CENTRAL CRIMINAL COURT.
HUNTER, MAYOR. FOURTH 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, Feb. 2nd, 1852.
Before Mr. Recorder and the First Jury.
GUILTY . Aged 38.— Confined Four Months.
MR. CLARKSON conducted the Prosecution.
JOSEPH COOMNER KNIGHT (City-policeman, 437). On 31st Dec., about a quarter before 7 o'clock, I was in Cheapside, and saw the prisoner in Bow Churchyard at the dark part, placing something under the left arm of his coat—he then came out into Cheapside, and went towards Leadenhall-street—at that moment I saw Trew, my brother officer—we followed the prisoner into Fenchurch-street—I stopped him in Fenchurch-buildings, and asked him what he had under his coat—he said he was a respectable man and a gentle-man; he produced one of his cards to Trew, and asked by what authority we stopped him—we told him we were police-officers, and were about to produce our authority (I was in plain clothes)—I said I should like to know what it was he had got under his coat—he produced from under his coat this piece of mousseline-de laine—there are thirty-six yards of it; it was not in any paper—he said he had bought it of a Mr. Reed, in Tottenham-court-road—I said, "What is Mr. Reed's address?"—he said he did not know; the fact was, he had sold Mr. Reed two pounds of cigars, at 22s. per pound, about ten days previous—he did not say where—he said he had met Mr. Reed in Tottenham-court-Road, and he had not the money to pay him, and had given him this piece of goods to hold until he could pay it—Trew asked him which way he came from Tottenham-court-road—he said he had taken an omnibus at the corner of Tottenham-court-road and rode to the Bank, and from the Bank he walked to where we saw him, Fenchurch-buildings—Trew asked him if he had not been in Bow Churchyard—he said no, he had not been there that night,
he could take his oath of it—I then said I had seen him there a very short time ago—he then said he had forgotten himself; he got out of the omnibus just by St. Paul's instead of the Bank, with the exception of turning up some court in Cheapside for a necessary purpose—Trew then said, "You had better tell us plainly in what way you did come;" and the prisoner said, "I walked the whole of the distance; I did not ride at all"—I said, "This is a very unsatisfactory account, and I must take you to the station"—I took him to the Bow-lane station, searched him, and found on him 1l. 10d. seventeen duplicates, a latch-key, and a plaid scarf—he said at the station it was a Mr. Reece, and not Mr. Reed, that he had it from—he did not know the address.
Cross-examined by MR. PARNELL. Q. The card he gave you was his right address? A. Yes; of his place of business—it was not Fen-court where I took him, but Fenchurch-buildings—that was on his way home, but he had gone past where he lodged, and did not stop there—I did not stop him before because there were so many people about, and it would cause a mob; I waited till he got into the court—it was not a urinal where I stopped him—I did not see him go into Bow Churchyard—I cannot undertake to say he had not been relieving himself there, and that this had not slipped down at the time—I have seen his mother, and find that most of the duplicates are his or hers; she is recently a widow.
MR. CLARKSON. Q. You saw no appearance of his having relieved himelf in Bow Churchyard? A. I did not go up; I stopped in Cheapside—I found nothing about him in which this mousseline could have been wrapped.
CHARLES JOHNSON . I am clerk to Felkin and Ellis, calico-printers, 52, Old Change; there are only two partners. On 31st Dec, about 6 o'clock in the afternoon, the prisoner came to see our warehouseman whom he knew—I left the warehouse about 6, and saw the prisoner in the warehouse then—this piece of mousseline-de-laine is my employers' printing—we had such in stock; it might have been printed some months before—I find their name on it—I keep a journal in which I enter the sales of goods by different persons in the house—it is not here—I did not sell this article—it would have been put in paper if it had been sold—it is worth about 27s.
Cross-examined. Q. When you say it is their manufacture, all you mean it that at some time or other within the last ten years it has been in stock? A. It was printed at Ratcliffe, in Lancashire, and came to London—if it went anywhere else from Ratcliffe it would be irregular—I cannot undertake to say it has been in our warehouse at all, and if it had been we sell great quantities of it.
MR. CLARKSON. Q. Do you recollect the prisoner being asked at the Mansion-house if he wished to put any questions to you? A. I do; he said something, which was taken down in writing.
JOSEPH COOMBER KNIGHT re-examined. This is the Lord Mayor's signature to this statement—I heard the prisoner make it upon his being asked if he wished to examine Mr. Johnson—(The statement was read as follow: "The prisoner being asked if he wished to ask Charles Johnson any question, says, 'I did take it, and it was my intention to pay Mr. Snow to-day; I admit it, rather than get Mr. Snow into a my trouble; he is an old school-fellow of mine, and I was under the influence of drink.'")—The prisoner did not appear at all intoxicated or under the influence of drink.
ELLIOTT SNOW . The prisoner and I are old acquaintances; he called on me on 31st Dec. at ray employers', Messrs. Felkin—I did not sell him any goods that night, or intrust him with any—I know this piece of mousseline-delaine
—the prisoner accompanied me through the department in which it was, as we went down stairs.
Cross-examined. Q. Did you show him any goods that day? A. Yes, some cotton cambrics—he did not buy or agree to bay any—he wanted me to enter a piece, but I said I could not, unless it was paid for there and then—I told him we never let a stranger, or a person who had not an account, have a single piece of goods unless it was paid for—he and I lodged together at the time, at Fenchurch-buildings, which leads into Leadenhall-street—I did not get home till late that night—I found he was not there—I had given him up part of my bedroom, as there was something doing to his room, and I should have been sure to have seen the mousseline-de-laine if be brought it home, unless he put it anywhere—he was about half an hour at the warehouse—we went and had a cup of tea together at a coffee-house in the neighbourhood—I do not know where he had been dining, but he went out from the warehouse and came back—I said to him, "You have been drinking brandy"—his family are highly respectable—I never knew a blemish upon his character until now—he is not quite twenty-one years of age, I believe.
MR. CLARKSON. Q. Do you know how it was he did not live at home? A. I do not; he is an importer of cigars—his place of business is in Crutched-friars—I was there four days previously—I know well where his mother lives, but was never in her rooms.
COURT. Q. Could he have taken that piece of goods while he was with you without your seeing it? A. He must have taken it while my back was turned; the gas was turned out, and the place was in darkness—he did not go back with me after we had the coffee—I have to lock np the warehouse—he wore that top-coat all the time we were at tea.
(The prisoner received a good character.)
GUILTY . Aged 20.—Strongly recommended to mercy by the Jury.— Judgment Respited.
GUILTY . Aged 14.— Confined One Month, and twice whipped.
MR. COOPER conducted the Prosecution.
THOMAS BAILEY . I am assistant to my brother, Edmund Bailey, a linendraper, at Great Stanmore. The prisoner has been in the habit of coming to our shop—she came last Thursday and asked for a halfpennyworth of tread—I served her, and she paid for it—after she left, I left the shop for a few minutes—I heard the shop-door open, came back, and found another customer there—in consequence of information from her, I went out and overtook the prisoner—as soon as I got up to her I saw her, drop a piece of goods, and I said, "Stop, that won't do, you must come back; you have stolen this piece of goods from my shop"—I picked up this piece of goods (produced) and took it back with the prisoner—I can swear to it by the mark on it, which is in my own writing—it had not been sold—it was near the door, and a person could reach it by coming a foot inside.
JANE SYRED . I am a dressmaker, and live at Great Stanmore. On Thursday evening, about 6 o'clock, I went to Mr. Bailey's shop—Mr. Bailey bad left the shop, while I was there—while he was gone, the prisoner opened the door, put her hand in, and knocked this piece of Derry down from off a pile—
she went a little way from the door, then came back, picked it up, and went away with it—I called to Mr. Bailey and told him—I was not above a yard and a half from the prisoner, close to the counter.
Prisoner's Defence. I never saw anything of the cloth till he came and caught hold of me.
GUILTY .* Aged 29.— Confined Three Months.
MR. PARRY conducted the Prosecution.
JAMES CARPENTER WARD . I am a miller, of Stanwell. In the first week in January I requested Mr. Thomas Chester, a friend of mine, to order two kilderkins of ale for me of I and Coope, of Romford, and gave him 30s. to pay for it—I did not see him pay it—I know the prisoner as one of our villagers at Stanwell—I have a brother of his in my service—I expected to receive the beer at the Staines station of the South-Western Railway—I did not go there myself, but I sent the prisoner's brother, to make inquiries, and gave him directions—he is not here—on 14th Jan., about half past 2 o'clock, I went to a beer-house where the prisoner lodges, and found the two casks of beer there in the passage—they had my direction on them on a piece of parchment—these are them (produced)—I cannot say whether the casks had been broached or not—I gave the prisoner into custody for obtaining the goods under false pretences—he made no reply—(direction read, "Mr. James Ward, Stanwell, Jan. 9, 1852.")
THOMAS BIRD . On 8th January, I received an order in writing from our London Stores, this is it—in consequence of receiving the order I sent two kilderkins of beer—this direction was written in our office, but not by me—I did not see the direction fixed on, but they were forwarded in the usual course.
JAMES FRANCIS MARIS . I am in the employ of Messrs. Ind and Coope, at Whitechapel. I wrote this letter and invoice, and directed them to "Mr. James Wood, Stanwell, near Staines"—I put it into the letter-box, where our letters are ordinarily put, for posting—these casks were paid for before they were sent—the name "Wood," instead of "Ward," was put, in mistake, by the clerk at Romford.
EDWARD MOREY . I am a porter at the Staines station of the London and South-Western Railway. On 13th Jan., about eight o'clock in the evening, the prisoner came and asked if there were two barrels of beer for Mr. Ward—I went to the warehouse, and found there were two—he asked me what there was to pay—I inquired of the station clerk, and told the prisoner it was 1s. 2d.; and he said, "Very well; I will come and fetch them in the morning"—these are the directions that were on the casks—I was not present when the casks were taken away.
RICHARD SAUL . I reside at Stanwell, and am a market-gardener. The prisoner is in my employ—on 14th Jan., at half-past 5 o'clock, the prisoner called me up—I put the window up, and asked what he wanted so early—he
said he had got a few things at the Staines station, and would I be so kind as to lend him a horse and cart to fetch them—I asked him what things they were; were they things his father or friends had sent him from town—he said, "Yes"—I told him he could have a horse and cart—he harnessed the horse, and went away to the station—he came hack just after breakfast, at 8 o'clock, put the horse into the stable, got his breakfast, and went to work again—he told me of his own accord that he had been after two kilderkins of beer, and he showed me the letter which has been produced—I asked him what was on the casks; and he told me now he had got them at his lodgings; people told him it was Mr. Ward's name on the casks—I told him he had done a wrong thing by not telling me what he was going after, because I should not have let him have the cart and horse, for I was well aware there was some mistake—he did not know what to say to that.
Cross-examined. Q. Can be either read or write? A. No, I believe not; I believe the Magistrate who sent the case here knew that—he has been about seven or eight months in my service this time—he has worked for me for three or four years, when he was smaller—I never found anything wrong about him—he was a very hard-working lad, and I never found anything against his honesty—I would employ him again, if he wanted a job.
MR. PARRY. Q. Are you sure he cannot read? A. I believe not; I would not swear it—he brought the letter, and showed it to me and my sister to read, because he could not read it himself.
WILLIAM SELLWOOD . I am a porter at the Staines station, in the employment of the South-Western Railway Company. I was on duty there on 14th Jan.—the prisoner came there, and said he came for Mr. Ward's beer—I am sure he said that—I told the other porter, Chappell, to give it to him.
Cross-examined. Q. Did he show you the letter? A. Yes, but I did not read it; he offered to show it to me—I do not know whether I took it into my hand; I will not swear I did not—I distinctly recollect that he asked for Mr. Ward's beer—I could not swear that I did not take the letter into my hand, read the direction, and tell him it was all right—I did not tell him it was all right—I told him to show it to the other porter, at I was a stranger, and could not let him have the beer—I did not read the address.
RICHARD CHAPPELL . I am a porter, at the Staines station. I delivered the beer to the prisoner—he did not show me the letter, or ask me for the beer—Selwood came to me, and said the man had come for Mr. Ward's beer, and I came out and delivered it to him, with a bill for the carriage, which was 1s. 2d.—he paid me that—he did not himself say anything about the beer, or where he came from—he was not present when Selwood spoke of Mr. Ward's beer—the prisoner could not write his name, but made bis mark in the book—I asked him his name—he said, "Wood," and I wrote that name in the book.
WILLIAM GREENAWAY (policeman, T 191). On 14th Jan., about 2 o'clock in the afternoon, I was called by Mr. Ward, who gave the prisoner into custody, for illegally obtaining two barrels of beer—I went with Mr. Ward to Seal's beer-shop, at Stanwell, where the prisoner lodges, and there found two casks of beer, in the passage, addressed to "Mr. James Ward"—I produce the tickets—the prisoner was in the tap-room, smoking, when I went in—as I was taking him to the station, some person in the beer-shop gave me this letter.
NOT GUILTY .
NEW COURT.—Monday, February 2nd., 1852.
PRESENT—Mr. Ald. CHALLIS and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
MICHAEL HAYDON (City-policeman). On 20th Jan., about 7 o'clock at night, I saw the two prisoners outside Mr. Tower's shop, in Gracechurch-street—they were walking backwards and forwards, sometimes together and sometimes separate—I saw them for about a quarter of an hour—I then saw Wingate go to Mr. Tower's shop door, lift two pairs of boots off a hook, and give them to Hanbury, who put them in his apron, and walked away quickly—I took him back, and left him in charge of the shopman—I then went after Wingate, and found him at the corner of a dark turning talking to a person—I took him.
Wingate's Defence. I had just been to the Spread Eagle, and I stopped to talk to a man, and the officer took me.
Hanbury's Defence. I was walking down Gracechurch-street and a boy, not this prisoner, came and said to me, "Hold these," and he gave me these boots and ran away; I was walking after him and was taken.
HANBURY— GUILTY . Aged 17.
WINGATE— GUILTY . Aged 17.
Confined Four Months.
GERVASE PETTER . I live at Mr. Cornell's, at Tottenham. I had two rabbits in a shed there—I saw them safe on 10th Jan., about 5 o'clock in the evening—I was called up about 11 that night, and one of them was gone—I have seen it since—this is it (produced).
JAMES CORNELL . I live in Castle-place, Tottenham. Petter lodges with me; he has a shed at the bottom of the garden, in which he keeps rabbits. On 10th Jan. I was in the water-closet, about 11 o'clock in the evening, while there I saw some person go towards the shed where the rabbits were—I heard a scream like the scream of a rabbit, and I saw a person come away from the shed—I went to the shed and found the door open—I cannot say whether it had been closed before—I went out at ray front-door—I went round towards the back of the premises, and came up to the prisoner—he was not coming towards me, but going down the back—I said it was a wet night—I believe he made no answer—I saw there was something struggling in his pocket—I did not say anything about it, but he said, "I am very near drunk to-night, some one has been stealing a rabbit, or taking a rabbit, and put it down, I came out of Chalkley's and picked it up in the road, you may have it if you like"—I took the rabbit, and tried to secure him, but he ran away.
Cross-examined by MR. HORRY. Q. What time was this? A. About 11 o'clock—I saw some one come and then go—I cannot say that the prisoner is the person—I went from my front door and went round—the prisoner was going along the back way—I have no entrance from the back—I have no side entrance; there are cottages attached to mine—I came in contact with
the prisoner about 150 or 200 yards from my house, is White Hart-lane—there are nine or ten gardens between my garden and White Hart-lane—Chalkley's public-house is at the corner of White Hart-lane—the prisoner pulled this rabbit out of his pocket and told me I might have it.
COURT. Q. It was at the back of your premises that you found him? A. Yes, he must have got over the fence to have got to where I found him.
JURY. Q. Are these low palings? A. Yes, any one might get over.
Cross-examined. Q. Do you know he is a neighbour? A. I do; there was a person came to the Magistrate who made a statement, but he was not bound over—the Magistrate offered to take bail, but it was not ready—the prisoner was bailed last Thursday.
Witness for the Defence.
CHARLES BENSON . I am a labouring man, and live in the Nursery, at Tottenham. I know the prisoner, he lives near the Roebuck. On the evening of 10th Jan. I saw him at Mr. Chalkley's public-house, at 6 o'clock—I went with him from there as far as the Roebuck—I remained with him there till about half-past 9—I left him there—I cannot say whether he was the worse for liquor, I was right enough—I appeared before the Magistrate, and began to tell what I have to-day but I was told to stand down.
(The prisoner was further charged with having been before convicted.)
GUILTY . Aged 27;— Confined Six Months.
GUILTY . Aged 22.— Confined Two Months.
CALEB KNOCK . I am a lighterman. I was on board a hoy called the Mary Ann, on Wednesday, 14th Jan., it was lying at Pickle-herring-stairs, opposite the Tower, on the Thames—I had a jacket, which I bung across the boom while I went down in the cabin to wash myself—a boy named Riley was in a craft close bandy—he called me, and I came up and missed my jacket that I had hung on the boom—I went on shore with Riley, and he took me to Battle-bridge-stairs, and pointed out the prisoners to me, who were rowing up in a boat—I should say that was a quarter of a mile from Pickle-herring-stairs—I took a boat and came up to the prisoners, and got in their boat with them—I accused them of stealing my jacket, and called, "Police!"but there was no police handy—the prisoners rowed me over to the Custom-house, and threatened to throw roe overboard as they went along—when they got to the Custom-house, they got out and ran away—I took charge of their boat, and gave it up to Mr. Evans the policeman.
Cross-examined by MR. O'BRIEN. Q. Was there another person in the boat? A. Yes; but the third person I could not swear to—there were a great many corn-barges and other craft about where I hung my jacket—it was about a quarter before 9 o'clock in the morning—I did not cry "Police!"before
I got in the prisoners' boat—I got in the boat to them—when they got out, I left the boat and ran along the Custom-house wall after them—I told them I would give them in charge.
JOHN RILEY . I remember the morning when the prosecutor lost his jacket—I was in a boat not far from the Mary Ann, by Pickle-herring-stairs—I saw the prisoners in a boat, and saw Dockery take the jacket off the boom—Driscoll was in the boat, and there was a third man there—when Dockery took the jacket, he came into the boat again, and then the prisoners and the other man went on shore—I did not see anything more of the jacket—I went and told the prosecutor about it, and afterwards pointed out the two prisoners to him—they were then in their own boat off Battle-bridge-stairs.
Cross-examined. Q. You say there were three in the boat? A. Yes; they were rowing into the Mary Ann, where they took the jacket—one of them took the jacket—he only just stepped on the vessel and took it; that was Dockery—I did not know his name then—I heard his name when I was at the office—I was in Mr. Jenkins' skiff—I went to mind it while the man went on shore—there were no other boats about the Mary Ann except that—I went and spoke to Mr. Knock in about ten minutes afterwards; he was down in the cabin washing himself—I did not go with him when he went in the boat in pursuit of the prisoners—I pointed them out to him—they were in a boat about half-way out in the river—I said they were the men that had the jacket.
COURT. Q. Are you sure of the man who took the jacket? A. Yes.
HENRY MARSTON (Thames policeman, 28). On Monday, 19th Jan., I saw the prisoners in a boat, about 7 o'clock in the morning, with another man—two were rowing, and one was sitting down—when I got near them, I saw the one who was sitting down chuck something overboard—I was not close enough to see what it was—I then came up to them.
DOCKERY— GUILTY .* Aged 18.
DRISCOLL— GUILTY * Aged 20.
Confined Six Months.
GUILTY . Aged 16.— Confined Six Months.
EDWARD FUNNELL (City-policeman, 32). I was on duty in Gracechurch-street with Huggett on 23rd Jan., about 3 o'clock in the afternoon—I saw the prisoners; I had seen them before—I know they are the persons—I saw Regan go on the right hand side of a lady, and place his hand against her dress—Williams put his two hands in his own pockets, stood before Regan, and spread out his coat so as to cover him—the lady moved away, and I saw Williams put his hand on Regan's shoulder and speak to him—the lady went on, and stopped at a shop—Regan went and put his hand into her dress—Williams was close to Regan, covering him in the same way—the lady then went on further and looked in another shop, and Regan went again and put his hand in her pocket, and Williams put his hands in his pockets and stood in the same way—I saw Regan pull his hand out from the lady's dress, put something from his left hand into his right hand, and put it into his pocket, and he ran away, leaving Williams standing there—I ran after him—I ran against two men, and they sung out, "Mind where you are coming to!"—Regan
then turned round, put his hand into his pocket, took out the purse, and threw it into an area—I took him, and then went in the area and found these two purses (produced) one in the other—there are nine sixpences in the large purse, and a sovereign and four half sovereigns in the small one.
Cross-examined by MR. O'BRIEN. Q. You saw Regan put his band twice in the lady's dress, and the lady had moved in the mean time? A. Yes; she moved twice—there was not so much as two or three minutes' interval—I was opposite him, on the other side of the way—he had just got in the passage leading to the market when I got to him—I was three or four yards from him when he threw the purse down—I ran against two men as they were standing against the posts leading to the passage; they said, "Mind where you are coming," and Regan looked round and threw down the purse—I took Regan, and left him in custody of a tradesman till I went down in the area and got the purse—it was not the length of this Court from the area to where I took him.
JOSEPH HUGGETT (City-policeman, 23). I was with Funnell—I saw the prisoners together, Regan went to the right side of a lady, and felt the right side of her dress—Williams stood with his hands in his pockets, spreading his coat out—the lady moved from the shop where she was standing, and went to another shop—Regan went again, and put his hand in her pocket—the lady moved again, and Repay went again and put his hand in her pocket, and Williams was spreading his coat out—the prisoners then separated, and Williams went towards Fenchurch-street—I pursued him and brought him back—the lady was then feeling her pocket, and she said she had lost her purse—I took Williams to Half-moon Passage, and there saw Regan when the purse was in the area.
Cross-examined. Q. Where was the lady? A. The last time she was at a picture-shop—she had before been at a fruit-shop, and before that at a picture-shop—Williams was walking smartly away from her—he had got four or five yards from her—I had been watching the prisoners about a quarter of an hour.
MARTHA BARE . I am the wife of James Bare. I was in Gracechurch-street on 23rd Jan.—I lost my two purses, these are them—I bad looked in several shops—I thought I felt something; I put my hand into my pocket, and missed my two purses—these are them.
(Williams was further charged with having been before convicted.)
WILLIAMS*— GUILTY . Aged 22.— Transported for Seven Years.
REGAN— GUILTY . † Aged 14.— Confined Twelve Months.
OLD COURT.—Tuesday, Feb. 3rd, 1852.
Before Mr. Recorder and the Second Jury.
216. GERVASE FOX BOOT , stealing, on 29th Dec., 12 shirt-collars, value 8s.; on 8th Jan., 1 handkerchief, 2s.; and on 14th Jan., 3 pairs of gloves, 4s. 6d.; also, for stealing a variety of other articles, enumerated in three other indictments, value 87l.; the goods of William Abner Vaughan, his master: to all of which he pleaded
GUILTY . Aged 33.— Confined Twelve Months.
(The prisoner received a good character.)
GUILTY .** Aged 19.— Transported for Seven Years.
GUILTY . Aged 28.— Confined Six Months.
MR. PARNELL conducted the Prosecution.
JOHN BOURNE . I am one of the Hertfordshire police. On Monday night, 12th Jan., by the directions of my superior officer, I went to the premises of Mr. Kemble, at North Mimms—I concealed myself in the rick-yard, under a shed there—there was a load of clover hay in a cart, ready to go to London, on the top of which was a truss of clover hay—about 20 minutes to 3 o'clock Plummer came—he stood about some little time, looked round him, and afterwards went directly across to the rick-yard—there was a stack of meadow hay there, which I had put a mark into; and when he got over into the rick-yard, he went to the meadow hay, cut a bundle of it, and tied it up—I afterwards found that bundle tied to the front of the cart, what is called a swinger—I afterwards saw him bring it out of the rick-yard, and lay it down by the side of the cart—I saw him set out about 3 o'clock—I and Ryder followed the cart to the Swan with Two Nicks, Finchley-common—Reynolds is the ostler there—I did not know him before—Plummer drew the horses up in front of the house, and went up the yard—I stood by the cart—he went up the yard, and was gone several minutes—he came back, got on top of the cart, and took a bundle of clover hay off, which he took round the house, to the yard at the back; but I lost sight of him, because I stopped with the cart—after some time, I had a signal from Ryder—I went and assisted in taking the prisoners—I found the swinger tied on the side of the cart, and in it I found my mark (produced).
Cross-examined by MR. ROBINSON. Q. When you saw the cart on Mr. Kemble's premises you say there was a load of clover hay? A. About a load, and under the cover was about a truss of clover hay tied up—it should weigh 56lbs. if it was a truss—it weighed 38lbs. when I weighed it before the Magistrate, at Hertford, six days afterwards, and the other 35lbs.
WILLIAM EDWARD RYDER (policeman). I was with Bourne—I saw Plummer put some meadow hay on the cart, and about 3 o'clock in the morning he started for Loudon—when he got to the Swan with Two Nicks, at Finchley, he stopped, and went to the stable door—he called out, and Reynolds, the ostler came—they conversed together about five minutes, but I was not near enough to hear what was said—Reynolds then went into the back-yard, and Plummer went back to the load of hay, took part of the truss of clover hay from the top, put it on his head, and carried it about fifty yards into the back-yard, where Reynolds was standing on a short outside step-ladder leading into a loft—Plummer said to Reynolds, "Where will you have it?"—Reynolds
said, "Bring it up here"—Plummer got two or three steps up the ladder—Reynolds was in the act of pulling it; I cannot say whether he touched it, but he saw me, I suppose, for he said three times, "Take it down; I told you I would not have it"—I gate a signal for Bourne, and the prisoners were both taken into custody.
Cross-examined. Q. The hay you saw taken out from under the cover was the hay he is charged with stealing, is it not? A. Yes.
THOMAS KEMBLE . Plummer was in my service, his duty was to take the load of hay to town—he was allowed about a truss of clover hay for his horses, whieh was loaded with the hay on the cart—it ought to be under the cover—he had no authority to leave it anywhere, or to dispose of any portion of it.
Cross-examined by MR. ROBINSON. Q. It was his duty to take a truss of clover-hay? A. Yes; I had told him on the previous Friday night not to take meadow-hay—I saw the truss of clover-hay under the cart, and told him he was allowed to take one trust to London with his horses—I allowed him a good portion, because I did not know where he would have to go to—I should expect him home in the course of the next night—he had two horses, and was away sometimes more than twenty-four hours.
MR. PARNELL. Q. If they did not eat the whole of it, what was he to do with it? A. To bring it baek, but I never saw the men bring any back.
MR. ROBINSON to MR. RYDER. Q. How long have you been in the police force in Hertford? A. Seven years—I took the prisoners to Hertford, they were examined before Mr. Mills, the Magistrate; he remanded them four days—they were then brought up before the Hertford Bench, and Mr. Mills committed them to the Old Bailey—he is a Middlesex Magistrate—I was close under the cart when I saw Plummer undo the Cover, and take the elover hay from under it—I was close under the hind ladder; he got a short ladder and put it up—I could have touched his feet as he got up—it was raining, but the moon had been up about an hour and a half at the time Plummer came, and now and then I saw it pop out—I was not under the cart when he came, but while he was gone to cut the hay I got under the cart—I walked nine miles, and never lost sight of the hay; it rained all the time—it was raining when Plummer stopped at the house—when he went to the stabie-door, and Reynolds came out, I was in the road about fifteen yards from the cart, which was partly between me and them—the house is on the direct road to London; it is a place where carts are in the habit of stopping all night—when Plummer cut the hay I followed him within two yards all the way—I saw no one about but the two prisoners—I was two or three yards from Reynolds when I heard him say, "Bring it up here"—it was a little before 6 o'clock when they got there.
Plummer. There was not a short ladder on the farm for me to get on, Mr. Kemble knows there was not.
NOT GUILTY .
MR. P. FRANCIS conducted the Prosecution.
o'clock—I placed them on the stage, which is a place from which we load the waggons—between 12 and half-past I missed one of the firkins, on hearing the alarm—I have since seen it at the station—I saw the prisoner coming up the yard that day about 12, before I missed the butter—I did not see him leave the yard.
Cross-examined by MR. PARNELL. Q. You had never seen him before, had you? A. Not that I am aware of—it was about a quarter of an hour before I missed the butter that I saw him up the yard—I saw him afterwards at the station—I did not go as a witness against anybody else, I am quite sure of that—there was another party taken up who I went to see, and I could not swear to him—I did not say that I could swear to him by his back, or that I believed him to be the party—I saw that man on the Sunday after the Friday—I said he was very much like the man, but I would not swear to him—I was not examined against him on the Monday, only at the station—I do not know how he came to be discharged—a man from the Ram Inn, Smithfield, was also taken to identify him—he swore to him in my presence—that was before the inspector, not before the Magistrate—I saw the prisoner on the next morning, Monday—no one pointed him out to me—they asked me if I could swear to the prisoner, and I said yes, I could—a policeman asked me if I could swear to him, and I said yes—he is differently dressed now to what he was then, he had a different coat, waistcoat, and handkerchief, he had on a kind of rough coat, and a grey waistcoat, and a cap with a peak to it—I did not particularly notice his trowsers; he had on a cord pair, I know.
MR. P. FRANCIS. Q. When you saw the prisoner at the station, was he alone or with others? A. Two or three policemen, no one else—the man from the Ram was not in our yard—it is another place altogether.
COURT. Q. How near where you to him when you saw him in the yard? A. Close to him, as near as I could be—I was walking down from the top of the yard to the office—I did not take any particular notice of him at the time—I was about my business—I saw nothing more of him than just passing him in that way—there is no thoroughfare through that yard—he was dressed quite differently then to what he was when I saw him at the station, and had on altogether a different cap.
GEORGE BRUIN . I keep the White Hart, Saint John-street, I receive goods there for carriers—my man received this butter on 16th Jan., and I signed for its being received—I saw the prisoner go up the yard twice that morning—that was about the same time the butter was lost—it was somewhere about 12 o'clock—this is the firkin (produced)—I saw it at Mr. Clark's shop.
