CENTRAL CRIMINAL COURT.
HUNTER, MAYOR. ELEVENTH 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, September 20th, and Tuesday, 21st, 1852.
PRESENT—The Right Hon. the LORD MAYOR; Sir JOHN KEY, Bart. Ald.; Mr. Ald. KELLY; Mr. Ald. FARNCOMB; Mr. RECORDER; and Sir ROBERT WALTER CARDEN, Knt., Ald.
Before Mr. Recorder and the First Jury.
MESSRS. BODKIN and PARRY conducted the Prosecution.
JOHN JONES . I live at 6, Durham-place, Dalston; I was formerly a farmer, residing at Chingford, in Essex. In June, this year, I was desirous of emigrating, and sold off for that purpose—I intended to proceed to Port Philip, in Australia—on 25th June I was passing through Austin-friars, and saw a board hanging out in the yard, against a tree, at No. 6—there was a large placard on the board, with red letters, on which was "Gold Mineral Company," or something of that sort—it was about emigration—it said the vessel was going to Port Philip—I did not read it—I went upstairs to the second floor, into what appeared to be the office of the company—I saw the prisoners, and three other persons—Mr. Greenwood was one—the title of the company was on the doorposts of the office—I spoke to Mr. Tripe, and asked him about the vessel going to Australia—I told him I had seen the board below, and asked him if he had anything to do with it—he said he had, and I told him I wanted to go to Port Philip—he said, "We have a vessel going"—I asked him how much he would take us for—he said, "25l. each"—I asked him how much he would take off for four to a certainty, and it might be six, including myself—he said he would take 3l. each off—I asked him to take 3l. each off, and he said very likely he would, but he would see when we came to pay the money—he gave me this bill, with a dietary scale on it (produced)—it says they allow a bottle of wine a week, and a pint of beer a day—I was attracted by that; I thought it was very good living on the water—I am a Welchman—I asked him when the vessel was going, and where she was—he said she was going between the 15th and 20th July—(he had named the Camilla to me)—I wanted to go and see the vessel, and he
wrote this bit of paper (produced), and gave it me—he said she was at the West India Docks—it has on it, "Camilla, W. I. Docks, Import Dock"—he said it was a very quick voyage; she had come home ten days sooner than any other one had come from Sidney here—I asked him if it belonged to a good firm—he said the company was very respectable; that there was a lord belonging to it; they were a gold mineral company; and that they had engaged the ship—"In fact," he said, "we engage the ship;" and that it had been surveyed, and found all right; he did not say by whom—it was next day, when we went to pay the money, that he said there was a lord belonging to it; I had asked him if it was safe for me to pay my money—I cannot remember what I said, it is so long ago—I did not see Montague the first day—after that conversation with Tripe, we left the office—a man named Barker was with me—I went with him to the West India Docks, and went on board the Camilla, and next day we went to the office again—we met Tripe coming out into the street, as we were waiting for another person to meet us—I told him we were coming to pay him the money, but we were waiting for another man to come up, and I asked him what he would take off—I said he must take off 3l. each, as there were four of us to pay the money—he said, "It is a great deal to take off, but I will do it"—he ran indoors, Barker and me remaining outside—he came out again, and said, "I have made it all right with Mr. Montague;" that he was going on business, and we had better go upstairs—he then went away from the officer—I went upstairs with Barker and Wagner, and saw Montague, in a private room, not the room in which I had seen Tripe—I told him we were going to pay part of the money for the Camilla, to go to Australia, and said, "My name it Jones"—he said, "Oh, ah, it is all right"—I said, "I suppose Mr. Tripe settled the fare with you how much I am to pay?"—he said, "Oh, yes"—while we were talking, Tripe came in, and I said, "You said, Mr. Tripe, you would take 3l. each off, did not you?"—he said, "Oh, yes, that is right, Mr. Montague"—I said, "I saw the Camilla and the mate, and he said it was all right; they have been looking at it; they have settled with it to go out—Montague and tripe said it was a very fine qcick-passaged vessel—Montague said the vessel was engaged by the company to go out—I am sure of that; and Tripe said also the vessel was engaged, but he did not tell me who by, but he was present, and must have heard what Montague said—we were to pay 11l. each—that was the half of the passage money—I laid the money on the table—Tripe counted it, and Montague put it into the drawer, wrote this receipt and gave it to me—(read—Australian Gold and General Mining Company, 6, Austin-friars, London, June 26, 1852. Mr. J. Jones has paid the sum of 11l. as deposit money on board the Camilla; the balance, 11l., to be paid at this office prior to embarkation. H. G. MONTAGUE. Age, 48; description of accommodation, intermediate; to have accommodation for self and friends in the cabin of the ship")—after I had paid my money, but before the others paid theirs, I saw a copy of the dietary scale on the table, and noticed that the pint of porter a day, and the bottle of wine per week, was struck out—this is the paper (produced)—I said to both Tripe and Montague, "This won't do for us; you are going to keep the porter and wine from us"—Tripe said, "It is not in the intermediate"—I said, "Yes, it is"—he said, "I will show it to Mr. Montague," and then he looked at it, and said, "Yes, it is; well, whatever there is there you shall have"—after that the two Barkers and Wagner paid their money, 11l. each—I saw that—the second Barker was not with us; his brother paid for him; he did not join us at all—when Tripe said, "We have engaged the Camilla to go to
Australia," I believed him, and when Montague told me so the second time, I believed it, or else I should not have paid my money—I believed the representations they made—afterwards, in consequence of something that occurred, I made inquiries of various persona, and, about a fortnight after paying the money, I went again to Austin-friars, but could not find the defendants; they hsd left the office—there were other persons inquiring as well as myself—I eventually found out that the offices were removed to 26, Harp-lane, from the clerk to Tripe and Montague, whom I happened to meet that day—Harp-lane is near the Custom-house—I called there several times, and eventually saw Tripe—that was six or seven days, at near as I can recollect, after I had paid the money—I asked Tripe about our money back—he told me Mr. Montague had all the money—I said, "Mr. Tripe, I am come here after my money; I understand this vessel it not going at all," or something like that—(there were three men with me outside)—he called me into the private counting-house alone, and said he was very sorry he could not pay the money then, but not to make any noise about it—I said I would not make any noise if he would pay me the money—he told roe Mr. Montague had all the money, and was at Bristol; that he (Tripe) was going to charter a vessel, and he expected Montague back every day—I told him he was telling a falsehood, for that Montague was in Whitecross-street—Tripe then said he was—I again asked him for my money—he said he could not give it to me; he had not got it; Montague had it—(previous to that I had been to Montague)—I said I would go to Montague"—I went, and found him in Whitecross-street prison—I told him I was very sorry to see him there, and said, "I have come after my money; Mr. Tripe says you have got it"—he said he had not; that Tripe had it—he said Tripe had everything, and that he was taken there for debt, for the rent—he said he would write me a letter directly to Tripe, to give me the money back—his wife wrote the note, and he signed it, and gave it to me—he begged me not to be too hard upon him, for the sake of his wife and children—he said I was to be quick, and without doubt Tripe would pay me the money back; that he should be very sorry that any bother should be made about it, or for his name to be published—I said I wanted my money—I took the note to Tripe the same day—I did not get the money—when I delivered him the note he said he had not got any money; that Montague had the 10l.; I do not know what 100l.—other persons were with me when I went back to Tripe—we all went to Captain Lane, the Government inspector of emigration, next day, and the matter was brought before a Magistrate.
Cross-examined by MR. BALLANTINE. Q. The first thing that attracted your attention to the office was a paper posted on a board? A. Yes—I have not got it here—it was handed to me at the Mansion House by somebody, and I handed it back again—I do not remember whether there were on it the names of certain gentlemen as directors of the company—I did not read it through, but went into the office—during all these conversations I thought there was a company—I parted with my money on the faith that I could go to Australia in the Camilla;—I thought there was a company—I cannot say whether I should have parted with my money if I had thought there was not—I should not have parted with it unless I thought it was safe—I thought Tripe was very respectable, and Mr. Montague as well, and I paid it to them—I asked them if there was a company, and they said there was—I asked that, because I saw on the post that there was one—I asked if it was respectable, and they said yes—I should not have parted with my money if I had thought they were going to swindle me out of it—I asked the question whether there was
a company, and whether it was respectable, for the purpose of governing me in my conduct—I meant, if they were not respectable, not to part with my money—no prospectuses were shown me with the names of persons as directors on them—Tripe told me there was a company, and that they were sitting twice or three times a week—he did not show me the names, but he told me some of them—he said Lord Kilworth was one—he did not give me his address or show it to me—he said Major Hawkes was another—he did not give me his address—he told me Mr. Edward Rudson Read, wine merchant, of Mark-lane, was another—and that Captain Smith was one—he did not tell me that Charles Brown was another—he said John Lutwyche was one—he did not say of Hendon—he did not tell me that the Hon. Charles Plunkett, or Mr. Hudson, or Richard Burton, were others—he told me that Mr. Greenwood was secretary—Mr. Greenwood was present the greater part of the time when the representations were made; not every time, but twice or three times—he was present on the 25th and 26th at Austin-friars—Barker, a friend of mine, was also present—Greenwood was present during the whole of the conversation with Tripe on the 25th, and on the 26th he came in when I was paying the money—I saw no gentlemen during any of those periods besides Tripe and Greenwood—I saw three or four young men sitting there writing—I saw Major Hawkes at the Mansion House—I do not know Lord Kilworth—I heard the Alderman say something about him—his name was mentioned publicly before the Alderman, and the names of Major Hawkes, Captain Smith, John Lutwyche, and Mr. Greenwood also—I do not recollect that Mr. Rudson Read's name was mentioned—Tripe never told me he himself was a director—I treated him as a clerk in the employment of the company—Tripe did not refer to Greenwood, on 26th from time to time before he answered my questions—Greenwood did not, when the vessel's name was mentioned, write the piece of paper which enabled us to go on board—he put these figures on the back of it, remarking that 3l. was too much to take off—Barker was present—I am not aware that Greenwood and Tripe spoke together after Greenwood had written the figures on the paper—I cannot pledge myself whether they did or did not—90l. was mentioned, but I do not know whether by Greenwood or Tripe—Tripe told us he would let us kuow next day whether they could take 90l.—I was spokesman for the party—I asked what they would take half a dozen for—I do not know which of them it was answered "140l."—all the money was paid to Montague—Greenwood was present at the time, walking backwards and forwards—he is a man of about fifty years of age, I should imagine—I went on board the vessel, and saw a person on board who said he was the mate, and that the ship was engaged—I have never seen him since.
Cross-examined by MR. SLEIGH. Q. During the interviews you had with Montague at various times, did he tell you he was about going out in the vessel himself as mineralogist to the company? A. He did—when I told Tripe I knew where Montague was, that he was in Whitecross-street prison, he said he had bolted with the swag.
MR. PARRY. Q. Besides the statements about the company, did you believe the statement made by the prisoners about having engaged the Canilla? A. Yes, I did—that also operated on my mind to induce me to part with my money—it was between 11 and 12 in the day on 25th June that I first saw Tripe.
JAMES BARKER . I have been assistant to a grocer, in Kent. About June, last year, I made up my mind to emigrate to Australia—I know Jones—I went with him on 25th June to Austin-friars, and saw Tripe; Jones had
some conversation with him—I heard Tripe use the phrase, "We are going to have the Camilla"—I went there again next day with Jones—we met Tripe in the street, in Austin-friars—he asked us if we had come to pay the money; we said yes, provided he would take off 3l. each—he agreed to do that—we afterwards went up to the office where we had been before, and saw Montague, who said he was going in the ship with us—there were four of us—we each paid 11l.; Mr. Montague counted the money, and gave us receipts—Tripe was there, and Montague put one of the sums, Mr. Jones's, into his hand to count—Montague signed the receipts—this is my receipt (produced)—I do not remember the term, "Chartered for the voyage" being used—they both said they were going to have the Camilla—Jones had some private conversation—I paid 22l.—I parted with it, because I believed I was paying it to a respectable company for a passage in the ship Camilla to Australia—I believed that the prisoners had authority to sell me that passage; I never got any of my money back, or my passage—after the offices were shut up, I saw Mr. Tripe at Captain Lane's office, next morning after we had complained—I did not see Montague afterwards till I saw him in court at the Mansion House.
Cross-examined by MR. METCALFE. Q. Did you hear the names of the directors mentioned? A. Yes; I saw a prospectus at Captain Lane's office of "The Australian Gold and General Mining Company," or something of that sort—I saw Lord Kilworth's and Major Hawkes's names on it—I did not hear from Tripe and Montague that those gentlemen were directors of the company—I do not remember that any directors were mentioned—I did not hear who the directors were, before I parted with my money—I saw Mr. Greenwood—I was not aware of his being the secretary; I know that he was consulted about my paying less, and he agreed that 90l. should be taken for the lot—I saw him figure with a pen on a piece of paper the next moment after he was asked to deduct something—he was there, I believe, when the receipt was given for my money—the heading of it is, "The Australian Gold and General Mining Company"—Mr. Tripe was not present all the time on the second occasion; he was absent about half the time—I saw some of the gentlemen I understood to be directors, at the Mansion House—I saw Lord Kilworth and Major Hawkes, they were present when this matter was investigated—I have not seen them here to-day—I went on board the Camilla in the West India Docks, and saw the mate.
Cross-examined by MR. SLEIGH. Q. On the second occasion, when you were present at the office, did you hear the conversation which took place between Tripe and Mr. Jones about the directors of the company? did you hear Jones ask Tripe whether it was respectable? A. I heard him ask Mr. Montague whether it was respectable, whether the company was all right—I do not remember whether Tripe was present at that time—I do not remember that on that occasion I heard that a lord was one of the directors—Montague, Tripe, and Mr. Greenwood were present on the second occasion; I cannot exactly say whether they were all there when the money was paid, but Montague and Tripe I know were—I saw a book on the table in the room—I cannot remember whether Greenwood was present at that time or not—I knew him personally at that time, but not by name—there might have been a third person present when I paid the money, I cannot say—I saw Mr. Tripe make an entry in a book when the money was paid.
MR. BODKIN. Q. Did you know that there was any company, except what they told you? A. No; down to the time of my paying the money nobody interfered except the two prisoners—I saw the whole of the gentlemen
who were on the prospectus, at the Mansion House; they were there in consequence of the case—one party was examined on their behalf and they were discharged, and the prisoners were committed for trial.
COURT. Q. You said that Montague said he was going out with you in the ship? A. Yes; he said he was going to the mines for the company—Mr. Dawson, a solicitor, was examined at the Mansion House on behalf of Major Hawkes and the other gentlemen—Mr. Gowland was examined—Major Hawkes was not examined in my presence, nor was Lord Kilworth—I believe Major Hawkes was represented by counsel on that occasion.
ROBERT EWART SHAW . I am a clerk, in the firm of Messrs. Willis and Co., ship brokers, of Crosby-square. In June last they were brokers of the Camilla, which was lying in the West India Docks—if any arrangement had been made with reference to the Camilla, it would have come under my cognisance in the regular course of business—I have seen both the defendants—I saw Mr. Tripe first; it was at the office of what I believed to be the company, in Austin-friars—I went there in, consequence of receiving two notes from Mr. Tripe—I believe those notes are destroyed; I have tried to find them, but have not got them—I have searched in all likely places—I put them in my pocket, and as I am in the habit of destroying anything that is of no use, I have no doubt that they are destroyed—they requested me to call on Mr. Montague at the office—it was in consequence of the second letter that I went—I believe it was on 25th June, about 4 o'clock in the afternoon—that was the first time I called—I saw Tripe there—he brought me into a room marked "Board room," and there I saw Mr. Montague—I told him I had come in consequence of those notes to learn what he had to propose for the Camlla (the notes had mentioned the Camilla)—we had a general conversation, the words of which I do not remember—he said he would send us a positive offer the following morning by 10 for the charter of the Camilla, and the conversation ended—Tripe was present during the whole of the time—there was a sum spoken of, for chartering the Camilla, about 2,400l., and I think I said we should expect about 2,500l.—there were various sums mentioned during the conversation—I heard nothing more from the defendants about the Camilla—that was the first interview; I had a subsequent one—there was no proposition sent to us the following morning—the other interview I had was in consequence of it having come to our ears that passages had been engaged for the Camilla—that was about fourteen days afterwards—I saw Mr. Montague at the same office in Austin-friars—I told him we had heard it, and we could not allow it, and I came to see what he had to say before we took steps to put a stop to it—he said, as near as I can remember, that he understood that passages had been taken, and that he regretted it, and would take care it should not happen again, and that the money should be returned—that was all that passed between us—Tripe was not present at that interview; I have not seen him since—the 2,400l. would have had to be paid for the chartering before the vessel was permitted to go on her voyage—I had never given any authority, either to Tripe or Montague, to engage berths in the Canilla—I have told all that passed on the subject.
Cross-examined by MR. BALLANTINE. Q. Did you see anybody else from the company? A. No; I saw a person of the name of Railton; he was acting as a broker, I believe, on behalf of the company—I believe he is a broker—I knew him as a clerk in a counting house with which we had business—it is matter of opinion whether he is a well known ship broker—he was negotiating with us on the subject matter of this ship—that was some considerable time before I saw either Tripe or Montague—it was for
the Camilla, and previously for another vessel, over a period occasionally of three weeks or a month; it came to nothing—I saw Greenwood at the office of the company, the second time I called—I spoke to him, but nothing on the subject of the chartering—I saw a gentleman, who was afterwards pointed out to me at the Mansion House as Major Hawkes; he was writing at a table in the office, in the board room—I did not see any of the other directors that I am aware of—I saw no prospectuses there—I did not see one at the Mansion House—I saw one, I think, here last session, at the time we were waiting for the Grand Jury—there no doubt would be a mate on board the Camilla, but I am not aware of the fact—he would be the officer in command in dock, when the captain was ashore—the owners of the Camilla are Fletcher and Sons, of Limehouse; a negotiation could have been opened directly with them—the Camilla had not been advertised at that time—in chartering a ship, any man can act as broker who can find employment for a ship—we were not employed by Messrs. Fletcher to let the vessel; we had no authority to let it without their sanction, but we knew if we could let it the Fletchers' would be extremely glad to avail themselves of our services—the broker is asked if he can recommend a vessel; that was the case in this instance, we were asked to recommend a vessel; there are plenty of brokers in the City of London, to any of whom these parties might have gone—a deposit of 100l. would not be sufficient to secure the ship; a deposit of 500l. might, but that question was mooted by me with Mr. Montague—I did not hear anything said about the company, I took no note of it.
Cross-examined, by MR. SLEIGH. Q. You mentioned the receipt of two notes from the office of the Company; what time intervened between the int note and the second? A. I received one one day, and the other the day following.
MR. PARRY. Q. You had given no authority to the mate to represent that the Camilla was chartered by this Company? A. No; I did not enter into any arrangement with Mr. Railton, it was simply a treaty, nothing was ever concluded—the Camilla is now loading in London for Port Philip; she is not hired by the Government Commissioners, but by ourselves—we have not chartered her, we are loading her simply on behalf of the owner.
MR. BALLANTINE. Q. Was not a written agreement entered into? A. No—not with Railton—I drew out a paper—I do not know who has it—I gave it to Mr. Railton.
MR. PARRY. Q. Was any paper signed, or any contract entered into with you by Railton? A. Certainly not, no contract whatever—after I had seen Railton I saw Montague.
JAMES GOWLAND . I am an engraver. In June last I was desirous of sending a nephew of mine out to Australia—on 28th June I was going along Lime-street, and observed a board in front of No. 8, with two bills on it; one was of a ship going out, and the other was headed "Australian Gold and Emigration Company"—I did not read any more—I went into the house, No. 8, and found Tripe there, and a little boy—I asked Tripe if they had any vessels going to Australia—he said yes, they had got a very nice one just come home from Valparaiso, and that she would be going out to Port Philip about 20th July—I asked the name, and he told me it was the Medicis—he did not say whose ship she was, or who had the management or ownership—I talked about hiring a passage for my nephew, and asked him the price—he told me, for the open steerage, 18l.—I asked if I could see the ship, and he went with me and my nephew to the City canal, where we found a French vessel of that name—I went on board of her—Tripe accompanied us, and
went over the vessel—it was not fitted up—he said the Government offcer Would soon be over it no doubt he wouid pass it, and she would be readyfor the dry dock in afew days—I understood him that the company had engaged the ship, that he was engaged by the company, and that the company had chartered the ship—I will undertake to swear I understood him to say that the company had engaged the ship, and she would go out in a very short time—he used the word "chartered"—he gave me no further information of what the company was, or who composed it, but I understood from Tripe that they were a respectable company—I found a French crew on board the ship—I spoke about that to Tripe, and he said that in the charter half the crew were to be English—I did not then arrange with Tripe to pay the money for the passage—we came back to Lime-street, and I wanted to see a dietary scale; he gave me a bill, and said the dietary would be the same as the Abel Gower; then, after some conversation, I asked him if he could give me a list of the company; he looked about, but could not find one, but he told me they were perfectly respectable gentlemen—I told him as the Government officer had not yet passed the ship, as soon as he had done so, if he wrote to me I would come down and pay the money—he said the company could not do that, because there were only two or three places vacant, and they could not keep them for me; and on those terms I was obliged to pay the money to secure a place—I then paid half the passage money, amounting to 9l.—he gave me this receipt—(read—"No. 18, Lime-street, June 28, 1852. Mr. H. Gowland has paid the sum of 9l. as deposit on account of passage in the ship Medicis, captain (blank), bound for Port Philip direct, the balance, 9l., to be paid at this office prior to embarkation. Name, Henry Hammond—one—adult—steerage. Signed for the charterers, E. J. Tripe."—this "Tomlin and Co., 63, Cornhill," was scratched out when he gave it to me—soon after that, I found it necessary to make inquiries, and I called on Mr. Stevens in the course of the same week—he is one of the firm of Stevens and Railton, brokers—in consequence of what I told him, he accompanied me to 6, Austin-friars—he inquired if Tripe was in, but he was not—he called again with me a few days afterwards, and we found Tripe there—he spoke to me first—he told me he was going to write to me that night, but he had been so very busy, or else he should have done so before; that the Medicis was not going out, but the company had engaged some other ships, which were to take the name of "The Star of the South Packets;" that I should see an advertisement in the paper the day following announcing the fact, and that one, which was coming up from the Clyde, was to be called the City of Melbourne, and I was to see the vessel, with a fine flag at the mast with a gold star—I did not look out for the gold star, but I looked outhead, for the advertisement, and saw one, but not the flaming one which was promised—the reason he gave that the vessel did not go was that the Government officer would not pass her—I shortly afterwards made a communication to Captain Lane, the Government agent, which resulted in my going to the Mansion House—I have never got the passage for my nephew, or the return of my money.
Cross-examined by MR. BALLANTINE. Q. Were the names of the directors mentioned? A. No, not at any time.
RICHARD JOHN EDWARDS . I am a ship broker, carrying on business with my father at 66, Lower Thames-street—we were brokers for the ship Medicis—she was lying in the City Canal on 26th June last—I have seen both the prisoners—the first time was on the 22nd June—it was on account of somebody from the office going on board the Medicis, and stating, as the captain
interpreted it, that the vessel was chartered to go to Port Philip—the captain is a Frenchman—the vessel was not chartered on 22nd June to go to Port Philip—I saw both the defendants at Austin Friars—they said they had merely gone on board to look at our ship among a number of others; which was satisfactory—I asked them what was the utmost price they would give for the ship, provided the owners would allow her to go to Port Philip—(they had said nothing to me about chartering the vessel before that)—they said 5l. a registered ton—the vessel was 384 tons French register, 464 English—I informed them that I would communicate with the owners, and immediately I got a reply I would let them know—on Friday the 25th I saw Mr. Montague twice, to the best of my recollection, and Mr. Tripe once—Mr. Tripe was in the outer office—he conducted me into the board room, where Montague was—there was some conversation about chartering the Medicis—the negotiation went on from the 25th to 28th, but no arrangement was concluded about chartering the vessel—it went off for want of a sufficient guarantee—I asked them for the guarantee—I asked them if they could give me the names of four of the directors, and their signatures to this document, by which I meant the signatures of the directors themselves—they did not produce the signatures of any directors to me—neither of them undertook to do it—that was suggested on the last occasion, the 28th—Mr. Montague said he could not ask for it, but he pointed to a sum of money lying on the table, which was to be at our disposal on signing the contract, and which was stated to be 100l., but they offered no guarantee of any kind—that 100l. was to be the first instalment if the matter was carried out—this paper (produced) was drawn up by me as the terms on which the vessel was to be chartered—the whole sum would hare to be paid before the vessel finally left the docks—the 100l. deposit would have entitled them to sell berths, provided she had gone through the regular survey by the Government—it was on the morning of the 28th that I saw Montague—Tripe was not with him—I cannot charge my memory whether Tripe was with him on the 28th, on the second occasion—Tripe took part in the conversations—he suggested different things—the negotiation was broken off on the afternoon of the 28th—it was in the morning that the guarantee was first mentioned—we did not break off in the morning—this charter was drawn up on Saturday afternoon, and I left it for Mr. Montague's perusal on Monday morning, he asked me if I would have the goodness to leave it, as he had to see a friend about it, and I left it, and went again in the afternoon—Tripe had called on me during the negotiation—on Saturday afternoon, the 26th, he called at our counting-house—I did not enter into proposals with him—Montague promised to be with me at four o'clock in the afternoon, but instead of his keeping his promise, Mr. Tripe came with somebody else, and I declined entering into it with him—I was rather angry that Mr. Montague did not keep his appointment, and refused to have anything to say to them—the party who came with him was Mr. Railton—our firm is Batten and Edwards—I never authorized Montague or Tripe to dispose of berths on board the Medicis—she is now on her way to Calcutta—we acted as brokers for the owners, and she was chartered to Calcutta—I did not see Montague or Tripe after the 28th till they were in custody—I did not hear that either of them had sold any passages on board the Medicis until they were in custody—if we were the brokers of a vessel which had been chartered, it would not be at all necessary that the parties who had chartered the vessel should communicate with us about the passage; it is just like a person letting a house, they can do as they like with it after they have got it—it is marked out by the Government inspector to carry so many passengers.
Cross-examined by MR. BALLANTINE. Q. Who were you brokers for? A. For the owners—the ship was placed in our hands; the broker is the middle-man between two parties, we were brokers between the Company and the owners of the vessel—we were brokers for the owners, and we should have been for the Company if the treaty had been concluded—that had nothing to do with my not liking the introduction of Mr. Railton: I do not know him as a shipbroker, I have never done any business with him; he came down with Tripe, who introduced him to us—I suppose he might have been introduced as a broker; I will admit that I understood him to be introduced as a broker.
Q. Does not this all mean that if Railton had acted, you and he would have had to share profits instead of your getting the whole? A. No; nine times out of ten we are brokers for both parties—each party has not a broker, generally speaking; there is only one broker paid by the owners, it is not the practice to have two brokers—it was all arranged about the vessel, except the guarantee—I had not said anything on Saturday morning about the signstures of four directors, but I did to Montague on Saturday evening—the names of any of the directors were not mentioned to me—I have no doubt that the 100l. was ready for me; I did not count it, there was a sum of money there—I am sure I saw Tripe on Saturday at the countinghouse—I do not know a person named Greenwood; I am placed here on my oath, and if I had known Greenwood I should have said so—I pledge my deliberate oath that it was Tripe who came to me on Saturday afternoon; I am quite sure it was him, it was then that he came with Railton—after that, I went to the company's office, on the same afternoon, and saw both Tripe and Montague.
Q. Did you see Tripe and Montague, or Montague and Greenwood? A. I am almost persuaded it was Tripe and Montague—I do not know Greenwood—I swear it was Tripe and Montague; I saw both Tripe and Montague that afternoon—I cannot say whether I saw any other person.
Cross-examined by MR. SLEIGH. Q. Did you understand from Montague that he was in the employ of the company, and was going out as a mineralogist? A. I did—in the conversation respecting the ship, Montague acted more than Tripe.
THOMAS STEVENS . I am in partnership with a gentleman named Railton, our place of business is 8, Lime-street; we are shipping agents, and Mr. Railton is a licensed broker; we commenced business on 7th of last June—I first became acquainted with Tripe about a week after I commenced, about June 18th; he came to our office to see Mr. Railton—I heard what passed, he merely came as an acquaintance of Mr. Railton's—I had never seen him before—a few days after he called again, and spoke to Mr. Railton in my presence—he asked him if he knew of any vessels lying in dock to be chartered—Mr. Railton said he would inquire for him, and he went away—I understood that he wanted to charter a vessel to go to Port Philip, for a company in Austin Friars, the "Gold Mining Emigration Company"—nothing was said in my presence about taking deposits at our office—he came again after that—I did not see Montague with him then, but he has called at the office with Mr. Tripe, and Mr. Tripe asked Mr. Railton if he knew of a vessel, and he said, "No"—I have heard of a vessel called the Medicis—a board was placed at the door of our office by Mr. Tripe; I did not give him permission—I heard that he had received passage money at our office, and wrote him word that I would have nothing more to do with him—I had not given leave; I do not know whether my partner had—this is a copy of the
note I wrote to him (produced)—I sent it the same day to Montague—I always understood Tripe was clerk to Mr. Montague—I understood that from Mr. Tripe himself—note read: "Mr. Montague, Secretary to the Mining and Emigration Company: 28 June, Sir, As we do not approve of your arrangements respecting the chartering of ships for the company, we beg to decline having anything to do with respect to fixing of passengers."
Cross-examined by MR. BALLANTINE. Q. You swore that you wrote to Tripe? A. I was not aware of that—Mr. Railton is pretty well, he is here and in Court—(Mr. Railton was directed to leave the Court)—he had everything to do that was done with Tripe—I am the senior partner—I hope ours is a respectable firm—Mr. Railton had all to do that was done with Tripe and Montague, with the exception of the letter to Montague—I adhere to my statement, that Tripe placed the board there; I saw him put it there with the placard on it; I cannot charge my memory when, but it was about three days before the 28th, about the middle of the day; Mr. Railton was in the office—I am not aware that he saw it done—on my oath I did not send for the bill for the purpose of its being posted—Tripe brought it—he said he brought it from Tomlin's office, in ornhill—I objected to his posting it at the time, and took two of them in which he had placed at the side of the doors, and I thought that was the whole of them—I put them inside, out of the way of the gaze of the public, behind the counting house desk, not with their faces to the door, but they were not seen—I did that because I did not approve of their being placed there, as we had not come to any determination about passengers—I did that in his presence, and told him I did not approve—I was not aware that one board remained—it must have been placed out there during my absence—it appears that it was close to the door, underneath the window.
COURT. Q. You originally swore you saw Tripe put it there, which did you speak of? A. The one at the door, and he brought another from Cornhill, which made two.
MR. BALLANTINE. Q. Was not there a third one? A. I understood so afterwards; that was underneath the window, nobody coming into the counting house could fail to see it—I was absent during that time—I am not aware that it was with Mr. Railton's cognieance and authority that it was done although he is my partner—Mr. Railton said he was going with Tripe to the last witness, Mr. Edwards—if Mr. Railton had been the broker on this occasion he would have been entitled to commission, which would have taken away from the profits of the other broker; but they could not appoint us as brokers, because Mr. Edwards was broker for the owner of the ship—several of these placards were brought to our office, but I told Tripe I would not allow it—they were stuck up on the shelf over the mantelpiece, in a bundle—one or two were stuck up by the young clerk in the office—he was ignorant, that was the first day he was there—we have got rid of him—I do not know how many he put there—my name was placed on them without my permission, verbal or written.
Cross-examined by MR. SLEIGH. Q. You told my learned friend you wrote a note to Mr. Tripe; that note has not been found, but a copy has—pray who made that copy? A. I did myself, on 28th June—it was made before the note was sent, the same day—I copied it from the note directly the note was written.
Q. How was it you said that the note you wrote in the first instance was written to Tripe? A. I said it was written to the company.
Q. You said it was written to Tripe, how was it you said so? A. Tripe
was acting for the company, and I had written to the manager—Mr. Tripe represented to me that Montague was the secretary to the company—this (looking at a paper produced by Mr. Sleigh) is in my writing, and not in my partner's, Mr. Railton's.
MR. BALLANTINE. Q. Have you not yourself seen the directors of this company? A. No; none of them—I did not see Mr. Hawkes.
Cross-examined by MR. SLEIGH. Q. Is not that your handwriting? (handing the paper to the witness). A. No; it is Mr. Stevens's.
Cross-examined by MR. BALLANTINE. Q. Do you know of any boards being placed outside your house? A. Yes; Mr. Tripe asked me to allow them to be sent down and placed before the door, and I gave him permission—I do not think I mentioned it to my partner till they were sent down—they were put outside, one I think; the other was respecting the Liverpool line of ships—they were put in front of the house—they remained about a week, till we had some private information, and we withdrew them—I do not know any of the directors of this company—I had a prospectus—I have not got it here, I sent it to Captain Lane—I had two; one had the names in writing, and in the other the names were printed—I got them from the company's office—the secretary was Captain Edward Smith, of the Royal Navy—I have seen him at the office—the prospectus is in the hands of the gentlemen on the other side—I can hardly say whether I got it from Mr. Tripe, or one of the lads—after I had got it, I saw Captain Smith—I did not know anything about him—I also saw Major Hawkes's name there—I have heard them say that the major was inside, but I never went into the board room—I only heard by the newspapers that the secreary; had been changed, and that there was an-other other secretary; I know now that it was Captain Smith—I do not know that he is a captain in the Royal Navy—I saw him at the Mansion House, and also a gentleman answering to the name of Major Hawkes—I always understood that Tripe acted in a perfectly subordinate capacity; I understood so from his father and from Captain Smith, merely as the servant of those gentlemen—from what I saw him do, he appeared to be acting as the servant of others—I can hardly tell what part Montague seemed to take, but he represented that he was going out under the company's service as a mineralogist—our house afterwards offered to send Gowland out—that was about the time they sent to Captain Lane; it might be after—I think it was before the matter appeared before the public; I do not mean at our expense, Tripe's father had promised to repay the money.
MR. SLEIGH. Q. You appear to know the handwriting to be Mr. Stevens's; were you present when that note was written? A. I cannot say whether I was or no, I was so much out—I know that a letter was written—I always understood that it was written to Montague; I understood so by reading the copy—I never read the original letter—I first saw the copy on the same afternoon that the note was sent off.
DANIEL WILLIAM OGG . I am secretary to the United General Gaslight Company. Their offices are at 6, Austin-friars—the whole house belongs to us; we let off a portion of it—I know Montague well—about two years and a half ago we underlet a portion of that house, which we did not require for our own use, to the Union Mining Company—about April or May this year I found Montague in possession of the offices which I had let to the Union Mining Company—I did not know how he came into possession—I came back from Ireland, and on applying for six or nine months arrears of rent,
found him in possession—he did not pay it—it was a difficult matter to find when he did come in, but he was found there, and I applied to him for the arrears of rent repeatedly—when I first applied to him, I said the Union Mining Company owed us rent—he said, "Give me time, and I may pay something of it; and I wish to apply to your board to become the permanent tenant of this place"—I said, "My board will object to it"—he said very little about the former company—I expressed surprise to him at his being there—I said, "You are here without our consent"—he appeared to wish to become the tenant very strongly, and to make arrangements to continue—he postponed for a day or two—the board instructed me to issue a writ, and a broker went in—I said, "Bring me one responsible party from your company, and his guarantee will satisfy my board, and we will treat with you," and Mr. Lutwyche was mentioned—we distrained on 22nd or 23rd June this year—I pressed him for a name and he gave me Mr. Lutwyche's, but refused the guarantee—he said, "Don't press me for a day or two; time is the great object"—I believe I said, "Surely, your company will not break up for 27l.," the amount of the writ—he then promised 14l. in a day or two, and on 27th June he was not to be found there; or I may be wrong about 27th June, it was the following Saturday, 4th July—I did not receive the 27l., or the 14l., or any guarantee—we never received any rent from Montague during the time he occupied the office—I saw Tripe in the house, up and down, several times, and twice in our establishment—he came and begged for time; it was not exactly said to me, it was said with open doors, begging for time and promising a few pounds in a week or so—I cannot remember what he said; it was not a direct communication to me—he said, "In a day or two certain arrangements will be made"—he appeared to make the application as two joint parties—he did not say anything about being sent by Montague—I never saw anybody else about it—it was a remonstrance, "Why do you send us out? why are you so harsh to us?" but the internal management I am a stranger to—I also saw a third party whom I do not know; it was before the goods were surrendered—he came and pleaded hard, but Mr. Lutwyche I was not allowed to see—I said, "I want to call on Lutwyche," or, "Bring Lutwyche to me," but he declined, and they said, "Do not call"—I believe I expressed the wish, "Bring me a responsible party" two or three times—he did not name any person besides Lutwyche in the course of conversation—I may have expressed the wish twice to call on Mr. Lutwyche—before the premises were closed, Montague was absent three or four days—I think the premises were closed about 7th or 8th July.
Cross-examined by MR. BALLANTINE. Q. When did you first see Tripe? A. I first saw Mr. Tripe, to speak to, after the writ went in, which was after 22nd June—I think it was in my own room; I think he came down—our accountant, I think, was probably there—I think he addressed himself to the accountant—I had seen Tripe up and down the staircase of our establishment—I do not know that I ever heard the fact of a Board sitting there, except the Mining Company's Board—I have seen the name of Major Hawkes in a prospectus, which I have only seen since the matter has become public—I think it was in the avenues of this Court in the hands of some party, I think it was a printer—I can hardly charge my memory with what Tripe said to the accountant, and it is not evidence for me to say what I am told, but it was something about 5l.—he did not say he was directed to offer it by Montague, he merely came and offered it to gain time—I did not know who he was when I met him up and down stairs, but suppose he was about the business of his society—it was in June that I saw him, because I had come back from I reland
about May—I might have known more of this matter if I had been in London in May—I had seen Montague several times before I saw Tripe—he represented the matter he came to me on, which was the rent question—I had seen Montague several times before I had seen Tripe up and down the stairs—it might have been simultaneously—I saw Tripe the first time in June.
COURT. Q. I thought you said you saw him in April or May? A. The attention of our company was first called to it in May—he was found in possession by the company, but the communication with me was on 22nd June—very possibly our accountant may know when Montague first came there, but he is at Liverpool, unwell.
Cross-examined by MR. SLEIGH. Q. I took down that Mr. Montague was in possession in April or May, and now I understand you to say the first time you saw him was in June? A. To have business with him—he was certainly not a tenant of our company previously; I was, in fact, applying to him for arrears of rent owing from other parties who had disappeared—he represented himself once or twice as acting for this new company in Austin-friars, and he wrote it down; he used the words, "his board"—he said he was about to go out to Australia as the employe of the company, as mineralogist.
EDWARD COLYER . I am a printer, of Fenchurch-street. On 3rd June, Tripe applied to me to print some cards and bills for a ship—this is the manuscript marked A (produced)—this is my account to him for printing (produced, amounting to 34l. 1s. 6d.)—that was all done for Tripe—I printed 200 copies of this manuscript on cards—it was brought to me by Tripe on 3rd or 4tb June; the 3rd, I think—they were sent to the office in Austin-friars—(read—"Under engagement to a Gold Mining Company, to sail on 1st July, full or not full, for Port Philip direct, the splendid and fast-sailing ship Camilla, coppered and copper-fastened,—Canney, commander, 700 tons burthen, lying in the London Docks.—This very commodious vessel has a considerable height between decks, and possesses superior accommodation for intermediate and steerage passengers; she carries an experienced surgeon, and a practical mineralogist, and a large party for the mines, affording an unusual opportunity for individuals, and small parties to accompany them. For further particulars apply to Mr. C. J. Tripe, at the Australian Gold and General Mining Company's Offices, 6, Austin-friars, London.")—I printed a quantity of things—the next was a posting bill, which Tripe brought on the following day (marked B)—it is headed "Golden Regions of Australia, under engagement to sail, full or not full, the splendid ship Camilla, lying in the London Docks, 700 tons"—it is very nearly the same words as this on the card—I printed altogether about 2,000 posting bills and some receipts; I do not know how many he ordered, without my book, which I have not got, but I have printed a great deal for them—on the second occasion I asked him who was to pay me—he said, "It is a very good company, and there is plenty of money; and the next time I come I will bring a prospectus with the names of the directors"—which he did, for me to print—this is the prospectus, corrected (produced)—it has corrections added to it—it is the prospectus of the company they commenced with, under this title—I printed very few of them; they were done in editions of proofs, twelve at a time—he brought me that on June 11th—there were done altogether about sixtyfour, with additions, corrections, and alterations; there was some alteration in the names, and some of the language was altered very materially—the word "emigration" comes into this one, marked C—(read—"Australian Gold and General Mining and Emigration Company, to be Incorporated by
Royal Charter; Provisionally Registered; Capital, 100,000l., in shares of 1l. each, to be paid up without further call or liability; offices, 6, Austin-friars, London. Trustees: (none.) Directors: 1. The Hon. Lord Kilworth, Conservative Club; 2. The Hon. C. Plunkett, Park-lane; 3. John Lutwyche, Esq., Hendon, Surrey; 4. L. G. Hudson, Esq., 3, Connaught-place; 5. Edward Rudson Read, Esq.; 6. Major A. Hawkes, York-street, Portman-square; 7. Richard Burton, Esq., 54, Parliament-street, and Rutland-lodge, County Carlow; 8. Charles Browne, Esq., Hanworth, Middlesex. Bankers: Commercial Bank of London. Solicitor: J. J. J. Dawson, Esq., Bloomsbury-street. Secretary: Edward Smith, Esq., Commander R.N. Brokers: Messrs. Brunton and Son, Auction-Mart, Bartholomew-lane. The Australian Gold and General Mining Company will employ its available capital under local superintendence in Australia, in mining and digging, streaming, crushing, assaying, amalgamating, bartering and purchasing gold and other precious metals; emigration will also form a prominent feature in the operations of this Company; the funds not actually employed in mining and other purposes, above enumerated, being devoted to this purpose, &c."
Q. Look at this, where it says, "Trustees, blank; Directors, blank;" did you print that? A. Yes; this is the original, of which I sent proofs out—I cannot trace the different proofs—I can trace the different dates—this is the original copy, of which I sent twelve proofs—the one with the names of the directors was done first—I afterwards printed some, leaving all the names out, but not till the end of June; I think about 28th June—this first paper was not printed altogether; it was brought as it is now, with the manuscript alteration—I printed six copies without names, by Tripe's desire, or by a boy, a messenger, who always came, but the original order was given by Tripe, about 11th June—from then till 28th June I made alterations, from time to time, in the prospectuses I printed; the last printed, on 28th June, being without any names at all—in the course of this business I never saw Montague—I saw Tripe a great many times after the first time he came, and conversed with him on the subject of the alterations—I made some of the alterations by his directions verbally to me—I saw nobody but Tripe and the boy—a person named Greenwood called once.
