CENTRAL CRIMINAL COURT.
HUNTER, MAYOR. SECOND SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—An obelisk (†) that they are known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, December 15th, and Tuesday 16th, 1851.
PRESENT—The Right Hon. the LORD MAYOR; Sir JOHN KEY, Bart., Ald.; Mr. RECORDER Mr. Ald. SIDNEY; Mr. Ald. FINNIS; Sir ROBERT WALTER, CARDEN, Knt., Ald.; and Mr. Ald. CUBITT.
Before Mr. Recorder and the First Jury.
MESSRS. PATNE and ROBINSON conducted the Prosecution.
MR. JAMBS HEMP . I produce the file of indictments of the last May Sessions. I also produce two captions applicable to them; the Oyer and Terminer, and the General Gaol Delivery; they are applicable to the whole of the indictments, and are filed with them—that is the usual practice—it appears that the indictment was found on 14th May—die names of the Commissioners are set out—Mr. Russell Gurney is among them—all the Aldermen are in the Commission—there is a minute in our book, made at the time, of a plea of "Not guilty," and alto upon the indictment, "Surrenders! and puts himself"—Day was on bail—that is the usual note made upon the indictment when a party pleads "Not guilty"—on the face of it, it is "surrenders and puts."
MR. HORRY submitted that these documents did not constitute an authentic record of the proceedings of the Court, they were mere memorandums of the officer of the Court; he urged that the record itself should have been made up and preduced, in accordance with the rule of law that the best evidence should be given; at present the names of the Jurors did not precede the finding, nor was it shown that the indictment was found upon the oaths of the witnesses, who, it was professed, were called before the Grand Jury. The RECORDER was of opinion, that if it was necessary to prove the conviction acquittal of the party, or if the trial had taken place in any other Court, the record itself must be produced; but as neither a conviction or acquittal was alleged in the present indictment, and as the trial had taken place in the same Court, the evidence adduced would be sufficient. That distinction was taken in the case of Home Tooke, 25 "State Trials," P. 426, and approved of by Lord Tenterden in Rex v. Smith, 8 Bar new all Cresswell By a clause in Lord Campbell's Act (14 and 15 Vic., c. 99, sect. 22),
a certificate from the officer of the Court, containing the substance and effect of the record, was made evidence upon proof of the signature of the officer; but, as the Counsel for the prosecution were not prepared with such a document, he would admit the evidence proffered, and reserve the question for the consideration of the Judges.
ALEXANDER BUCKLER . I am a short-hand writer of this Court. I was present on the trial of a man named Day—I cannot identify the man—I took notes of the trial—I have the notes here—a woman named Harriet Newman was examined on that occasion—I do not recognise the prisoner as the person—I remember something of her appearance, but I should be sorry to say she was the person.
COURT. Q. Did you administer the oath to the defendant? A. I did; Mr. Russell Gurney tried the case—I do not know what Aldermen were present.
ALEXANDER BUCKLER re-examined. Alderman Finnis was on the Bench in the course of the day, and not when the trial commenced—Alderman Lawrence was there when the trial commenced—Alderman Finnis's name is printed from my notes as being present during the trial; but not having the original paper here on which I entered his name, I ought not to swear it—I compared the printed report with my original notes a law days after they were taken, and I believe the print to be correct—I cannot say, on looking at this, that Alderman Finnis was present during any part of the trial.
COURT to BENJAMIN LAWRENCE WILSON. Q. Was Alderman Finnis on the Bench when you swore the prisoner? A. That I cannot say.
ALEXANDER BUCKLER re-examined. I can prove that Alderman Finnis was present during part of the trial, because this was the only case tried that day—I cannot swear whether any Alderman was present when the defendant was sworn—(Mr. Ald. Finnis was directed to be sent for, the RECORDER being of opinion that as it was alleged in the indictment that the defendant was sworn in his presence, that allegation must be made out.) The evidence given by the defendant on the trial of Day, was read as follows: "Where do you live?—No. 8, Manning-street. Are you in the employ of Messrs. Bousfield, of Haydon-square?—Yes. Do you know a person named Roberts if—Yes. Did you at any time receive that letter?—Yes. The letter was here read as follows: 'Harriet Newman, 8, Manning-street, Limehouse-fields. Dear Harriet.—I wish you to meet me this evening at five o'clock, as I have something to say to you particular. I shall wish you to meet me alone, as I shall be alone myself, and will, if agreeable, see you home, and hope we shall be happier than we have been. Yours, unhappy, R. Roberts.' Did you, in consequence of that letter, go anywhere at five o'clock?—Yes. Where?—By the Ben Jonson, at Stepney. What was the date?—The 31st of March. Was that the day you got this letter?—Yes. When you got there did you see Richard Roberts?—No. Did you see the prisoner while you were waiting?—Yes. Did he say anything?—Yes, he asked me if my name was not Harriet Newman, I said, 'Yes;' he asked me if I was not waiting there for Richard Roberts, I told him, 'Yes;' he told me if I came with him he would take me to Richard Roberts; I asked him what was the reason Richard Roberts did not come himself; be told me he was ashamed to come himself; I told him that he might well be ashamed to come himself; I followed him down by the Ben Jonson, and there he stopped. Yes?—He beckoned a cabman from the stand, took hold of my arm, and told me I must go with him;
the cabman came up and took hold of my arm. Did Day take hold of your arm?—Yes, and the cabman, too. Did you object to that?—Yes, I screamed, and told him I would not go with him. Well?—Three men and one woman came up and asked the young man what they were going to do with me; he said it was nothing to do with them, I was his wife. Did they get you into the cab—Yes. Who?—Day and the cabman. What happened then, did the cab stop, or drive on?—It drove on very fast. What became of Day?—He was in the cab with me, and the cab man was on his seat. After you had been in the cab a little time, did Day do anything to you?—He held my hands while he put a handkerchief over my mouth. What happened after that?—I do not remember anything more till I found myself on a sofa in a large house. Do you know where that house is?—No. Have you been able to find it?—No. When you came to your senses, did you see anybody? Yes, I saw a young woman sitting opposite. Do not tell us what she said, did she give you anything?—She asked me if I was any better; I said I did not know I was ill. Did she give you anything?—No. Did she afterwards?—An old lady came and gave me a glass of something; the young woman asked me if I knew where I was, I told her, 'No.' Did the young woman herself give you anything?—She gave me a knife. And at the time she made a communication to you?—Yes. After that, did you see an elderly woman?—Yes. What did that woman say to you?—She told me I must stop there all night; when she first came into the room, she came into the room with a glass in her hand, and she told me I must drink that, and then I should be better. Did you take any of it?—Yes. What was the effect; what happened to you?—I did not feel the effect of it directly. How soon?—Directly I drank it I made an attempt to come out, but the old woman stopped me. What else?—I held up the knife to defend myself. After you were stopped, what happened to you?—There were three gentlemen came running down-stairs when the old woman made a noise. Had you got the knife in your hand?—Yes, I was then in the hail. Did one of those men speak to you?—Two of them came up and spoke to me. What did they say?—They forced roe back again into the room. What did they say?—In the struggle I cut one of them over the hand with the knife. MR. COMMISSIONER GURNKY. You had better not go into what they say yet. By MR. HORRY. Did you get into the room again?—Yes, and the knife fell from my hand, and the old woman put me on the sofa again, and said I should not leave the house. What else happened?—They tried many times to get me up-stairs. Did you continue to resist?—Yes. Do you recollect a watch and chain?—Yes. What happened?—One of the gentlemen put it round my neck. What did you do with it?—I threw it on the ground. Did you, after that, see Day again? Yes. In which room?—(inaudible). How came he into the room?—One of the gentlemen called him. Do you recollect how he called him?—No, I do not know. Did either of the gentlemen order Day to do anything?—To go and bring a cab. In what condition were you as to your senses?—My senses seemed very much stupified. Were you in a condition to distinguish the features of anybody?—Yes. Were you in a condition to distinguish the features of Day?—Yes. Did you go to the door?—No, Day came into the room and said if I was quiet he would take me to my father; I then left the house, and went into the cab along with Day. Did Day say anything to you while you were in the cab?—I asked him the reason why he took me there; he said it was only for a spree with his chaps. Did he say anything more?—Not till he got me into a very dark street, and the cab was stopped, and Day got out and told me he would
walk the rest of the way home with me; the cab drove off; he walked a small distance?—Yes, and put a direction in my hand, and told me I must find my way home the best way I could. Yes?—He then left me. Well, what became of you?—I found the use of my limbs all leaving me, and I sat myself on the step of a door. Up to this time had you any notion what the time of the night was?—No. In what condition did you become afterwards?—I know nothing till I found myself in the hospital. In the house, just recollect what was said by either the men or the women?—The young woman told me, if I was a respectable woman she would advise me to go out of the house. What did the old woman tell you?—I must make myself happy there for the night, for f should be made a lady of. Did any of the men ask you to do anything?—Yes. Anything you felt improper to be done?—Yes. Where did you find yourself next morning?—In the hospital. When did you see the person you say drove you in the cab again?—At a beer-shop, in Holywell-lane, on a Saturday night, the Saturday following. Where there a number of persons there?—Yes. Did you point him out as the person who had taken you in the cab?—Yes. Did you give a description of the clothes which he wore?—Yes, corduroy-trowsers, and a black coat, and a black neck-handkerchief. Was he dressed in the same way when you saw him before the Magistrate?—No. The night you saw him in the beer-shop, was be dressed the same way?—No.
Cross-examined by MR. PAYNE. How old are you?—Nineteen. Past nineteen?—I was nineteen on the 30th of March. Day was a perfect stranger to you?—Yes. Had he never seen you before?—Not that I know of. When the old woman gave you something to drink was it like gin-and peppermint?—Yes. Did the three gentlemen hold your hands at all?—Yes. Did you throw tumblers at them?—Yes. And then they found it was no use, and they called Day to bring back the cab?—Yes. Now the letter you received, was it in the handwriting of Roberts?—No. Whose handwriting was it?—I do not know. Come, you know what has taken place; whose handwriting is it?—I do not know. Do you know Mrs. Woodfield?—Yes. How long?—A long time. Nearly all your life?—No, not so long as that. A good many years? I have not been at home long to know her. Now, tell me who wrote that letter?—I don't know, no more than baring it come to the house. Who wrote the letter?—I do not know. Was not that letter written by your direction, at your request?—No. Be careful; had you never seen that letter till it came by the post?—No. Did you ever go to Day's friends to ask for money?—No. Be careful; did you never go with Mrs. Woodfield to Day's friends to ask for money?—No, I showed her the house, and told her where Day lived. Was that when she went to get money?—I do not know what she went for. Did you ever live with your aunt?—Yes. Where?—At Brentford. How came you to leave her?—Through a fall out. What was the fall out about?—Because I fetched beef-steaks instead of muttonchops. Do you mean to say that on your oath?—Yes. On your oath did not your aunt accuse you of stealing?—No. Be careful; did not your aunt send you away because you had robbed her?—No, sir, she did not. Do you ever go to see her now?—Yes. When?—I dare say it is about three months ago since I have seen her. How long is it since you lived with her?—A twelvemonth. Did you ever stay out three nights from home?—Never; I staid out one night, at my grandmother's. Did you ever attempt to drown yourself?—No, sir, I did not. Be careful; did not you stay out for three nights, and did not your father behave unkindly to you in consequence; and did not you attempt to drown yourself?—No, sir, I did not.
Nothing of the sort?—No; the reason 1 fell out with my aunt was, that she hit me, and I left her. I thought you said it was because you brought beef-steaks instead of mutton-chops? MR. COMMISSIONER GURNET. That was the fall out. By MR. PAYNE. How long did you live with her?—Five years. Did you not go to shops, mercers', and get things in your aunt's name, and was not that the reason she turned you away?—No. How lately before had you seen Richard Roberts before you were put into the cab?—A fortnight What is your father?—A rope-maker. What did you go to your aunt's for about three months ago?—To see her. How long did you stay, a minute?—No, sir, I staid all day. Do you mean to say you have ever been allowed to go to your aunt's house since the time you left, having lived five years with her?—Yes. Was your aunt at home?—Yes, Now, did you say to Mrs. Woodfield, 'Don't split, for God's sake, for I shall be a ruined young woman? '—I did not. Did Mrs. Woodfield ever write any letters for you?—No. Upon your oath, has not she several times written letters for you at vow request?—Never; I never spoke to the woman till she came to my father's house; all that I knew her by was telling fortunes. Did you call on Mrs. Woodfield and ask her to write some letters, one addressed to you, and another addressed to your father?—I did not. Did she ask you why yon wanted those letters written?—No. And did you answer, 'It is only a lark, Mrs. Woodfield, with Richard Roberts and a lot of us? '—No. And did you say, 'You must write it in a man's hand, for my young man's hand will be known, and spoil our lark? '—No. And did she not write the letters, and did not you take them for the purpose of putting them into the post?—No. Did not a person open the door to you, and did not you say, I want to see Mrs. Woodfield, I want a letter written? '—No. Did Mrs. Woodfield come to you before the last examination of the prisoner and entreat you not to go up and appear?—No, sir, it was after the first examination; she said she had beard the case in the paper, and that father would want a little of her assistance; she came to father's house; mother told her she knew nothing about it; she said she could give him a lift, one which would take him across the herring-pond; mother said she knew nothing about it, it was in the solicitor's hands; and she told me she did not mind taking a false oath for any one for a shilling. Was not one letter written in blue ink, by Mrs. Woodfield, for you?—No. I ask you once more, did not you say to her, 'Don't split, for God's sake, for I shall be a ruined young woman,' and did not she say, 'You don't mind ruining the young man? '—No, there was no such conversation between us; she wanted me to go to her house and have my planets told, and then I could find out the writing. Re-examined by MR. HORRT. Do you know Mrs. Woodfield?—Yes. What is she?—A fortune-teller. You knew her in Limehouse as a fortune-teller?—Yes. How came you to go with her to Day's house?—By her persuasion; she asked me to go and take a walk with her, I said, 'No;' she said she wanted to see Mrs. Ellen, and I went, and then she asked me to show her the house. Was that all that passed between you?—She told me, going along, that she would help me over it, and she would give him a lift. Are you, or are you not, on good terms with your aunt, now?—Yes. Have you been so for some time past?—Yes. MR. HORRT. And all the other questions which have been asked you are untrue. By MR. COMMISSIONER GURNEY. Who did you go with to the house when you saw Day on the Saturday?—With my sister. Anybody else?—No. Did anybody point him out to you?—No, he was sitting at the table with a pint pot, and I said it was him, and somebody
said, 'Done,' and Day turned his head. How did you know where Day lived?—By going with the officer to his house when he was taken." The witness was afterwards re-called, and examined by MR. COMMISSIONER GURNEY as follows, at the request of MR. PAYNE: "You stated your age was nineteen last March?—Yes, I have my register here (handing a baptismal register to MR. COMMISSIONER GURNEY. By MR. PAYNE. Is your mother here?—Yes." After the examination of other witnesses, the proseculrix was again recalled, and, at the request of MR. HORRY, examined by MR. COMMISSIONER GURNEY, as fallows: "You described a part of the dress of the person who put you into the cab, had he a hat or a cap on?—A cap. What sort?—I cannot describe it; I cannot remember what sort it was. Was there anything about his mouth; was there anything you noticed about him except his cap, coat, and trowsers?—Nothing."
MR. BUCKLER. Cross-examined by MR. HORRY. Q. Did you take a note of the examination of Francis Helyer, the policeman? A. I did: he was called for the prosecution; also, Richard Roberts, John Bowie, Eliza Randall, William Tindal Robson, Ann Newman, Mary Ann Roberts, George Allen, and Dorcas Dickens.
WILLIAM DAY . I am a barman. On 20th May, I was tried here for an assault, among other things, on the defendant—I know Ann Harriet Newman—I did not know her before 31st March—I did not cause any letter to be written to her, requesting her to meet me—I did not go to the Ben Jonson, at Stepney, on 31st March—I did not see the prisoner that day; the first time I saw her was 5th April; it was at the King John, Holywell-lane, about half-past 11 o'clock at night—I did not ask her on 31st March if her name was not Newman—I did not go into any cab with her, or have anything to do with her, either on that, or any other day—I know Roberts—on 31st March, between 3 and 4 o'clock, I left Mr. Deakins, the Crown, at the corner of Holywell-lane, Curtain-road, where I lived as barman—I went to Mary Corran's, 10, Gloucester-street, Curtain-road, and asked for a lodging there; I was not able to get one, and went from there to the King John, Holywell-lane; I stayed there a half or three-quarters of an hour, and from there went to my father's, at the corner of Old-street and the Curtain-road—one side of his house is in Old-street and the other in the Curtain-road—it was about 5 o'clock when I got to my father's; I remained there about three-quarters of an hour; I had my tea there—I had on green cloth trowsers, a black satin waistcoat, the same handkerchief which I have on now, a black frock coat, and a cap—I had not corduroy trowsers that day; I had a pair, which I used to wear at my work; Roberts has seen me in that working dress—when I left my father's house, I went to the Angel, in Fenchurch-street—it took me about a quarter of an hour or twenty minutes to get there from my father's—I remained there about ten minutes—I left about 7, and went across the road to the Black wall railway-station—I went by the railway to Poplar—I do not recollect by what train; the trains go every quarter of an hour—it was past 7, as near as can be; I cannot say to a minute or two—when I got to Poplar, I went to Sarah Oram's, who is now Mrs. Wells; I remained there about two hours, and then returned by the 10 o'clock train by the same railway, and went to the Angel, in Fenchurch-street again; I remained there nearly three hours; when I left it was near upon l—I then went to the King John, Holywell-lane—I do not know whether that is called a night-house, it was open then—I got there a few minutes after l—I remained there three quarters of an hour or an hour; I went there to see Charles Keene, the waiter—I intended to go home to my
father's to sleep, as I had not got a satisfactory answer about my lodging; my father had accommodation for me; I left the King John about 2, and went home, my mother let me in—I sat in a chair for a time, and afterwards, lay down and went to sleep—I never went out again that night—I did not go into any strange house, where there were three gentlemen, or get the prisoner into a cab, and put her out into a dark street; nothing of the sort—I knew nothing about her till 5th April—I saw Roberts on 1st April.
Cross-examined by MR. HORRT. Q. You were tried on 20th May and convicted; you heard the verdict of guilty against you? A. Yes; I was sentenced by the Judge to twelve months' imprisonment—I was present when my witnesses were called—my father was not one of them—my mother was; she has been very poorly since, and was not expected to live—she will be here, but she is as poorly as she can be; and my father is lying ill with the gout—I came out of prison on 15th July—I was in Coldbath-fields Prison—I saw nobody while I was there but the officers and the chaplain—no person came to me the whole time I was there; neither father, mother, or any friend; no one but those connected with the prison—I got out, by a memorial sent to Sir George Grey—I do not know who sent it—I have seen Mr. Field, Mr. Talbot, and Mr. Pelham to thank them for it—I believe Mr. Field is the collector to the Society for the Protection of Young Females; I do not know it—I have to thank all of them, I did not know one from the other, I was in prison—I know Mr. Talbot—I saw him to thank him for it—I do not know that an action has been brought against him by this defendant—I knew Roberts before; he was a witness against me on my trial—I know that he and the defendant are married now; they were married in June last; they told me so themselves—they sent me a notice that she would surrender, and told me so—I do not know whether they lived together, or that Roberts cannot give evidence now—I have known Roberts about six yean—I saw him while I was in the House of Detention; I did not send for him—I do not know whether my grandmother sent for him—I saw my grandmother in the House of Detention before my trial—Roberts gave evidence against me.
Q. Did you not hear him say, in consequence of a communication made to him by your grandmother, he came to see you at the House of Detention? A. I cannot say, I was fixed at the bar—I saw him give evidence—I cannot tell you how he came to call on me—I did say to him in the House of Detention, "This is a bad job; you know all about it."
Q. Will you be certain it was not" Do you know anything about it?" A. I will tell you what I said; I said, "You know all about it"—I did not say, "Do you know anything about it?"—! will swear that—Roberts did not say, "No, Bill; I understand it is you that knows about it"—I swear that—he said to roe, "Bill, it is a bad job; I think I know who is the guilty party"—I did not say, "You are the only one that can save me from going to the Old Bailey"—I know what I did say to him; if you will allow me to say what I did say, I will—I did not use the words "Old Bailey"—nothing of the sort; I swear that—he did not say, "Well, Bill, I won't say anything about that, it is a bad job"—if yon will allow me I will tell you—he said, "It is a bad job"—I said, "Yes, it is a bad job, and you know about it"—he said he believed it was a young man named M'Donald, and he meant to summon him up, and there was a girl who was frequently going to a dance.
Q. Now Roberts is here, do you persist in those answers? A. Yes; I did not ask him if he should see the girl Newman—nothing of the sort, only what I have just said.
Mr. ALDERMAN THOMAS QUESTED FINNIS. On the day of the trial in question, I was on afternoon duty—the trial commenced in the morning—I think I relieved Alderman Lawrence—the case excited a great deal of interest—I am quite satisfied I was there after 1 o'clock, and I did not leave the Court again—I think I heard the opening speech, but it is difficult to say—I think I recollect the defendant's face—I was there during the most important part of the case, but cannot say whether I was there when Mr. Horry made his speech, or when the girl was sworn.
ALFRED HENRY WARDELL . This name of Alderman Lawrence, in the Minute-book of the Third Court, is in my writing—when Day was tried, Mr. Russell Gurney and Mr. Alderman Lawrence were on the bench—I recollect the case—I think Alderman Lawrence was on the bench at the time this woman was sworn—she was the first witness sworn—I think I can say to the best of my belief Alderman Lawrence was there when she was sworn.
Cross-examined. Q. Do you recollect that sometimes the learned Judge was left without an Alderman? A. I do not think so, I think it was a very interesting case, and that the Alderman stopped the whole time—I do not think that several Aldermen came in and out—I fancy Alderman Finnis was there some part of the time—I cannot say that he was there at the commencement, but I think Alderman Lawrence was, and I have some recollection of it, or I should not have put the name down. MR. ROBINSON requested the Court to amend the record by inserting the name of Ald. Lawrence in the caption. The COURT considered that as the amendment could not injure the accused in her defence, it might be made, but that it must be done by substituting the name of Mr. Ald. LAWRENCE for that of Mr. Ald. FINNIS, which was accordingly done.
WILLIAM DAYIS . Cross-examination continued. I did not ask Roberts if he should see the girl Newman—I said, "It is a bad job, do you know about it?"—I tell you what I said, and I cannot say any more—I said, "It is a bad job"—he said, "Yes, it is"—I said, "You know about it"—he told me he believed it was a young man named M'Donald, he meant to summon him up, and likewise be meant to summon a sailor up—I did not ask him whether he should see the girl Newman.
Q. Did not you say to him, "If you possibly can see her, do, and ask her to cry and make a flaw in the indictment?" A. Yes, because I knew I was innocent;—he did not say he could do no such thing, or anything of the sort—he afterwards bade me good-bye—I asked him why be called on me—he said he wanted to know about it, and I said, "You do know about it"—I mean to represent that—I met him at the Standard Theatre on 1st April—there was some young man there—I do not know that it was John Bowie—there was a boy called on the trial—I do not know whether that was the boy who was with us that night—I did not tell them then that I had had a fine lark last night with a girl, if Bowie and Roberts say so, it is false, or that I had driven her all round Poplar, Stepney, Charlton, and Woolwich in a cab—I said, "Roberts, how about this what your mother has been telling me this morning?"—he said, "What?"—I said, "Your mother says you have been taken to the hospital to see your girl lying there; it is a bad job; she did not know where to go to find you this morning when I went to pay for my washing"—he did not ask me where I left the girl—he asked me where I was yesterday, and I told him—we afterwards went to have a drop of beer together at the King John—he did not ask me that I recollect, "Did you leave the young woman any where near Sutton-street, Clerkenwell?"—just allow me to think, he did say something, I will tell you in a minute if I can recollect; well, I cannot recollect the words—I will not swear he
did not say that to me—he did say something, but I have no recollection of what he did say—it was on 1st April—I did not say to him, "I think it was somewhere about there," or, "Well, I am not certain, it was somewhere about there"—I cannot remember what he did say, but if anything passed between him and me it was who should pay for the pot of beer—I am quite sure I did not say, "I think it was somewhere about there"—I have no recollection that he said anything about Sutton-street—I recollect going to see his mother on the morning of 1st April, at 96, Curtain-road—she washes my clothes as a laundress—I went to pay her for my washing—I had just left my place on the Monday—I did not ask her if Dick was at home—I can tell you what she said to me, and what I said to her.
Q. Did not she say, "No, he has been taken out by a policeman before 7 o'clock, for a young girl has been put in a cab and had chloroform given to her, and is taken into the hospital?" A. Some of those words, but she did not say about chloroform and a cab—she said her son had been taken out by a policeman to the hospital, where the girl was lying, that there was something the matter with her—I said, "Which hospital?"—she said she did not know—I said, "If you can find out, I will go with you"—she said she could not find out, he was always in a mess—she gave him a bad character, I know—she said she was almost out of her mind about him, and did not know where to go—I did not say to her, "I am in a pretty mess, like him, for I have had a girl in a cab, and do not know whether I shall get into a row or not," or, "whether I shall be punished"—I am quite sure about that—I recollect the policeman taking me—I was called out of the King John—I did not see the defendant come into the room first—her sister came in—I was then called out, and then saw the defendant—the policeman asked her if I was the person, and she said, "Yes" directly—the landlord called me out—I was called out twice—the policeman said, "You are wanted for a job with some girls; you had better come out, and see if you are the man"—I said, very well, I would come; and I did so—I was collared by two policemen and Mr. Allen, and was taken to the top of Holywell-lane, where I saw Newman and her sister walking along in front of me as I was going down the lane. Q. Were the words you said to Bowie and Roberts," There you are, Dick, I had a by spree last night along with a girl?" A. No; I said before and I will tell you again; I told you what I said; I will not deny what I do not know—I did not say, "We drove all round Limehouse, Stepney, and Poplar, and two or three other places I cannot think of;" I can tell you what passed—I know Charles Keene—I will swear I was at the King John that Monday evening—Monday was the 31st; Monday I was their, and Tuesday too.
MR. PAYNE. Q. You have been asked about Mr. Field, and Mr. Talbot; did the Society in the first instance take up the case against you? A. I cannot say, I heard that they did; Mr. Talbot told me so—I believe they at first took it up, and then gave it up.
MR. HORRY. Q. Do you know George Deakins, a licensed victualler, the person you left; were you not discharged by him? A. I gave him notice to leave, but he sent me off a week before my time was up; be did not charge me with having taken articles, and money from the till—I gave him notice—I know he is here—I had got a great number of letters in my box, addressed to a variety of persons—I had not got a variety of letters written by myself in my box; I do not suppose there were above three letters—I do not know that Mr. Deakins found a great number.
MR. PAYNE. Q. Did Mr. Deakins give yon a character to Mother place? A. Yes; and I got it on his recommendation—some letters were produced on
my trial respecting Ann Newman, but not any found in my box, to my recollection—there were none found in my box written by me to other people—I have not, since the trial, seen the letters which were given in evidence, they were produced by Mr. Lewis, and shown to the girl in the witness-box, and read in her hearing on the part of the prosecution—Mr. Talbot is the secretary of the Society; he told me himself he had come on purpose to prosecute me, but he saw I had proved an alibi by seven witnesses, and he had thrown it up—after that, he and others interested themselves to get me the pardon from the Crown—I was in prison, I did not know who got it up—it was about nine o'clock in the morning when I went to Mrs. Roberts's to pay for my washing; that was when she told me about her son being locked up—the defendant's sister came into the public-house, not the girl herself; but when I came out they were together walking on in front, and we got up to them—before the landlord called me out, the sister came and looked at me, and then she came again, and I said, "Oh! is it you?" because she had been before and asked for Richard Roberts; and as I knew her, I went out to speak to her—Roberts was not there, but he was close handy, for I saw him along with the girls—I had not known the defendant or her sister before—I saw Roberts near, and followed the two to the station-house—the prisoner and her sister were together at the time—I said, "Oh! is it you?"—before that the sister had been into the public-house twice, once when she came to ask for Roberts, and once when I went out to her—I had not seen the prisoner at all till I was outside the place—I saw Roberts following me to the station, 200 or 300 yards behind—I had seen him ten minutes before I was taken, and Mr. Allen, the policeman, was waiting there the whole of the time.
JURY. Q. Had Roberts and you had any quarrel previously? A. No; I had not been with him above twice for two years; once was about last 5th Nov. twelvemonth.
COURT. Q. You had not seen him for two years? A. I had not spoken to him, I had not been in his company two hours together for two years; he has been about Pentonville, and I have been quite the contrary way.
MR. PAYNE. Q. Did you know Mrs. Wood field at all before you were taken before the Magistrate? A. No; I heard Roberts say on the trial that he had had no quarrel with Harriet Newman before 1st April, and that he had seen her some time in the previous week, and they had parted good friends.
MART ANN CORRAN . I live with my father in Gloucester-street, Curtain-road. I know William Day—on 31st March he called on me at about half-past 2 o'clock, and asked if be could leave his box at my place; I told him yes—he left it, and came again at about half-past 4—he asked for a lodging, and I told him my father was not at home, and I could not give him a decided answer—he remained about ten minutes.
Cross-examined. Did you know him when he was in Mr. Deakin's service? A. Yes; I first heard that he was in custody on the Sunday afternoon, as he was taken on the Saturday—) went before the Magistrate—I cannot say exactly how soon that was after he was taken—I am quite sure I saw him on 31st March, because he left his place that day—my father had a notice that day from his Society, a Teetotal Society, that is the reason I know it was 31st; it was a notice for the 31st—I swear that paper was not left on the Monday, 7th April, but on that very same day.
MR. ROBINSON. Q. You say you know it because he left his place that day, you know at any rate that he left his box? A. Yes.
called on me that afternoon, about teatime, between 5 and 6 o'clock, of about that time—I had been laid op with the gout three months—my wife is ill now, and incapable of coming here to-day—she was at the trial—I was just recovering at that time—I only saw my son for a few minutes—he had been to inquire for a lodging next door—he had tea at my house, but I did not see him—I came home, and found him there.
Cross-examined. Q. You were very much afflicted at that time? A. Yes; I had been confined three months previously, and had walked out that day for the first time—my wife came here at my son's trial—I could not come—I was here one day, but with great difficulty—I was not called as a witness—my wife testified to the fact of his being at home—I was here the day my wife was examined—I know it was 31st March that my son came and had tea with us, by knowing it was the day be left his situation—I was aware previously that he was about to leave—he had told me three or four weeks before that he had notice—I did not know that he would leave that day—I know he quitted that day—I cannot say that I knew when the notice expired—I know from no other source except what my son said to me—I understood the notice expired on 31st March—I do nut know the exact day of his discharge—I never heard it from him.
COURT. Q. Do you mean to represent that your son told you his notice expired on 31st March? A. Exactly, that he quitted that day; I believe his master gave him notice—I only know when he left—I know nothing at all about whether he gave notice, or his master.
MR. ROBINSON. Q. How long did you remain here on the occasion when your wife was examined? A. About two hours, I dare say; my wife was at home with my son when I went home on 31st March—I cannot say how long they had been together.
HARRIET GOODEY . I live in the Curtain-road, within one door of Day's father's. I remember, on the evening of 31st March, young Day coming to my place—I had a bill in my window stating I had a bed to let, and he came to inquire if I had one to let—it was about half-past 5 o'clock, as near as I can tell; it was past 5, but it had not gone 6—my house is in Charlotte-street, which runs out of Curtain-road—it is a very long way from the Ben Jonson at Stepney—I could not accommodate Day, as the young man who was sleeping in the bed was not going to leave that night.
Cross-examined. Q. You have not been a witness before in this Court? A. Yes; I was here, and was called—I remember this was on Slst March, because the young man who was sleeping in my bed left that night—I did not know he was going to leave, and he was bound apprentice to a Mr. Lacey—I am quite sure it was not 30th March, or 1st April—I particularly noticed the date—the next morning was 1st April—Day had not got on a pair of corduroy trowsers—he bad a dark coat on, but I cannot say whether it was black—I was not asked to attend as a witness for him till he came to this Court—I was not asked to go before the Magistrate—I was summoned to attend in the course of the same week that the trial occurred.
JANE BROOKS . On the evening of 31st March I was at the Angel, in Fenchurch-street—I am bar-maid there, and am the niece of the person who keeps the house—I saw Day there, between 6 and 7 o'clock, and he had a pint of half-and-half, with a female of the name of Mrs. Roberts, who cleans for my aunt—Day came in with her, and went out with her—he paid for what was had—he was giving her something to drink—he remained some minutes.
COURT. Q. Do you know Richard Roberts? A. No, nor his mother.
MR. ROBINSON. Q. What time did they leave the Angel? A. I believe
at 5 or 10 minutes to 7, or it might be a little more; I will not be sure—Day was at our house again about half-past 10, or a quarter to 11, and had a glass of half-and-half—he remained till about l—all the people had gone out of the house, and he happened to fall asleep in a corner of the tap-room—he was quite alone then—I did not notice whether he had corduroy trowsers on or not—I know he had rather a darkish coat on, but I cannot say whether it was black or not—he had a scarf round his neck, with red in it, and blue or green at the end—I have not seen him with that to-day.
Cross-examined. Q. Have you seen that gentleman (Mr. Reeve) since the trial in May last? A. Not that I am aware of; there are a great many people come to the house—I have not seen him to consult about my evidence to-day—I have seen no one about my evidence till I came up here—no one has taken it down—before the last trial I saw a gentleman who was up here before, he was a lawyer; I believe his name is Pelham—I know this was on 31st March, because there were some men standing at the bar having some rum, and they said the next day, 1st April, was their birthday—it was not Tuesday night; it was Monday night—when the customers came in the morning I told them it was 1st of April, and I asked one customer, what was in the tap-room, and I tried, in a joke, to make an April fool of him—that was a man named Gardner—I was first asked about the day about a week after, I believe; I cannot say to a day; it might have been a little more than a week—I then recollected it immediately—I first told this story when I came here in May—that was two months afterwards—I was told I was wanted on the trial, to tell how that William Day was at the Angel on 31st March—it was not after that I began thinking of this conversation—I was examined in May—I believe I recollect your questioning me—I told you the truth then—I said I knew it was 31st March by my making out bills, and by the young men standing at the bar drinking rum—they were bills I made up from week to week—we were rather busy that night—there were a good many people; I cannot say whether there was as many as 100—perhaps I had served as many as 100 between 4 and 8 o'clock; I had not counted them.
MR. ROBINSON. Q. How long have you been in the habit of seeing Day? A. About eight or nine months—I said at the trial, "I know it was the 31st, because there was a young man at the bar having some rum, who said it would be his birthday on 1st April"—he was a stranger—the Angel is not three minutes' walk from the Blackwall Railway-station, almost opposite to it.
SARAH WELLS . My name was Sarah Oram. I have known William Day between ten and twelve months—I remember the 31st March last—I was then living at Ann-street, Prospect-road, East India-road—Day came to me that evening at about 10 minutes to 8 o'clock, and remained till 5 or 10 minutes to ten—he left me to go to the Railway station.
Cross-examined. Q. You were then at the Guy, Earl of Warwick? A. In April I was, and at the time of the trial, but not on 31st March—I am positive it was 31st March, because on 3rd April I went to my situation, and it was a couple of days before.
MR. PAYNE. Q. How was he dressed? A. He had dark trowsers on, striped with blue—they were not corduroy.
JURY. Q. Had he a hat or cap on? A. A hat.
MR. HORRY. Q. When were you first asked about his trowsers? A. At the Thames Police-court, about a fortnight or three weeks after 31st March, I cannot exactly recollect—I was in the habit of often seeing him—I particularly
noticed his trowsers, as being new—he had a black frock-coat on, and a hat.
WILLIAM SWATTON . I am a licensed victualler, and keep the Ben Jonson—the nearest cab-stand to there is in White-horse-street, near the Blackwall Railway-station—that is about a quarter of a mile off—I believe I was at home on the afternoon of 31st March; I cannot say positively—I did not hear any screams or disturbance opposite my house, and I never heard of it.
COURT. Q. But you are not sure you were at home that day? A. I cannot positively say that—I was that afternoon—I was at home all that week—I never heard any screams, and never heard that any of my neighbours did.
Cross-examined. Q. I believe you are patronised by the cabs? A. No; they do not come to me, they never did—the nearest cab-stand is about a quarter of a mile off—there is a public-house within 100 yards of mine, and another within 150 yards.
GEORGE FULTON . I am a gas-fitter, and reside nearly opposite the Ben Jonson. I cannot recollect whether I was at home about 5 o'clock on the afternoon of the 31st March—I did not hear of any noise or disturbance having been heard about that time in the neighbourhood—I do not recollect anything at all about the matter—I was applied to by the parties to know whether I did, and I said I did not—I cannot even say I was at home.
Cross-examined. Q. Who asked you to come here? A. I do not know; it was not Mr. Field—I know Mr. Pelham, it was not him—they were friends of the young man's, I suppose; they were entire strangers to me—it is a very public road, and very much frequented about 8 o'clock—it is called the Old-road, or Well's road; there is a great traffic there.
MR. ROBINSON. Q. Is it a place where it would be likely a person could, be forced into a cab against her will? A. It might so happen; but it is a place where, if there was any confusion, I should think it must be seen by some one—it is a great thoroughfare throughout the day.
ELIZABETH WOODFIBLD . I am a widow, and now live in Burr-street, Butcherrow, Ratcliffe. I have known Harriet Newman from a baby, and I have known her family above twenty-five years—I did not know William Day before this transaction, or any of his friends—Day never employed me to write letters for him—I never saw him till after he had been committed, and came out on bail from the House of Detention—I remember Harriet Newman coming to me about from 17th to 25th March—I cannot say the day—it was early in the morning, at least about 9 o'clock—I am not an early riser; I sit up very late—I was not up when she came—my landlord, a person of the name of Crockford, who is a shoemaker, and is here, opened the door to her, and told me I was wanted—I asked who it was, and Harriet Newman came to my room-door, and said, "It is only me, Mrs. Woodfield;" and I said, "Harriet, come in; I do not mind you"—I had, before that, repeatedly written letters for her and for the whole family for twenty-five years—she said she wanted a letter written, and she brought some paper in her hand—she dictated it herself, and said it was to meet a young man—I said, "Harriet, what game are you up to?" and she replied immediately, "Mrs. Woodfield, it is only a game between Dick Roberts and I and two other girls to have a game between Dick Roberts and the girls," or "two of the girls," I cannot swear which, but one of the two—she told ire I was to write it in a man's hand as well as I could—I was to write it so, because her young man's band would be known, and it would spoil the lark—she knew I knew Dick Roberts kept company with her—she also asked me to write her two directions, the one was for Richard Roberts in the Curtain-road (I did not know where he resided), and the other was for
her own name in Manning-street, Limehouse-fields—I knew where she lived—this letter (the one produced) is the one I wrote at her dictation—(read—"Monday morning. Dear Harriet,—I wish you to meet me this evening at 5 o'clock, as I have something to say to you particular. I shall wish you to meet me alone, as I shall be alone myself; and will, if agreeable, see you home, and hope we shall be happier than we have been. Yours unhappy, R. Roberts.") directed to "Harriet Newman, No. 8, Manning-street, Limehouse-fields"—I said at the time I wrote this, that I would sooner write three or five letters at my own dictation than write one for another person—I think there was another letter written at that time—she stated that she wished me to write another letter; it was for another party, but it was to be directed to her house to say, that instead of 4s. he would give her 5s.; it had nothing to do with this affair—I borrowed the pen and ink with which I wrote the letter from my landlord—he uses copperas in his ink, and that has given the writing this rusty appearance—I saw this letter at the last trial—it was handed to me, and I just looked at it as I do now—I did not know Day was in custody till his second appearance at the Thames Police-court while on remand—I heard of it from an aunt—on the third day of his appearing I went to Harriet Newman, and said, "Now, Harriet, if you do persist in prosecuting this innocent young man, I certainly shall say what I know"—she put her hands together, and said, "Oh, Mrs. Woodfield! if you split, I am a ruined young woman;" and I said, "If I do not, he is a ruined young man; you are the guilty party, and I would wish to save you both"—from the knowledge I had of the family, that was my wish; but I said, "I will save the innocent"—she then, at my suggestion and wish, went with me to Day's grandmother's in the Curtain-road—Newman's mother spoke of the expense they had been put to at the three hearings at the Court—the prisoner was present—I replied, "Well, I dare say you have; but go with me up to the grandmother's, and perhaps she will give you something towards the expenses;" and we went—I never said that I had beard the case in the paper, and that her father would want a little of my assistance, and I could give Day a lift across the herring-pond—I only went to the grandmother's on account of her mother speaking of the expense she had been put to—we did not get any money—she went for the purpose of seeing whether the grandmother would pay—I remember the circumstance of the prisoner living with her aunt, whom she robbed—I did not see her there, but I remember the time; it was bout two years ago.
Cross-examined. Q. You were not before the Magistrate on the hearing of the defence of Day, were you? A. I was not—I was at his trial here, and gave evidence for him, the evidence I have given to-day—he was convicted—I have been getting my living since May last the same as I got it before, and I think you ought to know it; by letter-writing, and I have brought you 12 briefs, Mr. Horry—you will allow me to say that my clients have been very poor indeed, and I have paid for the depositions out of my own pocket, and I have paid you 7s. 6d., 10s., and 12s. at a time—I must tell the truth—you received me at your chambers as a lady—I get my living by writing letters, petitions, or any formal documents that are to be written, briefs occasionally—perhaps I go by the name of the female lawyer, and you go by the name of the cheap barrister—I am sorry to make these remarks in Court, but you call for them.
Q. You act as a fortune-teller, do you not? A. I have told your fortune very pleasantly when I have come to pay you—I have given you a brief within these two years—I do not get my living by telling fortunes—I was never in the House of Detention in my life—what do you call the House of
Detention?—I was in prison for an assault—a woman spit in ray face, and I had a pint pot in my hand, and I gave her a crack on the head, and I would do so to you if you offended me—I was never taken to the House of Correction for fortune-telling—I say that in the presence of sergeant Redman—I was never put into the van by sergeant Redman, and taken to prison for telling fortunes—I have only been with sergeant Redman once, when I knocked the woman with the pot—I have been twice in custody for assaults—I was fined on each occasion, and I could not pay—I have not been in the House of Correction or Detention except for the assaults—I get my living by writing—I wrote for you a short time ago—it is not a long time ago, if you will refer to your briefs—I have a copy of the last petition I wrote in my pocket—you will see the date of it—I never wrote for William Day—I never knew him—this petition (produced) is the last I wrote—I wrote it two days ago—I was employed to do it about last Thursday by a man of the name of Doyley—this is a copy—I am employed daily by persons wanting letters written—I wrote a letter the other day for a person of the name of Smith—I cannot tell you who or what he is—he came to my house to have it written, and I wrote it—I see no more of the people—that is the way I get my living—I took so active a part in Day's defence, that I would not see a young man committed to prison when I knew he was innocent—I did not go before the Magistrate when he was in custody—I did not know of it till it was too late—I did not know he was in custody till he was committed—I do not recollect when he was committed—I know there were three examinations, and the day before the third examination I went to Harriet Newman, and begged her not to prosecute that innocent young man—that was before the last bearing—I did not go to the last hearing because I thought the girl would never appear—I thought she never would have the impudence to appear—I was at the police-office—I am there every day—I did not go in, because I thought she would not appear—I can get into the office whenever I like—any of the clerks will open the door for me—I think I have helped to take out subpoenas for Day on one or two occasions—I have not seen all the witnesses that have been examined to-day, I have some—I saw Mr. Field a few days ago, and spoke to him about this case—I have not been active in getting up this prosecution; I have had very little to do with it—I was subpoenaed to give evidence on Friday or Saturday, not before—I knew the trial was to come on the first day of last Session—I was aware the bill was found—I was not spoken to about coming on the trial till I was subpoenaed.
MR. PATNE. Q. Why did you interest yourself about the last trial? A. I went to Harriet Newman, and intreated her not to prosecute that innocent young man, that she was the guilty party, because she had the direction written as well as the letter—I did not interest myself at the request of Day, for he did not know me, or know where to find me till I went to his grandmother's.
ROBERT CROCKFORD . Mrs. Woodfield is my lodger, and was so in March last—I know the prisoner, she called in March last, and said she wanted Mrs. Woodfield; I knocked at Mrs. Woodfield's door, she said to the prisoner, "Come in," and I went to my own room—Mrs. Woodfield afterwards came to my door, and asked me to lend her a pen and ink, she wanted to write a letter—my ink had got copperas in it, it was bad—it is what I use for doing my shoes with.
Cross-examined. Q. You have been out of Court while the trial has been going on? A. Yes; I have had no conversation with Mrs. Woodfield about the evidence to be given to-day—I said at the last trial that there was
copperas in the ink; this is not the first day I have said it in any Court—there is copperas in it when I buy it, but I put more in for my own use—the first time I mentioned it was when I was here last time in the month of May—Mrs. Woodfield has not told me something about it, or I her—I can produce the ink-bottle if you want it.
