or amiss—I offered to bet 1,000l. to 100l. that she trotted nineteen miles in an hour—I cannot remember the date when she was amiss; she came round again in a very few days, but she has never been engaged since, Mr. Kenned having absconded from England to Boulogne, in debt, he could not trot it—I do not know that Mr. Kennedy left England, ruined by my winning this bet of 7,000 guineas—I can prove that he absconded—he went out in the East India Company's service—there was one indictment against me before he went to India, but I understood he would not appear—I first heard of this indictment the beginning of this year—I forget the month, it was removed on my undertaking to try the case immediately after last term—on the evening of the day before the trial my solicitors withdrew the record—I

received the 7,000 and odd pounds something like a fortnight before the trotting-match was to have come off, which was in Jan. 1846; the money was paid because Mr. Kennedy considered he had made a very good bargain—I fancy it was in the latter part of Jan. I received it—I gave my brother Alexander 500l. of it, and my brother, the clergyman, 500l., which I have often given him since, when I have won large sums of money—my brother, the clergyman, is not on the turf I presume, I fancy my brother, M'Geachy, did sometimes bet for him, but very seldom—I now stand in the position of a gentleman at large.

MR. HUMFREY. Q. You were a defaulter, have you paid the amount? A. All but a few hundreds, which my friends have been good enough to allow me to pay when I like—I should have paid all, but having only 12,000l., and only receiving a guinea a day, I could not pay it—that was not the first time I have lost large sums of money; I paid 2,000l. the year before that—I have now, thank God, the good sense to quit the turf altogether—I am now following the occupation of a married man; I consider that a very respectable occupation—at the time my brother, the clergyman, was at college, my other brother may have betted for him, I cannot say—he was at Magdalin College, Cambridge.

THOMAS ROBERTS . I am a solicitor, practising at Spring-gardens. I have seen Coyle write, and know his writing—I believe the body of this cheque to be his writing, and this letter also.

Cross-examined by MR. JAMES. Q. The signature is not? A. I am no judge—(The cheque was here read—drawn by J. M'Geachey Alleyne, on Cox and Co., Craig's-court, for 360l., payable to F. Coyle, Esq., or bearer.)

GUILTY .— Confined Twelve Months.

Reference Number: t18511027-1865

1865. EDWARD HENRY POYNTZ , feloniously forging and uttering an endorsement to a Bank post-bill, with intent to defraud the Governor and Company of the Bank of England.

MESSRS. BODKIN and HUDDLESTON conducted the Prosecution.

JOHN THOMAS GEORGE DODD . I am clerk to Messrs. Coutts and Co., of the Strand; the firm consists of Edward Majoribanks and other persons. Mr. J. Tomlin kept an account there previous to his death for many years—I received this letter of 13th Feb. (produced), by post, at the Bank, on 14th Feb., 1851—it was handed to me for the purpose of sending him a bill—in consequence of this letter, I prepared instructions for a Bank post-bill for 50l., payable to the order of John Tomlin, Esq.—these are my instructions to the Bank to prepare the bill for that purpose—Messrs. Coutts and Co. had to pay the sum of 50l. to the Bank, and Mr. Tomlin's account was debited with the same, the same day.

ALFRED BENNETT . I am clerk to Messrs. Codd, of Fludyer-street; they have been agents to Captain Poynts for three years. I know the prisoner's handwriting, and believe this to be it.

Cross-examined by MR. CLARKSON. Q. Were you before the Magistrate? A. I was not; I have acquired a knowledge of the handwriting of the prisoner by having been the corresponding clerk to Messrs. Codd, who had an account with the prisoner from 1845 to 1848; but we had correspondence with the prisoner on other subjects, after he left our agency, up to the close of last year—I have seen him write on one occasion certainly, that was March 18th, 1848, but not since that time—I am sorry to say I have no doubt about its being his writing, for I had from seventy to a hundred letters from him—I have heard he is the son of an admiral in the navy, who is dead—I

do not speak from my own knowledge—I have no doubt on the subject—(letter read: "13th Feb., 1851. To Messrs. Coutts and Co. Post-office, Birmingham. Gentlemen,—Be good enough to send me, by return of post, a Bank post-bill for 50l. I remain, yours obediently, J. TOMLIN.")

THOMAS FRANCIS ARMISTEAD . I am a clerk in the Bank Post-bill Office, Bank of England. I received these instructions from the Bank of Messrs. Coutts and Co., dated 14th Feb., 1851; in compliance with which a Bank post-bill, "No. 3006 B," was prepared, payable to the order of John Tomlin, for 50l., value received by Messrs. Coutts and Co.

Cross-examined. Q. Did you see the Bank post-bill yourself? A. No; the cashier delivered it—I did not see it before or after it was made out.

MR. BODKIN. Q. Have you in your hand the instructions of Coutts' house for the issuing that bill? A. Yes; these are the instructions received with respect to a Bank post-bill on that day—I have made a memorandum—here is the number of the note in my writing—I took the number from the cashier's book—the bills are entered numerically, and against the instructions to make a post-bill out for John Tomlin, Esq., I put the number which is in the cashier's book.

COURT. Q. Are any Bank post-bills made out without your orders; do you give instructions for all? A. No, not for all post-bills; I did not do so on that day—I cannot tell who else gave orders—it is a large office—there are fourteen or fifteen clerks—there is a list kept—to the best of my knowledge, it is impossible that any other Bank post-bill to John Tomlin, Esq., was made out that day.

MR. DODD re-examined. I have no doubt this is the bill I sent—I cannot swear to it.

Cross-examined. Q. Did you send that bill? A. I cannot from memory say it was No. 3006; I only sent one bill at that time—I sent a bill to John Tomlin, Esq., on 14th Feb., but you ask me to swear to the number, and that I cannot do.

GEORGE AUGUSTUS BRYANT . I am a clerk to Messrs. Coutts and Co. This is the letter-book (produced)—I copied in it this letter to John Tomlin, Esq., of Birmingham—I posted it—(William Base here produced a copy of the notice to produce, given by him to the prisoner; on Saturday last)—I endorsed in the letter a Bank post-bill for 50l.—the letter was: "Strand, 14th Feb., 1851. We have received your letter of yesterday, and, as requested, in close a 50l. Bank post-bill, payable to your order." Addressed, "J. Tomlin, Esq., Post-office, Birmingham."

JAMES PYZER . I am in the service of John Aaron, a jeweller, of Birmingham. In the early part of March a gentleman came there—I cannot swear to his being the prisoner, it is so long ago—I sold him a silver gilt watch, with a silver dial—I cannot say whether this is it (produced)—this has a gold dial—I made the bargain with the person—he produced a bill—I never looked at it, but delivered it to my master.

JOHN AARON . I am a jeweller, of Birmingham. I was sent for by Pyzer, my shopman, with respect to the sale of a watch—I saw the prisoner there—he said his name was Captain Stanhope; he did not say of what regiment—there are barracks at Birmingham—he did not say where he was living—I took this Bank post-bill from the prisoner, and gave him 40l., the change between the amount of the watch and the bill—"John Tomlin" was on the back of the bill—he wrote on it, "E. H. Stanhope"—this watch has the appearance of the one I sold, but the dial has been gilt.

Cross-examined. Q. Is that watch what is called "a Birmingham?" A.

It is a Geneva watch—I have no doubt it has a number; I have not looked to see; very few are made without—I speak to it, to the best of my knowledge, from its appearance—I handed the paper myself into the prisoner's hand when he wrote on it—my sister was present—she is not here—I had nothing to do with the transaction, except giving change—it was not purchased of me; the sale was by my servant—he was not before the Magistrate, but I was.

MAGNUS BOLK . I am a watchmaker, living in the Western-road, Brighton. In March last I received this silver gilt Geneva watch from the prisoner—he gave the name of Captain Poyntz—it had a silver dial—I gilt it for him.

Cross-examined. Q. Are you sure it was the prisoner? A. Yes; I had never seen him before—he called three or four times—I have no doubt he is the person; I am perfectly satisfied of it.

ROBERT PUZEY . I am a clerk in the house of Coutts and Co. On 19th June, this letter marked "D" came there by the post—(read—"Post-office, Windsor, June 18, 1851. Messrs. Coutts and Co., Strand. Gentlemen,—Be good enough to enclose me, by return of post, two Bank post-bills for 50l. each, which will oblige, and place the same to the account of your very obedient servant, J. Tomlin")—In consequence of that letter, I gave instructions to the Bank of England to prepare two Bank post-bills for 50l.—I did not make up the answer; I only prepared the instructions—these are them (produced)—they are marked "E"—Mr. Tomlins's account was debited with 100l.

T. F. ARMISTEAD re-examined. This paper marked "E" was received on 19th June, from Coutts and Co., and in consequence two Bank post-bills for 50l. each, Nos. 3286 and 3287, were issued; these are them marked "F" and "G"—they are payable to John Tomlin, Esq., or order—I can identify them by my initials on them.

GEORGE BOULTON . I am a clerk in the house of Coutts and Co. I find in this letter-book on 19th June, a copy of a letter transmitted to John Tomlin, Esq., at Windsor, in which were enclosed two Bank bills (reading—"19th June, 1851. In compliance with your request, we send you herein Bank post-bills for 100l., which we trust will reach you safely;" directed John Tomlin, Esq., Post-office, Windsor.

GEORGE CORSBIE . I am a jeweller and watch-maker, at 21, Bath-place, New-road. On 3rd July, the prisoner came and brought this silver-gilt watch (produced); he wanted me to change it for a gold one; he bought a gold watch, and a mosaic brooch, for which he had to pay me 9l. and the Geneva watch—he gave me the Bank post-bill marked "G"—I saw him write this "John Tomlin" on the back of it—I gave him 41l. 10s. change—this gold watch and brooch (produced) are what I sold to him.

Cross-examined. Q. Had you seen the party before with whom you made the exchange? Q. Yes; I speak without doubt; I know him well.

THOMAS FISHER . I am a pawnbroker, of 12, Staverton-row, Walworth-road. On 9th July, this gold watch and mosaic brooch were pawned at my shop—this duplicate produced is the counterpart of the one I hold.

MATTHEW MARSHALL . I am chief cashier of the Bank of England. I received this letter, marked "H," on 10th July—(This was a letter dated 10th July, signed John Tomlin, Post-office, Liverpool, forwarding a Bank post-bill for 50l., and requesting a 50l. note to he returned for it—addressed to the Governor and Managing Company of the Bank of England)—this is the Bank post-bill which was enclosed in it (produced)—for reasons I had, I put myself in communication with Mr. Mullens, the solicitor, in consequence of which this letter was written to the writer; this is the original; it was returned by the

post-office—this letter, marked "K," arrived at the Bank on 16th July—(This was a letter signed J. Tomlin, and dated 15 July, to the Governor and Managing Company of the Bank of England, repeating the substance of the former letter, and begging early attention to it)—in consequence of that, by arrangement with Mr. Mullens, another letter was sent by the deputy cashier Mr. Elsey, but I did not see it.

Cross-examined. Q. Did you send this Bank post-bill? A. Certainly not; it would not be in my department—I do not in the least know who sent it.

WILLIAM FLETCHER . I am the manager of the Branch Bank of England, at Liverpool. On 3rd Sept., 1851, this letter marked "M" arrived there by the post—(This was dated Sept. 1, 1851, addressed to the Branch Bank of England, at Liverpool, requesting them to place the amount of the Bank post-bill for 50l. to the writer's credit at Cocks' bank, Charing-cross, they being duly authorized to receive the same; and signed John Tomlin)—in that letter there was one enclosed marked "L"—read—"Bank of England. Sir,—I am in receipt of your letter of yesterday; a letter was sent to you, addressed to the Post-office, Liverpool, and returned here again, as it had not been called for; I repeat the substance of it, which is to request you to apply at the Branch Bank, Liverpool, for the 50l., it not being considered safe to remit a Bank-note by post."

Cross-examined. Q. I believe it was the first time you discovered that it was not safe to send Bank-notes by the post? A. Not the first time—we only send them when they are asked for.

BRYAN O'ROURE . I am an Irishman, and get my living by going on messages, in Liverpool. I remember being sent to the post-office, at Liver-pool, for a letter, by a gentlemen who met me, and asked me if I wanted a job, and I said yes—I do not know who it was—I do not know the name I asked for; I am no scholar—I got a letter—I do not know the gentleman who took it of me, but he gave me a shilling—after I came from the post-office, a policeman from London spoke to me, and came and stopped in my room some time—it was Whicher—while he was with me, I thought I saw the person who sent me passing my door, but I cannot say it was him; for I am very short-sighted, and it was across the street—Whicher followed him very quickly.

THOMAS BLOOM . I am corresponding clerk in the house of Cocks and Co., bankers. These letters marked "N" and "O," dated Sept. 1 and Sept. 11, were received by me—I cannot say on what dates.

Cross-examined. Q. You were not before the Magistrate? A. No. (The first letter was dated Brighton, 1st Sept., addressed to Messrs. Cocks and Co., signed John Tomlin, and stated that he had directed the Branch Bank of England at Liverpool to place the sum of 50l. to his credit at Messrs. Cocks, requesting that the amount might be sent to him. The second was dated 11th Sept. 5, Cunningham-place, St. John's Wood-road, to Messrs. Cocks, requesting the remittance of a 20l. Bank of England note.)

OWEN EVAN WILLIAMS . I am clerk to Cocks, Biddulph, and Co. I produce the letter of 11th Sept.—I copied a letter addressed John Tomlin, Esq., 5, Cunningham-place, St. John's Wood—this is it—(reading—"Messrs. Cocks and Co. present their compliments to Mr. Tomlin, and with reference to the answer to his letter of the 11th, as he has no account, they will prefer his drawing the amount in one sum.")

WILLIAM BASE re-examined. I received the letter just read, from Messrs. Cocks, and took it to 5, Cunningham-place, St. John's Wood—I saw Emily Smith there, and gave her the letter.

EMILY SMITH . I live at 5, Cunningham-place, St. John's Wood. Mr. Base came there, and gave me a letter; a woman named Mary called for it, and I gave it to her.

Cross-examined. Q. Is Mary here to-day? A. Not that I know of.

HENRY FIELD . On 11th Sept. I was in company with Sergeant Whitcher, of the detective force—I saw a woman come out of 5, Cunningham-place—I followed her to two or three tradesmen's shops in the Edgeware-road, and then to a post-office, 116, Edgeware-road—she entered the shop, and, to the best of my knowledge, got some postage-stamps—she came out with a letter, which she posted in the box outside—I gave information to Whitcher.

Cross-examined. Q. What are you, that go about following women? A. I am an agent of the police—that is the way I get my living—those who employ me pay me—when I am employed by the Commissioners of Police they pay me—I am not employed by them—only one woman came out of the house that morning to my knowledge—it was 2 or 3 o'clock in the afternoon probably; it was not 4, because we were in the City something like 4—it was somewhere from 2 to half-past 3; or as near to 3 as I can say.

JONATHAN WHICHER . I am a sergeant of the detective police. I was instructed to go down to Liverpool on this matter—I left London on the 16th—on the 18th I saw O'Rourke at Liverpool at the post-office—I saw him receive a letter—he spoke to a person—I followed him to his lodging, and remained there some time and saw the prisoner pass—I was called up to the neighbourhood of the Edgeware-road in Sept. last in consequence of information given me by a man named Field, who is engaged in matters frequently in the country when applications are made for detective police, and he is sent down by the Commissioners, and is paid by the parties who employ him—in consequence of what he said, I went on 11th Sept to the post-office, 116, Edgeware-road, and saw a letter taken out of the letter-box, addressed,"Captain Poyntz, 25, Foregate-street, Chester; "it was then posted to go with the rest—there were a great many other letters in the box—I went down to Foregate-street, Chester, that evening, and found the prisoner there—I told him I was an officer, and apprehended him on suspicion of forging the endorsement to two 50l. Bank post-bills in the name of John Tomlin—he said, "I know nothing about it"—I said, "You have received a letter this morning; what have you done with it?"—he said he had thrown it out of window—I searched the room, and found this duplicate (produced—dated July 9th, 1851, for a gold watch and brooch, 5l. 10s., in the name of Mary Britten).

Cross-examined. Q. Are you sure you have told us all he said? A. Yes; all that transpired at the time of his apprehension that related to the case—I did not broach the case at all to him—he did not say, "I intended no forgery"—he said he knew nothing about it—he denied all knowledge of the transaction, and said, "I know nothing about it."

EDWARD WILLIAM STANLEY . I am one of the cashiers of Messrs. Contts. I knew the late John Tomlin; he kept a banking account with them—he was the only person of that name who kept an account there—I am well acquainted with his writing—I should certainly say these letters "A" and "D" are not his writing, nor are the others.

CHRISTOPHER BRASCODEMAR . I was valet to the late Mr. John Tomlin three years and nine months—I remained till his death—he died in my arms on 16th Oct. at the York Hotel, Brighton—I was always in close attendance on him—he was in a very weak state of health; he could not be weaker—I had never seen the prisoner during that time, nor heard his name till I saw it in the paper about 13th Sept, I cannot say exactly, but it was two or three days after we arrived from Brighton—on 18th Dec., 1850, I left London with

Mr. Tomlin—we went to St. Leonard's, and stopped there till 3rd June, when we went to 35, Chapel-street, Belgrave-square, where we remained till 15th July, and then went to Warwick-lodge, 1, Addison-road, Kensington—we then left and came to St. James's-street, stopped there four days, and then gave up the house and went to Brighton, where he remained till he died.

Cross-examined. Q. Were you with Mr. Tomlin when he had an establishment in Leicestershire? A. He never did keep an establishment in Leicestershire—I do not know whether he went to hunt there—he never went there while I was with him—the only time I left him while I lived with him was for two days at St. Leonard's, and his brother was along with him at the time—I had a room of my own at his house—it was not my business to open or shut the door.

JONATHAN WHICHER re-examined. There were three or four remands in this case—I cannot tell the days—it spread over a month.

GUILTY . Aged 36.

(The prisoner was further charged with having been before convicted, to which he pleaded

GUILTY>.

The COURT, however, called Robert Lester, police-inspector, who produced the certificate, by which it appeared the prisoner had pleaded

GUILTY in April last to a charge of forging a request for the delivery of goods, and was imprisoned seven days.)— Transported for Ten Years.

Reference Number: t18511027-1866

1866. JAMES MAPP , burglariously breaking and entering the dwelling-house of Thomas Taylor, and stealing 1 coat, 1 pair of trowsers, and 1 shirt-front, value 10s.; his property.

MR. CAARTEEN conducted the Prosecution.

MARY TAYLOR . I live with my husband, Thomas Taylor, at 11, Fleet-street, Bethnal-green; we rent the front parlour of Mr. M'Mitchell, a policeman. On Monday night, 22nd Sept., we went to bed about 11 o'clock, the parlour-window was down, and I think fastened, but I could not swear to that—I was disturbed by hearing a heavy noise and breath in the room—I told my husband there was a thief—he got up—the window was wide open, and the shutters also—they had been shut when I went to bed, but Dot fastened—my husband's coat, trowsers, and shirt-front were gone from a chair by the window, where he had placed them when he went to bed, and his stock was hanging out of the window—I saw the shadow of a person at the window, but could not swear to him, or see whether he did anything—my husband went for a policeman—these are the things (produced).

CHARLES BULLEN (policeman). On the morning of 22nd Sept. I was on duty in Brick-lane, Spitalfields, about twenty minutes past 2 o'clock, and saw the prisoner standing at the door of No. 3, New Montague-street—that is more than a quarter of a mile from the prosecutor's—he had a bundle with him—he saw me, and walked away fast—I followed, and asked him what he had got in the bundle—he said, "They are my own things"—I asked where he came from—he said from his lodging—I asked where he was going to—he said home—he assured me the things were all right; and if I would go with him to the bottom of the street to Mr. Bailey's, the Halifax Arms, I should have satisfaction that it was right—I went to the door, and Mr. Bailey said he merely knew him by sight—I then proceeded to take him into custody—he resisted very much, and threw the bundle down in a dark place—my brother picked it up and gave it to me—I examined it, and it contained these things.

(The prisoner's statement before the Magistrate was here read, as follows:—"I was never nigh the prosecutor's house; I saw the bundle lying down, and I picked it up."

Prisoner's Defence. I picked it up; I know nothing of the robbery.

GUILTY of Stealing only.Confined Six Months .

Reference Number: t18511027-1867

1867. HENRY HOWARD , feloniously forging and uttering 3 orders for payment of 5l. each, with intent to defraud the Postmaster General: to which he pleaded

GUILTY . Aged 28.— Transported for Seven Years.

NEW COURT.—Wednesday, October 29th, 1851.

PRESENT—Sir PETER LAURIE , Knt. Ald.; Sir JAMES DUKE , Bart. Ald.; MR. RECORDER; and Mr. Ald. MOON.

Before Mr. Recorder and the Fifth Jury.

Reference Number: t18511027-1868

1868. ISAAC GRIFFITH , stealing 1 tame goose, value 3s.; the property of Samuel Strong; having been twice before convicted: to which he pleaded

GUILTY . Aged 22.— Transported for Seven Years.

Reference Number: t18511027-1869

1869. JAMES COOP , was indicted for bigamy.

MR. CHARNOCK conducted the Prosecution.

WILLIAM SMITH (police-sergeant, E 16). I produce two marriage certificates; I have compared them with the book of marriages at St. Michael's, Highgate, and St. Leonard's, Shoreditch—they are true copies—when I took the prisoner he said, "It is no use giving you unnecessary trouble about it, my first marriage took place at Highgate church, in June, 1845; my second at Shoreditch church, last Dec."—I took him at the instance of his second wife—he was at his employ at the time—his wife told me he was not living with her—(The certificates were read.)

WILLIAM HARRISON . I live at Highgate, and am a carpenter. I know the prisoner; I was present on 8th June, 1845, when he was married to my sister Eliza—he is the person who is mentioned in this certificate—she lived with him four years; they had two children—I have kept one of them for a year and ten months, and my sister has the other—the prisoner left Highgate, and I had not seen him for four or five years, till I saw him at Worship-street.

Prisoner. Q. Was your sister at your house in 1847, on the 24th, 25th, 26th, and 27th of July; the 24th of July was the first date she left me. A. I do not recollect, for my father was alive, and I did not take any heed of it—I remember her coming to see my father—I do not recollect her sleeping at all—I have lived in Highgate all the time—they left and went to live somewhere in town.

ISABELLA REYLANCE . On 22nd Dec. last I was married to the prisoner at Shoreditch church—I had known him for about eleven months; he was lodging at my sister's—he represented himself to be a single man—I had not been married before—I lived with him about seven months; during that time I never heard that he had been married—I have had one child by him, which is four months old—I was in a very good situation, as servant-of-all-work—I did not hear the prisoner had been married, till the Sunday before he was taken into custody—I was not living with him then—I had left him because he would not provide a home—I had no food nor coals in the house—he would pay no rent, my mother lent me money to pay.

COURT. Q. Where were you living with him? A. At 23, Drummond-street—he wanted me to go into furnished lodgings, and I would not—my sister lent me some goods—I knew how the rent was going on, I got my mother to lend me some money to pay.

Prisoner. Q. At the time you left me, where did you go? A. To my sister's—I had had nothing to eat for two days but a bit of dry bread—you

came to me one Sunday morning, and told me there was 1s. 6d. in your waistcoat-pocket, and that was all you brought to pay 7s. 6d. for three weeks rent, and I had nothing in the place—that was about seven months after we were married—you were in bed at the time I took the 1s. 6d.—you knew I was going away—I told you on the Friday that we should part, and I would never live with you again.

COURT. Q. When were you first aware that he had been married before? A. Not till the Sunday before I gave him in charge on the Monday, that was on 22nd Sept.—I had been in a good situation—I had not saved any money—I told him that I had not—he promised me that after we were married I should have 35s. a week regularly—he told me he was at work—he debarred me from going to his place where he was at work, as his master did not know but he was a single man—I left my situation because he wished me to do so.

Prisoner's Defence. This wedding was brought about by an elder sister of hers, who keeps a tobacconists and newspaper shop in Leather-lane; it was at her request I went to lodge there, she thought I was paying my addresses to her, but when she discovered that it was to her younger sister, her resentment knew no bounds; my second wife asked me whether she should leave her situation or give up my company, as her mistress had told her if she kept my company she must leave; I told her she had better consult herself; I did not wish to meddle with family matters; I found her a lodging, where she was for some time; she gave me to understand she was likely to become a mother, and I consented to marry her, and the marriage took place; my first wife was in the habit of keeping company with a man named Jarius, a horse-conductor, and another named Crawford, who met her on particular occasions—she bad been an abandoned woman.

GUILTY . Aged 39.— Confined Eighteen Months.

Reference Number: t18511027-1870

1870. SAMUEL COLLIER , was indicted for embezzlement.

JAMES VAUGHAN . I am a carpenter and builder, and live in the Curtain-road, Shoreditch. The prisoner was in my brother's service—I owed my brother 6l.—I gave a 5l. note, and a sovereign to my apprentice, Hunt, to take to my brother on the 4th of Oct., about 1 o'clock in the day.

Prisoner. Q. What instructions did you give your apprentice? A. I told him it was money, and he was to take it on to my brother—I did not receive any receipt for it—I sent it by the lad that I am in the habit of trusting with money.

JAMES HUNT . I am apprentice to the last witness. On 4th Oct. I received some money from him, wrapped in white paper; I gave it to the prisoner in the same state in which I had it from my master—I told him to give it to Mr. Vaughan—he was behind the counter in Mr. Vaughan's shop at Aldgate—it was about 20 minutes past 1 o'clock—I told him I brought it from my master; he opened the paper and I saw there was a note, I do not know of what amount, and a sovereign—I did not see any one else behind the counter.

Prisoner. Q. I think I understood you to say that I was to give it to Mr. Vaughan? A. I did not see Mr. Vaughan in the shop, and I gave it to you—I had no receipt, I was told not to wait for any answer—I knew about 3 o'clock that same afternoon that you were going to leave Mr. Vaughan, and I heard of the money being missed the same afternoon.

COURT. Q. Was there any other person in the shop? A. I did not see any one else behind the counter, there was a lady being served, and another lady came in.

WILLIAM ABNER VAUGHAN . I am a draper, and live at 19 and 20, Aldgate. The prisoner was my shopman on 4th Oct.—he gave notice of leaving on that day, about half-past 1 o'clock or a quarter to 2—it was our dinner-hour, when the greater part of our young persons were out of the shop, the prisoner and one more being left in it—the prisoner came down to dinner with the second party; he spent but a short time—he hastened out of the room in one or two minutes—he returned again and appeared very much agitated, stating that a messenger had just come up from Oxford, saying that his brother-in-law had died suddenly, that his sister had been confined about a month, and was dangerously ill, and he hardly knew what he was saying or doing—seeing that he was so much excited, and supposing what he told me was the truth, I asked him what he wished to do; whether he wished to leave at once—he said if I would allow him to leave under these circumstances, he would be very much obliged to me—I said, "Certainly," and in the course of two or three minutes I came up in the shop and paid him his salary due to him to that day, which was 11s. 6d.—his wages were 11s. 6d. a week, and he had his board and lodging—he lived in the house entirely—I had not heard before of his intention to leave, but I had intimated to him that he would not suit me—I had not given him notice, for he had promised to try to do better, and to please me, as the situation was very comfortable, and he wished to stay in it—my brother owed me 6l.—the prisoner in the course of his duty was in the habit of receiving money for me over the counter—I cannot call to mind that he received any debts for me, but he was in a position so to do if a person had called to pay debts in the regular course of business—if he received money for me across the counter, it was his duty to take it to the desk, or to give it to me—he did not on that day, or at any time afterwards, give me 6l. that he had received from my brother.

Prisoner. Q. Is it a rule in the trade to give any warning? A. Yes, if you mean to tell a young man he is to leave the situation—it is not usual to give a week or a month's warning—the general rule is, to tell a young man he will not suit, and to pay him and dismiss him—it was not my intention to dismiss you that Saturday night—I had not engaged a young man to come in the following week—it is a rule, that from the opening of the shop till the close of it, there shall not be less than two young men in it—I have no recollection of any of the young men being absent at that hour.

COURT. Q. How came there to be but one young man in the shop during that dinner-hour? A. The prisoner and a young man named Edgar were left in the shop; but Edgar broke the rule; he came into the dining-room to ask me a question, and I detained him about two minutes.

Prisoner's Defence. I am perfectly innocent of this charge; I have elicited that it was one of the most positive rules, that not less than two young men should be left in the shop, nor do I recollect that it was left with only one—I recollect during that dinner-time I was relieved by Mr. Edgar, with a lady that I had had a long time; and if the apprentice came to the shop, and paid the money, it was next to an impossibility that he could have paid it without being seen by a second party; and he knew that I was going to leave, two or three hours before he heard any inquiry about the money; I had sometimes very much larger sums pass through my hands; what temptation was 6l. to me, to what it was to a youthful apprentice; and is it usual for any one to pay a sum of money without a receipt, or seeing it booked, in any way? I leave my case in your hands; I speak as unto wise men, judge ye what I say.

GUILTY . Aged 27.— Confined Nine Months .

Reference Number: t18511027-1871

1871. SAMUEL COLLIER was again indicted for unlawfully obtaining goods by false pretences.

FREDERICK EDWARD EVANS . I am assistant to Wynne Ellis, and Co. general warehousemen, in St. Paul's Churchyard. Mr. William Abner Vaughan is a customer of theirs—on 9th Oct. the prisoner came to my employers' with a pattern of black velvet, and said he wanted four yards to match it, for Mr. Vaughan, of Aldgate—I had not known the prisoner before, but I knew perfectly who he meant by Mr. Vaughan—he mentioned the price, 11s.—I served the four yards of velvet, and gave it to a lad to take down to our entering-room, for the clerk to make the invoice.

CHARLES POMEROY . I am assistant to Mr. Ellis, and am engaged in the entering-room. I remember delivering four yards of black velvet to the prisoner—I knew him by sight, by coming from Mr. Vaughan's before—I should not have given it him if I had not known him as coming from Mr. Vaughan's—I gave him an invoice—the four yards of velvet had been brought down-stairs by a lad.

SAMUEL HARMAN . I am assistant to Messrs. Mitchell, who are Scotch and Manchester warehousemen, in Friday-street. The prisoner came there on 9th Oct.—I had seen him once before, when he had brought back a lady's robe from Mr. Vaughan's, of Aldgate—he said he wanted a robe the same as Mr. Vaughan had had a few days before from us—I showed him two nearly alike—they were made of linen and woollen, and embroidered—he said he would take the two, as he was not certain which of them would match the one that Mr. Vaughan had at home—I allowed him to take them both—he said he would return one the next day, without Mr. Vaughan would like to keep it for stock—he said they were to be charged to Mr. Vaughan, of Aldgate—he did not come back the next day—I should not have delivered them to him if he had not represented himself as coming from Mr. Vaughan's—Mr. Vaughan was a customer of our house.

CHARLES HAYDON . I am warehouseman to Messrs. Rogers; they are general warehousemen, in Watling-street; Mr. Vaughan was a customer of ours. I remember the prisoner coming on 12th or 13th Oct., about half-past 5 o'clock in the evening—he said he wanted a piece of cloth similar to what he had had a week previous, and he came from Mr. Vaughan's—(I had seen him about a week previously, when he had got some cloth from us for Mr. Vaughan)—I had received information, and I declined to let him have the cloth—I raised an objection as to the light; it being late in the evening, I told him he could not see the colour—he left, and I followed him into Cheapside, and gave him in charge.

Prisoner. Q. Did I come to you, or to another party? A. There were two of us there; I do not know whether you addressed yourself to me—you said you wanted a piece of cloth, and on leaving you said you would come and bring a pattern the next morning.

CHARLES ABNER VAUGHAN . I am a draper, in Aldgate. The prisoner left my service on 4th Oct.—I did not send him on 9th Oct. to Messrs. Ellis for four yards of velvet, or to Messrs. Mitchell's for two robes, or to Messrs. Rogers for cloth on 13th Oct.—he was not in my service then.

GUILTY . Aged 27. Confined Nine Months more.

Reference Number: t18511027-1872

1872. WILLIAM WILMSHURST and GEORGE COUSINS , stealing one watch and stand, value 2l. 1s.; the goods of Esther Hooper: to which WILMSHURST pleaded

GUILTY . † Aged 20.— Confined Six Months.

ESTHER HOOPER . I live in Artillery-lane, Bishopsgate, and keep a grinder's shop: I sell nails. On Wednesday, 8th Oct., Cousins came in and asked for a 1/2 d.-worth of nails—it was about 6 o'clock—I had a candle alight in my shop—while I was getting him the nails, my kitten cried out, which induced me to look round, and I saw Wilmshurst come out of my room, which is on the same floor with my shop, with my watch and stand in his hand—I had seen my watch all day—I had left it in the room when I came out to serve the nails—Wilmshurst went out—I followed him to the end of the street, but did not catch him—I did not cry, "Police!" as there was nobody about at the time—I went back home, and found there was no one there—the nails were in the scale as I had left them—I went to the station—I did not leave my shop above a minute or two—my daughter was up-stairs—I knew both the prisoners before, by seeing them about the neighbourhood—I had not seen them together before—I had seen Wilmshurst about with fruit.

JOHN DUNSTEAD . I am a porter, and live in Yawl-street, Gravel-lane. On that Wednesday evening I saw the two prisoners in a house in Field's-place, two or three doors from where I live—it was from 7 to 9 o'clock in the evening—Cousins offered me a watch for sale—he asked me 8s. for it—he said he was a tradesman out of work—I bought it; and on the Saturday, when I came home, about 12, I heard that a watch was stolen, and I took it to the station, and gave it to the policeman—this is the watch.

Cousins. I did not sell the watch to him.

WILLIAM JERVIS (City policeman, 614). I took Wilmshurst into custody, at Rose and Crown-court, Half-moon-street, Bishopsgate—I then went to 1, Foster-street, and while I was there Cousins came in—I told him I wanted him, for being concerned in stealing a watch from Artillery-lane—he said he knew nothing about it—I received this watch at the station—it had been left there by the last witness.

ESTHER HOOPER re-examined. This is my watch—I have had it twenty or thirty years.

Cousins' Defence. I am not guilty; I was not with him at the time it was done.

COUSINS— GUILTY . Aged 18.— Confined Six Months.

Reference Number: t18511027-1873

1873. GEORGE BENNETT , stealing 181 yards of mohair and Worsted plush, value 31l.; the goods of Joseph Hornby Baxendale and others; having been before convicted: to which he pleaded

GUILTY . Aged 31.— Transported for Seven Years.

Reference Number: t18511027-1874

1874. JOHN PEARSON , unlawfully obtaining, by false pretences, 2 watch-movements, value 2l.; the goods of Henry Lazarus: to which he pleaded

GUILTY . Aged 26.— Confined Fifteen Months.

Reference Number: t18511027-1875

1875. JAMES DORAN , stealing a pocket-book, value 6d.; the goods of George Lythall Crockett, from his person.

MR. BIRNIE conducted the Prosecution.

JAMES MOTT (policeman, L 186). On 30th Sept. I was at the Old Shades-pier, near London-bridge, about half-past 6 o'clock in the evening—I saw the prisoner take this pocket-book out of a gentleman's pocket—I took it out of his hand, and took him into custody—he was perfectly sober—he was very violent, and tripped me up on the pavement—I was hurt in my hip, and was laid up for a week, and was not able to do any duty—I feel it now—I got assistance, and look the prisoner to Bow-lane station.

Cross-examined by MR. BALLANTINE. Q. Are you quite certain he was sober? A. Yes; I do not think he had been drinking at all.

GEORGE LYTHALL CROCKETT . I live in Charlwood-place, Pimlico. This is my pocket-book, I have no doubt—I had not purchased it twenty minutes before the robbery—about 20 minutes-past 6 o'clock, in Cheapside, I put it into my coat-pocket, and went to the Shades-pier, to take a return boat—I did not feel the book leave my pocket—it was raining at the time.

GUILTY . Aged 35.—(The prisoner was also charged with having been before convicted; to which he pleaded Guilty.)— Transported for Ten Years.

Reference Number: t18511027-1876

1876. JOHN EDWARDS , stealing 42lbs. weight of butter, value 2l.; the goods of Francis Caister.

MR. COOPER conducted the Prosecution.

JAMES HALL (City policeman, 218). On 6th Oct. I was on duty, at 8 o'clock in the morning, in the Old Bailey—I saw the prisoner going down Fleet-lane, with this flat on his shoulder—I went after him, and stopped him in Bear-lane—I said, "Bring this back"—he said, "What for?"—I said, "Where did you get it from?"—he said, "It is not likely I should tell you"—I said, "I shall take you in charge"—he said, "If you do you shall carry it; I will be d—d if I do"—he chucked the flat down, and threw it almost on me—I took him to the station.

Cross-examined by MR. PARRT. Q. Did he tell you that a person had given it him to carry, and he was to have a shilling for the job? A. No; he did not say that at any time—he was in Bear-lane when I stopped him—there is a public-house at each corner—Newgate-market is open at 2 or 3 o'clock in the morning, I believe.

FRANCIS CAISTER . I am a cheesemonger, in Sloane-street, Chelsea. On the morning of 6th Oct. I went and saw this flat at the police-station—it contains 42lbs. of butter—it is worth 2l. 1s. 6d.—I had bought this and two other flats in Newgate-market that morning—I employed a man named Jones to carry it to the cart.

Cross-examined. Q. Was there any private mark on it? A. Yes; I had fixed a mark to the butter—there is no mark on the basket, but there is a peculiarity in the tying of it, which I had done myself—I made the mark on the butter with my fingers.

HENRY JONES . I am a porter. I was employed about 3 o'clock that morning to take the flats of butter for the prosecutor—I took two to the cart, and returned for the third—I then missed one of the two I had carried before.

Cross-examined. Q. How long have you been employed there? A. Four or five months: I job about there—there are many persons about waiting for jobs—I never saw the prisoner till he was at the station—it is common for persons to say to a person they see about, "Carry this," and they do so.

GUILTY . Aged 20.— Confined Six Months.

THIRD COURT.—Wednesday, October 29th, 1851.

PRESENT—Sir WILLIAM MAGNAY , Knt., Ald.; Sir WILLIAM CUBITT , Knt. Ald.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Seventh Jury.

Reference Number: t18511027-1877

1877. JOHN CROOKBANE , stealing 1 handkerchief, value 3s.; the goods of Charles Frederick Strange, from his person: to which he pleaded

GUILTY . Aged 17.— Confined Four Months.

Reference Number: t18511027-1878

1878. DENNIS BURKE, JOHN NELHAMS , and THOMAS AGAR , stealing 1 handkerchief, value 1s.; the goods of a man unknown, from his person.

MESSRS. RYLAND and LOCKS conducted the Prosecution.

JOHN Moss (City-policeman, 225). On Wednesday evening, 8th Oct., between 6 and 7 o'clock, I was on duty in plain clothes in Holborn, and saw the three prisoners there—I saw Agar go and touch a lady's pocket—he then stopped and sent Burke on in front, and he and Nelhams followed—Burke lifted up the lady's dress, tried the pocket, and turned back to Agar again—Agar sent him back a second time, but he did not succeed in getting anything—they then all three went on as far as Holborn-bars, where there was an obstruction caused by an omnibus—Burke there put his hand into a gentleman's pocket, drew out a handkerchief, and passed it to Nelhams, who went on ahead with it—I then came up with Agar and Burke, and took them into custody; as I was taking them to the Smithfield station Agar sent two or three boys, one to Plumtree-court, one to Field-lane, and one to St. John's-court, and said to them, "Go and tell them that I am nailed; tell Mary Paton"—I know Mary Paton well—she and a number of other girls came, and I gave Agar into Hewitt's custody—when the girls came, Burke began struggling to get away, but I secured him and took him to the station—I did not see Nelhams again that night—he was afterwards taken outside Guildhall—I have known them all three or four years, and have frequently seen them together.

Cross-examined by MR. O'BRIEN. Q: Were you on the same side of the street? A. No; I crossed over to them after they tried the lady's pocket—when they went to the gentleman's pocket I was on the same side, three or four yards off them—there was a crowd, but this happened outside of it—I did not speak to the gentleman—I asked if there was any one present who had had their pocket picked—I said that loud enough for him to hear, but he went on without taking any notice, and I lost him—the boys' backs were towards me—Nelhams and Agar stood nearly behind Burke.

CHARLES GREEN . I am a porter, and live at 3, Meeting-house-court, Water-lane. On the evening of 8th Oct., about 7 o'clock, I was in Holborn, and saw the three prisoners there—I have known them all for eighteen months or two years—I saw Burke try a lady's pocket; the others were close behind him—I do not think he succeeded—he came back to the other two, and they then all went on as far as Gray's-inn-lane, where Burke went close behind a gentleman and took something from his pocket, which, I believe, was a handkerchief—the others were close behind him, and he gave the handkerchief to Nelhams, who made off with it; and when I turned round I saw Burke and Agar in Moss's custody.

Cross-examined. Q. Where are you a porter? A. I have no regular place—I occasionally work at the Royal Hotel; the last time I did so was a fortnight ago—I was not at work on this day—about three weeks ago I worked in Earl-street—I was about two yards off Burke when he took the handkerchief—the other prisoners were immediately behind Burke—there was no one between me and them—I first saw them near Castle-street, and followed them, taking notice of them—I should have told a policeman, if I had seen one—I have been a witness about twice before within the last twelve months—it may be three times; it is not five times; they were all regarding what I had seen in the streets.

GEORGE MOLYNEUX (City-policeman, 293). I took Agar at Bartlett's-buildings, Waterloo-road, and also took Nelhams outside the Court at Guildhall on the day Burke and Agar were examined.

BURKE— GUILTY . ** Aged 11.— Confined Twelve Months .

NELHAMS— GUILTY . ** Aged 17.

AGAR— GUILTY . ** Aged 17.

Transported for Seven Years.

Reference Number: t18511027-1879

1879. JOHN JOHNSON , unlawfully uttering counterfeit coin.

NOT GUILTY .

Reference Number: t18511027-1880

1880. CHARLES CULLINGWORTH , for a like offence.

NOT GUILTY .

Reference Number: t18511027-1881

1881. JOHN MURPHY and MARTHA MURPHY , for a like offence.

MESSRS. BODKIN and CLERK conducted the Prosecution.

BETSY BARTLETT . I am daughter of James Bartlett, of New-road South Mims. We sell bread—on 20th Oct. the male prisoner came to the shop for a half-quartern loaf—he gave me a shilling in payment, which I gave to my mother—he then asked if we had any lodgings to let—I asked for how many he wanted, and he said himself and a woman—I showed him the kitchen; and when he came back into the shop, my mother said it was a bad shilling he had given me, and I believe be gave her back the 91/4 d. change I had given him, and left the shop—I then went to the door, and saw the female prisoner standing about fifty yards off—she then followed the man down the street.

JEMIMA BARTLETT . My girl gave me the shilling—I examined it, and found it was bad—I told him it was a bad one—he said he did not know it, and gave me back the change—I followed him, met a policeman, gave him the shilling, and gave the prisoner into custody.

THOMAS YOUNG BRETT (policeman, S 141). Mrs. Bartlett gave me this shilling (produced), and pointed out the male prisoner to me—another constable took him, and I took the woman, and asked her what she had in her hand—she made no answer—I opened her hand, and found in it this old purse and this shilling under her thumb (produced)—there was nothing in the purse.

WILLIAM WEBSTER . These shillings are both bad.

JOHN MURPHY— GUILTY . Aged 27.

MARTHA MURPHY— GUILTY . Aged 26.

Confined Six Months

Reference Number: t18511027-1882

1882. JOHN WHITELOCK , for a like offence.

MESSRS. BODKIN and CLERK conducted the Prosecution.

MARY GILLETT . My mother keeps a sweetmeat-shop, in St. Clements-lane. About four weeks ago the prisoner came for two bottles of ginger-beer—they came to 4d., and he tendered me a half-crown in payment—my mother took it up—I gave him the change and he went away—about half an hour after he was gone, my mother gave me the half-crown to get change—I then ascertained it was bad—it had been lying on a shelf behind the counter, where there was no other money, in the mean time—I afterwards marked the same half-crown, and gave it to Gentry a few days ago.

Cross-examined by MR. RIBTON. Q. Were there many people in the shop that day? A. No; we do not keep our money on this shelf, but we gave all the money out of the till in change for this half-crown, and my mother put it on the shelf till I went to get it changed, and they refused to change it—it

laid on the shelf afterwards for four weeks—persons who come to our parlour pass through the shop—when I first saw the prisoner again afterwards, I said his features were very much like the man, but on looking at him again I said it was him—I have no doubt he is the man.

LUCY GILLETT . I am the last witness's mother—I recollect the prisoner coming and passing the half-crown—I am sure he is the man—I put the half-crown on the shelf, and afterwards sent my daughter to get it changed—I am sure it was the same; I had no other—my daughter came back, and told me something about it—I then found it was bad, and I put it on the shelf again till I showed it to the policeman.

HANNAH GROOM . I keep the Fountain public-house, Searle's-place. About a month ago the prisoner came and asked me if I would take some small change of him—I said I would have 1l. worth, as I was short—he counted out some silver, but had not sufficient—I saw that he had five half-crowns, and one of them was bad—I took it up, tried it, and told him it was bad—he then left the house, taking it with him—on Saturday night, 18th Oct., he came again for some gin and beer, which came to 51/2 d.—he gave me a half-crown which was quite soft, and I bent it nearly double in the detector, I told him it was bad—he gave me a good one and took the bad one away.

THOMAS READING . I keep the Seven Stars, Carey-street. On Saturday night, 18th Oct., about half-past 9 o'clock, the prisoner came for half-a-quartern of gin, and threw down a half-crown—I saw it was bad, tried it in the detector, and gave it him back—he then gave me another.

HANNAH BRADBROOKE . My father is a butcher, in Middle Searle's-place. On Sunday morning, 19th Oct., the prisoner came and asked for a piece of bacon—it came to 21/4 d., and he tendered me a half-crown—I saw it was bad directly, and tried it with my teeth—I told him it was bad, and that it was no use bringing bad money there—I kept it, and he said he would summons me for it if I did not give it him—I refused, and he wanted the bacon, but I would not give it him—my father sent for a constable, and the prisoner left; I followed him to where he lived, and he was taken—I marked the half-crown and gave it to the constable.

JOSEPH GENTRY (policeman, F 150). I went with the last witness, and took the prisoner at 14, Lower Searle's-place. I told him he was charged with passing a bad half-crown—he said he did not know it was bad—this is the half-crown I received from Miss Bradbrook, and this other I received from Lucy Gillett (produced,)

Cross-examined. Q. Has not this William the Fourth half-crown been rubbed a good deal? A. I have had it in my pocket, wrapped in paper.

WILLIAM WEBSTBR . These half-crowns are both bad.

GUILTY . * Aged 32.— Confined Twelve Months,

Reference Number: t18511027-1883

1883. JOHN GOODAY , for a like offence.

MR. CLERK conducted the Prosecution.

HARRIET CHASE . My brother is a beer-seller, in Meadow-street. On 14th Oct., about 4 o'clock, the prisoner came for half-a-pint of beer, which came to 1d., and he gave me a half-crown in payment, which I put into the till; I gave him the change, and he left—I put no other half-crown in the till that evening, or any one else; there was no one but me attending to the shop—next morning, my brother went to the till, and said something to me about the half-crown—that day the prisoner came again for half an ounce of tobacco, which came to 13/4 d., and he gave me a shilling in payment, which I put into the till—there were no other shillings there—about two hours after.

my brother drew my attention to the shilling—I had not put in any other shilling in the meantime—I then put the shilling with the half-crown on the mantel-piece—on the 18th, the prisoner came again for half an ounce of tobacco, and gave me a shilling in payment, which was bad—my brother took it up, and bent it, went after the prisoner who had left the shop, and brought him back, when he snatched the shilling from the counter—my brother let him go, followed him down the road, and gave him in charge.

WILLIAM CHASE . I am a beer-seller. On 15th Oct., about 7 o'clock in the morning, I went to the till, and took out a bad half-crown—I showed it to my sister, and she took it up to my room, where it remained till I gave it to the officer—I had not been at home the day before—on the evening of 15th, I went to the till, and found a bad shilling there, which I put with the half-crown—on 18th, the prisoner came to the shop, and I watched him lay down a shilling on the counter; I took it up, and found it was bad—he went outside the shop, and I went and brought him back—I threw the shilling down on the counter, to show him it was bad, and he snatched it up—I told him to lay down the change he had had, and the tobacco, and he did, and said be would have a pennyworth of tobacco—I followed him a quarter of a mile, when he joined another man—I then met a policeman, and gave them both in charge—I have not seen the last shilling again; I gave the other one and the half-crown to Holmes.

THOMAS HENRY HOLMES (policeman, N 476). I took the two men into custody on 18th, and received this shilling and half-crown (produced) from Mr. Chase—I found 2s. 10d. in good money on the prisoner.

WILLIAM WEBSTER . This half-crown and shilling are both bad.

GUILTY . Aged 21.— Confined Three Months.

Reference Number: t18511027-1884

1884. ALFRED ASHBY , for a like offence.

MR. CLERK conducted the Prosecution,

THOMAS BULL . I keep the Three Tuns, in Moore-street. On 13th Sept., between 2 and 4 o'clock, the prisoner came for a quartern of gin, and brought a bottle with him—it came to 4d. and he gave me a half-crown—I gave him the change, and he went away—I put the half-crown in the till; there was no other there—a short time afterwards, my barman called my attention to it; put it into the detector, and it broke in two—no other half-crown had been put into the till in the meantime—the prisoner came again in the evening; I knew him directly—my barman served him with a quartern of gin, and he gave a half-crown in payment—the barman put it in the detector, bent it, and told the prisoner it was bad—I then said he was the same man that had brought me the other one, and threatened to give him into custody—I gave him in charge—my barman gave the two half-crowns the policeman, in my presence.

Prisoner. Q. How did you know me again? A. You were dressed the same, and the bottle you brought was the same.

CHARLES PHELPS . I am barman at the Three Tuns. I went to the till, found the half-crown there, and broke it in two—between 9 and 10 o'clock that evening, the prisoner came for some gin in a bottle—I served him; he gave me a half-crown, which was bad—I put it in the machine, and it bent—I gave them both to the constable.

JAMES CRABB (policeman, F 132). I received these two half-crowns (produced) from Phelps—I found no money on the prisoner.

WILLIAM WEBSTER . These half-crowns are both bad.

GUILTY . Aged 17.— Confined Six Months.

Reference Number: t18511027-1885

1885. ROBERT HEMMINGS , stealing 2 half-crowns, 2s., 6d., and 2d.; the moneys of Joseph Bellhouse, from his person.

JOSEPH BELLHOUSE . I have known the prisoner six or seven years. On 28th Sept., I was drinking with him at the Bell, beer-shop, Fryern Barnet; we went there between 12 and 1 o'clock—I paid for some beer we had, and the prisoner saw me put my money, two half-crowns, two shillings, a sixpence, and twopence, in a pocket inside my jacket—I buttoned my jacket up again, and went to sleep—we were sitting on a settle, alongside each other, in a little back-yard—there was no one else there—when I woke up, the prisoner was standing before me, with his hand in my pocket, and my jacket was unbuttoned—I asked him what he was doing with his hand in my pocket, and he said he was looking for a pawn-ticket, which he was afraid I had lost—there was a knife, comb, and some tickets on the seat by my side, which had come from my pocket—there was no one else there—I had a pawn ticket in my pocket, but it did not belong to him—he went away directly after that, and about twenty minutes after that I went home—when I had been at home a little while I missed all my money—I had not been anywhere in the meantime, or been asleep again—I then went in search of the prisoner, and found him in bed—it was a long time before he would come down to me; when he did, I asked him if he had got my money—he said no, he had nothing of mine; and be only had a shilling the first thing in the morning—he had paid for a pint or two of beer, and I had lent him sixpence, as he said he had no money—I was quite sober, and the prisoner also.

Prisoner. Q. Did not we have eleven pots of beer between four of us? A. No, nothing like it—there were four of us for about half an hour—there were only our two selves when I went to sleep; I did not awake till nearly 4 o'clock—I did not lose a duplicate, and afterwards find it in my pocket; I did not ask you if you knew where the ticket was—I did not take the knife and comb out myself—I lent the other two men a shilling each—I did not tell you I had lost the duplicate I had bought of you.

WILLIAM CREW . On 28th Sept., between 4 and 5 o'clock, I was at the Black Horse, Barnet. The prisoner came in with two or three others, called for a pint of beer, and paid for it—I saw a sixpence and a half-crown in his hand.

RALPH HERRON (policeman, S 106). I took the prisoner. While he was dressing, I saw him through the window, put his hand in his pocket, and pass something to Mr. Freeman, his landlord, who put it on the mantel-piece—he then came down, and Bellhouse asked him if he had his money——he said he had no money at all—Bellhouse said he must have it, as he was the only man there, and he had his hand in his pocket—the prisoner denied having had his hand in his pocket, but afterwards said Bellhouse gave him leave to do so, to look for the ticket—I asked him what he had given to the landlord, and he said, "Nothing"—he said he had only had a shilling in the morning, and that he had spent—I took him to the station, went back to Mr. Freeman, and he gave me 1s., 6d., a 3d.-piece, and threepence—the prisoner was sober.

GEORGE FREEMAN . I am landlord of the house where the prisoner lives. On this day the prisoner was called up from bed, and while dressing he gave me 1s., a 6d., a 3d.-piece, and threepence, which I afterwards gave to Herron.

Prisoner's Defence. I had 4s. in my pocket in the morning; 1s. 6d. Bellhouse gave me for the ticket, and he lent me 6d.

GUILTY . Aged 37. He was further charged with having been before convicted: to which he pleaded Guilty.— Confined Twelve Months.

OLD COURT.—Thursday, October 30th, 1851.

PRESENT—Mr. JUSTICE MAULE; Mr. JUSTICE CRESSWELL; Sir PETER LAURIE , Knt., Ald.; Sir JAMES DUKE , Bart., Ald.; and RUSSELL GURNEY , Esq.

Before Russell Gurney, Esq., and the Fourth Jury.

Reference Number: t18511027-1886

1886. CHARLES CATHERALL and MICHAEL KALEY , feloniously breaking and entering the dwelling-house of Charles Emms, and stealing there in 1 coat, 1 sheet, and 5 pinafores, value 14s. and 3 shillings in money; his property.

