CENTRAL CRIMINAL COURT.
HUNTER, MAYOR. NINTH 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, July 5th, 1852.
PRESENT—The Right Hon. the LORD MAYOR; Mr. Ald. FAREBROTHER; Sir CHAPMAN MARSHALL, Knt., Ald.; Sir JAMES DUKE, Bart., Ald.; and Mr. RECORDER.
Before Mr. Recorder and the First Jury.
693. JAMES POPE (see page 107) stealing 11 clocks, value 31l.; the property of Otto Alexander Berens, and another, his masters; and ADOLPH HIRSCHFIELD receiving the same; and also as an accessory after the fact: to which
POPE Pleaded GUILTY .
MR. BODKIN conducted the Prosecution.
SAMUEL WOOD . I am manager to Mr. Otto Alexander Berens, and another, of St. Paul's Churchyard, it is a large establishment, and they employ a great number of people—among other things they deal in clocks—the prisoner, Pope, was in their service—my attention was called to his conduct on 30th April—I went with him to a house where he lived, at Dalston, and there found a good deal of property belonging to my employers—the next day Pope made a statement to me, in consequence of which, on 3rd May, I went to the house of the prisoner Hirschfield, in Bishopsgate-street Within—Pope remained outside—he gave me the number of the shop—it is in the public street; it is a shop for the sale of clocks, watches, jewellery, and miscellaneous articles of that sort—I saw four or five clocks in the window before I went in—I found his wife in the shop—she called him, and he came forward—I asked him to let me look at one of the clocks in the window—he did so, and I recognised it as one of Mr. Beren's—I asked him the price—he said either 55s. or 65s., I do not exactly recollect which—I then asked for another, and so went through five (looking at five clocks)—I believe this marble one is the first one I looked at, and these are the others—I only asked the price of one—they were all on the counter at the time—four of them were in the window and one in the shop—both the marble clocks were in the window—after examining the clocks, I told Hirschfield they were stolen, and inquired where he bought them—he said he bought them of some young man living at Kingsland, that his wife purchased the first for 16s., and the black one he gave either 15s. or 16s. for,
himself, and 25s. for each of the marble ones—I asked him whether he bought anything else—he said, "Yes, I have bought ten duplicates, for which I gave 1s. each, on the understanding that if they turned out well I would give a trifle more"—he said the duplicates were for clocks—he produced nine duplicates—I do not recollect whether he mentioned the tenth—I sent Mr. Tucker, who was with me, for a policeman, to be present while I directed Mr. Tucker to take an account of the duplicates which he had—the policeman came in, and I believe the prisoner Pope with him—I directed Tucker to bring him in, and Hirschfield immediately identified him as the person of whom he bought the clocks—Pope was not in custody—I had not spoken to the policeman before, it was only a casual policeman that I spoke to—an altercation took place between the prisoners—Hirschfield said to Pope, "You have deceived me, in representing you were in business in Dalston, and that you were in difficulties"—Pope said, "You have held out every inducement to me to bring property"—Tucker had commenced making a list of the duplicates, and had taken down two, I believe, or he might have commenced the third, and Hirschfield said, "I will not allow it to be taken down, if you like to pay me for them you may have them"—the policeman reminded him that if he did not permit me to take them down, I could give him in charge as well as Pope, and after some little hesitation on Hirschfield's part, the list was proceeded with—Heischfield said that he had taken one of the clocks out of pledge—I believe that clock was in the shop—it was one of the rosewood ones—Pope was given into custody the following morning—I left Hirschfield in the shop—these goods are not in my department, but in Mr. Taylor's.
Cross-examined by MR. BALLANTINE. Q. These are not articles of very great value? A. Mr. Taylor can tell you., I believe the marble clocks are about 65s. the selling price, and 55s. the others—they are our own manufacture in Paris—Mr. Henri Mark is our manufacturer there—that name is put on them, that the customers who buy them of the clock manufacturers should know where they come from—that mark is well known to all dealers in good clocks—these are the best French clocks that are made—when Pope said that Hirschfield held out every inducement to him, Hirschfield contradicted him—there was an altercation between them—these clocks were exposed openly in the window—he showed them without any hesitation—we get a profit on them enabling us to support our establishment—we do not get as good a profit en them as Hirschfield would, he gave 25s. and asked 3l. 5s.—I swear he said 55s. or 65s.—I decline to tell you what we pay for term—they cannot be bought for 30s.; we make a great quantity of them, and sell them to the first houses in the trade, and they give us our price, and if they want large quantities, they may go to Paris and supply themselves—there are private marks of Messrs. Berens' firm, on the works, both in front and back.
MR. BODKIN. Q. Henri Mark is the head of your establishment in Paris? A. Yes, he is our manufacturer—he does not make clocks for any one else—he has been in our employ twenty years.
WILLIAM HOILE TAYLOR . I am the superintendent of the department in which these clocks are kept, and where Pope was employed. These marble clocks were part of our stock—the selling price of the white faced one is 55s., and the other 63s.; the ebony one is 42s., this one 52s. 6d., and this timepiece 31s. 6d.—they are made on our own premises in Paris, and the name of Henri Mark is the name of our superintendent—he does not make for any one else—he has been so employed for about twenty years—the prices I
have mentioned is the prices at which we sell them to persons to sell again—that is the net price, subject to two and a half per cent, discount for cash.
MR. BALLANTINE to MR. TAYLOR. Q. Have you seen the clocks at the different pawnbrokers? A. Yes; the one pledged at Mr. Foyle's, for 15s., is worth 55s.—one of the clocks is worth seven guineas, on which 2l. was advanced.
Cross-examined by MR. BALLANTINE. Q. Do you know the name of Henri Mark, of Paris? A. No; I cannot say whether he is known in the trade—I have been fifteen years in the trade—there is nothing in the name which would direct me to know that it was Berens's manufacture—I cannot say that I have had many through my hands—the name would not attract my suspicion—these clocks are very unsaleable.
Cross-examined by MR. BALLANTINE. Q. What is the value of the clock? A. I do not know—a young man who has left took it in—I never heard Mr. Mark's name before.
CHARLES SUTER . I am assistant to Mr. Jones, pawnbroker, of Smithfield. I produce a clock, pawned with us on 9th Dec. for 15s.—I did not take it in myself—the name on the ticket is John Powell, and the ticket corresponds with one of these produced.
Cross-examined. Q. Do you know Mr. Mark's name? A. No, I do not.
Cross-examined. Q. Do you know Mr. Mark, of Paris? A. No, I never heard of his name—I should not know these were Berens's clocks by Mark, of Paris, being put on them—this clock would not fetch more than 3l. 10s. at a sale—sometimes we make mistakes on the wrong side.
EBENZER PRIOR . I am assistant to Mr. Thomas Johnson, pawnbroker, of 184, Bishopsgate-street, about five minutes' walk from Hirschfield's shop. I produce a clock, which was pawned for 10s., in the name of John Smith.
MR. TAYLOR re-examined. The price of this one is 52s. 6d., and the prices of the others are 54s., 42s., 67s. 6d. 31s. 6d., 7l. 10s., 55s., 55s., 63s., 42s., 42s., 52s. 6d., and 52s. 6d.—Pope had no authority to take any of the clocks away, they were not in his department at all.
MR. THOMAS WONTNER . I am solicitor for this prosecution. I attended at Guildhall when this matter was inquired into as to Pope before Sir Robert Carden—Hirschfield was summoned there with a number of other witnesses—he made a statement before Sir Robert Carden, which was taken down in writing—he was sworn and examined—I have a copy of his statement—it was read over to him afterwards in my presence, and signed by the Alderman
—he corrected some portions of it as it went on, and those corrections were made in this copy—after hearing him examined, Sir Robert Carden thought it proper that he should be placed by the side of Pope, and wished to know whether Mr. Wood would give him into custody—Mr. Wood said he thought it his duty to do so, and he was thereupon given into custody—his statement was read over to him, and he refused to sign it—his solicitor advised him not.
Cross-examined. Q. There were two examinations, were there not? A. Yes, at one of which Hirschfield was examined as a witness—Mr. Wood, the clerk, took down the examination, he will be here in a moment—on the next occasion a copy of the rough notes was read over to him, and he made some alterations—he said he was deaf, and I therefore spoke very loud to him—he did not desire to make any alteration which was refused to be made—he did not refuse to sign it because of his not being able to alter some part of it—he would have signed it, only his solicitor advised him not.
MR. THOMAS WOOD . I took down the examination of Hirschfield on a charge against the prisoner Pope, before Sir Robert Carden—this copy has the Alderman's signature to it—it was read over to the prisoner Hirschfield, and is an accurate representation of what he stated.
Cross-examined. Q. There was no attorney present for Hirschfield on the first examination was there? A. No; I have no recollection on the second occasion, when the attorney attended, that he applied to have any alteration made in his statement—I did not, to my recollection, refer to my note and say that was what he had said, and I would not alter it—I cannot charge my memory one way or the other—I should rather think nothing was said, or I should have recollected it—I do not recollect the attorney wishing to ask Hirschfield some further questions with a view to explain what passed on the former occasion—it is not unlikely that I advised the Alderman that the depositions having been made out, it could not be done, as he had been remanded for committal—it is a matter of practice that when the depositions are entirely completed, and there has been the benefit of cross-examination, and the prisoner is entirely remanded for the depositions to be transcribed, that alterations are not allowed—any statement the prisoner volunteers I am bound to take—Hirschfield was a witness when he made this statement, it was taken down as his evidence.
MR. BODKIN. Q. Do you remember his being asked to sign it? A. I do; he was asked by one of the officers of the Court, and it was brought back to me not signed—(Statement read—"I am a watch maker and jeweller, at 71, Bishopsgate-street Within; I have been in the business twenty-five years, and have lived at my present house nearly four years—I have seen that prisoner in my shop, and bought goods of him—I went to Ireland on Monday, and came back to London on the following Saturday—I think I saw the prisoner on the Monday or Tuesday; he came to my shop about 9 o'clock in the morning; my shop was open—I was at breakfast at the time—he brought nothing to me—he said, 'I have sold your good lady a clock during your absence, will you sell it back again at a small profit'—I said, 'It was out of order, and if you give me what it will cost to repair it, I will let you have it'—he asked how much it would come to—I said, 'We charge 5s. or 6s.'—he declined it, and went away—he came a few days afterwards, in the forenoon: he brought nothing with him—he said he had got a friend, who had been very unfortunate; he has got a few time-pieces, would you like to purchase them?—I said, 'Those kind of things are a dead stock, I don't like to buy them'—he went away—he came again a few days after, and brought a white clock, with a yellow dial—that is the one—the prisoner
said, 'This is one of then:'—I said, 'It looks like a waster, the marble is dirty'—the prisoner said, 'Do oblige me by purchasing it'—he asked about 1l. 11s. 6d. for it—I bought it for 25s.—I keep books; we never enter new goods, only second-hand goods—I had no invoice—we never ask for invoices when they come into the shop—I asked him his name—he said Mr. Brown, of Kingsland-road, and that he passed by my house three times a day—several days after he came again, and brought nothing—he came the day following, and brought this rosewood bracket clock under his arm—the prisoner said, 'I have got another little clock, will you oblige me by purchasing it?'—I told him I had not sold those clocks; but I bought it, and gave 16s. for it—my wife bought the marble one in my absence—he came again, nearly the end of April, but brought nothing—he said, 'I will go and bring you the other clock, if you will buy it'—I said, 'Let me see it'—he brought a clock in the forenoon, a few days after, and said it was the last clock—I bought it, and gave 1l. 5s.—this is it, with an enamelled dial—he came again on Friday, 23rd April; he brought nothing; and he said a party was going abroad, and he had pledged a great deal of goods, and he asked me if I would buy the duplicates—I declined to purchase them, because I did not know the value—he said if I purchased them they would pay me—the next day he brought me ten tickets—I looked the tickets through, and I said some had been pawned six months, and I had little time to go round to the different pawnbrokers and examine the goods—they were all pawned five or six months—I told I am to take them back—the prisoner said, 'I'll leave them with you till the evening, then you can make up your mind if you will have them or not'—he came back in the evening at 7 o'clock, on Saturday, 24th April—I said I had considered about it, and I did not wish to purchase them—prisoner said, 'Do try to buy them, because the man wishes to go abroad; if you don't like to buy them I'll take them all out, if you promise to purchase them afterwards'—I said, 'I cannot do so'—he then said, 'What will you like to give me for them?'—I said, it was impossible for me to make any offer for them, as I had not seen what they were—I said, 'What do you ask for them?'—the prisoner said, 'They are really worth 3l.'—I said, 'How do you know?'—the prisoner said, 'The party who pledged them said they were worth that money, or more;' the prisoner said, 'What will you give?'—I said, 'I see you are a respectable man, and the party has been very unfortunate, I'll stretch a point; I'll give you a sovereign for the ten tickets, on condition; if they should turn out according to your representation I'll pay accordingly'—I gave him two half sovereigns—on the Monday following he called, and asked if I had taken any out of pawn—I said, 'No, as I had no time to go'—on Tuesday, the next day, I went to Aylesbury-street and took this bracket time-piece out of pawn for 12s., and 1s. interest, 13s.—I brought it home, and found that these clocks could be bought at any warehouse in London; all the large ware-houses in Houndsditch; these are the greatest rubbish in existence—I did not ask who the party was to whom it belonged—I did not look at the other goods—I never mentioned that I gave a shilling apiece for the duplicates; I gave 1l.—on Tuesday evening he called, and asked if I had taken any out—I said, 'There it is, you have deceived me; I'll take no more out'—I did not refuse to let a list be taken—I did not say prisoner never offered to sell me any duplicates—I never told him if he brought another sort of goods I could buy.'" (Hirschfield received a good character.)
NOT GUILTY .
There was another indictment against him for receiving three clocks, upon which no evidence was offered.
Pope was sentenced to Twelve Months imprisonment upon the former indictment, page 107.
WILLIAM and ELLEN WALLIS PLEADED GUILTY , and entered into their own recognizances to appear and receive judgment when called upon.
(MR. ROBINSON offered no evidence against SMITH, RILEY, and ALLEN.)
NOT GUILTY .
GUILTY . Aged 28.— Confined Twelve Months
GUILTY .* Aged 30.— Confined Three Months.
GUILTY . Aged 56.— Confined Four Months.
GUILTY .** Aged 14.— Confined Three Months, and twice whipped.
GUILTY . Aged 32.— Confined Three Months
HENRY PYNE . I am footman to Mr. King. On Thursday, 24th June, I went with his carriage to the school speeches at Harrow—when we had set down I left the carriage in the crowd of other carriages, and went with the coachman to dine at a public house—we left our livery great coats with a crest on the buttons, in the carriage, and three or four shawls of my mistress's under the cushions—it was said that there was a man about there to watch the carriages—we returned in about an hour and a half, and missed the two great coats—I then sat on the box, and while there I saw the prisoner take a shawl from the door of the carriage—it was an open carriage—he was about to place it in the breast of his coat—I jumped down, and he threw it back into the carriage and made off—I ran after him but lost him.
THOMAS GEORGE LEAPER . I am a painter, and live at Harrow. I work for Mr. William Arnold—I was there on the speech day, near where the carriages stood, but could not see them—I saw the prisoner go through the churchyard with two livery coats with light buttons on his arm—he was dressed in black—he went by the dead wall, and came back empty handed—I have seen him occasionally for the last seven years, by coming there as a haymaker.
Prisoner. Q. How far were you from me when I went by with the two coats? A. About a dozen yards—I could see that you had two coats on your left arm, and can swear they were livery coats, as you went through the churchyard, you turned the lining of one coat inwards.
of information I received, I went next morning to the Crown at Harrow, and found the prisoner there at breakfast—I told him I should require him to accompany me to the station—he asked for what—I said on suspicion of stealing some coats—there was a female with him—I was shown into a bedroom by Maria White; where I found, among other things, these two livery feats (produced) tied up very neatly in this blue handkerchief—I also found several shawls, and articles of wearing apparel—there was also a black coat, waistcoat, trowsers, and hat, which the prisoner claimed—I gave him the bat—he said he knew nothing about the great coats—I took him to the station.
MARIA WHITE . I am the wife of Edward White, and am servant at the Crown at Harrow. There are four beds in the room where I and my husband sleep—three of them were occupied that night—I went to bed between 11 and 12 o'clock—I saw the prisoner's bundle by the side of the bed in which he and a woman were—when I went down in the morning the prisoner was in bed—I showed the policeman all the bundles together, but could not tell whether that bundle was there—I showed him where I had seen it lying—I remember seeing the prisoner on the Speech-day, dressed in a fustian suit; which he changed about 11 or 12 o'clock to a suit of black; and in the evening I saw him again in a suit of fustian—it was a flannel jacket—I know the difference between flannel and fustian—it was the suit he has on now.
Prisoner. Q. Are there any more rooms on the same landing? A. Yes, three; nobody came into the room in the night that I saw—they could if they were so minded—I did not see you bring any bundle.
COURT. Q. Who slept on the other side of the bundle? A. Me and my husband—I did not take the bundle there, or the coats—I only saw one bundle there—to the best of ray recollection it was in a piece of brown holland—I cannot say whether there was any other bundle under it—I did not see this blue handkerchief in which the coats were found, till the morning—I saw the prisoner when he entered the house—I did not notice anything with him—he went in and out twice that day.
Prisoner's Defence. I came up to Harrow to look for a little hay-making; I did not take any coats; if I had done so, it is not likely that I should have remained in bed till 10 o'clock in the morning, and left them where I had been sleeping; it is my firm belief some evil-disposed person or persons took the coats, and placed them by the side of my bed.
GUILTY . Aged 30. Confined Four Months.
MR. PAYNE conducted the Prosecution.
WILLIAM HENRY SNELL . I live at Shirley Cottage, Norwood. On Saturday evening, 26th June, I was on Holborn Hill between 8 and 9 o'clock—I was going towards the West End, on the right hand side of the way—I bad in my coat-pocket a purse containing a 5l. note, and I think seven sovereigns—I felt a pull or jerk—I put my hand round to my pocket where I felt the jerk—and as I put my hand round, the purse fell into my hand; and dropping from the hand of some one by my side—I instantly seized the person—he was not a quarter of a yard distant from me—he was as close as it was possible for a person to be—it turned out to be the prisoner—as I put my hand towards him, he eased off and tried to get away, and got as close to the houses as possible—I did not see any other person as near to me as the
prisoner—there was no crowd; the street was about the same as it usually is at that hour.
Cross-examined by MR. PARRY. Q. Where did this occur? A. Opposite St. Andrew's Church—there were, perhaps, several hundreds of persons on the hill, but there was no crowd where this occurred—my attention was not attracted by anything; I was merely walking up the hill—I felt a pull at my pocket—I put my hand back, and the purse dropped into it—I turned round, and the prisoner was quite close to me—he was rather behind me, not exactly by my side—the purse was quite out of my pocket—the pocket is a deep one, and the purse could not have fallen out—the pocket is at the side—it is a pence pocket—this is the coat I have on now—it is deep enough for my fingers to go in up to my knuckle-joint—this is the purse, it is impossible it could have shaken out—I did not observe any person but the prisoner within two or three yards of me—I saw no person running away, or moving off—on the contrary, the moment I seized the prisoner, I exclaimed, "You rascal, you have stolen my purse"—some persons then collected, and there was a little pushing and hustling, and the prisoner began to kick very much—it required two policemen to take him to the station.
NOT GUILTY .
NEW COURT.—Monday, July 5th, 1852.
PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. ALDERMAN FAREBROTHER; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Fourth Jury.
NOT GUILTY .
OLD COURT.—Tuesday, July 6th, 1852.
PRESENT.—Sir CHAPMAN MARSHALL, Knt., Ald.; Sir JOHN MUSGROVE, Bart., Ald.; and Mr. RECORDER.
Before Mr. Recorder, and the Second Jury.
GUILTY . Aged 27.— Transported for Seven Years.
(Stephen White, surgeon; John Pycroft, printer; George Gregory, carpenter and undertaker; and Agnes Whately, wife of a Postman, deposed to the prisoner's good character.)
WILLIAM GREGSON PAYNE . I am a hatter, and live at Bishopsgate-street Within. The prisoner was in my service as errand boy about seven months—in consequence of what the maid-servant said to me the last Saturday in May, I spoke to the prisoner, and said, "In consequence of your getting
a situation in the New York line of steamers, I suppose you wish to leave me?"—he made no reply, hut it was mutually considered that he should leave on the Saturday; and he did leave—nothing more passed till Saturday, 5th June, when just as I was going out of town, at 5 o'clock, the maid servant came up the stairs, and said, "Moore wants you to give him a character"—when I came down, I said to him, "I wonder you did not ask me before, and not leave it to the last moment, when you know I am just going out"—I wrote him such a character as I could, and gave it him—I then left, leaving him there—he had access to the goods in the shop at that time—nobody else was employed in the shop—my wife was there, but no other servant—I did not see the prisoner again till he was brought up from Southampton by the officer—in the meantime I missed a considerable quantity of things; some must have been taken while he was with me; although he managed it in that way that I did not discover it till he left—on Sunday evening, 6th June, I went to a drawer in the counter, in the shop, and missed a dress coat—I also missed an ivory set of chessmen—the other things were missed after a day or two—on the Monday when the officer came, we missed, with bound books and numbers, 273 books—they are not in the indictment—there are a great number of things which he has robbed me of, which are not in the indictment—he was brought up from Southampton on the Friday—I missed from thirteen to eighteen bottles of wine out of the cellar, the staple of which I found had been drawn—I also missed some caps, and hats, and a carpet bag.
THOMAS ENRIGHT . I am superintendent of the Southampton police. In consequence of information, I took the prisoner into custody at Southampton on 10th June—he was in a room with his brother-in-law, not lodging there, merely a visitor—I told him he was charged with stealing a dress coat, a quantity of books, and a set of ivory chessmen—he said he had got do books, he did not know anything about any books—I asked him to open his boxes—he did so—in one of them I found a set of ivory chessmen, four or five cloth caps, a duplicate of a coat, a variety of wearing apparel of his own, and five other duplicates—I also found a small carpet bag, not in the box, and a hat in the other box—there were eight bottles of wine, and on his person I found 1l. 12s. 6d.—I found a hat, besides the one he had on—I gave up the things to sergeant Hamilton.
WILLIAM HAMILTON (City police-sergeant, 75). I was present at the station-house, in Bishopsgate-street, when the prisoner was brought there by Enright—I read over the charge to him, it was for stealing a dress coat, a set of ivory chessmen, a carpet bag, eight bottles of wine, two hats, four caps, and a large number of books—he was about to make a reply, I said be might say anything he chose, if he did I should notice it, and it might be made use of against him elsewhere—he said, "I admit having taken the things except the books, those I know nothing of"—I have the things here, and produce them—I got them from Enright.
WILLIAM GREGSON PAYNE re-examined. These chessmen are mine; I find one particular one which had been separated—the box they are in is not mine—this is my coat, there is a letter in the pocket addressed to ray wife—this carpet bag is mine, and has my private mark on it.
Prisoner's Defence. The four caps I bought, I have a witness here to prove it; I beg for mercy, it is my first offence; I was urged on to it by other people.
GUILTY . Aged 18.— Confined Six Months.
MESSRS. BODKIN and DEARSLEY conducted the Prosecution.
HENRY BLINKHORN . I am a labourer, in the service of the St. Katherine's Dock Company, and was occupied as such on 8th May—the Prisoner was employed there by the Customs—on that day I was engaged in examining some baggage in the examining shed B—my duty is to unpack and repack the baggage—I had opened a trunk belonging to Colonel Armytage, for the purpose of having it examined by the proper officers—the prisoner was on duty at shed B—his duty was to take charge of the goods that came into the shed, and then to write them out again when they were outside.
COURT. Q. What do you mean by "writing them out?" A. When they are out of the charge of the Customs, writing them in a book—as packages come in they are written into a book, and are taken into the charge of the landing surveyor—shed B is one of the sheds belonging to the Company.
