CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand
JAMES DROVER BARNETT
Rolls Chambers, 89, Chancery Lane.
SESSION VII. TO SESSION XII.
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, May 10th, 1852, and following Days.
Before the Right Hon. WILLIAM HUNTER, LORD MAYOR of the City of London; Sir William Henry Maule, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Thomas Joshua Platt, Knt., one of the Barons of Her Majesty's Court of Exchequer; Thomas Kelly, Esq.; Sir William Magnay, Bart.; and Thomas Farncomb, Esq., Aldermen of the said City: the Right Hon. James Archibald Stuart Wortley, Q.C., M.P., Recorder of the said City: Francis Graham Moon, Esq.; David Salomons, Esq.; Thomas Quested Finnis, Esq.; Sir Robert Walter Carden, Knt.; David Williams Wire, Esq.; and William Cubitt, Esq., M.P., Aldermen of the said City: Edward Bullock, Esq., Common Serjeant of the said City; and Russell Gurney, Esq., Q.C., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
THOMAS COTTERELL, Esq.
RICHARD SWIFT, Esq.
JAMES JOSIAH MILLARD, Esq.
JOHN STEPHEN S. HOPWOOD, Esq.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
HUNTER, MAYOR. SEVENTH 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 May 10th, 1852.
PRESENT—The Right Hon, the LORD MAYOR; Mr. Ald. KELLY; Mr. Ald. FRANCOMB; Mr. Ald. MOON, and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the First Jury.
NOT GUILTY .
JOHN HOLMES . I am a shawl manufacturer, and carry on business at 21, Friday-street, in the parish of St. Margaret Moses—I believe no one sleeps in the house—on Friday morning 22nd April, I came to the ware-house at a quarter past 9 o'clock, and found the police in the passage, and the witness Dean at the door—I had left the warehouse at half past 4 the evening before, leaving Dean to shut up—I was not there when he shut up—in the morning I found the outer door had been opened, as if by a key—the inner door was forced—I went to the station, and found thirty-two shawls—these are them (produced)—they are mine, and my brothers—I know them by the pattern, and by the cloth, and the way they are made—there are not other patterns of the same sort—they are not made by ourselves—I had seen them in the warehouse the evening before—when I examined the warehouse I discovered nothing different from what I had left it the evening before, with the exception of some shawls having been taken from below the table and put on the top of it—I had a desk in the warehouse, which I found had been forced; it was safe the evening before—I missed nothing but the thirty-two shawls.
Cross-examined by MR. METCALFE. Q. What is this place which you call a warehouse? A. The ground floor of a house, for the sale of shawls—it is not a shop, it is a warehouse—we sell wholesale—there is no other place on the premises where the shawls are deposited when they come from the manufacturer—there are other warerooms in the same house, let to different parties—there is an outer door controlling the whole.
JOSEPH PRICE (City-policeman, 486). On Thursday night, 22nd April, about 9 o'clock, I was on duty in Friday-street. I went and pushed against the prosecutor's door, and it went open; as soon as it was opened the prisoner and another man rushed out at me—I did not know the prisoner before—he had a bundle with him, containing thirty-one shawls; and the other had a lantern, which he threw down and got away—the prisoner was carrying the bundle in his hands; he dropped it—I laid hold of him, and shoved him back into the passage of the warehouse—I put my foot round the door and banged it to; I heard the lock spring, and the door closed on us inside—the prisoner struggled with me—Batten, another constable, came up, and hallooed outside "All right"—the prisoner then left off struggling—I opened the door, and Batten and I secured him—we picked up the bundle of shawls, and brought them with the prisoner to the station—I searched him, and found on him a halfpenny, a knife, a latch key, and several lucifer matches—sergeant Shepherd came into the warehouse at the time we were there, and he picked up another shawl, which made thirty-two—that one laid two or three yards from the bundle which the prisoner dropped.
Cross-examined. Q. How near were you to the warehouse when the men rushed out? A. When I pushed open the door they rushed out at me—the prisoner did not come along the pavement; I am quite sure he came out of the warehouse door—they were both together—he did not get out of the passage at all till he was secured.
WILLIAM DEAN . I am warehouse porter to Messrs. Holmes. I shut up the premises on the Thursday afternoon, at half past 5 o'clock—I shut and locked the warehouse door; I did not lock the outer door, as there are other warehouses there—ours is on the ground floor—I took the key away with me—I went next morning at half past 7, and found the police there—I waited at the door till Mr. Holmes came.
GUILTY of stealing only. Aged 23. Confined Eight Months.
JOHN HAWKES (policeman). On Sunday morning, 2nd May, about 4 o'clock, I was in Thrawl-street, Spitalfields, and saw the prisoner; he had two bundles, one on his head and the other under his arm—I stopped him, and asked where he got the bundles from—he said he had just come from the country—I asked how long he had been in the country—he said three days, and he had taken them out of his boxes—I took him to the station—when I first stopped him he threw down the bundles, made a sort of snatch at his coat, and took from it an iron bar, which he raised with an intention to strike me—I took it out of his hand, and secured him—the bundles contained three coats, three cloaks, eight pairs of plush breeches, and a piece of white cloth—I found on him a bunch of keys, a tobacco box, a halfpenny, a measure, and a purse.
JOSEPH JACOBS . I am a general dealer, in Bevis Marks. I have a ware-house in Exchange-buildings, Cutler-street—these things produced are all mine, and have my private mark on them—I left them safe on my premises last Friday week, between 4 and 5 o'clock, when I locked up my warehouse—I missed them on the Sunday morning—no one slept in the warehouse—I locked the warehouse door quite safe when I left it—in consequence of
information I went to the warehouse about 10 o'clock on Sunday morning; I found the padlock broken, and hanging to the door; it was all right when I had left it.
GUILTY .** Aged 26.— Confined Twelve Months.
NEW COURT.—Monday, May 10th, 1852.
PRESENT—Mr. Ald. CUBITT; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Fifth Jury.
MR. PAYNE conducted the Prosecution.
WILLIAM ROBERTSON . I live at 130, Aldersgate-street—my nephew is a baker there. On 17th March the prisoner came to my house with a check between 6 and a quarter before 7 o'clock—he said he came from Mr. Rutherford, a baker in Barbican, and he wanted change for the check—he said it was for a very particular customer, and Mr. Rutherford would be very much obliged to me if I would change it—this is the check (produced)—it is dated 17th March, 1852, for 10l. 10s., drawn by Thomas Cureton on Messrs. Praed and Co.—my housekeeper was in my shop at the time—I saw her take the check out of the prisoner's band, and she handed it to me—I took it in the parlour, looked at it, and brought it in the shop, and told him Mr. Rutherford ought to put his name to it—he said Mr. Rutherford would have put his name, but he was not certain that I had the cash—I went up stairs, and brought down nine sovereigns, two halt sovereigns, and 10s. in silver, and gave him the ten guineas for it—I sent it to the bankers'—the prisoner was dressed as a baker, with a flannel jacket, and a white night cap, such as bakers generally wear, and his face was dabbed with flour, as if he had left work without washing himself—I took particular notice of him, because I thought I might know him, being a baker—I had not seen him before—I saw him afterwards, when I went with the officer to his lodging—he came down in his shirt sleeves—I identified him—the 17th was on a Wednesday, and I think it was on the Thursday week following that I saw him again—I had given a description of him before I saw him again—the officer called on me, and I gave him a description of him.
Cross-examined by MR. SLEIGH. Q. How soon afterwards did you give a description to the policeman? A. It was several days after—I did not keep an account of the time—I sent the check to the bankers the next morning—there was only my housekeeper in the shop when the prisoner first came—I was in the bakehouse—I do not remember having seen him before—I did not see him again till I was taken by the policeman to his lodging—he then had black trowsers on, and he was in his shirt sleeves, as far as I can recollect—I could not see what trowsers the person had on who brought the cheek, the counter was between him and me—I saw his jacket, and I took particular notice of the man—when he was taken, he went and dressed himself—he then had on a black coat—his dress did not correspond in any respect with the dress the person had on in my shop—I took particular notice of his features—I have not the least doubt that the prisoner is the man—I looked particularly at the man to see if I knew him—I did not say, on another occasion, that I thought the prisoner was the person who presented the check.
MR. PATNE. Q. Looking at him now, what do you say? A. I am certain he is the man.
ANN WILSON . I am housekeeper to Mr. Robertson. I remember being in his shop on 17th March—the prisoner came in with a check, and asked if Mr. Robertson could oblige Mr. Rutherford in Barbican with change for it—Mr. Robertson was not in the shop—he came in, and I gave him the check—he said Mr. Rutherford ought to have put his name on the back—the prisoner said Mr. Rutherford would have done so, but he was not sure that he had got the change for it—Mr. Robertson went up stairs, and brought the money down—I saw him give it to the prisoner—the person was dressed as a baker, with a flannel jacket and a nightcap—the prisoner is the person.
Cross-examined. Q. He had a nightcap? A. Yes, and light trowsers, all flour dust, and his face and all—I had never seen him before to my knowledge—I never saw him again till I saw him at the station—I recognized him directly.
Cross-examined. Q. How long is it since the prisoner was in your service? A. On Christmas Eve, 1846—since then he has been out of my employ—he was about three months in my employ—he came into my employ in the middle of Sept.—it is three or four years, or perhaps five years, since I saw him—he had to serve a few customers, and I saw him keep memorandums, and I received a letter from him in March, 1847—I cannot find that letter—I do not swear positively to this check being his writing—I simply say I believe it to be his writing—there were reasons which induced me to watch him narrowly when he was with not—I took notice of everything about him, and there was a stiffness about his writing—he was very fond of writing, almost every day he was borrowing an inkstand and pen—I am induced to say this is his writing, from the stiffness of the character and the general appearance of it—there is a particular thickness about the down strokes and a thinness about the up strokes.
Cross-examined. Q. What are you? A. lam at present out of business—I did keep a beer house—I have been out of it about four months—I was in it two years and a half—the prisoner was a customer to me about twelve months, off and on—his brother had a raffle at my house, and his brother not being able to write so well as him he got him to write a great many names down, which I saw him do; and another time there was a little bit of a dispute between him and me, and he said, "Give me the pen and ink, and I will put it down"—he put down figures and writing—I have not it in my possession now—I cannot tell what became of the raffle paper—he wrote twenty or thirty names at different times—there is a peculiarity in his writing—this word "self" is peculiar—his writing is one that I could recollect—there is a peculiar character in the letters, and a stiffness in it—I never saw Mr. Henderson before to-day—we have had some talk about this trial—we were not looking at this check outside the door—I never saw it before—I told him there was a peculiar stiffness in the prisoner's writing.
WILLIAM SMITH (City-policeman). I got a description from Mr. Robertson of the person who uttered the check, and I took Mr. Robertson to 5, Eagle-court, in the Strand, which is the residence of the prisoner—this was on a Thursday; I believe it was a week and a day after the check was uttered—I
knocked at the door—there was glass in the door, and I saw the prisoner turn and go up stairs—I went to the side door, which was open—I went in, and saw a female in bed on the ground floor—I asked if John Clements was in—she said, "No; he has been gone out about an hour"—I said, "I wish to see him"—she said, "If you call in about an hour perhaps you may see him"—I said, "No; I wish to see him now; it is on business very important"—I asked her to give me a light, and she gave me one—I went down in the cellar and looked over some dirty things, and found this flannel jacket—I then went up to the first floor; I found nothing there—I went up to the third floor, and found two females in the room; one of them refused to let me in—I told her I must come—I went in, and saw the prisoner in bed, covered with bedclothes, and this pair of trowsers was lying outside the bed—I told him to get up, there was a gentleman wished to see him—he said he would be d—if he would get up for me, or any one else; and he wanted to know what gentleman it was—at last he came down—he put on these trowsers at first—he asked me to allow him to wash himself, and he did—he then put on a pair of black trowsers, and a black coat and waistcoat—I took him down, and took him outside the house; Mr. Robertson saw him, and said, "That is the man!"—when I first saw this flannel jacket, it was in the cellar—when I had taken the prisoner I looked for it again, and it was not there—I afterwards found it in a cupboard, behind the door, on the second floor.
Cross-examined. Q. Were you in uniform? A. No; he knew me—I did not tell him I had a charge against him for uttering a forged check—I induced him to go down to see a gentleman—when I took him down, and he was identified, I told him what the charge was—he said, "I don't know anything at all about it"—I left him in charge of another officer, to whom he made some resistance—he denied that' the other jacket and trowsers were his property.
THOMAS PEATY (policeman, K 107). I received the prisoner from the last witness—the prisoner struck me, and said he would run a knife through me, and give me a crack over the bead with the poker; he struck me three times, and tried to get away—I was down; another constable came to my assistance.
Cross-examined. Q. Were you outside waiting with Mr. Robertson? A. Yes; the prisoner was brought down—I was in the hall while the search was going on—there was a fireplace, and a fire—I did not take the prisoner by the neck till he ran at me—he said it was unnecessary for me to treat him in that manner, but I never used any violence to him.
MR. PAYNE. Q. Did you lay hold of him till he made an attempt to get away? A. No; he was going out, and I laid hold of him, and then it was that he said he would give me a crack of the head.
HENRY OSBORNE CURETON . I live at Pentonville, I was formerly in business in Aldersgate-street. I do not know any person of my name living about there—there is no Mr. Cureton, a baker there—I have not any account at Praed's, the bankers', and never had—I never saw the prisoner till he was at Guildhall.
JAMES RUTHERFORD . I am a baker, in Barbican. I never gave the prisoner this check to get change for me—I have heard of the name of Thomas Cureton, in Aldersgate, though I was not known personally to him; there is no other Mr. Rutherford, a baker, in Barbican.
Cross-examined. Q. Have you many persons in your employ? A. I have two men and a boy—one man has been with me twenty years, the other about six months—there are not two other bakers' shops in Barbican—there is one in Beech-street, kept by a very respectable man—I think he keeps three or four men—I am not aware that his men are personally acquainted with the men in my employ—I am not aware that journeymen bakers meet at a house in my neighbourhood.
(The prisoner was further charged with having been twice before convicted.)
JOSEPH COOTE (policeman, N 170). I produce two certificates which I received at Mr. Clark's office—read—Central Criminal Court, Jan. 4, 1847; John Clements convicted of embezzlement, and confined three months. August 21, 1848; John Clements convicted of embezzlement, and confined nine months—I was present at both the trials, the prisoner is the man.
GUILTY. † Aged 25.— Transported for Ten Years.
(There was another indictment against the prisoner.)
GUILTY . Aged 20.— Confined Three Months.
GUILTY . Aged 18.— Confined Two Months.
MR. PARRY conducted the Prosecution.
JOSEPH WARD (City-policeman, 628). On Friday morning, 30th April, about 11 o'clock, I saw the prisoner in St. Mary Axe, with two parcels, one in a paper, and the other in a handkerchief—he went into the Blue Pig in St. Mary Axe, and a few minutes afterwards a Jew went in—I then went in, waited a few minutes against the bar, and heard the sound of money in the parlour where the prisoner and the Jew had gone—I went into the parlour, and saw three coats lying on the table; the Jew snatched up some money from the table—I collared them both, and the Jew escaped by slipping out of his coat—I retained the prisoner and took him to the station—he there said he had purchased one of the coats, and he knew nothing of the other two—the three coats were all new, and were lying on the table in the parlour—the prisoner was sitting down and the Jew standing up with a coat and pair of trowsers on his arm, which he had carried in with him, and which he left behind him—I have not seen the Jew since—I found a handkerchief in the prisoner's pocket which was like the one which formed the outside of one of the bundles he was carrying, and I found the paper on the table which had composed the other bundle—both the bundles contained something, the handkerchief parcel was the largest—they were struggling with me ten minutes or a quarter of an hour.
Cross-examined by MR. BALLANTINE. Q. What sort of parcel was the paper one the prisoner took in? A. A small flat parcel—it would hold a coat—this is the paper (produced)—I believe the man I saw go in after the prisoner to be a Jew, I know his family, and they all profess to be Jews—his name is Lewis—I found this other handkerchief (produced) in the Jew's pocket—I swear the bundle was not wrapped in that handkerchief, it is nothing like the other—these are the coats (produced).
April, about half past 10 o'clock, the prisoner came to my shop and bought a coat, and paid 1l. 1s. for it—this is it (one of the three)—he asked for an invoice, and I went to the desk to write it out—the desk is at the back of the counter, and there was a stack of clothes before it; I went behind them, out of sight of the prisoner—I was two or three minutes making it out—I packed up the coat I sold him in paper—I do not know whether this is it, it would pack up a coat 1—before buying the coat, he tried on eight or nine; there was very great difficulty in fitting him—I pulled down about fifty coats in the course of serving him, which were placed on the counter near where the prisoner was—they were left there while I made out the invoice—these two other coats produced are precisely what I have in my stock; they have had marks on them, but they have been taken off—I am sure they have formed part of my stock.
Cross-examined. Q. I believe you cannot tell whether you have sold these coats or not? A. I cannot—we fit some customers much more easily than others; sometimes persons try on a dozen—I saw the prisoner leave the counter, but did not see him go out of the shop—there is a man outside the shop who must have seen him leave the shop—he is not here.
MR. PARRY. Q. How far is your shop from St. Mary Axe? A. About five minutes' walk—these coats have been made since 6th April—the prisoner wore a fishing coat, and a blue over coat.
MR. BALANTINE called.
JOHN MARTIN . I am a shoemaker. I know the prisoner, he has lodged with me for four months, and was lodging with me when this matter took place—I always knew him to be a very steady honest young man—he is a gas-fitter.
MR. PARRY. Q. Was he in work A. Yes; I do not know who for—he went out in the morning, and came home in the evening as a working man, and also to his dinner and tea.
NOT GUILTY .
MR. BRIARLY conducted the Prosecution.
THOMAS TILLBURY . I am a timber dealer, and live at Little King's-hill, Great Missenden, Buckinghamshire. On 13th April I was in London with my horse and cart, and delivered to my servant, Joseph Cordery, some chaff, corn, half a bushel of mixture, consisting of whole beans, oats, and bran, an empty sack and an open sack, to take with the cart and horse to Uxbridge, and remain there till I came—the corn was in one sack, and the mixture in another, and the chaff, about two bushels, in another sack.
Cross-examined by MR. W. J. PAYNE. Q. Was that to feed the horses by the way? A. Yes; it is usual for parties when they come to town, to take the horse's food with them.
JOSEPH CORDERY . On 13th April I received this mixture and chaff from my master—about a quarter to 9 o'clock at night, I stopped at the Green Man, at Ealing, baited the horse, and laid down on the sacks under the manger in the stable—I got up about a quarter before three, and gave the horse some more corn—I then went out of the stable to the horse, and in a quarter of an hour my master came and told me there was no corn there—I went into the stable where I had put it, and it was not there—the horse could not have eaten it—the prisoners were then there, and were just starting with their carts; they were close against our horse, and I made inquiry about our corn, and Clark said they knew nothing about it—I had not left the stable
between a quarter to nine and three—there was another man asleep there, and when I went back he was still asleep; I woke him up, and he said he knew nothing about it—I found the empty sack and the cut open sack which we make a cloth of, in the hay bag of Goodyer's-cart, just behind the horse—Clark drove that cart—when I found that, Clark said, "I know where your corn is," and said it was in the stable; and when I went it was not there—the prisoners drove away their two carts, and there was another man driving another—I afterwards got a policeman, and went with him after the prisoners; we searched the first cart we came to, and there was nothing there—we then went to the next cart, which Clark was driving, and there found the two bushels of chaff, and the half bushel of mixture, and the sacks—the sacks are my master's, and the mixture and chaff were similar to what I bad had—Goodyer at that time was on the top of the load which Clark was driving, and he had hired another man to drive the other cart—when we first tried to search the cart, Goodyer would not let the constable get up, and asked what be wanted there.
Cross-examined. Q. How long have you been in Tillbury's employ? A. He only hired me for this journey—I got to the Green Man about 9 o'clock—there were plenty of carts there, and drivers with them—they all had food for their horses in the same way as I had—some food is made of mixed beans, and some of whole beans; the food is always carried in sacks—there were other horses in the stable—any one could get from the road to the stable who had horses there—after I was asleep in the stable the prisoners came with their horses, and that woke me up—I had not been very long asleep then; it was just daybreak when I awoke at a quarter to three, getting rather lighter—I did not notice whether it was moonlight—Goodyer was present when Clark said he had not seen any sacks, or any corn—they were then just going to leave for London—there are one or two men there who assist in taking the horses out of the carts; they never helped me to carry the sacks of food to the stable—Goodyer's cart was loaded with straw—they had gone about a quarter of a mile when we overtook them—they were not going very fast, they were going up a hill, and loaded—Clark was walking at the side of the horse, and Goodyer was on the top—it was about a quarter to four then, there was not room in their hay bag for these sacks of food—the policeman was getting up the cart, and Goodyer asked what business he had there—he said there was some corn lost, and it was his duty to get on the cart and look for it; the sacks were found there, and he took Clark and locked him up—he let Goodyer go, and he was taken next night when he came down again—I have never been in trouble but once—that was for getting drunk—I was fined; I could not pay, and was sent to prison.
MR. BRIARLY. Q. Was Goodyer near where the mixture was found? A. He was on the straw—he must have seen it, because there was a lot of his own meadow chaff mixed with ours—when I found the empty sack, and cut open sack in Clark's hay bag, he at first said they were his, and then he said they did not belong to him at all.
MR. W.J. PAYNE. Q. Did the prisoners bring any sacks of food in with them? A. Not to where I was—I saw them with some food in a nosebag.
GEORGE BROUGHTON (policeman, T 201). On the morning of 14th, about 3 o'clock, I followed the carts with Cordery; I searched the first one, and found nothing—that cart belonged to Goodyer, but another man was driving it—while I was searching, Goodyer got off the second cart, and when I was going to search it, he tried to prevent my getting up—I got up and found these two sacks containing corn and chaff (produced)—after Clark was in
custody he said his master gave him the sacks, and he pat them on top of the cart—Clark is in Goodyer's service—I took Goodyer into custody the next night, and he said he had lost one cotchell, and had taken another—a cotchell is a little bundle.
Cross-examined. Q. Has one of the sacks the name of Montague on it? A. Yes; it was a little after 3 o'clock when I came up to the carts—it was not daylight, because I was obliged to turn my lamp on.
THOMAS TILLBURY re-examined. I know these sacks—this one belongs to Mr. Montague, of the Warren Farm—my mother bought a quantity of corn of him, and she let me have a portion of it in this sack, which I was to bring back when I returned—I know this other sack, because I mended it here (pointing it out) before I started—this mixture is like mine—there is a little meadow hay chaff mixed with it, which I know nothing about—the empty sack and cut open sack found in the bay bag are what I took to cover the horse with.
(The prisoners received good characters.)
NOT GUILTY .
OLD COURT.—Tuesday, May 11th, 1852.
PRESENT—Mr. Ald. KELLY; Mr. Ald. FARMCOMB; Mr. Ald. CUBITT; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant and the Second Jury.
483. HENRY MARTIN , feloniously uttering a forged request for the delivery of goods, with intent to defraud; also, stealing 12 lime bags, value 10s.; the property of William Lee and another, his masters: to which he pleaded
GUILTY . Aged 50.— Confined Eight Months.
MR. RYLAND conducted the Prosecution.
JOHN CARPENTER (policeman, R 38.) In consequence of information I went in search of the prisoner, and found him on the Wednesday in Easter week, April 14th, in a booth at Greenwich fair—I told him I was an officer (I was not in uniform), and be must consider himself in my custody for having stolen 10l. of his master, Mr. Frost, a grocer, of Fetter-lane, and he must go to London with me—he said he was very sorry for what he had done—I asked him what money he bad got about him; be put his hand into his pocket, took out a purse, and said he had been robbed of half of it—I had mentioned the 10l. to him—I opened the purse, it contained 5l. 10s. in gold, and 12s. in silver—I said it was strange he should be robbed of half of it, because there was more than half of it there now—he afterwards said, "I will tell the truth about it, I have spent it."
Cross-examined by MR. PAYNE? Q. What booth was it? A. Alger's—he was in company with a young girl, who was very respectable to all appearance—when I spoke to him he appeared to have been drinking a good deal, but I did not notice it before—he told me the 10l. note was changed by a girl at a tea shop; that he had only eighteen pence of his own, which he had spent, and then changed the note, because he had to pay for tea for four, there were then two young girls with him.
THOMAS FROST . I am a grocer, of 117, Fetter-lane. The prisoner had been my errand boy fourteen days on Easter Tuesday, when I sent him, about two o'clock, to Baker-street, New-road, with a small parcel, and 10l. worth of
silver, for which he was to bring back gold or notes—I did not see him till the next night, when he was brought back by a policeman—I said, "You are a pretty sort of a youth to abscond with my money"—he said he was very sorry.
Cross-examined. Q. Did he tell you he had changed the 10l.-note, and the girl he was in company with had got some of the money? A. Yes—I have seen his father twice, he is a retired exciseman; the family are respectable—I had a written character with him—he has been in prison about a month already—he had asked me to let him have a holiday on the Tuesday, and I consented.
MR. RYLAND. Q. Was he to bring the money back to you before he went on his holiday? A. He told me his father had some friends coming, who he wished to spend the afternoon with, and as the customer I sent him to lived near to his father's, I told him he might take the silver with him, but he was to come home early.
SUSANNAH WBST . I am single, and keep my brother's shop, at 2, Upper Baker-street, New-road, a cook and confectioner. He is a customer of Mr. Frost—I have seen the prisoner before—on Easter Tuesday he came and brought 10l. worth of silver—I gave him a 10l. note in exchange, which he was to take to Mr. Frost.
Cross-examined. Q. Were there some goods brought at the same time? A. Yes.
NOT GUILTY .
GUILTY . Aged 28.— Confined Eight Months.
FARRELL pleaded GUILTY . Aged 33.
M'CARTHY pleaded GUILTY . Aged 21.
Confined Six Months.
GUILTY . Aged 21.— Confined Twelve Months.
GUILTY . Aged 19.— Confined Eight Months.
GUILTY . Aged 21.— Confined Eight Months.
GUILTY . Aged 22.— Confined Eighteen Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
FRANCES HORNE . I am barmaid at St. Martin's Tavern, Adelphi. The prisoner came there on 27th April with a female—he asked for a quartern of gin—it came to 4d.—he gave me 1s.—I put it into the till, and gave him a sixpence and two penny pieces in change—there was no other shilling in the till—in about half an hour he came again with the same person, and asked for a pint of fourpenny ale—he paid me with two penny pieces—in about a quarter of an hour they came again, and called for a quartern of rum, which
came to 5d.—he gate me a shilling, which I put into the till—there was no other shilling there but the one he had given me before—I gave him sixpence and a penny in change—they came again shortly afterwards, and he called for a quartern of gin—my mistress came in and served him—she examined the shilling he gave her, and told him it was bad—he said, "Give it to me back," but she would not, and sent for a policeman—I opened the till, and found the other two shillings were bad—I marked them, and they were given to the officer—these are them (produced)—I had taken no shillings from anybody else.
MARTHA LEYKAUFF . I am the wife of John Leykauff, of St. Martin's Tavern, Duke-street. On 27th April, between 11 and 1 o'clock, the prisoner came there with two women—he asked for a quartern of gin, which came to 4d.—I drew it—he tendered a shilling—I told him it was bad—he said, "Give it me back"—I refused, and sent for a constable—Home opened the till, and took two shillings from it, which she showed me—they were bad—I gave the three shillings to the constable.
GUILTY . Aged 44.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
HENRY MORGAN . I am the son of George Morgan, who keeps the Gloucester Arms, Rochester-row, Westminster. On 27th April, between 1 and 2 o'clock, the prisoner came to our house, for half a pint of beer, and 1d.-worth of gin,—he gave me a half-crown—I gave him 2s. 4d. change, and put the half-crown into the till—there was no other half-crown there—I had occasion to go to the till a few minutes afterwards, and then found the half-crown to be bad—there was no other half-crown there then—there was no one there but me, and no one had been in in the meantime—I put the half-crown into the fire; it melted, and the metal fell on the ashes—between 2 and 3 the prisoner came again, and asked for half a pint of gin—I served him—he paid me with another half-crown—I tried it in the detector, bent it, and satisfied myself it was bad—I threw it on the counter to him again, and told him it was a bad one—he took it up, and went out—I called Know land, the officer, and we followed him to a urinal—he went in there, and when he came out we took him into custody—the policeman afterwards came to our house, and took the metal from the ashes.
Cross-examined by MR. PAYNE. Q. Who are the persons connected with t his house besides yourself? A. My father and mother; there is no servant—it was not more than ten minutes from the time I put the half-crown into the till, till I went and found it was not good—I then saw there was a difference in the colour between it and the shilling—the prisoner came again in about an hour—I am sure he is the person who had come before—when I detected the second half-crown, I told him to be careful: that he had been before—I followed him out immediately—the officer happened to be in the house—he was not in plain clothes—he was having his dinner at the house, and was just coming out, when I said, "Follow me!"
ELIZABETH SPIERS . I am the niece of William Spiers, who keeps the Grosvenor Arms, Holy well-street. On 27th April, about 2 o'clock in the afternoon, the prisoner came with two others—he asked for a pint of porter,
and 1 1/2 d.-worth of gin, and offered me a half-crown in payment—I took it up, and looked at it, and thought it was bad, and gave it to Mr. Spiers.
WILLIAM SPIERS . I received the half-crown from my niece—I looked at it, and the prisoner said, "Don't you like it?"—I said, "How many more of these have you got?"—he said, "Give it me back"—I said I should do no such thing, and kept it, and asked if he would pay for the liquor he had had—he said he would not—I asked where he got the half-crown—he said he got it at Somerset-house—I marked it, wrapped it in paper, and put it at the back of the till, and kept it there till the officer came—I then gave it to him.
Cross-examined. Q. Did you put it into your pocket at all? A. No.
MR. ELLIS. Q. Did you put it into the till directly you wrapped it in paper? A. Shortly after, within five minutes; it remained in the till three or four days.
EDWARD KNOWLAND (policeman, B 141). I produce the half-crown I received from Mr. Spiers—on the 27th I was in company with Mr. Morgan, and took the prisoner into custody, searched him, and found five bad shillings and a bad half-crown.
Cross-examined. Q. Was this half-crown marked when you received it? A. Yes.
WILLIAM MEYER (policeman, B 214). I was watching near Mr. Morgan's house, and saw the prisoner go to the urinal, and come away from it—I afterwards went there, and found this half-crown (produced)—I also produce some metal, which I got from the ashes of the fireplace at Mr. Morgan's.
WILLIAM WEBSTER . This metal is a kind of Britannia metal, of which counterfeit coins are made—the half-crown first uttered is a bad one, and the second also—among those found on the prisoner, there is one bad one, from the same mould as the first that was uttered; three others of William IV., from one mould; and two of Victoria.
GUILTY . Aged 38.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
MARY STEVENS . I am the wife of James Stevens, a grocer, of Old Brentford. On the evening of 23rd April the prisoner came to our shop, and asked for a quarter of an ounce of tobacco—it came to 3/4 d.—he put down a sixpence—I tried it with my teeth, and found it was bad—I told him so—he wanted me to give it him again, and I refused—he then went away—he was brought back a few minutes after by Young—I gave the sixpence to the policeman—I had not parted with it from my hand till then.
Cross-examined by MR. PAYNE. Q. Did you know him before? A. No; he was only in the shop while I was weighing the tobacco—I have no doubt he is the person.
CHARLES YOUNG . I live at Old Brentford. On 23rd April I was standing at my door, and saw the prisoner running down towards Kew-bridge, and a little boy running after him—I ran in the same direction, and when I got to a wall near the water-works, in consequence of what a man in a dung-cart said to me, I looked on the wall, and found a little bag, containing two shillings, wrapped up in paper—I then went back to Mrs. Stevens', and gave the bag to a person there, of the name of Stenning, and he gave it to Smith, the constable, in my presence, just as I had found it.
cart, and saw the prisoner throw a little bag on a wall—I told Young, and saw him take it off the wall—it was similar to the one produced.
WILLIAM STENNING . I live at Old Brentford. On 23rd April I saw the prisoner running down the town—he passed me—I went after him, stopped him, and brought him back to Mr. Stevens'—I asked him whether he had been passing bad money—he said he had, but he did not know it was bad at the time—I asked what made him run away—he said because he had got no more money to pay for the tobacco—as we were going along, he said, "I will take my knife and let your guts out, because you are not a constable"—I took him back to the shop, and there saw the lad—Charles Young produced the bag.
Cross-examined. Q. Were you in your own house, or in the road? A. In the road, going from Kew-bridge to Brentford, and the prisoner was going from Brentford towards Kew-bridge—I met him, and he passed me—some gentleman told me to run after him, as he had been passing bad money; and I turned after him—the gentleman said he bad run after him as far as he could.
JOHN SMITH (policeman, T 792). On Friday, 23rd April, I went to Mrs. Stevens' shop, she gave me a sixpence which I marked, this is it (produced)—I received this bag from Mr. Stenning containing 2s. (produced)—I took the prisoner in custody at Mr. Stevens' shop—I searched him at the station, and found on him a 4d.-piece, 1s. 4 1/2 d. in copper, and about a quarter of an ounce of tobacco—he said he knew nothing about the bag.
GUILTY . Aged 31.— Confined Eight Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
JANE STONE . I am the wife of Cornelius Stone, a baker, at Poplar. On the evening of 22nd March, the prisoner came to our shop for a 21b. loaf, and threw down a bad shilling—I said, "This is bad;" I kept it, and gave it to my husband.
CORNELIUS STONE . My wife gave me this shilling, and said, in the prisoner's presence, that he had tendered it—I asked where he received it—he said he received it of a sailor, for carrying a chest from the Brunswick-pier—I sent for a constable, and gave it to him.
GEORGE PAVITT (policeman). I took the prisoner into custody, at Mr. Stone's—he said he had the shilling given him by a sailor, for taking a chest to the Brunswick-pier—I received this shilling from Stone.
JOHN FOLEY . I live at Mr. Harrington's, at Wade's-place, Poplar. On Sunday, 4th April, I was in her shop—the prisoner came and asked for a newspaper—I asked him what paper, he said he did not care what it was, as long as it was a late paper, and I tendered him the Weekly Times—he gave me a shilling in payment—I sounded it, and thought it was good at first, but when I examined it by the edge I considered it was bad—I did not say so to him, but told him to wait till the landlady came in, and she would give him change—he waited, and I went to the door, and stopped there, to prevent his going away—the landlady came, and I gave her the shilling.
ELIZA SARAH HARRINGTON . Foley gave me the shilling—I told the prisoner it was bad—he said, he daresay he had taken it in change somewhere, and he had another he could give me, and he produced a good one—I then told
him he had given me a bad one the night before—I believe he said, he had never been there before—I had taken a bad shilling the night before; I believe it was of the prisoner—when my husband came in, I gave him the bad shilling and also the good one, and the prisoner was taken in custody.
Prisoner. Q. When I gave you the shilling on Saturday night you put it in to your purse, among the rest of your silver? A. I put it into the counter drawer.
Prisoner. You put the shilling in your hand, opened a purse, and put more shillings to it. Witness. I had no purse.
GUILTY . Aged 19.— Confined Six Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
GEORGE MILLER . I am in the service of Mr. Mylne, linendraper, of Parliament-street, Westminster. On 6th April, about 4 o'clock, the prisoner came and asked for some calico to make a shirt—I served him with some, which came to 1s. 5 1/2 d.—he gave me half a crown, and I gave him the change—as he was leaving the shop I found it was bad—I marked it, and put it in a drawer apart from the other coin—he had been in the habit of coming to the shop, and was known to me—on the following day he came again, and asked for another shirt, the same as he had yesterday—I served him with that, and he then asked for some buttons—they came to 1s. 7d. altogether—he paid me with a 5s.-piece—I noticed it was bad, and asked if he had anything different—he said he had no small change—I told him I did not care for anything smaller, if he had anything that was better—I passed the 5s.-piece to Mr. Mylne, went out for a policeman, and returned with Kit, who took possession of the crown—the prisoner said nothing, and I gave Kift the half-crown I had taken the day before.
EDWARD MYLNE . I live in Parliament-street. I was present on 7th April, when the prisoner was at the shop—Miller handed the 5s.-piece to me—it was the same the prisoner gave him—it was not out of my sight.
Prisoner. Q. Did you mark it? A. No; it was marked in my presence in the shop.
JOHN KIFT (policeman, A 241). I was fetched by Miller, and the prisoner was given in charge for tendering a bad 5s.-piece—he did not say anything—I took him to the station, searched him, and found on him 6d. in halfpence, a knife, and a handkerchief—I received this crown from Mr. Mylne, and this half-crown from Miller (produced)—I marked this one before I left the shop.
GUILTY . Aged 24.— Confined Eight Months.
MESSRS. BODKIN and POLAND Conducted the Prosecution.
WILLIAM WOOD . I am proprietor of the Adam and Eve Tavern, Duke-street, Chelsea. On 17th April, the prisoner and another person came to my house—the prisoner asked for a pint of porter—I served him, and hit companion paid for it, tendering a counterfeit shilling—I tried it on the counter, returned it him, and said, "This won't do, it is a bad one"—his companion took it up, said they were very sorry, and gave me a good shilling—they drank their porter, and went off—I followed them, and gave information.
JOSEPH HARRISON (policeman, V 133). I received information, and a description from Wood, in consequence of which I found the prisoner and two other men in Little Chelsea—I said, "Which of you has got the swag?"—that is a cant phrase, those sort of people know what it means—on my asking that, the prisoner commenced running—I ran after him—he ran in the direction of the workhouse, down by a wall, and when he got near there I saw him take a purse from his trowsers pocket, and throw it over the work-house wall—he continued running, and ran nearly half a mile—I then took him, and told him he could not have thrown the swag into a safer place, it was secure there—he made no answer to that, and I took him to the station, went to the workhouse, and on the way there met the sergeant with the purse—it had been found.
ESDWARD PHILLIPS . I am an inmate of Chelsea workhouse. On 17th April, I found a purse inside the workhouse walls—I brought it to the lodge, examined it, and found in it nine pieces of blue paper, and one piece of red—one blue paper was empty—I examined two of the pieces, and found in each a shilling—I placed one of them between my teeth, and found it was soft—I put them back into the purse, gave them to the porter, and saw him give them to the sergeant.
WILLIAM BRIENT (policeman, V 20). I was passing the workhouse—I was called in, and this purse and contents were given me by the porter—it contains nine pieces of counterfeit coin, in separate pieces of blue paper, and one piece of paper is empty.
Prisoner's Defence. I met two men, who said they would give me something to drink; they asked me to hold a small parcel, and immediately on my receiving it the policeman came up; the others ran away, and I, being frightened, ran too, as I suspected there was something wrong.
GUILTY . Aged 19.— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
MARTHA BEAN . I am barmaid at the Three Tuns, Smithfield. On 15th April, about half past 7 o'clock in the morning, the prisoner came there with a man, she asked for a pint of beer, and paid me with a shilling—I gave her sixpence, and 4d. change—the sixpence was the only one in the till—I put the shilling into the till—there was no other there—they went into the tap room, and the man came for half a pint of beer, and paid me with sixpence—I put that sixpence with the shilling—that was the only silver in the till—in the course of the morning Griffin, the porter, brought me a shilling, which was bad—I gave both the shilling and sixpence to Mr.
Wright, who keeps the house, at about half past 11—I am sure I gave him the same I had received from the prisoner and her companion.
SAMUEL GRIFFIN . I am porter at the Rose Inn, Smithfield. On 15th April I was delivering some beer at the Three Tuns, and saw the prisoner and a man with her in the tap room, where I was putting down the beer—the man asked me to have some gin, poured out some into a glass, and it was not full—he said, "Take this shilling and get another half quartern, for I do not like to give a man half a glass"—I took the shilling, asked the barmaid for some gin, and tendered her the shilling in payment, but she said it was bad—I took it back and threw it on the table to the man—the prisoner did not say anything—the man said it was a good one he had given me—I brought back the same shilling.
Prisoner's Defence. I gave her a good shilling; I had no bad money.
GUILTY . Aged 20.— Confined Eight Months.
GUILTY . Aged 21.
(His master engaged to employ him again.) Confined One Month.
GUILTY .** Aged 20.— Confined Twelve Months.
500. JOHN CADDY , 1 pair of shoes, value 7s. 6d.; the goods of Henry Gaze; his master: also, stealing 1 pair of boots; the goods of Henry Gaze: and within six months afterwards stealing 1 pair of boots and 2 pairs of shoes; the goods of the said Henry Gaze, his master: to all of which he pleaded
GUILTY . Aged 32.— Confined Eight Months.
FREDERICK DUBOIS . I am a licensed victualler, of Tottenham. The prisoner was in my employ ten or eleven weeks up to 19th April, as potman and ostler—it was part of his business to take out beer and receive the money for it, in this case weekly; but the casual beer he answered for himself; if h e received money he ought to book it, and bring it to me directly he came home—I had a regular customer named Clark; he did not account to me for anything received from her on 19th March; he brought me no money—I asked him about it several times, for I have received nothing from Mrs. Clark from 16th Feb.—he said it was not convenient to Mrs. Clark; but she had got some money to be paid, and she would then pay it.
ELIZA CLARK . I am single, and am a laundress. The prisoner used to bring me beer from Mr. Dubois—I used to pay him weekly, but the last bill was a fortnight, and was 2s. 10d.; I paid that to him for Mr. Dubois on the Tuesday or Wednesday after 29th March.
Prisoner's Defence. I had a great deal of beer to carry out fire times a day, and had to account for it all; I had to trust a great deal, and lost a great deal of money; I told Mr. Dubois when I left on the Monday, that there was something against me, and if he would tell me what it was I would pay him; if he had paid me what he owed me, I should have been able to pay him.
NOT GUILTY .
OLD COURT.—Wednesday, May 12th, 1852.
PRESENT—The LORD MAYOR; Mr. JUSTICE MAULE; Mr. BARON PLATT; Mr. Ald. MOON; Sir ROBERT WALTER CARDEN, Knt Ald.; and RUSSELL GURNEY, Esq.
Before Mr. Justice Maule and the Third Jury.
MESSRS. CLARKSON, BALLANTINE, and DEARSLRY conducted the Prosecution.
FREDERICK HALE THOMAS . I am a surgeon by profession. I was a partner in the late firm of Varnish and Co.—that partnership was dissolved twelve months ago—the business was that of silvering glass—the process is, depositing pure silver by a chemical process upon glass; the glass is blown double hollow—the silver was put in between the two surfaces and hermetically sealed, and that makes it permanent and perfect, not to be injured either by the atmosphere, erasure, or by any other means, except by destroying the glass—after the dissolution, I carried on the business on my own account conjointly with another gentleman—I engaged the prisoner Mellish in the autumn of 1849—he was recommended to me by Mr. Powell, of the White-, friars glass works—he was to have six guineas a week—there was an agreement—this is it (produced).
COURT. Q. Was it before the firm was dissolved that you engaged Mellish? A. Yes; I engaged him for the firm—I was in partnership with a Mr. Cock after the dissolution of the firm (The agreement was here read)—this agreement refers to one of 15th Oct.; that was a verbal one which I made with him—it was that he should superintend at the glass works where I wished the glass to be made, and that he should also superintend the workmen for the purpose of cutting and polishing the glass—he stipulated, on coming into my service for that object, that he should have the sole control and management of the men, and not be interfered with in any way; he added that he had been long conversant with glass cutters, that he knew the merits of the different men that were required, and that, if he might take them entirely under his own control, he would be answerable for the work and responsible for the result of the business I proposed to carry on.
MR. DEARSLEY. Q. Had you anything to do with the hiring of the men or the payment of their wages? A. Not in the least; I never saw the men, nor had I any knowledge of what wages they should obtain—it was particularly stipulated by Mellish that I should not interfere in anywise in that matter; and after he had hired the men, he told them immediately that they were to consider themselves entirely under his management—I have heard Mellish
say so over and over again that the men were to be responsible to him; I have heard him say so repeatedly to the men.
COURT. Q. I thought you said you never saw the men? A. Not till they were hired; I heard him tell the men that they were to look to him only, and not to me or Mr. Varnish.
MR. DEARSLEY. Q. Do you remember Douglas coming into the service? A. Yes, Mellish hired him; after Mellish had been some months in the firm, he stated that he was desirous of having a clerk to assist him, and that he knew a young man at Birmingham that he could very strongly recommend, that he had known him many years, and that he should like to have him—it was agreed that he should choose his own clerk, and Douglas came—he fixed the rate of wages for Douglas, and had him as completely under his own charge as he had the other men—he had from 25s. to 30s. a week at first, but I believe that was afterwards raised slightly—as soon as Douglas came a wages book was kept, and the names of all the workmen, both in door and out door, were entered weekly—their names were entered in columns, and the rate of wages and their attendance was entered every week, and a sum total made, and they were paid once a week—the wages book was entirely under Mellish's management—it was kept in his desk—he had to fix the wages and to regulate them entirely—it was his duty every Saturday to see that the wages book was correct, and to send it to Mr. Dean, the cashier, for the weekly amount that was required for the workmen—I know that, from seeing the book nearly every day on Mellish's desk, and his talking to me about the wages, and seeing the names of the men in the book—it is in the handwriting of Mellish's clerk—I have seen it lay before Mellish on his desk, he perusing it, with his pencil, looking over it fifty times at least constantly—I did not know of any double vouchers being kept until within about six weeks previous to Mellish leaving the firm—I very frequently spoke to Mellish as to how the business was going on—I was in his room two or three times every day, and of course frequently conversed with him on the whole subject—I did not discover that frauds had been committed on the firm until Mellish had left three or four months; he left in May, 1851—I made the discovery in consequence of receiving a letter from one of the workmen—Mellish was given into custody, I think, in Oct., 1851—there were men engaged as glass cutters and glass polishers—they worked on the premises; at one period there were, I suppose, thirty men working on the premises, and perhaps seven or eight outdoor workmen—Mellish paid their wages—he had the sole management of both outdoor and indoor men—when I say Mellish, he and his clerk, Douglas, had the management of it—I was not present when the wages were paid—they went to Mellish's room, and they were paid by his clerk and by his authority.
Cross-examined by MR. SERJEANT SHEE. Q. How long had you been carrying on this business of silvering glass before you were introduced to Mr. Mellish, or Mr. Mellish to you? A. About twelve months; he was not first introduced to me by Mr. Lund, of Fleet-street—Mr. Powell first spoke to me about him, and I then saw Mr. Lund—I rested entirely on Mr. Powell's knowledge as to his respectability, and I knew he was acquainted with Mr. Lund—they are both gentlemen of the highest respectability.
Q. When you first became acquainted with him, had he not an inkstand which belonged to Mr. Lund, which he was desirous of having silvered on your plan? A. Some inkstands were sent, as I understood, by Mr. Lund, for me to try the process of silvering on, which I did—I cannot say whether Mellish brought them, but he knew of their being there—I believe he was
busy about them for Mr. Lund before I engaged him—it was found that that inkstand, which was not a double hollow one, could not be so silvered as that the silver should resist the operation of the ink within it—Mulish did not then invent the double hollow inkstand which was afterwards silvered—I suggested it myself, in consequence of silvering Mr. Lund's inkstands and finding them fail—I suggested the idea of the double hollow to Mr. Mellish, and he, after a considerable period, did get one made at Messrs. Powell's by my direction—I then silvered it over; that answered—I believe Mellish was working for me at the time—I believe it was not before—I cannot quite recollect, but to the best of my belief he was working for me, carrying out this at Messrs. Powell's—I hired him to go to Messrs. Powell's.
COURT. Q. When was your first introduction to him by Mr. Powell? A, In the autumn of 1849; I had never seen him before—it was after that that this conversation took place about the inkstand—I believe it was after I had entered into the verbal agreement with him—I took him for the very purpose of making the inkstand and other things—I have no doubt in my own mind it was after, for I hired him especially to go to the glass house—before he came, I had been in the habit of silvering glass, but not enclosing it in the glass.
MR. SERJEANT SHEE. Q. When you first engaged him, was he to do work for you at his own premises in Great Portland-street? A. Some things were to be carried on there because he had workmen already there, but the business he was to do for me was to be carried on at my own premises at the back of Burners-street—Mellish attended daily—he always attended for some portion of the day—he worked on his own premises for a very short time indeed—it was stipulated that when he entered into my service he was to give up great Portland-street, and devote himself entirely to Berners-street—that was understood between myself and Mr. Varnish—as soon as he could get glass cutters to come on my premises, which was within a few weeks, be came—the workmen were on my premises as soon as we could get the rooms ready—he brought his tools on my premises—he sold his tools to me, and his own carpenter fitted them up in my premises—I paid him several hundred pounds—that was a very few weeks before he came to me; he was paid by cash—it was after the written agreement—he spent the eight hours a day immediately after the-signing of the agreement—he spent as much time at my premises as it was thought necessary for the work that was in hand—I believe he took possession of a room and desk there as early as that: the rooms were fitted up immediately for him—he stipulated that he should have the entire control and management of the workmen, and the fixing of the rate of wages—I did not know what wages the men ought to receive—he told me he had known the men many years—in the course of his employment, I sanctioned the opening of a shop in Regent-street to be kept by his wife, in which my goods were to be sold; that was in the spring of 1850—a considerable quantity of goods was sent to that shop to be disposed of by Mrs. Mellish on my account; I should think more than 1,000l. worth of goods; but Mr. Dean, the cashier, can tell you exactly—I believe Mellish entirely fixed the cost and selling prices of those goods, and they were invoiced to his wife by us at his price—that course of business continued until he left in May, 1851—I believe stock was taken at various times during the interval between April, 1850, and May, 1851—I never suspected him of anything incorrect in that part of his dealing with me—I cannot say now that I have no reason to believe there was anything incorrect; I have the greatest doubts in my own mind that he did deal fairly by me with reference to the shop—I
have reasons for my doubts; those reasons are, that an enormous sum of money had been paid for goods, to the amount of several thousands; and that in looking over what that money had been paid for, I do not see sufficient grounds to believe that I have been honestly dealt with, even in that department—it has not turned out profitably—I sent there from time to time 2,000l. or 3,000l.-worth of goods—they have not paid their expenses under his management—when he left there was certainly no profit in the concern, not a shilling—I have great reason to doubt that all the goods sent there were fairly accounted for by him—I cannot state any goods that were not fairly accounted for; I can only look at the goods sent in, and the money returned, and, judging by the result, I am a great loser—that is not my only reason for judging that he did not act fairly by me; but also from seeing that so many acts of dishonesty as I believe, have been committed by Mr. Mellish, as I have found out; I mean with respect to these receipts—that is my reason, conjointly with finding that a great deal more money has been laid out, than I can at all account for now should have been laid out—those are my principal reasons—I believe Mr. Varnish is here; he was entrusted with the commercial part of the business—it was not his business to direct what goods should be sent to the shop in Regent-street, Mr. Mellish selected them himself, and had the entire management of the selection; Mr. Varnish did not overlook that; his department was what I should call the out-door commercial, calling upon merchants of different classes to see whether the goods could be introduced for general sale; but of the goods manufactured and sent to Regent-street he knew nothing, because they were entirely in Mellish's sole custody and management—I am not aware that he ascertained what goods were sent in, and what the returns for them were; I have great reason to doubt that he knew much about it, because an account was to be day by day returned to us by Mellish of what was really bought; but it accumulated from time to time, and we had to take it as a whole—I think stock was first taken of the goods in the shop in Regent-street at Christmas; I am not quite sure—I am not aware that any complaint was made; there were complaints that the thing was not answering the purpose, as had been represented to us; that the returns for the money were not so good as I expected—there was no complaint made to Mellish of any deficiency in the stock, or as to any article sent there not being accounted for—I used to say repeatedly, that it did not appear to me, from the money we were expending, that there was a sufficient return, or even a guarantee that there would be—I never called his attention to any ground of complaint, as to the manner in which he or his wife had dealt with the articles entrusted to them; nor did I t any subsequent stock-taking, nor when he left in May; stock was then taken, I believe, by Mr. Varnish and Mr. Dean—I believe no complaint was made then—I stated at the police-court, in Mellish's presence, that I had great misgivings on the subject, that was in Oct., 1851—I had no means of making inquiries as to how the stock had been disposed of, further than by looking over the invoices; I did look over the invoices, and I went to Regent-street and saw the stock; but I did not myself go over it; I never took stock myself—I took no other steps—I have no means of stating any single article that was sent to the shop which he did not account for—I have no means of proving a single article—I doubt extremely that every article was accounted for—I never called his attention to any article—I merely called his attention to what I thought an extravagant expenditure, without any apparent adequate return; I never went farther than that.
