CENTRAL CRIMINAL COURT.
HUNTER, MAYOR. TWELFTH 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, October 25, 1852.
PRESENT—Sir JOHN KEY, Bart., Ald.; Sir CHAPMAN MARSHALL, Knt., Ald.; Sir GEORGE CARROLL, Knt.; Mr. Ald. HOOPER; Mr. RECORDER; and Mr. Ald. MOON.
Before Mr. Recorder, and the First Jury.
NOT GUILTY .
GUILTY. Aged 20.—The prisoner received a good character, and was recommended to mercy by the prosecutor. — Confined Seven Days.
GUILTY . Aged 15.— Confined Two Months.
GUILTY . Aged 34.— Confined Six Months.
GUILTY . Aged 25.— Confined Twelve Months.
MR. PAYNE conducted the Prosecution.
WILLIAM BEAMAN , (policeman, S 119). On Monday, 4th Oct., about 12 o'clock at night, I was on duty in Heath-street, Hampstead—I passed Mr. Disney's premises at that time—I tried the shutters, and they were secure—I passed again at half past 12, and then found the shutter down, and lodging on the bar—the bar was put down, and a bolt out, and a pane of glass was
broken—I rang the bell, and called up Mr. Disney's son—I met my brother constable on the other side of the way, and gave information to him—we both went in pursuit of the prisoners—I went round to Lynch's house, expecting they would make their way home—my brother constable had told me that he had met Lynch—Lynch's house is at New-end, about 150 yards from the prosecutor's—I found the door ajar—I waited outside the door, expecting they were in some of the adjoining courts—no one came there—my brother constable went round New-end.
FRANCIS DISNEY . I am a shoemaker, and have a shop in Heath-street, Hampstead. I do not live on the premises; my son does—he is not here—he is in my employment—I pay the rent—my attention was called to the premises at 9 o'clock on Monday morning, 4th Oct.—these shoes (produced) are mine—there are two odd ones, and one pair—they were in my shop on Saturday evening, 2nd Oct., and were gone on the Monday.
Cross-examined by MR. COOPER. Q. What do you know them by? A. By the make—I never sold them—my son sells in my absence—I expect he would not sell odd shoes—these are odd ones.
COURT. Q. Were they made under your superintendence? A. Yes.
HENRY HAWKES (policeman, S 315). On Monday morning, 4th Oct., about half past 12 o'clock, I was on duty at Hampstead, about 300 or 400 yards from Mr. Disney's, and saw the two prisoners running in a direction from Mr. Disney's shop—Dwyer had something in his hand, but I could not tell exactly what, it being dark at the time—I followed them, and lost sight of them—I knew Lynch before by name, and Dwyer by sight—about ten minutes after losing sight of them I saw another constable, Thomas Hawkes, following Lynch—I told him of the robbery, and he took Lynch into custody—I followed Dwyer, and took him about 300 or 400 yards off—as I went towards him I saw him drop this boot—I took him into custody, and took him to the station—they both inquired for Mr. Disney, and said they wanted to make it up, they wanted to pay all expenses for what they had done.
Cross-examined. Q. Had they been drinking? A. They had been to a public house—I believe Dwyer had been drinking—Lynch was sober—I have known Lynch a long time; his father is a coal and potato salesman, and a respectable man—they had no money with them.
THOMAS HAWKES (policeman, S 211). On this Monday morning, about a quarter to 1 o'clock, I was in Well-street, Hampstead, and saw both the prisoners coming towards Well-walk—they saw me, and seemed to shun me, and turned back—they were going in a direction towards Mr. Disney's—I followed them, and lost sight of them for a minute—I found them again standing against a tree, talking very low—I could not hear what they said, but it attracted my attention, as they were standing close to where somebody had broken in on the Friday night—they came towards me—Dwyer turned up towards Squires Mount, and Lynch came by me—I stepped out behind him, and said, "Good night"—he made me no answer, but walked faster—that made me have more suspicion—I followed him up, and just as I got up to him the last witness came up, and in consequence of what he said to me, I took Lynch into custody—he said to me, "You have no cause to hold me so tight, I will not run away"—I said, "No, I will take care of that"—he said, "As it is all found out, I may as well tell you, and see if you cannot make it all square; I do not mind being my part towards it, and I dare say the other one will do so"—he told me they had been drinking together at Mr. M'Kenzie's, at the Horse and Groom, and when they came out they went to do something, but did not say what—he said, "I never touched the
shutter or the shoes, though I had as much to do with it as him; if we had got clear off we could have spent it all in two hours; so see what a mess we have got into—he said he would ask Mr. Disney to speak for him—that he had dealt with Mr. Disney, and had bought the pair of shoes of him that he had on—he said if I could put it square for him he would treat me to anything, or give me anything—he said at the station house, that he had never stolen anything before—they both offered to make it up with Mr. Disney, and offered to pay anything be charged for the damage.
WILLIAM BEAMAN re-examined. I am quite sure it was at 12 o'clock that I examined the shutters—I then went into the High-street—it was just half an hour afterwards that I examined them again, and found the window broken—I did not see either of the prisoners about—I cannot tell how the shutters were fastened.
HENRY HAWKES re-examined. One of these odd shoes was found in Mr. Dawson's garden, in Heath-street; it had been thrown over from the street; it was found close by where I stopped Dwyer—the wall is about five or six feet high—this pair of shoes were found and sent to the station by a person who is not here.
(The prisoners' statements before the Magistrate were read, as follows—Dwyer says, "The shutter was down before I came up to the place—I did not touch the shutter—the window was broken also—I saw the window broken, and I put my hand in and took one of the boots—that is all I have to say."—Lynch says, "I saw the shutter down as I was on the opposite side of the road with Dwyer—Dwyer went over the road, and I went away—I saw him do nothing—I did not see him touch he window.
FRANCIS DISNEY re-examined. I do not think the shutter was properly fastened that night; I have reason to believe so—the window was broken so that a person could put his hand in—the boots were standing in the window altogether—I have known the two prisoners from their infancy; I never knew them do a wrong action—Dwyer lived with Mr. Peat, a baker; he was to be here to speak to his character—Lynch has dealt with me; and his father, also, for years—Lynch worked with his father—I think they had been drinking, or they would not have done it.
LYNCH— GUILTY . Aged 20.
DWYER— GUILTY . Aged 17.
Strongly recommended to mercy by the Prosecutor and Jury.
Confined Three Months.
984. WILLIAM RIX , breaking and entering the dwelling house of Mary Ann Lamb, and stealing therein 5 coats, and other articles, value 20l.; the goods of Henry Delmar Van Toll. MR. COOPER conducted the Prosecution.
MARY ANN LAMB . I am a widow, of 2, Stoneleigh-cottages, Twickenham. On Sunday evening, 17th Oct., about a quarter past 6 o'clock, I left my house; the two back doors were bolted with two bolts on each door—I let myself out at the front door, which has a spring lock; I am sure I shut it; I pushed it with my hand—I took the key with me, and left no one in the house—I returned in about twenty minutes, and saw a light in my bedroom—I went to Mr. M'Crae, next door, and asked him to come with me—I do not know whether he went in; I stopped in the garden, and he went to the house—I went in about twenty minutes afterwards, and found my clothes lying on the floor of my bedroom, and a drawer broken open, in which I kept the articles I have lost—I had seen them there that day; they belonged to my son in law.
minutes to 7 o'clock—I went out and saw a light in her bedroom—I sent my wife for assistance to one place, and my servant to another—I stayed there some time, till assistance came—a noise was made outside, and the light was put out—I went round to secure the two back doors, and the back part of the house; I stopped there some time, and the door was tried to be opened from the inside; and after that the light appeared at the window over the door, and the curtain was pulled on one side, and then there was a second attempt to open the door—my wife came round and told me something—I left two of the neighbours, one at each door, and went round in front and heard some one say, "Fire!"—I saw a poker between the doorpost and the door, to force it open, as it was being held—several stood outside the door, but they heard "Fire!" called inside, gave way, and a man came out and passed me; then a second man came out, who I seized; it was the prisoner—he struck me with a poker over the right hand before I got hold of him—that was because I tried to get hold of the poker, and then he struck me across the jaw—I retained him; he had a crowbar, or jemmy, in his hand—next morning I found a skeleton key in the next door garden; the police sergeant tried it to Mrs. Lamb's door in my presence, and it fitted—I found this jemmy (produced) just outside the front door.
Cross-examined by MR. BALLAANTINE. Q. Am I to understand you never let go of the prisoner at all? A. Yes, but he did not get away; Green and other parties there had him as well—I seized him before anybody else; I am quite sure of that—he was coming out of the house—Green was close, handy—I am sure the prisoner is the person who came out—it was a dark night—I lost sight of the prisoner before he was given into custody, because I went inside the house after he was secured by those I knew, but I remember him perfectly well by his appearance—there were plenty of lights—I found no one in the house, but there had been some one close by—the back part of the house was open, and at the time the prisoner came out I saw a third party behind.
JAMESH GREEN . I am private watchman to the Dowager Duchess of Northumberland, and live at Isleworth. On Sunday evening, 17th Oct., about 20 minutes to 7 o'clock, I was called by Mr. Tutton, of the Anchor Brewery—I followed him to Mrs. Lamb's house—I was told there was some one there, and I put my foot against the front door post, and laid hold of the knocker—some young men laid hold of the door—I heard some one inside unlock the door, and try to get out—I held on, but some person got this poker (produced) between the door and the door post—I tried to get it back again—the man that had the poker in his hand said twice, "D—n your eyes, shoot;" and as he said that, the two young men who had hold of the door ran away—they were stronger inside than I was—they wrenched the door open, and pulled the door towards them, and two men rushed out—as they came out, this poker, which was in one of their hands, poked me in the chest—I got one by his coat, and the other by his collar—the first one got away—I held the second one by the collar, till several persons sang out that he was a young man well respected, and a neighbour; and I let him go, and assisted in taking another, who was in the yard—the one I had by the coat, and who got from me, did not get away from the premises—somebody else stopped him, and I helped to take him—the prisoner is the man—I am positive of it.
Cross-examined. Q. Did you catch hold of the person who had the poker? A. Yes; I was the first person who caught hold of him—M'Crae caught hold of him, but not till I had let him go—we might hare both caught hold
of him at one time—I was not at the back of the house at all—I kept hold of the prisoner's collar, and the police came and took him from me—there were more laid hold of him than me; one was a mason—the prisoner is the person whose coat tail I caught hold of—he wriggled himself away—a woman had hold of him when I went to her assistance—I may have lost sight of him while I had hold of the other by the collar; I cannot say whether I did—when I caught hold of him again, a woman had hold of him, and soma men as well.
MR. COOPER. Q. M'Crae stood close to you when the men came out of the house? A. Yes; I laid hold of the knocker with both hands, and cannot say who was behind me, but I suppose there were a score of people there—I believe the prisoner got six feet from me at the furthest.
MARY DART . I live at the Mulberry Tree, which is near Mrs. Lamb's. On Sunday evening, 2nd Oct., I heard a report, and went to Mrs. Lamb's; it is a cottage with a small garden in front, which is entered by a gate—as soon as I entered the gate, I saw a man open the door from within, with a candle in his hand; he had a very long sharp nose—he closed the door—my husband called to two young men who were passing, to hold the door, so that they could not get out, while he went round to the back—a short time afterwards I saw that the light was out, and in a short time afterwards I saw it again—the door was then opened, and the first person I saw was the prisoner and then another man, and, I fancied, a woman—that was at the time the people were pulling as the door—the prisoner came out first; that was the first time I had seen him—Mr. M'Crae and a roan named Green took him—directly the door opened, they called out, "Shoot, fire!"—the police came, and the prisoner was given into custody—I entered Mrs. Lamb's house, and picked up a gold pin; the house appeared a little disordered, and I saw a large writing desk that had been broken open.
Cross-examined. Q. I understand the person you saw with the light was not the prisoner? A. No; in the confusion I cannot exactly say who the other man who came out was, but I saw them both together, and I lost sight of the other: but Mrs. Hogg seized him, and I took hold of him behind; he said, "Let me go, I am well known, now is time for the police;" or, "I will see for the police," and he got away—I was able to see the prisoner so as to say he is the man.
JAMESH CHANDLER (policeman, N 322). I received information, went to Mrs. Lamb's, and found the prisoner in custody of another constable—I went upstairs, and found a trunk standing open in the bedroom.
WILLIAM BUTCHER (policeman, V 17). I went to Mrs. Lamb's house twice; the second time two skeleton keys were given to me by M'Crae, and I found two more in the garden—I tried them to the doors, and they fitted and opened them—I put the jemmy to the marks on the drawers, and it corresponded exactly with the indents.
GUILTY . Aged 30.— Transported for Ten Years.
NEW COURT.—Monday, October 25th, 1852.
PRESENT—Sir CHAPMAN MARSHALL, Knt. Ald.; Mr. Ald. MOON; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
THOMAS WOOLCOT . I am in the employ of Mr. Henry Moses and two others. On 21st Sep., in consequence of what I heard, I missed four sets of billiard balls—the prisoner was on the premises that day—I saw him in a little anteroom, where the balls were kept—he was making up cases—he came and told me he was about to leave—I then went and counted the billiard balls, and found there was another set gone—I went and told Mr. Henry Moses—he and I came and questioned the prisoner, whether he had got anything about him—he said he had not—his jacket was lying on one side—I felt it and found a set of billiard balls in it—I asked the prisoner if the jacket belonged to him—he said it did—I asked him why he did not put it on—he put it on, and I asked him what he bad in his pocket—he pulled out a set of billiard balls—I accused him of taking four other sets, which he strongly denied—I told him if he would be honest and tell the truth it would be in his favour—there were a great many other persons about who belonged to the premises.
Cross-examined by MR. DEARSLEY. Q. Am I to understand that you saw the prisoner in the place where these balls were? A. Yes.
(The prisoner's father gave him a good character.)
NOT GUILTY .
COOK SHEPPARD . On 26th Sep. about 9 o'clock I was on London-bridge, standing still—I felt a rustling behind me—I put my hand in my pocket, and missed my cigar case—I looked round, and saw the prisoner close behind me—he walked away—I followed him, and asked him for my cigar case—he said he had not got such a thing—I saw him taken—he took the case out of his pocket and gave it to the officer—this is it—it is mine.
Prisoner. Q. How far was I from you when you gave me in custody? A. You were some distance when I gave you in custody.
THOMAS M'INTOSH (City-policeman, 581). I was called and took the prisoner in custody—I asked him what he had done with the cigar case; be denied having it—he afterwards took it out of his pocket and gave it me.
Prisoner's Defence. I went down to London-bridge to see if I could earn a few halfpence by the steam boats; I picked up the cigar case, and put it in my pocket; this gentleman came and asked if I had a cigar case; I said I had, and I gave it.
GUILTY .* Aged 32.— Confined Six Months.
MR. DEARSLEY conducted the Prosecution.
LYDIA JONES . I am the wife of Nathaniel Jones; we live at 7, Padding-ton-street, St. Marylebone. I know the prisoner; I know Jane Povey—I was present on 30th June, 1849, at her marriage to the prisoner, at St. Mary's church, St. Marylebone—her name was Bryer; she is living—I was a subscribing witness to the register—I produce the register; this is it.
NICHOLAS KINGSTON CHUBB . I live in Edgeware-road, and am relieving officer to the Hendon Union. I produce a copy of a register from the Church of St. Mary, Marylebone; I compared it with the original—it is correct—I examined it on 5th Oct.
Cross-examined by MR. PARRY. Q. How did you examine it? did you have some one to read it? A. I stood over the clerk while he wrote it; this is not my writing, but the writing of the parish clerk—he is not here that I am
aware of—perhaps I did not see every word of this written, but he read the book afterwards, and I held this paper in my hand while be read the book—that is the way I examined it—I saw the clerk write, but not every word—I held this in my hand while he read the book—that is the way it is generally done—that was the way in which I examined this on that occasion.
MR. DEARSLEY. Q. The clerk read the book, and yoa read this, at the same time? A. Yes; they were word for word alike.
COURT. Q. What did you do on that occasion? A. I saw the clerk write this; I will not swear it was correctly written—I saw him write this from the book of marriage registers—I saw the book—I did not read the book—the clerk read the book after he had copied this—the clerk read from the book, and I read the copy—I did not read from the book at all—all I know that it is correct from the book, is because the clerk read it so—I never read the words in the book—I did not read the whole of the words in the book while he was copying it; I might read some of them.
JANE STEDMAN . I am the wife of David Stedman, 3, Regis-street, Edinburgh, a rope maker. I have a sister named Isabella Graham—she left Scotland about three years ago, and returned in June, 1851—she lived at my house where I then lived—the prisoner used to visit her at my house—he paid his addresses to her—on 25th Aug. of that year I was present at their marriage, in my house, at Edinburgh—they were married by the Rev. William Reid, minister of the United Presbyterian congregation, in the Lothian-road—I knew him before, and used to attend at his church—I was present at the marriage—I did not sign anything—I saw the marriage lines signed—I saw a paper signed—it was a regular marriage.
Cross-examined. Q. I believe she has lived very comfortably with the prisoner, and she does not prosecute him? A. No; this ceremony was in my house, which was a small private house, at 1, Gillespie-street, Edinburgh—the gentleman who performed the ceremony is alive—he is not here—he is in Edinburgh—I know him as a minister of the Gospel—I attended Divine worship under him—the banns were published, but I did not hear them—the prisoner had lived in my house three weeks prior to that; I am sure of that—there were several persons besides me present at the marriage.
