CENTRAL CRIMINAL COURT.
HUNTER, MAYOR. EIGHTH 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, June 14th, 1852.
PRESENT—The Right Hon. the LORD MAYOR; Sir GEORGE CARROLL, Knt., Ald.; Mr. RECORDER; Mr. Ald. CHALLIS; Sir ROBERT WALTER CARDEN, Knt., Ald.; Mr. Ald. WIRE; and Mr. Ald. CARTER.
Before Mr. Recorder and the First Jury.
MR. PARRY for the Prosecution offered no evidence.
NOT GUILTY .
MESSRS. PARRY and METCALFE conducted the Prosecution.
WILLIAM HENRY LORDING . I am a clerk in the Record and Writ Clerks' Office. I produce a bill filed in the suit of Way and Burns, and the answer of Mr. Jabez Burns in that suit—the oath was administered to the defendant before Mr. Frederick Bedwell, one of the clerks of Record, and I believe by me—(The defendant here stated that the oath was administered to him.) The bill and answer was put in; the ninth interrogatory and answer were read in full; the answer was to the effect that, as far as he (the defendant) had reason to know, or believe, a certain deed executed by one Thomas Gwenap (and hereafter referred to), was intended to take effect, and be acted upon immediately from the making thereof, although there was no intention on his (the defendant's) part to enforce it, the testator having been a great benefactor to the chapel during his life; but that there was no arrangement, or understanding, that the deed should not be acted upon until the testator's death.)
JAMES WYATT . I find my name to this deed (looking at it)—I attested the signatures of John Eales, John King, Mr. Gwenap, and another—(this deed was dated 26th Jan. 1839, and bequeathed sums amounting to 95l., on trust, for the benefit of Enon Chapel; 40l. of which was to be paid to the minister, in the event of his ordinary income not amounting to 150l. per annum.
Cross-examined by MR. BALLANTINE. Q. You know nothing except the mere execution of the deed? A. I witnessed it, and some conversation took place—Mr. King, the attorney, was one of the parties to the conversation;
he is dead—all I know of Mr. Gwenap's state of health is, that he was able to come to Mr. King's to execute the deed—there was another gentleman present—I heard Mr. King explain to Mr. Gwenap that if he died within twelve months, the deed would be invalid, or words to that effect; and as the deed was drawn out, the sooner it was executed the better; and that it would not come into force until after his death, that nothing would be derivable from it till after his death; it was after that explanation that Mr. Gwenap executed the deed—Mr. King was acting as the attorney for Mr. Gwenap, I believe he was Mr. King's client in that instance; but I had not been long with Mr. King; I merely had to do with collecting the rents—I do not know who gave instructions for the execution of the deed—I do not know who the prosecutor is in this case—Mr. Bishop subpoenaed me.
MR. PARRY Q. Is Mr. King an attorney? A. A conveyancer; I do not know whether he had acted for Mr. Burns before—there was another gentleman with Mr. Gwenap; I do not know who he was; it is thirteen years ago, and he was an entire stranger to me—I knew Mr. Gwenap, on account of living next door to him.
COURT. Q. I understand you Mr. Burns was not present at the execution of the deed by Gwenap? A. I do not know who was present; there was a gentleman there, but I do not think he was quite so tall—I have no reason to believe Dr. Burns was there—Miss King came into the room to witness the deed, but left immediately afterwards—she is the sister of Mr. King; I believe she is alive—Mr. Eales is dead; he was a person of independent property, living in the neighbourhood.
JAMES BERRY . I am an attorney, and am attesting witness to this deed of 18th Aug. (this was a deed appointing George East a trustee, instead of Jesse Meakins, deceased)—I saw Mr. Burns and Mr. Gwenap execute it.
GEORGE EAST . I am a clerk in the establishment of Mr. Mitchell, a bookseller, of Old Bond-street. I am a deacon of Enon Chapel, and was so in 1840 and 1841—I am the person mentioned as the trustee in the second deed—I was appointed trustee in 1843, in the place of Jesse Meakins, who died—the defendant was my co-trustee—on 29th Dec, 1847, I went to Mr. Gwenap's house, and met Dr. Burns there—I did not go with him—this document (produced) bears my signature to it, and this is Dr. Burns's signature, I believe—I do not know whose writing the body of it is—(this being read was a declaration, dated 29th Dec., 1847, by Jabez Burns and George East, as trustees of the deed; that they were fully aware that Mr. Gwenap had executed the same to meet legal difficulties, but designing that the annuities should not be paid till after his death, as during his life he contributed largely to the charities of the chapel)—I find Mr. Gwenap's writing on the back of it—I do not remember who gave it to me to sign, or the particular circumstances which transpired on that occasion; in fact, I had really forgotten the existence of the document.
Cross-examined. Q. How long have you been a member of the congregation? and how long have you known Dr. Burns? A. About thirteen years; I have been a deacon about eleven years; we are General Baptists—Dr. Burns has never derived a single farthing from this deed—he has borne the highest character; I never knew anything the reverse of it—I was a witness on this charge before Mr. Jardine, at Bow-street; Robert Bishop was the prosecutor; he appeared as a witness, and was examined on oath—I was examined, and so was Miss Gwenap, and Mrs. Bishop—immediately after Mr. Bishop was examined, Mr. Jardine dismissed the case, without calling on the defendant for any answer—I have received no notice of being concerned in the
Chancery suit—I have not been called on to make any affidavit—when this affidavit was made by Dr. Burns, I did not recollect the existence of this document; I did not remember having signed it, till two days before the case came on before Mr. Jardine, when I was reminded of it by Dr. Burns—I do not remember who brought me that document to sign; I do not believe it to have been Bishop—the first I saw of it was, I think, at the meeting at which it was signed; Bishop was present when I signed it—I do not know his writing; I did not see him do anything to it; I do not know in whose writing the date is—I believe it was signed in consequence of a representation made by Mr. Bishop to Mr. Gwenap, that there was some probability of the society's being called upon for the arrears of the annuity—I was present and heard that at the meeting, in the presence of Bishop, but I cannot say I heard Bishop say so—I heard Bishop examined at the Police-court before Mr. Jardine—I do not remember the purport of his examination—I saw him here to-day, coming into Court—I have not seen him behind Mr. Parry during this case—he came to me and subpoenaed me himself—I had no conversation of any consequence with him then, but I met him in the Strand, and he then did enter into the matter—I went to his house, but he was not at home; Miss Gwenap was there, and Mrs. Bishop; they produced a paper to me—I knew the deceased (Mr. Gwenap) very well; he was ailing very seriously, but was a man of strong intellect; he was a great benefactor to the church and to the charities connected with the chapel—I should say, on the average, that he paid more during his lifetime to the charities of the chapel, than the amount that would have been received on the annuity; I have the means of knowing that of my own knowledge—I knew him very slightly, if at all, previous to the execution of the original deed; he was not a constant attendant at Enon Chapel, being in very ill health; but he was very much interested in its proceedings, and was constantly seeing Dr. Burns.
MR. PARRY. Q. The charge was first made against Dr. Burns in April, this year, was it not? A. I believe it was—I do not know of his writing any letters to Miss Gwenap, who was a witness against him—he did not consult me about them—I believe Mr. Bishop is the husband of Miss Gwenap's sister—they are daughters of Mr. Gwenap, and were interested in the disposition of his property—it was about 1843 that I first heard of the deed of 1839; it was read over to me at the period of my becoming trustee—I was not trustee till 1843—I am not aware of any secret understanding between Mr. Gwenap, myself, and Mr. Bishop, that the annuity on that deed should not be paid untill after Gwenap's death—I never heard of the existence of any understanding of that kind whatever—I have no doubt I read the document over before I signed it—I know the terms of it; I have read them lately—I believe it was Mr. Gwenap's design that that should not come into effect till after his death, but I think there is a difference between that, and a positive understanding—Mr. Gwenap was almost hourly expecting his death, and he had a belief that it would come into effect in a few months—I know, of my own knowledge, that he was almost hourly expecting his death when the deed was originally executed; I have heard him state as much.
Q. The language I will call your attention to is this, "We are fully aware Mr. Thomas Gwenap bequeathed the said annuities by bond or gift in 1839, to meet a legal difficulty arising from the law of mortmain, but designing that the said annuities should not be paid till after his death;" now when you say you were fully aware of it, were you fully aware of it? A. We were made fully aware of it before signing that document—I cannot say whether that was by Mr. Burns.
Q. "And in proof of our purpose and intention, and for the satisfaction of Mr. Gwenap and his heirs, we do attach our names to this document, which we wish to be our entire discharge on all claims," &c.; at the time you signed that deed, did you know that the document was executed for the benefit of the heirs of Mr. Gwenap? A. I presumed it to be so—I first came into personal communication with Mr. Gwenap about 1841 or 1842—I believed he was nearly dying when the deed of 1839 was executed—he was nearly dying in his own estimation in 1837, although he lived eight years afterwards—he lived in constant apprehension of death—I have no recollection of any special conversation with Dr. Burns after 1847—I will not state positively I never had any—the deed of 1847 was given to the officers of the church of whom Mr. Burns was the pastor—Mr. Burns did not consult me specially before he made his answer in Chancery—I was aware that in March, 1850, a bill was filed in the Court of Chancery, to set aside this deed—I had then forgotten my signing this document—I bad not forgotten that I was a trustee under the deed—I have no recollection of any conversation with Dr. Burns about it until March, 1850—I had not bad any conversation with him after this bill was filed about setting aside the deed of annuity on the ground that there was a secret understanding—I reside at a distance from him, and had no communication with him—I was present at a meeting of the officers of the chapel on the subject—Dr. Burns was present—that was not very long prior to Mr. Gwenap's decease—I do not know when the bill was filed—the meeting was about a check—a check of this kind (produced; for 1,045l., dated June 14th, 1850) was produced—I was at that time one of the officers—I have no recollection of the annuity deed being alluded to—I have no recollection of what Dr. Burns stated, but the object of the meeting was to state that the check had been sent by Mr. Gwenap to the trustees, and in their favour, of whom I am one—I never presented the check—I do not know that Dr. Burns ever did, from what he said.
MR. BALLANTINE. Q. At the time the check was produced, was this paper, which I hand to you, produced at the same time? A. I think it was presented at the time—it is in Mr. Gwenap's writing, and this check is signed by Mr. Gwenap.
COURT. Q. You say that until two days before going before the Magistrate, you had forgotten the paper produced? A. Yes; I had forgotten having signed that particular document, but I had hot forgotten the general features of the case—my impression was that the trustees were not to enforce it during Mr. Gwenap's life, in consequence of his benefactions.
JANE GWENAP . I am the youngest daughter of the late Mr. Thomas Gwenap, who died in Nov. 1850—I was a party to this suit in Chancery, to set aside the Annuity Deed—my father was in his eighty-sixth year when he died—I know Dr. Burns very well—he is the pastor of Enon Chapel, in Little Church-street—I know his handwriting—the signature to this deed, of 1839, is his—I remember this deed being executed by my father, in 1839—the defendant knew about that deed, and had conversation with my father about it—I have heard them conversing about it—that was about the year 1839, and, afterwards, on more than one occasion, I have heard it said that the money was not to be payable till his death—my father used to say that to Dr. Burns—he may have said it more than once, but not that I remember—that was about 1839, just about the time of the execution of the deed—I was for some years superintendant of a Sunday school, connected with the chapel; and I was treasurer of late years, when my father was not able to attend to it—I never received any money for the school under that deed, from my father—to my knowledge he never paid anything to Dr. Burns, under the deed—I never
heard Dr. Burns ask for anything to be paid under that deed—I think my father had known Dr. Burns about fifteen or sixteen years—they were constantly in the habit of seeing each other for many years—my father contributed to the chapel—he has given Dr. Burns moneys for the use of the chapel, but when he was able he used to attend the chapel, and give it himself—to the best of my belief, he was a trustee of the chapel—at one time he took an active part in the chapel—I afterwards took an active part in it—I saw the probate of my father's will—it was in the house with the other deeds and papers, and they were all given up—the deed of 1839 remained in my father's hands after it was executed, for some years, until he let a sister of mine have it, a Mrs. Way, in the Isle of Wight—she is a plaintiff in the second suit—Mr. Van Sandau, who is now the attorney of Dr. Burns, acted for some time as my attorney—he was changed after the second suit—Mr. Lewis was my sister's attorney under the second suit—she filed a bill to set aside this deed—prior to the second suit Mr. Van Sandau was acting for me as well as for Dr. Burns—he acted from the beginning for the defendants as well as the plaintiffs—Dr. Burns has now about l,600l. in his hands, derived from my father's estate—he has not told me so, but I know so—my father was possessed of three or four houses, and also a valuable collection of pictures—Dr. Burns has the money; I have not got any—we have not been paid our half year's money—Dr. Burns is the executor under my father's will—Mr. Chapman was a co-executor; he resigned, and Dr. Burns is the sole acting executor—(looking at the memorandum produced) I remember the night this was signed; it was signed in the parlour of my father's house, in Grove-road, by Dr. Burns and Mr. East—I was not in the room at the time—I was in the house—I do not know any reason why I was not there—I saw it lying on the table—I know this is Dr. Burns' signature—I had heard conversation between him and my father, that this document was to be signed to protect his family from any arrears after my father's death—neither I or my sister, or any of our family, have any control whatever over my father's property—I remember my father signing this check for 1,045l. (produced) in June 1850—I distinctly recollect the circumstances under which it was signed—Dr. Burns was dining with us, and he said to my father that after dinner he should want him to give him a check for the amount of arrears on the deed, and my father said, "I suppose you have been taking advice?"—Dr. Burns said he had, and after dinner Dr. Burns dictated the check to my father, and he wrote it as he was told, cutting it out of the further end of the check book, the last leaf—it was arranged between Dr. Burns and my father, that this check was to be presented at a meeting at the chapel in the evening, and it was to be returned, as it was a mere matter of form to secure himself and Mr. East the co-trustee from any claims that any one might make on them, for the various charities in the deed—he did return the check in the evening, and when it was brought back, I asked my father, in the presence of Dr. Burns, what I should do with it, and I also asked Dr. Burns what I should do with it, and he told me I might keep it or destroy it—my father said I might destroy it, it was of no consequence—I did not do so, as it had my father's handwriting on it, I preserved it in a little box, and put it in a drawer with some other papers—I do not remember anything passing about the date of the check—when Dr. Burns asked my father to give him the check, my father said he was never poorer in his life, and if it went to his bankers there would not be money enough to pay it, nor if he took all the money there was in the house besides—after my father's death Dr. Burns asked me what I had done with check, if I had destroyed it—I said "You told me I might destroy it"—he said, "Have you destroyed it?"—I said no, I
had kept it—he asked me to give it him, which I did—that was not long after my father's death—I heard that my sister was about filing the second bill—I had no conversation with Dr. Burns about it—he told me at one time that he thought the deed would not be maintained—I have ceased to be a member of Enon Chapel—I sent in my resignation to Mr. East on 5th April last—I found this memorandum of 1847 shortly after my father's death—I had seen it previously, when he put it into a little French table, and there I found it—I knew where it was—Mr. Van Sandau was my attorney during the time I had it in my possession—I handed it to my sister, Mrs. Bishop, in March last, at her request—I have seen Mr. Burns since I resigned as a member of his congregation, but have had no personal communication with him—I have had letters—I had been a member of the chapel between fifteen and sixteen years—I received these two letters from him—(letters read—"To Miss Gwenap, 29th April, 1852. Dr. Burns begs to inform Miss Gwenap that her letter to him of this morning is entirely unsatisfactory; and therefore, as he has to appear before the City Magistrate at the Guildhall Court against Robert Bishop to-morrow at 12 o'clock, and intends at the same time to take out a summons or warrant against Miss Gwenap, he feels it his duty to state that he will not be satisfied without a further letter, in which she will solemnly pledge herself to cease her malicious defamations against his character, and her deep regret that she has again assailed the reputation of Miss----. He wishes her to know that Mr. Underwood is privy to this, and went with him to the solicitor yesterday. Dr. Burns will not assuredly take any measures beyond this note to avert the just punishment which a trial before the Criminal Court of the Old Bailey must award. He has already called Mrs. Best's attention to the fact, that he will be compelled to call her as his chief evidence in reference to Miss Gwenap's guilt, for conspiracy and defamation, and which is still more fully ratified by her letters in Dr. Burns' possession. Dr. Burns deeply regrets that he cannot secure or retain a Christian reputation on other terms; if he were a private person, he might be indifferent to such slanders, but as a Christian minister he cannot and will not allow the friends of religion to be surprised at the evil reports Miss Gwenap has circulated. Dr. Burns begs to say that he knows of no greater or more atrocious crime than to slander a spotless person, who for weeks, with a few exceptions, has been confined to a sick room; and that Miss----was thus confined in her brother's house in Rochester, where Miss Gwenap states she was in constant company with Dr. Burns. As Dr. Burns will leave his study for the City at 10 to-morrow morning, Friday, 30th, Miss Gwenap will take such steps as she deems best." The following paper was enclosed in the letter: "The points upon which Dr. Burns requests Miss Gwenap's solemn and truthful declaration are the following: 1st. That Dr. Burns never did influence her father in regard to the bequests to the chapel; 2nd. That Dr. Burns never did induce him to leave Miss Gwenap less, that he might give the more to the chapel; 3rd. That Dr. Burns never did conspire or arrange with her father to evade the law, or to deprive the family of his property to advantage the chapel; 4th. That Miss Gwenap deeply regrets that such reports should prevail, and will endeavour to correct them; 5th. That Miss Gwenap will never again assail the Christian reputation of Dr. Burns; 6th. That Miss Gwenap deeply regrets having circulated the report concerning Miss----, and will never speak to the disparagement of that person again." "May 7th, 1852. Dr. Burns begs to inform Miss Gwenap that he has been waiting for a reply to his last communication, and would not have sent this note till the affair of Bishop had been settled; but as Mr. Jardine, of Bow-street, has this day held Bishop to bail to appear next Friday, it is not Dr. Burns' intention to wait
till then, and therefore he begs to apprise you that unless you apologise for the untrue and defamatory statements you have made, and—have made, and engage to abstain from such a course in future, he must demand that justice from a legal tribunal which you refuse to give.")—my father died in June, 1850—at the time the check was dictated to him by Dr. Burns in Nov. he was very feeble, and in very poor health.
Cross-examined by MR. BALLANTINE. Q. Who is your attorney now? A. Mr. Alfred Mayhew, of Carey-street, not Mr. Lewis, or Mr. Bickley—Mr. Lewis is the solicitor of my sister in the Isle of Wight—I have heard of Mr. Bickley, I do not know him—I believe Mr. Bishop is prosecuting this indictment—I do not know whether he is going to be a witness to day—I have had very little or nothing to do with Mr. Bishop in it—I have nothing to do with Mr. Bishop—I understood I was to be a witness—this memorandum was in my possession at the time the Chancery suits were instituted—I never produced it or referred to it—I knew that I had it—I believed it had to do with the family, and was only to be brought forward in case there was an application for arrears—I believe the suit was instituted with a view of ascertaining from the Court of Chancery whether the deed was a good one or not—the first suit was a friendly suit—the Mrs. Best referred to in the letter is an old servant, a widow, that lived with my father—I did not instruct her to write anonymous letters—she wrote a letter—I was acquainted with it—she did not write it by my instruction—she is old enough to know what she is doing—she wrote a letter at her own wish—it was not at my dictation—she is living—I did not tell her what to write—I have not written about these matters—I have not written to Dr. Burns—I have not answered those letters—I have written a good many letters to Dr. Burns—I have never written to Mr. Colquhoun—(looking at a letter) this is my writing—this was in reference to the letter that Mrs. Best wrote—I wrote to Mr. Colquhoun in reference to the letter Mrs. Best wrote—I did not instruct or countenance her in writing in a false name—I knew she had written in a false name on that occasion, but I never instructed her—she told me about the letter—I do not think it has anything to do with this subject—I heard from Mrs. Best that she had written a letter in a false name—that was before she sent it—I suppose it was sent—I did not instruct her to write to Mr. Colquhoun, saying that a sister of his had been in the habit of spending most of her time at the house of the Rev. Dr. Burns, the minister of a chapel in New Church-street, and that strange doings had been known to take place—she indicted the letter herself—to the best of my belief, I received Dr. Burns' letters after the dismissal of the case before Mr. Jardine—I was before Mr. Jardine on 6th April—I received the letters before this indictment was preferred.
MR. PARRY. Q. Were you by Dr. Burns expelled from this chapel after you sent in your resignation? A. Yes; I was labouring under feelings of considerable excitement in consequence of that, and felt it very much—they would not accept my resignation, but expelled me, and my books and things were sent to me by the pew-opener—my box in the chapel was broken open—I had been a member of the congregation sixteen years—Dr. Burns was constantly in the habit of taking meals at my father's house, and in my society for many years.
SIDNEY ALFRED LINDEMAN . I am a clerk at Messrs. Drummonds. The late Mr. Gwenap banked there; I kept the books through which his account passed—I produce the ledger in which his account for 1850 was kept—on 13th and 14th June the balance of his account was 175l. 5s. 3d.—he had not overdrawn his account for the five years previous—if a check for 1,045l.
had been presented, it would be contrary to the practice of the bank to honour it—money has been paid to his account, but I do not know whether it was by tenants for rent.
Cross-examined. Q. Money has been paid in by one or two other parties? A. Yes; an overdrawn check might be paid by mistake—as far as my experience goes, an overdrawn check would not have been paid, even if the party had had an account a great many years, if he had never overdrawn before; and if it was an amount corresponding with hie general balance, without previous advice on the subject—if he had overdrawn to the amount of 50l. or 60l. it is possible it would have been paid, and he would have been written to, to say it was irregular.
MR. METCALFE. Q. For the last five years what had been his largest balance? A. I have not examined closely, but his balance I think was seldom above 500l. for the live years previous—if a check for 900l. had come in, I do not think it would have been honoured.
(A great number of witnesses deposed to the defendant's good character.)
NOT GUILTY .
NEW COURT.—Monday, June 14th, 1852.
PRESENT.—Mr. COMMON SERJEANT; Mr. Ald. CHALLIS; Mr. Ald.
FINNIS; Mr. Ald. WIRE.
Before Mr. Common Serjeant, and the Fifth Jury.
GUILTY . Aged 27.— Confined Eight Months.
GUILTY . Aged 76.— Confined Twelve Months.
HENRY HILL . I live at Uxbridge, and am a currier. The prisoner was in my service about two months—on the Monday before she left, I saw the handle of a spoon—it is here, it is mine—when I saw it, I found that I had lost a spoon—the rest of the spoon is here—it matches the handle.
Prisoner. Q. Have you sworn to that? A. Yes; there is a small dot on it, and the other spoons have the same—I lost a spoon with a dot on it.
ANN PHILLIPS . I am eleven years old, I live at Uxbridge with my father and mother. On 10th May the prisoner gave me the handle of a spoon—she told me she found it against Mr. Aaron's, and she told me to sell it, and if they asked me whose it was, to say it was my mother's—I took it to Mr. Byworth's to sell; he did not buy it, he kept it—I told him it was my mother's, as the prisoner had told me to say—I told him afterwards that the prisoner had given it me, and told me to say it was my mother's.
Prisoner. Q. Where did I tell you to sell it? A. Anywhere.
THOMAS JOHN BYWORTH . I am a watchmaker, at Uxbridge. On 10th May, between 12 and 1 o'clock, the last witness came to my shop, and brought this part of a spoon—I kept it, and told her to fetch her mother—I afterwards gave it to the policeman, when she told me it was not her mother's.
Prisoner. Q. Can you swear to me? A. I think there is no doubt ahout it—I will swear she was in my shop a few days before—I have every reason to believe she is the person who brought the spoon, but I cannot say positively.
Prisoner's Defence. I left him on the 30th of April, because bit wife wished me to sleep in a pair of damp sheets; I went and asked my master to pay me, and he would not; I went on Friday after my box, and my mistress would not let me have it; on the Saturday my mother and I went for my box, and they searched it and found nothing.
(The prisoner received a good character.)
NOT GUILTY .
CHARLES HENRY BOWRY . I am an oil and colourman. I buy goods of Mr. Barnes, in Fenchurch-street—I know the prisoner, I have seen him at Mr. Barnes's—on 8th April the prisoner brought me fifty thousand percussion cape from Mr. Barnes, be brought a bill—the nett amount was 4l. 3s. 4d.; I paid him—he wrote a receipt on the bill in my presence—I paid him the money for Mr. Frederick Barnes—I am sure the prisoner is the person.
WILLIAM GREENWOOD . I am foreman and warehouseman to Mr. Frederick Barnes. The prisoner was in his employ—it was his duty to receive money, which he was to pay to me, or to Mr. Pain, the clerk—he has never paid me this 4l. 3s. 4d.—he ought to have paid it the day he received it—he did not account to me for it in any way—in consequence of information, I called the prisoner forward, and told him Mr. Bowry had paid him the money for the percussion caps, and he had not paid it in—he said it was true—I said, "Do you mean to say you have kept the money?"—he said, "Yes"—I took him to Mr. Barnes, he told me to give him into custody—this was on 24th of May; he had received the money on the 7th or 8th of April.
Prisoner's Defence. I went to Mr. Barnes, he asked me if I had taken the money; I said, "Yes;" and if he had given me a week I would have paid it him, but be would not, and gave me in charge.
GUILTY . Aged 37.— Confined Three Months.
GUILTY . Aged 25.— Confined Twelve Months.
GUILTY . Aged 31.— Confined Twelve Months.
GUILTY . Aged 21.— Transported for Seven Years.
GUILTY . Aged 21.— Transported for Seven Years.
RICHARD LAWRENCE . On 27th May, I was on Tower-hill, about 1 o'clock in the day; 1 was looking at something that was going forward—I felt a tug at my pocket—I turned round, and saw the prisoner with my handkerchief in his hand—I went to lay hold of him—he slipped out of my hand, and ran away with the handkerchief—I ran after him and caught him, and took the handkerchief from him—I gave him and the handkerchief to the officer—I am sure it is mine—I had used it 10 minutes before.
Prisoner's Defence. I was standing on Tower-hill, and the handkerchief fell between me and another man; I went to take it up, and he took hold of me; I walked across the road, he came after me and took me; I was never in prison in my life.
GUILTY . Aged 20.— Confined Four Months.
FRANCIS LIVERMORE (City policeman, 631). On 8th June, about a quarter past 9 o'clock in the morning, I was on duty in Duke-street, Aldgate—I saw the prisoner coming in a direction from Mr. Mills'—I knew him before—he was carrying something under a large blue pilot coat, which he had on—I followed him to Duke's-place, from there to St. Mary Axe, and then to Camomile-street—I asked him what he had got—he said he had got nothing—I undid his coat, and found this coat in front of him—I asked how he came by it—he said if I would go back, he would take me to the shop where he bought it—we were close to the station, and I said we would go there first—he then said he bought it of a man in the lane for 185.—I asked if he knew the man—he said, "No"—he said he was hawking them about the lane, and he had them on his arm.
Cross-examined by MR. SLEIGH. Q. Was it carried so that no man looking at him could avoid seeing that he had a bundle? A. If I had not known him, I should not have noticed it—this coat was not forming a large bulk, it was carried in front of him—I am sure he did not say, "It is my own"—he said, "Nothing"—he then said he bought it at a shop—when I took him into the station he said he bought it of a man in the lane—he did not say he had been in a shop, but he bought it from a man, and gave him 18s. for it—he did not say any such thing—he said he would take me to the shop where he bought it.
ROBERT AGARS . I am manager to Mr. Thomas Mills; he is a tailor and outfitter. I know this coat to be his—I know it by a tear in the collar—I had seen it safe about 8 o'clock in the evening on 7th June in the show room—I saw the prisoner next morning about 9, he came to buy a coat—I showed him some in the show room—he tried on several, and did not buy any—he said they were too expensive—I told him we should have some more that would suit him—he had a large blue pilot coat on, which he took off when he tried on the other coats, and laid it on the counter—after he had tried on the coats, he put his own coat on again—I came out of the show room first, and he followed me—I followed him to the door, and saw that he turned down Duke-street—I had not sold him this coat, or any other—there
was no one in the show room but him and me—this coat had been on the top of a pile of coats the night before—I believe he laid his great coat on the top of that pile.
Cross-examined. Q. How do you know this coat? A. It is unsewn in the edge of the collar, about an inch and a half has come out of the sewing—I think I could swear to the coat—we mark all our coats—there was a mark sewn on the flap of this, which has been torn off—I believe it was sewn with white thread—I know the cut of this coat—it is one of the new fashioned paletots—I do not think you would find 500,000 such in London.
GUILTY .* Aged 21.— Confined Eight Months.
MR. LILLEY conducted the Prosecution.
CAROLINE SANDERSON . I am bar maid at the Half Moon, in West Smithfield—my brother in law keeps it. On Friday, night, 14th May, about 7 o'clock, the prisoner and another man came to the house together—they had half a quartern of gin, and they waited some time, and then the other man had half a quartern of brandy, and they had two pick wick cigars—I asked for payment, and the prisoner's companion gave me a sovereign—I gave him change—the prisoner said, "Don't change, I will pay," and he asked me to return the sovereign; which I returned to his companion—I put it on the counter, and took the change back—the prisoner's companion insisted on paying himself, and he asked me to give him the change—I took up a sovereign, and gave the change back—the prisoner's companion put the second sovereign on the counter—that was not the sovereign I took at first—the servant in the bar parlour gave me some information, and I went to the drawer and looked at the second sovereign, which I had received—I did not look at it when I took it up from the counter, supposing it was the same I had taken before—I found the sovereign was bad—the prisoner was then in the bar, his companion was gone—I went to the prisoner, who was standing near the door, and asked him where bis companion was—he said, "What is the matter?"—I had the bad sovereign in my hand, and I said, "He has given me a bad sovereign"—the prisoner took it out of my hand and said, "I will find him"—he went out—my brother in law went out and brought him back, in about five minutes afterwards, and he was given in custody.
COURT. Q. You put that sovereign that you took up from the counter in the drawer; was there any other sovereign in the drawer? A. Not any.
ELLEN CROW . I am servant at the Half Moon, in West Smithfield. On 14th May, the prisoner came there with another person—they drank half a quartern of gin between them, and then the prisoner's companion asked for half a quartern of brandy, and they drank that between them—they asked me to give them a cup of tea, which I did—I saw the prisoner's companion offer a sovereign, in payment—the prisoner said, "Don't you change, I will pay for it"—Miss Sanderson gave the companion the sovereign back, on the counter—he took up the good sovereign, and dropped another out of the lower part of his hand, while I gave him the tea—I had put it on the counter—I saw Miss Sanderson take up that other sovereign, and put it into the till—I told her to look at it, which she did—she came out of the bar, and tapped the prisoner on the shoulder, and said, "Where is your companion?"—he said, "What is the matter?"
Cross-examined by MR. SLEIGH. Q. Was there any person in front of the bar but the prisoner and his companion? A. There was a man against the door, who I think was smoking—there was no one else but me and the bar
maid, and a little child—I had seen the prisoner before—he and his companion, used to come to an eating house, where I did live—I have seen them come there together, and have something to eat, and they have stood at the window to speak to one another, before they came in—I do not know that the prisoner works in that neighbourhood—I have seen him come to the eating house, to have something to eat, when the other man was not there, and the other has been there when the prisoner was not, and they used to meet there—when Miss Sanderson looked at the sovereign, the prisoner was in the bar, but I did not let him hear what I said to her—I called her into the bar parlour—she then came out, and said to the prisoner, "Where is your companion?" and spoke about a bad sovereign—the prisoner took the sovereign from her—he did not seem much astonished—he said, "I will go and find him."
MR. LILLEY. Q. How many times have you seen the prisoner and his companion together? A. About six or seven times.
MARTIN FREDERICK GEDGE . I am landlord of the Half-Moon: Miss Sanderson is my sister in law. On Friday evening, 14th May, I was up stairs, and was called down—I saw the prisoner standing by the door—my sister in law was outside, looking for the other man—she told me something—the prisoner heard her say she had taken a bad sovereign—he went away directly, and walked very fast—I got up to him, got hold of his collar, and said, "You are my prisoner!"—he said, "What for?"—I said, "For stealing a sovereign from my sister in law"—I brought him back, and gave him in charge.
GEORGE BATSON (City-policeman, 277). I was called by Mr. Gedge—I found the prisoner standing in front of the bar; he was given into my custody on a charge of stealing a sovereign—I took him to the station—I found on him a thin sixpence and a half crown.
MR. SLEIGH to CAROLINE SANDERSON. Q. It was not the prisoner, but the other man who handed you a sovereign, to whom you gave change, to whom you returned the sovereign, and who gave you a sovereign back? A. Yes; there was another person there, standing close to the bar, when they first came in—the prisoner and his companion came to the bar, and were standing close by the small skittle board—the other person went to the door, and he was standing there when the changing of the sovereign took place—he was there and heard what I said, as far as I know, about the changing the sovereign—the prisoner's companion went out directly I had given him the change and the cigar—he was away before I discovered that the sovereign was bad—I did not see that the prisoner's hand bad anything to do with the sovereign, or the change—the prisoner and the other man had both been in there two days before—when my brother in law came, and the prisoner was brought back, my brother in law said, "Where is the sovereign?" and in my confusion I went a little way behind the counter to look for it, and then I recollected that the prisoner had taken it out of my hand.
MR. LILLEY. Q. Did he take it away with him? A. Yes, he did; the third man had nothing to do with them—he was in long before they came, and he did not go out at the same time.
(MR. SLEIGH requested the Court to allow the Prisoner to address the Jury.)
Prisoner's Defence. I am placed in a peculiar situation; I have not been in London for the last twelve months, only four days previous to being taken; I unfortunately met the man named before you, and went into the public house to have a glass of liquor; not having seen him for a period of twelve months, we played a game at the toy skittles; be gave a sovereign, and I
said I would pay; he took the change, and went out of the house; I waited and took the paper to look at; I did not attempt to move till the good lady came and tapped me on the shoulder, and said, "Where is your friend?" in an agitated manner; I said, "What is the matter?" she said, "Your friend has given me a bad sovereign;" I said, "I am very sorry, allow me to look at it; "I took it and looked at it, and another man looked at it; the lady ran out of the house, and she came in again and said, "Surely you know this man?" I said, "Yes; I will endeavour to find him;" this bad sovereign, or whatever piece it was, I have never seen since; I left with the intention of looking after this person, whom I thought responsible; I looked after him with a good intent, and the gentleman tapped me on the shoulder, and said, "You gave my sister in law a bad sovereign;" I said, "I have done nothing of the kind;" he said, "Will you come back?" I said, "Yes;" I went, and he said, "Is this the man?" she said, "No;" he said, "Where is the sovereign?" she went round to look for it, and she turned back, and said, "I forgot; he took it;" and he gave me into custody for passing a bad sovereign; I was taken to the station, and stripped, and searched; I had nothing on me but good coin; I have not had lime, or my employer would have been here.
(MR. SLEIGH then addressed the Jury for the prisoner.)
GUILTY .* Aged 28.— Confined Six Months.
OLD COURT.—Tuesday, June 15th, 1852.
PRESENT—Sir GEORGE CARROLL, Knt., Ald.; Sir JAMES DUKE, Bart., Ald.; Mr. RECORDER; Mr. Ald. WIRE, and Mr. Ald. CARTER.
Before Mr. Recordert and the Second Jury.
GUILTY . Aged 24.— Confined Four Months.
MESSRS. BALLANTINE and HOLL conducted the Prosecution.
ANDREW VAN SANDAU . I am a partner in the firm of Van Sandau and Cumming, and have been an attorney in practice upwards of thirty years. I was called on to act as attorney for Mr. Jabez Burns, shortly after the death of Mr. Gwenap—I was first introduced to him in the matter of the will of Mr. Gwenap—I had previously been Mr. Gwenap's attorney—I was also the attorney and friend of Mr. John Chapman, who was appointed co-executor with Dr. Hums—immediately after the testator's death Mr. Chapman put the will into my hands, I have the probate of it here (produced)—the attesting witnesses to it were Miss Hanuah King, and James Wyatt.
MR. VAN SANDAU Continued. This deed grants an annuity of 95l. a year for certain charitable purposes; it is granted by the testator, Mr. Gwenap, to Dr. Burns and Robert Jesse Meakin, and is dated 26th Jan. 1839—Mr. Meakin was superseded by another trustee—I had spoken to Bishop about the deed before I saw Dr. Burns.