COURT. Q. As I understand you, you did not pay sufficient attention, or
exercise sufficient vigilance yourself about this matter to be able to say with certainty whether something wrong was done or not, in any individual instance? A. I did not; but I have the strongest impression on my own mind, and have had ever since Mellish was first taken into custody.
MR. SERJEANT SHEE. Q. Was this shop taken for Mellish by your firm, or did he take it himself. A. I really cannot answer that question—Mr. Varnish had more to do with it than I had—I really do not know whether Mellish took it, or Mr. Varnish—it was done by my afterwards consenting to it—I went there sometimes—there was a regular stock book kept—I cannot of my own knowledge say whether when be left, the stock was checked by that book—Mr. Varnish and Mr. Dean can tell—in Aug. 1850, Mellish and I became joint patentees of an invention for improvements in cutting, staining, and silvering glass—it was understood if I look the patent out and paid for it, that he merely as my workman should assign it for a consideration—I asked him to fulfil the engagement he had made, and he declined to resign his interests in the patent—I may perhaps state that the patent was never completed, for the machinery to carry it out bad never been made—I believe I asked him to sign a paper, which had been prepared by Mr. Cookney, and be refused to do so—I was displeased at his refusal to do that which he had agreed to do—I did not express my displeasure strongly—I said very little about it—there was no coolness between us on that account at all—there was no coolness at all until within a very short period of his leaving the service—I do not recollect a coolness—some two or three months previous to his leaving me, I had spoken to him of the necessity of having a person who could take the higher grade of work, and that I should be obliged to associate such a person in the work, and that raised a great coolness—that was the only disagreement we had—my impression is that he left, in consequence of my telling him that I intended to associate a person with him who would supersede him—he told me he should go—I cannot say whether he said be wished to leave on the next Monday—he said, he should go immediately—he gave a week's warning—he was a weekly servant—I am not aware that be came afterwards, and said if his going then was inconvenient to me, be would stay a week or a month—I never heard of it—no doubt something took place between him and Mr. Varnish, before he left—he did not when he left leave his papers behind him—there are a great many bills wanting, and many receipts that we cannot find—while he was in the service he bad a wages book, and a pattern book, and he had books of his own which I cannot enumerate—I believe he had a cost price book—I am not quite sure whether he had the sole management of the cost price book, or conjointly with the cashier, but it was his pricing—it was his business to ascertain the cost price of every article—I believe the cost price book is here—I do not remember what other books he had—I cannot say whether he had a petty cash book he left the wages book and cost price book behind—after Douglas came, I believe it was his duty to keep the time of the men who were employed on the premises—I cannot say how he did it—this is the wages book—it contains the names of everybody employed on the premises with the number of hours each person was employed—with respect to the outdoor men, it was Douglas's duty to do what Mellish told him—he was to act as his check—this is Douglas's writing in this book.
Q. In the course of the outdoor work, did it at one time become the course of business that there should be two bills of parcels made out, or two accounts, one stating the detail of the work, and the other merely the amount? A. Such a circumstance took place, but it was totally unknown to me for many months—I knew nothing about it until within a very few weeks of
Mellish leaving the concern—Mellish had the entire control—I had no power over him—Mr. Varnish did not suggest that mode of conducting the business—it only came to his knowledge at the time it came to mine—I know that—I believe Mr. Varnish is here—Mr. Dean is my cashier—I made constant inquiries as to the mode in which the business was conducted, between him and Mellish and Douglas, but I did not go into Mr. Dean's books, as that was Mr. Varnish's particular department—since tin's prosecution I have learnt that the system of double vouchers commenced immediately on Douglas coming—I have ascertained what the system was then—it was this—Douglas obtained from Mr. Dean every Saturday a certain amount of money, to pay the workmen—he sometimes gave an I O U, for that money—I am not quite sure what acknowledgment he gave Dean—I know that Dean gave the clerk money every Saturday to pay the workmen, and early in the next week he produced vouchers to Dean for it—I have since seen some of those vouchers.
MR. CLARKSON. Q. Was it the duty of Mellish to inspect the prices of the outdoor men, as well as the amount of the wages of the indoor men? A. Certainly; and by inspecting the wages book weekly, ascertain that they were correct, before the payments were made by the cashier—that was what he was hired for—the keeping of the wages book by Douglas was under the daily superintendence of Mellish—Douglas was a totally irresponsible person as far as I was concerned: Mellish was the only person who employed the clerk.
EDWARD VARNISH (examined by MR. SERJEANT SHEE.) I was a partner of Mr. Thomson—my department was more the counting house department, the opposite side from the manufactory—the manufactory was in Wells'-mews, and the counting house, and warehouse department, was in Berner's-street—I was not acquainted with the course of dealing between Mellish and the workmen—we left it entirely to Mellish—before I went to join Mr. Thomson we were bound hand and foot to Mellish—he had made an agreement with him to leave him the whole and sole control, therefore I could have no control in the matter—I had the means of knowing generally what the course was, but not particularly—I do not recollect what the course was, before the system of double vouchers commenced—it did not come under my notice—money was advanced by me, for the workmen, in check to Mellish, before Douglas came—I gave a check every Saturday, to pay the sums required—I remember Mr. Dean, the cashier, desiring that he should have the vouchers given to him for the moneys which he disbursed, and I was told by Dean that Mellish in the strongest language refused to give them up—directly after I heard of it, I went over to Mellish and said, "Mellish, I understand you refuse to give up the original invoices, which I have been requiring from time to time, to check the accounts"—I had been passing accounts, for which I had no vouchers, and I objected to go on so any longer—he did not exactly give any reason for objecting to give up the vouchers, but immediately I asked him he seized up a roll of papers—I said, "I must have these things to assure me that such and such sums have been paid"—he went with me to the front of the premises, threw the roll of papers on the table, and said, "There, Sir, I have been in the habit of handing to Mr. Dean these vouchers from month to month, and he has steadily refused ever receiving them"—I asked, "What are these," and so on; and then I found for the first time that there had been a system of duplicate invoices—till that day I never knew of it—I do not think I had learnt it from Mr. Dean—the invoices that Mr. Mellish took up and brought into the front premises with me were not the detailed ones—I did not lock at them—Mr. Dean said those were not the things he
wanted, he wanted the original invoices—Mellish told me his reason for keeping the detailed accounts was for reference—he did not say it was to make up the cost price book; but in case of need, if he wanted to see that the men did not over charge this month for what they had done last month, he could refer to the invoices to see what the price was—it was then that I for the first time ascertained that a system of duplicate accounts had been introduced, and I said to Mr. Dean, "Suppose we compound the thing in this way, to take the duplicate invoices, you first seeing that they agree with the original invoices?"—I do not think I can tax my recollection as to the date of this—it was not very long before I left—it must have been several months after Douglas came—I was the party to propose the compounding for the duplicates as we could not have the originals—after I had proposed that, the system of double vouchers commenced, and continued as long as I was there.
COURT. Q. Then you proposed that they should have two sets of invoices? A. No; when I found two sets were in existence, I proposed that if Dean would put his initials with those of Mellish, I would, in that case, accept them as being correct; and if they were not correct, I blamed Mr. Dean for not seeing that they were true copies of the originals—I consulted Mr. Thomson, and we ultimately acquiesced in that arrangement, that Mellish should keep the originals, and that Dean should have examined copies—I understood it was Mellish's desire to have the originals for reference with respect to charges.
Q. Why would not the copies have done as well for Mellish at the originals? A. I should have thought they would have done quite as well—I do not think I suggested that to him, as he so strongly declared he would not part with the originals—it did not occur to me, for when I agreed that Dean's initials should verify them, I thought that would do.
MR. SERJEANT SHEE. Q. Did you not perfectly well understand that the duplicates, as you call them, were not exact copies, but what I call a per bill merely, not a detailed bill with items? A. Exactly, merely amounts.
Q. So you assented at that time to that course of business being continued, that a duplicate, as you call it, but the mere amount of the detailed bill, should be sent with the wages book to Dean, in order to satisfy him that the amount claimed by Douglas was the right sum for the wages, and that Mellish should keep the detailed bills which the tradesmen brought in? A. It was then so agreed.
COURT. Q. You mean a bill containing only the amount, "Smith's bill, 20l.;" "Brown's bill, 30l.," and so on?" A. Just so, that sort of bill-Dean ought to have compared those with the originals, and see that they were correct statements of the accounts.
Q. Then there was a very good reason, of course, for those duplicates not doing so well for Mellish's purpose, as they did not contain the items? A. certainly, there was a good reason for his holding the originals.
MR. SERJEANT SHEE. Q. In fact, was it not after that arrangement was made, the course that each tradesman or workman should bring two bills, one the summary, and the other the detailed one? A. I should say not, because it had been in existence some time—it continued afterwards as long as I was there—that was the course with the outdoor workmen—Dean had the wages book and the per bills presented to him, and either received from Douglas the difference of what he had paid to him on the Saturday previous, or gave him more money if he had not enough, and, in order to satisfy himself that the per bill was the correct account, he required to see Mellish's initials in the corner—Mellish kept the detailed bills, and certified by his initials that the amounts were
correct, and then the accounts were adjusted for each week between Dean and Douglas—from what My Lord has just now observed, I should say that Mellish certainly could not have made out the cost price book without keeping the detailed bills, containing the items—that was certainly a good reason for his keeping them—I left the concern just after Mellish—I think he left the item accounts behind him—I think he left almost everything, but I was very little in that department—he left the books—he must have left the item accounts, because they were discovered in his drawer—I can hardly say that he left on bad terms with Mr. Thomson—Mr. Thomson and Mellish did not agree—I do not know that Mellish insisted that some of his drawings should be destroyed before he left—when he left, he went back to his place in Great Portland-street—he remained in the neighbourhood, and was backwards and forwards in the trade as before—in the course of his employment I went with him three times to Paris—we were absent rather less than a week each time—I also went with him to Stourbridge, and he was at York for some time—that was after Douglas came—I have no doubt that all the stock of the shop in Regent-street was properly accounted for—it was not my department to attend to the taking of the stock, but I examined the accounts from week to week of money paid, and when the stock was taken I examined it twice, and it strictly agreed—I have no reason now to doubt that it was fairly conducted—I have no doubt that he conducted himself honestly and fairly in our employment in the transactions at Paris and elsewhere—he was constantly employed for us, from the morning till late at night frequently—in the evening he would go down to Messrs. Powell's glass works, and be there perhaps half the night, getting things made under his own inspection—they were things which he had designed, made drawings of, and carried out—that was perhaps three or four times a week—he was also obliged to examine every article which had been made under his direction by the outdoor workmen, and see that it was properly made and determine the price to be properly charged for it—he was constantly occupied in the business—his employment was quite general—he had the sole management—Mr. Thomson and myself had no control; we left it entirely to him—I had no knowledge of the trade myself, nor had Mr. Thomson—I simply brought in capital, and was not bound to he there at all, but I used to attend to the counting house department—Mellish saw the persons with whom we had to deal with respect to articles wanted to purchase—he was the only person that could answer—his time was quite occupied, I think a great deal more than the eight hours which he had engaged to devote to it—he had to superintend between thirty and forty workmen on the premises—he also, to our knowledge, carried on his business in Great Port-land-street during the time he was so employed by us—we objected to it, and wished him to get rid of it as soon as he could—I think it was somewhat inconsistent with our arrangement—it was agreed that he should go on for some time in order to see if his arrangement with Mr. Thomson suited him—that was, I think, up to June or July—we never made it a point that he should discontinue that business—we did not like it, but connived at it—we tried to get rid of it as soon as we could—at the time Douglas was employed, I was satisfied that Mellish had more business to attend to than he could manage—it was suggested both by myself and Mr. Thomson that he should have assistance long before Douglas came, and from time to time his answer was that he could not find a person to suit him, it was difficult.
COURT. Q. Who were the tenants of the shop in Regent-street? A. It was conducted by Mrs. Mellish, and Mellish had the upper part of it for his own use, rent free—I think the rent of the house was 320l. a year.
MR. SERJEANT SHEE. Q. How long had this patent for silvering glass been in use for the sale of articles to the public? A. Not much above a twelvemonth; the first few months were lost in planning and designing—there was no absolute sale; there was no sale till Mellish came—it was he that invented the double hollow—I think that was invented from about a fortnight or three weeks to two months after he came into the employment—I do not think we made inquiries about Douglas before he was employed; I only ascertained who his connections were, and what he was previously, from what I heard in this Court the last time I was here—I do not know in what manner the time of the indoor workmen was taken, that did not come under my inspection.
MR. CLARKSON. Q. Have you furnished a statement to the other side of what you were prepared to state? Q. Have I furnished a statement? if you mean a paper, I have—I was examined as a witness for the prosecution on the first trial—I am aware that the Secretary of State directed another indictment to be tried—I should think it was not my memorial that produced that—I did not memorialize the Treasury—I signed a paper, in conjunction with Mr. Lund and Mr. Powell, of what I believed to be true—I do not think it was a memorial—I do not know that I was called for the prisoner on the second trial; I was called here as a witness, and I gave my evidence—I am not aware that I was called for Mellish—for aught I know, I was called by you—I was called, and examined by Mr. Chambers in very few words—he appeared for Mellish.
COURT. Q. Who are you called by now? A. Well, I was called into Court, and I came in when my name was called—I am quite willing to give my evidence.
MR. CLARKSON. Q. Have you seen the attorney for Mellish since the first trial? A. I have seen him; I have not been to his house—I have had nothing at all to do with him—I have not been examined by him—I did not give him my examination—I did not write a paper for him; J wrote a paper for Mr. Lund and Mr. Powell—I did not send to Mellish's attorney any statement of what evidence I could give in his favour—I did not send it to anybody—I went with Mr. Lund, to an office in Guildhall-yard, and signed a paper, a declaration—that must have been two or three months ago; that was after I was examined in the first case—I never sanctioned anything in the form of double vouchers until Mellish told me he would not give up the originals—as near as I can recollect, that was about a month or six weeks before Mellish left—I have not found out how long Mellish had been keeping double vouchers; it was some months—I do not know whether it was eversince Douglas came, but very likely—I assented to the double vouchers, because I could not get the originals.
COURT. Q. Dean, I suppose, assented from the beginning? A. No; Dean refused, and I said, "I cannot go on any longer passing these sums without having something to vouch for their truth"—before that, we had gone on completely in the dark without any vouchers at all—I have no doubt that Dean had required them from the beginning, and had done all he possibly could to get them—he had not acquiesced in Mellish's plans—it was in this way: I said, "Again another month, and nothing to show for these sums"—there had been previous months, during which there bad been no invoices nor any memoranda at all, simply amounts, which I bad to pass as being correct without knowing whether they were so—the books were put before me at the end of the month, and I passed them without knowing whether they were correct or not, so I said, "I cannot go on any longer in this way; I most
have the originals before me"—Dean said, "I cannot get the originals; Mr. Mellish will not give them up"—Dean had merely taken a memorandum of the accounts, which I passed—afterwards, I made them more authentic by causing Dean to examine each of them with the original voucher, and see that the amount was correct, and causing Mellish to put his initials upon them—that was the compromise; as we could not get the originals, we took them so—Mr. Thomson and myself were quite ciphers as to the mode in which money was expended—we had the means of examining the books and inquiring, but we had such confidence in Mellish that we left it to him—if I or Mr. Thomson interfered it was unpalatable to Mellish, therefore we kept aloof somewhat in consequence.
SAMUEL WILLIAM PERRY . I am a silversmith mounter. I was in Mellish's service—I afterwards came into the prosecutor's employ—Mr. Mellish engaged me on 5th Aug., 1850—he settled the amount of my wages, 20s. a week—I am still in the service; my wages were raised to 22s. a week in July—from 5th Aug., 1850, to July last year, I did not receive more than 20s. per week—some time before I was examined before the Magistrate I saw the wages book on the desk—I looked into my own amount of wages, and in consequence of what I saw I made a communication to Mr. Thomson—on the week ending 31st Aug., 1850, I did not receive 24s., only 20s., and also for the week ending on 7th Sept. (MR. CLARKSON stated that by the wages book, which was put in, the wages of the witness appeared as 24s. a week.)
Cross-examined by MR. SERJEANT SHEE. Q. Were your wages raised at any time after Mellish left? A. Yes; in July, 1851, to 22s.—Douglas kept the wages book during the time Mellish was there, and after he left; I know Douglas's handwriting, I have seen him write—I believe this book is all in his writing, it was his place to write it—I never received 26s. a week—I am "Perry, Jun.," I did not receive 24s. on 31st May, 1851—(it was stated that 26s. was entered to "Perry, Jun.," at that date, which was after Mellish had left)—the porter checked our time as we came in, and told Douglas—we had to go through the office in which Mr. Mellish and Douglas sat, to go to our work.
Cross-examined by MR. RIBTON. Q. Do you know whether Douglas had been in the habit of advancing money on loan to the men? A. I did hear that he advanced a loan to a man—I do not know it of my own knowledge—he has not advanced any to me—I once lost time to the amount of a few shillings, and I asked him not to take it all that week, if he could oblige me, and he did so till the next week; he never lent me any money.
MR. CLARKSON. Q. If Mellish had looked as you did at that book, must he not have seen that the amount represented to have been received by you was over? A. Exactly so; it was on 22nd Sept. 1851, that I saw the book—I never saw the book to read it but that once—I have seen it on Mellish's desk—the wages book used to be referred to before the payments were made to the servants—it was a part of the duty of Mellish and Douglas too.
JOHN PERRY . I am by trade a glasscutter. I was in the employ of Mr. Thomson—Mr. Mellish engaged me—I did not know him before—he arranged my wages, they were to be 26s. a week—I was paid at that rate every week, except in April, 1851—on 8th April I was taken ill, and remained at home until 23rd—I did not receive my 26s. a week in the interval, I belonged to a club, by which I sustained myself—I received nothing at all except 5s. 8d. which Douglas sent me.
Cross-examined by RIBTON. Q. Had Douglas been in the habit of advancing you any money as a loan? A. None at all.
CHARLES KAY . My proper name is Bismire, but I have always gone by my mother's name, Kay. I am a mounter, and have been in the prosecutor's employment ever since the firm first opened—I was at work for Mr. Mellish before he engaged me for the firm—I had 22s. a week with him, and he gave me 2s. more when I worked for Mr. Thomson—I was taken ill on 18th March, 1851, and I remained ill seven weeks—I did not receive any wages during that time—(Mr. CLARKSON stated, that by the wages book it appeared that 24s. a week was paid to the witness for the seven weeks in question.)
Cross-examined by MR. SERJEANT SHEE. Do you remember how your time was ascertained? A. Only by seeing the men come in of a morning; Douglas was almost always there of a morning, and also when we came away—he always kept the slate, and put down the number of hours we were employed—if I lost any time it was deducted out of my money—sometimes when I went to work only Douglas was there; sometimes Mr. Mellish was in, and sometimes not, it was Douglas who ascertained the time we were employed—I sometimes worked overtime, I then received additional wages—at the time I was ill for the seven weeks, I believe Mr. Mellish was much engaged in getting up things for the Exhibition.
MR. BALLANTINE. Q. Where would that take him to; where was he engaged? A. In Wells'-mews—that is where the wages book was kept, and where we were paid our wages—I was in the habit of seeing him nearly every day when I was at work there; I never spoke to him, or he to me, about the wages.
COURT. Q. How many hours made a day? A. Ten hours—my wages were 4s. a day; if I worked overtime I was paid at the same rate—to entitle me to 1s., I must work two hours and a half—two hours and a half, or three hours was the most I could do—there was very little overtime working—I never got 3s. or 4s. in a week for overtime; perhaps we might work overtime one night a week or so.
ROBERT HENRY HORNE . I am a glass polisher, and was in Mr. Thomson's employ. My wages were 23s. per week—I was ill from 8th March last year, to the 22nd—I received no wages during that time—(23s. was entered in the wages book as paid to the witness on 22nd March.)
WILLIAM SUTTIE . I am a glasscutter, and was employed as an outdoor workman for the prosecutor's firm. I worked by the job, and delivered in my account on Saturday night—I delivered in two accounts, one containing the items, and another merely the amount—I delivered them sometimes to Douglas, and then Mr. Mellish would look over them to see that they were right, and I was paid my money—I sent in two accounts, because I was asked to do so by Douglas—he did not give me any reason for it—Mr. Mellish hired me, and fixed the rate of payment—I had worked for him before—I delivered in this bill (produced) on 22nd Feb. 1851, for 15s. 4d.; this has got the items—this other is the duplicate bill, it was for 15s. 4d. when I signed it, it is now for 1l. 15s. 4d., the 1l. has been added; I only received 15s. 4d.—I do not know Mellish's writing—this bill of 15th Feb. has been altered from 9s. to 1l. 19s.; this bill of 12th Oct. 1850, has been altered from 1l. 2s. to 1l. 12s. 8d.; this one of 7th Sept. 1850, from 15s. to 2l. 15s.; this of 14th Sept. 1850, from 1l. 0s. 10d. to 1l. 10s. 10d.; this of Aug. 24th, 1850, from 13s. 8d. to 2l. 13s. 8d.; this of Aug. 17th, 1850, from 1l. 7s. 4d. to 1l. 17s. 4d.; and this of 10th Aug. 1850, from 10s. 6d. to 2l. 10s. 6d.;
they all bear my signature—(all these bills, except that of 7th Sept. 1850, bore the initials, "T. R. M.")
Cross-examined by MR. SERJEANT SHEE. Q. Were all the per bills written by Douglas? A. This one was, and I signed it—he told me he had lost one of my bills, and made out this one for me to sign; I signed it without considering much what I was signing; I took his word for it—that happened once, twice, or thrice.
WILLIAM BENSON LEE . I am an engraver on glass, and have been employed by Messrs. Thomson. I formerly worked for Modern and Co., the pencil makers, when Mellish was in that service; I knew him then, but was not acquainted with him; I do not know that I ever spoke to him—about two years ago I applied to him for work at Messrs. Thomson's, and he gave me some; he agreed as to the price I was to be paid—when I took in my first bill, he said that be required two bills—this (produced) is my first bill; it is dated 17th July, 1850—I received 8s. on that occasion, Mellish was present when I was paid; this per bill of the same date is for 2l. 18s.—that is 2l. 10s., more than I received—on 27th July I took in another bill for work done, and received 10s.—this per bill is for 2l. 10s. (these two did not bear Mellish's initials)—on 30th July, 1850, I received 8s.; this is the item bill; the per bill is 2l. 18s.—on 17th Aug., 1850, I received 1l.; this per bill is for 4l. 10s.—on 14th Sept., 1850, I received 1l.; this per bill is for 4l. 10s. (the three last bore Mellish's initials.)
Cross-examined by MR. SERJEANT SHEE. Q. On what days were you usually paid? A. When I took home my work; there was no particular day—I was never asked by Douglas to sign a bill instead of one that he had lost.
WILLIAM ROLFE . I am a glass cutter, and was employed in this firm. Mr. Mellish employed me—I did not agree with him as to what I should be paid—I was to do the work, and I took my bill in according to the prices paid for the labour, and there was never any dispute—Mr. Mellish was acquainted with the prices—these (produced) are the bills I sent in—the amounts in the per bills have been altered—(These being read were, 12th Oct, 1850, 9s. altered to 4l., 19s.—18th Oct., 1l. 8s., 4d. altered to 4l. 18s. 4d.—20th Oct, 1l. 5s. to 1l. 15s.—26th July, 11s. 6d. to 2l. 1s. 6d.—3rd Aug., 16s. 10d. to 2l. 16s. 10d.—8th Nov, 1l. 1s. to 4l. 17s.—7th Dec., 13s. to 4 1, 13s.—17th Dec, 9s. to 2l. 19s.—4th Jan., 1851, 1l. 10s. 8d. to 4l. 10s. 8d.—18th Jan., 18s. to 2l. 18s.—and 11th Jan., 1850, 1l. 17s. to 4l. 17s.; all bearing the initials T. R. M.)—I received the smaller amounts in all these instances.
Cross-examined by MR. SERJEANT SHEE. Q. Did it ever happen to you that Douglas said to you, I have lost the short bill you gave me, here is another, will you sign it? A. Yes; there has been one instance of that, not more—I only brought one bill for a certain time, and then I had to bring a second, a per bill; that might be about fourteen, fifteen, or sixteen months from this time; I cannot say to a month or two—I think all these per bills must be in Douglas's writing, the signatures are mine—I did not make out the per bill, and bring it with me; they were made out at the workshop, and I signed them—the item bills are my writing.
MR. BALLANTINE. Q. Is the per bill sometimes in your writing, and sometimes written by Douglas? A. I do not see any one instance where the per bill is my writing—I am sure I did not sign to these increased amounts—I made out the per bill, because I was ordered to do so by Douglas; Mr. Mellish has not been present in any one instance that I recollect when I
made out the per bill—Mr. Mellish hired me; I should say he was a very excellent judge of the value of the work done.
Cross-examined by MR. RIBTON. Q. Do I understand you that the per bills are in Douglas's hand-writing? A. Yes; he made out the per bills; I know it so far as this, that I do not think I can have a better proof of it than seeing a man write.
THOMAS HARRIS . I am a glass stainer, and worked for Messrs. Thomson and Co. This bill of 14th Dec, 1850, is my writing; it is for 14s. 1d.—this per bill is for 3l. 14s. 1d.; that is not my writing—it has my signature at the bottom—I only received 14s. 1d. (This bore Mellish's initials.)
CHARLES HUNT . I am a gilder. I was employed by Mellish to work for this firm—I sent in double bills; one an item bill and the other a per bill; I was ordered to do so—I was not ordered myself, but the young man that worked for me was—this bill is not my writing or my signature; it is my son's signature; perhaps he had better look at them.
CHARLES HUNT . jun. Three of these bills are my writing, and one is my father's—I received the money mentioned in these three item bills—I find the amount has been altered in the per bills—(These were 26th Oct, 1850, 17s., altered to 3l. 17s.—8th Feb., 1851, 3s. 6d. to 3l. 13s. 6d.—21st Dec., 1850, 2l. 6s. 10d. to 2l. 16s. 10d.; and 25th Jan., 185l. 1l. 2s. 2d. to 1l. 12s. 2d.; all bearing Mellish's initials.)
Cross-examined by MR. RIBTON. Q. Who was it paid you the money; do you recollect? A. No; Douglas was in the habit of paying me.
BENJAMIN DEAN . I am cashier and book-keeper to Messrs. Thomson and Co. These per bills have passed through my hands—the initials "T. R. M." on them are, to the best of my knowledge, in Mellish's writing—one of them, of Sept., 1850, has no initials—the body of the bills are, I should say, in Douglas's writing; I have no doubt of it—I have seen him write very often—up to a certain date in July or Aug. I should not have passed these bills for payment to Douglas but for Mellish's initials being to them—I paid the money to Douglas in a lump—after July or Aug. I should not have passed the bills without Mellish's initials, without making some inquiry—I have gone through the wages book, and find that in all the instances the amounts of the per bills are entered as the actual payments made; that is, the increased or false amounts—the wages book passed through my hands every week—I find in the cases of Perry, Kay, and Home, the larger amounts are entered, and for the weeks during which they were absent.
Cross-examined by MR. SERJEANT SHEE. Q. Were you cashier when Mellish went there? A. I went on 2nd April, 1850; I believe Mr. Varnish attended to my duties before that—for some time after I went there the system of payment of money to Mellish for wages continued the same as it was when I first went—on a Saturday a certain sum was asked for, which I paid, and for which I received vouchers, and settled the difference on the Monday or Tuesday following generally speaking: they gave me an I O U for the amount I paid, which I put into the cash box, and returned, when I was satisfied that the vouchers were correct—Douglas was there shortly before me—it was Douglas who asked for the sum on the Saturday, and afterwards accounted for its disposal—he then brought to me the wages book, and the per bills receipted by the workmen—almost all those bills had Mr. Mellish's initials, with some few little exceptions—I inquired into those comissions very particularly after July or Aug.—I insisted on seeing his initials to the per bills before I passed them—I cannot recollect whether in July I expressed a wish to have the item bill as well—there was some question
raised about the initials at that time—I have tried to recollect the circumstances, and I cannot; I cannot say whether my employers knew of the system of bringing the per bills with the wages book, but they were always presented—after I had compared the per bills with the wages book, I returned them in the book, on the Monday or Tuesday, to Douglas—I kept them perhaps till Monday or Tuesday—I would have them for a few hours to balance my cash—if, on comparing them with the wages book, I found the sum he had received was too much, he would pay me the difference; if it was not enough, I should pay him the difference—as to the correctness of his statement of the amount he had expended, I had no security except the initials of Mr. Mellish.
COURT. Q. Was any explanation given to you at any time why there should be per bills as well as item bills? A. I think on one occasion it was said, that as the items were charged, they were able to check the work from them—if I had had the item bills brought to me, with the signature of the workmen to them, I should have been more satisfied—whatever bills were brought to me were not retained by me, but returned to them.
Q. What I want to know is, if they ever explained to you, or are you able yourself to explain, why they should go through the form or ceremony of having the per bill as well as the item bill? A. No; I do not know, more than they were brought to me to check the book with—if the item bills had been left with me, as the per bills were, that would have been no impediment to the use of them by Mellish, for the purpose of pricing the articles to be sold, they would have been returned by me on the Monday—the time I kept them would not interfere with the use of them—the per bills were sent back by me to Douglas—I do not know what was done with them after that any more than with the item bills; after Mellish left, the per bills and the item bills were found in his room.
MR. SERJEANT SHEE. Q. Did not Mr. Varnish express a wish that the per bills should be pasted in a book? A. No, that was my suggestion; I did not hear him assent to it—I meant, pasted in a book by me, and returned to their office, to be kept for their use, to refer to by any one that went into the place.
COURT. Q. What bills are you speaking of now? A. The item bills, or any bills—I do not recollect that it was suggested that the per bills should be pasted in a book by me, and kept by me—the per bills afforded no information which there was any occasion to have recourse to, except checking my book—the item bills did, and those I thought might be conveniently pasted in a book, so as to be seen with less trouble than if they were filed.
MR. SERJEANT SHEE. Q. Did you, in point of fact, paste any of the per bills in a book? A. None—I do not exactly recollect the time when the system of per bills came to my employers' knowledge; it was at the latter part of the time—before that time I always returned the per bills, as I did afterwards—I had no voucher at all for the money I disbursed.
COURT. Q. You had the book, had you not? A. The book was kept in their department that charged me with the money, in their handwriting—I paid them money on their charges, satisfying myself of their correctness by the inspection of the per bills—I had no receipt—the wages book was the only acknowledgment on their part of the money I had paid—at the latter part of the time it appears in the book, but at first it did not (pointing it out)—there is a reference here to the folio of the cash book where the money is entered—this would show that I had received the money—here is the amount received, and the amount disbursed.
MR. SERJEANT SHEE. Q. If you had kept the per bills, you would have had a voucher against Mellish without the book? A. I should, and against Douglas too—the moment I had inspected the book it went away from me, and returned to the office in which Mellish and Douglas were—I had no occasion to look at it afterwards, unless any question arose—no question did arise before Mellish went—Douglas continued to send me the per bills up to the time he left—I do not recollect that that was at any time sanctioned by Messrs. Thomson and Varnish—I do not recollect it coming to their knowledge.
Q. Do not you remember yourself desiring that you should have some vouchers for the moneys you advanced, and asking to have the item bills? A. I think I do recollect something passing.
COURT. Q. Do you remember whether there was any time during which Mellish did not put his initials to these per bills? A. Yes; I recollect the time when he did not—that began at a certain time, I think three, four, or perhaps five months after I was there; about three months, perhaps—I cannot recollect the circumstance how that came to begin—I have tried to do so, and cannot.
MR. SERJEANT SHEE. Q. Let me endeavor to refresh your memory; was it not in consequence of a wish expressed by you that you should have some vouchers to keep for the moneys you disbursed, and a desire to have the original bills that were sent in by the workmen? A. I have asked Douglas several times for the original bills; I do not recollect doing so before the system commenced of having per bills with Mellish's initials; I think it was not—the accounts came up rather loosely, and I wanted to see the original bills—they came up in little bits of paper in Douglas's writing—the original bills never came up, to my recollection—the accounts were receipted by the workmen, but were in Douglas's writing—I wanted the item bills to see that they agreed with the wages book—I did not want to keep them for any time; I had no use for them—I did not keep them more than a day or a day and a half—I balanced the cash once every week.
COURT. Q. Where were they, while you kept them? A. In my room, in Berners-street, a different part from the factory altogether; it is under the same roof, but some distance off—if there had been a pressing necessity to see them they could have been seen in five minutes—sometimes, during the time when Mellish's initials were put to the bills, I kept them a day or a day and a half—I was not particular to an hour or so—it is so long since, I cannot recollect—I never beard Mellish assign that as a reason for objecting to my having the original bills—I do not recollect that he said I kept the bills longer than was convenient—I do not recollect his making any objection, no more than he wanted to keep them to make up his price book—I think I must have been only informed of the result of the discussion on the subject between him and Mr. Varnish, without any reason being assigned to me—I could go to Mellish's office when I liked—I did not go to his private room unless he was there—if I had any difficulty respecting the bills, I could go down and insist on seeing the original bills; I never did so—I considered I was entitled to do so if I saw any reason—if I had had an idea anything was wrong I certainly should have done so—I never knew where the item bills were kept until the last trial—I heard at the last trial that there was a file in the office where Mellish and Douglas sat, on which accounts were placed—I do not know it of my own knowledge—I paid Mellish's wages—I was not present when anything passed between Mellish at the time he left and his employers—I never saw him on the premises after he finally left—I have seen him once or twice
in Oxford-street since—I have only spoken to him once since he left—I know nothing of Douglas's family or connections.
MR. CLARKSON. Q. This matter was not discovered until after Mellish left? A. Not till Oct.; he left in May—I had no means of knowing what wages were paid to the indoor servants, or what the amount of the bills were.
COURT. Q. How did you give the money? A. In silver and gold generally; the amount varied from 50l. to 70l. a week—I generally paid it to Douglas—I may have put the bag into Mellish's hands, and said, "Here are the wages," but not generally speaking—the balance was struck every week—I generally made the settlement with Douglas; Mellish did not personally act in the matter with me—I may have handed the bag to Mellish in his office, Douglas not being there, that is, when I gave the lump sum; but when the balance was settled on the Monday or Tuesday that was always done by Douglas.
CHARLES WATKINS . I was superintendent of the works at Mr. Thomson's. I recollect 4th Oct. when Douglas was taken—I know the room that was occupied by Mellish on the premises—there was a library table there, and two boxes—the boxes were opened with a key found on Douglas; the same key fitted both boxes—the drawer of the table was opened by a locksmith—some of these vouchers were found in the table and some in the boxes.
Cross-examined by MR. SERJEANT SHEE. Q. This was a room with a double desk in it? A. It was a library table, but there was no desk—it was the room Douglas had occupied, as far as I know, since Mellish left—he had had access to it.
MR. SERJEANT SHEE to BENJAMIN DEAN. Q. Can you tell me the date of the first fraud that was discovered; was it in July, 1850? A. No, I can-not tell you; but here is July, 1850—I know that Mellish met with an accident—I cannot recollect whether it was about that time, or whether he was absent from business—after these frauds had been discovered, the accounts were gone through by an accountant to ascertain the amount which had been lost—I do not know the amount; he had it entirely to himself; we gave him the bills, and he made the amount out—I never saw the statement.
(A great number of witnesses deposed to the good character of Mellish.)
NOT GUILTY .
NEW COURT.—Wednesday, May 12th, 1852.
PRESENT—Mr. Ald. KELLY; Sir WILLIAM MAGNAY, Bart., Ald.; Mr. Ald. FARNCOMB; and Mr. COMMON SERGEANT.
Before Mr. Common Sergeant and the Fifth Jury.
LANE pleaded GUILTY . Aged 20.— Confined Twelve Months.
SMITH pleaded GUILTY . Aged 16.— Confined Four Months.
GUILTY . Aged 20.— Confined Three Months.
GUILTY. Aged 24.—Recommended to mercy. — Confined Three Months.
CHARLES BROWN (City policeman, 126). On Sunday, 11th April, about half past 6 o'clock in the evening, I saw Kendall in Little Moorfields with a bundle—I stopped her, and asked her where she was taking those things to—she said she was moving them for a woman, and said she was d—d if she would carry them any further—I took her to Green Arbour-court, and saw Davis, who pointed to the house next to where he lived, and said, "This is the house she came out of"—I took her to the station, and examined the bundle—it contained eight bed gowns, two pairs of drawers, six pillow cases, three shifts, twenty-two towels, eight petticoats, four handkerchiefs, three gowns, three shawls, one pair of stockings, two pieces of calico, a glove, and a pincushion—I went back to 4, Green Arbour-court, and saw Perry on the staircase drunk, it was then about 7 in the evening—as I was going up stairs she said, "Here I am, my boy; I will go with you"—I told her I should take her into custody, on suspicion of stealing the things from the parlour below—she said nothing, but when we got outside the house she said, "If that d—d bitch has done anything wrong, I know nothing about it; I asked her home with me to have a cup of tea, and this is the way she has served me"—this apron (produced) is what the things were wrapped up in—Kendall asked me on the way to the station to give her her apron.
Cross-examined by MR. SLEIGH. Q. To told her you had taken Kendall into custody, and she made use of those words? A. Yes; she was quite drunk.
MART ANN WARREN . I am single, and keep the house No. 4, Green Arbour-court. Perry lodged with me—I left the house a few minutes before 5 o'clock, and left the key with a child on the first floor for Perry—I came home about 7, or a few minutes afterwards—I found the room locked, but the officer had the key—I missed some dresses, chemises, nightgowns, and other things belonging to Naomi Rogers, who had left them in my care—I had seen them safe two or three days before—they were kept under the bed in my room, not in a bundle, but in a box, which was corded up—Perry had been living with me about ten days, but she had lived with me previously.
Cross-examined by MR. PAYNE. Q. You had not seen Kendall at your house at all? A. No.
Cross-examined by MR. SLEIGH. Q. You never had any cause to suspects Perry's honesty? A. No; she lived with me several weeks before.
JAMES ROBINSON . I live at 7, Green Arbour-court. I was standing at the door of 3, Green Arbour-court, about half past 6 or 7 o'clock, and saw Kendall pass with a bundle, walking very fast—I did not see where she came from—she dropped something, which I think was a shift—I picked it up, and gave it to the policeman.
ANN PECK . I am the wife of a policeman. I search females at the station—I searched Kendall at the station, and found a door key and a thimble, also a small bag and a piece of alum—she wanted to throw the bag down the water closet.
Mrs. Warren lives there. I saw her go out with a bundle just after 6 o'clock—the bell was just going for church—she left the key of the room for Perry to let herself in—she lived with Warren—I directed the key to be given to perry—she asked Kendall, who was standing at the door, in to tea—she went into the room Mrs. Warren lived in, but they had no tea—Perry was inquiring for two slices of bread and butter on the stairs, and while she was doing so Kendall went away with a bundle—I think Perry could see Kendall go, and about two minutes afterwards Perry locked the door, went down, and put the key over the cellar stairs.
Cross-examined by MR. PAYNE. Q. Did you see Mrs. Warren go out about five o'clock? A. Yes; she left the key—I saw Perry come home, she told the child to give her the key—they were not in the room ten minutes—I did not go into the room, but I was on the stairs, and saw her come out.
Cross-examined by MR. SLEIGH. Q. Did you see Kendall go out with the bundle? A. Yes; she was entirely by herself—Perry was insensible, not drunk—I had not seen Kendall that day before—I had seen her about a week before—I know her by her living close by—I do not know whether she had ever seen Perry before—I have only known Perry a week or two.
GEORGE DAVIS . I live at 3, Green Arbour-court. Between 6 and 7 o'clock on the evening in question, I saw the prisoners go together into No. 4—in about seven or ten minutes I saw Kendall come out with a bundle—I saw something drop, and sent the boy Robinson to pick it up—I then saw Perry come to the door, but did not see which way she went.
PERRY received a good character.— NOT GUILTY .
KENDALL— GUILTY .** Aged 41.— Confined Twelve Months.
MR. BODKIN conducted the Prosecution.
JOHN CHAPMAN . I am postmaster at Stoke. I have seen the prisoner's writing—I have seen these letters—I cannot swear that they are his writing—I never saw a great deal of his writing; I cannot say positively—I believe these three letters to be his writing; I do not think this fourth letter is—I am still postmaster—I do not believe this "Accepted, F. G. ELVES," on this bill of exchange, to be his writing—I do not know anything about that handwriting.
Cross-examined by MR. COOPER. Q. How often have you seen the prisoner write? A. Not perhaps more than three or four times; I cannot say what he wrote on those occasions—he was in my presence when he wrote—I cannot say how long it is since I have seen any writing of his; perhaps it may be a little over a year ago—I mean to say I have actually seen him writing—I do not know that I ever particularly looked at the writing after he had written it; I merely saw him write it—I am not in the habit of looking at the letters, unless they are very badly written indeed—I believe this to be the prisoner's writing—I think I can form a belief from the way I have seen him write—it appears to me to be just the same handwriting—it is a
very common hand—I have not seen a great deal of writing exactly like this—I have been postmaster three years—I think this is the prisoner's writing, from the manner of the letters, and, I think, from the "C."
JOHN VALE re-examined. This letter, dated Dec. 9tb, was the first I received—(read—"Stoke College, Dec. 9th. Mr. Vale. Sir,—I shall feel obliged by your sending me over three or four good diamond rings to choose from, by return of post. You had better register the letter. F. G. ELVES.")—I did not exactly understand the nature of the goods he required, and I wrote a note addressed to him, at Stoke College, requesting him to send a note, and say the price, and whether it was for a lady or gentleman; and on the 15th I received this letter—(read—"Dec. 14th. Mr. Vale. Sir,—I only received yours this morning, as I was called away to visit a friend, who is seriously ill, and not expected to live. I inclose you a ring, the size I require; the price about 15l. or 20l.; but I will leave it to you. I will send my servant over Tuesday or Wednesday for the assortment to look at. The ring is to make a present to a person who is going to be married next week, and I will send them back either Thursday or Friday. "F. G. ELVES")—on Wednesday, 17th, the prisoner called at my shop, introduced himself as Mr. Elves, and said he called to see the rings he had written about—I had sent to London for some rings, in consequence of the letter, and had them then in my stock—I showed him nine diamond rings—he selected four, which were together worth 86l.—he took them, on approbation, to select from, as he wanted one for a wedding present—he promised to return them on the Saturday following—there was a separate price on each—he came the following morning, and bought a bracelet, but I was absent—I think Saturday would be the 20th—as the rings were not returned on that day, I sent a note, addressed, "F. G. Elves, Esq., Stoke College," and on Tuesday, 23rd, I got an answer from the prisoner's brother, and by the same post I received this letter and bill of exchange—in consequence of the answer I got from Stoke College, I sent over to Stoke, and, hearing no tidings of the prisoner, I sent the whole correspondence to the police.
Cross-examined. Q. You have known the family residing at Stoke College, near Bury? A. Yes; I knew the father well; he is not alive now, I believe—I believe the property belongs to the eldest son—I believe the prisoner is twenty years old, and that he comes into his property when he is of age—Stoke College is under repair—the prisoner had been a customer of mine; his elder brother has not—I knew him to be of the family when he came to me—I found it to be correct—the price of the bracelet was four guineas—he did not pay for it—it was debited in my book—the rings were not debited—if I had been paid for them I should have been quite satisfied—it is a very common thing, when a person has a well-known house, for letters to be directed there, and to be forwarded—I was requested to send there—there was one servant there to take care of the house—the house was undergoing repair, and was uninhabited.
JOHN CHAPMAN re-examined. I received this letter (produced) by the post, I am not able to say on what day—in consequence of that, I forwarded letters to the address which is given there—(read—"Chapman,—I expect a registered letter to come to Stoke for me. Will you register it, and forward the same to me as soon as it comes, and I will send you stamps to pay you for it? When does my mother come to Stoke? Is my brother there now? and is King Viall dead? Perhaps when you send the letter you will write me word. Direct to me, '13, Colehill-street, Eaton-square, Police, London.'
Yours, &c, F. G. ELVES.")—this is the envelope of the letter addressed to me (produced)—it came on the 9th—(read—"Mr. Chapman, Post-office, Stoke, Halstead, Essex;" postmark, "Dec. 8, 1851"—in compliance with the request in that letter, I forwarded some letters addressed, "F. G. Elves, Esq., Stoke College," to the address in London the writer gives.
Cross-examined. Q. Have you been in the habit of sending letters to this young man, or his brothers, to other places where they were residing? A. Yes; since they have left Stoke—I have directed letters, and forwarded them on.
JOHN VALE re-examined. I have never seen the prisoner write, but I have received letters, and afterwards saw the prisoner and spoke about them, and acted on them—I think this letter of Dec. 22nd, and this bill of exchange are in his writing—(bill read—"Dec. 22nd, 1851. Four months after date, pay me, or my order 100l., value received; directed F. G. Elves, Esq., Stoke-college, Halstead, Essex; accepted at Messrs. Round, Shannon, and Co., Colchester"—not signed)—(letter read—"Dec. 22nd. Sir,—I should have written to you before concerning the diamond rings, but have been very unwell; and, as I am very short of money, I feel sure you would have no objection if I had them all, taking a bill for four months, giving you 10l. for the convenience, as you know my relations, and I shall then be able to pay you. I enclose you a bill at four months date for the amount, as I am in London for a short time; but perhaps you will write to Stoke, as I do not know where I may be for a few days. Yours, &c., F. G. Elves.")
JAMES BRANNAN (police-inspector, G). In consequence of information given to me I took the prisoner on this charge on 29th March, at Rawstone-street, Brompton—I was watching the house; he came out about 3 o'clock in the afternoon, and a young gentleman with him; they got into a cab; I stepped across the road and said, "Which of your names is Elves?"—his companion pointed to the prisoner and said, "This is Elves"—I said, "I am an inspector of police; I come to take you into custody for obtaining jewellery under false pretences, from a gentleman named Vale, at Bury St. Edmunds"—the prisoner said, "Stop a minute, don't make a noise, I will tell you all about it, step inside"—I accompanied him to No. 12, into a room up stairs; he told me to take a seat—I said, "What you say in this case I shall say to the Magistrate"—he said, "I shall withhold nothing; I was hard up for money at the time; I expect some money soon; my father dealt there many years, and I thought it no harm to get these things till I come to my money"—I asked him whether he had any pawnbroker's duplicates—he addressed his friend and said, "Pinson, you have got one of my duplicates, have you not?"—he said, "Yes;" and gave him one relating to a ring pledged for 10l.—the prisoner said, "The whole of the rings you will find pledged at Mr. Perkins's, the pawnbroker's, in King's-road, Chelsea—I took him to the police station, Featherstone-street—on the next morning, the 3rd, a female came there, whom he called his wife; she asked to speak to him—I said, "Yes; but it must be in my presence"—she said, in the course of conversation, that she pledged the rings at Mr. Perkins's—I said, "There will be no difficulty in finding them there"—she said, "I left three of the duplicates relating to the rings as security for 5l. at Jersey; we have been over there lately; there will be no difficulty, we will write for them;" and the prisoner said, "There will be no difficulty, we will write for them"—he then said two were pledged for 10l. each, and two for 6l. each, at Mr. Perkins's, and they were all pledged about the same time.
Cross-examined. Q. Did not be say he was coming into some property? A. Into some money, soon.
JOHN RATCLIFFE CHESTER . I am in the employ of Mr. Perkins, a pawnbroker, of Chelsea. These rings were pledged on 22nd Dec. by a female for 10l.—I produce the duplicate ticket; I also produce a ring pawned for 10l., and two for 6l. each.
JOHN ELVES . I am the prisoner's elder brother, and reside at Stoke-college, Halstead. He was twenty years of age on 29th April last—I think Nov. 1850, was the last time he resided there; an arrangement was made at that time which precluded him coming to the house afterwards—he bad no authority in Dec. last to write letters at my house—he is entitled to a few hundred pounds when he comes of age.
Cross-examined. Q. I suppose it was no great crime haying letters written from thence, or having letters sent by the postmaster. A. No.
GUILTY. Recommended to mercy by the Jury on account of his youth.
Aged 20.— Confined Twelve Months.
(There was another indictment against the prisoner.)
GUILTY . Aged 15.— Confined Four Months.
GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 16.— Confined Three Months.
ELLEN EMISON . I am the wife of William Emison. I was on Tower-hill, on 28th April; a person asked me if I had lost anything—I missed five half crowns, in a piece of paper, which were safe three or four minutes before.
JOHN CRAWLEY . I live in Rosemary-lane. I saw Emison on Tower-hill, looking at a man selling rings—I saw the prisoner standing alongside her—he put his hand through the lining of his pocket, and took a paper from her pocket—there were two others with him—they asked him what he had got, he said, "A piece of paper"—when they got a good way he showed it them—the lady came after him, and took hold of him, the other two ran away—I did not lose sight of the prisoner.
Prisoner. I was half an hour off the hill, when she came and said I bad robbed her; the boy said he saw me put my hand through my pocket, but I had no lining in my pocket; I asked some persons to look at it.
NOT GUILTY .
CALEB SCHOLEFIELD MANN . I am a clerk, in the Steam Navigation Company. I was in the Skin market, Leadenhall, on 7th May; I felt something touch my pocket—I turned round and saw the prisoner close to me, raising his hand from my pocket, with my handkerchief in his hand—he put it to his face, I seized him directly, and gave him into custody.
Prisoner. There was a man between him and me; I was two or three yards from him. Witness. No; he was close to me.
THOMAS FINK (City policeman, 60). I was in the market, and saw the prosecutor and prisoner struggling—I took the prisoner, and found on him this cigar tube, and this other handkerchief, tied loosely round his neck.
Prisoner. I saw a man take this handkerchief; he threw it to me, and the gentleman turned round and took me.
(The prisoner was further charged with having been before convicted.)
THOMAS BARNES (policeman, H 88.) I produce a certificate of the prisoner's conviction, at this Court—(read, Convicted, Oct., 1849, of larceny, by the name of John Monday, confined six days and whipped)—the prisoner is the person.
GUILTY. Aged 16.— Confined Twelve Months.
GUILTY . Aged 15.— Confined Four Months.
THIRD COURT—Wednesday, 12th May, 1852.
PRESENT—Mr. Ald. FINNIS; Mr. Ald. CUBITT; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Seventh Jury.