ELEANOR EMMS . I am the wife of Charles Emms, and live at 21, Booth-street, Mile End New-town. On Monday, 29th Sept. I went out about half-past 11 o'clock in the morning—I left my drawers all shut and locked, and the door was well secured—I observed two boys on the opposite side of the way as I went out; I did not take particular notice of them—I should not know them again—I returned again about ten minutes before one, and found my door open; my drawers were all open—I missed 3s., and the clothes were taken out of the drawers and packed up on a chair, ready the taken away.

Catherall. Q. Had you ever seen me before? A. I saw a boy of your description about the door on the Sunday evening.

SARAH STARKIE . I live in the same house with last witness. On Monday morning, 29th Sept., I went out about 5 minutes before 12 o'clock—I slammed the street-door after me, but cannot say whether it fastened—I returned about twelve minutes after twelve—I saw the prisoner Kaley on the opposite side of the way—I did not take any notice of him, but when I got in the passage I saw Catherall there, (the street-door was open) he had nothing with him—I asked where he had been to—he said, "In the yard," and ran by me—I called to my mother to mind the place while I went to look after him—I could not find him, and I told the policeman, and he found him in the afternoon.

Catherall. Q. Was I not with my brother, and did not my brother have some water in his hand? A. Yes; I cannot say whether you were in the room.

Kaley. I was not on the opposite side of the way, I was on the same side; she asked me, "Do you want Jack" that is, Catherall's brother; I said, "No;" she went up-stairs, and I went home.

JONN HAWKES (policeman, H 195). In consequence of information from last witness, I went in search of the prisoners—I met them in Hunt-street, about 4 o'clock—I had known them previously by sight—I took them into custody; I told them I wanted them for a robbery—they said they knew nothing about it—I found on Kaley this auger—I found no marks of its having been used—I found no money on them.

Catherall's Defence. I know nothing at all about it.

Kaley's Defence. I know nothing of the robbery.

(Catherall received a good character.)

NOT GUILTY .

Before Mr. Justice Maule.

Reference Number: t18511027-1887

1887. WILLIAM SCADDEN , feloniously killing and slaying John Thomas Taylor; he was also charged on the Coroner's inquisition with the like offence.

MR. HUDDLESTON conducted the Prosecution.

ROBERT CREASE . I was in Type-street, St. Luke's, on Saturday, 18th

Oct., and saw the prisoner, and Taylor the deceased, having words—I heard Taylor say to the prisoner that he (Taylor) was worth 3s. a day—Scadden told him he ought to be ashamed of himself to repeat such a thing—Taylor said something else to him, and Scadden said if he repeated that again he would knock him down—I did not hear Taylor repeat it, but I suppose he did, and Scadden hit him with his right fist under the left ear—his hat fell off on his right shoulder, and fell on the ground, and then he staggered right across the road, and fell on the opposite side—he first fell against the corner of the window and broke one pane, and then fell on the ground on the flat of his back—he was taken to a surgeon's, and found to be dead—Scadden walked down Type-street, to about the middle, and then returned again—I heard Mr. Catchpole say to him, "For God's sake, do you know the man, help us to convey him to a doctor's shop, he is either dead of dying"—Scadden replied that he deserved all he had got, and walked away.

Cross-examined by MR. PARRY. Q. Were you, able to tell whether he was intoxicated or no? A. I could not tell—Scadden had his left arm in a sling, at he has now—I could not tell by Taylor's actions whether he was abusing the prisoner—the place where he fell was about twenty—on e or twenty-two feet from where he received the blow—I could not see whether his foot slipped, or anything of that sort—he staggered away in a contrary direction to that in which the blow was struck.

MR. HUDDLESTON. Q. Was the staggering across the effect of the blow? A. Yes; I suppose it was.

JAMES HEIDRICK . I was going through Type-street on Saturday, 18th Oct., and saw the prisoner and Taylor on the ground—I did not see the blow struck—I saw Scadden in the act of recovering himself after he had struck the blow, with his hand clenched, throwing himself back—I did not hear anything pass between them—I went and assisted Taylor up, and helped to take him to a surgeon's.

JAMES CATCHPOLE . I was coming up Type-street on Saturday, 18th Oct. at dinner-time—I saw Taylor and the prisoner standing nearly at the top of the street talking together—when I was within ten or twelve paces of them I saw Taylor stagger across the road and fall—it seemed to me as if he went with great force from one side of the road to the other, as if shot out of a gun almost—after picking him up, I saw Scadden, and asked him what we should do with the man, he was either dead or dying—he said it served him right, and walked away—I picked up 15s. in silver off the ground, which I expect from Taylor's position he must have had in his hand at the time—he never breathed, moved, or spoke after I picked him up—I did not know him before.

JAMES CHASE POWELL . I am a surgeon. I saw the deceased after his death—his death had arisen from some external violence, but the external injury was so slight that I could not judge from that—I examined the body, and found effusion of blood into the left ventricle of the brain, extending to the base of the brain, especially on the left side, and the blood was almost wholly fluid—I attribute the death to the effusion of blood into the brain—a blow under the left ear would occasion that—a blow of that sort would occasion sudden death—there was no visible blood-vessel broken—the whole of the blood-vessels of the brain were so exceedingly congested that it appeared there had been very considerable excitement previous to the blow—the vessels were in such a condition that a very slight blow might produce the injury—there was no evidence of his having been drunk.

Cross-examined. Q. Might the excitement have arisen from drink? A.

Either from drink or wrangling—it is possible that such a fall as has been described might rupture the vessel—I cannot say that it is probable—in order to fall forward with considerable force there must have been previously an impetus—there was a slight bruise or abrasion under the left ear, and a little blood was oozing from it; there was a slight swelling—he was about thirty years of age, he was a stout, strong man; he was exceedingly pale, but there was no appearance of disease about the body, with the exception of the liver being slightly enlarged, which is generally the case with labouring men who always take more or less spirits.

Witnesses for the Defence.

THOMAS HART . I was in Type-street, and saw the prisoner and deceased—they appeared to be talking together—Taylor went in a fighting attitude opposite Mr. Scadden—he was drunk—Scadden gave him a round blow, which I should term a box on the ears—it was with his clenched fist—as the blow was struck Taylor looked at Mr. Scadden, stepped on the left, and slipped off the kerb, ran across the road, and fell on the side of his face—he fell with his head against the bar, in front of the window, and the force of it caused him to reel backwards, and he fell very heavily on the pavement—I did not think the blow Scadden struck was a violent one—Taylor did not appear to be capable of controlling himself from drink.

Cross-examined by MR. HUDDLESTON. Q. Did you know the man before? A. By working with Scadden—I had seen him about 8 o'clock that morning at breakfast-time, and I saw him afterwards, coming in and out—I saw him at work, bricklaying, about five or seven minutes before I saw him in the street with Mr. Scadden—I am not in Mr. Scadden's employ, he is a master bricklayer—I did not hear what took place between them before the blow was struck—he went across the road by the step, off the pavement—he was going forward, towards Mr. Scadden—immediately after the blow, he went across the road, in this sort of way (leaning forward) looking at Mr. Scadden as if he was astonished.

JAMES NICHOLLS . I was at the Coach and Horses on the day in question, about 1 o'clock—Taylor and Mr. Scadden came in directly after me—Scadden took him to a table and paid him some silver, and said, "Thomas, is that right, look at your money?"—he said, "Master, then am I to go?"—Scadden made no reply; he stopped till Taylor picked it up, shilling by shilling, and when he came to the last shilling, he said, "Now, Thomas, is that right?"—he was then going away, and Taylor called to him, and said, "Will you have anything to drink?"—he refused—Taylor was intoxicated—I had observed him at his work at 1 o'clock, and he was not able to do it—I do not say he was beastly drunk, but he was stupid—I heard Scadden tell him how to do his work, he really did not know how to do it—I know he was in and out the premises several times in the course of the morning—he appeared to be out of temper when Scadden refused to drink, he did not even stop to put his money in his pocket, but hastened after Mr. Scadden.

Cross-examined. Q. What are you? A. A bricklayer—I work for Mr. Barry, and have done so for eight years—I had not spoken to Taylor since breakfast that morning—I saw him at his work, they were making a thick wall for some new machinery—Scadden was sitting by him in a chair, dictating to him how to do it—he began abusing Scadden—I heard Scadden say to him, "Why, Tom, you don't know what you are about;" that was about 11 o'clock—he had worked for Scadden about eighteen months—he was a pretty good workman—I do not know what wages he got, it was about 4s. 6d. or 5s. a day—I had seen him at work a little before one.

MR. PARRY. Q. You heard Mr. Scadden tell him how to do the work? A. Yes, and lie said, "I know my work better than you"—he appeared to be drunk then—he was not himself all the morning.

JOHN DEWELL . I am a labourer. I was at work for Mr. Scadden on this day—I saw the deceased at work—he did not seem intoxicated when he came at 9 o'clock in the morning—afterwards when I met him in Finsbury-square, I said, "Well, Tom, you don't look very sober"—he had been on an errand for my master—he said, "I have had some words with my master, and we shall have a row or a fight during the day, I know"—he appeared to be tipsy then—I came back with him to work—my master said, "Tom, you are doing wrong, I will not have the work done in this manner"—he threw down the trowel, and said, "Oh, do it yourself, for your 3s. a day don't pay me"—he was quite tipsy then, and he made use of a very bad expression to my master—master walked out, and left him putting on his coat and hat, and picking up his tools—I persuaded him to go on with his work as it was Saturday, and he would not get another job that day, and he pulled off his coat and went to work again—master came in a second time and said, "Tom, I will not have the work done like this, I don't want any bother on the premises, come out, and I will pay you your wages, and come sober on Monday morning"—he replied, "I will strike the work now," and he threw down the trowel—Mr. Scadden had his arm in a sling at that time, be had cut his fingers and thumb very badly in working with a circular saw, I had been working for him a fortnight.

Cross-examined. Q. How much a day did the deceased get? A. 3s.—it was about 11 o'clock when I met him by Finsbury-square—he appeared to be pretty middling then, he could hardly-walk across the road—I was obliged to hold him by the arm for fear he should get run over.

(The prisoner received a good character.)

GUILTY.—Recommended to mercy by the Jury.Confined One Fortnight .

Before Mr. Justice Cresswell.

Reference Number: t18511027-1888

1888. JOSIAH WESTLEY , feloniously forging and uttering an acceptance to a bill of exchange for 100l., with intent to defraud Sir Richard Plumptre Glyn, Bart., and others.

MESSRS. BODKIN and HUDDLESTON conducted the Prosecution.

OWEN THOMAS WILLIAMS . I am chief clerk to Sir Richard Plumptre Glyn and others. The prisoner kept an account there, since 1849, I think, two or three years—we have been in the habit of discounting bills for him—this bill for 113l. 15s. was discounted for the prisoner by Messrs. Glyn, and the proceeds carried to his account (read—dated, 26th Feb., 1851: drawn by Josiah Westley on Mr. George Marler, printer, of Leeds, six months after date. Accepted, George Marler; payable at 200, High Holborn)—on 30th Aug. a letter was written to the acceptor; not by me, I was out of town—the letter was returned by the Post-office, marked, "Not found"—this is it (produced)—(MR. BALLANTINE contended that the endorsement "Not found" was not sufficient evidence to allow of the letter being read. The COURT ruled that the declaration "Not found" could not be received, for want of the oath of the postman at Leeds, that it was necessary to show that some search had been made; and, therefore, that the letter could not be read). That bill has not been paid—this bill for 100l. was discounted by Messrs. Glyn for the prisoner (read—drawn by Josiah Westley on James Gilbert, book-seller, of York, for 100l., five months after date. Accepted, James Gilbert; payable at 191, Strand)—here is another bill, drawn by the prisoner, and discounted by Messrs. Glyn—it is not matured yet (read—dated, 15th

May, 1851: drawn by Josiah Westley on Mr. George Marler, printer, of Leeds, for 115l., six months after dale. Accepted; payable at 200, High Holborn. George Marler.)

Cross-examined by MR. CLARKSON. Q. Are you the party who received a bill to hold, accepted by Mr. Gilbert? A. I cannot say that I received it—bills are always brought to me to discount—I am not able to say of myself who brought these bills—I have got the book here—the prisoner had been well introduced to the house—I knew him well, and the business he carried on—we have his security in our hands, in order that we may discount his accommodation paper—I believe it is not worth more than 2,000l.—we have a letter and a mortgage, either legal or equitable, on some property—I do not know its value.

MR. BODKIN, Q. Is that the instrument? A. Yes; (this was a letter, dated 30th May, 1839, to Messrs. Glyn, signed Josiah Westley, acknowledging the discount of several bills, stating that he was entitled to certain reversionary property, worth 450l. per annum, subject to the life of a lady, on which he had borrowed 2,000l., and which he made over to Messrs. Glyn as a lien for all bills they might hold of his; and stating that his life-assurance policy for 1,000l. was still to remain in their hands.)

MR. CLARKSON. Q. I believe the house has discounted largely for the prisoner? A. Yes; a good many bills, but nothing at all like 80,000l. or 90,000l.—I should say 20,000l. is the outside amount of money of his which has passed through our hands since he opened his account—I do not know the prisoner's father—the prisoner seemed to have too great a business for his capital; he did not tell me so, but we did not feel inclined to discount so many bills as he brought—I cannot say whether he made it known to the house that he was pressed for money; that he had to pay between 150l. and 200l. per week to his people, and gave that as a reason for requiring discount—he came to the house about April, and wanted 3,000l. or 4,000l.—that was to purchase a business; I am not certain of the amount, but I declined it—I told him the house would not undertake it—I thought the house would decline it—Marler's bill, the first acceptance, is dated 26th Feb.—I did not send to inquire after Marler, the supposed acceptor, till after the bill was matured, 29th Aug.—we had no suspicion of Mr. Westley till he became bankrupt—we did not find out that there was no such person as Marler till the letter came back, a week or ten days after the bill came to maturity—we took the prisoner into custody at the meeting before the Bankruptcy Court, about a fortnight ago, after we found he was a bankrupt—Mr. Mullens sent to the Bankruptcy Court to take him into custody—I know nothing about whether he was forthcoming from the maturity of the bill, till he was arrested—I think the bills first went to our solicitor, Mr. Murray, until we handed them over to Messrs. Bush and Mullens—the 15th April bill would be due on 18th Sept,, and the one of 15th May on 18th Oct.—we merely sent a letter to Mr. Gilbert of York—it came back, and then Bush and Mullens inquired—we took no steps except by letter—I do not know the prisoner's brother.

WILLIAM THOMAS . I keep the discount-ledger, at Messrs. Glyn's (produced)—here is a memorandum on the bills of the folio at which I find the entry—the bill of 113l. 15s. was discounted on 28th Feb., the bill of 100l. on 21st April, and the bill of 115l. on 19th May, 1851—those bills were entered by me in the ledger, and were carried to the prisoner's account.

JAMES COOPER . I am clerk to Mr. Groom, one of the official assignees of Bankruptcy. He is the official assignee of the prisoner's estate—I have received from the prisoner his accounts—I produce his bill-book—I find bills here with "How disposed of," and "Glyn" against it.

JAMES MITCHELL . I am cashier at Glyn's. I have not seen the prisoner write, but I have received checks from him and paid them—I cannot nay in whose handwriting either of these three entries of the bills of 113l. 15s., 118l., and 100l. are—I am more particularly acquainted with the signature "Josiah Westley," and there does not appear to be a signature here—I cannot speak to any of the three entries.

JAMES COOPER re-examined I received this hill-book as clerk to Mr. Groom, the official assignee, from the messenger, Johnson—his officer is Cartwright, who brought it to me.

WILLIAM CARTWRIGHT . I am a messenger, in the Bankruptcy Court. I gave this bill-book to Mr. Cooper—I got it from the prisoner's premises—I went as the messenger of the Bankruptcy Court, and brought the prisoner's books, and amongst them was this bill-book—this "Josiah Westley," in pencil, is our mark. (MR. HUDDLESTON proposed to read the entries in the bill-book, to which MESSRS. CLARKSON and BALLANTINE objected, the entries not being proved to be in the prisoners writing; that, as he must have been examined at the Bankruptcy Court as to his books, the best evidence would be the account he then gave on the subject, if he made any admission. MR. HUDDLESTON contended that the prisoner, having been a bankrupt, the books were found by the regular officer at the place where the prisoner carried on his business, with such other books as a person would keep; and that, therefore, the prisoner must be aware of the entries made in it. The COURT did not consider that there was evidence at present of the book being used by the prisoner in his own business.) JAMES MITCHELL re-examined. I believe these three papers to be memorandums of bills brought to be discounted—I should say they are in the prisoner's writing, the first column and the names; not the outer column.

Cross-examined by MR. BALLANTINE. Q. Am I to understand you to say you believe those to be in the prisoner's writing? A. Yes; the name "Josiah Westley," and, I should say, the column with the name of the bills—I will undertake to pledge my belief on the subject.

OWEN THOMAS WILLIAMS re-examined. According to the business of our house, when a parcel of bills are brought in for discounting we supply them with forms—these are the three forms (those produced), which came in on the days they bear date—(one of these was dated Feb. 28th, 1851; headed "Bills left for discounting, by Josiah Westley," among which was one on Marler, for 113l. 15s. The second was dated April 21st; a list of several bills, among which was, "Gilbert, 100l." The third was dated 19th May, and among other names was "Marler, 115l." He requested that those bills might be placed to his credit, by this letter—(read: "Playhouse-yard, 19th May. Dear Sir,—I shall feel obliged by your placing the inclosed bills to my account, less discount. I hope to have an interview with you on Thursday. Yours sincerely, JOSIAH WESTLEY.")

JOHN M'CABE . I live at York, and am assistant to Mr. Sunter, a book-seller. I have been engaged in the book trade at York twelve years—I never heard of a bookseller named Gilbert in York—I have a knowledge of all booksellers in York—I know a Mr. Gilbert, of Sheffield, who occasionally comes to York to transact business—there are from twenty to thirty book-sellers in York.

GEORGE BELLAMY . I am inspector of the police at York; I have lived there fifty years, and have been in the police there twenty-five years. I have made inquiries in reference to James Gilbert, a bookseller, at York, but have heard of no such person—in the course of my inquiries I came upon a person named James Gilbert, of Sheffield, a bookseller, who sometimes goes to York.

JAMES GILBERT . I am a bookseller, of Sheffield; my business occasionally

takes me to York. I did not know of the existence of this 100l. bill in the name of Gilbert, till I received a letter about it—it is not my acceptance, or accepted by my authority or knowledge.

Cross-examined by MR. CLARKSON. Q. What was the date on which you received the letter? A. (looking at the letter) The 21st Sept.; I do not know when the bankruptcy was—I never heard the name of Gilbert in the book trade in York.

HENRY LUNDY . I have resided thirty years at Leeds, and have carried on business as a printer. We have a society there, called the "Typographical Society"—the printers of Leeds belong to it—I am the secretary—there is no printer at Leeds of the name of George Marler—I never heard of such a person.

WILLIAM JAMES . I am the superintendent of the Leeds police; I have resided there thirty years, and have held that situation fifteen years. I am well acquainted with the tradespeople there—I never heard of a printer there named Marler—I am acquainted with the printers, masters as well as journeymen, and never heard such a name.

RICHARD PULTON . I am a clerk, at Messr's. Glyn's. On 29th Aug. I presented this bill for 113l. 15s. at 200, High Holborn—I found no person there who knew anything about it—I inquired at the house of the acceptor, but heard nothing of him—I left a notice at the house.

JOSEPH FAIRCHILD . I live at 200, High Hoi born, with my father, a pianoforte maker; we have lived there a little more than three years. I know no person named George Marler—I never heard of such a person living there, or being there.

CHARLES CARTER . I am a clerk, at Messrs. Glyn's. I went with this 100l. bill, to present it in the Strand, on the day it became due, but could find no No. 191; it was pulled down—I found no person there.

(MESSRS CLARKSON and BALLANTINE contended that if the bills were drawn on a person existing, but whose address and occupation were nut truly represented, the mere false address would not constitute a forgery; that he had given no addition to the name in question altering him from the person he was, into a person of responsibility; and that he could not alter himself in any way unless he took upon himself the character of another, which he could not do unless that person existed. MR. BODKIN stated the point was already decided in 8 Car and Payne, p. 629. The COURT overruled the objection. Cases referred to, Reg. v. Hill, Russell and Ryan's Crown Cases, p. 405; Reg. v. Blenkinsop Dennison's Crown Cases, p. 276; and Central Criminal Court Sessions Papers, vol. 18, page 860.)

Prisoner's Defence (written). My Lord, and Gentlemen of the Jury,—I am placed in this deplorable situation from circumstances over which I have no control; and so far as regards the crime imputed to me of forging or uttering with a guilty knowledge, the document produced, I am entirely innocent; and had, down to almost the last moment, hoped to have made my innocence manifest, by producing the persons who have done the act for which I am here before you to answer. I pray you, not only for myself, but for my poor wife and six children, seriously to take my case into your consideration; and believe, too, that it is quite possible for circumstances to arise which may warrant an accusation, and for the party accused to be the innocent victim of others, and to be without the power of producing witnesses, because those others (fearing consequences to themselves personally) decline to come forward and prove the facts which none, except themselves, can establish. It is painful for me to introduce to your notice the name of a brother; but my present misfortune, for truth's sake, obliges me. He may have been, and probably has been, himself

deceived; but I will tell to you the honest truth of my own participation in this transaction, and I defy contradiction as to one iota. My brother, Augustus Westley, was under considerable obligations to me, in consequence of my having assisted him to go into business. Having a very large book-binding concern myself, in which my outlay for wages alone was from 150l. to 200l. per week, I was frequently straightened for money, and it was frequently the subject of conversation between myself and my brother Augustus. It is known to the commercial and trading world, that men in business will, and very frequently do, assist each other with "accommodation" acceptances; and by such assistance very many tradesmen are able to get, by discounts, temporary help, which enables them, at the time of pressure, to keep their credit, which (but for such assistance) would be entirely destroyed; for you know, Gentlemen, when once a man's own acceptance is dishonoured, his trading credit is gone; and without credit, no man, in these times of speculation and competition, can avoid sinking. Upon mentioning to my brother my want of capital to go on with,—having, as I had, a large business which would (by assistance being afforded me) have enabled me very shortly to have extricated myself from embarrassment of every kind, he said, "I have no doubt that I can get you some accommodation paper;" I was thankful for his offer; and, at his suggestion, I drew upon parties upon whom he stated I might do so with confidence. He took the bills, thus fully drawn and signed by me, to get them accepted; the bills were brought back to me, and I had my brother's assurance that they were accepted in due course,—for that he was acquainted with a person who, to oblige him, had procured the acceptances. Gentlemen, fully relying upon the acceptances being genuine, I then added my name at the back as indorser, in the usual way, thinking that in doing so I was using a mere temporary accommodation, determining to provide at the time when the bills should become due, in order to honor them, but which, I lament to say, subsequent unforeseen embarrassments prevented; and I solemnly assure you that, until I was apprehended at the Court of Bankruptcy on this charge, I was utterly unconscious of the fact of the acceptors not being resident at the places named on the bills, and not being known at the places where they were made payable. I had relied upon my brother, and had no reason to believe, or suspect, that he had deceived me. I had always believed the bills to bear true acceptances (there being no doubt suggested by anybody as to the fact that they were otherwise), and that all I had to do was to provide for them at maturity. Gentlemen—I was, when put into custody, taken to the Mansion-house, and remanded to the Giltspur-street Compter, where my brother Augustus came to me, and I told him of the accusation against me; he stated then, as he had done before, that the acceptances were genuine, and that by the next examination he would bring forward the acceptors. I fully expected he would do so; but from that moment I never saw my brother,—he never came near me again; and from communication made to the rest of my family, it is quite evident that he is fearful of doing so, or appearing, lest he (by the evidence whereby he would relieve me) should be placed in my situation. These are the facts, Gentlemen; and I implore you to take them into your consideration. I am guiltless of the charge, and have been deceived, as I told the Lord Mayor; but I am helpless, and throw myself on your justice. Gentlemen, when the bills became due, Messrs. Glyn, it appears, presented them for payment. They must, by those presentations, have at that time discovered the fact which I was ignorant of, namely, that the acceptors were not known at the places where the bills had been made payable; and although they did so then know, and

made inquiries after the acceptors at the places where the bills were addressed and could not find any such persons; they kept those facts secret from me for weeks, until after I was declared bankrupt, and until after I was in custody. Instead of which, I cannot help saying, that it would have been better had they at once sent to me and stated the facts, I should have then told them all the circumstances about the acceptances; and the parties who have deceived me, and through me deceived them, would have been made answerable, and justice would have been done. As it is, the bills were kept in their hands, I was in the dark, and they never thought of making this charge against me until I was bankrupt, and in due course appeared at the Court of Bankruptcy,—which, Gentlemen, do you as tradesmen, and as men of rational understanding, think I should have been mad enough to have done, had I ever imagined that the bills which I had passed, had upon them forged acceptances? Gentlemen—to charge me with this forgery, or with this guilty uttering, is surely an afterthought. Messrs. Glyn's were aware of my difficulties as to money, because I made them known to them myself; and to cover any deficiency that might be upon my running account, I deposited a security in their hands, and they now hold that security; it refers to freehold property in the City of London, which will realize from three to four thousand pounds. So that if they do sustain some loss, it will be comparatively small; and when it is known, as their books will prove, that during the few years I have been banking with their house, ninety thousand pounds, or thereabouts, has passed through their hands, you will readily admit that it was not too much for me to expect some consideration from them. Gentlemen, I do hope that you will take this plain and honest statement into your humane and just consideration, and remember that I was a tradesman, having large weekly demands to meet; that I believed I was merely availing myself of genuine accommodation acceptances, to gain time thereby to meet just demands upon me; that I was anxious to keep up a large business, which (could I have continued) would very shortly have placed me beyond all difficulty; that I availed myself of what is considered a kindly and affectionate brother's offer to extricate myself from present pressure; that I had no intention of injuring or defrauding the prosecutors, they having security to so large an amount as from between three and four thousand pounds; and that guilty knowledge was at variance with my whole conduct, by meeting my creditors, and by going to an open Court, where my intended appearance bad been openly and publicly advertized in the Gazette, and the public journals, for a particular day and hour. These are the observations which I take leave to address to your humane hearts, trusting that my true statement will weigh in my favour against inferences which are only supported by circumstances, all of which (though some may be consistent with guilt) are thoroughly capable of being consistent also with innocence.

(The prisoner received an excellent character.)

NOT GUILTY .

(There were two other indictments against the prisoner for forging and uttering the two other bills of 115l. and 100l., upon which no evidence was offered.)

Before Mr. Justice Maule, and the Second Jury.

Reference Number: t18511027-1889

1889. THOMAS JAMES EDWARD POMEROY , feloniously killing and slaying Ann Shaw.—He was also charged, upon the Coroner's Inquisition, with the like offence.

MR. HUDDLESTON conducted the Prosecution.

MATTHEW LANAGAN . I live in Dudley-court, Wood-street, Cheapside. On Saturday night, 13th Sept., I was in Old-street, St. Luke's, and saw the

prisoner in Mr. Anderton's, the grocer's shop—he bad got the deceased woman in his arms, apparently getting her to the shop-door—he had his arms extended in front of her—when be got her near the door, his front was in front of her, and her back was towards the door, coming out; the door was open, this was after 12 o'clock—when he got her to the door he shoved her out, pushed her—there is one step from the door—she fell on her back on the flags—she did not catch hold of anything—there was a long board on the left-band side of the door as you go in, and her right arm struck that, or the band that she had a basket in—I made use of a very obscene word to the prisoner, and said, "Don't shove the woman out," and one of the persons present struck him—he did not assist in taking her up, but he wished it done.

Cross-examined by MR. CLARKSON. Q. What were you doing out that night? A. I had come out to purchase some apples—I had not bad any supper, or taken anything to drink; I never do, only water—the obscene word I made use of was, "D—n you"—the first thing I saw was the prisoner with the woman in his arms, coming to the door—she was struggling with him—I cannot say whether she was drunk; I smelt her breath afterwards, and I fancy she had been drinking—when she was on the ground a mob of persons soon assembled, and one of them struck him—I do not think it would have been safe for him to have gone to assist her—when the woman was picked up he desired her to be carried into his master's parlour, and desired the people about to go for two or three doctors and a physician directly—I heard that the dispute had been about a sixpence—he said he would rather have given her fifty sixpences than such a thing should have happened—he appeared to show every regret and grief at the occurrence.

JAMES KNIGHT . I am a painter, living in Baldwyn-street, Old-street. On the night of 13th Sept. I was in Old-street, opposite Mr. Anderton's shop, sod saw the prisoner push the old woman out of the shop—she was standing in front of him at the time, rather in a sidling position—he pushed her with his bands—she fell down the step and on to the pavement—I went across the road, and struck him—I assisted in carrying the woman into the shop—the prisoner said that the old lady had called him a cheat, a rogue, and other aggravating words, respecting the change of a sixpence—she did not attempt to strike him at all.

Cross-examined. Q. Did you swear at him, and call him a wretch, and strike him, a whole mob of you? A. No; I had been out on business to a friendly society, to which 1 belong, and was going home—I had had a little beer, nothing else—I heard no words before I saw the prisoner push the woman out; I was too far off to have heard.

MARY ANN CLARE . I am the wife of William Clare, and sister to the prisoner. I happened to be at Mr. Anderton's on the Saturday night when the old woman was there—she was in the shop, abusing him, for nearly three-quarters of an hour, making use of very bad language—he desired her to leave the shop, which she refused to do—he came deliberately from behind the counter, and put his hand on her shoulder to push her towards the door—he did not push her; he laid his hand on her shoulder behind to put her towards the door—her back was towards him—when she got within about a foot of the door she laid hold of a board, which was temporarily fixed at the left-hand side of the door, it gave way, and she fell back—I was close behind him all the time—I saw her catch hold of the board—she was afterwards carried into the house and died.

Cross-examined. Q. When you first saw her, was she leaning across the

counter? A. Yes, threatening to slap my brother's face, because he would not return her a sixpence in change—she said he had given her sixpence short—he told her if he had, to summons him, but he was positive he bad given her the right change, and to go away quietly—he said she had gone away from the shop without complaining at the time, and so she had—I was present when she came back—I did not see her receive the change—she said she would not leave the shop; she would stop all night if he did not give her the sixpence, and she made use of bad language—I do not know whether she had been drinking; she was very much excited—I went towards her three times, to try to persuade her to leave the shop, but she was in that excitable state I was afraid to go to her—I was examined before the coroner, and made this statement—my brother is twenty-two years of age.

WILLIAM JOHN SHAW . The deceased's name was Ann Shaw—I am her son.

JOHN MARTIN (policeman, G 13). I took the prisoner into custody—he appeared to be distressed, and requested me to take a cab, and get every medical assistance.

Cross-examined. Q. You know that the prisoner had charge of this shop for his master, who attended to another one himself? A. I do.

SARAH THORNE . I happened to be at Mr. Anderton's shop, and heard the old woman abusing the prisoner very much indeed—he bade her go away—she would not—he put his hands on her shoulder, to put her out, and in doing so she resisted him, and turned round and caught hold of a board with her left hand, and aimed a blow at him with her right—I cannot say that she had anything in her right hand—the board gave way, and she fell—he had got hold of her before she went to the board—he was not pushing her at all—he merely put his hand on her shoulder—she was very violent; she attempted to strike me—he did not push her at all.

SINCLAIR BLUE . I am a surgeon—I was present when the woman died—I made a post mortem examination—death was caused by extravasated blood on the brain, produced by fracture—the fracture might have been produced by a fall.

Cross-examined. Q. She was intoxicated, or smelt of drink, at all events? A. I did not discover it—I opened the stomach—there was nothing there to indicate it.

NOT GUILTY .

Before Mr. Justice Cresswell.

Reference Number: t18511027-1890

1890. JAMES CLARK , feloniously shooting at John Wilgoss, and wounding him, with intent to maim, disable, and disfigure, &c.

MR. PAYNE conducted the Prosecution.

JOHN ROBERT EDWARDS . I reside at Moulsey-grove, Surrey. On Sunday afternoon, 5th Oct., about four o'clock, I was near Hampton-court Palace-gardens—I was leaning over the railings on the footpath, watching a steamtug towing a barge along the river—I observed four boys throwing stones at the barge; the stones did not hit the barge, I particularly noticed that—the prisoner was on board the barge—I heard the report of a gun; I saw the smoke of it from the barge, and I felt the shot strike myself—I was between fifty and sixty yards from the barge—it was spent shot that struck me; it did not inflict any wound, it struck my hat and shoulder—I should say the boys were about twenty-five or thirty yards from the barge—I saw the boys after hearing the report—one of them, I think, stumbled on his knee, and the others ran away—I ran to their assistance, on hearing them exclaim

they were shot—two of them were bleeding a great deal—I got a constable to go on board the barge, and gave the prisoner in charge.

Cross-examined by MR. O'BRIEN. Q. How long was it before this that you had seen the stones thrown? A. I presume six or seven minutes—they had not ceased throwing when the gun was fired—the boys were at the waterside, on the shingle, and I was on the bank just above them.

JOHN WILGOSS . On Sunday afternoon, 5th Oct., about 4 o'clock, I was at the water-side, near Hampton-court; I was throwing stones at the rope between the barges, trying to hit the rope—there were two barges being towed by a steam-tug—I saw three men on board the last barge, two at the stern, and one at the head—I saw one of the men at the stem shake something at us, which looked like a gun—I do not think I threw again afterwards, I laughed—I was then shot, and know no more afterwards; I became insensible—I did not see the man fire—I was shot in the forehead, the instep, and the side of the face.

FREDERICK LAIDLER . My father is the plumber at Hampton-court Palace—I was with Wilgoss, and other boys, on 5th Oct—I saw the barges and the steam-tug—I was throwing stones at the martens—the other boys were throwing at the rope between the barges—I saw somebody in the last barge shake something at us—there was one man at the head, and two at the stern; one of them was steering—I cannot tell which it was that shook something at us—I was shot.

Cross-examined. Q. How soon, after the man shook something at you, did you hear the report of the gun? A. About five minutes.

JAMES OVENS . On Sunday afternoon, 5th Oct., about 4 o'clock, I was on board the barge Lucy, near Hampton-court—I saw some boys in the bargewalk throwing stones first at one barge and then at the other—we were very much annoyed by them, and in great danger; we were forced to keep popping our heads about to escape the stones—I was steering, and the prisoner, who was the captain, was standing at the stern near me, and being very much annoyed by the stones he took the gun up and slewed it round, and in bringing it round it was fired—he did not put it to his shoulder—when we got the barge round I saw the boy rubbing his arm—this is the gun (produced.)

Cross-examined. Q. Did you know whether the gun was loaded or not? A. I did not know; I did not see it loaded—I had fired it off that day, before this, at a gull, near the Eel-pie public-house; that was what it was on deck for—it was my mother's gun—she had let me have it to clean, as it was rusty, and out of repair—I have known the prisoner twenty years, and have worked with him all my life—he has always been a very quiet upright sort of man.

THOMAS HOLLOWAY (policeman, V 226). On 5th Oct., in consequence of information, I went on board the barge Lucy, with another constable, and inquired who was the captain of the hind barge—the prisoner answered, "I am"—I asked whether a gun had been fired off from his barge near Hampton-court bridge—he said there had, but being below he did not know the person who fired it—I asked bow many other persons were on board—he named two, Ovens and Coggins—I asked if there were any others—he said there was a fourth person that he had given a ride, from a steel-yard in London, up the river in search of employment, and that was the person that fired the gun, and both he and the gun were miles away by that time—I took him and Ovens and Coggins into custody—this is the gun—I did nut find it, but Ovens identified it.

Cross-examined. Q. Had you mentioned to the prisoner that two or three boys had been shot? A. I said I had come to make some inquiries about two boys who had been shot.

GUILTY of unlawfully wounding.Confined Six Weeks .

Before Mr. Justice Maule.

Reference Number: t18511027-1891

1891. HANNAH WILKINSON , feloniously cutting and wounding Richard Loney, with intent to disfigure him. 2nd COUNT.—To do grievous bodily harm.

MR. BRIARLT conducted the Prosecution.

RICHARD LONEY . I am a labourer, of Rosemary-lane. On 18th Oct., between 12 and 1 o'clock in the morning, I came home, and kicked against t boy on the staircase—I called out to Elizabeth Haigh, who has lived with me as my wife for years, and said, "Betsy, fetch me a light"—when the light was brought, I saw a boy, fourteen or fifteen years old—I asked him what business he had there; if he had a father and mother, and why he did not go home—he said his father would not let him in—I said he must be a very bad boy; and sent Elizabeth Haigh for a policeman, who came, and recognised him as a very bad character, and turned him out—on my sending for the policeman, the prisoner came from the second-floor, where she lives—she abused me, and called me everything that was bad; and abused my parents, who are dead—I said if she was anything like an honest woman, she had better be at home with her husband and two children—she went into her room, and returned again, and stabbed me in the nose and mouth—I had a candlestick in my hand—I did not see what she cut me with—I raid, "Betsy, I am stabbed"—and she replied, "Yes, you are stabbed with a white-handled knife"—I said, "You go and fetch the police directly"—I put the candlestick on the floor, and with the loss of blood I dropped—a policeman came, and she was given in custody—I was taken on a stretcher to the London Hospital—I did not go into her room at all, or attempt to go to bed to her—she called out to her mother to come and assist me.

Prisoner. Q. Did you not call me dreadful names, and strike me three times, and throw burning tallow-grease in my face? A. No, I never said a sentence to you—I was sober—it was not your boy on the stairs—I was led to the station by two policemen, one at each arm, and from the station to the hospital I was carried on a stretcher.

ELIZABETH HAIGH . I live with Loney, as his wife. On this night, I took him down a lighted candle in an iron candlestick, and there was a boy lying in the passage—he asked the boy what he wanted—he said he was going to sleep—he asked him if he had a father and mother—he said he had, and they turned him out of doors—he said he must be a bad boy, and told me to get a policeman; I did so—the prisoner came down after the boy was gone, and abused Loney for having him removed—she used very bad expressions, and threatened to bring her brother next day to wallop him—he said, "The man you fetch to wallop me I value this," snapping his fingers—she said, "If I have not a man, I am man enough myself," and struck him down the face with a white-handled knife—she returned into her room, and said, "Mother! mother! I have done it; he may hang or transport me if he thinks proper'—Loney did not kick or ill treat the boy in my presence.

Prisoner. Q. Did you see him strike me several times? A. No; he never struck you at all, nor did he throw the candle in your face.

JOHN POPLE (policeman, H 97). On the morning of 18th Sept., between 12 and 1 o'clock. I went to this house, and found Loney bleeding from the nose and mouth; there was a quart of blood on the lauding—he pointed to the

prisoner and said, "That is the woman who has done it; she did it with a white-handled knife, and another woman has taken the knife down-stairs"—I asked the prisoner what made her do it—she said, "I should not have done it, but be came to my room, thinking there was no one there, to go to bed with me"—I assisted him to the hospital; he fainted, from loss of blood.

GEORGE BALL (policeman, H 21). After Loney was taken to the station, I went back to the house, and found two white-handled knives; but neither of them bad any blood on them—I found an iron candlestick, saturated with blood; I took it to the station, and on the following morning to the police-court—the prisoner said the candlestick was what the wound was inflicted with, and not the knife; and she should not have done it, but Loney came to her room, and knocked loudly, and asked her if she had lost anything, in consequence of a boy being on the stairs; that she said she had not; and said, "I think you might have been satisfied with beating the boy, without sending for a policeman to give him in charge," that he said he would beat her, and she struck him with the candlestick two or three times, and that might have been how the wound was inflicted.

JACKSON KENT . I am surgeon to the London Hospital. On the morning of 18th Sept., Loney was brought there, extremely low from loss of blood; his nose and upper lip were divided with some sharp instrument—I could not say whether it was a knife or this candlestick; it might have been done with a candlestick, if it was used with great force—it will disfigure him; it will get very little better than it is now—it was dangerous; the loss of blood might bare occasioned loss of life, if it had not been attended to; it bad divided an artery.

Prisoner's Defence. I was in bed, and heard a disturbance on the stairs; a boy screamed out very loudly; I put on my gown and shawl, went out, and found Loney had beaten the boy; I said, "Don't be so cruel;" he sent for a policeman; he afterwards knocked at my door, and asked if I had lost anything; I said, no; and he said I need not have troubled myself with what did not concern me; I said I had not got a man there to protect me, but I would get my brother next day; he put the candlestick in my face, and I struck him with it.

The prisoner called

ABIGAIL FORD . On 18th Sept., I was in bed with the prisoner. I am no relation to heir—I am a widow—Loney came home between 12 and 1 o'clock, and began to illuse the boy, who was lying on the stairs—the prisoner got up, and asked him not do so, and said the boy would do no harm—she came up-stairs again, and afterwards Loney came up to the landing, and called the prisoner a heifer and a wh—, and said he could prove it—he put the light in her face, and she took the candlestick out of his hand, and struck him with it.

GUILTY of unlawfully wounding. Aged 36.— Confined Six Months,

Before Mr. Justice Cresswell.

Reference Number: t18511027-1892

1892. HENRY WOOD , stealing 1 watch, value 30s.; the goods of William John Baker, from his person.

WILLIAM JOHN BAKER . I live at 85, Little Windmill-street About half-past 11 o'clock on a Sunday morning, at the beginning of this month, I was in the Clothes' Exchange, Houndsditch; there is a narrow passage there, and there was a great crowd—a man in front of me made a thrust at my watch, which was in my waistcoat pocket—I caught the prisoner with something in his hand, which I thought was my watch; he dropped the chain from one hand, but still had something in the other—I caught him by

the waist; he got away, and went to another man in front of him, who had been pushing to keep us together—I said he had got my watch—he said he had not, and up with his fist and threatened to strike me; and the other man did the same—I followed him, and gave him in charge; he was searched, but the watch was not found—I am positive he is the man.

JOHN EDWARD BUTCHER . I live with Mr. Forby, a butcher. On 5th Oct., I saw Baker in the Clothes' Exchange, and saw his watch in one of (he prisoner's hands, and something in his other hand—I saw him pass something to another man, who was going to strike Baker; but the men instantly dispersed—I saw Baker follow the prisoner, and give him into custody.

The prisoner called

JOHN ARMSTRONG (City-policeman, 30). Baker gave you into my custody; he was the first to speak—you did not come to me and say, "This man charges me with stealing his watch; I wish you to search me." GUILTY . Aged 28.— Confined Six Months.

NEW COURT.—Thursday, October 30th, 1851.

PRESENT—Sir PETER LAURIE , Knt., Ald.; Sir JAMES DUKE , Bart., Ald.; Mr. Ald. CHALLIS; Mr. RECORDER; and Mr. Ald. MOON.

Before Mr. Recorder and the Sixth Jury.

Reference Number: t18511027-1893

1893. WILLIAM CHERRY and WILLIAM KINSBURY , stealing 1 mare, value 30s.; the property of James Bartlett: Kinsbury having been before convicted: to which

CHERRY pleaded GUILTY . Aged 19.— Confined Twelve Months.

KINSBURY pleaded GUILTY . Aged 20.— Transported for Seven Years.

Reference Number: t18511027-1894

1894. JOHN HANBURY , breaking and entering the dwelling-house of Isaac Lester, and stealing 1 time-piece, and other articles, value 4l. 4s.; his property.

ISAAC LESTER . I am a grocer and cheesemonger, at Keate-street, Spitalfields. The prisoner was a tenant of mine, he occupied a furnished room at 15, Keate-street, which is opposite my shop—on 18th June, I went to bed about half-past 1 o'clock—I was the last person up, and my house was then safe—I came down in the morning, a little after seven—I found tobacco strewed all over my counter—I looked in my jar, and found all the tobacco gone out of it—I missed a time-piece from the mantel-piece, a watch out of the table-drawer, a silver spoon, a pair of German-silver sugar-nippers, two German-silver teaspoons, about 6d. worth of biscuits out of a show-glass in the window, about 6 lbs. of butter out of a tub, and two half-quartern loaves; also an accordian, and a coral drop—these things had all been safe the night before—the street-door was fast, and the side-door also—there had been nobody out previous to my getting up—the back-door of my cellar had been opened—it opens into a small yard where there is only room to turn yourself round—the door had been shaken, and it had shaken the bolt out of the staple—I had seen it the night before, and bolted it myself—from the cellar you go up the cellar-stairs to the shop—there is a door there which was only fastened with a button—there is a little square of glass in it—the cellar-door is on the stairs, and I have a side-door; and as you push the cellar-door it goes against the side-door—the side-door was locked, so that a person coming from the cellar would only get into the shop by getting over the cellar-door—there

was room for a child to get over, but I do not think a man could—a child who got in could not open the doer and let any one into the shop, because the side-door was locked, and I had the key of it—I had information that the things were sold, and the sergeant went to where they were bought—on 16th Sept. I went with the officer to Keate-court, where a number of rooms are let out, and the prisoner lived in one of them—I found the prisoner lived there with his son and brother.

JAMES JOHNSON . I am a scale-board cutter, and live in Wilson-street, Old-street-road—the prisoner was a shopmate of mine, he worked with me upwards of two years—on the Friday, in the week after Whitsuntide, he showed me three spoons, a pair of sugar-tongs, and a time-piece; he naked me to buy them; he said he had them to sell for a friend—he wanted me to give him 10s.—I told him I could not afford that—I gave him 8s. for them; one of them was silver—about two months afterwards I sold the time-piece, at Mr. Gray's public-house, for 6s.—it would not keep time—the police-sergeant came to my shop, went to my house with me, and I gave him the spoons and the tongs which I had bought of the prisoner.

HENRY JACKSON (police-sergeant, H 11). I took the prisoner, at half-past 1 o'clock, in Keate's-court, on the morning of 17th Sept.; Bethell was in bed with him—I also took the little boy, James Hanbury—I went to Johnson's shop, and went from there with him to his house—he gave me one silver spoon, two German-silver spoons, and a pair of sugar-tongs—these are them—he said he had bought the time-piece, but had sold it again.

JAMES JOHNSON re-examined. These are she things I bought of the prisoner.

ISAAC LESTER . These are mine—they were all in the table-drawer—I know this silver-spoon by its being bent in the bowl—I have had it seven years—there is no particular mark on it—these German spoons and tongs were in the drawer—I have had them five years.

Prisoner's Defence. These spoons and the time-piece were shown to me by Bethell; she said she got them of a person who hawked them in the street, and she bought them to try to make a shilling of them; I took them to the shop, and asked Johnson 10s. for them, and he gave me 8s.; I know nothing about where they came from; the prosecutor can speak to my character since he has known me.

ISAAC LESTER re-examined. I have known him two years and a half—I never knew any thing against him in my life—I do not believe be got into my shop—it was the female who set the boy on to do all this.

NOT GUILTY .

Reference Number: t18511027-1895

1895. JOHN HANBURY was again indicted, with JAMES HANBURY and SARAH BETHELL , for stealing 6 candlesticks, value 11s.; the goods of Isaac Lester. 2nd COUNT.—Receiving the same. JAMES HANBURY pleaded

GUILTY. Aged 13.—Judgment Respited,

ISAAC LESTER . On 27th Aug. I lost six candlesticks from my kitchen mantel-piece—they were worth 11s.—I saw them safe at half-past 7 o'clock, and missed them at half-past 10 the same evening—I did not see them again till 16th Sept., when I saw four of them—Mr. Cleverdon, John Hanbury's master, brought them to me, and I found another of them on the same evening at Mr. Poore's, in George-yard, Shoreditch—the prisoners were then lodging at No. 3, Keate's-court—John Hanbury was cohabiting with Bethell; they did so while they were in my lodging—I went to Keate's-court, where the prisoners were taken—Bethell said at the station that she had had the things, and she had spent part of the money that they had fetched—John

Hanbury did not say anything—James Han bury said that Sally gave him 3d. to get the candlesticks.

Bethell. I did not give the boy the halfpence to get them.

JAMES CLEVERDON . The prisoner John Hanbury worked for me—Bethell used occasionally to bring him his meals—I remember his showing me some candlesticks; I cannot recollect on what day—it was something like three weeks before the prosecutor called on me—it was about the beginning of Sept.—I bought four candlesticks of him—I cannot say whether I gave him 3s. or 4s. for them—I gave him what he asked—he said his mistress had bought them, and he wanted a dinner, and I believe he did—he pressed me very much, and I bought them.

ELIZABETH POORE . I am a widow. I live in George-street, Shoreditch—I remember Bethell coming to the shop where I work in Hoxton—the offered me a candlestick for sale for 9d.—I told her I had got but 5d., and she said that would do till she came again; I could give her the other 4d.—she came again, and I did so.

THOMAS TOWNSEND WILLIAMS (policeman, H 54). I went with Jackson to the prisoners' lodging in Keate's-court—I took Bethell there, and Jackson took John Hanbury and the boy—I told Bethell she was charged with stealing six candlesticks from Mr. Lester's shop—she said that she did have them, and she sold them and spent the money—these are the candlesticks—I got four from Mr. Cleverdon, and one from Mrs. Poore.

HENRY JACKSON (police-sergeant, H 11). I took John Hanbury and the boy. The man said something at the station—I do not think the others heard it.

John Hanbury's Defence. One day, while I was at work, Bethell came to the yard, and told me she had purchased some candlesticks, and she wanted to sell them to get money to get my dinner; she said perhaps some of my shopmates would buy them; I asked one or two, and I asked my master; he said be did not want such a thing; I said I wanted to get my dinner; be said, "Show them to me;" I did, and two of them were broken; he asked what I wanted for them; I said 3s. or 4s.; he said, "I will give you 4s. for them;" I thanked him, and gave the money to Bethell, and she returned home and brought my dinner; she did not state how she came by them.

HANBURY— GUILTY of Receiving. Aged 44.— Confined Twelve Month.

BETHELL— GUILTY of Receiving. Aged 28.— Confined Six Months.

THIRD COURT.—Thursday, October 30th, 1851.

PRESENT—Sir WILLIAM MAGNAY, Bart. Ald., and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Seventh Jury.

Reference Number: t18511027-1895a

1895. ALFRED MORGAN , unlawfully obtaining 7 loaves of bread, value 2s.; the goods of James Turner, by false pretences: to which he pleaded

GUILTY . Aged 21.— Confined Three Months.

Reference Number: t18511027-1896

1896. JOHN M'KAY, RICHARD HORTON, RICHARD MACKAY , and WILLIAM JONES , stealing 2 purses, value 3s.; 1 sovereign, 2 half-sovereigns, and 6 shillings; the property of William Taylor, from the person of Anne Mary Winifred Taylor.

MESSRS. RYLAND and LOCKE conducted the Prosecution.

GEORGE SCOTT (City-policeman, 560.) On Saturday, 13th Sept., about

3 o'clock to a quarter-past, I was on duty at London-brige Wharf, in plain clothes—the Herne, Margate and Herne-bay boat, bad just come in, and was going to return—there were a good many people on the wharf—I saw the prisoners there, and saw Jones go and feel the outside of a lady's dress—I then saw Mackay go and feel two or three persons, Jones being at his side at the time—I then saw M'Kay go to the side of a Mrs. Taylor, the three other prisoners keeping close behind him—I then saw M'Kay leave in a hurried manner, and the other three followed him as close as they could till they got off the wharf, when they all four ran away together—I went after them up a passage leading into Thames-street, but not the same passage as they went by—in Thames-street I got the assistance of two other policemen, and Ambrook, whom I had seen on the wharf—I had then lost sight of the prisoners—we turned up Botolph-lane, and I saw M'Kay go into the White Hart—I went into the White Hart parlour, and there saw the prisoners sitting at a table, three on one side and Jones on the other—M'Kay bad got this purse (produced) in his hand, and was in the act of drawing the rings—I said to the other constables, "I want these four men"—M'Kay then bundled up the purse, and was in the act of throwing it behind him, when I caught his hand, and the purse fell on the seat by him; I took it up, and have had it ever since—when I said I wanted these four men, three of them said, "What for?"—at that moment I got the purse, and said, "For stealing this purse from a lady"—Jones said, "I do not know these men; they are entire strangers to me"—they were all then taken into custody—I knew the prisoners before—I had seen Mackay and Jones on the wharf the day before, in company with two other men, not the other prisoners; and I have seen Horton and M'Kay going by a Woolwich boat from another pier at the same wharf.

Cross-examined by MR. PARRY. Q. How long had you been watching the prisoners? A. About ten minutes—the lady went off by the steamer—I went next day to Margate, and found out by the collector on board the Herne who she was—M'Kay did not say he had picked the purse up—I did not see him take it—I was watching him—there was a considerable crowd on the wharf, and a rush into the boat.

Cross-examined by MR. RIBTON. Q. You saw a great many others, as well as the four prisoners? A. Yes; it may be two months or six weeks ago that I saw Horton and M'Kay going by a Woolwich boat—it was not on a Sunday, but I do not know what day—I can tell you why I noticed them, if you wish it.

Cross-examined by MR. WOOLLETT. Q. Why did you not take Mackay, if you saw him touch a lady's dress? A. I knew by letting him go for a moment I should find him again—I intended then to take him.

WILIIAM CLAYDON (City-policeman, 529). On 13th Sept., between 3 and 4 o'clock, I was on duty in uniform, in Lower Thames-street, and in consequence of what Scott said to me, I went with him up Botolph-lane—we went into the parlour of the White Hart, and as soon as we opened the door I saw the four prisoners sitting at a table, the three first on one side, and Jones opposite to them—Scott said, "These are the four men we want," at that moment M'Kay was in the act of opening a purse similar to this one—he then attempted to throw it on one side—Scott rushed forward to seize his hand, and the purse fell, I believe, on the seat—Jones said, "These men are strangers to me"—as we went to the station, he said they were strangers, and had gone to have a glass of ale together—after the examination at the Mansion-house, I was conveying Mackay and Jones to the Compter in a cab,

and they were talking together as to what the lady could say, if she was brought before the Magistrate—she had not then been examined—Jones said to me, "If you get the lady, what can she say?" I made no reply; and he said, "If you get her, she can't say how she lost it; the arm is too quick for the eye"—I did not speak to him at all, either before or after that.