MARY ELIZABETH NAPPER . I am the prisoner's aunt, and live at Brentford; I am a widow. She lived with me a great while, and left in Feb., two years and ten months ago—(MR. HORRY objected to evidence affecting the prisoner's character, as she had no opportunity of denying on oath what her aunt said. MR. ROBINSON contended, that as there was an assignment in the indictment that the prisoner had said her aunt had never charged her with robbing her, and that she had never attempted to drown herself, it became material to prove it. The COURT considered that the evidence ought to be admitted.) I know a Mr. Marriner, a waterman, and Jane Neale, and Thomas Honeybone—the prisoner did not leave me in consequence of having fetched beef-steaks instead of mutton-chops—we did not fall out, and I did not turn her away on that account—I did not accuse her of stealing—I missed a 10l.—note, and chastised her about it—I charged her with having taken it—she did not buy a gold watch with it, it was a silver one—she did not try to drown herself, she only did it purposely to frighten me, because I was going to send her away; she threw herself into the river; my place is close to the Thames—she could not get in because the gate was locked, and she jumped from the palings—Marriner did not bring her in, I fetched her in myself—I have never seen her since she left me; this is the first time I have seen her for these two years—my sight is not very good, but I am sure it is her.
Cross-examined. Q. How long is it since she called on yon? A. I have not seen her for these two years and ten months—she lived with me five years off and on—I was first asked to come here, last Thursday, by Mr. Field.
THOMAS HONEYBONE . I am a watchmaker. I have heard of a charge being made against the prisoner, but I never taw her in my life before—I heard of her throwing herself into the river; I did not see it—she did not change a note with me personally; there was a note changed—I have seen a silver watch in the hands of her aunt.
JANE NEALE . I know the girl at the bar—I recollect when she was living with her aunt, two years and ten months ago—I recollect a charge being made against her by her aunt, she was not present—I have bad no conversation with her on the subject—I saw her throw herself into the river—she did it by climbing over some palings, and jumping into the Thames—it was about 10 o'clock in the morning, or half-past—I do not know the depth of the river, a waterman brought her out; she was wet; I assisted in undressing her—it was not many minutes before she was brought out; she was quite sensible.
Cross-examined. Q. Was it the Thames running by the gardens? A. Yes; she ran down hurriedly to do it.
JOHN MARRINER . I am a waterman, of Brentford. I recollect some tine since a girl throwing herself into the water from Mrs. Napper's house—I picked her up, put her into my boat, and delivered her on to the shore—I cannot say how deep the water was—it was above a foot—there is a bed of mud which extends pretty nigh to low-water mark—I do not know the defendant, she has altered so.
of Brentford. I know Mrs. Napper very well, and recollect her niece, who lived with her, stealing a 10l.—note—to the best of my belief the defendant is the person—she charged her with it in my presence, and said she had attempted to drown herself.
COURT to MR. WAUDELL. Q. you were the officer of the Court when Day's case was tried? A. Yes; I should say I took Day's plea—only the letter "p" on this indictment is my writing, and that is afterwards erased; there is nothing here now which enables me to speak to what the prisoner pleaded to—I believe I took the plea; I have every reason to believe I did, and that he pleaded not guilty—this "puts and surrenders" in the book is in my writing too—(MR. STRAIGHT here explained to the Court, that when a prisoner is called upon to plead, instead of putting, "puts himself," the letter "p" is put, and afterwards the minute is made on the record.) I have every reason to believe that I did write "p "—I can say that the prisoner pleaded not guilty—this entry in the book was made by me; the whole of the minute in the book is not in my writing; "surrenders and puts himself" is in my writing; I wrote it directly after the prisoner pleaded, while the case was going on, and on this occasion I have copied it myself on to the face of the indictment; I have written "Surrenders and puts himself, Jury say Guilty on the 3rd, 4th, and 6th Counts only"—that is according to the usual practice of this Court, putting "p" in the first instance, then putting "p "in the minute-book, and afterwards copying it on to the indictment—these are the minutes from which the record would be made up if required.
MR. HORRY to WILLIAM DAY. Q. Who was it that first spoke to you about preferring this indictment? A. Myself; I spoke to the Chaplain of Coldbath Prison, and after I came out I acquainted my friends with it—I have found all the expenses of this prosecution; it has cost me about 30l. since I have been out of prison, me and my friends—it has all come from my grandmother—I have had to pay all the witnesses—I wanted advice, applied to Mr. Field, and he helped me, not with money—I went before the Grand Jury in the first instance, and did not go before a Magistrate.
COURT to MRS. WOODFIELD. Q. Look at that paper; is that one of the directions you wrote? A. Allow me to put on my spectacles; I wrote two directions, this is one of them; if you wish to see my handwriting I will give it you—it is to Richard Roberts—I wrote it some time in March, it was about the time I wrote the letter; she said I must write them in the same hand as a man if I could, or it would spoil the lark if I did not—these are the two directions I wrote by her dictation—(they were on the same piece of paper)—I wrote them both on one paper.
MR. HORRY called the following Witnesses for the Defence.
FRANCIS HELYER (policeman, G 47). I was a witness, in May last, on the trial of William Day, on the prosecution of the defendant—I recollect seeing her on the morning of 1st April, at half-past 1 o'clock, at the step of a door in Sutton-street, Clerkenwell, in a very exhausted state, almost insensible—I found this paper in her right hand—I took her by the right arm and tried to lift her up—I found she could not stand, and sent for another constable—we took her on a stretcher to the station, and the inspector ordered me to take her to the hospital—I stopped with her while the other constable went for a stretcher—she was in such a condition that we could not detain her in the station—we took her to the hospital immediately, five minutes afterwards, and left her in the care of Mrs. Randall, the nurse—I did not take particular notice of her clothes when I found her—the backs of both her hands were
smeared with blood all over—I had no opportunity of judging how the blood came there.
Cross-examined by MR. PAYNE. Q. Was there no mark or anything to account for the blood? A. No, I did not observe whether her gown was torn, or not.
Tuesday, December 6th 1851.
MARY ANN ROBERTS . I am a widow, of 96, Curtain-road, and mother of Richard Roberts. I know William Day—he came to me on the morning in question, about half-past 9 o'clock, to pay for some washing—he asked me if Dick was at home—I told him no, he was taken out that morning by a policeman, concerning a young girl who was taken away in a cab, and had the chloroform given to her, and was in some hospital—he said Dick was in a by mess, like him; he had bad a fine game in a cab with a girl the night before, and he did not know whether he should be punished, he did not know, and he did not care—he did not say anything about chloroform, I did.
Cross-examined by MR. PAYNE. Q. Did you say anything about your son being always in a mess himself? A. No, he never was in a mess, not of any consequence—he has quarrelled with his playmates, but he never was in any mess—I washed for Day six weeks, and he came to pay me part—my son had been taken away about 7 o'clock that morning, and was then in custody, I suppose—he had come home the night before between 11 and 12, it might be past 12—I will take my oath it was not past I—I did not look at the clock—he was quite sober—I did not tell Day he came home at 2, nor that he was drunk—he was drunk in the middle of the day, but slept it off—it was his mistress's birthday, and she thought fit to treat her men, he got more than he ought, and he came home about 3 in the afternoon, went to bed, and did not get up till past 8—he is an optician.
Q. Is he a journeyman to some widow who keeps a shop? A. He does not work there now—they did not agree, and they parted—they discharged one another—my son went out at 9 o'clock, when the girl's sister came for him concerning the letters that were sent—that was Elizabeth Newman, Ann was missing—Elizabeth came to see if my son was at home, and she brought the two letters which had been sent, one to Harriet, and one to her father, after she was gone—I can read and write a little, but I cannot do much—I cannot read writing—I can sign my own name—I cannot say to a few minutes the time my son went out and came home—I did not know there was anything occurred, and therefore I did not notice, the next morning Day came to me.
MR. HORRY. Q. It was on 31st March that your son had unfortunately too much liquor? A. Yes, Newman's sister came about 9 o'clock to inquire about letters, because her sister was missing—it was she that told me about the letters—she brought two letters—I should not know either of them—I did not take them in my hand—I had just been out to take some washing home, and come home, and she was there, and my son and another young man were talking to her—I saw the letter in her hand, they were of this shape and appearance (looking at the letter) but I did not have an opportunity of seeing it so as to say whether the general appearance was like this.
COURT. Q. This was at 9 o'clock in the evening of 31st March? A. Yes, my son was at home then, and had never been outside the door since 3 o'clock—he was there, and saw the letters which Elizabeth brought—he and another young man, Henry Morriss, who they have been trying to make false swear, went out with Elizabeth—my son came home alone—the letters were opened,
and of course they read them—my son was taken on Tuesday morning, 1st April—I do not know the policeman's name and number, I did not see him, I was not up—I spoke to my son that morning—we could not make out who it was knocked at the door, and he went down to see who it was, and came up and said there was a policeman down-stairs, and Harriet's father and sister had come to fetch him, and that the girl had been taken away in a cab—I first heard of it from my son, when he came up-stain to finish dressing himself—he told me about the letters being signed in his name—he had seen them over night, and I had seen them in the sister's band, bat did not take them in my hand—I knew the night before that they were signed in his name, and other letters before had been signed with his name.
ELIZA RANDALL . I am a nurse at the Free Hospital, Gray's-inn-lane. I recollect, on the morning of 1st April, Harriet Newman being brought in—she was in a perfect state of stupor, and perfectly helpless—her limbs were perfectly useless—her gown was torn out of the gathers—I afterwards saw the gown at the trial; it was then torn—she was brought to me at 2 o'clock in the morning—Mr. Tindal Robson, the house-surgeon, was not called at the time; he was then very ill in bed—she recovered so as to be able to speak within an hour after she came in—I went to Mr. Robson, and he gave me orders what to do—I believe he is now in Wales—I do not know how long he has been there, but he has left the hospital three or four months—she gradually rallied and became more rational from the time she came in op to about 10 next morning—she was a great deal more rational then than when she came in, and that increased;. she became more conscious—I did not consider her rational an hour after she was brought in, although she could speak; she only asked for something to drink—it was not until 10 that she had any conversation with me—she then made a statement to the house-surgeon, Mr. Robson, in my presence—that was the first time she made any statement that was gf any particular notice, nothing—that I could make anything of—I was not before the Magistrate on the examination of William Day.
Cross-examined by MR. PAYNE. Q. She was examined by the surgeon in your presence, was she not? A. She was; I undressed her—there was blood upon her hand, or hands—I saw no mark of the blood having come from herself—it was on the back of her hand—I could not say as to both hands, but I know it was on one, because I particularly remarked it—I did not observe any dirt with the blood—her hands were covered with blood and dirt—it might have been on both hands, but I know there was upon one—both hands were dirty, and I particularly noticed blood on the back of one—I do not remember seeing any appearance of her having been treated with violence when I undressed and examined her—I was examined here in May—there was no appearance of violence to her private parts; nothing of the sort.
COURT. Q. She was brought into the hospital at 2 o'clock in the morning, was she? A. Yes; quite in a state of stupor—I consulted with the surgeon, and described her symptoms—he ordered me to undress her and put her to bed, and put a bottle of hot water to her feet, nothing else—he did not see her himself till 10 next morning—she gradually rallied up to that time—I went to his bedroom to let him know how she was every hour.
Q. Was there any smell of liquor, or of a drug of any kind, about her? A. There was a peculiar smell, but it was not the smell of spirituous liquors—I have no idea what it was the smell of; it was nothing like chloroform, I think—I have no reason to say that it was—chloroform was mentioned when she made her statement to the house-surgeon at 10 o'clock—she did not mention chloroform before that—she made some rambling statement before that, but nothing, as I said before, that I could make any sense out of till she said it to
the surgeon—she said something about a cab; that was between the hours of 2 and 10—I cannot say exactly at what part of the time—no one was present with her but myself that I remember—she remained in the hospital five days—she was gradually recovering from the stupor—between 10 and 11 next day the house-surgeon gave her an emetic, and she was very sick—she complained of headache—she complained of headache before the emetic was given—the smell was something like peppermint—it was a peculiar smell, but I really could not take upon myself to say what smell it was—I have frequently seen chloroform administered—the length of time in which it takes effect is according to the strength it is given, according to what the patient will bear; sometimes the effects will last till the next day—it is sometimes necessary to repeat the application to continue the stupor if the patient does not take it well at first; if the patient does take it well, it will last, I should say, about half an hour, or an hour, or not quite so long—the stupor does not come on immediately on the application, sometimes in five minutes, sometimes in ten minutes; some will take it much quicker than others—I never saw an instance where chloroform was administered, and stupor came on in an hour or two afterwards—I have been in the hospital very nearly two years—she was in every appearance as a person would be were they in a state of intoxication, perfectly helpless and perfectly senseless—as I said before, she gradually recovered; and when she gradually recovered she complained of a severe headache—that is not an uncommon consequence, either with chloroform or drink—chloroform will leave the same effect, a sickness and headache-vomiting very frequently follows upon chloroform—she did not vomit until after she had had an emetic, but complained of great sickness—chloroform generally produces sickness without an emetic—there are medical drugs that would produce stupor; an overdose of laudanum would do so.
JURY. Q. Did you see what she brought up from her stomach after the emetic? A. I did; there was nothing in it of any character whatever, not of drink, nothing that would enable me to say what it was—there was no smell of beer that I could detect.
COURT. Q. Was there still that peculiar smell you have talked of that you could not say what it was, but something like peppermint? A. There was; but I could not say what it was, nor I believe could the house-surgeon either, and he strictly examined it—I kept it until he came—I do not remember what remark he made upon it—I think he said she might have been drinking; there was nothing in it, but she might have been drinking—it was something to that effect, I cannot tell the exact words—it was said in her presence—I am not able to give an opinion as to how long the smell of a drug would be perceptible in the contents of the stomach.
COURT. Q. Why has she gone by her maiden name instead of yours since her marriage? A. Well, we did not know they were indicting her; they indicted her behind her back—she goes about home by the name of Ann Harriet Roberts—we were married at St. Philip's Church, Friar's-mount, Bethnal-green—her real name is Ann Harriet Roberts. (The witness, being the prisoner's husband, was not examined.)
JOHN BOWIE . I am an optician, and live in Clerkenwell; I know Richard Roberts. On 1st April I was at the Standard Theatre—I do not know William Day—(looking at him) yes, I know him, but was never acquainted with him—I saw him at the Standard Theatre—I and Roberts were together, and we saw Day there—I think Day said, "I bad a fine lark last night with a girl"—I will not be sure of the words; he said something to the same meaning—he
said, "I drove her all round Poplar, Stepney, and several other places"—he did not mention Charlton and Woolwich—I did not hear Roberts ask him, "Did you leave the young woman anywhere near Sutton-street, Clerkenwell?"
Cross-examined by MR. ROBINSON. Q. you were with Roberts, you say, at the Standard Theatre? A. Yes—I had been with him that day since we had left off work—we worked together at that time—I left off work about 6 o'clock—it was about 9 when this conversation took place—we went to the Standard Theatre about 7—we remained there till it was all over—we did not go with Day—we went and had something to drink when we came out—we went first into the gallery—we met Day there—I do not know whether that was by any appointment with Roberts—I have worked with Roberts about three years—I have not seen Roberts within the last month, nor at all till I was called upon—I was a friend of his—I was not very intimate, only as a workmate—I was not very much in the habit of going out with him after work—I do not recollect anybody saying to Roberts, "You are in a b—y line row" on that occasion—I will swear it was not said—I was examined here in May—Charles Keene said to Roberts, "You are in a by fine row"—he did not say, "about a girl" that I know of—Roberts said, "I don't know what you mean"—I am not aware that Keene on that said, "You will soon see"—we saw Charles Keene at the public-house in Holy well-lane—the conversation about going round by Stepney and other places was in the playhouse—we all went together from the playhouse to the public-house to get something to drink—it was immediately after the conversation in the playhouse that this was said by Keene.
MR. HORRY. Q. What time did you go to the theatre? A. About half-past 6 o'clock—we went out about 9—we then went back to the theatre, and stopped till it was over.
MR. ROBINSON. Q. I believe you were not bound over to appear at the last trial? A. No—I did not come of my own accord—I was told to come—not by Roberts, by the policeman, sergeant Allen.
MR. HORRY. Q. Did the conversation about Stepney, Poplar, and so on, take place in the theatre before you first came out? A. Yes; the theatre closed about 12 o'clock—we did not then go to the King John—I and Roberts then went to the corner—Day left us before the play was over, and went to another part of the gallery.
GEORGE ALLEN (policeman, G 25). On Saturday, 5th April, I took William Day into custody on the charge of carrying away Harriet Newman—I took him at the King John, in Holy well-lane, Shoreditch—Harriet Newman went there with me, and I sent her in first to see if there was anybody there she knew—in consequence of something that passed between us, I afterwards went into the house, and asked the landlord something—Day came out—I did not speak to him before he came out—as soon as he came out of the parlour, I said, "Is your name William Day?"—he said, "Yes, it is"—I said, "Do you know me? I am an officer, and I want you for some larks with a girl; you had better accompany me, and see if it really is you"—he said, "Very well"—I was in private clothes—at that time Harriet Newman and her sister Elizabeth were at the top of Holywell-lane, in Curtain-road—I took him to the end of Holywell-lane—he said, "You have no occasion to take hold of me; I will walk alongside of you"—I said to Harriet Newman, "Look at him, and be sure," and she said, "Yes, that is him"—he looked at either one of the sisters, I will not positively say which, and said, "Oh, it is you"—I told him he was charged with feloniously assaulting a girl—he
did not make me any particular reply—Newman described to me when at the hospital the clothes of the man that had taken her away—in consequence of directions I went to the prisoner's lodging, at a person's named Corran—I was shown his room—I found a box there—I opened it, and found a pair of corduroy trowsers and a black frock coat—Newman had described them as worn by the person that took her away.
Cross-examined by MR. PAYNE. Q. Recollect the whole of the circumstance; when she said that was the man, and you told him he was charged with feloniously assaulting a girl, did not he say, "I know nothing about it; those that are right will not have to suffer for it, but those that are wrong will?" A. Yes, he said those words; I had forgotten that—I believe it was Roberts who directed me to the place where the clothes would be found.
COURT. Q. Who gave you the information which induced you to go to the King John? A. Roberts, I think on Thursday, the 3rd April, two days before—I was making inquiries of him—I was ordered by my superintendent to investigate the case—I remained a little distance off the King John while Newman and her sister went inside to look—I do not know whether they both went in, for I was outside the door, and did not see—they both went round the corner—there is a side door, and I lost sight of them—they were both together, and they both left me to go there—the door is round the corner, and I saw them go round the corner to the door—which went in I do not know—when Day said, "Oh, it is you," I could not swear to which of the two sisters he spoke—they were both standing together—it appeared to me to be addressed to the prisoner—when they went round the corner, and towards the side door, I remained about twenty-five yards off the house till they came back—they came back together—I believe it was the prisoner that gave me the information which induced me to go in, and then the sister told me the same again, so that made it appear to me that they had both been in—I was at the hospital on 1st April, between 12 and 1 o'clock in the day—it was not I that took Roberts to the hospital—he went with some other officer in the morning, I believe—I do not know who it was—Roberts was not at the hospital when I went—there was only the nurse and myself.
HENRY REDMAN . I was formerly in the police for twenty years; I left it two years last Oct. I was not present in Court yesterday till the afternoon—(this witness had been ordered to leave the Court on the previous day)—I was not aware I was doing wrong in coming in—I was sergeant to the police van,—at the Thames police-office—I have known Mrs. Woodfield for the last five or six years—from what I know of her, and of her character, I would not believe her on her oath.
Cross-examined by MR. PAYNE. Q. Did you ever hear her examined as a witness before yesterday in your life? A. Yes, at the Thames police-court, not as a witness—I never heard her examined on oath—I was in Court yesterday while she was being examined—I should say I was not in Court upwards of two hours; I will swear that—I might have been here an hour; I am sure I was not two hours—I stayed in all the while Mrs. Woodfield was being examined—that was the only time I have heard her examined—I was not told that the witnesses were ordered out of Court; when I was told to go out I went—I was not told that before I came in—I was not told when I came in that I was a witness—when I was told to go out, I said I had only just come in—that was true, it was represented that I had been in Court the whole of the day, and I said I had not; I said I might have been in about half an hour, not more—I never, till yesterday, heard her examined on her oath.
MR. HORRT. Q. Although yon have not heard her examined on oath, have you heard her make statements? A. I have, on many occasions—I have had opportunities of knowing her general character well—I have seen her turned out of the Thames police-court—she is well known about the neighbourhood of the Thames police-court.
COURT. Q. Where were you before you came into Court yesterday? A. Standing outside—I did not know that the witnesses were ordered out of Court—I cannot account for why I did not come in; I never used to come into Court when I was in the police till I was wanted.
COURT to FRANCIS HELTIR. Q. When you found the prisoner sitting on the step in Sutton-street, did she give you any account of herself? A. No; I merely got out of her that she came there in a cab, she just mattered that out, and that was all—I called on Roberts the next morning—I went to the girl's father first, at Limehouse—as soon as I had taken her to the hospital, the inspector sent me to see if it was the father at that address, and the father and I called on Roberts as we came back—I cannot say exactly what time that was; I suppose it was a little after 2 o'clock—I dare say I was at Roberta's house somewhere about 7 that morning; I cannot say the time—I did not mention anything about chloroform—I do not recollect anything being said about chloroform in Roberta's presence that morning—I told the father I thought there was a suspicion that the girl had been drugged—I do not know that I told him what drug it was—I do not remember that I mentioned chloroform; I am not exactly sure about it—I do not recollect whether I did or not.
GUILTY on 1st and 2nd Assignments . Judgment Reserved .
79. CARL FREDERICK KROHN , stealing 1 purse, and 1 piece of metal, value 7d., and 15 sovereigns; the property of George Thomas Barnes, in the dwelling-house of Mary Ann Walters : also, 1 watch, 3l.; the goods of John Wombwell: 2 bracelets, 1 locket, 2 brooches, and other articles, 57l. 10s. the goods of John William Con way Hughes, in the dwelling-house of John Cooper : also, 1 dressing-gown, 7 shirts, and other articles, 1l. 10s.; the goods of the Great Western Railway Company: also, in Surrey, 1 watch and chain, 35l.; the goods of Charles Cecil John Manners, Marquis of Granby; to all which he pleaded
GUILTY . Aged 24.— Confined Twelve Months ,
GUILTY .** Aged 20.— Transported for Seven Years .
GUILTY . to enter into his own recognizances to appear and receive judgment when called upon.
MR. COCKLE conducted the Prosecution.
JAMES DWYER . I am a money lender; I occasionally reside in St. Martin's-lane. In Oct. last, application was made to me for a loan, to be advanced to James Gillard, and I in consequence called on the prisoner on 28th Oct., at 17, Winchester-place, Pentonville—I inquired at the door for Mr. Ion, and was shown to the prisoner—I asked him if he was the landlord
of the house; if he rated the house—he told me he had been landlord of the house upwards of two years—I asked him to produce his rent and taxes receipts, which he did—this paper is one of them (produced)—I acquainted him with my business, that his name had been put on a promissory-note to become security for one Mr. Gillard—he said he was quite agreeable—application had been made for 10l., but not liking the other party who was put on the bill, we accepted the prisoner's responsibility for 5l.
Cross-examined by MR. COOPER. Q. What was the large sum you required security for? A. 10l.—I do not know whether the other man was a landlord—I did not call, the clerk did—we were not satisfied with one man for 10l.—the prisoner said he had lived there upwards of two years—I saw no lodgers in the house; I was only in the parlour—I should suppose the rent of the house to be about 40l.; I have heard what it was—the file on which the receipts were, was brought into the room by a woman, and the receipts were taken off it, and I had them in my hand—the prisoner was to have no money; he was to be the future security—I should say at least twenty receipts were taken off the file, but there were but three of these printed receipts, the others were rent receipts—I swear to this by the writing, and the name on it, and they varied in their amount—I did not take any note of the amounts—the other papers were receipts for rent—I would not swear that the same handwriting was on them, as there is here—I swear to it merely from the name "Ion," that is here—I do not keep a betting-office, and did not at the time this loan was on foot—I had no bets on the Chester cup then, it was all over—I was not a very large defaulter; I paid one-fourth—the sum was about 8,000l., and very near 2,000l. is paid—it was not paid out of the loan office, it was money that was deposited with me.
Q. How many deposits had you received? A. You cannot tell that way; I commenced with 3,700l., when I first opened betting, and left with about as many farthings; but I had money deposited with me for other persons, about 2,500l.
COURT. Q. Did you say you paid that out of the money deposited with you? A. Having lost all my own; on the race previous, I lost 6,000l.
Q. Am I to understand you paid your own debts out of the money deposited with you? A. A portion of the money was deposited with me, of the 2,000l.; I have paid 900l. the rest was made up of my own.
MR. COOPER. Q. How is the deposit made? A. By calling and taking a ticket, and paying their money, those who deposited 900l. did get something, those who deposited 5l. I gave 10l., those who deposited 20l. I gave 40l., those who deposited 40l. I gave eighty—that was not on the principle of first come first served, it was on no principle at all; I should have thought that subject was quite worn out, it is quite threadbare in the Courts—I charge five per cent interest for twelve months for all money—before I started this, I was a journeyman shoemaker—I had something like 4,000l. left me by my mother.
MR. COCKLE. Q. You said there were some other receipts produced for rent, did the prisoner say anything about them at the time he produced them? A. Yes; he said he was quite ashamed that Mr. Gillard had mixed up his name with a disreputable fellow like this in Westminster, who had no receipts to show—Mr. Ryan, my clerk was with me, nothing was said about payment of the rent, or arrears of rent—it was at the last Chester Cup that I lost the money, on 29th April, or 1st May, 1851—I have replaced the whole of the 900l.; I am speaking with regard to the tickets, on which people would have claims—they would produce a ticket to receive the amount I advertised to
give—they are nearly all in—I did keep a betting list at that time—what I mean is, it took me nearly 2,000l. to replace the 900l.—we have only lent 5l., that is on the responsibility of the prisoner—we did not accept the other person, but took the prisoner as security for 5l.—when there are two securities, it is joint and several surety ship.
MR. COOPER contended that there was no evidence of forgery, and as to the uttering, there was no proof of any intent to defraud; ht referred to Reg. v. Shukard, Russell and Ryan's, Crown Cases, page 200, in which case the prisoner in order to persuade an innkeeper that he was a man of property, pulled out a pocket-book, and showed a promissory-note for 500l., of which he only saw the amount, and then desired the innkeeper to take care of it for him, who put it into a cover and sealed it, and after keeping it some time, suspicion arising, he opened the packet, and found the note to be forged; the prisoner was convicted, and the point reserved, whether there was a sufficient uttering of the note, and the Judges held the conviction wrong, as the note was not tendered to get money, or credit on; he also urged, that if a large bullionist put notes in his window to give himself credit or stability to persons passing by, that would not be an uttering of the notes; the receipts in question were only shown to prove the prisoner to be a man of substance, fit to be a security. The COURT reserved the point.
MR. COOPER. Q. Having seen the house, and seen him in it, and having made inquiries, would you have accepted him as security for 5l., if the receipts had not been shown to you? A. I should not, because by the receipts I knew he was the owner of the house; it was this receipt that I advanced the money on—on my oath I only charge five per cent on loans for a whole year—we charge 2s. at first, and the 5s. for interest—there is a promissory-note on demand, signed—I swear that 5s. was all I was to receive, provided the money was paid within a year—the money has to be repaid at 2s. a week—we should not pop upon him unless it was paid punctually—we charge 3d. for every letter: 1d. the paper, 1d. the stamp and 1d. for writing it—if the money was not paid in the week, we should fine him a halfpenny in the shilling on the 2s. omitted at that time—mine is a loan office, it is not a society enrolled—I did not make inquiries in the neighbourhood about the prisoner at that time; I did afterwards—I did not charge anything for that—2s. was left for the inquiry in the first instance—I made that inquiry—I went about six miles for that 2s.
MR. COCKLE. Q. Have you any printed forms you give to persons who apply for loans? A. Yes; I cannot say whether I gave any to the prisoner on this occasion—I make no notes of it, but we know when they are brought back filled up—I can tell the form—this is the document (looking at some papers)—here is the name of the other proposed security scratched out, we would not accept him—I know this form was in the prisoner's possession—I took it up and showed it to him—he must have seen the name in—this is a printed form containing all the terms on which we lend money, and the fines—he did not peruse it, but he looked at it—I mentioned about having such a disreputable character with his name on the form—we always attach the promissory-notes to the form—I looked at the note—he signed it in the office—I saw him write it.
MICHAEL RYAN . I am a clerk, in the employ of Mr. Dwyer. I remember the loan to Mr. Gillard, and remember seeing the prisoner on the subject, in Mr. Dwyer's presence, when we went; on 28th, to 17, Winchester-place, Pentonville, Mr. Dwyer asked the prisoner if he was the landlord or householder of that house, he said he was—he asked how long ho had been so, and I think he said something about two years—he then asked if he had receipts
for his rent—he said, "Yes"—he asked him to show them to him, and he produced several pieces of paper purporting to be receipts for his rent—he also showed Rome receipts for rates—I was near enough to see some of them—I think the one produced is one of them.
Cross-examined. Q. You only think that is one; how many did you see on the file? A. Several; I did not reckon them—I do not think they were shown to me on the file, they were brought down and taken off, for I had one of them in my hand—Mr. Dwyer took it off and handed it to me—I do not know whether he took it off, he took it in his hand and showed it to me—we did not make inquiries about the prisoner's character, we only called upon himself—the parlour was pretty well furnished—the furniture appeared to me worth more than 5l.
HENRY WRIGHT . I am collector of rates for the district in which Winchester-place, Pentonville, is situate—I know nothing of this receipt—this signature, "Henry Wright," is not my writing, I never authorized any one to sign it—it is dated Aug. 1849, and I was not appointed collector till 11th June, 1850, it has an address of a former collector upon it, where I never resided.
Cross-examined. Q. Was there a Mr. Wright employed as a collector before you? A. Certainly not, there has been no one of that name in Clerkenwell parish as a poor-rate collector for some years past—it is not a very uncommon name in London—I do not know, of my own knowledge, that collectors sometimes get persons to collect for them—I cannot tell whether the collector who preceded me ever employed a Mr. Henry Wright, he would not be authorized to do so.
HENRY WRIGHT re-examined. It is not usual to leave these receipts without the signature—we leave a notice first of the amount required—I have one here (producing one)—a householder has no opportunity of getting these receipts but through a collector—I do not see how it is possible that any person could obtain a copy—I have an opinion as to how the prisoner obtained this—the receipts are all numbered to me consecutively—I have to account for every receipt, and I have never missed one—it is not likely that any person could obtain a blank receipt—I have not the name of Ion upon my books until some time last Sept.—the house was previously occupied by a gentleman of the name of Battersbee, who paid me the rates—the prisoner has not occupied it till very recently—I have the book here in which the former tenant's name is erased—I know that the prisoner has only recently had the house, by calling there and receiving the rates from another person—I did that some time during the present year—the previous tenant paid me up to Midsummer—I do not care who pays me so that I am paid, but where a party has resided a long time in a house, I know him well—if a person who resides in a house as a lodger afterwards takes the house, I generally know it, I should say always—I take the money from whoever I can get it—it is very often sent to my house—in that case I always suppose it is paid by the party whose name I have on my book as the occupier—I cannot tell who pays it—I ask no questions, I get the money and I am satisfied.
NOT GUILTY . (See page 146.)
NEW COURT.—Monday, December 15 th, 1851.
PRESENT—Sir JOHN KEY, Bart., Ald Mr. Ald. CARDEN; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
NOT GUILTY .
GUILTY . Aged 61.— Confined Four Months.
GUILTY Aged 21.— Confined Twelve Months.
GUILTY . Aged 44.— Confined Six Months.
GUILTY . Aged 51.— Confined Six Months.
GEORGE BEAUCHAMP COLE . I live at Twickenham. The prisoner was in my service—on 10th Dec. Jackson, the carrier, brought me a parcel, which I opened—it contained some boots, a cap, and some mutton, which weighed 1 3/4 lb., some soap, and two onions—I believe they were all mine—I did not see the mutton cut off my meat, but I am as convinced as I am here that they were mine—the parcel was taken from my house, but I did not see it taken.
Cross-examined by MR. BALLANTINE. Q. Is the cap here? A. No; it was not mine—I did not say that all the things were mine—the meat, and the soap, and onions were mine—the boots were not mine—they were small boots—I suppose they were women's boots; I have no moral doubt of it at all—I have no moral doubt that they were the prisoner's—I do not know the cap—my wife, generally speaking, superintends the larder, but I know about the mutton—I did not see it come in, but I know by the butcher's bill that some mutton came in the day before—I did not see it, but in all probability I have eaten some of it—the onions were of the ordinary appearance—they were not stamped with my name—the soap is stamped—I had a box of soap come in about a fortnight before, and I found, from investigation, that some was missing—very few of these pieces had been used, because this sort is only used for a particular portion of my house—the prisoner is fifty-five years of age—she has been with me four years—I owe her wages to the day of her arrest, 5l. 17s. 6d., according to my calculation—I have it in my pocket for her.
some mutton, two onions, and some soap—I accompanied Mr. Cole to his house with the parcel, and placed it behind the sofa—I saw the prisoner afterwards—I asked her if she had taken a parcel to Mr. Jackson's, the carrier's, that morning—she said she had—I asked her what it contained—she said an apron and a pair of boots—I asked her if there was anything else in it—she said there was a nap and a letter, and she did not think there was anything else—I told her to recollect herself, and asked her if there was any meat or eatables in it—she said, "Yes, some mutton"—I asked her how she came by it; and, after a short time, she said she bought it at Mr. Wade's, the butcher's—I asked her what she gave for it—she said, "10d."—I spoke to her about the soap—she said she took that from Cole—she said since she had been in Mr. Cole's service she had bought a number of things, and she did not know that she was doing any harm in taking the soap and mutton—she acknowledged that that was the parcel she had taken to the carrier's, and said she was going to send the things to her sister.
Cross-examined. Q. Is there a person named Wade, a butcher? A. Yes; one of Mr. Cole's servants told me, about 2 o'clock in the afternoon, that Mr. Cole wished to see me; and I went, and he showed me the parcel, and what was in it—what I said to the prisoner was in presence of Mr. Cole—I considered I only did my duty—having some information, I always understood I have a right to examine persons under my charge—I did not take any note of the conversation; Mr. Cole did not, that I am aware of—I cannot swear whether the prisoner did or did not say anything about tradesmen allowing her perquisites—I would not pretend to swear either way—she did not say that the soap was given her by the person who supplied Mr. Cole—she said a box of soap arrived at Mr. Cole's, a fortnight before, for the use of the house—she did not say, at the same time, that the tradesmen from whom it was ordered gave her some soap—the other is common yellow soap—this piece has the maker's name on it.
ELEANOR JACKSON . I am the wife of Henry Jackson, a carrier, at Twickenham. I know the prisoner—I recollect her coming and bringing a parcel on 10th Dec—she asked me if my man had called—I said, "Yes"—she said she supposed she was up stairs, and did not see him—she left the parcel with me.
Cross-examined. Q. Do you know the prisoner has a poor sister at Hammersmith? A. I have understood so, and that she is in a very bad condition; the prisoner has sent her things—I keep a shop—the prisoner has bought things of me, I suppose, to be sent to her sister—she has, in point of fact, shared everything with her sister—I know my cart has taken things to a person who goes as her sister.
COURT to WILLIAM BUTCHER. Q. Is there a Mr. Wade, a butcher? A. Yes; I have been to him to make inquiries—he is not here.
MR. BALLANTINE. Q. What were you before you were a policeman? A. A baker.
(The prisoner received a good character.)
NOT GUILTY .
EBENEZER HUDSON COWELL . On 10th Dec, about a quarter past 10 o'clock in the evening, I was in the Poultry. In consequence of something said to me, I missed my handkerchief—I had put it into my pocket a few minutes before, when I left a house in Cheapside, a few doors off—I and the witness crossed the road—he pointed out the prisoner, and we followed him—he
was walking on—he crossed over, and went in a contrary direction to myself—he turned round, and confronted me and the witness face to face—he muttered something, and threw my handkerchief at me, which I picked up, and he ran as hard as he could—I ran after him, and cried, "Stop him!" and he ran into the arms of a policeman—this is my handkerchief.
HENRY HORATIO COOK . I am a printer. I was passing along the Poultry, on 10th Dec, about a quarter-past 10 o'clock at night—I saw the prisoner take a handkerchief out of the prosecutor's pocket—I pointed him out, and he and I followed him—I saw him stopped—he threw the handkerchief down, and said, "There is your handkerchief."
Prisoner's Defence. I picked up the handkerchief under my feet, a considerable distance before I came to this man; I put it into my pocket; the gentleman crossed the road, and said, "You have got my handkerchief;" if said, "Very well, if it is yours, here it is," and gave it him.
GUILTY .** Aged 26.— Confined Twelve Months.
NEW COURT.—Tuesday, December 16th, 1851.
PRESENT—Mr. Ald. CAEDEN; Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY . He received a good character. Aged 20.— Confined Four Months.
GUILTY .— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
I keep a chandler's-shop. On 10th Dec. the prisoner came for 1d. worth of tobacco—I served him—he gave me a half-crown, I gave him 2s. 5d. change—I then went to serve a person at another counter, and the prisoner said he had halfpence enough to pay for the tobacco, and asked what the price was, I told him—he pushed back the change to me on the counter, and I gave him the half-crown—I saw one of the shillings was bad, it was not one that I gave him—I am quite confident that I had no bad shilling—I did not mix the shilling he gave me with any other—he went out of the shop directly—I went after him and asked him to give me a good shilling for the bad one—he wanted the shilling back from me, which I refused—a policeman was standing by, and I gave him in charge with the shilling—I am certain that the two shillings I gave the prisoner were good, I tried them when I took them.
Prisoner. Q. Does any other person serve in that shop? A. Not to take money—I did not make any mark on the money when I gave it you—I do not know what date the shillings were—you moved the money on the counter—I put no mark on the shilling till I got to the station—I had put it in the till with three half-crowns and three sixpences, but I am certain I had no other shilling—I afterwards gave it to the policeman.
WALTER HOLMES (policeman, T 50). I took the prisoner last Wednesday—Mrs. Gulliver said he had passed a bad shilling—he said he had passed no bad shilling with her, and was not going to have a bad shilling put on him—I found on him a half-crown, a shilling's-worth of halfpence and another portion of tobacco beside that he had bought of Mrs. Gulliver—he gave the name of John Clark.
THOMAS GANNON . I am a grocer, and live in Duke-street, Lincoln's-inn-fields. Last Friday the prisoner came to my shop, about 9 o'clock in the evening—he asked for an ounce of coffee, and a quarter of a pound of sugar, they came to 2d.—he laid down 11/2 d.—I said I required another halfpenny—he then threw down a half-crown, and said, "Take it out of that"—I put the half-crown in a detector, and found the edge bent—I stepped on one side, and said, "I think this is a bad half-crown"—I took a packing-needle out of my desk and crossed the head of the half-crown—the prisoner used very bad language, and asked if I thought he was a b——y smasher, and he called me a b y fool—I said I would try and find that out—I called the policeman, and gave him the half-crown.
Prisoner. Q. Was I drunk? A. You were not sober, but you knew what you were about.
Prisoner's Defence. It is very curious that this woman would not press the charge against me; I never took the money off her counter; the policeman found no shilling on me; the half-crown I know nothing about; I sold my coat that day; the half-crown might be put upon me; I do not know.
GUILTY .— Confined Six Months.
NOT GUILTY .
GUILTY . Aged 30.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
GEORGE GROVER . I keep the Fox and Hounds, Old Brentford. On 24th Nov. Willis came and asked for a half-pint of beer—my wife served him—I saw him pay her a piece of money—I looked at it—it was a bad shilling—Willis said he had no more money but $d. which he gave in consequence of his having drank part of the beer—he wanted the shilling back which I refused—I sent for the policeman, marked the shilling, and gave it him—Willis had left my place before the policeman came—I gave him a description of him.
WILLIAM ETHBRINGTON . I am shopman to Mr. M'Gowan, a grocer, at Old Brentford. On 24th Nov. Willis came to the shop for half-an-ounce of tobacco—it came to 1 1/2 d. he gave me a shilling—I put it in the till where there was no other silver but a sixpence—I gave Willis his change, and he went away—I left the shilling in the till.
SARAH M'GOWAN . My husband keeps that shop—I did not see Willis at the shop, but I took the money out of the till that night, about half an hour after Etherington shut up the shop—I found the shilling in the till, and left it there till the next morning—I then marked it and gave it to the policeman.
ROBERT FOAN (policeman, T 121). On 24th Nor. I received this shilling from Mr. Grover, who described the prisoner—I went in search of him to a lodging-house kept by Mrs. Slade; I found the two prisoners sitting on a seat close to each other—I told Willis he bad been to Mr. Grover's and tendered a bad shilling—he said he had not been to Mr. Grover's that day—I found on him a sixpence, fourpence in silver, and 2d. in copper, some tea, sugar, tobacco, and a duplicate—I took him to the station—next day I got this other shilling from Mrs. M'Gowan.
Willis. He asked me if I had been to Mr. Grover's; I said I did not know; I had been to one public-house, I did not know the name.
EDWARD FIELDER (policeman, T 157). I saw the two prisoners standing talking in the street—they went to Mr. Johnson's—Willis went in there, and Tanstead stood outside as if watching, about a dozen yards off—when Willis came out they joined, and went into the lodging-house—I and the other officer went in and found them both together—I searched Tanstead, and found on him eight bad half-crowns, fourteen bad shillings, 2s. 10d. in copper, and five good sixpences.
WILLIAM WEBSTER . These two shillings which were passed are bad, and from the same mould—four of the fourteen shillings found on Tanstead are of the same mould as those that were uttered—they are all bad, and the half-crowns also.
Willis. I never knew this other prisoner till I saw him there.
WILLIS— GUILTY . Aged 27.— Confined Twelve Months.
BENJAMIN RUSSELL . I am porter to Mr. Wild. On 6th Dec. I brought ten quires of newspapers from the Dispatch office to Mr. Wild's, in Catharine-street—I left three quires of them at Mr. Herapath's in Red Lion-court, Fleet-street.
Cross-examined by MR. PAYNE. Q. When did you get the papers from the office? About 25 minutes before 2 o'clock, and I left the three quires about 20 minutes before 2—I laid them down on the counter, and went off directly—there were the three Mr. Herapath's there—I went in and laid down the papers a yard or two from the door—the door was not open when I went; I opened the door—I did not close it—I saw nothing more of the papers—I left them because the load was too much for me—I did not go for them again.
LESLIE GEORGE HERAPATH . I live in Red Lion-court, Fleet-street. I recollect Russell leaving three quires of papers at my office, last Saturday week—they were put on the counter not far from the door—I afterwards saw the prisoner take them away—he had been in the service of Mr. Wild, and therefore we let him have them.
Cross-examined. Q. What time were they left? A. I cannot say exactly, it was between half-past one and two o'clock—my two brothers and myself were in the office—they were fetched away five or ten minutes after they were left—when they were fetched I was just moving off to the end of the counter—I was about two yards from them—there are two desks in the office—one of them would intercept my view—the prisoner did not say anything, he took them up, put them on his shoulder, and went away—I had seen him come for papers from time to time—he had a cap on which I believe was black, and a dark coat—I knew his person before, and swear he is the man.
the prisoner—he had been in my employ but had left me two Saturdays before that—I only employed him on a Saturday, he was an extra hand—I did not authorise him to go on Saturday week to fetch the three quires of papers from Mr. Herapath's—I had not seen him for two Saturdays previous—I have not had the papers.
Cross-examined. Q. Did you send any person for them? A. Yes, a lad in my employ—Russell came with what he brought about two o'clock, or ten minutes before two—I sent the lad for these three quires about half-past two o'clock—when papers are brought they are given to me or my clerk; I had only employed the prisoner for seven or eight Saturdays.
Cross-examined. Q. He has said so all along? A. Yes; I found him at work at a printing-office, in Holborn.
(The prisoner received a good character.)
GUILTY. Aged 30.—Recommended to mercy by the Jury and Prosecutor .— Confined Two Months.
MR. CLARKSON conducted the Prosecution.
WILLIAM ENSOR THORMAN . I am clerk to Mr. Thomas Todd; he trades under the firm of William Todd and Son, Red Lion and Three Cranes Wharf, Upper Thames-street. On 28th Nov., I examined the lead on the wharf after looking at the book—I missed three pigs and a half, or about that quantity—I afterwards saw that lead—it was shown to me by the inspector—I can swear that they were what was missing from the wharf—the half pig was compared with another half pig—I know nothing more of the prisoner than by seeing him on board the Albion barge, which came to the wharf on 27th Nov. with a cargo of hops, in the afternoon.
Cross-examined by MR. BALLANTINE. Q. You are sure you saw him? A. Yes; I did not speak to him—there were two other persons on board the barge—I saw the pile of lead safe on the day before—I did not count it on the 27th, but if any person saw a pile of lead, he would be able to tell what was missing—I looked at the book before I went down the wharf; I should know by the books what was missing—I am able to swear to the lead—I saw that the half pig on the wharf corresponded with the half pig found, one letter on it being cut in half.
ALEXANDER SANCTO . I was master of the barge Albion, from Maidstone. The prisoner came with me to the Red Lion and Three Cranes Wharf, on Thursday, 27th Nov.—the barge was discharged there—the crew consisted of Frederick Gill yard, my mate, and the prisoner was third man on board—after the barge had been discharged, we went away at 6 o'clock in the morning of 28th Nov.—we dropped down to Horselydown—the barge was at Horsely-down when the officer came on board—I know the locker and the bed cabin on board—the locker was used for timber, gear, chains, ropes, and blocks for the use of the barge—the prisoner had charge of the locker—I and the mate slept in the aft cabin—a maul was shown to me; that was generally kept in the iron locker—I did not know anything of the lead being on board—the prisoner had nothing to do with the discharge of the cargo; he was to clear away—Mr. Todd's men got the cargo out.