MR. THOMPSON conducted the Prosecution.
MATILDA COLE . I am the wife of Richard Alfred Cole. We keep a chandler's shop at Hounslow—on 27th April, M'Carthy came and asked if my husband was at home—I said he was not—he then said he had brought some tobacco down by the train for a gentleman at the large shop above, unfortunately he was gone out, and if I would purchase it I should have it cheap—I asked what tobacco it was; he said, "Shag"—there was 27 lbs. of it, and it was then at the railway station—he wished me to go there and see it—I agreed to do so—he went away—I went afterwards, and when I had got nearly there I saw him coming to bring it to my house—he then had a parcel—I lost sight of him for half an hour, and he then brought it to my shop—this sack (produced) is the parcel—it was wrapped in brown paper, with string round it, and sealed at each end—I told him I was not a judge of tobacco, I was not accustomed to buy it—he said any one could tell whether it was good tobacco or not—he opened the top of the parcel on the counter, and I saw some tobacco, examined it with some of my own, and it looked much the same—I told him I would not buy it without seeing it weighed; he put it on the scale, and it weighed 24 lbs. with the wrapper—he said he did not know how he had made the mistake about the weight—he wanted 2l. 6s. for it by taking the quantity—I had only 2l., and he said he must go and see the person who was in partnership with him, and if I would come up to the station he would tell me whether they would give credit for the other 6s.—he said
they were partners in a vessel, and had brought it over from Jersey free of expense—he left, taking the parcel with him—I went up and met him at the back of the street by the station, paid him the two sovereigns for the parcel, and he told me to be sure to get the 6s. ready by the Friday—I took the parcel and asked him to come home with me for the wrapper; he said that would do on the Friday, and told me I bad better keep it cool—I took the parcel home, opened it, and found some tobacco on the top, and I then saw a white bag, I opened that with a knife, and found it was sawdust—there was only a very small quantity of tobacco (produced)—I had asked him particularly if it was throughout like the top, and he said yes—I went directly down to the railway station to make inquiries for the man, and I saw the female prisoner about ten minutes after—she was alone.
Cross-examined by MR. WOOLLETT. Q. Does anybody else serve in the shop? A. My sister does occasionally—travellers frequently come, and the man came as a traveller—he did not produce any other package, but he told me he had sold a quantity of cigars that morning—we sell our tobacco at 4s. a pound—I told the man I thought this tobacco was a cheaper price than what my husband gave, and he told me be brought it over free, and was able to supply shops cheap—the parcel was wrapped in brown paper, and sealed at each end with the string—he told me I might examine it myself with my own tobacco, but he did not tell me to open the whole of it—when he asked me to go to the station to see the other person, I went down five or six minutes after him, and met him about five minutes' walk from the station with the parcel.
JOHN PATFIELD . I keep the Ship Inn, Hounslow. On 27th April both the prisoners came to my house—the woman asked if there was any house where they took in travellers—I said I could accommodate them, and they agreed to take a room—they had two of three different parcels—I do not know who carried them in, I was at the back part of the house when they came—the man afterwards went out and returned in half an hour, or twenty minutes—he was then in the house some time, and left again—I did not see him come in again, but I afterwards saw him in the house again—the woman took a large bundle away with her, larger than the one produced.
WILLIAM SERJEANT. I am a milkman, and live next door but one to Mrs. Cole. I was standing at my door, and saw the male prisoner go in to Mrs. Cole's with such a bundle as this under his arm—I bad never seen him before—I did not see him come out—about ten minutes or a quarter of an hour afterwards, I was standing opposite the Rose and Crown, and saw a man come out of a lane with a bundle under his arm, and buttoning his coat in a hurry—I turned round and saw the female prisoner come out of the same lane—I noticed her, because she had a black eye—I had not seen her before.
JOHN SCOTNEY (policeman, T 18). On 27th April, about half past 12 o'clock, I saw the woman in High-street, Hounslow—in consequence of inquiries, I traced her to a public house close to the railway station—I waited some time, and then asked her what she bad in her bundle, and I found a quantity of men and women's wearing apparel, and this piece of calico (produced) which corresponds in size and quality with that in which the sawdust is contained; it is stitched with the same sort of thread, and the string corresponds—I also found this piece of brown paper (produced), the edges of which exactly fit with the edge of the outer paper of the parcel—I also found a jacket, with remnants of tobacco in the pocket, and 15s. 6d. in money.
custody at the Three Tuns Inn, South all-green—I asked him if he had been at Hounslow that day; he said he had not—I told him I meant to take him into custody on suspicion of defrauding a woman at Hounslow of two sovereigns, under pretence of selling her tobacco—I searched him, and found half a crown, 6d., 4d., and 2d.
M'CARTHY— GUILTY . Aged 30. Confined Nine Months.
MILLS— NOT GUILTY .
516. FRANK STEVENS, alias Simpson , and CHARLES LAWRENCE, alias Johnson , stealing 3 rings, value 10l.; the goods of John Mott Thearle, in his dwelling-house: Stevens having been before convicted.—2nd COUNT, charging Lawrence with receiving, &c.: to which
STEVENS pleaded GUILTY . Aged 23.— Transported for Seven Years.
MR. SLEIGTH conducted the Prosecution.
JOHN SHELFORD . I am foreman to Mr. John Mott Thearle, of Fleet-street. On 29th April, about 2 o'clock in the afternoon, the prisoner Stevens came to the shop, and asked to look at some articles of jewellery—he selected a gold pin, a gold guard, a gold signet ring, and a wedding ring—he said he wished them taken to his residence, in the Temple, and wrote down the name of "Cuffley, 3, King's Bench-walk"—he said he was going to get a check, or to get a check cashed, and the goods would be paid for if sent home in three quarters of an hour.
Cross-examined by MR. M'MAHON. Q. Was Stevens dressed as he now is? A. Yes; I thought he was a respectable young man—I sent the goods by a man named Roughton—he is not here—I saw him leave the shop with the goods—I took particular notice of the articles selected—that is not the same property that was stolen—I have seen one ring since—Stevens left the shop about three o'clock.
COURT. Q. The ring you saw afterwards was not one you had sold him? A. To the best of my belief, it was one I had shown him.
FRANK STEVENS (the prisoner). I have pleaded guilty to this charge—I have also gone by the name of Henry Simpson, which is my real name—I have been in prison before, and came out on 16th March—on 18th March I met Lawrence in King-street, Covent-garden—I bad seen him in Coldbathfields prison—he asked me what I had been doing since I left—I said I had done nothing; I had been at home with my aunt and sister—I had told him in prison what I had been charged with—he said I was a foolish fellow, and he could tell me things that would bring me more money, with less danger to myself—I had never seen him before but in the prison—he told me a public-house be used of an evening, and the hours he was at home at his own house; and, also, that he always bad 2l. or 3l. by him; and if I brought anything, he would buy it of me—he asked me to come to his house next morning, and go out with him—I went about half-past 10; and we have made appointments since that time, and, unless I have been too late for him, we have been out almost three days every week since, and always shared the same purse—on 29th April I met him about half-past 10, and was with him the remainder of the day, excepting at dinner and teatime—we passed the prosecutor's shop, in Fleet-street; and he told me to go in, as there was no one of any consequence there—I went into the shop, parting with Lawrence next door—I have heard the statement made by Shelford as to what took place in the shop, and I took three antique rings clandestinely—I came out, and joined Lawrence at the corner of Bell-yard—he pulled out his watch, and said, "What a long time you have been in there! I think it is an hour and a half; have you done
anything?"—I said, "Yes," and showed him the rings, with the prices on the tickets—he said, "Give me the rings; it will not do for you to have them about you, if they come after you, and destroy those," meaning the tickets—I went with him towards Carey-street; and when we got to the corner of Bell-yard and Carey-street, he said to me, "Walk on the other side of the way;" and I did so, and joined him at the other end of the street, and he had the rings in his possession till we got to his house, in Bridges-street—he then asked me if I would have any dinner, and I said, "No"—there was a person living with him, whom I was not very good friends with; and I took the three rings, went and had my dinner, and went back to him when I thought he would be ready—we then went out together, direct to Mr. Young's, in Princes-street, Soho—I took a ring into Mr. Young's, while Lawrence waited outside, and offered it for pledge—they offered me 2l. on it—I would not take it, and brought it out again—I then took it to another pawnbroker's. higher up, while Lawrence waited outside—I did not take what they offered, brought it out again, and went to several other places with it—about teatime we went towards Lawrence's house again—he asked me to have some tea—I said, no, I was going home—he asked me to give him the three rings, as he thought he knew a place in the City where he could sell them, and he would meet me at half-past 9—I then borrowed 5s. of him—I did not meet him at half-past 9; I did not go; but I met him after 12, at the Sheridan Knowles, and he then bad two of the rings, one on each little finger, the best one, and the one he was afterwards stopped with—these are them—these (produced) are two of the three I stole from Mr. Thearle's—I asked him for the other one, and I put it on, and wore it that night—I kept that one all night, and he kept the other two—he showed one of the rings to the conductor of the rooms, and said he had been offered 5l. for it—we were to have met next morning, at half-past 10—I did not go, and he came to my place at 11—he then had the two rings on—he said, "Give me the other one, and while you are dressing I will take them into the Waterloo-road; I think I can get rid of them"—I gave him the ring I bad, and when he came back I had it back again, and the other two—the one I had is not here—he came again after dinner, and said, "You may as well go back to Mr. Young's, and get the 2l. for the ring that was offered to you"—I went back to Young's, said I would take the 2l. that was offered for the ring yesterday, and the ticket was going to be written out, when Mr. Young himself came into the shop, and said, "Let me look at it," and said he could not give me more than 30s.—I said I would take it—Lawrence was waiting outside—I told him, and he said I was a fool for taking it—I had borrowed 10s. of him at the Sheridan Knowles, and I gave him 25s. of the 80s.—we then came back, and at the back of the Church Lawrence pointed out a gentleman, and said he had sold him a pair of spectacles, and most likely he would buy the rings—I did not know his name then, but I believe it is Hermann—Lawrence showed him two of the rings, and asked him if he would buy them—that was this one (pointing it out), and one which is not found—he looked at them, and said he was not exactly a judge of that sort of thing—Lawrence told him one had been pledged across the road for 30s., and asked him to go and look at it—he said, "No, not now," and told him he had removed from where he did live to 92, Great Russell-street—if it had not been for that, I should not have been able to bring him as a witness—we then parted from Mr. Hermann, and Lawrence said, "Come along this way; I want to get a scent bottle out of pledge I have got in for 30s., and I want to sell it"—we then both, but not together,
went into a pawnbroker's, between Golden-square and the West of England station, I did not notice the name of the street, he to get the scent bottle out of pledge, and me to offer the rings for pledge—it was getting towards tea-time, and we walked towards his house, in Russell-street, Co vent-garden—he said, "What are you going to do with the duplicate?"—that was for the ring pledged for 30s.—I said I did not know; I did not want it—he said it would not do for me to have it—I said he could have it, and tear it up, or do anything with it, and he took it—he then said, "You know what we have been offered for the other two rings; I tell you what I will do with you; I will give you half a sovereign, and I will take the other two rings: and if I can pledge them for more than a sovereign, I will divide the surplus"—I said, "Very well," took the half sovereign, and he had the two rings, one of these, and one that is not here—I did not see him again till I was in custody, next morning—I made a statement before the Magistrate.
Cross-examined. Q. How old are you? A. Twenty-three; I was in Cold bath-fields prison—that was not the first time; I had been there that time eighteen months for embezzlement—I then had three months from this Court—I was committed in Nov.; I came out in Feb., and on 17th June was tried, and received nine months sentence; that was for a robbery in a shop in Oxford-street—I have been in Westminster gaol two months; I believe that was for an unmade dress; and I bad three months for a case of combs and brushes—I have been four times in custody—I never was taken before a Magistrate and discharged—I always pleaded guilty; I believe they were all before a Judge and Jury—the first time I was committed was in March, 1849—I cannot tell you how many robberies I have committed—I was taken before the Magistrate on this charge, and found that Lawrence gave evidence against me; I saw him in the witness box—I knew he had given evidence against me before that, when I saw him in St. Martin's-lane, and he shook hands with me, while the policeman was in front of me—I could pretty well tell he had given evidence against me, by his being in the company of the policeman who took me—I did not then threaten that I would give evidence against him; I spoke the truth; I said he was as much in it as I was, and he ought to be in custody equally with me—I did not say at any time that I knew they could not do more than transport me for seven years—I did not say I would make out a worse case against him, and that before he got out he should be in his grave; I said I daresay the punishment he would receive would be as great as I should—I was about with him from 18th March almost every day—I did not frequent many public houses with him; he used to use Mason's house, and of an evening I went to the Sheridan Knowles—I believe Mr. Hermann is here—I went to Mr. Thearle's shop about half-past 12 o'clock—I cannot say how long I was there—Lawrence said I had been there an hour and a half—no other customers came in while I was there—I was generally with Lawrence from half past 10 till near 2, when he went to dinner, unless we happened to be a distance from home—I lived in the Waterloo-road with a person named Stevens, who is here—Jane Norton occupied one room there—I have only known her since I lived at the house—she was at the police-court—I believe she was in Court when Lawrence was examined.
JULIUS DAVID HERMANN . I live at 92, Great Russell-street, Bloomsbury, and am out of business. I remember meeting Lawrence on 30th April near the comer of Gerrard-street and Princes-street—I believe there was some one with him—he said he had two rings (he knew I bought antiques), and
asked roe whether I would buy them; he asked 30s. for them—I just looked at them, and said they Were not in my line—I did not know Lawrence, but he reminded me that I was once with a friend, a foreign gentleman, in a dining room in King-street; Lawrence was there, and offered several articles in sale, and among them a pair of spectacles, which my friend bought of him for a guinea and a half—I then recollected I had seen him—I do not think I should recognise the rings he showed me if I were to see them (looking at the rings); I cannot say whether these were them—I have no doubt that Lawrence is the person I met.
Cross-examined. Q. How long before was it you had met him, when your friend bought the spectacles? A. A few months, perhaps—he said the rings were not his own, but pretended they belonged to some one, and said I might buy them cheap—I do not remember his saying he witched to sell them on commission—I understood him that be wanted 30s. for the two rings—I am sure he did not say 5l.
ALFRED GREEN (City-policeman, 376). On the afternoon of 3rd May I took Lawrence into custody, at his lodgings in Brydges-street, Covent-garden. I told him he was charged with Simpson with receiving the rings, knowing they were stolen—he made no reply—there was a cab at the door, and Lawrence's box was packed ready to go away; I found these three rings (produced) in his possession—they do not relate to this charge—I was present when Simpson made the statement to the Magistrate; he had previously made a statement to me.
Cross-examined. Q. Did not Lawrence say these rings were his own? A. Yes; he said he bought them of dealers—I do not know that he deals in things of this sort—14, Bridges-street, where he lodged, is a night house and refreshment rooms—he said he had given a week's warning to leave, and I have made inquiries about that—he had no other articles of jewellery.
COURT. Q. Do you produce either of the rings to-day? A. No; I ascertained one of them was in pledge—I went to Young's, the pawnbroker, and it was through my information Lawrence was stopped with the ring previous to either of the prisoners being taken.
JOHN OAKLEY . I am assistant to Mr. Young, pawnbroker, of 51, Princes-street, Leicester-square. I produce one of these rings—it was pawned at my employer's for 30s. on 30th April, I believe by the prisoner Stevens.
Cross-examined. Q. You believe it was Stevens? A. Yes; he had offered the ring the day before—I did not see any one with him that day; there was some one outside when he pledged it—I did not see that person.
JOHN POOL . I am assistant to Mr. Garratt, pawnbroker, of 22, Great Queen-street, Lincoln's-inn-fields. I have known Lawrence some time—on 1st May he brought one of these rings to me, and asked 15s. on it—I told him it was one of three which had been stolen—he said he knew the party he had it from, and he would go and fetch him—I detained the ring, and gave it to the policeman on duty—I could not stop Lawrence; I had no one in the shop.
Cross-examined. Q. What time was it? A. About 11 o'clock; I knew him before—I believe he dealt in jewellery.
COURT. Q. What do you know about his dealing in jewellery? A. He has brought little trifling rings to pledge, but I have not served him for more than twelve months.
JANE NORTON . I am single, and live at 17, Ann-street, Waterloo-road, in the same house as the prisoner Stevens lived. Lawrence was in the habit of calling there almost every morning—on 30th April he came about 11 o'clock—he had on two large cameo rings, one on each little finger, and also one in his hand—he said he was going into the Waterloo-road to put it away.
Cross-examined. Q. You noticed the sort of rings he had on his fingers? A. No, he was a distance off; I noticed one was a lady's bead, it was a white one—I am an unfortunate girl, and have a friend in Cheapside—I have known Stevens at this house about five weeks—it is not a house at which unfortunate girls stop; I am the only one there—it is a very respectable house—I heard Lawrence give evidence at the police court—Lawrence sometimes came about 10 o'clock, sometimes 11—he was there almost every day—he stayed about ten minutes—he used to come into my room sometimes—the landlady used to see him come—I do not think the other lodgers saw him—the landlady is not here.
MR. SLEIGH. Q. Look at those two rings, and tell me whether they are the rings Lawrence had when he came to see Stevens? A. This looks like one; I cannot say as to the other one.
JONATHAN WHICHER (policeman, A 27). I am a sergeant, of the detective force. On 1st May, about 12 o'clock, Lawrence came to Scotland-yard, and gave me some information which caused me to go to a pawnbroker's with sergeant Saunders and Lawrence to ascertain the truth of the statement—on the way there I met Stevens—he stopped to speak to Lawrence, I took him into custody, and Saunders took Lawrence—we took them to Bow-street, and I told Stevens I apprehended him on suspicion of stealing three rings from a shop in Fleet-street—he made no reply—I left Stevens at Bow-street, and went with Lawrence for the purpose of ascertaining at the Fleet-street station where the rings were stolen from; and when we were passing the prosecutor's shop, Lawrence said, "If you go in there, I think you will find that was the place the rings came from."
Cross-examined. Q. Lawrence came to you about 12 o'clock, on 1st May? A. Yes; he said he came direct from the pawnbroker's, and in consequence of what he said I went with him, and met Stevens accidentally in the street—I took him into custody from what Lawrence said—I had a previous knowledge of him.
COURT to JOHN POOL. Q. You say, when Lawrence brought the ring, you told him it was one of three which had been stolen; did you tell him where they had been stolen from? A. No, I did not know myself.
DODD (police inspector, F), I received this ring from Cox.
COURT to JULIUS DAVID HERMANN. Q. Do you remember what property Lawrence had when the spectacles were bought? A. A few articles of jewellery, antique cameo brooches—I thought he was a general Jew's traveller—it is perhaps two or three months ago.
LAWRENCE— GUILTY on 2nd Count ,—He was further charged with having been before convicted.
GUILTY.**—Aged 65.— Transported for Ten Years
GUILTY. Aged 23.— Judgment Respited.
GUILTY . Aged 20.—He received a good character.— Confined One Month.
ALFRED BAILEY . I am ten years old in Sept.; I live with my father and mother at 29, King-street, Smithfield. On 4th May I met the prisoner at the comer of Farringdon-street—he said, "Have you got any money?"—I said, "Yes"—I had four shillings and two sixpences—he said, "Shall I put it into a piece of brown paper for you?"—I said, "Yes," and gave it to him—he gave me a paper which I thought contained the 5s., and went away—I went to a shop about five minutes after, and discovered it was only a penny in the paper—I described the person to my mother and at the police station—I saw him again the next evening in Fleet-street—I told my father, and he had him locked up—he was not pointed out to me by anybody.
CAROLINE BAILEY . I am the last witness's mother. He came home and told me what had happened, and described the person who had the money—I was going down to the station the same morning—I was looking about, and saw the prisoner standing by the Sunday Times Office, and from what the boy had said, I took a deal of notice of him, and while I was looking at him he was gone.
Prisoner. Q. Did not you ask the boy if I was the person, and he said he did not know? A. I did not hear him say so—we were on the opposite side of the way, and the boy pointed you out to me—I asked him if that was the person, and he said, "That is him."
NOT GUILTY .
520. THOMAS HANCOCK and CAROLINE TAYLOR , stealing 4 half crowns; the moneys of William Webb, from his person.—2nd COUNT, charging Hancock with receiving the same, &c.; and 3rd COUNT with harbouring Taylor.
MR. LILLEY conducted the Prosecution.
WILLIAM WEBB . On 21st April, I was at Mr. Stone's house, the Light Horseman, on Hounslow-heath—the prisoners were there in company—I had two games at quoits with the male prisoner—I then left, and went towards Cranford, where I live—the prisoner followed me, and Hancock asked me to have half of a pint of ale—I said no, I would stand a pot, and we went into Mr. Starbuck's where I stood a pot of ale—I gave Mr. Starbuck a shilling and he gave me 6d. out—I put the sixpence in my purse, and put the purse in my coat left hand pocket—Hancock was on my right, and Taylor on my left—Hancock was bothering me to buy a duplicate, and while so doing I felt something in my pocket—I put my hand to my pocket, and felt Taylor draw her hand out—the prisoners had seen where I had put my purse—I took the purse out, found it open, and four half crowns gone—it was a steel clasp purse—this is it (produced)—I am positive it was closed when I put it in my
pocket—I accused Taylor of taking the four half crowns, and Hancock knocked me down and stood with his back against the door—the landlord came in—I told him I had been robbed, showed him the purse, and asked him to send for a policeman—the prisoners then went out, and I followed them to the Crown and Scepter; there they had something to drink—they came out of there, and went towards Feltham, and as they were going, Hancock turned round and knocked me down, the second time—I continued to follow them until they came to the Dog and Partridge, where I gave a chap sixpence to fetch a policeman, and gave them into custody.
Cross-examined by MR. HOLL. Had you been drinking before you went to Mr. Stone's? No; I had two pints of beer there—I played at quoits with Hancock, on friendly terms—we only played two games—we did not quarrel while playing—we had a pot of ale at Starbuck's—that was all I had that afternoon—I had no spirits, I was perfectly sober—the prisoners were close to me when I took out my purse to pay for the ale—they walked away as soon as I called for a policeman—I only saw Hancock with one half crown, which I won of him at quoits—I do not believe he had any more—I did not at any time say I had lost 15s., and afterwards find some money in my pocket, and say I had only lost four half crowns.
MR. LILLEY. Q. Were you quite sober? A. Yes; the prisoner shared the pot of ale with me, and some one else shared the two pints at Stone's—I am a blacksmith.
JAMES STARBUCK . I keep the Hussar beer shop, at Hounslow-heath—on 21st April, the prisoners and the prosecutor came together to my beer shop—the prosecutor ordered a pot of ale, and paid for it, while the prisoners were standing close by him—I saw Webb's purse—it contained 1s., the 6d. I gave him, and four half crowns—when he gave me the 1s., he emptied the contents in his hand, and I saw what was in it—I left them in the tap room, went to the bar, and in a few minutes heard as if they were quarrelling—I tried to get into the tap room, but could not, there was somebody holding the door—I pushed the door, got in, and I saw Hancock knock Webb down, and when he got up, he said he bad been robbed, and showed me his purse—there were some half pence in it, but no half crowns—Hancock said, "Why should we want to rob you? I have got plenty of money"—he put his hand into his pocket pulled out some money, and I saw 1s. 6d., four half crowns, and some halfpence—he put that into his pocket again, and Webb told me to go for a policeman—I sent my little boy, he could not find one, and the prisoners left, and Webb followed them.
Cross-examined. Q. Was Hancock sober? A. He knew what he was about—he may have had a pint or two.
GEORGE SANDERS (policeman, 236 V). I received information, and apprehended Hancock, at the Dog and Partridge, in Hatton, and a constable who is not here apprehended Taylor—I took Hancock to Hounslow, and found on him a purse, 8s., and 33s. 4d. (produced)—there are no half crowns—Hancock said he had not committed the robbery.
HANCOCK— GUILTY on 2nd and 3rd COUNT. Aged 38.
TAYLOR— GUILTY on 1st COUNT. Aged 28.
Confined Three Months.
OLD COURT—Thursday, May 13th, 1852.
PRESENT—Mr. JUSTICE MAULE; Mr. BARON PLATT; Mr. Ald. KELLY; Mr. Ald. FARNCOMB; Sir ROBERT WALTER CARDEN, Knt., Ald,; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Fourth Jury.
521. JOHN TWEEDY (indicted with Joseph Blackin, not in custody,) for a robbery on Charles William Sperling, and stealing 1 watch, 1 guard, and 1 key, value 32s. 6d., his property; having been before convicted: to which he pleaded
GUILTY . Aged 17.— Confined Six Months.
Before Mr. Baron Platt.
GUILTY. Aged.—Recommended to mercy. — Confined Six Months.
MESSRS. BALLANTINE and PARRY conducted the Prosecution.
JOHN JACOB SCHWEITZER . I am a varnish manufacturer, and live at 28, Poole-street, New North-road. The prisoner was in my service up to 17th Jan., 1852, when I discharged him—he had been with me under an agreement from 20th Jan. 1851—it was an agreement for a year—his position was as clerk and traveller, when required—he understood English very well—he is a native of France—it was his duty to correspond with some of my French customers—on 20th Dec. 1851, I left home with Mrs. Schweitzer, about half past 4 o'clock in the afternoon; I was going out with her—before leaving I told the prisoner that two letters would come in during the day, and they were to be answered by return of post; one was from an agent of mine, named Fellme, in Paris, and the other from a customer named Audient, of Verdun—I gave him, on rough paper, a sketch of what was to be the purport of the reply—I intended to remain until he had completed the letters, but my wife came in just at the time these directions were given; she beard part of them, and she urged me to go out—I said, "I cannot go at this moment, because the foreign post is not off"—she said, "Is there much to do?"—I said, "No; not particular, except letters, and the instructions are already detailed"—she said, "Can you not sign them at the bottom and be off?" and at her instance I committed this nonsense; I put my name to the bottom of the two papers, in blank—this (produced) I believe to be one of the half sheets of paper I so signed—it was a similar paper to this—I signed two blank sheets, and directed the prisoner to fill them up with the letters to my correspondents—I then went out with my wife—I returned about six in the evening—I saw the prisoner, I asked him whether he had dispatched the letters in time for the post of that day—he said he had—his pay was up that day, he asked for it, and I gave it him—it was 4l. 6s. 8d., his salary was 52l. a year—I did not authorise him to write this letter—the body of it is his writing, the signature is my own; it is addressed to my bankers at Rouen, Messrs. Jullien—the prisoner was aware that I did business with them—I remember saying at the police court that I did business with them, and that the prisoner was aware of it; upon which he said, "You need not call that witness,
I have had the money, and I can account for it"—this is the letter—(translating it—"London, 11th Feb. 1852; to Messrs. J. B. Jullien, bankers, Rouen: We acknowledge the receipt of your letter of the 7th of the current month, which replied to mine of the 5th; the traveller, Mr. Breque, will find himself in your town to-morrow, or the day after, and we shall feel obliged to you to count him over the sum of 42l. 10s. 6d., calculated at the exchange of that day in your town in French money; this sum is due to him by us by way of settlement of accounts; if in case you have not this sum to our credit in cash, of which to cover yourselves with, if you can count him the sum over on the bills which will become due to our credit, the present, with his receipt, which we beg you will ask of him, will serve you as a guarantee; as you do not know the person, if you require it, you may accompany him to Mr. Foubert, a solicitor, in your town, who will recognise him, and in case you should not pay him this sum, oblige by letting him have this letter back; receive our salutations, &c."—here follows, "I O U the sum of 42l. 10s. 6d., 11th Feb. 1852"—that is in English, and then comes my signature—that is a correct translation—the prisoner's year was up in Jan.—he had left my service at the date which the letter bears—this envelope bears the post mark of 11th Feb.—the direction is in the prisoner's writing, as well as the letter—I afterwards received information, in consequence of which I went to Paris, and to my agent there, Mr. Fellme—I did not go to Mr. Oudinet, at Verdun, but I have a letter from him—in consequence of the inquiries I made, I got these two letters, one from Paris, and the other from Verdun, in the prisoner's writing, which were sent by him instead of those which ought to have been sent—this is dated 22nd Dec. 1851, and is addressed to Mr. Oudinet, coachbuilder, Verdun—I received that by post from Mr. Oudinet—this is a letter written in accordance with the instructions which I gave the prisoner on the evening of 20th Dec.—this other is the letter which he wrote to Mr. Fellme, which is in accordance with my instructions, it is dated 22nd Dec. instead of 20th—at the bottom of this letter, the prisoner writes, "If you should have to name the date of this letter, you would have to state the 20th, because I ought to have written on Saturday, but I forgot it; oblige me in this, in order that I may not get scolded"—the prisoner said nothing to me before leaving about having written this order—when I paid him his wages on 17th Jan., I asked him to give me a receipt as usual, and he said, "I do not want any money to-night, as my time is not up"—I said, "Never mind, give me your receipt, and I will pay you"—he then made out a receipt, and I paid him—that was up to the 20th—after I gave it him, I said, "Now, you understand our agreement is at an end?"—he said, "Yes, I know it"—I said, "Therefore I have no further occasion for you"—he made no further claim on me—this (produced) is his receipt.
Cross-examined by MR. WOOLLETT. Q. I observe that these letters which you have got from Paris and Verdun are signed by procuration? A. Yes; it was not the prisoner's habit to sign my business letters by procuration; I will swear that, except on special occasions, by special order, that did not occur perhaps twice in three months—I am sure it was on 17th Jan. that I discharged the prisoner—I believe I first heard of this order about 29th Feb.—the prisoner was taken up on 9th March—I suppose that was about a week after an action had been brought against me by the prisoner, because the letter from Verdun was on 25th; it was more than a week, it was a fortnight—the action was on one of these papers—the prisoner had been with me altogether about six years—during that time I had perfect confidence in
him, so far as I know—I know nothing against his character—I was not embarrassed in my circumstances in 1851—previous to signing these papers I was not embarrassed—I did not repeatedly borrow money in the course of that year—I have borrowed money, perhaps twice altogether; it may be 150l.—not of the prisoner, but of my father-in-law—I never owed any man anything that I did not pay; I never borrowed a penny of the prisoner; I swear that—my wife was before the Magistrate, but was not examined—when I had signed the papers in blank the prisoner held up one of them, and said, "This is a dangerous thing to do, I might rob you by this a great deal"—I treated it, unfortunately, with contempt, and laughed—there was no notice required to be given to the prisoner, our agreement ended on 20th Jan.; but still I did give him notice before witnesses—he came to my house several times after I had discharged him, to know whether I could not give him any farther employment.
MR. PARRY. Q. You have been asked about an action, was the action brought on that alleged agreement (producing a paper)? A. Yes; this is one of the sheets of paper that I wrote my name to—the body of it is not in the prisoner's writing—I never saw it before we obtained an order from the Court of Exchequer to examine it—there is an attesting witness to it, "G. H. Grellier, of 4, Leicester-square"—I never signed that paper in his presence—I do not know him, and never saw him—this paper was not written by my authority, or with my knowledge; it purports to be an agreement for me to have the prisoner's services for two years at 90l. a year—I was never in embarrassed circumstances in my life.
MARY SCHWEITZER . I am the prosecutor's wife. On Saturday afternoon, 20th Dec, I went to him at his office, and heard him instruct the prisoner to write two letters, one to his agent in Paris, and one to Mr. Oudinet—he signed two blank sheets of paper, by my interference, for that purpose, and left them—the prisoner held one of them up to me, smiled, and said, "I might ruin you with this, Mrs. Schweitzer"—I said, "Oh, you would not do that I am sure."
GEORGE EMILE POIDEVIN (through an interpreter). I am clerk to Messrs. Jullien, bankers, at Rouen. On 14th Feb. the prisoner came there and said, "Have you received a letter from Mr. Schweitzer, ordering the payment of a certain sum named, some thousand and odd francs"—Mr. Jullien produced this letter, and told him if he made out the receipt he would pay him the money named in the letter—the prisoner then wrote this receipt across the letter—(translating it—Received from Mr. G. P. W. Jullien, the sum of 1,062 francs, 13 centimes. 13th Feb., 1852.—Breque.")—that money was paid to the prisoner—I received this letter myself on 12th Feb. at Rouen; it came by post—Mr. Jullien offered to pay the prisoner in bank notes; he objected, and said he would rather have it in cash—he said there was not sufficient cash in the house, but he might, no doubt, get it by applying to M. Foubert—the prisoner said he was going from there to Lille, and thence to Belgium, travelling on the business of Mr. Schweitzer.
(Henry Arthur Matthews, boarding-school keeper; Louis Manjeau, hotel keeper, Haymarket; Conrad Michel, hotel keeper, New-street, Covent-garden; and Thomas Vielle, wine merchant, 24, Haymarket, deposed to the prisoner's good character.)
GUILTY . Aged 45.— Transported for Ten Years.
(There was another indictment against the prisoner.)
NOT GUILTY, being of unsound mind.
Before Mr. Justice Maule.
NOT GUILTY .
Before Mr. Baron Platt.
MR. PLATT conducted the Prosecution.
JAMES WINSON . I am a cigar maker, of 4, Doggitt-court, Moorfields. On 7th May, between 5 and 6 o'clock in the evening, I was in Smithfield, and saw four persons close alongside of me—the prisoner was one—I saw him give a boy a blow on the side of his face—I had no sooner passed on than the prisoner snatched my bundle out of my hand; it contained bread and cheese—he ran off, and I ran after him—I caught him about twenty yards off, laid hold of the bundle, and he struck me a violent blow on the neck—I fell, and he got off with the bundle—I called an officer, and the prisoner ran away—I never lost sight of him—he dropped the bundle and the officer caught him—I am positive he is the man—this is my handkerchief (produced.)
JOHN FAUCETT (City policeman, 212). I ran after the prisoner, caught him in Long-lane, and received a bundle from Winson—I searched him, and found 5s. 4d. on him—I did not see him with the bundle—I have known him eighteen months or two years.
Prisoner. Q. I want to know what he has known me in? A. I have known you to be an associate of thieves, following gentlemen on market days—you were in custody at Bagnigge-wells.
WILLIAM THEOPHILUS LAMPRELL . I am a carpenter, of 13, Long-lane. I was in Smithfield with some brasswork in my hand about 5 o'clock—as I passed the prisoner he struck me as hard as he could on the back of my head—he did not do anything to the brass—he then struck Winson and took his bundle away—Winson ran after him, and a policeman took him—I have seen him hundreds of times about Long-lane and Smithfield.
GUILTY .†Aged 19.— Transported for Seven Years.
Before Mr. Justice Maule.
MR. BIRNIE conducted the Prosecution.
HENRY FOXALL . I am a labourer, and live at Lambton-mews, Nottinghill. On 12th April, about 6 o'clock, I went to a beer shop, 49, Marylebone-lane, and had half a pint of beer—I saw the prisoner there talking to other men—Mr. Barley, the landlord, was in the bar—he said, "I will turn that man out; open the door, Foxall"—I opened it, and the prisoner was turned out—in about twelve minutes or a quarter of an hour he returned; there was another man with him—he came up to me, and said, "I hope I have not offended you?"—I said, "No, my good man, you have not"—the moment he spoke to me, the prisoner sprang on me with this hammer (produced), struck me on the head, and cut it open—it bled, and I saw nothing more.
Cross-examined by MR. M'MAHON. Q. How long had you been in the house when he struck you? A. About twenty-two minutes; I was there about
ten minutes before he was turned out—he was away ten or twelve minutes, and struck me the moment he came back—I had never seen the man before who said, "I hope I have not given you any offence"—I did not understand what he meant—I had had no words whatever with the prisoner—I did not see him quarrelling with one of my friends; no words passed at all—I told the prisoner he was no man—that was after he and one of his mates pushed a man down a cellar, and then Mr. Barley said to me, "Open the door," and when the man got outside the door, he said, "You English b—r!"—it was after that he came back and struck me—it was a stranger to me who was pushed into the cellar—I cannot say whether the prisoner or one of his mates did it, but the landlord was displeased with it—he asked me to hold the door open, and turned the prisoner out—I said, "You are no man to shove a man down like that"—I spoke to the lot of them—I had half a pint of ale, and I had had half a pint before dinner; this was on Easter Monday—the men were bricklayers' labourers—I do not think the prisoner's master, Mr. Davis, was there—when the prisoner used that phrase to me, I did not say a word to him—I did not retort on him, and say, "You b—y Irish!"
JAMES BARLEY . I am landlord of the beer shop, 49, Marylebone-lane. The prisoner came there with another man, and they had some beer together—the prisoner was very violent, and said he would have beer if he thought proper to pay for it—I refused to draw him beer as he was a little gone—the floor was taken up for some beer to be sent down, and one of these men pushed a man through the trap—he went in up to his waist, and I put my hand and prevented his falling any further—it was not the prisoner who pushed him in, it was another man in his company; there were two besides the prisoner—there was no quarrel—the man that was pushed down gave the prisoner a pot of beer for assisting in removing some scaffold poles across the street, and when the prisoner had partaken of it he demanded two pots more, and the man said he would give him no more—after that, Foxall opened the door at my request, and I turned the prisoner out—in about ten minutes he returned with another man—one of them had a spade in his hand and some iron chisels in his waistcoat pocket—the prisoner had his hands secreted in his waistcoat—the man who had the spade went up to Foxall, and said, "Have I offended you in any way?"—Foxall said, "No, my good man, you have not offended me"—the prisoner came in with his hand concealed in his waistcoat, went up to Foxall while he was talking to the other roan, raised his hand with the hammer in it, and struck him violently on the top of the head without uttering a word—a more diabolical deed I never saw—I am perfectly sure it was the prisoner that did it, and not the other man—this is the hammer—Foxall did not fall, as a man sitting next him caught him in his arms—the prisoner then made for the door that he came in at, taking the hammer in his hand—he went out, I pursued, kept him in sight, and overtook him—I was afraid to touch him with the weapon in his hand—he ran against a truck in the road, which gave him a check—the hammer dropped from his hand, and then Allen and I closed on him and secured him—I saw Allen pick up the hammer—the prisoner said to me, "Oh, Mr. Barley! you know that I did not strike the blow?"—I said, "You villain! you know better than that; and I much question if the man is not dead"—I took him to the station—I did not hear the prisoner and Foxall speak to each other.
Cross-examined. Q. When the prisoner came in, had he his right hand in his waistcoat pocket? A. No, inside his waistcoat; I saw him take the hammer out from under his waistcoat and drop his arm—I should say Foxhall had not been in there more than five or six minutes—I was outside the bar
when the man was put down the trap—I did not see Mr. Davis, the prisoner's master, there; I have seen him since.
JOHN ALLEN . I am a tinplate worker, of Kendal-mews, Blandford-street. I was coming through Marylebone-lane, and heard a cry of "Murder!"—I saw the prisoner coming from Mr. Barley's house, with this hammer in his hand, walking rather fast, then he ran—I ran by his side, and he tried to put it under his coat—in so doing he dropped it, I picked it up, and then turned round and caught hold of him, and Mr. Barley and I took him towards the station—I asked him what he had been doing—he said, "Nothing"—a policeman took him.
JAMES GOODCHILD . I am a writer, and live at 17, Little Marylebone-street. On 12th April I was at Mr. Barley's, and saw the prisoner in company with some other men—I saw the prisoner push a man backwards; he would have gone into the cellar, but Mr. Barley caught him—two other men were near the prisoner at the time, but it was not them that pushed him but the prisoner—there was a dispute, and Foxall told the prisoner he was no man to knock another man down into the cellar—Foxall then held the door open while Mr. Barley pushed the whole three out—in about ten minutes the prisoner and the younger man who was with him returned together—the other man, who had a shovel in his hand, said to Foxall, "Have I offended you?"—Foxall answered, in perfect good temper, "No," and while he was just saying that, the prisoner stepped from behind the other man and struck him a knock on the head momentarily with the hammer—the prisoner then shuffled out of the house as quick as he could, taking the hammer with him—I cried out, "Murder!"—I was present when he was stopped, and saw the hammer fall from under his jacket—Foxall's head bled very much.
Cross-examined. Q. What process did Mr. Barley use to turn them out; did he bow to them, and say, "I wish you to leave the room:" or what? A. Foxall held the door open, and Mr. Barley took them by the back of the collar and pushed them out—that was not chucking them out—the prisoner was pushed out in that way.
JAMES REAGAN (police sergeant). On the night of 12th April I saw Foxall in William-street bleeding very much from the head; a man on each side of him was supporting him—I afterwards went into Marylebone-lane, and saw the prisoner in custody of Mr. Barley and Allen—he was drunk—I laid hold of him—he turned round, and said, "You b—r, have you got hold of me?"—I said, "Yes, and I will take good care of you; you cowardly fellow, to hit a man on the head with a hammer"—he said, "So help me God! I am sorry for it; I hope he is not hurt"—I said, "That I cannot account for"—he said, "It is all owing to the b—y drink"—I took the hammer from Allen, examined it, and found blood on the end of it—it weighs nearly three pounds.
FRANCIS CLARK . I am a surgeon, of 14, Henrietta-street, Cavendish-square. On 12th April, between 6 and 7 o'clock in the evening, Foxall was brought to me bleeding profusely, from a contused wound on the head, produced by a blunt instrument, such as a common hammer—it was a contused wound, not a cut—it had bled very profusely—the skin was divided and torn—a blow from such a hammer as this would be very likely to produce concussion of the brain—the wound did not heal kindly—it was not healed at the examination, before the Magistrate—I have not examined it to-day—concussion will frequently come on three, four, five, or even six weeks afterwards—that would be very dangerous, and very often fatal, but I think the profuse bleeding relieved him—it was a wound of a very dangerous description—he was quite
confused, and hardly sensible, when brought to my house—I should hope no ill consequences would occur now.
Cross-examined. Q. You have no fear that Concussion will follow, after the profuse bleeding? A. I should hope not; it is possible—there have been no symptoms of it at present that I am aware of—I do not consider it probable, but I think it very possible. (The prisoner received a good character.)
GUILTY. Aged 45.—Recommended to mercy by the Prosecutor , Confined One Year.
Before Mr. Baron Platt.
MR. COOPER conducted the Prosecution.
JANE WHITEMAN . I live at 17, Hartland-terrace, St. Pancras. On 30th April, about half past 7 o'clock in the evening, I left home—I returned about half past 8, and saw lights on the first floor—I went to a neighbour, then returned to my door, and the prisoner came out and pushed me down on the pavement, then another man passed out—I cried, "Thieves!"—I am sure the prisoner is the man.
JAMES DEDMAN . I am a porter, at the London and North Western Railway. I was passing, heard a cry of "Stop thief!"and saw the prisoner running—I got before him, and stopped him—he struck me with a short crowbar on my cheek—it cut me to the bone—I took it from him, and secured him—I have a plaster on the wound now.
Prisoner. Q. Was not I in the act of throwing the bar away? A. You appeared to me to take a deliberate aim—you struck downwards with your right hand—I did not see it in your hand till I got near you, as it was almost dark; when I first saw it your hand was raised up—it was a little before 9; there was a lamp.
Prisoner's Defence. I am guilty of the house breaking, but as for the cutting and wounding, it was purely accidental; a great many more men were running after me; I wished to get rid of the instrument, and pulled it out of my pocket to throw it away; as I was in the act of doing so, it struck him in the face.
GUILTY . Aged 21.— Transported for Ten Years.
(The COURT directed a reward of 5l. to be given to the Prosecutor, in addition to 1l. given him by the Commissioners of Police.) There was another indictment against the prisoner for the burglary, to which he pleaded
NEW COURT.—Thursday, May 13th, 1852.
PRESENT—Sir WILLIAM MAGNAY, Bart. Ald.; Mr. Ald. FARNCOMB, and RUSSELL GURNEY, Esq.
Before Russell Gurney Esq, and the Sixth Jury.
GUILTY . Aged 21.— Transported for Ten Years.
THIRD COURT.—Thursday, May 13th, 1852.
PRESENT—Mr. Ald. FARNCOMB; Mr. Ald. SALOMONS; Sir ROBERT WALTER CARDEN, Knt., Ald.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY .** Aged 17.— Confined Twelve Months.
WALSH pleaded GUILTY . Aged 20.— Transported for Fifteen Years.
WAALLENSTEIN pleaded GUILTY . Aged 26.— Transported for Ten Years.
533. FERDINAND BOCK , burglariously breaking and entering the dwelling-house of George Heiron, and stealing 8 coats, 5 pairs of trowsers, and 92 yards of cloth, value 88l.; his property. 2nd COUNT: charged him with shop-breaking and larceny.
MR. RYLAND conducted the Prosecution.
MARY ANN KNIGHT . I am the wife of Thomas Knight, a City policeman. We are the housekeepers at Mr. George Heiron's, 152, Leadenhall-street; he is a tailor, and rents the whole house—Mr. Heiron's shop is on the ground floor—there is a shop door, but when the shop is closed, there is a private door into the passage of the house—if a person came in at the private door of the house he would turn to the side to the shop—Mr. Heiron has also a bedroom on the third floor, where we have a kitchen and bedroom, and the rest of the house is let out in offices—on Easter Tuesday evening Mr. Heiron closed his shop from 8 o'clock to a quarter past; he was up stairs before half past—when he closes the shop he is in the habit of leaving the key under the mat at the foot of the stairs, by the shop door, for the apprentice who lives in the shop—the street door was fastened by a common lock, which could be opened from the outside by a key—my husband was coming home about ten minutes past 9, and I came down about five minutes to 9, and looked through the offices in the first floor, and about 9, as near as possible, I went to the ground floor; I had a light with me, and I was going to the street door, as I expected my husband home—the shop door and street door were both shut—I thought I heard a noise in the shop, looked for the key, found it in its usual place, and tried to open the shop door, but I could not—I put the key under the mat again, put the light on the stairs, and waited in the passage about five minutes, when the shop door was opened from inside, and a man came out loaded with what appeared to be rolls of cloth and readymade clothing—he seemed very much surprised at seeing me—I accused him of being a thief, and asked him who he was—he said, "Leave me alone;" I had got hold of his coat, and was between him and the street door—I said, "Let you alone, indeed; you are a thief!"—I still kept my hand upon him; he rested some time with the load on his head and shoulders—I hallooed
"Thief!"as loud as I could, and he threw down the bundle in the passage, and made for the street door—I tried to get at the bell, and while doing so he escaped out at the door—I ran after him on to the kerbstone, and called out "Thief!"again—all this may have occupied five or six minutes—I had no opportunity of observing the man's features, he was so loaded—I noticed his bulk, and his dress, and cap—the prisoner is the person—he was brought back by the policeman in about five minutes—I rang the bell, and Mr. Heiron came down and examined the shop, and the bundles that were left in the passage.
Cross-examined by MR. METCALFE. Q. Did you see his features at all? A. No; I know the prisoner is the person, from his height, bulk, and the cap he had on—he wore, to all appearance, the same coat that the prisoner now does—I had not been down stairs at all before I heard the noise—Mr. Heiron had left the shop about half an hour before—no one had been down in the meantime; there was no one but him and me in the house—I do not know whether the street door was shut or not—the man answered me in English, "Let me alone"—I do not know whether there are a great many foreigners in our neighbourhood; I am not out a great deal—my light, which was a dip candle, was standing four or five stairs up—a person coming from the shop, going outward, would pass the foot of the stairs—the prisoner was brought back by the policeman to oar door—I did not select him from other people.
MR. RYLAND. Q. Did you recognize him when he was brought back? A. Yes, from the appearances I have mentioned—I think the street door was shut when I came down—I think when the prisoner escaped he pulled the lock back.
HENRY KING . I keep a coffee house in St. Mary Axe. I know Mr. Heiron's shop, it is seven doors from Gracechurch-street—on the evening of 18th April, about five minutes past 9 o'clock, I was coming past Mr. Heiron's shop, and when I got to the door a person rushed out of the premises, so close to me that I was obliged to stop back—directly after, a female came to the door, and called out "Stop thief!"—the person turned across the road, towards the East India House; I followed him, and kept a side view of him, and when he got towards the East India House he crossed the road back again, towards St. Mary Axe—he went a few steps on that side, and then crossed, and went down Lime-street—I crossed again, and went behind him, and never lost sight of him till I saw Chambers, the policeman, and gave him into custody—the prisoner is the man.
Cross-examined. Q. Were you close to the door when the man came out? A. Yes; he would have knocked against me if I had not made a sudden stop—when the woman came to the door I did not turn to look at her—I caught a side view of her—I just cast my eyes round and saw it was a female—she called out "Stop thief!"and I followed the man—there are generally a good many people about Leadenhall-street and St. Mary Axe—there was not more at that time of day than usual, it being Easter Tuesday; but there were a great many—I was not above six yards from the prisoner when he started—he crossed the road immediately, and went down the pavement on the other side—I crossed over, and kept in the road, and when he got to the extremity of the East India House he crossed again; he went about a dozen yards on that side, and then re-crossed into Lime-street; there was then no one between me and him—I did not see a person till I met the policeman—when he crossed the road to Lime-street he looked to see if any one saw him—there were no turnings from the time he started till he was taken, he crossed the road directly opposite Lime-street—when we brought him back I told the policeman he had come from one of those houses, and he rang at
the wrong one; but I did not order him—he only knew from what I told him; I told him it was either that house or the next one—there are a great many foreigners in the neighbourhood.
GEORGE TERRY . I live at 74, Leadenhall-street, which is on the north side, the same as Mr. Heiron's, and about three minutes' walk off. On 13th April, I was going home, just about 9 o'clock, and when I got to Mr. Heiron's I heard a female's voice cry something which I did not distinguish, and I saw a man come out of Mr. Heiron's—I was about five yards off—the man came out rather quickly, not running very fast, and ran across the road towards the East India House—I should not have noticed him but for the cry—I lost sight of him; but before that I had caught a view of his side face, enough to form an opinion about him—I believe the prisoner is the man—I stayed at Mr. Heiron's door, and in five or ten minutes the prisoner was brought back—I believe he is the same man—I said at once, "That is the man"—he said, "Oh, not!"
Cross-examined. Q. Did he rush out in a great hurry? A. Not in a great hurry—I saw him for a very short time, not half a moment.
CHARLES CHAMBERS (City policeman 523). On Easter Tuesday evening, about 9 o'clock, I was on duty in Lime-street, about fifty yards from the entrance coming towards Leadenhall-street—I saw King, and in consequence of what he said, I took the prisoner into custody—between me and the end of Lime-street there was no one but King and the prisoner—I stopped the prisoner, and said, "You have just come out of a house in Leadenhall-street, where a female called out, 'Stop thief!'"—he said, "No, I have just come from Cannon-street"—I asked if he had any objection to go back to the house, he said, "No," and I took him back—Mr. Terry was at the door, and said, "That is him;" the prisoner did not say anything—I took him to the station, searched him, and found four skeleton keys, a door key, a latch key, a knife, some lucifers, and 7d. (produced)—I examined his coat next morning, and found there were two buttons off—I have another one here (produced) from his coat.
Cross-examined. Q. When you first saw him he was walking quietly? A. Walking fast—he went back readily—he lives in Cannon-street-road, some people call it Cannon-street—where I found him he was not coming in a direction from Cannon-street, Lime-street, is a cross-street—if a person was coming from Cannon-street-road to where I found the prisoner, be must come up the Commercial-road, Whitechapel, and up Leadenhall-street, and then turn into Lime-street.
MR. RYLAND. Q. Could he when you saw him have been coming from Cannon-street? A. He could—I was coming up Lime-street, towards Leadenhall-street—he was coming from Leadenhall-street.