Cross-examined by MR. SLEIGH. Q. When you arrested them, were there other persons in the room? A. Yes; two, I think—they appeared respectable men—it was an ordinary public-house parlour-table they were sitting at, but there were no pots or glasses on it—the table was near the wall, with a bench against the wall—the table obstructed the sight of their knees—these three were sitting close together, M'Kay first—M'Kay did not say he had found the purse—all they said was, when Scott said we wanted these four, they asked what for, and Scott said, "For stealing this purse."

Cross-examined by MR. RIBTON. Q. Did not the Magistrate desire the money found on Horton to be given up to him? A. Yes.

MR. RYLAND. Q. What did the purse contain? A. One sovereign and two half sovereigns in a separate purse, inside the other one, and six shillings in silver—there were two or three other people in the room, but we recognized these four immediately we opened the door.

SAMUEL AMBROOK . I am foreman to Knill and Co., of London Bridge-wharf—on 13th Sept. I was employed on this steamboat-dummy, and saw the four prisoners there—I saw Scott there—I did not know the prisoners before; but I watched them, in consequence of seeing M'Kay try a lady's dress—the other three came round the lady, one behind and the other two at the side—I cannot say exactly how they were, as there was a great mob; bat I saw them all four round the lady, and in a minute or so they all went away—I think the lady was Mrs. Taylor, who I have seen since; but I did not see her sufficiently long to swear to her—I followed the prisoners up Cox's Quay-gateway, and saw them all in conversation—I saw Scott at the top of the gateway, told him what I had seen, and I went with the policemen to the White Hart—I there saw the four prisoners, three on one side of the table, and one on the other—Scott laid hold of M'Kay, and took a pane from him—Jones said he had nothing to do with the others.

Cross-examined by MR. RIBTON. Q. Were you examined before the Magistrate? A. No; the policemen did not consider I was wanted—the boat was going at half-past three, and this was a quarter past—there was a great crowd—there were a great many people about the lady, but they did not surround her as the prisoners did.

ELIZABETH RAMENT . My husband keeps the White Hart. On the afternoon of 13th Sept. I was in the bar, and the four prisoners came running in one after the other, in a bustle—I cannot swear to any of then particularly, except M'Kay—I saw them scuffling in the passage; went to them, and they said they wanted a private room—I said, "This is the room," meaning the public parlour; and they immediately went in, and seated themselves together—some officers came immediately after, and took the same four men away.

JOHN MERRY (City-policeman 535). I was not examined before the Magistrate. On 13th Sept. I was on duty, in Lower Thames-street, and went with Scott and the other officer to the White Hart—I was the last to go in, and Scott said, "These are the four men I want"—Scott had then got M'Kay—they were all sitting at the table, three on one side and one on the other—I took Mackay to the station—he said he had no right to be apprehended,

as he knew nothing of the others; he merely went in to have a glass of ale.

COURT. Q. Did you see any ale before them? A. No.

Cross-examined by MR. SLEIGH. Q. How many persons were in the room at the time of the arrest? A. The four prisoners, Scott, another policeman, myself, another man in plain clothes, and I think two strangers.

ANVE MARY WINIFRED TAYLOR . I am the wife of William Taylor, of Herne Bay. I had been in London, and was going back on 13th Sept by the Herne, which leaves at half-past 3 o'clock—I went to the wharf to go on board—I had shortly before taken some refreshment at a French house in Gracechurch-street—I paid some money, and put my purse back into my pocket—it contained one sovereign and two half sovereigns, in a small striped bag, tied round with a piece of black silk, which was at one end of the parse; and there was some silver, I cannot say exactly how much, at the other end—there was a great crowd at the boat, and I waited—I had hold of my dress and felt my purse; but I felt a pressure on my shoulders, and was obliged to leave go of it—after the boat had started I found my purse was gone—I am quite sure it was in my pocket till I felt the pressure—I bad never taken my hand from my pocket till then—when I got home I gave information—this is my purse—I have no doubt about it.

Cross-examined by MR. SLEIGH. Q. What had you in your pocket? A. I had a small book of "Wyld's Globe," and another on "Incubation;" a handkerchief, and my purse was at the bottom.

Cross-examined by MR. RIBTON. Q. Do you mean you had kept your hand on your pocket ever since you bad left the French hotel? A. Yes; I had a shawl on with a fringe to it—I discovered my loss a quarter or half an hour after I went on board.

JURY. Q. Was your pocket sound? A. Yes, it was a new dress.

M'KAY— GUILTY . * Aged 18. HORTON— GUILTY . * Aged 22.

MACKAY— GUILTY ** Aged 20. JONES— GUILTY . * 23.

Horton was further charged with having been before convicted: to which he pleaded GUILTY.—All Transported for Seven Years.

Reference Number: t18511027-1897

1897. WILLIAM HAMILTON and CATHERINE PETON , stealing 18s., 1 sixpence, and 1 groat; the moneys of John Newby, the master of Hamilton: to which they both pleaded

GUILTY . Aged 19.—Recommended to mercy by the Prosecutor.— Confined Six Months.

Reference Number: t18511027-1898

1898. MARY CONNOR , stealing one watch, value 7l.; the goods of John Smith, from his person.

JOHN SMITH . I am a surveyor, of Manchester. On the morning of 18th Sept., between 3 and 4 o'clock, I was with a friend near Fetter-lane, we met the prisoner and another woman—my friend and the other woman left me at the corner of Fetter-lane—I went up Fetter-lane to go home, and the prisoner walked by my side—when I had gone about fifty yards up Fetter-lane, I felt a jerk at my guard, and my watch was gone—my watch had before been as it is now, with the guard round my neck, and this little chain hanging out—the prisoner then ran off at great speed—I had seen a policeman pass just before—I went after him, gave him information, went afterwards to the station, and saw the prisoner there, and my watch—this is it (produced).

Cross-examined by MR. BALLANTINE. Q. What is your friend's name? A. He is not mentioned, and was not present at the transaction—he is in

Manchester—he was then staying in Newgate-street—we had been to a friend's house—I am not ashamed to tell where that was, they are highly respectable—we had been to two or three friends, but I do not wish to say where—the friend J was with in Fleet-street is a physician, in Manchester. (The witness declined to answer any questions as to who, what, or where his friends were)—we had been to several places of amusement.

Q. Where had you been to?—where come from last, at 3 o'clock in the morning? The prisoner says you could not pay her any money, and gave her the watch; I want to know the probability of that from the previous part of your conduct that evening? A. We had come from Evans's, in Coventgarden; we had been there about two hours—I believe we had been to the theatre before that—I think it was the Lyceum; it was the Lyceum—one of the two women we met in Fleet-street went off with my friend, she took him—I do not think be liked to go—I think he went against his will—I was going home to Gough-square, and up Fetter-lane was the nearest way—the prisoner followed me up the lane—I swear I was unwilling for her to follow me—I am thirty-five years old—there was nothing going on between us—she jostled against me—I was joking, but there was nothing improper in the jokes—I cannot exactly recollect what they were; they have gone out of my memory; they were nothing but words—there may have been the joke of putting my arm round her waist—I believe I did—I object to answer whether I put my arm anywhere else—she did not give me time to give her anything—I do not recollect that she asked me for anything—I did not tell her I had got no money—it happened near a school, in Fetter-lane—it was not up a dark passage or court—she did not say that I was going on in that way that it was only decent to have a room-nothing was said about a room—she did not invite me anywhere—we were not together a minute and a half.

JURY. Q. Was your watch-chain broken? A. No; the bow of the watch was broken off.

GEORGE ROBINSON (City-policeman, 804). On this morning, about 4 o'clock, I was on duty at the bottom of Fetter-lane, and saw the prisoner and prosecutor standing at the corner of St. Dunstan's school, in Fetter-lane—I left them there, and went on my beat—before I got round my beat, I was met by the prosecutor, who told me of the loss of his watch, and described the female to me—in about a quarter of an hour or twenty minutes I found the prisoner by Temple-bar, and took her to the station.

Cross-examined. Q. What do you mean by saying you saw them standing together? A. They were walking when I first saw them, and I left them standing together at the corner of the school-house—the prisoner was at the prosecutor's side, about two paces off—I did not see any unwillingness on the prosecutor's part—he was quite sober.

ELIZABETH JOYES . I search females at the station-house. The prisoner was brought there on the morning of 18th—I searched her, and found 3s. and some copper—I told her then that I must search her strictly, I was told to search for a watch—she said she was quite innocent, and would not be strictly searched by me, she would be searched by a surgeon—I told her she must be searched; she objected, and I went and told the inspector—the inspector told her she must be searched, and she then allowed me to search her strictly, and I found there was a watch concealed in her person—she said she had no watch there, and I told her if she did not allow me to get the watch I would go to the inspector—the inspector said he would give her one more chance, or else send for a surgeon—I went back and told her that, and that it

was no use denying it—she then said "Wait a minute," and in about a quarter of a minute she gave me this watch from her person.

GUILTY . Aged 23.— Confined Six Months.

Reference Number: t18511027-1899

1899. RACHAEL SIMMONS , stealing 234 yards of silk, value 16l.; the goods of the London and North Western Railway. 2nd COUNT, receiving the same.

MR. BALLANTINE conducted the Prosecution,

WILLIAM OSBORNE . I am warehouseman to Cook and Son, of St. Paul's Churchyard. I bought this silk (produced), in Manchester; there is my mark on it—about the middle of Sept. the silk was sent to a person at Banbury—after that we received what we term a "Return invoice," (produced) but we never received back the goods.

THOMAS BLOTHAM . I am a draper at Banbury, in partnership with John Prescott. On 14th or 15th Sept. we received a box from Messrs. Cooks, containing two pieces of black silk—this produced is of the same quality, length, and number, but I cannot swear to its being the same—we did not want it, and in consequence sent this return invoice to Cook's on 19th Sept.—I packed the goods up myself with some other goods, directed them to "Cook, Sons, and Co., St. Paul's Churchyard," and left them to be called for by Pickford's, who collect for the railway—I did not deliver the goods to Pickford's myself, but I found about 4 o'clock that they had left the house—this receipt was given for the box, which was covered with brown paper—(produced).

GEORGE CROSS . I am in the employ of Mr. Golby, of Banbury, who is agent to Pickford. On the afternoon of 19th Sept. I fetched a brown paper parcel from Messrs. Prescotts', which was directed, "Cook, Sons, and Co., St. Paul's Churchyard"—I signed the book for it, and delivered it to M'Dougall at the railway station.

JOHN M'DOUGALL . I am a checker, at the Banbury station, for the London and North Western Railway Company. On 19th Sept. I received a parcel from Cross, directed, "Cook and Sons, St. Paul's Churchyard"—it was weighed, placed in the railway waggon, which was locked, and forwarded by the goods train to Camden-town—I marked the weight of it, 16 lbs., on the note.

FREDERICK TAYLOR . I am in the employ of Pickford and Co., at Camden-town. I was at the station from 12 o'clock on the night of 19th Sept., till twelve the following day—about four on the morning of the 20th, a truck arrived from Banbury, which I unlocked, and found in it a parcel, directed "Cook, Sons, and Co., St. Paul's Churchyard"—it was invoiced at 16lbs.—I saw it again between ten and eleven in the day, moved it to one side of the truck, left it there, and left the truck unlocked—I missed the parcel about twelve.

JOHN NICHOLS (City-policeman, 240). On Saturday, 20th Sept., I was on duty in Holborn, about a quarter-past 3 o'clock—I saw an omnibus, which to the best of my belief was a Camden-town one, stop, and the prisoner got out of it with a bundle under her shawl, and went into the Castle public-house, in Castle-street—I had seen the prisoner before, and knew she lived in Field-lane—I waited by the pubic-house, and she came out again without the bundle, and went through a court leading to Fetter-lane, in the direction of Field-lane—I called Hewitt's attention to it—I continued to watch the house, and in about twenty minutes saw the prisoner go back again—there are two doors to the house—in three or four minutes the prisoner came out again

alone, with the bundle—we followed her to Bartlett's-buildings, where Hewitt spoke to her—I do not know whether she has a husband or not.

Cross-examined by MR. CLARKSON. Q. How long have you known her? A. Three or four years—I know the man with whom she has been living some years—I saw him in the Castle just before she went the second time but not at first—I told Mr. Swan, the attorney, that I saw her husband there—it was a quarter-past 3 o'clock when the prisoner came out.

MR. BALLANTINE. Q. Does she live in Field-lane? A. Yes; she keeps a handkerchief-shop—the man she lives with goes by the name of Mr. Simmons—I have not seen him at the shop lately—he was not with her when she got from the omnibus with the parcel—if he had been there I most have seen him—I saw him in the Castle a minute or two before she came back, and about ten minutes or a quarter of an hour after she had gone in the direction of Field-lane—I could go from Castle-street to Field-lane in ten minutes—I did not see the man go into the house; but there are two doors, one in Castle-street, and another in Norwich-court.

DAVID HEWITT (City-policeman, 233). In consequence of what Nicholls said to me, I went to the Castle tavern, and afterwards went into Holborn, as far as opposite Hatton-garden, where I saw Mrs. Simmons's husband, a man who lives in Field-lane, coming up Bartlett's-buildings, going in the direction of the Castle from up Holborn-hill, from the direction of Field-lane—that was about a quarter of an hour after Nicholls had spoken to me—in two or three minutes I went back to the Castle, and saw the prisoner come out with a bundle tied up in this handkerchief—I followed her down Norwich-court, across Fetter-lane, down Bartlett's-passage, into Bartlett's-buildings, where I overtook her and said, "Mrs. Simmons, what have you got in that bundle?"—she said, "Oh, it is only a bit of silk"—I said, "Where did you get it from?" she said her husband had wrapped some silk handkerchiefs away for it; meaning changed, I suspect—I asked her with whom, and she said she did not know who it was, but thought it was a foreigner—she said, "I will go with you to the station-house"—I had said nothing about going to the station—I said, "Very well," and she walked down carrying the bundle—when we got there I asked her how much silk there was, whether there were ten yards, twenty, thirty, fifty, or a hundred—she said she did not know—I had it measured, and there are 234 yards.

JAMES WARD . The name of Pickford's firm is, "Joseph Hornby Baxendale, and others."

JOHN TATE . I am assistant-warehouseman at Cook's, and am employed to receive returned goods—I received no such parcel from Banbury.

(The prisoner received a good character.)

GUILTY on 2nd COUNT. Aged 46.— Confined Six Months.

Reference Number: t18511027-1900

1900. GEORGE SMITH , stealing 1 handkerchief, value 2s. 6d.; from the person of a man unknown.

WILLIAM HOLDING . On 24th Sept., about 20 minutes to ten o'clock in the morning, I saw the prisoner in Smithfield, a few yards from Long-lane, walking very quick behind a gentleman—having some previous knowledge of him, I turned round, and saw him take a handkerchief from a gentleman's pocket, and put it into his side-pocket, as I thought—he walked away very quickly—I pointed him out to a policeman, who took him into custody, while I went after the gentleman, but I could not overtake him—he must have gone into some shop—this is the handkerchief (produced).

Prisoner. Q. Did you see me pick the pocket? A. Yes; I did not speak to the gentleman, because I could not overtake him.

JOHN FAWCETT (City-policeman, 212). I took the prisoner into custody, and found the handkerchief under his arm, between his coat and waistcoat,

The prisoner called

GEORGE LEE . I am the prisoner's father, and live at 9, Young's-buildings, Paul's-alley, Cripplegate. The prisoner has gone by the name of Smith—I have known him all his life—till within the last six months he has borne a very irreproachable character, and has got his living by hard work, at printing—I beg to say the handkerchief was his own, and given him by his mother—his mother told me she gave him the handkerchief the week before—I did not tee her give it him—I am a porter and messenger—it is two years and a half since I have had regular employ—I was before that eleven years at a manufacturing chemist's, and am now paralyzed—this letter is not my writing—(this was a letter the witness had handed to the Court, begging the Court to deal leniently with the prisoner, but stating nothing about the handkerchief being his own)—I authorized it to be written—I did not tell the person what to write—I told him it was in respect of the boy being in trouble; and as I had no means to employ counsel, I should feel obliged by his addressing a few lines, so as it would have some weight with your Lordship—I do not know what he wrote, but I expected he would tell the truth—he handed it to me after it was written, but I did not sign it myself—I read it over, and approved of it—there is nothing mentioned there about the handkerchief being his own—I thought that was sufficient to answer all purposes, believing him to be innocent.

JANE LEE . I am the prisoner's mother. He has never been away from home except for three months—this handkerchief is his own property—I was with him when he bought it, down Rosemary-lane, and saw him buy it—he gave 1s. 6d. for it; and the reason he got it so cheap was because I bought a pair of boots for my little girl at the same time—it is marked "J. G." or "G. K." in the corner—I did not see the mark when he bought it, but when I washed and ironed it—he bought it on the Sunday morning, as he was taken on the Wednesday. (The handkerchief was examined, but no initials found on it.)

GUILTY . **† Aged 19.— Confined Twelve Months.

OLD COURT.—Friday, October 31st, 1851.

PRESENT—Mr. JUSTICE MAULE; Mr. JUSTICE CRESSWELL; Sir PETER LAURIE , Knt. Ald.; Sir WILLIAM MAGNAY , Bart., Ald.; Sir WILLIAM CUBITT , Knt., Ald.; and RUSSELL GURNEY , Esq.

Before Mr. Justice Maule, and the First Jury.

Reference Number: t18511027-1901

1901. JANE SMITH was indicted for the wilful murder of her newborn child.

(The evidence in this case was not of a nature for publication.)

NOT GUILTY .

Before Mr. Justice Cresswell.

Reference Number: t18511027-1902

1902. CHARLES APPLEBY , feloniously forging and uttering an acquittance and receipt for 39l. 1s. 5d., with intent to defraud Thomas Frank Judd.

MR. CLARKSON conducted the Prosecution.

THOMAS FRANK JUDD . I lived at 11, Clarence-row, Kentish-town—I

was formerly in the medal-department of the Admiralty—at the latter end of Dec. I was in Hyde-park, near the Crystal-palace, and met the prisoner—I had known him some years before, at Cheltenham—he was one of the classical masters at the Proprietary College there, when I was a pupil—he asked me what I was doing—I told him I had a temporary situation in the Admiralty, at Whitehall, but that as the business I was engaged in would be very soon concluded I had some thoughts of going into a profession—he told me he was a barrister of the Middle Temple, that he had chambers in the Temple, and he lived in Grafton-street, Fitzroy-square—I said, "I have some thoughts of going to the bar, and perhaps, as you are a barrister, you will be good enough to give me some information about the expense, and so on"—he said if I would call on him in the course of a few days, at his lodging, he would give me every information—after a few days I called at his lodging—he then said that it would require a sum of 40l. to enter me in the Temple—he also said that 100l. would be required as caution-money—I objected to that, because I said I had been educated at Oxford, and had left the University with my college testimonial, and I thought they ought not to require that caution-money—I said the matter required some consideration, and I would consider over it—some days afterwards I called on him again; that was on 10th Jan.—I told him I had made up my mind to become a student, and that I should be prepared with the money next day—I went on the 11th and sold out some stock, and on the 16th got the money—I gave the prisoner 40l., in 10l.-notes, and went with him to the Temple—I waited for him at Prosser's oyster-shop, in Fleet-street, while he went to the treasurer's—he came back in about half an hour, and said he had paid—this receipt (produced) I got from him some days afterwards, not then—he gave me a receipt then, which I returned to him, as I was not satisfied with it, because it was not stamped—he gave me this about ten days after—he said, "This is the receipt"—I said, "It is a very strange kind of receipt; they must do business in a very odd way in the Temple"—he said the treasurer was a very careless sort of fellow, and many complaints bad been made of him; "in fact," he said, "he indulges rather freely"—I did not make any inquiry at the Temple on this subject until Aug.—I was taken very ill, and went to Brighton, where I remained some time—then I went to stay with a friend—the receipt purports to be signed "W." or "H. Compton"—the prisoner told me that Mr. Compton was treasurer of the Middle Temple—I have looked at this receipt—I have seen the prisoner write on two occasions—my belief is that this is his writing—Messrs. Knight, Son, and Reeves, were the brokers from whom I received the 10l.-notes.

Cross-examined by MR. BALLANTINE. Q. I believe you were living with some sisters at this time? A. Yes, and am at present—I did not wish them to know of my intention of entering the Temple at the time—I told them afterwards—I did not tell the prisoner that I did not wish them to know—he said, "You bad better not tell them anything about it; you know women, what a talk they make about these sort of things"—I am sorry to say that he knew my sisters—I think I told him that I should not say anything to them at present; that was after he bad recommended caution—it was not said that if the receipt was given in the ordinary form of the Temple receipt that they might see it—I am quite certain about that—I did not say to him, "You know how inquisitive women are, they may look at my papers"—I said nothing of the kind—I have often sent them with the key of my desk where I keep my papers—they do not pry into my private affairs, of course—I did not say I would rather not have a receipt which would tell the story

to my sisters—I did not tell the prisoner about my occasionally giving them the key of my desk—it was not 70l. that I gave the prisoner—I am sorry to say that 70l. will not cover what I have lost through him—he did not return any to me.

THOMAS REEVES . I am one of the firm of Knight, Son, and Reeves, stockbrokers, in the City. On 11th Jan. I sold some securities for Mr. Judd, and paid him the money on the 16th—I then had a clerk, named Henry Edwards—I sent him with a check to be cashed, and received in exchange four 5l. and six 10l.-notes, all of which I gave to Mr. Judd—two of the 10l.—notes were numbered 98910, and eleven dated 4th Nov.

RICHARD ADYE BAILEY . I am a clerk in the Accountant's-office, Bank of England—I produce two 10l.-notes, dated 4th Nov., 1850, numbered 98910, and eleven—they were paid in by Messrs. Gosling, on 28th Jan.

EDWARD PAYNE . I am a clerk, in Messrs. Gosling's banking-house, Fleet street. On 25th Jan. I received these two notes, among others, from the society of the Inner Temple—I find the word "Temple" endorsed on one of them—that was done, I should say, by one of the clerks, named Martin—he made the entry in the cash-book—he has since left.

MR. HORLSTONE. I am the roll-keeper of the Inner Temple—I keep an account of the names of the gentlemen admitted as students there—I do not find the name of Thomas Frank Judd there—I find the prisoner's name—he was admitted on 24th Jan., and dined on 28th—I keep a daily account of the members who dine—there is no person of the name of Compton either treasurer, sub-treasurer, officer, or clerk, in the Inner Temple, or having any authority to receive money, nor has there been for many yean to my knowledge.

Cross-examined. Q. Would there be any receipt given? A. Not unless they deposit 100l., then there is a form of receipt given from a book—in this case there was not—the principal sum paid is for stamp-duty.

GEORGE BRYANT . I am acting for the sub-treasurer of the Inner Temple—there is no person in the office of the name of Compton authorised to receive money.

ROBERT SCOTT . I am an assistant-clerk in the Inner Temple-office. On 24th Jan. last the prisoner attended, to be admitted as a student of the Inner Temple—I produce the book of admissions, which each student has to sign—the prisoner signed this on 24th, "Charles Appleby, Trinity-college, Dublin; paid 35l. 6s. 3d. "—he is not a barrister of the Inner Temple—there is no person of the name of Thomas Frank Judd entered on 24th Jan., or any day between 16th Jan. and the present time—the Hon. Dr. Lushington was treasurer of the Inner Temple in Jan. last.

EDWARD ELDRED . I am sub-treasurer of the Inner Temple—I have examined the books, containing the names of the entries of students of that Inn, from Jan. last to the present time—there has been no such person entered as a student as Thomas Frank Judd—Henry Longlands, Esq., is treasurer of the Middle Temple—there is no person named Compton treasurer, sob-treasurer, assistant-clerk, or officer, entitled to receive money at the Middle Temple—I know of no such person acting in any capacity in the Middle Temple.

THOMAS BALDWIN (City-policeman, 273). On 20th Sept. Mr. Judd gave the prisoner into my custody, in Newgate-street—on the way to the station he said he hoped Mr. Judd would not take proceedings against him for the sake of his child; it was a private affair, and ought to be settled in a private

manner—(receipt read: "Received on behalf of Frank Judd, Esq., 39l. 1s. 5d. H. Compton.")

GUILTY . Aged 31.—Recommended to mercy by the

Prosecutor.— Confined Twelve Months.

Before Mr. Justice Maule.

Reference Number: t18511027-1903

1903. RACHAEL MENZIES , unlawfully receiving of Alexander Beale 50l., under pretence of making interest to procure him an office under the Lords of the Admiralty.

MESSRS. BALLANTINE and MONTAGUE SMITH conducted the Prosecution, SIR FRANCIS BARING. I am First Lord of the Admiralty. This letter, dated Admiralty, 17th Sept., signed "F. Baring," is not my writing, or written by my authority—I know nothing at all of it—I do not know the prisoner, and never saw her before—I have had two applications for appointments sent me in her name.

Cross-examined by MR. M. PRENDERGAST. Q. Did you know Commander Fisher, of the Swan, Government cutter? A. The applicant stated that she was the daughter of a captain in the navy, who had distinguished himself and lost his life in an engagement—I believe that story is correct, that the officer did lose his life; she represented him to be her father, and in consequence the name was put down.

MR. MONTAGUE SMITH . Q. Was it an application on behalf of her son? A. Yes.

ALEXANDER BEALE . I live at Wellington-terrace, Clapham-rise, I was formerly an attorney's clerk—on 16th April last I put an advertisement in the Times— it appeared on the 17th—the same day I received a letter by post; upon which I afterwards saw the prisoner, and she said she was my correspondent—(ready "9, Denmark-street, 17th April, 1851. Would an appointment in the Naval Department of Somerset House, commencing at 90l., and progressing to several hundreds, suit the advertiser? or one in the first national commercial establishment, commencing at 70l., and progressing to 300l. per annum? If so, either can be obtained; for the first, a premium of 300l. would be expected, 50l. of which would be expected at the nomination, and the remaining 250l. on entering on the duties of the situation, or as might be convenient. For the second, 200l.; 50l. to be paid on the nomination. Should either of these suit the views of the advertiser, every particular will be explained by applying, in the first instance, to R. F., 9, Denmark-street, Soho. It will be necessary to state the age of the advertiser.")—I wrote a reply, to that address—this is the draft of it, on her letter. (Thomas Blunden, policeman, produced a copy of a notice to produce the original letters,&c., served on the prisoner on Oct. 28.—Copy read: "Mr. Alex. Beale, of 1, Wellington-terrace, Clapham-rise, will be glad to treat with R. F., of 9, Denmark-street, for one of the appointments mentioned in R. F.'s letter, if R. F. will send further particulars, with the understanding that the whole of the turn agreed to be paid be deposited with some banker, to be handed over four days after A. B. shall have entered on the duties of his office. The age of the advertiser is 25. April 19, 1851.)"—I answered that letter—it was merely two or three words—I think I said I would call—I afterwards received this letter, marked "C" (read: "9, Denmark-street, Soho, 26th April,—Sir, I shall be happy to see you, as you propose in your letter, which I duly received; but as I should wish to see the Secretary of the Admiralty, as well as him of 'Lloyd's,' before we meet, I must not ask you to call before Thursday evening, 29th inst.; for as all the great world is out of town this week, J cannot expect to obtain an

interview till the morning of that day; for, to tell you the truth, although I wish to make no boast, my claims are so strong, that I have been led to expect some appointment above the ordinary commencing salary; and it is to obtain information on this subject that I seek an audience. Perhaps, therefore, you will call Tuesday evening, about 7 o'clock, unless you hear from me to the contrary. In the meantime, I remain, Sir, yours faithfully, R, F. To Mr. Alex. Beale.")—I called at 9, Denmark-street, Soho, on Tuesday evening, with Mr. Fry—I was shown into a room, and found the prisoner and an old gentleman, who retired immediately I entered—the prisoner said she supposed I was astonished to see a lady; but she was the person who had corresponded with me—she said she was in a position to promise me an appointment, in consequence of the services rendered by her father to the shipping interest and to the Navy; and said she should require 50l. for the expense of remaining in town, and to fee the clerks with a golden key to give her the first information of any vacancy—I asked her what security she would give me—she said she thought the old gentleman who had retired, her landlord, would oblige her by giving her his acceptance—she said his name was William Menzies—I said I would consider of it, and left—I afterwards received this letter—(read: "30th April, 1851. 9, Denmark-street. Sir, I did not see my landlord last night, as he had gone to see an invalid friend, and was late; but to-day I explained that I should require security for 50l. at six months' date, and that I calculated upon his long friendship and knowledge of me to become my guarantee. He consented to do so, provided his note-of-hand or his acceptance should be satisfactory; for, although very willing to serve me by any responsibility of his own, he would not put himself under an obligation to another person. There cannot be a doubt but you will be appointed before the period stated; so that I have no hesitation in accepting this kindness from him. If you saw Mr. Cooze, I dare say you heard that Mr. Menzies is an honest roan, and would enter into no engagement that he could not be prepared to meet. For myself, I need say no more than that self-interest will be a sufficient guarantee for the exercise of the interest I possess to urge your speedy appointment. If agreeable to you, perhaps you will call to-morrow evening, and then I shall hear your final decision. In the meantime, although you know my name, t will subscribe myself, Sir, yours faithfully, R. F. To Mr. Alex. Beale.")—After I received that letter, I called on her, and she said her landlord would give his acceptance, and said it was usual to bind the agreement by something, and I gave her a sovereign—she sent out and bought a stamp, and I drew a bill on William Menzies, which the prisoner brought to my house next day accepted; and I paid her 47l. 15s., deducting the sovereign I had let her have, and 1l. 5s. for interest, as it was a six months' bill—I had prepared a memorandum, which I gave to her—this is a copy of it—(read: This was an agreement between Alex. Beale and Mrs. Fisher, that in the event of her procuring him a Government or other appointment, such as he is capable of undertaking, within six months, the bill which she holds shall be void; and that he will pay her 250l. if the appointment be in the Admiralty, and 150l. if it be in Lloyd's. Signed, Alex. Beale.)—after that time I had several communications with her, and up to 25th Sept. I had no appointment—I called on her a few days before Sept. 25th—she was ill, and I said I would call another time, and she wrote to tell me to call on Monday 25th—I went, and she said she had received a very favourable letter from Sir Francis Baring, the First Lord of the Admiralty, and I was to get an office from him—she showed me the answer—this is it—(read: "Admiralty, Sept. 17th. Mrs.

R. Fisher. Dear Madam,—I much regret to hear of your loss of health, more especially as I have not yet been able to complete your wishes, which is much more difficult than you imagine. I can only repeat my strong desire to serve you, even to your perfect satisfaction; and it shall be done as soon as possible. One of the best things you can do is to go down to our country-house for a few weeks. The change will be of service to you, and my girls will derive both advantage and pleasure from your society. In the mean-time, we will hope something will present itself satisfactory. Let me know your mind on this, that we may arrange accordingly. Dear Madam, yours faithfully, F. Baring.")—I asked her to allow me to keep that letter—she said she should require 15l. before she went, that she must replenish her wardrobe, she should want two new silk dresses, and a few pounds in her pocket, to appear as a lady—I did not part with any more money—I had made some inquiries, and laid it directly before the solicitor to Sir Francis Baring—I knew it could not be genuine from the style of the letter; and the Result was, that the Admiralty directed a prosecution.

Cross-examined. Q. You have been an attorney's clerk? A. Yes. I did not know that it was not legal to negotiate such a sale—I made inquiries with respect to the responsibility of Mr. Menzies—they were not very satisfactory; but T advanced the money.

GUILTY . Aged 68.— Confined Three Months.

Before Mr. Justice Cresswell.

Reference Number: t18511027-1904

1904. JOHN OWEN , feloniously cutting and wounding George Bennett, with intent to maim and disable him. 2nd COUNT,—with intent to do him some grievous bodily harm.

MR. CLARKSON conducted the Prosecution.

GEORGE BENNETT . I keep the Ben Jonson, Harrow-road. On Saturday, 13th Sept., I went into my parlour about five minutes-past 10 o'clock—it was nearly full of customers—I saw the prisoner there—he had some gin and water I think it was, in a glass—he seemed to be annoying some gentlemen—I could not hear the expressions he used, but I saw they were annoyed, and begged of him to desist—he would not, and three or four gentlemen got up and left him, and went to the other side of the room—he in a minute afterwards followed them, and stood at the table opposite them abusing them dreadfully, and using very disgusting language to them, swearing be would serve them out—I was trying all that kind persuasion would do to get him out without any bother—he had the glass in his hand in a threatening attitude, and I took it out of his hand and carried it towards the door, thinking he would follow me, which he did not—I then went back with the glass in my left-hand, and took him out of the bar with the other—he did not resist in the least—I put the glass down on the counter, and told him, if he behaved himself quietly, he might stop there and drink it but into the parlour be should not go to use such disgusting language—he never answered me, but walked back to the parlour and spoke to a gentleman sitting opposite to me—I spoke about two words to him, and was in the act of taking up the table to get behind it, and I was struck senseless down on the table—when I recovered, I found two gentlemen taking me along the passage, and three streams of blood running, as large as a tobacco-pipe—I fainted away again, and did not come to myself till after a surgeon dressed the wounds—I did not see the prisoner when he struck me.

Cross-examined by MR. ROBINSON. Q. Had the prisoner been in your house frequently? A. I would rather not answer the question, for I shall only injure him by so doing—he has been in, and I have forbid him the

house—a gentleman gave him a glass of something, to go out—I have had him turned out—I did not see him on this evening, to my knowledge, till I saw him in the parlour—I have been told that he is rather riotous and noisy when he drinks, and I have found him so once before, that was the first Saturday I was in the house—I did not know him then—this was the third time he had been since I was there—it was about a quarter of an hour from when I went in till the blow was struck—I only went in once—I was in the house the whole time—I was in and had my supper, and then went into the parlour—I saw no liquor supplied to the prisoner, and do not know how much be had, because I had a new waiter; I had told the old waiter never to serve him—I did not consider him drunk at all—he was very much excited; more excited than drunk, by the parties who had been annoying him about his work—I heard something of it.

JOHN OVER . I am a carpenter and builder, of 3, Eastling-plaee, Harrow-road. On Saturday evening, 13th Sept., I was at the Ben Jonson, and saw the prisoner there in the parlour—I went there shortly after 9 o'clock, and found him there—he was endeavouring to kick up a disturbance with two or three people—two of them were brothers, named Robinson—he appeared very quarrelsome, and challenged one of them to fight—in about three-quarters of an hour the landlord came in; and by dint of perseverance of the company to make the prisoner quiet, he was quiet—the persons removed to the other side of the room out of his way, the two Robinsons, and two gentlemen named Holmes and Rogers—after a short time the prisoner followed them—they would not make room on the seat, and he stood in front of the seat, and threatened and challenged them to fight—the landlord requested the prisoner to go out, took his glass from his hand, and took it to the bar expecting him to follow it, but he did not; and the landlord came in again, put his band gently on his shoulder, and put him out of the room—the landlord was absent about a minute—on his return he was moving the table to get past a gentleman, when the prisoner rushed in with the glass in his hand, and struck the landlord with it on the forehead with all his might, and cut his forehead very much, and his own hand in three or four places—the glass was smashed all to pieces, except the bottom part—it was a large grog-glass—the landlord fell on the table, and was assisted by the company—I secured the prisoner till a policeman came—he said he did not intend to do it, and wished me to let him go—the blow appeared to me to be done on purpose, decidedly—he said he did not intend to do anything, and if he had done anything he was sorry.

Cross-examined. Q. You say the Messrs. Robinson were the persons he was chiefly annoying? A. He was endeavouring to quarrel with them principally—they were not before the Magistrate—I believe one of them is here—there was a person named Parnell there—I did not heat the prisoner express any anxiety to get into his service—he is a master builder, and employs men—the prisoner is a journeyman plasterer—I heard no language used to the prisoner of an insulting or annoying kind—I heard him say be went there that evening to receive money for a job—the Robinsons said nothing about the way he did his work, or that he did not know how to plaster, and laid it on with an American shovel—the prisoner had a glass of gin and water when I went in, and J think he had it filled once after—I was drinking porter—the blow was struck with the glass in the left-band—I saw the pieces on the ground.

JAMES ROGERS . I am a stonemason, of Bunsley-street, Harrow-road. I was at the Ben Jonson—the prisoner came in about half-past 9 o'clock, sat by me, and commenced talking about some tools he had lost—he began to be

rather noisy, and I went and sat on the other side of the room—he began talking to other persons, who left and came over to where I was, he used bad language, which the landlord said he would not allow in his parlour—the prisoner persisted, and the landlord took the glass out of his hand and walked him by the hand into the bar, and in a minute or two the prisoner came in and struck Mr. Bennett a violent blow on the head with the glass, as he was about to take his seat—I should think it was done on purpose—he bled very much—I picked up some of the glass from the floor, and gave it to the policeman.

Cross-examined. Q. Were you there as early as Mr. Over? A. I was there when he came in—I did not hear them chaffing the prisoner—I heard him addressing Mr. Robinson, something about his work; but I went across to the other side of the room, which is about fourteen feet square—I heard the prisoner say that Mr. Robinson said he had laid on the plaster with an American shovel—after the blow, I heard the prisoner say he was very sorry indeed.

JAMBS HOLMES . I am a pianoforte-maker, of Waverley-row, Harrow-road. On this evening, about half-past 9 o'clock, I was at the public-house—the prisoner sat next but one to me, having something to drink—I heard him say he would punch a man's head on Monday morning, and I thought it would take place that night, so I shifted my seat to the other side for fear I might stop the blow—the persons by me followed me, leaving the prisoner by himself—in two or three minutes he got up, and stood in front of the table before the others, and began to swear—he came and sat by my side—the landlord got up and took the glass from him, saying he would not have a piece of work in his house—the prisoner would not follow him, so he took him by the coat, and they went out together, and Mr. Bennett placed the glass at the bar, and said, "You may stand here and drink it; but such language in my parlour I will not have"—he then returned and closed the door, but I do not think it caught—he was about resuming his seat, when in an instant the door flew open, and the prisoner, with the glass in his band, struck him on the head—the glass broke, and the blood ran down as thick as a que—I went for a surgeon.

Cross-examined. Q. Was there anybody telling the prisoner he was a very bad workman? A. I did not hear it, or anything of the kind—I am not very quick of hearing—they did not talk so loud as the prisoner.

MR. CLARKSON. Q. Who was the person who spoke? A. I understood his name was Robinson—he is here—that is him.

GEORGE ROBINSON . I was subpoenaed here by the prisoner.

Cross-examined. Q. You have been in Court? A. Yes; I am a bricklayer and builder—I was at the public-house with my brother—the prisoner asked me if I could give him a job—I said I could not—he said, "You never will"—I said, "The manner in which you do your work is not the manner in which we wish to have it done"—I referred to some work he had been doing for Mr. Brooks—I did not say he had laid the plaster on with an American shovel, nor did my brother in my hearing—he is not here—the prisoner was drinking the whole time he was there.

WILLIAM PAMPHILON (policeman). I was called into the Ben Jonson, and found the landlord bleeding—the prisoner was standing in front of the bar—he was drunk—I took him into custody, and received a portion of the glass (produced).

SAMUEL NORWAY . I am a surgeon, of John's-place, Harrow-road. I examined Mr. Bennett, and found two wounds on his forehead, one under the

eyebrow, and two small wounds over the nose—he was bleeding profusely from them—I dressed them, and sent him to bed—there was a small artery divided—one wound was an inch and a half long—if a man had struck him with a glass like this, and broken it, that would produce the injury—he went on very well for a week, and then went into the country—I did not see him for three or four weeks, and then he returned in a very weak state, which I should think was very likely caused by the blow on the forehead—if he had been attacked with erysipelas in the country, the state in which I found him would be likely to have resulted from it—it is very probable that erysipelas would arise from the wounds, but I did not attend him in the country.

Cross-examined. Q. Erisypelas very often arises from superficial wounds? A. Yes; it depends on the habits and conduct of the patient whether it comes on or not—when a person receives an injury like this, extra care is required—he is a person of full habit.

MR. CLARKSON. Q. When you first saw him, and up to his going into the country, was the injury he had received a serious or a superficial one? A. A serious one. (The prisoner received a good character.)

GUILTY of Unlawfully Wounding, Aged 44.— Confined Four Months.

Before Mr. Justice Maule.

Reference Number: t18511027-1905

1905. JOSEPH JONES, alias Jonas, feloniously breaking and entering the warehouse of Thomas Burnham Wilkins and another, and stealing 350 pairs of boots, and 80 pairs of shoes; their goods.

MR. RIBTON conducted the Prosecution.

JOSEPH HOWELL . I am in the employ of Wilkins and Horner, shoe-factors, of 48, Aldermanbury. On 8th Sept. I left the warehouse at 7 o'clock, but did not lock it—I went there next morning, and had to wait till the watchman Green came with the key—he could not get the key in—we went to a locksmith, got in, and found the lock loose inside—the inner door was locked, but the bar was undone—I went into the warehouse, and missed a great quantity of boots and shoes.

JAMES GREEK . I am watchman to Messrs. Wilkins and Horner. On 8th Sept. I left the premises secure—it is my duty to see them locked—the outer door was locked at 7 o'clock in the evening, and I took the key away—I came next morning at 8, and found Mr. Howell waiting—I tried to unlock the door, but found the lock had been injured—I got a locksmith, went in, and missed some boots.

JOSEPH WARD (City-policeman, 628). On Wednesday, 10tb Oct., between 1 and 2 o'clock in the day, I was on duty in Houndsditch, and saw a man come out of the prisoner's house in Cutler-street, who I knew had been convicted at Worship-street—I noticed he was watching me, and looked after him—he went into a hatter's shop—I thought there was something wrong, and went with Noon, another officer, to the prisoner's house—I saw him there, with his wife and another woman—I said I suspected he had something wrong in his place, and I should search it; he said I might—I told Noon to stand at the door, and I commenced a search—the prisoner was in the middle of the room—he advanced towards Noon, and went out—I said, "Don't let him go"—Noon went after him, but came back without him—I went up-stairs with the prisoner's wife, and in a room on the first-floor I saw a hamper containing six pairs of shoes and ninety-three pairs of boots; these are a sample of them—I took possession of them—I kept looking after the prisoner, and in consequence of something I heard, I went to the back of a house in Ebenezer-square, and two other officers went to the front—just as

I reached the back-gate, the prisoner came bolting out right into my arms—I took him to the station.

Cross-examined by MR. BALLANTINE. Q. Did you speak to him about these boots? A. The warrant was read to him at the station by the inspector, and he said he had bought them in a public market—I have no doubt there are great quantities of boots and shoes sold in that neighbourhood—there are some new things sold in the Clothes' Exchange—there is a great deal of buying and selling there, among people of the Jewish persuasion.

JAMES NOON (City-policeman, 664). On 10th Sept. I was on duty in Houndsditch—I went with Ward to the prisoner's house—the prisoner went out, and I went after him, and lost sight of him in the Clothes' Exchange—I was one of the constables who went to the house in Ebenezer-square.

Cross-examined by MR. PARRY. Q. You know the market? A. Yes; there are quantities of things of this kind brought there from all parts of town—I know the prisoner to be a dealer.

HENRY FINNIS (City-policeman, 663). I went to the front of the house, and had a difficulty in getting admittance—I had to knock four times.

JAMES GREEN re-examined. I can positively swear to these boots and shoes being the property of my master—they are stamped with a crown—I stamped nearly all of them—they are cut out in the establishment, but in some cases the mark goes out in the making—I cut out this pair—they were safe on the Monday when I left.

Cross-examined by MR. BALLANTINE. Q. Where are the boots made? A. In London, not in Northampton—boots are sent up to London from the country 200 or 300 at a time—they do not make ladies' boots at Northampton—nearly 400 pairs were missed from our place—it is easy to distinguish London from country boots—I know these to be London made.

JOSEPH HOWELL re-examined. The warehouse is in the parish of St. Alphage, London Wall.

MR. BALLANTINE. Q. Can you say these are town-made boots? A. Yes, I should think so—to the best of my knowledge they are my employers; I cut them out—I swear I cut out this pair (looking at them), and the others are such as I cut out.

COURT. Q. I suppose some persons in London have got good workmen? A. Yes; they could make just the same kind of things.

Witnesses for the Defence.

JAMES LAMBDEN . I am a boot and shoe maker, residing at 1, Hanover-place, Vincent-terrace, Islington; I have lived in my present house four years, and in the vicinity about seventeen. I am frequently in the habit in the course of my business of attending at the Clothes' Exchange, chiefly for the purpose of buying old boot backs—I remember Tuesday, 9th Sept., perfectly well—I heard of the prisoner's wife being taken into custody before he was—I saw Mr. Jones in the market on 9th Sept., I was in Fill's-buildings, which is an entrance to the market, between 11 and 12 o'clock in the morning—a man came into the market with a basket on his head, and asked some man standing there to assist him down with it—the man did so—he then opened the lid—Mr. Jones, myself, and several others, congregated around to see the contents of the basket—(Wolf I met as I was leaving—I am not personally acquainted with Woodruff)—it contained a quantity of ladies' boots and shoes—I think they were similar to those produced—some had black bottoms, and some had white—I took hold of half a dozen pairs of the boots, and asked the man the price of them—he said, "I don't sell them in parts, they all go together—Jones was then standing there—he laid his handkerchief down on the pavement,

and began to take the boots and shoes out of the basket, lay them down, and examine them; and I came away, and left; him examining them—I saw several others go and take hold of them, and look at them—I did not see whether Jones bought them—I saw nothing further: as I came away—the man who brought them was dressed in a velveteen shooting-coat, or something of that kind, and a cape.

Cross-examined by MR. RIBTON. Q. When had you been at this market before? A. The week previous, and the week previous to that; I go there nearly every week, and sometimes twice a week—I believe I had purchased a few pair of boot-backs the week before—I do not know who I bought them of—sometimes we go as the hawkers bring their baskets in with old boots and shoes, and select what suits us—I do not know who the man was that I bought of the week before, or how he was dressed—it is not unusual for a man in a velveteen coat to come into the market in this way—I have seen men in all sorts of dresses; dressed like gentlemen, and like beggars, selling anything they have to sell—I believe the prisoner to be a dealer in different things—I have never been to his house—I have known him from seeing him about the lane a good while, buying different articles, the same as other dealers—I do not remember that I ever bought anything of him—I did not notice what sort of cap the man had on, the coat was a dark one—I did not take particular notice of the colour, and the cap was a dark one—the basket was a flat rod basket, a brown one—it contained a goodish many boots and shoes; I cannot say how many, it was pretty full—I did not wait till the bargain was concluded—my curiosity was not excited; I found I could not deal with him, and I had no further interest in it; there were six or seven or eight, perhaps, congregated round the basket—it was not a crowded part of the market—he pitched it down in Fill's-buildings, at the entrance of the market—I do not know the man who assisted him to lift it down.

Q. When did you first hear of this transaction afterwards? A. I heard them talk of it in the lane some time after, perhaps a month ago—I heard the Jews talking of Jones being in custody about some boots and shoes—I did not hear of it till after he was in custody—I did not hear that he was not to be found—I did not go to the police court—I told this story about the man in the velveteen coat about a fortnight or three weeks ago to some parties, and they introduced me to Mrs. Jones; I told her what I knew of the affair, and she asked if I would have any objection to go to her solicitor's, and state to him what I had told her—I said I would go with pleasure, if it would do her any good; and I went with her to the solicitor, and made my statement, which he took down in writing; that was last Monday week—I did not know anything of Mrs. Jones before; I had only known the prisoner by seeing him, and his name only by hearing it, nothing more—when I heard of his being in custody, I remembered the circumstance occurring, and I made it known, as soon as I could make it convenient to go down again among the Jews—that may be more than a week ago; it may be a fortnight—I had my work to attend to; I went as soon as I could—I heard about three weeks or a month ago that the prisoner was in custody on a charge of having some boots in his possession, which had been stolen—the first time I again went to the market, I mentioned to the Jews there what I have stated to-day—I cannot say whether I mentioned it on the first or second occasion, but I did mention it.

MR. PARRY. Q. You say you have known the prisoner dealing in the market, for how long? A. For years; strangers are constantly in the habit of bringing things to the market for sale, every day, from all parts

of the town—I am not acquainted with the person I deal with, one time in a hundred—I should not have hesitated at buying some of the boots if I could have got them; there was nothing at all suspicious about it.

ROBERT WOLF . I am a boot and shoemaker, living at 5, Albemarle-street, Clerkenwell; I have resided in the parish all my life, forty-seven years; I attend the Clothes' Exchange, for the purpose of making purchases; I am in the habit of buying boots there. New boots are brought up from the country in great quantities—I have constantly been in the habit of buying them there—I was there on 9th Sept., about half-past 11 o'clock in the morning—the place was crowded—I saw about a dozen persons assembled round Mr. Jones, who was purchasing, and a man who was selling—he was a man about five feet nine in height, or he might be taller—he was dressed in a velveteen coat, with a kind of cape—he had the appearance of a countryman—he was selling women's cashmere boots with black bottoms—they were very similar to those now lying before me—they were in a rather long brown basket, similar to what boots come in from the country—I know Lambden—I saw him there—he was going away at the time I came up—he called my attention to the boots, and said, "Can you buy that lot?"—I cannot say exactly the words, but something to call my attention to business—I then looked at the boots—Jones had put a handkerchief on the ground, and was putting them out of the basket into the handkerchief, looking at them—I took up a pair, and asked the price; and he said, "Put them down; the lot go together;" and the prisoner said, "Don't you see I am on, "meaning," I am about to buy"—it is a general understanding in the market, when that is said, that others are not to interfere—I then walked away, and heard no more.

Cross-examined. Q. Do you often go to this market? A. Yes; I recollect very well that I was there on 9th Sept.; I was there on the Friday previous—the 9th was on a Tuesday—I bought two pairs of Wellington boots on the Friday—I have been in the habit of purchasing there for the last twenty years; not new boots; I go principally to buy old Wellingtons, to re-foot—I have purchased new and old—I looked at the man with the boots—I should know him again—he had on a dark velveteen coat, something between a brown and a black, a dark dingy velveteen coat—I did not notice the cap—I have known the prisoner three or four years, or more, by being in the market—he is a different buyer to me—it was generally stated round that there were about 100 pairs of boots in the basket—I heard afterwards that the prisoner was apprehended—I read the account in the paper—I did not see him from the 9th until he was apprehended—I did not know where he was, or that he had been away—I did not immediately, on reading about this, go and tell what I knew—I read that he was taken for receiving a large quantity of boots—I first told this story when Mrs. Jones called on me—I do not say I might not have mentioned to some one in the market about Jones buying these things; it might have occurred between Lambden and me—I have known Lambden sixteen or seventeen years—I think we had a conversation about it—we talked it over at the time I was called on by Mrs. Jones—I do not say we might not have spoken about the matter before, but not about being a witness—I cannot recollect when I first spoke to Lambden about it, or whether I spoke to him before Mrs. Jones came to me—I often see Lambden in the market, and away from the market as well—I did not know that Jones was keeping out of the way after 9th Sept.—I knew nothing at all about the matter till I read it in the paper—I did not go to the police-office—I mentioned nothing particular to any one that I know of till Mrs. Jones called on me—I left before the bargain was completed—when he

told me to put them down, I left with rather an angry feeling, and walked away.

HENRY WOODRUFF . I am a clothier, and have lived at 12, Carlisle-street, Portman-market, fifteen years. I am in the habit of attending the Clothes' Exchange every Hay—on Tuesday, 9th Sept., I was there—I do not remember seeing Mr. Jones there; I might have seen him—I saw a man in the market with boots, about 20 minutes or half-past 11 o'clock—he had a country appearance—he had on a dark velvet coat—he had a basket lying on the pavestones, full of females' boots—I took up some of them to look at—I cannot positively say whether Jones was by at that time—I did not see a handkerchief on the ground—a person who was kneeling down in a stooping position, said, "Can't you put them down? don't yon see I am looking at them?"—I then threw down the boots and left, or I would have bought a pair or two for my wife.

Cross-examined. Q. Have you known the prisoner long? A. Between five and six years—I very often see him at the market—my attention was drawn to the man with the boots as I entered the market—I remarked him—I should certainly know him again—his coat might have been a dark brown, or a black faded—I am positive he had a cap on, not a hat—I did not notice the colour of it—all descriptions of goods come to this market, daily and hourly, boots, shoes, watches, earrings, jewellery, and all descriptions of wearing-apparel, and pawnbrokers' stock—it is usual for a man of that appearance to come into the market with a large quantity of boots and shoes—I have often seen it: I cannot say when—I have seen it invariably, in the course of the twenty years I have been dealing there—I have, on various occasions, seen boots and shoes brought in by a man of that description—I do not know what quantity there was—I would sooner say fifty pairs than ten—I have seen larger quantities than fifty pairs brought, not by a countryman, perhaps—I cannot say when—there was nothing strange in a man of his appearance having such a quantity of boots and shoes to sell—I cannot be certain that I saw Mr. Jones on the 9th—I have not seen him since—I heard that he had got into trouble about this—it might be two days afterwards, or it might be the next day—What did you ask me, Sir?—it might have been a fortnight after—I first heard that his wife had got into trouble, not him—I first heard about his getting into trouble three weeks or a month ago—I did not then mention what I have stated to-day—I did not tell it to any one till I was applied to by Mrs. Jones—it might have been last Monday week that I first heard of the prisoner getting into trouble—it might have been three weeks or a month ago that I heard of Mrs. Jones getting into trouble—Mrs. Jones must have heard that I saw the boots, she came to me first, and then I told what I had seen—no one was with me in the market that morning—I went there to purchase, and I did purchase—I came away before the bargain was completed—there were seven or eight persons standing round.

NATHAN COHEN . I am a glass-dealer. On Tuesday, 9th or 10th Sept., I was at the Clothes' Exchange between 11 and 12 o'clock—I saw Mr. Jones there, holding the handle of a flat basket, in Fill's-buildings—it was a long flat basket, apparently about three feet long—there was another man there—the prisoner requested me to assist that man with the basket, and show him where he lived—I did so, and went with him to the prisoner's house—he was a tall man, about five feet nine or ten—he had on a velveteen shooting-coat—the basket apparently contained woman's boots—I and the man placed it on a table in the prisoner's house—the prisoner came in a minute or two

afterwards, and gave the man twelve sovereigns—he said he had paid dear enough for the articles he had purchased—his wife was present, and some of his children—Mr. Jones was about taking the boots out of the basket, and several of his children came round him, and he said, "I am afraid these boots will be soiled, I had better take them up-stairs," and he and the man took them up-stairs—I saw the man come down with the empty basket in his hand and go away.