MR. PARRY. Q. Were you not acting as attorney for Mr. and Mrs. Bishop? A. Not at that time; I did not become their attorney till about the
period, or immediately after the suit was instituted of Gwenap and Burns, that was some time in Jan. 1851—I appeared in that suit for Mr. and Mrs. Bishop some time in Jan. 1851—at the time I had that communication with Bishop, it was not in relation to the suit which was afterwards instituted; it was when it was uncertain whether it would be instituted, still in my mind there was a contemplation that a suit would be necessary; but whether I should be concerned in it I did not know—at that time I was not the attorney of Mr. Bishop; he voluntarily called on me and made communications on the subject—I did not avail myself of those communications afterwards for the purpose of the suit, not on his beha'f: the information I gained I unquestionably availed myself of in the suit—Mr. and Mrs. Bishop were defendants—Mr. Bishop did not consult me about the contemplated suit at the time be gave me the information—his wife was no doubt a daughter of the gentleman who left the property—these communications were relating to the property which afterwards came in litigation, they related to this deed—the testator died in Nov. 1850—these communications took place a very few days after his death, and continued up to the time the suit was instituted, and afterwards; but I did not consider myself retained for Mr. and Mrs. Bishop till the suit was instituted—it was instituted from the information which I received from Mr. Bishop, from the production of the documents, and my communication with Dr. Burns and Mr. Chapman—I was not acting also as attorney for Dr. Burns when Bishop first communicated to me; in the suit I was—I was acting for the plaintiffs, for Dr. Burns and some other of the defendants in the suit, but not for the Ways' or the Attorney-General—the plaintiffs were Miss Gwenap, Locke and wife, Mr. Knott, and an infant Louisa Gwenap, by her next friend—I have a retainer of Mr. Bishop's (produced—dated 11th Dec. 1850.)
(MR. PARRY objected to the witness giving in evidence the communications made to him by Bishop, they being in the nature of privileged communications; for although he was not actually engaged as his attorney at the time they were made, yet when he afterwards became so, he availed himself of the information so acquired; this was not the privilege of the attorney, but of the client, and he contended that if his evidence was admitted, the rule of law would be defeated. (See Taylor on Evidence, p. 616). MR. BALLANTINE contended that no privilege existed until the relation of client and attorney was established, and that relation not having commenced, the privilege did not exist, but he did not intend to ask the nature of Bishop's communication, only what the witness said to Bishop. The COURT was of opinion that such a question might be put.)
MR. BALLANTINE. Q. Did you communicate to Mr. Bishop anything in relation to the will or the deed? A. The will had been placed in my hands almost immediately after the death of the testator—Bishop called on me, and made certain statements to me, concerning the property of the testator—I told him that on the face of the will there were charitable bequests, which were either wholly, or partially bad, and I must look into the matter connected with the rent charge (of 1839), which was referred to in, and confirmed by the will, to ascertain whether it was valid or otherwise—I am not aware that at that time I told him on what ground I doubted its validity—I did before I became his attorney—I told him verbally, that inasmuch as the rent charge had never been paid, I considered that totally vitiated the deed, and that was I believe before I had seen Dr. Burns on the subject, or had any communication with him—I afterwards communicated with him, and then became attorney for all the parties interested in the matter, excepting the Ways, and the Attorney-General—I did not communicate with the Attorney-General, before engaging
in the suit—he was made a party to it, after it commenced—the whole context of the will was such that no executor could safely have acted under it, except under the sanction of the Court; almost every part of the will required the consideration and decision of the Court—the assent or dissent of the Attorney-General is not on the face of the record—I have a note from the Attorney-General's solicitor telling me Mr. James' opinion—the suit was instituted, and on July 15th, 1851, a decree was made, directing a reference to the Master to inquire whether any, and what proceedings should be taken, with a view to set aside the rent charge, and by whom—under that decree I carried into the Master's Office the state of facts, which I have here, on the part of the plaintiffs, alleging the rent charge to be valid on the face of it, but under the circumstances invalid; and on the part of Dr. Burns I carried in a submission, admitting the general accuracy of the plaintiffs' state of facts, that although he was not prepared to admit the invalidity of the rent charge, yet if the Attorney-General would consent, he was prepared to release, because he deprecated any proceedings to set it aside—I have the examined copies of both the hills in the two suits, and the original decree in that suit, referring it to the Master, with the Master's own endorsement on it—in consequence of a difference of opinion on the part of the Attorney-General and Mr. Rolt, who was consulted, matters were forced to go on—the answer was filed, and on the admissions in the answer the decree was made—the answer was before the reference to the Master—I was at Bow-street on 5th April—Dr. Burns was there on two charges of perjury, one in the suit of Gwenap and Burns, and the other on his answer in Way and Burns—Mr. Bishop was present, and was examined as a witness—the case was dismissed without calling on Dr. Burns—on 27th April, when leaving my office, I found this letter (produced), which is in Bishop's writing.
MR. PARRY. Q. Had you at this time ceased to be attorney for Mr. And Mrs. Bishop? A. Yes; although he had not at that time obtained the order, he had repudiated my services, and signed a request to another to act—no order of the Court of Chancery was served on me till some time in May, the order being dated 8th May—I was acting in the suit up to that time, as I had been all along—I had nothing particular to do for Bishop, but I was acting in the suit generally—it is necessary that before an attorney can be changed there must be an order—I had not at that time made efforts not to be changed, because I believed it would be more advantageous that I should represent all parties—an application was immediately afterwards made to remove me, but the Court refused the order, and dismissed the application with costs—I was not removed till 8th May, when the defendant was enabled to change his solicitor by bis own act—the plaintiffs were not—they made a special application, which was refused—(MR. PARRY submitted thai the whole of the letter was a privileged communication made by Bishop at the time he was a client of the witness. The COURT, having read the letter, considered that the relation of the parties was such as to take it out of that category. This letter, being read, was dated 26th April, 1852, and commenced, "Sir,—It is my pleasure to inform you that, since the discovery of the wilful and corrupt perjury which your client, Mr. Jabez Burns, has so recklessly and daringly committed in these suits, all your letters to the different parties have been handed to me," &c. The remainder of the letter consisted chiefly of an attack on Mr. Van Sandau for his conduct in the suit.)
MR. BALLANTINE. Q. I believe, after receiving that letter, you appeared at Guildhall? A. did, and afterwards, under your advice, at Bow-street, from where, as Mr. Bishop was not prepared to go into his own defence, the case was
postponed, at his desire, and he was held to hail to appear that day week, and to keep the peace towards Dr. Burns and myself—he appeared that day week, on the same charge made before Mr. Jardine—previous to that time the bill had been found—it had stood over at the request of Mr. Bishop, and the bill was found at the next session of the Central Criminal Court—I learned that the bill had been found for perjury on the same day that this bill was found—both cases were postponed from last Session to the present—Dr. Burns was tried yesterday for the perjury, and acquitted.
Cross-examined by MR. PARRY. Q. Where did you find that letter when you got to your office? A. On the desk, where my letters are always placed; it had been opened by my partner, not in my presence—this was an annuity deed of 95l., charged on property which was, I believe, producing between 400l. and 500l. a year then—Mrs. Bishop was entitled to an annuity of 100l. out of the rents of that and other leasehold property—Dr. Burns was one of the trustees under the deed—I should say he was the acting trustee, although hitherto he had not acted under this deed—he was the executor of the will—the value of the property under the will was sworn under 6,000l.—that was all personalty—it includes the leasehold—there was no freehold property—I cannot tell what amount of funds is in Dr. Burns's possession under that will—there may be a few hundreds, I should presume about 700l. or 800l. In money, and the rest consists of the leasehold premises and the rents—I do not believe there is 1,600l. in his possession, but I am not prepared to state the amount—there have been receipts and payments—under the will, three daughters are entitled to annuities, payable out of the rents annually—the other property is all disposed of—three of the grandchildren take an interest out of the income, and the rest was given for charitable purposes, which is in part void—the first half-year's annuity has been paid to the relations; the second has not, because the principal part of the premises are out of tenancy, and because there are not rents to pay them—with the exception of several small legacies which have been paid, the great bulk is for different charitable purposes connected with the chapel—the date of the endorsement of the will is 10th July, 1849—the residuary legatees are Dr. Burns and Mr. Chapman, who has renounced—I believe the case did not take much more than half an hour to an hour's investigating before the Alderman before it was dismissed—I believe some letters of mine, and this letter also, were read by him—to the beet of my belief, the case did not occupy an hour—Mr. Lewis was the attorney at Bow-street for Mrs. Way—the suit of Gwenap and Burns was instituted for the purpose of invalidating the deed—afterwards a second suit was instituted of Way and Burns—a decree was made in Gwenap and Burns, raising the question—that was a friendly suit, instituted by all the family, including the Ways—the deed is in course of invalidation now—Dr. Burns still remains trustee—it is still in course of litigation in the suit of Gwenap and Burns—I should state that it was not possible in either suit to declare the deed invalid—the only decree that could be made was the decree which was made referring to the Master—the probability is that the first suit would have been over already, if it had not been for the institution of the second suit—that was a hostile suit, which has been stayed by the order of the Court, on account of their own statement and Dr. Burns' statement—I mean distinctly to swear that the suit was instituted by me in the utter conviction that the deed was absolutely bad, and that this suit would necessarily invalidate it—the several answers were put in for the purpose of the administration of the suit, with a view to determine the validity of the deed—Dr. Burns deprecates the continuance of the deed—he has sought to got rid of it, and he will not seek in
any way to establish it; so much so, that I laid the case before Mr. Rolt, and sent a copy of it to the Attorney-General's solicitor, in order that Mr. Rolt might persuade Mr. James that there was no possible chance of maintaining the deed.
DR. JABEZ BURNS . I am a minister of a Baptist congregation at Enon Chapel—this is my seventeenth year—Mr. Gwenap was not a member of that congregation when I went, he became a member afterwards—I was very intimately acquainted with him—before the deed in question was executed I knew something of the purposes for which it was intended—Mr. Gwenap was in a state of very delicate health, and he intimated to me his purpose to consider the charities which he was then supporting, after his death—I saw no deed; he intimated to me that he proposed to benefit the charities; beyond that I knew none of the particulars—I did not before or at the time of the execution of the deed enter into any arrangement that it should not be carried into effect—I did not at the time of its execution know of any such intention on the part of Mr. Gwenap—I was called upon to answer a bill in the Court of Chancery—Mr. Van Sandau was Mr. Gwenap's attorney, and afterwards became mine—every word that I stated in my answer was most strictly true; I could have no motive for anything else—I have not derived a single half farthing from the proceeds of this annuity—I am never likely to derive the smallest benefit from it—in the Chancery suit, I acted as executor, and in no other capacity, and with no other view—a charge of perjury was made against me at Bow-street, which was dismissed—I had not the least notice of any bill being about to be preferred against me for the same thing—I signed this document (the memorandum)—do not know who brought it to me to sign—the purpose of the document was strictly this; myself and the other trustee of the deed knew at the time that the charities had not received the bequests, and we also presumed that we might be exposed to actions from the treasurers of the charities to pay what we had not received.—I do not know in whose writing it is—Bishop was in the room at the time it was signed—when I was called upon to make my answer I did not recollect this document—I did not speak to my co-trustee until I received a summons for perjury—I found out about this document when I waited upon Mr. Van Sandau—until he called my attention to it I recollected nothing at all about it; it had never been in my possession, and I had never seen it, it was left with the parties who would be benefited by it—I cannot exactly state what amount of funds I have now in my capacity as executor; I have surrendered accounts to the Court of Chancery very recently, I think probably 1,400l. Or 1,500l.; I am now speaking merely at random, I have that to account for to the estate.
Cross-examined. If you had recollected this document at the time you made your answer in the Court of Chancery, would it have made a difference in the answer you gave? A. It would not, with my conviction of what the answer purported—there was no arrangement at the time of the execution of this deed—there was no secret or open understanding that it should not take effect in possession—it was never agreed between me and Mr. Gwenap that I should not receive the moneys—I did not apply for them—there was never any understanding between me and the testator that these rents should not be taken—there was no understanding that the statute of mortmain should be defeated, nothing of the kind—the rent charge never was received under this deed—there is a sum of 10l. for the Home Missionary Society that is not independent of the chapel, it was to be paid into other hands by me as trustee, to the treasurer of our own cbapel; the officers of the chapel were
made acquainted with this deed—I do not think they knew of it when it was executed—I do not know when, I should say within a few years afterwards probably two or three years afterwards—I think I can give a very good reason for not mentioning it before; Mr. Gwenap was trustee of the chapel, treasurer of the chapel, and himself had to do with all the charities of the chapel—we govern on the congregational system—there are two deacons—we have frequent meetings for the purpose of the government of the chapel—I do not remember the time when I communicated the existence of the deed, but it was within two or three years—I signed the deed, I presume, when it was executed.
Q. Do you really mean to say that you did not know anything about the contents of the deed before it was executed, or how the 95l. was to be distributed? A. I have already stated that Mr. Gwenap had intimated generally his purpose respecting the charities he intended to benefit—one of them is for an increase in the salary of the minister, upon certain conditions, if it did not reach a certain sum—I have never availed myself of that, or had the necessity of doing so—I wish to get rid of this deed altogether; I have sought to do so—that has been my object—hitherto I have failed in doing so—I really do not know technically whether I have put in two answers; I believe I have—I believe I knew that I was answering a bill filed for invalidating the deed—I have always consented to the invalidation of the deed—I answered the bill; I believe that answer was read yesterday, and it distinctly admitted the ground of invalidity stated by the other party—the deed was certainly intended to be enforced originally, but afterwards not—the deed is not yet invalidated; I wish it was—I presume I was present at the execution of the will of Mr. Gwenap; I think he was then in his eighty-second year—he was eighty-six at the time of his death—if his will was executed in 1849, I am mistaken as to the date; I thought it was three or four years before his death—I forgot that, as I did that document—I had conversation with him about his will before—I was perfectly aware of his intentions respecting it—I was very intimate with him, and had been for sixteen years, since I had been pastor of this chapel—there was a transaction between him and me about a check—I did not in June, 1850, before his death in Nov., ask him to draw a check for the arrears of the annuity—I was present at the examination of Miss Gwenap yesterday, painfully so—what she stated was perfectly false—the check was drawn under the impression that the whole affair, with respect to the charities, would probably be exposed to litigation—it was drawn to protect myself and the other trustee from any consequences under the deed—it was a check intended to be presented to the officers of the church—it was presented to them, and returned to Mr. Gwenap that same evening—I think the 1,045l. represented the eleven years arrears of the annuity—I intended the officers, when they received the check, to do with it as they pleased—it had not been arranged between myself and the officers what should be done about the check—nothing had been arranged—I took the check to the trustees and officers of the church, and they returned it to Mr. Gwenap the very same evening—I do not remember that I had before that explained either to the trustees or officers anything about this check—I can certainly state on my oath, positively, that it had not been previously arranged all that was to be done—I had not mentioned anything about this check to the trustees or officers—I might have had conversation with the officers of the chapel with respect to the circumstances of the grants and the arrears; I think I did—I think it is probable—I certainly never told Mr. Gwenap when tge check was drawn, that it should not be presented, but should
be returned to him—if Miss Gwenap stated that yesterday, I say it is untrue—I really do not know whether she was present—before I took the check to the chapel, I presume no person knew that I was going to get a check from Mr. Gwenap—I had given them no information about any check, certainly—I cannot at all make oath as to whether I conversed with the officers of the church on the subject of any payment of arrears—this is the check (looking at it)—I did not dictate the check—I am not conscious that I dictated any paper to him that evening—I think Mr. Gwenap became aware that we, as trustees, were exposed to litigation—I have already stated that, and, therefore, as we had committed no error in that matter, he was anxious we should not be exposed to personal responsibility; and, therefore, this check was written and presented to the officers of the church—I did not know that it was never intended to present the check, or to make use of it in any way, to recover the testator's money from him—there can be no mistake about that—I presumed there would be no use made of it—I did not tell Mr. Gwenap so; I could not tell him that—he voluntarily gave me the check, which he wished me to present to the officers of the church—there was no understanding, or engagement, that it should be returned to bim, or that it should not be presented at his bankers'—he did not state that at that time he had not 180l. at his bankers'—I do not know that he had not; I did not know it then—I heard the bankers' clerk examined yesterday—I am not aware that the check was post dated—I do not know that Mr. Gwenap post dated it, for the purpose of protecting himself—I am not aware that I have stated that it was a post dated check.
MR. BALLANTINE. Q. Up to this time, although none of the arrears of the annuity had been paid, had Mr. Gwenap been at all a benefactor to the charities? A. Very liberal—at the time the check was presented to the officers of the chapel, this document was also received from Mr. Gwenap—it is his handwriting—he was eighty-three years old at that time—(read—"38, Grove-road, St. John's-lane; June 14th, 1850. Received from the Rev. Jabez Burns the check I had sent for 1,045l., which has been returned on the ground of the donations I have contributed, and which were considered a complete indemnity for the gift of the said bond or deed of Jan 26th, 1850. Signed, Thomas Gwenap."
JAMES BALFOUR . I am a member of this congregation, and have been so about twelve years. At the time this check was brought from Mr. Gwenap. I was one of the officers of the church, and am now—neither I nor the other officers were aware before the check was brought that it was to be brought.
Cross-examined. Q. How many other officers were there? A. I think from recollection there might have been eight or nine at least present—I recollect the circumstance of the check well—I cannot remember when I first heard of the deed—I did not hear of it before Mr. East was made trustee—I have no recollection when that was—it was about 1843—when I heard of it Mr. East was a trustee—I moved a resolution on the occasion, which was entered in the church book—this is the book—it was first entered in a rough book—I remember the sort of resolution it was—I remember that we considered it a bond fide check, and at the same time we owed Mr. Gwenap 900l., and I remember that I made the remark, that if we chose we could pay the 900l. with that check.
DR. JABEZ BURNS re-examined. I believe Mr. East was made a trustee in 1813—he was examined yesterday, also Miss Gwenap, the bankers' clerk, and the attesting witness to the deed—Mr. Bishop was not examined, which I was very sorry for—I was at Bow-street on the charge against him—I was
examined slightly, not about the deed—there was no evidence given about it—I was not examined at Guildhall.
MR. PARRY to JAMES WYATT. Q. At the time of the execution of this deed, was it explained to Mr. Gwenap before he executed it that if he died within the year it would not operate? A. It was, after that it was executed.
MR. PARRY submitted that there was no proof that the statement in the letter was false to the defendant's knowledge, although he admitted that if the word malicious were struck out, it amounted to a defamatory libel, and on the defendant's behalf he begged to retract the charge he had made against Dr. Burns. MR. BALLANTINE stated that he was not anxious to press for a verdict upon the other part of the charge, or for any punishment.
GUILTY of a defamatory libel .— To enter into his own Recognizance to appear
and receive Judgment when called upon.
MR. BALLANTINE conducted the Prosecution.
JAMES AUBER . I am clerk to Messrs. Mears, bell-founders, of White-chapel. On 27th April I received this letter (produced), in consequence of which, on the following morning, I went to 23, Old Fish-street, and saw a woman, who sent for the prisoner—he said he had an order to fit up a gentleman's mansion, in the country, with two large bells, and he likewise had a warehouse to fit up with alarums; that he wanted the things very quickly, and wanted to know when he could have them—I produced the letter to him, I believe he did not say anything about it—I told him I did not exactly know what bells Messrs. Mears had in stock; he had better come down to the foundry—I had not known him before.
Cross-examined by MR. PARRY. Q. You had known his father? A. No; I had never seen him then; I have since—I do not know that he dealt with our firm—the prisoner keeps a small shop—he is a locksmith, bellhanger, and smith—those are the persons we usually supply—I do not recollect that he said he wanted some bells suitable for a large warehouse, or as call or dinner bells, or that he wanted such bells as his father had been formerly in the habit of having; to the best of my belief, he did not—I believe his words were, that he had got an order to fit up a warehouse with alarums; not that he expected to have the order.
JOHN MEARS . I live at the foundry; I am not a member of the firm. On 27th April the prisoner came, and said he wished to look at two bells, of 2 cwt. each, for a contract he had got in the country—I told him we had not any of that size made then, but there was another small bell, which he said would do—I said we were making some, which he could have—he then said he wished for four dozen alarums for warehouse doors—he went with me up to another part of the warehouse to look out the size—he then said he had left his pocket-book, containing the order—I said it was very unfortunate—the small bell was sent to him on 29th April, by my brother's cart, and on 1st May a town carman delivered to him the second bell, and the four dozen alarums—on 14th May I went to a shop in Cow-cross, and saw two of the alarums, and the large bell, which had been delivered by the carman on 1st May—it was worth about 13l. 18s.—I have also seen the bell which went away on 29th April, at a saleroom in Leadenhall-street—I had my brother's consent before I parted with the articles—the large bell left between 3 and 4 o'clock on 1st May.
Cross-examined. Q. Did you have references? A. Our clerk had; I never knew the prisoner's father dealing with us, and never saw him—I did
not look to see whether his father dealt with my father—his father was in the same business—I do not know that the prisoner was threatened to be sued—he was applied to for the money—when we found the goods hsd been sold, my brother put the matter into the hands of a solicitor, to recover the amount—I did not agree to give three months' credit—I do not think my brother would give any credit at all.
JOHN MOSS (City policeman). I know the prisoner's writing—I believe this letter to be written by him—(read—"April 26th, 1852. Gentlemen,—Requiring two bells, about 2 cwts. each, and also four dozen of alarum bells suitable for large warehouse doors, I can give you an order for the same, on my usual terms, three months' credit, the same credit you gave my father. Perhaps you do not recollect us. I wish to know the price of the two large bells: they are for a gentleman's country mansion, and must not be less than 2 cwts. each bell: and how soon I can have the same, as I am greatly drove to execute the order in time. Awaiting your reply, I remain, your obedient, ROBERT LEE."
CHARLES MEARS . I am a bell-founder, of Whitechapel, and have one partner. I saw this letter, and gave directions to our clerk to call on Mr. Lee—I consulted him on his return, and said the goods might go, believing he wanted them for a country mansion, and that he was much drove to perform the order.
Cross-examined. Q. Did you also send your clerk to get some references? A. Yes, but we did not get them till we had supplied the goods—I gave my clerk no instructions to supply the goods on credit—I got a friend to apply to the references, and he sent me this letter (produced).
MR. PARRY to JAMES AUBER. Q. Did you go back a second time to Lee before the goods were delivered? A. No, only once; it was after the first bell was delivered that we got the references—I applied to one reference, and the other I went to three times, and Could not see.
JOHN THOMPSON . I am a machinery broker. I have got a bell at home, which was shown to Mr. Mears—it was hanging up in front of the house—the prisoner brought it to me on 1st May, in a cart, with a lot of alarums, and asked me to buy it—he said he had got a contract for a gentleman's mansion in the country, who had afterwards given up the contract, and had paid half the expense of casting it; it was of no use to him, and he wanted to dispose of it—I asked him what he wanted for it—he said 7l.—I offered him 6l.—he shut up the tailboard of the cart, and then said, "Will you give six guineas?"—I said, "Yes;" and he asked me to make it 6l. 10s., and take the two alarums, which I did—I cannot recollect what time of day it was, but I think it was about the middle of the day—the name of Mears was on the bell.
HENRY KELLY . I am a master carman. On 1st May, between 3 and 4 o'clock, I brought away a great bell from Messrs. Mears', by the prisoner's instructions—he told me to take it to Mr. Whatmore's first—he is in the same way as Mr. Thompson—the prisoner rode with me there—I do not know what was done there—I stopped with my cart, and then we went on, and the three dozen and ten alarums I took to Mr. Lee's warehouse.
Cross-examined. Q. What time was it when you got to Mr. "Whatmore's? A. About 5 o'clock in the afternoon—I saw Thompson at the shop, and saw the bell and two alarums delivered into his warehouse.
FREDERICK WILLIAM THOMAS . I am an auctioneer. I have had a great many transactions with the prisoner, and have lent him a great deal of money—I got a large bell from the prisoner's agent, between 24th April
and 1st May—I showed it to Mr. Mears, and asked him whether he would buy it.
Cross-examined. Q. Are not some bells made exactly the same size? A. It might happen so; but it is very seldom they come to exactly the same weight; I did not weigh it, the weight was marked on it.
JOHN MOSS re-examined. I took the prisoner on 17th May—he asked where I was going to take him to—I said, "To Leman-street police-station, and from there to the Thames police"—he said he was glad of it; he was not treated fairly at Guildhall, the Magistrates there were a set of snobs.
(The prisoner received a good character.)
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
JAMES MEACOCK . I am a gas-fitter, of No. 7, Snow-hill. I have seen the prisoner two or three times; he is a smith and bell-hanger—on the evening of 16th April he came to my place, and said he had got a job for a gentleman in the country, one of his customers, to fit up his house with a lot of gas-fittings—he went into the shop with me, and pointed out a double-jointed bracket—I had done one little job before for him, to the amount of about 4s. or 5s., three or four months before—he said he should want nine of them, and one three-light, to the amount of 2l.; 300 feet of 5-8th inch tin pipe, and a meter—he wanted to know the price, because he said he had to tell the gentleman the price before he gave him the job—I went into the counting-house—one of my clerks summed up the price, and I told him it would be 14l. 5s.—he said he would let me know next morning, as soon as he had seen the gentleman—next morning I received these two letters from him (produced)—I did not see him afterwards about them—(the policeman, Moss, deposed to the letters being in the prisoner's writing: read—"Sir,—I have seen the gentleman this morning concerning the gaswork which I waited on you yesterday; and as I have got the same at a very little more than I shall have to pay you, shall require a short credit; and the order must be completed on Wednesday evening next, without fail, as the same must be sent into the country by rail on Thursday morning")—upon that, I put the goods in hand immediately, and sent them by three lads, with my porter, on Wednesday, 21st April—about four days afterwards I sent my clerk for the money; after which I received the second letter—(read—"23, Old Fish-street, April 30th. Mr. Meacock,—I am extremely sorry I could not settle you're account, owing to being disappointed myself. I must beg of you to wait till about three weeks, and then I am promised cash; or, if it will suit you better to draw a bill for two months from the date of my order, I will accept it; it will suit me much better. And I require, to complete my order, one more chandelier, the same pattern; 100 feet of pipe, and four more brackets; and as soon as I have completed the above I can draw. Awaiting your reply, &c, H. LEE.")—on 3rd May I went to Whatmore's, in Cow-cross, who deals in iron pipe and gas fittings—the first thing I saw was the meter I had supplied to the prisoner—I knew it by the number—we number every one of them—the goods I sold the prisoner were worth 14l. 5s.—Whatmore is not here—he showed me a receipt—he was bound over by the Magistrate, but has not appeared since—I went with a policeman in plain clothes to the
prisoner's shop, and saw a female—I afterwards saw the prisoner, and said, "By your letter, I understand you want some more goods"—he said, "Yes"—I said, "What is it you want?"—he went into the counting-house, turned over a book, and said, "I remember now; I want four more double-jointed brackets, 100 feet of pipe, and one more chandelier"—I said, "Have you fixed the others?"—he said, "Yes"—I asked him who the gentleman was he had got the order from—he said he did not think that concerned me—I said I thought it did—he said, "Then I shan't tell you"—I said, "Well, if you won't tell me, you will tell somebody else perhaps, for this party standing beside me is a policeman"—I gave him into custody—he said, could not I stop—I said, "No"—when parties have a job, and have not got the money to get goods, they come to me, and I trust them till the job is finished, and then they pay me—it was on that representation I parted with these goods.
Cross-examined by MR. PARRY. Q. Did you make the meter yourself? A. I had it made on my premises, and all the goods, except the pipe—we number every meter—we all have different badges—we put the number on the badge which is a metal stamp in front of the meter—I did not solicit orders of the prisoner—I never gave him my card.
MICHAEL GASHEN . I live at 28, Cow Cross-street. I know the prisoner—on Saturday 17th April, he brought me two old taps, which I gave him 10s. for—he asked me if I bought any brass fittings—I said, "No," and he asked if I could recommend him anybody to purchase them—I said I could recommend Mr. Whatmore, on the opposite side of the way—he said he had lost a job which he had in the country, and therefore wanted to sell the things, and they would arrive from the country on Wednesday, at 4 o'clock—I called on him on Wednesday, and took Mr. Whatmore with me—the prisoner was not at home, we went again in three quarters of an hour, and he opened the door for us—it was then a quarter to 5—he said, "Come in, they are inside the shop"—I went in, and saw a lot of brass gas fittings, a meter, several brackets, and a roll of pewter pipe—he asked 9l. for them—Mr. Whatmore said he would give 6l. 10s., but what he gave ultimately I do not know, as I was not there when he paid the money—he wanted a stamped receipt, and we all went to a public house—he wrote something on the receipt, and the prisoner had it in his hand until Whatmore paid him, which was not until he had got a cart and put the goods in it—I do not know where he is now—I have not seen him for above a week—he was an opposite neighbour—he gave me 10s. for my trouble.
THOMAS CHILDS . I am porter to Mr. Meacock. On Wednesday, 21st April, about half past 5, or 6 o'clock in the evening, I took to the prisoner nine double jointed brackets, a ten light meter, a three light chandelier, and a roll of tin pipe—I left them with him; he gave me 6d., and I left.
(John Whatmore being called did not appear.)
GUILTY .* Aged 28.— Confined Four Months.
JOHN CHALKLEY . I live at Tottenham. On Monday, 24th May, I left my house between 8 and 9 o'clock in the morning, leaving my wife there; she had to go to town, and was to leave the back door open for me to get in, when I came home—I came home about twenty minutes past twelve, and found the prisoner in the house—I had known him before—he had worked for me two or three years—I told him he had no business there—he said he came to get a lucifer, to light his pipe—he went away—he was sober
—my wife came home about five, and between eight and nine we missed a jacket, a blue coat, a pair of trowsers, a waistcoat, a velvet coat, and a silk handkerchief—I went to look for the prisoner, and found him lying under a hay kelt—I think he was in liquor—I found under him this coat, two pairs of trowsers, and waistcoat (produced)—they are mine.
WILLIAM HOLLAND (policeman, V 437). The prisoner was given in my charge—he was lying on a hay kelt—it was about half past twelve at night—he appeared the worse for liquor, but was not drunk—in going to the station he said he did not care a damn about it, it would spare him the trouble of going for a soldier.
GUILTY .* Aged 18.— Confined Nine Months.
NOT GUILTY .
NEW COURT.—Tuesday, June 15th, 1852.
PRESENT—SIR GEORGE CARROLL, Knt., Ald.; and Mr. COMMON SERJEANT.
Mr. Common Serjeant and the Sixth Jury.
GUILTY . Aged 20.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
WILLIAM BRYANT . I am a cheesemonger, of the Edgware-road. On 20th May, about half past 8 o'clock in the evening, the prisoner came and purchased a piece of bacon—it came to 1s. 0 1/2 d.—he said, "You can take a shilling for it"—I said, "No, it is very low, we cannot abate anything"—he tendered me a 5s.-piece, which was bad—I knocked it with a 21b. weight, and it curled up or doubled—I told him I thought he knew it was bad—he said he had taken it in Hampton-terrace, which is only a small distance off—I stood a minute or two, reasoning with him, and he said, "It matters not much to you; take for the bacon out of this," and put down a half crown, which was also bad—I returned him the 5s.-piece, as I knew it was so disfigured he could not offer it anywhere else—I called an officer, and gave him the half crown—I saw the 5s.-piece found on the prisoner.
Prisoner's Defence. I was not aware it was bad; I had received some money of my employer, and had changed a sovereign; I am quite a stranger to it; I don't know bad money.
GUILTY . Aged 55.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JAMES CROCKER . I am a greengrocer, of Upper Ebury-street. On 22nd May the prisoner came, about a quarter before 11 o'clock in the evening, for 1d.-worth of onions—she gave me a shilling—I examined it; it was bad—I
bit it, bent it, returned it to her, and told her to go about her business—she went out, and I followed her—she went to a public house at the corner, and then went to Mr. Trew, the baker's—I spoke to a constable—I went into Mr. Trew's shop, and found his shopman looking at a shilling—I looked at the shilling—it was the one I had bitten, and which the prisoner had offered to me—this is it.
JAMES THOMPSON . I am shopman to Mr. Trew, a baker. The prisoner came to my master's shop for a twopenny loaf—she paid me with a shilling—I looked at it, told her it was bad, and gave it her back—Coffin came in, took it from her hand, and examined it—an officer was called in, and the prisoner was given into custody.
HENRY OTTOWAY (policeman, D 68). The prisoner was given into my custody at Mr. Trew's, on a charge of tendering a bad shilling—I asked her where the shilling was—she held out her hand, and I took it from her—this is it—she said nothing—I found in her left hand these other two shillings, wrapped in paper—she was drunk, but seemed to know what she was doing.
ELIZABETH GALLOWAY . On Saturday evening, 22nd May, about half past 10 o'clock, the prisoner came to my shop for a penny candle—she tendered me a bad shilling—I gave it her back—she took it away—she shammed intoxication, but when she got out she was not so.
Prisoner's Defence. I am an unfortunate woman; a young man gave me these shillings—I had no idea they were bad.
GUILTY . Aged 29.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ELLEN DUDLEY PARK . I am shopwoman to Mr. Shreeve, a hosier and glover, at Charing-cross. On 3rd June, the prisoner came, and asked for a boy's collar—she chose one, which came to 1s.—she paid me with a sovereign—it was good—I gave her in change a half sovereign, eight shillings, and two sixpences—I am quite sure the half sovereign I gave her was a good one—she rung it on the counter, and said, "I hope this is a good one; my mistress is very particular, and if it is not good, I shall have to come back; I once took her one that was cracked, and then I had to bring it back"—I said, "You will not have to do that; I am quite sure this is a good one," and in order to satisfy her more I tried it in the detector, and it was a good one—it did not bend at all—I gave it her—she took that and the rest of the change, and went to the door—she returned, and said, "I must trouble you to change this, I don't think it is good"—I said I was quite sure it was, for all we had in the till was good—she produced a half sovereign—I do not at all think it was the same that I gave her—Mr. Shreeve, my master, was there—I gave it him to try it in the detector—it turned out to be bad; it bent—I do not think it was the half sovereign I gave her—I had tried that, and it did not bend—it was not out of my sight from the time Mr. Shreeve took it.
Cross-examined by MR. SLEIGH. Q. Where did you take the half sovereign from which you gave her? A. From the till—there was other money there, sovereigns and half sovereigns, and silver—we keep the gold in one bowl, and the silver in another—I looked at the half sovereign before I handed it to her—I could not say what reign it was—I looked sufficiently to know it was a half sovereign and not a whole one—when my master came
the prisoner still persisted that I had given her a bad half sovereign in the first instance—that was her statement all along.
MR. BODKIN. Q. Did you notice the colour of the half sovereign you gave her? A. Yes; the one that she returned, and that I saw tried, looked much paler than that.
THOMAS GODFREY SHREEVE . I saw the prisoner in my shop on 3rd June—I received a half sovereign from Miss Park—I gave it to my wife—I got it back from her—it had been out of my sight in the meanwhile—I saw a man come into the shop—I believe he asked for some collars—the prisoner was requested to stay in the shop, and she staid after the man came in, two or three minutes—I did not see her go out—she walked out—I followed her—she had been requested to stop till a policeman came—a policeman was mentioned before she went out—the man was not in the shop at the time we spoke about the policeman—when the prisoner went out I followed her—the man attempted to prevent me by placing his back against the door—I got out, and saw the prisoner run along the street into the Ship Tavern—I followed her, and she was there with several other persons, who were following her, I believe—I saw a child, I do not know who had it—I gave the prisoner into custody—I got a half sovereign from my wife—I gave it to the policeman—I do not know that I should know it.
Cross-examined. Q. Was not the prisoner indignant at the charge, and did she not tell you that she would go and find a policeman herself? A. I do not recollect that—I will not swear that she did not—she said that the half sovereign was the one that had been given her by my shopwoman, and she waited two or three minutes after I talked about getting a policeman—a man came in to buy something—I do not know what became of him—I did not hear him speak to the prisoner, or the prisoner to him—he was not present when the charge was made against the prisoner for passing this bad money—the charge had been made before—I did not suppose at that time that he had anything to do with the woman—I judged so by his conduct at the door, and he said to my wife, "Let her alone"—possibly before he said that, the prisoner had reiterated in his presence that the half sovereign had been given her by my shopwoman—I did not ask the man to stop or to give me his address—when I went after the prisoner I left the man in the shop—I never saw him afterwards.