MR. DEARSLEY. Q. What o'clock was it when you were examining this trunk? A. From half past 10 to 11—whilst it was going on I saw the prisoner take his handkerchief out of his pocket, and put it up to his face—he was then at the corner of the trunk—he put his hand down and picked up something white from the trunk, and put it into his pocket—I gave information to Mr. Simpson—I saw the prisoner again that day, about half past 3—I was at the further end of the shed when I saw him there again—Mr. Simpson was going away, and I told him to see where the "charges" was again—we called the prisoner the "charges" because he was in charge—my attention was particularly drawn to him at half past 3—I also drew Mr. Simpson's attention to him—I saw the prisoner stoop down again and pick up something and put it into his pocket—in the morning he put it into his coat pocket, and at half past 3 he put it into his trowsers pocket—what he took was from the corner of the trunk—I am quite sure he took it from the trunk—it was the same trunk I have spoken of before as belonging to Colonel Armytage.
COURT. Q. Then was that same trunk under examination from half past 11 to half past 3 o'clock? A. Yes, we have to wait till the surveyor comes round.
Cross-examined by MR. RIBTON. Q. What is the nature of your duty? A. To unpack the things, and see whether there is anything for duty in the packages that are put into the shed—there was only one more labourer in the shed besides me—the prisoner was in the shed—it was his duty to be there—the foreman, the landing waiter, the landing clerk, two men, the charges, and the weigher, were in the shed—the prisoner is the charges—there was only one charges and one weigher—I call myself a labourer—I was one of the two men—we call the prisoner the charges, because he writes all the packages into a book—I was at the back of the shed at the time I saw this, about six or seven yards from the prisoner—the shed is much larger than this Court, I should say pretty well double the size—at the time I saw the prisoner at the trunk I was looking for another package, along with Mr. Simpson—I was not examining anything, only looking for a package to examine—my attention was attracted by the prisoner standing there and looking about—I turned towards him to see what he was doing—he was not examining the trunk, it had been examined, and was lying there open—he had nothing at all to do with it then—he was standing at the corner of it—it had been examined by me and the weigher about half an hour before—the other man, whose name is Musgrave, was there when I was examining it—
he is not here—he had assisted me in examining the trunk—it was not the prisoner's duty to enter the contents of any of the trunks, only to enter the cases as they come into the shed into a large hook, the marks and numbers of all the packages—he has got a kind of desk there—he had nothing to do with examining the contents of any of the packages, that was my duty—his duty was only to examine the outsides of them, and to enter them in the book—I do not know that he was in the habit of afterwards examining them and comparing them with his book to see whether he had entered them correctly—I believe it was his duty to do so, but I have nothing to do with his book—it was certainly his duty to make his entry as correct as possible—I saw him take his handkerchief out and put it up to his face—I clearly saw him put something white into his pocket—he did not put it into his handkerchief, but into his pocket—he had his handkerchief in the same hand—he did not cover it with his handkerchief, or I could not have seen that it was white—I have never said that he put it into his handkerchief—it was not covered, I could see it—it was about a quarter past 11 in the day, it might be a few minutes more or less—Mr. Simpson was near me at the time I saw him do this—I drew his attention to it immediately—it was about twenty minutes or half past 3 that I saw him the second time—my course of duty led me into the shed at that time, and the prisoner also—I have been in the employment of the Dock Company about thirteen years—I have never been charged with any offence, nor ever discharged and taken back again—I cannot tell how long the prisoner has been in the employ of the Customs, I think he was in this shed about eight days—they change every month.
COURT. Q. You are the servant of the Company? A. Yes; I have been regularly employed there for thirteen years, and pretty well always in that department—the trunk was left open from about a quarter past 11 to half past 3 o'clock waiting for the surveyor.
Q. Is that a common thing? A. Well, if the surveyor has got much to do he cannot get round till late in the afternoon; sometimes, when they are rather slack, he would be in three or four times in the course of the day, and it would be done up directly, but we must leave it till he comes in.
Q. Then who is responsible for the property during this long interval? who is there to look after it, and see that nobody takes it? A. There is a foreman of labourers there, and clerks—Mr. Shult was the foreman—the charges did not remain at his desk all this day—it was his duty to do so.
HENRY ADAM SIMPSON . I am clerk to Messrs. McCracken, shipping agents, Old Jewry—I had charge of some baggage on 8th May belonging to a Colonel Armytage, which had arrived at St. Katherine's Docks, it was landed from a ship alongside—there were some labels on the baggage—I have not got them here—I was employed to attend to the clearing of the luggage, and for that purpose went to the B shed—among the luggage was a trunk—I saw it after it had been opened by the officers to be examined—I saw the witness Blinkhorn there, and also the prisoner—in consequence of something said to me, I watched the conduct of the prisoner—I saw him by the trunk in a very suspicious manner—I knew he had no occasion there—he was stooping down once or twice—as I was booking other things in the course of the day I saw him a great many times about the trunk, turning the things over—and my attention was drawn to him by Blinkhorn—it was no part of his duty to turn the things over—I went to him once while he was stooping down—he got up from the trunk with something in his hand, pulled out his handkerehief, and put something in his. pocket, but what I cannot say—I had not seen his handkerchief before that—on observing that, I went up and said, "What is
the matter? what are you doing there? that trunk has been examined, it is all done with as far as you are concerned"—I made some remark of that kind, and he got up immediately, and said, "It is all right, Sir, all right"—I went to my desk again, and he went away directly afterwards.
Cross-examined by MR. RIBTON. Q. Except when you were before the Magistrate, have you ever told all this you have told my learned friend? A. I have—it was between 10 and 11 o'clock when I was in the shed first—I was by myself at first—my attention was drawn to the prisoner by somebody—the trunk was lying open—the prisoner had no occasion to turn the things over—no one is admitted except on business—persons who have business there can look into the trunks—I will not say I saw him put anything into his pocket, but I saw him put his hand into his pocket, and take his hand-kerchief out.
JOHN BLACKSTON . I am a surveyor of the Customs, in the port of London. On 8th May, about 3 o'clock in the afternoon, I was on duty at the St. Katherine's Dock—in consequence of some information which I received, I took the prisoner from the shed to the private room attached to my office—I searched him, and found in his coat pocket four stockings, two in each pocket—two of them are pairs, and the others not, although they were folded together as pairs—I produce them—they are marked CA 1, and CA 2; and the other two are marked CA 4—I also produce a pair which I took from the trunk in his presence, and in the presence of other parties connected with it, bearing the same initials, with another number—when the stockings were found in the prisoner's coat, he said he had not placed them there, some other person must have done it as a lark.
Cross-examined. Q. He made no objection to your searching him, did he? A. Oh no; in fact he said he had no objection—he did not invite me to search him—when I took him into the shed, I asked him if be bad anything on his person that did not belong to him—he said he had not—I said, "I suspect you have, and as you state you have not, you will have no objection to be searched?"—he said, "I have not"—he emptied his trowsers pocket of its contents, a few trifling things—he then said, "Shall I pull off my coat?" or, "I will pull it off if you like," I do not know the precise terms—he did not pull it off in the first instance, and throw it aside—I searched him—I do not know how long he has been in the employ of the Customs—I have been thirty-three years in the service—the prisoner was a weigher.
COURT. Q. What was his duty in shed B? A. To keep a record in a book with printed headings for the purpose, so that no error could arise, of all packages that came in which bear a number—he keeps a record of all packages as they come in and go out—it was no part of his duty to interfere at all with the goods themselves—he had nothing to do with the goods, or with the examination of them from the beginning to the end—he is called the charges, because he has charge of the packages—he works in his coat, or he can put it off, as he chooses.
WILLIAM WALKER . I am a landing and examining clerk in the service of the St. Katherine's Dock Company. I was on duty on 8th May, in the B warehouse—I observed this trunk and saw the prisoner—in the afternoon, after there had been something said about this matter, I saw the prisoner on the quay—he said he knew that I was kindly disposed, and this was a very unpleasant circumstance, and he thought I had sufficient influence to get him out of the mess—I asked him what he meant—he stated that I could say it was more than probable, or quite possible, that some of the men in the shed, referring to the two men, might have put them into his pocket out of a lark
—he wished me to say that—I said, I was surprised at his asking me to do such a thing, because it was, in my opinion, nothing better than compromising a felony; and he then said he would cut his throat.
Cross-examined. Q. How long had you known the prisoner? A. About eight days previous to this circumstance—I cannot say how long he has been in the service of the Crown.
MR. BODKIN. Q. Has he been suspended from his office ever since this? A. Yes.
SARAH THWAITES . I am servant to Colonel Armytage. Early this year he was at Naples—I assisted in packing up the luggage for England—I have since been shown a trunk by one of the officers at the station-house in St. Katherine's Docks—it was one of the things that I bad assisted to pack at Naples—I have examined the stockings produced—they belong to a daughter of Colonel Armytage whose name is Charlotte—she is about twentyfour years of age.
Cross-examined. Q. Has not Miss Armytage another name besides Charlotte? A. Charlotte Legendre; the initials on the stockings are C A—Miss Armitage does not put her second name in marking—I have not the least doubt the stockings are hers—I did not mark them myself, but I recollect them.
MR. BODKIN. Q. Did you see the other pair that was taken from the trunk? A. Yes; they are part of the same set.
GUILTY . Aged 30.— Confined Twelve Months.
PLEADED GUILTY to uttering in each case. Recommended to mercy. — Confined Eighteen Months.
The prisoner received a good character. (There was another indictment against the prisoner.)
MR. CLARKSON conducted the Prosecution.
WILLIAM HENRY DODDEMEADE . I am assistant to Mr. Lodge, a hosier, of the Strand. The prisoner came there on 11th June, and asked to look at some shirts—he selected two at 5s. each, and two neck ties at 3s. 6d.; two pairs cotton socks at 1s., and a merino waistcoat 3s. 6d.; they came to 1l. 2s. 6d.—he handed me a 5l.-note—the colour of the paper attracted my attention, and then the water mark—I asked him if he had any other money—he said he had none—I told him I must go and get it changed—I went to Drummonds', who told me it was a forgery—I then went to Scotland-yard, and took a policeman back to the shop, having been absent about ten minutes—the prisoner was given in charge—I handed the note to Sandars at Scotland-yard; it had not been out of my possession—I told the prisoner it was a forged note—he said he was quite innocent, and had received it on the Exchange, in the way of business; that it was only the second note he had ever handled, and if it had been ten times its value he should not have known better—he said at first that he was a stock broker, and then a stock broker's clerk—when he was about to be given into custody, he said he hoped we should not press it; and offered to make any recompense for the trouble he bad given—when he got to the station he gave the name of Henry Adams—the inspector asked his address, and he would not give it—the clerk of the Court also asked his address, and he declined to give it—he said be hoped I should not prosecute him, as he had got a wife and four children.
Prisoner. Q. Did you take me to the back shop till a policeman came? A. No; I did the parcel up in the front shop.
JOHN SANDARS (police-sergeant, A). On Friday, 11th June, Doddemeade came to me at Scotland-yard, and showed Rae a 5l.-note; I put my initials on it—these are them (looking at the note)—I went to Mr. Lodge's, and found the prisoner in the front shop—he was told that the note was forged—he said he was quite innocent, he had received it on Change in the usual way of business—he said that in the back shop—he said he was ready to make any recompense for the trouble he had given—I asked him his name—he refused to give it—I asked him what he was—he said he was a stock broker's clerk, and in a minute afterwards he said he was a stock broker, and was known outside the Exchange, but not inside—I asked for his address—he said he would not give it, because it would break his wife's heart—I took him to Bow-street, searched him, and found on him this pocket-book, with some writing in it (produced)—this was on 11th—there were two other examinations before Mr. Jardine, one on 18th, and one on 25th—after he was committed for trial, I went to him in the cell, and asked him for his address—he still refused, giving the same reason, that it would break his wife's heart; and that he was quite certain he had received the note on 'Change: he had been dealing in stocks, and had received it on the Exchange, in part payment, in the usual way of business that day—on the second occasion, when he was remanded, two other charges were made against him.
GEORGE BROOKS . I am assistant to Mr. Longley, a hosier, of 78, High-street, Borough. On Tuesday, 8th June, about 11 o'clock, the prisoner came, and asked to be shown some shirts similar to the one he had on—I showed him some—he purchased two at 4s. 6d. each, a pair of drawers at 18d., a cotton under waistcoat for 2s. and a neck tie 18d.; amounting altogether to 14s.—while he was selecting them Mr. Longley came up, and the prisoner said to him, "Where is the young man gone to that used to be here?"—he said he had been there several times before, and the young man bad always served him very well, and that was the reason of his coming again—Mr. Longley said he had been with him some time, and he was a very good young man, and had gone to Australia—the prisoner said he bad met him a few days before on London-bridge, and shook hands with him—he remarked about the wet morning, and how unfortunate it was, as he was going to Ascot Races, as he bad been disappointed in going to the Derby, on account of the wet weather—I made out a bill—he asked me how much the goods came to—I said 14s.—he said it was rather more than he intended to spend—he produced from a purse a 5l. note, which I think he said was part of the money he had returned to him on account of his not going to the Derby; that is what I understood, but I was not close by at the time—I called, "Cash!" and Mr. Longley came, and asked the prisoner if he had any other change—he said he had not sufficient—Mr. Longley took up the note, and asked him if he had endorsed it—he said he had, and that was his name on the back of it, "Henry Rolfe, 7, Beresford-street, Walworth—June 7, 1852"—reading it aloud, and giving that as his name and address—Mr. Longley gave him the change, four sovereigns and six shillings, which he took, and put in his purse—I asked him if I should send the parcel for him—he said no, he would take it himself—he went away—this is the note (produced)—after we had discovered the note to be forged, I went to 7, Beresford-street, but there was no person named Henry Rolfe living in that street.
Prisoner. Q. Did you have the note in your hand? A. You laid it on the counter; my master took it, and I believe I took it, but will not swear it.
ARTHUR LONGLEY . I am the master of the last witness, and keep a hosier's shop at 78, High-street, Borough. He has given the account of what passed, correctly—this is the 5l. note I took of the prisoner, No. 56519—he said he was in a Derby club, and this was his contribution to it, and he had kept his money to spend it on other purposes, on account of its being wet—when he was leaving the shop, Brooks asked him if he should send the parcel for him, and he said, "No, I will take it myself; I only live down at 7, Beresford-street, Walworth, and am going there directly; I shall be back again, for I pass to and fro here twice a day"—Beresford-street is ten minutes or a quarter of an hour's walk from my place—I took the note up, and asked him if he had endorsed it—he said, "Yes," pointing to the corner of the note, where "Rolfe, 7, Beresford-street, Walworth," is written.
Prisoner. Q. Do you recollect my coming into the shop several times before? A. I think you had been there before, but I cannot positively say.
GEORGE MAYS . I am assistant to Frederick Souther, a hosier, of 98 and 99, High-street, Borough, close by Mr. Longley's. On 3rd June, a little after 12 o'clock the prisoner came and wanted some shirts—he bought two shirts, a pair of gloves, and a collar—they came to 12s. 6d.—he offered me a 5l. note—I asked him his name and address; he said his name was on the note, pointing to "William Howard," which was on it—I asked him his address—he said, "7, Beresford-street, Walworth," and I wrote it on the back of the note—this is it; it is my writing—I gave him 4l. in gold and 1s. 6d. in silver—he said he was a very good customer to linen drapert, and he should call again and make some further purchases—I asked if I should send the parcel—he said, "No"—he remained about twenty minutes—this is the note (produced).
JOSHUA FREEMAN . I am one of the inspectors of notes to the Bank of England. This note, uttered on 3rd June, is forged in every particular, paper, plate, signature, and water mark—it is not a skilful forgery—these other two notes are forgeries in every respect—those uttered on 8th June and 11th June are from the same plate. (The pocket book found on the prisoner contained the name of William Howard, or How.)
Prisoner's Defence. I took the notes for some shares I sold in the Exchange, and had no idea they were forged, as I never had such a thing in my hands before; a man named Nicholls, on the Stock Exchange, gave them to me; his name is on the back of them; I have given information to have him apprehended, but he has removed; he used to live in St. Ann's-road, near Horsemonger-lane; I would not have sacrificed the happiness of my wife and children upon such a paltry sum; I have been dealing on the Exchange upwards of twelve months; previous to that I had a situation as clerk. (The name of Nicholls was on one of the notes.)
GUILTY. Aged 29.— Judgment Respited.
MR. PARRY conducted the Prosecution.
Cambridge. On Monday, 10th May last, I came to London on business—about 4 o'clock in the afternoon, having transacted my business, I went to the Shoreditch railway station to inquire what time the train left and as I had half an hour to spare, I thought I would take a walk towards Shoreditch Church—as I was going along I met the prisoner Shaw—he put his hand on my shoulder to draw my attention, and asked me if I wished to buy any cigars—I refused at first, but he kept talking to me, and at last I consented to go with him and see these cigars—he took me into a beer shop, in Boundary-street, I believe it is called—I had walked with him about twenty yards, but to the beer-shop would be about 100 yards—I believe it is at the corner of Boundary-street—I had a gold watch and chain—the chain was a very thick one, and likely to attract attention—any one who saw me in the street might see that I had a gold watch and chain—when we got into the beer-shop Shaw asked me if I would have anything to drink—I refused, and said I did not care about anything, I wished to see the cigars—he said, "Don't be afraid, I am not going to hurt you; you had better have something to drink," and he took me by the hand—I said, "No, thank you" I knew it was a beer-shop when I went in—I did not see any sign over the door, but I could see there was a taproom, so I concluded it was a beer-shop—he went out of the room, saying he was going to get the cigars, and when he went out I heard the door shut, and as if it was locked—I heard a lock turn in the door—he said something about fetching some handkerchiefs and gloves as well as cigars, and I said, "I don't care about any of those things"—I distinctly heard the door shut and locked—after the lapse of about three minutes four other persons came into the room by another door, a back door—that door communicates with the tap—there is a yard behind which I believe leads into another parlour, and communicates with the front door, so you may go round in a regular circle—there was a very small table in the room I was in, with a few forms, I believe; I did not take any particular notice—it is not divided like a coffee house, it is only a small room, about ten feet in length—the persons that came in sat down at the table, and one of them had three cards in his hand; that man had also two books in his hand, with brass clasps, and he wished to sell them for sixpence, but as none of the people wished to buy them, he offered to play for them, and they should have them if they happened to win them, or for 6d.—they played, and he won 6d.—they went on playing for a few minutes, until he won a few pounds—I saw some money handed over to him by some of the persons who were with him—it was an old man who handed him the money—the prisoner Ricketts was one of the men—he was not the man that had the cards—I was sitting down towards the door I came in at, at the end of the table, waiting for Shaw to bring the cigars—after the old man appeared to have lost the money, Ricketts staked a gold chain, at least one that looked like gold, against some money, and lost it—I saw the man with the cards take it up—after that Ricketts won, and I saw about 2l. paid to him, but I did not take particular notice of what passed, I was waiting for the cigars more than paying attention to them—I saw some gold paid to Ricketts by the man with the cards, I cannot say how much—the old man staked a silver watch and chain, and lost it, and he seemed very much annoyed that he should be so unfortunate, and stamped his feet—Ricketts said to me, "Shall I play for you, or will you try yourself?"—I said, "No, I would rather not, thank you; I don't care about it just now," but he said, "Oh, I will win some money for the gentleman," and went on playing—he won some money at first—he did not offer it to me, but I said nothing to him, because I of course
understood that he was not playing for me, and I had given him to understand that he was not to play for me—after that he began to lose, and lost some money, and when I looked at my watch and thought it was time to be going by the train, they gave me to understand that I must pay about 15l. or 20l.—it was Ricketts who spoke to me—when I moved towards the door and said I must be going, he said, "You must pay before you go"—I said, "Pay what?" he said, "Oh, I have been losing about 15l. or 20l. for you, and you must pay"—I said, "I shall not pay, I have not played, or requested you to play"—they all came round me and said, "You must pay"—I said, "I shall do nothing of the kind"—they came round me and immediately took the watch from my pocket, and the chain, and the rings from my fingers—the old man took off the rings, Ricketts took the watch and chain, and a fourth man, who I did not exactly know by sight, took the purse out of my pocket, and emptied the money into the hands of the man with the cards—there was a 5l.-note, a sovereign, a half sovereign, and a few shillings in silver—the value of the watch and chain was about 13l. or 14l—it was an Albert chain—Ricketts gave the watch to the man with the cards—I did not consent to their taking these things from me, I gave them up because I feared personal violence—I did not resist them, they took them from me with their hands—the empty purse was placed at the corner of the table—I took it up and put it in my pocket—this is it (producing it)—after they had all gone, Ricketts remained behind—he said he was very sorry indeed that he should have been so unfortunate, and appeared very sorry that anything of the kind should have occurred, and gave me to understand that he knew where these people had gone to, but as I tried to follow them he held me by the arms and would not let me—that was directly they had left, before I had got out of the room—they went out at the door I came in at—I did not observe it unlocked, in fact they were all round me, and I was rather confused, so that I did not take particular notice of what occurred—I at last got out of the place, in about three or five minutes after the men had left—I did not see anything of them when I got out—Ricketts was with me—he held me by the arm all the time, promising to show me where they had gone if I would go with him—he walked with me through some alley into Shoreditch—I then said, "Where are these men that have robbed me?" or "taken my money," and he let go of my arm, and appeared quite innocent, and wished to know what I was talking about—I then left him to go after a policeman, and I went to the railway station—I gave the police a description of the persons, and afterwards, in consequence of information, I went to the Hampton races.
COURT. Q. How long do you think you were in the house altogether? A. About a quarter of an hour or twenty minutes; I looked at my watch just before they took my property—I went into the place about 25 minutes to 4 o'clock—when I looked at my watch it wanted 5 minutes to 4—it was about 5 minutes after 4 when I got to the railway station—I was not able to go to Cambridge till the 9 o'clock train—Shaw never returned to the room—nobody came knocking at the door, or trying to get in—it was about six weeks after this that I went to Hampton races, or it might be more—the Hampton races are the week after Ascot—the police sergeant, Jackson, wrote to me, and I made an appointment to meet him there—I went there by myself, and on my way to the course I saw the man who had played with the cards—I immediately hastened on to meet the sergeant to give information—I met him, and as we were going after that man we met the two prisoners in company with another man, who I believe to be the person that took the purse out of my pocket, but I could not swear to him; I swore to the prisoners,
and immediately gave them into custody—they denied ever having seen me, or knowing the place where the transaction occurred—I have not the slightest doubt they are the men.
Cross-examined by MR. RIBTON. Q. How long have you been at the University? A. A year next Oct—I think I left Cambridge on this day by the 10 o'clock train, and arrived in town about 10 minutes past 12—I did not consent to these persons taking my property, but gave it up because I feared violence—I did not make the least resistance, because I knew they would resort to violence if I did—there were five men in the room, and I was by myself, therefore I knew it was no use—I began to suspect what they were after when I saw their goings on—this was a back room adjoining the bar; the bar was between the room and the street—when I entered the house I saw a little girl at the bar, but I did not notice particularly at the time because Shaw had hold of my hand—there was not a pack of cards, only three single cards—there is no game that I know of played with three cards—they were not playing a game, they were trying to guess a certain card and betting upon it—I believe it was betting on the turn-up, I do not know—I very often play at cards at Cambridge—when we can get a comfortable little supper party we have a game at whist or vingt-un—I never heard of a game called cock-a-holly, or any game played with three cads—Ricketts offered to bet for me in the first instance and I refused—he afterwards said, "I shall win some money for the gentleman," and then went on playing—when he said that, I said, "No, I would rather not play, thank you," or something to the effect that he should not play for me—what the words were I am not able to recollect—it was not when I saw I had lost some money that I looked at my watch—I looked at it without noticing what they were doing—I looked to see whether it was time to be leaving, as Shaw did not return—I paid no regard to what they were doing, for I fully understood in my own mind that he was not playing for me at all—after I left the beer shop with Ricketts I walked with him about twice the length of this Court just through an alley that led into Shore-ditch—I got into Shoreditch with him—I saw a number of persons passing and reposing as usual—I did not mention what had occurred to any of them—I looked for a policeman, but did not see one immediately; I believe they are never to be seen when they are wanted—there were two doors to this room—I am not sure about the door being locked, but I was convinced in my own mind that it was, because I heard the lock turn—I suppose the other door was not locked—I did not know at the time where that door led to, but when I went there afterwards with the policeman I found it led into a small yard, which had another door leading to another parlour, from whence you can get into the front tap room, and then into the street—I did not examine the lock of the door when I went with the policeman—I thought more of my property than the lock at that time.