Cross-examined. Q. Had you seen the man before? A. No; I was taken to the station on the Sunday morning to see if I could identify another person—I said I could not swear to him, that he was very much like the man, but I should not like to swear to him—I was not positive he was the man—I did not believe him to be the man—he had a resemblance to the prisoner—he was discharged because there was nothing against him—neither I or any one could identify him—no one came to prove that he was elsewhere at the time—I saw the prisoner at the station on the Monday morning, I went there with Taylor, the policeman—I was asked if I could identify the man, and I said yes, he was the man I had seen up the yard—he was with two others in the cell—the turnkey opened the door, and the three men were shown to me—I was asked if I could identify either of them, they were all
standing together—one of them was an oldish man, and the other a youth about sixteen or seventeen years old.
MR. P. FRANCIS. Q. When you saw the prisoner with the other two, had you any doubt as to him? A. No; directly I saw him I said, that was the man I saw in the yard.
COURT. Q. Were you asked to identify the prisoner before the Magistrate? A. I said he was the same man I saw up the yard—I do not think that was put down.
JOHN WILMOT . I am a carman. On 16th Jan. I was in St. John-street about mid-day—in consequence of a communication from Mr. Clark I watched the White Hart yard—a few minutes afterwards I saw the prisoner enter the yard, and saw him come down again with a firkin of butter on his shoulder (I had previously seen the prisoner lift up the tilt of a cart in St. John-street, opposite Mr. Clark's door)—I went to Mr. Clark's and gave an alarm—Taylor, a policeman, ran after him; I also followed—I saw the prisoner drop the butter—I took possession of it, and took it into Mr. Clark's shop.
Cross-examined. Q. There were a lot of people running, were there not? A. There were three or four persons, I dare say, running after him; I cannot say how many—he was dressed in a corduroy jacket and trowsers and a cap—he looked like a railway porter—I was about five or six yards away from him—I was taken to the police-station on the Sunday and saw a man, but he was not the person—I was shown the prisoner on the Monday morning—the policeman Smith showed him to me.
COURT. Q. Did you tell the Magistrate that you watched the yard of the White Hart? A. Yes; I said that I stood a few yards away from the White Hart, and watched him go up and come down again—I was examined before Mr. Alderman Wilson, at Guildhall—I am sure I told him that I was watching—I had seen the prisoner lift up the tilt of a cart—I told Mr. Clark of that, and it was in consequence of that I watched him.
WILLIAM CLARK . I reside at 73 and 74, St. John-street, with my father, who is an oil merchant. On 16th Jan. there was a cart standing before our door—I saw the prisoner lift up the tilt of the cart; in consequence of that I employed Wilmot to watch him—he afterwards came to me, and gave an alarm—I ran out into the street, and saw the prisoner running away with a firkin of butter on his back—I pursued him 400 or 500 yards; I was rather out of breath—I saw him drop the firkin—I next saw him on Monday morning—I had opportunities of seeing his face on the Friday, for be turned his face round and almost watched me watching him—that was at the time he had up the tilt of the cart—he saw me, and turned round and looked at me just as he was undoing the rope of the tilt—I have not the slightest doubt of his identity.
Cross-examined. Q. You had never seen him before, I suppose? A. Not to my knowledge—I was not shown the man on the Sunday.
COURT. Q. At the time you ran out into the street, had he passed your shop? A. He came across the road towards St. John's-lane—I had a very good opportunity of seeing his face—I was about twenty or twenty-five yards from him—he escaped.
MR. P. FRANCIS. Q. When you saw him the second time, was he dressed differently? A. Yes; the first time he had a corduroy jacket and trowsers, with a dark cap, and on the Monday he had on a long coat, what is termed a pea-coat, with the same trowsers.
o'clock, I was on duty in St. John-street, and saw the prisoner crossing the street with a tub of butter—I was on the same side as Mr. Clark's shop—I pursued him, and when I was within twenty yards of him he ran up Eagle-court, which runs into Benjamin-street towards Cow-cross—he ran faster than me, as I had a great-coat on, and I lost him—I saw him again at the Smith-field police-station in a cell with two other prisoners, and swore to him—when I saw him on 16th Jan. he was dressed in a cord jacket and trowsers and a cap, as a railway porter.
Cross-examined. Q. You and Smith went and searched his lodging? A. Yes; Smith has got a list of the things we found—we had to give them up.
MR. P. FRANCIS. Q. Do you know what they generally consisted of? A. Coats, trowsers, and butter-tubs; there were three or four coats.
WILLIAM SMITH (City-policeman, 244). I took the prisoner. After he was remanded I went to his lodging, 16, Holland-street, Blackfriars-road, and found a gold ring, some gold studs, 6l. in money, and various articles of dress; and in a shed, which his wife said he occupied, I found a quantity of butter-tubs.
Cross-examined. Q. Do not you know that the owner of the firkin of butter has got it back? A. I do not; I have had to give up the rings and watch by order of the Alderman—I only took the prisoner into custody once, that was on a Monday morning.
COURT. Q. Are the clothes he has got on any part of what you found? A. I believe the satin waistcoat and the handkerchief are, and I rather think his coat—on 16th Jan. I saw him in the Old Bailey in three different dresses, within two hours and a half, accompanied by two others; I did not know him before—the first time he had on a cord jacket, a blue apron, and a hat; the second time a Mackintosh buttoned up close in front, and a cap, and a short time afterwards I saw him in a cord jacket, a gray waistcoat, low shoes and white stockings, and a sort of light grey cap with a peak to it; it was the same cap as he had on when I apprehended him—the third time I saw him was about 20 minutes past 8 o'clock in the morning, and from seeing him in those three dresses I took him to the station, and he was discharged with a caution by the sergeant—it was then about 9, or a few minutes after; I do not know whether the clock had struck or not—I am quite certain he is the man.
MR. PARNELL called
MARY ANN BISHOP . I was barmaid at the White Hart Tavern, Saffron-hill; I was so on Friday, 16th Jan.—the prisoner came there about half-past 11 o'clock—I knew him as a customer—he never left the bar till after I—I heard on the Monday following that he was in custody, and recollected that it was on the Friday previous that he was there.
Cross-examined by MR. P. FRANCIS. Q. Are you any relation of the prisoner? A. No; nor have I ever said I was—I know the policeman Smith by his number—I have never spoken to him; that is him (pointing to him)—I have never told him I was the prisoner's sister—I did not see him on the Saturday—I did not see him till the following Thursday, after the prisoner was taken on the Monday—that was the first time I saw him—I never said, either before or afterwards, that the prisoner was ray brother, nor that he was related to me; I swear to that—I only was to the White Hart to stay four weeks, but I stayed eight weeks; I did not go to stay—I am not there now—before that I was at Mr. Jackett's, a tavern in Blackhorse-court, Drury-lane—I have been away from the White Hart a fortnight to-morrow—I never saw
the prisoner till I went there—I did not know him when I was at Mr. Jackett's—I have generally heard him called Clements; I never heard him called by any other name—he had some bread and cheese and a glass of ale at the bar of the White Horse—I remember the day, because I was out in the afternoon as he was there in the morning—I read in the paper that he was taken on the Monday—I heard of the robbery, and I heard on the Monday that the prisoner was taken—a good many people come to our bar—the prisoner was there frequently, not more than Other customers—I had seen him there before, and I saw him there on the Saturday and Monday between the time of the robbery and his apprehension—he was standing at the bar all the time by himself—he was not talking to me all the time, he was having his bread and cheese, and I was about my business—I observed the time, because I was having my lunch when he came in, and I generally have it between, 11 and 12 o'clock—I never left the bar—I was not very busy that morning—I had no particular reason for observing the time—at a little after I he asked what time I was going to dine—I told him 2, and he went away and did not stay to dinner—I have not been before the Magistrate—I heard of the robbery, and told Mrs. Clements, the prisoner's wife, who came to take tea at our bouse on Thursday—I was not acquainted with her, but I had seen her once or twice, and knew her by sight—I met her outside the Compter, Giltspur-street—I knew she was the prisoner's wife, because I was told so when she came to the White Horse one night; she has not been in the habit of coming there—I went to Mr. Wood's, the attorney's office, on the Thursday after he was taken on the Monday—I went there with his wife at the time I met her by the Compter.
MR. COCKLE. Q. You are a barmaid; is that the way you get your living? A. Yes: it is utterly untrue that I have said the prisoner is my brother.
ELIZA WELLS . My father keeps the White Horse, in Saffron-hill; Bishop was his bar-maid. On Friday, 16th Jan., about half-past 11 o'clock in the morning, I was at the bar—the prisoner came in—I knew him as a customer—he had some bread and cheese, and did not go till half-past 12—I was there the whole time—I did not leave the bar or go up stairs—Mary Ann Bishop was there all the time—I am confident it was full half-past 12.
Cross-examined. Q. Do you know St. John-street? A. Yes—it would take from five to ten minutes to walk there from Saffron-hill—I have seen the prisoner's wife three or four times, and know her by sight—she is a customer of ours—I have seen her at the bar, but not very often—that has been within the last three weeks or a month, not before—I am quite sure of that—I am confident it was Friday the prisoner was at the bar, because my father was out—he went to Bermondsey to one of our houses, to collect the rent—I know it was half-past 11 o'clock because I looked at the clock to tell my mother the time—I am fourteen years old, and live at home—my father's christian name is David—I know the prisoner left at half-past 12 because my cousin came in—she left at 25 minutes past 12, and left the prisoner there—he staid a goodish bit longer—I cannot say whether it was an hour.
MR. COCKLE. Q. You have been asked the distance to St. John-street; has the place where this is alleged to have occurred been pointed out to you? A. No.
COURT. Q. What made you observe particularly the time your cousin went out? A. I believe she looked at the clock, as she had to get something for dinner for her husband, and as she went out she spoke the time out loud,
and I heard her—the prisoner was standing by the beer-engine—during the time he was there he was by himself, I think—I knew him as a customer—I do not know whether I first heard of the butter being stolen the same day or the day after, on the Friday or Saturday—I do not know whether I spoke to Mary Ann Bishop about it or to my mother—it was spoken about in our house that day or the next—I think it was Mary Ann Bishop from whom I heard that the prisoner was accused, but I cannot say—I said directly, "He was here"—I think I heard of his being in custody on Monday evening or night—yesterday was the first time I was asked to be a witness—a gentleman came round to our place yesterday—I recollect now that it was not Mary Ann Bishop who told me the prisoner was taken—I had not told anybody before yesterday what I could tell—that is the gentleman who came to me (the prisoner's solicitor)—I did not know him before yesterday—I do not know how he came to come to me—when he came yesterday, I was up stairs, and my mother sent for me down, and the gentleman asked me what I knew about them atter.
ANN STEVENS . Mr. Wells, who keeps the White Horse, Saffron-hill, is a relation of mine—Mrs. Wells is my husband's cousin—I was there on 16th Jan.—I went into the bar about half-past 11 o'clock—the prisoner was there—I had seen him before by coming in and out of my cousin's—I staid there till half-past 12—he was there all the time I was there—he did not leave at all—I left him at the bar.
Cross-examined. Q. What took you there so early? A. I was going by for my dinner—that made me stay there an hour—I was going up into Leather-lane—I stopped because my cousin, Mrs. Ralphs, said she was going that way—she went with me—it was turned half-past 12 o'clock then—I looked at the clock, and am quite sure it had turned the half hour—I said to my cousin, "I shall be late with my dinner to-day; I shall get something to fry"—I have been out of Court during the examination of the last two witnesses—there were not such a great many people in and out of the bar while I was there—the prisoner was standing, eating some bread and cheese—one or two persons passed in, but not more—I have known the prisoner four or five years, but no more than passing the time of day to him—I have seen him frequently at the White Horse, and also Wells and Bishop—I saw Mrs. Clements the week before last, and last Thursday—I did not speak to her about this—I have not told anybody all I have told you to-day—I have mentioned it now for the first time.
MR. COCKLE. Q. Recollect yourself; do not you see Mr. Wood there? A. Oh, Mr. Wood! yes, I saw that gentleman yesterday morning; I told him what I knew about the matter—I happened to go by the White Horse, and went in—I did not know Mr. Wood was there—I have not mentioned it to anybody else, only to my cousin, Mrs. Wells, last Friday—I did not know what that gentleman meant when I told him several times over I had never mentioned it to anybody.
CHARLES GIBSON . On Friday, Kith Jan., I was potman at the White Horse, Saffron-hill. I was cleaning the window that morning when the prisoner came in; I can hardly say what time it was; it was before dinner—I was on the steps, cleaning the inside of the window nearest the bar, in front of the bar, and saw him having bread and cheese—he was there some time—I cannot tell exactly what time he left.
Cross-examined. Q. How long have you been potman there? Q. Three weeks; we never had any bar-maid but Miss Bishop: the daughter acted as bar-maid when I went there—I have seen the prisoner there frequently—the
first time I mentioned my evidence was to the solicitor yesterday—I heard of the prisoner being in custody on the following Tuesday.
SOLOMON WORMS . I am a commission-broker, of 47, Turnmill-street, about eight minutes' walk from the White Horse. I know the prisoner—he is cooper—I have dealt with him respecting casks—it was about a month ago; it was before 16th Jan.—on 16th Jan. I went to the White Horse, just after 12 o'clock—different persons were in front of the bar, and among them was the prisoner—I think he was eating—he made some remark about having an early dinner—I stopped and read the paper till very nigh 1 o'clock, and went away, leafing him there.
Cross-examined. Q. Are you of the Jewish persuasion? A. No; I did not sell the prisoner any casks; I inquired about some brewers' casks—I only asked him what he could afford to give—he did not buy them—we could not agree about the price—it was about two months ago—I was subpoenaed last week to Middlesex Sessions as a witness, but was not called; it was in an assault case; it was not to prove an alibi.
MR. COCKLE. Q. Do you know whether the prisoner is a cooper? A. Yes; he lives a few doors from me—he makes tubs—he keeps a shop in Turn mill-street, but has not done so since Christmas—I was first applied to come as a witness Inst Saturday evening—I saw his wife—I am certain the prisoner never left while I was there—my eyes were upon the paper, but we conversed together, when I left off reading, for a minute or two—I marked the time, because I have been in the habit of seeing the paper every morning for ten years, at that time, when business does not call me away, and I should have stopped a few minutes more to read the paper, but I was frightened that dinner was waiting.
MR. P. FRANCIS re-called
WILLIAM SMITH (City policeman, 224). I have seen Mary Ann Bishop before to-day, at various times—the first occasion was with the prisoner's wife, on Monday, 19th Jan., in Guildhall yard, when the prisoner was being examined; and on the Friday previous to the prisoner being brought from the Compter I saw her waiting in Giltspur-street, some considerable time, with the prisoner's wife, and various other companions, and she told me she was the prisoner's sister.
Cross-examined by MR. COCKLE. Q. Had you said anything to her previously? A. I had not; I said nothing to any of the other persons who were with her—she was only with the prisoner's wife at the time she said that; the others were walking up and down the street, and I saw her several times in conversation with them—that is all I know about the companionship—I apprehended the prisoner—I did not refuse to give up the property taken from the house, in the teeth of a Magistrate's order—I was summoned, in consequence of refusing to give up the coat without an order from the Magistrate—I made no claim for expenses when I was ordered to give them up; I had no power—I know Mr. Wood and his son—his son applied to me several times for the clothes—I never refused to give them up except on payment of 18s., which I claimed as expenses—I never made any demand—I was never reproved by the Alderman.
MR. P. FRANCIS. Q. You had charge of the property, and when you had a written order, and were summoned, you gave it up? A. Yes, in the presence of the inspector; it was given to the solicitor—I saw the prisoner's wife in the street, and several other persons whom I know by sight—Alderman Wilson only ordered me to give up the watch and money—there was afterwards an order for the clothes and jewellery to be given up, and I gave them up at the station.
NOT GUILTY .
NEW COURT.—Tuesday, February 3rd, 1852.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged 23.— Confined Twelve Months.
GUILTY . Aged 60:— Confined Six Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
JONATHAN RIDDICK . I keep the Crown public-house. On the evening of 16th Dec. the prisoner came to my bar for 1 1/2 d. worth of gin—he gave me a half-crown—I marked it and gave it to my wife, and she gave him change—as the prisoner was at the door going out, I found it was bad—he came again on 30th Dec. for 1 1/2 d. worth of gin—I was in the bar-parlour—I saw my wife serve him, he paid her with a shilling—she gave him change, and gave me the shilling—it was bad—I marked it, and gave it to the policeman—I gave the prisoner in charge.
Prisoner. Q. You said I was in your house on the 26th? A. Yes, you were; I should have given you in charge, but there was no one there; you had 1 1/2 d.-worth of gin, and gave me a bad shilling; I broke it and threw it at you.
MARTHA RIDDICK . I am the wife of the last witness. On 16th Dec. I was in the bar—the prisoner came in, and I, by my husband's desire, gave him change for a half-crown—my husband gave me a half-crown, I discovered it was bad—the prisoner had just got out at the door—the half-crown was then marked and locked up—I and my husband followed after the prisoner, but he was gone—I was not there on the 26th when he came—I was there when he came on the 30th—he asked for 1 1/2 d.-worth of gin, and he put down a shilling—I recognised him as the same person who had been there before—he had his thumb over the shilling that he had put down—after I laid the change on the counter the prisoner then took his thumb up, and I took up the shilling—I said, "This is a bad one, and this is not the first time you have uttered bad money here; this night fortnight you was here with a bad half-crown"—he said, "Me?"—I said, "Yes, and you know it"—I am sure he is the man—my husband took the shilling, and the prisoner was given into custody.
JOHN COCKMAN (policeman, E 106). The prisoner was given into my custody on 30th Dec.—this shilling was given me by Mr. Riddick, and the half-crown by Mrs. Riddick—the prisoner denied the shilling being bad, and he denied being in the house on the 16th, when the half-crown was passed.
Prisoner's Defence. I acknowledge to having uttered the shilling—I do not know anything about the half-crown; when they told me the shilling was bad I gave another directly; I had taken the shilling about five minutes before.
GUILTY . Aged 32.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ISABELLA REED . I keep a counter in the Pantheon, in Oxford-street. On 24th Dec. the prisoner came there, about half-past 4 o'clock in the afternoon—she asked for some gold thread, which came to 4d.—she paid me with a half-crown—I gave her 2s. 2d. change, and put the half-crown in my pocket—I had no other half-crown there, only a sovereign and two shillings—I am quite sure the prisoner is the person—I afterwards went to pay some money to Mr. Howland, a grocer—I gave him the same half-crown—it was tried by a "detector," and found to be bad—it was marked—I did not loss sight of it at all—I kept it by itself, and produced it on the examination of the prisoner—it was given to the constable.
Cross-examined by MR. PARRY. Q. How many half-crowns had you taken that day? A. I cannot tell—I had taken change for a sovereign from the inspectress—I should say I bad not taken more than four half-crowns that day—it might be half-a-dozen—the money taken there varies in amount—we take a good deal of money before the holidays—I saw Mr. Howland about three-quarters of an hour afterwards—after I had taken the change for the sovereign from the inspectress I had no other customer till I went to Mr. Howland—he lives in The obald's-road—I had not been in any other shop but Mr. Howland's—I had not noticed anything about the half-crown when the prisoner passed it, she was so respectable that I did not notice it—I know this to be the half-crown I took of the prisoner (looking at it.)
MR. BODKIN. Q. When you went to Mr. Howland's and proposed to pay him, had you any more than that half-crown? A. No; only that one—this is it—it was broken in my presence by Mr. Howland.
ELIZABETH M'ARTHUR . I keep a stall at the Pantheon. I know the prisoner by sight—I have seen her several times—I saw her on Christmaseve, or a few days after—she came to me between 4 and 5 o'clock in the afternoon for a box of toys—the price was 6d.; she offered in payment a bad half-crown—I noticed it was bad, and gave it her back—she said she had taken it, and she gave me a good one.
Cross-examined. Q. Did you mark it? A. No; I had not any occasion to do so, as I did not take it—I bit it—I know it was bad by the look of it altogether.
SARAH EMBLEM . I keep a jeweller's stand in the Pantheon. On 31st Dec. the prisoner came to my stand; she bought a 6d. cushion, and proposed to pay with a half-crown; it was bad, and I returned it to her—she said she had no other change, but she would get change and return in half an hour—she did not return—I do not take a good deal of silver, but I am a pretty good judge of silver—I am sure the half crown was a bad one.
ELIZA CROW . I keep a stall in the Langham Bazaar. I know the prisoner by sight—she came to my stall on 2nd Jan.—she bought an article, and offered me in payment a half-crown; I gave her 2s. change—I noticed there was a mark on the head of the half-crown she gave me—I put it in my pocket—I did not mix it with any other half-crown—I afterwards offered it, and it was refused—it was not out of my sight—I kept it, and gave it to the officer on the 15th—I am sure it was the one I got from the prisoner—it had been mixed with others, but I knew it by the mark—this is it—I noticed the mark on it immediately the prisoner gave it me.
Cross-examined. Q. You received this half-crown on the 1st or 2nd Jan.? A. Yes; about half-past 4 o'clock—I put it into my pocket and took it home, and put it in my desk—there were other half-crowns and shillings there—it
remained there I think till the day afterwards, when I went to pay it away—no one had access to my desk but myself—no one lives with me—I keep the desk locked—I took out that half-crown, and all the other silver the day afterwards, and took it to pay a bill to a person in Rath bone-place—I paid the bill, and the half-crown was refused—that was the day after I had taken it—I then put it in a piece of paper, and put it in my pocket; I kept it till the 15th, when I gave it up—I had seen the prisoner in the bazaar repeatedly before, and she had purchased things from me.
MR. PARRY to ISABELLA REED. Q. Had you seen the prisoner before the day that you speak of? A. No; she then purchased this article—this matter has been talked of in the Pantheon.
EMMA STOCKER . I assist Mrs. Tebbutt, who keeps a stall in the Pantheon, I know the prisoner, she bought a needle-case of me on 5th Jan., between three and four o'clock—it came to 6d., she gave me a half-crown, and I gave her 2s.—she went away, and directly she was gone I discovered the half-crown was bad—I went in search of the prisoner, but could not find her—I wrapped the half-crown in paper, and put it in my pocket—I gave it to Mrs. Tebbutt, at 5 o'clock, at the closing of the building, wrapped in the paper as it was—on the 8th Mrs. Tebbutt produced the half-crown—she gave it to me, and I showed it to the constable, and I gave it up to him on the 9th—I saw the prisoner in Oxford-street, and was the occasion of her being taken into custody—she said it was not her that gave it me.
Cross-examined. Q. Had you seen her before the day she gave you the half-crown? A. Not to my knowledge—one of the porters was with me in Oxford-street, when I saw the prisoner—I found the half-crown was bad immediately—this is it—I marked it in Vine-street station.
REBECCA TEBBUTT . I received a half-crown from Stocker on the 5th Jan., between 4 and 5 o'clock; I returned it to her on the 8th—I am sure I gave her the same she bad given me—I had kept it in my pocket, but separate from others.
BISLEY ROBERTS (policeman, C 154). The prisoner was given into my custody on 8th Jan.—I took her to Vine-street station; 4s. 6d. was found on her;—I received this half-crown from Miss Reed—this from Miss Crow, and this other from Miss Stocker.
CARLES OTWAY . I am superintendent of the C division of police. I was in attendance when the prisoner was brought in a cab—I looked into the cab in a minute after she came out of it, and found this half-crown on the mat at the bottom of the cab.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
FREDERICK MASTERS . I am cashier to Mr. Meeking, a linendraper, on Holborn-hill. The prisoner came there on the day before Christmas-day between 4 and 5 o'clock in the evening—she asked for two pieces of tape; they came to 1 1/2 d.—she gave me a bad half-crown—I took it to a cashier who was at the desk—in consequence of what he said, I took it back to the prisoner, and told her it was bad—she said she did not know it—I gave it her, and she went away—I am a pretty good judge of silver—I am quite sure it was bad.
On 24th Dec, the prisoner came at a little after 6 o'clock in the evening—she asked for a reel of cotton; I gave it her—she gave me a bad shilling—I showed it to Mr. Pattey, a shopman, and left it in his care.
CHARLES PATTEY . Lloyd showed the shilling to me—I examined it, and found it bad—I asked the prisoner if she had any more—the said, "No"—I asked her where she got that—she said she just took it in change for half-a-crown at a linendraper's, she could not tell where, nor where she lived—she said she had been from Southampton about a fortnight—I turned her out of the shop—there was a policeman passing the door—I mentioned it to him, and let her go—I locked the shilling in a small drawer in the cashier's desk—I kept it apart from all other money—I at last gave it to the constable that I saw at the door.
WILLIAM LEVY . I am shopman to Mr. Meeking, where Masters is cashier. The prisoner came there on 8th Jan., between 11 and 12 o'clock at noon—she bought 1d.-worth of cotton—she offered a shilling, which was a bad one—I called our cashier, and be took it off the counter—I am certain what he took up was what the prisoner put down.
JOHN GROVES . I am cashier to Mr. Meeking. I saw the prisoner there on 8th Jan.—I saw a shilling on the counter—I did not see her put it down—I took it up and took it to the desk, and showed it to the cashier, but before I took it there I bit it—the cashier gave it back to me—it was not out of my sight—I am sure it was the one I took from the counter—I gave it to Mr. Wallis.
WILLIAM LEE (City policeman, 253). I was near Mr. Pattey's on 24th Dec.—I saw the prisoner leaving the place—Mr. Pattey spoke to me, and gave me a shilling—I looked at it—the prisoner could not tell where she lived nor anything about it—I let her go, and told Mr. Pattey to keep the shilling—this is it—on 8th Jan. I was sent for to Mr. Meeking's, on Holbornbill, and the prisoner was given in charge—I received this shilling from Mr. Wallis—I recognized the prisoner as the same person who attempted to pass the shilling at Mr. Emery's—I took her to the station.
Prisoner's Defence. I sell things in the street; I went to buy a reel of cotton, and offered the shilling to the shopman; he asked if I knew it was bad; the other I knew nothing of.
GUILTY . Aged 17— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
CAROLINE HANNAH CHAPMAN . I am the wife of John Timothy Chapman, he makes eel-pies and kidney-pies. On 5th Jan. the prisoner came about the middle of the evening—she asked for an eel-pie—I told her we bad not any—she said had we any kidney—I said, "Yes"—she said, "Give me a kidney-pie"—I did, and she gave me a half-crown—I gave her 2s. 5d. change, and put the half-crown in the till, where I had no other—I am quite certain of that—the half-crown was taken out by my husband between 12 and 1 o'clock, when the shop was closed—I think it must have been between 8 and 9 when it was taken—there was no other half-crown taken that evening—I was there when my husband took the money out of the till—he took it out and put it in the cash-box—there was only one half-crown in the till.
Prisoner. I never saw your face before you came up to the court, on
Thursday morning—I will take my oath I never was in your shop. Witness, I am quite certain she is the woman.
JOHN TIMOTHY CHAPMAN . I took the money out of the till on 5th Jan., according to my usual practice, and put it in the cash-box—there was no other half-crown in the box—it remained in the cash-box till the Thursday morning after—the prisoner came again on the Wednesday—down to that time I had not put any other half-crown in the box—when she came she asked for two mince-pies, they came to 2d.—I was called to give change for a half-crown—Jane Townley was there minding the shop—I had not change to give—Ellen Ragan was there with some beer from the Barley-mow—the half-crown was given to her—she came back in about two minutes—the half-crown was found to be bad—the prisoner was standing in front of the counter—Saunders came back with Ragan—I received the half-crown from him, it was then broken—a constable was sent for—I asked the prisoner where she took that half-crown, she made no answer—I asked her where she lived—she said in Shoreditch—I said I thought she had been in the shop before—she said she had never been in the shop before—I gave her in charge to the officer, he took her to the station—I went there, and when I came back I went to the cash-box and found one half-crown, and only one, it was bad—the cash-box is kept locked—I keep the key.
ELLEN RAGAN . I am servant at the Barley-mow—I received a half-crown from Jane Townley on 7th Jan.—I went to the grocer's shop, and took the half-crown to Mr. Saunders—he rung it, and said, "This is bad"—he put it to his teeth and broke it—it was not out of my sight.
Prisoner. The shopman said that was not the first bad money you brought, you brought a bad half-sovereign. Wittiest. That was one which my master gave me—a person came and brought it.
GUILTY . Aged 24.— Confined Six Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
ANN FOSSEY . I am a widow, and keep a beer-shop at Chelsea. On 4th Jan. the prisoner came there, between 8 and 9 o'clock in the evening, with another man—one of them, I cannot say which, asked for a pint of beer, and gave me a shilling—they were in company, and both of them drank of the beer—I gave 10d. change, and they both went away directly—as soon as they were gone I looked at the shilling and found it was bad—I put it on a shelf, and it remained there till I gave it to the constable—on the afternoon of 6th Jan. the prisoner and the same man came again—they called for a pint of beer, and one of them gave me a shilling; it was a dark afternoon, and I could hardly tell whether it was good or bad—I gave change for that, and after they were gone I found it was bad—I sent three persons after them—I put the shilling in the fire, and it melted pretty quickly—on 11th Jan. the prisoner came again, between 9 and 10—there was another man with him,
not the man who had been with him before; they called for a pint of beer, and paid a shilling—I was looking at it, and they said, "Don't you like it, mistress?"—I said, "No"—I sent for my son, and said, "Is not this a bad shilling?"—he said, "Yes;"—I sent for a policeman, when the prisoner and the other man rushed to the door, pushed my son aside, and ran away—the prisoner was brought back in about ten minutes—after I had shown my son the last shilling, I broke it on the edge of the bar, and gave it to the policeman—this is it.
Prisoners Defence. I had not been in the house before; I was asked by a young man if I would have a drop of beer; I did not pay for it.
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 16.—Recommended to mercy,— Confined Three Months and Whipped.
THOMAS HILL (policeman, D 135). On the morning of 9th Jan. I was on duty in Chapel-street, Edware-road, about 6 o'clock—I saw the prisoners walking very fast—I asked them where they were going—Watson said they were going home—I asked where they had been—they said, to a coffee-shop—I asked what they had about them—they said they bad nothing—I asked Watson to let me see what he had, and I put my hand to his coat—I found there was money, and I asked him where he got it—he said he worked for it—I said, "That won't do for me"—I took them to the station—when there, Neary said to Watson, "Don't fret; they cannot hang us for this"—I found on Watson twenty-six pence, seventy-four halfpence, and thirty-one farthings, and this shilling (produced); and on Neary, two shillings, a halfpenny, a knife, and a comb—the inspector asked Watson where he got these coppers—he said he played at skittles for it, and won it—it was about 6 o'clock when I took the prisoners—I went on day-duty, and went out just before 6, and I saw the prisoners a very few minutes after I got out—I can positively swear it was not 5 minutes after 6—the prisoners were about twenty yards from Mr. Parkbouse's.