LYCIA SHREEVE . I am the wife of the last witness. I was in the shop, and saw him with a half sovereign—he looked at it, and tried it—it bent—the prisoner was standing by the counter—I said, "I fear you are not doing right; this is not the first or second case that has occurred; we must for your own justification have you searched"—she was not searched in my presence—a man came in, and asked for collars—I said we had no collars that I thought would suit him—he put his hand into his pocket, and pulled out some silver, and I observed he was hurried, and very much agitated—the prisoner got up, and went to the door—I tried to prevent her going out—the man said, "Let her alone," and he put me away from the door—the prisoner made her escape, and I followed her from the private door—I afterwards gave the half sovereign to my husband—I am quite sure it was the same I had received from him.
Cross-examined. Q. Have you a good many customers in a day? A. That depends on the season—there had been no accumulation of money that day—5l.-worth of gold and silver had been put into the till, as is usual—I do not know what became of the man—when he was in the shop, I said to the prisoner, "You shall not go"—she did not then say in my hearing that
the half sovereign had been given her by the shopwoman—my shop woman was in the shop, and my husband, and the boy was gone for the policeman—I am not aware that there was any conversation between the shopwoman, my husband, and the prisoner, which that man might hear, and I not—the man did know that the prisoner was charged with passing a bad half sovereign—I saw a signal between him and the prisoner—he looked at her—he looked hurried—I believe he knew before she came in, that she would pass a bad half sovereign.
EDWARD SMITH (policeman, A 560). I was called in, and the prisoner was given into my custody—I produce a half sovereign which I had from Mr. Shreeve—I took the prisoner to the station—she was told she was charged with uttering a bad half sovereign—she did not tell me it was her mistress who had sent her, or give me any information.
WILLIAM WEBSTER . This half sovereign is bad—I have had occasion to apply the detector to coins of this kind—a good gold coin cannot be bent by a female; it requires great pressure—a bad one bends very easily.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Eight Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
AMELIA CLIFFORD . I am the wife of Thomas John Clifford, who kee a the Marquis of Granby, in Little Marylebone-street. On 31st May, about 10 minutes before 2 o'clock in the afternoon, the prisoner came for a quartern of gin—it came to 4d.—he offered me a half crown—I gave him 2s. 2d., and immediately found the half crown was bad—I gave it to my husband—the prisoner was then gone—he came again about 10 minutes before 4 for some rum—the barmaid served him—I saw him—he offered me in payment a 5s.-piece—I took it, and found it was bad—I gave it to my husband—I am quite sure the prisoner is the same man who came on each occasion—I have not any doubt of it.
Prisoner. You said you were almost positive it was me when your husband came in. Witness. Yes, and I said I was quite sure it was the same bottle that you brought before.
THOMAS JOHN CLIFFORD . I am the husband of the last witness. I got a half crown from her on 31st May, about 10 minutes before 2 o'clock, and a crown about 4, or 10 minutes before 4—I went round to the prisoner, and said, "You are the person that was here this morning for a quartern of gin"—he said, "No, sir"—I said, "Yes, you are"—he said, "I will go and get a good shilling to pay for the rum"—I said, "No, you will go to the station with me"—he went a short distance, and then turned round and ran away—we had a long chase after him—the postman stopped him—I kept the crown and the half crown till the prisoner was committed, and I gave them to the officer—the prisoner said his master gave him the crown—I said he could send for his master to the station.
GUILTY . Aged 20.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
MARGARET DAUBNEY . I am the wife of Richard Daubney, a dairyman, of High-street, Notting-hill. I saw the prisoner on 10th May—he came for a quartern of butter—I served him—he gave me a half crown—I gave him change—I placed the half crown in the till, where there was no other half crown—the till went up stairs in my bedroom—the half crown was left in it—the next morning the prisoner came for 3d.-worth of eggs about 8 o'clock—he offered me a 5s.-piece—I had brought the till down stairs—I put the 5s.-piece in it, and gave the prisoner in change his own half crown, and 2s. 3d.—when he had got his own half crown he asked me if I would give him smaller change for it—I said, "Do not you like that? it is the one that I took of you last night; is it not good?"—he said, "Yes, it is perfectly good, but my mistress wants so much small change"—I gave him small change—about 11 o'clock I gave the half crown to my egg merchant, and it was bad—I then showed him the crown, and that was bad—on 13th the prisoner came again for 3d.-worth of eggs—I shut the door, and sent for a policeman—I charged the prisoner with passing the crown and half crown—he said he had not been in the shop since the Saturday before—this was on the Thursday—he had been there on the Monday and Tuesday—I bad no other crown nor half crown—Catherine Middleton has access to my till.
WILLIAM CLARK (policeman, T 112). On 13th May I was called into the shop—I took the prisoner—I got this crown and half crown from Mrs. Daubney—the prisoner stated he had never been in the house before.
Prisoner. You were in the shop when I told Mrs. Daubney I was in the shop on the Saturday, and you say that I said I had never been in the shop before. Witness. You told me so—I was not in the shop when you mentioned about being there on the Saturday.
GUILTY . Aged 21.— Confined Six Months.
MESSRS. ELLIS and BODKINM conducted the Prosecution.
ELIZABETH WARD . I keep a shop at Kensall New-town; I am a widow. On Saturday, 22nd May, the prisoner came to my shop, at a little after 9 o'clock in the evening—he asked for a glass of ale—I served him—he gave me a shilling—I gave him 10 1/2 d. change—I had some suspicion of the shilling—I kept it in my hand, and showed it to my son, in the parlour, as the prisoner was going out of the door—my son took it, and went after the prisoner—I had never seen the prisoner before—I am quite sure he is the person—I saw him in custody on the Monday.
THOMAS WARD . I remember my mother showing me a shilling on Saturday night, 22nd May—I found it was bad—I followed the prisoner from the house—I watched, and saw him join another man, about 150 yards from my mother's—they remained in company two or three minutes—the prisoner then went to Mr. Dunning's, who keeps another beer-shop at Kensal-green—I saw he was tendering some coin—I went in after him—he was tendering a half-crown in payment, I believe for a pint of porter—I cautioned the shopkeeper, and the prisoner was taken into custody—I gave the shilling to the officer.
Prisoner. Q. You never once lost sight of me? A. No.
gave me a half crown—Mr. Ward came in and gave me some information—I sent for an officer, and gave the prisoner into custody, with the half crown.
Prisoner's Defence. Mr. Ward never accused me of giving him a bad shilling till Mr. Dunnell pronounced the half crown to be bad; if, as he states, he never once lost sight of me, at the time I was taken I should have had the change of the shilling; I was searched, and I had one half crown, two sixpences, and one halfpenny; that was all.
GUILTY . Aged 22.— Confined Eight Months.
MR. BODKIN conducted the Prosecution.
MARY REED . I am the wife of John Reed; he is a tobacconist, and lives in Chandos-street. Between 7 and 8 o'clock in the evening, on 11th May, the prisoner came and asked for a cigar—it came to 2d.—he gave me a half crown, and I gave him change—I put the half crown into the till—there was no other half crown there—I went to the till all the evening—I noticed that the half crown was bad the last thing, which was about 1 o'clock—no one but myself had interfered with the till all the evening—I took it out of the till, and nailed it to the counter by itself—on the 18th I saw the prisoner in custody, and gave the half crown to the policeman—on Thursday, 13th, two days after the half crown was given me, the prisoner came to my shop, between 8 and 9 in the evening—he asked for 6d.-worth of cigars—he offered me a crown—I gave it to my husband—the prisoner had his cigars, and he went away—on the 18th he came again, and asked for one cigar—he paid for that with a good sixpence—I knew him again, and I called a policeman, and he was given into custody—I said it was for giving me a bad half-crown and a bad 5s.-piece—the prisoner said if I would let him go, he would bring the money, and make it good with my husband—I said, no; I would give him in charge, unless he gave me the money—it was then the half crown was taken from the counter—the crown was in a box in the parlour—I got it out of the box, and gave it to the officer—I saw Mr. Barr take the half crown from the counter, and hand it to the officer.
JOHN REED . I am the husband of the last witness. On 13th May I was called into the shop by my wife, between 8 and 9 o'clock in the evening—she gave me a 5s.-piece, I rung it—it sounded very well—I did not try it in the detector—I put it into the till—there was no other crown there—in consequence of what my wife said, I went to the till in a few minutes afterwards—I found the crown was bad—it was the only one that was there—I took it out, put it into a piece of paper, and put it into a box.
Prisoner. I came into your shop on the Wednesday. Witness. No, I have no recollection of Wednesday; I did not mention to you that I had taken a bad half crown on the Tuesday, of a young man in a respectable dress; I recollect your coming on several occasions, but not on Wednesday.
CHARLES DRINKWATER (policeman, F 52). I was called on the 18th, and the prisoner was given into my custody—he was charged with passing a bad half crown, and crown—he said if Mrs. Reed would let him go he would make it up with her husband another time—this is the crown piece, and this is the half crown which Mr. Barr gave me.
Prisoner's Defence. Mrs. Reed said, "I was very sorry to find that that crown piece you gave when you was here last was bad;" I said, "Was it, allow me to look at it?" she said unless I could produce her 4s. 6d. then, she would give me in charge; she never said a word about the half crown; I said I had not got the 4s. 6d. then, but if that was the one I gave her I should be most happy to make the matter right with her husband.
GUILTY . Aged 19,— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
MARY DONOHUE . I am in the service of Mrs. Bayley, a grocer, in Gray's Inn-lane. On Sunday evening, 9th May, the prisoner came there and asked for a penny biscuit—she gave me a sixpence—I thought it was bad, and told her so—she said it was not—I put it in my mouth and bit it—she said, "Let me have it again"—I said I would not, and she went away without it—I put it on a shell apart from other coin—in half an hour afterwards I saw my mistress take it away—it was the same sixpence—no one had been in the shop in the mean time.
Prisoner. I was not in the shop. Witness. Yes you were; I saw you again in about an hour.
MARY ANN BAYLEY . I keep a shop in Gray's Inn-lane. The prisoner came that evening about 9 o'clock—she asked for a quarter of an ounce of tea, and some other things which came to four pence three farthings—she put down a shilling, I gave her change—as she was going out Donohue said something to me—I looked at the shilling the prisoner had given me, and found it was bad—I cut it with a knife, and told her it was bad—she said it was not—I said it was, and she ought to be ashamed to come twice in one day to rob me—she said she did not know anything about any other bad money—she went out, I followed her, met a constable, and gave her in charge, with the shilling and the sixpence which I found on the shelf.
Prisoner's Defence. When I went in the shop I bought bread, butter, and tea; I gave her a shilling; she said it was bad; I bad another which I gave her; she gave me change out of the good one, and kept the bad one; I walked out, she followed me and gave me in charge, and said that I gave a bad sixpence, which I did not.
GUILTY . Aged 25.— Confined Six Months.
POWELL pleaded GUILTY . Aged 18.— Confined Eight Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
THOMAS GOSTWICK . My brother keeps the Three Tuns, in Holies-street, Clare-market. On Saturday evening, 8th May, I was attending to the business—the prisoners came in together—they had some ale which came to 2d. and Goodman gave me a counterfeit shilling—I saw it was bad, but I did not tell him so—I gave him the change and suffered them to go away—they went together—I marked the shilling and made a memorandum of it—on the Monday afterwards the prisoners came together again—they each of them called for something, and Powell paid with a counterfeit shilling—I got the change in my hand, not to let them know that I had any suspicion, and
sent for my brother—I said to him, "These men have passed another bad shilling"—Powell made a snatch at it—a constable came in at that moment—he sent for another constable, and the shilling was taken from Powell's hand by force, as he resisted.
JOSEPH MITCHELL (policeman, F 105). I was called, both the prisoners were there—the landlord charged them with passing bad money—I found a shilling in Powell's hand—I had a difficulty in getting it—I got this other shilling from the landlord.
Goodman. Powell met me and gave me a shilling to go and call for a pint of beer; I did so, not knowing the shilling was bad—he met me again, and gave me another shilling, and we went and tendered it, not knowing it was bad.
GOODMAN— GUILTY . Aged 20.— Confined Eight Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JOSEPH ARTHUR . I assist my uncle, who is a surgeon at Hanwell. On Sunday, 9th May, the prisoner came to the shop, and asked for a pennyworth of pills; he paid me with a shilling—I found it was bad, bent it, and asked him how many pieces he had passed to us previously, having several times seen him in the shop before—he said he had not passed any that he was aware of; an officer was called in, and I gave him the shilling.
GEORGE STEWART SIMS . On Friday, 14th May, I was assisting at the Princess of Wales—the prisoner came in for half a pint of porter—he gave me a shilling—I thought it was not. good, and put it down by the side of the till—after he was gone I tried it, and it was bad—I called Mr. Callingham and showed it him—he was looking at it when another man came in and put down a shilling for half a pint of porter—I took up that shilling and found it was bad—I had that other man detained, and I went to the door and looked down the lane; I saw the prisoner standing in the middle of the footpath—I went and took hold of him and brought him back—I said he had been in about 10 minutes before, and given a bad shilling—he said he had not been in the house before—I am quite certain be is the man—I marked the shilling and gave it to the policeman; and also the shilling I took from the other man—the prisoner had a smockfrock on over his great coat, and when I took him he had his great coat over his smockfrock.
Prisoner. Q. When you came to me, what was I doing? A. Standing in the middle of the road till I came to you, and then you went against the fence—when we got back the landlord had the shilling—it was not in my pocket at all.
RICHARD CALLINGHAM . I keep the Princess of Wales. The last witness was helping me—he showed me a shilling—I took it in my band—I gave him back the same shilling he showed me—another man came in and offered a bad shilling—I stopped him while the last witness went after the prisoner—I think the shilling the second man offered laid on the counter—the prisoner was brought back, and I gave the two shillings to the policeman—the other man was taken and discharged.
Prisoner. Q. When I came back, where did the last witness take the shilling from? A. It was in my hand; he gave it me while he went after you.
WILLIAM BUTLER . (policeman, K 71). The prisoner was given into my charge at the Princess of Wales—I received these two shillings from Mr. Sims, in presence of Mr. Callaghan—the shillings are both marked, but differently.
GUILTY . Aged 20.— Confined Six Months.
MESSRS. BODKIN and LILLEY conducted the Prosecution.
MATILDA DEXTER . I am the wife of John Dexter, who keeps a lodging house in Garden-court, Whitechapel; the prisoner lodged there for a fortnight. On 28th May he came home, and asked what he owed me; I said 1s. 6d.—he gave me a half crown, and I went with him to the Black Hone to get change for it—the landlord gave me 1s. 6d. in silver, and 1s.-worth of coppers—I gave the prisoner 1s., and kept the 1s. 6d.
ELIZABETH BENWELL . I changed the half crown and put it into my pocket—I had no other—after I had given her the change the prisoner received 1s. of it in front of the bar—he went out and came in again, and brought another half crown—I found it was bad—I then looked at the half crown in my pocket, and found that was bad—an officer was sent for—I had given the prisoner the second half crown back again, and he gave me back my good change—the prisoner did go outside the door before he was taken.
Prisoner. Q. Did I go outside the door after I had got the change? A. You gave me the change back, and went out; you were out of my sight.
Prisoner's Defence. I was a little intoxicated when I got the money; if I had known it was bad I would not have carried it there.
GUILTY . Aged 31.— Confined Twelve Months.
MESSRS. BODKIN and LILLEY conducted the Prosecution.
MARGARET JARDINE CAMPBELL . On 4th May, about 9 o'clock in the evening, I saw the two prisoners at my father's public house, the Rose and Crown, at Feltham—Craft came first and asked for beer—I served him—he gave me a bad shilling—I gave him 1d. change and put the shilling in my pocket, where I had sixpences and threepenny pieces, but no other shilling—in a short time after he was gone Foster came, and asked for half a pint of beer—he gave me a bad shilling—I refused it, and returned it to him; he gave me a good one—I then took the shilling from my pocket and found it was bad—I gave information to the policeman, and gave him the shilling.
GEORGE SAUNDERS (policeman, V 236). On 4th May the last witness gave me this bad shilling—I went in search of Craft, and found him at Hayes on the Friday following—I took him—when he saw me coming he went into Foster's house—I went to the door and found it bolted—I called to the prisoner, but the door was not opened; I broke it open—just before I broke it open I saw the sergeant, who gave me some information.
at Han worth, about 8 o'clock in the evening—I saw both the prisoners in the tap room—they were in company, and were having some conversation; I do not know what—I might say I have known the prisoners all my lifetime—Hanworth is about a mile from Feltham.
Craft. Q. Did not you see me all the day long? A. Yes; I do not know whether the other prisoner came in, and you asked him to drink—I went away, and left you together in the tap room—there were seven or eight persons there.
SARAH MORRIS . I am the wife of William Morris. I was at Mr. Bassingham's beer house, at Stanwell, on 6th May, about a quarter before 4 o'clock; that is about three miles and a half from Feltham—the prisoner Foster came in and asked for a pint of beer—while Mr. Bassiogham was drawing it Foster called Craft in—Foster paid for the beer with a bad shilling, and Mrs. Bassingham gave him the change—she told him she thought it was bad; she thought it felt greasy—I looked at it, and said I thought it was bad—it was given back to him—he returned the change, and he and Craft went away together.
Craft. You never had the shilling? Witness. Yes I had, and examined it.
PRISCILLA SAVAGE . I am the wife of Edward Savage, a grocer, at Stanwell. On 6th May, Foster came to my shop between 5 and 6 o'clock—he asked for half an ounce of tobacco—it came to 1 1/2 d.; he gave me a shilling—I had not change, and I gave it to my little girl—she went out with it and brought me two sixpences—I gave Foster his change, and he went away—after he was gone I found the shilling was bad—I afterwards saw my husband; he had got a shilling which was bad—it was weighed, and put in a drawer by itself—I afterwards saw my husband mark the shilling, and give it to the officer—this shilling was uttered by Foster—I saw Craft pass, but I did not take any notice of him; I think it was him—I saw him in custody a week afterwards—I believe he is the man I saw pass.
Craft. I never went by the house.
EDWARD SAVAGE . I am the father of the last witness. I remember her bringing me a shilling; she laid it on the table—I gave her two sixpences—I took the shilling up from the table, and found it was bad—I went into my shop, but the man that gave it was gone—I weighed the shilling, and satisfied myself that it was bad; I laid it in a drawer separate from any other coin—the policeman came in about an hour; I went to the drawer and found the shilling there—I marked it, and gave it to him.
WILLIAM MORRIS (policeman, T 184). On 6th May I received information, and followed the prisoner Foster a mile and a half on the road to Harlington—I took him, and found on him 11d. and this bad shilling—I then asked him if he had purchased any tobacco—he said, "Yes," and he directed me to Mr. Savage's, a small grocer's shop—I took him there and received this shilling, which was marked before it was given to me.
Craft's Defence. I did not know it was bad; if it was, it was what I had given me down at Reading; I had five shillings; I do not know whether they were bad or good.
CRAFT— GUILTY . Aged 27.
FOSTER— GUILTY . Aged 30.
Confined Twelve Months.
MESSRS. BODKIN and LILLEY conducted the Prosecution.
PHCEBE HARRISON . I am the wife of Henry Thomas Harrison; he is the landlord of the Cheshire Cheese, in Marquis-court, Drury-lane. On Friday morning, 14th May, the prisoner came between 12 and 1 o'clock—he asked for half a quartern of gin—he tendered me a shilling—I at first thought it was good, but I afterwards found it was bad; I showed it to a friend of mine who was there—whilst I was showing it, the prisoner ran off—he had drank part of the gin, but left half of it—I pursued the prisoner, and found him in a doorway in Pear-court—I spoke to him; he said he did not know me—assistance came, and he was taken—he struggled to get away—while he was struggling he put his hand to his mouth, and threw something away into the area of Mr. Gibbon, the baker; it sounded like money, and more than one piece—I gave the shilling which the prisoner gave me to the officer, after my husband had marked it—this is it—I had not lost sight of it, but kept it in my hand.
JOHN BURGESS . I am in the employ of Mr. Gibbon, a baker, in Clare-court; he has an area. On that morning I beard something fall in this area—I went down and found two shillings—I marked them, and gave them to the policeman.
RICHARD WAIGHT (policeman, F 56). I was called, and took charge of the prisoner—Mrs. Harrison gave me this shilling, which I saw marked by Mr. Harrison before it was delivered to me—between 3 and 4 o'clock on the same day I received these two shillings from the last witness; he marked them before he gave them to me—I found on the prisoner 4d. in copper, one shilling, two sixpences, and two 4d.-pieces.
Prisoner. Q. You went with a lantern to the area? A. Yes; I could not find anything—we thought it best to leave it till daylight—I went again between 3 and 4—the last witness heard us talking—there was a great deal of rubbish in the area, dust, and straw, and paper.
Prisoner's Defence. I went to the house for half a quartern of gin, and they said it was a bad shilling; they took me back to the house, and the landlord gave me in charge; they went to the area, and could not find anything; they went two or three hours afterwards, and found these in it.
GUILTY . Aged 33.— Confined Twelve Months.
GUILTY . Aged 22.— Confined Twelve Months.
GUILTY . Aged 17.— Confined Four Months.
NOT GUILTY .
OLD COURT.—Wednesday, June 16th, 1852.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Baron ALDERSON; Mr. Justice COLERIDGE; Sir GEORGE CARROLL, Knt. Ald.; Mr. Ald. CARTER; Mr. Ald. CUBITT; and RUSSELL GURNEY, Esq.
Before Mr. Baron Alderson, and the Third Jury.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
MR. CLARKSON stated that the only object of the prosecution was to prevent houses of the kind being carried on without the proper authority, MR. BALLANTINE, for the prisoner, expressed his readiness to make application for that purpose. Under the directum of the COURT, the Jury found a verdict of Guilty, to enter into his own recognizance in 1,000l., and to find two sureties of 500l. each, to appear and receive judgment when called upon.
Before Mr. Justice Coleridge.
MR. BODKIN conducted the Prosecution.
WILLIAM CURTIS (police-sergeant, K 13). I was on duty at Bromley, on 3rd May, last year—about 12 o'clock at night there were some persons fighting in the High-street, Bromley—I went to them for the purpose of preventing it, and dispersing the crowd—Paul, another constable, was with me—a man named Howlett attacked me, and knocked me down, and I was kicked and struck several times—blood flowed from my head, from the injuries I received from Howlett—when I was down I was held for some time—I got up and was knocked down again—I had got my staff out after Howlett struck me; it was taken from me by the prisoner and his brother, William Sullivan—I was standing up at that time—I laid hold of Howlett with my left hand, and the prisoner struck me with the staff on my head, and knocked me down insensible—when I recovered I was in the surgeon's shop—I was off duty for five or six weeks—I am suffering now from the effects of the blows—the prisoner was taken about three weeks ago—I had not seen him before—his brother and Howlett were tried at a former session.
Cross-examined by MR. SLEIGH. Q. Do not you know that the prisoner is a seaman, and has been to America in a merchant vessel since? A. He told me so; I do not know it, except from what he told me—this happened near a beer-shop—there was a large crowd and a great noise—I did not see the commencement of it—I believe it began by two partiea fighting—there were some women there afterwards—I did not notice them there at first—I did not knock one of them down with my staff, nor did any of the other constables, that I am aware of; I did not see them—none of the women were taken into custody—I was held by three women after I was first knocked down; two of them were the prisoner's sisters—I did not see Howlett or the prisoner when I first went up—I did not see Howlett till be struck me—it was after Howlett had struck me that I saw the prisoner—I was not insensible from Howlett's blow—I got up immediately—it was within five minutes after that that the prisoner struck me—I was not there two minutes before Howlett struck me—the row might have been going on five or six minutes—the crowd generally were mingling in the row.
MR. BODKIN. Q. Where were you hurt by Howlett? A. Here (in the head)—the prisoner struck me on or near the same place—I had only one cut in the head—I did not hear the prisoner speak at all.
DANIEL PAUL (policeman, K 123). I accompanied Curtis to quell the disturbance—there were some men fighting—we endeavoured to disperse the crowd—while we were so engaged I saw Howlett strike Curtis on the head, with some kind of instrument, I cannot say what—I am sure it was with some instrument—I saw blood come on Curtis's face—I went to take hold of Howlett, when the prisoner struck me, and knocked me down, and I was held down by the mob that was surrounding us—there were some women there—they took part in holding me down—I succeeded at last in getting up, and sprang my rattle—I saw the prisoner wrench the staff out of Curtis's hand, and strike him several blows on the head—he was completely stunned, and was knocked down quite helpless—he was taken away—the prisoner struck me with Curtis's staff across the hand, and I lost my staff—his brother then wrenched the staff out of his hand, and struck the constable, Redding, with it—I called out for a cutlass—I got it from Redding, who came up on my springing my rattle—I struck with the cutlass, and to the best of my recollection I struck William Sullivan on the wrist with it—the mob then dispersed.
Cross-examined. Q. I believe the prisoner was intoxicated? A. No; I do not think he was, by his appearance.
COURT. Q. Were the staves recovered? A. Yes; I believe on the Sunday morning—(Curtis here produced his.)
GEORGE REDDING . I was a constable at the time in question—I have since left the force—I heard a rattle spring, and went up to where the disturbance was—I saw Curtis there, and the blood was streaming down his face—I laid hold of the prisoner—I was then thrown down—I had a cutlass on, and while I was down it was broken off my belt—I got it again, and gave it to Paul—at that time William Sullivan struck me on the head with a staff, which knocked me down insensible—I was carried away to a coffee-shop in the neighbourhood.
HENRY VINCENT GARMAN . I am a divisional surgeon of police. On 4th May, about 2 o'clock in the morning, I was called to see two police officers, who were injured—I saw Curtis—I examined bis head; it had been previously strapped up by my uncle, who lives in the neighbourhood—on removing the strapping, about three days afterwards, I saw a jagged wound in the upper part of the frontal bone, on the right side of the head, about an inch and a quarter in length—in my opinion it was an injury done by some instrument sharper than a staff, but not a sharp knife—it might have been a stone or a pewter pot—I do not think such a staff as this would do it—I found a great many bruises about the head of Curtis—I did not find any other wound that would have bled at the time that was inflicted—he had but one wound, and I think that was not from a staff.
CORNELIUS EDIWN GARMAN . I am a surgeon, and am uncle to the last witness—I was called to see Curtis, about 12 o'clock on this night—I found I him in a state not recovered from fainting—there was evidence of concussion of the brain—I found a wound on the head about an inch and a half long, on the upper part—I should say it was a dangerous wound—I saw him several times afterwards, with my nephew; but I transferred him to his care, as he is the divisional surgeon—he still complains of the injury—the wound may have been inflicted by a blunt instrument—I should say a pewter pot was a very likely instrument to do it with, more likely than a constable's staff.
JURY. Q. Do you think it possible that a staff could produce such a wound? A. I do.
WILLIAM CURTIS re-examined. I did not see what Howlett struck me with—it was not with his fist—it was some sharp instrument, from the weight and force of the blow—he stood above me—he was on the kerb, and struck down on my head—my hat was off in the crowd—it knocked me down at once, and the blood started at once—I fell in the road—it is a gravel road, not granite—this was before the prisoner came up—I did not see him till he attacked me, which was, I should say, three or four minutes after Howlett's blow.
DANIEL PAUL re-examined. I saw Howlett strike Curtis—the prisoner was close by at that time—he was only standing there—as soon as Howlett struck Curtis, and Curtis got up to take hold of him, the prisoner struck me and knocked me down.
GUILTY of Unlawfully Wounding. Aged 26.— Confined Twelve Months.
Before Mr. Baron Alderson.
MR. PLATT conducted the Prosecution.
GEORGE MASTERS (policeman, D 121). About two o'clock in the morning of the 13th May I was standing at the corner of Tichbourne-street—sergeant Harford was near me—I saw the prisoner and another man turn the corner from out of Cambridge-square—I did not see from what place they came—they passed to the opposite side of the street—Harford came up, and he and I went over to them and stopped them—Harford asked them what they had been doing at that doorway in the square—they said, "We have been at no doorway—Harford said", "You have"—I saw the prisoner put his hand in the breast of his coat—Harford asked him what he had there—the prisoner took a step back—I saw something white in his hand in the air—he appeared to strike Harford, and he was knocked down—he also struck at me, but missed me—he then ran away—the other man ran away directly Harford was struck—when Harford got up we sprang our rattles, snd a short distance off I found the prisoner in the custody of Dunlap, almost momentarily—I ran after the other man, but he got away—I then returned, and saw the prisoner and Dunlap struggling violently on the ground—I saw him assault Dunlap by kicking him three or four times on the legs—he was secured—Harford came back after me—he was bleeding on the left side—he had a wound on the head—I afterwards saw Harford go out into the road and pick up this instrument (produced), it is elastic—one end of it is loaded with lead—it is covered with white leather—it is very heavy.
Cross-examined by MR. O'BRIEN Q. How far had they gone from Cambridge-square when you and Harford came up? A. About ten or fifteen yards—I had not seen them in the square at all—when Harford came up, he came behind them—they stopped, and when Harford spoke to them we were facing them—he did not lay hold of the prisoner or the other, nor did I—I believe the prisoner wore the coat he has on now—I do not think it was buttoned—when Harford said, "What have you got there?" he put his hand towards him—whether he touched him I could not say—I had not hold of the prisoner before he ran away—it was a drizzly wet night—I bad never seen the prisoner before to my knowledge.
COURT. Q. When they ran away, in what direction did the prisoner run? A. Towards the Edgware-road—the place where I found him struggling with Dunlap was in that direction, and about thirty yards off.
ROBERT DUNLAP (policeman, D 133). About 2 o'clock in the morning in question I was in Oxford-terrace, which is close by Cambridge-square—I heard a rattle spring—I saw the prisoner and another man running along Oxford-terrace—I saw him come from Porchester-street—Titchbourne-street runs into Upper Porchester-street, and from there, to go in the direction of Edgeware-road, you have to turn to the right along Ox ford-terrace, where I saw the prisoner and the other man; I drew my staff—I met the other man, he struck me, and I fell, and he got away—the prisoner had this instrument in his hand in a raised position at the time he was running—I had my staff out previously to seeing that—as he passed me he struck at me, and I caught the blow on my staff, and parried with my staff at the same time—I struck him on the head—this instrument flew out of his hand into the road, and he fell—I took hold of him, and we had a violent struggle together—I was at last enabled to spring my rattle—Masters came up to my assistance, and the prisoner was taken.
COURT. Q. Did you show Harford the place where the instrument fell? A. I did, and I saw him pick it up—Harford was without his hat, and his face was covered with blood, and also his cape—the prisoner was very violent all the way to the station—I asked him, "Why were you running?"—he said, "I heard a row, and was running away from it."
CHARLES EDWARD HARFORD (police-sergeant, D 382). About 2 o'clock in the morning I was passing the east end of Cambridge-square, and saw the prisoner and another man come from a doorway in the square—they came towards me, and turned into Upper Porchester-street—I and Masters followed them, and they were stopped—I asked the prisoner what he was doing in the doorway in the square at that hour in the morning—he said he was not in the doorway—I said, "You were there, I saw you"—he then put his right hand inside the left side of his coat, and held his coat with his left hand—I said, "What have you got there?"—I put my hand towards him, and was immediately knocked to the ground—I could not see what it was done with—it was done instantly—here is the wound—theblow was on the side of the temple—I was confined to my bed for a week, and was attended by a surgeon—when I recovered myself I saw two men on Oxford-terrace—I was bleeding very much indeed—Masters sprang his rattle, and very shortly after I saw the prisoner in the custody of Dunlap—I ran after the other man, and when I came back Dunlap pointed out this instrument lying in the road—it was close by where the prisoner was—there is a mark of blood upon it.
Cross-examined. Q. Did you lay hold of him at all when you came up? A. No; I did not put my hand on the breast of his coat; not at all, only at first, when I came up—that was before he struck me—that was not to apprehend him—I was not going to apprehend him, merely to know his business at that time in the morning.
GEORGE WILSON . I am a surgeon, living with Mr. Vickers, in Baker-street. I was called to attend Harford—I found him suffering from a wound just over the temple—it was a contused, lacerated wound—the skin was broken and destroyed—such an instrument as this would produce it—it must have been done with great violence, because the skin was destroyed, and sloughed away—erysipelas came on for two or three days.
GUILTY . Aged 22.— Transported for Ten Years.
Before Mr. Justice Coleridge.
MR. CLARKSON conducted the Prosecution.
THOMAS SALWAY . I keep the Red Cross, 33, Barbican. I have a brother, a carpenter, who lives at 21, Gerard-street, Soho—the prisoner Grover had been in my brother's service—I had known him about two years—on Saturday, 17th April, about 4 o'clock, he came to my house before the bar, and called for a pint of porter—he said, "How do you do, Mr. Salway?"—I said, "I am very well, thank you; what are you doing now?"—he said, "Nothing"—he stood there for some few minutes, and then put his elbow on the counter, and whispered to me, "Have you ever taken any bad money since you have been here?"—I then said, "Well, what has been brought I have been very fortunate, I have detected it"—he then put his hand into his trowsers' pocket, pulled out a shilling, and said he served butchers and bakers, and publicans, with this sort of coin at 1s. 6d. per dozen—I then asked him how long he had followed that profession—he replied, "About a month after I left your brother, as I had neither money nor clothes"—he then took the shilling up off the counter, and went away as he saw me going towards the private box, I suppose he thought I was coming out to him—after he had gone I told the sergeant of police—I saw no more of Grover until the Saturday following, when he came about 10 in the morning—he asked me if I could change him a 5l. or a 10l. note—I asked him was it genuine, or how he came in possession of it, knowing the capacity he was in before—he said, "It is; we fell across it," or "tumbled over it in Drury-lane"—I then said, "Well, bring it and let me look at it"—he then said, "What time shall I come?"—I said, "At 5 o'clock"—he said he would come at 7—I said, "I shall be busy at that time, come at 5"—he agreed to do so, and went away—I went to the police station, and told them what had occurred, and about 4 in the afternoon Bull and Packman came, and waited there up till 11 at night—Grover did not come, and they then went away—on the Saturday following, 1st May, about 7 in the evening, Grover came, in company with Donoghue—they came together—I was at the bar—Grover said, "I have brought these notes, can you change them for me?"—I then did as the police constable had told me, invited them into the parlour, and went into the parlour to them—I first sent my barman over for the police—Donoghue pulled the notes out of his pocket—they were two 5l. and one 1l. note—I did not look at them at that time, but I did when I took them into the kitchen—I said, "What do you want for them?"—he said, "17l."—Grover was in the room, and within hearing—I said, "I suppose you would take 16l., would you not?"—he said, "No, not less than 17l.; look at them"—I did not look at them—I put them into my pocket, and went out—I told them to wait a bit, and I would bring them the change—I went out of the parlour to the back door, expecting to find the police—Costigan, an officer, was there—my barman had fetched him—I took him to the parlour, and said, "Stop these men; don't allow them to move out of the parlour"—before that, as I was coming out of the parlour, I heard Grover say to Donoghue, "It is all over with us"—I think he saw Costigan—he was in his uniform—I then went into the kitchen with the officer Banks, who had come in afterwards—I showed the notes to him, and told him what had transpired—I then returned to the parlour with Banks, and said to the prisoners, "These gentlemen will give you the change"—the policemen took them into custody—I handed the notes to Banks.
Cross-examined by MR. DEARSLEY. Q. When Donoghue showed you the notes first he took them out of his pocket? A. He did; they were not wrapped up in anything—they were folded up when he gave them to me—there was no one in the parlour but ourselves—I had never seen Donoghue before—I was well acquainted with Grover—I have seen him on many occasions in the workshop—I did not know his name—I never saw him in company with Donoghue—Donoghue did not say that Grover had asked him to ask 17l. for them; I am quite sure of that—I asked what he wanted for them, and he said 17l.—that was all he said—I did not give Grover in charge to the police on the 24th April, when he offered me the bad money, at 18d. a dozen—I told the police-sergeant what had occurred—I remember my house being burnt down—it was insured in the Sun Fire-office—I got the insurance for it: I swear that; they did not for a considerable time refuse to pay it—I have been about twelve months at my present house—before that I was at the Crown and Cushion—I have never been in any other business—I am a seafaring man by profession—I left the sea about three years back—I have been in the public line ever since.