Cross-examined by MR. PAYNE. Q. You are not a freshman? A. No; I am a junior soph at present—I was not brought up at any public school; I have been with a private tutor most of my time—I believe my name is down at Eton—there have not been any town and gown affairs since I have been at Cambridge, we were rather quiet last Oct.—I do not take any part in those matters—I am not particularly strong, and do not feel inclined—I kept to my rooms on 5th Nov.—something generally turns up then—it is my firm belief that the door was locked, because I heard the lock turned—I did not go to the door to try—I was left alone in the room for several minutes before any persons came in—I did not go to the door to see if it was locked, because I was firmly convinced that it was—I did not try to get out; I
stopped to get the cigars—I did not know whether he had not locked the door for privacy, to prevent persons coming in—I had never seen Shaw before—I was not with him many minutes—I saw nothing more of him until I saw him at Hampton races—I was in the room about a quarter of an hour, or twenty minutes—I went out at the door I came in at—I did not unlock it—I did not hear it unlocked—I heard the handle turn when they went out.
MR. PARRY. Q. Did you give Rickett's any authority to loose 15l. or 20l. on your account? A. I did not—I gave him fully to understand that he was not playing for me, or I playing with them, or betting with them.
COURT. Q. Where was your watch when it was taken from you? A. In my waistcoat pocket, and the chain was fastened through the button hole of my waistcoat; it was unhooked from my waistcoat, and taken out of my pocket—the rings were taken off my fingers by the old man, against my will, and my watch also—my purse was in my right trowser's pocket—I did not take it out myself—I was sitting down in a chair when it was taken out—when they all came round me I rose from my chair, and then I sat down again—they took the purse against my will—it was a young man who I could not swear to, that took it; Rickett's took the watch and chain.
ISAAC SMITH . I am ticket porter, at Shoreditch station. On Monday afternoon I saw Mr. East coming towards Shoreditch Church, as I was coming from Kingsland-road; we met—I saw the prisoners, one by the side of him and the other close behind—I have not the slightest doubt they are the persons.
Cross-examined by MR. RIBTON. Q. What day was this? A. Monday afternoon, about half past 3 o'clock.
Cross-examined by MR. PAYNE. Q. Was not your first recollection of this transaction that you saw them about half past 3 o'clock on Saturday? A. No; I saw them in Shoreditch, on Saturday, about half past 3—I did not change it to Monday, when I heard the policeman say it was Monday—one was close behind the prosecutor, the other by his side, and there was an old gentleman who was gray headed there, close behind Mr. East—I have not been fishing this all up since—there were five men altogether; I knew them all by sight, being so long at the railway as I have, and having seen them about the gates—the prisoners were the closest to Mr. East—it was part of my duty to watch them—I saw the prisoners on the Saturday afternoon, but not with the prosecutor—my recollection was always the same.
MR. PARRY. Q. You are sworn constable to the railway? A. Yes; it is therefore my duty to watch—I had seen the prisoners together on the Saturday, and many times before, apparently as companions—I am confident the prisoners are the two men I saw with Mr. East.
HENRY JACKSON (police sergeant). I am sometimes in the detective force—I received a description at the station of the persons who Mr. East alleged had robbed him—I made an appointment with him to meet at Hampton races; he pointed the prisoners out to me there, and gave them into custody—I knew them; I had seen them several times together before the time of the robbery.
MR. EAST re-examined. Rickett's took away my watch and chain, those were the only articles he took—I made no resistance fearing personal violence.
RICKETTS— GUILTY .*† Aged 26.
SHAW— GUILTY .*† Aged 35.
transported for Ten Years.
NEW COURT.—Tuesday, July 6th, 1852.
PRESENT.—Mr. Ald. FAREBROTHER; Mr. Ald. HOOPER; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Sixth Jury.
PLEADED GUILTY . Aged 36.— Confined Twelve Months.
GUILTY . Aged 35.— Confined Six Months.
GUILTY . Aged 21.— Confined Six Months.
PLEADED GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 20.— Confined Eight Months.
NOT GUILTY .
MESSRS. BODKIN and ELLIS, JUN. conducted the Prosecution.
ROSETTA SOLOMON . I am a tobacconist, and live in Drury-lane. On Saturday, 12th June, the prisoner came about a quarter past 11 at night; he had a Cuba cigar, which came to 1 1/2 d.—he gave me sixpence, I gave him 4 1/2 d. change—I put the sixpence in the till where there was no other sixpence—about an hour afterwards, when I closed the shop, I went to the till—I found only one sixpence in it, which turned out to be a bad one—I had a number of 4d.-pieces there, but no other sixpence—when I found the sixpence was bad, I put it in a small box by itself, separate from all other coin—no other person had been to my till—on the following Saturday night the prisoner came again; he called for another cigar, and laid down a sixpence in the same quiet manner that he had done before—I tried it, and found it bad—I then accused him of having passed one before—he said he had not, he was not in the shop on the Saturday night before—when I told him the sixpence was bad, he attempted to get out of the shop, but I pushed him forward, and his hat fell off; and while he was picking it up the officer came in, and I gave him into custody—I gave the officer one sixpence then, and on the Monday following I took the other sixpence to the police court—I am quite sure the prisoner is the person who came on the first Saturday.
JOHN BOULTER (policeman, A 341). I was called to the last witness's shop on 19th June—I found the prisoner there, and this sixpence was given to me by the witness; and on the Monday following this other sixpence was given me by the witness—there was 6 1/2 d. in good coppers found on the prisoner.
GUILTY* of uttering the last sixpence. Aged 21.— Confined Six Months.
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
SARAH SWAN . I am the wife of Joseph Swan, a grocer and postmaster at East Acton. On 11th June, the prisoner Flatman came about a quarter before 8 o'clock in the morning, he bought half an ounce of tobacco which came to 1 1/2 d.; he gave me a shilling, I gave him change and he left the shop—before he had quite left, I told him it was a bad shilling, and called him back—he said there was no harm done, and he gave me back the tobacco and the change, and I gave him the shilling—he went away and joined the other prisoner outside the shop; they went together towards Acton—I gave information to the police.
Jones. Q. How can you swear to me? A. By your features and dress, and general appearance.
EMILY CLIFTON . My husband keeps a baker's and corn chandler's shop. On 11th June, Jones came to my shop about a quarter before 9 o'clock in the morning—he asked for a half quartern loaf, which came to 2 3/4 d.—he tendered me a half crown—I rang it on the counter; I said, "This is a bad one"—the policeman came in, he rang it a second time, and said, "This is a bad one"—the policeman took it with him—I gave Jones into custody.
HENRY BAYLEY (policeman, T 250). Mrs. Swan gave me information on 11th June, and I pursued the prisoners—I saw them entering the village of Acton together, I watched them—on their getting near Mrs. Clifton's shop, I saw Flatman pass something to Jones—Jones entered the shop, and Flat-man walked on—on looking through the window I saw Jones served with a half quartern loaf, and a half crown put on the counter—I entered the shop; Mrs. Clifton was looking at the half crown, and said it was bad—I took it, and took Jones into custody—I called Mr. Clifton to take charge of him while I went after Flatman, whom I found in a public-house—I told him what he was charged with—he drew his hand closed from his pocket—I called for assistance, and took him with his hand closed to the station—I found in his hand this shilling—I went and took Jones.
Jones. I earned two half crowns; I did not know they were bad.
FLATMAN— GUILTY . Aged 38.
JONES— GUILTY . Aged 22. confined twelve months.
MESSRS. ELLIS, JUN. and POLAND conducted the Prosecution.
OWEN SMITH . I am in the service of Mr. Tucker, a butcher, in Long Acre. On Monday night, 28th June, a few minutes past 9 o'clock, the prisoner Fleming came and asked for 2d.-worth of pieces of meat—I served her and she gave me a shilling—I did not then see that was bad—I gave it to the foreman, and Fleming went out of the shop—I saw the same pieces of meat that I had served her with at Bow-street, about an hour and a half afterwards—they were the same that I served Fleming with.
Fleming. Q. How much meat did you give me? A. I did not weigh It; there were a lot of pieces, a great many pieces—I swear I saw them again at Bow-street.
Perrin. Q. When you saw me at Bow-street with some meat in my apron, how could you swear that they were the same pieces? A. I could swear to one piece, which was off the top of the sirloin—I sold the pieces, and saw them again at Bow-street.
JOHN MALLAM . I am in the service of Richard Tucker. I received a shilling from the last witness I placed it on the desk by itself I gave him the change, and he gave it to Fleming I saw her again the same evening she came to the shop again about twenty minutes afterwards, and asked for some pieces of meat she paid Darby a shilling; he gave it to me at once, and I looked and found it was bad I told Fleming so she said she bad received it for work where she had been I then looked at the first shilling, and found that was bad I asked the last witness who he took it of he gave a description of the person, and I told him to follow her, and she was taken into custody I gave the shillings to the policeman I cut a notch in the last one I had taken of her.
Fleming. Q. Did I give you a bad shilling? A. Yes; I did not find the other out till you had left the shop I did not give you into custody.
JAMES DARBY . I am in the same employ as the last witness. On Monday, 28th June, the prisoner Fleming came about twenty minutes to 10 o'clock at night she asked for two pennyworth of pieces I served her she gave me a shilling, which I took into the counting-house to the last witness, the foreman, and he gave me change, and I gave it her he told me to follow the prisoner, and I followed her to Bow-street she crossed over to two other women I then lost sight of her the other two women stood there for some time afterwards.
WILLIAM JENKINS . I am in the service of Mr. Aldis, an eating-house keeper, in Long Acre. On 28th June, about a quarter before 10 o'clock at night, Ellard came in, and asked for a twopenny plate of meat Fleming came in directly afterwards, and said, "Don't buy any meat for me; I don't want any "Ellard gave me a shilling for the meat I put the shilling to my mouth, bent it, and found it was bad I gave it to Mr. Ald is directly he told me it was bad, and told me to follow the prisoners they were then gone, and had left both the meat and the change on the counter while I had been serving the meat, I saw the prisoner Perrin outside looking through the window when the prisoners went away I followed them they went together, and they spoke to a man when the man saw me he ran away—i found a policeman, and we followed the prisoners down Queen-street we then got another policeman, and we all three followed them, and took them into custody.
Perrin. Q. Did you see me run away? A. You went away quickly along with them.
WILLIAM ALDIS . I keep an eating house, in Long Acre; the last witness is in my employ. On Monday night, 28th June, I saw Fleming and Ellard in my shop about 10 o'clock I saw the last witness try a shilling with his teeth I went up to the bar and said, "William, what have you there?" he said, "A bad shilling" I asked the prisoners whether they were aware of it Ellard began to abuse me; she said she had been to pawn something, and had got it there I said, "I have reason to believe you know it is bad; I will cut it in two, and give you one piece; you can go back to the pawnbroker with it" I told the boy to follow the prisoners, and the moment I spoke to the boy the two prisoners ran out of the shop I gave the two pieces of the shilling to the policeman at the station these are them (produced). Ellard. Q. Did I not tell you that I had sent my boots to pawn for
1s. 3d.? A. You made use of very bad language, and chucked the duplicate over to me, and said you had pawned your boots—you walked hastily out of the shop.
RALPH CREFFIELD (policeman, F 115). On 28th June I received information, and followed the prisoners from one end of Queen-street to the other—a second policeman then came up, and the prisoners were taken—they were together—some meat was found in Perrin's apron—the witness, Smith, recognized it—one piece he had cut off the top of a sirloin, and sold to Fleming—I produce the two pieces of a shilling I received from Mr. Aldis.
Flemming's Defence. I had been to the hospital to see my child; I met with Ellard; we went to a public house; she sent a woman to pawn her boots, and she said she would give me something to eat; my child is in a dying state in the hospital.
Ellard's Defence. I sent a woman to pawn my boots; she was a long time gone, and I treated her with a pot of beer; I went to get something to eat; the man said the shilling was bad; I told him I had pawned my boots; I was going out quick; I was told the woman lived in Wild-street, and I was going to her: I have been nineteen years a wife, and the mother of nine children; this woman saw me run, and she said, "Don't run, you will be run over."
Perrin's Defence. I had sold some geraniums for 11d., and I bought four pounds of meat which I had in my apron; there was no piece that weighed quarter of a pound; I was waiting for a woman to return from Monmouth-street who was to bring me 3s. 6d. which was coming to me: I saw Ellard crossing the road with slippers on; I told her not to run, she would be run over; she said she had better be run over and have a broken leg, than have what she would have; the man came and took us; I asked him what for; he said it was for being with the two women who had been in the butcher's shop; I said I knew nothing about what had happened; I could go to the butcher's where I bought the pieces of meat I had; there was no piece of meat in my apron that that boy could say with a clear conscience that he sold to me; I had four pounds of solid good meat; I am perfectly innocent; I told the Magistrate that I could go to the butcher's where I bought the meat in Clare Market.
FLEMING— GUILTY . Aged 22.
ELLARD— GUILTY . Aged 35. Confined Six Months.
PERRIN— GUILTY . Aged 40. Confined Twelve Months
MESSRS BODKIN and ELLIS, JUN. conducted the Prosecution.
ANDREW WETHERBY . I am barman at the Duke of Richmond, in the Caledonian-road. The prisoners came there about three or four weeks ago—Brown asked for half a quartern of rum—I served them; they both drank it—Brown paid me with a shilling, which I discovered was bad—I told them so, and I bit a piece out of it, and gave it back to them—Brown then paid me 2 1/2 d. for the rum they had had—they went away—I saw them in custody afterwards—they were brought back to the house and searched; but nothing was found on them.
On 16th June, the two prisoners came together, and called for half-a-quartern of rum—Smith gave me a shilling, which I put into the till—there was no other shilling in the till—I gave them change, and they went away together—shortly after, my attention was called to the shilling, and I found it was bad—I wrapped it in a piece of paper, and put it in the back of the till by itself—on 26th, the prisoners came in again together, between seven and eight o'clock in the evening—Smith asked for two three-halfpennyworth of gin—I served them, and they drank it—Smith gave me a half crown—I tried it, and found it was bad—I had recognized the prisoners as soon as they came in, and sent for a policeman—I accused them of passing a bad shilling on me about a fortnight previously—they at first denied it, but after a few minutes Smith said, "I will give you a good shilling for the one I gave you before, and a good half crown for this one"—in going along the road, he called me on one side and said, "For God's sake, don't be hard against me, and I will give you a sovereign if you will let us go"—when I charged them with passing a bad shilling before, Smith said he had never been in the house before in his life.
Smith. Q. What day was it I offered you a bad shilling? A. On Thursday, I believe—it was 16th of June, about 7 o'clock in the evening—a person called my attention to the shilling after you were gone—I said I believed the day you were at the house was about 16th June—no one told me to say it was about the 16th—(the deposition of this witness was read, and agreed with his present statement)—when the man told me the shilling was bad, I did not send him to look for you—I looked for you myself not a minute afterwards—I marked the shilling in our house—the officer marked it at the station, I did not—there was no other change in the till but a sixpence, and that I gave you.
Smith. Q. Were you not walking behind? A. Yes; I saw you speak to him, but did not hear what you said—you did not offer to make any resistance—I found in your possession one sovereign, two half sovereigns, and five half crowns.
Smith's Defence. I expected to be defended; but I have a witness to prove that I was not in London on 16th June; I went into the house on 26th; I had nothing but 2l. and six half crowns; I gave the witness a half crown; he took it, and asked a friend whether he had any small silver; he said he had not; he came back and said, "This is a bad half crown, and I have sworn that the first person that comes in and offers me bad money, I will make suffer for the lot; I believe my sister has taken bad shillings and my mother a bad half crown," and so he makes the innocent suffer for the guilty; I am a harness maker, and work for myself; I sold some and took this money; I went to this man's house, and he swears that I was in his house on the 16th and gave him a bad shilling; is not any man liable to have a bad half crown? you have had many cases here before you, but I am not one of them, I am a hard working man; I gave my right address; he keeps a house of resort for thieves; what was the transfer of the license for, but because the house had got such a bad name that the Magistrates would have suspended it? who would go to Cow-cross to offer bad money, where it is all made? what was his father? he was transported from the very house that he is now in; I worked for Mr. Marsh for two years, and for another person, at Walthamcross;
I had 2l. in my pocket, and wages were low; I thought I would work for myself.
SMITH— GUILTY .— Confined Twelve Months.
BROWN— GUILTY .— Confined Six Months.
MR. BODKIN conducted the Prosecution.
HENRY MOWER . I am a confectioner, at Aldgate. On the evening of 21st June the prisoner came, between 7 and 8 o'clock, for an ounce of coltsfoot rock, it came to 2d.—he gave me a shilling, I gave him 10d. change—I kept the shilling in my hand, and about a minute after he was gone I found it was bad—I wrapped it in a piece of paper, and put it at the back of the till apart from other coins—on Wednesday, 23rd, the prisoner came again about the same time, for 2d.-worth of coltsfoot rock—he put down a shilling—I gave him change—I looked at the shilling, and discovered it was bad—I ran after the prisoner, and brought him back, and gave him and the shillings to the policeman—I had broken the last shilling in trying it—I said that I took the first shilling, but a young lady took it, I was by her side.
Prisoner. Q. Was it on Monday or Tuesday that I came? A. It was on Monday and Wednesday—it was a mistake of Mr. Martin's; he put down that it was on Tuesday and Wednesday.
CHARLOTTE ANN WHITE . I was in the prosecutor's shop on Monday, 21st—the prisoner came between 7 and 8 o'clock—he asked for an ounce of coltsfoot rock—he gave me a shilling—I kept it in my hand and gave change—I gave the shilling to Mr. Mower—this is it.
JAMES GOODMAN (City-policeman, 591). I took the prisoner, and received these two shillings—I found on the prisoner 1s. 6d. in silver, 10d., the change of the last shilling he had passed, six duplicates, and two keys—he gave me an address—I went there and inquired, and no such person was known.
GUILTY .— Confined Six Months.)
GUILTY . Aged 18.— Confined Four Months.
GUILTY . Aged 33.— Confined Twelve Months.
MARCUS MEYER . I live in Aldgate, and have taken new premises, at 57, Houndsditch. I have had the house repaired there—the prisoner was at work there—I had twenty slips of paper there for the walls—it was green, with gold—there were three yards in each slip or piece—the paper came in, about a month or five weeks before I missed it—I counted it when it came in—it was all quite correct—it was kept in the parlour, which was on the ground floor, in a line with the shop—the prisoner could go to that room—I have seen him there during the time the paper was there—he was left on the premises to work—he did not sleep there—he came to me for the key in the morning, and brought it back in the evening—on Thursday, 17th June, I
went for another purpose to Mrs. Franklin's, in Crown and Shears-court—I there found this paper—it is the same sort as those I purchased—I then missed one piece, instead of twenty I had only nineteen pieces—I have the fellow piece here to match with this—I also lost seven decanters—I saw them all safe on the Sunday previous to 17th of June—they were in the attic locked up—I went to the premises on the following Thursday morning and found the street door burst open, and all the decanters gone—I have seen two of them since—these are them—they are mine, and were in the attic on the Sunday, with five others—when I got to my premises on the Thursday morning I left a brother of mine in the street to mind the door, and I went to the attic, which had been locked—I found it broken open, and all the decanters were gone—no one sleeps on the premises—on the Wednesday morning I gave the key to the prisoner—he was to do his work on the premises and return the key at night, which he did not—I saw him at his house in Gun-yard on the Thursday, and I said, "How is it you did not bring me the key home last night?"—he said, "I will get it for you," and while he was gone up I called in the policeman and gave the prisoner into custody when he came down with the key—I gave him the key on the Wednesday morning.
Prisoner. It is false; we were both together on the Tuesday evening at Mr. Perry's dining rooms, and I gave you the key, and you gave it me back.
Witness. No, I did not—I gave it you on Wednesday morning.
JAMES DIXON (City-policeman, 55). I went with the prosecutor to Mrs. Franklin's, in Crown and Shears-court, on 17th June—I found this piece of paper in the bedroom there—I compared it with the paper on the prosecutor's premises, and I found that it corresponded exactly—I took the prisoner into custody; I searched him at the station, and found nothing particular on him.
MARY FRANKLIN . I live in Crown and Shears-court, Minories. I know the prisoner—on 14th June he brought me this piece of paper—a slip of paper I think it is called—he said it was for work he wanted to do—I gave it to the officer.
GEORGE JAMES GOODMAN (City-policeman, 591). I went with Dixon to the prisoner's residence in Gun-yard, Houndsditch, on the 19th—I saw the prisoner's mother—she said her son was in custody—I found there a card and a duplicate of two decanters, pawned at Mr. Barker's.
COURT to JAMES DIXON. Q. How do you know that the prisoner lived at the place in Gun-yard, where you took the last witness to? A. His mother lives there, and I took him into custody on those premises—that was where this duplicate was found.
Prisoner's Defence. I got the key on Monday morning, and took it back, and he had it till Tuesday morning; I got it that morning, and took it him on Tuesday evening, and he gave it me back again; I did not want it, but he gave it me; I was at Mrs. Franklin's on the Wednesday night.
MRS. FRANKLIN re-examined. I cannot say what time the prisoner left my premises on Wednesday—it might be as late as 11 o'clock in the evening.
(The prisoner was further charged with having been before convicted.)
GUILTY. Aged 19.— Confined Twelve Months.
HENRY JORDAN . I am a tailor; I live in Ebury-street, Pimlico, in the parish of St. George, Hanover-square; it is my dwelling-house. I know these two coats—this one belonged to a neighbour in the street, and this other to a young man, a clerk—they were in my custody—I lost three other coats, which have not been found—one pair of trowsers has been found—the value of all I lost was about 9l. or 10l.—these two coats I can identify, as being in my custody—I missed them on the same day I went before the Magistrate, on 24th June, about half past 4 o'clock in the morning—they had been safe about half past 12 the night before—they were then in my front parlour, which I use as a shop; the work had been done on them—they were ready to go home—one of the officers rang the bell, and called me up—I went down, and found the street door all correct—one of the windows in the parlour was wide open—the blind was still there—that window was not open on the night before—I was the last person up—I cannot say that the window was fastened, but it was shut down flush, that I am quite sure of—it is a window I hardly ever open—I stand against it when I cut out—the last time I saw it down was, perhaps, about half past 10—I am sure it was after 9—somebody had opened it between half past 10 and half past 4, and I missed these things—I found a pair of trowsers in the area—they had been on a brass rail in the front parlour, facing the window, when I went to bed—I never saw the prisoners, to my knowledge.
DANIEL CALVER . I am a painter. On the evening of 23rd June, I was going from Brompton home to Pimlico—I got near my own door, 3, Eburysquare, about half past 3 o'clock—I saw both the prisoners—I did not know them before—I can swear to them—I was close to them—there was another man with them who was not taken—Savage had a bundle wrapped up, I could not see what was in it—he stood in a little court in Ebury-square, and Collins and the other man left him; and when they had got a little distance he called them to come back—he said, Bill or Jack, I am not certain which—they went on a little further, and Savage followed them—I followed and watched them, and saw Savage put the bundle into the flap of his trowsers—he then came towards me, the other two men went away—I saw a policeman, and told him what I had seen—I ran as far as Cheshire-cheese-court; I there lost sight of the other two men—I afterwards saw Savage at the top of Sloane-street.
EDWIN MORSEMAN (policeman, B 103). I was on duty about half past 3 o'clock that morning; I saw two persons running up Lower George-street—I saw the last witness and another constable—I came up, and ran up White Lion-street, and caught Collins—I asked what he was running for, he said he was running for nothing, it was not him—I told him I would take him back and see—the other man who was with him was Savage—I have known him two or three years.
WALTER LUCAS (policeman, B 200). I was on duty that morning, and saw a tall man running towards Chelsea market—about a minute afterwards I saw Collins running, he had a bundle on his left arm—he went down Crump's-yard—he remained there about half a minute, he came up again without a bundle—he went into Chelsea market—I went down Crump's-yard and found these two coats on a shed in the yard.
quarter of a mile from the prosecutor's—he had got something with him but I could not see what—Calver beckoned to me; we went after him—I caught sight of him again in Lower Sloane-street—I did not see him again till he was before the Magistrate—I am sure it was Savage—I knew him well before.
Collins's Defence. I had been out with a couple of friends, and was coming home; I met two men in Ebury-square, and each of them had something under his arm; one of them gave me these two coats to hold, and they asked me to go to Knightsbridge with them to a coffee-shop; Savage was not one of them that I met; they began to run, and I ran too.