JOHN ENWRIGHT (City-policeman, 647). I examined the prosecutor's premises, and found ten pieces of cloth rolled up in a wrapper in the passage, and several pairs of trowsers thrown about just at the doorway—I afterwards took these keys which I received from the inspector, and tried them on the street door, neither of them would open it, but one would lock it, and one of the smaller skeleton keys opened the shop door.
GEORGE HEIRON . I am a tailor, at 152, Leadenhall-street. The ground floor is my shop, and I occasionally occupy part of the upper part—the first and second floors are let out in offices—on the night of 13th April, I shut up my shop at 20 minutes past 8 o'clock, and put the key under the mat at the bottom of the stairs—the property in the shop was all safe in its usual state then—I went up stairs, and stayed there till five minutes past nine,
when the bell rang—I came down, found Mrs. Knight in the passage, and a large bundle of cloths, and coats, and trowsers—they were my property, and were safe in the shop when I locked it up—I found the shop door open, and besides these things being in the passage, the shop had evidently been disturbed—the things that were in the passage are worth 88l. 10s.—on the following morning I found this button (the one produced) just under the shelves where the parcels had been removed from—it does not belong to me, I have not such a one in the shop—it appears similar to the one before produced—I rent the house, it is in the parish of St. Peter, Cornhill.
Cross-examined. Q. Did you lock the outside door as well as the shop? A. I shut it, but did not lock it—I was up stairs about forty minutes.
(Frederick Ruiks, 39, New-road, St. George's in the East; Frederick Leizing, 52, Church-lane, Whitechapel; and Mary Ann Enesby, 15, Cannon street-road, deposed to the prisoner's good character.)
GUILTY on 2nd COUNT . Aged 36.— Transported for Seven years.
MR. PLATT conducted the Prosecution.
HARRIET EDKINS . I am the wife of Charles Edkins, of 9, Borough-road, clerk to an attorney. On 3rd May, about 5 o'clock in the evening, I was passing through Smithfield, and saw the prisoner close by me—I am sure she is the person—I saw a man fall down before me, and he was raising himself when I felt a tug at my pocket, and missed my purse—it contained a sixpence, a halfpenny, a receipt for 5l., and, to the best of my belief, a shilling also—the prisoner walked away, and afterwards ran, and while she was walking before me, she pulled the purse out—while I was endeavouring to follow her, another man, not the one who had fallen down, attempted to interrupt me—the two men ran after the prisoner; she went through a court, and I saw the man who had fallen down pass something to her hand as they crossed the path, and the woman passed her hand to him, and I saw something pass which looked like a purse—I cannot swear it was mine; they were about a dozen yards off me—before the prisoner passed the purse to the man, I saw her look into each corner of it—I followed her for a quarter of a mile into a public house, where I was told she had gone, and I found her there.
Cross-examined by MR. PAYNE. Q. You did not know the prisoner or the men before? A. No; they were up the passage when I saw the prisoner pass the purse to the man—I was up the passage also—she looked at the purse before that, when one of the men was obstructing me, before they turned into the passage—I said at the police station I had 6d. in my purse, I was not sure about the 1s.—I did not, when the 1s. was found, say, "That I think is about the money I had in my purse."
MICHAEL CANNON . I am a porter, and live at 61, Smithfield. On the evening of 3rd May, I was going with some parcels, and heard the prosecutrix call out, "The young woman has taken my purse!"and I saw a man in the act of stopping the lady from going after the prisoner—the prisoner walked up Cloth-fair—I ran after her, and when she got round the corner of Barley-mow-passage she ran quickly on before me, and I after her down Barley-mow-passage, and up Long-lane—the prosecutrix was following behind me—I saw the prisoner go into a public house, at the corner of Char-ter-house-street, and the man ran away—I told a policeman.
Cow, at the corner of Charter-house-street—she was pointed out by the prosecutrix—on the way to the station, she said she had never seen the lady or the purse, and she could prove she was a respectable young woman—I asked her address, but she would not give it.
NOT GUILTY .
MR. METCALFE conducted the Prosecution.
Cross-examined by MR. BALLANTINE. Q. Did he die a lunatic? A. He was not quite sensible—he was not sensible from the time he came in—he was treated as a lunatic; he had cut his throat, just before he was about to he called as a witness against the prisoner.
MR. METCALFE. Q. How long was he in the Hospital? About a fortnight—while there he underwent an operation for stricture.
LOUIS ADOLPHUS . I am manager at Mr. Moses establishment, in the Minories—I knew Sampson—he was a cutter at our establishment—I do not remember his going to the Hospital, but remember seeing him on the establishment shortly before he went—I knew of nothing being the matter with him—there were no symptoms of insanity about him—I had known him many years—he was always a steady, industrious, active man, and always appeared sane—I was present when his deposition was taken—he was cross-examined by Mr. Wontner.
Cross-examined. Q. Do you think cutting his throat is a matter of sanity? A. It is impossible for me to say—I do not know whether it happened three days before he was to have been a witness on the trial—I was away at the time—I never heard that he had cut his throat six years before.
MR. METCALFE. Q. Was he employed to watch the business? Yes.
THOMAS UNCKLES . I knew Sampson for about two years and a half—he was perfectly capable of attending to his business up to the time he cut his throat; I was told he merely scratched it; he was about to undergo an operation—it was a month after this deposition was taken.
(Henry Francis Sampson's deposition was ready as follows—"I live at 22, Old Suffolk-street, Commercial-road; I am foreman to Isaac Moses, of the Minories, clothier. In consequence of some communication with my employer, I kept a sharp look-out upon the prisoner; he was employed in the cutting-room of the establishment, on the first floor; I am employed in the same room; between 10 and 11 o'clock yesterday morning the prisoner was cutting a coat from a piece of cloth; he was marking a coat, preparatory to its being given to the party who makes it up; I think the prisoner got a yard and three quarters of cloth to make the coat; I saw him cut a coat from that piece; he did not use the whole of the yard and three quarters to make up the coat, and the piece which was left he put into the window; the two pieces of cloth produced I saw him put in the window; the value was about 2s.; the piece of cloth remained in the window the whole of the afternoon; about half-past 8 in the evening the prisoner went to the window, and removed the piece from the window to the cutting board, adjoining the window; he then took his pocket handkerchief from his pocket, and threw the handkerchief
carelessly over the piece of cloth which was then on the cutting-board: he came away a few steps, and I distinctly saw a small piece of cloth projecting from under the handkerchief; about a minute afterwards the prisoner took the handkerchief, with the piece of cloth, and placed them in his hat; he put his hat on, and walked away to leave his work; I walked close after him, (it was then about 10 minutes to 9 o'clock), and I communicated what I had seen to Mr. Adolphus, the manager at Mr. Moses's." Cross-examined.—"The prisoner cuts out goods which are bespoken; the bulk of cloth is kept in the Aldgate shop; the piece of cloth is given out to suit the size of a customer: a good cutter would decidedly be able to cut it closer than a bad cutter; I have never had any of the pieces whatever of any description, and never gave any away; I gave the prisoner a piece of silk velvet from Dr. Fergusson's waistcoat, but not for his own use; I thought he wanted to use it in the firm; there were five of us in the room altogether where the prisoner was cutting the coat; I never saw cutters taking away scraps, except one man, and he was discharged; I did not get the man discharged." Reexamined—"hey were very small pieces of silk velvet which I gave the prisoner, not fit to use in the trade; the cutters are not entitled to the pieces of cloth which are left; after coats are cut out, his duty is to keep them on the board, and deliver them to the deputy manager, Mr. Dearbert; they are usually collected every evening, but invariably on the Saturday; this custom is known to the prisoner; this practice has always prevailed in our business since I have been there, and I have been there about two years; the cutters and persons employed there have commission to purchase goods; they always purchase for cash, and do not have any account; I never recollect an instance since I have been with Mr. Moses in which the cutter has been permitted to take any of the savings; there has not, to my knowledge, been given any notice that the cutters should not take what is left of the cloth; what is left is usually made into waistcoats; the two pieces produced would make a small boy's waistcoat." Cross-examined.—"There is a rag-bag kept, in which pieces are kept; I have had words with the prisoner; he has a better salary than I have." Re-examined—"It is not usual to put such pieces as these produced into the rag-bag.")
THOMAS UNCKLES (continued). I am a cutter at Mr. Moses's establishment. The prisoner and Sampson were also cutters. On 9th March, about 11 o'clock in the morning, I watched the prisoner, and, after cutting out a coat, I saw him place a piece of cloth on the corner of a window, close to his board—it was a piece of cloth that would make a small waistcoat for a boy, and was the remnant of what he cut out—that was all I saw of it—I left at seven o'clock, leaving Sampson there—we are not allowed to take away pieces of cloth of any description.
Cross-examined. Q. Did Sampson know you were watching the prisoner? A. No; I did not know Sampson was watching him—I was not told to watch him—he was in a higher place than me—my wages are 36s.—I do not know the person's name who has got his place—Sampson would not have got if he had not cut his throat—if the prisoner had pleased, very likely he might have employed all the cloth in the coat—there would have been no complaint then—he had given him what was supposed to be enough to cut the coat, and this piece was left in consequence of it happening to be a small-sized coat—Mr. Adolphus was not able to be here last Session, he was on the continent—something was the matter with him, but it is not my business to know what it was—I never heard it said what it was—it was said in the establishment that he was ill and had gone on the continent for the benefit of his health—
he went about a week after this case was committed; about the beginning of April—these are the pieces of cloth (produced.)
MR. METCALFE. Q. In cutting the cloth, could he use it all in the coat? A. Yes; if there is any left it is generally made up into waistcoats; there is a book to enter it in—a close cutter would leave more than another—I know nothing about Mr. Adolphus's complaint—no one in the establishment would have been benefited by getting rid of the prisoner.
LOUIS ADOLPHUS (continued). On 9th March, in consequence of what Sampson stated to me, I caused the prisoner to be watched upon his going away, between 8 and 9 o'clock—I allowed him to leave the premises, and then called him back, and took him to my private room—I accused him of having property which belonged to us, and he said, "I have not"—I sent for a policeman, who was on the premises, and in his presence repeated the same question to the prisoner, he said, "I have not"—I asked him to open his coat and waistcoat; he did so, and I saw nothing there—I then said, "Have you anything in your hat?"—he said, "I have not"—I said, "Take it off, and let us see"—he did so, and said, "You see I have nothing in it but a handkerchief"—I took the handkerchief from the hat, the lining of the hat was turned up, and from it fell the cloth produced—I then taxed him with this being our property; he denied it, and said he had had it by him for six months—I gave him in charge—when a piece of cloth is given out to a cutter, the remnants ought to be laid aside, and given to a person who goes round to collect them once or twice a week—no one is allowed to take any pieces away—we employ seventeen or eighteen cutters—the prisoner's wages were 3l. 10s. per week, and his dinner and tea—he has been with us eighteen months or two years—he must have known the rules of the establishment—it is no benefit to me losing the prisoner.
Cross-examined. Q. You are above him, you are foreman? A. Yes; I left England before the last Session—I had a slight attack of ill health, and the surgeon recommended I should recruit by going on the continent.
JOHN BACK (City policeman, 620). I was called in by Mr. Adolphus, and heard him ask the prisoner if he had anything about him—he said, "No, not belonging to you"—Mr. Adolphus said, "Yes, I believe you have"—the prisoner said, "No, I have not"—he asked the prisoner to allow himself to be searched, the prisoner said he would be searched, and opened his coat and waistcoat—Mr. Adolphus asked him to pull off his hat, to see whether he had anything in it—he said he had nothing there; he pulled it off, and this handkerchief, and the pieces now produced, fell from it—I took him into custody.
Cross-examined. I believe he said he had taken the pieces of cloth; he considered they were perquisites, after he had cut out the coat? A. He said he believed they belonged to him, and he had a right to them, and hoped Mr. Adolphus would overlook it.
MR. METCALFE Q. Was that after he had repeatedly denied having it? A. Yes. (Several witnesses gave the prisoner an excellent character.)
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
RHODES TILLY MOLD . I am clerk, at the Clerkenwell police court. The prisoner came to the court to obtain a summons—before a girl is put to that expense, we inquire whether she has any witnesses to confirm her, the Act of Parliament requires it—she first came to the clerk's office for the summons,
and she was asked what evidence she had; she at first said she had no witness at all, and then, as we generally try to help them, we said she had better try to get some one to go and see the accused person, and she afterwards came and said she had a witness who bad been to the accused, but he denied being the father of the child—she was then told a summons was no use—she subsequently came with an attorney, saw the Magistrate, and had a summons—this is it (produced)—the information upon which it was granted was not upon oath—the summons came on to be heard on 6th May, when she came attended by an attorney, and Mr. Wakeling was attorney on the other side—Dr. Silverman was present—she was sworn, and stated her name was Mary Sullivan, (reading—"I live at 2, Compton-place, Brunswick-square. I am nineteen years old, and am single; I entered the service of defendant the first Satur-day in Feb. 1851; his wife, himself, the captain and his wife, and four children, and another female servant, lived in the house; she went away about a week after I went; the house is a large house; about ten weeks after I was there defendant began to pull me about, such as kissing me, and pushing, and shoving me (The statement here detailed the particulars of the alleged connexions)—I told his wife every time, the same day it happened—when I told his wife the Saturday after Good Friday, he was up stairs on the landing; that was something after 12 at night; he was going to bed; the day I went away he swore if I told Mrs. Towers he would give me a twelvemonth's imprisonment; I went to Mrs. Towers, and staid there two months—before the child was born I went with Mrs. Crawley, a month before Christmas, to defendant's; she sent in for him and he came out; he said he would have made me happy and do for the child too, only I had exposed him to his wife; he told Mrs. Crawley he would try to transport me for exposing him to his wife, and telling falsehoods of him—he went away, and called me a wretch for exposing him to his wife, and Mr. and Mrs. Towers—I had a child 20th Jan. 1852; defendant is the father—I never knew any other man but defendant; after I saw defendant with Mrs. Crawley, he came on the following Saturday with the Captain and a policeman, and said he would give me in charge for stealing some cuffs and gloves; the Captain asked me three or four times if I was in the family way by Dr. Silverman, who laughed; I did not say, but said that the defendant knew himself; the policeman went away without me; defendant afterwards said they brought the policeman for protection; defendant said to me, 'Did you not tell Captain Burslem that I only tried?' I said I never took an oath yet, but I soon would against him—Mrs. Silverman took me to her relation, because I would not stay in the house.
Cross-examined. I did not leave defendant's on 8th March, but I did on the Saturday after Easter Sunday; I was three months and ten days living at defendant's; the name of the servant when I went was Clara; she was only a week in the house, and then she went to the Hospital; she came back before I left, she was away more than a fortnight, more than a month; she slept in the garret; my bedroom was the top room; I did not sleep there,—the bed was not very good, and very small; it was only for one; I slept in the garret when she went, till the Dr. threatened me; he used to follow me, kissing me about like—I slept in the kitchen because I thought it was more safe; I did not sleep in the kitchen till after Clara came back; I slept in the kitchen because I thought it safer; I slept three nights in the wine cellar; Clara came back a fortnight before I left; from my going to leaving she was only three weeks in the house; the ill usage I have told from my master was after Clara came back; I did not tell Clara; she was not present
when I told mistress; no one was present when I told mistress—when my master did it I did not halloo out, I was in hysterics—I do not know how long Captain Burslem was in the house; nothing happened while he was in the house; he left before the Saturday after Good Friday—master had been kissing me before the Captain left—I never had any man come after me—I never told Clara I had two young men; I did not tell her I had a porter or a hawker for a sweetheart, nor that the hawker had been in my bedroom at my lodgings—I did not go from defendant's to Mr. Towers's, Bull and Mouth-street, the 8th March, not till the Saturday after Easter—I was not at Mr. Towers's on Good Friday; I did not tell Mrs. Towers that defendant had not had connexion with me; I said he had. Re-examined. I slept with my clothes on in the kitchen, all but one or two nights; I saw Clara the day it first happened; I did not tell her, because she was spiteful to me; I told Mrs. Silverman, after he went out, the first time he did it to me."
DR. JACOB SILVERMAN . I am a Russian. I studied at Glasgow five years for the church, and I have now studied medicine, and am a medical man—I am married—the prisoner was in my service ten weeks from Saturday, 28th Dec. 1850, to Saturday 8th March, 1851, when my wife took her to Mrs. Towers—she only came to supply the place of my servant who was ill, and afterwards went to the Hospital—during the time she was in my employ I did not take any liberties with her, not even in thought, or exhibit any desire to take any—I did not mesmerise her, or put her across my lap, or have connexion with her—the child she has in her arms is not mine—I did not see her after 8th March.
ELIZA SILVERMAN . I am the wife of the last witness; I am an English woman. The prisoner came into our service on 28th Dec, 1850, and left 8th March, 1851—she never came to our house afterwards—she never complained to me that my husband had taken liberties with her, or complained of him at all.
MATILDA TOWERS . I am Mrs. Silverman's sister, and am the wife of William Crawford Towers, a dyer, of 17, Bull and Mouth-street, City. I recommended the prisoner to my sister, thinking she was able to do rough work; I knew little of her—I do not know when she went into my sister's service, but I know she left in the early part of March—I know that, because my servant left me, and I sent for the prisoner to come to me, and she was with me at the time of the census (30th March), and remained with me three months—I did not know she was in the family way.
COURT. Q. Are you quite sure she was in your service on Good Friday? A. Yes; and afterwards.
CLARA SMITH . I have been in Dr. Silverman's service four years. I was taken ill, and went to the Hospital, a fortnight after the prisoner came—I was in the Hospital a fortnight—the prisoner was still in the house when I came back, and left on 8th March—I am sure of that.
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 19.— Confined Twelve Months.
OLD COURT.—Friday, May 14th, 1852.
PRESENT—Mr. Baron PLATT; Mr. Ald. KELLY; Mr. Ald. WORE; and RUSSELL GURNEY Esq.
Before Mr. Baron Platt and the First Jury.
MR. HUDDLESTON conducted the Prosecution.
ALICE TILLETT . I live at 10, Valentine-place, Blackfriars. On a Sunday morning (I did not put down the day of the month) I was in Trafalgar-square with Elizabeth Hayes—we met a man, who I afterwards saw dead at the Hospital—he was half tipsy and half sober—it was, as near as I could judge, between 1 and 2 o'clock in the morning—we all three went to the Hop-gardens, to a room on the first floor—the servant refused to let us have the room, and we left that house together, and went to a house at the corner of Banbury-court, and at the corner of a street also, kept, I believe, by the prisoner—we went up to the first floor, the landlady asked for a couple of shillings—the man said he had not got the money to pay it—she said it would be one shilling if he had one girl, but two shillings if he had the two—the prisoner was not there then—the man went and lay down on the sofa, and said he was sleepy—two or three women, servants I believe they were, and the landlady, came up, and said he should not sleep there unless he paid, and they were pulling him out—I said, "Don't do that, I can get him out quietly"—the landlady called him Irish—he said he would strike anybody that aggravated him, or called him Irish, or dragged him out of the room—I said it was of no use aggravating a drunken man, quietness would be the best; with that I took hold of his arm, and got him nearly to the top of the stairs—I then saw the prisoner—I do not know where he came from—he said what did he come into his house for without any money—I do not remember that there was any answer—then the prisoner gave him a push with his hands in the middle of his back, not very hard, but sufficient enough to push him down stairs—he did not go down stairs very quick, he went step by step; he fell on his face—there were fourteen or fifteen steps; the first two or three at the top were not straight, they were larger stairs, and went three-cornered wise; the others went straight—I saw him fall on his face; he went from the top to the bottom, sliding, headforemost, so slowly that every step must have touched him, and with his face downwards; it was more like a slide down—he did not fall head over heels—when he got to the bottom his head was on the mat, and his legs up the stairs—when he was at the bottom Belasco struck him three or four times on the neck, and the top part of the head, with his fist, nothing else—one blow was on the neck, and the rest were about the head—I said it was shameful treatment—he said, "You are a woman of the world, and ought to know better; and if anything occurs from this you must say he fell down stairs"—I said, "No, I shall not"—he turned the man over, and looked in his face, and his wife went into the parlour, brought out the gin bottle, and gave us a glass of gin each—he had then got hold of the man at the foot of the stairs; he was dragged out by the collar of his coat by two or three, the wife was one; but I could not take particular notice which of the servants did it—he was dragged all the way along, not lifted; and was laid all along in the court, flat on the ground, on his back—some one said,
"Don't leave him so, as he has had a little drink, put him sitting up against the wall"—a policeman afterwards knocked at the door, and said, "There is a man lying dead outside your door, you must answer for this, for I saw him come in not long ago with two females"—Belasco said, "There has no man been in my house to-night of the sort; how do you know who has been in my house? I am the master of my house, and I think I ought to know best who has been in and out of it; he has not been in here to-night"—I went away, and the very first policeman I met I mentioned it to.
Cross-examined by MR. BALLANTINE. Q. You say you do not know who dragged this man out of the house with Mrs. Belasco? A. Well, two servants; I should know them if I were to see them; I know both of them; I do not know their names—Mrs. Belasco and another woman were taken up with the prisoner; I do not know that woman's name, but she was one who helped to drag him out—if she was in bed at the time, she got out of bed; she looked as if she had got out of bed; she had put on her clothes, I should say, she had a gown on, I could not tell what it was—she had not her night dress on; she had some clothes on, but I could not tell what, for I did not look—I swore to her on a former occasion; she was discharged by the Magistrate—the man had been drinking when we met him, we perceived that—I had not been in this brothel for some time—I did not know the people of the house; I knew the place—we did not learn whether he had got any money or not till we got to the brothel—we were not angry with him when we found he had not any money; we did not take him there for love—it was the people of the house who were angry, not us—I behaved and looked as quietly as I do now—the man did not appear angry when Mrs. Belasco said he should not lie on the sofa, not till she called him Irish, and a very insulting word—he did not put himself in a fighting attitude particularly, he flourished his hands, and said he would strike any one; that was not at any one particularly, it was at the women—he never struck any one; he was not nearer Mrs. Belasco when he flourished his hands than any other female—it was me who got him to the edge of the stairs—I was quite quiet all through, and quite gentle; I spoke as gently as I speak now—I said, "Come along with me, they are very insulting, we will go somewhere else"—I knew he had no money—I was close by him, not quite at the edge of the stairs—I swear Belasco was up stairs—I had never seen him before—I was by the side of the deceased when Belasco gave him the push—I have not said Belasco was a b—Jew, and I should like to have him transported; or that I could never get anything out of him but a glass of gin; I never said anything of the sort—I never said, "I should like to hang all the b—Jews in the country; all you can get out of them is a glass of gin"—most decidedly not; I never used that sort of language—I know a person named Elizabeth Fulcher, but I have never seen her since this occurrence—we could not go and get any drink with the man, it was too late; we did not try; we went straight to the Hop-gardens—I have gone by other names, but Alice Tillett is my right name—I was charged once, but it was very false—a gentleman went with me to a place, and gave me a pocket handkerchief, which he afterwards wanted back—I walked with him to the station, not knowing he wanted to lock me up—he gave his name and address; Williams, a tailor, in the Poultry—I was examined, and committed to Newgate; but the gentleman had given a wrong address, and did not appear on the trial.
Hospital—we went to a house in the Hop-gardens, went up stairs, but did not stay; and afterwards went to Belasco's, in Hart-street—the man had been drinking a little, but not much; he was not much the worse for drink—we all three went up stairs; I cannot explain why we both went with him; he asked us both to take him to a house, and asked both of us to go up stain with him—Mrs. Belasco demanded two shillings for the room—the man said he had not money to pay for it—Mrs. Belasco abused him, and called him Irish, and other names—he got agitated and got up, and as he got up Tillett said, "Never mind, she has insulted you as well as me; we will go out;" and as he was going out, a girl got hold of him by the collar, and pushed him—I was so far in the room I could not see who pushed him down stairs—I turned back, because I was afraid—as he went out of the room, a girl shook him by the collar; that was not Tillett, it was a servant girl, I believe—when I came out of the room, he was going down the stairs head first; but who pushed him I cannot say—he was not nigh enough to the stairs to fall down himself—I was more in the room than out, and cannot say whether he was pushed or not—when he was at the bottom of the stairs Mr. Belasco got hold of him, and beat him several times on the head with his fist, and as he was sitting on the floor he kicked him—four girls dragged him along the passage into the court, and laid him flat—I said, "Don't let the man lay like that, flat upon the ground, sit him up against the wall;" and they did so—I saw Mrs. Belasco there—we had a glass of gin to drink—Alice said it was a shame to treat a man like that; and Belasco took her up, and said she ought to know better, being a woman of the world, and not to talk like that—I heard the policeman call out, and heard Belasco answer.
Cross-examined. Q. Was Collins the girl who you say took him by the collar? A. It was a girl; not the girl who was charged before the police Magistrate; it was a dark girl with dark eyes, who squints—I did not notice which one in particular dragged him out—I saw the girl shake him, but did not see him afterwards, till he was in the middle of the stairs—the door opens inside the room—the man had had a glass or two, but was not much the worse for what he had had; he could walk, and he could speak—I thought he had some money—he was dressed like a mechanic—I was not drunk, nor was Tillett—we did not inquire of him whether he had any money—it was a brothel we went to at the Hop-gardens; we got in, but the servant would not allow us to stop—she said she did not let anybody in who had been drinking at all—it was the man who had been drinking—the servant at Belasco's asked him to go out of the room, and called him some Irish name—he struck no one; he hit at one of the women, but I do not know which one; and as he made the offer to hit, the servant immediately caught hold of him—I then went into the room, as I was frightened; and not a moment elapsed before he was tumbling down stairs—he would have gone out quietly enough if the girl had not interfered.
JOHN HENWOOD (policeman, F 95). On Sunday morning, 2nd May, I was on duty in Hart-street, Covent-garden. Belasco's house is No. 31, at the corner of Banbury-court—I saw a man go into that house with two females—I believe that man was the deceased—the females were the two witnesses—I knew them before—about a quarter of an hour after I saw a man in a sitting posture against the wall of the court—I spoke to him, and received no answer—I called out to the people of the house, and asked if there was any one there that knew anything of the man sitting outside—several voices answered, "We know nothing at all about him"—I repeated the question, and heard somebody say, "Don't answer him"—I do not know
who that was—sergeant Adams came up, and ascertained that the man was dead—we put him on a stretcher and took him to the station, and then to King's College Hospital—the deceased was shown to Reed.
Cross-examined by MR. BALLANTINE. Q. Did you notice whether the man taken in was drunk? A. Yes; he was—it was evident to me that he was drunk—he was not rolling about, but he did not behave in that quiet, steady manner that a sober man would do.
WILLIAM DODD (police inspector, F). About a quarter to 3 o'clock on the morning of 2nd May, I went to the prisoner's house, 31, Hart-street—I asked for the master of the house, and Belasco came to me—I said, "Well, Belasco, do you know anything about any disturbance in the court near your house?" he said, "No"—I said, "Has there been any disturbance in your house?" he said, "No; none whatever"—I said, "Do you know anything about the man that was found here?" he said, "No; he has never been in my house; I know nothing about it"—I went to his house again at a quarter past 11 on Monday morning, and asked to see him—I waited while he dressed—as soon as he came to me, I said, "Belasco, just step outside, I want to speak to you"—I said, "Now, Mr. Belasco, did you hear any disturbance in the adjoining house to yours?" he said, "No"—I I said, "Did you hear no heavy fall?" he said, "No, none whatever, I know nothing whatever about it"—I then said, "I shall take you into custody for causing the death of that man that was found in the court"—he said, "Well, I know nothing about it"—I took him part of the way to the station, and then sent him by Hendrick.
Cross-examined. Q. There was a man named Belasco, a prize-fighter, was there not? A. Yes; I did not know him—I do not know whether the prisoner is that man.
THOMAS BRIDGEWATER . I am house-surgeon of King's College Hospital. I made a post mortem examination of the deceased—I found some slight bruises about his body, one on his right eye on the upper lid, a slight bruise on the white of the same eye, and a little fluid came out of his mouth, slight bruises on the upper gums, a slight bruise on the right breast, a slight bruise on the outside of his left elbow, and on his left knee—on examining the brain, I found blood effused on the surface, and a small quantity at the base, and in the ventricles; and the lungs were congested—I attribute his death to concussion of the brain—that might have been produced by a fall such as described—it might have been produced by blows.
Cross-examined. Q. Was there a vessel on the brain broken? A. Several vessels; I attribute that to concussion—it would be very likely to occur from a tumble down stairs by a drunken man; drunkenness is a very predisposing cause, it renders vessels much more likely to rupture—there was not sufficient external injury to account for the concussion which caused his death.
MR. HUDDESTONE. Q. Might a blow cause concussion of the brain without leaving any external mark? A. It might; it is possible that a blow may cause concussion of the brain, leaving only such appearances as I saw.
COURT. Q. Is it probable? A. Improbable—concussion of the brain ordinarily results from violence. Witnesses for the Defence.
LOUISA CARROLL . I am servant to the prisoner. I remember the morning of the 9th, when Tillett and Hayes came in with the man—they went up stairs into a room, the man laid down on a sofa; Mrs. Belasco asked him for
2s. for the room, he refused to give it her; he said he had no money—she said, "You cannot stop without you pay for the room"—he said he would stop—she said, "You must either pay me or go"—he made use of a very had expression, and said he would kick her b—y a—down stairs—she said he was Irish, she would take no notice of him—he came towards the door as if to strike her, he put his fist very near her face, and she got away on the same landing—the two girls who went into the room with him, went towards him, to prevent his striking Mrs. Belasco—he pushed them on one side, and another girl struck him on the landing two or three times in the face, and made his nose bleed—I do not know who that was, as I had only been a week with Mrs. Belasco—they all went towards the back room door—it is a very steep staircase—the three girls pushed him out of the room from the door to the landing, and he went down stairs—Belasco was not up stairs at that time, that I swear—he was in the parlour down stairs; if he had been up stairs I must have seen him—I was there from the beginning to the end—when the man fell to the bottom, Belasco came out of the parlour, and shook him at the bottom of the stairs, and turned round to the two women, and said, "You, as women of the world, ought to know better than to bring a drunken man to my house"—he shook him, but did not strike him at all—I said, "Don't touch him, Mr. Belasco, he is tipsy, he has fallen down stairs"—he said, "Take him out of the house;" and went into the parlour—Hayes helped me to take him out, and he was put against the wall—I left him with the two girls outside the door—he did not get up and walk, he could not speak after he fell down stairs—I did not know he was dead, he was very tipsy when he came, I thought the fall had stunned him—Amelia Collins was not there at all, she was in bed; she is the person who was taken into custody.
Cross-examined by MR. HUDDLESTON. Q. How long had you been in this house? A. Not quite a week; it is a brothel—before that, I lived in Holborn, at a brothel—before that I was at home with my sister, in the Wal-worth-road; she keeps a shoemaker's shop—I was not on the town—on this night there was a lady and gentleman in the parlour with my master—I do not know who they were, or whether they are here—I saw them there after it was all over—the persons belonging to the house who went up into the room, were Mrs. Belasco, me, and the other girl who struck him on the nose—I do not know her name, she did not live in the house, she had been with some other man—I have seen her there before—I do not know whether she is here, or whether she is one of the witnesses—there was no one in the room besides those persons, and the man and the girls who were with him—there were only six on the landing—Collins, the servant, was in bed, and the children—the third girl struck the man on the nose, and two or three times about the head, and Tillett and' Hayes pushed him down stairs; that was to get him away from hitting Mrs. Belasco, who was making her way into the front room—I am quite sure I saw them push him—when he got to the bottom he was not able to stand—I did not see Mrs. Belasco bring any gin and give to the two girls; if there had been gin given, of course I must have seen it—there was not a drop of gin, I know very well—when the two girls pulled the man out, they never came in again—I never saw them again till I was at Bow-street—I heard the police come—I did not hear anybody say, "Don't answer him"—I heard the policeman say to Mr. Belasco, "There is a man outside, and he has been in your house"—I was going up stairs with the c company, some men and women, who were going to sleep there—I did not hear Belasco say he had not seen the man, or that there had been no man
there—he was in the parlour when the policeman knocked, the policeman was outside the door, and must have spoken loud to make him hear—Belasco went out of his parlour to him, to ask what he had got to say—it was a dark, stout policeman, that is him (Dodd)—I did not hear any person come or call out before that—after the man was put outside, I went up to sheet two beds for the company who were going to stop there all night—the servant was left down stairs in bed with the children—Mrs. Belasco always asks for 2s. when there are two girls—I did not interfere in the struggle up stairs—I kept out of the way on the landing, there was quite enough without me—I did not call out for assistance to protect the drunken man when the girl struck him—Belasco was down stairs—I only assisted in dragging the man out; we could not lift him he was so heavy—this is a regular brothel.
MR. ROBINSON. Q. You mean fresh company were going up? A. Yes; a great many were waiting for the rooms to be vacated—when we had put the man up against the wall, I went direct up stairs; therefore what took place in the parlour I could not tell—the two girls pushed the man, to get him out of the room; I do not say their object was to throw him down stairs—(Mrs. Levison and Frederick Turner were brought into Court)—that is the female who was in the parlour—I do not know the man; he was inside.
COURT. Q. That is the person who you call the lady? A. Yes; there are three rooms on the first floor, front, middle and back—when you get up on the landing you turn to the right to go into the front room, and to the left to go to the back; the middle room has the door fronting the stairs; this room was the back—there is a very awkward staircase there—you turn about half a yard to the left before you get in at the door—it is a little landing-place which you pass over—you turn to your left to do that, and go in at the door—there was no other man in the house besides Belasco and the gentleman in the parlour.
SARAH LEVISON . I am married; my husband is a commercial traveller. I have known Mr. Belasco some time, and previous to his keeping a house of this description—I called to ask his wife a particular question on this night—it was about 11 o'clock, as near as I can recollect—I remained, as near as I can remember, two hours—I have a child, eleven years old, who is very ill, and I went to get an address at Gravesend from Mrs. Belasco—previous to Mr. Belasco coming home, there was no noise, excepting that there were people coming in and out—he came home about 12, with the man who came into Court with me just now (Turner); they came into the room where I was—afterwards, it might have been after 1, the parlour door opened, a person came and called Mrs. Belasco out, and said she was wanted up stairs—shortly after she went out I heard a noise; there seemed to be a contest up stairs—Mr. Belasco was in the room, and the other man—I heard Mrs. Belasco go up stairs, and heard her say distinctly, "Don't, don't!" and shortly afterwards there was a rumbling noise, as if some person had fallen—while that noise was taking place, Mr. Belasco was sitting in the parlour smoking his pipe, or he had been smoking, for there was his pipe on the table—he jumped off his chair, and went to the parlour door; I went with him and saw a man lying doubled up, all of a lump, with his head down, as well as I can remember, and his heels, I think, were towards the top of the stairs, as if he had fallen head forwards down the stairs; at that moment several females rushed down stairs, and I heard Mr. Belasco say, "What is the meaning of all this? I will have none of this nonsense in my house;" or something of that sort—he took the man by the arm, made use of a vulgar expression, such as "Old fellow, what is this?"and one of the females made
use of a vulgar cant phrase, meaning that it was all right—he said, "It is not all right; I am surprised at you, as a woman of the world, bringing a drunken man; you might get the house indicted; if you don't all go out, I will send for a policeman, and have you all put out"—he was not with the man as long as I have been speaking; he, merely for one moment, put his hand on his shoulder; and when the woman used that expression I said, "Mr. Belasco, you had better come in, and let the women settle it;" and then he shook him for a minute, and came into the parlour—he did not strike him in my presence; if he had struck him at the bottom of the stairs I must have seen it—he did not kick or strike him in my presence.
Cross-examined. Q. Did he shake him violently? A. No, he did not; he put his hand slightly on the man's shoulder, and was in the act, as I suppose, of raising him, when I said, "You had better not interfere, let the women settle it among themselves"—he did not raise him, but immediately followed my advice—I did not see the man fall down stairs—I imagined Mrs. Belasco had fallen down stairs.
Q. Then when you found it was only a man who had fallen down stairs, you thought it was a woman's affair? A. I thought it was a drunken, disgraceful affair; and thought the women had better settle it—I staid till nearly 2 o'clock—I did not hear the policeman, or any voice at the door—I heard no voice saying, "Don't answer him"—I made no inquiry as to what had become of the man; it was not my business—I saw two women take him, one by each shoulder, and lift him towards the entry—I never saw Mr. Turner before; I think he left a little before I did—it was last Saturday week—I do not know which of us went away first—I went out of the room to go into Hart-street—we did not go out together; I do not know whether he left before me—I went there first; he came about half an hour after me, with Mr. Belasco—it was Mrs. Belasco that I went to ask the question of, and I asked her; that did not take me long—it was merely where she had been residing at Gravesend last summer, and she said that when her husband came home he would give me the direction—it was Everett, the town crier, of Gravesend; that was very soon given; but he had removed from there; and she said Mr. Belasco would give me the right direction—he came home at 12, and I asked him, and he answered me.
Q. What did you, the wife of a commercial traveller, do, after you had got the answer, waiting at a brothel? A. I have known Mrs. Belasco many years—I will show you that I went for that purpose, and no other—here is a certificate that my child was an invalid, and that is what I went for—Mrs. Belasco was an acquaintance of mine previous to her marriage—she admits her private friends—I had nothing to do with her business or occupation, and I was sitting talking to her till 2 o'clock in the morning—I had nothing to drink except a cup of coffee—there was no gin there in my presence, or gin bottle—Mr. Belasco was drinking porter—Turner was there all the time after Belasco came in; nobody else came in but Mrs. Belasco—I live at 10, Russell-place, not three minutes' walk from Mr. Belasco's—it is a small detached cottage—there is one bedroom for myself and husband, and one for the children—my husband travels for Mr. White, of Houndsditch—he is out about his business—he was at home at this time—I told him what I was going to Mrs. Belasco's for; I did that in the night, as I had my business to attend to in the day—I did not know I was going to stay, but Mrs. Belasco asked me—she did not ask me to take care of the children—she asked me if I would take an infant about two years old, which could not stand, off her lap—I had no intention of staying so long, and if I did, I did nothing, that I
was ashamed of—I do not know whether Turner or I left first—I went home by the Hart-street entrance, not the entrance that persons are admitted by—I did not bid Turner, "Good night;" he is no acquaintance of mine—I had h ad no conversation with him while I was sitting in the room with him—we never passed a word; there was no occasion—I knew the sort of house it was perfectly well, and I do not deny it—I had the coffee a short time after I came in, before Belasco came in—it was only the remainder of half a cup that was in the teacup—I heard of Mr. Belasco being taken before the Magistrate—I did not go, because I had no occasion—I did not know whether he was charged with murdering the man who had fallen down there—I did not know whether it might be another person.
MR. BALLANTINE. Q. After this transaction, how long did you stay in the house? A. I might have left about ten minutes after; no policeman came, while I was there, to my knowledge.
COURT. Q. If any policeman came, and Mr. Belasco went to the door to him, you must have known it? A. Yes; because he never left the parlour—Mrs. Belasco was not taking coffee when I went in—there was only about half a cup of coffee on the table—the coffee things were not on the table; it was only a few spoons full of coffee in a cup which had been standing for some time—it was quite cold—there was no coffee pot or teathings—that was all the refreshment I got while I was there—when Belasco and Turner came in, they had a little porter which was on the table—I think they poured it out from the jug—I do not remember it being there when I went in—I think it was brought in after they came in; I cannot remember their sending for it—there were not pipes and tobacco on the table when I went in—I do not know who brought them in, I did not take notice—they had nothing to eat, to my knowledge, before they began to smoke—I did not take any notice—I heard Mr. Belasco say, "My wife will be in directly; and as it is past 12 o'clock, you may as well sit down and enjoy yourself with your pipe"—Mrs. Belasco was not in the room when they came in; I was sitting by myself, with the baby in my arms—Belasco did not introduce Turner to me—he appeared to be a decent mechanic—Belasco said to him, "You are in no hurry; Mrs. Belasco will be here in a few minutes, and she will give you a trifle"—it appeared to me that he had been decorating some house, and that they owed him a trifle—there was no porter on the table then—there were some jugs in the room, but I do not know whether they got the porter out of them—there was a fire in the room—I sat down by the fire when I went in—it faces you as you go in—Mrs. Belasco asked me to hold the child, as it was very cross, and I got up and walked the room with it—I was doing so when Belasco and Turner came in; I am quite sure of that—I may have changed my chair—I did not sit on them all—I did not see them when first they came in, as my back was to the door—I was standing still by the fireplace with the baby in my arms, I heard the door open, turned round, and saw them come in—I moved away from the fireplace, and took a seat near the door—I sat there till Mr. Belasco came in, and she said her husband would write out the direction, and while she was speaking to me she was again called from the room, and I distinctly heard the contention on the landing—I was sitting down then with the child, nearer the door than the fireplace—I went and sat near the door when they came in, as I did not want to hear their conversation—I afterwards moved back nearer to the fireplace with the child—that was also between the fireplace and the door—my chair was on the right hand side of the fireplace as you come into the room, and then I changed my place to sit on the left as you enter.
FREDEROCL TURNER . On Saturday night, to-morrow fortnight, I came home with the prisoner—it must have been very nearly 12 o'clock—a female was in the parlour—that is her (Mrs. Levison)—when I had been in the house something like three quarters of an hour or an hour, I heard a little bustle up stairs, and said to Mr. Belasco, "What is the matter here?"—he said, "Oh, women bring in drunken men"—he did not move from his seat, neither did I or any one else—perhaps a minute or two elapsed, and then I beard a little rumbling sort of noise, like a scuffle, up stairs, and the female went out first, as far as I could judge, and then Belasco—I did not get off my seat at all—there were three or four females there—I got off my seat and went to the door, but no further—I saw no man, only two or three females and the female who went out of the room—I said to Belasco, "What do you stop out there for? let the women settle it themselves, and come in"—when I heard the rumbling Belasco was in the parlour with me—he was not out of the room two seconds, and the woman who went out said, "Let the women settle it themselves, and come in"—he came in, took his pipe from the table (he and I were smoking together), and sat down again with me, not beside me, but a little opposite me, by the side of the fire-place—I never knew him to be a prize fighter, or anything but a kind, comfortable man.
Cross-examined. Q. Have you been drinking anything to-day? A. Have I? yes, I have; three glasses of ale, nothing else; I paid for it myself f—when Belasco lived in Brydges-street he kept a coffee house—I did the painting and decorating there; it is above four years ago, for which he owed me 8l. odd—I received 4l. odd, and the rest has been running on till now—Belasco pleaded poverty at all times, and what could I do? he said, "When I can pay you I will"—when a man has a disposition to pay, why should I put him to any unnecessary trouble?—I had been laid up with the colic, and wanted money, and not knowing where Belasco resided I called at his father's, and went with Belasco to his house; I did not know it was a brothel; I had never been there before—I did not get a farthing—I had some porter—the woman (Mrs. Levison) was there when I went in—she left the room a portion of the time I was there, but was not gone five minutes altogether—I should say she did not go up stairs with a gentleman; if she did, she was very quick about it—she left the room twice, but did not go out of my sight the second time—I went away first—I did not bid her "Good night;" why should I? I had never seen her before—it must have been very near or quite 12 before I left the prisoner's father's house—I cannot say what time it was when I left the prisoner's house—I might have been there an hour, under or over, but I will not undertake to swear anything—I am speaking facts—I have sworn once, but not all this time—I went to the parlour door when I heard the noise, and saw a man there—it was Belasco—he was not doing anything—he was standing a little outside the parlour door—he had not got hold of any one—I could see into the passage where I stood, and saw two or three women, or there might have been four, at the foot of the staircase—Belasco was close by me; I beg pardon, I am wrong; the woman who was in the parlour when I went in was nearer Belasco than I was—I saw no man there but Belasco—I could see the staircase—if there was a man there, I must have seen him.
MR. BALLANTINE. Q. Do you mean to say there was no man at the bottom of the stairs? A. I never saw him—the women were at the bottom of the stairs, between me and the stairs, as it were, and the opening of the parlour door—I could see several of the bottom stairs, seven, eight, or nine—I could not see the top stairs—I do not know how that was.
COURT. Q. You mean the seven, eight, or nine lowest stairs? A. Yes; I could see them very distinctly—Belasco smoked with me in the parlour: we sat down together after we went in, and had a pipe and some porter together—the woman was in the room when we went in, and one of the servants brought a child in for her to nurse, and she passed her time away in that manner—she was not going about the room with the child—I did not take particular notice of her, or she of me, I dare say—the room is not particularly large—she was sitting a great portion of the time I was there by the side of the fireplace, not so near to the fireplace as me; I sat near to the fireplace, and when I was smoking my pipe, I expectorated into the fireplace—I never saw her go out of the room but once—I never said twice; she went out once—when we went there, the female only was in the room, sitting alone—she had not the child then—it was brought in afterwards by a female, I do not know who, not by Mrs. Belasco—I know her—when we heard this little bustle up stairs, the female went out of the room into the passage—I did not get off my seat—I did go into the passage in the event—that was the only time she was out of the room—I saw no man lying at the foot of the stairs—I must have seen him if he had been there, unless he was covered by the females around him—I could not say anything beyond that there were two, three, four, or five females, and they might have covered a man who was standing there—I did not go from the door to see whether it was male or female.
Q. You told me just now you could see very plainly the bottom stairs? A. I said five, six, seven, or eight stairs up, but not reckoning from the bottom stair.
Q. Yes; I asked you the question? A. Then I could not do so under those circumstances—the women had their backs to me, they were bustling and huddling about—I did not feel at all interested, or at all in any way see that I ought to have anything to say in it, and I came back into the room, and I only know Belasco was with me at the time; he went out and the female who was there called to him to come back into the room—it is very possible that a man might be lying on the mat and I not see him.
AMELIA COLLINS . I am a servant at this house. On Saturday fortnight I went to bed about a quarter to 12 o'clock—I got up next morning about 10—I was not present at all, except in bed, at any of this disturbance—I heard nothing of it till next morning—I was charged before the Magistrate by Tillett and Hayes, remanded, and ultimately discharged.
Cross-examined. Q. What is your age? A. Nineteen—I have been servant there since 28th April, they keep two servants—I do not know the name of the girl who struck the man—my fellow-servant Louisa Carrol was up at the Court—I came from home from my grandfather's, 3 Wild-court, to this place—I heard of the place and went after it—I was kitchen servant—I am still in the service—I never open the rooms for the gentlemen—I knew it was a brothel when I went there.
MR. BALLANTINE. Q. How many children are there? A. Four; I went to bed with the youngest baby.
COURT. Q. At what time? A. About a quarter to 12 o'clock—it is eight t or nine months old—I do not know the age of the next child, he was in another bed in the same room—there was no other child to nurse but the one I had; three of the children walk and take care of themselves; the youngest cannot take care of itself; the other three children were in bed in the kitchen—all four children were in bed in the same room with me—I dressed the children next morning—I found them all in bed as usual—I was not disturbed
in the night by any of them, none of them were ill that I know of—I went to bed about a quarter to 12—I was tired, and fell asleep directly—at that time three of the children were in one bed, and the baby was with me in bed—they did not cry in the night, they never do cry—they were in? very good health.
GUILTY of Manslaughter. Aged 27.— Confined Twelve Months.
(Mrs. Levison and Turner were committed for contempt of Court.)
GUILTY . Aged 23.— Transported for Seven Years.
MR. CLARKSON conducted the Prosccution.
JULIANA PHILIPPA MASSEY . I am the wife of Charles Massey, a tobacconist, of 164, Oxford-street—he keeps a betting list—on Tuesday night 13th April, about 10 o'clock, the prisoner came there—my husband and I were sitting in the parlour adjoining the shop, having our supper—I went out to attend to the prisoner—he wished to back a horse, named "Nancy,"—I think, for the Chester cup, for 10s.—I called my husband, who came to the counter, and went to the desk to write a ticket—the prisoner handed me a 5l. note—I took it next door to ask for change, which they had not got, and while I was there my husband came in, took the note from me, and sent me home to mind the shop—I found the prisoner waiting there—he said if he had known the difficulty we had to get change he could have got it himself by getting a glass of ale, which I advised him to do, as Mr. Massey appeared so long gone, and he said something about being so delayed that he had better have brought his nightcap—my husband returned in about twenty minutes with an officer.
Cross-examined by MR. GIFFARD. Q. You took the note into your hands first, I believe? A. I did; I did not know that we had not got change; but I did not like to change, it being so late—I went out with it in my hand momentarily—my husband saw it, before I went out, and handled it—we did not say anything to each other about it, the prisoner could have heard us—I said, "I will go next door and get it changed," and went out—I did not object to the look of the note, I merely thought it was late, and I did not know the party passing it—Mr. Massey did not tell me not to change it—I was not gone a second before he came after me, and sent me back—there were two or three other customers in the shop, besides the prisoner, but no one connected with the shop.
CHARLES MASSEY . I keep a tobacconist's shop, at 164, Oxford-street, and have a betting list there. On Tuesday, 13th April, whilst sitting with my wife in the parlour, the prisoner came in—my wife went out to serve him, and when I understood his business I went to him—he said he wanted to back "Nancy," for the Chester Cup, to the amount of 10s.—I went to my desk to make out a ticket—the prisoner laid a 5l.-note on the counter, my wife took it up, and asked if she should go and get change—I looked at it, and not liking the appearance of it, I said, "Yes, go and get it changed"—she went, and I followed her into the next door, took the note from her, and sent her back to the shop—I then took the note to a neighbour's and compared it with a genuine note—I was satisfied there was a difference, and took it to the police station, in Marylebone-lane, to ask their opinion of it—I gave
the note to Roberts the officer, after putting my initials on it—this is it (produced)—I then returned to the shop with an officer—I said to the prisoner, "I have nearly got into a pretty mess, I have been charged with trying to pass a bad note"—he said, "Who has done so?"—I said, "Come along with me"—he said, "Very well," and he walked with me and the officer to the station, the officer was in his uniform—I did not give him into custody—the inspector asked him his name, and where he lived—he said his name was William Ward, and he lived at 14, King-street, Soho, at Mrs. Williams's, that he occupied two rooms, and that he was a journeyman painter, and had been out of employ some months, and had lived on his money—he was asked how he became possessed of the note, and he would not tell them—he said he did not know, he could not account for it, it was his business—the policeman asked him if he had got any more of them—he said something to the effect that he had got more notes at home—I did not understand him to mean more bad notes, but more money.
Cross-examined by MR. PARRY. Q. How long were you gone for the change of this note? A. About twenty minutes—I did not try at all to get it changed, I merely showed it at two places, to ask the people's opinion upon it—I did not want change, because I had plenty of change in my pocket—I did not express any suspicion of the note in the prisoner's presence—I did not converse with my wife about it—she gave it me in his presence—I told her to get it changed, and said it would require my name and address on it—I did not express my opinion of it by my manner—I must have appeared to him as if I was anxious to get it changed—there were no other persons in the betting room, and when I returned there was no one there but my wife and the prisoner.
CHARLES ROBERTS (policeman, D 107). On 13th April, between 10 and 11 o'clock at night, Mr. Massey came to the station with the note—I took it, and put my initials upon it—this is it—I went across to a confectioner's, and compared it with another note, to see whether it was good or not, and while I was gone Mr. Massey went back to his shop, and returned with the prisoner and an officer—I told the prisoner the note was a bad one, and he must consider himself in my custody—I said, "Where did you get this from?"—"Oh," he said, "that is my business; I have got plenty more of them"—"Oh, indeed?"I said—the charge was then taken by the inspector—we asked his name, and where he lived—he said William Ward, 14, King-street, Soho, and he was a painter—I took a cab immediately, and went to 14, King-street, Soho—I found no Mrs. Williams there, or any person lodging there named Ward.