Cross-examined. Q. He had no right to leave the barge? A. Yes, just to get a little victuals—I have known him ten or a dozen years; I never
knew anything wrong of him—I was not with the barge—I went on shore—anybody could have gone to the locker—I was not on board the barge that day, from the morning till 6 o'clock in the evening.
FREDERICK GILLYARD . I was mate, on board the Albion. I was on board when she came to the wharf—I helped to discharge the cargo—she afterwards dropped down to Horselydown—I did not know of any lead being on board; I had not placed any there—I do not go down into the forecastle, where the locker is, once in two months—it is close to the prisoner's bed-place.
Cross-examined. Q. Were there other persons who might have put the lead in the locker besides the prisoner? A. I do not know—I had not been down in the forecastle while the barge was lying at the wharf—I did not see any of Mr. Todd's men go down—I was bad in bed in the cabin—I had met with an accident a fortnight before, and had hurt my leg—I had been working a little, till I got to the wharf—I was on regular work, but I was forced to get some one else to do part of my work—the prisoner was my mate; he had to do part of my work—I had told the master I was ill—I had bad a fall—I went on shore while the barge was at the wharf, just as the foreman came down—this lead might have been got on board without my knowing it.
RICHARD WHITE . I am an inspector of the Thames police. I went on board the Albion, at Horselydown, on 28th Nov.—when I was about to go forward, the prisoner ran and jumped before me, and sat himself down on a locker, close to his bed—I said to him, "What have you in the locker?"—he said, "Nothing"—I said, "Get up, let me tee what you have in the locker"—he said, "Nothing"—I took him by the collar, and moved him from the locker, and looking in it I found these three pigs of lead—I said, "I thought you told me there was nothing in the locker"—he said, "I know nothing about it"—I then asked him if that was his bed cabin—he said, "Yes; but you will find nothing there"—I searched it, and at the foot, under his bed, I found this half pig—I said, "What do you say to the lead in your bed cabin?"—he said, "I know nothing about it"—I found this maul in the forecastle—some of the pigs of lead have been beaten by something similar to this, and the marks effaced.
Cross-examined. Q. When you went on board you found Gillyard? A. Yes; he was washing the decks—I heard him tell the prisoner to go forwards and get a light—he said, "Very well," and got a light.
(The prisoner received a good character.)
NOT GUILTY .
GUILTY .— Confined Three Months.
GUILTY . Aged 21.— Confined Twelve Months.
JAMES CRAN . I am an engineer, and live in Bear-lane, Southwark. On Saturday night, 6th Dec, I was going home at 8 or 9 o'clock—I saw the prisoner—she told me a sad story, and I treated her with some gin—I had a handkerchief in my hand, containing a pair of blue trowsers and a navy cap—the
maker's name, Salter, was in the stamp—after I had treated the prisoner, I accompanied her to a room in an adjoining house—she wished me to go, and I am easily led on one side—I put my parcel on the table—the person belonging to the house wanted 1s. for the use of the room—I did not choose to pay it, and the candle was put on one side, and my bundle was taken away—I was as sober as I am now—I was in the room seven or eight, or perhaps ten minutes—I saw the prisoner take my bundle—she went out—I went after her, but could not find her—I afterwards saw her pass, and pointed her out to the officer.
THOMAS POTTER (City policeman, 259). Cran pointed the prisoner out to me, and I took her in Cloth-fair—she was searched at the station, and 1s. 113/4 d. was found—I knew her well—I went to her lodging at 1, Sun-court, and found a duplicate of these articles, pawned for 5s.—I found this handkerchief under her bed.
GEORGE ROLFE SKINNER . I am assistant to Mr. Walter, a pawnbroker in Aldersgate-street. I produce these trowsers and other articles, for which I gave the duplicate which the policeman found—I do not know the prisoner as having pawned these articles, but I know her as a customer at our shop.
Prisoner. I am as innocent as can be; I never saw the man; I never robbed a man of anything.
GUILTY . Aged 49.—Recommended to Mercy by the Jury.— Confined Three Months.
JOSEPH NEVETT . I am a bookbinder, of 1, Johnson's-court, Fleet-street. I know the prisoner—he was formerly in my service, but was not at this time—I kept a variety of articles in a cash-box, which I kept in my desk in the counting-house—the desk was kept locked generally, but I am not certain that it was locked that evening—if the cash-box was locked, the key was in the lock—I saw it safe about 10 o'clock in the evening of 14th Oct. when I went away—I had a clock hanging up in my bottom workshop—I noticed it particularly that evening when I went away, having had a number of articles stolen—I left the premises, and they were locked up—no one sleeps there—I went the next morning about 9—I first missed the clock—that led me to search, and I missed some other articles—on 22nd Nov. I was going along Broad-street, Bloomsbury, and I saw a clock exposed for sale at a broker's shop—I found it was mine, the one I had lost—this is it (produced)—I am quite certain of it—I have not seen the other things.
Prisoner. Q. Had you missed any things before? A. Yes, some before you came, and some while you were there.
CHARLES JENKINS . I am salesman to Mr. May, of Broad-street, Bloomsbury. I know this clock—my master bought it on 20th Oct.—I was present—it was first brought by a man who appeared like a bricklayer's labourer—my master stopped it, and the man went away, and came back and brought the prisoner—my master asked him if it was his property—he said it was, and gave his name William Saunders, 17, Baldwin's-gardens, Holborn—my master bought it, and paid the prisoner.
Prisoner. Q. How do you know it was me? A. By your face—I took particular notice of you.
Prisoner's Defence. I am innocent; Mr. Nevett bad the opportunity of seeing me any day for at least a month before I was taken; I was in a place of work when I was apprehended; I know nothing at all about it.
GUILTY . Aged 21.— Confined Six Months.
OLD COURT.—Wednesday, Dec. 17th, 1851.
PRESENT—Mr. Baron ALDERSON; Mr. Justice WIGHTMAN; Sir John KEY, Bart, Ald.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Third Jury.
EVANS pleaded GUILTY .* Aged 19
NORTH pleaded GUILTY .* Aged 19
ATKINS pleaded GUILTY .* Aged 19
Transported for Ten Years .
Before Mr. Baron Alderson.
MESSRS. BALLANTINE and HUDDLESTON conducted the Prosecution.
FRANCIS ROBINSON . I am assistant messenger, attached to Mr. Commissioner Holroyd's Court, in Bankruptcy. I produced the proceedings in bankruptcy, in the case of Isaac Boyd, of Spital-square,—the date of the filing of the petition is 24th Nov., 1851—the enrolment was on 25th June, 1851—this is the petition—I am reading from it—the declaration of insolvency was filed by the bankrupt, on 24th June—I do not know of its being filed by the bankrupt—I was not in the Court at the time it was filed—it is here among the proceedings—the date of the adjudication is 25th June, 1851—here is also the appointment of assignees—this is the Gazette of 27th Jane, 1851—this is the advertisement (read.)
Cross-examined by MR. CLARKSON. Q. What are you in the Court of Bankruptcy? A. Clerk to Mr. Johnson the messenger—I was not present at the time the prisoner was bankrupt—whoever the party was to whom the proceedings apply, I was not present and do not know it—I do not know the practice of Mr. Commissioner Holroyd in respect of the direction of prosecutions.
JOSEPH MAYNARD . I am a member of the firm of Crowder and Maynard, solicitors to the assignees of this bankruptcy—I know the defendant—he is the person who was a bankrupt—I see his handwriting—the declaration of bankruptcy is, I think, attested by his own solicitor, Mr. Kearsey; but I know his handwriting—the one that is here is a copy only, the original document is filed—I find his writing on these proceedings, on his last examination—I was present when he signed that—here is an affidavit of Mr. Keaney, verifying the copy—this is the original affidavit—this is the original examination signed by Boyd—I can swear to his handwriting to this original examination—no act has been done, to my knowledge, by the bankrupt, to annul the proceedings, certainly not—there has been none—he was in the United Kingdom at the time of the adjudication—this is the statement; it is signed by Boyd—it is a statement of sales, deposited or pawned, by Isaac Boyd, from 1st Jan., 1849, to June 26th, 1851—it is a part of the accounts
given in on his passing his last examination—the last item is Fordarti's; at the end of the account—I produced an account of sales; one of the items in the account which he signs is "deposited or pawned"—I find here, under the head of "of whom bought," Allipson and Co. "when," March 27th; "number of pounds," 160; cost 240l.; "with whom pawned or deposited," Attenborough; "when," May 17th, 13th, and 24th; there are three dates, May 17th is on a line with what I am reading; "sum received" 120l.; then it says, "on hand" "with R. Attenboro;" then it says, "how disposed of;" the last item is "bought for Fordarti 9th June, 353l. cost; 11th Jane, 240l., received; the weight of silk 250 lbs.; the cost 353l., date of pawning 11th June"—there are an enormous quantity of transactions here of the same sort—the dates are consecutive as to pledging, but not as to purchasing—the first date of pledging is 14th June, 1849, ending with 11th of June, 1851—the whole quantity of pounds weight of silk obtained and pledged is 12,624; the total cost of that 17,707l. 14s. 1d.; and the total sum received on them 14,159l. 4s. 9d—777lbs. of that appears to have been redeemed, the cost of which is 909l. 18s. 9d.—in none of these accounts, I think, does a sum of 707l. appear to have been paid to Messrs. Kearsey and Masterman—I will not be sure—(looking at the accounts), no I think that will not appear on any account—Mr. Kearsey has accounted to the estate for what is left—I know Boyd's writing—this bill (produced) is his acceptance—it comes from the official assignee—it appears to have been dishonoured on 7th June—it is a five months' bill—(read dated London, Jan. 4, 1851, drawn by James Imray, on I. Boyd, payable to order, five months after date, for 100l. value received)—it was taken up afterwards, and therefore it is in the bands of the assignee—Fisher's account on 5th April, 1851, is 150lbs., purchased 5th April, at a cost of 215l. 12s. 6d.—it is pawned, but there are two others, on 15th and 16th, and the three are pawned together on 17th—the 15th April, is "Tatlock 70lbs., cost 101l. 155s.—"16th April, Fellows, 230lbs., 339l. 5s. "—the three are pledged on 17th April, with Drakenfords, for 700l. and 500l. received—it does not appear whether any portion of that has been redeemed—the total amount due to creditors at the date of the bankruptcy, is 11,214l. 17s. 2d.—then there is another item for liabilities, at distinguished from actual debt, 572l. 10s. 6d.—I do not think I can say how much of that amount has been contracted from Jan. this year; the balance-sheet does not show it—the assets on the balance-sheet are, "debts good, 700l. 14s.;" "property taken under fiat, 19,018l. 5s. 1d.;" "property consigned abroad for sale, 294l. 19s. "—that is the whole—the rest of the items on the other side consist of housekeeping liabilities and losses, which are "by losses, as per list, 4,023l. 14s. 2d.;" and for bad debts, 9l. 19s. 3d.—he has put down as loss the sums of money which he did not get, the difference between what he got, and the cost price—the second sheet of the balance-sheet is headed, "creditors"—it commences with Allipson and Co., on 11th June, 1851—here is my acceptance which was not paid—I have not calculated the sums of money for acceptances, due to the whole of the creditors about that time—these acceptances in the balance-sheet, of 11th, 19th, and 28th June, 1851, are all Allipson's—they are put down as creditors for 30,718l., that is the total amount of Allipson's debt.
Cross-examined by MR. CLARKSON. Q. Is this prosecution by direction of Mr. Commissioner Holroyd? A. Yes; as to its being his practice to file an order in writing on such a subject, I believe there is no practice, for I believe this is the first time any thing of the sort has occurred—I laid the papers before the Commissioner, and requested his direction, whether there should be a prosecution; he gave me a verbal direction that there should be—I
did not record it in writing, but his attention having been since drawn to it, he desired that a memorandum should be made, which has been done long since the prosecution—it was made within the last two or three weeks, in consequence of his attention being called to the fact that there was no written direction; but in the first instance I received his direction verbally on the day the bankrupt passed his last examination, 2nd Oct.—I may mislead you; I will say further, it was brought to me by my clerk the other day to be approved of—I produce the bill of exchange for 100l. that came from the assignee as part of the bankrupt's papers, therefore it was paid on 11th June—there is no statement on the proceedings of what was done with the money got from Drakenford's on 11th June.
Q. When you speak of pledging, you speak of that which is distinct from pledging at the pawnbroker's? A. I think there are but two persons with whom pledges are made, Drakenford and Attenborough—I do not know that Attenborough cannot receive such sums under the Pawnbrokers' Act, or that they are matters of specific agreement between the parties—Drakenfords are not pawnbrokers, they are silk-dealers—Allipsons are my clients; nearly all the silk-merchants are—I do not know from Allipsons how much money they received during the time I have been speaking of, from the bankrupt—I do not know that 1,200l. has been paid to Allipsons—I did not attend the examination before the Magistrate, my clerk did—the statement from which I have been reading, is from the accounts of the prisoner—the Act of Parliament on which this prosecution is instituted, passed in Aug. 1851; several of the items contained in the accounts are before the passing of the Act; the first pledge stated here is 14th June, 1849; as to which transaction it appears by the same accounts that the goods were redeemed from Attenborough's in Aug. 1849—my impression is, that Mr. Dodson was the broker for Fordarti in this transaction, through whom the sale was effected—supposing the assets in the balance-sheet to be realised, they would show 5s. in the pound—I was the bankrupt's solicitor in 1847, this statement was furnished voluntarily by him, there was no holding back of any sort, nor has there been throughout the whole transaction.
MR. BALLANTINE. Q. He carried on the same business before, when he was bankrupt? A. Yes; he was a silk-manufacturer then—I know Mr. Fordarti perfectly well, his Christian name is James, he has two partners.
THOMAS HUGHES . I am salesman, in the employ of Allipson and Co. I have been so sixteen years—Mr. Allepson's Christian name is Martin, there is only himself in the business; he is a silk-merchant, of 9, King's Arms-yard, Coleman-street—I know the defendant, he is a silk-manufacturer, and carried on business at 20, Spital-square—the business of a silk-manufacturer is to convert the silk into goods—on 27th March I sold the defendant 166lbs. 8 ozs. of Piedmont orgazin silk, at 30s.—it came to 249l. 15s.—the custom of the silk-trade, with reference to credit, is cash in fourteen days, or a bill at five months, it depends on circumstances—if the manufacturer pays cash in fourteen days, be has the privilege of the discount which is 3l. per cent, or he can pay the whole amount at five months; this was settled on those terms—he did not pay cash in fourteen days, but bills were given.
COURT. Q. Just tell us what the nature of the transaction was; how did it begin? A. I went to him and took a sample; I said, "Here is a sample of Piedmont orgazin"—I did not say, "Do you want to buy any," that is a matter of course, I offered it to him for sale—he approved of it, and asked the price of it—I said 30s.—he said, "You had better leave it till to-morrow morning" (which is the usual course in the trade), "and I shall decide"—I
left it, and went next morning, when he said he would take it at 30s. on the usual terms—that is the way we generally deal; the salesman goes round and shows his samples, and the manufacturer gives his orders.
MR. HUDDLESTON. Q. What is the custom of the trade in reference to the dealing in silk? A. If the manufacturer buys the silk, of course he must expect the bulk will be according to the sample, he buys on the sample—the trader very seldom goes to the manufacturer—it is not very often the case, it all depends on circumstances—I parted with the silk, because I understood it was to be made into goods in his usual trade.
Cross-examined. Q. Did you persuade this man to take the goods? A. Not particularly, it is the general custom to sell if we can—I was not in the habit of pressing him to take goods, any more than any other customer—it was my business to press him to take them, and I did so certainly.
Q. Did you not on this occasion press him to take them, and mention an instance of a man named Vanut, who was buying silk of you, and getting a profit by the re-sale? A. I never said anything of the sort—I very likely told him that the markets were getting up; I cannot recollect whether I did or not, I may have done so—I dare say about 12,000l. has passed into the hands of Allipson and Co. from the defendant.
MR. BALLANTINE. Q. What are you in the establishment of your master? A. I was in their establishment as clerk for ten years—I am at present engaged to sell their silks; the defendant owes Mr. Allipson now about 3,500l.—in all the earlier transactions, bills were given as in the later ones, and if the earlier bills had been dishonoured he would not have got the latter credits—I go round to the different manufacturers, they are the class of persons to whom I apply to purchase silk—I call sometimes every day, and sometimes every other day, they know, and the defendant knew, that it was my habit to call—the first transaction I had with him was, I think, in June, 1848—I was always in the habit of getting his orders in that way—I usually called on him, and the arrangement took place there at all times in the usual way of trade—I had transacted business with him before in the same way—what I sell is the raw material, which he cannot do without.
COURT. Q. What was the price of orgazin silk at this period? A. I sold him on 27th March 166lbs. 8ozs. weight, at 30s. per lb.—this is the price-current, list of the greatest brokers in England, Messrs. Duncan; there it is quoted at 28s. to 30s. per lb. a few days afterwards; so that I sold at the top of the market, the highest price.
ROBERT DODSON . I am a silk-agent and broker. I am not in any other employment, but act between the seller and the buyer—I am in the "habit of obtaining samples of the dealers, and go round to the manufacturers and obtain their orders—I take the sample with me; if the sample suits I then make a purchase of the merchant—I do not deliver the goods—I contract for the buying, and receive a percentage—on 7th June I went to the defendant's place of business, and showed him a sample of silk calculated for his trade, that of a manufacturer—I said to him, "This is French orgazin "—I knew it was very well adapted to the purpose of being manufactured for a particular article, which I knew he was making at that time, called moire antique, a very rich article—we had a great deal of conversation about the quality of the silk, as it is absolutely necessary for the manufacture of the article.
COURT. Q. Tell us what the whole of your conversation was? A. I said, "I have got a sample of French orgazin that will answer your purpose in the manufacture of this article which I see by me," looking at what I saw in the shop—he examined it, as is customary, very minutely, thread by thread, and
said, certainly, it was a very perfect, good article, and he should have no objection to buy it—the price was 28s. 6d. per lb. in the first instance, but he left me to do the best I could in purchasing it at the lowest price, and I went to Messrs. Fordarti and Co., the merchants, and got it for 28s. 3d. per lb.—the defendant desired me to purchase it at the best price I could—he said he meant to apply it to the purposes of his manufacture, the rich article, the moire antique—the bale, was to be sent in on Monday, the 9th—I told Messrs. Fourdarty the kind of article he was making, and what he wanted it for, and on that I obtained the silk, and the bale was sent in—I saw it in his warehouse on the 10th—that was the last I had to do with it—I had applied for credit before, on account of Boyd, of Fordarti, and had purchased a bale for him of them about twelve months ago, similar to this.
Cross-examined. Q. Did he refuse to take the silk over and over again? A. No; he did object to take it two or three times—he said the price was excessively high—we had a great deal of conversation—I have knows him for thirty years, and always thought very highly of him, and considered he was one of the best manufacturers in Spitalfields for that particular article—he did not several times decline to take the goods, not in this particular instance, not this particular bale; he declined to take it at the price two or three times, but I succeeded in persuading him to take it.
MR. BALLANTINE. Q. What did you say to him to induce him to take it? A. I said, "I am quite certain this article will suit the purpose of your manufacture, and I know you stand high"—he said the article would suit him—he examined it very minutely, and found it a very good fabric and very good thread, and he ultimately said, "I shall leave it with you, Mr. Dodson, to make the purchase.
MR. CLAKKSON (with MR. REW) submitted that upon this evidence there was no such active false pretence as came within the meaning of the Act of Parliament upon which the indictment was founded; that instead of obtaining the goods under a false colour and pretence, the Defendant was actually carrying on his usual business, and was pressed to buy what he had never ordered, asked for, or sought; that under the Factors' Act, if a person disposed of property entrusted to him, but made a statement before a Magistrate of what he had done with it, he was no longer subject to the law; and this the defendant had done by furnishing his account willingly; that the representation made to Messrs, Fordarti by Mr. Dodson was made without the consent of the defendant, and was no false representation on his part, he having only said, "Get the goods for me, purchase them as cheap as you can;" and that being obtained, it was not unlawful to pawn them.
MR. BALLANTINE contended that this was a question for the Jury; he urged that the false pretence need not originate with the Defendant, and might yet be such an active pretence as came within the Statute; the activity contemplated by the Statute was that of the mind, that a tradesman might obtain goods by false colour and pretence whilst sitting behind his desk, whilst a mere swindler would go to the shops of traders for that purpose; that it would have been the duty of the defendant to state that he was insolvent, and so place himself out of the supposition that he was trading honestly; but as he did not do so, he was acting under a false colour and pretence of carrying on business; and further, that if he obtained the silk, not intending to work it, but to pawn it, the colour and pretence would be false. The COURT considered that there was a case for the Jury, whether the application of Dodson to Messrs, Fordarti was not the application of the defendant himself; but that MR. BALLANTINE must elect on which case he would proceed. MR. BALLANTINE elected the case of Messrs. Fordarti.
DANIEL BEVIS . I carry on business in partnership with Mr. Tatlock, as silk-men and brokers. On 15th April I had a transaction with the defendant on my own account—I went to him, and found him in his warehouse, in Spital-square—I said I had got a sample of foreign thrown tram for sale, and asked him if he was a purchaser—he said, "Yes"—I showed him a sample, and asked him 29s. a pound—he consented to take it at that price—there was 981bs. net, 99lbs. gross, which came to 142l. 9s.—on 17th April I saw him again at his warehouse—exactly the same sort of conversation and dealing took place, and I sold him a parcel of 2391bs. of Italian orgazin, at 29s., which came to 343l., at the usual credit, five months—I had a transaction with him on behalf of Mr. Fellows—I cannot tell you the date; I think it was 16th April; but I sold him the only parcel of silk Mr. Fellows sold him—it was 249lbs. and some odd ounces—I have not cast it out, nor the price—I sold it for a gentleman, and therefore we had not the price—I went to him as a broker, and showed him the sample—I went to him in all cases; he did not come to me—I cannot say what he said when I showed him the sample, but he consented to take the silk at the price I offered it at—when I left his warehouse I went to Mr. Fellows, and informed him I had sold his bales—our porter is here to prove the delivery, if it is required.
JAMES FLOWERS . I am in the employ of Mr. William Fisher, a silk-broker. I was sent by him, on 5th April, to the defendant's warehouse with some samples to show him—he made an offer for some orgazin—the price was 28s. 9d. a pound—he accepted it—it was 150lbs. 15oz., which amounted to 215l. 12s. 6d.—it was delivered to him by a person named Sparkes.
JOSIAH ROBINSON . I am in partnership with Mr. Drakenford. I know the defendant; we have sold him goods—I have no doubt that he was in our debt—we have not proved under the bankruptcy—the last sale we made him was Jan. 17th, 1851—I am not aware that he asked us for credit after that; I think he did not—I am not aware that he applied to us after that for goods, nor on that occasion; I should say it was our own offering—we did not offer to sell afterwards—we had not much confidence, we had learned something about him about the time we stopped supplying him with goods—I had a conversation with him after Jan. 17th—I do not think I told him what I had heard—I should say he did not ask for further credit; but if he had, it would have been declined—I did not tell him anything—we made him various advances from the time we heard something, down to his bankruptcy—I should suppose the total we advanced him was about 2,800l.—it was advanced on silks, at various periods—I see no such sum as 215l. 12s. 6d. advanced to him on or about 17th April—we paid him 200l. on 17th April—we advanced him altogether 500l. on 17th April on the general account, and we received on the same day three parcels of silk—it was none of it in a raw state; it was all thrown silk; it was in the state in which the manufacturer buys it—we knew that he manufactured—the weights were 147lbs. 881bs., and 72lbs., gross—they were not worth 500l.; but on the general account we advanced 500l., as there was a surplus on the general account—we had bought silks of him—I should say that was not for other silks which he had deposited with us—on 24th April we advanced him 200l.—he deposited 2 cwts. of silk; and on 16th May I find 200l. to his debit—he deposited 211lbs. gross of silk—on 17th May we advanced 160l.—there was no silk on that date; but there was a second parcel on 16th May, 170lbs. gross—on 11th June 240l. was advanced, and he deposited two parcels of silk the same day, 1541bs. and 1021bs. gross—I have no recollection of Boyd coming to me about 27th May—I recollect purchasing silk of Attenborough—Mr. Boyd came to me about it—he said he had silk for sale, which he should
have a commission of 1l. per cent on if he sold it; I cannot say when it was—he said it belonged to a party who had speculated, or made an investment—I have no recollection whether he said it was a friend of his—he asked me how much it was worth—I cannot say whether he asked me the quantity, I have no data here on which to act—he did not tell me the name of the pawnbroker till after it was bought—I saw samples, and made Boyd an offer for it, which, after some treaty, was accepted—he came to my warehouse after that—Mr. Pauley was there—I could have told you when it was, if you had subpoenaed me to bring my books—it was ibis year—it was before the bankruptcy—you could have had the exact date if you had asked for it—I have not referred to my books to see—I decline offering any opinion as to whether it was in May, June, or April, because I cannot speak positively; I am unable—the bankruptcy was about the end of June, but I am speaking from memory—it was more than six weeks before the bankruptcy; I should say it was two months before; I will not swear it was three months—my opinion is that if a date could be given by myself, which would be nearly right, it would be some time in March, but I do not say positively—the nearest I can recollect is March—this book (looking at one brought into Court) will not tell me; it is my own book—Boyd, Pauley, Attenborough, and myself, were together on the delivery—it was delivered not more than a day or two after it was, decided on, at somewhere between 10 and 11 o'clock in the morning, at our warehouse—I have no data to say how much there was—it was from 2,000l. to 2,500l. in value—I have not the accounts, to tell you how much we had agreed to pay; Mr. Attenborough has them; with the extensive transactions we have, it is impossible to recollect—this book before me will show, if you can tell me the date.
Q. Look at 27th May? A. This is a diary of every day's transactions; "Tuesday, 27th May. Received of Attenboro 17 bags of silk"—the total gross weight is 2,259lbs.; there is no price—this is nothing but the book which comes in and goes out of the warehouse—I cannot tell you the gross price—after the delivery I said some of the silk was not equal to the sample—I paid Mr. Pauley, as Mr. Attenborough's representative—I think I gave a contract to pay at the time of the purchase—I believe it is Mr. Attenborough, the pawnbroker—I knew Pauley, his man, at the time the transaction took place—now I see it here, I have no doubt it was on 27th May, and not March—the silk I received from the bankrupt has been sold by us since the bankruptcy—no part of it has gone back to the bankrupt, nor any part of that which we purchased of Attenborough.
Cross-examined by MR. CLARKSON. Q. What are you, silk-alers? A. Yes, silk-men; we make advances on unmanufactured silk—we never have a piece of silk goods in our place—our business is raw silk—we do not make advances to manufacturers on unwrought silk as a general system; we have done it under peculiar circumstances—if we thought it would assist a man, and be a benefit to him, we should do it—we reap no benefit from it; it is a mere deposit of the silk; we sell it on his account, and charge our commission—we account to him for the proceeds.
MR. BALLANTINE. Q. At the time you commenced making advances he owed you money for silks he had purchased of you? A. I will see (looking at a paper); I do not think be owed us money then, but he does now—I should say 112l. 10s. would be the last parcel.
COURT. Q. Am I to understand you received the silks to sell for the party, and were to account for the proceeds? A. Yes; those were the
terms on which all the silk was deposited, but not what we obtained from Attenborough—that was bought outright; that we had not to account for.
JOHN PAULEY . I am in the employ of Richard Attenborough, a pawnbroker, The defendant has deposited silk with me for a certain time—the interest, by agreement, is fifteen per cent, per annum—in one case it was misrepresented in the paper—the deposit is made for four months, and if it is redeemed within a month it would be charged a month's interest—Boyd gave me orders to sell the goods deposited with me to Mr. Robinson, on 27th May—I was not to pay any commission to Boyd; he acted as his own agent—he gave me no directions as to keeping back the name of the person who was selling them, I never was asked the name—they were sold on 27th May, for 2,168l. 4s. 9d.—we had advanced on them 1,718l.—every particle was handed over to Mr. Boyd on 13th May, except the interest, which was 90l.—as soon as he gave me orders to sell, Mr. Attenborough advanced the money, and Messrs. Drakenford had seen the samples of silk, and knew what the bargain was—I had advanced 120l. on 17th May, on 160lbs. of silk—he got the balance some time before we got the money—I knew the money was safe—it was paid me by check as soon as the silk was delivered.
Cross-examined by MR. CLARKSON. Q. If the silk had been sold by you, there would have been a commission of one per cent, payable to the broker? A. Yes; the effect of that sale was to save the one per cent.—we had nothing but our interest—we should have charged commission, one and a half, or one, I cannot say.
MR. CLARKSON to MR. MAYNARD. Q. I believe, before the bills were found, they had been preferred before another Grand Jury, and ignored.
A. They had been absolutely presented to the Grand Jury, and ignored.
GUILTY . Aged 49.— Confined One Year .
NEW COURT.—Wednesday, December 17th, 1851.
PRESENT—Mr. Ald. HUMPHREY; Sir JAMES DUKE, Bart., Ald.; Mr. RECORDER; and Mr. Ald. SIDNEY.
Before Mr. Recorder and the Fifth Jury.
103. JOHN GOODFELLOW, PETER CUMMINS , and CHARLES DENT , breaking and entering the dwelling-house of John Sabine, and stealing 7 candlesticks, and other goods, value 3l.; also, 17 feet of leaden pipe, and 1 tap, 3s.; the goods of John Sabine. GOODFELLOW pleaded
GUILTY .* Aged 17.— Transported for Seven Years .
CUMMINS pleaded GUILTY . Aged 15. Confined Six Months and DENT pleaded GUILTY . Aged 15. Whipped .
GUILTY .— Confined Six Months.
MR. COCKLE conducted the Prosecution.
JAMES DWYER . I carry on business as a money-lender, at No. 3, St. Martin's-lane; my office is called the "Railway Loan Company's Office. "In Oct. last, I saw the prisoner on the subject of a loan, to a person of the name of James Gillard—that was at the prisoner's house, No. 17, Winchester-place, Pentonville—my clerk (Mr. Ryan) went with me—this promissory-note
(looking at it) has the prisoner's signature to it; I taw him write it—this note was given to roe on account of this loan—immediately he signed this note I advanced him 5l. less 5s.—these (produced)are circulars of my office—the 5s. was the interest of the 5l. for twelve months—it is written here the time he required it for, for twelve months—the prisoner saw this printed paper at his own house—I took it out, and stated what it was—the money was to be repaid at 2s. a week, and, in the event of an instalment not being paid, there was a fine of a halfpenny on each of the 2s.—we only charge for the one week—if he was in default one week, the fine was a penny—if he continued to pay during the other eleven months, we did not charge him any more—when at the prisoner's house, we had no conversation about his means, but we asked if it was his house, if he was landlord of the house he was then residing in—he said he was, and bad been upwards of two years—I asked him to produce his receipts—I did not say what for—I did not say for the house—he sent his wife up-stairs for the receipts—she returned, and brought down a wire file—he took a portion off indiscriminately, and she took some—he handed me one of the portion taken off; there were several taken off at the time—he took one of the papers that he took off the file, and handed it to me—he said, "These are my tax receipts; now here are my rent receipts"—he handed me several to look at—I took them in my band, and particularly looked at them—these are them (produced)—this one I know particularly; it is a poor-rate receipt, of Oct. 25th, 1851, for 2l. 4s.—I noticed this one, because the figures had been altered—these others I also saw—they are poor-rate receipts; one is of Sept. 15,1850, for 2l. 3s. 3d.—this other is Aug. 12th.
COURT. Q. Had you this poor-rate receipt for 2l. it. in your hand at all? A. I had; particularly that one—I asked to see his last quarter's receipt, and he handed it to me.
MR. COCKLE. Q. Look at the rent receipts? A. This last one is the one particularly that I saw—it is dated Oct. 30, 1851, for 9l. 10s., for one quarter, due at Michaelmas last—this is the one that I speak to particularly; we always ask for the last receipt—the others I merely scanned, seeing the last was correct.
Cross-examined by MR. COOPER. Q. What were you before you started this Loan Company? A. I kept a bootmaker's shop, first of all—I was a master man—I got money to commence this loan business from the death of my mother, 4,000l.; I cannot tell you what my mother was—she was a widow—my father and mother kept a chandler's shop for several years, at Woolwich—they used to cash the bills given to the Dockyard-men, who used not to be paid weekly, as they are now—I did not start a betting company at the time I started the Loan Company—I began the Loan-office after the Betting-office—I recollect the last Chester cup; by that and the Derby I lost 8,000l.; but previously by the Port Stakes, at Newmarket, I lost 6,000l. which I paid—I did not take a farthing deposit on the Port Stakes; they were all honourable stakes, and I paid, like a gentleman, the whole—I lost 8,000l. on the Chester and Derby, out of which I paid 2,000l.—I had received in deposits on that occasion about 900l.—I did not take the benefit of the Insolvent Court; I never went through any Court—I think I could get 20,000l. on my name now; I think there are twenty gentlemen who would do it—I can tell you, but I will not—I will not bring any gentleman's name into question here—Gillard first came to me on the 27th, I think, but I did not see him—when a person comes to borrow money, he has to pay 2s. that his character may be inquired into—on that occasion, we inquired into Gillard's character—when the sureties are named, they have not to pay anything that their character may be inquired into—they are all included in the
2s.—this promissory-note is on demand—5s. is paid down as interest, and 2s. a week as part of the principal; and if the 2s. is not paid, a fine of a halfpenny is paid—we have never entered up judgment if the payment is not paid for two or three weeks—the money is vested in my right to lend out—it is my own money—I mean to swear it is my own—it is not in Exchequer bills, or the Three per Cents.—it is handed to me—I have got it all ready—I hand it out as it is required—I have it from the Commercial Bank in Henrietta-street, Covent-garden—I put it in the Bank.
Q. Then, after all, you mean to swear that the money is your own, though you owe thousands of pounds which you have not paid? A. I have paid it, I was excited to lay the money on that horse, but legitimately it was not one quarter of the money I laid on that horse—I have about 800l. in the Commercial Bank to go on with this Company—I swear that there is 800l. lying in Henrietta-street, as the bank of this Company—no one has any claim on it, they cannot claim it—if I were to give a check on that bank for 800l. it would be paid—they have paid thousands for me—I can give you a proof of it (taking from his pocket a number of papers which appeared like checks)—I do not know exactly the time the paper was put in, but I know we went to the prisoner's house on the 28th, in the afternoon, and we granted the money the same night after 6 o'clock—we called at the prisoner's house, and stated to him that we had called—we gave him no notice of our calling—I do not know how many papers were on the file—it was about the length of your pen—this paper was handed to me because we asked for the last quarter's receipt—I think I gave the prisoner in charge on 9th Nov.—his house was searched the same night—on seeing these receipts on the 28th, I gave them back to the prisoner—I will not say whether they were re-filed in my presence—my clerk was in the room all the time I was there—he saw all that passed—the man to whom I lent the money represented himself as a tailor, which he was not—he gave me 2s. to inquire his character, which I did not—we seldom inquire about the person who borrows, it is the security we inquire after.
MR. COCKLE. Q. You say by this Chester and Derby you lost 8,000l.? A. Yes: about 900l. was deposited, which I returned with 1,100l.—I paid nearly 2,000l.—I called my creditors together—they were my creditors—other money was owing to me from other persons, very nearly 5,000l.—not a farthing of it has been paid—the Port Stakes were three or four weeks previous to the Chester, in this year—I have kept that account with the Commercial Bank in Henrietta-street nearly three years—I went from the prisoner's house to Gil lard's—it is in the same neighbourhood—I communicated to him the result of our interview with the prisoner—Gillard represented himself to be a tailor in the house, and that he was living there, which was a falsehood—he never lived there—he was let in for a sinister purpose.
MICHAEL RYAN . I am clerk to Mr. Dwyer. On 28th Oct. I accompanied him to the prisoner's house—Mr. Dwyer asked the prisoner if he was the keeper of that house, or the landlord; I do not know exactly the name he gave him—he said he was—he asked him if he could show him his receipts—he said, "Yes" and either he or his wife brought down a file with several papers, purporting to be receipts for taxes and rent—they were produced on the table—the prosecutor looked at them, and was satisfied that they were genuine receipts—we went away satisfied that they were all right.
Cross-examined. Q. How long have you been with this Loan Company? A. About three weeks; when we want money I generally get it from the Commercial Bank, in Henrietta-street—Mr. Dwyer gives me the checks—I
do not know who pays money in there—I do not recollect ever-carrying any money—I have never seen any gentleman come to pay any money to Mr. Dwyer—there have been several gentlemen talking to him—I do not know what they talk about—they talk privately by themselves—sometimes I go away—I do not know their names—I do not recollect whether any of them have left their names if Mr. Dwyer has been out—some may have left their name, but I did not take notice of it—the largest sum I have taken out of that bank for Mr. Dwyer was 100l.—Mr. Dwyer gave me the check—the checks were signed by him—his name was on them—the checks I have taken were similar to these (looking at them).
THOMAS EVANS (policeman, G 145). On 9th Nov. I went with inspector Brannan to 17, Winchester-place, Pentonville—I searched the house—I found these papers in the first-floor front-room—Mrs. Ion went up-stairs, I followed her, and she threw them down behind her in the comer of the room—I picked them up—she had got a tin canister in her hand—I could not say where she took that from—she ran from the passage, where we had a scuffle with her, into that room—she would not allow us to pass—the prisoner was at home at the time, in the lower room.
Cross-examined. Q. Were these papers on a filet A. No; they were rolled up in a roll of papers—some more papers were rolled up with these—I did not count them—they were those that are here, and three more, which I gave to the solicitor—I got a great many more down-stairs, in the front-room, I should say forty or fifty.
HENRY WRIGHT . I am one of the collectors of the poor-rates for Clerkenwell; I am collector for that part in which the house, 17, Winchester-place, is situated; I have been so about a year and a half. This is my signature to this receipt for 2l. 4s.—this amount has been altered most decidedly from 1l. 2s. to 2l. 4s.—my demand was for 1l. 2s., and that was the money that was paid.
COURT. Q. Was that the amount expressed on the face of it when you received the money? A. It was not received by me; I signed the receipt in blank, and left it at home in possession of my wife—the money was received while I was absent.
Cross-examined. Q. You say 1l. 2s. was due to you, but how much was received from him you do not know? A. Not of my own knowledge; I can see a "1l. 2s." peeping out under the "2l. 4s.—I was not present to see it paid—this "Mr. Ion, No. 17, Winchester-place," which is on it, was written by a little girl—I only signed the receipt in blank.
MR. COCKLE. Q. Look at the receipt for 2l. 3s. 3d.; is the signature, "Henry Wright," to that, your handwriting? A. Most decidedly not; I never authorized any one to write my name; it would be contrary to the rules and regulations of the Board of Guardians to do so—the date of this receipt is 15th Sept., 1850—this other rate receipt is not my signature—it is dated Aug. 12th, 1849, which was actually before I was appointed a collector—it is for 2l. 3s. 6d.—I was not collector for nearly twelve months afterwards—I was elected 11th June, 1850—I was collector at the time of this receipt, dated 15th Sept., 1850—there was certainly no other collector of the name of Henry Wright in Clerkenwell—I never heard that there was one in Aug., 1849—there are three other collectors, who have been in office from eighteen to twenty years each—the house, 17, Winchester-place, had been previously empty from two to three months—I found it occupied, and it became unoccupied in 1851—I found it occupied some time early in Sept.—I did not see the prisoner there then—I saw a female, who opened the door, and I asked the name of the keeper of the house.
COURT. Q. Before it was empty, who resided in it? A. Mr. Joseph Battersbee—he had lived there some time—he paid me two previous rates up to Midsummer.
MR. COOPER. Q. Do not you know that persons live one under another? A. I have known persons have lodgers—I have not known instances where lodgers have paid the rates—I am obliged to leave my house sometimes—if money were sent during my absence, no one would write my name—I tear two or three receipts out of my book, and leave them at home in case any one should call—I have an opinion about how these printed receipts got into other persons' hands—the house was empty, and was in a state of thorough repair.
MR. COCKLE. Q. Suppose a lodger pays the rate, does the receipt appear in the lodger's name? A. No; in the name of the keeper of the house, whose name I have on my book—I do not know where these came from—these are not my signatures—this one that is my signature was cut or torn out of the book—I have not the counterfoil of this; it is in the possession of the Guardians—whatever sum is inserted in the body of the receipt is in the counterfoil—it would appear in my handwriting on the counterfoil—in this case, the money having been given in my absence, the counterfoil is not here—it is not in my possession—when I leave a blank receipt, I enter the name on the counterfoil when I come home—I do not enter the sum on the counterfoil before I go out, because we do not know who may call—I am not able to judge whose figures these "2" and "4" are—I know that "1" and "2" were originally inserted, part of which I see under the other figures—I can tell whose writing that is; they were filled in by my little daughter under the superintendence of her mother.
EMILY WRIGHT . I was nine years old last April. I am daughter of the last witness—I remember the prisoner coming to my father's house at the end of Oct.—I do not remember the day of the month—he came to pay this rate—he did not pay me; I saw him pay my mother 1l. 2s.—I cannot remember now what money it was—this receipt was left with me—I filled it in while the prisoner was there; I filled it in by my mother's direction—the prisoner was present at that time—I filled in the receipt for 1l. 2s.—this receipt has been altered—after I had filled the receipt in I gave it to the prisoner, and he took it.
Cross-examined. Q. Have you filled up other receipts? A. Yes; not a great many—when my father is out, I am his clerk to do these sometimes—I have never written my father's name, Henry Wright—I know this paper again by my writing on it—I put down "1l. 2s. "—they were my figures—the money was paid to my mother.
COURT. Q. Did you take it out of the book? A. It was on the mantelpiece, it bad been taken out of the book before—I did not fill in the counterfoil—I have seen the book that this was taken out of—I did not make any entry in that—I have not seen the counterfoil from which this was cut—I think my father was absent from home the whole day—I never knew my mother to sign my father's name—I had seen the prisoner come once before to our house, not long before.
JOHN LESTER ROBSON . I am landlord of the house, 17, Winchester-place. The prisoner has been my tenant a short time—he commenced last Michaelmas Day—the house was empty for thorough repair for one quarter, from Midsummer to Michaelmas—I made the repairs—the house was entirely tenantless during that period—the name of the previous tenant was Mr. Battersbee; he left at Midsummer last—I very seldom went to the house
when the previous tenant was there—the signatures to these receipts for rent are not my writing—I never authorised any one to give these receipts—the rent of my house is 44l. a year—I never authorised any one of the name of Robertson to write receipts for roe—no rent has been paid to me by the prisoner—there is none due till Christmas.
Cross-examined. Q. Before you let the tenant in, you made inquiries? A. I did; he gave me a reference to a Mr. Stanley, in Bridge-street, Southwark-bridge-road—I endeavoured to find him, but he has absconded from the neighbourhood.
JAMES BRENNAN (police-inspector). I went with Evans on 9th Nov. to 17, Winchester-place, New-road, Pentonville—the prisoner was there—after I gained admission, and took him into custody, Evans went up-stairs and searched the house.
COURT to HENRY WRIGHT. Q. You said that 1l. 2s. was due to you? how do you make that out? A. In Clerkenwell it is an annual rate—it is made for the ensuing year—the house was rated at 33l.—the annual rate is divided into two moieties; the rate being 2s. 4d., we collect 1s. 4d. in the first instance, leaving 1s. unpaid; but I only charged him for one quarter—the house being unoccupied, my demand was only 1l. 2s.—I believe he was in the house from the beginning of September, but my charge was from Michaelmas.
GUILTY. Aged 45.— Judgment respited. (See page 127.)
THIRD COURT.—Wednesday, 17th December, 1851.
PRESENT—Sir JOHN KEY, Bart., Ald.; Sir ROBERT WALTER CARDEN, Knt., Ald.; Mr. COMMON SERJEANT; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq. and the Seventh Jury.
MR. BRIARLY conducted the Prosecution.
CHARLES WYLDE . I am foreman to Mr. Edward Grant, leather seller, of Chiswell-street. On Monday, 8th Dec, the prisoner came to our warehouse, and asked if we purchased pieces of leather—he was told yes, by a young man, in my presence—he showed some leather, which was purchased of him at 1s. a lb.—on the Tuesday he came again, brought some more, walked to the wale, put them in himself; they were weighed and examined, and seemed to be similar to what we had purchased before, and we purchased them—on the Wednesday I was examining the leather at my leisure, valuing the pieces, and then found they were not the description of pieces we were in the habit of buying of upholsterers—they did not appear like upholsterers' cuttings, but appeared as if they were skins which had been cut into pieces for the purpose of sale, not waste pieces—I found I could put them together as whole skins—on the following day I gave information to the police, and on the Friday, at about twenty minutes past 1 o'clock, at which time the prisoner had been in the habit of coming, I had a policeman there—the prisoner came, brought some more pieces, put them into the scale, and I paid him for them—I have a memorandum here of the amount he brought each day (reads—Monday, 8th, 21/4 lbs.—9th, 23/4 lbs.—11th, 1lb. 15ozs.—12th, 11/2 lb.—and 13th, Saturday, 23/4 lbs.)—I did not pay him for what he brought on the Saturday—it was all leather of the same description, roan and skiver—he did not give any account of how he became possessed of it—we have been for
many years in the habit of buying upholsterer's pieces—the pieces he brought on the Saturday fitted to each other, and I have tied up all the pieces into separate skins—each parcel makes a whole skin—when became on the Saturday he was taken into custody.