MR. DEARSLEY. Q. Were you married in Scotland? A. Yes, in a private house; that is the usual way in Scotland—they are never married in the church.
COURT. Q. How long after this did they live together? A. They went away that week, and came to London that week; they were married on Monday, and sailed on the Wednesday following—I saw them between the Monday and the Wednesday, living together in my house, as man and wife.
THOMAS WILLIAM SMITH TORTELL . I am clerk to the Magistrates at Edgeware. I produce a copy of an entry of marriages, in the parish of St. Cuthbert, Edinburgh—I examined it with the original—the original book is in the custody of the Session-clerk of the parish of St. Cuthbert, Edinburgh—they remain in his custody according to the law of Scotland—I wrote this copy myself; and then I took the book and this paper, and compared two words by two words.
Cross-examined. Q. What is this? A. A copy of the register of proclamation of the marriage—I found the book in the custody of the Session-clerk of the parish of St. Cuthbert, Edinburgh. (MR. PARRY objected to this evidence, it being a mere extract from a book of a foreign country. MR. COMMON SERJEANT did not receive the evidence.)
JOHN HUGHES (Police-sergeant, S 3). I apprehended the prisoner at Clerkenwell, by virtue of a warrant, on a charge of unlawfully being married to Isabella Graham, his wife being alive—he said, "Very well, I fully expected it"—I took him to Hendon.
MR. PARRY to JANE STEDMAN. Q. You were married in a private house? A. Yes; I was married by the publication of banns—they were published three times in a place of worship; not where I attended, but in another—the marriage was publicly registered.
GUILTY . Aged 30.— Judgment Respited.
GUILTY . Aged 30.— Confined Four Months.
OLD COURT.—Tuesday, Oct. 26, 1852.
PRESENT—Sir JOHN KEY, Bart., Ald.; Sir CHAPMAN MARSHALL, Knt., Ald.; and Mr. RECORDER.
Before Mr. Recorder, and the Second Jury.
GUILTY. Aged 19.—Recommended to mercy by the prosecutor. He received a good character. Confined Six Months.
GUILTY . Aged 16.—He received a good character.— Confined Six Months.
NOT GUILTY .
GUILTY . Aged 28.— Transported for Seven Years.
GUILTY . Aged 26.— Transported for Seven Years.
(The prosecutor stated that his loss amounted to upwards of 160l. but that, feeling great commiseration for his family, he was desirous of recommending him to mercy.)
GUILTY . Aged 22.— Confined Six Months.
GUILTY . Aged 32.—He received a good character.— Confined Nine Months.
GUILTY . Aged 40.— Confined Twelve Months.
GUILTY .* Aged 35.— Confined Three Months.
GUILTY . Aged 39.— Confined Three Months.
GUILTY. Aged 27.—Recommended to mercy. — Confined Twelve Months.
THOMAS NEAVE . I am assistant to Mr. John Grant, a pawnbroker, of london-wall. The prisoner came on 2nd Oct. to redeem some pledges; I had known her before—she paid 12s. and a few halfpence interest, redeemed the things and went away; a few minutes-after she had left, I missed a pair of trowsers which had been hanging inside the shop, not in the part where she was, but she would have to pass them in going out—I ran out and stopped her three or four doors off—I found the trowsers under her shawl—these are them (produced)—our private mark is on them—I had seen them about five minutes before she came in—I said to her, "This is not the first time that this has occurred"—she said, "Don't be too positive"—I gave her into custody.
Prisoner. As to the trowsers I have no knowledge of having taken them; I had been drinking very heavily on the Saturday. Witness. She was not in liquor, she was a little excited from being detected; I should not say it was from drink.
THOMAS WILLIAM HOLT . I am assistant to Mrs. Elizabeth Brown, a linendraper, of 10, Clark's-place, Islington. I did not miss any table napkins until the policeman came on Monday, 4th Oct., I then examined our stock—we had only three pieces, and I missed one—this (produced) is it—I cannot tell when it was taken—I can swear to its being in the shop on the Wednesday previous, it was placed on a row of linens in front of the window, inside—a person could get at it by reaching over—I do not recollect seeing the prisoner in our shop—I know this by our private mark—it contains
a dozen table napkins—I check all that we sell—I am sure this was never sold—I can prove it.
EDWARD KNIGHT (City-policeman, 72). After I took the prisoner into custody, I searched her lodging—she gave her address, and a key which opened her room door—I found these napkins in the bed between the sheets, just by the pillow.
Prisoner. These napkins, and the other things, were all in a sheet of brown paper tied round with a string, and four directions on it as it was brought to me on the Friday evening. Witness. That is not so; I found the room of her door locked; nobody else was living there.
Prisoner's Defence. The person that brought the things to me told me this was a tablecloth, and asked me to hem it, and mark it; I had not opened it at all—I was not aware that it was anything but a tablecloth, and the policeman himself said before the Magistrate that it was a tablecloth.
GUILTY of receiving.
NEW COURT.—Tuesday, October 26th, 1852.
PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. Ald. CUBITT; Mr. Ald. WIRE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY .— Confined Two Years.
GUILTY . Aged 50.— Confined Two Years.
GUILTY .* Aged 27.— Confined Twelve Months.
GUILTY . Aged 52.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
EDWARD WILLIAMS . I am barman at the Royal Yacht, in Stanhope-street. On 20th Sept. the prisoner came, between 11 and 12 o'clock at night, for half a quartern of rum—it came to 2 1/2 d.—my mistress served her—she tendered a bad shilling—my mistress tried it with the detector, and cracked a piece, or broke it off—I told the prisoner it was bad, and put it down on the counter—the prisoner took it up, and tendered another shilling, which was counterfeit—I tried that with the detector, and found it was bad—the prisoner then gave a third shilling, which turned out to be a good one—I am sure the second shilling she tendered was not the same that she tendered first—the second one was not bent till I bent it—the prisoner was detained, and taken into custody—she stooped down before I went for the constable.
the Royal Yacht. On 20th Sept. the prisoner came, between 11 and 12 o'clock, for half a quartern of rum—she put down a shilling in payment—I took it up and tried it—I found it was bad—I bent it in the detector—she then offered a second bad shilling—the young man took that up—he tried it—I saw it was bad—I saw the young man give it to the policeman—I noticed when the prisoner took back the first shilling that the stooped down in the bar behind the counter.
JAMES THATCHER (policeman, F 69). I took the prisoner—I produce this shilling—the prisoner gave her address at 2, Norwich-court, Fetter-lane—I went, but could find no person of her description or name, at the address she gave—one good shilling and 2d. was found on the prisoner.
(The prisoner put in a written defence, slating that she believed the first shilling to be good, and the other two she was certain were.)
GUILTY . Aged 21.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JAMES BROWN (policeman, M 55). I remember John Smith being convicted at this Court, on 2nd Feb., 1852, on a charge of passing bad money—he was confined six months—the prisoner is the man—(certificate read).
ANN THURLOW . I am a tobacconist, and live at Pimlico. On 95th Sept. the prisoner came to my shop, about 8 o'clock in the evening, for a pennyworth of tobacco—he offered a bad sixpence—I gave him the tobacco, and he took it out of the shop—I noticed the sixpence—I sent a person after him—he came back—he gave me the tobacco and change—I gave him the sixpence back—I had put the sixpence into my month and bit it—it was very soft—he said he did not know it was bad, and be could net have the tobacco? He had no more money about him—this is the sixpence (looking at it)—I know it by the mark where I bit it in my mouth.
Prisoner. Q. What did you do with that sixpence? A. Gave it you back, and you gave me the tobacco and change.
CHARLES HUNTER FROMANT . I live in Ebury-street, Pimlico. On 25th Sept. the prisoner came to my shop, about 10 o'clock in. the evening, for a set of shirt studs—I offered him a set for a shilling—he said he could not afford that, he had got but sixpence—I said, "Here is a tarnished set you can have for sixpence"—he stood considering, and at last he said, "I will take them"—as he was giving me the sixpence he turned and said, "I will have this set"—I said, "No; these are 8d."—he then said, "Give me the six-pence back"—I said, "No; it won't do, this is bad"—he told me he did not know it was bad—I said I would send for a policeman—he said, "I hope you won't lock me up, master?"—I said, "Where is your pal?"—he said, "I have got no pal"—but I had seen one with him, about his own size—I sent for the policeman, and gave him the sixpence.
WILLIAM LITTLE (policeman). I took the prisoner—the last witness gave me this sixpence—the prisoner said, "It is a shame to lock me up"—I said, "I must take you, the gentleman gave you in charge"—the prisoner said he had no abode nor any occupation.
GUILTY . Aged 21.— Transported for Seven Years.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
WILLIAM ADDISON . I am a fishmonger, and live in Old-street Road. On 17th Sep. the prisoner came to my shop about 7 o'clock in the evening for 6d. worth of oysters, unopened—he paid me with a 5s. piece—I gave him a half crown and two shillings—he left the shop—I looked at the 5s. piece, and I found it was bad—I went to the door to look after the prisoner—he was gone—I kept the 5s. piece in my hand till I gave it to the policeman—it was marked in my presence—this is it.
Prisoner. When you first came up you said you could not swear to me. Witness, No; I never had any doubt about you; I never said I had any doubt; I did not say that you came about 4 o'clock in the afternoon.
JOHN FLOWERDAY . I am a pork-butcher, and live in Hoxton. On Thursday evening, 30th Sep., the prisoner came about half past 8 o'clock for a penny saveloy—he gave me a bad sixpence—I showed it to my father—it was not out of my sight—we kept the prisoner, and sent for a constable, and gave him the sixpence.
Prisoner. You opened the drawer and put the sixpence in, and said it was a bad one. Witness. I never opened the drawer; I never put the 6d. in the till; the till was not opened.
MR. BODKIN. Q. Did the prisoner say anything? A. He said he had got no more money.
JURY. Q. Did Mr. Addison doubt the identity of the prisoner? A. No; I never heard him.
JURY. Q. The prisoner states that Mr. Addison had a doubt about the identity of the prisoner? A. Not in my presence; he did not.
Prisoner's Defence. I only offered the sixpence; I never offered the crown piece at all; I never was in his shop in my life.
GUILTY . Aged 21.— Confined Twelve Months.
NOT GUILTY .
MESSRS. BODKIN and CLERK conducted the Prosecution.
HENRY GAYFORD . I am shopman to Mr. Haines, a stationer, in King's-road. On 11th Oct. the prisoner came, a little before 9 o'clock in the evening, for a halfpennyworth of paper, and a halfpennyworth of envelopes—she gave me a shilling—I bent it with my teeth, and told her it was a bad one—she said that was not the shilling that she gave me, but I had changed it—it was never out of my hand from the time she put it on the counter till I bent it—after I bent it, I broke it in two with my fingers, and gave her the largest portion—I kept the other, and gave it to the inspector—after I had given the prisoner the large piece, she tried to get away—I went to the door and kept her back—a person went for a policeman, and she was taken—I did not see what became of the piece of the shilling that I gave the prisoner because I left the shop when the constable came.
shop when the prisoner was there—I did not see her give the shilling to Gayford, but I saw him try the shilling, and it bent—he told her it was bad—he broke it, and gave her a part—when the constable was sent for I saw the prisoner put her hand to her mouth, and she was chewing something—I said to her she had put something into her month, and she made no answer—before the constable came, she said, "It is no use sending for a constable; you cannot prosecute; I have got the piece of the shilling, and you shall not see it again"—the constable came soon after, and took her into custody.
JAMES GREEN (police-sergeant, B 31). I was called, and the prisoner was given into my custody—she was charged with passing a bad shilling—it was remarked by the last witness that the prisoner had put one part into her mouth—the prisoner made no answer—I did not look in her mouth—she was searched—no part of a bad shilling was found on her.
Prisoner's Defence. I gave him a shilling; he put it into the till, and took another one out, and said, "This is a bad one;" be took it in to his master, and his master came out, and said, "I am going to lock you up;" I said, "What for?"—he said, "For offering a bad shilling;" I did not know it was bad; he gave me a little piece of a shilling; I dropped it in the shop.
GUILTY . Aged 17.— Confined Six Months.
MR. CLERK conducted the Prosecution.
EDWARD GEORGE KEELER . I am a licensed victualler, and live in Ebury-place, Pimlico. The prisoner came to my place on 15th Oct. for a glass of porter—he gave me a shilling—I put it into the detector, and found it was bad—I told him so—he said, "Is it? let me have it again; my mother gave it me this morning in change"—I gave it him back, but I had cracked it quite across—he gave me another shilling, which was good—I put it into my detector, and it just bent, but I am satisfied it was a good one—I laid it down, and, before I could get the change from the till, he took that shilling up, and gave me another good one—for the last good shilling I gave him change.
ELIZABETH KATE DUNN . I am servant to Mr. Parkham, a pork butcher, in Queen's-road, Chelsea. On 15th Oct. the prisoner came into the shop, about half past 12 o'clock—he asked for a penny saveloy—I was in the parlour—I came into the shop—he had taken the saveloy out of the window, and it laid upon the counter—he gave me a shilling in payment—I looked at it, and bent it with my teeth—I told him it was a bad one—he said if it was bad he would go home and get another one—I took the shilling to my master—he came into the shop, and asked the prisoner if he had got any more—he said he had not—my master said he would give him in charge, and he ran out of the shop.
Prisoner, When I gave you the shilling, you opened the drawer and put it in. Witness. No, I did not—I took the change out of the till—I took up the shilling, and bent it with my teeth.
JAMES PARHAM . I am a pork butcher. I received the shilling from the last witness—I tried it with my teeth, and found it was bad—I said to the prisoner, "I shall lock you up"—he ran out of the shop, but was brought back again—he asked me to let him go—he said he had never been locked up before—I gave the shilling to the officer.
out of the last witness's shop as fast as he could—he ran about a quarter of a mile—he was stopped by a stranger—I searched him, and found on him a good shilling—I took him back to Mr. Parbam's shop, and received this counterfeit shilling from him.
GUILTY . Aged 18.— Confined Twelve Months.
JOHN COVER . I am a butcher, in James-street, Covent-garden. On 21st Sept. the two prisoners came about six o'clock in the evening; they asked for a sheep's heart—it came to 3d.—Francis tendered a bad half crown—I did not see it at first, but I heard it ring, and pronounced it bad—I gave it back to Francis—she said that they took it from the baker's, and she would go and get it changed—they went out and I followed them—they went down James-street, a little way down Hart-street, and passed by the Nag's Head—they then looked round and returned, and went into the Nag's Head—I waited outside, and saw them come out in about five minutes—they then went down James-street, and went part of the way through Covent-garden market to the shop of Mr. Lucas, a fruiterer—they did not go in, but stopped outside—they went back to the Nags's Head—I went in there, and they were given into custody.
Cross-examined by MR. PAYNE. Q. You have had a great deal of bad money lately? A. Yes; a great deal—my aunt took this half-crown first—I heard it ring—I then looked at it, and pronounced it bad—my aunt is not here.
MR. CLERK. Q. How did your aunt take it? A. Francis laid it on the desk—I was just by the block—my aunt took the half crown up and asked if it was good—I pronounced it was bad—it was not out of my sight—it was in my hand perhaps a minute—I rung it, and returned it.
Francis. The lady took the half crown and placed it in the bowl. Witness. No; certainly not.
WILLIAM PODD . I am barman, at the Nag's Head. On 21st Sept the prisoners came in together about six o'clock in the evening, Carter called for half a quartern of gin and peppermint, which was 2d.—they drank it, and Carter tendered me a half crown; I rung it on the counter, and thought it was bad—I gave it to my mistress—she put it between her teeth and bit it, and gave it to me—I returned it to the prisoner, and said it was a bad one—Carter said she was quite innocent, that some gentleman gave it her—she asked the other prisoner if she had any money, and she said she had only one penny, and asked if I would trust her—I said, "No"—Carter then laid her parasol on the counter, and said she would be back in a few minutes—the prisoners left the shop, and as soon as they were gone the last witness came in—in a few minutes afterwards both the prisoners returned to the shop, and they were given into custody.
Cross-examined. Q. Did not Carter ask the prisoner Francis if she had got a penny, and add, that she herself had one penny? A. No; Carter asked her if she had any money—Francis said she had only got a penny, and she pulled out two halfpence—Carter did not ask me to trust her a penny—she did not say what, she asked if I would trust her—I said I could not, and she said, "I will leave my parasol, and be back in a few minutes."
asked for a hundred walnuts—they came to a shilling—she gave ma half a crown, and I gave her change—both the prisoners were at the shop—they then left—after that my attention was directed to the half crown—it was in the till—there was no other money there—I saw it was bad—I took it and kept it in my hand till I got to the station, and gave it to the policeman—I had marked it.
WILLIAM BOYCE (policeman, F 71). The two prisoners were given into my custody at the Nag's Head, for passing a bad half crown—Francis said that her friend, meaning Carter, said that a gentleman gave it her—Francis gave her address at 12, Percy-street, Tottenham-court Road—I produce a counterfeit half crown which I received from Emily Bird, and a counterfeit half sovereign which I received from Mrs. Lear, who lives at 12, Percy-street.