Cross-examined. Q. Was Mr. Massey present at the time you took the prisoner? A. Yes.
TIMOTHY CONNELL . I am a tailor, and live at 14, King-street, Soho. I have lived there for the last fourteen years—I let a portion of the house—I never saw the prisoner before, to my knowledge—I never had a Mrs. Williams lodging with me.
Cross-examined. Q. Are there any ladies lodging at your house? A. Not single ladies.
THOMAS RICHARDS (policeman, M 10). I have known the prisoner from eight to ten years—his name is William Hall—I do not think he has been doing anything particular for the last two years—before that I have seen him serving behind the bar of his father's public house—I saw him not long before this charge was made against him—I never knew him by the name of Ward, or living at 14, King-street, Soho.
Cross-examined. Q. Where did his father reside? A. In Old Gravel-lane—he kept the George for many years, but has been away from it these two years.
SARAH RICHARDSON . I am the wife of Henry Richardson, of 39, Hall-street, City-road; I have a brother named Gascoigne, a butcher, at 108, Curtain-road, Shoreditch. On Saturday night, 10th April, the prisoner came to my brother's shop, about 9 o'clock—he asked for a leg of mutton—he was shown some—he said they were all too large for his family, and he chose a leg of lamb instead—it came to 3s. 11 1/2 d.—he gave me a 5l. note—he said the leg of lamb was to be sent to 27, Worship-street—I said, "The boy shall take it directly"—when he gave me the note, I told him I was afraid my brother could not give change—I gave my brother the note, he gave the prisoner change, and he left—the leg of lamb was given to the boy, George Cunningham, to take home—I should think the prisoner was in the shop ten minutes, I cannot exactly say—on the Monday week following I went to the House of Detention, and there saw and recognized the prisoner—he is the person that came for the leg of mutton.
COURT. Q. I suppose you are very busy on Saturday night? A. Yes, it is always a very busy time in a butcher's shop—the shop was very full—I did not bestow more time on his leg of lamb than was necessary—I attended upon other customers.
Cross-examined by MR. PARRY. Q. When you gave the note to your brother, did you go on attending to other customers? A. Yes; a policeman fetched me to go to the House of Detention—he told me that the prisoner was in custody for uttering a 5l. note in Oxford-street—he did not say that the man was in custody who had passed the 5l. note to me—he said there was a man in custody for passing a 5l. note—the prisoner was not pointed out to me at the prison—I am quite sure of that—I saw him in a cell by himself—the policeman was not with me—the young man at the shop was with me—he is not here—he could not recognise the prisoner—I felt sure he was the man—I had some hesitation at first, but I saw him again at Marlborough-street, And was confident then—I had not the same confidence at first that I had when I saw him at Marlborough-street—I told the police that the young man could not recognize the prisoner, and they did not bring him as a witness—he went there for the purpose of recognising him.
MR. CLARKSON. Q. What was the opportunity, and how was it exercised, of your seeing the prisoner at the House of Detention? A. I was shown several prisoners; I should say eight or nine, or it might be more—one of the officers showed me round—he opened the different doors and told me to look in, and asked if there was any one there I knew—I said yes, there was one there who I suspected was the man, but I could not swear to him positively then.
WILLIAM GASCOIGNE . I am a butcher, of 108, Curtain-road, Shoreditch. My sister was at my place on Saturday, 10th April—in the course of the evening, about 9 o'clock, I think, a man came in for a leg of mutton—it was the prisoner—he at last selected a leg of lamb to be sent to 27, Worship-street—my sister, who was taking the money, handed me a 5l. note for change, and I gave the prisoner 4l. 15s. 11 1/2 d. out of it—I put the note into my purse and placed it in the till—I had no other note in the house—the prisoner said, "The boy can go with me"—I gave the boy the lamb, and told him to take it to 27, Worship-street, and he went after the prisoner—Worship-street is the next street—the prisoner went that way when he left the shop—I think he was in the shop altogether rather more than ten minutes—I noticed the
note when I received it, and held it up to the gas light and looked at it—I observed the name of "Smith" written at the back, and also some figures—this is the note (produced)—the boy came back shortly afterwards with the leg of lamb and made a communication to me—I then took the note out of my purse, looked at it, and replaced it again—I kept it there till I went up stairs to bed that night, and then placed it in a secret drawer in my bedroom—on the Monday I took it to Messrs. Pocklington and Lacy, in Smithfield, and showed it to Mr. Lacy—it did not go out of my sight—I then put it into my pocket, and at 6 the same evening I took it to the police station in Featherstone-street and gave it to Evans, the policeman—before doing so, I put my name at the back—on the Thursday following I went to the House of Detention—I there saw twelve or fourteen prisoners, and among them was the prisoner—he was the last one I saw—I did not want to see any more—I believed him to be the person.
Cross-examined. Q. Did you go with your sister? A. No; she went a few days after me—Roberts, the policeman, came for me—he did not tell me they had got the man who had passed the note to me—he said they had got a man for passing a 5l. note in Oxford-street, and I was to come and see whether that was the same man—I went through the cells—they opened twelve or fourteen, I should think.
COURT. Q. Did you, before your sister went, tell her that you had been there? A. Yes; and that I had seen the man—I noticed that the man who passed the note had a very full eye, a thin face, and a peculiar action of the neck—he stood by my side—I am rather deaf, and he kept putting his head forward—we had several customers that night.
MR. PARRY. Q. Did not you speak of the party as "a man resembling the prisoner?" A. I did; I said at the police court that the resemblance was most striking, and I say so now—this is my deposition (looking at it)—Mr. Bingham asked me, "Do you believe the prisoner to be the man?"and I said, "I do; the resemblance is most striking"—those were my words—I also said the resemblance was very great.
GEORGE CUNNINGHAM . I occasionally assist Mr. Gascoigne. I remember a man coming there on the evening after Good Friday—he wanted change for a 5l. note—he bought a leg of lamb—the prisoner is the person—he gave the note to Mr. Gascoigne's sister—I heard the prisoner say the lamb was to be taken to 27, Worship-street—it was given to me, and I followed the prisoner with it—I went towards Worship-street—he joined another man like himself, and walked fast up the Curtain-road—I went oh to Worship-street—I found two No. 27's—I took the lamb to both of them; they would not take it in at either—I brought it back and told my master—some time afterwards, I think it was last week, I came to Newgate, and was shown about a dozen prisoners—I pointed out the prisoner among them.
Cross-examined by MR. PARRY. Q. How was it you did not go before the Magistrate? A. I do not know; I was told to go to Newgate—my master and mistress had not told me that they had seen the man that passed the 5l. note, they said nothing about it; they asked me if I knew where Newgate was, and I said no, and they said, "Ask the policeman"—I went by myself to Newgate—I had not heard them talk about having been to the House of Detention, or about the man that passed the note—I knew that a man had passed a note, because I saw him give it—I heard my master tell the man that it was a bad note—I did not hear him say that he had seen the man that passed it, and that he was in Newgate—I knew what I was coming to Newgate for—I did not know the prisoner's name—I did not know that
my master and mistress had been before the Magistrate—I was first spoken to about going to Newgate last week, the day on which I went—my master told me to go and see if I could recognise the man that passed the bad 5l. note—I went and saw about twelve men walking round the yard—Roberts was not with me, nor any policeman, only the turnkey—I pointed out the prisoner.
MR. CLARKSON. Q. You were to have gone with Roberts, but missed him; is that so? A. Yes; I went by myself—I told them what I came for—they showed me round, and I pointed out the prisoner.
MR. PARRY. Q. Before you pointed out this man, did not you point out another? A. Yes; they told me to be sure—I only pointed out two, that one and the prisoner—I pointed to the other one because I did not particularly look at this one—I was looking at the twelve men to see which was most like—I saw one that was like, and then I thought I saw another that was more like; this one was more like than the other—after pointing out the prisoner I did not go on looking at any more—I was told that he was the man.
MR. CLARKSON. Q. Was that after or before you had pointed him out? A. After; when I saw this man I felt sure he was the man—I feel sure about it now.
COURT. Q. I suppose when you saw the first man you were sure, too, were you not? A. No; I said I thought he was the man—they said, "Be sure;" and then I looked at some more, and said, "That is the man"—they did not tell me to be sure then; they said he was the man.
JOSHUA FREEMAN . I am one of the inspectors of bank-notes at the Bank of England. I have looked at these two notes, one No. 94650, dated 2nd Sept., 1850, and the other 23432, dated 4th July, 1851; they are both forgeries in every respect, paper, plate, and signature; one is pretty well done—they are not from the same plate, and I do not think the paper is the same.
Witnesses for the Defence.
CHARLELS WARD . I am a printer. On Saturday evening, 10th April last, I was at a public house called the Falcon, I believe, in Old Fish-street, from about ten minutes or a quarter past 6 till five or ten minutes past 10 o'clock—I was drinking some ale at the bar with a gentleman named Hughes, and the prisoner—it was proposed that we should have a game, at cribbage, and we went into the parlour and played—I and a Mr. Williams, the prisoner and Mr. Hughes played—I can swear that the prisoner never left the room, from the time I went there till after 10.
Cross-examined by MR. CLARKSON. Q. Who do you work for? A. Mr. Dick, opposite Mrs. Coghlan's, who keeps this public house—I think the sign is the Falcon—I have known the house for the last seven or eight years—I believe it has been kept by the same landlady—Mr. Williams is not here to day—Mr. Hughes is; he kept a public house some time ago in Bermondsey-new-road—I do not know how far that is from Gravel-lane; I do not know Gravel-lane—I had never seen the prisoner before the night I speak of, the 10th—I think it was the 10th; it was the Saturday before Easter Sunday—I was not before the Magistrate—I nodded to the prisoner when I came into the witness box, because I saw he was the gentleman who was in my company on 10th April—I had not seen him since until to day—swear that.
MR. GIFFARD. Q. You were subpoenaed here this morning, I believe? A. I was; nothing was said to me by the prisoner's solicitor before I came in, about recognizing him—I looked at him, because if I could not have sworn to him I should not have taken my oath.
COURT. Q. You say you were playing cribbage together that night? A. Yes; we commenced about half past 7 o'clock, or near upon 8, and the prisoner never left my company till past 10—that was the first time I had ever seen him in my life, and the last time until to-day—I did not give him my address—Mr. Hughes called on me about this; I have known him some years—I do not know whether he knew the prisoner—it is often the case that you go into a public house and play with persons you never saw before—Mr. Hughes was my partner, and the prisoner and Williams—Mr. Hughes and I won the whole of the games; I believe it was four games; we played for a pint of ale each; we won four pints, and the prisoner and Mr. Williams played off—I sat looking over the prisoner, and telling him what cards to throw out—the landlady charged sixpence too little in the reckoning—the prisoner told the landlady of it, and paid it—I parted with the prisoner about ten minutes past 10, by Mr. Calvert's printing office, going towards Black-friars-bridge.
MR. GIFFORD. Q. Was there not a person of the name of Rowker that although he did not play? A. Yes; but he was only there till something like half past 8 or a quarter to 9 o'clock—we were together—I left work about 6—we make a practice of going over to this public house on a Saturday night, to have a glass of ale.
WILLIAM HUGHES . I have been a publican. I was at the Falcon on 10th April last; I think I went there five or ten minutes before 6 o'clock, and I left about five or ten minutes after 10—Mr. Ward was there—a person named Rowker, and a person named Williams, and the prisoner—I am sure the prisoner was not out of my company from ten minutes before 6 till I went away.
Cross-examined. You say you have been a publican? A. Yes; I cannot say that the dogs used to fight in my place—I did not have dogs fight there twice a week, never in my life—the sign of the house was the Moulders' Arms, in Red-cross-street, Borough—queerish company came there now and then—I cannot say whether thieves sometimes came; I never asked them—I know nothing about forged notes—I never saw one, that I am aware of—I do not know the market price of them—since I gave up the Moulders' Arms, I have been looking after another public house—I have not left the Moulders' Arms above four or five months—I am now living at 3, Bermondsey-street, in the front parlour—I have two rooms—I am married, but have no family—I have lived there ever since I left the Moulders' Arms—the landlord's name is Clark—I pay perhaps 4s. a week—I left the Moulders' Arms because it did not suit me—I did not fail; the house failed—a person named Rawdon succeeded me—it is not a small house—I left the furniture there, the incoming tenant took it, at a valuation—I have been living on part of the money—I sold it for 250l.—I cannot say what I owed—I paid what I owed as near as I could—I have known the prisoner these eight or ten years, his father kept a public house in Gravel-lane, that was where I first knew him—I cannot say what he has been doing since—I was not particularly intimate with him—I went with him to this public house this night from my house—he came there as we were having tea—I used not to see him very often—perhaps a fortnight previous to that I might see him—I saw him sometimes once a week, or once a fortnight—I cannot tell where he lived—it was somewhere by the Elephant and Castle, but I cannot tell where—I believe his father now keeps a house at Rotherhithe—I think he is here to-day—I think I have seen the prisoner since 10th April—I am not certain—I have not been to see him in Newgate—I do not know how he got his living—I do not know where he was on 13th
April—I was not before the Magistrate; I was subpoenaed here, I think yesterday, by Mr. How the solicitor—I cannot tell when I first heard of his being in trouble, or who I heard it from.
COURT. Q. On what day had you last seen him before 10th April? A. I cannot exactly say—it might have been one day in that week, very likely—I cannot exactly say whether I have seen him since 10th April or not—I have not seen him since he has been in trouble—I remember this occurred on Saturday 10th April, because I expected to get some money from one of the workmen that evening, which I had lent him, and he paid me 10s., and the prisoner happened to be with me which made me notice it, and it was the Saturday before Easter Sunday—I went into the Falcon with the prisoner—I saw Ward there—he came in perhaps a quarter of an hour after we had been there—I think Williams and Rowker came in with him—we were talking, and conversing in front of the bar, from six o'clock till 8, and then it was proposed that we should go into the parlour, and have a hand of cards, which we did—we played four games of cribbage, I and Ward were partners, and the prisoner and Williams—we won three games, and the others one—we played for 3d. a corner, a pint of ale each.
CHARLES ROWKOR . I am a printer. I went to the Falcon, on 10th April, about five minutes past 6 o'clock—I staid there till five or tea minutes past 9—I and two or three of my shopmates were standing at the bar for some time, and then we went into the parlour—the prisoner was there, and I sat in the parlour with him till nine or ten minutes past 9, and he never left my company—I then went away.
COURT. Q. Did you leave him behind? A. Yes; they played cribbage—I was not playing with them, and I cannot tell who were partners—I was playing at all fives with a shopmate—the others played I think for some ale, and I think they had some gin and water—I did not notice who paid for it—I had some—I was in the parlour all the time I was there.
GUILTY . Aged 23.— Transported for Ten Years.
NEW COURT.—Friday, May 14th, 1852.
PRESENT—Mr. Ald. SALOMONS; Sir ROBERT WALTER CARDEN, Knt., Ald.; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq. and the Fifth Jury.
MR. SLEIGH conducted the Prosecution.
HENRY DEIGHTON . I am assistant to Mr. Barnett, a pawnbroker, of Saville's-place, Lambeth. On 10th April the prisoner came and brought these two rings—he asked the loan of 10s. on them—I saw that they were diamond rings, worth from 25l. to 30l.—he said his wife bought them three months ago, for 10s. each—I asked where be lived—he said, at 31, High-street, Lambeth, and his name was Lewis Jarvis—I sent for a policeman, and told the shopman to secure the door—the prisoner made considerable resistance, but was secured, and taken to the station—these are the rings.
JOSEPH SUBLIVIA . I live at 37, Hatton-garden, and am in partnership with Mr. Cohen; we are manufacturing jewellers. I was at Liverpool in March, and had transactions with Mr. Joseph—I left three rings with him, on sale or return—one was kept—these are the other two—if they were not sold,
they were to be returned by the North Western Railway—on 8th April a box was delivered at my house by one of the porters of the North Western Railway—in consequence of some arrangement, I did not open the box—I put a sheet of brown paper round it, and sent it back the same evening to Liverpool—in a few days afterwards I received information—the box came back in a week or ten days—I then opened it—these rings ought to have been in it, and they were not in it—I did not see anything the matter with the box, but I found there were two rings missing—a parcel of twelve rings had been disturbed—I found several rings loose.
SOLOMON SPIERS . I am assistant to Mr. Joseph, a jeweller—I remember, on 2nd April, packing up a box, which was sent to London by my employer—this is the box (looking at it)—I put into it two rings, exactly like these—to the best of my knowledge, these are the rings—these were put in separately—there were other rings, but these were separate—the box was nailed down, but not corded—it was addressed to Messrs. Cohen and Co., Hatton-garden, London—I had those rings in my hand sufficiently to know that they were exactly the same as these.
COURT. Q. Were any rings loose as you packed them up? A. No, none; the box was packed up on the Saturday, and sent on the Monday—when I had packed the box I left it with the gentleman in the parlour.
JOHN JONES . I am in the employ of Mr. Joseph, of Liverpool. On Monday, 5th April, I received instructions to nail a card on a box directed to Mr. Cohen, of London—I nailed it on, and that card is on this box now—it is, 11 Messrs. S. Cohen, and Co., Hatton-garden, London"—I took the box to the station of the North Western Railway, and delivered it to Mr. Martin.
JOHN MARTIN . I am a clerk to the North Western Railway Company, at Liverpool. It is part of my duty to receive parcels—on 5th of April I received a box similar to this, directed to Cohen and Co., from the last witness—I weighed it—it was 14 lbs., and I forwarded it to London by a covered van, No. 4076—it is part of my duty to see that packages are sound before I send them, or else I should report them in bad order; I should remark that on the note—the box was perfectly sound and tight when it was delivered to me.
JOSEPH SHARRATT . I am a labourer in the employ of the London and North Western Railway Company, at Liverpool. It is part of my duty to load the goods in the wagons, to look up the wagons, and turn them out on the main line—I remember the box now produced being delivered to my custody in the due course of business—I put it in a wagon, locked it up, and turned it out on the main line—it is my duty to examine all the packages—if I find one not in good condition, I report it.
JOHN HORATIO NICKSON . I am a clerk in the London and North Western Railway Company, doing duty at Park-lane station, Liverpool. I have the entry book here—here is an entry on Monday, the 5th April, of one box 14 lbs., from Joseph to Cohen and Co., I remember entering this.
THOMAS MASH . I am a clerk in the railway at Camden-town station. If is my duty to check the receipt of the goods with the invoices—on 6th of April, the van, No. 4076, arrived, bringing this box for Cohen and Co., London—I was present when the persons unpacked the van, and I saw this box taken out of it—I put my mark then and there against the entry in the invoice.
ELIAS BORTON . I am in employ at the North Western Railway Station, at Camden-town—I call out the things that are taken out of the van—it is my duty to see that the boxes are in sound condition—I looked at this box, and it was sound.
WILLIAM CLARK . I am in the employ of the Railway Company, at Camden-town. It is my duty to receive the invoices, and enter the articles in the book—this box arrived, and I entered it for delivery by the wagon of Baxendale and Co., on the 6th April.
WILLIAM PECK . I am a porter, in the employ of the Railway Company. I remember, on 6th April, taking the delivery book to the parcel department—I put this box into the van belonging to Baxendale and Co., the prisoner was the driver of that van—the box was quite sound—it was not corded.
Prisoner. I put the box in. Witness. I saw that it went in.
WILLIAM PLATT . I am a guard, in the employ of Messrs. Baxendale. On 6th April, I accompanied a van as guard—it left the Camden-town station at 20 minutes past four o'clock in the afternoon—the prisoner was the driver—the contents of the van were entered in a book—this is it—here is an entry of this box, addressed to Cohen and Co.—I remember there was a deal box like this one—I could not swear to the box—it is my duty, as guard to the van, to deliver the goods, and deliver them in good condition—if they are in bad condition they make a mark against it—I remember delivering a box of this description to Mr. Cohen—I believe it was sound—Mr. Cohen signed for it as sound, and paid me 2s.—I had about twenty-two deliveries to make that day—I got to Hatton-garden about half past 6, or 7—in the course of delivering goods I occasionally leave the van for five, or six, or seven minutes—when I leave it the driver remains with it—on this day I had left the van several times—Mr. Cohen's was about the eighth or ninth delivery—the boxes are so placed that we can get them at every place we come to—the prisoner might have got at it—it was his duty to take care of the van.
CHARLES BEAUMONT . I am a private watchman, in the employ of Messrs. Baxendale. They are agents for the North Western Railway Company—I received this box from Mr. Luvlinea, on a Friday, I do not remember the day—there was no cord round it—the lid was nailed down with short nails—he gave me this bit of wood.
Prisoner's Defence. I picked them up in a bit of white paper; one of the crates had opened the lid of the box, I expect; I picked them up in the van.
GUILTY. Aged 22.—Recommended to mercy by the prosecutor. — Confined Six Months.
NOT GUILTY .
THIRD COURT.—Friday, May 14th, 1852.
PRESENT—Mr. Ald. FARNCOMB; Mr. Ald. CARDEN; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and a Jury half Foreign.
543. CAROLINE HORSNICK, alias CRAMER , and JOSEPH STRASSUER were indicted for stealing 3 bracelets, 8 rings, and other articles, value 43l., and two 5l. Bank notes; the property of Frederick Arnold Engelbert D'Alquin, the master of Horsnick, in his dwelling-house: to which
HORSNICK pleaded GUILTY . Aged 23.— Transported for Ten Years.
The evidence was interpreted to Stressor.
FREDERICK ARNOLD ENGELBERT D'ALQUIN . I am a German physician, and live at 4, Ovington-terrace, Brompton. The female prisoner was in my service; she entered it on 11th Feb—I met with her, in consequence of an advertisement in the Times, at the Yorkshire Grey Coffee-house, in Lower Thames-street—I asked her if she had put the advertisement in the paper—she said yes—I thought she was a superior woman, and said a place of all work was not fit for her, she was more fit for a lady's maid—she said she had been accustomed to work from her infancy, and did not mind it—I said I lived alone with my wife, and she could try the place if she liked—I took her into my service on Wednesday, 11th—the next day, between 4 and 5 o'clock, she asked to go out to make some little purchases, and she was gone about an hour, but in the mean time I found she had left the street door open—on her return, she asked me if I or my wife had been in the kitchen—I said no, but reprimanded her for having left the door open, and cautioned her I had been robbed twice before, and that it was not like Germany—she was then in a great flurry, and said she had lost a valuable brooch which had been given her by her brother-in-law—she said a beggar had come to the window, and she opened it to drive him away, and must have left it open and the brooch lying there—she then reminded me that there had been three coats hanging in the passage—I only found two, and then we missed a teapot and some forks—the next day my wife missed a sovereign from her purse, and a great part of the bills on the file were taken away and burnt—on the 16th, five days after the female entered our service, I saw the man standing at the end of the terrace where I reside, and my wife pointed him out to me as a friend of the woman's, who had called several times at my house in my absence—he had a parcel under his arm—I then went home, and saw him come to the house and have some conversation with the female, who then asked me for some paper to write a letter to her mother, just to say she was comfortable and happy, as her brother-in-law was waiting outside and was going that very day to Germany; that was between 11 and 12—between 12 and 1 I sent her out to fetch some flour, and she never returned—she went out rather heavily dressed to go just round the corner—my suspicions were roused, I went up stairs, and missed my wife's jewel case and its contents, some of my wife's dresses and shawls, and some spoons—there were a great many rings in the jewel box, and a 10l. note—I gave information to the police—the female told me she had been living six years with a counsellor on the Continent, and gave me this written character with a seal to it (produced), which is very satisfactory—the house is my dwelling house, and in the parish of St. Mary Abbotts, Kensington.
CHARLOTTE SIMONS . I am chambermaid at the Hotel de l' Europe, Leicester-place, Leicester-square. The prisoners came there on 16th Feb., between 2 and 3 o'clock, and remained till the next day—they both had the same bedroom, No. 6—about half an hour after they arrived the lady was dressing, and I saw a jewel case on the table—during the evening the lady went out twice—they were apprehended the following day.
JOSHUA MONCKTON (police inspector, C). In consequence of information, on 17th Feb., at 1 o'clock, I went with superintendent Otway to the Hotel de l' Europe, and went to No. 6 room, where I found the two prisoners—the female was in the act of counting some money into the male's hands—I told them we were officers, and had come to take them into custody—I took the male prisoner, and to way the female—I commenced searching the male prisoner—he caught something from his waistcoat pocket, held down his hand,
and I then discovered he had a razor in his hand, and before I could wrench it from him he cut his left wrist twice—the razor fell on the floor, the female caught it up, and cut her left wrist once—we mastered them, sent for assistance, Dr. Linton came, and he advised me to take them to the Hospital; they were badly cut—they were taken to Charing-cross Hospital—I found on the male prisoner 1l. 10s. in gold and 1l. 10s. in silver, 5 1/2 d. in copper, and two keys, one of which unlocked a portmanteau which was in the room, and in the portmanteau I found this jewel case (produced)—it had been broken open—there were some jeweller's tools in the box; the male prisoner is a jeweller—I found two seals in his pocket, one of which makes an impression like that on the written character which has been produced—the portmanteau and boxes were packed apparently ready for starting—the female has been in the Hospital ever since—I subsequently searched the portmanteau again, and found in it two cloaks, a sheet, and an ivory brooch, and in the box, which was locked, and which I opened by the other key I found on the male prisoner, I found a lady's dress, a shawl, and two pieces of ribbon.
DR. D'ALQUIN re-examined. I cannot swear to this sheet, but I can to all the other things; they are mine.
JOHN WATSON . I am foreman to Mr. Tate, pawnbroker, of Cambridge-street, Golden-square. I produce two diamond rings, six rings of various coloured stones, three brooches, a gold chain, a locket, a gold swivel, a silver spoon, brequet key, a gold snap, six seals, and four trinkets, or charms—the female prisoner brought them to our house on 17th Feb., about half past 10 o'clock in the morning—she produced fourteen duplicates, and said she had been compelled to pledge the property they related to during her stay in England, that she was going to start for America that afternoon and should not be able to redeem them, and wanted to dispose of the whole of the property—she explained it partly in broken English and partly in writing—I told her if she was the party who had pledged the articles, and was the rightful Owner, I would purchase the tickets, and told her she must wait while I went to Mr. Luxmore's, in St Martin's-lane, where two of the duplicates, one for 5l. and the other for 4l., referred to—I there saw the property, and the assistant described the female who had pawned them, and that answering the description of the female at our house I redeemed them, returned to the prisoner, and she said that was the property she wished to dispose of—I told her I should not buy them until I had been to Mr. Somes's, at Brompton, and ascertained whether they were correct, as they were old tickets relating to ten or eleven months back—I went to Mr. Somes's—he sent me to Dr. d'Alquin—I related the circumstances to him, and he went with me to Vine-street pob'ce station—the officers on duty there made arrangements with me to detain the whole of the property and duplicates, and to make an advance of 3l. to the female to enable them to apprehend the male prisoner—the officers came to Cambridge-street, and waited on the opposite side of the way—I gave the female the 3l., got a receipt from her, and when I saw the officers in readiness outside, I brought her out at the private door, and turned her face towards where they were watching to give them an opportunity of seeing and following her.
COURT. Q. What was the amount of property you got at Luxmore's? A. Two rings, pledged for 5l., and some more for 4l., pledged on the evening of 16th Feb.—I paid Luxmore 9l., and I advanced the woman 3l.
SAMUEL MILLER . I am assistant to Mr. Attenborough, of Greek-street. I produce two bracelets, pledged for 2l. by the female prisoner—in consequence of her speaking so imperfectly I requested her to write her name, and I copied
it, "Madame D'Alquin;" and she represented her husband to be a physician—she also pledged two table and two teaspoons, on which I lent her 25s.
JOHN MERCER . I am assistant to Mr. Burgess, pawnbroker, of Long Acre. I produce a mustard pot, a salt spoon, a brooch, bracelet, cross, scent bottle, and some forks (produced), which were pledged by the female prisoner on 16th Feb.—I lent her 15s. on them; the greater part are plated.
JOHN BUTTON . I am assistant to Mr. Vincent, pawnbroker, of Queen's-buildings, Brompton. I produce a coat, teapot, and three forks, which were pledged on 12th Feb., for 6s., in the name of Cramer—I do not recognize the female.
DR. D'ALQUIN re-examined. All this property is mine.
Strassuer's Defence. I know nothing about the robbery.
STRASSUER— GUILTY . Aged 26.— Transported for Ten Years.
(There was another indictment against the prisoners.)
Before Mr. Common Serjeant and the Seventh Jury.
544. JOSEPH SAMUELS, JUDAH GOBERG, JACOB SOLOMONS , and SIMON ROSENTHAL , stealing 420 rabbit skins, value 8l.; the goods of Conrad Scrimp. 2nd COUNT charging Goberg, Solomons, and Rosenthal, with receiving the same, knowing them to be stolen.
MR. COOPER conducted the Prosecution.
CONRAD SCHIMPF . I am a skin dresser, at Buckle-street, Wbitechapel. The prisoner Samuels came to. me, and said his name was Aaron Levy—he opened a book and said, "Is your name Scrimp?"—I said, "Yes"—he said he wanted to buy a great quantity of skins; that he came from Mr. Taylor, of Leeds, and mentioned five or six different colours. which, he said he wanted—he said he had no time to see a sample then, but I was to bring him a sample in an hour and a half to No. 3, Sandy-street—I and ray man took the samples—I saw Samuels there; he asked the price, and told me to bring every skin I had got—I took them—there were 520 dozen—I counted them in his presence, and they had been counted before I took them, by one of my men, in my presence—I have a memorandum of the number made at the time (looking at it)—I cannot write myself; it was made out next morning, when I took the skins, by some one else—I counted them when they were packed up, and there were about 500 dozen—the value of them was 108l. 13s.—I packed them up, and took them to Sandy-street—Jacob Solomons and Samuels were there—Samuels said we were Justin time—we took them into the front parlour, counted them separately, and he said they were all right—he stood by while we counted them—he then said, "Make out a bill"—I said I could not write; I called one of my men, and a bill was made out—when I sold the skins, the agreement was that I was to be paid for them on delivery, and he was to give me eighteen-pence each for the bags—he told my men to go home and be back by 3 o'clock, and they were to pack the skins up and take them to Euston-square, as they were going to Manchester that night, and he would pay them well for it—I said, "You said yesterday that you came from Leeds?"—he said, "Oh, we deal with Russia, America, and all parts"—I told my men to stay and watch—I gave Samuels the bill, and he said, "Will you be so kind as to go with me to the Bank of England?"—I went with him there to five or six offices, and he came back and said the man had not come in yet, and mentioned a man's name who would be there in an hour and a half's time, whom he could draw 500l. or 600l. of; and he said he wanted to go to a sale of foreign skins the next day, and wanted to lay out a deal of money—he said we had better go to a public house for an hour and a half—
we went to one at the back of the Bank, and he called for a pot of beer and a screw of tobacco—after a while he put his hat on the table, and left the room—I waited a quarter of an hour—he did not come back, and I went to Sandy-street—I found my two men there, told them how I had been served, and tried to get into the house, but could not—I had been away a little more than an honr—I went to the police, went back to Sandy-street, and at last got into the room where the skins were, and took them to Colchester-street, where I reside—I counted them there, and missed thirty-five dozen—Let, the same man, helped me to count them, who had done so before I took them.
Cross-examined by MR. PARRY. Q. Can you read or write? A. No—I had never seen the person who I say was Samuels before be came to my shop—I counted the skins before they left my shop—I can count—I swear I counted hem with such accuracy as to swear to the number that left my house—I have got it down here—it is not my own writing—I counted them myself—they were all tied up in five dozens—I counted the bundles—there were 104 bundles, 520 dozen—I told them out myself, with my own hands—I did not see Samuels again till he was in custody, more than a fortnight afterwards.
MR. COOPER. Q. Are you quite sure he is the man; A. Yes; I always put five dozen skins in a bundle.
SAMUEL LET . I am in Mr. Schimpf's employ. My master counted these skins in my presence before they left the shop—I took them to Sandy-street, and was present when my master counted them there—I do not recollect how many bundles there were—I helped to put them in the parlour—Samuels said they were all right—I came out of the room, and my master and Samuels were there, and Samuels wanted a bill made out—my matter could not do it, and called me in, and on account of the different prices of the skins I could not reckon it up; I said if they would give me half an hour, I could—it was a little after 12 o'clock, and Samuels wanted us to go out till 3, and then come and pack these goods, and take them to the Euston station, and be would pay us well—I received orders from my master, in consequence of which I remained near the house, while my master and Samuels went to the Bank—during the time my master was gone I saw Goberg and another man I do not know, come out, and in about an hour after that Rosenthal, the landlord, and several others came out of the house with a man with a tub on his back—the man carrying the tub was going to the right, and Rosenthal took him by the arm, and took him to Artillery-passage, which leads towards Bishopsgate-street—(the witness Holsenberg was called in)—that is the man who came out with the tub—I did not know what was in the tub—there was glass and rubbish at the top of it—it was a herring tub, about two feet and a half high—I have been looking for Samuels since—I saw him on 1st April, and gave him in charge.
Cross-examined by MR. BALLANTINE. Q. Did you see Solomons at all? A. No; there was a stout gentleman with Goberg when be came out of the house—he was not one of the prisoners.
MORRIS FISHELL . I am a town traveller, and live at 7, Newnham-street, Goodman's-fields. In Jan., I and my wife occupied the back parlour at 3, Sandy-street—Rosenthal was the landlord—I saw these skins some time after they were brought, as I was going out—my room was divided from the room where they were, by folding doors, which were locked on the other side—on the morning the skins were brought Goberg said he wished to speak to me on a little business, in consequence of which I went with him to the corner of Artillery-lane, Bishopsgate, where we met Solomons—we all three joined, and
Solomons, who I had not been friendly with, asked me to have something to drink, and Goberg told me they had a bankrupt's stock, and it belonged to a poor person, and he wished to save a few of the articles for him, and asked me if I could tell him how to save any, or get them away—they both asked me that—I told them I did not know of any way they could get them away, they must know themselves—they did not mention what they were—Goberg asked me to write them a receipt—I think he said, "Would you write me a receipt?"—he brought me paper, and I asked what I was to write, and he said, "Received, 20l.," I think it was, "on account for goods"—I wrote it, and gave it to Solomons—they both spoke when they asked me to write it, one intermixed with the other—Goberg went out while I was writing it—they told me to go home, and they would see me by-and-by—I knew them both before at 3, Sandy-street.
Cross-examined by MR. BALLANTINE. Q. How did you sign the receipt? A. "Forget me not"—I did not write the name they told me—I have never been a witness before.
MR. COOPER. Q. How came you to write "Forget me not?" A. I thought there was something wrong going on, and I did not want to write my own name—Solomons did not speak plain, but I am almost sure he told me to sign it "Schimp."
HARRIET FISHELL . I am the wife of last witness—I remember seeing the bundles of skins in the front parlour, and saw Goberg and Solomons—Goberg, on the stairs, in German, and after that two strange men, who appeared like labourers, brought the skins through the front parlour and through the back into the yard, and placed them in the waterbutt—it is a large high waterbutt, and there was water in it at the time—that was about 12 o'clock—about 2, the same men took them out of the waterbutt, and placed them in a small barrel, and about an hour after I missed the barrel—during that day I was asked by Solomons for the key of my door, the door leading from the parlour to the passage—there were people passing in and out, and I asked what, was the meaning of the confusion in the house—Solomons told me it was a bankrupt's stock they had there—that referred to the goods in the front parlour—Rosenthal and his family used that as a sleeping room—I saw Solomons and Goberg again in the afternoon, in the kitchen.
Cross-examined by MR. PARRY. Q. When was it you saw the strange men? A. Several times in the course of the morning—the water was afterwards drawn off from the tub—the tub stands six or seven feet high.
MR. COOPER. Q. How were the skins put in? A. The cover was removed, and they were put over the top—they were afterwards got out with a broom.
ABRAHAM HOLSENBERG (through an interpreter). I am a labourer, and live at Three Tun-alley—in Jan. I lodged at 3, Sandy-street—on 20th Jan. Rosenthal called me, and asked me to remove a tub—I took it from where the water is kept—I did not see what was in it—it was heavy—I took it to Bishopsgate-street on my shoulder, Rosenthal went with me—we met Goberg and Solomons, standing in Bishopsgate-street—they took the tub from my shoulder, and I went away—while carrying it I felt water dripping from it.
Cross-examined by MR. PARRY. Q. Has Rosenthal ever beaten you for thieving? A. No; when I was robbed of my coat and money I began to cry, and he beat me—I have never had any quarrel or dispute with him.
In Jan. I lived servant at Rosenthal's—I know all the prisoners by their being backwards and forwards at my master's—I recollect Mr. Schimpf bringing some skins—they were put in the front parlour—all the prisoners were at the house that day, and before the skins were brought—Goberg was Samuels' master—Samuels worked at slipper making—after the skins were brought Mr. Schimpf left the house—I do not know who went with him—the skins were then taken through the back parlour into the yard—I afterwards saw Rosenthal and two strange men take the skins out of the waterbutt—I cannot say what time that was—it was before teatime—we generally take tea about 6 o'clock—they were then taken up stairs, but I do not know who by—I afterwards went up to the room where the skins were and saw Rosenthal, Goberg, and Solomons there—there was a fire, and the skins were spread about drying.
Cross-examined by MR. PARRY. Q. How long did you live with Rosenthal? A. Seven months—I am married now—I did not marry from his service—before I left there was a coat missing—I did not hear of Holsenberg's being beaten about it—my master was not angry about it—I did not see Holsenberg crying—my master did not charge him in my presence with stealing the coat—these skins came in the morning of 20th Jan.—I kept he date in my memory—I think I ought to keep it when I have been so often before the Magistrate—the policeman told me the date.
JOHN CALDICOT (City policeman 579). Let gave Samuels into my charge, on 1st April, in the Minories, and said, "I give this man in charge, for robbing my master, and obtaining skins from him by false pretences"—Samuels said, "I know nothing about your master, or the skins, I am a slipper maker, and have worked with a master three years"—I took him to the station, went after Goberg, and found him at his house, 19, New-street, Houndsditch—I inquired of him whether he knew Samuels, and whether he had worked for him—Goberg said he had worked with him a long while, and had left him two or three months—I took him to Fenchurch-street station—I took Solomons in custody on 4th April—I took them before the Lord Mayor, and they were sent to the Thames police court—while there Samuels said, "If I am guilty I will take three months before I split upon my mates"—that was on 7th, before going before the Magistrate.
JOSEPH HUGGETT (City policeman 23). On 20th Jan. I went with Schimpf, to 3, Sandy-street—I saw Rosenthal, and I asked him if he had any skins, brought there the previous day—he said he had—I asked who they were brought by—he said, "By that man" pointing to Schimpf—I asked if he knew who bought them—he said he did not know, unless it was some Germans who had been lodging there—I asked if he knew their names—he said no—I asked him what rooms they occupied—he said, "This," pointing to the front parlour.
(Solomons, Rosenthal, and Goberg received good characters.)
SAMUELS— GUILTY on 1st COUNT . Aged 24.— Confined Eight Months.
ROSENTHAL— GUILTY . Aged 45.
SOLOMONS— GUILTY . Aged 30.
GOBERG— GUILTY . Aged 29.
on 2nd COUNT— Confined Twelve Months.
OLD COURT.—Saturday, May 15th, 1852.
PRESENT—MR. BAROW PLATT; Mr. Ald. FARNCOMB; and Sir ROBERT WALTER CARDEN, Knt., Ald.
Before Mr. Baron Platt and the Fourth Jury.
MR. PARRY conducted the Prosecution.
THOMAS WILLIAMS . I live at Buckingham-place, Marylebone-road, Chelsea. I and some others had taken a room at 27, York-street, for a new society, called the Westminster and Pimlico New Progressive Teetotal Society—the premises were first taken by seven of us—the prisoner was a member, and one of the seven—I was not one of the seven, nor was Collina—it was afterwards extended to fifty-two or fifty-three members—they were shareholders—the shares were taken up at 1l. each in reference to this room—I was one of the fifty-two or fifty-three, and so was Collins—on Thursday evening, 10th March, a general meeting was called for the purpose of arranging the affairs of the society in reference to the manner in which the prisoner had behaved in regard to the society—he had done something to displease some members—a person named Cox was connected with the society—he occupied part of the premises, and was a member—there was a room about seventy feet long, refreshment room, &c.—the prisoner had wished the society to allow him to pay the rent of the premises in his name, and for it to be signed as taken for him only, which was objected to by the members generally, in the prisoner's presence and hearing—on the evening before this happened, I was present when the agent of the landlord was sent for—the prosecutor, Collins, was in the chair—the landlord's agent was asked, in the prisoner's presence, who had taken the premises—his answer was that no one individual had been given up possession of the premises, but the seven had signed the agreement, and the premises had been thrown open—we came to a resolution, in the prisoner's presence, that the key was to be given up by the agent, Mr. Smithan, to our treasurer, Mr. Gwyer, who held it on behalf of the members—you have to go through a house occupied by the agent to get at the premises—the prisoner said in the presence of the meeting, that I and others should not hold two meetings, which we had arranged with the society to hold, one of which was to be called "The Trial of Sir John Barleycorn," and that on the next day he should let it be seen who would hold the possession of the premises—on the next afternoon, from 2 to 3 o'clock, I saw the prisoner on the premises, fitting up a bedstead in the room where our meeting was to be held—he said nothing to me, nor I to him—he had brought bedding there, and a large chest—we were going to hold a committee there that evening—about a quarter to 8, I went to the room, and found the door closed and barred—I knocked two or three times—the prisoner made some answer, which I could not exactly understand—we asked him to let us in—he said we should not enter the premises that night—we told him plainly we wished to bold the committee meeting, which had been appointed in his presence the night before—he still refused—Michael Collins and several other members were present—we broke open the door with a piece of quartering, and saw the prisoner with a small pistol in his hand, which he presented at me—he was about four or five yards from me—he snapped the cock, but it missed fire—Collins then walked up to the door, and said he thought he was acting very foolishly towards
himself, and a d—d rogue towards the society—the prisoner held some sharp dispute with him, which I did not hear—I then heard the prisoner say that whoever entered that room would receive the contents of another pistol, which he then held in his left hand, and he had a cutlass in his right hand—Collins was standing at my side at the door—the prisoner made three attempts to cut Collins's arm with the cutlass, as it rested on the part of the door which remained uninjured—he cut at him twice, and missed him both times, as Collins drew his arm away, but he still continued to stand in the doorway, and to speak to the prisoner—the prisoner said a second time that whoever stepped over the threshold of that door should receive the contents of the pistol—he had then got the pistol in his right hand, and the cutlass in his left—he still kept for two or three moments in conversation with Collins and others, who were standing on the stairs, and then deliberately took up the horse pistol and fired it at Collins, which shot him in the belly—he called, "Oh, my Lord, I am shot!"and fell, but was caught by Bassett, who took, him away—he had not attempted to walk into the room—two policemen were on the premises some few minutes previously—the prisoner, after he had shot Collins, walked up and down the room, singing some words about blood and France—he was not extraordinarily irritated—he again said that whoever entered should receive the contents of a pistol—we were afraid to enter, and so were the police—one of the police would have entered had he not, been pulled back by one of our members—inspector Moran was sent for—when he came the prisoner was still standing in the room with a pistol and cutlass,—the inspector said he must surrender—he made the inspector promise that he would take charge of the things in the room belonging to him, and he was taken into custody two or three minutes afterwards—after he had fired at Collins I saw, by his shadow on the wall, that he was reloading the horse pistol, though I could not see him, the passage being very narrow—only one or two can pass at a time, and we were not all at the door.
MICHAEL COLLINS . The prisoner had claimed possession of these premises in York-street, and there had been disputes—on this Friday evening I broke open the panel of the door, and saw the prisoner with a pistol in one hand and a cutlass in the other—I asked him to come out—I had my arm on part of the door, and he said, "Take your arm off there, or I will cut it off," and he made one cut at my arm and another at my foot—I told him he had no business to take possession, and told him if he was a man to come out, and there was a policeman outside that would take care of him, and see that no harm came to him—I did not see any pistol snapped which missed fire—the prisoner said, "Collins, by the God that made me, if you put your foot over the trussle of that door, your life will pay for it"—we still continued to tell him he had no right there, and in a minute or two he presented the horse pistol at me, and fired—I stood there as much as a quarter of an hour, disputing with him, but had not laid my hand on him—no one was touching him, he was quite free—I fell back, and was taken to the Hospital.
Cross-examined by MR. BALLANTINE. Q. Did you say, "You are a d----d rogue to the Society?" A. No; I did call him a son of a bitch—he deals in tools and things of that sort—I do not know whether he sells pistols.
WILLIAM MORAN (police inspector). I was sent for, and found the prisoner standing inside the door with this pistol in bis right hand, and this cutlass in his left (producing them)—the pistol was on full cock, and he was threatening any person who came in at the door—I told him he was acting very foolishly, he had shot a man, who might be dead, and I came to apprehend him
on that charge—he said if that was what I came on, he would surrender—on the table I found this horse pistol—it was loaded, and I drew the charge—also this powder flask, and a quantity of shot and percussion caps—he said at the station he did not intend to hurt the man, the pistol went off accidentally, and hurt himself in the groin.
Cross-examined. Q. Have you been to his shop? A. Yes, since; he sells tools, and it is very likely he may sell such things as these.
COURT. Q. Were both pistols loaded? A. Yes; with powder and shot—I found no other pistols but these.
GEORGE BRITTON HALFORD . I am house surgeon of Westminster Hospital. On 12th March, about 10 o'clock, Collins was brought there bleeding from the abdomen, and from the left arm, produced by a large number of shots which were scattered all over his person; one shot was in one of the veins of the left arm—I removed all I could; here are some which I found on the floor of the ward, and some came away from his bowels two or three days afterwards—some had entered deeply, some are in now—I found fifty or sixty shots in him, he was spotted all over like a pudding—it was a very serious wounding; he was in danger of his life for at least a fortnight—I have continued to attend him ever since—he remained a month or six weeks in the Hospital, he is an outpatient now—he has a good deal of irritation yet—I found some shots near the heart, that is, under the skin opposite to it; but there were muscles and ribs to get through before the heart could be reached.
Cross-examined. Q. Can you tell, from the position of the shot, whether the wound was in a downward direction? A. I should say it must hare been level, because they were all scattered regularly—the chest was the highest part I found wounded.
(William Carrington, syrup manufacturer, of St. Margaret's-place, Westminster; Jacob Lewis, foreman, of Carson-street, Westminster; George Blair, teacher of music; and George Cox, coffee-house keeper, gave the prisoner a good character.)
GUILTY on 2nd COUNT. Aged 40.—Recommended to mercy by the Prosecutor. — Transported for Ten Years.
Upon MR. CLARKSON'S opening the case, MR. BARON PLATT was of opinion that the act done by the prisoners did not come within any of the provisions of the Act upon which the indictment was framed; MR. CLARKSON therefore offered no evidence, and the Jury found a verdict of
NOT GUILTY .
MR. DEARSLEY conducted the Prosecution.
ROBERTCOURT CULLEN . I am a furniture dealer and general agent, and live in Downham-road, Islington. I employed the prisoner in my service—I entered into this agreement (looking at a paper)—I have sent for Mr. George, my clerk, who is the attesting witness—the prisoner entered my service a week or two previous to this agreement being signed—he was in my service on 13th and 14th March last—on 13th or 14th, Miss Huggins, of West Green, sent some furniture and goods to my place to be sold; they were sold on the 15th—I made an advance of 30s. to her upon it, I paid it myself—part of
the furniture was sold, and realised 6l. 7s. 6d.—after deducting my commission, and the cash advanced, there was a balance of 4l. 4s. 6d.—I gave that to the prisoner on the 17th, to pay the lady—I gave it into the hands of a friend of mine who was in the counting-house, and he passed it to the prisoner in my presence—on the following morning I asked him for the receipt, he told me he had mislaid it on his bed, and could not find it—three or four days afterwards, he gave me this receipt (produced)—in consequence of complaints which I received, I afterwards went to the house of Miss Huggins; that was in April, I think—I produced this receipt to her, she complained that she had not received her money—I went again on another occasion and took a witness, Mr. Dever, who is here.
Cross-examined by MR. HUDDLESTON. Q. Where was this business carried on? A. No. 7, Chichester-place, Gray's-inn-road; I know nothing about the prisoner having carried on business there three years previously—I have heard that he carried on business there, but I never saw the place—I was not to take to the business and bring in a capital of 50l.—I did not want to get the lease of the premises from him—he and a Mr. Walter, I think it was, had the lease—I did not offer him 10l. to give me up the lease, he sent a friend to me to ask whether I would give such a thing—I was prepared to do it—that was not after I had had him taken up on this charge—I cannot remember the date he was taken the first time, but a friend of his spoke to me—it was not my wish to prosecute, if I could help it—his friend wanted to know whether I would give him 10l. if he would leave the premises—he had not been before a Magistrate then, he had been taken up—I was prepared to have given him 10l. to give up the premises, and I would have given up the prosecution; the business had nothing to do with it, it was my business—he was not discharged—I had given him into custody—he came out of custody through a friend of his not wishing me to prosecute—there was nothing said about compromising a felony—he did not go before a Magistrate—I did not withdraw the charge—he came out of custody by an agreement drawn up by a gentleman, a friend of his, Mr. Mould; I do not know that that gentleman keeps Miss Huggins—I let him go out of custody on an understanding that he would leave the premises—I was given to understand that he was not considered in custody at all—he had been locked up all night on a charge of forgery; he was given into custody again, in consequence of his not taking the advice of his friends and leaving the premises—he refused to give up the lease and take the 10l.; if he had taken the money, and given up the house and premises and the lease, most likely he would not have been retaken.
Q. In plain English, you had no objection to compromise this felony, and give the 10l. if he would give up the lease? A. I would at that time, through a friend of his who came to me—the prisoner was introduced to me as a very poor man—he wished some one to take the business and assist him; he had been in great difficulties in the business, and I did so.
COURT. Q. I thought you said, just now, that you did not know he had carried on business there? A. I did not, till about a week before I went into it—he was a stranger to me, he was introduced to me by a solicitor—I must have known that he had carried on the business, but I did not know him till I was introduced to him about the business.
MR. HUDDLESTION. Q. Were you to bring the capital in? A. Yes; I laid out a great deal of money on the stock of the house, 50l. or 60l.—I was in difficulties some years ago, not lately; it was two years and a half ago—I paid upwards of 400l.—I paid, I think it must have been, 3s. or 4s. in the pound; I did not count it—my debts were about 1,500l. or 2,000l.—I cannot
say just now; I do not think it was more than 2,000l.—I had not been in difficulties before that—I was carrying on business in partnership with Mr. Devey, not at the time I took the prisoner's premises—we are not in partnership now; we have never been exactly in partnership, we have had our names up together—that was in Salisbury-square, about nine months back—I believe the names are not up still—we left the premises about a fortnight previous to my going to Gray's-inn-road—we did not put our names up there—I am carrying on business there now in my own name—Mr. Devey is not in partnership with me, he is acting for me—the prisoner was the auctioneer in the sale of Miss Huggins's goods, employed by me at so much per week—I was the clerk; the man was the master, and the master was the man—I will not be certain when it was that he was taken up the second time, but I think it was on 27th April last—he was discharged then on his own recognizances, and appeared again, I think, last Tuesday week, I will not be certain; he had been out for a week on his own recognizance—I did not ask him to give up the premises before that; I swear that—I did not ask him to go off the premises, I had hardly seen him—I have not paid him any money for the premises—I am in possession of them now, and my name is up—the lease is not a valuable one—I did not offer 10l. for it; a friend of his asked whether I would give him 10l. to enable him and his wife to get out of the premises, and I said yes—I do not know that Mr. Curtis had had 100l. offered for the lease—it is a broker's shop—I am going to carry on business there, if I can keep it—there was no name up before I put mine—the premises were very old indeed; I had them done up and repaired.