Cross-examined by MR. CHARNOCK. Q. Mr. Bartholomew, the prosecutor, is an upholsterer? A. Yes; upholsterers have cuttings, and we buy a great-many, but not of this description—the present charge is for the leather brought on the Saturday—I did not know the prisoner was in Mr. Bartholomew's employ—we buy of people without knowing who they are, when they bring waste pieces—I did not examine the pieces at the time the prisoner brought them, on account of my being busy—I merely looked to see the size—we give from 3d. to 2s. 8d. a lb.—the prisoner appeared sober—this (pointed out by inspector Brannan) is what he brought on the Saturday—I gave it all up to Brannan—I should not be able to tell now myself which is which.
HENRY FARNHAM . I am in the service of Mr. George Bartholomew, of Cannon-street. The prisoner has been in his service three or four months; he is an upholsterer—this leather is Mr. Bartholomew's—I gave it him out on the Saturday morning to cover a chair with, and put a mark on it in consequence of a communication made to me by Mr. Bartholomew—I had been out of town, and came home the night before—the prisoner had no authority to take anything away.
Cross-examined. Q. Had you a character with the prisoner? A. Yes, a good character—I do not know that he has been a soldier, and has a piece of silver in his head—I marked the skins I gave the prisoner in a particular way—he bad to cover a chair, but only did the back of it—there are no perquisites at our house—the prisoner has never sold leather by my direction—I did not before I went out of town desire him to collect the cuttings, and I did not when I came back complain that he had not given me, or my master's son, our proportions—our cuttings have only been sold once since we have been in Coleman-street.
COURT. Q. How many did you give him out on the Saturday morning? A. Seven roans and one skiver—I find here three whole skins, two roans and one skiver.
JOHN REEVE (policeman, 424 G). On Friday 12th, I went opposite the counting-house at Mr. Grant's warehouse, and at 20 minutes past 1 o'clock I saw the prisoner come in with some skins—I afterwards saw him go out, and followed him to a public-house in Hoxton, where he joined another roan—I afterwards followed him back again to Mr. Bartholomew's, No. 1, Coleman-street, and I then communicated to my inspector what I had done—that is how we knew where the prisoner worked—on the Saturday, I concealed myself opposite Mr. Bartholomew's, and the prisoner came out at a quarter-past 1—I followed him up Coleman-street and Moorfields, into Ropemaker-street, where he took two rolls out of his trowsers pocket—previous to that I could not see that he had anything—he put them under his arm, went through a court into Cripplegate-street, and then took a third roll out of his coat pocket, and went up Milton-street to a public-house—I waited till he came out—he stopped a second and looked round, and then went to Mr. Grant's, in Chiswell-street, with the three rolls—I afterwards went in.
JAMES BRANNAN (police-inspector, G). I was at Mr. Grant's, on Friday and Saturday—on Saturday, at half-past 1 the prisoner came with this leather under his arm, and put it into the scale—I came from the counting-house and said—"I belong to the police, where did you get that leather from?"—he said,
"From the City"—I said, "Do you choose to account for the possession of it," he declined—I asked where he worked, he would not tell me—I said, "Shall I tell you, I presume you work at Mr. Bartholomew's, the upholsterers, in Coleman-street?"—he said, "Yes I do"—I took him into custody, and took this leather from the scales—on the way to the station he said, "I use up the small pieces, and save the larger as perquisites.
GUILTY . Aged 46.— Confined Six Months.
107. GEORGE CURTIS , stealing 28 yards of bed-furniture, 1 umbrella, 4 yards of alpaca and a variety of articles, of William Burdett, his master: and ELLEN CURTIS and SARAH PEACOCK , feloniously receiving the same; George Curtis having been before convicted: to which GEORGE CURTIS pleaded . GUILTY . Aged 30.— Transported for Ten Years.
MR. PAINELL conducted the Prosecution.
WILLIAM SMITH (policeman, K 28). On the evening of 24th Nov. I took the male prisoner in custody, and took a parcel and deal box from him, which I took to 22, Stacey-street, Stepney, I believe that is where he lives—I found Ellen Curtis there, and Peacock and her husband—I afterwards found that Peacock lived at 110, Brunswick-street, Hackney-road—when I took the box to 22, Stacey-street—I said, "I have brought it from Mr. Curtis"—I was in plain clothes—one of the females, I do not know which, said, "Come in"—I went in—I had given Mr. Burdett information the day before, and he was in the neighbourhood—after I had got into the room, Mr. Burdett knocked at the door, and I then told them I was a policeman, and I had taken Curtis to the station—there were two rooms, I searched them and found all these articles in one room or the other—I found seventeen pieces of silk, varying from eleven to eighteen yards each; a piece of terry velvet; one piece of bed-furniture; four pieces of cloth; one piece of merino; one umbrella; two for riding boas; four pieces of glazed lining; three pieces of black holland; three pieces of alpaca; five silk-handkerchiefs; thirteen lengths of ribbon; four cotton shirts; three lengths of towelling; one pair of braces; two neck-ties; one piece of wool plaid; one pair of cotton drawers; two pieces of silk velvet; one toilet-cover; three pieces of lace; four towels; five pairs of socks; three lengths of muslin; ten collars; one pair of stockings; three pairs of gloves; three nightcaps; one piece of flannel; two lengths of linen, and a quantity of tapes, pins, needles, buttons, and cottons—I also found forty-four duplicates—I did not take them in custody then, but on 26th, when Peacock gave the address, 110, Brunswick-street, as her lodging, I went there and found a duplicate for four pair, of hose, pledged at Mr. Folkard's, on 22nd Nov., for 2s., in the name of Ann Curtis.
Cross-examined by MR. ROBINSON. Q. Did you ask Mrs. Peacock for her address? A. She was asked, when she was charged at the station.
JAMES YOUNG . I am assistant to Messrs. Folkard's, pawnbrokers, of Upton-place, Commercial-road. I produce a piece of calico, pledged on 16th Oct. in the name of Ann Curtis, I do not know who by—I also produce a piece of silk, pledged on 23rd Oct. for 1l., in the name of Curtis, I do not know who by—I produce a piece of cotton, pledged on 1st Nov. for 1s. 6d., in the name of Ann Curtis—I believe that was pledged by one of the female prisoners—I produce four pairs of hose, pledged on 22nd Nov.—they were brought by both the females—I cannot say to whom I gave the money.
Cross-examined by MR. RIBTON. Q. Are the greater number of pledges in the name of Ann Curtis? A. All; the 22nd Nov. is the only occasion on
which I can distinctly recollect seeing the prisoners—it is not unusual for people to pledge in another person's name.
MR. PARNELL. Q. Are those the tickets (pointed out by Smith) you gave on the different occasions? A. Yes.
GEORGE HENRY PAULIN . I am in the employ of Desper and Corner, pawnbrokers, of the Commercial-road. I produce some cambric handkerchiefs, pledged as lawn, on 16th Oct. for 1s. by the female prisoners in the name of Ann Curtis—I also produce a piece of calico, pledged for 1s. on 24th Oct. by the two prisoners, also four pairs of hose on 29th Oct. for 1s. 6d. in the name of Ann Curtis, I cannot say who by; also, a toilet-cover, pledged on 31st Oct. for 1s. 9d. by the two females in the name of Ann Curtis, a gown-piece on 6th Nov. for 1s. 6d. by the two prisoners in the name of Ann Curtis, a piece of diaper by the prisoners in the same name for 2s., a table-cover on 15th Nov. for 1s. by the two prisoners in the same name, a piece of calico on 24th Nov. for 1s. 6d. by Peacock alone in the name of Ann Curtis—one of them, I cannot say which, said her husband was a linendraper, and she had these articles at cost price, and she was to do the best she could with them—the things were all quite new—I am sure that Peacock came alone on 24th, because I had given information before, and took particular notice—I kept her at the shop and sent to the station—it was in consequence of the answer I received that I took in the pledge and let her go.
Cross-examined by MR. RIBTON. Q. Have you a distinct recollection of the two females coming? A. Yes; and on one occasion Peacock came alone, and gave the name of Ann Curtis.
Cross-examined by MR. ROBINSON. Q. Do you mean to swear she gave the name of Ann Curtis? A. Yes.
COURT. Q. Were they together when that account was given of the husband being a linendraper? A. Yes; I know now that Curtis's husband is a draper's assistant—she said her husband was living at a wholesale house, and he had the things at cost price, and she was to do the best she could with them.
MR. PARNELL. Q. Would the cost price be more or less than what you advanced? A. Considerably more; I should have advanced much more if I had been asked for it—it was that which made me suspect.
WILLIAM DEAN . I am in the service of Mr. Asbridge, pawnbroker, of Mile-end-road. I produce a table-cover, pledged in the name of Ann Curtis on 24th Nov. for 1s. by one of the females, I cannot say which—they were in the habit of coming together.
WILLIAM SMITH re-examined. I do not find a corresponding duplicate to this of 24th Nov. among the forty-four I found, or for the calico on 24th Oct.—I find one for the four pairs of hose on 29th Oct., a gown-piece on 6th Nov., the diaper on 7th Nov., the toilet-cover on 31st Oct., and also one for the lawn.
WILLIAM BURDETT . I am a draper, and carry on business at York-terrace, Commercial-road. The male prisoner has been in my service two months—he did not sleep in the house, but went home every evening—I watched him on the evening of 22nd, and in consequence communicated with sergeant Smith—I was with Smith when this property was found—I believe the greater portion of it to be my property; several of the articles have my mark on them, this black silk has my mark, and all the articles are similar to what I find deficient in my stock—I am quite sure these cambric handkerchiefs produced by the pawnbroker are mine; they have my mark, and also the diaper—I
have a piece of table-cover corresponding to this found in the house—the male prisoner had access to all these articles.
Cross-examined by MR. RIBTON. Q. Is yours a wholesale house? A. No; I never sell wholesale—it is not a very large retail house—I keep about twenty hands.
COURT to GEORGE HENRY PAULIN. Q. What was the statement the female made? A. That her husband lived at a wholesale linendraper's ware-house, and had the goods at cost-price, and she was to do the best she could with them—I do not recollect that she used the word "assistant."
ELLEN CURTIS— GUILTY. Aged 22.—Recommended to mercy by the
Prosecutor.— Confined Three Months.
PEACOCK— NOT GUILTY .
(There were two other indictments against the prisoners, to which George Curtis pleaded Guilty, and MR. PARNELL offered no evidence against the others.)
108. ROBERT MATTHEWS , feloniously cutting and wounding Harriet Donno on her neck and throat, with intent to kill and murder her.—2nd COUNT, with intent to maim and disable her.—3rd COUNT, with intent to do her grievous bodily harm.
MR. THOMPSON conducted the Prosecution.
HARRIET DONNO . I am married, but I do not know whether my husband is living. I lived with the prisoner, as his wife, for about two years, and passed by the name of Matthews—on 13th Nov., between 11 and 12 o'clock, I told the prisoner I should leave him, and get a lodging elsewhere—I said I would not pledge my clothes any more for him—I do not know what answer he gave me—he left home directly afterwards with Appleton—on the evening of that day I went to a public-house, with three young women and two young men—I drank there, and was very much the worse for liquor—we also had some pies; and whilst eating and drinking, the prisoner and Appleton came in—the prisoner asked me if I would go home with him—I said I would not come home, and I was very aggravating to him—I kept saying to him, "You go by yourself; I won't go home," I knew there was nothing that aggravated him more than that—I went outside with him, and he asked if I would come home—I told him I would not, he might go by himself; and he asked me for 2d. to get a pint of beer with—Appleton said, "Let her go in again, because she should not be laughed at"—I was not so drunk then as I was afterwards—I went into the tap-room again; and the three young women and the two young men, and me, got quarreling, and I took off my bonnet and shawl—the prisoner was then standing at the fireplace, at my side—I received a wound, and found blood flowing from my neck—I cannot say who gave me the wound—we were all quarreling together—I knew no more till I found myself at the hospital.
Cross-examined by MR. GIFFARD. Q. Were there other parties in the tap-room besides these five? A. Yes; two or three came in while we were quarreling.
WILLIAM HENRY APPLETON . I worked with the prisoner—he had a horse and cart, and sold coke about the streets—he lived in Brick-lane, Spitalfields, and I lived with him—the last witness lived with him as his wife—on 13th Nov. the prisoner and I went out, between 9 and 10 o'clock, and went to Greenwich—before we went, the woman told the prisoner she was going to look for a room, and did not require us to go with her—we returned home between 6 and 7 that evening, both quite sober—we went home, and found
the female was not there—we sat down, and eat some bread; and the prisoner said, "Bill, let us come and see if we can find Harriet;" and we went to her mistress's, where she used to work at slopwork—she was not there, and the prisoner said, "Let us come to the Duke of York, in Brick-lane"—we went there, and found her sitting in the tap-room, with three other women and two men, drinking—she was rather tipsy, and the prisoner asked her if she would come out a minute, he wanted to speak to her—after asking her two or three times, she said, "I shall not come till I have eaten my pie"—about ten minutes after she had eaten her pie, Matthews again asked her to come out—she came out, and they went outside the door, and the prisoner asked her would she come home and go to bed—she said, "No; I will go in and bid them good-bye first"—she went in, and sat down, and poured out a glass of gin and drank it, and likewise handed the prisoner one, and he drank it, and sat down on the corner of the table, smoking—about ten minutes after they had come in there was a bit of a quarrel between the prosecutrix and another female, and the prosecutrix pulled off her bonnet and shawl, and began fighting—the prisoner was then standing at the fire, at my side—they left off fighting, and the prosecutrix sat down with the other female, about three yards off Matthews—Matthews walked up to the prosecutrix, put his hand into his right coat-pocket, pulled out this white-handled knife, and drew it along the prosecutrix's throat, just under the left chin—the prosecutrix sat on the form, bleeding, and then she was laid on the floor, and she kept crying out, "Mother, mother! Jim, Jim!"—the prisoner came to me, and said, "Bill, I have done it; go and get a policeman"—I said, "Done what?"—he said, "Cut her throat; go and get a policeman"—I know the knife; I have been in the habit of seeing it for five weeks or a month, while I have worked for the prisoner—it was generally kept on the table—I had seen the prisoner sharpening it that morning with a little file—he then tried it on a bit of wood, and said, "It will not cut now."
Cross-examined. Q. What time was it when he was sharpening the knife? A. As soon as we had had our breakfast, before the prosecutrix said she was going to take another room—they appeared to live very comfortably together.
ANN DOWNEY . I am single, and live at Raven-street, Stepney. I was in company with the prosecutrix on this evening, but was in liquor when this happened—I do not recollect any one coming into the room.
JONATHAN COSIER (policeman, H 203). On 13th Nov., about half-past 7 o'clock, I was called to the Duke of York, I went into the tap-room—the prisoner bounced towards me as soon as I went in, and said, "I have done it; I will go with you; I am sorry for it; I hope I shall be hung for it"—I saw the prosecutrix lying on the floor, and a surgeon attending her—I received this knife from the landlady—at the station, the prisoner said he had done it for her, he had told her he should, and he hoped he should be hung for it, she had aggravated him to it.
JACKSON GOODENOUGH KENT . I am house-surgeon at the London Hospital. The prosecutrix was brought there on 13th Nov.—she had been bleeding very much, and was so then—I examined her, and found a large wound on the left side of the neck, about three inches long and one deep—it partly divided one of the large muscles of the neck, and one of the large veins—it was an incised wound—this knife would make such a wound—she was in danger of her life about twenty-four hours, and was not able to attend at the police-court for a fortnight.
GUILTY on 3rd COUNT . Aged 24.— Transported for Ten Years .
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY . Aged 34.— Confined Twelve Months.
GUILTY.—Received a good character—Recommended to mercy. — Confined Six Months .
GUILTY .— Confined Twelve Months.
MR. COOPER conducted the Prosecution.
SAMUEL DRING . I live at 21, Long-alley, Moorfields, and am a grocer and cheesemonger. I deal with Mr. Allhusen—on 24th July I paid the prisoner 10l. 4s. 10d. on Mr. Allhusen's account—he receipted this invoice (produced).
GEORGE ALBERT. I am a grocer, at 93, Long-alley. I dealt with the prisoner occasionally on Mr. Allhusen's account—on 25th Sept. I paid him 2l. 11s. 4d., for which he gave roe this receipt (produced)—on 9th Oct. I paid him 3l. 3s. 6d., for which he gave me this receipt (produced)—I paid him both sums on Mr. Allhusen's account.
WILLIAM ILIFFE . I am cashier to Williams, Deacon, and Co. Messrs. Allhusen keep an account with us, and the prisoner has been in the habit of paying in money, for which I gave him receipts—he paid in sums from 20l. to 60l.—I have an extract here copied from our bank books—(The Common Serjeant considered this extract could not be used as evidence, bankers' books not coming under the definition of public books ought to be produced).
CHRISTIAN ALLHUSEN . I live at Elswick, and carry on business at Gateshead, as a chemical soap-manufacturer. The prisoner was in my employ, to make sales and collect money—whatever money he collected he ought to pay into Williams, Deacon, and Co., and send me an account of his collection at the end of each week—I have the accounts here (produced); they are in the prisoner's writing—the names from whom he received money are put on one side, and the items opposite—I do not find in the account where the 24th July ought to be, the name of Dring, 10l. 4s. 10d.—or 25th Sept., Albert, 2l. 11s. 4d.; or 9th Oct., Albert, 3l. 3s. 6d.
COURT to WILLIAM ILIFFE. Q. Can you say the prisoner did not pay you any of those sums? A. I cannot say; he used to pay the money in a lump—I have extracts from the ledger between 26th July and 25th Oct.—it would be exceedingly inconvenient to bring the ledger here—there are no other clerks than me to whom money would be paid on account of Mr. Allhusen—if the prisoner went to other clerks, they would send him to me—I have examined the books this morning.
Prisoner. I do not deny receiving these sums, but I never paid them in.
GUILTY . Aged 60.— Confined Six Months.
OLD COURT.—Thursday, December 18th, 1851.
PRESENT—Mr. BARON ALDERSON; Mr. JUSTICE WIGHTMAN; Sir JOHN KEY, Bart., Ald.; and RUSSELL GURNEY, Esq.
Before Mr. Baron Alderson and the Second Jury.
MR. BRIARLY conducted the Prosecution.
AMELIA WALSH . I am married, and live at 39, Middlegrove-street, Commercial-road. On Wednesday, 19th Nov., the female prisoner came and took a parlour on the ground-floor—I asked her how many she had in family, and she told me she had one baby at the breast. On Saturday, 22nd, she came and took possession of the room; she brought the baby with her—I did not see the male prisoner till the Sunday, and I there saw another little girl at the window—I first saw the deceased child on the Tuesday evening; I believe her name was Bridget—I heard the prisoners call her so—she appeared about a year and nine months old—the female prisoner came home intoxicated that evening—I followed her into the room, and saw the deceased in the room with her head in a basket, and her feet on the bed; she had nothing on but a dirty night-gown with short sleeves—I took the child up, went to the mother, and asked whose the child was—she did not answer me till the third time of asking, when she said it was her child, and she was the mother of three—the child seemed very languid through neglect and want, it appeared nothing but skin and bone; its little back was like feeling a piece of wood; it was very dirty, and looked as if it had not been washed for a full week—I asked her if she would allow me to take the children down-stairs and warm them—she said I might, and I took Mary Jane and Bridget down to the fire; there was but little fire in her room—I gave Mary Jane her tea, and gave Bridget some sop, which she ate ravenously—the male prisoner came home some little time after—I opened the door for him; I invited him down-stairs, and showed him the state the child was in, my husband told him it was starved, and I told him it would be a charity to take it to the workhouse—I asked him to go up and make his fire, and get his wife to bed, and take the children up-stairs—shortly after he went up-stairs, and I directly heard some quarrelling and screams of murder from the female—I went up; there was no light there, my husband carried one up—I asked the male prisoner if he had got any candle, he asked his wife if she had any candles—I do not think she made any answer, but I cannot be positive—the children were down-stairs at that time—he asked his wife for some money, and she gave him her purse; there was 61/2 d. or 6d., and two halfpence in it—I fetched a candle with a halfpenny, and then left them—I heard them quarrelling again several times—I took the child Bridget up-stairs, and gave it to the father, and the other child went up with me afterwards—shortly after, the mother left the room, and said she should not return that night—I begged her to stay at home with her husband and children—she refused to do so—she went out and took the baby, and I saw no more of her till next morning, when she came in from nine to ten o'clock—her husband went out shortly after her, I opened the door to him when he came back—he had a piece of paper in his hand, with apparently a piece of meat in it—I do not know what he did with it—I went to the room in the morning to inquire how she was, and asked her if she would quit the room as that day, and I would give her the week's rent, as I
was so annoyed by the nuisance—she turned round and looked at the children, and said she wished they were all dead, and she would not be with her husband one hour—I did not go into their room on the Thursday—the mother was out the biggest part of the day on the Thursday, and I saw nothing of her; but in the evening I heard them jangling together as usual—on the Friday night I went and complained about the door being so constantly open, and said I hoped they would quit to-morrow—the woman said she would not quit that week; the man said I was not aware of the trouble they were in, and the female then told me that the two children were dead—I then went into the room, and saw the child Bridget dead, and laid out upon the table with a small chemise on—it had a black bruise from its hip down its leg—I asked what was the cause of it, and the father said it was a death-blow—the mother pointed to the little girl, and said, she was in hopes she should have buried that before the other one had died—she did not express particular regret at their deaths.
William Murphy. Q. What did you say to me on the Tuesday night? A. I told you the state of the child, and that it would be a charity to take it to the workhouse—you were intoxicated at that time as well as your wife—I gave your wife warning on the Monday night—you did not say Bridget was dead, your wife said that both the children were dead; and when I said there was only one dead, she made answer, "The other soon will be."
Mary Ann Murphy. This child was six weeks ill; all the three children were afflicted with hooping-cough and measles. Witness. I never heard them cough—I do not recollect its being stated that they had hooping-cough—the came in on Tuesday night quite intoxicated—she told me that the children were both ill, and under the care of the doctor.
HENRY BULLOCK . I am a cooper. The male prisoner was in my employ for the last five weeks, up to the time of his being given into custody—for the first four weeks he earned, on an average, 24s. a week, and for the last week only 14s., as he was out drinking—I only know that from what my men say—he might have had work, but he neglected it—he might have earned as much as he had done on former weeks if he had pleased—I pay my men by the piece—he could earn 24s. with ease, more if he pleased—he had been in my service several times before, and I have generally been obliged to discharge him through his intemperate habits—he is a very good workman.
DR. TRIPE. I am a surgeon and physician, and live at 7, King's-place, Commercial-road. On Monday, 24th Nov., a child, who I believe to have been the deceased, was brought to my house, in arms, by the female prisoner—it had bronchitis—I prescribed for it—I saw it after death, on Sunday evening, 30th Nov., having been fetched to it by sergeant Kelly—I made a post-mortem examination on Monday morning, 1st Dec—I found the child exceedingly emaciated and dirty—the dirt was quite grimed in at the poll of the neck—I believe it had been washed since its death, but it could not be washed out—I found the vessels of the scalp slightly congested—on opening the head I found the vessels of the brain also slightly congested, and a small quantity of watery fluid in the ventricles—the air-cells of the lungs were considerably dilated—I have often seen them very much more so, but they were decidedly enlarged; the lungs were otherwise healthy—the state of the lungs was caused by hooping-cough—the liver was healthy, the stomach pale and empty, the intestines small, pale, and almost empty, containing only a small quantity of dark-coloured fluid—in my opinion the child would not have died at the time it did, had it had proper nourishment, or food—whether the hooping-cough would in the end have destroyed it
or not I cannot say, but there were certainly not sufficient morbid appearances about the child to have accounted for death of themselves—I should say it had certainly not had any solid food for thirty-six hours before its death—I judge of that, from not finding any solid matter in the intestines; it would take that time to pass solid food through the system, unless there was any diarrhoea existing—I am ignorant whether there was diarrhoea or not—there was much less flesh upon the person than there ought to have been in a child of that age—I believe the water in the brain arose from a want of a proper quantity of blood, still the hooping-cough might have caused it, I cannot swear which it was—the child was labouring under dilatation of the air-cells, which shows that it was either then or had recently been labouring under hooping-cough—I did not hear it cough—it is clear it must have had hooping-cough for some little time—I have no doubt the whole appearances were caused by hooping-cough and want of food combined—I believe she died from those causes combined; want of food alone could not have caused the dilatation of the air-cells, or other appearances—the child was not sufficently emaciated to account for death from starvation alone—I should say the hooping-cough could not have gone off for a very long time, or the dilatation of the air-cells would have diminished; it must have been comparatively recent.
COURT. Q. Does hooping-cough prevent a child from having much appetite? A. Sometimes, but not generally; it is rather the reverse sometimes, because a child usually vomits its food with each attack of the cough, and therefore, as a rule, takes more food to make up for the quantity vomited—I do not think there would have been such a complete absence of food in the intestines if the child had had food given it, and had vomited it up again, and then been re-supplied with food—I think there must have been a greater or less absence of the administration of food after the vomiting, but not sufficient to kill by starvation alone—it would have been more emaciated if it had died of mere starvation.
William Murphy's Defence. On the Saturday night previous to this I gave my wife 22s., and 10d.—worth of tea and sugar I brought in to save her going out again—on the Monday evening I left her 11s. 6d. by her own account—I came home on the Monday night, and on the Tuesday night she was drunk—I did not like that, and we got into a row—I went for a pound of steak, and gave the children their supper, and put them to bed, and got to bed myself—I said to her, "You had better go out of this place before we have any more row;" so she went—I went out in the morning, and did not come home till about 6 o'clock, or half-past; the children were in bed every time I came in, and when I have gone out in the morning I have left them in bed; they generally had breakfast alongside of me, I made toast expressly for them; I have done my duty by the children, if it was the want of money that killed the children it is not my fault, I gave it to her; on my word and conscience I am speaking the truth, and there she is to contradict me if she likes.
Mary Ann Murphy's Defence. I never neglected my children, but the Lord afflicted them, and two of them died; he is very right in saying he gave me 22s., which kept us for the last fortnight; I was a complete slave to my children, but our means did not allow me to have anyone to do for them, one of them died in my arms while I was attending to the other; my mother was with me for the last two or three nights, and she can prove that I brought in some arrow-root and wine, which was the last thing I gave my little Bridget, but ever since Dr. Tripe administered the medicine she left off eating; he is quite right in saying that she never ate for the last thirty-four hours; my husband, his mother, and myself were up three nights with them; we managed
for them as well as we could; I parted with the shawl off my back to keep them; we have been married six years, and have nothing to answer for before God for our children.
MARGARET MURPHY . I am step-mother to the female prisoner. I knew the little children that are dead—I live at 8, Cooper's-court, Blue Anchor-yard—I occasionally went to see the prisoners at their lodging, and saw the manner in which they behaved to their children; a better father was not in London, and the mother was a good mother, but she might take a drop at times—the father did not—I remained in the house with them from the Thursday—she came to me on the Thursday with one of the children convulsed—it was Bridget, and she remained in the fit all Thursday night—she had hooping-cough, I heard her hoop—we strove to open her teeth with a spoon to put a drink on her, and she could not take it; it was milk-and-water and sugar—there was plenty of food in the house—the mother fed Bridget as far as she could, but she could not take solid food, only drink—her bowels were very bad indeed, very relaxed, what she took came through her very quickly—that was the case on the Thursday and Friday.
MRS. WALSH re-examined. I saw this woman in the house on Friday night, and on Sunday morning—I did not see her before the Friday.
NOT GUILTY .
Before Mr. Justice Wightman, and a Jury composed of half foreigners.
MR. EDGAR conducted the Prosecution.
JOSEPH ULLMAN . I carry on business at 466, New Oxford-street, as an ironmonger. I have known the prisoner about ten years—I first became acquainted with him at Munich—I saw him in this country about three years ago—I met him in the street, brought him to my house, and gave him relief—I have seen him since sometimes in the street, but never spoke with him—On 20th Nov. I received this letter (produced)—I know the prisoner's handwriting, I have seen him write—this is his writing, it is in German—I have made a translation of it.
WILLIAM FRANSSEN . I was employed to translate this letter—this is the translation I made, annexed to the deposition, it is a true translation—(read)—"To Mr. Ullman, 437, Oxford-street, Nov. 20, 1851; I beg to inform you that since the 22nd of March, I have been employed by the Trades' Protection Society against fraud and swindle; my duty is to give a true and exact account of such persons who have quitted Germany under suspected circumstances. I have been given to understand you have now established a business in hardware; it can be possible that this business is founded upon solid grounds, but knowing too well the circumstances and situation in which you were placed a short time ago, being too well acquainted for what reason you left Munich, and for which you were several times published in the Augsburg Gazette, and prosecuted by the law; there are at the present moment not less than six of these newspapers before me, and it is my duty to publish you in my monthly communication. I do not like to prosecute you in regard to your relations abroad, and in particular that I do not wish that a Jew is always the first, and satisfy my conscience and duty, for well do I know that this my communication would do you great injury, and therefore make you this for me unpleasant proposition: will you send me by Saturday 15l., then I will destroy this communication. I do not wish for an answer, in fact I shall be glad not to receive one; it is only a pure weakness of me
to make you this proposition, but I will console myself, and will give you time till Saturday for reflection. This to your notice respectfully. L. Reichenberger."
Cross-examined by MR. LILLEY. Q. How long have you been resident in England? A. About five years—I am a native of Munich—I resided there about eighteen or twenty years prior to my coming to England—I left for this reason, because I gave my money out at more than 5 per cent.—I was not expelled by the police, nor ever prosecuted—I was not expelled for usury—I came to this country to begin a business here—I was not forced to leave Germany—I was not obliged to leave, in consequence of lending my money at more than 5 per cent.—I was fined a few thousand florins, but I was not removed from the country for that cause—I was not fined much—I cannot say how much—it is possible 1,000 florins; it is possible 2,000—it was not 10,000—I cannot exactly say what it was—it was not 2,000—I could not pay so much—I cannot say anything about it, because it is so long since—I was not fined more than once, I am quite sure of that—there was nothing else for which I was found fault with, besides lending out my money at more than 5 per cent.—I know that the prisoner has been making old stories of me and my wife for two or three months, about the coffee-shops—there was no other reason for my leaving Munich but that of lending my money out at more than 5 per cent.—I came here to begin a business, and now the prisoner sees I have a business to satisfy him, he begins to annoy me—I carried on business in Germany as a salesman, what you call a merchant—I sold different things, and bought different things—the prisoner was not a native of the same place, he came from about 140 miles off; the Magistrate there gave him 600 florins to get rid of him, and he came to Munich, and the King of Bavaria took him up for stealing his manuscripts—that was the reason he came to London—I knew him for about a year in Munich—when I first saw him in England, about three years ago, I was not in distress—I did not receive assistance from him, he never gave me a farthing—I swear that positively—I have a letter from him in my pocket which I received two years ago, begging for 2s.—I did not receive anything from the Rabbi of the Jew's synagogue in Margaret-street—the prisoner has not been in any employment since he has been in London—I do not know whether he was employed by the Trades' Protection Society—I think not, because I inquired—I had no feeling of unkindness towards the prisoner before I received this letter—I had had no dispute or quarrel with him—I never in my life received any assistance from him, either in England or at home—I know the prisoner's writing, because I have got a letter from the prisoner in my pocket which I received two years ago, begging for 2s.—I cannot remember having seen him write—I have not corresponded with him—I did not see the prisoner about that letter after I received it—I have no other means of knowing his handwriting but by receiving that other letter.
MR. EDGAR. Q. Did you never see him write in Germany? A. Oh, yes, in Germany many times—I know his handwriting very well, because I saw his writing in Germany.
COURT. Q. When you were in Germany, did you ever see him actually write? A. Yes, many times—I know his handwriting very well.
MR. EDGAR. Q. Under what circumstances was it that you saw the prisoner three years ago? A. I first saw him in the street in very distressed circumstances, I took him home, and my wife and I kept him for about four
weeks for nothing—I then told him I could not keep him any more, seeing how he went on, he would not work, and I had six children to keep—I came over to this country to commence a business—it was two or three months before I came away that I was fined for violating the laws with regard to usury at Munich—my mother-in-law has got those cases in hand.
WILLIAM HORSFORD . I am an officer of the Mendicity Society. I apprehended the prisoner on Thursday, 27th—I told him it was for endeavouring to extort 152. from Mr. Ullman, of 466, New Oxford-street—he said he would explain it to me—I said it was quite useless his explaining it to me, and I took him to the station—on our way I said to hire, "You do not belong to this Trade Protection Society at all?"—he said, "I never said so"—I said, "You have stated so in the letter"—at the station I showed him a copy of the letter, translated—he said, "That is a true copy; I did write it, and I can give you an explanation"—I found a quantity, of begging letters and other things upon him.
Cross-examined. Q. What had you said to the prisoner before he made the statement you have just mentioned? A. Merely that I wanted him for having endeavoured by a letter to extort 15l. from Mr. Ullman—I am sure I said nothing else—I got the translation of the letter from Mr. Ullman.
The prisoner's statement before the Magistrate being read, asserted that Mr. Ullman had been many times prosecuted; and that in writing the letter he (the prisoner) did not intend to extort money from him, but only to make him angry for his ingratitude, he having formerly received considerable aid from the prisoner.
GUILTY . Aged 42.— Confined One Year .
Before Mr. Baron Alderson and the Second Jury.
NOT GUILTY .
NEW COURT.—Thursday, December 18th, 1851.
PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. RECORDER; Sir ROBERT WALTER CARDEN, Knt., Ald.; and WILLIAM CUBITT, Esq., Ald.
Before Mr. Recorder and the Seventh Jury.
MR. COCKLE conducted the Prosecution.
AMBROSE STOW . I live at Holly-street, Dalston; I am secretary to the Kingsland Equitable Loan Society. We hold our office in Myrtle-street, Dalston—the prisoner came to the office in May this year for a loan of 9l.; a form was handed to him—I do not know whether I was there or not, but I saw him at his house on 23rd May, at 29, Gloucester-street, Cambridge-heath-road—I found him living there by the name of George Blake, that was. the address on the form of application—I took the form with me—I had it in my hand—he did not read the form—I asked him for his receipts for rent and taxes—he produced them—I asked if his name was George Blake, he said, "Yes"—I entered into conversation about his trade, he was a fellowship-porter—I asked him what a fellowship-porter was—he said he was concerned at the water-side, and as far as I can recollect, with barges—I asked him to produce his authority for being a fellowship-porter, and he said it was in the City—I had this paper in my hand, and asked him if it was his application-paper;
he said, "Yes," and he wanted the money to furnish apartments for some of his friends who were coming up from the country to see the Great Exhibition—the name of Bamfield appears on this paper as a security—I afterwards applied to the address here given as the address of Bamfield—the prisoner and Bamfield attended at the office the same evening, and the note was signed—I think it was on 23rd May I was at his house, and they came to the office in the evening—I saw the prisoner sign this note, and he wrote the address under it—I advanced 8l. 9s. to the prisoner on that occasion—the deduction was for the stamp 1s. 6d., the interest of 9l. at five per cent., and 6d. for the rules—I advanced the money on the prisoner's representation that he was a fellowship-porter; and also he produced receipts for his rent and taxes—I saw Bamfield sign this other signature (produced)—"We jointly and severally promise to pay to Mr. Ambrose Stone 9l., for value received. George Blake; George Bamfield."
Cross-examined by MR. PRENDERGAST. Q. When was the first time you saw the prisoner? A. On 23rd May, his house is a brick house, and one story high—a woman opened the door; I asked if Mr. Blake was within—I saw the prisoner in the parlour—I went to the direction there is in this application paper, to see George Blake, and I saw him—I did not make inquiries about him in the neighbourhood—he was to pay the money back at 4s. 6d. a week—he paid one instalment—I have not seen Bamfield again.
COURT. Q. This 9l. was lent, and at 4s. 6d. a week it was to be paid back? A. Yes; that would pay it back in forty weeks—I took five per cent, at first at the outset—I have not calculated what that comes to—I do not suppose it is more than ten per cent, to him—the money is worth more than that to me, because it goes out again—it is a benefit to him to pay it back by instalments, because small tradesmen cannot pay it back at once—we fine them if they do not pay—the fines accumulate in some cases—we fine them a halfpenny in a shilling—in this case it would be 21/4 d. a week till it was paid up.
HENRY COHEN PIRANI . I am managing director to a loan society in Charlotte-street, Old-street-road. The prisoner came to the office in the early part of Sept. last, I believe on 1st Sept.—he applied for a loan of 5l.—he gave the name of George Gray—he came again on 8th Sept. with a person named Palmer—I told the prisoner there was some doubt as to his identity, because he had not been seen by the visitor who called at his house, so that we might know he was the George Gray living at 24, Louisa-street, Beaumont-square—he said, "I assure you I am George Gray, living at 24, Louisa-street, Beaumont-square"—I gave him into custody some time in Oct.—I heard the officer ask him his name when he took the charge—the prisoner refused to give a name, but he subsequently said, "I am brought here as George Gray"—I attended the police-court, and preferred a charge against him—the clerk of the Court asked him his name—he said, "George Gray Kingdon."
Cross-examined. Q. You made no inquiry yourself? A. I did at the house, but I could not see him—the house was shut up; no one was at home—I am the manager of this society.
COURT. Q. You are managing-director? A. Yes; there are five, two named Bourne, and Colyer, and Reed—we meet at the office—there are shareholders beside—we manage this society.
JAMES SOWERBUTTS . I live in North Conduit-street, Bethnal-green. I am secretary to the Woodman Loan Society, which is held in White-street, Bethnal-green—the prisoner came to our office on 12th March—he had put
in an application for a loan, and he came that day and said, "My name is George Kingdon; I am a fellowship-porter; I applied for a loan here"—we told him we would attend to it next week—he came, and had 3l. 6s. 3d. for a loan of 3l. 10s.—he gave the promissory-note, signed, "George Kingdon."
Cross-examined. Q. On what terms did you lend the money? A. To be repaid by weekly instalments of 2s. 11/2 d. a week—he paid none for some time, and we went and found the house empty—he paid ultimately 30s., beside some office dues—we have some fines—our rules are on this form which he filled up—he was to pay 2s. a week and 11/2 d. for office dues.
COURT. Q. Was that for the privilege of going in the office? A. No; the 3s. 6d. was for five per cent interest, and he was to pay 2s. 11/2 d. a week—the sum would be paid in thirty-five weeks—I am manager and secretary of this society—we have a treasurer, and secretary, and manager—I am a silk-weaver—we have ten shareholders; they are mostly working men—we have four gentlemen who are not working men.
ALEXANDER ISAACS . I live in Goswell-road, and am a cigar-manufacturer. I have had business transactions with the prisoner; the last was on 23rd or 24th Dec, 1850—he came to me by the name of George Brown—he had some goods, and gave a security who represented himself by the name of Henry Miller—on 25th Dec the money should have been paid, and they both absconded—the prisoner signed his name in my book as George Brown.
Cross-examined. Q. Has he paid you any money? A. Yes, 3l. 5s.; leaving due 11l. 3s. 3d.
WILLIAM LAWRENCE . I am collector to the Fellowship Porter's Company. I live at the Fellowship Hall, St. Mary-at-hill—it is my duty to receive the yearly payments from the fellowship-porters attached to that establishment—I produce a book in which the names of fellowship-porters are entered—every fellowship porter admitted has to sign his name and residence—there is no fellowship porter of the name of George Blake—there are three of the name of Blake—I know them all three; the prisoner is not one of them—I never saw the prisoner at the office—to the best of my belief he is not a fellowship porter—there is no George Brown, a fellowship porter, nor George Gray, nor George Gray Kingdon—we have a James Gray, but he is in the office in the City.
Cross-examined. Q. Do these fellowship porters have apprentices? A. No; they are not allowed to have any who are not freemen to work with them—we have men down on the list to assist if they want assistance—the business of a fellowship porter is to measure grain and to land potatoes, fish, and other things—they wait about at different houses of call—we have a regularly enrolled body of men—they are admitted by the Aldermen—the names of all that are living are in the book—I have looked at the book for 1833; I do not find the prisoner's name in it—I have the book for 1833 here—these are the numbers that were entered in 1833—a man is not admitted till he is twenty—on e years old—to be admitted, a person sends a petition to the deputy of Billingsgate Ward—persons are perhaps on the list for four or five years—I am very sorry to say we have too many fellowship porters.
GUILTY . Aged 38.— Confined Twelve Months.
MESSRS. CLARKSON and HANCE conducted the Prosecution.