Savage's Defence. I heard that the police had been looking after me; I went to make inquiries, I met a policeman and asked him if he had been looking after me; he said "Yes," and he took me; I know nothing about this.
(Savage was further charged with having been before convicted.)
JOSEPH HIRONS (policeman, B 179). I produce a certificate of Savage's former conviction at this Court—(read: Convicted, Jan. 1849, of stealing 29 lb. of lead; confined one year)—the prisoner is the person.
COLLINS— GUILTY of Receiving. —Aged 18.
SAVAGE— GUILTY of Receiving. —Aged 21.
Transported for Seventeen Years.
OLD COURT.—Wednesday, July 7th, 1852.
PRESENT—Mr. JUSTICE TALFOURD; Sir JOHN KEY, Bart., Ald.; Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. HOOPER; Mr. Ald. FINNIS; and RUSSELL GURNEY, Esq.
Before Mr. Justice Talfourd and the Third Jury.
MR. ROBINSON conducted the Prosecution.
WILLIAM PALMER WILLS . I am a writer and grainer, and live in Granby-street, Hampstead-road. On Monday morning, 14th June, between 12 and 1 o'clock, I was going towards home—two females accosted me at the corner of Brook-street—I passed them by, and they muttered something—the prisoners ran out—M'Carthy pinioned my arms while Coleman put his hands into my waistcoat pocket—I called "Police!" and received a violent blow from Coleman on the right side of my head with some blunt instrument—I cried "Murder!"—it knocked me down; my clothes were completely deluged in blood—I immediately got on my legs, seized M'Carthy, and called "Murder!" and "Police!" as fast as I could, and held him till a policeman came up—I lost a half crown and my hat—I had drank nothing but my supper beer, and knew perfectly well what I was about; I had been at a friend's house, not at a public house—next day I went to the police office to give my evidence, and saw Coleman there—he was disguised (he wore a dark jacket on the Sunday night)—he came up to me, and said, "About that affair of that young M'Carthy: he is a young hardworking man, and I hope you will make it up"—I said, "Make it up?" and instantly recognized him and went for an officer—I have not the least doubt that Coleman is the man that struck me.
Cross-examined by MR. O'BRIEN. Q. Were you sober? A. I was not quite sober, of course, because I had been drinking; this happened almost
momentarily after the women accosted me—no one came up before I got up and caught hold of M'Carthy—it was a very dull night, it had been raining—M'Carthy was behind me with his arm round my waist when I received the blow—I could not see his features then, not till I got hold of him—he did not say he had merely come up—I was not on the ground a minute.
Cross-examined by MR. SLEIGH. A. How long did it all occupy? A. It might have been three or four minutes from their first laying hold of me; I had never seen Coleman before—he did not speak a word—there was no person with me next day when he spoke to me—it was outside the police court—there were no policemen at hand—I went in and gave a description of the party—if I had called, I do not think the police were within hearing; I did not try—I did not lay hold of the man—I have never told the policemen, Crebo or Westlake, that I could not swear to Coleman—I have had no conversation with a person named Riley; I do not know such a person—I had no conversation with him at the police court, to my knowledge—I did not offer to take 5l. not to prosecute this matter—some parties came and asked me to take some refreshment at an eating house, and a party came and said, "You had better square it up"—it was neither of the prisoners—I said, "I do not know you"—he said, "About that affair"—I said, "I do not know anything about it, the law must take its course; I do not intend to have anything to do with it"—I have not stated to any of the witnesses that I did not know who struck the blow; that I swear.
JURY. Q. When Coleman spoke to you, and said you had better make it up, was it before or after you had been into the court? A. Before; I had not been into the court at all—I was pacing up and down the court because I did not feel well—I had suffered considerable violence, and was suffering at that time.
MR. ROBINSON. Q. Are you quite confident who struck the blow? A. I am; it was Coleman, and M'Carthy pinioned my arms.
WILLIAM MARTIN (policeman, S 316). On the morning in question I was at the corner of Fitzroy-place, about 150 yards from this spot—I heard a cry of "Police!" and went to Brook-street—the prisoner Coleman passed me in Fitzroy-place, running, before I heard the cry—he came in a direction from that part of Brook-street where I afterwards saw blood on the pavement—I went up, and found Wills holding M'Carthy—he gave him into my charge—Wills was bleeding from the head, and his coat (produced) is covered with blood.
Cross-examined by MR. SLEIGH. Q. In what state was the prosecutor? A. He was drunk, but he appeared to be perfectly aware of what he was about—he told me at the station he did not know who struck the blow, but when he was at the court he recognised the prisoner.
COURT. Q. Was it you he spoke to after Coleman accosted him? A. Yes; I went outside, but did not find the person he mentioned—I am quite sure Coleman is the man that passed me, and that he was running from the spot—I knew him before quite well.
JOHN WESTLAKE (policeman, S 333). I received information from William Martin, and on Monday night saw Coleman entering the Adam and Eve public house—I told him I wanted him for that affair which happened in the New-road last night, or early that morning—he said, "What affair? I know nothing of it, so help me God! I was in bed last night by 10 o'clock."
ROBERT CREBO (policeman, E 41). I know the prisoners—on Sunday, 13th June, I saw them together, about half-past 10 o'clock, at Bath-place, at the corner of Tottenham-court-road and the New-road, and again, about
half-past 12, in Fitzroy-market—I followed them about 200 yards, to the corner of the Hampstead-road, which is about 150 yards from the corner of Brook-street—I did not see them afterwards.
(Richard Hewitt, fruit-seller, and Daniel Bryan, shoemaker, gave M'Carthy a good character; and—Callahan, labourer, of 6, Fitzroy-place, gave Coleman a good character.)
M'CAHTHY— GUILTY . Aged 19.
COLEMAN— GUILTY . Aged 19.
Transported for Ten Years.
MESSRS. CLARKSON and GIFFARD conducted the Prosecution.
(The evidence was explained to the prisoner through an interpreter.)
SAMUEL EGERTON (police-sergeant, H 24). I am specially stationed at the London Docks—on Sunday night, 20th June, about half-past 12 o'clock, I was on duty there, and saw a light on board the Stadts Utrecht—the ship Ellen was alongside the quay—I went back to the jetty, and got the assistance of Savage—we went on board the Ellen, and then on board the Stadts Utrecht, and saw two men on deck, who appeared to be tipsy—I said, "You have got a light in the forecastle"—one of them called out something, which I could not understand, and the light was instantly extinguished—I was in my uniform great coat—I went into the forecastle, and found several men smoking—I saw an open oil-lamp, which appeared to have been just extinguished—it was warm—I told them they must not light that light again, as it was not allowed—a number of them began to clap their hands, and came close round me, shouting—I could not understand what they said—I saw the prisoner among them—I made my way to the steps, to get on deck—I turned my light on them, and began to ascend the ladder—as I was ascending, somebody gave me a blow on the back—Savage was behind me, ascending—I saw somebody below moving the ladder backwards and forwards—I caught hold of Savage by the hands, and pulled him on deck—I went towards the captain's cabin, and the prisoner came after me, and said, in English, "Where are you going to?"—he spoke very good English—I told him I was going to see the captain—he said, "You cannot see the captain, you shall not see the captain," and put one hand on my arm, and the other on the back of my neck; and two men, whom I did not know, in the dark, pushed me towards the side of the vessel, where the steps are near, where the plank was that fastens one vessel to the other—I laid hold of the bulwarks in struggling with them—the prisoner stooped down, and laid hold of my legs, and threw me over the side of the vessel, and in going over the side I got hold of a chain, so that I did not fall into the water—the depth of the water there is about twenty-two feet—I hung there for about a minute, and got on to the ship's channel, and on to the top of the plank, then got on to the Ellen, and then on to the quay—if I had not been able to catch hold of the bulwarks, I should have fallen legs foremost—when I got on board the Ellen, the prisoner and two more men, and another man who was afterwards drowned, were on board along with Savage—the prisoner had gone there while I was hanging on the side—when I got on board, the man who was drowned was striking Savage on the breast—White and two Thames policemen came up, and I went on board the Stadts Utrecht again, went down the ladder, and several of the men surrounded me—one man loosened the guide rope—some one caught hold of my arm—I turned round, and found it was the prisoner—the guide rope is what you lean on as a banister to guide you from one ship to another—the prisoner
said to me, "What do you want here?"—I said, "To see the captain"—he said, "No, no, no; go ashore;" and shoved me right on to the plank—I had seen the guide rope loosened, and did not lean on it—I went on board the Ellen, and went to the inspector to get more assistance, and when I came back I found a man was drowned—I tried all I could to recover him, and could not—I saw the captain of the Stadts Utrecht, and went down below, and saw four men—he said they were the only men that belonged to the vessel—I saw the prisoner asleep in his berth, and said he was the man—the captain said he was drunk; it was no use to awake him then—I put two constables to watch him, and about half-past six o'clock I took him into custody—about five or seven minutes elapsed between my crossing the plank, to go to the inspector, and returning, and rinding the man had been drowned—it is my duty to see that the lights are extinguished—all vessels which have lights are liable to be fined.
WILLIAM SAVAGE (policeman, H 212). I accompanied my sergeant on board the Stadts Utrecht—I have been in Court during his examination, and have heard the statement he has made—it is true—I went down with him into the forecastle to remonstrate about the light—I did not see the light, but I felt the lamp, and saw it smoking—the sergeant went against the companion, and I followed him—as he came up I saw him get a blow from somebody, I cannot say who—as I was going up somebody tried to remove the ladder from under my feet, which would have thrown me down—I was raised up and saw the sergeant going towards the captain's cabin—the prisoner stopped him, and said, "No, go to see captain;" he prevented him from going, took him by the neck, and pushed him over the side of the vessel—the depth of water there is twenty-two feet—the Stadts Utrecht draws from twelve to fourteen feet—a person in still water would be in more danger than in moving water—I did not see how the sergeant saved himself, as I was forced into the Ellen—he came on board the Ellen—I was assaulted there—I tried to take them, but they retreated into the ship—I was assaulted by the man who was afterwards drowned—I had attempted to take him into custody—they were very tipsy, and the prisoner also—the sergeant went ashore for further assistance—the deceased man, who was crossing the plank with two others, went to take bold of the rope—it was slackened, and he fell into the water, and was drowned.
CHARLES ERASER (Thames-police constable, 73). On Sunday, 20th June, I was called to go on board the Stadts Utrecht, to assist Egerton in taking the prisoner into custody—when we went down into the ship, I heard a great noise—we went down into the gangway—the prisoner caught bold of him, and said, "You b—police go ashore!"—I had hold of the rope of the plank—I saw a man slackening it, and I advised Everton to come ashore, or we should be drowned—the prisoner followed us—I told Egerton to go to the inspector and see whether it would not be advisable to take the men out of the ship in the morning; I had scarcely spoken the word when one of the men came on the plank and went overboard, and nearly took three others with him—one of the men dived after him, and we got the grapplings, but could not recover him—he was sucked right under the ship's bottom—if the rope had been taut, he would not have gone over.
ROBERT WHITE . I am one of the firemen stationed in the London Dock. On Sunday night, 20th June, hearing a rattle spring, and a great noise, I went round to the place, and saw Egerton and Savage on board the Ellen; they called on me to assist—I saw Egerton go on the plank to go on board I he Stadts Utrecht—I saw the prisoner take hold of him, and say, "Go ashore
you b----policeman, you see no captain!"—Egerton then went away to the station—after he was gone, I saw the prisoner come from the Stadts Utrecht to the Ellen, across the plank—I had not seen whether or not anybody had loosened the guide rope—after the prisoner had come across, I saw the deceased come across, he was very drunk—he stood on the plank—it being very narrow, he overbalanced himself, and pitched off head first—he grasped at the rope, but it being very slack, he missed it—if it had been tight it would have saved him—none of the police were on the plank, or interfering in any way with the rope at the time—Egerton was away looking for assistance.
Prisoner's Defence. I have some witnesses, but I do not know whether they are here or not; the deceased man belonged to another ship; I cannot say anything; I leave it to your Lordship and the Jury.
SAMUEL EGERTON re-examined. The prisoner was taken into custody next morning, and has been in custody ever since—I have not the least doubt of his being the man, I had him in my sight the whole time—he was drunk, but I think he knew what he was doing—they were all tipsy and very noisy.
GUILTY. Aged 32.—Recommended to mercy by the Jury. — Confined Twelve Months.
MR. CAARTREN conducted the Prosecution.
HO YAOU TOU . (This witness being a Chinese, was examined through an interpreter, who explained that the form of examining a witness in China was not exactly on oath, but upon a declaration to the effect that he would speak the truth, the whole truth, and nothing but the truth; and if he said anything contrary to the truth, it would draw down an imprecation upon him: after using this form, the witness broke a saucer in pieces.) I am cook, on board the ship Allan. On a Tuesday in June, I was on shore near the London Docks, and two of my companions were walking in front of me—the prisoner came up to me, and, in Chinese, said, "My friend, have you got any money?"—I said, "I have a little, I have nothing for you, I have nothing to give yon, I do not know you, I want to go along, you go along"—he then took hold of me by the arm or hand, and then took hold of me by the breast—there was a general scuffle, and'he knocked me down and kicked me—he did not strike me down, but pushed me down—before I was down I had a watch—I had looked at it to see the time, and the prisoner seized it—I wanted to know the time that I might be able to return at the proper time to the ship—there was a chain to the watch, round my neck, and two keys to it, and in the pull the chain broke, and the prisoner got the watch and the chain also—he then struck me and ran away—a good many people collected—I called a policeman, and I afterwards saw the prisoner at or about the spot where the robbery took place.
Cross-examined by MR. PAYNE. Q. How long after the watch had been taken from you was it that you saw the man, and the policeman took him? A. About six minutes—it was about 8 o'clock when I lost the watch—he called me names first, and I replied—we both fell down—we were on the ground together—I did not say that the English were rogues—I did not say they never paid above 1s. for anything—the prisoner had been drinking—I do not know exactly that he was drunk—he was not on the ground, only me.
Q. What did you mean by saying a little while ago that you both fell down together? A. You must have misunderstood me—I did not call the
prisoner names; my friend did; I blamed and Molded him, and he seized hold of me, struck me, and knocked me down—I was sober, and had not taken anything.
FRANCIS KEYS . I live at 2, Sun Tavern Gap. On a Monday evening, in May, about 7 or 8 o'clock, I saw the Chinese by the Stone-fields, near High-street, Shadwell—there were two other Chinese with him—he was talking to an Irishman—that is the Irishman (pointing to the prisoner)—I was about a yard off—one of the other Chinese was about half a yard off him, and the other about a quarter—I did not understand anything that was said—I saw the Irishman knock the Chinese down with his fist—the Chinese had a watch in his pocket, fastened with a chain round his neck—I did not see him do anything with it—I saw the Irishman take it out of the prosecutor's pocket; he gave it a hard pull and broke the chain—the prosecutor was on the ground at the time—there was a mob collected; the prisoner ran back into the mob, and I believe gave the watch to a man there—the prisoner was not on the ground, but he stooped when he took the watch, and after he got up the prosecutor got up—I saw the prosecutor get a policeman, and afterwards saw the policeman take the prisoner, round by the Stone-field's, where this had happened—that was about ten minutes after he had taken the watch.
Cross-examined. How far off were you? A. A yard—the prosecutor was down, and the prisoner stooping—on my oath they were not both on the ground together—I did not see the prisoner give the watch to anybody, but I believe he did—I swear I saw the watch in the prisoner's hand; I think it was his left hand—they talked together before the prosecutor was down, and they had a tussle—the prisoner went into the crowd, and one of the men said, "Come along, come home;" and he said, "I won't, go home yourself;" and he would not go—my father keeps a shop, and works at slipper making—I go to the charity school at Shadwell—I am twelve years old—there were a good many people collected—I did not see a man come and pick up the prosecutor, and say what a shame it was to throw down a drunken man—I was alone—I have never been a witness before—I have never been before a Magistrate—I was never in any trouble.
WILLIAM MEEDY (policeman, 393 K). On Tuesday, 22nd June, about a quarter past 9 o'clock in the evening, I was on duty in Shadwell—I saw the prosecutor—he said, in broken English, "Man take my watch"—there was a mob in High-street, about thirty yards off—I went with him to the mob, and he pointed out the prisoner—I told the prisoner he was charged with stealing a watch—he said, "If I have got a watch you will find it on me"—I took him to the station, searched him, and found no watch.
Cross-examined. Q. Had you seen the prisoner before at all? A. No; I am not aware whether he is employed in the Docks, or whether he has been in the navy—I have made no inquiries about him—I believe he did not make any statement before the Magistrate—when I took him he said, "If I have got the watch it will be found on me"—I do not recollect that he said, "If I have taken the watch"—I swear he did not use the word "taken."
(The prisoner's brother deposed to his good character.)
NOT GUILTY .
THOMAS VINCENT BRADBURY DUNN . I live at 14, Carr-street, Lincoln's Inn-fields. This day three weeks I was at work in the brick fields in Poplar New Town—about twenty minutes to 6 o'clock I saw the prisoner's wife run out of the house and the prisoner's brother after her—she hallooed out, "Save
me!"—I did not see a knife till it entered my cheek—the brother came behind me for protection, and the prisoner stuck the knife into my cheek—I had the presence of mind to keep my mouth shut, or he would have cut my tongue out; I felt it rattle against my teeth—he then made a cut at my throat—I put my hand up, and it wounded my finger—I could not work for nine days—I struggled with him, and said, "George, come and take the knife, or else he will kill me?"—one of the men said, "Here comes a policeman," and he threw the knife away—I had never seen him before.
Prisoner. I hope the Lord will forgive him if he is saying anything against me wrong; I did not know anything of the transaction till last Monday week, when I was sent for at Poplar Union. Witness. He was taken up at the time—he would have run away, but a policeman showed him. a pistol, and after that a child could have taken him away.
GEORGE JEFFRYS . I was in the brick field, and saw the prisoner's brother and the woman run out—the brother called out, "Save me!"—Dunn ran forward and stopped the prisoner—they both fell together—he said, "George, George, the knife!"—I pulled him off him, and the blood was running from Dunn's mouth—they called out "Police!"—the prisoner threw the knife away, and the police came.
Prisoner. He has made a little difference; he said at Arbour-square my brother was there, and now he says my wife and brother were there. Witness. His wife ran out first, and his brother afterwards, and the prisoner after his brother.
GEORGE PAVITT (policeman, K 260). I came up on this morning, and found Dunn and the prisoner struggling together—Dunn's mouth was bleeding very much, and one of his fingers—I took the prisoner into custody—he got away from me, and got into a muck pond—we got a rope round his body, dragged him out, and took him to the station—he was there about an hour and a half, when a fit came on—the medical man advised me to take him to the workhouse—he was there nine days—I picked up this knife (produced) in the field.
THOMAS GRAY . I am a surgeon. I saw the prisoner when he was brought to the workhouse—in the course of the night he had two epileptic fits—he was not suffering from fits when he came, but he was most positively insane—in the course of seven or eight days he became rational—he continued in a state of insanity at least seven or eight days—he had had a fit, I believe, in the station-house.
COURT. Q. Can you form a judgment of the insanity, whether it was likely to be the effect of sudden passion? A. I think it was most likely to be the result of drink; he had been drinking, I understood, three or four days; it was a combination of delirium tremens and epilepsy—I should think it most likely he was in a state of insanity at the time he rushed out; I think there can be no doubt about it—I cannot undertake to say positively when the insanity came on; I had never seen him before—whether it came on through fear, or before he came out of the house, I cannot say—I should think he is sane now—if he refrains from drink he is safe to be at large, but if he gives way he is liable to be subject to it—the excitement of drink would bring on epilepsy again.
Prisoner's Defence. I am subject to these fits, but it was never so strong as it was this time.
GUILTY of unlawfully wounding. He received a good character, and it was stated by his wife's mother that he had been subject to fits for nine years, but never did any mischief.— Confined Three Days.
MR. EDGAR conducted the Prosecution.
JOHN DOYLE . I am a seaman, and am now lodging at 6, Ship-alley. On 29th Feb. the prisoner and I were in the brig Sicily, which was on her voyage from Liverpool to the Spanish main—we had a few words in the forecastle, and he came across from the side of the forecastle on which he was, knocked me down, and got on my chest, and he got his two thumbs into my eye—I called out for help, and some of the men pulled him off me—when I got up he was in the middle of the forecastle—I told him it was a very unfair thing to make a treacherous blow at me like that, and if he wanted to fight to come up on deck—I got on the ladder, and asked him again to come—he would not come, but stopped at the bottom of the ladder and aggravated me as much as he could, and I kicked at him—it caught him on the side of the face, but made no particular mark—I then came on deck, and he came after me; he ran at me—I stood in my own defence, and we fought—he allowed he had had enough, and I did not strike him any more—I went down in the forecastle in ten or twelve minutes—I do not know whether he was down before me or not—I sat on a chest a few minutes, and he said to me, "You see what you have done"—I said I did not want to see, because I had settled all concerns on deck—he said, "I will catch you by-and-by"—I said, "You should have caught me at the time; I do not wish to have any more concerns with you"—he got up and said something, but what it was I cannot say, and made a rush at me—I got up in my own defence,. and he made two or three blows at me—I did not know that he had a knife at first, but when I saw it I called out to John Burns, who was present, "Oh, Jack, he has got a knife"—with that he put the knife into me here (at the left side)—I ran up on deck, and fell on deck, and did not know anything for seven days after—the wound is here now—I am not properly well yet, and do not expect I shall be as long as I live—I was about fourteen days off duty, and for two months I could do but very little work, and there was fourteen days deducted from my wages—I asked the prisoner if he would pay me the deduction, and I would let the case drop—he said he would not pay me a fraction—I spoke to the captain about it, and he told me to take him up directly.
Cross-examined by MR. O'BRIEN. Q. Is John Burns here to-day? A. No; I believe the prisoner's friends have bribed him to keep away. I heard Burns examined before the Magistrate—I only had one fight on deck before this occurred, and no blows afterwards—I challenged him on the ladder to fight—that was after he struck me in the forecastle, before we went on deck—I did not challenge him again after the fight—I kicked him in the jaw—that was before the fight—it was after the fight that he stabbed me; there were no blows struck—he was standing up when I kicked him, but I cannot say in what attitude—I never heard him complain that one of his teeth was knocked out, till the ship arrived at the St. Katherine's Docks, when I said something about the deduction of wages, and he said if I would put a tooth in his head, he would give me 1l. 1s.; and if I would put two, he would give me 2l. 2s.—I did not go to him after I kicked him, and say I would give him the same thing again—I heard Burns examined—the prisoner did come to me and show me a wound in his cheek—I told him I did not wish to have any more concerns with him—I did not tell him I would give him as much again—he showed me his face from the opposite side of the forecastle—I was sitting
down when he ran at me to stab me, and I got up, knowing he was a bloodthirsty man—Burns came up as a witness on the prisoner's side, as he expected, but the statement was in the log-book, and he could not go against it—there was only the prisoner, and Burns, and me in the forecastle at the time this happened—the prisoner is a Frenchman—we were four months on the same voyage afterwards—I never spoke to him from the time this happened till we got into the dock.
COURT. Q. Did you see his face? A. Yes; I saw it was injured; but I cannot say whether it was from the kick, or in the fight.
MR. EDGAR. Q. After the last fight, how long was it before you went below? A. It might have been 10 or 15 minutes—the prisoner spoke to me first—I had said nothing to him; I did not know he was there till he spoke—I said nothing to him about paying for it—I was quite satisfied, and I should say he ought to have been; he gave me a pretty good licking below, and I gave him a good licking on deck.
GUILTY of unlawfully wounding. Aged 33.— Confined Three Months.
MESSRS RIBTON and EDGAR conducted the Prosecution.