MR. DEARSLEY. Q. When this took place about the 10l., it was after you had found out about the receipt? A. Yes; I did not say I would give 10l. to get rid of the prisoner—he sent a friend to roe to know whether I would give him 10l., he being very poor, to leave the premises—I purchased to the amount of 50l. or 60l. in the concern—I am quite certain that the prisoner told me that he had paid the 4l. 4s. 6d. to Miss Huggins, and that he produced the receipt to me as her receipt.
COURT. Q. You said that the prisoner was the auctioneer, and you were the clerk; I do not know whether you meant to say that: what wages did you receive as clerk? A. Instead of employing a young man to be clerk, I took the book myself and watched the sale, and took the money—he sold for me; I meant to say that I acted as clerk—I know now that I did succeed the prisoner in the business—I sent him with the 4l. 4s. 6d. to pay Miss Huggins—he had no right whatever to put that in his pocket.
MATILDA HUGGINS . I live at West-green, Tottenham; I am single. About 13th or 14th March last I sent some furniture to the last witness's premises for sale—I did not require a sum of money in advance, nor did I receive any—I did not receive 30s.—I did not after the sale receive 4l. 4s. 6d. from the prisoner, nor any sum at all, on the sale of those goods; I have not received any money for any part of them—this receipt is not my handwriting—I remember the last witness coming to me with this receipt—I complained to him on seeing this receipt that I had not been paid the money—I did not authorise any person to put my name to this receipt.
Cross-examined. Q. Did you at that time owe the prisoner any money? A. No; I never owed him any money—he owed me money; he has not paid me any money on this sale—if you mean that he was to make some purchases for me, he had some money of mine in hand, with the understanding that he was to pay for things—I do not know whether Mr. Rickards, the wig maker's hill was among them—if I sent the man to buy anything he had the money
to pay for It—it may be Rickards's, or it may be any one else—I have known him for about eight months, from last Aug.—he owed me money on former bill, and he has paid me money—I know Mr. Mould.
Q. You are living with that gentleman, are you not? A. I am shortly to he married to that gentleman—I shall not answer whether I lived with any other gentleman before—I did not say I had been living with Mr. Mould; I refuse to answer the question—I live at West Green—I was born there—I have lived in the same house all my lifetime—I have not taken a cottage there lately—I am living at West Green now, and have done so all my life-time, except when residing at my sister's—I have heard of a great many public houses called the Nightingale, I do not know of one in particular—I never was in a public house called the Nightingale with the prisoner, that I know of—I do not remember ever having been in a public house with him—I saw him on 17th March; I did not have some port wine with him at a public house—I remember walking with bim, because he wished to speak to me; but I do not remember entering a public house—I swear I was not in a public house with him on 17th March—I hesitated, because it is necessary to hesitate and then speak, because then I can speak the truth—I was not in any public house with him that day, and I did not have any port wine; that I swear—I have had tea with the prisoner—I did not have tea with him on 17th March, with ham, and eggs, and toast—I have not lived at Hornsey—I do not live there now, and never have—I have not a cottage there—Mr. Mould had better answer for himself whether he has—I have been through Hornsey with Mr. Mould; I have not lived at Hornsey—I have been to see to the preparation of the house, where we are to live when we are married.
Q. Have you never slept there? A. Am I obliged to answer that question? I need not answer that question—I have slept there; I do not know how often—I do not remember when I first slept there—it is not six months ago, or two months—I may have slept there a month ago—I do not know whether I may have slept there fifty times—Mr. Mould was living in the house when I was sleeping there—the prisoner has called there—he has not had wine with me there—I will swear that, nor tea, or any meal—I do not know that there is a public house opposite Mr. Mould's cottage at Hornsey; I know there is a beer shop, called the Nightingale—I have never been there, I swear that—the prisoner has not given me any money; he has paid me money that was due to me—I had made an appointment with him before the 15th, to meet at the Angel, at Islington, to accompany me to buy a bonnet; it is the bonnet I have got on—I am not used to London, and he told me he would take me—I think it was before that that we went to Mr. Rickards's—I went there with him one day, and I tried on a wig; we did not go there for that purpose—I did not dine with him that day—I might have taken something, but I did not dine with him; I did take something; I do not remember what, or where it was; it was not in a private house, it was in a public house; I do not know the name of it—I do not know what refreshment we had—it is about four weeks ago—I do not remember whether we had wine, tea, or coffee—the prisoner paid for whatever we had—the price of the wig was 35s.—it was "A full front, long curls, and true to nature"—it was not said that it was to be sent home, so that Mr. Mould might not see it—we do not show the gentlemen everything—the prisoner paid for the wig—it was sent back; he gave me a receipt for it—that was not on 17th March, it was much later—I think Mr. Mould did see the wig once; be soon found out that it was a wig.
Q. Did not the prisoner tell you that he had sold the goods, and that he
had got the money, hut that he was rather short of money, and ask you if it would make any difference to you whether he paid you then, or when the remainder of the goods were sold? A. He did not; he told me the goods were not all sold—he did not give me a sovereign at that time; I swear that—he did not give me a sovereign, and ask if I would allow him to keep the rest, as he was short of money, until he had settled with Mr. Cullen about the premises; nor did I say to him, "That will do very well; and if you will give me a shilling to pay for my dress, it will save me changing the sovereign"—I did not say anything about my dress—the prisoner knew that I had money—he did not tell me that Mr. Cullen and himself were on terms of difficulty, and that he could not pay me the money; and ask permission to make use of my name to Mr. Cullen, and to keep the money until be could pay it; that I swear—I decline to answer how many persons I have lived with besides Mr. Mould—I do not know a Mr. Green, a veterinary surgeon—I decline to answer the question.
MR. DEARSLEY. Q. Had you employed the prisoner to sell furniture for you before? A. I had at the latter end of Aug. last year; he had not paid me all the money; he owed me a balance of about 3l. 10s.—the prisoner told me he had sold part of this furniture, but he never mentioned that he had received a penny—he had no authority from me at that or any other time to put my name to a receipt—nothing was said on the subject—I expected to receive from him the whole of the money for the furniture.
COURT. Q. With whom did you deal on the subject of this furniture which you sent to be sold in March? A. With the prisoner; he was the only person I knew in the transaction—I employed him to sell—I expected to receive the money produced by the sale—I did not know Mr. Cullen at all at that time—I have never received any money from him—he did not pay me 30s.
COURT to MISS HUGGINS. Q. You say that this house at Hornsey was being fitted up on your approaching marriage with Mr. Mould? A. Yes; I had not employed the prisoner to buy furniture—he owed me a balance of 3l. 10s., which was understood between us was to pay for the things he was to buy for me—there was only one thing that was bought that came to the house at Hornsey; that was the wig—that went in reduction of the 3l. 10s. balance.
CHARLES THOMAS DEVEY . I am agent for a Manchester house, and reside at 11, Downham-road, with Mr. Cullen. On or about 17th March I was present when Mr. Cullen paid the prisoner 4l. 4s. 6d.—I do not know what was said at the time—I knew what it was intended for, but did not take particular notice of what passed—four or five days afterwards I saw this receipt handed by the prisoner to Mr. Cullen—he said it was Miss Huggins's receipt.
Cross-examined. Q. Are you in partnership with Mr. Cullen? A. No; we have been mutually in business together; we intended to have been partners, and to have a deed of partnership, but, strictly speaking, it did not ripen into a partnership—we had our names up together for a short time—I have nothing to do now with the business, but, having been used to the business all my life, I assist him as a friend.
COURT. Q. Were you present at the sale of this furniture? A. Yes; there was a catalogue of it—the prisoner acted as auctioneer.
Cross-examined. Q. That agreement purports to bear date 15th April? was it signed till the 19th? A. It was signed, I think, on the 19th; the prisoner was at the counting-house when it was signed—I did not know about this charge of forgery—the prisoner was not told that, if he did not sign this agreement, he would be charged with forgery; not a word was said about it—Mr. Hawley, my master, was the attorney that drew it up—he is not here—I do not know why the agreement was not signed on the 15th, the day it bears date—Curtis never refused to sign it.
MR. DEARSLEY. Q. Do you know the day of the week it was signed? A. Wednesday; it was not signed the day it is dated—perhaps I may be allowed to state that the agreement was taken to a gentleman of the name of Mould, who had the whole arrangement Mr. Hawley did not have anything to do with it; in fact, I declined to take the instructions altogether.
(The agreement was here read. It was dated 15th March, 1852, and was between Curtis and Cullen. After reciting that they were joint tenants of the premises in question, it proceeded (in eight articles) to state in substance, that for five years the business of an auctioneer, &c., should be carried on by Cullen, he paying the rent (50l. a year) and all expenses; that Curtis should have the use of the upper part of the house, and assist Cullen in the business, at a salary of 15s. per week; that he should take out his auctioneer's license at his own expense, and should not carry on business as an auctioneer, broker, or furniture dealer, there, or within a mile thereof.)
(The prisoner received a good character.)
NOT GUILTY .
( There was another indictment against the prisoner for stealing the same money, upon which no evidence was offered. )
548. WILLIAM HOLMES, BENJAMIN JACOBS , and WILLIAM WOOLNOUGH , burglariously breaking and entering the dwelling house of James William Humphreys, and stealing an iron chest, 150 sovereigns and 110 half sovereigns, and other moneys; his property.
MESSRS. HUDDLESTON and M'MAHON conducted the Prosecution.
JAMES WILLIAM HUMPHREYS . I am a baker, and live in Grundy-street, Poplar; I have a wife and three children. On Saturday night, 24th April, I closed my house after 12 o'clock—I had then an iron chest in the back parlour, containing 215l. in gold, a 10l. note, and about-3l. or 4l. in silver, 15s. in halfpence, and two or three florins—the coppers were in the lid of a large tin grocer's tea canister—I came down next morning between half past 6 and 25 minutes to 7, merely to see the time, not to get up, and on looking at the shop clock, I cast my eye through the glass in the parlour door, and saw the back parlour window open, and the two back doors—I went to the front door, but could not see a policeman—I went up stairs and dressed myself—I had been awake about a quarter of an hour before I went down, but did not hear any noise, nor yet during the night—I waited about a quarter of an hour before the policeman came by—I did not even open the doors till he came, so that there should be nothing disturbed—I then found the chest was gone altogether—it was twenty-four inches square each way, across, depth, and length, and the chest itself weighed about 2 cwt. without the contents—I could not lift it myself—there are two back doors—they were both open—one leads from the bakehouse into the back yard, and the other closes the back yard up, and then there is a long yard, ninety feet long—the bakehouse has a window, that is never fastened—a person coming in at the bakehouse window might have opened the doors, and got into the back parlour—that was the way they came in, but not the way they went out—my people come in at the
front door to do the work of the bakehouse—Woolnough worked for me as a baker on the premises, and had been in my service up to Easter Tuesday, when he absented himself of his own accord—he called on the Thursday after for his money, which amounted to 6s., and again on the following Wednesday, which was the Wednesday before the robbery—he then said he had answered an advertisement in the newspaper for an engagement at Coventry, and would I give him a character—I told him I had no objection, and in the evening he said he was d—d hard up, and was fit for anything, it did not matter what—he said he had removed either to East Ham or West Ham, and he intended to cut the baking business, and go into the milk trade.
Cross-examined by MR. RIBTON. Q. Have you any servants in the house? A. I had not at that time; the female servant left a week or fortnight before—Woolnough was in my employ a week after that—the week before the robbery was Easter eek—I had to get another man in Woolnough's place after he left—he went home to sleep—he came at 11 o'clock to work, and went home to sleep in the day—he came about 9 on the Sunday morning—he came at 11 on the Saturday, and stayed till 8—the only persons who slept in the house on the night of the robbery were myself, my wife, and three children—I went to bed after 12—my wife did not stay up after me—I followed her up to bed—the iron chest was what is called a safe—I have had it about five years—I had counted the money in it on the Thursday night, and there was 188l., and I took 10l. on the Friday, and 17l. on the Saturday—I put the 17l. in on the Saturday night the last thing, after I had shut up at 12—I put it into the same bag with the rest—whoever it was who effected an entrance came in at the bakehouse window—there is no door to the bakehouse—it leads into a small kitchen, that I have for flour, there is no room for a door, there is a back door, which was originally the back door of the house before another room was added to it—they were both bolted top and bottom when I went to bed—the window of the bakehouse was shut, and it was open in the morning, and all the doors—when I saw the window open I waited till I found a policeman before I went to see whether the chest was taken away—I was rather uneasy about my money, but I was naked, and did not know what I was about at the time—I did not keep a banker's account.
Cross-examined by MR. HORRY. Q. Did you succeed a Mr. Foulkes? A. No; he had nothing to do with my business—I took another shop of him, and I took Woolnough from him—I know he was with Mr. Foulkes some time—I gave him 18s. a week, which was 2s. more than he had been having, and seven half quartern loaves and half a quartern of flour—I had another man in my service at the same time—I discharged him last Saturday week, and he is now working for another master—I discharged him a week after this affair—he was not competent to carry on the business—I had found fault with him before my loss, two or three times, relative to my business—I had had no words with him—I am not aware that he was rude to me—I gave him a week's notice—we did not part at all unfriendly—he had opportunities of seeing the iron chest—he had been in my employ nearly twelve months—all my servants could see it—it could be seen from the shop when the shutters were up, but not without, because the parlour then was the lightest and the shop the darkest—people were in the shop when the shutters were up sometimes on a Sunday—I always kept it locked—I went to it fifty times a day or more, when my servants were about, and when customers were in the shop, if they wanted change—they had opportunities of seeing me go to it—Woolnough called on me four or five days after he left—he was about six weeks with me altogether—I did not have any conversation with him as to
his means of going into the milk line—his expression to me was, "I am d—d hard up; I am fit for anything"—he did not say "hard up for work," I am sure—he did not ask me for the 6s.; I owed it him; I paid him—I suppose he came for the purpose—I do not know that he said he was going to get a milk walk; he said something about a milk walk—I do not recollect him saying that before his little money was gone he would try to do something for himself—I swear he never said so.
MR. HUDDLESTON. Q. What are the ages of your children? A. The eldest is three years old, the second twelve months, and the other an infant at the breast; my wife was not able to be here to-day—I was the first person up on the day in question, and the last that went to bed the night before.
JAMES HAMS (police-sergeant, K 21). On Sunday morning, 25th April, I went to the prosecutor's house about 9 o'clock—I traced footmarks from the back part of the house across a large garden ground at the side of the fence to some new buildings leading into Grove-street—there were a great number of footsteps; the distance was from 150 to 200 yards—they were the marks of two persons, going towards the premises and returning from them—I traced them to the back gate of the prosecutor's premises—the ground between there and the new buildings was garden ground, recently dug up—there was a fence on the western side of the field—the footsteps were in that direction, as if they had made, as well as they could, to the fence, and then kept under the shelter of the fence to the termination of it—the fence separated the garden ground from some ground which is intended to be built on—the footsteps went partly along the fence on the garden side—I was present, and assisted to draw this plan (produced)—it is correct—the garden ground is here described as Mr. Lake's garden ground, and the fence and unfinished houses are there marked—there is a cart put down at a certain spot; I did not see a cart there, but I saw the tracks of a cart there—at the turning of the fence I observed a somewhat square mark on the ground, about eighteen inches by eleven or twelve inches, as if something very heavy had rested there, and six yards from there I saw marks of a cart's wheels—the space between the termination of the footmarks and where the cart stood was covered with lime rubbish—I traced the track of the cart wheel into Grove-street, and then into North-street, in a direction towards Bow-common-lane—as soon as I got into North-street I lost the track among a number of other cart tracks; it was then going in the direction of Bow-common-lane—I afterwards went with Huxtap, a constable, to the place where I first saw the track of the wheels, and he and I traced them again as far as orth-street—I afterwards went with him to Holmes's yard, in Bow-common-lane, and saw a cart there which he identified as the cart he had seen—I saw the name of "William Holmes, cow keeper, Bow-common-lane," on it; it is about a mile and a quarter from the unfinished houses, and nearly a mile from where I lost the track—I went to that yard in consequence of information from Huxtap—it is near the canal bridge—I think it is called Ben Jonson's-bridge—it was about 10 on the Sunday morning, when I got there—I went again on the Monday morning, about 11, saw Holmes, and asked him if that was his cart, pointing to it—he said it was his cart—I said, "Did you lend it to anybody yesterday morning?"—he said he had neither lent it or let it—I said, "Where was it at 6 yesterday morning?"—he said, "Where it is now"—I said I should be able to prove to the contrary; I do not think he made any reply to that—I told him I was a sergeant of police, and that there had been a heavy robbery committed, and that the stolen property was conveyed away in his cart, and unless he could give me a more satisfactory
account of it than that, I should take him into custody—he said if the cart was out it was without his knowledge; it might have been taken out and brought back again without his knowledge, as the gates were not fastened—I said, "What time did you get up to milk, yesterday morning?"—he said, "Six o'clock"—I said, "What time did you go out?"—he said, "Seven"—I then said, "If the cart was as you say, it would be impossible for you to come out as you did without seeing whether the cart was there or no; you must have passed within two feet of the shafts of the cart," and I said, "If the cart was taken out without your knowledge, it would be impossible for it to be put back without your knowledge"—there are gates to the yard, and the cart was opposite the gates at the further end of the yard—a person coming out at the back, door, and going to the barn where the cows were, would have to pass within two feet of the shafts, unless he tried to avoid it—I then took him to the station—we went through North-street, and I pointed out the tracks of the wheels to him; he said he knew nothing about it—he was examined next day before Mr. Yardley, and remanded—after he was remanded he sent for me, and said, "I am very sorry for the lies I told you, I feel myself in a very awkward position; I will tell you the truth: I did lend the cart to Ben Jacobs; Jacobs and another man came to me about 5 yesterday morning, and asked me to lend them a horse and cart, as they wanted to go out for a ride; I told them I had not a horse; they asked me if I would lend them a cart, and they would get a horse"—he said Jacobs returned with the cart at a quarter before 7, without any horse—he said they took the cart away, and he did not know the other man—I have known Jacobs some years; he is known as Ben Jacobs—on the Monday evening I met Jacobs in Northampton-street, in the custody of sergeant Smith—I asked him if he knew a person of the name of Holmes, a cowkeeper, in Bow-common-lane—he said, "No"—I said, "Did you borrow a cart of him yesterday morning?"—he said, "No"—I said, "He is in custody, and he says you did"—he said he knew nothing about it—after the charge was taken at the station, and he was about to be locked up, he said, "Where is Holmes? can I see him?"—I said, "No, you cannot; for he is either in the van or about to start"—I knew Woolnough when he worked for Mr. Humphries—on the night of Sunday, 26th, I was watching his house and saw him go in—I had previously been to the door and inquired—on Monday evening I went to the house and searched it—I found it in a very destitute state, and his wife assured me I should find nothing there—there was no food in the cupboard; there were chairs to sit on—by "destitute," I mean without food—I afterwards saw Woolnough in Puddifoot's custody on Bow-common—on Monday, about 7, I asked him how he accounted for the money he had in his possession, his family being in such a destitute state (the constable who had taken him had found money on him)—he said he had saved it while in Mr. Humphries' employ—I asked him when he was in Poplar last; he said, "Last Saturday"—when I examined Holmes's cart, there was a dent on the top rail as if something heavy had been placed on it, and about an inch and a half below that there was a piece chipped off the panel about an inch and a half long, and from that there was a graze as if something heavy or sharp, or the corner of something, had grazed down to the bottom of the cart; that was in the front of the cart, inside, down into the body of the cart—in my judgment, the corner of the iron chest described was a very likely thing to have caused that graze.
Cross-examined by MR. RIBTON. Q. Was this garden ground very soft? A. It was in some places where one set of footsteps were; close to the fence
was harder—it had not been dug up there, the other part had—one set of footsteps was very deep, much deeper than the other—in some places it was very plain, and in others not so plain—I did not examine the footsteps in the garden minutely—the unfinished buildings are carcases of houses—there are eight I think—I do not know whether there are workmen at them every day—I have not taken particular notice; there are none there on a Sunday—I cannot say whether they were at work on the Saturday—I do not think I have seen them at work since—they are houses that have remained unfurnished these two years—I went to Holmes to get information—I did not put any questions to him after he was in custody—I wanted to know who he had lent the cart to, it was my duty to ask him that.
Cross-examined by MR. HORRY. Q. You say when you saw Woolnough in custody, you asked him how he accounted for the money he had? A. Yes; I swear that—I knew he had money from what I heard from underfoot—it was on the way to the station that I asked him the question—I do not know that he was not searched till he got to the station, and that it was then that the money was found on him; it was known before, or I should not have asked him the question—I knew it from Puddifoot, after he was in custody—I cannot tell how long after: it might have been at the station—I must correct myself, it was at the station that I learned it.
COURT. Q. You told me it was at Bow-common? A. I had some conversation with him at Bow-common, but I must correct myself, it was at the station—I walked part of the way with him to the station.
MR. HORRY. Q. Then you mean to say, it was at the station you asked him? A. Yes; I swear I asked him—Puddifoot might have asked him also—I cannot swear whether Puddifoot found the money on him, and asked him where he got it from—he might have done so.
MR. M'MAHON. Q. You say you asked a question at Bow-common? A. Yes; I have been endeavouring to recollect what the question was, but I really cannot recollect—I asked him when he bad been last in Poplar, and he told me, but I am sure I cannot now recollect when he said he was there—I think he said on Wednesday, but I will not be positive.
COURT. Q. Why, we had Saturday just now? A. He said Saturday, positively, but I asked him when he was there before that, and I think he said on the Wednesday—I did not say anything about the Wednesday before the Magistrate.
WILLIAM HUXTAF (policeman, K 293). On Sunday morning, 25th April, about 6 o'clock, I was on duty in North-street, Poplar, at some distance at the back of Mr. Humphrey's house—I have seen this plan, and believe it to be correct; there is a cart marked upon the plan—I saw a cart at about that spot, at a few minutes before 6, the shafts were on the ground; there was no horse to it, but I saw one feeding in a field close by; it was loose and not harnessed, the field was fenced in—I saw two men near the cart, Jacobs was one, I do not know the other—I have not seen him since, they were both standing by the shafts of the cart—Jacobs took a piece of hay out of the cart, and took it across to the horse that was grazing, the horse was about fifteen yards from the cart—Jacobs spoke to me—he said, "Good morning, Sir, it is a fine day, I am waiting for a party, and we are going out for a ride"—I went across to the cart, and said good morning to the man who standing at the cart—I noticed the name on the cart, and cast my eye into it, but saw nothing but a piece of oilskin, or an oilskin coat—I cannot say whether there was anything in the cart; if there was it must have been under the oilskin; the oilskin was lying with one part over the front of the cart, and the other
part at the bottom of the cart; I do not think that anything two feet square could be under it; the front of the cart was not two feet high, it was a very small spring cart—I did not look very particularly into the cart; the name on it was "William Holmes, cowkeeper, Bow-common-lane"—I did not write it down—I afterwards saw that cart in the prisoner Holmes' yard in Hams's presence—I also saw a third man—when I first saw him he was coming from the back of the unfinished houses; he was going from me, and was about fifty or sixty yards off—I did not see his face, he was about the same height and size as Holmes—I observed that he had on a fustian jacket, and fustian trowsers, and the trowsers were rather lighter than the jacket—I have not since seen Holmes dressed in such a dress—I noticed that the man walked rather lame with one of his feet, he had a peculiarity of throwing his left foot out as it were, as he walked—I afterwards noticed Holmes as he was going to the station, and I saw that he threw one of his feet out, and walked a little lame, and it was then my impression, and not till then, that he was the man, and I still think so.
Cross-examined by MR. RIBTON. Q. You thought the peculiarity in the walk was the same as that you had seen before? A. Yes; he was then in custody, and going to the station with Hams and Puddifoot—it was a few minutes before 6 o'clock when I first saw the cart—the clock struck 6 while I was in conversation with the men—I remained in conversation two or three minutes—I did not wait till the cart drove away; I passed on—the men are at work at the unfinished houses every day during the week.
WILLIAM SMITH (police-sergeant, K 28). On Monday evening, 26th April, I went to the shop kept by Jacobs, at the corner of Hinton-street, Bethnal-green—it is a general shop—a leaving shop, where people go and leave articles instead of at a pawnbroker's—you see bundles all round as you would at a pawnbroker's—people leave their bundles in pledge for a day or a week, and have food or money—it is what is commonly called a "Dolly shop"—Jacobs was called down stairs, and I told him that a robbery had been committed in Poplar, to the extent of 215l., and that two men were seen there who I believed could be identified—he said, "Where do you want me to go to"—I said, "I don't know, either to Poplar or Stepney"—some little time afterwards he said, "Has any one been taken for it?"—I said, "I believe a man of the name of Holmes has been taken this morning"—I then went with him to the station—he was told the charge by the sergeant taking it, and made no answer—I afterwards took off his shoes, and went to a garden that was pointed out to me, at the rear of the prosecutor's house—Hams, Puddifoot, the prosecutor, and a man named Lake, who the garden belongs to, were with me at the time—I compared the shoes with some footmarks, which I saw there—I first put the shoe beside the mark, and finding as I went on a very great many, I dropped the shoes into the holes, and they fitted exactly—some of them were very deep—the mark which the shoe made by the side of the original impression resembled it in every particular—the shoes are quite plain—there are no nails or anything peculiar about them—I compared both the shoes—these are them (produced)—there were a very great many marks, the whole distance of the garden—I could see nothing peculiar in the impressions—the ground was quite dry—it had been recently dug up—there was no mark corresponding with these nails in the heel—they would not make any impression, nor was there anything corresponding with this broken mark—that did not make any mark on the ground that I observed—I do not know that I ever compared foot marks before—I thought the
marks exactly corresponded with the shoes—I only saw the foot marks of two persons, as if walking side by side—I have known Jacobs several years, and Woolnough three years—I have seen them together many times at Jacobs' brother's house, in North-street, Whitechapel—I saw Jacobs on Monday morning, at 2 o'clock, on Bow Common, speaking to a man I knew named Ned Holmes—as I approached them they separated—Jacobs went on towards Mile-end-road, and Ned Holmes followed me, in the direction of his relation's, the prisoner's cow shed.
COURT. Q. Does Jacobs keep a public house? A. No; he has two brothers who do—I have seen him and Woolnough there a good many times—I searched Jacobs' house, but found nothing—he was searched at the station and 4s. 10d. in silver found on him.
SAMUEL WYNYARD . I keep the Gunmakers' Arms public house, in the Canal-road, about 200 yards from Holmes' yard—I know Jacobs and Woolnough—I saw them at my house last Sunday fortnight, I think—I do not know the day of the month—I heard of this robbery on the Monday evening—it was the day before that, and about 2 o'clock in the afternoon—I have known Holmes between eleven and twelve years—I think I have seen him in company with Jacobs, but I did not see him there on that Sunday.
Cross-examined by MR. HORRY. Q. There was another person with them, was there not? A. Yes; who I did not know—they had some gin at the bar—they only spent 8d.—they were not there more that ten minutes.
JOSEPH PUDDIFOOT (policeman, K 276). I apprehended Woolnough on the 26th April—I asked if he ever worked for Mr. Humphries—he said yes he did, and he left on Easter Tuesday—I asked if he knew Ben Jacobs—he said no he never did; he knew Dan, and the old man, who kept a house in Rosemary-lane—I told him I should take him into custody on suspicion of stealing an iron chest from Mr. Humphries, with upwards of 200l. in it—he said nothing—I then asked him when he was in Poplar last—he said, "Do you think that I am a b—fool; you are no officer: I shall not go with you"—I was not in my uniform—I convinced him I was an officer, and I and Smith took him to the station—I found on him two sovereigns, three half sovereigns, four half crowns, eight shillings, and fourpence, in copper: some in a small canvas purse, and some loose in his pocket—I asked how he accounted for the money—he said he had saved it while with his last master—I said, "Do you mean Mr. Humphries?"—he said, "Yes."
Cross-examined by MR. RIBTON. Q. Do you know whether it is common for persons to go out for a ride on Sunday morning in these sort of carta? A. I do not know; I have seldom seen it—I cannot say that I did, or that I never did.
Cross-examined by MR. HORRY. Q. You were not in your uniform? A. No; in plain clothes—Woolnough was in a public house, and was called out—I knew him well, and I believe he knew me—I spoke to him quite civilly—he had been drinking, but was not drunk—he did not say that he saved the money while with his master—I am sure he said while with his last master.
JOSEPH CALVERT . I am a carman, and live in King Harry's-yard, Mile End-road. I know Holmes and Jacobs—last Sunday fortnight I saw them together in the morning—I met Jacobs first coming round Holmes's yard; it was near 7 o'clock—he was coming along the footpath, in a direction from Holmes's yard; he had a handkerchief in his hand with something in it—it was about as big as a quart pot, but not that shape—I did not take particular notice of it—it might have been a half quartern loaf, or some gravel; I could
not form any judgment about it—suppose you tied up your shirt in a handkerchief, it might be the shape of that—I afterwards saw Holmes come out of his gate with his milk cans in his hands, as if he had just come from milking; he emptied some water out of them, and asked me the time—I told him as near 7 as possible—Jacobs walked up the lane—I did not see whether he and Holmes spoke to each other, they were near enough to have done so—Jacobs turned back, and went to the gate, and walked within a few yards of Holmes; he did not stop a minute—Perry was with me, and we walked with Jacobs up the lane into the Mile End-road—we stopped by the Canal Bridge, while I went down a court to see after a man, who ought to have gone to work with me—a policeman passed us on the bridge—Jacobs was then standing at the wall, with his hands leaning on the wall—he had the handkerchief in his hands—it was not hanging at the water side of the bridge, but between him and the wall—he did not conceal it in the least; he carried it openly—I then bid him good morning, and left him.
Cross-examined by MR. RIBTON. Q. You were out early that morning? A. Yes; I was working at a well at Ratcliff, and had to work on Sunday at it—I had not passed Holmes's house when I first saw Jacobs—there is a bend in the lane, and Jacobs was coming round that—he must have passed Holmes's house—I did not see whether he came out of the yard, or whether he passed the house—he turned back again before he saw Holmes—Holmes had his cap on, and was dressed just as if he had come from milking, with his sleeves tucked up, and his cans in his hands, as I have usually seen him—I have known him fifteen or sixteen years.
MR. M'MAHON. Q. Is he a friend of yours? A. He is neither a friend or a foe, that I know of; only a neighbour.
GEORGE PERRY . I am a plasterer, in business for myself, and live at No. 14, Alfred-street, White Horse-lane. I was out last Sunday fortnight, and met Calvert—we walked down Bow Common-lane—when we got near Holmes's house I saw Jacobs coming along, about twenty yards on the other side of the house—he had a red handkerchief in his hand, with something in it; I cannot say what, I did not see the contents—it might have been a little gravel, or something like that—it was a weighty is substance, and in size something between a pint and a quart pot—I did not take notice of it—he halted in the road, and looked up Holmes's yard, he then passed on, and met Calvert—he never entered the premises—Holmes then came out of the yard, and said, "Calvert, what is the time?"—Calvert said, "Nearly 7 o'clock"—Jacobs, Calvert, and I then walked up nearly as far as the bridge—Calvert went to look after a man to go to work, and Jacobs leant his arms on the bridge—when Calvert returned we walked up the lane together as far as Grove-street, and then separated—we were waiting at the bridge till Calvert came back—Jacobs had the handkerchief in his hand—I do not know on which side of the wall it was hanging—a policeman passed us while we were there; he could have seen the handkerchief; I could see it—Jacobs did not appear to be concealing it in any way.
ANN BAKER . I am single, and lived as servant with Jacobs—I left last Sunday fortnight, between four and five o'clock—I had drawn 3s., and had 1s. to take—Mr. Jacobs asked if I would take silver or copper—I said it made no difference—he said, "Perhaps you would sooner have silver," and he gave me a shilling out of his waistcoat pocket—I saw the till open that morning; it was full of coppers—I had not seen it on the Saturday evening—I did not see that it was full of coppers—I had nothing to do with the till—I had never observed it before—I saw a few shillings' worth of coppers
that Sunday morning upon the back shelf—I have seen Woolnough at my master's two or three times the last week I was there—I saw him on the Sunday evening he left along with Mr. Jacobs, and a man named Brown, between 5 and 6 o'clock—they were not sober.
Cross-examined by MR. HORRY. Q. What is Jacobs? A. He keeps a grocer's shop; he does a good deal of business in a small way—I saw Woolnough bring two saucepans in a bag one morning; that might have been the first week I was there—I did not see him bring a large tin saucepan, or any other things.
COURT. Q. Did you sleep in the house? A. No; Mrs. Jacobs engaged roe for three weeks, and to sleep there a fortnight, but Mr. Jacobs would not let me sleep there—that was not the reason I left—I left there on Saturday night, between 9 and 10 o'clock—the family were up then—there was Mr. and Mrs. Jacobs, a little girl, two boys, and a baby—I went on Sunday morning about a quarter to 8—I did not see any square-looking box there on the Sunday morning—I did not see Woolnough or Holmes there that morning—there was nothing particular about the place that morning that I saw—I never cleaned my master's shoes.
WILLIAM BEAUMONT (policeman, K 298). On Tuesday, 27th April, Jacobs and Woolnough were locked up in separate cells at the Stepney station—they were about five or six cells apart—I was acting as gaoler—about half-past 2 o'clock in the afternoon I was standing at the side of the next cell but one to Woolnough, and heard Jacobs say to Woolnough, "When you get out, tell my missis to move away as quick as possible"—Woolnough said he did not think he should get his liberty—Jacobs said, "Oh, yes, you will; there is nothing against you."
Cross-examined by MR. RIBTON. Q. Were you stationed there for the purpose of bearing what they said? A. No; I was acting as gaoler, and I have a cell there, where I take my meals—I had just done my dinner—I stood there to hear what they said—I could hear every word distinctly—there is a brick partition wall to the cells—there were no other prisoners there—there was no noise from the street—I mentioned what I had beard, that same evening, to sergeant Smith—I did not put the words down—I told it to the Magistrate.
J.W. HUMPHREYS re-examined. The thing in which my coppers were kept was the lid of a tin canister, such as grocers use—it was circular, about the diameter of the bottom part of that inkstand—I lost 15s.-worth of coppers—the window of the bakehouse was open when I came down in the morning—it had been shut for months previously, and never been opened—it was not fastened in any way—I am quite sure it was closed overnight—I always examine the premises on Saturday nights—the garden at the back of my house belongs to Mr. Lake, a cow-keeper.
(Holmes received a good character.)
NOT GUILTY .
NEW COURT.—Saturday, May 15th, 1852.
PRESENT—Mr. Ald. KELLY; Sir ROBERT WATER CARDEN, Knt., Ald.; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Sixth Jury.
MR. BODKIN conducted the Prosecution.
SAMUEL WOOD . I manage the business of Mr. Otto Alexander Berens and another, in St. Paul's Churchyard. Their stock is very extensive—the prisoner was in their employ as a salesman, in the glass department—that would not properly give him anything to do with the clocks, unless he were sent there—on 30th April, I stopped the prisoner as he was leaving—I asked what he had got about him—it turned out that there was nothing in his pockets—a coat of his was discovered on the following morning, and I saw it on my return; a clock was found in it—it was one of the stock—as the prisoner went out of the house, I asked him if he had another coat, he said he had not—I went with him the evening before to where he lived, in Shrub-land-row, Dalston—I there found a clock, two groups of alabaster figures, shades, and stands—a bronze group, three or four pair of glass vases, five glass candlesticks, a china box, a cigar ash tray, one pair of lava vases, three paste pots, and two pair of glass toilet bottles—this is the clock that I found—I examined all the things at his house on the Friday night—they are all part of the stock of his employers—I believe the value of this clock is 55s.—I saw the prisoner again on the following evening, he handed me this paper, and said it contained a full account of all he had taken—it is in his writing—he had been about eighteen months in the employ—some of these things were large—I asked him about the vases—he told me they had been presented to him by a friend; but afterwards, on the Saturday night, he admitted that he stole them—I asked him how he got them away from the house—he told me he had forged a ticket in the name of a person, which was a guarantee for their being packed.
Cross-examined by MR. DEARSLEY. Q. Have you at any other time made that statement that the prisoner told you? A. I have not been asked—I have made the statement in conversation to Mr. Blomberg and Mr. Berens—I have said before that the prisoner said, that the mode in which he got them was by forging a document, and it is known by every one in the house—the prisoner's department was not among the clocks, but he could go there—there are special departments—there are generally three persons in the clock department, one manager, and two others—the prisoner was in the glass department—I think there are about twelve persons there—between ninety and a hundred persons are in our employ altogether—I could of my own knowledge swear that these articles are the property of Mr. Berens—they have our private mark—I could not undertake to say that they have not been sold—the prisoner is married, and has one child—before I received this list the prisoner had been before Mr. Blomberg on this matter, about half past 8 or 9 o'clock in the morning—he went home after that—I have been told that he appeared again before Mr. Blomberg—I found that these goods had not been entered—I believe that Mr. Blomberg desired the prisoner to make out this list—when he gave me this list I said, "This is not a correct account, bring us a full account and we will see what we can do for you"—I did not say that before he told me about these forged orders—I am quite positive of that—it was after this conversation with him—I went to meet him—I expressed considerable commiseration for his wife—she told me she had been misled, and we felt commiseration for her—the prisoner was in great distress of mind about his wife—after this list was given me I stated, "I don't believe it; bring us a more detailed account, and we will see what we can do; it will be better for your wife and child"—he had seen Mr. Blomberg before this, and then he went home and came back to Mr. Blomberga, and then I was there for the purpose of meeting him.
MR. BODKIN. Q. When you went to his house, what did he say in reference to these things? A. That they had been bought and paid for—on the Saturday evening I told him they had not been entered—I cannot charge my memory whether I said anything to him about his assertion the day before, that he had bought these things and paid for them.
Cross-examined. Q. When they were parted with or sold, you do not undertake to say? A. To the best of my belief they were not sold.
MR. BODKIN. Q. If the prisoner had wanted to buy any clocks, would he have applied to you? A. He would, and it would be his duty to put his name in a book.
WILLIAM FINCH (City policeman, 363). I took the prisoner on this charge at his employer's place—he said he gave Mr. Wood the list of the articles that he had certainly stolen from his employers, and he stated that the reason he had done it was that his wife had been well to do, but her circumstances were not so good as he expected, which had induced him to carry on the game—he said she had been brought up like a lady, and he had certainly stated to her that his income was more than it was—I took him to the station.
Cross-examined. Q. You took him at Mr. Blomberg's house? A. Yes; I was in the private room—the prisoner came there with Mr. Wood.
(The list of articles made out by the prisoner was here read; it mentioned a number of clocks, lamps, and other articles, pawned at different times, and concluding with these words, "I believe this is all I have taken away; should anything more come to my memory, I will make a note, and forward it, hoping you will have mercy, for the sake of my wife and child.")
Cross-examined. Q. Did not the prisoner attend, before any statement was made at your house? A. Yes; he came first to my private house at 8 o'clock in the morning—it was on Saturday, I believe—I never expected him, because on the evening before we had seen something suspicious—we said, "You must come to-morrow, and give a more satisfactory account of the articles we see here"—he said such a thing bad been made a present to him, such a thing he had bought, and so on—I was astonished to see him come—he came with tears in his eyes, and said, "I have robbed you"—I said, "Are you connected with any receiver?"—he said, "No"—I said, "I want to know the extent of your robbery," and he was to come next morning to bring a list, or to say verbally what he had robbed me of, which he promised at the time, and he begged that Mr. Wood should be present—I said, "Yes, Mr. Wood will be here to-morrow morning"—he came in the evening, and brought the list—I repeated to him the words I had said in the morning, "Now mind, I hold out no promise"—he said his wife had prevailed on him to come and make a confession—I was very sorry to see his wife in the state she was—she was, I believe, just over her confinement—she looked very feeble and ill—I really cannot say whether I said, "It is much better
for you to make this statement, and make a list, for the sake of your wife and child"—I was very sorry.
GUILTY. Aged 30.— Judgment Respited.
MR. PARRY conducted the Prosecution.
ALBERT ANTHONY BUDD . I am in the service of Mr. Joseph Bowman and Mr. May, warehousemen, in Wood-street, Cheapside; I superintend the silk department, which is on the second floor. On Monday last I was engaged in that warehouse, and I saw the prisoner, between 11 and 12 o'clock—a few minutes previously I had seen these handkerchiefs on the counter—when I saw the prisoner he was folding these pieces of handkerchiefs in this wrapper—I should think he was about half a yard from the counter—I observed the ends of the handkerchiefs sticking out of the wrapper—I immediately walked towards him—he was coming towards the aperture which leads down stairs—we met together—he was then from two to three yards from the counter—I charged him with the robbery—I cannot be positive what words I used, but I took the wrapper from his hand—I said he had no right to take them, or words to that effect—he at first made no answer, but he said some few minutes afterwards, that he intended buying them—here are two dozen and eight neck handkerchiefs; the value of them is about 3l.—I took them from the prisoner, took them out of the wrapper, and placed them on the counter—the prisoner then ran down stairs—I followed him, with another young man in our employ, named Kent—I called to the prisoner to stop, and he stopped about the middle of the stairs, towards the bottom—we brought him back, and he was given into custody—I do not know how he had come in to the premises—I have seen him at the warehouse before, and I knew his errand—he called from a party named Coggan to know if we had any goods to be dressed.
Cross-examined by MR. CLARKSON. Q. How many persons were in this department? A. I and the prisoner were in the silk department at that time—there was another person in the adjoining department, the de lane department—the prisoner was near the counter—I cannot say positively that he had got the wrapper on his arm—he had not got it near the window—I think he was four or five yards from it—it is not a particularly light room—I had been previously selecting orders from among these handkerchiefs—the whole of this took some few minutes—I did not put any question to the prisoner—I did not ask him if he was sent by Mr. Coggan—he did not tell me whether he was in Mr. Coggan's employ or not.
HENRY HARDY . I am a warehouseman, in the employ of Messrs. Bowman and May, in the de laine department—between 11 and 12 o'clock last Monday morning the prisoner came to my department—he had this wrapper in his hand, and he said "Anything for Coggan?"—he had lately been in the habit of coming from Mr. Coggan—I said, "Nothing"—he left my department—I did not see him go into the silk department—I was not before the Magistrate.
HEZEKIAH DENBY COGGAN . I am a hot presser and packer. The prisoner was in my employ, but he was not so last Monday—he had left me for eight days—I did not send him on Monday to Messrs. Bowman and May's—I have sent him there, not to ask for goods, but to deliver goods.
Cross-examined. Q. You had not discharged him? A. No; he sent word that he was ill—his place was not filled up.
WILLIAM MAYLON (City-policeman, 456.) I took the prisoner at Messrs. Bowman and May's—he said, on leaving the warehouse, "You might let me off this time," and he said, after a little time, that he meant to buy them—I found on him 14l. 8s. 11d., two silk handkerchiefs, and a silver watch.
Cross-examined. Q. Did you recollect that he said, what you have told us he said when he was coming from the warehouse, when you were before the Magistrate? A. Yes; I asked him his address—he gave it are, and I found it correct. (The prisoner received a good character.)
GUILTY .— Confined Four Months.
GUILTY . (The prisoner received an excellent character.)— Confined Four Months.
( There was another indictment against the prisoner , upon which MR. BALLANTINE offered no evidence. )
MESSRS. PARRY and METCALFE conducted the Prosecution.
JOHN COFFIELD . I know the Magpie and Horseshoe—I took the assignment of it from Mr. Horsfall, and took possession of it in Nov. 1850—I gave a premium of 300l., and 160l. odd for the stock—beside those two sums I expended money after I got on the premises to the amount of 50l. or 60l.—I carried it on from Nov. 1850, for seven or eight months, or it might be a little longer—there was a distress put in on account of the landlady, but not till after I had left—I removed to other premises, in Stamford-street, Blackfriars—I left my daughter and some other persons on the premises to carry on the business, under a bill of sale—I left my daughter in possession till the money was paid—shortly before I left my daughter in possession, I had made an agreement with Mr. Burridge—this is it—there was an assignment founded on this agreement executed by me to Mr. Burridge, and placed in my attorney's hands—it is there still, for what I know—I made an agreement that it should remain in my attorney's hands till be paid the money—Mr. Burridge did not complete that—the property in the house was conveyed to me by Mr. Burridge to remain with me till the money was paid—my daughter was left in the house to keep the house for me, and the conveyance of the lease remained with my attorney.
Cross-examined by MR. O'BRIEN. Q. When you say you gave 300l., do you mean you paid down 300l.? A. Certainly not; I contracted to give 300l., and paid 100l., which is a customary thing amongst publicans—I do not know what rent was due, my distillers were to pay the rent—the house was shut up when I took it—I took the premises without knowing how much back rent was due—my collector, who is unfortunately deceased, was to settle the whole that was due—I did not pay any rent at all—I gave Mr. Whitley, roy collector, 20l. to pay the back rent—I did not pay any rent to the agent of the landlady—I occupied the premises six or seven months—there were three quarters due—the premises were 110l. a year—I never paid a shilling of that to Mr. Lane, or anybody else—my distillers have—I have no receipts for rent—the remainder of the money for the premises, from 100l. to 300l., the brewers, Messrs. Whitbread, advanced on the lease, and the lease was left with them as collateral security—I think I removed my property from the premises in July—I entered in Nov.—I really
do not know when the distress was put in the premises—I was not there—it was after I removed my furniture—I had no intention of escaping the distress when I moved—it is a general thing with publicans when they let the house, to remove their furniture—I placed my furniture at a private house, 1, Great Stamford-street—I lived there—I have but two children—I left, besides Miss Coffield in the Magpie and Horseshoe, my stock and fixtures, and furniture—I removed none of my furniture but what I took for my private use—I cannot tell exactly what I removed—I removed furniture for a bed-room and sitting room—there was a very little furniture in the Magpie and Horseshoe, and I took but little in—I believe they were condemned for 92l.—I never knew that they sold for 43l. stock, fixtures, furniture, and all—Mr. Burridge took possession under the assignment—I do not know how long he remained in possession—he is now in the Queen's Bench—he was to have given me 300 guineas—I do not know that he got in the Queen's Bench immediately after the assignment—I never knew he was in the Queen's Bench till he sent me a notice, two months ago—I do not know exactly the time he remained in possession—I did not go back, certainly—I removed only because it is customary for tradesmen to remove—I really do not know when I got re-possession of the house from Mr. Burridge—my daughter was never out of possession—I do not know when I first learned that Mr. Burridge had left—I removed my furniture when I was in treaty with him—I did not remove my furniture back after I learned that he did not complete his bargain—I had no right to remove it back again—I was not in possession; my daughter was, on behalf of me—I did not feel inclined to remove my furniture back, because I was about letting the house to somebody else—Mr. Burridge told me he had got some person who would take it—I do not know when that was, it was some time after July—I did not bring back a single article of furniture—I do not know how soon before the 19th Dec. I had been in the house—I do not know whether I was there in Dec. at all—I was there in Nov., 1850, when I took the house—I cannot tell whether I was in the house in Nov., 1851—I was in the house occasionally from July to Dec.
Q. On the last occasion that you were in the house, was there a single article of furniture? A. Yes; one or two bedsteads, and a bed or two, and drawers—they were there when I left the house, and they were there at the seizure—I believe I was once or twice in the house after the seizure for rent—I was not there at all after the sale—my daughter was there three or four months—she had her sister there, and those that were with her—she was keeping possession.
MR. PARRY. Q. You paid 100l. down, in Oct., 1850? A. Yes; Messrs. Whitbreads' advanced a sum of 200l.—I paid 20l. for back rent to Mr. Whitley—my distiller advanced me 100l. odd—Mr. Lane received 27l. For one quarter's rent while I was in the house—Mr. Hayes paid the money—this assignment was made in July, 1851—it was a bond fide assignment—an appointment was made by Mr. Burridge to complete it—I expected he would bring the money, and he did not; but bills were proposed—the arrangement also was that that Mr. Burridge was to settle every claim that Mrs. Fagg and every body else had—Mr. Lane had notice of all this, and his clerk attended several times for the money—I had notice of Mr. Burridge being in the Queen's Bench about two months ago—I was aware it was hopeless to look to him—when I found that Mr. Burridge would not complete, there were some negotiations with Mr. Pascoe—Mr. Burridge was to give 300 guineas—the property was well worth that—the furniture I took out was my own private furniture—I left the whole stock on the premises—the value of the
whole I left was 201l—that was the valuation, after I had removed my furniture—in July, 1851, the property was valued at 201l., between me and Mr. Burridge—I understand it was afterwards sold for 43l.—Mr. Pascoe made me an offer after Mr. Burridge had failed to fulfil his agreement—Mr. Pascoe offered 400l.—I did not see Mr. Lane about the negotiation with Mr. Pascoe—I left my daughter there—if Mr. Burridge had fulfilled his agreement, she would have given up possession—I had never given possession to any human being.
NICHOLAS BENNETT . I am attorney for Mr. Coffield. This assignment was deposited with me, as his attorney—here is a receipt as having received 300l.—he never did receive that—the receipt and assignment had not been handed over to Mr. Burridge—if he had paid that money it would have been handed over to him—the assignment was in perfect good faith.
Cross-examined. Q. Was there any memorandum on which this assignment was left with you? A. Yes; I have a copy of it—the assignment was deposited with me to prevent Mr. Burridge from selling the property without notice—I do not know how long Mr. Burridge remained in possession—I thought the rent had been paid, and in a day or two after, Mr. Coffield came and told me not to part with this assignment, for Mr. Burridge had not paid any rent—I received 30l. from Mr. Burridge, and 23l. 17l. 6d. was handed to me by Mr. Coffield's brother—there were two brokers there; and I had bills of exchange to the amount of 100l.—one of them was not put in circulation; I have it in my possession—the other three, which amounted to 75l., were handed to Mr. Gough—that was some time after the completion of the purchase, after the 21st July—I believe these bills were not paid—I have heard not—the one I have is not due—there were other names besides Burridge's—I did not hear of his being in the Queen's Bench till I received a notice from the Insolvent Debtors' Court—I had more than one interview with Mr. Burridge; I attended four or five times, but not after the 21st July—I was there when Mr. Coffield left his daughter in possession under the bill of sale—I do not know who was left there.
MR. PARRY. Q. This memorandum is a security for Mr. Coffield? A. Yes; it was distinctly understood that Mr. Burridge was not to take possession of the premises till he paid the 200l. to the brewers, which Mr. Coffield gave him six weeks to do—I had 53l.—there were some legal expenses, but not heavy—this was an abortive transaction.