WILLIAM DENISON . I am a shorthand writer. I was present in the Court of Exchequer on 24th and 25th Nov. during the trial of Boulton v. Healey—I took a shorthand note of the evidence which the witnesses gave on that occasion—I remember the prisoner Boulter being examined as a witness on that cause—I have my notes here (reads): "THOMAS BOULTER examined by MR. SERJEANT SHEA. You are the plaintiff in this action, Mr. Boulter?—Yes, I am. And you carried on business in the month of June last, and have done so for many years at your house, No. 53, Albany-street, as a fruiterer and greengrocer, I believe?—Yes, Sir, I did. You are also one of the inspectors of weights and measures on your district?—Yes, I am. Now how long had you lived in that house, No. 53, Albany-street, pray, from twenty to twenty—on e years?—Yes, about that time in March last it was. When you first took that house, what rent did you pay?—80l. a year, sir. And had you at that time some back premises which you have not had lately?—Yes, Sir, there were some back premises at that time. Was the rent altered to 70l. a year when you gave up those back premises?—Yes, it was altered from 80l. to 70l. a year. How long was that since?—Six or seven years. Since that time, since six or seven years ago, your rent then has been 70l.?—Yes, that rent. How have you been in the habit of paying your rent?—Generally I sent it every quarter; my wife generally paid. Now we understand that a distress was put into your house in June, 1851, in June in the present year, for rent said to be due, amounting to 87l. 10s. 5d.?—Yes, that was it. Now was there any rent at that time due?—Yes, there was one quarter due. MR. BARON PLATT. Was there rent amounting to 87l. 10s. 5d. due at that time?—No, my Lord; there was only the rent for one quarter due at that time. MR. SERJEANT SHEA. Do you remember getting this receipt for rent to Christmas, 1850? look at it.—Yes, this is it; it was given in February last. Now did you receive that receipt from the defendant, or was it handed to your wife by him?—My wife paid that money to the defendant. Had you just before then given your wife 17l. 10s. to pay this quarter's rent?—Yes, I gave it her on that day. Whose handwriting is that receipt?—It is in the handwriting of the defendant, the whole of it. Do you remember the words of the receipt? MR. BARON PLATT. Mr. Pollock had better read it. The receipt was here read as follows: 5th Feb., 1851, Received of Mr. Thomas Boulter the sum of 17l. 10s., the amount of one quarter's rent for a house, No. 53, Albany-street, due at Christmas, 1850. George Healey.' MR. BARON PLATT. Is it to Christmas last?—MR. HUMPHREY. No, to Christmas, 1850, and it may be explained the way in which it came to be so written. MR. SERJEANT SHEA. Now then, do you remember in the month of Aug. last year, 1850, having any application made to you by the defendant, by the defendant's son?—You are right, by the son. Where was that application made?—In my shop. What was it?—The son called and said that his father had a large sum to make up, and he asked me if I could pay a part of that quarter's rent in advance. When the son made that application to you in the month of Aug. last, what did you pay him?—10l. MR. BARON PLATT. For the rent pot then due, but for the quarter then running; is that what you mean?—Yes, my Lord; the rent was not due at that time. MR. SERJEANT SHEA. When the quarter's rent became due, what did you pay?—I sent 7l. 10s., the balance of 17l. 10s., and have a receipt for it. Is this the memorandum which Healey, jun., gave you when you gave him the 10l.?—Yes; this is the memorandum (read)—'Memorandum. I have this day received of Mr. Thomas Boulter the sum of 10l., in part payment of one quarter of a year's rent, for which I intend to give a stamped receipt on payment
of the balance, Henry Healey, for George Healey.' When the Michaelmas rent became due, was the 7l. 10s., the balance, paid?—Yes; my wife took the money; Healey was not at home, and she left the money, and a few evenings afterwards he sent the receipt. Do you know what became of that receipt?—I do not; all the desks were turned out at the time of the distress, and I suppose I must have lost it when the brokers were there. Do you recollect the contents of that receipt?—I think so, very nearly. What were the contents?—It was this: 'Aug. 10th, 1850. Received of Mr. Thomas Boulter the sum of 10l., in part payment of one quarter's rent to Michaelmas; 'and then it went on:' Nov. 4th, 1850. Received also the sum of 7l. 10s., the balance of 17l. 10s. for a quarter's rent due Michaelmas, 1850. George Healey.' Well, when that receipt came, did you see it, or did your wife take it?—No; I was in the parlour; my wife was gone to bed; she was confined. Was her brother there, Bushell?—No, Butcher. MR. BARON PLATT. Have you searched for that receipt?—Yes, my Lord, but we cannot find it anywhere. MR. SERJEANT SHEA. That receipt came to you in an envelope, did it not, can you find that envelope?—Yes, but we cannot find the envelope. Was this letter with it, did this letter come in the envelope?—I really think it did; I have seen it before, and it is in the handwriting of Healey. Now when the distress took place, did you find some papers strewed about the place that had been in the desk?—Yes; I believe I picked up that paper on the shop floor. Did you know enough of Healey to know what speculation he was in?—No, I never heard from him anything about it. Had Healey at any time prior to the distress being put in, or within three or four or six months of that time, ever made a claim upon you for arrears amounting to 60l. or 70l.?—He has never asked me for rent this side of Christmas; I never paid the rent; my wife paid it. Now just before this distress was put in did Healey make any application to you for any arrears?—No, not for any at all. Did he ever claim or say a word about arrears when your wife paid the money?—He never hinted about it, nor did I have any letter. MR. BARON PLATT. He never applied for any arrears of rent, then?—I do not know that he ever asked for a quarter overdue; I do not recollect his calling for any arrears of rent. MR. SERJEANT SHEA. Not any?—No. Now about the time that the last quarter became due, had you seen Healey?—Yes; about four times, I should think, before the distress came in. Had you on any or all of these occasions any conversation with him about the payment of the money?—No, nothing of the kind. Had Healey obtained a tenant for the back premises after you gave them up?—When he took the back premises my tenant was in them, and he remained there for one or two years. Well, did Healey ever get a tenant afterwards?—No, he never did afterwards? Now tell me, had Healey ever given you notice to quit?—Yes; he had done so twice. When was that?—In the year 1848 or 1849, I cannot say which, but I could tell if I saw the notice. MR. BARON PLATT. Why did you not go out in accordance with the notice?—Because, my Lord, he came and asked me to remain. MR. SERJEANT SHEA. Is this the first one, Michaelmas, 1849?—Yes. When was the second?—This is the last notice to quit, at Lady Day, 1851. There was a second notice; this one of 28th Sept., 1650, gives the plaintiff notice to quit and give up his possession at Lady Day next; so that there were two notices of six months, one to quit at Lad; Day, 1850, and the other to quit at Lady Day, 1851; now after having received both of these notices to quit, you, at Healey's request, remained?—Yes, I did. Now when the distress was put in, had you received any notice of it?—No; I was away from home
at the time. Who was there?—My wife and the lodgers, and my children. What age are your children, and how many have you?—There are four of them, and their ages are from one to four years. How long have you been married, then?—I have only been married six or seven years. Your wife was there when the distress came in; were there any lodgers there also?—Yes, several. Was a Mr. Vasey there, one of your lodgers?—Yes; he has been a lodger of mine sixteen or seventeen years. He occupied the upper rooms?—Yes; he paid 8s. a week. Was there a lady of the name of Buxton a lodger also?—Yes; she occupied the drawing-room and two bedrooms, for which she paid 2l. 10s. a week. Was there a lodger of the name of Nesbit?—Yes; he had gone out as the lady came in; he had been there six or seven years. Has he made application to you since to come back?—Yes; he wanted the floor he had had if I could let him have it. Well, now did the brokers, when they came in, take everything?—Yes; they left scarcely anything. As to the furniture, you purchased that from time to time, I suppose?—Yes, we bought it as we wanted. How much did it cost you?—It must have cost me as much as 150l. Had you any occasion at any time to consider what the value of it was?—No, never. Did you insure it?—Yes, always. For what amount?—For 300l., of which 25l. was on my stock-in-trade. Then the whole of this furniture and stock-in-trade were taken away by the distress?—Yes, everything. Have you ever heard what they were sold for?—Never. Have you ever received any part of the money, any part of the proceeds of the sale?—I have never received anything. Were there any things taken which are not in that notice if—Oh, yes. a great many things. Was there any inventory?—I made a memorandum of the things. You say you made a memorandum of the things?—Yes, I did. Have the goodness to look at this paper, and tell me how or when you made that list; was it after the distress?—It was immediately after the distress-van had gone. Now tell me the things that were taken that were not in the inventory? (The witness read a long list of articles which he stated had been taken, but which had not been included in the inventory). Now I understand that those articles you have named were not in the broker's list?—No; there were 15l. or 20l.—worth of things taken away which were not in that inventory. What condition was your furniture in?—In very good condition. Now tell me what became of the lodgers?—They, my wife, and all the family, had to get other places, while Mr. Vasey remained with me till the people had removed all. Did this proceeding injure you in your business?—My business! why, I have no business at all now; it has ruined me, and I understand my landlord has been to different persons, and been telling different things against me. When these things had been taken away, what had you and your wife to sleep upon?—Nothing but a bag of straw, which we have sown up in a canvas bag; we have nothing else. Do you mean to tell us that at this long period since the distress you and your wife have had nothing more than a bag of straw to sleep on?—Yes; we have had nothing else. And your children, what have they had to sleep upon?—Hay put into a lemon-bag; they get in, and have my old clothes to cover them up with. Then everything that was necessary for comfort was taken away?—Yes, everything. Had you a good business prior to this distress?—Yes, a very good business. Now, before this distress, what was the value of the goodwill of your business?—I was offered 300l. for it some time ago, which I told my landlord of.
Cross-examined by MR. HUMPHREY. Now, Mr. Boulter, you have occupied this house twenty years, you say?—Yes, Sir. And when
you have paid your rent you have had a receipt for it?—Yes, always. Have you any of those receipts here?—No, I never kept them; I never kept more than two or three by me. No! you have had notice to produce your receipts; have you any of 1848 or 1849; have you any of those receipts?—No, not one of either year. Except the last receipt which you have produced, then, you say you have none?—No, not one. Have you given any receipts or any writings to your attorney?—None but that one. What then has become of the others, may I ask?—I cannot tell. But you have given in one, and have kept the notices to quit, and the other little bit of paper; how comes it, then, that you have none of these receipts?—I do not know; I have not got them; if I had any of them in my possession, they were lost out of the desk at the time of the distress. Have you no book which will show your payments?—No, no books, but a sort of day-book for my customers. lack you any books in which you kept an account of your payments; suppose you paid 10l. to any one, in what book did you put that disbursement down?—No, I kept no account of that sort. And you have no book in which you enter what you pay?—No, only what I kept my customers accounts in. Are those books at your house?—Yes, those I saved. Now you say you paid your rent regularly each quarter?—Yes. Now will you undertake to swear, take care, whether since the year 1848 you have paid one single quarter, the whole of the rent for the quarter at once; take care, for it is very important you should mind what you say; have you from the month of Aug., 1848, ever paid your full quarter's rent at one payment?—Yes, certainly, every one. Now, then, let me call your attention to another matter; you have had an action, in which a Mr. Davis was your attorney; now did you not enter into an agreement with Davis to pay his bill of costs by instalments, of 5l. a month?—No. Be cautious bow you answer; had you any agreement with that gentleman to pay the costs by instalments?—No. Have you paid them all?—Yes, in twelve months, as I agreed. Where does Mr. Davis live?—In Boswell-court. Did you give a consent to give a Judge's order?—Yes. Now I ask you was not that a Judge's order to pay 52. a month?—I do not know; I paid it all at once. What, do you mean to say that you paid it all at once?—Yes, except what was paid as the case went on. Now you had an action of false imprisonment?—Yes. Now I ask you did you not give a Judge's order to pay the costs due to Davis by instalments of 5l. a month? (no answer) Well, how much was it; was it 100l.?—Say about 21l. Was it as much as 20l.?—Yes, it was. Were you not to pay the amount by instalments?—How? no; I paid it all at once. Now attend; did you not, in the year 1848, agree to pay Davis his costs by instalments?—No. No; why, did you not agree to a Judge's order?—Yes, something of the sort. And that Judge's order was given in order for you to pay Davis's claim by instalments of 5l. a month; was not that it?—I cannot say; I was to get the bill paid in such a time, and I paid it all at once. Now we have been speaking of the year 1850, when your landlord gave you a receipt for the 10l.?—Yes. Well, he sent you the receipt you stated, and did he not at the same time write to you this letter? (no answer) Was not this before Michaelmas?—I think it came after Michaelmas. Was this inclosure to you a notice to quit?—No; I did not receive one. Why, attend; the letter says: "I must beg you to pay attention to the notice I sent you, as I am so pressed by the result of my speculation;" was not that notice here alluded to the very notice?—No. What was the notice to which he begged to call your attention?—I suppose that was a notice to bear in mind that there was an intention to get rid of me; I suppose so; that never came with a notice to quit
the place. You were so good a tenant that you paid your rent beforehand?—That was what he said. Was that what he said when he gave you notice to quit; had he not remonstrated with you over and over again upon letting your rent get into arrears, and told you he could not permit it, because he had nothing else to look to but his property?—I never heard him say so in my life. How comes it that you have this memorandum of his son's, which is comparatively unimportant, but that you have not any of the receipts?—I cannot say, Sir; it is a hundred to one that I had those. And still have them?—Yes; I picked them up in the shop. Will you swear that every single quarter's rent from Aug., 1848, has not been paid by portions, every single one except this one?—I cannot swear; I will not swear; I do not think it was in instalments previous to that. Will you swear that every single one was not?—Swear it, yes, I will swear that the last five or receipts were not paid by instalments. I will give you the dates. Dec. 1848, 13l.; Jan. 4th, 10s.; March 10l.,;—May 7l. 10s.; July 9l.,—; Oct. 8l. 10s.; Dec. 9l.,—; Jan. 1850, 8l. 10s.; I ask you whether every one of these was not paid by instalments?—Let me hear some more of that; I do not recollect anything of these instalments. Upon every receipt you had, was it not entered as he speaks of here; that he entered on the receipt the time at which it was paid?—I cannot say he entered it; I know it has all been paid, and paid in quarterly payments, not by instalments. Upon the receipts he gave you, were there not entered the very days and times at which you paid the money, whether altogether or in portions?—Perhaps there might. Have you any doubt?—I have no doubt he has made an entry of all the sums I paid. I want to know whether upon your own receipts there was not entered the same as on this which you have sent in; whether he did not put on each the day when it was paid?—As they were received they were written; dates put upon them, but there were no instalments paid in 18.50, but the 10l., and 7l. 10s.; all the others were paid quarterly. I have not asked you of 1850, I ask you of 1848?—I do not recollect 1848. MR. BARON PLATT. He swears that the last five were not paid by instalments. MR. HUMFREY. are quite sure of that? MR. BARON PLATT. The instalments might have been the other way. MR. HUMFREY. I only want to know whether they were paid in one sum or not. MR. BARON PLATT. He says they were, except the one in August. MR. HUMFREY. Did he explain to you how it was he gave you notice to quit?—He told me he was a damnation fool for doing it, and his friend told him so at the same time; a gentleman of the name of Beale. A damnation fool for doing what?—Giving me notice. He gave you two notices?—Yes, he did. Although you paid your rent, as you describe, always regularly?—Yes. Did your landlord, Mr. Healey, in the month of April, 1851, call upon you, and ask you to pay him some money on account?—He did not. You are sure of that?—Yes. Did he tell you he had made a mistake, he found, in writing the receipt, and that the receipt which said up to Christmas, 1850, should have been Christmas, 1849?—No, never mentioned it to me. He never asked you to pay any money on account to reduce the amount you owed him?—I never knew there was any. Did he or did he not ask you in April, 1851, to pay some money, and reduce the amount you owed him?—No, he never asked me anything of the sort, or any one else from him. You paid his son in August, 10l., which you say was beforehand; I want to know whether after that August his son did not apply to you frequently to reduce the amount of rent you owed his father?—No. You will swear that?—I will swear that. MR. BARON PLATT. I think you say you did not pay the rent with your own hand, but your wife
generally did?—She has the last four or five years. Re-examined by MR. SERJEANT SHEA. You say he told you were as good a tenant as he had had in his life?—Yes. On what occasion?—He said I had been the making of him, and he had been the making of me; I do not know what be meant. Did he ever give you any reason for giving you notice to quit?—No, he did not; no more than when I asked why, he said he was a d—d fool, and he was told so at the time; that something struck him at the time that he would do it; that was the only reason. How long have the back premises been unlet?—Since I gave them up. How long have the back premises been unlet?—It might be four years; they were separated from my premises after the landlord took them."—On the 25th Nov., during the summing up of the Judge, Thomas Boulter was re-called by MR. BARON PLATT.
Q. Having heard all the evidence given in the cause, do you still state that one quarter only was due in April, 1851?—March, 1851. Do you still state that only one quarter was due when the distress came in?—One quarter due, my Lord, up to March. Do you still state that only one quarter was due up to the time of the distress?—Only one quarter. Do you still state that Mr. Healey's son applied to you to advance 10l. on account of the running rent, the rent not having become due, Michaelmas, 1849?—I do, my Lord. Or Michaelmas, 1850?—Michaelmas, 1850; it was on Aug. 10, he called for the 10l. "
MR. CLARKSON to MR. DENISON. Q. After the Jury had pronounced their verdict for the defendant, the Judge committed the party, and bound over the witnesses to prosecute? A. Yes; he did.
Cross-examined by MR. M'MAHON. Q. He was given into custody by Baron Platt? A. Yes—till the verdict, both of them were equally in custody in the Court—according to the custom of the new Act, till the jury returned their verdict, the defendant was as much under the eye of the Court as the plaintiff—the prisoner, and his wife, and brother-in-law were examined; and Healey, and his son, and Davis were examined—his wife was put in the box, but was not examined—that was the case for the defendant.
GEORGE HEALEY . I am a publican; I keep the King's Head, in Cumberland-market; I have lived there twenty years. I have a few houses in Albany-street; amongst other tenants, the prisoner was the tenant of No. 53—the rent, when the premises behind were attached, was 80l. a year—after they were detached, the rent was 70l.—it was payable quarterly—up to 1846, the prisoner paid his rent pretty well, and in quarters—after 1848, he ceased to pay so regularly, and was getting more and more in arrears—at Christmas, 1849, four quarters rent was due—at Christmas, 1850, before, I was paid 17l. 10s. in Feb., there were seven quarters due.
Q. Pray recollect yourself, when did you distrain on him for rent? A. In June last, for five quarters rent—before I distrained, I had been paid one quarter's rent, 17l. 10s., by his wife, in Feb. last—when I received that, five quarters were due—this is the receipt I gave his wife, on her paying me that money—(read—" Feb. 5, 1851. Received of Mr. Thomas Boulter, 17l. 10s., the amount of 1 quarter's rent of premises in Albany-street, due Christmas, 1850")—I gave that receipt, by an error or blunder, it ought to have been to Christmas, 1849.
Q. On the oath you have taken, had you received any rent from Christmas, 1849, and for the quarter due at Christmas, 1849, down to Christmas, 1850, excepting the quarter that was paid you by the wife, for which you, by mistake, gave this receipt? A. I had not—I had not received the quarter to Lady-day, 1850; the quarter to Midsummer, 1850; the quarter to Michaelmas,
1850; or the quarter to Christmas, 1850; but in Feb. 1851, I received one quarter; for which I ought to have given the receipt to Christmas, 1849—I never received rent from them without giving a receipt, or a memorandum—never in my life without some writing—the prisoner began to fail of paying his rent by quarters from 1846, but he did not get very bad till 1848—I have my book here, in which I entered the sums I received—I made these entries in my own writing at the time I received the money—supposing I took the money at night, I wrote it the following morning.
Q. What money did he pay you on account of rent? A. On the 10th Jan., 1848, I received 17l. 10s., due at the Midsummer preceding—in Feb. I received 14l., and on 30th March, 3l. 10s., the balance to Michaelmas, 1847—on 30th June, I received one quarter, due at Christmas—in Aug., I received one quarter, due at Lady-day, 1848—on 23rd Dec, I received in part payment 13l.; and on 20th Jan., 1849, I received the balance, 4l. 10s., for one quarter, due at Midsummer—on 24th March, I received in part payment 10l.; on 1st May, I received the balance, 7l. 10s., for one quarter, due at Michaelmas—on 13th July, I received 9l. in part payment of the quarter due at Christmas; and on 5th Oct., the balance of that quarter, 8l. 10s.—on 22nd Dec., I received in part, 9l., and on 11th Jan., 1850, I received the balance, 8l. 10s., to Lady-day, 1849—on 19th March, I received one quarter, due at Midsummer, 17l. 10s.—on 10th Aug., I received 10l. by my son, in part of one quarter, due at Michaelmas, 1849; and on 4th Nov., I received the balance of that quarter to Michaelmas, 1849, 7l. 10s.—on 5th Feb., 1851, I received the quarter due at Christmas, 1849, 17l. 10s.—I have not received any other rent—I did not, in Aug., 1850, authorise my son to apply for rent, or any money in advance of the current quarter, 10l.; nor at any other time—I had, at that time, a balance in my banker's hands of about 1,100l.—I was not at all pressed for money—I discovered my mistake of that receipt of 5th Feb. on the following morning, on writing it in this book—when I came to write it down, I discovered it—it occurred to me, I had made a mistake, as it ought to have been to Christmas, 1849—I did not give any information to the prisoner of my discovering that mistake at the time, but in coming to talk to him about rent when there was another quarter due, which was in March—when I spoke to him would be far on in April; I saw him at his house in Albany-street—he talked about hardships, and being pressed—I said, "You can't complain of hardships, at any rate; you owe me now a year and a quarter; I have got ground-rent to pay, and insurance; I can't go on at this rate"—he answered, "I have got your receipt up to Christmas, and I have got a memorandum from your son; I owe you only one quarter, and that I hope to pay you soon"—I said, "I know all about it; I committed myself in the receipt I gave you by writing it 1850, instead of 1849; but after the years we have known one another, and the indulgence I have shown you, which you acknowledge, are you really going to turn round upon me, and cheat me out of twelve months' rent, on account of the blunder I made?"—he said he had given up his papers to his solicitor, and he should abide by his advice, and I had better go to mine—I said, "Is it the case now, you would get up in a box (meaning the witness box), and swear to having paid me, which you know you never did, and the receipts cannot be produced: would you swear to a thing that never occurred?"—his answer was, "It is no swearing matter at all, for my wife paid it"—I said, "And would you then put Mrs. Boulter into a box to swear to a falsehood of that kind, is that your shift?"—he fell back to the old answer, that the papers he had put into the hands of his solicitor, and he should abide by
that, and I had better go to mine—I then replied that my course was clear—I saw nothing but proceeding by distress for the rent; and in June, I caused a distress to be levied on him for five quarters' rent, the last of which was the March quarter, 1851.
Q. Now, on the solemnity of that oath you have taken, did you ever receive any money whatever for those quarters from Christmas, 1849, down to March, 1851? A. Never; not any sum, either in whole or part by himself, his wife, or any person on his behalf, not any sum nor in any way—10l. was paid to my son, on account of the quarter due at Michaelmas, 1849—I did not often send my son to get these arrears—I pretty generally went myself—I received the 7l. 10s. which completed the quarter to Michaelmas, 1849, on the 4th of Nov. 1850.
Cross-examined. Q. Do you remember these payments otherwise than by seeing them in this book? A. Some I remember—I used to make these entries according as the payments were made—this was not the only book—there was another book, the cash-book—some of the rent that was due is pretty well on my memory—at Christmas, 1849, there were four quarters due: I am sure of that—at Christmas 1850, there were seven quarters due—there were eight quarters due.
COURT. Q. How do you make out seven? A. I received up to Christmas, 1849; I gave the receipt and called it 1850—the money I received in Feb. 1851, cleared everything to Christmas, 1849—there were four quarters due to Christmas, 1850—there are eight quarters due yet, but last Christmas there were four due; not quite four quarters—from Christmas 1849, to Christmas 1850; four more came due—I cannot answer without the book how much money was paid between Christmas 1849, and March 1851.
MR. M'MAHON. Q. Will you explain how you have written in your own book to Christmas 1850, and changed it to 1849? A. That was what I did write, but I made a mistake—on the 5th of Feb. 1851, receiving one quarter's rent due at Christmas 1849, I put it by mistake 1850—the last entry previous to that was on the 4th of Nov., "Received from Mr. Boulter, the balance of one quarter, due at Mich. 1849, 7l. 10s. "—it is not the fact that instead of four quarters being due at Christmas, 1849, there were only three quarters—there were four quarters: I will swear that—I swear that on the 25th of Dec. 1849, there were four quarters rent due to me; I am positive of that, there is no mistake about it.
Q. In you own book here is "Dec. 22nd, 1849, 53, Albany-street; received 9l., on account part payment of one quarter due at Lady Day last"—do you now swear that to Christmas, 1849, there were four quarters' rent due? A. No—I should suppose there were three quarters and a part due—the next item in my book is 11th Jan.—it was written on 11th Jan., 1850, or it might be the 12th; it was about that time—on 11th Jan. 1850, there were three quarters rent due from Mr. Boulter—I received 17l. 10s., on 19th March, 1850; 10l. on 10th Aug.; 7l. 10s. on 4th Nov., and 17l. 10s. on 5th Feb. 1851—when I distrained there were only five quarters due, it was pretty near on to a sixth, but there were only five due—when I distrained on 21st June, 1851, there were five quarters due, and no more; I am sure of that—I have no entries in the cash-book that apply to this matter except such as I have transferred into this book—there are no other memorandums as to the amount of rent due at Christmas, 1849, or 1850, than what you see here—the rent has generally of late years been paid by Mrs. Boulter.
did not call on Boulter in Aug., 1850—I did not in that month, or at any other time, state to him that my father had a sum of money to make up, and request him to pay a sum in advance on rent not due—I did not call on him in that month—I might have told him so some other time—I never asked him to pay me money on account of rent not then due—I never in Aug., or at any other time, asked him to pay me part of the then running quarter's rent in advance—Boulter did not in Aug. pay me 10l. on account of rent—Mrs. Boulter paid me—she did not pay me in advance—Boulter did not pay me 10l. on account of any rent—he did not then, or at any other time, pay me 10l. on account of rent not due—in Aug., 1850, I received 10l. from Mrs. Boulter—it was paid at the bar-parlour of the house, 450, Oxford-street—it was paid in respect of rent to Michaelmas, 1849—I have at different times applied to Boulter for payment of rent—I have stated to him the amount that was due—on one occasion I remember especially telling him there were three or four quarters due—I think that was just previous to Aug.—I said my father had sent me for rent; that there were three or four quarters due—he said he knew it, and he had expected to be seized upon before that—I think I have not applied to him since that time.
Cross-examined. Q. From his wife the money was generally received during the last two or three years? A. Yes; I am sure I have not received any payments from him personally—I might have said to him on one occasion that my father had a large payment to make; I think it is very likely I did—I cannot say what time I said that—it was not in Aug., I will swear—I should think it was about July—I told him I had been sent for rent, which was very much in arrear; that we wanted money to pay our ground-rent and insurance, and such things—I very likely told him my father had to pay a large sum for ground-rent, which he frequently has.
WALTER HAMILTON DAVIS . I am a solicitor. I was employed to defend an action against Mr. Boulter—the consequence of the proceedings was, that the defendant became indebted to me the balance of the bill of costs, 28l. 14s. 8d., the balance of a bill of fifty odd pounds—I was paid that by instalments of 5l. a month, under a Judge's order—they were regularly paid—it is not true that he paid me that sum for costs all in one sum—he paid by instalments, 5l. per month—I had the Judge's order—I have looked for it, but have not been able to find it—it is the common custom, on receiving the last payment, to hand the Judge's order over.
Cross-examined. Q. You have been speaking from memoranda? A. Yes, which I made from these papers in my hand, which are the originals—I think Mrs. Boulter paid me personally twice, and the remainder was paid to the clerk in the outer office.
(George Oliver, a fruiterer; Charles William Tadman, a salesman; William Wells, a market-gardener; John Bigg, a fruiterer; William Shackle, a greengrocer; John Forley, a railway clerk; and William Lobjoy, a market-gardener, gave the prisoner a good character.)
GUILTY.— Judgment Respited .
Second Session, 1851-52.
THIRD COURT.—thursday, december 18th, 1851.
PRESENT—Mr. Ald. COPELAND; Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
JOHN ELDER DUFFIELD . I am a saddler, of Long-lane, Smithfield. I have known Jackson and Goult since July—Jackson tint came to my shop on 14th July, represented himself as a black saddler, and brought two saddles with him, which I bought—on 29tb Sept. they brought a pair of tilbury tugs—I cannot say whether they came together, I know Jackson came, but whether Goult came or not I cannot say—I am referring to extracts from my books—this entry of 29th Sept. is not in my writing; but I have an independent recollection of that transaction—they generally came two or three times a week—I had two or three deals with them on 29th Sept.; and on one of those occasions Jackson represented that the articles they brought were saddlery furniture,. which they were disposing of in consequence of giving up the manufacturing of harness, and the articles appeared to be such as they would have in that business—I think Goult was then present, but I cannot say—I had no suspicion of them, because I had dealt with them a long time for saddles; they were saddle-manufacturers—they continued bringing me articles down to 11th Oct.—on that day I purchased two harness Baddies, and a gig whip, of them—there is an entry here of it (referring to hit book) in my writing—about the middle of Oct., the 10th or 18th, they brought me quite a different description of goods, which appeared new, and as though they came direct from a warehouse—I said, "This is quite a different sort of furniture to what you brought at first; how did you become possessed of this?"—I think they were both present then; I know Jackson was, he was the principal manJackson said, "The fact is, we are manufacturing saddles for Eldrid" (I knew that to be the fact); "we get a very tidy price for our work, but we are compelled," or "required, to take a part of it out in furniture:" and in answer to a question I put, they said that in consequence of getting a better price from Eldrid, they were able to make a sacrifice on the furniture—under those circumstances I did not hesitate to take the things of them, because I knew they worked for Eldrid—I see by my book that they came again on the 13th, either one or both of them, I cannot say which—Jackson was the principal man, and he came more than the other—I cannot tell what I bought on that occasion exactly, but I paid them 1l. 2s.—on 16th I have, in my own writing, "Goult, three pair of wooden girths," which I purchased of him—in Nov. I sent my man named Springett to Mr. Eldrid; and in consequence of what passed between Mr. Eldrid and me, on 10th Nov., I ordered four pairs of spurs, I think, of Jackson—I think they were both present; but they were brought by Goult, and I paid him 6s. fur them—I sent the spurs to Mr. Eldrid—on 11th Goult brought another pair of spurs—that was the last transaction.
Cross-examined by MR. METCALFE. Q. You did not see Ovens? A. No; not till he was at the police-court.
Cross-examined by MR. HUDDLESTON. Q. How long have you carried on business? A. Nearly twenty-five years in the same place, and the same business—mine
is a very extensive shop—I should think I am well known in the trade—articles are constantly bought in our trade in this way—there was nothing at all suspicious till Nov.—I bought one single pair of spurs of Goult, and I had ordered them of him—Jackson was not present—on 7th Nov. Jackson alone brought some harness—the dealings took place in my counting-house, which is at the back of the shop—every one who sells me goods comes there—they either come through the shop, or else the back-way, through the carriage manufactory.
Cross-examined by MR. ROBINSON. Q. When was it Goult brought one pair of spurs? A. On 11th Nov.—these (produced) look very much like them—I believe they are the same—I have no means of swearing to them.
MR. BALLANTINE. Q. As those spurs have been produced, we may as well have all the articles; look at all those articles (produced); I suppose you have examined them before? A. I can positively swear these are the names I bought of Jackson on 7th Nov.—that was after I had communicated with Mr. Eldrid—I believe these buckles are what I bought of him in Sept. or Oct.; one pair I know I bought in Sept.—I swear to these girths; but as there were two or three lots I cannot positively say to which lot these belong—I cannot swear to these particular terrets, but I bought about a dozen pain among the furniture—this is by no means the bulk of the property, because when I purchased the articles they were put away with my other stock, and I am not able to identify them—I showed a few articles to the policeman, but the bulk I am not able to identify—between 29th Sept. and the time I made the disclosure, which was about six weeks, I paid them between 6l. and 7l. in the dealings.
MR. HUDDLESTON. Q. What have you had produced? A. The names and one pair of girths is all I undertake to swear to—I believe I could have got the buckles at about a penny a dozen less than what I gave the prisoners for them—they were fair and reasonable prices, and as much as I could afford for the articles.
MR. ROBINSON. Q. Are these the girths? A. Yes; I cannot say whether it was Goult or Jackson that I bought them of; it may have been both—if they had been white girths I could not have sworn to them.
MR. BALLANTINE. Q. Did they sometimes come together? A. Yes; and frequently separate—it was always on matters of business—I understood them to be partners—Jackson certainly represented Goult as his partner—I cannot say whether Goult was present.
GEORGE SPRINGETT . I am clerk to Mr. Duffield. I remember Jackson bringing two saddles to our shop, in July—he did not, on that occasion, tell me his name; but he afterwards brought goods, which were purchased of him, and he had them entered in the name of Goult—he afterwards came with Goult, and said, "I have brought my partner down with me, and if he brings a saddle down, and you pay him for it, it will be just the same as paying me for it"—on 13th Oct., I saw both Jackson and Goult in the shop; they brought some furniture, consisting of buckles, and a quantity of girths—the buckles were of the same character as these, and I am sure these are some of the brown girths; I cannot say as to the linen girths—they were together, and helped me to tie the girths in pairs—I paid them 1l. 2s. for them—they said, "We are likely to do a little business with your governor; we are getting some furniture in barter from a man in the country"—I said if they served us as cheap as anybody else, 1 dare say Mr. Duffield would buy of them—I recollect Jackson bringing some tilbury togs on Michaelmas-day, for which I paid him 6s.—they both came together after that, and brought
saddles, and also furniture—the saddles generally had the terrets in them, but manufacturers generally send them in without furniture—an addition was put on the price of the saddles on account of the terrets—I cannot say how much I have paid them altogether; I have paid them on several occasions—I recollect one day paying them two sums, each of 10s.—on 30th, I paid Jackson 10s.; and on 31st, 10s., both sums to Jackson—I went to Mr. Eldrid on 31st, and in consequence of what took place between us, we ordered some spurs, and it was after that that the prisoners were taken into custody.
Cross-examined by MR. HUDDLESTON. Q. Does it not sometimes happen that the saddlers put the terrets in the saddles if they want to get a better price? A. It is better to buy them with the terrets in, because the sockets have to be put in, but it is not usual for manufacturers to do so—the saddler would do it if he was ordered.
MR. BALLANTINE. Q. The prisoners are working saddlers? A. Yes;—their part is the leather part.
HENRY BIRCH . I am foreman to Mr. John Eldrid, saddler, of No. 21, Fore-street. The prisoner Ovens was his porter; he slept on the premises, and it was his duty to open the warehouse at 7 o'clock, and get it cleaned by 9, at which time the trade generally begins; the shopmen and clerks come at that time—there was a boy to clean shoes—I have been foreman there upwards of twenty-five years, and there was very little business done before 9—if any customers did come before 9, Ovens was allowed to serve them, and it would be his duty to make an entry of what he sold in the petty account-book, where odds and ends are entered—I have seen the other prisoners; I think they first came to the warehouse about June last—they are black saddlers; they make saddles for gig harness and horses, not for gentlemen—they supplied us with saddles, making them themselves—they sent them in without the furniture—they never supplied us with saddles with terrets on them—they would occasionally have to buy trees, basil, or sheepskin and serge of us, which are necessary in the manufacture of saddles—what they had was put down to them, and would be deducted from their bill on the Saturday—since we have dealt together, I have received their bills—these are them (produced)—out firm used to be Eldrid, Grays, and Co. till 30th Sept., when young Mr. Eldrid took the business—these bills are made out in the name of Goult, and receipted by Jackson—there may have been barter without my knowing it, but I know nothing of it—the articles parchased by Goult and Jackson were for the purpose of making their saddles—I do not know of their purchasing any harness furniture—they have not paid for any—I have looked carefully through the bills, and do not see any debited to them—I have the petty account-book (produced)—I have seen the spurs and other articles at Mr. Duffield's—I do not find any such articles entered here as having been sold.
Cross-examined by MR. METCALPE. Q. You find no articles entered there as sold by Ovens to Goult or Jackson? A. No furniture—by furniture I mean brass or plated work—spurs are not furniture, tugs are—I should call girths furniture for a saddle—I find entered on 11th Nov., "A saddle, two gig-trees, and a basil"—I do not find many articles entered with an "&c." at the end, lumping four or five articles together—I do not know of any furniture being sold to these men—there are others sell in the shop besides me, there are William Beckett, John Raftery, and the prisoner Ovens, and Mr. Eldrid himself—there is a person named Lines, a servant, I do not know that he has authority to sell, except in a case of emergency; I think he has not authority unless there is no one else present.
Q. Do you find entries in the book in Lines's writing? A. The whole of the sales are not entered, ours is a retail business—I should say there has not been any remissness in entering the sales—when goods are sold on credit they are entered, but not when sold for cash—when I sell goods on credit, I always enter them, or make a memorandum on a slip of paper; we have a file on purpose—the memorandums are always entered before many hours elapse—I am not aware that there has been great confusion in the accounts—I do not know why there has been a change in the business, I know nothing about the private affairs—I do not know that the late firm was in considerable difficulties, or that they were obliged to make arrangements with the creditors—I did not go to Norwich to collect some of the accounts, I never was there—I did not go to any place in Norfolk, and had nothing to do with collecting the accounts—I do not know of Mr. Gray's being in difficulties—the elder Mr. Eldrid had some private affairs, nothing to do with the business—I do not know that he absented himself from the business—the books of the firm are in Mr. Gray's possession—I was present when the prisoners were before the Magistrate—I do not know where Mr. Gray is, he was at the business last week—I heard an application made, on behalf of the prisoners, to see Mr. Gray—Mr. Gray was not denied on that occasion—I did not say he could not be seen—I afterwards heard an application to Mr. Eldrid to know whether Mr. Gray was at home—Mr. Eldrid went up-stairs to him, and it was inconvenient for him—the books kept before these are not produced—I was present when Ovens was taken into custody—I think he was told he was taken for taking a pair of spurs—he said he had let Goult have a pair of spurs to show a gentleman—Mr. Eldrid was present, and asked him how it was Goult wanted more spurs, having had four pairs before—Ovens said, "Those are not sold either yet"—Goult had an account with Mr. Eldrid for gig-trees and basil, but not for furniture—Ovens had access to the books, so as to know who had credit—if customers came in the morning, he was the person to supply them, if it was urgent—these hames were not covered when on my master's premises.
Cross-examined by MR. HUDDLKSTON. Q. What is a basil? A. A dressed sheepskin—I heard Mr. Eldrid ask Ovens if he had supplied a pair of hames last week, and Ovens said he thought he had sold them; he had entered them in the book as "two gig-trees, &c," and he thought that would make no difference—I do not know that any of the bills are made out in Jackson's name.
Cross-examined by MR. ROBINSON. Q. Is that the only book in which entries of that kind were made? A. The only one; no one would enter anything sold on credit in this book—I do not recollect any particular instance in which I have made a mistake myself—I do not recollect a mistake with regard to Mr. Edwards—I know Mr. Edwards—I do not recollect selling him some articles and forgetting to enter them for a week—I should not like to swear I did not—I never made a false entry—it is very possible I have forgotten to make entries, and found it out afterwards—this petty account-book is never posted to the ledger.
MR. METCALFE. Q. Did Ovens communicate to you, before he was taken, that he had sold four pairs of spurs? A. No; he did not ask me to make an entry of them—he has on some occasions asked me to make entries, and I have done it—I do not recollect that the stock was selling off in July or Aug.—I was away from 24th July to the end of Sept. in Staffordshire, purchasing goods—when I came back no very great portion of the stock had been sold—I do not know that the firm had been forcing sales.
MR. BALLANTINE. Q. Did you ever make the mistake of entering "gigtrees" instead of "names?" A. Never; before names are covered, and attached to a trig, the price of them would be about 5s. 6d.—the price of the best gig-trees is 3s.—it was Mr. Wood (Ovenss attorney) who made the application to see Mr. Gray—he has been frequently—I do not know what he came about—he saw Mr. Eldrid, and was very rude and insulting to him, in consequence of which some directions were given—there are no entries in this book, of articles of the kind produced—the price entered against the "&c." could not cover the price of such articles as these—Ovens was the only person who sold before 9 o'clock—he was aware that Jackson and Goult settled their account every Saturday—I think he has been five yean in the employ—he would know something of the nature of the business carried on by Jackson and Goult—in their proper business, I think, they would not have occasion for any of these articles—they worked in a cellar in Moor-lane, they had no shop—I have been there once, and found nothing displayed but a gig-tree or two, and a yard of serge—Mr. Duffield has pointed out articles to me in his stock; they, and these produced, are such articles at we sell—I know these tilbury-tugs very well, they are worth 9s. 6d. or 10s.—I do not find them entered.
MR. METCALFE. Q. Have you ever seen them in their present state on your premises? A. Yes, after they were covered—I distinguish them from others I have by the workmanship and the tug buckles—I gave out the buckles, and saw the man covering them—we had no others of the sort in the house at the time—the buckles are covered with German silver, which if unusual.
JOHN ELDRID . I keep this shop and warehouse. I have been the only person in the business since 30th Sept.—I was not in the business at all previously—the partners then were my father and Mr. Gray—Ovens was in my employ—it was his duty to open the shop at about 7 o'clock, but there was very rarely any custom before 9—if Ovens sold or parted with any articles of the description produced, it would be his duty to enter them—I have searched the book, and find no entry of the articles—if Goult or Jackson had purchased any of these articles, that ought to appear in their Saturday night account—I looked through the bills, and found none of the articles entered that were sold to Mr. Duffield—Mr. Wood, the solicitor, called to see Mr. Gray, Mr. Gray was at home, said he was engaged, and could not see him; and sent that message down by the servant—Mr. Wood had been before that, but I had not seen him—Mr. Wood was very much annoyed that Mr. Gray would not see him, and made some remark—I saw Mr. Wood again next day, Mr. Gray was not at home; Mr. Wood said he did not care, it would all go against us at the day of trial—he behaved rudely to my father, and I gave directions if he called again they were to answer him "Yes" or "No," but answer no other question.
Cross-examined by MR. METCALFE. Q. Did Mr. Wood tell you that Mr. Gray had been watched into the house, and he wished to see him about this business? A. No; he said he wished to see Mr. Gray—I presume it was about this business—I do not know that he wished to see the books Mr. Gray had, which had been kept by Ovens—I believe Mr. Gray had the books of the late firm—I do not know that Mr. Wood wished to see those books—he has not seen them to my knowledge—they are not here now—they relate to the time prior to my taking the business—my father and Mr. Gray were not in difficulties at any time—there was no arrangement made with the
creditors, they will be paid 20s. in the pound—the books were not in confusion—Mr. Birch was absent from July to Sept. at Walsall, purchasing goods for me prior to my commencing business—I have no power to produce the books of the late firm, they are in Mr. Gray's possession—Mr. Wontner is my solicitor in this matter—I do not know that he was aware Mr. Gray's books would be required—Mr. Wood did not say that if he, on behalf of the prisoner, was not allowed to see Mr. Gray and the books, it might prejudice our case on the trial, or that it would be mentioned that I had refused to allow him to see Mr. Gray—there was nothing said about the books—the books were in the house at the time, and Mr. Gray was engaged upon them—no one has seen the books since—if goods were sold on credit, they were entered—I know Birch has been in the habit of entering on slips of paper, and filing them, but it is contrary to the regulations—it was not done by anybody else—they have remained two or three hours without being entered—town saddlers often come and procure goods on approbation, to show their masters, and Birch bas then entered them on these slips of paper, but it is quite wrong for him to do so—Ovens was entitled to sell, but I gave him strict instructions myself to enter the goods at the same time—the accounts from the day-book were posted to the ledger about every month, not very regularly—six months has never elapsed without its being done—the longest time is two months—Ovens has been in the employ seven or eight years—he first came as servant at my father's private residence, he is now a porter—if customers came at 7 o'clock, he had a right to serve them.
Cross-examined by MR. HUDDLESTON. Q. When did the dealings of the firm with Jackson and Goult commence? A. On 30th April.
Cross-examined by MR. ROBINSON. Q. You had nothing to do with this business till Sept.? A. No—I had a place in Coleman-street, for three weeks or a month, prior to my taking the business in Fore-street, and before that I had been in Fore-street—there were no forced sales of goods from July to Sept. or Oct.
MR. BALLANTINE. Q. At what time did Jackson and Goult bring home their saddles? A. At various times, they generally came early in the morning to obtain gig-trees and serge—these bills commence on 9th Sept.—I have looked over them—if Ovens made any sales there was only one book for him to enter them in—I have not had any application made to me by Wood, or anybody for that book, and I have had no subpoena to produce it—I have never offered any objection to the books being seen—it was not in my powerwhen Wood behaved rudely to my father, he did not apply for any books—he applied to see Mr. Gray, but did not say what for—the book produced contains all entries from 30th Sep.—there are no other books that have any bearing on these transactions—when Ovens was taken in custody, Bull the officer told him he must consider himself in custody on a charge of stealing a pair of spurs—he said, "I did take a pair of spurs, and gave them to Goult, be had them on approbation, and will pay for them"—I asked if he had supplied a pair of hames—he said those he had given to Jackson, and had entered them as a gig-tree and a basil—I asked how it was he required another pair of spurs when he had had four pairs previously—he said Goult had one pair on approbation, and they were not yet disposed of—Ovens had no business to let anything go on approbation—I had given him strict orders a week previously to enter everything he sent out.
Ovens was in charge of the premises—the foreman generally came about 9—I have been in the shop once or twice when Jackson and Goult came, but my business was more at the back of the warehouse—once when Jackson was in the shop Ovens told me I was wanted in the kitchen; I went, and found I was not wanted—when I came back Jackson was gone—I have seen Jackson take away gig-trees, basil, and girths, and I have met him with parcels of a morning—I have seen Goult very often in the shop.
Cross-examined by MR. METCALFE. Q. If you had not been wanted in the kitchen, would your duty have been to have gone about your own work at the back of the premises? A. Yes; I could not see from there what was going on in the warehouse—there were no workmen there at a quarter-past seven in the morning—no one but Lines came before nine—he came about seven—he opened the shop outside, and then attended to the horse—no one but Ovens had to sweep the warehouse—I never sold anything, I do not know the prices—I never gave anyone anything—Lines, Ovens and I were the only persons there till nine o'clock.
MR. SIMON. Q. Was Line's duty principally in the stables? A. Yes.
THOMAS MACKNET . I live at 17 1/2, Church-street, Shoreditch, and am in the employ of Mr. Cook, saddler, of Waterloo-terrace, Commercial-road. From April to Nov. I was in Goult's employ—Jackson worked there—Goult was the master—I have frequently seen Ovens at Goult's, sometimes three times a day, in the last five or six weeks before Goult was taken—when he came I was sometimes sent out—I never saw him bring anything but once; that was a parcel of hog skin, a bit of patent leather, and a pair of scissors; and about a month before they were taken, I saw Ovens bring some girthchapes and buckles—he said they were 1s.—Jackson said the girths were for Mr. Duffield's men—on the morning Jackson was taken I saw him looking at a pair of spurs—I came up while he was looking at them—I looked at them—he said they were very nice spurs—I said they were very nice spurs, and he said, "You need not say anything"—while I was at dinner, the same day, Jackson and Goult were token into custody—about 2 o'clock Ovens came in, and Jackson's sister told him they were token into custody—Ovens sat upon a stool, and said, "It is all up with me!" and told Jackson's sister if there was any loose brown paper with their mark on it, she was to burn it—I went and saw Goult in prison, at Mrs. Goult's desire, but I should have gone whether or no—when I saw him he told me to keep my tongue between my teeth—I have seen terrets at Goult's but not like these produced—two pairs of terrets we had came wrapped up in basil and serge—Jackson brought one pair, and Goult the other.
Cross-examined by MR. METCALFE. Q. How long were you with Goult? A. From April; before that I was errand-boy, about six months, to Mr. Terry, a saddle and barness-maker—Goult was apprenticed to him, and when he was out of his time he set up for himself, and I went with him—the hogskins were to be made into saddles, and the patent leather would be used also—the girth-chapes are used in making girths—I never saw Ovens bring anything but once.
Cross-examined by MR. HUDDLESTON. Q. What used you to do? A. I stitched the saddles; the holes were made for the terrets, and the terrets fixed in—I was first asked to become a witness last Tuesday.
Cross-examined by MR. ROBINSON. Q. Were you in Goult's service when he was taken? A. Yes; I remained till the end of the week—no one paid me for it—I did not see Mr. Eldrid or Mr. Birch Between the time of Goult's apprehension and the end of the week—Goult never charged me with taking
a half-crown; a man in the Borough, whose name I forget now, did, while I was with Goult—it was about a month before Goult was apprehended—the man said he had paid me half-a-crown, and that I did not pay it to my master; but he never did pay it me—I was never charged with anything else by any one—Mr. Birch came and spoke to me at my master's about this, last Tuesday.
MR. BALLANTINE. Q. The master in whose employ you now are? A. Yes; I had then been a fortnight with him—Bull had spoken to me about it before that, on the Sunday after the prisoners were taken—I did not then tell Bull all I knew; I did not tell him anything—it was before I saw Goult in prison—I remained after that at my own house, in Church-street—while Goult was in prison, I went with his mother to a lodging in the City-road.
ANN HARRISON . I am in Mr. Eldrid's service. I remember Ovens being taken on 11th Nov.—I had seen him at half-past 8 o'clock that morning—Jackson and Goult used to come of a morning, at about 7 o'clock, sometimes before the warehouse was open—they then had to ring the bell, and I opened the door to them—Jackson was in the habit of coming at that hour about twice a week—he has not taken anything away to my knowledge—six or seven times when the bell was rung, Ovens has opened the door.