Cross-examined. Q. Was that the man in the velvet shooting-coat? A. Yes; I am quite sure of that—it was a dark coat—he had a cap on—I saw Mr. Jones count the twelve sovereigns on the table—I have known him about five years—I go to the market occasionally, once or twice a week—not to purchase, I merely go there as a near cut—I live in that direction—I heard of Mr. Jones getting into trouble about this, about seven weeks ago; at least Mrs. Jones—I believe it was the day after the boots were bought that I heard of Mrs. Jones getting into trouble—I heard of the prisoner getting into trouble about three weeks after—this is the first time I have seen him since the purchase—I heard that he was away from home—I did not go to his house to see—I heard it was on account of those boots—I did not mention what I have stated to-day till Mrs. Jones came and asked me if I recollected the circumstance about bringing the man with the boots to her place—I am very seldom in the habit of going to the prisoner's house—I had been there before, Mrs. Jones knew where I lived—she did not call on me about this till after the prisoner was apprehended.

NOT GUILTY .

NEW COURT.—Friday, October 31st, 1851.

PRESENT—Sir JAMES DUKE , Bart.; Mr. RECORDER; and Sir WILLIAM CUBITT , Knt., Ald.

Before Mr. Recorder and the Fifth Jury.

Reference Number: t18511027-1906

1906. JOHN THOMPSON , burglariously breaking and entering the dwelling-house of Samuel Lambert, and stealing 1 spoon, value 5s.; his property: to which he pleaded

GUILTY . Aged 23.— Confined Twelve Months.

Reference Number: t18511027-1907

1907. JAMES WILLIAMS and WILLIAM GILLING , burglariously breaking and entering the dwelling-house of George Ward, and stealing 1 till, value 1s., and 1 shilling, 3 groats, and other moneys; his property: to which

WILLIAMS pleaded GUILTY . Aged 19.

GILLING pleaded GUILTY . Aged 19.

Confined Six Month.

Reference Number: t18511027-1908

1908. GARROTTY CONNER and THOMAS SMITH , burglariously breaking and entering the dwelling-house of Henry Price, and stealing 6l., his money: to which

CONNER pleaded GUILTY . Aged 20.— Confined Six Months.

MR. PARRY conducted the Prosecution.

HENRY PRICE . I keep the African Chief, Wilstead-street, Somers-town—I was called up by the police at half-past 3 o'clock on Monday morning, 13th Oct.—I found the police in my bar down-stairs, and I missed 6l.-worth of coppers from a cupboard in the cabinet work behind the counter in the bar—the cupboard had not been locked—I had seen the copper safe, in 5s.—packets, at 12 on the Sunday night, when I closed the house—I was the last

person up—the cupboard was in sight of customers at the bar—I had seen the two prisoners in my house, at half-past 11, the night before—I had fastened the house up that night—I had known Smith for a short time—it is a corner house—there is a fanlight over my door in Wilstead-street—it opens from the centre; it goes on swivels; it half revolves—it is the width of the door, and about two feet high—when it is half turned round there is room for a man's body to pass through—when I went to bed the night before the fanlight was closed with brass buttons to it, but it is possible the buttons might have opened in their attempt to get in—a person of the size of Conner could have got in, but in order to do so he must have been assisted by a ladder or by some person outside—I could not say positively whether the fanlight had been bolted at night—it was not in the morning—there must have been some degree of force to open it—the dust on the sill had been removed, and there was the point of a knife found on the sill—there were marks of hands on the glass of the door, as they had to slide down on the inside.

EDWARD FREDERICK JOHN HOLDUP . I am under-barman to the prosecutor—I saw the prisoners on the evening before the robbery, at my master's, up to half-past 11 o'clock—about half-past 3 on the following morning I was called down to the bar by the police—I found this cap close to the door, under the fanlight—Conner had worn a cap similar to this the night before—the packets of halfpence are kept in a cupboard behind the bar—the door of that cupboard is generally shut, but it is occasionally open—a person standing at the bar could see the packets of halfpence if the door were open—on that evening there were some packets of halfpence on the cabinet work, ready to be put into the cupboard—Smith seemed to be counting them, and I thought he said to Conner, "There are" so many "there," but I could not hear how many he mentioned—when Smith said that, he had his eye on the packets.

GEORGE PEARCE (policeman, S 149). I was on duty in the neighbourhood of Chapel-street, Somers-town, at half-past 12 o'clock on the night of this robbery; I saw the prisoners in company—I had known them before—I saw them pass Mr. Price's house—they were talking about fighting—I expresed them, and told them to go home—about half-past 3 I saw Smith alone in Chapel-street, about forty yards from Mr. Price's—he passed into Brill-place—I stood under the gaslight—as be passed me he had his head down—I put my hand to his forehead—I lifted up his head, and saw his face—I said to him, "Well, Slippery, what are you after this morning?"—he said, "What the b—y odds is that to you?"—he went into Phipps'-court—I made a circuit, and saw him again in Wilstead-street—I placed myself in the dark, and be passed me again, and went into Ann's-place—I saw Conner come out of the African Chief, without a cap, and he had something about him—I heard some coppers fall—I took him, and sprung my rattle for assistance—the officer arrived, and I described Smith to him—I took Conner to the station—I found on him 3l. 2s. 9d. in copper.

EDWARD NYE (policeman, S 336). On that morning I saw Smith in Chapel-street, from 3 to half-past 3 o'clock—he appeared drunk, and was tumbling about—I rather doubted whether he was drunk—I went a little way round my beat, and in about ten minutes afterwards I saw him standing against the door of the prosecutor's house, as though he were listening—as soon as he saw me turn the corner he went away in the direction of Brill-row—soon after that I heard a rattle spring, and I went to help my brother officer—from what he told me I went to Ann's-place—the door of a house

there was open, and I went in the passage and listened—I heard some conversation inside—I heard some one say something about coppers, but I could not tell what—in about a minute afterwards I heard some one say something about putting on a hat and going up the court—somebody else said, "Perhaps I had better stay where I am"—I then went into the back-parlour, where the talking came from—I found Smith there, and there was another man in bed—I told Smith he must go with me to the station—he said, "What for?"—I said I could tell him better when I got there—I took him to the station—he said he lived in Lincoln-court, Clare-market, which is, I dare say, a mile and a half from Somers-town.

EDWARD CLARK (policeman, S 123). I heard the rattle spring, and went to the African Chief—I found the door open, and some copper money on a tub inside.

HENRY PRICE re-examined. That which was on the tub was a portion of the money that had been in the cupboard—I have got all the money that was taken from the cupboard, except half-a-crown's worth of coppers, which I suppose was dropped in the street—I know the papers that are round several of these packets.

COURT to GEORGE PEARCE. Q. In what state did Smith appear to me? A. He was rolling about, and spitting and shamming drunk.

Smith. He came and kicked me. Witness. I did not—he had his head down—I placed my hand on his forehead, raised his head up, and saw his face—he held his head down, as if to spit, which I thought was to hide his face.

Smith's Defence. I left Conner at 12 o'clock, and went to a public-house in Tottenham-court-road; as I was coming home at half-past 3, the policeman stopped me; I got in-doors, and was in about five minutes when the officer came and took me; I asked the young man for some halfpence, as I wanted some beer, and he said, "You had better stay where you are."

SMITH— GUILTY . Aged 18.— Confined Six Months.

Reference Number: t18511027-1909

1909. VALERI SULARSKOWSKI , feloniously cutting and wounding John Hockney on the high seas, with intent to do him some grievous bodily harm.

MR. LILLEY conducted the Prosecution.

(The Prisoner, being a foreigner, had the evidence interpreted to him.)

CHARLES MARSHALL . I am fireman on board the London steam-packet; it plys from Hull to London. I was on board it on 24th Sept., between 10 and half-past 10 o'clock in the evening—the vessel was then on the open sea, about forty or fifty miles from Hull—I saw the prisoner in the fore-cabin, and Hockney, a recruit, was lying in the upper bed-berth, with his feet towards the prisoner's head—there was another recruit lying with him—Hockney appeared to me to be asleep, and everything was quiet for twenty minutes before that time—the first thing that drew my attention was, the prisoner raised himself on his elbow, and made a motion that some one had hit him on the head—I could not tell what he said—he spoke to some one, and he reached himself over to some person lying underneath, who gave him a knife—after a short interval, the prisoner, with his hand, made a backhanded stroke at Hockney's foot—Hockney made a very sudden start, pulled his leg up, and said, "That man struck me; he stabbed me right through the foot"—he turned over, got out of his bed place, and pulled his boot off—it was full of blood, and the place was covered with blood running through his stocking on the floor—the master came down, and I saw the prisoner hand the knife to him—I was standing close by—I took hold of the blade of the

knife, and there was blood on it to the extent of an inch or an inch and a half—I did not see Hockney kick the prisoner—he might do it, or he might not—I did not see him kick the hat off any person.

Cross-examined by MR. CHARNOCK. Q. I believe this man was dressed? A. They were all dressed; they lie with their clothes and boots on—I did not see a cigar in the prisoner's hand—I know he smokes; I saw him smoke afterwards—I never saw him begin to smoke a cigar, and take a knife and cut the piece off the top of the cigar—I know it is done, I have done it myself—Hockney had his boots on, and his feet were lying close to the prisoner's head—it was on a wooden board, with cushions on it—the prisoner did not borrow the knife of Weisse; he borrowed it of a doctor, a foreigner, who is not here—I was within four feet of him—there was a lamp close to my head, right facing the prisoner—I did not see Weisse hand the knife to the doctor, to hand it to the prisoner—I did not see Hockney's feet strike the prisoner's head—Hockney's feet were one on the other; he was lying on his side—it was the inside of his foot.

MR. LILLEY. Q. Was it in consequence of the prisoner's leaning over and speaking to somebody below, that the knife was handed to him? A. Yes; it might be about three minutes after he received it before he used it—Hockney's feet were quite still at the time he was struck.

WILLIAM COLEMAN . I am a bombardier in the Royal Artillery. I was stationed at Hull on the night of 24th Sept.—I embarked on board the London steam-boat—I had five recruits in my charge; Hockney was one of them—about half-past 10 o'clock that evening I was in the fore-cabin—Hockney and Thornton were lying in the upper berth—they had turned in, I suppose, an hour before that—I did not see Hockney move his feet, and touch the prisoner's head—the prisoner was lying at Hockney's feet—I saw the prisoner speak to another man—I could not tell what he said—he got a knife from the man, and appeared to be cutting a cigar—he laid down on his elbow, and in three or four minutes he struck back-handed with the knife—Hockney jumped up, and said, "I am stabbed"—I called the captain—I saw Hockney take his boot off—the blood was flying out of his foot—I got this knife (produced) from the captain.

Cross-examined. Q. Did you see Hockney's foot strike the prisoner's head? A. I did not—he was lying with his feet close to the prisoner's head; there was nothing but the pillow between them—I did not see the prisoner express sorrow for what had occurred—I could not understand what he said.

JOHN HOCKNEY . I enlisted in the Royal Artillery at Hull. I was on board the London packet, and was lying in the upper berth—one of the recruits was with me—I had gone into my berth about 9 o'clock—I had been asleep, and was awoke by a very severe blow from the prisoner—the blow flowed up in my body; I felt it altogether; it was a cut, but I did not know what it was at the time—I rose overhead, took my shoe off, and found it was full of blood—I saw the knife given up to the captain—if I kicked the prisoner, it was unknown to me—I was awoke by the blow.

Cross-examined. Q. Your feet were close to his head? A. Yes; I was lying on my side—I was at first lying on my back—the prisoner gave up the knife immediately—I did not see him lift up his hands as if he was sorry—he was carried away, and locked up—I did not know that he had taken his passage to America—I feel great pain in my foot now—there was a German Jew on board, who washed it for me—I did not see the prisoner speak to him.

JAMES BARHAM (City-policeman, 557). I took the prisoner—I produce a letter, which an officer saw him write in prison—I produce this knife, which I got from Coleman, and this boot or shoe I got from Hockney.

JAMES GEORGE SOUNDY (City-policeman, 434). I produce this letter which the prisoner wrote in the station at Bow-lane—I asked him who it was for, but could not understand what he said. (This letter was addressed to Captain Lavoiski (a Polish refugee), London, but had no direction on it.)

WALTER TYRRELL . I am a dresser at St. Bartholomew's Hospital. The prosecutor was brought to the hospital on 26th Sept.—I examined his left foot, there was an incised wound on it, from a quarter to half an inch in length—from its appearance it could not have been very recently given; not that morning—I did not probe it, because it was partially closed; I just put the probe to the lips of the wound.

Cross-examined. Q. It was a slight wound, not dangerous at all? A. No; it was partially closed—I put some lint and strapping on it—it was inside the left foot, there was a small artery wounded—it was likely to bleed freely.

Witness for the Defence.

LOUIS WEISSE (through an interpreter). I am a tailor, and live in Whitechapel. I was on board the London steamer, from Hull to London, on 24th Sept.—I was in the next berth to the prisoner—he was in the habit of borrowing a knife of me to cut cigars—he borrowed one that night—he asked for it to cut a cigar, everything then was quiet and still—after the man's foot was cut, the prisoner said he was sorry—he was very much alarmed—he requested some one on board to stop the blood, and cure him as soon as possible—he talked about paying him for curing him—the prisoner was in very great despair—he said it was a very great misfortune.

Cross-examined by MR. LILLEY. Q. What were you, a tailor in Whitechapel, doing on board the steamer? A. I was coming to London—I was in the Hungarian army—I was forced to run away—I came from Hamburgh to Hull—the prisoner was a friend of mine—I saw him in the army.

(The prisoner received a good character.)

NOT GUILTY .

Reference Number: t18511027-1910

1910. WILLIAM FRANKLIN and CHARLOTTE HEDGES , feloniously assaulting Thomas Roche, with intent to resist the lawful apprehension of Franklin.

MR. PARNELL conducted the Prosecution.

THOMAS ROCHE (police-sergeant, T 35). About half-past seven o'clock at night, on 19th Sept I was on duty in the neighbourhood of Seven Dials; in consequence of what was told me I went to Monmouth-court, where I found the prisoner Franklin was lying on the top of Hedges on the ground—I took him off, placed him on his feet, and asked him what he was doing—he said some one had upset him, and put him out of temper—I asked him if he would go quietly if I let him go; he said he would—he made towards the top of the court, and as he was going he struck a woman in the face who was coming down the court—the blow knocked her down to the ground, and I saw blood come from her face—directly I saw that, I took hold of him by the neck, and the woman said, "I will give charge of him for the assault"—I pushed him out of the court, which goes into Little Earl-street—he was quiet till I got him out of the court, and my brother officer, Aspinshaw, came and took him on the other side—we went about twenty yards when he put up his hand, and catched me in the face—I could not tell what he struck me with—it was a blow, and I felt blood coming down my face—we went about six yards further, and he made a jump or two, and we all three came down on the ground—the prisoner got up first, and kept his hand cutting and

striking from one side to the other, and said he would stab any b—of a policeman that he met, or that came near him—he directly run to Aspinshaw, who exclaimed he was stabbed in the thigh—the prisoner then turned round, and ran and made a cut at me just above the knee—on that the policeman, Smith, came to our assistance—he struck the prisoner on the hand, and Aspinshaw got the knife away—I saw it come from his hand—I did not see anything of Hedges at that time, but after the knife was got from Franklin, we took him a little further, and Hedges and another woman came up—I was knocked down by the two women, and directly I got up I was knocked down again; they shoved me down—when we got to the station, Franklin said it was his intention to take oar lives—he had long wanted a chance, and he had got it at last—I was afterwards under the care of the police-surgeon, and am not out of his care yet—I was confined to the house for a week.

THOMAS SMITH (policeman, T 43). I was on duty, and saw Franklin in custody of two constables—I went to their assistance—when I came up they were all three on the ground—I saw Hedges standing at the back of the constable, she was not doing anything then—Franklin got up first, and then the constable got up—Franklin was running, plunging about right and left—I did not see anything in his hand—Hedges got hold of one of the constables round the neck—Franklin then made a rush at Aspinshaw, who said, "I am stabbed!"—he and I got this knife from Franklin's hand, open as it is now.

WILLIAM ASPINSHAW (policeman, F 87). I was on duty; I went to the assistance of Roche—after we had got Franklin a little way, he kicked me, and we all came to the ground—I had not seen Hedges before then to my knowledge—when we got up, Franklin ran at me, and stabbed me in each thigh with a knife—I assisted in getting Franklin to the station—I became very weak, and could scarcely stand—I was taken to the hospital, and was there a fortnight and a day, under the care of Mr. Dolton—I am still lame from the effects of it.

Franklin. I was in a public-house having my supper, and a woman came in, and drank some of my beer; I asked her why she did that, and she chucked the rest over me; I came out and quarrelled with her, and the police dragged me out; I had my clothes all torn; I had nothing to wear: they struck me on the head before I got out of the court—here is the wound now.

THOMAS ROCHE re-examined. He was not struck on the head till after we were stabbed, and that by Smith—my wound is just above the knee.

COURT to THOMAS SMITH. Q. When did you strike him? A. After the witnesses were stabbed.

PETER HENRT DOLTON . I am surgeon of Charing-cross Hospital. I attended Aspioshaw for some time—I afterwards saw Roche; I found a wound on the lower part of his thigh—this knife would have caused it—it was soon healed—it was a small punctured wound—it was near to the joint, which might have caused considerable inconvenience if it had been lower down—I should think it would cause him to be confined for a week afterwards.

Franklin called

MARY ANN HERBERT . I was in the public-house where Franklin was—a woman came in who, I think, was tipsy; she took up his beer, and drank some of it—he asked her why she did it, and she threw the rest in his face—she went out, and he followed her—his mother came, and requested him not to mind it—he said he did not like the action—I begged him to go home—the

policemen then came, and pushed him down, and he was struck by two or three of them repeatedly; but, in the hurry, not having time to take the number of the policeman, I cannot say who it was.

COURT. Q. Was Franklin's mother lying on the ground? A. I did not see her on the ground—I was with her—it is not true that she was on the ground, and her son upon her—two or three policemen struck him in Monmouth-court, but in the hurry of the circumstance I cannot say which—there was a great mob collected—there were two or three policemen at the further end of Monmouth-court—it began at one end of the court, and when he got to the other end, he was struck by two or three policemen—there was but one policeman at first; he pushed Franklin down, in the first instance, and he struck him afterwards with his truncheon—he dragged him out of the court; he tore his coat off, and the shirt off his back, after he bad pushed him down and struck him—two or three of them dragged him out of the court, and when they got him across the Dials, there were six or eight of them—I followed, and entreated the police not to strike the boy; I said I would rather take the blows myself, and by the brewery in Earl-street, I threw myself upon the boy, to protect him; I thought he was killed—I did not see him stab the policeman, or strike him—I did not see them all three down on the ground—I did not see any policeman down at any time—I will swear they were not down—I did not see Franklin strike at them; he was on his back the chief part of the time.

Cross-examined by MR. PARNELL. Q. Do you live in Monmouth-court? A. Yes; I have been acquainted with Hedges for some time—I did not see her down at all—if the mother and son were down on the ground I did not see it—Franklin did not strike the woman in the face; her face did not bleed at all—he did not strike her in the face at all—he did not meet the woman in the court—she went away—he did not strike her, nor any other woman—I think there were about three policemen in the court; I followed them to Earl-street, across the Dials, and on to Great Earl-street—there were seven or eight policemen in Seven Dials; they all had their truncheons out, and they used them repeatedly on my shoulders—I got several blows; I was not under the care of a doctor; I was not ill—I saw Franklin's mother throw herself on him, and she told the police not to beat the boy, but to beat her—that was in Earl-street—I did not go home with the mother; I went to my own home—I am a widow—I am allowed something by my brother-in-law, and when I can get work I do it—I saw the policeman drag Franklin out of the coort—after they were out, Franklin and the policeman were not on the ground—Franklin was on the ground, but not the policeman, to my knowledge—I will swear that the police were not on the ground—I cannot be mistaken in that.

COURT to THOMAS ROCHE. Q. Are you quite sure that it was Hedges that Franklin was upon? A. Yes; I know Hedges; I had seen her about the neighbourhood.

FRANKLIN— GUILTY . Aged 18.— Confined Twelve Months.

HEDGES— NOT GUILTY .

Reference Number: t18511027-1911

1911. WILLIAM FRANKLIN and CHARLOTTE HEDGES were again indicted for feloniously assaulting William Aspinshaw.

(No evidence was offered)

NOT GUILTY .

Reference Number: t18511027-1912

1912. JAMES ROBINSON , feloniously cutting and wounding Michael M'Donald, with intent to disfigure him.

MR. J. W. PAYNE conducted the Prosecution.

MICHAEL M'DONALD . I live at Edney-place, Bromley. On 8th Oct. I lived at 17, Duck's-fields—the prisoner lived in the same house—on that evening I was in my room, sitting on a chair, with my head resting on the bed—while I was in that position, the prisoner came and kicked me in the mouth—I awoke up, and saw a knife in his hand—I told him to put it down, and I would fight him fair—I had never quarrelled with him in my life—he put out the candle, and we had a scuffle in the dark—I got away from him, and ran—he followed me as far as the front-door—before I got to the front-door I knew that I was cut in the left cheek, but I did not think it was so bad as it was—I never saw the prisoner again till he was at the station—a man took me to the doctor—there was nobody in the room but my two children.

Prisoner. Q. When I came home that night, did I not meet you in the court, and did not you come down-stairs and strike my mistress, and knock the child out of her arms, so that she was obliged to fetch a policeman? A. No; your wife was not in the house at the time—I did not touch her that night—I had to go through your room to go to mine—I was not drunk from Monday till Wednesday.

ANN FOWN . On the evening of 8th Oct. I was standing at my own door, which is opposite the prosecutor's—I did not see M'Donald, but I heard him say,"You have struck me with the poker, and now you have a knife in your hand"—these words came from the bed-room where M'Donald lives—I knew him before for eleven years, and recognized his voice—I am certain it was his voice—I saw him when he came down, and noticed that his face was cut, and told him so—I did not see the prisoner.

WILLIAM STORY . I am a surgeon, of Bromley. M'Donald was brought to my house—he had a severe incised wound on his left cheek—it extended from the angle of the jaw, about four inches, right through the cheek, upon his mouth—it had cut through all the vessels—it was a very serious wound indeed—he had lost a great deal of blood—I should say such a wound would make a person feel sick—nothing but a sharp cutting instrument would have inflicted it.

GEORGE PAUL (policeman, K 260). I was called, and took the prisoner—I searched, but could not find any knife—the prisoner said M'Donald had fallen on a pail, and cut his cheek—I searched M'Donald's room—there was no pail there—I got there just before 9 o'clock.

Prisoner. Q. Did not my wife come to the station? A. Yes; Just before I went to take you, she stated that the lodgers were going to move; there was going to be a change of tenants—she did not make any charge against M'Donald—she did not say that he struck at her.

Prisoner's Defence. I left work at 8 o'clock; when I got home I met M'Donald going into the house; a man came into our room; we had not been long in before M'Donald's wife came in, and began to pack up some things to remove; my wife said, "What are you going to do?" he said, "To go away; do you think I am going to stop with such a dirty little w—as that?" he then struck my wife, and she went to fetch the policeman; I got hold of M'Donald, and shook him about the passage, and told him to go up-stairs to his own place; he turned back and got hold of me; I shoved him away, and he fell on the pail, and upset the water in the back-room down-stairs; I did not kick or strike him; I never was in his room at all; I was in my own room from the time of leaving work till the policeman took me; I have worked ten years in one situation.

MICHAEL M'DONALD re-examined. I believe there had been a few words between my wife and him, but no quarrel—we were going to leave his house—the man who went into his room was Mr. Jeaves, the landlord of the house where we live now—he went into the prisoner's room, I suppose, by mistake—I am not aware that the prisoner struck me with the poker—he had a poker in his hand—he followed me to the door with the poker, and knife too—he did not come out of the door—he turned back when he saw the people outside.

MRS. ROBINSON. I am the prisoner's wife—I was sitting on the chair, by my own fire-side, when M'Donald came and knocked me off the chair, and my husband got up.

GEORGE PAUL re-examined. When the woman came to the station she said the lodgers were going away, and she was afraid there would be some disturbance, and wanted a policeman to come—I went, and when I got there I found M'Donald outside, with his face bleeding—this woman did not make any charge against M'Donald, not a word.

GUILTY . Aged 32.— Confined Eighteen Months.

Reference Number: t18511027-1913

1913. CORNELIUS SEYMOUR , feloniously forging a request for the delivery of goods.

SEPTIMUS BATTAM . I am a tailor and draper, of Tottenham-court-road. On 10th Oct. the prisoner came to my shop, soon after 6 o'clock—he, asked me, in a low voice, if I was Mr. Heale's tailor—(there is a Mr. Heale, who lives in the same road)—I told him I was not—he hesitated a moment, and said he could not understand it, for Mr. Heale had sent him to a tailor of a name very much like mine, either Batton or Battam—he said the article he required was a warm winter waistcoat, and if I would let him see some he would make a selection—I did, and he got me to write a description of them on one of my cards—he said he would take it to Mr. Heale, and said he supposed if Mr. Heale wrote on the card, and made an order for it, I would let him have it, and he would send the money by his clerk in the morning—I told him that would be quite satisfactory—he selected a waistcoat—I wrote a description of it, with the price, on one of the cards—he left my shop with it, and said he would return in about half an hour—wishing to be satisfied I sent one of my lads to follow him, and see if he went to Mr. Heale's—my lad returned, and from the information he brought me I ran down to Mr. Heale's, and was informed he was at Hastings—the prisoner had before told me that he was not in the business in Tottenham-court-road, but he lived at Mr. Heale's private residence, in Euston-square—a little before 9, the same evening, the prisoner came again, and told me he had called for the waistcoat—I asked him if he had brought the order from Mr. Heale—he said he had, and took my card out of his pocket—this is it—here is first my writing on it, with the description of the waistcoat, and then here is, "Please let the bearer have the vest at the above price. Heale and Sons, 159, Tottenham-court-road"—I said, "Is this Mr. Heale's writing?"—he told me it was—I papered up the waistcoat, and gave it to him—on leaving he said if the waistcoat was not approved of by Mr. Heal he supposed I would change it—I said, "Certainly"—I followed him out, and he was taken by the policeman—this is the waistcoat—it is worth 8s. 6d.

THOMAS BATSFORD . I am in the service of Mr. Battam—I followed the prisoner, by his direction, on the evening of 10th Oct., from my master's shop to Mr. Strange's public-house, at the corner of Alfred-street—he went in—I stood outside the door—a pen and ink was brought him, and I saw

him write on what I believe was my master's card—lie wrote at the bar, and I saw him dry it over the gas—he staid there a few minutes, came out, and went to Mr. Johnson's, another public-house—I left him, and went back to my master.

JOHN HARRIS HEALE . I reside at 63, Euston-square, and carry on business, as a bedding-manufacturer, at 196, Tottenham-court-road—this is not my writing on this card, nor did I ever authorise any one to write it, or to go to Mr. Battam's for a waistcoat—I have a slight knowledge of the prisoner—he was never in my employ—I have not seen him for some years, till he called on me about a month before this—he is no relation of mine, and does not reside with me.

WILLIAM MARRIOTT (policeman, E 63). On 10th Oct. I received information, and waited in Tottenham-court-road—the prisoner came back, and went into Mr. Battam's shop, and got the waistcoat—I took him when he came out with the waistcoat.

Prisoner's Defence. I called on this gentleman, and asked if he was acquainted with Mr. Heale, and to let me take the waistcoat down on inspection; I tried on two or three; I said I had got a friend at the public-house, and I was going to take it on inspection, and if not approved it would be returned; he gave it me; I came out, and was taken.

GUILTY . Aged 40.— Confined Three Months.

THIRD COURT.—Friday, October 31st, 1851.

PRESENT—Sir CHAPMAN MARSHALL , Knt., Ald.; Sir WILLIAM MAGNAY , Bart., Ald.; Mr. Ald. SIDNEY; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Fourth Jury.

Reference Number: t18511027-1914

1914. THOMAS STEPHENS , unlawfully obtaining goods of William Christopherson, by false pretences: to which he pleaded

GUILTY. Aged 35.—Recommended to mercy. Confined Twelve Months.

(There were two other indictments against the prisoner.)

Reference Number: t18511027-1915

1915. GEORGE BURROWS , stealing 9 pencil-cases, value 1l.; the goods of William Benson and another: to which he pleaded

GUILTY . Aged 30.— Confined Six Months.

Reference Number: t18511027-1916

1916. MARGARET BUCKLEY , stealing 1 sovereign; the moneys of John Baptiste Alphonse Lamy.

MR. CLARKSON conducted the Prosecution.

JOHN BAPTISTE ALPHONSE LAMY (through an interpreter). I am chief-officer of the Leone, lying in St. Katherine's Docks—the prisoner washed for me. On 16th Oct. she came on board, and I borrowed a sovereign of Charles Vincer to pay her 7s., which I owed her—I gave her the sovereign I had got from Vincer (I had no other), and she said, "Oh, you will pay me to-morrow"—I insisted on her getting change, and she said, "Oh, no, never mind," and gave roe back this piece (a Hanover medal)—she then went away—I showed the piece to Vincer.

Cross-examined by MR. ROBINSON. Q. Did she wash for several others on board? A. For the captain, me, and the second mate—it was about a minute after I gave her the sovereign that she gave me this back, she had not gone away—I was looking over the linen she had brought in the meanwhile.

CHARLES VINCER . I am a Customs' officer—I was stationed on board the Leone, and on 16th Oct. I lent the last witness a sovereign—it was a good one—I had received it from the Custom-house—I am quite sure this is not what I lent him.

Cross-examined. Q. How many sovereigns had you in your pocket? A. Three; I have not got the other two here.

ALPHONSE SOYER (through an interpreter). I am second mate of the Leone. I was in the cabin, and saw Lamy give the prisoner a yellow piece—I did not look at it—I did not see what she gave him back.

NOT GUILTY .

Reference Number: t18511027-1917

1917. MARGARET BUCKLEY was again indicted for unlawfully obtaining 12s. 6d. from John Scott Russ, by false pretences.

JOHN SCOTT RUSS . I am chief mate of the American barque Senator; the prisoner washed for me. On 11th Oct. she brought home my linen, for which I had to pay her 7s. 6d., and I paid her a sovereign, which I had received from Taylor—she gave me back 12s. 6d. change—she returned in a minute or two, and said it was not a genuine sovereign—I took it and marked it, and showed it to some men on board, and said that if it was the one I gave her I knew where I got it—this is it (this was a medal similar to that produced in the last case)—it has the Queen's head on one side, and something resembling a dragon on the other—I took it back to Taylor—I gave her back her 12s. 6d. change, paid her with a half-sovereign, and she gave me 2s. 6d. change.

FREDERICK AUGUSTUS TAYLOR . I was second mate of the Senator. I remember giving Russ a sovereign—it was a good one—I had received it from the captain—this piece is not the same—there was a head on one side of those, and a shield on the other.

Cross-examined by MR. ROBINSON. Q. Was that coin brought back to you by Russ before he paid her the 7s. 6d.? A. I do not know.

ROLAND COFFIN . I am captain of the Senator. I gave Taylor two sorereigns—this is not one of them—I had received them from the ship-broker's clerk.

Cross-examined. Q. Will you swear you paid Taylor the same you had received from the broker's clerk? A. Yes; because it was the first money I had drawn on shore—I paid it him about half an hour after I received it.

WILLIAM OMAN . I am clerk to Mr. Gunn, of King's-arms-alley, Cornhill, who is broker for the Senator. I received twenty sovereigns from Smith, Payne, and Smith's, and gave them to Captain Coffin—this medal producer' is not one of them.

Cross-examined. Q. How many times have you received money at Smith, Payne, and Smith's, and given it to the captain? A. Only once to this captain—I did not look at the coins I received to see whether they had shields or dragons on them.

(The prisoner received a good character.)

GUILTY . Aged 40.— Confined Twelve Months.

Reference Number: t18511027-1918

1918. ANN SHEAN , stealing 1 purse, value 1s., and 10s.; the property of Frances Baylis; from her person.

FRANCES BAYLIS . I am single. On 18th Sept., between 3 and 4 o'clock in the afternoon, I stopped to look into a shop-window in Bishopsgate-street for about two minutes—as I was turning to leave the window, I found the prisoner with my dress in her hand, which was concealed by an empty basket she had got—I am sure she is the woman—I examined my pocket and missed my purse—the prisoner ran away down Angel-alley, which is no thorough-fare; she turned back and went into the second turning, which is no thorough-fare—I

overtook her there, and charged her with taking my purse—she said, "Me! I have not taken your purse"—I sent some one for a policeman, and while they were gone she said if I would go back with her up the alley to her mother's she would give me what I wanted—the officer came and I gave her in charge—I have not got my purse back—it contained 10s. in shillings and sixpences—this is one of the sixpences (produced)—I know it by its having three crowns on it.

BINJAMIN JOHN BULL (City-policeman, 657). I was sent for, and found the prisoner and prosecutrix in Angel-alley—the prosecutrix charged the prisoner with robbing her of her purse—I took her to the station, asked her to take her pocket off, and asked what she had in it—at first she said three 4d.-pieces, then three sixpences, and then 4d. and 5s.—the sergeant asked the prosecutrix if she could swear to any of the money, and she described the sixpence produced—I found it in the prisoner's pocket, and 5s., which she said a gentleman had given her.

GUILTY . Aged 26.— Confined Six Months.

Reference Number: t18511027-1919

1919. MARY BROWN and ELLEN PROSSER , stealing 1 sovereign, 2 shillings, 1 sixpence, and 1 groat; the moneys of Henry Doubleday; from his person.

HENRY DOUBLEDAY . I am groom to a gentleman at Norwich. On 2nd Oct. I had been up to London to Grosvenor-square, and on that night, about 10 o'clock, I was going along the Strand, where I saw a theatre open and went in—I was afterwards making my way towards Shored itch Station, and near the Post-office I met the prisoners, and asked them the way—I had never been in London before—it was then about 12—they said they would show me the way, and we all three went into a passage close by—while there, Brown put her band into my trowsers-pocket and took out my money, which was one sovereign, two shillings, a sixpence, and a 4d.-piece—Prosser was standing close by, and Brown handed her something, saying, "Here is the key," or "Take the key"—my pocket was turned half out—they then wanted me to go into a house and treat them, and I went with them, because I wanted to detain them till I could see an officer—we came out of the public-house again, and they went away into a dark yard—I told them to come back again, and I would take them into a nice house where I would treat them—I then saw an officer, and gave them in charge.

Cross-examined by MR. PAYNE. Q. Did you start from Grosvenor-square about 9 o'clock? A. Yes; I was going to the Shoreditch Station to go to Norwich—I went that night so that I might be in time for the first train in the morning—I intended to sleep in Shoreditch, but I do not know where—I asked the prisoners if I was right for the Shore ditch Station, and Brown said, "Yes, my dear"—I went into the passage with her, because she said she thought she knew me—I was not in the passage five minutes—I did not search in the court for the money.

JURY. Q. When are you sure you had your money? A. A very few minutes before I met them—I paid for the drink we had afterwards with 7d. in halfpence which I had in my waistcoat-pocket—I am lame now; I was not so then—I have met with an accident since.

JOHN SMITH (policeman, G 70). On 3rd Oct, about half-past 2 o'clock in the morning, I saw the prosecutor and the prisoners together at the corner of Type-street, Chiswell-street—the prosecutor said he should give Brown into custody for robbing and the other for receiving—the prisoners said they had not robbed him—I took them to Moor-lane station.

ANN SPECK . I search females at Moor-lane station-house—I searched the prisoners when they were brought, and found 2s. 7d. on Brown, and 81/2 d. and two keys on Prosser; no gold at all.

NOT GUILTY .

Reference Number: t18511027-1920

1920. JOHN BROWN , stealing 10 yards of matting, value 16s.; the goods of Charles Frederick Fisher: to which he pleaded

GUILTY . Aged 30.— Confined Four Months.

Reference Number: t18511027-1921

1921. WILLIAM DUBOIS , stealing 1 watch, chain, seal, and key, value 1l. 6s. 2d.; the goods of Henry Aquilla Ball, from his person.

MESSRS. RYLAND and LOCKE conducted the Prosecution.

HENRY AQUILLA BALL . I am a maltster, and am now living at 4, Bell-lane, Spitalfields. On Thursday, 23rd Oct., about 1 o'clock, I was in Good-man's-rents, Minories; and a person who was afterwards with the prisoner, but who is not in custody, came up to me, and asked me whether I wanted to buy any tobacco—I told him I did not, and he asked me to buy a watch—I consented to go and see it, and he went with me to Mrs. Abrahams, at the Golden Lion, in Goodman's-yard—while I was there with him, the prisoner came in—I am quite sure he is the man—he asked the other man whether he had shown me the watch—he said yes, and the prisoner took the watch from him, and said to me, "Look here; you can have this watch for 2l. or 3l., and it cost 6l. "—I took it out of his hand, looked at it, and thought it might be stolen property—I wanted to get away from them, so I pulled out my watch to show them I had one, and did not want it—the prisoner said, "D—n it, old fellow! let us have a bargain; buy something of us," and he pulled out a chain—I told him I did not want a chain or anything else—he then palled out some handkerchiefs and shawls—I told him I did not want them, and he asked me to advance him 16s. on the chain—I told him I did not want to part with my watch, or to buy anything—he said he had been on board ship, and his master was a black man, and he had some tobacco wrapped round his loins—he said he lived at this Golden Lion—he wanted me to give him my watch and something else for his chain, or to give my watch for the watch he had—I refused all his offers, and he said that he lodged there, and he would go up-stairs and fetch another watch, I believe it was—as he passed the corner of the table to go out he snatched my watch out of my hand and threw the chain on the table, saying that would make satisfaction—he went out of the room, and I did not see him again till he was in Newgate—I was going to follow him, but the other man pulled me back to show me the quality of the chain, and told me that Dubois gave a doubloon for it—he then said he would go up after his mate, and I never saw him again—I went out in search of a constable—I identified the prisoner in Newgate last Monday—I was in his company ten minutes or a quarter of an hour—I have doubt he is the man.

Cross-examined by MR. COOPER. Q. Has not the policeman told you to say so? A. No; I have just come from the country—this happened about 1 o'clock, or a little after, yesterday week, and I did not go before the Magistrate till Tuesday—I did not state in Newgate when I went to recognise him that another person was the man who took my watch—there was another man who I said I thought was the man; but directly the prisoner was brought I out, I said, "That is the man"—I picked him out from a dozen or more—I did not see him brought in—I was talking to three or four policemen—the

policemen did not tell me this was the man—they were ordered to pall their hats and caps off—the first time I went in they had them on—when the prisoner committed the robbery, he had a shiny glazed hat on—that was not put on him before I recognised him.

MR. LOCKE. Q. What had the man on who you first took for the prisoner? A. A hat; when that was off, I saw he was not the man—I am quite sure the prisoner is the man.

MARY ANN ABRAHAMS . I am the wife of Henry Abrahams, who keeps the Golden Lion, Good man's-yard, Minories. On 23rd Oct., between 1 and 2 o'clock, in consequence of the parlour-bell ringing, I went there, and found the prisoner, prosecutor, and another man—I had seen the prisoner before, about 11 the same day, when I served him and another man with a pint of beer at the bar—the other man took up the newspaper, and the prisoner took a silver watch out of a bag the size of the watch, shook it, and put it to his ear—they stayed in front of the bar about ten minutes, and I had a good opportunity of seeing the prisoner's face—the very moment I went into the room, between 1 and 2, I recognized him—they then called for a pint of beer, for which the prosecutor gave me a 4d.-piece—I afterwards heard some one go out, but did not see who it was—the prosecutor then came out, and made a complaint to me about the two men—he said the stout man had taken his watch, and I then found that the prisoner was gone—he has never lodged in my house, but I think I have seen him in and out several times.

Cross-examined. Q. You are very positive about this matter? A. Yes. I did not turn my servant Jane away because she was not so positive, her time was up, I had given her warning before—I cannot tell when the prisoner was last there before—I am positive this happened on a Thursday, but did not notice whether it was 20th, 23rd, or 24th—I was first called on to speak about this on Tuesday, at the Mansion-house—I cannot say who was at our house yesterday, because I was out all day, and Wednesday too, and on Tuesday I was at the Mansion-house—I have not told the policemen a good deal about this matter.

MR. RYLAND. Q. Are you sure it was Thursday when this happened? A. Yes, the Thursday before yesterday—we do not have a watch stolen at oar house every day, so I do not remember the others.

JOHN CHARLES OTTERWAY (City-policeman, 527). I have known the prisoner for the last five or six months. Yesterday week, about twenty-five minutes-past 12 o'clock, I was in the Minories, and saw the prisoner there, at Sparrow-corner, which is 150 yards from this public-house—he was at a clothier's door—I took particular notice of him—my attention was drawn to him—I have often spoken to him before, but did not then—I know him very well.

Cross-examined. Q. What morning was it? A. Thursday morning week—I was at the police-court, but was not examined—I first stated this yesterday to Mr. Pearson's clerk—I knew the prisoner had been taken on the same morning that he was taken, but the inspector said my evidence was not necessary till yesterday—I know the prisoner too well to be mistaken about his being the man.

JOHN CULLICOT (City-policeman, 597). In consequence of information, and a description from the prosecutor, I took the prisoner into custody on Friday 24th, coming from Sparrow Tavern, Minories. I took him to the Golden Lion, and said to the landlady, "Is this the man that was with the countryman?"—she said be was—the prisoner said he had not seen a countryman—I have known the prisoner about the Minories for eight or nine months,

and have frequently seen him about with goods, stopping parties in the street—I cannot be mistaken about him.

MR. COOPER called.

HENRY POLDEN . I keep the Goldsmith's Arms, Bedfordbury. On 23rd Oct., last Thursday week, the prisoner came to my house at about half-past 11 o'clock in the morning, with Bromley and Ponsey—the prisoner fetched some meat and potatoes for his dinner, from a shop next door, and I cooked some chops for the others—I had cooked for them before—they all stayed from half-past 11, or from between that and 12, till 6 in the evening, except going out for ten minutes or a quarter of an hour, for the calls of nature.

Cross-examined by MR. RYLAND. Q. Where is Bedfordbury? A. Near Covent-garden; nearly three miles from the Minories—I swear it is more than two miles and a half—I do not know the prisoner's occupation—he is in the habit of coming in frequently to have a pint of beer or his dinner, in the tap-room—they did not all three dine together—the prisoner had his first—they stayed till 6 o'clock in the evening, drinking, talking, and smoking their pipes—they had two or three pots of beer—they did not leave for more than ten minutes or a quarter of an hour; but I did not take particular notice—I think I can swear the prisoner did not leave the house for an hour—I had no reason for watching him—I know he was not out for ten minutes before he had his dinner, which was about half-past 1—I looked at the clock when he came in—I did not look at it when he had his dinner—I say it was about half-past 1—I think I was first informed of this affair on Monday—I do not know exactly what day it was, I think it was Monday—Bromley came to me, and told me this poor man was taken up for stealing a watch, which he said was a very hard case for one man to suffer for another, for he was confident he was not the man; and he asked me to come up and say he was at my house on the Thursday, the 35th—I told him if I could do the man any good I would come—I was to state he was at my house on Thursday, 23rd Oct—I cannot say how often he has been in my house during the five or six months I have known him—sometimes he comes in five or six times a week—the prisoner was at my house on the day before the 23rd also, and went away again directly—I cannot recollect when he was there before that; but he has been many times.

MR. COOPER. Q. You recollect this day, because your attention was called to it? A. Yes; I swear he was there on the Thursday. JOHN BROMLEY. I am a traveller, and have been lodging for a month at the Nottingham Castle, Fore-street. On Thursday-week morning I left home about 10 o'clock, and met the prisoner at a clothes-shop at the bottom of the Minories—in consequence of something that passed there, I agreed to meet him at the Goldsmith's Arms—I got there a few minutes before 12, and found the prisoner waiting for me—I brought in two mutton-chops for myself and Ponsey, and gave them to the landlord to cook—it was then near 1—I saw the clock—the prisoner went out to a cook's-shop next door but one, and brought in some potatoes and beef—he had his dinner first, and I commenced mine at about half-past 1—the prisoner was still there, and remained there till 4 minutes-past 6—I know that was the time, because I had a Spanish gold-piece, and went to the bar to ask the landlord what it was worth; I then looked at the clock, and it was 4 minutes-past 6.

Cross-examined by MR. LOCKE. Q. Then the prisoner was in the Minories on the Thursday? A. Yes, at 11 o'clock—I did not look at the clock then, but I had started from home at 10, and walked to the Minories—I went on business to a public-house in Queen-street, where I took the prisoner with me—I deal in all kinds of silk—I did not deal in any silk at this public-house—I

supply these men with different articles, silks and shawls—I have nothing to do with tobacco, I have no license for it—I sometimes take a turn at the trade, selling silks myself—it is seldom I sell in the streets—I never sold anything in the streets; I said seldom, because I did not understand what you meant—I go hawking from town to town—I have not been in London for eighteen months; I have been in the Isle of Wight, and about there—I have no license now, and I supply these men with goods—I get the goods from different warehouses, some from Manchester—I have known the prisoner three years—I have lost sight of him because I have been away—I do not recollect whether I knew him last February; I do not recollect last February—in March I was in Portsmouth—I came to town last Monday five weeks, to see the Exhibition—I was not in town in February—I do not know whether I was in March or April—I will not swear I was not—I will not swear to anything unless I am positive—I went to Portsmouth eighteen months ago, and came back five weeks ago—I did come to London once in the interval, when I was ill for a fortnight—I have only been in London once since, when a friend sent for me on business—the business was dealing in clothes—I do not deal in waistcoats or waistcoat-pieces—I do supply these men with waistcoat-pieces—I do not recollect supplying the prisoner with a waistcoat-piece in February, but I have supplied him with goods continually—I cannot pretend to remember all my transactions—I know the prisoner was in trouble for two months, about last February—I believe that was for telling some waistcoat-pieces—I did not inquire whether they were waistcoat-pieces which I had sold him; it was not a very agreeable subject to talk about—I do not know that he was in gaol—I have been told so by others, and I lost sight of him for some months—I have never been in gaol myself—I was summoned once for striking the landlord, for which I paid 5l.—that is the only trouble I have been in—I never deal in gold-chains, or things of that sort, or the prisoner either—the prisoner is a duffer—on Thursday morning, when I met him in the Minories, he had a shawl or two and some handkerchiefs to sell, and a piece of waistcoating, I think—it was not a piece of what duffers call Genoa velvet, it was satin—he did not show me a watch; I never saw him with one—he is not one of the class who deal in watches—I never supplied him with a watch, chain, or any velvet—we had a pint or two to drink—we did not have any brandy-and-water—I do not recollect what we had after 2—I may have had a drop of gin—I do not recollect that we all had gin—we had some gin at 6, on leaving—I will not swear we did not all have gin after 2—I heard on Friday that this transaction had occurred, and that the two men were out of the way—the prisoner went to work where it had occurred on the same Friday—I did not, on that account, conclude that he had dined with me on the Thursday—I have dined with him a score of times, more than ten times at that house—Ponsey is a stranger to me; he came to see the Exhibition, and has remained here since—he knows the prisoner—you can call Ponsey a duffer if you like; he is one of the men I sell to—he does not sell things about the streets, but in houses—he is just the same as the prisoner, as regards his business.

MR. COOPER. Q. You do not keep a shop, but go about with a pack on your back? A. Yes; I have had five licenses—to get a license I am obliged to get a character from a clergyman.

HENRY PONSEY . I am a traveller, or a walking shop. On Thursday, 23rd Oct., I was at the Goldsmith's Arms—the prisoner and last witness were there—I got there about 12 o'clock, and found the prisoner there—I dined off mutton-chops with Bromley, and we had a pint or two to drink

afterwards, and a pipe or two—the prisoner went to the cook's-shop, brought in his dinner, and dined by himself.

Cross-examined by MR. RYLAND. Q. What time did you leave? A. About 2 o'clock all of us—I and the prisoner went towards Trafalgar-square—we parted with Bromley at the public-house door—I do not know where he went to—I was with the prisoner up and down the Strand all the rest of the afternoon. The Jury here stated that they had made up their minds, and found the prisoner

GUILTY . Aged 37.

LOVELL (City-policeman, 585), stated that the prisoner was tried and convicted in February in this Court, and sentenced to Two Months' imprisonment.

Transported for Seven Years.

Reference Number: t18511027-1922

1922. THOMAS AGAR , unlawfully assaulting David Hewitt, a constable, in the execution of his duty: to which he pleaded

GUILTY .

(See page 745.)

Reference Number: t18511027-1923

1923. MARY PATON, ELLEN SAYERS, MARGARET COLLINS , and ANN FLYNN , unlawfully assaulting David Hewitt, a constable, in the execution of his duty, and rescuing one Thomas Agar from his custody.

(See page 745.)

MESSRS. RYLAND and LOCKE conducted the Prosecution.

JOHN MOSS (City-policeman, 225). On 8th Oct., between 7 and 8 o'clock, I was on duty in plain clothes, in Holborn, and saw some boys named Burke, Nelhams, and Agar, pick a gentleman's pocket—I took Agar and Burke into custody, and Nelhams got away—Agar said to some boys, "Go and tell them in Plum tree-court, and Field-lane, and fetch Mary Paton from St. John's-court, and tell her I am nailed"—they all then ran off, and I conveyed Burke and Agar as far as King-Street, Smithfield, where the prisoners came round us—I am sure they are the women—I have known them by sight a long time—the women said, "What do you want them for, they shall not go?"—and they laid hold of the prisoners, who commenced struggling with me—I then gave Agar over into Hewitt's custody, and kept Burke—I saw some of the girls attack Hewitt, and some of them laid hold of Agar, and there was a general scuffle, which lasted four or five minutes—I am sure the four prisoners were engaged in it—I went on with Burke to the station leaving Agar in Hewitt's custody.

EDWARD COTTER (City-policeman, 246). I was on duty, and saw Mos and Burke, Hewitt and Agar—I have known the prisoners a long while and saw them there—when I came up there was a crowd round Hewitt and Agar, Paton had hold of Hewitt's arm, trying to make him leave go of Agar, and the other women were round him trying to pull him away. Hewitt told me to take Paton into custody, which I did, and took her to the station, leaving Agar in Hewitt's custody—before I took her, they were very violent, and endeavouring to rescue Agar—there were a great many other women.

DAVID HEWITT (City-policeman, 233). I was on duty on Holborn-hill, and saw Moss, with Burke and Agar in custody—I followed them down Holborn-hill, to the corner of King-street, where it is not very light, and there was a piece of work between Moss and the women—Moss told me to take Agar—I took him by the collar, and had not walked above a pace or two before I received a blow on the back of the neck—I turned and saw Paton step away from me—I walked on a few paces, when I received a blow on the side of my left cheek, I turned again and saw Paton make away

from the kerb-side to the houses—Cotter then came up; I pointed her out to him and told him to take her, which he did—in a minute or two there was a cry of "Don't go!" "Let him go!"—Agar then made a stop, and swore he would not go any further—I found Agar was getting away, and I threw him down in the carriage-way, I received a kick on the leg—I struggled with him some time, and was kicked several times, but I cannot say who by—I still held Agar by the collar, and he twisted and struggled with me, but he twisted himself out of his coat and got away—I kept his coat in my hand—I then tried to get up to go after him, and found my leg was broken—I was assisted to the station, and then carried to the hospital—I know all the prisoners, and saw them all there—I have known Flynn a long time—I saw her at my back, but did not see her do anything.

CHARLES LIZZARD . I am a print-manufacturer, at 1, George-yard, Snowhill. I have nothing to do with the police—on the evening of 8th Oct., I was in King-street, and saw Burke in Moss's custody, Paton in Cotter's, and Agar in Hewitt's—there were several females in the mob, but it is a dark place—I cannot say whether they were doing anything to Hewitt—I saw Agar kick him, and break his leg, and there were three or four more there besides men and women—I saw Flynn there, and Paton was trying to get Agar away from Hewitt—Agar got away, and I pulled Hewitt from under a cart-wheel, or he would have been run over.

GEORGE MULLINEUX (City-policeman, 293). In consequence of information I apprehended Collins and Sayers, outside Guildhall.

FRANCIS TOY . On 8th Oct., about 7 o'clock, I was in King-street, Snowhill—I saw Paton in Cotter's custody, and saw thirty or forty persons, some struggling with Hewitt, and some endeavouring to get Agar away—I cannot speak to any of the prisoners except Paton.

PATON— GUILTY . *† Aged 17.

FLYNN— GUILTY . *† Aged 20.

Confined Six Months. SAYERS— GUILTY . *† Aged 19.

COLLINS— GUILTY . *† Aged 17.

Confined Four Months.

Reference Number: t18511027-1924

1924. JOHN FOSTER , stealing 1 hay-cloth, and 1 cart-rope, value 35s.; the goods of James Field.

THOMAS FIELD . I am a labourer, at Hither-heath. On the evening of 20th Oct., I was going from London with my father's cart—his name is James Field—when I got to Southall, at about 9 o'clock, I had the hay-cloth safe on the tail of the cart, and the rope—these (produced) are them—the cloth has my father's name on it—about half a mile beyond Southall I missed them from the cart—the prisoner was following me with his cart, walking by the side of his horses when I left Southall, and he afterwards passed me—when I got to the "Wagon and Horses" at Hayes, I left my horse and cart there, and went after the prisoner who had gone on—I got a policeman, came up to the prisoner, and asked him if he had seen the hay-cloth and rope, and he said, "No"—I asked him if he had them in his cart, and he said he had nothing but his own—the policeman then searched his cart, and found them—the prisoner had a boy with him, and before I got to him I heard him say to the boy, "You young b—, pull the cloth up or it will fall off."

JOSEPH CHEETHAM (policeman, T 207). The last witness complained to me, and I went with him after the prisoner—I asked the prisoner if he had anything in his cart belonging to Field, he said he had nothing but what was his own—I searched his cart and found these things—he had two carts with him, but he was driving the one where I found them himself.

