CENTRAL CRIMINAL COURT.
HUNTER, MAYOR. THIRD SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—An obelisk (†) that they are known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, Jan. 5th, 1852.
PRESENT—The Right Hon. the LORD MAYOR; MR. RECORDER; Mr. Ald. CHALLIS; Mr. Ald. SALOMONS; and Mr. Ald. WIRE.
Before Mr. Recorder and the First Jury.
MR. CLARKSON conducted the Prosecution.
MR. PARRY. Q. Is that book in your handwriting? A. It is; it was made up by me about the time that is entered—it is kept in an outer office—there is no stamp of the Court on it—it is a book for the entry of plaints, from which we issue summonses—it is made up from instructions given in in writing—it is in my custody.
MR. CLARKSON. Q. Have you an entry there of any plaint by a person of the name of Walstab against Allen? A. Yes; George Walstab against Henry Allen, for goods sold and delivered, the date when it was entered was the 18th Nov., 1851—it was tried on 6th Dec. last—I have the verdict and direction of the Judge entered in the minute-book—I have it here—I do not keep that book—it is kept by the chief clerk, and sometimes by the assistant-clerk—none of it is in my writing—the result of the trial is entered by the assistant-clerk, Robert Mann—the cause was adjourned to 9th Dec., at 11 o'clock—the entry on the 9th Dec. is also in Mann's writing—the order then made was to pay forthwith the debt and costs—1l. 6s. 8d. was the amount of the debt, and 1l. 15s. 4d. costs—there is no entry in the minute-book of any direction by the Judge, nor in any book that I am aware of.
Cross-examined by MR. PARRY. Q. I understand the entries in the minute-book are in Mann's handwriting? A. Yes; every page in the minute-book is signed by the chief clerk, not of the plaint-book—that it not required—I was not present at the hearing of the cause.
MR. CLARKSON. Q. Is it the practice of the County Court to keep the summonses that issue on the plaints? A. To keep the duplicates of them.
at the Westminster County Court. I was present at the hearing of the plaint of Walstab against Allen, on 9th Dec.—after the evidence had been taken on the part of the complainant the defendant Allen was examined as a witness—I took down what he said—this (produced) is a transcript in my own handwriting of what passed—I believe it to be perfectly correct—(reads) "Henry Allen examined by Mr. Roberts. Did you ever give that gentleman (Mr. Green) an order for goods?—I do not know him. Please answer my question?—No, I never did. Have you ever seen him before?—I never saw him before this morning. Did you ever pay him any money?—No—(Frederick Pitt came forward.) Now Mr. Allen, did you ever receive any firewood at any time from that man?—No, I have not received any at all. Now when you say you have not received any at all, what do you mean?—I mean this year and a half, since I disposed of the business. Have you not received any wood from anybody at all for a year and a half?—Not myself. Have you received any on behalf of anybody else, or any other person?—No, I have not. Do you know that young man's countenance at all?—No; I do not. Then you conscientiously swear you never saw him in your house before, I mean in your place in Great Wild-street?—Never, to my knowledge; I can conscientiously swear to that. Look at that signature, and tell me is that your signature?—No. You are sure?—It is not. Are you certain of that?—Quite certain of it. Are you also quite certain this man never presented his book to you?—He never presented it to me (Pickett called into the witness-box). Did that man deliver any goods to you?—No; I never saw him before. Is that your signature?—No; it is not. That you swear?—Yes, I will. You see that very gentleman who states himself to be the plaintiff's clerk (Mr. Green), did you ever see him, and promise to pay him any sum of money?—No. Did that gentleman ever call upon you in Great Wild-street?—No; not to my knowledge. Did you ever say you would look into the account, and pay it?—I never had any account at all. When did you first go to Great Wild-street to live?—About twenty-one years ago. How long did you live there, without any interruption, continuously, how many years?—Up to June, 1850. Did you dispose of the business?—I let the business. To whom?—To a person of the name of Husband. Where did you go to live?—I went next door. Did you, and do you, carry on business there still?—Yes; but only in the van and cart line. You say you opened a shed next door?—No, Sir. Do you reside in that place now?—Yes; I have resided there ever since the time I disposed of the business. And you persist in it that you never had these goods, and no one ever applied to you personally for payment of this account?—Yes, I do. When you let the business, did your name continue up?—It was up about a month or six weeks after I left. How came it to be removed?—To get a license for the beer. Yes; but that could have been done without your name. Did you at the same time you were there keep a coal-shed, and retail beer?—Yes. Did the license expire?—Yes, it did; it expired, and another license was got. Cross-examined by the Plaintiff. Have you no idea where this Mr. Husband is?—A great many persons go there to know, but they cannot succeed in finding out. What is the Christian name?—Henry Husband. And the good-will, and stock, and fixtures, were purchased at the time, and there was no law expenses?—Only the good-will and fixtures were taken. And he only gave you 20l.?—That is all. How long did he remain there?—About three or four months. Come, let us have it a little nearer than that, say whichever you like; do the premises belong to you?—No; I let them to him on 25th June. Did be happen to go away
before or after next quarter-day?—He went away before quarter-day. Then it was not three months?—No, it was not; I do not know what be paid for it, but he was gone too." (There was not a question preceding that, 'Did he let it to somebody else.') "Did Mr. Jerry sell it to anybody else?—Yes, What was his name?—Jackson. Where is Mr. Jackson?—He is still there, and the name, I believe, is up, but I will not be certain; I really think Jerry's name is up. By the JUDGE. Did you, Mr. Allen, assist Husband in the business?—No, I did not. Then you were not occasionally much at the house?—No, Sir, I do not suppose I have been there much at all. By the PLAINTIFF. What sort of man in appearance is Husband?—He is a stoutish man. Like you?—Yes. And what sort of a man is Mr. Jerry, is he a stoutish man too?—Yes, Sir, he is; Mr. Jackson is a little man. The JUDGE. Oh! there must be a verdict for the Plaintiff, unquestionably; all these witnesses identify him, and it seems to me I must commit him."
Cross-examined by MR. PARRY. Q. He appears, according to your note, to have answered the questions put to him as to the delivery of goods and so on, without any hesitation? A. Decidedly, without the least hesitation—the answers were given quite off-hand—I think he was in Court during the examination of all the witnesses for the plaintiff—the persons Green, Pitt, and Pickett, were pointed out to him seriatim, and in the most unhesitating way he denied that they had ever sold him any goods, or that he had taken any orders from them.
FREDERICK PITT . On 13th Dec., 1850, I was a carman, in the employ of Mr. Walstab. On that day I delivered some fire-wood to the defendant in Great Wild-street—he is in the greengrocery line, and likewise keeps a coal-shed and beer-shop—I delivered 400 of wood, fifteen inches round, at 3s. 4d. a hundred—Mr. Allen took some of them from me—I can swear he is the man that took some of them from me—here is the entry in the delivery-book, which he signed (produced)—I gave him the bill first, and he said he would not pay then; and I tore the receipt off the foot, and gave him the book, and he signed it—he sat alongside of the beer-engine at the time, and signed it in my presence—this is his writing in the book.
Cross-examined. Q. How long had you been in Mr. Walstab's service? A. Very nearly two years—I never delivered any goods there but that once—I have never seen Allen before nor since, till I saw him at the County Court—I cannot say the number of the house in Great Wild-street at which I delivered the wood, but I recollect the shop well enough—they sell coals, greengrocery, and beer—I gave my evidence at the County Court the same as I have done to-day.
COURT. Q. Is this the signature you speak of, "H. Allen," written across the corner? A. Yes.
THOMAS PICKETT . I am a carman, in the service of Mr. Walstab, and was so on 30th Dec, 1850. On that occasion I delivered 400 of fire-wood at Great Wild-street, Drury-lane—the defendant is the man to whom I delivered it—I gave him a bill of parcels, he did not pay me—he told me he would pay the man who took the order—I took off the receipt from the invoice, and then handed him the delivery-book to sign—I told him so—he took it from me in the shop; but whether he signed it, or whether he did not, I cannot say—he took it into the back-part of the shop, and brought it back to me, signed—I dare say this is the signature, but I cannot read writing—our delivery-books are numbered 2 and 7—I took wood there twice—I cannot say the day or month that I first went, but I believe it to have been in Nov.—I can read printed figures—this is book No. 2, and this
is No. 7—I cannot now point out the place where he signed, but it was then the last place in the book that was filled in—I believe it was 400 that I delivered in Nov.—I believe it was of different measurements, but I cannot say.
Cross-examined. Q. In point of fact, you cannot distinguish in these books one entry from another? A. No, I cannot—I only saw Allen on those two occasions.
AREND JOHN GEORGE WALSTAB . I am the proprietor of the Shottower Wharf. I was the complainant in the plaint in the County Court—before I took any proceedings against the defendant I went to his premises—I did not know him myself, and had not then seen him—I cannot say on what day it was; it was some few weeks before I took out the summons—the case was heard on 6th Dec., and I must have taken out the summons at the latter end of Nov.—I saw the defendant at a van-shop, in Great Wild-street, No. 7, I believe, adjoining a coal-shed—I asked him if his name was Allen; he said, "Yes"—I then showed him the invoice for 1l. 6s. 8d., for the two four-hundreds of wood—his answer was, to the best of my recollection, "I don't owe you anything"—I said, "Will you, then, show me the receipts?"—"No," he says, "I will not be bothered about it; I will not be troubled, I owe you nothing"—I then said, "That will compel me to take out a summons against you at the County Court"—he replied, "Summons away, and be d—d"—the claim at the County Court was for the wood delivered on 13th and 30th Dec.—I have recovered the amount at the County Court.
THOMAS GREEN . In Nov., 1850, I was in partnership with Mr. Walstab—in that month I called on the defendant for orders—I cannot charge my memory with the day—I called in Great Wild-street, Drury-lane; I cannot say what number—I saw the defendant on that occasion; it was at a coal-shed and greengrocer's shop—he gave me an order for a certain quantity of fire-wood; I believe it was 500 bundles, but it is so long since—I entered it in the order-book, which will speak for itself—that order was executed, I should think, next day, or the day after—I did not execute it myself—I called again in the early part of Dec.—I then saw the defendant, and he paid me some money—not knowing the quantity of wood he had, I would not venture to say how much he paid me—this book (looking at one) is in my handwriting—I received 9s. 8d. from him on 12th Dec.—I have no doubt whatever that the prisoner is the person—this book enables me to say that I received that from him on 29th Nov.—he gave me a further order on that occasion for 400 bundles of wood—the former order was for 300 bundles—by the carman's book it appears that there were 200 bundles of 15-inch wood, and 100 of 13 1/2; it came to 9s. 8d.—that was the sum I received of him on 12th Dec, and he then gave me a further order for 400 bundles—the price of that is not entered here, it is entered in the ledger—I called on the prisoner again after 12th Dec.—I may have called more than once between the 13th and 30th—I saw the defendant there then—I am quite sure of that—I received a further order from him for 400 bundles, on 30th Dec.—I am quite clear; I received that order from him—I saw him here at the last Sessions, when I was in attendance to go before the Grand Jury—I knew him again immediately I saw him—I also saw him at the County Court—I knew him then.
Cross-examined. Q. Did you travel at that time? A. I did not frequently—I was not a regular town-traveller, but I used to move about, and pick up orders, small orders of this sort—we supplied a great many persons, carrying
on the same sort of business as this in Great Wild-street—I have ceased to be in partnership with Mr. Walstab since 1851—I did not pick up many of these orders in a day—upon these occasions, I do not think I picked up more than two, besides this one—I was more in the round to collect money, and to get orders if I could.
GEORGE BREWSTER ROSE . I am town-traveller to Mr. Walstab. I knew the defendant—I saw him on the subject of Mr. Walstab'a account in the spring of last year—I cannot say the exact time—I called on him in Great Wild-street, and saw him—he is the man I saw—I delivered him an invoice of the two parcels that were owing for, delivered on 13th and 30th Dec, and told him I had come for the amount—he said he would look over it, and pay me when I called again—I think I told him the amount, I will not be sure—it was 1l. 6s. 8d.—I afterwards called again, but did not see the defendant; I saw a woman—I then called a third time—I think that was about a fortnight after the first calling: on that occasion I saw the defendant, and he told me he did not owe it, and would not pay it—I am quite sure he is the same man that told me he would look over the account, and pay me when I called again.
Cross-examined. Q. You were examined at the County Court? A. Yes; the defendant was there at the time.
MR. CLARKSON to MR. TAYLOR. Q. Did you see the defendant sworn? A. Yes.
Witnesses for the Defence.
WILLIAM TAYLOR . I am a porter, and live at 15, Bedfordbury. I have known Mr. Allen about twenty years—I have seen his handwriting—I cannot say whether I should know his handwriting, without seeing it—I see the "H. Allen" written across this book—I do not believe it is his writing, I cannot positively say, but I do not believe it is—I never heard anything against his character—I have known him during the time he kept the shop up to the present time, and have done work for him.
Cross-examined by MR. CLARKSON. Q. Up to what time have you done work for him? A. On and off for a great number of years—I moved some furniture for him I should say three or four months ago—he has kept a van up to the present time—I am not in service, I work for any person that employs me—I have not seen Allen write for a good while, I cannot exactly say when.
MR. PARRY. Q. Have you teen any writing of his recently? A. I have seen a bill, and such like, but nothing like that in the book.
WILLIAM NORTH . I am a greengrocer, and live in Margaret-street, Clerkenwell. I have known Allen thirteen years—I have seen his handwriting, for I have paid him a good deal of money—I do not believe this "H. Allen" to be his writing—I never heard anything against his character.
Cross-examined. Q. Do you know anything at all about his dealing? A. A great deal—he has drawn coal, coke, and potatoes from me, and has paid me for them—I have seen him write hundreds of times, the last time was about two years ago—he has not been in the habit of drawing against me for the last two years.
GEORGE JONES . I am a cow-keeper and carman, in Drury-lane. I know Allen—I have had opportunities of knowing his handwriting, and have occasionally had bills from him at different times—it appears to me as if this "H. Allen" in this book is too good a writing for his; he is a very inferior writer—I very much doubt its being his—I have known him fifteen years—he always bore an honourable character.
JOHN FOX . I am an appraiser and undertaker, and keep a broker's shop. I live at 38, New-street, Long-acre—I have lived there eight years, and in the immediate neighbourhood forty-five years—I have known Allen eighteen or twenty years—he has borne the character of an honest, truthful man—I have had dealings with him, and have had opportunities of knowing his handwriting—(looking at the book) I see the name of "H. Allen" here—I do really, on my solemn oath, believe it not to be his writing, because he cannot write so well.
COURT. Q. Have you known much of him lately? A. Yes; I know his wife—I never saw her write—I am satisfied she cannot write, and I can tell you why.
SAMUEL FIELD . I am a brass-worker and gas-fitter, and live at 4, Endell-street. I have known Allen twenty two years—I always thought him an honest, truthful man—I have dealt with him up to recently—I have had opportunities of knowing his handwriting, but I have not seen it lately, perhaps not for a year and a half—this "H. Allen" is not like the writing I have seen—I have seen him write—the last time I should say was two years ago—his is a common way of writing—he would not write like a learned man that could change his hand, it would be regular and general in its appearance—I cannot charge my memory with what I last saw him write—I have seen him write his own name not a long time ago—I do not think I have seen him write his name for these two years or more—that was in his own shop—I cannot charge my memory with the occasion—I have been to his shop when goods have been delivered there—I have worked for him as a gas-fitter, not as a journeyman, but as a master—I keep a shop in Endell-street, Bloomsbury—I was not at the County Court.
MR. PARRY. Q. During the time you have known him, have you several times actually seen him write? A. I have—I have had bills of his, and acted upon them.
Several other witnesses deposed to the prisoners good character.
GUILTY.—Recommended to mercy.— Confined Twelve Months.
GUILTY . Aged 20.— Transported for Seven Years.
GUILTY . Aged 21.— Confined Twelve Months.
MR. RYLAND conducted the Prosecution.
PETER BURRELL . I live in Russell-street, Bloomsbury, and keep a coffee-stall, in Cornhill—I have known the prisoner about twelve or thirteen years. On Monday morning, 1st Dec, I was at my coffee-stall, in Cornhill, between 5 and 6 o'clock—I was warming myself over my coffee-stall, and fell asleep—I awoke, and saw the prisoner there—I said to her, "There you are, I see"—she turned round, and said, "And there you are, you b----vagabond"—I told her not to make use of that expression, but to come round, and I would speak to her—there was no one there but her and me—I heard the coffee-tap turned, and in turning round to turn it off, I received a blow at the
back-part of my head—I received more than one blow; I cannot say whether it was two or three, because the first blow stunned me—I fell over her against a truck—I did not hear the prisoner say anything before I fell—I came to myself perhaps in two or three minutes, when I ran to the fire-escape man, and begged of him to look after my things, for I must run to the hospital—I found my head bleeding—I got a man on the other side of London-bridge to help me—I went to Guy's Hospital, and have been there ever since, till last Friday afternoon—the prisoner had not asked me for any money, or anything, that morning—nothing more was said by either of us than I have stated.
COURT. Q. You say you have been acquainted with her for some time; had you lived with her? A. No; I have had intercourse with her—I am a married man, and she is a married woman—I had been in the habit of having intercourse with her—she used to come and assist my wife at first—I had often given her money before—I did not take her away from her husband; she left her husband—she said it was on my account—I do not believe so—she told me it was in consequence of his abuse—I told the Magistrate I believed she did leave her husband to come to me—I did not pay the rent of a room for her; I gave her money at different times—she often came to me and said she had not paid her rent, and I gave her money—I visited her at several rooms—I do not call that living with her, because I did not leave my home—she changed her lodging several times during the last year or two—I have visited her at all her lodgings—I heard her say, after she had struck me, that she thought she had not hurt me.
JOHN THOMAS MURIEL . I am house-surgeon, at Guy's Hospital. Burrell was brought there about 6 o'clock on this morning—he was not admitted then, bat I examined him—I found three small scalp wounds at the backpart of the head—they were then bleeding slightly, and had evidently been bleeding more—they had been inflicted with some blunt instrument, such as this (produced by the officer)—I dressed his head, and he went away—he came back at 10—he was then labouring under some inflammatory symptoms, which induced me to detain him, and he remained there until last Friday—the wounds were not in themselves dangerous, but wounds in the head always are so—I cannot say that he was ever in danger.
COURT. Q. Did he appear to have been drinking, between the first and second occasions of his coming? A. I did not observe it—the skin was broken in three places, to a very small extent—I think it must have been done with the heavy end of the poker.
ALFRED WATERMAN (City-policeman, 477). On Monday morning, 1st Dec, I was on duty near the Royal Exchange—Burrell came running to me, with his head bleeding—I saw the prisoner standing at the coffee-stall—he told me she had struck him on the head—I went back with him to the prisoner—she said, "I don't think I have hurt him, for I only hit him twice"—I took her into custody—as I was taking her to the station I heard her drop something—I got a light, and found it to be this knife (producing one)—this poker I took from her hand at the coffee-stall.
WILLIAM JAMES MITCHELL (police-inspector). On the morning of 1st Dec. I was at Bow-lane station, when the prisoner was brought there—this poker and knife were given to me—I found no marks of blood upon them—I said to the prisoner, "This will be a serious matter, if the man should die"—she replied, "I don't think I have hurt him much; I did not use the knife, I only struck him twice with the poker; but he has driven me to it by his conduct towards me, and during the whole of yesterday I had neither food or firing."
COURT to PETER BURRELL. Q. Do you know her husband? A. I do—he is a labourer, and works by the water-side—I dare say he is about her own age—this poker is not mine; it is not the one I used at my stall.
(The prisoner, in a long defence, stated that she had for seven years carried on an improper intimacy with the prosecutor, by whom she had two children; that he had induced her to quit her husband, promising to provide for her, but that during the last year and a half he had treated her very cruelly, and left her in a state of destitution almost amounting to starvation.)
GUILTY of unlawfully wounding. Aged 38.
(Inspector Mitchell stated that the prisoner's account, as to her distress, was correct.)
NEW COURT.—Monday, January 5th, 1852.
PRESENT—Mr. Ald. FARNCOMB; Mr. Ald. SALOMONS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
150. CHARLES RUSSELL and JOHN WOOD , burglary in the dwelling-house of Charles Edward White, and stealing 2 dead fowls, 4 lbs. weight mutton, 2 knives, and other articles, value 10s. 6d.; his goods; Russell having been before convicted: to which
RUSSELL pleaded GUILTY .—Aged 20.— Transported for Seven Years.
WOOD pleaded GUILTY .—Aged 18.— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
JAMES KING . I am an engine-driver, on the Dover Railway. I resided, in Oct. last, in the Old Kent-road—in Aug., 1850, I gave an order for one or two pairs of trowsers, I forget which, and a blue beaver overcoat, of M'Pherson, which were delivered to me about six weeks afterwards—this is the bill I had with them (produced)—with respect to paying the money, sometimes he would come to me when I was on the engine, and I would give him a sovereign—I have got the receipts—here is a letter which I received, demanding payment—I knew nothing of Mr. Varley—I thought I was dealing with M'Pherson.
Cross-examined by MR. WOOLLETT. Q. You have been an old customer of his? A. I have had no other transactions but what are on these bills—I did not know him before—he was recommended to me by a customer—I did not pay him all the amounts at one time—sometimes he would come to me when I was not prepared.
JOHN VARLEY . I am a clothier, and carry on business in Tottenham-court-road and the Edgware-road—Hopkins entered my service about July, 1849, at a salary of 35s. a week, and I consented to allow him a commission of 5 per cent, on all orders he brought, when paid for, and gave him to understand that I did not allow him to do business on his own account—about four or five months afterwards he called me on one side, and said he had been speaking to a beer-shop-keeper respecting the formation of a clothes' club, if I had no objection—I said I had no objection; it was his business—a few days afterwards he spoke to me again, and said he had spoken to several persons who had joined the club, but it was necessary for the club to stand in his name, as they would not support a shopkeeper—I consented to that, and
some orders for clothes were executed in Hopkins's name; "but it was not on his account—I received all the money, as far as I know—M'Pherson had previously worked for me, and he came to me in June, 1850, and said he understood I wanted a cutter—I asked him who told him so—he said Hopkins did—he said he could bring a large trade to my establishment—I spoke to Hopkins about hiring him—he said he was formerly a foreman of his, and he believed him to be a thoroughly honest man, and in great difficulty and distress—I engaged him at 25s. a week wages, and a few days afterwards arranged that he should have 5l. per cent, commission on the business he brought, on its being paid for—the arrangement about Hopkins's commission was altered just before or just after the clothes-club commenced, five or six months before M'Pherson came, when I abolished the commission, and increased his salary to 40s. a week, as I found two or three customers whom he introduced were previous customers of mine—both went on upon those terms till they left my service—in Oct., 1850, I had bill-heads printed—this is one of them (produced)—I told Hopkins that in future he was to make out the bills which he delivered to M'Pherson, on those invoices, instead of on plain paper—mine is a ready-money trade, and I had never had any invoices before—it was Hopkins's duty to receive from M'Pherson an account of the orders he had taken, and enter them in the book; and after M'Pherson had cut out the orders, to take an account of the quantity used, and enter it in the cutting-book; he was then to give the work out to the workpeople, and enter it in the work-book and in the wages-book—it was M'Pherson's place to take the goods home—it was Hopkins's duty to make out the invoice and deliver it to M'Pherson, to deliver with the goods; and if he brought home word that he had not received the money, Hopkins had a small memorandum-book, in which he was to enter it; when the money was brought home, he was to enter it on the other leaf; I gave strict instructions that I would have no goods left on credit—these two bills (produced), are in M'Pherson's writing—they are for articles supplied to a person named King—one it, "21st Oct., 1850. Mr. King to Thomas M'Pherson: 1 pair black trowsers, 1l. 2s.; ditto blue, 17s.; 1l. 19s." Signed, "T. M'Pherson"—the other is, "31st March, 1851. Balance of account, 4l.; balance due, 3s. Thomas M'Pherson"—this is my order-book (produced)—here is an entry in Hopkins's writing; "Mr. King, London end of the North Kent Railway; 1 pair of black doe trowsers, 1l. 2s."—here is another entry of a "blue beaver paletot, with silk collar and cuffs, 3l. 5s.;" and a blue waistcoat, entered at the same time, with no price named—I made that entry by M'Pherson's direction—here is another entry, in Hopkins's writing; "Mr. King, 1 pair blue beaver trowsers, 17s."—this is my cutting-book, where the materials for making those things should appear—here is an entry, in Hopkins's writing, of the cutting of the blue doe-skin trowsers for Mr. King—here is also an entry, by Hopkins, of the cutting of the coat; but there is no entry of the waistcoat—the third entry is also in Hopkins's writing—those entries indicate that the things were made of my materials—this is my wages-book; it contains entries of the employment of men to make these things, in Hopkins's writing—the trowsers at 17s. were paid for in full; and on account of the trowsers at 1l. 2s., M'Pherson paid me, on 30th Oct., 13s.—he said that was all he could get from the party at that time—here is an entry on 15th May; "Cash paid, 15s.," leaving 3l. 8s.—I have received no portion of the rest of the money—shortly before M'Pherson left, I went, one by one, through all the unpaid accounts, from the commencement, and asked him to give me the addresses of the various parties who owed the money—when I came to Mr.
King's order for the coat and waistcoat for 4l. 3s., where only 15s. was paid, he admitted that the balance was still owing—after I had finished the book, he said he could collect the whole of the accounts to a farthing, he knew the parties, and they were all respectable—I had not any notion, at that time, that he had received the money—he left my service on 1st July, and on the morning of the 2nd, I sent him a letter, discharging him—this bill for the trowsers is in M'Pherson's writing—the 7s. was paid on 30th Oct., the bill being dated the 21st—the 15s. on the March bill was received by me in May—I ought, perhaps, to name that a coat and waistcoat was entered by me to M'Pherson, by his instructions, and was afterwards altered to a pair of trowsers, by Hopkins, and the price put to them, 17s.
Cross-examined. Q. You have a great many people in your employ? A. No; at present I have only three at each shop—I have had as many as five at the Edgeware-road house, where the prisoners were employed—the name of Thompson is not up there at all; but if you want to know whether I carry the business on in the name of Thompson, I tell you at once I do—the name of Thompson is not over the door, or in any part of the building—Thompson is merely a fictitious name—I opened the business in that name eighteen months ago—Mr. Elman, my foreman, carries on the business for me—he does not have a commission; he has a poundage on all money taken beyond a certain amount each week; it is 1d. in the pound—it is merely given as an inducement to do business—I believe some of my men had the same at this time, but not the men at present in my employ; three out of five at the Edgeware-road had it, and I think two out of the three at the other shop—you may call mine a slop-shop, if you like; it is a tailoring and ready-made clothes shop—I do not know what is meant by the word slop—I should not call it a slop-shop—I made verbal arrangements with both prisoners about the commission—the names of the clothes-club are entered in this book—here are thirteen names down here—they were not persons in my employ at all—Hopkins was not one of the club; he carried it on—each member paid 1s. 6d. a week, and there was to be a draw once a fortnight, and the party who was successful had a garment made to the amount—it is not a lottery; each member has his draw in his turn; the only question is who shall get the first—I gave Hopkins authority to cut out clothes for the club—I have got the orders entered in my books—I did not take stock before Hopkins left, I swear that—I swear I did not go over the accounts—I measured a portion of the piece goods; I did so because I missed a piece of cloth out of my stock, and my object was to go through the books at some future time, and see if it was correct—that was in the presence of Hopkins—I did not express myself satisfied—I do not think I went through any silks at all on that occasion—I have no private affairs—I have a book here containing an account of the moneys owing on account of these goods.
Q. Now I see here a black mark with the word "private" written under it; why did you scratch that out? A. I had no particular object in view in scratching that out; it was done before I suspected either of the prisoners—I looked on it as not being a private account, and I thought the word had no business there—this is not headed as a private debtor and creditor account at this end of the book—this end refers to money owing by M'Pherson to me, which he had had of me, on account of goods which he had had out of my shop—I sold goods to M'Pherson for his children and for his own wear, if he required them—this is my writing, copied from my day-book—it is goods that he has had—the originals are the greater part in Hopkins's writing—I only sell goods to persons in my employ for their own use—Hopkins had
goods, and I dare say other persons in my establishment have—they always said, "If you please, Sir, I want a pair of trowsers," or "a coat," "and I will pay you so much a week out of my wages"—after the first examination M'Pherson was discharged—Hopkins was not in custody at all; he attended in pursuance of a summons—I believe he was let out on his own recognizances twice—the proceedings have never been abandoned; I went on with them before the action commenced, as far as consulting my solicitor went—I did not get out the summons—it was not four months before I took farther steps, it was between three and four months—the summonses were granted by Mr. Long, in September, six weeks before the action commenced—my solicitor did not have them—we got the Magistrate's consent that the summonses should issue, but we did not take them out till after the action commenced—I never had them in my possession—I knew of their being taken out—I cannot tell how long that was before they were served on the prisoners; it might have been a week or a fortnight, I do not think it was a month—I do not know when they were served, I think it was only a few days from their being obtained to their being served—when Hopkins left me, he went into the employment of a person, at Brompton, in the same line as myself—I only saw him there once—after he left there, I heard that he took a situation as foreman in a clothing establishment about twelve or fifteen doors off me—I do not know whether it was before or after I heard that that I commenced these proceedings—it was quite Immaterial to me about his being there—I do not know that he was carrying on a little business for himself near roe, as a tailor—I do not know how he got his living after he left me—I do not think I have seen him above twice since, except before the Magistrate.