MARIA PARKHOUSE . I am the wife of Thomas Parkhouse, who keeps dining-rooms, at 29, Chapel-street. On the night of 8th Jan. I saw the house was shut up, and was quite safe when I went to bed, at 12 o'clock—I was not disturbed in the night—I came down about 8 next morning, and found the till had been broken open, and the money was gone—the skylight was open, and a ladder fixed against it—it had no fastening—they had got on the roof, and lifted it back—it had been shut down the night before—I missed a number of pence, halfpence, and farthings, one shilling with a hole in it, and some knives and forks—this is the shilling with the hole in it.
LEWIS PYE . I live with Mr. Parkhouse. On the morning of 9th Jan. I came down about 20 minutes before 8 o'clock—I found the till had been broken—the persons had got in from the back shop, through a skylight—I found a fork and a key by the till—I saw Watson come into the house about a week before, and look round, and walk out.
JOSEPH LACK (policeman, D 156). I was on duty on the night of 8th Jan., in the neighbourhood of Chapel-street—I saw Watson about 12 o'clock, in White Lion-passage—I searched him—he had 2 1/2 d. on him, some silent Iucifer-matehes, and a piece of grease—I asked him what he did with the grease—he said he greased his hair with it.
Watson. You took 2s. 2 1/2 d. from me; you gave me back the 2 1/2 d.; you kept the 2s., and took the lucifers from me. Witness. No, I did not.
Watson's Defence. About half-past 11 o'clock that night I met the constable; he asked what I had about me; I said, "Nothing," and I was going to the public-house; they searched me; I had 2 1/2 d.; I went to where I used to work sometimes; I had a money-box there, that I used to save up all the pence and halfpence that I could get in; after I left the constable, I broke open my money-box, took all the money out, and put it into my pocket; I went to the coffee-shop, and sat there till 4 o'clock in the morning; I came away from there, and went into Old Church-street; I sat there till 5, and about an hour afterwards I met the other constable; he asked me where I was going; I said I was going home; he said I must go to the station; he asked me where I got the money; I told him I got some of it by playing at skittles, and some I worked for, and I saved them all up together.
(Watson was further charged with having been before convicted.)
JOSERH BROWN (policeman, D 299). I produce a certificate of Watson's former conviction, at this Court—(read—Convicted, May, 1850, having been before convicted; confined fifteen months)—I was present—he is the person.
WATSON— GUILTY . Aged 19.— Transported for Ten Years.
NEARY— NOT GUILTY .
MR. LILLEY conducted the Prosecution.
JOHN ROWE (City policeman, 136). About a quarter-past 5 o'clock, on Tuesday evening, 20th Jan., I saw the prisoner in Beech-street—I had seen him before—I watched him, and saw him take this piece of leaden pipe from the door of 7, Beech-street—the door was open, and this pipe was inside, leaning against the door—he walked away as fast as he could—I followed him into Beech-lane, and asked him what he was going to do with the pipe—he said, "Don't take me; you will ruin me"—I took him into custody—he walked into Whitecross-street, and then laid down, and fought very much—I held him, sent for another constable, and took him to the station—he was searched, and two duplicates found on him—this is the pipe—the prisoner appeared to be drunk when I first saw him, but, in watching him, he was not so drunk as he appeared to be—he did not take the lead in the first instance; he made two attempts, and took it the third time—it weighs 31lbs.
Cross-examined by MR. PARRY. Q. When you first saw him he appeared drunk? A. Yes; he was staggering about; he knocked me off the pavement—I watched him for about five minutes before he took the lead—I did not say anything to him, nor he to me, when he pushed me off the pavement—I knew him before—I cannot tell whether he knew me.
MR. PARRY called
PATRICK RYAN . I have known the prisoner perfectly well since he was about seven years old—I think he is now going up to his eighteen—upon my word, I never heard anything against his character till this business—I
always knew him a very industrious hard-working young fellow—he was embossing for a person in Tabernacle-walk—on 20th Jan. I had been in his company all day from about half-past 11 o'clock till, I think, about a quarter after four—he got very drunk indeed in my company, both in the Coach and Horses, and in the Paul Tap, Chiswell-street—he was very much intoxicated, not able to walk—I was better than he—I had drunk a great deal of gin, but, my being older than he, I was more substantial—a shoemaker can take more than other persons.
Cross-examined by MR. LILLEY. Q. How Was your sight after this drink, did not things wave a good deal, and dance before your eyes? A. No, never; I am a very staunch sort of a man—sometimes I may drink five or six, or ten glasses, before it would take any effect on me—I suppose that day I had drunk seven or eight glasses of rum and gin, besides potter and ale—I am always able to know the time.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined One Month.
OLD COURT.—Wednesday, Feb. 4th, 1852.
231. WILLIAM ROBERT FINCH , feloniously forging and uttering an order for payment of 20l.; also, one other order for payment' of money; with intent to defraud George Henry Barnett and others: to which he pleaded
GUILTY . Aged 19.— Transported for Seven Years.
Before Mr. Justice Cresswell, and the Third Jury.
232. JAMES SOLEMAN DAVIS was indicted for unlawfully obtaining goods within three months of his bankruptcy, under colour and pretence of carrying on business in the ordinary course of trade: to which he pleaded
GUILTY . Aged 50.— Confined Twelve Months. (See next Case.)
MESSRS BALLANTINE and HOLL conducted the Prosecution.
JOHN EDWARDS . I am an usher of the Court of Bankruptcy in London, in the Court of Mr. Commissioner Holroyd. I produce the petition for the adjudication of bankruptcy of James Soleman Davis, also the copy of the adjudication of bankruptcy and the declaration of insolvency—I have all the proceedings; they are enrolled—I was present on 17th Nov., 1851, when the prisoner was examined before Mr. Commissioner Holroyd—he was sworn by me on the Old Testament, and then examined touching the bankruptcy—it was taken in writing, read over to him, acknowledged by him, and signed by him—I produce his examination—I was also present on 1st Dec, when he was again examined before Mr. Commissioner Holroyd—he was sworn on that occasion on the Old Testament—his examination on that day was read over to him, acknowledged and signed by him—I produce that examination, and also the Gazette.
and sold goods—he did not keep a shop—my father it a creditor of his—he is the petitioning creditor—the bankrupt was indebted to him about 80l. at the time of the petition—there were bills out in addition.
The examination of the prisoner before Mr. Commissioner Holroyd on 17th Nov., 1851, was here read: he described himself as a general dealer, of No. 9, Minories, and was examined at great length as to the nature of his dealings with the bankrupt, with whom he stated he had been acquainted twelve or fourteen months, and that his dealings with him had not extended to the amount of 1,000l.; that as he kept no shop, the dealings had generally taken place at Benjamins Coffee-house, in Duke-street, Aldgate, Abraham's Coffee-house, and St. James's Coffee-house in the same place. After stating that he had obtained from Davis various deposit notes for goods pawned by him at Attenborough and Sowerby's, his examination proceeded as follows:—"I do not remember going with the bank-rupt to a pawnbroker's in Sloane-street, named Lamb, to redeem goods and I say positively I never did go there with the bankrupt, but I did go with the bankrupt about Sept. last, but cannot say what day in particular, to a pawnbroker's of the name of Russell to redeem some goods—the bankrupt requested me to go with him to redeem those goods, assigning as a reason that he did not like to go in and sign his name; I consequently redeemed those goods, and signed my own name on that occasion on the pawnbroker's ticket—I have been to Russell's on more than one occasion, but Davis accompanied me only on one occasion—both times when I went to Russell was about Sept.—they were both the goods deposited by Davis—he told me there was a nice lot of goods which he wished me to redeem, and the bankrupt gave me the money to redeem them with, telling me at the same time that he would sell them to me and agree upon a price—there was but a short time intervening on the two occasions when I visited Russell's—the bankrupt himself had the money with which he redeemed those goods, and I did not advance it for him"—"the bankrupt gave me the money on two successive days"—"I never did, on any occasion, redeem any deposit made by Davis to Mr. Lamb, a pawnbroker, in Sloane-street, and that I speak positively to"—"I never sold any of Davis's goods to Barnard Phillips, of Castle-street, St. Mary Axe—in my dealings with Davis I always dealt with him in my own name and on my own account, and not as the agent of another, &c." A further examination of the prisoner on 1st Dec, 1851, was also read; after stating that the goods he had redeemed were redeemed with money furnished by the bankrupt, it proceeded: "In your former examination you stated you had never, on any occasion, redeemed any deposits made by the bankrupt at Lamb's, a pawnbroker, in Sloane-street, and to that you spoke positively; was what you then said in that respect true?—It was true; and I never redeemed any goods of the bankrupt at Lamb's. Are you quite certain of what you now say in that respect?—I am quite certain of that. Now, take care what you say; did you not, on or about 8th Oct. last, accompany the bankrupt to, or meet the bankrupt at, Lamb's, in Sloane-street, and then redeem two lots of goods pledged by the bankrupt at Lamb's, one lot for 10l. and the other lot for 80l.?—No, I did not; I never redeemed any lots at Lamb's—I recollect on one occasion meeting the bankrupt near the Exhibition in the evening, and he asked me to accompany him somewhere in that neighbourhood, and I did so, but it was not, to my knowledge, to a pawnbroker's—the bankrupt went in at a private door, and the bankrupt beckoned me in, and I saw the bankrupt produce some letter or ticket, and I saw some goods handed out, and
I helped the bankrupt to count out his money—I then left the room, and the bankrupt on coming out told me he had a fine lot of goods which he proposed to sell me—I cannot say whether that was at Mr. Lamb's house—upon that occasion I did not produce the money, and I did not myself redeem the goods on that occasion—Davis had the goods in a brown paper, and I declined to purchase them as it was night—I took away the goods on that occasion, as Davis said he had no great coat pocket, and I had—on the same night I gave Davis those goods, and told him I would see the goods to-morrow—Davis then went away with the goods and left me—I did on the next day see those goods—I did not buy them, as they were too good for me and too high priced—I cannot recollect whether I purchased any small portion of them or not—I cannot recollect what was about the gross value of those goods"—"I have redeemed some goods at Russell's, in Shoreditch, but I cannot say the date nor the amount, nor whose tickets they where, nor if I received the tickets from the bankrupt—I cannot say if I redeemed any goods whatever at Russell's since 17th Oct. last—I redeemed on two occasions at Russell's goods belonging to the bankrupt, but those I redeemed some time in the summer with money supplied me by the bankrupt for the purpose, and on those occasions I delivered the goods to the bankrupt—I did not, to my recollection, on 23rd Oct. last, redeem goods pledged for 50l. at Russell's, in Shoreditch—I did not, to my recollection, on 21st Oct. last, redeem goods pledged for 50l. at Russell's, in Shoreditch—the bankrupt did not give me money to redeem the goods at Russell's, which it is supposed I redeemed on 21st and 23rd Oct. last, but I do not recollect that I did redeem any such goods about that time at Russell's—I take out a great quantity of goods which are pledged by other persons all over London, and I cannot recollect one transaction of that kind from the other," &c.
JAMESH SOLEMAN DAVIS (a prisoner). On 24th Oct. last T became a bankrupt—I had carried on business for eight or nine months preceding my bankruptcy as a general dealer—I from time to time obtained goods from Messrs. Holland, and other persons—I think I first bad dealings with Heilbron, in the early part of the year, I had one or two little dealings with him in the early part of the year—I began to have extensive dealings with him about the month of June—between that time and my bankruptcy I received from him, for goods, as near as I can possibly state, about 2,000l.—there was not much difference between the value of the silver goods I sold him and what I was to have given for them to the persons from whom I obtained them—in the gold goods there was a considerable difference, I should say nearly one half—I cannot say what proportion of the 2,000l. was for gold goods—I should say about a couple of hundred pounds was for silver goods, but I cannot say positively—the rest were gold—I sold them at about half the price that I was charged for them—I did not give any invoice with the goods before Sept.—there had been sales before Sept., beyond 5l. each; some 10l., some 15l., and upwards, and some 20l. or 30l.—I gave invoices at the request of Heilbron—he said that the persons he was acting for required invoices—I recollect pledging some goods at Lamb's, a pawnbroker's, in Sloane-street—I received these deposit notes (produced) on the days on which I pledged the goods—one day was the 5th, and the other the 12th of May—I pawned various kinds of things on those occasions—there were gold chains and watches on the 5th to the amount of 10l.; I think I pawned a gold watch and a diamond ring then; and on the 12th, gold watches, gold chains, studs, and several diamond rings, to the amount of 80l.—those goods were redeemed, I think, in the early part of Oct.—Heilbron and I went
together to redeem them—we met at his house—before we went it was said that he was to have them, and to sell them, and if any profit arose out of it we were to divide it—he knew what they were by seeing the ticket—I had shown him the ticket before we started—I got to Sloane-street by the omnibus from the corner of Moses' shop, at the corner of the Minories—I think it was between 6 and 7 in the evening when we got to Lamb's, somewhere about that time—I went in at the side door, the office door it is called, it is next to the shop door, and in Sloane-street—he and I went in together—I went into the office and presented the two tickets—I cannot recollect positively who presented the tickets—the goods were produced—Heilbron had them and put them into his coat pocket—I only had them in my possession when they were on the counter—I think Mr. Lamb handed them to me, and I gave them over to Heilbron to the best of my recollection Heilbron: paid for them—I did not pay any money of my own for them—I did not give Heilbron the money beforehand to pay for them—I have never seen those goods since—I have never been paid for them—I believe I have pledged three or four lots with a pawnbroker named Russell—these (produced) are the tickets referring to them—by these it appears it was on four occasions, but I cannot say—these were the tickets that were given to me on the occasion of my pawning at Russell's—I gave those four tickets to Heilbron, I think in Sept.—he has not accounted to me in any way for the proceeds—I did not find any of the money to redeem them—I was in the habit of purchasing articles of Messrs. Holland and Son—I made several purchases of them in Sept.—I recollect that I had some forks and spoons, I do not recollect exactly the number—it was about five dozen fiddle-pattern—I cannot recollect the weight—I sold them to Heilbron—I do not know whether it was the following day after I got them, or the day after—I had a pair of sugar-tongs and a sugar-spoon—I sold one pair of sugar-tongs and spoon to Heilbron, but I had sold a sugar-tong the week previous to another person—I have seen Barnard Phillips, but not to know him personally—shortly before my bankruptcy I did not know how to act or what to do, and Heilbron advised me that the best I could do was to say that Dick, Tom, or Harry had the goods, and they could not do anything to me, or something to that effect—I cannot exactly say the words.
COURT. Q. Were all the articles you sold to Heilbron, during the whole of this time, new articles? A. Not all new; all but the silver goods, they were principally second-band—all the gold things were new, with the exception of a few things.
Cross-examined by MR. CLARKSON. Q. Were you an uncertificated bankrupt at the time you commenced this trading? A. I was; I had been a bankrupt at Sheffield—I was then in the furniture trade, an upholsterer—it is my trade—I took to it in 1835, and kept it on to 1840 or 1841—after 1840 I was in a situation at one time as an assistant in an upholsterer's shop at Leeds—I remained there till 1845—it was at the shop of Mr. George Washington England, of Commercial-street—I was not with him five years—I was travelling about before I was with him; I was travelling in a general way, selling different kinds of goods in cutlery and stationery—I was along with another person named Myers—I was travelling about for about two years before I went to Mr. England—I was at Mr. England's about twelve months, or from that to fourteen or fifteen months—I was a traveller after being an upholsterer, and continued so till about 1843 or 1841—I then went to Mr. England's for about twelve months—after that I began to travel again with Mr. Myers—he persuaded me; he advised me to take journeys with him—I travelled with
him for two or three years—for the former part, about twelve months or two years, I sold from his stock—I had not any stock of my own at the time—I believe the amount of my debts, under my bankruptcy at Sheffield, was somewhere about 4,000l.—I had not been bankrupt before then, or insolvent, nor had I compounded—I cannot exactly say what dividend was paid under my estate at Sheffield, because all my property was taken by an execution from William Morley and Sons, and I was declared a bankrupt on purpose for me to go into the Court to overthrow them—the principal part of the goods were swept away by Morley's—the other creditors got nothing—the amount of my debts now is about 7,000l. or 8,000l.—my accounts are not made up yet, and I cannot exactly say—I have been in business this time since 1846—I have been carrying on my business in London all along, and backwards and forwards—I have been a traveller—I have been carrying on the same business that I commenced with, and selling jewellery and stationery.
COURT. Q. Did you, or not, a short time ago, in answer to the second question put to you, say, "I have been a general dealer for eight or nine months?" A. Yes; the question was put to me, whether I bad been for eight or nine months, but T had been from the first commencement—I believe my statement at the examination will show that; but the question put to me was, if I had been doing so for the last eight or nine months.
MR. CLARKSON. Q. When did you settle in London? A. In the commencement of the last year.
MR. BALLAANTINE. Q. The debts you have spoken of, and to which my friend has referred, have all been debts incurred since that period? A. I cannot answer exactly to that, because there were bills running at the time.
COURT. Q. Have the 7,000l. or 8,000l. been debts contracted since you settled in London? A. They have.
MR. CLARKSON. Q. I believe you are not of the Hebrew persuasion now, are you? A. I have been baptized for the last twenty-three years.
CHRISTOPHER LAMB . I am a pawnbroker, of Sloane-street. I know the bankrupt Davis—he pawned goods with me on 5th and 12th May—these are the tickets of the goods he pawned on those occasions (produced)—he redeemed them on 8th Oct—he was accompanied by another man, who I believe to be Heilbron—Davis produced the tickets, I produced the goods, and requested the money for them—Heilbron then took from his pocket a bundle of notes and banded them to Davis, with which he paid me, and I handed the goods to Davis; I think he handed them to Heilbron—they came to my private door, which is in front of the house next to the shop—the shop was lighted up; it was open—I have the usual sign over the door.
JACOB RUSSELL . I am a pawnbroker, of 10, Shoreditch. I know Soleman Davis—I have seen him at my house—these four deposit notes (produced) are from my shop; one is 43l., one 50l., another 50l., and another 50l.—the goods that they represent were redeemed by Heilbron—the entries are in the handwriting of a shopman who has now left me—I was not present when they were entered; I was when they were redeemed—I can only say from memory when that was—I remember they were all taken away by Heilbron—I do not find my signature on either of the deposit notes—I find Heilbron's signature on them—I do not know his writing—I was present, but did not see him write it—I saw him, and am quite sure they were received from him—there is nothing on them to show the date when they were redeemed—I can only tell that from the book—besides myself and my servant, my son was present—about a week or a fortnight after the last goods were redeemed, Heilbron came to my shop; I did not know of Soleman Davis's bankruptcy
at that time)—he came in and said there were proceedings being taken against Davis, and would I not say anything about his having redeemed more than two of the deposits—he said, "I know I signed my name to two of the deposits, but not to any more"—I told him I could not speak anything but the truth, I could not do otherwise; if I was asked the question I must speak the truth—I do not think he replied—I said, "I don't know your name, and don't tell it me"—that finished the conversation, and he went out.
JAMES RUSSELL . I am shopman to my father. I know the prisoner—I was present on all the occasions when he redeemed the goods which these notes represent—two of the dates of the redemption are in my writing, 17th March for 50l., and 21st Oct.
Cross-examined by MR. HUDDLESTON. Q. Which is the entry in your writing? A. It is not the entry, it is the date of redemption—these initials are mine, both of them; one is 23/10, and the other 25/10/51—Heilbron is the person who redeemed them—I had seen him before on 13th Sept., 1851, when he had the other lots out—there is a memorandum in my own writing of that—I have got three entries in my writing.
HENRY HOLLAND, JUN ., re-examined. I know Mr. Davis; he was in the habit of dealing with me. On 10th Sept. he purchased twelve new fiddle dessert-spoons, twelve new fiddle dessert-forks, twelve second-hand table-forks and spoons, and twelve teaspoons—on the day following he purchased a pair of fiddle sugar-tongs and a sugar-spoon; the weight of the whole taken together was 107 ozs. 12dwts.
Cross-examined by MR. HUDDLESTON. Q. Do you speak from a book? A. Yes; this is my own writing.
BARNETT PHILLIPS . I live at 8, Castle-street, Houndsditch—there is no other Castle-street in the neighbourhood—it is not the same as Castle-street St Mary Axe; it is near St. Mary Axe—I know Heilbron—on 11th Sept. I bought some silver spoons and forks of him—this is a memorandum made by myself—I think they were fiddle pattern; they weigned 107 ozs. 10 dwts.—I sold them to Messrs. Barker and Co., of Leadenhall-street—on the same occasion I bought four gold watches of Heilbron for 32l. 7s.—the numbers of two of them were 26015 and 25755—I do not know any person named Barnard Phillips in Castle-street—I have had several dealings with Heilbron both before this and afterwards—I paid 6s. per ounce; they were principally old forks and spoons.
Cross-examined by MR. CLARKSON. Q. Do you know these marts for people of your persuasion at Abraham's, and at Benjamin's, and the St. James's coffee-houses? A. Yes; they are public bazaars—I have known them twenty-five years, and have dealt at them repeatedly—Christians, as well as Jews, deal there—I have known Heilbron nearly twelve months—I have made inquiries of several people, and understand him to be highly respectable.
OLIVER WILLIAM SIMMONS . I am manager of Messrs. Barker's business, in Leadenhall-street. On 12th Sept. I bought twelve table-spoons, twelve forks, twelve tea-spoons, twelve dessert-spoons, a pair of sugar-tongs, and a sugar-spoon of a man named Barnett Phillips—they were fiddle pattern, and weighed 107 ozs. 11 dwts.—I think I made a remark that they were Holland's make, but I am not quite certain.
Cross-examined by MR. CLARKSON. Q. Is 6s. an ounce for old fiddleplate a reasonable price? A. It is a low price—I know Messrs. Debenham
and Storr's, in King-street, Covent-garden—I have not been there, and have not seen plate sold at 5s. 9d. an ounce—6s. an ounce for fiddle-pattern plate is a low price—I gave 6s. 6d. The prisoner received a good character.
GUILTY . Aged 48.— Confined Twelve Months.
NEW COURT.—Wednesday, Feb. 4th, 1852.
PRESENT—Mr. JUSTICE ERLE; Mr. Ald. MAGNAY; Mr. Ald. MOON; and Mr. Ald. FINNIS.
Before Mr. Justice Erle and the Fifth Jury.
MR. O'BRIEN conducted the Prosecution.
ISEDORE HEINE (through an interpreter). I am a merchant, and live at 27, Jewry-street, Aldgate—I have been in the habit of doing business with the prisoner—I paid him some money in Sept.—this is the receipt, dated 8th Sept.—in Jan. last I paid him 6s., this is the receipt for that—(bill read, dated 6th Aug., 1850, "By cash, 32l. 10s., 22nd Aug., 1850, for N. Garstin. J. Vaughan. Settled for N. Garstin. J. Vaughan"—the balance was 6s.
Cross-examined by MR. ROBINSON. Q. Was the money paid on 23rd Jan.? A. Yes; I cannot say whether that 6s. was allowed as discount by the prisoner in Aug.—I think the 6s. was not paid in Aug., because I had no change—I cannot remember when the prisoner was first charged before the Magistrate with this offence—after he had been in custody he called and had the 6s.—there had been some quarrel between the prosecutor and the prisoner, and I did not want to keep the 6s.—Later than Aug. he called and said he intended to allow me that 6s. as discount, and afterwards, when be called in Jan., I said I beard there had been a quarrel, and I said I would not keep the 6s. that he had thrown back, and so I paid it him at my place—I had not asked for this 6s. to be allowed as discount; the prisoner said he would let me have it as discount—it was not paid at the prosecutor's—it was at my house, in Jan., to the prisoner.
FREDERICK GRAY . I carry on business at 7, Cork-street, Burlington-arcade. I had been in the habit of doing business with the prisoner—I paid him 4l. 3s. 6d. on 28th Nov.—this is the receipt—(read—"Frederick Gray to N. Garstin and Co., 4l. 5s. 6d. Received, by cash, J. Vaughan. 28th Nov., 1851."
Cross-examined. Q. You have received many bills headed "Garstin and Co.?" A. Yes, a great many—I have known the prisoner three or four years—I never heard the slightest thing against his character.
NORMAN GARSTIN . I carry on business as a provision merchant. In March, 1850, I also embarked in the business of leather dressing, which I carried on in Short-street, Bermondsey—the prisoner came into my employ on 22nd or 24th March, 1850—he conducted the business of leather dressing for me—his wages were 2l. a week—he had no share in the business; he received no profits from it in any shape or way—I paid him 2l. a week—it was part of his duty to receive moneys for me—it was his duty to bring the money he received to me—I have a cash-book in which I inserted the money he handed to me—I have the book here—I did not receive from the prisoner on 28th Nov., or on 29th, or after that, the sum of 4l. 3s. 6d., paid from Mr. Gray—when he handed me money, and it was entered in the book, the name of the person paying it was always put in the book—here is no
entry of 4l. 3s. 6d. being paid from Mr. Gray—I think the last time, in Nov., that the prisoner accounted to me for any money was on 24th Nov. but he paid me some money on 27th Nov.—he did not pay me any money after 27th—he left my employ on 29th Nov., but he came back on 11th Jan. as I suppose—he did not assign any reason for leaving me before he left—I had no idea he was going to leave—when he came back he re-entered on his usual duties—he took the list from me of debts to collect, and went out to collect them—he went away on Saturday, and I did not see him till Tuesday the 13th—he did not pay me any money after he re-entered my service—not one farthing—I beg pardon, yes, he did—I have not the cash-book here, but I think about 1l. 4s. 6d. from two persons—neither of them was Mr. Heine's—I have not received any since 23rd Jan.
Cross-examined. Q. With regard to that 6s., at what time did you give the prisoner into custody? A. I think on 20th Jan.—it was on a Tuesday morning—the 6s. was paid on the 12th—the receipt was not dated when it was in Court before the Magistrate—it was merely the word "settled" on it—I entered into the leather-dressing in March, 1850—I had never been in that business before—I had not been looking out for a partner about March—I was never looking out for a partner in any business whatever—I saw an advertisement in the Times for a partner, which induced me to look after this business, and in consequence of that I saw the prisoner—an agreement was entered into in writing with reference to the terms on which we were to be together—the prisoner came into my employ—I had never put "Garstin and Co." on my cards or bills before—as soon as the prisoner came I put "Garstin and Co." on my bills, not in the provision business, but only the leather business—those others had been printed before—there was no other person in my business of leather-dressing—when money was paid to me I made an entry in a book—no other person was to receive money but myself and the prisoner—I have not the book here in which I entered the sums of money I received—I thought this was it—it is one just like this—this is the ledger—it will be but two minutes' walk to get it.
COURT to ISIDORE HEINE. Q. On what day did you pay the prisoner the 6s.? A. On 23rd Jan.—I saw the day written—I had a receipt when I paid the 32l. 10s. in Aug.—this is the receipt—when I paid the 6s. I had "23rd Jan." put on it, in addition to the old receipt—I saw it written at the time, and kept it.
COURT to the Prosecutor, who had returned with the hook. Q. You have the book containing the entries in Nov., and you have no entry of the money from Mr. Gray? A. None whatever—this first column after the names, indicates the date in the ledger, the folio—the prisoner sometimes wrote on slips of paper, but sometimes he said simply, by word of mouth, the sums he had received—Mr. Gray's account was 4l. 3s. 6d., and that was on 28th Nov.
Q. But I see he paid into the bank 14l. 9s. 7d. on 28th Nov., and on the following day 60l. 12s. 2d.; if he received money, had he authority to pay it into the bank? A. I have sent him to the bank myself, but he had no authority to go to the bank himself—these sums were paid into the bank by myself, none by him—if any person called at my house and paid me any sum that would go down in this book—every item I received, and the name of the person is entered in this cash-book.
MR. ROBINSON. Q. Here is, on 28th Nov., 45l. 1s. 3d.; was that paid into the bank by yourself? A. No; these are the items paid into the bank; this 45l. 1s. 3d. was paid to a man; this 14l. 9s. 1d. was paid in by my own hand—the prisoner paid me on 28th Nov. 7l. 8s. 6d. for Mr. Jones—that
was all that was paid by him—here is a sum paid by Mr. Wood, but that was in the provision line—I know the money has not been paid, by Mr. Gray's name not being entered; but I have further proof; here is a letter, which is in the prisoner's writing—(this letter was dated 17th Jan., and in it the prisoner stated that he had received of Mr. Gray 4l. 8s. 6d.)
MR. ROBINSON. Q. You say this money was received on 28th Nov., and the prisoner left your service on the 29th; did he leave you in consequence of illness? A. No; I can swear I heard nothing of it—I heard on Monday that he was ill—on Tuesday morning I went to his house to inquire for him—his wife came, and said he was not very well—I said, "Is he confined to his bed?"—the said, "No"—I went into the parlour—she went down into the kitchen, and I heard two footsteps go up stairs—she then came down, and said, "I am quite mistaken; he is in bed"—I went up, and saw him in bed—he did not appear to be very ill—I was at his house more than once—he came back to business on 11th Jan., and I gave him a list of debts to collect—I first read over the names, and then wrote the list, and gave it him—he was given into custody on the 20th—I never knew these sums had been received till I received that letter—I swear that before 17th Jan. he did not offer to go into the account between us if I would appoint a day; most positively not—he did not on any day before I gave him into custody—I did not go and call on him in consequence of that letter—I knew where to find him, at Mr. M'Cree's—I went there with a constable to arrest him, on Tuesday, the 20th—I went into the house without the constable—the prisoner did not say "If you will appoint any day, and appoint any person, I will go into it"—he did not say the half of that—there was no possible time for him to do it—I do not believe he said anything—I merely agreed with the constable to go in to see if he was there—I went in, and said, "Mr. Vaughan, when are you going to settle this account?"—I will not swear what he did say, for I turned round, and went out—Mr. M'Cree was there—I never allowed the prisoner one halfpenny out of the profits of the business—I have never charged him with one halfpenny of the losses, except when he said he had his pocket picked of ten sovereigns—I charged him with that—that was on Good Friday, I am sorry to tell you—I charged him with that, and he paid it, that is in his account—I never charged him with any loss in the business—I never furnished him with this account (looking at it)—I furnished the solicitor with it.