Cross-examined by MR. SLEIGH. Q. Who was in the room besides you and the prisoners? A. No one; there were no persons outside the parlour door—there is a glass window to the parlour—there were no persons outside that window—it opens into a passage, which leads into the kitchen, or into the bar, or the street—I was examined before the Magistrate—the Magistrate misunderstood me—there were people outside the street door who came with the prisoners, who were in the same party with them, and there were people at the bar, but not in the passage—I believe this is not the first time that I have stated that Grover said, "It is all over with us"—I believe I stated it at Guildhall.
ROBERT PACKMAN (City policeman, 133). On Saturday, 24th April, about 4 o'clock in the afternoon, I went to Mr. Salway's, from information he sent, and remained there till about a quarter past 10, with Bull—nothing occurred that night.
GEORGE BANKS (City policeman, 153). On Saturday, 1st May, I was on duty at Barbican, near the Redcross public-house—Mr. Salway called me over, and gave me some information on the subject of notes—when I got there I found Costigan there—I went with Mr. Salway into the kitchen, and he produced these three notes to me (looking at them)—I then went with him to the parlour—I found Costigan at the door, and the prisoners in the parlour—I told them they must consider themselves in custody—Donoghue asked what for—I told them to accompany me to the station, and I would explain it to them—I took Grover, and Costigan took Donoghue to the station, in Moor-lane, where I handed the notes to sergeant Watson—he asked the prisoners their names and addresses—Donoghue gave his name as "Garrett Donoghue, of 72, Carlisle-street, Westminster," and Grover gave, "William Grover, 15, Denzel-street, Drury-lane"—inspector Joy came in shortly afterwards, and the notes were handed to him—he asked the prisoners if they could account for the notes, or throw any light upon them; and said, "I can tell you they are all forged notes"—Donoghue replied, "When the man comes down to charge us we will tell you"—Mr. Salway was sent for—he came, and the charge was taken—the prisoners did not then give any account—they were searched—on Grover was found a book and two duplicates, and 2d. in copper; and on Donoghue, a knife, a key, and an old half-guinea—I went to 15, Denzel-street, but found no such person as Grover known or living there—I also went to 72, Carlisle-street—I found no such name as Donoghue
there—I received the notes back from Mr. Joy the same evening—these are them—I put my initials to them—they were never out of my sight from the time I received them from Mr. Salway.
Cross-examined by MR. DEARSLEY. Q. What charge did Mr. Salway make against them? A. For offering two 5l., and one 10l. Bank of England forged notes; it was not for having stolen notes; I swear that.
MR. DEARSLEY to MR. SALWAY. Q. When you gave the prisoners into custody to Banks, what was the charge you made? A. Having the notes; I did not know whether they were stolen or forged, or what they were—I do not think I said it was for having stolen notes in their possession—I did not know whether they were stolen or forged—I did not use the words "stolen," to my knowledge—I cannot swear one way or the other—I had not examined the notes.
DANIEL COSTIGAN (City policeman, 140) examined by MR. DEARSLEY. I am not aware what charge Mr. Salway made against the prisoners—when I entered the house, he said, "Don't let them go"—at that time they were in the parlour—I stopped there till Banks came, and then we took them—I believe Mr. Salway made the charge to Banks, not to me; I did not hear it.
(John Gibbs, coal-dealer, of 12, Boswell-court, Queen-square, gave Grover a good character.)
DONOGHUE— GUILTY . Aged 32.
GROVER— GUILTY . Aged 24.
Transported for Ten Years.
MR. GIFFARD conducted the Prosecution.
EDITH ROBINSON . I am a widow, living at 61, Noble-street, St. Luke's. I have known the prisoner by sight about nine months, as near as I can recollect—one Sunday morning, some time ago, I was taking my dinner to the baker's; he accosted me, and asked me if I had apartments to let—I said I did not know, when did he want them—he said, "To-morrow"—I said I should have to inquire into his character—he said, "Are you a widow?"—I said, "Yes; why?"—he said, "Because I am single, and perhaps we may make a match of it"—I left word, in the evening, that I had no apartments for him—nearly three weeks afterwards he came, under the pretence of having some shirts made; he conducted himself in a very shameful manner; he wished to take improper liberties, and I turned him out myself—he has not been to the house again, but he has annoyed me ever since—on 22nd May, about half past 9 o'clock, when it was nearly dark, I went to take some linen in; as I was paying the money, the prisoner came in, and said, "Now Mrs. Robinson, you have been my ruin; d—you, I will do for you"—he then struck me a violent blow with a hammer on the right side of my head; it cut through my bonnet, and my head bled profusely—he said he was very sorry he had not quite done it—I succeeded in getting the hammer from him, and he was given in charge—I then became insensible for some minutes, and do not remember what took place—I did not feel insensible till he was gone,
when I found the passage going round, and was led by a female into her parlour—this is the hammer (produced)—I gave it to Wilsden.
Cross-examined by MR. BIRNIE. Q. You were not so insensible as not to be able to wrest the hammer from him? A. Not then—my husband has been dead five years next Oct.; he was a foreman at Pickford's—I get my living by dress making, and have had children to bring up for Mrs. Baker—I have not cohabited with the prisoner, or had any male acquaintance since my husband's death—the prisoner is a carpenter—he had a basket with him, but had no tools in it but the hammer—I should say he was not intoxicated, or he could not have used the hammer in the way he did—I cannot swear he was perfectly sober—he has annoyed me ever since Christmas, and I have cautioned every body about him—he never slept in my house, or I in his—he was never in my house seven minutes—when I put him out on the first occasion there was no striking.
Cross-examined. Q. Was he drunk? A. Yes; very drunk indeed—Mrs. Robinson took the hammer from him with some difficulty; she had some trouble to get it.
JOSEPH WILSDON (policeman, H 69). I found Mrs. Robinson bleeding from the right side of the head—she charged the prisoner with striking her with a hammer—he said, "Yes, I did it; I will give myself up"—as I took him to the station, and several times after he got there, he said, "I am sorry Idid not finish her"—I received the hammer from Mrs. Robinson.
Cross-examined. Q. What state was the prisoner in? A. Drunk.
(The prisoner received a good character.)
GUILTY of unlawfully wounding. Aged 67.— Confined Six Months.
MR. BODKIN conducted the Prosecution.
WILLIAM BROWNE WATTS . I am a commission agent, of 82, St. John's Wood-terrace, Regent's-park. In the beginning of March I was introduced to Mr. John Pace, whose offices were at 3, Sherborne-lane, King William-street; I believe he is a Custom House and shipping agent; the firm is Pace, Nephew, and Co.—I was in the habit of seeing Mr. Pace almost every day afterwards—he asked me about the beginning of April whether I thought I could get a promissory note of the firm discounted at three months, leaving as security 300 shares in the Galtymaen Silver Lead Mining Company—I had then known the prisoner about five or six months—on 10th April I again saw Mr. Pace—I had seen the prisoner, and asked him whether he thought he could get the promissory note cashed for me—he said yes, he believed he could—I gave him the particulars in writing—after that I received from Mr. Hunter, a partner in Pace's firm, some scrip certificates and a transfer paper of the shares—on 14th April I saw the prisoner in King William-street, Strand—he told me he had seen the gentleman who would discount the promissory note, but he wanted to be satisfied that the shares were actually in existence—I produced them to him—he asked me whether I would let him have them to show the party—I said, "Yes;" and he gave me this memorandum which he drew up and signed, and I gave him the shares—(read—"London, April 14,1852. Received of Mr. Watts, 200 shares in the Galtymaen Silver Lead Mining Company, to be returned to-morrow morning at 12 o'clock. John Fiddes")—next day I saw the prisoner again; he said
he had seen the gentleman, and if I would get the promissory note, the matter could be carried out at once—I said I would go into the City, get the note, and meet him about 4 that afternoon—he still retained the shares; he said nothing about them—I went to Messrs. Pace, got from them this promissory note (produced), and kept my appointment with the prisoner—he came, I think about half past 5—he asked me whether I had got the promissory note—I said, "Yes; but it is too late to carry it out to-night, I will meet you tomorrow"—he said he did not know that it was—I showed him the note, and we walked towards Oxford-street; when we got there he said, "The gentleman who will discount this note only lives two or three doors round the corner; if you will let me take the note to him I may get the money this evening; I will bring the note back to you, or the money, within ten minutes or a quarter of an hour, at the latest"—I said, "Very well;" and gave him the note—he said, "I am going down to Mr. Pace's to-night"—I said, "You won't be longer than that?"—he said, "No"—I waited three hours, and never saw him—next afternoon I received this note and enclosure; the note is in the prisoner's writing—(read—"P.S. Read the enclosed—my dear Watts, I have great trouble in the business, but it is all right for Monday and Handley at 4 o'clock. J. Fiddes."—Enclosure read—"16th April. Re Pace. My dear Sir,—I find it will be quite impossible for me to complete your matter till Monday next; if you will meet me at 3 o'clock it will be all right. I am sorry the delay has occurred, but it is inevitable. James Harrisson")—the prisoner had not mentioned a person of the name of Harrisson before I gave him the note—I am quite sure of that—I afterwards went to Mr. Pace's, and made a communication to him—he told me something, and I went down to Scotland-yard, and saw an inspector—I afterwards heard that the prisoner was subpoenaed on a trial at Westminster Hall—I went there and saw him—(note read—"London, 15th April, 1852. Four months after date; we promise to pay to our own order 300l. for value received, payable at our office, Sherborne-lane, City. Pace, Nephew, and Co.")
ELIAS ISAACS . I am a solicitor, of Jeffery-square. On 19th April, a person named Henry Davis called on me with this note, and applied to me to get it discounted—I suggested that some inquiries were necessary, and in consequence of what my clerk said to me I said there was something wrong, and detained the note—Pace and Co. called on me, and in consequence of what they told me I refused to give the note up, and have kept it till to-day; when I refused to return it, Davis brought me this memorandum (produced), notwithstanding which I still refused to give the note up; an action was brought against me—Pace and Co, have indemnified me.
Prisoner. Q. Do you remember my calling with Henry Davis, at your office? A. No; I do not remember seeing you till you were at Marlborough-street office—I have not given Davis any money for this bill—I did not tell him to bring an action against me in trover for the recovery of the bill—I do not know who was bringing the action.
MR. WATTS re-examined. I believe the signature to this memorandum to be the prisoner's writing (read)—"Memorandum: that I have this 17th day of April, 1852, received of Mr. Henry Davis full consideration, less discount, for the promissory note of 300l. at three months date, drawn and endorsed by John Pace, Nephew, and Co. John Fiddes."
CHARLES FREDERICK FIELD (police-inspector). I was employed by Pace and Co., and Mr. Watts, to apprehend the prisoner—I found him on 18th May, at the Court of Queen's Bench, Westminster, standing in the passage—I said, "Fiddes, I want to see you about a promissory note for 800l. you
have taken of Mr. Watts; also some shares"—he said, "Yes; that is all right, I got the bill from Mr. Watts to get it discounted for him"—I said, "Well, then, Mr. Watts is going to give you into custody for stealing this bill"—he said, "Where is Mr. Watts?"—I said, "He is just outside the Court"—he went to Mr. Watts, and had some conversation with him which I did not hear—Mr. Watts came to me, and in consequence of what he said I did not take the prisoner—I saw him again about a week or ten days afterwards; he said, "Have you seen the parties?" I said, "No"—he said, "I shall not give up these bills till I get 30l."—he was taken into custody, taken to Bow-street, and afterwards to Marlborough-street, and was remanded on his own recognizance.
Prisoner. Q. Did not I come several times to Scotland yard? A. Twice to see me upon it—you have not avoided it in any way, you always appeared upon your recognizance.
Prisoner's Defence. Mr. Watts met me at the King William the Fourth, King William-street, Strand, and asked me if I could discount a promissory note of Pace, Nephew, and Co., with a deposit of shares in the Galtymaen Mining Company, with 3l. paid up on each share, value in the market, 1l. 17s. 6d., per share; I said there was no difficulty; I received the shares from him next day, went to a respectable stock-broker in the City to make inquiries about the shares, and was requested to call in a day or two; I saw Mr. Watts and told him if the shares were of any use, the bill would be cashed, and he had better get the promissory note, and I should be able to carry the matter out; I met him the following day, he gave me the note, and I went into the City to make inquiries about the shares, but could not get any answer; I said, "I am going to visit a friend of mine close to Oxford-street, who will give me the money if the shares are all right;" I left him at the American Stores; I waited for my friend two or three hours, he did not come; I was tired of waiting, and did not return to Mr. Watts, as I thought he had gone; I went into the City next day with Mr. Davis, to make inquiries about the shares, we could get no answer; we then went to Mr. Isaacs, he left me outside and took the note into the office to get it discounted; Mr. Isaacs came out, looked at me, and went in again, and Mr. Davis and I walked away together; he said, "I have got to be in London about 3, o'clock, we will meet again in the morning;" I went and found out that the shares were not worth a halfpenny, it was a regular swindle, the stock broker and the mining broker said that a cart load of them was not worth the trouble of fetching away; I took them away, and I believe they were left at Mr. Isaacs' with the bill; we went several days afterwards to a tavern in Catherine-street, Strand, between 12 and 1; we sat down and took some beer, and he wrote out some memorandum, I do not know what it was, I signed it; whether this is the piece of paper I signed, I do not know, but I have never received any communication from Mr. Davis, and therefore the bill has not been discounted; if the shares were worth the money I should have received 15l., and therefore I detained the bill for my commission, and demanded 30l. to give it up; when I was before Mr. Jardine, I said, if he thought I was not entitled to any remuneration for my trouble, I would return the bill and shares within a few hours; he said it was out of his jurisdiction, and the case was adjourned to Marlborough-street; the bill has never been discounted, nor are the shares worth a farthing; Mr. Watts said if I could get this carried out, he would give me 1,000 more shares to borrow money on, and therefore he was raising money by false pretences, as 3l. has not been paid upon them; I am innocent of any charge of fraud whatever.
NOT GUILTY .
NEW COURT.—Wednesday, June 16th, 1852.
PRESENT—Sir JAMES DUKE, Bart. Ald.; Mr. RECORDER; Mr. Ald. CARTER; and Mr. Ald. CUBITT.
Before Mr. Recorder and the Fifth Jury.
GUILTY . Aged 20.— Confined Four Months.
MR. BRIARLY conducted the Prosecution.
GEORGE WHITING . I am porter to Messrs. Venables, Brothers woollen drapers, Aldgate High-street. On Thursday evening, 10th June, about half past 10 o'clock at night, I was at the corner of Duke-street with Thompson, a relation of mine—we met with a man, who tripped up Thompson's heels to throw us both on the ground—we turned round to ask why he did so, when a woman, who he said was his wife, began to abuse us, and the prisoner passed between us, and took the watch from my right hand waistcoat pocket—I felt a tug from the chain round my neck, and saw the watch in his hand—I saw his hand come from my chain with the watch in his hand—there was force in taking it from me—he passed between two other young men, but I did not see what he did with the watch—I caught him within about five yards—I did not recover my watch—it was worth 2l.—I kept hold of the prisoner, and gave him in charge—I had seen the watch about two minutes before it was laid hold of.
Cross-examined by MR. PAYNE. Q. What time was this? A. About half past 10 o'clock, at the corner of Duke-street, Aldgate—it was dark—there was a gas light, at the corner of the street, over us—I should think about ten people were there altogether—I was passing along when the accident happened, when the party tripped up our heels—I know the party who tripped up my friend by sight—nothing passed between him and my friend before he tripped him up—the prisoner was taken about five yards from where he took the watch, but I have not seen the watch since—after we took the prisoner we left the man and woman who were abusing us—I did not see any more of them—the prisoner did not remain with me more than a minute before the constable came—the constable was close to him—he said, "If you think I have got your watch, give me to a constable"—I thought he had it, and gave him to a constable—I cannot say how many of the ten persons were there when the constable came—I did not see anything more of them—this was in the Broad-street, Aldgate, leading to Whitechapel—I did not see the prisoner's hand come from my pocket, but I saw it come from my chain, and the watch was in it—it was a small watch—I saw the top of it in his hand—I had never seen him before to my knowledge.
Re-examined by MR. BRIARLY. Q. The street is pretty broad? A. Yes; the ten persons came up, not at once, but gradually—there was space enough for them to pass, but they stood close together—I have seen the person who tripped us up—I never saw the prisoner before to my knowledge—I did not lose sight of him till I took him—I have no doubt whatever that he is the man—the man who came with the woman stands at the corner of Ald-gate Church for a job, and I once fetched him to shake carpets for the governor—I did not know the woman.
CLARK THOMPSON . I am a porter. I have got no situation—I left Mr. Venables a fortnight last Saturday—I was not in the same house, but in the employ of the same firm as Whiting—I was with him on this night coming down Aldgate by Duke-street—we were walking together—I had got hold of his arm—a man came by me and tripped me up—I nearly fell to the ground—I turned and asked the man what he meant by tripping me up; he began to swear and curse—Whiting said, "I don't want any disturbance"—the man said, "You live at Mr. Venables'"—he said, "It don't make any odds where I live; I don't like to see my friend tripped up"—as soon as he said these words, a person came up whom he claimed as his wife, and she began to swear and curse, and to use language not fit for a woman—while we were talking the prisoner passed between Whiting and the woman and took his watch—I saw the watch go away out of his pocket; I saw it in the prisoner's hand—I said, "He has got your watch;" and before I could get the word out of my mouth, he said, "He has got my watch"—the prisoner rushed between two young lads, and I caught him within five yards of the place—during the time he ran away he had his hands before him—I did not lose sight of him from the moment I saw the watch taken till I took him—he was given into custody.
Cross-examined. Q. When you had hold of him, he said, "I have got nothing?" A. Yes; I was sober—I had left my service a few days before—I had been there a year and ten months—I fell out with one of the young gentlemen, Mr. Charles Venables, about the shutters for one thing, and because I had not got the boots cleaned in the morning.
SPURLING OLDING . I am a tailor. At half past ten o'clock that Thursday night I saw Whiting and Thompson at the corner of Duke-street, and a man and a woman were talking to them—the woman was using unbecoming language, and I saw the prisoner between two young men; his eyes were fixed on Whiting—all on a sudden he made a plunge at his pocket, and he turned about with his hands in front of him—he had got his hands closed, but what he had got I could not see—Whiting and Thompson caught him—I asked him what he had lost—he said, "A watch."
Cross-examined. Q. They accused him of taking a watch, and he said he bad not? A. He denied it; they were all strangers to me—I merely happened to be going by towards home.
(The prisoner was further charged with having been before convicted.)
JOSEPH WARD . I produce a certificate of the prisoner's former conviction at this Court—(read—"Convicted, Feb., 1852, Confined six months")—he is the person—I have known him four years as a thief—he has been summarily convicted four times.
GUILTY. Aged 17.— Transported for Seven Years.
MR. RYLAND conducted the Prosecution.
MICHAEL HAYDON . I am an officer of detective police. On Friday evening, 4th June, I was on duty with Brett in plain clothes—about half past 10 o'clock that evening I observed the three prisoners—Davis was standing in the middle of the road at the King William-street end of Cannon-street—she was talking to a gentleman, and Smith and Williams were standing about twenty
yards off under a lamp post, looking towards them—the gentleman left Davis, and she went along King William-street towards the Bank—the two male prisoners crossed to the other side of King William-street, and followed Davis a short distance towards the Bank—Davis accosted another gentleman, and turned back with him to the corner of Cannon-street—she remained talking to him there for about a minute, and Smith and Williams returned to the corner of King William-street opposite the corner of Cannon-street—as soon as the gentleman had left Davis, Smith and Williams crossed from the corner of King William-street, and stood talking with her for about a minute—they then went down Cannon-street to Neighbour's Tavern, into which they all three went—they remained in there about ten minutes, and they all three came out together—Davis went down King William-street, and Smith and Williams crossed over to the other side—we followed them for about an hour, during which time Davis accosted twelve or fourteen gentlemen, and upon all occasions Smith and Williams were within sight, keeping pace with her and stopping when she stopped, until they got to the corner of Bow-lane—at nearly half past 11, Davis there accosted the prosecutor, and went with him along Bow-lane as far as George-yard, and Smith and Williams crossed from the opposite side, and went up Bow-lane after Davis and the prosecutor on the same side—there is but one pavement there—Davis and the prosecutor stopped at the corner of George-yard—Smith stood about eight or ten feet from the corner of the yard in a doorway; I lost sight of Williams—I saw Smith and Williams go into Bow-lane—I still kept sight of Smith, but I lost sight of Williams—Davis and the prosecutor remained there between five and ten minutes; at the end of that time I heard a cough, and at the same moment I saw Davis running from George-yard along Bow-lane into Bow Church-yard, at the corner of which I was standing—I went after her, and overtook her about half way through the Churchyard—I laid hold of both her hands, and said, "You have robbed that gentleman; what have you got?"—she said, "What do you mean? I have got nothing;" but finding she kept her left hand clenched, Iendeavoured to open it—she struggled very violently to prevent me, and in the struggle we both fell—she endeavoured, by kicking and biting my hand, and dragging my hand to her mouth, to prevent my opening her hand—at last I succeeded, and took this watch out of her hand, and this chain—the glass of the watch was broken, and one of the hands—on the road to the station she asked me what I wanted with her; I told her it was for stealing a gold watch—I took her to the station and left her with an officer, and I went back and found Smith and Williams were secured—I went back to the station and resumed the charge of Davis—I was not gone above half a minute—Davis was asked by the inspector where she lived, but she and Smith refused to tell—I found on Smith a gold ring and a door key, on Williams one farthing, and on Davis a key was found by the female searcher—before Davis accosted the prosecutor I had noticed him, and I saw a chain in front of his waistcoat—I passed at the moment she accosted him—when this watch and chain were shown to him he claimed them at once—I had seen the prisoner Williams frequently before, and I have an indistinct recollection of the others.
Cross-examined by MR. PAYNE. Q. What time did you and Brett meet that evening? A. About half past 7 o'clock—it was about half past 10 "when we saw the prisoners—Davis was in the centre of the crossing at the centre of King William-street end of Cannon-street, and the men were at the corner of Cannon-street, under a lamp-post—they went along King William's treet to Cheapside—I was standing at that corner of Bow Church-yard that
comes into Bow-lane at the time I heard the cough—that is ten or a dozen yards from George-yard—the cough came in a direction from George-yard—Davis appeared immediately after the cough—the prisoners were about ten minutes in the public-house—I saw Davis speak to gentlemen, and they did not want to have anything to say to her except in one instance—she succeeded in walking for a few minutes with one.
Cross-examined by MR. CHARNOCK. Q. You lost sight of Williams when you were in Bow Church-yard? A. Yes—I did not see him when the cough was given—he and Smith followed Davis into Bow-lane—I saw Smith in a door-way, but I lost sight of Williams—he might have gone on into Watling-street, and he might have turned into Queen-street and come into George-yard again—I did not take Williams, but he was taken immediately—he gave his name, and trade, and address—I made inquiries, and found it right—he lived at No. 1, Great Peter-street, Westminster—he was quite sober—the prosecutor had been drinking, but he was sober—I saw him in Bow-lane after I had secured Davis—George-yard is a bye-place—the prosecutor had been going towards the Bank from St. Paul's—a man would not go up Bow-lane to go to the Bank—I did not go into George-yard to see what was going on.
JAMES BRETT . I am a detective officer of the City. I was with Haydon on the evening of 4th June—I saw the three prisoners about half-past 10 o'clock at the corner of King William-street—I saw them all go into a public-house and come out again—I kept my eye on them till they got to Bow Church—I saw Davis stop a gentleman at the top of Bow-lane, which turned out to be Mr. Young, the prosecutor—she was in front of him, meeting him—she took him by the arm down Bow-lane—Smith and Williams were on the opposite side of Cheapside watching the female, and they crossed Cheap-side and walked down Bow-lane after them in company—Davis and Mr. Young turned into George-yard—I passed Smith and Williams in Bow-lane, and as I passed the end of George-yard, I saw Davis and the prosecutor standing in George-yard—I went on down Bow-lane into Watling-street, and round Queen-street into Well-court, which is the opposite entrance to George-yard—when I got to the commencement of George-yard, which is rather wider than Well-court, I saw Davis and Mr. Young standing in the same place where I had seen them when I passed down Bow-lane, and on my right hand side, in a dark corner of George-yard, the prisoner Williams was standing—I heard Davis cough, and at the same time I saw Smith come up to Mr. Young, the prosecutor—he appeared to speak to him, and appeared to detain Mr. Young by keeping him In conversation—he was standing in front of him—at the time Smith came up, Davis ran away—in fact she ran directly after she had given the cough—Smith came between Mr. Young and the direction Davis had run—Mr. Young must have gone out of his way to have got by Smith and have got into Bow-lane—I walked towards Mr. Young, and Smith; and Williams, who was following me up George-yard, came up to the side of me—I took hold of Smith and Williams—Russell, another officer, came up—I delivered them to him, and told him to keep them—Smith said, "What are you holding me for?"—I made no answer, but turned to the prosecutor and said, "You have been robbed, Sir"—he put his hand to his waistcoat-pocket and said, "Have I?"—I did not stop, but immediately Russell took Smith and Williams, I ran to see if Davis was in custody, and saw Davis and Haydon struggling on the ground—having seen Davis in custody, I went back and found Russell struggling with Smith, holding him against some shutters—in consequence of what Russell said, I ran down Bow-lane and saw Williams struggling with Mr. Young—I took
Williams into custody—he said, "What are you taking me for?"—I said, "For aiding the woman in robbing the gentleman of his watch"—he said, "I did not take his watch"—I then took him to the station.
Cross-examined by MR. PAYNE. Q. What time did you meet Haydon that night? A. I went out with him early in the evening—it might be 7 or 8 o'clock—I first saw the prisoners about half-past 10—the robbery was committed from a quarter to half-past 11—when I saw Smith and Williams go down Bow-lane I went round and came to George-yard another way.
Cross-examined by MR. CHARNOCK. Q. How far were you from the men when they went down Bow-lane? A. I was on the side where the Church is; when they went down Bow-lane, I passed them, and went into Watling-street—I went to the other end of George-yard, where I knew Davis and the prosecutor were standing—Williams was in the other end of the yard, in a dark corner—I do not know how he got there, but I suppose, after I had passed, he must have followed Davis and the prosecutor into the yard, and passed by them—the place he was in was about twice the length of this Court from them—I passed him while he was in the corner, and went on to Davis and the prosecutor as soon as Davis coughed—then Williams followed after me—there is no difficulty to get out at the other end of the yard, but it is a very dark and narrow part—there is a way through—there would have been no difficulty in Williams getting out, but, instead of that, he came after me.
EDWARD YOUNG . I am a jeweller, residing in Cornhill. On the evening of Friday, 4th June, I had been supping with a friend at the west-end of the town—between 11 and 12 o'clock I was coming home—about a quarter or 20 minutes past 11 I had come through Fleet-street—I there ascertained that my watch was safe—it was in my pocket, and the chain was passed through a button hole—I went on, and got to Bow Church—Davis there came up to me—she accosted me by taking hold of my arm, and she wished me to go with her—I told her I was going home—I could not get rid of her—she still clung to my arm, and we turned down Bow-lane—I wished to get out of Cheapside; I did not wish to be seen with her in Cheapside—I should think we went down about twenty yards, to the corner of George-yard—I had not seen any other person up to that time—I stood talking with Davis in George-yard—the prisoner Smith came up to ask a direction—he passed between us—Davis left at the moment he came up—Smith asked for the Bull's Head, or whether it was Bull's Head-court, I cannot tell—no noise had been made then that I had noticed—Davis started away—up to that time I was not conscious that I bad lost anything—Smith stayed with me till an officer collared him—I did not see Williams at that time—when the officer came up he collared two men—I was aware there were two men in custody, but I did not see Williams till he was in the hands of the officer—I do not recollect seeing Russell come up—when Brett collared Smith and Williams, he said to me, "You have been robbed"—I looked down, and my watch and key were gone—my chain had been through my centre button hole—I saw Williams running down Bow-lane—I pursued, and caught him—I kept him till an officer came up, and handed him over to him—I had seen my watch safe in Fleet-street, and between there and Bow-lane no one had been near enough to take it.
Cross-examined by MR. PAYNE. Q. You must have been considerably mystified; you heard no noise, and did not see there were two men till they were both collared? A. No; I had had nothing but a pint of porter for my supper—I had nothing to drink in the daytime, and yet I did not see my watch taken, and did not know it was gone.
Cross-examined by MR. CHARNOCK. Q. Where were you going? A. I
was returning home to Cornhill; my nearest way was not through that court but I turned down Bow-lane because I did not wish to be seen in Cheapside with the woman—I was at the corner of the court—my shoulder was against the brickwork at the corner—I was not up the court at all.
COURT. Q. Have you told us all that passed? A. Not quite all; when Smith came and asked about Bull-yard, he repeated the question once or twice—I suppose about a minute he might have kept me in talk, and then Brett came up—when I took Williams he was running towards the Thames, Watling-street way—he had got away from Russell—I did not hear anything said by him or by Russell—it was a very short time.
JAMES RUSSELL (City policeman, 474). I was on duty in Bow-lane on Friday, 4th June—I went into George-yard, and saw Brett with Smith and Williams—he delivered them to me, and he went away—I took hold of Smith and Williams by the neck—they struggled violently, and dragged me out of George-yard into Bow-lane—I was obliged to loose Williams to secure Smith—I called to Brett that one had escaped—he asked which way he went—I said, "Down the lane," and he ran and secured him—I do not think I saw Mr. Young—my attention was engaged with the prisoners—I secured Smith, and took him to the station—in going, he tried to untie his handkerchief and take it off—he asked me if I was going to choke him.
Cross-examined by MR. PAYNE. Q. When did you see them living there? A. I have seen them coming out of that house—I think that is a month ago—it is a large house—a great many persons live in it.
DAVIS— GUILTY . Aged 22.— Confined Six Months.
SMITH*— GUILTY . Aged 24.
WILLIAMS*— GUILTY . Aged 38.
Transported for Seven Years.
ANN RILEY . I am the wife of John Riley, who keeps the Haberdashers' Arms beer shop, in Milton-street. I keep my copper money in a bag in a cupboard by the side of my bar—I had 12s. in copper in it on Monday, 17th of May—I had counted it on the Sunday evening before—I counted if again that Monday morning, about half past 9 o'clock, after the prisoner was in custody, and I missed 5s. 4 1/2 d.—I had not seen the prisoner before that, but I heard his voice in my house about 20 minutes past 8—he asked my little girl where her mother was, and said, "Will she let me have a pot of beer till dinnertime?"
ELLEN RILEY . I am the daughter of the last witness. I saw the prisoner in my mother's place on Monday morning, 17th May—he was inside the bar, where my mother used to keep her copper—I saw him take his hand from the bag, and when he got outside the door he put his hand full of coppers into his pocket—I called my mother, and ran after him—I saw him brought back.
Prisoner. Q. Did you take some money out of that bag that morning? A. Yes, 8d. for my sister and brother's school money.
JOHN HENRY SUTCH (City policeman, 116). On Monday morning, 17th May, I was on duty in Whitecross-street—I beard a cry of "Stop thief!" and saw the prisoner run out of Half Moon-alley—I followed him, and took him in Cripplegate-buildings—I took him back to the same house, and after
the charge was given by Mrs. Riley, he wanted to hand the money back to her—I said it was more than I dare to do, he must go the station—as soon as we got out, be up with his fist and struck me on the side of the neck—I found on him 5s. 6d. in copper money—this is it.
Prisoner. I was tipsy; there was a man came and put his hand into my pocket. Witness. There was a man, and I told him to keep away from you, but he did not put his hand into your pocket.
JOHN RILEY . I am the husband of Ann Riley. Among these 1d.-pieces here is one which is knocked in on one side, and out on the other—I noticed it when I was taking my coppers out—it was with the others.
Prisoner's Defence. I frequented that house when his brother kept it; I was there on the Saturday and Sunday, and stopped till a quarter before 11 o'clock at night; I changed several shillings and sixpences; when I left I had 2s. 9d. in my pocket; I went out, and saw a young man, and we stopped at a card table till 4 in the morning; I won a little more, and that was what was found on me; I was drunk at the time.
GUILTY . Aged 28.— Confined Three Months.
THIRD COURT.—Wednesday, June 16th, 1852.
PRESENT—Mr. Ald. FINNIS; Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Seventh Jury.
629. MICHAEL MEARS , stealing 8 coats, and 2 waistcoats, value 8l. 10s.; the goods of Michael Samuels, his master: also, 3 coats and 5 waistcoats, 6l.: also, 4 coats and 2 waistcoats, 4l. 15s.: also, 4 coats and 5 waistcoats, 6l. 6s.; the goods of Lawrence Hyams, his master: to which he pleaded
GUILTY . Aged 22.—The prisoner received a good character. Confined Twelve Months.
GUILTY . Aged 25.— Transported for Seven Years.
JOHN WILCOX . On 18th May, about a quarter to 12 o'clock I was standing on Tower-hill, looking at a man with glass pens, and I felt my handkerchief drawn out of my pocket—I turned round and saw the prisoner with my handkerchief in his hand; I followed him till I saw a policeman, and he took him in charge—this (produced) is my handkerchief.
Prisoner. I picked it up close to your feet. Witness. It was safe in my pocket a minute before.
JAMES THREADGOLD (City policeman, 559). I was in Lower Thames-street—the prosecutor pointed out the prisoner to me—he was running—I prisoner's Defence. I am very sorry; it has happened but once; I have been out of work four months.
GUILTY .* Aged 18.— Confined Twelve Months.
TILLMAN pleaded GUILTY . Aged 23.— Confined Six Month.
GEORGE HENRY NELSON . I am a seaman of the Azorian, which was lying at Fresh-wharf. The prisoners were also seamen there—on Monday, 17th May, I had a monkey jacket, a waistcoat, pair of trowsers, handkerchief, shirt, and a purse, containing 7s. 6d., in my chest in the forecastle—the chest was locked—they were safe when I went on shore at half past 6 o'clock—I left Tongs, Tillman, and Kilby on board—I came back at half past 12, went to my chest, found the key would not turn, and the articles and money were gone—the lock was broken—Tongs was not then on board—I saw him again on board the next afternoon—he ought to have been on board in the morning—his berth was also in the forecastle—he sleeps on board, but did not that night—these (produced) are my jacket, waistcoat, and handkerchief.
WILLIAM KILBY . I was on board the Azorian on the evening of 17th. About 8 or 9 o'clock I saw both the prisoners in the forecastle—Tillman went away for about twenty minutes, he came back, and then they both went away together—I did not notice whether they had anything with them—I saw no one else in the forecastle.
WILLIAM HAMMOND . I am assistant to a pawnbroker in the Minories. I produce the handkerchief—I took it in pledge of the two prisoners, in the name of Tongs—they were both in the shop at the time, but I cannot say which pledged it—I gave a ticket to the one who pledged it.
REUBEN KEMP (policeman). I took the prisoners on 26th May—I found seven duplicates on Tongs, which do not relate to this property—I got another from 36, Green-street, William-street, Bethnal-green-road, which does relate to the property—I do not know of Tongs being connected with that house.