Prisoner's Defence. I did not see what was in the cart till it was found; the man with the other cart jumped off, and ran away.

JOSEPH CHEETHAM re-examined. I saw no man on the other cart, and did not see any one run away—the prisoner was driving the second cart himself, and his wife, and his wife's father, and a little boy were in the first.

GUILTY . * Aged 30.— Confined Four Months.

OLD COURT.—Saturday, November 1st, 1851.

PRESENT—Mr. JUSTICE MAULE; Mr. JUSTICE CRESSWELL; Sir JAMES DUKE , Bart. Ald.; Mr. Ald. WIRE; and RUSSELL GURNEY , Esq.

Before Russell Gurney, Esq., and the Second Jury.

Reference Number: t18511027-1925

1925. CHARLES SAMAINE , feloniously killing and slaying Edward Plampen: to which he pleaded

GUILTY . Aged 16.— Confined Three Month.

Before Mr. Justice Maule.

Reference Number: t18511027-1926

1926. GEORGE SENIOR , feloniously receiving 300 yards of de laine, 300 yards of merino, and 300 yards of cloth, value 100l.; the goods of the London and South-Western Railway Company.—Other COUNTS, for harbouring Charles Whicher and William Plampin, knowing them to have committed a felony, &c.

MESSRS. BALLANTINE and HUDDLESTON conducted the Prosecution.

EMILE DE LEAL . I am a clerk, in the employment of Messrs. Paturle, Lupil, and Co., of Paris. Previous to 17th Feb. we had received an order from Messrs. Candy and Co., for some mousseline-de-laine and merinos—on that day we packed up in a case thirty-four pieces of mousseline-de-laine and two pieces of merino—they were taken to the Douane, or Custom-house, at Paris, the same day—I saw them there; they were examined, and the package was sealed up in my presence—the case was marked, "C. C. and Co., No. 704"—it would go by Havre and Southampton to London.

DENNIS HALLA (through an interpreter). I am store-keeper to Messrs. Viltard and Co., of Havre. On 20th Feb. I received a package marked "C. C. and Co.," and numbered "704"—I took it to the Custom-house, and despatched it by the Wonder steamer for Southampton.

JOHN LEVY . I am superintendent of the baggage-warehouses at the Southampton docks. I remember the Wonder arriving there on 21st Feb.—there was a package on board, marked "C. C. and Co., 704"—it was taken to the upper warehouse, and examined by the officers—it was then put into the railway wagon of the South-western Railway Company—it was opened in my presence, and I saw that it contained mousselin-de-laine and merinos.

JOHN SCOTT . I am foreman of the goods-warehouse at Southampton. I remember the case, "C. C. and Co., 704," being brought into the warehouse on 21st Feb.—I afterwards saw it loaded into the railway wagon, No. 143—I saw the wagon secured by a tarpaulin—it would leave by the 7.40 train, I believe.

RICHARD SOPER . On 21st Feb. I saw the wagon 143 fastened down, between 4 and 5 o'clock—the train left Southampton for London about a quarter or 20 minutes to 8 at night.

JAMES POULTER . I was guard of the 7.40 train on the night of 21st Feb. from Southampton to Nine Elms; it arrived at 1.50—the wagons appeared all safely tied up before we left Southampton—they arrived safely at Nine

Elms—I put the way-bills into Mr. Treacher's office—Kendall was the night-watchman when the train came in.

PETER KENDALL . I was night-watchman at the Nine Elms station on 21st Feb. I remember the train that arrived at 10 minutes to two o'clock, with Poulter as guard—I should say all the wagons attached to that train were taken away within the hour—a man named Winter was foreman of the unloading gang on the Southampton side—from his situation, he would have access to the wagons of that train before they reached the warehouse, and after too.

GEORGE TREACHER . I am night-clerk, at the Nine Elms station. When the guard arrives with the train it is his duty to leave the way-bills in my office—the carters' delivery-bills are made out by Messrs. Chaplin and Home from the way-bills—on the morning of 22nd Feb. I made an entry from the way-bill of a package for Candy and Co.—I could not find that package—I delivered the way-bills to Winter—he reported to me that the package "C. C. and Co., 704.," was missing—I did not enter any package for Noone, of Earl-street, Finsbury.

WILLIAM PULLINOER . I am in the employ of Messrs. Chaplin and Home. We make out ticket from the way-bills and from those tickets we make out the delivery-bills—on 22nd Feb. entered in the delivery-bill (referring to it) a package for Chiswick, "Moore, Finsbury, one box"—I made a mistake, and put "Moore" instead of "Noone"—I gave that delivery-bill to Garrod, for the purpose of taking the articles mentioned to their destination.

WILLIAM CHANDLER . I was present when the truck 143 was unloaded on the morning of 22nd Feb.—the way-bill was read over by Winter—I could find no parcel marked "C. C. and Co., 704."

HENRY GARROD . I was a carter, in the employ of Chaplin and Horne. On 22nd Feb. I took a box from Nine Elms station, and delivered it at 22, Earl-street, Finsbury-square—a person there, Mrs. Plampin, I believe, signed the delivery-bill, in the name of Noone—that was my voucher to return to my masters for the delivery of the goods—she paid me 1s. 8d. for the carriage—the name of "Plampin" was on a zinc plate on the door.

WILLIAM PLAMPIN (a prisoner). I formerly lived at 22, Earl-street, Finsbury-square; I have now come from Winchester gaol, where I am under a sentence of transportation. I know a person named William Winter—in Feb. last, he was a porter at the Nine Elms station—I also knew a man named Whicher—he was a greengrocer and coal-merchant—I know the prisoner Senior—I have known him about six years—I recollect Saturday, 22nd Feb. last—Winter and Whicher came to my house, at or about 1 o'clock that day—they made some inquiry—a box afterwards come to my place—my wife took it in, between 6 and 7 in the evening—it was inclosed in a piece of coarse sheeting, and directed to "Mr. Noone, 22, Earl-street, Finsbury; to be left till called for"—I assisted to open the box—there was a direction on the box; it was not on a card, but on the wood of the box itself—that box was taken away from my house by a man named Vincent, a carman—Whicher sent him for it.

WILLIAM VINCENT . I was sent for a box to Plampin's house—I broke it up and burnt it for firewood.

WILLIAM PLAMPIN (continued). The direction on the box was "C. C. and Co."—I assisted to open it—Whicher was present—I found it was filled with Paris-de-laines and two pieces of black merino—there were tickets upon them, like these (looking at some), of this shape and description—Winter afterwards came, and he and Whicher took the pieces out, and they were

packed upon the top of a small chest of drawers at my house—an arrangement was come to between us as to their disposal—after that arrangement, I saw a person of the name of Wolfe Abrahams—they commonly called him Woolley Abrahams—I afterwards went down to the Mitre, and there saw Abrahams and Myers—after leaving the Mitre, Whicher told me to go somewhere; in consequence of which, I went to Senior's house—he kept the Black Dog public-house, Sun-street, Bishopsgate, at the corner of Longalley—I found him at the end of the bar, by himself—I asked him if he knew any one that would buy any pieces of de-laine—he asked me to bring some patterns down—I took some down on the Sunday evening—I first saw him about 3 o'clock on the Sunday, and in the evening I took him the patterns, and showed them to him—I went home, and cut the patterns off—after looking at them, he said they were splendid goods; he should not buy them himself, but he could recommend me to a man—I then left, and left the patterns with him—I went again on the Monday morning—I saw Senior, and he said he would take me down to a man—he said he could not go then, as his wife was ill, but told me to call the next day—I called next day, and from day to day down to Friday—I saw him every day—he said he could not go this day, and he could not go the other day; that his wife was not sufficiently recovered—on the Friday he sent for me—I was at home when the person came—my wife answered the door—I did not see the person that came—in consequence of a message I received, I went to his house—I went into the bar-parlour, and found Sayward and Senior there—they were examining the patterns which I had taken—Sayward asked me what I wanted for them—(that was in Senior's presence)—I said, "A shilling a yard"—Sayward said he could not give a shilling; he would write on a piece of paper what he would give, and he wrote "8d."—Senior said he could afford to give 1s. for them—Sayward doubted whether they were all wool; but after examination with him and Senior, they considered they were all wool—the patterns contained both the de-laine and the merino—the price ultimately agreed upon was 8d. for the de-laine, and 9d. for the two pieces of black merino—the price was reckoned up—Senior got a little book; I think they call it a ready-reckoner—Sayward was casting up how much it would come to, each piece—Senior said, "What do you make them come to? I make them come to 1l. 17s. 4d. a piece, at 8d. "—they cast up the whole lot, so that they came to 56l. 9s. 4d., I believe—at that time only the patterns were there—Sayward said he should like to see a whole piece or two, and asked me if I could not go and fetch them; and I went and got two pieces, and brought them back to Senior's—Senior was still there—Sayward examined them, and laid them out at full length, as they were folded, and asked Senior for a yard measure—Senior got a yard-measure, and Sayward measured them—he did not unfold them—he measured them as they laid, and counted the folds—they were in folds of about a yard and a quarter—Sayward took the two pieces away—Senior gave him two sheets of paper to put them in—there was no other person present on that occasion—Senior's son, George, was in the bar, attending to the customers—I think he is about twenty years of age—after Sayward left, I told Senior that I was to make him some recompense for his trouble in recommending a customer—he said he did not want any money—he said, "D—n the money; give me a piece or two of the stuff"—he gave me two patterns of what he chose, and I took the pieces to him myself, the first Sunday in March—I delivered them in his presence, laid them on the bar-table in the bar-parlour—there was no one else present—a man named Sayers saw me come out—(there were twenty-eight yards in

each of the pieces I took to Senior)—Sayers said to Senior, "You have been up to some of your old games again, Master George"—it was spoken in a jocular sort of way; in fact, I do not know whether the man ever recollected such a circumstance—those were the words made use of—the goods were ultimately taken to Sayward's; but before I left Senior's on that occasion, Senior upbraided me because I let the goods go so cheap—he said I was a d—d bad salesman, and it was a pity I should have such things to deal with—I went to Senior's again on the following Friday, after I had left the goods, for a part of the payment—Sayward and Senior were present—we were outside the bar on that occasion—I believe no one was present—10l. was paid to me—I had previously received 20l. in Senior's bar-parlour, on the Friday night, when the goods were sold—that was in Senior's presence—a sort of receipt was given for the money, in Senior's presence—he supplied the piece of paper—he might have seen what was written on it—this is it (produced)—I should rather say all this was not written at that time—the "Sixty" was not on it when I put the signature to it—I put the signature in Senior's bar-parlour, in his presence—I believe nothing was said in his presence as to the nature of it, or what it was for—I then left—when the second instalment, 10l., was paid, on the Friday after, the first Friday in March, Senior asked me if Sayward had paid me—I said, no, he had not; he had paid me 10l.; and he said he was fiddling of me—he said, "Don't you know what I mean?"—I said, "Not exactly"—he said Sayward was afraid that some one would halloo about it—he said whenever he (Senior) sold him anything, he always gave him a regular bill.

Cross-examined by MR. PARRY. Q. You were examined, I think, on the trial of Mr. Sayward, with a man named Whicher? A. Yes; I then stated how this money had been disposed of—it was disposed of between me, Whicher, and Winter, the whole of it—I had part of the six pieces—there were thirty-four pieces of Paris-de-laine—I had three lengths, of fourteen yards each—I had no whole piece—Whicher had the majority of the six pieces—there were four taken down to his house; in fact, the whole six pieces were taken to his house on the first occasion—I cannot say whether Whicher had four of the pieces or not—I brought the contents of one piece from Whicher's, together with three lengths for myself; and that which Senior had was one piece, in two halves—the rest was left at Whicher's house—how many that was I cannot say—Winter was to have had some, but I believe he sold his to Whicher, from what I understood—Senior had two half pieces—I was sentenced to ten years' transportation for the gold-dust robbery—I am under that sentence now—I do not know what the Secretary of State has done for me—I know of nothing yet—if my sentence has been commuted it is more than I know—it has not been communicated to me—I am not expecting a commutation, that I know of—I cannot say that I have any expectation of anything of the sort—all I can say is, when I left the prison I found the ticket over my door, "10 years transportation,"the same; and I have heard nothing to the contrary since I have been here—I cannot say that I shall get anything by giving evidence; I do not expect to—I had a very uneasy mind, and I was very glad to get these things off my mind—I was uneasy after my conviction, and so I was before—I would have got off if I could, decidedly—I pleaded not guilty—I was innocent of the charge of which I was found guilty; and I should not have been in my present situation if it had not been for Mr. Senior; for he has drawn me and many others into many a scrape of this description.

MR. BALLANTINE. Q. Have you sent a petition to the Secretary of State?

A. I sent one—I have not received any answer to it, or any communication upon it—I do not know what the result of it is—the six pieces that were taken to Whicher's were independent of the pieces that were sold to Sayward—they were taken to Whicher's after I had the negotiation with Sayward—the goods were removed from my house to Vincent's, and when they were removed from Vincent's they were taken round to Whicher's—the charge against me at Winchester was receiving a certain portion of gold-dust.

MARY PLAMPIN . I am the wife of last witness—I know Whicher and Winter—I remember a parcel coming to my husband's house on Saturday, 22nd Feb.—it was brought by the witness Garrod—I paid him 1s. 8d., and 2d. I gave him for himself—I signed the delivery-bill in the name of Noone—this is it (looking at it)—the box was afterwards unpacked—it contained mouseline-de-laines and merinos—they were put on the drawers in the bed-room, and afterwards packed up in a box and a wrapper, and taken away—on the Friday morning after the goods had come, I remember young George Senior calling between 10 and 11 o'clock—he said something to me—I told my husband what he had said, and he went out to go to Senior's.

Cross-examined. Q. Have you ever been threatened with prosecution? A. No; I am quite sure of that—I had a dress of this stuff.

JOHN SAYWARD (a prisoner.) I formerly carried on business as a linen-draper in Hereford-place, Commercial-road East—I was convicted here at the last Sessions of receiving these stolen goods—I come from prison to give my evidence to-day—I know the prisoner—I have known him ten or twelve years—I remember going to his house in Feb. last—I went there of my own accord—I was passing that way—I saw Senior there—I had some ale, I think at the bar—he asked me to walk into the bar-parlour—I do not know exactly what day this was, but I think it was on the Tuesday previous to 28th Feb.—I think there were some patterns of de laine lying on the table when I went in—I asked him what they were—he said a party had got them to sell—I would rather decline answering whether I had had previous transactions with Senior—he did not say the name of the party who had them to sell—he sent for Plampin, who came—I am not quite certain who he sent, but I believe it was his son—I had never seen Plampin before—he was introduced to me by Senior as the person who had got the goods to sell—I then had the patterns before me, and was examining them—I asked Plampin the price—he said a shilling a yard—I am not certain whether Senior was in the room just at that particular moment or not—he was in and out of the bar during the time we were there—I objected to the price—I did not mention any amount at that first meeting as to the price of the goods; but I asked to take the patterns with me—I went away, and took them with me, to consult my brother—I went again to Senior's house on a Friday—I am not certain whether Plampin was then in the bar or not—I went into the parlour—I do not think he sent out for Plampin then; I rather think he was in the bar, but I cannot say—I saw him, and offered to give 8d. a yard for them all round—that sum was not accepted—I bought the lot for 57l. nett—I offered to give 1d. a yard more on the black, as he objected at first to 8d. a yard—I made a calculation to ascertain the amount it came to, and Senior did so also—I do not know how he made the calculation—he had a book in his hand—I believe it was a "ready-reckoner"—I have not had the slightest conversation with Plampin with reference to this matter, either before or since his conviction—I believe 57l. was the exact amount that was paid for the goods—on the second occasion I saw two whole pieces of the goods—Plampin went away and fetched them—I believe I counted the folds

of those two pieces—I took them away with me—they were not folded in yards—they were more than a yard long—I did not have a yard-measure—I counted the folds, and guessed the lengths of them—I wrapped them up in a sheet of paper, and took them away—the paper was there, at Senior's—I do not know whether they were brought there in a piece of paper or not—I did not pay any portion of the money on that occasion—I paid, I believe, 20l. on the same evening—I made an invoice of the goods on a piece of paper—this produced is it—I believe the invoice was made out on my desk in my shop—this is the invoice that Plampin signed in my shop on the payment of the 20l.—I paid it in my shop, and he signed it there—the bulk of the goods had then been delivered—they were delivered on the Friday evening after I had been to Senior's—I have not the least doubt but the invoice was written and the money paid on my counter—the goods were brought by Plampin in the cart of a man named Vincent—I saw Senior again the next time I went there—I do not know how long after it was; but it was a very short time—I should not think it was more than a week, or it might have been ten days—I do not know that there was anything said then with Senior—I was twice there, and made two payments there—I do not recollect that Senior said anything about the goods on those occasions—the first and last amounts I believe were paid in my shop, and the two amounts between were paid at Senior's, to Plampin—I cannot say whether Senior was present—I do not know whether one was paid in the parlour or not, or whether both were paid in the shop; but I know one was paid to Plampin in the shop; whether the other was, I will not undertake to say—they were small amounts; I cannot recollect what—20l. was paid on the first occasion, at my shop—8l. 10s. was the last amount, when I wrote "settled" on the bill—that was paid at my shop—I did not give Senior any portion of the mouseline-de-laine then—on a subsequent occasion, I believe after the affair was settled, I made him a present of two dresses, of either ten or eleven yards each—he said something about the goods—I think he asked how I liked them, and I said they turned out better than I expected; and he asked me to make him a present of a dress, and I gave him two dresses—at the price I bought them, that would be about 15s.—I sold them at 1s. 21/2 d. a yard in my shop—that was a good profit—we must have profit sometimes, we have plenty of loss—I sold the black at 4s. 11d., which I had bought at 9d.; but I paid double for them, for they were only half the length they should have been.

Cross-examined. Q. Has a request been made to you by the prosecutors to give evidence in this trial? A. I have been brought here for that purpose this morning—I saw Mr. Crombie, who said I should be required to give evidence—they have not held out to me the hope of any mitigation of my punishment, and I should not have believed them if they had—my sentence is twelve months' imprisonment—they have not threatened me with any other proceedings—I have not heard of anything of that kind from any one—my sentence was for receiving these very goods—I kept a shop at that time in the Commercial-road—it was a large shop—I had three houses—I had carried on business there about fourteen years.

HENRY SAYERS . I am a cabinet-maker, and live at 27, Long Alley. I have known the prisoner about four years, since he kept the house close to me—I once did a little job for him—his Christian name is George—I have been in the habit of calling him by that name—I have seen Plampin—I have seen him at Senior's—I cannot say when I last saw him there—it was just before he was taken on the gold-dust charge—Senior has frequently been present

when I have seen Plampin there—I frequently saw Plampin there, just before he was taken into custody on the gold-dust charge—I cannot say whether I made any remark to Senior in Plampin's presence at any time; we were always laughing and joking together—we were in the habit of going there very frequently; in fact, Plampin worked for me at times, made some clothes for me—I do not recollect on one of those occasions saying anything to Senior—I may have said something about "old games;" but I was so many times there, and we were always laughing and joking about different things, that I cannot say anything that it refers to—I cannot recollect what I said about "old games"—I was intimate with Senior as a neighbour—I have not seen him at all since the last Session till this week—I have no doubt I said to him, "What, George, are you at your old games?" in the way of joking—I have no recollection of any particular occasion when I said so; it is a sort of thing I might frequently have said, and meant no harm by it either—it might have been about drinking a glass, or anything of that kind—I was in the habit of using his house five or six times a day.

Cross-examined. Q. How long have you known him keeping this public-house? A. I should think about four years—it is a gin-shop—it is frequented by tradesmen who reside in the neighbourhood.

WILLIAM VINCENT re-examined. I know Plampin—in Feb. last I removed a box from his house to mine, and afterwards took it to Mr. Sayward's—I don't know what was in it.

Cross-examined. Q. Plampin was with you, was he? A. Yes, and Whicher.

JAMES BRANNAN (police-inspector, G.) I apprehended Whicher—I afterwards went with inspector Field to Senior's, on Monday evening, 28th July, for the purpose of making inquiry as to what he knew—we were admitted by his son into the bar-parlour—Field told him he was an inspector of the detective police, first telling him his name, and asked whether he knew a person named Whicher; he said he did for many years—I then asked whether he knew he was in custody; he said he had heard so since he had been home, that he had just returned from the country—Field then asked him if he knew a person of the name of Plampin; he said, "Yes"—he then asked him whether he knew a man named Say ward; he said he did, he occasionally dropped—in there to have a glass of ale, or 3d.-worth of brandy—he then asked him whether he recollected any business transaction between Plampin and Say ward, referring to some merinos; he said, no, he did not—Field said, "If Say ward were to say you did, would he be telling the truth?" Senior said, "No; and if he were to say so in my presence, I would blow the b—s brains out"—I asked him if he had any samples of the merinos; he said, no, he had something to do besides watching his customers.

Cross-examined. Q. I believe you have never had an opportunity of mentioning this conversation before? A. No.

CHARLES WILSON . I am manager to Messrs. Candy and Co., of 4 and 5, Watling-street, consignees of the mousline-de-laine and merinos. I saw the mousline-de-laine and merinos before the Magistrate; they were from the manufactory of Messrs. Paturle and Co.—the wholesale price of the mousseline-de-laine is 1s. 51/2 d., and of the black merino, 10s. 6d.—it is of the finest quality.

EMILE DE LEAL re-examined. I saw these goods here on the last trial—they were the articles I sent.

LEWIS CROMBER . I am managing-clerk to Messrs. Bircham and Dalrymple. I attended at the police-court on the charge against Whicher and

Sayward—the prisoner was examined as a witness—this is the deposition he signed—I saw him sign it.

Cross-examined. Q. Did you hear it read over before he signed it? A. Yes (read—"George Senior, on oath, says:—I kept the Black Dog, in Crown-street, Finshury. I am a licensed-victualler—I live now at 48, Brunswick-street, Hackney-road—I know Mr. Sayward, the prisoner, these ten or twelve years—I know William Plampin, who used to live in Earl-street—I have known him nine years, when he belonged to a Lodge of Industry of Old Friends, at my previous house—I know the prisoner Whicher since I have been in town—I knew him when he was employed at Mr. Wood's—I cannot recollect as to Plampin and Sayward coming on any particular day to my house; as I take 8l. or 9l. in pennies and twopences, it would be impossible to say any particular persons were in my house on any day—I do not recollect introducing Plampin to Sayward—I do not recollect any sample of merinos and mousseline-de-laines being left with me—I never saw any, to my knowledge—I did not have a piece of merino—I was not present when Sayward and Plampin met at my house, to my knowledge—I did not send my son George to Mr. Plampin's about Feb. last, to come to my house to see Mr. Sayward, not to my knowledge—I never sent him, to my knowledge, for the purpose—I should go myself, if necessary, and I never went myself)—I believe Plampin had not been examined at the time Senior was examined—I think he was examined on a subsequent occasion—Senior was not subpoenaed—I will not be certain whether he attended the first day without a summons, or not; but in consequence of what took place, it was necessary to summon him afterwards—he was not brought there in custody the first day—he might have stayed away if he had pleased—he was under no compulsion to attend—he surrendered to take his trial.

Mr. Parry submitted that there was no case for the Jury upon either Count; the only evidence of a receiving was upon Plampin's evidence. Mr. Justics Maule thought there was evidence for the Jury, though he had great difficulty in seeing any material confirmation of the accomplices.

Charles Gordon, distiller, Goswell-street, and William Fern, clerk to Truman, Hanbury, and Co., deposed to the prisoner's good character.

GUILTY . Aged 48.— Transported for Seven Years.

Inspector Brannan stated that the prisoner's house was frequented by bad characters; that he had been employed to watch the prisoner's conduct for some years, though he had not been able to bring any charge home to him.

Before Mr. Justice Cresswell and the Third Jury.

Reference Number: t18511027-1927

1927. FRANCIS STARBROOK , feloniously carnally knowing and abusing Emma Allen, aged 11 years.

NOT GUILTY .

Before Mr. Justice Maule.

Reference Number: t18511027-1928

1928. JAMES PARKER , feloniously killing and slaying Ann Sarah Parker.

MR. EWART conducted the Prosecution.

MARY ANN PARKER . I am going on for twelve years old, and am the daughter of William Parker, of 20, Baker-street, Bethnal-green. On Saturday afternoon, 27th Sept., I went to my uncle's, the prisoner's, to clean his rooms, it was about 1 o'clock—the prisoner was at home and my aunt, the deceased; they were up-stairs—I went into the room down-stairs immediately under them, and heard some quarrelling going on, and some blows—I went up; the door was open; I went in, and saw the prisoner strike my aunt in the back, once or twice, and she buried her face in the bed—I did not remain long; I

went down, and remained in the house till about 4—my uncle and aunt came down about 3, and went into Mrs. Smart's—there was no mark on my aunt's forehead then—in about a quarter of an hour, my uncle returned—my father came about 4, just as we were going to tea—my uncle was then sitting by the table, doing nothing; he ordered my father out, and my father told me to come away, and I went with him—I returned to my uncle's house about 7 that evening, went up-stairs, and saw my aunt undressed in the bed, bleeding from the eye; her eyes were shut—I spoke to her two or three times, and she did not answer; she laid quite still.

Cross-examined by MR. PARNELL. Q. Were they both very drunk in the afternoon? A. Yes; my aunt was in bed when my father took me away; she came back from Mrs. Smart's about half-past 3—she could not walk, and Mrs. Smart took her round the neck, and took her up-stairs.

WILLIAM JAMES SMART . I am a tin-plate worker, of 1, Denmark-place, Old-street-road, four doors from the prisoner's house. On the afternoon of 27th Sept., between 3 and 4 o'clock, the deceased came to my house by herself; the prisoner followed very soon after her—on his coming in, she appeared rather excited—he attempted to strike her, but I went between them—he ordered her out of my place, and wished her to go home—she said she would not; she was in danger of her life—he said again, "Will you come? say the word"—she made no reply—they had both been drinking in the fore-part of the day, but had partially recovered, and were neither drunk or sober—I persuaded the prisoner to leave my house; he did so—the deceased did not remain long in my house; my wife went home with her about 4—about half-past 5, the prisoner came out of his house towards my door, where I was standing—he said, "I have given her something that will learn her not to tell my brother that I was the cause of the drunk "—I said, "I think you had better leave her alone; some of these days you will do her a mischief, and then you will be sorry for it"—when the deceased left my house, she was perfectly free from any injury, that I could see.

JANE ELIZABETH SMART . I am the wife of the last witness. On 24th Sept., about 4 o'clock, the prisoner and deceased were in our house; they were both tipsy—I took her home; she walked by herself—I undressed her all but her cap, and put her into bed—the prisoner was not in the room then—there was no injury on her face then—I left her between 6 and 7—as the little girl came to me, I went, and saw a wound on the deceased's head, and blood running from it into her mouth; her eyes were quite closed; I did not speak to her; she appeared to be quite insensible; her relations were there—about a fortnight previous, she had a fit, and had complained of her head—she was in her usual state of health, all but the drink; she bad been tipsy, but had recovered.

Cross-examined. Q. The drink was not an unusual thing with her? A. No; they both got tipsy together; but when they were not tipsy, there was not more comfortable neighbours in the whole place—I was not with her when she had the fit—she complained much of her head—she has not had other fits that I know of—I had not to support her along the street when I took her home; she did not walk very steadily; I may have laid hold of her arm; I can hardly recollect.

WILLIAM PARKER . I am a bricklayer, of 37, Bacon-street, Bethnal-green; I am the prisoner's brother. I went to his house on 27th Sept., about half-past 4 o'clock—he was sitting on a chair, with two of Mr. Smart's children and my daughter; they were all having tea—no words passed between us; he only told me to go outside the door; he did not want me—I

said, "Then I will take my daughter"—he was drunk; he did not know what he was doing; for he had about a peck of perriwinkles for the three children and himself—that is my reason for saying he did not know what he was about—I went there again in the evening, and saw him in the same room; he was still drunk—I went up-stairs, and saw a little bump on the deceased's head, and a little blood trickling into her mouth—I saw her breathing—I know she would get drunk for a fortnight, and that she was fourteen or fifteen stone weight, so I shook her, but as I could not bring any senses into her, I said they had better go for a doctor—she was taken to the hospital in a cab—I saw the prisoner at that time; he brought in a gallon of beer.

STEPHEN SILVESTER (policeman, G 226). In consequence of information, I went to the prisoner's house, and saw the deceased lying insensible on the floor, bleeding from the forehead and mouth—it was then about half-past 7 o'clock—there were two females in the room—the deceased only had on a gown, put on loosely, not properly fastened—244 G followed me up immediately—we put the deceased in a chair, and carried her to a cab at the end of the court—she was quite insensible—the prisoner was sitting on a chair on the ground-floor room—I did not see him do anything, my back was to him—I afterwards went to the house, and told him I must take him to the station for violently assaulting his wife—he was then capable of knowing what he was doing—he made no reply—I took him to the station, returned to the house, and found a deal of blood on the bed-clothes, but no weapon with, any mark on it.

Cross-examined. Q. Did you find blood on the floor of the bed-room? A. I think there was a little—I did not see a sieve-basket by the side of the bed—when I got the prisoner to the station be went into a fit—he then gave the inspector his name, but did not say his age—sergeant Collins said, "Are you forty or forty-five?" and he said, "You are a d—n liar"—I think he quite understood what he was about at that time.

CHARLES TUTTON (policeman, G 244). I went to the prisoner's house, and saw him sitting by the fire—I went up-stairs, and saw the deceased lying on the floor, with a gown on, and a blanket round her feet—I assisted in carrying her down—at the foot of the stairs we sat her down to rest, as she was so heavy—the prisoner got up, held up his arm, and made a blow at her—a woman said, "No, James, you shan't do that," and pushed him back—we then put her into a cab.

Cross-examined. Q. Was it a dark room? A. There was a candle close to the prisoner—he got up; he stood very well—I should not say he was going to assist in moving his wife—I noticed a stout sieve-basket near the bed—I do not know what the verdict of the coroner's jury was.

JAMES BRANNAN (police-inspector, G). The prisoner was brought to the station by Silvester—he appeared to have been drinking freely—he could walk and talk pretty well—I asked him his name, and he gave it—I asked him his age, he said he should say no more—I told him he was charged with violently assaulting his wife—he said, "I only done my duty by her; I shall be stout of heart, and stick to my text"—he afterwards had a fit.

Cross-examined. Q. The Coroner's Jury returned no verdict against him, did they? A. No; I have known him six or seven years—I always considered him a peaceable man, but given to drink very much—the deceased was a large woman, fourteen or fifteen stone weight—her age was from forty-three to forty-five.

JANE ELIZABETH SMART re-examined. I left the deceased in bed, with

the clothes covered over her—I left Mr. Parker and his wife in the room—the deceased had no gown on then, only her chemise and cap.

GEORGE ATTFIELD . I am a surgeon, of 16, Featherstone-buildings. On 27th Sept. I was surgeon at St. Bartholomew's Hospital—the deceased was brought there in a cab, in a state of insensibility, with a contusion on the forehead, cuts about the face, and one under the left eye—she did not rally, but died about three o'clock next morning—I made a post-mortem examination—there was a large quantity of extravasated blood compressed on the brain, and the arteries at the base of the brain were not quite healthy—that was not a symptom of a drinking person, but the congestion of the brain was—the extravasated blood was not corresponding to the external wound-death was caused by the blood pressing on the brain, which caused a rupture of the vessels of the brain—I cannot tell whether it was done by external violence or not—it might have been the consequence of a full habit and hard drinking—the pressure on the brain might arise from internal causes—the external wound was not such as to induce me to think that produced it—in my opinion, she was in the same position as if she had received no external wound.

NOT GUILTY .

NEW COURT.—Saturday, November 1st, 1851.

PRESENT—The Right Hon. the LORD MAYOR; Mr. RECORDER; Mr. Ald. MOON; and RUSSELL GURNEY, Esq.

Before Mr. Recorder and the Sixth Jury.

Reference Number: t18511027-1929

1929. JAMES RILEY, THOMAS COLLIER , and EDWARD HAWKINS , burglariously breaking and entering the dwelling-house of James Morriss, and stealing 3 metal taps, value 5s.; his goods.

MR. LOCKE conducted the Prosecution.

JOHN PORTER (policeman, G 101). In consequence of information I received, on 28th Sept., about half-past 10 o'clock at night, I went with Elston to the roof of a skittle-ground adjoining the White Horse, Baldwin's-gardens, and looked through a tile which was broken, and saw the three prisoners, and another, not in custody, in the skittle-ground—Riley had a lighted candle in his hand, and so had the one not in custody, neither of the candles were in candlesticks—I saw them go from there into the open yard adjoining, and from there they got through the tap-room window which was down—it is on a swing, a pivot goes through the centre—I am quite sure it was down before they pushed it open, they all four went in, and in about a minute they came out of a passage into the skittle-ground again—I attempted to get down from the roof to apprehend them, but in doing so I made a noise and they blew the candles out, and commenced getting over into the adjoining yard—I pursued them over the walls of two yards, and took Riley in the yard of the second house, the other three escaped—I took Riley to the station, the inspector told him the charge—he said, "I was over there," and said Bluey Hawkins and Fred were with him, and they should not have got over, only they heard a woman screaming and got over to get her out—no one was screaming when I was on the roof—I had only been there a minute or two—I was fetched by Maria Matthews, from Baldwin's-gardens—I examined the premises of the White Hart about two in the morning, and fetched Mr. Morriss, the landlord; he did not sleep there, no one but a girl slept there—I found

all the back-doors open, three brass taps (produced) were lying on the floor of the wash-house, and this knife I found in the tap-room—I took Hawkins on the morning of 27th, and told him I wanted him for being concerned with three others in getting into the White Horse—he said he was in there, he was very sorry, and he should not have got in if it had not been for the others, and it was a very bad job.

Cross-examined by MR. PAYNE. Do you not know that there was a servant maid in the house, who was making a noise? A. I did not hear her—there was a servant in the house, she was at the police-court, but we could not find her after—I heard the neighbours say she had been making a noise; she was intoxicated in bed, but I did not hear that she made a noise—the cellar-door was not locked, it stood wide open, the tap-room door, the cellar-door, and the passage-door leading into the bar-parlour, were all open—nothing was gone from the premises, and they had come out of the house before I made any noise.

MR. LOCKE. Q. When they came out of the door, what did they do then? A. They were looking about with lighted candles, as they might be looking for anything—they did not appear to be going away; it was not till I made a noise that they put their lights out.

JOHN HURLSTONE (policeman, G 37). I was with Porter on the roof of the skittle-ground—I saw into it, and saw four persons—I took Collier about 4 o'clock in the morning in bed at his father's, 13, Tash-street, and told him I wanted him for being at the back of the White Horse with three others—he said he was only in the yard—I saw them all four get into the tap-room, and back into the yard again.

Cross-examined. Q. Were you looking through a hole in the roof? A. Yes; there was a tile off; we both saw through the hole, and could see them very distinctly—I am not mistaken at all, I am quite sure of them.

MARIA MATTHEWS . I live at 5, Queen's Head-court, near the White Horse. The back of the skittle-ground joins the back of my yard—I saw three people, one on the wall of my yard, and two by his side—I opened the window and asked them what they wanted there—they said they were watching the young woman who was left in the house by herself—I went out and spoke to the policeman, he came in through my house to see, and he and another policeman got on the roof of the skittle-ground.

Cross-examined. Q. You say there was some one left in the house? A. So I heard, but I did not know it was a public-house, I had only been there a few days.

JAMES MORRISS . At this time I was proprietor of the White Hart, Baldwin's-gardens, but I had let the house that night and abut it up, and the person who was coming had not taken possession—I left a servant, Elizabeth M'Donald, sleeping in the house—I left her there for the present landlord; she was at the police-court, but is not here—I have not seen her since—I knew Riley about the place, and have employed him to clean pots; he knew the premises—I left the house safe about a quarter past 9 o'clock—the tap-room window swings on a centre pivot, and always shuts by falling to—about a quarter-past two I was called by a policeman, and went with him to the house—I found the water-butt upset, and a piece of piping and three taps on the ground, which were on an empty ale-barrel when I turned the gas off at a quarter-past nine—they had been removed up a flight of stairs into the washhouse—the pipe had supplied the water-butt—I had left it nailed to the wall in the yard—the servant was up when I left, she was not drunk then.

Cross-examined. Q. Had not possession been given to some person on

behalf of the present landlord? A. No; the cocks belonged to me then as he had not paid the purchase-money, 7l. only was paid out of 42l.

COURT. Q. Where did the servant-maid sleep? A. In the bar-parlour, which adjoins the bar—all the bar-fittings and fixtures were left, but not the furniture—I left the door into the bar, open for protection, but persons in the house could not get into the bar—I left the bar and bar-parlour door closed, but found them open—there was a till there, but no money in it, it was not disturbed—I missed some pewter spoons—persons would have a wall to get over to get to my back premises, or else to get over the skittle-ground—the door was locked, but the wall is low, children might get up.

JURY. Q. Was Riley in your employment at the same time as the servant girl? A. My wife gave him some halfpence to put the shutters up that same night as I was not very well.

(Hawkins received a good character.) NOT GUILTY .

Reference Number: t18511027-1930

1930. JAMES RILEY, THOMAS COLLIER , and EDWARD HAWKINS , were again indicted for stealing 3lbs. weight of lead, value 6.d.; the goods of James Kemp, fixed to a building; upon which no evidence was offered. NOT GUILTY .

Before Russell Gurney, Esq.

Reference Number: t18511027-1931

1931. ALEXANDER GOODS , unlawfully assaulting Thomas Hopper, with intent to murder him.

MESSRS. BODKIN and CLERK conducted the Prosecution. THOMAS HOPPER. I am chief-warder, at Millbank-prison—the prisoner was a convict confined there. On 9th Sept. he was brought before Captain O'Brien, one of the Directors of convict prisons, for having broken fifteen squares of glass in his cell window, and also the furniture, on the day previous—Captain O'Brien inquired into the charge, and sentenced the prisoner to twenty-eight days confinement in a dark cell—after he had been so sentenced he asked Captain O'Brien whether he would hear what he had to say—he said, "Yes; say what you have got to say"—he said, "The last time I was before you I told you I should do something"—he put his hand to his breast, and said some brief sentence, "Here goes," or "Now I will do it," pulled out a knife, and plunged it into the breast of my coat—he said he did not care for his life, or "I will soon have a rope round my neck, and here goes"—(there had been a previous complaint about his conduct in prison)—the knife passed through my coat, which was padded, grazing the edges of the fourth button—it went through my shirt, but not through my flannel shirt—it did not cut my skin at all, but I fancy it was stopped by a button, for I felt the force of it—I retreated back as he struck me—he was then removed from the room to the cell—it was my duty to open a door for him to pass—he made use of a foul expression, and said, "I wish it had been in your heart"—prisoners are allowed the use of knives at dinner time only.

CAPTAIN DONATUS O'BRIEN . I am a director of convict prisons—Mill bank is one of the prisons under my special superintendence—I was there on 9th Sept.—in consequence of an entry in the Governor's journal it was my duty to have the prisoner brought before me to have the circumstances investigated—he was brought before me by Hopper—I investigated the charge in the usual way, taking evidence and asking the prisoner if he had anything to say, and directed him to be confined for the offence he had committed—I ordered him to be removed, that matter being, as I thought,

settled—he expressed a wish to speak to me, and I gave him permission—he said something to this effect, "When I was here before I asked you to inquire into why I was sent from Millbank-prison to the Hulks, and you refused, and I said I would either kill somebody else or myself, and now I will do it"—I am positive the concluding words were, "Now I will do it"—as he said that he unbottoned the upper part of his jacket, took a knife out, turned round, and struck Mr. Hopper, who was immediately behind his left shoulder—I saw Mr. Hopper stagger by the force of the blow—a warder named Jenison, who was immediately behind, threw his arms round him, and two officers wrested the knife from his hand—this is it (produced)—I sealed it with this seal, which is never out of my possession—it is the kind of knife used in the prison, but they all have rounded points—this has been sharpened.

Prisoner. Did not I make several applications to you for permission to relate the unjust treatment I had on board the Hulks, and was deprived of my ticket, and you denied it, and said it was not your duty to inquire into circumstances previous to my coming to Millbank? A. I do not recollect it, but it is very likely—I think there was such an application, and that was the reply that I should have given, that it was not my duty to investigate the circumstances which brought you to the prison, but solely to treat you as a prisoner, according to the rules—I think you did apply to me to be sent to Norfolk Island—I did not answer you that some people had very curious whims, and that I would not give you an answer on that point—I see about thirty prisoners weekly, and put down what they wish—I do not recollect putting down anything about you—it is my duty to register the application of any prisoner who either asks a question or complains of an officer—if you had come to ask me a question I should have put it down in the book, and also my decision upon it—every application is registered by me.

MR. BODKIN. Q. Had you any power to cause his original sentence to be carried into effect? A. None whatever; it is done by the Secretary of State—no Director has power to pass sentence of transportation—they recommend things to be done by the Secretary of State, which are done sometimes, but not always—the Secretary of State has authority to do anything, but it is too serious a thing for me to recommend a man to be deprived of his liberty, and the Secretary of State can only do it by investigating the whole circumstances.

JAMES SAGE . I am a messenger, at Millbank—I was present when the blow was struck—I held the prisoner's hand while the knife was taken from it—I produce some of the ordinary dinner-knives used in the prison—this knife is similar to them, but the point has been ground down—when knives are given to prisoners they are rounded at the edge, but some are a little worn—a knife is never given to a convict as much sharpened as this is.

Prisoner. Q. Are there never such knives given for the purpose of cutting rope? A. Not like this—there are no dinner-knives as much worn as this—I have had hundreds through my hands.

THOMAS HANDLEY . I was not present when this occurred—I came in afterwards and took the knife produced out of the prisoner's right hand—Capt O'Brien put a seal upon it—I assisted in conveying the prisoner back to his cell—he said he was sorry it had not gone to Hopper's heart.

Prisoner's Defence (written). My Lord,—In my defence, I humbly beg permission to state the cause of my now standing before this tribunal charged with so serious a crime. It is in consequence of the unjust treatment I have received on board of the Justitia and York hulks. From the month of July,

1847, being the month in which I was given over by the military into the hands of the civil power, at Maidstone, in the county of Kent, until the month of June, 1851, I received punishment three times, as follows: in the month of February, 1849, I committed an offence upon shore; I was taken on board the ship; I never saw the governor or deputy-governor, but was put by the same warders that took me on board, into separate confinement, where I remained from Saturday morning until Monday morning, when I was brought upon deck. The grating was rigged in a private place; I was ordered to strip by the only two warders present, and by them I was tied up. After the space of ten minutes the governor and doctor came. The governor said, "Give him three dozen," which I received without any examination, or even so much as reading the report that was against me. That was the only punishment I received on board of the Justitia in ten months; still the character given is bad. I was removed along with a great number of prisoners to the York, whither the same warder had been previously removed, for whom I was so unjustly punished, and whose hatred I soon felt again, not only from him but from others, whose mind he had prejudiced against me. The consequence was, I resolved I would be removed under any circumstances, rather than suffer such treatment. Shortly after, having received great provocation from a fellow-prisoner, I took the law in my own hand by resenting the insult. The consequence was, I was reported, and kept for the disposal of Captain Vowles, the superintendent; but by the time he came, there was an additional report against me, namely, outrageous and insubordinate conduct (that is, for shouting and making a noise while in separate confinement). I humbly beg leave to state here, that, let a report be ever so serious, or the punishment intended to be inflicted ever so severe, the warder is never put upon oath; so that let him say what he will, it is taken for truth. But to proceed;—when the superintendent came, the report was laid against me in the most exaggerated manner possible; but in consequence of a recommendation previously given in favour of me, by a gentleman, to Captain Vowles, it was not his wish, he said, to remove me. I then laid before him the unjust punishment I had received, and the character given me on board the Justitia. In answer to which, he replied, "The report made against you was sent to me, and I did not consider it necessary for any examination, I ordered the punishment you received." I then said I did not think it just to be judged, condemned, and punished without being permitted to defend myself. He then said it was not what I thought, but that it was he that was the best judge. I then begged that he would remove me away from the ship to separate confinement. I then stated my reasons more fully, upon which he said, "Upon those grounds I will remove you." I was removed to Pentonville prison, as incorrigible. I remained there nine months and ten days without a report. At the end of that period I was sent back to the York hulk, with a badge of distinction upon my arm. The moment I was on board, the governor, Captain Barrow, called me, along with three others, and addressing himself to us, said, "I do not think it right that you should have been sent back to this ship; but as I think it is a mistake, if you do not think you will be able to conduct yourself, or if you think any of the officers will take advantage of you, I will get you transferred to another ship, but, as you have regained your character, the past shall not be brought against you. And as you have done, or nearly so, your probation, I will send you that have done your time in the first free ticket ship that comes; and the others shall go as they finish their probation." True to his promise, he sent all away but me. In about a month after, he also promised me that he would send

my name up to the Home-office as soon as possible, which promise was made for eight successive months; during which time he sent letters to and from my friends, in which he saw how I built upon his promises. But I had some misgivings, which caused me to go to him and volunteer to go out of the country as a prisoner. But he positively refused me, saying, "No, I will not send you as a prisoner after the character I have received of you, but I will tell you what I will do, I will send you away with a free ticket the first opportunity." The principal warder being present, said he should not like to see me sent as a prisoner after doing so long a time, and giving such proofs of reformation; and begged I would leave it to the governor, and rely upon his promise; upon which I thanked him, and retired. But about five or six weeks previous to the ship coming, I made a complaint against one of the senior warders; it was committed to writing, and given to the deputy-governor, who was in charge. The substance was made known to the warder next morning by him. The governor being from home, it was three or four days before I was called upon to confirm my statement. The governor told me he would inquire into it, he did so, in the following manner: he asked the warder if he knew so-and-so, he also asked two prisoners of the guilty party if they had done so-and-so, which it was natural for them to deny; he then said he would bring it to the notice of the inspector; but the inspector came and went away, and there was nothing about the statement made by me. But, previous to his coming, there was a draft of prisoners to go abroad, among whom was one that I considered my chief witness; I went to Captain Barrow and told him, and begged he would take his evidence in writing before he went away; he took a note of it, and said he would see the man, but did not; though I had not been permitted to attempt to prove my statement, or any further inquiry being made, or my committing myself in any way. Captain Barrow, not withstanding all his promises, erased my name from among those that were to go abroad, and thus deprived me of my ticket of leave; neither was I made aware of it until the men were called up and told they were going. My name not being upon the list, I applied to see the governor, and reminded him of his promise, but he instantly denied having promised to send me in the first ship, and said that he could not send me on account of my being sent back to separate confinement eighteen months previous. I then said I thought I was unjustly dealt by, for I was the only one out of four that he refused, and one of those had been twice seat back, and still received his ticket; another, also, who was scarcely out of trouble, and had been flogged for attempting to escape, sent back to prison, and still was sent abroad six months before his probation expired. But he would not listen to anything I could say, but told me I could not go, this threw me into despair. In about an hour after I was required to go to chapel; this was upon Thursday night; when the warder asked me what I was in the service, I made no reply; he asked me again; I answered, a prisoner. He flew in a passion, and said, was that the way to speak to him. I made no reply. He asked me if I was going to chapel. I said no. He asked me if I had got leave to stay away. I said, no. He asked me if I would not obey his order. I answered, I wonder you are not afraid to put your head in a place of worship. He then locked me up, went and made his report. I was taken that same night before the governor (who seemed to be in a greater passion than myself). I asked him if I had not given him every proof that man could give of my wishing to do well. He answered, "Yes, you have." I asked why I was deprived of my liberty. He said, that was no reason for me to throw myself into trouble. He made several excuses, but there was no regard to

truth or honour. He then said he thought I had been brought before Captain Vowles at his last visit. I had not. He then ordered me to be locked up in solitary, saying, he would see me in the morning. In the morning he came to me and told me that though he had prevented me from going in the first ship, he intended to send me in the next; but as I had thrown myself into trouble he would not dispose of me, but keep me for Captain Vowles; and that the complaint should also be brought before him. He then asked me the men's names I wished to call upon to confirm what I had stated. I told him the names. I asked him if he had took the evidence of James White, as he promised, but he did not answer. I asked if I should be allowed to hear what my witnesses said when called upon. He answered he was there to see justice done me, and that I should certainly hear them. After I had been in solitary about three weeks, Captain Vowles; came; I was brought before him. He said to me, "Before I proceed with the report that is against you, I will say a few words in regard to the complaint you have made; but I tell you, plainly, though you should be able to prove fully what you say, I shall not give you any credit for so doing, neither does my duty compel me to make any inquiry into it; yet I will, to satisfy you, go through the form" (a mock inquiry began). The governor, deputy-governor, chaplain, and Captain Vowles, himself, not only baffled me all they could, but put words in the warder's mouth. I was then ordered to my cell, while they took lunch. Upon being brought in again, the statement was laid aside, and the report made by the warder, without being put upon oath, received. Captain Vowles said, "Though I have so often advised you, and encouraged you with hopes, you have, because you were disappointed in going abroad, thrown yourself into trouble. And I now tell you, plainly, that had your name been sent to the Home-office, and I had seen it, I would have taken it off, for, as I have told you before, you show signs of insanity, and a person bordering upon insanity is not fit to be set at large; and now, for this one report alone, yes, for this one, I will send you to a penal settlement; but here is another, more serious, just brought against you, it is for making a false charge against your superior." I said, "I hope you have not condemned me without permitting me to call upon and hear those men give their evidence, whose names I gave to the governor, who promised that I should have every just opportunity of proving my statement." Captain Vowles replied, "It is not necessary that you should either see or hear what they said—take the prisoner away." With that I was removed to my cell, where I remained until the 19th of April, when I was conveyed to the Millbank Prison. About the beginning of June I applied to the visiting-inspector, Captain O'Brien, to have the sentence carried into effect, at the same time stating my reasons. The answer he gave me was, "Some people have strange fancies; I will register your wish. I cannot give you any answer." In a few days after I was brought before him for the purpose of inquiring into an offence I had committed; he referred to the books for my character, and finding that I was sent back twice as incorrigible, he awarded punishment according, which was thirty-six lashes. In the month of August I applied to him again, and told him that I considered I had been most unjustly condemned, punished, and sent back, and I earnestly begged that he would permit me to relate to him the whole circumstance, for I felt convinced he would see I was not deserving of the treatment and character given me; but he refused, saying, his duty was to investigate into my conduct while here, and not to inquire into anything previous. I again begged that he would send me to a penal colony the first opportunity, or at least give me some hope of a removal. This he also denied me. I then

said, if he refused me in all my applications, and would not listen to reason, it would be better to be out of the world, and the only thing I could do was to force myself into a court of justice, in order to make known the kind of justice that was administered in the convict service. Thus all application to the authorities to obtain justice or hearing failing, drove me to desperation. And now, after being in confinement from the 25th of September, 1846, undergoing the greatest suffering, I am, through the treatment above described, sunk deeper into misery and crime. I humbly beg, my Lord, you will condescend to consider the above. Throwing myself upon the mercy of the Court, I earnestly implore that mercy may be extended to me.

GUILTY .— Judgment respited.

Reference Number: t18511027-1932

1932. JOHN STEAD , feloniously forging and uttering a bill of exchange for 49l. 15s. 64.; with intent to defraud. MR. SEYMOUR conducted the Prosecution.

ALEXANDER M'KENZIE ROSS . I am an engineer, of Addison-row, Kensington. I became acquainted with the prisoner in 1834—in 1844 he called on me at my residence, Ryder-street, St. James's, and I lent him 15l.—I did not see him again till June last year, when he came to my offices, 3, Parliament-street and said he was in very great distress, and was endeavouring to effect the sale of some property he was possessed of at Wakefield through his solicitor there, and until that was done he had no means of living, and for the last two days he had had nothing to eat, and if I would give him a few shillings he would pay me when he had his remittance from Mr. Westmore-land at Wakefield, and he would pay me what he owed me—on 17th June, a few days afterwards, he called again, and said Mr. Westmoreland had sent him a bill in part payment, and it was of no use to him as be had no credit anywhere; and if I would advance him a few pounds it would be of great service to him—he handed me a bill, and put his address on it, "5, Berwick-street, Oxford-street"—I gave him 1l. which he asked for, and he gave me a memorandum, putting down the 15l., the 10s., and the 1l., making 16l. 10s.—the following day he came again, and I gave him 2l., on 13th July another 1l., and on 30th July another 1l.—he afterwards called, and said he was going down to Wakefield and wanted money, and I gave him a check for 8l.—when the bill came to maturity I sent it to my bankers, and in due time it came back to me—I wrote to the prisoner and to the drawer, to Norton the acceptor, and the endorser—the letter to the drawer, Wilson, was returned through the Dead-letter office—at the time he passed the bill, the prisoner said Naylor and Co. were respectable manufacturers at Wakefield—I knew the name connected with Wakefield—the prisoner put the endorsement "John Staples" on it at my request—it is his writing—I sent my clerk to the address on the back of the bill, but heard nothing.

Cross-examined by MR. ROBINSON. Q. He told you he had some land at Wakefield? A. Some building-ground—I have since heard that that is true, and I believe it is—I know very little of his son; I never saw him to my knowledge; I know nothing to his credit or discredit—I do not think the prisoner mentioned the name of Norton at the time he gave me this bill; I have no recollection—I advanced the money at seven different times—I had no hesitation whatever.

WILLIAM BROOK NAYLOR . I am one of the firm of John Naylor and Co., cloth-merchants at Wakefield—there is no other Naylor and Co. in our trade at Wakefield—I never put my name to a bill for the prisoner—I have never

accepted a bill since we have been a firm—this bill is not mine, or any of my partners.

Cross-examined. Q. You knew that the prisoner had some property at Wakefield? A. I never knew anything about him till this time—I know nothing of his son.

JOSEPH WILLIAMS WESTMORELAND . I am a solicitor, of Wakefield. I have been in practice there fourteen years—I have no personal knowledge of the prisoner—I never conducted business for him, or had any transaction with him—I never saw this bill till the policeman called on me.