MR. O'BRIEN. Q. What used you to pay him weekly? A. 2l.; the first week I advanced him 30l., and 10l. afterwards—he was always 10l. or 15l. in advance—he paid himself every Saturday night 2l.—this book shows it—this is the wages-book, in which he used to enter his own wages—it was kept by him—the last entry of wages is on 22nd Nov.—he did not bring the last entry here—till this letter came, I knew nothing of bis having received any money from Mr. Gray, because I had given him Mr. Gray's account on 11th Jan.—I read the list of parties to him, and then gave him the list—that was; on the 11th, and on 13th he denied having received any money in the meantime.
COURT. Q. Give me the account in which Gray's payment ought to have been entered? A. This is the petty-sale book; he hands me the money, and I enter the account—in course of business, Gray's money would not have come in this petty-sale book; there is no possibility of that—the large items come here—here is 5l. entered; that is cash to myself—I happened to want some money, and I went to him, and got that—he did not come to roe daily and render his account—we have several men working; and at the end of the week, if he had not sufficient cash, he came to me, and I gave him money,
and on Monday we settled; but on that Saturday it was his duty to come to me, because we had no men at work—on that Saturday he staid away, and on Tuesday I went and saw him in bed—he did not abscond—he was not absented from my service—I did not allow him anything for commission, only 2l. a week—he had the care of the workmen, and travelled—there was no sign of his having absconded—I have a letter from him, in which he says he was going out of town, to see if that would do for him what medicine would not do.
NOT GUILTY .
MR. O'BRIEN conducted the Prosecution.
ISIDORE HEINE (through an interpreter). I was in the habit of paying money to the prisoner—I recollect having paid him the sum mentioned in this receipt—I saw him write his name to it (read—"Received, for N. Garstin, 15l. 12s.; Oct. 2, 1850. J. Vaughan.")
Cross-examined by MR. ROBINSON. Q. Did you pay that money out of your cash-box? A. I did; I recollect it—I have sometimes gold in my cash-box and sometimes notes—I cannot remember whether I told the prisoner on that occasion that I had not the 12s.; it is so long ago—the whole bill was 16l., and the discount was 8s.—I cannot remember whether I said, "I have not the 12s. by me; take my word for it, and I will give it you the first time I am near your counting-house."
MR. O'BRIEN. Q. Had you many transactions with the prisoner? A. I always bought from him, because the prosecutor was not there—I never got a receipt for more money than I paid.
NORMAN GARSTIN . The prisoner was in my employ, and in the habit of paying me money—here is the book of Oct., 1850—here is, on 2nd Oct., cash 15l. from Mr. Heine—I never received any more money in reference to that entry—on Tuesday, 13th Jan., I first ascertained that there was 15l. 12s. paid that day—Mr. Heine came to me on 7th or 8th Jan.; there was a balance of 1l. 6s. due from Mr. Heine to me—I spoke to the prisoner about it, and was angry, and on the 7th or 8th Mr. Heine came to settle a small balance, and he went through the items in my book—the prisoner called on me on the 13th, and said there was a mistake, and Mr. Heine had not paid it him, but he had told the prisoner to call at his house and he would pay him 18s.—there was 12s. due on one account and 6s. on another—the prisoner did not acknowledge having had that, he denied it, but he had had it in his pocket since 1850.
(The prisoner received a good character.)
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
ROBERT WARD . I am a beer-shop keeper, in Waymart-street, Clerkenwell. I have been in the habit of dealing with Messrs. Larchins—in Aug., 1849, I was indebted to them a sum of money—I paid the prisoner 5l. 2s.—I saw him sign this receipt.
Prisoner. He paid me 5l. and left the 2s.; there was a discount. Witness. There was no discount—I paid him 5l. 2s. on 14th Aug.—he said he must take some money home to Mr. Larchin, and next day I received a letter from Mr. Larchin not to pay you any money—I paid you in my bar-parlour, 23, Wynyatt-street—here is your own writing to this receipt.
HENRY LARCHIN . I am a brewer, at Ratcliff-cross. I have now three partners; I had then two partners—the prisoner was our collecting clerk in Aug. 1849—I think he had been so about six months—he was paid a weekly salary, and I think a commission beside—it was his duty to collect money from our different customers, and to bring it that night or the next morning to one of the partners with this book, which he was in the habit of taking—he took it from our counting-house every morning to collect, and he either entered the money in this book himself, and had the initials of a partner to it, or if another person wrote it there would be no necessity for the initials—I did not receive 5l. 2s. from the prisoner on 14th Aug., 1849—here is an entry in Mr. Ward's account of 16th Aug., "By cash, on account, 6l.," and some other figures, which I understand to be, "less 12s."—that may be discount, I do not know—this would indicate that the prisoner would only have to pay 4l. 8s.—if it had been brought to me I should have taken the 4l. 8s.—this entry is the prisoner's writing; there are no initials to it—the prisoner ought to have had the initials of one of the partners to it—it would have been his duty to do so for his own security—there is no entry whatever of 4l. 17s. being received from Mr. Snell—here is nothing entered after 27th July except an entry of thirty-one gallons of ale returned; no cash—the prisoner went away on the evening of 16th or the morning of 17th Aug.—he gave no notice of his going—we did not owe hint anything; he had been paid to the previous Saturday—I think he left about the middle of the week—his wages were from 2l. to 3l. a week, and some portion would have been due to him from the Saturday till the time he left—he did not come to claim any wages—this book came to us by post or by hand, I think on the day after he left.
Prisoner. Q. Was I paid only by salary? A. I have stated that you bad a salary, and I believe a commission also—in the first instance you had 4l. a week, and the business not turning out as it should do, it was reduced to 2l. or 3l. salary and a commission—I do not believe that about two months before you left you were put on commission solely—I believe my son is at the brewery to-day, or else out about business—you certainly left on 16th or 17th Aug.—it is most unlikely that twelve months ago you were sitting at your desk in my office—the only thing I know is, I saw you one day about four months ago, and said if I could find a policeman I would give you in charge—you made me no bill—there were no payments that were not entered in this book—this is the book you took every day, and all you have received would naturally go into it.
JUST. Q. Did you keep an account of his commission? A. I have looked in the ledger, and it was all in one sum paid to the Saturday before—he was paid every Saturday morning—either I or my partners would see his book every day.
Prisoner. He owed me 16l. 18s.; I debited myself with this 4l. 17s., and gave him the account in. Witness. I did not have an account from him in which he debited himself with this money; no, he did not send such an account
Prisoner. I brought my own connection to him; I had a respectable trade, some of the first publicans in town; he gave me 2l. for a salary, and a commission; he thought I was getting too much, and he dropped my salary; his son knows it, and he has kept his son away; he put me on commission altogether; it ran on, and I found that this commission was not enough; I expressed my dissatisfaction to his son, and he said, "Go on a little bit;" I acknowledge to the money that Mr. Snell paid: twelve months ago I went to Mr. Larchins, and saw his son; he said, "Have you made out your, bill?" I said, "Yes, and I want my money;" be kept trifling with me, and desired
me to find some empty barrels, which I did, and sent them home nine months ago; this I am prepared to prove by Henry Larchin, but he would not bring him in Court, nor Mr. Woodgate; this is the first time I was charged with anything against my honesty; I believe it is a concocted scheme got up by the wine doctors; I think I was justified in holding back this 4l. 17s. when there was 16l. 17s. owing to me on my commission; a commission man has a perfect right to pay himself, if he debits himself with it, and credits bit employer; he knows if his son came in Court, and he was subjected to a cross fire, he would not succeed well; I never shunned their office, and never heard anything of this till the wine merchant threw down the gauntlet Witness. He was paid every Saturday morning all that was due to him—I have not employed him since then—it was long before that he was employed to get the empty barrels.
Prisoner's Defence. For two months I received no salary; there is 16l. due to me; his son was before the Magistrate; I called him twice, and be skulked out of Court; I wanted to call Mr. Woodbridge and Henry Larchin, junior.
MR. ROBINSON conducted the Prosecution.
HENRY MEADEN . I am clerk to Robert Kalloway Meaden, a wine merchant, who lives in Walbrook; he succeeded Mr. Alexander in the business. About 28th or 29th Nov., the prisoner called at our counting-house—he asked if our gin, rum, and brandy were good—I told him they were—he said he had been in the habit of dealing with Mr. Alexander, and found his articles good—I said we had a large stock of Mr. Alexander's on hand—he said he had paid Mr. Alexander 700l. in two years, and he had sold to some persons, and be should want some samples—he said he wanted two hogshead of gin, two hogsheads of rum, from fifteen to twenty dozen of fine old crusted port, and thirty dozen of champagne—on his making this statement, I let him have three samples of gin, rum, and whisky, in bottles, about half a pint each—when he said he had dealt with Mr. Alexander, I was going to refer to the books to find his name—he said he always paid ready money, and Mr. Alexander never entered his name; I should not find his name in the books—it was what the prisoner had told me, and his representing himself a customer of Mr. Alexander's that induced me to let him have these samples—I afterwards had a communication with Mr. Alexander—the prisoner was to call at 12 o'clock next day to take away fifty gallons of gin with him, and he was to pay in cash—he called at the appointed time—I asked him how much he should want—he said he should not take it that day, he would take it next day, and in the meantime he had made larger sales, and should want larger samples—I told him I had seen Mr. Alexander, and he knew nothing of him—he then said he did not know Mr. Alexander, neither did Mr. Alexander know him, but it was through customers that he had sent him that he had dealt with him—I asked him to mention the name of any one customer—he was not able to do it, but he wished me to let him look at the book, and be would point out several—I refused to show him the book, and he left.
Prisoner. Q. What time in the day did I call first? Witness. About 11 or 12 o'clock—it is usual when we want to make sales to induce some person to take samples, and show—I do not know whether a four ounce bottle will hold half a pint—I never measured it—I remember your coming back and saying you wanted fifty gallons of gin—I do not know exactly what kind of gin, or what the price of gin was then, perhaps 9s. 2d.—I never
recollect a case where strangers came and paid money before they received the goods—I told you we would not send oat the goods without the money—I do not remember that you said it was a respectable house, and Goldings', the brewer's, might be referred to—you said you were well known to Mr. Alexander, and had done business with him, and through that I let you have the samples—I did not ask you the first day whether you knew Mr. Alexander—you told me you did know him well, and his family—I said Mr. Alexander was next door, and you said it was no consequence, he did not know you—sometimes the party to whom you sell goods will require the original sample to be left, to see whether you will send goods equal to the sample—when you came hack you asked me for a larger sample of that which was sold, and I declined it without money was paid for the goods, and you declined all further connection with me.
COURT. Q. When goods are sold by sample, and that sample is left with the customer, is it usual for a larger sample to be sent out? A. I never knew it to be done—I refused to give him larger samples, because Mr. Alexander knew nothing of him—I told him if he would leave money sufficient to cover the expense of the sample he should have it—I refused to let him have them unless he would leave money on the gin he was to have next day—I do not recollect that the house was named where the gin was to go to—he said a customer of his, named David Wells.
Prisoner. I never said the words that are attributed to me; I never named Mr. Alexander, but on one occasion he asked me if I knew Mr. Alexander; I said I knew him by name, that was all; I went there as every other commercial man does, under the impression that it was a respectable house; I said, "I am a commercial traveller;" he was very glad of my proposal to sell for him; he gave me four samples; I did succeed with one, for fifty gallons of gin, at 9s. 2d., to Mr. Wells, of the White Horse; I told him I had effected this sale, and I supposed his were the usual terms of the trade, provided he was satisfied with the respectability of the man; I told him I should require the original sample for Mr. Wells; that always ratifies the transaction; he refused that, and I told him I could not lose my time any longer, I would go elsewhere; he said his brother would be borne in a few days, and I expected his brother would be no better than himself; all my expenses were out of my own pocket; if he had applied to Coding's and found the man not entitled to credit, I would have sustained the loss, but he has never tried it, but in his own stupid way; he deprived me of the money I spent, and the commission.
GUILTY . Aged 38.— Transported for Seven Years.
(There was another indictment against the prisoner.)
MR. LAWRENCE conducted the Prosecution.
THOMAS WEBB . I am a furniture dealer, and live in New-street On 16th Jan., between 3 and 4 o'clock in the afternoon, I was in Wilson-street, Finsbury; I saw the prisoner coming out of Cross-street followed by a mob of boys, and hooted—he was very drunk, and reeled—he ran up Horseshoealley where a coal-wagon was wedged in, there was no room to pass—he ran between the wheel and the wall, and the driver of the coal-wagon pulled him out and put him in the road, and he turned round and struck an old man—the old man kept him off as well as he could with a handkerchief that
he had in his band filled with nuts—the prisoner struck him several time, and closed with him, and they both fell—I took the old man up, and found his leg was broken—I took him to St. Bartholomew's Hospital.
MARK MARKS . I am a furniture dealer, of White's-row, Spitalfields. On the afternoon of 16th Jan. I was coming out of a house in Wilson-street; I saw the prisoner fighting the old man—he hit him several times in his face, and the old man was trying to keep him off with a handkerchief of nuts—the prisoner closed with him, and they fell together—I assisted the old man up, and put him on a horsehair bag.
FREDERICK SMITH . I am house surgeon at St. Bartholomew's Hospital. On Friday, 16th Jan., I saw the deceased brought to the hospital about 4 o'clock; I examined him, and found a fracture of the right thigh bone—he was put to bed, and on Saturday evening there were slight symptoms of delirium tremens, coming on—on Sunday he was very ill, and in the evening more decided symptoms came on—he had some hours' sleep—next morning I was called to see him—I found his breathing very much depressed, and be died about a quarter before 11 of 8 delirium tremens, produced by the irritation of the fracture of the bone—his name was Thomas Mansell—I knew him previously.
WILLIAM CHAMPION . I live in Gloucester-terrace, Cambridge-heath. I knew Thomas Mansell for twenty years—I saw him in St Bartholomew's Hospital on 17th Jan. suffering from this injury, and I saw him after his death.
GUILTY . Aged 35.— Confined One Month.
THIRD COURT.—Wednesday, February 4th, 1852.
Before Mr. Recorder and the Seventh Jury.
GUILTY . Aged 47.— Judgment Respited *
240. JAMES JONES , stealing 1 cash-box, value 1s.; and 12 sovereigns, 6 half-crowns, 1 shilling, 4 sixpences, and 7 threepenny pieces; the property of George Rawlings, in his dwelling-house: to which he pleaded
GUILTY . Aged 56.
(Thomas Fox, carman, of George-street, Old Kent-road; Thomas Denser, horse dealer, of the Old Kent-road; and Mrs. Marshall, of St. Andrew's-road, Newington, where the prisoner lodged, gave the prisoner a good character; but Quinnear, policeman, P 1, and Webb, City-policeman, deposed to his having been summarily convicted, and confined three months.)— Transported for Seven Years.
GUILTY . Aged 25.— Confined Three Months.
GUILTY . Aged 27.— Confined Three Months.
NOT GUILTY .
OLD COURT.—Thursday, February 5th, 1852.
Before Mr. Justice Cresswell and the Fourth Jury.
244. HENRY WOOLF and ISAAC LYONS were indicted for unlawfully obtaining goods within three months of their bankruptcy, under the colour and pretence of carrying on business and dealing in the ordinary course of trade.
MESSRS. BALLANTINE and BAGGALAY conducted the Prosecution.
JOHN HENRY POLLOCK ESQ . I am registrar of Mr. Commissioner Fonblanque's Court, in the Court of Bankruptcy. I produce the proceedings in that Court under the bankruptcy of the prisoners; the adjudication is dated 19th Nov., 1851—they surrendered on 20th Nov.—the proceedings are still pending.
JOSEPH PARRINGTON . I am an accountant, of King-street, Cheapside, in partnership with Mr. Ledbury. Early in Nov. I was employed by the defendant's creditors to look into their accounts—I first communicated with the defendants on 5th Nov., and went through their books with their assistance, and that of their clerk; and likewise made the necessary inquiries of them—I attained a certain result, which I mentioned to them—I told them that there appeared to be a deficiency between their debts and assets of 3,000l.—they had been in business about thirteen months—the deficiency bad occurred during that time—they stated their capital to have been, I think, about 230l.—I did not count that capital in the deficiency—adding that capital would increase the deficiency to 3,230l.—in speaking of the assets, I speak of the assets which we could find on the premises—they accounted to me for the deficiency by stating that they had had great losses by selling their goods at a sacrifice—I did not find out what had been the loss each month since they had been in business—they gave an account of about l,200l.-worth of goods that had been pledged with Monastery and Co., and they gave me up seventeen pawn deposit notes, I think amounting to about 500l., for which I have given credit in the assets—I think there is a surplus of between 200l. and 300l. between the amount they were pawned for and what they ultimately fetched.
Cross-examined by MR. CLARKSON. Q. I believe you were appointed by the creditors after a meeting had been held, at which the bankrupts admitted their insolvency? A. I was; they had signed the necessary documents, for the purpose of being declared bankrupts—when I first went to their ware-house, I found some one there from Ellis and Everington's I believe, outside the door, but no one from Pawson's—the information I gained was from their books and their verbal statement—they told me that they had been compelled to raise money to the amount of twelve hundred and odd pounds by pledging goods at different times—they did not tell me that they bad redeemed 900l.—worth of them—I think they were not the same goods—they did not tell me
so—I swear that—they stated they had redeemed goods from time to time, but did not give me the amount—I did not look to the books to ascertain the amounts that were redeemed—I never have done so—I had no opportunity—I only had the books for a short time—there were entries in the books of what had been pledged—I do not think there were entries of what had been redeemed—they read from the books on the opposite side of the table, and I wrote it down—it was at a private meeting of creditors—I believe the books did contain to some extent an account of their redeemings—their debts were 5,000l. and upwards, and their assets 2,000l. and upwards—I am speaking from memory—I have a memorandum here, made by my clerk—the assets were, I think, 2,400l., and consisted of the stock in trade, fixtures, furniture, and a surplus of goods in pledge, a surplus above the amount advanced on them—the amount of the stock was between 1,800l. and 1,900l.—fixtures and altogether, including some pianofortes, which they had bought on speculation, I believe the amount was about 2,400l.—I have the items here—I ascertained the value of the stock in trade by taking it down with the aid of their own people at the cost price—Ellis and Everington's account in the books appears to be an account of barter of umbrellas and parasols sold to them on the one hand, and on the other of silks bought of them—I cannot tell you the amount of goods purchased by Ellis and Everington—it is spread over a long period—it may probably amount to 1,477l. 8s. 11d.—the books do not show the cost price of those articles—I have not seen in the books that the cost price of those goods was 1,724l. 3s. 7d.—I have not seen the books since they were declared bankrupts—I am not accountant under the bankruptcy—I do not know whether the books show a loss by the bankrupts in their dealings with Ellis and Everington to the amount of 246l. 14s. 8d.
Q. Did they not show you a list of their transactions with Ellis and Everington, and their other creditors, amounting in the whole in sales to the amount of 5,201l. 7s. 5d.? A. They gave roe down a statement to a much larger amount than that from their own examination of the books—they did not show me a list of losses they had sustained on goods sold to fourteen persons—I wrote down from their verbal statements the names of parties to whom they had sacrificed their goods—this is it (handing it in).
Q. Did they state to you that they had sustained losses to the amount of 1,360l. 10s. 10d. between the price of goods which had been manufactured, and had cost them 6,561l. 18s. 3d. which they had sold for 5,201l. 7s. 5d.? A. No, I have no recollection of those figures, but I have stated in that paper what they gave me down—they stated that almost the entire deficiency was in consequence of the sacrifices they had made—I arrived at a deficiency of 3,000l.—I made no allowance for rent—that had nothing to do with the deficiency between debts and assets—I made up a further statement to account for the deficiency, in which they gave me an account of their expenses, but still left 1,000l. unaccounted for—that paper contains the whole of what they stated to me on the subject—I did not take it all down from their dictation—it was made from information obtained at different interviews, but not made in their presence—I ascertained what they had paid for rent—I can tell what it is by reference to that paper, but I do not know without, I have had twenty estates through my hands since—I was present when Mr. Foot, one of the creditors, first appeared—that was on the evening of 5th Nov., at the counting house of Messrs. Pawsons—it was not a meeting of creditors—I am not aware whether the prisoners had sent for Mr. Foot—when I went there Mr. Howell, of the firm of Ellis and Co., Mr. Pawson, Mr. Foot, Woolf,
Lyons, and Messrs. Ellis's solicitor, Mr. Parker, were there, and a Mr. Jenkinson, came afterwards—the creditors asked the state of their affairs, and they said they could not tell the particulars, they were insolvent, and the creditors then requested them to execute an assignment and to sign a declaration of insolvency, both of which they did—I have no recollection of any other material fact—there was conversation about the state of their affairs, and that was the result—the bankrupts did not state that the cause of their bankruptcy was the requirement by Foot of security for a contract which he had entered into with them to the amount of 4,000l.—it did not happen when I was present—I do not know that I ever heard of it—I could not have forgotten it if I had—I may say I never heard of it—the assignment and declaration were printed forms, and were filled up in the counting house by Mr. Parker, the solicitor—I do not think that it was arranged that Mr. Jenkinson should write to the creditors generally—I do not know whether he had written before—Mr. Jenkinson was Mr. Foot's solicitor—from Messrs. Pawson's counting house we went to the bankrupt's warehouse, where they gave me up the keys, and I put a person in possession under the deed—I went to the warehouse for that purpose—my assistant went with me, and I there met one of the warehousemen of these wholesale houses, I forget which, standing at the door, I think he was from Ellis and Everington's or Pawson's—I do not know his name, he had been in—the bankrupts did not in my presence, at Messrs. Pawson's or at their own warehouse, ask permission to send for their solicitor—I did not hear any one, either from Ellis's or Pawson's, say that there was no necessity for it, and that they would protect the bankrupts—nothing of the sort was said to them in my presence before they executed the declaration and the assignment—they assisted me in examining their books for about a week or ten days, and their clerk also—they rendered roe every assistance in their power, as far as I could form any judgment—I am not aware that they had bought and paid for 60l.-worth of cane in Oct.—they did not tell me so—no doubt there was as much as 60l.-worth of cane on the premises, but I do not know when it was bought—cane is used in making parasols—I have no doubt there was an invoice of this cane, but I never saw it—I have not looked over the invoices.
MR. BALLANTINE. Q. You have mentioned that you took down the stock from their own statement; had you any other means of testing the value? A. A reference to the invoices would have tested it—I requested one of the creditors to test it, but I did not do it myself—I only took the value of the stock from their statement—the stock realised about 1,000l. or 1,100l,—I did not ascertain the result of the running account with Ellis and Everington, the books were in a very confused state, and they had much difficulty in giving information on any point—they did not tell me what the balance was between them and Ellis and Everington—I took down on that paper their statement of what they had sold to Ellis and Everington, and of the loss they said they had sustained—I did not examine the books, they were read to me from the opposite side of the table—there are two kinds of pledging, one by which they pledged goods, and the other what they said was a sale—I have not seen the word "pledging" at all in the books (referring to the books)—there is the word "borrowed" in the cash account—I do not see the word "pledged"—it simply says "borrowed," without any name to it, "59l. 8s." and various sums—I have not seen any stock book showing what became of the stock when it went to the pawnbrokers—I also find the words, "loam re-paid"—I likewise find the word "silkman," and against it, 163l. 12s. 6d.—that sum is under date, 9th May, 1851—there are two other entries of
"silkman" under the same date, 76l. 10s. 6d., and 73l. 5s.—I do not remember that the bankrupts gave me any explanation about those entries.
MR. CLARKSON. Q. Did you ever see those enteries before? A. I cannot say that I have—I did not ask the bankrupts for any explanation of them—the goods that realised 1,100l. were sold by public tender to a person named Myers—the entire stock was sold at forty seven per cent., under the price invoiced to the bankrupts, manufactured and unmanufactured, no distinction was made, it was put up in one lot—it was offered in various small lots, with the option of taking the entire stock; and the bidding not being in the minds of the assignees sufficient, they made, at the time the tenders were put in, a private arrangement at a discount at about forty seven per cent.
HATTON HAYMER STANSFIELD . I am an official assignee of the Court of Bankruptcy. In the course of my duties I made an inquiry of these bankrupts—I asked for an explanation of the word "silkman," in these books, and found that all cheques for redemption were made payable to silkman or bearer, and the entry in the book would be "silkman"—I cannot take upon myself to swear whether they gave any explanation of the word "loan," I think they did—I know nothing of the value of the stock, it was disposed of before the proceeds came into the hands of the Court.
Cross-examined by MR. HUDDLESTON. Q. Do you recollect to which of the bankrupts you made the application? A. To Mr. Lyons; he gave me the information at once—it was at a meeting of the assignee, the solicitor, and Mr. Lyons—all the cheques to silkman amount to 812l. 6s.; the first is June 27, 1851, 55l. 13s. 9d., and the last is 24th Oct—I have got a list of them, taken down at the time in the bankrupt's presence, when the matter were inquired into—the right-hand page of this list is an account of the goods pawned, and the left-hand page is goods redeemed, and it goes over leaf—this statement has reference to the books; it is the result of my investigation of the pawning, in the presence of the bankrupt—this "A. J. Moss," on the right-hand side, means that the goods were pledged by him (Moss) for the bankrupts—this is the cash-book I am referring to; I ascertained that these details comprise all the goods pledged at the pawnbrokers; we compared the books, and were able to find out the pledgings, and also the redeemings—I believe the balance between the amount pledged and the sums paid for redeeming, were accounted for, as nearly as possible—I went into the cash-book to see whether the amounts paid and the amounts received corresponded with the amounts given, and I found they did—we had the duplicates—in Oct. 1850, with the exception of 6l. 17s. 11d. the balance was to the credit of Ellis and Everington, and amounted to a little above 50l. (looking at the bought ledger)—in Nov. there was a balance of 948l. in favour of the defendants (looking at the sold ledger)—in Sept. there is nothing to the credit of Ellis and Everington in the bought ledger, but the goods sold by the defendants to Ellis and Everington in Sept. were about 70l.—in Aug. 1851, the goods sold to Ellis and Everington amounted as near as possible to 52l. 4s.—I also find that in Oct. 1851, the defendants furnished Ellis and Everington with goods to the amount of about 286l. 18s. 11d., and I find on 2nd Oct. they paid them in cash, 50l.—the last parcel of goods delivered by the defendants to Ellis and Everington, was on 30th Oct.—I find by the sold ledger that manufactured goods were delivered by the defendants to Ellis and Everington almost daily in Oct., except Sundays; and in the bought ledger there is a large item to Messrs. Ellis and Everington's credit, amounting to about 760l.—a sum of 651l. is included in that—I find by the sold ledger, folio 7, that goods were returned by the defendants to Messrs. Ellis and Everington; the entry is,
"To goods, as per contract, 597l. 17s. 7d." and in the bought ledger here is the balance of goods sold to Ellis and Everington, 597l. 17s. 7d.—the balance of the whole account is 1,163l. 7s. 11d.—I find on Oct. 10th, goods returned by the defendants to Ellis and Everington, 4l. 11s.; on the 15th, 4l. 6s. 9d.; and on the 18th, 19s.
MR. BALLANTINE. Q. How does the general balance stand? A. 511l. 1s. 5d.; that amount is due from the bankrupts to Ellis and Everington—on 27th Sept. I find 319l. 19s. 2 1/2 d. to the credit of Ellis and Everington, and 181l. 4s. 11d. to their debit, leaving a balance of 138l. 9s. 3d. in their favour—I find the 948l. balance at the end of Nov. in favour of the bankrupt, by comparing the bought and sold ledgers—I believe the sum I have mentioned at the end of Sept. does not include the amount which forms the subject of the present inquiry.
COURT. Q. Do the books themselves explain the meaning of the entries you saw, or was it necessary to have a key to them from the bankrupt? A. A key, undoubtedly; he explained the meaning of "silkman" and "loan"—the meaning of those words do not appear on the face of the books—(the witness was directed to retire with the books, and balance them to the end of each month, down to the time of the bankruptcy.)
JOHN ALLAN . I am in the employ of Messrs. Ellis and Everington, drapers and warehousemen, of St, Paul's Churchyard. I know Lyons—on 25th Sept he came into the warehouse, and was shown a parcel of glace silks by Mr. Churchill—he was also offered a parcel of figured silks—he bought one piece to take home, to try if it was suitable for parasols—there was seventy-nine yards of it, at 21 3/4 d., which came to 7l. 3s. 3d.—it was sent home to him—it was on a Thursday, and I did not see him again; but on the Saturday I saw some more goods sent to the entering-room, to be sent to him—they were the figured silks which had been shown to him on the Thursday—there were 6,316 1/2 yards, and the piece which we sent before—I made no arrangement as to what account that was to go down in with Lyons—it is the course of our business, when we are sending out goods, to send them first into the entering-room—these goods were so sent from our room.
Cross-examined by MR. CLARKSON. Q. I believe the whole transaction was between the bankrupt, or bankrupts, and Mr. Churchill? A. Yes.
COURT. Q. Where did you take the entries from to which you have referred? A. From our day-book, which is in my writing; the paper I speak from is a copy of what I myself had written in the day-book—I wrote it of myself, and not from what any one in Messrs. Ellis's employ told me—all these (pointing out different entries) were sold in my presence, all except this parcel—this line comprises the whole 680l.—Mr. Churchill has left the firm—I do not know where he is—he was a partner with Ellis and Co.—he is a relation of Mr. Ellis.
CHARLES SCHOFIELD . I am a salesman, in the employ of Elks and Everington. I was present on 25th Sept., when Lyons came—he bought a parcel of glace silk of Mr. Churchill, in my presence—he also had one other piece of silk, to see if it would answer for parasols and likewise to ask his partner—on the same day, by Mr. Churchill's directions, I went to Lyon's house, in Cripplegate—I saw him, and be told me he would take the parcel, at 21d. per yard; they were offered him at 21 1/2 d. told him I could not take less than 21 1/2 d.—he said, "If they will answer the colouring of the fringes I have in stock, to make up for parasols, I will take them"—he had a box of fringes; and as he only had seen one piece of silk, he asked me if the colours of the fringes would answer to make them up into parasols—I told him I thought they would, as near as I could say, and he agreed to take the silks at
21 1/2 d.—I made no arrangement about when they were to be paid for, I had nothing to do with the paying for them—they were counted in our usual way, had tickets put on them, and were sent down to the entering department—I had no further to do with them after they left my room—I saw them leave my room and ticketed in the usual way—Mr. Churchill was a member of the firm—he has left—he was in ill health.