TONGS— NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
ANTHONY HOLME . I manage the business of Messrs. Isaac Cookson and Co., lead merchants, of Upper Thames-street; and they also have a manufactory at Newcastle. On 5th Feb. a person of the name of Jones called on me—I first saw the defendant on 19th Feb., and in a conversation I had with him then, he referred to Jones—he said, "Were the references which my man gave you satisfactory?"—Jones was the man, and he had given me references the day before with regard to Richards—(MR. HUDDLESTON contended that anything said by Jones in Richards's absence could not be evidence. The COMMON SERJEANT was of opinion that it was admissible, the connection between them having been established)—he said he saw some sheet lead on our wharf, and he was employed by a man named Horsford, who wanted some—some lead was sold to Horsford, which was paid for—Jones came again on 17th Feb. and said he knew a Mr. Richards, a builder, in High Holborn, who was wanting sheet lead—I asked him if he was respectable—he said he had been above twenty years established in business in High Holborn as a builder;
that he had a large yard there; that he always paid cash, and that he was building twenty-seven houses out Mile End way, and he (Jones) was doing the work for Richards, and he wanted some lead immediately, as the cisterns were quite ready to be lined—I told him our terms were cash, but if he was respectable we would allow him the usual fourteen days, but for that we must have references—he said he had to see Mr. Richards, and would name to him about the references; and he also said that Mr. Richards's pay-day was on a Monday, and it would be inconvenient for him to he paying for every parcel—he gave me some references, one of which was a person named Roley, in Wine Office-court—I had not then seen this card, "Richards & Co."—I went to Roley, and made inquiries about Richards, in High Holborn—the answers I got were highly satisfactory, and in consequence I wrote this letter (read—"To Mr. William Richards. Sir,—We shall be glad to supply you with sheet and pipe lead at 17l. 17s. 6d. per ton, delivered at our wharf, less 2 1/2 discount for cash, in fourteen days from delivery. Signed, for Cookson & Co., Anthony Holme.—Addressed to 182, High Holborn")—on 19th Feb, the prisoner called; he gave me this card (read—"Richards & Co., carpenters and builders, 182, High Holborn. Funerals performed.")—I said, "I suppose you are Mr. Richards?"—he said, "Yes, I am; my name is Richards"—I said, "Your man informs me you are wanting sheet lead"—he said, "Yes, I do; I have several large jobs in hand, for which I want a large quantity;" he asked if the references he had sent by his man were satisfactory—I said the inquiries I had made were satisfactory, and we should be glad to supply him with sheet lead—he went on to state that his pay-day was Monday, and I arrainged to call on him on the first Monday after the fourteen days had expired—this was on 19th Feb.; the Monday I should have to call on would be about 8th March—he sent this order the same day—(read—"Please deliver to my carman three sheets lead; I shall require two tons pipe, but that I will send another order for; I will endeavour to call on you during the day. W. Richards")—our clerk, Sandeman, has the delivery of the lead—I gave him directions, and I know it was delivered to the carman, on account of Richards—I allowed it to go, because I believed the statements of Richards and Jones respecting the building Richards was carrying on; notwithstanding that, if the references had been unsatisfactory, I should not have allowed him to have the lead—if I had known the lead was going to be sold to some one else the same day, I would not have allowed him to have it—on 21st Feb. another order was sent amounting to about 30l.—on 24th another order, on 3rd March another, and on 6th another; all dated from 182, High Holborn (all produced)—on 8th March the account for the first lot became due, and I went with the account to 182, High Holborn; I did not see the prisoner, but he called the next day, the 9th, and stated that he understood from his man that there was three months' credit; and he took the letter, which I had written him, out of his pocket, for the purpose of proving that it was sold on three months' credit; and after he had read it, he said there must be some mistake about the terms, and that it did not make much difference to him whether he paid cash or not, and he would call the next day, at the same time, and pay for it—he did not call, and I did not see him again till he was apprehended—I received this letter from him on 11th (read—"Mr. Home. Sir,—I shall not be able to reach you to-day, and shall feel obliged by your calling to-morrow morning at 11 o'clock, and bringing the accounts with you for the other two parcels. Wm. Richards.")—I called at 182, High Holborn, but did not see him.
Cross-examined by MR. HUDDLESTON Q. What time was it you called? A. Five minutes to 12 o'clock, I believe.
Q. You were late; this is an appointment to call at 11 o'clock? A. I think it was five minutes to 11; it was five minutes before the time—I made a mistake when I said five minutes to 12; it was five minutes to 11—I stayed about five minutes—I am not certain whether I knew the number in Holborn when Jones came to me, or when I went to Mr. Roley's, or before I got the card—my impression is that I did not know it—I wrote the letter to Richards, offering to supply lead, the afternoon before I got the card—the letter is in Sandeman's writing, and has my signature to it—it is directed 182, High Holborn—it is very possible it was so directed when I signed it—I never saw Jones with Richards—I would not have supplied Richards with lead if the references had not been satisfactory, except for cash, however much he told me he had houses in hand—I did not make any inquiry about the houses—that was not entirely because I was satisfied with the references—I would not have given him credit if he had told me he had work in hand, without the references were satisfactory—I would not have had anything to do with him, except for cash down, unless the references had been satisfactory.
JOHN SANDEMAN . I am in the service of Messrs. Cookson. It is my duty to deliver goods to the orders I receive from Mr. Holmes—in consequence of orders on 19th Feb., I delivered a carman 33 cwt. of lead at 17l. 7s. 6d. a ton, amounting to about 29l.—on 21st Feb., in consequence of orders, I had to deliver anything Mr. Richards required, I delivered 26 cwt. of lead to his order—on 24th I delivered 67 cwt., value 58l.; on 3rd March I delivered 39 cwt., value 34l.; and on 6th March 51 cwt., value 45l.—the orders were all shown me at the time—I wrote the letter that has been produced—No. 182 is on the card—I had not seen the card when I wrote the letter—I had seen Jones when Mr. Holmes saw him—I do not recollect why I put 182 on the letter—I do not recollect whether that number was mentioned—I was present on 9th March, when the prisoner called—I only saw him once afterwards in a horse and gig, the same he was apprehended in ten days after.
Cross-examined. Q. Have you any doubt that the No. 182 was written when the letter was written? A. It was written at the same time—I must have known it at the time, but I do not know how.
JOHN COLLINS . I received directions from Jacques, in consequence of which I went with a man to the wharf in Thames-street—I received some lead, and was directed to take it to High Holborn—I did not take it there at all, but to Mr. Miles', in Church-street, Shoreditch—the man was with me when I received it—I do not know what became of him afterwards—I did not see him again.
JOHN SHAW . I am a carman in the employ of Jacques. On 24th Feb. I took a horse and cart to the Commercial Wharf, Thames-street, and received some lead which I took to Mr. Miles, in Shoreditch—I saw the prisoner there to the best of my belief, but cannot swear to him.
JOHN HENRY JACQUES . I went with last witness on 24th Feb.—after we had delivered the lead I saw the prisoner, to the best of my belief, standing at the corner of the street—I told him we had delivered it—I never saw him before.
some lead—I went to Camomile-street, saw the prisoner there, and he directed me to draw up at Mr. Gray's, in Camomile-street, where I unloaded the lead, and left it—the prisoner paid me the cartage—two or three days after I went to the same wharf and received another quantity of lead, which I took to the Dovor-road—I delivered two sheets there, and two in the Hackney-road—I had been directed where to take it—after I had left the lead at those two places, I saw the prisoner, and he paid the cartage.
JAMES MILES . I am a glass and lead merchant, in Church-street, Shoreditch. I know Jones, a slater—on 19th Feb. he came to me and asked if I would buy a few sheets of lead; he said he was at work for a person in High Holborn, and they were short of cash—I asked who the party was, he gave me this card (produced, similar to the other)—he asked 16l. 10s. a ton, which I gave him, with eight per cent, discount; the whole amount was 27l. 10s. 6d.—on 21st Feb. the prisoner came, handed me a similar card to the one Jones had given me, and said, "My name is Richards"—he said, "I have two or three sheets of lead for sale, are you a buyer of them"—we agreed, and I bought tbem of him at 17l. a ton—he gave me this receipt; it was filled up, and he signed it in my presence—(read: "London, 21st Feb.; received of Mr. Miles, 31l. 9s., as per bill delivered. Charles Mark ham")—I saw him fill up something, I cannot say whether it was the name or not—two or three days after that, I saw him again, and he said he had three or four more sheets on hand, and would I take them, he had a heavy job at Barking, and was short of money, and I agreed to buy them at 16l. 10s.—I received them on 24th, and paid for them on 25th—he gave me this receipt—(produced, this was for 25l. 18s. Signed, C. J. Richards)—I saw him after that; I cannot say whether it was in April or not—I did not take particular notice of what he said—I saw the officer in the mean time.
Cross-examined. Q. Did you know the man before? A. I have known Jones twelve or thirteen years, but I did not know Richards—the invoices were ready made out.
ANTHONY HOLME re-examined. I have examined these invoices, and compared them with the amounts we sent out—the weights correspond exactly, and I have seen the lead at Mr. Miles', and find it to be ours.
JOHN HARVERSON . I am in partnership with my father, in Camomile-street. On 23rd March I bought three sheets of lead, to the best of my belief of the prisoner, I cannot swear to him—I paid the money, and he gave me this receipt (produced, this was for 29l. 17s. 4d. Signed, C. J. Richards.)
JOHN HARVERSON . I am a lead merchant in the Hackney-road, and also in the Dover-road. The prisoner called on me on 6th March, and I bargained with him for some lead—I bargained first with a Mr. Milner I had known some years, and afterwards Richards called for the cash, and I paid him—the lead had then been delivered a few minutes—Milner carried on a business for me once, but I only know him by his coming at various times lately—when I paid the prisoner, he signed this receipt (produced)—I paid bim 35l. on account on 6th March; 3l. on 11th March; and 1l. 10s. 8d. on 19th; and a stamped receipt for 39l. 10s. 8d. was to have been sent—the signature appears to have been altered.
HENRY GEORGE SMITH . I know the prisoner—on 14th Feb. he signed a document, "Charles James Richards," in my presence—these "Newmarket handicap" cards (produced), signed Charles James Richards, are in his writing—he is not an ale and stout dealer at Westminster-bridge; the house belongs to me—he came to me and engaged a room to carry on a belting list in horses:—he was there five or six races, and paid over several, everybody
got their money—he paid me all but for three or four weeks, but on the morning of the "Metropolitan" they all went.
JOHN STOREY (City-policeman). In March, 1851, I knew the prisoner in the name of Joseph Mark well, and I have since heard him called Markham—I never heard of his name being Richards until he was in custody.
GUILTY .* Aged 31.— Confined Twelve Months.
GUILTY . Aged 32.— Confined Three Months.
GUILTY on 2nd COUNT . Aged 45.— Confined Six Months.
OLD COURT.—Thursday, June 17th, 1852.
PRESENT—Mr. Baron ALDERSON; Mr. Justice COLERIDGE, Mr. Ald. CHALLIS; Mr. Ald. FINNIS; and RUSSELL GURNEY, Esq.
Before Mr. Baron Alderson and the Fourth Jury.
636. GUISEPPE REMORINO and EMANUEL ANTOLA were indicted for the wilful murder of Thomas Murley; they were also charged on the Coroner's Inquisition, for feloniously killing and slaying said Thomas Murley.
MESSRS. BODKIN and CLERK conducted the Prosecution.
JAMES HUMPHREYS . I am a labourer, of Norwich-court, East Smithfield. On Sunday night, 30th May, about half-past 9 o'clock, I went to the Three Crowns public-house, East Smithfield, and stopped till about 11—Thomas Murley was with me, and Daniel Tennison—we three were drinking together—Angelina Heath, a girl of the town, was there—she was not drinking with us—I do not know that she was with any particular party—I only saw her there—there was a party of foreigners at the Three Crowns—I did not see the prisoners there—two glasses of liquor were upset on the table, and a disturbance took place between Murley and one of the foreigners—it resulted in a fight between Tennison and one of the foreigners—the girl Heath was growling and going on at Tennison, and saying they ought to know better—she did not strike them—she only scolded them, and abused Tennison—the landlord turned the whole party out of the house—I do not know whether one of the foreigners got a blow at that time—Tennison and me then went to the One Crown, in Butler's-buildings, East Smithfield—Brown Bear-alley crosses Butler's-buildings—a man named Conolly came in, and I asked him to drink—the foreigners were there, but neither of the risoners—I was there drinking a couple of hours, till twenty minutes past 1 on Monday morning, when we all four came out into Brown Bear-alley, where Conolly lived—I saw Angelina standing at the door of No. 5—that was not Conolly's house—he lives at No. 6, next door—Tennison went up and spoke to her—she said something to him, and I heard him say he would spit in her eye if she did not leave him alone—he was drunk—I cannot say whether she was sober—she had spoken to him in the Three Crowns—when he said that to her, I saw Guiseppe standing by himself behind Angelina, in the middle of Brown Bear-alley—he was near enough to hear what Tennison said to her—Conolly went from his own steps, put his arm round Tennison's waist, and
said, "Now then, I won't leave you till I get you home"—Conolly was sober—while he had hold of Tennison by the waist, I saw Antola come out with a poker from No. 6 passage on the opposite side of the alley to which Angelina was standing—he struck Conolly across the back with the poker as he had hold of Tennison—his back was towards Antola—Murley ran to Antola, laid hold of the poker, and pulled it out of his hand—he came back about six feet from No. 6 door, with the poker in his hand, towards the top of the court—that was further from No. 5 than he had been before—when Murley took the poker away, Remorino was standing across the gutter on the other side of the court, against No. 5 door, and he ran up and hit Murley underhanded in the stomach; I mean upwards—that was before Murley had gone the six feet up the court—it was just as he had got the poker from Antola—he came back with the poker in his hand—Mrs. Wallis came to him and said, "Murley, that is my poker"—he said, "Take it, I am stabbed"—I pulled his trowsers down, lifted his shirt up, and saw blood running down his belly, and his entrails coming out—I led him away, met a policeman, and told him—I set Murley down under a chandler's shop-window, and went with the policeman to the place where the stab bad taken place, but the prisoners were gone—on the Monday morning the girls gave us some information, and we ran and took Antola—he was taken to the hospital, and I went with him.
Cross-examined by MR. ROBINSON. Q. You went into the Three Crowns about half-past 9 o'clock? A. About 10 o'clock—I remained till about 11—I had been drinking during that time—I did not see Guiseppe till I saw him in the alley, standing at the door—I did not go out of the One Crown till we all went out together—I do not know of a disturbance in the court a short time before we came out—Murley bad had a little, but was not intoxicated—the court is very narrow at the bottom, about twelve yards, and then it begins to get wider—I mean the place leading to East Smithfield is narrow—there is a lamp in it, at the top, which faces you as you go up the court out of East Smithfield—it is near to where the man was stabbed—it is over the chandler's shop.
COURT. Q. How many houses are there from No. 5 to the top of the court? A. No. 6 is the corner.
ANGELINA HEATH . I know Guiseppe—we call him Joseph—I had been living with him for a fortnight at No. 7, Brown Bear-alley—he is a sailor—I knew him before he went away on his last voyage—I was at the Three Crowns on this night—I went about 6 o'clock, and remained till twelve—there was some quarrelling there, and a fight—I do not know who was fighting—I was in liquor—I do not remember seeing the prisoners there—several of the girls and me went for a policeman, as one of the foreigners had a black eye, and the landsmen were fighting—when I came back they were gone—I staid there till 12, and then went away to go home to No. 7, Green-yard, where I live—I had to go through the alley to get there—I was able to walk home without assistance—I went to the One Crown to fetch some beer for a young woman who asked for it, and saw Joseph standing at his boarding-house door, No. 7, Brown Bear-alley—I was not living with him then; it was three weeks before—I used not to live with him, and eat and drink with him; he only stopped with me of an evening—I went into No. 6 to have some of the beer which I had fetched—I know Tennison—I do not remember seeing him that evening—I do not remember a quarrel between him and me, or his saying anything impudent to me—I heard a
noise outside, and heard them call "Police!" and heard Murley was stabbed—Guiseppe used always to be sky-larking in the court.
Cross-examined by MR. ROINSON. Q. Were there a great many people in the court at the time? A. Yes; I was followed into the court, I do not know who by.
WILLIAM CONOLLY . I am a carman. I lived at 6, Brown Bear-alley, in May—there are two Nos. 6, almost opposite one another, my No. 6 is not next to No. 7, it is the corner house—Joseph used to lodge at the smith's at No. 7, the house opposite mine—you go under a gateway, and through a yard to get into the houses, on one side of Brown Bear-alley—I was at the One Crown late on this Sunday night, with Murley and Tennison—I left between 1 and 2 o'clock on Monday morning, and went into Brown Bear-alley to go home—I saw Angelina Heath in the alley—Tennison went up to her and said he would spit in her eye—he was drunk, and so was she—Murley had been drinking, but was not drunk—when Tennison said that to her, I went up and tried to get him away—I put my arms round his waist and said I could not leave him till he went home—I did that because he went and spat in Angelina's eye, and he wanted to stay; I do not know for what purpose—I only heard him say he would spit in her eye, and I laid hold of him—Antola came up to me and hit me across the shoulder with a poker—he came out of the yard of No. 6, on the other side, not my No. 6—I was frightened, and let go of Tennison, and ran up stairs to my own bouse—I do not know where Murley was then—I heard a cry in the alley, and came down again into the alley—almost immediately afterwards I heard somebody say Murley was stabbed—I saw a policeman there—the deceased was standing against Mr. Williams', the grocer's, shop—the prisoners were gone—I and the constable searched No. 6 and No. 7, to see if we could find the poker.
Cross-examined by MR. ROBINSON. Q. When Antola had the poker, I believe Murley rushed at him, and took it from him? A. I do not know, I did not see that—Tennison does not live in the court—Murley does—I saw nothing of a previous row in the court—I did not see Remorino struck at all.
MR. CLERK. Q. Do you know where Remorino lived at this time? A. In a court opposite St. Katherine's Docks—he was not obliged to go through Brown Bear-alley on his way home, to get into Smithfield—he could go that way, or he could go the other, there is not above ten or twelve yards difference—Tennison lived at the left hand side of the Crown, in Cart-wright-street—he could turn to the left to go home—that court leads into Smithfield.
Cross-examined by MR. PARRY. Q. Humphreys did not live in the court? A. No; he lives in the next court, I believe, to Murley—he had come to bid me good night—Tennison did not live a great way off—there were a great number of persons in the court when I went up stairs—the most of them were women.
ELLEN RILEY . I lived at 6, Brown Bear-alley, when this happened, the No. 6 opposite Conolly's—I was outside my door and saw Angelina there—she was in liquor—I was sober—Tennison was there—he was tipsy—he told Angelina if she did not mind her own business he would serve her out for it—I had known Joseph for about a fortnight, but had not seen Antola till about twenty minutes past 12 o'clock that Sunday night, inside the Crown—I knew of Joseph living with Angelina—about half past 12 I saw Antola in Brown Bear-alley—he had nothing in his hand then, but I saw him giving a knife to Joseph—it was shut—Joseph put it in his pocket—that
was at the time that Tennison and Angelina were having a few words—about a minute after Antola had given Joseph the knife he went into No. 6, and returned immediately with a poker, ran over and struck Conolly over the shoulder with it—at that time Conolly was standing at his own door looking at the row, and Tennison was right opposite No. 6 where I live, with Angelina—I mean to tell the Court and Jury, that at the time the blow was given Conolly was standing doing nothing at his own door—Tennison was about a yard from him—I did not see anybody lay hold of Tennison—when Conolly was struck he turned round and said, "Oh my, who is it that has hit me with the poker?" and Thomas Murley ran and took the poker out of Antola's hand—on that I saw Joseph put his hand in his pocket, run up, and pull out a shut up knife—he ran towards Murley with the knife open in his hand, and when I saw that, I turned my head on one side, and Murley complained of being stabbed—before Antola went in for the poker I saw him with a little cane in his hand—he struck Murley over the bead with it, and Murley took it from him and hit him again, and then he went into No. 6 and got the poker—the blow with the cane was before he gave the knife to Joseph.
Cross-examined by MR. ROBINSON. Q. You did not hear Tennison say anything to Angelina? A. No; I did not hear him say he would knock her b—eye out, or any of her b—foreigners'; nor did I hear him call the foreigners Spaniards or Greeks—I was standing quite close when Antola gave the knife to Remorino.
ELLEN WALLIS . I am married. I furnish three lodging houses in Brown Bear-alley, and let them out at 7s. a week to sailors and girls—I live at 16, Crown-court—I was at the door of 2, Brown Bear-alley on this night, about 10 o'clock, or a quarter past—that is one of my houses—I heard screams, and heard Angelina and another young girl say, "Oh, please lock them up; lock them up!"—I saw people coming down the alley, as if they were coming from the One Crown—one of the girls named Riley went and called "Police!" and Taylor came with her, and cleared them away—I know Joseph; I did not see him in the crowd—I saw Antola—I did not see Tennison then, but he came five or six minutes afterwards, and made use of bad language—I did not see Murley there—I saw Angelina there—Tennison came up to her with his fists shut, and said he would knock her eye out, or any of her foreigners, with his fist—I was standing in Conolly's passage when he came and shoved off his hat, and put it in at the door, and I was knocked down by the shove he gave me—I saw Antola with something in his hands; what weapon it was I do not know—I went up to the man who is dead, and said, "Please, Murley, give me that poker; it is mine"—he leant in this way, and said, "Oh! I am stabbed"—I did not see where he got the poker from, there was great confusion—the poker came out of one of my houses, No. 6.
Cross-examined by MR. ROBINSON. Q. Did you hear other people speak about foreigners? A. No; I came out of my house in consequence of the row, when I heard "Police!" called, and I told Riley to go and call a policeman.
ELIZA SMITH . I was servant at 5, Brown Bear-alley. I was sitting on the step of the door when this disturbance was going on—I saw Tennison; he was very tipsy—I heard him say, "Now, Angelina, if you don't be quiet, I will spit in your eye"—she was very tipsy—when Tennison said that to her, Conolly ran up, put his arras round Tennison's waist, and tried to take him away—before that, the prisoners were standing at No. 5, not above two yards from me—I think they were near enough to hear what Tennison said
to Angelina—I saw Antola strike Conolly across the back with a poker, when he was trying to take Tennison away—Murley tried to take the poker out of Antola's hand immediately on his striking Conolly, but he did not get the poker then, Antola would not let him have it, and there was a struggle for it—Joseph then asked Antola for the knife, and he gave it to him—he asked in English—he can talk very good English—he said, "Give me the knife"—it was shut; he opened it about two minutes after wards, and ran up towards the crowd of people—I did not see Murley there when Joseph ran up with the knife—I did not take notice; I sat still on the steps—I heard people say, "Oh! he is stabbed; he is stabbed!"
Cross-examined by MR. ROBINSON. Q. What did he do with the knife when it was given to him; did not he put it in his pocket? A. Yes; I did not see Murley then; I saw him go towards the crowd.
HENRY TAYLOR (policeman, H 91). On Monday, 31st May, I was on duty in the neighbourhood of Brown Bear-alley about 1 o'clock in the morning—I heard a disturbance in Butler's-buildings and Brown Bear-alley, close to the One Crown—I saw two foreign sailors there, not the prisoners; one had got a blow on his eye, which looked very red, as if it was just done; they were quarrelling with some landsmen—I got them to go away—Angelina was there, and she was giving them in charge—I do not know what they said—this was in East Smithfield, 300 or 400 yards from the Three Crowns; it was close to the One Crown—about ten minutes after I got the foreigners to, go away, I was getting a man away who had struck the foreigner, who had got the black eye; and I heard cries of "Murder!" and "Police!" in Brown Bear-alley—I ran there, and as I got to the entrance three men passed me; they were running—I did not stop them, as there was no cry to do so—there was not room for two persons to pass—I turned, to allow them to pass, and saw that one of them was Antola—when I got up I found Murley wounded; he was not able to walk, and was taken on a stretcher to the London Hospital.
Cross-examined by MR. ROBINSON. Q. Do you know enough of the first row to know that it was the landsmen against the foreigners? A. The man I got away said he did not care for the b—y foreigners, and some of the others called him a duffer.
ROBERT PENN (policeman, H 198). I was on duty, and assisted in taking the deceased to the station, and from there to the London Hospital—Antola was taken about an hour afterwards—I was at the London Hospital when he was brought into the ward where the wounded man, Murley, was—previous my taking Murley to the hospital, he said, "I am dying"—he appeared to be serious at that time—I took him to the hospital, undressed him, put him to bed, and the surgeon saw him—he said nothing more about dying—what he did say was before the surgeon had seen him, and before he came to the hospital—he appeared in a fainting state when I took him there—I noticed the wound—his bowels were partly out—he was bleeding very furiously—when Antola was brought before Murley, Murley said, "That is the man that handed the knife to the other man that stabbed me."
Cross-examined by MR. ROBINSON Q. You saw Guiseppeat the station-house? A. Not till after he came back from the hospital; there was just a small bruise on his eye.
JOHN ARMSTRONG (police-sergeant, H 25). I apprehended Guiseppe on the 31st May, about 4 o'clock in the morning—I searched him, and found this knife (produced) in his trowsers pocket—it was not open—I saw marks on it of blood, apparently—I told him I took him for stabbing two men who were in the London Hospital—he pointed to his head, and said some
Englishmen struck him on the head with a stick—he spoke English rather imperfectly, but I perfectly understood what he said—there was a slight mark on his forehead—I took him to the London Hospital, where Murley was in bed, about half-past 4 o'clock—I asked Murley if he knew him—he said, "Yes; that is the man who stabbed me with the knife"—Guiseppe spoke in Italian, and I could not understand what he said.
RIDLEY PORTER . I am a surgeon of the London Hospital. The deceased was brought there about half-past 2 o'clock in the morning—he died there about 10 minutes past 12 that night, from a wound on the lower part of his person, from which the bowels were protruding to the extent of four inches—there was hope of recovery, but it very seldom happens—it was a wound which might have been inflicted with a knife of this kind.
MR. ROBINSON to JAMES HUMPHREYS. Q. What sized man was the deceased? A. He was a little taller than me, and stouter than me; he was a very strong man.
ANTOLA— GUILTY . Aged 22.
REMORINO— GUILTY . Aged 20.
Confined Two Years.
637. MARGARET WHITPAN was indicted for the wilful murder of her new-born child. She was also charged on the Coroner's Inquisition with killing and slaying.— The particulars of this case were not of a nature for publication.
GUILTY of Concealing the Birth. — Confined Two Years.
NEW COURT.—Thursday, June 17th, 1852.
PRESENT—Mr. RECORDER; Mr. Ald. FINNIS; and Mr. Ald. CUBITT.
Before Mr. Recorder, and the Sixth Jury.
TOWNSEND pleaded GUILTY . Aged 21.— Transported for Seven Years.
SMITH pleaded GUILTY . Aged 22.— Confined Twelve Months.
GUILTY .— Confined Twelve Months.
MR. HUDDLESTON conducted the Prosecution.
CLENDON TURBERVILLE DAUKES . I am partner with Mr. Rudduck; we are porter merchants, at Exeter-hall Vaults, Strand. The prisoner was our clerk; it was his duty to receive money, and account for it the next morning to my partner—he had a rough cash book in which he was to enter the sums he received—on 15th March some communication had been made to me with reference to what I imagined an inaccuracy in the prisoner's account—I called the prisoner into the counting house, and told him I could not admit of such inaccuracy, and therefore I should dismiss him—I told him what I had discovered—two small amounts—I said, having discovered that he had received money, and not entered it, and not handed it over to my partner, I considered him inaccurate, and therefore should dismiss him—he said he hoped I did not
consider him dishonest—I said no, I had no reason to suppose he was—he said, "Don't suppose, Sir, that I am guilty of fraud"—he seemed very indignant, and said the least I could do, dismissing him so suddenly, would be to give him a year's salary, he having been of great service to me—I said certainly not, he was legally entitled to a quarter's salary, and dismissing him suddenly I should pay him that—I told him to fetch a receipt, and I gave him a check for 35l.—he gave me this receipt, "Received of Messrs. Daukes and Rudduck, 35l.: 5l. being the balance of my salary to March 1852, and the remainder one quarter's salary paid to me in lieu of notice"—he then said, "Before I leave you, Sir, will you give me up the security which you hold from the Guarantee Society?"—I held a security from the Guarantee Society—I asked the prisoner whether his cash in his box was correct, he said yes it was—when he asked about the security, I said it required consideration in giving up a document of such importance, I should consider of it—I told him I had no objection to meet him the next morning, and tell him what I should do—I appointed to meet him at my partner's, Mr. Rudduck's—I met him the next day at 1 o'clock, at Mr. Rudduck's—I said the object of his visit was to know whether I should give up the security; I told him I had determined to retain it—he said he was very sorry indeed to inform me that it was not only the trifling sum already stated, but a considerable sum of money, and he urged me not to apply to the Guarantee Society, as it would be his ruin; he had said on the previous day that he should apply to the Guarantee Society to show them for what a trivial cause he had been dismissed—on this day he told me there were further sums, and urged me not to apply to the Guarantee Society—I said, "Well, what was the cause of your taking this money?"—he said he had suffered a great deal of deprivation, he was extremely sorry, and be would not do so again—I said, "Well, of course, if you are penitent, you have brought me back the check that I gave you yesterday?"—he said he had spent it, but he had a few pounds left, if I liked to take that—I said, "Certainly not"—I said he was a rogue, and I should immediately apply to the Guarantee Society, and leave the matter with them—I did apply to them—I saw the prisoner afterwards, he called at Mr. Rudduck's chambers—he said he had received a notice from the Guarantee Society, and the least he could do would be to put our books straight—he gave me a list of the sums which I have here—he makes it a total of 99l. 8s. 2d., but it is wrongly added up; it ought to be 115l. 18s. 2d.; and beside that, there was 7l. 10s. deficient in the cash—this list does not contain the names of Wilcox or Cope—I find the name of Street here—I produce the rough cash book in which it was the prisoner's duty to enter the sums which he received—I do not find here, 59l. 10s., received on the 25th of Sept., from Mr. Street—on the 27th of Sept. I find an entry of a sum of money paid bv Mr. Street: the Trevor Arms, 32l. 8s.; The Prince's Head, 12l. 4s. 3d.; making a total of 44l. 12s. 3d.—there is no entry of 1l. 3s. received from Mr. Cope, on the 23rd Dec.—nor of 2l. 16s. received from Mr. Wilcox on the 5th Dec.—if the prisoner had received these sums it was his duty to enter them in this book—he ought to have had in his box for petty cash, 5l. And 3l.—the deficiency there was 7l. 10s.; the 10s. was a memorandum between ourselves, and some money borrowed the day before he went away.
Cross-examined by MR. BALLANTINE. Q. Are the sums which you charge him with embezzling contained in this list? A. One is; the other two are not—Mr. Wilcox, 2l. 16s.; and Mr. Cope, 1l. 3s.—that was the sum I originally found out—I found out Mr. Wilcox afterwards—these words on the list, "I believe this is correct," are the prisoner's writing—after this
account, which is wrongly added up, had been given, it was added up again—I cannot say by whom—it was not added up by himself—he added it up originally wrong—he added this 7l. 10s. at the bottom, of his own accord—I said, "This list is not correct; there is the amount you have taken out of the cash-box;" and he added that afterwards—the amount he took out of the cash-box would be an amount which he would be bound to account to me for the expenditure of—the original matter was on the 15th March—I forget the exact day he was given into custody—I do not know the whole amount of the defalcations—I forget the exact time he brought this account—I think it was about three days after I dismissed him—he brought it about the 18th or 19th March—I did not give him into custody at once, because the Guarantee Company had given a guarantee—it was not because I could not get the money out of the Guarantee Society that I prosecuted this man, certainly not—the Guarantee Society desired me to prosecute—by the arrangement, if they require it, I prosecute him.
Q. Am I to understand that the Guarantee Society are prosecuting this case, or where is the money to come from? A. I pay—I am the prosecutor; I shall have to pay for it—I am charging him myself of my own free will—I did not do so in March, because the matter was left with the Guarantee Society—I do not know whether any one is here from them—they have an attorney, Mr. Cotton.
Q. Is there any arrangement who is to pay, or do you expect to get your money back from the Society? A. I expect I shall—that is not the reason why I am prosecuting—the matter is left in their hands—my object in prosecuting is not to get the money—I do not suppose I should get the money if I did not prosecute—the prisoner said, "The least you can do is to give me a year's salary"—I said no; I should give him a quarter's salary—there was 1l. or 2l. due to him for commission—he had a few friends on whose custom I allowed him a commission—I met bim by appointment the day after this check had been given; but not to go through the account—I owed his cash-box 10s.—he had lent me 10s. petty cash—when he brought this list, with the account of the defalcations, his wife was with him—he told me that she had been extremely ill—he told me that the defalcation had taken place in consequence of the pressure arising from it, and in consequence of some litigation he had relative to an estate in Ireland—I think he told me likewise that they had been to his attorney's endeavouring to make arrangements to raise money—he said something about it with a view to paying off all these things—I forget the name of the person he referred to—when he brought this list, the 7l. 10s. was added to it—5l. was petty cash, and 3l. was lent to him to pay his guarantee security, which he paid himself—the guarantee security is 3l. a year—it was lent to him, and he gave my partner an I O U for 3l. to pay his guarantee, and an I O U for 5l. to pay office expenses; and then I had given him an I O U for 10s.—I did not tell him to write at the bottom of the list that he had received the check for 35l. fraudulently, and under false pretences—I said, "This is not a correct list; you received 35l. of me under false pretences, and now in pretending to render a correct account, you don't choose to do so"—I did not desire him to add that at the bottom of the list—his wife did not say, "Surely, gentlemen, you cannot wish my husband to appear worse than he is?"—she kept on urging me not to carry the matter further—she was very much grieved—I did not desire the prisoner to add the 35l. to the list—I merely said that it was not there—I had not numerous negotiations with the Guarantee Society—we called on them to let them know it—I did not try to get the money
from them, certainly not—I bad not in the meantime communication with the prisoner—I never saw him at all.
Q. If the Guarantee Society had paid you the money, should we have heard of the matter? A. Yes; if I had not depended on them in some measure, and if the matter had not been left to them, I should have prosecuted him at once—when he came to us he had a very good character—his character was at the foot of the guarantee—I had not heard of his having property in Ireland.
MR. HUDDLESTON. Q. Did he bring the list ready written out? A. No; he made it out from our books—the books were brought, and he made it out there—I believe the master pays the expenses up to the time of the committal, and the Guarantee Society the expenses of the trial—that I have understood is the case.
COURT. Q. What was the reason that the Guarantee Society kept it in abeyance from March till June? A. Mr. Cotton said they had been trying to find out his character; they require prosecution—I do not know that they require conviction.
MR. BALLANTINE. Q. Do not you know that it was arranged that a mortgage should be given of the property of this man, and that his brother should join in the guarantee, and was there not a document brought to your house by Mr. Chantler? A. No; he called on me.
JAMES ROBERT STREET . I keep the Prince's Head, in Buckingham-street, and the Trevor Arms, at Knightsbridge. I am a customer of the prosecutors—on 25th Sept. I paid the prisoner 59l. 10s., by a check, which has come back to me through the bankers—this is it—I know the prisoner's writing—this indorsement on the back of it is his writing.
JOSEPH WILLIAM WILCOX . I keep the Green Dragon, in Maddox-street. I had goods to the amount of 2l. 16s. from the prosecutors—I paid that sum to the prisoner on 5th Dec.—he gave me a receipt for it—this is it.
WILLIAM PAGE . I am a porter, in the service of the prosecutors. This is a book in which I make entries of moneys I receive—I received of the last witness 1l. 3s.—I entered it in the book, and gave that sum to the prisoner that day—I wrote the amount of the money in the book, and the prisoner signed it—this is it, signed across the book.
GEORGE RUDDUCK . I am partner with Mr. Daukes. The prisoner was in our employ—it was his duty to receive money, to enter it in the cash-book, and to pay it to me the next day—I have searched this rough cash-book—I find no entry of these three sums—I have never received either of them.
Cross-examined. Q. Where would they be entered from the rough cash-book? A. In a petty cash-book; the prisoner kept the rough cash-book—he brought it to me in the morning.
MR. HUDDLESTON. Q. Did you post it in your cash-book from'the rough cash-book? A. Yes; I have it here—here is no entry of these sums.
GUILTY. Aged 30.—Recommended to mercy by the Jury. — Confined Six Months.
MR. COOPER conducted the Prosecution.
ROBERT CROOT . I live in Maiden-lane, Islington. On 4th June I had a gray mare—she was blind with one eye, and had a scar on the near leg behind—I gave her that day to Robinson, to sell her, and bring me the
money or the mare—I saw no more of her till Sunday, 6th June, when I went to Barnet—I took possession of her on the Monday—it was my mare—I met the prisoners at Barnet.
ROBERT ROBINSON . I am a pig jobber, and sometimes a seller of horses. On 4th June Mr. Croot handed over his mare to me, for sale—I took her to Mr. Osborne's—he was not at home—I gave it to Saunders, about 6 o'clock that evening—next morning I went with Saunders to Copenhagen-fields—I did not find the mare—I found her afterwards at Barnet.
JAMES SAUNDERS . I was in Mr. Robinson's employ on 4th June. He gave me a grey mare, about half-past 5 o'clock—I took her to Copenhagen-fields, and turned her out—I went next morning, and she was gone.
WILLIAM SOUTH . I am ostler, at the Robin Hood public-house, at Potter's Bar, South Mimms, on the Barnet road. On Saturday morning, 5th June, the prisoner Wright came with a grey mare, about 8 o'clock in the morning, and about 10 the next day the two prisoners came together—they did not stop above a quarter of an hour—Wright gave me 2d. for the horse—they went away together.