GEORGE PAGE . I am a shoemaker, of 6 Great Tower-street. On Sunday evening, 20th June, I was in Bishopsgate-street, and turned into Primrose-street—a female followed me, caught hold of my arm, and walked alongside of me—she asked me where I was going, and asked me to go with her—I refused to do so, and told her to go about her business; and as I was walking along with her, the prisoner came behind me, caught hold of my throat, and held me tight—while he was holding me, the woman went back to Bishopsgate-street—I had not seen the prisoner then—I felt he had got hold of me, and another one came behind him, and plucked at my guard that was attached to my watch, and fastened through a button-hole—he carried part of the guard away—finding what they were after, I put my hand to secure my watch—the other man kept rifling me about—the prisoner held me fast by the neck till I got into the middle of the street—he then knocked my hat off, and left hold of me—the man who snatched at my watch was then running off—the prisoner saw him leave me; he then let go and followed him, and as soon as I got my breath I hallooed "Murder!" as load as I could, and kept alongside of him till he was in custody—he ran down Primrose-street into Bishopsgate-street, and the policeman met him just round the corner—I do not know what had become of the female—I have no doubt the prisoner is the man, I never lost sight of him—at the time he was holding me I could not speak—I had never seen him or the other man before, that I am aware of—about half my chain was taken away—there was no violence used, except his holding me; he did not strike me at all—the chain would cost 25s. to replace—I had a gold watch in my pocket.
Cross-examined by MR. GIFFARD. Q. Where were you coming from? A. I had been about my business, taking boots home—I had been round Fleet-street, Farringdon-street, and round the Lower-road, Islington—that was not the last place I was at; I had been with some friends—one of them lived in Fleet-street—I did not see him after 12 o'clock—from 12 to half-past
2, I had been walking about with friends—one of their names is White-house—I merely met him in the street and passed him, that was all—I walked a few steps with him—I turned up Primrose-street to ease myself—I was going towards home before I turned up there—I went between thirty and forty yards up Primrose-street—I did not do what I wanted to do, because the young woman came alongside of me, and did not leave me till the prisoner got hold of me—I walked with the female about thirty yards, and then some one came behind me, hut I did not see it was the prisoner till he let go of me—I never saw the woman after the prisoner caught hold of me—I recovered my breath, and hallooed "Murder!" directly the roan ran away—I was not long recovering ray breath—I cannot say which way the other man went; I kept sight of the prisoner—they both ran towards Bishopsgate-street; the prisoner went to the right—I should not know the other man again, or the woman—I never lost sight of the prisoner—I had had a glass or two of bitter ale, and a small glass of gin-and-water; I had that in Fleet-street, at a public-house—I was in two public-houses; the other was in East-cheap—I had not taken anything at ray friend's—it was Saturday night, and a busy night, and I was out more on business than anything—I wanted a walk—I was not incapable of taking care of myself.
EDGAR. Q. Was there a light where this happened? A. There was a gas-light not far off—I had the presence of mind not to turn round for my hat after it was knocked off, but kept sight of the prisoner—I was not the worse for what I had taken.
JOHN READING (City-'policeman 623). On Sunday morning, 20th June, I was on duty in Bishopsgate-street—about 2 o'clock I heard cries of "Murder!" and shortly after I saw the prisoner running, closely pursued by the prosecutor—he was not above four or five yards from him—I ran and took the prisoner into custody; the prosecutor came up immediately, I may say as soon as myself—he said, "That is the man that seized me by the neck, and held me while another man attempted to take ray watch"—the prisoner said, "I think you are quite mistaken"—I took him to the station, searched him, and found on his person 1s. and two small keys—the prosecutor was not quite sober, but he had all his faculties about him.
Cross-examined. Q. Would a person coming into Bishopsgate-street out of Primrose-street have found you on the right or left hand? A. On the right; I had not been there above two or three minutes, before I heard the cries of "Murder!"—I did not observe any one running out of Primrose-street except the prisoner and prosecutor—there were others running after them in Bishopsgate-street—I could see that the prosecutor had been drinking; I think he said something about not being so drunk as anybody might imagine, that he knew what he was about—some prostitutes came up about a minute or two after I had got the prisoner in custody; I noticed one woman in particular, they told me she was a prostitute, and that she had been frequently convicted of felony—the women did not say there were some men and women running across Bishopsgate-street, and that the prisoner was not the party—they said there were some people running down Shoreditch—they did not say the prisoner was not the party—I paid no attention to what they said—I had got the prisoner in custody then—I had previously seen the prisoner in their company on several occasions—the prisoner turned to the right upon coming out of Primrose-street—the prosecutor was two or three paces after him, close behind him—there were no persons near them.
COURT. Q. Do you say you had seen the prisoner in company with these women that came up and made that remark? A. Yes; not on that night—
I have seen them frequently as his companions, in public-houses and out—they are his regular companions and associates; I have seen them together perhaps nine or ten times a week—I do not recollect having seen them together that evening.
GUILTY .** Aged 21.— Transported for Seven Years.
NEW COURT.—Wednesday, July 7th, 1852.
PRESENT—Sir JOHN KEY, Bart., Ald.; and Mr. RECORDER.
Before Mr. Recorder and the Fifth Jury.
GUILTY . Aged 15.— Confined Six Months.
GUILTY . Aged 15.— Confined Three Months.
GUILTY .** Aged 19.— Transported for Seven Years.
GUILTY . Aged 25.— Confined Four Months.
ANTHONY RUTT . I am barman to Mr. John Warne Cathie, who keeps the Salmon and Ball, at Bethnal-green. On the 15th June, I closed the house at 12 or a quarter past 12 o'clock at night, it was all fastened—I was called in the morning by the policeman, about five minutes past 4, I slept up stairs—I went down, and found everything in confusion in the bar—the side door was partly open, but nearly shut-to—I had shut and bolted that door on the over night, anybody inside could undo it—I found in the bar some cigars, they had been turned out of the boxes in which they had been kept, hut not taken away—the cupboard had been broken open, and about 5l. worth of copper money was missing—it was in 5s. paper packets, some of it was in newspapers, some in brown paper, and two or three were in blue paper that some stationery had come to the house in—I saw a jemmy, found in the bar—we lost some forks and spoons, which I believe were plated.
HENRY STEWART (policeman, K 431). On the morning of 16th June, I met the prisoner in Charles-street, Waterloo-town, about a quarter past 4 o'clock—that is in the parish of Bethnal-green—I met two men about 100 yards in front of her, she had a bundle of coppers with her—I stopped her, and took the bundle from her—I asked her what it was, she did not tell me, she tried all she could to get away, and she did get away—I found the bundle contained 3l. worth of penny pieces and these papers—two of them the last witness can swear to.
Prisoner. He did not ask where I got it, but he snatched it from me. (The prisoner here handed in a written statement.)
COURT. Q. Was she thrown down? A. No; she resisted very much,
it took about half a dozen men to take her to the station—she was not kicked at all, when she was at the station she complained of being kicked, but I saw nothing of the kind—she told the Magistrate something about a man in a flannel jacket—one of the men that I met before her had a corduroy jacket, and the other a black coat.
ROBERT BRIDLE (policeman, A 429). I was passing by the Salmon and Ball about a quarter before 4 o'clock in the morning on 16th June—I saw the prisoner from ten to fifteen yards from the door, she was alone—I did not speak to her—I did not see anything with her—the door of the Salmon and Ball was quite close—I returned to the house about ten minutes before 4, the prisoner was then gone, and the door was partly open—I called up the inmates, Rutt came down—I searched the house, the account he has given is quite correct—I am quite sure it was the prisoner that I saw near the door.
MARQUERITTA LOUISA CATHIE . I am the wife of the prosecutor—I missed half a dozen desert forks, and half a dozen dinner forks, three table spoons, and ten tea spoons, they were white metal, and were my husband's property—I missed this piece of Orleans cloth in which the money was wrapped, which the policeman took from the prisoner—I had purchased it a week before—I know it by its appearance, and it is a very unusual length, 7-eighths of a yard, a quantity that is very seldom used—I am sure it is the same piece, and I had noticed the edge of it in particular, the man offered me a piece with two braids at the edge, but I chose this with one braid—I had this piece safe the night before the robbery—there were two pieces of tape in the parcel which were thrown on the floor.
ANTHONY RUTT re-examined. Two of these are papers that the money was in—I can swear to this one, by part of a Government stamp being on it, which is imperfectly stamped—I noticed it—I packed them up myself—this other is a part of Lloyd's list, in which I packed one 5s. packet.
Prisoner's Defence (written). I have now been married fourteen months, and during that time I received great cruelty from my husband; about seven weeks ago, he left me, after he had dreadfully ill-used me, and I have not seen him since, until the night that I was taken; a young woman coming from the theatre in Whitechapel, came and told me that she had seen him in the night houses—before knowing that I was in search of him; I was searching each night house until it was broad daylight, when a man came up to me dressed in a flannel jacket, and told me he would be thankful to me if I would accompany him to the Cambridge-road, for his brother was a sailor, and he had received his money two days before, and he had received a part of it in coppers; he told me his mother lived in Pitt-street, Bethnal-green-road, and his brother had gone to fetch them; and he told me to stand round the corner of a public house, which fell back in a great hollow; when the policeman came round, and saw me standing, he looked very hard at me; it was about ten minutes before the man returned; he came up to me with a bundle, and asked me if I would carry it to the coffee shop in Back-church-lane, Whitechapel; I was going along towards that way, when the policemen overtook me, and told me to walk on before them; I heard some one walking sharp after me, which I thought was the man, but instead of that it was the policeman; when he came up to me, I held the bundle openly; he did not stop to ask me what I had got, but he took it away from roe, and said he was all right now, and I must go to the station with him; I then ran towards the corner of the street, to see if I could see the man who gave it me, and another policeman was standing at the corner; and
before I could get to see if the man was coming, the policeman pulled me back, and threw me down, and kicked me in my stomach twice; and I am heavy with child; it made me so bad that I could not then tell them where the man was, but as soon as I could I told them that a man in a flannel jacket gave it to me; they gave the alarm, and no less than seven policemen came round me; they told me to walk, but being in such pain I could not do so, when they began dragging me along by my arms and the hair of my head; I was so bad when I got to the station, that the inspector very kindly sent for a medical man; he sent me a bottle of stuff, which very much relieved me of the pain I was suffering; the Magistrate was very kind in letting me have everything for my ease; they dreadfully tore ray clothet, but I have changed my dress; I have kept my shawl, but my dress was so covered with mud, with their dragging me along; I was in deep distress, my husband leaving me, or I would not have taken the bundle, but the man promised to reward me.
COURT to HENRY STEWART. Q. How was she carrying the bundle? A. Under the shawl, on the left arm—she appeared bulky; I lifted the shawl, and saw it—I heard that there was a medical man sent for—she was not ill-used at all—we persuaded her all we could—she bit me in the hand, and threw herself on the ground.
GUILTY of receiving. Aged 19.— Confined Twelve Months.
MR. RYLAND conducted the Prosecution.
JOHN WOOLMER . I am a warehouseman, in Aldersgate-street. The prisoner was my traveller and collector—it was his duty to receive money on my account from customers—there was a book at the counting-house, in which he was to enter all the sums he received—he was to pay the sums he received to me every night—this is the book—I have looked through it—there is no entry of 10l. received from Mrs. White—here is an entry on 10th June of 9l. from Mrs. White—the other entries are from Mrs. Benson, on various dates—here is no entry of 12l. 15s. 8 1/2 d.
ANN THOMPSON . I am a widow, and carry on the business of a haberdasher in Camden-town. I know the prisoner—on 12th April I paid him 2l. on account of his master—he gave me this receipt—I saw him sign it.
Cross-examined by MR. BODKIN. Q. You have seen the prisoner several times? A. Yes; there was a dispute as to whether he received this 2l. or not—Mr. Woolmer was a party to some inquiries about it—I paid two separate sums of 2l. on the 12th and on the 19th—Mr. Hayes said I had not paid that 2l. on the 12th, and I had paid it—he said that meant the 2l. paid on the 19th.
HARRIET EMILY BENSON . My husband is a haberdasher, in Earl-street, Lisson-grove. I am a customer of Mr. Woolmer—I know the prisoner—the last payment I made to him was 17s. 6 1/2 d., on 14th June—I paid him several sums, and he gave me a receipt on each occasion—I paid him as much as 12l. 15s. 8 1/4 d. at different times, but not at one time.
HARRIET WHITE . I am the wife of James White; I am a milliner, in Somers'-town. I deal with Mr. Woolmer, and know the prisoner—I paid him 10l. on 10th June, and he gave me this receipt—it was a payment on account—the bill amounted to 26l. odd.
Cross-examined. Q. Where was this paid? A. In the parlour at my house—I do not recollect that I gave him an order.
MR. BODKIN to BENSON Q. look at these bills and tell me washer
you paid the prisoner 1l. on the 10th June? A. No, I did not—the last payment I made was 17s. 6 1/2 d. on the 14th June—I have never paid him 1l.
JOHN WOOLMER re-examined. There is no entry on 12th April of 2l. from Mrs. Thompson—he did not on or about the 12th April pay me 2l., as received from her—if he did receive that 2l. on that day it should appear in the book, and he should have paid it to me—here is no entry of 10l. received on 10th June from Mrs. White; here is 9l.—he paid me 9l.—he has never paid the other 1l.
Cross-examined. Q. You find in the same entry 9l. from Mrs. White, and 1l. from Mrs. Benson, and the two sums together make 10l.? A. Yes; the prisoner was in my service four or five months—I think from the beginning of February last—I believe he has been in a respectable situation in life—lie is married; I do not know how many children he has—his remuneration was 10s. a week, and a commission of 1 1/2 per cent.
Q. I believe you were a little averse to supply goods to your customers unless they paid something on what was owing? A. That depended on the character of the customer—when we send in goods we have an idea to what extent it should go—it would be to his disadvantage, as well as mine, to make bad debts; he would get nothing on them—Mrs. Thompson had an impression that she had paid more money than appeared, and that was the subject of inquiry—her account was getting to the full extent.
MR. RYLAND. Q. Was the dispute that she said she had paid 2l., and the prisoner denied it? A. Yes; it did not appear in the prisoner's book that she had paid it; but she produced the receipt, and I am satisfied she paid him, because here is his receipt.
(The prisoner received a good character.)
NOT GUILTY .
MR. BODKIN conducted the Prosecution.
WILLIAM SMITH (police-sergeant, E 16). On 5th June I went to the Royal Oak beer shop, in Chenies-street, kept by the prisoner—I found him in the back parlour—I told him I must take him into custody for having stolen property in his house—he made no reply—I gave him into custody, and searched the house—I found some property—in going from the bar to the kitchen I found one stair loose—I removed it, and found under it a basket, which I now produce, containing counterfeit coins—I looked further, and found a tin box, or tray, in the washhouse containing coin—I put them with those in the basket, and counted them all together—there were 28 sovereigns, 33 half sovereigns, 153 crowns, 198 half crowns, 15 florins, and 207 shillings—I have known the prisoner living there about eighteen months—I said to him, "How do you account for this?"—he said, "I don't know how it came there."
Cross-examined by MR. BALLANTINE. Q. Had you received information which led you to these steps? A. I had; the prisoner has a potman and a sister; he has a wife and, I believe, some children.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. This is all counterfeit coin—the 28 sovereigns are from three moulds; the half sovereigns are all from one—40 of the crowns are from one mould, after an accident had happened to it—the others are from it before it—the florins are all from one mould—the shillings and half crowns are some from one mould and some another.
has kept it fourteen or fifteen months—Mrs. Alexander, who was my housekeeper formerly, now lives in the second floor back room.
COURT. Q. Were these false coins in your possession? A. Oh, no!
NOT GUILTY .
737. NATHAN WOOLF, alias Nathan Woolf Jacobson , and the said THOMAS LAWRENCE , were indicted for burglariously breaking and entering the dwelling house of Leopold Redpath, and stealing 1 vase, value 20l.; his goods.—2nd COUNT, receiving the same.
MR. BODKIN conducted the Prosecution.
FREDERICK SHAW (police inspector). On the 5th June I was watching the Royal Oak beer shop, kept by Lawrence, in Chenies-street—about half past 10 o'clock in the morning I saw Jacobson come there—I knew him before—he could not see me, I was in a house—Jacobson staid in the Royal Oak about five minutes, then he and Lawrence came out together—they proceeded to a place near there, called North-street mews—I followed them—Lawrence has a stable there, and they both went into it together, and were in there from ten minutes to a quarter of an hour—they then came out, and Jacobson was carrying a bundle under his arm, tied up in a handkerchief, which I now produce—it contained this vase and stand—(neither of the prisoners had anything when they went into the stable)—when they came out, they went into North-street, and both went into a public house—they remained in there about two minutes—they came out together, and had a conversation for two or three minutes—they then separated, and I followed Jacobson, who had the parcel—I stopped him in Mortimer-street, which is in a line with Goodge-street—I told him I was a police officer, and asked him what he had got—he said, "A vase"—I asked him where he got it from—he said he had bought it—I asked him when—he said, "This morning"—I asked him the name of the person of whom he bought it—he made no reply—I asked him where the person lived of whom he bought it—he made no reply—I asked him what the person was of whom he bought it, and he said that he knew him very well, and he believed him to be a respectable man—I then asked him his name, and he said his name was Woolf—at this time I was joined by the officer Smith—the prisoner then said his name was Jacobson, and that my brother officer knew him—he said his name was Woolf, and he lived at 16, Tottenham-court-road—I asked him if he had any other place of business except in Tottenham-court-road—he said, "No"—I have since discovered another place of business that he has, at 315 Oxford-street—he there has the name of Woolf over the door, and at Tottenham-court-road the name of Jacobson—he is there a refiner and watch maker, and at Oxford-street a watch maker and jeweller.
Cross-examined by MR. CLARKSON. Q. Do you know that his mother was married a second time to a person named Woolf? A. No; I am not aware whether "N.W. Jacobson" is over his door—I believe it is only "Jacobson"—this vase was covered with these unfinished drawers—we found thirty pairs of them in Lawrence's stable—there are no bands to any of there.
WILLIAM SMITH . I knew the prisoner Jacobson by that name for about eighteen months—I know he has a shop in Tottenham-court-road—the name over the door is "Jacobson, watch and clock, and chronometer maker"—I do not know of his keeping a shop in Oxford-street.
Cross-examined. Q. Is there not "N.W. Jacobson" over the door? A. I could not swear that—I believe he had some respectable customers—I was one about eighteen months ago, I bought a guard chain of him.
LEOPOLD REDPATH . I reside at Park-mews West, Regent's-park. This vase is my property—it is worth 20l.—it was lost from my house on the night of 31st May or the morning of 1st June—my servant called me between 2 and 3 o'clock that morning—I found the house had been entered, and I missed this vase—I presume it was safe the night before, but I did not come home till late, and I did not go into the drawing room.
ELIZABETH RICHARDS . I am housemaid to Mr. Redpath. I remember the night his house was broken into—I had made the house safe between 9 and 10 o'clock the night before—the family retired early that night, between 9 and 10—between 2 and half past 2 in the morning I was aroused, I found the drawing room window open, and this vase was gone.
(George Steele, of Woodstock-street; Samuel Pritchard, a watch springer; Wolf Harris, a tailor; Charles Davies; Charles Richie, a jeweller; and William Brown, a portmanteau maker, gave Jacobson a good character: and John Green; William Lawrence, a carpenter; and Mr. Norman, a publican, his former master, gave Lawrence a good character.)
JACOBSON— GUILTY of Receiving. Aged 25.
LAWRENCE— GUILTY of Receiving. Aged 23.
Transported for Ten Years.
(There were several other charges against the prisoners; and a gentleman in Court stated that he had lost his watch on 26th May, and that it was found in possession of Lawrence.)
Before Russell Gurney, Esq.
738. JOHN M'DONALD, JAMES DOHERTY, FRANCIS HARRIS , and ELIZA JONES , burglariously breaking and entering the dwelling bouse of John Cotton, and stealing 1lb. of tobacco, and other articles, value 1l. 7s. 6d.; his goods.
MR. RYLAND conducted the Prosecution.
JOHN COTTON . I live at No. 3, College-terrace, Bond-street, in the parish of St. Luke, Chelsea—I carry on business as an oil and colourman. On Monday night, 21st June, I went to bed about 11 o'clock, my house appeared safe—we all went up to bed together as nearly as possible—in the front of my house I have a cellar, covered with boards which shut down, and on those boards I place some large water butts of a night—the water butts were on the boards that night—if any person were to move those butts and lift up the boards they could get into the front cellar, but not without a great deal of trouble—there is a communication from the front to the back cellar, which opens to a back yard, and the back parlour window opens into that yard; a person could get through that into the house—I was disturbed about 1 o'clock on Tuesday morning—my daughter came down and said something to me—I listened a little while, and we thought we heard a noise down stairs—we then went down and found the back parlour window open—it had been shut overnight—there had been a desk there, in which I kept my money—it bad been shut, and safe, when I went to bed—when I came down it was open—there were two drawers in it; I kept silver in one drawer, and gold in the other—the drawer in which the silver had been, was lying on the top of the flap of the desk, and the silver was gone—the gold drawer was quite safe—the room was in confusion, an ornament that I had on the mantelpiece and other things were removed—when we went into the shop I missed copper money out of the till, and 12s. 3d. from a shelf by the side of the counter—the policeman was knocking, in the shop, and he said, "Do you know your door is open?"—I said, "No"—I looked, and found it was open—it had been safe when we went to bed—if a person had got in at the back parlour window he could have let himself out at the front door—I missed about one pound of tobacco, out of a jar behind the counter.
JOHN LEWIS . I am a plasterer, and live in Little College-street, Chelsea. On Monday night, 21st of June, I was at a raffle at the Cheshire-cheese, at Chelsea—there were a good many persons there—I saw M'Donald and Doherty there, when I first went in at 8 o'clock—I left about ten minutes to I—the prisoners had been gone before I left—I did not see them long—my way home takes me past Mr. Cotton's shop; I live hut two doors from it—when I got there, I saw Doherty on the flap of the cellar, and M'Donald was close by—I passed them without saying anythiug, and after I had passed I heard the tubs move—I had to turn a corner soon afterwards, and when I turned I met Daley—I knew him—I had seen him about—I had not seen him at the Cheshire-cheese that evening—I had not seen him at all that night before I met him—I passed him, but did not speak to him—I saw Doherty about 2 o'clock the next day, in College-place—he spoke to me first, and asked where I was going—I told him I was going out for a walk, and I said his master had been after him to go out with his fruit (he lives in the same house that I do)—he said he did not mean to go out with any more fruit, he meant to go stealing—he said—"I must go now," and he went, and I did not see him till he was taken—when I met him he took some tobacco out of his right hand pocket, and filled his pipe and went away.
JAMES RICE (policeman, B 248). In consequence of information I apprehended M'Donald and Doherty on the Wednesday night after the robbery, about 20 minutes past 12 o'clock—they were walking and talking in the King's-road—I said, "I want you two, for breaking into Mr. Cotton's house"—M'Donald said, "I am sure I know nothing about it;" and Doherty said, "I am sure you know nothing about me"—I took them, and on the road to the station M'Donald said to the last witness, "You tell Daley that we are cocked" (that means "taken"); "tell him that Butcher has got us" (that is a nickname they give me); "and tell Frazer Wilson that we are taken, and he will send us something to eat; and tell Daley to keep out of the way, you know who I mean, him that was with us last night"—at the station M'Donald said, "I can prove I was in Jew's-row at half-past I this morning"—he afterwards said, "I can prove I was in bed at 2"—Doherty said he was at home at a quarter before 1, or he left Jew's-row at a quarter before 1; I could not distinctly tell which.
Cross-examined by MR. T. SPICER. Q. You say Lewis was with you? A. Yes, at the time I was taking them to the station—I knew Lewis.
M'Donald. Q. Did I tell Lewis to say anything? A. Yes, to tell Daley you were cocked.
JOHN BLENKARN (policeman, B 118). I was on duty on the night between Monday, 21st, and Tuesday, 22nd June—I passed Mr. Cotton's door it 1 o'clock; I saw everything safe—I observed the street door; it was safe—I passed again in about twenty minutes, and the door was open.
