CENTRAL CRIMINAL COURT.
HUNTER, MAYOR. TENTH 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, August 16th, 1852.
PRESENT—The Right Hon. the Lord Mayor; Mr. RECORDER; Mr. Ald. SIDNEY; Mr. Ald. MOON; Sir ROBERT WALTER CARDEN, Knt., Ald.; and Mr. Ald. Wire.
Before Mr. Recorder and the First Jury.
NOT GUILTY .
SMITH pleaded GUILTY .—Aged 30.
CURTIS pleaded GUILTY .—Aged 33.
Confined Nine Months.
GUILTY . Aged 26.— Confined Four Months.
GUILTY . Aged 22.— Confined Two Months.
GUILTY . Aged 24.— Confined Six Months.
WILLIAM AUSTIN ANSTEE . I am a butcher, living at Highgate. The prisoner was in my service as a journeyman, from Christmas last—he used to take out meat and receive money from my customers—it was his duty to give the money he received to myself or my wife, the same day, when he returned from the customer—I have a customer of the name of Goodwin—in July last he owed me 4s. 7d.—I have never received that from the prisoner—I have also a customer named Howell, who owed me 9s. 10 1/2 d.—I have never
received that from the prisoner—he left my service on the same day he received the money; he received both sums on the same day—he ought to have given me a week's notice—he left without giving any—I gave information to the police, and he was taken at Barnet.
JOHN GOODWIN . I live at Highgate, and deal with Mr. Anstee. On 5th or 6th July I paid the prisoner 4s. 7d.—I do not remember which day it was—it was money due to Mr. Anstee—a little ticket was produced—this is it (produced)—he receipted it at the same time—here are two bills, one is for 2s. 2d. and the other for 2s. 5d.; he receipted them both—I do not think he put his name, he wrote on them—I lent him a pencil to do it with—here is the pencil mark, but it is nearly rubbed out.
Prisoner. I did not deliver these bills to him, nor did I bring him any meat that day. Witness. I am sure he delivered one of them—I cannot say whether I paid him the day he left it, but I know I did pay him for the two.
MARY ANN BARNARD . I am servant to Mr. George Howell, of Finchleycommon; he deals with Mr. Anstee. On 6th July the prisoner brought some meat to my master's house—there was 9s. 10 1/2 d. owing—I gave him a sovereign to bring the change back, and I gave him the book to receipt—he took away the book and sovereign—he never brought back the change.
Prisoner's Defence. It was not my intention to defraud Mr. Anstee, but I met with two or three men, butchers, and had a glass of ale with one and another till I got rather excited, and did not know what I was about; after I found out my error I sent the money back to Mr. Anstee to recompense him; This is my first offence; I have a wife and two children; I was coming back to Highgate when I was taken.
WILLIAM AUSTIN ANSTEE re-examined. He did not send back the money until he was in charge—his mother offered to pay the money—he went away on the Tuesday and was taken on the Friday—he bore a very good character before this.
GUILTY.—Recommended to mercy by the Jury and the Prosecutor. — Confined One Month.
NEW COURT.—Monday, August 16th, 1852.
PRESENT—Mr. Ald. WIRE; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Fifth Jury.
WILLIAM JESSE DUNMORE . I am the brother of George Dunmore, the younger. On Saturday morning, 15th July, 1849, about 5 o'clock, I went with him to Plumstead marshes, and all the way I was persuading him not to go to fight—when we got there, I found the prisoner, and Scotcher, and two others—there was a fight with my brother and Scotcher, which lasted about thirty-five minutes—the prisoner was acting as second—my brother had a fall, I believe, rather than a blow—he could not get up—I got a cart from Mr. Foster, and took him home to his parents—he lived till about 12 o'clock that morning.
Prisoner. Q. You took out a sovereign, and offered to back your brother? A. No; I did not run away after my brother was dead—he was not dead—I did not run away—I fetched a cart—I did not take out a sovereign.
COURT. Q. Did the prisoner do anything to try to stop the fight? A. No; he was seconding the man—I was trying to prevent my brother going.
Prisoner. I wanted them to leave off, and not fight about two girls, and
you proposed to fight it out at 5 o'clock in the morning. Did you not make that proposal? Witness. I did not.
ROBERT WEBB . I am a surgeon. I was called to see the man on the Sunday morning, between 10 and 11 o'clock—he was dying—he died within an hour—the cause of his death was the rupture of a vessel on the brain—I made a post-mortem examination, and found a fracture of the skull.
Prisoner's Defence. I wanted him not to fight at all, but he said, "As I have begun it, I shall go through it"; I said, "I shall have nothing to do with it"; I went the same as anybody else to see the fight.
GUILTY . Aged 26.— Confined One Month.
MR. ROBINSON conducted the Prosecution.
MARK SANDERS . I live at 36, Crown-street, Finsbury, and am a dentist On 17th June, I was in the King's Arms, in Bishopsgate-street, between 12 and 1 o'clock—I saw the prisoner there—I had seen him before, at the Exhibition time, fifteen months ago—I had perhaps seen him once or twice since, in the same house—when I saw him on 17th Jane, he asked me to play at bagatelle—I said, "I can't play bagatelle"—I said I had got only 5d. in my pocket—I lost 4d., and said I bad got no more money—the prisoner came to me, felt my pocket, and said I had got more money—he took my watch—I was afraid he would break my guard—he took my watch and guard—I know no more—he went away—I never saw him any more—this is my watch, it cost 17l—it was a watch from my father.
Cross-examined by MR. PARRY. Q. How often bad you seen this mail before? A. I see many people in public-houses—I cannot play bagatelle—I played that day for a pot of beer—I go for my business—I played only one game—I had got no more money—I did not take the watch myself out of my pocket—I never gave liberty to anybody to do so—I said, "You will break my guard"—he took it and put it in his pocket—the watch was in the pocket, and the key through the buttonhole—he came to me—he said, "Will you play more?"—he said, "You have got money"—he took the watch, and I said, "You will break my guard"—I took the key out of the buttonhole—I cannot tell how long he remained after he got my watch—he was gone—I saw nothing of him—there were two persons in the room, and me and the prisoner—I cannot say how long I remained in the house after the prisoner left—I was there a long time—I cannot tell how long, I did not write it on paper—it was a long time, that is all I know—the prisoner never lent me any money in my life, not a farthing—I am a stranger—I go into many public-houses—I go to that public-house sometimes—when I have a glass of ale I pay for it—I am a stranger in this country—I never played bagatelle twice in ray life—I think I had not played bagatelle at the King's Arms before 17th June—I am not a scholar—I am a scholar in my business.
Q. Have you not been in the habit of playing bagatelle there several times, almost weekly? A. No, sir; no, sir; a mistake, my good sir—I played bagatelle there for a pot of beer—I have taken out corns for 5s.—I took corns out at the King's Arms for the waiter—he paid me 5s.
JOHN LEONARD (City-policeman, 621). I was in the King's Arms on 17th June—I was in plain clothes—I saw the prosecutor and the prisoner there—I had met ray mate, and asked him to go in and have half a pint of
beer—the prisoner proposed that the prosecutor and my brother officer should play bagatelle, and they played for a pot of half and half—the prisoner and I played together, and the prosecutor and the other officer—the prisoner is a good player—the prosecutor put down a 4d.-piece, and said he had got no more money, only a penny—the prisoner said, "Nonsense, you must have more"—and he took his watch out of his pocket—he felt deliberately if he had got any money; and he took the watch—the prosecutor undid hit waistcoat, and let the watch go; and the prisoner took the watch and put it in his pocket; and put the chain through his button-hole—two or three other gentlemen came in, and he went out—he took the watch in a larking way; if he had not, I would have interfered.
Cross-examined. Q. Your mate was in uniform, and played in uniform? A. Yes; the prisoner had his coat off—he played with me, only one game—he came across, and laid hold of the prosecutor's watch—Mr. Sanders loosed the chain, and the prisoner took it—I believe he said, "Don't break the chain"—when the prisoner had taken it, he came and sat down by my aide—he said, "We will keep score while the other two play"—the prosecutor had another game with my mate, to see who should pay for the pot—the prisoner sat about ten minutes; he waited on customers who came in during the time—I know the prisoner as waiting there—I have been in the house sometimes—I believe the prisoner is brother-in-law, or related to the landlord—I think I have known him there, off and on, for four years—my reason for not interfering was, I thought the prisoner and the prosecutor were joking together—I thought they were intimate together—I had never seen the prosecutor there before—I did not properly understand the prosecutor—he and the prisoner appeared to be friendly.
JOHN ENRIGHT (City-policeman, 647). I was with the last witness on 17th June, at the King's Arms—I went in the bagatelle-room, where I found the prisoner and Mr. Saunders—I was in uniform, but was off duty—I played bagatelle with the prisoner—he was in his shirt-sleeves, waiting on the customers in the parlour—I believe he is brother-in-law to Mr. Scales, the landlord—the prisoner wanted the prosecutor to play on; and he said he had no more money—I saw the prisoner go over to the prosecutor: he said, to him, "Oh, nonsense! you must have more money"—I think it was in a joking manner—he put his hand in his pocket and brought his watch out—Mr. Sanders said, "Take care, don't break my chain"—I saw Mr. Saunders loose the button of his waistcoat, and let the key run through it—I believe the prisoner remained in the room from ten minutes to a quarter of an hour—I did not interfere when I saw the watch taken, because I considered they were so familiar that they knew one another previously—the prisoner went out after that, and we did not see him come back.
JOSEPH MARSHALL . I am assistant to Mr. Attenborough, a pawnbroker, in Crown-street. I produce this watch, chain, and key, pawned at our shop on 17th June, for 3l. 10s.—I took the pledge in, I think, between 12 and 1 o'clock—it was pawned by a female in the name of Mrs. Anne Watson—she was alone—this is the duplicate I gave—in about ten minutes afterwards I saw some one come to our door, who I believe was the prisoner—he asked me if I had taken in a gold watch and guard, which had been pledged at our place—I asked him why—he said, "If you have, it is all right, I sent the party with it"—I said, she had been gone about ten minutes—he did not ask me.
Cross-examined. Q. That watch has been redeemed from you? A. No; it has never been taken out of my possession—the amount I lent on it was
paid me, I believe, on the same evening, between 6 and 7 o'clock—I have not lost anything by this transaction.
COURT. Q. Who paid it? A. Mr. Scales; he said we should lose nothing by it—I know the King's Arms; it is two or three hundred yards from us.
WILLIAM HALL (City-policeman, 668). I took the prisoner about 8 o'clock in the morning of Friday, 28th June, at his apartment in Hoxton Old Town—I told him he was charged with stealing a gold watch and chain from a person named Sanders, in the King's Arms—he said Mr. Sanders gave him the watch, saying, "Here, Mr. Wilson, is my watch and chain at your pleasure;" and he afterwards said he should like such a customer every day—he said Mr. Sanders had owed him 2l. 10s., but he did not then—he said he had pawned it and spent the money—he gave me this duplicate—I took him to the station, and found on him 2s. 8 1/2 d., a knife, a pencil, and two betting-cards.
(The prisoner received a good character.)
NOT GUILTY .
GUILTY . Aged 20.— Confined One Month.
GUILTY .** Aged 14.— Transported for Seven Years.
GUILTY . Aged 20.— Confined Six Months.
MR. CLARKSON conducted the Prosecution.
JOSEPH WILLIAMS , Esq. I am a barrister, at 7, New Square, Lincoln's Inn. The prisoner came to my chambers on 29th June—he asked me if my clerk was in—I said he was gone out for a short time, but would be in shortly—he said he came from Messrs. Davis's respecting a fee of 3l., and an extra fee on account of difficulties respecting certain papers—he did not say he came to pay it—he said his call was respecting this fee; and he said he was quite sure Messrs. Davis would pay it—I expressed my regret that they should have the trouble to send about it—while we were talking, the clerk, Mr. Marsh, came in—I accordingly left the clerk's room, to which I had gone, and went into my room—I rather thought I should see the fee come after, but it did not—the prisoner certainly did not pay me—I did not receive from my clerk any account for the purpose of my clerk signing it—the clerk came in, and I left it to him to attend to it.
Prisoner. Q. I believe this 3l. 5s. 6d. was made up of two fees? A. Yes, that was it; you said Mr. Davis was a perfectly honourable person—I think you produced the bill—this is it.
JAMES DAVIS . I have one partner, ray brother Thomas; we are solicitors, and live at 25, Coleman-street. The prisoner was in our employ, as clerk, in June—he had been so since the 10th or 12th of April—I am a client of Mr. Williams'—on 29th June I gave the prisoner this account, with 3l. 10s. In gold, to pay it—the amount is 3l. 5s. 6d.—he was going to the westward—I saw him on his return, about 2 or 3 o'clock in the afternoon, he then told
me he had paid Mr. Williams himself the 3l. 5s. 6d., and he gave me 4s. 6d. change—he told me he had left the account with Mr. Williams to be receipted, and that Mr. Williams never receipted accounts himself—he said I should have it the next day—I did not have it—the last day the prisoner was in my employ was on 1st July—he went out on business, and I did not see him afterwards till 7th July—I had no notion whatever of his leaving my employ—on 20th July, after he had been before the Magistrate, I found this account amongst the papers of a suit in Chancery, which no doubt the prisoner had had occasion to use—on 7th July I heard he was in the lower part of the house, and I went down, and found him in the passage—he complained of my having spoken harshly to him, and I accused him of what I termed embezzlement—he stated that he had lost two sovereigns of the money, and he meant to make it good—I sent for an officer, and gave him in charge.
Prisoner. Q. There is no other office there? A. Our rooms are the only offices that are occupied; I have no recollection that you offered any explanation, or said that you came to explain—you did say you had come to make up your account, but you had no account to make up—I keep a cash-book—if I gave you money to pay, it was your duty to enter it in the cash-book, but that only applied to petty amounts—this was a transaction by itself.
COURT. Q. Was it his duty to enter in the book what he paid? A. Either myself or the clerk enter those amounts, but these sums are generally a few shillings—when it is a large amount I make it a transaction by itself—I always supply the clerks with money for the small sums—they are never called to pay money out of their own pockets.
Prisoner. Q. You say it was only usual to enter small sums in this book; I see here is an entry of 1l. 15s., and I believe there are others as large? A. There might be instances of that; you never had any notice from me to quit, nor I from you—I inquired about the key of your desk—I do not know that I knew about the 3l. 5s. 6d. then—I am quite clear that you said you had left the bill—I have no doubt I could have found where you were, from the information of the clerks—I do not recollect anything about your saying you had come to explain.
MR. CLARKSON. Q. Did he say on 29th June that he had lost the money? A. No; he stated that he had left the money with Mr. Williams himself, and this entry in the cash-book I made myself at the very period of his making that statement to me—I had not the least notion of his being about to leave me—he was employed in some Chancery suits, that required daily attention—I knew that he lived in the neighbourhood of Goswell-street, but his direct address I was not acquainted with—my clerks knew it.
JOHN MARSH . I am clerk to Mr. Williams. I remember coming in on 29th June, when the prisoner was there—my master went into his own room, and left me with the prisoner—he produced an account to me of some office fees that had been made before, and some extra fees that had been omitted, and he asked me if I would give him an account of the fees that were then due—he said Messrs. Davis were very good ones to pay fees, and he would bring them up in a few days—he did not say he had lost the money, or had got the money; nothing of the kind—I gave him the account of the remaining fees, and he left the office, taking the account away with him—he did not leave it with me to put the receipt to it.
Prisoner's Defence. It is very true what is stated by Mr. Davis and Mr. Williams; the fact is, having other business to do, it was my custom to put down the daily work on a slip of paper, which I carried in my waistcoat
pocket; I changed the half-sovereign, and the three sovereigns I wrapped up in my daily list, and put it into my waistcoat pocket, and, going to other places, I must have dropped the money; Mr. Davis knows how difficult it is for a clerk to state to his employer the fact of a loss; I told him I had paid it, but I had lost it; how it was I cannot say; I did not go to the office again till I had used my utmost exertions to make the money up, but, not having done so, I went for the express purpose of telling him the fact; if I had absconded it would have been a different thing, but I never kept out of the way; he knew where to find me; I could have had a good character from a gentleman with whom I lived seven years, but he is dead; and my late employer, with whom I lived four years, is in Brussels; I only regret my error in having stated that I had paid it, but I did it hoping to make it up; if I had stated that I had lost it, it would not have been credited.
GUILTY. Aged 49.—Recommended to mercy by the Prosecutor and Jury. — Confined Six Months.
MR. CLARKSON conducted the Prosecution.
MARY YOUNG . I live in James-street, Oxford-street, and am a draper. I was a customer of Messrs. Leaf and Co., in the Old Change. On 8th July I purchased goods of them, amounting to 4l. 10s. 1d.—they were delivered to me on the following day, the 9th, by the prisoner—I paid him 4l. 10s. 1d.—he signed the memorandum at the foot of the invoice—this is it.
LEWIS ENSOLL . I am a draper, and live at No. 97 and 98, Great Tichfield-street—I am a customer of Leaf and Co.—on the 8th of July I bought goods amounting to 8l. 7s. 10d.—they were delivered the following day—I afterwards purchased other goods, amounting to 17l. 8s. 8d.—they were delivered at the lame time with the others—I paid the prisoner 22l. 9s.—he gave me this stamped receipt for the money.
WILLIAM SELF . I am a clerk, in the house of Messrs. Leaf and Co.—this is the book the prisoner had of moneys received—I received the moneys accounted for the 10th of July—he did not account for this 4l. 10s. 1d. nor the 22l. 9s.
WILLIAM GLASSBROOK DRAPER . I am clerk to Mr. William Leaf, and several other partners. The prisoner was in their employ for many years as porter and carman—it was his duty to deliver goods to customers, and receive money, and it was his business to account on the following morning for what he had received—if he received on 9th of July from Messrs. Young, 4l. 10s. 1d., and if he received 22l. 9s. from Mr. Ensoll, it as his duty to account for them the next day—he has not accounted to me for those sums—it was his duty to enter them in this book, and to account to the last witness, or some other clerk—the prisoner was discharged on 12th of June, but not for these matters, they were not known.
Cross-examined by MR. BALLANTINE. Q. He had been in your employ from a child? A. Yes; from quite a boy—he was called on to account, and he stated he had lost about 40l. from a hole in his pocket, about a month previous, and that he bad applied these moneys from time to time to make up the deficiency.
GUILTY . Aged 23,— Confined Twelve Months.
NOT GUILTY .
HENRY PEARCE . On Saturday night, 31st of July, I was on the canal bridge, at Uxbridge—I laid my head down, and went to sleep—I had a half crown, a sixpence, and three penny pieces in a tobacco-box, in my left hand pocket—I awoke, but I did not miss anything till I had got thirty yards beyond Mr. Roadknight's house—I then told my friend that I had lost my tobacco-box—he said he had no doubt but Bet (the prisoner) had it—I went back to her, and said, "You have got a tobacco-box"—she said, "Yes"—I asked to look at it, and said it was mine—she said Tom Dean gave it her.
Prisoner. He was coming along very tipsy; the tobacco-box fell out of hit pocket, and I took it up. Witness. When she gave me the box the half crown was gone—I said, "Where is the half crown?" she said she did not know.
WILLIAM DOWSON . I was standing by the last witness—I saw him asleep —the prisoner was shaking him, and trying to wake him—I awoke him, and said, "Come home"—he came on, and the prisoner came with us—after we got off the bridge, there was a tobacco-box fell—I said, "What is that?"—there was no answer, but the prisoner took up the box, and put it in her bosom—when he got about thirty yards further he said he had lost his tobacco-box—I said, I saw the prisoner with it—he went back; she gave it him, and said Tom Dean gave it her.
Prisoner. The prosecutor said, "Have you got a tobacco-box?" I said, "Yes"; I pulled it out of my bosom, and gave it him; he took it and opened it, but he did not say he had lost anything out of it.
RICHARD ROADKNIGHT (police-sergeant, T 11). I took the prisoner on 9th Aug.—I went after her but she was not at her lodgings—I traced her ten or a dozen miles from there, and took her at Uxbridge, at her house, after she came back—I told her the charge; she said a person gave her the box, and she had pawned her frock to send the half crown back.
Prisoner's Defence. I was at home on Friday morning, and be sent for me to the field, and he said, "I lost half a crown out of my tobacco-box;" I said it was a hard case to make up what I never had, but sooner than I would get into a bother, I would give him the half crown; and my grandmother went and made away with one of my dresses, and gave him the half crown.
NOT GUILTY .
777. PATRICK BRIAN, JOHN GRAHAM , and JOHN JONES , stealing 1 telescope; the goods of Thomas Lazenby: and 1 coat, and other goods, value 13l. 12s., of Frederick Bouch, in a vessel on the Thames: Graham having been before convicted.
DAVID GIBBONS (Thames-police inspector). On Wednesday morning, 4th Aug., I saw the prisoners in a skiff, lying under the head of the brig Patriot—I ordered my men to pull after them—they tried to get away, and pulled to the south side—Brian pulled as hard as ever he could, but we overtook them just as they got to the shore—I found in their boat this coat, gown, and waistcoat, three handkerchiefs, and this telescope—the prisoners asked me what I was going to do with them—I said to take them to Wapping to lock them up—in going along, Brian threw something in the water, which I thought was a watch, or a purse—I said to him, "You have thrown a watch overboard?"—he said, "No, it was a piece of paper."
Brian. I said it was a bit of paper I took the tobacco out of. Witness. I found on Jones two half crowns, and 9d. in copper.
FREDERICK BOUCH . I am captain of the Patriot, which is lying off the Tower. On 3rd Aug. I had this watch, belonging to the last witness—I left it in the state room at half past 11 o'clock at night—I missed it in the morning of 4th Aug.—I missed also my coat and waistcoat, and my wife's dress, and a pocket handkerchief, and this purse with four shillings and two half crowns in it—they took the purse out of my trowsers pocket—they did not take the trowsers—these are the articles (produced) they were all safe at half past 11 the night before.
Brian. We went to Gravesend, and left there at 8 o'clock; we travelled all night; we saw three men, and asked them to take us across the water as we were tired of walking; we went, and they were singing out, "Hurrah!" we rowed off, and the police took us.
CHARLES FRAZER (Thames-police, 73). I produce a certificate of Graham's former conviction at this Court—(read: Convicted 18th Aug. 1851, for stealing three shirts in a vessel; confined six months)—he is the person.
BRIAN— GUILTY . ** Aged 18.
GRAHAM— GUILTY . Aged 19.
Confined Twelve Months.
JONES— GUILTY . Aged 26.— Confined Six Months.
OLD COURT, Tuesday, August 17th, 1852.
PRESENT—Mr. RECORDER; Mr. Ald. SIDNEY; Mr. Ald. MOON; Sir ROBERT WALTER CARDEN, Knt., Ald.; and Mr. Ald. CUBITT.
Before Mr. Recorder and the Second Jury.
GUILTY .* Aged 22.— Transported for Seven Years.
MESSRS. PARRY and METCALFE conducted the Prosecution.
MR. HENRY VERRALL . I am clerk to the Magistrates, at Brighton. I remember the defendant, Mr. Sill, attending before the Magistrates there, on several occasions—I saw him there on 8th March—there had previously been several hearings of the case of Staven and Broome—the charge against them was, obtaining money and bills from Mr. Hamp under false pretences, and for cheating at cards—I did not take any note of what Mr. Sill said on 8th March; I can speak from my memory—he applied to the Magistrates that they would sanction his withdrawing from the prosecution, and that Mr. Chase's recognizance, who had been bound over to prosecute, subsequently to Mr. Hamp being bound over, might be considered to be discharged—his grounds for making the application were, that Mr. Hamp had made an
affidavit in the matter relative to Mr. Sill's bill of costs, in which he, Mr. Hamp, swore directly opposite to the evidence which he had given before the Magistrates in his deposition; and that another witness, Sherman, I believe, had also made some affidavit, or statement, contrary to what he had sworn before the Magistrate; under these circumstances little reliance could be placed upon them, and he desired to withdraw from the prosecution—there was a great deal said on the subject, but I cannot charge my memory with any thing more—the Magistrates retired, and after some consideration returned, and told Mr. Sill that, as he desired to withdraw from the prosecution, they no longer considered him as the solicitor for the prosecution—that was followed by Mr. Sill saying that he hoped he had the approval of the Magistrates in the course he had pursued—the Chairman replied, "We give no opinion upon that, Mr. Sill;" and that closed the proceedings—Mr. Sill never appeared as solicitor for the prosecution after that—the Magistrates had previously bound over the superintendent of police to prosecute—I was afterwards instructed by the Magistrates to carry on the prosecution—I did so, and Staven and James were tried and convicted—the proceedings were against John Broome, Charles Staven, and John James—James and Staven were convicted, John Broome did not appear—that is, he did not appear to answer the indictment; he was there, but was not tried—Mr. Hamp and Sherman were examined as witnesses for the prosecution, on the trial of that indictment—Mr. Hamp was subpœnaed because he did not appear at the first assizes, and his recognizances were estreated; but Sherman having appeared at the first assizes his recognizances were enlarged.
HENRY BROOME . I reside at 102, Lisson-grove. I was, a short time ago, proprietor of the Opera tavern, in the Haymarket—I am also the champion of England—I remember a young gentleman of the name of Hamp lodging at my brother's, John Broome's, in Air-street, Piccadilly—I remember their going to the Brighton races last year—after that there was a charge made against my brother John, with Staven and James, of cheating Mr. Hamp at cards—I was not at Brighton at the time—I first heard of the charge on 23rd Aug.—I know the defendant—I had never known him before the charge was made against my brother—I first saw him, to speak to him, on 6th March, at an oyster house in the Strand—(I attended at the Spring Assizes at Lewes—I saw Mr. Sill there then, but that was after 6th March)—I was at the Coal-hole tavern, in the Strand, and was sent for—a friend, or relation, of the proprietor of the Coal-hole came for me, and I went to Mr. Price's oyster shop, in the Strand—it must have been about 11 o'clock at night, it was Saturday night—I saw Mr. Sill there—he shook hands with me, and said he had been anxious to speak to me for some time—we had several glasses of grog together in the oyster shop; I paid for the greater part of it—Mr. Sill then proposed going to my house, as he could not speak before so many persons—in consequence of that I ordered a cab, and went with Mr. Sill to the Opera tavern—it was near 12, or it might be a little after when we got there: we went into the bar-parlour, my wife was there—she left the room, and when we were alone Mr. Sill said it was he that had carried out this prosecution against my brother; and he also said that he had seen the Secretary of State on the subject, and he had told him that if my brother was convicted he would be transported—he said it was impossible for him to escape, as he had drawn an indictment with thirteen counts, and he could not get through it—our conversation lasted till 5 in the morning—he said there was just time enough to save my brother, and he could do it; and he also said that he must have for doing it at least 300l.—he said he would give me till 2 o'clock on the same
day, being Sunday, to get the money together—it was then getting on for 5—he then left, saying he should be there at 2, and I must get the money ready.
Q. When he told you that he had seen the Secretary of State, and that he had told him that your brother would be transported, and so on, did you believe that statement? A. I did—I understood from him that he was the attorney for the prosecution—he called again at 2 o'clock—he then repeated his conversation about what power he had with the Secretary of State, and he said, "I have even changed the prosecutor from Mr. Hamp to a Mr. Chase, and that I did through the Secretary of State"—I believed that statement at the time—there was a newspaper lying there at the time, and there was a paragraph in it to that effect, about changing the prosecutor—I believe there was a copy of a letter published, and his name signed at the bottom, where he made an application—I gave the money he asked, and a little more—I gave him these two bills of exchange (producing them)—they have my endorsement and my brother's—they are drawn by John Hamp, Mr. Hamp's brother—they are for 120l. each, one at three months, and the other at four months—they are promissory notes, drawn on French stamps; they were drawn at Boulogne—I saw them drawn—when he had got the bills, he said he must have some money—I gave him a 10l.-note, two 5l.-notes, and a check for 20l. on Taylor and Lloyd, of Birmingham; that was not my own check—about an hour afterwards he said, in looking at the stamps of the bills which I had given him, that there would be some difficulty in getting them discounted; and he said, "You must give me another bill for 240l., drawn by you, and accepted by your brother"—this was at the same interview; he did not leave the house before I did it—I told him there was no bill stamp to be got that day, being Sunday—he said, "Well, you must go and get me one"—I managed to get one, and the body of the bill was drawn by the party I got it from; I told him what it was for when he was drawing it—I have the bill here (producing it)—it is for 240l. dated 6th March at four months—this endorsement "Henry Broome" is my signature, and this "Accepted, John Broome," is my brother's—I handed this bill to Mr. Sill—he did not return me the two French bills when I gave him this—a Mr. Genesse drew the bill—he is here—he did not leave upon my handing him that bill, he staid till 11 o'clock at night; he dined and drank there at my expense—when he had the three bills he told me to put my name to them—I told him I could not think of putting my name to them; in fact, I was not in a position to pay them; and further, I said I was a bankrupt, and it would not do for me—(I was at that time a bankrupt)—Mr. Sill said, "There is no harm in it; you will take my word as a good bankruptcy lawyer, you will get in no difficulty with it"—I eventually put my name on the bills—at 11, Mr. Sill left with the bills and money; it was arranged that he was to sleep at Dubourg's, in the Haymarket, and I was to go there for him next morning at half past 9—I went to Dubourg's at half past 9 next morning (Monday, 8th March)—he had said on the Sunday that be would go down to Brighton and get Mr. Chase released from his recognisances, and set aside the prosecution, and he was sure the Secretary of State would not interfere with it if he did not—it was arranged that I was to go with him to Brighton—I took a telegraphic message, written by Mr. Sill—it was to the Brighton Magistrates, telling them that he should be down by the 12 o'clock train—I went down by the 12 o'clock train—Mr. Sill went with me—he went before the Magistrates—he asked to speak to them, and the Magistrates ordered the court to be cleared—I was not present when he made the application, nor when the Magistrates returned, and did not hear what he said—I have seen Mr. Sill
very frequently since 8th March—I came back the same night with him to London—he came to my house that night, at 9 or 10 o'clock, with a gentleman of the name of M'Murray, from one of the newspapers—between 8th March and 13th April, Mr. Sill asked me for money several times—I was down at the Spring Assizes—he was there—he has had money from me several times—the amounts varied—he had as much as 20l. one day—the last money he had of me was 20l.—it went through my brother's hands to him—that was to go down to Hereford, to get Mr. William Hamp and Mr; Proberte, the clergyman, and Mr. Prichard, his guardian, to make affidavits to remove the venue from Brighton to London—that was on 13th March, before the Spring Assizes—he sent a letter from Hereford on 13th March—I believe that letter is here—I did not go down to the Spring Assizes with him; I met him there—he was in my company there several times—my brother John was down there one day, but he went back again; he was not seen—I did not give Mr. Sill any money at Lewes—I was not present when any application was made about removing the venue—this letter (produced) is Mr. Sill's handwriting—(read: "To Mr. Thomas O'Brien. Hereford, 13th March, 1852. My dear O'Brien,—I have had an interview with the Rev. Mr. Proberte and Mr. Edward Pritchard; and I shall be in London by the mail train on the Monday morning, accompanied by the Rev. Mr. Proberte and Mr. William Hamp; and on Monday an application for a certiorari will be made, with the sanction of Mr. Proberte and Mr. Pritchard. You had better be in Tavistock-row at 11 o'clock, and Genesse must be ready with the cash for Mr. John Hamp's two bills."