ELIZABETH COFFIELD . I am the daughter of John Coffield. I remember the transaction between Mr. Burridge and my father—I was left in possession of the public house by my father till the terms were complied with by Mr. Burridge—I was left by my father to keep possession for him—I continued to carry on the business, and received the profits—Mrs. Burridge was there; she was put in on behalf of Mr. Burridge, in case he complied with the terms—I think the distress was put in on 19th Aug., 1851, by Mr. Lane on behalf of Mrs. Fagg—the amount due at that time was 82l. 10s.; that was the rent that Mr. Burridge had agreed to pay—one quarter was back rent, due from Mr. Horsfall—the broker left a man in possession on 19th Aug., and after he had been in a week he padlocked the doors and stopped the whole business—Mr. Burridge came the same day and opened them again—they were soon afterwards put on again, and business stopped three weeks afterwards—the house has been closed ever since—Chase and his man continued in possession, and I remained in possession all the time on behalf of my father—my sister was living there with me some part of the time—the potman, Hardy, was left to take care of the place—Mrs. Burridge left on the evening the house was
closed—on 8th Dec. Mr. Terry and a number of his men came, I should think a dozen, or more; they were let in by the man who was in possession, or the man's wife—I was cleaning the room, and Mr. Terry came and said, "Leave off cleaning that room; I am going to take all the stoves out, and the doors off, and the windows out"—he was as good as his word; he took the doors off, he took up part of the floor, and would have taken the stoves out under a pretence of repairing, as he called it, but there were no repairs required—when the window frames were taken away, I called in a policeman and gave Terry, Tudgey, and one or two others into custody for felony—they were taken before a Magistrate, and he said it was not a felony, but he said I could have done nothing else but what I did—he told the policeman to take care that no breach of the peace should be committed—the window frames were ordered to be restored, and they were taken back by the police—on 12th Dec, Terry, Tudgey, and some more men came (Cooper was there the whole time, from 8th Dec.)—I told Mr. Terry I did not wish to hinder him in his repairs; I would go to any part of the premises that he wished—he said, "Wherever you go, I shall follow you with my men; you have no business here, and out you shall go"—I was then sitting in the bar parlour—I went up stairs to the club room on the first floor, and he sent two of his men and told them to take out all the windows, and he assisted in doing so himself—Tudgey then began to cut down the staircase—I told him I wanted to go down stairs; he said I should not go down—he began making use of bad language—he swore at me, and knocked me down two stairs; several of the others were by at the time—I went into the club room and he followed me—I was standing against a window—he began hallooing at me, and told me to get out of the way—I said, "Who are you talking to?"—Terry was outside the window, and he said, "Knock her down, knock her anywhere," and Tudgey took me by the shoulders and threw me against the fireplace—two men were left in possession all that night to throw water on the ceiling and throw it on me; this was on the 12th—on the days I have spoken of, water was thrown on me—Terry threw plenty of water when he has come, and has thrown water on the fire—when I have told him he should not put it out, he said he would throw it on me, which he has done, and he threw water down the chimneys also—he would not let me have a fire at all—I had no where to sleep; I slept at Mrs. Hardy's, over the way—on 13th, Terry came and took up the flooring all along the bar and padlocked the side door, and barricaded me in at night in the little room, the bar parlour—I had the barricade broken away, and when Terry came the next day, he said, "Oh, this is it, is it?" and he took up the flooring in the house adjoining—I do not recollect the day that I first went before the Magistrate for a summons—the case was adjourned from time to time, and during the adjournments these proceedings still continued; from 12th, up to the end of 18th Dec., I was annoyed in this way—on 19th Dec, between 2 and 3 o'clock, Terry came in through a window—he did not open the window, there was no window in; he had taken it away—he came in and his men followed him—Cooper was the next man that I saw jump in at the window—I should think there were a dozen or fourteen altogether—I have some recollection of seeing Tudgey there; Hardy was there, and Gilson—they caught Hardy by the hair of his head, and dragged him about all over the place, and he either fell or jumped into the cellar; Gilson succeeded in getting out—Terry came to me, and said, "Go out"—I made him no reply—he said, "Do you mean to go out?"—I said, "No, I shall not"—he called his men to assist him, and he struck me two or three violent blows on the head, and of course I resisted then—he then
knocked me down in a corner of the room, and kicked me in a most violent manner—the kicks took effect on a tender part of my person—I have been attended by a surgeon to whom I went the same day, and who is now here—Terry then got hold of me, dragged me into the front room, and with the assistance of his men got me on a window sill, and commenced nailing a door or shutter, or something of that kind, against me—I was sitting with my feet resting on a form—the shutter was nailed against my legs—it hurt me very much, and would have hurt me more if it had not been pulled off—several tradesmen from the neighbouring shops came and released me from that situation, and took down the board—if it had not been for their assistance, I must have fallen back on the iron grating—I became insensible, and was taken to a neighbour's house—after being there some time I came back with my friends, and got in again at the window—the tradesmen and other persons interfered on my behalf, and they became so violent that the prisoners took to flight; they were obliged to retreat—the matter went before a Magistrate, and Terry was bound over—before he and his men came in, the house was supplied with windows and doors, as houses usually are.
JOSEPH MELDON DEMPSEY . I am a surgeon. On the evening of 19th Dec. Miss Coffield came to me—I examined her person—she had a bruise on the right groin, the result of some external violence; a kick would have produced it—it was a severe injury, and was rendered more so from having occurred at a particular period—she was better in three or four days, but I do not think she was quite rid of it for nearly a fortnight—I did not observe whether any other part of her person was injured—she complained of a kick as the cause of the injury.
ELIZABETH COFFIED Cross-examined. Q. What time did your father leave this house? A. On 21st July; Mrs. Burridge was in the house with me then—she remained till the distress was put in—the house was closed by Mr. Chase, the broker—I remained in the house till 19th Dec.—I remained there till Feb.; I was not turned out—I happened to be out on a little business—I was going into the house, and I was told by Hardy that Mr. Lane had been there and taken possession—I have not been near the house since then—I saw my father in the house a fortnight or three weeks before 19th Dec.—he came there very seldom—there was no furniture there after 21st Nov.—the fixtures were all in the house up to 8th Dec.—the furniture was sold on 21st Nov.—I do not know what the things sold for; I was in the house, but not at the sale—I had no bed there, nor chairs, nor tables—I remained there from 8th Dec. till Feb.—I remained in the empty house without doors and windows—Terry came first on 8th Dec.—there was whitewashing going on, as they called it, but it was water washing—they first whitewashed, and then sent men to wash it off again—there were no repairs going on at all—the sashes were taken out—the same sashes were replaced after I left in Feb.—I did not go into the house, but I looked outside and saw they were the same sashes—Hardy was there on 8th, 12th, and 19th Dec; he was there to protect me—Hardy was tried at the Middlesex Sessions for an assault on one of these men—I was examined on that trial—Terry was examined on that trial—I do not know that I was in Court at the time—a young man, named Gilson, was with me there, and my sister—Terry was one of the men who took me up and placed me on the window sill, and a man whom I saw in the Court this morning, a painter, I do not know his name, and some one else—the sashes of the window were away; the shutters were there—I was sitting on the window sill, and they nailed a door against me—when I got out I got in again at a window—the window was four or five or six feet high
—the persons outside helped me in; I was lifted up—Hardy, Gilson, and Worms were there on the night of the 18th—I and my sister were there, but we did not remain all night—Gilson and Hardy and Worms remained—Worms was the man in possession—I and my sister and Mrs. Hardy left—no, I was there all night on the 18th—if my sister did not remain all night she was at Mrs. Hardy's—Mrs. Hardy remained all night, and Hardy and Gilson and Worms, the man in possession on the part of of Mr. Lane—Worms was there the whole time, I think he left about the 3rd Jan.—Hardy was up every night—I was up the best part of the time—we had two or three small barrels that we sat on, there was nothing else in the house to sit on—there were carpeted seats fixed round the parlours, which Terry took precious good care to wet that no one should sit down—Terry was there every day, and he has been there till as late as 1 o'clock in the morning, to see that I had no fires, and to put them out—he used to come at all times—some of them went away at 4 or 5, some of them were left to throw water on the ceilings wherever I went—Woodward has remained there all night, and George Anstey, and George Bull, who used to be left on Sunday—the 12th Dec. was the first time any one remained all night—when one left at 6 o'clock in the morning, another came and stopped till 12—Terry was there every day—there were no repairs done in the public house—I believe he undermined one house and let it fall—there were no repairs done on the premises, unless you call that repairs, that they whitewashed the ceiling and had it all washed off again—there was nothing done to repair the top that I am aware of—he used to go to the upper part of the house to pour water down the chimney, and throw bricks—I gave Terry in charge on the 8th to the policeman; I do not know his name—I attended before the Magistrate on that charge—I charged him with stealing the window sashes, my father's property—when Terry came on the 8th, he told me I had better go out, for he meant to take every door off, and every window out, and the stoves, and then to take the floors up wherever I went—Gilson is a young man living in Essex, he came up on the 18th on business—I have seen Dixon, he is a master sweep—I believe he was in the house on the 19th—I do not know who let him in—when Terry came on the 19th, I was in the bar parlour—Hardy and Gilson were there—they were lying on a shutter across two little casks—I do not know that they were asleep—they had a blanket over them, and they had a pillow—it was between 2 and 3—I dare say they might have been there an hour—they were both up the night before with me—my sister was with me—she came on the 18th, the day before—the blanket and pillow were lent me by a friend—I almost forget whom—I did not go for them, they were brought by the daughter of the person who lent them—I had not been at all lying down that day, nor had my sister; she came the day before—I cannot say whether we remained all night, we used to go over to Mrs. Hardy's—while I was in the room, I was reading, and my sister was reading—I used to pass the time by reading—Worms was in the tap room, which is some little distance from the bar parlour—I could not get along; the flooring was all up.
MR. PARRY. Q. Did you, to the best of your ability, keep possession of that house for your father? A. I did—they indicted me for a forcible entry on the 19th—I was acquitted, and Mrs. Fagg has had to pay me 30l. With costs, for a malicious prosecution—I believe Terry has been repairing these houses since the adjustment—when he has been at the house he has stopped till 10, 11, or 12 o'clock, or till 1 in the morning—there was not the slightest pretence for saying he was doing repairs to the houses when he came on those occasions—he let out the drains by way of repairs, and he undermined another
house—Tudgey was there on the 19th, to the best of my recollection, but there were so many I cannot tell who was there—he was there on the 12th—he was the man that knocked me down in the room—Mr. Bryan, a surveyor, saw these premises immediately before Terry came, and immediately, after—some man used to stay all night—they were not repairing—they staid to put my fire out—Bull was left on the premises on a Sunday—I said I should light a fire, and he said, "If you light a fire I shall put it out; it is Mr. Terry's orders."
GEORGE BRYAN . I am an architect and surveyor. I examined the premises of the Horseshoe and Magpie, by Mr. Coffield's request, about the 14th of Dec.—the windows were all out when I went there, and every door off—I should say there was no reason why those windows should be taken out, and the doors off, by way of repairs—as far as I could judge there was no cause why the floor should be taken up, and the stairs cut down—they were good timbers cut through—I should say that before all those outrages were committed the premises were in tenantable repair—the place was in a filthy dirty state, but it did not require the floor taken up—the drains were taken up, and allowed to run down into the basin—it smelt so bad I could hardly stay there—there was no necessity for doing that, decidedly not.
Cross-examined. Q. Had you seen the premises before 14th of Dec. A. No; I do not know that the sashes were not old and worn out—I do not know that the locks were not off the doors, but if so they would not take the doors off—I examined the roof as far as I could—I could not get up at first, but I did afterwards—the gutters were very dirty, and the place was filthy—I did not examine that so particularly—I examined the house next door—it had been pulled about—I did inspect the lower part—I was merely asked to go to the Horseshoe and Magpie, to see what kind of repair it was in.
MR. PARRY. Q. How long have you been in this profession? A. About ten years—I examined the lower timbers—they were cut through—in order to alter a joist it is not necessary to cut a solid good joist through, you might take the joist away, and remove it—I have not been there since the 21st.
COURT. Q. Did it appear that that was the course that persons would adopt, when they were going to make alterations? A. Not at all.
RICHARD MOODY . I am a beer shop keeper, and live in Bath-street, Clerkenwell. I remember the 19th Dec., when there was this disturbance at the Horseshoe and Magpie—I had frequently seen Terry previously to that—there had been a meeting at my house—I know one man who was there, a painter named Rogers—I know him by his getting his name on my slate, and there it has been ever since—Terry was not there—the others have frequently been in and out—on the 19th I heard a great disturbance, and hallooing "Murder"—that was about 3 o'clock—I went out and saw Miss Coffield hanging from the window—Terry and several men were in the house trying to put her out—a portion of her was hanging inside, and Terry said, "Up with the shutter"—I said, "Shove the shutter away"—I put my hand against it, and several other men put their hands to it and shoved it away, and Miss Coffield was drawn outside—I had called the attention of the policeman to it—I said, "You are seeing a woman murdered"—he said, "We have nothing to do with what is done inside"—Cooper was there, I would not swear that Tudgey was.
Cross-examined. Q. Where were you when you saw her being put out of the window? A. I was just outside in the street—her feet were hanging inside—I should imagine the window was about three feet high inside, and four
feet out—Terry was inside, against the window—he helped to put up the shutter or the door, or whatever it was—the shutters were all down—this was not a shutter belonging to the window, they had been all removed—it looked like a closet door—I think Terry was not aware that the young woman's feet were hanging inside, because he must know he could not get the shutter up—I cannot say whether the policeman is here that I spoke to—there were seven or eight policemen, and I should say there were 400 persons round—I saw Miss Coffield carried off the window seat—I do not know whether she got in again—I did not see her for three or four hours afterwards.
HORATIO ANDERSON (police-sergeant, G 12). I remember Mr. Terry coming to me on the afternoon of 19th Dec.—he said he wanted the assistance of the police, he was going to turn Coffield out of possession—I said I could not allow the police to go—there were other police about the neighbourhod, and if there was any breach of the peace they would interfere in it—he said he should like the police to be there, because it might be that murder would be committed—I told him I thought he was going to commit an illegal act, and that he ought to have an adjustment—he made some remark that he should bear the brunt—the substance of what he said was that he should run all risks—he did not say to me that he was going with these men to repair the house.
Cross-examined. Q. When did you see the house before the 19th? A. I have been in the habit of seeing it every alternate day in passing it—the house has been in a dilapidated state for some time—what I mean by dilapidated, the windows had been taken out—it had been open as a public house a very short time before that, and doing business—it did not do constant business, but occasionally—they opened it for a short time, and then shut it up—I cannot of my own knowledge say whether it did business after August.
CHARLES CRIPPS . I am a licensed victualler, and live in Coppice-row, Clerkenwell, about five doors from the Horseshoe and Magpie. On 19th Dec. there was a great deal of noise, and a lot of people running—I went out of doors in my slippers—I saw a mob of persons, and Miss Coffield was in the window, partly outside and partly in, and some door was being nailed against her legs inside—it was taken away, and she fell, and was carried away—she appeared to be fainting—I saw Mr. Terry was inside, squeezing this shutter against her—his head was bleeding—I did not see any one strike him, to prevent their pushing the shutter—there was a mob outside, endeavouring to extricate Miss Coffield—I did not see any one outside strike any of the persons inside—the conduct of the persons inside appeared violent—they were pressing the shutters to, and the persons outside were pressing against it—Miss Coffield's legs were pressed with the shutter, and the persons outside were attempting to rescue her, and then Mr. Terry raised himself up, and asked the police to protect him.
WILLIAM GOODHART . I live in Coppice-row. On 19th Dec. there was a crowd round the Horseshoe and Magpie—when I first went there, there were several men fighting in the room, and Miss Coffield was in the room—I saw two men put out of the window—I saw Mr. Terry have a shutter or door in his hand—he was assisted by Cooper, and they forced Miss Coffield from the middle of the room to the window, and they placed this shutter or door across the window—she was sitting on the sill, with her body leaning out of the window, and her legs in the room—they were putting the shutter against her—I should say she was very much hurt—she screamed "Murder!" several times—the shutter pressed against her side—I saw her in that position
nearly five minutes—she appeared to me to be in a fainting condition, and she was carried away—I did not hear Terry say anything while she was screaming, but he put the shutter up, and nailed it against the open window—I believe the top and bottom were nailed, and she was screaming out all the time.
Cross-examined. Q. Do you mean the shutter was nailed across her legs? A. It was nailed more across the middle of the window, so that she should not get into the room again—I dare say I had been there a quarter of an hour before that—I saw some fighting in the room—Hardy was not there when I was—he was down in the cellar—I believe Gilson and Dixon were the two men that were fighting—I believe Gilson and Gilson's brother were the men that were put out—I saw Terry's head bleeding, and while the persons outside were knocking the shutters down, he called on the police for protection, and they did not interfere.
ROBERT SHIRES . I am a greengrocer, and live in Coppice-row. On 19th Dec. I was standing outside my own shop door—I heard the screams of "Murder!"—I went to the corner of the street, and went down—I saw Terry and two other men hustling Miss Coffield in what you call a very rough manner—they took her, and tried to throw her out of the window, but she got on the call—she had one leg inside, and they brought a shutter or door, and put it across the window, and put it on her thigh—they tried to nail it; but the persons outside tried to push it down, and I believe they did do it, and pulled her out—she was in a fainting state, and I believe she was carried away—the conduct of Terry and the persons inside appeared very violent.
Cross-examined. Q. I suppose the persons outside were very quiet? A. They were crying out "Shame!"for the brutal manner in which he was acting—they certainly made use of the word "brute"—they said he was a brute for so doing—I saw the police there—I saw Miss Coffield taken away after they had got the shutter away—I believe I saw her again the next day—I have no interest in the house—I do not think I was in it twice all the time Mr. Coffield kept it.
MR. PARRY. Q. Did you see any one strike Terry from outside? A. No; I only saw the shutter tried to be forced away.
HENRY HIGGINS . I am a master saw maker, in Great Bath-street. I know the Horseshoe and Magpie—I saw Miss Coffield sitting on the sill of the window, with her legs inside, and the shutter put against her—I went home to my shop.
CLARA RODMAN . I am married. I saw Miss Coffield put through the window by the men inside, and I saw the shutter put up against her by the men inside, as it appeared, violently—I did not see her taken out—I know Terry and Cooper; but I did not see them at that time.
LOUISA HARDY . I saw Mr. Terry and another forcing Miss Coffield in a window, and I saw Mr. Terry and Cooper with a shutter—Miss Coffield came out, and I took her to the doctor, and examined her person myself—I found she was very much injured—I did not see any one in the crowd outside, strike Mr. Terry—I had not seen him do anything to Miss Coffield before the 19th Dec.—I have seen water in the house on the floor—I used to sleep with Miss Coffield; she was never left alone.
Cross-examined. Q. Was your son in the house that day? A. Yes; and Gilson was there—I know Dixon—I do not know whether he was there at that time—I should say Miss Coffield got back to the house in about three quarters of an hour—I was at my door at the time she was lifted in at the tap room window by some of the crowd—I had not examined her before she was
lifted in—I slept with her in the back parlour till the things were taken away—from the 8th till the 21st, I have remained there with her till 1, 2, or 3 o'clock, and then she has gone home and slept with me.
MR. PARRY. Q. Did you see your son on that day? A. Yes; he was in a state not fit for females to see; his clothes were so torn off—he had been thrown down into the cellar—Miss Coffield complained to me before she went into the house again. Witnesses for the Defence.
MR. LANE. I am solicitor for Mrs. Fagg, and have been so the last twenty years. I have the counterpart of a lease here from Mrs. Fagg to Mr. Pipe—it was afterwards assigned by Horsfall to Coffield.
Cross-examined by MR. PARRY. Q. This came by assignment to Coffield in Nov., 1850? A. Yes; it then had thirteen years to run—the adjustment was in Jan.—the judgment was signed on the 21st April—the declaration was in Jan.—that was after all this.
Q. Owing to your advice to Mrs. Fagg, she has had to pay 1,000l.? A. She may have—I was examined in the Court of Exchequer—Terry was examined—I had two actions for malicious prosecutions—I am to pay the costs out of pocket—the witnesses examined here to-day were examined in the Exchequer—I did not move for a new trial, because Mr. Humphrey was lying dead.
THOMAS ROWLAND . I am a journeyman carpenter, and live in Thornhill-street, Caledonian-road. On 19th Dec. I was employed for Mr. Terry—I was working at the private house, but I was called into the Horseshoe and Magpie, between 3 and 4 o'clock in the afternoon—I was in the yard at work, and Mr. Terry called us over the wall to assist him, as these persons were acting very wrong to him—I do not know how Mr. Terry got into the public house, but we got over the wall, and went in the back way—when we got in the back parlour I saw two men laying hold of Mr. Terry violently, and one of them had a chopper in his hand—I took it from him—as well as I could understand, one of them was Hardy—we assisted in putting them out—Miss Coffield was present—the man who had the chopper said if any one touched it he would cut our b—brains out—I said, "Well, I shall take this from you first"—I assisted afterwards in blockading the place up—after these persons were put out we blocked up the parlour window, and they got in at the back, in at the tap room; but we had several rounds violently to get them out—the blood flowed violently; there was fighting with sticks and brickbats—I would not go through it again for 50l.—my mate can prove it, he was cut violently—he is not here—when the persons were put out of the window we barricaded the door; and as fast as we put them up they cut them down; and then we thought it was time to leave—Hardy came back, as well as I could understand, through the doorway, and then I left—I saw him cutting the barricading down, as fast as we put it up—we first barricaded the parlour window, and after they broke that down, they swore that they would cut our b—heads open—we were obliged to leave.
Cross-examined by MR. PARRY. Q. What did you get for this carpentering job? A. I got 5s. for my daily labour—I got nothing for this job; I did it to assist my master, as I would you if you were my master—I cannot exactly say how many of us went there—I do not think there were a dozen of us went—we met at my master's work at the house adjoining—we were at the house adjoining all the day, and my master spoke to me over the wall.
Q. And then did you all come out at once? A. I told that other gentleman (Mr. O'Brien)—that is the gentleman I wish to speak to.
MR. O'BRIEN. Q. How long had you been working for Mr. Terry? A.
I think five or six weeks, or it might be two months—I believe there was something done to the roof, but I did not do it—the other men were at work, men of different trades, bricklayers and plasterers—they were all at work for Mr. Terry, in a quiet manner.
GEORGE BALL . I am a labourer. I was at the Magpie and Horseshoe, on 19th Feb.—I was at work all day long—I was at work at 6 o'clock in the morning; between 3 and 4 I was at work in the back yard—I saw Mr. Terry get in at the back parlour window—I heard him call for assistance, two or three men got in at the window—I got in and saw Mr. Terry in the back parlour, and a man standing there with a little chopper in his hand—I do not know the man's name—I saw the man trying to get the parties out—I went to the front room and returned, and I saw Mr. Terry go to Miss Coffield and say she had better leave—I stood by his side, and I said to her myself, "Miss Coffield, you had better go, there will be some disturbance"—I went in the front room, and Miss Coffield was brought in the front room by Mr. Terry, and some of the men assisted in putting her out of the window with her feet outside—I then assisted one or two of the men to place a door in the room against her back—I held it while the carpenters were nailing it—I stood some time while stones and things were being thrown in—I then went in the back room—I stood some time while they were trying to get in, till Mr. Terry came and said we had better get away.
Cross-examined by MR. PARRY. Q. Were you there on Sunday, and assisting in putting the fires out? A. I was there on Sunday; I had been there in the course of the week, and I believe I received 5s. beyond the pay for the work I had done—I put one fire out, Miss Coffield was not in the house when I put the fire out—I went to the butt and drew a pail of water—Mr. Terry did not pay me for that—he told me to put that fire out—I drew a pail of water and put it on the fire—Worms was standing by the fire at that time—I cannot say whether Miss Coffield was there that day—she was not at the time—the premises were not insured—I did not see any shavings about.
GEORGE ANSTEY . I am in the employ of Mr. Terry. I went to work on the roof of the house, in Great Bath-street, on 8th Dec.—I continued till the time of this disturbance, on the 19th—I remember Hardy being on the roof, I cannot say on what day—he said some water had been thrown down the chimney—there had been none at all—I was there on the 19th, we were all at work about the premises—Mr. Terry went in for some purpose—I was in the back parlour when Miss Coffield was put out of the window—I could see what took place—when Mr. Terry went in, there were two or three sitting in the back parlour—I believe he told them to quit the place, and they said they would not, and after that there was a bit of a bother.
Cross-examined by MR. PARRY. Q. I think you staid all night? A. Sometimes—I might have been there two or three nights—I was paid for the job a guinea a week—I am a paper hanger by trade—I was not hanging paper in the night—I did not do any paper hanging in the house; I was working as a labourer.
THOMAS WARREN (policeman, G 225). On 19th Dec. I was at the Horseshoe and Magpie, about 20 minutes past 4 o'clock—I remained there about two hours and a half—I saw a man dressed as a sailor there—I saw him go in at the window—I know now that it was Hardy, I did not know then—I have seen him several times since, and I know his name is Hardy—I saw him go out of the window; he went and fetched a can of beer, and began singing.
there till I had been there half an hour—I saw her get in at the window out of the court; she was very quiet then, I did not see any violence at all.
TERRY— GUILTY .— Confined Six Months.
TUDGEY— GUILTY .
COOPER— GUILTY .— Confined Four Months.
Before Mr. Common Serjeant.
GUILTY . Aged 21.— Confined Six Months.
GUILTY . Aged 20.— Confined Seven Days.
Before Russell Gurney, Esq.
555. SAMUEL CROSS , stealing 111 lbs, weight of copper, and other articles, value 5l.: the goods of the Eastern Counties Railway Company: and JOSEPH BALDWIN , for feloniously receiving the same: to which
CROSS pleaded GUILTY .— Transported for Seven Years.
MR. BALLANTINE conducted the Prosecution.
STEPHEN THORNTON (police-sergeant, A 26). I stopped the prisoner Cross near his own house—I found some property on him, and, in consequence of what he told me, I went to his desk at the Eastern Counties station—I found other property there—from what he told me, I afterwards went with two officers to Baldwin's, in Fox's-lane, Shadwell—I found Baldwin there, and there were men there—it is a general shop—the names of "James and Joseph Baldwin" is over the premises—I asked the prisoner if Mr. James Baldwin was at home—he said, no; he was gone home to his dinner, and he might return in half an hour, or it might be two or three hours—I told him I was a police-officer, and I had a warrant to search the premises for brass and copper, property stolen from the Eastern Counties Railway—I told him he had better send for his brother—he spoke to a person, who went with a message, and I asked that person when Mr. Baldwin was there last—he said he had not been on the premises since 10 o'clock in the morning—I asked the prisoner where the metal was kept—he said, "In that room," pointing to a shed leading from the counting-house—I said, "We must search it"—he said it was locked—I asked for the key—he said he had not got it—I said he had better send for it—that was before he had sent to his brother—we waited from 3 o'clock till 6, and I asked him again to find something to open the door—he said he could not find anything to open it—we asked him what he did with the metal which came to the house during the absence of his brother—he said, "I keep it in the counting-house till my brother comes home, and he puts it into the warehouse"—we broke the door open, and found about 1cwt. of metal—there were several parcels of copper tied up in the Weekly Times, with a description of string similar to that I had seen at Cross's house—there was a desk there, which the prisoner was frequently at—he was receiving goods at that time, and he was passing to and fro, making memorandums at the desk—I have searched for James Baldwin, and have not been able to find him.
Cross-examined by MR. PARRY. Q. Are these large premises? A. Yes; the place where the metal is kept is twelve or fourteen feet by ten—there was a load of goods at the warehouse door at the time—to the best of my recollection, there were two or three men there, besides those who came with the goods—I think there was a floor over the counting-house—I saw no room leading from the warehouse—a great many rags were in the yard—I found on the prisoner the bill of parcels of the goods that came in the cart, showing that he was acting for his brother—there are two doors to the counting-house, and one to the warehouse—a person who goes into the warehouse must go through the counting-house—there is a window of the counting-house which looks into the street—I am not positive whether there is one into the yard—I stopped Cross on the 14th, about 1 o'clock in the day; and on the 16th I went to the warehouse, about 3.
MR. BALLANTINE. Q. What sort of desk was the prisoner at? A. A sort of half desk, with a rail to it, and there was a passage along.
----OVENDEN (Thames policeman, 45). On the 16th I went to search Baldwin's house—I was left in possession—in the course of the evening I found six paper parcels, containing eleven pieces of copper—they were at the back of the desk, in the counting-house, and a coat over them—I had seen the prisoner Baldwin at that desk during that day—it was the desk that all the accounts were taken at—I staid there from about 3 o'clock till between 4 and 5 the next afternoon, about twenty-six hours—I was there all night—these six packages of copper were wrapped in the same sort of newspaper as the others, the Weekly Times.
Cross-examined. Q. What time did you find these pieces? A. Between 11 and 12 o'clock; my brother officer was there, and one of Mr. Baldwin's men.
BALDWIN— NOT GUILTY .
Before Mr. Common Serjeant.
GUILTY . Aged 52.— Confined Twelve Months.
GUILTY . Aged 17.— Confined Two Months.
GEORGE ADAMS . I am a general salesman, of High-street, Sydenham. The prisoner was in my service three months—my premises have been lately rebuilt, during which the stock was taken to my brother-in-law's opposite, and was brought back when the premises were rebuilt, the prisoner being employed to help in wheeling them on a barrow—the last time he was so employed was 1st May—I had a stable there, some distance from my premises—I went there on Sunday 2nd May, about half-past 8 o'clock in the morning, and met the prisoner crossing the yard, going in the direction of the stable—he had on a cloth coat which I recognized as similar to some I had in stock, and a waistcoat which I had worn several months—I told him I wanted the horse got to—I then made inquiries and gave him in charge—I said I believed the clothes he had on belonged to me—he said he bought them in Petticoat-lane, and I was mistaken—I told the policeman that if the prisoner's boots
were taken off, the name of Bower Andy, Esq., would be found inside them—these are them (produced)—they have that name in them now—they were part of my stock—a half crown, a tobacco box, and this silk handkerchief, were found on the prisoner—the handkerchief is mine, I have had it two years.
Cross-examined by MR. WOOLLETT. Q. In what capacity was the prisoner working, on your premises? A. As a bricklayer's labourer, and attending on the carpenters—he was not wearing the clothes on my premises—he was crossing the road on Sunday morning, going towards my stable—here are three waistcoats; I more particularly speak to this one, from its being made for somebody, and I have worn it—it was found on him—I purchased these boots second hand of the gentleman whose name is inside—these trowsers are very common—I did not know they were missing till I saw them on him—I placed so great reliance on him, from the fact of his working well, that I increased his wages, from 10s. to 18s. a week—I know there are a great many general dealers in Petticoat-lane.
JAMES PHILCOX . I was a policeman at this time, and received the prisoner in charge—he was wearing this coat, trowsers, waistcoat, and boots, I found this handkerchief in his pocket—he said he bought the coat in Petticoat-lane, for 9s. 6d., and the waistcoat he had picked out of a basket of rubbish, belonging to Mr. Adams—that he had had the cloth the trowsers were made of three years, and his sister made them up—here is a mark where a ticket has been torn off—I produce two waistcoats besides.
Cross-examined. Q. What was the reason of your leaving the police? A. I have resigned—I was not dismissed—I believe I have said before that the prisoner said the waistcoat belonged to the prosecutor—this is my deposition (produced)—it was read over to me before I signed it—I did notice that it was not put down—I swear I told the Magistrate that the prisoner said he had had the trowsers two years.
MARY ANN HARTLEY . I was staying with my brother, Mr. Sidney. A short time ago the prisoner asked me to alter two waistcoats to fit him, about the latter end of April—this produced is one of them—I partly altered it, and the police came and took it.
GUILTY . Aged 20.— Confined Six Months.
MR. RYLAND conducted the Prosecution.
JAMES WILLIAM CROUCH (policeman, R 118). On Sunday, 11th April, I was on duty in Greenwich, about 7 o'clock in the evening, near the pier. I saw the prisoners with three others at the pay office, where people take steam boat tickets—they surrounded a gentleman at the pay box, and after hustling him about a little, left him—they all five went into the main road and talked together about five minutes; they then returned on to the floating pier—Beale and two others went towards the head, and Thompson and another towards the stern, bustling to and fro—one of them, not in custody, who was towards the stern, beckoned with his hand to the other three—I then saw the prosecutor, and they all five surrounded him, as he was endeavouring to go on board a steam boat—Thompson had a coat on his right arm—I saw his left arm drop, caught hold of it, and said to the prosecutor, "Have you lost your watch?"—I kept hold of Thompson's hand, he caught hold of me by the neck-handkerchief, but it gave way, and I threw him on the pier, on his back—I held his hand so tight that the glass of the watch, which was in his hand,
broke, and cut his hand—it was taken from him—Beale was covering Thompson, and would have received the watch, if I had not been close behind him—I saw nothing attached to the watch, but taw part of a guard on the prosecutor's neck, and the rest of it in Thompson's right hand—I handed Thompson over to sergeant Carpenter, who handed him over to Taylor—I went on board the boat, and pointed out Beale, who had got on board—I could not clearly identify the others.
Cross-examined by MR. COCKLE. Q. Did you search Thompson? A. Yes, at the station; I found a ticket on him for the London boat—I was watching them ten minutes, or a quarter of an hour—there were thirty or forty persons on the floating pier, but at the time they surrounded the prosecutor they had mostly gone on board; there were not above five or six left—they hustled two or three females besides, and persons who were getting tickets—Carpenter was not there then; I had not seen him since I went on duty at 2 o'clock; we met by accident—I did not see the watch in Thompson's hand before he was on the ground, but I felt it, as I caught hold of his hand—the prosecutor's face was towards the boat—Thompson was pressed against the prosecutor, but it was by his own companions.
Cross-examined by MR. O'BRIEN. Q. Did the boat go off directly? A. No; it stopped eight or ten minutes for me to go on board, and see if I could identify the other four.
JOHN CARPENTER (police-sergeant, R 38). On Sunday, 11th April, between 6 and 7 o'clock, I was in Greenwich-park, and saw the prisoner and three or four others with them—I watched them, and missed them all in a moment—I went down the street to the pier—I saw Crouch on the floating pier with Thompson—he said, "This man has stolen a watch of this gentleman"—I spoke to the prosecutor, and got this watch (produced) from him—I examined Thompson's hand, it was bleeding—he said it had been kicked by Crouch—said, "That is impossible, as it is a very sharp cut"—it was such a cut as might be produced by broken glass, not by a kick—the glass of the watch was broken.
Cross-examined by MR. EDGAR. Q. I believe it was Easter Sunday? A. Yes; being a fine day there were a great many people—I only saw Thompson when he was in Crouch's hands—I was on the wharf, looking down upon them.
RUDOLPH LOUIS LEOPOLD WEISS . I was at Greenwich on Easter Sunday; I went to the pier to go on board, and missed my watch, which I had seen safe five minutes before—it was secured by this steel chain, which was as perfect then as ever it was—I afterwards saw part of it in Thompson's hands, and part was left round my neck—I saw the handle of my watch in Thompson's left hand—Crouch got him on the floor, and the glass was broken in the struggle—I saw my watch taken from his hand; it was worth 4l. with the chain—I am sure Thompson is the man—I did not see the other men.
Cross-examined by MR. EDGAR. Q. When did you miss your watch? A. The very moment I was spoken to—there was a large crowd around me, or I would have apprehended Thompson myself—I did not feel the watch taken from me; the chain was rather long—I was the last of my company—Thompson was going to step on the vessel, but stepped back, and let me go before him, and at the same moment Crouch called out—my chain was not very strong, part of it was outside my waistcoat.
THOMPSON— GUILTY . Aged 21.
BEALE— GUILTY . Aged 25.
(Beale was further charged with having been before convicted.)
JOHN CARPENTER re-examined. I produce a certificate—(read—Central Criminal Court, John Maskell convicted March, 1850, of stealing a watch from the person; confined twelve months)—I was present; Beale is the man—Thompson has also been summarily convicted for stealing a watch.
GUILTY. Transported for Seven Years each.
Before Mr. Common Serjeant.
GREEN pleaded GUILTY . Aged 20.— Confined Four Months.
THOMAS CHARLES ANDREWS . I keep a glass shop, at Woolwich. On 10th April I examined my stock, and missed between twenty and twenty-four dozen of ale glasses from the warehouse adjoining my shop—Green was in my service—I gave information to the police, and I went with the officer to Mr. Hatfield—I found some of my glasses there—I knew them, because we have our own glasses made to pattern—I went to Mr. Stifferton, and found twelve or fourteen glasses there; I went to Mr. Mayes, and found twenty or twenty-one there—here are some of them—I can swear to them; they are my pattern, and are made by the hand, not in a mould.
Simpson. Q. Did I not tell you that I had bought some dishes of this prisoner? A. Yes; I said, "What a man sells after he leaves my place is nothing to me."
JOHN NEWELL (policeman, R 340). I took Simpson—I asked him what he gave for the glasses he sold to Mrs. Mayes—he said he gave half a crown for them to Mr. Andrews's man—he said he never bought any of him before; he had twenty-one glasses.
Simpson's Defence. I bought them of this prisoner for 2s. 6d. and I went and sold them; they were worth about 4s. 6d. in the trade; I have laid out a good bit of money with Mr. Andrews; he knew I had a good character.
THOMAS CHARLES ANDREWS re-examined. I have known Simpson eighteen months or two years—he has bought dishes and plates, and cups and saucers of me, but no glass—he always paid me, and as far as I know he was honest.
SIMPSON— NOT GUILTY .
ALEXANDER PIPER . The prisoner slept in the same room as I lodge in, at Greenwich. On 1st April, about 8 o'clock, I went out, leaving the prisoner at home cleaning the place—I came home at 11 and found my box, which had been locked, and I had the key with me, had been broken open, and my trowsers, and shirts, and money were gone—these are my articles, and were in the box.
Prisoner. Q. Where was I, when you went out? A. Down stairs; you were in the house—it was 11 o'clock when I came home—you were not at home; there was nobody in the house—I did not give you these things to pawn, and you did not come back and give me the money.
Prisoner. Q. What remark did you make to me? A. No remark at all; I asked you the name, and you said, "John Piper."
Prisoner. You were standing at the pawnbroker's, and heard me give the name of Alexander Piper. Witness. I heard you give the name of John Piper.
Prisoner. I have always pawned in the name of Alexander Piper; I pawned these in that name and gave him the money, 6s. 3d.
GUILTY . Aged 28.— Confined Twelve Months.
GUILTY . Aged 44.— Confined Three Months.
Before Russell Gurney, Esq.
WILLIAM GLADWIN (policeman). On the evening of 1st May, about a quarter to 7 o'clock, I saw the three prisoners near Mr. Henderson's shop—I saw Barratt and Imber go and pull this coat, as it hung on the dummy, and Archer was about five yards in advance—Barratt was carrying a sack—they then went to the corner of the street, and returned, Imber carrying the sack, and they placed themselves in front of the window—Imber held the sack, Archer being on one side of him, and Barratt on the other—I saw the coat just before they went, and missed it just after; they then separated—I afterwards took them into custody, and Barratt was wearing the coat.
Barratt. I know nothing of the other prisoners. Witness. I saw them all together for about an hour.
JOHN NEWELL (policeman, R 340). I was on duty on 1st May, and saw the three prisoners in company, coming out of Hare-street—my attention was called to them by Gladwin—I watched them, and saw them go to Mr. Henderson's shop—they placed themselves round the dummy, and when they left, the coat, was gone—I lost sight of them for some time, and afterwards took Archer and Imber into custody—I told them the charge at the station, and Barratt said he found the coat, and he knew nothing of the other prisoners; he had not seen them—I had seen them all together for about an hour and a quarter.
Barratt's Defence. I bought the coat that morning, before I went to Woolwich. (Barratt received an excellent character.)
BARRATT— GUILTY. Aged 19.—Recommended to mercy by the Jury. — Confined Fourteen Days.
ARCHER— GUILTY .†** Aged 21.— Confined Six Months.
IMBER— GUILTY .
Imber was further charged with having been before convicted.
IMBER—GUILTY.** Aged 20— Confined Six Months.
MR. BIRNIE conducted the Prosecution.
JOHN CARPENTER (policeman, R 38). On the afternoon of 12th April I was on duty in plain clothes about Greenwich fair, and saw the two prisoners at the bottom of Church-street, where there was a crowd of people; a performance was going on—I saw Dridge place himself in front of a female, on the right side, and Martin, who had a coat on his left arm, went to her side—I then saw Martin's hand come from the female's dress with this purse (produced) in it—I did not see the hand go in—Dridge then left a little way, and I saw Martin go to him, and give him the purse, and he put it into his right coat-pocket; they then separated—Dridge came across the road, and I pushed him into a public-house, and told him I wanted that purse in his pocket—I put my hand into his pocket, and took it out—I am quite sure this is the same purse—I told him he was charged with stealing it—he said he did not steal it; he picked it up—I told him he did not, but that he received it from another man—I asked him how much was in it—he said he did not know; he had that moment picked it up—I found 3s. in it—I left him in custody, and went after the female and the other prisoner—I could not find the female; I found the other prisoner—I am quite sure he is the person who was in company with Dridge—he had then put the coat on—I told him he was charged with stealing a purse from a lady—he said he had not done so—I told him his companion was in custody—he said he had no companion—I asked him how much he had in his pocket—he said 13s.—I found 23s. 6d.—I told him that was a good deal more than 13s.—he then said he had just changed a sovereign—I also found on him a silver watch and guard.
Cross-examined by MR. O'BRIEN. Q. What time was it? A. Between 3 and 4 o'clock—there were perhaps fifty people looking at the show—I did not speak to the lady; I could have got to her, but then I should have lost the prisoners—I saw the lady about two minutes.
Cross-examined by MR. SLEIGH. Q. Were there not several other men close to the prisoners? A. There were several others on the footpath, but they were on the kerb, next the road; there was no one on the road side next them—their side faces were towards the show—Dridge made no resistance.
JOHN WHITE (policeman, R 180.) I was with Carpenter, and saw the performance going on, and saw both the prisoners there together—I watched them, and saw Dridge place himself by the side, in front of a lady and gentleman—Martin stood at the side of the lady—I saw Martin speak to Dridge; they left the lady, and Carpenter took Dridge into custody.
Cross-examined by MR. O'BRIEN. Q. Were you on the same side of the way as them? A. Yes; I had seen Carpenter before that.
MARTIN— GUILTY .
DRIDGE— GUILTY .* Aged 21.— Confined Three Months.
Martin was further charged with having been before convicted.
ALFRED SPICER (policeman). I produce a certificate (read—Central Criminal Court: John Williams, convicted Nov., 1850, having been before convicted; confined one year)—I was present—Martin is the person—there was then a certificate produced of his having been transported for seven years.
MARTIN—GUILTY. Aged 30.— Transported for Ten Years.
Before Mr. Common Serjeant.
DINAH SKUDDER . I am a widow, and let out barrows and carts for hire. I know the prisoner—on 24th March I let the prisoner a cart—he agreed to pay me 7s. a month for it—he said he had taken a business at Bexley, and he wished to transact business with the cart—no time was fixed for him to keep it—three weeks after that I received information, in consequence of which I went to the police-station, and gave information—on 3rd May I saw the cart again—Mr. Flicker then had it—the prisoner had no authority to make away with it—I did not see him again till he was at the police-station—I had not been paid anything for the loan of the cart.
Cross-examined by MR. SLEIGH. Q. How long have you known the prisoner? A. Since 1850—he was in a greengrocery business at Green-which, and was in the habit of using a cart in his business—he had hired carts of me before—he has not always paid me for the loan of them—he did not come to me about a month after he had the cart, and say he had not positively sold it, but that he had been suddenly pressed for money—he was taken into custody on another charge, and discharged; and the day after that he came to me, and said he had not sold the cart, he would restore it to me if I did not go against him—I told him if he did not restore it, I should go to the Magistrate against him—I know nothing against his character.
AUGUSTUS FLICKER . I am a salesman, at Erith. On the Saturday before Easter, I was going through Plumstead, and saw the prisoner at his own house; he then told me he would sell his cart—I met him again on Easter Monday; we had some beer together, and I then asked him if he would sell the cart; he said, "Yes," and said he wanted 50s. for it, and it was as cheap as a donkey at 15s.—on the Tuesday morning I agreed with him for the cart at 45s., and took the cart away—that is the same cart Mrs. Scudder has seen.
(The prisoner received an excellent character.)
NOT GUILTY .
ANN PAYNE (the younger). I am single. My father has been dead two years and a half—when he died, he gave me two feather-beds, and all the household furniture—they were left in the house he died in—a short time after my father's death, my mother went to live with the prisoner, who lived next-door, and lived with him twenty months—my brothers and I continued to live together, and carried on the business—when my mother left, the beds still remained with me—on 24th Feb. last my mother came to me, and in consequence of what she said I let her have the two beds, and received them back from her on the Wednesday in Easter week, in the Plumstead-road, where my mother was living—I put them into the possession of Mrs. Salter until it was convenient for me to take them away—on 24th April I received information, in consequence of which I went to the prisoner, but could not find him—I then went to where I had left the beds, and found they were gone—I afterwards saw the prisoner, and told him I had heard he had gone and claimed those beds of mine from Mrs. Salter's, and had disposed of them for 2l.; he said he knew he had, but that they were his own—I have since seen them in Mr. Taylor's possession.
Cross-examined by MR. SLEIGH. Q. Did not he say he had a right to do what he liked with his own? A. No—he said they were his own—he is a greengrocer—the house next-door was furnished by him—he was doing a good business—my mother lived with him till very recently—they did not live on very happy terms—I do not know that my mother and the prisoner
had frequent quarrels, or that he has been beaten by her—I do not know that at one time the quarrel was so severe that she cut his hand open—I heard he had a cut finger, but I did not hear who did it—my mother left the prisoner, and moved from next-door to Bexley, and it was then that I lent her the beds—that was in Feb.—the prisoner had then gone away for three months—I said I would not lend them if he was there, and some how he came out of gaol before the time expired—he was given in charge by my mother's brother-in-law, for stealing fowls—my mother petitioned the Magistrate for him—I have not heard my mother say that she had taken care of herself, and would never rest till she had transported him—I forget now whether I have heard her say so or not—I have not, to my knowledge, heard her say so—my mother took the house at Bexley about 20th Feb.—the prisoner had then gone to Maidstone—I was at the house at Bexley once, but not after he came from Maidstone—I do not know when he came out of gaol—I heard he lived with my mother after he came out.
ANN PAYNE (the elder). I am the last witness's mother—my husband died two years and a half ago, and I lived with my son and daughter—my husband gave my daughter what little furniture there was, there were two feather beds—my daughter remained living with her brother, and I went to live with the prisoner next door but one—the beds remained with my daughter—in Feb., I went into business at Bexley Heath—I went there because the prisoner was in confinement, and I thought when he was liberated he would not be able to find me out—when I went there, I borrowed the two beds of my daughter—I afterwards sent for my daughter, gave them into her possession, and she removed them to Mr. Salter's—the prisoner wanted to destroy my home, and take the goods away, and I told him the beds belonged to my daughter, and he must not touch them.
Cross-examined. Q. You and the prisoner have not lived on very happy terms? A. No; far from it—when I left my late husband's house, and went to live with the prisoner, I did not take any property with me—the prisoner had a good shop and business—I do not know whether he had a good deal of money, he used to lend money to 60 or 70 people—I have had a great many altercations with him, one of which resulted in blood flowing from him—I have never said that I had now all I wanted out of the—, and that I would never rest until I got the—transported—I know Horatio George Cole, who lived with the prisoner four years, he is a respectable clerk—I knew him as "Old George"—I never told him that I had taken care of myself, and got all I wanted—after I lived at Bexley, the prisoner came there, said I was his wife, and demanded everything there—we lived together as man and wife—he did not support me—we did not divide the profits of the business—I had my meals in his house, and slept in the same bed with him—he slept on the beds in question with me, when he came to Bexley—I have served the artillery officers for nine years, and had 1l. a week till I introduced myself to the prisoner.
COURT. Q. Did you use these beds when the prisoner came back to you? A. Yes; he wanted two or three times during that time to have them, and I told him they were my daughter's, and he should not make away with them—one day I was away from home, and he came and found me out, and said I must come home and conduct the business—I said I would go into my children's house and conduct theirs—soon after that, he was coming up the market with a load of summer cabbages, and said, "Sell them at such a price," and he went home, and went to the kitchen where his little boy was waiting to be dressed, took him up on his arm, and a knife in his hand, and
said, "I will cut your—"—he dropped the knife, I heaved it towards the potatoes, and he caught hold of it and cut his fingers, and I saved the dear child's head—the child is seven years old—I do not know where it is now—he has two children at the Union.
REBECCA DOE . I am servant to Mrs. Salter, of Plumstead-road. I remember Ann Payne leaving two beds at my mistress's to be taken care of, they were taken up stairs—on 24th April, the prisoner came for the beds, and said if we did not give them up he would fetch a policeman—Mrs. Salter told me to show him where they were, I did so, and he took them away.
WILLIAM TAYLOR . I keep a beer shop at Plumstead. On 24th April, the prisoner came, said he had two beds for sale, and asked 2l. for them—I bought them of him for 2l., and he gave me a receipt—Miss Payne has seen those beds.
MR. SLEIGH called.
HORATIO GEORGE COLE . I live at Greenwich. I was servant to Mr. Mitchell between four and five years, up to the latter part of last year—he did not live happily with Mrs. Payne; I remember her stabbing him once—she came home very intoxicated, as she used to do, he said something to her, and she up with a carving knife, stabbed him, and I had to take him to the doctor's—he was too fond of his little boy to have cut his head off—the prisoner had his name painted over the door, "Licensed to deal in game," and one morning she painted it out after he was gone to market, and she said to me, "Oh! George, what do you think—will say to that when he comes home"—I said she might have left him alone, it was only aggravating him—she said, "I have got all his tin, and the sooner I get rid of him the better; I have nearly all his tin"—after that she said, "I have cooked his goose; I think I have got some tin which will send him away for seven years." (The prisoner received a good character.)
NOT GUILTY .
Before Mr. Common Serjeant.
GUILTY . Aged 19.— Confined Twelve Months.
FRANCIS JAMES . I am shopman to Mr. King, a cheesemonger, of High-street, Borough. On 17th April, the male prisoner came there about 12 o'clock in the day, put three shillings on the counter, and asked me if I would give him a half a crown and a sixpence for them—I saw that the middle one was counterfeit, and gave it to Mr. King, who sent for a constable, and he was taken into custody—the constable brought in the female prisoner—I then heard a shilling drop, which the policeman picked up, and I gave him the shilling which Mr. King had given back to me.
I gave it to him again, saw it marked, and given to the policeman in my presence—I gave the prisoner into custody—the female was brought in, and I saw her drop some money, which the sergeant picked up.
JAMES CARPENTER (policeman, 471). On 16th April, in consequence of information, I went to Mr. King's—he gave me three shillings, two of them were given up to the prisoners, by order of the Magistrate—one was bad—this is it (produced)—I took the male prisoner.
GEORGE NEWELL . I am shopman to Mr. King. On 16th April I was outside his shop, and saw the prisoners standing at the corner of the shop window talking together—the female said, "Are you going in here, Bill?"—he said, "Yes; I shall go in here and try it on"—he did not go in immediately—I was sent for into the shop by my master, and left the female standing there—my master sent me for a constable, and the moment she saw me coming back with one she walked very sharp towards St. George's Church—I gave her in charge, brought her back to the shop, and saw a shilling drop between her and the sergeant, who picked it up—I think it dropped from a handkerchief which was in her hand.
William Gillard. Q. Did my wife say "Try it on there, Bill? or "Try and get it there, Bill?" A. You said, "I shall go in here and try it on."