Cross-examined by MR. HORRY. Q. Wright came first at 3 o'clock in the morning? A. Yes, and Sibley came about 10.
JAMES BARTLETT . I am a horse slaughterer, at South Mimms. On the morning of 5th June Wright and Sawyer, who is now called Sibley, came to my door with a gray mare—Wright said he brought it from Stevenage, to make the best he could of it—I gave 30s. for it—I gave the money to Sibley—both the prisoners were there at the time—they went to a public-house, and had some beer—I went with them—the mare was afterwards owned, and taken away.
Cross-examined. Q. You have frequently bought horses of Wright? A. Yes; I never saw Sibley before, to my knowledge.
THOMAS BRETT (policeman, S 144). On Saturday evening, 5th June, I went with Mr. Bartlett to London, in search of two men who had sold a horse—I found the prisoners in a coffee-shop, at the back of King's Cross—I took them into custody—I told them I wanted them about the horse they had sold in the morning—I afterwards saw the mare, and produced her at the office.
Sibley. On Saturday morning I was at work; I was sent for, and told that Wright wanted to see me; I went, and saw him; he said he had got a horse to sell; he told me to take it to Mr. Bartlett, and get what I could for it; he gave me half a crown for my day's work.
(Wright was further charged with having been before convicted.)
WILLIAM FLETCHER (policeman, N 327). I produce a certificate of Wright's former conviction—(read—Convicted, at Hertford, 23rd Nov., 1837, for stealing a teapot, a waiter, and other articles of his mistress; confined four months, one week in each month solitary)—Wright is the person.
SIBLEY— NOT GUILTY .
WRIGHT— GUILTY . Aged 27.— Confined Twelve Months.
MR. ROBINSON conducted the Prosecution.
WILLIAM COLE . I live in Great James-street, Islington. I have known the prisoners some time—on 18th May, I had been drinking with them at two places—I left them about a quarter before 1 o'clock in the morning—there had been no quarrel between us—when I left them I went
to my sister's in Hemmings-building's, about one hundred yards from where we had been drinking—when I got there, my sister went out to Wood's pie shop to get some pies—when she came back and got to the door I heard both the prisoners were threatening that they would stick her, unless she let them into the house—I went out to protect her—I caught hold of both the prisoners—I did not strike them—we fell, Stockbridge was the undermost—I was on the top of him, and Darvill on the top of me—Stockbridge stabbed me in the back of my neck—I caught hold of him, and would not let him cut me any more—here is the wound at the back of my ear—it bled very much—I was much injured—it was only last week I went to work—I was attended by a medical man—Darvill cut me in the hand in several places—I got up and went into the house—I was taken to the station, and from there to a medical man.
Cross-examined by MR. GIFFORD. Q. How long had you been drinking with these persons? A. From a little after 11 o'clock—we were turned out at half past 12, and I went with two other parties to another public house, and staid there till a quarter before 1—only a few minutes elapsed after I left the public house till I found the prisoners at my door, having a quarrel between themselves and my sister—I went out, I caught hold of Stockbridge to keep him from striking my sister; in the scuffle we fell, and Stockbridge cut my bead with a knife—I am sure it was him, as I caught hold of his arm directly—I did not see a knife in his band—I do not think there was any blow before this took place.
Darvill. Q. How did you get away? A. I got up and walked away—you did not lay hold of Stockbridge while I got away.
ESTHER COLE . I am a sister of the last witness, and live in Hemmings-buildings—I recollect my brother coming home, and I went out for some pies—I saw the prisoners; I heard them say they would go after my brother—I followed them—when I got in I took off my bonnet and shawl—the prisoners came and knocked at the door, they asked for my brother—I told them he was not at home—they said I was a liar, and if I did not let them in they would stick me with a knife—Stockbridge opened a knife at the door—my brother came to the door, and they said they would murder him if they got hold of him—Stockbridge said that, not Darvill—my brother came to the door and Stockbridge came up, and they had a bit of a scuffle—they fell, and my brother said, "They are sticking a knife in me"—Stockbridge was under my brother, and Darvill on the top of him—while my brother was on the ground they stuck him in the head, and also in the hand—after Darvill had stuck my brother he ran after me—I ran into a neighbour's house—there had been no quarrel between us—they asked for my brother, and as I would not let them in they tried to pick a quarrel with me.
Cross-examined. Q. How near were you to them? A. Within two yards—this was about twenty yards from a lamp.
LOUISA SMITH . I lodge with the last witness—I recollect on that morning seeing the scuffle with Cole and the two prisoners; they came to the door, and Esther Cole said her brother was not there—Stockbridge said it was a lie he could hear him in the parlour, and if she did not let him in he would stick a knife in her—William Cole came out, and Stockbridge laid hold of him—they fell down, and Darvill fell on the top of him—I saw Darvill stick him in the back with a knife—it went in his clothes, not in the flesh—Darvill said he would stick any one who came near him.
the prosecutor bleeding from the neck; he said Stockbridge had stabbed him—I took Stockbridge in custody—I did not see Darvill at that time—I came back, and searched about and found this knife in Chapel-street—it was open—I saw Darvill afterwards—the prisoners had been drinking, but were not drunk—Cole was quite sober.
COURT to WILLIAM COLE. Q. What wounds had you? A. One in my neck and one or two on my hand—the skin was cut on my hand.
GUILTY of Unlawfully Wounding.
Confined Four Months each.
THIRD COURT—Thursday, June 17th, 1852.
PRESENT—Mr. Ald. FINNIS; Mr. Ald. CARTER; Mr. Ald. CUBITT; Mr. COMMON SERJEANT; and RUSSELL GURNEY, Esq.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY . Aged 29.— Confined Eight Months.
GUILTY . Aged 27.— Confined Three Months.
GUILTY . Aged 22.— Confined Three Weeks.
GUILTY.— Judgment Respited.
JANE WYATT . I am single, and lodge at the Queen's Head beershop, Hillingdon. On 11th June, between 3 and 4 o'clock in the afternoon, I was sitting in the taproom, and laid a half crown on the table—the prisoner was there, and no one else—he asked me to draw him some beer, and I left the room for it, leaving the half crown on the table—I was not gone five minutes, I brought the beer back, found the prisoner there, and the half crown was gone—I told him some one must have taken it—the landlady, Mrs. Tuckwell, came in, and the prisoner said he had not a farthing of money—he went away in five minutes—I knew him before.
Prisoner. Q. Did you not go out in the village, leaving the half crown there? A. No.
THOMAS HOMEWOOD . I keep an inn, at Hillingdon. I know the prisoner very well—on 11th June, about 4 o'clock in the afternoon, he came to my place and had a pint of beer; be gave me a half crown in payment, and I gave him the change—I have known him nearly thirty years; he has been cowman to a lady in the neighbourhood, and saved a little money, which he
has been living on since her death—if he has done this, it is through poverty—he bears a very excellent character.
JOSHUA TURTON (policeman, T 93). I took the prisoner about 10 o'clock in the evening—Wyatt charged him with stealing a half crown that day—he said he had no money at all; he had not had a half crown that day, and had not changed one—I searched him, and found a fourpenny piece in his hat, and fourpenny-worth of halfpence.
Prisoner's Defence. I was working at the Red Lion, and got the half crown for my labour.
GUILTY . Aged 55.— Confined One Month.
MR. BIRNIE conducted the Prosecution.
JAMES FIELDING . I am a butcher, at 8, Brownlow-street, Dalston. I knew the prisoner, as servant to Mrs. Pryor, a customer of mine—on 25th May she came to my shop, said she wanted two chops, and gave me this check—(read—"Union Bank of London. Pay 2l. to—, or bearer,—Signed. Isabel Pryor.")—I gave her the change, 1l. 19s. 4d.—I paid the check away in Smithfield on the following Friday, and it came back marked, as being forged—I went to the prisoner's mistress, and charged the prisoner with it, she denied it, and I gave her into custody.
Prisoner. I own I changed the checks; they were given me by the charwoman, Mrs. Tenpenny. Witness. I know the charwoman; she goes occasionally to Mrs. Pryor's—she was not with the prisoner when she changed the checks.
ISABEL PRYOR . I am a widow, and live at Dalston; the prisoner was in my service. I deal with Mr. Fielding, the butcher—I have an account with the Union Bank of London—the signature to this check is not mine, and I did not authorise the prisoner, or any one, to sign it—I have sent checks by the prisoner to Mr. Fielding, but at this time I did not owe him anything—I have missed four blank checks from my check book, they have been torn out entirely, but the figures on these correspond with my book—on 12th May I left my check book lying on the drawing room table—I believe this check to be in the prisoner's writing.
COURT. Q. Do you sometimes employ Mrs. Tenpenny? A. Yes; but I did not at this time.
SAMUEL CRISP (policeman, N 226). The prisoner was given into my custody on 31st May, by Mr. Fielding—when the charge was entered against her at the station, she denied knowing anything about it—I produce the check—I received it from Mr. Fielding.
Prisoner's Defence. Mrs. Tenpenny tore them out, and told me to change them, and I gave her the money.
GUILTY . Aged 19.— Transported for Seven Years.
(There was another indictment against the prisoner for a like offence.)
MARY GORING . I live at Westbourne-mews; the prisoner is my cousin's husband; they live in the same house as me. Last May twelvemonths, Mr. Yule, of Pimlico, gave me some duplicates to take care of for him—I kept them locked up in my box, and returned them all but one to him—I had that
one safe on 14th April, and I wrote a letter to Mr. Yule, and put the duplicate in it—I did not direct or stamp the letter, and I do not know whether I sealed it or not—I gave the letter to the prisoner, and requested him to stamp and direct it to Mr. Yule, and post it—I told him not to lose any time in posting it, as it was out of date, and if the person it belonged to did not redeem it, it would be lost—I saw him afterwards, and said, "James, have you posted that letter?"—he said, "Yes, I have."
Cross-examined by MR. LILLEY. Q. I believe you have said your memory is not good on this matter? A. I remember all the circumstances; Mr. Yule is a pianoforte maker—he was going into the country, and knowing me many years he sent the tickets to me, and requested me to see after them as they were going out of date—there were about twenty of them; he sent me up Post-office orders to see after them with—I wrote the letter, but I did not direct it, as I am a very bad writer, and I thought a man's hand would be more legible—I cannot remember whether I sealed it, or not—I told the prisoner that if it was not posted then it would be of no use—I have not, at any time, said that which was different—I was examined before the Magistrate—this is my signature to the deposition—I suppose it was read over to mebefore I signed it. (The witness's deposition being read, stated:—"I am not certain that I sealed it;" "I believe the prisoner was aware there was a duplicate in it, but I said nothing about it;" "I believe I sealed the letter.") The prisoner was aware there was a ticket in it—I have not been talking it over with any one since—Mr. Yule had then returned to town, but I did not know his private address; Horseferry-road is his public address—I know now that he lives at 28, Pulford-street, Millbank—I always understood that if a ticket was out of time the articles became forfeited—the articles mentioned in this duplicate were out of time.
PETER YULE . I live in Pulford-street, Pimlico, and am in the employ of Messrs. Broadwood, pianoforte makers, Horseferry-road, Westminster. About a year ago I sent Mary Goring some duplicates to take care of for me, and from time to time had them back all but one, which was for a silver watch and chain pawned at Mr. Dobree's, in Charlotte-street, Fitzroy-square—I have since seen that in the pawnbroker's hands—I am disposed to say this (produced by Bliss) is it—it is the same handwriting, and for the same articles.
Cross-examined. Q. You do not say positively that the ticket was ever yours? A. There is no private mark on it.
COURT. Q. What name has the ticket? A. Thompson; that is the name in which I pledged the articles, and the articles are the same.
HENRY CLARK . I am a bootmaker; the prisoner has worked for me for the last two or three years. On the Saturday week before I was before the Magistrate, the prisoner brought me a ticket, and said he had got a ticket for a watch, guard, seal, and key, that his wife's cousin had given it to him, and she told him it was run out of date a month over the time, and if it was not got out it would be lost—I advanced him two sovereigns to go and get it out, and he brought me the watch, guard, seal, and key, and also the change, back—I gave him the watch to pawn again—he pawned it for 15s., and gave me the duplicate, which I kept till I gave it to the policeman—I do not know whether the ticket produced is the one the prisoner first brought; I did not take it into my hand—it was like this one, and he told me it was for 1l. 10s.
Cross-examined. Q. What advantage did the prisoner get from this transaction? A. He has got nothing by it; he brought me the things he redeemed, and also the change, and he pawned the watch again by my directions
—I have known him from a child, and never knew anything dishonest of him.
GEORGE SEAMAN (policeman, T 249). I took the prisoner, and told him it was for taking a duplicate of a silver watch, guard, seal and key, and ring, out of a letter—he said he had taken it out, and given it to Mr. Clark, of William-street, Hampstead-road—I took him to the station, went to Mr. Clark, and got from him the duplicate of a watch, and also a guard, seal, key, and ring.
WILLIAM THOMAS BLISS . I am in the employ of Mr. Dobree, a pawnbroker. I produce this ticket—it was given to the person, whoever it was, that pledged these articles; it is in the name of John Thompson, and is for a silver watch, guard chain, seal, and key—they were redeemed after they were out of date—while the articles are in our possession after date, they can be redeemed.
Cross-examined. Q. Is it not a matter of favour? A. No; the writing on the ticket is my own—I cannot say who pledged the articles.
(The prisoner received a good character.)
NOT GUILTY .
GUILTY . Aged 22.— Confined Three Months.
Before Russell Gurney, Esq., and the Seventh Jury.
GUILTY .— Confined Nine Months.
651. WILLIAM BUTLER , stealing 1 purse, value 3d., and 1 half crown and 1 sixpence; the property of James Palmer, from the person of Sarah Ann Palmer, having been before convicted: to which he pleaded
GUILTY . Aged 22.— Transported for Seven Years.
GUILTY .— Confined Twelve Months.
GUILTY .— Confined Twelve Months.
MESSRS. BALLANTINE and HUDDLESTON conducted the Prosecution.
EBENEZER HOLMES . I am foreman of the granary porters at the Brick-lane station of the Eastern Counties Railway; the prisoners were employed by the company as carmen. On 6th May I superintended the loading of a wagon, No. 154, with malt; Green and another person were loading it—I saw a full sack, marked, "Eastern Counties Railway Co.," in red letters, put in—the other sacks were marked, "Bridges, Stowmarket," in
black letters—I spoke to Green about the sack marked red, and afterwards to the superintendent.
Cross-examined by MR. M. PRENDERGAST. Q. What are you employed to do? A. To see that the right quantity is put into each cart as it goes out—Green has to load the wagons, and the prisoners drive them away.
Cross-examined by MR. MEW. Q. How many sacks were placed on the cart? A. Eighty-one; twenty, marked in red, were put in the front of the wagon, and sixty, marked in black, at the tail—myself and Green were present, but not the prisoners.
SAMUEL ANDREWS . I have charge of the horses' food at the Brick-lane station. The food is mixed up before it goes to the horses—it is kept in sacks before it is mixed up, and after it is delivered to the stables it is put into bins—the wagoners take food with them in sacks or nose bags, according to the journey they are going—the oats are kept in sacks marked, in red letters, "Eastern Counties Railway Co."—on the morning of 7th May I missed a sack of oats so marked, not mixed food—it has not been found.
Cross-examined by MR. M. PREMDERGAST. Q. Are the oats in your charge? A. Yes; I cannot say how many sacks I had.
Cross-examined by MR. MEW. Q. Do you give out the corn when they go journeys? A. No; I deliver it to the stables, and the wagoners take a certain quantity with them from the stables according to the length of journey they happen to be taking—I know nothing about how far these wagons were going, or how many horses there were.
MR. BALLANTINE. Q. But what they take is mixed, not oats? A. They take it mixed; on 7th May I found a sack bad been removed from a lot I bad in on 6th—I knew the number in that lot, counted them, and found one gone.
GEORGE CUSHION GREEN . I am a porter, at the Brick-lane station. On Monday, 3rd May, Hyder came to me in the granary, and asked me to put a sack, which he brought with him, on the wagon—it was a sack of horse grub—I did not see inside it myself—the sack was marked, "Eastern Counties Railway Co.," in red letters—Hyder was going to Croydon next morning—it was my duty to load the wagon, and no part of his—on 6th he came to me again, and asked me where the sack was—I told him it was where he left it, and he told me he and Bolton were going to Hampton-court next morning, and asked me to put the sack on one of the wagons—I put it on No. 154—the wagons were loading malt—ten sacks were marked, "Eastern Counties Railway Co.," and on the others in black letters—in the evening I went to the stables, saw the prisoners there, and told them a party had been to me and asked what I put on the wagons, and that I had said forty quarters of malt and a sack the carman had given me; that he asked me what was in the sack, and I said I did not know—the prisoners said they did not think it was found out, or they would have heard something about it—Bolton said if he knew it was found out it should not go out on his wagon, for he would have it off again—he said he would sit up all night but what he would have it off again, if he thought it was found out—this was the evening before the wagons went—Hyder was there at the time, but I cannot say whether he was close to him or not.
Cross-examined by MR. PRENDERGAST. Q. Were you charged with stealing this sack? A. Yes—I was taken before the Magistrate—I do not know why it is that I am not now in the dock—I never heard of any arrangement having been made—I suppose I am a witness because I was not found guilty—it was Scott who works in the granary that inquired of me about the
sack—he bad been counting the load, and found one sack too many—when I put the sack on, I did not know but what it was for the horses—it is very unusual for wagons to go such a distance as these were going.
Cross-examined by MR. MEW. Q. Who was first charged with stealing this sack? A. The prisoners—we all went to the police-office together, and I was there charged with it—I was remanded, and then left off—I was then told I was to give evidence against the prisoners—I have had no conversation with any one about it since.
THOMAS BARNES (policeman, H 88). On 7th May I received instructions to follow two wagons belonging to the Eastern Counties Railway Company—Hyder was driving one, and Bolton the other—I followed them both till Hyder's cart turned off to Battersea—I followed Bolton—he delivered sixty sacks, and then drove on to the Wandsworth-road, where he delivered twenty sacks—previous to delivering those twenty sacks, he threw three sacks out in the road—he delivered the twenty, and a boy who was with him lifted two of the three into the cart again—Bolton then came out of the premises and lifted up the third sack—it had "Eastern Counties Railway Co." on it in red, and was apparently full—a man who was coming in the direction from Wandsworth assisted him with it into the wagon, and be drove on again till he came to the Hope public-house, York-road, Battersea, where a man came out to him—he put the sack on the man's shoulder, and he carried it away to the rear of the public-house—there did not appear to be a word pass between them, before the man took it away—I was some distance behind, and before I got up, Bolton came back with the man, took a second sack out of the cart, and fed the horses from that—I continued following him to Wimbledon, where Hyder joined him just past the common—they went into the Black Horse, remained there some short time, came out and drove on together—Bolton took the sack, out of which the horses bad been fed, on with him—I then came back and gave information—I had followed both Hyder and Bolton together from Brick-lane till they separated—they had two boys with them, one in each cart—they noticed me, and sent the boys back—I was in plain clothes, and when they stopped at a coffee-house in Lambeth, I went to the police-station and got a blue pilot coat, and I was not noticed any more.
Cross-examined by MR. PRENDERGAST. Q. Where were the boys? A. They went with the wagons from Brick-lane, and the boys were watching me just by the Elephant and Castle.
WILLIAM GAVIN . I am in the employ of the Eastern Counties Railway Company. I took the prisoners into custody on their return from Hampton-court, and gave them in charge—at the police-station Bolton said if I went back to the Brick-lane station I should find the sack in his wagon—I went, but did not find it.
Cross-examined by MR. CHARNOCK. Q. Were you present when the wagons came back? A. Yes; I saw them partly unloaded.
BOLTON— GUILTY . Aged 26.— Confined Five Months.
HYDER— NOT GUILTY .
OLD COURT.—Friday, June 18th, 1852.
PRESENT—Mr. BARON ALDERSON; Sir GEORGE CARROLL, Knt., Ald.; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Third Jury.
GEORGE LOWNDES SMITH . I am a candlemaker, of 5, Philip-street, Kingsland-road. The prisoner has been living with me four or five years—I have been away from her now about two months—on 8th June I was standing at the corner of Canal-road, Shoreditch, and saw the prisoner over at the oyster stall—after she had had some oysters, she came across to me, and began to abuse me—I tried to get away from her—she followed me, and came to a butcher's block, where I caught a glimpse of a knife, and made a run to get out of the way—I received a blow on the side of my head—I lost myself for a second or two, and then caught her, and held her till a policeman came—I was cut on the side of my head, through my hat—it hurt me much—it came with great force—I went to the station, and then to the doctor.
Prisoner. I lived with you seven years, and considered I was as good as your wife; I have only been away from you three weeks; I pawned my shawl to get the coat out which you have on now. Witness. I have not had a coin of any sort of you—I did nothing to provoke you, nor ill-use you in any shape—I had promised to marry you, and you went and put up the banns yourself—I saw you were not going on in the right way, and therefore could not make up my mind to do so.
WILLIAM WOODBRIDGE . I am a harness-maker, of Golden-lane. I was walking along the Kingsland-road; I saw the prisoner and the prosecutor at the butcher's shop—he appeared to be trying to get away from her, and shoved her back two or three times—she walked to the butcher's block, laid hold of a knife, and when he saw it he ran, and she threw it at him with all her force—it fell down, and he said, "You have stabbed me, and I will hold you till a policeman comes"—she said, "You b—r, I wish it had killed you"—I saw blood running down the side of his face—he had not used any violence, but he was trying to get away—she did not fall down at all.
THOMAS BURROWS . I am a surgeon, of High-street, Holborn. On 8th June, Smith was brought to me, with an incised wound on the right side of his head—the instrument had penetrated through his hat, which broke the force of the blow, and it did not penetrate very deep, but it must have been a blow with very considerable violence.
JAMES BURROWS (policeman, N 392). The prisoner was given into my custody on 8th June—she said in the Kingsland-road she would stab his—y heart cold—I received this knife and hat (produced) from Smith—she admitted she had been drinking—she knew what she was about, but seemed very much excited.
Prisoner's Defence. I lived with him seven years, and he has asked me in marriage; the only thing I have of his is the wedding ring; he was out of work, and I made away with everything to keep him; on the Wednesday he brought another girl before my face, and took half a crown away from me; I took it very much to heart; he beat me about the body, so that I was obliged to keep my bed three days.
GUILTY of unlawfully Wounding.—Recommended to mercy by the Jury. — Confined One Month.
Before Mr. Baron Alderson.
(MR. SERJEANT WILKINS, with MESSRS BODKIN and BALLANTINE, for the Prosecution, offered no evidence.)
NOT GUILTY .
MESSRS PARRY and RIBTON conducted the Prosecution.
RICHARD MILLO . I am a weaver, and live at 54, Green-street, Bethnal Green. On Tuesday, 1st June, about 6 o'clock in the evening, I was standing in the street by my house, and saw the prisoner coming along the street standing in a cart drawn by two horses, one before the other—he had no reins attached to the horses, and I did not notice any whip—he was going about three miles an hour—as the cart was coming along, my grandmother, Sarah Millo, was trying to cross the road by herself—she was eighty-three years Old—she was about a yard from the kerb she had just left—I thought she was in danger, and cried out to the prisoner, "Stop!"—he hallooed out, "Whoa! whoa!" and jumped out of the cart immediately—his crying out did not have the effect of stopping the horses—several of us hallooed out together, which made the horses go faster—the first horse knocked my grandmother down, and the wheel passed over her—the prisoner did not jump out before my grandmother was knocked down—it was almost instantaneously—as soon as she was knocked down, he jumped out—I picked her up—she was unable to speak—I took her into a doctor's—he was not at home, and she was put into a cab, and taken to the London Hospital, but she died before she got there—the body was left there.
Cross-examined by MR. TREVETHAN SPICER. Q. Was there a cart drawn up by the side of the road close to the kerb? A. Yes, there was—my grandmother came from behind that cart in front of the prisoner's horses—I called out "Stop!" to both the prisoner and my grandmother; for him to stop, and for her to get out of the way—she was very deaf, indeed—the prisoner did all be could to stop his horses—they were going at a jog-trot.
JAMES ESTALL . I am a silk-weaver, and live at 56, Green-street. On the evening of 1st June I was at work in the shop, and heard the prisoner calling out to his horses, "Whoa!" which caused me to look through the window, and I saw the young man in the cart with a whip in his hand, and the deceased was about five yards away from the front of the leading horse—she was in the act of leaving the kerb to cross the road, behind the cart that was standing close to the kerb—she attempted to cross the road, the leading horse knocked her down, and the wheel passed over her left side—it went over her clothes, but I cannot say whether it went over her person—I did not see that the prisoner had any reins—I helped to take the woman to the doctor's—she was insensible—when I first saw the horses they were going at a very slow walking pace, but there was so much hallooing from the persons by who saw the danger, that no doubt it caused them to go faster.
Cross-examined. Q. Was the old lady passing from behind the cart immediately in front of the horses? A. Yes—the prisoner stopped his horses as soon as he could.
COURT. Q. Had the cart standing there a horse to it? A. No; it was standing in front of its owner's shop—the prisoner must have seen the woman when she was behind the cart, because he called out, "Whoa! whoa!"
WILLIAM HENRY HARRIS . Q. I am one of the house-surgeons at the London Hospital. On 1st June, about half-past 6 o'clock in the evening, an old lady was brought to the hospital—she was dead, and had died within a
quarter of an hour or so—I examined her body—there was a fracture of the skull—her ribs were broken, and the pelvis was fractured.
The prisoner's statement before the Magistrate was read as follows;—("I have nothing to say, only I am extremely sorry.")
(The prisoner received a good character.)
GUILTY.—Recommended to mercy by the Jury. — Confined One Month.
MR. PAYNE conducted the Prosecution.
CHARLES GREASLEY . I am barman at the Crown and Dolphin, Cannon-street. The deceased came there on Saturday, 8th May, about half past 12 o'clock in the day—I had never seen her before—she was not exactly sober, but was quite capable of taking care of herself—she was there till half-past 4, and got rather better—I think there were two or three women in her company; she treated them to some porter, there were no spirits drank—they paid for four or five pots of porter, between three or four of them—I do not think the deceased drank above three parts of a pint, she drank very little—about half past 4 the prisoner came to fetch her away—I had never seen him before—he was not very angry; he said, "I want you to come home along with me"—he did not speak particularly cross; he did a little, but not to speak of—he was a little displeased at finding his wife drinking at the public house—she went away with him—I saw no marks of violence on her face then—he went outside first, and she followed him.
EMMA BAKER . I am single, and live at 44, Devonshire-street, St. George's. I know the prisoner and deceased by living next door to them; they lived together—I believe she was married to him—I always understood her to go by the name of Mrs. Bailey while they have lived there, which is about a year—I believe he is a corn porter—she came there as Mrs. Bailey—I do not know her Christian name—on Saturday, 8th May, about 6 o'clock, she passed me with the prisoner—she had no marks or bruises about her face, but she appeared to have been crying—she went indoors with the prisoner, and a little while afterwards I heard a fall in the front room ground floor, which they lived in—I live down stairs in the back room, next door; my back room is next to their back room—when I heard the fall I was at the street door—not many minutes after the fall I heard the prisoner say, "Take that!" and then he said if any man or woman in the house interfered be would serve them the same way—I believe he was in the passage when he said that—about half past 8 I heard of the woman's death—I went into her room and she was dead, on the bed—the prisoner was not there, he had been taken by the police—she had a black eye, a mark on the forehead, and a mark under the chin, which were not there when she went into the house.
SARAH ANN KNIGHT . I am the wife of Robert Knight, and live at 43, Devonshire-street, in the same house as the prisoner. I was at home on 8th May—I knew the deceased, they used to call her Carry—I was on the first floor up stairs all day long—my room is right over hers—I heard them come home about half past 5 o'clock; directly they got inside the house I heard her fall, and heard the prisoner say, "Take that!"—immediately after she fell—they were then in the passage—the fall was in the passage—I heard the door of the room unlocked, and directly it was opened I heard a second fall, and then heard him strike one of his hands against the other—he used some vulgar language, and said if any man or woman came to interfere with him he would
serve them the same—I then heard the room door shut again, and heard her say twice, "Oh dear! John"—I afterwards heard a third fall, but did not hear him speak any more—it was all so quiet after that that I thought they were gone to bed—I had seen the prisoner come home at 5 with his mates, but did not see him again till after 6, when he came up to my room door, and said "Pray, Mrs. Knight, there's a good soul, come down and see what you can do with my old woman"—he was very much excited—I went down, and found her lying perfectly dead on the floor on her right side, with her arms folded, her knees drawn up, and her head buried into her neck—she was a very good sized woman, not very stout, and not very thin; she always said her age was thirty-two—her mouth had blood on it—there was no appearance of it's having been washed—her face had been washed, apparently to refresh her—there is a waterbut in the yard, just outside the door, to which the prisoner went twice or three times after the third fall to draw water—I undid the deceased's clothes, and observed marks on her face; her left eye was very much blackened, her forehead had a bruise, and there was one under ber chin—I had not seen her before that day—I know she was on the drink very much—when the prisoner came up to roe, I said, "Good God! Bailey, what have you done?"—he said, "You know how drunk she gets, and aggravates me by her getting drunk, and I smacked her face"—she was a very quiet woman generally; but every three or four months she would get on the drink, and drink for a week or a fortnight together, if her things would last—I have known her to go without her linen three days for drink, or as long as her pawning her things would last, or selling them either—she was a quiet woman at all times.
Prisoner. Q. When I came up for you, and you came down, did you see any water? A. I saw some greasy water in a yellow basin on the table, and some plates which you were washing up; there was a wet towel on the table—you sent Mrs. Dexey for a surgeon, and told me to put the plates in the cupboard.
COURT. Q. Had they been in the habit of quarrelling before? A. No; they lived very happily together, except when she got drunk; he was very angry at that, it used to cause him to hit her.
ANN ROGERS . I am the wife of William Rogers, of 44, Devonshire-street, next door to the deceased. I occupied the back room upstairs—the deceased called herself Caroline Harris—I saw her on the day she died, about 12 o'clock in the morning—I believe she had been out, she was very much intoxicated, and when I went into the room she was sitting in a chair, and did not answer when I spoke to her—I did up her hair, and washed her face—there were no marks on her face then—Bailey came to me about 5 that afternoon, and asked me if I had seen his old woman, if I knew where she was—I said, "No," and I expect he then went to look for her—about half-past 6, he came to me at my daughter's, a few doors off in the same street; he was very much agitated, and said, "Oh, dear, Mrs. Rogers! will you come to see what you can do with my old woman, I am afraid she is dead!"—he was grieving very much indeed, and was very much distressed—I said, "I hope, Bailey, you have not been ill-using her?"—he said, "Oh, Mrs. Rogers! I have not, I have only smacked her face"—I then went to the room with him, and saw her lying on the floor, and Mrs. Knight undoing her clothes—I lifted up her head, and said to the prisoner, "Oh, dear me! a smack of the face never did this"—he answered, "Oh, Mrs. Rogers, I did not do it! I did not do it!"
Prisoner. Q. When you came to the room did not you find persons washing
her face? A. No; it had been washed, I did not see who did it—I saw a wet towel and dirty water in a basin.
JOHN JAMES RUGATE . I am a surgeon, and a bachelor of medicine of the Commercial-road. On 8th May I was called to see the deceased at 43, Devonshire-street—I found her lying on the floor quite dead—I got there as nearly at half-past 6 o'clock as possible—I examined her externally at that time, and found the left eye blackened, two bruises on the forehead, one on the right side of the cheek, and a very severe one on the left side of the chin—they were all recent except the black-eye, it was rather the remains of a black-eye, the bruise was of a greenish colour—I made a post mortem examination on the 10th; the whole body was healthy except the head—the brain itself was healthy, but there was a clot of blood pressing on it—on removing the brain from the skull I found this clot of blood at the base of the brain covering a portion of the brain under the projecting bone, at the very bend of the neck, just where the spine joins the skull—I attribute death to the clot of blood being there—apoplexy would produce the clot—taking into consideration the age of the woman, and the healthy state of the brain and vessels I should say that clot was produced by external violence, either by a blow or fall, or both—a blow behind would do it, but I should rather attribute it to a blow on the front part of the head—that would be much more likely to produce it than a blow behind; or it might be produced by a fall either back-wards or forwards—there was no external mark on the back of the head—if she had fallen forwards, and hit her forehead on the ground, that might have produced it; or if she had fallen backwards, but if she had fallen backwards there would probably have been some external marks—a blow under the chin might, by suddenly throwing the head back, rupture a small vessel at the base of the brain; but I should rather attribute the mark on the chin to a fall than a blow, on account of the skin having been abraded in a very slight manner—intoxication would predispose her to the injury, and less violence would produce the effect than on a sober woman.
(The prisoner put in a written defence, in which he stated that he had lived with the deceased eight years, and had suffered much from her drunken habits, from which it was impossible to reclaim her; and whilst in that state she would make away with everything they possessed; that at the time in question she had been for some time intoxicated, and he had fetched her from the public-house; that she insisted on leaving the room to go for more drink; that he rushed before the door to prevent her, and pushed her, upon which she fell, and so received the injury.)
SARAH ANN KNIGHT re-examined. I have known of the deceased's mode of going on; I had cautioned her against it several times, and the more you cautioned her the more she went on drinking—she had been beastly drunk the day before—this was one of her times of breaking out—at other, times she was a peaceable woman; but when she once broke out, there was no stopping her till she had taken the last plate out of the house.
GUILTY. Aged 31.—Strongly recommended to mercy by the Jury. — Confined Four Months; the last month solitary.
ELIZABETH THOMAS . I am an unfortunate woman, and live at 75, New Gravel-lane, Shadwell—the prisoner lived in the same house—four young girls lived there, and Mrs. Middleton the landlady—I was there with two young men, sailors, and the prisoner last Wednesday—I think it was between 7 and
8 o'clock at night—the sailors had not long been paid off their ship—I do not know how long the prisoner's young man had been there, but mine had been there two or three days—she got jealous of me and her young man, because he happened to take more notice of me than he did of her—we were both rather tipsy—she pushed me, and I told her if she did that again I would strike her—she pushed me again and I struck her in the face—we both got fighting, and fell down—one of the young men saw it—he is not here, they have been gone a fortnight—we were both down on the floor in the passage—I felt something pricking me, and thought it was my hair pins—I called in Jane Whitlock, and said, "Jane, come here and take the knife away from her, she is stabbing me in the head"—I found myself wounded—her young man came to lift me up—my head bled at the back—I am nineteen years old—there was nobody but the prisoner near me at the time I felt the prick.
JANE WHITLOCK . I live at this house. Last Wednesday three weeks I saw the young women begin to fight—they were down—one of the sailors who was standing with a young woman cried out, "She has got a knife"—Thomas hallooed out, "Oh my God, come to me," and complained of being wounded—I went up and found her bleeding from the back of her head—I saw one of the sailors pick up this knife, and a pair of scissors, which formed a stahber as well—he gave them to the landlady—they were on the floor by the side of the girls as they were struggling—I did not notice whether the knife was bloody—she said she did it with the scissors.
BENJAMIN PEARCE (policeman, K 247). I was called and took the prisoner—she said the knife was meant for her, pointing to Whitlock—I got two knives from the landlady, one of which (produced) forms into a pair of scissors—the girls were both drunk—the prisoner seemed in a very excited state.
MRS. MIDDLETON. I keep this house—the prisoner is as innocent of this knife as you are sitting there—I was cutting some bread and cheese to give away to a poor woman and some children, and laid the knife down just before the riot on the side table in the room where they quarrelled—they upset everything, and therefore the knife was picked up innocently—the prisoner had asked me to lend her the scissors to cut her corns.
DANIEL ROSS . I am a surgeon. I was called, and found Thomas with an incised wound on her head about an inch and a half long, penetrating to the bone—either this knife or the blade of the scissors would have done it—all scalp wounds are dangerous.
Prisoner's Defence. I am quite innocent of using the knife; I had my scissors in my hand when she struck me, but I never saw the knife till it was brought up before me on the Thursday following.
GUILTY of Unlawfully Wounding. Aged 25.— Confined One Year.
NEW COURT.—Friday, June 18th, 1852.
PRESENT—Mr. RECORDER; Mr. Ald. CHALLIS; and Mr. Ald. MOON.