Q. Do you know what that refers to, about Genesse being ready with the cash? A. Yes; it is for the two bills of exchange that be first received—Genesse is a monied man, and a friend of mine; and Mr. Sill went to him to get them discounted—I have no memorandum here in Mr. Sill's handwriting—I have brought all I have—I have got a draft here for 200l. in his handwriting, and one for 25l.—Mr. Thomas O'Brien, to whom this letter is addressed, is a friend of Mr. Sill's—I had seen him with Mr. Sill about this matter—I have met them together several times—when Mr. Sill has called at my tavern, he has seen my brother many times—on 13th April, he called on me about half-past 6—he said he had made an appointment with my brother John, to meet him at 7—my brother was not there then—I had some friends at dinner up stairs, and he came up about twenty minutes afterwards—my brother came up first, and then in came Mr. Sill—I asked him to have a glass of wine—he said no, he had come for business—he then asked my friends to leave the room—a Mr. Bray was one of my friends, and there was also a lady—after they left the room, I and my brother were left alone with Mr. Sill—he then said, "These bills you have given me, are so long a date I cannot get them discounted; I want a draft or a banker's order at seven days for 200l., and 15l. or 20l. in ready money"—at this time I had advanced him in money, from time to time, from 130l. to 140l.—that is including the 20l. check—in consequence of Mr. Sill's visits, and my having given him so much money, I had consulted a legal adviser, and in what was done on the evening of 13th April, I was acting under legal advice—when he said "I must have a draft for 200l. at seven days, and 15l. or 20l. in ready money," we asked him how he could think of coming and asking for such serious sums of money, particularly as my brother said he was innocent, and I had nothing to do with it, although I was making myself liable about it—he said he must have it—it mattered not how innocent either of us
were, it was what the world thought—my brother said he could give him no more money, and would not allow me to give him any; but in a few minutes after I went out for a bill stamp, and Mr. Sill drew the body of it—it is an order on Taylor and Lloyd, of Birmingham, for 200l.—(reading it)—my brother said that he had ruined him, he had sacrificed his position, and his character, and he could not submit, or allow me to submit to this extortion, either of us any longer—Mr. Sill said we were well aware of his power with the Secretary of State, and if we did not give him the money he should most certainly carry it into effect—I sent for the bill stamp, because I thought it was better to do so than allow my brother to be sacrificed—the first bills were lying on the table, and my brother asked him to let him look at the bill stamp—in reaching over for it my brother picked them all up, and put them in his pocket—I also retained this 200l. bill—Sill was very much excited, and said if we did not give them up, he would never leave me or my brother until he had transported us—my brother had possession of them, and refused to give them up to Sill—Sill said, "I will give you one other chance before you leave, and if you do not I will make it the bitterest day's work you ever had in your life"—my brother said he might do his best or his worst, be should never give them up, they were his property—we were acting under advice in taking this course—here is another bill (produced)—it is for 25l., drawn by Mr. Sill on Thomas O'Brien—it is in Sill's writing—I had to give him the money—I gave it him on 6th March (read—"3rd Oct. 1851, Three months after date, pay to my order 25l., for value received—to Thomas O'Brien, Esq., Accountant's-office, General Post-office, London. Richard Sill")—on 6th March I gave him the two bills of 120l.—I believed the representations he made to me that he had been to the Secretary of State—I should not have parted with those bills if I had not believed that representation—I should not have parted with the two 5l.-notes, the check for 10l., and the check for 20l., if I had not believed that representation—I all along believed, until 12th April, that Sill had been to the Secretary of State, and that he had the power he represented.
Cross-examined by MR. BALLANTINE. Q. Have any of the securities which have been obtained of you by false pretences been paid? A. Only the 25l. one; that was paid on 6th March—O'Brien's bill was overdue, and Mr. Sill banded it to me—I am the prosecutor of this indictment—I have also preferred two other bills, three altogether—I charged Mr. Sill with false pretences, before any indictment was preferred—I went to the police station, and afterwards preferred this indictment, and two others—the Magistrate did not grant me a summons, but told me if I could see Sill to give him into custody, but he was locked up in the Queen's Bench, and I could not—I preferred two bills first, and then this one—I do not know what the indictments contain—I believe one of them mentioned robbery in one of the counts—the robbery was his taking the moneys and bills from us—Sill robbed me, the champion of England, by threats—I believe there was a charge of false pretences, too—the false pretences were that he had obtained this very money and these very bills of me—I was present in Court when Mr. Sill was acquitted on those two indictments—the case was not heard, as there was no evidence there—I was there, but there was nobody else—I had known young Mr. Hamp twelve months before he went to my brother's—I saw him before he went there—it was not me who recommended him there—I saw him there twice—I never played at cards in my life—I did not see James and Staven there—I know who they are, I saw them at Lewes—there was a charge against my brother, which I was told was a transportable offence—I believe Staven and James had two years imprisonment—my object in all my transactions
with Sill was not to compromise the thing with my brother; but he said he had such power, even if he was innocent, he could convict him—I am twenty-six years old this month—I believed that Mr. Sill, who came drinking innumerable glasses of grog, had such power that he could transport an innocent man—he told me so, and I believed him—I knew there was a charge against him—Mr. Sill came to me, I should never have gone to him, and should never have given him the money if he bad not told me what power he had with the Secretary of State—he told me he had spoken to the Secretary of State, and I mean to say, upon my oath, that I believed it—he told me he had changed the prosecutor, through his influence, with the Secretary of State, and I believed it—I wanted to save my brother—I did not know how Sill could save my brother, that was for him to know—he was calling at my place every day for money—I should not even have been satisfied if my brother had not been prosecuted, because I have lost a serious sum of money—I have seen Mr. Hamp during the proceedings, but we bad no conversation as to settling the matter, for as far as he was concerned it never wanted any settling—I wanted it withdrawn altogether, as far as John Broome was concerned—I did not go to Shrewsbury with him—I did to Hereford—I did not engage in business while I was there, only in taking my exercise—it is nearly twelve months ago—I believe there was some electioneering going on, but I did not go there—it was not at Monmouth, my brother was not there at the same time—I was never at Monmouth, I have been at Worcester—there was an election going on at Ledbury—I was down there—I went to see a gentleman named Higgins, a solicitor—I do not know whether he was on 13th April, nor 6th April; he was on 6th March, but he did not hear what took place—he was at my house on 6th March—he was very tipsy, and had to go into the back room, and they laid him on a bench in the back parlour—he was a friend of Mr. Sill's—he was not in the bar parlour, but in the back parlour, there is a partition between.
MR. PARRY. Q. Did you ever see him till you saw him with Mr. Sill? A. Yes; he used to come backwards and forwards between us—when Sill said he had seen the Secretary of State, I believed him, and when he told me the Secretary of State had told him John Broome had been, or could be, transported, I believed that—that is Mr. Sill (pointing to him)—he is the gentleman who made these representations.
MR. BALLANTINE. Q. Did Mr. Sill tell you, in the course of the proceedings, that he could not get his bill of costs paid by Hamp? A. He said they were taxing his bill of costs.
MR. PARRY. Q. In the course you have taken in preferring indictments, did you act under the advice of attorney and counsel? A. Yes; I never drew an indictment—I should not understand it if I were to read it—before preferring any bill of indictment I went before a Magistrate and applied for a summons against Mr. Sill, which was refused—I applied on two occasions—the indictments in the Queen's Bench were not tried—I had been inferred by my attorney that the case was made a remanet of, and was to stand over till next term—prior to that, the witnesses had been told not to come up from Birmingham and Brighton, I had no one to hold the brief; I was there by myself—none of my witnesses were there—one or two came up in the middle of the day after it was over—Mr. Verrall was one.
(Thomas Bray was called upon his subpoena, but did not appear.)
SAMUEL GENESSE . I know the defendant, I also know Mr. Henry Broome. I saw Mr. Sill several times, but I almost forget dates—I remember seeing him on a Sunday—shortly after I had seen him I went to Broome's, but not
with Sill—I saw Sill on Sunday morning, and went to Broome's the tame Sunday, at 4 o'clock—I was induced to go to Broome by some conversation I bad with Mr. Sill, and he told me he should be there in the afternoon—I cannot remember the conversation—he said he had been at Broome's, and he should be there again in the afternoon, and asked me to come there and take a glass of something, and I went—I do not recollect that anything was said about the Brighton business—Mr. Sill bad another gentleman with him, I do not recollect the conversation that took place—he did not say what he was going to Broome's for—I did not pay much attention, as he had been drinking a little—I went to Broome's about 4, and saw Sill there—I saw this bill of exchange (produced)—I drew the body of it for Mr. Henry Broome; that was on the same Sunday—it is dated 6th March—I put in the date myself, but I am sure I should not have dated it on a Sunday—I am a Jew—I would not date a bill on a Sunday, but I should date it as near as I could; consequently, it must have been the Sunday nearest 6th March—I should not object to date a bill on a Saturday—it was on a Sunday, somewhere about 6th March, that I saw Sill—before I drew that bill I had seen Sill at Mr. Broome's—I was at dinner, and was called down and drew that bill for him—it was an hour or an hour and a half after I had seen Sill at Broome's—I left, and John Broome called on me an hour or an hour and a half after, and asked me to oblige him with a stamp, if I had such a thing in the house—I found this stamp, and drew the bill for him—I saw the bill again in Broome's possession within the last month—I saw Sill again afterwards—he did not call on me to discount some bills on any occasion.
Q. Was that bill, or were any bills with Broome's name on them, offered to you for discount? A. A person called on me, it might have been a fortnight or three weeks afterwards, and asked me to discount a bill, and he described this particular bill—it was a man named O'Brien—he had not the bill with him—I do not know that I have ever seen these bills (produced)—bills like these were often offered to me to be discounted, but as I did not intend to discount them I never looked at them—O'Brien was the person who offered them, but I cannot say as to these bills, as I made up my mind to have nothing to do with them.
EDWIN PARRY . I am managing clerk to an attorney, Mr. John Smith, of Birmingham. I know Sill—about the latter end of March the "boots" from the White Hart came with a message, and Mr. Sill came the next day—I saw him—he asked for Mr. Smith—I told him he was not within—he asked how soon he would be in—I told him it was rather uncertain, but he would be in perhaps in an hour—he said his name was Sill—I asked him if his business related to Mr. Hamp—I told him I knew all about it, and I could do the same as Mr. Smith—he hesitated a little, and talked about Mr. Hamp's matter—he saw I was well acquainted with the affair, and said his business in Birmingham was to get some bills discounted, which he produced—I saw two 120l. and one 240l. bills; these are them—here are two French ones and the English one—I told him I did not like the names, and that Mr. Hamp was good for nothing, he was insolvent—I said I did not think Mr. Smith would be able to get them discounted through Mr. John Broome's position— Sill said if I referred to the Brighton business that was arranged—this was within a day or two of Baron Nicholson coming and taking the Hippodrome at Birmingham, about 30th March or beginning of April—I said, "I suppose these bills are given to settle it?"—he smiled, and said, "Yes."
6th March, about 12 o'clock I should think—he was drinking—a friend named O'Brien, was with him—Henry Broome was there—I was going in and out of the room, carrying what was wanted—I heard Mr. Sill say to Mr. Broome that he had seen the Secretary of State, who had told him that his brother Johnny, if convicted, would be transported—on Sunday, 7th March, he came again, about 2 or 3 in the afternoon, and he called several times afterwards—I heard none of the conversation on the Sunday—he called most every day from 6th March to 30th April—he used to ask me if my master was at home, or whether he had left him any money; and he asked my mistress as well—he was very angry once or twice, and said, if he did not leave it, it would be worse for him—that conversation occurred several times.
HENRY BROOME re-examined. This memorandum (produced) is in Sill's writing—it was given to me by him on 6th March (read—"London, 6th March, 1852. Memorandum, that Henry Broome has delivered to me a bill of exchange, drawn by him on, and accepted by John Broome for 240l., dated the 6th day of March instant, at four months, as collateral security for two bills of exchange, dated 17th February last, each for 120l.; drawn by John Hamp, and endorsed by the said John Broome and Henry Broome; and which bill, for 240l., I undertake to return to the said Henry Broome, on payment of the said two bills for 120l. each. Richard Sill.")
JOHN SHERMAN . I know John Broome and the defendant—I was one of the witnesses examined at Brighton against Staven and James, in the case that Mr. Sill was acting as the prosecutor's attorney—I first saw Mr. Sill on the subject of that trial in the early part of Aug., 1851—that was the first examination—I saw Mr. Sill first in London, at the Cheshire Cheese, kept by Mr. Lane, in Marquis-court, Drury-lane—a man named Watkins was with him, and Mr. Hamp, Mr. Jones, the landlord, and Mr. Doyle, the barrister—they were talking the matter over before I went in; and we went from the Cheshire Cheese down to his office—Mr. Hamp said Mr. Sill was go down to Brighton, to get the bills back in the Brighton case—when Mr. Hamp told Sill about the circumstances, he said, "Broome knows nothing about it; he went down with us certainly"—Sill said, "Certainly he went down with us, and you must put him in with them, because he is a monied man, and be can pay the expenses"—on other occasions I have had conversations with Sill about John Broome, when he was in the country, at Bacton, in Herefordshire, where Mr. Hamp lives—that was in Christmas week—he said he could get a good sum of money out of the prosecution, and I was foolish if I did not get the same too—I said I should not do anything of the sort, and told him I knew very well that Mr. Broome was innocent—he said, "Innocent or not, it matters very little; it is what the world thinks of him after what I have done"—afterwards, on 16th March, I attended the trial at the Lewes Assizes—I was bound over to prosecute—I saw Sill on that occasion in the passage of the White Hart, opposite the Court-house—he said he had got a good sum of money and bills out of Harry Broome; why did not I have some too; and he said, "You will be of great assistance to me if you can persuade him that I have got power with the Secretary of State, as he can transport his brother John"—he said if I could do that, and he could get some more bills for 300l., I was to stand in, and have one-third—I said I should not do anything of the sort, and said he was quite aware Mr. Hamp had told him that John Broome was innocent of the charge—he said he had completely frightened Harry Broome by telling him he had seen the Secretary of State, and I was to keep to the same tale—I did not agree to do anything of the sort.
The Right Hon. S.H. WALPOLE. I am Her Majesty's Secretary of State; I became so on 27th Feb., this year; I was so on 6th March, and have continued so. I do not think I ever saw Mr. Sill before—I saw no one at my office who represented himself as Mr. Sill, an attorney, to my recollection—I have seen the card-cheating case at Brighton mentioned in the newspapers, but have not heard of it in any other way—I do not think Mr. Sill ever called on me, or saw me, in reference to any indictment against Mr. Broome and others, for cheating at cards at Brighton; as far as my recollection serves me, he never did—I did not tell Sill that John Broome could be, or would be, transported—to the best of my memory, I never saw him—I never told anybody that John Broome could be transported.
Cross-examined. Q. There are two Secretaries of State besides yourself? A. Two under secretaries, Mr. Waddington is one, he would be the one who would ordinarily see persons on such a subject—if there were any papers on the subject they would come through him to me, and I might see the parties, or might not—there are two other principal Secretaries of State besides myself.
MR. PARRY. Q. Is one Secretary of State for Foreign Affairs? A. Yes, Lord Malmesbury—he does not take cognizance of card cheating cases at Brighton; and the other is Secretary of State for the Colonies—Brighton is not a colony—Mr. Waddington communicates with me on the affairs of the office regularly every day—he has never made any communication to me about John Broome being transported—the only communication he made to me on the subject was, that he was subpœnaed to attend on this trial—I am not aware whether Mr. Waddington is here, he had not come to the office when I came away—it would not be the usual course for Mr. Waddington to have communication with parties before a trial.
JOHN SHERMAN Cross-examined. Q. Were you charged by Sill with having made a perjured affidavit? A. No; I saw a report in the paper about the witnesses not being worthy of belief, and me among them—I read it in the Brighton paper that he said it before the Magistrates at Brighton—I am an attorney's clerk—I have not a master; I am a clerk out of a situation—I have not got an attorney—it is twelve months last April since I had an attorney for a master—I was staying in the country with Mr. Hamp until the last assizes—that is the gentleman who is supposed to have been cheated—I went down with him to stay at his house as companion—it was not to keep him out of mischief, nor as lawyer's clerk, merely as a convivial friend, that was all—the place is dull, as Mr. Sill knows, he staid there a week along with me—I have no other means of living except staying with Mr. Hamp—I am out of a situation at present—the last place I was in was Messrs. Brydges, Mason, and Brydges, of Red Lion-square—I left them last April twelve months—it was because I staid away—no money went away—I never heard of any money being missing—I was never charged in connection with any missing money—I was away a week with a gentleman from the country, and I sent in a sick note; they found out it was not the fact, and dismissed me—I did not introduce Hamp to Johnny Broome's house—I saw Johnny Broome about once or twice before in my lifetime—I was keeping company with Hamp in London—I was with him in London at Broome's—I never played cards there with him—I went down to Brighton with him on the occasion on which he was plundered—nobody was present when these communications were made to me by Sill.
MR. PARRY. Q. How long have you known young Mr. Hamp? A. Several years, I knew him when I lived in the country—he used to come to
my house—he is a countryman of mine—we are both Herefordshire men—his father is a banker—he was in his father's hank two years—he did not like being in the business, and is doing nothing at present—I was with Messrs. Brydges and Mason about two years—I was examined on the trial of Staven and James—I gave evidence against them, and they were convicted.
HENRY BIDWELL DUNN . I am an attorney—this is Mr. Sill's bill of costs against Mr. Hamp (produced)—he delivered it to me—I was at that time acting as attorney to Mr. Hamp—the total amount is 346l. 11s. 8d.— 120l. had been paid before it was placed in my hands—85l. by Mr. Hamp, and the balance by Mr. John Broome; and on taxation, 185l. 3s. 1d. was taken off—he claimed 226l. 11s. 8d., and the Master gave him 34l. 2s. 11d.
GUILTY.— Judgment Respited.
Before Mr. Recorder, and the Third Jury.
MR. RYLAND conducted the Prosecution.
MATTHEW STEVENS . I am a ship's joiner, and live at Leonard-row, Bromley, Middlesex. On 1st Aug. I was in Petticoat-lane, about 11 o'clock, I felt a tug at my pocket, turned round, and saw the prisoner with my handkerchief in his hand—I held him with one band, and seized the handkerchief with the other—a policeman came, I gave the prisoner in charge, and found my handkerchief in a hat which he held before him—this is my handkerchief (produced).
Cross-examined by MR. PARRY. Q. Was not there a man running away? A. No; it was impossible to run, it was so crowded—he had a cap on his bead, and held the bat against his bosom, and the handkerchief hung out of it—he begged of me to let him go, and said he would not do so again—I was perfectly sober.
(The prisoner was further charged with having been before convicted.)
JOHN LEONARD (City-policeman, 621). I produce a certificate from Mr. Clark's office (read—"Lewis Woolfe, convicted Dec, 1850, of stealing a purse and money from the person. Confined Three Months the last week solitary.)"—I was present—the prisoner is the person.
GUILTY . Aged 19.— Confined Twelve Months.
EDMUND DEACON . I am a painter, of 66, Sun-street,; my wife carries on the straw bonnet business. On Aug. 5, about half past 9 o'clock at night, I was sitting in my back parlour—I could see into the shop, and saw the prisoner and a man helping themselves to the bonnets—the man took three bonnets from the counter, and gave them to the prisoner—there was nobody in the shop—I went in and disturbed them—the man ran away, and the prisoner took the bonnets to the opposite side of the way into a court, and threw them down—I called out to her to stop—she stood on the other side of the court, trying to hide herself—I wanted her to pick them up; she would not—I picked them up—she ran down Sun-street, and I followed her, and did not lose sight of her at all—I am sure she is the same woman—there was also a bonnet shape and a hat—the man took them; they were my property,
and were left to be cleaned—the prisoner is married; I believe her husband is a very respectable man, but they have not lived together for some time—I have no reason to believe that the man in the shop was her husband.
GUILTY . (The prisoner was further charged with having been twice before convicted.)
WILLIAM HENRY HALE (City-policeman, 625). I was present at the prisoner's trial at Clerkenwell Sessions, and produce a certificate—(read—Clerkenwell, Oct., 1851, Mary Wilson, Convicted on her own confession of stealing bacon; having been before convicted—Confined Nine Months).
WILLIAM BISHOP . I know the prisoner—I was present at Clerkenwell Sessions on 6th Nov., 1849, when she was tried for stealing two stockings, value 9d.—she had three months—she has also been summarily convicted of stealing an image.
GUILTY. Aged 39.— Transported for Seven Yeats
GUILTY . Aged 17.— Confined Twelve Months.
FRANCIS GODDARD . I am shopman to William Short, the executor of Mrs. Howard. On 1st July, about half past 1 o'clock, I saw the three prisoners together at the window; it is a pawnbroker's shop—directly they were gone I missed a pair of boots and a pair of shoes from a little stall in the street under the window—I did not see either of them touch the boots.
WILLIAM WALLER (City-policeman, 121). The prisoners were described to me, and I went up Golden-lane to look after them—I found Loader there alone, and asked her what she had got—she said, "Nothing"—she had a shawl on, and I saw her arm up; I put my hand under her arm and found one pair of boots, she dropped another pair—I saw the other two pairs about fifty yards off—Burke went away when I stopped Loader; I sent a constable after her; we met Webb coming up Golden-lane.
WILLIAM TAYLOR . I am a glass-cutter, of Collier-court, Golden-lane. I know the prisoners by sight—I was passing the shop, and saw them looking in at the window; Loader took a pair of boots from a little shelf underneath, put them under her arm, and covered them with her shawl; in a minute or two afterwards she took a pair of shoes, and put them under her apron—I did not see the other prisoners do anything.
Burke. I was not with her when she took the boots. Witness. You were with them, I am sure.
Webb's Defence. I know nothing about it.
Burke's Defence. I had nothing to do with the boots; I don't associate with her; I never was in her company half an hour in my life.
(Webb received a good character.)
WEBB and BURKE— NOT GUILTY .
NEW COURT.—Tuesday, August 17th, 1852.
PRESENT—Mr. Ald. MOON; Sir ROBERT WALTER CARDEN, Knt., Ald.; Mr. Ald. CUBITT; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Sixth Jury.
GUILTY . Aged 26.— Confined Six Months.
GUILTY . Aged 19; and received a good character. Confined Two Months.
GUILTY . Aged 30.— Confined Six Months.
GUILTY . Aged 31.— Confined Six Months.
GUILTY . Aged 27.— Confined Six Months.
GUILTY . Aged 25.— Confined One Month.
MESSRS. BODKIN and CLERK conducted the Prosecution.
CORDELIA BROWN . I live with my sister, Mrs. Meager, who keeps a beer shop in the East India-road. On the morning of 2nd July, I was at the beer shop between 7 and 8 o'clock; the prisoner came in and asked for half a pint of beer, and a screw of tobacco, they came to 2d.—he gave me a half crown, I gave him 2s. 4d. change—I laid the half crown on a shelf behind where I was standing—the prisoner did not remain a minute in the shop after he had got his change—my sister was standing by me, and after the prisoner was gone, she looked at the half crown, and said, "You have taken another had half crown"—she put it under a glass in the bar parlour—there was no one there but my sister and me.
Prisoner. Q. Do you make a common practice of putting money on the shelf? A. We frequently do—my sister noticed you, I did not—you had a cap on, with a piece torn out of it—I did not notice you so much, I gave you your change, and you were gone.
SARAH MEAGER . I keep this beer shop in the East India-road. I was at home on the morning of 7th July—I recollect my sister receiving half a crown from the prisoner—I will swear to him—I looked at the half crown before the prisoner had been gone half a minute—I said, "He has given you a bad half crown"—I took it into the bar parlour, and put it under a glass—I was at home between 4 and 5 o'clock the same afternoon, and the prisoner came for a pint of porter—he gave me a half crown; I bent it while he was In the shop—I went round, shut the door, put the chain up, and sent for a policeman—when I shut the door the prisoner said, "Let me look at the half crown I gave you"—I said, "I shall not, I will leave that for the policeman" —he said, "You need not fasten the door, I will not run away"—I
said, "I will take care you shall not"—no one had access to the place where I bad placed the half crown, there was no one in the house but me, my sister, and the potboy.
JOHN BRAIN (policeman, K 268). I was called, and took the prisoner—I produce two half crowns which I received from Mrs. Meager—I searched the prisoner, and found on him two good shillings—I produce 1s. 8d.; he had 4d. worth of refreshment—he had a cap in his pocket, and a tobacco-box.
Prisoner's Defence. For the last three years I have been employed in the East India Docks, having a good character from captains that I have served under; on the day in question I went to the docks, but there being a crowd of 2,000 or 3,000 men, I could not get near enough to answer to my name, and was not employed; I waited till half-past 9 o'clock, and then went in to get my wages, which was 17s. 6d. for five days and fifteen hours; I received a half sovereign, and three half crowns; this was about 10, and I positively deny being in the prosecutrix's house; on my way home, I redeemed some clothes from pawn, I gave the half sovereign and received two half crowns and some halfpence; I have a brother in the American service; his ship was in the docks; I went that evening to see him, and went in the prosecutrix's house, and called for a pint of porter; I tendered a half crown, and stood at the bar to see if my brother came out of the docks—the prosecutrix came behind me, and said, "I have got you, this is the second one to day, I know you by your cap; "I deny that I was in the house that day; the cap I had on had nothing particular about it; she did not know my person, she was evidently confused. and acted under excited feelings; she has mistaken the party who passed it; the half crown I gave In the afternoon was one of George III. 1818, and is such as any man not well acquainted with money might take for good; I told her not to shut the door and neglect business, as I would not stir from the place; I declare myself innocent of passing the half crown, knowing it to be bad.
GUILTY .* Aged 38.— Confined Six Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
CATHARINE BURK . I am servant to Mr. Payne, who keeps a coffee shop, in Shoreditch. On 13th July, about 11 o'clock in the forenoon, the prisoner came in for a cup of coffee, and an egg—I served him—it came to 2 1/2 d.—he gave me half a crown—I gave him in change two shillings, and the remainder in coppers—I laid the half crown on the mantel piece, in my mistress's parlour—there was no other half crown there—about 2 the same day the prisoner came again, and I served him with a cup of coffee—he gave half a crown—I gave him change for that, and he went away—I laid that half crown on the top of the other—I found the first one where I had put it—about 6 the same evening the prisoner came again—he had another cup of coffee, and paid me half a crown—(after he bad gone the second time my master had looked at the money)—I gave the half crown which he gave me to my mistress, and he was taken in custody—I did not give him change for the third half crown—I am quite sure the prisoner is the person.
HENRY PAYNE . I keep the coffee shop. On 13th July I looked at some half crowns on the mantel piece, a little past 2 o'clock—my wife came in just afterwards—I placed them in her hand to put them on one side in the bowl, by the side of the mantel shelf—I observed they were bad.
ANN PAYNE . I am the wife of Henry Payne. On that Tuesday my husband called my attention to two half crowns as soon as I came in—they were placed in a bowl, where they remained till 6 o'clock—the prisoner came in, and Catharine Burk brought me another half crown—it was bad—I took it in the coffee shop, and showed it to the prisoner—I said, "This is the third time you have passed one here to day"—he said, "It is the first time I have been in your coffee shop"—I sent for a policeman, and gave the prisoner in charge—I gave the half crown which had just been given me by my servant to the policeman, and the other two which I took from the bowl.
Prisoner's Defence. The mistress says she took the two half crowns from the bowl, and her husband took them out; if I had known they had been bad, I could have taken them and made away with them; I could have escaped from the shop.
GUILTY . Aged 27.— Confined Six Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
JOHN NEALE . I am a baker, and live in Cannon-street, St. George's in the East. On 24th July, about 7 o'clock in the evening, the prisoner came and asked for a 21b. loaf—she gave me a bad half crown—I asked her where she got it—she said her husband came home drunk and gave it her—I went to get my hat, and she got out—I went out but could not find her—I told a policeman what had occurred—I marked the half crown, and gave it him.
ELIZABETH FENNER . I live with Mr. Jordan, a baker, in Back-road, St George's. On 24th July the prisoner came for a half quartern loaf—it came to 2 1/2 d.—she gave me a half crown—I tried it in the rack, and found it was bad —I called Mr. Jordan, and give it him—the prisoner was in the shop at the time.
HENRY JORDAN . On the evening of 24th July Fenner gave me the half crown —the prisoner was in the shop at the time—the half crown was bad—I asked the prisoner where she got it from—she said she had it from her brother—I called an officer, and gave her in charge—I gave the officer the half crown.
Prisoner's Defence. I am a widow, and have four fatherless children; having had the misfortune to have another by my lodger, who has deserted me; he told me if I would meet him he would give me some money; he gave me a had half crown; I went back, and told him it was bad; he said, with an oath, he would go and get it back; he gave me another; I went to the shop, and was given into custody.
GUILTY . Aged 45.— Confined Four Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
on business in Piccadilly, her name is Harriett. On 13th July the prisoner came, between 7 and 8 o'clock in the evening—he bought an article which came to 3d.—he paid with a shilling—I gave him change, and he left—I found the shilling was bad, and put it in the till with the copper money—the next evening the prisoner came again; he bought two biscuits, and gave another shilling—I tried it in the detector, and found it bad; I told the prisoner he was the same man who had passed a bad shilling the day before—he said he had never been in the shop before—I am sure he is the same man—I found the first shilling in the same place where I had put it—there was one other bad shilling there—the policeman came and took the shilling.
Cross-examined by MR. SLEIGH. Q. Was the other bad shilling in the same place? A. Yes; I had taken it two or three weeks before—I did not mark it—I did not mark the one I first took of the prisoner till I got to the station—I could distinguish the shilling first given me by the prisoner from the other, because I bent it rather more—I do not remember that I had ever seen the prisoner before the night of 13th July, but my sister does—on the evening the prisoner first came he was in the shop two or three minutes—I cannot remember whether I had any conversation with him—I am sure that the man that came on the 14th was the same man who came on the 13th—I knew him the moment he came in the shop—I served him when he came on the 14th, because I did not know that he had brought a bad shilling then; but I knew him before I tried the shilling—this is the shilling I received from him first—I marked it at the station house—I have not got the other shilling here—I do not know of what reign it was—from my knowledge of the two shillings I can venture to say positively, on my oath, that this is the shilling passed to me by the prisoner, and the one that is now in the till is not the one given by the prisoner—I have no means of knowing them, but that one is more bent than the other.
MR. BODKIN. Q. About three weeks before you had taken another bad shilling, was your sister there at that time? A. I cannot remember; my sister assists in the business as well as myself—I was the person who put the first shilling in the till amongst the copper money—when I took the second bad shilling and put it in the till, I was able to distinguish it, because I had bent it rather more—when he came with the second shilling on the 14th, I tried the shilling, and gave it him back—he paid with a good shilling.
ROBERT JACKSON . I am a stationer, in Archer-street, Haymarket. On 14th July the prisoner came to my shop for a "London Journal"; I served him—he gave me a bad shilling—I turned round for the purpose of getting change, and at the same time I put the shilling between my teeth, I found it was bad—I said to him, "This is a bad shilling"—he said, "I am sure I am not aware of it, I took it at the Bull's Head"—I went with him to the Bull's Head; I said to the barman, "This person has been round to my place, and tendered me a bad shilling, which he says he obtained from this house"—the barman denied all knowledge of him, and said he had no bad money from there—the prisoner said nothing—I saw a constable passing, I called him, and gave the prisoner into custody—I gave the shilling to the officer at the station—the price of the "London Journal" was a penny.
THOMAS WINDSOR (policeman, C 63). I was called by Mr. Jackson, and received this shilling from him; I also received this one from Miss Bremner—I searched the prisoner at the station, and found on him a bag containing
two biscuits, with Mr. Bremner's name on the bag, and I went there—I found on the prisoner two sixpences and sixpenny worth of coppers, all good.
(The 'prisoner received a good character.)
GUILTY . Aged 56.— Confined Six Months.
MR. BODKIN conducted the Prosecution.
THOMAS WHITE . I keep the Salutation, in Princes-street, Blackfrian. On 21st June the prisoner came there dressed as he is now, as a sailor—he called for a pint of porter, and gave a half crown—I tried it, and found it bad; I asked him where he got it—he said from his shipmate, on board a ship at St. Katharine's Docks—he afterwards said it was at the West India Docks, and he came from Switzerland—I asked him the name of the ship—he said he did not know—I sent for an officer, and gave him the half crown.
ROBERT LAMBERT (policeman, L 121). I took the prisoner, and received this half crown—I asked him where he got it—he said from a man named Jack, at St. Katharine's Docks—he said as he had got no money Jack gave him the half crown to get some beer with—the prisoner was discharged on that.
THOMAS WILLIAM LUCAS . I am a tobacconist, and live at Hammersmith. On 8th July the prisoner came to my shop, between 8 and 9 o'clock in the evening for two penny cigars—I gave them to him—he gave me half a crown—I saw it was bad, but I gave him the change, and said nothing about it—I put on my hat and followed him, to see if he passed any more—he turned down by the Black Lion, which leads out of the main road—he did not call anywhere, but came round into the main road, and went on his way towards town—I spoke to a constable—I afterwards saw the prisoner getting on an omnibus, and the constable took him—I kept the half crown in my hand till I got to the station—I marked it, and gave it to the constable—when the prisoner came back into the main road he went into one shop and had a pie, and into another shop and had some porter.
GEORGE MILLAR (police sergeant, T 46). I received information and followed the prisoner—he went into a pastrycook's shop and had a bun, for which he paid 1d., and he went into a public house and had half a pint of porter, for which he paid 1d.; I was looking through the windows and saw him—I took him as he was getting on an omnibus—he was smoking one of the cigars—I found on him 4s. 6d. in silver and 3d.—I told him I took him for uttering a counterfeit half crown—he said, "I know nothing about it; I had it from my shipmate where I was paid off"—I think he said at Portsmouth.