Cross-examined by HUDDLESTON. Q. Where is he? A. I do not know; he left about five weeks before Christmas—I was present when Lyons first came to the shop, on 25th Sept.—I did not hear Mr. Churchill or Mr. Everington call him into the shop as he was passing through St. Paul's Churchyard—he came in alone—Mr. Churchill was not at the door, nor was Mr. Everington—I swear that neither of them were at the door, and invited Lyons in as he was passing by—I do not know whether Mr. Everington is here—Lyons saw Mr. Churchill first, but it was not a minute, I should think, before I saw him; I was called immediately; in fact, I was in the room, the silk-room—I did not hear Mr. Churchill say to him that day, that if he was buying silks, they had some which were worth his while to look at—the usual season for buying parasol silks is three weeks or a month before Christmas; it depends on circumstances, when they feel inclined to go into the market—I did not hear Lyons tell Mr. Churchill he did not think the figured silks would suit him; they were not strong enough for his purpose—I went to him the same day, in consequence of a message brought to Mr. Churchill, I do not know who by, or whether it was in writing—I did not tell Lyons that if be would take the silks at the price mentioned, Mr. Churchill would put him in some cheap glace silks, or anything of that sort—he had not refused to give the price asked for the figured silks—he offered 21d. in the message to Mr. Churchill, and I told him Mr. Churchill would not take it—I do not recollect that he said he would not give more; he might have possibly—I do not suppose I was more than three minutes bargaining with him—I have told you all that took place—I mean to say, nothing was said about putting him in any cheap glace silks if he would take them, or any other silks—I do not know that he sent to Ellis and Everington to take these very goods back—if such a message had been sent, it most likely would go to Mr. Churchill—I never heard that Lyons said that these silks, when tried on the ribs of a parasol, frayed, and asked Messrs. Ellis and Everington to take them back—the figured silks were of a variety of colours—they were thin silks—I do not know the amount of goods purchased of us by the defendants.
MR. BALLANTINE. Q. You have told us he had a pattern piece in the morning; was that of the same quality as the rest of the silks? A. Yes; the remainder went out from my room about 2 or 3 o'clock on Saturday afternoon—I saw Lyons about a week or a fortnight afterwards—I do not recollect that he made any complaint to me of the silks.
ROBERT ATTERIDGE . I am a porter, in the service of Messrs. Ellis and Everington. On Saturday, 27th Sept., I delivered three boxes at Woolf and Lyons's—I made this entry of it at the time, and got Mr. Lyons's signature to it—this is it—I should think it was between 3 and 4 o'clock in the afternoon.
WILLIAM ROLAND FRY . I was in the service of the bankrupts. I find by an entry in my own writing in this book (the bought ledger) that on 29th Sept. last year, goods to the amount of 651l. 19s. 10d. were sent from Messrs. Ellis and Co.—I believe they were sold to a person named Hart, it is not entered in the sold ledger, but in the bought ledger—here is, "Sept. 30, goods, 543l. 3s. 8d.; to Mr. Hart"—his account was first opened in the bought ledger, because we purchased goods of him, and then I kept the account there.
Cross-examined by MR. CLARKSON. Q. After these goods had been sent to Woolf and Lyons, did you write a letter by their direction to Mr. Churchill? A. No; I took a letter to Mr. Churchill before they were brought in—I believe it was two or three days before—I do not know whether I ever saw Mr. Churchill—I saw a gentleman at Ellis and Everington's—I made no representation to him; that was in the letter—I wrote the letter. (MR. CLARKSON stated that notice to produce the letter had been given, but MR. BALLANTINE was not aware of it, nor had he got the letter; the COURT, therefore, admitted secondary evidence)—the substance of the letter was that Woolf and Lyons would not give the price for the goods; but if they would take something less (I cannot recollect what, but it was 1/4 d. or 1/2 d., or something like that) they would have the goods; and would Mr. Churchill let them know at once, as Mr. Lyons was going to Manchester that afternoon—I took no other note there—there was another person in their employ who may have dote so, but I do not know of it—I had no conversation with the gentleman I saw, on the subject of the return of the goods.
MR. BALLANTINE. Q. Did not you see Mr. Sehofield at your master's house after you had taken the Bote? A. No; my master did not go to Manchester that night—he did about a fortnight or three weeks afterwards.
SOLOMON ABRAHAM HART . I live at 22, Bury-street, St. Mary Axe, and am a merchant and warehouseman. I have not got my books here; I have some invoices—on 29th Sept. I purchased some silks of the bankrupts at their warehouse, and I should presume that I agreed to purchase them at the same time—I bad been in the habit of buying silks to make up into parasols—I do not recollect exactly what time it was, but I think it was in the morning part, I generally leave home about half-past 10 o'clock—I saw Mr. Lyons, and to the best of my belief Mr. Woolf also—I did not at that time know there were any boxes of silk—they showed me the silks, and asked me if they would suit me—I bid for them—they were lying on a counter, or table, up stairs, out of the boxes—I bought the lot, thirty-five pieces, at 1s. 7d., a yard; they had asked me 1d. or 2d. more—they were fancy silks, not figured—they had a stripe down them—on 30th I went there to give them part of the money, and bought a lot of coloured gleets—I laid out with them on the two days 543l. 3s. 11d.—these are the invoices of the two transactions (produced)—I do not know whose writing they are in—I paid the money at various times to Mr. Woolf and to Mr. Lyons—I received the invoices, I think, from Mr. Woolf—I had thirty-four pieces of figured or striped, 2,790 1/2 yards, and I do not know how many lengths of glace—there would be 2,833 yards of glace on the two items—I got two lots of glace.
Cross-examined by MR. HUDDLESTON. Q. What price did you give for the glace? A. 2s. 3d. for one lot, and 2s. 4d. for another—Lyons told me he wanted to sell the silks because they did not suit the parasol trade—he might have said he had tried them, and found that they frayed—I do not recollect that he said he was obliged to keep them, because Ellis and Everington would not take them back; I do not recollect Ellis and Everington's name being mentioned at all—it was a thin, sleezey silk, a soft silk—I showed both the silks to parasol makers, and they would not buy them—I have not been able to sell them for parasol purposes—I only offered them to two houses—I had been in the habit of selling goods before that time to Woolf and Lyons.
MR. BALLANTINE. Q. I believe, although you sold them goods to some extent, you have not been injured at all by their bankruptcy? A. No, I was not injured; I did not lose anything by the bankruptey—I had nothing but
a small amount of theirs due for some time—I had not had transactions with them for some time—they did not tell me where they got the goods, or whose they were, nor did I ask.
MR. HUDDLESTON to WILLIAM ALLAN. Q. What was the price of the glace? A. Some 2s. 2d., 2s. 11d., and 2s. 8 1/2 d., and three short lengths at 2s. 6d.—there was no discount—he laid out 543l. 11s. 6d.
WILLIAM HENRY WARRE . I am a pawnbroker, in partnership with Mr. Muncaster, at 14, Skinner-street. I have our books here—I have made an extract from them, which I have filed with the proceedings in bankruptcy—I never saw the defendants till they were before the Bankruptcy Court—I received pledges from time to time of a person named Moss—I began to receive them on 7th Sept., 1850, and continued to do so till 20th Oct., 1851—I advanced about 1,500l. on them during that period—I charged 15 per cent, per annum interest—if I lent them 40l. I should charge them 10s. for the loan, either for a month or a week—that is the minimum rate—I find a pawning on 12th Sept., 1851, of four rolls of silk, and a second pawning on the same day of four rolls of silk, each for 30l.—neither of those have been redeemed—I find on 26th Sept. a pawning of two gold watches and chains for 26l.—they were redeemed on 11th Oct.—I find on 29th Sept. some silk pledged for 301., which have not been redeemed—I am reading from extracts which I took from my books at the request of Mr. Parker—a portion of it is in my own writing, and some of it in one of my young men's—it is correct—the books are here—the whole of the entries in the book are not my writing, as I did not make all the advances—(referring to the bonk)—neither of the transactions of 12th Sept. are in my writing—I was not present—they are in the writing of Charles Corsby, one of my young men—he can be sent for in two minutes—the entry of the watches on 26th Sept. is also in his writing, and the 29th also—on 11th Aug., 1851, I find 30l. advanced on four rolls of silk, that is in my own writing, and the 12th Aug., 24l. on four rolls, is mine also—there is a second transaction on 12th Aug. of 30l. on four rolls of silk, also in my writing—the fourth transaction on 15th is in my writing, it is 35l. on four rolls of silk—neither of the transactions on 4th Sept. are is my writing—I was from town then—the 15th Oct. sixteen remnants of umbrella-silk, 45l., is my writing, and the same day, four rolls of silk, 31l., is my writing—the 18th is not in my writing—on 20th I find five rolls of silk, 30l., and on 4th Nov. eight remnants of silk, 45l., both in my writing—that is the last transaction I bad with them—(the witness Moss was here catted in)—that is the person who brought the goods.
Cross-examined by MR. CLARKSON. Q. Were there 900l.-worth in value of these goods redeemed? A. I should think rather more than that.
MR. STANSFIELD re-examined. I have gone through the bankrupt's books, and ascertained the balance at the end of each month—the balance at the end of Oct., 1850, was 12l. 19s. 2d. in favour of the bankrupts—at the end of Nov., 845l. 5s. 11d.; at the end of Dec, 190l. 6s. 1d.: Jan., 329l. 16s. 9d.; Feb., 203l. 0s. 11d., all in their favour—at the end of March the account changes, and there is a balance of 102l. 0s. 6d. in the favour of Ellis and Everington—at the end of April, 249l. 14s. 2d.; May, 315l. 8s. 5d.; June, 321l. 17s. 8d.; July, 319l. 8s. 5d.; Aug., 267l. 4s. 5d.; Sept., 199l. 2s. 10d.; Oct., 562l. 7s. 1d., all in favour of Ellis and Everington—the bankrupts' debt to Ellis and Everington is entered in their balance sheet at 511l. 1s. 5d., and on going through the books we made in 562l. 11s. 1d.
CHARLES CORSBY . I am shopman to Messrs. Muncaster and Were a—(referring to his book)—on 12th Sept., 1851, I find an entry in my own writing of four rolls of silk deposited for 30l., by Moss, and on the same day four more rolls for the same amount—on 26th Sept., two gold watches and chains for 26l.; and on 29th Sept., six remnants of silk, 30l.—none of those have been redeemed except the watches.
MR. WARRE re-examined. These things were pledged, in the name of Moss Davids, not Moss—he described himself as John Moss, agent for Moss Davids.
MR. BALLANTIENE to ABRAHAM JOHN MOSS. Q. How came you to say "Agent for Moss Davids?" A. I did not say, "Agent for Moss Davids;" I once pledged something for Mr. Davids, some time ago, and Mr. Warre said he knew Mr. Davids, and, not thinking it made any difference, I pledged these in Mr. David's name; that was the reason—I used to redeem them as well as pledge them.
NOT GUILTY .
NEW COURT.—Thursday, Feb. 5th, 1852.
GUILTY . Aged 36.— Confined Six Months.
GUILTY to the uttering. Aged 52.— Confined Twelve Months.
LAWRENCE pleaded GUILTY . Aged 20.— Confined Six Months.
MARK COLEMAN . I arrived at Shadwell on 21st of Jan., in a vessel called the American Eagle—I came on shore between three and four o'clock in the afternoon—I left my box on board in the steerage—it contained all my clothes—there were nine shirts and handkerchiefs, and other articles—I remained on shore all night—I went on board next morning, at nine o'clock—I found my box broken open and my clothes gone—the two prisoners were seamen on board the same vessel—I believe they were on board when I went on shore, but I do not know—these are my articles (produced) they are what were left in my box.
HENRY MAI (through an interpreter). I am a seaman, on board the American Eagle. On Wednesday night 21st Jan. I was in bed in the steerage—I saw both the prisoners—Gilligan broke open the box, and then Lawrence went with a candle down where the anchors were—Galligan could not see me, for I was in the dark and he was in the light, but he knew I was in bed—
while Galligan was breaking the box there was one other person there—I could not see who it was—they both went on deck together.
Galligan. Q. Did you see me there? A. Yes.
JOSIAH CHAPLIN (policeman, 124 H). The two prisoners and another were given in my custody, on board the American Eagle—I told them they were charged with breaking open the box of a passenger—Galligan said he was in bed at the time; Lawrence made no reply—I have a knife which was given me by a witness—I found these articles stowed away in the forecastle of the vessel—a man picked up this broken desk in Shad well basin, and gave it me.
Galligan's Defence. I went to bed and knew nothing about it—the next day the policeman came and took me—I was discharged, and on the Saturday they took me again.
GALLIGAN— GUILTY . Aged 21.— Confined Six Months.
JAMES SHACKLE . I am assistant to Mr. George Attenborough, a pawnbroker—on the morning of 2nd of Jan. the prisoner made application to me about a clock, which had been pawned with me—I had not known him before—he stated that he had lost the ticket of the clock, and he asked for the form of declaration—he stated that his name was John Holmes, and the clock had been pawned by his wife, Ann Holmes, who was since dead—he gave me the date of the ticket, and I ascertained that a clock had been pawned on that day—I gave him the form, and he came back the same day and brought this declaration—I said that a party had applied for the clock by the duplicate, and I gave him the name and the address of the party, Rhoda Chaplin—he did not say anything.
JAMES GLIBBERY . I am an officer, attached to Worship-street Court—this declaration was made before me—I will not be certain that it was by the prisoner—it was by a person resembling him—I believe it to be him—he represented himself as John Holmes, the initials of the Magistrate were put to it—k was signed when it was brought, and the person declared that he had lost the duplicate, and the contents of this paper were true—I wrote my name at the hack after the Magistrate had put his initials to it.
(This paper, being read, was a declaration by John Holmes that on the 1st of Aug. 1851, his wife had pawned a clock at Mr. George Attenborough's, and that the duplicate had been lost or destroyed.)
RHODA CHAPLIN . I am the wife of Henry Chaplin; a carman, we live at 2, North-street, Whitechapel. I have known the prisoner about eighteen months he was a neighbour of mine—he came to me on New Year's day, and said he wanted to sell the duplicate of a clock for 5s.—I said I would give him 4s. for it, and if he could get more not to bring it to me—he went away that night, and came and brought it the next morning before I was up—he waited till I was dressed; be then came up and said he would take the 4s., as he wanted to go in the country—I gave him two half-crowns for the duplicate, and he gave me a shilling in return—I asked him if he would go with me to fetch the clock—he said yes, if I would wait half an hour—I waited an hour, and he did not come—I then went myself to get the clock, and the prisoner had got a declaration, and the pawnbroker stopped the clock—I went off to Worship-street to stop his making the declaration, but I was too late—he came in the evening, and said, "You did not think I was going to sell the clock for 4s."—I went with him to the pawnbroker's—he said he
should demand his clock, at a woman's word was not to be taken; and as he had taken the 4s. I gave him in charge.
Prisoner. Q. What time was it I came to your house in the morning? A. I think between 8 and 9 o'clock—I went to the pawnbroker's about an hour afterwards, and then I went to Worship-street—when you came up stairs I told you I had no money—you walked with me to Whitechapel, and I gave you the money there, two half-crowns—you went into a tobacconist's shop and changed one, and gave me 1s. change—I did not give you that money, for washing which I owed your wife—I never owed you or your wife a farthing—when you gave me the bill I said, "I owe you no money."
COURT. Q. Did he claim anything in the morning? A. No; this was what he said when I gave him to the policeman in the evening—I went to my mother for the money I gave him, and he stopped in Whitechapel-road.
Prisoner. Q. Did I not walk up North-street with you? Yes; that is where I live—you said you were going to get some little things out of pawn, and perhaps there were some would suit me, and I said, "No; do not bring any here.
FRANCES WATERLOW . I am the wife of Thomas Water low, I live in the house with Mrs. Chaplin. On the morning of 2nd Jan. the prisoner came between 8 and 9 o'clock with two knocks; I answered the knocks—he asked for Mrs. Chaplin—I said, "Mrs. Chaplin is not up, deliver your message to me, I will take it to her"—he drew two duplicates out of his pocket, he gave me one, and said, "Take this to her and bring me the 4s."—I took it up to her—I saw the prisoner again that morning, and Mrs. Chaplin went out with him—she returned and said she had got the duplicate.
Prisoner. Q. Did you hear me ask her what she had done with the bill for washing? A. No; when you returned in the evening you said, "She owed me a bill for washing; I got this 4s. out of her this morning to pay the bill due to my wife"—she did not say that she had burned the bill.
COURT. Q. But in the morning, when he sent up the duplicate, did he say anything about any bill? A. No; nor on the day before, when he wanted 5s. for this duplicate—in the evening when he came I said to him, "I am surprised at you"—he said, "You know nothing about it."
SAMUEL EGERTON (policeman, H 193). The prisoner was given into my custody at the pawnbroker's shop—Mrs. Chaplin said, "This man sold me a duplicate for 4s. and then got a declaration"—the prisoner said, "I never sold the duplicate, nor received 4s. from her"—I said I must take him to the, station—when we got out he said, "I did offer to sell it for 5s. and she would not buy it—I went again this morning, and sent the duplicate up to her, and then I went up to her, and she gave me 4s.; but I did not sell the duplicate, I got the 4s. for washing she owed me; I saw the duplicate on the table and took it up, and she must have taken it out of my pocket when I went to wash my hands.
Prisoner's Defence. I went to her house on the Wednesday evening to see if I could get any money for my wife's washing; she began to plead poverty; I had two duplicates in my pocket, and I asked her what it was besides the shirt that was on one of them; I thought it was a shift, and I asked her whether she would buy it or not; she told roe she had sold a clock the other day, and she asked me if I had sold mine; I said no, it was in pawn; she said, "Perhaps I could sell that for you, will you come to-morrow, my mother will then be here, she wants to know where a person lives that lodged with you?"I went at two o'clock, her mother was not there; she said, "My husband told me to offer you 4s. for the ticket of the clock;" I said no.
I would sooner burn it than take that; it was worth 16s. or 18s.; she asked me to come in the morning, and she would go and get some money from her mother that night, or in the morning, and she would pay me part of the money for that bill; she could not pay me all, for the lodger in the front room owed her three weeks, and the other lodger a month; I came away, and went the next morning; I waited while she had her breakfast, and we went down Whitechapel together, and she gave 4s. off the 7s. 2d. that she owed me.
GUILTY . Aged 44.— Confined Six Months.
WILLIAM CAREY . I am an artificial flower maker, in Berwick-street, Sobo. The prisoner was in my employ eight or ten months—his business was to carry the goods into the City—I had regular houses, and by chance other customers—when the prisoner sold goods, it was his duty to bring the money home—he was in the habit of doing so, and giving an account of what he had sold—he was in my employ on 16th and 17th Jan.—on Friday, 16th, he said he had sold the goods he had taken out to a Manchester man—I asked what he had sold them for, and where the check was—he said he had not given him a check, but he bad entered them in his book, and on Saturday morning he was to take more goods—I complained of the price he had sold them at, but I said as the goods were sold I must make the best I could—he had sold four dozen at 15s. and some at 10s.—I reckoned, when the discount was taken off, they would amount to 5l. 1s. or 5l. 2s.—he took two dozen more on Saturday morning at 15s. a dozen—he did not return on the Saturday—I found him with the policeman about 5 or 6 o'clock that Saturday evening.
Prisoner. Previous to this I had been with you twelve months; did I ever wrong you before? Witness. I do not complain that you did—I never allowed you to sell in your own name—I know you sold to Fisher and Watson in your name, but I objected to it—I told you on Friday morning to take these goods, and on Friday at dinner time you told me you had sold them—I asked for the check, which you did not produce—I did not tell you not to sell them to Sugden, as there was a balance of an account there.
WILLIAM WATTS . I am clerk to Messrs. Watts, in Gresham-street. I purchased some artificial flowers of the prosecutor, through the prisoner—he represented himself in Mr. Carey's employ—I purchased some on the Friday and he brought some more on the Saturday morning—I paid him 6l. 17s. on account of Mr. Carey.
NOT GUILTY .
GEORGE SWANSON . When I brought the prisoner to the station, I searched him, and found three bunches of artificial flower seeds on him; and on going to his lodging I found these pincers and two more bunches—these are them.
WILLIAM CAREY . These pincers are mine—they have not been in my place for two months—I missed them, and made great inquiry about them—I spoke to the prisoner about them, and I heard him make great inquiries of my young people about them—I know these artificial flower seeds—part of them have been so long in the house that they have got soiled—the prisoner
had not these to sell—he had no right to take these at all—I used to allow him the key of the place to come to take the boxes, and I missed things, and did not know what became of them.
Prisoner. Q. Have you not given me these pincers to use? Witness. I never denied you anything you asked me for, but I never allowed anything to be taken from my place.
Prisoner's Defence. I use these pincers to work, and when I go down stairs I sometimes forget them, and have to run for them; so I put them into my pocket, and sometimes take them into the City with me; I took these seeds myself, to have them made into a pattern or two.
NOT GUILTY .
MR. M'MAHON conducted the Prosecution.
MART GREEN . I am the wife of William Green, a carpenter; I live at 5, Waterloo-place, Deptford. On Monday, 29th Dec., I left Barking, between 2 and 3 o'clock—I stopped on the road, at a person's house, in North-street—they asked me to have a glass of wine—I accepted it—I had but one glass from the time I left Barking—I reached Whitechapel-road, I think, between 8 and 9—it is seven miles from Barring to Whiteehapel Church—when I reached Whitechapel-road, near the workhouse, the prisoner spoke to me; he said, "Old lady, you seem very tired"—I said, "Yes, I am"—I cannot say whether it was 8 o'clock, or a little more; it could not be so late as 9; I had not noticed the clock at all—the prisoner asked if I had come far that day—I said, "From Barking"—he said, did I live in town—I said, no, I lived at Deptford—he said, "You are not going home to-night?"—I said, "No; I am going to my sister-in-law's, who lives in Barbican; I am going to sleep there to-night, and go home to-morrow"—he said, "If you will come along with me, I will show you the nearest way to it"—I thanked him, and, he seeming a working-looking man, I thought I would go along with him—he said, "I think you are a country-woman of mine"—I understood him to be an Irishman—I said, "Perhaps I am"—he walked on, and I said, "I am rather too tired to keep up with you"—he said, "I will wait for you;" and he walked rather slowly—I had bad feet; I could not walk so fast as he—when we got to Spitalfields Church, he seized me with his left hand, and struck me with his right hand, and knocked out my teeth in the front—he took away my shawl, and searched my pocket, and found 15s. 6d., which was wrapped in a bit of brown paper—he took that away, and hit me again, turned to the left of the Church, and ran off—the second blow knocked me down on the pavement—I cried out, "Murder" and "Robbery!"—a woman picked me up, and a policeman came and took me to the station-house, all over blood—I then made a complaint, and gave a description of what sort of man he was—I did not go to Barbican that night; I was ashamed to go to my sister's—I went back to where the woman gave me the glass of wine—she sheltered me for that night; I sat in a chair—I came up to town again on business about a fortnight afterwards—I was in the neighbourhood of Bishopsgate-street, and I met the prisoner between two other Irishmen—he turned his head on one side—I went on the other side, to see if I could see any policeman—the prisoner went into a building there—I came up on the Monday afterwards, and made an arrangement with a policeman to meet me the next day, about 1 o'clock, next door but one to the building where the prisoner was, at a public-house—the next day I was there about half-past 12—I saw the prisoner
—he came to the bar, and asked for a pot of beer—the landlady would not trust him—he said to one of his fellow-work men, "She did right not to trust me; I never meant to pay her; I might not be here at night"—I spoke to the policeman, and he came and took him—I had an opportunity of seeing his person on 29th Dec. so as to know that it was him; I remarked his features so well, and talked with him so much—I noticed his whiskers—he wore the same dress that he wears now—I had only one glass of wine after I left Barking.
Cross-examined by MR. O'BRIEN. Q. You live at Deptford? A. Yes, at Waterloo-place—my husband is not there—he is in the country, I cannot tell exactly where—I have not beard from him these six months—I believe he is in Devonshire, beyond Plymouth—it may be two years since I saw him—he is transported, but that has nothing to do with me—he was transported from here about two years ago—I heard the prisoner say the landlady did well not to trust him, he never meant to pay her, he was going to leave his job that night—there were two other Irishmen with him—the woman I went to on the night of 29th Dec. is named Allen—I did not bring her here—it was not quite 7 o'clock when I had the glass of wine—I am sure I had but one glass—I bad no spirits of any kind—Mrs. Allen sells private distilled whisky—I said I would not take it, it would not suit me, and she warmed the wine and gave it me—I went there that night, because a person who came up with me from Barking asked me to show them the place—her name is Madden—she asked me to show her the place, because she wanted some private distilled whisky—when I left Barking it was about 3 o'clock—Mrs. Allen had said to me, as I was in the habit of going to Barking, if I knew anybody that wanted the whisky, to send them, and I should be honourably rewarded—I did not take anybody but Madden there that day—I cannot say when I was there before; it might be nine or ten days—I am in the habit of going to Barking every Saturday—I had never brought any one to Allen's before—I refused the whisky because I did hot like it, and I did not like their going on—I saw her buy ducks and stolen tickets and other things, and I wished to get away as soon as I could—I went back there in the evening because I had been ill-used—I remained there till this woman went with her husband to the Jews' market to buy oranges—I waited till she came back—when the policeman took me up, I was taken to the station—I know Wbitechapel Church—I was coming from Whitechapel to Barbican—the way I always went myself was straight on till I got to Aldgate Church—this happened near a pawnbroker's, which was shut up—it was a little more than 9 o'clock—the policeman who picked me up, and the woman who picked me up, are not here.
JOHN MADDOCK (City policeman, 621). I was on duty on 19th Jan.—Mrs. Green came to me, and gave me a description of a person whom she wished to have taken—I agreed to meet her next day near a house that was building in Bishopsgate-street—I told her to be there at 12 o'clock, and she would have an opportunity of seeing the men come to dinner—I went there next day about half-past 12, and she came and told me the man was in the public-house—I went in, and asked what she charged him with—she told me—I asked the prisoner what he had to say, and he said he knew nothing at all about it.
Witnesses for the Defence.
JOHN JENNINGS . I live at 6, Middlesex-place, Somer's-town. The prisoner lodged with me for about three months, up to the time he was taken—he was lodging with me on 29th Dec.—on that night the prisoner and
Stephen Crane came in between 9 and 10 o'clock with two joints of mutton—they stopped a few minutes, and I prepared myself to go to bed—Crane slept with the prisoner that night—I had known the prisoner four or five years—I never saw anything amiss in him.
Cross-examined by MR. M'MAHON. Q. When did the prisoner leave you? A. When he was arrested on this charge—he came to roe early in Nov.—on the Saturday night before that Monday, I saw him in my house when I came home—I do not stop up late—I go to bed about 9 or 10 o'clock on Saturday nights and on other nights—I am obliged to be up early in a morning, and we work on Sundays—I work in a gas-factory—I cannot say what time the prisoner came home on the Saturday night, as I was not them, but I saw him about 8—I cannot say where he was on Monday night, 5th Jan.—I remember perfectly seeing him on the night of 29th Dec.—I cannot remember what time he came home on Monday night, 12th Jan.—I heard of his being taken, on the day after he was tried at Worship-street—I remember his being at home between 9 and 10 on the night of 29th Dec.—he and his mate brought home some mutton, and gave it to my mistress—he had been ill, and was an out-patient—he and his mate gave the old woman a penny each, to make some broth—my wife is here—I have no children—Mr. and Mrs. Garrett were in my house that night, and their child, who is, I believe, about two years and a half old, and three more lodgers besides the prisoner and Crane—some of them went to bed before him, and some after him—Mrs. Garrett was into the room when the prisoner and Crane came in with the mutton—on Monday, 22nd Dec., the prisoner was at my place—he was at work all that week—I cannot say whether he was working on 15th Jan.—he was on the Christmas week and the week after, when he was charged by this woman—on the day after the prisoner had his hearing I heard of his being committed—he sent a note to me, saying he was in trouble—to the best of my recollection, it was three weeks ago next Tuesday, and I sent to Mr. Garrett—it was in the public papers the day after—I saw it in the paper the nest day or the day after.
MR. O'BRIEN. Q. Have you any doubt of his being at home on Monday, 29th Dec.? A. No; and Mrs. Garrett was there.
JULIA GARRETT . I and my husband occupy the top floor at Mr. Jennings's—the prisoner has been living in the same house the last three months—I recollect the Monday night after Christmas day; I was at home that evening—I saw the prisoner between 9 and 10 o'clock that evening—a young man was with him, named Crane—I was in Jennings's room when the prisoner came in—I have no doubt at all of having seen the prisoner that night—I heard of this charge the same night that the prisoner was taken up.
Cross-examined by MR. M'MAHON. Q. Was your husband there that night? A. No; Mr. Jennings was there—the prisoner told his landlady to make some broth—there was a clock in the room—I did not notice it at the time, but it was between 9 and 10 o'clock—it was not more than 5 minutes past 10 when I went into my own room after I left Jennings's room—I stopped in the room after the prisoner and Crane went up to their own room—I do not remember when the prisoner came home on the Tuesday night after or on the Sunday night before—I saw him in the house on the Saturday night before, I think about nine; I cannot say whether I saw him on the Friday night before—I cannot say whether I saw him on Monday night, the 22nd—I cannot say what time he came home on Monday, 6th Jan.—I keep my own place; I do not see who comes in or goes out—I have many times met the prisoner in Jennings's room—I should say I stopped in
that room that night with Mrs. Jennings about a quarter of an hour, and when I went to my own room it was past 10—the prisoner and Crane brought in some mutton that night, and told the landlady to make some broth the next day—they gave her some money, I believe a couple of pence—they did not drink anything in the room; I am sure of that.
----JENNINGS. I am the wife of John Jennings. The prisoner lodged with me and my husband—I remember the Monday after Christmas—the prisoner came home between 5 and 6 o'clock that evening—he went out again after he had had his tea—Stephen Crane went out with him; he sleeps with him—they came back together a little after 9—they came into the room where I was, and brought two breasts of mutton in their hands—they gave me a penny each, and said, "Mother, will you make a drop of broth to-morrow?"—they went up to bed and I saw no more of them—I am quite sure it was the Monday after Christmas that I saw them come in.
Cross-examined by MR. M'MAHON. Q. Was the prisoner at work that week? A. I believe he was at work that day, because I got the breakfast ready for them—it was on Monday—the prisoner had been rather delicate and ailing—he went out to his work that morning—I cannot say whether he had often before brought me home mutton—I do not remember what time be came home on the Sunday night or on the Saturday night, or the Monday night before or the Monday fortnight before—I cannot say what time he came home on the Monday night before he was taken—Mrs. Garrett was in the room that night when the prisoner and Crane came in, and she remained in the room with me till they went to bed—they had nothing to drink in my room.