MARIA LEAR . I live at 12, Percy-street, Tottenham-court Road. The prisoner, Francis, lodged with me a fortnight; she occupied the third floor back room—two days after she had left, which was on 21st Sept., I went to clean the room, and found a bad half sovereign wrapped in a piece of brown paper, under the coal box—no one had been in that room from Tuesday, the 21st, till the Thursday, except the constable and the policeman, who went in on the Tuesday.
Francis. The officer went and searched the room, and nothing was found, and then two days after she said that she found this; it is not at all feasible that it should be so.
CARTER— GUILTY . Aged 23.
FRANCIS GUILTY . Aged 22.
Confined six Months.
MESSRS. BODKIN and ELLIS JUN., conducted the Prosecution.
SAMUEL SCRATCHLEY . I keep the Ball's Head public house, Bromley St. Leonards. On 16th Oct. the prisoner came about 9 o'clock in the evening; he asked for half a pint of beer, which came to a penny, and he gave me a half sovereign—I gave him in change a half crown, three shillings, eight sixpences, one fourpenny piece, and two halfpence—I particularly noticed the half crown—after I had served another customer with a quartern of gin the prisoner put back a half crown, and he said, "I don't like this"—I said, "I don't like it neither, but that is not the one I gave you"—he said I must have given it him, for he had no other money about him—I had noticed that the half crown I gave him was George the Third's, and the one be gave back was a Victoria, with a mark on the head, rather scratched—I called a constable, and the prisoner was searched in my private parlour—he pulled off his boot himself, and put it under the chair—I took the boot and said, "If there is a half crown here, it is George the Third's half crown"—the policeman took it, and in it was a George the Third half crown—when I sent for the policeman, the prisoner tried to get away—I collared him back, and called on three persons to assist me.
Cross-examined by MR. REED Q. You gave him a half crown, and he put back a half crown? A. He tendered it back to me on the counter—he had not it in his hand, he put it on the counter and said, "I don't like this"—I said I did not like it—he said I must have given it him, for he had no more money about him, but afterwards he had a half crown beside.
RICHARD AMOS (policeman, K 339). The prisoner was given into my custody by the last witness—I have a bad half crown, which the prisoner gave me before I searched him—he said he had received it of the landlord and he had no more money—I took him into the apartment to search him, and while I was searching his jacket and waistcoat, the landlord took his boot up and there was a half crown in it—I found on the prisoner three shillings, eight sixpences, a fourpenny piece, and a penny, all good—the prosecutor said, when this half crown was produced that he had given him a George the Third's half crown, and this was it—I took the prisoner to the station, and as we were going he said, "I suppose I shall get six months for this; I have been at work for Mr. Mayer, and when I was paid I found I had a bad half crown; I went back, and they refused to change it, and being a poor man I thought I had better try and get rid of it."
GUILTY . Aged 27.— Confined Six Months.
MESSRS. CLERK and ELLIS JUN., conducted the Prosecution.
ELLEN BOND . My father keeps a baker's shop, in Old Brentford. On 7th Oct. the prisoner came about 3 o'clock in the afternoon—she purchased 4d. worth of biscuits—she gave me a sovereign—I bad not change enough—I went to the next house—Mrs. Goldsburg gave her the change—there was 19s. 6d. in silver—the prisoner said she particularly wished a half sovereign—I said I bad two half sovereigns upstairs in my purse, and I would take the sovereign, and get the two half sovereigns, which I did—I laid one half sovereign down before the prisoner, and I went round the counter to put away the change—when I got round the prisoner rang the half sovereign on the counter—I said to her, "Don't you like that; you may have this one" I took up the half sovereign that she had laid down, and it was a bad one—I believe the one that I had given her was good, I received it from my father—I had kept the two half sovereigns with some sovereigns I had—I had no other half sovereign—the prisoner left the shop—after the prisoner was gone my father came in the shop—I gave him the half sovereign.
Prisoner, Q. Did you not say that your drawer was not locked, any one might have changed it? A. The Magistrate asked if my drawer was locked—I said it was not always.
JAMES BOND . I am a baker, at Brentford. About six weeks ago I gave my daughter two half sovereigns, and five sovereigns—I weighed the half sovereigns before I gave them to her—they were good—on the 7th Oct. I was called into my shop—my daughter gave me what appeared a half sovereign—I found it was bad—I got a policeman, and went to the Wagon and Horses—I saw the prisoner there, and two men—they were all three taken in custody.
JOHN SMITH (policeman, T 92). On the 7th Oct. I was on duty, at Old Brentford, about 3 o'clock—I went to the Wagon and Horses—I saw the prisoner there, standing by the door—I told her she was charged with uttering a bad half sovereign, ringing the changes, and she had been with two men in a horse and cart—I went into the public house, and the two men were pointed out to me—I took the prisoner and one of the men—the other man went out at the door—another officer came up, and he went after him and took him—at the station one of the men said he was only giving the prisoner a ride—I found on one of the men 27s. in silver, a half sovereign
and some copper—on the prisoner there was a half sovereign and some silver—I received this half sovereign from Mrs. Bond.
Prisoner's Defence (written). I am entirely innocent, and by a careful investigation of the witnesses it will be fully proved; Ellen Bond stated at the Police-court, on being cross-examined, that the half sovereign now produced might have been the same that she gave to the prisoner in change, and she did not see the prisoner change the one she gave her; she had the two half sovereigns by her a month or upwards, and where she deposited them any person in the house could have changed them, as she never kept her drawers locked, and when her father gave her the two half sovereigns she never examined them, and cannot say whether they were good or bad; Mr. Bond stated the two half sovereigns he gave his daughter were both good; he gave them to her about four or five weeks ago, and his daughter's drawers and boxes were always kept locked, and no one in the house could have any access to them; this statement of Mr. Bond differs entirely with the last witness, his daughter, who stated that her drawers where she kept her money were not locked, and any one in the house could have gained an easy access to them; it is plain and evident that the whole of the case rests upon the evidence of Mr. Bond, and his statement is nothing more than supposition; it is impossible for him to swear the half sovereign now produced was changed by the prisoner for one of those he gave his daughter four or five weeks back, as he was not in the shop at the time, and saw nothing that transpired between the prisoner and his daughter, and Ellen Bond likewise says she did not see the prisoner change the half sovereign she gave her, but acknowledged at the Police-court that there was a bad half sovereign in the shop in a box where they keep their scales behind the counter, and the other witnesses, Miss Goldsburgh and the policeman, saw nothing of the occurrence; I certainly did not know the half sovereign was a bad one, and should have taken it bad not the witness Ellen Bond offered me another one, while she was examining it on the counter.
GUILTY. Aged 17.—Recommended to mercy, believing her to be the dupe of others.
Confined Four Months.
MESSRS. BODKIN and CLERK conducted the Prosecution.
THOMAS RICE . On 30th Sept. I was selling fruit in a barrow, in Brewer-street, golden-square—the prisoners came up, and Barry asked for a pennyworth of pears—he gave me a half crown—I gave him a shilling, with a Queen's head on, and a sixpence—I was going to give him the rest in halfpence, when Allen said, "Never mind changing the half crown," and she produced a penny—Barry gave me back a shilling and a sixpence, and I saw that the shilling was one with a King's head on it—the prisoners immediately left—I saw the shilling that Barry had given me was bad—I put it to my mouth, and bent it—I went with a policeman after the prisoners—I saw them by the stall of a woman who was selling fruit at the corner of Carnaby-street—when Barry saw me he ran away, but he was pursued, and stopped, and given in charge—I had the shilling in my hand, and I gave it to the policeman at the station.
Cross-examined by MR. REED. Q. What time was this? A. About 3 o'clock in the afternoon: I had received the shilling that I gave to Barry
on the same day, at the stall—when he gave me the half crown I gave him the 1s. 6d. immediately—he was standing by me—I noticed the Queen's head on the shilling I gave him, because it was the only shilling I had—I am very particular in noticing whether there is a Queen's head or a King's head on my shillings—I am confident I gave him a Queen's shilling—the sixpence had a Queen's head on it—it was all the silver I had—I kept it in my pocket—it is generally my custom to put money into my pocket, and not to take it out till I get home, or till change is required—I saw at once that the shilling Barry gave me was bad—I allowed him to go away, as I did not like to make any alarm about it, and I did not see any policeman about—when Barry received the 1s. 6d. from me, Allen said something, and Barry immediately handed the money back to me—he stood in front of me.
MR. BODKIN Q. Though he stood in front of you, and handed you back the change immediately, are you perfectly sure that he gave you a shilling which was not the one you gave him? A. Yes.
CHARLES BROWN (policeman). In consequence of what the last witness said, I went, and saw the two prisoners at a fruit stall, at the corner of Carnaby-street—as I approached them, Barry said something to Allen, and he ran away immediately—as he was going he threw something away, which appeared like silver, but I could not say it was silver—it fell down a grating in the street—he was stopped by a gentleman soon afterwards, and was handed to me—I took him to the station—I found on him 7s. 6d. in good money, and one counterfeit shilling—he said, "You won't find any more; that is all I have"—I received this counterfeit shilling from the last witness—when I went in pursuit of Barry, I gave Allen in charge of another officer—she was searched by a female, who gave me 1s. 4 1/2 d.—the prisoners denied all knowledge of each other, and said they had met one another in the street that morning—Allen gave her address at 20, Brunswick-street, New-road—I went there, and no such person was known.
Cross-examined. Q. How far was the last fruit stall from the stall of the first witness? A. About 300 yards; the prisoners were standing before, apparently dealing—when Barry saw me coming he ran away, when I was twenty yards from them he turned round, saw me, and spoke to Allen, and then ran away—he threw away something that looked like silver—I was then about ten yards from him—there was a convenient sink which it fell into—it was a sink where the water runs down—I heard what he threw jink—I stated that in my examination—Barry gave his address, which was correct—when he ran, he ran 300 or 400 yards—I was in sight of him all the time.
MR. CLERK. Q. You found where Barry lived, and did you find that Allen lived there too? A. Yes, with him, the last three months.
BARRY— GUILTY .* Aged 24.— Confined Twelve Months.
ALLEN— GUILTY . Aged 22.— Confined Six Months.
MESSRS. BODKIN and ELLIS, JUN., conducted the Prosecution.
MARIA HARRIS . My husband keeps a beer-shop in the Strand. On 1st Oct. the prisoners came there, at a quarter before 11 o'clock at night—Wilson asked for two glasses of ale, and bread, and cheese, and celery—I gave it them, and they both partook of it—Wilson gave me half a crown—I
gave him one shilling, a sixpence, and 3d.—I placed the half-crown in the till—there was no other half crown there—after that a gentleman came in for a glass of ale, and he gave me a sovereign for change—I told him I had not change, but I would get it—I asked the prisoners if they could oblige me with change for a half sovereign—Wilson said he could, and then he said he had not sufficient silver—Lovett offered to lend him two shillings, and then he said, "Never mind; it will be losing time"—I went out to get change, and left my husband in the bar—I received no half crowns in change for the sovereign—my husband took out the half crown which I had put into the till before, and it was bad.
WILLIAM HARRIS . I remember my wife going to get change—when she was gone I said I was very short of silver—Wilson said, "You speak of a scarcity of silver; I can let you have 50l. worth to-morrow morning, and I can assist you now"—he then gave change for a half sovereign, in one half crown and the rest small change—I placed the half crown in the till, where there was another half crown—soon after Lovett offered me half a crown to pay 4 1/2 d.—I told him the half crown was bad, and Wilson inquired where he got it from—Lovett said he took it of a girl—Wilson then proposed to pay me, and he gave me another half crown, and I found that was bad—I then thought it necessary to go and shut the door—Wilson tried to make his escape—his fingers were in the door, and I told him if he did not take them away I would pinch them off—my waiter came up, and dragged him away from the door—a policeman was called, who took both the prisoners—I went to the till—I found three half crowns there—one, which the waiter had brought me in change, was good; the other two that I had taken of the prisoners were bad—I gave them to the policeman, and the last two that the prisoners had offered me.
Cross-examined by MR. METCALFE. Q. Did you not find three bad half crowns in the till? A. No, only two; I was not present when my wife put this half crown in the till—I was present when she sent out for change—there was a gentleman there having a glass of ale, and he gave a sovereign; there was no one else there—I have no barman nor barmaid, only my wife, and myself, and a waiter—the change that the waiter brought was put in the till—my wife had returned before the last half crowns were tendered—Lovett was in my debt 4 1/2 d.—I could not be certain whether a fourpenny piece and a halfpenny was tendered for that—there were two half crowns tendered for it, and I think Wilson offered. me a fourpenny piece and a halfpenny; but I would not like to say for certain, for I went and closed the door.
MR. BODKIN. Q. You were there when the waiter came back with change? A. Yes; I did not see what he put in the till—from the time that my wife went out till I went to the till to take out the three half crowns no one had been to the till.
Cross-examined. Q. Were the two last half crowns you took from the prisoner put into the till? A. No; I do not think that I put them down at all; if I did I laid them on the counter.
CHARLES POWELL (policeman, F 58). On 1st Oct. I was called, and took the two prisoners in custody—I received two counterfeit half crowns from the landlord, and then he looked in the till and took out two more, and gave me—these are them.
Cross-examined. Q. Did you search the prisoners? A. Yes; I found some good money on each of them.
WILSON— GUILTY .* Aged 27.— Confined Two Years.
LOVETT— GUILTY . Aged 26.— Confined Twelve Months.
MESSRS. CLERK and ELLIS, JUN., conducted the Prosecution.
ALFRED KATSCH . I am shopman to Mr. Silberberg, a tobacconist, in Fleet-street. On Wednesday, 13th Oct., the prisoner came, about 6 o'clock in the evening, for half an ounce of tobacco; it came to three halfpence—he offered me a half crown—I gave him change, and he left the shop directly—I left the half crown on the counter; Mr. Silberberg looked at it directly—it was the same I had of the prisoner—he tried it, and cracked it, and put it on the glasscase—on Thursday, the 14th, the prisoner came again, about the same time in the evening—he asked for half an ounce of tobacco, and gave me a bad shilling—I saw it was bad directly, and told him so—he could not understand me—I rang the bell, and Mr. Silberberg came down—the prisoner ran out; he did not take his tobacco—I ran after him, and brought him back with a constable—when he came on the Thursday, I recognized him again—I am sure he is the same person who came on the Wednesday.
Prisoner. Q. Had I got the same dress on on Thursday that I had on the Wednesday? A. I believe so; I knew your face—I did not know your dress—you had a jacket and cap on.
LOUIS SILBERBERG . I live at 194, Fleet-street. I received a half crown from my shopman on Wednesday, 13th Oct.; I found it was bad—I cracked it, and put it on a glass—I told my shopman to be careful, as the person who passed it would be sure to come again—the next day I received a shilling from my shopman—I sent him for a constable, and he came and brought the prisoner back—I put the shilling on the counter—the prisoner seized it, and tried to swallow it.
AARON HUGHES (City-policeman, 346). I was called to the shop on the 14th; the prisoner was charged with uttering counterfeit money—I came up with him about six yards from the shop door—I received this half crown from the last witness; he gave me this shilling—I put it back on the counter, for him to mark it—the prisoner snatched it up, and put it in his mouth—I seized him by the throat, and after two or three minutes he put it out—he said he believed he had uttered the shilling, but not the half crown—I found on him three duplicates—he told me he only came into London the night before.
Prisoner's Defence. I am innocent of the half crown; I gave the shilling, not knowing it was bad—I will take my oath I was never in the shop before.
GUILTY . Aged 24.— Confined Six Months.
OLD COURT.—Wednesday, October 21th, 1852.
PRESENT—The LORD MAYOR; LORD CHIEF BARON POLLOCK; Sir JOHN KEY, Bart., Ald.; Mr. Ald. CUBITT; and RUSSELL GURNEY, Esq.
Before Lord Chief Baron Pollock, and the Third Jury.
GUILTY . Aged 33.— Transported for Fifteen Years.
MESSRS. BODKIN and SLEIGH conducted the Prosecution.
JOSEPH RAWBONE . I am a shoemaker, residing with my brother in Old Brentford—the deceased Richard Stannett was an apprentice to my brother. On Tuesday morning, 12 Oct., about half past 10 o'clock, the prisoner, the deceased, and I, were in the shop—there was some joking going on between the prisoner and deceased—the deceased began joking the prisoner, and in a playful manner he got up and went towards him as he sat on his seat—he got up and they caught hold of each other by the arms, and straggled and twisted about—the prisoner got into a terrible rage, and told Stannett that unless he sat down he would stick his knife in him—I saw the prisoner take the knife off his seat, and I caught hold of his hand, and told him I would not let his hand loose until such time as he promised to put the knife down—he would not put it down at first, but after a short time he agreed to put it down—he said be would put it down—I believe he did put it down, but I could not swear that he did—I saw him make a thrust at the deceased with the knife—Stannett had before that given him a slight tap on the face as he was loosing his hold—it was immediately afterwards that he stabbed the deceased—he stabbed him at the bottom of the stomach—the deceased staggered back and cried out that the prisoner had done it at last—I accompanied him to Mr. Baker'e, a chemist, and then I went off for a surgeon—this was a knife that the prisoner was in the habit of working with—it was a regular shoemaker's knife—this is it (produced).
COURT. Q. How long did he live? A. I believe he died the next day—I do not know exactly.