Before Mr. Recorder and the Fifth Jury.
MR. RYLAND conducted the Prosecution.
and am a wearer. On 31st May I had some silk in my loom in the course of manufacturing—I covered it over, and left home at 11 o'clock in the forenoon—the silk was not finished—there was as near as possible about thirty yards—I had also some shute on bobbins—I lost about seven ounces of crimson shute, and about eight ounces of green—when I left home I left no one in the house—I double-locked my door—I returned about a quarter past 12 at night—as soon as I placed the key in the door, and gave it one turn, the door flew open—it was only single-locked then, not double-locked—I instantly got a light, and perceived my door had been broken open—I went up stairs, and found my work cut out and gone, and the breast roll standing about a yard from the loom—I missed seven ounces of crimson shute on ten bobbins, and about eight ounces of green shute taken off a machine—the value of the silk in the loom was about 4l. 10s., and the amount of the fifteen ounces of shute was about 1l. 17s. 6d.—I did not see any of my property again till 3rd June, at Worship-street—I did not see all I had lost, only the ready-made work out of the loom—this is it—I do not know either of the prisoners.
Cross-examined by MR. BALLANTINE. Q. I thought you knew May? A. No; I never saw him till I saw him before the Magistrate at Worship-street.
THOMAS WHITTINGHAM . I, and my father, and brother, carry on business as warehousemen and coach trimmers, in Long-acre. On Wednesday, 2nd June, about 4 o'clock in the afternoon, I was in the middle of the ware-house, and May came in, and said he had some silk for sale—it was wrapped up in a pocket handkerchief—I told him we did not want any—he wished me to purchase it—my father and brother were in the counting-house, having their tea—I told him I should not disturb them—he begged me to do so—I went in and asked them, and they declined it—May kept on begging me to purchase it—I asked him the price—he said 3s. a yard—I said no, I would not purchase it—he said I might have it at my own price—(the value of it was about 3s. 6d. a yard)—I told him we were not in the habit of purchasing of strangers over the counter in the state that was in—in proof of his respectability, he referred me to Bull and Wilson, in St. Martin's-lane, and some other persons, whom I do not know—I know Bull and Wilson—he said that we had purchased before of his brother—I asked him who his brother was—he said, Mr. May—we knew his brother very well, and had purchased of him—I still declined to purchase, and he went away—in consequence of something passing in my mind, I directed my brother to follow him—the silk was displayed—it was for curtains or blinds for carriages—that was the only goods I saw.
Cross-examined by MR. BALLANTINE. Q. May is the person who brought it you? A. Yes; I never saw him before—I never saw Wallis till he was at Worship-street.
JOSEPH WHITTINGHAM . I am brother of the last witness. On Wednesday, 2nd June, I was in the counting-house, about 4 o'clock—I remember May coming into the warehouse with a bundle—I did not hear what passed, and I did not see the silk—after he had gone I followed him—he had the bundle with him—he went to the bottom of Long-acre, and joined Wallis, who was there waiting for him—they spoke together—I did not hear what they said—they walked on through Newport-market—they went in company together till they came to a public-house—they went in together—May still had the bundle when they went in—I waited outside, and watched—in a minute or two May came out alone, with a different bundle—he went to a trimming shop, at the corner of Greek-street and Old Compton-street—I saw
him with some braid before him—I went in, and made a communication to the shopman—I got an officer, and May was taken to Mrs. Cox, the woman who I thought had lost the silk—I went to the public-house I had seen May come out of—I went into the public-house, and found Wallis, with this silk in a handkerchief inside his waistcnat—I have no doubt it is the same silk I had seen May with—I gave Wallis into custody—the bundle was examined, and it turned out to be silk—May said that Wallis brought it him to sell.
Cross-examined by MR. PRENDERGAST. Q. Is the silk here? A. Yes; this is the silk that was taken out of the handkerchief that was in Wallis's breast—we have since put it on a roll.
Cross-exarrmed by MR. COCKLE. Q. Do you know May as a commission agent? A. I never saw him before that day.
GEORGE RICHARDSON . I am a Soho-square constable. About 4 o'clock, on 2nd June, I was called, and went to a public house, where Wallis was with a policeman—the policeman said to him, "I want you; I believe you have got some stolen property: what have you got there?"—Wallis made no answer—the policeman unbuttoned his waistcoat, and took out this silk; it was in folds, doubled up—I never spoke to him, nor did I hear him say anything—I afterwards saw May at Mr. Norman's trimming shop at the corner of Old Compton-street—I took him into custody—we went to Mrs. Cox, and then to the police station—I saw Joseph Whittingham—he went with me to the public house.
CATHERINE NELSON . I live next door to John Blackball, in Edward-court. I was at home on Monday night, 81st May—a person came to my house about 9 o'clock that evening—up to that time I had ndt heard anything amiss at the next door—about 9 some one knocked at my door—I went to the door, and it was John Wallis; I had not known him before—he asked if a person lived there named Smith—I said, "No," and he went away—at a little after 12 that evening I heard that something had happened at the next door—I am sure that Wallis is the man that came that evening—I took particular notice of him—I saw him between the lights—I am sure he is the man.
COURT. Q. Does your door open into a room? A. Yes; I had a light in the room.
MR. RYLAND. Q. What sort of night was it? A. There was light from above; I did not see any other person but him.
Cross-examined by MR. PRENDERGAST. Q. What do you mean by "between the lights?" A. Between the dark and light; I had been at my daughter's wedding that day—I enjoyed myself there in the daytime—I came home afterwards—the next time I saw the prisoner was 3rd June—I went with two or three persons and saw him at Worship-street—there was a policeman, and be told me it was to see if I should know the man.
MR. RYLAND. Q. When you heard of a robbery at 12 o'clock at night, did you mention to anybody that some one had called at your house at 9 in the evening? A. Yes, to my husband; and when I got to the police court I pointed out Wallis as the man that had called on me—there were about a dozen others with him, and I picked him out.
COURT. Q. Had you a light in your house? A. Yes, a candle; but I did not take it to the door.
STEPHEN STEELE (policeman, C 33). I was on duty at Greek-street, Soho, on Wednesday afternoon, 2nd June. I received information from Mr. Joseph Whittingham—we went to the Coach and Horses public house, in Greek-street—I found the prisoner Wallis there—Mr. Whittingham said, "That is the man that has got the silk"—Wallis did not say anything upon
that—I saw he had a parcel in bis breast under his waistcoat—on observing that, I asked him what he had got there, and he polled it oat and gave it to me; he did not say anything—I opened it, and it contained this silk—I told him I should take him into custody on a charge of stealing it—he did not make any answer to that—Mr. Whittinghnm and I and Wallis went to Mr. Norman's shop—I there saw May—I took him and Wallis to Mrs. Cox's shop, and then to the station—May was there asked by the inspector where he got the silk (Wallis was then in the yard)—the silk was lying on the desk, and when May was asked where he got that silk he said he never had it—Wallis was then brought in from the yard; the silk was still lying on the desk—the inspector asked him if he knew anything about that silk—he said he did; that a man brought it to his house last night about 6 o'clock—the inspector then asked May if that was the silk that he bad had, and he said, "Yes; Wallis brought it to my house about 11 o'clock this morning, and I should have bought it, but I had no money"—the inspector then asked Wallis if he had taken it there, and he said he had—he said he thought it would do for May—that was all that passed.
Cross-examined by MR. COCKLE. Q. You are quite dear that the inspector asked May if that was the silk that he had had? A. Yes; I am quite sure that May said, "I never had it."
COURT. Q. Were those the words he used? A. Yes, as near at I can recollect.
Cross-examined by MR. PRENDERGAST. Q. When you saw Wallis in the public house, will you swear that he did not say that a man brought it to his house last night? A. He did not in the public house; I will swear that I never said that he did—Richardson was at the police station when the inspector asked Wallis that question.
COURT. Q. When May said he should have bought it, but he had no money, did Wallis say anything? A. Yes; that a man left it at his house last night about 6 o'clock—he did not say anything more about May—May then said, "Wallis brought it to my house about 11 o'clock this morning—Wallis said, "I did take it there, I thought it would do for May"—he said nothing more that I remember—I do not recollect that he said that May had told him anything about getting rid of it.
Q. I will read your examination to you:—"The Inspector asked Wallis if be took the silk there. He said, 'I did, as May said he thought he could get rid of it for me?'" A. Wallis did say something about getting rid of it.
JOHN BLACKHALL re-examined. I can swear to this silk—it was in my possession on 31st May—I know it by the colour and the edges—it is my own weaving—I have got the piece that was left in the loom; it corresponds exactly—I have been a silk-weaver ever since I was sixteen years old—I am confident it is my work—I know it by a particular mark of eight double threads in the edge.
MR. COCKLE called
ELLEN MAY . I am the prisoner May's daughter. I remember the prisoner Wallis bringing a piece of silk and some braid to our house on Whit-Monday, 2nd June, about 1 o'clock—Mrs. Oliver was present—she is here—when Wallis came in he opened the bundle on the table, and asked my father if he could buy it—my father said no, he did not know the value of it—Wallis said it was velvet before it was opened, and when it was opened it was silk—my father said, "I thought it was a piece of velvet"—Wallis said, "No, silk"—he said he did not know anywhere that he could go and
sell it; only at one shop, and that was a long way off—he did not say where, but it was up at the West-end—Wallis took off his hat, and showed some narrow braid made of silk—nothing was said about what was to be done with the silk—they went out.
Cross-examined by MR. RYLAND. Q. Do you know silk from velret? A. Oh, yes! it was silk that Wallis brought—when he first came he said it was velvet—that was before it was opened—I said it was silk, and told him he said it was velvet—he said, "Did I?"—it was crimson colour, like this sort (produced)—the braid was all manner of colours—there was some green, and some Adelaide, and some drab—I cannot say whether there was any crimson—I do not think his hat was quite full.
COURT. Q. Did you know Wallis before? A. No; I had never seen him before—my father pets his living by selling silks and velvets—he does not keep a shop, he sells on commission for masters who make them—he has been in the habit of selling for several persons.
MYRA OLIVER . I lodge in the prisoner May's house—I remember Wallis coming on Whit-Monday, 2nd June, about 9 o'clock in the morning—he brought the silk about 1 o'clock—Mr. May's daughter opened the door to him—he said he wanted to see her father—she went up stairs to her father, and he told her to ask him in—he went up stairs—I do not know what took place—I saw a parcel tied in a handkerchief, but what was in it I do not know—I was on the stairs, and saw the two prisoners leave together—Wallis had called twice on that day before he brought the parcel.
COURT. Q. How long have you lodged there? A. Turned twelve months—we lodged there before May came—I cannot say exactly how long May has lodged there; more than six months—he gets his living in a very honest sort of way as a commissioner, selling velvets.
Cross-examined by MR. RYLAND. Q. You are sure it was Whit-Monday? A. Yes, the 2nd June—there is no mistake about that.
MR. COCKLE. Q. What day was it? A. It was Wednesday when he came, because I was washing down stairs in the kitchen—I am sure of the day of the week—it was my washing-day.
COURT to ELLEN MAY. Q. When was it Wallis brought this to your father? A. On Wednesday, 2nd June.
(The prisoners received good characters.)
MAY— NOT GUILTY .
WALLIS— GUILTY of Receiving. — Confined Twelve Months.
(No evidence was offered.)
NOT GUILTY .
RAWLINS* pleaded GUILTY . Aged 24.— Transported for Ten Years.
(There were eight other indictments against Rawlins.)
MR. SPICER offered no evidence against White.
NOT GUILTY .
MR. PLATT conducted the Prosecution.
78, St. Paul's Church-yard. Last Monday afternoon, 3rd June, the prisoners came about 3 o'clock together—one of them asked to look at some shawls, the others must have heard it—they were shown into the shawl-room, and some shawls were exhibited to them—I should say they looked at nearly a dozen, and ultimately one was sold to Mary Lynch for 1l. 9s. 6d.—the other two prisoners were by and saw what was going on—she gave me a sovereign and a half-sovereign—after selling the shawl, I folded it, and took it down stairs—I gave it to a young man to make out a bill—while this was going on I received some information; the prisoners had all come down and were waiting for the change—in consequence of what had been said, I went outside the counter to where the prisoners were standing, and saw a portion of a shawl, which I suspected was our property, hanging down about four inches below Seymour's shawl—I made the remark, "This will never do"—I told ber it was our shawl, and she immediately gave it up to me, this is it—I am quite certain it is one that I had shown them, here is our private mark on it made by myself—it is worth 20s.—I had not seen the prisoners before, to my knowledge.
Cross-examined by MR. PATNE. Q. Did you show them up into the shawl-room? A. I was in the shawl-room—I cannot say who brought them up—they looked at several shawls, and this amongst others—I cannot gay whether it was said that this was a shawl that they should like to have—about four inches of this shawl was visible just below Seymour's shawl—I asked her, and she gave it up—I never heard her make a remark—she appeared to be nervous—she did not at all appear to be stupified by something she had taken—when the three prisoners were in the shawl-room together they seemed perfectly sober, and knew what they were about—Seymour passed her opinion on the shawls, say tog she liked this one and that one—she recommended the one that was bought—they did not all pass their opinion that I am aware of—the only thing I know is, that they decided on this shawl, and Mary Lynch bought it—I think Seymour stood the whole time in the shawl-room—there are seats there: there are no counters, we have tables—we show the shawls on the carpet—I think the prisoners were in the shawl-room ten minutes—they came down together—as soon as I detected her with the shawl I went and got a policeman.
Cross-examined by MR. BIRNIE. Q. Ellen Lynch did nothing at all? A. No; she looked at the shawls with the others—the selling price of the shawl that was stolen was 1l. 2s. 6d.
RICHARD HALL . I am shopman to Mr. Bailey. On the day in question I saw the three prisoners in the shawl room—after Mr. Elliker had gone down stairs I perceived Seymour had something under her shawl, I could not see what it was—she was passing to go down stairs—I said something to Mr. Elliker.
Cross-examined by MR. PAYNE. Q. How many were in the shawl room? A. Mr. Elliker, another shopman, and myself—it was in going down I saw Seymour had something sticking put—I was not present when the shawl was produced.
Cross-examined by MR. PAYNE. Q. Did Seymour say anything? A. She made no remark whatever—I did not ask any question
in copper on Mary Lynch, and nothing on Ellen Lynch—Seymour said nothing.
(Seymour's statement before the Magistrate was here read, as follows;—"I went with these persons to buy a shawl; we were shown into the shawl room; I came down, took the shawl off the chair back thinking it was the one she bought; I was very drunk.")
COURT to RICHARD HALL. Q. You say, when Seymour left the room up stairs, you saw something under her shawl? A. Yes; she went down last, behind the other two.
SEYMOUR— GUILTY .— Confined Four Months.
MARY and ELLEN LYNCH— NOT GUILTY .
MR. PAYNE conducted the Prosecution.
WILLIAM HAMMOND . I am the son of John Hammond, and am in his employ. He did keep a shop at No. 170, High-street, Shadwell, on 30th of May—nobody slept in that shop; it adjoins a house kept by Mr. Joseph Purcell. You can go from Mr. Purcell's shop to ours—I fastened the door of my father's shop at half past 10 o'clock, on the night of 30th May—we were to get into the shop in the morning by going through Mr. Purcell's—I have been shown some waistcoats and other articles by the policeman, they are my father's property; they are not in the same state as when I left them—I left them in a wrapper, and at the back of the shop, when I saw them again they were in a handkerchief—I do not know the prisoner.
Cross-examined by MR. O'BRIEN. Q. I suppose there is another door to this shop? A. Yes; I fastened that door; I drew it to after me, and abut it with a lock and latch—I am sure I shut it.
ANN LEARY . I am in the service of Mr. Joseph Purcell, of High-street, Shadwell—he slept there, and lived there on 30th May—the lower part of the house is divided into two shops, Mr. Purcell occupied one, the other was Mr. Hammond's clothes shop, I was there on 30th May—about half past 10 o'clock at night I thought I heard a noise, I went and opened the door of my master's shop expecting my master or mistress—I was just by the door, and I saw this boy (the prisoner) come out of the next shop and run away—I hallooed out, "Robbers, Robbers!"—some men were standing by and they ran after him—I went to the station afterwards and saw this boy there—I know him again—before I went to the station I went to Mr. Hammond's shop, and the clothes were tossed about the shop, and some were in a bundle, tied up—that bundle is here—the things were down on the floor—there is a rail for hanging clothes on, and that was lying inside the door.
Cross-examined. Q. How do you get into Mr. Hammond's shop? A. Through our shop—I tried the door to see whether it was fast—when the roan ran out he closed the door, and the rail which the clothes used to hang on fell down—the door of Mr. Hammond's shop is close by my master's shop door; there is only just a partition between them—the man closed the door, and ran away immediately—I had no light in my hand—there is a lamp at the corner, three or four houses off—I had never seen this man before, to my recollection—when I saw him again he was alone—they told me they had caught the man—I did not leave my master's to go after him—I stood a little way from the door.
were in plain clothes; about half past 10 o'clock at night on 30th May, about three or four doors from Mr. Hammond's shop, I saw the prisoner running, and the last witness called, "Robbers! Thieves!"—we ran down Fox's-lane; my brother officer ran faster than I—I went into a lodging house—I saw several persons, but I did not see the prisoner—I came to the door, and then I went in again, and saw him sitting by the fire, with his coat and hat off—I said to him, "You are the roan I have been looking for"—he said, "What for? I live here"—the landlord said, "You don't live here. I never saw you before; I thought you were running after one of the sailors"—I took him, and found his hat under the table—I found on him twopence, and some lucifers—I went to the prosecutor's shop, and found this bundle of clothes in the further part of the shop, they were moved from a lot of others—there were three waistcoats, two Guernsey frocks, and other things.
Cross-examined. Q. How far were you from the shop? A. About three doors; we were watching one of the persons on the other side of the way—I was on the same side as the person who came out of the shop—I am confident it was the prisoner; he ran directly across—the house stands opposite a lamp at Fox's-lane, he had to run under the light—the other constable is not here—he was nearest to him, but I was not ten yards from him—I lost sight of him when he turned Spring-street—the sailor's house is in Great Spring-street—I have known the landlord of it for some years.
Prisoer's Defence. I was inquiring for a lodging; I worked at the East India Docks, but had no work for four days.
GUILTY . Aged 30.— Confined Four Months.
THIRD COURT.—Friday, June 18th, 1852.
PRESENT—Mr. Ald. MOON; Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the First Jury.
NOT GUILTY .
GUILTY. Aged 24.— Recommended to mercy by the Jury, who stated that they considered her hardly mistress of her own actions at the time.—Judgment Respited.
Before Mr. Common Serjeant, and a Jury half English, and half Foreign.
667. HENRY JAMES, alias James Henry, alias James Myers, alias James Shallon , stealing 1 carpet bag, 1 coat, and other articles, value 1l. 9s.; the goods of the Eastern Counties Railway Company. 2nd COUNT, the goods of William Cousens.
MESSRS. BALLANTINE and HUDDLESTONWE conducted the Prosecution.
WILLIAM COUSENS . I live at Bramiey, in Surrey. On 8th May I was with my son at the Eastern Counties Station, Shoreditch, and was about to start by the train—I had a carpet bag and hat box with me, which I left in Clark's charge at the entrance of the booking office while I got a ticket; when I
came back the carpet bag was gone—I next saw it in Clark's hands—it contained a coat, a handkerchief, a lady's shawl, and some other things.
Cross-examined by MR. PARRY. Q. You left it on the platform? A. Yes.
THOMAS CLARK . I am in the service of the Eastern Counties Railway Company. On the afternoon of 8th May, about 20 minutes to 3 o'clock, I was at the Shoreditch station, and received a carpet bag and other luggage from Cousens—they were in the lobby adjoining the booking-office—about 10 minutes after I saw the prisoner in the lobby coming off the platform—he had a carpet bag in his hand; I asked him if it belonged to him, and he said it did—I said it did not, and he then said he had got one somewhere, he could not tell where it was—I asked him if he could see it among the other luggage which was lying about there, and he said "No"—I showed him a quantity more luggage which was being put into the train, and asked him whether he could see it there—he said, "No"—I asked him where he was going, he said he was going to a station between London and Stratford—the train does not stop there; and then he said he was going to Stratford—the train does not stop there—I gave information, and took him into custody.
Cross-examined. Q. Did he not turn the bag over and look at it, and then say, "No, it does not?" A. Yes; he asked to be allowed to search for his bag, and he went back and searched for it—he was then taken to the station master, and taken into custody—he did not in my hearing, after he was taken to the station master, ask to be allowed to go back to search for it—the station master is not here—I saw him select the carpet bag when I was about ten yards from him; he was coming towards the platform.
MR. BALLANTINE. Q. Before he went to the station master had he seen the luggage? A. Yes.
JOHN ROBINSON . I am an officer in the service of the Estern Counties Railway Company. On 8th May I took the prisoner into custody, and received the carpet bag from Clark—the prisoner said he had got a carpet bag; I asked him where, and he said he had left it on a cab—there was luggage on the platform; he did not look amongst that while I was present.
Cross-examined. Q. Did not he say he had got a bag somewhere, he could not find it, and he supposed he must have left it on a cab? A. Words to that effect.
GEORGE TRUE . On Saturday, 8th May, I was on the platform at the Shoreditch station—I saw the prisoner there, and one of the Company's guards was holding a carpet bag by him—the guard asked me, in his hearing, if I knew him—I said I did not—the guard said, "I have caught him going away with this carpet bag"—I asked him what his name was, and he said, "James Shallon"—I asked him what he was, and he said he was a master tailor, and lived at 19, New Kent-road—I asked him if he knew any public houses there—he said no, but he lived next door to a chandler's shop—I asked him where he was going; he said, "To Stratford"—I asked if he had any ticket; he said, "No"—I asked him if his carpet bag was locked; he said, "No," he had the key, but not with him—I asked him what the bag contained, he said four shirts only—I asked where he left it, and he pointed to the second class waiting room door, and said, "I put it down beside the door," and that he had taken this in exchange.
Cross-examined. Was the train about to start? A. Yes; I was going by it—the tickets are issued from 10 minutes before the time of starting.
MR. PARRY. Q. You were not examined before the Magistrate? A. No; I have been in the country a month.
One of the Jury, while they were considering their verdict, asked whether any bag belonging to the prisoner was found, upon which
GEORGE GRITTON (officer of the Railway Company, who was not sworn, stated), I am station master in the absence of the master—I have searched for this bag, and it has not been found—I have not found a bag with four shirts in it.
MR. PARRY. Q. Things not found are afterwards sold, are they not? A. Once in two years—we have a depot for the goods.
(The prisoner was further charged with having been twice before convicted.)
JOHN BAKER re-examined. I was present at the Newington Quarter Sessions, in Oct. 1850, when the prisoner was tried for stealing a portmanteau from the London-bridge Railway Station—I produce a certificate—(read: James Myers, convicted Oct. 1850, of stealing a portmanteau, a coat, and other articles, value 4l., of Francis Moore; Confined six months.)
THOMAS MERTON re-examined. I produce a certificate (read: James Henry, convicted at'the Central Criminal Court, Oct. 1848, of stealing five gowns, and one wooden box, value 7l. 3s., of Thomas Williams; Transported for seven years)—the prisoner is the person—he was pardoned on account of ill health.
GUILTY. Aged 30.
MR. ROBTON (for MR. PARRY) submitted (in arrest of judgment) that as the witness Gritton, of whom a material question had been asked, was not sworn, the conviction was invalid. The COMMON SERJEANT having consulted MR. BARON ALDERSON, directed the Jury to retire again, and reconsider their verdict, leaving out the evidence of Gritton. MR. PARRY objected to this, the verdict having been recorded, and two previous convictions proved. MR. BALLANTINE pressed the Court to pass sentence, leaving MR. PARRY to take any course he thought proper afterwards. The COMMON SERJEANT directed the Jury to reconsider their verdict, and, having retired for about five minutes, they again found the prisoner
The two previous convictions were again proved (MR. APRRY objecting), and the prisoner was ordered to be Transported for Seven Years.
Before Mr. Recorder.
GUILTY . Aged 19.— Confined Four Months.
Before Mr. Common Serjeant.
GUILTY .— Confined Three Months.
MR. POLAND conducted the Prosecution.
JOHN LEONARD MAIDMAN . I Am twelve years old. On 8th June I was at Woodford Wells, and met the prisoner—he asked me if I would go to a shop and purchase some tobacco for him—he gave me a shilling, and told me to bring him the change; I went, and brought it to him—he then told me to go to Mrs. Holwell, and get a half quartern loaf; he gave me a shilling for that—I went, and gave the shilling, and Mr. Holwell bent it—an officer was sent for—I went with the officer, and took the bread to Fourtree-pond—the prisoner was there, and he was taken into custody by the officer.
MARTHA HOLWELL . My husband keeps a baker's shop at Woodford Wells. Maidman came on 8th June for some bread; I served him; he offered me a shilling—I was looking at it, and Mr. Holwell came in—I said to him, "This is a bad shilling, is it not?"—he bent it, and said, "It is a bad one"—he went for a constable—I gave Maidman the bread, and gave the shilling to the constable.
THOMAS DELABATOUCHE (policeman, K 146). On 8th June I went to Mr. Holwell's shop—I went with Maidman towards Fourtree-pond—I saw the prisoner standing there without his coat—when Maidman went towards the prisoner he went towards the pond, and threw something in—I was about four yards off—I raked the pond, and found 11 1/2 d. in copper—I produce the shilling I received from Mr. Holwell.
Prisoner's Defence. I was waiting for a man at the works; I sent this boy with the shilling; I did not know it was bad; I then asked him to go for some bread; I waited there till he came back; I saw the policeman, and he says I threw the money into the pond; I did not do anything of the kind.
GUILTY .* Aged 53.— Confined Twelve Months.
Before Mr. Common Sergeant.
GUILTY . Aged 19.— Confined Six Months.
MESSRS. BODKIN and DAWSON Conducted the Prosecution.
LOUISA JANE BAKER . I am the daughter of Edward Baker—he lives at Deptford, and sells potatoes. On 14th May the prisoner came and asked for 1d.-worth of potatoes—he gave me a sixpence—I bit it, and showed it to my father—it turned out to be bad—my father said it was bad, and he kept it—I had seen the prisoner come to the shop before.
EDWARD BAKER . I am the father of the last witness. I remember her giving me a sixpence on 14th May—the prisoner was in the shop—I was in the parlour at dinner—I went into the shop and said to the prisoner, "Why do you bring this to me? it is a bad one"—he said, "Give it me back, master"—I said, "No, I shall keep it"—I put it in ray waistcoat pocket by itself—I kept it there till the evening, and then put it in a small drawer in my
bedroom—I afterwards gave it to the policeman—I am sure it was the one my daughter gave me.
HENRY CROSSLEY . I am a leather-seller, at Deptford. On 19th May the prisoner came to my shop for Id-worth of nails; he offered me a shilling, I saw it was bad—I asked him how he came to pass such money—I shut the door, and sent for a constable—I had some suspicion of the prisoner, as he did not seem to know what nails he wanted, he said he wanted small nails—I said, "Will five-eighths do?"—he said, "Yes"—I kept the shilling, and gave it to the policeman.
Prisoner's Defence. I get my living in the streets; I did not know the money was bad; I asked him for ld.-worth of sprigs.
GUILTY . Aged 17.— Confined Three Months.
Before Mr. Recorder.
GUILTY. Aged 35,—Recommended to mercy. — Confined Three Months.
MR. RYLAND conducted the Prosecution.
RICHARD SAMPSON . In April last I was cook, on board the merchant-vessel Witch of the Wave—she came from China in eighty-four days to this country—that was a very quick voyage—she is an American clipper—I cannot be certain of the day she arrived, because I was confined to my lodgings—I went out to take a walk on a Tuesday towards the end of April, about 9 o'clock in the morning—I had a brooch in my shirt, and 6l. 4s. in money in my purse—after I had walked as far as the London Docks, on the opposite side, a gentleman came up to me and said it was a fine day—I said, "Yes" I leaned against the wall—he took his hat off, and wiped his face—he looked down and saw my slippers—he said, "You seem a cripple"—I said, "Yes, I have been confined some time"—he asked where I meant to go—I said, "Not far, on account of my legs being swelled"—he said, "It is very well if you walk in the morning; it is very good"—we walked on, and the prisoner came up and said to me, "How do you do, steward?"—I said, "Very well"—he said, "It is quite a fine day"—I said, "Yes"—I cannot say that be spoke to the other man—they did not seem to know one another—I was limping along—we went on towards the Thames Tunnel—about sixteen or eighteen yards further a gentleman came up and spoke to the other man—he said, "Good morning?" to them before he made his address to me—hethen Raid to me, "How do you do, steward?"—I said, "Pretty well"—he said, "It is a dry season"—I said, "I cannot say much about it; I have but just arrived"—he described himself as a farmer, and said, "If we only could get a fortnight's rain we could do business"—we all walked on together to the Thames Tunnel, but before we got there I was asked by these gentlemen two or three times to have something to drink—my reply was, "Gentlemen,
you must excuse me, not having been used to do it, I cannot do it"—we went on to the Tunnel—I was some time getting down the steps—when in the Tunnel the prisoner wanted me to have something to drink—I said, "You must certainly excuse me; my physic does not allow me to have any"—when we got up to the stairs I said, "I am going, for I am ill"—they said, "As soon as you get up the stairs you will be at home"—I was a stranger; I did not know there were two places—when we got up, I said, "Gentlemen, I feel bad; I will get home as quick as possible"—one of the gentlemen was a man that keeps a lodging-house, he pretended to be my friend—the prisoner said he inherited a fortune from his uncle, and his father and mother were dead—I said, "It appears I am going out of my way"—the one that represented a farmer said to me, "Where you see the persons corning, that is the bridge, you get there and get over, you will be home"—we went on to a public house door, and he said, "When I want my dinner I don't want to have smoke, I want victuals"—he walked to another place, and I did in the same way—we got to a third place—before we got up to the door I missed the farmer—the prisoner came up to me, and the one that pretended to be my friend said, "I am going to the water closet"—and he ran right through the public house—I stood upright in the street—the prisoner said, "Come in"—his friend was inside, and had called for some beer—I went in the public house—the prisoner and I were the lest that went in—there were three and myself—the woman that keeps the house was busy getting the meal for her husband—the prisoner said, "Will you have some wine?"—I said, "No, I do not want any"—they called for a pot of beer and three glasses, and put them before me—I took the pot and glasses and pushed them over to the prisoner—the prisoner looked at a brooch I had in my shirt—he said, "Is this your brooch?"—I said, "Yes"—he said, "I wonder how I should look in a brooch, and a gold watch and chain"—the one who represented my friend came and took my brooch out and put it in the prisoner's bosom—he stood up and said, "How do you think I look?"—he said, "You look remarkably well"—the one who pretended to be my friend took the brooch and gave it me—I was about to put it in my bosom, and he said "Don't put it in your bosom, put it in your pocket"—I thought, very likely these fellows with sleight of hand will give me a grab—I kept it in my hand and had the purse in my pocket—the prisoner then brought forward a conversation about a lock—he produced a little padlock—the farmer said it could not be opened—my friend said it could be—he opened it and the prisoner opened it, and he said to me, "Richard, open it"—he said, "Just look"—I said I could not open it—my friend said, "Try, you can open it; take out your purse"—the prisoner said, "Take out your purse" to make a bet that I could open it—the three then came up to me and said, "Take out your purse and make a bet"—I said, "You see, gentlemen, I am sick, I cannot open this lock"—I wanted to get off—they insisted I should take out my purse—I took it out—there were six sovereigns and four shillings in it—the prisoner took hold of my purse—the farmer came up close, and the prisoner turned my money into the farmer's hand—the prisoner sung out "Six," and the farmer wheeled himself right out of the door—my brooch went with my money—the prisoner did not go right out, he drew his seat more on the opposite side—my friend got in front of the prisoner, and he said "Richard, come along, let us go get a policeman"—Hollowed him just outside the door—I wheeled right round and said, "I will not go further; you go and get a policeman, and I will look after these two men"—my friend made off, and I wheeled round and saw the prisoner going as fast as he could—my foot
was as large as my head, but I became all on a sudden as light as a cork—I caught my cane and pursued the prisoner—I caught him, and laid the cane about him till the cane smashed—he got from me, and I pursued and caught him again—he got from me again and got to a trough—I kept him between the flag staff and the trough—I said, "Give me my money!"—the farmer came up and shoved the money in the prisoner's hand, while I had him fast, and when I saw the money in the prisoner's hand I saw it was my money—I caught his hand and took it from him—I looked in my hand and saw it was only 2l. 4s. and the brooch—he escaped—that was the third time I had caught him—I saw the money and said, "This is not my money"—I sung out, "Thief! stop thief for me"—there were some came to my assistance, but he ran them down, and Mr. Smith ran out of his house and caught him—I sung out, "In the name of God! hold the thief for me, he has robbed me."
Cross-examined by MR. COLE. Q. Was this your first visit on shore? A. No; I came from the ship on shore during my sickness—I did not come on shore for a spree—my capacity does not allow me to be a sailor—my going to sea does not make me a sailor—I did not come on shore that day—I bad been on shore sick some days before—I had been sick and took physic—I had drank nothing but water that day—I have never used spirits in my lifetime—I am over thirty eight years of age—I was sober that day—I should say I was five minutes in the house before this lock was produced; I did not take it in my hand—the prisoner took out the lock—I took the purse out of my pocket, and the prisoner put the money in the farmer's hand.
Q. They said you could not open the lock while they said "Six?" A. I never heard anything further than "Six"—I was not suspicious till they all went out but my friend—my friend took me out—when I got out I saw the prisoner outside—when I came to him he wanted to get away, and I broke my cane over his head—I stuck to him—he made his escape three times—I never lost sight of him till he was caught, and brought into the station.
COURT. Q. I thought I understood you to say that the prisoner turned your money into the farmer's hand? A. Yes; and when the farmer saw that I was pursuing the prisoner, he came to him and shoved 2l. 4s. and the brooch into his hand—I saw it was the money, and I laid hold of the prisoner's fist—I pressed it open, and said, "It is my money, give me my money"—in putting it into my pocket he got away—I sung out, "Stop thief!"—he ran through the crowd like everything, and Mr. Smith ran out and caught him—I suppose they separated my money, and gave him one portion.
JAMES SMITH . I am a cowkeeper, and reside at Rotherhithe. On 27th April I was near Millpond-bridge—I saw the prosecutor and a mob of people—the mob stopped, and the prisoner ran out of the mob followed by the prosecutor about fifty yards—he called, "Stop thief!"—I ran after the prisoner and stopped him—the prosecutor said, "Hold that man, he has robbed me"—the prisoner said, "Don't hold me, I have got nothing"—the policeman came and took him.
ELIZABETH ENSON . I am the wife of James Ensor; he is foreman to Mr. Egerton, a marquee manufacturer. I live in Greenfield-street, Commercial-road—I was in Rotherhithe about 2 o'clock on 27th April—I heard a cry, "Stop that man!"—I saw the prosecutor stop the prisoner—he asked him for his money—the prisoner said he had given him his money, what more did he want—he then got away from the prosecutor—there was a cry of "Stop thief!" and I saw no more; I did not follow him—I saw something pass from another man to the prisoner before the prosecutor caught him.
was on duty at Rotherhithe—I saw the prisoner running, and saw him stopped by Mr. Smith; he held him till I got up—the prosecutor came up, and said he had robbed him of 6l. 4s. and a brooch—the prisoner made no answer—I took him to the station—I found on him ten flash notes, sixteen medals representing sovereigns, and four representing half sovereigns.
THOMAS JACKSON (police sergeant, M 5). I was on duty at Rotherhithe station when the prisoner was brought there—the prosecutor produced to me a brooch which I have here—the prosecutor said the prisoner had robbed him of 6l. 4s. and a brooch—the prisoner answered, "I gave you the brooch back again."
COURT to RICHARD SAMPSON. Q. When the prisoner emptied your purse into the farmer's hand, what did the farmer do? A. The prisoner said, "Six," and the farmer closed his hand and walked out—my friend said, "Let us go and get a policeman"—I did not look at the farmer, I looked at this man who turned my money out—the farmer afterwards put the money back into the prisoner's hand—when I looked round and saw the prisoner, he rantowards the farmer—the farmer, seeing I was so resolute that I would have bim, came and put 2l. 4s. and the brooch into the prisoner's hand.
GUILTY . Aged 25.— Confined Six Months.