MR. BODKIN. Q. When you found the state of your affairs, you had M'Pherson taken on a charge pf embezzlement? A. Yes; ha was taken before Mr. Long, the sitting Magistrate, and remanded—the Magistrate said he did not think the offence was embezzlement, and he was discharged—I afterwards, by the advice of my attorney, took counsel's opinion on the matter, and an application was made again to Mr. Long for me on a fresh case—Mr. Long directed a summons to issue for both prisoners to appear—I had occasion, in the course of the matter, to change my attorney, which caused some delay—I put the natters into the hands of my present attorney, Mr. Lewis, and left it to him to have the summonses served in the ordinary course—the first intimation I had of Hopkins's share in the matter was finding some papers at M'Pherson's lodgings, after he had been taken—the sum demanded of me by M'Pherson on the action is 66l.—the total amount I have received from customers introduced by M'Pherson is between 80l. and 90l.—I paid him his wages every week—(The following letter was here read: "Mr. King, I, Bridge-street, Old Kent-road—22nd Jan., 1861. You will, I trust, excuse this; but having a heavy amount to make up on Monday next will, I hope, plead a sufficient apology. I will be with you on Wednesday night, when I trust you will be prepared with the needful.")
EDWARD RICHARD SHERRON . I am a builder—in January last I ordered of M'Pherson a pair of trowsers—they were delivered to me, and the bill with them, which was for 18s., and which I paid M'Pherson at the time, and for a blue silk velvet waistcoat as well, that was included in the same bill—it was receipted by M'Pherson—I never knew Mr. Varley—I thought I was dealing with M'Pherson, and had been for some years—I think the waistcoat was 30s.
Cross-examined. Q. You have been an old customer of M'Pherson's?
A. I have—I always considered him an honest, industrious, upright man, and have heard him spoken of as such.
JOHN VARLEY re-examined. I find in this book, in Hopkins's writing, an entry of a pair of woollen cord trowsers, 18s., but no entry of a velvet waistcoat—none of that 18s. has been paid to me, nor have I received 30s. for a velvet waistcoat; I know nothing of it—Mr. Sherron appeared in my books as a debtor for 18s.—when I went through them with M'Pherson he said the 18s. was still due—the entry of the trowsers at the end of the cutting-book is in Hopkins's writing, but no particulars are given of the materials; it was his duty to enter the materials.
Cross-examined. Q. Is not the letter "R" against that? A. Yes; that means that the goods were made and paid for out of my money—I felt myself compelled to adopt that plan from the carelessness of Hopkins—I put the letter "R" because I found that they were entered in the work-book, but it had no reference to the invoice—I kept the invoices—it was Hopkins's duty to enter the cloth from his instructions.
MR. BODKIN. Q. Suppose M'Pherson got an order; what was his duty, when he came home, with reference to it? A. To cause it to be entered in the order-book, and assuming it to be entered it was then Hopkins's duty to give the materials to M'Pherson, to cut out—if Mr. Sherron ordered a pair of trowsers, M'Pherson did right in causing it to be entered in the order-book—Hopkins's duty was then to inquire of M'Pherson the material to be used, and to enter it in the cutting-book, and when the two correspond I put the letter "R," which means that it is right as far as respects the wages; it has nothing to do with the customer.
PHILIP CASEY . In June last I ordered a pair of woollen cord trowsers of M'Pherson—they were delivered to me, and I paid him 18s.—a bill was not sent with them—I did not know Mr. Varley; I thought I was dealing with M'Pherson.
Cross-examined. Q. How long have you known M'Pherson? A. I knew him about the beginning of Jan., 1851.
JOHN VARLEY re-examined. In my order-book I find, in Jan. last, "Mr. Casey, 1 pair of worsted cord trowsers, 18s.," in my writing—I took the order from M'Pherson—here is an entry in the cutting-out book just the same as that in Mr. Sherron's case, but no entry of the material—it is in Hopkins's writing—in the wages-book there is an entry of the wages paid for making them—I have not received any part of the 18s.; it was in the list I went through with M'Pherson—I told him I wanted him to give me the addresses of all the people who owed the money, which he did, and which I found was very incorrect—on the day M'Pherson left I had him into my private room, and told him, as it appeared to me that he could not get the debts in so satisfactorily as I wished, I was determined to put them into the hands of a debt-collector, and collect them myself—he said there was no occasion for me to do so; he only wanted a little time, and he would get them all in—he was very much agitated, which raised my suspicion—he did not afterwards give me the perfect addresses—he did not intimate to me, in any shape or way, that he had sold the things on his own account.
Cross-examined. Q. Did not you know that M'Pherson had customers of his own? A. No; I swear that—I did not know that he intended to keep them in the event of his leaving my employ—they were not his customers—he introduced them to me.
paid—it is receipted—in Sept. 1850, I ordered a pair of black trowsers, for which I paid 1l. 2s.—and in Dec. a pair of blue trowsers, for which I paid 18s.—this is the bill (produced)—it is receipted by M'Pherson—I bought a cord waistcoat of M'Pherson, for which I paid him 5s.—I did not have any receipt for that, I did not order it, he fetched it down and wanted me to buy it, and I did so (bills read)—"Mr. Elliott to Thomas M'Pherson, 7th Dec. 1850; one pair of blue beaver traverses 18s., settled, Thomas M'Pherson."—"Mr. Elliott bought of Thomas M'Pherson, one pair of black trowsers 1l. 2s.; one pair of blue trowsers 18s.; one pilot jacket and trowsers 2l. Thomas M'Pherson.")
JOHN VARLEY re-examined. This bill, dated 7th Dec., is in Hopkins's writing—the other bill has no date—a portion of it is in M'Pherson's writing, and a portion in some ones, who I do not know—the bill that is receipted by M'Pherson is in Hopkins's writing, and it makes M'Pherson the settler—(referring to his book)—I have an entry here to Mr. Elliott, for a pair of blue trowsers 18s., dated in the week commencing Dec. 2nd, in Hopkins's writing—I have never been paid that sum—it was in the list when I went over it with M'Pherson, and he represented it to be due—the second bill is one pair of black trowsers 1l. 2s.; receipted by M'Pherson, and there is a pair of blue trowsers added to it 18s., and a pilot jacket and waistcoat 2l—in my book I have an entry of a jacket and trowsers by Hopkins, and afterwards the jacket altered to a sporting-coat, and the trowsers altered to a waistcoat, both by Hopkins—this second debt was in the list of outstanding debts when I went through them—I received 10s. of it from M'Pherson, on the last day he was in my employ—he stated that was all he could get from the party at present—I did not know the articles were paid for when they were taken home.
Cross-examined. Q. Are they marked "R," too? A. No, because the cutting is entered in that order—Hdpkins has made out bills in my presence—I swear that in those bills M'Pherson was not made the seller, they were all made out in my name.
MARY ANN PARKS . In 1851 I ordered a boy's suit of clothes, in blue, of M'Pherson—they were delivered, and this bill was afterwards delivered (produced), and they were charged 1l. 10s.—I paid M'Pherson 1l. of it—his son wrote this receipt—he was not present.
JOHN VARLEY re-examined. I do not know whose writing this is, it is not M'Pherson's—I have an entry of these articles in my order-book, made by myself at M'Pherson's desire, "Mrs. Parks, one hussar blue cloth suit, 30s."—it is also entered in the wages-book, and cutting-out book—I have never received any part of the money for it—I am not quite sure whether that one was among the list of debts, I rather think it was, but am not sure—the entry in the cutting-out book is my own—I made it at M'Pherson's desire—I asked him particularly what quantity of cloth had been used, and he said one yard and three-quarters.
Cross-examined. Q. What is the date? A. June 1851—Hopkins was not then in my service—(bill read—"24th June, 1851. Mrs. Parks, bought of Thomas M'Pherson, one suit superfine blue cloth for Master Parks, 1l. 10l.; By cash, July 1st, 1l.")
WILLIAM BEWICK . In Feb. I ordered a pair of grey doeskin trowsers and a silk velvet waistcoat of M'Pherson—they were delivered in about a fortnight, with this bill (produced)—I paid M'Pherson 2l. 7s., and he receipted the bill—when I received those I ordered a black frock coat—I received it, and this bill (produced), and paid M'Pherson, and he receipted the bill (read—"9th Feb. 1851; Mr. Bewick to Thomas M'Pherson, rich
black velvet vest, 1l. 6s.; pair of grey doe-skin trowsers, 1l. 1s. Settled, Thomas M'Pherson"—"March 1st, 1851; Mr. Bewick to Thomas M'Pherson, a superfine black frock coat, 2l. 10s. Paid, Thomas M'Pherson.")
JOHN VARLEY re-examined. The first of these bills is in M'Pherson's writing, and also the receipt—the second is in Hopkins's writing, but I cannot say whose writing the receipt to that is—I have an entry in the order-hook, in Hopkins's writing, "Mr. Bewick, one pair trowsers, 1l. 1s.; and a fancy waistcoat," without any price against it—in the cutting-out-book there is merely an entry of the name, but no quantity of cutting—there is the "R" attached to it—there is no entry of the frock-coat in any of the books—M'Pherson paid me 10s. on account of the grey trowsers, on the last day he was in my employ—he said that was all he could get at present from the party—that was in the book as an outstanding debt—he told me the money was owing for the trowsers, but the waistcoat had not been made or delivered, the man had not had it.
Cross-examined. Q. You knew M'Pherson had been in business for himself before he came to you? A. Yes; he told me so.
LUCY FOGG . My husband has died since this matter; he used to deal with Mr. Varley—in Jan. last year, my husband went to his shop, and some waistcoat patterns were afterwards brought to me by Hopkins, in this book—(reduced)—I am certain this is the book, because Hopkins pointed out this pattern (pointing to it), saying it was a serviceable one; and I said we had it before and the colour flew—I chose one waistcoat for my son, and another for my husband—I also ordered a coat and trowsers for my son—about a week after they were delivered, this bill (produced) was brought by Hopkins, and I paid it, 6l. 9s.—this bill makes me debtor to Hopkins, and then that is passed through with a pen, but I did not observe it at the time—he gave me this receipt—(read)—"Jan. 1851; Mr. Fogg, to C. Hopkins, one dress coat, 3l.; one satin vest, 18s.; one pair black trowsers, 1l. 10s.; one rich figured satin vest, 1l. 1s.;—6l. 9s. Paid, Jan. 18, 1851. Charles Hopkins.")
Cross-examined. Q. Do you know Mr. Varley? A. I have lived a few doors off him for ten or twelve years, and have had several dealings with him—Hopkins worked for my son, when he was in business himself some years ago, in Oxford-street—he called that to my memory when he called and said if I left it to him the coat should be well made.
JOHN VARLEY re-examined. I knew Mr. Fogg—before the date of this bill I was told he had been to the shop, but I did not see him—this bill is in Hopkins's writing, and makes Mrs. Fogg debtor to Hopkins—I have no entry of the transaction in my books—these are the coat and waistcoat (produced)—I cannot speak to the cloth, but the trimmings and lining I can say were made at my shop—I missed eighteen or twenty yards of this sleeve-lining all of a sudden out of the shop, and no one knew where it was gone—I also recognise the pattern of the buttons—in June, 1850, I bought several lengths of figured satin, and among them the same patterns as these two waistcoats—this (produced) is a portion of each pattern which I have in stock now, and these two patterns in the pattern-book are of the same stuff—they were put into the book by Hopkins, at my direction—I bought three yards of one of them; one yard only has been used, and I have only one yard left—I am short one yard—it takes about a yard to make a waistcoat of this size—of the other one I bought three yards and a half—none of that has been used—I sent one yard and three-quarters to my other shop, and I produce a yard now—I am three-quarters short.
Cross-examined. Q. Are they not very large waistcoats? A. One of them is—a yard will make a very large waistcoat—I am sure it would not take one and a quarter—I have many entries here in Hopkins' writing, where only three-quarters or seven-eighths are used—it is rather uncommon material.
THOMAS PILE . I am attached to the Iron Steam-boat Wharf, at Nine Elms. In Aug., 1850, I ordered a coat of M'Pherson, and afterwards a waistcoat and trowsers—they were brought home by M'Pherson—I paid him for them—these are the receipts (produced)—I paid one in Dec., and one in Jan. (read—"23rd Dec., a brown coat, 1l.; trowsers, 28s.; 2l. 8s.," and then there is 1l. taken off for a pair of trowsers which he had made for me before, which were returned, "Jan., 1851. Superfine blue trowsers, 1l. 4s.; waistcoat, 16s.; 2l. Received, Thomas M'Pherson."
Cross-examined. Q. Have you known M'Pherson some time? A. Yes; I believe him to be a very respectable man, that is the character he has borne.
MR. BODKIN. Q. Had you bought a pair of trowsers of him before? A. Yes, two or three years ago, when he was in Poplar—they were delivered, and I paid him for them—I afterwards sent them back, and he owed me for them—in Dec, 1850, he came to me, and said he was very sorry he had not returned them, but bad fortune had befallen him, and he was then willing to make me another pair—1l. was taken off this bill for them.
JOHN VARLEY re-examined. This small bill is in M'Pherson's writing, and the other in Hopkins's, the one settled is in M'Pherson's—I find in my book, in Hopkins's writing, "Mr. Pile, Iron Steam-boat Company, one sporting coat and trowsers," that is cast up "1l. 8s." instead of 2l. 8s—there is an entry of it in the cutting-book, by Hopkins—there is no entry of a waistcoat to Mr. Pile, or of the trowsers which were given for the old debt—there are entries of them in the wages-book for the making of them.
Cross-examined. Q. Is not that waistcoat a very common pattern? A. No very uncommon—it may be bought at other places.
GEORGE HAWKER (police-sergeant, S 9). When M'Pherson was charged with embezzlement in July, I searched his lodging, and there saw a little boy, with a file of papers in his hand, looking at them and there were papers under the fireplace—I took possession of some of them, and marked them at the time—these are two of them (produced).
Cross-examined. Q. M'Pherson gave himself up? A. Yes; some of the papers were on a file, some under the fireplace, some in a drawer, and some under the bed—none of them were torn out of any book.
JOHN VARLEY re-examined. These calculations on this large paper are in Hopkins's writing, and the small one in M'Pherson's—(These were several items of articles delivered, the price of making being deducted, and the balance equally divided).
Cross-examined. Q. Were these papers torn out of any book? A. No. The prisoners received excellent characters.
M'PHERSON— GUILTY . Aged 49.
HOPKINS— GUILTY . Aged 41.
Confined Twelve Months.
There were two other indictments against Hopkins and six other indictments against M'Pherson.
OLD COURT.—Tuesday, January 6th, 1852.
PRESENT—Mr. Ald. FARNCOMB; Mr. RECORDER; Mr. Ald. MOON; and Mr. Ald. CARTER.
Before Mr. Recorder and the Second Jury.
MR. BIRNIE conducted the Prosecution.
THOMAS CHAMBERS . I am a mat-maker, of 7, Baker-street, Green-street, Bethnal-green. About half-past 7 o'clock in the morning of the day before Christmas-day I gave a horse to my boy, to turn out to graze—he came home about half-past 5, and in consequence of what he told me I went to look for my horse, and could not find it—on the Friday following the police-inspector showed me the horse—I told him the different marks on it before he showed it to me—I had no doubt it was mine—it is worth 2l.
CHARLES CHAMBERS . I am the son of the last witness, and live with him. I turned his horse out to graze in the field next to Victoria-park about half-past 7 o'clock in the morning of the day before Christmas-day—the field opens into Victoria Park-road—I went to look for the horse at 4, and could not find it—I saw it again on the Monday—the inspector had it—I am quite sure of it by the marks—it is white on the fetlock behind—my father had had it about seven weeks, I believe—I had been in the habit of cleaning it and taking care of it.
WILLIAM LANAAN (police-inspector). On the morning of 24th Dec. I was on duty at the lower end of Romford-market, and saw Grant with a horse—I told him to move on, and, in consequence of something said to me, I followed him and the horse—I came up to it a second time, when both prisoners were together—Christie had hold of it—when he saw me coming, he let go of the halter at once—I was in uniform—I asked Christie where he had the horse from, and whose it was; he made me no answer—I then asked Grant where they had the horse from; he said, "We have only rode him down eleven or twelve miles"—I asked where he had him from; he said, "From Globe-lane, Mile-end"—I asked who it belonged to; they did not know—I took them both into custody, and the horse—Chambers afterwards gave me a description of the horse, which corresponded with it—he afterwards saw it—I showed it to the younger Chambers on the Monday following; they both identified it—there are a great many horses for sale every Wednesday in that market; but when I first saw Grant, he was not at that part of the market where the horses were selling, and I told him to go to the other part of the market, where they were selling.
COURT to THOMAS CHAMBERS. Q. Do you know Globe-lane? A. Yes—it does not adjoin the field where the horse was turned out; it does not adjoin the park—there is no gate or fence to the field—there were houses building—the horse could stray into the road if he liked—Globe-lane is about five minutes' walk from there—if a horse strayed out of that open ground, it might go on to Globe-lane—I used to take the chance whether it strayed or not.
JOSEPH FRANKS . I am a groom. On 24th Dec. I was going to Rom-ford-market—I overtook the prisoners near Bow-church, about half-past 8 o'clock—Grant was getting on the horse—I should say it was worth 15s. or 16s.—I passed them, and left them—I afterwards saw them come into
Romford with the horse, and laid to Grant, "Whose is this horse?"—I know he used to work at Mr. Wells's, the horse-dealers, and asked him whether it was one of Mr. Wells's—he said. "No, it belongs to this young man, Christie"—I was going to buy it, but thought Christie did not look as if he had a horse of his own, and said to Grant, "I think you have stolen it"—he said, "You know, you know"—my looking at it caused a little obstruction, and the officer told them to move on—I asked Grant the price of it; he said, "30s."—I did not like to buy it, at I did not like the appearance of the chaps.
Grant. I never said a word about the price, it was the other boy who was with me. Witness. I am quite sure Grant offered it to me for sale, and to the best of my recollection 30s. was the price—there was another boy with them, but I am quite sure it was Grant that named the price.
Grant's Defence. We were coming down Grove-lane, on Wednesday morning, and saw the horse straying along; the other boy with us caught him, and said he would take him to Romford; we tried to persuade him to take him to the Green-yard, but he would not, and just as we got to Romford I rode it into the market; the horse dealers came round us, and wanted to buy it; I came out of the market, and met Christie; I went with him into the market again, and the other boy asked 35s. for it; the officer would not take the boy who was alongside of us.
WILLIAM LENAAN re-examined. There was a smaller lad, who wished to be taken into custody; he wished to be taken with them, wherever they were going—I did not take him, because I did not see him have anything to do with the horse, and I had no charge against him—he did not interfere with the horse to my knowledge—he was about twelve or thirteen years old.
Prisoner Grant. He is seventeen; he was stroking the horse's back when you came up and took us.
CHRISTIE received a good character.
GUILTY . Aged 17.
GRANT— GUILTY . Aged 17; both strongly recommended to mercy by the Jury.— Confined Three Months each.
GUILTY .**† Aged 16.— Confined Twelve Months.
GUILTY . Aged 18.— Confined Three Months.
THOMAS WEAKS . I am a medical student. On 30th Dec. I was passing through Long-lane, Smithfield, about 8 o'clock in the evening—I felt something behind me, looked round, and saw the prisoner with my handkerchief in his hand—he threw it into the street, and ran away—a friend who was with me followed him, and caught him—I gave the handkerchief to the officer.
FRANK MARSH . I am a medical student. I was with Mr. Weaks, and saw the prisoner with the handkerchief in his hand—he ran a way, and I ran after him, and caught him—he threw it back—I followed him halfway round Smithfield.
Prisoner. At first he said he did not see the handkerchief in my hand, he saw it lying on the ground. Witness. I said no such thing.
Prisoner's Defence. There was a woman and a little boy behind the gentleman; the gentleman hallooed out that there was a little boy at his pocket; the boy chucked the handkerchief away, and I ran after him and was caught; I get my living by work.
GUILTY .* Aged 20.— Confined Six Months.
JULIA LANCET . I am the wife of Samuel Lancet, a tailor, of 12, Crosby-row, Walworth—in Dec. last we were living in Steward-street, in the liberty of the Tower, the house of Mr. Hyman, my brother-in-law; the prisoner was his servant. On 10th Dec. I missed my purse, containing 1l. 7s. 6d., and a silver coin with a small hole in it, from the pocket of my dress, which I left on a chair in my sister's bed-room—on Saturday, 13th Dec., I went to my sister's to search for the money—I looked in the cupboard in the kitchen, and saw the prisoner's box there—I know it was hers because she claimed it—I found in it a purse, which was not mine, which contained at one end 1l. 7s. 6d. in gold and silver, and my coin, and at the other end 1s. and this ring—I believe this (produced) to be the coin I lost—I had had it about twelve months—I told the prisoner there was my money in her box—she made no reply—afterwards she said it was her own; that was about a quarter of an hoar before the policeman came.
Prisoner. She said she sent her money borne in her frock-pocket by a boy. Witness. I did say so at first, but I found out afterwards I had left it at home, on a chair—I found that out by coming home again.
ABRAHAM HYMAN . I am a wholesale-furrier—I married the sister of the last witness; she has been living with us twelve years. On 13th Dec. I came home, about 2 o'clock—my sister-in-law showed me a purse and a ring, which belonged to my daughter, who is twelve years old—I went down to the kitchen, and said, "Mary, this is a bad job; how is it you have been stealing Miss Julia's purse?"—she said she had not done so; it was her own money—I asked her if the ring was her own, and said she had better tell the truth—she said she found the ring when she was making Miss Rose's bed—this is the ring; it is of very trifling value—there is no mark on it—my daughter had not worn it—she only used to have it to play with—the prisoner's wages were 5l.—she had lived with us not quite three months, and had had about a month's wages—I had not paid her as much as 1l. 8s. 6d., but she had about half a guinea given to her in presents, when we had a party—we had a very good character with her.
GUILTY . Aged 20.—Recommended to mercy by the Prosecutor.— Judgment Respited.
MESSRS. RYLAND and LOCKE conducted the Prosecution.
WILLIAM CRISPIN . I live at 9, New-court, Moor-lane, Cripplegate, and am a journeyman dyer. I recollect boxing night, 26th Dec.—about 7 o'clock that evening, I sent my daughter, Mrs. Gay, out for change for a sovereign—I thought she was gone rather longer than she ought to be, and went out
to look after her—I went to the Crow public-house, which it nearly opposite the court where I live, in Moor-lane—I saw her there, about receiving the change of the sovereign, and I noticed Oxley there, close to her—I did not notice anybody else—there were twenty or thirty people there, I should say—the front of the bar was full of people—I followed my daughter out of the door, towards my own house—I was not more than two yards behind her, and as I was about turning the corner of the court I was knocked down, by whom I do not know—I received the blow in my months—I should say there were two or three persons near me at the time—I could not say how many, as I was knocked down so suddenly—I should say there was more than one—directly I was knocked down I was kicked—I saw who kicked me; it was Oxley—I begged for mercy—that was while I was down—I called him a coward, and asked him what he was kicking me for—I was kicked about the head by Oxley; but it is nearly well now—I was also kicked, in other places—I said to him, "You have kicked my head nearly all to pieces, and now you are satisfied; you have broken my arm; what have I done to be served in this manner?"—I did not know at the time that my arm was broken; but I felt in sad pain—I felt a kick, on my arm—there was no one near me at the time but Oxley, and it was, under a gas-light—I had an opportunity of noticing him well—I became insensible, or nearly so—before I became insensible I attempted to get up—I had nearly got up, and Oxley kicked me in the front of the head, and I saw three men, rushing into my house after my son, and I heard one of them say, "Pull the b----out"—they were like beasts going into a slaughter house; they hardly knew which to get in first—I was taken to the hospital, and had my arm set—I have still got it in splints.
Cross-examined by MR. CLARKSON. Q. Had you been boxing that day? A. I had been out in the day—I had been, as the rule is in our trade, getting Christmas-boxes—I did not get a pretty good allowance of drink as well—we confine ourselves to getting money—only my fellow shopmate and myself, the dyer, were out that day—I had had a little to drink, but not anything out of the way—I take a little now and then; never anything out of the way—I am in the habit of attending to my work, and my master can prove I am a very steady, sober man—I am not in the habit of drinking—I do not know a man of the name of Maples (Maples was here called in)—I do not know that man—one of the officers has a poker—it is mine—I did not have it in my hand that night—I do not know about my son—I did not see him with it—he was not using it, to my knowledge—I was knocked down, and was lying insensible—I should say I was knocked down in three minutes after I had seen Oxley at the Crow—it was not five minutes—I very seldom go to the Crow—we send there for our dinner beer—I do not know the name of the bar-maid there—I have seen her—the landlord's name is Bird—it was not as much as a quarter of an hour from the time I went to the Crow till I was knocked down—I am sure it was not half an hour—I found that my arm was broken directly I was kicked—I suppose this quarrel between me and Oxley (if he called it a quarrel), did not last three minutes—I gave no insult or provocation whatever—I had never seen him before—I have not made any inquiry about him or his friends since, I am quite sure—I have a brother named John—I never authorised him to accept money from Oxley's friends, or to say anything about money; nor am I aware that he has done so—if he has, it is unknown to me—the police found a brown cap in my room—it belonged to one of the party who rushed into my house—they left it behind them—I know Joe Roe's house—I have known Joe Roe from his cradle—he worked for my brother years ago—that is how I know him—he
keeps a public-house—he has been a fighting man—I have never been to fights with him, nor made any bets upon them—I know nothing about fighting—I do not know how long Joe Roe has been a fighting man—I have been at his house ten or a dozen times, not much more—I have not been very intimate with him, only knowing him when he was a boy; indeed, it would not do for me to associate with those characters—I often pass him in the street without speaking.
WILLIAM CRISPIN JUN . I was living with my father in New-court. I remember boxing-night—my sister, Mrs. Gay, went out about 7 o'clock for change—after she had been gone four or five minutes, my father went out after her—I remained at home—nothing happened till my sister came home—she said something to me, and I was in the act of going out when I was knocked down on the step of the door by a man's fist—there were three or four others with him—I went in doors on my hands and knees, and then got up—Burke and two other men followed me into the house—they rushed in like a lot of beasts in a slaughter house, they hardly knew how to get in first—I got up, and Burke knocked me down with his fist—I did not know him before—he took the poker, and stood over me, and swore he would have my b—y life—he struck me once or twice about the body with the poker—I begged for mercy, and Burke and the two others dragged me out of the court; after that he held me three or four feet high, and dropped me on the stones in the court—I lay senseless and saw no more.
Cross-examined by MR. CLARKSON. Q. Do you know a man of the name of Maples? A. No (looking at Maples)—I should think he is one of the party that was in it—he had a yellow handkerchief on then—I cannot say that I know his face, but I go by his hair and yellow handkerchief—I do not know Chiverton by name—(Chiverton was called in) I do not know him—when my sister came back, she knocked at the door, and I went and opened it—I did not come up to the door and say, "Halloo! what is all this noise about?"—I was in doors—Chiverton did not say to me, "This woman has pulled the stove off my shoulders"—I did not reply, "It is my sister"—I had not been out boxing—I do not know Williams by name—(Williams was called in) I did not see Williams and Maples coming through the court at that time—I could not see their faces at all, it was in the dark—I cannot say whether Williams was there, I do not know him—I did not hit Maples with my fist—I was thrown down directly I got out—I did not knock him against the shutters of my father's place, nor did my father in my presence—I did not have the poker in my hand that night, nor use it; I was beaten with it—I did not go to any medical man to show him my injuries—I was black, and blue, and green, and all manner of colours—I did not go to the Crow that night with the police—I do not know Elsom by name—(Elsom was called) I did not see that man at the Crow when Oxley was there—I did not point him out as the man that had assaulted me, and then say I had made a mistake, it was somebody else—I pointed out Burke—that was at my father's house, the police brought him there—I know nothing of what happened at the Crow—I do not recollect seeing Elsom—I do not recollect his saying, "What have I done?"—I did not then say, "Oh, that is not him, it is the other," and then point out Oxley—I never saw Oxley at all that night till he was in the station-house—I have an uncle named John—I do not know of his going to offer to settle this with Oxley's friend for 5l.—I never heard of it—I do not know Joe Roe—I have heard of him, I have heard people talk about him—I never heard my father talk of him—I never saw him in my father's company, I swear that—he is a pugilist, I believe—I have heard so—I never saw him fight—I
am not aware that he is anything besides a pugilist—I do not know where he lives—I am not aware that he keeps a public-house close to us—I have never been to it.
JOHN CRISPIN . I am fourteen yean old, and am the son off William Crispin; I was playing in the court about 7 o'clock on boxing-night, and saw my father lying down and Oxley kicking him—I knew Oxley by sight before—I have seen him several times about Moor-lane—I called out to him and said, "Mr. Oxley I know you"—I then went to see whether I could see a whether I could see a policeman, but could not—I went up Moor-lane—I did not go to the station.
Cross-examined by MR. CLARKSOIN. Q. Have you got an uncle John? A. Yes, he is here to-day—the first I saw of this was my father on the ground and Oxley kicking him—I do not know where my brother was at that time—there was not a regular row in the court—I heard nothing of any row—there Were two or three people round my father—I do not know who they were—I was playing out in the court—I did not see my brother William with a pocket—I was coming from Milton-street, when I saw Oxley kicking my father—I was close at home then—Oxley did not go away when I said, "I know you," but kept on kicking—after I returned from looking after a policemen, I went in-doors, and saw my father sitting on a chair holding his head, and he said his arm was broken—that was about three minutes after I had seen Oxley kicking him—my sister and brother and brother-in-law, William Gay, were in the house, and also my mother—nobody else.
SOPHIA GAY . I am the wife of William Gay, and live with my father in New-court. On boxing-night my father sent me out about 7 o'clock for change for a sovereign—I went to the Crow, it did not take me above a minute or two to go, it is just across the road—the front of the bar was full of people—I was there two or three minutes before I could get change—I saw Oxley in front of the bar—I did not notice anybody else—as I was getting my change my Father came into the house—we went out together—I went out first—he held the door while I went out—I had got across the road, and as I was about entering the door I heard a noise, like a scuffle, turned round and saw my father knocked down; I cannot say by whom—I went into the house and saw two or three men enter the house and drag my brother out—I stood on the stairs with my baby in my arms when they entered the house—I had not ray baby at the public-house—my brother or my husband had it, and when I got in doors I took it out of their arms—I can swear that that is one of the men that came in (pointing out Burke)—I had not known him before—I was on the stairs when I saw them drag my brother out—Burke took hold of my brother in the room—I was then on the stairs—that would prevent my seeing it—I saw them when they came into the entry—I swear Burke is one of those men—I do not know what became of my brother, they took him out into the court, and I saw no more of him till he was up stairs.