Cross-examined. Q. Do you know the prisoner's son? A. No; I live at Wakefield—I have heard that there is property there in which the prisoner has some interest, but it is only from rumour—I do not want you to cross-examine me; for I am sure the interest I shall speak to will not avail you in any way.

JAMES M'DONALD . I am chief constable of Wakefield. On 27th Sept. I caused two of my officers to take the prisoner—I told him the charge—he said be knew nothing about it; he had never uttered such a bill to Mr. Ross—on a subsequent occasion he requested to see the bill—it was shown him—he looked at the signature, "J. Stead," and said, "That is my name, but it is not my writing; I deny the charge in toto."

Cross-examined. Q. Is Mr. Westmoreland the attorney in this case? A. No; he has no connection with it—I only know by rumour that the prisoner has property in Wakefield—I have heard that he has a son. (Bill read— "Wakefield, 17th June, 1850: two months after date, pay to my order 49l. 15s. 6d. value received, W. Wilson. Accepted, George Naylor and Co., cloth-merchants, Wakefield; payable at Messrs. Glyn and Co.'s')

MR. ROBINSON called

GEORGE BEARD . I am a musician, and live in Crown-court, Covent Garden. I have known the prisoner two years—in June, 1850, two gentlemen called at my house—I heard the name of one of them was Harrison—they said they wanted to see Mr. Stead—he had an office at my place—they went up to it—the prisoner resided with me till about five weeks ago—he was very well known, and had an excellent character—he paid me 20l. a year—I have seen him with detective officers at a house which I use myself next door to the station.

Cross-examined by MR. SEYMOUR. Q. Does any one else lire in your house? A. Yes; it is let out in lodgings—there are ten rooms in it—the prisoner lived as under-tenant in my first-floor front-room as a single man about one year and seven months—he lived there before June, 1850, and resided with me till about five weeks ago.

EDWARD MORRIS . I am a tailor, of Berwick-street. In June, 1850, as near as I can recollect, the prisoner asked me to take in letters for him.

Cross-examined by MR. SEYMOUR. Q. How long did you continue to take in letters for him? A. For several months—I do not know where he resided—he used to come for letters—he used to come to a lodger of mine named Martin, and then he asked me to take letters for him.

JOSEPH WAINWRIGHT . I am a solicitor, and reside at Wakefield. The prisoner had some property there till very lately—I advertised to sell it for him about three years ago—the purchase of it was completed about five weeks ago—to the best of my recollection the produce of the sale was 95l.—the prisoner has a son; and from documents that I have seen I know the son tried to sell the property, and stated that his father was dead.

Cross-examined by MR. SEYMOUR. Q. Have you got those documents

here? A. No; the property was copyhold—'the prisoner completed the sale to Mr. Thomas Avison—I know that Mr. Avison went and paid a mortgage off the deeds, and received them—I saw them afterwards in his possession—I think the deeds were deposited for 60l.—I believe 60l., and something more, for interest, was deducted from the purchase-money, and the rest was paid to the prisoner.

Joseph Berridge, of Swithin's-lane, gave the prisoner a good character.

GUILTY of Uttering. Aged 53.—Recommended to mercy by Mr. Ross.— Transported for Seven Years.

Reference Number: t18511027-1933

1933. JOHN WILLIAM JONES , burglariously breaking and entering the dwelling-house of Charles Henry Winfield, with intent to steal.

MR. LILLEY conducted the Prosecution

WILLIAM WINFIELD . I am a merchant, and reside with my father at 56, Tavistock-square. On the morning of 12th Oct., I was sleeping in the back drawing-room—I heard some glass fall about a quarter-past 3 o'clock—I supposed from the sound it was from the back kitchen-door, leading into the garden—I got up, raised the window-sash, looked out, and saw a figure close to the kitchen-door—after a few minutes, it moved on one side, and I saw a face looking upwards, and a man's hat—I called for the policeman, and at that moment the man ran from the kitchen-door to the wall—he got on the top of the wall, and I saw the policeman running up Woburn-place, springing his rattle, and the man jumped from the wall into the street—shortly afterwards the prisoner was brought back by the policeman to the side of the wall from whence be sprung—I went down and examined the door, leading from the kitchen to the garden; I found a pane of glass broken, and an iron bar, which went across the door, was down—the glass had been whole the night before, and I had put up the bar myself across the middle of the door inside, and had bolted the door—it is the dwelling-house of my father Charles Henry Winfield, and is in the parish of St. Pancras.

Cross-examined by MR. ROBINSON. Q. Do I understand you to say that the bar was inside the door? A. Yes; I recollect putting it up at half-past 10 at night—that is not my usual habit—I had not put it up for years before—I went down that night, and found it had not been put up, and I put it up—my father is in the habit of going down, but he was gone out of town that day, and I went down in his place—all the other persons in the house were gone to bed.

ROBERT CREBO (policeman, E 41). On 12th Oct., I was on duty in Great Coram-street, and heard a cry of "Police!" at half-past 3 o'clock in the morning—I ran in the direction of Tavistock-square—as I was running, I saw the prisoner jump from the wall between Mr. Winfield's, in Tavistock-square, and 30, Woburn-place—he ran, and I sprung my rattle, and followed him—I saw him stopped—I did not lose sight of him—I took him back to the prosecutor's, took him to the station, and found on him four lucifer matches.

Cross-examined. Q. How far is the place where he was stopped from Mr. Winfield's? A. Five or six hundred yards—I stated before the Magistrate that I did not lose sight of him—when he turned the corner, I was close to his heels—I was thirty or forty yards from him when he ran along Tavistock-place.

GUILTY . * Aged 23.— Transported for Seven Years.

Reference Number: t18511027-1934

1934. MARY ANN PANTOLL , feloniously setting fire to the dwelling-house of Evan Jarrett, his wife Lavinia being therein. Other COUNTS—not stating any person to be in the house.

MR. LLOYD conducted the Prosecution.

EVAN JARRETT . I am clerk and collector to T. Paul and Co., of Cheapside; I live at I, Mary-street, New North-road, in the parish of St. Mary, Islington. The prisoner was in my employ about five weeks; she came about 7th Sept., and continued till 9th Oct.—she was my only servant—on the night of 8th Oct., my two brothers, William and Edward, were at my house—I breakfasted on the morning of 9th Oct., between half-past 8 and a quarter to 9 o'clock, with my brother William and my wife—my other brother had left some time previous—we breakfasted in my front kitchen—I left home at a quarter before 9, and returned about 4—on returning, I observed that a fire had taken place in the front room, first-floor—a portion of the palliasse had been burnt, the horsehair mattrass and wool mattrass, the sheets, the blankets, and a portion of the door and the bedstead—the door is attached by hinges to the wall; it was very badly charred, not merely blackened, but partly burnt.

Cross-examined by MR. ROBINSON. Q. Your two brothers slept there the night before? A. Yes; in the room in which I usually slept—there are two parlours down-stairs, and two bedrooms, and a wash-house—my brother Edward went out early that morning—I went to the bedroom at half-past 6 to call him; he had to go into the City—ray brother William left the bedroom at a quarter-past 8—I had been there just before, to tell him breakfast was ready—I gave the prisoner into custody about 12 that night.

MR. LLOYD. Q. Was your furniture insured? A. No, not then—I do not smoke—there never has been any smoking in the house—when I returned I smelt turpentine, and tasted it—there was a portion of the blanket which had turpentine on, but was not burnt.

LAVINIA JARRETT . I am the prosecutor's wife—I remember the morning of 9th Oct.—William and Edward Jarrett, my brothers in law, had slept there, and William had breakfasted there—I do not remember whether the door of the breakfast room was open or shut that morning; it was usually left open—after breakfast my brother William asked me to let the prisoner go with him, to show him the Downham-road—after her return I went with her up to the bed-room, after she had had her breakfast—it was then about a quarter before 10 o'clock—I smelt a disagreeable smell, and opened the window—I then proceeded with the prisoner to strip the bed, and I saw scorches on the bed, on the opposite side to the door—I went round to that side to look, and found the edge of the mattress had been burnt which had been principally underneath—while I had been at breakfast that morning the prisoner had an opportunity of going up-stairs—I know that she had not filled the water jugs up to the middle of the day, and she had not emptied the slops at the time we went up—when the fire was discovered she said there had been a fire in the back-part of a house in the Downham-road; that a servant had set it on fire—I asked her how that was—she said it might be with a candle—I said, "Suppose these new things had been burnt, and we were not insured, what a pity!"—the prisoner said, "0, you are not insured?"—I then examined all the bedclothes very minutely, and there was no stain or spot of anything on them—I took the counterpane, one sheet, and two blankets from the bed, and put them on a chair at the bottom of the bed—I am quite sure there was no mark of any turpentine or anything on them—the sheets had been put on clean, on the day before—I then went in the next room and dressed—I then went down-stairs, and the prisoner too—I

afterwards sent her up stairs to fetch a letter, which had come while we were up stairs—about 12 I smelt something—I asked the prisoner if she smelt anything—she said, "Yes;" she supposed it was next door; they were burning old boots or shoes, for they were always burning some rubbish or another—I told her to look about, and she said there was a smoke—I went up stairs, and about one yard of the sheet was burning away—it was not flaming, but smouldering away very fast, and I discovered spots of oil in different parts—in my opinion it was oil from a lamp—the prisoner had been dressing the lamp just before—I staid in the room then till my brothers came, and they examined the room with me—after they were gone I examined the prisoner's dress, and found some oil on her dress—I rubbed the sheet against her frock, to see if it would leave a mark, it did leave a mark, but not such a one as I saw on the sheet before—the prisoner said it must be set on fire, and perhaps some one was up the chimney—about a quarter before 3 I sent the prisoner up to see if all was right—I had told her seven or eight times to go up, and just about five minutes before I smelt the fire the third time I sent her up, and she said all was safe, but previous to that she said they had burnt a pair of shoes at the next house—I said, "How was that?"—she said, "By putting them too near the fire the toes were burnt"—she laughed, and I thought she laughed at me for being nervous about it—when I went up stairs to the bed-room I found the side of the bedstead nearest to the door in flames, and the sheets were burning—I called for help, and took the burning sheets in my hand and threw them out of the back window—the prisoner came to the room—I called for water; there was none in the room—I told the prisoner to go for water—she left the room, and in the meantime I was calling for help, and the neighbours were knocking at the door—the prisoner did not open it, and I could not leave the room, for I was afraid the fire would get much higher, till I got the most inflammable things out of the room—I then went down to open the door and let the neighbours in—I do not know where the prisoner was then—she did not bring any water—she was asked several times to go for water, but she did not bring it—the door of the bed-room was red-hot when I went in the room, but being moved from the flames it went black immediately, in taking away the bed things that were burning, it went out—when I first went into the room the door was open towards the bed—when the prisoner came to the bed-room I heard a chuckle, as I thought—she was putting her apron or pinafore in her mouth, to prevent laughing, and I said to her, "What are you laughing at? is this a time for laughing?"—she said, "I was not laughing, but the smoke stifled me"—there had been no one in that room that morning but the prisoner, after William Garratt left, till my two brothers came home, at half-past 12, and left at I; that was after the second fire—the prisoner was to leave my employ on the following Saturday, and a girl was to succeed her whom I had had before; her name was Jemima—I know there was a jealousy between them—I had told the other girl that if Mary did not mind I should turn her away, and she had told Mary that if she did not mind she should have her place—I traced spots of oil on the sheets—I tasted the blankets afterwards, and found there was turpentine on them, but on the first occasion it was lamp-oil on the sheet, and on the other occasion turpentine on the blankets—the prisoner had told me throughout that it was not with her will that she left me, but her father did not like her being so far from home.

Cross-examined. Q. Were you in the habit of having friends come to house? A. No; I have occasionally left my bed-room, and gone to

the back-room—one of my brothers had been sleeping in the back-room for five weeks—then the other brother came, and those two had our room that night—I was in the habit of going to make the bed every morning—there was no particular work to be done that morning more than usual—my brothers were to sleep there again that night—we always breakfasted in the front kitchen—the water-jugs were filled in the morning, when the slops were taken down—I never filled them once that I remember—there is a small garden at our house—I might have gone into the garden about 10 o'clock but I do not remember it—the first time that I went up and smelt anything was about a quarter before 10—that was after the prisoner had been to the Downham-road with my brother—she was about twenty minutes gone—when I went up-stairs, at a quarter before 10, I found a disagreeable smell, and marks that the tick of the wool mattress had been burning—that was in the middle, between the palliasse and the horse-hair mattrass, on the top—I am in the habit of turning the bed up to air it, but not moving it—when I came down, I did not go up again till I smelt the second fire, which was at 12—I then found the sheet over the chair smouldering away very fast—it was not in a flame, but burning as fast as it could—of course I put that out—at a quarter before 3, I went up again, and found the sheets burning, and the door, and the palliasse, and bolster, and mattrass, and bedstead—it was the prisoner's duty to trim the lamp—she did so that morning—she was trimming the lamp while I was reading a letter, about half past 11—it was a large patch that I found on her dress, the size of my two hands—this was an upper room—I have two kitchens, two parlours, and two bed-rooms—I have known the prisoner since January—she appeared very careless and indifferent while all this was going on—she stood about, I thought she was calm and quiet because she was very much frightened, just as I was myself—I sent her to my husband after the fire—that must have been past 4.

MR. LLOYD. Q. Supposing you had been in the garden that morning, was the front door shut? A. Yes, I had shut it.

SARAH ANN M'GILL . I live next door to Mr. Jarrett—his house is at the corner—on 9th Oct. I heard Mrs. Jarrett call out in the afternoon—I went to her house and knocked at the door several times, as loud as I could, but nobody came till Mrs. Jarrett herself came—I went up-stairs to the bed-room immediately—the side of the bedstead by the door was all on fire, and the two mattrasses—a gentleman, two doors off, followed me into the house—when Mrs. Jarrett let me in, the prisoner stood by the back-parlour door—I afterwards heard her told to go for water, but I never saw her bring any up—I did not burn any boots in my house that day, or have any burnt—I had nothing but a coal fire.

MR. BROWN. I live at 7. Mary-street, New North-road. I went into Mr. Jarrett's to assist in putting out the fire, about half-past 3 o'clock—I heard Mrs. Jarrett call, and she threw out a bolster, a pillow, and a sheet, all in a blaze—I ran through my own house, and saw the last witness knocking at the door—I arrived just as the door was opened—the prisoner was in the yard while Mrs. Jarrett was throwing the things out of the window—when I went into the bed-room I found the bed on fire—I requested the prisoner, from the bed-room window, to fetch water; but I did not see her move—under the horse-hair mattrass were some blankets, which I noticed were all stained.

WILLIAM JARRETT . I am a brother of the prosecutor. I and my brother Edward slept in the same room at his house—on the night of 8th Oct., previous to going to bed, I remember putting the candle out—there was an

extinguisher and it was put over the candle, which stood on the dressing-table—my brother left the room about 7 o'clock next morning, and I left about a quarter-past 8—neither of us had any light in the room that morning nor on the night before, except that candle—neither of us had smoked in the room that day, or on the evening before—previous to going out of the room I looked at the bed—there were no marks of burning on it then; nothing of the kind—there were no spots on any of the bedclothes—I went to the Downham-road after breakfast, and the prisoner went with me—my brother Edward and I returned to my brother's about half-past 12—my sister-in-law met us, and told us there was a fire—we went to the room and the prisoner followed us—I examined the bed where the fire had taken place—I paused a little, and then said, "How is this? there is some mystery in this; I am afraid it is something worse than an accident"—the prisoner said, "Might it not be a spark from your candle, Sir?"—I told her no, that could not be the ease, for the side of the bed that had been on fire was the further side from the candle—I examined the bedclothes, and found large spots of oil on the sheets as large as the palm of my hand—it was common lamp-oil—I afterwards examined the blankets, and tasted some spots that were on the blankets—I found it tasted of turpentine—I asked the prisoner how many times she had been up stairs that day—she said, "Only once, when you and your brother and my mistress were with me"—I said, "Are you sure of that?"—"Yes"—"Are you quite positive?"—"Yes"—"You can take your oath you have only been up stairs once?"—"Yes"—I called my sister down, and told her that the prisoner positively denied being up stairs but once—she said to her, "Mary, that can't be the case; I sent you up several times to see if the room was safe, and on one occasion I sent you for the letter," which was a letter for me—the prisoner made no reply.

Cross-examined. Q. You are one of the brothers who slept in that room? A. Yes; I left the room last—I have not smoked for these ten years—I saw the lamp-oil on the sheets in the morning; and on the blankets the oil had rather a turpentine taste.

PHILIP RAYMOND (policeman, N 421). I was called to Mr. Jarrett's house on 9th Oct., and took the prisoner into custody—I went to the room where the fire had been—I discovered that the door, part of the bedstead and mattrass and blankets and sheets had been burnt, and the skirting on the opposite side of the room was discoloured by fire—here is a portion of the blanket that has the mark on it—there were the remains of sheets about the room.

Cross-examined. Q. You charged the prisoner with setting fire to the house; did she say, "I know nothing of it; I might have done it by accident; I had a match on my candlestick; I might have one in my clothes?" A. Yes; here are the coverings of the mattress which are burnt.

JAMES RAWLINGS . I am assistant to Mr. Sommerfield, who keeps an oil-shop in Russell-place, New North-road. On the morning of 9th Oct. I served a little girl, about the size of the prisoner, with 2d. worth of turpentine, but I could not swear to her features—she had it in a large kind of bottle; I never saw one like it—I suppose it was between 10 and 11 o'clock, it might have been before—it might have been any time from 9 to 11.

Cross-examined. Q. It was a large, peculiar bottle that she had? A. Yes; I do not live three minutes' walk from Mr. Jarrett's—I believe I was spoken to on this subject the next day—I did not see the prisoner till the examination.

HAMNAH WEBSTER . I am in service, in Westminster-bridge-road, Seven

or eight weeks ago the prisoner was a fellow-servant of mine—since that I heard her say she would keep her situation on purpose to keep Jemima out.

EDWARD JARRETT . I slept in that room that night—I occasionally smoke, but I did not that evening—I never carry cigars—I can always get them when I want them.

EVAN JARRETT re-examined. Q. When you were at breakfast that morning, did you observe the prisoner shut the door? A. Yes; I am quite sure of it—it was not usual for her to shut the door—I never recollect it but on that occasion all the time she was there.

Cross-examined. Q. Did you call her back to open it? A. No; I thought she did it because my brother was there that morning.

Mr. Terry, the Superintendent of a Sunday-school, gave the prisoner a good character.

GUILTY . but not on the 1st COUNT. Aged 12.—Recommended to mercy by the Prosecutor, on account of her youth and previous good character; and by the Jury on account of her ignorance and tender years.— Judgment Respited.

THIRD COURT.—Saturday, November 1st, 1851.

PRESENT—Sir WILLIAM MAGNAY , Bart. Ald.; Sir WILLIAM CUBITT , Knt. Ald.; Mr. Ald. MOON; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and a Jury composed of half English and half Foreigners.

Reference Number: t18511027-1935

1935. LOUIGI GRAZIANI and DAVIDE BARDINET , feloniously cutting and wounding Edwin Dixon, with intent to disfigure, disable, and to do him grievous bodily harm. (The evidence was interpreted to the prisoners.) MR. RYLAND conducted the Prosecution.

EDWIN DIXON . I have been lodging at the White Hart, Portpool-lane. On Sunday evening, 28th Sept., about half-past 10 o'clock, I was in Leather-lane with Henry Bullen—Graziani, who was on the other side of the street, took a stick out of another man's hands, ran across the road, and hit me on the shoulders with it—this black stick (produced) is it—I ran into Mr. Caves's, the King of Prussia, at the corner of the street—they would not let me remain there, and I ran out again, and Graziani struck me on the forehead with the stick which knocked me down, and cut my head open—I got up again directly, and saw Graziani, and also Bardinet, and several other foreigners, and Bardinet stabbed me in the side with a knife—I did not see a knife—I saw him strike me with something, and felt myself stabbed—both the prisoners ran away towards Baldwin's-gardens, where I overtook them, and I there saw the knife with a little boy, who had picked it up—I got my hands cut in the scuffle, while I was on the ground—I was taken to the police doctor, and have been attended by him since—I bled a good deal from the wounds—this (produced) is the shirt I had on—I had seen Bardinet in a public-house about a week before—I had not quarrelled with him, and no words had passed between us on this evening—I have seen Graziani going up and down Gray's-inn-lane; but never had any quarrel with him.

Cross-examined by MR. METCALFE. Q. Have you not said you had not seen Graziani before? A. I do not know that I have—I was going home to bed when he struck me—Bullen does not live with me—he was with me when Graziani struck me—there may have been a dozen persons come across with him—I said and did nothing to them—I ran away when I saw them

coming, and was running when he struck me from behind—I was not in the public-house half a minute when I came out; I was going to try to get to Mr. Frethies', in Cross-street, where I had come from, and I met Graziani at the corner of Cross-street, four or five yards from the door of this public-house I had ran into—I was going to turn the corner when he knocked me down—I was trying to pass him, to get to the nearest public-house I knew—I did not run the other way, because I thought he would catch me before I got up the lane—it was the second blow that knocked me down, and I was stabbed while I was down, I believe—I do not know what became of Bullen—I know a draper's shop at the corner of Leather-lane, partly in Baldwin's-gardens—that is about thirty yards from where I was struck the second time—it was not at that corner that I was struck—there were ten or a dozen persons still there where I was struck the second time—there was a crowd at the draper's shop when the foreigners ran round there.

Cross-examined by MR. LAWRENCE. Q. Did you see Bardinet before the second blow was struck? A. No; I have seen Bardinet before, at the Bull's Head—there were other foreigners there at the same time—there are other foreigners living in that neighbourhood, almost too many.

HENRY BULLEN . I am a journeyman butcher. On 28th Sept., between 10 and 11 o'clock, I was at home in Portpool-lane—I heard a noise, and went out into Leather-lane, to the corner of Cross-street—I saw Dixon there, and saw Graziani run across the lane, and knock him down with a stick—it was such a stick as this—Graziani ran away in the direction of Baldwin's-gardens, and I and several people after him—when I got to Baldwin's-gardens, I saw Graziani struggling with some men, and I took this stick from him, and gave it to the policeman next morning.

Cross-examined by MR. METCALFE. Q. This was at the corner of Cross-street? A. Yes, at the corner nearest Leather-lane—I believe Dixon was standing still at the corner of Cross-street when he was struck by Graziani—Dixon was not endeavouring to get round the corner—Leather-lane is not a narrow street, and Cross-street is wider—I came out of my house immediately before this blow was struck—I was not going home with Dixon—I was not with him when he ran into the King of Prussia—the first I saw of him was at the corner of Cross-street—it is not true that Graziani was standing at the corner of Cross-street; he ran across from the other side—I did not see Dixon stabbed while he was on the ground—I did not see him after he was knocked down—Graziani ran away directly—I did not lose sight of him till I came up to him, and took the stick from him—I did not take him, and give him into custody then, because there were lots of people round—I did not try to take him into custody—I took the stick and walked home, and saw no more of him till he was at the police-court—I do not know whether Dixon had been drinking—I had been drinking a little, but I was quite fresh—I am a journeyman butcher, in constant work—Dixon is a baker; I do not think he is in work—I was not in my butcher's dress—there was another butcher, named Hodges, who was in his butcher's dress—he came out with me, and went to the corner of Cross-street with me—I cannot say whether he saw exactly what I did—I cannot say whether he went to Baldwin's-gardens—there were a few foreigners about—the foreigners about there are chiefly engaged in plaster of Paris trades.

Cross-examined by MR. LAWRENCE. Q. Did you see Bardinet? A. No.

CORNELIUS TUCKER . I am fifteen years old, and live with my father and mother, in Portpool-lane. On Sunday evening, 28th Sept., about half-past 10 o'clock, I heard a row, and ran out to the corner of Cross-street—I saw

both the prisoners there, and Dixon was lying down—I saw Bardinet stab Dixon with a knife—I saw the knife in his hand, and saw him stab him—Dixon then fell down—I did not see how near Graziani was to Bardinet at that time, but they both ran away towards Baldwin's-gardens, within four yards of one another—the policeman caught hold of Bardinet, and he dropped the knife—I picked it up and gave it to the policeman—this is it (produced).

JURY. Q. Where was the knife picked up? A. In Leather-lane, at the corner of Baldwin's-gardens, between Cross-street and Baldwin's-gardens.

Cross-examined by MR. METCALFE. Q. When did you first see Graziani? A. A little after he had done it, a little way from Baldwin's-gardens, at the draper's shop corner.

Cross-examined by MR. LAWRENCE. Q. Had you ever seen Bardinet before? A. No; he was dressed the same as now, and wore a cap, I think—I knew Dixon before—I saw him get up first, and then Bardinet came behind, and stabbed him on his right side, and he fell again—there was a great scuffle and confusion, and the policeman pulled Bardinet out, and dragged him away—I did not hear Bardinet call out—he had a black eye—this is the sort of knife that is used by plaster-of-Paris-figure-makers—there are a great many of them about there.

JAMES HARRINGTON (policeman, G 169). I took Bardinet into custody, about half-past 10 o'clock, on 28th Sept., at the end of Baldwin's-gardens—there were a great many other people about him—I searched him at the station, and found on him this pocket-book, this other knife, and several papers (produced)—there were a few scratches on his face.

Cross-examined by MR. LAWRENCE. Q. Was the knife loose in his pocket? A. Yes; I first saw a mob, and some persons holding some one on the ground, and I got hold of Bardinet by the collar, and desired the mob to stand back—that was for his protection—I took him to the station—there were a great many foreigners—I have not seen the people about there insult the foreigners.

JOHN PORTER (policeman, G 101). I assisted Harrington in taking Bardinet into custody—I heard something drop between Bardinet and me, and the boy Tucker afterwards gave me the knife—that was at the end of Baldwin's-gardens.

Cross-examined by MR. LAWRENCE. Q. You did not know what it was that dropped? A. No; there was no one between him and me, and it dropped close by me.

ALLEN HARRIS (policeman, G 185). I heard a cry of "Police!" and took Graziani into custody, at the end of Portpool-lane, in Leather-lane—two men had then hold of him—Dixon was there, and said, "Take this man into custody, for these men have been stabbing and beating me"—he said, "These men," or "Those men," and he showed me his side, and looked round towards Bardinet, who was in custody close behind.

Cross-examined by MR. METCALFE. Q. Were there a great many people round; A. I suppose 200; Portpool-lane is about 300 yards from Baldwin's-gardens, on the other side of Leather-lane to Cross-street—Cross-street is on the east side, and Portpool-lane on the west—if a person came up Cross-street into Leather-lane, to get to Portpool-lane, he would turn to the right; and if he wanted to go to Baldwin's. gardens, he would go straight across.

WILLIAM TAYLOR . am a surgeon, of Clerkenwell. On 28th Sept., about half-past 11 o'clock, I was called to see Dixon—I examined him, and found on the right side of the forehead a jagged wound, which bled considerably—it did not extend quite to the bone—such an instrument as this

stick is very likely to have caused such a wound—it would require a stout blow to do it—on the back-part of the right shoulder there was an incised clean wound, about three quarters of an inch in length, extending apparently to the bone—such a knife as this (produced) is very likely to have caused such a wound—there was a punctured wound on the right hand, and a slight incised wound on two fingers of the left hand—he was very much covered with blood—I dressed the wounds, and attended him for a fortnight—the wounds were not dangerous—if the one on the shoulder had been struck on the shoulder-bone, it might have entered the chest, and the consequences might have been fatal.

MR. METCALFE (with MR. RIBTON) called

LOUIS GANIBELLI . I live at I, Leather-lane, and am a figure-maker. I know Graziani—on Sunday evening, 28th Sept., I was at the Leather Bottle, at the corner of Charles-street—about half-past 9 o'clock Graziani came in, and we remained there, talking, till half-past 10—I am quite sure about the time—I left first, and stood outside the door, and he came out, and we stood there, talking, about two or three minutes, when we parted—he said, "I am going to take a walk that way," and he went towards Baldwin's-gardens—he had no stick with him—I stayed three or four minutes, and then walked in the way he had gone, and when I had got fifty yards I heard a row—I ran to see what it was, and as soon as I got to the corner of Baldwin's-gardens I saw a mob of people coming from Baldwin's gardens—I turned back, and saw Graziani with two policemen—his face was covered with blood, and I asked him, in Italian, "What have you done?"—he said, "Nothing"—I have known him some time, and lived in the same house with him nearly six years—I never saw this stick in his possession—he works in the figure line.

Cross-examined by MR. RYLAND. Q. Did you go to the Leather Bottle together? A. No; I was there first—I did not look at the clock when he came in, but I know it was before half-past 9 o'clock—I went about nine, and I had been there a quarter of an hour, perhaps, when he came—I am sure it was half-past ten when I came out.

MR. RIBTON. Q. Was there a clock in the house? A. Yes; I looked at it many times, but not just at the moment of leaving—I am sure Graziani remained an hour—it was not more than five minutes after he left me that I saw him again in custody.

JOHN HOPKINS . I am a porter, and live at 3, Caroline-place, Baker's-row. On this Sunday night, between 10 and 11 o'clock, I was passing through Leather-lane, and there was a crowd of persons running towards Holborn—when I first saw them they were nearly opposite Cross-street—I stood on one side for them to pass me, and they turned up Baldwin's-gardens, and had got twenty or thirty yards up when Graziani came up from towards Charles-street—I was at the corner of Baldwin's-gardens, and he came and stood with his back against the shutters of a draper's shop—I stood close to him—the crowd then turned back again into Leather-lane, and as they were coming round the corner some one hallooed out, "Here is one of the b—foreigners, let us have him for one," and Graziani was directly collared by five or six of them; they then knocked him down and picked him up again, and dragged him towards Portpool-lane, and I saw no more of him—from the time he came from towards Charles-street, till the mob surrounded him, he was not in the mob at all—I swear he had no stick or anything in his hand, I must have seen it if he had—I did not know him before—I am an Englishman.

Cross-examined by MR. RYLAND. Q. Cannot you give us the time a little nearer? A. It was about half-past 10 o'clock, as near as I can say—I know

the Leather Bottle, that is in Charles-street; Graziani came from that direction—it was not more than three or four minutes from the time I first saw him till he was taken away by the mob—I saw no policeman.

ELIZABETH LAWS . My husband is a shoeing-smith. On Sunday evening 28th Sept., at nearly a quarter to 11 o'clock, I went in with my husband to the King of Prussia—while there there was a great noise outside, and a rush of people—I went out to see what it was, and went across towards Baldwin's. gardens—I stood at the corner there, and Graziani was standing by my side—the crowd then came down the garden, and a butcher named Hodges came and pulled Graziani from the side of me, and said, "This is one of the foreigners, give it him! give it him!" and struck him in the face, and four or five others all set on him—they pulled him away towards Liquorpond-street—Graziani had no stick, he had both hands in his pockets or behind him—he was not in the crowd at all before they came and assaulted him; he moved back with me at the corner, to let the crowd pass.

Cross-examined by MR. RYLAND. Q. I think you say it was as late as a quarter to 11 o'clock? A. Yes; as near as I can tell—when the mob were coming by we were just about to go home, and my husband said, "I is a quarter to eleven, we will get home," and I looked at the clock in the public-house bar, and it was a quarter to eleven—we had not been further in the house than the front of the bar—we stood in the bar twenty minutes I should think, having a glass of rum and water—Graziani was a stranger to me—my husband is foreman to Mr. Trouse, of 31, Leather-lane.

MR. METCALFE. Q. How long has he been so? A. Fourteen months—the crowd was half-way up Baldwin's-gardens when I came out of the King of Prussia—I stood at the corner with Graziani till it came back.

JURY. Q. Do you know Dixon? A. Yes; by seeing him about—he came into the public-house and jumped up, and ran out again directly—I think he ran after the mob—he was not told to go out—he did not appear to have been struck, and was not bleeding at all.

LOUISA BRANDFOOT . I am a widow, and live at 25, Leather-lane. I nurse childen—on this Sunday night, between 10 and 11 o'clock, I was going to the Hole-in-the-Wall, in Baldwin's gardens, to get my supper-beer—I heard this disturbance and saw Graziani, who I know very well, standing against the shutters at Mr. Leeche's, the linen-draper's—the crowd was then twenty or thirty yards up Baldwin's-gardens—I could not get by to go to the Hole-in-the-Wall, and I crossed over and said to Graziani, "There seems to be a fine to do up the gardens"—he said, "I suppose they are all drunk"—I bid him good-night, went away, and saw no more of it—I have known him three years—he is a maker of plaster-of-Paris figures, and lives at I, Leather-lane—I always knew him to be a very remarkably quiet man—he had no stick with him on this evening—he did not appear excited or agitated, or as if he had been running.

THOMAS RIVOLTA . I am an Italian, and live at 73, Leather-lane. I have been thirty years in England—on this evening my wife called me out to see the row, and I saw the mob—two foreigners asked me to speak to the English not to quarrel with them any more—I began to speak to the mob, and they began to say, "Kill the b—foreigners"—the mob was then opposite Cross-street—I have known Graziani about four years—he lives at I, Leather-lane, and is a maker of plaster-figures—he has borne a harmless character—I did not see him among the crowd—I swear he was not there—if he had been, I must have seen him.

Cross-examined by MR. RYLAND. Q. What are you? A. I keep an

eating-house—I have carried on business where I now do, for seven years, and previous to that I was in Cross-street.

MR. LAWRENCE called.

JBLDINA PONSONBY . I live with my father, a cab-man, at 19, Hatton-wall. I know Bardinet—on 28th Sept., between 10 and 11 o'clock in the evening, I was walking with him in Leather-lane, towards Cross-street—we saw a mob at the corner of Cross-street—he loosed my arm to see what was the matter; left me, and I followed him—I then heard some one from the mob say, "Here is another of the foreign b s," and the mob rushed on Bardinet, struck him, and knocked him down in Baldwin's gardens—I had not lost sight of him—the policeman came, and took him out of the mob—I did not see him with any knife.

Cross-examined by MR. RYLAND. Q. Are you single? A. Yes; I live with my father and mother—I am nineteen years old—I became acquainted with the prisoner by seeing him at Mr. Mancarini's, whose daughter I know—Maria Ann Mancarini was with us this evening—he asked us to take a walk—I have known him nearly five months—we have walked with him before of a Sunday evening.

COURT. Q. Did you talk with him? A. My friend did—she speaks Italian, I cannot.

MARIA ANN MANCARINI . My father is an Italian—Bardinet is in the habit of visiting him. On 28th Sept. I was walking with him and Jeldina Ponsonby in Leather-lane, in the direction of Cross-street—there was a mob, and Bardinet went to see what was the matter—I followed biro, and he was struck in the face by the people standing about there—at Baldwin's-gardens they struck him on the face, and knocked him down, and severely kicked and beat him—I was close to him—I did not see him with any knife—if he had had one I am sure I should have seen it—he is a peaceable, quiet man.

Cross-examined. Q. Do you live with your father and mother? A. Yes; my father is an image-maker, and lives at 18, Hatton-wall—he has been in this country twenty-six years—I was born in England.

COURT. Q. Did you go from your father's house with Bardinet on this evening? A. No; me and Ponsonby went out together, and met him in Hatton-wall, which is one street below Cross-street.

GIOVANNI BAI (through an interpreter), I was in the army in 1829, in Piedmont—the prisoner Bardinet was a lieutenant of the army, and a musician of the Queen—I have known him since he has been in England—he gets his living by teaching and copying music—he has always been a peaceable man—I do not know that he is acquainted with Graziani—he has never worked at image-making.

GIATINO PELLY (through an interpreter). I am a refugee, and am the director of the barracks where the refugees live—Bardinet has lived there ever since he has been in England—he has been a peaceable man—I do not know Graziani—he is not connected with Bardinet—Bardinet has never worked at image-making—I never saw this knife before.

DOMINIC RIGINI . I live at 5, Old Russell-street, Covent-garden, and am a figure-maker—I have known Graziani about five years—he worked for me—he has been as quiet and peaceable as any man I know—I do not know that he is acquainted with Bardinet.

JURY. Q. Is that a knife that is used in your business? A. I have knives of this description, but this has never been used in our business, the edge is the wrong way.

JOHN FRANCI . I am a castor of coins and medals, and live in Middleton. street, Clerkenwell—I have known Graziani four years—he is a quiet inoffensive man—he is not, to my knowledge, acquainted with Bardinet—I should have known it if he had been—this is not the sort of knife used by figure-makers.

(Several other witnesses deposed to the prisoner's good character. It was stated that the knife produced was a bookbinder's knife.)

NOT GUILTY .

Before Mr. Common Sergeant and the Seventh Jury.

Reference Number: t18511027-1936

1936. MARIE ANNE GRAVEUR , stealing 10 securities for the pay. ment of 10 guilders, 20 securities for 20 francs, 4 for 25 francs, 1 box 1 towel, 1 paletot, and 3 pairs of stockings, value 27l. 5s. 6d.; the goods of Flora Diepenheim, her mistress.

MESSRS. RYLAND and LOCKE conducted the Prosecution.

FLORA DIEPENHEIM . I live at Alfred-place, St. John's-wood—I first knew the prisoner at Amsterdam, and afterwards, in April, met her at Brussels—I came from Brussels with her, as my servant, to this country fourteen days before the Exhibition opened—I took her because I could not then speak a word of English—we first went to Mr. Cline's Hotel, in Finsbury-square, and remained there eight days—the prisoner then told me it was very expensive to live so long at an hotel, and I directed her to get lodgings—she went out, returned, and told me she had taken lodgings—I sent her with my boxes—the boxes were all locked—I bad in a desk a bill for 100 francs, two bills for twenty-five guilders, and ten notes for ten guilders each—a guilder is worth 1s. 8d.—the desk went with the boxes—I went in about two hours to the lodgings, which were at Mr. Brandt's, a cigar-shop, in Fleet-street—they consisted of a bed-room and sitting-room—I slept there that night with the prisoner—she awoke me in the morning, and brought me my watch, and I saw it was 5 o'clock, and she gave me some tea, as I was very ill—my keys were in my pocket when I went to bed—the prisoner asked me for them, and I said, "Take them"—she left the room, and then brought them back directly—they were the keys of my luggage, which had been placed in a little pantry—I went to sleep, and awoke about 11 or 12, went to the dining-room, asked after the prisoner, and found she was gone—I could not find the key of the pantry, and at last Mr. Brandt burst the door open, and I found my things all over the floor, and all the boxes unlocked——I missed the money I have mentioned from the desk, a box and a towel—these produced are the box and towel (produced)—I have towels which match this one—I also missed a shift, petticoat, and paletot—I afterwards saw the prisoner, I do not know when it was—I asked her to give me my money back, she said she had nothing for me, and I said, "I go to the police-station"—she said, "Very well, you may go; I will fetch for you a policeman"—I went to get a policeman, and in the meantime she was gone.

Cross-examined by MR. BALLANTINE. Q. You have not mentioned what you were at Amsterdam? A. I was not an admitted lady in degree—I have kept house two years—I lived by myself—young ladies do, of course, sometimes live alone in Amsterdam—I object to tell you how I supported myself, or how I was supported—the prisoner is not married—she kept a dressmaker's establishment in Amsterdam, which was considered the fashionable one—it is my own concern what business I was carrying on.

Q. The prisoner says this is her property; you say it is yours—we want to know which is most likely, a young lady, without any profession or means of living, at Amsterdam, or the most fashionable milliner at Amsterdam—what

do you live upon? A. I have plenty of money in Amsterdam—I would rather not tell you how I get it—from Amsterdam I went to Paris—I was not long there—I lived with a friend, not a lady—I then went to Brussels—I lived alone there, at the Faubourg de Cologne—I was never there before—I did not get into any trouble at Brussels—I was not accused of anything—I met the prisoner there by accident, in the street—we came over here together from Ostend—we did not travel as sisters—I have called the prisoner my sister; I mean she was my sister in harmony—I called her my sister at the hotel in Finsbury-square—I only meant we were very good friends—at Brussels she had a box with her, but it contained nothing—I looked inside it, and there was nothing in it—I put some of my clothes into it—she had only that empty box, and I had four—some of the things she afterwards stole were in her box—on the boat coming from Ostend, I met with two gentlemen—I do not know whether they were Greeks or Englishmen; but I know they were two fine, respectable men—they came to the hotel with me, and stayed with me eight days—they did not dine with me every day—they did some days, at the table hote—I knew them very well, but I do not recollect their names—they were not Dutchmen or acquaintances of mine at Amsterdam—I never knew them before—I met them in the steamer—one was not attentive to me, and one to Miss Graveur, they were both very attentive to me—it was not at their suggestion that I went into lodgings—the prisoner told me it was not right of me—I had no notion of it myself—one of the gentlemen gave me some money, but I cannot recollect which, to telegraph to Brussels—the prisoner had left me without a penny—the gentleman was very fond of me—he had not given me any money before that, but he always paid for us at the hotel—the prisoner did not tell me that she intended to go back to Brussels—I did not have a quarrel with her, and knock her over her own box—I did not ask her not to go to Brussels—she was very glad to come to London to see the Exhibition—several gentlemen visited me while I was at Mr. Brandt's—Mr. Brandt did not complain of that—I was only there three days, and then a gentleman took me away—I am not yet living with him; but I know him very well—Mr. Brandt went with me to the police-court, to speak for me, as I could not then speak English—I do not know that he made a complaint against me there—he did not want to get me out of the house.

FREDERIKA BRANDT (through an interpreter). I am the wife of Frederick Brandt, of 115, Fleet-street—the prosecutrix and prisoner came and lived at our lodgings, but I did not see her come—it was some day in April—they slept together that night, and between 7 and 8 o'clock next morning, the prisoner came from up-stairs, with two boxes, and went out with them, saying she was going to the laundress with her washing—she never came back—a few hours after, Miss Diepenheim inquired after her, and I told her she had gone away with the two boxes.

FREDERICK BRANDT (through an interpreter). On Good Friday, I had a bill in my window, and the prisoner came and wished to see the rooms—I showed them to her—they consisted of a front and back-room, and a little pantry, leading out of the sitting-room—she said she wished to take them for herself and sister, and did so—she went away, and came back again in an hour with a cab, and brought the boxes, which were taken up-stairs; but I do not know where they were put—about two hours after, Miss Diepenheim came and asked for her sister—I said, "What sister?"—she "what took the rooms"—I said she was up-stairs, and she went up—I was in the shop—I afterwards heard two or three gentlemen come—I saw no more of them

that night—next morning I was not up till about 10 o'clock—between 11 and 12 Miss Diepenheim asked me for the key of the pantry—I said I had given it to the old one (the prisoner)—I broke open the door, and Miss Diepenheim said she had lost a great many things—I saw things lying about the ground—I saw her examine her desk, and she said, "Oh! I have lost many things!"—I afterwards went with her to the station.

Cross-examined. Q. How long did Miss Diepenheim remain in your house? A. Till the Sunday. On the Saturday a gentleman came with her from the police-court, and stayed with her—I waited in my shop till 12 o'clock, and the gentleman was up-stairs—I then went up and listened at the bed-room key-hole, and Miss Diepenheim and the gentleman were there; and I knew not what to do, and I got no sleep afterwards.

SARAH SOPHIA RICHARDSON . I am single. In April I kept a coffee-house in Water-lane, Fleet-street—on 19th April a woman, whom I believe to be the prisoner, came and wanted an apartment—I told her I had not a bed-room at liberty, and she said she only wanted a room for a few hours—she had a box wrapped round with something—this box and towel (produced) she left in the room she had the use of—after I had shown her the room, she went out, and returned about 12 o'clock, I believe—a cab was afterwards sent for, and she went away in it, with a bag, umbrella, and a parcel or two—she left the box and towel in the room—she had told me before she left that she wanted to go to the station to go to Paris, and I told her the Brighton station was the right one—she told me she would come to me next time she came to London—when she went out the first time, I gave her my written address, that she might know the way.

JOHN HINE JOHNSON (City-policeman, 379). On Saturday, 19th April about 12 o'clock, I was in New Bridge-street—I saw the prisoner—she had a leathern bag, which appeared new, and a piece of paper, which she showed me, and inquired of me the way—it was Mrs. Richardson's direction, and I directed her there—the same evening, in consequence of information, I went to Mrs. Richardson's, and there found this box and towel—I showed them to Miss Diepenheim—in consequence of what Mrs. Richardson said, I found Evered, the cabman, and went with him and Miss Diepenheim to the Dover station—that was between 7 and 8—we could not hear anything of the prisoner there—I proposed to Miss Diepenheim to telegraph down, or to go by the express-train, but she said she had been robbed of all her money—I expect if we had gone we should have saved the boat.

JOSEPH EVERED . I am a car-driver. On Saturday, 19th April, about 12 o'clock, I was on the New Bridge-street stand, in consequence of a message I went to Water-lane, and took the prisoner in my cab to the Dover rail way-station, and left her there—I cannot say what luggage she had.

WILLIAM UPFOLD (policeman, E 48). On 27th Sept. I was in Oxford-street—I was called to 46, Rathbone-place—I found Miss Diepenheim at the door of the house—I went up-stairs with her—I found the prisoner there, and Miss Diepenheim gave her in charge for stealing money—she spoke so imperfectly, I could not understand what amount she said—I took her to the Fleet-street station, where she was searched by the female searcher, and these papers, pocket-book, passport, purse, and 15s. in money were found on her (produced). (The passport being read, was for Brussels to London, describing the prisoner, and dated Brussels, 22nd April, 1851.)

The prisoner's statement before the Magistrate was read, as follows:—"After I left my lodgings, I went to Brussels, to fetch my passport, it is here; the prosecutrix said I could not have my boxes till I paid 200 francs;

I said I would pay the expenses, but not more; she was a servant in my country, and I kept a shop; I have been living at Prescott-street, at 2s. a week; the bandboxes and towel I can prove to be mine, and the prosecutrix is a known thief."

NOT GUILTY .

Reference Number: t18511027-1937

1937. WILLIAM HENRY PEARCE , stealing 1 bushel of potatoes, value 2s.; the goods of James Starnes.

MR. THOMPSON conducted the Prosecution.

WILLIAM STARNES PROCTOR . I live at Rye, but have bee staying with my uncle, James Starnes, who lives at Sipson's, five miles from Uxbridge. Last Saturday night, at my uncle's request, I was watching a building which contained about eighty sacks of potatoes, from half-past 8 or 9 o'clock till nearly 12—at nearly 12 I saw the prisoner come with an empty seek on his arm, and unlock this padlock (produced), which was on the door of the building, but there was no key in it—I was ten or twelve yards off—he went into the building, was there about five minutes, and then brought out about a bushel of potatoes in the sack—I did not see the potatoes, but there was nothing there but potatoes and some ladders and baskets—he stood the sack by his side, fastened the door, put the sack on his shoulder, and went towards the gate, which is at the road, thirty or forty yards from the building—he threw the sack over the gate, got over himself, and there was another man there, who put the sack on his shoulder—I then got over, and followed them to the prisoner's house, which is about 100 yards off—I went in, and found the prisoner and his wife there—I had not lost sight of him—I have not the least doubt the prisoner is the man I saw unlock the door—I went to the building about 10 next morning; I unlocked it with this key, and found a hole in the potatoes where some had been taken from.

Cross-examined by MR. BALLANTINE. Q. How far is this building from the prisoner's house? A. 130 or 140 yards—I was watching in a privy close by—I did not stop him when he came out, because I was ordered, by my uncle to let them get what they could, and then pursue them—I followed him as soon as he left the premises—the gate is double doors, is five feet eight inches high, and there are spikes upon the top—he had the start of me by ten or twelve yards—no potatoes have been found.

JURY. Q. Who had the key? A. It was at home—the padlock has been opened with a picklock.

WILLIAM MOLLINS (policeman). On Saturday night, about 20 minutes past 12 o'clock, the prisoner was given into my custody, charged with stealing a bushel of potatoes—he said he knew nothing about it, but if he had stolen them, there was plenty of time to have put them away—he refused to walk to the station, and I asked him to walk to Sipson's, where we could get a horse and cart—he was not drunk.

Cross-examined. Q. Why would he not walk? A. He said he was very tired from work—he is a labourer—I have known him six years—I never knew anything against him—his master was here on Thursday to give him a character.

MR. BALLANTINE called

SOPHIA WIRE . I am twelve years old—the prisoner is my uncle, and I live with him—on Saturday night, 25th Oct., he came home about 8 o'clock, and remained at home till the gentlemen came and took him—he had not left the house in the meantime.

Cross-examined by MR. THOMESON. Q. Do you sleep there? A. Yes; there are four rooms—I was abed at 12 o'clock, in the back-room—I went to bed a little after 9—the prisoner was in the front room—I did not go to

sleep at all—there was no other man there—I got up, in consequence of hearing the noise, but was not up in time to see him taken out—my uncle had a quarrel with his wife at a little before 9, when I came home with my aunt—he was tipsy.

COURT. Q. Was he at home when you came home? A. Yes; we had come from Langford, which is two miles and a half from where we live—I heard the clock strike just as we were coming home—I heard my uncle's voice after I was in bed, till some one came and took him.

JAMES TOMKINS . Last Saturday night J went with the prisoner to Mr. Bartley's, the baker's shop, and after that we had a drop of beer together, and I was in his company till half-past 8, when I took him home; he was then in liquor, and could not walk by himself—I am in Mr. Perry's employ. ment, and the prisoner has been under me for ten months—Mr. Perry was here on Thursday, but he is now ill.

Cross-examined. Q. Did you put him to bed when you took him home? A. I sat him on a chair, and he said he would not come out again—I saw no more of him—he was very drunk.

HENRY BIRD . I am a solicitor, and am defending the prisoner by the instruction of Mr. Perry, his master, in consequence of the character the prisoner has borne.

WILLIAM STARNES PROCTOR re-examined. I am five feet eleven inches high, and could see over the gate—I was almost near enough to grasp him before he was over—it was a hazy night—I did not know him before—I am a stranger there—I did not lose sight of him—I did not tell him afterwards that I must have made a mistake in the person—he did not go willingly at first, but I produced a pair of handcuffs, which I had borrowed of the policeman, and he then said he would go.

GUILTY . Aged 59.— Confined Three Months

NEW COURT.—Monday, November 3rd, 1851.

PRESENT-Sir JAMES DUKE, Bart. Ald.; Mr. Ald. MOON; and Mr. COMMON SERGEANT.

Before Mr. Common Serjeant and the Sixth Jury.

Reference Number: t18511027-1938

1938. JOHANNA CATHARINE ATKINSON and MARY ANN WRIGHT , stealing 1 shawl, and other articles, value 10s.; the goods of Mary Harper.—2nd COUNT, receiving the same.

MARY HARPER . I live at Chelsea, and am single. The two prisoners came to lodge with me on Tuesday fortnight—I have but one room; we all three lived in that room—on the Sunday morning following I went out about 9 o'clock—I left Wright at home in the room—I came back about half-past 11; Atkinson opened the door to me—she said there bad been two gentlemen for me; she could not tell me who they were—she told me they wanted me directly—I went, and returned back about 2 o'clock—I went out again between 3 and 4, and returned about 8 in the evening—my door was then locked; I could not find the key—I knocked at the door, and tried it, but I could not make any one hear—I went in search of the prisoners—I found Wright near a public-house—I asked her for the key of my door—she told me it was at Mrs. Bull's room, and I went there and got it—I then went into my room—I did not search, for I had no suspicion—on the Tuesday morning I went to my box and found it was broken open—the hasp was broken off—the box had been kept in my room, and was locked on the Sunday morning—I

missed my bonnet and gown, shawl and petticoats, and a purse—I afterwards missed from a box, which was not locked, my sheets, a watch, a pencil, pencil-case, three pieces of print, a black veil, and other things—part of them are here now—this bonnet is mine—I had left it safe in the room in a band-box—this gown and shawl are mine—they are all my property.

ALFRED BORLEY . I am assistant to Mr. Lamb, a pawnbroker, in Sloane-street. I produce this shawl and gown—the shawl was pawned on 20th Oct. in the name of Panning, by a person who gave the name of Connolly at the police-office—this gown was pawned on the same day by Bull.

WILLIAM JANNAWAY . I am a pawnbroker, of Exeter-street, Chelsea. I have a petticoat pawned by a person in the name of Joy, and on the 20th Oct. it was parted from a frock that it had been pawned with before, and pawned a second time—this is the duplicate of it—the original duplicate was destroyed when it was pawned the second time.

ANN CONNOLLY . I pawned this shawl for a shilling—Atkinson came to me yesterday fortnight, and said that the old lady had locked her out of her lodging, and I took her in—she had one gown on, and she brought another gown with her—she borrowed 3d. of me—I charged her 6d. for two nights' lodgings, and 3d. for her food—she gave me the shawl to pawn—I got this duplicate for it.

GEORGE OLIVER (policeman, 251 B). I took the two prisoners on 21st Oct. for breaking the box open, and stealing these articles and others—they did not say anything—I got these two duplicates from Bull.

SOPHIA BULL . I gave these duplicates to the officer—one is of the dress which Atkinson gave me to pawn for her for 2s.—Atkinson gave me this other duplicate of the petticoat.

ELLEN FARROW . I searched the prisoners at Brompton station—I found nothing on Atkinson—I found this purse in the pocket of Wright's dress.

MARY HARPER . This is my purse; it was in the box with the other things.

Atkinson's Defence. I bought the bonnet, scarf, and dress of her for 9s.; she lent Wright a black lace veil, and she gave me one; I have witnesses that I wore the bonnet all the week, Connolly saw me with it.

ANN CONNOLLY re-examined. I saw her wearing the bonnet from the Wednesday before the Sunday—that was before I heard it was stolen—I saw her wear it from the Wednesday night, and the veil too.

Wright's Defence. On the Monday she gave me the purse, and said, "I have got a black lace veil, take care of it; it belongs to a young girl who lodged here, and I kept her box for 4s.;" on the Wednesday morning I gave her half-a-crown, and Atkinson gave her half-a-crown at the same time.

MARY HARPER re-examined. I did not give or lend any of these things to the prisoners.

ATKINS— GUILTY . Aged 17.

WRIGHT— GUILTY . Aged 17.

Confined Four Months.

Reference Number: t18511027-1939

1939. JOHN BATTEN , assaulting Mary Maidman, with intent, &c.

GUILTY of a common Assault.

He received a good character.— Confined Fourteen Days.