Cross-examined by MR. METCALFE. Q. During what time are you speaking of? A. About three months; both before and since Mr. John Eldrid has been there—there were seldom any other customers so early—a person named Haynes used to come—it was Ovens' duty, as porter, to open the door to anybody who came at that time.
JURY. Q. Where were you when this took place; how came you to know it? A. I let them in sometimes—the kitchen is at the top of the house.
JAMES LINES . I am porter to Mr. Eldrid. On one occasion I sold a basil and a tree to Jackson or Goult—I never sold anything else to them—I did not enter that, but I told either Mr. Eldrid or Birch to enter it—I recollect the day they were taken Ovens was at the warehouse—that morning, and between 2 and 3, I went for him, and found him in the parlour at Goult's—I told him he was wanted at the warehouse—I am not aware that he had any right there—I had heard him sent into the Borough with an order.
Cross-examined by MR. METCALFE. Q. What time did you come to the warehouse? A. About 7 o'clock—I had to sweep the warehouse—some portion of my work between 7 and 9 lay in the warehouse, and some else-where—I have never sold goods to my recollection except on the occasion I have mentioned—I did serve sometimes during the day if I was called on—I did not then enter the goods—sometimes Mr. Eldrid did, and sometimes Birch—if they were engaged, they would tell me to get out so and so, to assist them—I have sold sometimes in their absence—sometimes one person then entered, and sometimes another—there was always some one there during the lay to enter goods—I do not recollect selling goods when all the others were absent.
MR. BALLANTINE. Q. Your duty was to drive the horse? A. Yes.
RAFTER. I am in Mr. Eldrid's employ, and know Jackson and Goult—I have never sold them articles of this description, nothing but basil, serge, and gig-trees, and they have all been entered.
said he gave them into custody for receiving a pair of spurs and a pair of hames, of which Mr. Eldrid had been robbed—Goult said he had the spurs from Mr. Eldrid's porter, and he thought they were entered in the usual manner—Jackson said the hames he had sold to Mr. Duffield he had of a man named Turner, living in some street in Goswell-street; a man named Carpenter, I mean—I found a man named Carpenter living in Lever's-buildings, Goswell-street—I returned to Mr. Eldrid's, took Ovens, and told him to consider himself in custody for robbing his employer of a pair of spurs—he said he let them have the spurs, on approbation, and the hames he let Jackson have, and put down as two saddle-trees and a basil.
Cross-examined by MR. METCALFE. Q. What did Birch give them into custody for? A. Stealing a pair of spurs, and a pair of hames—they were taken before the Magistrate on that charge, and remanded two or three times—Mr. Wontner attended on those occasions as attorney for the prosecution—I do not recollect hearing Mr. Wontner say on the last occasion that he should abandon the charge of felony, and proceed on the evidence of a conspiracy—the felony charge was not abandoned—Mr. Wontner said he should indict them for the conspiracy as well as felony—they were committed for the felonies and the conspiracy, but were bailed—Ovens' bail were two of 20l. and one of 40l.
Cross-examined by MR. HUDDLESTON. Q. Did you make a mistake when you said Turner was the man's name? A. Yes; I mistook it for Carpenter.
MR. BALLANTINE. Q. How soon after you were told the man's name was Carpenter, did you go and look for him? A. The same evening—I found a man of that name there.
MR. METCALFE to HENRY BIRCH. Q. Were you present when they were committed? A. Yes; I did not hear Mr. Wontner say he abandoned the charge of felony—I cannot say whether he did or not.
MR. THOMAS WONTNER (examined by MR. METCALFE). Q. Was bail for the prisoners at first refused by the Magistrate? A. On the first examination it was—Goult was bailed on the second examination, but the others were not prepared with bail—they were all bailed at the last examination—it is not true that I said I abandoned the case of felony—they were committed for felony and conspiracy as well—the conspiracy applies to the whole case, and the felony to some of the articles.
Cross-examined by MR. HUDDLESTON. Q. Jackson is not in the indictment for stealing the spurs? A. No; but he is in the one for the hames.
(The prisoners all received good characters.)
OVENS— GUILTY . Aged 22.
JACKSON— GUILTY . Aged 22.
) Recommended to Mercy by the Jury.
GOULT— GUILTY . Aged 21.)
Confined Six Months.
OLD COURT.—Friday, December 19th, 1851.
PRESENT—Mr. RECORDER, and Sir ROBERT WALTER CARDEN, Knt. Ald.
Before Mr. Recorder and the Fourth Jury.
MR. BODKIN conducted the Prosecution.
JOHN PORTER (policeman, G 101). On 12th Dec, about half-past 10 o'clock in the morning, in consequence of information, I went with Trew to No. 17, Union-court—I knocked at the door, Hunt answered it, and I asked him if any one had brought a basket into his house a short time before—he said, no—I then proceeded to look over the house, and went into the front room on the second-floor, and under the bed there found a basket containing twenty fowls—Hunt was with me, and previous to opening the basket, I asked him what was in it; he said, "Fowls; one of my chaps brought them in a few minutes ago"—I understood him to mean one of his lodgers—he said he helped to carry them up-stairs—I asked if he had any more rooms besides what I had seen—he said, no—I further searched, and in the back-room firstfloor, I found another basket, containing sixteen 2 lb. rolls of butter—Hunt went there with me, and I told him I should take him into custody for having the fowls and butter in his possession, well knowing them to be stolen.
Cross-examined by MR. PARRY. Q. Is this house let out in lodgings? A. Yes; I do not know how many lodgers there are.
JOHN MOSS (City-policeman, 225). On Friday morning, 12th Dec, I was in the neighbourhood of Snow-hill, and saw Wilson carrying this hamper (produced) on his shoulder—the fowls that were afterwards found were in it—I followed him, and lost sight of him; but I am able to say this is the same basket, because I took notice of it—the lid was partly up, and one corner was very thin—when I looked at it, I had received some information on the subject, and I had a suspicion of the party—I did not notice anything written on the basket—I could not at all judge what was in it—about two hours afterwards I went to 17, union-court, and about five minutes after I got there, Wilson came in; he was not carrying anything then—that is Hunt's house where the basket was found—he had a light cap on, the same that he had when he passed me with the hamper—after he came in, he pulled off the cap, and put on a hat—this is the cap (produced)—I did not say anything to him, or he to me, when he came in—I was in the room on the ground-floor when he came, and he came in there—I let him remain ten minutes, and then I took him into custody, and told him it was for stealing a hamper of fowls—he made no answer—I was in plain clothes—it was about a quarter before 11 o'clock.
Cross-examined by MR. ROBINSON. Q. What time was it when you saw him passing? A. About half-past 8 o'clock—I was standing at the door of 62, Snow-hill, and he passed on the same side; the basket was on his shoulder—it was about half-past 10 when I got to Union-court—I have known him about a month, or six weeks, and have seen him seven or eight times passing in the street during that time,
COURT. Q. Had you any reason to observe him before? A. Yes; I had suspected him.
EDWARD WEATHERLY . I am a salesman, in Newgate-market. I have looked at this basket, and the fowls in it; it was consigned to me for sale on 12th Dec.—it is worth about 2l. 2s. 6d.—the cloth is the property of Pickford and Co., and the fowls belong to Charles Bateman, of Newport Pagnel.
Cross-examined by MR. ROBINSON. Q. What had you to do with the property? A. They were consigned to me for sale—I never saw them—I cannot say they ever were in my possession.
MR. BODKIN. Q. How do you know they were consigned to you? A. The policeman found the note inside addressed to me—they ought to have
been in my possession that morning at half-past 7 o'clock in Newgate-street—they would be put outside—I had had no notice of any such consignment that morning.
ROBERT BERRIDGE . I am in the employ of Messrs. Pickford, the carriers. On 12th Dec, at about half-past 7 o'clock, I delivered this basket at Mr. Weatherley's; I put it in front of his door in Newgate-street, on the pavement—I did not open it—it was middling heavy—I cannot tell what was in it—it had an address on it—I am sure this is the basket; it was the only one we had for Mr. Weatherley that morning.
URIAH TREW (City policeman, 257). On the morning of 12th about half-past 10 o'clock, I went with Porter to this house in Union-court, and took possession of the basket and fowls—I found this paper at the bottom of the basket—(read—Dec. 11th, 1851; to Mr. E. Weatherley, twenty fowls—Charles Bateman, Newport Pagnel.)
EDWARD WEATHERLEY re-examined. I know Charles Bateman, of Newport Pagnel—he is in the habit of sending me fowls for sale—I know his writing—this ticket is in his writing—the fowls usually come to me by Pickford's vans.
MR. ROBINSON to ROBERT BERRIDGE. Q. Did you ever see the basket before that morning? A. Not to notice it—we have a great many of the sort—I cannot undertake to say this is the basket I delivered—we had only one for Mr. Weatherley that morning—I am not able to swear this is the particular one.
MR. BODKIN. Q. But it was such a basket? A. Yes—I checked it off in my book, and said "One out of Pickford"—I called so in Mr. Weatherley's shop—there was some one there—the shop is open to the street.
MR. ROBINSON. Q. Where were you standing, when you called out? A. In front of the door—I merely put it down on the pavement, and went back to where they were unloading in the market.
BROOKS ALLEN . I am a collector of the City toll, of Newgate-street. On Friday morning 12th of Dec. I was on duty there from 6 o'clock in the morning—about a quarter-past 8, a man asked me to give him a lift up with a hamper of fowls that had been pitched off his shoulder, and I did so—it was a basket of this kind—it was about 100 yards down the Old Bailey, on the left-hand side of the Post-office—Mr. Weatherley's place is—in Newgate-street—Wilson is the man.
Cross-examined by MR. ROBINSON. Q. Which shoulder did you put it on? A. I cannot say—ho asked me to give him a lift up—I did so—he made a roll and pitched it on the shaft of another man's cart—I left him at that—there was a cart going out, and I had to look after my business—I saw Wilson again about half-past 10, at the station—they came and told me some man had been charged with stealing some fowls—I went to the station, saw Wilson, and identified him by his hat—it is one of those dog-hair hats with no nap to it—I also knew him by his features and his short jacket.
MR. BODKIN. Q. Was it the same morning you saw him at the station? A. Yes—there was only him and some policemen there—two or three of the policemen were in plain clothes—I knew him at once.
COURT. Q. Had you known him before? A. No—I identified him by
his hat, short jacket, trowsers and features—I knew him best by his hat and jacket and by his features as well—I heard that a basket of fowls was missed—I did not know at the time I lifted the basket on the man's shoulder that it contained fowls.
MR. ROBINSON submitted that there was no evidence of possession on the part of Mr. Weatherly, to warrant the articles being described as his, he never having seen them, or being aware of their consignment to him; MR. BODKIN contended that as against a wrong doer, the evidence given was sufficient; and the RECORDER being of that opinion left the case to the Jury.
NOT GUILTY .
(MR. BODKIN offered no evidence.)
NOT GUILTY .
MR. O'BRIEN conducted the Prosecution.
WILLIAM MAYE . I am landlord of the Fighting Cock, St. John-street, in the parish of Bethnal-green. Last Sunday morning 30th Nov. I went to bed about a quarter to one o'clock, the house was then secure—I was awoke about three, by a policeman, went down-stairs as quick as possible, and found the back-door leading to the yard, open, and the hinges wrenched from it—I cannot say whether the door was exactly off, but violence had been used—it was secure when I went to bed—I had noticed it particularly, because the house had been broken into the night before, and I had had extra bolts put on—there is a window in the yard, looking into the kitchen, a pane of glass had been taken out from there, close to the safe, which adjoined the window—I had seen that about 8 or 9 the night before—I had a piece of pork weighing about 5lbs. and three small pictures in the safe—the door was fastened, not locked—to open it a person must have come inside—the pork and three pictures were not there at 3, but Greathead showed them to me, asked me if they were my property, and I recognised them as having been taken—I have been shown where the prisoner lives, it is not far from my place.
Cross-examined by MR. PARRY. Q. Did you know the prisoner before? A. I do not recollect ever seeing him—I am a stranger in the neighbourhood; they succeeded in getting in the night before, which made me make the place the more secure.
JOHN GREATHEAD (policeman, H 31). On Sunday morning, 30th Nov., about 2 o'clock, I was on duty in a court near the yard of the Fighting Cock, and heard some one running across the yard—I could not exactly tell whether it was one or two persons—I waited a minuet or so, and then looked over the paling surrounding the yard, which is about five feet six inches high, and saw two men lying underneath the outer paling, about ten yards from the house—they were crouching down, and I said, "What, are you here again to-night?"—I had heard of something of the kind before—they then got up and ran away—I was getting over the fence to pursue them, and it broke down and I fell—when I got up, they were about ten yards off, getting over another fence, and they ran towards Three Colt-corner, which is at the corner of St. John-street—I sprang my rattle, pursued them, and when I got to Hare-street, the prisoner was in the custody of Blake—I had lost sight of the two men—it did not take me half a minute from the time I passed
Three Colt-corner till I got into Hare-street, where the prisoner was in custody—I believe the prisoner is one of the two men, but I cannot positively swear it—I only speak from his being the same height as one of the two, and he wore a similar cap to one of them.
Cross-examined. Q. Did you not lose sight of the men for more than half a minute? A. From the time I saw them get over, I think it must have been half a minute, there was—a door left open at the back of the premises, so I had nothing to get over—I think from the first time I saw them till I got round to Hare-street was not more than half a minute—I do not think it is 100 yards.
COURT. Q. You lost sight of them when they got over the fence? A. Yes; I could not see them run towards Hare-street, but they got over the wall, and jumped towards that way, and I ran through the door and saw them go out—I saw them again when they were about thirty yards off, at the top of Three Colt-corner—I did not see which way they turned from there as there were five or six women there.
MR. PARRY. Q. Was there a cry of "Thieves?" A. I cried, "Thieves!" and sprang my rattle as soon as I saw them—I did not see people about till after I had sprang my rattle—Three Colt-corner comes into Hare-street—there is another turning on the right of Hare-street, about twenty or thirty yards—when at Three Colt-corner, they could go into no street but Hare-street—there is a small court on the left-hand side—I do not think they went in there, but I did not see that they did not—I did not look up it—(looking at a flan) I first saw them here, at the back of the house—they ran over thirteen or fourteen yards before they got to Three Colt-corner—I went over the fences as well as them, till I got to the corner of Three Colt-corner, and then I went out a door about here—when they got there they might turn either to the right or left—I do not know which way they turned.
WILLIAM BLAKE (policeman, H 30). On 30th Nov. I was on duty in Bethnal-green, and about 2 o'clock I heard the springing of a rattle, and a cry of "Stop thief!"—I was then at the corner of Abbey-street, at the end of which Hare-street runs—I went towards Three Colt-corner, in which direction I had heard the sound; and as I was going I met the prisoner running fast towards me—he was alone—I stopped him, and asked what he was running for; he said "For nothing"—his hand was behind him, and I asked what he had got there; he said he had nothing—that did not satisfy me, I looked and found a brass poker in his band—I told him I should make some inquiry, and took him into custody—upon that he called out, "Father!" and two men and some women came out of a house close by—Greathead came up immediately, and we both took him to the station, the prisoner was then discharged, I was not aware any robbery had been committed—I then went to the back of the prosecutor's premises, and found a piece of pork outside the window-cill, where the square of glass had been taken from—the pictures were in the yard.
Cross-examined. Q. Did his father go with him to the station? A. Yes; he gave an explanation to the inspector, who thereupon liberated him—I saw nothing but the poker in his hand; if there had been anything else I must have seen it.
Q. Is it the practice of inspectors, or any person connected with the police, to suspend the police from their duty in a district where a burglary is committed, if the thieves are not detected? A. It depends on circumstances—I have not known any instance of it—if there is a clear proof of negligence against a constable, he might happen to be suspended—if parties are seen by
a constable, and they escape almost in a moment, that would not be neglect—the poker is two feet long—it is not a thing a man could very easily hide in his hand—this is it (produced)—I cannot say I have ever seen a poker like this in a burglar's hand before—I have seen jemmies and false keys.
ROBERT CHECKLEY (policeman, H 16). On 30th Nov., about 3 o'clock in the morning, I received information, and went to the prosecutor's house—I examined the back-door, and found several marks on it, which had been made with some blunt instrument—between 4 and 5 I went to the prisoner's house, which is forty-six yards from the railing at the back of the prosecutor's house; I have measured it—if a person wanted to go from the fence to where the prisoner lives, he would go across Three Colt-corner, and then come round into Hare-street—the place where the prisoner was taken has been pointed out to me; a person would have to pass that spot—I went to the prisoner's house, and found him lying on a bed with all his clothes on except a coat and hat—it was then between half-past 4 and 5—I cannot say the time exactly, as I was delayed at the prosecutor's examining the place—I knocked at the door—his father answered it, and T said I wanted to see George—I went into the room, and said to him, "Put on your things, and-bring the same poker with you that you had before"—he pointed to the fire-place—I said, "Get them yourself"—he then got this standard and the poker, and said, "This (the poker) is the one I was stopped with, and this (the standard) is the one I threw down in the passage"—I took the poker and the standard as well to the prosecutor's premises, and compared the marks on the outer-door with these instruments—I found five or six marks which it fitted into exactly, between the door and the door-post, and likewise the hinges outside the door where it had been placed in between the hinges and the door—the impression on the door corresponded with this in size and form—to the best of my opinion, the indentations I saw were done by this instrument, or another very similar to it—I examined some foot-prints from the back of the prisoner's house to the back of the prosecutor's—they had to go over about four different yards, I should say, where they had broken away the palings—I could not tell in which direction the foot-prints were, on account of its being a frosty night—it was only where the ground had broken that I could see the mark of a heel—the only thing that led me to think they went from the prosecutor's to the prisoner's was that there was a railing fresh broken at the end of the prisoner's yard, and there was some fresh dirt upon it as if it had been grazed off the sole of the boot in getting over; had they been coming the other way, I think the dirt would have lodged on the other side—to the best of my belief, that railing had not been broken many hours—in the next yard there were railings quite recently broken, and the nail was forced out with the wood—I took the prisoner into custody about 5 on the Sunday morning—I searched him, and found 6l. 18s. upon him.
Cross-examined. Q. He was examined before the Magistrate, was he not? A. He was; he produced several witnesses there—he was ultimately held to bail, and has surrendered to-day—I could not see whether there was a set of fire-irons like this poker and standard—I believe I could have taken the hinges off the prosecutor's door with a good strong knife; it was a very old door with very rusty hinges—it would be a difficult job for me to say that the paling in the prisoner's yard had not been broken for six or seven weeks; but, to the best of my belief, it was not broken many hours—they had drawn a bit of wood out which looked fresh—there were other palings broken in the neighbourhood—the houses in Hare-street are occupied mostly by tradesmen—the house where the prisoner lives is a private house—I found his father,
mother, and family there—there are a great number of bird-catchers in that neighbourhood—I have seen a great many young men go out for that purpose on a Sunday morning—I do not know whether they do so on other mornings.
MR. PARRY called the following Witnesses.
REBECCA CUMMINGS . I am the prisoner's mother—he is a blacksmith—he earns from 30s. to 2l. a week—he has never lived away from home all his life—we live in Hare-street, Bethnal-green—on this night I had sat up till half-past two o'clock on Sunday morning—my son used to go out catching birds on Sunday mornings—he was mending his nets on Saturday night till 10—he then went out, and came home about 2, with a bird in a cage—my daughter let him in, I was sitting by the fire—he then went out again for another bird, and came back with it about 25 minutes after 2—he was by himself then, some young men were with him the first time—about 20 minutes past 2, or it might have been a minute or two later, I was taken bad, and had occasion to go to the water-closet, which is halfway down the garden, and when I went into the yard my daughter let my son in—while I was there I heard a crashing of paleings, and a rattle springing—I ran out, and hallooed "Thieves! thieves! bring a light!"—my son and daughter came out—my son had the standard and the poker in his hands—he wanted to get over the fence—I said, "Pray, George, don't get over, they will ill-use you," and my daughter said, "Don't go over, George; they have gone round by Guffer's," that is a person who lives at Three Colt-corner—he threw the standard down to his father, and ran out with the poker, and said he would go round and gee—his father had been in bed and asleep, the alarm awoke him—at the time I was taken bad the poker and standard were in the room; they had not bean out of the room since 4 in the afternoon—when my son was taken, the policeman dragged him along, and would not let him tell what he was going to do—he was found in bed with his trowsers on, because he was going to get up and go bird-catching—his father went to the station with him, and came back.
Cross-examined by MR. O'BRIEN. Q. Did he go near the palings when you and your daughter told him not to go over? A. He was near them—I cannot say that he touched them, but he did not get over, I am sure—he-went out about 10—I did not see him from 10 till 2—two or three young men came to the door with him, Chamberlain, and Mr. Adey, and Westguard—they only stopped at the door while he came in to bring the bird in, and the three went away together—neither of them went into the back-yard, or into the house—my son only put the bird down, and said he was going for the other, I think to Hunt-street, to his young woman's—he returned alone with the bird about 25 minutes after 2, and went into my front room—that is where the poker and standard were—my husband was in bed in the same room—there was a fire there, and I had the standard to poke it with, not many minutes before I went into the yard, as it was rather shorter than the poker—it was not fixed, but was at the right side of me—my husband went to bed about 25 minutes or half past 1—my children were in the house—I have nine of them—my daughter is twenty-four—she was up, and my daughter-in-law, Elizabeth Cummings, who was in the same room as I was, where my husband was sleeping—she is here, she is the wife of one of my sons—I remained in the yard about a minute after the noise—it was not two or three minutes from the time my son left the yard till I found him in custody—my husband got out of bed before my son left the yard—he stood at the door in his shirt, and he was very ill too—he picked up the standard, which my son left down again the yard door.
MR. PARRY. Q. Where were you when the three young men came to the
door? A. Sitting by the fire—they were outside the door—I did not go out that evening at all—my son was mending his nets till 10 o'clock.
REBECCA CUMMINGS, JUN . I am the prisoner's sister. I remember the evening he was taken, he came home from work about 6 o'clock—he was mending his nets by my table, and just before 10 I went out—he catches birds on a Sunday—I returned just before 12—he was not in then—he came back about 2 with the first bird—I think there were two young men outside: I heard their voices; I did not see them—my mother was not able to see them—he put the bird down, and went to his young woman's for another bird—he came back in about 25 minutes—I opened the door to him, and he had another bird—my mother had just gone into the yard—in about four or five minutes I heard her cry, "Thieves! bring a light!"—I took a light, and gave the prisoner the poker—he said, "Give me two, one is not enough," and I gave him the standard, and went out with him into the yard—he wanted to get over the pales: my mother would not let him—he came out of the yard into the passage, threw the standard into the passage, and said, "Father, father! here is one for you," and went into the street—I afterwards heard he was taken, and saw him with the policeman—my father dressed and went to the station—we have all been examined at the police-court—the poker and standard were in their place when I came back at 12—they were not moved from the fire-place till he moved them—he has been in constant employ.
Cross-examined. Q. Was the standard loose generally? A. We generally use it to stir the fire; I recollect using it after 12 o'clock on that evening—it was the standard I handed him, he took the poker himself—he was by the fire-place then—my mother was in the back-yard then, and my father was in bed—I ran out into the back-yard with my brother—my sister-in-law was there, she does not live in the house; she lives up at the West-end; but it was very foggy, and mother persuaded her to stop all night, and she was undressing herself by the fire—she was to sleep with me, in the same room—all the rest of the family were in bed—my mother could not see the persons that came home with my brother—I did not see them—I did not go out, and they did not come in—the door was open when my brother came home the first time, and I let him in the second time—I do not know whether there were two, or three, except what my brother told me—I heard their voices, nothing more—I could not say by their voices who they were; I did not pay much attention—my brother was very seldom in the habit of being out at 2 o'clock in the morning—my mother had not gone out to the back-yard above a minute when I let my brother in; she could not have got further than the yard—she went to the back-door, and I let my brother in at the front-door—he said the second time, he brought the bird from his young woman's—when I saw the policeman with him it was two or three doors from father's house—my father picked up the standard, and put it into the fire-place, before he went out—I did not see him put it into the fire-place, but I saw him pick it up in the passage, and take it into the room—it was in the passage, close by the stairs—my mother was in the passage at the time he picked it up—he then put on his trowsers, and came to the street-door—when my brother cried, "Father, father!" I was in the passage against the street-door, and then my father came out at the street-door—he had his trowsers on then—he is a fender-maker—we are in the habit of being up late on Saturday evenings.
Mr. PARRY. Q. Did you afterwards hear the names of the young men who came home with him? A. Yes, from my brother, at the police-court—when my father took the standard in his hand he was in his shirt.
ELIZABETH CUMMING . I am married to a son of Mrs. Cumming. I was there the night my brother-in-law was taken—I came there a little after 10 o'clock—he had just gone out—he came home about 2 o'clock—he brought two birds, but I think only one cage—he went out again, and came back in about twenty-five minutes, with another bird—ray sister-in-law opened the door to him—my mother-in-law had just gone into the water-closet: she had not been out many minutes before she hallooed out, "Bring me a candle! there is thieves!"—the prisoner ran to the fire, and said, "Father, there is thieves!" and he took the poker, and said to his sister, "Give me the standard too"—she did so, and he went out, and came back, and chucked the standard to father, who was in the passage—he went out at the front-door; turned back again, and the policeman took him—he went as far as Three Colt-corner—there is a low wall there.
Cross-examined. Q. You were not examined at the police-office? A. No—I was not in the street to say that he went as far as Three Colt-corner—I was undressing myself by the fire, but I went to the door, and saw the policeman catch hold of him, and heard him halloo out—before that I do not know how far he had gone—when he chucked the standard down, he was just going into the passage—my father put it on to the fender; in the flurry, I cannot say whether he fixed it, or put it down—he did not leave the house till he heard his son was taken; he then slipped on his trowsers and boots, and went out—the first time the prisoner came home my sister let him in, and the second time as well—I do not think he came into the room the first time; I think he gave the birds in at the door to his sister—I heard him knock at the door the first time; my sister answered the door, and I heard him speak—I think that was how it was—I did not go to the door, I was sitting by the fire—my mother did not go—I do not know in my flurry that I heard a knock—I think I heard my sister say, "Don't be long, we want to go to bed," and he said, "I shall not be many minutes gone; I want to get the other bird"—I have no distinct recollection, except hearing my sister speak to him—she was at the street door when she spoke to him—she opened the door to him—she was sitting with us before that—I heard the voice of no one but my sister and brother, nor did I the second time—there is no knocker to the door; if he did knock it would be with his hand—I heard him knock the second time: my sister opened the door, and he came in—my mother was then in the yard—my brother went into the room where my father was sleeping, and put the bird on the table—I came from the Westend: my husband had sent me to take a job home; I intended to return that night—I had not seen my brother-in-law that night, till he came in with the bird the second time—my sister went out a little after 10 o'clock, after I came in—I supped with my father, sister, and mother; that was a little after 12, after my sister came in.
HENRY CUMMING . I am the prisoner's father, and am a fender-maker, and have lived in Hare-street eleven years; my son lives with me; he is a blacksmith. Last Sunday fortnight I went to bed about half-past I o'clock, and went to sleep—my attention was afterwards called by my daughter, or daughter-in-law saying, "Father, father! there are thieves in the yard!"—I could not find my trowsers—I ran to the door, and found my wife, and my son and daughter in the yard—my son said, "I will get over the pales"—His mother said, "Don't, there's a dear"—my daughter said, "Depend upon it, they have gone round by Guflfer's"—my son chucked the standard down, and said, "Father, you take that"—I picked it up, and put it by the fireplace; I put my trowsers on, and heard him say, "Father, they are going to
take me to the station-house!"—I dressed myself, and went down to the station—the inspector said to the policeman, "Is this all you have got against him?" and dismissed the case; I was not called upon to explain; I came back with my son, and he was afterwards taken into custody—they came nod rapped at the shutters, and wanted to speak to him, and took him.
Cross-examined. Q. Were you in the room when he was taken into custody? A. Yes; I was not in bed: I had not undressed myself; I had laid on the bed—he was taken in the same room as I was—he slept in the same room—I heard the policeman say to him, "Where is the poker you had in your hand?"—I did not hear my son say, "There is the standard I threw down in the passage," or words to that effect, and I was there all the time—I did not hear him say anything about the standard, but I heard his mother mention it—she said, "Here is the other thing which he had in the yard, which he chucked down to his father against the yard-door"—when I picked the standard up I put it by the fire, as I generally do when I use it to stir the fire with, being shorter—I was not before the Magistrate—my son is not in the habit of being out late; he is the best of the whole lot. the easiest and the contentedest—I was home late that night—I had my supper from half-past 12 to a quarter to 1 o'clock—I supped alone, because the others had steak, and I fancied a bit of cheese for my supper—I know the others had steaks, because I was in the same room with them—they did not take their supper at the same time as I did; I took mine first, and smoked my pipe by the side of the fire while they had theirs—they might have had a mutton-chop amongst them, for what I know—we did not sup at different tables; I left the table after I had done, and they went to it—I was at home when my daughter returned—I left home that evening about ten minutes or a quarter before 10—I did not leave with my daughter; I went to take my work home—I cannot say whether she was at home when I left—I left before the prisoner left.
ROBERT ADEY . I am a machinist, of 2, William-street, Spicer-street, Bethnal-green. I know the Trafalgar beer-shop, Bethnal-green—I was there with the prisoner last Saturday fortnight at 10 minutes after 10 o'clock—I was with him till 5 minutes before 12—Chamberlain was with us as we left the Trafalgar—the prisoner was in other people's company at the Trafalgar, and I was sitting alongside of him—Chamberlain came into the tap-room a little before 12—we all three left together, and went to Mr. Westguard's, Church-row, Bethnal-green, where we remained till 2—the prisoner got a bird in a cage there—I and Chamberlain went with him to his own house, where he took it in—from there we went to Hunt-street to Mary Green, his young woman; he there got a bird and cage—I parted with him at my house, 2, William-street, which was on his way home, and Chamberlain lives next to me—he left him at the same time as I did—I saw Mary Green.
Cross-examined. Q. Is she here? A. Yes; Westguard's is a private house—the son, the father, and the mother were there—we were sitting there talking of fancy. and different kinds of birds—we had a drop of beer there, which was there when we went in; no beer was sent for, to my knowledge—we had drank a small drop of beer at the Trafalgar—I know the Fighting Cock—that is not more than a couple of stones throw from Westguard's; about 200 yards—only me and Cummings went out—we only went just outside the street-door for a minute or two, about a couple of yards from the door, and turned back again—that was about twenty or twenty-five minutes before we returned finally—we left about 2 o'clock, and went straight to Cummings's house—I did not rap at the door, I do not know whether the prisoner did; I was talking to Chamberlain—I did not see the sister—I did
not go up to the door with him; I stood a little way off—I do not know who let him in—I did not see him go inside, or see who took the bird—Mary Green's is about four minutes' walk from the Fighting Cock—we did not have to pass the Fighting Cock to go from his place to Mary Green's; it is to the left, and Hunt-street turns down to the right—my place is about three minutes' walk from Cummings's—it was about 20 minutes past 2 when I parted with him altogether—there was some beer in a pot at Westguard's, they offered it to me, and I drank it—the others bad some out of the same pot—I only saw one pot—we had nothing to eat.
MR. PARRY. Q. You went out for a minute; what was it for? A. To make water.
WILLIAM CH AMBEERLAIN. I live at 3, William-street, next door to Adey. On Saturday night, 29th Nov., I met the prisoner at Mr. Downe's, the Trafalgar—I was there two or three hours before I saw him—I first saw him about 5 minutes to 12 o'clock—me and Adey and Cummings went to Westguard's—we stayed there about two hours—we got a bird there—we left about 2—Cummings took the bird borne; I and Adey went with him—we then went to Hunt-street to Cummings's young woman, and got a bird there—we came back as far as our door—we left Cummings there, and me and Adey went in—it was about 20 minutes after 2—he had the bird with him when I left him.
Cross-examined. Q. What did you go to Westguard's for? A. For a bird; we had something to drink there—we did not send out for anything there; Mrs. Westguard had got some beer in there—I do not know that they sent out for any, but we had beer which lasted for upwards of an hour—we went home with Cummings with the bird—I do not know whether he knocked at the door—we were not talking very low, we were talking out—we did not remain at the door at all: we walked very slowly past the door—I do not remember stopping; we did not stop—we had got two or three doors on when he overtook us—we then went to Mary Green's—I waited outside—I did not go out the whole time f was at Westguard's—Mr. Westguard is here, his wife is not; young Westguard is.
(MR. O'BRIEN here withdrew from the prosecution).
NOT GUILTY .
NEW COURT.—Friday, Dec. 19th, 1851
PRESENT—Sir JOHN KEY, Bart. Ald,; Mr. Ald. LAWRENCE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Fifth Jury.
MR. HUDDLESTON conducted the Prosecution.
I have a son named Benjamin Thomas Hartrop—in Aug. last my attention was attracted to an advertisement in the Times newspaper, and I wrote a letter in answer to it—I received this answer—(read)"28, Broad-street-building, City, 26th of seventh month, 1851. Respected Friend,—Wilt thou be pleased to call with thy son on second day (Monday) at our office as above, between 12 and 13 o'clock, for particulars in answer to X, Y, Z. We are thy friends Chadwick and Co. To Thomas Hartrop, ironmonger, Upper-street, Islington"—In consequence of this went to 28, Broad-street-buildings" Chadwick and Co." was painted on a white ground, and also on the
office door—I went in and saw the defendant—I told him I had called with my son, according to the appointment—I asked if his name was Chadwick; he said, "Yes"—he was dressed as a Quaker, and spoke like a Quaker—he stated that he had a partner named Milson, but unfortunately he had lost the late election for the borough of St. Albans—he told me that he himself was a preacher, and a member of the Society of Friends—on these representations, and considering that he was a respectable man, I parted with my money—he wished me to forward him some money—6l. was to be paid down, and 1l. 1s. for a copy of the indenture—some time afterwards I received this other letter (read)—" 28, Broad-street-buildings; to Thomas Hartrop. Respected Friend—Not seeing thee on Wednesday, I left town on Thursday for two days; I will see thee as above to-morrow, 2 o'clock, at which time I have desired the solicitor to come or send his clerk, to witness the signing of indenture. Charles Chadwick"—He said at the first interview that he did not require any premium with my son, but would require something like 30l. to buy books and instruments, and other things that were requisite in the profession of an architect—I afterwards received this other letter from him—(read—" 7th of tenth month, 1851. Respected Friend—If 5l. is paid me this day, or to-morrow, 2l. for the instalment, and 3l. the balance of the solicitor's charges, I undertake not to ask thee for any more instalment for three months; respecting the stamp of the indenture, if thou wish I will fulfill all the covenants without a stamp. Thine respectfully, Charles Chadwick"—I signed an indenture on parchment, this is it—it was drawn up by Mr. Williams an attorney—I never saw the attorney—it is witnessed by a youth named Armiger—(The indenture witnessed that the prosecutor's son, Benjamin Thomas Hartrop, was articled to the defendant for three years; the sum of 30l. to be paid by the prosecutor. 7l. down, and the rest by monthly installments of 11.)
Q. How much money did you pay under that? A. 6l. and 1l. 1s. for the copy of the indenture—he gave me this receipt (produced)—my son went in Aug., and remained till 10th Nov., when he went and the office was shut up—I went there myself, and found the empty room—I never knew Mr. Milson, the partner—I could not get in the place where Mr. Chadwick carried on his business as civil engineer—his name was erased, and another name painted on, "Williams, solicitor."
Cross-examined by MR. CHARNOCK. Q. Do you know how much was paid for engrossing this document? A. He told me 1l. 1s. was paid—I never saw this paper (looking at one)—I do not recollect that he told me he paid 6s. 4d. for engrossing—this 6l. was to be laid out in books and drawing-boards, and other things—the signature to this paper (looking at one) looks like my son's—I know my son brought home a book called "Salisbury Cathedral"—I do not know whether he was charged 2l. 10s. for it—it was not worth that—I did not see the receipts.
Q. Did he bring home some architectural precedents? A. Yes; and some 2d. books—he brought home a drawing-board—I do not know whether he had any Indian rubber—he had no pencils of Chadwick, he had bundles of pencils of his own.
Q. Were you willing to take 5l. to settle this business? A. I certainly should have taken 5l.; I should not have been perfectly satisfied; I considered my son was injured—if I had been paid 5l. I should not have looked after Chadwick—I never saw him—he sent me a very impertinent letter—he refused to give me 5l.—my son went on 12th Aug., on trial for a month—I believe Chadwick gave him 3s.,—he told me he would give the boy 3s. a week—he
gave him one 3s.—I do not know that he gave him any more—I have not studied this book of Salisbury Cathedral—he might as well have bought the child a picture-book, in my opinion—I do not know that I love the Quakers more than others—I firmly believe they are an honest set of people—I have reason to speak well of them—I am a Church of England roan—I complain of Chad wick absconding, and leaving my son—he told me he was not in misfortune—I parted with my money, considering he was a respectable man—my son brought home a bit of board—I never paid anything for this book—he told my son to bring it home, and study it—I know that architectural books are very dear.
MR. HUDDLESTON. Q. You parted with your money, believing the prisoner to be a respectable man? A. Yes; he told me he was an engineer and surveyor—I thought he was a respectable man, because he said he was a Quaker, and that he was partner with the ex-member for St. Albans—that induced me to think he was a respectable man—this book is "An Historical Account of the Cathedral Church of Salisbury"—the way I came to say anything about the 5l. was, a person of the name of Wilson called on me, representing himself as being sent by the prisoner—I never had any communication with the prisoner about the 5l.—I had nothing to do with any one respecting the 5l. but with Wilson—I never knew the prisoner under any other name than Chadwick.
BENJAMIN THOMAS HARTROP . I am the son of the last witness; I shall be sixteen years old next birthday. I signed this indenture—I went to 28, Broad-street-buildings—when I got there, the prisoner told me to copy out plans, and to write advertisements about lending out 90,000l., and other sums, to be put in the paper—there was no real business whatever—I never was sent into the country to draw plans—there were eight other persons there like myself—they had just the same to do as I had, to copy advertisements, and trace these drawings—the prisoner went by the name of Chadwick—I never saw his partner—this went on till 10th Nov.—I went there that day, and 28, Broad-street-buildings, was shut up—the landlady said all the goods were taken away—I could not go in; it was locked up—I staid almost all day—this book was given me to copy, to trace the drawings—it was to be my own—these small ones were given me—I had 3s. given me, and half-a-crown, to take care of the other youths while the prisoner was out of town.
Cross-examined. Q. Look at this paper; are these receipts signed by you? A. Yes; I received this book, the "Cathedral, 2l. 10s.," in part-payment of the 6l.—I received "Architectural Precedents, 1l.," in part-payment of the 6l.—I received "drawing-board and Indian-rubber, 8s. 2d. "—I took these things home from time to time—I received 5s. 6d. from the prisoner, but no other sum whatever—I received no drawings—I received some tracing-paper, very thin transparent—I did not take that home; it was left at the office—I received some drawing-paper to practice on; the value of all I had was about 1s.—I copied plans of old copies which were lying about—I was there a month on liking—I was very regular in ray attendance—I really do not know how I came to sign this indenture, as we had no real business.
MR. HUDDLESTON. Q. Did your father know anything about your signing these receipts? A. Yes, I told him; I had writing-paper, on which I wrote the advertisements.
WILLIAM THOMAS OSBORN . I am an oilman, and live in Walbrook-street New North-road. I am landlord of 66. Murray-street, Hoxton, in my mother's right—the prisoner took that house of me—he gave the name of
William James Milson, and said he was an architect and surveyor, and he had lately been a candidate for the borough of St. Albans—he took the house in March—after he took it I noticed on the door the name of "Harris, surgeon"—I think it was "Dr. Harris"—there was a lamp placed over the door—the prisoner was to pay 36l. a year rent—he left three or four weeks after Michaelmas Day—I went to the house on the Wednesday after the goods had been moved away—the prisoner had paid me 9l. deposit and one quarter's rent to Midsummer—there was one quarter due at Michaelmas—when I went there on the Wednesday I rang the bell, and he came to the door undressed—he opened the door, and I would not allow him to shut it—he then let me in, and immediately locked me in the shop, and threatened that if I came any further he would knock me down—there were a few bottles in the shop with something in them; there was no furniture—this was a few weeks after Michaelmas Day—there had been a person there whom the prisoner represented as Dr. Harris.
Cross-examined. Q. How long did the prisoner occupy your house? A. Six months and three or four weeks after last Michaelmas Day—I received 18l. altogether from him—there was 9l. due last Michaelmas Day—there was 9l. deposit, but that was against his doing any damage to the fixtures—I got 18l., and there would be one quarter due at Christmas.
JANET TAYLOR . I live in Vaughan-place, Shepherdess-row. My husband was taken ill, and Dr. Harris (the prisoner) came to see him—I sent for Dr. Harris, and he demanded half-a-crown before he would come out—he said he was a doctor and a physician, and had his diploma from Aberdeen—he visited my husband once; he felt his pulse—that was on 1st Aug.
Cross-examined. Q. You do not know that he is not a doctor? A. No.
SAMUEL RUSHFORD RODWELL . I am a bookbinder. I have a daughter who was ill at the latter end of Sept; she had the scarlet fever—a person named Bellares was attending her—he brought the prisoner with him, and introduced him as Dr. Harris—he was dressed as an ordinary gentleman, and his manner was that of a medical man—he felt my daughter's pulse—I did not pay him—I believe my wife paid Bellares for him, one guinea—he did not write a prescription—he ordered a mustard poultice for the back of my daughter's neck.
Cross-examined. Q. Did your daughter get well with the mustard poultice? A. Yes; I did not pay the prisoner a farthing.
WILLIAM THOMAS AUSTIN . I live private. I had an interview with the prisoner on 1st Sept.—he represented himself to me as Dr. Harris—I called in consequence of an advertisement—I have since known him under the name of John William Milson—I found out something, and gave him into custody—I called his attention to this advertisement (looking at it)—I asked him if he knew anything about it—he said yes, he had caused that to be inserted, but since that he had given up all this practice—it is in the "Belfast Chronicle "—(read—"Money on Mortgage. A Physician is desirous of lending 6,400l., to be lent in one sum or in smaller sums at five per cent, interest. Persons requiring the above to forward all particulars to Alpha, at Dr. Harris's, surgeon and accoucheur")—I gave him into custody—he told me he was a rejected representative for St. Albans, and was reduced to great distress, which caused him to do what he otherwise would not—he wished me to let him go—I said, "No; it shall come before the police"—he said he was a father (I am one), and he hoped I would regard his feelings—he offered me 12l. to let him go—I told him I should not do any such thing.
Cross-examined. Q. What are you? A. I am in no trade or profession; I
live on private property—I come from Westmeath—I wanted money, but not in the way Dr. Harris meant—I did not expect to get money from him—I have been about two years in England—I live in Shepperton-cottages, New North-road—I have a bedroom and the use of a sitting-room—I pay 5s. a week.
MR. HUDDLESTON. Q. I believe yon have served in the army? A. I was in the convict service—I went out as superintendent under an appointment from Government, under the direction of Sir Robert Peel.
MICHAEL FINCH . I have a son, named Philip Finch, In consequence of an advertisement in the paper, I went to the prisoner in Bridge-street, Black-friars—he stated that he had room for an apprentice as a civil-engineer and architect—he said there was no premium required, and there would be up salary, the first six months—he talked a great deal like a Quaker, and went under the name of Milson—he got 11l. from me—these are the receipts he gave me (producing them)—when my son first came in, he said he liked the appearance of him—he said he could charge for him.
Cross-examined. Q. You were not before the Magistrate? A. No; I signed no deposition.
COURT to BENJAMIN THOMAS HARTROP. Q. Did you go to 28, Broad-street, after 10th Nov.? A. Yes; I went the next day—the place was shut up, and several persons waiting.
GUILTY .— Transported for Seven Years ,
MR. HUDDLESTON stated that more than twenty persons had been rolled in ike same way by the prisoner.
123. MATTHEW MATTHEWS, CHARLES RICHARD BURDETT WALKER, FRANCIS WILLIAM, RICHARD LAWS, HORATIO STAINBRIDGE , and ELIZABETH BUCKLE , unlawfully conspiring to cheat and defraud David Brown Moore, and others.
MR. PARNILL conducted the Prosecution,
WILLIAM NORRIS . I live in Mare-street, Hackney, and am agent to Mr. Moore, the owner of the house, 18, Ann's-terrace. The prisoner Walker called on me on 25th June, to ask about the house I had to let—the rent was 50l. per annum—I asked for references, and agreed to let him the house, subject to the references being satisfactory—he referred me to Mr. Palmer, 15, Milman-street, Bedford-square, and to Mr. Stevens, 18, Penton-street, Pentonville—I went to 18, Penton-street, next day—Mr. Stevens was not at home—I saw the prisoner Buckle—she told me her name was Mrs. Stevens, that Mr. Stevens was out, but perhaps she could do as well—I told her I came to inquire the character of a man named Walker—she said he had lived in a house of theirs in the Wandsworth-road for twelve years, they had always found him a very good tenant, and I should do the same—I do not recollect whether there was any name up at the house in Penton-street—I went to Milman-street, where I saw the prisoner Stainbridge—he came into the room—I said, "Mr. Palmer?"—he said, "Yes"—I said I was referred to him by a Mr. Walker, who was about to take a house of me—he said I should find him a very good tenant; he had known him many years, and he was stopping in his house till he could get into this house of mine—he said he had come from the country, and he brought him into the room afterwards—in consequence of this I took Walker as a tenant—he took possession, I think, on 28th or 29th of June—I was told by the police that the house was empty on 30th Sept.—Walker had called on me a few days previously to ask if the landlord would sell the house—he said his wife would give 500l. for it—I
referred him to the landlord—at the first hearing before the Magistrate all the male prisoners were present—I attended, and gave my evidence—I did not see the prisoner Buckle while I was there; but just as I was coming away, about 3 o'clock, she came into the office, went across to the further door, and asked the door-keeper if she could speak to Walker—I went up and touched her—I said, "Mrs. Stevens, how do you do?"—she said I was mistaken, her name was not Stevens—she was then taken into custody—I am not mistaken in her person—I am quite positive of her.