Cross-examined by CLARKSON. Q. How much in advance of your father were you, coming home? A. About a yard—I did not meet a man with a stove on his head—(looking at Chiverton and Hart, who were called in) I did not see those two men that night—I have never seen them before—I did not push a stove off Chiverton's shoulder—there was a piece of work before this row commenced, I should think about five minutes before—it was not exactly a row—it was before I went to the public-house for change—I had been there for 6d. worth of gin—my mother had sent me, as there were two or three persons at my mother's—it was not for my father—I do not know
that he knew I went for it—he had not been drinking at all, I could tell by his appearance—I was coming up the court, and two men met me—I do not know whether it was Chiverton or Hart—one of them drove up against me and knocked me up against the wall—I asked them where they were driving to, and they turned round, and used most dreadful language—I took no notice of it, but went in doors—I did not push a stove off anybody's shoulders—I cannot say whether either of the two men had a stove on his shoulder—I did not see it—I do not remember Hart saying to me, "What did you do that for?" nothing of the kind—I ran in, and shut the door—I should think it was about five minutes after that my father sent me out for change—I did not see that one of the men had a sack of charcoal on his back, and the other a stove—I must have seen such a thing if he had—I do not remember seeing it—when I went in doors, my brother William was at home, and sitting by the fire with my husband—he did not come up just at the same time—he did not go out till he was dragged out—I did not hear him say, "What is all this noise about?"—I will swear he did not say so in my hearing—he did not have a poker in his hand—I did not see it—I did not go out again after I came in with the change.
MR. RYLAND. Q. Was your father at all the worse for liquor that evening? A. No—I was not tipsy—I left my brother in the house when I went out for the gin, and found him there when I got back.
MARY ANN SANDHURST . I am the wife of William Sandhurst, of Vine-court, Moor-lane. I went into the Crow on boxing-night, about half-past 7 o'clock or later, to look for my husband—I saw Burke there, with a poker in his hand—I said, "Oh dear, what do you do with that?"—he said if he had not wrenched it out of a man's hand, he would have killed somebody or himself—he gave it to me by order of the lady of the public-house, and I gave it to sergeant Knight, and his private, who was with him.
EDWEARD KNIGHT . (City police-sergeant, 72). I received this poker (produced) from Mrs. Sandhurst—I have known the prisoners two or three years—I saw them at the Crow between 6 and 7 o'clock that evening—as I passed I spoke to them, and after that I saw Burke again, at Lobee's, another public-house—I did not see them together again till they were in custody at the station, on this charge.
THOMAS PHILLIPS (City-policeman, 128). About half-past 9 o'clock on boxing-night I took Oxley at the Crow—young Crispin pointed him out as one of the party who had assaulted his father—he denied the charge—I saw marks of blood on his knuckles and on his shirt.
Cross-examined by MR. CLARKSON. Q. Was there a man named Elsom there? A. I do not know—there were several men there—I did not hear young Crispin say he had made a mistake, and that Oxley was the roan, having first pointed out another man—Hodges, a policeman, went in at one door, and I went in at the other.
JAMES GIBSON (City-policeman, 139). On 26th Dec, about half-past 10 o'clock at night, I was in Moor-lane—Burke came across to me, and said, "I don't think Oxley is the man; I can show you the man who used the poker"—I said, "Do you know who the man is?"—he said, "No, but I daresay I can find him"—I said, "Where do you suppose he is?"—he said, "I will go with you; he is very likely at the man's house (Crispin's)"—I had seen Burke before that night, when Oxley was in charge—Burke had been to the door of the station, and I had been round, and was going up Moor-lane again, and he was going down when I met him—he said he did not know the man's name, but he daresay he could find him—I asked him
if he would go with me to see if he could find him—he said be would, and that it was a one-eyed man who had the poker—he took me to 9, New court, Crispin's house—I asked Mr. Crispin if there was a one-eyed man there—he said his son had but one eye—I asked him if he was it—he said he was gone to bed—he was called up, and said, "That is the man who dragged me out of the house," meaning Burke, and gave him in charge—I cannot say whether Burke spoke; I cannot say he did not—I took him into custody at once—when he got to the station he said be took the poker from Crispin's son—I saw a spot of blood on the front of his shirt, but in the morning it was gone, and the shirt looked as if the piece had been bitten out.
Cross-examined by MR. CLARSON. Q. I suppose Moor-lane is a place where you have rows sometimes? A. Yes; it is a noted place for that, and except to have rather more rowing on boxing-night.
MR. CLARKSON called the following witness.
DANIEL HART . I am in the employ of Messrs. Wright and Nash, of Oxford-street; they sell stoves. On 26th Dec, about half-past 6 or 7 o'clock, I was in New-court, with William Chiverton, who was carrying my stove, and I was carrying two bushels of charcoal—the prosecutor, and Mrs. Gay, and a young man, who I should know if I were to see him, were standing in New-court—Chiverton asked them to let us pass—one of the three used bad language—Chiverton retaliated, and Mrs. Gay came behind him, and knocked the stove off his shoulder—this Was hot above a dozen yards from the Crow—Stephen Maples and Joseph Williams were passing through the court—they asked me what was the matter—I told them, and Mrs. Gay knocked Maples down with her hand; then he ran to where they lived, and called to some man, who came out with a poker—I do not know whether that was young Crispin; I cannot identify the man—it was not very dark—I did not see the man do anything with the poker—I took up my stove, and walked away—the woman went in doors—I did not see Burke or Oxley there—I saw no assault committed by them on the prosecutor or his son—Chiverton and I went on; we went into Bath-street, City road and delivered the stove—we had not come from Wright and Nash't together I had met him—we did not go into the Crow after the row—I saw no fighting, except Maples being knocked down—I do not know whether he bled; I did not stop.
COURT. Q. You never saw Oxley? A. No; I did not get anybody to go back with me to help me. I never told anybody what had happened.
Cross-examined by MR. RYLAND. Q. Did you stop to pick up Maples? A. No; he bad not done anything to be knocked down for—I first told this story last Tuesday evening to George Oxley, the prisoner's brother, who lives in Moor-lane—neither Oxley nor Burke were present when Maples was knocked down; I have known them six or seven years—George Oxley asked me if I would come up and state about the stove; to. state what I know about it—he did not mention the stove, I mentioned it to him—his brother William was present—he first asked me if I knew anything at all about that row in New-court; I said I knew nothing about the row—I live close by at 5, Vine-court, Moor-lane.
MR. CHARNOCK. Q. Who was it called out to get the poker? A. The young man who was with the prosecutor; he went and tapped at the shutters—I do not know what name he called out, but be called out, "Bring out the poker"—I should know him again—that was after Maples was knocked down.
met Hart in Moor-lane, and carried a stove for him—when we got into New-court there were two men, I only know one of them, young Crispin, and a young woman who was standing up here a little time ago—there were only those three persons—I asked them in a civil quiet manner to move—the young man used abusive language, and I retaliated; the young woman ran behind me and pushed the stove off my shoulder; Hart said, "What did you do that for?" and the young woman ran away, and went into the second door—Maples and Williams came up; Williams said, "What is the matter?" and directly he spoke he had a blow from young Crispin in his face, which knocked him down—he struck Maples again, and then he called some man by his name, I cannot recollect the name, and said, "Bring out the poker"—a poker was brought out and given to young Crispin—I did not see him use it—directly he said that I went away.
Cross-examined by MR. LOCKE. Q. What time was this? A. Between 6 and 7 o'clock—I have known the prisoners between fife and six years—I never mentioned anything about this to anybody; Robert Oxley's wife asked me what I knew—Hart is her brother-in-law, I am no relation to either of them—we call her Mary Hart, but her name is Mary Oxley—I did not go before the Magistrate, though I knew Oxley was taken up—I never said a word about it—I am a hot-presser, but have nothing to do at present—I was at work at the old trade last in the summer time—I am now obliged to sell apples in the street, because they are only busy in the summer time—I am quite sure Williams was struck by young Crispin; the effect of the blow was that a lump fuse, which I saw next morning—he also cut Maples on the side of the eye with his fist.
MR. CHARNOCK. Q. Have you any interest in this question? A. No; I am not related to them—I saw Williams next morning in New-court—Maples, Williams, me, and Hart live near together.
STEPHENS MAPLES . I am a drover, and live at 8, Half Moon-alley, Little Moorfields. On Friday evening, 26th Dec, about 7 o'clock, I was passing through New-court, Moor-lane, with Williams, and was knocked down against a wall—I do not know who by—I know the house where Crispin lives; it was not there, but just at the corner of the court, under the lamp—I saw Chiverton and Hart.
Cross-examined by MR. RYLAND. Q. You, Williams, Chiverton, and Hart were the only four people there? A. That was all—it was not an invisible hand that knocked me down, or a blast of wind, I was stunned, I did not see it; I felt it—I do not think it was Hart—the minute I went into the court I was knocked down—I got up again and ran away—I saw sergeant Knight and told him—I was not above two minutes in the court.
MR. CLARKSON. Q. Do you know what "invisible" means? A. No; the reason I did not see the band that struck me was, that it was dark—I had no time to look round, or anything; I had done nothing to anybody to cause that violence to me—there were twenty or thirty people at that end of the court—I ran to sergeant Knight, not to the Crow.
JOSEPH WILLIAMS . I live at 7, Hartshorn-court, Moor-lane. On 26th Dec., about 7 o'clock, I was coming by New-court with Maples—I was struck by, I believe, young Crispin—it was a man with one eye—I had done nothing to give him provocation, I only asked what was the matter—Maples was struck directly afterwards, I did not see who by—(the younger Crispin was here brought into Court)—that is the man who struck me.
barmaid at the Crow—I know the prisoners—they were there on the evening of 26th Dec.—they had been there all the afternoon—Mrs. Gay, the daughter of Mr. Crispin, came in for change for a sovereign—her father came in, and asked her for 5s.—she went away with him when I had given her the change—the prisoners remained there to the best of my belief half an hour after that—I am quite sure it was more than ten minutes.
Cross-examined by MR. LOCKE. Q. How many persons were there in the place? A. From twenty to thirty, it was crammed—they were in front of the bar—after Mr. Crispin and his daughter left, the prisoners were singing songs—they were singing a song when Mr. Crispin and his daughter came in—they joined in chorus, and sometimes it lasted, ten minutes, sometimes a quarter of an hour—I do not believe the prisoners saw the money—it was put into the prosecutor's hands, and he treated a strange man with a glass of spirits and a glass of wine—I have known Burke ever since I lived there—he was in the habit of frequenting the house, but Oxley I never saw but once before—about half-a-dozen of them went out after Mr. Crispin had left—I did not look at the clock—I do not notice the time when I am busy—I cannot say whether it was 5 or 6 o'clock—my master was there at the time—he is not here.
MR. CLARKSON. Q. Whatever the time was, do you believe it was half an hour after the daughter and father left that the prisoner left? A. It was from a quarter to half an hour—I cannot say that any communication was made that led to their leaving—I saw no boy come in, but I heard it rumoured in the shop—the prisoners came back in five or ten minutes, and remained a long time, and appeared very quiet—I saw a poker in Burke's hand when he returned—I did not see it delivered to sergeant Knight—I asked Burke how he came by it—he smiled, and said he had taken it away from a man who was beating somebody else—I know Mrs. Sandhurst—she was present at the time—I do not know whether he gave it to her or to another woman—I something, but I believe as Burke is deaf, he did not hear it—I know nothing of the prisoners or their families.
COURT. Q. You say they came back in five or ten minutes, did they come back together? A. Yes; three or four or more came back together—I do not know any of their names—there were a great many women among them—I have seen that man (Elsom) once or twice in our house, but not that night—I did not see him with those who came back—when they went out I heard a man say, "Why don't you go into New-court? there is a row there," and they all rushed out—Mrs. Gay was there twice—it was ten minutes after the last time she left.
JAMES ELSOM . I live at 5, Hartshorn-court, Moor-lane. I was with Oxley at the Crow when young Crispin came is with the policeman—it was between 8 and 9 o'clock—I was going to have a pint of beer, and in came two of them, and said, "This is one of them"—it was not a man with one eye—I should know him if I were to see him—it was not a boy—the persons who came in were a man with a broken arm, and another one; I believe it was his son, who said, "That is one"—I do not know the man with the broken arm—that is the man who came in (pointing to the elder Crispin), and another man with him—the policeman laid hold of my collar—I said, "No, I have done nothing"—the man then said, "That is one." pointing to Oxley—it was not the man's little son who pointed me out—it was the son who was outside here with this person (the elder Crispin).
COURT to WILLIAM CRISPIN, SEN. Q. Did you go to any public-house?
A. Yes, with this son who is here—my son-in-law did not go with me—I bled wonderfully from the wound on the back of my head.
JOHN HOWELL . I am foreman to Mr. Nash, a stove-maker, of Newgate-street. Oxley has worked for him five or six years—it is the same firm as Wright and Nash—they have two places of business—Oxley was absent on boxing-day—it was a general holiday—he is one of the best men I have, one of the most quiet and sober.
Cross-examined by MR. RYLAND. Q. What period did he work for you in 1848? A. Not at all, nor in 1847—this was the first winter he has worked for me for three or four years—I only employ him now and then in the winter, but I have seen him occasionally selling his goods in the street, and have bought baskets of him.
James Pole (City policeman) stated that both prisoners had been summarily convicted of felony seven years ago, and that Oxley was sentenced to three months imprisonment in 1848 for violently assaulting the police, and attempting to rescue his brother from custody.
OXLEY— GUILTY . Aged 22.— Confined Eighteen Months.
BURKE— GUILTY . Aged 23.— Confined Twelve Months.
NEW COURT.—Tuesday, January 6th, 1852.
Before Mr. Common Serjeant and Sixth Jury.
GUILTY . Aged 17.— Confined Four Months.
GUILTY . Aged 16.— Confined Four Months.
GUILTY . Aged 17.— Confined Two Months.
MR. WOOLLETT conducted the Prosecution.
THOMAS STAIN . I am foreman to Mr. Richard Palmer, a farmer, at Enfield Highway. On 20th Dec. I went fn a field of his, called the Broadfield, about a quarter-past 12 o'clock in the day—I saw the three prisoners in the act of putting up potatoes in two sacks—they saw me, and ran away up the field—I followed them till I overtook them—my master's men had been the same day getting potatoes—I followed the prisoners about 200 yards; they kept running on—I did not follow them after I knew them—I afterwards found this sack; it has the name of Thomas Reynolds on it—I know by the size of the sacks that they had about six bushels of potatoes in them.
Winters. Q. Did you overtake me? A. Yes, I did.
Dredge. He swore that I was there, and he never saw me there it all. Witness. Yes, I saw you by the side of Mr. Palmer's garden.
Hall. You did not see me at all. Witness. Yes, I saw you ran away.
MR. WOOLETT. Q. How long have you known the prisoners? A. Twelve months, I dare say—I have known Winter two or three months.
THOMAS SMITH . I am a labourer, and work for Mr. Palmer, of Enfield Highway. On 20th Dec. I went into his potato field, about a quarter-past 12 o'clock—I saw Winters pick up a sack off the ground and run through the brocoli into Mr. Palmer's garden—the other two prisoners were with him—I ran round to the back of the White Lion, and saw Hall and Dredge standing at the gap, and one man running in the garden—I did not know Dredge's name at that time, but he was the man—I ran round the garden into my master's field, and did not see them any more—I ran round to try to meet them.
Winter. You never saw me at all. Witness. Yes; I saw you take a tack off the ground.
WILLIAM MUNNS . I work for Mr. Palmer, at Enfield Highway. On 20th Dec. I was employed at the clamp of potatoes in my master's field—I left the clamp to go to dinner at 12 o'clock—I left the potatoes level in a bank—when I returned I found two separate heaps, which had been removed about a yard from the bank—they looked as if they had been placed in a sack and shot out again—each heap contained about a sack—they were filled into prickle baskets and delivered to the policeman.
HENRY HAYES (policeman, N 342). On Saturday, 20th Dec., between 12 and 1 o'clock, I went to a clamp of potatoes in Mr. Palmer's field—I saw Munn and Stains—I received a quantity of potatoes in four or five baskets—they were pointed out to me as being what the prisoners had taken from the heap—I accompanied Stains into Mr. Palmer's garden, and looked in a hedge, where I found this sack—it is marked with the name of Reynolds—I apprehended Hall at Edmonton Union, at 7 the same evening.
Winter's Defence. Smith never saw me pick up a sack; it was very foggy; I was never there at all.
Dredge's Defence. I was not there.
Halls Defence. I know I was not there.
(Hall was further charged with having been before convicted.)
WINTERS— GUILTY .* Aged 22.
DREDGE— GUILTY .* Aged 23.
Confined Six Months.
HALL— GUILTY .* Aged 24.— Confined Twelve Months.
JOHNS pleaded GUILTY . Aged 34.
CLARK pleaded GUILTY . Aged 32.
Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
20th Dec. the prisoner came to my shop, and bought a piece of pork—it came to 7d.—he put down a bad half-crown; I told him it was bad—I took it from him, and laid it on one side—he asked me to give it him back; I said I would keep it—I sent for a policeman—the policeman took him into the back-room, and searched him—nothing more was found on him, and I let him go—I put the half-crown on one side, and in about an hour I put it into my pocket, and then put it into my cash-box—I afterwards gave the same to the police-sergeant—I am sure it was the same—this is it (produced).
Prisoner. Q. You changed the half-crown I gave you for one you had? A. No; I marked it directly—I am sure I gave the same one to the sergeant.
JAMES HAM (police-sergeant, K 21). I received this half-crown from the last witness, on 28th Dec.—the prisoner was then in custody—I showed it to him at the station—I said, "This gentleman (pointing to the witness) charges you with passing this half-crown last night week"—he said, "Well, I cannot help that now"—the half-crown had this cross on it when I received it.
JAMES EEDY . I am a butcher, at Poplar. On 27th Dec. the prisoner came for a piece of meat—it came to 8 1/2 d.—my son took a half-crown from the prisoner—my wife heard the half-crown sound on the board, and she said, "That is not a good one"—the prisoner heard that—we had given him the change, and he had gone out—I ran out, and brought him back with the change and the meat—the half-crown was not gone from the board—he said we might keep it if we liked—we gave it him back—he went away; I followed him, and pointed him out to a policeman.
WILLIAM ASHBY . I am a butcher. On 27th Dec., a little after 7 o'clock in the evening, the prisoner came and looked at a bit of beef, and asked me the price; I told him 6d. a pound—there were 2lbs. 2ozs. of it—it came to 1s. O 1/2 d., but I said he should have it for 1s.—he offered me a half-crown—I gave him change—I had sounded the half-crown, but I had my doubts about it—I asked one of my neighbours, and he pronounced it bad—the policeman came—I chopped the half-crown in halves, and gave it to him.
Prisoner. I was in distress, and could get no work.
GUILTY . Aged 47.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JOHN PHILIP WAEICK . I am a baker, and live in Bethnal-green. On 13th Dec. the prisoner came to my shop for two penny rolls—he paid me with a half-crown—I examined it, and it was bad—I did not say so to the prisoner, but I gave him his change—I marked the half-crown, and put it apart—I sent for a policeman, and asked him to sit down in my parlour, and in two hours the prisoner came again—he asked for a quartern loaf, and gave me another bad half-crown—I called the policeman, and had the prisoner taken—I gave the two half-crowns to the policeman—I had frequently seen the prisoner at my house that week—he would come two or three times a day for bread, and had generally paid me with silver coin—I had examined
my till on the Friday, and found two pounds' worth of bad money in halfcrowns and shillings—I am quite sure I did not mix the two half-crowns he brought that day with the bad ones I had before.
EDWARD WIGLEY (policeman, H 141). I went to the shop and waited—I received these two half-crowns from the last witness—I found on the prisoner two shillings, three fourpenny pieces, and some copper, all good—he said he was not aware the money was bad, he had brought up some holly from the country, and what he had was taken for the holly.
(The prisoner, in his defence, stated that he received the two half-crowns from a man for some holly.)
GUILTY .—Aged 26.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JOSEPH CLARK . I am a pork-butcher, of Aylesbury-street, Clerkenwell. On 22nd Dec. the prisoner came, about a quarter-past 11 o'clock at night, for a pig's cheek—the price was 6d.—he gave me 1s.—I put it in my month, bent it, and told him it was bad—he said he did not know it, and gave me a half-crown—I bent that, and that was bad—I kept them both—he had in his hand some halfpence and a shilling—I said "Lay your money down on the counter, and I shall see if that is bad"—he said, "I have nothing but some halfpence;" and he put them down—my man said, "He has put the shilling in his mouth; take it out of his mouth"—I said, "No, let him swallow it"—I was afraid he would bite me—I observed his manner, and thought he would be choked—I sent for a policeman.
Prisoner. There was a female in the shop; I gave the shilling to her, and she put it on the counter, and you took it up. Witness. No; you laid it on the scale-plate—I took it up—no one touched it but me.
GEORGE MARRIOTT (policeman, A 418). I was sent for, and took the prisoner—I received this shilling and half-crown—the prisoner had on him a sixpence and 3 1/2 d. in coppers—he said he did not think the money was bad, that he was a wire-worker, and lived at 28, Edward-street, Kingsland-road—I went there, and there is no such number.
Prisoner. Q. Was there a female in the shop? A. There was Mrs. Clark, but she was not behind the counter.
GUILTY . Aged 32. Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
CHARLES HENRY PAYNE . I keep a beer-shop, at Upper Clapton. On 13th Dec, the prisoner came and asked me for half-a-pint of porter, and gave me a shilling—I gave her 11d. change, and put it in the till, where there was no other shilling—in about ten minutes I found it was bad—she went away, and came again on the Saturday following, 20th Dec—she asked for half-a-pint of beer, and gave me a bad shilling—I broke the shilling, and I said, "You were here last week, and gave me another bad shilling"—she said she was not the person—I let her go, and gave information to an officer—I gave him the two bad shillings.
Prisoner. I was not the shop.
GEORGE HEAD (policeman, N 330). I went to Payne's house on 20th Dec., and got these two shillings—one is whole, the other is broken—I went in search of the prisoner to 3, George's-place, Hoxton—I searched the house, and found these four shillings under the third step of the stairs, and I found this part of a galvanic battery.
WILLIAM SAINSBURY (policeman, N 260). On 22nd Dec. I apprehended the prisoner at 3, George's-place, Essex-street, Hoxton. I took her to the police-court, where Payne identified her—when I took her out I locked the door of her home, and took the key—I went back to the house in about an hour with Payne—I searched, and found sixteen bad sixpences on the mantel-piece behind a tray in the room on the ground-floor, and a woman's pocket was lying on the table with a bad sixpence in it.
Prisoner. When you took me, you searched the mantel-piece, and there was a bit of brown paper with two brass hinges and a brass screw in it, and you said, "What is this?" Witness. I saw something, but could not stop to open the paper—I just looked in the cupboard, but I did not search it—I saw a bottle; I did not take it out—I did not search the mantel-piece and cupboard, and turn the little things over—you seemed all in a shuffle, and I thought you would escape.
Prisoner. I did not take the house: I came and paid the rent; I did not take the key till Friday. Witness. No.
WILLIAM WEBSTER . Those two shillings that were uttered are bad, and these four shillings are bad; three of them are from one mould, but not the same mould as the other two shillings—this sixpence that was in the pocket is bad—these other sixteen sixpences are bad, and are all from the same mould as the one that was in the pocket—this is part of a galvanic battery, used for silvering the coins after they have been cast—it precipitates the silver on the metal.
Prisoner's Defence. I was not aware that they were bad.
GUILTY . Aged 29.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
SUSANNAH MONKHOUSE . I am the wife of Richard Monkhouse, a grocer, at Poplar. On 13th Dec. the prisoner came about 8 o'clock, and asked for half-an-ounce of tobacco—it came to 1 1/2 d.—he gave me 5s. a-piece—I gave him change, and put the 5s.-piece in the till—as soon as the prisoner was gone my husband spoke to me, and I opened the till and took out the crown-piece—there was no other crown there—it was bad, and I gave it to my husband.
Prisoner. Q. Did you know me before? A. Yes; I hare seen you in the shop previous to that Saturday night.
ROBERT MONKHOUSE . I am the husband of the last witness. I saw her take the crown-piece and drop it into the till—I spoke to her after the prisoner was gone—she took it out, and it was bad—there was no other there—I put it in my pocket, kept it till the Tuesday following, and gave it to the policeman.
—he asked for 1 1/2 d.-worth of gin, and gave me a shilling—I gave him a sixpence and 4 1/2 d.—he went to the step of the door, and my barman said, "What shilling is that?"—I had it in my left-hand in the till; but it was not out of my hand—I bit it, and it was bad—I ran round to the door, and found the prisoner in custody—I had seen him two or three times before—he generally came in for 1 1/2 d. of gin on a Saturday evening, and each time I found a bad shilling in my till on Sunday or Monday morning—I gave this bad shilling to the policeman—it never went out of my hand.
THOMAS ELIJAH WAKELING (policeman, 200 K) On 16th Dec. I followed the prisoner and another—I saw them in company about half a minute—the other then went up a street, and the prisoner went to Mr. Scratchley's—I went to the door—the prisoner was coming out, and I heard Mr. Scratchley say, "This is a bad shilling"—I took the prisoner and found on him a shilling, a sixpence, and fourpence-halfpenny all good—when I found the good shilling on him he said, "Look at that."
GUILTY . Aged 32.— Confined Six Months.
MESSRS ELLIS and BODKIN conducted the Prosecution.
JAMES WILD . I am a corn-chandler. On 19th Dec. the prisoner came for a half-quartern loaf—it came to 2 3/4 d.—she gave me a half-crown—I gave her change, and she went away—I had kept the half-crown in my hand and immediately she was gone I looked at it—I found it was bad, and placed it on the sideboard—I had marked it with my teeth, and cut is with a knife—I put it behind some books, out of the way of all other coin—on the 24th of Dec. she came again and asked for a half-quartern loaf—she gave me a half-sovereign—I did not know it was bad, but I had a doubt—I gave her her change, and then I took the half-sovereign into the house, scratched it with my nail and found it was bad—I placed that with the half-crown behind the books—on the Saturday following the 27th, she came again for another half quartern loaf—she put down another bad half-crown—I did not give her the change for that—it was between eight and nine o'clock at night—the gas was lighted and I saw the half-crown was bad—I said to her, "You are the person who was here last Friday week, and gave me a bad half-crown, and you are the person who was here on Christmas-eve, and gave me a bad half-sovereign and now to-night you have the effrontery to come and give me another bad half-crown"—she said, "Well, thank God, you can't hang me?—I sent for an officer, and gave her into custody—I gave the officer the half-crown she had then tendered, and I took the other half-crown and the half-sovereign to the station, and gave them to the inspector.
ANN URQUHART . I live at Norman-road, Nutting-hill. I was at Mr. Wild's when the prisoner was taken—I saw her rifling her pocket, arid I' saw something drop—after she was taken I looked there and found a bad halfcrown, I picked it up and gave it to the office.
Prisoner. That was a good one.
HUGH M'DONALD (policeman, T 276). I was called to the shop, and Mr. Wild gave me this half-crown, and afterwards at the station, I saw him hand this other half-crown, and this half-sovereign to the inspector, who handed them to me—they were not out of my sight—I received this other half-crown from Mr. Wild on leaving his shop.
WILLIAM WEBSTER . This first half-crown that was uttered is bad—the half-sovereign is bad—this last half-crown that was uttered, and this one that was dropped, are both bad, and are from the same mould.
Prisoner's Defence. I went to his shop for a half-quartern loaf; I gave him a half-crown, he said, "I think this is bad;" I said, "Here is another one;" he said, "This is a good one, but I won't take it; I think you are the person that has been here before passing bad money;" I said, "It is quite wrong, I never passed any bad that I am aware of;" he then went round the counter and gave me in charge; I had two half-crowns, I gave him one, and the other I dropped; the lady took it up and said it was bad, but it was a good one.
GUILTY . Aged 45.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
HENRY HAYES (policeman, N 342). I was on duty at Ponder's End, on 15th Dec, a little after 9 o'clock at night—I saw the prisoner in company with another man and a woman—I watched them; they crossed the road—the prisoner went down by the side of the Two Brewers, the other two went into the Two Brewers—the prisoner returned in about a minute, and he also entered the Two Brewers—I then spoke to the landlord, and asked him to get a light—I went with him to the place where I had seen the prisoner go by the side of the house—there is a shed there, a lean-to, and on the tiles of that I found a bag—I felt it—there was something like coin in it—I let it remain where it was, and I watched about an boor, and at a little before 11 the prisoner came to the place, and reached on the tiles, and walked away—I went to the place and the bag was gone—no one else bad been there—I then followed the prisoner nearly a quarter of a mile, I took him by the arm, and asked him what he had got in his pocket—he said, "What is that to you?"—is he broke from me—I took him again—he broke from me again, and strict me several times—I saw him put his hand in his right-hand pocket—he then struck me several times, and in doing so he threw something over my left shoulder, as if he was going to strike me again—I heard it fall, it sounded as if something fell heavily, but there was no Jink—I called on Davis to assist me—I took the prisoner, he was quite calm then, and I took him to the White Hart—after getting a light, I west back to the spot where this struggle took place—I there found this bag (produced)—I can swear this is the bag I saw on the top of the tiles—I opened it in the presence of Mr. Bennett, and found in it thirty-seven counterfeit shillings, all wrapped up in separate papers—I found on the prisoner two good shillings, two duplicates, and four silk handkerchiefs.