Cross-examined by MR. METCALFE. Q. When did Greenwood call? A. As near the 27th or 28th June as I can say; that was when the alterations were made, leaving out the names of the directors—the addresses of the directors are printed in the prospectus, a number of proofs of which were sent at intervals—I never went to the office—some of the drafts are in Tripe's writing—I know his writing—I have it in my possession here—I saw him write this paper (produced), and believe it to be his writing—I have not had an opportunity of seeing Montague's writing—I believe the bottom part of this paper (B) to be Tripe's writing; it is appointing himself as agent, and says, "For particulars of freight, &c, apply to Mr. Tripe," &c—I do not think prospectus, marked A, is in Tripe's writing—I do not know Montague's writing—I never had any communication with him—I do not know Greenwood's writing—at the bottom of one of these papers is signed, "C. J. Tripe, at the Australian and General Mining Company's Office"—I only know Major Hawkes by seeing him at the Mansion House on one occasion—I cannot tell whether any of these are in his writing—I do not know any of the other persons spoken of as directors—I was partly examined at the police office, but only one paper was produced to me—when Tripe first came to me about this matter, I asked him whether it was for himself or for the company—he did not say he had been recently appointed clerk in the office—he said
it was for a company, and he was to manage the shipping department, for the company I concluded; I do not know whether he added, "for the company"—I understood all through that I was treating with him as a clerk, but not until he had written me this guarantee that I was appointed printer to the company—(read—"Australian Gold and General Mining Company, 6, Austin-friars. I am authorized by the above Company for you to do our printing from this date, 1st June, 1852. For above company, C. J. Tripe, superintendent of shipping. Secretary, Captain Smith, R.N.")—I only know from what Tripe told me that Captain Smith was at that time the secretary, and that he was succeeded by Greenwood—I have heard Major Hawkes and the other gentlemen mentioned—I cannot tell whether the boy came as clerk; he merely came for the work I was doing.
Cross-examined by MR. SLEIGH. Q. I believe you saw Major Hawkes at the Mansion-house? A. Yes, and several other gentlemen; in the interview I had with Tripe he did not tell me that Major Hawkes had made some of the alterations in the prospectus—he did not mention the name of any director who had made alterations in the prospectus—Mr. Greenwood came during the progress of the prospectus—Tripe was not with him then.
MR. BODKIN. Q. Have you any other papers written by Tripe there? A. Here is the original dietary scale; and I believe this to be Tripe's writing at the bottom.
MR. PARRY to MR. RAILTON. Q. Just look at that document, (B); not the part sworn to be Tripe's handwriting, but the other part; in whose writing do you believe that part to be? A. Mr. Montague's; I also believe this (A) to be his writing; and the manuscript part of this document (C) I also believe to be his writing.
Adjourned. Tuesday, September 21st, 1852.
JOHN NEAGLE . I am manager of shipping to the firm of Fletcher and Son, of Limehouse; they are the owners of the ship Camilla; they were also owners of the Abel Gower. I do not know either of the defendants; if any application had been made by them to charter the Camilla, the application would have come to me direct—neither of them made any application to charter the Camilla—it might have been made through the brokers, but the brokers would apply to me—if the brokers had been negotiating for the charter of the vessel, knowing she was in the Docks, that application would come to my notice—I understand Montague and Tripe had made an application to charter the vessel, through Messrs. Willis's clerk, but I never entertained it—the Camilla is now in St. Katherine's Docks, the owners are going to send her out, and Messrs. Willis are the brokers.
SAMUEL STEVENS . I reside at No. 8, Park-lane, which is let out in chambers, called Baker's Hall Chambers. About 3rd July Mr. Tripe called on me; I did not see him the first time; he called again next day, and I saw him; he seemed to be in a hurry to take an office, and mentioned about paying a quarter's money in advance, but I did not like to urge him for it as he appeared to be very respectable; he wanted to know when he could come in, whether he could send any furniture in—I said, "Yes," he might send it in that day if he liked—I asked him for a reference, and understood he would pay me a quarter in advance—he said I was to refer them to him—I could not make it out—when he took the office, he wished to have a writer to put the name up; he told me to put the name of Montague and Co. up—there was no reference at all—he came in in the course of a day or so after that, and began to have the place fitted up—the first time I saw him he mentioned about the writer coming to put up the name, and the writer came and he gave
his directions to put up the name of Montague and Co.—(looking at a paper)—the name was, "Henry Graham Montague, and Co." that was painted up on the panel—in about a week or ten days afterwards he said there was some misunderstanding between him and Mr. Montague, and in consequence of that he was going to set up in business by himself, and the writer came again, and they put up, "C. Julius Tripe, and Co."—that was about a week or nine days after 3rd or 4th July—Montague did not come there at any time—I never saw Montague till I saw him standing where he is—Mr. Tripe used to come there every day, and I saw a good many persons coming in and out of the office, but I do not know their business—Tripe remained, it might be, about three weeks after the name of "C. Julius Tripe and Co." was written up—he did not sleep at the house, he only occupied it as an office—I did not know of his leaving, he gave me no notice of it; his father attended when he left the office—I have had no money in advance, and have been paid no rent.
Cross-examined by MR. BALLANTINE. Q. Am I right in supposing that the date they came was July 3rd? A. About the 3rd, that is as near as I can say—the name was altered to "Tripe and Co." about nine days afterwards.
SAMUEL FINCH . I live in Canterbury-road, Newington. In June last, I was desirous of emigrating to Australia—I was acquainted with a person named Waterford, who was going to emigrate, and in consequence of something he told me, I went to 6, Austin-friars—I do not recollect the day, but I should say somewhere about 13th or 14th June; it was 10th July I was to sail—I only saw a couple of youths at Austin-friars, but I saw Tripe the same day at Captain Tomlins's, 63, Cornhill—Mr. Vallance, a solicitor, in Essex-street, had money of mine to pay the passage—I told Tripe if he would go up to Mr. Vallance he could receive the money for my passage—it was not mentioned then what ship I was to go by—I did not go with Tripe to Mr. Vallance's—I did not pay the money; Tripe told me he had received it—I saw him write this receipt, and believe this letter (produced) to be in his writing—after I had read it, I saw him on the subject of it—(read)—"Australian Gold and Emigration Company, 6, Austin-friars, June 23rd, 1852.—Dear Sir, I beg to inform you that our ship, which sails on 15th July, (the Camilla), is now in the West India Import Dock, which you can go and see; she as just returned from the colony in ninety-one days, and a very fine ship; I am, dear Sir, your obedient servant, C. J. Tripe, superintendent of shipping"—after I received that letter, I saw Mr. Montague in Austin-friars—I asked him if I could get any passengers what he would allow me; I spoke to him and Tripe on that subject in what was considered the board room, and took the letter I had received from Tripe with me—I did not show it to Montague, but I spoke to him on the subject—I asked him whether if I could get them some passengers, as I was going by their vessel, what they would allow me by way of commission—Mr. Tripe appealed to Montague, and asked what they could allow, and he said they could allow me 1l. per head—I did not succeed in getting any; the affair blew up soon after—I had received a sort of printed receipt from Tripe, this is it (produced)—this is not for the second 7l. 10s. that is alluded to; this is the receipt for the money Mr. Vallance paid for me, he paid no more than 7l. 10s.—I have not had it back, or any part of it—I found no Camilla, or any passage—(receipt read, marked G.—"Australian Gold and Emigration Company, 6, Austin-friars, June 22nd, 1852.—Mr. Finch has paid 7l. 10s. as deposit, on account of passage money, per a ship to sail 20th July; Capt. (blank); the balance 7l. 10s. to
be paid at this office prior to embarkation; in the event of the ship being disposed of, the passage money will be returned. For the Australian Gold and Emigration Company, C. J. Tripe. Name—Mr. Finch; description of accommodation—steerage."
Cross-examined by MR. BALLANTINE. Q. What did Tripe represent himself to be? A. Manager of the shipping department to the company—he did not exactly say to me that he was acting under their control; he did not say whether he was acting under the orders of anybody—I saw most of Mr. Tripe, but he appealed to Mr. Montague once; that was respecting the commission; I never saw them together at any other time—I had a list of the names of the directors from Mr. Tripe; there was a lord among them, Lord Kilworth, and a Major Hawkes—I do not recollect seeing Lord Kilworth—I saw Major Hawkes at the Mansion-house, and I believe Mr. Lutwyche was there—I saw Captain Smith at the Mansion-house—I do not recollect that I heard an application made that they should be bound over as witnesses—I heard that Major Hawkes and some other of the directors subscribed money for the emigrants at the Mansion-house.
Cross-examined by MR. GIFFARD. Q. Who was it said he would allow you 1l. a head? A. Tripe told me of it.
ROBERT WILLIMA WATERFORD . I live at 18, Frederick-place, Newingtonbutts; I keep a chandler's shop there. I had a brother named William, who in June last was desirous of proceeding to Australia—we saw an advertisement in the Times of 10th June, in consequence of which we went to Austin-friars, a day or two after—it was on 11th or 12th we saw Mr. Tripe—we had no conversation with him about the Camilla—I afterwards received a letter from Mr. Tripe—the City Solicitor or Captain Lane has it, I do not know which; it was given in at the Mansion-house—(the letter was stated to be lost)—after receiving that letter I went with my brother to see the Camilla—a day or two afterwards I called at the office and saw Mr. Tripe.
Cross-examined by MR. BALLANTINE. Q. Were you present at the office when there was any meeting of people who called themselves directors? A. I was present one day, I cannot say the day—it was at Austin-friars—I knew them to be directors by Mr. Tripe's words—he said there was a board sitting—I did not go in and see it, but I saw several gentlemen come out of the board room—I afterwards saw some of them at the Mansion-house—I cannot speak to Major Hawkes being one, but I can speak to Mr. Lutwyche as being one—I cannot say exactly whether Lord Kilworth was one—I did not see Captain Smith that day, for I was in conversation with Mr. Tripe—I saw Mr. Lutwyche and others, who I saw afterwards at the Mansion-house—I have received no money from any of them.
MR. PARRY. Q. When was it you saw this meeting? A. I cannot say exactly the day, but it was after 14th June; it was in the month of July—Tripe said the board was formed, and they were sitting—we were talking together, me and Mr. Finch and my brother—there was a remark made by a gentleman who came out of the board room, Mr. Finch said, "You know who that is?"—Mr. Tripe said, "Yes, that is the old leather-seller, who can buy half the Bank of England if he likes"—that was Mr. Lutwyche—Tripe went into the board room, came out, and said, "The company is formed, and it is to be chartered"—I am sure that was in the beginning of July.
COURT. Q. You did not go into the board room? A. Not that day; I did after that—one day when me and my brother called, I found a gentleman sitting there, who I have no knowledge of at all—it was none of the persons I mentioned just now—I knew about a board sitting, from what
Tripe told me, and seeing gentlemen come out with bags and papers in their hands.
CHARLES WILLIAM JAMES DAWSON . I live at 20, Bloomsbury-street, Bedford-square, and am an attorney. The name in this prospectus (C) is not in my writing—I was never appointed solicitor to this company.
Q. That has been sworn to be in Montague's writing; did you ever give Montague authority to insert your name in any prospectus as solicitor to that company? A. Never; nor anybody else—I was spoken to in reference to the company by Major Hawkes—I saw Montague once—I saw Major Hawkes and Captain Smith together, and a person who I did not know then, but who I now know to be Mr. Greenwood—it must have been about the beginning of June when I was first spoken to about this company—I went to Austin-friars twice—the first time was 16th June I think; then it was that I saw Montague—no company was formed by me, or by Major Hawkes, at that time—that was the occasion on which I met Major Hawkes, Captain Smith, Montague, and Greenwood, together—there was a conversation about forming a company at that time—I again attended at Austin-friars on 2nd July; Major Hawkes, Mr. Lutwyche, and another gentleman attended; Captain Smith was there, and another gentleman, whose name I do not know—at that time the company had not been formed.
Q. Was any arrangement come to not to form a company on that day? A. I only stayed a quarter of an hour, I was obliged to go away—neither of the prisoners were there, a friend of mine, Mr. Bascall, accompanied me, but he had nothing to do with the proceedings—no company was formed on 2nd July while I remained there—no company was ever formed, to my knowledge, down to 2nd July—I speak as positively as I can, that no company was ever formed; but I cannot tell what they did after I left.
Cross-examined by MR. BALLANTINE. Q. Did you see your name attached to this prospectus, as solicitor? A. No; it was intended, if the company was formed, that I should be solicitor—I made no alteration in this prospectus—I did in one; that was before 2nd July—I think it was the day I first went there—I cannot exactly tell when that was, but it was somewhere about 16th June—I did not see either of the prisoners present in the board room on 2nd July—I never saw Tripe till I saw him at the Mansion House—I did not know anything of him in these proceedings—I cannot say whether Major Hawkes is a man of fortune—I am concerned in some family matters of his—I believe he is a real, live major—he is a major, but I have not seen him since 2nd July, so I cannot say whether he is alive—I saw him at the Mansion House, not charged with this fraud—I do not know that he was charged with conspiracy and fraud in conjunction with the two defendants—I was present at the Mansion House—he certainly was not charged there with conspiracy in conjunction with the two defendants—I will swear that—Mr. Parry did not appear to defend him, only to watch for him.
Q. I want to know—he was there, and several other of the alleged directors were there, and the two defendants; and they all appeared by counsel, and the case was heard against them all together, was not it? A. I did not understand it so, but Mr. Alderman Carden will tell you—as far as I can tell, without a breach of professional confidence. Major Hawkes is a person of apparent respectability—I know Mr. Lutwyche; I should say he is a person of reputed wealth—he lives at Banstead—he is a director of the Commercial Bank—
Major Hawkes is a director of one other company—I cannot tell you the reason he is not here to-day, or Mr. Lutwyche—I have nothing to do with the conduct of the prosecution—I never saw the Hon. Charles Plunkett in my life—I do not know Mr. Hudson, of Connaught-place, or Lord Kilworth, of the Conservative Club—I am not a member of that club.
Cross-examined by MR. SLEIGH. Q. How did you first become acquainted with Montague; were you introduced to him by Major Hawkes? A. The first time I saw him was on 16th June—I certainly, when I got to the board, saw Montague, but I did not know him till I went there on the 16th—his name was not mentioned—Major Hawkes asked me to go there, and when I went there Montague was introduced to me—Major Hawkes introduced him to me as a mineralogist about to go out for this company.
MR. PARRY. Q. Until you were at the Mansion House, had you ever known anything of emigrants having paid passage money? A. No; I never heard of it till the charge was made against the defendants—on 16th June, or 2nd July, when I attended the meetings, no authority was given to Montague or Tripe to take passage money; nothing of the kind—Montague and Tripe stood in the usual place where persons are charged at the Mansion House—several of the directors came voluntarily forward, owing to what was published in the papers—Mr. Ballantine appeared for one of them—the prisoners were placed at the bar; there was no one else at the bar—it was intended, if a company was formed, that I should be solicitor—after 2nd July I had nothing to do with it, and I resolved not to act—on the next day after 2nd July I determined to have nothing to do with the company—I did not see Major Hawkes, but I communicated that determination to Mr. Lutwyche, who I have a very high opinion of—that was after 2nd July—no company was succeeded in being formed to my knowledge—I was in the habit of seeing Major Hawkes and Mr. Lutwyche immediately after 2nd July.
MR. BALLANTINE. Q. When you left the meeting on 2nd July, did you leave your clerk behind you? A. I left Mr. Haydon there.
HENRY TUCKER . I am a clerk in the Registration Office. I have here the registration of the Australian Gold Diggings Company, dated 22nd June, 1852—there is no place of business of the company mentioned—I have no recollection of Montague coming to the office—the person who comes does not sign his name in our presence—he brings the document which I have here—I have examined the register.
MR. SLEIGH. This is not the best evidence, the book ought to be here.
COURT. Q. How is the register kept? A. In a book which is open to the public; every person coming to the office has a right to refer to it—I have no doubt there are many referring to it at the office now—I have searched the register—no such company as the "Australian Gold and General Mining and Emigration Company "has been registered at any time, provisionally or otherwise.
CHARLES PEARSON, ESQ . I am the City Solicitor. I have no recollection of such a letter as the witness Waterford speaks of coming into my possession—if there had been, I have no doubt I should have recollected it—I remember the examination of the two defendants at the Mansion House, before Sir Robert Carden—it was at his instance that I first attended to watch the proceedings, and in the discharge of my duty as City Solicitor I afterwards conducted the case—this indictment was preferred under my directions.
MR. SLEIGH to SAMUEL FINCH. Q. You spoke of Mr. Tripe as being connected with the shipping department; did you understand that Mr. Montague was going out as mineralogist to the company? A. No, I did not.
MR. SLEIGH to WILLIAM DAWSON. Q. Did not you know that Mr. Montague was in Whitecross-street prison for debt? do you know for what amount it was? A. I do not; I do not know when he was taken to prison—I heard it.
SIR ROBERT WALTER CARDEN, KNT., ALD . I was the Magistrate in attendance at the Mansion House when this subject of complaint was first brought there—there were several hearings before me—Lord Kilworth and other directors attended before me; they were never in custody on any charge—summonses were issued to them, I think to all whose names were mentioned as directors, during the examination, but I believe it was from the prospectus that summonses were issued—I believe summonses were issued to all whose names were in the prospectus.
COURT. Q. Are you aware that in any degree, during the investigation at the Mansion House, any favour was shown to any of the directors, or to any other party? A. Certainly not; and in lieu of favour, there was great harshness, as I wanted to elicit the truth.
Cross-examined by MR. BALLANTINE. Q. Do I understand that Lord Kilworth was there? A. Yes, under summons, the first time; I had no personal knowledge of him—I had some personal communication with him, independent of what took place at the Mansion House; it was on the subject of this case—I heard the case against the whole of the persons summoned with the intention of committing such parties as I thought the case was made out against—Lord Kilworth and Major Hawkes were not at all in the same position as the defendants—they were summoned by my direction, because their names were on the prospectus, to answer any question that might be put to them—I could not tell whether I should examine them as witnesses, or what I intended to do, until I beard the case—I without hesitation granted the summonses—they were to answer any questions—nothing occurred to cause them to be defendants.
Q. Do you mean they were summoned there on speculation, to see if anything occurred to make defendants of them? A. That was the case; I should say Tripe certainly did not attend voluntarily, but I really cannot tell.
MR. BODKIN. Q. You said you had some communication, which was not public, with Lord Kilworth; be good enough to state what it was? A. I did not know it was Lord Kilworth sitting next to me, and seeing him, I said, "Have you any professional gentleman engaged for you?"—he said, "No, I shall merely tell my own tale; I don't want any professional gentleman."
MR. BALLANTINE. Q. Did he tell his own tale? A. Yes; he said he did not know anything of the company—I did not bind him over, because I had nothing to do with him.
Cross-examined by MR. SLEIGH. Q. I believe Montague was brought up on a habeas corpus from Whitecross-street? A. Yes; none of the directors who were summoned were examined as witnesses on the part of the prosecution—I do not remember that you made a request that they should be examined in the defendant's hearing and mine—you did not ask me to examine them, or I should not have refused your request—as you were present at all the examinations, you will give me credit for saying that I thoroughly investigated the case, not only against the defendants, but against all parties—I remember at the examination a book, in the shape of a day book or something of that kind, being produced as evidence on the part of the prosecution, a book belonging to this Mining company, in which the names of persons were written—I do not know where that book is—it was the only book that we could obtain from the office at all—it was called a call book.
MR. SLEIGH to CHARLES PEARSON, ESQ. Q. Do you remember my asking you whether you, as City Solicitor, in the discharge of your duty, would call as witnesses for the prosecution the various directors who were sitting in court? A. I think you did say so on the first day, which was before I had investigated the case at all—I knew nothing of the circumstances—I was only present as an auditor.
COURT to MR. STEVENS. Q. What are Tomlins', of 63, Cornhill? A. Brokers; I do not know whether the prisoners had been employed there, or what Tripe had to do with them.
MR. SLEIGH called
THOMAS SMITH . I have carried on business in Mincing-lane, for twenty-five years, as proprietor of the Shipping Journal, but I have parted with it to my son-in-law. I know both the prisoners—Mr. Tripe was a very respectable young man while he was with me—I have known Montague upwards of twelve years—I know him by bringing out an opposition paper to my own, opposite my office—up to the period of his being connected with this company he was with my son-in-law as his agent—he has borne a good character for honesty—he was not always with me—I never heard anything dishonest of him.
Cross-examined by MR. BODKIN. Q. I give you the opportunity of considering your answer; do you mean to say you have had opportunities during twelve years of knowing his character? A. As far as I can; I have had transactions with him—I have had opportunities of knowing the meant by which he got his living, and the character he bore for twelve years.
Q. Then, I ask you whether you mean to deny if you know what his employment has been, that he was charged with swindling a Mr. Loader of 200l. or 300l., for a company for a cemetery, in Moorgate? A. I never heard of it; I heard of the company—I do not know him as a mineralogist at all—I know him as connected with the press—he occasionally writes articles and obtains advertisements, for which he receives a commission—I employed him for my journal, the Mercantile Journal—my son-in-law employed him in collecting advertisements till he was taken away by this company—that is not what I call being connected with the press—he wrote articles occasionally, as other contributors do—I do not know Mr. Loader, an upholsterer, of Moorgate-street—I do not know whether Montague got his house furnished in Moorgate-street where the cemetery was to be carried on—I do not know whether he attended there day by day.
MR. SLEIGH. Q. Do I understand you, you have been twenty-five years in business in Mincing-lane? A. Yes, as proprietor of a newspaper; I endeavour to be a gentleman of respectability—I know that Montague has been engaged for years in writing scientific articles for various publications.
AMB ROSE ADAMS WARDEN . I have been editor of Mr. Smith's paper, the London Mercantile Journal, for the last eight years. I have known Montague nearly the whole time I have been there until he left our office, which was some time since last Christmas—during that period his character for honesty and integrity has been very respectable—I have not heard anything derogatory to his character as a respectable man.
Cross-examined by MR. PARRY. Q. Were you on visiting terms? A. No; I have heard of this Cemetery or Necropolis Company, and have heard Montague say he was connected with it—I never heard him say he was charged with defrauding Mr. Loader of 300l. or 400l. worth of furniture to furnish up the cemetery with coffins and things.
MR. SLEIGH. Q. Do you know that Mr. Loader bag recently become a bankrupt? A. Yes.
TRIPE— GUILTY . Aged 20.
MONTAGUE— GUILTY . Aged 51.
Transported for Seven Years.
(MR. RYLAND offered no evidence.)
NOT GUILTY .
NEW COURT.—Monday, September 20th, 1852.
PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. Ald. SALOMONS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
JOSEPH LEVY . I am a portmanteau maker, and live in Kirby-street, Hatton-garden. The prisoner is a relation of my wife—he was several times with me when I had goods to take out—I took him with me—he was never employed to receive money for me—I never authorized him to receive money for me—it was not his business to receive money.
NOT GUILTY .
NOT GUILTY .
MICHAEL HAYDON . I am a City policeman. On 14th August, about twenty minutes before 4 o'clock, I saw the prisoners, and another man who was not taken, at the corner of Fenchurch-street, in Gracechurch-street—I saw the prosecutrix, the two young men placed themselves before her, and the female placed herself by her side, and put her left hand in her dress pocket—the prosecutrix moved about two yards away—the two men followed her, and the female prisoner again went and placed her left hand to the right hand side of the prosecutrix's dress—the two men were at that time in front of the prosecutrix—they all three moved away, and the female and the two men appeared to speak together—the men then walked together down Grace-church-street—and the female went up Fenchurch-street—I spoke to the prosecutrix, and she felt her pocket—in consequence of what she said I followed the female, and saw her walking with another female, and she was immediately joined by the male prisoner—I went up to the female, and said, "I want that lady's purse that you have got"—she said, "What purse; I have got no purse;" and at the same instant I observed her arm moving under her shawl—I pushed her on one side, and saw the purse on the ground—the prosecutrix said, "There is my purse"—she stooped down, took it up, and gave it me—this is it (produced).
Cross-examined by MR. PAYNE. Q. How far up Fenchurch-street was the woman? A. About thirty yards—there was another woman and the male prisoner—the other woman went away; she was afterwards brought to the station, but I had no charge to make against her—I had not seen that second
woman till I saw the female prisoner join her—I did not see which way she came—I was speaking to the prosecutrix—when the female first went up to the prosecutrix she was standing at the corner of Gracechurch-street and Fen-church street—I cannot tell what she was waiting for—there were other persons passing and repassing—the prosecutrix moved about two yards towards King William-street—it appeared to me that her object in moving was to get away from the female prisoner—she at last walked across Fenchurch-street—I desired her to wait in Mr. Wilmott's shop, but she did not—she saw the male prisoner walk across the road, and she came to me, and went after me up Fenchurch-street.
SARAH GREGSON . I am the wife of John Gregson. On 14th August I was in Gracechurch-street—I was standing at the corner to cross the road, and the female prisoner came to my side—I am sure it was her—I moved about two yards further, and she came to the side of me again—I did not notice anything happen to me—I went across the road—the policeman spoke to me, and I found my purse was gone—I had noticed the male prisoner in front of me—I had not noticed any other man—I noticed the two prisoners, and I said "They are them"—the officer went and took them—I believe that was in Gracechurch-street—I saw my purse again—the female prisoner dropped it by the side of her, or rather behind her, on the pavement—she was standing close by the side of it—I saw it glance down her dress—I said, "There is the purse; she has just dropped it;"—I picked it up—this is it—the male prisoner was with her at that time.
Cross-examined. There was another woman with the female prisoner—I did not notice—there might be—I did not see the female join anybody except the man—I believe this was in Gracechurch-street, but I am a stranger—I cannot say.
WILLIAMS**— GUILTY . Aged 24.— Transported for Seven Years.
MORTLOCK— GUILTY . Aged 22.— Confined Six Months.
GUILTY . Aged 22.— Transported for Seven Years.
GUILTY . Aged 16.— Confined Six Months.
GUILTY . Aged 38.— Confined Four Months.
GUILTY . Aged 17.— Confined Four Months.
GUILTY . Aged 18.—Recommended to mercy.— Confined Four Months.
LETITIA ELIZABETH SYMONS . I am the sister of the prisoner. On 27th Aug., about 6 o'clock in the evening, he went up stairs to my bed room—he lived in the house, but he had no right up stairs—I had in a box in my bed-room, a gown, a pair of boots, and a paletot—the prisoner was not up stairs five minutes; he came down, and went straight out—I went up stairs directly after he was gone, and missed my dress and boots—I saw them again the next morning—these are them—I live with my mother, Mary Ann Symons,—these other articles are hers—the prisoner had no right to take them—he had never pawned anything with my authority—my mother never gave him leave in my presence, to pawn her things.
AARON HUGHES (City-policeman, 345). On Sunday night, the 29th Aug., my attention was called to Maria Lewis; I took from her eight duplicates—Hannah Dee said, in the prisoner's presence, that she gave her this gown to pawn, and she pawned it.
Prisoner's Defence. It was my intention to redeem them; I was going to a situation on the following Monday; I told Dee so, if she will speak the truth.
GUILTY . He was further charged with having been before convicted.
DANIEL MAY (City-policeman, 357). I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted May, 1851, for stealing 1,200 sheets of printed paper. Confined six months)—the prisoner is the person—he had before that been summarily convicted; he was then in custody for burglary—his friends sent him to America—since his return he was taken up with two others, and was acquitted last session.
GUILTY. Aged 17.— Transported for Seven Years.
EDWARD WILLIAMS (City-policeman, 637). On 14th July I was on duty in Houndsditch. I saw the prisoner with this carpet on his shoulder—he went into a public house, and I followed him—I asked him what he had got—he said a carpet, which he had brought from the East India House, to have it beaten—I was not satisfied, and I took him into custody—he said the carpet had been given him by Mr. Collins, who was a messenger of the East India House—I took him to the station; I found nothing on him—he gave me his address, in James-street—I went there, and found a number of duplicates in a drawer in the room where he was lodging—two of them relate to those other carpets, which I produce.
THOMAS FOX . I live at 19, Bishopsgate-street, and am an upholsterer. The prisoner has been in my employ—I cannot identify these carpets—I had a number of carpets belonging to the East India Company, under my care, but they were not on my premises, they were in a store in the East India House, in Leadenhall-street—I cannot say when I saw them last—they were locked up in the store, and it was the prisoner's duty to take them out of the store and lay them down when they were required, but not to take them of the premises—he was to take them to be beaten when he had express orders—whether these are some of those carpets that ought to have been in the store, I cannot tell—they were such carpets as these—I saw the one produced by the officer, it was one of their pattern, and it had been recently beaten—it did not require to be beaten at the time he had it—it is an old carpet, it did not want anything to be done to it before it was laid down again—the prisoner could go to the store, but he had no liberty to pawn the carpets.
Prisoner's Defence. I merely pawned them to take them out again; Mr. Fox has known me twenty-five years.
MR. FOX. Yes, I have known him, and till lately I had the greatest confidence in him; but since this I have missed other things.
GUILTY . Aged 42.— Confined Four Months.
GUILTY . Aged 20.— Confined Twelve Months.
GUILTY . Aged 63.— Confined Four Months.
MR. HUDDLESTON conducted the Prosecution.
JOHN CHATFIELD . I am a grocer, and live in Aldgate High-street. The prisoner was in my employ on 31st Aug. and had been so for five or six weeks previous—in consequence of something I heard, I marked a half crown and two shillings in a particular way, and put them in the till—there was then no other silver there—I called the attention of my shopman to it—I then marked another half crown and two shillings in a different way, and gave them to my porter to give to a person to purchase articles in the shop—in a few minutes Mrs. Williams came in the shop, and I went out—Mrs. Williams had some dealings with the prisoner—I saw her quit the shop, and I went in immediately—no person could have been at the till from the moment Mrs. Williams left till I went in—I saw the prisoner leave—I went to the till immediately—the prisoner could see I went to it, and he walked to the back of the shop—there is a water closet and a soap closet on the next floor below—the prisoner went the way towards them—on examining the till, I found the 4s. 6d. that I had marked and put in, and 3s. 6d. that was not marked, and 1s. of the 4s. 6d. that I had marked and given to my porter.
Cross-examined by MR. DEARSLEY. Q. You put in the till 4s. 6d., and then Mrs. Williams came in and paid 4s. 6d., and you found 1s. of that? A. Yes; I found 3s. 6d. beside, which was the change of a sovereign which
another person had changed—I found only the prisoner in the shop when I returned—the coming in of the porter was the signal for the other shopman to go out, and for me to go in.
ROBERT EDWARD CLARK . I am shopman to Mr. Chatfield. I saw the marked money put in the till—after that a person came in to make a purchase, and paid the prisoner with a sovereign—he went out and got change, and gave her the change ont of the sovereign—the goods she purchased came to 3s. 3d., he gave her 16d. 6d. and 3d. in copper—I did not see what he did with the remaining 3s. 6d.—Mrs. Williams afterwards came in—I left the shop, and my master came in—there was another customer in the shop whom I had served before Mrs. Williams was served.
JOHN LEWIS . I am porter to Mr. Chatfield. I received from him a marked half crown and two shillings—I gave them to Mrs. Williams, on 8th Sept.—I went to the soap closet, which is at the same end of the warehouse as the water closet is, but not very near to it—it is near it—I moved some soap, and I heard something fall—I gave information; the policeman searched the closet and found a half crown and a shilling.
MARY WILLIAMS . I am married. I received from Lewis a marked half crown and two shillings, to purchase some goods at Mr. Chatfield's shop—I went and bought goods to the amount of 4s. 6d.—I gave the prisoner the half crown and two shillings that Lewis gave me—there was a lady in the shop—when I went out, Mr. Chatfield went in.
MR. CHATFIELD re-examined. Q. Did you see the half crown and the shilling that were found in the soap cupboard? A. Yes; they were part of the money I had marked and given to Lewis, and they were similarly marked to the one shilling found in the till.
JURY. Q. What did you find in the till? A. Nine shillings—the 4s. 6d. that I had marked, 3s. 6d. unmarked, and one shilling that had been given to Mrs. Williams.
Prisoner's Defence. Lewis can prove that I went no further than the water closet; I did not go near the soap closet.
GUILTY . Aged 20.— Confined Eight Months.
NEW COURT.—Tuesday, September 21st, 1852.
PRESENT—Sir JOHN KEY, Bart, Ald.; Mr. Ald. KELLY; Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. SALOMONS; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Sixth Jury.
GUILTY . Aged 22.— Confined Six Months.
GUILTY .— Transported for Seven Years.
NOT GUILTY .
MESSRS. ELLIS and DAWSON conducted the Prosecution.
FRANCES BARNETT . I am the wife of Samuel Barnett, a boot and shoe maker, of 5, Spectacle-alley, Whitechapel. On 13th July the prisoner came to the shop for a pair of boots—they came to 2s. 3d.—she gave me a half crown—I did not know it was bad—I put it in the till—there was no other there—about half an hour after I went to pay some money, and I discovered the half crown was bad—there was no other half crown in the till then, and I had not left the shop—I wrapped it in a paper, put it by itself, and gave it to my husband when he came home—on 14th July the prisoner came again for a pair of shoes—they came to 1s. 6d.—she tendered me a bad 5s.-piece—I put it to my teeth and bit it—I went out on a pretence of getting change—I took the crown piece with me and showed it to a neighbour, who put it in a detecting machine and found it was bad—it was not out of my sight—I am sure the one that my neighbour tried was the one the prisoner gave me—I returned and gave the prisoner into custody—I took the crown to the station, and gave it to the constable.
SAMUEL BARNETT . I received the half crown from my wife, on 13th July—I put it in a piece of paper and kept it in my pocket till I gave it to the policeman—I am certain it was the one I had received from my wife.
ELIZABETH ABRAHAMS . I am the wife of Abraham Abrahams; we live in Spectacle-alley. The prisoner came on 14th July and purchased a dress, which came to 2s. 6d.—she gave me a half crown—I put it in my pocket, where I had no other half crown, nor any silver—the moment after she left the shop I found it was bad—I had it in my possession about half an hour, and then gave it to the policeman—I had seen the prisoner before—she bad been at various times and made purchases.
GEORGE BALL (police sergeant, H 21). On 14th July I received from Mrs. Barnett a crown piece, a half crown from Mrs. Abrahams, and another half crown from Mr. Barnett—they were all marked at the time they were givento me.
Prisoner's Defence. I am an unfortunate woman; on Tuesday night I met a gentleman, who gave me the 5s. piece; I went on the Wednesday to buy a pair of shoes for my child; I gave the prosecutrix the 5s. piece; she told me it was bad, and she gave me in custody; and while she was out of the shop, a female came in who was a neighbour, and accused me of giving her a bad half crown; when I was at the station the prosecutrix accused me of having given her a bad half crown two or three days before, but I never was in the shop before.
GUILTY . Aged 25.— Confined Twelve Months.
MESSRS. ELLIS and DAWSON conducted the Prosecution.
ELIZABETH TULL . I am staying at the George beer shop, in George-court, Strand, which is kept by my brother-in-law. On 11th August the prisoner came in the evening—he asked for a pint of beer—I served him, and he put down a half crown—I took it in my hand, and gave him 2s. 4d. change—I showed the half crown to Mrs. Prince, my sister—I tried it in her presence, and found it was bad—the prisoner was in front of the bar at the
time I was trying it—I told him it was bad—he said he did not know it—I called my brother in law—I gave the half crown to my sister, and she gave it to my brother in law—we called a policeman, and gave the prisoner in charge—I did not lose sight of the half crown at all between the time of my receiving it and its being given to my brother in law—I am sure it was the one the prisoner gave me.
Prisoner. Q. What time did you observe it to be bad? A. After I gave you the change—I stated that I knew it was bad—I proved it by the detector—I did not say that I first bent it with my fingers—I afterwards gave it to my sister, and said to her, "Is not this a bad one?"—she said Yes"—she kept it in her hand, and gave it to my brother in law—she reached out her hand, and the potman took it, and gave it him—it was not out of my sight—my sister was in the cellar, and she came up—my brother in law has a detector by the side of the counter—I know the half crown—it is one of Victoria's—I bent it in the detector—this is it—here is a cross on it which the policeman made—I made the bend in it.
MR. DAWSON. Q. Did you see the potman give it to your brother in law? A. Yes—I am sure it was the one I had from the prisoner.
WILLIAM PRINCE . On 11th August I was in the cellar of my house—I was called up by the potman—I received the half crown—I looked at it and found it was bad—I told the potman to go outside, and call in a constable—I did not say anything to the prisoner—after I gave him in charge, he said a sailor gave him the half crown for bringing up a parcel from Westminster-bridge—I gave the half crown to the policeman—this is it.
Prisoner. Q. How do you know it is the one? A. I am certain of it—I know this by the mark—I did not look at the date of it, whether it was Victoria, or George IV., or George III.—I only looked at the bend—I did not see it bent, but I saw it after it was bent—the potman took it out of Mrs. Prince's hand, and gave it to me.
WILLIAM LANGLEY (police sergeant, F 42). I was directed by Mr. Prince to take the prisoner—I received this half crown—on the way to the station I had a great deal of conversation with the prisoner—in one part of it he said, "You have not got me to rights: it takes two pieces to constitute a case"—he was ultimately remanded.
Prisoner. Q. You are quite sure that the worthy Magistrate remanded me in consequence of what you said, from Saturday till Monday, to bring forth proof that I said this? A. Yes; I was on my oath when I communicated these remarks to the Magistrate.
Prisoner. Q. Did I not say to Mr. Henry, "If this man were on his oath he would not say this;" and he said, "Swear him?" A. You talked so much that I do not know half you said—Mr. Henry remanded you from Saturday till Monday—on the first occasion I gave no evidence, and then Mr. Henry said he should remand you, and find out your character—Mr. Hall said on Monday, that you were discharged because there was only one uttering—he did not tell me he could make nothing of it—I do not think I was in uniform when I came into the Court at Bow-street, but I cannot recollect—I believe Mr. Henry said, "Well, what about that case?" and I was sworn, when you made some remark.
ANN WILDEN . I keep a shop, in Upper Chapman-street. The prisoner came to my shop on Friday evening, the 20th Aug., between 7 and 8 o'clock, soon after the gas was lighted—he inquired if I sold tobacco—I said, "Yes"—he asked for half an ounce, and I served him—it came to three halfpence—he laid down a half crown; I found it was bad—I rubbed it with my finger
and thumb, and it was all black—I told him it was bad, and asked him to return my tobacco—he did return it, with my asking him twice, and saying I would call in a policeman if he did not—he told me he took the half crown of a stevedore, who is a person who employs men to pack goods on board vessels—I laid the half crown on a small shelf behind me, and took it away in about an hour—I was in the shop, and no one else could have meddled with it—I took it up stairs, and put it in my cash box by itself, no other money with it—I locked it up—it laid there till I gave it to the policeman, about a week afterwards—I unlocked the cash box, and took it out—I found it where I had put it.
Prisoner. Q. When you came to Arbour-square the constable came, and I was exhibited to you by myself, did you not say that I was not the man? A. At the moment you appeared not quite so dark—I shook my head; I did not make any reply at all—when you began to speak I recognized you by your voice—I did not say a second time that you were not the man—I put the half crown in my cash box, and locked it—I afterwards gave it to the policeman; I cannot say whether it was exactly a week afterwards.
Prisoner. I should like to have her deposition read—(The deposition was read, and agreed with the evidence the witness had given.)
JEMINA DE ROCHEMENT . I am the daughter of Sarah de Rochement. I was in Mrs. Wilden's shop on Friday, the 20th—the prisoner came in, and asked her if she sold tobacco—she served him some, and he laid down a half crown—she said it was bad—I am sure the prisoner is the man.
Prisoner. Q. Did you see the half crown? A. I saw it when it was put down; she laid it on a shelf behind her, and you ran out of the shop—it was about 7 o'clock—I should know the half crown again—Mrs. Wilden took it up, and I saw it in her hand—there was nobody in the shop but Mrs. Wilden, and you and I—you laid it down on the counter, and there was a little dent in the edge of it—this is it (looking at it)—it has a dent in it.
SARAH RULE . I keep a grocer's and cheesemonger's shop in Lower Chapman-street. On 22nd Aug. the prisoner came to my shop; it was a few minutes after 12 o'clock on Sunday morning—he asked for half an ounce of tobacco—I gave it him, and he threw down half a crown on the counter—it was a bad one—I passed it to my shop lad—I did not mark it, but he did—the prisoner had been to my shop before, and on those occasions I put the money he gave me into my cash box—I am sure that the one he gave me this time was the one I gave to my lad.
COURT. Q. The prisoner gave you a half crown, you saw it was bad? A. Yes—I gave it to my lad, and he marked it.
Prisoner. Q. Was it on the 21st or 22nd? A. It was on Sunday, the 22nd—I did not say in my deposition that it was on Saturday, the 21st.
(The deposition was here read at the prisoner's request, and in that the witness had stated, "On Saturday evening, the 21st, the prisoner came and bought half an ounce of tobacco.")
JAMES HONESS . I am shopboy to the last witness. I saw the prisoner standing at the counter in her shop—it was a few minutes after twelve o' clock on Sunday morning, the 22nd—he gave my mistress a half crown, and she gave it to me—the prisoner was in the shop at the time—it was a bad one—I should know it again by the mark I put on it, which was an H—this is it (looking at it)—I told the prisoner it was bad—he said, "Let me look at it"—I said, "No; I shall not let you look;"—he told me he took it of a stevedore—I followed him, and gave him in custody—after he was in custody he called to a man, and asked if he had not given him a half crown, and he
said, "Yes;" the constable said, "Was it a good one?" he said, "Yes;" the constable said, "It cannot be this, for this is a bad one;" he asked him what it was for; he said, "Removing goods;" he said, "What goods?" he said, "Anything—coals."
WILLIAM KEELEY (policeman, K 175). I took the prisoner in custody, and received this half crown from the last witness—in going down Lower Chapman-street, on the way to the station, he saw two men—he called to one of them by name, and said, "Have not I been at work for you?"—the man said, "Yes"—he said, "What did you give me?"—the man said "Half a crown"—I said, "Was it a good one?"—he said, "Yes"—I said, "Then it cannot be this"—I said, "What work has he been doing?"—he said, "Anything—moving coals."
Prisoner. Q. What time was it? A. As near 12 as could be—I could not say whether it was before or after.
Prisoner's Defence. If I had been allowed the opportunity, I have no doubt I could have got the man that gave me the half crown; since emigration has been so plentiful I have got work to carry coals on board ships; I have lived fourteen years in the parish of St. George in the East; I did not know the money was bad, or I should have destroyed it, and not committed myself by passing it.
GUILTY .** Aged 30.— Confined Two Years.
MESSRS. ELLIS and DAWSON conducted the Prosecution.
ALFRED WILSON . I am a woollen draper, and live in St. Martin's-lane. On 27th Aug. the prisoner came to the shop, and asked for some silk—it came to 9d.—she gave roe a half crown—I took it in my hand and bit it—I thought it was bad, and I gave it to Mr. Hayward, my employer.
JOHN HAYWARD . I was in the shop—I got a half crown from the last witness—I noticed it was bad—I put it to my teeth, and bent it into a curve—I nearly broke it—I gave it back to the prisoner—she said, "If it is bad I did not know it"—I said, "I think you must know it was bad; let me see it again"—she held it in her hand, but would not let me look at it—I sent the lad for a policeman, and I saw the prisoner put her hand to her mouth—I said to her, "Do not swallow it; you may injure yourself"—at the station she said she had given it back to me, and she did not know what I had done with it—she was afterwards searched, and it was found—this is it—it was in this state before I returned it to ber, in consequence of my bending it.