GUILTY . Aged 20.— Confined Six Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
HENRY GODDARD . I keep the White Horse, at Twickenham. On 13th July Mr. Adney, a baker, came to my house in the afternoon, and in consequence of what he told me I went out and saw the prisoners and another man standing at the Crown—two of them, but I cannot say which two, went into the Crown—when they came out they all joined company again—they stood talking a few minutes and then came down the road, shifting hands from one to the other as if they were passing something from one to the other, to the
Rising Son, and the two prisoners went in there—the third man walked on to the meadows smoking his pipe—I went into the Rising Sun, which is kept by Mrs. Penycook—the two prisoners were at the bar, and she was serving them—I called her out and told her what I suspected—I saw Jones give her half crown—she handed it to me—I saw it was bad, and told her not to give change—I went to the door, called a policeman, and the prisoners were given in charge—I gave the half crown to the policeman—while he was searching Jones, Simpson seemed very much agitated, and as if he wanted to make away with something—he went into the parlour and sat himself down in a corner just by the door—I went away, and helped the policeman to search Jones—I assisted in taking the prisoners to Richmond—I told a young man to watch Simpson that he made away with nothing—Simpson said, "It it too late now, if I had anything; I had twenty chances to make away with it", and he said that Jones had been before to the Swan and offered the half crown, and it had been refused.
Jones. Q. You say you saw me give the half crown to the landlady; you were in the parlour? A. No; I was at the bar door—as soon at she gave it me I saw it was bad—I walked in at the back door as you did at the front—I said, from the description I bad had, I suspected you were uttering bad money—there was no one in the house but yourselves and the landlady and the maid and Clark.
LUCY PENYCOOK . I keep the Rising Sun, at Twickenham. On the evening of 13th July, Jones came into my house—Mr. Goddard came in at the back door, at the time I was serving Jones with a glass of half and half and a cheroot—he threw down a half crown—I just put it inside the till, and was going to give him change—Mr. Goddard beckoned roe out, and told me to be cautious what money I took—there was no other half crown than that in the till, I am quite sure—I showed the half crown to Mr. Goddard; he said directly it was bad—I told Jones it was bad, and he threw me down a good one—at the time I was serving Jones, Simpson was at the bar—he asked for a glass of ale, which my servant served him with—when Mr. Goddard said the half crown was bad I left it with him, and he gave it to the policeman—I did not get it again—the prisoners were taken into custody—after they were gone Hatton gave me a half crown—I was going to send it to the station, but they were coming back and I gave it to the policeman.
Simpson. I did not come in as soon as the other man did. Witness. I did not see you till after I saw him—I saw Clark and another man stop you from going out—I did not see you in the parlour; I did not leave the bar—I cannot remember whether Hatton told me that the half crown he gave me was bad, but I saw it was bad.
JEMIMA TURNER . I was in the bar of the Rising Sun when the prisoners came in—I was serving Simpson—when the policeman came in, and was searching Jones, Simpson went into the parlour, and sat down just by the door, in a place where there is an elbow—there was no one else in the parlour at the time—he did not remain there more than two minutes—I had dusted that place ten minutes or quarter of an hour before—I saw no half-crown there—if there had been a half crown I should have seen it—I did not see any one go into that place, except Simpson, after I dusted it.
Simpson. Q. Did you see Mr. Clark and another man stop me? A. I saw Mr. Clark stop you; I went into the parlour with Mr. Clark—I saw you sit in the parlour—I saw Hatton give my mistress a half crown—she showed it to Mr. Clark; to no other person.
13th July—the prisoners had been taken away—I went into the parlour, and saw a seat which had an elbow, and on the arm-rest I saw a half-crown—I gave it to the landlady.
Simpson. Q. Did you mark it? A. No; I did not notice whether it was bad or good—I left then, and went home—I saw a half crown about eight days afterwards—I do not swear that it was the same.
THOMAS CLARK . I was at the Rising Sun on 13th July, when the prisoners were there—a constable came in and searched Jones—Simpson seemed very much agitated—I imagine he wanted to throw something away, or to escape—he went into the parlour, and sat down round by the door, in a seat with an elbow-rest—a short time afterwards I received a half crown from Mrs. Penycook—I looked, and saw it was bad—I handed it back—in about ten minutes or a quarter of an hour afterwards the policeman came back from taking the prisoners to the station, and Mrs. Penycook gave him the half crown, after marking it.
Simpson. Q. You took me into custody? A. I stopped you; I did not take you by the collar—I laid my hand on you—I said I watched you—I did not state that when Mrs. Penycook gave me the half crown I walked out with it—I did not keep it ten minutes—I did not put it into my pocket—I saw it was bad, and handed it back—it was not out of my sight for a moment—I did not identify the same half crown at the station.
MILES POPPLE (policeman, V 50). On 13th July I went into the Rising Sun, and took the prisoners into custody—I searched them both in the house—I found no bad money on them—I found 2s. 3 1/2 d. in good money on Jones, and 4s. 11d. on Simpson, and a railway return ticket from Waterloo station—I took the prisoners to Richmond station—Simpson gave his address in Charles-street, Lisson-grove—Jones was asked his address, he refused to give it—Simpson said he did not know anything of Jones, but he met him in Twickenham—I took the prisoners to the station, went back to the Rising Sun, and received from Mrs. Penycook this half-crown—Mr. Goddard had given me this other half crown before—I have two other half crowns, which I received from two other houses, through making inquiries.
Simpson. Q. Who gave you that last half crown? A. Mrs. Penycook; I do not know bow many hands it went through—I did not find that you gave good money at the Swan.
Jones' Defence. I had been down to Hampton Court; I made a pair of trowsers for a servant, and I received two half crowns and a shilling; when I was at Twickenham, I did not know the way to Richmond; I fell in with this prisoner; he said he was going that road; I went in the public house, and in about three minutes Simpson came in; Mrs. Penycook said it was a bad half crown that I gave her; I did not know it; it was one that was given to me.
Simpson's Defence. I am a shoemaker. On 13th July I went to Twickenham; I called at the Swan public house, and while taking some beer Jones came in, and had some conversation with the landlord about bad money; Mr. Adney, a baker, was at the bar, and told me he had suspicion of Jones; on leaving the house, prompted by idle curiosity, I entered into conversation
with Jones and another man; I entered the Crown, and had some beer; but Jones having drank pretty freely declined going in; when we came out he was waiting for us; I then went into the Rising Sun, called for a glass of ale, and paid for it with good money; on coming out Clark seized me by the collar, and I was detained for passing bad money; I know nothing of the half crown found in the parlour; I did not put it there, and, according to the evidence of Clark, I could not have done so.
JONES— GUILTY . Aged 22.
SIMPSON— GUILTY . Aged 26.
Confined Twelve Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
ANN AMBLER . My husband is a beer seller, at Shenley. On 8th July the prisoners came to our beer shop together—one of them ordered beer—they both drank—Cahill gave a sixpence for it—before that they had had some beer for which they paid coppers—I found the 6d. was bad, and told him so—he said it looked bright, and he gave me 1 1/2 d. in copper—when I said the sixpence was bad, Flanagan said he must give it him again—he did not say who—after they had paid they went away—I am sure they are the men.
SARAH YOUNG . My husband is a beer seller, at South Mimms. On 8th July the prisoner Cahill canoe for half a pint of beer—he gave me a bad sixpence, and drank the beer—I said, "You know you gave me a bad sixpence"—he said he had taken it of his master—he returned me the 5d. change—he did not give me a penny for the beer—my husband came in—I gave him the sixpence, and he gave the prisoner in custody.
WILLIAM YOUNG . I am a beer seller, at South Mimms. In the evening of 8th July I saw the prisoners walking together towards my house—we lost sight of them—when I got in my house Cahill was there—my wife gave me a sixpence which she said in his presence he had passed—I marked it, and gave it back to Cahill—he returned the 5d. change—he said he had taken this sixpence of his master over the Common—I said I would give him the sixpence if he would take it to his master, and bring me the penny—he went out to go across the Common, as he said to his master—I sent my boy after him—he went till he got out of sight of the house—he then ran in a different direction—I sent another son after him, and he brought him back—I got the sixpence from him—it was the one that had been marked by me—I sent for a policeman, and gave Cahill in charge—I gave the sixpence to the policeman.
Flanagan. Q. Did you see me in the house? A. No; I lost sight of you—I had followed you about 600 yards, you had got over the stile before I got in the street—there was no one but Cahill with you—there were four persons with me—what made me notice you was you had got a black waist-coat over a dirty smock.
WILLIAM GODWIN (policeman, S 58). I went to Mr. Young's house on Sth July, I found Cahill there in the taproom—Mr. Young gave me this sixpence—I took Cahill to the station—I searched him, and found two other sixpences in his left shoe stuck to the bottom of his stocking—Cahill gave me a description of Flanagan—I found on Cahill a file, a farthing, a pencil case, and piece of iron—after taking Cahill, I met Flanagan, and by the description I had I took him into custody—as we were going to the station, he put his hand to his mouth, and something rattled against his teeth like metal—I caught his throat, but he was too quick, and swallowed it—he said
it was tobacco—I searched him but found nothing—in consequence of information from Cahill I went to a passage by Mr. Young's, and found this packet of plaster of Paris in a paper, covered over; Cahill told me I should find it—I saw the prisoners at the station—they made statements after being cautioned—these are them, my inspector wrote them down correctly—(read)—"At the station-house, after having been cautioned, the prisoner Cahill said, 'I met the other prisoner on Wednesday morning, 7th July, about two miles from Barnet; I asked how far Newport was off; he replied it was 146 miles; I came back to Barnet with him; I gave him some bread and meat; we went to look for work, and returned to Barnet in the evening, and I gave him some money to buy things; in the morning we went out, and by the road-side he began to mould some bad money, and when done he gave me thirteen sixpences, out of which I kept two, and gave him back the rest; he afterwards gave me a sixpence to change at a public house in Barnet, which the landlady refused to take, and gave it me back; I then offered the same sixpence at another beer shop in this town, which caused me to be taken into custody'"—"Patrick Flanagan, after being cautioned by me, said, 'John Cahill said to him on Wednesday last, that he had a cousin named Cahill living in Golden-lane, London, a noted coiner, and showed me a bad shilling which he said was one of his cousin's shillings, and that he could get 5l. of such for 10s.; he sent a man with a shilling to the White Lion public house, in Barnet, to get some beer, which was drank by us all three; Cahill has uttered one bad sixpence at the Wheat Sheaf, at Shendley-hill, one at a grocer's shop in Green-street, Shenley, for some tobacco, one at a beer shop near the Wheat Sheaf public house, Shenley, which was refused, and I paid in good money; he said he was a Molly Maguire man, and was obliged to leave his country for being concerned with others in shooting at three men in Tipperary.'"
GEORGE PEAPELL (police-sergeant, S 28). On Saturday morning, 10th July, in consequence of these statements, I went to Green-street, Shenley—Cahill went with me—he took me to a place where a fire had been lighted by the side of the road—it appeared that a fire had been kindled there—I found in a ditch near there, part of an old cup, and the bowl of a tobacco pipe—on 12th July, as we were going towards Barnet, Cahill made a statement to me—he pointed across the fields, and said, "That is where the mould was made"—I went and found a quantity of plaster of Paris on the grass, and he stated that there was part of an old bottle which had contained oil, which I found there.
Flanagan's Defence. I was in a public house a few miles from Barnet; this man offered a sixpence, and it was refused; he told the landlady he had it from his master; I went out, he followed me; I told him I was going to seek work; he said he was going towards Barnet; I asked him if he knew this sixpence was bad; he said he did, and he had it from a person in London; I was going into Barnet, and he asked me to go and have some refreshment; I said I would not go in and have anything with bad money; I had money myself; I afterwards heard he gave a description of me; I was taken, but the officer found nothing on me; if the inspector were here he would state that he reproved the officer several times, for he told this man what to say against me.
CAHILL— GUILTY . Aged 27.— Confined Eighteen Months.
FLANAGAN— NOT GUILTY .
GUILTY . Aged 42.— Confined Two Years.
NOT GUILTY .
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
RICHARD LLOYD . I am a licensed victualler, and live in Long Acre. On Saturday, 24th July, between 8 and 9 o'clock at night, the prisoner came to my house, and two other persons—the prisoner asked for a quartern of gin—I served him—he tendered in payment a counterfeit half crown—I examined it, found it was bad, and returned it to him—he said, "I know where I took it," and he put it into his waistcoat pocket—he gave me a good half crown—I took two shillings from behind, placed it on the counter, and turned to the copper till to give him 2d., and while I was doing that the two shillings had disappeared—I put down the 2d., and he said, "Do you call that the proper change out of a half crown for a quartern of gin?"—I said, "Certainly not; but I gave you your change, my good man"—on his denying it, one of the other two persons that were there said to him in an under tone, "You took up the two shillings, and put them in your waistcoat pocket"—I then said, "I will see what you are made of," and called a policeman—the prisoner and his companions then rushed out at another door into the street—when the prisoner came out I seized him and gave him to the policeman—the others got away.
Cross-examined by MR. COOPER. Q. In what state did the prisoner appear? had he been drinking? A. I think he had; I did not take notice of him—when I put down these two shillings the three persons were all abreast—the policeman found a badge—I thought the prisoner came in to treat the other two men—when he threw the half crown down, and I said it was bad, I think he put it in his waistcoat pocket—he said he knew where he took it.
THOMAS MOORE (policeman, F 47). I took the prisoner. I found a half crown in his right hand waistcoat pocket and one in his left—I also found in his left pocket a paper which I gave to the inspector—it contained four half crowns—the prisoner said he was a caiman, and had been carrying a gentleman all day till 5 o'clock in the afternoon—I found a badge on him, and 5d. in good money.
Cross-examined. Q. Did you find how long he had been in his master's service as a cabman? A. Yes; six or seven months.
WILLIAM WEBSTER . These two half-crowns are both counterfeit, and from the same mould—these four in the paper are counterfeit, and amongst them there is one from the same mould as these two, and two of the other three are from the same mould.
Cross-examined. Q. These are pretty good to look at? A. Yes; I am quite sure they are not good.
GUILTY . Aged 28.— Confined Six Months.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
HENRY MOWAR . I am a confectioner, and live in Aldgate. On Monday evening, 28th June, between 7 and 8 o'clock, the prisoner came for 2d. worth of pic-nic biscuits—I served him—he gave a half crown—I gave him change, and when he had left I discovered the half-crown was bad—I went out, but could not find the prisoner—I put the half-crown into a piece of paper, and gave it to the policeman the next morning.
Cross-examined by MR. PAYNE. Q. How long was the prisoner in the shop? A. About two minutes; he said, "I want 2d. worth of these"—I came round and got them—he got them and the change, and he went away—I saw him the next morning at the Mansion-house—I did not go there expecting to see him—I went on a similar case, which had occurred the same day—that person got six months—there has been a Session between that time and this—when I went to the Mansion-house I saw the prisoner sitting down—he had his hat on—I said I knew him by his narrow hat-band, his dirty greasy trowsers, and his whiskers—I knew the man directly—he was not an acquaintance of mine at all—I gained such a knowledge of him by his being in my shop that I knew him again—I was obliged to ask him twice before I could make him hear me—the last customer who was in my shop before him was a girl, who had no bonnet on—I had known her before—I cannot describe any other person who came in whom I had not known.
MR. BODKIN. Q. You noticed the prisoner's dress? A. Yes; he had a black coat, and he had more whiskers on than he has now—I did not go to the Mansion-house expecting to see him—I have not the least doubt the prisoner is the man.
HENRY GIRARD . I am a cheesemonger, of Aldgate. On 20th June the prisoner and another man came in my shop—the prisoner asked for half an ounce of tobacco, and his companion wanted two penny pickwicks, but I did not sell them—the tobacco came to three halfpence—the prisoner threw down a half crown, which was good—I put it in a drawer about two inches deep and sixteen wide—while I was giving the prisoner change, the other man said, "I will pay for the tobacco, give him his half crown back"—I took the half crown out of the till, where I had placed it carefully by itself, as I had a suspicion—I gave it to the prisoner—his companion then fumbled in his pocket for a minute, and he said, "You must pay for it now, for I have not any money;" and the prisoner threw down a bad half crown—I said, "My suspicions are realized, this is bad; I suspected what you were doing"—the prisoner went out—I sent out my wife for a policeman, and I gave the half crown to him.
Cross-examined. Q. Were there other half crowns in the till? A. Yes; and other silver—the half crown I took from the prisoner I put in the till by itself—I had not exactly shut the till—I do not know how many half crowns I had in the till; it might have been two or three.
WILLIAM ROLLS (City-policeman, 636). I was sent for and took the prisoner and the other man into custody—I took them to the station—I found on the other man 4s. 4d. in good money, and on the prisoner one penny and some tobacco—on the Wednesday afterwards I took the prisoner and the other man to the Mansion-house, and they were remanded—on taking them from the Justice-room to the Compter, at the top of Cheapside, the prisoner slipped the iron and got away—he was recaptured on 4th July—the other man was discharged.
Cross-examined. Q. Was the prisoner intoxicated when you took him? A. I do not think he was; he pretended to be intoxicated—when I searched him he reeled about, but he walked very well in the street—he was rather violent at the station.
(The prisoner received a good character; but two officers stated that he had been convicted, and had three months for stealing a handkerchief, and had been associated with persons passing bad money.)
GUILTY . Aged 35.— Confined Eighteen Months.
OLD COURT.—Wednesday, August 18th, 1852.
PRESENT—The LORD MAYOR; Mr. JUSTICE TALFOURD; Mr. Ald. HUMPHERY; Mr. Ald. MOON; Sir ROBERT WALTER CARDEN, Knt. Ald.; Mr. Ald. CUBIT; and RUSSELL GURNEY, Esq.
Before Mr. Justice Talfourd, and the Fourth Jury.
800. FREDERICK HOARE was indicted for stealing 10 10l. Bank of England notes; also, 20 5l. bank notes, and 1 100l. bank note, and 10 10l. bank notes; the property of Abraham Wildey Robarts and others, his masters: to which he pleaded
(Mr. Godfrey, of Charles-street, Hackney-road; Douglas Robertson, baker, of Cambridge-heath; and Peter Kennedy, perfumer, of Queen's-place, Cambridge-heath, deposed to his good character. MR. BODKIN, for the prosecution, stated that the loss sustained through the prisoner was, at least, 1,000l.)
Transported for Ten Years.
801. JAMES BETTERIDGE and CHARLOTTE WEBBER , feloniously setting fire to a dwelling house in the occupation of the said James Betteridge, with intent to injure and defraud the Monarch Fire Insurance Company.
MESSRS. BALLANTINE and BARNARD conducted the Prosecution.
HENRY JUDGE . I was shopman to the prisoner, at his shop in Upper Whitecross-street. I entered his service on 11th June, 1851—he had not another shop at that time, he had afterwards in Chapel-street, Islington—I remember a fire happening at the shop in Whitecross-street on 24th June—previous to that fire the prisoner had spoken to me about a fire being likely to happen—it was four or five weeks before, I cannot exactly say—he talked about his wanting to get some money, and said he was in difficulty—it was something to that effect, that he wanted to get some money somehow or other, and he thought it would be best to fire the place and get some money from the Insurance office—he conversed with me on that subject more than once; he used to speak very frequently of it—I do not remember exactly the words he might have used, but he was frequently speaking that he intended to fire the place, and they were making preparations for it—he directed me to pull down some of the ceiling in the front cellar—that was the portion of the cellar under the end of the counter, near the back of the front cellar—that was the night before the fire—no one was present when he gave me that direction—I pulled down the ceiling that same evening, and put it into a bag and carried it away, and shot it behind Pickford's wharf in the York-road—while I was taking down the ceiling I saw Betteridge, and he said I had not pulled down enough, I was to pull down some more—he told me where to place the rubbish—he told me he required the ceiling to be removed to put some empty barrels and boxes underneath, in order that the fire might get through the shop quicker than it would if the ceiling was not removed—I eased a board under the counter, I mean I wrenched it a little up—it was not loose before I loosened it; it could then be lifted up and down—Betteridge directed me to do that—Mr. Betteridge had an errand boy of the name of William Warner at the shop in Whitecross-street—Warner was not on the premises on the night of the fire; he was sent into the country on the Tuesday before—Betteridge told me that was because he had better know nothing about it—a dog was kept at Whitecross-cross street—it was generally kept in the cellar—he was loose, and could go into either cellar—there are two open doorways between
the two cellars—the dog was not at Whitecross-street on the night of the fire, it was at Islington—I took it there on the Thursday, the day before the fire—I also took some goods and a coffee box—there was some tea and two boxes that were taken from the house—what they contained I do not know—they were not stock from the shop, but something from the house—there were two boxes of tea, the coffee box was empty—it is a box which stands on the counter, with three partitions in it for ground coffee—I believe it was a japanned box—it generally stood on the counter, or somewhere where it might be seen—it was a very good box—there was another coffee box at the shop in Whitecross-street that had been there from the Tuesday night before—it came from Mr. Rose, in Old-street-road—I went there by Mr. Betteridge's direction to fetch it—I paid 3s. for it—he had told me how much I was to pay—the time I took the coffee box to the shop at Islington was the last time I was there before the fire— Betteridge directed me to pile up the boxes and chests in the cellar underneath where I had taken the ceiling down—I did so—I placed several empty barrels, and tea boxes, and sago chests, that I fetched from the yard, and some chest lids from the shop—I did not place anything else there, besides the boxes—there was no paper there; after the shop was closed, I put some paper near the cellar door—the shop was closed a little after 10 o'clock—Mr. Betteridge and his housekeeper Charlotte Webber were present when I placed the paper there—Mr. Betteridge told me that it was put there for whoever went down to light it—Webber was present, but she might not have heard that said—we all had supper together that night; and I went to bed a little after 11 o'clock—Mr. Betteridge told me I was to go to bed, and he would call me before the fire got dangerous—I mentioned to him about my clothes—he said there was no chance of its going so far as the top of the house where I slept—I do not know whether either of the prisoners went to bed that night; I went to bed and left them up,—I was called up by Mr. Betteridge, I should think between 12 and 1—he had on his trowsers, shoes, shirt, and braces—I also saw Webber; she was in the same room with Mr. Betteridge; that was the second floor front—she had not her gown on, but she had some underclothes on; what they were I do not know—I went down into the second floor front room, where the prisoners were—the engines had not arrived at the time I entered the room, nor had the fire escape—before they came, and before any one had given the alarm, Mr. Betteridge said to Webber, "Had we not better give the alarm?"—she told him not to be a fool, to let them find it out—I believe the police gave the alarm, there was no alarm from inside the house; the fire escape afterwards came, and by that left the house—we went over to Mrs. Seward's, on the other side of the street, for a time—Mr. Betteridge came there, but did not stop there—we went back to the shop; it might have been an hour after, I cannot exactly say, it was as soon as the fire was put down-next morning Webber told me that she lit the fire because Betteridge was a coward—she told me the fire was lit about 12—since the fire Betteridge has conversed with me about it—he said it was put out a quarter of an hour too soon—on the Wednesday after the fire I went to the Monarch Insurance Office—Mr. Humphreys, the surveyor of the Company, was at the shop; and said he wanted me to go with him and Mr. Fogo—the prisoners knew that Mr. Humphreys had asked me to go there—I saw Mr. Jay, Mr. Humphreys, and Mr. Fogo there: I made a communication to them—on my return to Whitecross-street, the prisoners asked me where I had been to; and I told them: and what was said, and I told them—they were both present—I told
them that the people at the office knew nearly all about it; and Webber said they did not, they had only been pumping me—she asked me if I had said why I was to take the ceiling down,—I said, "Yes,"—and she said, if I had not said why I was to take that down, she could have got us out of it by saying that the ceiling fell down into her washing, while she was washing—I know a boy of the name of Ensor—I did not give him anything the day before the fire—I saw some books given to him by Mr. Betteridge; they were the shop books; I believe one was a ledger, what the others were I don't know.—(A plan was here produced, and the witness pointed out to the Jury the different portions of the premises, and the position of the fire.)
COURT. Q. Were there any lodgers in the house? A. No; the place where I pulled down the ceiling was in the front kitchen, underneath the counter—we generally sat in the kitchen, except on Sundays—the kitchen is behind the store room—the store room is the front room first floor, and the kitchen is behind the store room up one pair of stairs from the shop—then there is the sitting room and a bedroom behind it, where Webber slept—m y master's bedroom had been the store room until the day before the fire; then he removed into the sitting room on the floor, that is a story higher—when I first went into the prisoner's service, Webber was in the country for two months—I was not an apprentice.
Cross-examined by MR. PARRY. Q. How old are you? A. I shall be seventeen next Oct.—I had been with Mr. Betteridge for twelve months on the 11th of that same month, acting as his shopman during the whole of that period—he was carrying on business at 152, Whitecross-street—he had no other shopman but me and Warner—he was there before me, he is rather younger than me—before I came to Mr. Betteridge I had been living at Wat-lington, in Oxfordshire—I was in service there at a grocer's for three years within a few days, that was my first situation—I had two masters in the same shop—I can read and write—I have not received a very good education—I do not mean that I was very badly brought up—I went to school—I was not in the habit of going to Church, generally to chapel—I was in the habit of going to chapel, not with my master and friends, I generally go by myself—I saw the contents of the parcel that was given to Ensor, I saw it being done up; it was done up in my presence—empty barrels were occasionally kept in the cellar—Webber was in the habit of washing in the back cellar, not in the cellar where I took the ceiling down—there is an opening from one cellar to the other—she has complained of the ceiling falling on her washing, but not in the part where it was pulled down—I do not know that Warner had been promised a holiday for some time before—it had been spoken of about his going into the country long before—his friends live in the country—I do not know that he had asked to go, he had been spoken to about it by Mr. Betteridge, I cannot say how long before—it might have been two or three months, I cannot say—there was a dog there—I do not know what kind of dog it was, I do not understand dogs—I do not know whether it was a terrier—I know the difference between a terrier and a Newfoundland, it was not a small dog, it was more of a bull-dog, I should suppose—I cannot say what it was, it might have been a bull-terrier—I had 5s. a week wages, and my board—I do not know that Mr. Cook bad complained of the rats at Islington, and asked for the dog to come there—I know that the rats at Islington had been spoken of, and he had a dog there that killed rats—there was one dog at each shop—there was a complaint made that the rats had actually bitten through the gas pipes at Islington.
Q. Don't you know that one dog was not enough for them, and another
was required? A. Well, the one that was at our place would not touch a rat, or go anywhere near it, to my knowledge—I have seen him run away from a rat—I only knew Mr. Cook from his being with Mr. Betteridge—he had been with him about six weeks, or it might have been more—it was four or five weeks before the fire that Mr. Betteridge first began to speak to me about it—I was not in the habit of going out with Cook; I assisted in cleaning the shop at Islington with Cook before it was opened—I did not take my meals with him then, I came down to Whitecross-street to meals—I was there nearly all one day, and I think I was there a little time after that—I was not in the habit of going out with Cook at any time, not to my know, ledge—I do not remember that I have been out with him—I have never been out with him of an evening, nor of a Sunday—I have certainly walked with him little way towards his house; the way I was going—he lived in River-street, King's-cross—I have been to his apartment there—I do not know who he used to go and see there—I have been there two or three times; he did not invite me, I think I called upon him; I do not remember that he invited me—I have never spent the evening with him there, merely called for a short time—I have not been there with him on a Sunday, not at all that I remember—I have never spent the Sunday with him—there was a woman living in River-street, I do not know her name—I have not, to my knowledge, been there with Cook, except the two or three times that I called there—if I had spent a Sunday with him I could not have forgotten it—I have been with Cook since this matter was investigated at the Police-court—I was with him at Islington, in the same shop where he was—that was after Mr. Betteridge was taken into custody—I think I was in the shop with him nearly a week—he and I were carrying on the business with a young man named Chalmers, who came there on the Saturday night—I have been at Cook's house since that, I do not know how many times; it might have been two or three times perhaps—it has not been a dozen times, I swear that—I went there to visit him; I used not to spend the evening with him, nor the day—I went there merely to speak to him, to see him—I might have had business with him—I went to see him—perhaps I had not any business with him—I do not remember that I had any particular business with him, perhaps I had not any—I went to see him as a friend—I have not spent any Sunday with him since, or taken any meals with him—I have had a cup of coffee at his house one morning—I was there about 10 o'clock, not to breakfast; I had had my breakfast—besides that, I do not remember that I ever drank with him before or since—as near as I can recollect, I think it was between 12 and I when I was roused out of my bed on the night of the fire—I am not able to say whether it was nearer 1 than 12.
Q. Have you ever been spoken to by Mr. Betteridge about going down into the cellar with a candle? A. Yes, not often; perhaps I have more than once—he has not blamed me for that—he has blamed me for doing things in the shop, if I did anything wrong—that has not been very often of late—he told me after the fire, that I was to say that I went down into the cellar with a candle—he told me to say that—I have mentioned that before—I have not told it to the attorney for the prosecution—I do not remember that Mr. Betteridge has complained of my going down into the cellar with a lighted candle—I went to bed on that night, knowing that the fire was going to happen, I undressed myself, and latched my door—no one could get in from the outside without forcing the door open—I went to sleep, and was roused out of a genuine sleep; I did not sham sleep, I could not help going to sleep; I tried to keep awake—some of my clothes were in the bedroom.
Q. Were you not so fast asleep when Mr. Betteridge came up stairs, that he was obliged to force the door open in order to rouse you up? A. Yes, he did force it open; the prisoners and I escaped by means of the fire escape—the escape man and the police were there at that time, not the firemen—the engine had not arrived—there were a few persons outside, not a great many, not so many as might have been thought—I cannot say whether Mr. Betteridge had his stockings on.
MR. BALLANTINE. Q. I understand you to say that you came from Watlington, in Oxfordshire? A. Yes; Mr. Betteridge comes from the same place—I did not know him there—I knew who he was before I went into his employment—William Warner, who was with him, wrote to me, to ask if I wanted a situation—I had no friends in town—I had a friend living in the Kingsland-road—I have been at Watlington for four weeks since the prisoner's committal, sometimes with my old master, and sometimes with my friends—my father and mother live there—I did not intentionally go to sleep on this night—I had been at work during the day, and fell asleep without intending to do so—my door was not difficult to open; it might be forced very easily—some of my clothes were in my bedroom; the others were at Islington—I took them there myself, because I thought I would not stand the chance of their getting burnt.
COURT. Q. What time did you generally go to bed? A. Between 11 and 12 o'clock generally; I did not sit up later than usual on this night—I generally took my meals with my master, and the female prisoner also—we did not breakfast, dine, and sup together—we very seldom had breakfast together—Warner and were generally up before the others, and we generally had our breakfast before them—Webber was very seldom up before us—we got up about 7, and I generally opened the shop, and Warner lighted the fire—we supped together on this evening—I did not drink more than usual—I never drink any intoxicating liquor, I did not drink any beer, I never take any; I choose to go without—it was before the fire that I was assisting Cook in cleaning out the shop at Islington—I have had no quarrel with my master of any kind, or with the housekeeper—he has not found fault with me for the last three or four months—I had not had any blame that I remember—I was not his apprentice, nor was Warner, that I know of.
WILLIAM JOSEPH COOK . I formerly lived at 46, Chapel-street, Islington. I was employed there, as shopman to the prisoner, from the commencement of May—that was about the time the prisoner took the shop—we were not doing the trade we expected we should do—about the 10th May the prisoner told me that he contemplated setting fire to his house and premises in White-cross-street; that he should do it for the sake of claiming a greater amount from the Insurance Company than he was insured for, or the goods that would be destroyed rather.
Q. What did you say to this? A. I made no remark particularly—I heard the conversation—he was my employer—previous to the fire various things were sent from the shop in Whitecross-street to my shop, various goods, stock for the shop in Chapel-street—no books were sent—a dog was sent the day previous to the fire, or the same day—he told me he should send it up out of the way—he also told me that he should send the lad Warner out of the way for a holiday into the country—two chests were sent to me the day previous to the fire, I believe, and some tea—there were clothes in the chest belonging to Webber, and some belonging to Mr. Betteridge—neither of them slept at my house—I remember receiving a coffee box a day or two previous to the fire—it was sent up from the shop in Whitecross-street—I
did not know that it was coming until it arrived—Webber afterwards came up to remove it, as inquiries bad been made respecting it, and she removed it from where it had been deposited and hid it in the cellar below the shop—that was after the fire; it might be three or four days after—she said she was sent up by Mr. Betteridge to secrete the tin—it had been placed in a room up stairs—she had it brought down and she hid it in the cellar—I did not see it afterwards—I saw her go into the cellar with it, and there is no outlet besides; she could not have gone anywhere else—I saw Mr. Betteridge the night after the fire, and he told me of the fire—I said I had heard of it, and asked him if it was burnt effectually or thoroughly destroyed—he said, no, it was not, it was discovered too soon—he afterwards told me that if any inquiries were made respecting the two chests, I was to say they were my property—he told me that Judge had been taken to the Monarch Fire office to be examined, and he was afraid he had told too much, or words to that effect—Webber came to me on the Friday afternoon, as the fire took place in the morning, to change her dress—she requested one of the boxes to be taken up stairs—it was taken up stairs, and she changed her dress and left the place—she did not say anything to me before leaving—after the first examination before the Magistrate she came up to Chapel-street, and asked me what I should do or what I should say if I was examined or asked any question—I said I should tell the truth, and she remarked that there was not a hole for them to creep out of—I did not know anything of Mr. Betteridge's affairs, only from what he told me about the time of commencing, that he was rather embarrassed—he did not say that he was short of money, but that he had been refused an extension of credit at a certain house he dealt with, and they wished him to reduce his account, which he bad done.