Cross-examined by MR. HORRY. Q. You saw two other persons, and at the time you took the prisoner they were not far off? A. No; they were taken—I cannot say whether they were charged the same as the prisoner—the sergeant took the charge—when I first went to the roof I had a light—I saw the bag, and felt it—it is made of gown print, I believe—it was a very dark night—I stood at one side of the house, and the prisoner at the other—I will swear it was not Adey who went by the side of the house—I had my lamp—I did not watch him more narrowly, for it would not do to go too close—I looked through the window, and watched the prisoner and the others meeting in the tap-room—I saw them all three come out together—they were not together when I overtook them on the road—when I overtook the prisoner he was in company with the woman, Snow—Adey was behind—I took him afterwards at the White Hart—I should say I had passed Adey on
the road 150 yards before I saw the prisoner—I passed Adey to go after Smith and Snow, and when I came back I found Adey at the White Hart—which is about 100 yards from where I took the bag.
MR. BODKIN. Q. You found this bag on the tiles, and by arrangement you left it there till the prisoner came and took it; did you leave the place at all till he came? A. I did not, I stood within two feet of it—the prisoner is the person I struggled with—he took something from his pocket, and as if he was going to strike me again—he threw something order my shoulder.
JOHN BENNETT . I am landlord of the Two Brewers. I remember some persons coming to my house on the night of 15th Dec.—Hayes spoke to me—I got a light, and went by the north side of my house—there is a little lean to building there—I saw just such a bag as this on the tiles, I did not take it up—I left the policeman there to watch—after that I heard one of the persons in my house say, "Let us go," or "Be off"—I saw the prisoner go to the place where the bag was—he returned immediately, and went down the road with the other man and woman—the other man had been out of my house once or twice; but eventually they all went away together—after the three persons had gone I saw the policeman go to the tiles to look for the bag, and it was gone—that was almost directly after I had seen the prisoner go up there—I and the policeman then went towards Enfield Highway after the prisoner—the White Hart is on the way—we did not stop there—I saw the policeman go on, and soon after he returned with the prisoner and the woman—we had passed Adey on the way, and stopped him, and partly searched him—I said, "That is not the one that took the bag"—we left him and ran on—that was before we got to the White Hart—when we got to the White Hart I was outside waiting, and Adey came up and went in there—the policeman then brought back the prisoner and the woman—he gave them into our custody, took a light, went out, and in four or five minutes he came back with this bag—I saw it opened, and the bad money in it.
Cross-examined. Q. Have you always been quite so certain that those persons all went down the road together? A. Yes; we afterwards overtook Adey about 300 yards from our house—they all went out together, bat Adey was behind the others—the policeman began to search Adey.
WILLIAM DAVIES . I am foreman to Mr. Wilson, a market-gardener. On the night this happened I was near the White Hart—I saw the policeman—I asked him what was up—he would not tell me—I ran alongside of him, and when we got about 100 yards we met the prisoner—the policeman collared him—they had a bit of a scrimmage, and he got away—the policeman collared him again—I saw him take his hand from his pocket, and put his hand over the policeman's shoulder, and this bag dropped near me—I did not know what it was; I heard something drop—I am sure the prisoner is the person who was stopped—he was taken back to the White Hart—there was light enough there to see him.
WILLIAM WEBSTER . Here are eighteen counterfeit shillings of George III. from the same mould, two of George IV. from one mould also counterfeit, and seventeen of Victoria from one mould, and counterfeit; they are all wrapped in papers separately.
Cross-examined. Q. Are they really bad? A. No doubt of it—a person might be imposed upon by them in the dark.
GUILTY . Aged 26.— Confined Eighteen Months.
MR. BODKIN conducted the Prosecution.
ELIZA NEAL . I am barmaid at the Rising Sun, at Chelsea. On 2nd Jan. Evans came about 2 o'clock she bought half-a-pint of ale, and paid me with a sixpence. I thought it was bad, and gave it to my uncle Evans had come that day before, and given me a sixpence, but I cannot say that it was bad.
WILLIAM HALL . I keep the Rising Sun. On 2nd Jan. I received a sixpence from my niece, the last witness—I said it was bad—Evans was there—I told her it was bad—she said she was not aware of it—after biting it and doubling it up I gave it her again, and she went out—I went out, and Evans joined Eldridge, about twenty yards from my house, on the other side of the way—they moved on—I followed, and met a policeman—I directed his attention to them.
JOHN MILLS (policeman, V 199). I had my attention called by Mr. Hall to the prisoners—I followed them, and overtook them about 100 yards further—when I took them, Eldridge put her hand to her mouth several times—I took her by her throat, and out of her mouth she dropped twelve counterfeit sixpences—I took possession of them—in going to the station she said she might as well give me the rest, and she gave me three more from her bosom, wrapped in a piece of linen—site said I was too sharp, or else she would have swallowed them—nothing was found on Evans.
Eldridge. It is false what the officer said about my swallowing them; I had just picked them up.
EVANS— GUILTY .
ELDRIDGE— GUILTY .
Confined Twelve Months.
MR. BODKIN conducted the Prosecution.
CHARLES ADAMS (policeman, D 285). I was on duty in York-terrace Mews, at 1 o'clock in the morning of 2nd Jan.—I heard the breaking of glass at the back of the house, 6, Nottingham-terrace—I listened, and got on the top of the wall—I called my brother officer—I saw a light in the back premises of Mr. Griffiths's house—his premises are bounded by a wall, and on the other side there is a mews—I scaled the wall and entered the premises—there is a library built out from the house—I found the library door just ajar—I asked who was there—no one answered—we got a light, and went in, and found the prisoner crouched down in one corner—we asked what he did there—he said he lived there—we roused the inmates of the house, and took the prisoner into custody—that library communicates with the house by an iron door, which was fast—there were some marks of an attempt on that door on the library side—there was one square of glass broken in the door, by which I entered the library, that would enable a person to put his hand in and undo the fastenings—the fastenings were undone, and the room was in confusion.
WILLIAM FITZGERALD (policeman, D 178). I accompanied Adams, and saw the prisoner squatted down—I saw a square of glass broken in the library door—I found on the prisoner a gimlet, and some silent matches, and
some such matches were on the floor—they had been burnt—I asked the prisoner if he lived there—he said, "Yes."
ELIZABETH POTTS . I am housemaid to Mr. Griffiths, of 6, Nottinghamterrace. I fastened the library door at half-past 9 o'clock on the night of 1st Jan.—it has two bolts, and a catch—I am not positive that I fastened the bolls—I am positive I fastened the catch—I was alarmed at half-past I—I got up, and went to the library—I saw a cash-box on the floor which had been in a cabinet the night before—the tool-box had been removed from another cabinet, and was placed on the table.
Prisoner. The door was not fastened at all; by pulling it, it opened; the wind took it back, and broke the pane of glass. Witness. I am positive to fastening the middle catch—I cannot say that I fastened the bolts—there was no opening on the outside—I do not think any person could open it outside—if they broke the glass they could put their hand inside.
EDWARD GRIFFITHS, ESQ . I am a master of the Common Pleas, and live at 6, Nottingham-terrace, St. Marylebone—I was disturbed by a policeman knocking at my door—I went to the library, and saw the cash-box, which had been in the cabinet the night before—some tools were found which did not belong to our house—there were thirty or forty marks on the iron door on the library side—the library forms part of the dwelling-house—I am the tenant of it.
Prisoner. I beg to throw myself on the mercy of the Court; I have four children, and no mother to protect them.
GUILTY . Aged 51.— Transported for Ten Years.
MR. BODKIN conducted the Prosecution.
HANNAH WILLIAMS . I am a tobacconist, of South-wharf-road, Paddington. On 22nd Dec, the prisoner came about half-past 5 o'clock, and asked for half-an-ounce of tobacco—he gave me 1s.—I gave him 10 1/2 d. change—I put the shilling in a small bowl—I am quite sure there was no other shilling there—he went away, and came back in a few minutes, and asked for an ounce and a half of tobacco—it came to 4 1/2 d., and he had three oranges—he paid me with another shilling—I gave him change, and put that shilling with the one I had taken of him before—there was no other shilling there—he went away, and soon afterwards came a third time for two ounces of tobacco and two cigars—they came to 11 d.—he gave me a half-crown—I gave him 7d. and one of the shillings which I had taken of him before—he went away—I put the half-crown in the same bowl—he came a fourth time, and wanted half-an-ounce of tobacco—he gave me a shilling—I gave him change, and he went away—I saw no more of him—I put that shilling with the other—about 9 the same evening I went to the bowl and found the two shillings and the half-crown there—I had had no other person in there—I went with the two shillings to a place in Edgeware-road to buy something, and they were both bad—I came back, and looked at the half-crown; it appeared to be bad—I showed it to a man, who bent it, and returned it to me—I applied to a policeman, and gave him the same shillings and half-crown—the prisoner was taken next morning—he made a remark the third time he came, that the reason he wanted so much tobacco was he was in a goose-club.
Cross-examined by MR. LILLEY. Q. Did he not say that he belonged to a goose-club, and the over-money was to be put in a jar, to buy tobacco? A. Yes; I am the proprietor of this establishment—I have not a great deal of business in the course of a day—my shop has only been open a short time—
the prisoner had been in my shop two or three times—he appeared to have been drinking.
ELIZA ANN SILVERSTER . My husband keeps a grocer's shop, in South-wharf, Paddington. On 20th Dec, the prisoner came for an ounce of tea; it came to 3d.—he offered me a shilling, I told him it was bad—I bent it, and returned it to him—he gave me a good shilling, and said he was very sorry he had offered me a bad one; he was not aware of it—he broke the bad shilling in two, and said no one else should have it—one of the pieces was left on the counter—I gave it to the policeman.
ROBERT CARRINGTON (policeman, D 131). I went to Miss Williams' shop, and received these two shillings and this half-crown—I took the prisoner—I showed him this money—he said, "I have been there, but I was not aware that I passed any bad money"—I searched his lodging, and found one bad shilling in a drawer—I received this part of a shilling from Mrs. Sylvester.
GUILTY . Aged 30.— Confined Twelve Months.
SARAH COCKING . I am the wife of Thomas Cocking. On 19th July I paid the prisoner 6l. 14s. 3d.; and on 14th Oct., 6l. 17s. 6d., for Mr. Ernest—the prisoner gave me these receipts—(read—"Received, 19th July, 7l. 10s., for one quarter's rent; less 15s. 9d. for property-tax; for H. Ernest." "Received, 14th Oct., 7l. 10s.; less 12s. 6d., sewers-rate; for H. Ernest.")
MATTHEW THOMAS HUMPHAREY . I am managing clerk to Mr. Henry Ernest and Mr. Cresswell, accountants, in Cheapside. The prisoner was in their employ—it was his duty, amongst other things, to collect certain rents—he was to account to me for the money be received, either on the same day or the day following—he has not accounted to me for this 6l. 14s. 3d. Or 6l. 17s. 6d.—he kept this cash-book, and it was his duty to make entries in it—this book was usually kept in the iron safe—the entries were posted into the ledger from this book—he kept a draft-book, and the money would be entered there, and he would afterwards enter it up fairly in the other books, under my direction—he had also a pocket-book, which he kept himself, in which no doubt he entered the sums at the time he received them—I have looked into the cash-book—these sums are not entered.
Cross-examined by MR. BALLANTINE. Q. How long had the prisoner been in this employ? A. Nearly twelve months; he had a good character—these moneys are received on account of an estate that is in Chancery—Mr. Ernest is the receiver appointed by the Court of Chancery—the moneys are received on account of Mr. Ernest—the other gentleman has nothing to do with the receiving—(MR. BALLANTINE submitted that, as the prisoner on this evidence was not servant to Mr. Ernest and another, but to Mr. Ernest only, the indictment was not supported. The COURT ordered the indictment to be amended, by striking out the words "and another."
Q. The prisoner was servant to Ernest and Cresswell? A. Yes; he was general servant—Mr. Ernest had no independent authority over him.
COURT. Q. Did not you state to me just now that Mr. Ernest alone was the receiver, and he was employed by Mr. Ernest alone to receive these rents? A. No, he was not employed by Mr. Ernest alone; Mr. Ernest was like another client in this business.
MR. BALLANTINE. Q. You treat Mr. Ernest as if he were a client to the firm in this particular matter? A. Yes; the firm received it from one of the firm in his capacity as receiver.
Q. Was the prisoner in any way whatever servant to Mr. Ernest, either as receiver or any other capacity? A. No, only jointly.
Q. Who is accountable to the Court of Chancery? A. Mr. Ernest; supposing Mr. Ernest received it, and did not account, it is not for me to answer whether the firm or Mr. Ernest would be answerable to the Court of Chancery; no doubt primarily Mr. Ernest would be—he gives a bond and sureties—Mr. Ernest, I believe, would lose the money.
NOT GUILTY .
GUILTY . Aged 17.— Confined Twelve Months.
NORTH pleaded GUILTY . Aged 13.Recommended to mercy by the Prosecutor.— Judgment Respited.
FITZGERALD pleaded GUILTY . Aged 20.— Transported for Seven Years.
GUILTY . Aged 16.— Confined Twelve Months.
GUILTY . Aged 35.—Recommended to mercy.— Judgment Respited.
MR. LILLEY conducted the Prosecution.
ABRAHAM HYMAN . I am a furrier, and live in Steward-street. On 19th Dec, about 12 o'clock at night, I was standing talking with a friend in Baker's-row, Whitechapel—some persons ran up, and I was knocked down on the sudden by three parties—I received a blow on my forehead between my eyes—I recovered my feet as soon as I could, and I was knocked down again by Murray—there was not above a minute between the two blows—when I was knocked down by three men I was much injured on the knee; two pf them were lying on me—I called to my friend, Mr. Conaughton, and I believe, he was knocked down at the same time—I received a severe wound in my nose—it bled very much—the policeman came up, and he and Mr. Hampton assisted me—I was partly insensible after I had received the blows—I missed my hat—I saw the prisoners at the station—I believe Donovan was one of the men who assaulted me, but I could not positively swear it—I was taken to the hospital, and had my face dressed and my knee bandaged—I am still suffering from the effects of the blows.
Cross-examined by MR. HORRY. Q. Were you dressed much as you are now? A. Yes; buttoned up—my coat was very much torn—I lost my hat, and that was all—it was worth about 4s.
first and me afterwards—I felt a blow—when I got up the men were in custody—I saw the policeman apprehend Murray as I was getting up—the third man ran away, and I suppose he took away the hat—I cannot say whether Donovan was one; he was in custody when I got up.
Cross-examined. Q. Had you a gold watch-chain about you, as you have now? A. Yes; and a gold watch and some money.
JOHN HAMPTON . I am a fishmonger, and live in Baker's-row. Between 12 and 1 o'clock in the morning of 19tb Dec., I saw the prisoner and another man pass my shop—my attention was called to them by their upsetting my oysters—I went out and spoke to them—Donovan turned round and wanted to fight me, had not Murray pulled him away, and shoved him away towards Mr. Hyman—Donovan up with his fist, and knocked Mr. Hyman down with his fist—I ran immediately up—I saw Mr. Hyman, Mr. Conaughton, and the two prisoners all four down at once—I assisted Mr. Hyman—a policeman took Murray in a second or so, and brought him back—I think the prisoners had been drinking; they knew what they were doing.
GEORGE PALMER (policeman, K 208). I was on duty, in Baker's-row. I saw the prisoners and another person near the Weavers' Arms—one of them spoke, and in consequence of what he said I followed them—I saw Mr. Hyman knocked on the ground; I instantly ran up—I saw the two prisoners lying on the top of him, and Mr. Conaughton was lying by the side of him—as soon as I ran up the prisoners sprang on their feet and ran away—I ran and seized Murray, but could not hold him in consequence of his jacket being buttoned—I drew my staff, hit him on the head, and secured him—I ordered another constable to secure Donovan—he said he had not been there before, he was coming to see what was the matter—I am quite certain he was one of the men—the prosecutor was lying bleeding, senseless, on the ground—he was assisted up, and put in a cab and taken to the station, and then to the hospital.
(The prisoners received good characters.)
NOT GUILTY .
OLD COURT.—Wednesday, Jan. 7th, 1852.
Dawson Poulter, the Prosecutor; George Anderson; Henry Beale, masterplasterer; Mr. Giffins, builder; and Charles Lambkin, gave the prisoner a good character. Aged 30.—Recommended to mercy by the Prosecutor.
Transported for Seven Years.
Before Mr. Baron Plait.
GUILTY . Aged 19.— Judgment Respited.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
JOHN FORBES . I am a messenger to the General Post-office—the prisoner was a clerk there, and was on duty there on the morning of 31st Dec., from 5 till half-past 9—for reasons I had I was noticing him, and saw him feeling the letters as if to find out whether there was any cash in them—about half-put 7 I saw him crumple one up in his left hand, and then go on sorting—I told the President on duty, Mr. Graham—about half-past 9, when the prisoner had finished his division, he went down-stairs to the basement—his duty for that time was done—as he was coming up again adjusting his coat, I stopped him leaving the Inland-office—the men's coats are kept on the basement—I laid hold of him and said the President wanted to speak to him—he gave a slight pull to get away—I said, "He only wants to speak to you"—at that moment Mr. Graham stepped up and asked him to step into a private room—he then said he had been informed that he had something about him which be ought not to have—the prisoner made no answer—he is not deaf—Mr. Graham asked him if he had any objection to be searched—he faintly replied, "No" I then sent for Peak, the officer, who proceeded to search him—I saw him take a letter from his pocket along with his handkerchief, and afterwards he took another letter out of his trowsers pocket, I think—these are them—(produced)—they bear the Inland post-mark of that morning, and ought to hate gone off by the morning mail—they would have come before him that morning it the course of his duty as a sorter.
Cross-examined by MR. BALLANTINE. Q. Do you understand the business he had to perform? A. Yes; the letters would be stamped at the tables before they came to him—such letters as these would not be weighed—I have ascertained that the penny stamp would cover them—it is the duty of an officer, if he finds a letter over weight, to have it surcharged—he would not have to take it anywhere—there is a balance on the division—he would have to take the letters he thought over weight, and put them on the balance; and if they were over weight, he would tax them; that is done with pen and ink—it would then be put with the unpaid letters, into a box in t division where the prisoner was—we often find over-weight letters—I had had directions some days previously to watch the prisoner, told had been watching him every day to find out something—I did not know that he was in a bad state of health—he answered faintly.
MR. BODKIN. Q. You bad been looking at him some time before you saw the crumpling up of the letter? A. Yes; I did not see him take a pen to charge any letter, or go to any balance—the balance was in the same room, ten or twelve yards off—he had pen and ink—he had no occasion to leave the room to tax a letter.
COURT. Q. You say the balance was ten yards from the place when he was sorting; is that so? A. Yes; there might have been twenty of thirty balances in the room—his own division was as near as any; that was about ten yards off—a sorter might collect all the over-weight letters, and then weigh them; or he might go to the balance immediately—there it is sorter, to whom he ought to take them, to weigh and tax them, but the prisoner would tax them himself—when he was stopped at the door by me, and introduced to Mr. Graham, he did not mention that there were some letters over weight.
up to the prisoner, who was about to leave the office; I said I wished to speak to him, if he would follow me into Mr. Bokenham, the superintending president's office; he did so, and I said, "Mr. Masterton, it has been intimated to me that you have something about you which you should not have"—he made no reply—I said, "Have you any objection to be searched?"—he answered very faintly, "No"—I then told Forbes, the messenger, to fetch Peak, who came, and searched; and I saw him produce from his person a letter, with a pocket-handkerchief, and another letter immediately afterwards—one is addressed, "Mr. J. Forward, on board the Defiance cutter, Weymouth, Dorsetshire;" and the other, "Rev. John Smith, Moravian-chapel, Devonport"—the prisoner said, "I am sorry you should see me in this position; I belong to a most respectable family, and I believe it will be the death of my wife; she has no other relation on earth but myself; I cannot think what induced me to do it, it must have been infatuation."
Cross-examined. Q. From the mode in which you speak, I suppose you are well acquainted with him? A. I am; I have known him ever since he has been in the office, four years—I only know from hearsay that he has wife and a large family—he has been frequently absent from the office on the plea of ill-health—he was not an officer on whose exertions we could rely; we could get no exertion from him.
MATTHEW PEAK . I am a constable attached to the General Post-office; I searched the prisoner, and found these letters, one in the inward pocket of his coat, and the other in his left-hand trowsers pocket—they were crumpled up, but the seals were not broken—they were opened before the Magistrate, by his direction—there was one shilling in the one addressed to Mr. Forward—it was sewn into this little bit of silk—one stamp would carry it—there would be no extra weight—in the other letter there was one shilling and a threepenny piece.
HANNAH FORWARD . I live at Palporrow, in Cornwall. I had a son, named Joseph, on board the revenue-cutter Defiance, lying off Weymouth—this letter is my writing—I sent it to him—I put one shilling in it, sewed in a bit of silk, with a bit of selvage at the end—my daughter sealed it in ray presence—it was written on 28th, and I posted it on 30th.
COURT to MR. GRAHAM. Q. Suppose the letter had been posted at Cornwall on 30th Dec, when would it arrive at the office in London to pass through to another place? A. On the next morning, the 31st.
COURT to MR. FORBES. Q. How many sorters were engaged at that table? A. From thirty to forty; the letter might have got into their hands as well as the prisoner's—I was instructed to look at the prisoner in the act of sorting.
(George Webb, pawnbroker; James Webb, tobacco-pipe maker, of 9, Portland-street, Soho; Robert Moxhay, house agent, of Queeris-road, Bayswater; Enoch Hodgkinson, schoolmaster, of Cripplewood; Henry Pavey, surgeon, of Maida-hill; and George Stacey, Secretary to the City of London Literary and Scientific Institution, gave the prisoner a good character.)
GUILTY.—Strongly recommended to mercy by the Jury.— Transported for Seven Years .
Before Mr. Justice Williams.
MR. CLARKSON conducted the Prosecution.
11 o'clock, I was coming along Percival-buildings, leading into Whitechapel—when I came to the London Hospital public-house, at the corner of the buildings, I saw the prisoner and the deceased—I saw the prisoner bit the deceased on the forehead, and he fell backwards on the kerb-stone—the prisoner fell over him—I went and caught hold of him, and asked why he hit the man in the way he did—he said, "Because he hit my father-in-law and I would hit any man that hit my farther-in-lay"—I took him into custody—my brother constable came up, and attempted to lift the deceased up—I saw that his head was bleeding—he was taken to the London Hospital, and died—the prisoner appeared to have been drinking, but Was not drunk.
Cross-examined by MR. PARRY. Q. Had you seen them struggling together? A. No; I only saw the end of it—I did not observe that Hinkins had hold of the prisoner's coat—he might have done so—I could see what took place—I cannot say whether or not there had been any struggling before I saw the blow struck—they both fell.
JACKSON GOODENOUGH KNENT . I am house-surgeon, at the London Hospital—the deceased was brought there by Clark, last Friday night—he bad sustained an injury at the back of the head, and also a blow in the eye—he was insensible, and died about 2 o'clock on the Saturday morning—I made a post-mortem examination—I found that the skull had been fractured, which, was the cause of death—a fall, from a blow, on a kerb-stone, at the back of his head, would account for all I found.
Cross-examined. Q. A fall, whether from a blow or not, would account, for it, would it not? A. Yes.
MR. PARRY called
JOHN RITCHIE . I am the prisoner's father-in-law, and live at 34, Duke-street, Bethnal-great. I was at the London Hospital public-house, on the Friday night; the prisoner and the deceased were there—they had some words, and the deceased struck me—I said to him, "George, you are an, unmanly man for so doing"—he said, "You are a liar," and struck me again; it might have been a serious blow if I had not warded it off—upon that the prisoner said, "Come out of the door; you have struck my father-in-law, and no man shall do that"—the deceased said, "I will stop for Draper, if it is for three hours"—they came out, and had a struggle, and both fell very heavily on the pavement—they were both the worse for liquor—I did not see any blow struck—the prisoner is not at all a quarrelsome man.
GUILTY. Aged 24.—Recommended to mercy by the Jury.— Confined One Week.
MR. PARRY conducted the Prosecution
WILLIAM DVOTT RURNARY . I am chief clerk at Bow-street police-court I recollect two young men, Ernest Franeatelli and Thomas Wilkie Adams being charged with attempting to pick' pockets in Dee. last—the charge was made by the defendant and a man named Attwood—the defendant was sworn—I took down his deposition and read it over to him—he signed it—this is it (produced)—as he gave it I took it down—the depositions wepe returned to the Westminster Sessions—(read—"Richard Moss, on oath, says: 'I live at No. 3, Park-place, Walworth; No. 330, P division. Last night, 10th Dec., I was on duty, in plain clethes, in Drury-lane Theatre, and the two prisoners, who were in the pit, having been pointed out to me,: I watched them and as
they walked in the promenade I saw the prisoner Adam looking very steadfastly at the pockets of different ladies. I then saw him place his hand on the outside of one female's pocket, and feel if anything was in it. They then separated for about two minutes. I watched Francatelli, and another officer followed Adam. They rejoined and conversed together, and on "God save the Queen" being played, I saw the prisoner Francatelli go up to a lady, and with his left hand feel her dress, and then put it into the pocket of her dress. The audience began to leave, and the prisoners turned round to go out, when I heard Francatelli say to Adam, "Push me." The other answered, "All right, Robert." I then saw something passed from Francatelli to Adam, which appeared like a watch, as I saw it shine. Just before they got out of the door I took them into custody, telling them I believed they were there for the purpose of picking pockets. Francatelli said, "We have not robbed anybody." I asked him what he meant by the words he said, and calling the other Robert, he replied, "It is only a lark." I took the stick called a life-preserver from Francatelli, which I produce. Cross-examined. I do not say to a few minutes, but it was a little after 10 o'clock, I first saw you in the Theatre. Richard Moss. ")—They were admitted to bail, but were committed to take their trial at the Westminster Sessions—I remember the policemen being charged with perjury afterwards before Mr. Hall—there was an adjournment of this charge at the instance of Mr. Lewis, the attorney, for the purpose, as I understood, of producing several witnesses to corroborate the two defendants in their testimony—I do not recollect Moss saying anything on that occasion.
Cross-examined by MR. BALLANTINE. Q. Was not the case adjourned because they bad not the original depositions on the part of the prosecution? A. Chiefly for that cause.
ERNEST FRANCATELLI . I reside at 106, Piccadilly, with my father, who is cook at the Coventry Club. I am seventeen years old—I know a young man named Thomas Wilkie Adam, the son of a Mr. Adam, a baker, in St. James's-street—we were at school together—I went with him to Jullien's on Wednesday evening, 10th Dec.; we got there about 20 minutes past 7 o'clock—I was taken into custody about 25 minutes to 12—we did not remain in the theatre the whole of that time, we went out to take some refreshment, we were absent about a quarter of an hour; with that exception we were all the time in the theatre—we came back together about a quarier-past 10—we parted company about five minutes after we got into the theatre—Adam went round to the other side to see if he could see better—he was absent about three minutes, and then rejoined me—with that exception we were together during the whole of the evening—I had this stick (produced) in my hand, it belongs now to Dupois, my father's cook—I had walked out with it before, and I should say other persons had taken it out ft is' not mine, it is Dupois's—I carried it in my right hand during the evening—I walked, during the evening, arm-in-arm with Adam; he had hold of my left arm—I had on the same great-coat that I have now—I did not see Adam while I was with him looking very steadfastly at the pockets of ladies' dresses, or place his hand on the outside of any female's pocket; or feel any pocket to see if there was anything in it; if he had done so I must have seen him—at the conclusion, just before I was taken into custody, and while "God save the Queen" was being played, I did not go up to a lady, and with my left hand feel her dress—I did not put my left hand into the pocket of her dress, or do anything of that kind—I did not pass anything to Adam while we were going out, having the appearance of a watch, or shining; I did not
pass anything to him—I did not see Adam attempt to pick the pocket of any lady, or anything of the kind, during the would of the evening—I did not while I was in the crowd, during the whole of the evening, pass anything to Adam; nothing of the kind—neither of us were the Worse for liquor—I heard Moss and Attwood examined next day, neither of them said we were the worse for liquor—a purse was found on Adam when we were taken; this is it (produced)—I had given it to him for his siater—it was not made for me—I bought it, not for her, but because I saw it in the shop, bat I afterwards gave it to Adam for his sister—as we were going out, just before we were taken into custody, there was a crowd pushing, and I said to Adam, "Push me Tom"—he answered, "All right"—I said that, because there were six young men before us who were pushing backwards—we did not walk in the thickest of the crowd during the evening—the crowd at one part of the theatre was thicker than the other, we mostly walked at the back of the orchestra.