Prisoner. Q. When you gave it me back, I held it in my hand till I went out. Witness. No; you put it in your mouth.
THOMAS SMITH . I am an officer. The prisoner was given in my charge—Mr. Hayward said she gave him a bad half crown, and he gave it her back, and he asked her for it again, and she would not give it him, but she put her hand to her mouth, and be supposed she bad put the half crown in her mouth—she said she had not—I took her to the station, and left her with the searcher—I afterwards got this half crown from the searcher.
HANNAH GREEN . I am searcher at the station. The prisoner was brought there on Friday, the 27th—I searched her—I asked her to take her bonnet off, because I thought she would spoil it—she made an observation, and I thought she had something in her mouth—I asked her if she had anything—she did not answer me, but she made a movement as though she were going to swallow something—I put my hand round her throat, and this half crown fell out of her mouth—she laughed, and said, "You can do nothing with it,
it is only one"—I said, "You appeared to be deaf"—She said, "No; I am not so deaf as you take me to be"—I gave the half crown to the inspector after I had marked it—this is it.
Prisoner. I had it in my hand. Witness. No; you had it in your mouth all the time you were in the cell—I held you tight by the throat or else I believe you would have swallowed it—I called some of the officers.
Prisoner's Defence. I did not know it was bad.
(The prisoner received a good character.)
GUILTY . Aged 29.—Recommended to mercy by the Jury. Confined Three Months.
MESSRS. ELLIS and DAWSON conducted the Prosecution.
ROTH ROBINSON . I am a pastry cook and confectioner, and live at Somers-town; I have known the prisoner for eighteen months. On 25th Aug. he came to my shop—he had a penny custard, and paid me a penny piece—he then had a second, and he gave me a crown piece—I put it in the till—something struck me that it was wrong—I tried it, and it was a bad one—I showed it to my husband, and then put it in the glass case—there was no other crown piece there—that was the largest piece I had—this is it (looking at it)—I gave it to the constable.
ISAAC JOHN HATFIELD . My father is a bookseller, and lives at No. 78, Tottenham-court-road. On 29th Aug. the prisoner came to my father's shop and asked for an Illustrated London News—I gave him one—he asked the price—I told him sixpence—he gave me in payment a 5s. piece—I put it in my mouth and found it was bad—I called my father and gave it to him—my father sent me for a policeman—I brought one, and the prisoner was given into custody.
ISAAC EDWARD HATFIELD . On 29th Aug. I received a bad 5s. piece from my son—I told the prisoner it was bad, and asked where he got it from—he said he did not think it was bad, and he asked me to weigh it—I said there was no necessity for that—I sent for a constable—I marked the crown piece with a pair of scissors, and gave it to the constable.
Prisoner. Q. Did you not ask my name, and did I not give you my name and address? A. You said your name was Horace Wraxall—I am not certain that you gave your address—you gave me some letters to read—I did not notice whether your address was on them—I gave you the crown in your hand, and you returned it back to me—you remained in the shop the whole time.
Prisoner. Q. You searched me in Mr. Hatfield's shop, and found nothing on me? A. No; only a penny piece.
SUSANNAH COWELL . I am the wife of Charles Cowell. On 31st Aug. I saw the prisoner at the Blue Last, in Compton-street, between 8 and 9 o'clock—he called for a glass of ale—I served him—when he was to pay he held out his hand with some silver in it—there were some shillings in it—I took one of those shillings, and found it was bad—I took it to the detector and bent it—I told him it was bad—he said, "Take another"—I did and found it was a good one—the prisoner said, "I will leave this shilling with you, for I was taken into custody a short time ago for passing a bad 5s. piece"—the prisoner went out—my husband came in, and I told him, and gave him the 5s. piece—a few minutes afterwards I was standing at the door, and the
prisoner went past—my husband pursued him—I had given the prisoner a sixpence and 4d. change out of the good shilling.
Prisoner. Q. Did I not hold out my hand while I was drinking the ale? A. I could not swear that.
CHARLES COWELL . I am the husband of the last witness. I received a bad shilling from her that day—I put it in my pocket, and gave it to the constable—I am quite certain it was the same I got from my wife—I gave the prisoner into custody.
SAMUEL FREDERICK SANDERS . I am a tobacconist, and live in Goswell-street. On 31st Aug. the prisoner came in the evening, and asked for a twopenny cigar—he put down 1 1/2 d., and took it up, and said he had not sufficient coppers, I must give him change—he put down a shilling—I directly saw it was a bad one—I told him so—he said, "Is it a bad one?" and be held out his hand for it—I said, "No; you don't want this, I shall nail it to the counter"—he gave me a good one, and said he should like to see the bad one nailed to the counter—I went down stairs to get a hammer, and when I came back he had left the shop—I followed him up Compton-street to St. John-street, and saw him in company with another man, who has had his trial for what he had about him, and was discharged—I kept the shilling in my possession till I was at the station house—I marked it, and gave it to the policeman.
Prisoner. Q. Did I not pull out two shillings and 1 1/2 d.? A. You did not put them down altogether; you asked for a twopenny cigar—you held out your hand for the shilling, and I said, "No; you don't want this; I shall nail it to the counter"—there was a young person in the shop, I asked her to fetch me a hammer, and she fetched me a very small one—I went down to get a large one, and while I was down you left the shop—the young person said you ran out.
MR. DAWSON. Q. Are you certain this is the shilling you got from him? A. Yes.
Prisoner's Defence. I wrote to a friend for some money to go to Australia; I got it, and went to the theatre; I went then to a coffee-house, and then to a gambling-house, and then to a gambling-house, and won a crown; I went again, and took the money which I had, and carrying it about in my pocket it got much blacker, but I did not know they were bad; I went to pass the shilling, which was refused, and I said I had been locked up for a crown; I went home, and a half crown was bad, and there were two or three shillings so turned that they were detected immediately when I was given into custody; if I had been a passer of bad money, it was not likely I should have appeared to my recognizance, I had plenty of time to get away; I got it from a house that is called the "Mint;" I did not know it was bad.
The prisoner called MARY ANN WRAXALL. I live in Goldington-street, Oakley-square. I know the prisoner had seven guineas from Lady Rowe, to go Australia—I think it is about a month ago—I know it, because my husband wrote to Lady Rowe and Sir Frederick, to know if he had had any money, and he had—my husband is not here—he will not appear for the prisoner—the prisoner has lived with me, but not for the last two years—he went on very well, but I am sorry to say it is bad company has brought him to this.
Prisoner. I gave my right name and address, and it is not likely I should have done so if I had known it was bad.
Prisoner. I was going to new lodgings; I told the Magistrate I lived in Albany-street; I made a mistake, and said it was No. 45, not 47.
GUILTY . Aged 18.— Confined Twelve Months.
MR. DAWSON conducted the Prosecution.
JOHN MAGIN . I am assistant to Mr. Hatton, a silk mercer, 111, Oxford-street. On 16th Aug. the prisoner came, and asked me to show her some ribbon—I supplied her with some—it came to 1s. 8d.—she gave me in payment a 5s. piece—I took it to Edward Norfolk, the cashier—he gave me the change, which I gave to the prisoner—on 31st Aug. she came again, and asked another witness for some ribbon—I did not see her pay him, but after he had served her, he called Mr. Hatton, who gave her into custody—he told her she had passed a bad 5s. piece, and he charged her with having passed another 5s. piece—I am sure that the person who called on the 31st was the same person who called on the 16th, and gave me the crown piece.
EDWARD NORFOLK . On 16th Aug. the last witness gave me a 5s. piece—I gave him change—I did not perceive that the 5s. piece was bad—I put it into the till—there was no other 5s. piece there—I continued at the desk—Mr. Hatton came in about half an hour, and took my place—he showed me the counterfeit crown, and gave it me, and told me to put it on one side, which I did—I put it away from all other money—I put it on one side the desk, and covered it with a bowl—on 31st Aug. I saw the prisoner again, and she was given into custody—Mr. Hatton asked me for the 5s. piece again, and I gave it him.
WILLIAM DENNANT . On 16th Aug. I was present when the prisoner gave the 5s. piece to the first witness—on 31st Aug. I was in the shop, and the prisoner came again, and asked me for some ribbon—I served her—she gave me a crown piece, and 2d. in halfpence—I had suspicion, and I kept the crown piece in my hand—I called Mr. Hatton, and he gave the prisoner in charge—I gave the crown to Mr. Hatton—he returned it to me, and I marked it—this is it.
EDWIN HATTON . On 16th Aug. I looked into my till, and found a bad 5s. piece—it was the only one that was there—I detected it at once amongst the other silver, to be bad—I called the cashier, and asked if he had taken a 5s. piece—I gave it him, and he placed it under a bowl—on 31st Aug. I received another crown from the last witness—I marked them both, and they were given to the constable.
Prisoner's Defence. I am a widow, and have two young children; a gentleman came to me, whom I have known for some years; he gave me the crown; I did not know it was bad.
GUILTY .— Confined Six Months.
MR. DAWSON conducted the Prosecution.
Little Earl-street, Seven-dials. On 10th Aug. the prisoner came, and asked for a halfpennyworth of snuff—I served her—she gave me a sixpence, and I gave her change—I put the sixpence into a till, where there was no other sixpence—I had just taken the money out of the till—the sixpence remained there some little time—Jane Marney came into the shop—she bought some tobacco, and I gave her the sixpence in change—she went out, and came back, and brought the sixpence, and said it was bad—I said, "Dear me! who did I take it of?"—I said "Oh, I know!" and I put it behind the counter—I afterwards gave it to the constable—I am sure it was the same that the prisoner gave me—between the time of my putting it into the till and taking it out, I had not put any other sixpence in—Jane Marney came back with it in her mouth—she had not left the house half a minute—the was hardly off the step of the door.
JANE MARNEY . On 10th Aug. I went to the last witness's shop for some tobacco; I gave her a shilling; she gave me a sixpence and 5 1/4 d.—I bit the sixpence, and found it bad—I gave it to Mrs. Hardeman—it was the same the had given me.
DAVID HARDEMAN . On 10th Aug. the prisoner came to the shop while I was there; she asked for a pennyworth of Scotch snuff; I served her, and she gave me a shilling—I discovered it was bad—I told her so—she said it was not—I tried it with my teeth, and found it to grate—I said to my wife, "Here is another bad shilling, what shall I do with this?"—my wife was sitting in the parlour, she rose up, and said, "That is the woman that gave me the bad sixpence"—I gave her in charge—I marked the shilling and sixpence, and gave them to the policeman.
Prisoner's Defence. I had been working on the Dials; a woman asked me to get her some snuff, and I did; she then sent me for a pennyworth; I went and gave the shilling to this man, and he showed it to his wife, and she came and said I had given her a bad sixpence before; he asked what he should do with me, and she told him to give me in Charge; I have known her shop for eighteen months.
GUILTY . Aged 30.— Confined Six Months.
MESSRS. ELLIS and DAWSON conducted the Prosecution.
JOHN FERGUSON . I keep the East India coffee house, in High-street, Poplar. On the evening of 13th Sept. the prisoner came, between 8 and 9 o'clock, for two pennyworth of rum—I served him; he gave me a half crown, and I gave him a shilling, two sixpences, and a fourpenny piece—I kept the half crown in my hand—he had got as far as the door before I detected that the half crown was bad—I called after him, but he did not answer me—I was obliged to leave the bar and go after him—I overtook him about 100 yards from the house—I brought him back, and said, "Do you know what you gave me?"—he said, "Yes, a half crown"—I said it was bad—he said, "I must have been paid it by mistake"—I said, "You have some more about you"—he pulled out his purse, and gave me another half crown—he said, "Will that do?"—I said, "I am not satisfied with that"—I sent the boy for a policeman, and gave him in charge—these are the two half crowns the prisoner gave me.
Prisoner. Q. When I came in I put down a half crown; you gave me 2s. 4d., I drank the rum, and I had got 100 yards from your premises? A.
You were about that distance when I overtook you—I had no one to leave in the bar; I was forced to leave the bar, and run after you—I kept the second one in my hand till I came to the station—it might be half an hour or twenty minutes—I marked the first one—I bent it—I told the policeman the second was bad—I am certain I had not taken any bad previous to that.
CHARLES COLLINS (policeman, K 435). The prisoner was given into my custody—I received one bad half crown from Mr. Ferguson—I found on the prisoner one shilling, three sixpences, a fourpenny piece, and twopence in coppers.
Prisoner. Q. Did not I give another half crown in your presence? A. No.
Prisoner. Q. How long was it after I was in the station, before you were sent to Mr. Ferguson to know if he would give me in charge? A. You were in the station before I came there—Mr. Ferguson gave me this half crown when I went there.
Prisoner's Defence. I had a sixpence in my pocket that I was not aware of; I changed it, and got a cup of coffee, which was the reason why I had got the coppers about me; I was charged with the first half crown; I gave him another, and he spun it on his finger, and said, "There is a great deal of difference in the weight; "I was taken off, and the officer was sent to him, to know if he would give me in charge, and he gave him another half crown.
JURY to MR. FERGUSON. Q. How soon after you took the second half crown did you find it was bad? A. Directly I took it in my hand—I sent the boy for a policeman, but I could not leave to go to the station—I kept the half crown in my hand.
GUILTY . Aged 27.— Confined Six Months.
MESSRS. ELLIS and DAWSON conducted the Prosecution.
THOMAS OLDEN . On 14th Aug. I was at the Crown public house, in Brentford-road, which is kept by Mrs. Drewett—the prisoner came in and called for 1 1/2 d. worth of spruce—he gave her a bad shilling—she took it off the counter and took the spruce from him directly—she told him the shilling was bad—the prisoner told her she must give it him back, or he would charge her with the police—she would not—she put it on a little table in the bar parlour—on 23rd Aug. I saw the prisoner again with another person coming towards East Acton—he turned his head from me, when he got close to me; he looked towards the fields—I was passing in my cart, and I stopped my horse and watched him—he and his companion separated near Mr. Lewis' house, the Horse and Groom—the prisoner went in that house, the other man went down the green—I did not see them together again—I went and told the barmaid, and I went away about my business.
CHARLOTTE DREWETT . My husband keeps the Crown public house, in Brentford-road. On 14th Aug. the prisoner came and asked for 1 1/2 d. worth of spruce—he laid a bad shilling on the counter—I told him so—he said it was not—he asked me to give it him back, which I refused—he said he would send a friend of his—I told him to send a friend and a policeman, and I would give it up—I took it from the counter in his presence, and the glass of spruce—I laid the shilling on a small table in the bar—I marked it, and should know it again—this is it.
Prisoner. I asked you to detect it, and asked you to give it to me back.
Witness. You followed me to the kitchen door, and begged me to give it you back—I ordered you out of the house.
MARGARET MILLS . I am the niece of Samuel Mills, who keeps the Horse and Groom—I serve for him. On 23rd Aug. the prisoner and another person stopped opposite the house—the prisoner came in for 1 1/2 d. worth of peppermint—I served him—he offered me in payment a bad shilling—I thought it was bad—I took it to my uncle—he tested it, and gave it me back again—it was not out of my sight—I noticed when I got it back from him the marks he had made on it—this is it—when I got it from the prisoner it was quite perfect—I told the prisoner he had given me a bad shilling—he said if I would give it him back he would give me a good half crown—I gave it him, and he gave me a good half crown—he left, and I watched him down the village as far as Mr. Englehart's house, and there I distinctly saw him throw something into the palings—I mentioned that to the constable—after the prisoner was gone, the other man who had been with him came in the house, and had a glass of porter, which he gave me a penny for—he then went down the village, the same way the prisoner did.
Prisoner. Q. I gave you a shilling, and did you not say, "I will send out for change?" A. No; I said no such thing—I went in the garden, and showed the shilling to my uncle—I afterwards saw you throw it away.
HENRY BAYLEY (policeman, T 250). I took the prisoner on 23rd Aug.—he was with another man, about 300 yards from the Horse and Groom—I took the prisoner to that house, and the last witness gave him in charge—in consequence of what she said I went and looked in a garden, where I found this shilling, which she has identified—I asked the prisoner his address—he said "No. 104, East-lane, Walworth"—I told the prisoner there was no such place nor number—he said, "Well, if I do not live there, I live somewhere else."
Prisoner. I told you if it was not 104, it must have been 14.
GUILTY . Aged 29.— Confined Six Months.
MESSRS. ELLIS and LILLEY conducted the Prosecution.
JAMES DOWLING . I am a lodging house keeper, at 11, Great Earl-street, Seven Dials. On Friday, 3rd September, about 9 o'clock at night, the prisoner came to my door, and asked for a lodging—I agreed to let her one—she was to pay sixpence for it, and she handed a shilling to my wife in my presence—my wife gave her change in my presence—I took the shilling directly from my wife's hand—I brought it to the gas, and said, "This is a bad shilling"—I looked after the prisoner directly, but I could not find her—she was away—she came back again in half an hour—I wanted to take her then, and she ran away—when I let lodgings the lodgers pay beforehand—the shilling was in my possession till the policeman got it—it was broken in two pieces by Mr. Collins in the next house in my presence, but it was not out of my sight—the prisoner had come back again before the shilling was broken.
BARNABAS ALDERMAN (policeman, F 128). The prisoner was given into my custody on the 3rd of Sept.—I saw her in an empty room at the top of a house in Queen-street, Seven-dials—she appeared intoxicated—I took her to the witness's house, who declined charging her, and then she walked away as well as I could walk—I got this shilling which is broken, from Mr. Collins—Dowling was standing at the door when Collins gave it me.
MR. ELLIS, to JAMES DOWLING. Q. Who gave the shilling to the policeman? A. I gave it him—I laid it on the counter, and he took it up.
COURT. Q. Did you give the shilling to Collins? A. I did—I laid it on the counter—it was the shilling my wife gave me—I saw Collins take that same shilling up—I saw the policeman take it up—it was the same my wife gave me, and I gave to Collins.
SUSANNAH WYLLEY . I am the wife of Henry Edward Wylley, who keeps the White Horse, in Princes-street, Leicester-square. On Tuesday, 7th Sept., about half past 3 o'clock in the afternoon, the prisoner came and asked for a quartern of gin—she wished it to be put in a bottle—I served her with it, but I did not allow her to take it away—she tendered in payment a half crown—I tried it in the detector—I told her it was bad—she said it was not—she wished me to give her a portion of it back—I had not broken it, but I had bent it—I would not—she abused me very much—I told her to go away—she went out, and came back, and then abused me—I sent for a policeman, and she was given in custody—I gave the half crown to the policeman—I had been in the room where it was, the whole of that time, and am quite sure it was the same half crown I had received from the prisoner—no one but myself had been in the bar—this is it.
GUILTY . Aged 38.— Confined Six Months.
MESSRS. ELLIS and LILLEY conducted the Prosecution.
MARY ANN HERRING . I am barmaid, at the Griffin, in Newcastle-street, Strand. Some time in Aug. I saw the prisoner at the Griffin—he asked for a pint of porter—I served him—it came to 2d.—he gave me a shilling—I tried it in the detector; I broke it in pieces, and in my passion I threw it at him, and told him it was bad—he ran out—he had drank part of the beer, but he did not pay for it—on Wednesday, 8th Sept., between 1 and 2 o'clock, he came again and asked for a glass of gin—I served him—it came to 2d.—he tendered a shilling—I tried it in the detector, and broke it in two pieces; I told him it was bad—he stood looking for a little while, and said he had not got another—I said he must pay for it, and then I called the old gentleman—the prisoner put the shilling into his mouth and was going to swallow it, and the old gentleman (Mr. Ashby) caught hold of his throat in my presence—he knocked the money out of his mouth—Mr. Ashby picked it up and gave it to the policeman—these are the pieces that I broke in the detector, and what the prisoner put in his mouth.
Prisoner. Q. You say I called for a pint of porter when I first came; can you tell me the day of the week it was? A. No, I cannot.
MR. LILLEY. Q. Are you able to say, positively, whether it was in the month of Aug., or not? A. I cannot say; it was more than three weeks before 8th Sept.
HENRY ASHBY . I lodge at the Griffin. I was sitting in front of the bar when the prisoner called for what he required—I saw this young woman disputing with him about the coin—she seemed to be very vexed, and I think she threw the coin on the counter—I went and said to the prisoner, "This is too bad to attempt to pass bad money"—after the shilling had been broken, he attempted to swallow it—I will not swear that I saw him put it into his mouth, but I was told that he was going to swallow it—I took him by the
throat and put him against the counter, and the shilling was thrown away—it was picked up and given to me—I will not be on my oath that I saw the pieces come from his mouth—they were given to the policeman.
Prisoner. Q. Did not you knock my head against the counter, and a baker knocked my hand and knocked the money out? A. You attempted to struggle with me, but I got the mastery of you—my wife was behind the bar, and she made the remark that she had seen you repeatedly there—you said, "Do you think I was going to swallow that?"
COURT. Q. Did you see the pieces fall? A. Yes: they called out, "He is going to swallow them," and I saw them come in a direction from his mouth.
THOMAS MOORE (police sergeant, F 47). On 8th Sept. I was called to the Griffin, and took the prisoner into custody—I searched him, and found on him one duplicate—I received this bad shilling, broken in half, from Mr. Ashby—I asked the prisoner if he had got any more money with him—he said no; he said a gentleman had given him the shilling a little time before for carrying something in the Strand.
Prisoner's Defence. I was going up the Strand to look for employment, and a gentleman asked me to carry a box; I carried it for him; he gave me a shilling; I went in that house for a glass of gin; she told me it was bad; I told her where I got it from, and I was very sorry for it: she said, "You must pay me for the liquor;" I said I had no more money, and the policeman took me t the station.
JURY to MARY ANN HERRING. Q. Are you quite sure that the man who uttered the money the first time was the same that uttered the money the last time? A. Yes; I can say that on my oath—I had not known him before—I cannot say whether he had the same dress on—I knew his face.
GUILTY . Aged 25.— Confined Six Months.
NOT GUILTY .
OLD COURT.—Wednesday, September 22, 1852.
PRESENT—The Rt. Hon. the LORD MAYOR; Mr. BARON MARTIN; Mr. JUSTICE CROMPTON; Mr. Ald. KELLY; Mr. Ald. FARNCOMB; and Mr. COMMON SERJEANT.
Before Mr. Baron Martin, and the Third Jury.
898. THEOBALD PHILIP BUTLER , stealing, whilst employed in the Post-office, 5 post letters, containing a half sovereign and other articles; the property of Her Majesty's Postmaster General: to which he pleaded
GUILTY . Aged 32.— Transported for Ten Years.
GUILTY . Aged 34.— Confined Eighteen Months.
(There was another indictment against the prisoner for felony, upon which no evidence was offered.)
MR. RYLAND conducted the Prosecution.
MARY ANN KNIGHT . I am the prisoner's wife, we lived at 2, Brooks'-gardens, St. Pancras. This occurred on Monday morning, 16th Aug.—we had gone to bed as usual on the Sunday night—about 12 o'clock at night he said he must pray, that he had got but an hour to live, and he got out of bed and prayed till about 2 in the morning—I said to him, "If you wish to pray, I will not prevent you from getting up, Knight"—I begged of him to lay still, but he got out, and remained out until near 2, praying—I then asked him to come to bed—he still said he must pray—he went downstairs, he said he was going down to the closet, which I believe he did; he came up again in a few minutes and got into bed, and laid till about 5—he then got up, and said he must dress himself—I asked him not, I said it was too early to dress himself—he said he would light a fire and make me my breakfast which he was always in the habit of doing, I having the rheumatic gout so bad—I never get up till 11, and every day he always made my breakfast for me, and waited on me—he stood for some time with his back towards the fireplace—I still asked him to come to bed, as it was very early in the morning, it was too soon to get up to his work—he said he would light a fire—I saw him standing with his back towards the fireplace, when I felt a blow on my head—I was still in bed—he was about two yards from me—the blow caught me on the side of my head; he made a dart from the fireplace to the bed, but he had not said anything to me—I saw nothing in his hand, but I afterwards found this ball (produced) lying in the bed beside me—it is part of a chimney ornament—we had had it in the place for years, it was kept on a table by the side of the bed—after receiving the blow I got out of bed, and tried to get towards the room door, when I recollect his following me, and seeing a knife in his hand—I do not recollect his stabbing me in the room, a little girl of mine unlocked the door, and I got on to the landing; he followed me on to the landing, and I then recollect his using the knife—I was very faint from the blow I had received, but I have a recollection of feeling it in my shoulders, as if I was stabbed—I bled a good deal—I felt very faint—I had struggled a good deal, and I am very much afflicted with the gout—I had had a struggle with the prisoner in the room—that was after I had got out of bed, and as I was going towards the door—when I was on the landing, I recollect Mr. Green's room door opening, and seeing Mr. Green and his daughter standing there—they lodged in the next room—I do not recollect whether they came to my help; I recollect seeing the door open, and them both standing there, and the door directly closed—I called out, "For God's sake fetch a doctor!"—my husband ran downstairs—the next thing I recollect was, that I was on the bed—Mr. Brown, a medical man, attended me.
Prisoner. I do not wish to ask her any questions; the agitation I was in was the cause of it; I had no ill will against her; I had been very much troubled all night with visions, and one thing and another, which I fancied I had seen, through being on the drink for eight or nine days; I did it with no intent to murder her, or anything of the sort.
COURT. Q. What time did you go to bed? A. About 11 o'clock that night, and soon after we were in bed he said he had had a warning, and he must get up and pray—he had not said anything of that kind to me before he went to bed—we had been very comfortable all day, and had dinner as usual—in the course of the night he said he had heard Mr. Green say that he was going to be married to me, and he was to have 20l., and that I was going to
Church next morning—I said, "Knight, you know you are wrong, I never spoke to Mr. Green—the prisoner has behaved with the greatest kindness to me, except when he has had the drink—he has waited on me with the greatest kindness.
Q. Was this the first time that anything of this sort had happened? A. It was not quite the first time, but I was not seriously hurt before, and he was in liquor when he did it—this was the first time of anything serious, nothing more than usual between man and wife.
EDWARD JOHN GREEN . On 16th Aug. I was lodging at 2, Brookes-gardens, in the next room to the prisoner and his wife—on the morning in question I was awoke between 5 and 6 o'clock, by loud cries of "Murder!"—I listened for a moment, and found they came from their room—I immediately went to their room, and knocked at the door—the door was shut, the little girl came to the door and opened it—I did not go in—I saw the prisoner with his wife down on the ground, with her head towards the door, with his two knees on her breast—I said, "For God's sake, Knight, what is the matter?"—he instantly jumped up, and said, "You b—, I will do for you now," taking a weapon from off his bench—I could not observe what sort of weapon it was—he rushed at me, my daughter slammed the door to, as I went back into my own room—he had not the weapon in his hand when he got up from his wife, that I saw—he is a watch finisher by business—the weapon he had was one of those things that he uses in his work, a spikey thing—it was not this knife—I afterwards opened my door again, and he had then got her on the landing between my door and his door, and I saw him stab her three or four times—I saw the weapon he had then—it was this broken knife (produced)—she bled profusely—there was blood on the wall, and floating on the ground—he then went away down the gardens—I called out "Murder!" and Mr. Simpson stopped him.
Prisoner. At the stationhouse Mr. Green was drunk; he could not see what he says he did; he had been threatening to shoot me all night with a pistol, and I was worked up to a state of madness. Witness. There is not the least truth in it.
Prisoner. He said he was to have 4l., and was going to be married to her, and that was the cause of it; the inspector can answer whether he was sober or no. Witness. I had been drinking on the Sunday evening—I was not drunk on the Monday, nor when I was before the Magistrate—I was sober enough at half past five o'clock to see and understand what was done.
HENRY JOHN BROWN . I am a surgeon, and live at 1, Wilmington-square. I was called to the prosecutrix, about 6 o'clock, on the morning of 16th Aug., by Green—I found her on the bed, in a great state of prostration, bleeding, and a quantity of blood about her—on undressing her, I found several wounds about her body and shoulders—there were two wounds on the right side, between the eighth and ninth ribs; one on the right scapula, and another on the left—on the right shoulder there was a wound, and on the third finger of the left hand—there were about seven wounds altogether—she had been bleeding a great deal—there was also a bruise on the head—the stab wounds about the body were very probably made by such a knife as this—the bruise on the head might have been produced by this ball, or a hard substance—some of the wounds were very dangerous—she was under my care a fortnight or three weeks—the danger was that the wounds had penetrated the lungs.
walking, and three or four men were following him—I took him into custody, and took him back to his own room—I there saw his wife bleeding—I asked him what he had done it with—he pointed to this broken knife, which was then lying on the bed—he said, "That is the instrument I did it with"—the other knife was given me by the little girl.
(The prisoner's statement before the Magistrate was read as follows: "I was worked up to a pitch of excitement, and I am sorry for what I have done; I am sorry that I have injured her as I have.")
Prisoner's Defence. I must beg for mercy, as far as can be consistent; I know I have done wrong; I have been in prison now five weeks; we have always lived together very happy and comfortable, and I am very sorry it has happened.
GUILTY of unlawfully Wounding. Aged 50.—Recommended to mercy by the Prosecutrix.— Confined Nine Months.
Before Mr. Justice Crompton.
901. GEORGE WEBB , burglariously breaking and entering the district Church of the Holy Trinity, Kensington, and sacrilegiously stealing therein, 3 table-cloths, 1 pair of candlesticks, 1 communion table cover, 1 pulpit fall, 1 cross, and other articles, value 5l.; the goods of Francis Godrich and another: having been before convicted: to which he pleaded
GUILTY . (See next case.)
902. GEORGE FREEMAN was indicted (with the said GEORGE WEBB , who was not called upon to plead to this indictment, Counsel for the Prosecution intending to call him as a witness) for burglariously breaking and entering the parish Church of Hammersmith, on 21st July, and sacrilegiously stealing therein, 3 surplices, and 4 bottles of wine, value 7l. 10s.; the goods of Edward William Millwood and another: 1 robe, 1 cassock, 1 hood, and 2 scarfs, value 3l.; the goods of James Suffingham Gilborne, clerk: 1 surplice, 1 robe, 1 hood, and 1 scarf, value 4l.; the goods of Frederick Taunton, clerk.
MR. BALLANTINE conducted the Prosecution.
REV. JAMES SUFFINGHAM GILBORNE . I am one of the curates of Hammersmith Church. On Wednesday morning, 21st July, I was at the Church, about 12 o'clock—I was in the vestry-room—the property of the Church and my own was safe there at that time—I received information next day, which led me to the vestry-room—I missed from a cupboard four surplices, two gowns, two hoods, a cassock, and four scarfs—one of the hoods, and three of the scarfs, belonged to me; another scarf, a hood, and a surplice, belonged to the Rev. Frederick Taunton.
JOHN THORNINGLOW FOWELL . I am clerk of Hammersmith parish Church. On 21st July, after the service was over, I doubled the things up, and put them into the drawer, in the usual way, but I did not lock them up—I locked the iron chest up, and the cupboard, which contained the books, and the wine which was used for Sacramental purposes—I left the Church between 12 and 1 on the Wednesday, and went again about 5 the followiug day—I found the cupboard had been broken open, and about four bottles of wine were gone, and the articles mentioned by Mr. Gilborne also—I gave information to the churchwardens—the iron chest was not broken open—that only contained the register books—the Church is named St. Paul's, Hammersmith, but the parish is Hammersmith parish.
I recollect the 21st July—I have known the prisoner Freeman about two months—I knew him by the name of Long Bill—I was not with him on 21st July at all—I was at Hammersmith on the 21st July—I do not exactly know the day of the month—it was on a Tuesday.
Q. Was it on a Tuesday or a Wednesday? A. It was on a Wednesday, it was about 11 o'clock—I was in company with the prisoner in the evening—I had met him in the Borough by arrangement, about 7 in the evening, and we walked to Hammersmith—we had some conversation about what we were going to do—we had arranged to break into this Church—and there was nothing more said than that we intended to enter the Church to bring away what we could—we arrived at the Church about 11, and got into the Church by getting through the window on the north, next the door—we got through the bar—there are iron bars—I got through first—I had to bend one of the bars with my hands—Long Bill got in after me—we both had our shoes off—we went into the vestry and took four surplices, and two bottles of wine—we drank some wine—we remained in the Church till half past 5 in the morning, and then left by the door at the other side, which was bolted, but not locked—we then came into the Borough—I carried the things which were in a bag, part of the way—Long Bill took the things away and sold them, but I was not present—he gave me 30s.—he did not tell me who he had sold them to.
COURT. Q. How many Churches had you been robbing? A. That was the first; I robbed two others afterwards—I mentioned Long Bill's name to Miller when I spoke to him—I had robbed the two other Churches before I spoke to Miller—I understood that inquiries were being made after the thieves—I told Miller of the other two Churches, and of the circumstances of the robbery—Chapman is the officer I spoke to, and afterwards to Miller.
JOHN CHAPMAN (policeman, C 52). On 31st July I was on duty in Piccadilly; Webb came up to me—I did not know him before—in consequence of what he said to me, I took him to the Vine-street station, and left him there.
GEORGE MILLER (policeman, T 46). The prisoner Webb was sent to the Hammersmith station, where I was on duty—on Sunday, 1st Aug. he made a communication to me—he mentioned a name, and gave me a description of a person which I communicated to Meek, another constable—I had examined Hammersmith Church before Webb was in custody, and I did afterwards—I examined the windows, on the north side, where there are some bars, one of which was a little bent—I had not noticed that before I received Webb's communication.
JOHN MEEK (policeman, M 48). I received a description of a person named Long Bill—I knew him—Freeman is the man—on 27th Aug. I saw him in the Mint, which leads into High-street, Borough—he was in company with five or six others—he saw me, walked away, and I followed him to Southwark-bridge-road, and said, "Bill, I want you"—he turned round and said, "So help me God, I am innocent"—I said, "Of what? innocent of what?" he said, "Why the job at the Church"—"I did not mention the Church," I said, "but that is just what I want you for"—after taking him to our station, I took him to the station at Hammersmith—on the way there he said if he could get at Webb he would be hung for him, at Horsemonger-lane—the idea of his spirting up a job with him at the Church, and then cratting on him, and he might as well be settled for this job, as at some future time.
Freeman. I declare to God I never said anything of the sort.
COURT. Q. You had heard of these robberies before? A. Yes; Webb had been in custody three weeks, I think.
PATRICK DOLAN . I am a labouring man. I was in the employ of Mr. Jessop—I stole some of his potatoes, and was sent by Mr. Painter, the Magistrate, for fourteen days to Hammersmith station, and put into the cell there—I was not to be imprisoned there, but was put there in the interval—the prisoner was in the cell there, and asked me how much I had got—I said I had got fourteen days—he said he wished he had got fourteen months to get rid of his concern—he was walking about the cell, and went to the hole in the cell door—I asked him what he was up to; what he meant to do—he said there were several cases against him; one for breaking a Church—I asked him if he was guilty of it—he said he was, and he said he was as reconciled to go now as to wait—he told a woman who was in cell to go to George Greenwood—he said that one of his mates had turned over him, and if he had the b—there he would cut his b—head off—I am sure he said one of his mates—I did not know him before—I did not hear all he said to the woman.
Prisoner. I deny it.
FRANCES DOWLING . I am single. On Saturday, 28th Aug. I had the misfortune to be drunk, and was fined 5s., or to be imprisoned ten days if I could not pay it—before the 5s. was paid I went to the cells under the Court—the prisoner was there—I had heard him speak when he was before the Magistrate—when we were downstairs I was in the next cell to him, and there is a grating between the cells under the seat, which is against the wall, and the prisoner spoke to me through the grating—I did not know him before—he said, "How long have you got"—I told him ten days or 5s. and asked him what he was there for, he made no reply—I then asked him how long he had got, and he said he was remanded for a week—I said, what was it for?—he said, "For breaking into Hammersmith Church"—I asked him if there was any one else with him—he said there was another one, but he had given himself up in London; he had turned round on him, and told all about it—I asked him where he lived—he said in Mint-street, in the Borough, at a chandler's shop, and the man at the chandler's shop had stood fence for him during the last summer and winter—I asked him if he had got the things on him when he was taken—he said, no they were put away clean enough—I asked him how he came to be taken—he said he saw the policeman standing and speaking to the man at the chandler's shop, in Mint-street, and he believed the man had told the policeman who he was, and the b—fool that turned round had even told that they drunk wine in the Church, and that he wondered at that as "We have opened several churches and chapels round London since Christmas"—he said to me" Do you think you will get out?"—I said, "Yes"—he said, "Act as a friend and go to No. 10, Mint-street," or "Kent-street, and tell Cornelius Grimwood to come and see me, and tell the other man and woman to keep out of the way."
COURT. Q. How do you get your living? A. I work at cleaning at St. Pete's-square, Turnham-green, and sometimes in the garden ground—this was the first time I had been before a Magistrate—I first mentioned this on 28th Aug., the next day—I told Mr. Painter, the Magistrate—I had told the turnkey of the cells—he had heard me speaking to the prisoner, but did not know what it was, and when he let me out he inquired of me about it, and I told him—I do not know his name—he afterwards took me to Miller.
JOHN MEEK , re-examined. I know a person of the name of Cornelius Grimwood, living at 10, Mint-street, Borough. I did not speak to any one at a chandler's shop before I took the prisoner—I know the chandler's shop the last witness speaks of—I was three doors from it when I first saw the prisoner—the chandler's shop is near Harrow-street; it is No. 10, Mint-street—Mr. Amsden lives there.
GEORGE MILLER , re-examined. Dowling was brought to me by the gaoler; she made a communication to me, and I summoned her to the next examination of the prisoners, and the depositions were taken against both prisoners—Freeman was committed last Saturday.
Freeman. I have nothing to say.
JURY to FRANCES DOWLING. Q. Did you have any inducement held out to you to come into Court to speak anything? A. No, not at all; I have not been tutored by any person—I spoke to no person about the case till I spoke to the turnkey—they asked me about it first.
FREEMAN— GUILTY .— Transported for Seven Years.
WEBB— GUILTY .— Confined Twelve Months.
Before Mr. Baron Martin and the Fourth Jury.
MR. RYLAND conducted the Prosecution.
JOHN BARTLETT . I am employed in the General Post Office, and live at Dalston. On Thursday evening, 2nd Sept., I was in Tabernacle-walk, Hoxton—I saw a boy running, pursued by a man in a butcher's dress—I do not recognize the prisoner as being the man, only by his height and appearance—I could not see his features—the boy ran about six or eight yards before the man overtook him—he then slid himself on the pavement close to the wall, and the man came up and gave him a slap on the head—the boy said something, and he gave him another, and the boy laid himself on his side—the man hit him first on the left side of his head with his open hand, and then on the other side—several people came round, spoke to the butcher, and requested him not to go away, as it appeared he had hurt the boy, but he went—the policeman came up, and I, supposing there could be nothing the matter, went on—I did say to a person standing by, "You had better have him removed to the other side, for I believe the boy is merely imposing on the public, to get the sympathy of the passers by"—that was my impression, or I should have stopped to see the result; I thought the boy was shamming.
Cross-examined by MR. BALLANTINE. Q. You speak of a blow, it was a box on the ears, was it not? A. Yes; the first was on the head, and the other a little lower—his hand was open; it was not a violent blow—he did not appear at all excited, and I did not hear any bad language used—the boy did not stumble before the prisoner boxed his ears, but he sat down on purpose—he did not sit down suddenly, in a way to shake himself—I did not see his head knock against the wall—I cannot say whether it did or not—it was rather a dark place.
SARAH HIGGINS . On the evening of 2nd Sept. I was in Tabernacle-walk, and saw the boy running, and the prisoner after him—I saw him follow him across the road for about twenty yards, as near as I can say; at the end of those twenty yards the prisoner overtook the boy, and hit him on the right side of the head, and with that the boy leaned towards the wall, and laid himself down on his left side—I only saw one blow—I should say that hit him at the side of the ear—I did not think anything about it, and went away—I have known the prisoner by sight.
Cross-examined. Q. It was a very slight blow? A. Very slight indeed.
WILLIAM GREENWOOD . On this evening I saw the boy running, and the prisoner after him—when he overtook the boy he boxed his ears on both sides—the boy sat down on the pavement against the wall—I heard some words pass between them, but what it was I cannot tell—I showed the policeman where the prisoner lived.
JOHN IRELAND . I am a surgeon. The boy was brought to me; he was collapsed and in a dying state—I administered stimulants, and did what I could for him—he lived not more than five minutes—I afterwards, in conjunction with another gentleman, made a post-mortem examination—there was nothing about the body to cause death, but a rupture of a vessel in the base of the skull—the blood vessels of the brain were turgid, and the consequent effusion of blood was the cause of death—there were no external marks nor anything unhealthy internally—I have heard of the blows the deceased received, they might have produced such an injury—I believe a blow was the cause of the rupture of the vessels.
Cross-examined. Q. Do you mean to say a vessel of the brain could be ruptured by any blow that would leave no external mark? A. Yes, when there is considerable effusion of blood immediately—there was no extravasated blood, it was fluid—I never met with a case before where there was a vessel ruptured by a blow which left no external mark, but I have heard of such a thing—the boy was not so old as fifteen or sixteen—he was a boy of general good health, not of a particularly full habit of body—I did not see anything in the internal organization of this vessel to rupture it easily—it was the artery leading to the brain on the right side—that was the only artery which was ruptured—a shake would not cause the rupture so easily as a blow—in consequence of the rupture there was no external mark—supposing the boy was running very fast, and suddenly dropped down, that would be very likely to cause the rupture.
JOHN COURTENAY . I am a surgeon. I assisted at the post mortem examination—I have heard what Mr. Ireland has stated, and agree with him—in my judgment the cause of death was a rupture of a vessel at the side of the brain, leading to the membranes of the brain on the right side—I have heard the description of the blow inflicted—I think such a blow would cause death.
COURT. Q. Is it your judgment that it did arise from this blow to the head? A. I believe so.
Cross-examined. Q. You seriously believe that boxing a person's face is extremely dangerous? A. Not boxing the face; boxing behind the ear over the seat of that vessel—there was no external mark—vessels are not frequently ruptured by excitement—a sudden jar may do it—if a person were running, and suddenly dropped down, that would not rupture a vessel unless it was previously diseased—I did not understand Mr. Ireland to say so—I have met with a ruptured vessel from a box on the ear in this way, and found no mark outside.
Cross-examined. Q. In whose service was he? A. Mr. Pearson's, of Tabernacle-walk—I do not know whether Mr. Pearson is here.
NOT GUILTY .
(MR. BARON MARTIN, upon reading the depositions, was of opinion that there was no evidence to support this charge.)
NOT GUILTY .
(The prisoners were directed to be detained, and an indictment preferred for an assault.—See New Court, Friday.)
MR. CAARTEEN conducted the Prosecution.