Cross-examined by MR. BALLABTINE. Q. Had you been tormenting this young man the whole day? A. No; we had been in the habit of joking together—the deceased and I had not been worrying him all day long, we had been larking with one another, as was our regular practice—I never was in a shop yet where larking was not carried on—I did not put wax up his seat—the deceased did—that is no great matter—he did so that morning—I began to play with him that morning, not intending any harm—we made a practice of tapping each other on the face or on the back—he did not get all the taps—I never struck him with the intention of doing him any harm—I will not say but what I have hit him, but it was merely in play—I did hit him that day, but not to hurt him—the deceased had not struck him that I know of—I could not swear it—there were only us three working in the shop.
Q. Of course, when you stuck the wax on his seat and he stuck to it, you thought it very amusing and laughed at it? A. Why, I have the same cause to complain of it, the seat of my trowsers is entirely covered with wax—it was merely larking—I took no notice of it—I believe the deceased was about 17 years old—I believe the prisoner has complained to my brother once or twice of the conduct of the deceased and myself towards him—at the time this matter occurred the prisoner was not employed in cutting—he was sewing a shoe—the knife was on his seat beside him—it is impossible for me to say what the deceased was going to do to him—it appeared as though he was going to play with him in his usual way—he was a very larking young man—he was always larking, and he was laughing all the time—he was not much put out—the prisoner would sometimes kick at his larks, but he was as fond of joking as any one else—the deceased went up to him in a playful manner—I
do not know whether he went up to him as if to strike him—I had not hold of the prisoner at that time—I took hold of him when I saw the knife in his hand—I did not hit him over the head—I will swear that—the deceased tried to hit him several times while they held each other, but he could not hit him; in his playful manner, he was laughing at him, and calling him his pretty pet, and so on—I never thought for a moment that he intended to do him any harm, we did not think he would put his threats into execution—the deceased had an apron on—my brother had told us not to carry on this larking while we were in work hours—after the prisoner had taken the knife I caught hold of his hand, and the deceased had hold of him also.
CHARLES BLAKE (policeman). In consequence of information, I west to Mr. Baker's, a chemist, at Brentford, and there found the deceased—he was wounded in the belly—I went to the place where the prisoner was, and took him into custody—I told him I took him on a very serious charge, for stabbing Richard Stannett—he said, "Have I hurt him much, I did not think I had hurt him?"—I told him he had stabbed him in the belly, and it was a very serious job—he said he was sorry for it, that he aggravated him, and that drove him to do it—I asked where the knife was, he said it was on his seat, and it was an old knife—he said they had aggravated him, and he had picked up the knife, but he did not think of hurting him, only to frighten him—I found the knife where he said, and have produced it.
FRANCIS BUCKLAND . I am house surgeon at St. George's Hospital. The deceased was brought there on 12th Oct.—I examined him, and found a wound in the lower part of the abdomen—that wound was the cause of death—he died next day at 8 o'clock.
Cross-examined. Q. What was the situation of the wound? A. It was in the left groin, pointing downwards and inwards—that might have been the result either of a blow or an accident.
MR. BODKIN. Q. I suppose that would depend among other things a good deal on the position in which the deceased was? A. Very much so.
COURT. Q. What was the internal injury? A. The small intestine was nearly cut in two, and the bladder was punctured at the top, and there was also very acute inflammation of the whole of the intestines.
(The prisoner received an excellent character.)
GUILTY of Manslaughter. Recommended to mercy by the Jury, in cousequence of his previous good character, and the great aggravation he received. —Aged 22.— Confined Nine Months.
NEW COURT.—Wednesday, Oct. 27th, 1852.
PRESENT—Sir CHAPMAN MARSHALL, Knt., Ald.; Mr. Ald. CUBITT; and Mr. RECORDER.
Before Mr. Recorder and the Fifth Jury.
ANN DONALD . I am the wife of David Donald, I keep a chandler's shop in New Compton-street. I know the Rev. Mr. Welch, he is one of the curates of St. Giles's-in-the-Fields; I am in the habit of delivering goods to some poor people on his orders. On 4th Oct. a little boy brought what appeared to be one of Mr. Welch's tickets—this is it; it says, "Mrs. Donald
will please to give bearer two ounces of tea, half a pound of sugar, and two pounds of bread. William Welch: Oct 4th, 1852"—This is the usual form of Mr. Welch's tickets—I let the boy have two ounces of tea, half a pound of sugar, and two pounds of bread—when the boy went out of the shop I watched him, and saw him give the goods to the prisoner, who was about three doors from my shop—the prisoner went away with the goods, and the boy went with him.
Prisoner. Q. Did I receive any goods from you? A. No; the boy did.
COURT. Q. Was there any other ticket brought to you? A. Yes; on the day afterwards, when I gave the prisoner in charge—that was brought by a man named James Blanch, who was before the Magistrate.
Prisoner. Blanch wrote both the tickets.
(James Blanch being called, did not appear.)
REV. WILLIAM WELCH . I was acting as curate of St. Giles's-in-the Fields. I have been in the habit of giving tickets for the delivery of goods to the poor—this order is something like my writing, but it is not—I had seen the prisoner the day before; he came to me for relief; I refused him, not knowing him—I said I should have the case investigated, and if it required relief he should have it—I generally insert the name of the bearer in the ticket, which is just the difference between this ticket and mine—I do not know anything of Blanch.
WILLIAM SMITH (police-sergeant, E 16). I took the prisoner into custody on 5th Oct.—he was pointed out to me by Mrs. Donald—as I took him he said it was not him that wrote it, but Blanch—I charged him with uttering forged orders.
Prisoner's Defence. It is my first charge since I have been in London, that is nineteen years; I hare two children without a mother; I wish to call Francis Jones, who lives in Dudley-street I do not suppose he is here; he is the man who saw Blanch write this note; I did not utter it; I did not go with it, how could I utter it? if that man were here be could say that he saw Blanch write more.
GUILTY of Uttering. Aged 44.— Confined Twelve Months.
MR. GIFFORD conducted the Prosecution.
SAMUEL STERN . I am a dealer in jewellery, and live in Jewry-street. On Saturday, 9th Oct., I was standing near the Trinity-house, in Trinity-square, Tower-hill, a little after 8 o'clock—the prisoner came and accosted me; she asked me to take a walk with her—I said, "No, thank you, I am waiting for a friend"—she came close to me, put her hand round me, and she again said, "Do come with me"—I objected to it—I said, "No, thank you, I am waiting for a friend"—she then walked away, but by taking her hand away she lifted the flap of my coat, and that gave me suspicion—I put my hand to my pocket and missed my purse—I had two coats on—I am not positive whether the prisoner had her hand between my two coats or under them—my purse contained two 10l.-notes, three 5l.-notes, about 15l. in gold, and 10s. or more in silver—I had my purse in my side pocket, on my left hand—while I was feeling my pocket a man rushed from the middle of the square, and got on the pavement—he got fast hold of roe by the collar of my coat—I had missed my purse before he came up—I struggled, tore myself away from him, and followed the prisoner—I overtook her about fifty yards from where I had the struggle with the man—as I was taking hold of
her I observed the money lying on the ground, and I heard the noise of the money running down—I could only see the gold, not the notes; they were in the purse—I asked her where my purse was, and she pointed to it on the ground—I stood between the notes and the gold—she pointed behind me, and said, "There is your purse"—I picked up the purse—the gold and silver was all out of it—the notes were in it—I called "Police!" before I picked the purse up—a policeman came, and I gave the prisoner into custody.
Cross-examined by MR. O'BRIEN. Q. Was where you were standing a thoroughfare? A. Yes; I had been standing there about five minutes—I had not been talking to the prisoner above two minutes—when she came up and accosted me, she came close upon my standing—I had a coat on similar to the one I have on now—I had two coats on, neither of them were buttoned—my purse was in my inner coat pocket—I called "Police!" before I saw the purse—I stood very quiet till I got hold of her—when she first left me, she was walking very slowly; but when I began to pursue her, she ran very fast—I did not call "Police!" till I had hold of her—a great many people came up besides the policeman—I had no memorandums in the purse; the silver was separate from the gold, and also from the notes—the purse could not so easily get loose, and fall from my pocket; it might do so—if it fell the silver and gold would get loose from the notes—I took the purse from the ground; this is it—I saw the gold on the pavement as I came up, and got hold of the prisoner—the gold was just where she was standing—I heard the money falling down before I got bold of her, but I did not see it—she had gone a very short distance after I heard the money fall—I had felt my purse safe before I came to the square, about half an hour before—I had seen it about an hour before, at home—I had not been drinking at all.
MR. GIFORD. Q. Where did you come from to the square? A. The Minories; in going to the square I did not go past the place where I afterwards found this gold—I went quite in a different direction.
COURT. Q. Where had you been before? A. In a cigar shop in the Minories, talking; I felt the purse safe after I left the cigar shop—I walked very slowly from the Minories to the square—I was speaking to a friend.
GEORGE CROUCH (City-policeman, 534). On that night I heard a cry of "Police"—I went to the place and saw the prosecutor, who had hold of the prisoner—he stated to me that she had robbed him—he asked the prisoner where the purse was—she said, "There it is"—he turned round, and it laid on the pavement—the prosecutor picked it up, opened it, and said, "My notes are all right"—this is the purse—the gold and silver was strewed on the pavement, close to where the purse was—the prosecutor picked up the gold and silver.
Cross-examined. Q. How far were you from this place? A. About twenty yards; I was not within sight of them—they were just out of the square, and I was in the square—the purse was about a yard, or a yard and a half from the prosecutor—it was within a yard or two of the gold and silver.
GUILTY .* Aged 34.— Transported for Seven Years.
JOHN KING . I keep the Queen's Head, at Chelsea. On Sunday night, 10th Oct., I went to bed about half past 12 o'clock; I was last up in the house—the house was all fastened up—the back kitchen window was shut, but I found in the morning that it was not buttoned—the shutters were
fastened—any person getting in the house that way would have to open the window—I was called about half past 5 the next morning—I was the first that was down—I found the things in the bar very much disordered—the first thing that attracted my attention was the cigar box on the counter—I missed some cigars—I found my little drawers on the floor—I missed a bag of coins of various kinds, silver and copper—I had been in the habit of putting them away for years—I missed my little boy's boots, which he had taken off and left in the bar—I missed a silk handkerchief and a pocket handkerchief from the bar—I examined the back kitchen shutters; they were broken in pices—a person by breaking the shutters could open the window and get in—the window opened outside—if a person got in the house by that window, he would have access to the bar, and to any other part of the house—no part of the house was disturbed beside the bar—I have seen the boots since, a part of them has been cut away—there is a wall in the rear of my house about seven or eight feet high, and the next morning I found this shoe on the outside of that wall.
GEORGE MEAD (policeman, V 156). I apprehended all the prisoners—I took Jones and Irvin, at Mort lake, on the 14th instant—Irvin was holding a boat, and Jones was standing in conversation with a man, whom I afterwards identified to be Hannon—I asked Jones where his companion was—he said, "There he is, holding that boat"—I went towards Irwin, and he ran away; but I took him—I found these boots on Jones; I asked him where he got them—he said he bought them in Westminster of a boy for sixpence—I found these straps in his pocket—I asked him to account for them—he said he thought he picked them up—I received this one shoe from Mr. King—I tried it on Jones, and it fitted him well.
Hannon. He never took me at all. Witness. Yes; I took the other two prisoners at Norbiton-common, about two miles from Kingston, in Surrey, on the Following morning—Hannon was at work with Bennett, or rather he was sitting down—I had another officer with me—I told Hannon and Bennett what they were charged with—they denied all knowledge of the other two prisoners at first—I searched Bennett and found on him these three copper coins—one of them is a half anna, an East India coin; this other is a medal, and the third is a small Danish coin—I asked Bennett where he got them—he pointed to Hannon, and said, "Jem gave them to me"—Hannon replied, "You had better say I keep you altogether"—on the Saturday before that, I had gone to Mr. Collingbourn's, a pawnbroker, at Wandsworth, where I got two silver coins, which I have here—when I went to take Hannon and Bennett, I took these two coins with me—I showed them to Hannon, and he said, "I received the large one from Little Dick, meaning Irvin, and the other I received from Cottage, which is a nickname for Jones, and I know them to be the pieces I gave to Amos Fuller to sell in Wandsworth"—he said, "I knew you again; I knew you was after me, for I saw you take Cottage and Dick at Mort lake"—one of these coins is a half crown of George the Second, and the other a Spanish quarter dollar.
Hannon. He did not take me at all. Witness. They were both together—I cannot say which of us took him first—I had another officer with me.
EDWARD MAISHMAN (policeman, V 111). I know this shoe belonged to Jones—he was brought into the station on the Saturday previous to the bur-glary—I saw this button, and this patch on it—it hurt his heel, and it is cut down in this part—I am a shoemaker, and I took particular notice of it.
Jones. It is not my shoe. Witness. I have not a shadow of a doubt of it
—I said who it belonged to before the prisoners were apprehended—I told the inspector, and he sent the officer after the prisoners.
JOSEPH HANSON (policeman, V 133). I went with Mead to take Hannon and Bennett—they were eating their dinner out of a handkerchief—I took up the handkerchief, and found one corner tied with a knot—I undid it, and found in it this small coin—it is a silver penny, of the reign of James the Second—this was on last Monday week, the 18th—I asked both Hannon and Bennett who the handkerchief belonged to, and Bennett said, "It is mine"—this is the handkerchief—I asked how the piece of coin came there—Bennett said, "It was given to me by Jem," pointing to Hannon—Hannon said, "I did not give it to him."
JAMESH STAPLETON COLLINGBOURNE . I am a pawnbroker, of Wandsworth. I purchased these two silver coins from Amos Fuller, on 11th Oct.—for this half crown I gave 20d., and I think 4d. for this quarter dollar—20d. is the value of this half crown—I doubt whether it is heavier than a modern half crown—I gave these coins to Mead.
AMOS FULLER . I live at Wandsworth; I work at brick-making and ground work. I had worked with Hannon and Bennett—on a Monday morning Hannon gave me four pieces of coin—he asked me to see what they were, whether silver or gold—two of them were silver—these are them—I took them to a watchmaker—I took them back to Hannon, and told him the watchmaker would not buy old silver—he said, "Is there nobody else that does?"—I said I thought Mr. Collingbourne did—he said, "Go and see what you can get for them"—I took the large one first, and he gave me 1s. 8d. for it—I then took the small one—these are the two pieces—I had seen Hannon and Bennett together two hours and a half before I had these pieces from them—I saw the four prisoners together in the Plough public house, at Battersea-rise—the other two came in, after I and Hannon and Bennett had been in there—they had some beer all four together, and I had some with them.
PHCEBE GALE . I live at Norbiton. Hannon and Bennett lodged with me five or six months—they left home on Sunday fortnight, about 4 o'clock in the afternoon—they did not come home that night at all—Hannon came borne on the Monday night—I did not see Bennett till the Tuesday morning, when all the four prisoners came in to breakfast—I do not know where Irvin and Jones live—I never saw them till that morning, when they all came in and breakfasted together—I said to Hannon, on the Monday night, that he ought to have stayed at home and done his work, and he said he had got plenty of money—I saw he was in a different handkerchief to what he used to wear—I asked him where he got it, and he said his woman had given it to him.
JOHN KING re-examined. I believe these coins to be mine—this one I can swear to particularly—these copper coins are like what I had—this handkerchief is not mine—these cut down boots belong to my little boy, the tops of them have been cut off—these straps are the same kind as my child had, but I could not swear to them.
Jones's Defence. These boots I bought of a boy, in Westminster, for 6d.; I found the coins in a paper; Hannon and Bennett said, "What have you got there?" I said, "Some coins we have just found;" Hannon said, "You may as well give them to us," and we did; I did not know whether they were silver or metal; they said they were going to Kingston to work; we said we would go with them, and we went; this shoe does not belong to me; I had a pair like these, but not that one.
Hannon. I started from Kingston at 4 o'clock in the afternoon, to go to work; I met Bennett, and we went together; I stopped at my brother's all night, and went home the next morning; we saw these boys, and they showed us these coins; I said, "You may as well give them to me," and they did, and they came with us; I gave them to Amos Fuller, and he went and sold them; I gave these boys some of the money.
JOSEPH HANSON re-examined. I produce a certificate of Hannon's former conviction, at Clerken well—(read—Convicted Oct., 1848, of stealing 1 adze, 1 chisel, and other tools; Confined six months)—he is the man—I had him in custody myself.
JONES— GUILTY . Aged 16.— Confined Six Months.
HANNON— GUILTY . Aged 22.— Confined Twelve Months.
BENNETT— GUILTY of Receiving. Aged 19.— Confined Six Months.
IRVIN— NOT GUILTY .
THIRD COURT.—Wednesday, Oct. 26th, 1852.
PRESENT—Mr. Ald. SALOMONS; Mr. Ald. WIRE; and MR. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Seventh Jury.