JAMES RICE re-examined. In consequence of further information I went on the Friday after the robbery to Strutton-ground, Westminster—Lewis was with me—as I was going I saw the prisoner Eliza Jones—I followed her to 19, Old Pye-street—she went into the house between 4 and 5 o'clock in the afternoon—I went into the house, and saw Harris standing in the passage—I said to him, "What room do you occupy here?"—he said, "None at all—I said, "It is no use your telling me any stories; I know that you do"—he assured me he did not—I then asked him where his girl was, meaning Jones (I had known them as being together)—he told me he did not know that she was gone out—I told him it was no use his telling me that story; I knew she was in that house, for I had followed her in—after a little time
Harris went into the back yard, and I followed him, and Lewis went into the yard nearly at the same time—I then went up stairs to the top back room—when I got to the door, I heard something thrown into a tin saucepan—I went into the room, and saw Jones turn from a cupboard—I went to the cupboard and took the lid off a saucepan, and in it I found this pair of scissors—I had heard that a pair had been lost—I asked Jones how she accounted for the possession of these scissors—she said, "Doherty brought them here last Tuesday morning"—I told her she must consider herself in custody for receiving those scissors, knowing them to be stolen—I left her in charge of another officer, and I went down and took Harris into custody in the back yard, where I had left him—I told him he must consider himself in custody for receiving this property, well knowing it to be stolen, and I showed him some tobacco and the scissors—he said, "All that I know is that Doherty brought the tobacco and scissors here on Tuesday morning," and on the road to the station he said, "I will tell you all I know about it;" but he did not tell any more—when I was in the top room I saw a small mark on the table, as if some tobacco had recently been removed from the table—when at the station Harris said that he and the female were going to give up the room that night, and he said they were both in the room when Doherty brought these things and asked them to let him leave them for an hour or two.
Cross-examined. Q. Have you known Harris long? A. Yes, upwards of three years—the first I knew of his living with Jones was on 1st May.
JOHN LEWIS re-examined. Q. On the Friday after the robbery, did you go with the last witness to this house? A. Yes; I went into the yard, and saw some tobacco come from the window of that top room, wrapped in a bit of rag—I took it up, and handed it to Rice.
Cross-examined. Q. Did you look up? A. I was looking up and saw it come out of the back window—I have known M'Donald a good while, and Doherty too—I was in difficulty myself, about some pigeons, about eight years ago—a party who was with me was accused of taking them—I have done nothing since.
AMELLA COTTON . I am the prosecutor's daughter—I know these scissors; they belong to me—on the night before the robbery I had left them on a small desk by the back parlour window—after the robbery I missed them—I am sure they are mine.
Doherty. Q. What mark have you on them? A. There were three letters on them before they were ground, and there is part of the marks on them now—I had constantly used them for about eighteen months—I have no doubt they are mine—I had them ground three days before I lost them.
MARY BRENNAN . I am the wife of Andrew Brennan, we live at 19, Old Pye-street—it is my husband's house, we live in part of it—I know the prisoner Doherty by his coming to see Harris and Jones, who lived together in a room in our house, Jones took the room—on the day when Harris and Jones were apprehended they both said that Harris was going home, and they would give up the room—but Doherty and another young man would keep the room on.
(Doherty's statement before the Magistrate was here read: "John Lewis has been convicted of felony, and has also been guilty of two other robberies on Chelsea-common; one was at a shoemaker's shop; he has got one pair of the boots on now; the others were pawned; he has been guilty of robbing Mr. Cotton of a copper.")
M'Donald's Defence. I was out on the Monday night, and was coming round Chelsea-common; I saw Doherty, he said he had got no lodgings I gave him some and went home, and went to bed.
Doherty's Defence. I met this lad and he was going home; I saw him no more that night; on Tuesday I met him again, and he said, "Have you heard of this robbery at Cotton's;" I said, "No!" he said, "You have done felony, I will lag you?" on Wednesday afternoon I met him again, he got telling me about this, and was mentioning about the boots that had been stolen; I believe he burnt some of the boots, and those he pawned I believe he has got out; he has been guilty of two other robberies, and was convicted once at Hicks' Hall; on Tuesday afternoon I went up to Harris, and I bought an ounce and a half of tobacco that day; I picked up the scissors on Saturday, I asked Jones if she would have them, and she asked if I got them right, I said, "Yes."
CHARLES LANE . I am a labourer, and live at 3, Little Keppel-street, Fulham-road—I know M'Donald, I knew nothing of his being taken till the Thursday—I saw him on Tuesday morning, between 5 and 6 o'clock in bed—I had not seen him on the previous night—I do not know what time he came to bed—I was in bed about 11 myself—he was not there then, but I found him in bed when I got up—he was in regular work as a plasterer.
JAMES RICE re-examined. I produce a certificate of Doherty's former conviction at this Court—(read—Convicted, April, 1851, of stealing nine quarts of wine, having been before convicted; confined twelve months)—I had him in custody.
(M'Donald received a good character.)
M'DONALD— GUILTY . Aged 21.— Confined Three Months.
DOHERTY— GUILTY . Aged 20.— Transported for Seven Years.
HARRIS and JONES— NOT GUILTY .
JAMES HARRIS . I am a labourer, in the service of George Sibley, of Cowley—I fetched a cheese for him last Saturday night, and was going home with it—I sat down by the side of the road, and dropped off to sleep just before 12 o'clock—when I awoke at nearly 3 in the morning the cheese was gone, this is it—I know it by the marks on the top—I got it from Uxbridge.
RICHARD HUDSON (policeman, T 272). I was at Hillingdon, last Saturday night—I saw the prisoner about half past 2 o'clock coming from Uxbridge, about 100 yards from where the witness fell asleep—he had something on his shoulder, I asked him what it was—he said something he had bought for his moulder, and he lived at Starveall, that is at the brickfields, and he gave him a half sovereign—I said, "What did you give for this cheese"—he said, he did not know—I said, "Your story seems very strange, come with me to the station"—I then said, "Had you any more than the half sovereign which your moulder gave you"—he said, "No"—I said, "How much have you left"—he said, "Two shillings"—he said, "I got drunk"—I searched him and found four shillings more on him, making six shillings out of the half sovereign—in the morning, when we had found an owner for the cheese, he said he had found it.
GUILTY .— Confined One Month.
THIRD COURT.—Wednesday, July 7th, 1852.
PRESENT—Mr. Ald. FAREBROTHER; Sir CHAMPMAN MARSHALL, Knt., Ald.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY .— Confined Eight Months.
GUILTY .— Confined Four Months.
THOAMS STAGG . I drive an omnibus. On 25th June, about a quarter past 9 o'clock, I was at Whitechapel Church, and asked the prisoner to attend to my horses—I left him with the omnibus, came back in four or five minutes, and the omnibus was gone—I left my great coat and shawl on the omnibus, and a coat and shawl belonging to my conductor—I have not seen them since.
JOHN MITCHELL . I am conductor of the omnibus. I left a coat and shawl on the top of the omnibus, behind the driver's seat—I left the omnibus, and when I came back it was gone, and the things also—I have not seen them since.
SAMUEL TAYLOR . I am street-keeper of Whitechapel. On Friday morning, 25th June, about 9 o'clock, I saw the prisoner with the omnibus a few yards from Whitechapel Church—he was standing by the side of the horses, and the coats were on the omnibus—I afterwards found the omnibus in Prescott-street, half a mile off—there was no one with it, and the coats were gone.
Prisoner's Defence. Stagg asked me to mind the horses a few minutes; he was gone a long while, and I left a boy to mind them; the coats were safe then.
(He was further charged with having been before convicted.)
JOSEPH BRAY (policeman, H 43). I produce a certificate (read: "Central Criminal Court; James Weight, convicted Nov, 1846, having been before convicted; confined one year")—I was present at the trial—the prisoner is the person.
GUILTY.† Aged 37.— Transported for Seven Years.
NOT GUILTY .
CHARLES POLLARD PLEADED GUILTY . Aged 58.— Transported for Seven Years.
MR. BIRNIE offered no evidence against ELIZABETH POLLARD.
NOT GUILTY .
MARY BLANCHARD . I live in Devonshire-street, Lisson-grove. The prisoner came to lodge at my house at the latter part of Feb.—on 12th March another lodger, named Curtis, spoke to me about something he had lost—in consequence of what he said I looked for the prisoner, and found he was gone—the next evening I found a box belonging to George Lenton, who occupied the next room to the prisoner, broken open; the nails had been drawn out—I had seen it safe the night before—I found these pincers and nails on the prisoner's bed—he was gone then, and did not come back—I did not know he was going.
Cross-examined by MR. O'BRIEN. Q. How many lodgers had you? A. Five; two other lodgers, who are still with me, slept in the next room to Lenton as well as the prisoner—it was about half past six o'clock in the evening when I found the pincers—the prisoner told me he was a painter.
GEORGE LENTON . I lodge at this house. On the morning of 13th March I went out at 9 o'clock, leaving my box in my room locked—I was sent for about half past 8 in the evening, found the box open, the nails and hasp drawn out, and I missed two great coats, a pair of trowsers, a necktie, some shawls, and a purse with some money in it—this necktie (produced) is mine, and the one I left in the box.
Cross-examined. Q. Is there any mark on the necktie A. No; I bought it in the Edgeware-road, and gave 2s. 6d. for it—I had had it three weeks or a month.
WILLIAM WILSON . I am shopman to Mr. Fletcher, pawnbroker. This necktie was pawned at our shop on 17th March—I do not know who pawned it, but one of these duplicates is the one that was given to the person who pledged it.
Cross-examined. Q. Did you take it in? A. No; the person who took it in has left.
GUILTY .* Aged 20.— Confined Eight Months.
(There was another indictment against the prisoner.)
MR. METCALF conducted the Prosecution.
GEORGE RODGERS . I am porter, at the Great Western Railway station, Bristol. I produce a way bill which was made out at the station on 21st May—I received it with seven boxes, which I loaded into a truck, No. 679, which went to London by the 3.35 train—I compared the addresses on the boxes with the bill—I cannot say whether this box (produced) is the same sort of box, there was a wrapper over it—it was properly directed on a label, which was pasted on to the wrapper—there was a ticket on each box—I received them from Hicks, the Clifton carrier—I counted them into the truck, examining each one to see if the address on it corresponded with what was on the paper, and I saw that they properly corresponded—they were directed to "Frederick Bohne, Royal Hotel, New Bridge-street, Blackfriars, London."
Cross-examined by MR. RIBTON. Q. When did you receive them? A. From 10 to 11 o'clock in the morning; they were put on the truck about half an hour after—they were on the platform in the mean time—I compared
them when I took them out of the van and put them on the platform, and also when I put them into the truck—I did not leave the platform while they were there before they were put into the truck—I was weighing other goods—they had not to be moved more than a yard from where they were on the platform to the truck—I put them on the truck myself, and put the number of the truck on this note—the number here is 679.
Cross-examined by MR. RIBTON. Q. How do you know you brought 679? A. I have the account here (produced)—it is in the writing of the clerk at the office—I checked it before I started, and it has my mark to it.
JOHN KIBBLE WHITE . I am a porter, at the Paddington station. I remember the 3.35 train from Bristol arriving—it was my duty to unload a certain number of packages, of which I had a ticking note—I unloaded forty-five packages consigned to Younghusband—there were other things in the truck from which I took those forty-five—some were covered, and some uncovered—Coles, another porter, assisted me—he took up one box—in consequence of what I said to him he put it down again—he put it in the truck where he had taken it from—I put the forty-five packages on the platform—I had to go and unload another van, and when I came back these things were pretty nearly all loaded on to Younghusband's van, and I helped to put up two or three—the prisoner Willis was in the van, and no one else.
Cross-examined by MR. RIBTON. Q. What time did the train arrive at the station A. It was due at Paddington at 1 o'clock on the Tuesday morning—the place is lighted with gas—there was a cover on the box Coles took up, and there was one box not covered—Coles loaded the packages into Younghusband's van while I was absent, and one of Younghusband's men was standing by.
MR. METCALFE. Q. Do you know where Coles is? A. I believe at Plymouth, attending a trial.
GEORGE RODGERS re-examined. I cannot say how many other packages besides the seven I received for Bohne were put on the truck—there were different goods, furniture, and luggage—there were forty-five packages of Younghusband's, consisting of furniture and luggage.
WILLIAM BACK . I am a porter, at the Paddington station. It is my duty to unload the trucks—I had this way bill (produced) given me of the 3.35 train on 21st June—that included the truck, No. 679—I only found six boxes for Mr. Bohne—I never saw the one now produced—five were covered with canvass, and one was not covered at all, and that was a very large one—they all six had directions pasted on them—when I found one was missing, I made a report to the superintendent, and told the clerk at the station—I delivered the six to Seaward.
Cross-examined by MR. RIBTON. Q. Where did you get that way bill from? A. From the office at Paddington, about half an hour after the train was in—when I examined this truck there were only these six boxes in it.
MR. METCALFE. Q. What time did you compare them with the waybill? A. About half past 6 o'clock on the morning of 22nd—I do not know whether that was after Younghusband's van had taken the other goods—when I found one box missing, I put "One, not to hand" on the bill, and put my name to it (pointing it out).
vans was at the Paddington station, waiting to load some goods for Mr. Fletcher—Willis was the carman—I did not see the van after it was packed—the prisoner Jones has nothing to do with me or with the Company, as far as I know—he was in Younghusband's employ for a short time, six weeks or two months ago, and was discharged—I saw him on the platform about 9 that morning—our van did not come till 10—the goods had then been unloaded, and were lying on the platform in the shed—Jones was within perhaps half a dozen yards of the goods—he had no right to be there, to my knowledge—Willis ought only to have taken away forty-five packages for Mr. Fletcher.
JOSEPH JOSHUA AUSTIN FLETCHER . I live at 32, Buckingham-street, Maiden-lane. On Tuesday, 22nd June, between 12 and 1 o'clock, Youno. husband's van came to me, and forty-five packages were delivered to me—they were not labelled—I asked Willis and Jones if my goods were all delivered right—they said they were all right—I looked into the van, and saw a box there, about the size of this one produced, but it was in a wrapper, and double corded—I asked what it was—Jones said they were going to take it into the City, it did not belong to me—Jones said that in Willis's hearing, but he did not make any reply—I did not notice whether the box was broken—the wrapper was over it—Jones carried all my things in from the van. Jones.
Q. Did you not send me away for some ale? A. Yes.
Cross-examined by MR. RIBTON. Q. You got all your things safe? A. Yes; I was in my front parlour when I asked what that was in the van—they were both in the room when Jones made that reply.
JOHN FANCETT (City policeman, 212). On Tuesday afternoon, 22nd June, about half past 4 o'clock, I saw the prisoners Wright and Jones, in Long-lane, going towards Smithfield from the direction of Aldersgate-street—Jones was carrying this box on his shoulder—at the corner of Long-lane they seemed quite undecided as to which way they should go, and Wright went out into the market, and called to Jones, "Come on this way, this is the nearest"—Jones then followed him, and they walked across Smithfield together, into Giltspur-street, Wright still walking with Jones—in Giltspur-street I asked Jones if he would satisfy me as to what he had got—he said he would—I asked him what he had got—he said he did not know—I asked him where he got it—he said a gentleman in the street gave it him, and told him to carry it to the Royal Hotel, Bridge-street, and that he gave him 6d. to carry it there—I asked who it was, and he said he did not know—I asked him at what part of Bridge-street the Royal Hotel was, and he said he did not know—I then took him to the station, and directed another constable to stop Wright—at the station Jones sat the box on the floor, and sat down on it—about a minute after I went to remove Jones and the box, and found this pair of stockings, which are marked "B.," lying behind Jones, by the side of the box—they were not there before—there are books and wearing apparel in the box—on the Wednesday morning I was at the Great Western railway station—Willis was called into the office, and I told him I must take him on suspicion of being connected with Jones—he said he was quite innocent, be took Jones up just outside the station gate, just out of charity, and he rode with him to King's Cross, where he delivered his load of goods, and from there he went to St. John-street, where Jones left him—when I found the box with Jones, the canvass was on it, tied up by the corners at one end, as if it had been opened, and the lid was broken, as it is now.
Cross-examined by MR. SLEIGH. Q. Were you near enough to Jones and Wright to hear what they were talking about? A. No; I only heard Wright
say, "Come this way"—I was on the opposite side of the way—Wright said that louder than the rest of the conversation—I did not hear Wright speaking to Jones about the payment of some money which he said Jones owed him—Wright had not parted from Jones when I arrested Jones—Jones was not, and had not been, talking to any other person but Wright when I took him—when I stopped Jones, Wright walked on.
MR. METCALFE. Q. Were they together when you asked Jones about the box? A. Wright went from ten to twelve yards before he was stopped—when I first went up, they were close together—when I spoke to Jones, Wright walked on.
WILLIAM HALL (City-policeman, 668). Fancett said something to me which induced me to follow Wright, who was walking alongside of Jones as near as any two persons could be who were walking and talking together—when Fancett took Jones, Wright went on, he never turned or took any notice—I went to him and told him to come back with me—he said, "What for?"—I said, "Along with your friend and the box"—he said, "I know nothing about the man or the box"—I said, "You are walking together, you must come back with us."
Cross-examined by MR. SLEIGH. Q. Wright had gone in advance of Jones when you took him? A. Yes, perhaps a dozen yards—Jones was arrested a very short time before—I did not hear what Fancett said to Jones—I tapped Wright on the shoulder, and gave him to understand he must come back with me—I did not say anything about stealing, I said I was not satisfied about the box, and he must come back and satisfy us—at the station he said he was talking to the man who had the box, but he knew nothing about the box—he afterwards said he knew the man, and was only with him about a claim he had against him—at Guildhall he said he was talking to him about some money he owed him—Wright gave his proper address.
HENRY JAMES REDDING . I am potman, at the Cobham's Head, Bagnigge Wells-road. The prisoners are very much like some parties who brought a box to our house covered with dark cloth, and a cord, on 22nd June, but I cannot swear to one of them—it was not a cover like this one, but dark green—I cannot say that I ever saw the prisoners—I fancy Jones came to my master's on 22nd, but I will not swear to him—there were three men came into the tap room and rang the bell—two of them had the box, and they put it on the table—to the best of my belief I have seen Willis and Wright before, but I cannot say when—I said one of the men was rather tall, and two of them short—I do not know what time they left the house.
Cross-examined by MR. RIBTON. Q. For all you know the men you saw may now be on the way to Australia? A. Yes.
JOSEPH COLLARD . I am superintendent of police at the Great Western Railway. On Wednesday, 23rd June, I sent for Willis, and, asked him if he conveyed in his van a quantity of boxes to Pentonville the previous day, and whether any one rode with him—he said he had delivered forty-five packages there, and that a man named Jones asked him, when he was in the South Wharf-road (which is just outside the station gates) to allow him to ride with him, and that he rode with him to Mr. Fletcher's, in Buckingham-street, where he delivered the forty-five packages, and that Jones assisted him to unload, for which he gave him 4d. and some beer, that they stopped nowhere on the road between Paddington and Buckingham-street, and after delivering the goods there they proceeded to Covent-garden, to collect the empty hampers and boxes, to bring them
back to the station, that Jones left him in St. John-street, Clerkenwell, and he went on to Covent-garden—St. John-street would not be in the road from Buckingham-street to Covent-garden, the direct road would be by King's-cross and Judd-street—I asked him whether there were not forty-six packages in his van—he said he would swear there were not—on the second examination, at Guildhall, Willis requested to see me in the cell, and by the permission of the sitting Alderman I went to him, and he told me he was anxious to tell me all about it—I told him he must be careful if he did so, because whatever he told me I should have to repeat again before the Magistrate—he then told me that he took Jones up into his van in South Wharf-road, proceeded to Buckingham-street, delivered the goods there, and then they discovered that they had a forty-sixth box, which he was not aware was there—I asked him whether anybody saw it, and he told me Mr. Fletcher saw it, that they then left and rode together to Aldersgate-street, where they had some conversation about the box, and it was arranged that Jones should take it, as it had been previously directed to the Royal Hotel, Bridge-street, Black friars; and for the sake of allowing him to earn 4d. or 6d., he consented that Jones should do so, and believing he would deliver it, he let him take it—on the first occasion Willis had positively denied the box being there at all, he said he knew nothing about the box—Aldersgate-street would not be in the way from Buckingham-street to Covent-garden—I have seen Jones about the station, employed by Younghusband and Son—he had no business to be at the goods' shed—no one could have taken the box out without a pass—it is impossible for Jones to have taken it out.
Cross-examined by MR. RIBTON. Q. When he told you Jones had left with the box, did not he say, "Believing Jones would deliver it as directed?" A. Yes; I took down what he said (reading—"Jones took it away, as I thought, to deliver it"—those are the words from his mouth—he did not say, "as directed."
COURT. Q. Suppose a person put a box into another person's van, could not that pass? A. Yes.
(Wright and Willis received good characters.)
NOT GUILTY .
GUILTY . Aged 22.— Confined Three Months.
Before Mr. Common Serjeant.
GUILTY . Aged 29.— Confined Six Months.
ward being under repair—the prisoner was in the same berth, and slept in the same cabin as I did—I had a chest in my cabin, under the prisoner's bed—it contained my own wearing apparel, two coats and waistcoats, neck ties, and other things—the last time I saw the things in the chest was on 1st May, but I saw the chest secure three weeks ago last Friday—I went to my chest about the 25th June—I found it in the same place, but the lid was cut, to cut the screws out of the catch—they had not succeeded in that, and had praised it open, and the catch was broken; all my things were gone—I have seen some of them since—this coat is mine, and was in the chest—this black stock and this handkerchief were in the pocket of the coat.
Prisoner. Is it likely that if I stole these things, I should send you and the policeman to the house where they were sold? I sent you there.
Witness. No, you did not, we went to the place unknown to you—we found these before you were suspected, and when you were taken the woman was sent for to see if she knew you.
ELIZABETH WEARING . I am the wife of Enos Wearing, who keeps a clothes'-shop at Greenwich. Three weeks last Saturday the prisoner came to my shop, about eight o'clock in the morning—he brought this coat, which he offered for sale—he said it was his own private property, and I bought it—he came again in the evening, and brought this silk handkerchief and these ties for the neck—he said they were his own property—I gave him 2s. for them—he came again with a piece of black cloth; I did not buy that—this other handkerchief was in the pocket of the coat.
Prisoners Defence. Did I sell you a coat and waistcoat? A. No, not a waistcoat, you sold me a coat, and I found this handkerchief in the pocket after you were gone.
JOHN SAUNDERS (policeman, R 178). On 25th June, I took the prisoner—I told him he was charged with stealing some wearing apparel of Clark's—he said he knew nothing about them—he pulled this pair of gloves out of his pocket, and tried to conceal them in his hand—I got the other things from Wearing.
Prisoner's Defence. The gloves were under the bed, and I put them into my pocket; the coat I know nothing about; I have been in the service twenty-one years, and never was charged with anything in my life; many in the College know me for thirty-two years; I know nothing about this, no more than a child.
GUILTY. Aged 52.Recommended to mercy by the Jury. — Confined Six Months.
MR. O'BRIEN conducted the Prosecution.
SAMUEL ROGERS . I am a carrier, and live at Plumstead, in Kent. The prisoner was in my employ for four or five months in 1850. On 21st Aug., 1850, he absconded, and left the horse and cart in London—I afterwards heard he had received 5l. from Mr. Rogers—I did not see the prisoner again till last Friday fortnight.
DAVID ROGERS . On 19th Aug., 1850, I gave the prisoner 5l., to go to a house in St. Paul's Churchyard to get some goods for me—I had not bad the invoice—I thought they would come to about 5l.—the whole of the 5l. was to be expended for the goods.
(The COURT did not consider that this evidence supported the charge, the money not being received on his master's account.)
NOT GUILTY .
JOHN SPARK LOVICK . I am a clothier, at Greenwich. On the morning of 19th June I missed a number of new and second-hand handkerchiefs, all in a bundle—I had seen them safe on the 17th—I have a boy and a young man in the shop besides myself—these are four of the handkerchiefs—one of them has the cost-price mark in the corner—the others had little marks on them, but they have been taken off—we sell handkerchiefs at my door, but I will swear these had not been sold—I had bought the lot on the previous week, and had only sold three of them, which were not these—I enter everything that we sell—my boy and my man are not here.
Hinchey. Q. What do you swear to these by? A. This one has a mark on, and this other I picked out of a bunch at the pawnbroker's.
CORNELIUS SHAW . I live in Mill-lane, Deptford. On the morning of 18th June I saw the two prisoners together on this side of Black-horse bridge, about a mile and a half from the prosecutor's—Hinchey showed me this silk handkerchief, and asked me if I would buy it—Gunn said he was on the lush, which means drinking—I bought this handkerchief for 1s. 6d., and pawned it at Mr. Sharp's.