JAMES WILLIAM DOWSE . I am a labourer, and live at 3, Paul-street, Portman-market. On Wednesday night, 18th Aug., I was at Marylebone Theatre with a friend, John Place—we left at about twenty minutes to 10 o'clock, and went to the Champion public house, about 150 yards off—when we got to the public house I saw the prisoners there—I had seen them about there frequently before—I had known them by sight about two years—I recognized them at the Champion as persons with whom I was acquainted—Sheen asked me if I was going to stand any beer—I stood some, of which he partook, and Palmer, and my friend—we remained there five or ten minutes, and then me, Place, and Sheen returned to the theatre, leaving Palmer sitting in the public house—we all three returned to the public house in about three quarters of an hour, and found Palmer there—we had some beer, and all four remained five or ten minutes, and then Place, Sheen, and me went back to the theatre—we remained there about an hour and a half, when we three left together, and went again to the Champion—Palmer was still there—we remained about ten minutes, and then me and Place left to go home—Sheen came out with us as well—I do not know what became of Palmer; we left him in the public house—it was about ten minutes to 1 when we left—we all three went up Salisbury-street, in which street the Champion is—Sheen left us in Salisbury-street, and me and Place went up Little Church-street, which is a continuation of Salisbury-street—when we had got a short distance Sheen returned, and asked me if I was coming—I do not know what he meant by that—I and Place continued along Church-street, and Sheen returned a second time and said the same—I parted from Place at the corner of Exeter-street and Little Church-street, and he went down Exeter-street, and I turned back in Little Church-street towards my home—I had been going away from home before—I saw Sheen at the corner of Exeter-street and Little Church-street—I was on one side and they were on the other—Sheen did not follow me—he caught hold of me as soon as I turned round—he was about five or six yards from me when I first saw him after I had left Place—he came right in front of me, and put both his hands in my neckcloth—I fell on my back on the ground from the effect of his strangling me, and while I was on the ground I saw Palmer—I had seen them both together shortly before at the corner of Little Exeter-street—Palmer was about five or six yards off when Sheen assaulted me—while I was on the ground Palmer took my purse and money out of my right hand trousers pocket—it was a leather purse, and contained 10s. in gold, a 5s.-piece, 2s., and two duplicates—while Palmer took my purse out Sheen was holding me down by the neck—they then ran away—I got up, walked into Earl-street, and there met Clark the policeman, and returned with him into Church-street to the Sailor public house, where we found Sheen in the road, and I gave him into custody—there was a horse and chaise there.
Cross-examined by MR. SLEIGH. Q. Was not Sheen holding the horse? A. I cannot say about that—I think he was standing by its head—I suppose
he was minding the horse—I am not in the habit of frequenting this public house—I had been there once before this night—this was the first time I had ever drunk with Sheen—Place is not here to-day—there was no one else drinking with us—there was no other man or woman talking to us—I swear there was no woman talking to us at the Champion—I had been to the theatre before I went the first time to the Champion, which was at about twenty minutes to 10—we went to the theatre at about half past six, and first left when the first piece was over, about half past 9, I suppose—I stayed in the theatre from half past 6 till half past nine without coming out—I had not been to any public house before going to the theatre—there was no disturbance in the theatre between me and a person there—there was no row in which I took part, neither me nor my friend—when we got back at first the curtain had been drawn up, and the performance was going on—we did not find that some persons had taken what we called our seat—we had no altercation with any person there about the seat we had left—we stayed at the public house about five minutes the first time—we had some gin—there was no woman there drinking gin with us—this is the first time I have ever appeared in a court of justice, either as witness or in any other character—I swear that—I have been here as a witness once before, not in any other character—I swear I have not been tried for any offence—I never had anything to do with a robbery on the Great Western Railway—I was never tried for it—I swear that—this robbery took place somewhere about 1 in the morning—the second visit to the public house was about three quarters of an hour after the first, past 11—the performance was over at about half past twelve—we had some beer at the second visit to the public house—nothing else, and nothing at all the third time—I only took a drop of beer on each of those occasions—I did not drink anything to make me at all intoxicated—I was not intoxicated—I was as sober as I am now—I live at my father's house, 3, Paul-street, Portman-market—I had not parted from my friend a moment when Sheen came up to me—I cannot say whether my friend was out of sight—I did not scream out the moment I was throttled; I could not—Sheen's fist completely prevented me from screaming—it is dark at the corner where I parted from my friend—there is no lamp there—I had gone a step or two when I was assaulted—there was no lamp where I was assaulted—all the time Palmer was rifling my pockets Sheen was holding me violently down, throttling me—this happened about 1, and we had left the Champion at about half past 12—I did not look at the clock when I left the Champion—I imagine it was half past twelve from the time I stopped in there, and the time I came out of the theatre—I saw Hobbs, the policeman, about fire minutes after the occurrence—if any one says I was drunk, or even fresh, it is false.
Palmer. Q. When you first came into the Champion, who came in with you? A. Place; no one else came—Clancey or his wife did not come—when I gave my evidence at the office, I said there was a crown piece in the purse—I did not swear there were two half crowns—a person named Flaxan was not with me—I have known you by sight by your being about there for two or three years.
JAMES CLARK (policeman, 268). I was on duty on Thursday morning, 19th Aug. About 1 o'clock the prosecutor came to me in Earl-street, Lisson-grove, which is sixty or seventy yards from Little Church-street—he was not drunk, but he had been drinking—he was very much excited; I should say the excitement was from illusage—he showed me his neck, and there were red marks on it as if from pressure—he was crying—he made a
complaint to me, and I went with him to the Sailor public house, near where I saw Sheen holding a horse and chaise—I laid hold of him, and asked the prosecutor if he was either of the men that had ill used him—he said, "Yes; that is the man that laid hold of me while Buss Palmer picked my pocket"—I took him into custody, and gave him to another constable while I called the prosecutor, who was looking in the public house to see if he could see either of the prisoners—I took him to the station—he was very violent all the way, and I had to put handcuffs on him.
Cross-examined by MR. SLEIGH. Q. I believe there was no money found on him? A. No; I had him in custody before the prosecutor knew it—I then gave him to another constable, called the prosecutor out, and asked him if he was one of the men—the prosecutor was rather fresh, but he was sober—his appearance rendered it manifest that he had been drinking.
MR. CAARTEEN. Q. How came you to take Sheen before the prosecutor saw him? A. From the description the prosecutor had given me of him.
PETER HOBBS (policeman, D 261). On Friday, 20th, about half past 1 o'clock, I took Palmer into custody in Great York-mews, and told him I wanted him for robbing a man at the corner of Little Church-street, in Exeter-street, Lisson-grove—he said, "So help me God, I am innocent! I know nothing about it."
WILLIAM MARKS . I am a horsekeeper, and live at 25, Little Church-street. On Wednesday, 18th Aug., I was in Little Church-street all the evening, waiting for Mr. Harwood coming from the play to take his chaise away—about 20 minutes to 1 o'clock, as near as I can say, I saw the prisoners and another person, who I have not seen since, in Little Church-street—they were all three walking abreast up the street towards Exeter-street—I saw a scuffle between the prisoners and some one else inside against the post; I cannot say who it was with, and two or three minutes after, Dowse, the prosecutor, came down and fell at our feet—Clements, my fellow servant, was with me—we were nineteen or twenty yards from where the scuffle was—Dowse was sober—his eyeballs were ready to start out of his head when he fell down, and a person said, "Let him lie, he is drunk," and four or five minutes after he got up, and said, "I am not drunk; I have been robbed of 17s."—I had known the prisoners, I suppose three or four months, by going to the public house to have a pint of beer after my work, and have seen them there—after the scuffle, the prisoners disappeared in a very mysterious manner—I could not see which way they did go—I went up to see which way they did go—I am rather lame, and cannot go so fast as some people—I cannot say whether they ran or not—I walked towards the spot, but could see nothing of them.
Cross-examined. Q. Do I understand you saw the prisoners and some other persons scuffling together? A. Yes; it did not last above two or three minutes—I did not see whether any of them fell down—I was about twenty yards off—I stood looking at the scuffle, I thought it was a lark—Dowse was in the scuffle, because we could see him come away from there—I never saw him before—I could not tell that he was the person they were scuffling with—he came from that direction, and in about two minutes, or a minute and a half after, the parties disappeared—it happened right at the corner—I consider Dowse was perfectly sober—he did not manifest that he was at all fresh.
RICHARD CLEMENTS . I am a horsekeeper, and live at 30, Sandford-street, Marylebone. On the night in question, about 10 minutes or a quarter to 1 o'clock, I was in Church-street with the last witness—I was putting the
horse to the chaise, and saw the two prisoners and another party with them going up the street—I did not know the third person—they went towards Exeter-street—I saw a scuffle take place between them; I thought they were larking with each other—I could not see whether the party they were scuffling with was the same person who had passed—after the scuffle the two prisoners walked away—I can say they are the persons, but I cannot say who the person was they were scuffling with—I saw the prosecutor come staggering along the wall, and he fell at my feet as I was putting the horse to—he came from the direction of the struggle—I did not see what became of the third man—Dowse was between fifteen and sixteen yards off when I first saw him—when I first saw him he was near the place where the scuffle took place—he came to me from that direction—he came struggling along by my mate's stable door and fell down at my feet, and his eyes seemed bolting out of his head—he was perfectly sober—he made a complaint to me—he afterwards went crying down Church-street—I saw Sheen in custody in about ten minutes—I had known the prisoners before, Palmer ever since Christmas twelvemonths, and Sheen very nearly a year.
(Palmer was further charged with having been before convicted.)
JOHN CUTTING (policeman, B 235). I produce a certificate (read: "John Palmer, convicted at Clerkenwell, of larceny in May, 1847; Confined six months")—I was present at his trial—he is the person—I have known him from a child as a regular bad character, one of the worst we have got.
(Sheen received a good character.)
PALMER— GUILTY . Aged 22.— Transported for Seven Years.
SHEEN— GUILTY . Aged 19.— Confined Twelve Months.
GUILTY . Aged 34.— Confined Two Years.
NEW COURT.—Wednesday, Sept,. 22nd, 1852.
PRESENT—MR. JUSTICE CROMPTON; Mr. Ald. KELLY; Sir JOHN CARROLL, Knt., Ald.; Mr. RECORDER; Sir ROBERT WALTER CARDEN, Knt., Ald.; and Mr. Ald. SALOMANS.
Before Mr. Recorder, and the Fifth Jury.
DOWDING pleaded GUILTY .
CLOUTT pleaded GUILTY .
Confined Two Months.
THIRD COURT.—Wednesday, Sept. 22nd, 1852.
PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY . Aged 22.— Confined Twelve Months.
GUILTY .*— Confined Twelve Months.
910. GEORGE COTTELL , embezzling 8d., and 8l., also 8d., and 8d., also 8l., and 8l., and 8d., also stealing 5 half sovereigns, and 3l. in money; the moneys of James Ashton Baker, his master: to all of which he pleaded
GUILTY . Aged 43.— Confined Twelve Months.
(There was another indictment against the prisoner.)
GUILTY . Aged 24.—Recommended to mercy by the Prosecutor. Confined Six Months.
(There was another indcitment against the prisoner.)
MESSRS. ELLIS and LILLEY conducted the Prosecution.
WILLIAM BROWN (policeman, H, 111). I apprehended the prisoner on 7th September, searched him, and found on him 9s. 6d. in silver, 5d. in copper, and this key (produced)—I asked him what key it was—he told me it was the key of his room; and he gave his address, 13, Lower Grove-street—I went there, but found that he did not reside there—I then went to 13. Upper Grove-street, and found that this key opened the top room there—I searched the room, and on the mantelshelf found this bad half sovereign in a piece of paper—in another piece of paper there were two bad shillings; and in another, this bad half crown (produced)—in the cupboard I found this ladle, which appears to have had metal in it, these two pieces of plaster of Paris, some metal, and some pieces of wire (produced)—there is no impression on the plaster—I cannot say whether it is intended for a mould or not—I showed them to Richard William Baker, who lives in the same house, and was in the room at the time—I showed them to the prisoner at the police court, and told him where I had found them—he said he knew nothing about them, some one else must have put them there.
Cross-examined by MR. PAYNE. Q. I think you said Baker was in the room at the time? A. No; he was downstairs when I showed them to him—he is not here to-day, his wife is—I did not try this key to any other of the doors in the house—it is a very common door key—Lower, Middle, and Upper Grove-street are all in a line; and the names are written up—the cupboard was not locked.
Cross-examined. Q. What is your husband? A. A labourer; he has had regular work for five years—the policeman did not come into our room; but, hearing him come, my husband went up to see what was the matter.
MR. LILLEY. Q. Did you see your husband go? A. Yes; the prisoner and his wife occupied this top room—they have lived there twelve or thirteen months, but the wife has not been there for six or seven weeks.
These coins are all counterfeit, and the metal found is the same as that of which the coins are made—these are connecting wires of a battery, and this plaster is an unfinished mould, or pattern for a mould, for casting.
GUILTY . Aged 32.— Confined Eighteen Months.
NOT GUILTY .
MESSRS. ELLIS and LILLEY conducted the Prosecution.
HENRY ALEXANDER . I am a confectioner, at 134, Bishopsgate-street Without. On 30th August, about half past 12 o'clock, the prisoner came to my shop, asked for sixpenny worth of biscuits, and gave me a 5s. piece in payment—I took it up, and went for change to Mr. Barber, who keeps the Raven, two doors off—he said it was a bad one—I then found it to be bad, and sent for a policeman—I gave the prisoner into custody, and gave the crown to the policeman.
Prisoner. Q. Was it out of your sight? A. No; I did not put it in my pocket when I went out—I had no money in my pocket.
THOMAS BARBER . On 30th August, Mr. Alexander brought me a 5s. piece—I said it was bad, and put it in the detector, and bent it—I followed Mr. Alexander out, and gave it to the policeman Bagg, who marked it in my presence.
DAVID BAGG (City-policeman, 659). The prisoner was given into my custody, on 30th August, at Mr. Alexander's shop, and I received this crown piece (produced)—I took the prisoner to the station, searched him, but found nothing—he was subsequently taken to the Mansion-house—he was remanded, and on the way to the Compter, when about the middle of Newgate-street, he said, "You must have been a d—d fool to have taken me; you should have kept your eyes open, for the swagsman was just outside. I can sleep the time away till to-morrow, and then I shall be turned up"—I had said nothing at all to him—I take swagsman to mean a confederate of smashers, who carries the coin outside—on bringing him next day to the Mansion-house, he asked me if I had seen the solicitor to the Mint—I said I had—he said, "Will he be there?"—I said he would see by-and-bye, and he said, "It will be a case"—he gave me his address, 9, Collingwood-street, Bethnal-green—I made inquiry, and could find no one in the street, who knew him—he also gave me the address of a man he said he had worked for in Ratcliffe Highway—I went there, and no such man was known there.
GUILTY .†Aged 21.— Confined Twelve Months.
GUILTY .—Recommended to mercy by the Prosecutors, who promised to take them again— Confined Seven Days.
where my handkerchief was—I turned round, and saw the prisoner crossing the street—I took hold of his collar, and said, "What have you been doing?"—at the same time a witness, who is here, exclaimed, "He has thrown your handkerchief down;" I saw him pick it up, and he gave it to me—this is it (produced)—it is mine.
Prisoner's Defence. I was in Houndsditch, and saw a young man take the handkerchief; he pitched it into the street, and I took it up.
GUILTY .** Aged 14.— Confined Six Months.
MR. COOPER conducted the Prosecution.
JOHN BACK (City policeman, 620). On 26th Aug., about 8 o'clock in the evening, in consequence of information, I took King into custody, in Aldgate—Smith and another person, who has got away, were with ber—Banyard took Smith—King was carrying in her apron a piece of alpaca, two pieces of silk, three pieces of lace, two pieces of calico, and four shawls—we took them to Mr. Vaughan's, and afterwards to the station.
Cross-examined by MR. PAYNE. Q. I believe Smith had only 2d. and an empty basket? A. That was all.
JOHN BANYARD (City policeman, 562). On 26th Aug., at a little before 8 o'clock, I was on duty in the Minories, and, from information I received, I looked through the window of a public-house, and saw three women sitting there together—the prisoners were two of them—they appeared to be looking at something—I went away a little way—the three women all came Out—I followed them till I got assistance, and then took Smith into custody.
JAMES HANDLEY . I am porter at Mr. Lonsdale's, draper's, 29, Aldgate, which is ten or eleven doors from Mr. Vaughan's. Smith, and the woman who is not here, passed our shop, and looked very hard in—they then went a little way past it, returned, and looked in again—in consequence of that, I went and watched them into Mr. Vaughan's shop—I watched them out—they walked a little way up Aldgate, towards the Minories, and I followed them to a public-house, where they went in—I looked through the door, and saw them pull out what appeared to be the alpaca, and look at it—I then went to Mr. Vaughan's shop, and spoke to Tomlinson—I saw the prisoners taken into custody.
Cross-examined by MR. PAYNE. Q. They looked into your shop? A. Yes; I was standing about halfway up the shop—I was sent out after them by the head shopman—I crossed over to the other side of the way, and peeped into Mr. Vaughan's shop—they were twenty minutes or half an hour in Mr. Vaughan's shop—the door of the public-house where I looked through was partly open—they were sitting on the left hand side—the policeman was looking in at the same time as me—I did not get him.
Cross-examined by MR. O'BRIEN. Q. When you first saw King she was in the public-house? A. Yes; she was in there when I came up, in front of the bar; that is where they were looking at the goods.
BENJAMIN TOMLINSON . I am in the employ of William Abner Vaughan, draper, of 19 and 20, Aldgate. On Thursday evening, 26th Aug., Smith and another woman, who is not here, came into my master's shop—I waited on them—the woman who is not here asked for some calico, which I showed her—she purchased some, and then asked to see some silks—in order to get the silks, I had to go to the show-room upstairs, and I left them by the counter—there was no one but them on that side of the shop—I brought the silks down to them, and showed them to them—they did not purchase any from that lot—I showed them some more, and the other woman purchased two yards of black—while I was serving them, they looked at some alpacas which were on the counter, but did not purchase any—they did not look at any shawls—I recognise this alpaca produced as ours, but I know nothing of the shawls—nothing more here belongs to us, except the goods they bought—I am quite sure I did not sell them the alpaca—we have lost a piece of a similar pattern to this, which I had seen safe the evening these women were there.
Cross-examined by MR. PAYNE. Q. Is there any mark on this? A. There is none now; there was one when it came to our shop—I did not miss any alpaca till I was spoken to about this—there were three or four other customers in the shop, and about three persons serving.
Cross-examined by MR. O'BRIEN. Q. What sort of woman was the other one who came; was she advanced in life? A. About the same age as the elder prisoner.
FLORANDA PAGE . I am single, and serve at the bar of the Fountain Tavern, Aldgate; it is kept by my aunt. On Thursday evening, 26th Aug., three women came into the bar, and had some refreshment—I cannot positively swear that the prisoners are two of them—after they had left, Robinson came in, and I told him where they had been sitting, and saw him find a ticket there—two of the women went out, returned, and brought some paper parcels, and they then all left together, at about a quarter before 8—there were no other females drinking there.
WILLIAM ROBINSON . I am apprentice to Mr. Vaughan. On the night of 26th I was sent to this public-house—a place was pointed out to me, and I there found this ticket (produced), with the price of the goods on it—it is Mr. Vaughan's ticket, with our private mark of the price and quantity on it.
(King received a good character.)
SMITH— GUILTY on First Count. Aged 37.
KING— GUILTY on Second Count. Aged 19.— Confined Six Months.
(Smith was further charged with having been before convicted.)
JOHN SPITTLE (City policeman.) I produce a certificate—(read—Central Criminal Court; Amelia Jones, convicted May, 1848, of stealing thirty-five yards of lace, of William Abner Vaughan, and confined six months)—Smith is the person described in that certificate.
Cross-examined by MR. PAYNE. Q. Are you sure she is the same person? A. Yes; I took her into custody, with another woman, and was a witness in the case—I was present at the trial.
SMITH—GUILTY.—(Two witnesses deposed to Smith's having obtained an honest livelihood since the expiration of her former sentence.)— Confined Twelve Months.
Buckinghamshire. On 19th Aug. my little girl hung out some things to dry which had been washed, and I saw them myself hanging oat a short time after—that was at a little after 11 o'clock in the morning—there was a nightgown, shift, a pair of stockings, and a towel—they were hung in the lane—about 2 o'clock I missed them, and saw them again when the policeman brought them—these (produced) are them—two of them are marked in my own marking.
JOSEPH HENRY TAYLOR (policeman, T 115). About half past 4 o'clock, on the afternoon of 19th Aug., I saw the prisoner go into a second hand clothes shop, in High-street, Uxbridge, with a small bundle in his hand—I followed him into the shop—he was offering a bedgown and chemise for sale, for 1s.—I asked him how he came by them, and he said his wife gave them to him to sell—he said his name was John Kelly—I took him to the station, and found a pair of stockings and a towel in his pocket—he afterwards gave the name of John White.
Prisoner. Q. Did I not say they did not belong to me? A. Yes; you said your wife gave them to you, to raise some money for a night's lodging.
Prisoner's Defence. A woman who lives in Uxbridge gave them me to sell, knowing I was in the greatest distress.
GUILTY . Aged 53.— Confined Two Months.
OLD COURT.—Thursday, September 23rd, 1852.
PRESENT—Mr. BARON MARTIN; Mr. JUSTICE CROMPTON; Sir JOHN KEY, Bart., Ald.; Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. FARN COMB; Mr. Ald. MOON; and Mr. COMMON-SERJANT.
Before Mr. Baron Martin and the Second Jury.
MR. PAYNE conducted the Prosecution.
SOPHIA MOYES . I am a widow, and live at 20, Wylde-street, Lincoln's-inn-fields. On Tuesday, 21st Aug., about a quarter to 8 o'clock in the morning, I was passing the end of Nottingham-court, Castle-street, Long-acre—I beard a noise, and on turning my head to look down the court, I observed three men standing; one a little distance from the wall, and the two others facing him—one of the men, the farthest from me as I stood at the court, I have since learned is named Neasby—the prisoner is one of the others, and the deceased, Lucas—I saw Neasby strike Lucas with his hand or fist; I am not certain which, and after that I saw the prisoner strike Lucas in the mouth with his fist, and he fell, and the back of his head came on the flag stones—I saw the prisoner, apparently in a great passion, taking off his coat in a hurried manner; that was after Lucas had fallen—he made towards Lucas to strike him on the ground, but he did not strike him—there were no other persons there at that time, some persons came round afterwards—when Lucas was struck by Neasby he slightly staggered—it appeared to me as if he received the blow like a man that was not sober—it was in consequence of the prisoner's blow that he fell on the back of his head—very little time lapsed between Neasby's blow and the prisoner's—I passed through the court, and went for a policeman—Lucas laid on the ground some minutes—when I returned he was taken away.
Prisoner. Q. Did you see him assault me? A. No; they were all strangers to me.
MR. PAYNE. Q. After Neasby had struck the blow, did Lucas strike the prisoner before he struck him? A. I did not see him; I think I must have seen if he had.
HARRIET WINSPUR . I am the wife of William Winspur, a boot and shoe maker, in Nottingham-court. On Tuesday morning, 31st Aug., a little before 8 o'clock, I was looking out of my window, and saw Lucas—I only knew him as a neighbour, by seeing him—he was standing by his door smoking his pipe—he lived at Neasby's house—I saw a quarrel between Neasby and one of his lodgers—Neasby hit Lucas on the side of the face, and in the room of Lucas turning round to hit Neasby again he struck Mullins; when Neasby struck Lucas, the prisoner went in at Lucas right and left; he caught him in the mouth, and knocked him flat on his back, and his head fell against the stones—the prisoner then pulled off his coat and hat and threw it against the wall, and was going to hit him again, but the mob hallooed at him—that was when Lucas was lying on the ground insensible—he laid there between three and four minutes, then they took him up and rested him against the wall, and his head dropped on his left breast—I did not hear him speak after that—Lucas was in liquor—the prisoner was perfectly sober.
COURT. Q. Did you hear what was said when Lucas went up to Neasby? A. No, I did not; I am sure that the blow Lucas struck at Neasby struck the prisoner.
JAMES PUDDICOMB . I am a dairyman, and live in King-street, Long-acre. On the morning of 31st Aug. I was passing by Nottingham-court, about 8 o'clock—there was a row between Neasby, the prisoner, and the deceased—I stopped to see what the row was about—I saw Neasby standing at the step of the door strike out, whether it was with his flat hand or closed fist I could not say, at the deceased, who was standing facing the prisoner—he struck at the prisoner, who returned it to him, and a scuffle took place—the deceased's hat fell off his head—the prisoner struck him a blow on the mouth, and he fell—after he was down the prisoner stripped his coat off to strike him again, but the man never rose afterwards—he fell on his back, but with his head on the flag stones—Lucas appeared the worse for liquor—the prisoner appeared perfectly sober—the blow that Neasby gave did not appear to injure the man at all, for the man never staggered with the blow.
ELIZA CARTER . I am the wife of John Carter, of Nottingham-court. I knew the deceased, Henry Lucas, by living in the same house—on the morning in question I was in my own room, and in the confusion I went down stairs, and saw Lucas sitting with his back against the wall, and his head on one side—he was taken upstairs, and put on the bed—I did not hear him speak at all afterwards—I thought he might have been drinking—I went to inquire after him once or twice in the course of the day, and his son said he was better—he died between 7 and 8 o'clock next morning—I was present when he died—he went by the name of Henry Lucas—he was about fifty years of age.
COURT. Q. You say you thought he was drunk? A. Yes; I had no idea he was so much hurt.
WILLIAM BENNETT . I am a surgeon, and live in Vinegar-yard, St. Giles. On Thursday night, 2nd Sept., I made a post-mortem examination of the deceased's body—there were no marks of violence on any part of his body, with the exception of a slight bruise on one part of the leg, and also a swelling on the upper part of the upper lip—that swelling appeared to be the
result of a recent blow—I examined the head—I found considerable congestion of the vessels of the scalp—on removing the skull cap, I found on the left part of the head, and beneath that part which answers to the upper part of the temple, on the left side lying on the brain, and beneath the membranes, about two ounces of clotted blood; I could trace that blood to the inner part of the brain, where I found about three ounces more of clotted blood—I have no doubt that the extravasation of blood was the cause of death—if he had received a blow, and fallen in consequence on the back of his head, that would account for the appearances—the whole of the left hemisphere of the brain was in an unhealthy condition, there was a chronic softening, that would make him more susceptible to an injury—the whole condition of the brain and liver indicated habits of intemperance—I think the immediate cause of death was a rupture of the vessel consequent upon a concussion of the brain.
WILLIAM JURY (policeman, F 30). On the morning of 1st Sept. I went to the house 13 1/2, Nottingham-court, and there saw the body of the deceased—I took the prisoner into custody—I told him he was charged with killing William Lucas—he said he struck him, but he stood in his own defence—I took him to the station.
Prisoner, He has known me for years. Witness. I have known him many years—I never saw anything wrong about him.
Prisoner's Defence. I only stood in my own defence.
GUILTY . Aged 48.—Recommended to mercy by the Jury, in consequence of many mitigating circumstances.— Confined Two Months.
Before Mr. Justice Crompton.
MR. CHABNOCK conducted the Prosecution.
FREDERICK RICHARD ALLEN . I live at 14, Lucy's-buildings, Laystall-street, and am a drover. The prisoner is my stepson; I married his mother—up to 8th Aug., when this occurred, we had always been good friends—he has three sisters, also the children of my wife by her former husband, Ellen is the name of one of them—I have no children—on 8th Aug. the prisoner came home about half past 6 o'clock in the evening—nothing of any importance occurred then—about half past 7 he came home again, and brought a female with him—I had not seen her above three or four times before—they had tea together at my house, and we had a pot of beer together—he was not tipsy then—he went out again, and returned between 11 and 12 alone, and very tipsy—he spoke very much against his sister Ellen, and called her names, and I took her part—she was in the habit of coming to see her mother—she was not there then, she had gone home; she was in service at Islington-green—I do not recollect what it was he said—I and my wife went upstairs to go to bed, and the prisoner remained downstairs—we occupied two rooms—I had got my trowsers off, and I spoke to him as he was below; he could hear me—I said, "Jem, you have taken your young woman home, then?"—he said, "Yes"—I said, just merely out of a bit of a joke, "I have seen that young woman in her smock many a time"—he then began to call me names, and abuse me, and his mother spoke to him, and said, "Why, you foolish fellow, you don't suppose for a moment that he has seen her without one"—he began abusing me and calling me names, and I said to him, "Jem, I won't have that noise there, I want to get up early to go to my work"—he still
kept calling me names, and I got a little bit out of temper—I said, "I won't have that noise there; I shall come downstairs, and see if I can't alter it" he replied, "If you come down near me I'll alter you"—I then ran down-stairs with my trowsers in my hand—he heard me coming and got out of the room into the court—I put on my trowsers, and went and saw him standing in the court with something in his hand, I could not see what it was distinctly—he said, "If you come out here, I will run you through"—I said, "You will? I ain't afraid of you"—my stick stood in the corner behind the cupboard door, and I took that in my hand and went out into the court—I cannot say whether I struck him or no with it first, but he came and flew on me and plunged an instrument into my side, I cannot say what it was—when I first went out at the door I recollect seeing my stick fall—we struggled together, close against my own window—I was clinging to him—he said, "Let me go"—I never answered, and when he found that I would not leave go of him, he gave me another desperate stab in the side—I then let go of him, and staggered to the opposite neighbour's window and fell on the ground, I bled very much—there was nobody there to part us—I laid on the stones for some minutes, and was then put on a barrow and taken to the hospital—I have been there ever since, and have come from there now—I did not, to my knowledge, strike the prisoner at all with my stick; I had it in my hand.
Cross-examined by MR. HORRY, Q. After you gave your evidence before the Magistrate, did the prisoner cross-examine you? A. No, not at all; I swear that, not a word—I might have given him a number of answers—I heard Mrs. Nellis examined, but do not recollect what she said—I had gone upstairs, and left the prisoner downstairs—my drover's stick has a little bit of iron at the end of it—it is such a stick as is commonly seen in Smithfield—it is only a nail at the end—I drove it in myself—this is not the first quarrel I have had with my family by a good many—provocation caused it—I have not been charged with attempting to murder my wife—I have been committed three times for assaulting the police—that was years ago—my wife has complained of my driving the children out into the street, at I or 2 o'clock in the morning—she may have complained of it several times.
Q. Do you recollect driving this boy out several times into the street? A. He deserved it—I have not driven him out at 1 or 2 o'clock in the morning to my recollection—it might be before bedtime, I kept him out all night—I cannot tell how often that has happened—I do not know whether he had his shoes and hat off at the time I came downstairs—he was out in the court before I got downstairs—I do not recollect his running away from me up the court, and round the corner—I do not recollect running after him—I did not run after him round the corner, before I was stabbed—I had no sooner got outside the door than he flew on me, and stabbed me—I do not recollect whether the prisoner was eating his supper when I left him downstairs—his supper was there, and a knife for him to eat it with—there were two or three knives on the table, and my knife likewise—he came in after we had gone upstairs—I had got my trowsers off when he came in, and was going to bed—I believe his mother called out to him, "Jem, your supper is on the table"—it was then that I began talking to him—I did not say, "You have been to see your Moll home," or "You have got rid of your Moll," nor any words of that sort—I said I had seen her in her smock, and he said it was a lie—I did not threaten him with a beating, nothing of the sort.
Q. Did your wife jump out of bed, and say "For God's sake, Fred, what do you want to beat my child for to-night?" A. She was not in bed—she might have said that; I do not recollect whether she did or not—I might very
likely have said, "Get out of my way, or I will serve you the same"—this was all before I went downstairs—I then ran down with my trowsers in my hand—the prisoner was in the court, when I went down—I do not recollect that he had any meat or anything eatable in his hand—I saw something in his hand—I had my drover's stick in my hand when I ran out—I did not offer to strike the prisoner with it to my recollection—the prisoner might have said, "If you strike me, Fred, I will give you this"—he said, "If you come anear me I will run you through."
COURT. Q. Was it then that he said so? A. Yes; in the court—I was in the court when that was said—he said it once in the room and once in the court.
MR. HORRY. Q. Did you not strike him a heavy blow over the head? A. I cannot recollect whether I struck him at all—I was afterwards told that his head was dressed for a wound—I did not see his head bleeding—I might have given him a heavy blow with the stick, I cannot say whether I did or not—we closed, and had a struggle—I might have tried to throw him down; very likely I tried to strike him—it was while that was going on that I received the wound—I do not recollect the prisoner's sister, Ann Head, going to Charing-cross Hospital, in consequence of my kicking her—that is tome years ago—there was a little bit of a piece of work some years ago—she did not go to the hospital to my knowledge.
MR. CHARNOCK. Q. Notwithstanding, there seems to have been some dissension among you; on the night when he came in at half past 6 o'clock, and half past 7, were you and he very friendly together? A. Yes; we had a pot of beer, and the young woman drank out of it as well—the mother was not there then—my knife was a clasped one—it was on the table when I went upstairs—I have not seen it since.
HANNAH NELLIS . I am the wife of Robert Edwin Nellis, of 24, Lucy's-buildings, nearly facing the prosecutor's. On 8th Aug., about a quarter past 12 o'clock, I heard cries of "Murder!"—I looked out of window to see what was the matter, and saw the prosecutor's wife in the court in her nightclothes—she was crying "Murder!"—I saw the prisoner and prosecutor wrestling with a stick—that continued some few minutes—the stick was then thrown on one side, and the prisoner left the prosecutor—I could not see whether he had anything in his hand, or whether he had done anything to the prosecutor—the mother fetched the prisoner back—he was running round the corner, as if he was going away—I believe the prosecutor bad not been stabbed then—the mother brought him back—she then went indoors, and looked out of window crying "Murder!" again—the prisoner and prosecutor were both in the court, and were struggling together under the window—the prisoner then left the prosecutor, and directly he left there was an immense pool of blood—I did not see anything in the prisoner's hand—after following the prisoner a certain distance, the prosecutor came back, pulled his shirt off, and gradually sunk under the opposite window, and there was another pool of blood there—he was taken indoors, and his wife came out and said, "Some one has murdered him, will not any one come to my assistance?"—the prisoner was not there then—I went and saw one of the wounds, and tied a cloth round the place to stop the bleeding—that wound was in the left side—he appeared very much exhausted, but I believe he was sensible.
Cross-examined. Q. You first heard a cry of "Murder?" A. Yes; when I looked out I saw the prosecutor's wife in the court, and the prisoner and prosecutor struggling—I do not know which of them had the stick—the
prisoner bad no shoes or hat on—I do not know whether he had any stockings—I saw him go away round a corner, that is about one house from theirs—I saw the prosecutor go after him—I saw the prosecutor come back—the prisoner did not come back after he had stabbed him—it was after he had stabbed him that he went after him—he went away once before he stabbed him, and then his mother fetched him back.
JOHN DELANY . I live in Lucy's-buildings, near Mrs. Allen's—there are three courts, and I live in the bottom court—I was in the court when this took place—I saw a knife in the prisoner's hand—I cannot tell what kind of knife it was, it was not a clasp knife, it had a handle—I saw it used four times, like that (stabbing underhanded)—the prosecutor had the prisoner up against the window, and I went to take the knife away—my mother pulled me back, and gave me a clout of the ear, because she thought I should get stabbed—I did not get the knife, I never saw it afterwards—I saw the blood on the ground.
Cross-examined. Q. You were not examined before the Magistrate, I suppose? A. Yes, I was the first time; I was not bound over—I have been subpoenaed—my mother was out on this night—I was at home when I heard the screams, and I ran up to see the row, and I saw the mother in the middle of the two of them, standing and hallooing, and the prisoner ran up the court and turned back again, and said, "You old b, I will stick you"—he did not seem to be running away from the prosecutor—I did not see his mother fetch him back—I saw him run round the corner, and Allen ran after him—he did not go round the corner, he stopped and staggered back, and tore his shirt off—it was after the prisoner said "I will stick you," that he stabbed Allen—it was three or four minutes after he said that, that Allen staggered back—they had been struggling some time—Allen had him by his two wrists—I saw a stick, I do not know who had it, I saw it drop from between them, and it was after the prisoner had run round the corner—I did not see anything done with the stick—I think Allen had the stick when the prisoner ran round the corner, and the prisoner had the knife—I saw the knife—I did not see Allen raise the stick as if he was going to strike—he had it in his hand before the prisoner came up to him, and then they began to struggle: I did not see Allen raise the stick at all—I did not see what he did with it—the prisoner laid hold of it when they began to struggle—I think one was trying to take it from the other, and then I saw the stab—as Allen held the prisoner's wrists, he made a swing and stabbed him—that was after the stick had fallen; they continued struggling for about a minute after the stick fell—Allen said, "I will hold you tight."
MARY GODDIN . I am a widow, and live in Lucy's-buildings. On 8th Aug., about 12 o'clock at night, I heard a cry of "Murder!"—I opened my window, and saw the prisoner and prosecutor—there was a stick between them, but who had it I cannot say, and I saw it thrown on one side—they had a struggle, and the prisoner got away from the prosecutor, and turned the corner—his mother came out in her nightclothes and went after him—she then went indoors, and the prisoner and prosecutor were struggling together against the shutter; one of them seemed to me to be warding off the blows of the other, I could not tell which—I did not see any knife, or anything in their hands—the stick was thrown away before the prisoner ran away the first time—they had no stick when tbey were struggling the second time—I heard the prisoner say at the first of it, "Come down, I have got something for you," and then he went away—after they left off struggling the
second time, the prisoner got away again, and the prosecutor followed him a few yards, and he then came back opposite his own door, and fell; the prisoner had then gone away—he had neither hat nor shoes on—I came down-stairs and saw a large pool of blood—I did not see the wound—some one fetched a policeman.
Cross-examined. Q. You were not examined before the Magistrate, I believe? A. No; I now live at 41, Baldwin's-gardens; I did live at 19, Lucy's-buildings—my attention was first drawn to this by hearing the cry of "Murder!"—I did not come out, I opened my window, saw the prisoner and his mother, she was in her night dress—it was then that I beard the prisoner say, "Come down, I have something for you"—he was outside his mother's door—I cannot say who bad the stick, it fell between them—I saw the prisoner run round the corner, and his mother went after him—the prosecutor was then at his own door, between his door and the window; the mother came back with the prisoner—they began struggling again just by the shutter, I could not tell which gave the first blow, the mother did not stand between them—I cannot tell whether Allen made a rush at the prisoner, or whether the prisoner rushed at him, or how it began—I went and told my son—I did not see the prisoner offer to pass in at the door—the first I taw was their scuffling for the stick.
WILLIAM LEE (City-policeman, 235). I took the prisoner in custody, the day after this occurrence, at the corner of Katton-garden, Holborn-hill—I was in my uniform—I was looking at him some distance before be came to me, from information I had received—when I got in front of him he crossed the road to me, and said, "I give myself up into your custody"—I said, "What for?"—he said, "For stabbing my father in law last night, and I have since heard he is dead"—it was reported that he was dead—I took him to the station.
Cross-examined. Q. Have you got the stick here. A. No; it was given to a Metropolitan officer.
GEORGE FREDERICK LANE . I am house surgeon at the Royal Free Hospital, Gray's-inn-road. I was not there when the prosecutor came in—I first saw him on the 28th—he had previously been under the care of another house surgeon, who is ill and has gone into the country—I have attended him up to the present time—I examined him—he had six wounds, three on the abdomen, at the upper part, near the lower ribs on the left side—one on the left side of the chest, one on the right armpit, and one behind the right thigh—they had been made by a sharp instrument—a knife would do it—one of the wounds in the abdomen was still very deep when he came under my charge—the other two had nearly healed—it was reported to have touched the intestines, but I did not see the intestines myself—they were very dangerous wounds—his life was in danger for a long period after I first saw him—he is out of danger now, but still very weak—the deepest wound in the abdomen has not yet healed.
MR. HORRY to HENRY LEE. Q. Do you recollect the prisoner's head being dressed, or seeing any dressing about his head? A. No; I did about his hand—I do not remember that there was anything on his head more than a cap.
COURT. Q. What was amiss with his hand? A. It was bound up, and in a sling—I went to St. Bartholomew's Hospital, where he had been, to ascertain what was the matter with it—I did not take the prisoner there—I cannot say how long his arm was in a sling—it remained so when he was remanded on the first occasion.
GUILTY on 2nd Count.— Transported for Seven Years.
Before Mr. Baron Martin.
MR. CHARNOCK conducted the Prosecution.
JOSEPH HARVEY . I am a hair dresser by trade, and live at 28, Great Saffron-hill, Holborn. On 6th Sept., between 4 and 5 o'clock in the afternoon, I had occasion to go to a lodging house at 16, George-yard, White-chapel—I knew somebody who was lodging there—when I got there I saw the prisoner lying down on a form by the fireplace asleep—I sat down on a bench opposite to wait for my friend, as he was not here—after I had been sitting there about five minutes the prisoner awoke, and said, "You b—y wh's get, what do you want here?"—I said I had called to see one of the travellers—he told me to go out—I said I should not go out till I thought proper—he immediately stood up and walked across to a kind of bench or settle where knives are kept, took up a knife, and tried it with his inger—he put that one down, and took up another—he then came up to me, and said, "Now I will see whether you will not go out"—he put the point of the knife so close to my face that it just raised the skin—I had not said or done anything to provoke him—he then rapidly drew back the knife, and made a plunge at my face—I put my head on one side when I saw the blade coming, and put up my hand to save my face, and received a wound just inside the knuckle joint of the thumb—upon that I jumped up and struck him with my left hand—that was after I was stabbed—Sergeant Price, who happened to be inspecting the house at the time, rushed into the room, and took the knife out of his hand—I gave him into custody—I have been under the care of a surgeon since, at the London Hospital—the wound is not well yet—I have suffered a great deal of pain from it.
COURT. Q. Did he say to you, when you said you had called to see a traveller, "Why do you not go to where you lodge yourself?" A. Yes; and I then said I would go when I thought proper—the first time he put the knife to my cheek it just raised the skin.
Prisoner. He was after knocking me down with great force, and kicked me very severely on the jaw before I used the knife; he was aggravating me. Witness. That is not true.
Prisoner. He had lodged there before, and they were looking after him to put him in prison; he stole several things from the house. Witness. I did lodge there some three weeks previously, and it appears that the prisoner lost a shirt, and accused me of taking it.
COURT. Q. How came you to say before the Magistrate that you only knew him by sight, if you lodged there? A. I knew him by seeing him, but had no correspondence with him—it was not his house, he was a lodger there—nothing was said about the shirt at the time this occurred.
MR. CHARNOCK. Q. Is there any foundation for saying you took the shirt? A. No.
JOSEPH PRICE (policeman, H 15.) I was at this lodging house on the 6th September—I was on the first floor, and heard a scuffle in the kitchen—I went there, and found the prosecutor bleeding from the right hand—he said, pointing to the prisoner, "That man has stabbed me"—the prisoner then held this knife (producing it), firmly grasped in his right hand—I seized him by the wrist and took it from him—I then said to him, "You are an old man, you should know better than to use a knife"—he said, "Am I to stand and be struck by him"—I took him into custody.
thumb, cutting rather deeply, another one on the fore finger, and a slight graze in the eye—the cut on the finger would correspond with a cut with the back of an old knife—such a knife as this would produce such a wound—I considered the wound dangerous then—he might have had a stiff joint for life—He is not under my care now.
Prisoner's Defence. I was only taking my own part; he was aggravating me; I was a lodger in the house the same as himself; I was told that he tock my shirt; he slept in the next bed to me; he was very cruel to me this day; there was a knife on the table, and there being nothing else there, I snatched it up and stabbed him, because he would not let me alone and behave himself.
GUILTY . Aged 58.— Confined One Year.