Cross-examined. Q. Had you given any information to the fire office? A. I had a communication with Mr. Jay, I think on the Tuesday following the fire, but I will not be certain as to the date—I believe Mr. Jay is the manager of the office—I believe I had no communication with him before that—I should be sorry to swear it—I have no memorandum to the effect when I saw him, that I am aware of, only by recollection—it must have been either on the Monday or Tuesday I am quite certain—the fire happened on the Thursday night.
Q. And on the Monday or Tuesday you made some communication to Mr. Jay; did you go to the office yourself? Witness. My Lord, am I bound to answer that question?
COURT. Certainly. Witness. Well, I did.
MR. PARRY. Q. What made you ask my lord, "Am I bound to answer that question?" what was your motive? A. I do not know that I had any particular motive; I swear that I had no particular motive—I am about thirty-seven years old—at the time I was at the shop at Islington I lived in the house, I had one room there—I did not live anywhere else—I had my meals cooked, and sent to me, and I had other things done for me—I had not known Judge before I went there, only by seeing him behind the counter in Whitecross-street—that was, I think, about last Christmas—I do not think I saw him there before that, because I was engaged in another situation—I left my situation last Christmas, and I called on Mr. Betteridge because I had known him, and transacted business with him—Judge had never been in my company at all before I came to Islington, I merely saw him behind the counter—he was sent to Islington to assist me on Saturday evening when we were busy—we opened on a Saturday—after that Judge was not in the habit of seeing me, or being in my company, only when he was sent by the prisoner on business—I will swear
that—there is no mistake about that—I know River-street—I lodged at 23, River-street, previous to going to Chapel-street—I was not in the habit of sleeping there while I was in Chapel-street—I used to go there to get something for dinner next day, and come back to the shop and sleep—I might have a bit of supper there, and go back to my own place to sleep, because I had no one to cook for me at the other place—Judge has been to River-street to see me since this occurrence; he knew where to find me—I have no recollection of his calling on me there whilst I was at Islington—he might have called on a Sunday—I would not swear that he has or not—he has perhaps called on me three or four times, or perhaps more, since the investigation at the police court—he had no particular business with me—he merely called as a friend, I suppose he is a stranger in London, he has no relatives here, nor have I—a Mrs. Cableton lives at 23, River-street—Mr. Betteridge never complained to me that I had let her have some tea without paying for it—he never said a word to roe on the subject, I can explain the circumstance you allude to—the party I had appartments with was in the habit, from the first commencement of our business, of ordering a few things every week, which was regularly entered—I believe hers was the first order in our book—she gave an order for two quarter pounds of tea to be sent in one parcel—she brought the tea back in the afternoon, and said, before the parties in the shop, "You have made a mistake with my tea"—she took it out of a basket and I did it up in two quarter pounds, and she carried it home—no complaint was made about that, but a person called that night and said that he had followed Mrs. Cableton from the shop, and tried to make an accusation against me in the presence of Mr. Drew, who is sitting there, it was about 12 o'clock at night, I do not see the person in Court who made it—Mr. Betteridge did not make any complaint—he was then in custody—Mrs. Cableton is a married person—her husband is away at present, and is expected home soon—he has been away for some months—I am not married—before I came to Mr. Betteridge I lived in the Gray's Inn-road, with a Mrs. Palmer, managing a business—I was there rather better than twelve months—I have been for a short time on the Croydon and Epsom railway—no other—I was discharged from there in consequence of a reduction taking place in the number of hands for the winter months—that was the reason given me—I had been there about four months—I have been at Exeter—I was there perhaps a month or six weeks—I was never on the Great Western line, or any branch of it—it was about 10th May that Mr. Betteridge made use of the expressions to me about contemplating the fire.
Q. You never communicated with the fire office until it had happened? A. I did not know what office he was insured in till after it had happened—I made an inquiry the week before, but did not find out—when I say I made inquiry, allow me to explain, the shop in Chapel-street was about being insured, and the policy was sent back in consequence of the name being spelt wrong, and some other errors in it, and I merely asked if the policy had come from the same office—that had no reference to the fire.
Q. But at that time you knew the fire was going to happen, according to your account? A. I knew the prisoner had spoken of it, but I never thought be would have nerve to do it, and I have said so before—I have lived at Brighton, in Weston-street; I carried on business there—I left suddenly without paying my rent, but I left stock to pay it, and the rent was partly paid when I left, if not nearly all paid—my creditors inquired after me, and I instructed one to sell the goods and to pay themselves, and they were paid as far as it would go—I left early in the morning, by the 6 or 7
up train; I do not know which it is, three or four years ago—I took the key of my shop with me as a matter of course—I cannot say what amount of dehts I owed at that time—I do not know how much was paid—I never had any account given me, and never inquired for it.
MR. BALLANTINE. Q. Have any proceedings been taken against you for the recovery of anything beyond what you left stock for? A. No; on the other hand I have since done business with one or two of the parties, they gave me credit, and would be glad to do business with me again—they know where to find me; it is no secret—no proceedings of an adverse character have been taken against me—one party who supplied me in Chapel-street knew and recognised me.
Q. Am I to understand you to say that you did not believe the man would set fire to his house? A. I thought he never would have nerve to do it, as I said before—I first learned that he was insured at the Monarch, on the Saturday after the fire, and either on the Monday or Tuesday I made a communication to them of the facts—I had a communication with Mr. Jay—I was lodging with this Mrs. Cableton; I had the use of a room, and she cooked for me, and attended to my linen and so on, previous to my going to Chapel, street; there is no other connection between us whatever—her husband is a petty-officer in Her Majesty's service, so I have been given to understand, and at present on service—I believe she was the first person who opened an account with us at Islington—at the time of the transaction about the tea, which has been mentioned, Mr. Betteridge was in custody, and I have never seen him since—Mr. Drew was in the shop at the time the person came and made the complaint—Mr. Drew was acting for Mr. Betteridge, as he told me, and had his affairs assigned over to him—he gave me my discharge from Chapel-street—I think he is acting as attorney for Mr. Betteridge, that is the gentleman (pointing to him)—when I was discharged from the Croydon and Epsom line the inspector told me that those who had been the last taken on were the first to leave when a reduction took place.
COURT. Q. Did you keep on the lodging in River-street, after you went to Chapel-street? A. No; but I paid Mrs. Cableton for washing and cooking for me, and I used to go there on a Sunday to meet her brother, and drink tea and dine with him—if Judge came there he would find me there, but I have no recollection of his spending an hour or two with me—I do not recollect ever giving him any coffee there—I might if I was having breakfast, but no invitation ever passed that I am aware of.
JOHN ENSOR . I live at 11, John's-row, St. Luke's, with my cousin. I know Betteridge's shop, in Upper Whitecross-street—I remember the fire there—I called at the shop the night before the fire—my mistress sent me into Whitecross-street to buy some meat, and I called into Mr. Betteridge's, to speak to Henry Judge—Mr. Betteridge was in the shop, and gave me a brown paper parcel—I do not know what it contained—I chucked it behind the counter, at my cousin's, and do not know what became of it.
Cross-examined. Q. Had you been in the habit of going backwards and forwards? A. Not very often; I called in as I was going by, as a friend—I sometimes went there on errands for my master, who is a greengrocer and cheesemonger—parcels were sent backwards and forwards—we had chicory from there, which we used to put into the coffee—we did not get sand for the sugar there; we never use it.
HANNAH ANN ROSE . I am the wife of Mr. Rose, a fixture-dealer, of Old-street-road. I remember seeing Betteridge at our shop once previous to the fire—he agreed to buy a coffee-box for 3s.—it was fetched away in the
evening, by a young man, who I believe to be Judge, but I cannot speak positively—I do not know the date—it was either the 23rd or 24tb, not more than two days before the fire—it must have been between the 21st and 25th—some pieces of a box were shown to me at the police-court which were about the size, and I believe them to be the same.
Cross-examined. Q. What was the box? A. It was for keeping coffee in; all coffee boxes are made much alike—I never saw one brown—this was an old one—it was such a box as a grocer might innocently use.
JAMES SEYWARD . I live at 149, Whitecross-street, exactly opposite to where the prisoners lived—I knew him previously, as keeping the shop—Webber was called his housekeeper—I do not know anything further—I asked them over to my house on the night of the fire—I did not notice particularly how they were dressed, but I know Mr. Betteridge had no coat or waistcoat on—he put them on in my passage—they remained at my house until the fire was all over—I did not notice anything pass between them—he was not up stairs much; he was down stairs with me—the woman did not seem much alarmed—she seemed to laugh at young Judge; she smiled at him—that was while the fire was going on—I have every reason to believe that the prisoners used to sleep in the same bed—I have seen two people in bed together, and have kept my children from the window, because I would not allow them to see things which I have seen—there was no other woman in the house.
Cross-examined. Q. You say you saw this woman smile at Judge, did the cat come in at the moment? and were they asking if the cat had been burnt? A. I did not hear it; Mr. Betteridge seemed very much alarmed.
WILLIAM THOMAS . I am a carman, of 2, George's-row, York-road, St. Luke's. The yard of my house comes down to York-road, which is at the back of Pickford's wharf—on the morning of 25th June, I found some white mortar, which appeared to be ceiling stuff, in the roadway, against the wall—it was not there the night before—it appeared to have been shot out of a basket.
GEORGE FOGO . I am foreman of the district A, of the fire-brigade. I went to the fire about 2 o'clock in the morning; it was out then—I was with Alfred Wilson, and John Crampton, who have since met their death by being crushed in a fire—I examined the premises with a view to ascertain how the fire originated—(I had not then heard any account from the boy)—I considered it originated in the front cellar—there was an aperture in the floor of the shop, at the end of the counter; and the flooring was burnt at that part—the end of the counter was burnt off about two feet each way—the aperture appeared to have been opened purposely for the fire to go up—the boards appeared to have been loosened by some parties, and they were loosened by the fire as well—it was burnt through in one portion—those boards formed part of the fabric of the house—there were boxes and things piled up under the aperture; not immediately under it, but a foot or so from it—the fire would pass through the hole as through a funnel, which carried it into the shop—one board was burnt through, and the adjoining board was loosened, as though it had been prized—I concluded that the fire came from the boxes—the boards were not burnt immediately over where the fire was—if there had not been a hole, it would have burnt immediately over the fire, instead of burning where it did, which was a foot and a half or two feet on one side—the opening caused a current of air to carry the fire into the shop—I was led to suppose, by the end of the counter, that there had been two fires—at that time I did not know that a portion of the board had been prized; that would account for all the appearances which presented
themselves—the fire had burned the basement of the shop, and the house was severely damaged by heat, and it had burnt all the goods in the shop—the flooring'of the shop forms the ceiling of the cellar; it was burnt through, the joists were charred—six or seven feet square of the flooring and joisting were actually burnt—the fire must have arisen in the cellar, at the staves, tea-boxes, and chests, immediately under where the greatest action of the fire ran—there were no combustible materials there which could have caught light; it was merely kept as a lumber place—most of the boxes were lying under where the fire was, or within two feet of it; but there was a vast deal of water from the engine, and that might have washed away some—there was a copper in the back cellar; it had not, in my opinion, been recently used for washing; the flue was broken down—there was a ceiling to the back cellar; a portion of it was broken.
Cross-examined. Q. How long had the engines been playing before the fire was extinguished? A. I got there at 2 o'clock, it was extinguished then—the water injured the stock in the shop, but it was not displaced—Judge and Mr. Cook were examined at the police court before I gave my evidence—it was my opinion originally that two fires had taken place—the flooring at the back of the counter was entirely burnt, about two feet square I should think—some portion of the board which was prized was burnt—it was lifted up—it was near to the aperture at the end of the counter—I did not notice any nails in the board that was lifted up—I looked at it without touching it, because I would not displace it—from the basement, the joists over your head were very much burnt—the fire would have gone up between the joists which go through a party wall, and up at the end of the counter, which caused a thorough draught, and the fire would rush to it—that is my opinion—there was no other draught, and no other trapdoor open—I do not think there was any window—I saw no light through—there was no trapdoor that I am aware of—I did not examine to see if there was one—I had no occasion to do so, in my opinion—I saw there was no place to see daylight through—there are open iron gratings under the window, but it appears to be filled up, as no daylight can be seen when you are in the cellar—I did not examine it at all, I had no occasion—I was there two hours, or two hours and a half.
MR. BALLANTINE. Q. You have said your opinion originally was that there were two fires; where do you suppose them to be, one in the shop and one in the cellar? A. Yes; one at the end of the counter, in the shop, and one in the cellar—I did not find the boxes piled up, they all appeared to have been burnt more or less—there were no boxes immediately under the hole, they were about two feet and a half or three feet from it—there were marks of fire immediately above the burnt boxes, but it did not penetrate through there, but seemed to have gone towards the hole—the ceiling was not burnt through until the hole was reached—the loosened board was that nearest the burnt boxes—I account for that by the fire going up and passing over a wall which is between the two cellars, crossing the house parallel to the street—the fire did not go into the other cellar at all—the joists rest on the wall, and formed a kind of funnel for the fire in passing over the wall—the floor comes across the reverse way, and a current of air goes across the wall, to where the board was loosened, and where the hole was—there were marks of the fire as if it had gone through there.
COURT. Q. Supposing there had been no air admitted by the board being prized up, then the natural action of the fire would have been in the cellar? A. Yes; but as it was, it burnt into the shop, the aperture would let in the air, and the fire would go that way.
RHODES MOULD . I am clerk, at Clerkenwell Police-court. I took the evidence of Alfred Wilson, and John Crampton; they signed their depositions—the Magistrate's signature is attached—the prisoners were both present —(read—Alfred Wilson on his oath says, "I am one of the fire brigade—on the night of the fire I was called to Betteridge's house—I got there about a quarter to 2 o'clock—the fire was then burning—there was a fire in the shop and in the cellar—the fire must have either burned through the raised board from the cellar, or there must have been two fires—the boards directly oyer the great body of the fire were not burned through—three feet of the end of the counter where the board is raised is burned—I should say there bad been a greater fire in the cellar than in the shop. Alfred Wilson."—John Crampton on his oath says, "Jam one of the fire brigade—I was at the fire at the prisoner's—after the fire was over, the prisoners, and Judge came to the house—they remained there the rest of the night—neither I nor the other fireman went up stairs after they came home. John Crampton.")
PETER BELTON . I live at 46, Hatton-garden, and am agent for the Monarch Fire Assurance Company. I have an entry in my day book of a policy—it is in my nephew's handwriting—I believe I have not seen the prisoner at all about that policy—I have been paid the premiums for 1850, 1851, and 1852, I presume, by the prisoner—it was paid to my nephew.
JOHN BELTON . I have received payments from the prisoner on account of a policy of insurance—to the best of my belief the policy was issued in 1850, and it has been renewed annually since—he has paid up the insurance—I forget the amount of the policy—I think the annual payment was 26s.—that would cover 400l. of ordinary goods.
Cross-examined. Q. That might consist of stock, plate, furniture, and so on, anything that might be separately specified in the policy? A. Yes.
COURT. Q. It would not be, of course, upon the house? A. Not on the building, only the contents—ours is also a life insurance-office—this was a fire insurance.
CHARLES HUMPHREYS . I am surveyor to the Monarch Fire-office, and live at 61, Leaden hall-street. I produce a claim made by Betteridge; I saw him afterwards upon it—he claims 164l. 15s. 2d.—among the things claimed for I rind 1l. charged for a coffee box—I first saw Betteridge about the matter on Friday morning, 25th June, the morning after the fire; I asked him if he could account for the fire, and he said, "No;" he supposed it might have been from the gas, a gas burner being over one end of the counter, which was burnt—that was the only way in which he could account for it—I asked him to let me have his claim on the following day—he promised to do so, but. I did not get it from Churchill, his agent, till the Monday following—on the Tuesday I went to assess the claim—I did not examine the premises, I examined the stock; the insurance being on the stock, fixtures, and furniture—I think clothes were not included in the insurance; there is no item in the claim for clothes—I noticed the remnants of a coffee canister, and gave it into the hands of a policeman, who now holds it—on the Wednesday morning, in consequence of information I received from Mr. Jay, I asked Betteridge where he had purchased that canister—he said he had purchased it of a hawker that came into his shop about three or four months previously—I asked if he could tell from whom—he said he could not; it was a stranger, who came into the shop hawking goods—there is only one canister charged for—as far as my recollection goes, I think he said he purchased this because the former canister was worn out, but I will not say positively—I went down into the cellars to examine them, that was after we had received the information
—I observed the hole that had been spoken of by the fireman, and like-wise the board (referring to the plan)—this represents the basement story—this is the front cellar, and this the back—the great body of the fire seems to have been near the centre of the front cellar, the under side of the joists of the flooring boards were here severely burned—the two deceased firemen and I were in the cellar, and our first impression was, that there had been two fires, because it was so very much more scorched in one part than another, and we could not account for that, except upon the principle that there had been two fires—then it was afterwards revealed to us that this board on the top step had been prized up—I could see that—the fire had actually burned away the boards in the lower part of the floor—here is an area of about 4 feet 6 inches—the burning away here covered an area of 2 feet 3 inches by 1 foot 1 inch, or 2 feet by 1 foot; making a superficial area of about 4 feet 6 inches upon this area that was burned away; but the intensity of the fire had evidently been here—this fire had not been set alight in a very professional way, because there was no exact funnel, no draught for it—these casks must have burnt for a considerable time, and then have burned the under side of the ceiling; but without that board being raised up, most likely the fire would not have extended into the shop.
JURY. Q. Were there any nails attached to this board? A. It was burnt away—the nails remained, and are there now, I believe.
MR. BALLANTINE. Q. They were there, were they? A. Yes.
MR. PARRY. Q. Did you see them? A. I cannot say that my observation was drawn to the nails exactly.
MR. BALLANTINE. Q. Would this board being prized up account in your opinion for the fire having reached the counter and shop? A. Yes; I do not think the fire would have reached the counter, but for the board having been prized up.
JURY. Q. Do not you think that the fire would have gone to the hole first? A. It did—the great body of the fire is here—the fire had not gone through any of the sound boards.
MR. BALLANTINE. Q. It burnt the adjoining board to the one that was raised up? A. Yes; I think the fire first burnt up, and then burnt down again, having acquired a hold here—it burnt through the board that was prized up—this is the board (pointing it out on the plan)—I saw no marks of anything being used to force it up.
COURT. Q. If I understand you, you do not think the fire would have got at all into the shop by its own force? A. No, not unless a draught of air had been made by raising the board.
MR. BALLANTINE. Q. Was there any other mode by which a draught could have been created except that? A. No; all the other apertures in the walls, both front and back, seem to have been closed by brickwork—there was no window, nor any trap door.
Cross-examined. Q. Did you draw this plan? A. I did, for the office—before I drew it I did not give any notice to the prisoner or his solicitor to attend with any surveyor to watch—I had no instructions to do so, it was ray own impulse to do it; at least I had no instructions from the office to do it; I thought it would render the matter clear—it is customary, if a surveyor has to survey premises that are to be purchased, to give notice to the other side, so that two surveyors may go through the premises, one on each side —I should do so in an ordinary transaction—I did not do so on this occasion—if it had been thought of, or desired, I should have been very glad.
Q. Do not you think it would have been but fair to have done so? A. I
am not conscious of having done anything unfairly in this matter, my attention being now drawn to it I should have been most happy to have met another gentleman—the casks that are put in the plan are merely sketched in, not for the purpose of ornament; they represent what I saw at the time—I cannot say that these casks were there; there were eight casks there on the Saturday morning when I was there; a portion of them were burnt, very considerably, and some not—they were knocking about the cellar—they are put together in the plan, as nearly as I could do it, to afford information—there was a funnel formed by the joists of the ceiling between the cellars and the shop, through which a current of fire would pass rapidly—that funnel led towards the part that was burnt—the flooring was burnt to the extent of four foot six, superficial—I am sure there was no window to the front cellar—I examined for the purpose of seeing, and there was none—there had been an aperture, but it was bricked up, both back and front—I should think from there being no other aperture the fire would pass through this funnel with the greater rapidity—there was no trap door, or any iron grating, through which a light could get into the cellar—I examined on the Saturday, with reference to that—if there was any iron grating it must have been bricked up, it was not visible—I do not think that great heat could cause wood to bend, there is not much expansion in wood.
Q. Have you not known instances in which there has been a severe fire on one side of a street where the shutters of the houses opposite have actually been bent by the heat? A. I have seen the paint blistered, but here where the great portion of the fire was, the floor was intact, it was not injured on the upper surface—the aperture is under the counter—the fire does not appear to have ascended through the ceiling, except by this aperture—I should say that heat does not bend wood—I have not known the shutters of a house opposite a fire bent by the heat without being burned—I do not know of any such instance—I do not believe it could be possible, except it was unseasoned wood.
MR. BALLANTINE. Q. We have heard a good deal about a funnel; if there had not been some aperture in the floor, would there have been any draught in the cellar at all? A. None whatever.
COURT. Q. In your judgment, is it possible that the action of the fire could have raised up that board? A. No; I think not.
(The prisoner Betteridge received a good character.)
NOT GUILTY .
NEW COURT.—Wednesday, August 18th, 1852.
PRESENT—Mr. Ald. HUMPHERY; Mr. RECORDER; Sir ROBERT WALTER CARDEN, Knt., Ald.; and Mr. Ald. CUBITT.
Before Mr. Recorder and the Fifth Jury.
GUILTY . Aged 26.— Confined Four Months.
MR. PAYNE conducted the Prosecution.
night, 12th July, I went to bed between 11 and 12 o'clock—I fastened up the house—I fastened the front door by bolting it at the bottom—I had some copper money in my house that night in a cupboard in the shop parlour—there might have been five or six or seven shillingsworth, in a measure in the cupboard—I was awoke by the policeman about half past 2 in the morning—I went to the cupboard and found it was open and the money was missing—the cupboard had been locked the night before—I went straight down to the door and found it was open—I cannot say in what way any one got into the house—there is a fanlight over the door, which was let down the night before, but not fastened—it is big enough for a man of the prisoner's size to get through—I had glasses, decanters, and other things in the house on the night before, in the front room up stairs.
COURT. Q. Were you the last person up in the house? A. I cannot say; the servants might have been up later—I saw the cupboard locked just before I went to bed; I had the key—I had put the money in just before closing the door.
RICHARD PEARCE (policeman, S 306). I know Smith's-place, Skinner-street, St. Pancras. I was standing at the corner of it on the morning of 13th July, about half past 3 o'clock—I heard a sound as of a door opened—I turned my head and saw the prisoner coming out of No. 29—there was one shop between that house and where I was standing—I stepped forward towards the prisoner—he immediately ran away—I got within one or two yards of him, and followed him till he went into a house, 10, Wilstead-street—I did not lose sight of him till he got into the house—I followed him up stairs—he ran up to the second floor; I went up after him—I heard a sound as of money—I found the prisoner on the landing—I took him into custody—when I brought him down I saw another officer—it was dark on the staircase but light in the street—I told the officer that I suspected the prisoner had thrown something away up stairs, and he had better go and look for it—he went into the house.
Cross-examined by MR. COCKLE. Q. When you heard the door open, you were looking the other way? A. Yes, and I turned immediately—I did not find anything outside a door in that street—the moment I turned I saw the prisoner come out of the house—he stepped into the street momentarily, I am perfectly sure of that—I did not see anything in the doorway—I had been at the corner of the street—I did not tell the policeman that it was either that house or the corn chandler's house—I told Abrahams that I saw the prisoner come out of the prosecutor's house; I did not say either the prosecutor's house or the corn chandler's—I am positive of that.
COURT. Q. You told Abrahams where to go? A. Yes; I told him I saw the prisoner come out of Evans's house—I knew the house before—I had been on that beat.
JAMES ABRAHAMS (policeman, S 296). On Tuesday morning, 13th July, I was in Wilstead-street. In consequence of what the last witness said to me, I went into the house No. 10—I went into the second floor front room—I found there the prisoner's brother and the brother's wife; I knew them well—I found on the floor this handkerchief, containing a quantity of tea, and on the floor this match box—I likewise found on the bed and the floor 3s. 8 3/4 d. copper money, loose—I showed these things to the prosecutor—I went to 29, Skinner-street; my brother constable told me where to go, to Mr. Evans shop—I found there this basket, containing five decanters, one pair of salt cellars, one butterdish, fifteen drinking glasses, some wine and brandy glasses, this tablecloth, and this shift—I found a cupboard broken open, and this knife, which is broken, was near it—all the drawers, both in the front and
back room, had been turned about—the house had been generally rummaged as far as the first floor—this knife had been fresh broken, and the cupboard bad been broken by getting a knife or some instrument in, and forcing the door open—the piece the lock was to was broken right out.
Cross-examined. Q. Did the officer say anything to you about the corn-chandler's? No; he said nothing about the cornchandler's to me.
COURT. Q. Did the prisoner's brother live in the house you went to? A. Yes; in the second floor front room—the brother was in bed, undressed—he was not taken into custody.
Cross-examined. Q. How do you know you lost tea? A. We kept it in a canister in that cupboard, and we missed it—the canister was not gone, but it was emptied—I saw the canister when we took tea about 5 o'clock in the afternoon—I saw it then with tea in it.
COURT to ABRAHAMS. Q. Which room was it you went in in Wilstead-street? A. The second floor front room—I counted seven stairs from there to where I believe my brother officer took the prisoner.
GUILTY* of stealing in the dwelling-house. Aged 26.— Confined Twelve Months.
JOSEPH KINO . I am a turner, and live in Bartholomew-close. The prisoner has been my errand-boy about eighteen months—in consequence of something that had happened, I left five marked shillings on a window stool on 11th Aug.—I watched the prisoner—I saw him come in the room; he had to go to a sink we have in the back parlour, to draw a pail of water—he looked round, and saw the five shillings by the side of the cash-box—he set the water running—he then looked in the front shop—he then made a grab, and took part of the money—he went and turned the water off, and made a second catch at it—he then went and drew about a pint of water and made another snatch at the money—I could not see what he took each time—he then took the pail away, and closed the door—I went to the spot, and the money was all gone—I went and spoke to the policeman—the prisoner did what he had to do, and went out to go borne for the night—the policeman took him, and found on him the five shillings, and my watch which I had missed about a week before—this is it—I had named it in the shop.
Prisoner. It is the first time; I beg for mercy.
WILLIAM SHAW (City-policeman, 224). I took the prisoner to the station, I found on him these five shillings—this watch was in the leg of his trowsers, fastened to the bottom of the trowsers by this chain.
GUILTY . Aged 15.— Confined Seven Days and Whipped.
MR. O'BRIEN conducted the Prosecution.
AARON HUGHES (City-policeman, 345). On 11th Aug., between 3 and 4 o'clock in the afternoon, I was in Fleet-street, close to Middle Temple-lane—my attention was called to the three prisoners, who were going down the lane—Symonds was about ten yards before the other two—I ran and over-took Symonds—I asked him where the handkerchief was that the two boys
gave him—he said they had given him none—I told him I should search him and see—I took hold of his coat, and he put his hand in his side pocket and produced this handkerchief—he said the boys did not give him the handkerchief, but his sister gave it him in the morning—I told him that Mr. Jacobs told me he had seen the boys give it him, and I should take him to the station—he was taken—the other two boys stoutly denied knowing anything about him—I asked him if the handkerchief had any mark on it, he said, "No;" but I found it had a mark—I found on him a knife, two combs, and a pencil.
Symonds. Q. I wish to ask whether I did not pull out the handkerchief before he said he would search me? A. No; your coat was buttoned, I took hold of it, and then you produced the handkerchief.
MOSES JACOBS . I was at the Mitre, in Chancery-lane, on 11th Aug., I saw the two younger prisoners following a gentleman coming out of Serjeants' Inn, and Symonds was following them about a yard behind them, they went just past the Common Pleas-office, and Frost lifted up the tail of a gentleman's coat, and Atkins pulled out a green silk handkerchief, and the moment he did that he gave it back to the prisoner Symonds, who crossed and went as far as Bell-yard—he then crossed and went down Middle Temple-lane, the other two followed him—I followed and collard them all three, and kept them in custody—I collard Symonds first—the policeman came directly, he was just at the corner; I had made a communication to him—I was there when the policeman took the handkerchief—I told the policeman he had got it in his pocket—this is like the handkerchief that I saw taken from the gentleman's pocket.
Symonds. Q. Did you take me before the policeman? A. Yes, I did, and three or four gentlemen came at the same time to assist—I know this is the handkerchief that was taken, because you put it into your left side pocket—I told the policeman you had got it in your side pocket.
COURT. Q. Did you see it plainly enough when it was taken to know that it was the same handkerchief? A. Yes; I was inside the Mitre, looking through the window—there was a man there at the same time, named Andrews, a porter.
Symonds. Q. Have you not been tried yourself? A. Yes, about eight years ago; I was convicted—I have been tried twice—I was honourably acquitted twenty odd years ago—there were nine of us indicted for conspiracy—the Judges have not told me that my evidence was not to be taken—Mr. Baron Parke will tell you to the contrary.
Frost. Q. How could you swear to the handkerchief if you were looking through a window? A. I did see it.
COURT. Q. Do you persist in saying that you took these three prisoners before the policeman came up? A. Yes; I am a law agent—if any case is brought before me, I take it, and give it to an attorney to prosecute—I carry on business at 101, Berwick-street—I have lived there eighteen years—I do not charge anything for introducing persons to an attorney—I get a percentage, after the business is done, on his bill of costs—I am not the lion's provider—I was tried twenty-two years ago, and honourably acquitted, it was in consequence of a fire which took place in my manufactory—it was referred to Justice Patteson, and he gave me 1,044l.—I was convicted about seven years ago—nine of us were indicted for a conspiracy to prefer a bill of indictment, to indict gaming houses—I have no other business but a law agent.
COURT to AARON HUGHES. Q. Do you hear what this man says, that he had the prisoners before you came up? A. Yes, I hear it, but he had not; I
am quite sure of that—Symonds was ten yards before the other two prisoners—I ran and took him, and this man took the two boys, and had them when I brought Symonds back.
COURT. Q. Could Jacobs have had hold of him in Middle Temple-lane? A. No, he could not.
WILLIAM CAMPBELL SLEIGH , Esq. (who happened to be present). This occurred just outside my chambers—I was coming out, and saw the policeman, the other man, and another person, running down the lane—I saw the policeman catch the boys, and take them into custody—I heard Jacobs say to the policeman, "I saw one take the handkerchief, and pass it to the other," and he, with a great deal of zeal, took one, while the officer took the other—the prisoners did not say anything—they did not contradict it.
Symonds' Defence. Jacobs never caught hold of me; no one caught me till the policeman caught me.
NOT GUILTY .
THIRD COURT.—Wednesday, August 18th, 1852.
PRESENT—Mr. Ald. SIDNEY; Sir ROBERT WALTER CARDEN, Knt., Ald.; and RUSSELL GURNEY, Esq.
Before Russell Gumeyand the Seventh Jury.
GUILTY . Aged 46.— Confined Six Months.
MR. SLEIGH conducted the Prosecution.
ISAAC GIBBS . I live at 45, Queen-street, New North-road, and work at Mr. Tirebuck's printing establishment, in Monk well-street. The prisoner was an apprentice there—it is the custom for the workmen to go to dinner at 1 o'clock—there is a room adjoining the shop, in which we dress after washing—a person must come through the shop to go there—there is no open communication with the street—I never go out to dinner, but stop to look after the place—the prisoner was in the habit of going at 1; but on 15th July, having some work to finish, he did not go till half past—from the time the other men went at 1, and when the prisoner went, no one came in—I had a waistcoat hanging up in this dressing room, with a silver watch and chain in it—I saw it safe there at 10 minutes past 1 when I went and got some money out of it—the prisoner's clothes were also in that room, and when he left he went there, put his clothes on, went away, and I did not see him for a week afterwards, when he was brought back by his mother—I went into the room at a little to 2, and found my waistcoat was gone, and the watch—two of the men had then come back, and gone into that room; one of them was still in the room, and I immediately communicated it to him.