JOHN WHITE (policeman, R 180). I apprehended the prisoner Gunn—I told him he was charged with stealing fourteen silk handkerchiefs from the prosecutor's—he said he knew nothing about them—I asked him if he were not with Hinchey when he sold a handkerchief to Shaw—he said he was not—I took Hinchey at Wandsworth—I told him he was charged with stealing fourteen silk handkerchiefs—he said he knew nothing about it.
Hinchey's Defence. I was drinking in a public-house, and when I came out a man asked me to pawn a handkerchief for him, which I did.
Gunns Defence. On 18th June I saw this prisoner drinking with a man, and we went and had some beer and some rum; he said he was going to buy a coat, and in going along he sold one handkerchief to this witness (Shaw) and I went and pawned two more handkerchiefs; that is all I know.
NOT GUILTY .
752. LOUISA KITE , stealing 1 watch, 1 chain, 1 seal, and 2 keys, value 2l. 1s. 6d.; the goods of William Nicholls; also, 1 watch value 7l., of Richard Kibble; also, 1 watch, value 10l., of Edmund Crouch: to all of which she leaded.
GUILTY . Aged 20.— Confined Twelve Months.
ISSAC GEORGE DADD . I live at Deptford. On Thursday night, 1st July, between 11 and 12 o'clock, I was going home from Greenwich; I was the worse for drink—I got into the station house—when I came to I missed my watch, which was in my pocket at 11 o'clock, and also my hat, which had
been on my head—I am not conscious of losing them—I did not see the prisoner till the next morning—these (produced) are my watch and hat.
GEORGE CHAPMAN (policeman, R 208). On Saturday morning, 3rd July, at half past 10 o'clock, I went on board a barge lying in Deptford Creek, and found this hat in the cabin—the prosecutor identified it—I stayed there till past 12 o'clock, when I saw the prisoner and the captain of the barge coming towards it—I stopped the prisoner in the road, and asked him how he accounted for the hat being in his barge—he said he had picked it up in the road, and taken it there—I took him to the station, and asked him if he knew anything of a watch, which the prosecutor had lost at the same time as the hat—he said he knew nothing of it—I searched him, and in his trowsers pocket found the watch, key, and ring, which the prosecutor has identified, and this guard (produced) was round the prosecutor's neck broken.
Prisoner's Defence. I sell hay and clover on commission; I went to a gentleman to sell some, and coming back I met the policeman; I told him I bad picked up the hat the night before, and that I did not know anything about the watch; I am an honest man.
GUILTY . Aged 58.— Confined Four Months.
Before Mr. Justice Talfourd.
JOHN WHELAN . I am an attorney's clerk, and reside at 1, Wine Office-court, Fleet-street. On Wednesday morning, 30th June, between 3 and 4 o'clock, I was near the Black friars-road—I was under the influence of liquor, but knew perfectly what I was about—I was accosted by two females—some little conversation passed, and drink was proposed—I told them that the first house we came to that was open I would treat them, as I was merely taking a walk to refresh myself, and did not intend to go to bed so early in the morning; I thought it would injure me, as I had to attend to business at 9—we proceeded over Blackfriars-bridge, and on the east side of Blackfriars-road there were seven or eight men, and, I believe, a woman, together—I made way for them, and Michael Ryan, who was one of the number, made a sudden rush at me with his head into my privates, which staggered me, and hurt me very much—I got into the road, and called out," Policeman!" as loud as I could, and at this time he seized me by my waistcoat pocket, which contained a purse with two sovereigns and a half, and in the act of taking it away he tore the waistcoat pocket down—the women who were with me also called "Police 1"—a policeman instantly came to my assistance, and I gave Michael Ryan into his custody—I have no recollection of John Ryan having done anything to me; one of the other parties struck me a violent blow on the right arm, but it was not him; he was there, but did not do anything—I gave Michael into custody, the others went away.
Cross-examined by MR. GIFFARD. Q. Who are you clerk to? A. Mr.
Branscomb, of Wine Office-court—I have been with him twelve months—on this night I had been with a party of friends at the Swan, in Coleman-street—after I left there I did not take anything at all to drink—I had been there for some hours—I had been drinking there—we had some wine—these women asked me for something to drink, but I had not time to give it them—I had never seen them before, they were entire strangers to me, I met them casually—Eliza Cobley was one of them; I did not know her name then—they did not attend at the examination, nor was I present when John Ryan was given into custody—I knew nothing of his being in custody until I saw the account in the newspapers.
COURT. Q. Are you sure that John Ryan was there? A. To the best of my belief he was, but I was so stunned and frightened, I do not believe he was acting with the other party—I had no struggle with Michael—I did not try to catch him.
ELIZA COBLEY . I am a married woman; my husband is a carriage lamp maker—I reside at 8, Cross-lane, Holborn. On Wednesday morning, 30th June, between 3 and 4 o'clock, I was with Mrs. Gorman, in Blackfriars-road—we met Mr. Whelan—Mrs. Gorman had been having a few friends, and we did not feel inclined to go to bed, so we took a walk over the bridge—we had had a little drop of drink—we said to Mr. Whelan, "Will you stand anything to drink?"—he said provided we could find a house open he would—I had never seen him before—as we were going along we met six or seven men and a woman, and the prisoner, Michael Ryan, shoved his head against Mr. Whelan, and took the purse out of his pocket—I saw that, and some woman rushed upon me and knocked me down in the kennel, and I saw no more—I saw no one but Michael Ryan do anything—Mrs. Gorman hallooed out, "Police!"
Cross-examined. Q. What were you doing there at 4 o'clock in the morning? A. We took a walk over the water for a bit of air—I live at 8, Cross-lane, Newgate-street, Holborn—I did live in Plumptre-street; I gave that address—I did not want any one to know where I lived, because I owed a trifle of a debt to a tallyman, and had not the means of paying it—I gave my right address to the Magistrate—I never told any one that I had given a wrong address, because I did not want to be found out—I will not swear I have never said so—I do not go out with Mrs. Gorman every night—I was out with her not long before—it was quite light when this happened—I am surfeit was Michael Ryan who struck the blow—when I first saw the prisoners together they looked so much alike that I could not identify one from the other, but the man that struck the blow was taken into custody at the time—he never escaped; he could not have got out of the way while I was on the ground—Mr. Whelan, I think, held him—it was after we hallooed "Police!" that the woman came and struck me for giving him in charge—we hallooed "Police!" when Mr. Whelan was struck—Michael Ryan was in custody at the time the woman assaulted me—I had seen the whole transaction up to that time—I saw no struggle or fight between the prosecutor and Michael Ryan—I only saw the blow given when he rushed against him, and he made a grasp at his pocket and took the purse out—I saw the purse in his hand; I did not see what became of it—it was a red one—I could not see whether it had anything in it.
MARGARET GORMAN . My husband is a policeman; I live in Ellis's-court—no, at 11, Brazier's-buildings, Farringdon-street. On Wednesday morning, 30th June, between 3 and 4 o'clock, I was walking with Mrs. Cobley—we met Mr. Whelan, and Mrs. Cobley asked him to stand something to
drink—he said he would if any place was open—we walked across the bridge towards Christ Church, in the Blackfriars-road, and these parties rushed out—Michael Ryan gave Mr. Wtielan a blow in the stomach with his head—it stunned him—they all gathered round—there were seven or eight of them, and a female, as well as Michael Ryan, grasped Mr. Whelan, and took something out of his pocket, and with the grasp tore his pocket—I did not see what he took; the rest got closely round Mr. Whelan—Mrs. Cobley was knocked down by a female and a man—I ran and called "Police I" and a policeman came—I did not see anybody give a blow but Michael Ryan.
Cross-examined. Q. Did you see any scuffle or fight between Michael Ryan and the prosecutor? A. No—I do not know how I came to give two addresses just now—I did live in Ellis's-court, Old Bailey, before I went to Brazier's-buildings; that is about twelve months ago—I made a mistake when I said I lived there now—I had had a few friends at my house on this night—we were amusing ourselves, and after the party broke up I said to Mrs. Cobley," Will you take a walk over the water?"—my husband was not there; my brother and sister were—we had not had very much to drink; we had tea as well as drink; we enjoyed ourselves—I and Mrs. Cobley went over the bridge together—we had got about to Christ Church when this occurred—I saw the prosecutor's waistcoat torn; I saw Michael Ryan make a grasp or snap, and with the force of pulling at the waistcoat he tore it, and took something out of his pocket, but I could not see what it was—then the party with him all pressed around each other closely, and I do not know what happened afterwards—I saw Mrs. Cobley knocked down; that was at the same time; it was not after the prisoner was in custody—I called the policeman—he did not come up when Mrs. Cobley was knocked down; she had recovered herself before he came; he was on the other side of the way.
MR. SPICER. Q. It was all a scene of confusion together I suppose? A. Yes; it was.
WILLIAM HYDE (policeman, L 188). On Wednesday morning, 30th June, I was on duty in Colling wood-street, near Blackfriars-road—I heard a cry of "Police!" went up, and saw Mr. Whelan with the two female witnesses in the Blackfriars-road, and the two prisoners in company with about three or four more coming from the same direction—Mr. Whelan gave Michael Ryan into custody for assaulting him, and stealing two sovereigns and a half, and his purse—he said he had been robbed—I asked him by whom, and he pointed to Michael Ryan—I asked what he had been robbed of, and he said his purse and a sovereign and a half—the purse has not been found—I took Michael into custody, and took him to the station—I saw John Ryan; he was about twenty yards from Michael, when I took him.
(Michael Ryan received a good character.)
JOHN RYAN— NOT GUILTY .
MICHAEL RYAN— GUILTY . Aged 31.— Confined Twelve Months.
MR. PLATT conducted the Prosecution.
GEORGE WEBB . I am a labourer of 3, Little George-street, Bermondsey. On Wednesday night 9th June, about half past 11 o'clock, I went down a turning in Holland-street, Blackfriars, for a particular purpose—while I was there the prisoner came up behind me and put her arms round my waist—I had a silver watch in my waistcoat pocket attached to a Ald guard, which was round my neck—I called out, "Police"—the prisoner said "I have
nothing of yours, what are you calling about?" on which two men came up; they seemed to come from the end of the turning—the first man that came up said something about leaving her alone, and struck me over the hand with something very heavy—the prisoner had my watch in her hand then, and I had hold of her hand—it was a violent blow; it made me leave go, and she took the watch off the guard, and handed it to the man that struck me—the other man then struck me two blows, with something heavy, over trie head, which made two wounds—I dropped down and the men ran away, one of them having my which—the prisoner endeavoured to run, but I clung to her clothes till a policeman came, and gave her in charge—this was about five minutes taking place, during the whole of which time I never lost south of her—I am sure she is the woman—I was quite sober—my watch was worth 4l.—I have not been able to work since—I am obliged to keep my hand in a sling, as the bone is injured, and I suffer with my head very much at times, which I never did before.
Cross-examined by MR. TREVETHAN SPICER. Q. What time was this in the evening? A. About half past 11 o'clock—I was going home—I had been to Fetter-lane, at the White Horse Cellar—I had been there about a couple of hours—I only had a glass of beer there—the prisoner took me quite by surprise—I had not entered into conversation with her—the blows did not take away my senses; I was perfectly sensible the whole time—I recognize her by her features—it was a fine night—the street was very open, and I never lost sight of her.
SAMUEL WYMAN (policeman, L 194). About 12 o'clock on this Wednesday night, I heard a cry of "Police!" in Holland-street—I went up, and saw Webb holding the prisoner—he said, "I give this woman in charge for stealing my watch"—he was bleeding very much—I asked what she had done with the watch—she said she had not got it, and had never seen it—I took her to the station—she was perfectly sober, and so was the prosecutor.
Cross-examined. Q. Are you sure of that? A. Yes; he did not appear to have been drinking at all.
GUILTY . Aged 23.— Transported for Seven Years.
Before Mr. Common Serjeant.
GUILTY . Aged 44.— Confined Twelve Months.
TOMLIN.— Confined Three Months.
(Henry Charles Strickland, a surveyor, deposed to skoiles's good character, and agreed to take him into his employ.)
SKOILES. Aged 16.—The Prosecutor recommended him to Mercy.— Judgment Respited.
Before Russell Gurney, Esq.
MR. COOPER conducted the Prosecution.
THOMAS MOSES GREEN . I am an ironmonger, of Broad-street, Lambeth. On 29th March, the prisoner King was in my employ as nail porter—he had been so six or seven years—I was told something by the police, and tried to
search Simpson's premises—I was refused—I obtained a search warrant, and went to his premises with two officers on 30th March—I searched the front shop and one of the back warehouses, a small kind of shed on the right side, where we were first introduced by Mr. Simpson, when he refused to allow me to go in the real back shop—on 30th I went into the large back shop, where I found two casks, which contained about 11 cwt. of nails, intermixed with other nails, which is quite unusual in the trade—there were a few papers in the casks, which the officer took possession of—there were other papers found when I was not present—they were shown to me by the policeman previously, on 29th March—there was writing on them, and I recognized them—I looked at the nails I found in the tubs, and I had had nails of a similar quality to them—there were some clog nails, of which I had a double quantity by mistake—there were marks on the papers, which indicated what sort of nails had been in those papers—having looked at the papers, I found nails in the casks to correspond with the marks on them—I never knew Simpson to buy any goods of me at any time—I did not know there was such a man—I had never given my man leave to sell nails or springs, or anything else, to any one.
Cross-examined by MR. LILLEY. Q. The springs King made himself, and sold them? A. Yes; I purchased springs of him—he had been six or seven years in my service, and had conducted himself to my satisfaction—I had not missed any nails, because I had a large stock—I had sold a large quantity from time to time—I had sold a large quantity of the sorts in question—others sell nails of the same sort—these fine wrought nails are common in the trade, but there is a great difference in the quality—they are made in large quantities in Birmingham, and sold to other retail dealers in various parts of the country.
Cross-examined by MR. PARRY. Q. In the course of the year you tell tons of nails? A. Yes, but not a great quantity of this sort—these were all made up in small parcels—I have them from Broomsgrove—they sell nails there in immense quantities—I sell to builders and carpenters—builders do not use this kind of nails—I sell wholesale—I have bought springs of King—the papers which were found in the barrels I do not identify at all—the papers which the policeman showed me King might have used to wrap springs in, but if he had done so it would have been wrong of him to take papers from my house.
MR. LILLEY. Q. At your warehouse, when nails are unpacked, what is done with the papers? A. They are put in papers for the purpose of selling them—they come in in bags, and it was King's duty to weigh them, tie them up in papers, and mark them, and they are sold in those papers—these papers were in King's handwriting—he admitted it.
MR. COOPER. Q. Who are the purchasers of these small nails? A. The plasterers—they are sold by thousands and half thousands, this mark on the papers shows what kind of nails they are, and the price.
CHARLES BURGESS GOFF (police-sergeant, L 8). On 30th March, I went from information to Simpson's house—I found two casks, which had some white metal on the top—the casks were nailed down, and when I forced the heads from them, I found in one, twelve parcels of nails, and in the other, two, and a great quantity of loose papers, which have no marks on them.
Cross-examined by MR. PARRY. Q. Were these parcels of nails found in Simpson's ironmongery warehouse? A. Yes; he has lived there some years, and I believe he has been a dealer in nails—on one or two occasions when persons have offered goods at his shop, he has given information—I have
known him seventeen or eighteen years—I always believed him to be an honest respectable character—he has generally borne the character of an honest man.
MR. COOPER. Q. What was he a dealer in? A. He has two separate shops, one an ironmonger, and the other a marine store dealer.
MAURICE HAYES (policeman, L 96). On 29th March I went to search Simpson's premises with Mr. Green—we took King with us, and confronted him with Simpson—the witness Cocking was present—I asked Simpson if he knew King—he said, "No"—I asked Cocking if he knew King—he said, "Yes"—I asked Simpson if he had ever bought goods of King—he said, no, he had not—I asked Cocking if he had ever bought goods of King—he said, yes, he had, holdfasts, and little hand springs, and bells, and keys, once or twice—I asked if he had ever bought any nails of him—he said, "No, never"—I turned round to Simpson and asked him if he had got any nails in paper parcels in his house—he said, no, he had not—I told him that I had received information that he had been in the habit of buying a great quantity of nails of King—he denied it—I told him that the parties giving me the information said they were in his back warehouse, and I asked him if he had any objection to let Mr. Green and me go there—he said no, he had not, and he took Mr. Green into one of his back warehouses—Mr. Green was perfectly satisfied that there were no parcels of nails there—we then asked him if he had got any other back warehouse—he said, "No," and something passed between him and Mr. Green which I did not hear—before I made this search I had seen Cocking, but he did not give me any information—I went to the place by Mr. Blewitt's instructions—I did not take any papers at that time from Mr. Simpson—I produce some which I had from Downey—Simpson said that day he had no other back warehouse—I went again the next day and found another back warehouse, where I found a great quantity of nails.
Cross-examined by MR. LILLEY. Q. I believe when you questioned King he said he had been to Simpson's to sell some springs?" A. Yes, and Cocking said he had bought springs of him—these are the papers I produce.
Cross-examined by MR. PARRY. Q. I do not know whether you have known Simpson hitherto to bear an honest character? A. I never heard to the contrary, and I am on duty in that neighbourhood—the casks of nails were not in the warehouse where Mr. Green was taken by Simpson, but in a different place, on the left hand side, at the bottom of the shop—Cocking denied having purchased nails of King.
Cross-examined by MR. LILLEY. Q. Do you know anything of Mr. Simpson's course of business? A. I do not.
Cross-examined by MR. PARRY. Q. When did you receive these papers? A. It was on a Monday—I think before the Magistrate's warrant was issued—I think it was on 30th March, he gave them to me in my shop—I keep a carver and gilder's shop—he did not give them to me to keep—he said he hod some papers in his possession, and gave them to me—I know Mr. Simpson—I do not owe him any money—I did not owe him any at the time these papers were given to me—he made a claim against me, not for 40l., for 14l.—he was apprehended on 30th March—I did not go through the Insolvent Court on that day—I did on 1st April—Simpson had not threatened me with opposition in that Court—I swear that—I had been sued in the County Court, and he claimed this money under the judgment—I gave instructions that it
should be inserted in my schedule—I did not pass the Court, the case was adjourned—I am now in the course of going through the Insolvent Court—I do not know whether it was adjourned to any particular day—it was adjourned to make arrangement with the landlord—I have not paid anything for the expenses of this prosecution against Simpson—I have not promised to pay anything—I am not under any obligation to pay—I called on the attorney—I cannot say whether Blewitt has paid a part of this prosecution—I have not, and have not in any way made myself liable—I have been to the attorney's office with Blewitt and Cocking—I think not three or four times—I was there on Saturday last for a few minutes at the door—I have known Cocking since then—I do not know that he has been selling nails—I have not stated that I knew he had been selling a large quantity of nails at Rotterdam—I have not stated to the person sitting behind you, and to Simpson, that I knew Cocking had been selling nails recently in Rotterdam, since this charge was made—I have not said anything of the kind—I did not give Simpson the name of the landlord where he put up at Rotterdam—I will swear nothing of that kind passed, nor do I know the name of the man now at whose house he put up—I believe he did put up at Rotterdam—I did not say something about his putting up there—it was something stated to me—I did not state that he put up at Rotterdam, and had been selling nails there.
THOMAS BLEWITT . I live in Mount-row, Westminster, and sell toys on commission. Six or seven weeks before Mr. Simpson's premises were searched, I saw Mr. Cocking—he came to me at where I lived after he had done work—he made a statement to me, and in consequence of that I made a communication to the police—Cocking bad given me some paper wrappers a day or two before that—to the best of my belief these are them—these two I can swear to—this one I know by the colour of it, and this by the appearance of it—I know King by sight—I have seen him at Simpson's a great many times; I have seen him selling nails there—Simpson and Cocking together have bought nails of him—and sometimes Simpson has bought them by himself, but more frequently Cocking has bought them—the nails were in small parcels—King sometimes brought them in a basket, sometimes in a handkerchief, and sometimes he pulled them out of his breeches—I never saw him produce many parcels at a time—I could not say how many times I have seen him when Simpson was present—I should think I have seen him sell them twenty or thirty times, and I have seen him in the rag-shop with Simpson—I have seen him sell nails in the rag-shop—I have seen him when he has not brought nails, but gone in fur money—the twenty times that I have seen him go there, has been within eighteen months—I have seen the nails—he frequently had them in his band—I have seen tacks and hob nails.
Cross-examined by MR. LILLEY. Q. What caused you to be so much in Simpson's house? A. I have known him ten or twelve years—I have business to attend to, but about April or May twelve months, Simpson asked me to assist him in taking stock, and again he asked me to assist him—I think the stock-taking took two or three days—I have been in his shop a great many more than twenty times—I do not live and take my meals there—I went frequently there; sometimes for a pennyworth of nails or screws, sometimes to gossip with Simpson, sometimes as a mere casual observer—I have not any acquaintance with King—these are the two wrappers; I identify this dark one, and this ragged one—I do not believe this one has been trodden under foot.
Cross-examined by MR. PARRY. Q. Who gave you these papers? A. Cocking—I must be a little interested about this prosecution, because I gave
the information to the police—I have had no quarrel whatever with Simpson—I never quarrel with anybody—I make a point of it—I am a commission traveller—I travel for myself now, but I have not been able to travel since this case came on—I am a doll-maker, and keep a toy shop at 11, Mount Row—I have lived there with my wife since 13th January—on that day I was married—I had not lived there before—I had travelled on commission for that shop, but not many weeks—I was married at St. Saviour's Church, Southwark—I swear that—I cannot name any person for whom I travelled on commission within the last six months—I was employed in a large ware-house in Whitechapel—I travelled on commission for two persons, and for Mrs. Shields, who is now my wife—the name of Shields is not over the house now, because we have had the house painted, and the name taken down—it will be up again, and the business carried on in that name, the same as Pickford's, who carry on business in that name—I have not been promised any reward in this case—I have been told that that was the motive I had, but that was not my motive—I have not paid any expenses except one guinea, which I paid when Cocking was locked up—I did not give instructions to the attorney—I paid Mr. Roberts a guinea to get Cocking out of difficulties—he attended, and I paid him a guinea, but not towards the purposes of this prosecution, certainly not—before January, I lived at 27, Tower-street, Lambeth, opposite the station-house—I think I lived there fifteen or eighteen months—I did not carry on any business, only as a general dealer—I had not a shop—I have not followed many trades—I was a pawnbroker once—I have been a clothes salesman, and I have been a boot and shoemaker, and employed twenty-seven men—I have never been in difficulties—I have never been in the Insolvent Court—I never made my appearance in the Bankruptcy Court except as a witness—I have been in trouble all my life, but no charge has ever been made against me—I was not on bad terms with Simpson, till I gave information—I was not on good terms, on middling sort of terms—I neither loved him nor disliked him—my object in going to his shop was merely to gossip and so on—nothing else.
ROBERT COCKING . I did live in Westminster Bridge-road. I have been in the employ of the prisoner Simpson as shopman—he introduced King to me about three years ago—I kept the iron shop—King has been in the habit of coming to the shop—he brought nails to sell in brown paper parcels—the first time he brought me some to sell, I took him into Mr. Simpson—I told him I did not buy them myself, I did not know the price—Simpson came back with him to the shop, and told me to buy the I nails, and any other things that he brought, and told me the prices to pay I tor them—the prices varied from 1 1/2 d. per pound to 4d.—after that I bought I them of King—I have sometimes bought of him once a day, sometimes twice, or three or four times a day—the parcels he brought were small ones, and varied from 2 to 4 lbs.—there have been 42 lbs. in a day—they were all new nails and done up in packages—I recollect Mr. Green coming to our premises to search—about six weeks previous to 29th March, I had made a communication to Blewitt, and I had made a communication to the police—at the time Mr. Green came, I thought we had about 8 cwt. of these nails left—I remember Mr. Green coming with the police, and some nails being found in two casks—I had those nails from King, they were mixed on the Monday night, 29th March—I went home to tea about 4 o'clock that afternoon, and I saw the officer Hayes, and Mr. Green, and King standing at the corner of Marsh-gate—Hayes stopped me, and told me he had taken King into custody, and he should take me—he asked me if there were any
nails in Simpson's shop—I said, "Yes"—(King must have heard this)—after I had turned away from Hayes, Mr. Simpson told me to go and mix the nails—I did it with three others, the boy Harry, the man from the marine store shop, and the servant girl Isabella Ward—on that night some papers were burnt in the marine store shop, I cannot say how many—Mrs. Simpson was there, she came in and blew the candle out—it was not usual to have a fire in that shop—there had not been a fire there for years, the papers that were burnt were brown papers similar to these before me—I am sure I cannot say how many were burnt, it continued about 20 minutes—Mr. Simpson told me after emptying the nails to make a fire in the back place, and burn the papers—the first time the policeman came, Mr. Simpson told me to go and empty the nails out of the papers, and he told me to go Lambeth-square way—he did not say that in such a tone that the policeman could hear—he turned round to me and said, "Go through Lambethsquare"—I went round to Mr. Palmer's, a plumber, in Lambeth-square—Mrs. Palmer opened the door, and Mr. Palmer came—I asked him to allow me to go through his place, as we could not get in any other way—we got in, and Mr. Palmer drew up the ladder—I began directly to empty out the nails, Mr. Simpson came in and called the boy Henry and the girl, and sent the man from the other shop to help me—the nails had before been on the shelves, and this was the place where they were found—Simpson came in while they were being emptied, but he did not do anything—I was taken up by Hayes on this charge—I was put in the dock, at Lambeth police-court—King I believe was present, Simpson was not there—I did not tell the policeman on that occasion, that I never bought nails of King—I said, "I know nothing about it"—the policeman said he had taken King, and should take me—I told him he had no occasion to take me, I had given him every information he required—King was present when I spoke to Hayes.