JOSEPH GRIFFITH . I am a chemist and druggist, of 113, Park-street, Camden-town. On 11th September, I was returning home at nearly 3 o'clock in the morning—I went into the Jolly Farmers, in Cumberland-market—I saw the prisoners there, I entered into conversation with Williams, and gave him some gin and water—I remained there about ten minutes—I had some gin and water—I was quite sober—I left the house, and went across the market into Albany-street—I passed on to the bridge, but did not cross it—immediately I turned the corner of Albany-street, I saw two men, who I believe to be the prisoners, approaching me—I guessed what their intention was, and immediately called "Police!"—I then received a blow on the left side of my head—I do not know who gave it me, but I believe it to be the prisoner Harding—one man came behind me, and passed something round my neck—I was pulled down on my back by it, I presume, and the man in front of me tried to take my watch from my left hand pocket: I believe that it was Harding—he then passed bis finger through my other waistcoat pocket—I called "Police!" nearly a dozen times; the police came, and the men ran away—I afterwards saw a cab near me—I saw one man run down Park Village East, that was Harding; it was a tall man, I could not see his countenance at the time; it was dark.
Cross-examined by MR. LILLEY. Q. What caused you to be out about 3 o'clock in the morning? A. I had left a friend; I had taken a glass of brandy and water with him—I had been with him about three hours, walking the whole of the time—I had no more refreshment—I went into no house—I had not the opportunity of seeing the men's faces; I believe they had something over their faces; I had not the opportunity of seeing more than their height—I invited Williams to drink at the Jolly Farmers; he had a glass of gin and water, and so had I—I had the brandy and water previous to leaving.
Cross-examined by MR. METCALFE. Q. Do you mean to tell the jury both these men were in the public house when you went in? A. Yes; there were two or three men—I noticed Williams, because I thought he had a brother whom I knew, and I asked him—I do not know whether Harding was thereat that time, but I saw him before he left the house—I was not struck at the corner of Albany street before I saw any one; I saw the men, and called, "Police!" and then recieved the blow—I saw the men both before and after I was struck—I did not see them both run towards Park Village, but I saw one, and concluded they had both gone that way—it is my impression that something was over their faces—I have told the jury Harding is one of the men,
because he is the same height, and by seeing him in the public house—to the best of my belief he is one of the men—I had no knowledge whatever of the personal appearance of the man who struck me till he was in custody, and then I knew him as the same party I saw at the public house.
COURT. Q. How soon after you left the public house did this occur? A. About ten minutes; it was not quite half a mile from the public house—I did not tell the men in the public house which way I was going, or where I resided.
FREDERICK BROWN . I am a butcher, and live at Camden-town. On the morning of 11th September, I was on a cab rank in Munster-street, and saw Mr. Griffith—I asked him if he wanted a cab, as it came on to rain—he said no, he wanted a cigar, and I sent him to a public house—I saw him go in—he was sober—I went into the public house, and saw him and Williams, and two or three more—in about half an hour Harding came up, driving a cab; he put the cab on the rank, and went into the house—he had got a young man inside the cab who went with him—I went into the public bouse with Harding—he asked me to have some beer, we did not drink together; I had half a pint to myself; this was about a quarter to 3 o'clock—Mr. Griffith was there when Harding came up with the cab—the landlord said it was time to leave; we finished what we were drinking, and came out; Harding said the prosecutor had better have a cab, and ride home—he said no, he should prefer walking home—he walked across the market—Williams walked after him; Harding got on his cab, and drove round the market in the same direction—it was a Hansom cab.
Cross-examined by MR. LILLEY. Q. Had you known Williams before? A. I had seen him on the rank near the Jolly Farmers many times—I know him to be a cab driver—he was not driving a cab before the 7th; he was out of place—I saw the prosecutor drinking with Williams.
Cross-examined by MR. METCALFE. Q. Griffiths was some time in the public-house? A. Yes, three quarters of an hour, or an hours he was smoking and drinking—he only had a glass of gin and water while I was there.
JACOB PEARCE . I keep the Jolly Farmers public-house, 58, Cumberland-market. On 11th Sept., about half-past 2, or 3 o'clock in the morning, I found Williams and Mr. Griffith in my house—I cannot say what time they came in—I found them in the bar when I came downstairs from attending on somebody—as I was standing at the door, Harding came—I required them all to leave my house, and they all left together, within two minutes, or a minute—there was nothing served after I told them I wanted to shut up.
Cross-examined by MR. METCALFE. Q. How many went out? A. I know three, Mr. Griffith, Williams, and Harding, and I should know the fourth if I was to see him—twelve or fourteen left just before—there was a band, which had to be in the barracks at 2 o'clock—they were not dressed in uniform.
ROBERT GOODWIN . I am a cab driver, of Rose-hill. On the morning of 11th Sept. I was on the York and Albany rank, and saw a cab pass me—Williams drove it—after it had passed, I heard Mr. Griffith cry, "Police!" several times—I did not go to his assistance—a policeman ran to him—I picked his hat up, and the Hansom's cab came back again, with the sergeant of police running after it—the cabman stopped when he got round Albany-street—he turned round and came back.
Cross-examined by MR. LILLEY. Q. Did you know Williams before this occasion? A. No; I have been a cab driver about four months—I believe there is a great penalty for transferring a cab from one driver to another—I do
not know whether the cab Williams was driving was his own—I do not know that it belonged to another man.
Cross-examined by MR. METCALFE. Q. The cab you saw before you heard the cry, was the same cab he was driving afterwards? A. Yes; another cab was going about 100 yards from the Hansom's cab—the four-wheeler was first, and was at the bottom of Park-street when I heard the cry—I was standing about twenty yards from the corner of Albany-street—there was nobody in the Hansom's cab.
GEORGE OLIVER (policeman, S 370). Early in the morning of Sept. 11th, I was on duty in the Albert-road, Regent's-park—I heard a cry of "Police!" I went to the spot, and saw the prosecutor near the York and Albany, without his hat, and bleeding from the nose—I inquired the cause of it, and he told me he had been knocked down and robbed—I went with him in the direction he pointed out to me that the men had gone that had done it, but could see nothing of them—after searching about some little time we returned to the York and Albany, and I there saw the prisoner Williams and the police sergeant with the cab—the sergeant asked the prosecutor if he had seen that man before—he said yes he had, that he had been drinking with him at the public house, and he should give him in charge as being one of the party.
Cross-examined by MR. LILLEY. Q. You say the prosecutor was without bis hat, and bleeding from the nose; was he not almost insensible? A. Yes; be appeared to be stunned—he pointed out the direction in which the men had gone—he did not say both men had gone that way—he did not say how many, he said that was the direction in which they had gone—when he was asked whether he had seen Williams before, be at first seemed to hesitate about it—he at first said "No," and then he said directly, yes, he had been drinking with him at the public house.
ROBERT GODBER (police-sergeant, S 18). On the morning of 11th Sept. I was on duty at the top of Gloucester-road, and heard cries of "Police!" several times—I went towards the sound, and saw a Hansom cab leaving at full gallop, and approaching me; it was coming in a direction from the York and Albany—Williams was driving it—I followed him some distance; he turned down Park-place, and then pulled up to a slower pace—he then galloped down Mornington-road, and down Mornington-street, and there I lost sight of him—I saw him again as be came up Albert-street, and crossed Stanhope street—he was still galloping; he went up Gloucester-street, and into Park-street, that was coming back to the point he had started from—I made back into Park-place, and saw him pass the top of Park-place, going towards the York and Albany—I followed him into Albany-street, and he turned round—a constable came up—I ordered him to take hold of the horse's head, and he put the cab on the rank—there was no one in the cab—I brought him back to the place I had started from when I heard the cry of "Police!"and said to him "I want you"—he said, "I know nothing of it; I was at Pearce's, and Mr. Pearce can prove that"—it was about 10 minutes past 3 o'clock when I first saw him, and it was then about a quarter past, or a little more—when I brought him back to the spot I ordered him to get off his cab, and in getting off he dropped something on the footboard; it was a driver's badge—he said, "That is not my badge, it is the proper driver's badge"—I detained him till Mr. Griffith returned up Park-village East, with the other constable—I then asked Mr. Griffith if he knew anything of this man, meaning Williams—he said, "I have been struck, and something put round my neck, and this man I was drinking with in a public house; I charge him with being one of the rnen '—the cab he was driving belongs to Charles Gamble, of Westminster—
I do not know of my own knowledge who the proper driver of it is—I know the number of the cab, and the name of Charles Gamble was on the cab.
Cross-examined by MR. LILLEY. Don't you know that there is a penalty for transferring a cab from one man to another? A. They are liable to a penalty—I mentioned the charge to Williams when Mr. Griffith charged him—I detained him at the top of the street till Mr. Griffith returned—I told him why I detained him, and it was then he said, "I know nothing about it"—I ran after the cab, I could not run as fast as the horse galloped—it was past 3 o'clock, and the morning was dark—I am quite certain as to the time at which I apprehended Williams—I did not apprehend him the following morning about 8, in Cumberland-market, I apprehended him then on the spot; I apprehended Harding the following morning.
Charles Gamble was called, but did not appear.
JOHN HOPE (policeman, S 401). On the morning of 11th Sept. I was on duty in the neighbourhood of the York and Albany, about 10 minutes past 3 o'clock—I saw a cab driven by Williams, going towards Mornington-road, very fast indeed—I saw sergeant Godber running after it—we watched the cab down the Mornington-road; it turned down Mornington-street—I heard him turn up Albert-street, and saw him turn up Stanhope-street, and down Park-street—we pursued him to the top of Albany-street, and apprehended him at the stand.
Cross-examined by MR. LILLEY. Q. You caught him, because the cab was on the stand, was it not? A. No; I did not say that the cab was on the stand.
COURT. Q. Did not you ultimately apprehend him when he had put the cab on to the stand? A. No; I met him in Albany-street, and ran into the road, shouted, and caught hold of the reins—that was not after he had put the cab in the stand.
MR. LILLEY. Q. Did not he pull up when you shouted? A. He was drawing up, but he did not pull up till I caught hold of the reins; he was pulling up.
WILLIAMS— GUILTY .— Confined Eighteen Months.
HARDING— NOT GUILTY . The Jury stated, that although they acquitted Harding, because there was not sufficient evidence to convict him, they had the strongest impression of his guilt.
NEW COURT.—Thursday, September 23rd, 1852.
PRESENT—Mr. RECORDER; Mr. Ald. LAWRENCE; and Sir ROBERT WALTER CARDEN, Knt., Ald.
Before Mr. Recorder, and the Sixth Jury.
GUILTY . Aged 35.— Confined Three Months.
GUILTY . Aged 24.— Confined Three Months.
GUILTY . Aged 24.— Confined Six Months.
GUILTY of stealing .— Judgment Respited.
MR. PAYNE conducted the Prosecution.
THOMAS FREEMAN . I live at Kingsbury reservoir, and am working there. On 28th Aug. I was at the Hive beer shop—I stayed from about half past 8 o'clock in the evening till about 10—the prisoner came in—I never saw him before—I had no conversation with him—when I came out to go home, I found him outside—I do not know what he was doing, but as soon as I came out he started striking me—I had not interfered with him in any way—I struck him again—that striking did not last above two or three minutes—at the end of that time the policeman came up and parted us; he pushed one one way and the other the other—I said, "That man has stabbed me"—I found the blood trickling down my right thigh—they took me to a house to see whether I was stabbed, and the policeman took the prisoner directly—I have my clothes here, which were cut through—I bled much, and was taken to a doctor.
Cross-examined by MR. PARRY. Q. Are you employed in that neighbourhood? A. I am employed at Kingsbury reservoir—I am what is called a navvy—I do not know where the prisoner works—I had been in that beer house from half past 8 o'clock till 10; I had been drinking—I paid for three pints of beer while I was in the house—I believe the prisoner is an Irishman; I am an Englishman—there was not a good deal of talk in the public house on the side where I was sitting—there was no Irishman on that side.
Q. Was there not a great deal of bad language going on in the house? A. I mean to say that the prisoner was turned out by the landlord for his row—I did not hear anything said about his Holiness the Pope—I did not hear about any Pope—I did not hear any very bad language used about the Pope, for the purpose of annoying the Irishmen—I heard nothing about any Pope or any Popery—the landlord turned the prisoner out for fear there should be a row—I cannot say how many persons were about—it was dark—it was 10 o'clock at night—there were no other persons near me, barring the prisoner, till the policeman came—there were not many persons about—there were not many navvies—I will say a dozen—there were not twenty or thirty—some of them were drinking—I did not hear any bad language used—the prisoner was not in my party.
JOHN WALKER . I am a labourer. I was at Mr. Brittnei's beer shop on the night this happened—the prisoner was there, and the last witness—the prisoner was quarrelling and kicking up a row—he was turned out about half past 10 o'clock—Freeman was inside—he came out directly after the landlord turned the prisoner out—as soon as be came out the prisoner struck him—he had not interfered with the prisoner at all, and he did not drink with him—when the prisoner struck Freeman, he turned in his own defence—the striking only lasted a very little while—they bad a round or two outside—the policeman came up and separated them, and Freeman cried out, "I am stabbed! I am stabbed! the blood is running down my leg"—I took him into a house—the policeman followed me, and saw he was stabbed, and he went out and took the prisoner—when I got Freeman in the house I could see the
blood coming through his shoulder—I took him to the doctor's—there was no one near enough to him to have done it but the prisoner.
Cross-examined. Q. Are you a navvy? A. Yes; there were five or six of us there that night; not more; I swear that—there was no insulting langunge used between us that night—there was nothing said about the Pope—there was no bad language used towards the Irishmen—there were only four Irishmen there—the navvies did not all come out together—I was out first—they all came out after Freeman was struck—he was the first that came out of the door after Farrell—what made Freeman come out was, the landlord came and said it was time for them all to go.
ALEXANDER M'DONALD (policeman, S 223). On that Saturday night I was on duty dt the Hive, in the Edgware-road—I heard a noise at the beer-shop, and hastened to the spot—I saw the prisoner and the prosecutor grasping together—there were more persons there, but none near them—they were outside the beershop door—I saw them grasping together—I took out my staff, and said, "The first man that strikes a blow, I shall interfere with him"—I put my left hand towards Freeman, and, on pulling him back away from Farrell, I found my left hand all covered with blood—Freeman called out directly, "I am stabbed, policeman!"—he ran into a house next door—I looked after him to see if he was wounded, and I then immediately turned round and took the prisoner—I took him to the station—he was very violent on the way, and said, "By God Almighty, if you let me go, I will murder some of them!"
Cross-examined. Q. He was very drunk, was he not? A. I cannot say he was very drunk; he had been drinking—he was in a state of very great excitement—I was first attracted by the noise at the beershop—I did not hear the expressions that were used—there was not a noise of crying or shouting, but a rushing out of the door of the beershop—I did not see it—I cannot say how many navvies were there—there were twelve or fifteen about the door of the beershop, but no one was near the prosecutor and the prisoner when I separated them—there was no knife found on the prisoner.
ESAU FOSKETT . I live at Kingsbury. I was at Mr. Brittnal's beershop on that Saturday night—I was outside—I saw the prisoner come out, and I saw him pull a knife out of his pocket and stab the man—it was a shut-up knife—he opened the knife, and directly Freeman came out he followed him—the prisoner came out first; then Freeman came out after him—the prisoner opened the knife as soon as Freeman came out.
Cross-examined. Q. What work do you do? A. Haymaking, or anything; I know Freeman—he is no friend or relation of mine—I know him as working down at the reservoir—I was not taking a glass of something at the beershop—I was outside—I did not go before the Justice, because I had not a subpoena—they never came after me to go, and never told me to go—the prisoner came out, and Freeman followed him—there were no others followed, they were outside—I cannot tell how many there were; they were all navvies almost, there were as many as twenty—they all came down when the row was—as soon as Freeman came out, the prisoner went and knocked him down, with the open knife in his hand, and Freeman went and turned upon him—Freeman was knocked down on the ground—Freeman has often given me a glass of beer—he gave me some this morning, a drink out of his pot—he was not in the habit of giving me drink before this, only since—I know Walker—he has given me drink since this, and before it—they have not given me halfpence.
(MR. PARRY here stated that he could not resist a verdict of Unlawfully Wounding.)
GUILTY of Unlawfully Wounding. Aged 25.— Confined Two Months.
THIRD COURT.—Thursday, September 23rd, 1852.
PRESENT—Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. FARNCOMB; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
GUILTY . He received a good character.— Confined Six Months.
GUILTY . Recommended to mercy by the Prosecutor.— Confined Three Months.
GUILTY . Aged 34.— Confined Twelve Months.
COOKE pleaded GUILTY .
DALLEY pleaded GUILTY .
The prisoners received good characters, and a witness engaged to employ Cooke.
Confined One Month each.
GUILTY .**— Confined Eight Months.
JOHN LUTWYCHE . On 18th Sept., between 3 and 4 o'clock, I was in Fleet-street, and my attention was called by two persons in a chaise, who pointed out the prisoner and told me something—the prisoner was running—I pursued him, calling out, "Stop thief!"—I saw him run down Bride's-passage—I ran after him, but lost sight of him; I caught sight of him again, and saw him stopped—I went up to him, and asked him for my handkerchief—he denied having it—some person came up immediately, and said in his presence that he had thrown it over the railing of the burial ground—I saw a boy get over—he got it and gave it to me, and I gave it to the officer—this (produced) is it—it has my initials on it.
Prisoner's Defence. A woman said she saw a boy chuck it over the railings; she did not say it was me.
GUILTY .**— Confined Twelve Months.
MARY BROWN . I live at Turn ham-green. I was present six years ago at Hammersmith Church, when the prisoner and Jessie Denman were married—I saw her alive yesterday—I am sure the prisoner is the person.
Cross-examined by MR. BALLANTINE. Q. Do you know Jessie Denman? A. No; I do not know that she went on the town—I never heard anything of them.
Cross-examined. Q. Do you really say you did not know he was married? A. No, I did not know he had been married; I was a servant at 6, Canonbury-place—I have a sister named Mrs. Mason—she is not here—she did not tell me, before I married the prisoner, that he was married—I have a brother, Benjamin William Pickett—I did not authorise him to ask the prisoner for 20l.—I do not know that he did ask him—after the prisoner was found out, he said to Mrs. Mason and me, "Martha, don't prosecute me, and what will you take? I will allow you 10s. a week"—I did not agree to take anything, and my brother did not that I am aware of—I have known the prisoner between three or four years by speaking to him—he first made love to me eleven weeks ago—I was in service at the time, and he fetched me away to be married; I stayed with Mrs. Mason in the mean time—I did not ask the prisoner whether he had been married till after his goods were at our house, when I said to my sister, "Look here! what a lot of things there are; this man must have been married before; will you inquire for me?"—they made inquiry, and asked at the place he had lodged at, and they said they could not say he was married the way they had lived together, and therefore I asked him myself, and he said he had been living with a woman but he was not married to her—I inquired of Mrs. Furnoe—she said she could not tell whether he was married—Mrs. Furnoe did not tell me that he had been married and his wife had committed adultery, and that they were living apart—she said they could not have been married, because they never lived long together, but lived together a week and then were away a week.
BENJAMIN WILLIAM PICKETT . I am a cellarman. In Aug. there was a disturbance between the prisoner and my sister—I asked the prisoner what all the bother was about, and said he had begun very soon after marriage, grumbling and finding fault at my sister being out—he said he was not finding fault, he was forced to go out on his own business—I went into the room when he came home; he went out and came in again—I went in, and there were tea-leaves in the cups and saucers—I spoke to my sister when she came in, and said it was beginning very soon after marriage—he said what did he care about my sister, he could go, and I took it from that directly that he was a married man, and I went to his lodgings and inquired, and said to him, "Mr. Conway, you are a married man, I think"—he said, "What if I am?"—I said he ought to be ashamed of himself coming into the bosom of a poor but respectable family.
Cross-examined. Q. You wanted 20l., did not you? A. It was mentioned about the 20l., but not until he had promised to pay 7s. a week, and he offered 10s. afterwards—I did say afterwards that before I would expose my sister in a police court I would take 20l., but I did not take it—I could have had it, but I saw I was in the wrong—I did take 16s. from him for half a dozen of wine I brought him from my employer—I did not give him two days to consider whether he would pay me the 20l.—when I accused
him, and he owned he was a married man, I said I would give him into custody before the next night if he did not come to some arrangement.
MR. BALLANTINE called
WILLIAM HENRY DENMAN . I live at 16, Albion-road, Hammersmith. My sister was married to the prisoner six years ago—the prisoner is a drayman—he is a respectable man—he conducted himself properly towards my sister, but she left him on several occasions, and has lived with other men on three or four occasions—the prisoner has endeavoured to bring her back and redeem her.
MARY ANN FURNOE . I know Mrs. Mason, the sister of the prosecutrix—before the prosecutrix was married to the prisoner, I told Mrs. Mason that he had a wife alive, and explained all I knew of them while they lived at my house—a fortnight before they were married, the prosecutrix and Mrs. Mason called, and I told them I had reason to believe the prisoner and the woman were married, and that they had passed as such while with me, and I told them I had heard they were married at Hammersmith Church.
JURY. Q. How long did they live at your house? A. About four months.
WILLIAM HODSON . I am a Post-office letter carrier. I have known the prisoner between three and four years, and have been in the habit of meeting him every day, and taking letters to the brewery where he is employed—he is a respectable, industrious man.
GUILTY . Aged 29.—Recommended to mercy by the Jury.— Judgment Respited.
CATHERINE PARK . I am the wife of Joseph Park. On Monday afternoon, 30th Aug., about 4 o'clock, the prisoner Price came to me, and said her mother had been dead four years; that her father was sick in the hospital; that she had been without food two days; she had two sisters at home, and the woman of the house threatened to turn her out; and she begged very hard of me to buy a pencil of her, which I did—I asked her if she would like to have a situation—she said she should be very glad, and that a man named Davis, of Rosemary-lane, could give her a character—I said, if that was the case, she had better come into my kitchen, and help the servant—I asked her if she could recommend me a laundress—she said she could recommend Mrs. Simpson, who lived in Haydon-street—I knew nothing of the prisoner before. but she seemed to tell such a pitiful tale—I gave her my card, and sent my servant with her to go to Mrs. Simpson's, but she left my servant in the Minories, and she returned; and the prisoner returned, after about an hour, with her father, who she had told me was ill in the hospital—they left, and she came again on the Tuesday after, at 7 o'clock in the morning—she went to her work—I went upstairs, and about 11 o'clock she called me down, and told me the laundress was waiting for me—I went, and found the prisoner Reid sitting in the kitchen—I said, "Are you Mrs. Simpson?"—she said, "No, ma'am; I am Mrs. Reid, and I have washed before for you"—she said Mrs. Simpson was ill, and could not come, and had sent her—I had no recollection of her having worked for me, and asked her, but said she might have done so—my servant brought the things which were to be washed down-stairs; and while Reid counted them, I took a list of them and gave it to her—there were eight pairs of stockings, fifteen shirts, nine handkerchiefs, and several other articles—I gave them to Reid with my own hands—on the Wednesday evening I sent Price with another bundle of clothes to Mrs. Reid, for
her to wash, and to tell her I wished to have the former bundle brought home on the Thursday—she returned in about an hour, and said she could not find her—I then went with her, but could not find her—a woman she represented as her mother went with us, and we went from one place to another with her till between 11 and 12 at night, but could not find her—at last she took me to Somerset-street, and knocked at two doors, and said Mrs. Simpson was gone out, but she could give me no account of Mrs. Reid—Price then knocked at a door, and three ladies came out, and she then began to cry, and said that was not the house, in fact she did not know which it was, and in consequence of that I took her to the station-house—on 2nd Sept. Reid was brought to my house by a policeman—I went with them to the station, and Reid there said she had never had my clothes—I have not seen the clothes since.
MARGARET DRISCOLL . I am in Mrs. Park's service. I saw Reid in the kitchen—she said she had worked for my mistress last May—my mistress said she did not recollect her; and after my mistress and her had talked about the clothes, they were delivered to her—there were twelve shirts, eight pairs of stockings, nine pocket handkerchiefs, and other articles—I saw her go away with the clothes—I am certain she is the person—she carried the bundle in her arms—Price was there when she came, and let her in—they appeared to know each other, and Price said she knew Reid perfectly well—Price said that Mrs. Simpson was very dilatory in her work, and not a good laundress at all, and she had sent Reid instead—on the Monday evening I was going with Price to look after Mrs. Simpson—there was another person coming out, and I asked Price to wait—she said she would not wait; she could go much quicker than I could; and she left me, and never returned till two hours and a half, when she returned with her father—I never found out where Mrs. Simpson lived; Price would not let me go.
THEODORE HALSTEAD FOULGER (City policeman, 568). On 2nd Sept. I went to Reid's house—I spoke to her about Price and Mrs. Parks—she said she knew neither the one or the other—I took her into custody—I had taken Price before, and she said, in Reid's presence, "I met this woman in the Commercial-road, and she told me to get the washing ready for her when she came"—she said she knew Reid.
Price. I did not say so.
REID— GUILTY . Aged 40.— Confined Twelve Months.
PRICE— GUILTY . Aged 14.— Confined Six Months.
(Price's mother deposed to her having obtained the situation through want, and also to her entire non-acquaintance with Reid. There were five other indictments against Reid.)
NOT GUILTY .
MESSRS. PARRY and ROBINSON conducted the Prosecution.
THOMAS HALL . I am a linendraper, at 103, Bishopsgate-street; about 23rd June, I received this letter (produced)—it purports to be signed by the prisoner, and states that his son is going to Australia, and is in want of goods, 100 yards flannel, 338 yards linen, 150 pairs of stockings, and a variety of articles, amounting to 58l.—in consequence of that I went to West Ham next morning, and saw the prisoner—I told him I had come down in conscquence
of receiving the order, and the transaction of course would be for ready money—he said it would be the same as ready money, and entered into the nature of his arrangements with the Board of Ordnance—he said he should want the things shipped on 1st or 2nd of July—he said he was contractor of the supply of gun sponges for the artillery at Woolwich, to a large amount, and that he had to receive 600l. or 700l. from the Board of Ordnance on 7th of July, or soon after that day, the 7th was the day they began paying, and he showed me the sponges—I agreed to let him have the goods on that representation, the credit being only for so short a time—I supplied goods amounting to 58l.—on 22nd July I received this letter, which is signed by the prisoner (read)—"Pall Mall, Thursday morning. Dear Sir,—I have just called at the office, and find that I shall not be paid until the 28th, and as I am now on my way for Plymouth, with my son, I will call and settle your account on that or the following day, but I expect to be paid sufficiently early to pay you on that day, positively. I remain, Dear Sir, yours respectfully, William Ingram")—the 28th passed over and I did not see him, and on 29th I went down to West Ham and saw him, and he made an appointment to go with me that afternoon, at half past 2 o'clock, to the Board of Ordnance, to receive the money then and there—I was to receive it myself from the Board—he was to call on me, and I was to go with him—he said he had an order for 300l. more, to execute for the Board of Ordnance, and went to look for his pocket book to show me, but did not find it—I remained at home and was ready to go with him, but he never came—on 30th July I received this letter (produced)—it is in the prisoner's writing—(read, directed, "A. Lloyd, Esq., Milk-street, Cheapside, West Ham, July 30th 1852. Sir,—Are you the gent that came down to my house with Mr. Hall? if so, I will not treat with you under any circumstances; but, if on the contrary, I will wait on you at your office, on Tuesday, about 2 o'clock the 2nd of Aug. Please to send me word. Mr. Hall would have been paid yesterday if he had not have brought a lawyer to bulley me, and make me out a Roge, and cald me a swindler, and he may thank is lucy stars that I did not bundle im down the steps; if he Ever Comes into my house again with the cause that he came the other day, I will Brake is neck down the steps, or he shall Mine; or, so I would have im beware, I am neither roge, swindler or theef, and so I will let im no if ever he coms into my house again. I am Yours, W. Ingram senior.") At the interview there was no bullying by Mr. Lloyd, nothing of the kind—the prisoner admitted having received the goods—on 2nd July he said he had received them, and was very much pleased with them—he said he might not get his money on 7th, as the Board commenced paying on that day, and paid alphabetically—they sometimes began at A. and sometimes began at Z; but, he was sure to be paid by the 12th, his name being in the middle.
Prisoner. Q. Are you going to say you trusted me with these goods on the faith of my being a contractor? A. Yes; the first thing you stated to me was, that you were a sponge maker—I did not entrust you with the goods on your references—I am not aware that you gave me thirteen references—I did not after that come and say I was perfectly satisfied, and invite you and your wife to come and make the order three times as much—you only gave me four references—I do not believe I ever saw you before I went down to West Ham—I had an interest in a business at Cheshunt, and there was a person of your name there; I do not know whether you are the person—you may have been a customer there, but I had nothing to do with the business myself, and it has been closed many years—I would not have trusted you one
penny in consequence of anything arising from the Cheshunt connection—Mr. Lloyd did not say you were a swindler and scoundrel, and bow could you rob an bonest man and his family; nor did you say I should be paid in seven days, and lay three sovereigns on the table—Mr. Lloyd did not then tell me to take them up, nor did I do so, nothing of the sort—Mr. Lloyd said there was a judgment out against you, and you got in a great rage, and offered to bet Mr. Lloyd 5l. there was no judgment, and bet two sovereigns, and I thought two sovereigns from 58l. was better than nothing at all, and I took them, and I saw a third in your hand.
MR. ROBINSON. Q. I understand you to say the conversation you had about the Board of Ordnance was about 24th June? A. Yes; and the goods were supplied on 1st July.
ROBERT BRADLEY . I am one of the clerks in the Cash Account Office of the Board of Ordnance, in Pall 'Mall. It is part of the duty of my office to make entries of all contracts with the Board—I have been connected with the office thirty-five years, and have been in the same room eleven years—the prisoner has not, to my knowledge, either solely or in connection with any one else, any contract with the Board—I must have known if such a contract had existed, and I have very carefully searched the books for the purposes of this inquiry—he has no authority to represent himself as the contractor for sponges to Her Majesty's Board of Ordnance.
Prisoner's Defence. I purchased the goods in the usual way; I intended to pay Mr. Hall, and should have paid him; I offered to pay him at the Mansion-house, and am ready to pay everybody what I owe, and have plenty to pay them with.
GUILTY . Aged 62.— Confined Twelve Months.
(There was another indictment against the prisoner, for obtaining goods by similar pretences.)
SAMUEL JONES . I am a tailor. I was present on 25th April, 1845, when the prisoner was married to my daughter, Sarah Jones, at St. John's Church, Waterloo-road—they lived together afterwards on and off two or three years—my daughter is in Court now.
Prisoner. Q. You say I lived with your daughter some years; what do you call years? A. There were three children, two of which are living—you were away, as you said, at engagements in the country at times; the whole time was only sixteen months—when you were first married you lived in Surrey-street—I am not aware that you left her while living there—I knew you, and frequently saw you during that time—I was twice at a house opposite—I was in Court when Ann Styles gave evidence against you, and heard the head clerk say he was surprised a woman should come forward to perjure herself—she fainted after giving her evidence.
(Elizabeth Ann Styles being called on her recognizances did not appear.)
JOHN ABBOTT . I am parish clerk of St. Philip's, Bethnal-green. I produce the register of marriages; here is an entry on 19th July, 1852, of the marriage of Edward Murphy and Elizabeth Ann Styles—I was present, and remember the marriage—I recollect the prisoner and also the female—I saw her at the police court, and yesterday also—that was the same person who was married who gave her evidence at the police court—after she had signed her deposition she fainted, and was carried out into the yard—it did not last more than two or three minutes.
JOHN ARCHER (policeman). I took the prisoner into custody from Mr. Jones's—when the charge was made he said, "I have expected this a long time, ever since the second took place, I shall deny nothing; I shall bid fare-Well to every hope."
Prisoner's Defence. I became acquainted with the prosecutor's daughter when I was sixteen or seventeen years old; she became pregnant, and her father compelled me to marry her, and he Was to have given me a better insight into my business, which he did not; he held a good situation in a tailor's shop, but having got his daughter off his hands, he left us to take our course; she was pregnant before I was seventeen, and I had a wife and child to keep, and her violent temper made my home miserable; I was not aware that in marrying again I was committing an illegal act, my former marriage being when I was under age, and my second wife knew that I had been married.
GUILTY . Aged 25.— Confined Four Months
OLD COURT, Friday, September 24th, 1852.
PRESENT—Sir JOHN KEY, Bart. Ald.; Mr. Ald. KELLEY; Sir CHAPMAN MARSHALL, Knt. Ald.; Mr. Ald. FARNCOMB; Mr. RECORDER; Mr. Ald. SALOMONS, and Sir ROBERT WALTER CARDEN, Knt Ald.
Before Mr. Recorder and the Fourth Jury.
NOT GUILTY .
COOPER pleaded GUILTY . Aged 30.
TANT pleaded GUILTY . Aged 26.
Confined Twelve Months.
MR. COCKLE conducted the Prosecution.
CHARLES SALTER (policeman, G 130). On the night of 15th Sept., about a quarter to 10 o'clock, I was on duty in Red Lion-alley, Cow-cross, and was called to the house of Blake, where a communication was made to me respecting the prisoner—he had these knives (produced) one in each hand—I took the smaller one, the clasped knife, from his left hand, and while I was doing so he stabbed me three times in the left arm—one cut was an inch deep—it was afterwards sewed up by a surgeon—he is not here—I asked the prisoner what he had done it for—he said he had made up his mind to murder some one—I took him to the station—he was perfectly sober—he had not been drinking in the least.
Prisoner. When I was in Red Lion-alley the people began to surround me, and to put their bands in my pockets. Witness. I saw nobody lay hold of your pocket, you were running away from the people, and they were running after you; you said if they did not keep off you, you would put the knife into them; I took you for stabbing a Mrs. Blake, also a boy named Miles; you did not appear to have been injured at all; you did not ask me what I wanted with you.
COURT. Q. When you took him, did he appear to be able to answer
questions? A. Yes; he does not appear to be able to do so now, but he was not the same then as he is now.
MARTHA BLAKE . I remember the officer coming into my house—the prisoner ran away from me after he had stabbed me—there was no row, there was great confusion—I do not know what it was about, anymore than the prisoner came to me with a knife in each hand—there were only a few people in the alley—I do not know the prisoner, only by passing by—I do not know how he gets his living.
FRANCES FLANNAGAN . I live at No. 14, in this alley. On the night of 15th Sept., in consequence of something I heard, I went out into the alley about half past 9 o'clock—there was a disturbance there—I saw the prisoner, with a knife in each hand swinging them about, and saying he would stab some one—the lad Miles was talking to him—I said "Why not go upstairs, and leave the lad alone"—he did not seem drunk—I had known him before, but never saw any difference in him to what he is at the present moment—I lost sight of him for half a minute, and then he turned back and passed me, with both knives in his hands—he never said anything, but made a dart at Martha Blake, and struck her with the knife—I went and looked at her hand, and then left her, and went to Cow-cross, and there he was swinging his hands with a knife in each hand—I saw a policeman come out of Whitecross-alley, and told him to take care, as the prisoner had a knife in his hand, and that he had stabbed Martha Blake—the policeman closed with him, and took one knife, and I took the other, and walked to the stationhouse with them.
JOHN MILES . I live in Pipe-maker's-court, Red Lion-alley. On the evening of 15th Sept. I saw the prisoner come into the court from the top—about five minutes afterwards he came up again, put his hands on my back and shoved me down on my face—there was no one running after him—he ran down Red Lion-alley, and I followed him—as I was passing by our court, I screamed out for my father, to ask the prisoner why he did it, and the prisoner went indoors and came down with an open knife in his hand—I asked him what he did it for—he said, "I will show you what I did it for," and made an attempt to stab me—he just caught me on the hand with the open knife, and then went up into his own lodging and fetched a second knife down—I never saw him before to my knowledge.
(The prisoner's statement before the Magistrate was here read, as follows; "When I was coming along the street, the people kept holding up their hands at me, and I was frightened, so I took the knife out of my pocket, and said, "If you do not be quiet I will have the knives through you.")
TURTON. I am the prisoner's mother; he lives with me. It is a pity they put him into a passion, and mauled him about—he is not right in his head—he has been knocked down, and had an injury, and was also nearly drowned—he is very well if a parcel of drunken people would let him be.
GUILTY of Unlawfully Wounding. Aged 24.— Judgment Respited.
942. DANIEL MULLONEY, GEORGE COLLINS , and SAMUEL RIDGELEY , unlawfully obtaining, by fraud and ill practice in playing at skittles, 3l. 8s.; the moneys of Daniel Barker, with intent to defraud him thereof.
MR. RYLAND conducted the Prosecution.
DANIEL BARKER . I am in the service of Mr. Hurley, a cow-keeper, of Spitalfields, and am about twenty years of age. I know the three prisoners—on Monday, 16th Aug., I was in company with Mulloney and Collins—I knew Collins before, but not Mulloney—there was a third person with them—I do not know his name—he is not here—I played at skittles that evening
with Collins and Mulloney at the Buffalo, in Skinner-street—I lost 3l. that evening—four of us played the first game, and I played Mulloney after that—we played two and two the first game, and afterwards I played Mulloney—he won the money of me—that was all the money I had with me—I parted with them about 9 o'clock—Collins proposed our meeting again on the Thursday night, but I could not go before the Friday night—Mulloney bad betted that if we met on Thursday night I would not knock the skittles down in five throws for 3l.—he betted with me, and we were to meet on the Thursday, but I could not go—on the Friday evening, about 8 o'clock, I was passing by Bisbopsgate Church, and fell in with Mulloney and Collins, and a friend of theirs, the same man who had been with us on the Monday evening—we went to Long-alley, to the Dolphin public-house—Collins went in first, to see whether we could have the ground—he came out, and said they would not let him have the ball to play with—we then went up higher, to another public-house, where the ground was shut up, and we could not get in—then we went up to the Skinners' Arms, in Skinner-street, Bishopsgate, and bad a game, all four of us, for a glass of brandy and water—I and the strange man beat—Mulloney paid for the brandy and water—then Mulloney and I played for half a crown—the potman held the stakes—I won that, and Mulloney paid me, at least the potman handed over the stakes to me—Collins was gone away then—he said to us, "Wait ten minutes or a quarter of an hour; I will go up to my uncle's and borrow 5l., and back you to play Mulloney"—we were in the skittle-ground, playing, when he came back—we then left the Skinners' Arms, and went to a public-house in Acorn-street, but there was no skittle-ground there, and we all came back again to the Skinners' Arms—we were in the taproom, and had a pot of half and half—Mulloney paid for it; and shortly afterwards Ridgeley came in—I had never seen him before—he talked like a countryman, and wanted to throw weights along with Collins, half a hundredweight—Collins said, "Come, let us get him out into the skittle-ground"—we went into the skittle-ground, and they wanted it to themselves private; but so many people came in, that we came out again, and went into the Sun Tavern—it was then nearly 10 o'clock—Ridgeley ordered a glass of brandy going in, and said we wanted the skittle-ground to ourselves—Collins played a game first with Ridgeley, and gave him two chalks out of three—there are three chalks to a game—the one who gets all the skittles down in the least number of throws gets a chalk—while one had to get three chalks, the other only had to get one—Collins beat, and then he persuaded me to play Ridgeley—I commenced playing with him for 10s.—the game Collins won was for a glass of brandy; and then Collins and Mulloney both betted 10s. on me—they betted the same as I did, that I would win with Ridgeley, but Ridgeley won—after that Collins persuaded me to play him for 1l. and he would back me for the same—I paid my 10s.—Collins held the stakes—I did not see him pay the money over, but I put mine into Collins' hands, and he said he had got it all right—then Collins persuaded me to play for 1l., and said he would back me for the same—Ridgeley won it—I paid my 1l. to Collins, who held the stakes, and they made believe to pay their bets into his hand—I do not know whether they did or not—I saw no money paid over to Ridgeley—Collins and Mulloney both persuaded me to play with Ridgeley for another 1l.—they said I could beat him—Collins persuaded me to give him a chalk—that was after Ridgeley had beat me twice—they backed me that game even with the chalk against me—I had given him a chalk all along—Collins said, "Bet him the same again; you will beat him the next time"—I deposited my 1l. with Collins—I won that game, and
got my 1l.—then we played for another pound, in the same way—the others betted just the same—I lost that game—Collins persuaded me to play him for 2l., Ridgeley giving me a chalk, and they would back me with the same—I agreed to that—they each betted 2l.—Collins held the stakes—I deposited my 2l. with him—the game was played—Ridgeley won—Collins then said I had only given him one sovereign—I said I had, for I had only got one farthing about me—(I had no more money)—I searched my pockets, to satisfy him, and said I had given him the whole of the stakes—afterward he said, "Yes; I have got it all right"—I saw no more of my two sovereigns—they did not propose to play any more when I had satisfied them I had no more money—they wanted to go—we were going out; but there was an officer in front of the door, and another behind it—I had not sent for them—I afterwards found that there had been a policeman on the ground some time—they were all three taken into custody, and I followed them to the station-house—as we were going, I saw Ridgeley swing his hand out, and heard something like money jink—we all stopped—a policeman put down his light, and I picked up a coin, and gave it to Towsey—the landlord then picked up another one like it, near the same place—I put it into my pocket, and next morning gave it to Towsey, at the ansion-house—these medals (produced) are what I picked up—they were not in this state then; they were brighter, and looked like gold then—on the previous Monday, when I was with Collins and Mulloney, Mulloney said he was a silversmith, and lived in Bishopsgate-street, and Collins said he knew he did.
Cross-examined by MR. PAYNE. Q. How long have you been a skittle-player. A. Only that night, except for a pint of beer with my friends—I cannot tell you how long I have known what "a chalk" means—I have, perhaps, played at skittles two years—in one of the games I knocked all the pins down in one throw, and some in two throws—I knew Collins in the beginning of the summer—I had never played with him before that night—I know the Mitre, in Mitre-street, Aldgate; I have played at skittles there, at four hand games, and single games, but not with Collins—I have bet on games at the Mitre—I did not always bet; I generally did—I had never played at the Buffalo till the Monday previous—the largest amount I have won at the Mitre, is about 1s. or so; the largest amount I have lost is 3s. or 4s.—I never played for a larger amount than 1s.
Cross-examined by MR. RIBTON. Q. What are you? A. I look after cows and milk them—I live in Spitalfields, with Mr. Hurley, I have been with him most two years; before that I lived with Mr. Roberts, at Dagen-ham, looking after cows—I used not to play at skittles in the country, my first play was in London—I did not begin to play when I first came to London—I get 16s. a week wages, I do not board and lodge with Mr. Hurley—I have to support myself out of the 16s. a week—I had saved this money for years back—I had 1l. or 2l. when I came to London—when I won the 1l. the prisoners paid me; that was the only sum I won at the Sun—I did not win two or three times there; I did not win 10s., I lost it—I won 7s. 6d. at Skinner-street—when I commenced playing with Ridgeley, I gave him a chalk I do not consider myself a skilful player—I know what a floorer is, it is getting all the skittles down with one ball—I got one floorer on this night, I swear I got no more—a great many men can get floorers when they want—I consider a man a tidy player if he can knock them all down in two throws, but it is very seldom I can do it in two throws—I did do it twice, that was tidy play then, but sometimes I went four or five times; that was after the brandy and water—I was not drunk, I recollect things, I knew what I was
about—I was sober enough—I was ne'er the worse for liquor, we were all pretty much in the same state, as far as drink goes—Ridgeley talked countrified, as if he had come out of the country.