Cross-examined by MR. COCKLE. Q. From where you were, could you see into this room? A. I could, if I had been looking that way, there is a window—there is a door from the room into the counting-house—only five persons use the room—I know it was 10 minutes past 1 when I saw it safe, because I went to get the money for my dinner, which I have sent in—the prisoner was the only person who had work to finish that day; he finished it before he left—I saw two men, Porter and Tweed, come in—I do not know where Collins was, he was not there the whole of the dinner-time, he had gone out on an errand; he might have gone out at 11 or 12 for what I know—the prisoner had been away before this, and was brought back by his mother; he had fourteen days' imprisonment for it—I do not know that there had been some words between him and his master on this day—it was not before 1 o'clock that I went to get the money; I was at work till one—I do not get the money some time before my dinner is brought, but it was not brought on this day when I got it—I saw all the men who use that room leave that day—there are other men employed on another part of the establishment—the prisoner has been there about two years, I should think.
MR. SLEIGH. Q. Are you certain Collins went out before the last time you saw your waistcoat safe? A. Yes.
COURT. Q. You say there is a door from the counting-house to this room, is there any other way than that to the counting-house? A. Yes; a person could go to the dressing-room without passing through the shop where I was, but there is a bell on the counting-house door—I had answered that bell between 12 and 1 o'clock—I then left no one in the counting-house—the door shuts with a spring; it must shut—it could not have been opened without the bell ringing—some time ago the door opened without the bell ringing, but it was out of repair then; it was put in repair, and was so at that time—I sat to have my dinner about half a dozen yards from the dressing-room—I should have heard if the counting-house door had been opened.
HENRY PORTER . I am in Mr. Tirebuck's employ. On this day I went to dinner about 1 o'clock; Gibbs's waistcoat was then hanging up right opposite where I worked—I came back about 2; Gibbs soon after came into the room, looked for his waistcoat, and it was gone—I did not see it after I came from dinner.
CHARLES TWEED . I am an apprentice to Mr. Tirebuck. On this day I went to dinner about 1 o'clock, and returned about 2—I was in this room at 2, but did not see the waistcoat—I saw Gibbs go and look for it.
COURT. Q. What time did you go out on the errand? A. Ten minutes past 1 o'clock; I came back at 10 minutes to 2—I did not see the waistcoat.
(The prisoner received a good character.)
NOT GUILTY .
MR. SLEIGH conducted the Prosecution.
EDWARD GOOCH . I am landlord of the Bell Inn, 61, Old Bailey. The prisoner was in our service for six weeks—my wife missed several articles, in consequence of which I told the prisoner I wished her boxes to be searched, but I was not present at the time.
EMMA GOOCH . I am the wife of the last witness. In consequence of missing some property I spoke to the prisoner about it—she said she had not got it, and she had lost the key of her box—she burst the box open herself, took the things out herself, and when she came to the bottom she came to this decanter stopper and brooch, which are mine, but I did not know I had lost them—I went down stairs and found they were mine—the brooch belonged to a young lady who had been staying at our house, but who left before the prisoner came—I locked the room door and sent for an officer—when he came, the prisoner said, "You are a detective officer; you do not search my boxes without your warrant"—the officer insisted on searching her boxes. and in every thing of her own, there were some of mine pinned up—I never gave the prisoner any of the things.
JOSEPH HUGGETT (City policeman, 23). In consequence of instructions I went to Mr. Gooch's, and went into the room where the prisoner was—she objected to my searching her box, but Mrs. Gooch searched it in my presence—I took this handkerchief (produced) out of the box, and she said, "That is mine"—I asked if there was any mark on it—she said, "No"—I looked, and found Mr. Gooch's name on it in ink—I told her I should take her into custody for robbing her master, and she made no reply—I told her husband, who was down stairs at the time, that she was in custody for robbing her master—the husband said, "I did not think it would come to this"—the prisoner said, "I did; I told you so long ago, and I do not care what becomes of me."
GUILTY . Aged 20.— Confined Six Months.
CHICKEN pleaded GUILTY . Aged 24.—He received a good character.— Confined Six Months.
RICHARD LEE . I am in the service of William Leach, who keeps the Stirling Castle, London Wall; we have a bagatelle room. On Tuesday, 3rd Aug., between half past 4 o'clock and half past 5, the prisoners came—they asked me for the bagatelle balls, and I took them up nine balls in a bag—I saw them play and took the score for them—they called for some ale and tobacco, which I fetched them—I left them playing and went into the kitchen—while I was there the play went on, I could hear the balls—I was going up to my bedroom and heard the play cease—I came down directly, in less than a minute, and the prisoners were gone and the balls too—I went down and looked for them, but could not see them—I did not see them again till the Thursday, when they were in custody—I am satisfied the prisoners are the persons.
SHAW— GUILTY . Aged 25.— Confined Six Months.
(There was another indictment against the prisoners.)
THOMAS GEORGE GISBY (City policeman, 245). On 2nd July, at a quarter to 3 o'clock, I was on duty in West-street, and heard a cry of "Stop thief!"—I turned, and saw the prisoner running down West-street—he had passed
me—I followed him into Sharp's-alley, and caught him there—I did not lose sight of him except when be turned, and I was then quite close to him and there were no other persons there—I told him a lad had told me he had picked a gentleman's pocket—he denied it—I told him he must come with me—he hesitated and scuffled a bit, and going up West-street Mr. Usher came up—I asked what sort of a handkerchief it was he had lost—he said red and white—I saw the prisoner put his hand down his trowser leg, and I then took this handkerchief (produced) from the bottom of his trowser leg, and Mr. Usher identified it.
THOMAS JAMES USHER . I am a coach manufacturer, of Long-lane, Smith-field. On the afternoon of 2nd of July, I felt a slight touch at my pocket, and missed my handkerchief—I saw it again in about five minutes produced in the way spoken of by the last witness—this is it.
GUILTY .** Aged 20.— Transported for Seven Years.
MR. COOPER conducted the Prosecution.
ELIZA BARBER . I am single, and reside at 34, Sussex-street, Gower-street—I am employed at M. Claudet's establishment, in Regent-street—in the early part of last year the prisoner came to me, and represented that he was bringing out a work of naval officers, and asked if he brought parties to M. Claudet's to have their likenesses taken, what would we allow him—I told him the percentage, and he asked me to lend him a portrait to show gentlemen the style in which they would be done, and I did so—he never brought the portrait back—after that some gentlemen came, and I allowed him his percentage on one of the portraits which was paid for—the last time he came was in May, as near as I can tell, from 21st to 29th—I am not sure whether he came himself the last time, or whether he sent—I then lent him a small case containing four lady's portraits—I believe the prisoner was not present—the case was afterwards shown me, at the Police-court—this is it (produced)—he was to have returned it in a few days.
Cross-examined by MR. ROBINSON. Q. You say some persons came and had their portraits taken, and you allowed a commission to the prisoner? A. On one which was paid for—I cannot say when I paid him the commission—I lent this case of portraits in May, 1851, not 1850—at first I said I thought it was in April, or May; but on referring to my book, I find it was May—I have the book here—I cannot tell by referring to the book the precise day on which it was—it was Capt. Fitzory's portrait which was paid for—the Bishop of Toronto's portrait was taken, but it has not been paid for, and Sir John Rolt's—we have taken the Earl of Cathcart's portrait, but not it the prisoner's recommendation.
COURT. Q. How do you know when it was by the book? A. Because I find the other entries are perfectly correct to 21st May, when we were busy moving, and I made the memorandum on a piece of paper—none of the pencil entries were made at the time—there are no entries which enable me to speak from 21st to 29th.
HENRY SMITH (police sergeant). In consequence of information, I went in search of the prisoner, and saw him going into his own apartments, in Union-street—I told him I must apprehend him for obtaining a portrait from the Earl of Desart, by false pretenees—he said, "Can anything be done for me?"—I said, "No"—he selected these three duplicates (produced) from thirty-seven others, and said they belonged to another person—one of them
refers to portraits—I knew the prisoner before, and have seen him write—the writing on the back of this ticket is his.
Cross-examined. I believe he has also taken portraits out of pledge? A. Yes.
Cross-examined. Q. Was not the prisoner an agent of yours? A. Not an agent; he has purchased of us on commission—he was not what is called a canvasser—he was not employed directly by the house, but has got orders for works, and had the trade commission.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
ROBERT HOGG . I am a daguerreotype artist, of 432, West Strand—I know the prisoner—about the middle of May he came to me and said he was going into the country, and wished a portrait for a specimen—I lent him one for two or three days—either he or his son took it away—I saw it again last Friday, at the pawnbroker's—this (produced) is it.
Cross-examined by MR. ROBINSON. Q. Do you value this at 1l. 1s.? A. Yes; many persons would give me 30s. for it as it now is—I never saw any work for which the prisoner was getting up portraits—I never saw engravings with bis name printed on the cover—the prisoner introduced some persons to me to sit for their portraits—the last was Mr. Butler, the member for the Tower Hamlets—the prisoner does not owe me any money—he did not a day or two before he was apprehended—I have received 1l. 11s. 6d. from Mr. Butler, through the prisoner's son, since the prisoner was apprehended.
COURT. Q. He came to you for a portrait, to show in the country? A. Yes, and two or three days after he sent a letter; I will not be sure whether the portrait was delivered to him or his son—I cannot say whether I received the note before I delivered it—notes do frequently come when I cannot attend to them, and I say, "Come again;" so I cannot tell whether it was delivered to him or his; but if it was given to the son, it was by the prisoner's authority.
JURY. Q. Did you give it up yourself? A. Yes; I do not recollect to whom I gave it.
NOT GUILTY .
(Upon which MR. COOPER offered no evidence.)
NOT GUILTY .
MR. BRIARLY conducted the Prosecution.
HENRY HANCOCK . I am a butcher, at 78, Minories. I had a hamper of champagne in my cellar, containing four dozen pints; and another in the counting-house, containing two dozen and two or three quarts, and about a dozen and nine pints—on Friday, 2nd July, I discovered the wicker of the hamper in the cellar was open—I put my hand in, and discovered it was
empty, with the exception of five pints—the prisoner has been in my service four or five months—she came at 7 o'clock in the morning, and went when she had done her work—I put the five pints in, looked again on the following Sunday, and there were only four—on the Monday I found the hamper in the counting-house was nearly empty—I sent for a policeman, and in his presence charged the prisoner with the theft, and accused her of taking the one pint—she denied it—I told her to say if she had taken it, for the sake of the old gentleman, my clerk, who came there—she denied it most positively; and said I had been so kind to her, I was the last man she would rob—I then gave her into custody—she asked me if I would accompany her through the streets to her lodging, in preference to the policeman—I did so, and found two empty champagne bottles, with the labels on them—it was worth 3l. a dozen.
Cross-examined by MR. DEARSLEY. Q. How long was she in your service? A. Four or five months; my wife engaged her—I expect she had a good character with her, she is not in the habit of taking persons not recommended—the champagne came in hampers—I did not open them when they arrived—I know they contained that quantity by the warrant which I got from the Docks—I cannot say what I have done with the warrants—one of my sons was not in the habit of assisting me in drawing corks—I have a son who has gone to Australia, but not to the gold diggings—he used not to attend to the wine-cellar—these bottles are similar to mine—I have seen thousands similar.
MR. BRIARLY. Q. Can you tell whether the letters of the French on the bottles are the same? A. Yes; I took a full bottle before the Lord Mayor, and they corresponded—the cellar is open in the day—it opens into the counting-house, which is locked when I have done business—no one but the prisoner had access to it—I believe she used to put dust there instead of the proper place, and to shake mats.
WILLIAM CLAYDON (City policeman, 529). On 5th July I was called in by the prosecutor—he called the prisoner into the counting-house, said he had lost several dozens of wine, and no one had access to it except the little boy and the prisoner, and he felt persuaded the prisoner must have stolen it—she said she had not touched it—he told her he should have her locked up, and have her room searched—she begged of him not to have me to search the room, but to go himself—Mr. Hancock went with her to her house, and I followed—when Mr. Hancock came out again, he brought this bottle, and I took the prisoner to the station—she begged of Mr. Hancock not to lock her up; said she would pay for the wine, and said she drank it, thinking it was either pale ale or cider—I went to her room afterwards, and found this other bottle (produced).
Cross-examined. Q. It is not an uncommon thing for you to receive such bottles of women and children? A. Not at all.
(The prisoners statement before the Magistrate was read, as follows: "I have only to say what I said before; I drank it in Mr. Hancock's place, thinking it was cider or pale ale; I did not know it was champagne.")
GUILTY. Aged 40.—Recommended to mercy by the Jury.
(A witness deposed to her good character, and offered to employ her.) Confined One Month.
JOHN JONES . I am a shoemaker, and live in Ivy-lane. I have known the prisoner since he was eight years old—I was present, thirteen years ago last Christmas, when he was married, at Christ Church, Newgate-street, to Emma Welsh—I gave her away—I have known her living with him up to within a month or two of this time.
MARTIN PAGE (policeman, A 457). I had a copy from the register from Christ Church, Newgate-street—(read—"George Lowe and Emma Welsh married, Dec. 16th, 1838")—I also produce a copy of a certificate from the parish Church of Chertsey—I know nothing of the George Lowe mentioned in that certificate—the prisoner was given into custody by the first wife, on 24th July—she said he was married to another woman, and she was his wife—the other woman's name was not mentioned—the prisoner did not say anything—I brought him to the station, and the inspector told him he was charged with marrying Sarah Chipping, his wife being alive, and asked him if that was the case—he said it was—I afterwards went to Chertsey, and got this copy of the register—(read—"George Lowe and Sarah Chipping married 18th July, 1852.")
Cross-examined by MR. CLARKSON. Q. Was Sarah Chipping very large in the family way? A. She appeared to be in the family way, but not very large. (Sarah Chipping had been called upon her recognizance before the Grand Jury, and did not appear.)
NOT GUILTY .
MR. HORRY conducted the Prosecution.
ANN COLLINS . I am a widow, and live at 44, Holy well-street, Strand. On 3rd Aug., about 11 o'clock at night, I was coming down Snow-hill with my niece, and felt a tug at my pocket—I made an observation to my niece, put my hand in my pocket, and missed my purse, which contained about 15s.—I have not seen it since—I turned round, saw the prisoner, and followed him into a public house at the corner of Newcastle-street, and collared him—the landlord sent for a policeman, and I gave him into custody—when he made the tug I saw his hand pass in pocket.
Cross-examined by MR. SLEIGH. Q. What business do you carry on? A. I am a laundress—the public house was about half a dozen yards from where I felt the tug—I saw the prisoner's hand pass from my side very close to me—there was another man behind him, who ran away when I turned round—they were the only persons near me—the prisoner did not have to cross the road to this public house—I did not lose sight of him for a moment—I did not see him speak to any one; if he had spoken to any one I must have seen it.
COURT. Q. Was there any other person near enough to put their hand into your pocket? A. No; the other person was between me and my niece—he was not near enough to have his hand in my pocket—my pocket is on the right side of my dress, and the prisoner was on my right side, and the other person on my left, between me and my niece.
MARY ANN TOWNSEND . I am married, and live at 88, Farringdon-street. I am the last witness's niece—I was with her on this night, coming down Snow-hill, and saw the prisoner and a man behind him at my side—my aunt told me she was robbed—the prisoner was then nearest to us, and the other man ran away—I followed the prisoner with my aunt into a public house, and he was given into custody.
Cross-examined. Q. Was not the other man very close to your aunt too? A. I only saw the prisoner close to my aunt—I did not observe them at all before my aunt was robbed—the prisoner was on my aunt's right side when she spoke to me, and the other man was behind him—he was not on her left side, I was on her left—they were both on my aunt's right side—I saw the prisoner go into the public house, there were no other persons near—the public house was not many yards from where this happened—when my aunt exclaimed she was robbed, he passed in very quickly, and tried to push behind the bar, but the landlord pushed him out.
JOSEPH BRUNSDEN (City-policeman, 289). About 11 o'clock on 3rd Aug. I was called into a public house at the corner of Newcastle-street, and the prisoner was given into my custody, charged with having robbed the prosecutrix—I searched him at the station, and found on him a counterfeit coin, and a bad halfpenny (produced).
Cross-examined. Q. Do you call this a bad halfpenny? A. A counterfeit sort of halfpenny—I consider it is counterfeit. (The coin in question was a French copper coin.)
(The prisoner was further charged with having been before convicted.)
JOHN CARPENTER (police-sergeant, R 38). I produce a certificate of the prisoner's conviction—(read—William Bryan convicted at the Central Criminal Court, June, 1850, of stealing a purse from the person—confined one year)—the prisoner is the person—he had been convicted before that, but the certificate was not produced.
GUILTY.** Aged 18.— Transported for Seven Years.
THOMAS DAVIS . I am warehouseman to Mr. Thomas Radford, of 69, Aldermanbury. On the evening of 19th July I was in the warehouse, and saw the prisoner with a piece of calico which I had seen safe on the counter ten minutes before—he was in the act of walking down stairs with it on his shoulder—I asked him what he was doing with it—he made no reply, but wished me to let him go—I gave him into custody—he must have walked up two flight of stairs from the street.
GEORGE CURTIS (City policeman, 166). The prisoner was given into my custody—he told me his mother had sent him out to get work; and if he could not get work, he was to go home with something—he told me he lived at 7, Starch-alley, Goswell-street—I went to the house; there was no such name there—I went a second time, when the prisoner had told me the name was King, and found it was his sister lived there.
(The prisoner was further charged with having been before convicted.)
GEORGE LANGDON (policeman, N 27). I produce a certificate—(read: "Henry Williams, convicted at the Central Criminal Court, December, 1849, having been before convicted: Confined six months")—I had him in custody—he is the person.
GUILTY.** Aged 15.— Transported for Seven Years.
MR. THOMPSON conducted the Prosecution.
of the prisoner, in Haydon-square, where they are pulling down the ware-houses, and building the Blackwall Railway—I saw them there, and asked a man if they were for sale—he said, "I believe they are; there goes the foreman," and I went and asked the prisoner if he had any old bricks to sell—he said, "Yes, wait till I have set the men to work"—he then showed me the bricks, and asked me if they would do—I said, "Yes"—I went and brought my cart—he and his lad helped me to load it, and I paid him 5s. For the load—I went again the same day, and when we had got about three hundred in the cart, the foreman of the masons came up, and said, "Do you know what you are at here; do you know which is the foreman?"—I pointed to the prisoner who had left as soon as he saw the foreman coming—they told me to go and look after him, but I did not see any more of him till that day week.
Cross-examined by MR. PAYNE. Q. What time in the day was it? A. Half past 11, the second load—there were a quantity of men about—they were old foundation bricks—I did not see any old bones and horns with them.
HENRY MIDDLETON . I am a mason in Mr. Myers' employ, and live at 14, Crown and Shears-court, Minories. On 1st July I saw the prisoner helping to load the cart with bricks in Hay don-square—I asked the prisoner where the bricks were going to—he said he did not know—I asked if it was Mr. Myers' horse and cart—he said he did not know—I asked who authorised him to load the bricks—he said he had nothing to do with it, and walked away—that was at about 10 minutes past 12 o'clock.
Cross-examined. Q. These were old bricks? A. Yes; part of a ware-house wall that had been pulled down, where the additional railway is being made—I had nothing to do with these bricks—there is not an understanding among the men that old bricks of very little use are sold to get drink—I cannot tell how long the prisoner has been in the service—I have known him about fifteen months on this job.
JOHN BUSH . I live at 7, Somerset-place, Dalston, and am foreman to Mr. George Myers, who has the contract for the branch railway, at Haydon-square. We had a quantity of old bricks there, Mr. Myers' property—on the afternoon of 1st July, I missed about two load of them.
Cross-examined. Q. How could they belong to Mr. Myers? A. Because they had been measured by the Company's inspector, and I had booked them myself—I am not aware that Mr. Myers is here—the prisoner has been in his employ off and on, perhaps eighteen months—a Mr. Goodman had purchased some of these bricks previously, but he bought the building, and pulled them down himself—these were not bricks which belonged to Mr. Goodman, which were not worth his taking away—they are our own, and worth perhaps 14s.—they are just as they were taken down, brickbats and bricks.
CHARLES BULLEN (policeman, H 34). In consequence of information, on 1st July, I went to the prisoner's house from a quarter to 4 o'clock in the afternoon till 2 next morning—I entered the house and asked if he was in—some woman inside said, "No"—I went in and found him in a dusthole under the staircase, naked except his shirt, and I found his other clothes under the bed—I told him I must take him to the station, and that he was charged with stealing some bricks of his master—he said, "Where is White?" I asked if he had received any money for the bricks, and he said he had not, and he knew nothing about the bricks.
GUILTY . Aged 34.— Confined One Month.
MR. BALLANTINE conducted the Prosecution.
NATHAN DEFRIES . I live at 26, Grafton-street, Fitzroy-square, and am a consulting gas engineer, and the patentee of the dry meter. The prisoner was in my employ—Friday is my pay day, and on that day he applied to me to be paid for his work—I told him I had nothing to do with it, and referred him to my foreman and manager—on the following Tuesday I had been out and about 4 o'clock the prisoner came to the office, and said he had come for some money—I said I knew nothing about him, and rang the bell for the foreman—Cosway came, and I said, "Do you owe any money to this man and if you do let him be paid"—Cosway said, "This is the man who spoilt the work last week, and he ought to pay for it"—Cosway then left the office, and the prisoner said, "Do you mean to pay me?"—I said I had nothing to do with it—he then said, "Then I will pay you," and he pulled out a mallet from his pocket, brandished it about, and made a blow at me, which I partly stopped, and I received it on the side of my head—I saw him afterwards and asked him what it was for, and he said because I would not pay him.
Cross-examined by MR. CHARNOCK. Q. Had he ever been in your service before? A. Not to my knowledge; it has been so stated to me this morning—I do not recollect his summoning me for 1l. 1s., I have so many men, and I have nothing to do with them—I do not recollect that the summons occurred on my Sabbath—when the prisoner was brought to the surgeon's where I was, he did not to my knowledge say that he was very sorry—when I asked him about it, he said, "It was because you would not pay me"—I only spoke to him on purpose to try my memory, I was afraid I was mad—when he made the blow at me I bobbed my head about, and put my hand up to bar the blow—I will undertake to swear that it was not an accidental blow in the confusion of his brandishing it about—I saw it was intentional—I believe the prisoner has six children—I saw his wife yesterday, and gave her 1l. 1s., and will give her five more if she wants it.
SAMUEL COSWAY . I live at Richmond-terrace, Southwark, and am foreman to Mr. Defries—the prisoner was employed on 29th and 30th June—I discharged him for bad work and spoiling materials—on Friday, 2nd July, I saw by the book that he had been to be paid—on the following Tuesday he came about half-past 11 o'clock, and inquired for Mr. Defries—I told him he was not within, and he staid waiting about the premises—Mr. Defries came in about 4, the prisoner called a few minutes after—I was sent for to Mr. Defries' room, and found Mr. Defries and the prisoner there—Mr. Defries asked if there was any money due to him—I said I did not consider there was, on account of his spoiling materials—I then went about my business—I had walked across the passage into the Smith's shop, when I heard a scream and cry of "Murder!"—I ran out, and saw both the prisoner and Mr. Defries run out at the door, and the prisoner had the mallet in his hand at the time—Mr. Defries was bleeding—I took the prisoner about thirty yards from the factory, and he threw away the mallet—the men do not use their own tools, the tools are all found them.
Cross-examined. Q. Is not this his own mallet? A. I do not know; it is not Mr. Defries'—I did not hear him say he was very sorry for what had occurred—I am not aware that he had worked before for Mr. Defries, or whether any wages were then due to him—he had been making a bath when this happened—his work would have come to 25s. if it had not been spoilt—the 25s. was not paid him—he did say he was willing to go on with the work,
and would make the damage good—I said it could not be done; I was perfectly confident he could not accomplish the work—he has not been paid anything for it.
MR. BALLANTINE. Q. Would it not have taken a week to do it properly? A. Yes; I found the material was spoilt, and stopped him.
FREDERICK WOOD . I live at 9, Tottenham-road, Kingsland, and am porter to Mr. Defries at his office in Regent-street. On the Tuesday this happened to my master, the prisoner came to the office at about a quarter to 11 o'clock and asked for Mr. Defries—I told him he could not see him—I asked what he wanted of him—he said he had been making baths for Mr. Defries, and he would not pay him; he had been watching for him four days and could not see him, and when he saw him he would knock his brains out and kill him, so help him God!—I saw he had a mallet in his side pocket.
Cross-examined. Q. Was he in a passion? A. I did not notice it.
RICHARD SLAUGHTER CARTER . I live at 7, Upper Fitzroy-street, Fitz-roy-square Mr. Defries was brought to my surgery—he was bleeding very profusely from a wound in the scalp, about an inch and a half long—this mallet is, an instrument very likely to have caused it—I attended him for about a month—he seemed to be very much shaken.
JOHN TAYLOR (policeman, E 79). I received the prisoner into my custody from Cosway, and took him to Mr. Defries at the surgeon's—Mr. Defries asked him why he struck him in the manner he did—he said because he would not pay him for the work he had done, and he was sorry for it now he had done it.
Cross-examined. Q. I believe the words were, "I am very sorry for it?" A. "I am sorry for it;" he did not appear, sorry, more than saying so.
MR. CHARNOCK called
ROBERT TROTTER . I am a tinplate worker, at 27, Skinner-street, Clerkenwell. I have known the prisoner fifteen years—I know his wife, and he has five or six children—I give him a mild character for humanity—he is rather a simple character, and if he has had a drop to drink he submits to anything—he has been out of work for the last six months.
Cross-examined by Mr. BALLANTINE. Q. Do you know him among his fellow workmen? A. Yes; I have heard him called Tiger Worley—he worked for Messrs. Kings, the meter makers, and there was a little bit of altercation in the shop, what is called chaff—there was a person in the shop named Harris, who was afterwards hung for burglary—the prisoner called him Kiddy Harris, and Harris called him Tiger Worley, and he has been called so ever since.
MR. CHARNOCK. Q. Did you ever see any tiger conduct on his part? A. Quite different.
(Several other witnesses gave the prisoner an excellent character.)
GUILTY. Aged 39.—Recommended to mercy by the Jury. — Confined Twelve Months.
OLD COURT.—Thursday, Aug. 19th 1852.
PRESENT—The Right Hon. the LORD MAYOR; Mr. JUSTICE ERLE; Mr. JUSTICE TALFOURD; Mr. Ald. HUMPHERY; Mr. Ald. MOON; Sir ROBERT WALTER CARDEN; Knt., Ald.; Mr. Ald. CUBITT, and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq. and the Third Jury.
821. GEORGE WILSON , forging and uttering a request for the delivery of six glass moons: also, a request for the delivery of 4 glass moons: also, a request for delivery of 4 dozen glass consumers: also, a request for 96 mugs: also, a request for 48 mugs: also, a request for 4 dozen glass moons, with intent to defraud; to all of which he pleaded
GUILTY . Aged 15.— Confined Three Months.
822. EDWARD BALL , feloniously uttering a forged request for the delivery of two bonnets: also, uttering one other forged request for the delivery of two bonnets, with intent to defraud: to both of which he pleaded
GUILTY . Aged 29.— Confined Six Months.
Before Mr. Justice Erle.
MR. GIFFORD conducted the Prosecution.
ANN HURLEY . I had been living with the prisoner for a little better than twelve months, but had been part of the time in service—I left him, and went to service again, five days before this matter occurred—I left him on Friday evening, and I went back on Tuesday night to get my clothes, and to see him—I found him in a public house—he told me to sit down and drink with him—I did so—he took me to another public house, and called for a quartern of the best rum—I staid there till it was getting on for 10 o'clock—he called for another half quartern, which we drank between us, and then he wanted me to have a pint of half and half—I said if I did I should be tipsy, and could not go home to my place—he said, "Come and make my bed, ray bed has not been made since you left me"—I said I could not go up stairs because my mistress only gave me leave for two hours, and I could not stop—he said, "Come up, and I will not delay you half an hour"—I said, "I shall go up and make your bed"—we went up stairs at about a quarter or half past 10—he then locked me in, and said, "You won't go home to your place to night; I shall be up early in the morning, and then you can go to your place"—I went to bed—I said I should lose my place for staying out—I had been such a short time in it—about 2 or 3 in the morning he put his hand across me, got kissing me, and he had got a razor open in his hand—I said, "Don't murder me"—he said, "I will serve you out now"—he gave me the first cut here (on the chin)—he wanted to cut my throat—I put my arm up, and he cut it, in two places—I kept my arm all the time to my throat—I said, "White, you have done for me at last"—he said, "You are not murdered yet," and gave me another cut on my arm, as I was at the door—I opened the door and ran down stairs, leaving the door open—a policeman took me to the hospital directly, and I became unconscious—I have been an out patient ever since, and have lost the use of my arm—there was nothing
the matter with the prisoner's throat when I left the room; he was standing by the door.
Cross-examined by MR. BODKIN. Q. Are you a married woman? A. Yes; but my husband has gone abroad—I lived with the prisoner as his wife, down to the time I went to the place, in the same house, and the same room—the people of the house knew me and him—I got a place of all work, in King-street, St. James's, with Mrs. Edge—it is a place where girls go with men, but I took the place in the kitchen—I had no character to go to a place—I did not come out for a holiday: I asked my mistress to let me out for a couple of hours; the clock struck 7 as I went through St. James's-park—I did not know the prisoner was at the public house—I went there to have half a pint of beer—I did not expect to find him there—he went to that house sometimes, but very seldom—I swear I did not go there expecting to meet him; I had no idea he was there—I had gone to the landlady; she said he was out, and the door was locked; she did not say he was at the public house—I did not go direct to the public house—I went and told them to leave the ticket for my clothes—I found him at one public house, and he took me to another—he was not so tipsy when he got home as not to know everything he said—he had been drinking, but was not tipsy—I had had beer for my dinner, and had some rum with him, and part of some beer—I felt that it was dangerous to take any more when he talked about half and half—I said I should be tipsy, to go to my place—I cannot say whether I made his bed as be wished—I do not remember—the first thing I remember is awaking, and his kissing me, and having his hand across my throat, and the razor open io his hand; it was daylight—I had no razor in my hand in the course of that night or morning; we never had an angry word—I did not get possession of the razor, in the struggle—there used to be three razors in the room when I lived with him, but I did not see two that night—when I awoke I was undressed, and in my chemise, and he was in his shirt—I did not try to do him any mischief when I was struggling with him, I was screaming out "Murder!"
MR. GIFFARD. Q. How long is it since you have seen your husband? A. Nine or ten years.
JAMES BUCHANAN (police sergeant, B 8). On 9th June, about 3 o'clock in the morning, I heard cries of "Police!" and "Murder!" by several women—I went to the spot, and found Mrs. Hurley coming out of the court bleeding from the face and arm, and holding the cut together—I went to the second floor of 11, Devonshire-place, and found the door fastened on the inside by this piece of wood (produced) being placed above the latch—I called to White to open the door—I received no answer—I called a second time, and threatened to break the door in, which I did, and found the prisoner lying on the edge of the bed undressed and bleeding from a wound in the throat—he said, "I did not think she would have done this to me"—he directed my attention to where I should find a razor—I found this razor (produced) covered with blood and the handle broken; it seems to have been twisted—the blade is not broken.
Cross-examined. Q. Was it a common drop latch? A. Yes; this piece of wood must have been put in by some person.
JOHANNA M'CORMICK . I live at 11, Devonshire-place, Broadway, in the same house with the prisoner. I remember the night Ann Hurley was with the prisoner; I heard them come up together—I have known them since they have lived in the house—about 2 or 3 o'clock in the morning I heard Ann Hurley screaming "Murder!"—shortly before that I heard the prisoner's
voice speaking out of the window to my father—he said, "If you want anything, my name is White"—I heard her scream, "Don't murder me! don't murder me with a razor"—he said, "You are not murdered yet"—she ran down stairs into my room, and I heard the prisoner fastening the door—I called a policeman up—he asked for the door to be opened: it was not and he burst it open.
HENRY RONALDSON . I am assistant to Mr. Painter, a surgeon, of Broad-way, Westminster. I am in the habit of attending Westminster Hospital, and assisting in dressing wounds—I saw the prosecutrix on the morning she was brought in—the surgeon who first dressed her wounds is ill—I saw two wounds on her face and two on her right arm—those on the arm were very deep; one was three inches long, and divided some of the muscles and tendons, which will prevent her using her hand for a length of time, and will quite cripple her—those on the face were deep, but did not go through the lip, and she had another deep wound on the arm—I think the wounds on the arm were received while putting her hand up to defend her throat from being cut—I saw the prisoner's wound—it was about two inches long—the trachea was not divided at all—no large vessel had been cut, but he had lost a good deal of blood—I should say it had been inflicted by himself because it was cut on the left side, and the point where the razor would go in was considerably deeper—it was such a wound as is commonly inflicted by a right handed person cutting his throat.