Reference Number: t18511027-1940

1940. CHRISTOPHER BROOKS , feloniously wounding Eliza Rotheroe, with intent to kill and murder her.—2nd COUNT, to wound and disable.—3rd COUNT, to do grievous bodily harm.

MR. WOOLLETT conducted the Prosecution.

ELIZA ROTHEROE . I was in the service of Mr. Terry, who keeps a carpet-warehouse, in Chiswell-street, St. Luke's—the prisoner was also in his service—there were two nurses, myself and the man—I had lent the prisoner 1l. about the 6th July—I made application to him for it on the 11th Sept., as he received his salary—he told me he could pay me on the morrow if he liked, but he would not, and I might whoop for the money—the next morning I applied to him again—I asked him in a friendly manner if he would tell me when he would pay me—that was about 20 minutes-past 8 o'clock—I had told him the night before that I would go to the Lord Mayor about it, and I would tell my master and mistress—nothing further occurred on the 12th, till about G o'clock in the evening, when I was in the kitchen, stooping down, putting lucifers into the fire, which had been dying out for about two hours—the prisoner had come in the kitchen perhaps a quarter of an hour or twenty minutes before this—there was no conversation took place between us—while I was attempting to light the fire he came behind me, and stabbed me twice in the nose—I thought it was blows with a fist—I saw afterwards what instrument it was done with—I tried to get up, and he held me forcibly down by my neck—with one hand he was cutting me, and with the other he was holding me forcibly down by my neck, with his hand over my head—he pulled my head down—I was still before the fire—I could not move—I tried to get up, and he pressed my head against the bars—I slipped from his grasp for an instant, and I saw the knife in his right-hand, in the act of cutting at my breast—I endeavoured to get up, and when I saw the knife I began to scream out—he bent me down, and pressed my head between his knees—he still held me in the same position—he never entirely let go from the time he first seized me with his left-hand—my head being between his knees he doubled me down, and cut me as I thought between my shoulders—he then threw my head forwards, threw me down, threw the knife on the side board, and left the kitchen—I had been crying "Murder!" from the time I first saw the knife till he left the kitchen—he did not say a word—in consequence of my screams a person came to my assistance in a few minutes after the prisoner left the kitchen—I was faint with loss of blood, but I managed to walk across the kitchen—I had not given the prisoner any provocation, only by telling him I should go to the Lord Mayor—there had been no conversation during the quarter of an hour.

Cross-examined by MR. BALLANTINE. Q. Did you say anything to him that day? A. Not after the morning—I cannot tell whether he had been drinking—he was writing a few minutes before, writing what he had laid out that day—I saw him go to the desk and take out bills, and look at them, and he counted his money—I am quite sure I did not say anything.

ELIZABETH GERRARD . I am a widow; I was nurse at Mr. Terry's. On 12th Sept. I heard screams, about 6 o'clock in the evening—I, in consequence, went to the kitchen—I found Rotheroe sitting on a chair in a fainting state, and saw the blood flowing from her head and her bands—I went and got some water, as she was in such a fainting state—I was afraid she would fall off the chair—I passed round behind her, and saw the blood running down her back and through her dress—I sent for a surgeon, who came almost immediately after—I saw the knife on the side-board—there was blood on it, and it was bent—I had not seen the prisoner previous to that, any further than he passed into the yard with a roll of oil-cloth on his shoulder, a little after 6—I did not see any appearance of his having been drinking—this is the knife (produced).

JAMES BRENNAN . I am on inspector of the 6 division of police. I was called to Mr. Terry's on 12th Sept., between 6 and 7 o'clock in the evening—I received this knife from the medical gentleman, Mr. South wood—I received a description of the prisoner, and went in search of him—on the following day I went to 38, Gloucester-street, Hoxton, and in the second-floor front-room I saw the prisoner—I told him I belonged to the police, and he answered the description of a person I was in search of, for stabbing the cook at Mr. Terry's house, in Chiswell-street, the evening before—he made no answer for a little time, and then he said, "It is right enough; I suppose I must make myself at your service"—I took him to the station—I went to the hospital, and saw the prosecutrix—on the following Monday I received this gown, which I produce—it is cut in the back.

ELIZA ROTHEROE re-examined. This is my gown, and the one I had on at the time—I cannot swear to this knife; it looks like it.

JOHN SOUTHWOOD . I am a surgeon, and live in Fore-street, Cripplegate. On the 12th Sept. I was called to Mr. Terry's—I found the prosecutrix in a very faint state, lying before the kitchen fire, her face was covered with blood—I examined her person—I found a deep cut on her nose, a cut on the thumb and finger of her left hand, and two deep cuts on the back of her neck—one of them was nearly five inches deep, and the other about three inches; each of them about an inch and a half wide in the widest part—I saw this knife lying there at the time—it is precisely the instrument that would cause such wounds—one of the wounds, in fact, was curved precisely as this knife is curved—the wounds were dangerous to life.

Thomas Harris, a scale-maker; Edmund Page, a publican; and William Tremont, a publican, gave the prisoner a good character.

GUILTY on the third Count. Aged 20.— Transported for Fifteen Years.

THIRD COURT.—Monday, November 3rd, 1851.

PRESENT—Mr. Ald. MOON and RUSSELL GUENET, Esq.

Before Russell Gurney, Esq., and the Fourth Jury.

Reference Number: t18511027-1941

1941. JOHN ROBERT ELLIS , was indicted for wilful and corrupt perjury.

NOT GUILTY .

Reference Number: t18511027-1942

1942. JOHN CONDON and BENJAMIN MORLEY , unlawfully assaulting Florence McCouliffe.

MESSRS. RYLAND and LOCKE conducted the Prosecution.

FLORENCE MCCOULIFFE . I am a bricklayer's labourer, and live at 21, Plumtree-court, Holborn. The prisoner Condon and his wife lodged with me for six or seven weeks, and left three weeks to-morrow—they owed me 6s. or 7s. for rent—I did not press him for it, but allowed him to take away his things—on Saturday, 18th Oct., I was in our sitting-room, which is on the ground-floor, with my wife and child; and Condon's wife was there—there was a knock at the "door, I opened it, and found Condon there—I said, "Condon, come in; you are welcome, John"—he up with his fist and struck me in the face, and then knocked me down by a kick in the belly—I fell on the bed—he then got a hammer from inside his jacket-pocket, and struck at my head; but I put my hand up, stopped the blow, and the hammer just grazed my face—I called to my wife, "I am murdered; he has got a hammer!"—my

wife ran to my assistance, caught him round the waist, and pulled him away from me; and before I had power to rise, Morley rushed in with a stick.

CATHERINE MCCOULIFFE . I am the wife of Florence McCouliffe. On 18th Oct., about half-past 10 o'clock in the evening, I was ironing at the window—there was a knock at the door, and my husband opened it—I saw Condon and Morley inside the street-door, in the passage, and I think Morley's wife—Condon came in, and struck my husband with his fist on the head, and knocked him down; he fell on the bed, and then cried out, "Murder, murder! he has got a hammer!"—I saw the knife in his hand—I caught hold of him to push him out, and he hit my child, gave her a black eye, and knocked her under the table—directly I laid hold of Condon, Morley came in, and hit my husband with a stick—the room door was not shut after Condon came in—it opens into a passage, and then there is another door into the court, which was open—I saw Morley in the passage—these (produced) are the hammer and stick—Morley struck at my husband's head, but he put up his arm and guarded it off—he was lying on the bed at the time—upon my husband's crying out "Murder!" my lodgers came down-stairs, and that made a noise and the prisoners got away.

Cross-examined by MR. PARNELL. Q. Was that woman, Mary Lions there? (pointing her out). A. No; she lives in the court—she did not come into my room till last Tuesday night, when she came to get us to settle it—Mrs. Condon ran out directly her husband came in, and I saw no more of her till my husband came back from the police-station—I was close to the bed when I pulled Condon off my husband—I did not get any blows myself, there was a great confusion, and it took a very short time—I do not know Morley at all—he and his wife had come once before when Condon was ill—our front-door is kept open till 10 o'clock—Morley and his wife were inside our passage when Condon came in, and there was another man also—Condon had left, in consequence of a quarrel with his wife; neither I or my husband bad anything to do with it.

Condon. Q. Did not your husband hit me in the face first? A. It all happened in an instant; as I turned round I saw my husband down—he did not strike you.

FLORENCE MCCOULIFFE continued. I did not strike' Condon—I never spoke a cross word to him in my life—directly I welcomed him he struck me—while I was lying on the bed Morley came in, and made a blow at my head—I cried out "Murder!" and by the alarm of the people on the stain they ran away.

Cross-examined. Q. Did you shut the door when you had let Condon in? A. No; as soon as I opened the door he hit me—I had not time to see if there was any one else there—I have never been in a row before—my wife nor I were never before a Magistrate—we may have had words—I do not know but what we might have had blows—my wife is not violent at times—I have never been in the hospital through her violence; I never was there at all.

CATHERINE MCCOULIFFE, JUN . On this Saturday night, about half-pad 10 o'clock, I was at home with my father and mother, and Mrs. Condon—my mother was ironing, and my father sitting by the fire—there was a knock at the door, my father opened it—Condon was there, and Morley was at the street-door, which is five or six steps from our door—my father asked Condon how he was, and welcomed him—Condon then struck him in the eye, kicked him in the belly, and knocked him down, and he fell on the bed—he then pulled a hammer from his pocket, and made a blow at my father, who caught

him by the wrist, and called out, "Catherine, Catherine! he has got a hammer to murder me"—Morley then came in with a stick, and made a blow at my father with it, and he caught it on his arm—my mother pulled Condon off my father, and he then came over and hit me in the eye, and knocked me down—there were footsteps heard on the stairs, and the prisoners ran away.

Cross-examined. Q. Your father let him in? A. Yes; he was just walking back to his seat by the fire when Condon struck him.

ADOLPHUS CLARK (City-policeman, 821). I was on duty in Plumtree-court, and about half-past 10 o'clock heard cries of "Murder!" and "Police!" from the direction of No. 21—I went in that direction, and saw both the prisoners running towards Shoe-lane, from 21—I followed them, caught Condon, and asked what was the matter—he said he did not know—I asked what made him run, and before he bad time to answer McCouliffe came and said he had struck him in the eye with the hammer—I took him to the station—he was sober.

THOMAS WILLIAM FAWKE (City-policeman, 836). On 18th Oct., about half-past 10 o'clock, I was on duty in Plumtree-court, and heard cries of "Murder!" coming from where No. 21 is—I went in that direction, and saw the two prisoners running towards Shoe-lane away from No. 21—Clark stopped Condon and I stopped Morley—he said it was not him that did it—I believe he was sober.

Cross-examined. Q. Does Morley live in Robinhood-court, Shoe-lane? A. Yes; he was running in that direction—Plumtree-court leads from Holborn into Shoe-lane—that would be his way home from Holborn.

DANIEL DRISCOLL . I live in Plumtree-court. On Sunday morning I was out early, and found a hammer in the trap of a cellar about a yard from the door of No. 21—I gave it to the police about an hour after.

ADOLPHUS CLARK re-examined. Driscoll gave me this hammer—the prosecutor gave me the stick, it had been picked up by a girl who followed us to the station—I have endeavoured to find her since.

FLORENCE M'COULIFFE re-examined. I saw a girl pick this stick up in Shoe-lane, at the end of Robinhood-court—I gave it to Clark (the stick was about two feet long, and loaded with lead).

(Morley received a good character.)

MORLEY— GUILTY. Aged 26.—Recommended to mercy by the Prosecutor.Confined Three Months .

CONDON— GUILTY . Aged 23.— Confined Four Months.

Reference Number: t18511027-1943

1943. JOSEPH PALMER was indicted for wilful and corrupt perjury.

MR. RYLAND conducted the Prosecution.

CHARLES ALLBERRY . I am clerk to the vestry-clerk of St. Luke's parish. On 2nd Sept. the prisoner was an inmate of St. Luke's workhouse, and I was instructed to take his examination with a view to apply for an order for his removal—I first made this copy (produced), which I took down from his mouth and then read over to him, and he signed it in my presence—I then had another copy made of it which I read over to him, and he signed that—I did not go with him myself to swear it before the Magistrate—this copy has remained in my possession ever since (the examination being read, was headed, "The examination of Joseph Palmer, taken upon oath;" and contained the following statement:—"I am twenty-five years old—I was lawfully married to my present wife, Ann, at St. Thomas Charterhouse, Goswell-street, about two years since—I have lawful issue of such marriage, one child")—some time after Marylebone parish had been served with the notice,

I received information which led me to ask him whether it was true that he had been married—he said it did not matter whether he was or not—I told him it mattered a great deal, and that it had got us into litigation with another parish—he then said, "Well, I am not married."

Prisoner. I was not aware, when I stated that, that I should be required to swear to it. Witness. I positively told him that he would have to be sworn.

PETER DIXON . I am one of the beadles of St. Luke's, Middlesex. On 2nd Sept. I received this paper from Mr. All berry, and in consequence of his directions I took it and the defendant to the Worship-street police-court—Mr. D'Eyncourt, the Magistrate, was sitting, and the prisoner was sworn to this paper—he had previously signed it—I showed him his signature, and asked him whether that was his handwriting—he said yes—I asked him whether the examination had been read over to him—he said it had—I asked him whether the contents of the examination were true, and he said yes—I saw the Magistrate sign the examination, and I left it with the clerk of the Court.

Prisoner. Q. Was I not taken before the Magistrate on the charge of perjury, and discharged? A. Yes; I did not then say that I had not asked you whether the contents were true—you were discharged, because there was no evidence to negative the statement you had made of having been married.

MR. RYLAND. Q. When you got that evidence, he was taken before the Magistrate again? A. Yes; on the next day, and committed—the oath was administered to him by the usher of the court—I saw him sworn.

JOHN MORRIS . I am one of the clerks at Worship-street police-court These documents when sworn are left with me—this was left with me on 2nd Sept.—I put my name on it, and produce it to-day.

ANN TURNER . In Aug. I lived with the defendant in St. Luke's, and at the end of the month I was taken into the workhouse with him—we had lived together as man and wife for two years, and I have one child by him—we were never married.

GEORGE VEALL . I am clerk of the district Church of St. Thomas Charterhouse, Goswell-street. I do not know when the Church was opened, but the first entry of marriage is on 30th March, 1846, and the last is 28th Oct., 1851—I have gone through the book for the whole time, and find no entry of the marriage of Joseph Palmer and Ann Turner—there is no entry of the marriage of Joseph Palmer to anybody.

Prisoner. Q. Do you find my name in the banns-book? A. I have not got it here—I could have examined it if you had stated you wished it.

JOHN HAMLIN . I am one of the clerks to the vestry-clerk of St. Luke's. I know the prisoner as being in the workhouse—I was present when the examination was read over to him, and saw him sign it—the other was then made out and read over to him, and he signed that—he was asked whether it was correct, and he said yes—at the time he signed it he was aware he was going to be sworn to it (the prisoners's statement before the Magistrate was here read, as follows:—"They were not read over to me in the Court.")

The prisoner stated that he was never told, and was not aware, he was going to take an oath to the statement.

GUILTY . Aged 25.— Confined Six Months.

Reference Number: t18511027-1944

1944. WILLIAM EATON was indicted for a rape upon Sophia Eaton, aged ten years.

GUILTY . Aged 34.— Transported for Life.

ESSEX CASES.Before Mr. Common Serjeant.

Reference Number: t18511027-1945

1945. CHARLES EDWARDS , stealing 1 gown, value 5s.; the goods of Henrietta Vickress.

HENRIETTA VICKRESS . I am a widow, and live at West Ham. On 22nd Sept., about 3 o'clock, I had a gown hanging in my garden on a line to dry—I missed it about half-past 3, and in consequence of information I went to Stratford, and there saw the prisoner offering my gown for sale—just as I went up to him, the woman he was offering it to gave it him back into his hand—I said to him, "You have stolen that gown off my line"—he said it was not my gown—this is it (produced)—I swear it is mine.

MARY GREEN . I live at Forest-gate, West Ham. On the afternoon of 22nd Sept., I saw the prisoner in Mrs. Vickress's garden, and saw him take the dress off the line—I told Mrs. Vickress.

THOMAS ADDINGTON (policeman, K 189). In consequence of information I received, I went and found Mrs. Vickress holding the prisoner, who had this gown. (The prisoner received a good character.)

GUILTY. Aged 20.—Recommended to mercy by the Prosecutrix.Confined One Month .

Reference Number: t18511027-1946

1946. JAMES THOMAS PALMER , embezzling 1l. 10s. 8d., and 11s. 3d.; the moneys of Henry Dobbin, his master.

HENRY DOBBIN . I am a baker, at Leytonstone. The prisoner was in my employ; he had to take out bread and bring back the money, which he ought to pay me every evening, or every two evenings, and I booked it against the customers—sometimes he paid my wife—he did not bring me 1l. 10s. 8d. from Mrs. Rayner, of whom I had a bill for that amount—she had been in the habit of paying weekly—I spoke to the prisoner about it—he said Mrs. Rayner had not paid him, but had asked if it would be convenient to let the bill run—I asked him if Mr. Daley had paid 11s. 3d.—he said no, and said the same words, would it be convenient to let it run on a little while—I, of course, said yes—he afterwards absconded.

Prisoner. Q. Did not Mr. Daley send and say he should not pay every day, but weekly, and you said very well, and the bill went on from 2nd April to 5th May, when it was between 14s. and 15s., and I took it and brought back the money, and the following week the bill ran on just the same? A. No.

JURY. Q. Have you your book here? A. No; I have looked all through it, and find no entry of the sums he mentions.

RACHAEL RAYNER . I live in High-street, Stratford, and deal with Mr. Dobbin. The prisoner used to bring the bread, and I paid him for it from time to time—the bill never ran to the amount of 1l. 10s. 8d.—Mr. Dobbin afterwards brought me a bill far 1l. 10s. 8d., but I had paid for all that to the prisoner—I did not owe Mr. Dobbin anything then—I never told Palmer to ask Mr. Dobbin to let the bill run on.

Prisoner. Q. Did you pay me anything in the last seven weeks? A. Yes, I had paid you 10s. for three weeks.

ANTHONY DALEY . I deal with Mr. Dobbin. After the prisoner left his service, Mr. Dobbin brought me a bill for 11s. 3d.; but I had paid that to the prisoner, and did not owe anything.

Prisoner. Q. Did you not tell me to tell Mr. Dobbin you would not pay

for the bread every day, on account of your having to wait so long for your money from your customers? A. No, I never said such a thing.

THOMAS ADDINGTON (policeman, K 189). I took the prisoner; he had then been away from Mr. Dobbin's twelve months—I asked him if he had seen Mr. Dobbin since his return—he said he had, and had agreed to pay him so much a week for all the money he had taken.

HENRY DOBBIN re-examined. I had not seen the prisoner, or made any arrangement for the money to be paid.

GUILTY . Aged 27.— Confined Three Months.

Before Mr. Recorder.

Reference Number: t18511027-1947

1947. SAMUEL JEEVES , robbery on William Martin, and stealing from his person I watch, value 5l.; 1 piece of paper, 1 penny, and 7 sovereigns; his property.

MR. BRIARLY conducted the Prosecution.

WILLIAM MARTIN . I am a lodging-house keeper, at Bath. On 3rd Oct. I went to Romford, in Essex, to collect some small rents—when I left Romford I had 7l. in gold in my fob-pocket—there were some half-sovereigns, and I had some silver in my waistcoat-pocket for temporary use—I went by the omnibus from Romford to 11 ford, got down there, and walked on towards London—I came to the neighbourhood of the Coach and Horses—it was then between 7 and 8 o'clock—I saw the prisoner—I got into his company—I thought him to be an honest man, but I found him to be a rogue—he folded me round, and pressed me—he stifled me, prevented me from calling—he took away my seven sovereigns and my watch—I went to the Coach and Horses, and my watch guard was on my neck—I described the prisoner, and he was brought in—I swear to him.

Cross-examined by MR. PARNELL. Q. How long was it after you had been in the Coach and Horses, that the prisoner was brought in? A. Perhaps it might have been an hour after he had done me in that manner—I used to live in Hare-street, Romford, where these houses are, forty years ago—I did not know the prisoner before, but I identify him as the man that robbed me—I am well known—I used to live near Mr. Horbell's, the horse-dealer—I got down at Ilford, because I did not choose to go any further—I waited there to be robbed—it was my pleasure to get down from the omnibus, and I did so—I got down about 4 o'clock—I cannot say whether I paid the omnibus man—I did not search about my pockets, and tell him I could not find any money to pay him—I had got plenty of money in my pocket—I believe I did not pay—Romford is about six miles from Ilford.

Q. Then you would get there about 5 o'clock; what did you do with yourself till between 7 and 8? A. I did not go out of my way—I did not go after any women—I did not go after any men—I had a quarter of a pound of tea with me that I had bought at Scoobridge—I lost that.

Q. Did you go on a brick cart? A. Do you think I look like a brickcart man: upon my word I cannot talk to you any longer—I went on a brick cart, dear me!—I lost my diary—my pockets are so shallow I cannot keep things in them, and I could not keep my money—I lost my tea at the same time I lost my watch—my coat did not go too—I went into the Rabbits and the Coach and Horses, and I believe I went into the Son—I cannot tell whether it was on the Ilford or the London side of the Rabbits that this man so ill-treated me—it was dark—I was not taken, I went with the policeman certainly—I was at the station that night; I could not get a bed—I have never been in custody in my life—I do not know whether I was fined 5s. next morning for the state in which I had been the over night—I

did not pay 5s.; I never have paid anything—I do not know whether I was ordered to pay—well, I believe it was so.

MR. BRIARLEY. Q. Had you drank much? A. I dare say you know Mr. Carter—I took a little brandy and water with him before I started, and that had that effect upon me—I found myself quite confused—I had deposited my money in my fob-pocket, and when I left Hare-street, Romford, I took it from there, and showed Miss Sharpe that I had got it safe, and this man took a deal of pains to get it out—I did not pay the omnibusman; I told him I should pay him—I had a little fruit in a basket, and I got down—the omnibus-man was not afraid of my running away from him—I had something to take at the Rabbits, and at the Sun, and at the Coach and Horses—I paid at all those places—I did not take the money from my fob, I paid from my waistcoat pocket—I never removed the money from the fob-pocket; I never touched it at all after I left Romford—I bad it safe when I bought the tea—I got on the omnibus directly after I bought the tea.

WILLIAM THOMPSON . I am a plasterer's labourer, and live at 11 ford. On the evening of 3rd Oct. I was near the Coach and Horses, between half-past 8 and 9 o'clock—I saw the last witness in the road near the Coach and Horses—I saw the prisoner, I had not known him before—it was not quite dark—there are not many lamps about there—I took hold of Mr. Martin's arm, and was leading him along—I led him a little way, and the prisoner overtook us—he put his hand in Mr. Martin's pocket, and pulled out something; I cannot tell what—he walked on—I followed him, and told the policeman—I saw Mr. Martin go to the Coach and Horses—the prisoner was brought to the Coach and Horses in about a quarter of an hour—I did not go with the policeman—he told me to stand against a lamp-post, and he would bring him back, and he came back with him to where I was—then I went to the Coach and Horses—I am sure the prisoner is the man.

Cross-examined. Q. How long had you been with Mr. Martin? A. About five minutes—I had hold of his arm—I first met with him just before you come to Ilford Gaol, not much above 100 yards from the Rabbits—I took hold of his arm because he was very drunk—I asked him where he was going, and he could not answer me—his trowsers were undone, and were hanging about him—he was down lying on the ground, and there were two females there, who said, "For God's sake assist this man, or he will be robbed"—it was five or ten minutes after that before I saw the prisoner—Mr. Martin was trying to get up, and I took hold of him—the two women left, and came towards Stratford—I did not know them before—they said nothing to me—there were two more persons along with me, but they went away, and would have nothing to do with it—Mr. Martin buttoned up his clothes, as well as he could, in going along—when I went after the prisoner I passed the gaol and the police-station—I did not stop there; I still followed him about 100 yards—I went a little farther than the Lion—I did not speak to him when I got to the Lion—I did not go up to him opposite the Lion and ask him to stand something—I said, "Have you got the money?" and he thing—I did not say, "Come, old fellow, have you got the money?"—I said, "Have you got the money?"

Q. How came you to say that? A. If he had got it, I would have gone to the police-station—I had a suspicion that he had money from his putting his hand in his pocket—I swear I did not remain in his company for an hour—I cannot say whether it was half an hour—it was about a quarter of an hour—before I went down to that part I lived at the Plough, in Mile End-road—I

worked for the same master, a plasterer—I have worked for him for four years.

JOSEPH BURRIDGE (policeman K, 250). About 9 o'clock on 3rd Oct. I received information, and apprehended the prisoner—I told him I suspected he had robbed a man opposite the Coach and Horses—he denied it—he said he did not know anything about it—I conveyed him to the Coach and Horses, where the prosecutor was sitting in the parlour—he identified the prisoner as the man who robbed him—I searched the prisoner, and found in his coat pocket six sovereigns and a half sovereign, 1s. 6d., and 31/2 d.—I said, "Whose money is this?"—he said, "It belongs to that man sitting there" (pointing to the prosecutor).

Cross-examined. Q. You were in your police dress? A. Yes; the prisoner produced the money, and he said, "It is that man's money"—when he was at the station he took out a piece of paper, and said that was the paper in which the money was wrapped—he said at the station that he found it on the ground—I have heard nothing of two women, of a watch, a quantity of tea, or a memorandum-book—it was at Little Ilford-street that Thompson came to me—to get there the prisoner would have to pass the police-station—there is a lamp there, but it was not lighted—there are generally policemen about there—the prisoner was taken near the Lion—between the gaol and the Lion—I did not know the prosecutor or the prisoner before.

Q. Was the prosecutor drunk? A. Yes; he was fined 5s. next day. I took the prisoner about half a mile from the Coach and Horses, in the direction of Romford—Thompson gave me information and I said there was a man gone on, and I had noticed him going, and I ran and took him—Thompson followed him, but I overtook the prisoner before Thompson came up, and had got him in custody—when I took him he was still going on towards Romford, walking very fast—I did not see him and Thompson together—the prisoner had passed me about twenty yards when Thompson came and gave me the information; and it was in consequence of that I followed the prisoner.

WILLIAM MARTIN re-examined. This piece of paper is what I wrapped the money in when I put it in my fob.

Cross-examined. Q. Do you recollect at all your trowsers coming down? A. Yes; they came down by taking the money out—I do not recollect any women. The prisoner received a good character.

NOT GUILTY .

Reference Number: t18511027-1948

1948. NAOMI CLARK , stealing 1 handkerchief, 1 pair of gloves, and 1 box, value 25.; the goods of Cornelius Green, from his person.

MR. CHARNOCK conducted the Prosecution.

CORNELIUS GEEEN . I was in a booth, in a fair at Barking, about 10 o'clock at night, on 23rd Oct. I had a handkerchief, a pair of gloves, and a tobacco-box in my great-coat pocket, on my right hand side—that pocket opens very much when I sit down—I lost them there, those are them—this handkerchief has no mark, but I can swear to it, and the gloves also—I had a box like this—I had not given these things to any one, nor did I speak to any one.

Cross-examined by MR. PARNELL. Q. Was this a dancing-booth? A. Yes; there were a great many people there—I do not think I was there more than 10 minutes or a quarter of an hour—I am an Inspector of nuisances—I did not go there to detect a nuisance—Mrs. Green was not of the party—I had nothing to drink there till after I found I had been robbed—I sat down to wait till the policeman came—I did not go more than three feet into the

booth—I did not see the prisoner at all till afterwards—she was brought to me—I did not feel anything at my pocket—they were dancing, but I did not go near them—I was waiting for a gentleman—I did not notice any one near me—I had been in the fair perhaps for an hour—a gentleman sent a horse and chaise for me, and said he would see me at the Ship—I went to the Ship, and had a glass of brandy-and-water; and I think I stayed three-quarters of an hour—I suppose these gloves are worth 6d.

DANIEL PARKER (policeman K, 181). I was on duty at the fair—I received information, and took the prisoner—she was in the same booth that Mr. Green was—I told her I wanted her to go to the station—she handed this handkerchief of Mr. Green's to me, and said, "Let me be going"—she was taken to the station, and the other things were found on her.

Cross-examined. Q. What time was this? A. About half-past 11 o'clock—I saw Mr. Green when I went—he was talking to the people at the bar—there were people there—Mr. Parsons, the landlord, was there—the prisoner was at the bar, drinking—I do not know with who; it was not with Barkley, the waiter—she had got Barkley's handkerchief too—I do not know whether the prisoner was dressed for dancing—I do not understand dancing—I had looked into the booth before, but I had not noticed her there—I knew her before—I had seen her many times—I never knew anything against her—I did not observe her to be laughing when I took her.

ANN ELPHICK . I am searcher, at the Barking station. On the night of the fair I searched the prisoner, about 12 o'clock—I found these gloves and this tobacco-box in her pocket.

Cross-examined. Q. Had she got two more handkerchiefs? A. Yes; one of them belonged to the waiter, and one to a young man named Banckham—I had never seen the prisoner—I was called out of bed.

(The prisoner's statement before the Magistrate was her$ read, as follows: "I never did anything like it before; I did not do it with an intention of keeping them, I was going to return them back; I hope you will not be too hard on me.")

NOT GUILTY .

Reference Number: t18511027-1949

1949. NAOMI CLARK was again indicted , for stealing 1 handkerchief, value 2s. 6d.; the goods of William Barkley, from his person.

MR. CHARNOCK conducted the Prosecution.

WILLIAM BARKLEY . I live at Barking, I went in that booth at the fair, about 7 o'clock that night—I had a silk handkerchief when I went in, and I had occasion to use it while there—I missed it about nine—I mentioned it to a party there—I have seen the prisoner in the town; she was not any acquaintance of mine—I had seen her in the booth, but had not spoken to her—this is my handkerchief—it is marked.

Cross-examined. Q. You had been waiter there? A. Yes; I had served the persons the prisoner was dancing with, with drink—I had taken my handkerchief out of my pocket, and put it in again—I might have left it half out of my pocket.

COURT. Q. Was the prisoner drinking? A. I should think she had been; I should think I served persons she was dancing with; she drank with them—I have known her for years—I never spoke to her—when I served them she was dancing with they were sitting in the booth.

ANN ELPHICK . I searched the prisoner, and found this handkerchief in her pocket.

NOT GUILTY .

Reference Number: t18511027-1950

1950. NAOMI CLARK was again indicted for stealing 1 handkerchief. value 2s. 6d.; the goods of Robert Banckham: from his person.

MR. CHARNOCK conducted the Prosecution.

ROBERT BANCKHAM . I live at Barking, and am a shipwright. I went into that booth, at Barking-fair, about 7 o'clock that night—I had a handkerchief in my pocket—I know I had it when I went in: I missed it between ten and eleven—I had not given it to anybody—I do not know the prisoner—she was not the least acquaintance of mine—I had not seen her before—I had not been dancing with her, nor given her my handkerchief—this is it—I had had it six months—I do not recollect seeing her in the booth.

Cross-examined by MR. PARNELL. Q. Do you mean you had not seen her before? A. No; I cannot recollect hearing the name of Naomi Clark—I have never spoken to her—I have a brother; I am positive he never knew her—I danced all the evening—I am positive I did not dance with her, nor opposite her—I do not recollect seeing her there—I was dancing the chief part of the time—I had two glasses of brandy and water, not six—I was not particularly jolly—I might have drank with my comrades there; not with my partners—I had no gin, beer, or wine—I had my handkerchief out—I do not recollect throwing it across the room—I did not lend it to my partner—I lost it between 10 and 11 o'clock—I went on dancing after that—I was not tipsy; I had had two glasses of brandy and water between me and the parties about me—I have lived at Barking thirteen years—I live at 1, Victoria-terrace, Fisher-street, at the lower part of the town—I do not know where the prisoner's father lives—I do not know him—I have not found since this where he lives—I have seen him once in the station.

DANIEL PARKER (policeman, K 181). I took the prisoner in the booth, and took her to the station.

ANN ELPHICK . I found this handkerchief on the prisoner.

(Louisa Clark, the prisoner's aunt, the wife of a fisherman at Barking, and Elizabeth Abbot, the wife of a fisherman at Barking, gave the prisoner a good character.)

GUILTY . Aged 22.—Recommended to mercy by the Jury.— Judgment Respited.

KENT CASES.Before Mr. Recorder.

Reference Number: t18511027-1951

1951. JOHN SHAYLER and GEORGE TAYLOR , stealing 1 pair of trowsers, value 16s.; the goods of James Francis.

MR. RYLAND conducted the Prosecution.

JOHN WHITE (policeman, R 180). On Thursday evening, 25th Sept., I was on duty in Church-street, Greenwich, between 5 and 6 o'clock, and saw the two prisoners together, in company with another boy—I had not known any of them before—for some reason, I watched them for about an hour—I then saw Shayler, and the boy not in custody, leave Taylor at the corner of a street, and go up to Mr. Francis's shop—the other boy took a pair of trowsers off a rail, outside the shop, and put them into Shayler's apron; he was wearing it, tied round him; this is it (produced)—Taylor was about forty or fifty yards off at the time—Shayler went direct towards him—the other boy ran away—I followed Shayler, and took him into custody—he threw the trowsers on the ground, and said, "Don't hold me so tight"—he was then within two or three yards of Taylor—Taylor had stood at the coiner all the time, looking out—I was in plain clothes—I picked up the trowsers, and produce them—Taylor was not taken at that time; he walked away.

Cross-examined by MR. PAYNE. Q. When the boy took the trowsers where was Shayler? A. Close to him; he held up his apron for the trowsers to go in, and as soon as he popped them in, he walked away—I was within twenty yards of him at the time, standing inside a shop-door—I have made inquiry about Shayler, and find he bears a Rood character.

Cross-examined by MR. O'BRIEN. Q. What street is Mr. Francis's shop in? A. Church-street.

JAMES FRANCIS . I keep a ready-made clothes shop, in Church-street, Greenwich. These trowsers are my property—I had seen them safe in the coarse of the day.

JAMES PARLEY (policeman, R 428). I took Taylor, in Church-street, and told him it was for stealing a pair of trowsers—he said he knew nothing of it.

SHAYLER— GUILTY. Aged 18.—Recommended to mercy by the Jury.Confined Three Months .

TAYLOR— NOT GUILTY .

Reference Number: t18511027-1952

1952. STEPHEN REEVES, JOHN SAXBY , and WILLIAM CHALKLING , stealing 4 trusses of hay, value 10s.; the goods of John Shove, the master of Reeves and Saxby. 2nd COUNT—charging Chalkling with receiving.

MR. CHARNOCK conducted the Prosecution.

JOSEPH GREEN (policeman, R 315). On Monday evening, 15th Sept., at a quarter to 9 o'clock, I was with Hunt, secreted in a yard, at the back of the Chequers public-house, at Eltham. I saw a wagon of Mr. Shove's, driven by Reeves, and drawn by two horses—Saxby was on the wagon—when they got into the yard, Reeves got down off the wagon, and went and stood by the horse's head—Saxby then threw down four trusses of clover-hay to Chalkling, and counted them as he threw them down—Chalkling was standing close to the wagon—Saxby said to him, "Will you have any more?"—he said, "No"—he then carried the four trusses into the coach-house—he is underostler in the yard—I then came out of my hiding-place, and asked Chalkling the reason why this clover was left in his place—he said, "I know nothing about it, for I am under-ostler"—I then took him with me up to Reeves, who was standing at the horse's head, and asked him the reason of his leaving this clover here—he said, "I know nothing about it;" and in an instant he said, "Oh, it is all right; I am going to receive 10s. for these four trusses of the clover, for I left five trusses here last Friday night"—I asked Chalkling whether he knew anything about the clover that was in the coach-house besides (pointing to a lump besides the four trusses)—he said, "No; I know nothing about them; for I am the under ostler"—I found twelve trusses in the coach-house, besides the four—I then took Reeves and Chalkling to the station—I afterwards searched the wagon, and found one truss of hay on the top of the load, which was not tied down with the ropes—the four trusses were also not tied.

Cross-examined by MR. CLARKSON. Q. You were before the Magistrate, of course? A. Yes; I was there at the arrival of the wagon: when I asked Reeves the reason why this clover was left here, he said, "I know nothing about it"—I am quite sure that was what first passed between us.

Cross-examined by MR. BALLANTINE. Q. I think I saw you at the police-court? A. You did, I believe; the Magistrate did not blame me for being extremely inaccurate; I did not hear him say so—I saw Saxby throw down the four trusses, one after the other—after he had thrown down the fourth, I heard him ask Chalkling if he would have any more—Chalkling said, "No"—I swear he said no—he said he did not want any more—it was afterwards that he said he knew nothing about it, for he was the under-ostler—he did not

make that answer at that time; it was at the time that I came out and asked him the question; it was not at the time Reeves asked him if he would have any more, for we were in our place of concealment at that time; it was an instant afterwards when I asked him why the clover was left here—(The witness's deposition being read stated: "Saxby, after he had thrown the fourth truss down, asked Chalkling if he would have any more—Chalkling replied that he knew nothing about it, for he was the under-ostler—I then came out from where I was concealed, and took Chalkling into custody—I asked him the reason the clover was left there—he replied that he knew nothing about it; that he was under-ostler")—there were some words said by the Magistrate about my mode of giving evidence, but I cannot say what it was—it was reprobating me—it was not before I came out from my place of concealment that Chalkling said he knew nothing about it, for he was the under-ostler—the Magistrate's clerk is here, and he can explain how it is that it is so in the deposition—there is a word or two left out in the deposition—at the time this was thrown down, we were in our concealing-place, and directly they were thrown down, he asked, "Will you have any more?"—he said, "No"—we then came out, and I asked Chalkling the reason the four trusses were left there; and he said, "I am the under-ostler; I know nothing about it"—he only made that answer once—my deposition was read over to me by the clerk—I added something to correct my former statement with reference to Reeves.

MR. CLARKSON. Q. Who is the upper ostler? A. I believe a son of Chalkling—he was before the Magistrate—he was set at liberty, und it was left to Mr. Shove to indict him or not, as he thought proper—I do not know whether the stables were in his possession or the landlord's—the landlord is since dead.

MR. CHARNOCE. A. Had you some reason for going there? A. I had—Mr. Ballantine cross-examined me before the Magistrate—he did not puzzle me a good deal; I put him down pretty comfortably—I am sure Chalkling used the word "no" when asked if he would have any more.

GEORGE HUNT . On 15th Sept., I was with Green, in the yard of the Chequers, Eltham, in a garden adjoining the road—the prisoners could not very easily see us then—it was a quarter to 9 o'clock in the evening, and was dark—I saw the prosecutor's wagon drive in—Reeves was driving it, and Saxby, who was on it, threw down three trusses of hay to Reeves and Chalkling—it was taken into the coach-house by one of the two; I cannot say which—there was another man at the horse's head—when I came out Green said something, which I did not understand—Chalkling said he knew nothing about it; he was the under-ostler—I did not hear him say anything to Reeves—I got on the wagon, and saw one truss loose—I took Saxby into custody—Reeves said he left five trusses there on the Friday night.

Cross-examined. Q. As it was dark, you think they did not see you and your companion in the garden? A. Yes; the man at the horse's head was the fourth man—I always considered young Chalkling was the ostler there; the elder Chalkling used to be—I have known them for years—I beard Reeves say he was going to receive 10s. for the four trusses—I do not know whether that is a fair price—the trusses were bound up in the regular way, with the bands round them, but they were not under the heading.

JOHN SHOVE . I am a corn dealer, of Lewisham. On 15th Sept. Reeves was in my wagon, as carman—Saxby was only an occasional labourer for me—when I had work I employed him as a haybinder—I was very seriously ill at this time, and know very little about who was working for me—I did not

send Reeves out that day to take any hay—I had purchased some hay of Mr. May, of Paul's Cray, and was taken ill next day, and for the whole of Sept. I know very little about my business, which was conducted by my wife and brother—neither of the prisoners had authority to leave any hay at the Chequers—Reeves has not paid me any money for any hay that he sold at the Chequers before.

Cross-examined. Q. Has he paid you for anything he has sold before, but not at the Chequers? A. believe there was one person, a year or two ago, asked if I would permit the man to leave him a truss of hay or clover when he was passing, and I gave him permission; I believe that was the only occasion—I do not know that he has accounted both to me and my wife, except when he has been sent expressly with goods—my wife is not here—he has never sold for me without my instructions—my wife was in attendance during the whole of my illness—I have had the misfortune to be ill more than once, and then my wife or some other member of my family acts for me—Reeves had not been sent to the stack to cut trusses while I was ill; Saxby had—it was Reeves's duty to go for it—he has been three years in my service, and I do not know how long in my brother's.

Saxby. It was usual for me to ride home on the cart. Witness. You frequently returned in that way when you hound hay in that part of the country—the Chequers would be on your way home—(The prisoner's statements before the Magistrate were here read as follows. Reeves says: "I was going to Eltham. I met Mr. William Chalkling, and asked him if the hay-binders had gone down to bind. He said, 'Yes,' and be wanted four trusses, and asked the price. I went to Mr. May, and got a load, and put four on top of the load, and another truss on top, a green truss. I drove into the Chequer's yard, and told Saxby to throw down four, which he did, and I took it into the stable myself."—Chalkling says: "I have nothing to say beyond that I bought them fairly for 10s. "

MR. CLARKSON to JOHN SHOVE. Q. What was the retail price of four trusses of hay at that time? A. Ten shillings—my wife and brother managed the business for nearly a month while I was ill; I signed my name to blank checks, which they made use of.

Reeves. Q. Did I ever unload a barge at the wharf? A. Yes; I do not know of your selling Mr. Hart five trusses of clover; you may have sold him some coals—I have a right of landing coals at his wharf, and have allowed you to deliver coals to him when he requires them—I have allowed you to take screenings of coals to persons, leaving the ticket blank, because I did not know what quantity was wanted.

Saxby's Defence. All I had to do was to bind the hay, and as I was riding on the wagon he asked me to throw the four trusses down, to save him the trouble of getting up.

MR. BALLANTINE called.

JOHN ADOLPHDS GEORGE BOUSTEAD . I have been clerk to the Magistrates of Greenwich five years: before that I was clerk at Bow-street some years; having originally been clerk at Worship-street—I know the way to take down a deposition—I took down the deposition of Joseph Green—I have heard it read in Court to-day—it was correctly taken down and read over to him, then Hunt was called, and when he had finished Green stepped forward, and said he had something to add, and he added that which is attached to the depositions—the whole was again read over, he suggested no alteration—he certainly did not state that when Saxby bad thrown down, he four trusses he asked Chalkling if he would have any more, and that Chalkling replied, "No."

Cross-examined by MR. CHARNOCK. Q. I suppose these depositions were taken down somewhat hurriedly? A. No; I take down every word that is evidence—if he stated what he has to-day it would have appeared; I pledge my oath to that, because it is material—he began his evidence and went straight through, being an old officer—he is a respectable officer, but is occasionally a little nervous and timid in giving his evidence—he said twice that Chalkling said he was under-ostler, and I put it down twice—I have not the book here—I did not take the notes on the first examination, but the whole of this was taken from the last examination—the evidence of Hunt and Green was taken on the first examination—it is in the book.

MR. BALLANTINE. Q. Did you hear Green examined on the last occasion? A. Yes, I can pledge myself he said all that is put down, in the way it is put down—if he had said, "No" in the way he said it to-day it would have been put down—at the latter part of his evidence he was told to be more careful. (Chalkling and Beeves received good characters.)

CHALKLING— GUILTY . Aged 53.,

REEVES GUILTY . Aged 35.

Confined Four Months each.

SAXBY— NOT GUILTY .

Before Mr. Common Serjeant.

Reference Number: t18511027-1953

1953. JOHN BURKE , stealing 1 portmanteau, 4 forks, and other articles, value 30l. 10s.; also, 1 portmanteau, 1 coat, and other articles, 6l. 13s.; also, 1 portmanteau, 1 pair of trowsers, and other articles, 2l. 9s. 6d.; the goods of the Eastern Counties Railway Company: to all of which he pleaded

GUILTY . Aged 53.— Confined Twelve Months.

Reference Number: t18511027-1954

1954. HENRY EVERETT , stealing 5 spoons, 2 coats, and other articles, value 34l. 6s.; the goods of John Bertie Cator, in the dwelling-house of William Sloman: having been before convicted: to which he pleaded

GUILTY . * Aged 24.— Transported for Seven Years.

Reference Number: t18511027-1955

1955. JOHN BARTHOLOMEW , stealing 151/2 lbs. weight of tobacco, value 24s.; the goods of our Lady the Queen.

MESSRS. BALLANTINE and METCALFE conducted the Prosecution.

JOSEPH HULL (Thames police-inspector). On 24th Sept., about 11 o'clock in the morning, I was on duty in the police-galley, off Woolwich—the ship Sophia was lying alongside the Dock-yard—I saw the prisoner getting over the side of the ship, into a barge—he had one leg over the side, and I saw two lumps of tobacco under his arm—I was about ten or twelve yards from the vessel—my men rowed towards the ship, and when the prisoner saw us he took his leg off the gunwale, and ran back into the forecastle—he belonged to the barge which was alongside—I sent Young and Atherway down into the forecastle—Atherway brought up some tobacco—I then went down, and found the prisoner there—I asked him where he had got the tobacco from, and he said one of the seamen gave it him—the Sophia had just returned from the Expedition in search of Sir John Franklin, and this tobacco was part of the stores, which the prisoner had been employed to take to Deptford Victualling-yard—I asked the prisoner who the sailor was, who had given it to him—he said he could not tell—I afterwards saw a box of tobacco in the hold, the lid of which had been broken, and a portion taken out—I took the prisoner into custody.

Cross-examined by MR. RIBTON. Q. Was he carrying the tobacco under his arm? A. Yes; there was only one seaman on board.

CHARLES YOUNG (Thames policeman, 82). I was on duty with inspector Hull, and saw the prisoner, with one leg over the side of the Sophia, getting into a barge alongside—he had a quantity of tobacco under his arm, and when he saw us he dropped it into a bucket on the deck, and took the bucket with him down to the forecastle—before he went, he took up another bucket, and pretended to be drawing some water into it, but he left that one on deck—we were about twelve yards from the side of the vessel at the time; he could see us coming—I went on board, went into the forecastle, and saw the prisoner sitting on one of the seamen's chests—there was also one seaman, named Gordon—there were other sailors, but not on that part of the ship—I asked the prisoner for the tobacco I had seen under his arm while on deck—he said he had not had any—I asked him where his chest was, thinking him to be a seaman of the ship—he said he had no chest; he belonged to the barge alongside—I asked him to get off the chest he was sitting on—he did so, and in a bed-berth immediately behind him I found these two pieces of tobacco (produced)—they weigh rather more than 13lbs.—I told him that was the tobacco I had seen under his arm while on deck—he said nothing to that—Gordon said he had seen him fetch it down in a bucket, and throw it into the bed-berth—the prisoner said nothing to that—I saw Atherway search the prisoner, and saw him find this small bundle of tobacco between his shirt and skin—he said one of the seamen had given it him—about three yards from where he was sitting there was a box of tobacco, covered over with a loose cloth—a piece of canvas had been nailed over it, and that was cut—the tobacco there was Cavendish, the same kind as this.

JOSEPH ATHERWAY (Thames policeman, 24). I have heard the statement of the two last witnesses—it is correct—the Shipey Government barge was alongside, she was taking in the returned stores of the Sophia—the prisoner has belonged to that barge nine years—the captain of the barge was on the Sophia, and there were two men and a lad on the barge.

JOHN GORDON . I was a seaman of the Sophia. We arrived at Woolwich, from the North Seas, on 22nd Sept.—on the 24th, about 11 o'clock, I was. lashing up my clothes in the forecastle, and the prisoner came down in a great hurry, with a bucket in his hand, with some tobacco in it—he sat down close to me for about a minute, and then took the tobacco out of the bucket, and hove it into one of the berths—about two minutes after the police came and found it.

Cross-examined. Q. Were you the only sailor on board? A. The only one below; there were others on deck—the prisoner had been down below before, that morning—he boiled some coffee on the barge, and brought it on board for the Customs'-officer.

JAMES HOLMES . When the Sophia came to the Dock-yard I was employed as a leading hand to the riggers. On 24th Sept. I was removing the stores that had come back to the barge alongside, in order that they might go to the Deptford Victualling-yard—the prisoner was one of the barge crew—he had no right to remove any of the stores out of the boxes, but only to receive them into the barge—I am not aware that he had any right on board the vessel—about half-past 9 o'clock that morning I found a box, containing about 40lbs. or 50lbs. of tobacco of this kind—it had been broken open, to serve out the tobacco—I called the attention of the Customs'-officer to it, and had a sack nailed over it—that was finished about half-past 10—about a quarter of an hour after that I heard a row on deck, and found the prisoner in custody—I then looked at the sacking, and found a small hole in it, which had not been there a quarter of an hour before—it was a very small hole for

a large piece like this to have come oat of—I missed about 8lbs. or 9lbs. from the box, but I had not weighed it—I only judge from appearances, but I am able to say that some had been taken.

JURY. Q. Was it large enough for this large piece to have come out at? A. I think not.

PHILIP FRANCIS DUMBANE . I am master of the Fisgard, which is the guard-ship at Woolwich. I employed Holmes in the Sophia—the prisoner was one of the barge-crew, and it was his duty to bring all the property there to the arsenal at Deptford—this tobacco is part of the Government stores, and worth about 24s.

NOT GUILTY .

Reference Number: t18511027-1956

1956. JOHN WILLIAMS , stealing 1 watch, value 6l.; the goods of Charles Thomas Clinton, from his person; having been before convicted: to which he pleaded

GUILTY . ** Aged 21.— Transported for Seven Years.

Reference Number: t18511027-1957

1957. THOMAS GLOVER was indicted for bigamy.

CHARLES FAWKES . I am a filesmith, and live at Sheffield. I was present in 1831 at Rotherham Church, Yorkshire, when the prisoner was married to Sarah Haynes—I saw her last night—I think the marriage was in the month of April.

Cross-examined by MR. PARRY. Q. When you saw the prisoner at the police-court, had you not some difficulty in recollecting him? A. No; I knew him at once—I had not seen him for fifteen years—I do not know that he has been abroad—I know he has been in Ireland—he was a soldier, and was so when be married—I believe he has a pension—I do not know that he and his wife parted in 1833, and that she has been living with one or two other women since—I am his wife's uncle—I do not know bow long they lived together—I saw her last night, and I saw her eighteen months ago, previous to that I had lost sight of her for perhaps ten or twelve years.

JAMES HAMS (policeman). I produce a copy of a marriage certificate, which I got from the parish Church at Rotherham—I compared it with the register myself—it is correct (produced).

ELIZA WASTE . I live at Pearson-street, Kingsland-road. Last August five years I was married to the prisoner at Charlton Church, Kent—I got this certificate at the time (produced)—I have lived with him ever since-some female came, and said she was his wife, but she did not wish to lire with him, if he would allow her a maintenance—the prisoner had a sovereign from me, and gave it to her, and an agreement was drawn up between them next morning, but I forget what it was.

Cross-examined. Q. When was this? A. I think it was on the 12th March—it was in 1846 that I married him; he was with his regiment then I know he asked leave of his commanding-officer to be married—I do not know that he stated he had heard his first wife was dead—I was not with him—I know he made a declaration before a Magistrate, stating his belief as to the death of his wife—he was in a regiment which was at Charlton when we were married—I had a brother in the same regiment, and that is how I became acquainted with him—I afterwards went with him and his regiment to Leeds—he has now been discharged, on account of long service, and has got a pension of Is. a day.

MR. PARRY called

WILLIAM AINSWORTH . I am now stable-foreman, in the service of the Regent's-canal Company. In 1821 I joined the regiment to which the prisoner belonged, and remained in it till 1847—the prisoner joined in 1882, and remained till 1847—I knew him during the whole of that period, and

was on intimate terms with him—I never knew of his receiving any communication from his first wife during that period—I saw him every day—I knew he had been married—he had a situation prior to this charge, but has lost it in consequence—he has a good certificate to show for his good service.

NOT GUILTY .

Reference Number: t18511027-1958

1958. WILLIAM WILLCOX and THOMAS WILSON , stealing 1 handkerchief, value 4s.; the goods of Howe Curtis Beaven, from his person: to which WILLCOX pleaded

GUILTY . ** Aged 15.— Transported for Seven Years,

HOWE CURTIS BEAVEN . I live at 3, Mordan-place, Lewisham-road. On Sunday evening, 28th Sept., I was in King-street, Greenwich—I bad a handkerchief in my coat-pocket, and missed it at the corner of Nelson-street—I had had it two minutes before—this is it (produced).

JOHN WHITE (policeman, R 180). On 28th Sept., between 6 and 7 o'clock in the evening, I was on duty with Crouch in King-street, Greenwich, and saw both the prisoners in company—I knew them before—I saw them follow several gentlemen, and Willcox attempted to pick their pockets—I saw them go behind a gentleman, who I believe to be Mr. Beaven, and leave him suddenly—I followed them, and took Wilson into custody—he said he had picked no pocket, and did not intend to do so.

JAMES WILLIAM CROUCH (policeman, R 118). I was with White, and saw the prisoners together in Nelson-street—I saw them go behind three gentlemen, and attempt to pick their pockets—I saw them go into Stockwell street, and there Willcox attempted to pick a gentleman's pocket—I watched them for three-quarters of an hour,, and then saw them go behind a gentle man, whom I believe to be the prosecutor, and leave him all of a sudden—they then separated, one going down King-street, and the other down Nelson-street, through the market—both streets lead in one direction, and the prisoners live together—I went after Willcox, caught him in Church-street, and told him I wanted him—he said, "What for?" I said, "For picking pockets"—he immediately put his hand into his right trowsers pocket; I caught hold of it, and pulled out the handkerchief that has been produced—I took him to the station, and he there said he bought the handkerchief in Petticoat-lane.

Wilson's Defence, I was not with Willcox, and I do not live in the same house.

GUILTY . **

Wilson was further charged with having been before convicted, to which he pleaded GUILTY. Aged 16.— Transported for Seven Years.

Before Mr. Recorder.

Reference Number: t18511027-1959

1959. WILLIAM JAMES , embezzling 17s. 5d.; the moneys of Joseph Wilson his master: to which he pleaded

GUILTY . Aged 20.— Confined Six Months.