MR. RYLAND. Q. What expressions did he use, that you call country like? A. He drawed his words off and talked very broad—I did not observe in what way the pins were put up when I threw—they can be set either on the outside of the iron plates, or on the inside, so as to be nearer to one another or further off—I put up a few at first, and Mulloney told me to sit down and not to make myself tired—there is a mode of placing them so as to make it easier to knock them all down—I took no part afterwards in placing them—when Ridgeley came to the Skinner's Arms he wanted to throw some weights; he said he had got some money left him in the country, and he did not mind going and having a game at skittles, and losing 5l. or any thing—I had been drinking at each of the public houses, but I did not drink much; I was only a little fresh, I did not feel the effects of it.
JAMES TOWSEY . I am landlord of the Sun public house, Bishopsgate-street. On Friday evening, 20th Aug., about half-past 10 o'clock, the prosecutor and prisoners came there—they went towards the skittle ground; when they got to the taproom door they asked for a light, and the gas in the ground was lighted up for them—they made the remark that they had got a mug, and they were to send them some beer out—I cannot say who said it—Barker followed the potman in, and the prisoners stopped to make that remark—I expect that a "mug" means a fool, but I do not know—there were several parties in the taproom, and one or two were going into the ground at the same time—I was five or six yards off them, and they could not see me—Ridgeley said to me, "Bring in a glass of brandy and water, Governor," and I sent it in—I knew him, he had been at my place playing at skittles about a week before—I had never seen Barker there before—I called Ward, a policeman, who was passing, and told him what I had heard; he was in plain clothes, he went in and stood by the skittle ground door, which is all woodwork—he could hear plainly what was going on, but could not see—he stood outside the door, it opens inwards—I went into the ground when the officer was there, and they asked for another glass of brandy and water—the skittle ground is glazed and boarded up—when I took the brandy and water in, Collins was saying to Mulloney, "Give me my 5l. back again, I won't bet."—Ridgeley and Barker were playing—the play was over about 12—they were going away, and were stopped by Finnis in front of the bar, and taken to the station—I went after them—at the corner of Sun-street, I heard something resembling money, and they all stopped—I asked a policeman for his light, we looked, and Barker picked up a counterfeit medal resembling a sovereign, like those produced, but much brighter, like a new sovereign—I thought it was a sovereign at first.
Cross-examined by MR. PAYNE. Q. When you saw it, was the policeman's light thrown on it? A. Yes; I examined one of them in my hand—I mean to tell the jury it looked like a sovereign; it looks more like a farthing now—it has been worn by being handled.
Cross-examined by MR. RIBTON. Q. Barker made no remark to you about unfair play? A. He had not time.
JOSEPH WARD (City-policeman, 628). On Friday night, 20th August, I was passing the Sun, in plain clothes, and was called in by the landlord—I stopped first behind the door, and then went into the skittle ground, and saw the prisoners; Ridgeley was playing the prosecutor—I was about the centre of the skittle ground, halfway between the man who throws and the pins—I sat on the ground—I knew Ridgeley before, and he knew me, or ought to
have known me—Collins was setting up the pins, assisted by some one else and Mulloney was betting in favour of the prosecutor—I noticed that on the pinch of the game, the winning game, the pins were set wide for the prosecutor, and close for Ridgeley—I hardly knew which was the victim till I saw that—setting them close gives a man great advantage for the game—when there are two games each, the last game is the winning game—Ridgeley took part in setting up the pins when he was going to play—I believe he set them fair—Barker took no part in setting up the pins—while his pins were set wide, Mulloney kept him in conversation where they deliver the ball from—Barker seemed rather excited at some expressions, Mulloney came up to him, and threatened to punch his head, as he was losing his money as well as his own, and gave him instructions how to hit the pins—I staid till the end of the play—at the last game, which was a 2l. game, Collins said, "You have only staked but 1l."—he said, "Yes, I have staked two"—Collins said, "No, you have got the other in that pocket;" he felt, and said he had only got a farthing about him, and then they said it was all right, they had found it—when he had no more money, they walked out—I asked 'Barker what he had lost; he said 3l.—I told him to give the parties in custody, and took them—before we got to the bar, Mulloney said to Ridgeley, "You had better return him his money back"—Ridgeley did not seem to take any notice of that—a mug means a fiat, or foolish chap—as we were going to the station, at the corner of Sun-street, I heard something like money drop, and these two coins were picked up; they were much brighter and cleaner than they are now—they had the appearance of a sovereign, especially by gaslight—they were found close by Mulloney, and right against one of the gulley-holes—I searched Mulloney, and found on him this chain and tin tobacco-box, which be wore as a watch, this book, and 2s. 6d.—I did not search Collins or Ridgeley.
COURT. Q. How often had you seen Ridgeley before? A. Perhaps two or three times in a month; he has known me for years, we are both natives of one town—I do not know the other two prisoners, but I have seen them about—I should say Ridgeley certainly must have seen me; I sat in a stooping position, with my elbow on the table, smoking a cigar—he did not nod to me—I was there, I should say, an hour—I was in the same place all the time—he is an Essex man; he knew I was in the police.
HENRY FINNIS (City-policeman, 633). On the night of 20th August, I took Collins at the Sun—I took him to the station, searched him, and found three sixpences, a halfpenny, and this counterfeit coin (produced); it is not a bad sovereign, but it resembles a sovereign—it was brighter than it is now—I found Ridgeley and Barker at the station—I heard Ridgeley say to Barker, "What more do you want than your money?"—he made no reply to that—I have no reason to believe that Barker had had bis money back at that time—Mulloney was there; the sergeant asked him his address; he said he lived at 33, Church-street, Shoreditch; that did not prove to be his real address—I found it was 17, Pepper-street, Southwark—that is not near Church-street, it is two miles from it.
Cross-examined by MR. PAYNE. Q. Is there anybody here to prove that he did not live in Church-street? A. No; I have not got anybody here from Pepper-street to prove that he lived there—I went to one place and did not hear of him, and went to another place and did.
JOHN MARSHALL (City-policeman, 622). I took Ridgeley to the station, searched him, and found on him two sovereigns, two half-sovereigns, four half crowns, 4s., and 11 1/2 d., in copper, all good; and a pocket book, in which there were only a few directions.
Cross-examined by MR. BIRTON. Q. Ridgeley gave you his address, and you went and found it correct? A. Yes; I saw bis wife there—I do not know what family he has got—I believe he has a large family living there.
JOHN WATSON (City-policeman, 651). I saw the prisoners in custody—I heard money fall, turned my light on, and found a counterfeit sovereign lying by the side of the sink grating—I saw Ridgeley's hand thrown out at the time it fell, and it lay about a foot from the edge of the pavement, near the sink—Barker picked it up, and gave it to Towsey, who gave it to me; I produce it—it bad the appearance of a sovereign, and was very bright.
Cross-examined by MR. RIBTON. Q. When you say you had 8s. in silver, do you include the 7s. 6d. you had won? A. No; I had more than that when I left home, and when I went into the Sun.
COURT. Q. Tell me what you bad when you left home? A. Two sovereigns, two half sovereigns, 5s., (2 half crowns,) and I am not positive, but I think the other was 3 shillings.
COURT to JOHN WARD. Q. You said you observed on the pinch of the game, the last game of the set, that they were set close when Ridgeley was playing, and when Barker was playing they were set wide, just tell me more accurately who set them? A. Collins and another one with him, who I do not know—I noticed that particularly in the two last games, the 1l. game and the 2l. game—they were playing when I went in, and Barker won—there are plates for the skittles to stand on, and by turning them a little it makes about two inches difference in each pin, and by turning them again it brings them closer; I observed that at the time.
Isaac Senior, cabinet maker, of 10, Sussex-street, Clerkenwell, gave Ridgeley a good character; Collins also received a'good character.
MULLONEY— GUILTY . Aged 21.
RIDGELEY— GUILTY . Aged 43.
COLLINS— GUILTY . Aged 20.
(Daniel May and Joseph Ward, police officers, deposed to Ridgeley being a regular skittle sharper, and to Mulloney being an associate of Downes See Surrey Cases).
RIDGELEY— Transported for Seven Years.
Confined Twelve Months.
NEW COURT.—Friday, September 24th, 1852.
PRESENT—Sir GEORGE CARROLL, Knt., Ald.; Mr. Ald. FARNCOMB; Sir ROBERT WALTER CARDEN, Knt., Ald.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Fifth Jury.
THOMAS JOYCE . The prisoner was in my service till I gave him in charge on 1st Aug.—he used to go out with goods to my customers—it was his duty to receive money, which he was to pay to me every night—he never accounted to me for 3l. 14s. 3d. received from Mr. Roberts, or for 3l. 19s. 6d. received from Mrs. Mills—I accused him of keeping back 3l. 14s. 3d. when I gave him in charge—he said, "I will make it all right"—he never paid me the money.
Prisoner. Q. Did you say what you gave me in charge for? A. Not at
the time; you said nothing at all that I can recollect—your wife said, would I let you be till the morning—I said yes, if a gentleman would be security till the morning for you.
COURT. Q. Did he ever say he would make it all right? A. He did say so, but that was not till he was taken into custody.
Prisoner. Q. Do you recollect what she paid me with? A. There was about 1l. 10s. in copper.
Prisoner. Q. Did I not tell Mr. Joyce if he would liberate me I would make it all right? A. Yes.
Prisoner's Defence. I had not expected every night to pay my account; I sometimes go out collecting all day, and do not go home that night; when I received Mr. Roberts's, it was on a Saturday; I went home about 11 o'clock; I paid the money to the servant to take up stairs to Mrs. Joyce; 2l. 14s. was what I sent, and I kept 1l. for my wages, and Mr. Joyce gave me 4s. more, which made my wages right; I paid Mr. Joyce some money which I did not count, and he said the next day, "There must be something wrong, as there is more money than you have accounted for;" at the latter end of last year there was a mistake, something similar; he charged me with receiving money and not accounting for it, and by overhauling his books be found it was paid, and I said, "For the future, you put a receipt at the bottom of the account," which he did for some time, but I got rather neglectful, and it has not been put down.
COURT to MR. JOYCE. Q. Did the prisoner ever say that he had paid your wife, or servant? A. No, never; there has very often been omissions to account for.
GUILTY . Aged 43.— Confined Six Months.
WILLIAM ARNOLD . I have one partner, we are stationers. On 21st Aug., the prisoner entered my shop about 5 o'clock in the afternoon—he inquired the price of silver pencil cases with penholders attached—I told him the price, and showed him some—I put a tray of them on the counter—he did not like them, and he required to see a second case—I removed a second tray from the window and set them before him, and I replaced the first tray in its original position—he did not like any that were in the second tray, and he wished to purchase a penny penholder—when he purchased that, I noticed the stone of a pencil case glistening under his arm—when he was about to leave the shop, I stretched out my hand and removed the pencil case from below his arm—I called a policeman and gave him into custody—the officer took the pencil case; this is it—it is the property of myself and partner.
Prisoner. Q. Did I take the pencil cases out of the tray, or you? A. You took some with your own fingers, and you took some out of my hand, and I noticed narrowly that the ones you took were replaced again—you removed pencils from various divisions, from 3s. 6d., to 12s.—I saw this one below your armpit, and your arm was closed to your side quite unnaturally,
which caused me to watch you for a few moments, as I knew if you moved your arm it would fall—in going to get the penholder I walked backwards, keeping my eye on your arm, to see if you moved—in the first instance you asked for a sixpenny penholder, you then asked for a penny one.
Prisoner. Q. When you took the case from me, did I not tell you I was innocent, and did you not tell me to be off about my business? A. I did at first, as I wished to avoid the trouble of prosecuting you; but the officer said the case was so plain, he persuaded me to press the charge.
Prisoner. I told you it must have fallen from the counter under my arm.
Prisoner's Defence, I am quite innocent I assure you from my heart, I wanted a pencil, as I had got a good situation; I was going to buy a 5s. case, and a lead pencil; I asked him the price, and he showed me a tray; but they had not a penholder, and I said I would wait a few days and have one, but as to touching any other I did not.
GUILTY . Aged 25.— Confined Four Months.
GUILTY . Aged 31.— Confined Three Months.
(The prosecutor and prisoner being Italians, the evidence was explained by an interpreter.)
PIETRO MORO . I am a seaman, on board a ship lying in the London Docks. I met the prisoner in a public house twelve months ago—we slept in the same room—I cannot tell the exact day—I never knew him before—I went with him to another public house near the Docks—I took a handkerchief out—I had three sovereigns and 5s., tied in a corner of it—the prisoner could see it; he was by the side of me—I took it out to pay my reckoning, and at that time I separated the silver from the gold—after I took it out I put it in my waistcoat pocket—the prisoner snatched the handkerchief suddenly from my pocket—he ran away, and kept running from one street to another, on purpose to evade me—he got away—I saw him again last Monday evening—I have been in the mean time to Alexandria—when I met him, he said to me, "I think I know you, we sailed together"—I said, "No; but I knew you twelve months ago; you robbed me of three sovereigns"—he put his hand in his pocket to take out a knife to stab me, but he had not one—he ran away; a companion of mine stopped him, and an officer took him in the Docks.
Prisoner. Q. You lent me the money? A. No, I never lent it you.
Prisoner. Q. I came myself to you? A. No; you were brought by the prosecutor and another man.
Prisoners Defence. It is about thirteen months ago; I have been to America twice since; once was on board an American vessel, the other on board an Austrian vessel; he applied to me to know if I could make room for him on board the American vessel, as he was out of berth—on the Saturday I asked him, it being Sunday to-morrow, whether he could oblige me with the
loan of some money; he said, "How much do you want?" I said, "About 30s.;" he said, "You can have 3l. if you want it," and he lent me 3l.; I spent it all with drink and with females; I got so tipsy with the money that I lost the vessel that I was to sail in on the Monday morning; I remained on shore while the money lasted, which was four or five days; I then went to Bombay, which took me eight months, and I have been twice to Wales; I arrived on Sunday from Bristol; I walked here, and went to seek a vessel in the Docks, and it happened to be the same vessel the prosecutor was on board of.
GUILTY . Aged.— Confined Six Months.
MARIA URANIA ELIZABETH DYER GRAVES . I am the wife of John Graves; we now lodge in Grays Inn-lane. I did lodge at Miss Gye's, in Basinghall-street—I left there on 1st September—I left my dress hanging up in the room, and a carpet bag and writing desk were behind the door—I went the next night for the things—I found the bag and the writing desk under the bed—the bottom of the desk had been forced open, and I missed from the desk a gold pin with an amethyst stone in it—the carpet bag had been forced open, but there was nothing lost from that—I missed a black satinette dress, that had been hanging up, a watered silk cape, and two rings from a box in the looking-glass drawer, which was not locked—I have seen the dress since, it is the only thing that has been discovered—this is it—it had been hanging up in the room.
SUSAN GYE . I live at 62, Basinghall-street. The prisoner was in my service; she left me on 1st September—Mrs. Graves came the next day for her things—I had seen this dress lying folded up on the bed after Mrs. Graves had left.
NOT GUILTY .
Before Mr. Recorder and the Third Jury.
WILLIAM DIMSDALE . I keep a refreshment-room near Wellclose-square. On Wednesday night, 26th August, at near 12 o'clock, I was walking in Upper Thames-street—the three prisoners came to me—James Evans took hold of me (he was the worse for liquor)—he demanded my money or my life, and at the same time struck me; the other two prisoners were by his side—I cannot recollect what they said, but after James Evans seizing me, and striking me, and I resisting in the best manner I could, Mead raised his fist and struck me in the mouth—it was a more violent blow than I had had from James Ev'ns—after receiving the second blow I fell to the ground—after I had called, "Police!" some time, a stranger came and helped me—I gave the two Evans's into custody; Mead got away—John Evans did not do anything to me.
WILLIAM ROBINSON . On the night of 26th August, James Evans came up to me, with two others—previous to his coming to me he said, "That man owes me fourpence, I will stop him and have it"—I never saw him before—he came up to me and demanded my money or my life—as I was afterwards
going home, I heard a cry of "Police!"—I went to the place, and found Dimsdale and the three prisoners; Dimsdale was standing up, bleeding from the mouth—the two Evans's were given into custody—Mead escaped.
(MR. DEARSLEY here stated that James Evans and Mead would plead Guilty.)
JAMES EVANS pleaded GUILTY .
MEAD pleaded GUILTY . Aged 27.
(They received good characters, and were recommended to mercy by the prosecutor. To enter into their own recognizances to appear to receive judgment when called upon,)
JOHN EVANS.— NOT GUILTY .
HENRY ANSELL . I live in Turner-street, Shadwell. I was going home on the morning of 22nd of September—the prisoner offered to show me my way home—I knew my way, and did not want his assistance—there was another one with him—I went on my way—it was between 12 and 1 o'clock—when I came to a dark place, the prisoner seized me, and tripped me up; he said, "Charley, fork it; fork it!"—he got hold of my watch, but I got his head down—he could not get my watch—the chain was too strong.
DAVID JONES (policeman, H 162). I heard a cry of "Police!" between 12 and 1 o'clock, I went up and found the prosecutor who had hold of the prisoner—the prosecutor's watch was hanging out—I took the prisoner into custody—the prosecutor told me what had happened—the prisoner said he knew nothing about it.
Prisoner. This policeman said that he knew me to be in company with thieves. Witness. I have known him to be in company with thieves every night—he was sober—I have been on duty in Rosemary-lane, on and off about four years—I knew him twelve months ago.
Prisoner's Defence. This prosecutor asked me to show him the way to Shadwell; he made use of bad language, and assaulted me with his umbrella; I had the mark on my face; as to trying to take anything from him, I did not; I have been a month in charge of a lodging house; I told the policeman if he would go to the gentleman I pay the rent to, he would satisfy him; he told me I was a liar; as to his knowing me in company with thieves, it is utterly false.
GUILTY .— Confined Twelve Months.
Before Mr. Recorder.
GEORGE CARR , (policeman, K 7), On 13th of August I was called into the house of Mr. Tomlin, of Baleham-street, Plaistow—I found the prisoner lying on the bed with two children—she was tipsy—I took her in charge for cutting and wounding her daughter, Mary Ann—I told her the charge—she said, "I did not do it; she took the knife herself, and did it herself"—I had seen Mary Ann Tomlin before I saw the prisoner—she was lying in bed at Mrs. Parker's house—she had her head bandaged up.
Prisoner. You met me in the passage, and you went upstairs with me to take this shawl out of a drawer. Witness. No, I did not; I brought you downstairs—you were lying on the bed.
called by one of Mrs. Tomlin's children, between four and five years old—I went into Mrs. Tomlin's at a few minutes before 2 o'clock—I found Mary Ann Tomlin bleeding from a wound in the forehead—she was standing, with the blood running into a tub which was standing on the table in the kitchen—I would not be positive whether she was standing or sitting—the prisoner was bathing the child's forehead—I did not notice whether the little children were in the room, they might have been—I called in a person who was passing; she lives in Plaistow, but I do not know her—we took the child from the prisoner, and took her to Dr. Beale, the surgeon—the prisoner did not wish me to take the child; she laid hold of the child, and held her very tight—she resisted my taking her, and said the child should not go—I told her I wanted to take the child to the doctor; it must go to the doctor; and it was after that she laid hold of the child, and resisted very much.
Prisoner, You brought in Mrs. Smith with you. Witness. I do not know the person myself, only by seeing her in the village—I do not know where she lives—you did not say to me, "Here is an accident"—you resisted me by holding the child hard by the skirt of her frock—the child begged hard of you to let me take her to the doctor—she said, "Pray, mother, do let me go"—your little boy came to me twice—I did not come in at the first call.
JOHN EVANS BEALE . I am a surgeon, and live at Plaistow. Mary Ann Tomlin was brought to me about 2 o'clock on the 13th Aug.—I examined her—she had a severe incised wound on her forehead, apparently made with a sharp instrument—it was a long wound, with a flap to it, which I placed in its position, put a few stitches in it, and bound it round with a strap—it was a circular wound, in the centre of the forehead—I do not think there was any particular danger about it—it was a severe wound—I attended her till the wound got well—it got well in about a fortnight—she was not confined to the bed or the house—I desired her to be brought to my house to have it dressed—she could go about when the wound was bound up—she was brought to my house some of the times by Mrs. Humm—her mother never brought her—she lived at her mother's, but she was kept for the day at a neighbour's opposite my house—her forehead was cut to the bone—there is very little intervening there between the skin and the bone—the prisoner was brought to my house about two hours afterwards in a state of intoxicaton—I was before the Magistrate on 31st Aug.—the child was there, and was examined in my presence—I was before the Magistrate before that, but I had been very ill, and was forced to go away—I waited about two hours.
GEORGE CARR re-examined. The child was examined before the Magistrate on the Saturday week—she was not able to attend the next day after the occurrence, and the Magistrate only sits once a week—she was too weak to go the first time—it is a distance of three miles and a half—she was examined, but not on her oath.
MARY ANN TOMLIN . I am between eleven and twelve years old. I have been to school and can say my prayers—I know what will become of me if I tell an untruth—I remember receiving the wound on my forehead—my mother gave it me—there was a piece of hair hung over my eye; she took a knife to cut it off, and the knife ran into ray head—I am sure what I am saying is right—Mrs. Humm has been speaking to me about this—no one has told me to say that my mother was cutting my hair, and that the knife slipped against my forehead—I am quite sure that is the way it happened—my mother did it with force—she seemed as if she was chopping it off—she said it was frequently down, and she promised she would cut it—she was angry with me for letting it go down over my face—she held the hair in
her hand, and stretched it out and chopped at it—I am sure I did not do it myself—I am sure this is the same story that I told the Magistrate.
NOT GUILTY .
Before Mr. Justice Crompton.
MR. BRIARLY conducted the Prosecution.
SARAH JANE LAWRENCE . I am servant to Dr. Bunce, who lives at Woodford. On Sunday evening, 12th Sept., about half-past 6 o'clock I was passing through the hall and saw a man's shoulder in the pantry—I went back and looked, and saw the prisoner there—he put two forks in the breast of his jacket—I cannot say whether they were silver, as there were some plated in the box—I closed the pantry door—it had been open before—I saw him through the open part—he was trying to conceal himself behind the door which opened inwards into the pantry—I closed the door, and rang the dining room bell—it was a hand bell, which was standing close by the pantry door—on my ringing it Dr. Bunce came to my assistance—I told him there was a man in the pantry, and he held the door—a policeman came and took the prisoner into custody—I counted the forks in the box after the prisoner had left the house, and found I had the right number there.
Prisoner. I did not try to conceal the forks. Witness. He was certainly trying.
COURT. Q. Had you seen the number of forks before? A. Yes; they were put in the pantry in the plate box, and they were there when I counted them afterwards—I am quite sure I saw the prisoner with the forks.
JOHN STRUDWICK BUNCE . I live at Woodford, in Essex. On 12th Sept., about half past 6 o'clock in the evening, I heard the dinner bell ring violently—I went down, and saw Lawrence holding the pantry door—she said there was a man there—I held the pantry door by the handle, and looked in at the glass part of the frame—I saw the prisoner inside—he was drinking a glass of beer—I opened the door to look at him; I then shut the door and sent for a policeman, who came and took him—to the best of my knowledge, the front and back doors of my house were shut at the time, but I cannot swear it—they might have been opened five minutes before—I cannot say whether the pantry door was open, but a window in the back drawing room was found open—I cannot swear that it was not open before, but the ladies said it was not.
COURT. Q. Had you any talk with the prisoner at the station house? A. Yes; I asked him what induced him to be in the pantry, and he said that he had been drinking all the night, and he did not know what the deuce made him do it—I asked him how he got in the house, and he said through the back drawing room window—he said his name was Thomas Brown—I asked him how he knew that entrance into the house—he said he knew Woodford from a boy—my family was not in the back drawing room—we were at dessert, after dinner, in the dining room.
HENRY GROVER (policeman, K 251). On Sunday, 12th Sept., I was called to Dr. Bunce's—I saw the master and the servant close by the pantry door—the servant was holding the pantry door—I came to the pantry door and opened it—I saw the prisoner with a cheese knife in his hand, and he brandished it—I then shut the door, and looked at him through the window—he threw the knife down, and I opened the door and took him into custody—I found this knife (produced) on the floor—I could not swear that this is
the knife he had, but it was a knife like this, and from the position in which I found this on the floor I believe it is the one he had in his hand.
GUILTY of stealing only.— Confined Six Months.
Before Mr. Common Serjeant.
GUILTY . Aged 18.—Recommended to mercy by Prosecutor, and a witness engaged to find him employment.— Confined Fourteen Days.
MR. ROBINSON conducted the Prosecution.
ELIZABETH PALMER . I am the wife of Aleph Palmer, of Walthamstow. The prisoner came into our service about 21st July; she received warning, and was to leave on 21st Aug.—on that evening, just before she was going, I requested her to take her things out of her box—she went and unlocked it very reluctantly, and I said, "Emma, I wish to know the contents of your box"—she said, "It is unlocked, you can look in"—I said, "No",; you shall take the things out"—she took out five yards of plum coloured silk, two pocket handkerchiefs, one pair of stockings, and three yards of ribbon (produced)—I said, "They are not yours," and she said, "No, they are not"—they are my property—there were three handkerchiefs taken out, but one of them turned out not to be mine—I gave it up, and the Magistrate said it was not to be introduced—on turning from her box I raised the pillow of her bed, and found this silver (produced) tied up in a piece of paper, and there was another piece of paper in this, containing 3s. 1/2 d. in an envelope—there are some broken up spectacles among this silver—they were not broken up when she came into the service, they had one glass out, I have known them forty years—here is a tea caddy spoon with a crest on, which is mine, I can produce others like it—I gave the prisoner into custody that night, and on the following morning in an adjoining room, I found a silk handkerchief, a scarf, and a shirt, in a box under the bed, and on the table under some cuttings which a dressmaker had left, I found two teaspoons and a pair of spectacles which I had been asking the prisoner for for some time—I found part of a shirt, and a small tablecloth placed under the dirty linen—I have also lost a silver cream ewer, and a dessert spoon, and a quantity of velvet, which have not been found.
Prisoner. I told her after a week that she did not allow me half enough to eat, and the coals were locked up, and she asked me to stop several times.
Witness. I did not—she asked me to allow her to stop a week after her time—on 13th she asked me to allow her to go out, and I said positively I would not be left alone, and Mr. Palmer was out on business—after that she left the house and did not return till after 10 o'clock at night—when Mr. Palmer came home, I was very ill—he was very angry, and next morning he spoke to the prisoner, and asked her to take her money and leave.
ALEPH PALMER examined by the prisoner. Q. Did not you tell Mrs. Palmer if I left, I should not have a halfpenny for while I had been there? A. I said you deserved it, but I said you could take your wages and leave,
as you were under no control; that was in consequence of having left Mrs. Palmer alone.
Prisoner's Defence. I believe Mrs. Palmer is in the habit of getting rid of her servants in that way; whoever may rob her, she accuses her servants of it.
JURY to ELIZABETH PALMER. Q. Was the box corded? A. No; it was waiting for the remainder of her things—I never noticed whether she kept it locked—it was in her bedroom—two years ago I had a servant who robbed me, and I found the things under her pillow, and that induced me to go there this time—the prisoner had free access to food whenever she wanted it—my last servant was with me ten months.
The prisoner received a good character.
GUILTY . Aged 30.—Recommended to mercy by the Prosecutor.— Confined Six Months.
THOMAS WATKINS (policeman, K 310). On 14th Sept. I was on duty near the East India Docks, and met the prisoner and another man—the prisoner was carrying this brass engine-bearing in a basket—I followed him into a beer shop—he then came out and stood at the door, and beckoned to a marine store dealer that I knew, and that caused me to have a strong suspicion he had something in the basket which was on his back—I felt it, it was heavy, and I said to him, "What have you got here?"—he looked at me, and said, "A bit of braes; my foreman gave it me to take to the foundry; come back to the beer shop, and I will show you"—I went back, he pointed out a man, and said, "That is my foreman"—I said to the man, "Is this your property in this basket?"—he made no answer—I said, "Come, let us know?"—he then said to the prisoner, "You take it where I told you"—I said, "If you are his foreman, why don't you come with him?"—he made no answer, and I said to the prisoner, "You were going to take it to a marine storeshop, and I shall take you to the station"—he said, "Don't take me there, and I will take it to the foundry, where I was ordered to take it"—he then took me to Mr. Stewart's brass founders, at Black wall—I there saw a gentleman belonging to the foundry, and asked him in the presence of the prisoner whether he had done any work for Mr. Peto, and whether he was casting anything for him—he said he had not done any work for him, and said, "Oh! that is stolen, no doubt; you be careful of the prisoner, and take him to the station house"—I took him to the station, and then went after the man he called the foreman, but I have not been able to find him—I have ascertained he was not in Mr. Peto's employ—I have compared this brass with an engine, and find the mark "Z" on it corresponds with a "Z" on the engine.
PETER STEWART . I am an engine fitter, in the service of Peto and Betts. I am a foreman—Watkins brought this brass to me on 15th Sept.; I compared it with an engine, and it corresponded exactly—the prisoner was at work there on 14th—Mr. Lovegrove was the prisoner's foreman—this bearing was not missed till Watkins brought it—it is the property of Samuel Morton Peto and Edward Betts.
Prisoner's Defence. The gentleman the policeman saw me with, asked me to bring it to Black wall, to Stewart's foundry, and just as I was going out the policeman took me.
GUILTY . Aged 32.— Confined Three Months.
Before Mr. Recorder.
GUILTY . Aged 39.—Recommended to mercy.— Confined One Month.
GUILTY .— Confined Two Months.
Before Mr. Common Serjeant.
KANE pleaded— GUILTY . Aged 16.
BLANEY pleaded GUILTY . Aged 17.
Confined Twelve Months.
MR. PARRY conducted the Prosecution.
ELIZABETH CAMPBELL . The prisoner is my brother—in the beginning of this year Mr. Bratt, in whose service I had been many years, opened a shop for me in boots and shoes—my brother had been a boot and shoe maker, and in consequence of that I took him into my service to manage the business—he was in great distress, and out of employ, and told me he was starving—except in managing the business he did not in any way add to the sales—owing to his conduct the business did not prosper, and I was compelled to give it up—on 24th April I went to the house several times, in order to induce the prisoner to quit possession, but could not get in; and he threatened me with the knife and hammer, and to break my head—I then went with a possession-man from the County Court—I sent him to knock at the door, because I knew if my brother saw me he would not let me in—he got in, and I followed him—directly we got in my brother took up a boot tree, and threatened to break the man's head with it—the man was turned out, and I was left—my brother then took a ball of wax that was lying in a tub of dirty water, and said, "Look here, you b—y w—e, I will make you eat that for 2d."—I sat down in a chair, and said I should stop till I got some one to assist me, and then he swore again at me, came behind me, and took hold of me round the arms and shoulders to thrust me out—his wife was present hallooing out very bad language, and encouraging him to turn me out—he then took hold of me very violently, and threw me on the floor on to a lot of shoemakers' lasts, where I fell, and was very much bruised—I got up and sat down again, and he took my shawl off me, and threw it out into the road, and at last he took hold of me again and thrust me out into the street, he kicked my bonnet, and he bruised my arms very much.
Prisoner. Q. What authority had you to come and take possession of the place? A. I was tenant of the house, and wished to give up possession to the landlord.
JURY. Q. Did you receive any rent from the prisoner? A. No; there was no agreement between us—he would have received some compensation if the business had answered—I clothed and fed him, and he was paid for what he did.
MR. PARRY. Q. From time to time did you give him money to take things out of pawn? A. Yes; after this I showed my person to Mrs. Galium, and she advised me to go to a surgeon.
WILLIAM STAPLES EDWARDS . I am a surgeon, at Eltham-place, Dover-road. In April last the prosecutrix came to me—I examined her—there was a severe bruise on the buttock—it would have been very serious if it had not been for her clothes—she complained of great pain—I attended her for about a week, during which time she suffered from it more or less—she is well now.
(The prisoner put in a written defence, stating that Mr. Bratt had opened the business for him, the prisoner; that after about six weeks the prosecutrix, who lived with him, had written to Mr. Bratt, and he had sent and sold the stock by auction, for which he, the prisoner, had brought an action against Mr. Bratt, which was still pending.)
The prisoner called
FRANCIS JOHN WEALE (policeman, R 2). On 24th April, between 3 and 4 o'clock, I was in New Cross-road, a female, who I believe was the prisoner's wife, came to me, and I went with her to this house—I found them talking together very loudly, and the prosecutrix requested I would put the prisoner out of the house, and the prisoner requested I would put the prosecutrix out—finding it was a dispute as to right of tenancy, I would not have anything to do with it, and went out, and fearing there might be a breach of the peace in the open street, I remained a short way off, after waiting a little time I saw the prisoner put his sister out of the house, and I told her she had better consult her solicitor, and get possession by other means—she was then evidently the worse for liquor, and I told her so at the time—the prisoner had his arms round her waist when he put her out—there was a summons taken out by the prosecutrix, and I attended, and gave the same evidence that I have to day—there were one or two adjournments, and it was ultimately discharged or dismissed—I was not present myself, but there was no committal.
STEPHEN NORTON . I am a licensed victualler. This house is right opposite mine—on 24th April, between 2 and 4 o'clock, the prisoner's wife came to me, and asked if I had seen a policeman—I went to my back yard, which is right opposite their place, and the wall is very low—I was just ten yards off them, and I saw the prosecutrix and Mrs. Campbell quarrelling and fighting, and Mrs. Campbell put out the man the prosecutrix had taken in, and the prisoner put the prosecutrix out—they were pushing one another about, and the prosecutrix was very much excited, and likewise under the influence of liquor.
Cross-examined by MR. PARRY. Q. Does the prisoner frequent your public house? A. No; I swear that—he has been in it, but very seldom—I am right opposite Mr. Bratt's public house—I am not a rival publican to Him that I know of—the prisoner's door was shut, but the shop window is very large—I was exactly ten yards off them—(Catchsides was here called in) I do not know him—I did see him there that day—I did not tell him the other day that if I had been Mr. Campbell I would so have served her out that she would not have been able to attend and give evidence—I did not say anything of the sort—I saw him on Monday, and said, "You are the man that was in the house?"—he said, "Yes"—I said, "If you had come into my house, I would have put you out."
JANE HULBERT . I was present at the transaction—it was on a Saturday, but I do not know the date—I live at No. 3—the prosecutrix brought a strange man, and when they opened the door, he said he had come to take possession of the house—there was so much noise with the boys who came that I could not hear exactly what was said—the man went in, and the prosecutrix followed him, and she wrestled about with Mrs. Campbell, and there was a
piece of wood across where the prisoner works, and she knocked that down—I could see her mouth going about, but could not hear what she said the man struck at Mrs. Campbell first, pulled her hair, and struck her cap off, and the prisoner and prosecutrix went on as though they were righting, but the prisoner never struck the prosecutrix—she began to take up the things and throw them about—there was a tub of dirty water, and she put her foot to it, and threw it all over the shop—I did not see the prisoner go to it at all—I did not see any piece of wax—the prosecutrix shoved that over about ten minutes after she got in—the prisoner caught hold of her round the waist, and with her thrusting, they both fell on the lasts—they then got up again, stood a minute or two, and then she went and put her foot to the seat, and it flew; and she came and took hold of him, and he went against the mantelpiece, and hurt his side very much, and was ready to faint—after that he took hold of her two shoulders, and put her out of doors.
Cross-examined by MR. PARRY. Q. Where did you stand? A. At the corner of the window—the door was shut all the time the prosecutrix was there—I do not know whether it was bolted—the shop was closed; it had been for some time—I do not know that the prisoner keeps the door shut, and looks out at the window before he opens the door—I know nothing of them—I have seen them since this happened—I was at the police court.
FREDERICK CARSTELL . I am a labourer. I believe I saw most or all of this business; it was on 24th April—I was standing at the corner of the street—I heard a man knock at the door, and the prosecutrix was close behind the man—the door was opened, the man went in, and the prosecutrix followed him—there was another door inside, that goes into another part of the house, the prosecutrix laid hold of the handle and began to shake it, and I saw the prisoner take her round the arms—she began plunging—what he said or she said I could not hear, as I was outside—I saw the prosecutrix pick up a pair of clamps, like tweezers, and she was going to strike him, and he took them out of her hand, threw them out into the street, and I picked them up—I saw the prosecutrix come out of the house and walk away—he unloosed her inside the doorway, and she walked out; she was not put out by anybody—he had hold of her to the door, and then she came out, but he never lifted or pushed her out.
Cross-examined. Q. You do not know the prisoner at all? A. No more than seeing him; I have not known him more than nine or ten months—I never drank with him—the outer door was open part of the time, and there was a pane of glass broken in the window by something which the prosecutrix threw.
MR. PARRY called
ELIZABETH CAMPBELL re-examined. I did not, at any time, take hold of the pail, or attempt to do anything with it—I had not drunk at all that morning, and was not intoxicated—I was very much excited—I was with Catch-sides about half an hour that morning—I called at his house for him.
ROBERT CATCHSIDES . On 24th April I went with the prosecutrix to this house—I saw her for about half an hour before we got to the house—she was not at all intoxicated, if she had been I would not have gone with her—I went to get peaceable possession, I failed, and was turned out—I then stood at the window, and saw the prisoner catch hold of the prosecutrix and throw her upon these lasts—the witness Norton said to me, that if he had been in Campbell's case I should not have been here to say anything about it.
Prisoner. Q. What authority had you to walk into my place? A. Miss Campbell said it was her house, and told me to be careful, or I should be ill used.
—BRATT, JUN. I am the nephew of the owner of this house—he resides at Hastings, and I manage his business—Elizabeth Campbell was the tenant of this house—the prisoner has worked for my uncle as a shoemaker—he was never in his service—the prosecutrix was in his service ten or eleven years, and in consequence of her long service my uncle put her in this shop and stocked it for her.
Prisoner. I took her round the waist, and in attempting to put her out we both fell on the lasts, she pressed me against the stone mantelpiece and injured my side very much; all I did was in my own defence.
GUILTY . Aged 34.—To enter into recognizances to appear and receive Judgment when called on.
MR. REED conducted the Prosecution.
SARAH JUDGE . I am the wife of Thomas Judge, a fisherman, of East Greenwich. On 12th Aug., when I went to bed, I left some clothes in a basket on the table—there were two chemises, three pairs of stockings, and several other articles of dress—I missed them next morning, and the window was half open—some of them were brought me next afternoon by White—these are them (produced)
JOHN WHITE (policeman, R 180). In consequence of information, I went to 4, Alfred-place, East Greenwich—I found the prisoner there, and asked him whether he lived there—he said he did—I searched the room downstairs, and found these articles and a basket in the yard—the prisoner was not at home—I took them to the prosecutrix, and then returned and found the prisoner there—he said he knew nothing about them—his sister was present, and I said, as these things were found in her house I must take ber to the station—the prisoner said, "It is no use your doing that, for she knows nothing about it; I picked them up this morning"—I then took him into custody.
NOT GUILTY .
ANN LOVE . I am in the service of Mr. John Sainsbury, of Croom's-hill, Greenwich. On 16th July, about 4 o'clock in the afternoon, the prisoner came—I had seen him once before—I opened the door to him—he asked if Mrs. Sainsbury was at home, and I took him upstairs into a sitting room—I saw Mrs. Sainsbury go into the room with him—she afterwards came out, leaving him in the room, and asked me to get some water—I took the water—Mrs. Sainsbury gave it to him, and he was let out of the house—about I that day I had dusted an opera glass, which was lying on some books on the bookshelves; it was in a case—I know the case of this opera glass (produced)—I will not swear to the glass, I never opened it—I am quite certain the prisoner is the person.
Prisoner. Q. What time was it? A. About 4 o'clock, or a few minutes before 4.
JOHN WATT . I conduct Mr. Smith's business, a pawnbroker's, at Greenwich. On 16th July, about 3 o'clock in the afternoon, a person of about the stature of the prisoner, but I will not swear it was him, brought an opera glass,
and I lent 12s. on it—it was pledged in the name of John Thompson, Black-heath—it was redeemed a few days after by a person I know; it was not the prisoner—it was redeemed with the ticket, of course—this is the same sort of opera glass, but there are a great many the same.
MEYER DRUKER . I am a clockmaker. On 21st July I was sitting on a seat in St. James's-park—the prisoner was there also, and talked to me about a clock of mine—he wanted me to buy some tickets, and I bought this one (produced) of an opera glass—I gave it to my brother Barnard the same day.
Prisoner. Q. What other ticket did you buy? A. One for a draft board; I cannot read English, and I asked you what this ticket was for, and you said for a watch, like the one I had, with two cases.
Prisoner. Q. How can you swear that is the ticket? A. It is the same name, and the same writing.
EDWARD CHALLIS . I am assistant to Mr. Delaney, pawnbroker. About the middle of July the prisoner offered a double opera glass in pledge at our shop—I did not take it—I cannot swear that this is the one.
EDWARD HINE (policeman, A 52). I took the prisoner, and said, "Your name, I believe, is Parker; I take you into custody on suspicion of stealing an opera glass from Mr. Sainsbury's, Croom's-hill, Greenwich"—he said his name was not Parker, and he knew nothing about it—I found these three duplicates (produced) concealed in the lining of his hat.
Prisoner's Defence. The first witness swears it was 4 o'clock, and the pawnbroker says I pledged it at 3, and be will not swear it is the same glass; Meyer Druker says he gave the ticket to his brother the same day, and in the depositions he says the next day.
GUILTY .* Aged 20.— Confined Six Months.
REBECCA BARR . I am the wife of John Barr. On 31st Aug., between 6 and 7 o'clock in the evening, I was going into the Pavilion Gardens, at North Woolwich, and saw the prisoner there—I had a gold watch with a chain to it, which was round my neck, and a bunch of coral trinkets—the prisoner snatched my watch from my side, and broke it from the chain—I caught hold of his arm, saw the watch in his hand, and said, "You little villain, you have got my watch"—he said, "Me, ma'am?" and while I held his arm he dropped the watch into the side pocket of a man who was standing before me, I took it out immediately—he then turned round again, and snatched my chain from my neck—it had been separated from the watch by his snatching the watch; the ring of the watch had broken—he got the chain and ran away with it in his hand, and a gentleman in the crowd ran after him, brought him back, and he was given to a policeman—he dropped the chain a few yards from where I was, and my daughter who was with me picked it up—this is the watch and chain (produced)—the Magistrate ordered them to be given to me.
Cross-examined by MR. COCKLE. Q. Is your daughter here? A. No; they said they could do without her—the gentleman who ran after the prisoner is not here—I was not in the crowd—the prisoner ran in a direction from the crowd towards the railway train—I did not lose sight of him.
GUILTY .*† Aged 15.— Confined Twelve Months.
SARAH WHITEWOOD . I am single, and am a laundress. I employed the prisoner on 19th July to carry home clothes for me—I employed him again on 24th, Saturday, and directed him to receive 10s. for me, which he was to bring me—he did not bring me any money, and did not come again—on the Monday following I went to the house I had engaged him from, saw him, and asked him what he had done with my 1s.—he told me, to tell me the truth he had been robbed of it—he pushed me on one side, ran away from me, and I did not see him again till he was in custody—after be ran away I told a policeman.