COURT. Q. Can you tell us what makes you remember the 29th Dec.? A. On that morning some of the men did not go to work, and I made the remark that they did go to work.
STEPHEN CRANE . I am a labourer, and live at Jennings's, in Somers-town. I recollect the Monday after Christmas quite well—the prisoner and I were at work that day at the Great Northern Station—I have been workings a long time there, and I should have been now but I have been detained here—the prisoner and I left work that night at 5 o'clock—we went home to his lodging together; that was the first night I went there to lodge—after we had had tea we went out about Chapel-street—I generally take a walk about Chapel-street—I met my brother John about 7 at the Brill—we went to a public-house in Middlesex-street—we returned home about 9—the prisoner was not out of my sight for five minutes from the, time we left home till we went back—he worked with me on the Monday and the Tuesday, on the travelling engine—he had worked there about five or six months, by what I hear.
Cross-examined by MR. MCMAHON. Q. Had you seen him at work? A. Yes, I had seen him about five weeks before that, and he worked that Monday and Tuesday—I believe he left that work on the Thursday or Friday in the same week, by what I hear—I took no notice of that, plenty of men work there who are discharged—I had known the prisoner five or six weeks before that Monday—we were not intimate friends—I saw he worked there, and that was all—I never slept with him before that night—my brother John was at work at the same place as I was that day—he had been at work in the preceding week at different parts of the work in the same service—the prisoner worked at that station on Monday, 29th—we were loading some stone that day—I worked with him on Tuesday—I cannot exactly say whether I did afterwards—my brother is here—I have lodged at Jennings' since 29th Dec—my brother
has not lodged there—after the prisoner and I had our tea that day we went out, I think about 6 o'clock—we walked about Chapel-street, and up towards the Brill—we went to the King's Head, in Middlesex-street—I had been there before—I cannot say whether I am known there—there was me and Robert Owen, and the prisoner and my brother John, and Garrett and Clay—there were six of us—I think it was near 8 when we left the public-house—a quartern was called for, and three pots of beer were paid for—I think the prisoner paid for one, and my brother paid for two—I had a pipe, I do not know whether the other had—I was sober when I went home, and the prisoner was sober—we did not go straight home, we went up towards Seymour-street, and walked about there—my brother John and Owen parted with us in Chapel-street, and the prisoner and I went to a butcher's and bought some mutton—we took it home, and told the landlady to cook it the next day and make some broth, and the prisoner and I went to bed.
ROBERT OWEN . I am a workman, at the Great Northern Railway. On the Monday after Chistmas-day I saw the prisoner at work at the Great Northern station—I met him that evening at the Brill, and we went to the King's Head and had some beer—I parted with him at a quarter before 9 o'clock, to the best of my opinion.
Cross-examined Q. You are sure it was about 7 o'clock you saw him? A. Yes; I had appointed to meet him there—there was I, and Stephen Crane, and Garrett, and Owen, and Clay in the King's Head—I had known the prisoner two or three months before, working at the Great Northern Railway.
NOT GUILTY .
THIRD COURT.—Thursday, Feb. 5th 1852.
PRESENT—Mr. RECORDER; Mr. Ald. FINNIS, and Mr. Ald. CUBITT.
Before Mr. Recorder and the Eighth Jury.
252. THOMAS HURLY , stealing 42lbs. lead, value 7s.; the property of William Consent Wright and others, fixed to a building.—2nd COUNT, ripping, cutting, and breaking the said lead with intent to steal it—3rd COUNT, stating the lead to be the property of the Regent's Canal Company.
WILLIAM LONE (policeman. K 77). On 23rd Jan., at about a quarter-past ten o'clock, I was on duty in the Regent's Canal Dock, and heard a noise on the roof of a shed—I went on the roof, turned my light on and saw the prisoner pulling the lead from the gutter—he immediately ran along the roof, I pursued him—he dropped off the end, and was taken into custody by Pickering, before I had lost sight of him—I went back to the roof and found three pieces of lead, weighing forty two pounds, separated from the gutter, and one piece of about twenty pounds rolled up, but one end of which was not separated.
DAVID PICKERING (policeman, K 230). I was on duty on this night, on Messrs. Wright's Wharf—heard a noise as though some one was pulling the lead from the roof of the shed—I got Lone's assistance, and remained on the Wharf, whilst be went on the roof—Lone gave an alarm, and I went and met the prisoner coming down off the roof, and took him into custody—I asked him what he had been doing up there—he said some one bad thrown his cap up, and he went up after it.
Prisoner. It was neither of these constables took me. Witness. There was a third constable came up directly, and assisted in taking him to the station.
WILLIAM DIXON BURRELL . I am clerk to Wright, Lloyd, and Co., who lease this shed in the Regent's Canal Dock—the shed is the property of the Regent's Canal Company—Mr. Wrights name is William Consent.
Prisoner's Defence. I was going along with two men, they chucked my cap up, and ran away; I got up to get it, and the policeman took me; there was some one else on the roof of the shed.
WILLIAM LONE re-examined. When I first saw him he was kneeling on one knee pulling the lead in the same place where I found the piece still attached—there were about eight or nine feet of the gutter stripped of the lead, and the lead which I found corresponds with the place.
The prisoner was further charged with having been before convicted.
(policeman, K 212). I produce a certificate (read—Central Criminal Court, June, 1850—Thomas Hurly, convicted of stealing 112lbs. of lead affixed to a building.Confined One Year.) I was present—the prisoner is the man—there was nine hundred weight of lead gone from that building.
GUILTY . Aged 30.— Confined Twelve Months.
OLD COURT.—Friday, February 6th, 1852.
Before the Lord Chief Baron Pollock and the First Jury.
MESSRS. CLERK and O'BRIEN conducted the Prosecution.
SARAH SLATER . I live at 29, Greenfield-street, Commercial-road. On Wednesday, 7th Jan., about 9 o'clock in the morning, I went to the house of Mary Ann Kirwin, 106, New Gravel-lane, Shadwell—I remained all day, and till 1 or 2 on next morning—Mary Ann Kirwin and her servant went to bed, and about 2 in the morning two Spaniards came to the house, and two young women with them—the prisoner is one of the men, the other man was taller and stouter than the prisoner—I did not know the two women—they did not remain with them, they left immediately—I did not hear them speak before they left—I knew the deceased, James Almon—I had seen him about a week before—he was sitting on a chair by the side of the fireplace, in the parlour, when the Spaniards came in, that was the room into which the Spaniards came—Mary Ann Kirwin and Ann Copans were in bed there—a woman named Mary Ann Smith, who lived in the house with the deceased, was there—Margaret Donovan was up stairs, and Emily Willis came up—a man named James Weipperman was up stairs—he came down after the circumstance took place—as soon as the two women who had accompanied the Spaniards went away, the Spaniards spoke together, and the prisoner's companion gave Emily Willis two sixpences, and said, "Drink"—pointing to a glass standing on the drawers—Willis did not go out, but she gave me 1s., and I went and fetched gin and beer, and placed it on the table—the prisoner's companion handed the gin out—he gave me a glass first, which I refused—it was banded to all who were in the room—it was offered to the deceased, but he did not drink any, he moved his hand and shook his head—the Spaniards drank some, and after that they got up and spoke together in their own language—they went into the passage, and remained there not above two minutes—I was in the parlour—the street door and parlour door
were open—I heard some knives open—there had bees no quarrel or disturbance before that—I said, "They are opening knives"—they were standing with their backs against the passage, with the knives In their hands, opposite the parlour door—they had each a knife—the prisoner's companion's knife was larger and broader—they spoke to themselves—the landlady told me to call "Police!"—I was then standing up in the parlour—I went out of the street door and called "Police!"once, and was going to Call again, when the prisoner came and dragged me in by the hair of the head, and held the knife in his other hand—I made a stoop, and got out of his hand into the parlour—it was in the passage that he had me by the hair—I said, "Good gracious, Mary, get out of bed, or they will stab you"—they were then both standing just by the parlour door—Mary Kirwin get out at the foot of the bed, and just as she came into the middle of the room, she was going to open the window—the window looks into the street—the deceased rose from his chair, I think he was going to the drawers, they were both standing against the door, and the prisoner went so, with his knife (striking downwards) and struck it right into Mr. Almon's stomach—he cried out, and fell backwards—he rose again, turned over, and fell down again—he had nothing but a pipe in his hand at the time he was stabbed—the Spaniards ran away directly—I ran after them—I did not see the other one at all afterwards, but I saw the prisoner was turned the corner of Farmer-street—I cried out, "Stop that man, he has just stabbed another," and followed him, when another man joined in the pursuit—I saw him come back with the prisoner.
Cross-examined by MR. BALLANTINE. Q. I understand you to say, that these two foreigners came home with these two strange girls? A. Yes, strange to me; I had never seen them before—they only came just by the parlour door inside—I did not see them very distinctly, because they turned away directly they came in—I am quite sure they were neither Smith nor Willis—I am not a prostitute; I had not long left my situation—I lived at 62, Greenfield-street, two years and a half—I went to this house to see my cousin, Mary Ann Kirwin—I did not know it to be a brothel at that time; I swear that—I first learnt it was one after I came in that night—I had never been there before; I swear that—yes, I had been to the house, but not to stop there before—I knew my cousin was keeping the house, hut did not know it was a brothel—I went there about 9 o'clock in the morning—I had not been out in the Commercial-road at all—after I went to the house at 9 I never left the house at all only for an errand; I did not go out to stop away—I never left the house during that day from 9 till the Spaniards came; I swear that—I did leave it for errands, but not for good—I went two or three times for different things—I had not left the house for two hours before the Spaniards came—I had never seen them before they came into the house—I have not said, "I had seen them that same night before" in answer to a question by Mr. O'Brien—I had not been out either with Smith or Willis that night—I do not know whether the girls who came to the door were street walkers—Smith is an unfortunate girl, I believe, and Willis is the same—I had seen them in the house before—I had not known them above a week—I believe Smith lived with Almon—Willis did not live with any one that I know of—Weipperman lived with Margaret Donovan; he used to be with her in the same house—I bad not known Donovan before—I have told the whole of this story—there was nothing that I saw done to induce the men to draw their knives—I saw nothing done after I brought back the gin; they were only speaking together—I only went out of the house once—Weipperman was up stairs—he came down after Margaret Donovan—I did not see that he
had anything in his hand—I cannot swear he had not a poker; I did not see it—I saw him standing with his back towards the fireplace—I was dragged in, and was rather frightened—I did not see Whipperman with a poker in his hand—I cannot say that he had not a poker in his hand; I did not see it—Kirwin told me to call a policeman—she was in bed with Ann Copas—the Spaniard was not going to bed with Smith that I know of; he might have been—I cannot tell whether he went to bed or not—the street door was open and they walked in—they might have come in to stop with the girls—I do not know what their intention was—people were in the habit of coming in without knocking—I say they might have been going to stop afterwards, but I do not know—they might have been going to stop with the girls in the house; I do not know which it was—the two men were sitting down, and then they got up again—they were talking to Emily Willis and Smith—the prisoner was talking to Emily Willis and the other to Smith—Smith and the other Spaniard did not leave the room together while I was there—it took me some minutes to go for the liquor—they were both in the room when I came back—I did not see Smith and the Spaniard leave the room together after that; I swear that—they were in the parlour when I came back with the drink, and they remained there till they both ran away after they had stabbed the man—there was no quarrel or dispute of any kind—I saw no money, and heard no quarrel about money—I saw no poker in the hands of Weipperman, and nothing in Almon's hand: he had a pipe—I do not think Almon was in bed with Smith at all that night, I do not know—I was in the parlour almost all the time.
Q. Did you see Mary Ann Smith trying to prevent the prisoner from going away? A. Yes; when they were standing up against the door she put her hand up, and he pushed her down between the table and drawers—I do not know what she was trying to do—I thought she was trying to prevent him from using the knife which he had in his hand—she stood up, I do not know what to do, and directly she stood up he put up his hand and she went back in the chair—she had her hand up—she was not between the prisoner and the door—Almon was in front of the door, between the prisoner and the door—Weipperman was with his back towards the fireplace—Willis and Smith were both in the room—Kirwin and Copas were in bed, and Margaret Donovan was sitting on the foot of the bed—Smith was trying to prevent the prisoner from doing something, and Almon was standing before the door; that was when they were calling "Police!"through the window—Smith was not swearing at them at all—I did not hear any bad words used, for I and Mary Ann Kirwin were calling "Police!" out of the window—I was not in the Commercial-road that night—I really do not recollect being there; I cannot swear I was not—I cannot recollect—I think I was in the Commercial-road that night about some clean clothes, but I really cannot recollect—I should have had to go to Mrs. Bagley's, 29, Greenfield-street, for the clothes—I should have to come out of the Highway down Cannon-street, and then into the Commercial-road—it is not very far down the Commercial-road—I really cannot recollect whether I went there that night or not; if I was, I was there and back before the stabbing—I really cannot recollect whether I went for the linen that night or not—if I went it was early in the evening, about 8 o'clock—I did not stop long—this occurred about half past 2 in the morning—I will swear I was not in the Commercial-road at 1; I am certain of that—I was not out of the house or in the streets, no further than next door—I was not out in the street at all at 1—I may have been to Roberts's, the chandler's shop, next door but one, but no further—I cannot say that I did go there—I
sometimes went out on errands for Mr. Almon for tobacco or candles—I did not go out that night very shortly before these men came in—I can recollect now, for I was asleep at the time—I was not quite asleep, but I was dosing, laying my head on my arm—I saw them come in at the parlour door—as soon as I heard footsteps I got up—I was not lying down; I was sitting down—Almon was sitting on a chair, and Emily Willis was in the room—she had been out—I cannot say at what time she came in.
Q. Had Smith been out with her? A. Smith and Willis were out the first part of the evening; they were not the two girls that the Spaniards came in with—I did not see them, they were in the house—Emily Willis was in the parlour—the Spaniards did not come home with them—they spoke to them when they came in—Smith was out at the door, but Willis was in the parlour, when they came in—Smith came in just at the time the Spaniards did—she had been out some two or three hours, I think—I do not know that she came in with the Spaniards; she came in at the same time.
MR. CLERK. Q. Who came in at the same time as Mary Ann Smith and the Spaniards? A. The two young women; I had never seen those two young women before that night—I had to go to the King William to fetch the beer and the gin—I might have been gone ten minutes—I had to knock at the door, and then had to wait some time before I could get served—the house was closed—I saw Smith pushed back in her chair by the prisoner—he and his companion were then close against the parlour door—Almon was then sitting on a chair at the side of the bed—he rose up from the chair when he saw the prisoner and his companion with arms in their hands, but what for I do not know—it was when they had the knives in their hands that the prisoner pushed Smith back in her chair—it was when the drink was being handed out that Almon got to the door—he moved from the fireplace, and sat in a chair by the bed—just before he was stabbed he was standing by the door—he was right before the Spaniards—they were nearer the passage than he was, not further in the room—the Spaniards were nearest the door—the prisoner stood in front of the parlour door, and Almon stood against it—the door was wide open, pushed back into the passage—I did not hear a word said by Almon' to them, and I did not see him do anything—I only saw him standing there, and it was not a minute afterwards that the prisoner stabbed him.
MARY ANN KIRWIN . I did live at 106, New Gravel-lane; I have left it; I lived there at the commencement of Jan.; it is a brothel; I kept the house. I had some girls living in the house—they were Mary Ann Smith, Margaret Donovan, Emily Willis, and Sarah Slater, and Ann Copas, who was the servant—Slater was not a prostitute, nor yet Copas—Slater is my cousin—to the best of my recollection, Slater had been staying at my place about three weeks, since she left her place—I let her remain at my place till she got another situation—she had been living at my house three weeks prior to 8th Jan.—she slept there every night, in the same bed with me and Copas—I knew James Almon, he was a seafaring man—he came to my house on the Sunday night as this happened on the Thursday—he boarded at Mr. Bell's boarding house, but came to my house to sleep with Smith each night—on Thursday morning, 8th Jan!, about 2 o'clock, I was in bed with Copas—Mary Ann Smith, Slater, and Willis, were in the room, and Margaret Donovan came down into the room—I remember the time of the two foreigners coming into the house—I was then in bed with Copas—Slater was sitting on a stool close to the fireplace—Emily Willis was sitting on the side of the bed—Almon was sitting on the left hand side of the fireplace, and Smith was sitting opposite him—there was no other person in the room at the time the
two Spaniards came in—I did not see them come in till I beard the two young girls come into the parlour along with them—I saw the girls who came into the parlour with them—I did not know them; neither of them were any of my girls—they wanted beds for the night—I said I had none; my beds were all engaged; I had only beds for my own lodgers—upon that the two girls went away—the Spaniards still stopped there—seeing other girls in the room, they were laughing at them—that was in the parlour—there were two candles burning on the table—one of the Spaniards, the one that is not here, took a candle off the table, turned round to the drawers, and took a glass off the drawers, and made motions to his mouth that he wanted something to drink—he gave Emily Willis two sixpences—she gave them to Slater, and Slater went and fetched half a pint of gin and a pot of beer—after she was gone, the prisoner's companion went up stairs with Smith—the prisoner still remained in the parlour, talking to Emily Willis, by the side of the bed—Smith and the Spaniard were up stairs about three minutes, to the best of my recollection—nothing passed in the parlour after they left the room, further than the prisoner's speaking to Emily Willis, and the liquor and beer was placed on the parlour table, and the prisoner went up stairs to Mary Ann Smith—he was not above a minute up stairs before they came down—what was said up stairs, or what passed between them, I cannot say—he came down first, I believe, and his companion and Mary Ann Smith came down afterwards—Sarah Slater bad returned with the drink at this time, and it was standing on the table—there was no appearance of displeasure or anger at the time they came down stairs—they began to serve the gin out—it was handed all round to the persons who were in the room—we all partook of it, all but James Almon; he would not take the glass—it was offered to him by the prisoner's companion—he was a much taller man than the prisoner—Almon refused it, and the Spaniard turned the glass upside down on the table, and spilled what was in it on the table—it was a glass without a foot to it—he did it intentionally—Almon was then sitting in a chair by the parlour fire, where he first remained.
Q. Could you observe whether any displeasure was expressed by either of the Spaniards at the time Almon refused the gin? A. Yes; the prisoner was sitting on a chair by the bedside, and he got up and stamped his foot at the parlour door, and they both went out and said a word or two to themselves in their Own language—I could not hear in what tone of voice they spoke, he seemed quite angry, he stamped his foot several times—to the best of my recollection they were talking in the passage outside the door about three minutes—at the lime the drink was handed round, Margaret Donovan was sitting on the side of the bed, she had come down stairs—after the Spaniards had been out in the passage they drew their knives, each of them opened a knife—Slater hallooed to me, and said, "Mary Ann, those men are opening their knives"—I said, "You run out of the door and get a policeman"—she went to the door, and she was pulled in by her hair, and thrown light into the middle of the room, I do not know by which of the Spaniards, I was in such a confusion; I was still in bed—the prisoner then came to the side of the bed, threw the bed curtain on one side, and held his knife over me—Slater said, "Mary, Mary, get out of bed, he has got his knife over you, get out of bed or else you will be stabbed, and I got out of bed and creeped down by the side of the wall—I saw something in his hand, but he held it with the blade down so, Almon was still sitting by the fire in the same chair where he had been all along, be never moved off it at all; he had a small cane in his hand, and he kept burning it in the fire, playing with it,
and never turned his head round to notice what anybody was doing in the room—when I got out of bed, I ran and threw open my window, and before I got to it to open it, Almon got up to go to the drawers to get a pipe off, and before I had time to get to the window, the prisoner stabbed Almon, just by the side of the bed—I did not see what he stabbed him with—the bed comes close up to the door, the foot of the bedstead comes over the doorway—he was not quite a yard from the door at the time he was stabbed—the prisoner stood on his left, and the other on his right—they were a deal nearer to the door than Almon—the drawers stand against the wall, about half a yard from the door—it is a small room—there had not been any quarrelling in my room that night, not a word occurred from any one of the parties—I did not hear the Spaniards talk at all in English to anybody—the prisoner was romancing in his talk to Emily Willis—I could not understand it, she was laughing—she can talk German, and she kept talking a few words in her language, (German), but I do not think he could understand it—after Almon was stabbed he fell to the ground—I ran immediately to the window and pulled the Venetian blind down, and threw open the shutters—the prisoner's companion was nearest to the door, he ran first and the prisoner ran afterwards—Almon was taken from my house to the hospital—I did not go to the hospital to see him.
Cross-examined. Q. Did Sarah Slater go for some linen that night? A. No; not that I am aware of—some people outside gave in two linen aprons through the window—Slater was not sent out for any linen that I know of—I was in bed very soon that night, I dare say at half past 10 o'clock—I was awake at this time—I do not know that Slater went out at all that night—Mary Ann Smith was sitting in the parlour when the Spaniards came in—she had been sitting there about an hour—I had seen her, and been talking to her for an hour before, I will not be positive for a few minutes—I did not know either of the girls who came in with the Spaniards—when they came in Smith was sitting down by the side of the drawers, not far from the door—the drawers are about a yard long, and she was sitting in a chair just against the side of them—she had both her bonnet and shawl on—she had been sitting there, as near as I can tell, pretty near an hour—Slater was sitting on a chair by the fire, doing nothing—the two girls who came in with the Spaniards came against the threshold of the door, they did not come right in as I told them I had no beds for them—Almon had been sleeping with Smith for some time before—she left her former lodging, and came to my place—I have kept this brothel going on for three years—during that time I have not been in any trouble about my place; I have been in trouble, but not on account of that—the last time I was in trouble was last April—I was charged with felony, with robbing a man, not in my brothel, in the same lane, but not in my own brothel—I got six months—I was not tried at this place, somewhere in Clerk en well—I was in company with another female when I robbed the man—it was Elizabeth Donovan—that is not the person who is living with me now, nor any relation of hers—Elizabeth Donovan was not tried with me, nor was any man tried with me—I was charged with stealing six sovereigns—the man I robbed was not hurt, he did not complain of being hurt—I came out of prison in April, I had been in six months—I have not been in trouble since April, I have had warrants out forme for assaults—two, not more; I paid the fines, 10s. and 12s.—it was for assaulting Sarah Foreman, a brothel keeper, the same as myself; she broke my windows, and I assaulted her—it was both times for assaulting her—she assaulted me and I
assaulted her—that is the only thing since April—I was not tried on any other occasion, except in April, not since April—before that I was, eight years ago, that was the first time, that was on a charge of a gentleman's watch—I had six months for that, it was a charge of robbery—that was in the City—I was then on the streets—those are the only times; I was never convicted only those times—I have been in prison for assaults and rows, and that like, I am sure I cannot tell you how many times.
EMILY WILLIS . On Thursday, 8th Jan., I was lodging with Mary Ann Kirwin, at 106, New Gravel-lane. Early that morning the prisoner and another man came there with two girls—I had not known either of them before—I was standing at the door when they came in—there were a great many in the room—Mary Ann Kirwin, Ann Copas, Margaret Donovan, Mary Ann Smith, a German, and Sarah Slater—Almon was sitting by the fireplace in the same room—he was sitting there when they came in—the two girls asked for a bed—mistress told them she had no beds, and the two girls left the house directly—the prisoner and the other man remained—the other man gave me two sixpences to get some drink—I gave them to Slater, and she brought in the drink—the prisoner's companion went up stairs with Smith—he was not up there many minutes—the prisoner went up stairs after him, and they came down together, and Smith with them—they then poured the drink out, and we all drank except Almon—he refused taking the glass—I did not hear a word said by him or any one else at the time—Almon got up and offered the prisoner's companion a chair—he refused taking it—he said, "No," and nodded his head—I could not understand what they said, because they spoke in their own language—they then went out into the passage, and opened their knives—I could see into the passage—the room and the passage is very nearly in one—they were not many minutes in the passage—I think about five or ten minutes—I could not say how long, for I was so frightened—they then came into the parlour with the knives opened—Mary Ann Kirwin was in bed with Ann Copas—the prisoner held the bed curtains up, and held the knife over Kirwin—Slater said, "For God's sake get out of bed or you will be stabbed," and Mrs. Kirwin got out at the foot of the bed and said to Slater, "Go for a policeman, for they mean some mischief"—she went to go for a policeman, and the prisoner took her by the hair of her head, dragged her in, and held the knife over her—Almon was in the room when this took place—he did not do anything, he was a sky-larking with Mary Ann Smith for the cane—he got up from his chair to get his pipe from off the drawers, and the prisoner stabbed him, and he immediately fell.
Q. Had there been any previous quarrelling between Almon and the prisoner, or his companion? A. No, there were no words, not in the least: to the best of my belief they were strangers to one another.
Cross-examined. Q. The sky-larking, as you call it, was between Mary Ann Smith and Almon? A. Yes; he had the cane, and was playing with it—the cane is not here—I have seen it since—it is burnt at the end—I believe they have got it at the house—it was not a cane that was occasionally used as a poker—he was playing with it in the fire, and larking with Mary Ann—Mary Ann had been up stairs to go to bed with the Spaniard, but he would not pay her beforehand—the prisoner asked me to go to bed with him, but I would not, for I was very ill; I had been very bad in the house for about two hours before—we did not go into the back room together—I did not move out of the front room—he asked me to go to bed with him—he could speak a little—he said, "Bed"—that was while his companion was up
stairs—there was not, to my knowledge, any row or disturbance when his companion refused to pay beforehand—I did not hear any.
Q. Why, if a man came in with one of you girls, and Mrs. Kirwin was there, would you let him go out without paying? A. Let him go out without paying! certainly, the man could walk out, I could not hinder him, I should not try.
Q. Do you mean to say you were not all trying to prevent him from going out before he had paid? A. He did not try to go out till he had committed the murder—I did not get any money from either of them, except the shilling—I can swear that—I got that from the prisoner's companion—it was two sixpences—I had my gown off, I was going to my bed, as I was very bad, I had a shawl round me—I did not take my gown off while the prisoner was there, but before—I did not take my shawl off while the prisoner was there—I can swear that—I had my shawl on, and my petticoats on—I say that Almou got up to get his pipe, because I saw him do so—he went to reach his hand over to get at it, as the prisoner stabbed him—I cannot say whether he reached over with the hand that had the cane in it—he had the cane out of his hand then—I swear that.
COURT. Q. The cane was not in his hand then? A. Not then.
MR. BALLANTINE. Q. Will you swear that he put it out of his hand? A. Well, I could not be looking at everything, I was in too much of a tremble—I cannot say whether he was reaching towards the drawers with the cane in his hand—I did not take notice enough to say whether he had the cane in his band or not, I was so frightened.
Q. Had your companion, Smith, been out that night at all? A. Yes, she had been at home a good bit, I should say about an hour and a half—I saw Weipperman there—he came down after Margaret Donovan—that was before Almon was stabbed—I cannot say whether he had a poker in his hand—I believe he took the poker up—he was by the fireplace at the time—that was at about the same time that Almon was reaching his pipe—Weipperman put the poker down again, I believe—I did not see him take the poker at all.
MR. CLERK. Q. About what was the length of the cane that Almon had in his hand? A. it was a long cane—I cannot tell how long it was—as long as a walking-stick—I do not know what thickness it was.
MARY ANN SMITH . On 8th Jan. I was at this house in Gravel-lane—I came home between twelve o'clock and half-past—I saw the two foreigners come to the house with two strange girls—I did not know either of the girls—I was sitting in the parlour on the right hand side of the drawers—there were no beds for the Spaniards—I was sky-larking with Almon—I took his pipe from the table and placed it on the drawers—he was sitting by the fire, by the bedstead—he was doing nothing, only speaking—we were playing with one another—I put the pipe on the drawers—he asked me to give it him, and I would not—when the girls left the house the two Spaniards remained about half an hour in the parlour—I saw Slater go out for the drink—while she was gone I went up stairs, and the prisoner's companion followed me up—I went into a bed-room, and he agreed to give me 4s. to stop with me for the night—he offered to pay me the money in the morning—he said, "No, not fore morning"—he could talk better English than the prisoner—I said I would not go to bed with him—the prisoner then came up, and called him—the door was open—they spoke in a foreign language, and we then came down stairs together—the prisoner and his companion were very cross together—I came down to the parlour—I was about ten minutes or a quarter of an hour, at the furthest in the room with the prisoner's companion—no connection had taken
place between me and him—I saw 2s., or 3s. in the prisoner's hand, but do not know who he gave it to—that was just when he sent not for the half-and-half and gin—he pulled it out of his pocket, and I saw it in his hand—when they came down, the prisoner's companion handed the drink round—they showed their displeasure by speaking in their own language—they spoke in a loud tone of voice—the drink was offered to Almon, and he would not take it—I cannot say whether the Spaniards were displeased then, but after Almon had refused to drink, one of them got up off the chair and stamped his foot, and they went towards the parlour-door and into the passage—they then put their hands into their pockets, and took out two knives—I heard the click of the knives opening—I did not hear their voices in the passage—they appeared very angry when they went out—after that I saw the prisoner stand over Mary Ann Kirwin's bed with a knife in his hand—Sarah Slater said, "Mary, Mary, get up or you will be stabbed"—Mary Ann Kirwin got up at the foot of the bed, and Slater went out and called "Police!"and the prisoner dragged her back by the hair of her head, and held the knife over her—I went towards the door to call "Police!"and the prisoner's companion showed me away—at that time Almon was sitting by the fire place—he remained sitting there—he got up to get his pipe off the drawers to smoke again—he got to about half-a-yard from the drawers—he had nothing at all in his hand then—he had a cane in his hand part of the evening, which was lying on the floor, by the side of his chair—I saw the prisoner stab him—Almon had done nothing, no more than he denied to drink with him—I saw Almon at the hospital, on the Thursday and Friday, and after he was dead—I saw his body at the hospital.
Cross-examined. Q. You cohabited with Almon? A. Yes—I lived at 74, New Gravel-lane, before I went there—Almon came to me the Sunday before Christmas, and I had been sleeping with him every night since—I did not share the money I made with him—he lived at his boarding-house, and slept with me—he always paid me of a night—he made no objection to my going up stairs on this night—he never spoke—I believe he knew I was going up stairs with the other man—there is no doubt about it—I believe the prisoner was to have gone with Emily Willis—they were in the parlour conversing together—I was to have 4s.—and I believe she was to have the same—he was to sleep with Willis for the night, and the prisoner with me—I did not see Willis take off any portion of her dress—she was dressed when I went up stairs—she had her gown on, not her bonnet—I saw no bonnet on—when I came down stairs she was in her petticoat—she was standing at the door, when the Spaniards came with the two strange girls—I do not know that she had just come in—she appeared to be standing at the door—she came in at the same time as the others—she had not her bonnet and shawl on then—she sometimes goes out without bonnet or shawl—she came home on this evening about half-past eight, and did not go out again—it was rather late when I came home, between twelve and half-past, and I found Willis at home—she did not go out again—when these people came I was in the parlour sitting on a chair—the gin was sent for about two or three minutes after I got in—I came down just as the gin and half-and-half came in—Slater did not see me go up stairs—she bad not come in—Emily Willis did not come in with these two men—he came in with the two strange girls.