1023. JEREMIAH SULLIVAN , unlawfully obtaining by false pretences 7 and a half bushels of nuts, value 5l. 11s.; the goods of John Langley Plumbridge, with intent to cheat him thereof: to which he pleaded
GUILTY . Aged 25.—He received a good character.— Confined Four Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
ELLEN AGGLETON . I am the wife or Thomas James Aggleton, who manages the Coach and six, at Westminster. On 21st Sept, between 9 and 10 o'clock in the morning, the prisoner came and asked for half a quartern of gin—he threw down half a crown—I took it up, bent it in the detector, and said, "This won't do for me"—he took it up, and threw down two pence—he waited a few minutes, and then left without taking the gin—he was not. tipsy, he was aware what he was doing—about half an hour after he came again, called for half a pint of beer, and threw down a penny—after that he was leaning on the bar, and had the half crown which he had offered me in his hand, and some shillings—he dropped a quantity of base shillings on the floor from his hand, and the half crown on the counter—I had mentioned about the half crown to a policeman—he was waiting outside, and I gave the prisoner into his custody—I saw the policeman pick up the half crown from, the counter, and the money from the floor.
Prisoner. Q. Did I put the half crown on the counter, or drop it? A. you dropped it; you were not intoxicated; I never saw you before that morning; you went away for half an hour or an hour, and then returned again.
WILLIAM YOUNG (policeman, B 180). On the 21st Sept. I was called to the Coach and six—the prisoner was at the bar—I picked this bad half crown (produced) off the counter, and these 5s, (produced) off the floor—I took hold of the prisoner, and found these three other shillings (produced) in his hand—I afterwards searched him, and found seven bad half crowns in his
left pocket, wrapped up in one piece of paper, and 2s. 3 3/4 d. good money in his right pocket.
Prisoner. Q. Where did you. search me? A. At the bar; you were drunk, and the Magistrate would not hear the case that day, because you were not in a tit state.
MARIA DOWNIE . My husband keeps a beer shop, at Westminster. On 21st Sept, about 11 o'clock, the prisoner came and asked for a pot of 6d. ale—he put down 1s. which I saw was bad, and told him so—he then gave me a another, and said, "Is that bad?"—I said it was, and he then gave me 6d. worth of halfpence—I bit the shillings, and returned them to him, and he took them away with him.
Prisoner. Q. Was I sober? A. No; no one was with you.
WILLIAM WEBSTER . I am inspector of coin to the Mint—this half crown uttered to Mrs. Aggleton is bad—the seven found in the prisoner's pocket are all bad—three of them are from the same mould as the one uttered, and the four others are from another mould—the 3s. taken from the prisoner's hand are bad, and all from one mould—the 5s. picked up are all bad, and four of them are from the same mould as the ones uttered.
(The prisoner's statement before the Magistrate was read, as follows: "I had 3l. 5s. in my pocket when I came into London, on Monday night; I fell among two or three men; one was going to find me employment; my money was changed, and the bad put in its place, and I knew nothing about it, and the next morning I found myself lying in the yard; I went into this woman's house that speaks about the half crown to see if I could find the men, and was pulling the money out to show her how I had been served, and I pulled out the half crown the woman had refused, and put it on the counter; the other money I had got out in my hand when the policeman came in; I do not deny having the money, but did not know it was bad till the woman told me so.")
GUILTY . Aged 37.— Confined Twelve Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
JOHN BROWN . I keep the Wrestlers Inn, High gate. On 5th Oct., about 5 o'clock in the afternoon, the prisoner came and asked for 1 1/2 d. worth of shrub—he offered a 6d. in payment—I told him it was bad, and he gave me a good one—I pointed him out to a constable.
Prisoner. Q. Which pocket did I take the bad one from? A. I do not know; the good one you took from your waistcoat pocket.
THOMAS GREEN (policeman, S 210). The prisoner was pointed out to me by the last witness—I took him into custody, searched him at the station, and in one pocket found a paper containing nineteen bad sixpences, and in the other pocket a paper containing ten bad sixpences, each sixpence was wrapped in separate folds of the paper (produced)—I also found 2s. in silver, and 1s. 3 1/2 d. in copper, good money.
WILLIAM WEBSTER . These sixpences are all counterfeit—there are seven of George III., 1818, from one mould, six of George III., 1819, from one mould, six of Victoria, 1844, from one mould, and ten of Victoria, 1845, from one mould.
Prisoner's Defence. I was coming from Highgate, across a narrow lane by myself, and there found the paper of money.
GUILTY . Aged 24.— Confined Twelve Months.
GUILTY .—He received a good character.— Confined Two Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
EMMA DAVENPORT . I serve in the shop of Mr. Raymond, who keeps a penny piehouse, in Fleet-street. On 5th Oct, the prisoner came and asked for a penny pie—he paid for it with a bad shilling—I told him it was bad, bent it with my teeth, took it into the parlour, gave it to my mistress, and she put it on the mantelpiece—the prisoner then gate me a good half crown—I took for the pie, and he then left—he came again the next day, asked for a penny pie, and gave me a bad shilling—I broke it with my teeth, told him it was bad, and that it was the second time he had offered me bad money—that shilling I gave immediately to my master—the prisoner left, and on Friday, 8th Oct., he came again, and asked for a twopenny pie—I went into the parlour, told Mr. Raymond, came back and served the prisoner—he put a half crown on the counter—I took it up, found it was bad, and broke it—Mr. Raymond came into the shop, and I gave the half crown to him—a policeman came, and the prisoner was given into custody.
JAMESH RAYMOND . I keep an eating shop, in Fleet-street. On 5th Oct. my wife took the shilling off the mantelpiece and gave it to me—on 6th Emma Davenport brought me a counterfeit shilling—the prisoner was in the shop at the time, and I told him it was the second time he had been there—he said he had not been there before—I turned round to see whether the shilling corresponded with the first one, and before I turned back again he disappeared—I put the two shillings away upstairs—on the Friday Davenport came into the parlour, I went into the shop, found the prisoner there, and received a bad half crown from Davenport—I told the prisoner it was the third time he had been there that week—he said I was mistaken, he had not been there before—I sent for a constable—I marked the two shillings and the half crown—I gave them to the sergeant at the station, and saw him give them to Batty.
GEROGE BATTY (City-policeman, 323). I took the prisoner in custody on 8th Oct.—I searched him at the station, and found 1s. 6 1/2 d. good money on him—Mr. Raymond was at the station, and produced two counterfeit shillings and a half crown—I saw him mark them, and they were given into my custody—these are them (produced).
Prisoner's Defence. I was not at the shop on the two first occasions; I was not aware the half crown was bad; I had received it for goods a day or two before.
GUILTY . Aged 39.— Confined Twelve Months.
GUILTY .* Aged 38.— Confined Three Months.
GUILTY . Aged 20.— Confined Two Months.
1030. EDMUND HASKER, GEORGE LANGLEY , and WILLIAM CHURCHILL , burglariously breaking and entering the dwelling house of John Hadrell, and stealing 9 pairs of trowsers and 1 jacket, value 4l. 7s. 6d.; the property of the Directors of the Poor of St. Pancras.—3rd COUNT charging them with receiving the same: to which
HASKER pleaded GUILTY . Aged 19.— Confined Twelve Months.
MR. ETCALFE conducted the Prosecution.
THOMAS PETHEN (policeman, S 188). On Friday night, 1st Oct., about ten minutes to 12 o'clock, I was on duty, and saw the prisoners Langley and Churchill close to the dead wall of the tailor's shop of St. Pancras Workhouse—they were coming in a direction from the tailor's shop—Churchill was carrying an accordion, and said to me, "Would you like to have a tune this morning?"—Langley was carrying a bundle—they turned into Cambridge-place, and I saw Hasker come up to them from the lower part of the dead wall, and he received the bundle from Langley—they all three went on, and I followed them till I got the assistance of Billinghurst—I then asked Hasker what the bundle contained—he told me a pair of trowsers he had purchased in Camden Town—I asked what part of Camden Town, and they all three immediately ran away, and left me with the bundle—I ran after them, and caught Hasker by the collar—I had a severe struggle with him—he took a large flint stone from his pocket, and struck me on the nose with it—I had a violent struggle with him, and secured him—when I got him to the station I found he was wearing two pairs of new trowsers over an old pair, and the bundle contained two more pairs of the same sort—Mr. Everett and Mr. Day have identified them.
JAMESH BILLINGHURST (policeman, S 386). About 12 o'clock on Friday night I was called to Pethen's assistance, and went with him after the prisoners—Churchill had an accordion—Hasker said he had bought the trowsers in Camden Town—the other prisoners were present, and heard what he said about them—while we were speaking to them they left the bundle, and all ran away—I followed Churchill, but he was too quick for me, and got away—Pethen was knocked down in the road, and I went to his assistance.
OWEN DAY . I am master tailor in St. Pancras Workhouse, and have charge of the tailor's workshop. These trowsers belong to the workhouse, and have "St. Pancras Workhouse" on the buttons, but I should know them without that—they are quite new, they were made the week before they were stolen—I saw them safe on 1st Oct., between 5 and 6 o'clock, when I locked up twelve pairs of trowsers in a cupboard in the shop, which is a part of the house—at 8 next morning I found a pane of glass taken out of the window through which a man could come through quite easily—that was not so the night before—the lock of the cupboard was also broken, and I missed nine pairs of trowsers—these produced are four of them—I also missed a boy's jacket and waistcoat unfinished, and an accordion from the same cupboard—they are all the property of the Directors of the Poor of St. Pancras—John Hadrell, the master, lives in the house, which is in St. Pancras parish—the three prisoners have been inmates of the house, and Hasker worked in this shop.
EDWARD EVERALL . I am storekeeper at the workhouse, the prisoners were all inmates of the house within nine days or a fortnight before the robbery—Hasker worked in the tailor's shop, and knew where these things were—they are the property of the Directors of the Poor of St. Pancras.
Langley. I have not been in the house these two months.
Churchill. I have not been in since March. Witness. They have all been
in the house, but I cannot speak positively as to the time when they were discharged; they have been in for years, and knew the premises.
Churchill's Defence. From 7 o'clock to 12 that evening, I was putting up skittles for the gentlemen at the Veterinary College.
LANGLEY— GUILTY on 3rd Count
CHURCHILL— GUILTY on 3rd Count. Aged 21. Confined Twelve Months.
1031. GEORGE LANGLEY was again indicted with JAMES SMITH , for burglariously breaking and entering the dwelling house of William Frederick Reeve, and stealing 2 jackets, and other articles, value 1l.; the goods of William Bruton Alleyne; 1 gown and 1 knife, value 32s., of Henry Daniel Morden Garnham; and 1 shawl, value 18s., of William Frederick Reeve: to which
LANGLEY pleaded GUILTY .* Aged 20.— Transported for Seven Years.
SMITH pleaded GUILTY . Aged 23.— Confined Twelve Months.
EDWARD STOWBART . I am assistant to Mr. Robert Turner, silk mercer, of Ludgate-hill. On 15th Oct., about 5 o'clock, the prisoners came to the shop, and Looney purchased goods to the amount of 13s., and paid for them—I served them—they left together, and in about three minutes I missed eighty-eight yards of black silk from the counter where I had served them—I had seen the silk within four minutes of the time when they left the shop—I went out and found the prisoners in the Broadway, which is about 200 yards from the shop—they were in the act of turning down a street that leads into Bridge-street—I went to them and requested they would return with me—they held out their hands and said that their change was perfectly correct—they asked me if I would allow them to go and take a glass of wine previous to returning—I objected, and requested them again to come with me, which they did—as they walked before me, to the beat of my belief they mixed in with two men, and then went on without them—when they got to the shop I left them in charge of a young man, and went for a policeman—I did not tell them why I wanted them to come back.
Cross-examined by MR. METCALEG. Q. Did not they both buy something? A. Yes; Rowbottom paid 5s. 11d., and the other 13s.—they bought some black Coburg cloth, some black lining, some crape, and a shawl—those things were found on them when they were taken to the station, but not the silk—I never saw the silk in their possession—there are four persons in our establishment who attend to customers—there had not been many customers, in that day—there were a pile of silks lying on the counter, perhaps twenty-five pieces—they were merely lying there, they had not been shown to customers—we have taken stock of the silks since this occurrence—it was rather more than five minutes from the time I missed the silk till the prisoners were brought back to the shop—I kept as near to them as I could on the way back, and kept my eye on them all the way—I gave them into custody not for stealing the silk, but on suspicion of stealing it.
Cross-examined by MR. SLEIGH. Q. You did not see them speak to any one after you requested them to go back to the shop? A. No; we have taken stock of the silks since this, but not previously since the end of last year—we have sold a great many yards of silk since then—I was in the shop all the time the prisoners were there, and also another gentleman named Blight—I had been in the shop for two or three hours previous to the prisoners
coming—just previous to the prisoners there was a person in the shop—he is a highly respectable person, a manufacturer whom we know—he came to sell goods—he was there all the time the prisoners were, and after I missed the silk.
HENRY BLIGHT . I am an assistant to Mr. Turner. I saw the prisoners at the shop on 15th Oct.—about five minutes before they came, I had folded the piece of silk, which was afterwards missed, and laid it by the side of the pile of others on the counter—I saw it there during the time the prisoners were being served—it was about a yard off them—there were no other customers in the shop—I was not the first to miss the silk, but when it was observed I missed it directly—that was two or three minutes after they had left.
Cross-examined by MR. METCALFE. Q. How far from the door was this piece of silk? A. Several yards—the silk did not make a very large roll—there were from thirty to forty pieces in the pile, I should say.
Cross-examined by MR. SLEIGH. Q. Was the silk folded round a beard? A. No; folded to form a square, it was not so very large.
ROBERT LILLEY (City-policeman, 344). The prisoners were given into my custody—I took them to the station, where they were searched by a female who is not here—I heard the searcher say, in Rowbottom's presence, that she had found a penny on her—they gave two addresses which I found to be false.
Cross-examined by MR. METCALFE. Q. But was there not a good deal found on them before the female searched them? A. Yes; 2l. 9s. 6d. on Looney, and 10s. 1d. on Rowbottom; also these things (produced) which they had purchased at the shop, and this bag (produced) Rowbottom dropped on going into the station house.
NOT GUILTY .
MR. PLATT conducted the Prosecution.
JOHN HANDS . I live at 4, Holborn-buildings, and am a painter. On Friday, 24th Sept., about half past 11 o'clock, I was coming home, and saw the prisoner in Holborn-buildings—he does not live there—he was standing close to my door, and I said to him, "You did not get me locked-up last night, as you tried to do"—he said, "No;" drew a stick from under his coat, and struck me over the head—I fell down, my head bled, and there was a wound—I got up, and pursued the prisoner—I had had no quarrel with him, and given him no provocation, except what I have said—I did not hit him at all—I knew him very well—I was taken to the Hospital, and remained there a week—I lost a good deal of blood, and was very ill some time.
COURT. Q. How came you to say, "You did not get me locked up last night?" A. The night before this happened I met the prisoner going up Holborn-hill; I was going to have a pie, and the prisoner wanted to give me in charge, and said I had got a knife about me, and was following him about to stab him; but the policeman did not take me—that was in consequence of a quarrel I had had previously with a relation of his—the prisoner was the worse for drink when this happened, and has been very sorry for it since.
Prisoner. Q. Did not you tell my aunt that you would fight any b—man in the family, and did not she say you were too fast? A. Not to my knowledge.
for some beer, and saw the prisoner under the lamp post—I went to him and said, "Mr. Holland, you bad better take my advice and go home, and have no further bother this evening;" and while I was saying so, Hands turned the corner—I touched Holland, and felt a stick; I asked him what he had got there—he hit my hand off him, and said what he had got there he intended to make use of—Hands then turned the corner, and said to the prisoner, "Mr. Holland, how do you do?"—he said, "Very well, thank you"—Hands said, "Well, you did not lock me up as you thought for last night"—Holland made use of a very improper word, and said, "Take that!" and took the stick from under his coat and struck at the back part of his head—Hands fell down, saying, "I am a done man;" and the prisoner ran towards Holborn with the stick, and came back again without it—I ran after him, and he was stopped by a constable.
GEORGE FREDERICK LANE . I am resident surgeon at the Royal Free Hospital. I examined Hands on 25th Sept., and found a deep scalp wound on the under part of the left side of his head, dividing all the soft parts—it was about three inches in length, and extended down to the bone—it was then bleeding—in my opinion a stick, if used with force, would cause such a wound—simple wounds of the scalp generally heal readily, but in this case acute pains in the head come on on the fourth day—he was in the Hospital seven days; he is better now—it was a bad wound.
COURT. Q. Did you see him when he came in? A. Yes; he was carried in by four or five men on their shoulders—I cannot charge my memory whether he was quite insensible, but I believe he was.
(The prisoner in his defence stated, that when he met Hands in the court, he, Hands, was about to take off his coat, and he, the prisoner, was frightened, as whenever the prosecutor got anybody down he injured them, and struck him in the breast with his fist; that he did not do it with any intention of injuring him, that he did not use a stick, and was not aware of it till he was taken into custody.)
GUILTY . Aged 19.— Confined Three Months.
OLD COURT.—Thursday, October 28th, 1852.
PRESENT—LORD CHIEF BARON POLLOCK; Mr. JUSTICE CRESSWELL; Mr. Ald. SIDNEY; Mr. Ald. CUBITT; and RUSSELL GURNET, Esq.
Before Mr. Justice Cresswell and the Fourth Jury.