Cross-examined by MR. LAWRENCE. Q. You are agent to Mr. Moore?
A. Yes; I am a builder, at Hackney—Mr. Moore only holds that one house by lease—I do not know that he is the owner of any other houses—when Walker called on me I did not tell him there were other landlords whom I must consult—I had the house from Mr. Moore—the bishop removed him from there, and he requested me to let it—I believe Sir William Tollett is the possessor of the freehold, as executor to the trustees—Mr. Moore had the remainder of a seven years' lease, which had been let to the Rev. Josiah Viney—I am agent for other houses—I generally send my clerk to inquire about the references, but in this case I went myself—I think the house in Milman-street was a ten-roomed house—it had a plate on the door, with the name "Palmer" on it, very much rubbed—I saw Stainbridge, and thought him a respectable man—I never saw him before—I am able to speak to his being the man—I recollected him when I saw him at the police-station—I said, "That is Walker"—I then saw Palmer or Stainbridge—I had not seen him before that I know of—when he was at the station he was dressed as he is now—when I saw him at the house he was dressed very genteely, like a gentleman—it was a week before quarter-day that Walker called on me to ask if the landlord would sell the house—I referred him at once to a Mr. Newby; he holds the ground-rent; he let it to the Rev. Josiah Viney, and he let it again to Mr. Moore—the key of the house was sent to me by the parcels' Delivery Company three or four days after they left—it was directed to me.
Cross-examined by MR. ROBINSON. Q. Do you still believe that Buckle is the person you saw? A. Yes; it was on 22nd June I saw her first—I saw her about eight weeks ago at the examination—I think it was the beginning of Nov.—she came and said, "Can you let me see Walker?"—I heard that—I had followed her in—I was just outside the door when she came in—I was very near her; she passed by me, and went across the room—I never saw her before I saw her in June, and I never saw her afterwards till at the police-court—I was shown up-stairs in the drawing-room, at Penton-street—I do not know that Walker has a sister-in-law of the name of Bennett—I do not know whether Walker has any children—there was a boy taken with him.
MATTHEW ELWALL . I live at Camberwell. I know the prisoner Matthews—he came to me in Sept. to take a house of mine, at No. 9, Angel-terrace, Pentonville—he represented himself to bear the name of Charles Simmonds—I agreed to let him the house for three years certain, at 52l. 10s. per year, payable quarterly—he was to commence from 29th Sept., and to take possession as soon as he pleased—before the matter was settled I required a reference, and he referred me to Mr. Walker, Ann's-terrace, Hackney—he told me he was a retired tradesman; he had been a watch-case maker; and he and his father had resided all his life at No. 18, Springfield-terrace, and Walker was his landlord—I went to Walker, and said I had been referred to him by Charles Simmonds—Walker said, "I know little of him; all I know is, he and his father lived in a house of mine twenty—on e years, and paid the
rent, and did not knock the house about, or do any mischief"—I was satisfied, and let Matthews the house—he did not remain more than three weeks, and then bolted.
Cross-examined by MR. LAWRENCE. Q. You went to Ann's-terrace? A. Yes; I do not know the number—I asked a postman; he showed me the house—I saw Walker—I had never seen him before—I saw him again when he was in custody—I pointed him out—it was about a month, or it might be five weeks after I went to his house till I saw him again.
ROBERT NATHAN DRESSY . I am a coach-builder, and live in High-street, Stoke Newington. The prisoner Walker applied to me in August for a pony phaeton; he left word for me to call on him the next day, at 18, Ann's-terrace—I went there next day—I saw Williams—he asked me to go and look at his pony—he said the phaeton would suit him—he said it would be rather inconvenient to him to pay the money down, would it be any consequence—I said, "No"—he said, "If you draw on me at six weeks I shall be prepared"—the price was 16 guineas, but I let him have it for 16l.—it was on the 17th of Aug. I called on him—the bill was drawn on 19th Aug., and became payable on 3rd Oct.—I went there, and to my great astonishment there was a padlock on the door, and everything taken away—I have since seen my phaeton at Grove Villa, Loughborough-road—I did not see Walker again till he was taken—when he bad the phaeton he said he had been at great expense with his daughter, who was ill, and he had spent 300l., and he thought having something of that kind would be better than to have so much doctoring—I thought him a respectable man, and the furniture seemed very respectable—there was a brass plate on the door, with the name "R. C. Walker."
JOHN CHIPPET . I am a saddler and harness-maker, and live at Lower Clapton. The prisoner Walker came to me a few days prior to 1st Sept.; he told me his name, which I took down on paper, and desired I would wait on him at his residence—he gave the name of "C. R. Walker, Victoria-park"—he required a set of harness for a pony—the price of it was 6l.—he told me he was a retired surgical-instrument maker, and his wife liked the residence so much that she would purchase it if she could for 500l., if they would take that money for it—the harness was delivered on 18th Sept.—I should have fitted the harness on, but he said the pony was ill, and had been bled—before the harness went home, Stain bridge came to my house, as groom from Mr. Walker, to know if the harness was completed—he looked at it—he said nothing against it—I took it borne on 18th Sept., and on 22nd Walker called on me—he did not pay me, but purchased a whip for 12s.—he did not pay for that, but ordered some brushes, and other stable utensils—my bill was 11l., less 1s. 7d.—he did not pay for anything—the last goods were sent in on 27th Sept.—I did not call for the money; as I was returning from town I saw the house was closed.
Cross-examined by MR. LAWRENCE. Q. When did you first hear that the prisoner Stainbridge's name was Stainbridge? A. At the police-station—he came to me as a groom, and I put a handle to a horse-brush to fit his hand, therefore I had every right to conclude he was a groom, and I saw him when I went to the house—I am very glad to say I have not a great many bad debts—my trade is very small.
SARAH SOUL . I am in the service of Mr. Watkins, a draper, in Norton Falgate. About 24th Sept. Matthews came there—Walker was in a chaise at the door—Matthews ordered some mourning goods to be sent to Mr. Walker, 18, Ann's-terrace, Hackney—Matthews wrote down the address—I
took a mantle and three bonnets there the same evening—Walker came into the room while I was there—he did not stay a minute—they wished me to leave all the goods, but I only left one bonnet—they said mamma was ill, and the young ladies were out—the next day Matthews came with two young ladies—they said the bonnet I had left did not suit, and they ordered three bonnets, and a hat and feathers, and some mantles, to be sent on approbation—I took those goods on 29th Sept.—they were taken in by Miss Walker, at I thought—I left three bonnets, one mantle, and a hat and feather—I was not paid anything—I did not go to the house again, but the next day we sent the porter, who went with me at first—the value of the goods altogether was 4l. 10s.
Cross-examined by MR. LAWRENCE. Q. On the first occasion Walker came in a chaise? A. Yes; I was in the shop—it is not a very long shop—I was in the front part of it—I saw Walker sitting in the chaise—I had not seen him before—I saw him the evening I was at the house—I am quite certain that the gentleman I saw in the chaise was the same I saw in the room.
Matthews. Q. When I came into your shop you say I ordered a bonnet and mantle? A. You ordered mourning goods—you said you did not know what they were to consist of, but mourning goods, to be sent to Hackney.
HANNAH FISHER . I am in the employ of Mr. Watkins. I recollect the day on which my master and the last witness went to the police-court for the first time—I believe it was on the 4th Nov., but I am not certain—on that evening the prisoner Buckle came to our shop to inquire if a parcel had been left there for Mr. Walker, of Hackney—I told her I thought not—she said she thought Mr. Watkins had sent some bonnets to Mr. Walker some time before—I did not say anything to that, and she went away.
PHILIP KIRK . I know the prisoner Walker, and have seen him write—I believe this letter to be the same handwriting as letters I have received purporting to be from him—I knew him by the name of Hemsley—(letter read—"3, Elizabeth-place, Stockwell-green. Gentlemen,—Being about to open the above premises, I am in want of an assortment of goods, on the usual terms. Have the goodness to call on Mr. Stanley, Southwark Bridge-road. I will call on you some time to-morrow, and select the goods. John Whitchead.")
JONATHAN EDWARD WARD re-examined. I went to the place mentioned—I asked for Stanley, and saw a person who represented himself to be Stanley—he is not here—I returned, and said the reference to Stanley was quite satisfactory for all ordinary trade purposes—shortly afterwards a short stout gentleman came to our house in a very off-hand manner, and commenced selecting goods—after he bad selected a portion of the goods, he wished me to look out the remainder—I selected them in consequence of what he said to me, and they were taken to No. 3, Elizabeth-place, Stockwell-green—I believe I saw the prisoner Walker at that house; the goods were left there, amounting to 37l. 9s. 8d.—not a shilling has been paid for them—I have applied to that place, and saw a person there—I am not prepared to tell who was living in that house—the goods were sent in on 5th Sept.; I did not apply for payment till after the 20th—I then went and saw a person there—I applied again on the Saturday night afterwards, in consequence of a promise that the money should be paid—on that Saturday I saw a woman, and on the
Monday morning afterwards I found the house shut up—I went again to Mr. Stanley, and found him at home—I do not know what has become of him—I am told he absconded shortly afterwards.
JOHN HENRY TAYLOR . I am an architect, and live at Hornsey. I knew nothing of the prisoner Walker till he called on me, about the 7th or 8th Oct.—he introduced himself to me by the name of Burdett—he came about taking a house that I am owner of, in Loughborough-road—I agreed to let him have it for three years certain, at 44l. a year rent—he voluntarily offered me a reference—he said he was with his friend Mr. Simmonds, to whom he referred me, at No. 9, Angel-terrace, Islington—I went there, and saw the prisoner Matthews—I asked him about Burdett; I said he represented himself as a respectable man, desirous to come to reside in London; he was coming from Colchester or Chelmsford, and he described himself as a surgical-instrument maker—he said he considered him a good tenant, very punctual in paying his rent; and if I did not go for the rent the day after quarter-day, he would be sure to be after me.
Cross-examined by MR. LAWRENCE. Q. Had you ever seen Mr. Burdett before? A. No; he referred me to this place, and I went: and while I was with the person to whom he referred me at the close of the conversation, Burdett himself came there, and Matthews, who represented Simmonds, said he had better retire—this is Mr. Burdett.
WILLIAM DUNKLEY . I am an undertaker, and live in Tower-street, Westminster-road. Laws was in my service nearly three years, by the name of Frederick Dewhurst—I know his brother, this man, Matthews—he was in the habit of visiting Frederick Dewhurst.
Matthews. It is not true about my calling to see my brother; he it not my brother; you called to see him, and came to ask where he was.
Laws. Q. What time did I leave you? A. I have your own writing—here you sign your name Frederick Dewhurst.
HENRY FRANCIS (policeman, N 227). In consequence of instructions I had, I went to No. 10, Grove-terrace, Loughborough-road, Brixton, on 4th Nov.—I saw all the male prisoners there—the first I saw was Williams, standing on the stairs—I told him he was charged with obtaining bonnets and mantles from Mr. Watkins, in Shoreditch—he went up-stairs and brought down certain bonnets and a mantle, and a hat and feathers; and he said, "Do you think we can square it?"—I said, "You must come to Mr. "Watkins, and see" (these goods have been shown to Miss Soul, and they are Mr. Watkins's property) I then saw Laws—I asked him for a whip; he gave me a piece of one—I said, "This is not the one I want, I want one that you got from Blackfriars-road"—he said, "You can't have it; we have pawned it"—I said, "I want the duplicate"—he said, "Yon can't have it; it is not here"—I then saw Stainbridge coming up the kitchen stairs, with his coat on his arm; and Walker came up behind him in his trowsers and shirt, no coat or waistcoat on—Matthews was the first that was taken—he. was in the chaise driving Miss Walker; he was taken into the house—the chaise was shown to Mr. Dressy, and identified by him—the horse and harness were shown to Mr. Heard and Mr. Chippett, and identified as their property—I did not see Buckle in the house then—I saw her there in the evening of 5th Nov., apparently having charge of the children, which I believe to be Walker's children—the police continued in possession of the house till the sale, and Buckle continued there—these letters (looking at them) I gave to Mr. Lewis; they were brought to the house, directed to "Mr. Burdett,"—" Burdett, Esq.," and "the Rev. Mr. Burdett"—I found some duplicates in a box in the front room up-stairs.
Cross-examined by MR. LAWRENCE. Q. You saw the male prisoner there; you did not know their names then; how do you describe them now by their names? A. They gave their names when they were taken to the station—I had a knowledge of two or three of their faces—I heard that Stainbridge was a carpenter—these letters came to the house—I and another officer were there occasionally.
Cross-examined by MR. ROBINSON. Q. Did you hear Mrs. Buckle say that she did not know Penton-street? A. Yes; I have been to Penton-street—a person was living at the house who gave the name of Mrs. Bennett—I believe she is Walker's sister.
Williams. Q. Who opened the door to you? A. I think one of Walker's daughters—I believe I entered the house first—my brother officer was at the back, and I was at the front.
RICHARD CLARK (policeman, N 223). I went to the house with the last witness, and assisted in taking the five male prisoners, they all appeared to be living in the house—I found eighteen duplicates on the prisoner Laws—I and the last witness took possession of the house—there were in it chairs and tables, and stools, bedding, carpets and carpenters' tools—the two parlours were carpeted—I saw some calico and linen, and five bags of molasses.
Cross-examined by MR. LAWRENCE. Q. These were such pieces of linen as you see in shop-windows? A. Yes; they were not packed up.
Williams. Q. Where did you first see me? A. You came to the back-door.
THOMAS TAYLOR . I am a painter and glazier, and live in Nelson-street, City-road. I knew Buckle while I was at work at 9, Angel-terrace, Islington—that is the house Mr. Elwall let to a person named Simmonds—Mr. Elwall employed me to work there, and Buckle was living there about the last three days—I did not know her name.
Cross-examined by MR. ROBINSON. Q. Were you before the Magistrate? A. No; I went to Worship-street, and somebody told Mr. Elwall that I was there—I was summoned here one day last week—the servant used to come and let me in in the morning, and soon after Mrs. Buckle came down-stairs—I was at work on the stairs—it must have been about 30th Sept., or a day or two afterwards.
WILLIAM SMITH . I am a pawnbroker, and live in Clark's-place, High-street, Islington. I took this saddle in pawn on 6th Oct.—I cannot positively say who brought it, it was pawned in the name of Simmonds, 9, Angel-terrace—it has since been shown to Mr. Chippett.
JAMES GRAHAM LEWIS . I am the attorney for this prosecution. On the first examination of the prisoners, I received three letters from the officer Francis, addressed to "Mr. Burdett," "Burdett, Esq.," and "the Rev. Mr. Burdett"—the letters were sealed, and on handing them to the Magistrate, Burdett objected to any letter being opened, and threatened an action to whoever should open them—the Magistrate directed them to be opened, and they were read—on the next examination certain other letters were produced by the officer directed to the Rev. Mr. Burdett, and Charles Burdett, Esq.—I wrote other letters and posted them, and in reply I received these other letters and some enclosures—one letter I received from Leek, in Stafford shire, had this enclosure, one from Manchester had this enclosure, two from Dublin had these two enclosures—one from Halifax had this letter enclosed, another from Manchester enclosed this letter—I also produce these papers—I wrote to the persons from whom these letters came, which were addressed to Burdett.
MR. KIRK re-examined. I believe these letters to be the hand-writing of Walker—I believe they are the same hand-writing as a letter I received from Walker, who represented himself to me as Joseph Hemsley.—these other two letters I should say are the same writing.
Cross-examined by MR. LAWRENCE. Q. Look at these other three letters; do you believe these to be the same hand-writing? A. I believe they are disguised—I have not known Walker or Hemsley since 1849—it was then I received a letter from him—I have that letter here—I believe these letters to be the same writing—I am not in the habit of disguising my hand-writing—I think this other letter is his hand" Writing.
William's Defence. I went to Walker's house, and the police came and called for Walker; I went up-stairs with them; they said they wanted some bonnets; Mrs. Walker wanted to know who would take them; I said I would; I carried them; I was taken to the Hackney station, and locked up; I can prove I had no connection with the prisoners; I had been only out of confinement five or six days; I was in Giltspur-street Computer from the July till 29th Oct.
(A messenger was sent to Giltspur-street, and after the Deputy-Governor had spoken to MR. PARNELL, he withdrew William's case from the Jury.)
Laws's Defence. I was in the employ of my master till 27th Sept., therefore I could not be connected with these things.
(Buckley received a good character.)
MATTHEWS— GUILTY . Aged 23.— Confined Six Months.
WALKER— GUILTY . Aged 50.— Confined Eighteen Months.
STAINBRIDGE— GUILTY . Aged 26.— Confined Six Months.
BUCKLEY— GUILTY . Aged 55,— Confined Four Months.
WILLIAMS and LAWS.
NOT GUILTY .
(There was another indictment against Laws; for which see Surrey Cases, page 220.)
Before Mr. Common Serjeant.
GUILTY . Aged— confined Four Months.
GUILTY . Aged 34.— Confined Four Months.
GUILTY . Aged 15.— Confined Six Months.
Before Mr. Recorder.
MR. CHARNOCK conducted the Prosecution.
ELLEN HANDCOCK . I am the wife of Thomas Handcock, who keeps the Cricketers beer-shop at Woolwich. On 1st Dec. about half-past 11, or 12 o'clock, the prisoner came to the bar alone for a glass of half-and-half—he was served in my presence—a short time after another young man came in—he said, "Halloo!" and called the prisoner by some name, I think it was Bill—the other man had a glass of ale—in two minutes afterwards, two others came in—they spoke to the prisoner, and the other—they were all talking together; they appeared to know one another—the prisoner then asked if I would allow him to wash himself—I said, Yes, and took him into the kitchen, which is about twenty feet from the bar—I left no one in the bar, but the three other persons in front of the bar—I showed the prisoner where to wash himself—I came back to the bar, and one of the last two that came in asked me if I sold peppermint—I said, I did not—they then said, "What is that in that cask on the bar?"—I said, it was spruce—they said, they would have 2d. worth—it was what is called Dantzic spruce—I served them with half-a-quartern—they then asked for some hot water—spruce is generally taken with water—I had a fire-place in the bar, but I had no water there—I went to the kitchen to get the water—the prisoner was still washing—I brought the water to the bar, and it was put with the spruce—they said it was too strong, and I must get more water—I went to get more, and when I came back the one that said it was too strong was gone—that excited my attention, and I put the glass on the bar, and went in the bar parlour, and the cash-box was gone—I had seen it there when I first went for the water—when I went in the bar-parlour I had left two standing at the bar, but before I could turn round they were gone—they did not give me a chance to say anything to them—I went to the door, and came back, and called to a person who was in my kitchen—I said, "They have stolen the cash-box"—the prisoner could hear that very well, and he came up the passage and said, "I will run after them"—I said, "No, you won't"—the person that I called took hold of him by the shoulder—and I went to the door to keep it shut—the prisoner got from the person who had hold of him, in a violent manner—he came to the door and pushed me on one side—he did not hurt me much, but he got out and I could not prevent it—I did not go out, but my husband was coming along and he saw the prisoner go out of the house—there were plenty of people very soon round—there was 7l. 3s. 6d. in the cash-box—I have never seen it since.
COURT. Q. Where had the box stood? A. In the bar parlour on the window-ledge—any one at the bar could see it over the curtain—it was a japanned box—they must have gone in the parlour to get it.
HENRY SPENCER . I live in Levy's-cottages, Charlton. On 1st Dec. about 5 minutes before 12 o'clock, I was coming from the dockyard, and heard a cry of, "Stop thief! he has run away with a woman's cash-box!"—I saw the prisoner running along as fast as he could—he came up to me—I told him to stop—he made a stop, and crossed the road, and went under the rails of the footpath—I ran round, and held him till Mr. Handcock came—the prisoner said it was a gallows shame to stop him, he had not stolen anything—I said, "If you have not stolen anything, why did you run away?"—he made no answer.
THOMAS HANDCOCK . I am the husband of Ellen Handcock. I was returning home to dinner on 1st Dec, about 12 o'clock—I saw the prisoner come out of my door, and run as fast as he could—I did not know what had occurred—I went to my own door, my wife told me, and I followed the prisoner—I sung "Stop thief!" and the witness stopped him till I came up.
JOSEPH WILLIAM CLOTHIER . I live in Sand-street, Woolwich, and am a baker. On 1st Dec. I saw the prisoner and three other persons about a quarter past 10 o'clock at the left-hand window of my shop in Sand-street, which is about seventy yards from Mr. Handcock's—I was in my shop—they were all four conversing together—I thought they were making some observations about the train—I went into the Cricketers the same day about a quarter past 11, and saw the same four men at the bar—they bad a glass of ale at the bar—soon afterwards I heard of the robbery.
Cross-examined by Mr. PAYNE. Q. Is it unusual for persons to stand talking? A. No—I was standing in my shop to serve any persons who came in—I know the prisoner was one of the four—if I had not seen him again, I should not have known him, but seeing him in the Cricketers so-soon afterwards, I was sure it was him—I did not take much notice of him the first time—their sides were towards me—they were looking up Sand-street—I saw them four or five minutes, and then I went into the bakehouse.
ALFRED WRIGHT (policeman, R 301). I took the prisoner about 12 o'clock on 1st Dec. from Mr. Hand cock.—I told the prisoner he was charged with stealing a cash-box—he said he was innocent—he said his name was Thomas Watson, and he gave his address at the station, 5, Bath-street, Victoria-park—he afterwards changed his name to William Lewis—I went to look for 5, Bath-street, but I could not find any such place—I inquired all round the park, and could find no such place—I could not find any Thomas Watson or William Lewis known.
Cross-examined. Q. Is there not a Bath-street leading from Shoreditch Church to Hackney? A. Yes. I went there—I should say that is more than a mile from Victoria-park—the street you mention is on the right-hand side from Shoreditch Church, half a mile up the Hackney-road—what he said was 5, Bath-street, Victoria-park; he did not say, leading to Victoria-park—I went to four different No. 5'g in the same street—I asked for Thomas Watson, or William Lewis—he said his friends lived at Bath-street, I could not find any—I did not inquire of a person named Johnson.
NOT GUILTY .
MR. CAARTEEN conducted the Prosecution,
SARAH ELIZABETH ANN SANDFORD . I am the prisoner's wife. I had lived with him between Stonehouse and Hastings—I had left that place and came to town—I took a room at Mr. Wickers, 7 Straits-mouth, Greenwich—I had lived there two or three weeks before 26th Nov.—I lived with a man there—on 26th Nov., between 12 and 1 o'clock, I came from my own room into Mr. Wickers' shop—while I was there my husband came in—I had not seen him from the time I had left Hastings—when he came in he said, "Here you are, are you, you b w?"—I said, "Don't make a noise here, let's go up-stairs and talk"—I went up-stairs, and my husband followed me into my room, the back room on the first floor—when he got in, he locked the door, took me round the waist and threw roe down, and bit a piece off my nose while I was on the ground—he then said he would serve me out for what I had done—he pulled me up by the hair of my head—he hurt me by pulling me up—he pulled me up altogether, by one hand—he took the poker from the fireplace, and gave me six blows across the head with it—he cut my head in six places—I tried to get out of the door—I did
not scream out at first: I did at the last blow—the blows were in succession, one after the other—while I was trying to unlock the door, he kept giving me blows with the poker across my legs—he had said, while he was hitting me on my back, that he would break my legs—he hit me on the back after he had fait me on the head and before he hit me on the legs—I managed to get out of the room, for the lock was only put on temporarily, and I broke it off by force—I ran down-stairs and into the next house, and out into the yard—there is a fence in the yard—I do not think I got quite over the fence—that fence is adjoining to a lane—my head was bleeding—I saw a police-man, and he took me into Mr. Wickers' kitchen—the doctor was sent for, and he examined my wounds—my husband was sober—I had not struck him at all before he threw me down, I had not any chance to do it—I had not taken up the poker before he struck me with it.
Cross-examined by MR. LILLEY. Q. Had you a child by the prisoner? A. Yes; I had taken that child with me; the prisoner was fond of the child—another man was living with me at that time—that was not the first time I had left my husband's home—I had left it before with another man while I was in the country—that was the only man in the country with whom I went away from my husband—there was not another man with whom I went from home—the name of the man in the country was Daniel; we called him Dan—when my husband and I first went up-stairs at Mr. Wickers', there was nothing said about Dan—I did not at any time on that occasion say anything about Dan—I did not say that I preferred Dan—there was nothing said about the man with whom I was then living—on my oath, I did not say anything about Banks, the man with whom I was then living—the prisoner did not ask to see his child—the child was out; a person had got it at her house—I am not certain how long I remained away from my husband the first time in the country; a week, I think—I did not return to him, he came after me, and fetched me home; he consented to receive me—my conduct on this occasion was perfectly quiet—there was no struggle on my part, no further than to get off the floor—I said nothing while I was on the floor, only wished him not to do it—I am certain I said nothing about Dan or Banks while I was on the floor—I did not go to the fireplace—I did not struggle with the prisoner—I kept the blows off as well as I could—the doctor said there were six blows on my head—I can undertake to say, from having counted them at the time, that they were exactly six—the prisoner struck my legs while I was endeavouring to open the door—after he had struck my legs I opened the door, and ran down stairs—he did not pursue me—I never saw him afterwards till he was taken, while they were dressing my head—I was in a state of great excitement and alarm, but I will undertake to say that the prisoner did not ask me about his child, and that he did not ask me anything whatever about Banks or Dan.
MR. CAARTEEN. Q. You left your husband twice; why did you leave him? A. For his ill usage; he was such a desperate temper; he was always knocking me about—he was in the habit of beating me—he never came home but he was in an ill temper—if I said anything to him, he always knocked me down—I think my child is about a year and a half old; she was put out to Mrs. Banks—I do not know much of her, but she and her husband wished to have the child, as she was so amusing—they had no children of their own.
COURT. Q. Was this Mrs. Banks who had the child anything to the Banks you lived with? A. She is his sister-in-law—the child was not Banks's child—I had left my husband, and was living with Banks about three
weeks—I had another child, which it between six and seven years old; that is the prisoner's child—I had left that with him—I hare been married to the prisoner nine years—it is very nearly twelve months ago since I left with Dan—it was after the birth of the last child.
THOMAS WICKERS . I am a fruiterer, and live at No. 7, Straits-mouth, Greenwich. Mrs. Sandford came to lodge with roe on 13th Nov.—she had a back room on the first floor—she remained with me till the 26th Nov.—she did not give any name—a woman came with him, and a child in her arms—on 26th Nov., at a little after 11 o'clock, I was in my shop tying wood—Mrs. Sandford came down to fling out some water—she sat down in my shop, close to the door—in a few minutes the prisoner came to the door—he said, "There you are; I have found you, you b—w—"—he turned to me and said, "You harbour a b—w, my wife"—she said, "Don't make a noise here, come up stairs"—she went up, and he went after her—after they had been up a short time I heard a rumbling, and a noise, and "Murder!" cried—it was the voice of a woman—I ran up-stairs, and the door was fast; I could not get in—I tried the door, and could not get in; I heard like fighting—I ran down stairs, and in out a»d got a policeman—I returned with him to my house—by the time I got back, the woman had made her escape into the next door—the policeman fetehed her into my house; her hair was down, and she was blood from top to bottom—her dress was all over blood entirely—I sent for the doctor, and he came.
Cross-examined. Q. You heard like righting in the room? A. Yes; I heard a rumpling. and running from one place to another—I heard blows—I could not tell that it was with a poker.
JAMES BOWEN (policeman, R 142). On Wednesday morning, 26th Nov., I was on duty at Straits-mouth,-Greenwich—I went with a woman to a beer shop—when I got there the prisoner came out—he was pointed out to me, and I took him into custody—his left hand was covered with blood—I said to him, "You are charged with assaulting your wife with a poker"—he said, "I have done so, and enough to make me; she has sold me out of house and home, and is living with another man"—he said, "I will go with you anywhere"—I took him to Mr. Wickers, and saw his wife there—her face was covered with blood.
Cross-examined. Q. I believe the prisoner was in a state of great excitement? A. Yes.
WILLIAM STURTON . I am a surgeon, and live in Nelson-street, Greenwich. I was sent for to Mr. Wickers' on 26th Nov.—I examined Mrs. Sandford's head;—it was covered with blood; and on cleansing it, and washing the blood away, I found two wounds on the fore part of the head, and two on the hinder part—they were cut wounds, and were bleeding—one of them was large, about two inches long; one a very small one, and the other two a middling size—the long wound was on the fore part; it was not very deep—the wounds had been inflicted with a blunt instrument—I think they could have been inflicted with a poker—her left eye was bruised, from a blow of some sort—a small portion of the tip of her nose was bitten or torn off—I think that had ceased bleeding—it was a flesh wound—the wounds on the head were ordinary flesh wounds—flesh wounds are not dangerous under ordinary circumstances,, but they might become so from what might happen afterwards—there were marks of bruises on both her legs—I could not tell with what they had been inflicted—they appeared to have been recently done—there were several bruises on both legs, near the shins—perhaps the largest was about the size of a half-crown—they were the result of severe blows near the
middle of the leg—I dressed the wounds, and attended her for a fortnight—she is now quite well in health, but the nose is not well—there will always be a mark there—a piece about the size of a horse-bean is gone—a bite would certainly have inflicted that injury.
Cross-examined. Q. Would a fall do it? A. No; there will always be a scar or a mark on the nose—it will always be observed—some part of it has been made good, and it may be made better—the wounds on the head were flesh wounds; the smallest was about half an inch—there were no particular circumstances in this case to make them dangerous—the bruises on the legs were numerous, but not large—a small wound might produce a large flow of blood.
MR. CAARTEEN. Q. You say two wounds were on the front part of the bead? A. Yes, a little in front of the ear; the two wounds behind were covered with hair—I had to cut away a great deal of her hair—the blood all came from the wounds on the head—they were all bleeding, but they left off when they had been dressed.
Prisoner. She left me three times; a man that she lived with at Ryde bad to go to prison for two months for beating me; I never ill-used her in my life; when I came here I asked her if she lived here; she said, "Yes," and it put me in such a passion that I knocked her down; whether she took the poker first, or I did, I do not know; I wanted my child, I did not want such a wife as that; the eldest child I left at home; it is between five and six years old.
(The prisoner received a good character.)
GUILTY of unlawfully Wounding . Aged 32.— Confined Twelve Months.
Before Mr. Common Serjeant.
GUILTY . Aged 22.— Confined Twelve Months.
Before Russell Gurney, Esq.
130. MARY TAYLOR , stealing 2 tubs, value 4s. 6d.; the goods of Richard Ellis: also. 1 milk-can, value 3s.; the goods of Joseph Ridmond: also. 1 tub, value 4s.; the goods of John Rathbone. 2nd COUNT, receiving the same: she pleaded
>GUILTY to the 2nd Count . Aged 36.— Confined Three Months.
Before Mr. Common Serjeant.
131. GEORGE REID, JOHN JOSEPH HAMILTON , and CHARLES CLIFFORD , burglariously breaking and entering the dwelling-house of Andrew Carpenter, and stealing the sum of 9l. 12s., 1 pair of boots, 2lbs. weight of tea, and other articles, value 1l. 13s. 2d., and four orders for payment, together of 60l. 7s.; the property of the said Andrew Carpenter: Reid having been before convicted. They were each further charged in three separate Counts with feloniously receiving the said property, &c:.
REID pleaded Guilty to the receiving, and the former conviction.
MR. ROBINSON conducted the Prosecution.
On Friday night, 28th Nov., I went to bed about 11 o'clock, leaving everything secure—the skylight was closed and fastened down by its own weight—I came down next morning about half-past 7 (my servant Susan Cooper
had been down before that), and missed all the money from two tills—there was about from 10s. to 15s. in halfpence, and between 1l. and 2l. in silver—I missed a bunch of keys from my desk, and a cash-box containing 9l. in gold, and some checks for various amounts—there was one for 44l., and two others for 5l. each—the desk had not been locked—I had seen the cash-box safe about 10 the night before—I found that a butter-tub under the skylight had been removed, which would be necessary for any one to get in that way—the policeman, Carpenter, came and examined the place—on the roof we found a dark-lantern, and the tub which had been removed was passed on to the next house—I also lost a pair of Wellington boots—these (produced) are them, and this is the cash-box (produced)—I next saw it on 2nd Dec.—I have not got the money back—I missed some tea, and a quantity was found strewn about on the ground—this (produced) is of the same quality, but I cannot identify it; the canister is mine—I missed three pieces of citron, and there is a portion of one produced—I know I had a battered penny, but I cannot swear that the one produced is it—my house is in the parish of St.
Cross-examined by MR. CHARNOCK. Q. I suppose you have a great many battered pennies passed at your shop? A. Not many; occasionally—I know the cash-box by its general appearance, and the key fitting it—the keys have been found—there is nothing remarkable about the canister, there may be millions of them—I have had the cash-box sixteen years.
JOHN CARPENTER (police-sergeant, R 38). On 29th Nov. I received information from the prosecutor, and examined the premises—I found the darklantern directly outside the skylight, and there were marks just inside the window on a board where there had been dust, as if a person had gone in over that board—in consequence of information, I watched the house, 1, Vicarage-terrace, Church-passage, Greenwich, for two nights and two days—during that time I saw all the three prisoners there repeatedly—I saw Hamilton and Clifford go out and in a great many times—I saw Clifford come out, and turn round, and look about apparently to see if he was watched—on the night of 3rd Dec, about 2 o'clock in the morning, he came out, and was looking about again—about 10 the same morning, the 4th, he came out again with Reid, and I and another constable followed them to the corner of the Greenwich-road, which is the nearest point to the police-station—I got assistance and apprehended them—Reid asked me what I wanted of him—I said, "If you will come across the road I will tell you"—across the road was the police-station, where I took him and told him he was charged with a burglary in the house of Mr. Carpenter, a cheesemonger and tea-dealer, in London-street, Greenwich,—he said, "I know nothing at all about it, you are mistaken, I had nothing at all to do with it"—Clifford was there and heard what passed—I said, "Well, if you had nothing to do with that, you are also charged with being an escaped convict"—I searched him, and in his pocket I found a pistol percussion cap, a sixpence, four pence, a handkerchief, and a ring—I asked where he lived, and he refused to give any address—I then went to 1, Vicarage-terrace, where I had seen them leave—the door was opened by the prisoner Hamilton's wife, and I told Hamilton, who was there, that he was charged with being concerned with his father-in-law, and a person named Clifford-Reid is the father of Clifford, and also of Hamilton's wife-Clifford's and Reid's real name is Cuss ell; I only know that by inquiry-Hamilton said, "I am innocent of anything that has occurred; it was my father who broke into the house and not me; I was in bed at the time it was done"—he said, "I will tell you all I know about it; it was my father and brother and not me; I know
nothing about it"—and he said his brother had been drawn into it by the father—I said, in the presence of Hamilton and his wife, "I am looking for a cash-box and some checks,' and I know you have them in this house"—the wife said, "The cash-box is in the house, but the checks have been destroyed, we persuaded father to send them back, but they were burned"—on the parlour side-board I found this pistol (produced)—it was then loaded with powder, ball, and cap—I have discharged it, this is the bullet (produced)—I also found a dozen nutmegs—I went up-stairs, Hamilton and his wife going with me, the wife saying, "I will show you where everything is that is in the house," and she produced from a cupboard in Hamilton's bed-room this canister of tea, and also a bundle of tea which I have put into the canister—I found some citron in the same cupboard—in an adjoining room, used as a parlour, I found the box and keys, and on the side-board this other pistol loaded with powder, ball, and cap (produced)—in a little mahogany box, used as a money-box, I found these farthings and halfpence and some foreign coin (produced)—I afterwards went into the kitchen, and in a chest which Hamilton unlocked for roe, I found these percussion-caps, a bag of bullets, and a mould (produced). and this box of gunpowder in another room—the bullets correspond with those I took from the pistols, and the caps are of exactly the same description and quality, and also the same as the one I found in Reid's pocket—I also found some papers relating to the prisoner Reid.
Cross-examined by MR. CHARNOCK. Q. How long have you known Hamilton? A. Only from 2nd to 4th—I have made inquiries about him, the result of which is that he has been a most respectable man up to the present time—I have prosecuted those inquiries with my usual vigilance—he has three children by Reid's daughter—Reid lived in the house also—I know he had slept there two nights—I never saw him out of it before I took him—Hamilton and his wife gave me every information in their power.
SUSAN COOPSR . I am the prosecutor's servant. On this morning I got up at a little before 6 o'clock—I did not miss anything—I am sure no person either entered or went out of the house from the time I got up till Mr. Carpenter came down at half-past 7.
JAMES WILLIAM CROUCH (policeman, R 118). I was with Carpenter when he took Reid, I took Clifford, and told him he must go with me to the station—he said, "What for?"—I said I would tell him when I got there—when we got there he asked what I wanted with him—I told him he was charged with being concerned with this man, pointing to Reid, in breaking into Mr. Carpenter's shop, and robbing him—he said he knew nothing about it—I asked him what that man's name was, pointing to Reid, he said he did not know; be knew nothing of him—he gave his own name as Gabriel Cussell, and afterwards said his name was Charles Clifford—I do not know his real name; he is a stranger to me—I searched him, and found one half-crown, a sixpence, two pence, one halfpenny, and two farthings—this is one of the pennies (produced)—I went to the house, and in the back-parlour found a pair of Wellington boots and a receipt stamp, and up stairs I found a bag containing six sovereigns, one half-sovereign, and a two-shilling piece.
JOHN ROBERTS (a boy). I mm shopman to Mr. Carpenter. I swear to this penny-piece having been in Mr. Carpenter's shop—I had laid it aside with other battered money—we had had it several weeks—I recognised it when the police brought it on 4th Dec., six days after the robbery.
Cross-examined. Q. What do you swear to it by? A. Its general appearance; I would swear to peas by their general appearance, or coffin-nails, or beans—I was never a witness before—I cannot say how many battered pieces we have—I cannot describe any other one.
GEORGE SHERWOOD HUDSON . I live in Church-street, Greenwich; the house, 1, Vicarage-terrace, is mine. At the end of Oct. or beginning of Nov., in consequence of what my son told me, I went to Cross-street, Bethnal-green, respecting the letting of the house—I there saw Reid, Hamilton, and his wife—I told them, in consequence of their calling at my house the day before, I understood they wanted the house, and I had called to know if it suited, and likewise for a reference—they said it would suit them, the wife showed me their present rent-book, which was well paid up, and the father said he had just come home from tea in the Poictiers—a few days afterwards they called on me, gave me a deposit, and in a few days after that Reid called for the key—about a fortnight afterwards Hamilton called on me about some taxes that bad been called for—I afterwards called at the house, and saw somebody sitting at the fire who may have been Clifford, but I cannot undertake to swear it was him.
Cross-examined. Q. Who paid the deposit? A. Hamilton's wife; but they were all present—they paid me 2l. 12s. 6d.—I understood Hamilton's master was a tripe-dresser, but I did not go to him—Hamilton was to take the house—Reid called for the key, and I never saw him afterwards—the house has six rooms; the rent is 16l. a year.
Clifford's Defence. My sister came and asked me to mind the place while they went out, and she gave me that penny to get some beer with; they did not come home till late, and then asked me to stop that night; next morning my father said he was going to London, and I went out with him; I was at home in bed at the time of the robbery.
(Hamilton received an excellent character.)
REID— GUILTY of Burglary . Aged 38.— Transported for Fourteen Years .
CLIFFORD— GUILTY of Burglary. Aged 20.—Recommended to mercy by the Prosecutor. — Confined Twelve Months .
HAMILTON— GUILTY of Receiving. Aged 29.—Strongly recommended to mercy by the Jury and Prosecutor. — Confined Three Months .
(MR. ROBINSON stated that Reid had once had sentence of death recorded against him, and had been twice transported for life, but had twice escaped and returned to this country in Oct.; he also stated that the police-constable, Carpenter, was 2l. out of pocket by the expenses incurred in taking the prisoners, and had risked great danger in their apprehension. The Court ordered a reward of 5l. to be paid to Carpenter.)
GUILTY . Aged 26.— Confined Two Months.
Before Mr. Justice Wight man.
NOT GUILTY .
MR. BIRNIE conducted the Prosecution.
CHARLOTTE DICKENSON . I am unmarried, and reside with my sister, Mrs. Cowling, at 3, Asylum-road, Old Kent-road. She is a widow, and is the tenant of the house—at the time this happened the prisoner had lived there about a fortnight as servant—on Saturday morning, 6th Dec. I awoke, and went to the prisoner's door about 7 o'clock—the door was ajar—she was not up—I called her; she answered me, "Yes, ma'am, I will get up"—I then went to my bedroom—it was a very cold morning, and was very dark—in a quarter of an hour or twenty-five minutes she came up to my bedroom, and said, "Ma'am, I wish you would come down to see the back parlour table-cover, there is something the matter with it" in a very strange way—I was then in bed—I said, "What can the matter be? has any one been in the house?"—I went down, and looked at the table-cover—it was a cotton plaid, and was not quite half burnt—the embers were warm and smelt very fresh—the table was warm, the tinder was warm—I took it up in my hand this is the table-cover (produced)—I immediately went up to Mrs. Cowling's door, and awoke her—she accompanied me down stairs to see the cloth—in the prisoners presence Mrs. Cowling said, "You did it"—she said, "Me, ma'am! how could I?"—we then went up stairs to dress, and while we were dressing, the prisoner came again to me, and said, "Do, ma'am, come down, and look at the front parlour; it is in a dreadful state"—we had not seen the front parlour when we were down before; the folding doors were shut—I went to Mrs. Cowling, we both went down together, and the prisoner followed—we opened one folding door, and could not see for smoke, except that there was a fire under the piano—I saw the valens of the curtains broken in two, and in the fire, and the whole of the curtain in ashes, except one breadth—there bad been twenty-two yards in the curtain—it was more, woollen stuff—I saw all my music-books burnt, also the portfolios of loose music—all my music was burnt, except one thin bound book—I folded the rug in two or three pieces, and put it on the fire on the floor, under the pianoforte—I found these matches on the floor, and some in the middle of the floor in the front parlour—the carpet was burnt where the ashes of the curtain had fallen—Mrs. Cowling, myself, and a little girl between eight and nine yew old, were in the house—I found the house as I had left it the night before—the fire was in two places, perfectly distinct from each other—the front and back parlour windows are twenty-seven feet from each other—when the fire had subsided, I found one of the boards under the pianoforte was burnt—there was no hollow burnt in it, but it was all black, and the carpet was burnt.
Prisoner. I did not go up stairs the second time; I called from the bottom of the stairs. Witness. That is incorrect, you came up twice—I should not have heard you, nor should I have come down if you had called.
ANN MARY COWLING . I am the sister of the last witness. On 6th Dec. I was called up by her, and went down into the back parlour, and saw the table-cover burnt across and all round to the edge of the table—I said to the
prisoner, who was in the room, "You did it"—she said, "Me, ma'am! how could I do it?"—I went up to dress myself, and was summoned down again—I opened the folding-doors, and could not go into the room for smoke, it hurt my eyes—I made my way to the window, and opened it—I saw embers under the piano, and trod on them—the music-books were on fire—the curtains were all consumed—they would not blaze, but they smothered away—the prisoner began to clear them away with a great deal of unconcern—I saw the rod burned—I had seen the house safe the night before—the prisoner had opened the shutters that morning—I had not been in the front parlour the night before, nor had my sister—the prisoner seemed indifferent about it—she was neither alarmed nor confused—there was no fire lighted in either of the rooms—it was between half-past 7 and 8 o'clock—after breakfast I said to the prisoner, "You must go," or "You must leave me"—she said, "Very well"—she then made the beds, and went into her own room, and made her bed—I followed her, and opened her room door—she said, "Will you look over my things, ma'am?"—I said, "I am not particular about that, but you may count them into your box as I stand here"—I told her I was going to pay her wages, and took out my purse, but I thought I would not till I spoke to a neighbour—I said, "No, you will not go yet," and left her in her room, telling her to tie up her boxes, and bring them down into the hall—my sister went for a friend, who came, and said in the prisoner's presence, I should do wrong to dismiss her without having a policeman—I sent for a policeman, and gave her in charge—I had not said to her, or anybody in her presence, before the policeman came, that I was going to send her away without her wages, or that it was my intention to stop the amount of damage out of her wages—I never thought of such a thing—she is seventeen years old, her grandmother says.
Prisoner. You told me you would not pay me my wages, and I told you I would not go without. Witness. You did not object to go unless your wages were paid—you were very willing to go—you did not say the warning was very short—the lady next door is not here—I sent for the landlord—he came to see his house—he is not here—I do not know what he told you, I was not in the room—the landlord was there before the constable came—my sister fetched him, not the postman; it was the postman who fetched the policeman—I saw you after the landlord had questioned you in the back parlour—I saw you when you went out of the house, and gave you some good advice—the landlord said, "Let me take her into the back parlour, and speak to her, and see if I can get the truth out of her"—he returned, and said he could do nothing with you—I did not say to you in the hall, "You have been taken away safe enough."