WILLIAM TIMEWELL (policeman.) I received the female prisoner in charge from Newell—I pushed her into the shop, took a handkerchief from her hand, and this shilling (produced) dropped on the floor—I took her to the station—the male prisoner was there—he said to her, "You have sold me at last, you b—y old cow."
WILLIAM WEBB (policeman, A 483). I was at the station, and heard the female searcher call for assistance—I went into the cell where both prisoners were—the searcher said "Take hold of her hand, she has got some money"—I took these four shillings (produced) out of her hand.
WILLIAM WEBSTER . The shilling uttered, and the shilling that fell from the female, are both counterfeit, and from the same mould—the four found on the female are counterfeit, and three are from the same mould as the first.
William Gillard's Defence. I did not know the shilling was bad; my wife gave it me, with two others, as I had to pay half a crown to a society, and went to get half a crown of Mr. King, who has often obliged me by doing so before, as I always pay it with a half crown.
Prisoner. Q. Did not you ask the other shopman once to give you a half crown for me? A. Not that I am aware of.
WILLIAM GILLARD— GUILTY .** Aged 61.
JANE GILLARD— GUILTY .** Aged 62.
Confined Twelve Months.
MESSRS. SCRIVEN and POLAND conducted the Prosecution.
THOMAS WHITTAKER . I am a coffee-house keeper. On 5th April the prisoner came to my shop, about half-past 11 o'clock at night, and asked for 2d.-worth of pudding—I served him—he tendered a shilling, which I placed in the detector, and found it to be bad—I asked him if he had any other money, as I did not like that—he said, "I have only a penny-piece"—I took him by the collar to the door to look for a policeman—he struck my hand from his collar, and ran into the center of the road—he placed his hand to his pocket and ran between the cabs—I called "Stop thief!"—he was stopped by a cab man, and a policeman took him—I requested a cab man to search, while
I went to the station—I afterwards received from Brown these two counterfeit shillings, which I gave to the policeman with the first shilling.
JOHN BROWN . I have a cab on the stand in the Borough-road—I heard a cry of "Stop thief!"saw the prisoner running out of the shop, and stopped him—about ten minutes afterwards I searched near my cab, and found two bent shillings, which I gave to Mr. Whittaker—the prisoner ran close to the place where I found them.
GUILTY . Aged 21.— Confined Six Months.
MESSRS. SCRIVEN and POLAND conducted the Prosecution.
MARY BOTLER . On 3rd May, about half-past 10 o'clock in the evening, the prisoner came to our house with a bottle, and asked for a quartern of gin—I served him—he offered me a half crown—I was rather dubrious of it, but put it into the till—there was no other half crown there—I gave him change, and he left—I saw my nephew, Mr. Holder, take the half crown from the till; it was found to be bad.
JOHN HOLDER . I am landlord of the Crown and Thistle. I saw the last witness serve the prisoner, and put a half crown in the till—the prisoner left—I took the half crown out, tried it, and it was bad—there was no other half crown there—I went after the prisoner, and found him at Mr. Goring's; collared him, brought him back to my house, and asked him to give up the good change he had received for the bad half crown, and likewise to pay for the gin—he said he was not aware it was bad—he paid for the gin, and I gave him in charge, with the half crown.
HANNAH SHIPLEY . I am barmaid to Mr. Goring, who keeps the Robin Hood public-house. On 3rd May the prisoner came to the bar and called for a glass of ale; it came to three half-pence—he put down half a crown—I called my master to give him change; he did so, and picked up the half crown from the counter, and put it in his pocket—as the prisoner was turning from the door, Mr. Holder came and took him.
JAMES GORING . I am landlord of the Robin Hood—I received the half crown, put it in my pocket, and gave the prisoner the change—there was no other half crown there—I afterwards gave the prisoner in charge—Mr. Holder came to me—I found the half crown was bad, marked it, and gave it to the policeman.
GUILTY . Aged 36.— Confined Six Months.
MESSRS. SCRIVEN and POLAND conducted the Prosecution.
HENRY PAYNE . I am barman of the Unicorn public-house, Stone's-End, Borough. On 3rd April the prisoner came for half a pint of porter—I served her—she gave me a counterfeit sixpence—I told her it was counterfeit—she said she took it last night—she went away—I did not give it her back; I laid it on the sideboard—I did not lose sight of it at all, till I took it up, about three or four minutes after—I then followed the prisoner to the shop of
Mr. Lovell, a chemist, in the Walworth-road—she went in there—I stayed outside—I then went in and gave some information—Mr. Shepherd produced a sixpence to me, which I looked at; it was bad—I bent it, and gave it him back again—the prisoner had then left the shop, and had gone up the Wal-worth-road—I followed her, and overtook her—she turned back again, and I met her, and gave her into custody—I put the sixpence, which I received from her, into my pocket, and gave it to policeman 154.
COURT. Q. When you put the sixpence on the sideboard, were there any other sixpences there? A. No; I had no other sixpences in my pocket—I am sure I gave the same sixpence to the policeman.
WILLIAM BALDOCK SHEPHERD . I am assistant to Mr. Lovell, a chemist, of the Wal worth-road. On Saturday, 3rd April, the prisoner came there, about 1 o'clock—she asked for two pills—I served her—they came to a penny—she gave me a sixpence, and I gave her fivepence change—I put the sixpence she gave me into the till—there was no other sixpence there—when the prisoner went out Mr. Payne came in—in consequence of what he said I went to the till, and took out the sixpence, and snowed it him—he said it was bad, and bent it—he gave it back to me—I put it back again into the till, and afterwards gave it to the constable.
GUILTY. Aged 21.—Recommended to mercy. — Confined Four Months.
Before Mr. Baron Piatt.
(The prisoner did not plead to the indictment, but upon the application of MR. RIBTON the Jury were sworn to try whether he was then of sound mind and understanding.)
WINTOWN HARRIS . I am a surgeon at Horsemonger-lane Gaol. I saw the prisoner there on 11th April—I saw him daily while he was in the gaol—he has been removed from there a week—I believe him to have been perfectly insane at the time of his committal, and I saw no alteration in his conduct since.
COURT. Q. Do you believe him to be insane now? A. I have not seen him for the last week until he came into the dock this morning.
MR. RIBTON. Q. What day last week did you see him? A. Last Monday week—at that time I believed him to be insane.
Cross-examined by MR. PAYNE. Q. Did you cause him to undergo any examination? did you question him? A. I did the first day, and afterwards; I do not think any other medical man saw him while he was at Horsemonger-lane—I cannot say anything with respect to his condition at this moment, but only up to last Monday week.
COURT. Q. How came you to see him every day? A. It was my duty to do so, and to converse with him, to see how he was going on—I only talk to those prisoners who are committed for murder; it is my duty to see them, to see what state of mind they are in, and to attend to their health—I saw the prisoner and conversed with him every day—I do not believe that he was a sane man upon any one of those days.
Q. What was the particular ground of insanity, the particular delusion?
A. He wanted to commit suicide—he said the law would do it if he did not; and he was determined to commit suicide; and that was his complaint; he said it always was his complaint; that he had been in Bedlam and in the Surrey Lunatic Asylum, and that he wanted to commit suicide.
Q. But if a man is committed for murder, and says, "If I don't commit suicide the law will do it for me," do you think that looks like madness?
A. He said his complaint was always that he wanted to commit suicide; and he committed murder on purpose to do it; on purpose that the law might do it; that his complaint was suicide, and he should not be well till it was done.
JOHN CATHIE . I am the prisoner's uncle. I consider that for the last fire years he has been a lunatic—symptoms of insanity were first observed by his family immediately after his return from South America—that was in the year '48—he said he had lost all his energy; he had got no inside left, and that he always required something in his hands to support or balance him—in March, 1849, I conveyed him to Bethlehem Lunatic Asylum—he remained there till Dec. of the same year, and was then discharged as uncured—he was then taken home by an aunt—she persuaded his mother to take him out, and said she would make an experiment by keeping him at her house, to see if she could not do something for him—I saw him frequently at Bethlehem, and afterwards at his aunt's, almost daily; certainly every week—the state of his mind seemed to get worse; and after a week or two his aunt was very glad to get rid of him, and his mother procured an order for his admission into the County Lunatic Asylum, at Wandsworth—he went there in Feb., 1850, and remained about twelve months—I think he was discharged in Feb., 1851—he was discharged uncured—from then up to the time of this unfortunate occurrence he lived with his mother—I have been in the habit of seeing him almost weekly during that time—his mother was my sister—I was constantly urging her to put him again in confinement; that he was not fit to be at large—on the very Tuesday previous to this occurrence he came over to me for a small allowance which I was in the habit of making him; and then his manner was so very strange, that I sent a message the following day to my sister, to urge her by all means to put him in confinement—I was satisfied something would occur; she sent me word that she would do so; and it was arranged that he was to be placed in confinement the very night this took place—I have not the least doubt that he is insane at the present time—I am positive of it.
Cross-examined. Q. Was he attended by any medical man after his discharge, in Feb. 1851, from the County Lunatic Asylum? A. I think not—I saw him on the Tuesday, previous to this occurrence—I have frequently seen him since he has been in prison—I last saw him last Friday—I have had conversation with him there—I consider that he has never had lucid intervals since he came from America—when I saw him last Friday, in Newgate, he was more composed and sedate than I had seen him for years—I had seen him at Horsemonger-lane, on the Thursday previous, in the presence of Mr. Keene, the governor, when he was in one of his bad fits—he was sullen, and did not care about seeing me, and wanted to leave the room immediately—when I saw him in Newgate it was not in the presence of any medical man—it was in the presence of Mr. Cope.
COURT. Q. Have you been in the habit of seeing him frequently, since, in prison? A. I have seen him five or six times—he will answer any questions you put to him, but he will never find a subject of conversation himself, or sustain a conversation—he has not for years mentioned any
subject himself—the question I put to him in Newgate was, "I suppose you know what you are here for?"—"Oh yes," he said, but in a very indifferent manner, "it is a dreadful deed, and I suppose I must suffer for it; I must throw myself on their mercy"—that was rational enough—I asked him also if he recollected the last time I saw him, and where—he said, "Yes; one day last week;" but he could not recollect the day—he was never addicted to drink, previous to this malady he was one of the most steady industrious young men that could possibly be—he was the chief support of his mother and family—his over anxiety and assiduity in business, I am satisfied, brought it on—I should say he appeared to understand perfectly well the charge I alluded to in my conversation.
CHARLES TONGS . I am a carpet bag and hassock manufacturer, and live at I, Durham-place, Lambeth-road. The prisoner and his mother resided in my house eleven months, up to the time of this unfortunate occurrence—I was in the habit of seeing the prisoner daily—at times he was much worse than at others, but generally speaking I never thought there was any harm in him—I never thought he would do an act of this description—at times he had very curious ways with him, and did not appear at all like a man in his mind—at other times he did—he would sometimes come home and stand at the street door, and talk to it for half an hour at a time—three or four days before he committed this act, he had been out to fetch something for his dinner, and when he came to the door he fancied that Ben Count had been insulting him, and he put down his provisions, took off his coat, and said he would fight Ben Count the champion of England—I have not seen him since the murder.
Cross-examined. Q. Were there times when he seemed to answer rationally in conversation? A. Oh yes; he answered rationally enough; only half an hour before he committed the deed he came down and asked me to give, him a piece of carpet to lay down by the side of his bed.
MR. RIBSTON. Q. You say there were times when he spoke rationally; was there any time when you really considered him to be in his right mind? A. Yes, there was MR. PAYNE called
MR. WILLIAM WADHAM COPE . I am governor of Newgate. The prisoner was brought into my custody yesterday week—I saw him about two hours afterwards—I directed him to be placed in the infirmary—I had no intimation that he was of unsound mind when he came from the other prison—there have been persons to attend on and watch him day and night—I have seen him daily, and sometimes twice and three times a day—I have spoken to him once or twice, not more—I always found him very rational—he answered questions in a way that any other prisoner would have done—I think he understood me; and, from I what he said to me, I think he understood the charge against him perfectly well.
Q. Do you consider, or not, from what you have seen of him, and the conversations you have had with him, that he is, or not, in a state to answer whether he is Guilty or Not Guilty? A. I do not think he is in a condition to understand the meaning of those answers; when the question is put to him whether he is Guilty, or Not Guilty, I really do not think he understands the nature of it—I found that opinion upon my observation of him since he has been in my custody.
The JURY found the prisoner to be of Unsound Mind. — Ordered to be Detained until Her Majesty's pleasure be known.
Before Mr. Common Serjeant.
573. BENJAMIN HASSLER , burglariously breaking and entering the dwelling-house of Edward Bannister, and stealing 1 watch, 2 watch chains, and 1 key, value 46l. 5s.; and 26l. in money, and 5 5l. bank-notes; his property.—2nd COUNT, receiving the same.
MR. ROBINSON conducted the Prosecution.
MARIA CHAPMAN . I have lived several years in the service of Mr. Burmister, of Springwell, Clapham. I know the prisoner—he lived with Mr. Burmister six years ago—on 26th March I went to bed at 10 o'clock—my fellow-servant, George Reynolds, was the last person up—in the morning the clock struck six as I came down stairs—I found the door at the top of the kitchen stairs, the breakfast-room door, and the larder window, open—anybody could have got into the house by that window—some wire had been pushed aside, and the bar taken away—it was shut at 9 on the night before—I found my master's cash-box in the breakfast-room, open, and a bag and a bunch of keys—I called up Reynolds and my master—I found a lamp in the larder, which was usually kept in the pantry cupboard.
GEORGE REYNOLDS . I am footman to Mr. Burmister. I was called up, and found the house had been broken open—I went to bed at half-past 11 o'clock, and left my lamp in the pantry—the windows were all fast, except the larder window, which was not quite shut, within about an inch—in the morning I found the lamp there, blown out—I missed three or four glasses of wine from a decanter in the pantry.
EDWARD BURMISTER, ESQ . I am a merchant, and live at Springwell, Clapham. The prisoner was in my service six years ago—I was called up on this morning and missed my watch from my dressing room—I saw my cash-box empty in the breakfast room; it had been locked up in my wardrobe the night before, the key of which was in some part of the room, or in an empty drawer—it was my custom to put it there when the prisoner was with me—I found the wardrobe shut—I missed 50l.; 15l. was in notes in the box, and 35l. in the bag—I had sent my clerk to the Bank of England on 20th Feb. with a check for 35l., he brought back two 5l.-notes, Nos. 68483, and 68434, twenty sovereigns, six half-sovereigns, and 2l. in silver, which I put into the bag in my cash box—that is my watch and chain (produced).
Cross-examined by MR. BALLANTINE. Q. What do you know the watch by? A. By the number and maker—Reynolds has been with me 'eighteen years—the prisoner was in my service with him—I did not take the numbers of the notes at the time, I got them of the bank clerk since.
DANIEL ADYE BAILEY . I am a clerk in the Bank of England. On 20th Feb. I cashed this check—I gave two 5l.-notes, Nos. 68433, and 68434—this is a memorandum made by me from the Bank books, in which I entered the notes at the time I paid them.
Cross-examined. Q. How do you know that? A. From the Bank books.
HENRY TATTERSELL . I live at Mr. Blissett's, Dudley-grove, Harrow-road. On 27th March a pin, similar to this, was redeemed, to the best of my knowledge, by the prisoner; it was in pledge for 2s. 6d., in the name of John Smith; he tendered this 5l.-note—I did not take the number, but I endorsed on it, "Smith, 27, 3, 52," and my initials, which are here.
Cross-examined. Q. Do you speak with any degree of certainty to the
prisoner? A. I believe him to be the man on account of his being dark, and a note being paid to me for so small an amount.
ANN HUNT . I live at 12, Field-place, Kensington. I know the prisoner, he had a furnished room at my house—I know he was out of a situation—I have known him many years, he never appeared to have any money—he paid me no rent, and I lent him 3s. 6d. at one time, and several shillings, when he has told me he was going after a situation—I saw I think it was a coat, taken from the wardrobe, and a watch and chain from a portmanteau in his room.
Cross-examined. Q. Had you known him before? A. I knew his sister—he owes me the rent, and has boarded with me as well, ever since November.
JONATHAN WHICHER . I am a sergeant of the detective police. On 3rd April, I received information, and watched the house, 12, Field-place—I saw the prisoner come out, followed him to Notting-hill, stopped him, and said, "I believe your name is Hassler?"—he said, "No, it is not"—I said, "What is your name?"—he said, "My name is Benthall"—I said, "I believe you lived at Clapham-common some years ago?"—he said, "No, I never lived there"—I said I was an officer, and apprehended him on suspicion of committing a burglary at Mr. Burmister's, on Clapham-common—he said he knew nothing about it—I took him to the station, and found this gold watch, the pin in his cravat, this chain attached to the watch, a duplicate of a ring, pawned for 4s. in the name of Charles Smith, and a knife, two keys, and 15s. 6d.—at the station he said he knew nothing about the robbery, but he bought the watch of an old Jew—I went with Shaw to Field-place, and found the portmanteau unlocked—I tried one of the keys to it, and it locked and unlocked it.
FREDERICK SHAW . I am an inspector of detective police. I went with Whicker, and found in the portmanteau the gold chain (produced)—in the wardrobe a new coat, a pair of boots, a pair of trowsers, and two neck ties, all new; also eight sovereigns, four halfpence, and a register of baptism in the name of Hassler.
GUILTY. on 2nd COUNT . He was further charged with having been before convicted.
JOHN GLENN (policeman, D 290). I produce a certificate—(read—"Central Criminal Court: Benjamin Hassler, convicted Aug., 1850, of stealing in the dwelling house of his master; confined one year")—I was present—the prisoner is the man.
GUILTY. Aged 27.— Transported for Ten Years.
Before Mr. Justice Maule.
574. GEORGE BAIN was indicted for burglariously breaking and entering the dwelling house of John Alexander Hankey, and stealing therein 4 handkerchiefs, 1 locket, 1 barometer, 1 clock, and other articles, value 20l. 4s. 6d.; his property; having been before convicted: to which he pleaded
MR. ROBINSON conducted the Prosecution.
JOHN ALEXANDER HANKEY . I reside at Roehampton, in the parish of Putney. On Wednesday evening, 21st April, I left Roehampton about 9 o'clock, or a quarter past, to go to town with my family—I returned about twenty minutes after 2; the carriage drove up to the door about that time—
I went into the drawing room a few steps for the purpose of getting bedroom handle sticks—everything was perfectly safe then—there were no signs of fire, nor, that I could see, of robbery—about an hour afterwards, I was alarmed by a maid knocking at my door—I got up, went into the drawing room, and found it filled with suffocating smoke, and the opposite side of the room was in flames, which extended to the window—an ottoman occupied a recess between the fireplace and the window, and there were curtains opposite which go the whole length of the room—the curtains up to the coving of the ceiling were on fire—the coving is a sort of wooden canopy fastened to the window; it is part of the wall, I think—most likely the architect built it—it is not part of the curtains, it is boards nailed against the wall, and fastened in the ordinary way—those boards were on fire—the principal body of fire was in the corner in that part of the room, but there was also fire in that part some—what nearer to the fireplace at the back of the ottoman—it extended from the window round the corner partly to the fireplace, limiting itself to those parts which were wood—where there was skirting board it was on fire; the skirting board was only partial at the back of the ottoman—the heat was intense—I did not go in, but shut the door, and gave orders to my wife to save the lives of the children first—it was about ten minutes or a quarter of an hour before we managed to get the fire under—a large picture, which was above thirty feet from the fire, was entirely charred and destroyed—there is a fire-place at each end of the room—there was a clock at one end, which stopped at 18 minutes to 4—I also missed a pendulum clock from the mantelpiece on the other side, which stops directly it is moved—I saw it after it was found—it had stopped at 29 minutes past 3, which was about ten minutes before I was alarmed—the clocks kept very exact time indeed—the legs of the otto-man were entirely destroyed, and the floor was destroyed at the further corner—I missed a large quantity of valuable property, some of which I have not recovered yet—I had seen most of it the evening before, on two tables at the further corner of the room—they were some seals, a silver gilt snuffbox, and some instruments, some of which were as far as could be from the fire, quite at the opposite corner—I missed nothing from that part of the room where the fire was; that part was entirely hedged in by furniture, two arm chairs, a sofa, and a small table—the sofa and chairs were within an inch of touching; a man must have gone round them, or stepped over them to get to where the fire was—the nearest point to the clock, which was carried off, at which I observed the fire to have gone, was six feet from where it had stood—the candles used in the drawing room are all wax, and cut to fit the candlesticks—stearine candles are used in the school room, and only in that room—several things were missed from the school room, which I have since seen—from the school room you can get round from the drawing room by a door; you can get round in two ways—a stearine candle was found on the same console table as the silver bedroom candlesticks bad been on—a policeman showed me a wax candle found in the shrubbery, which was precisely like the others—it was cut, and fitted the silver candlesticks—my family were very much alarmed—I have been informed that the prisoner lived there with Mr. Thomson, before I took the house of Mr. Thomson, seven or eight years ago, but I have seen him on two occasions only; the first time was when I arrested him at the India House for a burglary—I do not know his writing—I received a letter on 28th April, six days after this transaction.
JOHN DAY . I was gardener to Mr. Thomson, and am now in Mr. Hankey's service—the prisoner was in service there with me four years—I have never seen him write, but I have received letters in his name when he was in
India, which he fully recognized as his on his return, and told me he had been in the Subtle battles with Lord Gough, and described the wars in the same manner as in the letters—I have not got any of them—my house was robbed four years ago, and all letters of his in my desk were taken away.
Prisoner. My brother, who was in India with me, used to write to Mr. Day, but I never did. Witness. I know Arthur Bain—the letters were not in his writing—they were signed "George Bain"—I have seen letters signed by both, and they were both in different writing.
Prisoner. I never wrote them, but I did write the letter to Mr. Hankey on 28th April—(Letter read—"City 26/4/52. Sir, Your suspicions has been wrongfully founded when you place them upon me, as this will not reach you before I am out of all earthly power I beg to tell you I never had that mean or cowardly heart to rob and afterwards fire any Enemy's place—but I must say your conduct towards me on Mr. Day's affair might cause some suspicion on my part but that was my only crime; but yours, yes yours look at the daylight robberies you commit daily and my Death perhaps seals for ever the crime of Mr. Andrew Thompsons Sons fate as supposed to have died at sea. Gold was not to he had on my part at Wandsworth and well you knew it God forgive you. burn this and may you not come to the Gallows; prevent it as I have done you food for Worms. There is something more will follow but I hope and trust not to your Innocent family You have hurried me to an untimely Grave May your lot be the same; we shall meet again, and be judged—my brain prevents me from saying more A J Hankey, think of my Death and farewell" (signed) George Bain." Addressed, "To A J Hankey Sore Koehampton Surry." Post mark, "Blackman-street."
COURT. to MR. HANKEY. Q. What was Day's affair? A. The prisoner was charged and convicted of breaking open my gardener Day's house—I do not know anything about gold at Wandsworth—a son of Mr. Andrew Thompson, a boy, who was a cousin of mine, went to sea some years ago, and the ship was lost—I had nothing to do with sending him to sea—I heard of it after he was drowned—I do not know the meaning of my daylight robberies; I am not conscious of any—the drawing room fire was out when I. came in.
HENRY LYE . I am a footman in Mr. Hankey's service. I remained at home on this night—I went to bed at very nearly half past 11 o'clock—the next morning I found a pair of shoes, a pair of stockings, and a shirt, under the stairs—one of the policemen asked me for a piece of candle—I gave him three or four inches of stearine candle, which had been lighted, which was lying on the console table, not in a candlestick—it was about 6 in the morning.
WILLIAM YAXLEY . I am a footman in Mr. Hankey's service—I went to town with the carriage, and on my return, after Mr. Hankey had gone to bed, I looked into the drawing room about half past 2 o'clock—everything was perfectly safe, and there was no smell of fire—the next morning I saw some marks of a candle on the sideboard in the dining room but not in the passage—you can go from the school room through the dining room into the drawing room—the sideboard is at the back of the drawing room fireplace—they are adjoining rooms—the fires were all out.
JANE WHITE . I am maid in the school room. On the 21st April I went to bed a little before 12 o'clock—I slept immediately over the drawing-room—on the morning of the 22nd, about 2b. minutes to 4, I was awoke by a
smoke and a smell of fire in my room—I gave an alarm, and went down stairs—stearine candles are burnt in the school room—a gold locket and some purse rings were missed from the school room, from a little box in the book case-these are them.
HENRY UNDERHILL . (police sergeant, V 6). On the 28th of April, I took the prisoner in a urinal, in Hyde-park—I told him I charged him with committing a burglary at Mr. Hankey's, and afterwards setting it on fire—he said, "I know all about it, and if I had not been apprehended I was going down to Roehampton to see about it"—I searched him, and found two phials, one of which was labelled M Poison," and this letter (read—"City 26/4/52. To the Commissioners of Police, Great Scotland Yard, Charing Cross—Sirs, I beg to state I heard this morning the awful news of Mr. A. J. Hankey's residence being robbed and afterwards set fire to, and that suspicion at present lights on me. God is my judge I never did entertain any malice or revenge for that gentleman, or any one allied to him. I must certainly confess that my peace of mind has been much unsettled since he was so very anxious to prosecute me for Mr. Day's burglary. I was innocent of that, but guilty of receiving it. Through my former conviction, that prevents roe from facing my accusers, and I have no other means of finishing a life which has been a burden to me ever since I first stepped on my native shore after an absence of twelve years. Since the first week of my leaving the Hospital, I refrained from coming to Roehampton; family quarrels was my sole reason for so doing, and I hope God will forgive me and others. I have been wrongly judged by those in power, and sooner than be remanded, even on suspicion, I will end that life so eagerly sought for by the bloodhounds and perjuries that beset me; but let me, ere I conclude, remark the sole cause of my untimely end I lay to Mr. A. J. Hankey, and my only wish and last prayer is for him not to let revenge follow me beyond the grave, or to any of my parents or relations. May God forgive him, as I hope forgiveness at the last day of judgment, where rich and poor, guilty and innocent, will meet their true acquittal. Farewell, Gentlemen, and all the world; I leave this innocent. May God have mercy on my soul. George Bain "The prisoner was examined before Mr. Bingham—I saw him in the cell after he was examined—he said he was guilty of the robbery, but not of the fire—I told him to mind what he said, for I should give it in evidence against him—he said it was no matter, he should have told Mr. Beadon to-day all about it, but he should be remanded again, and he should tell all about it when he was again brought up—he said he entered the house about 9 o'clock at night, and left about twenty minutes to 2 in the morning, that Mr. Hankey came home and disturbed him, that he had a silver candle-stick in his hand, with a piece of wax candle in it, which he lit at the lamp in the passage, that he then threw the candle and candlestick down in the passage, and he supposed that was how the house must have caught fire; that he hid the clock in the shrubbery, about twenty yards from the gravel pit—I went there and found it—it had stop at twenty-nine minutes past 3—I afterwards went to the house where he lived—I found under the bed a shirt, and a pair of socks, which he said were the property of the butler, and that the things found under the stairs at Mr. Hankey's were his own—he told Mr. Hankey, in my presence, that he dropped the candle in the drawing room, that it was a mistake, and that I had misunderstood him, but another officer heard him as well as me—it was at the next remand that he made that statement.
WILLIAM BURTSALL (police-sergeant, V 2). On Friday, 30th April, I found the piece of candle (produced) in the shrubbery, about thirty yards from where the clock was found—I showed it to Mr. Hankey and to the butler—
this piece of stearine candle from the console table, in the drawing-room, was taken up by the footboy, and given to me.
GEORGE MERRON . I am assistant to Mr. Russell, a pawnbroker, of Shoreditch. On 22nd April the prisoner pawned this locket there, also a case of instruments, a rule, two ink-bottles, a thermometer, four handkerchiefs, a silver snuff-box, six seals, and two rings, all at the same time—he said he came for his sister.
Prisoner's Defence, I did not wilfully set fire to the place; I was in the drawing-room when Mr. Hankey came in; the bell rang, and with the sudden excitement I dropped the candle, and ran out at the back door on to the lawn; I did not go into the passage where the policeman says I said I threw the candle down; if I had, I should have met Mr. Hankey; it was then about 20 minutes to 3 o'clock; the sofa was alongside of me at the time.
JURY to MR. HANKEY. Q. Which way were the curtains hung with regard to the ottoman? A. They touched the ottoman—they were very seriously burnt, having been on fire from the top to the bottom—they were made of cotton and woollen—the ottoman was burnt in two parts, which were connected by the back, which was made of chintz—it was most burnt where it came in contact with the framing of the room—the cushion being stuffed with feathers, must have damped the fire—no one standing at the right side of the fireplace could reach the ottoman without going round the chairs and sofa.
GUILTY . Aged 36.— DEATH recorded.
Before Mr. Russell Gurney, Esq.
NOT GUILTY .
MR. M'MAHON conducted the Prosecution.
THOMAS WALTER PHINN . I am waiter, at the Gardener's Arms beer-shop, in South-street, Camberwell. I went out with beer to Mr. Stanley, a customer, about a quarter past 9 o'clock in the evening of 20th of April—as I was returning I met the prisoner—he took me by the collar, turned me round towards a gaslight, a little way off, opposite the fence belonging to the work-house, and said, "You are the person I have been looking for for five or six years; you are one of the parties amongst others that have had connection with my wife"—I said, "My good man, you are mistaken; I neither know you or have seen you before, or your wife either"—that was true; I had never, to my knowledge, seen him before, or his wife—I declare, most solemnly, he was an entire stranger to me—he struck me on the bridge of my nose, knocked me down on my back in the road, and began kicking me—he kicked me on the jaw, on the eye, right over the eye, and on the other side of the face, and the ribs—I could not see whether he had boots or shoes on—the last kick that I remember receiving was in the mouth, and my teeth were loosened—he continued kicking me, as far as I know, till some one came up—I became nearly insensible.
Cross-examined by MR. CARTER. Q. Was it light or dark? A. Dark—he did not strike me first, but turned me round to a gaslight—I never saw him before—I know a woman named Blackley, and another woman, the prisoner's sisters; I knew them as neighbours—I lived ten years in the same street with them—the prisoner said, "D—nyour eyes, you b—r, stand up,
and fight like a man"—I did not get up after I was knocked down; I could not—I have been about my usual business since, with a man to assist me; I have not been confined, nor in the Hospital—I was not about till the following Sunday—this happened on a Tuesday—I kept my bed the greatest part of that time—I was not fit to be seen out of doors—there were but very few persons about—some one came to assist me when it was too late.
MR. M'MAHON. Q. Were you not nearly insensible when he said, "Stand up and fight me?" A. Yes; I was on the ground—there was not the slightest pretence for saying I had had connection with his wife—she came the next morning to the police-office, and said to me, "Do you know me?"—I said, "No."
JAMES ADLAND . I live at 19, South-street, Camber well, and am a labourer. I remember the night of 20th April, I was passing through Adam-street—I saw the prisoner strike the last witness—he struck him in the face with his fist, and knocked him down—after he was down he began kicking him—I fetched the police.
Cross-examined. Q. Did you assist this man in any way? A. No; I was afraid to interfere—there was nobody about at the time it began.
MICHAEL DWYER (policeman, P 135). On the night in question I heard a cry in Adam-street—I went to the place, and found the prisoner and the prosecutor together—the prosecutor was standing up, his face was covered all over with blood, and a great quantity of blood was on the ground—his eyes were very much swelled, and there were two cuts over his right eye—I took the prisoner into custody.
Cross-examined. Q. Do you know where he resides? A. Yes; he lives about half a mile from the prosecutor's—I do not know his wife—the prisoner had no weapon in his hand.
COURT. Q. Was the prisoner sober? A. I consider he was; he seemed agitated and frightened.
JOHN SWAN FLOWER . I am a surgeon, and live at Denmark-hill. On the night of 20th April, I was sent for to the police station, at Camberwell-green and found the prosecutor there—his right eye was perfectly closed and swollen to a great extent, so much so that I could not separate the lid to see if the sight was injured—the other eye was also swollen, but not to so great an extent—the forehead had two lacerated cut wounds—the bridge of the nose was fractured—the bones were riding one over the other—the upper jaw was fractured, and three of the teeth inclined towards the mouth—I replaced them, and since then he has gone on in a very prosperous manner—he had also a considerable bruise on his chest—his ribs were not fractured, there were some bruises on them—I should think his jaw and nose had been injured by a kick or blow—his life was in danger for the four first days, I apprehended erysipelas—he is still under my care—he is now out of danger.
(The prisoner received a good character.)
GUILTY on 2nd COUNT. Aged 36.—Recommended to mercy .— Confined Nine Months.
MR. BODKIN conducted the Prosecution.
GEORGE ALFORD (policeman, P 236.) I am stationed at Brixton—I had seen the prisoners, but did not know them much—about half past 4 o'clock in the afternoon, on 22nd April, I was fetched from the station to
the Black Horse, which it near the station, I found Jesse Higgins and another man fighting—when I got there they went into the Black Horse—in a few minutes both the prisoners came out—they were creating a disturbance, and assaulted one or two persons who were passing—I persuaded them to go home—they said, d—nmy b—y eyes if touched them they would do for me, and they would knock my b—y eyes out—they bad been drinking, but were not drunk—an officer named Freeman was near me and I called him, and we both joined in persuading the prisoners to go away—they did not go for some time—they pulled one another about, at last they went—their father keeps a nursery ground, I think, about 200 yards from the Black Horse—I and Freeman then went to the station house—in about half an hour we were fetched out again—we then went to the nursery ground, and I saw one of the prisoners driving Mr. Stemp, a corn merchant, out with a stick—when I got to the nursery, Mr. Stemp was outside the gate in the road, bleeding from one side of the face—he gave the prisoners into my charge for an assault on him, and be afterwards went to the station and charged them—they were in their father's nursery ground—I went into the ground, and a man that was working in the ground came running down—when we got in, the prisoners were fifty or sixty yards from the gate—we both went up to them together; Jesse was three or four yards nearer the road than John was—when we got near they both armed themselves, Jesse had a poker, and John had this iron hoe or one similar to it—Jesse said, "Am I to be locked up?"—we made no answer, we were three or four yards distant—my brother constable said, "Put down that, Jesse"—Jesse up with the poker, and struck at his head—he stooped down and I sprang forward, and by that and his stooping down he avoided the blow—I took Jesse by the collar, and John came forward with this iron, or one similar to it, and struck me on the head—it cut through my hat, and right down on my head—I cannot remember that he said anything when he made that blow—I still kept hold of Jesse, and my brother officer went and took John into custody—Jesse kicked me very violently about the body, and kicked my forehead just over the left eye—he also kicked me several times about the head, and the back, and the side—I went down in the struggle—I was uppermost, and Jesse put his arms round my neck and tried to throttle me—there was a great deal of blood flowing from my wounds—some further assistance came, and I was got from him—I had taken out my staff when I was down, but when I was struck I had no weapon in my hand—when I took out my staff I tried to use it, but I do not know whether I did for I was so far exhausted that I had no strength to use it—the prisoners were taken to the station, and when there, John said, "You are a pretty b—r; I wish I had murdered you."
Cross-examined by MR. DEARSLEY. Q. You say the prisoners had been drinking; were they sober? A. They were sober—I swear they were not drunk—they were not the worse for drink—when I first went to the nursery ground, I saw one of the prisoners about fifty yards off, and the other three or four yards further—I recognized them again—I knew them before—I could not tell which of them it was who was running after Mr. Stemp—I was at the distance of several hundred yards then—I swear it was one of the prisoners—I knew him by his dress, and I think it was John—I think I was 700 or 800 yards off—I do not mean to say I saw any blows struck—when I went into the nursery ground I said nothing to the prisoners that I had come to take them on any charge, but was proceeding to take them—we were going for the purpose of seizing them—this was in their own private ground—
we went to take them into custody—we should bate said something to them, but they did not give us a chance—when Jesse kicked me, I had him in cut-today—I believe I struck him on the legs, but I could not swear it—I did not strike him several times—I will swear I did not strike him on the head—I believe I struck him on some part, but I could not swear it.
Cross-examined by MR. HUDDLESTON. Q. As soon as Jesse saw you he went into the Black Horse? A. He did—they were not in a drunken state—I have not described them as being in a drunken state—they had been drinking, but were not drunk—they were as sober as I am now—I mean they knew what they were doing—they certainly had had more than I have—they knew as well what they were doing as I do now—I had seen Jesse fighting with another man—I did not take him because he went into the house—Mr. Stemp said to me, "I will give them in charge"—I said, "There is quite sufficient charge to take them on"—that was all that took place at that present time—I had got hold of Jesse when John struck me—that was in their father's ground.
MR. BODKIN. Q. Did Mr. Stemp tell you what you were to take them for? A. For an assault on him—he said, "I will give them in charge for the assault on me"—that was every word that passed.
COURT. Q. Were you in uniform on this occasion? A. I was; I have not been on duty since.
DANIEL FREEMAN (policeman P 56). I was near the Black Horse, on 22nd April—I was sent up there by the sergeant—there were a great many persons; and both the prisoners were there, making a great noise—we went up to them, and begged them to go home—they threatened to knock my brother constable's eyes out—they were at last persuaded to go home, and they went into their father's garden—they had been drinking, but were not drunk—after they were gone, I returned to the station with my brother constable—we were sent for in about ten minutes or a quarter of an hour—we both went towards the nursery ground—when we got there we found a great quantity of persons, and a man of the name of Stemp, who was bleeding in the face—he spoke to my brother officer; but I did not hear what he said—we went in, and just as we got in we met a man coming running in a great hurry, in his shirt-sleeves—he said, "For God's sake, make haste; John Higgins will kill my mate!"—we went towards the green-house—the prisoners were coming out, meeting us, when we first saw them—I believe they had not anything in their hand—they went between the two greenhouses—we went after them, and Jesse had a large poker in his hand, and John had a large hoe, which I believe to be this—I told Jesse to put the poker down, and he immediately struck a blow at ray head'—I stooped down; the blow went over my head, and my brother constable immediately caught hold of him by the collar—I followed the blow up, and got hold of the poker, and immediately John struck my brother constable down with this iron scraper, or hoe—at that time neither of us had any weapon in our hands—I had wrenched the poker out of Jesse's hand, and threw it away—I seized John, and took the iron hoe from him, and he and I went up and down I daresay a dozen times—he was very violent—I had a staff, but I did not draw it at all—some other persons came from the station, and the prisoners were taken into custody—when at the station-house, I beard John say, "What a pretty fellow you are; I wish I had killed the b—r"—my brother officer's head and face were all smothered with blood—the prisoners had been drinking.
Cross-examined by MR. DEARSLEY. Q. Had they been drinking freely? A. Yes; I told Jesse to put down the poker—I was going up to take it out of his hand—I seized it, but before that he had struck a blow at me, and missed me—I then rushed in, and took the poker from him.
Cross-examined by MR. HUDDLESTON. Q. Did you see Mr. Stemp? A. Yes, before I got in the ground; he was outside the gate—my brother officer was with me—I saw the prisoners as they went in—they were up against the greenhouse, fifty or sixty yards off—we went up to them—they went in the place between the two greenhouses—my brother officer was with me—he could see as much as I could, and I as much as be.
MR. BODKIN. Q. How far is it from the station to the nursery gate? A. I should think not much more than 100 yards—the prisoners were coming towards the passage, between the two greenhouses—that is the passage where the stoke-hole is, and where this poker and tools were—I did not attempt to lay a hand on them till this blow was made with the poker.
WILLIAM MERRITT . (police-sergeant, P 8). I was fetched to the nursery belonging to the prisoners' father. I saw Jesse Higgins on the ground, and Alford on the top of him—Jesse was pressing his head down in his chest, and the blood was running down—I begged him to let go; he refused—I then endeavoured to loosen his hands; I could not—I took out my staff, struck him on the wrist, and he loosened his hold—I then persuaded him to get up—the prisoners had been drinking.
CHARLES STEMP . I am a corn merchant, and live at Brixton. I was in the nursery ground where the prisoners were, on the afternoon in question—I was standing opposite my own house when I first saw the prisoners—I went into the ground, because I saw them fighting—the two brothers were pitching into a man of the name of Mills—I went up to them, and said to Jesse, "What are you at?"—I took hold of the other, and Jesse struck me in the face, and I was obliged to let John go, and we struggled together, till I got away from him—the blow in my face cut my nose and my lip, and made my face bleed—when I got to the gate, leaving the nursery, I first saw the policemen—I have no recollection of speaking to them; one of them said I did, and the other said he did not hear it—I could not tell whether I did, in the state of excitement in which I was—I went to the station-house after-wards.
Cross-examined by MR. HUDDLESTON. Q. I believe you said this might have been prevented if Mills had stopped? A. Yes; if one person had taken one of the prisoners from me, I could have pacified the other—the prisoners were under the influence of drink; there is no doubt about it—I saw them cross the road, and enter by the side of the nursery; they walked up the ground very quietly—they were afterwards fighting—I think if Mills had stopped, I might have pacified them—I attribute this all to drink—I have known them a good many years, and always found them well conducted when sober.
JOHN SWAN FLOWER . I am a surgeon. Alford was brought to me on 22nd April—he was in an exceedingly exhausted condition from loss of blood—I found a wound on the scalp, at the top of the head, an inch and a half in length, punctured to the bone—another wound over the left eyebrow, of a torn and lacerated appearance; and also an extensive bruise over the whole forehead; and there were various minor bruises about the arms, and legs, and the testicles considerably swollen, and very tender—he became delirious at night, for several successive nights, and suffered much from constitutional
disturbance—he was in danger—such an instrument as this might have caused the wound on the head, if used with considerable violence.
JESSE HIGGINS—Aged 29.
JOHN HIGGINS—Aged 24.
GUILTY of unlawfully wounding.
Confined Six Months.
Before Russell Gurney, Esq.
GUILTY . Aged 20.— Confined Six Months.
MR. CAARTEEN. conducted the Prosecution.
BRIDGET SHEEN . I am single, and live at 8, Nelson-street, Camberwell; the prisoner lived at 5, in the same street. On 27th March she was using bad language to me, and threatening me for about two hours and a half—about half past 6 o'clock I was on the step of the door, and she was at her own door, using awful language—she called me a b—y rotten w—e, and said the child I had in my womb was by a man with the she called me that over and over again—I asked her to shake hands, and she said, "You b—y w—e, I will rip you open," putting her hand in her pocket—she came to where I was, and I shut the door against her—she then went away, about ten yards, to opposite the Nelson—Mrs. Flynn, my landlady, went out, and she called her a rotten we, and pushed her away—I then saw her on the ground—I went out, and when she saw me coming she cut my dress in five places (pointing it out)—I drew my hand to hit her a blow, and she drew a knife and bursted my nose in two, and left this half hanging on my cheek, it bled like a water butt—I had not offered to strike her before she cut my dress—I saw the knife when she cut me—I got myself away, and she ran after me, and said, by the living Jesus! she would rip my b—open, and she would do for me—I went to the station house, and Mr. Flower, the surgeon, saw me—I afterwards went to Camberwell workhouse—I am not yet fit for work.
Prisoner. Mrs. Flynn threw me down, and the prosecutrix heat me while I was down. Witness. Mrs. Flynn had pushed her down—I did not beat her while she was down—I do not know whether she was sober.
MARY FLYNN . I am the wife of James Flynn, of 8, Nelson-street; the last witness lodged with us. On 27th March, between 6 and 7 o'clock I saw the prisoner opposite to our house—I went out to close the shutters, and she called me a by Cork w----e—I had said nothing to her—I went to her, put my hand on her shoulder to put her away, and she fell down—I did not see anything in her hand—as she fell, she drew her hand across my forehead, and afterwards I found I was cut—Sheen came out, went to her, and she took Sheen, and held her by her clothes, and drew the knife right across her nose—I saw Sheen offer a blow at her, but cannot say whether it hit or not.
Prisoner. Q. Did not you follow me, knock me down, and give me two thumps on the stomach? A. I did not give you two thumps.
JAMES H (policeman, P 5). On 27th March, Sheen came to the Camberwell-station—she was then holding her nose on her cheek; it was bleeding very much—I sent for Mr. Flowers—the prisoner was brought to the station by a constable I sent to apprehend her—I told her she was charged
with violently assaulting Bridget Sheen and Mary Flynn—as to Sheen she said she was sorry it was not worse; she had been saying something about her man, and she would serve her out for it—I do not recollect that she said anything about Flynn—I saw her frequently during the night, and almost every time she said she was sorry she had not finished her; she would finish her when she came out—I asked her where the knife was, and she said she had got that all right against the time she came out again—I afterwards got this knife (produced) from Michael Flynn—she was sober when brought to the station, but I believe she had been drinking—she continued saying this all night—she knew what she was saying.
MICHAEL FLYNN . I heard a noise in the street, went out, and met Sheen holding her apron to her face, and I saw blood—I saw the prisoner at the corner, with a knife in her hand—I went to take the knife from her, but did not succeed in getting it—on the Monday morning she gave this knife to my wife, and she gave it to me.
JOHN SWAN FLOWER . I saw Sheen at the police station on the night of 27th March—there was a deep gash right across the side of her nose, which cut it completely asunder—I dressed it, and have attended her up to within about three days since—she was in great danger of her life—about four days after it happened symptoms of lock jaw showed themselves, the muscles of the neck and mouth became affected, there was great stiffness—it was such a wound as could have been made with this knife, but very great violence must have been used.
Prisoner's Defence. I had no clothes to get a situation with, and they called me all manner of names; Mrs. Flynn nut her hand on my neck, and pulled me down; I had a knife in my hand' at the time, but I cannot say whether I hit her or not.
GUILTY. on 2nd Count. Aged 27.— Confined Twelve Months.
Before Mr. Common Serjeant.
MR. WOOLLETT conducted the Prosecution.
WILLIAM SAMUEL HILL . I am a glass-cutter, and live at 27, Green-street, St. George's, in the Borough. I lived with the prisoner eight or nine months, and left her more' than three months ago—on 26th April, about 3 o'clock in the morning, I had just come out of a public-house, near the Surrey Theatre, when the prisoner came up to me, and was prevented from striking me by a policeman; and knowing I had once lived with her, he said I had better see her home, and her companion came with us—I went to her lodgings, and directly we got in-doors the prisoner snatched up a knife, and her companion, being a powerful woman, prevented her using it—she then said she wanted to say something particular to me, and her companion went away—she pretended there should be no more words; and as soon as her companion had gone she fastened the door, took a fork, and inflicted several wounds on my face—she then got a knife, and cut me on both cheeks, and I had several blows and cuts, and lost a good deal of my hair in the scuffle—I had done nothing to provoke her—she was in liquor.
JURY. Q. Were you sober? A. Yes; we had only had three pots of half and half between four of us all the evening.
Prisoner. Q. Was I not coming out of Harris's public-house? A. You were thrown out before I came, on account of your violent character—I did
not drag you home by the hand; I led you by the hand, and had my left hand under your arm, merely to support you—I did not throw myself upon your bed, and ask you if you were coming to bed, and you did not say, "No;" and I did not say, if you did not come to bed to me I would mark you—I have not brought you here because you will not walk the streets to keep me—I always kept you respectable—I never knocked you down and kicked you—I did strike you once, some weeks previously, when you came into a coffee-shop, and scratched my face—I have not been a regular brute to you.
GEORGE ROBINS . (policeman, M 36). On this morning, between 3 and 4 o'clock, I heard the prosecutor call out, "Police!"—I went to the house, found him outside the door, and he said he had been stabbed with a knife and fork—I took hold of the woman, and he went to the cupboard and took out a knife and fork and gave it me—his face was all over blood—he was not intoxicated, the prisoner was—she knew what she was talking about when she got to the station—she had received no injury.
Prisoner's Defence. He dragged me on the bed, and asked me if I was not coming to bed; I said I should not go to bed to him, and I got some bread and meat; he asked me if I had not got any money for him; I said I had none for him, if I had any I had sense with it, he got out of bed and began striking me, and I struck him, and the knife struck in his cheek, and he called, "Police!"
GUILTY of unlawfully wounding. Aged 26.— Confined Four Months.
MR. LILLEY conducted the Prosecution.
GEORGE REVEL . I am a musician, and reside at 6, Liverpool-terrace, Walworth. On the morning of 12th May, about a quarter to 4 o'clock, I was returning home down the Walworth-road, and when I came within about ten yards of Mr. Williams's shop, in York-place, I saw a party come out of the shop, with his feet foremost, from the bottom end of the shutters—as soon as he got on his feet, he started off running for about twenty yards—Immediately followed him, ran also, and kept him in sight, with the exception of turning the corners—he turned down East-lane—I did not lose sight of him half a second—I followed him into East-lane; he turned down a street, and I followed him till I saw a policeman, and told him—I do not know the name of the street where that was—he turned three corners before I saw the policeman—there were no persons about—the constable secured him, and we all went back to the shop—the shutter was down on the pavement—it was broad daylight—I swear the prisoner is the man who came from under the shutter.
Cross-examined by MR. METCALFE. Q. Are you aware the shutters of this shop have been blown down on a previous occasion? A. I have been told they have—after they had been put up on this occasion, I touched them with my stick with the least possible touch, and they tumbled down—after the shutters are removed there is an open front—when the shutters fell, they stood on the pavement, and rested against the window—I cannot say the exact situation of the shutter when the prisoner came from under it—a slim person like the prisoner might get under the shutter to the shopboard, but I could not do it.
MR. LILLEY. Q. Did they require a blow before they came down? A. Yes; I saw the prisoner come out with his feet foremost; the shutters apparently came out with him.
COURT. Q. Were the shutters close to the shop, like abutters in general are? A. As butchers' shops usually are, with a bar outside—to the best of my knowledge, the shutter came out as the prisoner came out—when the shutter rested on the pavement, the bottom was about a yard and a half from the front of the shop—the window is not more than two yards deep.
HENRY MEEKING (policeman, P 107). On 12th May, about 4 o'clock in the morning, I was on duty in Trafalgar-street, Walworth, and saw Mr. Revel, who called my attention to the prisoner—I took him into custody, and took him to Mr. Williams's shop—the shutters were then in their places—a piece of beef of 17 lbs. was shown me—I have known the prisoner by sight-two or three years ago he was then in the service of Mr. Head, a butcher, at Walworth—he denied having been at the shop.
Cross-examined. Q. Have you ever heard anything against his character? A. No; I know that a great number of witnesses were here to give him a character, but are now gone—I saw the shutters tumble down when we went back.
MR. LILLEY. Q. What sort of a blow was requisite to knock them down? A. A pretty stiff blow; they fell immediately—it seemed a particular way of striking them that made them fall.
FREDERICK HULSEY . I am apprentice to Mr. Williams, of 5, York-place, Walworth; it is his dwelling-house, and in the parish of St. Mary, Newington. About 4 o'clock on the morning of 12th May I was called up, and found two of the shutters out of their places; one hung on the rail, and the other stood before the other shutters—they were put back in their places—I am in the habit of putting up the shutters—they were not, in my opinion, in such a position as to have been brought there by a tap from outside; they appeared as if some one had put their band at the bottom and pulled them out—I had fastened the shutters myself the night before—there was a piece of beef at the back of the shop when I went to bed, and in the morning that was lying on the block in front of the window—it had been removed about five yards.
Cross-examined. Q. Were you the last up? A. No; I cannot say who was—I left the shop about 10 o'clock—the shutters have been blown down twice—I was the last person who had anything to do with the beef—I fastened the shutters in the usual manner.
NOT GUILTY .
ADJOURNED TO MONDAY, JUNE 14TH, 1852.