Reference Number: t18511027-1960

1960. JAMES FROST , stealing one sovereign; the money of Richard Hall.

MR. PAYNE conducted the Prosecution,

RICHARD HALL . I live at Paragon-mews, Blackheath; I am a horse-dipper. On Friday, 19th Sept., I was at the George public-house, at Black-heath; I saw the prisoner and two others outside the door—the prisoner asked me to go and procure a pot of beer for him, for the landlady said the would not serve such a set as them—he was not drunk—I said, "I am going to have a pint of porter, if you like to come and partake of part of it you

may"—he said, "We want to meet with a friend, for we are hard-up, it is the fag-end of a spree "—I understood he had no money—I said, "Come to the Green Man"—we went, and I treated him with some beer—it was about five o'clock when we left the George—we staid at the Green Man about an hour—I never laid any wager there, but there was an argument with the ostler and me about clipping a horse—I pulled out a sovereign, and said, "I will back myself to clip a horse with any man"—I put down the sovereign on the table, and the prisoner snatched it up—I cannot tell what he did with it—I asked him several times to give me my money, and said he had no business with it—he said, "It is all right," but I did not fancy it was all right—I saw him take the sovereign up, but I did not see where he put it—there were other persons about the table—I went out for a policeman, but I came back without one—when I came back the prisoner was in the passage, but he passed me and ran—I ran and overtook him; we had a scuffle, and he knocked me down in the road, and ran away—I saw him afterwards outside the Coach and Horses, at Greenwich market-place—I gave him into custody—that was nearly half an hour after he knocked me down and ran away—I have not got my sovereign.

Cross-examined by MR. O'BRIEN. Q. Did you know any of the parties that you met first at the public-house? A. No; there were some women—I am not certain whether I did not treat the women to a quartern of gin—I had drank very little before I met them—I had not been drinking gin and water—I saw the women first at the George public-house—I then took the prisoner to the Green Man—the women followed, and I treated them with gin—I think there was a quartern of gin—there were two men and two women, and myself—I had not seen them before—I treated the prisoner and them with beer—the women did not remain till this occurred about the sovereign—the prisoner did not look to roe as if he had been drinking—I cannot tell exactly what we had at the Green Man—I should think four pots of beer—I did not see that the prisoner had then more appearance of having been drinking—I did not see any change at all in him—there were some persons there when I offered to back myself—I was ready to back myself against any one—I made that proposition—I should think I remained there very nearly half an hour after I pulled out the sovereign—I have not a very accurate recollection of how the time passed, I should not think it was an hour—I did not drink any beer after I pulled out the sovereign—during that half-hour I was trying to get a policeman; I was at the door and about the door—I should think it was about 8 o'clock when the prisoner finally left—I had met him between four and five—I should say there were four or five men sitting round when I put down the money, beside the prisoner and his friend—he had only one friend with him when he took my sovereign.

CHARLES OVERALL . I am a coachman, and live at Blackheath-hill. On 19th Sept. I was at the Green Dragon tap, about 7 o'clock in the evening—I saw the prisoner, and the women, and Hall, all drinking together—Hall proposed that he would clip a horse against any man for a sovereign—he pulled out a sovereign, and put it on the table—the prisoner sat close along-side of him, and he picked it up and put it into his mouth, and as soon as be had got an opportunity he and his man who was with him, made off with it—I heard Hall ask him for it several times, and he said, "It is all right"—Hall—went out after them—I remember Hall going for a policeman before the prisoner started—Hall went outside the door, he did not leave the house—I did not see the prisoner after he and the other man left—I afterwards went with Hall in search of the prisoner, and found him at the Coach and Horses.

Cross-examined. Q. How many were there at the Green Man? A. Two women, the prisoner, and another man with Hall—I did not take any of the beer, or join the party at all—there were no others sitting at that table—there were others in the room; men that work at the Green Man—Hall betted with the whole of the stablemen and others that were about—when Hall was leaving the room he said this man had got his money, and if he did not give it him up he would fetch a policeman—I should think it was half an hour after the sovereign was produced before the prisoner went away—during that time Hall was asking several times for the sovereign, and he then vent out—I did not say a word in the room—I remained till after the prisoner and his friend went away—Hall was in and out; he never left the place—he went to the door to call the policeman; he did not leave the door at all?

MR. PAYNE. Q. Could the prisoner have gone away, while Hall was looking for a policeman, without his seeing him? A. No.

MARTHA MARUSS . My husband keeps the Coach and Horses, at Green-wich. On the evening of 19th Sept. the prisoner came there, about half-past 8 o'clock—he called for a quartern of port wine, and gave me a sovereign—I gave him 19s. 6d. change—he was not in the habit of having port wine at our house.

JOSEPH WILLIAMS (policeman, R 365). I received charge of the prisoner from Hall, on 19th Sept., at Greenwich, for stealing a sovereign—the prisoner said he had not got a sovereign—I took him to the station, and found on him four half-crowns, two shillings, and four duplicates.

(The prisoner received a good character.)

NOT GUILTY .

Before Russell Gurney, Esq.

Reference Number: t18511027-1961

1961. ANN LAWRENSON , unlawfully assaulting William Lawrenson, with intent to kill and murder him.—2nd COUNT, common assault.

MR. BOOOTHBY conducted the Prosecution.

THOMAS FAIRCHILD . I live in Back-road, St. George's-in-the-East. On 3rd Oct., in consequence of something that was said to me, I watched the prisoner—I saw her leave Mrs. Boyce's house at half-past 6 o'clock that sight, with a child in her arms—I followed her to Florence-road, Deptford—it was between 9 and 10 at night—she went out of the main road, and turned into Florence-road, and into a lane—she went about forty yards, and put the child down, and ran away immediately—I went to the place, and found the child on some bricks, close by the dungheap—it was an unfrequented place, and there was no light there—I saw a policeman—I took the child up—it was lying on its back, wrapped in this article, which I believe is part of a cloak—the policeman took the child—I went with him to the station—next morning I accompanied him, when he apprehended the prisoner in her mother's house, I think about a mile from where the child was found I pointed her out to the constable—he asked her if she knew anything about dropping a child last night in the Deptford-road—she said, "Yes," she had done it because she was unable to keep it, and she was sorry for what was done—she thought the child would not remain there long before it was picked up.

MARY ROSEDEN . I am the wife of George Roseden, a seaman—I live in New Catharine-street, Commercial-road—the prisoner was confined with a boy. at my house, in March last—she remained with me seven weeks after her confinement—at that time I had a person named Boyce lodging in my house—when the prisoner left, Mrs. Boyce had the child to nurse for a fort-night,

and after that the prisoner gave it to Mrs. Marsh—when the prisoner was in my house she was very unkind to the child—I heard her say on one occasion she wished to kill it, she wished she could poison it, and she would poison it if she thought she should not be found out—she called at my house on 26th Sept., and said she was going to take the child home—I said, "Are you going to take it home?"—she said, "No, not home, I am going to take it into the country"—I said, "Are you going to take it to Deptford?"—she said, "No, I am going to take it seven miles beyond there," and she said she had a friend that would take it for 2s. a week less than Mrs. Marsh took it for—(the child was then lodging with Mrs. Marsh)—she said she was a very intimate friend of theirs, and as she had no children of her own she might possibly adopt it, and then it would be quite off her hands—I said probably the child's clothes might not be ready—she said it did not matter, as the person it was going to might probably let it wear her child's clothes—I said, "Then she is a friend indeed"—I said, "Is the person going to meet you?"—she said, "No," and then she said, "Yes, yes"—she said she had to pay Mrs. Marsh 2s. and 1s. for medicine that night, I said if the child bad not had the medicine it would have died—she said, "And a good job too"—on the following Friday, 3rd Oct., the prisoner called at my house—Mrs. Boyce went for Mrs. Marsh, and she came and brought the child—the prisoner took it at a little after 7 o'clock—Mrs. Boyce gave directions to Fairchild to follow the prisoner—the child was registered at my house, in its mother's presence—the name given to it was William Lawrenson.

Prisoner. I deny many things that she says.

AMELIA MARSH . I live at 10, James-street, Commercial-road East—I had the prisoner's baby to nurse up to 3rd Oct.—when the prisoner took the child I said I had brought the baby's clothes, but there were two or three more I had at home; I would bring them in a day or two—she said she did not think she should take the clothes that night, as she did not know how she should manage with the baby and the clothes—she did not say where she was taking the child.

JOHN HOLMAN (policeman, R 247). I was on duty in the Broadway, Deptford, on 3rd Oct., between 9 and 10 o'clock at night—Fairchild came to me, and I went with him to a lane, and took charge of a child—it was wrapped in this cloak—it was in a very bye-road, in the parish of St. Paul, Deptford—on the following morning I apprehended the prisoner at her mother's house—I made a charge against her of deserting her child—she said she was very sorry; she was unable to keep it, and she left it there with the hopes that somebody would pick it up—I took the child to the Union Work-house—it is here now.

MARY ROSEDEN re-examined. This is William Lawrenson.

Prisoner's Defence. They would not take my child at the Union without having me there too, but as I could work I would not go; I put it out to nurse, but could not keep the payments up, 2s. a week; I took the child, and left it on a grass-plait, hoping that the officer on duty would find it, and take it to the Union; it was not from any dislike to it; I was willing to pay, but my work was slack; I did not say I wished it dead, and would not mind poisoning it.

GUILTY on 2nd Count, Aged 29.— Confined Six Months .

SURREY CASES.

Before Mr. Common Serjeant.

Reference Number: t18511027-1962

1962. FREDERICK COLE and CORNELIUS SHEEHAN , unlawfully uttering a counterfeit shilling, having others in their possession: to which SHEEHAN pleaded

GUILTY . Aged 20.— Confined Six Months.

MESSRS. SCRIVEN and CLERK conducted the Prosecution.

ADELIA JONES . On 1st Oct. the prisoners came to the bar of the Russell Hotel, and asked for a pint of half and half—Cole gave me a shilling for it—I put it in the detector—it bent, and I gave it to my father.

WILLIAM JONES . I am last witness's father. On 1st Oct. I saw the prisoners at my bar—my daughter brought me a bad shilling—I told them it was bad, and asked them for a good one—they said they had not got one—Cole then said he was a hardworking man, and wished me to give him back the shilling—I would not, but sent for a constable and gave them into custody and gave him the shilling—the prisoners were searched in my house—Sheehan struggled very much, and I saw two other pieces of bad money fall from his mouth—three others were afterwards taken from him.

HENRY COOMBER (policeman, P 302). I took the prisoner on 1st Oct. Another constable said Sheehan bad some more in his mouth—I caught him round the throat, and took three pieces from his mouth—I received (his one from Mr. Jones (all produced)—I found is 3s. 4 1/2 d. good money on Sheehan, but none on Cole.

JAMES PLUMB (policeman, P 89). I produce the two shillings which fell from Sheehan's mouth.

WILLIAM WEBSTER . These six shillings are all counterfeit, and all from the same mould.

COLE— GUILTY . Aged 25.— Confined Six Months.

Reference Number: t18511027-1963

1963. JONATHAN WILD , unlawfully uttering counterfeit coin.

MESSRS. SCRIVEN and CLERK conducted the Prosecution.

MARY ANN MEAD . I am barmaid at the Bridge-house beer-shop, Old Kent-road. On 6th Sept., about half-past 8 o'clock in the evening, the prisoner came and asked for a glass of gin—I told him we did not sell it, and he then said a glass of ale—I served him with it, and he threw down a half-crown—I tried it, bent it, and told him it was bad—he said he had just taken it of an omnibus conductor—he did not pay for the ale, but left without drinking it—I gave the half-crown to Pocock.

WILLIAM POCOCK . I am waster at the Briidge-house beer-shop. I remember the prisoner coming on 8th Sept, and saw him give the half-crown to Mead—she gave it to me—I said to the prisoner, "This is a regular duffer"—he said, "I was not aware of it; an omnibus conductor gave it me, a cousin of mine"—he wanted me to give it him back, but I would not; I gave it to Juniper—the prisoner left—I followed him, and saw him go to Mr. Simons's.

THOMAS JUNIPER . I was in the beer-shop, and received the half-crown from Pocock—I melted it in the fire into two or three pieces, which I gave to the constable.

JOHN HENRY SIMONS . I am assistant to Mr. Laydon, chemist, of the Old Kent-road. On 8th Sept the prisoner came for some salts, which came to 1 1/2 d.—he gave me a bad shilling in payment—I bent it, told him it was bad, and asked if he had any more—he said he was not aware it was bad—I gave

him into custody—I have examined two pieces of metal which were me by a constable; they are not silver.

JOHN THOROGOOD (policeman, P 180). I received the prisoner in custody at Mr. Simons's shop, and received this shilling from him, and these two pieces I received from a constable of the M division, to whom I had seen Juniper give them (produced).

WILLIAM WEBSTER . This shilling is counterfeit, and these are pieces of the same metal.

Prisoner's Defence. I had the money in change for a half-sovereign; I was drunk.

JOHN THOROGOOD re-examined. I found no other money on him—he pretended to be drunk, but I do not think he was.

GUILTY . Aged 19.— Confined Six Months.

Reference Number: t18511027-1964

1964. THOMAS CHIDLOW , unlawfully uttering counterfeit coin.

MESSRS. SCRIVEN and CLERK conducted the Prosecution.

JAMES NOBLE . I am conductor of one of Wilson's Favorite omnibuses. On 9th Sept., about 11 o'clock at night, the prisoner was a passenger by my omnibus—he got on at Islington and rode to the Eagle in the City-road, about three-quarters of a mile—the fare was 4d., and he gave me a bad half-crown—I asked him if he had any more, and he gave me a good one—I told him I should not give him the change till I saw a policeman, and I kept the bad one also—he rode on the steps to the Artillery-ground gate, about a quarter of a mile, where I saw Allen, and I gave him the bad half-crown—he was searched, but no more found on him—I asked him for his address, and he said he could be found at Mr. Bowen's, 23, Cullum-street, Fenchurch-street—I asked him if his name was Bowen—he said no, but he could be beard of there, and his name was Chidlow—I gave him the change out of the good half-crown, and Allen took the bad one—the prisoner was then allowed to go.

Cross-examined by MR. BALLANTINE. Q. Have you been to Cullum-street? A. Yes; I went to see if there was such a number in the street, and saw the name of Bowen on the door.

GEORGE ALLEN (policeman, G 46). On 9th Sept. I was on duty in the City-road, and about 5 minutes to 11 o'clock saw Noble and the prisoner-Noble said he had given him a bad half-crown—I asked Noble whether he would charge him, but he would not as he could not leave his omnibus—I took the bad half-crown and marked it—this is it (produced)—I have had it ever since.

SAMUEL WILLIAM FENN . I am conductor of one of the Atlas omnibuses. On 13th Sept. the prisoner was a passenger by my omnibus—he got up it the Bricklayers' Arms at 5 or six minutes to 10 o'clock at night, and rode for about three minutes, a quarter or half a mile—the fare was 4d., and he gave me a counterfeit half-crown in payment—I said, "Halloo! what have you got here?" and told him it was a bad one—he said he was not aware of it—I left my omnibus, and walked with the prisoner to the Elephant and Castle, where I showed the half-crown to the time-keeper, who asked him for his address and he refused to give it—I gave the prisoner into custody to Hyde, and gave him the half-crown.

JOHN HYDE (policeman, A 484). On 13th Sept. I was on duty at the Elephant and Castle, and was called by the time-keeper, who gave me this half-crown (produced)—Fenn asked the prisoner for his name and address, and he refused to give it—I searched the prisoner, and found on him a good half-crown and the paper which is attached to the depositions; I marked it at the time—when I took it out of his pocket the inspector took it up and

began reading it—the prisoner then said, "That belongs to me in my trade as a gasfitter; it is no use to you"—(this paper was read, at follows;—"Jmson's 2nd Chemistery, 2 vols caled Elements of Arts"—"Clean the metal with gasfitters' dipping asid emerce the metal and wash of quick"—"To silver, moisten in common salt and water then rub or brush a little silver on with cream of tarter and finely finish with do. and water and dry it of for use"—"Disolve the silver in a cup with the best nitric acid adding a little heat"—"Precipitate the silver by throwing it in salt and water—chang the water so long as it tasts asid say 4 times"—"One oz of syanide of potass in one pint of destiled or rain water then add £ oz of lunar custic to keep up the strength add 60 drops of sulph. asid and fasten to the pole of the Battery some old silver.")

WILLIAM WEBSTER . These half-crowns are both counterfeit, and differ from those usually produced in Court, inasmuch as these are struck from diet, and then plated—the second process mentioned in the paper just read would electro-plate them, which is the modern process—the first is the old process of colouring them.

Cross-examined. Q. Which do you call the electro-plating process? A. That commencing "1 oz. syanide potass;" that is for giving a colour to copper or brass, but not to white metal—these are made of brass—I do not know what this one means, "clean the metal," &c—this, "to silver, moisten in common salt," &c, is merely to cleanse either brass or copper—that would be used in any business where they have copper or brass.

MR. CLERK. Q. To what does this apply, "add 60 drops of silphuric acid, and fasten to the pole of the battery?" A. To electro-plating—I have no doubt that that is the way in which these half-crowns have been treated—there is no other way to do it. MR. BALLANTINE called

JOHN M'GAPER . I am a gunmaker, of Goodman's fields—I have known the prisoner fifteen years—he is a gas-fitter, and has a shop in Lambeth—he worked in the same employment with me seven years, and I know him privately besides—he has always borne a respectable character, and has wife and family.

Cross-examined by MR. SCRIVEN. Q. Where does he live? A. With his brother, I believe, in Cullum-street—I have been in almost daily communication with him for seven or eight years.

JOSEPH BUSH . I am a saw-maker, of 1, Somerset-street, Aldgate—I have known the prisoner eleven years—he has always been a very upright, honest young man.

Cross-examined by MR. CLERK. Q. Who is he now working for? A. He had a shop of his own a few weeks ago, in Walworth; till within the last five weeks, I believe—I have never been there—he has told me he employed one man—I have no means of knowing what he has been doing during the last three months.

MR. BALLANTINE. Q. Has he given up this shop since this charge was made against him? A. A little before that.

JOB KEEN . I am gunmaker to the Honourable East India Company and the Board of Ordnance. I have known the prisoner ten years—he was in my employ eight years—he has borne an excellent character.

Cross-examined by MR. SCRIVEN. Q. When did he leave you? A. Last May twelve months—I have seen him occasionally since.

JOSEPH HARDING . I am a builder, at Kennington-cross. I have known the prisoner twelve months—he has done gas-fitting and smiths, work, for me—I

always found him honest—he took a furnishing ironmonger's shop of me, which he gave up six or seven weeks ago.

RICHARD TAYLOR . I am a coal-merchant at Vauxhall—I have known the prisoner thirteen months—he has plated and re-silvered candlesticks for me—I always found him honest.

Cross-examined by MR. CLERK. Q. When did he leave his business? A. Five or six weeks ago.

Two other Witnesses deposed to the prisoner's good character.

GUILTY.—Recommended to mercy by the Jury,Confined Six Month .

Reference Number: t18511027-1965

1965. ANN SMITH , stealing 15s., 1 pair of vases, and 1 basket, value 6s.; the property of Amos Cave: also, stealing 15s. 1d., 5lbs. pork, and 2lbs. butter, value 3s.; the property of Frederick Pearce: to both of which she pleaded

GUILTY .—She received a good character.— Confined Three Month

Before Mr. Justice Cresswell

Reference Number: t18511027-1966

1966. THOMAS COX , feloniously putting a large piece of wood on a railway, with intent to overthrow an engine tender and carriage, and to endanger the safety of persons thereon: to which he pleaded

GUILTY .—Aged 13. (He received a good character.)— Confined One Month.

Before Mr. Common Serjeant

Reference Number: t18511027-1967

1967. FREDERICK FISHER , unlawfully uttering counterfeit coin: to which he pleaded

GUILTY . Aged 23.— Confined Six Months.

Before Mr. Recorder.

Reference Number: t18511027-1968

1968. INNES SCOTT was indicted for bigamy.

MR. CHARNOCK conducted the Prosecution.

JAMES WILLIAM BURRIDGE (policeman, V 160). I produce two certificates of marriages—I have examined them by the register-books, and they are correct copies—I have known the prisoner's first wife for seven years—I saw her alive on 17th Oct., in Cornwall-road, Hammersmith. (The certificate were here read.)

ELIZABETH STALKER . I am a widow, and live at Hammersmith. I was present in Clapham Church on 31st Dec, 1845, at the marriage of my daughter Caroline with the prisoner—this certificate refers to my daughter's marriage—she is now living, and has been living with me the last three years—she is twenty-eight years of age.

Cross-examined by MR. PARRY. Q. When she was married, did you know that the prisoner was only nineteen? A. No, not till afterwards—she was compelled to leave him, and has been absent from him three years—during that time there has not been the slightest communication between them—she has never beheld him—I have been living at Hammersmith about three years, since I left the Wandsworth-road—I live in Cornwall-road, Hammersmith) about ten minutes' walk from the Church—I occasionally frequent that Church with others, not constantly—I attend with my daughter occasionally—the prisoner and my daughter had no family—there was never the slightest approach to a family; I am certain about that—my daughter got the license—I did not accompany her to get it—the prisoner was at Manchester at the time—it was got by his desire.

COURT. Q. Were you a widow at the time of the first marriage?

A. Yes, and my daughter was living with me—I was not in business—the prisoner had a situation, or was on the point of having one, in the Admiralty.

TEMPERANCE CAROLINE BAKER . I live in Acton-place, Manor-street, Clapham. On 6th Feb. last I was married to the prisoner in Hammersmith Church—I had known him a few months previously—I had been married before—I accused the prisoner, six weeks before my marriage to him, before Elizabeth York, who had told me he had been married, and he said, "My wife has been dead three years; she died in childbed at Brussels"

Cross-examined. Q. I suppose you said, "Are you married?" A. I said, "Innes, my friend has told me that you are married;" and he said, before her, "My wife has been dead three years; she died in childbed at Brussels"—the prisoner was living in my neighbourhood, just below me, and his family—I think he had a situation in the Admiralty—I keep a beer-shop—I know the prisoner's family, but I had no intercourse with them, only by seeing them at Church—he had sisters and brothers—they were all living in the neighbourhood except one, who was living at Tewkesbury—we were married at Hammersmith Church; that was by mutual agreement—I afterwards heard the prisoner was married, and I felt it my duty to institute this proceeding—I went to his first wife's mother on the 16th of this month—the fact of his previous marriage was not talked of before our marriage, only by my friend—after our marriage it was not talked of more than once, to my knowledge; that was in presence of my servant—it appears that every one. in the neighbourhood knew it but myself—I am not in the habit of going from home—I had not heard it.

Q. Did he not tell you that he had heard his wife was dead, that he had had information on which he could rely, that his wife was dead, from a person of the name of Waddilove? A. He said she was dead; Waddilove's name was never mentioned till after the marriage—he said decidedly his wife was dead.

MR. CHARNOCK. Q. And on that you married him? A. Yes; his brother's were in the habit of visiting at my house.

COURT. Q. What was your first husband? A. A licensed-victualler—I keep the same house that he died in four years ago—I have what this brings me in, and some leasehold houses which are settled on me by will—I shall be thirty-nine years of age in December.

ELIZABETH YORK . I live in Cross-street, Clapham, and am unmarried. I know the last witness—I made a communication to her about the prisoner, and she said to him, "I hear you have another wife," or "have got a wife," or something to that effect; and he said, "I bad a wife; she has been dead three years or three years and a half; she died in Brussels, in child-birth."

---- SALTER (police-sergeant, V 15). I apprehended the prisoner at Mrs. Baker's, in Marion-street, Clapham—I have known him many years.

GUILTY. Aged 24.—Recommended to mercy by the Prosecutrix.Confined Six Months .

Reference Number: t18511027-1969

1969. DANIEL CLANCEY , burglariously breaking and entering the dwelling-house of Thomas Williams and another, and stealing 2 tablecloths, and other articles, value 21s.; the goods of Thomas Williams: and other articles, value 2l. 15s.; the goods of Charles Rimmer.

MR. CARTEEN conducted the Prosecution.

MARIA CONLEY . I live at 68, Blackfriars-road, and am cook and house-keeper to Mr. Thomas Williams, and Charles Rimmer, woollen-drapers. Mr.

Williams sleeps in the house—Mr. Rimmer does not, but he lives on Sunday morning, 28th Sept., I got up at 7 o'clock, I was the first person up—I went to the second-floor back-room—I found the door open—it had been open the night before—I had been the last person up the night before—I went to bed about half-past eleven—there was a chest in that room which had contained linen—I saw it about half-past ten on the Saturday-night—it was shut, but not locked—it contained night-shirts, day-shirts, and other things, and two tablecloths—at seven next morning the chest was open, and the things were turned over; I examined and found that two tablecloths were gone—there is a cupboard in that room—the door of it is shut, but not locked—in the morning it was open, and a carpet-bag which had hung up in—that cupboard had been taken down, and thrown down by the clothes—I had seen the contents of the cupboard safe on the Saturday-night—I missed some boots from that cupboard—I could not at that time tell how many, but here were three pairs missing—I have seen one pair since, they belong to Mr. Rimmer—a pair of pumps were also missing—there was a chest of drawers in that room—in the morning one of the drawers was on the floor, and empty—another drawer was open, and the things in it turned over—four or five waistcoats were missing, which had been in that drawer—I think some of them were silk—I had seen them on Saturday; I had opened that drawer to put things away—there were three flannel-shirts missing from that drawer, and a pair of flannel-drawers, and a new silk handkerchief—the waistcoats belonged to Mr. Williams, and the other things to Mr. Rimmer—I had teen them safe on the Saturday night, when I put away the clothes—I afterwards went down stairs, and found the middle window open in the passage, which is between the first and the second-floor—the passage goes along the staircase, and there are three windows in it which open on the leads, which go over the circus in the shop, and right back to Collingwood-street; from those leads you could get to Collingwood-street very easily—I cannot say how high they are from the ground—I had seen those windows on the preceding evening the last thing before I went to bed—they were all three snapped—they lift up and fasten with a catch or snap in the middle—the pane under the snap in the middle window had been broken a few days before—any person, by putting their arm through that broken pane, could unfasten the snap very easily—it was that middle window that was open—that passage leads to ill parts of the house.

EDWARD LANE . I am servant to Mr. Bellworthy, a butcher, who lives in Great Charlotte-street. His slaughter-house is in Collingwood-street, close at the corner, at the back of my master's house—on Sunday, 28th Sept., between 6 and 7 o'clock in the morning, I found two pair of boots, a leg of mutton, and a small crow-bar, on the tiles of my master's kitchen, which ii over his slaughter-house—any one could easily get on those tiles from the ground in Collingwood-street—there is a window with iron bars across it instead of glass—they could nearly reach the tiles from the ground, and from the tiles of the kitchen a person could go across to the roof to Mr. Williams'—I brought the things down to my master, and got a policeman—the things were given to him.

Cross-examined by MR. CHARNOCK. Q. Where did you find the leg of mutton? A. On the tiles—I do not know how it came there—I think I mentioned about the leg of mutton once before—the prosecutor lives about a stone's throw from my master's—you pass over six or seven houses to it—you can get to any other house as well.

JAMES FROST (policeman, L 59). On Sunday morning, 28th Sept., I was

on duty in Black friars-road, in private clothes, about half-past 8 o'clock—I saw the prisoner in company with two others, coining in a direction from Collingwood-street, across Charlotte-street, to Blackfriars-road—when I first saw them they might be five or six yards from the corner of Collingwood-street—Mr. Bellworthy's shop is at the corner of Collingwood-street—I observed one of the persons who was with the prisoner looked rather bulky about the body, as if be had things about him—I followed them up Blackfriars-road to the corner of Wellington-street—I had a view of all three of their faces, I am sure the prisoner was one—that was 300 or 400 yards from where I first saw them—I made a grasp at the prisoner, and the one who was bulky, whom I afterwards took, and he was discharged—I received a kick from the third man; and as I received the kick, the prisoner tripped me up—he catched me across the shinbone of the left leg—both my legs went from under me, and I was thrown down—I was stunned for a minute—as I fell I caught the coat of one of them, and took out a piece of the lining in my hand—that was the coat of the one that was bulky—as I fell I was kicked, and I was struck on the side of my head, I could not see by whom—they all three got away from me; at I recovered myself I jumped up—two of them ran down Wellington-street, and one down Blackfriars-road—when I got up I found a hat, and this table-cloth in it, about a yard and a half from where the scuffle took place—this is the hat and tablecloth—I had known the prisoner for a number of years—I met him afterwards on the Thursday, 2nd Oct., at the corner of Upper Marsh, Waterloo-road—he was alone—I took him into custody—I told him it was for a robbery; and as he was going to the station, lie said, "Is it concerning Allen?" (who was then in custody)—I said, "Yes"—he said he was an innocent man; be bad read it in the paper, but he knew nothing about it—I had not said anything about it before, too further than telling him I wanted him for felony—Patrick Allen's name had not been mentioned—I took the prisoner to the station—I afterwards examined Mr. Bellworthy's slaughter-house—I found some marks down the side of the wall, and some footmarks leading from the slaughter-house to Mr. Williams'.

Cross-examined. Q. Where is Collingwood-street? A. It is the first turning in Charlotte-street, on the right-hand side—I saw the party coming in a direction from Collingwood-street'—I do not know which of the three this bat belonged to—I did not see which it was lost their hat—I have before said that I was struck when I was falling; I cannot tell by whom—I could not say that the prisoner did more to me than tripped me on the left leg; I am positive that was the prisoner—I took Allen into custody; he was the man who appeared bulky—I took him on the Monday, and he was discharged—I did not see the prisoner till the Thursday evening following—to the best of my knowledge the prisoner had a cap on on the Sunday morning when I saw the three together—when I took him I told him it was for felony; and in going along he said, if it was with Allen he had read it in the paper, but he was innocent—when at the station, I told him it was a burglary in Blackfriars-road; he said he was innocent—I was before the Magistrate three times—Allen was discharged on the second examination.

MR. CAARTEEN. Q. Where did you take Allen? A. In Kennington-lane, when he was coming up to see his brother.

DANIEL MAHER . (police-sergeant, L 38). On Sunday morning, 28th Sept., I was on duty in Blackfriars-road, at half-post 3 o'clock in the morning. I saw the prisoner with two others—the prisoner was about two steps before the other two—I first saw them on the pavement in front of Collingwood-street, in Great Charlotte-street—they crossed, and came to the corner of

Great Charlotte-street—Frost was in company with me; he was in plain clothes; I was in uniform—I followed the prisoner and the others with Frost—Frost followed them first, and I followed after Frost, to the corner of Wellington-street—Frost was running after the prisoner—the other two then crossed the road, and one stepped before Frost on the pavement, hit Frost on the head, and knocked him down.

COURT. Q. Had the prisoner crossed the road? A. Yes; Frost followed the prisoner; the other two then crossed the road, and one of the two got before Frost—Frost seized him, and he knocked Frost down with a blow on the side of the head, as well as I could see—Frost fell, and the man that struck him fell down with him—that was not the prisoner—I sprung my rattle, and ran to Frost's assistance—the man who struck Frost jumped up, and ran away directly—the other men ran up Black friars-road—I saw a hat lying near Frost—I did not see it picked up—the prisoner had a cap on—I have known him the last three months; I have seen him several times—I have no doubt he is one of the men I saw at that time—I could not take him—he took the first turning in Wellington-street, and ran towards St. George's Church—we had a long run for it—I could not catch him—the next time I saw him was on Thursday, 2nd Oct., at the station—he spoke to me first—he said, "You know me very well; you saw me at the coffee-shop"—he did not say what coffee-shop—he said it was on Saturday night—I had seen him at half-past 1 o'clock on Sunday morning, at the Albert coffee-shop, in Great Charlotte-street—I am sure I saw him there.

Cross-examined. Q. Did you see the bat fall from the party it belonged to? A. No, I did not—it was not the prisoner's hat; he had a cap on when I first saw him, and he had when I was running after him—I did not see him strike or kick Frost—I have never said that I doubted whether the prisoner was one of the party—I was examined before the Magistrate against this prisoner and Allen—when I saw the prisoner at the station he said I saw him in the coffee-shop—he denied the robbery—he said he knew nothing about the robbery, and had nothing to do with it—I do not think he said he was at home at the time—I cannot swear it.

FRANCIS IRELAND (policeman, L 119). I was on duty, in Great Charlotte-street, on Sunday morning, 28th Sept. I went up to the door of a coffee-house, which I believe is called the Albert—it is kept by a man of the name of Sevenoaks—it was about half-past 1 o'clock—I saw the prisoner sitting down with two others in the coffee-shop—I afterwards saw the prisoner about a quarter-past 2, in Great Charlotte-street; he came from the opposite side towards Collingwood-street; he looked me very strictly in the face, and I took very particular notice of him, by seeing him previously in the coffee-shop—I was in uniform—I was about a yard from him—he walked down Collingwood-street, of him—I had known him about twelve months before—I am positive he is the man I saw.

Cross-examined. Q. Who took Allen? A. I believe it was Frost—I cannot say whether he was one of the men that were in the coffee-shop—I do not know which was the man that was bulky—I did not see them together.

Louis SEVENOAKS. I keep the Albert coffee-shop in Great Charlotte-street. I have seen the prisoner, and know him by sight—I remember Sunday morning, 28th Sept., the prisoner was in my coffee-shop about half-past 1 o'clock—he came a little before that—I saw the policeman, Maher, come in—the prisoner was in the coffee-shop when Maher came in.

Cross-examined. Q. Do the policemen use your shop? A. No; but I had

had a row on Saturday evening, and they were ordered to come in—I saw the prisoner come in with two men—Mr. Frost came and spoke to me, I think, a day or two afterwards—I think the prisoner had had one hearing—I did not take particular notice; I know it was some time after—I think it was after the first hearing; I am almost sure it was—Mr. Frost came and spoke to me about it, and said I was to go to identify the prisoner—I know I saw the prisoner in my house that night.

MR. CAARTEEN. Q. Has the prisoner been in the habit of visiting your coffee-house? A. I have seen him in a few times, perhaps five or six times, generally with some one else; he was with two more that night—I did not know either of them.

(The prisoner's statement before the Magistrate was here read: "I am not guilty of it; I was not there; I was not in the coffee-shop; I was in bed; I never saw the coffee-shop keeper before yesterday.")

JAMES FROST re-examined. This is the tablecloth I found in the hat.

MARIA CONLEY re-examined. I know this tablecloth, from my using it the last sixteen months—there is no mark on it—here is the fellow one to it (producing it,) only one is longer than the other—I can swear this is my employer's tablecloth—it has been in daily use, with this other one, and two more—they are the same patterns, and the same person made the two, the porter's wife, who was there before I was—they are hemmed in the same manner—two tablecloths were taken away—the other one is not found—these boots belong to Mr. Rimmer—I know them, from so frequently taking them out of the cupboard.

Cross-examine. Q. Is Mr. Rimmer here? Q. No; those gentlemen are both single—I have never had a mistress—I did not see the porter's wife make these tablecloths—there were four tablecloths in use—I did not wash them—I laid them occasionally on the table for sixteen months—there is no mark on them.

MR. CAARTEEN. Q. Did you give them out to wash? A. Yes, and received them, and examined them, when they were brought back—besides that, I laid the cloth, and have such knowledge of them that I can swear to them. Witness for the Defence.

MARGARET GILL . I live at 3, Abbey-place, Smith-street, Hercules-buildings; my husband is a slater. I know the prisoner—he, and his father and mother, occupy an apartment in my house—I remember the policeman coming to our house to search, on the Thursday evening on which the prisoner was taken—I sleep in the lower part of the house, on the ground-floor—it is but a two roomed house—I recollect perfectly well the Saturday night before that Thursday—when the prisoner came home that night we were having our supper—my husband called him, and gave him a glass of porter—it did not exceed 20 minutes after 12 o'clock when he came in—I let him in, and fastened the door afterwards—I crossed from the public-house with a pot of beer when the clock struck twelve, and it was about twenty minutes afterwards when he came in—I saw him go up-stairs—I handed him the candle, and fastened the door after him—the door fastens with a bolt at top and bottom—I bolted them both, and there is a spring-lock—the lock could not be opened outside without a key, but a person outside could not get in with a key, because the door was bolted—the prisoner did not come down again, because he could not get out—I saw him again on Sunday morning—he came down between 9 and 10, in his stocking-feet and his shirt-sleeves—he brought a piece of bacon on a gridiron, and asked me to cook it for him, and I did—he could not get out of the house without my hearing him—I do not sleep

very soundly, because I do not enjoy the best of health—a person could not come down and undo the bolts of the door without my hearing them; and if he got out, he could not get in again, because I have no street-door key—I am able to tell that the prisoner was in the house from 20 minutes past 12 till I saw him in the morning—the door was fastened in the morning as I had left it.

Cross-examined by MR. CAARTEEN. Q. Who lives in the house? A. No one but his father and mother, and brother, and a young woman, named Flaharty, who is now in her confinement, who attends his mother, who is afflicted—the mother and the young woman sleep on the floor—the father and the two brothers sleep in the room—I am no relation to any of them—my husband is a labouring man—he works for Mr. North—he was at home that night—he saw the prisoner, and gave him a glass of porter—he saw him go out of the room—I got up from the table and gave him the candlestick—my husband was sitting at the table—when the prisoner received the candlestick he wished us good night, and went up stairs—I got up and shut the door when he went out—I did not go in their room, but J am well aware that his father and mother, Flaharty and himself, and his brother were there—Flaharty is married—her husband is a seafaring man—half-past 12 o'clock is not a late hour for me to be up on Saturday night—I have many little odds and ends to do—on Saturday night I am very often up till 1—on Monday morning my husband goes to work at 6—we sometimes go to bed at 10, and sometimes at 11—we never go to bed leaving the street-door open—we shut it—if I do not bolt it, it has a spring-lock—I remember the night the policeman came to our house—he knocked at the door, and then shoved the door, and I got up—the policeman did not enter the house without my knowledge he knocked and shoved the door—the door did open when he shoved against it, and I momentarily got up—he had knocked at my bed-room door before I got up—he was inside the street-door before I opened my bed-room door—to the best of my knowledge that was between 10 and 11—the prisoner has been in my place going on for three months—my husband is not here, he could not leave his situation to be here—the prisoner's father and his younger brother are here.

Q. How do you know that this was on 28th Sept.? A. I do not exactly know the day of the month—I heard the policeman say it was 28th Sept.—it was the Saturday before they came to search my house—the prisoner was mostly in the habit of coming into my room—he used to come down for a light or a pipe of tobacco.

MR. CHARNOCH. Q. Your husband is at work? A. Yes, as a slater, for Mr. North, in the Palace, New-road—it was on a Thursday night the policeman came to my house—he knocked at my door, and shoved the door against my parlour-door—he must have shoved with great force to get it open—I did not prevent his searching my place, but he did not offer to search my apartment—Ellen Flaherty is in her confinement.

COURT. Q. On the night the policeman came to search your house, was your husband at home? A. Yes, and my two children—my outer door was not bolted then—it is not when I am not up late, because sometimes they are working later than we are—on that occasion, I went to bed and left my door unbolted, because I have no street-door-key to accommodate them with—on that Sunday morning, I saw the prisoner between 9 and 10 o'clock, in his stockings—I was up that morning about 7—my husband is at his work to-day—he has worked for Mr. North regularly for eighteen or nineteen years—he knows that I am come here for this purpose—the prisoner bad

been lodging regularly at my house ever since they have been in my place, which is close upon three months—my house is a good step from Great Charlotte-street, Black friars—South-street, Hercules-buildings, is in Lambeth—I suppose it would take a quarter of an hour to walk from my place to Great Charlotte-street—the prisoner is what they call a hammer-man—since he has been with me, he has been working for some master in Webber-street, but I do not know his name.

MR. CHARNCCK proposed to call the prisoner's father.

Prisoner. I do not wish my father to be asked anything; he it generally drunk on Saturday nights, and he is so deaf he cannot hear.

COURT to Louis SEVENOAKS. Q. How long was the prisoner in your shop that night? A. Perhaps half an hour or three-quarters of an hour—I was attending the shop, and he was there all that time—I keep open all night.

(The prisoner received a good character.)

GUILTY . Aged 24.— Confined Twelve Months.

Reference Number: t18511027-1970

1970. MICHAEL RYAN , burglariously breaking and entering the dwelling-house of Edward Newland, and stealing 1 shawl and 1 night-gown, value 35; the goods of Catharine Connelly.

MR. PLATT conducted the Prosecution.

CATHARINE CONNELLY . I am servant to Mr. Edward Newland, at 5, Yorkterrace, Trinity Church-row, St. Mary Newington. In the night of Wednesday, 8th Oct., I was sleeping in the front-kitchen—I was awoke about half-past 2 o'clock in the morning—I saw two men in the room—I am quite sure the prisoner was one—he had a candle in his hand—I laid quite quiet, and took no notice of them—I watched them for a quarter of an hour—the prisoner went two or three times to my master's bureau, and put his fingers to try if it could be opened—it lifts up—while I was appearing to be asleep the prisoner came with the candle, and held it over my face—he did that several times, and I took the opportunity of looking at him—I saw him quite plainly—I looked at him often—during that time the other man was at the cupboard-door—he had nothing in his hand that I could see—he then turned to my master's box, and took a long thing from under his coat, and broke it open—I screamed out—the prisoner threw the candle at me; it fell on my dress—the prisoner and the other man went out of the kitchen; they stopped in the back-kitchen a little while—I heard my master's voice asking me what was the matter—the prisoner and the other man got away—my master came down, and on looking at the house, I found the back-kitchen window was open—I am quite sure it was closed when I went to bed about 12—I had fastened it with a catch—the box of the lock of the kitchen-door was unscrewed in the morning, and the door was open—the box was not unscrewed the night before—I locked the door myself—in the garden I found a shawl and a night-dress of mine—I had left them in the back-kitchen when I went to bed—the prisoner had a brown coat, corduroy trowsers, and a cap—he had whiskers under his chin, the same as he has now—I am quite sure he is the man who held the candle.

EDWARD NEWLAND . I am a City Missionary. I was awoke early in the morning on 8th Oct. by the scream of my servant—I learnt there were two men in her room—I gave an alarm to the police—they came, and I went down, and found the house broken open—a bundle was found in the garden, and different articles were strewed about the room.

THOMAS RICHARDS (police sergeant M, 10). On the morning after this robbery I received information from Connelly, and by her description of the

prisoner's dress and person I apprehended him in Mint-street, the same afternoon—I told him I wanted him to go to the station with me—he said, "You always know where to find me"—Connelly was taken to the station, and I placed her and another female in the inspector's room—shortly after I left, the prisoner walked into that room by himself—directly Connelly saw him she screamed out, "That is the man that held the light over my face last night"—I afterwards saw the impression of a man's shoes in the prosecutor's garden and several other grounds—I took the shoes from the prisoner's feet at the station, and compared them with the impression—I put them in the impression, and they fitted—here is a particular heel on this one.—(The prisoner's statement before the Magistrate teas here ready as follows: "The prisoner says, 'I am innocent of the charge; I was at home on Tuesday night, and did not go out till half-past 8 next morning; I have a witness in Court to prove it.")

Prisoner's Defence. I declare to my God I am innocent of this charge. I was living in a policeman's house at this time; I told them where I lived; I have a witness to prove I was in bed.

ANN MARTIN . I live at Gravesend, and am a travelling woman—I came to town on Monday, 6th Oct., and stopped at the prisoner's mother's house—I saw the prisoner go to bed—I spent the evening and the night with his mother, who is my sister—she lives at No. 2, Warren-place, Dover-road—she is a widow—I heard no disturbance that night—I saw the prisoner in bed early the next morning—I went back on the Tuesday.

COURT to EDWARD NEWLAND. Q. On what day was your house robbed? A. On Wednesday morning, 8th Oct.

GUILTY . Aged 23.

The prisoner was further charged with having been before convicted: to which he pleaded

GUILTY.— Transported for Ten Years .

(The COURT directed that Catherine Connelly should receive a reward of 20s).

Reference Number: t18511027-1971

1971. JOHN HAYS , burglariously breaking and entering the dwelling-house of Philip M'Gregor, and stealing 3 groats. 13d.-piece, 21 pence, and 87 halfpence; his moneys: to which he pleaded

GUILTY ,† Aged 21.— Transported for Seven Years.

Reference Number: t18511027-1972

1972. GEORGE CROOKS and CHARLES WILSON , burglariously breaking and entering the dwelling-house of Abraham Lyon Moses, and stealing 2 oil-paintings and other articles, value 122l.; his property: also, 1 coat and other articles, value 3l. 14s.; the goods of Daniel Long: to which Crooks pleaded

GUILTY . Aged 31.— Confined Twelve Months.

(MR. ROBINSON offered no evidence against WILSON.)

NOT GUILTY .

Before Mr. Common Serjeant.

Reference Number: t18511027-1973

1973. SPENCER ANSELL , embezzling 3l. 4s., 1l., and 7d.; the moneys of Charles Francis and others, his masters: to which he pleaded

GUILTY .

Reference Number: t18511027-1974

1974. SPENCER ANSELL , was again indicted for embezzlement.

MR. HUDDLESTON conducted the Prosecution.

ALFRED FRANCIS . I am in partnership with Charles Francis and another—we are cement-manufacturers at Nine Elms, and carry on business in Great Scotland-yard—the prisoner was employed to manage our business at Great Scotland-yard—we furnished him with cement for the purpose of sale at that place—he had permission to sell the articles on cash and on credit—I myself

called there to see how business was going on—when he sold goods he was to enter them in his day-book—he was in the habit of furnishing his stock-paper weekly to our counting-house—I have here his stock-paper of 11th Sept; it contains the account of goods, showing the stock on hand of the preceding week—in addition to that, the stock he had received since from us—he charged himself with them, and he discharged himself by cash credit and expenses—it was his duty to pay over the balance to our cashier, George Judd—this is the stock-paper of 11th Sept.—it is the prisoner's writing—I took it from him—it is not finished—his expenses are not added to it—it would appear in the day-book to whom he had sold goods.

Cross-examined by MR. PARNELL. Q. Had you anything in the world to do with this man yourself, either by employing him, or receiving the accounts from him, or receiving money from him, or giving him direction? A. I employed him, as one of the partners—he was in our employ some years as a labouring man—I did not pay him his wages—I took this stock-paper from him before it was completed—I was not in the habit of receiving his papers, or receiving money or accounts from him; that was all done through out cashier—the prisoner was employed at Great Scotland-yard, and he was employed at Nine Elms before we put him there—he was employed the last two or three years at Scotland-yard—he had to come to Nine Elms to give in his accounts—his wages were 20s. a week—he had been with us probably six or seven years—we have filled up his place since he left, and we are giving higher wages.

MR. HUDDLESTON. Q. In what respect is this paper not complete? A. I think he has not charged his expenses—he has mentioned here the amount of goods sold—he was transcribing it from the slate and the day-book when I entered the warehouse.

GEORGE KEEF . I am a builder, and live in King-street, Soho. I deal with Messrs. Francis—I obtained goods from the prisoner at Scotland-yard—on 4th June I paid him 1l. 10s.; he gave me this receipt.

Cross-examined. Q. This is, I see, a bill made out in the name of Ansell; did you know about Francis' being in the business? A. I knew they were in the business—I got the things from the prisoner—I never saw anything of Francis in the matter—I had dealt with the prisoner for some time before this—this was a payment in part of the account—there was 2s. 5 1/2 d. left to pay to make it all right—I have paid another account since—I suppose this was added to the other.

MR. HUDDLESTON. Q. Is not the name "Francis" over the door, in Scotland-yard? A. Yes; I dealt at the yard previous to the prisoner being there—I paid the money with the intention of paying it into the firm, on account of the goods I had had from the yard.

WILLIAM LAYCOCK . I am a builder, and live in Hill-street, Berkley-Square; I have dealt with Messrs. Francis for cement On 23rd July I sent. Fitzgerald for some cement—I gave him 1l.; there were two empty casks to be returned—he brought back the goods—I sent him for 9s. 6d. change, and a receipt for the money—this is it; the amount of the cement is 17s. 6d.; here is an allowance for the casks, and 10s. 6d. paid in money—he brought me 9s. 6d., and this bill.

THOMAS FITZGERALD . I am in Mr. Laycock's service—in July I got 1l. from him—I gave it to some one in the office, I really cannot tell who, as it is some time ago—I received from the person this receipt and the change—I cannot tell how much change I got—I saw the mail write this receipt—I had been to that place once before.

ALFRED FRANCIS re-examined. This bill is the prisoners' writing—it is "Paid, S. Ansell."

ELIZABETH BEACH . My husband is a builder. He deals with Messrs. Francis for cement—I know the prisoner as warehouseman at Scotland-yard. On 11th Sept. I paid him 7s. 6d.—I got this receipt from him for 7s. 7 1/2 d.

GEORGE WILLIAM JUDD . I am cashier to Messrs. Francis. I have been there twenty-six years—the prisoner was warehouseman in my masters' employ—it was his duty to sell the goods of Messrs. Francis in the yard—he had a check-book, and when he sold goods it was his duty to make out a check as a bill and receipt if the goods were sold for cash, and give that to the party who bought the goods; and if they were sold on credit, the goods were merely filled in—the counterfoil remained attached to the book—it was his duty to make out a weekly stock-paper—it consisted of the goods that had been sold during the week from the Friday to the Thursday night—he was to enter in the day-book the money and goods sold on credit—he brought the stock-paper and books to me every week—I used to look at the account and receive the money from him—the amount of cash in the stock-paper I compared with the amount in his day-book, and if they agreed I took the balance from him—he paid me at the time—the day-book was the voucher to me for the moneys that had been received by him—I considered that every. thing ought to be entered in the day-book—I looked at the day-book to see what had been received by him—I have the day-book here—I have compared it with the stock-papers from Jan. to Sept.—I have found that the stock-papers agree with the day-book—I do not find any entry in the day-book of 1l. 10s. received from Mr. Keith, or 10s. 6d. from Laycock, or 7s. 7 1/2 d. from Beach.

Cross-examined. Q. How often was this book brought to you? A. Every Friday night, almost invariably—it has been on Saturday—I do not recollect that it ever went two weeks—the money received is, on both sides of this book, made up a total at the end of the week—it was by this book and the stock-paper he paid me the money—the book and the stock-papers agree as to the amount—he gave me the stock-paper and what appeared there—he occasionally left the book with me—from 23rd May till 11th June I was absent—Mr. Friend was there then—the prisoner has come sometimes on Friday evening and sometimes on Saturday—he has come when I was not there—in one or two instances I think he left the book with the wharf-clerk; but when I had the book the paper was in it, and I found the book and paper to agree—he might have left it with one of my fellow-clerks, but I do not recollect such an instance—this book is in his handwriting—there were no other clerks at Scotland-yard who might have made entries while he was there—there was no one but himself—if a large quantity of cement were delivered he would get assistance.

JURY. Q. How often did you examine the counterfoils and the stock-paper with the day-book? A. I examined the cash at the time—it was no part of my duty to examine the counterfoils with the book—that was done by a clerk at Nine Elms—he is not here; the book is.

MR. HUDDLESTON. Q. When he gave these bills to the customers, was it his duty to enter this money in the day-book? A. Yes; I was sometimes out when he came with money—I compared the day-book and stock-paper with the balance of money that had been left—I did that in all cases, and found it correct—I received from him, during the period I have mentioned, the sums that appeared to be entered in the book—the whole of the money entered in this book, and of course in the stock-papers, I received, and found it correct—I

did not in these accounts receive this 1s. 10s., or 10s. 6d., or 7s. 7 1/2 d.—if in the way of his duty he had entered them as he ought to have done, either I or Mr. Friend would have received them.

JOHN EWEN FRIEND . I have been in the prosecutors' employ fourteen or fifteen years. From 23rd May to 11th June it was my duty to receive the day-book, the stock-papers, and cash from the prisoner—I found the day-book and stock-papers were correct as far as was stated—here is no entry of a payment of 1l. 10s. by Keef, on 4th June.

Cross-examined. Q. You did not know of Mr. Keef's existence? A. No; all the sums are put down with a name—if a man went there and bought goods without a name, it would be the prisoner's duty to ask his name—it is the custom of our trade to have the name of everybody, because we want to follow up the trade if we can—I never recollect seeing an entry without a name.

MR. HUDDLESTON. Q. Do you know the prisoner's writing? A. Yes; these receipts of Mr. Beach, Mr. Laycock, and Mr. Keef are his writing—I have no doubt.

THOMAS CAPON . I took stock at Scotland-yard on 11th Sept I found a deficiency in the stock of 989 bushels of Roman cement, 48 cwt. of plaster, 49 bushels of Parian cement, and 1,808 lbs. of mastic.

JURY to MR. JUDD. Q. Have you the counterfoil-book here? A. Yes; this is the prisoner's handwriting—here are a number of leaves deficient—here is no counterfoil of Laycock's.

(The prisoner received a good character.)

GUILTY . Aged 28.— Confined Twelve Months .

ADJOURNED TO MONDAY, NOVEMBER 24 TH.

The following Prisoners, upon whom the Judgement of the Court was respited at the time of trial, have been sentenced as under:

Vol. xxxiv Page

Staite, Opie... 45Confined one year.

Bank, Henry... 57Confined seven days.

Thonen, William Edward... 63Confined one year.

Smith, John... 99 Discharged.

Savage, Susan... 104Confined seven days.

Jordan, Caroline... 196Confined twelve days.

Phelps, John... 224 Discharged.

Smith, James... 301Transported for seven years.

Jones, Lewis John... 324Confined one year.

Pucce, Maria... 339Confined ten year.

Courton, Eliza Ann... 413Confined one day.

Chislett, Harriet... 423Confined two months.

Bessley, Thomas... 517Confined one months.

Potter, Thomas... 618Transported for seven years.

Fischell, Philip... 620Confined six months.

Rogers, Caroline Gertrude... 631Transported for seven years.

Mackey, Ann... 637Confined seven days.

Bayman, James... 715Confined six months.

Hanbury, James... 765Confined seven days.

Goods, Alexander... 816Confined two years.

Pantoll, Mary Ann... 823Confined twelve months.

Clark, Naomi... 848Confined two days.


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