Prisoner. Q. Did not I say the lady gave me no money, and ask you to come down with me, and you said you would call a policeman? A. I asked what you had done with my 10s., and you said you had been robbed of it, and pushed me on one side and ran away.
CAROLINE HILL . I am servant to Mr. Pratt, of Greenwich. Miss White-wood washed for us—on 24th July the prisoner brought some linen, and I paid him three half crowns, two shillings, and a sixpence for Miss Whitewood.
WILLIAM FORD (policeman, R 225). I took the prisoner on another charge on 14th Aug.—I told him I believed he was charged with embezzling 10s. from Miss Whitewood—he said he knew nothing about Miss Whitewood.
Prisoner. I told you I knew nothing about the money; I did not know her name at the time.
GUILTY . Aged 18.— Confined Four Months.
Before Mr. Common Serjeant.
FOSTER pleaded GUILTY . Aged 19.— Confined Six Months.
HANNETT pleaded GUILTY . Aged 22.— Confined Eight Months.
MESSRS. DAWSON and Lillet conducted the Prosecution.
MARY PARR . I am the wife of Henry Parr, a grocer, of Trafalgar-road, Greenwich. On Saturday evening, 11th Sept., the prisoner came, about 8 or 9 o'clock—I saw her sitting in the chair by the counter, in our shop—she asked for three ounces of tea, and two half pounds of sugar—I served her—she tendered a sovereign in payment—I looked at it—it was bad—I gave it to my husband, who was in the shop at the same time—he weighed it and bit it—he threw it back to the prisoner, and said, "It is a very bad one, Mrs. Chapman"—the prisoner put it into her purse, and then left the shop—she did not take the articles which she asked for—I offered to trust her with them, but she left them.
Cross-examined by MR. ROBINSON. Q. You have known her living in that street for several years? A. I cannot say in that street, but I have known her; I know she had been employed at the Naval Asylum at Greenwich, but she was not at that time—I never knew her a widow—I do not know her present husband, but I heard he had left her.
wife—I saw it presented in payment by the prisoner—I weighed it, to prove its deficiency—it was bad—I bit it, and threw it back to the prisoner—I told her it was a very bad one—she said it was the last of a 5l. note, or the last 5l. note she had changed, at Mr. Toplin's—this is the sovereign—I marked it in the prisoner's presence—I afterwards gave information to the police officer.
Cross-examined. Q. Will you swear that the prisoner did not say a 10l. note? A. Yes, I will.
JOHN SPRING (policeman, R 49). On the evening of 11th Sept. I went to Mr. Parr's, and, in consequence of what he said, I went in search of the prisoner—I found her in the first floor of 13, East-street, Greenwich—I said to her, "Where is that bad sovereign that you uttered to Mr. Parr a few minutes ago?"—she said, "I don't know where it is; I cannot find my purse"—I said, "I shall have you searched if you don't find it"—she then produced the purse—I have it here—I found in it two bad sovereigns—I asked her how she became possessed of them—she said they were the remaining two of a 5l. note that she had changed at Mr. Toplin's, the grocer—I asked if she had any more bad money—she said she had not—I took her into custody—I then returned to her lodging, and found, in a drawer of a chest of drawers, this reticule—in the top part of it I found two good sovereigns, and some silver; and in this other compartment of it, nine bad sovereigns—I afterwards saw the prisoner, and showed her this bag—she said it was hers.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. These two sovereigns found in the purse are counterfeit, and from the same mould—four of those others are from one mould, and the same mould as the two in the purse—here are four others, of the date of 1842, from one mould, and one of 1850, all counterfeit.
GUILTY . Aged 50.— Confined Twelve Months.
Before Mr. Recorder.
GUILTY . Aged 19.— Confined Twelve Months.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
JAMES LODGE DE MONTMORENCY . I am a clerk in the Steward's department at Greenwich Hospital. The prisoner was a messenger in the Secretary's office—on Wednesday morning, 15th Sept., I went into the Steward's office—there are three other clerks employed there besides me—neither of them were there—there is a rail partition there, and, on looking through that, I saw the prisoner on his knees at the desk—as you enter, the body of the office is railed off, and inside this rail partition is the desk—the prisoner was on his knees at the lower drawer of the desk—the drawer was open—the old gold lace is kept in that drawer, which has been taken from men who have been dis-rated or who die—it is there to be used again—I saw the gold lace in the prisoner's hat, which was between his knees and the drawer—there might have been a little gold lace left in the drawer, but it was very little, if any—the prisoner heard a noise, I suppose I disturbed him when I came in, and he emptied the lace out of his hat as hastily as he could, and he got up—I said, "What are you doing there?"—he rose up, and said, "I am come for
the vacancies"—on that day we report the number of vacancies in the hospital for the information of the Admiralty—the prisoner would be sent for those documents—they are printed and written documents—I believe the printed forms are kept in the second or third drawer of that desk, but it was not exactly my duty to attend to them—the drawer the prisoner was at was the lowest drawer—on his getting up and saying that, I told him to leave the office—he fell on his knees, and begged for forgiveness—I merely heard the word "mercy"—I could not distinctly hear anything else that he said—he said nothing before he fell on his knees, and I said nothing to him only, "Leave the office"—when he fell on his knees he put his hands together—I told him I should be obliged to name it to the steward—he then left the office—I think the lace that I saw in his hat would be worth a guinea or 30s.—I recognise this piece (looking at it) at a piece I had seen in his hat—he had been sent for papers before; I have been in the office, when he came for them, but on that day he could not have them, because the man would not arrive with the dead notes till about 11 o'clock, and at that time no such documents were attainable—on former occasions, when he has come for these documents, they would be filled up by one of the clerks, and given to him.
Prisoner. Q. Are not the vacancies on Monday and Wednesday given before 11 o'clock? A. The Monday's vacancies are always given as soon at the office is open, but not the Wednesdays—I do not know what time Mr. Gay has sent you to get the vacancies—I do not know that I have ever seen you in the office before 10: I do not see how you could get in—I cannot undertake to say you have not been there before 10—I should say there was from 1l. to 30s. worth of lace in your hat, when I saw you stooping down and putting it in.
Prisoner. I was in the act of searching the drawer.
COURT. Q. Was he in the act of searching? A. He did not appear so: he had no right to be there.
Prisoner. I told you that Mr. Gay sent me for the vacancies, that I was not stealing the lace, I was merely looking for the vacancies. Witness. I do not recollect bis saying that Mr. Gay bad sent him, and that he was looking for the vacancies—I cannot swear that he did not.
Prisoner. Mr. Gay sent me twice during the morning for the vacancies—you say that I went on my knees to beg pardon—I kneeled down and said, "I am as innocent as a baby that has not been born;" I hoped you would take no notice of it. Witness. I will swear he did not say he was innocent; he begged for mercy.
COURT. Q. You say you only distinguished the word "mercy," are you quite sure that the other words which you did not hear, were not what he has said? A. No.
Prisoner. Q. What timer did you take the lace out to take to the police office? A. The policeman came in on the Thursday about 2 o'clock—the drawer had never been disturbed after I closed it—orders were given that the drawer should not be disturbed—the office is never opened till 10 in the day.
COURT. Q. Who opens it in the morning? A. The messenger, not this man.
Prisoner. Q. Is not your office open for the messengers to clean at half part 6 o'clock every morning? A. That I don't know; when I go at 10 o'clock in the morning it is open.
COURT. Q. Is this gold lace kept in an unlocked drawer? A. It is, because it is so often used.
MR. BODKIN. Q. The business of the office begins at 10 o'clock in the morning, did you remain in the office till it was closed? A. Yes, at half past 4—no one interfered with the drawer during that time—I went the next morning at 10—no one disturbed the drawer till the policeman came—I do not recollect that the prisoner said he was perfectly innocent, and begged me to take no notice—I heard him say with hfs hands up, "Mercy, mercy!"—I am sure he did not say, "I am quite innocent, and therefore show me mercy"—I should have heard it if he had, I was very close to him—when I told him I must report it to the steward, he was still on his knees; I did not bear him say anything.
COURT. Q. You say that on Mondays he used to come to the office, as soon as the office was open? A. Yes; we used to make the vacancies out, and give them to him—he would remain in the body of the office—he would have an opportunity of seeing the clerk take the printed blanks, not from that drawer, but the second or third drawer—it was in that department where the blank forms are kept that I found him kneeling—the prisoner was messenger to the secretary—there is also a messenger to the steward's department—I did not see him that morning—it was his duty to wait in the ante-room, and come in the office when the bell was rung for him—I do not know whether he was there that morning—it is part of his duty to see who goes in and out—the secretary's office is in the same part of the building—it is upstairs over our office, which is on the ground floor—the 15th Sept. was on Wednesday—on Wednesdays we wait till the Infirmary dead notes arrive—we enter them, and fill up the number of vacancies we have altogether, and they are taken to the steward to be signed—the report from the Infirmary usually comes from half past 10 to 11 o'clock—on Mondays we are not so particularly accurate as we are on Wednesdays—on Mondays we do not wait for the report from the Infirmary, and on Wednesdays we do—the prisoner had been messenger in the secretary's office, I believe, between five and six years, and I believe he had held an appointment before that, the situation of boatswain's mate in the Infirmary—the appointment of messenger to the secretary was a promotion—those appointments are given, if a man behaves himself well—none of the drawers were locked—there are generally four clerks in that office—their proper time for coming is 10 o'clock—when I saw the prisoner there it was between ten minutes and a quarter past 10.
GEORGE GOODE . I am inspector of police to Greenwich Hospital. On 16th Sept. I took the prisoner in custody, at his residence in Clark's-buildings—I said to him "Crawley you know what I have come about; I have come about the gold lace"—he said "Mr. Goode, I am asinnocent of it as you are"—I took him to the station, and then to the Steward's office—I took possession of the lace, and bring it here.
Prisoner. You know it was thirty hours after when you took me, and there were upwards of fifty different lots of lace there. Witness. It was the next day.
COURT. Q. Did you take'the lace out of the drawer? A. Yes; this produced is a portion of it—I think there were not as many as fifty pieces there—here are three bundles—I do not know how many pieces there are in each—there was a drawer about a foot wide, and nine inches deep, and I suppose the drawer was half full—there were papers in the drawer which appeared to me like bundles of papers tied up—I did not touch papers, only the lace.
COURT to MR. DE MONTMORENCY. Q. What are those papers in the drawer? A. I do not know of any papers—it is not my desk, but Mr. Doniville.
EEWARD ACHESON DONIVILLE . I am a clerk in that office—there are drawers in the desk at which I transact business—there are eight drawers, four on each side, one above another—none of them are locked—this gold lace was taken from one of the drawers where it was usually kept temporarily—I cannot say how long this had been there—I had only returned the day before—when a man is disrated, the lace is put there for a day or two to see if it is wanted for another, and if it is not it is taken to the store, and locked up—the papers that were in that drawer were not forms of vacancies, they were forms of vouchers; they do not at all resemble the forms of vacancies—I know of the prisoner coming to that office for forms of vacancies, but not that morning—he had been in the habit of coming for them for four or five years—I have seen him there about once a week—he did not go to the drawer for them; I gave them to him—they were always kept in the same drawer—I suppose he knew where they were kept by his seeing me take them out of the drawer so often—he would know they were in that drawer—I do not know when this gold lace was put in the drawer, for I had been away a month.
COURT. Q. Who did your duty for you? A. The different gentlemen in the room, the other clerks—there are regular places for all the articles—, there was one drawer for those forms—I never recollect the prisoner taking any of them out of the drawer himself—I went to the office that morning at half past 9 o'clock—I then went out again—I merely went to get some papers—I came in again about 2 o'clock—one of the other gentlemen would make out the vacancies that day in my absence—I did not leave any directions to anybody to do it for me.
Prisoner. Q. Was not the lace kept in the top drawer as you turn towards your desk? A. No; the bottom one.
Prisoner. I was stooping and looking for the vacancies, and the lace fell in my hat.
COURT to MR. MONTMORENCY. Q. If you thought he was stealing this lace why did not you seize him at once? A. I thought my proper course was to name it to the head of the office.
Prisoner's Defence. I was sent by the under Secretary for the vacancies; I went in, and there was nobody there; I went and told my master; he said, "Very well, look out when there is;" I stopped a few minutes; I then went and looked in two or three drawers; they were all empty; I went to this drawer, and two or three little bundles fell in my hat; this witness came and asked what I was doing; I said I was looking for the vacancies; he said "You are looking for the gold lace;" I said, "No; I am looking for the vacancies, Mr. Gay wants them directly;" I went on my knees and said, "I am as innocent as you are;" I got the vacancies about twenty minutes after, and took them up; I did my business that day and went home; I went again the next day, and when I went home Mr. Goode came, and said, "You know what Iam come about;" I said, "I suppose about that gold lace."
NOT GUILTY .
MARGARET ALLANDAY . I live with my uncle, William Thomas Spiers, a builder in Powis-street, Woolwich. On Tuesday, 17th Aug., I shut up the lower part of the house—I shut the window of the kitchen, there is no fastening to it—I went to bed between 10 and 11 o'clock—I was not the last person up, Mr. Spiers was up after me—I was the first down the next morning
—I went to the kitchen window about half-past 6—I found the window wide open, it had been slidden back—I missed from the kitchen two shirts, and two pair of stockings, which I had seen on the Tuesday morning—these are the shirts; I made them—these stockings are the same sort as my uncle had.
JOHN NEWELL (policeman, R 340). On Thursday morning, 19th Aug., I was on duty in East Greenwich, about half-past 10 o'clock—I saw both the prisoners walking across the road—I took Gill into custody in consequence of information—he had a small bundle in a little bit of a cloth—I asked him where he got the shirt that he was then wearing—he said he bought it in London, he did not know where—the prisoners were then taken into a public house, and the stockings were found on them—I told them they were charged with stealing these shirts and stockings from Mr. Spiers, in Powis-street—Gill said, "Very well"—one shirt and one pair of stockings was found on each of them.
WILLIAM GLADWIN (policeman, R 122). I took this shirt off Bryant—Bryant said somebody had come it on him—he said, "We got them out of the kitchen." (Bryant was further charged with having been before convicted.)
THOMAS CAMPBELL (policeman, R 146). I produce a certificate of Bryant's former conviction at this Court—(read—Convicted llth June, 1849, of stealing two pair of boots, and confined six months)—he is the person, he has been summarily convicted since then.
BRYANT— GUILTY . Aged 16.— Transported for Seven Years.
GILL— GUILTY . Aged 16.— Confined Six Months.
Before Mr. Common Serjeant.
968. WILLIAM CLARK was indicted for a burglary in the dwelling house of Melchior Amberg, and stealing 3 account books, and other articles, value 5l. 4s. 4d. and 1l. 13s. 10 1/2 d. in money; his property.
MELCHIOR AMBERG . I keep a public house at Deptford. It is my dwelling house, and is in the parish of St. Paul, Deptford—on 20th Sept the prisoner and some other persons were in my skittle ground—when I cleared the skittle ground, about a quarter past 12 o'clock, they went away—I had seen the prisoner before: he left the house loitering behind, when the three young men who had been with him went away—after I had searched that no one was in the house, I went to bed—before I went to bed, I myself fastened the whole house, both doors and windows—about a quarter past 6 in the morning, I was called up by my sister in law—she sleeps in the back room looking into the yard—I went to a back window which looks into a back yard—I saw the prisoner in the yard in the act of unbolting a door which leads into a smaller yard, and there is another door which leads from that smaller yard into a public passage, which leads into the street—I ran downstairs, and found the door open at the top of the cellar stairs which I had fastened the night before—I found five bottles, three of which were broken standing on the steps of the back door—one of the bottles was filled with gin—the prisoner had opened the door leading to the public passage—I went after him, and overtook him—I asked him what he had been doing in my yard before my house was open—he appeared to be intoxicated, and said, "I have been tossing him for a pint"—I left him, and went back to my house, and saw besides the bottles of spirits that there was other property missing—I missed from the till about ten shillings—there was 5s. in sixpences, and 4s. 6d. in copper, and 15s. in three packages of copper, from the mantelpiece in the bar parlour, and about 7s. 6d. loose, which stood on a hydrometer, I found the chief part of the hydrometer was gone, and some cigars, and two sixpences and a shilling from a desk—the house had been entered by a back
cellar flap, which I had left open that right—the flap coven the window—there is no glass—the flap was left quite open, but the prisoner could not have entered the premises but by a window in the skittle ground—he could have got into the house by the cellar flap being open—immediately I had ascertained what I had lost I took an officer, and went in pursuit of the prisoner—he was taken, and I accompanied him to the station house—we found all the property in the prisoner's pockets—this is it (produced)—this is part of the hydrometer which was found on the prisoner—these cigars were found on him, and this prayer-book, which I know was in my house—this is the money.
Prisoner. You did not see me in any part of your premises. Witness. I saw you in the skittle ground after the others had left my premises; and I saw you in the morning, certainly.
COURT. Q. What is the value of what you lost? will you swear it was worth 5l.? A. I do not think much above 5l.; but if I had to replace the hydrometer, it would cost me more than that—it cost 4l. 10s.
JOHN JENNINGS (policeman, R 263). On the morning of 20th September, about five minutes before 7 o'clock, I was on duty in the Broadway at Deptford—the prosecutor came to me, and I went with him to a public-house—I saw the prisoner, and told him to come with me to the station—he said he would—I took him to the station, and found these things on him—he said he knew nothing about the property; it was put in his pockets—he was not sober.
ISABELLA EMERY . The prosecutor is my brother-in-law. I was awoke that morning by a noise, and I awoke my brother—it was about a quarter before 6 o'clock—I have a watch at my bed, and I looked at it, as I have to get up a little before 6 every morning—I am quite certain it was before 6 when I heard the noise—it was a noise as if some person had fallen from a window, as if he had got up, and fallen back from the window under mine—I heard some bottles break, and smelt some rum—I went to the window—I did not go to bed again, but I staid in the room five or ten minutes—I was too much frightened to go out immediately after I had seen a man in the yard—I waited about five minutes in the room before I went to my brother, not more—when I looked out, I saw the prisoner standing under the window, with his hands in his pockets, talking to himself; I then went to my brother—this is my signature to this deposition—it was read over to me.
COURT. You here say, "The noise seemed as if a person had fallen from off the window sill; I heard some bottles break, and smelt some rum; after lying about three-quarters of an hour, I got out and looked at my watch; it was then exactly 5 minutes past 6."
Prisoner's Defence. I am innocent of the robbery; I had the money in my possession; there were four or five together, and they must have given them to me; I was not near the house, within forty yards.
COURT to MELCHIOR AMBERG. Q. When you get into that window that you say a person got into, are you then in the house? A. You have to go into the yard, but the roof is covered up to the house—the window looks into the skittle ground—you have then to go into the yard, and through another door or flap to get into the dwelling house.
GUILTY .— Confined Twelve Months.
Before Mr. Baron Martin.
MR. CHARNOCK conducted the Prosecution.
GEORGE JOHN DODD . I am a draper, and live at 2, Union-place, Horse-monger-lane, Borough. On Sunday night, 5th Sept., I retired to rest at half past 9 o'clock—my premises were then all secure—I was called up about 5 o'clock by a policeman named Conolly, and the inspector—I came down-stairs, and found the premises completely turned inside out—everything was in confusion—the street door was open—that was the way the policeman gained admittance—it was closed when I went to bed—there is a back door, but that was fastened—the parties must have got in at the back kitchen window—that was shut when I came down, but not fastened—there is no shutter to it—I went to the station house, and there saw a bundle of things, which I recognized—these are them (produced)—here is a silk scarf, 3 woollen shawls, a Paisley shawl, a silk vest, a pair of trowsers, a coat, and some metal spoons—these are all my property, and were safe on my premises when I went to bed on 5th Sept.—I found a candle left burning in the kitchen, where the things were taken from—I had not left it there—I value the things at 5l.
WILLIAM CONOLLY (policeman, M 228). I was on duty on the morning of 6th Sept. near Horsemonger-lane, about ten minutes to 5 o'clock, not above a minute's walk from the prosecutor's—I saw the prisoner on the opposite side of the way to me with a bundle—he stood opposite to me, turning towards me as I came out of a short turning—he said to me, "Policeman, which is the way to London-bridge railway station?"—I looked at him, and thinking he did not look like a railway traveller, and the bundle being clumsy, I said, "What have you got in the bundle?"—he said, "I have asked you a question, and you have a right to answer it"—I went towards him, and he threw the bundle at my head, and ran away—I picked up the bundle, and sprang my rattle—I then pursued him, but lost sight of him in the square—I took the bundle to the station, and there examined it before the inspector—I found a letter in the coat pocket with the prosecutor's direction upon it—I went there, and found the front door open—I awoke Mr. Dodd, who came down—I found the drawers in the kitchen pulled out, the place in confusion, and a candle burning—last Thursday, between 4 and 5, I was sent for to the station, and there saw the prisoner—I am sure he is the person that I saw with the bundle—these are the things that were in the bondle when I took possession of it.
Prisoner. You stated that I had a hat on when you saw me, if I am the party. Witness. Yes; the prosecutor lost a hat, and I found a cap in the I bundle which does not belong to the prosecutor—I did not state at the police court that you had a cap on.
Prisoner's Defence. I produced my cap at the police court, and the policeman stated it was the cap I had on.
(The prisoner was further charged with having been before convicted.)
>Confined Nine Months.)—I was present at the trial—the prisoner is the person.
GUILTY.— Transported for Ten Years.
Before Mr. Justice Crompton.
MR. M. PRENDERGAST conducted the Prosecution.
THOMAS GRAHAM . I live in Thomas-street, Wyndham-road. On Sunday evening, 5th Sept., from about half past 6 to quarter to 7 o'clock I was at the Duke of Clarence public house with my brother, Charles Graham, and my son John, John Hurd, Thomas Thompson, and William Bird—a man named Buchanan came in and said something, and after that a lot of Irish rushed in—all the prisoners were among them—there might be a dozen or more—Gallivan and Griffin came up to Hurd, and said, "This is one of them," and knocked him down—they then fell to kicking him—I stood at the side, and they fastened on me—Ferrison knocked me down and kicked me in the forehead, and Griffin likewise kicked me—by Ferrison I mean the third one from me (pointing to Gallivan)—I never heard of him by any other name—the farther one from me is Griffin—the next is Ferrison, no, not Ferrison—yes, Ferrison—I have known them all by sight for years—the fourth is Callaghan—it was Ferris who kicked me—no, Gallivan kicked me—I did not say that Ferris kicked me—I was hit in the forehead, and knocked down, and then I was kicked by the prisoners—it was Gallivan who knocked me down—the third one from me now (pointing to Gallivan)—he hit me in the forehead, and knocked me down, and then he kicked me—they all kicked me—Ferris kicked me in the head—I can swear that three out of the four kicked me—all of them, barring Callaghan, kicked me, but he was there—this was not going on above four or five minutes, I believe, but I do not know, for I was dragged out senseless and bleeding, and taken to Mr. Flower, the surgeon.
Cross-examined by MR. SLEIGH. Q. You had been somewhere else that evening, had you not, previous to being at the Duke of Clarence? A. No; I had not been out of bed till 5 o'clock—I went to Mr. Stone's, but I had not had a spoonful of beer all day, or anything else—I was at Stone's for two or three minutes—he keeps a beershop about 200 yards from the Duke of Clarence—I had gone to lay down after my dinner, and my wife called me at 5 to have my tea—I had no gin at the Duke of Clarence, I had called for some, but they had not time to draw it before the Irish came in—I have known some of the prisoners twelve months, and some a little more—I never associated with them—I was not on speaking terms with them, at least, I always gave them the time of day if I passed them—I was never in a public house to drink with them—I was once in a public house with Callaghan—that might be two or three months ago—I am an Englishman—a great many Irish live in that neighbourhood, but not at our end of the street—I am not aware that there are continual quarrels between the Irish and English there—the Irish begin it among themselves—I have never seen much of it—there are quarrels there—I never go interfering—I have heard that the police have been frequently called in, but I was never there with them—I do not know that there was a serious quarrel between the English and Irish just before this occurrence; I will swear I did not see it—how could I; I was in bed till 5—I had never had any quarrel with either of the prisoners before—there might have been twenty or thirty Irish there at the time this assault took place upon me, or there might be more, women and men—the bar was chuck
full of them, as many as could get in—I do not know any of the other persons besides the prisoners—there was a brother of Gallivan's—I went before the Magistrate on the Monday, and he granted me a warrant against Gallivan's brother, but he stopped away.
CHARLES GRAHAM . I am the brother of the last witness, and live at 4, Thomas-street. Last Sunday fortnight I was at the Duke of Clarence public house—six of us went there to have a half pint of gin—before they served us a man named Buchanan came and gave some alarm—the four prisoners rushed in, and about a dozen men after them—Griffin catched hold of Hurd, and said, "That is the b—who struck me"—Gallivan catched hold of Hurd, struck him, and knocked him down—then my brother was knocked down, and I can solemnly swear that all four of them kicked him; I saw them all four round him, and I saw them all four hoist up their feet—I saw him receive a kick on the head and on the eye: they dragged him out, and he had no senses—I cannot tell who dragged him out, they were Englishmen—they took him to Mr. King's, the doctor's; he was smothered in blood before he was dragged out.
Cross-examined. Q. You had been drinking, had you not? A. I had had a little drop—I never saw my brother before half past 5 o'clock in the evening—I was with him at Mr. Stone's—we had a pot of beer between five of us there—I have known the prisoners about five or six months, but I have never associated with them—it is rather a quarrelsome neighbourhood—there had been no altercation between any of us—I was with my brother at the Duke of Clarence.
Q. Am I to understand that, without provocation, these men came in and fell upon you and your brother? A. No; they had begun with me and my nephew, and Hurd, at the Windmill; that was at half past 5 or 6 o'clock—we only had a pot of beer there; there had been a disturbance there.
JOHN BUCHANAN . On Sunday evening, 6th Sept., I was standing at my gate, 17, Wyndham-road, and heard the cry, "They are a coming!"—I looked towards Nelson-street, to the Windmill public house, and saw a lot of Irish, men, women, and children, advancing towards me—I recognised Callaghan among them—when they got opposite the Leipsic-road, they jumped up three feet frota the ground, and said, "Now for the Clarence, the b—English are there!"—I started from the gate, outrun the men, got to the Clarence first and gave information to the barman—I was there when they came in; I recognised Callaghan in the bouse—I cannot say I saw him strike anybody—the first assault was on a young man named Hurd.
Cross-examined. Q. At what time did they pass you in the road? A. Between 6 and 7 o'clock; it was nearer 7 than 6.
BENJAMIN RUCK . I live at Wyndham-road, Camberwell. On 5th Sept. I was in George-street, Wyndham-road, and saw Griffin and Ferris—Griffin went up to a policeman and threatened him, and Ferris picked up some atones, put them in his pocket, and swore that if anybody touched him, he would pierce them through the policeman's b—head if he offered to take care of any one of them—after I saw them, they made a shout, and ran towards the Duke of Clarence, and I ran home.
Cross-examined. Q. You did not see anything of the Grahams at that time? A. No; it was about half past 6 o'clock—there were a great number of Irish and English together.
JOHN SWAN FLOWER . I live at Camberwell-green; at the time of this occurrence I lived at Denmark-hill. On Sunday, 5th Sept., Graham was brought to me bleeding from a wound on the left side of the head, about an
inch long, penetrating to the bone; also a wound over the right eye about half an inch long, which also penetrated to the bone—he was very faint from loss of blood—he was under my charge up to within the last two days—the wounds might have been caused by kicks.
Cross-examined. Q. Had they the appearance of being inflicted by a cutting instrument? A. No; it was most likely by a kick, or being struck by a stick, or some blunt weapon.
Gallivan's Defence. I was a mile from the place; I do not know anything about it.
Griffins Defence. I am not the instigator of the row; I was there, and these men were inside before us, and we drank out of a pot of beer; I was knocked down and kicked, and my eyebrow was split open.
Ferris's Defence. I was not there.
MR. SLEIGH called
DANIEL HEALEY . I am a labourer, of 7, Nelson-street, which is near the Nelson public house. I know Ferris—on Sunday, 5th Sept., before 6 o'clock, I left my house, and walked up Nelson-street into Thomas-street, where I met Patrick Ferris—that is about a quarter of a mile from the Duke of Clarence; that was before 6—he was not half a minute in my company—I spoke to him as I passed by, and saw no more of him.
STEPHEN COURTNEY . I am a labourer, and live in Nelson-street. Last Sunday fortnight, between 5 and 6 o'clock, I came out of my own house and walked up Nelson-street—I know Ferris—I saw him at his own house in Nelson-street, that was before 6, as I passed; he was standing at his own door—I did not go into his house, or stop with him at all—I saw him next when I came back from the Clarence—I did not go into the Clarence, but I was standing at the Clarence, and Ferris was not there, no more than you were—when I came back from the Clarence, I met him right up against the Windmill, at the corner; it was then between 7 and 8—between the time I saw him at his own door and the time I saw him between 7 and 8, I had not seen him at all—I said to him, "Patrick, there is such a row at the Clarence, you had better come right home again;" and he said, "I will."
Cross-examined by MR. M. PRENDERGAST. Q. There were policemen at the Clarence, were not there? A. No.
MARY FOLEY . I am married, and live at Nelson-street, Camberwell. I know Griffin—last Sunday fortnight, between 5 and 6 o'clock in the evening, he was in my house—he is a labourer—he was lying on the boards, rather the worse for liquor—his wife took him upstairs as the clock struck 6—he remained at home all the evening, but I was in and out.
COURT. Q. Did you see him any more that evening? A. Yes; I saw him from then until 9 o'clock, upstairs in his room—he might have gone out without my knowing it, but I am sure he was there at 6—he was there at half past 6, not upstairs, but downstairs, lying on the floor.
Q. I thought you said he was not lying on the boards after 6 o'clock? A. Yes, he was, till half past 6; and he was upstairs in his own room at 9—I cannot say to a moment, but it was after 6—he went upstairs from 6 to half past 6—he was on the boards, and from then till 9 he was upstairs—I cannot exactly say—I was inside the house from 6 to 7, but I was at home, I was close to my own door—he could have gone out without my knowing it, because I was in and out—I cannot exactly say I saw him upstairs between half past 6 and 7.
Q. You say you know he was on the boards from 6 o'clock to half past 6,
can you tell the Jury that he was there from about half past 6 to 7? A. I cannot tell that.
JOHANNA PURCELL . Last Sunday fortnight, in the afternoon, between half past 5 and 6 o'clock, I went out with my baby in my arms, and saw Griffin and Ferris going into the Windmill—they were not many minutes inside, and I heard a very loud noise—they all rushed out of the Windmill door—there were four or five Englishmen, and the Grahams—John Griffin and Charley Graham had hold of each other as they came out of the Windmill door, and as they took hold of each other, Griffin turned round to come off the steps, and a man named Lomas put up his fist and struck him, and he fell against Mr. Fox's door, and when he fell, Charley Graham and Johnny Graham and Lomas kicked him as he lay on the ground—his wife hallooed. "Murder!" and asked us to save him—there were four or five Englishmen, and the wife threw herself over her husband's head, so that they should not kill him; and when he got from the road, the two Grahams and Lomas threw off their caps, and asked for any b—Irish Turks—then the crowd from the street was running—I had the baby and was frightened, but before I got to my own door, I saw John Griffin led by one of the men, with his head bleeding—a man led him into his own house to wash and clean him.
Cross-examined. Q. You have been in the gallery all the time of the trial? A. Yes; I went into the house for half a pint of beer.
GRIFFIN— GUILTY . Aged 21.
SULLIVAN— GUILTY . Aged 21.
FERRIS— GUILTY . Aged 23.
CALLAGHAN— GUILTY . Aged 23. of unlawfully wounding. Confined Six Months.
Before Mr. Common Serjeant.
971. HERBERT WILLIAM HALL , uttering, on 23rd Aug., a forged order for payment of 5l.; also, on 28th April, a forged order for payment of 4l. 19s. 6d.; also, on 1st Aug., a forged order for 9l. 5s.; with intent to defraud: to which he pleaded
GUILTY . Aged 32.— Transported for Ten Years.
MR. SCRIVEN conducted the Prosecution.
ELIZABETH KNIGHT . I live at Wandsworth. On 1st Sept., between 9 and 10 o'clock in the evening, Ann Moore came to my shop to purchase a collar—the price was 2 1/2 d.—she laid down a shilling on the counter—I had not a sixpence to give her change—she ultimately had two collars, and I gave her 7d. in change—I took the shilling off the counter, and it was in my hand till the officer took it out.
WILLIAM WEEDON (policeman, V 337). I was on duty in plain clothes at Putney, on 1st Sept., about half past 8 o'clock—I saw John Moore at the corner of Wandsworth-lane—in about two minutes afterwards I saw the three prisoners joined together, going towards Wandsworth—my brother officer was with me—when the prisoners got to Frogmore, I saw James Moore give something to John Moore, who separated from the other two and went towards Frogmore, from whence he could go round to Wandsworth—I followed Ann Moore and James Moore to High-street, Wandsworth—I there saw James pass something to Ann Moore—she went into Mrs. Knight's shop, and remained there some time to look at some collars—I saw her come out—I went in, and Mrs. Knight gave me a shilling out of her hand; this is it—Ann
Moore was then gone out of the shop—I went after her, and found her and James Moore together—I took them into custody—Ann Moore was searched, and 7d. in coppers was found on her—I took the two collars out of her hand—my brother officer took James Moore—we then went after John Moore, and found him in High-street, Wandsworth—we found in his right hand jacket pocket a counterfeit shilling and 2s. 7 1/2 d. in good money—he said he did not know either this woman or the child, and James Moore said to him, "You told me you had been married to my mother these last two years."
John Moore. Twenty-two years.
LIONEL HODDER (policeman, V 52). I was on duty at Putney on 1st Sept. About 8 o'clock in the evening I saw the three prisoners together—they walked up Putney High-street; they came back again, and separated—I saw Ann Moore go into a baker's shop—she was in some little time—she came out again and joined James Moore, who was a few yards off—they went up the town—I followed, and saw them turn up Wands worth-lane—I then saw the last witness, and was speaking to him, and John Moore came up and turned down Wandsworth-lane—we followed him, and they stopped at the end of Frogmore—it appeared as if James Moore passed something to John Moore, and John Moore went round Frogmore—Ann Moore and James Moore went through Love-lane to High-street, Wandsworth, and there it appeared James Moore passed something to Ann Moore—she went into Mrs. Knight's shop and stayed there some time—James Moore passed by, and he came back and looked in at the window—Ann Moore came out and joined him—I took James Moore, and on the way to the station I found four half crowns in separate pieces of paper in his jacket pocket, and at the station I found one half crown and one shilling in his left trowsers pocket—he said his father gave him them to take out—I found some good money on him as well—we then went to the town and took John Moore coming along—one shilling was found in his jacket pocket, wrapped in a piece of paper—he said at the station that he knew nothing of the other two prisoners, and James Moore said, "You told me that you married my mother two years ago."
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. This shilling that was uttered is counterfeit, and this found in the possession of John Moore is also counterfeit—amongst the coins found on James Moore one shilling is counterfeit, and from the same mould as that uttered by Ann Moore—two of these half crowns are of George the Fourth, from the same mould, two are Victorias from the same mould, and one of George the Third—all are counterfeit.
John Moore's statement before the Magistrate was here read, as follows;—I was coming through Fulham; near a horse-pond, Parson's-green, I think it is, with a field and railings all round, I picked up a packet; I opened it, and found it was money all wrapped up in separate pieces of paper; I opened one smaller packet and found it was a shilling; I put it in my teeth and bit it; that is the shilling the officer took from me; you will find the mark where I bit it; I found it was bad: I gave the money to the boy, and said, "Here is a prize for you;" I came through Fulham, and my wife and me had a few words about this money; she said it was good, and I wanted to keep her from having any of it; she told me she did not believe it was bad; I said, "Then you had better go and try and pass one, and beware of the consequences;" that caused a quarrel between us, as the officer names; at Frogmore, I think he calls it, I left her, and she went a different road; it is all my fault for allowing her to do it."
Ann Moore's Defence. I had two good shillings in my pocket when I went into the shop.
JOHN MOORE— GUILTY . Aged 40.— Confined Twelve Months.
ANN MOORE— GUILTY . Aged 37.— Confined Six Month.
JAMES MOORE— GUILTY . Aged 10.— Judgment Respited.
Before Mr. Justice Crompton.
MR. COCKLE conducted the Prosecution.
THOMAS JUNIPER . I am a smith, and live in Oak-cottages, Old Kent-road. On Sunday evening, 22nd Aug., I went into the taproom of the Shards Arms, to get a light—it was from half past 10 to 11 o'clock—while I was lighting my pipe, a man named Sheely came in with a stone, and chucked it at me—it did not strike me, for I ducked my head—then me and Sheely got scuffling together—not a word had passed between me and Sheely previous to this—after the scuffle I went outside, and Sheely came out—as soon as I got outside, the prisoner took a stone out of his jacket, threw it at me, and struck me on the head with it—he was about three yards away from me—there were five or six other persons with him—they were about three yards on the other side of the door—I was in front of the door—the stone struck me on the forehead, and I remember no more that took place till the next morning—there was a gaslight over the door, and I could see—I had known the prisoner for twelve months by sight—I hud not had any words with him that evening in the least, or at any previous time—I had not said a word to him before this was thrown.
Cross-examined by MR. LILLEY Q. Did you know where he lived? A. Yes, in Stock well-street, Kent-road; I live about a mile from the Shards Arms—I was taking a walk that evening—we had two glasses of gin and water between two of us at the Shards Arms—before I got to the Shards Arms, I had been in at Mr. Potter's, but I did not have any drink there—I had not had drink at any other place—nothing had passed between me and the prisoner before; not the least—the prisoner is an Irishman, I believe—I have not a good deal of ill feeling against Irishmen; I say that positively—Thomas Ellis went into the Shards Arms with me—I had not met him five minutes before this took place—I had a scuffle with Sheely; he is Irish—I went to Mr. M'Donald, a surgeon, to have my wound dressed—he lives near there—I do not know whether I said to him that I did not know who threw the stone—I do not know what I said after I received the blow—I did not run out of the shop to have satisfaction of some of the Irish—I was taken out.
CHARLOTTE COLLIS . My husband is a bricklayer; we live in Mill-street, Old Kent-road, On Sunday night, 22nd Aug., I was at the bar of the Shards Arms, to get some beer—I could see into the taproom from the bar—I saw a stone thrown in the taproom—I do not know who was in the tap-room at the time—on seeing this, I took my mug and went outside the public-house into the street—I stayed there till they came out—I saw several Irishmen outside the public-house—the prisoner was one of them—he stood between the lamp post and the kerb stoner—there are two lamps over the doors, and I think there is a lamp post in the street; I would not be certain—there were three or four persons near the prisoner—he had not been inside the public-house—after I got out, I saw Juniper come out; and on his coming out, I saw the prisoner take a stone from the breast pocket of his
jacket, and throw it at him—it struck him on the left side of the forehead—it cut his head very much, and there was a great deal of blood—the prisoner was three or four yards from him when he threw the stone—there were no words between Juniper and the prisoner before he threw the stone—on Juniper's receiving the blow, I ran to hold him up till Ellis came—I, and my husband, and Thomas Ellis, took him to Mr. M'Donald's, the surgeon—when I went and spoke to Juniper, he said, "Oh!" and from that time I should say he was insensible; he never spoke—I saw him taken into Mr. M'Donald's—I had opportunity enough of seeing the prisoner to say that he is the man.
Cross-examined. Q. Did you go into Mr. M'Donald's? A. No; when I came out of the Shards Arms there was no fighting; there was noise—the Irish made great confusion and noise—I had never seen the prisoner before to my knowledge—there might have been seven or eight persons outside; there were not many more—I do not know Conway, and I am not able to say whether he was there.
JAMES COLLIS . I am the husband of the last witness. On that Sunday night, in consequence of a disturbance, I went to the Shards Arms—I saw Juniper outside—I know the prisoner well—he worked on the same works that I did, for three or four months at a time, at different places—I have known him better than two years—when I got to the Shards Arms there were four men, and three men came up together—the prisoner was one of them—he was one of the gang of four—they were coming up abreast to the Shards Arms door—Juniper was standing by my side, and the prisoner came about three or four yards from him—he then took a stone from his breast pocket, and have it, and struck Juniper on the head—it cut him severely—my mistress caught him from falling, and Ellis came—the prisoner and the rest of the seven all ran away together—I ran after them, and caught the prisoner, but I was thrown down on my back, and covered with mud, and he was rescued from me, and got away—I have no doubt about his being the man who threw the stone; I am certain of it.
Cross-examined. Q. Did you know where the prisoner lived? A. No; or else I should have had him taken before—I do not know Morris Conway—I might know him by sight, but there are so many Irishmen—I know the prisoner; I have worked with him at my buildings—I do not know any person like the prisoner—there was confusion at the Shards Arms, but no fighting that I saw.
GEORGE WHITEHEAD . I am a floor cloth painter, and live in Amelia-street, Old Kent-road. I was at the Shards Arms between 10 and 11 o'clock that night—I saw Juniper outside the Shards Arms—Mr. and Mrs. Collis were there—Juniper came out of the Shards Arms, and there was the prisoner, and a lot more—I have known the prisoner for three years—he was about four yards from Juniper—I saw him heave a stone at Juniper—I saw Juniper fall—the stone was picked up by somebody—it was covered with blood—I have no doubt it was the prisoner who threw the stone: I saw him.
Cross-examined. Q. Had you any acquaintance with the prisoner? A. No; I have seen him, and know him very well by his living near where my father lives—I have seen him pass, and repass—the stone which was picked up was covered with blood—it was not a very wet night, the ground was not muddy—the lamps are outside the public house—there are two doors, and there is one over each door—one door is a little round the corner—nearly all the Shards Arms is in Park-road—one lamp is in Park-road, and the other in the Kent-road, but they both reflect on the front—I have known the
place about sixteen years—I was brought up there—I live at the Green Man—I do not know a man named Morris Conway, a man like the prisoner.
THOMAS ELLIS . I live at 9, Park-road, New Peckham; I am a paper hanger. Between 10 and 11 o'clock, on that Sunday evening, I was passing the Shards Arms—I saw Sheely go into the house, and saw Juniper go in—I saw him come out again—and when he came out there were a number of Irishmen standing outside the Shards Arms, in the Park-road, throwing stones—I did not see the stone that struck Juniper thrown, but I saw a stone hit him which caused him to fall—I and Collis took him to Mr. M'Donald's—when I lifted him up, he had no life in him at all—he was so till I took him to the doctor—his head was lying on my shoulder—I went in with him—I saw the wound on his forehead dressed; it was a very severe wound indeed, about an inch and a half long—we had a difficulty in getting in at Mr. M'Donald's; and he said he would not dress the wound.
Cross-examined. Q. Was there a good deal of confusion? A. Yes; and a great many stones thrown by different persons, I could not see by whom—I have lived nearly ten years in that neighbourhood—I don't know a man named Conway, or any man like the prisoner in appearance and dress.
HENRY THROBBROOK (policeman, P 120). I took the prisoner on 23rd August—I told him I wanted him on a charge of assaulting Thomas Juniper, at the Shards Arms; he denied it, and said he was in St. Katherine's Docks—the next morning he said he was in bed.