Cross-examined. Q. Do you know that this was the last night of the season? A. Yes; the whole place was very much crowded—the pert least crowded was the dress-circle—we were in the least crowded part of the promenade, which was the back of the orchestra—we were there the whole time except when we first went in—we did not return, into the front pert till we Went out again—it water crowfeet behind, but not so ranch as it-might have been—I had on this coat, a pair of plaid trowsers, this neck cloth, and the same hat—Adam was dressed in a hat, a coat, and a pair of black trowsers—I believe this stick is leaded at the top; I never opened it—there is something tolerably heavy inside—it first belonged to Philip Betti Lord Ward's cook—he gave it to Dubois—when I had it at Jullien's concert, it was Philip Betti's—he did not lend it to me—had been staying at the Coventry Club three months, for improvement—I have frequently taken it from the cook's room—I bought the purse about 28th Nov., about a fortnight before this matter—Adam's sister did not expect that little mark of atteintion—I gave it to Adam about 10 minutes or a quarter past 7 o'clock, in a public-house—I do not recollect the name; it is at the corner of Covent, garden—I said, "Tom, give that to your sister"—I had never sent anything to his sister before—he put it into his pocket without a ward—he did not ask me what business I bad to send a purse to his sisters—he did not ask a word about it; he only said; "Very well," or "Very welly Frank"—it was not over a pot of half-and-half; we had a glass of ale each—that was the first drinking affair we had had together that evening—we went directly from there to the theatre—we left the theatre a little while and had: a glass of gin-and-water each, at a public-house in a street close to Drury-lane—I am quite a stranger that part of the town—we had nothing to eat with it; we had a cigar—I am quite sore it was not brandy-and-water—I know the difference between brandy and gin—we took a glass of cold brandy between us in the theatre, about 9—I only smoked half of my cigar before I went into the theatre; I put the other half into my pocket, because I wanted to go into the theatre—I am not used to gin-and-water and cigars, and brandy-and-water—there were many ladies in the crowd—I was Hot examining the direction of Adam's eyes for two or three house, but I know he would have no wish to look at ladies' pockets—I think his eyes were turned more upwards than their pockets—he was looking about him she did not cast his eyes down—he might have looked as low as their pockets, bat I did not see him—there were a good many ladies, and the people were pressed close together—if he had done it, I must have seen him—he was close to me—he carried his left hand in his left-hand pocket most of the time
—I noticed that particularly—that was not a peculiarity of his, but he did not put his gloves on, and that was the reason he put his hands into his pockets—he did not tell me that—I cannot swear that I know where his hands were during the three hours we were there—he had not his left-hand in his pocket all the time—we were occasionally very near ladies, and his hand may have touched them—I did not see it near to a lady's pocket—what part of the ladies his hand was near, would depend on whether they were tall or short, or whether they were standing—he did touch their dresses, he must have; and it must have been on their left side, as we were walking forwards—I may have touched several ladies, but what part of them would depend on whether they were tall or short—I had gloves—I kept my hand in my left-pocket, something like this (describing it), but never loose about; I swear that—I had my stick in my right-hand—we were arm-in-arm the greater part of the time—we found it most convenient in the ciowd, because we could keep together—my left hand was in my great-coat pocket, or my breast, the whole time I was there—I will swear I did not touch any ladies' pockets—I may have touched their dresses with my knuckles—I do not know which side a lady's pocket is on—I did not touch ladies knowingly—I never did it on purpose—I paid no attention to any of the fair damsels there—I did not talk to them—I did not speak to a lady while I was there, nor to a female, nor yet outside the theatre; nor did Adam; I think I must have known it if he did—neither of us took any liberty with any lady, nor did we stare at them—I looked at one lady particularly—I did not notice whether Adam did—the lady I looked at was a long way off, in the boxes—there was nobody in the pit I looked at—I am assisting my father at the Coventry—I was apprenticed to the Earl of Hardwood's cook—I did not leave him before my apprenticeship was up, I stopped two months over the time—I did not leave because I bad been taking a little too much—it was me that said, "Push me, Tom"—I swear the answer was, "All right"—I did not bear the word "Bob"—my name is not Bob—I hare been called Bob for a game, at the club—we call one another Bob for a nickname—it was Edward Gilliss that called me Bob.
MR. PARRY. Q. Was that a joke between you and him only? A. Yes; the Earl of Harewood, when he heard of this charge, volunteered to come forward to give me a character, and if I bad been tried at Westminster his cook would have given me a character—if my knuckles touched anybody's dress, it was the knuckles of my right hand, in which the stick was, and I was walking with it—it was impossible to walk backwards and forwards without coming in contact with some person—Adam was conversing with me during the evening—we were walking about during the performance—he was always with me, with the exception I have told you—I could not have gone up to a lady and put my hand into her pocket, or felt her pocket, and forget it—I could not have passed anything like a watch to Adam—I and my family knew the any I looked at in the boxes—neither Adam or I addressed any loose woman, or other woman, the whole evening.
COURT. Q. I should like to know why you took that stick out? A. I had been in the habit of taking it out; I usually take a stick out when I go out walking sometimes I take that, and sometimes I take another stick—I brought this stick here to-day—I had my hat on in the theatre, and one hand was at liberty—we did not walk about a great deal; we stood at one place, and then walked again—my left hand did not touch any part of a lady's dress any part of the evening, because I kept it in my left pocket, and when my friend was not with me I kept it in my pocket.
THOMAS WILKIE ADAM . I live with my father, at No. 7, St. James-street—I am fifteen years of age—I accompanied Ernest Francatelli to Jullien's concert, at Drury-lane Theatre, on Wednesday 10th Dec—we got there a little before eight—I think it was past eleven when we were taken into custody—I was with Francateili during the whole of the time—he Separated from me at one time inside tie theatre—that was after we west in again—he was away from me two or three minutes—I then rejoined him—with that exception we were together all the evening—I did not in the course on the evening look very steadfastly at the pockets of ladies' dresses, or look at all at the pockets of ladies' dresses, for any purpose—I did not place my hand in the outside of any female's pocket, ox anything of that sort, and feel if anything was in it—I remember the time when the audience were leaving when "God save the Queen" was played—I did not at that time see Francalelli go up to a lady, and with his left hand feel her dress, and put his left hard into the pocket of a lady's dress; if he had done anything of the kind I most have seen it—I did not are bin do anything of the sort at any time in the cause of the evening—if he had I moat have seen him—I was walking with him and conversing with him—I had not been to Jullien's before—Francateili did not, just before we were taken into custody, or at any other time, pass something to me which bad the appearance of a watch, and which appeared to shine—he passed 2d., to me in tha refreshment-room to pay a waiter—that was not as we were going out—it was shortly' after we want is—he passed nothing else to me during the whole evening—a purse was found upon me when I was taken into custody—Francatelli had gives that to me to give to a sister—I stated that at the time I was taken into custody when they asked me where I got the purse from.
Cross-examined. Q. Did you say that in Francatelli hearing? A. I do not think I did—I think he was in another room but I cannot remember—I was not at all surprised at receiving the purse from Franeatelli—I had never received anything from him before to give to my sister—he was not courting her—she is twelve years of age—I made no observation about it—I was quite sober—I drank some gin-and-water that evening—I am not generally in the habit of doing so—I sometimes smoke cigars, but very rarely—I did so this evening—I had had some brandy-and-water inside the theatre, and some gin-and-water and some ale outside—did not always remember the gin-and-water, I forgot it—I remembered it the other day, after I said it was bandy-and-water—I was not asked what I had had until after Francatelli had been examined—my hands could not have been feeling any lady, I am positive, I should have known it—as they hung down by my side they might have brushed past their dresses; at times they were in my packet; and at other times outside—my left hand was loose—I had a great coat on—it was buttoned up—I think only the top button was buttoned then—my hand was in my coat pocket—we went out of the theatre to get tome refreshments after "God save the Queen" was sung the first time—I am not positive as to what time it was—it was after nine—it was not after ten—it was during a pause between the music.
Q. Do you remember saying, "All right?" A. Well, I cannot say whether I said "All right," or "Go along," at that time—I said either "All right" or "Go along, Robert."
Q. How came you to call Mr. Ernest Francateili "Robert?" A. It was a joke—because I have heard the expression—I have never heard him called Robert—I have heard other names called—I cannot say why I selected that—I said it as a joke—I was sober at the time—it was a joke—I cannot say
anything else—I meant it as a joke to laugh at, because it was not his night name—I did not intend him to understand that he was meant by it—I said it as a joke for him to laugh at; that is the only account I can give of it—the police were in plain clothes.
PARRY. Q. Had you heard the expression before? A. Yes, in the street, and in crowds—it is a slang expression that is current—on my oath I was sober, and so was Francatelli—we were taken into custody, and were at Bow-street till we were bailed out—I think it was about half-past 11 o'clock when we were taken into custody, and it must have been after 4 when we were let out—during that time there was a gentleman questioned us—the inspector and others saw had, and had an opportunity, of ascertaining whether we wore in liquor or not.
COURT. Q. You say your left hand was in your pocket or sometimes loose down? A. Yes; my hat was on my head—I had my right hand free, except it was at times when Francatelli had my arm—I had no stick—I had seen the stick produced once or twice before that night—when Francatelli has come to our house he has brought it with him.
(The prisoner received an excellent character.)
NOT GUILTY .
MR. PARRY conducted the Prosecution.
WILLIAM DYOTT BURNABY . I am chief clerk of Bow-street—I took down the cvidence of the defendant on a charge of attempting to pick pockets—he was sworn—Mr. Hall Presided—(reads, "Last night I was in company with the last witness in Drury-lane Theatre—my attention was called to the prisoner Adam, who I saw join the other prisoner—the last witness said Something to me, which caused me to look at the prisoner Adam; and I then saw his left hand in the pocket of a female—I told Moss not to lose sight of them, and I went and spoke to the female, telling her to follow in; but she did not, ail I do not know her name or where she lives—going down-stairs I saw the prisoner Adam behind the other, and heard Francatelli my, 'Push against me—the other replied, 'All right, Robert'—when they got into Russell-street we took them into custody—I found only a pair of gloves, which do not fit him, on Adam, a purse, and a small quantity of money—the purse he said had been given to him by Francatelli, as a present for his sister. Henry Attwood.") The prisoner Adam tried the gloves before the Magistrate, and they do fit him; whereupon the Magistrate inquired why Attwood had stated that the gloves do not fit; upon which witness replied, "They do not fit me, and I therefore thought, looking at his hands and mine, that they would not fit him"—the Magistrate then reprimanded the witness Attwood for making such a surmise.
Cross-examined by MR. BALLANTINE. Q. I believe you know this man? A. Yes, for eight or nine years—I have had an opportunity of observing him frequently as a witness—in all I have seen of him, he is a careful, considerate, trustworthy officer.
MR. PARRY. Q. Is he a person likely to make a mistake in reference to charging a person with putting his hand into the pocket of a lady? A. I should say, certainly not, not a wilful mistake—I have always thought him careful officer.
ERNEST FRANCATELLI . I was examined just now—I still adhere to What I said then—I lost sight of Adam for two or three minutes that evening—he did not put his left hand into the pocket of any female's dress while he was with me.
COURT. Q. In going out of the theatre, had you to go down-stairs? A. We had to go down two steps—the pushing was about five yards before we got to the steps—we had got two or three yards beyond the steps before we were arrested—there were many persons around us—the six men went out, and I did not see them afterwards—I thrust myself forward to push them on; I did not get among them; they were dressed respectably, and seemed very respectable; I mean with such a tie and such a coat as I wear now, and with hats like myself—they were a little taller than myself; I did not notice all six, but one ox two were little taller than myself.
THOMAS WILKIE ADAM . What I stated in the Jast case is true; I did not put my left hand into the pocket of a female—I had a pair of gloves in my pocket—I heard the defendant examined, and say they did not fit me—he had not tried them on me, or made any attempt to do so—(the witness here put on the gloves, which appeared exactly to fit him)—I had bought them about a fortnight before.
Cross-examined by MR. BALLANTINE. Q. They are not uncomfortable at all? A. No such gloves never are.
JAMES PULLEN . I am a porter, at the Coventry Club. On the night on which Francatelli and Adam were taken, the prisoner called "about 2 or 3 o'clock in the morning, and asked if a person named Kelly lived there—I said, "No"—he produced a piece of paper, I said, "Francatelli?"—he said, "Yes," and asked if he had a son—I said, "Yes"—he said he was an officer, and that the son was in trouble, and be believed he bad been in trouble before—I said I never remembered it, and asked what trouble—he said for picking ladies' pockets, and asked me if he had any acquaintances—I said I knew none of them—he asked me if he was keeping company with a—young woman—I said, "I do not know"—he asked if he had lived in Essex—street—I considered for a moment, and said, "I do not know; I never remember it"—he wished me to tell Mr. Francatelli that his son was at Bow—street, and Was to be brought up for examination at 10 o'clock next morning—I asked what trouble he meant—he at first did not seem to wish to tell me, but wished to see Mr. Francatelli—I said Mr. Francatelli was out, aud then he told me he was taken up for picking ladies' packets—he did dot make use of any expression which I have reason to remember; he thanked me for what I had told him, and wished me to tell Mr. Francatelli—he said nothing about the young man being know a to the police.
COURT. Q. Then be came there to make inquiries about him and to tell you to let his father know he would be brought up next morning? A. Yes.
(MR. PARRY here withdrew from the prosecution.)
NOT GUILTY .
(The Jury stated that they were perfectly satisfied the innocence of the young men, and that it was a mistake.)
NEW COURT.—Wednesday, Jan 7th, 1851.
PRESENT—Mr. RECORDER; Mr. Ald. FARNCOMBE; and Mr. Ald, WIRE.
Before Mr. Recorder and me Fifth Jury.
185. EDWARD JENNER , burglariously breaking and entering the dwelling-house of George Goodacre Palmer, and stealing 1 coat, value 1l. 5s.; the goods of John Matthias Palmer; and one coat, valve 15s., and 10s.; the property of George Goodacre Palmer.
MR. PLATT conducted the Prosecution.
in the parish of St. Mary-le-bone. I am a cheesemonger. On 13th Dec. I went to bed about 10 minutes before 1 o'clock—I left the house all secure, the landing window was drawn down, I cannot say whether it was fastened—the shop-door was open—the back-door was bolted with two bolts—there is a small yard at the back of my house, and some small cottages which divide my yard from Devonshire-court—I came down in the morning about half-past 7—I saw the window open, and the blind tied up to one of the iron bars which go across to prevent any one getting in—when the window is open, I should have thought no one could get in; but they must have got in there—the bars are about seven or eight inches apart—my little boy who is nine years old can get through, I should not think the prisoner could—I found the back-door leading into the yard open, which had been bolted the night before—the three tills were empty, and one stood on the counter—there was from 10s. to 12s. gone from the tills, we cannot tell exactly—I had seen them the night before; and I missed two coats, one of my own, which was hanging behind the parlour-door, and my son's coat which was left in the parlour—these (produced) are them—a person could not have got in at any other place but this window, unless they had cat the door.
GEORGE ROBERTS . I live in Dorset-square, with my father and mother. I know the prisoner—I was at the Adam and Eve, in the New-road, on a Monday; I cannot tell the day of month—I think it was Monday fortnight—I asked the prisoner what he did there, and he said he had been in Tottenham-court-road, or somewhere, to pawn a coat; and he said he had a ticket, did I want to buy one—I said, "No; it is no use to me"—he said would I give a shilling for it—I told him I had not got so much, I had only got 5 1/2 d.—he said, "Give me that"—I gave him the 5 1/2 d. and took the ticket—I kept, it till the officer came in plain clothes—this is the ticket (produced).
Cross-examined by MR. WOOLLETT. Q. Was this on the 17th? A. I do not know the day of the month, it was on a Monday evening—I am not quite sure where he said he pawned the coat—he said something about pawning a coat, he had got the ticket of a coat for sale—I am not quite clear what he did say.
COURT. Q. You said before that he said he had pawned a coat; are you sure that he said he had pawned it? A. No; he said he had the ticket of a coat.
JOSEPH LUCK (policeman, 156 D). From information I went to Roberts, and received from him this ticket—it is for two coats pawned for 14s.—I afterwards apprehended the prisoner at the William the Fourth on the same Monday evening—it was the Monday week before Christmas—I told him I wanted him for committing a burglary at Mr. Palmer's, in Salisbury-street—he said, "I know nothing about it."
GEORGE CLARIDGE . I live with Mr. Gill, a pawnbroker, in Hampstead-road. These two coats were pawned on 15th Dec. for 14s., in the name of George Thompson, 14, Cumberland-street—this is the ticket that was given—I did not take them in, but I wrote the tickets—I cannot say who took them in, Mr. Gill and another young man are in the shop—I was present, I cannot say whether the prisoner pawned them.
COURT. Q. Did you see them taken in? A. I cannot say that I did; I have no recollection of it—I do not recollect any person—I cannot recollect the circumstance, but I know I wrote the tickets.
NOT GUILTY .
186. JOHN MASON and SUSANNAH WALKER , stealing 400 yards of silk, value 50l., and 12 yards of statuette, 1l. 8s.; the goods of Charles Spiers and others, the masters of Mason, in their dwelling-house.
MR. BODKIN conducted the Prosecution.
JOSEPH SPIERS . I am a silk-manufacturer; I carry on business with my father and brother, at 10, Spital-square. Mason was our foreman for thirteen or fourteen years—he had the management of the work, giving it out, and receiving it in—he had the general superintendence, and down to this time we had confidence in his integrity—on 18th Dec, about the middle of the day, I bad occasion to go up to the place where Mason had a desk, to ask him tone questions about business—he was at his desk, and the lid was resting on bis bead—he immediately closed his desk, and turned round, and I saw he was much confused—I did not intimate to him that I thought there was something irregular, but I came down stairs out of the room where he was—in about a quarter of an hour or twenty minutes after that he went to dinner—I communicated to my partners what I had observed, and I went up to the desk where I and seen Mason—I found the desk locked—Mason had one key of it, and we had another—I unlocked it, and found in it these eight pieces of silk—they are worth about 52l.—they are our property, and two or three have tickets on them—we have an engraved form for tickets—I saw this bag in the desk—I locked the desk again, and left the silk and bag as I had found it—Mason came sack from his dinner at the usual time, and he left at half-past 8 in the evening—my brother is the resident partner there—all the persons had left when the prisoner left; he was the last person—after he was gone I went to the desk again and found it open, and the silk and bag were gone—I searched about the premises, and came to a place we call the wicket-box, near the toilet—there is a counter before it; that is where the workpeople employed out of doors come to et their work—it is like a box at a pawnbroker's—the workpeople receive and take out their work—we do not have weaving done on our premises—Walker was in our employ's a weaver, but she took winding home for some of her family—I found the same bag and silk in that place that I had seen in the desk—I put some marks on the silks, and left the bag and silk in the box where I found it—I communicated with the police—next morning I stationed myself with an officer in an empty house, which commanded a view of the entrance to our premises—I saw Mason come about 19 minutes past 8—his usual time of coming was 8; but for some considerable time past he had been nearly half-past 8 before he came—in a few minutes after, I saw Walker come—I still remained where I was, till I saw Walker come out in about ten minutes with this bag and the silk. (MR. BALLANTIKE here intimated that he was anxious, on the part of Mason, to withdraw his plea; but the RECORDER thought the case must proceed). When Walker came out, I turned to the left and went' away; I did not want to be seen—I saw Mason that morning again after he was in custody—I afterwards went to where Mason lives in Thomas-street, Bethnal-green, with the officer—I found there these twelve yards of satinette, which I believe h off one of the same pieces that was in the desk—Walker Kves in Church-street: she is married.
Cross-examined by MR. WOOLLETT. Q. Was it about 20 minutes after 8 o'clock that morning that Walker came? A. From a quarter to twenty minutes; women come for work at various times—they might come at that hour—I saw two women who work for us go in at our front door at the same time she did—this parcel is a considerable size—the pate is rather narrow where the persons enter for the purpose of being served—all our work is done out of the house—Mason carried on a manufactory of silk gauze at his own place; it was carried on with our knowledge—he did no work for us on his own premises—I objected to his having work manufactured on his own premises
from the first—Mason's family wove this gauze, nothing else, I believe—Walker wove for us, and the winding was done by some of her family—we have employed her some years; I recollect her seven or eight years—Mason had the general management of our business.
MR. BODKIN. Q. Is this silk perfectly manufactured? A. One or two pieces are finished; the others are unfinished—it is kept in stock sometimes in one state and sometimes another—we had at that time a very large stock—when the weavers bring in their work, it is not re-delivered to them to finish unless it is not done well—it is sometimes given them to pick—that was not the case with these; I see nothing the matter with them—the weaver's work of these is done—they would be finished by being dressed—Mason lives about a quarter of a mile from Walker.
THOMAS KELLY (police-sergeant, H 2). I was spoken to on this matter, and on the morning of 19th Dec. I was in a room nearly opposite the prosecutor's premises—I saw Mason go in, and shortly after Walker went in and two other women—I then saw Walker come out with this bag, and turn to the left, and before I could get down I lost sight of her—I found her in the Pewter Platter, about 100 yards off—she was sitting down in front of the bar, and this bag by her side; I was in plain clothes—I stopped some time, and then I said to her, "What have you got in that bag?"—she looked at me, and in about a second she said, "That is like your impudence"—I then told her I was a police-sergeant, and I suspected she had stolen property, and she must come with me—she then said it was her work—I took her into custody, and took possession of the bag—it contained the silk now produced—I took her back to the warehouse, and as we were going along she told no the foreman had given it her to take home to her house till he called for it—when I got to the premises I sent for Mason, and told him he was charged with stealing a quantity of silk, the property of his employers—he asked us to let him go back for his hat; but not knowing the premises, and whether there might be a back way out, I refused to let him go—he then said, "You know too much for me"—Walker was there at the time—Mason said something to his master, and he cried, and said he did not know what made him do it, and he said she was not the guilty party—he cried all the way to the station-house.
Cross-examined. Q. Did he say also, "J gave it to her?" A. Yes; he said that in the warehouse, and he said, "She is not the guilty party"—it fact, part of the time he did not know what he did say—Mason's house is about a quarter of a mile further than Walker's house, if you go round Church-street, but if you go from the warehouse it is about the same distance—in going from the warehouse to Mason's it would be rather out of the way to go to Walker's, but not much.
MR. BODKIN. Q. Did you search Walker's house? A. I did; I found this piece of velvet, this piece of silk, and some silk not manufactured—these are them.
CHARLES SPIERS, JUN I am one of the partners in the firm. A communication was made to me—I went up after the people had gone, and saw the silk—on the following morning I placed myself in a room adjoining the weavers' waiting-place—I went there about half-past 7 o'clock—I had A view of the wicket-box—I saw Walker come there; two women and a little boy had been disposed of before her—Mason was attending to business at that counter—after the other two women and the boy were gone, and Walker was there alone, I beard some conversation between her and Mason—I put my ear to the keyhole, and could hear a low sort of whispering, but could not
distinguish the words—I saw Walker come out of the box with this white bag—when she was brought back by the officer, I called Mason, and told him we wanted him; there was an officer to take him into custody for robbing us—he merely said, "Oh!" as he walked out of the warehouse, that was all—I afterwards saw him and Walker in the passage—I heard Walker say she knew nothing at all of it—the bag was given to her—Mason then said she was not the guilty party, or the guilty one.
JOSEPH SPIERS re-examined. This velvet found at Walker's is not ours—this silk looks very much like ours; I could not swear to it—here is a bobbin with some silk on it—this bobbin is ours—she could not honestly be in possession of this bobbin—every bobbin ought to be returned—I could not swear to this unwound silk.
Cross-examined. Q. Is this what is used in weaving? A. Yes, but if this bobbin was given out to wind it should be returned—our account is kept by weight—we weigh the silk out, and weigh the bobbins—this would be in the control of Mason—I do not know whether she was bound to return this bobbin.
(John Peters, a publican; John Mew, publican; Charles Gold, oilman; Edward Cull, publican; John Kelly, builder; and George Ford, gave Mason a good character.—Walker also received a good character.)
MASON— GUILTY . Aged 38. Transported for Seven Years.
WALKER— NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
JAMES LANGTRY . I am a grocer, and live in Salmon-lane, Limehouse; I knew the prisoner. On 29th Dec. he came to my place, and agreed to purchase a coffee-roaster of me for 10s.—he said he would either pay for it in goods or I could have the money—I said, "Well, as you profess to roast coffee so much higher, and turn it out so much better than any one else, you shall roast it out, and I will send you the roaster to-morrow morning, and some coffee"—the next morning I sent him 51lbs. of coffee in a bag, with the coffee-roaster, by my son James, in a truck—shortly after I followed the truck, having to go into the City, and found it at the prisoner's door—I saw the prisoner take a portion of the coffee, about half the coffee is my bag, put it into the cylinder, and commence roasting it—I stead till that first portion was roasted—I saw it taken out and put into a cooler—by that time my lad had come back from taking the took home—I saw the prisoner put the other portion of my coffee into the cylinder, and saw the lad commence roasting it—I saw the portion that had been roasted put into the bag—during the time it was cooling, the prisoner was standing against the cooler, and he said it was a good coffee, a splendid coffee; Rudelhorf could not turn out such a coffee (he is another roaster)—it was said, "This is rather a pale roast"—the prisoner said, "Yes, but perhaps the other might not be the same"—he said, "I will manage that for you by tying a string in the middle of the bag"—that would separate the first portion that was roasted from the second portion—as soon as I had seen the second portion put in I said, "I atn rather tied to time; I must be in the City at a certain time"—the prisoner said, "It is all right; your lad will be here"—I left my son for fear of something being intended, by what the prisoner himself had told me before; he had told me that when the coffee was out in the cooler it would be
intensely hot, and by throwing water on it it would be heavier—I said to my boy, "See the coffee roasted, and bring it home"—I then went away—it was then a little after 1 o'clock—I returned home at 5—I saw my bag of coffee, and I untied it, and I said, "This coffee is warm; you should have turned it out"—the smell of it was so offensive, I said, "This is not my coffee; it is perfect rubbish"—the sack was not tied in the middle—it was decidedly not the coffee I had left with the prisoner—I examined the bottom of the bag, and I should imagine the greater portion of that was my fine coffee—I should imagine that there was 20lbs., or more than that, of the other stuff—this is some of the worst portion, and this is some of the others it has got mixed, to a certain extent, by being moved from the police-office—I have been in the trade all my life, with a very short exception—this I should imagine is the sweeping of ships' bottoms—I have no doubt that this is not the coffee I sent him; it would be perfect madness to suppose it—I went to the prisoner's house—his wife came to the door—I ultimately saw him—I said to him, "Mr. Gatenby, some trick has been played whit this coffee; this is not the coffee I sent you"—he said, "Oh, dear no; nothing of the kind; I can't have made any mistake; yours was the only coffee I had to roast"—said, "Will you come and see it, and explain it?"—he said he could not leave then, but he would come shortly—he came in in about an hour, and I showed it him—he still persisted that this was my fine coffee—I said, "Mr. Gatenby, you know it was fine coffee I sent you"—(what I sent him was superior coffee)—he said, "And the man who says that the coffee I sent you home is not fine plantation coffee is a d—d fool"—Mr. Middleditch happened to be there, and the prisoner said to him, "You know what coffee is; just poke your nose in this, and say whether it is not good plantation coffee?"—Mr. Middleditch smelt it, and he said, "Good! why it stinks, and you must know that; this can't be the same"—the prisoner said, "I am d—d if you know what coffee is"—I said to the prisoner, "It is no use talking in this way, I shall take some steps in this'" and I said to Mr. Middledich, "Will you be so kind as to take a sample of this coffee, and keep it?"—I said to the prisoner, "If you had taken any portion of my coffee, or even detained the whole of it, I would have said nothing about it; but if I had turned this out, that bad coffee would bare been at the bottom, and then I might not have known it for some time, and it would have ruined my custom"—I said I would see if there was a law in the case, to put it in force—the prisoner said, "You may do what you please; it has been tried by cleverer fellows than you; you sent your boy to watch me, and you got done at last;" and just as he was going out at the door, he said, "The fact is, it is the biter bit"—my coffee cost me, wheat raw, 6 1/2 d. a pound, and 4d. the duty—it would be worth about 10 1/2 d. a pound; that was the coffee I sent to him—I do not know the value of this stuff; the greater part of it I could not value at all; it is perfectly worthless to me; I cannot put any value on it—when I was at the prisoner's house in the morning I saw some coffee there which I should imagine was the same as this; in fact I took a sample of it; and while my lad was gone back work the truck, I said to the prisoner, "A person was asking me for something rather low in coffee"—he said, "I have got something very low"—Mr. Ledger sent me in an account for some coffee-nuts, and I did bring a bag of this, and he showed me a sample of it—I brought away a sample; I think it is the same quality as this in the upper part of the bag—the prisoner said by paying Mr. Ledger for the coffee nuts he said he could have this coffee, and he made the remark that he would take 5s. for it.
Cross-examined by MR. WOOLLETT. Q. Did you weigh yours coffee before you sent it? A. I did; I did not weigh it afterwards—there is an art about coffee-roasting to a certain extent—I sent this coffee to the prisoner to be roasted by him not because I thought he was skilled in the art, but be owed me 10s. for the roaster—he has no means for roasting coffee—I am not noted' for selling bad coffee, certainly not—I know Mr. Boyd, he has never come to me for bad coffee—I might have been to him and asked him to purchase inferior coffee—I would not swear that I did or did not, but it must be sore 1 very long time ago—to the best of my belief I have never been to him to ask him if he had any to dispose of, certainly not to dispose of amongst my customers—my premises are at 9, Salrmon-lane, Limehouse—I had a ware-house I, Waterloo-place up to last quarter-day—we confine ourselves to the sale of coffee, tea, and sugar—I believe I am known by the name of Langtry—I do not pass by the name of Curry—the name of David Curry is on faces of my shop—my own name is not up at all, but all people that I do business with know that my name is Langtry—I am not generally known in the trade by the name of Curry—I am known by the name of Langtry—I do not know that I am generally known by the name of Curry—the shop was taken by a friend of mine in 1846—the shop is known as Curry's tea-shop, and will remain so—I shall not alter it—I purchased it of Mr. David Curry—I certainly do not carry on my business in the name of David Carry—I never was charged with any dishonest act—I never was in a police court except once, a man looked through my keynote, I struck him, and he took me up—I was never charged by the Custom-house officers with fraud—the prisoner has charged me with it, but it is not true—the prisoner told me that the four or five months before—during the time of the Dock robberies I was absent from my place of business—I was not absent twelve months—certainly not a day nor an hour except being on my own business—I work hard for my living—I was not taken into custody in Cheapside on my retain—I never was in custody, or charged with the slightest offence, except what I told you—I never said so—it is not very likely I should.
MR. ROBINSON. Q. Were you ever charged with anything? A. Certainly not—ten or twelve years ago I was not able to pay 20s. in the pound—I have the name of Curry and Co. over the door because they were well known persons—people say, "Where do you go to, I go to Curry's"—the prisoner spoke about throwing water on the coffee—I never had that done, certainly' not—in a few days it would go tough and bad—an experienced man would detect it immediately.
JAMES LANGTRY, JUN . I am the son of the last witness. I took a bag of coffee in a truck on 30th Dec. to the prisoner—I went home with the tracks and went back to the prisoner—I recollect my father leaving me there—the prisoner said to me, in to Will you come in and hare some pudding?"—I said, "No, Sir, I have got plenty of pudding at home, I don't like it"—he took me by the collar and led me back into the back parlour—he took me in to have some pudding—the prisoner went out in the yard—I then went in the yard to give some to the chickens, and he said, "Here is your coffee"—I was in the back room about ten minutes—I could not, from the parlour, see what he was doing with the coffee—when I went back, he said, "Here is your coffee"—I took it, it burnt my back, I put it down—I at last took it home—my father saw that coffee.