MR. CLERK. Q. Had you seen Emily Willis in the room that morning before you saw her come in when the Spaniards came? A. Yes, site had been out of the room about three or four minutes, I should say—I believe it was the prisoner made the arrangement with her that she was to have the
same sum, 4s., as I was to receive—I did not hear anything said, but his companion said she was to have the some as I had—he told me up stairs—I did not hear anything said by the prisoner to Willis.
MARGARET DONOVAN . On Thursday, 8th Jan., I lodged with Mary Ann Kirwin, 106, Gravel-lane—I came down stairs and found Mrs. Kirwin, Copas, Slater, Smith, Willis, the deceased, and two foreigners, of whom the prisoner was one, in the room—some drink was brought in—as I was sitting on the side of the bed I saw the prisoner's companion handing the drink all round to the persons—he offered it to Almon, and he would not drink—he put the glass on the table again, and spoke to his companion in their language—I could not understand him—they stamped their feet, and began to laugh, and then turned round and spoke again—he caught hold. of the curtains—somebody said to Slater, "Go and call a policeman," and one of them lugged her in by the hair into the room, and he pulled about the curtains, and made a stab at Kirwin as she laid in the bed—Almon said, "Give me my pipe," and as he got up to. get, it the prisoner stabbed him, and he fell down—no provocation had been given to the prisoner or the other by Almon.
Cross-examined. Q. You are on the town? A. Yes; I do not exactly live with Weipperman—he took the poker to stand in his own defence, I suppose—he did not say anything when he took it up—it was in the fireplace, and he turned round and took it up—he did not flourish it about—he had it in his hand at the side of him—he stood right opposite the door, against the fireplace—I did not exactly notice whether Almon had a cane in his hand—I was up stairs sleeping with Weipperman—I came down at 2 o'clock in the morning to get a jug of water to drink—it was merely getting thirsty that made me come down—I stopped down so long that Weipperman came dowe to see where I was—it was not to help me bring up the water, it was to be got from the yard, and I went to the parlour to get a jug—I was not brought down by a row—there was no row or noise, every things was quite quite—I know nothing about where Smith was to have slept with the Spaniard—besides the bed I and Weipperman slept in there was a bed up stairs, and down stairs—I was in the up stairs back room—I do not know whether Smith was up stairs—I did not hear or see her—I had no petticoats on when I came down, only my frock, and that was not fastened—there are four rooms and a kitchen in the house—there are two rooms up stairs, one front and one back, and the same down stairs—I was in the up stairs back room.
MR. BALLANTINE to MARY ANN SMITH. Q. Which room; were you to have gone into with the Spaniard? A. The. front room—I was in that room Weipperman did not get up to let us have his bed.
JOHN WEIPERMAN . I am a German, and am a sugar-bake; I live in Ratcliffe-highway. On Thursday morning, 8th Jan., I was at Mrs. Kirwin's house, New Gravel-lane—I went up into the back room with Margaret Donovan—I was going to stay there all night—I had sometimes slept at that house before—I do not sleep there every night—I cannot say how often I slept there—I had other lodgings—Margaret Donovan left the room to get some water—I cannot say what time that was, as I had not my, watch with me—I did not know where she had gone to, and went down after her—I found two Spaniards in the passage—they were not doing anything—I saw nothing in their hands then—they were talking together in Spanish—I cannot say whether gently or loudly, but they were laughing, I think—I went into the parlour, and Almou was sitting on a chair—I sat down for three minutes, and the Spaniards came before the door—each had a knife in his hand—I
got up and stood close to the fireplace—I lifted up the poker which was standing on one side, and put it on the other side to save myself, because I was frightened of their coming into the room—I put the poker in the corner—Almon got up off his chair and went towards the drawers—he had nothing in his hands—the man stabbed him with the knife—he fell down, and I ran to him—at the time he was stabbed, the poker was standing at the fireplace—Almon and the Spaniards had had no words together—I had no words with either of the Spaniards.
Cross-examined. Q. You knew that Margaret Donovan was gone for the water? A. Yes, she told me she was going down for it, but she might have run away—I was not afraid of her running away, she could not do so in her shift, conveniently—I did not notice whether she went down in her shift—I did not think she would run away if I did not go down after her—I did say she might have run away—I cannot speak so much English as to explain that—I went down stairs because I wanted to have something to drink, and she was a little time down stairs—as I wanted something to drink I went down after her, that is true—I heard no row—when I took up the poker I put it down at the other side of the fireplace—I did not go to make any harm with it—I moved it to save myself, so that when he came against me I could help me—I Could not have got it so soon on the other side of the fireplace, as there was a bed in the room—if he was coming near me, I could then get the poker sooner.
ANN COPAS . I am servant to Mary Ann Kirwin. I was sleeping with her on the night between 7th and 8th Jan.—I was awakened by Sarah Slater saying, "For God's sake, Mrs. Kirwin, get op, or you will be stabbed"—I saw the prisoner standing over the bed, with a knife wide open, over Mrs. Kirwin, taking up the curtains—she got up, ran to the window, and called "Police!"and then the prisoner stabbed James Almon—he fell—I had heard no provocation of any sort between Almon and the prisoner.
SAMUEL JOSEPH BIRT . I am resident medical man at the London Hospital. Mr. Osborn Johnson, the house-surgeon, is suffering from fever, and is not able to attend—I was asked by Mr. Wood, one of the surgeons of the hospital, to see the deceased, and give my opinion on the stethoscope view of his case—I did not see him dead—I saw him in a dying state—I did not attend the post-mortem—there is no question he died from a wound in the abdomen—I have ho doubt that when I saw him in a dying state it was from that wound.
The deposition of John Almon was read as follows: "I was at a boarding-house at New Gravel-lane last night, when the prisoner and another came in; the prisoner's companion sent for a pot of beer; I saw the prisoner with a knife in his hand, and he and his companion were standing at the door; I was sitting on a chair, and got up to let the prisoner and his companion sit down; I had no words at all with him; and just as I got up he ran his knife into my belly; I bled very freely, and a doctor was sent for; the knife the
prisoner had was such as this (produced); I am certain the prisoner is the man; they both ran away; the prisoner's companion was rather taller and stouter; two candles were burning on the table when the prisoner rushed forward to stab me; his companion was standing at the doorway, about a yard and a half off."
(Thomas Mummery, coffeehouse keeper, with whom the prisoner had lodged for sixteen days, deposed to his character.)
GUILTY of Manslaughter. Aged 30.— Confined Twelve Months.
NEW COURT.—Friday, Feb. 6th, 1852.
Before Mr. Justice Erle and the Fifth Jury.
MR. BOOTHBY conducted the Prosecution.
WILLIAM HATHAWAY . I am a French polisher, and live at 9, Phcenix-place, Somers-town. The prisoner lodged at my house between three and four months, she had two children, a boy aged seven years, and a girl about nine months, which was called Emily Harriet—on the night of 8th Dec., the prisoner went out at about a quarter before 9 o'clock, with a female companion—I went into the street, and followed them into Chapel-street, where they picked up a man, and I watched them to the church way; I then returned home, and obtained the assistance of Pearce, 149 S—we went into the prisoner's room, the door of which was not locked, and there found the two children—the infant was lying on a bundle of dirty rags on the hearth, with nothing to cover it but the frock it had on, and an old cape attached to its body—there was no fire, but there was about a quarter of a cwt. of coals in the room; it was a very cold night—there were children's clothes in the room, such things as hoods, frocks., petticoats, worsted gaiters and caps, they would have been produced here, but they were too filthy to bring—these was some bread and dripping in the room—the boy was in one corner of the room, on an old flock bed with nothing to cover it but his own clothes, and both the children were covered with vermin—the prisoner did not return till 10 next morning—I had noticed before that the prisoner was in the habit of leaving the children, but had never before had an opportunity of getting into the room—the prisoner went out to work generally two or three days a week—I have noticed her go out at various times—I worked in the next room, and have frequently been at work till 3 in the morning, and she has not been home then—she generally went out about 8 or 9—I am not aware that any person was left in charge of the children when she went out, I never saw any one—I never saw her take the children out with her when she went out—about a week before this, I had applied at the prisoner's door for some rent, and I then said to bar, "Mrs. White, it is quite time we should part; if you do not get out of my place as soon as you can, I will bring down the law upon you for starving the child," and I was grinned at, and laughed at, and dared to do my best and my worst—on finding the child in this state, I carried it to the poor-house, Pearce went with me.
Cross-examined by MR. B'BRIEN. Q. What room did she occupy? A. The front parlour—she was in my debt—her rent went 2s. 3d. a week—she worked
at washing and charring, and when she was at work she came home about 9 or 10 o'clock—I was never in her room before this time—I do not know whether she left any one when she was out, but I was always on the listen—I occupy the back parlour and first floor front, I work in the back parlour—I cannot swear that she left no one there when she went out—when she was charring she went out at half-past 6, I used to call her myself—I do not know whether the prisoner had any covering for the bed, when she came I did not see any, the bed came in all rolled up—I do not know that she had to part with her furniture from time to time for food—I did not see any of it go out—I did not see a small box go out on the night before this, or any time before—there was a box in the room when I went about the rent on 1st Dec, and it was still there on the 8th—on 8th Dec. there were four chairs, a table, a box, a teakettle, a fender, a pair of tongs, a few ornaments, and a flock bed in the room—I am taking care of them now—I had seen the infant before this, out in the court in the boy's arms on a pouring wet day with nothing to cover it—it was not a large cape the infant had on on this night, it was thrown over it, attached to its frock—it was the usual sized cape for a woman's gown—it was merely placed over the child, the child was not wrapped up in it—it was made of a kind of merino, and I believe the child's frock was cotton—when I said I would bring down the law upon her, she said, "What do you mean by that?"—I said, "I mean what I say, I mean that I will bring down the law upon you for starving that child," and she said I might do my best and worst—I might have said when I gave an account of this before, that she smiled and made no reply—this is my signature to my deposition, it was read over to me before I signed it—(this being read, stated, "I threatened to bring down the law upon her in respect to the youngest child—she said, What do you mean?—I said I meant that she was starving the child; she made no reply but smiled")—there was nearly a month's rent owing to me on 1st Dec.
MR. BOOTHBY. Q. Before you gave that evidence had you also been before the Coroner at the inquest? A. Yes.
GEORGE PEARCE (policeman, S 149). On the night of 8th of Dec, I accompanied the last witness to a room in his house, occupied by the prisoner—I saw the child lying on the hearth—its clothes appeared to be very filthy, but I cannot say whether there were any vermin or not—Hathaway took it to the workhouse, and I went with him.
Cross-examined. Q. Did you go into the room with Hathaway? A. Yes; there was a great appearance of poverty, and distress—there was no bedstead—the child was lying on a bundle of rags, and a bit of a cape over it—it was very thinly clad.
COURT. Q. Have you had occasion in the course of your duty to go into rooms where the inmates were as poor as these appeared to be? A. I cannot say that I have.
HENRY CHARLES ROBINSON . I am the surgeon of St. Pacer as' Workhouse and Infirmary—I was at the workhouse when this child was brought there on the night of 8th Dec.—I examined it and found it in a very dirty, filthy, and emaciated state—it was covered with vermin, and was labouring under disease of the mesenteric glands, which are glands in the lining of the abdomen, and have considerable influence on the digestion—the disease of these glands would cause the emaciated state of the child—from the state in which I saw the child, I attribute the disease to neglect, and want of proper food—want of cleanliness is a proof of neglect—the child was properly takes care of, all the vermin entirely removed, and in two or three days it appeared to have somewhat improved, but it died on 18th—I did not from the first anticipate its recovery—I opened the body after death, and then found the
mesenteric disease, and an effusion of serum in the pericardium, or bag of the heart—there had been no disease of the heart till immediately preceding death—there always is a trifling effusion in the pericardium, before death—the state of disease I found must have resulted from neglect, and want of care, and that must have continued for some considerable time.
Cross-examined. Q. if I understand you, you consider the effusion of serum to have resulted from the mesenteric disease? A. Yes, it can exist of itself without other disease.
COURT. Q. The effusion of serum is almost in the act of death? A. Yes—in this case I consider it the result of the disease—it existed in this case for a few hours before death—it is also a substantive disease, independent of other diseases—there was no sign in this case of a co-existing disease of the heart—this must have been in consequence of the disease.
MR. O'BRIEN. Q. Have you much experience among the children of the poor? A. Yes; mesenteric disease is one of the commonest forms of disease among them, however carefully they may be attended to—it arises from a variety of causes—obstructed dentition is one cause—it is not usual for children to have mesenteric disease where there is a good breast of milk; but in a child brought up from the first or second month by hand, it is very likely to arise—the principal causes of it are bad air, or cold, or insufficient, or im-proper food—it arises from all depressing influences.
MR. BOOTHBY. Q. Is it common in children of this age, where there is a sufficiency of food and proper care, cleanliness and warmth? A. Not where it has been attended to.
COURT. Q. Is it a disease often met with in every class of society? A. It is occasionally met with in children of any class—it has a transmissible tendency from unhealthy parents.
SAMUEL WALDERGRAVE . I am resident surgeon at St. Pancras Poor-house—I attended to this child in the course of my duties, but did not see it when it was first brought in—there was not the slightest chance of its recovery from the first—I saw it every day till it died, and took part in the post-mortem examination "from what I saw of the child in life, and from the post-mortem, I can form an opinion of the cause of its death—I concur in the opinion given by Mr. Robinson.
JURY to MR. ROBINSON. Q. Can you form any opinion as to how long the child had had any food before it was brought to you? A. No; it was awake when I first saw it, but it appears it slept for two hours after.
MR. O'BRIEN called
HARRIETT STRANGWELL . I am servant to Mr. Benbow's, 5, St. Paul's-road, Camden-town. The prisoner was in the habit of coming to my mistress's once every week, charring, once in three weeks to wash, and oftener if she was wanted—I have been to her lodging several times, and have seen her children—I have always seen her treat them kindly—she was very poor, very badly off, and very destitute; she has not a friend in the world to relieve her—I have sometimes heard her say that she has not broken her fast for a day or two days, and had no food for her children, and I have sometimes given her food which my mistress has told me to save for her against the days she came—I have lent her money myself, to keep her from starving—on the Friday before she was taken, she was at work at our place, and I called on her the same day, and she told me she had just sold a box for 10d., and she was having some food and feeding her children—I told her it was very foolish, because I would have lent her money—she has told me she was very vexed to see the child who is dead looking so bad, and she said she could not tell the reason of it—I knew the child from its birth; I saw it the day it was
born—it was a very poor delicate child when it was born, and it has been wasting since, and always crying and moaning as if in pain—she was not able to nurse it herself, she had no milk for it after it was three weeks or a month old—she used to feed it with bread and milk, or whatever she could get for it—she has worked for my mistress nearly four years, and her mother, who died in June or July, worked for her as well—she had 1s. 6d. for charring, and 2s. for washing, and her food.
Cross-examined by MR. BOOTHBY. Q. Do you know of her charring at other places? A. Yes, I know she had more than one other place, but I cannot say how many—she has not had places lately.
COURT. Q. Do you know the boy? A. Yes; he is about seven years old—he is tolerably healthy—he has his health as well as poor people in general.
MARY ANN MASON . I am married, and live at 12, Upper Fitzroy-place. My husband is a painter and glazier—I have known the prisoner between ten and eleven years—I have frequently been to her place, and she has sometimes lived with me two months together, when my husband has been in the country—her boy was at my place for three weeks—he is not at all healthy—the prisoner was always kind and affectionate to her children—she was very badly off indeed, in the greatest of poverty—on the night of 8th Dec. she came to stop with me, because she had a bad leg—her mother died is July, and since then she has been worse off—I did not see much of her after that till she came to me about a fortnight before I was laid up, which is now two months ago.
Cross-examined. Q. How old was the boy when he was three weeks with you? A. I believe it was a year and a half ago—I did not see much of the prisoner from that time until I was laid up.
ELLEN LOUISA DWYER . I am married—my husband is a furnisher and cutler—we live at 30, Brewer-street. I have known the prisoner about two years, and have been to her place twice—about a fortnight before the baby died, I met her in the street, and she told me the baby was very ill, and wished me to go and see it, and she said she did not think it would live—I went two or three days after, and it was very bad—she had it in her arms, trying to quiet it—it was crying and moaning very much, and seemed to be in great agony—the prisoner was very much affected, shedding tears, and fondling the child to her—I did not see it after that.
NOT GUILTY .
Before Mr. Common Serjeant.
GUILTY . Aged 18.— Confined Six Months.
MR. POLAND conducted the Prosecution.
JAMES BARNES . I am potboy at the Rabbits, at Ilford. On 23rd Jan. the prisoners came in the tap room, between 5 and 6 o'clock—Stevens asked for half a pint of beer—I served him, he gave me a shilling—I took it to the bar and gave it my master, he gave me the change, and I gave it to Stevens—he afterwards asked for a pot of beer—I served him, he gave me a shilling—I took that to the bar and gave it my master, he gave me change, I gave it
to Stevens—he afterwards asked for a pint of ale, he paid for that with a shilling—I took that to the bar to my master, he gave me the change, and I gave it to Stevens—he then asked for a quartern of gin; he gave me a shilling—I took it to my master, and he gave me the change, and I took that to Stevens—I saw the prisoners come into the tap room, one after the other, they began to talk to one another—Osborn afterwards asked for a quartern of gin, he gave me a shilling—I took that to the bar, and gave it my master, be gave me change, and I gave it to Osborn—while they were in the tap room I saw Osborn pass a shilling to Stevens.
Cross-examined by MR. LAWRENCE. Q. What is the name of your house? A. The Three Rabbits, at Little Ilford—I do not know in what county it is—I had never seen the prisoners before—I did not know their names, I have heard them since—Stevens was dressed in a velvet coat, and a little low cap—I do not know how Osborn was dressed, he had got a hat on—I did not take particular notice of them—a good many persons come to our tap room in a day—Ilford is a large village, a good many people live there—there were five or six persons in the tap room—it was rather dark—there was one candle—it is a large room—there are seats round it—after this transaction I saw the prisoners at the Bench at Ilford.
MR. POLAND. Q. What did you do with the shilling you took from Osborn? A. I took it to my mistress—when I was serving the prisoners in the tap room, I saw their faces—I have no doubt they are the men.
COURT. Q. What was the change you gave for the half pint of beer? A. Sixpence and 5d.—and for the pot of beer a 6d. and 2d.; for the pint of ale, a 6d. and 3d.; and for the quartern of gin a 6d. and 4d.
JOSEPH WOOD . I am brother to the landlord of the Three Rabbits. I recollect seeing the prisoners in the tap room on 23rd Jan.—Stevens had a velvet coat on, and he was sitting on the seat—Osborn was standing by him—the potboy came to me and gave me a shilling for half a pint of beer; I gave him change—he came to me again and gave me a shilling; he said it was for a pot of porter, I gave him change—he came to me again and gave me another shilling, and I gave him change—he came to me again and gave me a four shilling, and I gave him change for that—I put those shillings into the till—there was other silver there, half-crowns, shillings, and sixpences, I could not say to what amount—Stevens left first;—I then saw Osborn leave—my mother ordered me to go after him, which I did—he told me not to come near him—I saw him take something from his trowsers pocket, and throw it down, about 100 yards from, the Rabbits—I gave both the prisoners into custody—I went back to the place where I saw Osborn throw something down, and found a bag containing three counterfeit coins, and two coins lying outside the bag, wrapped up separately in tissue paper—I put them in the bag, and took them all to the inspector—I received another shilling from Mrs. Othen, which I also gave to the inspector.
Cross-examined. Q. You do not keep the Rabbits? A. No; my brother does—he is not here—he chiefly attends to the house, he was out at that time—it is a roadside house—Little Ilford is not a large village—it is six miles from London—there are a good many persons who work in farm work about there, and they frequent our house—on that evening there were not many persons in our tap room—I think not half a dozen—I had not known Stevens before—I noticed them by looking over the door—when I was before the Bench I pointed out both the prisoners—when I pointed out Stevens he was dressed in a velvet coat and a cap, the same as he was in the tap room—it was dark when I saw the prisoners in the tap room—there was
only one candle—it gave a good light, it was a large candle—Stevens had left the tap room and gone into the yard before Osborn left—I did not follow anybody till Osborn left—he did not stay five minutes after Stevens—I did not follow Osborn till he had got up to Stevens.
COURT. Q. When you saw Osborn he had got to Stevens? A. Yes; they were both together—the officer took them both.
FRANCES OTHEN . My son keeps the Rabbits. I was sitting in the bar on 23rd Jan.—Barnes, the potboy, brought me a shilling—I put it in the till, separate from other money—I saw my son receive four shillings, he put them in the till—I had cleared out the till before we sat down to tea, about 5 o'clock—all I had left in the till was a shilling, five or six sixpences, and a half-crown—after my daughter had taken a shilling I went to the till and took out the shilling which I had put a part—it was not a good one—I gave it to my son to take to the station—I first gave it to my daughter, she bit it, and returned it to me—I then gave it to my son.
Cross-examined. Q. How came you to recollect how much money you left is the till? A. I make it a rule to take the silver out of the till—I have kept that house twenty-one years—it is not a very large house—we have a good many travellers there sometimes, but on Friday evenings we are very slack—it is on the high road to London—there are occasionally a good many persons in the tap-room.
SARAH OTHEN . I am daughter-in-law to the last witness. I was in the bar on 23rd Jan., Osborne asked me for a pennyworth of vinegar, and he gave me a shilling in a piece of thin white paper—I took it to the light, best it, and returned it to him—I told my mother—Osborn then left, and my brother went after him—after my mother had looked at the other shilling—I saw Stevens in the tap-room that night—after the prisoners were taken, I went out with my brother, and saw him find the bag of money—there were three shillings wrapped up in paper in the bag, and two shillings lying outside—one of them was the one that I bad bent—alter my brother had gone to the station, I returned to the Rabbits—I looked in the till, and found four more bad shillings—I took them to the station, and gave them to the officer—I found only one other shilling in the till, beside the four bad ones—there were some sixpences and fourpenny pieces, but no other shilling.
Cross-examined. Q. When was this? A. On Friday evening 23rd Jan., about eight o'clock, or near before eight when I was asked for the vinegar—I saw both the prisoners in the tap room before he asked for the vinegar—I am sure I saw Stevens there—I had never seen him before—he had a velvet coat on—they were swearing about their drink—when they had the quarters of gin they quarrelled a great deal about it, and I looked over into the tap-room to see who they were—there were four or five persons in the tap room, not more, besides the prisoner—I did not know Stevens's name till he was at the Bench.
Osborn. The shilling was not wrapped in paper; I gave you a shilling, you said it was bad; I felt in my pocket and gave you a penny; I said I was willing to be searched, before I went out of the house. Witness. I did not hear that: he drank the vinegar, and gave me a penny—the shilling was wrapped in paper.
WILLIAM VAUGHAN , (policeman K 162). I took the prisoner near the Rabbits, on the Romford-road—I first took Stevens, and handed him over to some civilians who were round—I took Osborn directly afterwards—they were three or four yards off each other—I searched Osborn, and found on him two sixpences and 3 1/2 d. in coppers, all good—I searched Stevens at the
station, and found five sixpences and 1s. 2d. in halfpence, all good—I received these four bad shillings from the last witness.
Cross-examined. Q. What time did you take the prisoner? A. About eight o'clock—I searched Osborne when I took him—it is a general practice to search persons who pass counterfeit coin directly, but I could not search them both directly, they were so violent.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint—these first four shillings are bad, two of them are Victoria, 1845, from the same mould, and two are George the Third, 1817, from the same mould—these other six are all bad, three are George the Third, and are from the same mould as the first two, and three are Victoria, and from the same mould as the second two—five are from one mould, and five from another.
STEVENS— GUILTY . Aged 28.
OSBORN— GUILTY . Aged 28.
Confined Six Months.
GUILTY . Aged. 32.— Confined Four Months.
WILLIAM CARTER . I am a silk printer, of West Ham. On 14th Jan., about two o'clock, I received information—I ran through my shop into my back garden—as I passed through my shop, I noticed my till was drawn out, and was left about half open—I went through my garden into a field called Lady's-well field, and there saw the three prisoners, 150 or 200 yards from my premises, walking together—I had known them all for years—I walked up to them and asked them for my money—they all answered that they had no money, and they did not know what I meant—I took hold of Rogers, and How—I found that Rogers meant to struggle, and I told How he might go if he liked, as I knew him so well, I could take him to-morrow—Mr. Anderson came up, he took Hoban, and told him he might go—Mr. Anderson assisted me with Rogers—going to the station we met an officer, and Rogers looked at me and said "Mr. Carter, will you let me go if I give you your money?"—I said, "No, I will give you in custody"—he put his hand in his pocket took out two half-crowns and two sixpences, which he dropped into my hand—I had had a bowl in my till, and as we were going along Mr. Anderson called out "Hold hard, Carter, there goes your money"—the prisoners were breaking the bowl up, and throwing it away, and Mr. Anderson thought that was the money—he picked up this part of a bowl in the field—I believe this to be mine—I had my money is a bowl like this, and the bowl was gone from the till, and some silver that was in it.
ALEXANDER ANDERSON . On 14th Jan. I was in my garden—I saw Mr. Carter run out of his shop—I followed him to Lady's-well fields—I saw the three prisoners together—Mr. Carter took hold of Rogers; he struggled, and while he was struggling he threw away this part of a bowl behind him, over his shoulder; I picked it up—when the policeman was coming, Rogers begged Mr. Carter to let him go, and he begged me to let him go—I said, I could
not as it was not my property—he said, "Mr. Carter, will you let me go if I give you your money?"—he said, "No; I will give you in custody."
Rogers. I said I would give him some money to let me go. Witness. No; you said, "Your money."
THOMAS CARROLL (policeman, K 221). I went to Lady's-well fields that morning, and saw Rogers in custody of Mr. Carter and Mr. Anderson—I went up, and he was charged with robbing the till—Mr. Carter gave me these two half crowns, and two sixpences, and Mr. Anderson gave me this part of a bowl.
Rogers and Hoban were further charged with having been before convicted.
JOHN SMITH (policeman K 331). I produce two certificates of Rogers' former convictions, and one of Hoban's—(read—Rogers—Convicted Nov, 1849, and confined three months; also, convicted, July 1850, and confined six months; Hoban convicted Nov. 1849, and confined three months)—I was present—the prisoners are the persons.
ROGERS— GUILTY .** Aged 18.— Transported for Seven Years.
HOBAN— GUILTY .†Aged 17.— Confined Twelve Months.
HOW— GUILTY . Aged 18.— Confined Six Months.
Before Mr. Recorder.
HITCHCOCK pleaded GUILTY .—Aged 20.— Confined Six Months.
MR. HORRY conducted the Prosecution.
EDWARD COONEY . I am a shoemaker, and live at 3, Billingsgate-street, Greenwich—I am the tenant of the house. On Monday, 8th Dec, I had a box in my bedroom, containing a coat, a silver watch, a black dress coat, a pair of trowsers, two waistcoats, three silk handkerchiefs, and a pair of gloves, and also a hat in a hat box—I had seen them all safe the evening before—the three prisoners lodged in my house, and Kenner slept in the same room with me, where the box was—the box was locked, and I had the key—about half-past 5 o'clock on the 8th Kenner asked me for the key of my room, to clean himself—I gave him the key, and be gave it me back in about three quarters of an hour, but I did not go up to the room till about 11, when I found the door unlocked, the box open, and missed the articles I have mentioned—they exceed 12l.-worth—on Thursday, 8th Jan., I had some conversation in the shop with Hitchcock about the robbery; when I wrote this memorandum, and he called down Irwin to witness it—(read—"This is to certify that Edward Cooney do agree not to take any proceedings against Samson Kenner, he delivering the watch. Witness, J. Irwin")—I took it to a neighbour, and showed it to him, and in consequence of what he said I returned to Hitchcock, and had some conversation with him, but Irwin was not present—I afterwards saw Kenner in Hitchcock's presence, and Hitchcock said to Kenner, "I have told the truth about the robbery, you will have to give up the watch"—Kenner cried, and said to Hitchcock, "You proposed the robbery, I benefited
nothing by it; I have pawned my coat"—Hitchcock said, "I will give you the money to get it"—Kenner said, "You have not got the money"—Hitch-cock said, "I have"—I asked them where my clothes were, and they both said they were pawned in Lime house—I asked Kenner to get the watch, and he said he would—he said he would not go unless I gave a memorandum not to take any proceedings against him, and I then wrote that paper—he said the watch was buried, and went away with my brother.
Cross-examined by MR. M'MAHON. Q. Had you known Kenner some time? A. Yes; he had lodged in the house eight months—he was an industrious hard working man—I had every confidence in him—he slept in the same room with me after the robbery on 8th Dec. till 7th Jan.—he is in the same trade as me, and worked under me—his connections are respectable—Kenner was in the habit of going up stairs to wash himself—I did not see my room door till 11 o'clock—Kenner said he got none of the money for which the clothes were pawned—I would not take him back into my service—after he gave me back the key, I kept it till 11 in a little drawer.
Irwin. Q. Were you in my room on the evening of the robbery with me, my wife, Hitchcock, and Kenner? A. Yes; I did not tell you I would give you 6d. if you would cut me some patterns; you asked me to let you do so, as you had no work—you did not go down to the shop and do it, and I did not give you 5d.
JOHN COONEY . I am the prosecutor's brother, and live with him. I have heard what he has stated about what took place between Hitchcock and Kenner—it is correct—I went with Kenner on 8th Jan. to the top of Maize-hill, which is near Blackheath—there were two men standing by—we walked up and down till they were gone, and then Kenner went to the bank, removed the mould between the hedges, and pulled out a stocking, tore it open, pulled out a gallipot, in which was this watch wrapped up in wool (produced)—it is my brother's watch.