Cross-examined. Q. All wounds there are attended with some danger? A. Yes; he remained at the hospital nearly a month.
GUILTY on 3rd Count. Aged 63.— Transported for Twelve Years.
Before Mr. Justice Talfourd.
NOT GUILTY .
GUILTY . Aged 30.— Transported for Fifteen Years.
NEW COURT.—Thursday, August 19th, 1852.
PRESENT—Sir JAMES DUKE, Bart., Ald.; MR. RECORDER; and Mr. Ald. CUBITT.
Before Mr. Recorder, and the Sixth Jury.
MESSRS. RYLAND and CROUCH conducted the Prosecution.
JOSEPH HENRY MARSHALL (City-policeman, 230). On the morning of 21st July, I was on duty on the right hand side of Holborn-hill—I came down to the end of Field-lane—it was about 20 minutes past 1 o'clock—I saw the prisoner standing with a female whom I had seen before with prostitutes—I requested the prisoner to move on—he said he would go when he thought proper—I said he must go when I thought proper—he did not go, be stood for several minutes, and I stood also—I then took him by the arm to move him—he up with his fist and struck me—he then walked sharply down Plough-court—I followed him, to take him into custody for assaulting me—
I followed him down to the house, No. 27, which is the back door of 27, field-lane—when I got to the door he began making use of bad language—he called me all but everything—I took hold of him to take him into custody, and he said, "I will be b----d if you take me"—I was not aware that he lodged in that house—I endeavoured to take him into custody, but he resisted me, and began making use of abusive language—he called me a puppy—during that time the door was opened, and I saw Mr. Henderson partly dressed—he said to the prisoner, "Why don't you come in doors, that man will not hurt you"—the prisoner still kept calling me a puppy—Mr. Henderson got bold of his arm, and pulled him in doors—(there was a light, the gas was burning in the room)—the prisoner walked to a table that stood at the further end of the room, right opposite the door where I was—he stood there a few minutes, and then rushed towards the door—seeing him rush, and being much agitated, I drew my truncheon—he rushed past Mr. Henderson, who was standing with the door in his hand, and said to me, "You b----r,----r, I will learn you to lay anything to me"—he raised his right hand, and I perceived that he had a knife in it—he made a stab at me, which I warded off with my truncheon—we then closed and got struggling, and in the struggle the leathern strap which goes round my wrist, to keep my truncheon, broke, and he got the truncheon from me, and with it he made a blow at me, which I received on my right shoulder—I do not know whether he dropped the truncheon, or threw it away, but it fell—we then separated, and I was going up the court to get further assistance, and he ran after me with the knife—he struck at me—I had nothing to ward it off, and I stooped, the knife came against the side of my face—it cut my cheek and under my nose, and went down to my breast, and the knife bent, as you see it is now—I was bleeding profusely from the face—the prisoner tried to get away, but I held him till further assistance came—another policeman came up—I was obliged to let go the prisoner, I was so exhausted—I looked about, and close on the spot I picked up the knife—this is it—I afterwards went to the hospital—the surgeon examined me, and I got a certificate—the prisoner appeared to have been drinking, but he was perfectly aware what he was about.
Prisoner. Q. Where was I standing? A. At the corner of Plough-court; you were not at the water-closet.
COURT. Q. Have you any markon the face? A. There is a slight mark under the nose where I was cut—the other mark that was down my left cheek is now gone.
HENRY HENDERSON . I keep the lodging-house, 27, Field-lane, which has a back door into Plough-court. On 21st July, and for some time before, the prisoner had been lodging in that house—he used to take his meals in the kitchen, which has a window into Plough-court—I burn a gas light there till about 2 o'clock; not all night—on 21st July I had been sitting up for the prisoner, who was out—I had a light in the kitchen—about half past one I heard a knocking at the back door—I went to it, and found the prisoner and Marshall, the policeman—they appeared to me to be wrangling, and I could hear the prisoner calling Marshall a puppy—that was the only word I could distinguish—they were in conversation—I knew the prisoner was drunk, because he had been in my place before, and asked me for the loan of sixpence—I went out and talked to the prisoner, to induce him to go in doors; in fact, I pulled him in—he went about three parts down the kitchen, and the policeman said, "If you come out of that place again I shall lock you up"—the policeman stood at the door outside, and as soon as he said he would lock him up, the prisoner opened the drawer, took a knife out, and
rushed past me out—I ran out of the front door into Field-lane, and saw a policeman—I told him to go round—I was not gone above five minutes—I went round the court and found the prisoner on the ground, in custody bleeding from the inside of his hand; and Marshall was standing by bleeding from the face—the knife is now bent, it was straight before—it has no handle, only the iron—that might injure a man's hand if he squeezed it very tightly—the prisoner was in the habit of taking his meals in that kitchen; he must have known that the knives were kept in that drawer.
FRANK TOOKS (policeman, G 108). On the morning of 21st July I was called into Plough-court—when I got there I saw the prisoner struggling with Marshall—the prisoner was holding him by the hair of his head with his left hand, and holding the knife in his right hand—I seized him by the collar—Marshall was holding the prisoner by some part of his body with his right hand, and with his left hand he was holding the prisoner's right hand, which had the knife—Marshall's face was bleeding very much, but what from I did not know—I took the prisoner into custody, and when I took him the knife fell on the ground—I had pulled him down—his hand was bleeding, but what from I could not tell—he seemed to be a little under the influence of liquor, but he was quite sensible enough to know what he was doing—I took him to the station house.
Prisoner's Defence. I had been two months in the London Hospital; I got out on the 20th, and went and had a drop of something to drink; I returned home, and walked into Plough-court to the lodging house; I rapped at the door and turned back to the water closet; I had just opened the water closet door, and the policeman called and said, "This is not a fit hour of the night for you to be out;" he pushed me, and I struck him; I took his staff and threw it away from him; he went and took it and struck me, and nearly broke my jaw; I went into the house, and he came and began abusing me, and I began on him; I went outside the door, and I know I had a wrangle outside the door, and he gave me a most dreadful beating with his staff; he kicked me, and left my head all in lumps; my arms and side were all black, and my eyes and all swelled.
JOSEPH HENRY MARSHALL re-examined. I did not knock him about the head and body with my truncheon—the only time I struck him was when he ran at me with the knife—I struck him under the arm, and knocked his arm up—I have no doubt he got hurt in the head, both his head and mine went against the wall several times.
GUILTY of unlawfully wounding. —Aged 34.— Confined Two Months.
GUILTY . Aged 22.— Confined Six Months.
GUILTY. Aged 15.— Judgment respited.
MR. RYLAND conducted the Prosecution.
JAMES SCOTT . I live in Elbow-lane, Shadwell. On Friday evening, 9th July, I and my father were at the Ship and Star—we then came along the street—I saw the prisoner—the first thing I saw of him was, he came and struck me, and said, "You b----r, you are the person I have been looking for"—I struck him again, and we had a round—I fell, and I was not allowed to get up, there were so many round me—the prisoner got up, he ran to my father and knocked him down—he struck him somewhere in the face, on the ear—about that time a brewer's dray passed me while I was lying on the ground—the brewer's man helped me up, and set me against the wall—I recovered myself and went to look after my father—I found him lying in the road bleeding from the back of the head and the ear—he was not sensible—I asked for assistance to get him to a doctor's—he was taken from the doctor's to the London Hospital, I helped to carry him there—I sat up with him three nights—he died on the 13th—he was not sensible the time he was there—I was there with him every night—he endeavoured to speak, but we could not understand him—he knew me, but could not speak to me.
Cross-examined by MR. M. PRENDERGAST. Q. You and your father were both at the Ship and Star that night? A. Yes; the prisoner was not there to my knowledge—perhaps my father and I had been there two hours—I had a little drink—my father was not intoxicated, nothing to speak of—I first saw the prisoner at Shadwell Market; I should say a hundred yards from the Ship and Star—my father and I were going home—the moment I got to the corner the prisoner came running with his two hands and struck me—I am sure I did not go up to him and strike him—if Thomas Parsons says that I struck the prisoner first, he is wrong—I saw the prisoner strike my father—I was then on one knee getting up, and some one came round and prevented me—my father bad a canteen under his arm, in which he took his food on board ship—he was a registered coalwhipper—I cannot say whether he had the canteen when he was struck, he had it when he was walking with me—there had been no quarrel between me and the prisoner to my knowledge, nor yet with my father—it had not been said by anybody that I worked under price—I worked for Mr. Banks, in the North, not at the office—it is a bond fide service—I swear I did not go and strike the prisoner first.
THOMAS PARSONS . I live at 44, High-street, Shadwell. On 9th July I saw the two Scotts, the father and son, coming from Gold's Hill—I also saw the prisoner—young Scott went up to the prisoner and struck him—he said, "You had a b----y lot of talk about me last night," and struck him—the prisoner said, "I don't know that I saw you last night"—Scott then "struck him—they had one round, and both fell; the prisoner was underneath, and Scott on the top—they both got up again, and were in the act of fighting—the father was in the act of striking some person with the canteen; I cannot say who—he did not strike anybody with it—the prisoner then turned round and struck him somewhere about the ear—he knocked him down—he fell on his back in the road on the stone pavement—I think he had a cap on—I walked away and did not see any more.
Cross-examined. Q. When the prisoner struck the deceased man he had a canteen in his hand, and was in the act of striking? A. Yes; the deceased was standing behind the prisoner, and young Scott in front of the prisoner—the prisoner turned round in the midst of it, and struck the deceased—I swear that the deceased's hand was up in the act of striking some person, but I could not say who—the prisoner and young Scott were the only two that were fighting—the canteen is used to carry their food in—it is a sort of tin dish with a lid over it.
RIDLEY PORTER . I am house surgeon at the London Hospital. The deceased was brought there on 9th July, and put under my care—he remained till the 13th, and then died—he was suffering under concussion of the brain, and fracture of the skull—he was insensible when he came—he did not become sensible at all—he spoke in a random manner—the fracture was on the base of the skull, just above the upper jaw—I examined the head after death, and found a bruise on the back part on the right side, and effused blood in different parts, particularly under the right lobe of the brain—a violent blow near the ear would produce those appearances, and a blow on the pavement would produce the fracture—I attribute his death to the blow and the fracture—the fall on the pavement would be more likely to produce the fracture.
Cross-examined. Q. What was the cause of death? A. Concussion of the brain, and effusion of blood—I made the post mortem examination a day and a half after death—it was my impression when he was brought in that he was intoxicated.
JOHN EYRE . I live in Shadwell Market. On 9th July, I was going to Shadwell High-street—I saw the two Scotts and the prisoner—when I came up, young Scott and the prisoner were both stripped, and in the attitude of fighting; both squaring at each other—the deceased had the canteen, and as the prisoner was going over to Scott, the old man stood with the canteen in his hand, with the intention of striking some person—I should say the prisoner was not more than two yards from both the Scotts, in a triangular manner—he had the canteen up with the intention of making a blow—he did not make a blow—the prisoner struck him, I could not say where—the old man fell, and the prisoner and James Scott came in contact—I could not say what the old man had on his head—he fell backwards, and the back of his head came on the stones.
Cross-examined. Q. You were not there when the deceased's son first came to the prisoner? A. No; the first I saw was they were in a fighting attitude—when the prisoner struck the deceased I consider he was about two yards from him—I believe he made two steps towards him—the deceased had the canteen in his hand—he turned round from the place where he was, and took the canteen from under his arm and held it up—he moved towards the prisoner.
COURT. Q. When he raised it, was it in the direction of the prisoner? A. He was in the direction of the prisoner; I think he was intending to throw it.
WILLIAM CHARLES POTTER (policeman, K 212). I took the prisoner—I told him I wanted him for assaulting James Scott, who was lying in the hospital dangerously ill—he said he was fighting with the son, but he never struck the old man at all.
NOT GUILTY .
MR. M'MAHON conducted the Prosecution.
THOMAS SMILY . I am the brother of William Robert Smily; he is a silversmith, living in Camomile-street, Bishopsgate; I am clerk to him. On 20th July the prisoner applied to my brother as a wedding ring keeper maker—I was present—I had not known the prisoner before—he gave two references for character, and my brother went to them—the prisoner came the next day, and was then employed to make bright gold keepers, and I gave him the metal, and told him what to do—it was jeweller's gold, for making bright
gold keepers—he had been told the previous day what he was to do—he was to work in a shop by himself, on the basement in my brother's house, and was to make bright gold keepers only out of this metal—some are made of standard gold; others of inferior gold, consisting of gold, silver, zinc, and copper—I gave the prisoner about four ounces and a half of this mixed metal, called bright gold, worth about 7l., between 9 and 10 o'clock in the morning—he was to begin work immediately—I went with him to the shop, and left him there—I had not given him authority to remove the goods anywhere else, excepting my brother's shop—I do not recollect that I saw him again after I left him in the shop—I missed him between 2 and 3 in the afternoon—I do not think I had gone into the shop during that time, if I did, it must have been very shortly after I first left him—we gave information to the police the same evening—when we found the prisoner was gone between 2 and 3 in the afternoon, we did not immediately look for the gold—we sent a clerk to his lodgings first, and when the clerk returned we looked for the gold, and it was missing—he bad not left any part of it—I should think we usually stop work about 8 o'clock in the evening, but I do not think there was any time appointed for the prisoner, because he was to work piecework—I think he did not make any rings or keepers—we could find none—I cannot recollect whether it was 8 o'clock when we sent for the police—I saw the prisoner again when he was at the station—I had opportunity of noticing the man—I have not the slightest doubt that the prisoner is the man.
Prisoner. I am not the man. Witness. I am quite sure he is the man—I had not known him before—I saw him for about half an hour on 20th July, and for ten minutes or a quarter of an hour on the 21st—I had conversation with him both times.
Prisoner. The boy you sent to recognise me said, "That is not the man, I never saw him before." Witness. The person I sent was Robert Phillips; I think he was at the counting house when the prisoner came on the first or second occasion and had seen him, and I sent him to see if be knew him—I think he had not so good an opportunity of seeing him as I had, because I bad a long conversation with him—Phillips did not take any part in the conversation with the man who came for employ—I am not very near sighted—I wear spectacles because my eyes are rather weak.
CALEB GROVES (City-policeman, 248). I took the prisoner on Holborn-hill on 10th Aug.—I took him to the station and searched him—I found on him some earrings, which a person claimed at the Mansion House who had given them to him to mend—I asked the prisoner what he was—he said he was a working goldsmith—I told him the charge—he said there were some mistakes about it.
WILLIAM BOOTH . I am in the service of Mr. Smily, and was so when the prisoner came, which was four weeks ago last Wednesday, the day he was put on the work—he came up out of his shop into my shop and asked for a light—I told him to take one from the forge—he took it down, came up again, and asked for a hammer to flatten out some solder—I lent him one, and he flattened it for two or three minutes—he went down and came up a third time, and asked for some pickle; that is stuff used to clean the work—I told him we had not any such as jewellers use—he said other would do—he then asked what time we went to dinner—I said, "We go what time we like"—he then said, "Where had I better put the gold?"—I told him he had better take it in the counting house, or put it on one side—he said, "I will take care no one shall find it"—I never saw him any more—the prisoner is the man.
WILLIAM SAINSBURY . I know the prisoner. About a fortnight before 20th July I met him accidentally—he told me had been very unfortunate and thrown out of work, had been confined in the hospital, and undergone an operation for the stone—I had known him about five or six years ago—at the time I was foreman to Mr. Burt he was employed there, and was a very steady, sober, honest man—I had the opportunity of giving the gold out to every man in the factory; there were twenty-five of them—I never found anything wrong, and from the knowledge I had of the prisoner's character I gave him leave to refer to me, and Mr. Sraily called on me on 20th July.
Prisoner. Q. Are you not aware that there are several other persons in the trade bearing the same name as myself? A. I know of no other but you—you are the man that stopped me and asked me to refer you to a situation, and I gave you the address of a number of jewellers where I had interest to get you employ, but Mr. Smily was not one.
Prisoner's Defence. On the morning of 21st July I started from the Shad-well station, and was in Woolwich from 11 till half past 2 o'clock; I walked through Plumstead to Erith; I was there at 5, and I stayed in Erith till the following Saturday night; I came home on Saturday night, the 24th; I never worked for Mr. Smily, or applied to him for employ in any way or shape; I had one witness, who is gamekeeper to Sir Culling Eardley, with whom I was at the time; the officer took from me some duplicates of my own clothes, which does not look as if I was a man of property.
GUILTY .*— Confined Twelve Months.
GUILTY . Aged 28.— Confined Twelve Months.
THIRD COURT.—Thursday, August 19th, 1852.
PRESENT—Mr. Ald. MOON; Sir ROBERT WALTER CARDEN, Knt., Ald.; and RUSSELL GURNEY, Esq.
Before Russell Gurney, Esq., and the Eighth Jury.
MR. DEARSLEY conducted the Prosecution.
DUNCAN IRVINE . I am a wine and spirit merchant, at 12, Cooper's-row, Tower-hill. I know the prisoner—he came on 29th July and asked me if two casks, which were lying in the warehouse, were for sale—I said, "Yes"—he asked the price, and I said they were 11s.—he said he came from Messrs. Capel, of Seething-lane, and he would call in the morning, bring the money, and take them away—I did not see him again till he was in custody ten days after.
Prisoner. Q. Did I examine the casks particularly? A. You looked at them—you did not mention Messrs. Capel's name at first, but you did when you got to the door.
ANNIE IRVINE . I am the wife of the last witness. On 30th July, about 1 o'clock, the prisoner came and told me he had come for two casks, pointed to two in the warehouse, and said those were the two—I asked if he had brought the money, or an order for them—he said he came from Messrs. Capel, and had brought their truck, and that would e order sufficient, and pointed to it—it was one of Messrs. Capel's—in consequence of that representation, and seeing the truck, I told him he might take the casks away, and
he did so; but at the same time he observed that Messrs. Capel had to send to change a check, and the money would be sent—the money was not sent.
Prisoner. I stated that I was going to take them to Mr. Capel and Mr. Irvine might come for the money, not that I bought them for Mr. Capel.
Witness. You said you bought them for Mr. Capel.
JOHN TIBBS . I am foreman to Messrs. Capel and Co.—it is my duty to buy and sell—I have the whole management of the business—I did not authorize the prisoner to go to Mr. Irvine's and buy any casks—I lent him the truck, after he had plagued me three or four hours, to get rid of him—I told him it was not our habit to lend trucks—I was not aware he was going after casks—I have known him for years, and have ordered him off the premises hundreds of times—he brought back an hogshead and a quarter cask on the truck, but not for us—Mr. Capel was not in town on 21st or 22nd—he was away, laid up with the lumbago.
Prisoner. Q. Did not I tell you there were a lot of casks near the Royal Exchange, and ask you to fetch them? A. Yes, and I told you the governor was not in town, and I could not fetch them; the parties were strangers to us, and I should have wanted a check for them—there were two loads—I did not tell you to go and seek out some more, or that I would fetch these the next day—you did not tell me there were two casks at Irvine's, and I did not tell you to fetch them.
Prisoner's Defence. I told Tibbs the casks were at Mr. Irvine's, and he said be would take care of them; I took them to Capel's, Tibbs was not at home, and I put them inside the gate, and put Irvine's name on them; when I went again he said they were not worth 4s.; I went and exchanged them away, and was on my road to settle the matter when I was given in custody.
GUILTY . Aged 42.— Confined Three Months.
JANE PEARSON . I am the wife of James Pearson, who keeps a coffee house in Church-street, Minories. On the night of 11th Aug. I was sitting on the shop stairs, and heard a noise in the shop—in consequence of which I went in, and saw the prisoner coming from behind the counter with a coffee pot, teapot, and a pair of trowsers under his arm, which I bad seen safe three minutes before—they are my husband's property—I ran after the prisoner, crying "Stop thief!"—I saw the prisoner stopped, and saw him drop the articles at the policeman's feet.
Prisoner's Defence. A man and woman came by me rather quick, put something in my hand, and I put them in my apron; the woman came, and called "Stop thief!" and I was taken.
GUILTY .* Aged 30.— Confined Six Months.
834. HENRY DAVISON, GEORGE DAVISON , and GEORGIANA DAVISON , burglariously breaking and entering the dwelling house of Jean Frederic Viennois, and stealing 1 watch, value 1l., and the sum of 7l. 11s. 8d.; his property. 2nd COUNT: charging Georgiana Davison with receiving the property.
MR. CLARKSON conducted the Prosecution.
JEAN FREDERIC VIENNOIS . I am a confectioner, at 5, St. John's-row, Hoxton. On the morning of 15th July, about 4 o'clock, I was aroused by the Police—I had secured the house overnight—the windows were all down,
but I am not aware whether the back parlour window was fastened—I bad a wooden cash box on the shop counter, it was painted a dark mahogany colour—when I went into the shop, after being roused by the police, I missed the cash box; it had contained from 8l. to 9l.—I afterwards missed a silver watch, which hung over the back parlour mantelpiece—I did not miss that till it was brought to the station with the money—I found the back window up—(a piece of charred wood with a lock attached was produced)—I have applied my key to this lock and it unlocks it—it appears to have been charred—both the male prisoners have been in my employ, the elder one till about five weeks before this transaction, and George left the day before this happened—the back parlour window looked into the yard; it was not fastened and any one from outside could lift it up; but they must go through the yard, and get over the cistern.
MARY ANN VIENNOIS . The day before this happened I counted the money in my husband's cash box—it was between 8l. and 9l.—there was 5l. 10s. in gold and the rest in silver, a good many half crowns, and some small silver.
HENRY PETTIFER . I am a pork butcher, and live three doors from the prosecutor. On this morning, rather before 4 o'clock, my dog was barking—I got up to see if anything was the matter, and saw the prisoner, Henry, lift George over the wall at the back of the prosecutor's premises—Henry then walked up the court facing the prosecutor's house—I went to the front of my house, looked out, and saw him walking about for about half a minute—he then went back again—I went back, but could not see him.
EDWIN TOWNSEND (policeman, 23 N). On this morning, about half-past 4 o'clock, in consequence of information, I went to a house, 8, Henry's-place, Hoxton, and found the three prisoners there, the female was sleeping in the front room, and the two males were in bed together in another room—I ordered the two males to dress themselves, and sent them to the station by another constable—I then searched the premises—I was going to search a cistern at the end of the passage, the female was in the doorway of the room where the males had been sleeping, and I heard her exclaim, if it was the money I was looking for I had better look in the yard for it—I had not mentioned a word about money, or what I had taken the other prisoners for—I then called another constable, and told him to take the female into custody—I then examined the cistern, and found 8l. 11s. 8d., 5l. 10s. in gold, and the rest in silver, there were eleven half crowns—I told the prisoners at the station that I had found the money, and that they were charged with committing the robbery—the female said the little one (George) was innocent, he knew nothing about it, and she supposed the big one had taken it to go into the country with—she appeared very much excited—after the water had been emptied out of the cistern, I found the watch at the bottom.
JOSEPH STATHAM (policeman, N 347). I went to the prisoner's house, and found the piece of wood that has been produced in the soil in the water closet —before that I had seen the female putting some pieces of wood on the fire—they were small pieces, the same width and colour as this—this piece is burnt.
Cross-examined by MR. DEARSLEY. Q. Are you quite sure there was a fire? A. Yes.
GEORGIANA DAVISON received an excellent character.— NOT GUILTY .
HENRY DAVISON— GUILTY . Aged 17.— Confined Twelve Months.
GEORGE DAVISON— GUILTY. Aged 12.—Recommended to mercy by the Jury. — Confined One Week.
MR. BRIARLY conducted the Prosecution.
JOHN WARREN . On the evening of 15th June I was in company with the prisoner drinking—we had had a good deal to drink, and came out of the public house—I went away, came back again, and asked him to go in and have some more beer—he said, "No, do you want anything with me?"—I said, "No," and he put his hand into his pocket and stabbed me with a knife—I had not given him any provocation, or done or said anything to annoy him—I did not owe him any money, or ask him for any.
Prisoner. Q. Was not you drinking with me all the afternoon? A. Yes; I did not say I would knock your b----y head off—I did not drink all the afternoon at your expense—you borrowed the knife of a man to cut some bread and cheese.
ELEANOR FORSAYTH . I was standing at the bottom of Denmark-street, about half-past 7 o'clock, and saw the prisoner and two more standing at the door of the "Kettle Drum"—I heard the prisoner go up to the prosecutor and say, "Do you want anything of me?"—he said, "No"—the prisoner went back again, put his hand into his pocket, went to the prosecutor, and gave him a blow—I saw something in the prisoner's hand, it glistened, but the blood flowed so immediately I cannot say what it was—the prisoner then ran back again, and stopped about two minutes—a man said to him, "Hook it"—he said, "No, I will stand my ground, I have given him what he wanted to do to me"—the other one said, "Hook it"—he said, "No, I have half a sovereign behind the bar, and I shall go and get it"—I saw him go in at one door and he came out at another, and I did not see him again till he was in custody.
Prisoner. I never made any answer at all; I said, "What do you want of me?" and he took me to the doctor's, where the prosecutor was.
WILLIAM HENRY HARRIS . I am house-surgeon at the London Hospital. I saw the prosecutor on the night of 15th June—he was in a very faint and weak state from loss of blood—I found a wound on his left cheek about an inch in length, and an inch and a half deep; there was a small artery divided —it was a very dangerous wound, it bled on two or three occasions after it was dressed—he was in danger for ten days or a fortnight; he is still suffering from it, and he will be some time before he recovers—the effect on his speech is produced by the wound—there is paralysis on one side of the tongue, and he will never be able to speak properly again.
GUILTY .** Aged 19.— Transported for Ten Years.
GUILTY . Aged 15.—They received good characters.— Confined Fourteen Days and Whipped.
(There was another indictment against the prisoners.)
GUILTY . Aged 32.— Confined One Month.
GUILTY .— Confined Twelve Months.
GUILTY .— Confined Nine Months.
840. FREDERICK WESTON , feloniously stabbing, cutting, and wounding George John Yates, with intent to murder him.—2nd COUNT, with intent to disable him.—3rd COUNT, with intent to do him some grievous bodily harm.
MR. PLATT conducted the Prosecution.
GEORGE JOHN YATES . I am a tobacco pipe maker, and live in Cornwall-street, Mile End-road—the prisoner is my brother-in-law. On 16th May, about half past 11 o'clock, I was at my father's house, 25, West-street, and saw the prisoner there—he was in liquor, but knew very well what he was about—he was heaving stones at my father's door and shutters—I went out to get some beer for supper, and he began using abusive language, and throwing stones at me—I came back with the beer, and more stones were thrown, and at last one very large one was thrown, and my father went out to give the prisoner into custody—he ran away, and during the time we were going up the street we met a policeman, and my father gave him in charge—I was with my father, and was going to point him out, and during that time the prisoner came back again, ran across the road, and said, "I have you, you b----take that," and laughed—I was stabbed in the groin—my bowels were disarranged, and I was obliged to put my hand to keep them from coming out—I did not see anything in his band—after that he attempted to strike my head, but my father struck his hand down, and it came by my ear and inflicted a cut—I called out to my father that he had a knife, but I could not halloo very loud, and he did not hear me—I managed to get in doors, and found myself bleeding very much—I had not quarrelled with him—I have had a few words with him, but nothing to any effect—I was taken to the London Hospital, and remained there seven weeks—I sometimes feel the effects of the wound in the groin now—the wound on my head is healed—I believe I was in great danger for some time while in the hospital—I was not able to come out at all during the seven weeks—I can do a little work now, but I cannot do a hard day's labour.
Cross-examined by MR. W. J. PAYNE. Q. Did the prisoner marry your sister? A. Yes; I had been at my master's during the day this happened—I had not been into any public house, I was perfectly sober—I had had a few words with him about 1s. a short time before, but nothing of any consequence—I owed him 14s. and was not able to pay it just then, my mother paid it to his wife, and he knew nothing about it, and applied to me for it—I did not pay him—he did not say anything about coming to my house and kicking up a row if I did not pay him—I do not know how long before that was before this happened—we never spoke much together after the affair of the 1s.—he had said nothing to me about the 1s. on this night—I had not spoken to him—the prisoner is a pillow maker, he is married, and has four children.
PETER YATES . I live in West-street, Mile End. I am the father of the last witness, and father-in-law of the prisoner—in May last my son was at my house, the prisoner came and stood over the way and threw a great many stones—at last I went out and threatened to give him in charge—as I stood
at the door he said, "Come out you old b----and I will give you something for yourself"—after that more stones were thrown, and I went out with my son—I got a policeman, and the prisoner ran away—he came back again, we went across the road to him, and he stood behind my son, and said to my son, "I have caught you now, take that you b----"—I did not see anything in his hand, but he aimed a blow at my son in the groin, and was about to repeat it on his head, when I knocked his hand down, and it slid down his head—I did not know he had any knife—my son bled, he fell and went in doors—the prisoner then turned upon me—I did not see any knife in his hand, but one was afterwards produced—the prisoner had been drinking, but ought to have been sober by that time, he had been annoying us three hours—I have had no quarrel with him, and have no bad feeling towards him—I know my son had had no quarrel with him that day—my son was taken to the hospital, and I remained there some time.
Cross-examined. Q. Were you there when your son went for the beer? A. No; I do not know what passed then, but when he came in he was as white as a sheet with aggravation, and I went to the door, and said, "Take yourself off, or I will give you in charge"—neither me or my son had been drinking—I had been at home all day—the prisoner was in the habit of indulging in drink sometimes—my daughter comes to my house to see her mother very often—I never was otherwise but on good terms with the prisoner, but he has been with me; I cannot say why—I know that my son had some dispute with him about a shilling in a raffle—I did not know that he had applied to my son for it—I heard my wife say she would pay his wife.
GEORGE FORD (policeman, K 341). On Sunday night, 16th May, I was on duty in West-street. Mr. Yates made a complaint to me about his son-in-law throwing stones—I looked at the shutters and saw there were marks there—the prisoner was then gone, and while talking to Mr. ates be came back—George John Yates crossed over the road, and said, "Policeman, here, he is come back"—I heard the prisoner say, "You b----, take that!" and he struck him in the groin—Peter Yates and me went over and they had a struggle together, and George fell on the ground—he then got up and went in doors—I saw the prisoner also make a blow at the son's head, and Peter Yates parried it down, and it struck him in the face—I took him into custody—as George John Yates was being taken to the hospital the prisoner saw him, and said, "I have had my revenge, now I am happy; Tapping was hung, so shall I be."
PETER YATES re-examined. I had had some friends to tea at my house on this night—the prisoner's wife was not there—there was a sailor there, my wife's daughter's husband—I have never called the prisoner any names.
JOHN LAWSON BAKER (policeman, K 29). On this night, about half past 11 o'clock, I was on duty, I heard a rattle, ran, and found the prisoner opposite Mr. Yates's door—I went into the house, and saw the son lying on his back bleeding from his left cheek, and also from his abdomen, and part of the intestines were protruding from the wound—I went out to search the prisoner—he said, "What do you want? I am a right man"—I said I wanted the knife, and he said Bob Story had got it—I called Story, and he came and brought this part of a knife (produced).
ROBERT STORY . I live at 6, West-street. I heard the rattle, ran out, and saw the prisoner in custody—I asked the prisoner what was the matter—he said, "I have been fighting, and see what a state my face is in"—the policeman had then got him down, and I said he had better go home and not cause a disturbance there, and he then put this handle of a knife into my hand—I
put it into my pocket and walked into the house—he said nothing to me when he gave it me.
RIDLEY PORTER . I am house surgeon at the London Hospital. On Sunday evening, 16th May, about half past 12 o'clock, George John Yates was brought there—I examined him, and found a wound on the left cheek near the angle of the jaw, and on further examining him I lifted up his shirt and found about six inches of the intestines hanging out of a wound in his groin—that was a very dangerous wound—he was in danger of his life for some time—he recovered in about seven weeks, and was then discharged—he is not at present as strong as he was, but he may be.
Cross-examined. Q. The wound on the face was slight? A. Yes.
GUILTY on 3rd Count. Aged 25.— Transported for Fifteen Years.
(There was another indictment against the prisoner for a like offence upon Peter Fates.)
OLD COURT.—Friday, August 20th, 1852.
PRESENT—Mr. JUSTICE TALFOURD; Mr. Ald. MOON; and Sir ROBERT WALTER CARDEN, Knt., Ald.
Before Mr. Justice Talfourd, and the First Jury.
MR. CHARNOCK conducted the Prosecution.