Cross-examined. Q. Did you tell him the time this took place? A. Yes; in taking him to the station, I said it was between 10 and 11 o'clock at night.
JOHN BUSHELL . I am a medical practitioner, and live at Kennington. I was sent for to examine Juniper at the station, this day four weeks—I examined his forehead—I found two wounds—a horizontal wound about an inch and a half long—I was not in a position to know how deep it was, as it had been closed up—there was another wound going perpendicularly from that wound, about an inch long—a temporary union had taken place, that being three days from the time of the injury—the skin had been cut through, and inflammation had set in all round so far, that I was obliged to open and probe the wound on the following day—a blow from a stone would produce such a wound as I saw—a peculiar angled stone would do it—it would produce both the wounds; they joined in one.
COURT. Q. Did it appear two distinct wounds? A. I think not, but produced by one blow—it must have been a peculiar wound—the lower wound was not so deep as the other—it is my opinion that it was caused by one blow.
Witnesses for the Defence.
JOHN HINES . I am a brother of the prisoner; I live at 19, Lovegrove-street, Old Kent-road—not quite a quarter of a mile from the Shards Arms—I remember the Sunday evening in question—I have a sister named Catherine—she returned from Ireland that Sunday in the Cork boat—I went to St. Katherine's Docks to meet her—I saw her, and she returned home with me to my own house—on our arrival we had some other persons there to see her, and to welcome her, and I have those friends here as witnesses—there was my wife Margaret Hines, John Butler, James Hogan, Johanna Moore, Ellen Coppin, Ellen Callahan, my brother Patrick Hines, and his wife; and there were a good many came to see their friends, but they did not remain—we returned from St. Kathenne's Docks between 7 and 8 o'clock—some liquor was sent for; I do not remember how much—my brother was there between 7 and 8, and he stopped all night till a quarter before 5 in the morning—my brother drank
enough—when we saw him drunk, me and my wife dressed our own bed for him and put him into it—I saw him put to bed—I remained at home all the evening; I never stirred out from between 7 and 8 in the evening, till I went to work at half past 5—some of the persons who were there did not remain above a couple of hours; others remained seven hours, till they saw the prisoner put to bed—I cannot exactly say what time he was put to bed; in my opinion it was between 2 and 3—he bad not a foot to stand on, he was then so drunk.
Cross-examined by MR. COCKLE. Q. Do you and your brother work at the same place? A. Yes; he did not go to work with me—he was not at work any time on the Monday—he went to the gas factory, and brought some coke for fire, to his own house—on the Tuesday he went back to his work, and they would not let him work because he had been away on the Monday—he lives about half a mile from the Shards Arms—I did not hear of the disturbance before 2 o'clock on the Monday—I heard that a man had been struck with a stone, and taken off—I heard, on the Tuesday night, of my brother being taken—I heard of the examination before the Magistrate on the Wednesday, the next day, I remembered where my brother was on the Sunday night—I knew on the Wednesday that he was with me on the Sunday night—I went before the Magistrate—I heard my brother examined—I heard the constable give his evidence—I was examined on oath, on behalf of my brother—Margaret Hines was there—she was examined, and Butler, and Moore—Copping was not examined, nor was Hogan: he did not know of it—my sister was not there, she was at home at my house—she is not there now, she is down at the hops in Kent—I could not afford to keep her longer—we were all sworn in the Court.
Q. Which of those persons staid till the time you put the prisoner to bed? A. Hogan, Margaret Hines, and Ellen Callahan were there, when he was put to bed; the others had left; they had left together—Johanna Moore was there; and Hogan, my wife, and myself—Callahan was not there—Butler was not there when he was put to bed—I cannot exactly tell how long the others had left before he was put to bed—I cannot tell within one hour or two hours—they were coming in and going out some time after my brother was put to bed—they came to see my sister—Hogan came to see my sister.
Q. When did you tell Hogan your sister would be there? A. A week before, because I had a letter from her—I told him on the Sunday before, at his master's, and on that Sunday also—I spoke to Butler a week before she came—I spoke to him at his own house—my wife told Moore—Copping heard of it, but we did not tell her—none of those persons live in my house—no persons beside my own family live there—there were some neighbours in the same room—I was not out that evening—I cannot say whether the prisoner drank more than the others, but he fell drunk and was sick—we drank porter, nothing else—my wife went for some of the porter; she went for the last that was fetched before my brother was put to bed—that was about half an hour before he was put to bed—I could not tell how long the others left before my brother was put to bed—they did not leave together, Hogan left last; before him Moore; and before her Callahan; and before her Butler—they all left sober.
MR. LILLEY. Q. Have you any clock in your house? A. Yes; I took liquor as well as other persons, but I did not put myself out of the way—I was a little elevated; the others were not so—I went before the Magistrate, I and Hogan—I do not know how many came in the course of the evening.
COURT. Q. You went to St. Katharine's Docks to meet the boat? A. Yes; I do not know her name, I am not able to read.
MARGARET HINES . I am the wife of the last witness. I remember my sister returning from Ireland—I did not go to meet her, but my husband did—they returned between 7 and 8 o'clock—John Butler was there, and Mrs. Callahan, and Moore, and James Hogan—some porter was sent for—they all drank it—the prisoner was there—he had been drinking the beer—he came between 7 and 8 in the evening—the beer overcame him and his wife—they were both rather tipsy—we took him, and put him in my bed—from the time he came in, between 7 and 8, he did not go outside in the street till 5 in the morning, when I called him and put his jacket on between 5 and 6 in the morning—I took his jacket off when I was putting him to bed—that was all that I did take off—and I put his jacket on for him—his wife stopped with him all night—they left together between 5 and 6 in the morning.
Cross-examined. Q. The prisoner did not go out at night? A. No; I did not go out—I can say that the prisoner did not go out for a single moment, except at the back door—I never went outside the house, I am sure of that—I never went out from the time he came in till I called him in the morning—I am landlady of the house—I never went in the street at all—the prisoner's wife was not put to bed at the time he was: she was in bed before—she had been in bed about half an hour before he went—he was very tipsy there were a great many persons in in the evening—Callahan, Hogan, and Moore were there when he was put to bed—they were there when his wife was put to bed—the others had left—Butler left about half past 11 o'clock—he was the first that left the party—he himself said, "It is half past 11, it is time for me to go home"—I do not know the clock myself—after he had left Callahan left—there were no more there—all the persons who were at our house that evening were Butler, Callahan, Hogan, and Moore—I did not hear that a man had been knocked down at the Shards Arms till the prisoner was taken on Tuesday evening—I saw my husband on Monday evening, but he did not tell me about it—the sister from Ireland is not here, she was not before the Magistrate—I cannot tell on what day I heard she was coming over—I think it was on the Thursday before the Sunday, and we had this meeting on purpose—they were told they were going to meet her on Sunday morning—I did not see the prisoner for two days when he was taken up—there was no whiskey brought in, nothing but porter—none of the persons were drunk but the prisoner, because he had been out all day; he was drunk enough when be came in, and then he drunk some more—the prisoner's wife was drunk—they were the only persons who were drunk—my sister sent a letter of the day she was to arrive—I got the letter on the Thursday; it was not on the Sunday week, it was on the Thursday before the Sunday—I cannot read—the letter was read by the gentleman next door, Jeremiah Callahan.
COURT. Q. Had you known before the Thursday anything about your sister's coming? A. No; that letter on the Thursday said that she was to arrive on the Sunday—the Sunday was mentioned in the letter—we had not before expected her about that time—we had no spirits that night, all porter—we had no porter in the house—my husband's other sister, Margaret Hines, went out for it, she always went for it—I never went out for it—that sister is not here—both the sisters are in the country hopping.
Lovegrove-street—I recollect the Sunday on which his sister Katharine returned from Ireland—I was in John Hines's house on that evening—I went about 8 o'clock—Patrick Hines was there, and his wife—Mrs. Callahan was there, and James Hogan, and Moore—I stopped till half past 11—I went out during that time at the back door, but not at the front—the prisoner was not absent at any time—we had porter to drink—the prisoner was tipsy—he did Dot go to bed while I was there—I can speak positively that he did not go out.
Cross-examined. Q. Were you sober? A. Yes, perfectly—I had some porter—I did not have a pint—I do not know whether I was the first of the party who left—I left behind me Patrick Hines and his wife, John Hines and his wife, Callahan, Moore, and Hogan—I do not recollect any more—I know the family—I know the sister Catherine; I went there to see her.
Q. When were you told that she was coming home? A. On that same Sunday—not before—I had not had any talk about it before that Sunday morning—I had not been in the house for three months before—I had not known for a week before that she was coming on that Sunday—there is a Margaret Hines, she is not here to day, nor is Catherine—I did not see much beer drank—there was some sent for once: only once—there was some in the house when I went, and some was sent for—I cannot exactly tell who went for the beer, it was a woman, but which of the women I cannot say—I did not see any luggage or boxes about—Catherine was with us all the time—I heard the next morning about the disturbance at the Shards Arms.
MR. LILLEY. Q. Does John Hines come to your house occasionally? A. No; I see him occasionally in the course of a week, and talk with him—I do not recollect how long it was before that Sunday that I had seen him—I do not know whether I had seen him on the previous Sunday.
COURT. Q. Who told you on that Sunday morning that she was coming that day? A. My wife; I am sure it was my wife—that was the first I knew about her coming—I am certain of that—I never had any talk with John Hines about it—I work in Lovegrove-street—John Hines was not accustomed to come where I work—I have seen him there—I did not hear of this from him—the prisoner was tipsy when I first went there.
ELLEN CALLAHAN . I live in Lovegrove-street. My husband is a coke dealer—I know John Hines and his wife, and Patrick Hines and his wife—I recollect the Sunday that Catherine Hines came from Ireland—I was at John Hines's that evening, from between 7 and 8 o'clock till between 1 and 2—his sister was there, and his wife, and Hogan, and Butler, and the prisoner and his wife—there was no porter sent for—we were drinking in the course of the time—there was no porter sent for all the night—we were drinking beer—that was sent for after they came in—during the time I was there the prisoner did not go out of the front door; he did not indeed—I was there all the time that I mentioned—he did not go to the street door in that time—when I first went to the house the prisoner was sober—he remained sober all the evening—he was not out of his senses—he went to bed—he was not sick—he went to his brother's bed in the back kitchen—his wife was with him—I do not know whether he took his clothes off himself—I saw him lying in the bed.
Cross-examined. Q. You deliberately swear that you left this man in bed?0A. Yes, in his brother's house; I have no more to say—I cannot tell how long his wife went to bed before him—I have got no watch—the prisoner was sober when he went to bed—he was not put to bed, because he was so drunk he could not go home—I know he was not drunk like that, but it was
so late, about 2 o'clock—I cannot tell whether that is why he did not go home—I remember Butler leaving about half past 11—I do not know who left next to him—I did not see any one leave after him but myself.
MR. LILLEY. Q. Have you been taking anything before you came here to day? A. Not a thing.
COURT. Q. You say, when the prisoner came, he was quite sober? A. Yes; he did not drink much porter—I saw him just before he went to bed—he had his senses, but he was tipsy.
JAMES HOGAN . I am a dairyman. I work with a person in the Kent-road—I lodge at Mr. Carrigan's—I know the prisoner and his brother, John Hines—I recollect the Sunday when Catherine Hines came from Ireland—I went to John Hines's in Lovegrove-street between 7 and 8 o'clock in the evening—I left at 4 in the morning—there was John Hines and his wife there, and mother Callahan, Patrick Hines and his wife, his sister-in-law, and Butler—Butler's wife was there for a bit, but she did not remain—there was some liquor taken—when I first went, the prisoner was not very drunk nor very sober—from the time I went, between 7 and 8 in the evening, he never put his foot outside the street door till I left in the morning—he did not fetch any beer—I do not know what state he was in later in the evening as to drink—I have no more to say—he grew drunk and was put into his brother's bed—I saw him in bed—he did not undress—I saw him go to bed with his clothes on; his wife was with him—I do not know what time he went to bed.
Cross-examined. Q. How long was it before you went away, that he went to bed? A. I cannot say; as near as I can say, about 12 o'clock—at the time he went to bed Johanna Moore was there, and his brother, and his brother's wife, and some others—there was no beer sent for in the course of the evening—beer was sent for at the time I came in, there was none afterwards—besides me, there was Moore, Callahan, Margaret Hines, and the prisoner's brother at the time the prisoner went to bed, and John Butler.
COURT. Q. Are you sure of that? A. Yes; Butler was in the room when he was put to bed—I do not remember whether Butler helped to put him to bed.
MR. LILLERY. Q. Were you sober all the time yourself? A. No, I was not.
JOHANNA MOORE . I do weeding, and other gardening work; I live in Bexley-street, near Lovegrove-street. I recollect the Sunday evening when Catherine Hines returned from Ireland—I went to John Hines's that evening between 7 and 8 o'clock—I left at 5 in the morning—the prisoner and his wife were there, and John Hines and his wife, and a good many more—there was James Hogan, and John Butler, and Mrs. Callahan—I was there before the prisoner was—he came between 7 and 8—I was not much distance before him—he was not very drunk before he came in, but he was drunk—there was porter to drink in the course of the evening—the prisoner was very drunk later in the evening—I was there all the time, from between 7 and 8 till 5 in the morning—I did not go out, and the prisoner did not go out all the time—in consequence of his being very drunk he went back, and be and his wife went to bed—they laid in the back room—I saw him in bed; he did not undress himself—I did not see any one help him off with his clothes.
COURT. Q. Did he go to bed with his jacket on? A. Yes; I saw him in bed—I am sure he had bis jacket on.
MR. COCKLE. Q. How did you see him in bed? A. Because I passed through the room to go to the back door; I believe Butler was in the front kitchen at the time the prisoner went to bed—Butler did not help to put him to bed, he went to bed himself—there was John Hines and his wife there, and
Hogan, and Callahan—I will swear Callahan was there when the prisoner went to bed—she had not left, and Hogan was there.
MARGARET SULLIVAN . I remember the Sunday evening when Juniper was struck with a stone, but I did not see any stone thrown—I was near the Shard's Arms, but not at the present time—I did not see Juniper come out of the Shard's Arms; I saw him come out of the doctor's—I saw other persons about—I knew almost all that were there—I know the prisoner by sight—I did not see him there—I was there about a quarter of an hour—I know Sheely, I did not see him there.
ELLEN COPPING . My husband is a labouring man; we live in Stockwell-street. I remember the Sunday evening when Juniper was hurt—I was standing at the door of the Shard's Arms—I saw Juniper go in and come out, and go in again—I did not see him come out at the time he was hurt—I saw him before he was hit, and afterwards—I saw persons outside the Shard's Arms, but I did not see him struck—the prisoner was not there to my knowledge; if he had been there I should have seen him, I believe.
CHARLES FRANCIS M'DONALD . I am a surgeon, and live in Park-road, Kent-road. I recollect the Sunday evening when Juniper was hurt—when I saw him, there were several persons with him at my surgery door—the door was shut, and they were kicking violently at the door and making a great noise—almost immediately afterwards the prosecutor rushed in at my private door—he was perfectly sensible; he had no hat or coat on—I examined his head, and dressed it—he said a great deal, but I cannot tax my memory with what he said—I think I asked him if he knew who threw the stone, but I do not recollect what he said—there was a serious wound.
Cross-examined. Q. He was wounded, and bled a great deal? A. Yes; I was much annoyed at the disturbance at my door—I was so much annoyed that I refused to dress the wound at first—but when I saw the state he was in I did—there were several persons about—Juniper was not supported by any one, he rushed against me, but the rushing might be the effect of pushing to me—after I dressed his head, I asked him to sit down while I sent for his coat and hat—I think I saw him go out of my premises, I can almost say I did—I think I followed them all to my private door, and shut the door after them.
GUILTY. of unlawfully wounding. Aged 27.— Confined Three Months.
Before Mr. Recorder.
MR. HUDDLESTON conducted the Prosecution.
WILLIAM WHELAN . I live in Stock well-street, Camberwell. I am a nephew of Patrick and Ellen Neal—I am her brother's son—tbey were offended at my marriage, and said, it was of no use by my being married in a Protestant Church—on 22nd Aug. I and my wife were at home; I heard Patrick Neal come to the house, and knock at the door—my wife went down, and they said, "Is Bill Wbelan at home?" and they caught my wife by the hair—I went down and Patrick punched my head, and James Neal threw a brick, and cut me in the forehead—the blow made a wound.
Cross-examined by MR. O'BRIEN. Q. You were cut in the forehead by the brick thrown by this boy? A. Yes; and his father punched my head against the wall, and Ellen Neal was at my wife as soon as she went down.
ABIGAIL WHELAN . I was upstairs sitting in my own room—a knock came at the door, I went down and opened it; Patrick Neal asked was my husband at home—I said he was not, and he said he was—I said he was not, and I was closing the door, when Ellen Neal struck me with a stick, and gave me a blow on the eye—I screamed out for the police, and my husband came down—Patrick Neal caught him, and was punching him against the wall, and Ellen Neal caught my head, and struck me—Whelan was not with them, he came up afterwards.
(MR. O'BRIEN here stated that he could not resist a verdict of unlawfully woundinq against the Neals.)
PATRICK NEAL— GUILTY . Aged 50.
ELLEN NEAL— GUILTY . Aged 40.
JAMES NEAL— GUILTY . Aged 14.
Of unlawfully wounding.
Confined One Month each, and to enter into recognizances to keep the peace.
WHELAN— NOT GUILTY . (There was another indictment against the prisoners for assaulting Abigail Whelan.)
MR. REED conducted the Prosecution.
THOMAS HILLER . I am a greengrocer, and live in Caledonian-road, Islington. On 24th July, the prisoner and two others came to my shop, between 1 and 2 o'clock in the morning; the prisoner asked for some oysters—I told him I had sold them all, I had none left—they had three bottles of ginger beer, one bottle each—the prisoner said he would give 5l. for some oysters, and he would stand 1l. worth—they then began tossing among themselves—the prisoner appeared to be drunk, the other two were sober—the prisoner lost several times—they laid two pieces under their hand on the counter, so when the prisoner called anything they pulled one off the counter, and shifted them so that the prisoner could not guess right—I thought he was in liquor, and I objected to their tossing—I desired them to leave, and said I would not have them there—the prisoner went out, he left his cane on the counter, and came back for it—the other two remained there—when the prisoner came hack the conversation turned about quoits; the prisoner said he would bet me 50l. to 20l. that I could not throw a quoit fifteen yards—they then all three went outside the door, and I heard the other two say, "We may as well have a new hat a piece out of him?"—the prisoner was ahead of them—I said to my chap in the shop, "They want to rob that man"—I put on my hat and followed them up the terrace—they were all three together then—I was close to them—they began talking about quoits again, and they asked the prisoner to put a sovereign into their hands, and he did so, and they wanted me to put another one with it—I refused, and told them to give the man back his money—after we had passed two or three words they gave the prisoner back his sovereign—the prisoner went on a little distance, and I turned down one of the side streets, and returned back to my shop—I saw the prisoner again on the Monday following, but before he came a strange person came to my shop—the prisoner came in afterwards—he stood looking at my shop, which I was having altered—he walked up to me and said, "I beg your pardon, but was I here on Friday night, or Saturday morning?"—I said, "Yes, and I was very sorry to see the state in which you was—he then said, "I have lost my cane, and I would give 5l. to find it; do you know anything of it? did I leave it here?"—I said, "No, you did not"—he said it was a cane his father gave him, and he should not like to
go home without it—he said be came up from Reading to receive 2,000l. left him by an aunt—he said he should stay about a week, and he did not care about spending all that, for he had got seven times as much when he got back—while we were speaking about that, the person who had been in the shop before, came in—my cart was then at the door—that other person had ordered it to be ready to remove some pictures—the other man then said he had had a letter from the country, and he should not want the pictures removed, nor want the cart till about Friday—the prisoner was there then—the one who wanted the pictures removed then called for a bottle of ginger beer—he said it was very good, and called for another—he gave me a sovereign—I was giving him change, and the prisoner began speaking to him about drinking so much ginger beer—they then began to toss for 6d.,-worth of gin; and the prisoner spoke about a bottle of wine—when they had got the gin in, one of my customers came in and took part of the gin, and went out again—the prisoner then asked the other man to go along with him, as he said he was a stranger—the man said, Yes, he had got nothing to do, he would go anywhere with him—they stood talking between themselves a little while—the cart was still standing at the door, and the stranger proposed to me to go to Copenhagen-fields, as he said there was some horse-racing there—I refused to go, and the stranger left—he said he was going to White Conduit House, or White Conduit-fields—the prisoner proposed to roe to go out in my cart—the other man, who said he was going to White Conduit House, said, "If I am back before you start, I will go with you; or if you are going that way I will meet you on the road"—as soon as that man was gone, the prisoner said to me, "The horse is standing at the door, you may as well go round a little way"—to this I consented, but before leaving my shop I took with me 27l. in gold, nineteen shillings in silver and some halfpence—I took it out, because about two or three months before that I had two sovereigns missing out of my box, and after that 10s.—no one knew anything about this, and I thought I would take the money with me—the prisoner knew that I took it, for he saw me count the money on the counter—I got up in the cart with the prisoner, and went up the Richmond-road—when we got into Barnsbury-road we overtook the stranger—the prisoner touched me on the arm, and the other party came and said, "I am going along with you"—he got up into the cart—the White Conduit House was a very few houses farther up the road, and the stranger said, "Stop here"—I pulled up there, and we went into the parlour—the prisoner called for sixpennyworth of cold gin and water, and the stranger for ginger beer and brandy—I did not have anything then—after I had been in the room a short time, I and the prisoner went out—the prisoner then returned to the room—I returned soon after, and when I returned there was very little in either of the glasses, and I said, "What am I going to have?"—the prisoner then gave me the cold gin and water, and I drank what was left in his glass—the prisoner had got up with the glass in his hand, and held it across the table to me—the other man then said, "Will you drink with me?" and I drank the remainder of the ginger heer and brandy, which was about a wineglass full—I then left the house with the prisoner and the other man—we got up in the cart, and when I got about two or three houses off I felt quite stupified, as if I had lost my senses; I seemed to have no recollection; I just saw the things I passed, and that was all—I took the reins when I got in the cart, but I do not know whether I had them after; I felt stupefied—I do not know how far I went before I stopped again, but we stopped at some public house; I got down there—I felt a little better—I had some
ginger beer there—I could distinguish the ginger beer—I was better then—I did not feel as I did before—I went directly through the house into the skittle ground—the prisoner asked me to have a game of skittles—I said I did not understand the game, and I could not stand up to play—I did not feel so giddy as I did before, but I was weak—I did play—the stranger placed the pins—I felt a difficulty in throwing the ball—I cannot say what the distance was between the pins and where I stood—I could not throw the ball up—the prisoner then asked me to bet with him, and after some time I did—I do not know what the bet was, but I believe I won the bet—I have some recollection of taking the money up—I do not recollect how much it was—we came out of the house, and my cart was not standing where it was; I had to walk some distance to it—I walked between the prisoner and the other man—the prisoner and I then got in the cart—the other man did not get in—they asked me where I wanted to go—I said, "Over the water"—that was where I wanted to go when I first went out—after we had gone some little distance, the prisoner wanted me to go to Shoreditch, to see a female there—I refused to go—the other man was not there, he was gone—the prisoner then said to me, "Go up there," and "Go down there;" and I went through a great many streets according to his direction, but where I really do not know—we stopped at a public house, and the first person I saw there was the mass who wanted the pictures removed—the prisoner leaned over the side of the cart, and spoke to that man; but he did not get into the cart—the prisoner and I then went on, and after going up and down the streets again, we got very near London-bridge—the prisoner then wanted to go down another turning, but I said, "No; I won't be humbugged by you any longer; I know my way now; get out of the cart"—he said, "No; I will not leave you; I came out with you, and I will go home with you"—we then went over the water, over London-bridge, and when we got to Stones' End, in the Borough, he asked me if I had got my money—I said, "Yes"—I do not know whether he said, "Let me see it," or "Have you got it safe?" but I put my hand into my pocket, and I said, "Yes, I have got my money"—I took out a good handful of gold, and, as I was going to put the money back into my pocket, he put his hand into mine, and took the money, and said, "You shan't carry that, you are not in a fit state to carry it; you shall have this when you get home"—he said, "I have got 15l."—he had it in his hand, and he put it in his pocket—we went on to the Walnut-tree in St. Alban's-street, which is just opposite to where I was going to stop—but before we got there, after the prisoner took the gold from me, be put his hand into his own pocket, and pulled out a purse with notes in it—he had something that looked like notes in it; and he wanted me to give him the rest of my gold for his notes—he said, "Give me the rest of the gold for these notes, you will lose it; I will give you the notes for the gold"—I refused giving it to him, and kept driving on—when we got to the Walnut-tree, he got down, and went into the public house—I got down, and put the nosebag on my horse, and fastened the traces, which had come undone—I was better at that time, but I was weak; I had no strength in me—I went into the public house, and the prisoner was coming up the stairs from the skittle ground—the potboy had got the skittle ball in his arms, and was going downstairs—the prisoner said, "Come on down here," and I went down into the skittle ground—the prisoner put the skittle pins up, and we played for some ginger beer and spruce; and I think there was some brandy came in, but I will not swear—the prisoner proposed it, and we played for that drink and a
sovereign—we played that, he won it; and then he asked me to play again, and he put some chalk marks on the table, and he asked me to put down 5l., I did so, and he won it—he said, "Play this way;" and I played according to his direction—I did not understand what those chalk narks were, no more than he told me—he said, as we won we were to rub one of those off, but he rubbed some off before we began to play—I played for 5l., and lost it—he chalked something on the table; and he said "Play again"—I said, "No"—he said, "Yes, come on, play again, post the pony"—and he held bis money out for me to give him 5l.; I gave him that—he took it, and put it into the potboy's hand—the prisoner won that game, and he wanted to play again—I said, "No, I want to go over the way"—I did not play after that.
Q. Did he offer to give you anything? A. Yes; 50l. that was between the last two games, because I did not want to stop any longer—he wanted me to play, and I said, "I have got no more money"—he said, "I will give you 50l. if you want it"—we then played for a bottle of port wine—that bottle was not finished; when we had done playing, there was some left—we gave it away to some persons in the ground—I asked the prisoner for the money he had of me, and he said, "I will give you that when we get home"—then we went across to my friend's—I asked the prisoner several times for the money—he said be would give it me when we got home; and after I had asked him several times, he said he would not give it me at all—the prisoner went with me to my friend's house, whose name is Innes, and it was there that he first refused altogether to give me my money—Innes was present—there were two constables afterwards came, and I gave the prisoner in charge—Innes sent for my sisters, and they sent for the policeman; at least they sent for my father, but he was not at home—the prisoner went into the yard at Innes,' and I saw him try to get over the wall—that, was before the constables came—a young man took hold of the prisoner, and prevented his getting over the wall—that young man is not here.
COURT. Q. Did the prisoner hear the order given for the policeman to he sent for? A. I cannot tell; I did not hear it myself—the prisoner tried to get over the wall before the policemen came, and after they came—he bad one leg over the wall!
MR. REED. Q. How was it you played with him after he took the 15l. from you? A. I did not think he meant to rob me; I thought he was a gentleman—he did not take it from me with my consent—I told him I could do as I liked with my money.
Cross-examined by MR. BALLANTINE. Q. Your were unwilling he should take it, but you let him have it—you did not offer much resistance? A. I told him I could carry my own money—I had 27l. in gold, and 19s. in silver—my young man, George Gray, saw it before I took it out—I left him in charge of my shop—I kept this money in my parlour in a box, which was locked—I thought it safer to take it out, and put it in my pocket—I had lost 2l. out of my box before—I thought it better to trust it in my pocket when I went out with this person I thought a gentleman, than to leave it in the box—I do not think I was out on the day before, on the Sunday—I went to market on the Saturday, and I was in and out amongst my customers—I did not take the 27l. amongst my customers, I took it when I went to market—I do not think I counted the money then, but I took the bag out of my pocket, put it in the box and locked it up when I got home—my friend Innes is not here—I did not think they would be wanted—they could be fetched very soon.
Q. Who are they—why do you say they—I asked you about Innes? A. I did not know that she would be wanted—it is a young lady—I went to see Miss Innes—she lives there with her mother, and her brothers—she is a particular friend of mine—I have kept company with her some time—we had crossed over the way from the Walnut-tree public house to her—I was not going to sleep there—the prisoner and I went over there together, and then, in Innes's presence, I asked the prisoner for the money—I had asked him two or three times for it—I do not know whether it was Miss Innes or her mother who sent for my father—I do not think the person is here who saw the prisoner attempt to get over the wall—he is a young man who lodges in Innes' house—I have not been in the habit of playing at skittles—only twice in my life—I played one afternoon with two young men—before I was a greengrocer I was a boy in a butcher's shop—I took the liquor that had such an effect on me at the White Conduit House, at Islington—there is not a witness for me here from the White Conduit House—it was not me who proposed to have something to drink—I said, "What am I to drink?"—the glasses were on the table—I left the room with the prisoner, leaving the stranger in the room—that was before I said "What am I to drink."
Q. Did you have any wine when you went to Innes's. A. Yes, some port wine; the prisoner paid for it—I had part of it—I do not think it was drunk—it was fetched from the public-house—the prisoner went out, and I went with him—when I asked him for the money, he said, "I will stand a bottle of wine; I will stand a bottle of wine"—I cannot tell whether Miss Innes drank any of it; I do not believe she did—after this drugging at the White Conduit, I cannot tell whether I drove or not till we got to the next public-house—I lost 11l. in gold.
ALFRED WELLS (policeman, L 192). On Monday, 26th July, I was called to a house in St. Albans'-street, by two lads—I went, and saw the prisoner in the back yard, in the act of getting over the wall into the next yard adjoining—I went and took him into custody—I told him he was charged with robbing the prosecutor of 15l.—he said be knew all about that; he had the money, but he had not robbed him—he then took this purse out of his pocket, with some gold in it—here is 11l. 10s. in gold, and 14s.6d., in silver, but it was not all in the purse at that time.
Cross-examined. Q. Do you know this Innes at all? A. No; I told the prisoner I took him for stealing 15l.—he said, "I know all about that; I have got the money; I will give it him when I get home;" and at the station he said he would give him the 15l. if he would not prosecute.
MR. REED. Q. Did you find any notes on the prisoner? A. None at all.
COURT. Q. You searched him, did you? A. Yes; I found no purse with notes in it; nothing of the kind.
COURT. to THOMAS HILLER. Q. You say in the Walnut-tree you played for 1l. and some drink, and afterwards for two 5l., and lost all? A. Yes; I paid him in sovereigns.
INGRAM (policeman, L 140). On 26th July I was called into a house, 10, St. Alban's-street—I saw the prosecutor, who said that the prisoner had got his money, and would not give it up to him—I then asked the prisoner whether he had got his money, and he said he had.
COURT. Q. Where was that? A. In the yard; this was before he attempted to get on the wall.
MR. REED. Q. Have you stated all that the prosecutor said when you
went into the house? A. Yes; he only said the prisoner had got his money, and he would not give it up—he mentioned the sum of 15l., and I asked the prisoner whether he meant to give it up—he said he would not, and the prosecutor said he would give him in charge—the prisoner then went from one side of the yard to the other, towards the dusthole—he had in his hand what appeared to be some sovereigns, and he had his hand behind him—he went towards the dusthole, and when he came back I saw that he had nothing in his hand, he came away without it—Wells took him in charge, and I went to the dusthole—I lifted up a piece of carpet that was lying on the top, and I found these medals lying there—here are seven large ones and one small one—I said, "I suppose this is some of the money?"—he said, "No, it is not; you have got nothing at last; it is nothing but whist markers"—we took him to the station, and when he arrived he offered to give the prosecutor 15l. that he had of his money, but be would not give him the 11l. that he won at skittles—he said he would give him the 15l. if he would not charge him—he then took out a purse—he had not been searched at that time, and when he came to open it he had not 15l. in it—there was 11l. 10s. in gold, and some silver and some halfpence—Wells has got it—this is it—the prisoner pretended to be tipsy—he was not so tipsy as he pretended to be—there were no notes found on him.
Cross-examined. Q. He was taken to the station? A. Yes; and there he offered to give the 15l.—the inspecting sergeant, Onslow, was present—he said, "I will give you the 15l. if you won't charge me, but I won't give the 11l. that I won"—I recollected that when I was examined at the police office, but I did not repeat it.
COURT to ALFFRED WELLS. Q. Where was the purse produced? A. At the station; I saw it first at the house, in the prisoner's possession, but it was not taken from him till he was at the station.
COURT to THOMAS HILLER. Q. Was it this purse that the prisoner had in the cart? A. There were two purses; I cannot swear to this one—he opened one, and I saw notes in it.
PARSONS. I am potboy, at the Walnut-tree public house. I saw the prosecutor and the prisoner come to the house—they played two or three games at skittles—they played for 5l. fagainst 1l., and then they played for 5l. each—they played two 5l. games, and the prisoner won.
Cross-examined. Q. Were they drunk, or sober? A. They were both drunk; the prosecutor did not say anything about the prisoner having got 15l. of his.
COURT. Q. They were drunk, and you served them with a bottle of port wine? A. Yes; I did not see him come over for another bottle afterwards.
COURT to THOMAS HILLER. Q. When did you first mention that you had lost 15l? A. At the Walnut-tree—I mentioned it to the prisoner himself—I knew that the sum he took was 15l.—he had it in his hand, and he said, "I have got 15l.," and he put it in his pocket—that was in the Borough-road, near the Borough School.
GUILTY . † * Aged 26.— Transported for Ten Years.
(Several officers stated that the prisoner was a regular skittle sharper, and the associate of thieves.)
Before Mr. Common Serjeant.
in the morning, I was in the Walworth-road—I saw a man standing at the end of a court by Mr. Fox's house—I went to the spot, and when I got up to it the man was not there—I pushed against Mr. Fox's door, and found it was unfastened—I went into the shop and turned my lamp on—I found the prisoner in the shop, which is in front—the dwelling house is at the back—he had not got anything down, but he had a piece of meat in his hand—it was still on the hook—I said to him, "Hallo, my friend, what are you doing here?"—he said, "George, come and serve us that half pound of steak"—I looked, and I saw nobody—I gave an alarm—Mr. Fox came, and I took the prisoner in custody.
CHARLES JAMES FOX . I am a butcher, and I live at No. 27, Crosby-row, Walworth-road—it is my dwelling house, as well as my shop—it is in the parish of St. Mary, Newington—on 16th Sept., about 1 o'clock in the morning, I was awoke by a noise in my shop, which opens into the street—there is only the shop door—you must go through the shop to go into the house—I came down, and found the prisoner and the officer there—I never saw the prisoner before—he had not the least right to be in my shop.
Prisoner. I and the policeman were standing together. Witness. You were bustling about—you resisted very much, and said you would not be handled by me.
ALFRED CRITCHER . I am shopman to Mr. Fox. I and my master had shut up the premises about ten minutes past 10 o'clock on the night before—we were the last in the shop—we were in bed by a quarter-past 10—I fastened the door, I bolted it at top, and tried it afterwards, it was all safe—I was awoke by the noise—I put on my things in the room I sleep in, which is next to the shop—I saw all that passed, and heard all that passed.
Prisoner's Defence. I was in the habit of going to the ham and beef shop, and that night it was shut up; I turned back, and thought I would go to the coffeeshop; as I got just by Mr. Fox's, two females said, "Here is a butcher's shop open;" I went and stood at the door for two minutes; I then went in and found no one there; I stamped my foot on the floor, and called, "George!" who I knew used to live there; I thought I would get a bit of steak; the policeman came in and took me; he said he saw me standing at the door; I had the money in my hand; I do not know whether I pushed against the meat or not; there were marks of violence on the door, and there is but one bolt, which is the top bolt; there is another man who lives with Mr. Fox, who ought to have been here.
MR. FOX. I have another man who sleeps with me—he was there that night.
(The prisoner was further charged with having been before convicted.)
GEORGE QUINNEAR (police-sergeant, P 1). I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted, Sept. 1849, of stealing fifty sovereigns and a piece of leather. Confined eighteen months—the prisoner is the person—there was another person tried with him who was transported.
GUILTY.— Transported for Seven Years.
MR. LILEY conducted the Prosecution.
JOHN FRANCIS LANE (policeman P 369). On Wednesday 25th Aug., a few minutes before 12 o'clock in the day, I was on the canal bank, at Peckbam—I saw two lads exposing themselves on the bank—I was in plain clothes—they appeared to be from fifteen to seventeen years old—I spoke to them,
and took them in custody—I took hold of one hand of each of them; while I had hold of them the prisoner Kimber came running up, and asked sme what I was going to do with the boys—I told him I was a police constable, and was going to take them to the station house—in reply, he asked me to let them go—he said, "We were lads ourselves at one time"—I told him I had taken them in custody; I could not let them go—he then told them to lie down—I asked them to go quietly to the station, as it would be better for them if they did—the boys then seemed to come along—Kimber then said, "D—n your eyes you shall not take them," and he caught hold of the boy that I had by my left hand and pulled him away from me—he next took hold of the collar of my coat with his left hand, and took the other lad with his right hand—several men who were in a barge very near the place called out "Down with the b—r; down with the b—r!"—Kimber then pot bis foot between my legs, and endeavoured to throw me down—I was compelled to let the boy go to defend myself—I then took took hold of Kimber, and told him to consider himself in custody for rescuing the two lads—he said, "I will rescue you, you b—r," and he threw me down—I believe we both fell at that time—I got up, and we fell eight or nine times—while I was down he jumped on me, with his knees several times on my bowels—he pressed very heavily—I called for assistance on Mr. Bourne, to aid and assist me, in the Queen's name; and he went to the station-house—I called on the men in the barge to assist me—they did not assist me; they said, "You b—r, we shall not assist you"—the last time I fell, I fell on my back, and Kimber jumped on me with his knees, and I was hurt very much at that time—when I got up I saw Pike, whom I had not seen before—he said to Kimber, "Run, you b—r, run!"—a lad came up, and I heard him say, "Here is a policeman coming!"—I then caught hold of Kimber by his coat, and Pike struck me in the breast with his right hand, and pulled Kimber away with his left hand, and said, "Let go, you b—r"—I believe it was with his open hand—Kimber then ran away—Pike struck me very hard, I reeled against the fence, and Kimber got away—I said to Pike, "I am a constable"—that was just after he had struck me—he did not strike me after I told him I was a constable, but he pulled off his jacket, and said, "I am enough for you, you b—r; you can have a go at me if you like"—he was coming up towards me, and I pushed him away—I did not say anything at that time—after that he put on his jacket, I believe—he was advised to go away, and he went away, in a direction towards the barge, in which the men were who had called out to me—several persons followed him—I produced my warrant card—I went to the station—I had a violent pain in the bowels—I could scarcely stand or move—I then went home—I vomited and spat blood, and have done so a great deal up to this time—I have not been able to resume my duty—I have beenunder medical treatment.
Kimber, When I came up to you, and asked you what you were going to do with the boys, you said, "Whad odds is it to you?" you never told me you were a policeman till the row was all over. Witness. I told you I was a police constable before you touched the lads—I did not strike you at all.
Cross-examined by MR. PARRY. Q. You were in plain clothes? A. Yes; I finally produced my card as a policeman, but not till the row was all over.
MR. LILLEY. Q. Why did you not produce it before? A. I was afraid to pull it out before—there were more than a hundred persons about—the boys were on the public path.
On 25th August, I was in the garden—I saw the policeman take two boys, and lead them along the side of the bank—I saw Kimber come away from the barge, and rescue the two boys from him—I saw him struggling with the policeman, and saw them go down, I did not notice how many times, I thought not above four or five—at the second fall that they had, I saw Kimber was undermost—and he kicked at the officer's head, but his head was down, and the kicks went behind his pole—he kicked at him three or four times—they struggled and got down again—they struggled three or four times before they got to the corner of my garden, and there they fell down very heavily on the footpath, and the constable was undermost—I saw Kimber get up and run away—Pike came up just at the time Kimber ran away—I believe there were some words between the officer and Pike, but there were so many people crowding round, and talking, that I could not hear what they said—Pike came up and prevented the constable going after Kimber—I saw Pike pull his left arm out of his jacket.
Kimber. Q. Did you see me kick his head? A. No; but you kicked at his head.
JURY. Q. You say you saw the constable with two boys; how did you know he was a constable? A. I did not know it then.
Cross-examined. Q. When you saw Pike with his arm out of his jacket, was he coming from his own brick barge? A. Yes; he was taking off his jacket to fight, I understood.
THOMAS JOHNSON . I live in Park-road, Peckham, and am a commercial traveller. On the day in question, I saw the officer on the bank of the canal—he was taking two boys, one in each hand—Kimber came up and told the boys to lie down—they did not lie down, and Kimber immediately laid hold of one of them, and pulled him away—the constable laid hold of Kimber with the same hand that he had held the boy, but he found him too strong, and he was obliged to let go the other boy—a struggle ensued—they were up and down several times, and I saw Kimber kneel on the constable several times—he usually kneeled on his bowels—Kimber was usually uppermost—I should say there were fifty or sixty persons round—Kimber ran away; I do not know why—I was fifty or sixty yards away—I saw the constable afterwards, he appeared to be very weak.
CHARLES WITTWER BOURNE . I live at 2, Canal-place, Peckham. I saw some one coming along with two boys, and I afterwards ascertained it was the officer Lane, he had one boy in each hand—Kimber came up behind him, and took hold of the boy on the left hand side, there was a severe scuffle—he took the boy away, and the end of the scuffle was blows—the two boys got away—there were heavy blows between Kimber and the constable—when they fell I walked up to know what was the cause—I only saw the first fall—the constable called for assistance in the Queen's name; and there being so many people round, I said I would go to the station, and when I came back I met the officer—he was in a bad state, he had had very severe falls; he was very much exhausted.
EDWARD GODFREY (police-sergeant, P 17). On 27th Aug. I went to a field in Neal-street, Camberwell—I saw Pike and one other person—I told Pike I was going to take him into custody for assaulting one of our men, and rescuing a prisoner—he said, "I did not assault one of your men"—I said, "You must go to the station"—he said, "You must wait till my father comes"—I waited about twenty minutes, and he then turned round and picked up some potatoes—I said I could not wait any longer, he must go—then he said, "I will drop into the first b—r that comes near me"—his father
came up, and after that we had no further trouble with him—he went quietly.
JOHN SWAN FLOWER . I am a surgeon, and live at Denmark-hill. On 26th Aug. I was sent for to attend the officer, Lane—I found him lying on a sofa—he complained of violent pains in the right side, and pains about the abdomen, but especially of the pains on the right side—he seemed very feeble—he vomited blood and passed blood otherwise, and he has continued to do so till within the last few days—he was in a dangerous state during the first eight days, since that he has progressed favourably, but it will be some time before he will be able to do his duty—the wounds were of an internal character, producing haemorrhage from the bowels—to have produced such results the injury must have been very severe.
COURT to LANE. Q. Did you say anything to the boys? A. Yes; I told them I was a police constable, and I should take them into custody—I asked them their names, and they refused to tell me.
KIMBER— GUILTY of a Common Assault. Aged 24.— Confined Two Months.
PIKE— NOT GUILTY .
>ADJOURNED TO MONDAY, OCTOBER 25TH, 1852.