CHARLES DICKER . I am a pawnbroker, at Commercial terrace, Limehouse. I produce a coat and waistcoat, pledged on 8th Dec. for 6s., in the name of John Hicks—I cannot tell who it was, but it must have been a male—I had no information of it for a month after.
Cross-examined. Q. Did you see the person who pawned them? A. Yes; I cannot say whether it was one of the prisoners—I should think it was in the evening, as the number of the ticket is 272, and we commence in the morning at No. 1.
MR. HORRY. Q. Are you not obliged by Act of Parliament to close before 7 o'clock in the evening? A. Yes; it must have been before 7—there is a ferry-boat from Greenwich to Millwall, and that is two miles from Limehouse—if a person left Greenwich at 6 he could get to our place by 7.
WILLIAM HULL . I live with Mr. Nathan, a pawnbroker, of Limehouse. On 8th Dec. I received in pledge an overcoat, a pair of black trowsers, a waistcoat, and a silk handkerchief, in the name of John Hicks, for thirty shillings.
Cross-examined. Q. About what time was it? A. It was the latter part of the day; it may have been 6, or it may have been 7 o'clock—I do not know the person who pledged them.
COURT. Q. Is there any number on the ticket? A. No. 105; we commence our numbers at the beginning of the month.
JOSIAH TURNER (policeman, R 307). In consequence of information, on 9th Jan. I went with Ralph to Cooney's house, saw Irwin and Hitchcock there, and told them they were charged with breaking open a box, and
stealing a watch and some clothes—Irwin said he could clear himself of the robbery, but Hitchcock said nothing—I did not see Kenner.
HENRY GEORGE RALPH (policeman, R 367). I went with Turner to the prosecutor's on 9th Jan., about a quarter before 12 o'clock in the day, and found Kenner in bed in the room where the box was—I told him I was a police-officer, and that he was charged with breaking open the box, and stealing a silver watch and a quantity of wearing apparel—he said, "If they had been persuaded by me it would not have happened; I persuaded them seven or eight times not to do it; they begged of me to help them, and said, as I had been in the room that night, I should be suspected."
KENNER— GUILTY . Aged 24.— Confined Six Months.
IRWIN— NOT GUILTY .
260. ANN ENGLISH and FREDERICK DAUNCEY , stealing 3 pair, of stays, 10 victories, and other articles, value 11l. 18s.; the goods of Thomas Wilkinson Kershaw, their master: and SUSAN DAUNCEY , feloniously receiving the same: to which
ENGLISH pleaded GUILTY . Aged 23.
FREDERICK DAUNCEY pleaded GUILTY . Aged 19.
Confined Six Months.
MR. PAYNE conducted the Prosecution.
JOHN CARPENTER (policeman, R 38). On 9th Jan. I went to Mr. Kershaw's, linendraper, in London-street, Greenwich—I went up stairs, and found Mr. Kershaw, the prisoner English, and the witness Stanley, there—Mr. Kershaw charged English with stealing some things, and I took her into custody—I searched her boxes, and afterwards went to the prisoner Susan Dauncey's, and told her that her son and the housemaid at Mr. Kershaw's were in custody for robbing him, and that I suspected she had some of the stolen property, and that she must be careful what she said about it, because whatever she said would have to be mentioned before the Magistrate—I told her I had come for all the property brought there by her son and English—she said she would bring me all that had been brought there; her son had brought nothing, but English had brought two or three things—she then got on the bedstead, and took from off the top of it, over the furniture, this box (produced)—I opened the box, and found that it contained these plumes of bonnet feathers, two pieces of braid, eight pieces of ribbon, and some artificial flowers—she also gave me three parasols (produced) two of which she took from a box, and one was hanging up in the room—she said that was all English had brought—I then examined the box from which she had taken the parasols, and found this pair of cuffs, which she said were her own—Miss Stanley, who was present, said, "These cuffs came from our shop"—I said to the prisoner, "You hear what she says?"—the prisoner said, "Well, Ann English gave them to me"—I asked her again whether she had any other property that had been brought by English, and she said, "No"—seeing something in her bosom, I asked what she had there—she said, "Nothing but what belongs to me"—I insisted on seeing what it was, and she pulled out three handkerchiefs, saying, "They are my own"—I examined one, and found on it the name of "Hutchinson"—I said, "That is not your name," and Miss Stanley said, "That is one of the young men in our shop"—I asked the prisoner how she could claim it as hers—she said she was sorry for what she had done, but that it was brought there by English—the three prisoners were all taken to the station—I found some articles in English's box.
Cross-examined by MR. DEARSLEY. Q. When the box was taken from
the top of the bed, was it shut or open? A. Shut, and tied up in this handkerchief—English lived at Mr. Kershaw's, and was housemaid there.
MARTHA STANLEY . I am assistant in the millinery department at Mr. Kershaw's. In consequence of information, I missed things from the show room—I know this bonnet string—I had missed it, and it was found at Susan Dauncey's house—there is our private mark on these flowers, and I speak to the things generally as being part of our stock—they had not been sold—I went with Carpenter to Dauncey's house—I have heard the account he has given; that is correct—I saw the handkerchief produced with "J. Hutchinson" upon it—before that was found she said she had nothing more—hers is a private house—we have missed three or four such handkerchiefs as these other two in the last month or six weeks—I cannot speak to these, as they have been washed—we keep them ready made—we sold none like these to English—other persons than me sell in the shop—the handkerchief with the name on it is of a different sort to the others.
(Susan Dauncey received a good character.)
NOT GUILTY .
261. JOHN GERRARD , unlawfully, on 21st Oct., 1850, putting his right hand into the pocket of a woman whose surname is Mason, but whose Christian name is unknown; with intent to steal her goods.The 2nd, 3rd, and 4th COUNTS varied the manner of laying the charge, and the 5th COUNT was for a conspiracy.
MR. PLATT conducted the Prosecution.
JOHN CARPENTER (police-sergeant, R 38). On 21st Oct., 1850, about half-past 7 o'clock in the evening, I was on duty in plain clothes at Charlton Fair, and saw the prisoner and a man named Hall go into a booth and sit down—the other man took off his gloves—they then came out of the booth and joined a third man named Brindle—I went up the fair after them, and saw Brindle place himself in front of a lady, Hall by her side, and the prisoner behind her, at the side of Hall a little behind him, all close together—I went down on one knee to see what they were doing, and I saw Hall's hand come out of the lady's pocket—they then left and went further up the fair, and when they had got a little further up they placed themselves by another lady in the same position as before—I then saw the prisoner look down between the lady and Hall, apparently to see where Hall's hand was—I kneeled down again, and saw H all's hand come out of that lady's pocket, and they left hurriedly—the lady turned round and gave roe a smack on my face as I was getting up from my knee, and said, "What are you doing at my pocket?"—I had been close behind the prisoners about a yard from the lady—I was alone, but had called the attention of gentlemen to it whom I knew by sight—I then followed them, to the top of the fair, where they placed themselves in the same position again by the side of another lady—they left her in a hurried manner, and went to another part of the fair.
COURT. Q. Why did not you take them into custody? A. I knew one of them to be a thief, and knew they had not committed a felony, as I had asked the ladies whether they bad lost anything, and they said, "No"—we are sent to detect them.
COURT. It cannot be the duty of an officer to see several pockets tried, and not take the parties into custody; you ought to take them at the first attempt. Witness. I could not have taken the three.
MR. PLATT. Q. Did you procure assistance and go after then? A. Yes;
they were taken into custody, and I charged them with stealing three half-crowns from the person of Mrs. Mason—she was the last female I saw them near—they were by her side about half a moment, but I could not see what they were doing—they left hurriedly, and I asked the lady if she had lost anything—when charged at the station the prisoner said, "I know nothing about it; I have not got a half-crown about me."
COURT. Q. How soon did you get any one to assist you? A. In five or ten minutes—I got Ovencien first and Walker afterwards—I searched the prisoner and found on him a sovereign, a sixpence, a farthing, and a duplicate, but no half-crown.
MR. PLATT. Q. Have you succeeded in finding Mrs. Mason? A. No; I left her immediately to follow the men—I have applied at the address she gave, "Bull's-fields, Woolwich," but have not been able to find her—I think I must have misunderstood her—the prisoner was taken before the Magistrate and admitted to bail till the next day, when he did not appear, and I have been in search of him at different times till he was taken—I was present when he was brought to the station in custody by his bail, Mr. Percival, on 9th Jan. last.
Cross-examined by MR. PARRY. Q. Are you in the police now? A. Yes; I did not see a great many people attempting to pick pockets—I took two others into custody for stealing a gentleman's handkerchief—they were not immediately discharged—I was called to take them into custody—I knew nothing about it myself—they were locked up till next day, and then discharged—I did not apologise to them—I had followed them about, but I cannot now say whether I had seen them attempting to pick many pockets—it is now a year and a half ago, and that was settled at the time—there was a great crowd in the fair—it was dark, and the lights from the shows shone in your eyes, and you saw nothing unless you knelt down—the prisoner was admitted to bail on the first occasion, and on the second I saw him in the vicinity of the Court, but he did not appear in Court—the Magistrate does not get to the Woolwich Court until 3 o'clock—he sits both at Greenwich and Woolwich—I am not myself under a cloud now, I fear nothing—there is a charge of perjury against me, made by Lord Ranelagh, which has been before the Magistrate and Grand Jury, and a true bill found, but I do not fear it, I am innocent of it—there is also a cross charge against Lord Ranelagh for an assault—I am a detective officer—I always consider it is more satisfactory to have a case clear against a man—if I saw a man going to knock another down, I should prevent it—if I saw a man attempting to pick your pocket, it would depend upon circumstances whether I stopped him half way; if I knew him to be a thief I should very likely let him do it, but I should not lose sight of him—I spoke to Mr. Curtis in the fair—I had seen him once or twice before at the police-office, but did not know his name—on this occasion he was with a grocer and cheesemonger, who I knew, and from whom I afterwards got his address—I think he is an independent gentleman—I have not seen him above once or twice since.
THOMAS CURTIS . I live at 6, Douglas-place, East Greenwich. I live on my property—I was at Charlton fair on 21st Oct., 1850, and saw Carpenter there—he asked me to assist him in going after some people—I did not see the persons—I was in a booth with my child, and the officer took me by the arm to follow two persons who were there—it is so long ago I almost forget it—I was going out with my child and lost sight of the officer and whoever was with him, and the officer called on me the following morning—I did not see the two persons do anything—I saw them in the booth, or
close to it—I did not see the two persons do anything—I may have seen some females, it is a long time ago—I recollect now that a female slapped Carpenter's face—before that I had been going with Carpenter down the fair—I saw Carpenter first in the booth, but did not know him at the time—he said, "Follow me, I shall have them directly," and I went down the fair with him, following them—the prisoner is one of them—they were attempting to pick pockets—I went with Carpenter to assist to apprehend them, if he thought they were pickpockets—I lost sight of them—I did not see them do anything.
COURT. Q. What do you mean by saying they attempted to pick pockets if you did not see it? A. The officer asked me to follow them, and he should have them directly—I was told they were attempting to pick pockets.
Cross-examined. Q. Did the lady seem very much annoyed when she smacked Carpenter's face? A. Yes; he was kneeling down behind her—I have seen Carpenter several times since, but he is not a companion of mine—I never attempted to apprehend any one before—I was not before the Magistrate at Woolwich, I was at Greenwich on this last occasion—I took notes—I handed them to Mr. Trail the Magistrate at the prisoner's request, and destroyed them myself.
COURT. Q. Were you examined on this matter before the Magistrate? A. Yes; on this last occasion, 16th Jan., I was summoned—the two persons were pointed out to me as pickpockets—I have never said I saw them attempt to pick pockets—this is my deposition—it was read over to me before I signed it.
COURT. Q. (reading—"I saw the two persons that Carpenter was following, attempting to pick the pockets of some females.") Did you say that before the Magistrate? A. I did not see them picking pockets—I saw them go down the fair and come to a woman; they may have been attempting to pick the woman's pocket, because the moment they went away, I saw the sergeant go and ask her if she had lost anything—that is the best way I can explain it.
DAVID OVENDEN (policeman, R 343). I was on duty in plain clothes, at Charlton fair—in consequence of what Carpenter said to me, I went up the fair with him, and saw the prisoner and the other men together—I took Hall into custody, searched him, and found three half-crowns, a sixpence, and fourpence.
THOMAS MAVESTY (policeman, N 215). On 8th Jan. I took the prisoner' at the Eagle tavern, Kingsland-road, and told him he was charged with felony—he did not say anything—Mr. Fercival, one of his bail, was with me—in going to the station, Mr. Percival said to him, "Jack, you have given me a long run"—the prisoner said, "Never mind, Charley, you have caught me now."
MR. PARRY called.
JOHN STONE . I am an accountant and house agent, at 175, Kingsland-road. I have known the prisoner and his family eighteen or twenty years—the prisoner has borne a respectable character; I never heard anything against him before now.
Cross-examined by MR. PLATT. Q. Have you seen much of him lately? A. I have seen him occasionally about the Kingsland-road, during the last eighteen months—until his brother died, two years and a half ago, he was with him, and I was in the same employ—his brother was a merchant, at 51, Lime-street, City—I never heard of the prisoner being charged with picking pockets at Walworth, or of his obtaining goods by false pretences at Corydon—I know of no charge having ever been made against him.
COURT. Q. Did you know that he had fled from his bail? A. No; I
think he has resided in the neighbourhood of the Kingsland-road, because I have met him there occasionally.
EDWARD JOSEPH ABRAHAMS . I am managing clerk to Mr. Begbie of Essex-street, Strand, who is the prisoner's attorney. I have known the prisoner and his family six or seven years; during the whole of that time the prisoner has borne, as far as I know, a respectable honest character—there were other witnesses to his character here yesterday.
Cross-examined. Q. Do I understand you to say, that up to the time of this charge, you had opportunities of seeing him? A. Yes; he lived in Lansdown-terrace with his mother, who is an independent lady—I cannot tell whether he resides there now, I have visited him there—I was in Court when the last witness was examined—I never heard of his being charged with picking pockets at Walworth, or with obtaining timber or pumps on false pretences at Croydon—I only know from the depositions that he was bailed on this case—I was not aware he had fled from his bail; he has called at our house during the interval frequently.
COURT. Q. Where has he been living for the last eighteen months? A. I always understood he lived at his mother's—I do not know Mr. Percival.
MR. PLATT called
CHARLES BURGESS GOFF (police-sergeant, L 8). I was present when the prisoner was charged before the Magistrate with obtaining fourteen pounds' worth of posts and rails, and six pumps, value 18l., at Croydon—he was discharged in consequence of the prosecutor not appearing—I think it was in Oct. 1849.
Cross-examined by MR. PARRY. Q. Was Mr. Sturge the prosecutor? A. Yes; his foreman was there, and gave evidence; there were two charges against him—I had been in search of him for three months.
GEORGE QUINNEAR (policeman, P 1). I apprehended the prisoner twelve or fourteen months ago, on a charge of obtaining 1l. 16s. of a person named Cain, by representing himself as a solicitor, for the purpose of getting a brief; he was also charged in Sept. 1850, at the Walworth police station, with stealing 2s. from the pocket of a female; he was taken before the Magistrate and discharged.
Cross-examined. Q. Was it a woman who charged him? A. Yes; I do not know that she had twenty-one days of imprisonment—I did hear so—the charge of obtaining 1l. 16s. was abandoned.
GUILTY on the Fifth Count. Aged 32.— Confined Three Months.
Before Mr. Recorder.
262. JOHN CLEGG , feloniously forging and uttering a request for the delivery of 3 pairs of half-boots, with intent to defraud; also, unlawfully obtaining 2 pairs of boots; the property of John Reid, by false pretences: to which he pleaded
GUILTY . Aged 37. Confined Six Months.
GUILTY . Aged 27.— Confined Four Months.
Before Mr. Justice Cresswell.
NOT GUILTY .
Before Mr. Recorder.
GUILTY . Aged 34.— Confined Nine Months.
MR. CLERK conducted the Prosecution.
ALFRED BROWN . I keep a public-house in the Blackfriars-road. On the night of 3rd Jan. between ten and eleven o'clock, the prisoner and a woman named Ash came—Ash called for half a quartern of brandy, and tendered 1s. in payment, which I tried and found to be bad—Ash said, "It is a good one, what are you trying it for?"—I said it was a bad one, and ordered my man to call a policeman—my barmaid had called my attention to the prisoner—she was near enough to hear what had passed between me and Ash—when the policeman came I told him, in Williams's presence, that she had offered bad money to my barmaid two or three months before—Williams said nothing to that—I gave the policeman the shilling which Ash had given me—I gave them into custody.
Prisoner. Q. Was I in Ash's company? A. Yes; standing at her elbow, close to her—I should not have given you into custody if she had not been with you.
GEORGE CREEK (policeman, 40 L). I was called to Mr. Brown's, and saw Ash and the other prisoner there—the prisoner was standing talking to Ash—Mr. Brown told me, in the prisoner's presence, that his barmaid had told him she had passed a counterfeit shilling there, some time previously—she did not make any observation, and I took her to the station—she had a basket on her arm in which I found a great number of articles, and this counterfeit shilling (produced) at the bottom.
COURT. Q. What sort of things were in the basket? A. Some ribbon, a small quantity of bacon, some beef, and several little articles, they were loose so that if the shilling was put into the basket it would drop through them.
MR. CLERK. Q. Did Mr. Brown give you another shilling? A. Yes; this is it (produced)—when I told Williams I had found the shilling in her basket, she said I might have daughters of my own some day, and I did not know what might become of them.
Prisoner. I did not say anything of the kind.
Prisoner's Defence. I am an unfortunate girl; I lodged with Mrs. Ash; I went out with her and she asked me to have some brandy; I went into the house with her, and she asked me to hold her basket for her.
GUILTY . Aged 18.— Confined Three Months.
Before Mr. Common Serjeant.
GUILTY . Aged 19.— Confined Four Months.
PRICE pleaded GUILTY . Aged 18.
ROBINSON pleaded GUILTY . Aged 18.
FINNEY pleaded GUILTY . Aged 18.
Confined Twelve Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
WILLIAM SEARS . I am barman at the Black Horse, High-street, Borough. On 21st Jan. the prisoner came about 7 o'clock in the evening for 1 1/2 d.-worth of gin—I served him, and he tendered me a half sovereign—I gave him in change two half crowns, 4s. 6d. in silver, and 4 1/2 d. in copper—I did not look at the half crowns before I gave them to him—they had been through my hands three times, sufficiently to know they were good—the prisoner took the change, and put it in his left hand coat pocket without counting it—in about half a minute afterwards he took it out again and laid it on the counter—a woman came in and called for a pennyworth of gin—she stood close by the prisoner's side—when she was gone, the prisoner said, "Governor, I think this is a bad half crown you have given me"—he showed me a half crown, and I said, "I am positive this is not one that I gave you"—he insisted that it was, and wanted me to search him—he said he had no more money about him, and he said he should not leave the house till he had another half crown—I said I would not give him another, I was positive it was not one that I gave him—he made a good deal of noise—a policeman was passing, and I sent a young man to call him in—the prisoner said the same to the policeman, that I had given him the half crown—the policeman took it up—it was the same half crown—I saw that woman at the station the same night—the prisoner was then in custody.
Cross-examined by MR. PARRY. Q. Do you know whether the prisoner was intoxicated? A. No, he was not—I had not known him before—the prisoner put the half crown to his mouth, and placed it on the counter again—the prisoner took it up, and the other change, and left the house—he was not searched at all.
JOHN BROWN (policeman, A 487). I was called into the Black Horse on 21st Jan.—there was a dispute about some money—I heard what was said—I saw on the counter two half crowns, four shillings, a sixpence, and some halfpence—the prisoner pointed out one of the half crowns to me as being counterfeit—he said the barman gave it him—I bit it, and made four marks on the head side with my teeth—the prisoner said he would summon the landlord, and he took his name down—I saw the half crown at the station afterwards in possession of Watson—I looked to see whether the marks were on it that I had made, and they were—in about three quarters of an hour after I left the Black Horse I saw the prisoner in custody of Watson—I asked him what be bad the prisoner in custody for—he said for trying to ring the changes—I asked what the money was he had been trying to ring—he said half a crown—I said if it was the same half crown I should know it, for he had been trying the same thing at another house, and I had marked the half crown—I went to the station, and described the half crown.
Cross-examined. Q. How did you describe it? A. I told the constable I had made four marks on it with my teeth, on the head side—the prisoner did not ask me to search him when I saw him at the public-house—I did not search him, because after I came in he said he should summons the landlord on the following day.
JANE GOUGH . I am the wife of Jeremiah Gough, who keeps the Catherine Wheel, in Union-street. On 21st Jan. I saw the prisoner at my house, between half past 7 and 8 o'clock in the evening—he asked for 1 1/2 d.-worth of gin, and gave me in payment a half sovereign—I gave him two half crowns, four shillings, a sixpence, a 4d.-piece, and a halfpenny—while I was giving him change, a woman came in, and stood close beside him—she asked for a half
pint of beer—that woman was taken into custody that evening—when I had given the prisoner change, a few minutes elapsed, and he then said, "Mistress, this won't do for me"—I turned round and said, "What do you mean?"—he said, "You have given me a bad half crown; this is a bad half crown"—I said, "Yes, I see it is bad, but it is not one that I gave you"—I said that because I was certain it was not—the prisoner did not agree to that, he asked for another, and I refused to give it him—he said he would have another half-crown, or his half sovereign back again—I sent for my husband, and told him what had taken place—the prisoner was given in charge—the half crown was lying on the counter when the policeman came in—it was given to the policeman, and he marked it.
Cross-examined. Q. Have you said anything about the female coming in before? A. Yes; it was signed on the paper the following day—I do not know how long I had the half crowns that I gave the prisoner—I know go I money from bad—I am quite positive about the two half crowns being good that I gave him—I keep the half crowns and shillings together in the till—I counted out the change and gave it the prisoner—I was particular in looking at the half crowns, because I did not like the appearance of the man.
JEREMIAH GOUGH . I am the husband of the last witness. I was called by my wife on the subject of a half crown—I took the half-crown up from the counter—I did not mark it, but the policeman did in my presence, and he took possession of it—a woman was given into custody at the same time.
GEORGE WATSON (policeman, M 135). I was called to the Catherine Wheel on 21st Jan. a little before 8 o'clock in the evening—the prisoner was there—he said Mrs. Goff had given him a bad half crown in change for a half sovereign—he showed me the half crown—I looked at it and saw it was had—I marked it—the prisoner said he had got no more money about him, and he was quite willing to be searched—I searched him, and found no money of any description—he was given into custody—I put the half crown into my pocket and took the prisoner to the Stone's-end station—in going there I met the officer Brown—he asked me what I had got the prisoner for; I told him for ringing the changes—he asked me what the money was—I told him a half crown piece—he said he had been trying the same game on a short time previous, and that he had marked the half crown—the prisoner said, "As cunning as you are, you have not got me to rights yet"—at the station Brown said he had marked the half crown by biting it—that was before I had shown it him—I produce the half crown—there was a woman taken into custody at the time the prisoner was.
Cross-examined. Q. Did Sears see that woman in custody? A. He did afterwards—Brown did not say how many marks were on the half crown; he said he bit it near the edge—he did not at that time say anything about the number of marks on it.
(The prisoner received a good character.)
GUILTY .—Aged 31.— Confined Twelve Months.
MESSRS. SCRIVEN and POLAND conducted the Prosecution.
MART DRISCOLL . I live in Bermondsey, and am a greengrocer. The prisoner came to my shop on 24th Jan. for 2d.-worth of onions—she gave me half a crown—I gave her change two fourpenny-bits, two sixpences, and
8d. in halfpence—she went away, and told me she would call for the onions as she came back—I sounded the half crown on the table, took it up, and put it on the mantelshelf—in about an hour I took it to a pawnbroker, and his young man broke it in two—there was no other half crown on the mantelshelf—I had no money at all—I took the half crown to the station and gave it to the officer—the prisoner had on a light shawl.
PHILLIPPA BUTTLE . I keep a pastry cook's shop—the prisoner came on 24th Jan., about half past six o'clock—she asked for a pennyworth of biscuits—my daughter served her—she tendered a sixpence in payment—my daughter put it in the detector and bent it—she put it towards the prisoner and said it was a bad one, had she not got any other—she said she had not—I called a policeman, and gave it him.
PHILLIPPA BUTTLE , Jun. On 24th Jan., I served the prisoner with a pennyworth of biscuits—she gave me a sixpence—I put it in the detector and it bent altogether—I gave it to my mother—I received it back again, and put it towards the prisoner—she took it up, and my mother called a policeman, and she was given into custody—I am quite sure she is the person.
Prisoner's Defence. I never was in the woman's house; as for a white shawl, I have never worn one since I have been in London; I was in bed that afternoon; I begged my landlady Mrs. Gray to come here to speak to my innocence; I hope you will give me time to send for her.
GUILTY . Aged 26.— Confined Six Months.
MESSRS. SWINDLIS and POLAND conducted the Prosecution.
SARAH SWINDLIS . I keep a chandler's shop, in Wellington-street, Black-friars-road. On 15th Jan. the prisoner came for a quarter of an ounce of tobacco—it came to 1d.—I served him, and he gave me a sixpence—I gave him 5d. in copper, and put the sixpence into the till—there was no other silver there—I took it out in about half an hour, and found it was bad—no one had been near the till in the mean time—I marked it, and put it back again—on 17th Jan. the prisoner came again—he looked through the window—I knew him—he came in and asked for two eggs—he gave me a shilling—I tried it by the detector—it was bad—I sent my little boy for a policeman, and gave the prisoner in charge, with the sixpence and shilling—I had kept the shilling in my hand the whole time.
Prisoner's Defence. My father gave me the shilling; I gave it to this woman, and she sent for an officer, and gave me in charge; she never told me the shilling was bad; I know nothing of the sixpence.
GUILTY .* Aged 20.— Confined Six Months.
LEVY pleaded GUILTY . Aged 22.
JACKSON pleaded GUILTY . Aged 21.
Confined Twelve Months.
Before Mr. Justice Erie.
GUILTY . Aged 21.— Confined Eight Months.
MR. METCALF conducted the Prosecution.
GEORGE COX . I live with my father, in Charles-place, Union-street, Lambeth; lama shoemaker. The prisoner lodged with my father three weeks—on the night of 2nd Jan. the prisoner slept in the same bed with me—I awoke in the morning, and found him over me, stabbing me with a short shoemaker's knife about the body—that awoke me—I straggled with him to try to get the knife from him—after that he stabbed me again; I cannot say how many times, six or seven times after I got up—I subsequently found cuts on my person—the wounds were afterwards examined by a surgeon—this one on my left wrist has done me great injury—I have not been able to work since—this was a very serious wound under my left ear, and this was a serious one in my right ear—much blood came from them—I got thirteen or fourteen wounds altogether—he stabbed me six or seven times before I got off the bed—he held me down with one hand and stabbed me with the other, and after I got out of bed he stabbed me six or seven times more—I ran down stairs, and when I came down my father was there in his shirt—I said, "Father, he will murder me"—I made my way to the door—the prisoner was up stairs when I opened the door, and he got a light and followed me, with a light in one hand and a knife in the other—I had had no quarrel or words with him—the assistant to Mr. Wagstaff, the surgeon, attended to me.
Prisoner. I do not know how to ask him any questions at all, but I want to give a statement; there was no one there but him and I; it is very queer to have him stand his own witness; I do not know how I should ask him any question about it
COURT. Q. Had you had no quarrel with him? A. No; we went to bed quietly, and this was at a little after 5 o'clock in the morning—I am an Englishman, the prisoner is an Irishman—we had had no quarrel about that—I can assure you we had no words at all—I was in the hospital three weeks.
MR. METCALFE. Q. Have you observed in him anything particular? A. No; but when at meals he used to make a murmuring noise; he did not do so at work—we all three worked together.
GEORGE THOMAS COX . I am the father of the last witness. On the morning of 3rd Jan. my wife awoke me—I got up and saw my son on the step at the bottom of the stairs, covered with blood—I saw the prisoner following my son with a knife in his hand, and a candle—my son said, "Father, father, he has been murdering me!"—I went, met the prisoner, and stopped him—I said, "What have you been doing"—he said, "Your son annoyed me ever since I have been in the place"—I said, "Why did not you tell me?"—he went out, I followed, and gave him into custody—I saw my son's wounds; I fetched a doctor.
Prisoner. There is no reason to suppose that a person like me would do this; I suppose I am one of the first bootmakers in England.
Prisoner's Defence. I was three weeks in this country; my tools are the heaviest tools in the land; when I came I bad just 8d., I got a quartern of butter, and a half quartern loaf, that does sometimes keep a person in my line of life a week, we cannot afford much; I roamed very much through this land, to the extreme of it; I was grieved, though I could say nothing; I was confined to a bit of bread, and one cap of tea; I had one pair of shoes in hand, and my grievance was great, being confined to one meal after the hardship of travel; I am bred a boot maker to man's work, and it was women's work I had, the lowest of all work; when the week was over I was not able to leave the house; there was a dreadful fog, not more than four hours' daylight; on the third week I thought to get a meal; I was passing by a butcher's shop, and bought a bullock's cheek; there was four pounds of it, at 2d. a pound; I thought it would make some good soup for me; I had a bit fried of it, and about another half pound cooked with a parsnip, which cost me a penny; this was taken from me, but I never revolted for that; there was no cupboard, I took the food up stairs where I worked; they were grieved at that, and this young fellow I had great grievance with, which caused me to moan and sigh, and he repeated them as well as a comedian, to my great terror; he is one of the greatest cannibals in man's nature; when he was at work be would make motions with his mouth, quite grinning; they were the most rejected persons I ever saw; this morning he got on in this way, and kept it on with great force; I spoke a couple of words, that irritated him, and he gave me a push out of bed; I did not resent it in the least; I got up and lit a candle; I had this small pointed knife in my hand; I took that and gave the wick of the candle a poke to open the wick; I had only my trowsers on; I went to the bed to get my waistcoat, he repeated the insult again; I got hold of him by the hair on the forehead to get him out of bed; he made many attempts to bite me, a sort of cannibal attempt.
GUILTY . Aged 50.
(The jury requested that inquiries might be made respecting his state of mind, the result of which did not become public; but on a subsequent day MR. JUSTICE ERLE sentenced the prisoner to be Transported for Seven Years.)
Before Mr. Common Serjeant.
GUILTY . Aged 36.— Confined Six Months, and Transported for Life.
GUILTY . Aged 28.— Confined Three Months.
ADJOURNED TO MONDAY FEBRUARY 23RD, 1852.