ANDERSON MASSEY . I live and carry on business at 58, Baker-street, Portman-square, the Baker-street Bazaar. I am in partnership with my brother, Mr. William Massey, and have been so about eight months—before that I carried on business as a linen draper, at Stamford, in Lincolnshire—I am twenty-nine years of age—I had been in business as a linen draper six years—I am a Lincolnshire man—my father was a very large farmer there—I have one brother, who lives at St. John's-wood, who has an appointment in the city, and another brother who is an ironmonger, at the Baker-street Bazaar—on Friday, 30th July, I went in an omnibus, from St. John's-wood to Charing-cross—I dismounted from the omnibus at Charing-cross—I left my brother's at 10 minutes to 10 o'clock, and I think it must have been about 20 minutes past 10 when I got from the omnibus—on my return from there I passed the back of the barracks—I had no occasion to pass it, but I did pass it, on my way back to St. John's-wood—there is a urinal there at the corner of a street, where the baths and washhouses are—I do not know the name of that street; it is at the back of the barracks—there are six divisions to the urinal—I have made a model of it since (producing it)—there is a gas light at the end of it—there is no gas light at the top—you can go into it from either side—I am not sure whether I went in to the third or fourth division from the side nearest the baths—while there I did not speak to a soul—I did nothing while I was there except the purpose for which I went in—when I first went there the place was full, and two others waiting—I did not see the prisoner there—I went in, and came out.
COURT. Q. Did you wait outside or inside? A. Just inside—there were two others inside, and the places were all full—I entered at the further end, and came back the same way.
MR. CHARNOCK. Q. You do not mean that you waited inside the unnal?
A. No; not inside it—the wall comes a little further on, and that was where I waited.
COURT. Q. Did you wait inside the enclosure? A. No; just inside the wall, close by.
MR. CHARNOCK. Q. There is a long wall there I believe, and this place is fastened against the wall, there being more wall on each side of it, out-side the place? A. Yes—when I left I should think there were four persons there—it was perfectly light—I came out at the end against the baths, and turned to the left to come into Princes-street, that leads into Oxendon-street, and into Coventry-street—it is the only direct street into Coventry-street—I went straight up, I passed the baths and washhouses, and turned westward towards the Haymarket—I did not go up a street called Arundel-street, which has no turning, and then come back again—my attention has been since called to Arundel-street—I certainly did not go up there—I went through Titch-bourne-street, into Regent-street—I continued part of the way up Regent-street, on the right side—I then crossed over to the left, and waited to hear a band playing, I should think about eight minutes—it was playing in one of the bye streets leading out of there—I then proceeded to the Regent-circus, where the omnibuses stop to take up persons—up to that spot nobody had spoken to me—I had not the slightest idea that any one was following me—I had passed many policemen between the urinal and the Regent-circus—I waited about fire or six minutes for an omnibus before one came up—during that time no one spoke to me—there were policemen standing there—at the expiration of that time I was about to get upon an omnibus—I had not got up—I was just moving from the causeway to get up; I had not touched it; I was close to it; it had stopped—any one could tell by my manner that I was going upon it; and as I was going, the prisoner touched me on the shoulder in this way, took hold of my left arm, and said, in a low tone, "I want to speak to you"—I turned round, and he said, "You have been guilty of an indecent assault upon me at the back of the Trafalgar barracks, and I mean to have your name and address"—he was not dressed half so well as he is now—I had never seen him before until that moment—I turned round, and said to him, "You villain, what do you mean? I have never seen you in my life before, and I am only surprised at your audacity in making such an accusation"—he replied, "Oh, we shall see"—I said, "I suppose you are one of those fellows that require feeing, but you will be mightily deceived in the person you have got to deal with, for not one penny, or one farthing, or a single fraction would I give you if it were to save your soul"—I felt very intimidated; indeed I think I might have been knocked down with a straw at that moment—he kept saying, "Oh, we shall see," and he said he was determined to have my name and address—I said, "If my name and address is all you require, that I can easily accommodate you with," or "give to you"—I took out my card-case, and was going to give him my card—I took out my pencil also, to write my address upon it; but it struck me just at the moment, that if I gave him my address, that would be all he required, and he might annoy me in after life, in writing or some other mode, and I thought I bad better not give it—I gave him a card—it was afterwards produced by him at the police-office—I did not tell him my address when I gave him the card—I said I was going to St. John's-wood, near the Eyre Arms—I said that I lived near there—the omnibus was not stopping all this time; it had gone on—I then walked on, up Oxford-street, partly on the left side, as far as Duke-street, and then crossed over to the right, the northern side, the side nearest St. John's-wood—I turned up Duke-street, into Manchester-square, and ultimately into Baker-street
—that is the street in which I carry on business—during the time this took place, as we went along, I repeatedly saw police-officers, up Oxford-street, and likewise in Manchester-square—when I got to Dorset-street, which is a street crossing Baker-street, I turned round, and said "Now I shall not allow you to follow me or insult me any further"—as we went along he repeatedly spoke to me, but I never made any reply—he kept following me—I was conscious of his following me—he said he was as much a gentleman as I was—and what a very fine sort of a gentleman I must be, and those sort of observations—and in Baker-street I said, "I shall not allow you to follow me, or insult me any further"—we had passed a policeman about thirty yards in Baker-street, and I turned back and met the policeman—he was following us, and I said to him, "This man has a charge to prefer against me, policeman, you must take me into custody, and hear what he has to say"—at the very moment I began to speak, the prisoner also said, "I give this person," or "gentleman in charge"—I spoke first; I am sure of that—we met the policeman—the prisoner said he gave me in charge for an indecent assault at the back of Trafalgar-square—he must have seen the policeman as we passed him in Baker-street; he could not help seeing him—we were going in the same direction—the prisoner was behind me—I said to the policeman, "Now, supposing this accusation to be true, what should you have done to the person that did it? would you not at once have knocked him down?"—the policeman said, "Certainly, I would"—I went to the station with the policeman—the prisoner there preferred the charge, and I was locked up all night with other prisoners—some drunken, horrid fellows were in the same den where I was put—the prisoner was not detained in custody—he was allowed to depart—next morning I was taken to Marlborough-street police-office, put into the dock, and the prisoner appeared against me—he was sworn and examined—after the case was finished on his part, the worthy Magistrate, Mr. Hardwick, dismissed the charge at once, and made us change places, and bound me over to prosecute at this Court—that was the Magistrate's own act—there is not the slightest foundation for saying that I put my hand upon his private parts in this urinal, or that I exposed my person to him—I had never seen him to my knowledge till he approached me at the omnibus.
Cross-examined by MR. BALLANTINE. Q. Are you an inhabitant of London? A. Yes; I live at 58, Baker-street, and carry on business there as an ironmonger—I do not sleep there—since I have come to town I have had no settled home of my own—I live sometimes with one brother at St. John's Wood, and sometimes with another at Cricklewood—I always sleep at one of those two—on this evening I was going to St. John's Wood—I had spent the evening with my brother at St. John's Wood, and had come down to Charing-cross merely for a lounge—I believe it was 10 minutes to 10 when I left my brother's—I had not been anywhere—I merely rode down to Charing-cross for a lounge, and then I came back, and went to this urinal—it was full, and two persons besides myself were waiting—I was outside the two others, they were before me—I should say neither of those was the prisoner—I am not able to say with certainty—after leaving there, I turned to the left, past the baths—that may be considered rather a retired spot—I am not much accustomed to the locality—I think there are a great many people about there—it is rather thickly populated—there were a great many persons about there that night—I went up Princes-street and Oxendon-street—that is a very extensive thoroughfare—I then got into Coventry-street—I did not go up a street into Panton-square—I did not turn up
towards Panton-square at all; I am quite sure of that—I did not turn up any street—I crossed Coventry-street from the left to the right, a little further on than Oxendon-street—I did not go into Leicester-square at all— I did not go down Arundel-street or Arundel-place—Regent-circus is a very populous place—the prisoner did not come up to me, or make any observation to me until I got there—after he first spoke to me I might have called the attention of the police: I did not do so, because such a thing never struck me at the moment—there were, of course, plenty of passers by to whom I might have spoken—I asked the policeman if the charge were true, and a man had conducted himself to him, as the prisoner said I had done, whether he would not have knocked him down—the same reasoning would certainly apply to the charge as to the offence; I might have knocked the prisoner down when be charged me, but that would have been taking the law at once into my own hands—I did not see the policeman when I was locked up.
MR. CHARNOCK. Q. I suppose you were a good deal excited at the time? A. I was very much so indeed—it was a very fine night, moonlight —there is no pretence for saying that I went up Arundel-street, Panton-square.
JOHN MARSHALL (policeman, 118 D). On Friday night, 30th July, I was in Baker-street, between 10 and 11 o'clock—I saw the prisoner and Mr. Massey pass me—it was not a very moonlight night—it was near 11, within a few minutes—after they had passed me about forty yards, they suddenly turned round—I had just come out of Dorset-street into Baker-street—they stopped, and I came up to them.
Q. When you came up to them, recollect if you can which of the two spoke to you first, or whether they spoke together, and what was said? A. I distinctly heard the prisoner say that he would give that gentleman in charge for committing an indecent assault upon him—he repeated that three or four times over—Mr. Massey spoke near about the same time, but I did not hear his words, and do not know what it was he said—I did not hear them talking before I came up—I did not notice, because I came out of Dorset-street into Baker-street, I did not come right along Baker-street—I took Mr. Massey into custody, and took him to the station—the prisoner went with us and preferred his charge—I saw him sign the charge-sheet in the name of Henry Horner—Mr. Massey was locked up all night—I was present next day—the prisoner appeared, and gave his evidence—the charge was dismissed, and he was put into the dock by order of Mr. Hardwick—Mr. Massey went into the witness box, and was bound over to prosecute.
Q. Was that done by Mr. Hardwick, or was he applied to to do it? A. I never saw any one make the application—the case lasted a long time.
Cross-examined. Q. I believe I may take it that my friend Mr. Charnock was there, and a solicitor into the bargain? A. I do not know, there were several gentlemen there—the prisoner had no solicitor there—I did not know Mr. Charnock then—I never heard the name—I did not hear it on that occasion.
NASSAU O'BRIEN (police-inspector). On Friday, July 30th, the last witness brought Mr. Massey to Marylebone-lane station on a charge—that charge was given by the prisoner, and was signed by him—it was read over to him—I produce the charge-sheet—the charge was, indecently assaulting complainant at the back of the National Gallery, in the parish of St. George, Hanover-square—Mr. Massey was locked up—I was not at the police court in the morning—the prisoner gave his name and address as Henry Horner,
37, New Cut, Lambeth, baker—he signed his name, and I wrote the address from his dictation.
WILLIAM BISHOP . I am clerk to the Magistrates at Marlborough-street Police office. I was on duty there as clerk on Saturday morning, 31st July, when a charge was preferred by the prisoner against Mr. Massey—the prisoner was sworn—I took a note of the evidence—this is it—(read)—Henry Harrison, of No. 55, York-road, Lambeth, baker, sworn—I was coming from my father's last night to Princes-street, Leicester-square, and I went into the urinal at the back of the barracks, at the back of the National Gallery—I went into the first place vacant—the prisoner was in the next place, and put his hand round and took hold of my penis in a very indecent manner, and turned round and exposed himself to me—I went out and followed him, for the purpose of seeing where he lived, with a view to give him in charge—I followed him to Regent-circus, Oxford-street, where he was going to take an omnibus—I said to him, 'You cannot go there, Sir'—he said, 'Why?'—I said, 'Because you have acted in a very indecent manner to me down by the barracks;' and I followed him, for the purpose of seeing where he lived, and then to call a policeman—when I accused him of it he told me he did not know anything of me, and denied all knowledge of me—then he said, 'I will give you my address if you require it, and you can call on me in the morning; I live at St. John's Wood'—he pulled out his card and gave it to me, with the name of Anderson Massey on it—he was going to write upon it, and I said, 'If it is your card, is not your address printed on it?'—he said, 'No; I will write it'—then he said, 'Give me your address first, if you are a gentleman'—I told him I was not a gentleman, but a baker; and, perhaps, as much a gentleman as he was—he then said, going along, he supposed I wanted feeing—I said, 'Feeing! I don't understand you, what do you mean?'—he said, 'I dare say you don't; have you never been at school? you look like one of those rascals that does'—nothing further occurred till we were in Baker-street; there, he said if I wanted to go to see his residence I might have ridden in the omnibus with him, and he would pay for me if I had not the means—I told him I was not without a shilling, and did not consent to any such proposal, and I looked on his statement as all untrue—when we got about twenty yards past a constable he said, 'There is a constable we have passed, and if you mean giving me in charge you had better do so'—I said, 'If you will turn round I will'—it was then close on 11—I went up to the constable and said, 'Take this man in charge for an indecent assault'—he was taken to the station—Cross-examined by MR. CHARNOCK.—I am a single man—am twenty-two years of age—live with my father, work for him—have been at home nine months and previously worked for Mr. Gilbertson, in Judd-street, three or four months—before that, was at Mr. Robertson's, Macclesfield-street, six months— before, I was at a house of call, and my father's—I was nine months with Mr. Ryan, in Gilbert-street—before that, at Mr. Dales Chapman, Lansdown-place—I gave my name when I gave the charge, 'Henry Horner'—that was false, and a false address—New Cut, Lambeth, is a false address—I cannot swear that I said I was connected with the Bread League—I might have said so and forgotten it—I never before went by the name of Henry Horner, or gave a false address before, or by any false name—I do not know such a person at 37, New Cut, Lambeth—it first came into my head at the station, to give a false name and address—my reason was, when I was in the country I knew a young chap of that name, and his name came into my head—I do not know who lives at 37; I fixed upon it by accident
—I regretted it when I got home that I had given a false name and address—the urinal is at the corner of a street—I do not know that there are six places in it—I do not deny I have been there before, perhaps a dozen times, I cannot tell—there is a gaslight there—there are two entrances to the urinal—I cannot say if all the places were filled—I did not cry out or give any alarm—I believe I came out before him—I made no charge on the spot; I did not exchange a word with him from coming out of the urinal till we got to the Regent-circus—I think he saw me following him—he passed the baths into Princes-street, Oxendon-street, Coventry-street, up Arundel-street, where there is no thoroughfare, along Titchborne-street to Regent-street, and crossed over—some music was playing; he stopped not a minute there—it was 10 when he insulted me—it was about half an hour to the time he was getting on the omnibus—I saw two or three policemen on the road; the first, I think, was in Regent-street—I am not sure I did not meet one before that—I did not inquire for one, because I wanted to expose him by finding his address—I saw the policeman in Oxford-street—the prisoner went to run, he did run about twenty yards—I followed him—I told him when he wanted to write his address, 'That won't do for me'—I would not let him go in the bus—he turned up Duke-street, and said he was going to St. John's-wood—I did not exchange a word with him all the way, hardly—we went more than fifty houses into Baker-street before anything was said to the police—in Baker-street the prisoner did not say, 'I will not permit you to follow me'—he did not stop in Manchester-square—I am not known to the police—I have been an attorney's clerk, with Mr. Guy—I had 5s. a week, and left of my own accord—I was there twelve months, five or six years ago—he said, 'I suppose you want feeing' in Manchester-square—I thought if I did not follow him I should not get his correct address—he gave me the card in Duke-street—I did not give him my address; I told him I would give it to his superiors—I did not know what he meant by feeing me—I have been in a police court before at Lambeth—a man was fined for assaulting me—I never made any charge against any person in the police court, or against any one since—I have not latterly received any money from my father, but my father gives me 1s. or so when I ask—when there is much doing, I am employed from 4 in the morning till the afternoon—yesterday I was in doors all day sitting—I did not go out till half past 9 last night—I was on my way to my house of call—I went over Westminster-bridge up Parliament-street to Charing-cross; then necessity required and I went into the urinal—he did not lay hold of me till I had pumped ship—I cannot say how long I ceased to work as a baker—it is about nine months since I earned any money—I slept at my father's last night—it may be a month since any business has been done at my father's."
Q. Is that a true account of what passed? A. It is; upon that, Mr. Hardwick said, "I do not believe one word of the statement against Mr. Massey," and dismissed the charge.
MR. BALLANTINE to JOHN MARSHALL. Q. Did you make inquiries at the prisoner's father's to find out whether his account was true? A. I did; I found that he was living at home at his father's.
JURY. Q. What is his father? A. A baker, but the shop was shut up.
COURT. Q. Where does he live? A. 55, York-road, Lambeth.
MR. BALLANTINE. Q. That was the address he gave at the police court? A. Yes; his father has been carrying on the business of a baker there, but it appears that he has not been doing any business for some time—there was nothing in the shop when I went there—there was no bread in the shop; the shutters were down, but there were no scales, or bread, or anything in the shop.
(MR. BALLANTINE stated that he had no imputation whatever to cast upon the prosecutor; the only question was, whether the prisoner had acted bond fide, or whether he might not have mistaken the prosecutor for the person who had committed the alleged assault upon him.)
(William Ryan, baker, 34, Gilbert-street, Grosvenor-square; William Tingay, licensed victualler, 18, Princes-street, Leicester-square; James Hume, baker, St. Michael's-place, Brompton; John Trigwell, builder, Brompton; William Phipps, coal merchant, Wandsworth; William Woodward, flour agent, 1, Surrey-square, Old Kent-road; and George Lapham, baker, deposed to the prisoner's good character.)
GUILTY . Aged 22.— Transported for Ten Years.
Before Russell Gurney, Esq.
GUILTY . Aged 28.— Confined Six Months.
Before Mr. Recorder.
GUILTY . Aged 66.— Confined One Month.
MR. RYLAND conducted the Prosecution.
GEORGE FAYRER . I am a surgeon, residing at Barking. On Sunday, 4th July, about 3 o'clock in the afternoon, I was called to see the deceased—he was in a house near where the accident happened—he was then alive, but he only lived a few minutes—he did not show any symptom of consciousness—I examined his body after death—the cause of his death was a very severe fracture on the side of the head—the brain appeared—it might be occasioned by a very severe blow—it might have been from a cart falling on him.
Cross-examined by MR. CLARKSON. Q. Did you know the prisoner before? A. Yes; he lived within half a mile of Barking—he is married, and I believe has two children—he was not used to drive, and I may observe that I have heard that the horse was a difficult one to drive.
ROBERT JAMES POWELL . I am a labouring man, and live at Barking. On Sunday, 4th July, at a little before 3 o'clock in the afternoon, I was standing in East-street, Barking—I know the Bull corner—it is a sharp ugly corner—I saw a horse and cart coming towards London—the prisoner was driving—he was coming galloping—I should think at fourteen or fifteen miles as hour—the prisoner had a white stick in his hand, and he hit the mare with it while it was galloping—there was a girl and a boy in the cart with him—he drove round the Bull corner at the same pace—he did not pull in—one of the wheels skidded on the ground, it did not go round at all—the other wheel was turning round, but it was not on the ground—the wheel that was on the ground was sliding along—as they were going round the corner the cart upset—there was a dead horse on the cart besides the prisoner and the two children—they were all thrown out—I went and took up the little girl—I saw
the prisoner and the little boy under the cart—having taken care of the little girl, I got hold of the little boy as quickly as I could—he was bleeding from the nose and mouth—I carried him into Mrs. Kemps, and the surgeon was sent for—he appeared to be dead.
Cross-examined. Q. Did you ever drive fifteen miles an hour? A. Yes—I am a labourer, but I was brought up amongst cattle and horses—I have worked for Mr. Ford, a smack-owner, about one year and six months—I do not say that I have gone fifteen miles an hour for an hour, but I mean at that speed for a time—I do not know Mr. Jabez Abbott, of East Ham—I have heard that the prisoner has been working for him for some years—I know that he was brought to the London Hospital—I do not know whether he filled a subordinate situation at Mrs. Lowman's—it was the near wheel of the cart tbat was skidded—there is no post there—there is a lamp-post, which was right before him—there is a kerbing, but no paved stones—the off-wheel was nearest to the kerb, and the near wheel was skidded.
COURT. Q. One wheel was turning in the air? A. Yes; it was the near wheel that skidded—the cart fell on its left side, into the road, not on the kerb.
MR. CLARKSON Q. He did not run up against anything? A. Not anything—this was on Sunday—I stood against Mr. Lake's corner—I did not see any one there besides me—a great many persons came out of the Bull directly the accident happened—I had not been in the Bull.
ELIZA KEMP . I am the wife of Joseph Kemp; I live at Barking—I remember the Sunday this happened; I ran out and saw the boy under the cart—I helped to take him into my house—the surgeon saw him, and he died there.
MARY BEGEANT . I am the wife of Thomas Begeant, and the aunt of the little boy, Alfred Lowman—he was living with his mother—I saw him that morning—he was at my house, and I saw him at his mother's house—he left his mother's house with the prisoner—I saw him in the cart when he started—there was a little girl, his sister, with him—he was perfectly well when he left in the morning, just before 9 o'clock—I never saw him again alive—I saw him after he was dead, with a wound in his head—it was the same little boy, my nephew.
Cross-examined. Q. Is your relation, Mrs. Lowman, here? A. No; she is at home—she does nothing, unless she gets a little needlework—she does not boy dead horses—Mr. Lake does—my sister did not ask the prisoner to go and take the children with him—he asked if they might go—my sister said no at first, but the prisoner said he would take care of them—Mr. Lake did not employ him—my daughter came to me for money to buy the horse—Mr. Lake is my brother; he works for Mr. Monk—Mr. Lake employs the prisoner, and I gave the money to pay for the horse—the prisoner is married, and has two children.
MR. RYLAND. Q. Who employed the prisoner on this particular occasion? A. No one; he offered to go because the regular man was out—the children were refused at first, but the prisoner promised to take care of them, and they were then allowed to go.
MR. CLARKSON. Q. This man did not work for Mr. Lake? A. No; he went out of kindness to ray sister, and I found the money—this cart was a knackers cart, it had scarcely any sides—the prisoner was receiving no remuneration for what he did—I have known him some years; he is a good tempered, well conducted, kind hearted fellow.
On that Sunday the prisoner called on me; he was driving a horse and cart, with a dead horse in it, and he had two children in it—he stopped at my house—I should say it was between 1 and 2 o'clock when he came, but I was lying down on the bed—we do so much on week-days that we are glad to rest on Sundays—we had a pot of beer at my house between five of us—we went on for about a quarter of a mile and had another pot between four of us—I did not see but what the prisoner was capable of driving a horse—I rode with him about a quarter of a mile—he drove very steadily, at about seven or eight miles an hour—he was sober, as far as I know—I could not see that he was any way drunk—if he was at all fresh it was very little.
Cross-examined. Q. How long have you known him? A. Eleven or twelve years—I do not know his age—he is quite a young lad—I did not see him in the hospital—I do not know whether his skull was fractured—I believe he is a kind hearted, good tempered fellow.
EDWARD MAYNARD . I am a carrier, and live at Barking. On the Sunday this happened I heard a noise; I went out, and saw somebody driving a knacker's cart—I noticed one child in it—I do not know whether there were two—I did not notice the man who was driving—the cart was galloping at about nine or ten miles an hour, but I was half a mile from the place where the accident happened.
JOHANNA MARTIN . My husband is a bricklayer—I remember that Sunday—I was standing at my gate exactly opposite the Bull—I saw the cart come—I do not know whether the prisoner was driving it—it was coming at a frightful pace, very fast—I stood and saw it come round the corner—as the man was driving, the right hand wheel flew up, and the left wheel appeared dragging along the ground—the cart turned over from the right to the left—I saw the people thrown out—I was frightened, and went into my husband's house.
MR. CLARKSON to R. J. POWELL. Were you ever in any trouble? A. Not yet, I do not know what I may be—not the like of this—Mr. Glenny used to be very kind to my family at Barking—I worked for him—I never got into any trouble on his account—I was never caught with any corn of his—I believe there was something said about such a thing—I do not know whether Mr. Glenny said it—how can I tell whether I was turned away on suspicion of disposing of Mr. Glenny's corn?
GUILTY. Aged 26.—Recommended to mercy by the Jury. — Confined One Month.
He received a good character.— Confined Two Months.
Before Russell Gurney, Esq.
MR. CAARTEEN conducted the Prosecution.
JAMES WAYLAND . I am a watchmaker, of Stratford. On 15th July, between 3 and 4 o'clock, I was in a crowd in the Broadway, Stratford, it was at the election—I had a handkerchief in my pocket, which I had seen safe, and used a few minutes before—I felt a tug at my pocket and turned round, but did not see the person who had taken it—in consequence of information, between 6 and 7 o'clock, I went to the station house at West Ham, where my handkerchief was shown me—this (produced) is it—there are several stains on it which I can swear to—I have had it about three months, and
two others of the same pattern, one of which I brought up yesterday to compare with this one, and I was robbed of it in Long-lane.
Cross-examined by MR. M. PRENDERGAST. Q. How do you know this handkerchief? A. By having used it, and by the stains on it, and by the general appearance—there are no initials on it—I had used it a great deal before I lost it, having had something in my eye—and when I saw it again I could swear to it by the way in which I had used it, without seeing the pattern—I was going to and fro in the crowd—I was on the committee on the liberal side—I did not see the prisoner.
JOSEPH BENTON (policeman, K 381). About 10 minutes past 6 on this day, I took the prisoner into custody at the Swan, which is not far from the polling both—I searched him at the station, and found this handkerchief in his trowsers pocket—I asked him how he came by it, he said he bought it in Petticoat-lane.
GUILTY .* Aged 22.— Confined Twelve Months.
(There was another indictment against the prisoner.)
HOWARD pleaded GUILTY .— Confined Three Months.
EDWARD DARLINGTON . I am an examiner of carriages belonging to the Eastern Counties Railway Company. On 14th Aug., about 4 o'clock, I saw the prisoners crossing the railway—Howard had a bag; they were together, and Harris assisted Howard over the fence with the bag—they then deposited it in a cart which was standing on a bye-road—they both took part in that—I called a policeman, and gave them into custody—I saw the officer find one cwt. and a half of springs, and one cwt. and a quarter of iron, the property of the Eastern Counties Railway Company.
ARTHUR FREEBODY (policeman, K 116). I received information, and walked down the North Woolwich-road, behind a van drawn by two horses—I saw the prisoners standing on the footpath, and the truck by their side, apparently loaded with shavings and wood—I asked them what they had there, they said, nothing but some pieces of wood and shavings, which I could see—I asked them to show me—they refused to do so—Darlington turned over the truck, and it proved to be this iron and steel.
WILLIAM HARVEY . On the morning of 14th I saw Howard and a man who is not taken, on the wharf—I did not see Harris—about 11 o'clock I saw the iron and steel safe in the truck, where it is kept on the Company's premises—I went away, came back at 1, and me and another young man hid ourselves in a box about sixty yards from the truck, and we saw Howard and the man not in custody, come to the truck—Howard got in the truck and filled the bag which the other man held—they then went away with it off the wharf, about sixty or seventy yards, where they put the iron in a basket, and covered it with chips—Harris came up while they were doing that, and a few minutes after they all went away—when we came up to them, in about twenty minutes, the other man went away with the bag, and the prisoners with the basket.
HARRIS— NOT GUILTY .
Before Russell Gurney, Esq.
GUILTY . Aged 23.— Confined Four Months.
Before Mr. Recorder.
MR. CHARNOCK conducted the Prosecution.
ROBERT HINDRY MASON . I live at Greenwich, and am publisher and proprietor of the Greenwich Observer. I know the prisoner—he applied to me to become collector of advertisements for me—the terms agreed upon were twenty per cent., of course that was for genuine advertisements—he brought me an advertisement to insert for Mr. Burnby, a china and glass dealer, at Deptford—I inserted it—I have a copy of the paper in which it was inserted—this is the advertisement he brought me (produced)—he called my attention to the writing on the paper, that it was to be inserted once, but the type was to stand, with the expectation that it was to be inserted again—I had not inserted any before for Mr. Burnby—it was inserted on 2nd July—this is it—I asked the prisoner if he had arranged with Mr. Burnby as to the price of the advertisement—he told me no, it was to be arranged according to the scale of prices—I paid him 2s. commission on that advertisement—I sent the account to Mr. Burnby, which was 10s.—I would not have paid the prisoner that 2s. if I had not thought the advertisement was genuine—the prisoner had presented an account, including several advertisements, charging twenty per cent, on the gross amount, but Mr. Burnby's was omitted in that, and he brought it to me afterwards, and said it would be 2s.—I reminded him that I had paid him 2s. 6d. excess on a former account, and that would account for it—I would not have allowed that account afterwards if I had not believed that he had obtained authority to insert that advertisement—he brought me this account of commission on advertisements—(this being read, contained William Youens, 5s., and John Anthony Waite, 8s. 6d.)—I believe he brought this account about 1st July—before he brought this account I had inserted two advertisements for Mr. Waite and Mr. Youens—I asked the prisoner whether he had made any arrangement with Mr. Waite—he said no, it was to be inserted according to the scale—I settled this account on the supposition that these two accounts were genuine, in fact that they were all genuine—I afterwards applied to Mr. Waite, Mr. Youens, and Mr. Burnby for payment—I was not able to get either of those moneys—this letter (looking at one) is the prisoner's writing—the commission on Mr. Waite's and Mr. Youens' advertisements would be about 2s. 9 1/2 d.
Prisoner. Q. The first money I had of you was 2s. 6d.? A. Yes; you had that on account—you gave me Mr. Burnby's advertisement in my own house—I will not swear that—I recollect meeting you in the street when I was about to get into a carriage—I do not recollect that you mentioned anything with regard to Mr. Burnby's advertisement—I recollect you told me that you had seen Mr. Burnby's son, and had to see his father—I do not recollect whether that was when I was at the cab—you sent me a letter with regard to this account, not with the account, but about it—the letter is destroyed—to the best of my recollection the contents of it were that you had left an account with me receipted, and that I had promised you should
have your money directly advertisements were brought in—before receiving the letter I had posted a check for the amount due to you on that account—you had had 12s. 6d., and I sent a check for 1l. 5s.—you had 1l. 17s. 6d. altogether—I do not recollect the day you had the 2s. 6d., I think it was about 28th or 29th June—I sent the check for 1l. 5s. on 3rd July—you had had 10s. between the 2s. 6d. and 3rd July.
COURT. Q. When did you pay him the 10s.? A. During the election—he presented his account and wanted payment—I told him I had not time to examine it, and I desired him to give me an opportunity to test it—whether I paid him the 10s. then, or the 1l. 5s. first, I cannot tell—I might have paid the 2s. 6d. first and the check second—I cannot tell.
Prisoner. Q. You made me sign a book for this money? A. Yes; but the book was signed some time afterwards, and there was no date to it—when you gave me Mr. Waite's advertisement, I asked you if you had made any arrangement as to price—you told me no, it was to be charged scale prices—I think what was written on the advertisement was, to insert it one time—I sent Mr. Burnby an account—my recollection does not serve me as to what I charged him—I think it was 12s.—I do not recollect hearing you say anything when you brought Mr. Youens' advertisement—you certainly did not tell me that I was to insert it provided Mr. Youens sent over no word to the contrary—at the time you were collecting these advertisements there was considerable excitement about the election—I was an active agent for Mr. Salomons—I think there was not a possibility of my forgetting any material statement you made to me—if I had a doubt I would state it.
MR. CHARNOCK. Q. You paid altogether 1l. 17s. 6d.? A. Yes; I would not have paid him the 2s. 6d., or the check, or the 10s., if I had not believed these advertisements were genuine—certainly nothing was said when these advertisements were brought that I was not to insert them—(The letter from the prisoner being read, was dated from Newgate, and expressed regret that the prosecutor should have made the charge against him, and stating that if he would call upon him he could explain the matter, and also procure more advertisements for him.)
JOHN ANTHONY WAITE . I live in Blackheath-road, and am a gas-fitter. The prisoner came to me some time towards the latter end of June, about advertisements, to know if I would allow a paper which he held in his hand to be inserted in the Greenwich Observer—I said, no, I did not see any advantage in it, as I advertised in some papers—he said, if I would patronize him, he and Mr. Mason were partners, and if I would allow my advertisement to be inserted, he and Mr. Mason would take it out—I refused to allow him to insert any advertisement—I was afterwards applied to by Mr. Mason, I think it was for 10s. 6d., but I paid very little attention to it, because I knew it was wrong.
JOSEPH BURNBY . I live at 4, High-street, Deptford, and am a china and glass-dealer. The prisoner came to me relative to advertisements some time towards the latter end of June—he brought a copy to my son who has charge of the shop—he brought him to me, and asked if I would allow that to be inserted in the Greenwich Observer—I told him, "No!"—I did not consent to it, I declined it—I was afterwards applied to by Mr. Mason, for 12s.—I declined to pay it.
Prisoner. Q. You have two shops? A. Yes; my son manages one.
MR. CHARNOCK. Q. Has your son any authority to insert advertisements without your consent? A. None.
My son carries on the business—the prisoner came to my place about the end of June, he brought a paper in his hand, which was an advertisement, and asked me if I would have it inserted in the paper published by Mr. Mason—I refused to give him my consent to insert it—the last word I said I told him not.