1034. LEWIN YATES COLEMAN, JOSEPH GURNEY , and HENRY BIRCH were indicted for feloniously forging and uttering a bill of exchange for the payment of 187l. 18s. 9d.—Other COUNTS, calling it a warrant; and other COUNTS, charging them with forging the acceptance to the said bill.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
(MR. CLARKSON, previous to opening the case, stated his impression that the evidence was so slight with respect to the prisoner Birch, that he should not press the case against him. At the close of his address he proposed to take an acquittal at once as to Birch, and call Him as a witness. MR. PARRY objected to this course of proceeding, he having requested all the witnesses to be out of Court, and Birch having been present during the opening. He was not aware of any rule that would prevent his being examined, but under these circumstances he hoped the Court would give a direction to that effect. MR. JUSTICE CRESSWELL could not take upon himself to do that, nor, in his opinion, was there much ground for the objection, as MR. CLARKSON had, in fact, opened an acquittal of Birch.)
BIRCH— NOT GUILTY .
HENRY BIRCH . I have surrendered here to day—I live in Belgium—when in London I live in Ranelagh-street, Pimlico—I know both the prisoners—I have known Gurney about six years probably—I have not always known him by that name—I have known him by the name of Norton—I have known Coleman since the latter end of May last—on 24th July last Gurney had a counting house at St. Mary-at-hill—I was at his counting house that morning—I repeatedly called in, for he had written to me on a certain matter of business—while I was in conversation with him Coleman came in—Coleman asked me whether I could get a bill discounted—he said it was a bill from Nicaragua—he told me that Mr. Bottin had gone out to Nicaragua, and had left his signature on blank to be filled up—I told him that I had met a Mr. Tucker the day before, who had asked me whether I had any bills to discount coming through my hands, and I told Coleman I would name the bill to Mr. Tucker, which I did the same day—I afterwards called on Coleman on 26th July, at his own office—that was in Mark-lane—I am not able to say the number—I found him at home—he asked me whether I was going into Eastcheap—I said I was—he said, "Here is the bill; if you call in passing Gurney's, he will endorse the bill"—he produced this bill to me (looking at the bill, which was marked A)—it was in the same state it is now when he showed it to me then, except having the signature of Gurney and Co.—he had shown it to me before, on the 24th—it was then in blank—I cannot say it was this identical bill—it was similar to this, but without any writing whatever upon it—I had been a round on the morning of the 26th, and it was in my way to call on Mr. Coleman—I then called on Gurney—I saw him, and he endorsed the bill in his office, in my presence-after he had endorsed it I took it to Mr. Tucker's—Coleman had not told me previously to that how much money I was to raise on the bill—Mr. Tucker's ffices were closed when I went there—I did not see him afterwards respecting the bill—I never showed him this bill at all—I afterwards went to a Mr. Sturm's offices, on that same day, the 26th—that is No. 6, Bennett's-place—I showed him the bill—he did not discount it—I then took it to Mr. Isaacs' in Jeffrey-square, St. Mary-Axe—Mr. Isaacs' name had never been mentioned to Coleman by me at all before that—J knew of a connection subsisting between Mr. Isaacs and Coleman—I left the bill with Mr. Isaacs that same day, the 26th—on the following day I called on Gurney, and told him where I had left the bill—I requested him to give me a letter to state that a certain amount would be taken for the bill—he gave me this letter (marked B)—I took it to Mr. Isaacs—(read—"26th July, 1852. Dear Sir, We hereby authorize you to take 100l. for the bill we placed with you to negotiate for 187l. 18s. 9d., drawn to our order by Francis Bottin and Co., Nicaragua, upon and accepted by Coleman and Bottin, Mark-lane, London. Gurney and Co.")—I believe Mr. Coleman got to know where I had left the bill on 26th July—he asked me, "Have you given the bill to Mr. Isaacs?"—I did not answer him directly, but I said, "When you pass a bill from your hands, you do not know whose hands it gets into"—he said he knew it was in Mr. Isaacs' hands—I said that Mr. Isaacs had promised to give money for the bill—he said, "I want the bill, I will not take money from Mr. Isaacs, he is my greatest enemy"—I said Mr. Isaacs had promised to give money for the bill and it was in his hands, and I believed that he would do so—that was all that passed—I saw Mr. Isaacs again the following day—I never got the bill back from him.
Cross-examined by MR. PARRY. Q. Who introduced you to Coleman, or Coleman to you? A. Mr. Sturm—I believe he is a friend of Mr. Isaacs—he goes there, whether he is a friend or not—I know him very well—I have known Mr. Isaacs about seven years—I do not recollect whether I ever took a bill to him before, I know that bills have been—I never before had a forged bill in my possession that I took to Mr. Isaacs—I never, that I know of, had in my possession a forged bill upon Messrs. Armitage, of Huddersfield, nor had Mr. Isaacs, to my knowledge—I have had bills passing in my business from parties in Huddersfield—I never had a forged bill in my possession upon Messrs. Armitage, of Huddersfield—that I swear—nor had Mr. Isaacs, to my knowledge—no such bill was ever in my possession, or attempted to be negotiated by me, or Mr. Isaacs, to ray knowledge—I may have taken a bill to Mr. Isaacs at one time, but I cannot call it to my memory, upon Mr. Spalding here—I think he had a bill once—I have got bills discounted—I know a man of the name of Clarkson—I was never in partnership with him—I am not aware that he is a bill discounter—I have had some connection with him, unfortunately for me—I have heard that he is a notorious bill stealer—I did not go and apply to Coleman for a bill, he applied to roe—I was not instigated by Mr. Sturm or Mr. Isaacs to endeavour to get a bill from Coleman—the names of Coleman and Bottin were over the door in Mark-lane—it is about six years since I resided in England.
COURT. Q. Do you mean you have been in England six years? A. To and fro; I have business that calls me here—I have not resided here for six years: I have resided abroad.
MR. PARRY. Q. You come backwards and forwards? A. Yes; I have never had any trading transactions with Mr. Isaacs, never—I once carried on business in London under the name of Birch, Son, and Co.—I think that is about six years ago—that business was a failure—I left England, not in consequence of my heavy debts—I was in England after that—I was out of England about six weeks then—I was never in partnership with a man named Rondall—I went on the Continent with him—that was not at the time that he ran away from his bankruptcy; that was only within this twelve months, and this occurred in 1845—I was never a bankrupt—I went abroad with him at the latter end of 1845, or the commencement of 1846—I am not ware that he had been a bankrupt at that time—his bankruptcy was within this six months—I do not know a person of the name of Williams—I was never entrusted by a Mr. Williams to sell large quantity of flannel for him—I bought some flannel for Mr. Williams.
Q. I thought you told me just now, that you did not know a Mr. Williams? A. I understood you to mean a party in London; he is a Welshman—I beg your pardon, I forgot the transaction—I was not entrusted hy him to sell it; I bought it for him—it amounted to about 500l.—he received two-thirds of the money; I swear that he received it from me—he never charged me with absconding with the flannel that he had entrusted to me to sell, to the amount of 300l. or 500l., or with the proceeds—no such charge was ever made against me; nothing of the kind—I was once given in charge for another offence besides this; and Mr. Clarkson, I believe, had the management of it—that is about six years ago—I was not then indicted with Mr. Sturm, Mr. Isaacs' friend, for conspiring to defraud persons of goods to the amount of 500l.—that was not the charge—must I answer what the charge was?—it was made by a Mr. Degatur, for placing goods out of his possession; not for taking goods out of his possession—for placing goods that never came into his hands, for money that I wanted from him—he made a
charge against me—he stated that he was my employer, and that I had defrauded him to the amount of 400l. or 500l.—it was not me and Mr. Sturm together; no charge was made against Mr. Sturm, that I am aware of, in reference to that transaction; in fact, there was not—I had not clothes or goods of Mr. Degatur to the amount of 500l.—Mr. Degatur ordered goods from the country through me—those goods came into my possession—they were to the amount of about 400l.—Mr. Degatur never paid for them—I did not pay for them—I was not committed for trial upon that case; Mr. Degatur never came forward.
Cross-examined by MR. DEARSLEY. Q. How many years do you say you have known Gurney? A. I think four or five years, or it may be more than that—I knew him by the name of Norton—I have known him by the name of Gurney probably six months—I do not know that he was formerly a cheesemonger—I have heard him say so—I do not know that he failed—I was told by Mr. Isaacs to get this letter; he did not dictate the letter to me before I went to Gurney—he stated that I must get a letter to state that such an amount would be taken—I stated that to Gurney, and then Gurney gave me the letter.
MR. BALLANTINE Q. You have said that you saw over the office door, the names of Coleman and Bottin; did you ever see any person of the name of Bottin in your life? A. Never; I am an export merchant, at Antwerp, in the provision line—I export eggs and butter to this country—I have been doing so for the last six years—this letter (marked "C") on the fly-sheet, in written by me, and that on the other part by Gurney—I gave that for Gurney to take to Mr. Isaacs, but from a word that transpired from Gurney I went along with him, for I was very much engaged that day, and he wrote this in Mr. Isaacs' office.
ELIAS. ISAACS I have offices in Jeffrey-square, St. Mary Axe. I am a solicitor, and have been so for upwards of half a century. On 26th July last, Birch came to my office with this bill of exchange; it was then in the state it is now, with the exception of an initial of the Lord Mayor's clerk, who marked it at the Mansion-house—it was presented to me by Birch for discount—I gave him some directions as to writing, in consequence of which this letter ("D") was written—I received the bill from Birch, in consequence of my statement to him, enclosed in this letter—I observe on the bill the endorsement of "Gurney and Co."—from what passed between me and Birch on the subject of the discount of the bill, I entertained suspicions about it—in consequence of that I gave Birch some directions with reference to Gurney and Co. the endorsers of the bill—after giving him those directions, I received from him the letter signed, "Gurney and Co."; that has been put in—he brought me that letter on the same day that he called with the bill—he also brought me this letter (marked "E")—in consequence of those letters I received, signed "Gurney and Co.," I detained the bill for a while, and made excuses from time to time for not discounting it—I afterwards received from Birch this letter, dated the 28th (marked "F"), and also this of the 29th ("G"); this was left at my office in my absence, but I received it.
MR. CLARKSON to HENRY BIRCH. Look at those three letter ("E" "F" And "G"), did you receive those three letters from Gurney? A. I did not receive that letter ("G"), it is Gurney's handwriting.
MR. CLARKSON to MR. ISSACS. Q. You say you received a second letter from Birch, purporting to come from Gurney on that same day, the 26th? A. Yes.
Q. Had you expressed dissatisfaction as to the first letter? A. I did say to him, that I ought to receive some instructions (Letter marked "E," read:—"To Mr. H. Birch of Antwerp; July 26, 1852. Dear Sir,—The enclosed bill of 187l. 18s. 9d., is upon Messrs. Coleman and Bottin, drawn by Francis Bottin and Co., at ninety days' sight, which we authorize you to negotiate, and hand over the proceeds to as, according to the arrangement between us.—Gurney and Co.")—this is the same bill that was enclosed in that letter (Letter marked "F" read:—"28th July, 1852. Dear Sir,—If any use is made of the bill, I think an undertaking should be given, to bear me harmless when it becomes due; and as Coleman and Bottin hold a bill drawn by me, and accepted by themselves for 169l., I ought to endeavour to get that out of their hands before they know anything respecting the bill with Mr. Isaacs. I shall be at the Blue Anchor, 164, Fenchurch-street, this afternoon, to meet you, as proposed, at half past 3.—J. Gurney.")—I never saw anything of the bill for 169l.—(Letter marked "G" read:—"To E. Isaacs, Esq; 29th July, 1852. Sir,—We hereby give you notice that a bill dated Nicaragua, for 187l., drawn by Francis Bottin and Co., in our favour, and accepted by Messrs. Coleman and Bottin, of 59, Mark-lane, has been fraudulently obtained from us without any consideration, and you are hereby cautioned from making use of such bill in any shape whatever.—Joseph Gurney and Co.")—the day after the receipt of that letter, Birch called upon me.
MR. CLARKSON proposed to give, in evidence, what passed between the witness and Birch, Birch having been shown to be the agent of Coleman MR. JUSTICE CRESWELL was of opinion that Birch must first be shown to be the agent in this particular transaction.)
MR. CLARKSON to HENRY BIRCH. Q. Did you go to Mr. Isaacs on 80th July, or some day near then, to request back that bill? A. Yea; I was requested to go—Mr. Sturm had left a message at Eastcheap—I had not seen Coleman on the subject, or Gurney—I did not produce to Mr. Isaacs the letter signed "Gurney"—Gurney was with me the second time I went for the bill; that was on 30th July—we saw Mr. Isaacs then.
MR. CLARKSON to MR. ISAACS. Q. Had you more than one interview with Birch on 30th July? A. Yes; the first interview was with Birch alone—I had a second interview on that same day with Birch and Gurney together.
Q. Was it on that occasion that that letter, signed on one side by Gurney and on the other by Birch, was presented to you? A. It was signed by Gurney in my presence; this is the letter (marked "C")—they requested me to hand over the bill, and I said that Mr. Gurney should write a receipt for the same—he did so in my presence (letter "C" read:—"To E. Isaacs, Esq., 30th July, 1852. Sir,—You will please hand over to Mr. Joseph Gurney, of 'Joseph Gurney and Co., their bill of 187l. 18s. 9d., purporting to be drawn by Francis Bottin and Co., of Nicaragua, on, and accepted by, Coleman and Bottin, Mark-lane, London, which I handed over to you for the purpose of discount; and this is my authority for your so doing. Henry Birch." On the other side of this letter was written as follows:—"30th July, 1852. Received, of Mr. Isaacs, the bill in question, for 187l. 18s. 9d., left by Mr. Henry Birch for the purpose of discount. Joseph Gurney.")
Q. At the time you took that memorandum of Birch, and the receipt of Gurney, did you at all intend to deliver up the bill? A. Certainly not; they requested me to do so, and I said, "I shall not give up the bill, and I shall give both of you into custody"—an officer was in my office, and I gave
them both into custody—I afterwards learnt where Coleman was, and sent an officer after him—I had previously sent for Coleman to come to my office to receive his bill, but from the place where Birch stated he was waiting he was gone—I intended to give him in charge—I then sent the officer after him and he took him—I know Coleman's handwriting—he is a connection of mine by marriage—his brother married my daughter, unfortunately—I believe this acceptance to the bill of Coleman and Bottin, Mark-lane, to be Coleman's hand writing—the body of the bill I also believe to be in his writing—I cannot speak as to my belief of the signature of the supposed drawers, Francis Bottin and Co.; that is a disguised hand—I cannot form any opinion or belief upon that—I cannot say whether the endorsement is Coleman's writing.
Cross-examined by MR. PARRY. Q. You have seen Coleman write, I suppose? A. I have; I think I first saw Birch about twelve years ago—he has never brought bills to me before, nor anything of the kind—I have had business transactions with him professionally—I never had any trading transactions with him—I am not in trade—he has never brought any bills to me before—he never sold me any bills, nothing of the kind—I simply knew him professionally, about twelve years ago—for the last five or six years I had not seen him or heard of him, until the day he brought this bill—I never intended to discount this bill; upon his asking 100l. for it, I felt satisfied there was something wrong, and I took these steps for the purpose of detecting the wrongdoer—Coleman and I have not had any quarrel whatever.
Q. Did you say to Birch at the time you gave him into custody, or about that time, that you did not care about him and Gurney, all you wanted was to transport Coleman? A. I have no recollection of ever saying anything of the kind; to the best of my memory I never said so—I cannot say whether I could have said such a thing and forgotten it—I never remember any such conversation—my belief is, I did not say so—I am upon my oath—my impression strongly is, that I never made use of language to that effect.
Q. Have you not said repeatedly, since the charge was made, that Coleman would be transported, and that at last you should convict him? A. I have no feeling about it, except to do my duty—I never said that I would manage to convict him—I have no feeling whatever on the subject, beyond doing my fair duty and giving my evidence as the facts occurred—I could not have said that Coleman would be transported, and I should be glad of it—I never have said so.
Q. Has it ever happened to you to have any other forged bills in your possession, or bills alleged to be forged? A. Never, to my recollection; I swear I never had a forged bill in my possession before—when I say that, I mean, of course, as far as my knowledge went—if a bill was passed and paid, I knew nothing of it—I do not know the names of Messrs. Armitage, of Huddersfield—I never heard of their names before in any way—I have no ill feeling whatever towards Coleman.
Q. Have you not complained that he gave information about your possession of some brandy warrants? A. I certainly complained of the villanous misrepresentations; I have had some brandy warrants in my possession to the value, as far as my memory carries me, of about 150l., not 800l.—I sold some brandy warrants to Messrs. Hart and Co.—that must have been eight or nine months ago—I never heard that Mr. Sturm and myself were to be indicted for conspiracy for obtaining those brandy warrants—I heard the impudent insinuation indirectly—I did not offer to give a bill for 100l. to settle the matter. (MR. PARRY proposed to put the witness's deposition into his hand, and then to ask him whether he would venture to swear that he had never made the offer referred to. MR. JUSTICE CRESSWELL had known that course sometimes permitted; but, he believed, Lord Campbell had recently refused to allow it. MR. O'BREIN, as amicus curiae, stated, that the question had been reserved by Lord Campbell; and it was finally decided that it could not be done without giving the right of reply.) I say that I never did offer to give a bill for 100l. to settle it, nor any sum of money—I know Mr. Brough.
Q. Is he attorney for Messrs. Hooper, the wine merchants? A. He said he was not the attorney, but the personal friend—I was invited there by Mr. Hunter about the brandy warrants, and I went there in consequence of the invite—I went there twice—I swear most positively that during those interviews with Mr. Brough I never offered money or bills to settle the matter.