Cross-examined. Q. When was this offer to give you a piece of pudding?
A. About half-past 12 o'clock—the coffee was then in the cylinder—I will swear that, and during the process of roasting the coffee this happened—I left the prisoner about 2—it was not at I, it was about a quarter to 2—I will swear that—I got home to my father's about half-past 2, or 3—from Stepneycauseway to Limehouse Church is about half a mile—when I left the prisoner I went home.
Q. How came it to take from a quarter to 2 till half-past 2 or 3 o'clock to get home? A. I was obliged to put it down in the Commercial-road, opposite the pawnbroker's, it was so hot it burnt my back—I sat upon it—I put it down for about a quarter of an hour—it was too hot for my neck—it was not too hot to sit upon—I sat to keep myself warm, and there I remained a quarter of an hour—I then went home—I did not go anywhere else, I will swear that—it took me an hour and a quarter to walk from the prisoner's to my father's—I will swear that I was walking ail that time towards my father's house, only when I put the coffee down by the pawnbroker's—I left the prisoner at a quarter to 2, and got to my father's at half-past 2, or 3—I left that coffee at the prisoner's while it was roasting.
MR. ROBINSON. Q. It was very heavy, and you had not been in the habit of carrying coffee before? A. No, not so much.
JAMES MIDDLEDITCH . I recollect being applied to on the occasion of this coffee being at Mr. Langtry's—the prisoner said to me, "Poke your nose in this coffee; shove it in hard"—I put my nose to it and smelt it, and he called me a d—d fool because I said it was not sound—I examined that in the lower part of the sack—that was quite sound and good—there could not be any mistake about the difference between the top and bottom—it was quite clear they were different coffees—I took a sample of the bad, and it has been in my possession ever since—this is it—this was at the top.
Cross-examined. Q. Do you know anything about roasting coffee? A. Very little—I should say it is a very great art to roast coffee.
MR. ROBINSON. Q. Do you think you could ever roast fine plantation coffee into such trash as this? A. No; this sample, that came from the prisoner's house in the morning, is the same as I brought a sample of from the top of the sack.
COURT. Q. What is the matter with this? A. It is sea damaged, or something of that kind.
FREDERICK JOHN RUDELHORR . I am a coffee-roaster. I have been in business eight or nine years—this sample of the bottom coffee in the bag, is plantation, Ceylon—it is a good coffee—this other coffee is of the same description, but not the same coffee—it is not so good as the other, nothing like it—there are a great many sea-damaged berries in it—anybody acquainted with coffee would see that at once without any difficulty—this sample brought from the prisoner's house in the morning is the same sort—it is sea damaged in the same sort of way.
Cross-examined. Q. What are you? A. I am in business for myself—I keep four persons in regular employ—I think the prisoner charges about the same as I do, but I am not quite certain—it requires great art to roast coffee—the dark berries are likely to be better than those which have less roast—these damaged ones are darker than the others, but if you taste one that is damaged and one that is burnt, you could find out the one that is burnt—if one were roasted quite black and the other less, I could see the difference—some coffees are rather dull, and require great care in roasting—roasting adds much to the appearance of the coffee.
MR. ROBINSON. Q. Could good plantation coffee by any process in
roasting be reduced to such stuff as this? A. Certainly not—I cannot tell how long it is since this was roasted.
Witnesses for the Defence.
WILLIAM GATENBY . I was nine years old lost Sept—I remember when some coffee was brought to my father's to be roasted, by Mr. Curry—this is the boy who brought it (James Lengthy, Jun,)—when the coffee was brought it was put into the cylinder and roasted—Mr. Carry stopped in the yard while one roast was done, and put in the bag—after the one roast was done he went away, and left the boy behind him—the boy stopped in the yard while the other roast was done—he could see the roasting going on—he staid all the time the second roast was going on—he never left the yard till it was all done—I and ray father and the boy were there—I was playing part of the time with Curry's boy—if the coffee had been changed at all, the boy could have seen it, and I could have seen it—it was not changed—the yard is a brick yard, not quite so wide as this room and a little longer—there is nothing in the yard to obstruct the view at all—when the coffee was roasted, my father put it in the cooler, and then pat it in the bag, tied it up, and put it on the boy's shoulder, and asked him if he could carry it—my father and the boy then went into the house, and I did not see him any more—I saw my father come out—I did not see the boy till I taw him in Court—I saw Mrs. Sicklernore careen into the yard—as she came out, my father and the boy went in—I was never away during the whole time the coffee was roasting.
Cross-examined by MR. ROBINSON. Q. Then it was all over, was it, before your father and the boy went into the house? A. Yes; I had not seen Mrs. Sickle more, before that—nobody has been telling me what to say—I was playing with the boy in the yard part of the time, and I was helping my father—I was turning the roaster—I suppose it was about an hour and a half from the time the boy came till he went away who the coffee—I was in the yard the whole of that time—my brother was not with me—my father never spoke to me at all about what I saw on that occasion—nor has my mother nor Mrs. Sickle more, nobody has said a word to me about it till to-ay—I came here with my mother and uncle—they have not been talking with me about this matter—from the time I was turning the roaster till now they have never talked to me at all about this matter—I have not been to school the list month—I do not know whether I shall go again after the holidays.
MR. WOOLLETT. Q. Did you go before the Magistrate, and give your evidence there? A. Yes.
MARIA SICKLEMORE . My husband is a commercial traveller; I live at the prisoner's house, No. 6, Stepney-causeway, with my husband. On the 30th of Dec. I was going from the front parlour to the passage—I met Mr. Gatenby in the passage, and the little boy with a sack on his shoulder—I think this is the same boy (looking at James Lengthy, jun.) but I could not swear it—they were coming from the yard—I heard Mr. Gatenby ask the little boy if he would have a bit of plum-pudding—he said, no he had plenty at home—and Mrs. Gatenby said, "As many plum-puddings as you taste so many happy months you will have in the year"—I was in the yard I should think about two or three minutes—as I came back, Mr. Gatenby was letting the little boy out at the street door—I am quite sure the boy did not return after he had the pudding, if he had he must have passed me—I think the yard is as long as from here to the further window.
Cross-examined by MR. ROBINSON. Q. Are you a sister of the prisoner's wife? A. No; I am no relation—I have apartments there—I have known the prisoner and his wife since March last—my husband travels, for Mr. Grant,
a perfumer in the City—I was scarcely three minutes absent—I merely went to throw some water out in the yard—I should say the boy left about half-past one o'clock—all I went for was to throw some water from a basin into the sink, which is about as far as from me to the bench—I never talked to the little boy (Gatenby) about this—I told him this morning to mind and speak the truth—both his mother and I asked him on the Friday, the day his father was taken—there has never been any conversation between me and the boy from the time of this transaction, except when we asked him on the night the prisoner was taken whether he recollected anything about it—I do not remember the words his mother asked him—I remember she said the little boy was in the yard turning the roaster—that was said in his presence—the boy Gatenby said he was in the yard, and he said he knew the boy would not return after he had the pudding, for he thought it was talked about—that was before the conversation with the boy that I have been speaking of—I believe the boy was present—it was all in one room—the child was asked on the Friday if he knew about a little boy having any pudding, he said no he did not—the little boy never returned to the yard after he had the pudding—the boy said at the police court, that Mr. Gatenby brought his own little boy a piece of pudding, and then dragged him in to have some, and he said, "What a story"—I will swear that I have not had any conversation with this child in particular—it has been talked about in his presence—his mother has talked about it—I have not heard her speak to the boy—I have lived in the house since March—I have never said that I was related to these persons.
MR. WOOLLETT. Q. Are you quite sure that when you went into the yard, you saw the boy with the sack, and heard the conversation about the pudding? A. Yes, as I came out of my room—at that time the sack was on the boy's shoulder—I ran up against the boy—the passage is rather dark—the little boy was examined before the Magistrate—these conversations were before he was examined—he was asked if he remembered the little boy being in the yard, and he told his mother the same story he has to-day.
COURT. Q. Did you go into the back parlour at all? A. No; when I went into the yard, Mr. Gatenby's little boy was turning the roaster—I did not remain quite three minutes in the yard—he was turning the roaster all that time.
COURT to WILLIAM GATENBY. Q. You remember Mrs. Sicklemore running into the yard? A. Yes; when she came, I was turning the roaster—I continued to turn it some time, not a quarter of an hour—when I had done turning, the coffee was put into the cooler—my father came back—he did not bring the sack—that coffee was put into a bag, and my brother Bob was sent home with it—that was after Mr. Curry's 51lbs. was done—my father did not put some fresh in after the little boy was gone—before the little boy was gone he put some in, and left me turning, and they both went into the house together—I know that he sent that away by Bob, because I saw it go away about half an hour afterwards—I think it was for Mr. Wardle.
ELIZABETH GREEN . I live at 1, Fox's-lane, Ratcliffe-highway. My husband is steward of a ship—I was at Mrs. Sicklemore's on 30th Dec., dress-making for her—I was at work in the front parlour—I heard some conversation between Mr. Gatenby and the boy—I should say it was between 1 and 2 o'clock—I heard Mr. Gatenby ask the boy if he would have some plum-pudding—the boy's reply was, "I have got some at home"—from two minutes and a half to three minutes after that conversation, I heard the street door go—I cannot say whether the boy ever returned into the yard after that conversation: I could not see.
Cross-examined by MR. ROBINSON. Q. Were you before the Magistrate? A. I was not—I did not see the boy nor Mr. Gatenby—I spoke to Mrs. Sicklemore about this matter—I did not hear anything more till Friday, when I was at Mrs. Sicklermore's, at work—they told me what the subject, was, and I said what I heard—I say it was two minutes and a half afterwards, that I heard the door go; it could not exceed three minutes, that I am sure of—three minutes had not been mentioned to me; it is no more than I should naturally suppose—I have had no conversation with Mrs. Sicklemore about it—I was not at the house from that Friday till Monday evening—I went to the house yesterday morning—I came with Mrs. Sicklemore here to-day—I had no conversation with her particularly—I cannot say that such a thing might not pass—I could not say we did not talk about the matter—the child did not come with us, but with his mother.
WILLIAM STEPHEN CORBISHLEY . I am a coffee-dealer. I saw some damaged coffee in the prisoner's possession—this sample (the sample produced from the prisoner's house) corresponds with the coffee shown me at his house; I believe it to be a portion of the same coffee—this other sample is quite different from the other.
COURT. Q. Which is the best? A. There is so much better in this, and there is none like the other—there is fine plantation in this, and bad Brazilian; the other appears to me to be damaged Ceylon coffee; it is different altogether—I should consider this worthless in its present state—anybody would see it is not worth anything.
JOHN WARDLE . I am a grocer, of Wapping-wall. I do not recollect, on 30th Dec, receiving any coffee from the prisoner—he has been roasting for me ever since he has been in business—I never sent any coffee to him, and received a different sample back—I do not know any particular day that I received coffee from him—I have sent coffee to him, and received the same back—I have known him ten years—his character has been upright, honest, and industrious—I have had hundreds of pound's worth of property pass through his hands.
(Several other witnesses gave the prisoner a good character.)
GUILTY.—Recommended to mercy by the Prosecutor and Jury.— Confined Four Months.
THIRD COURT.—Wednesday, January 7th, 1852.
PRESENT—Mr. Ald. CUBITT, and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
STEPHEN KING . I am assistant to Mr. Monk, pawnbroker. I produce a waistcoat which was pledged by the prisoner in the name of John Peacock, at a little after 6 o'clock last Saturday evening—the prisoner is known at out shop.
Prisoner's Defence. I received the waistcoat from a person named Michael Cawley to pledge for him—I had nothing to do with the stealing.
GUILTY .† Aged 47.— Confined Six Months.
MR. BIRNIE conducted the Prosecution.
JOSHUA WEARING . I am a tailor, and live at 1, Northampton-terrace, City-road. On 27th Dec, at half-past 9 o'clock in the evening, I saw the prisoner at the corner of Chiswell-street—as I passed him lie looked after me, and followed me rapidly up the City-road, past Bunhill-fields, and when we came to Nelson-street, I heard his feet spring from the ground, and he struck me on the right side of the mouth, and felled me to the ground—I had two parcels—he snatched one from under my arm—I lost the other, but cannot say what became of it—this one (produced) is the parcel he took—it is mine, and is worth 18s.—he ran across the City-road, into Windsor-terrace—I followed him immediately, calling "Police!" and I did not lose sight of him—I struck him at the back of the right ear, he fell, and as he fell he threw the parcel on the pavement—Dowling came up—I picked the parcel up and gave it to him.
Cross-examined by MR. HORRY. Q. How far did he keep following you A. About three-quarters of a mile—I did not strike or push him when I first saw him—when I walked too fast for him, he ran—he did not fall before I struck him—he was the worse for liquor.
PARTICK DOWLING (policeman, 251 N). On Saturday night, 27th Dee., about a quarter to 11 o'clock, I heard a cry of "Police!" in the direction of Windsor-terrace—I went, and saw the prisoner run across the road, closely followed by the prosecutor—I followed the prisoner, I turned into Windsorterrace, and saw the prosecutor pick up this parcel which he afterwards gave to me—I stopped the prisoner.
Cross-examined. Q. Did the Magistrate order you to make inquiries about him? A. Yes; I find that he has been in the employment of Grissell and Peto ten months, and never missed a day's work.
MR. HORRY called
Cross-examined by MR. BIRNIE. Q. Do you work together? A. Yes; the prisoner lives in Westminster—he worked on the Saturday this happened, and after we were paid, we met outside the gate.
MR. HORRY. Q. Where did you go to? A. To a public-house, at the corner of Westminster-bridge—we there had two quartern of gin and two pots of beer—we then went across the street and had two pots of beer, and two 6d. worth of gin—we then went to a public-house in the Westminster-road, and had 6d. worth of gin—we came outside the door, he fell down, and I fell on top of him—we got up, and I did not see him again that night.
MR. BIRNIE. Q. Where did you part from him? A. In Tower-streftrr that was between half-past 8 and 9 o'clock.
(John McDonald, in the employ of Grissell and Peto, also deposed to the prisoner's good character.)
GUILTY . Aged 20.— Confined Three Months.
OLD COURT.—Thursday, 8th January, 1852.
Before Mr. Baron Platt, and the Fourth Jury.
MESSRS. BODKIN and CLARK conducted the Prosecution.
FANNY KNOTT . I live in Ryler-street, Grosvenor-street. The deceased Louisa Bare was my daughter, and the prisoner's wife; she had been married to him twenty years—I remember their living in Vineyard-gardens—I was there about five weeks before my daughter's death—I saw her there—I did not see the prisoner there, but I met him as I was going home—he offered to speak to me, and I told him to go along like a bad man as he was, I had seen my daughter ill-used—he wished to speak to me, and I told him I did not wish to have anything at all to say to him—that was all that passed on that occasion—I saw him again on the Thursday night before my daughter's death; he came to my house, my daughter was not then living with the prisoner—I knew that at the time—he asked me if I had seen the little boy—I told him I had not seen him since the morning he passed the top of the street with him—he asked me if I knew where his wife was—I said I did not—he said he would be revenged on some one; he would do something to some one, but he would not say who—he did not say anything more.
Cross-examined by MR. BALLANTINE. Q. Just recollect yourself; did he use such a term as being revenged? A. Yes; and I told him vengeance belonged to the Lord, that it was not for him to take revenge—I have always remembered that he used that term—I did not tell those who made inquiry about it before—they did not ask me whether I had seen him before, or whether he said that be would be revenged—this if the first time I have stated it.
COURT. Q. Were you examined before the Coroner? A. No; I was before the Magistrate—this is the first time I have said that he said he would be revenged.
SARAH ABRAHAMS . I live at 5, Brooks'-gardens, Bagnigge-wells. I know Mrs. Hans—in Oct. she was living at my house before the prisoner came after his wife—she had been there twelve months—during the time Mrs. Hans was there, another woman came to stay with her, she called herself Mrs. Bare—she came about a fortnight before her death—she stayed four nights and went away with Mrs. Hans—a little boy, my son by my first husband, named Brackstone, took two of the woman Bare's boxes away when she left—it was on a Friday evening they left—they both left together—on the Monday after that the prisoner came and said, "Have you a little woman living here? I do not know her name, she is a little short woman"—I said, "I suppose you mean Mrs. Hans?"—he said, "I do not know her name"—I said I had a woman of that description, and likewise a person they called Mrs. Bare—when I mentioned Mrs. Bare the prisoner said that was his wife; he then asked if I had not had some boxes come there—I told him that there were two boxes, but they were gone—he wanted to go up and see if his property was not in my place, and I said, "Can't you believe me, they are gone; Mrs. Hans and Mrs. Bare went together, Mrs. Hans did not tell me she was going"—he said, "Are you aware that I can go up and burst the door open, if I thought my property was in your place"—I said, "You will do nothing of the sort; if you go and
get authority you shall search the place, but not before"—he went away after that, and came back the same day with a woman—he came again almost every day, and said just the same, and said I must know where they were gone to—I said I did not know, and I did not—he came on Saturday, the 8th, about a quarter-past 6 o'clock in the evening—I said I was going to send my little boy to see if Mrs. Hans intended to come back again, or to give up the key of the door, and if he liked he could go and see if his wife was there, for I did not know—he then went away—on the Friday night before, he said he was afraid his wife was going on wrong, and if he thought she should cone to be in the emaciated state his poor child was in, he would sooner die it Newgate than see it—he did not say he would sooner be hung—I sent my little boy on the Saturday evening fur the key of my street door, and the prisoner went with him—they left at about a quarter past 6.
Cross-examined. Q. Did be say he was afraid his wife was going on badly? A. Yes; I have seen his daughter once; she came and asked if Mrs. Hans and her mother were there, and I said they were not—she is now down stairs—I do not know her age.
EDWARD BRACKSTONE I live with my mother, Mrs. Abrahams, at 5, Brook's-gardens, Bagnigge-wells. I recollect Mrs. Hans and Mrs. Bare living with my mother—they left on a Friday night, and I took two boxes for Mrs. Bare on a barrow, up to Marylebone—I do not know the name of the street—I think the number was 33—I remember the prisoner coming to my mother's on a Saturday night, and I went to the same house where I had taken the boxes—I showed the prisoner the way—we left ray mother's house about half-past 6 o'clock—it took us about three-quarters of an hour to walk—on the way, we went first to a public-house in Leather-lane, and then we went to one at the bottom of Holborn-hill; but he did not have anything tardiest there—he stopped at three public-houses; we went to one at the corner of the same street where I had taken the boxes, and to a Jerry shop a little higher up—at the public-house he said that public-house was too open for him to sit in, in case she might come in, and then she would not go home—he then went to the Jerry shop, and had some ale—before we went to the house he said he would try to take the boxes home; that he would take one, find I should take the other—we then went to No. 33, and went into the parlour, where we saw the landlord—the prisoner bad some conversation with him—I went out twice for beer, and when I was coming in the second time, the woman who had been at my mother's followed me in—we had then been in the house half or three-quarters of an hour; during which time the prisoner had been in the parlour, with the landlord and landlady—when the woman came in, the landlord said to the prisoner, "That is her;" and he said, "Now, don't you kick up any disturbance at all"—the woman went up stairs—she did not see the prisoner—the prisoner took the candle, and followed her up immediately—they had been up stairs a short time when the prisoner called to me and said, "My lad, come and fetch the boxes downstairs—I went up stairs and found them talking together, in a back room on the first floor, standing near the window—I did not hear what they said; they were talking very quiet, and appeared to be friendly—the prisoner said, pointing to a box, "Here, my lad, you take this box down stairs"—I took the box, and as I came out of the room the woman began screaming; and I saw the prisoner hitting her—I put the box down, went across the room to him, and said, "What is the use of hitting your wife like that?"—he said, "Trouble your head with your own business"—I saw him give her two or three blows about the breast before I left the room—he struck her in this
way, jobbing down—I did not see anything in his hand; the was screaming out when I left the room, and as I was going down stairs she screamed out "Murder!"—he said, "Make haste"—there were two or three persons on the staircase—she did not scream "Murder" before I left the room—I did not see or hear any person speak to the prisoner before I went down stain with the box—I put the box in the parlour; went up again to fetch the other down; and as I was going up, I met the prisoner on the stairs, coming down; and he said to me, "You bring the other box down, and I will carry it away"—I went into the room, and saw the woman lying by the fireplace—there were two or three persons by the door, but none in the room—the woman was kneeling down, and leaning up against the fireplace, on her knees—I did not hear her speak or groan—there was blood on her face—I took the box down stairs, and put it outside the door of the house—the prisoner was then gone—I left a person at the door to mind the box, and went down the street, and saw him on the left hand side, by a baker's shop—I saw blood on his right hand—I said to him, "You come hack; you have killed your wife"—he said. "No, I have not"—I said, "You have"—he said, "If I have, you tell the policeman"—I told a policeman, who was on the opposite side, by the public-house—during the time I was in the room, when I went to fetch the first box, I did not see the woman strike the prisoner at all.
Cross-examined. Q. What was done just before the man hit his wife, or what took place the moment before; what was she doing; how was she situated? A. They were standing up, talking together—I did not hear any scream before he hit her; directly he hit her she began to scream—I saw the first blow struck—they were talking together before that by the fireplace, but I do not know what about—they were standing opposite to each other—I cannot recollect what was said—I did not hear her use any ill language to him—I did not hear him ask her about any man who used to visit her—I did not hear him mention a man named Thompson—she was angry about the boxes going, and when I went in to take them, she said, "Oh! you cruel boy to take them boxes away"—I did not hear her say she would not have them go—I only knew her by her living at our house—I know a person named Thompson, who lives in Bath-street—I never saw him with her'—I did not see anything in the prisoner's hand, or the woman's—I was quite close to them, and looking at them—I saw the hand with which the prisoner struck his wife—if there had been anything in it I think I mast have sees it.
COIUR. Q. Still he struck in that sort of way as a person would do who was stabbing? A. Yes.
MR. BALLANTINE. Q. Did she begin screaming more violently after you left the room? A. Yes; after I left the room she began screaming out "Murder!"—the screams were of quite a different kind to what they were before—he was striking her when I left the room—I was nearly at the bottom of the stairs when I heard the cry of "Murder!"—that did not take me two minutes.
COURT. Q. Are you sure he had not given her a blow before the one you saw? A. I saw him give her the first blow when I was in the room; but she had not screamed before that—he could not have given her a blow before that while I was in the room—I must have seen it.
GERORGE LANNEY . I keep the house, 33, North-street, Marylebone—the deceased lodged at my house a fortnight, in the back room, on the first-floor—I knew her by the name of Knott—I remember the prisoner coming; I opened the door to him; the last witness was with him—the prisoner asked me if Mrs. Bare was at home—I said I knew no such name, and repeated
the names of the lodgers till I said, "There is a Miss Knott and Mrs. Hans lodging together"—on my mentioning that, the prisoner said, "Knott is my wife's maiden name"—he went on to state that there was property of his in the house; that a daughter of mine had got his wife away to lodge in my house with her—that was false—I replied that I had daughters, but no connection of theirs—I told him Mrs. Hans was not my daughter—he said there was property of his in the house, and he would burst open every door but what he would have it—he said he had two boxes—I told him if there was property of his I would assist in getting it, but to have a policeman rather than burst the door open, because I thought it was not legal, being a furnished house and a lodging-house—I said if his boxes were there, this Miss Knott would be in at 9 o'clock; she was so regular I could depend upon her—I asked him to walk into the parlour, which he did, and sat down with me for a long time—I remained with him—he said a great deal to me, too much for me to relate—we were together nearly an hour and twenty-five minutes—he spoke in very bad terms of his wife, and said she and the other one were nothing bat two prostitutes, and did I know I had such character! in the house—I suppose by the other one he meant Mrs. Hans—I said as far as I knew I had never seen or known anything wrong—his wife came home at about five minutes to 9—I did not see any one with her—she went along the passage and up stairs—the parlour door was open, and the prisoner could have seen her, and I believe he did—while she was in the passage I said, "This is the good woman you want to see," and I put a candlestick and lighted candle in his hand, and he followed her up stairs with the candle in his hand—I then went out into North-street, in pursuit of a policeman, for fear of a disturbance—I did not think of doing that before; I was only afraid there would be a piece of work—when I returned with a policeman it was all over; I found my wife bathing the woman's temples—I believe she was then dead.
COURT. Q. Where did you find her when you went back? A. She was in her own room, in the act of lying back.
Cross-examined. Q. Had the boy come for the boxes before the prisoner came to the house? A. Yes, the same evening—my wife then answered the door—she is here—I had never spoken to Miss Knott, and had never been into her room—the prisoner wanted to get the boxes before his wife came home—I think it was his intention, by his words, to have broken the door open.
REBECCA LANNEY . I am last witness's wife. On Saturday, 8th Nov, the boy Brackston came for some boxes, which I refused to let him have until proper authority was given—in a short time the prisoner came back with the boy, and sat with me and my husband in the parlour for an hour and a half—the woman came home, and went up stairs, and the prisoner went up after her—my husband went out for a policeman, and I stood on the mat at the foot of the stairs, and heard talking in the room up stairs—I believe the door was closed; I could not hear what passed; they were talking quietly—after they had been talking a short time I heard the prisoner call to the boy to come up stairs—I was in the passage at the time, and told the boy to go—the boy went up, the prisoner opened the door, and I heard him tell the boy to take the boxes down—I did not hear anything particular until that time—I went with a candle to the door, to see if I could see my husband, and then the screeching began—I went back to the foot of the stairs, and heard great screeching, and a fall, as if a table or drawers had fallen over—the boy was then bringing down the boxes—the screaming continued after the fall for
about a minute and a half, or two minutes, and then the prisoner came down—I had not noticed the boy go up for the second box; I think be must have gone up while I was on the step—I was going up stairs when I saw the prisoner coming down, and I turned back and opened the door for him—I noticed his hand was smeared with blood—he went out into the street—I closed the door, and immediately went up stairs to the woman's room—when I went into the room she was kneeling, as it were, on one. knee, over a chain which had been thrown across the fender—her hair was scattered about her face—I put my hand and put it back—her eyes were wide open, looking upwards—she was resting on the chair; her hand was clutched, about half open and half shut—there was a wound on her cheek, from which blood was flowing—she bad no bonnet on; I think it was in the fender—she half a victorine round her throat—I took it off, and put my hand there, to see whore the blood came from; I did not know at first—I did not see any blood there only on her face, and I took some water and threw it on her face—she did not speak after I got in; she struggled, and I thought she was in a fit; she made a noise, and threw her head back, but yor eyes never moved—the doctor, Mr. Davison, soon afterwards came, but she was dead before be came—I should say it was from five to eight minutes after the prisoner left that the doctor came—I had not, been into the room before; they had only been with me a fortnight.
Cross-examined. Q. Were you in the habit of going into her room? A. I had never been before, I cannot say whether she was in the habit of using any tools.
COURT. Q. She was there a fortnight? A. Yes, exactly—I never saw but one visitor during that time; that was a male—he, called on the Sunday after she came—I believe his name was Thompson—I. have since heard that is his name—he was not called so—when he came he rang the bell—I opened the door and he inquired for Miss Kuott—he did not say who he wanted—the deceased heard him, and was coming down at the time—she went back again, and he went up-stairs with her—I do not know when he came down again—I did not tee him go—I believe Mrs. Hans was at home at the time—she was at home before, and I am not aware that she was gone out.
SELINA BECKETT . I am the wife of Charles Beckett, a printer, and live in the front-room first-floor of this house—I knew the deceased, she went by the name of Miss Knott, and lived in the adjoining room—another woman named Hans lodged there—they both slept in that room—on 8th Nov., about half-past seven in the evening, I was in my room; the deceased came home—I did not Ree her—I heard footsteps a few minutes before nine and heard her go into her own room—a few minutes afterwards I heard the footsteps of another person following bar up stairs, and a few minutes after they both got into the room the door was shut—I heard quarreling between them—I heard him call her a blasted b----ch—soon after he-come in said "I wish to take away the boxes"—he accused her of being at a low public-house—he mentioned the name, of it, which I do not remember—after that, he said she was with some low prostitutes—she said, "So help me God I was not there"—that transpired—I went downstairs—I have told you all that transpired—I heard him say he would not go out without the boxes, and she said, "If you will sit down, I will explain everything to you"—the last words I heard him say were blasted b----I—then ran down-stairs to tell the landlady they were quarreling—she was standing on the step of her door—I then returned into my own room—I heard nothing then, but I ran up quick, shut the door directly, and as soon as Dgot
in heard a scream of "Murder!"—I came out of my room—the back-room door was wide open—I saw a boy standing just within the door, who had come to fetch the boxes away—he had a box on his shoulder—the deceased and the prisoner were in the room against the window, fighting—the prisoner had his right hand raised, striking several heavy blows—she did not strike him—they were standing close together, they fell down together, and they never appeared to be separate—she seemed to have hold of him—she neither struck or attempted to strike him, in my presence—I saw him strike her four or five heavy blows before she fell—I did not see that he had anything in his hand to strike her with—I could see nothing but his clenched fist—he struck like this (downwards)—she was stooping down, while he was striking her she called "Murder!" four or five times—I did not hear her say anything else—he did not say anything to her—I said to the boy who was standing near the door, "Go and take him away"—and the boy said, "I shall not touch him, for it serves her Joilly well right"—after she was on the ground she raised herself up again, and he got up too, and by that time she had reached the fireplace, and then he struck her five or six more heavy blows, which appeared to be on the head and face—her hack was to me—she did not attack him, or strike him, when she got up—when she raised herself she had got hold of him round the waist it appeared, but his back was to me—I could not see her hands, after the last blow, she fell on the fender, and he came out of the room, and passed me on the mat—I cannot say where the last blow was struck—her back was towards me then, and there was a very dim light, a candle in the middle of the table—it is a small square room, about as large as from me to that lamp—the fireplace faces you as you go into the room—it was at the fireplace she died—the prisoner said nothing to me as he left the room—I did not see him go out of the house, but he went down-stairs—he passed close by me—I could not see whether he had anything in his hands at that time—I was too much frightened.