MR. O'BRIEN conducted the Prosecution.
JOHN CARPENTE (police sergeant, R 38). On Sunday evening, 23rd May, I went to the prosecutor's at the Gloucester Tea-gardens, at Greenwich—I went into the kitchen—I saw the prisoner there; she was acting as a servant—I told her she was suspected of robbing her master of a quantity of tea and sugar—she said she had not done anything of the sort—I told her she and the other servant must be searched, and turn their pockets out—they immediately ran behind the fire screen—the prisoner was fumbling about and stooping down—I went behind the screen, and requested Mr. Larkan to get a light and look under the stove—he did, and pulled out this apron, which is made into a sort of bag, and there is a little piece of print attached to it which I compared with a gown the prisoner bad on at the time when I got to the station, and there was a place from which I could see that a piece like this had been taken—there was a place corresponding with this piece, which I cut away out of her dress just by her pocket at her side—before I took her to the station I asked her how she accounted for this tea which I found in the apron—she said she found it down in the cellar amongst some wood that morning, and if I went down and looked in the oven I should find a teapot half full of ale.
Cross-examined by MR. PAYNE. Q. Did you find the ale in the teapot? A. Yes; the prisoner is married and has a family—I have seen her at Mr. Larkan's on Sundays.
JOHN WHITE (policeman, R 180). I was at the station when the prisoner was brought there—she gave her address, 15, New-row, Deptford—I went there with Carpenter and Mr. Larkan—I found the prisoner's husband there; be showed us his rooms—I searched there, and found these knives and forks—Mr. Larkan identified them.
Cross-examined. Q. The prisoner was not there? A. No; she was locked up—I found these knives and forks in a drawer.
ANDREW CHARLES LARKAN . I am landlord of the Gloucester coffee-house. The prisoner was in my service, as charwoman, and did something at the bar when we were busy—on 23rd May, having missed about 7 lbs. of tea, I made
communication to the officer—he went into the kitchen, which is on the same floor with the bar—he told me, in the presence of the prisoner, to get a light—I did, and looked into the ash-hole of the hot plate—I brought out this towel, and tea in it—the prisoner was present—she went down on her knees, and begged and prayed to be forgiven—she was taken to the station, and went down on her knees again there—this tea is exactly the same kind of tea as I missed—we matched it—it was in this glass cloth—I kept it in a large canister—I believe these knives and forks to be mine—I had missed some—I bought these knives and forks the Saturday before Easter—I afterwards missed them—there is no mark on them further than the maker's name—I had noticed the name before—these correspond with mine io description and character.
Cross-examined. Q. They are the same kind of knives that you had? A. Yes; the prisoner said she had fonnd the tea in the oven house—that is in the cellar under the kitchen—I was in the cellar when the ale was found—the prisoner was employed about three days in a week, and every Sunday in the bar—she came about 7 o'clock in the morning, and went away about 8 or 9 in the evening—she is married—I saw two children when I was at her house—I did not see one siek.
GUILTY. Aged 3l.—Recommended to mercy by the Jury. — Confined Two Months.
MR. O'BRIEN conducted the Prosecution.
JOHN CARPENTER (police-sergeant, R 38). On 23rd May I went to Mr. Larkan's—I spoke to this prisoner, and told her she was suspected of robbing her master of tea and sugar—she said, "I have not robbed my master; I have done nothing of the sort; I have not seen any tea or sugar"—I told her she must be searched; she must turn out her pockets—she immediately went behind the screen, and was fumbling by the side of her dress—I told her to take her hand away, which she did, and I took from her pocket this piece of lump sugar, six ounces—I said, "You have something else;" and she pulled up her dress, and in another pocket were these two parcels of tea—she said she was very sorry she had taken it, and she hoped her master would forgive her—I took her to the station, and when there she gave me a key—she said it was the key of her box, in her room—I asked where she lived—she said, "With Mrs. Birch, in the back room up stairs"—I went there, and found a box, which I unlocked with this key—I found it contained, amongst other things, this jar full of sugar; this pint pot, containing a dozen metal teaspoons; two German silver table spoons, and eight knives and forks, of the same pattern, and the same name on them, as the others were—I went back to the station, and told her what I had found—she then said the box did not belong to her; it belonged to an old woman.
Cross-examined by MR. PAYNE. Q. Did she say this was the key of a box? A. She said, "My box;" she said the box belonged to an old woman—I asked her what old woman, and she said a widow woman—I said to-day it was six ounces of sugar, but it was five ounces of sugar, and six ounces of tea.
ANDREW CHARLES LARKAN . I was present when this prisoner was accused—she was employed by me for charring—after she had her pockets turned out, she begged of me to forgive her—she said she was very sorry, and would not do it again—these table spoons have a private mark on them—I had seen this mark—I am satisfied they are my spoons—these other
spoons are exactly like mine—there has been a mark on this pint pot, but it is scratched out.
GUILTY . Aged 40.— Confined Two Months
GUILTY .*— Transported for Seven Years.
Before Mr. Common Serjeant.
GUILTY . Aged 26.— Confined Twelve Months.
CHARLES PHILLIPS (policeman, M 275). On 27th May I was taking charge of some premises near the Country Dock, Rotherhithe, and about half past 4 o'clock I saw the prisoners in the adjoining premises, which is Mr. Freeman's stone yard; they crossed there, and I saw them both go into Mr. Ferguson's premises, which are unoccupied—they are in the parish of St. Paul, Deptford—I went round to the front, waited there half an hour, and saw both the prisoners come over the wall together—they appeared rather bulky about the waists, and I went with Fordham and asked M'Carthy what he had got—he said he had nothing—I searched him, and found this piece of lead (produced) inside the waistband of his trowsers—I asked how he came by it—he said he found it near George's-stairs—that is close by where I took him—I afterwards examined the roof of Mr. Ferguson's premises, and found some lead missing—I took this piece (produced) from the roof, and it corresponds with what I found on M'Carthy.
Cross-examined by MR. LILLEY. Q. How long have you been stationed in the neighbourhood? A. Since last Jan.—I know the boundary of St. Paul's, Deptford—I took the prisoner within the boundary—I do not know whether part of the parish is in Surrey.
Bradley. Q. How high was the wall where we dropped over? A. Nine feet—M'Carthy's arm was not so bad then as it is now—(M'Carthy's arm was in splints.)
THOMAS FORDHAM (policeman, M 260). I was with Phillips, and saw the prisoners go into Mr. Ferguson's premises. We walked round to the front, waited, and they came over the wall out of the premises—they were bulky about the body—I went and asked Bradley what he had got—he said, "Not anything"—I searched him, and found this lead (produced) in his trowsers—I asked him where he got it, and he said he found it down George's-stairs—this house is in the parish of St. Paul, Deptford.
Cross-examined. Q. How far is it from St. Paul's Church? A. About a mile and a quarter towards Greenwich—Greenwich parish comes up to the Creek Bridge.
ALEXANDER BRAGGER . I am foreman to Charles Augustus Ferguson; he is a block maker. These premises belong to him—I have known them for fifty years—they are in the parish of St. Paul, Deptford, and in the county of Kent—I have been to the premises since I heard of this, and have mended thirty-six feet of lead on the roof of the engine house—the premises have been unoccupied two years.
Bradley's Defence. We picked the pieces of lead up by the Stairs, and put them in our trowsers; we never went into Mr. Ferguson's premises at
all; if we had wanted to we could have walked in, as the walls are knocked down.
M'CARTHY— GUILTY .** Aged 17.
BRADLEY— GUILTY .** Aged 17.
Confined Twelve Months.
(There was another indictment against Bradley.)
EDWIN FREDERICK SYMS . I live at Oxford-street, Islington. On 15th May I was at a public house at Blackheath, playing at bowls with two friends, from 4 o'clock to 7 or 8—when I began to play I took ray coat off, and laid it on a seat at the bottom of the bowling green—about two hours after I began playing, Dixie, a flyman, came in, and said something to me—we left about half past 8, in Dixie's fly, and I left my coat behind—I did not look for it before I left—the prisoner went on the box of the fly with the driver, and I and my friends inside—when we had gone about 300 yards I missed my great coat—I told Dixie I had left it behind, and he said he would drive us back—the prisoner could hear that, and when we got back he said, "Don't trouble yourself about it to-day, you had better come down on Monday and look for it"—I went into the bowling green with Dixie, but could not find my coat—we left the prisoner on the fly box, and when we came back he was gone—I then gave information at the police station, went to the railway station, and while there a police sergeant came to me—I went with him to the cab stand, near the station, where Dixie's fly was, and the coat was found in my presence in the sword case—this (produced) is it—I had then left the fly a quarter of an hour.
Prisoner. Q. What time did I come into your company? A. I cannot say precisely, it was between 6 and 7 o'clock—I did not see you go out of the ground before we left.
Prisoner. Q. What colour coat wal it? A. A dark coat; I did not see it open, it was on your arm—it was between 8 and 9 o'clock.
GEORGE BEASON (policeman, R 22). Dixie came and gave information—I went after the prosecutor and found him at the station—I went with him to the cab stand, and found Dixie and the fly there—I found the coat in the sword case of the fly.
WILLIAM FORD (policeman, R 225). I found the prisoner at Dixie's stable—I do not know whether he was asleep—I roused him, and told him I should take him into custody for being concerned in stealing a coat at the Sun—he said he did not put the coat into the carriage.
JOHN DIXIE . On this evening, when I left with the gentleman in my fly, the prisoner rode on the box—when we got to the bowling green again to look for the coat, I left the prisoner in charge of the carriage, and when I came back I could not find him—I went to the station and then went on to the stand—a policeman and the gentleman came to the stand and found the coat.
Prisoner. Q. Was I not on the box when you first came out of the bowling green? A. Yes.
COURT. Q. Was the prisoner in your service? A. Yes; I used to let him sleep in the loft, and he could get to my cab at any time—I never heard anything against his character.
Prisoner's Defence. I know nothing of the coat; I did not leave the
grounds from the time I first went till I left; when the coat was found Dixie was given in charge.
GUILTY . Aged 27.— Confined Eight Months.
JAMES SHINGLES . I am potman at the Coach and Horses, Greenwich market. The prisoner brought this waistcoat to me to purchase; I told him I did not want to buy it—he said he had had nothing to eat all day, and asked me to lend him some money—he had 4d. of me, and said if he did not redeem the waistcoat in the course of the day I was to have it.
Prisoner's Defence. I bought the waistcoat of a man for 3d.
The prisoner was further charged with having been before convicted.
GUILTY.** Aged 21.— Transported for Seven Years.
Before Russell Gurney, Esq.
682. ELIZABETH HOOD , stealing 1 petticoat, 1 book, and other articles, value 11s.; the goods of Ann Geach; also, 1 petticoat and 1 nightgown, value 2s.; the goods of Richard Collins: to which she pleaded
GUILTY .— Confined Three Months.
RILEY pleaded GUILTY .— Confined Six Months.
WILLIAM NASH (policeman, R 210). On 1st June I was on duty at Greenwich Fair—I saw the prisoners together, and watched them from a quarter to 2 o'clock till a quarter past—they were talking and smoking together—I saw them both go towards Simms, and I saw Riley take a handkerchief from his pocket while Atkinson held his coat covering him to prevent any one seeing—I caught Riley and took the handkerchief from him, and another constable took Atkinson.
WILLIAM ATKINS (policeman, R 137). I saw the prisoners in company, following Simms for about half an hour, and I afterwards saw the handkerchief on Riley—I took Atkinson into custody, and charged him with being in company with a man who stole the handkerchief—he said, "I do not know him; I have not been in his company."
Atkinson's Defence. I was not in Riley's company; I never spoke to him, and never recognised him till we met before the police.
ATKINSON— GUILTY .**— Confined Six Months.
Before Mr. Common Serjeant.
MR. CAARTEEN Conducted the Prosecution.
JOHN STAPLES . I am a baker, at Wood-street, Walthamstow. On the evening of 2nd Nov. I turned a pony into Epping Forest—I looked for it next morning and could not find it—in Feb. I went to Mr. Wood's public house, at Crayford, in Kent, went into a field there, and found my pony in his possession—I told him it was mine, and that it was stolen—he mentioned the name of James Russell—I knew the prisoner all the summer; he lived and worked close to me—I last saw him a few days before I lost the pony.
Cross-examined by MR. HORRY. Q. You liveat Wood-street, Walthamstow? A. Yes; and he lived at Woodford—that is about three miles off—he used to run donkeys for ladies in the Forest, and Iran ponies—he used to travel about with these donkeys.
JAMES RUSSELL . I am a gardener, at Bexley, in Kent. Between 24th and 27th Nov. I saw the prisoner at the Ordnance Arms, Blackheath—he had the pony there, and said he had bought the pony he had been telling me about—he had told me at Greenwich market the same day that he had the pony—he said he had got a pony he thought would suit me; he knew I wanted to change my big one for a smaller one, and it was in the marshes, and I was to meet him at the Ordnance Arms—I gave him my horse, 7s., and half a gallon of beer for it—I kept it between two and three months, and then sold it to Mr. Wood, at Crayford, for two guineas—about a fortnight after I sold it, Staples came to me, and I told him who I had sold it to—I went with him to Wood's, and there saw the pony.
Cross-examined. Q. It was not a very valuable one? A. No, very poor indeed; I did not have a great deal of talking before the price was fixed—I do not recollect his saying he bought it from Smithfield; he said he had worked it all the summer at saddle work—I have not mentioned that to any one till now.
GUILTY . Aged 28.— Confined Six Months.
Before Russell, Gurney, Esq.
GUILTY . Aged 18.— Confined Six Months.
Before Mr. Baron Alderson.
MESSRS. BALLANTINE and SLEIGH conducted the Prosecution.
ELIZABETH WALLIS . The prisoner is my husband—I resided with him at No. 5, Pickton-street, Camberwell. On Friday evening, 4th June, between 6 and 7 o'clock, he came home drunk and threatened my life—I do not know what made him angry with me, I never gave him any provocation—he had frequently threatened me before—I had not given him any provocation upon
those occasions—in consequence of his violent conduct on this evening I left the house—I left Maria Higgs there, who had heen with me all day helping me in my work—I went to No. 1, a neighbour's house, and staid there more than an hour—in consequence of a message which I received I went back to my own house about 9—I found my husband in the front room up stairs—I said to him, "I hope you will go to bed quiet"—he said, "I think I had better, or I shall go to Horsemonger-lane"—he then said, "I don't mind going there, as long as I don't go for murder"—I was making the bed at this time—his words became very violent, and threatening; he said he would have my life, and have my heart out, and I ran down stairs and he after me—I did not see anything in his hand—he overtook me in the front room down stairs—there was a light on the table there, but in the struggle it was knocked down and put out, and we were then in the dark—I felt a prick in my arm, and then a smarting as if it was cut by a knife, and I heard the knife fall on the floor—that was the first blow he had struck me that evening—I cried "Murder!" and said I was stabbed, and my son who was up stairs in the back bedroom came to my assistance—he is seventeen years old—he tried to pull me away, and my husband pulled him down by the hair of his head on to the floor in a minute; he at last got me away and I then ran to the door—a person brought in a light from next door—I then looked at my arm and found it gashed up a little as if by a knife, and it was bleeding very much—it is just above the wrist—there was a small pool of blood in the room where I was stabbed—the knife was found on the floor.
Prisoner. I had been out from 9 o'clock in the morning, and when I came home my wife began abusing me, and said, "Well, you have had all this day again, I hope you have had enough drink now;" but before that, in the morning, she asked me to move a tub out of the back room into the wash house, and when I got it to the door I asked her where I was to put it; I asked her the question three times and she gave me no answer, but stood and laughed at me, and that was the cause of my going out; she generally treats me in that way. Witness. It is all false; when he came in I did not speak to him, any more than saying, 'Will you have some tea, Wallis,"
MARIA HIGGS . I am the wife of James Higgs, and live at Camberwell. I was with Mrs. Wallis on Friday, 4th June—the prisoner came in between 6 and 7 o'clock, intoxicated—his wife did not say a word to him—he immediately walked through the two rooms, into the back place, where she was standing at work, and began abusing her, calling her very bad names, and said he would dash her b—brains against the wall—this went on for nearly an hour, and she then went away—after some time, I went to persuade her to come back—she got in the back way—the prisoner was then up stairs—I do not remember whether she went up stairs, but he rushed after her into the front room, where I was, and a scuffle took place—I saw a knife in his band; it was a small carving knife, with a narrow blade—it had a point, but it was blunt—this is the knife (produced)—I am not aware that he had been using it—I had not seen it that day—while she was away he made use of very shocking expressions, and said he would break her neck when she came in—before she came back I asked him whether he would do anything to her if she came back—at first he said he would break her neck, but afterwards he said he would not hurt her, and told me to tell her to come home—I went, and she came back—I saw the knife in the prisoner's hand before the light was put out—he had it in his right hand, and his arm was raised—he had hold of his wife with the other hand, and said he would have her heart out, using a shocking expression—just at that moment the candle was thrown down, and we were
left in the dark—Mrs. Wallis appeared to have her left arm up, as if to defend her face—that was the arm that was wounded—the moment the light was knocked out, and the scuffle took place, some persons rushed into the room—Mrs. Wallis called out, "Murder! I am stabbed!"—I heard her cry that in the dark—a light was brought in by a person next door—I found a good quantity of blood on the floor where I had seen them standing, and I found the knife lying where the blood was—there was blood on it—the police came, and the prisoner was taken.
Prisoner. I desired you to go and tell my wife to come home, and I would not hurt her. Witness. Yes, you did.
JOHN BUSHELL . I am a surgeon, living in Kennington-lane, Lambeth. I was called to see Mrs. Wallis about 12 o'clock, on Saturday, 5th June—I found two wounds on her left arm, one on the upper part of the fore arm, towards the outer side, and another three or four inches above it—the lower wound was evidently done by some cutting instrument—a knife would do it—it looked as if it was a stab, not a straight incision from a downright blow; it went through the flesh, and tore it up—this knife might have inflicted it—it must have been done by a thrust—the other wound might have been produced by the same blow, but it must have been under extraordinary circumstances—they were not dangerous wounds.
Prisoner's Defence. I came home, and went up stairs, into the front room, and went to bed; I recollect my wife coming into the room; she said, "Wallis, shall I bring the children home?" I said, "You can do as you like;" with that she runs up to me, to the best of my recollection, and drags me out of bed, and then I suppose I followed her down; I have no recollection of having the knife, or seeing it, until I saw it at the station on the Saturday; there is an iron round the, ironing board that my wife works at, and the knob is off the door of the front room, so that it has a sharp point sticking out, and she might, in the scuffle, have knocked her arm against that or the ironing board.
GUILTY on 2nd Count. Aged 38.— Transported for Ten Years.
Before Mr. Common Serjeant.
687. TIMOTHY M'CARTHY, CORNELIUS FARRELL , and THOMAS JONES , stealing 2 pairs of trowsers and other goods, the goods of George Jeffery; and I jacket and other goods, the goods of George Jeffery, the younger; in a vessel on the Thames.
RICHARD WHITE . I am an inspector of the Thames police. About 4 o'clock in the morning on 9th June, I saw the three prisoners in a boat at Rotherithe—they rowed towards Wapping—I ordered my galley to row after them, and I followed them closely—just as I got near them, Jones and Farrell jumped overboard—I got them into my boat, and secured McCarthy—I took them all to the Thames police station at Wapping—i found in their boat these boys' coats, trowsers, and other things—I found this cigar case on Jones—it dropped from under his coat, and I found on him this other case and five cigars in it—I found on Farrell two waistcoats and two jackets, which he was wearing—one of the waistcoats and jackets were identified by Mr. Jeffery—I asked the prisoners whose things they were, and they said they were their own—they were locked up, and Captain Lobsell came and identified part of the property.
jacket, and this pocket handkerchief all belong to me—I took them, off the night before, and laid them in the cabin of the Charles, where I slept—it was off Rotherithe—these cigars are mine—they were in my jacket pocket.
GEORGE JEFFERY the elder. I am the father of the last witness; I am master of the Charles. These other things belong to my children—they are my property, and were lying in the cabin on board the Charles—they were in the room I slept in—I was not disturbed in the night.
M'Carthy's Defence. I was on the platform, and these persons asked me to take them to the steamboat—we went, and found these things in a boat—we were pulling off, and the police came, and these two jumped overboard.
Jones's Defence. I picked up this cigar case, and put it into my pocket.
M'CARTHY— GUILTY . Aged 18.
FARRELL— GUILTY . Aged 19.
Confined Twelve Months.
JONES— GUILTY . Aged 25.— Confined Six Months.
GUILTY . Aged 20.— Confined Six Months.
MESSRS. SCRIVEN and LILLEY conducted the Prosecution.
JAMES WALLIS . I live in the Old Kent-road. The prisoner came to my house on 31st May for a penny roll—I would have served her with it, but she objected to the one that I offered her, and had two halfpenny ones, because they were crusty—she tendered me a sixpence—I pressed it on the counter, and found it was bad—I asked her if she had got any more—she did not say whether she had or not—I threatened to give her in charge—she seemed indifferent about it—I looked for an officer, but I did not see one, and she left the shop—I put the sixpence into a private till till the next morning, quite separate from all other money—the prisoner came the same evening to a friend's house, where I was—she tendered another bad coin, and I gave her to the policeman.
EMMA SAUNDERS . I am the wife of Thomas Saunders, who keeps the Swan inn, Park-road, Peckham. On Monday, 31st May, the prisoner came to my bar a little before 11 o'clock in the evening—she asked for Id.-worth of rum—I served her—she gave me a sixpence—as I threw it into the till I saw it was bad—I took it out, and bent it—I had no other sixpence in the till, having cleared the till before—I said, "This is a bad sixpence that you have given me"—the prisoner said immediately that I bad changed it—I had not given her the change for it—I kept the sixpence in my hand—my husband came out of the parlour, I gave the sixpence to him, and he passed it to the constable—it was not out of my sight for one minute.
Prisoner. Q. You bent the sixpence before you threw it into the till? A. No; I did not—I took it out and then bent it.
JAMES VENTHAM (policeman, P 212). I was called into the Swan, and the prisoner was given into custody by Mrs. Saunders for passing a bad sixpence—she said she had given Mrs. Saunders a good sixpence, and Mrs. Saunders had taken a bad one from the till and given it her back—I received this sixpence from Mrs. Saunders, and the next morning I received this other from Mr. Wallis.
Prisoner. I never went into the first man's shop; I went into this lady's,
and gave her a sixpence, she tried to bend it; she took another from the till and bent it; it was bad; I said that was not the one that I gave her; she had me taken up because I would not go without my change or the sixpence.
GUILTY . Aged 18.— Confined Six Months.
MESSRS. SCRIVEN and LILLEY conducted the Prosecution.
ABIGAIL KEEFE . I live with my brother, who keeps the Flying Dutchman, in Bermondsey New-road. On 31st May there was a concert there—the two prisoners came together between 10 and 11 o'clock—they called for a pint of porter, and Barton gave me a shilling, which I put on the edge of the till by itself—they then went up stairs in the direction of the concert room—about five minutes afterwards I received a message from my brother, who was up stairs, and I sent the shilling which I had received from Barton up to my brother, by Patrick Keefe—this is it—I bit it, and the mark of my teeth is on it.
JOSEPH KEEFE . I keep the Flying Dutchman, in Bermondsey New-road. I had a concert up stairs on 31st May—the prisoners came up to the concert room between 10 and 11 o'clock in the evening—I went round and asked if anything was wanted, and Hancock said, "Fetch me up a pint of porter"—I did so, and he placed a shilling on the table—I took it off the table, and found it was bad—I told him so—he said, "Oh, no, it is not if that is not good, I will give you halfpence for the porter"—the prisoners were then together—I bit the shilling, my teeth went into it—I shoved it into my waistcoat pocket with my watch—I took the beer away, and ordered the prisoners to go down stairs—Hancock began to abuse me—I sent my younger brother down stairs to my sister, and he brought me a shilling back—I did not notice that, because we were all in a bustle—I shoved it in my waistcoat pocket along with the other—I sent for an officer and gave the prisoners into custody.
PATRICK KEEFE . On the night of 31st May I was in the concert-room—I saw the prisoners come in there—my brother sent me down to my sister to see if there was any more bad money in the till—I received one shilling from my sister, and took it up to my brother—I gave it to him—he put it in his pocket with his watch.
ISSAC HUNT (policeman, P 209.) I took the prisoner on the 31st—I have the two shillings—Barton said his was good—the woman had tried it at the bar, and Hancock said he had paid the landlord for the beer, and it made no difference to him.
Bartons Defence. I did not know it was bad; it was part of change of a half-crown I had received in the Dover-road before I went to Mr. Keefe's; I called for a pint of beer there; this lad was outside; I called him in, and he had some, and I asked him to go up stairs.
Hancock's Defence. This young man asked me in, and gave me part of his beer; I went up and gave a shilling; he said it was bad; I said I hoped not; he took my 2d. for the beer; they took the change away from Barton, and gave us both into custody.
BARTON— GUILTY .— Confined Six Months.
HANCOCK— GUILTY .*.— Confined Eight Months.
Before Mr. Recorder.
MR. O'BRIEN conducted the Prosecution.
ELIZABETH MANNING . I was cook in the service of Mr. Charles Henry Pennell, of Wimbledon-park. On the night of 19th April I locked up the premises—the plate was then safe—I came down at 6 o'clock next morning, and the plate was gone—it had been in a box on a chair in the kitchen—it consisted of dessert forks, spoons, and other things—I had seen the prisoner once—the house appeared to have been entered by the kitchen-window being opened—I cannot say whether it had been fastened the night before, but it was shut down—if it was fastened it was with a snap on the top—these spoons and forks are Mr. Pennell's property—I know them by their appearance, having been so much used to them—there is G. F. on them, and a crest.
Cross-examined by MR. CLARKSON. Q. What time was it the next morning when you came down? A. At 6 o'clock—I went into the kitchen to see what was the time—the clock is an alarum one—it hangs against the wall—it strikes the hour—it is always going—the plate was kept in a box, which was left on a chair in the kitchen—the prisoner's brother married a sister of the housemaid—the prisoner is not married.
CHARLES HENRY PENNELL . I live at Wimbledon-park. I know the prisoner—he ntver lived in my service—he has been occasionally in the house working as a carpenter for two or three years—he has not worked for the last year.
Cross-examined. Q. I believe last Dec. you paid a small account to him? A. Yes; I never had any reason to suspect him—I always considered him respectable, and his family.
JOHN WELBY . I live in King-street, Soho-square, and am a gold refiner. On Tuesday, 20th April, a person came to my shop, about 9 o'clock in the morning, and asked if I purchased silver—(to my best belief the prisoner is the man)—I said, "Yes, what have you?"—he then produced some dessert forks—I asked him whose they were—he said they were not his, they belonged to a gentleman, that he had to dispose of them for—I asked where the gentleman lived—he said he did not know, only he lived a little way out of town—I said I was not in the habit of buying of strangers at all, but if the person they belonged to would call on me, and give me those answers which I required, I should then do business with him—he said, "Very well;" and being unsuspicious I offered him to take the forks away with him, but he said, "No; I will leave the forks, and tell the person to call"—in the course of conversation I asked the prisoner his name, and one of the names he gave was Boyce—what the Christian name, or the first name was, I cannot tell—he said he had lived at Whitechapel, and also at Charles-street, Drury-lane—upon that the forks remained in my possession—I asked him when the person would call—he said he would call next day, in the course of the evening—no person calling I gave information to the police in a day or two after—the prisoner showed me no other silver beside the forks—I saw the prisoner again; I cannot call to mind exactly the day, but I think in five or six days afterwards—he was brought by two persons—at that time I did not hear him speak—I did not at that time identify him, as being the person who brought the forks to me—he was quite differently dressed, and I did not hear him speak—the person who came on 20th April had a hat on, with a long great coat; and the second time he had a blue cap, with a peak, on the side of his
head, and a rough blue sailor's jacket, which came down to the lower part of the waist, with pockets on the side—I saw him after that; I think it was the next day, or two days afterwards—he was then dressed the same as he was the day he brought the forks—on that occasion I heard him speak, and having heard him speak, I recognised him as the man who offered me the forks, and I still believe him to be the man—I have no doubt about it—when he came to offer the fork's I should think he remained in my shop nearly ten minutes—I had been in conversation with him during that time, and had asked him various questions.
Cross-examined. Q. Is your memory as good as to dates as it is as to persons? A. I should say not—I noticed the voice of the person—I thought I could recognize this man—I never thought to ask the two policemen who brought him to ask him to speak—I cannot exactly recollect when it was that the prisoner was brought to me—it might have been as much as a fortnight afterwards—I would not undertake to say it was not—it might have been twelve days afterwards—I really did not charge my memory with regard to the time.
DANIEL WELBY . I am the son of the last witness. I recollect a man coming to our shop on 20th April, and bringing some forks—I was in the shop at the time, and I remained till he left—I believe the prisoner was the person—he gave the name of Boyce, and said he lived occasionally in White-chapel, and sometimes in Charles-street, Drury-lane—I think a person was brought to our shop by two policemen on the following Monday or Tuesday—the 20th of April was on Tuesday, and it was about a week afterwards—that person was not dressed in the same way as the person who brought the forks, and I did not recognize him—I did not hear him speak when he was brought the first time—I saw him again in three or four days afterwards, and at that time I heard him speak—after I had heard him speak I was able to recognize him—I believed he was the man then, and I still believe it—I have no doubt of it now—I recollect something was said about betting—he said he transacted business in that way for other persons, and sometimes for himself.
Cross-examined. Q. Was that when your father was present? A. It was—I think it was about a week after 20th April when the person who I now believe was the person who brought the forks, was brought again by two officers—I do not know their names—I do not think it was so long afterwards as 1st May—I cannot say positively, not making any memorandum at the time—the first occasion on which I saw him might have been on 1st May and the second occasion on 12th May—my memory is deficient with respect to particular dates—it was not the same officer who brought him the second time who brought him the first.
HENRY UNDERHILL (police sergeant, V 6). I apprehended the prisoner on 12th May in consequence of instructions I received—the other officers are not here—I found the prisoner first in a public house in Long Acre—I took him to Mr. Welby, and from what took place there I apprehended him—I told him it was on a charge of robbing Mr. Pennell's house—he said he supposed I took him because he was in the betting way—I found on him some keys and a betting book—I ascertained where he lived, from some officers who watched him to the place where he resided at 6, Charles-street, Drury-lane—I had seen him in that house about a week before, in two of the rooms in the lower part, in the common lodging room, and in the mistress's room—after I had apprehended him I went to that house, and searched a cupboard which I opened with a key I took from him; it was in the common room
below—I found in it eighteen duplicates, three of them were in the name of Boyce—one of the keys I took from the prisoner I tried to his trunk at Putney, where he formerly lodged—as I was going to the station with him, he said that about 10th April he was staying about in the common coffee houses in Drury-lane because he was hard up—he was staying about and sitting up all night because he had no money to pay for his lodging.
Cross-examined. Q. Who were the two police officers that first took him in charge? A. George Dunn and Lionel Odder; I have known one of them eight years and the other thirteen years in the force.
ELLEN PINKERTON . I am the wife of John Pinkerton. We keep a lodging house at 6, Charles-street, Drury-lane—the prisoner lodged with me—he came at Christmas, or a little before—he did not lodge with me all the time till he was taken—he left on 30th March—he came on 3rd April, and washed, and cleaned his shoes, and I did not see any more of him till 27th April—he did not lodge with me all the time from Christmas till 30th March; he was sometimes away for a week—on 3rd April he had something of a green coat on, what is generally called a shooting coat, and a hat—when he came back on 27th April he had a blue jacket and a cap—he had the use of a cupboard exclusively—I was there when the officer searched a cupboard—that was the cupboard belonging to the prisoner; he had the key of it.
Cross-examined. Q. How many people lodge in your house? A. Fortyfour; there is accommodation for fifty—we are not licensed under the Act of Parliament—they are all men lodgers—there are thirteen windows in the house—it is three stories high.
COURT. Q. How many sleep in a room? A. That depends on the size of the room—what I mean by a shooting coat is a short coat, with two large pockets.
COURT. Q. Describe to me the dress theperson had on who brought the forks? A. It was rather an old hat, and as far as my memory will serve me, a loose overcoat, a great coat.
(The prisoner received a good character.)
NOT GUILTY .
MR. RIBTON conducted the Prosecution.
ELIZA WEAVER . I live in James-street, Kennington, and am servant to Clarina Lonsdale; she keeps a grocer's and a general shop, and sells cigars. On Wednesday night, 26th May, about 10 o'clock, I and my aunt were sitting in the parlour—we heard a noise like the shuffling of feet under the window—I went into the shop, and saw some one standing at the window—I only saw one—I went to the door, and the person was gone—I examined the window, and found it broken, and the cigars strewed on the pathway—they had been taken out of the case of cigars—the window had the appearance of being cut—I had seen the window safe and the cigars safe about ten minutes before—the shop door was shut, and fastened by a latch—I helped to pick up the cigars that were lying in the pathway—there were about eighteen.
Cross-examined by MR. SLEIGH. Q. This parlour is near to the shop? A. Yes; you can distinctly hear what takes place in the shop when the door is open—the noise was as persons shuffling their feet—the noise of glass
being broken would be louder tban the shuffling of feet—the glass bad the appearance of having been cut out with a glazier's diamond—it was cut in a round manner at the top—the piece that was left in the frame was not cracked at all—there were no splinters—our house is in James-street, Kennington—this was on the Derby day—I did not see many people about—they were gone to see the people coming from the races—there are a good many small houses in the street we live in—there are other shops besides ours—a number of boys live in the neighbourhood, and are always about—I know Ablett lives in the street, and I believe the other prisoners do.
Cross-examined by MR. CHARNOCK. Q. There is a street which is a continuation of your street? A. Yes; it leads to Camberwell-common; you go down our street, and cross, and come into Thomas-street: that is a continuation of James-street.
MR. SLEIGH. Q. You saw some man stand at the window? A. I cannot tell whether it was a man or a boy; there is a gaslight in our shop, but the street is dark—there is no light in the street.
MR. RIBTON. Q. Was the piece of glass that was taken out inside the window? A. No; it was taken away completely.
CATHERINE NOAKES . I live with my father, in James-street, Kennington, four doors from Miss Lonsdale's. On Wednesday, 26th May, I was at our door, about 10 o'clock in the evening—I saw three of the prisoners, Cunningham, Ablett, and Ede—I knew them before—I had seen them a good many times—I saw them that evening standing at Miss Lonsdale's window—they were close to the window—there were some others with them, but they were behind them—there were about ten altogether—the three prisoners that I have named were the only ones who were close to the window—I can swear positively to them—I have no doubt about them—I did not see them do anything—I saw them about half an hour afterwards—they passed by me—I did not remain the whole time at the door—I had been on an errand—I passed them, and then I returned—I was not away many minutes—when I returned I stood at the door again—they then ran past me, and I saw Cunningham and Ablett putting their hands into their pockets—I could not see that they had anything in their hands—I then went and helped Miss Weaver to pick up the cigars that were lying on the path.
Cross-examined by MR. SLEIGH. Q. Were there not a great many boys in the street? A. The others that were with them—they ran past the house I live in—I saw them first standing at Miss Lonsdale's window, and half an hour afterwards they ran by me—I saw them at 10 o'clock first—I had not been standing at my door quite so long as half an hour—I very often stand at the door on an evening—if it had not been for Miss Weaver saying it was 10 o'clock I should not have known it—they were standing at the window for half an hour, and there were others with them—this is not the first time that I have sworn that I saw some of those persons standing at Miss Lonsdale's window for half an hour—I swore it before the Magistrate—it was a dark night—there are no lights in the street—I do not know any of the other persons who were about the street—I did not see any others, only what were standing with the prisoners, and they were in the dark—the other boys were strangers to me—I do not know a game that is played about the street which is called Chevy Chase—there were other boys running before these prisoners, they were not all together.
Cross-examined by MR. CHARNOCK. Q. Were they going towards Thomas—street? A. Yes; towards the common.
MR. RIBTON. Q. Were the other boys who ran, the boys that you had seen standing at the window? A. Yes; the other boys, when they ran, were four or five yards before these boys—they were not playing—I did not speak to Miss Weaver till I had gone and assisted to pick up the cigars—when I went to the door first I was going out on an errand—it was when I went out first that I saw them standing at the window.
NOT GUILTY .
ADJOURNED TO MONDAY, JULY 5TH, 1852.