Q. At the time you went to Mr. Brough's office, had you heard "the impudent insinuation" that Messrs. Hooper and Son were going to indict you and Mr. Sturm for conspiring to get these brandy warrants? A. Certainly not; I swear that—the prisoner Coleman did not state, in Mr. Brough's office, that I and Sturm had conspired by fraud to get those warrants; I will swear that—Coleman made no charge at all against me; certainly not of fraud.
Q. In your interview with Mr. Brough, will you swear that you never heard at all of any indictment or proceedings against you for fraud of some kind or other, about these brandy warrants? A. Mr. Brough told me they insinuated it, and he repudiated it most strongly, knowing I could not be guilty of such a thing—that was his statement to me after they were gone—Mr. Brough has known me for forty years, and he made that declaration to me—I have been to Mr. Brough's twenty times—I will explain how I came to go there about these brandy warrants; Mr. Brough requested me to endeavour to get Sturm to remove an attachment that he had lodged against the goods of Hooper and Co.—it had nothing to do with the brandy warrants—I certainly never had any conversation with Mr. Brough about the warrants, or about settling it, or anything of the kind—he applied to me to speak to Sturm to remove the attachment that was lodged against Hooper and Co.'s goods, and stating to me how much he had lost by Coleman, or something to that effect, and I did, in consequence of Mr. Brough's solicitations, do all I could to render service to his friends—I had never sold brandy warrants before, and I should not have had anything to do with those; it was my son-in-law that induced me, unfortunately—no bills alleged to have been stolen have ever been traced into my possession; it is all invention.
Q. Then there is no truth whatever, I suppose, in the suggestion that Louis Napoleon's bills were found in your possession? A. How do you mean, found in my possession? my own property, that I gave the money for, and he paid it when due? it is not a fact that two bills alleged to have been stolen from Louis Napoleon were traced to my possession; I swear that most positively; it is all invention—some parties were tried here in reference to those two bills—I was here, and instructed by Louis Napoleon to assist his prosecution—I swear that I was instructed by Louis Napoleon—I was not acting as his attorney; Messrs. Lawford were his attorneys, and Messrs. Bush and Mullens prosecuted for him; but I aided Louis Napoleon, at his request, and was paid for it by his attorney—those two bills had not been negotiated by me—the bill I had of Louis Napoleon's was paid when due—I was a holder of one bill of his for 500l., which was regularly paid when due.
Q. You unfortunately had a charge made against you some years ago, I believe, but the parties never appeared against you? A. That is not true; I am not bound to answer whether I was ever charged with any offence, but
I will do so; between forty and fifty years ago I was indicted for perjury; the attempt was to extort money from me; I was tried for it, and, of course acquitted; and I prosecuted the parties, and punished them—no other charge has ever been made against me, without it was behind my back; I do not know what you are talking about.
Q. Has any other charge been made against you; you seem to answer "No" rather faintly; has any other charge been actually made against you, of fraud, or anything of the kind? A. No; I have no doubt about it; I mean distinctly to tell you that by "No" I mean no—my Lord, am I to be thus treated; it is really very painful—(MR. JUSTICE CAREWELL thought it would be introducing an inconvenient extension of cross-examination if a general question of this sort were put, without pointing it to something.)
Q. Besides being an attorney, I believe you are a bill-discounter as well; we understand that? A. No, indeed; you understand very wrong, if you have been told that—I have done such a thing occasionally.
Cross-examined by MR. DEARSLEY. Q. Did you ever see Gurney more than once? A. Never, except before the Magistrate.
ALFRED JAMES SHOTTER . I am in the employ of Messrs. Niessen and Parker, engravers, at 43, Mark-lane. I know the plate from which this bill of exchange was taken—I received orders for engraving that plate—to the best of my belief, the prisoner Gurney was one of the two who ordered the plate—it was on Thursday, 24th June, I think—they gave the firm of Coleman and Bottin as the parties from whom the order came—I had not to be printed from the plate—I cannot say whether they were delivered at the counter, or at the offices in Mark-lane, but they were delivered—I know the paper upon which this bill is printed—it has been in our possession—I selected the paper upon which the bills were to be printed, and this is a portion of it—the name of our firm is not on the bill—we generally put our name, unless ordered to the contrary—the gentlemen who gave this order directed that the name of the engraver in the imprint should be left out—our name was engraved upon the plate, and I ordered it to be erased in consequence of the orders I received from the parties—I know Coleman by his being introduced to our shop a day or two afterwards as Mr. Coleman, of the firm of Coleman and Bottin—he was introduced by another man, who I have not seen in custody—he called on the 28th to see a proof of the plate—I cannot say for certain whether I showed him one—here-quested six copies to be sent on immediately, and the rest were forwarded on the Monday evening—I cannot say whether the six first were sent, or delivered over the counter—I have seen Coleman in Mark-lane once or twice since 28th June—I went to the address given me to get paid the balance for the plate—I saw a clerk in the office—I do not recollect seeing either of the prisoners there—I was not paid anything on that occasion—we were paid 2l. on account a day or two afterwards by a man who is not in custody—when the order was first given I showed them different samples of paper, and the one they chose had the maker's name, Turner, in the water mark, and that they requested to be left out of the bill—when the paper was cut up into the shape of bills, that mark would appear in about one in ten.
Cross-examined by MR. PARRY. Q. Do you generally execute these bills without a water mark, if you can? A. It does not matter to us at all—we do unless ordered to the contrary—I believe we have been ordered to execute them without a mark—I have never taken an order of that kind before myself
—we are respectable engravers, and did as we were requested to do, without any doubt or hesitation—Mr. Niessen is here—I had only been there four months at that time—a person came in reference to these bills who was not brought up at the Mansion House.
COURT. Q. And that same person paid you the 2l.? A. Yes.
HILARY NICOLAS NIESSEN (examined by MR. PARRY). It is not at all unusual to have the engraver's name taken out from a bill—we are constantly in the habit of engraving bills of this description without our names—there is nothing at all unusual in taking out the water mark in engraving what appears to be foreign bills—we are in the habit of engraving bills in London which bear on them the names of places very remote, in all parts of the world—all the respectable engravers in London are in the habit of doing the same.
GEORGE JERWOOD . I am in the employment of Mr. Abraham Tozer, of 59, Mark-lane—I know the prisoner Coleman—on 16th or 17th June he took a counting house on our second floor—he continued to occupy it about seven weeks—I am the housekeeper there—the names of Coleman and Bottin were put, but Mr. Bottin I never saw.
Cross-examined by MR. PARRY. Q. You were not actually present at the taking of these rooms, and do not know who actually took them of your own knowledge, do you? A. Excuse me, but you have got Mr. Tozer's agreement, and that will tell you that Mr. Coleman is the gentleman that took them—I was not present at the taking of the rooms—Coleman has been out on bail—he has not been to the counting house above once during that time—he occupied it up to the time of his being arrested.
JAMES ALLAN . I am clerk and cashier of the Strand branch of the Royal British Bank. I know Coleman—he had an account with our bank—it was not closed in 1851—there was a balance of 6s. 8d. debtor on the account—on 30th June, 1852, he opened a new account in the name of Coleman and Bottin—on opening that account I asked him for his signature—I took it in the signature book—he signed the name of the firm, "Coleman and Bottin" I told him it was customary to get the signature of both partners—he said he was the only one that signed checks, and it was unnecessary to give the name of the other partner—the signature of "Coleman and Bottin" to this bill is Coleman's writing—I cannot say in whose writing the body of the bill is—I have no opinion or belief about it—Coleman opened the new account with 7l.
Cross-examined by MR. PARRY. Q. How long had he had an account with you when the balance of 6s. 8d. was left, was it twelve months or so? A. Only one month—I do not recollect how much was paid in, I have the ledger here, and can refer to it—I think it was about 105l.—that was not the whole amount paid in, there were several hundred pounds, I think 500l. or 600l. paid in in the ordinary way, and then taken out.
MR. CLARKSON. Q. What was the balance When the second account was closed? A. 2s. 4d.: there is that balance at present standing in our books to their credit.
HENRY FOSTER . I know the prisoner Gurney by the name of Norton; he lived in Victoria-street, Pentonville—I lived in the same house—he lived there in the name of Norton up to about eight weeks ago, which was about the time of his apprehension—Mrs. Snoxall was the landlady.
COURT. Q. How long had he been there? A. About four years, I believe—I knew him there two years.
Cross-examined by MR. DEARSLEY. Q. Do you know that he failed about two years ago, and afterwards changed his name from Norton to Gurney? A. No; I do not.
EDWARD TUCKER . I am bill broker of 4, Birchin-lane. On 24th July I saw a person of the name of Birch at our office; he produced a paper to me—I cannot swear positively whether he produced this identical bill, or a copy, I rather think it was a copy—it was of the same amount as this one (produced), and precisely in the same terms—I did not entertain it in consequence of the names not standing in the "Directory."
STEPHEN ISAACSON TUCKER . I am the son of Mr. Edward Tucker, I was in his counting house on 28th July, when Coleman came there and asked me whether I had a bill drawn by Francis Bottin and Co., on Coleman and Bottin—I told him I did not recollect having seen such a bill—I did not recollect it at the moment—he said Birch had told him we had had it upwards of a week—I believe he said it was for 180l. odd.
JOSEPH NETHERCLIFT . I am a lithographic artist and printer. I have been much accustomed to the examination of handwriting—I have seen the bill produced—I am able to form a judgment when a document is before me, whether it is in the same, or in different handwriting—I know nothing at all about the handwriting of the party by whom this bill was prepared.
MR. CLARKSON proposed to ask the witness the following question: "Look at that bill, and tell me to the best of your judgment, is the body of it, the name in which it is drawn, the name of the acceptor, and of the indorser, who is also the drawer, one and the same handwriting, or not?"
MR. PARRY (with whom was Messrs. METCALPE and DEARSLEY) objected, no such question had hitherto been allowed to be put to a witness, as it would, in fact, place him in the position of the Jury, and be a usurpation of their functions. See Doe v. Suckamore, Russells Evidence, vol. 2, page 819; and Hex v. Shephard, 1 Cock's Criminal Cases, p. 237.
MR. CLARKSON contended that this case differed from those quoted, inasmuch as it was not a case of comparison of writing, (the document before the witness being in evidence in the case,) but that it was a question of the competency and right of the counsel for the prosecution to put a particular question to the witness.
MR. BALLANTINE (on the same side) maintained that, the best evidence should be given on the subject; and that the best evidence in this case was scientific evidence; a scientific opinion could be applied to writing as well as to any other branch of evidence; there could be no restriction as to what was scientific evidence, and this case did not differ from one in which a butcher might be called to prove the manner in which an animal had been ad up; or a surgeon to prove that certain wounds were produced either by the same or by a different instrument; in which cases the Jury might have the same opportunity of examining the animal or the wounds, as the butcher or the surgeon, yet would be allowed to have the assistance of a scientific opinion, and further, that a case might arise in which it would become necessary to call Mr. Netherclift to prove that the same pen inscribed the whole of a document, which would yet be matter for the Jury to consider. The COURT was of opinion that the evidence could not be received; that the question involved neither more nor less than a comparison of handwriting.
ANTONIO MARTHAY . I am a native of Spain, and am acquainted with the State of Nicaragua, in South America. I have resided there at several periods, and have been familiar with the State during four or five years—I resided personally in the State last year for four months—the capital of the State is at present Leon. I last came from Nicaragua in the month of June, and
arrived in this country in the middle of Aug.—I had been there six weeks at that time—I am connected with a house in Liverpool, as a merchant—I never heard of such a firm as Francis Bottin, and Co.—I am connected considerably with the merchants of that place—if there had been such a firm there, I think it is very likely I should have heard of it.
COURT. Q. Is there any city called Nicaragua in the State? A. Yes, but the Government call it Rivers; I am not familiar with that place; I have been there.
Cross-examined by MR. PARRY. Q. What is the length of voyage between here and Nicaragua? A. By the West India steamers it is five or six weeks; you land at Great Town, and go up the river in boats or crafts—it takes from a week to a fortnight to go up; it depends on the state of the river and the weather—a sailing vessel to Great Town alone would take six or seven weeks six weeks I should consider a good time from an out-port in England.
THOMAS BALCHIN (City policeman, 618). I took Gurney into custody on 30th July—I took these four papers from his desk in his office, at 38, St. Mary at Hill—he had given me his address there—I found a key on him, with which I opened the door of the office—the desk was unlocked.
MR. ISAACS re-examined. These two papers are in the writing of Coleman—this third I believe to be in Gurney's writing, and the fourth in Coleman's.
Letters read: (H) "25th July, 1852. Dear Sir,—We are in receipt of a letter from Mr. Birch, of Antwerp, and will feel obliged if you will favour us with a call. Coleman and Bottin."—(I) "To Francis Bottin and Co., Nicaragua. Mr. Coleman is the son of the late Mr. Coleman, of the firm of Coleman and Chapman, of Liverpool."—(J) "July 29th, 1852. To E. Isaacs, Esq. Sir,—We hereby give you notice that a bill, dated Nicaragua, for 187l. 18s. 9d., drawn by Francis Bottin and Co., in our favour, and accepted by Messrs. Coleman and Bottin, of 59, Mark-lane, has been fraudulently obtained from us, without any consideration; and you are hereby cautioned from making use of such bill in any shape whatever. Joseph Gurney and Co."—(K) "26th July, 1852. Mr. Henry Birch. Dear Sir,—The inclosed bill for 187l. 18s. 9d. is on Messrs. Coleman, drawn by Francis Bottin and Co., at ninety days' sight, which we authorize you to negotiate, and hand over the proceeds to us, according to arrangement between us. Yours truly, Joseph Gurney and Co.")
COLEMAN— GUILTY .
GURNEY— GUILTY Aged 60.
Transported for fifteen years.
NOT GUILTY .
NEW COURT.—Thursday, October 28th, 1852.
PRESENT—Sir JOHN KEY, Bart., Ald.; Mr. Ald. HOOPER; Mr. Ald. SIDNEY; Mr. Ald. FINNIS; and Mr. RECORDER.
Before Mr. Recorder, and the Sixth Jury.
MR. ROBINSON conducted the Prosecution.
JULIUS WILLIAM MARTINS . I am clerk to Messrs. Wild and Robinson. I know the prisoner Martin—he was in the employ of Messrs. Wild and Robinson—he was errand boy there, and he likewise used to sell goods and put the sales in the book—we had a customer named Troup—Martin would have the opportunity of knowing that Mr. Troup was a customer, and of seeing his handwriting—we were in the habit of furnishing goods to Mr. Troup on orders similar to this (produced)—Martin left in June last—on 28th Sept. I saw the prisoner Graves, about 4 o'clock in the afternoon—I am not quite sure that that was the first time I had seen him that day—about 11 that day this order was presented to me—I believe by his general appearance it was Graves who brought it, but I cannot swear whether it was him or not—I gave the order to Mr. Wild, and he gave the bracelets to the person who brought the order—I am acquainted with Martin's handwriting—both these orders (looking at them) are in Martin's handwriting, to my best belief.
Cross-examined by MR. PULLEIN. Q. You were well acquainted with Martin's handwriting? A. Yes; I saw him write nearly every day—it depended on business whether he wrote much—he wrote in the day book and the approbation book—he had not to write letters—he wrote very small orders to merchants in town—there was other writing besides figures in the day book—there were articles that were sold, such as "six bracelets, so much," and so on—sometimes there were large orders—besides writing in the day book and approbation book he wrote little letters to merchants in town—he was not a clerk—when I went there Mr. Wild called him errand boy—when this order was presented I called Mr. Wild and gave it him—I did not read it—I knew it was an order because the person who brought it said, "From Mr. Troup"—I called Mr. Wild and gave it him—I was busy—on my oath I did not read it—I rose from my desk and wont to him, and he said, "From Mr. Troup;" I called Mr. Wild, who was in the adjoining parlour, and gave it him—I had it from the person who brought it, and kept it till Mr. Wild came—on my oath I did not read the order—I have been in the employ of Messrs. Wild and Robinson one year—I kept the day book and approbation book—I wrote in the day book, and Martin wrote in it, and Mr. Wild, and Mr. Robinson also—I do not lock that book up—no one writes in the ledger except me—I keep the approbation book, the ledger, the cash book, and day book—there is only one errand boy there at a time—Martin was there—he and I were very friendly—I never called him clerk, and he never called him-self clerk—I called him by his name—I treated him very friendly—I never had any quarrel with him, that I remember—I had not repeated quarrel with him—in business I sometimes told him not to do this or that, but I did not quarrel—I did not order him about—I can say, on my oath, that Mr. Wild or Mr. Robinson never told me that Martin was to have my place when I left—Martin was once talking about it—I do not know that he was to have my place when I left—he could not, he cannot speak German—I cannot tell whether I was permanently engaged by Messrs. Wild and Robinson when I entered there—I was paid by the week—neither Mr. Wild or Mr. Robinson ever told me that I was engaged there merely to make up the books—I was generally engaged there—I found Martin there when I went—I remained there till he left in June—I was there from Oct. last year—no other person stood between Martin and my employers except myself—there was no other clerk or shopman—before I went there Mr. Robinson kept the ledger—I am a native of Poland; I have been in this country about two years and a half—I had been in various situations before I got to Messrs. Wild and Robinson's
—I had been interpreter at an hotel, and I gave lessons in French and German, and I was barman at a public house in Turamill-street, Clerkenwell.