Q. You say she said nothing, but did you say anything to the prisoner? A. Nothing; after he had gone out I stood and looked at the woman a few minutes, hesitating whether I should go into the room or not—she sat with her face down, and her hair down, and her eyes fixed—I noticed blood running down her face, and about the room, and on the hearth—I ran down to the landlady, and in about ten minutes saw the woman dead.
Cross-examined. Q. Was not this the last observation that was made, did not he say, "I want nothing of you but my boxes, and so help me God I won't leave the house without them?" A. Yet, that is what he did say, but it was not the last that was spoken—that was said just before the last expression—I was examined before the Coroner—I told him, to the best of my recollection, that the boy said, "I shall not touch him, for it serves her jolly well right"—what I said was taken down in writing and read over to me; I signed it—I will not say that I stated before the Coroner that the boy said it served her jolly well right, because I do not know whether he asked me—I think I did say it, but I would not swear it—I only answered the questions put to me.
COURT to EDWARD BRACKSTONE. Q. Have you been in Court and heard this young woman's evidence? A. Yes; I did not say, to my recollection, that it served the woman jolly well right—I never spoke to her.
MR. BALLANTINE. Q. Such an expression as that ought never to be forgotten, can you say whether or not you used such an expression to her? A. I am sure I did not.
COURT. Q. Why did not you interfere when the man was beating the
woman? A. Me interfere, Sir? what could I do?—I could not have done any I good to him—I could not lay hold of him and pull him off—I had not been I drinking at three public-houses with the prisoner—I drank at two—we had I two pints of beer between us—we smoked—I am eighteen years old.
EMMA WEBSTER . I am the wife of Thomas Webster, of this house in North-street, Manchester-square. I recollect the deceased, who went by the I name of Miss Knott, coming home on Saturday night—my room is the back—I parlour, and she occupied the room over me—I heard her go up into her room, and heard some one fallow her—I heard loud talking in the room—I distinctly heard Miss Knott say, "So help me God!" with some short Christian name, "I have not done it"—I heard a man swear, I believe it was the prisoner—I heard screams about two minutes after she said, "So help me God! I have not done it"—I almost immediately heard him call the boy to fetch the boxes—the boy passed me on the stairs to go for the boxes, and I crossed any room to the window, and heard the first blow struck, and the woman scream—I then went part of the way up stairs, nearly to the top, and could hear the woman's voice—she called "Murder!" two or three times—her last words were, "Oh, he has murdered me"—the boy was in the room at that time—I lost my sight in the fright, the prisoner touched my dress as be went out—I was very much alarmed.
MARY ROBINSON . I am the wife of Samuel Robinson, a stonemason, of 5, Half-moon-passage, Aldersgate-street—I was acquainted with the prisoner and his late wife—after she had left him he came to my house to make inquiries of me about her—I knew where she was for a little time, I could not tell him at that time—about a fortnight before she died, he came to my house one morning and asked me whether I knew where his wife was—I said no, I did not—he said, "I have heard of my wife, she is 100 miles away, nursing an old lady; I don't mind tramping 100 miles to have revenge, for revenge is sweet"—he said if he could trace out where the boxes went, that was what he wanted.
Q. Just tell us how he said it; what did he say first? A. He said, "I have heard yesterday my wife is 100 miles away, I don't mind tramping 100 miles so long as I can trace out where the boxes went to, for revenge is sweet"—I said, "Why should you think wrong of your wife, did you ever find her doing wrong?"—he made this reply to me, "Why, I do not know, I have seen her making up some finery, and that is only fit for a loose woman in the street"—that was the remark he made to me—I said, "You know nothing wrong of her?"—he said, "No, I have always found her just, from the very first hour she met with me to the hour she left me"—he sent a letter to me the following day—he said he would not come any more—I could not tell him where she lived, because I did not know at that time—he wanted me, if I could tell him where she was, to come there for a few minutes—he wanted me to make some appointment—I said I could not tell, I knew where she was at work where I sent him, but she was only there for a day or two—in the course of that conversation, he said, "If I catch hold of her, she will repent it," he would lay his hand on her, and she would not forget it—I think the phrase was, "She will repent it," as near as I can say.
REBECCA LYNAM . I am the wife of Robert Lynam, of Friars-street, Blackfriars-road; he sells tools. I heard of the death of the woman in Marylebone from a policeman who called on a Monday; I forget the date—ten days or a fortnight before that, I cannot be certain which, a man, who I believe to be the prisoner to the best of my belief, came and bought a flat file—on the same day, about twenty minutes afterwards, but I am not certain, he came back
and said the file did not answer his purpose, and wished me to change it—I said, "No, I shall not change it; because I do not think you bought it here"—he pulled something out of his pocket, and said, "Yes, I did; I b ought this at the same time to convince me that he bought the file there—he selected another file, a triangular one or three-cornered one; I think they call it a saw-file—this (produced) is the sort of file, and it is also of the same magnitude—we had several of the kind at one time, and we had one or two left at the time this was bought—to the best of my belief, it was the prisoner who changed the file—I have not sworn that it was him—there is the maker's name on this file, and on others that we have—we had one or two files in the shop with the maker's name on them after selling a similar file to this—the policeman took one of them away; this (produced) is it, because it has a broken point—the maker's name is Robinson—that is not my husband's name—I cannot say whether the file I sold was sharp of blank, but it was rusty, because we never clean any tools.
Cross-examined. Q. You have been asked about this mass a great number of times; who came and found you? A. A policeman came and asked me when I had sold files last—if the prisoner is the man, this is the file he first bought to the best of my belief (looking at one)—he bought a file that was not sharp at the top at all—he brought it back in about twenty minutes; I do not swear to the file or to the man—I did not notice any maker's name on the second file he bought before I sold it—I know now that the other files have got Robinson's name on them, but I had not looked previously—we are marine-store dealers—we had bought these with a lot of old files together—we do not take account of everything we buy—we do not look over them carefully to see if they are made by the same people—a good many people come to oar place—I speak to the prisoner to the best of my belief, by seeing him come back to change the file; if he is not the man I am very much deceived, and shall never again think of recognizing a person a second time—he was dressed similar to what the prisoner is now, fustian trowsers, a dark coat, and a hat—he was a man of middle height—I cannot recollect whether he paid 1 1/2 d. 2d. or 1d.—we sell everything that is brought to us—we have knives sometimes; I do not know whether we have any at the present moment.
COURT. Q. You deal in marine-stores? A. Yes; a person might bring a dozen odd files to me, and I should buy them—ours is not like an ironmonger's shop, where files and knives are bought by the gross or the dozen—we buy anything that cornea—we bought a lot of files of the same person, bat I cannot recollect who the person was—the file I ultimately sold the man was one bought of the same person—they were mixed with other tools—we pick them out—they were not put in brown paper together; we do not have anything in paper—they were brought like workmen's tools, like a man giving up business or leaving his employment—I do not know whether Robinson is a very common maker's name for tools—I should not have seen this, if my attention had not been called to it when the comparison was made by the policeman.
CHARLES RUSSELL . I am a paper-hanger. I was at the door of Mr. Lynam's shop, when a man came to change a file—I did not take much notice of him—I cannot tell you how he was dressed—I did not see him come in; he was outside when I saw him—I cannot say whether the prisoner is the man.
Cross-examined. Q. You do not feel any certainty on the subject? A. No; I cannot tell how the man was dressed—he had a hat on—I did not notice his trowsers or coat—he was rather round in the shoulders—I slightly looked at him.
COURT. Q. What were you doing at the door? A. Hanging out some I things for Mrs. Lynam—the man went to the right-hand side of the shop, I where the files and tools were kept—I did not see him go into the shop or I come out—the things are all kept outside—I heard him say, "This file will I not do"—she said, "You did not buy it here," and he palled something else I out, and then I went inside the shop and left them outside—I had no occasion I to take particular notice of him and cannot swear he is the man.
JOSEPH CHURCH (policeman, D 129). On 8th Nov. I was on duty at the corner of North-street and South-street, Manchester-square, about 9 o'clock, I or as near as possible, and saw the prisoner at the corner of the Bedford Arms, having a glass of something; I think it was gin—he came out of the I house, and said to me, "Are you going to do anything in this?"—I said, I "In what?"—he said, "I have done a something"—his voice faltered very I much—I said, "What have you done?"—"OH," he said, "something between me and my wife"—I said, "What is it? where is it?"—he then I turned from me, and crossed to the other corner—he appealed to bare been I drinking—I do not think he was drunk—at the time be left me and crossed the road, the boy Blackstone—came up and made a communication to me; on which I went up to the prisoner, and said, "Will you go along with me?" "Oh, yes," he said—I west with him to 33, North-street—there was another constable coming after me—there was a box at the door of the house; and the prisoner said, "If it bad not been for these boxes," or "trunks, this would not have happened"—I took the prisoner into the parlour, left hint there in charge of another constable, went up to the back-room first-floor, and saw a woman lying, with her bead and shoulders on the fender, apparently; the landlady, and another person, were in the room at the time—I observed seven wounds on the deceased's face—there was much blood about the room—I found in the room these two halves of the handle of a file, one within a yard or two of the door, and the other by the fireplace; and I found a file in between the bars of the grate, sloping down between the bars—there was do fire—it was as if it had been thrown in there—it was resting on the cinders and the grate in this way—there are three or four bars, I will not be certain which—there was blood on the handle I picked up, and on the blade—this is the blade—I sent for a surgeon immediately—I found a cap in the fireplace—the point of the file was sharp, as it is now, when I found it—it appears to have been recently ground.
WILLIAM HORATIO GOFF (policeman, D 249). I assisted in taking the prisoner from the house, in North-street, to the station, on this charge—he said, "She, my wife, took a chisel, or something of the sort, to strike me with; I dragged it from her, and gave her the contents"—his right hand was covered with blood—his left hand was not so bad—there was blood on his chin—I conveyed him to the station, and found 4s. 1 1/2 d. on him—he asked me at the station several times whether his wife was dead—I told him I did not know—some one was sent from the station to North—street to inquire—I afterwards heard a policeman named Jackson state, in the prisoner's hearing, that she was dead; on which I understood him to say, "Lord Christ Almighty!"—he said, "I have a boy in bed at a public-house; little does he think I have murdered his mother!"—he said, "I have a daughter, a prostitute on the town; who would have thought I had the heart to have done it? I wish I was going to be hung to-morrow at 8 o'clock"—this was on Saturday night—he then said, "No, at this present moment."
Cross-examined. Was the expression he used, "He little thinks I have murdered his mother?" did he use the expression "murdered"? A.
"Killed," or "murdered;" I could swear more to. "killed" than to the other—I searched him, and found this apron in his right-hand pocket, this cap in his left pocket, a broken pair of spectacles, and 4s. 1 1/4 d.—it was Church who found the file.
MR. BALLANTINE to JOSEPH CHURCH. Q. You searched the room where the file was found, did you not? A. Yes; I found no other tools of any kind—I searched so as to know whether there were any—I looked into the cupboards.
ROBERT JACKSON . I was inspector on duty at the station on Saturday night, 8th Nov.—I remember the prisoner being brought there by Goff—he was decidedly under the influence of drink—I sent some one to the house in North-street to see whether the woman was alive—intelligence was brought back that she was dead—on my telling the prisoner that his wife was dead, he rose himself to his full height, put both hands to his head, and Raid, "God, dead! dead! God Christ Almighty!"—he laid his head on the edge of the dock, and was excessively agitated for several minutes—when he recovered a little, he said, "Oh! that you could kill me now, but you have not the power; oh! that I could be hung this moment, but thank God I am now at rest"—while he was being searched, he said, "It is too late now, or I would have provided myself with a something, and then I should have saved you and everybody else trouble; I did not think I should lose it"—he was locked up in the cell at night; a constable named Hall was placed with him—I have got the victorine, it is pierced in several places in the right breast and shoulder, and other places, by a triangular hole.
Cross-examined. Q. Had anything been said about the file? A. Decidedly so; it had been shown to him—I did not hear him say he had wrenched the file from his wife's hand—it was about half-past 9 o'clock when he was brought to the station—he made use of the last expression at about a quarter past 11.
JOHN HALL (policeman, D 64). I was appointed to stay with the prisoner at the station, on the night on which he was taken—I was locked up in the cell with him—he was put in the cell a little after 10 o'clock, and in about 5 minutes he began to speak to me—the inspector ordered me to remain with him, and be careful to have nothing to say to him, but whatever he said I was to notice—he asked me if his wife was dead; I said, "Yes; you have been told by the inspector your wife is dead"—he said, "Well, I done it, and this is the arm that done it," lifting up his right arm—he said afterwards, anyone that would take the life of another ought to be served the same; he should neither employ counsel or Judge, but should plead guilty—he also said that if it had not been for the boy who directed him to the house it never would have happened—he said, in bringing the big box out of the room his wife got hold of him, turned round to him, and said, "Now, old fellow, you have not got all;" that he then immediately turned round and struck her, or attacked her; I think he said struck her.
Q. You have been examined before; was not what he said this: "If it had not been for the boy showing me where the boxes were, this would not have happened?" A. "Where the house was," he did not say anything about the boxes.
Cross-examined. Q. A man's life may depend on words, you know; just recollect yourself, were not the words he said, or at all events the words you attribute to him, "If it had not been for the boy showing me where the boxes were, it would not have happened?" A. That is right, Sir—no, that is wrong, "Where the house was"—I take upon myself to swear the expression
was, "Where the house was," not "Where the boxes Were—I swear it is not as you have put it to me, because he would not have known the house if it had not been for the boy.
COURT. Q. What did he say; he said it never would hate happened if what? A. If it had not been for the boy showing him where the house was, not where the boxes were, because the boy could not tell—his expression was, that it never would have happened if the boy had not shown him where the house was.
Q. Did he say, "If it had not been for the boy directing me where the boxes were, it never would have happened?" A. Yes; it was inspector Jackson that desired me to be in the cell—he is here.
NATHANIEL DAVIDSON . I am a surgeon. On 8th Nov., between 8 and 9 I o'clock, I was called to 33, North-street—I went up to the back-room, firstfloor, and found a woman there quite dead; blood was flowing from various wounds in her face, neck, and other parts of her body—I observed I six or seven wounds on her face, there were sixteen wounds in front of I the body altogether, which I counted, and from afterwards seeing the I pelisse she wore, there must have been more—about nine of the wounds I were on the body—they were all done by the same instrument; they I were every one of a triangular shape—such an instrument as this tile I would have inflicted them—I opened the body afterwards—the wound I mast have penetrated to the back part of the throat, fracturing the bone in its progress—it pierced the angle of the eye, fracturing the bone—it was I not high enough to touch any portion of the brain—it would require very considerable force to fracture the bone there—the first rib was fractured—the most serious wound was on the first rib, on the left side, a short distance from the breast bone—it passed through the large pulmonary artery leading from the heart; that wound of itself was quite sufficient to have calked death—the wound was just the size of the file—the hemorrhage from that artery would make death certain.
Cross-examined. Q. You examined her body carefully? A. Yes I did not observe any bruises on her body, except a considerable bruise on the angle of the left eye, where there was a punctured wound—I did not see any bruise where there was no wound—I think I must have seen them if there had been, for I examined the forepart of the body very minutely—the cause of death was so obvious I did not enter into minute anatomy—I did not examine the back part; I judge of the wounds there by the tippet.
COURT. Q. Did you first make an external examination before you used the knife to the body? A. I examined the wounds in the face first—I did that minutely, and also the head and trunk; but until I opened the body I could not tell whether the pulmonary artery was cut—I discovered on bruises except those that were round the different wounds.
MARY HANS . I come here from the Marylebone Infirmary. I knew the deceased—she lodged in the same room with me at Brooks-gardens, and moved with me to the room in North-street—nobody but us lived in that room—she got her living by going to work with me at feather bonnets", in Wigmore-street—she was, I think, about forty years of age, about my own age—she was a little taller than me, but not much—I do not think she was a very strong woman—I never saw such a thing as this file in the room at North-street.
Cross-examined. Q. Had you anything to do with this woman leaving her husband? A. Nothing; I did not tell her fortune, or anything of that kind—I never did such a thing as that—I have known her since the latter end of Sept. or Oct.—a man named Thompson came to visit her—I have
never said to her, nor to anybody, that Thompson would be her stem; husband—Thompson came once, about half-past 8 o'clock, or later than that—three times was all that ever be came—a friend of mine had laid his wife out, and nursed his child—I have not seen the deceased working at wood or boxes—I never saw her at work, except on the work she took in.
COURT. Q. Did you see Thompson at North-street? A. Yes; we never saw him till we went to North-street, and then he came to tell Mrs. Bare about her husband—he staid half or three-quarters of an hour—I was in the room all the time—he called three times in North-street, and saw her three time—I was present each time—I observed no familiarity whatever between them—he did not kiss her, or put his arms round her waist, or treat her improperly; quite the reverse—he only treated her with common friendship.
MR. BALLANTINE. Q. You used to visit her, did you not, before she left her husband? A. Never but once; no, I beg your pardon, twice—on one of those occasions I saw the prisoner's daughter there—I did not tell bet fortune, nor did I tell her mother's at the same time—I hardly know the girl—I do not know whether I have seen her here to-day—I have had quarrel with her—she threatened my life, but I was not aware of it at the time; and yesterday she attacked me in the office.
COURT to MRS. LYNAM. Q. Take that file to your band; was the file in that condition when you sold it? A. No, Sir; rusty, as I stated before—it was rusty all over, at both ends—I sold it without a handle.
JURY. Q. Can you swear it was not ground at the point? A. It was not ground, but it was not broken—we sold it in a rusty state all over—it was not polished at the end, as it is now.
MR. BALLANTINE called
COURT. Q. Do you know anything of this large file? A. We use such at this in pipe-making, for our instruments, and for moulds, and differed articles we work with, but we do not use such files as the smaller one.
(James Hillier, William Taylor, of Richmond, William Snell, James Wood, and James Kennerly, all tobacco-pipe makers, gave the prisoner a good character.)
GUILTY of manslaughter. Aged 43.— Transported for Life.
NEW COURT.—Thursday, January 8th, 1852.
PRESENT—Mr. Ald. MOON and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
GEORGE WATERS . I am manager of a lodging-house, 34, Wellclosesquare—I sleep in the back room up-stairs—the prisoner lodged there one week—he slept in a top room; not my room—he lodged there on the night of the 25th Dec.—no one slept in the top rooms but him and me—he went to bed first that night, and when I went to bed I observed his door was wide open—I told him so, and there was a great draught—he said he liked air—I left the door open—I went to bed about half—past 11 o'clock—he had not slept with his door open before—after I had been in bed about half an hour,
I beard some one go down-stairs—there was no other lodger in the house but the prisoner—I did not get up; the prisoner had shown me this weapon (dagger), the night before, and said that was his preserver; I was afraid to go down—shortly afterwards I heard footsteps coming up-stairs—the prisoner went into his own room, and he called out, "George, George! there is a thief in the house;" he put his band on my face; I touched hit shoulder—I said, "Why did you not hold him?"—he sung out for a light, and my aunt, Mrs. Waters, came out of the first floor, and brought a light—the prisoner went down with his drawers and stockings on, and took the light from her—I went into the room with him—the sheets of the bed were turned over, and his things were just polled out of his trunk—he said, "Look here; there have been thieves in the house"—I said, "You art the Yankee thief;" and I said I would go for a policeman—I came down, and the prisoner came down too—I went out, but did not find a policeman—I came back, and Mr. Cook went out and got one—there were no strange persons in the house but Mr. and Mrs. Cook, myself and the prisoner, my uncle and aunt, and the niece and servant—when I went out to get a policeman, the back door was wide open—I bad gone down into the kitchen the night before to turn the gas off, and as I came up I bolted the door—that door opens into a back yard, which is enclosed with a wall, eight or ten feet high—I did not observe anything that would enable a person to climb up to the wall—there was a ladder, but it hung up by the side of the house—it was not moved—the next house is not inhabited—it belongs to my uncle—that house was all secure—no one could get into that house from the house I was living in.
Prisoner. Have you always been in a situation to know whether my door was closed? Witness. I always looked whether it was closed when you were in bed before me—I was not so drunk the first night you cane as to be carried up-attars to bed—I walked up.
JOHN WATERS . The house, 34, Weeklies-square, is mine—the last witness is my nephew. He sleeps at the top of the house—on the erasing of Christmas—day I went to bed between 6 and 7 o'clock, as I was not wall—I took my watch out of my pocket, wound it up, and hung it where I always do, at the head of my bed—I was awoke between 12 and 1 by a noise on the stairs—my wife was in the room—she got a light—I wanted to see the time, and my watch was gone—my room door hid been shut, but not locked—I went out on the landing, and saw the prisoner—directly I said my watch was gone, the prisoner went down-stairs—I saw him go—he was not down more than one or two minutes, and I saw him come up again—this is my watch—it is not in the same state that it was when I hung it up—it is all damaged and broken—when you get in the yard at the bottom of the stairs, there is a small dust-tub; what we call a beef-tier—it is a small cask, which we put the ashes in from the fire—it is not far from the wall of No. 34 to the wall of No. 35—the wall is eight or ten feet high; but from the top of the tub to the top of the wall it is four or five feet—a person might gut on the top of the wall from there; but they could only get into the other yard, they could not get into the street—there were no marks of anybody having got over.
CHARLOTTE BURNE . I live at 68, Parso's-street, St. George's, at the back of the houses in Wellclote-square. About 2 o'clock in the morning after Christmas-day I found this watch in the yard at the back of my house—tho case was about two yards distance from the watch; they were on the ground, near the water-butt—it might have been thrown there from the other yard—I gave it to the policeman.
THOMAS JOHNSON (policeman, H 135). I was called to Mr. Waters's, 34, Wellclose-square—the prisoner was taken into custody—Mr. Waters said, "I give this man in custody for stealing my watch"—he said to the prisoner, "You must have stolen it; no one else could get in the house"—after the prisoner had got up the stairs he said, "This is your doing, Mr. George; after this I will have a settlement with you"—this watch was brought to the station, and given to me—I know the premises, 68, Parson's-street; it is about thirty yards from 34, Wellclose-square—anything could be thrown from one to the other; it is in a direct line from the yard, 34, Wellclose-square, to the yard of 68, Parson's-street.
Prisoner's Defence. I am an American, I never was in prison before; when I went to this lodging-house I paid 1l. in advance, and had about 11l. in my pocket, and a watch, and other things, but I had to pay a little honourable debt; when at the house they told me I mast buy a goose for the next day, and I pawned my watch, and bought it; I had been in the habit of getting drunk; they said I must leave, and I intended to go home and work my way before the mast, but I was taken and put in prison; when I went to bed that night I had been drinking champagne, and it got in my head; I told George I wanted my door open, I required air; I laid down, but could art go to sleep; I rose up, and heard the door, which was ajar, pushed open; it was perfectly dark; I sung out, "Who is there?" there was no answer; I sung out again, "Who is there?" and I heard them moving the things in my room; I sprang out of bed, and some one put their hand on my face; I made a grasp, and my hand went down a person's back; I called George, and said. "Have you been in my room? he said, "No, go to the devil;" I said some one had been in my room; Mrs. Waters had a light; I got it, and looked round my room, and found no one; Mr. Cook got a policeman, and I went to the station; the sergeant asked Mr. Waters, "Do you persist in giving this man in charge?" I said, "I insist on being given in charge till to-morrow, that I may have this cleared up;" in the meantime they have learned their story by heart.
COURT to THOMAS JOHNSON. Q. When the prisoner was at the station, did you ask Mr. Waters if he would give him in charge? A. No; he was not asked that by any one; he insisted on giving the prisoner in charge; the prisoner did not insist on being given in charge.
NOT GUILTY .
THIRD COURT.—Thursday, January 8th, 1852.
Before Mr. Recorder, and the Eighth Jury.
GUILTY .— Confined Eight Months.
193. JOHN RIPSHER, EDWARD EVANS , and MARY ANN STREET , stealing 46 walking-sticks, and other articles, value 25l.; the goods of Robert Smith, the master of Ripsher. 2nd COUNT—Charging Evans and Smith with receiving the property: to which
RIPSHER pleaded GUILTY . Aged 25.— Confined Ten Months.
(He received a good character.)
MR. BRIARLY conducted the Prosecution.
WILLIAM JOHNSON . I am in the employ of Mr. Smith, of 1, Beech-street, Barbican. On Thursday night, 18th Dec., I bolted up Mr. Smith's doors, and Howell locked them—that was about 8 o'clock—Ripsher left before 8 that evening—I do not think he kid finished his work, but be could leave I that till the following morning.
SAMUEL HOWELL . I am errand-boy at Mr. Smith's On Thursday night, I 18th Dec, I locked the warehouse-door, and hung the key on a nail in the I counting-house—next morning, at half-past 8 o'clock, I found the place open, and some canes missing from a glass-ease—I do net sleep there—I have seen Street bring Ripster's tea two or three times, end take, it to I where he worked, which was under the counting-house, below ground—I do not know at what time he left on the 18th.
JAMES VAUGHAN . I live at 15, New-street, Old-street. I am an oiledleather finisher—I know Ripsher and Street—I was at their house, in George—yard, Golden-lane, on 18th Dec, at about half-past 7 o'clock—Street was there—she went out at 8, and returned at half-past, with Ripsber—Street then I had a bundle under her mantle—they remained at home half an hour, and I then went out together, Street taking the bundle—they returned in about I two hours and a half without the bundle—the bundle was about three there feet in length, and one and a half round—I could not tell what it contained, it such a bundle as might have contained sticks.
Cross-examined by MR. WOOLLETT. Q. Does Street lire with Ripeher? As I believe she does—I do not know whether she passes for Mrs. Riper.
JURY. Q. How was it you were there all that time? A. I went to tee a young woman I am courting, who lives there.
ELIZABETH DAWKINS . I am single, and live at 2, George-yard. On Thursday night, 18th Dec., about half-post 8 o'clock, Ripsher and Street came home—Street had a bundle in her arms, it was very wide and. round at the top—they remained at home half an hour—they then went out together and returned together in about two hours and a half—alter that, they were talking at the fireside by themselves, and I heard Ripsher tell Street that he had been down to Evans's—I do not know whether Street had asked him where he had been—I did not pay much Attention to what they said—they pass as man and wife.
GEORGE PUEKIS (City policeman, 175). On 18th Dec., about twenty minutes past 9 o'clock, I found Mr. Smith's warehouse-door unfastened—another constable came to my assistance, and I sent for the sergeant.
ROBERT PACKMAN (City policeman, 138). On the morning of the 19th, I went to Mr. Smith's, and had some conversation with Ripsuer—I after—wards went to his lodgings, and there saw Street, who said her name was Mrs. Ripsher—I asked her what time Ripsber came home the night before—she said he came home about 8 o'clock, remained at home till haft-past 3 that morning, and never left the house—Eade and the prosecutor were, with me—we then went to Evans's master's, Mr. Ackerman, a walking-stick maker in St. Luke's—I saw Evans there, and asked him if he knew aperaon of; the name of Ripher—he said he did—I asked him when he saw him last—he said about half-past 9 the night before, at his house—I told him I was informed Ripsher had brought a bundle to his house—Evana said be bad ready therefore—that he said he brought it from Mr. Smith's, and asked him to allow him—to leave it there till next day, when he would remove it—I asked him if he knew what the bundle contained—he said he did not—I asked him whether it was anything in the shape of canes or walking-sticks—he said he did not
know, and said he would accompany me to his house, and he did so—he took me to 2, Hull-terrace, York-road, City-road, to a back-room there, and under the counterpane, on the bed, he showed me a parcel, and said, "That is the parcel, and I know nothing about it"—I took possession of the property—the bed appeared to have been occupied the night before—I did not see his wife there—I understand she was in the hospital—the bundle was covered at each end, but there was eight or nine inches in the middle uncovered—you could see that they were canes or sticks.
COURT. Q. Was it a small room? A. Yes, a bed-room and living-room—there was a table and three or four chairs-it is a four-roomed house.
WILLIAM ARTHUR EADE (City policeman, 125). On 18th Dec, at half, past 9 o'clock in the evening, I examined Mr. Smith's premises, and found a trap-door, leading from the working-room under the counting-house to the ground-floor, open—the outer door was also open—next morning I went with Packman to Ripsher's house, and saw Street there—she said she was Ripsher's wife, and that her husband came borne at 8 the night before, and never went out till half-past 8 that morning—I took her into custody—she mid, "Are the two in custody? I took the sticks and gave them to Ripsher."
COURT. Q. Did she say, "Are the two in custody?" A. No; the said, "The parties are in custody; I took the sticks and gave them to Ripsber"—I am sure I recollect what was said.
STREET and EVANS NOT GUILTY .
MESSRS. LOCKE and PLATT conducted the Prosecution.
GEORGE TREW (City-policeman, 26). In consequence of information, on 20th Dec, about 11 o'clock in the morning, I went with Webb to opposite 43, London-road, where the prisoner lives—a short time after we got there, the prisoner came out of his house with a blue bag with something in it—I was in plain clothes—I cannot tell whether he saw me or not—I crossed towards him, and he turned and went to the side-door of the Prince of Walet, which is within three or four doors of his own house—the front-door of the public-house is in the London-road, and the side-door in another street—I followed him—he passed the bar, and went up a passage to a little room at the end, down a step, which was dark—I was close to him, and met him coming out of the room again without the bag—I stopped him, and said, "Where is that bag which you had?"—he said, "I had no bag"—I said, "Yes, you had; it was a blue one"—I pushed him back into the room, and in doing so my foot struck against something, which was this bag (produced)—it is similar to the one he was carrying, and was lying close to where he stood, just by the table; it was a very small room—I said, "This is the bag; what has it in it?"—he said, "I know nothing about it"—I told him I was an officer, and he matt consider himself in custody—I examined the bag, and found it contained 100 pairs of kid-gloves, seventy pairs of woollen, and eight odd gloves—I took him to the station, and afterwards searched his house—I afterwards received six gloves from Mrs. Wilson, which match six of the odd ones I found.