JAMES OSBORNE (policeman). I was called by some man in the street about half-past 10 o'clock—I examined the house—under the piano, in the front parlour, a quantity of music books had been laid on the carpet, and lighted—they had burnt the carpet—I swept the ashes away, and examined the boards—they were burnt, but not the eighth of an inch through—it was quite as much as that in the centre—there was a hollow—the corner of the sofa next to the piano was completely burnt—the curtain on the other side of the window was partly burnt, and the sofa was burnt a little in the centre—the table-cover in the back room was burnt all round, and one corner was burnt sixteen or eighteen inches on the table—the table appeared to me as if it had had a red-hot poker or iron laid on it, and the cover was burnt at that part—next day I examined the house again, and found the curtains in the back parlour had been burnt, and also the cheffonier, which was not near
enough to the window to catch fire from the curtains—there was no connection between the two fires in the two rooms, nor between any two articles which were burned, unless it might have been between the sofa and the curtains—in my judgment, five distinct places had been set on fire in the two rooms.
Prisoner. Q. Did not Mrs. Cowling say to me, going out of the hall," He has got you now safe away?" A. I do not recollect anything of the sort.
(The prisoner's statement before the Magistrate was here read, as follows;—"When my mistress came down she told me. I might take my boxes and go; I said, 'No; that is very short warning;' she said she did not make soy agreement about warning, and therefore I should take my boxes and go; she said, 'You must know something about the fire;' I said I did not; she said, 'I am positive you do, and you shall go; I shall not pay you your wages, and that will pay for what is burnt; 'I said, 'If you think I have done anything, you bad better call some one in, and see whether I have done anything;' she said, 'Walk up-stairs, and get your boxes;' and I did; she came and looked over them; she called in the lady next door, and said she was going to send me away without paying my wages; I said I should not go without having them, and then she sent for a constable.
Prisoner's Defence. The mark on the tablecloth is where a shade candlestick stood. and Mrs. Dickenson said to me when she first came down, she thought it was her sister, in putting the candle out; Mrs. Dickenson told her of it, and she said directly, I had done it.
NOT GUILTY .
Before Mr. Baron Alderson.
MR. PLATT conducted the Prosecution.
JAMES THOMPSON . I am a builder, living at 24, Devonshire-street, New, ington-causeway. On Monday, 3rd Nov., about 12 o'clock at night, I was walking in the Borough-road, towards the Borough—when I got to South-wark-bridge-road I crossed to the right hand; as I crossed I saw a cab coming along the road towards the Borough; it was going very fast indeed, the horse was at the full gallop; there was a man on the box driving; he was whipping the horse as fast as he could, and the horse was galloping as fast as it could—I believe the driver was the prisoner, because I saw him afterwards in custody at the station—I saw a chaise coming in the opposite direction; it was on its proper side of the way—the cab was on the righthand side going down, that was its wrong side; the cab ran foul of the chaise, the left hand wheel of the cab caught the left wheel of the chaise, threw it down, and broke the shaft—I ran and caught hold of the horse's head—there were two gentlemen in the chaise—when I ran and caught bold of the horse's head, they had been thrown out, and were down underneath the horse and the chaise too; it was an open gig—I think the cab was about a yard from the kern when the accident happened—it went between the chaise and the kern, and the left wheel of the cab caught the right wheel of the gig—the cab was stopped, and Mr. Stagg gave the prisoner in charge—I think he and the two gentlemen had all bad something to drink, but they were not tipsy—the gig was going at a moderate pace; I should think about five or six miles an hour, the horse was only trotting—I told the prisoner when he was stopped that he ought to be ashamed of himself, for driving at such a rate as that—he said it was not his fault; it was the other parties that drove into him—it is all a straight road, and very wide—there was no other carriage
about at the time, except those two—there was a cab-stand just below—the prisoner gave his address at the station, and was let go—I heard the deceased say he thought his ribs were broken—I should think the cab was going at the rate of ten or eleven miles an hour.
Prisoner. Can you swear I am the man? A. Yes; I did not lose sight of the cab at all.
THOMAS WINGHAM . I am an oilman, in the Borough-road. About 12 o'clock on the night in question, I was standing at the north-west corner of the Southwark-bridge-road, and saw a cab going towards the Borough; it appeared to be going at a rate between nine and ten miles an hour, the horse wan galloping—I did not observe whether the cafe man was striking it or not—he was on his wrong side of the way—I cannot swear it was the prisoner—I heard a crash, and went to see what it was, and about 80 or 100 yards from where I was standing, I observed a gig lying in the middle of the road with the shafts broken—the horse was being held by the last witness, and near the kerb, on the wrong side, was the cab with the horse down—I went with the parties to the station—Mr. Stagg and the deceased were the parties who I understood were in the gig, and were thrown out—they stated, in the cabman's presence, that they were pitched out—he replied that they were on the wrong side of each other, and that in endeavouring to pass they were undecided, and so the collision occurred—the two parties in the gig appeared to me to be the worse for liquor, the cabman appeared as sober as he is now—he observed at the time, that he believed had the parties been sober they would have kept their course and allowed him to go past on the wrong side—I believe he said that he bad pulled on the wrong side, under a lamp—he was on his wrong side—I heard the deceased say at the station, that it was a lucky thing he had not broke his neck—that was in the prisoner's presence—he said something about his having been struck in the side, and he did not know but his ribs were broken—he did not complain of pain at the time.
THOMAS ELISHA LOUIS STAGG . I am a yeast and spirit-merchant; the deceased was my clerk—his name was Thomas Johnson—he was with me in my chaise—I was driving—I bad had about two glasses of gin during the evening—I was as sober as I am now, and quite as capable of taking care of myself and my horse—Johnson was quite sober—we got into the Borough-road—we were on the proper side close to the kerb—I observed a cab coming in the opposite direction at a pace of ten or eleven miles an hour—I saw it before it came up—the near shaft struck my horse on the near side, right below the arm; it has been laid up ever since—I was not nearer the kerb than he was, because he came inside me—I was put on the off-side by his coming—he was on the wrong side of the way—the collision broke both my shafts off and knocked my chaise down—Mr. Johnson and I were thrown out—he fell between the cab and the chaise—he told me he was very sore in his inside, but when I took him home he thought he was better—I do not think that he was drunk—he had had the same as I had, and I know I was not drunk—I should think there was ten clear yards of road on the other side of me, besides what I occupied—there was nothing as far as I could see to prevent the cab going in the proper direction—my horse was going at about five, or six miles an hour—that was the tiptop speed of it at that time—Mr. Johnson was 53 years old.
Prisoner. Q. You are a cab proprietor? A. I am; I did not say at the station that I made a sweat over the job—I have not made remarks about Mr. Johnson's having nine lives, he had had so many escapes—I had a horse killed a few months ago by one of Mrs. Burcham's, your mistress's, men, but
he could not be found—the deceased was living with me at that time, not in the same house—I sent for a cab, and took the deceased home—I stripped him, and examined him—he told me his injuries, and he went to the hospital next morning—as I took him home, he stopped at the Flying Horse, and asked for a drop of brandy, which I gave him.
HENRY DUFF (policeman, M 32). I was in the Borough-road, going towards the Circus—I heard a crash, ran back about forty yards, and saw Johnson holding a horse's head—Mr. Stagg had the reins in his hands—both the shafts of the gig were broken—it was about three yards from the kerb—the cab was four or five yards further off, nearer to the kerb than the gig—it seemed to have passed it, and got nearer to the kerb—the horse was down—I did not see the deceased on the ground—he came up—he did not say he was hurt, but he complained of his ribs at the station—the prisoner was the cab-driver—I believe he had been drinking—the gentlemen had been drinking—I did not think Mr. Stagg so sober as I do now—Mr. Stagg said he would charge the prisoner with furiously driving into him, and the prisoner accused him of the same; so I took them both to the inspector at the station—Mr. Stagg did not charge the prisoner there, but the prisoner still complained of Mr. Stagg being in fault, and the names and addresses were exchanged—the sergeant took the names.
COURT. Q. Did it appear to you that the cab had driven between the kerb and the gig? A. Yes; I did not notice which side of the cab was hurt—it would strike the near side of the gig.
JOHN LANODON . I am one of the house-surgeons of St. Bartholomew's Hospital. The deceased was brought there on the morning of 4th Nov.—he complained of a pain in his right side, in the situation of the liver and kidneys—he was suffering from haemorrhage of the urinary organs—he died on 16th Nov.—I afterwards examined his body—there was extensive laceration of the right kidney; the liver was diseased, and there were three ribs broken—I cannot say whether the diseased liver was the effect of the injury, or any other can—he had jaundice, and it might have come on from internal causes—the cause of death was the laceration of the kidney—the three broken ribs might have had something to do with it—it must have been the result of outward violence—there was no appearance of outward violence—laceration of the kidney is easily produced; it might have been produced by being thrown out of a gig—that is a probable cause, especially if it was with such violence as to break three ribs at the same time.
Prisoner's Defence. I took a fare to the Surrey Theatre, and was coming up the Borough-road on the near side; there was a wagon before me; I passed it, and, before I had time to get to the other side, there was a chaise, coming down; I pulled to the off, to avoid them, and called to them, but they paid no attention to the hallooing I made, and came right on my horse's shoulder; they knocked my horse down, and cut a wound in his shoulder, an inch and a half wide, and three inches deep; their wheel cut my wheel, which knocked them back in their chaise, and their horse fell, and knocked the shafts off; my shafts never touched their horse; it was their wheel which did it; I had stopped at the time they came on me; they did not know where they were going to; they were first on one side, and then on the other; a young man who lodged with the deceased, and paid 3d. a night for his lodging, somewhere in St. George's-in-the-East, can prove that he had been an out-patient of St. George's Hospital some months; and the veterinary surgeon who came up and dressed their horse, and the sergeant who was at the station, can speak as to their state.
COURT to HENRY DUFF. Q. Was the caiman's horse wounded? A. I believe it was; I cannot say where—when he got it up, it would have fallen again, but a man had got hold of it—it was a good deal hurt—I did not see the wagon which caused the interruption.
COURT to MR. WINGHAM. Q. Did you see any wagon in the road? A. I did not, it might have passed—I was about eighty yards from where the accident occurred—the cab-horse was wounded on the near shoulder, under the blade-hone—it must have run against the shaft.
COURT to MR. THOMPSON. Q. Did you see. the wagon? A. No; I came all down the Borough-road, and never saw it—I did not hear the cabman say there was a wagon in the way.
The Prisoner called
(police-sergeant). Mr. Stagg and the accused were brought to the station—they were both very much under the influence of liquor—I did not trace any symptoms of drunkenness in the prisoner—he complained of their running into him, and they complained of his running into them.
JURY. Q. Did the prisoner say anything about the wagon? A. I do not recollect that he did.
NOT GUILTY .
Before Mr. Common Serjeant.
GUILTY .— Transported for Seven Years .
MESSRS. BODKIN and POLAND conducted the Prosecution.
HENRY PHILIP DAVIES . I am a coal-merchant, at Lambeth. In July last the prisoner came to me, and represented herself to be Mary Hall—I did not know her before—she said she had come to ask my advice on a little matter of business—she said she had four acres of freehold land at Bath, which she wanted to sell, and produced a paper which purported to be a copy of her uncle's will—I said she had better go to a solicitor—she then said she had not money enough—she showed me a letter which she said she bad received from Mr. Wood, a solicitor, of Bath, and said it was upon that that the wished to ask my advice—I read the letter, and gave it her back.
RICHARD FERGUSON (clerk to the Mendicity Society). Last Saturday, at half-past 10 o'clock, in Newgate, I served two notices, of which these (produced) are copies, on the prisoner, to produce papers—(one of these was a notice to produce the letter in question).
HENRY PHILIP DAVIES continued. The letter was signed "Thomas Henry Wood," and stated that a Mr. Price, of Bath, had offered 90l. an acre for the land, and wished to know whether she (the prisoner) was disposed to sell it at that price—it purported to come from 13, Royal-crescent, Bath—I said I could not advise her at all about the value of the land, but asked her what she would do with the money if she sold it—she said she would put it into the bank—I said, "As you would not get so good an income from the bank as from the four acres, my advice is that you should keep it as it is"—she said she would do so, and as she could not read or write she would thank me to write to Mr. Wood to that effect—I wrote a letter, addressed it "Thomas Henry Wood, Esq., Royal-crescent, Bath," and gave it her to post—she thanked me, and went away—the copy of the will she gave me to read stated the four acres of freehold to have been left her by an uncle—I Teceived an
answer to the letter I had written to Mr. Wood, but have destroyed it—the substance of it was that Mr. Wood quite agreed with the advice I had given her, that the property should not be disposed of—I then wrote again, and received this one in answer—(read—directed—"Henry P. Davies, Esq., Palacewharf, Lambeth. 13, Royal-crescent, Bath, 24th July, 1851. Sir,—I received your letter this afternoon, and I will send you Miss Mary Hall's money on Tuesday next, 29th inst., which is 14l. 6s. 6d. I shall feel much obliged if you will inform Miss Hall that I received a letter this morning from her aunt at Carlisle; she is very poorly, and wishes to see her niece as soon as possible, as she is of expected to live many days. I would advise her to make the best of her way to her aunt, and not delay one moment. I am happy to find that Miss Hall will not sell the four acres of land situated in Folly Close, as it will, in the course of two or three years, be worth three times the money Mr. Price has offered her for it, and her aunt is now far advanced in years, and not expected to live long; and at the death of her aunt she will come into full possession of Hadley Farm, which contains 130 acres of freehold land, and at present lets for 360l. a year; but if Miss Hall would appoint some person as an agent, the farm would let for 400l. a year, as the land is good, and the farm in good repair. I am, dear Sir, yours respectfully, Thomas Henry Wood.") The prisoner said her aunt was a very aged woman, eighty years of age, or upwards, and lived at Carlisle, and at her death she would come into possession of 300l. or 400l.—she said she should have 14l. 8s. from Mr. Wood in a few days, and asked me to receive it for her—I said she had better receive it herself, or get some friend to receive it for her—she said she could not read or write, and if she got any one it would be some petty shopkeeper or the woman where she lodged, and it would not be quite safe; so I then offered to receive the money for her, and wrote to Mr. Wood, giving him my Christian name, and then it was I received the letter I have produced—when I received the letter I told her she must immediately go to Carlisle—she said she could not do so until she received the money on the following Tuesday—I said she must not wait for that, as her aunt was so unwell, and I advanced her 5l.—that was about an hour before the train was to start, and she took the money in such a dilatory manner, she seemed so dilatory in starting, that I felt sure she would lose the train, and I took her to the station myself, and saw her off in the train—I then wrote again to Mr. Wood, and the letter was returned to me through the Post Dead-letter Office—this is it—(read—addressed, " Thomas Henry Wood, Esq., 13, Royal-crescent, Bath," endorsed, "Unknown." "Palacewharf, Lambeth, 26th July, 1851. Sir,—I received your letter of 24th inst. upon reaching town yesterday at 6 o'clock. I did not lose one moment to acquaint Mary Hall with the necessity of at once proceeding to Carlisle, and giving her the necessary sum for the purpose. I saw her off by the quarter to 9 train, which would be due at Carlisle at 5 minutes to 8 this morning. I am glad to find that your opinion coincided with that which I had previously given her with respect to the Folly Close property, and I presume that if anything happens to her aunt nothing will be done in the matter. I remain, Sir, your obedient servant, H. P. Davies.")
Cross-examined by MR. CHARNOCK. Q. I believe you offered to lend her the money? A. Yes; voluntarily—she did not ask me for it—she was quite a stranger to me—I am married—I went with her in a cab alone from Lambeth, to Euston-station—I have not been in a cab with her before, or since—I was not to receive anything for my kindness to her—I am not a member of, or a subscriber to the Mendicity Society—Mr. Ferguson
the clerk called on me—I only know Horsford by sight, be has not been to me.
MR. BODKIN. Q. Where do you live? A. Palace-wharf, Lambeth—I am a married man and live with my family—that day I had come home with seven of them.
ROBERT PARRIS . I am a surveyor, and live at 5, Walsingham-terrace, Lambeth—the prisoner came to me in July, and said she wished to speak to me about a little business—she was a stranger to me, and I asked who she came from, she said she was recommended by a person of the name of Wright, and she produced two letters purporting to come from a person of the Dame of Thomas Henry Wood, of 13, Royal-crescent, Bath; precisely the tame as the evidence Mr. Davies has given—she asked my advice as to the value of the property—I told her I could not tell her anything about the value, unless I saw it—and I suggested that I should go and see it—the letters stated that the land was four acres, and that an offer of 95l. an acre had been made—she mentioned that she was entitled to some money from Mr. Wood, and he was in the habit of sending it by Post-office orders, and the person who had formerly received it for her was dead, and she wanted to know if I would receive it for her, I said I would—I think the sum of 14l. 6s. 6d. was mentioned in the letter—I forget whether the prisoner mentioned the sum or not—she said it would come on 29th—this was about a week before that date—she wished me to write to Mr. Wood, and tell him that I would receive the money—she asked me to let her post the letter at the was anxious to give Mr. Wood an immediate answer, as the always did—I said I would post it myself—I wrote to Mr. Wood, stating she wished me to receive the money for her, addressed it to the address she gave me, and posted it myself—I received an answer on 26th, but have destroyed it—the substance of the letter was that he considered the land of more value than bad been offered for it, that be would transmit the money to me on 29th, in three Post-office orders, and also mentioned about her aunt being ill at Carlisle, and requested her to go immediately—I called on the prisoner twice, and she was not at home—she came to me in the evening—I told her that Mr. Wood considered the property was worth more than had been offered as there was building about—I think she said she should be entitled to property from her aunt to the amount of 360l. a year, but I would rather not say what amount she said—she said she could not go to Carlisle until she had her money, and I said I could advance her the money, and did so on the strength of getting it on the following Tuesday—I advanced her the precise amount, 14l. 6s. 6d.—I received no Post-office order, and my letter came back from Bath through the Post-office—I went to Bath myself, went to 13, Royal-crescent, but could not find Mr. Wood, or any account of him.
Cross-examined. Q. She never asked you to let her have the money? A. No; I offered it to her—I should not have done so only she said she could not go on account of not having it—she was a perfect stranger to me—Horsford did not go to Bath with me—I went as much to see Bath as anything.
MR. BODKIN. Q. Would you have advanced the money if she had not told you she expected the 14l. 6s. 6d.? A. Decidedly not.
MARY ROWLAND . I live at 48, Brook-street, Lambeth—in July I lived in St. Alban's-street, Lambeth—the prisoner lodged there with a man—they went by the name of Hall—I recollect Mr. Parris calling—I told the prisoner of it—the day before that, Mr. Davies had called with a cab, and taken the prisoner away with him—the prisoner went to Mr. Parris, came back, spoke to the man, and immediately ran out of the house—she had said nothing to she had said nothing to
me about going away—the man immediately packed up the things in a handkerchief, went away, and I saw no more of them.
Cross-examined. Q. Mr. Davies came and took her away? A. Yes; she was out all that night, and came back next day.
JOHN HORSFORD . I am a constable of the Mendicity Society—I took the prisoner on 6th November, at Mr. Davies's request—she was searched by the female searcher in the cell at the station; and while being searched, the searcher called me and another constable in, and the prisoner had a letter in her mouth trying to swallow it—I took it from her mouth—this is it (produced—the only part of this which was legible was " Bath, November 3, 1851—My dear sister.")
JOHN NORRIS . I am inspector of police at Bath, and have been in the police, and acquainted with Bath about ten years—there is no solicitor living in Bath of the name of Thomas Henry Wood—there is no person of that name at 13, Royal-crescent—I have known the prisoner at Bath—I do not know her name.
GUILTY *†. Aged 24.— Confined Twelve Months.
The prisoner was stated to have been in custody at Bath for obtaining money by false pretences.
MR. PARNBLL conducted the Prosecution.
WILLIAM DUNKLEY . I am an undertaker, and live in Tower-street, Westminster-road. The prisoner was in my employ till 27th Sept., when I discharged him—on Friday evening, 26th Sept., I had sent him to Mr. Hardy, at Clapham, with a bag containing palls and other things—there was one cotton-velvet pall, one silk-velvet pall, two porters' cloaks, six gentlemen's cloaks, two small pall-hags, and six pieces of silk—I helped the prisoner to pack the things in the bag, and he took them—he came back, and said they were quite correct—on the next evening, Saturday, I discharged him—I told him he was not to consider himself my servant any longer, nor I his master—I paid him his money, and away he went—on the Wednesday following I heard about those goods which had gone to Mr. Hardy—I went with an officer, I think on the Friday, to Mr. Matthews, the pawnbroker, where I found the cotton-velvet pall, a silk-velvet pall, six gentlemen's cloaks, and two porters' cloaks; they were part of the goods I had sent—the value of the whole was about 52l.—the prisoner bad no authority from me to get these goods, or to pawn them.
Prisoner. Q. What was the value of the goods altogether? A. 52l. 12s.; that is what it would take to replace them—these goods were my property.
Prisoner. Q. When you were a bankrupt for nearly 2,000l., you swore in the Court you were not worth 20l., and you took the benefit of the Insolvent Act? A. That has been decided in the Bankruptcy Court; everything has been decided—I know John Tobin—he is now in my service, and was in 1848, 1849, and 1850, but not all the time—when I took the Act, I did not swear that all the goods were the property of John Tobin—I did not employ you to take up a quantity of goods in my back shop, which I had hidden to keep them out of the way, and swear I had not got them—I probably may have sent you to the pawnbroker, but you had a memorandum from me—I know the Pilgrims Tavern—I did not apply there for a loan in your name; you got it in your own name; I was your security—you lent me the money—you might say to me that it was as great a crime for a master to forge on a servant, as for a servant to forge on his master.
JOHN MATTHEWS . I am a pawnbroker. On 29th Sept. some goods were brought to me in a bag, by a boy whom Mr. Dunkley has identified—they were some mourning-cloaks and other articles—I sent the boy back, and the prisoner came back with him—I asked the prisoner whose property they were; he said Mr. Dankley's, and he came from Mr. Dankley—knowing him to be in Mr. Dankley's employ, I had no hesitation in taking the goods in, because I had previously taken in property for Mr. Dankley—the prisoner wanted 6l.; I lent him 5l. 10s.
Prisoner. Q. Did you receive the goods from me? A. No; I had received Mr. Dunkley's goods before.
Prisoner's Defence. The goods were sent by another boy, and were never in my possession; I own I did pawn the goods; I got 2l. 10s., another party got 2l. 10s., and the boy had 10s.; I offered to pay the money back, if Mr. Dankley would forgive me; I have done several things for him, in getting him loans and other things; I sent Mr. Dankley a letter, to say he should not lose one farthing; these goods are the property of his creditors; there was from 500l. to 600l. worth of property he kept back, at the time he took the Insolvent Act.
GUILTY. Aged 20.—Recommended to mercy by the Jury. —Confined
Before Mr. Common Serjeant.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
GEORGE WATSON (policeman, M 136). On 28th Nov. I went with Lane to 5, Paradise-row, Christ Church, Surrey—I went into the back room on the ground-floor, and saw the two prisoners—(I was in plain clothes)—the female was sitting very near the fire—when she saw me come in, she threw something into the fire—I went towards her, and she had a number of counterfeit sixpences in her lap—she took them in her hand, and attempted to put them into her mouth—I caught her hand, and some of the sixpences fell from her hand—I afterwards took five sixpences off the fireplace—I found on the table this pot (produced) and three bottles—I took the woman, and Lane took the man—we handcuffed them together, and took them to the station—I afterwards searched the room and the privy, and under the seat of it I found a bag, containing 135 counterfeit sixpences and one counterfeit shilling.
Brown. Q. Can you produce anything that fell from my lap? A. I did not pick them up, my brother officer did—I took four sixpences from your hand, and my brother officer picked the others up from the floor.
RICHARD LANE (policeman, M 126). I went with Watson, and took the man—he said had I come an hour before, or an hour later, I should have had him to rights—I suppose he meant caught him making them—he had a knife in his hand—I searched the room, and found six counterfeit sixpences on the floor, which came from the female's lap—I searched the privy, and found three counterfeit sixpences on a rafter—I took Freeman to the station—I then went back to the house, and found the mould for a shilling in the privy.
Brown. The money was found in the privy an hour and a half after we were taken to the station. Witness. The three sixpences were found before they were taken there.
think I had one, under half-a-crown—I took her to No. 5, and in going along she said she had no family, and her husband was out all day—I told her I could show her a little room that I thought would suit her—she gave me sixpence in advance, and she came and occupied the room four days.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint—these first four sixpences are bad, two are Victoria, from the same mould, and two are of George III., from the same mould—the six sixpences picked up are bad, three of them are Victoria, and from the same mould as the first two, and three are George III., from the same mould as the first two—the money found in the privy is all counterfeit, and this mould is what this shilling was made in—this jar is part of an apparatus for silvering coin.
Freeman. On the night before I was taken a man came to me; he came again the next morning, and he went out to get some beer; he left fifteen bad sixpences on the table; he came back with two policemen; that same man that brought them is now here in prison; I should like him to be called, his name is Christmas; I had broken the lock of my door the night before, and I took the knife to open it.
JAMES CHRISTMAS . I am a prisoner in Newgate, waiting for my trial—I went to Freeman's place on that Friday morning; it is in Paradise-court, Gravel-lane, No. 5—Freeman was in bed—I did not leave anything on the table when I went out for some beer.
Brown. Q. Did you not come and knock at the door, and Freeman got up and opened the door A. Yes; I said I had come for my pawn-ticket, and I got it, and went out—I did not say I wanted tips put on my shoes—I waited for my pawn-ticket, and I bad it, and paid 6d. for it—I went to get a pint of beer—when I came back the fire was lighted—there was no fire when I first came in—I was half-an-hour before I came back—I did not turn and say to the two constables, "There you are"—I did not speak to them.
FREEMAN— GUILTY .* Aged 29.
( Confined Two Years ).
BROWN— GUILTY .* Aged 25.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
MARY MITCHELL . I live with my aunt. On 29th Nov. the prisoner came to the shop, and asked for a 3d. loaf; he laid down a sovereign—I took it to my aunt, she examined it, and gave me four half-crowns, and I was to get the rest of the change from the till—before I gave the prisoner the change he objected to the loaf; he said it was too crusty—I offered him some other loaves; he said he would not take any—I went to my aunt, she gave me the sovereign to bring back, and I laid it on the counter before the prisoner—he said, "If you think I wish to cheat you, I will take the loaf by all means" he asked me if I would change it if it did not suit—I said, "Yes"—the sovereign was lying on the counter before I turned to get the rest of the change from the back counter—I turned and gave him the change; he took it and the loaf, and went away—as he was leaving I took up the sovereign—he had got to the door before I took it up—it felt very light—I called my aunt, and she came and examined it by the gaslight—Mr. Lawson came in the shop; he went after the prisoner; he brought back the same loaf that the prisoner had had—it had the Company's initials on it—I felt the first sovereign, and rung it—that was not the same that I took afterwards.
SARAH BOWMAN . I keep the League Bread Depot, in the York-road. On 29th Nov. my niece was serving in the shop—she brought me a sovereign into the back room; I gave her four half-crowns, and told her to take the remainder from the till—I wrapped the sovereign in a piece of paper on the
table—I firmly believe it was a good one; I rung it and weighed it on my finger—in a few minutes my niece came back, and I gave her the same sovereign—almost immediately after she called me from the shop—I went, and met her at the shop door; she gave me a bad sovereign—the prisoner had then left the shop—Mr. Lawson came in, and he and my niece went out—the prisoner was brought back, I told him he had given me a bad sovereign—he asked to look at it, which I refused—he said, "If you think I gave you a bad sovereign, if you give it me, I will give you the change"—the policeman came in; I gave him the sovereign I got from my niece.
Prisoner. Q. When your niece brought it you, what did you do with it? A. I put it in the paper after I tried it.
JAMES HILTON LAWSON . I saw the prisoner coming out of Mrs. Bowman's shop on 29th Nov.—he turned to the right, then crossed the road, turned to the left, and walked very fast—I went into the shop and heard something—I came out and followed the prisoner; when he had got about forty yards, he turned down a street and put up his hand to the top of some palings—he then stooped down and put his hand to his shoe, as though he was tying it—I went to him, took hold of his arm, and said he must go back with me to a shop where he had passed a bad sovereign—as I was going back he said, "What good will it do you to take me back; who are you?"—I told him he would know that presently—an officer came and took him, and I and the officer went to where I saw the prisoner stoop, and found the loaf on the step of a door—I examined the rails, but found nothing there.
ADAM SAUNDERS (policeman, L 190). I went to Mrs. Bowman's shop on 29th Nov., and got this sovereign—I searched the prisoner, and found on him seven half-crowns, 2s., and 51/4 d. in copper, all good; that was the change of a sovereign all but three-farthings.
Prisoner's Defence. The sovereign I gave was a good one.
GUILTY . Aged 21.— Confined Six Months.
MESSRS. SCRIVEN and LILLET conducted the Prosecution.
ELIZA WHEELER . I keep a baker's shop, at Bermondsey. On 11th Dec. the prisoner came there, between 7 and 8 o'clock in the evening—she asked for half-a-quartern of flour—she then said she meant a half-quartern loaf, not flour—I gave her the loaf, and she gave me a half-crown—I gave her 2s. 31/2 d. change—she then asked if I had any 41/2 d. bread—I said I had no cheaper—she said she would not have the loaf, and wanted her half-crown back, which I gave her—she gave me back 2s. 31/2 d., and went away—as I was in the act of taking up the money, to put it into the till, my sister said something to me, and took the bad shilling, and went out—the bad shilling had not fallen with other money—it was at the front of the till—the other silver was at the back—my sister took it out and examined it—I am quite sure that the shillings I gave the prisoner were good, I had tried them with the trier, as I always do when I take money.
SARAH CRANE . I am sister of the last witness. On 11th Dec. I was in the shop when the prisoner came in—she asked for half a quartern of flour, and then said she would have a loaf—my sister served her—She gave my sister a good half-crown, and my sister gave her 2s. 31/2 d.—the prisoner said she could get bread at 41/2 d.—we had no cheaper, and she said she would not have the loaf, and asked for the half-crown back—my sister gave it her, and as my sister was drawing the 2s. 31/2 d. to the till, I perceived there was a bad
shilling—I noticed it as the money fell into the till—I took the bad one, and put on my bonnet and shawl, and followed the prisoner—I went up to Starcorner, and saw her talking to a woman for some minutes—she then crossed to Mr. Skinner's china-shop—I went in, and told them not to let her go, as she had passed a bad shilling at our house—Mr. Skinner called a policeman—I gave him the bad shilling.
Prisoner. Q. Were you in the shop when I first came in? A. Yes; I did not say anything to you about the bad shilling before you went out; you did not give me the opportunity.
ELIZABETH SKINNER . I am the wife of John Skinner; we live at Starcorner, Bermondsey. On 11th Dec. the prisoner came to our shop—she took up a tea pot—I told her it was 6d., and she gave a half-crown—I went to the counter, and found I had no shilling in the till, nothing but sixpences—I went to give her the sixpences for change, and she refused them—she said, "Give me a shilling"—I called my husband, and asked him to bring me a shilling—he took one out of his pocket—the prisoner then said, "I want 2s. 3d. "—I said, "No; your tea pot was 6d. "—she took up the shilling from the counter, and put it to her mouth—I said to my husband, "Take care of your money; she has changed that shilling; I saw her do it"—she said, what did I mean by that—my husband said, "Has she done me already?"—Crane came in, and told us to stop the prisoner, as she had given her a bad shilling—the shilling that the prisoner put down my husband took up, and tried it immediately.
Prisoner. Q. I agreed to give you 3d. for the tea pot? A. No; you put the shilling in your mouth, and then you asked for 1s. 3d. more.
JOHN SKINNER . I am the husband of the last witness—I remember the prisoner coming to my shop—I heard her say to my wife, "For God's sake don't give me sixpences"—I went into the shop, my wife asked me for some shillings—I laid one down, and before I could lay the other down the prisoner took that one up—I laid the second down, and the prisoner said, "I want 3d. more"—my wife said, "Take care of your money"—I took up the two shillings again, and was convinced it was not what I laid down—I was certain I had no bad money—I found one of them was bad—I spoke to the prisoner—it is rather awkward to tell what I said to her, for I was in a rage, we have been done so many times—I called for a constable—before he came the prisoner wanted her half-crown back—I believe I said, "Give me back my shilling, and you shall have it"—but that I believe she could not do—she then said, "Give me 1s. 6d. and let me go "—I said, "No, you shan't have it now"—I gave up the bad shilling at the station-house.
Prisoner. Q. You said you had taken a bad shilling before, and you would pay yourself. A. I said, I believed you were the same woman that passed one ten or twelve days before, only you were differently dressed; but I would not swear it—I know the shillings I put down were good—I could not tell whether they were Kings or Queens—we never take a bit of silver till we try it in the detector.
Prisoner's Defence, I gave half-a-crown for the teapot, and this woman came in and accused me of the first shilling; I never put my hand near the counter; I had not time to do it.
GUILTY .— Confined Six Months ,
JOHN DUNCAN M'INTOSH . I am an oil and colour man, and live at Rotherhithe-wall. On 17th Nov., I had from 50 to 100 brushes hanging at my door—I missed six of them which were all hanging together on one string—they had not been separated since the came from the manufactory—I had seen them several times in the course of the day—I think I saw them in the forenoon—I missed them about half-past 9 o'clock in the evening.
CHARLKS BUTLER . I am shop-boy to Mr. Stevens, of Rotherhithe-wall. On 17th Nov., about half-past 9 in the evening, I was within two doors of Mr. M'Intosh's house—I saw the prisoner take some brushes down which were hanging up just outside the door, and put them under his jacket—he then walked up King-street; I told Mr. M'Intosh—I am sure the prisoner is the person—I was two doors off—there was a light inside the shop, and the light of the other persons windows—I had seen the prisoner before about Kin's-stairs—I am sure it was him.
WILLIAM NOAKES (police-sergeant, M 15). I took the prisoner on 20th Nov.—I told him it was for stealing some brushes—he asked me when; I told him on Monday night—he said. "Was there any one saw me take them?" I said, "Yes, two lads"—he said, "Very well, I know nothing about them."
Prisoner. I was at work on that Monday night; I did not come across the water before 9 o'clock at night.
GUILTY . Aged 20.
He was also charged with having been before convicted: to which he pleaded
GUILTY. Confined Twelve Months.
Before Mr. Recorder.
GUILTY to 2nd Count.—Recommended to mercy by the Prosecutor. Confined Four Months .
MESSRS. BODKIN and CLERK conducted the Prosecution.
THE RIGHT HON. EDWARD, EARL DIGBY . I reside at Sherbourn Castle, in Dorsetshire. About the end of Oct. I received a letter, purporting to come from Captain Newton—I destroyed the letter—the purport of it was, to raise a subscription for Mrs. Bissett, who was left the widow of Captain Bissett, of the Royal Navy; that she was left very destitute, with several children—there was a paper enclosed in the letter, containing the names of persons—I understood that Captain Newton, who wrote to me, was undertaking the subscription—" Captain Newton, R.N.," was on the top of the letter—it began, "My Lord," and then went on—there was "Captain Newton" in a line with the date—there was a Christian name, and then "R.N." at the end—on receiving that letter, I sent a check on Messrs. Hoares, my bankers—I enclosed the list back—all the papers I received I returned—the amount of the check was 25l., payable to Captain Newton, R.N.—I sent my answer to some street in Lambeth; I forget the name—I directed it to the number of the house, and addressed it to "C. Newton, R.N,"—that was the address written in the inside of the letter I received—this is the check I
enclosed (looking at it)—I knew nothing of Mrs. Bissett, except from the letter.
Cross-examined by MR. PAYNE. Q. Do you know Captain Newton? A. No; I did know a Captain Bissett, but he was not a navy captain—I have given, as nearly as I can recollect, the substance of the contents.
JOHN CLUTTBKBUCK . I am clerk to Messrs. Hoares, the bankers—Earl Digby banks there—I received and paid a check drawn by Earl Digby on 1st Nov.—this is it; it is for 25l.—it was presented by a man—I do not know the person—I paid it with 10l. in gold, and three 5l. notes, Nos. 48342, 48343. and 48344, dated 13th Oct., 1851.
CHARLOTTE DUNCAN . I live with my father, in London-street, Greenwich. I receive rent of a person named Carter—on 6th Nov. I received this 5l. note from Sarah Ann Carter—here is the name of Jenkins on it.
ELIZABETH JENKINS . J gave my daughter a 5l. note on 6th Nov.—I received that note from the prisoner—my husband keeps the Maltster beer-house, at Greenwich—I cannot say on what day I received it of the prisoner, it was early in November—I am sure I gave the same note to my daughter—I had no other.
Cross-examined. Q. Do many persons frequent your beer-house? A. Yes; I remember I received this note from the prisoner, because I took the money from my rent to change the note, and I put the note with my rent—I did not put any mark on the note, I put it with the sovereigns to pay my rent, up-stairs in my drawer—no one had the key of that drawer but myself—my husband has not the key, he never wants to go to that drawer—I will swear that from the time I received the note, till I took it out, he never had the key—he never has the key—there are not two keys to it—I received the note from the prisoner at the bar—there was a short man with him, who he gave some half-and-half to—I am sure I had this note from the prisoner—I never had another 5l. note in my possession for the last six or eight months—my husband was in the bar, and I asked him to look at the note—he said it was quite a good one—he did not put any mark on it.
MR. BODKIN. Q. Did you know the prisoner before? A. Yes; I gave him in change 10s. or 1l. in silver, and the rest in sovereigns and half-sovereigns—I took the money for the liquor he had, and 1s. for two pots of ale—I took the sovereigns and half-sovereigns out of my rent—I went up to get the change, and put the note in the drawer—I sent the money to pay my rent on 6th Nov.—I then found the drawer locked, and only one note in it—I took for the half and-half out of the change, and 1s. for two pots of ale to he had the next day.
COURT. Q. Had you seen the short man with the prisoner before? A. Yes, I think I had once; the short man lodged close handy—the prisoner said the short man was to have the ale next day—I was to take the money for it then—the short man took the ale the same night in a can.
MR. BODKIN. Q. Do you remember, when the prisoner changed that note, whether you saw him in possession of others? A. I cannot say; I heard other papers, but I would not like to say they were notes.
ALFRED ANDREW BERRY . I am collecting-clerk to Mr. Joseph Wade, of Upper Thames-street. I collected money from Mr. St. Leger on 11th Nov.—he paid me two 5l. notes and 5l. in gold—these are the two note I received
from him; I always mark them in one place—they are marked with his name.
NICHOLAS ST. LEOER . I keep the Coopers' Arms, in Lower Thames-street. The prisoner was at my house when he was taken—he had been lodging there two nights previous—I cannot say whether he slept there the night previous to his being taken; I do not think he did—the two nights before he did—I received two 5l. notes from him, but not at one time—I received the last note from him about an hour or two hours before he was taken into custody—I cannot answer whether at the time I received the second 5l. note I had in my possession the other 5l. note that I received from him—I might have had it, or I might not—I think I received it two or three days before—I remember I paid Mr. Berry two 5l. notes, but I cannot say whether they were what I received from the prisoner—I might have had other 5l.—notes in my possession when I took the last from the prisoner.
Q. Do you believe them to be the same notes you took from the prisoner? A. I cannot answer that question—I am in the habit of changing several notes—these might be the notes—I have as much belief one way as I have the other—I cannot answer whether I had any other 5l.—notes at that time—I have a faint recollection of giving a 5l.-note to a lighterman's wife, who came and asked me for some heavy gold—I said I had not much gold, but I had a 5l.-note, and I gave her one—I do not put the names on notes if I take them from persona I know—I had known the prisoner about eighteen months.
COURT. Q. You cannot tell whether you had another 5l. note, because you gave one to some woman; can you tell whether you had two others? A. No; I am positive I had not.
Cross-examined. Q. You had frequently been applied to for change; can you venture to say, that between the time of your receiving the 5l. note from the prisoner and your paying Mr. Berry, that you had not any other note A. I cannot; I might have received a note, and paid it away without noticing it—I had paid one to this woman, and that I had forgotten at my examination.
MR. BODKIN. Q. It was on 8th Nov. he was taken? A. I cannot recollect that—there was a disturbance, and I asked the cause—they would not tell me—they told me they were officers—I told them I did not wish to disturb them, but I did not wish to have ray place knocked about—the officers had hold of the prisoner, and a man who was with the prisoner resisted—he was a man about the size of the prisoner—I had seen him with the prisoner at other times at my house—he called him Jos, that is all I know.
ANN PRICE . I live at 84, Bridge-street, Greenwich—I saw the prisoner at my house, in Greenwich, on 1st Nov., to the best of my knowledge—there was a female with him, whom he called his wife—he took apartments for himself and his wife, and for another friend, and his wife—he said his friend was an engineer, and he was to come on Monday week to work at Mr. Joyce's, over the way—he said he was not so fortunate himself, but he hoped to be set on at Mr. Perry's—he did not say what his name was, but some days after he asked me if a letter came in the name of Newton would I take it in—I said, "Yes"—he and the woman remained with me ten days—during the time he was there I did not address him by any name—I very seldom saw him—his wife waited on him—I addressed his wife by the name of Mrs. Newton, and his friend and his wife passed by the name of Wilson—they came the same day that he did—I did not take any letter in.
COURT. Q. What sized man was that Wilson? A. Not quite so tall as the prisoner, but he was a tall man—the prisoner took my apartment for one week; and as he could not give a reference, he paid 5s., and at the end of the week they paid up the rest—the week's rent was 9s.—they staid ten days altogether—they staid three days more than the week, and went away without paying.
Cross-examined. Q. The prisoner did not mention any name, and the other man went by the name of Wilson? A. Yes; his wife asked me if a letter came in the name of Wilson to take it in—I spoke to the prisoner's wife as Mrs. Newton—that was not till after they said about the letter—I do not think I ever called her Mrs. Newton—all I knew was that he said if a letter came in the name of Newton, to take it in.
COURT. Q. When Mrs. Wilson spoke to you about taking in a letter for her, was the prisoner by? A. No, I do not think he was.
Cross-examined. Q. What makes you know them? A. I entered them in the book—it is my course of business to enter the number of the notes, and the amount of the check—it is here—a check, 25l., in the name of Digby—I can swear this is the check I paid that day.
ROBERT ABRAHAM . I am a letter-carrier. I was employed at Greenwich in Nov. last—I remember delivering a letter addressed "Captain Newton, R.N." at No. 34, Bridge-street—it was quite the early part of Nov.—it was the General Post delivery—a person accosted me in the street, and asked if I had a letter for Captain Newton, R.N.—I said, "Very likely I have; but not knowing you, I must deliver it as it is directed"—I went round where I had to go, and when I got to Mrs. Price's I found the same man close at my heels—when the door was opened he pushed in, and took the letter out of my hand—the door was half opened, and he pushed in—I do not know who the man was.
WILLIAM HORSFORD . I am a policeman, in the service of the Mendicity Society. I have known the prisoner in the name of Gill, Smith, Jones, and various other names—I never knew him in the name of Newton till this time—I have known him four or five years.
CHARLES JAMSS FRANKLIN NEWTON . I am a Commander in the Royal Navy. I never knew of another officer of the same name—there is no other Captain Newton in the navy but myself—I did not make or know of any application to Lord Digby for assistance for the wife and children of Captain Bissett.
Cross-examined. Q. How many captains are there in the navy? A. About 500, and rather more than that number of commanders—there are rather more than 1,000 altogether—I know by the records that there is no other Captain Newton but me—we all know the records—I have a navy list every fortnight sent me by authority of the Board of Admiralty—I have searched the records from which the navy list is made up—I was looking at the navy list this morning.
MR. BODKIN. Q. Is it possible there could be a Captain Newton in the navy without your knowing it? A. It is impossible.
RICHARD FERGUSON . I am clerk to the Mendicity Society. I have been to the Admiralty, and find only one Captain Newton in the list of captains—I accompanied the officer to the back parlour of the public-house in Lower Thames-street—a violent scuffle took place in the back parlour—a man was with the prisoner; a shortish man—they both resisted very much—the land-lord
was there—he wanted to drive us all out—he said he would not have a row in his house—the charge was stated to be obtaining money under false pretences.
Cross-examined. Q. Did you search the list of commanders at the Admiralty as well? A. No; I found one Captain Newton—the book was presented to me by the person appointed.
Cross-examined. Q. How do you know? A. I have had the pleasure of knowing Captain Newton from my first entering the service—I have been to the Admiralty, and the books were searched by a clerk, and that information was given me—I know from the authorised records that there if no other Captain Newton.
COURT to LORD DIOBY. Q. Did you observe the post-mark on the letter you received? A. Yes; it was Lambeth, I think.
Cross-examined. Q. You say you think there was the Lambeth post-mark; have you a distinct recollection of it? A. I think so—there was the name of a street mentioned inside the letter—I looked at the post-mark—I think it was Lambeth.
GUILTY . Aged 33.— Transported for Seven Year .
(Horsford stated that he had had the prisoner in custody seven times, and that he had been twenty-five months imprisoned for sending begging letters.)
GUILTY . Aged 15.— Confined Seven Days, Solitary .
ADJOURNED TO MONDAY JANUARY, 5TH 1852.