Q. Just state what you said to Hayes? A. I told him where the nails were, in the back warehouse, on the left hand—King heard it—he did not say anything—Hayes said he must take me into custody—I said I should tell him all about it.
Cross-examined by MR. LILLEY. Q. How long is it since you first went to Simpson's service? A. About ten years—I have not continued with him to the present time—I have been in his service three times—I left his service through a quarrel the last time previous to this—King was present at this conversation—he was walking up and down, so that he was not likely to hear what was said—he was within a yard—I did not notice how far his walk extended—he might have walked a couple of steps, and turned round again—he did not walk so far as not to hear what was said—it was in West-Minster-road—I will not pledge myself that he did not walk out of hearing—I do not believe he did.
Q. I believe you were spoken to about the nails and knowing King, you denied that you knew him? A. No, I did not; I beg your pardon, I did not deny that I knew King in the first instance—I did not deny that I ever bought nails of him—I told Hayes I knew nothing about it; those were the words I made use of—I walked away, expecting that Hayes would follow me—at that time there were some nails on the counter—I did not point them out to the policeman—it was no use my pointing them out—King came to sell check springs—I had bought springs of him—when I was asked, I said I had bought springs of him—I heard King say that he brought springs to me—I should think it was about three months previous to 29th that I began to
have some suspicion—when I was asked about the matter I said I knew nothing about it.
Cross-examined by MR. BALLANTINE. Q. You are related to this person whom you accuse of receiving goods? A. Yes; he married my sister—she is dead—he has two boys—I am their uncle—they are supported by his business, no doubt—it was my own personal safety that induced me to come forward to destroy my brother-in-law and his children—of course my public spirit would have induced me to meddle—I did it because I was in jeopardy myself—Simpson has never made any charge against me at anytime; I swear that—these are the papers I handed to Biewitt—that was about six weeks before I was under charge—I might have been in danger then, if anything had been discovered—of course I considered myself in danger—that was the reason I handed these papers—I heard of no charge against me—Mr. Simpson never hinted that I had been robbing him—I gave up these I papers because I felt myself in duty bound to do it—I asked Blewitt's advice—he told me to discontinue buying the nails—of course I felt myself in danger—Blewitt is a respectable man, and keeps a toy warehouse, and is a doll manufacturer in Westminster-road—I was given into custody on the Tuesday, by Mr. Green, I believe—Biewitt was not a witness against me; he was there, and these papers were produced; nothing was said about them—Blewitt employed an attorney to defend me—it was the same attorney who is now conducting this prosecution—no one gave evidence against me when Mr. Roberts appeared for me—I was discharged because there was no charge against me—Mr. Roberts put me in the witness box—Mr. Blewitt paid Mr. Roberts, the attorney, who appeared for me—no one appeared against me—a clerk was sitting in the box—no attorney appeared for the prosecutor—Mr. Green was examined against me.
Q. Why did you tell me no witness was examined against you? A. Mr. Green was called forward about the nails—these papers might have been produced; I do not know, I cannot say really—I was given into custody because it was said I was the only male person on the premises; one of the officers said that—when I left Mr. Hayes I understood I should be given into custody—he said, "I must take you into custody when I come down"—I said, "If you do, I will give you every information in my power"—I had told him where the nails were previous to that—Blewitt and I had had no conversation about my being given into custody.
Q. How came Blewitt to be instructing an attorney to appear for yon? A. He found I was given into custody; it was through Mr. Downey that he interfered for me—I have been to Holland since this matter—I have been dealing in leeches—I have not given nails for them—I did not sell any nails, nor take any nails there—when I was there I stayed at Mr. Sherman's, in Amsterdam, and at the London Hotel, in Rotterdam—Simpson has not been ill for the last two years; he has been on business every day, or nearly every I day—he was not laid up—I should say he has been in business nearly every day, I cannot say every day—he has not been where I have been perhaps every day for two years—I do not believe that a medical man has been attending him for two years—I do not know that he has attended him on and off—the ironmongery shop is separate from the other shop—I was only shop-man there—of course, I had the principal management when I was there by myself—I should think he managed the other business when he was well enough.
price of these nails would vary from 2d. to 1s. 1d. a pound—I saw the 11 cwt. of nails in the tubs—I should think the average price of them would be 8d. or 9d. a pound—a person conversant with nails would know that—they were almost all small nails.
Cross-examined by MR. LILLEY. Q. King was in your employ six or seven years? A. Yes; it was his duty to mark all the packages of nails that I have—he might not mark all during the six or seven years—he might mark thousands in a week.
Cross-examined by MR. PARRY. Q. I think, in the first instance, Cocking was charged before the Magistrate? A. Yes; I gave him into custody—the Magistrate asked me the question why I gave him into custody—he was discharged on the first occasion—I am not aware that the attorney that was employed for him by Blewitt went on conducting the prosecution—I am not aware that he acted only on the first occasion—he put him in the witness box—I had not given any instructions to that gentleman—on the second occasion I rather think the same gentleman went on with the prosecution, and examined witnesses—T remember Blewitt being examined on the second occasion, and producing the papers—I think I had not employed this gentleman on the second occasion, but on the third I did—I had not known this gentleman before—I was present when Blewitt was examined—I saw him on the first and second occasions—I had not employed this gentleman, but on the third occasion I did, in consequence of his having been employed before.
MR. COOPER. Q. After Cocking was released, did that gentleman leave the Court? A. I am not certain; my impression is that the proceedings and examination were conducted by Mr. Roberts, but I am not certain.
HENRY THORNTON . In March last I was shop boy to Mr. Cocking. I believed him to be my master—I do not remember the policeman coming to search—I was in the rag shop—I remember getting through the shop door to the warehouse—it was in the evening—I cannot say when it was, there was no light there—I do not know what was done with the light—Cocking was emptying nails on the ground in the back warehouse—I cannot say how long that was before Simpson was taken into custody—there were, besides Cocking, the servant girl and Piatt—Mr. Cocking was in when I went in—I think Mr. Simpson came into the rag shop, and said Mr. Cocking wanted me in the other shop, in consequence of which I went there—Cocking put the nails into two casks, and the servant girl and the man did the same—I knew King by sight; I had seen him at the ironmonger's shop before the shop was altered, when Mr. Cocking had the possession of it—I have seen him there sometimes once a day—he has brought bell springs and something in paper.
Cross-examined by MR. LILLEY. Q. The bell springs were done up in paper? A. I cannot say that they were bell springs, but they looked like it—I did not know what the man's name was—Cocking did not say anything to me about him.
Cross-examined by MR. BALLANTINE. Q. When you saw King, who was be with? A. By himself; I have seen him in the shop with Cocking—the nails were brought into that which is now the rag shop—that is the shop that was the nail shop—while it was the nail shop Cocking managed the business entirely—he had the sole management of the business—Mr. Simpson is ill at present; he has been ailing a goodish while—I cannot say how long there has been a doctor attending him—I do not know whether Cocking knew that Mr. Simpson was not often in the shop—Mr. Cocking paid me my wages—I looked up to him entirely as my master—I know Blewitt; I have often seen
him with Cocking—I cannot say what he used to come about—it was my duty to be at the front door—I have not seen Blewitt take anything away—Cocking once gave me a lamp to take to Blewitt's, and he said if it was asked for to say it was sold.
COURT. Q. When did the alteration of the shops take place? A. I think about three months ago; Mr. Simpson lived at No. 11 before the alteration, and he has lived there since—as long as I have known him he has lived at No. 11—that is now the iron shop; it was before the rag shop—the alteration has been made since he was taken into custody.
EDWARD PLATT . I live in East-street, Lambeth. I have been employed by Simpson at his marine-store shop—I remember going one evening to the warehouse where the nails were—I am not aware that the police bad been at that time—it is about four months ago—Simpson was not taken up before that—Cocking was in that warehouse, and the servant girl—the boy was not there when I went first; be came in afterwards—Cocking asked me to empty some nails out of some paper packets, and we shot them on the floor, and after that I went into the shop, where my work lay—Cocking came to me, and told me to find two casks, strong bottomed, which I did, and I took them into the back warehouse, which is four doors from where I worked, and then the boy and I put some nails into them—I recollect a fire at Mr. Simpson's—I did not hear Mr. Simpson say anything about the fire, or what was burnt—I did not see my master there at all—I saw Cocking burn some brown paper—I did not see any other paper brought by anybody—I had often seen a fire in that place to burn fat papers—the last time was a fortnight or three weeks before the fire took place.
Cross-examined by MR. PARRY. Q. Had you seen Cocking burn papers? A. Yes, brown papers, and I fetched the water for him to put the fire out—I had not been in the service more than three weeks before the fire took place, and that is about three or four months ago.
EDWIN PERRYER . I am a fireman. I recollect going to a fire at Mr. Simpson's, at 5 minutes to 8 o'clock, on 29th March—I went into the shop, and saw a man that resembled Mr. Simpson very much—I looked, and saw some fire in the chimney—by the smell, what had been burning was brown paper—I did not see Mr. Simpson, but the man I did see resembled him very much.
COURT. Q. Look about; do you see that man here? A. Yes; it was Cocking—there was Platt and a female—I did not see anybody else.
Cross-examined by MR. BALLANTINE. Q. Why did you before say you saw Simpson? A. I thought Cocking was Mr. Simpson; I thought he was master of the shop.
ISABELLA LAVINIA WARD . I was servant to Mr. Simpson in March last I recollect helping to take out some nails on the same night that the policeman came—Cocking was there, the man from the other shop, little Harry, and Mrs. Simpson—I was there washing—I was told by Cocking to assist in taking the nails out—there was no light there—Mr. Simpson was not there—I saw him that evening—he did not speak to me that evening—a gentleman asked Simpson the cause of the fire, and he said they had only been burning fat papers—I did not see any fat papers burnt.
Cross-examined by MR. BALLANTINE. Q. Is Mr. Simpson in good health, or bad? A. In poor health, I believe; it unfitted him to attend to his business—when a person inquired of him about the fire, he said he believed it to be the fat papers.
MR. COOPER. Q. Was your master confined to bed? A. No; he was able to walk about—he came down to breakfast, and went to bed at the usual hour.
(Simpson received a good character.)
NOT GUILTY .
WILLIAM LAURIE . I am a tallow melter, at Surrey-place, Old Kent-road. I have a factory in New-row, Rotherhithe, about fourteen feet from the Greenwich railway arch—Mr. Salmon has a store under one of the arches—the store these skins were taken from, is thirty or forty yards from my factory—on 3rd June, I was at my factory—in the course of the evening I saw the prisoner come through the arch with a van load of skins from Mr. Salmon's, through my place—there was no one with him—he turned towards the Jolly Gardeners, which was the proper road to go out—he suddenly stopped and turned round, and looked up the road—he saw an officer standing there, and I thought that was the cause; he turned back, and went up the green lane—the van was loaded with seal skins—I went to Mr. Salmon and asked if he had sent for any.
DANIEL O'LEARY . I am servant to Mr. Horatio John Salmon; he has a store under the arch of the railway. I was at the store on the night of 3rd June; I received information from the last witness—I followed the van right from my place to Whitechapel church—the person who was driving it saw me—I was running alongside it in St. Helena Gardens, and when he saw me he hit the horse with the whip, and drove it in full gallop—I kept sight of him till I came to Mill Pond-bridge—he there turned toward London, and I told the policeman—I saw some of the skins fall from the van—they were seal skins.
HORATIO JOHN SALMON . I have a store under the arch of the railway.—I had some seal skins there—I had not sold any to the prisoner, nor did I authorise him to take any from my place—there is no one in my neighbourhood who has any quantity of seal skins—I have made inquiry and find none.
Prisoner. Q. I wish to know whether they are seal skins? A. We call them seal skin flushings—they are portions of the skins—the skin is split down.
EDWARD GAGE (policeman, M 147). I was on duty, and saw the prisoner driving up Paradise-row—the van was going fast—I took particular notice of the van, and the man who was driving it—I went a little further, and met the last witness—I then ran on—I got into a horse and cart, and followed it to the City—I lost sight of it, but I gave information.
WILLIAM ALEXANDER CORMACK (City-policeman, 619). On 3rd June, in consequence of information, I found the prisoner in Gravel-lane, Houndsditch—he had a van with him—it was about half loaded, and half unloaded—it was standing in the street opposite a marine store shop—I went up to the prisoner, and asked him who the skins belonged to—he said they belonged to Mr. White, and he gave me a card with "White and Co." on it, "83, James-street"—I said I was not satisfied, and required him to come to the station, and to make some inquiries—as we were going he said that a man of the name of Bell came to him at the Roebuck beer shop, and asked him if he could do a job, and he said he could; that he went and got a van, and went to the railway arch and took the skins, and came to London to sell them—these are some of the skins.
Prisoner. Q. Do you know that I was in partnership with Mr. White once? A. I do not.
ROBERT MILLER . I keep a van and let it out to hire. The prisoner hired the van of me on 3rd June, about 7 o'clock in the evening—he hired it for three hours, but did not bring it back till 12—I went to Mr. White, where the prisoner gave his reference, and while I was there the policeman brought the van and the prisoner—Barton was with the prisoner when he hired the van.
Prisoner. Q. You have seen me repeatedly with White? A. Yes.
HENRY BARTON . On the evening of 3rd June, I was waiting at the corner of James-street to get a job—I know the prisoner by sight—he came and called me by name, "Boddy," and said, "A man gave me a job; will you come with me? I can't do it myself"—I said, "I don't mind"—I went with him, and got the van, and drove it almost to the Elephant and Castle—the prisoner and another man got up—the other man I never saw before—they went down to the arches, and the other man said, "Make haste, get the load; it is getting late"—I helped to load the van—the skins were taken from out of an arch—after they were loaded, I came home with the other man—the prisoner drove the van away.
Prisoner. Q. Who showed you which way to drive? A. The other man, who was dressed in a corduroy jacket and moleskin trowsers—I saw him pointing to you, like as if saying that was the way—I saw another man give that man money to pay the toll, 8d., I believe it was—6d. for the toll, and 2d. for a pint of beer.
Prisoner's Defence. Mr. White said he had five vanloads, and he told me to get a van of Mr. Miller; we went and got a van, and paid the toll; I took this load; he said we could take the other to-morrow; I went and delivered the skins; I told the policeman, "That is where you will find me"—I told him where the skins came from, about five arches beyond the St. Helena Gardens; the witness knows that I did not know which way to go; whoever had come to me, I should have gone with him, and done the job.
GUILTY .† Aged 27.— Confined Three Months.
Before Mr. Common Serjeant.
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
THOMAS WINSLADE . I am a baker, in Kew-road, Richmond. On 15th June, O'Donnell came, about half past 10 o'clock in the morning for 1d. twist—he gave me what appeared to be a shilling—I put it into the till, where there was no other shilling—I afterwards heard there was bad money passing—I went and looked in the till, and found the shilling was bad—I put it into my waistcoat pocket—I afterwards took it to the station, and gave it to the policeman.
WILLIAM SELBY EDMED (police sergeant, V 32). I saw the last witness about 11 o'clock that morning, and from what he told me I took him to see a person that was then locked up, but that was not the person who had passed the shilling to him—he gave me this shilling—the two prisoners were afterwards brought in, and I sent for the witness—he identified O'Donnell out of three others.
took the two prisoners at Twickenham, between 2 and 3 o'clock—I found on Franklin this piece of a roll, 5s. 7 3/4 d. in copper money, and 2s. 8d. in silver, all good—I found on O'Donnell 3s. 6d. in good silver, and 5d. in coppers—Mr. Saunders gave me this bag, containing two half crowns and thirteen shillings, all counterfeit—I received these two counterfeit shillings from Miss Tanner.
THOMAS WINSLADE re-examined. This is part of the twist I sold to O'Donnell; I made it myself; I can swear to it by the make of it—I have no mark on it—I know it by the make—I made it that morning, and saw it about 4 o'clock the same day—I firmly believe it is part of the same.
HARRIET JANE TANNER . My father keeps the Black Dog, at Twickenham. On 15th June, about 1 o'clock, O'Donnell came for half a pint of porter—he gave me a shilling—I gave him sixpence, and 5rf.-worth of halfpence—he left the house, and within five minutes Franklin came; he asked for half a pint of beer—he gave me a shilling—I did not give him change, but I opened the till and gave both the shillings to my father—I told Franklin the shilling he gave me was bad—he offered me a good sixpence—these are the two shillings—I put the first shilling in the till—there were some sixpences there, but no other shilling—yes, I recollect there was one other shilling that was an old worn shilling, and the other, being a new one, I noticed it—this is the one given me by O'Donnell—I did not notice what reign it was; I noticed it was a new shilling, and the one in the till was very old, and worn, I could not see any head on it—the shilling I took from Franklin I tried directly, and called my father—Mr. Home was present, but he is not here—Franklin went towards the door—my father said he should not go out, he would fetch a policeman.
Franklin. Q. How can you tell the shilling I gave you? A. I kept it in my hand and gave it to my father; this is it; I bent it in the detector.
JAMES TANNER . I am father of the last witness—my daughter called me on 15th June—one of my customers was there, and Franklin was standing at my bar door, taking half a pint of porter—my daughter told me that a party had been there and given a bad shilling before—she gave me the one that Franklin gave her, and the other also, and I found they were both bad—I told Franklin he should not leave my place, and I sent for the policeman—while I was talking to Franklin I saw O'Donnell at my back entrance door, looking in—he went away—I kept the two shillings in my hand—I did not lose sight of them—I gave them to the officer.
Franklin. Q. You did not let them go out of your sight? A. They were out of my sight so far as placing them on the mantel-shelf, till the policeman came—they were never out of my possession—I did not give them to any females.
COURT. Q. Your daughter gave them to you,—what did you do with them? A. For a while I put them on the mantel-shelf—I then left the place, to go for a policeman—I was away, perhaps, a quarter of an hour—the bar-door was locked—when I returned I found the shillings in the same place—these are the two shillings—I observed the bend that my daughter gave this shilling before I put them on the mantel-shelf—I know these are the same.
HARRIET TANNER . I am the wife of the last witness. I recollect his putting some bad money on the mantel-piece—he showed me the money in his own hand—I remained there; no one interfered with the money till my husband returned—no one entered the room.
On 15th June I was passing Mr. Tanner's, and he told me something about Franklin; he said, "This pretty vagabond has been passing a bad shilling"—I said, "Take care of him"—I went on towards my own house about seventy yards, and I saw O'Donnell leaning against the brickwork of my house—I took particular notice of him, and am quite sure he is the person—I looked hard at him—he moved away shortly after, but I did not lose sight of him at all—he moved towards Mr. Tanner's, and he got to an angle, and turned and came towards me again: and as he came he drew from his pocket a bag, and threw it in a little garden, which has an open railing—he dropped it very shortly through the railing, and came towards my house—I went and laid hold of him, and said, "You are the kiddy I want, come here"—he said I was a b—y liar—I kept him till Parker came, and gave him into custody—I saw Mr. Saunders; I told him what had happened, and pointed to the place in the railings—he picked up the bag just where I told him—I saw it opened—it contained thirteen bad shillings, and two bad half crowns.
Franklin. Q. Did you not have the two shillings in your hand? A. No; I had not.
O'Donnell. Q. Did you not have me in the passage? A. No; I stayed and saw Mr. Saunders pick up the bag when the police sergeant had got you in custody.
HENRY SAUNDERS . I am a pawnbroker, at Twickenham. I went to Mr. Collingbourne's, and found O'Donnell there, being detained; and in consequence of what Mr. Collingbourne told me, I went to a little garden with about a foot of brickwork, and some iron rails above it—I found a bag with coin in it close to the wall—there were thirteen bad shillings in it, and two bad half-crowns; I marked them—these are them—they were nearly all in separate papers—two or three in some papers—I held the bag in my hand for better than an hour—I marked the money in the presence of the officer, and gave it to him—both the prisoners tried to get the bag while I was showing it to the officer—they broke the leg of the table, and tried to get it—they made a dash at it—I am certain O'Donnell made a snatch at the bag.
O'Donnell. Q. How long were you in coming from Collingbourne's house to the Black Dog? A. Not above a minute—I bad the bag in the Black Dog for an hour.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. These two shillings uttered by O'Donnell are counterfeit, and from the same mould—this uttered by Franklin is counterfeit—these two half crowns are also counterfeit, and from the same mould—five of the shillings in the bag are from the same mould as the two uttered by O'Donnell; and five are from the same mould as the shilling uttered by Franklin—the others are also counterfeit.
O'Donnell's Defence. The day before X had some fly cages to sell, and took the money.
Franklin's Defence. I took the shilling for a fire ornament in a public house; I did not know it was bad.
O'DONNELL— GUILTY . Aged 18.
FRANKLIN— GUILTY . Aged 22. Confined Twelve Months.
MESSRS. SCRIVEN and POLAND conducted the Prosecution.
gave his name as Hunt—the prisoner asked for half a quartern of gin—I served him, and he paid me with a half crown—I put it into the till—there was no other half crown there—I gave 2s. 4d. change—they drank the gin and went away—in less than two minutes afterwards I looked at the half crown again, and discovered it was a bad one—I ran after the two men to see if I could find them, but I was too late—I put the half crown on a high shelf in the bar by itself—on 23rd June the prisoner came again with Hunt—one of them asked for 1 1/2 d.-worth of gin, and the other for 1 1/2 d.-worth of spruce—the prisoner gave me a good half crown into my hand—I turned round to get change, and he said, "Stop! I think I have got halfpence enough, without changing"—he put his hand into his pocket and produced 2 1/2 d.—he said to his companion, "Have you got a halfpenny?"—his companion said he had not—the prisoner then said, "You must give me change" (I had given him his half crown back)—he then put down a bad half crown—the moment he put it on the counter I saw it was a bad one—I put it into the detector and broke a piece out of it—I said, "This won't do; you have not done this clean: I shall keep this"—Hunt then put down a halfpenny along with the 2 1/2 d.—they walked out quickly, leaving the bad half crown and the 3d. with me—I ran after them and took hold of the prisoner; I brought him back to my bar—I sent my man after Hunt, he brought him back, and I gave them both into custody—I gave the two half crowns to the officer—these are them.
Cross-examined by MR. O'BRIEN. Q. There was no other half crown in the till when you put the first in? A. No; I did not mark it when I took it out—I applied the detector to it when I discovered it was bad, and left it on a high shelf—my wife and daughter serve in my bar, and my son occasionally—I have a potman, but he is never allowed to serve in the bar—I do not recollect that I saw that half crown once between the 11th and 23rd—I had not seen the prisoner before he came on the 11th—when the men went away leaving the half crown with me, I had broken it, and I said I would keep it—I scarcely lost sight of the prisoner for a moment while he turned the corner till I brought him back—the other man was brought back immediately after.
Cross-examined. Q. Did you search the prisoner? A. Yes, and found nothing on him.
GUILTY . Aged 27.— Confined Six Months
ADJOURNED TO MONDAY, AUGUST 16TH, 1852.