Prisoner. Q. Was Mr. Youens at home? A. No; I told you not to insert it, and if it were inserted, it would not be paid for—you did say that you would insert it, and, perhaps, if Mr. Youens did not wish it, he would send word to the contrary—but I told you he would not be up from the country that week; and if you inserted it, it would not be paid for.
JOHN CARPENTER (police-sergeant, 38 R). I apprehended the prisoner in Greenhill's Rents, on the 21st—I told him he was charged with obtaining various sums of money from Mr. Mason by bringing him advertisements for which he had no orders—he said he was not aware that he had done so, and he said, if Mr. Mason had supplied him with slips to have obtained orders, it would not have occurred.
Prisoner's Defence. It is customary for proprietors of newspapers to supply you with slips; I asked him for them, and he said he had not any; there was no intention to defraud on my part; I considered that I had authority to collect these; the total sum I received only amounted to 4s. 9 1/2 d.—in the case of Mr. Burnby, he states that I had an interview with his son, and he wished to consult his father; I told Mr. Mason, and he inserted it; there was great excitement in the town; he had got thirty advertisements altogether, and in such a number, it is not wonderful that such a mistake should occur; this account I brought down from London, but I discharged it before I brought it in to Mr. Mason; I sent him a letter hoping he would not hold this against me as discharge; he gave me 10s., 2s. 6d., and 1l. 5s. 0d., by a post-office order, but the account was not then discharged; I gave him two or three more advertisements, therefore the account is not discharged; he sent me a notice from his attorney to produce the account I left with him; that is a subsequent account.
MR. MASON re-examined. The second account he sent me was in consequence of Mr. Burnby's sum not being inserted in the first account; but he did not leave it with me; he took it away again—that explains this notice.
GUILTY on the First Count. Aged 23.— Confined Six Months.
850. MARY ASHDOWN , stealing 1 frock and 1 petticoat, value 4s.; the goods of Joseph Partridge, from the person of Isabella Partridge: also, 2 petticoats, and other goods, value 5s.; the goods of William Hammer, from the person of William Jacob Hammer: having been before convicted: to which she pleaded
GUILTY . Aged 16.— Transported for Seven Years.
MR. BIRNIE conducted the Prosecution.
JAMES BROUGH GIBSON . I live with Alexander Gibson, a linendraper, at Woolwich. On 12th July, between 5 and 6 o'clock, the prisoner came, and wished to be shown some black coburg—I showed her some, and I showed her some shawls, but there were none to suit her—she did not buy anything—she left the shop, and shortly afterwards I missed a cravat—this is it—I went after her—she went into a public-house—I waited to see if she came out—she did not, and I went into the house, and charged her with the cravat—she said she had
not seen it—I said she must go to the station—she then took it out of her pocket, and threw it at me—this is it—it is worth 4s.
Cross-examined by MR. O'BRIEN. Q. Where was this? A. Hanging on the door of the shop; it has a private mark on it, the letter "E," in pencil, in my brother's writing.
(The prisoner was further charged with having been before convicted)
SAMUEL WATTS . I am a Woolwich constable. I produce a certificate of the prisoner's former conviction, at this Court—(read—Convicted June, 1849, of stealing a pair of stays; confined six months)—the prisoner is the person.
GUILTY. Aged 28.— Confined Three Months.
MARCHMAN pleaded GUILTY .— Confined Twelve Months.
MR. DOYLE conducted the Prosecution.
WILLIAM SNAZELL . I am a builder, and live at Sydenham. On 4th Aug. an execution was put into my house, and the prisoner Marchman was left in possession—the other prisoner I know nothing of—I settled with the Sheriff, on Tuesday, 10th Aug., and withdrew the Sheriff—there was an execution then left in my house from the County Court, and Marchman was left in execution—I understood there was a person left in possession of the brick-field, but I had not seen that person—on Wednesday, 11th Aug., Marchman was withdrawn—I missed several articles, in particular two walking sticks and an umbrella—I asked Marchman if he knew anything of them—he said he had seen them hanging up in a certain place, but it was impossible for him to account for them, as so many people had been in and out of the house viewing the goods—(they had been advertised for sale)—Marchman went away, but previous to discharging him I gave information to the inspector of police—I mentioned several things I had missed, in particular a box of shaving paste—on the Wednesday I went to the station, and saw a quantity of my property, many things that I had not missed—many things that I missed I have not yet found.
GEORGE SALE (police-sergeant, 41 R). On Wednesday, 11th August, I went to the railway station—I saw Marchman—I told him there were several articles missing from the house of Mr. Snazell, and asked him to go back there—I asked him about a box of shaving paste—he said he was shaving, and accidentally let it fall.
JOHN CARPENTER (police-sergeant, 38 R). On Wednesday, 11th August, I went to Walters's house, in Lamb-lane, Greenwich—I saw Walters there—I told him he was charged with being concerned with Marchman in stealing a quantity of articles from Mr. Snazell, at Sydenham—he said, "I stole nothing, you may search my house, I have got nothing"—I searched the room, and found this little box, containing two shaving boxes, two shaving brushes, and a razor—I asked him whose they were—he said, Everything in this room belongs to the landlord"—I called the landlord and landlady into the room, and asked them if the property in the room belonged to them—they examined it, and said yes, everything in the room was theirs, except this one box and brush, and the razor—I then turned to Walters and said, "These are articles that I am looking for"—(I had a list of articles in my
hand at the time)—Walters said, "I know nothing about it, I was not in Mr. Snazell's house, only to get my meals"—I told him he would have to go to the station, as these things belonged to Mr. Snazell—he then said, "Oh, I recollect now, Marchman gave me that box, brush, and razor, and told me they might be serviceable to me"—I found three duplicates, one of them was of a shirt pawned on 9th Aug.—this is it—I asked Walters about the three duplicates—he said, "They were our own things"—I said", Here is one for a shirt, pawned 9th Aug."—he said, "They all belong to us, they were our own things"—the next day I accompanied the prosecutor to Mr. Smith's, the pawnbroker, at Greenwich, where the shirt was pawned—I asked the pawnbroker to produce this shirt, and he produced it, with a corresponding ticket on it—I went to Walters's house, and found on the sideboard this chain, and this little lock and key—they were there when I was there before, but I did not notice them, as they were not in the list of articles that I had—in a cupboard under the sideboard I found some envelopes, and four sheets of paper, and on a chair I found this Doyley—the prosecutor identified them, and I took them away—I went to the station, and told Walters I had found these things, and I showed them to him—he said he had found the chain in a drawer, but whether he said in the washhouse or the outhouse I will not say, but it was one of the two—he said it was very dirty and green, and he had cleaned it and made it bright—he said the lock was his own—I showed him the lock and chain, and this flannel shirt and the envelopes, and told him the prosecutor had identified them, and that the envelopes had "Sydenham" on them—he said, "Very well, I must put up with the consequences."
Cross-examined by MR. SLEIGH. Q. He before said that Marchman gave him the shaving box? A. Yes; I only know from Walters that there was an execution in Mr. Snazell's brickfield—he said Marchman was in the house and he was in the brickfield, and that all he did in the house was to have his meals—when I went to his house I told him I charged him with having stolen property, and he denied having any—I said his wife had been seen to come with a bundle, and his wife and himself also said, "Yes, but that was my dirty clothes"—alluding to a jacket which was very dirty, which was hanging up in the room, and which certainly would have made a bundle—I have known Walters many years, he has uniformly borne a good character— I never heard a jot against him before.
MR. SNAZELL re-examined. These articles belong to me—I have not sworn to the envelopes, only they are similar to what I had—I had this chain and this lock I well know—I know this flannel shirt by a remarkable button being on it, which I noticed when I put the shirt on, and when I pulled it off a button was off it—I believe it to be mine—this shaving box and brush I know by using them—this lock I had in a drawer with this chain—I do not know the lock by any particular mark—I will not swear to it—I will swear to the chain.
Cross-examined. Q. Do you swear to the shirt; supposing this man's life were at issue, would you swear beyond all doubt that this shirt was yours? A. I swear to the shirt, as belonging to me, by a particular button being on it, and by one button being off it—the execution was put in my house on the 3rd, and was in till the 11th—I was not in the house—my door was forced open, and I left the house to them; I cannot tell whether this robbery was committed immediately after the execution was put in—I missed my umbrella and two walking sticks on the Tuesday night, and missing them I searched further, and missed many other things, which have not been found—I had this shirt hanging on a fire guard in the kitchen, on the 3rd, the day Marchman
took possession—I did not look to see that it was this shirt; I had a shirt of this description hanging there—I cannot identify this, except by this button being different to the others, and the other button being off—I never saw Walters till I was at the police court.
JOHN BLUNDBN (policeman, R 80). On Wednesday, 9th Aug., I went to Marchman's house, at 4, Maidenstone-hill, Greenwich—a woman opened the door—I went in, and searched the house; I found there two pictures, a looking glass, two walking sticks and an umbrella, and other things.
MR. SNAZELL re-examined. These are my sticks and umbrella—these other things are mine; they were all in the house when Marchman took possession—this prayer book is mine; here is the name of James Stevens in it, a gentleman who died in my house—this pocket book is mine; it contains papers of mine—I believe all this property to be mine—this little chain was, I believe, in the bureau drawer.
WALTERS— NOT GUILTY .
MR. BBODKIN conducted the Prosecution.
HENRY MATTHEWS . I live at Deptford, and am an upholsterer; the prisoner is my nephew. On 5th July I had occasion to leave home—I expected a customer, named Charters, to call to pay for some goods, and I told the prisoner if he called those were the goods, and he was to receive the money on delivering them—they came to 4l. odd—I came home in three or four hours—the prisoner was not then in the shop—I saw him in about half an hour, and I said to him, "Mr. Charters has been and had the goods, where is the money?"—the prisoner said he had not paid for them—I said, "You have not delivered the goods without receiving the money; you have got the money, and if you have been out and spent any of it give me what you have got"—he refused to do so, and rushed by me out of doors—I looked after him that evening and night, and found him in a state of intoxication—he has not accounted to me for 1l. 5s. received from Mrs. Dadd—it was his duty to have entered it in a book, and have given it to me—the goods were not entered, and I did not know that Mrs. Dadd had had them.
MARY DADD . I was a customer of Mr. Matthews's. On 21st July I paid the prisoner 25s. on account of his master—I had called and told him to bring a sofa home and take a couch away, and that was the difference—I did not require a receipt.
Prisoner. I never fetched it at all, the lad left it under the gateway. Witness. You brought it to my new house, and I came to the shop and paid you.
Prisoner's Defence. I received the money from Mr. Charters, went to Greenwich, and unfortunately stopped on the road and spent some of it, and my master did not give me the chance to make it up; I never received a farthing of the other money; Mrs. Dadd only comes here to save herself from the debt.
GUILTY . Aged 29.— Transported for Seven Years.
GUILTY . Aged 57.— Confined Three Months.
Before Mr. Recorder.
MR. BALLANTINE conducted the Prosecution.
THOMAS FITZGERALD . I am a labourer and live in New-street, Borough. On 29th June I was at work at a dust yard, at Rotherhithe—the prisoner was at work there about half past 1 o'clock—we are both Irishmen—when I came in after dinner, there was work thrown on me which I had no right to do, by a man that worked alongside of me—I objected to do it—the prisoner was working up over me on a hill of dust—he said if I did not do it he would put me out of the yard—I said he dare not do it—they came and gathered round me; one of the five struck me with a brick in the mouth, which knocked out one tooth, and loosened three more; the prisoner came up, stabbed me with a knife in the shoulder, and gave me three or four kicks in the belly—I did not fall then, but was knocked down afterwards with a pot—I was in the hands of a doctor afterwards—I had offered to fight the prisoner.
Cross-examined by MR. O'BRIEN. Q. More than once? A. No, only once; I had a shovel in my hand—it was not taken out of my hand by Mrs. Lyons, but perhaps when I was bated I dropped it—I saw nobody take it from me—I do not know how I dropped it—I had only taken a pint of beer at my dinner—I dare say the fight lasted half an hour—only Patrick Griffiths and two or three women were on my side—I did not knock anybody down, or strike anybody—the other men went before the Magistrate, and one of them got five weeks' imprisonment.
(The prisoner received a good character.)
GUILTY of unlawfully wounding. Aged 22.— Confined Four Months.
WILLIAM JAMES . I am shopman to Mr. Rosier, pawnbroker and salesman, of 140, Tooley-street. On Saturday, 31st July, at half past 4 o'clock, the prisoner came and asked to see a monkey jacket and pilot trowsers which were hanging over the window—he bid a price, and said his captain would not let him have any money, but if I would bring the clothes down on Sunday morning, at 8 o'clock, the captain would pay for them—at half past 6 the same evening he came again, and said the captain was on board, and would pay for them—he took me on board a ship at the Surrey Canal Docks, Rotherhithe—he asked me for the bundle; I let him have it—he went down the companion ladder, and asked two boys where the captain was—they said, "Ashore," and that he would be half an hour, he was at the dock lodge—I said, "Let us go ashore"—I did the bundle up, and took it with me—the prisoner got down the ladder first—I was just stepping on to the ladder and he gave me a drive with his fist, and snatched the bundle—he ran off while I was getting down the ladder—I pursued him, calling "Stop thief!"—he jumped on some ships, and afterwards got on shore again, and then on some rafts of timber—he then put the bundle in his mouth, jumped into the canal and swam for about two hundred yards—I went round to stop him, and lost sight of him—a watchman told me something, and I saw the prisoner on
board an old barge half full of water, some watchmen had got him there—he was wet and very much exhausted.
WILLIAM WEAVERS . I am a watchman, at the Surrey Canal Docks. I apprehended the prisoner in an old barge—I had not seen him running, he was wet, and quite exhausted; he could scarcely stand—I found this bundle (produced)—on the bank near the barge—he spoke English to me—and asked for some water—the barge was on the bank of the canal—he stepped from the barge on to the towing-path.
(The prisoner would make no defence, intimating that he could not speak english.)
GUILTY. Aged 21.— Judgment Respited.
Before Russell Gurney, Esq.
MR. RYLAND conducted the Prosecution.
HARRIET ELLIS . I am the wife of Charles Ellis, who lives in Cavendish-road, St. John's Wood. On Friday, the 2nd July, I arrived at the London bridge terminus, from Hastings, about 8 o'clock—on my arrival, when the train stopped, I knew I had my purse and money safe—I had between three and four pounds in my purse in gold and silver—on leaving the platform I gave my luggage to a porter, to go to a carriage with it—I took notice of a man and a boy who followed me from the platform to the carriage—I believe the prisoner is the boy—the man had dark eyes and dark hair—they both had coats or capes on their arms, and appeared to have arrived from a journey like myself—I followed the porter to a carriage, and not finding my own there, he offered to call a public carriage—he got one, the door was opened and I was about getting in, and the man and the boy were close to me, and wanted to get in it—I remonstrated, and said it was mine, and I must get in it—I did so, and the door was shut—I ordered the man to drive me home as fast as possible—I saw nothing more of the man and boy, only their being on the platform, and then seeing them at the carriage, I thought it was extra-ordinary —I had only been a few seconds in the carriage before I missed my purse and money—I gave notice to the driver, and in a few minutes afterwards I saw the boy in custody, and I was shown this purse—there had been a half-sovereign in it—when the boy was brought I had no doubt of his being the boy I had seen before—I identified him directly, I had no doubt.
Cross-examined by MR. PARRY. Q. You had no doubt about the boy? A. I had not; but I had about the man—when I said, "I believe the prisoner is the boy", I meant to say that he was the boy—this is my purse—I speak to it very positively, not by any particular mark, but merely by the colour and the steel slides—I had had it some time—there was in it 16s. 6d. in silver, and 2l. or 3l. beside—I had my purse out when the train stopped—I took out a shilling, and gave it to the porter.
JAMES WORRILOW . On Friday evening, 2nd July, I was in Wellington-street, in the Borough, between 8 and 9 o'clock. I saw this boy jump out of a cab, and run across the Borough up York-street, which leads to the Borough Market—I followed him—he ran round some baskets, and a policeman caught him—he had a coat, or a cape on his arm, and a stick in his hand—I saw a man jump out of the cab, on the other side of it—he had a coat, or a cape on his arm; he went towards the boy—they both went up York-street, one on one side, and the other on the other—I saw the boy taken in custody—I did not lose sight of him, from the time he got out of the cab till the policeman took him.
Cross-examined. Q. You saw him jump out, and kept your eye on him all the while? A. Yes; there can be no mistake about that—I am not out of place now; I am in place.
WILLIAM BURCHAM . I am a hackney carriage driver. I remember Mrs. Ellis getting in my carriage on the evening of Friday, 2nd July—before she got in I noticed this boy (the prisoner) and a gentleman—the gentleman pushed the boy towards the cab—Mrs. Ellis had a little boy, and she was putting her little boy in, and the man was in the act of putting in this boy—the man and the boy then passed and got into the cab behind mine—I drove off with Mrs. Ellis—the other cab went off first, and I followed—Mrs. Ellis told me she had been robbed, and told me to drive after the other cab—I afterwards saw this boy in custody of the policeman.
Cross-examined. Q. Were there many persons came up by that train? A. I never saw any one else but these parties—I was outside the gate, not by the platform—when the passengers walk out of the gate, there are cabs ready for them.
JOHN MARSH . I drove the cab which was behind the last witness's cab—a gentleman and a boy came to my cab, the gentleman pushed the boy in, got in himself, and told me to drive off quickly, as he wanted to overtake a friend—I drove about half-way down the rank, and there was a stoppage—the man jumped out on one side, and the boy on the other,—they went down York-street—the boy kept looking back—the man had a coat or cape on his arm—I took notice of Mrs. Ellis being near the same man and boy—I soon after saw the boy in custody—I did not lose sight of him, because he kept looking back—I thought there was something wrong.
SOLOMON CASBOURN . On Friday evening, 2nd July, I was in the Borough, I saw the prisoner running in York-street, which leads into the Borough Market, followed by a policeman—he got just in the market, and ran round a heap of baskets—the policeman followed him, and a few yards from the baskets he got hold of him—I went round the baskets and picked up this purse, which I handed to the officer.
EDWIN WEST (policeman, M 156). On Friday evening, 2nd July, I saw the prisoner running up York-street, he ran round some baskets—I caught him—he said, "What do you want with me?"—I said, "You are in my custody for robbing a lady of a purse and money"—he said, "I have no money about me"—I took him to the station, and found a half sovereign in his waistcoat pocket—the last witness brought me this purse, I showed it to Mrs. Ellis, and she claimed it.
GUILTY. Aged 12.— Judgment Respited.
GEORGE ROWLAND . I am in the employ of William House, who lives in Kent-street, Southwark. I live with my master at his shop, No. 3, opposite, another shop of his—on the night of 4th Aug. I secured the house; I put up the shutters and fastened them with an iron bar as usual—I was the last person up—the window was not broken then—I was called up about 12 o'clock that night by the policeman—the shutters were then down, the window was broken, and the shoes displaced, which had been standing in rotation as I had placed them a few days before, and one or two were moved.
Prisoner. The officer called him, and he was asked if the things were secure; he said, "Yes," and the policeman put his hand through the window and found one shoe. Witness. No; I said the number was there, but they were displaced.
ISAIAH COHEN (policeman, M 210). I was on duty in Kent-street. My attention was called to a house in Hemming-street—I heard the breaking of glass—I crossed the road, and saw the prisoner with two other persons, who ran off—I saw the prisoner with a shutter in his hand—I asked him what he was doing—he said he was passing by, and the shutter fell on him—the three were all together when I first saw them—I examined the window, and found this shoe with a portion of it outside the window—I called the last witness, and detained the prisoner till he came—the house is in the parish of St. George the Martyr, Southwark.
Prisoner. Q. Was that shoe outside the window? A. Partly so; I was the first officer that took you—I found you with the shutter in your hand.
Prisoner's Defence. I was going home about half past 11 o'clock; a man asked me to show him the Bricklayers' Arms; I showed him; I was then coming along, and these shutters were down and the bar too; I took it up, and the constable came and took me; he took the shoe, and I told him to put it back again.
JURY to GEORGE ROWLAND. Q. What fastening had the shutters? A. The bolt goes through the post—the shutter could not have fallen, it must have been forced down—I examined the post—there was a mark as if some-thing had run against the post and forced it out.
GUILTY . Aged 17.— Confined Six Months.
GUILTY .— Confined Six Months.
GUILTY .— Confined Six Months.
MESSRS. SCRIVEN and ROBINSON conducted the Prosecution.
SOPHIA BATES . I am the wife of John Bates; I keep a shop in Church-street, Newington. On 17th July the prisoner came for a quarter of a pound of cheese—she gave me a bad shilling—I told her it was bad and gave it her back, and she gave me a good one—the cheese came to 1 1/4 d., and I gave her 10 3/4 d. change—there was a sixpence, four penny pieces, and a halfpenny and a farthing—I turned round for a moment, and she said, "I don't like your sixpence, anyhow," and she threw a sixpence down—I looked at it, and I said, "This is not the one I gave you," and I asked her to let me look at the bad shilling and compare the two together—she said she was sure it was the one I gave her, as she had not another farthing about her—I called my husband, and he wanted her to go away—she refused, and wanted a good six-pence, and she was given into custody—my husband did not take the money out of my sight at all—I saw him give it to the policeman—a he marked it in the policeman's presence.
Cross-examined by MR. LILLELY. Q. Do you know that the prisoner lives in your neighbourhood? A. No; I know nothing of her—she had a basket with her—it was Saturday evening, a usual evening for women to go marketing—she asked for a quarter of a pound of cheese, which is not an unusual quantity to sell—she did not appear to me to have been drinking—my husband desired her to go, but she required a good sixpence.
THOMAS GARDNER (policeman, M 25). I received charge of the prisoner on 17th July—Mrs. Bates charged her with offering a bad shilling, and changing a good sixpence—the prisoner said, "I don't know who I took the
shilling of, but I am sure that is the sixpence that Mrs. Bates gave me"—she gave up this shilling, and I took a sixpence and two halfpence out of her hand—I said, "Have you any more money about you?"—she said, "No"—I said, "Where is the change Mrs. Bates gave you?"—she said she had not another farthing about her.
SARAH ANN FENSOM . I am searcher at the station—the prisoner was searched on 17th July—I asked her if she had anything about her—she said, "No"—I found a sixpence in her dress pocket—I laid it down on the seat of the cell—I told her there was a sixpence in her dress pocket—she said there was not, it was only a farthing—she snatched the sixpence and pot it in her mouth—I told her to give it me back—she gave it me, and told me to keep it, or to do anything with it—I said she had got something more in her hand—she said she had not—I said, You have, open your hand"—she then laid down 4 1/2 d.—a farthing had been picked up before—she said, "Do away with that, or it will do for me, throw it down the water closet"—I said it would be seen.
Cross-examined. Q. You said the prisoner snatched up the sixpence, did she not return it to you? A. Yes, when I asked her—it was in her pocket, in the skirt of her dress—she seemed much excited, and went down on her knees—she did not appear to have been drinking.
GUILTY . Aged 20.— Confined Six Months.
GUILTY . Aged 22.— Confined Six Months.
NOT GUILTY .
JONES pleaded GUILTY . Aged 21.— Confined Twelve Months.
WEBB— NOT GUILTY .
Before Mr. Recorder.
MR. ROBINSON conducted the Prosecution.
MICHAEL BURKE . I am a bricklayer's labourer—I live at 4, St. James's-place, St. Saviour's. About half past 11 o'clock on the night of 22nd July I was going down the steps towards the Borough Market—I met the prisoner on the top of the steps—he said, "Are you going to stand any beer?"—I said, "No, I am going home"—I had never seen him before, to my recollection—when we came to the bottom of the steps he looked round him, and then he up with his hand and hit me in the face—I put up my hand to save my face, and he struck me on the hand—he seized me by the neckcloth and put his hand into my left hand pocket, and as soon as he got his hand out he took me by the
back of my neck, threw me down against the burial ground railings, and ran away—he was in uniform—I had been drinking, but was capable of taking care of myself—I had had 10s. 6d. in my pocket and a bad shilling—I know I had the money safe as I was coming across the bridge—I had my hand in my pocket—when I got to the top of the steps I took my hand out of my pocket, and the money rattled in my pocket in going down the steps—when the prisoner ran away I put my hand into my pocket, as soon as I had recovered myself, and I found nothing in my pocket—I ran after him, and called "Stop thief!"—he ran through the Borough Market—I lost sight of him for a few minutes, and the policeman came up and asked what was the matter—I saw the prisoner afterwards in custody of the policeman.
Prisoner. Q. Was there not another soldier with me? A. I saw no one but yourself; I was not in any public-house—I did not, after coming out of the public-house in Borough Market, give you a shilling to entice you to a house of ill fame.
COURT. Q. Did you ask him to go to a house? A. No.
Prisoner. Q. Did you not ask me to go into this house when you got down this alley, and you hallooed out, "Kiddy, open the door!" and at soon as I heard that word I ran away? A. No, to my recollection, I did not go into any public-house with him.
COURT. Q. Can you have been there without your recollection? A. No, not to my recollection; to my recollection, I never was—I was not in any public-house with him—I never saw him before—I was capable of taking care of myself—I was capable of recollecting what I did—I was not in any public-house—I have no doubt about it.
MR. RONINSON. Q. You had been in some public-house? A. Yes, but not with this man; I cannot swear that he was not in the public-house—I am sure, after I came down the steps, I was not in a public-house with him.
WILLIAM HINCHLIFF (policeman, M 85). At a little before 12 o'clock that night I was in Worcester-street—I heard a cry of "Stop thief!"—I saw the prisoner running, and the prosecutor after him—the prisoner ran down Castle-street—I lost sight of him, and found him at last secreted under a truck, in Castle-lane, which is no thoroughfare—when I saw him, he said, "What a fool I was to run away! it will just do for me"—the prosecutor had been drinking, but was not drunk.
COURT. Q. What do you call drunk? A. When a man is drunk he cannot run the distance he ran, from the Borough Market to Castle-street—I could tell he had been drinking—in going to the station, the prosecutor said, "Never mind, old boy, you have got a bad shilling amongst it"—the prisoner said, "If I have got a bad shilling, it is the shilling you gave me to go and have a woman"—I found on the prisoner five shillings, a 4d. piece, and 9d. in copper, but no bad shilling—the prosecutor first said he had robbed him of 15s., but when he got to the station be recollected himself, and said it was 10s.6d.
Prisoner. I said, "I was a fool for running away, for you will think I have robbed the man." Witness. No, you did not.
Prisoner. He said I robbed him of 15s.; he never mentioned 10s. 6d., it was the next morning he said that. Witness. He said that that night.
Prisoner's Defence. I have a witness, another soldier, who was along with me; we came over the bridge, and overtook this man; he asked us to have something to drink; we said we had no objection; we went down to the
Borough Market, and had something to drink in a public house; we came out, and the prosecutor asked me if I would come to a house of ill fame and he gave me a shilling—we went down an alley, he called out Kiddy, and I ran away; he ran after me, and called, "Stop thief!" I never touched the man; the money I had on me was my own money.
WILLIAM WRATTEN . I was with the prisoner that night—we had been during the evening down Ratcliff-highway—we came over London-bridge about half past 11 o'clock—we saw the prosecutor just over London-bridge on the Surrey side—the prisoner asked him whether he was going to have anything to drink—he said he did not mind—I do not know exactly what passed—it was about having something to drink; but it was the prisoner, my mate, who used these words—the prosecutor said he did not mind, and we went into a public house, the sign of the Grapes, close by the Borough Market—we went down the steps to the public house—I went with them—we remained there about half an hour—we had a quartern of gin first, and two pints of cyder—the prosecutor paid for the gin and the first pint of cyder—the prisoner and the prosecutor then left me with a pint of cyder, and both of them went out of the house—I remained there till about five minutes to 12—I then went home to the Mint—I was absent from barracks at the time, on leave of absence—I went home to the Mint guard—you stop in the Mint guard till the morning, if the gates are closed.
Cross-examined by MR. ROBINSON. Q. Had you leave of absence. A. I should have been in barracks by 10 o'clock—I got punished—I had been with the prisoner down Ratcliff-highway—we had all had a little to drink—we were going across London-bridge, up to Westminster, and going to stop all night—I did not go before the Magistrate—we were a quarter of an hour in the public-house—we stood at the bar—the prosecutor was not drunk, but he had had a little to drink—he was not drunk.
BENJAMIN BABER . I keep the Grapes, in Castle-street, Borough Market. I had not known the prosecutor before that night—he came to my house with the prisoner and the last witness—they came about half past 11 o'clock, as near as I can tell—they stood in front of the bar—they were there about ten minutes—the prosecutor ordered a quartern of gin, and paid for it—he pulled out of his pocket ten or fifteen shillings in his hand—he put them into his pocket again—he then called for a pint of cyder—they drank that, and called for another—the prosecutor then hurried out, and the prisoner followed him leaving that pint of cyder unpaid for—the other soldier was left in front of the bar—I went round to the front door, and asked him to pay me—he drank half of it, and said he had only 1 1/2 d. in his pocket—he stayed about three minutes—he paid the 1 1/2 d., and drank half the cyder, and I let him go about his business—I had never seen these soldiers before that night to my knowledge—I am sure they are the persons, and that they were in my house that night.
Cross-examined by MR. ROBINSON. Q. What night was this? A. The 22nd July, I did not go before the Magistrate—the first time I saw Burke again, was on Monday last, outside the Court—no one pointed him out to me, I saw him myself on the opposite side of the way—the witness Wratten was with me—I did not see Wratten again till last Monday—the first persons who gave me any information about this matter was the pay-sergeant, and the inspector of police, on Friday morning, 23rd June—I have not a great many persons come to my house.
COURT. Q. The first you heard about this was from the pay-sergeant?
A. Yes; he came to me, I think, between 11 and 12 o'clock the next morning—I did not go before the Magistrate—when I saw the prosecutor on the other side of the way, last Monday I think, Wratten and I saw him, and spoke at the same time.
GEORGE PHILLIPS . I am pay-sergeant of the Grenadier Guards. I know the prisoner, he has been in the regiment about twelve years—he has belonged to the third batallion nine years last March—this is the first as of dishonesty that ever I knew against him—he had a good character—I went to Mr. Raben's public house when I came from the Southwark station—I went with a police officer; I do not know his name—that was after the prisoner was committed, as I was returning to the Tower.
COURT. Q. Was it in consequence of what the prisoner told you, that you went to the public house? A. Yes.
JURY. Q. How many times has the prisoner been absent? A. That I cannot tell; he was absent that night from 10 o'clock—the punishment for absence depends on the time—perhaps two drills, or four drills.
Prisoner's Defence. If the prosecutor had any money, he was very likely to give it away from his loose character; I had 5s. 6d. which I had saved up from my pay.
NOT GUILTY .
WILLIAM EBDIN . I am a wool spinner, at Wellington, in Somersetshire. I was present at the prisoner's marriage at Wellington, on 17th Feb., 1840—he married Jane Ebdin, my sister—she is now living, I saw her in good health last Monday morning—I signed the register.
Prisoner. Q. Have you seen me the last nine years? It is from eight to nine years since I saw you.
COURT. Q. Where has your sister been living? A. With her mother ever since, at Wellington—she gets her living as a weaver—she has one son by the prisoner, who has never cost him 5s., and it is nearly twelve years of age—the prisoner was such a drunken man he would abide and go, and abide and go, and keep away a few weeks—he is a carpenter—they could not help quarrelling, he would come home and distress her, and go away to Bristol—he left her.
Prisoner. Q. Do you remember my going to Bristol? A. Yes, in 1842; my sister went to you, and she came home without you, that is all I know—I do not know whether my brother went to visit you—I do not know whether you have been with my sister since.
JOHN BACK (policeman, L 103). I received information, and took the prisoner at Mrs. Vincent's, in Waterloo-road—I have an examined copy of the register of the marriage at Wellington—I got it from Esther White.
ESTHER WHITE . I live at 12, Newton-street, Holborn. I was in service—I was married to the prisoner in Bloomsbury Church on 25th Feb., 1850—he was not with me longer than eight weeks at first—he stayed with me till I had parted with every thing, and then he threw himself out of work and went into the country—he came back after that, and persuaded me to live with him again—I provided him another home, and he did not stay with me then more than five weeks—I did not hear he had got a wife till after I had been confined—there was a woman came and insulted me, and said she was his wife, but she was not his first wife, Jane Ebdin—the child I have in my arms is the prisoner's child—I asked him whether he was married—I put the question to him several times before I was married—he said he was not, and took
solemn oaths that he was not married before—I am the prosecutrix of the indictment—I am glad to get rid of him.
Prisoner's Defence. I was nine years away; it was in 1843 I had any communication with my first wife; I was not aware whether she was living or dead; I married the second wife, but I could not live with her; I never had any happiness with her.
GUILTY .— Confined Twelve Months.
ADJOURNED TO MONDAY, SEPTEMBER 20TH, 1852.