Cross-examined by MR. GIFFORD. Q. Had the room a window in it? A. Yes; looking into the bar—Webb was in front of the bar, five or six yards off, when I stopped the prisoner—the room is round a passage from the bar—Webb was not in sight—the passage was very dark; I could hardly find my way—I found the bag just at the bottom of the step—we were watching
his house from a beer-shop opposite—he passed the front-door of the public-house, and went in at the side.
HENRY WEBB (City-policeman, 258). I was with Trew, in plain clothes in the London-road, on 20th Dec, and saw the prisoner come out of No. 43 with a blue bag—I watched him—he turned down the first street on the, right, and went is at the side-door of a public-house at the corner of the street—the front door is in the main-street, and there are two doors in the side street—he want in at the furthest side-door—we went in—Trew followed him up the passage, I and I remained in front of the bar—in about two minutes, Trew came back with the prisoner and the bag—we, went up the London-road, met an officer of the L division, and we went to die prisoner's house—Trek searched it, and found a quantity of jewellery, rings, plat and watches—while he was searching, I had the prisoner in custody, and also the bag, and the prisoner said." Those I gloves in that bag can be accounted for; they were bought at Mr. Bay Ley's in I Wood-street, Cheapeide"—I asked him for the invoice—he said he hid no I invoice; they were bought as a job—lot about three weeks before.
Cross-examined by MR. GIFFORD. Q. The jewellery and other goods have been returned to the prisoner? A. Yes.
MR. LOCKE. Q. All, with the exception of a watch? A. Yes; which is here now.
MR. GIFFORD. Q. Are there doors all round the public-house? A. Two I are in the main street and two in the aide—the side-doors are just like the I others—it is an ordinary corner public-house—I waited in front of the bar to I see that the prisoner did not come out another, way—I did not hear the con—I versation between Trew and the prisoner—I was within call—the prisoner I did not say he bought the gloves at Bayjey's, but that they were bought—I believe he is a general dealer; he has a general shop at 43, London road—I have known him about two months—he deals in watches, brooches, glasses china, and things of other descriptions.
MARY ROWE WILSON . I am the wife of William Andrew Wilson, hosier and glover, of 43, Mincing-lane, in the parish of Allhallows Staining. Between Saturday, 6th Dec, and Monday, 8th, our shop was broken into—it was left secure on the Saturday night—we lost about thirty or forty dozen pairs of gloves—my husband is never in the business; my brother-in-law and I manage it—I believe these gloves produced to be part, or what we lost—there is no private mark on them, but they agree in colour and quality—these six odd gloves (produced) were found in the window after the robbery, and I marked them—I have matched them with six of those found in the prisoner's bag, and believe them to be pairs.
Cross-examined by MR. HOLL. Q. Do you always keep the gloves in pairs? A. Yes; we never separate them—we have a large stock—we have not sold many of this sort of kid gloves.
MR. LOCKE. Q. Did you ever sell a single glove? A. Never.
HENRY WILSON . I am a hosier and glover, in partnership with William Andrew Wilson, at 43, Mincing-lane. On Saturday night, 6th Dec, I left the shop at half-past 9 o'clock, and fastened it up—I was the last person that came out—no one sleeps there—I locked the padlock, which confines the iron bar at the door—I went on the Monday, at about 10, and missed a large quantity of gloves, shirts, calicos, railway-wrappers, and a quantity of other articles—I have examined the gloves produced, and believe they are a portion of what we lost—I can swear to this pair in particular (pointing them out)—I sold them to a party who brought them back next day; they are a very bad pair, and split in a peculiar manner, and I put them aside in a box
—I found six odd gloves on the Monday—I hare compared them with six shown me by Trew, and they form pairs—they are our property.
Cross-examined by MR. GIFFORD. Q. This pair were put into a box by themselves? A. Yes; I cannot say whether the box was left—some of them are a common sort of gloves, and some of them are of a kind no retail, shop would get rid of, except at a sacrifice—they are to be found at other shops—I am brother-in-law of the last witness.
JOHN MELSON . I am clerk to Mr. Bayley, auctioneer, of Wood-street, Cheapside, and superintend the things sold by him—we never sold these gloves—Mr. Bayley sold the prisoner a job-lot of gloves on 25th Nov.; they were not of the same class as these—that is the last time we sold him any—I have been with Mr. Bayley twenty-three years.
Cross-examined by MR. GIFFORD. Q. Do you know the prisoner? A. Yes; he is a general dealer, and buys job-lots.
COURT. Q. Were those he bought so different from these that they could not be mistaken for them? A. They were quite different—what we told him were forty-seven pairs of dogskin gloves, and these are kid.
(Henry Bray, confectioner, of Crown-row, Walworth; Georye Hayward, baker, one of the Guardians of St. George's, Southwark; James Addington, oil and colourman, of 84, London-road;—Dunn, butcher, of the London-road;—Ellis, dealer in jewellery, of Walworth;—Hall, tailor, of 87, London-road;—Cusan, auctioneer, of 47, Basinghall-street;—Clayton, licensed victualler:—Randall, butcher, of the London-road;—Davit, tobacco manufacturer;—Moss and—Hyams, warders of the Jewish Synagogue;—Burton, auctioneer, of Ludgate-hill; William Duck, dealer in metal; Paul Addington, varnish manufacturer, of Mitcham; Richard Saul, tailor, of 54, Borough-road, and Charles Shaw, watchmaker, all deposed to the prisoner's good character.)
GUILTY on 2nd Count. Aged 37.— Transported for Seven Years.
MESSRS. RYLAND and LOCKE conducted the Prosecution.
HENRY GEORGE GOSNELL I am a clerk, and live at Helena-cottage, Kingsland-road. On 2nd Dec., in the evening, about half-past 8 o'clock, I was walking through Hoxton, and had a watch in my pocket—this (produced) is it—I met a female, spoke to her, and walked 500 or 600 yards with her—a man came up, she ran away, and I found my chain hanging down, and my watch gone—I am quite sure I bad it safe before I met her—his is the chain (produced)—the watch was in my waistcoat-pocket, and the key through a button-hole—the chain was attached to the watch by a swivel which is gone.
Cross-examined by MR. GIFFORD. Q. You were not quite sober? A. I had been drinking, but knew what I was about—the female was not dressed as a Bloomer—I only noticed her bonnet—I never thought I lost my watch while among Bloomers—I said so at home, but that was not true—we were talking and laughing together—she represented herself as a servant girl—we walked together from Whitmore-place to Bridport-place—Bridpoit-place is twilight place, and there are very few people passing there—we were not above five minutes together—we did stand still talking.
Q. Where you only talking to her? (The witness declined answering.)
MR. RYLAND. Q. Did you give her the watch as the price for any favours? A. No.
WILLIAM CHRISTIE . I am a watchmaker, of Cannon-street. This watch was brought to me in June last, by Mr. Gosnell, to repair, and was returned to him; it has my private mark—the outer case is gold—it is worth 4l. or 5l.
GEORGE TREW (City-policeman, 26). I found this watch at the prisoner's, up-stairs, in a drawer, with several others—the prisoner was not present; he was down-stairs—he was shown this and other watches afterwards, and said they were bought at sales, some at Debenham's, and some at other suction places.
COURT. Q. Was anything said to him about this being a stolen watch? A. Not at that time—the case was heard before the Lord Mayor—he did not give any account of it then.
NOT GUILTY .
Before Mr. Recorder.
JOSEPH HOLDEN (policeman, K 427). I was on duty with Storey, at Old Ford, on 16th Aug., at 6 o'clock in the morning—I saw four men; three of them had each a sack carrying—the prisoner was the first of them—he was carrying a sack—when they saw me they threw down the sacks, ran away, and escaped—Story took the sacks, and I pursued the men—I saw them afterwards; they contained rags—afterwards John Lee, who was one of the men, was taken, and he has been tried in the next Court—in consequence of information, I went to Ware on 16th Dec., and the prisoner was given into my charge—I am positive he was one of the men who was carrying the sacks—I knew him well, and he knew me—I said I had been looking for him for a long time—he said, "Arn't you glad you have got me?"—I said I was not exactly glad, I should rather see him in honest employ—he had the handcuffs on at the time, and he sprang across the table, and struck me with the handcuffs on my forehead; then he cut my cheek open; and he said if he had a pistol, he would blow my b----y brains out.
RICHARD EVANS . I live at Camberwell, and am a labourer. In Aug. last I was in the employ of Mr. Thomas Miller, of Long-lane, Bermondsey. He is a rag-dealer—at that time he had some rags, and he hired some marshes at Stratford to dry the rags—I had the charge of them—they were wetted and damaged by the fire at Alderman Humphery's—on 16th Aug. I missed about 2 1/4 cwt. of those rags—I afterwards saw three sacks of rags in possession of Storey—they belonged to my master, Thomas Miller—I was examined on Lee's trial, and he was convicted.
WILLIAM STOREY (policeman, K 149). I was with Holden on the morning of 16th Aug.—I took the sacks when the men ran away—I knew them all—I am sure the prisoner was one—I took the sacks to the station—there were about 2 1/4 cwt. of rags—I showed then to Evans—I showed him the rags and the sack that was thrown down by the prisoner—the prisoner and Lee, and the other men, were altogether, when I saw them—these are some of the rags.
RICHARDS EVANS re-examined. These are the same sort of rags that I lost from the marches—they have been injured both by fire and water, and they smell of cheese—there was some cheese at the wharf at the time.
Prisoner's Defence. I was at harvest-work at the time; I was not there.
(The prisoner was further charged with having been before convicted.)
JOHN O'BRIEN (policeman, K 403). I produce a certificate of the prisoner's former conviction—(read—Convicted on the 5th April, 1847, having been before convicted—confined three months)—the prisoner is the man.
GUILTY .* Aged 25.— Transported for Seven Years.
Before Mr. Common Serjeant.
WILLIAM JACKSON (policeman, R 284). On the evening of Christmas-day, at about half-past 6 o'clock, I saw Frazer in the New-road, Woolwich, with three large bundles, in two handkerchiefs and a bag—he went into a marine-store shop, and offered what he had for sale—I did not then know what it was—I went into the shop, found it was horse-hair, and asked him how he got it; he said it was his sea-bed, which he had ripped open to make money of the hair—I took him to the station, and while he was locked up he asked me how he should get on—I asked him how long he had the hair in his possession; he said either eight or nine months, and I believe he said he had it on board the Fisgard—I said there was a large quantity, and he said it was a bed and a half—some time after that he said he had had it eighteen months—this is it (produced).
Frazer. Q. Did I say I had it eight or nine months, or eighteen months? A. You said eight or nine—I told the Magistrate you said three months—you did say three first, and then eight or nine—(the witness's deposition was read at the prisoner's request, and agreed with his present statement.)
MOSES BARNETT . I keep a marine-store shop at Woolwich. On Christmas-day, about dusk, Frazer came to my shop with three bundles of horsehair, and asked me to buy them—I offered him half-a-crown for them; he said he would, take 3s. for them—he then whistled, and Chapel and another young man came up—Frazer said, "He has bid half-a-crown, will you take it?"—Chapel said, "If you will not sell your share, I will sell mine," and I said I would have no more to do with them.
JANE CLARA DUKES . I am an unfortunate girl, and live at Woolwich. I know Chapel—I have seen a pocket-handkerchief like one of these the horse-hair is tied in, in Chapel's possession, but I cannot swear to this one.
FREDERICK BLAKE GOODWIN GIDDINGS . I am secretary of the Woolwich Steam Packet Company. They have a steamer called the Flora, which was moored in the Thames, off the Ship and Half-moon, at Woolwich—I visited that vessel on 27th Dec, and discovered that the whole of the backs of the seats in the cabin had been cut open, and the horse-hair taken from them—the quantity that was gone would correspond with the quantity found, as near as I can judge—James Longer is one of the Company, and there are others.
Frazer. Q. Can you swear to the horse-hair? A. No.
JOHN BANKS . I am ship-keeper of the Flora, and sleep in the fore cabin. The seats in the aft-cabin were stuffed with horse-hair—I first observed it was gone last Thursday—I had seen it safe about three weeks before—I know Chapel—he is apprenticed to the water, to his brother-in-law, at Woolwich—I know Frazer has been to sea.
three bundles of horse-hair, and among it found this piece of ticking (produced), with hair to it—I have been on board the Flora, and brought this part of the cabin-seat (produced), and I find that the piece of ticking I found, fits to the back of the seat, both in size, the number of the nail-holes, and every particular (fitting it in)—I also find pieces of string in the horse-hair, and in the other portion of the seat, which correspond.
Frazer. Q. Did any one see you take that piece of the ticking out of the horse-hair? A. Yes, the superintendent of the works and Jackson—there are several other pieces of string and ticking, which correspond (produced)—there were ten seats cut altogether.
Frazer's Defence. I belonged to a man-of-war, and had got my discharge; and as I had not been in England at Christmas for years, I took the stuffing of my bed, at my mother's, to sell; I have a four years' character on my discharge (producing it).
JOHN BANKS re-examined. I never saw Frazer on board the boat—any one could come on board by taking a boat, either at day or night—they could get on board without any one seeing them—there is no watch on deck at night—the vessel is lying up—the cabins are shut, but not locked—I slept in the fore-cabin.
CHAPEL— GUILTY . Aged 19. Confined Nine Months.
Frazer was further charged with having been before convicted.
JAMES WILLIAM CROUCH (policeman, R 118). I produce certificate (read—John Williams, convicted at the Central Criminal Court, Dec. 1850, confined nine months)—I was present at the trial—Frazer is the person.
GUILTY . Aged 22.— Transported for Seven Years.
SARAH MAY . My husband's name is Henry May. He keeps a green-grocer's shop—about a month ago I bought 200 bundles of wood of the prisoner—on 22nd Dec. he came again, at a quarter to 8 o'clock in the morning, just as I was opening the shop—I had scarcely opened the door; and he asked me if I wanted any more wood—I said, "No"—a minute before I opened the door I had laid my husband's watch upon the counter—he came right into the shop, close to the counter—I went into the back room, leaving him in the shop—he remained three or four minutes, and then went away—I afterwards took down the shutters, and missed the watch—this (produced) is it.
Prisoner. Q. How far did I come inside the shop? A. Close to the counter—I did not see you touch anything in the shop—there is a glass-door between the shop and the parlour—I could only see your right side from where I was—no other person came into the shop till 10.
THOMAS MICKLEFIELD . I am manager to Mr. Richards, pawnbroker, of Woolwich. I produce the watch—I took it on 22nd, Dec. of the prisoner, to the best of my belief; but I will not positively swear to him.
Prisoner's Defence. I never touched the watch; I was about all day with wood; I came past the shop twice that morning, and they never spoke to me.
The prisoner was further charged with having been before convicted.
GUILTY .— Confined Twelve Months.
ELLEN BENNET . My husband's name is William Bennet. On 1st Jan., about 8 o'clock in the evening, I met a young man in Deptford, and went with him to a public-house, and had a glass of rum—the prisoner was at the side of the bar, and could see me—I took a shilling out of my purse, where I had 16s. 7d., to pay for the rum—I put the purse back into my dress-pocket—the prisoner was about three yards off, and could see what I did—when I left the house she followed me, and asked me to give her 6d.—I did not give it her—she said she was both hungry and dry, and asked me to give her a pint of half-and-half—we went to another public-house—she took me, saying it was a quiet house; I did not take her—we sat down together, and had a pint of half-and-half—I took twopence out of my purse to pay for it, and put the purse back into a pocket under my dress, not the same pocket—after I had drunk the half-and-half, I became insensible for about half an hour—when I came to I missed my purse—the prisoner was brought into the room, and said, "Will you give me in charge?"—I said, "Yes, you have taken my money"—I was sober; I had had nothing but the rum and half-and-half—I have been ill fifteen months—this is the purse (produced).
Prisoner. Q. Did not you take me to the public-house, give me the half-and-half, and ask me to mind your purse for a few minutes? A. No.
JAMES GREEN . On 1st Jan. I was at the King William public-house, with two of my mates, and saw the prosecutrix and prisoner in the tap-room—they sat down together, and had a pint of half-and-half—we sat at the same table—after they had the half-and-half, the prisoner put her arm round Mrs. Bennet, and took off her bonnet—Mrs. Bennet did not appear to have any senses—I saw the prisoner put a shawl over Mrs. Bennet's dress, and take a purse out of her pocket, and put it into her own bosom—I told my mates of it, and the prisoner made quite a laugh of it—she afterwards came up to us, and asked if there was a back yard, where no one would interfere with her—I thought she was going to run away with the money, and me and another man went to the street-door to prevent her coming out—she went to the back yard, a policeman came, and she was given in custody.
Prisoner. Q. Did I attempt to escape? A. You could not, if you bad—you were in the tap-room when I went in again.
HENRY BURNS (policeman, 261 R). I was called to the tap-room, the prisoner was there, and was charged with robbing Mrs. Bennet—I asked her to show me her money—she said she only had 1s. and two or three half-pence—she put her hand into her pocket, shut the money up in her hand and said she would not give it me, but to the inspector—I held her hand till we got to the station, and she then laid 11s. and 5d. before the inspector—the prosecutrix was insensible.
Prisoner. Q. Did I not ask Bennet if I had robbed her? A. No; she did not say you had not—she was not able to speak.
Prisoner's Defence. I asked the prosecutrix to stand some gin, and she said, "Come along with me," and took me to this public-house—she looked at the men there and asked me to mind her purse a few minutes—I asked where it was, she said, "In my pocket" and I took it from her to mind it.
GUILTY .**— Confined Six Months.
GUILTY . Aged 18.— Confined Six Months
Before Mr. Recorder.
GUILTY . Aged 19. Confined Six Months
WILLIAM HENRY CLARK . I am a butcher, and live in Trafalgar-row, Greenwich. On Saturday, 22nd Nov., about 7 or 8 o'clock in the evening, I had some pork lying on the board outside—the prisoner asked the price of it, she was told it was 7d. a pound—there were some customers inside, but none outside—I attended to some other customers!, and in about three-quarters of a minute I missed the pork; it was a fore-loin; the prisoner was gone too—I went after her, but did not find her—I did not know her before—there was gaslight there—I am quite sure there was no other person standing outside near the pork—I am quite sure the prisoner is the woman—it might have been 9 or 10, or it might have been 7 or 8 o'clock.
Q. But they are very different times; suppose a man had to make his defence, he might show where he was at a particular hour? A. It was between 9 and 10 o'clock in the day, in Nov.—we are in the habit of shutting the shop at 11, and we take supper after we shut up on Saturday nights—it must have been about 9 when the prisoner was there—I was mistaken in saying it was between 7 and 8—on 17th Dec., about 6, I was called out of the parlour—I found the policeman and the prisoner in the shop—the police-man had a piece of neck of mutton in his hand—the prisoner had a piece of shoulder of mutton under her left arm—she dropped it—I looked round my shop, and missed two pieces of mutton off the front table, they were the same that the policeman and the prisoner hand—they were five pounds and a half, part of a shoulder and part of a neck; I had seen them safe five minutes before—the prisoner had been in my shop between 3 and 4 that afternoon; she asked the price of some meat on the table, I told her to leave the shop, because I remembered her face from the Saturday night of her taking the pork—I did not like to charge her with, it; I was quite certain of it, but as there was no pork on her then it would be hard to prove it.
Q. That is not the reason you gave the Magistrate? A. Yes; I told the Magistrate I told her to leave the shop, she was after no good, and that she did not wish to buy anything—I thought she was after no good, because she bid a very low price for the meat; it would have been impossible to serve her.
Prisoner. I went into the shop and asked the price of some pieces; you said 4 1/2 d., and I offered you 4d.; you never said another word, and I came away. Witness. No; you offered 3d., and I told you to go out of the shop—I did not say that I followed you out of the shop when you took the pork, and could not see the way you went—I did not say that I saw you go into a hall.
WILLIAM NOSWORTHY (policeman, R 324). At a little before 6 o'clock, on 17th Dec, I was on duty in uniform at Trafalgar-row, Greenwich, about three yards from the prosecutor's door—I saw the prisoner trying to open Mr. Clark's gate—I think she did not see me—she came across the road, and I think she was watching Mr. Clark's more than she was me—there Was
nothing to prevent her seeing me if she had looked that way—she went into the shop, and opened the little gate which goes half way up the doorway—there was no one in the shop—I saw her go to the table and take a half-shoulder of mutton, and put it under her left arm—she turned over some pieces, and took a piece of the best end of a neck of mutton, about 3lbs.—she came out of the shop, and was going across the street—I stopped her, and asked her what she had got under her cloak—she said, "Nothing"—I took her back, and took the piece of mutton from her hand—the half-shoulder she dropped on the floor.
Prisoner. I asked you whether you were going to be shopkeeper for Mr. Clark. Witness. No, you did not; I did not speak to the servant girl—I never recollect speaking to her in my life till this morning—there were not two little girls in the shop—I did not say the meat was concealed under the block in some sawdust—you knocked down one piece of meat in picking up the shoulder—I never went to where you worked over Black heath, and said if they employed you you would rob them—I had heard your name before, but I never knew you before.
Prisoner's Defence. I am innocent of stealing the meat; I was once taken for stealing a looking-glass, and the next morning there was no one there; the policeman said a woman saw me steal it, and I went and asked the woman, and she said she had lost no glass; I went and told the policeman, and he said he was fined 2s. for it, and he said he would have a case before long; another time he came and searched my place for another glass, and there was no one there against me; I wish Burke to be examined.
STEPHEN BURKE (policeman, R 251). I took the prisoner for stealing a glass—I could not find the glass, and the parties would not come forward—I was not fined—I never said I was fined 2s. for another glass.
GUILTY of Stealing the Mutton.
(The prisoner was further charged with having been before convicted.)
STEPHEN BURKE re-examined. I produce a certificate of the prisoner's conviction by the name of Maria Wilkinson —she is the person—(read—Convicted, Aug. 1849, having then been before convicted, Confined six months.)
GUILTY .** Aged 28.— Transported for Seven Years.
Before Mr. Common Sergeant.
MESSRS. SCRIVEN and LILLEY conducted the Prosecution.
WILLIAM EDWARDS . I live in Granada-place, Old Kent-road, and am a baker. On 8th Dec. the prisoner came for two halfpenny currant rolls—my wife serried him; I stood by the side—he laid down a shilling—my wife said, "Young man, this is a bad one"—he said, "I think not"—she showed it to me—I bent it in the detector, and then beat it with a weight—I made such a mark on it as to know it again—the prisoner told me, and my wife, and the policeman, that he had it given to him for carrying a box—the policeman did not know the prisoner, and I let him go—I told my daughter to tell the policeman to throw the shilling in the road—I saw it thrown—I afterwards saw it in my house; I knew it again by the mark I had made on it—my children had it about the house till it was taken by the policeman—I am quite certain it was the one I had defaced.
ELIZABETH EDWARDS . I am the wife of the last witness. The prisoner came on 8th Dec.—he offered me a bad shilling in payment for two halfpenny rolls—I gave it to my husband, who bent it two or three times, and then struck it with a weight, which bruised it—we sent for two policemen, but the prisoner was not known, and he was not given into custody—the policeman threw the shilling away; it was picked up, and my children had it to play with till the prisoner was taken—I saw the same shilling in possession of the officer.
Prisoner. Q. Where was jour husband? A. Standing in the shop.
COURT. Q. The prisoner gave you the shilling? A. Yes; he asked for two halfpenny currant rolls, and put down the shillings—said, "Young man, that is a bad one"—I saw my husband bend it and mark it—I did not see it thrown away, nor see it picked up—I saw it afterwards; I knew it was the same shilling by its being beaten so.
SARAH EDWARDS . I am daughter of the two last witnesses. I was not in the shop when the prisoner came and offered the shilling; I came in during the time the conversation was going on about it—I saw my father hit the shilling and mark it—the policeman afterwards threw it out into the road—I picked it up myself, brought it indoors, and gave it my little brother to play with—my brother continued to have it till the policeman came for it—it was given to the policeman, who is here.
COURT. Q. Did you see the shilling thrown out? A. Yes; I picked up the same that was thrown out.
WILLIAM DIBBEN (policeman, P 113). I went to Mr. Edwards's house on 8th Dec.—the prisoner was there—Mr. Edwards showed me a shilling—I believe this to be the same, from the marks on it—the prisoner said he had received it from a lady for carrying a box—on the Saturday following I went to Mr. Edwards's, and received this shilling from the last witness.
HENRY DAVIES . I am a grocer, and live in Surrey-place, Kennington. On 13th On 13th Dec. the prisoner came to my house about 2 o'clock—he asked for penny worth of soap—my shopman served him in my presence—he gave a shilling in payment—I gave him change, and he left—I put the shilling in the till by itself—I had a suspicion it was bad—I afterwards took it out and found it was bad—I sent my shopman after the prisoner; he brought him back—I told him he had passed a bad shilling—he wanted to know how I could prove it, and was rather consequential about it—he said, how did I know that when I had placed it in the till with others—I said I had not, I had placed it by itself—he said I might give him in charge if I chose—my young man took the shilling when he went after the prisoner—I did not see it afterwards.
STEPHEN HOLLAND . I am shopman to the last witness. I was in the shop when the prisoner came and tendered a shilling—after he had left, in consequence of something that was said, I went after him, and took the shilling with me—I brought him back—a policeman afterwards came, and I gave the shilling to him.
ALFRED BARNES (policeman, L 118). I was called into Mr. Davies's shop on 13th Dec.—the last witness gave me this shilling, which has been in my possession ever since—the prisoner said how did Mr. Davies know that the shilling he gave him was bad, when he put it in his till—he said a lady gave it him for carrying a box—he gave me his address, 7, York-street, Borough—I have inquired, he is not known there.
Prisoner's Defence. I asked the shopman how it was his master did not stop me in the shop—he said his master did not know it till I was gone, and he found a bad shilling amongst the others.
GUILTY . Aged 19.— Confined Six Months.
MR. WOOLLETT conducted the Prosecution.
THOMAS WIGGINS . I am a hawker, and occupy the ground-floor at 4, Mint-street. John Willis is the master of the house. About 1 o'clock on the morning of Christmas-day I went out with my wife, I believe I left my room door locked, and I took the key with me—the outer door opens with a string—I returned about 3 the same morning, knocked at the door, and it was opened by one of the landlord's children—I went to my room, and missed all this property now produced—it is worth about 2l.—it was safe when I left at 1—my room door was open, and the lock had been loosened.
JOHN WILLIS . I am a looking-glass frame maker, and rent 4, Mini-street—I was disturbed by the policeman about 3 o'clock on Christmas morning, went down, and found the policeman and the prisoner there, and this bundle of clothes—the policeman asked me, in the prisoner's presence, if that bundle belonged to our place—I looked at it, and said it belonged to the person Who occupied the front-room, and I found the room door open, and the lock appeared to have been loosened, but I cannot say whether it was so before or not—the bolt of the lock was shot, but I cannot say whether it had caught or not—my house is in St. George's parish.
Cross-examined by MR. ROBINSON. Q. Have you a person named Mary Goodwin living in your house? A. Yes, she is a very hard working woman, up early and late—she works at shoe-binding at my place—I do not know of any other work that she does—I was not aware before this happened that men came to my place—I know it now, but only from the prisoner.
EDWARD JOHNSON (policeman, M 63). On 25th Dec. I was on duty in Mint-street, and at about 20 minutes before 3 o'clock I saw the prisoner coming down Mint-street with a bundle under his arm—when I first saw him he was two or three yards from Willis's house—I stopped him, and asked him what he had under his arm—he said, "Nothing but my own clothes"—I looked at them, saw a woman's dress, and said to him, "You do not wear a woman's dress, therefore I shall take you to the station-house and see what you have got"—he said, "Do you think I am a thief?"—I said, "I have strong suspicion of you at present"—on the way to the station he said, "A woman gave me this bundle out of one of these houses"—I said, "Show me the house"—he did so—I knocked at the door, and Mr. Willis came down—I asked him if this man was allowed to bring these things out—he said no, and identified them as belonging to his lodger.
Cross-examined. Q. Did you hear the prisoner say, in Mary Goodwin's, presence, that he had gone home with Goodwin, he offered her 1s., which she refused to take, and that when he was going she asked him if he would carry out a bundle for her, because she did not wish the landlord to see it? A. Yes, I did hear it—I heard Goodwin examined—she stated that she took him home, he wanted to sleep with her, but would only give her 1s., and she would not let him.
MARY GOODWIN . I am single, and occupy a room at Mr. Willis's—on Christmas morning I met the prisoner in Union-street with a man and woman, whom he called his father and mother—he asked me to have a pie, and I did so—he said to the woman whom he called mother that he meant to go home with me—he went home with me, and offered me 1s., I refused to take it, and he went out for about a minute, or a minute and a half, and came back and offered me 1s. 6d., I refused it, and told him to go about his business, and I did not see him again till he was at the station—I know nothing of this bundle; I did not give it to the prisoner to take away.
Cross-examined. Q. How do you get your living? A. I am a boot-binder by trade, but when I have no work I am obliged to go on the streets for my living—I did not go out that night till 12 o'clock—before that I had been to see my sister, who is a brewer's wife—I had been to one public-house with her—the prisoner went home with me with the intention of sleeping with me, but I thought 1s. 6d. too little—I have never been taken up or charged with anything in my life—I was quite sober.
(The prisoner was further charged with having been before convicted.)
DANIEL MAY (City policeman). I produce a certificate—(read—Central Criminal Court, June, 1847; James Price, convicted on his own confusion, having been before convicted— Confined One Year.) I was present—the prisoner is the person.
GUILTY .** Aged 32.— Confined Twelve Months.
(Two persons for whom the prisoner had worked in 1849-50 and 51, deposed) to his good character during that period.)
ADJOURNED TO MONDAY, FEB. 2ND, 1852.