Cross-examined by MR. RIBTON. Q. This order was presented about 11 o'clock, and you would not swear that Graves brought it? A. No; I was brought to Union-court about 4, and I saw Graves—I shook my head and walked away, and I did not appear the first time before the Magistrate—on the second occasion Graves's mother did not tell me, but Graves told me to come.
MR. ROBINSON. Q. Why did you shake your head? A. Because I was not quite sure it was him—I said, "I shall send for the boy"—my wages were much more than Martin's—he was in the habit of writing the sales in the day book, and it would be his duty to enter orders at times when I was away.
CHARLES WILD . I am a partner in the establishment of Wild and Robinson, Martin was in our service up to last June—before be left I received a communication from a policeman, and I made a communication to Martin—I recollect this document (looking at the order) being brought on 28th Sept.—I believe ft is Martin's writing—the name on it resembles Mr. Troup's writing, but not the other part—this was delivered to me by Mr. Martins, our clerk—I did not see him receive it, but I heard the door go, and the party asked for some bracelets for Mr. Troup—I selected the bracelets myself, and gave them—I had no doubt at the time that it was Mr. Troup's order—I could not swear who brought the order, but from his general appearance I believe it was Graves—it was a person of his general appearance, and his size—the value of the goods I delivered to him was about 7l.—our errand boy was in the shop at the time; he is here.
Cross-examined by MR. PUELLEIN. Q. You had no doubt about it being Mr. Troup's order? A. No; I executed it immediately—I did not make a memorandum on the back of it—I could not say whether there was writing on the back of the order or not—I did not take further notice of it—I had not the slightest doubt it was for Mr. Troup, nor had I after executing the order—I first noticed the order about 1 or 2 o'clock the same day—I could not say whether there was then any writing on the back of it; I looked at the front of it—I do not recollect whether I looked at the back—I can swear I looked at the front—that was the first time that I believed it was not Mr. Troup's writing—when I executed the order I had no doubt of its being Mr. Troup's writing—I had been in the habit of seeing Martin write, sometimes in the day book, and sometimes in the approbation book, according to business—I suppose he is about eighteen or twenty years old—he had been. in our service about three years and a half—we paid him at first 5s. a week—he could not write well at first; he improved in his writing—I did not examine his writing every month—my attention was directed to this order about 1 or 2 o'clock; I and Martins, my clerk, talked the matter over—we did not look much at the entries in the day book—we looked at ones at the writing, to compare it—Mr. Martins had not the slightest doubt about the writing, and I had no doubt about it myself, when we found that the order was forged; when we found that the bracelets had not been for Mr. Troup—I had no great conversation with Mr. Martins—he said, "That is our boy's handwriting;" and I agreed with him—I thought so myself—Martin had asked for an increase of wages, and we granted it—he had at last 10s. a week—he came at 9 in the morning, and left at 7 or 8 in the evening, according to business—on some occasions he has stopped till 12 at night—sometimes he had a great deal of outdoor work—he sometimes had a great deal to do at
the Custom House—there has been no dispute at all at the Custom House about our entries—we sent Martin to the Custom House to be careful that the goods were not broken in taking out and in—he did not pass entries, our broker does all that—he asked for an increase of salary, and it was increased—he asked once more before he left for something beyond the 10s.—that was not immediately before he left, to my recollection—I hardly can say when was the last time we raised his salary; I believe it was last year—I could not say exactly the time he asked for an increase; I believe a mouth or two before he left.
MR. ROBINSON. Q. You say, when you first saw this order, you believed it came from Mr. Troup; how was it you did not find out that it was not his writing at once? A. I did not examine it at once; it is generally done in business—I delivered the goods without examining it—after I had examined it I had no doubt about it—my judgment was not formed from what Mr. Martins said to me.
DAVID BRICKLEY . I am errand boy to the prosecutors. On 28th Sept. I recollect this paper being brought—I believe this to be the one (looking at it)—the prisoner Graves brought it—I have no doubt whatever that he was the person—it was given to Mr. Martins, and he gave it to Mr. Wild—I never saw Graves before—I saw him again about 4 o'clock that afternoon; I recognised him again as soon as I came close upon him.
Cross-examined by MR. RIBTON. Q. You are in the service of Messrs. Wild and Robinson? A. Yes, and have been about eight weeks; before that I was an errand boy in Whitechapel—this order was brought between 11 and 12 o'clock—I was in the back part of the shop, as far as I am now from you—I was on one side of the counter and Graves was on the other—I was directly opposite him—I never saw him before—I cannot describe his jacket—I know he had a blue striped shirt on, and a grey sort of cap which came on one side—Mr. Wild was in his parlour—I saw him speak to the person, and I saw him give him the bracelets—from the time Mr. Wild came from the parlour, and executing the order, he was about a quarter of an hour—he only asked him who he came from, and told him to sit down—I afterwards saw Graves at Union-court, about 4 o'clock—the officer, Green, took me there—the officer came to Mr. Wild's for Mr. Martins first, and when he came back he came for me—the officer told me he was taking me to recognise the prisoner; he took me to the court—Graves was sweeping the court with a cigar in his mouth—Mr. Martins told Mr. Wild that he could not recognise him, and then the officer took me to recognise him—he told me I was going down to recognise him.
MR. ROBINSON Q. Mr. Wild asked him who he came from; what did he say? A. From Mr. Troup.
NELSON RICHARDSON . I am in the employ of Mr. Troup, 36, Hatton-garden; he is a jeweller and watch maker. This order is not his writing, nor mine, nor anybody's in our establishment—this other order is not Mr. Troup's writing.
Cross-examined by MR. PULLEIN. Q. Are the orders sent by Mr. Troup indorsed in any way? A. They are not.
Cross-examined by MR. PULLEIN. Q. Are all your orders signed by you? A. No, by the clerks in general, and they put their initials on them—I have live persons in my establishment—I have not had more than eight or nine fox
the last two years—my errand boy does not send orders—he is deputed to fetch orders in, but not to write.
MR. ROBINSON. Q. In your business, who would have authority to send orders? A. The last witness, chiefly; when orders are given in my name, they write, "For John Troup," in full, or "J. Troup," and then their own initials.
COURT. Q. Would any person, who has been in the habit of signing orders for you, be aware that this was not the proper form? A. Yes, I think so.
DAVID CURRIE . I am clerk to Mr. Keller, 88, Hatton-garden. On 28th Sept., about 12 o'clock, a person presented this request—I believe it was the prisoner Graves—I have no doubt he is the person—I had never seen him before—he brought the order in, and we were engaged with another customer—I took the order myself—he said he came from Mr. Troup—I told him we would send the goods—he said, "Send the goods immediately, there is a customer waiting to see them"—Mr. Keller was not quite satisfied, and he went to Mr. Troup's.
Gross-examined by MR. RIBTON. Q. You believe it was Graves? A. Yes; I have no doubt of it—I never saw him before—I saw him again at Union-court the same day—I went at the request of Mr. Green, the officer—he asked me if I could recognise him—when I saw him in Union-court I saw his side face, and I could not recognise him—I went for Mr. Wild, and he was not at home—I saw Graves again at the station the same day, and then I could recognise him—I expressed a conviction that it was him, but to swear positively, without shadow of a doubt, I could not—I had no doubt—when I looked him full in the face I considered it was him.
COURT. Q. Tell us what opportunity you had of seeing him in the shop? A. I was standing directly opposite the door when he came in—I took the order from him, and turned to Mr. Keller, and asked him if we had not better send the goods as we were busy, and he said, "Yes"—I was about two feet and a half from Graves, the width of the counter—he was there three or four minutes—the window is at the end of the counter—I cannot describe his dress particularly; I know it was a cap he had on.
LEOPOLD KELLER . I am a jeweller and importer, and live at 88, Hatton-garden—I received this order on 28th September, about a quarter past 12 o'clock—it was brought by a person similar to the prisoner Graves—I believe be is the person—I could not swear positively—I was at home when the order was brought; I had very shortly before come into my house—just before I came in, I had seen the prisoner Martin standing at the corner of Hatton-garden and Cross-street; I knew him perfectly before—he might be about eighty steps from my door—when I got within about twenty steps of him, he saw me, and turned his back—when I got past, I turned and looked at him—he was looking towards Hatton-wall, in the direction of Wild and Robinson's—it might be about a quarter of an hour after I saw him that this order was presented by Graves.
Cross-examined by MR. PULLEIN. Q. When did you first mention about seeing Martin? A. At the Police-court, at Bagnigge Wells—I bad before mentioned it at Messrs. Wild and Robinson's, and to my clerk—I mentioned it first about 2 o'clock—I went to Messrs. Wild and Robinson's, when I found my order was forged—I there saw Mr. Martins—they were not talking about these things—I asked them if they had received a similar order, and the order was fetched—I will swear it was on 28th September, about 2 o'clock—the time I saw the prisoner Martin was about 12—it was about a quarter past 12 when the
order was brought—I saw Martin about twenty steps before I came to him—I did not take particular notice of his dress—I merely looked him in the face—I believe he had a blue coat on, I am not quite sure—he did not say anything to me; he turned round—I had known him about three years and a half; I had not been in the habit of speaking to him—I have sometimes asked him how Mr. Wild was—I used to nod to him—I did not nod this time, because he turned round—I have no ill feeling against him.
Cross-examined by MR. RIBTON. Q. You cannot swear it was Graves? A. No.
COURT. Q. Had you ever had any dealings with Mr. Troup? A. Yes; I knew Martin before—he used to bring the newspaper to my house almost every morning—I knew him as errand boy to Messrs. Wild and Robinson—he had brought messages from Messrs. Wild and Robinson—he never brought orders from Mr. Troup—this was on a Tuesday.
Cross-examined by MR. PULLEIN. Q. Do you know the day of the week? A. I asked the young man what day of the week it was, and he said it was Tuesday—it was raining—I do not know that it poured with rain—I am not sure whether it rained all day—people were running about with umbrellas, and some standing up at the houses.
Cross-examined by MR. RIBTON. Q. How long was he in the shop? A. Three or four minutes—I walked round the side of the shop by the counter, and looked up at him—I saw him afterwards at the police-court—I went to Mr. Wild, and said, "Shall I go with you to the police-court to see if I can recognise the man?"—and I went with him—I saw Graves at the police-court—he was called, and I saw him come in, and I said it was him.
MR. ROBINSON. Q. Did you know him directly? A. Yes; I said I thought that was him—it was raining fast the day he came—no one would stand outside by choice.
JOSEPH GREEN (police-sergeant, G 90). I know the two prisoners—I have seen them together before June, I should say about five or six months—I had seen them together about a dozen times during that time—I had never seen Graves near Messrs. Wild and Robinson's premises—I have known Graves the last five or six years—I had seen the prisoners together about a week or a fortnight before I took them in custody—I pasted over this order at the back by order of Mr. Robinson, the solicitor, because it was torn—I do not recollect what was on the back of this order—there was some small writing something similar to what is on the back of this other order—on the back of this, here is "L. Keller."
Cross-examined by MR. PULLEIN. Q. You have seen the prisoners together since June? A. Yes; I saw them together eight or ten days before I took them in custody—I know Martin to be the associate of Graves—I had seen him with him before—I did not have a row with Graves in April; a personal squabble—I might have met him in April, in Union-court—I was engaged to find out these prisoners—I went to Martin's parents, and turned over their goods and things—his father and mother are respectable persons in Fetter-lane—that is in the city—I had not any warrant with me—I had a City policeman at the door—I opened one box—I believe his mother to be honest; I took her word for the rest—I found this one book, which I have had ever since (producing it).
MR. ROBINSON. Q. What is Union-court? A. A low neighbourhood—I
have seen the prisoners together at Graves' mother's; she is married to a man named M'Donald.
MR. RIBTON to CHARLES EYRE. Q. You told me you recognised Graves at the station, how many times did you go to the station house? A. Two or three times, I could not be sure which—I did not recognize him the first time—I was not sure—I was taken by the policeman to Clerkenwell-green to a place where prisoners are brought—I was shown Graves—he was not pointed out to me by the policeman—the policeman did not go up with me; the turnkey did—the policeman did not tell me I should be sure to recognize Graves by means of his white buttons—he said to me, "Are they white buttons on his waistcoat?" I said, "I am not sure," and he did not say any more—the policeman said to the turnkey that I had come to recognize a prisoner—the policeman did not say I should be sure to recognize him—he asked me if I could, and I said yes—after I had been to the prison I was brought to the police station—I went to Bagnigge-wells the next day, and I recognized that the man I saw at the station was the same man I had seen at the prison at Clerken well—I saw two little boys, and another person like a Frenchman, and the fourth one I said was him—I did not notice his buttons; I knew him by his face.
COURT. Q. Those persons at the prison were shown to you separately? A. Yes; they were in a little place; the turnkey said to me, "Is that him?—is that him?"—he asked me that of each of them.
THOMAS JONES . (policeman, G 165). I know the prisoners—I have known Graves the last three years—I have frequently seen the prisoners together—to the best of my recollection I had seen them together two or three days before the 28th of Sept.—in the course of the month before I had seen them three or four times.
COURT to CHARLES WILD. Q. Was Martin in your service at the time this order was delivered? A. No; he had left on the 12th June—I had discharged him.
MARTIN— GUILTY of Forging. Aged 19.— Confined Twelve Months.
GRAVES— GUILTY* of Uttering. Aged 20.— Transported for Seven Years.
MESSRS. BODKIN and CLERK conducted the Prosecution.
JOHN PARKINS . I am a bookbinder, residingin Charles-street, Westminster, not far from the House of Commons. I have known the prisoner fifteen years—I was aware that he had a situation in the House of Commons—I had some dealings with him for waste paper, in 1848—I recollect meeting him just before Christmas, 1850—I learned from him that he had some waste paper to sell—I said I would have it—it was arranged that I was to fetch it with a horse and cart, which I was to take to the House of Parliament—I had purchased once before of him, and I concluded I was to go there to the temporary entrance—on 24th Dec. my lad and my man went with the cart—I went at that time, and told the prisoner the horse and van were there—I stood against the Committee room door, up in the corridor—I did not see the paper removed—I heard him tell my man to clear the cupboard in the corridor where the paper was—the man carried down the paper, and the boy assisted him—the prisoner was there when they were clearing the cupboard—he was with me standing against the Committee room door, some yards from
the cupboard—I cannot say whether he was there all the time they were clearing the cupboard, for I went away and left him there—I was there with him perhaps half an hour—he came to my house the same afternoon, about 5 or 6 o'clock—the paper was brought from the cart to a little office and weighed—the prisoner and my man and I were there—while weighing it the prisoner saw a parcel in the scale, he took it out and opened it, and said, "This is better paper, I must have a higher price for this"—we had agreed that 23s. a cwt. was to be given for the whole quantity, and we agreed for 29s. a cwt. for the better paper; there was 14 cwt. 3qrs. 10 lbs. of the waste paper, and 3 cwt. 2qrs. 10 lbs. of the better paper—the whole amount was 18l. 2s. 3d.—I drew a check for 34l. in mistake, and gave it him—that check was returned, and I gave him a check for the paper—I sold some of the paper that I gave 29s. to the prisoner for, to Mr. Jennings in March last—I do not recollect what quantity I sold him—there was some still remaining in my shop—early in Oct., serjeant Thornton came to my house with Capt. Gossett—they weighed eighty pounds of paper, and took it away—it was part of the paper I bought of the prisoner on 24th Dec.—I think the prisoner called on me the same day, in the evening—he was a great deal excited—he said, "This is a bad job," and he asked me what he should do—I told him he must do the best he could—I told him the police-sergeant and Capt. Gossett had been there and taken the paper—he told me he was going to Mr. Chalmers—I told him he had better not come to my house—he came to me again the next night in a very distressed state, and I requested him to leave.
Cross-examined by MR. BALLANTINE. Q. Are you quite sure that you did give the prisoner a different price for the two different papers? A. Yes; I did make one mistake about the checks—here is an erasure in this book—I cannot account for it—it may have been a blot—where this quantity at 29s. is entered was made at the same time as the other, it does appear to be in a different ink—here is 1849 before 1850—it sometimes is not put down immediately.
COURT. Q. Did you make the entries? A. Yes; and they were both made at the same time, and both after the discovery of the better paper—after the goods were settled for.
MR. BODKIN. Q. How long were you weighing the paper? A. I should think about three quarters of an hour, but I left before—there were, perhaps, twenty draughts, I cannot say—we weigh about half a cwt. at a time—I do not remember who took account of the weight in the scale each time—the prisoner was standing by—it was weighed in an office place which is used for stowing away luggage—I had no table nor desk—this entry was made after the prisoner went away—I cannot recollect where it was made, I was ill at the time—I had pen and ink in the shop—it was in the shop I made the entry—I made a distinct bargain for this paper—some of it was tied and some was loose.
JAMES JENNINGS . I am a stationer, and live in the London-road. I purchased some paper of the last witness on 10th March, and I have bought of him once since—on 10th March I bought 12 cwt. of waste paper and newspapers, and about 3 cwt. of ruled paper of this description, at 28s.—some of this was taken from my place.
JAMES GOODWIN . I was errand-hoy to Mr. Parkins in Dec., 1850. I went with the cart to the House of Commons to fetch the paper—I went to the corridor, and helped to hand the paper from the cupboard—Mr. Mitchell was there at the time—he tied the parcels up, and I took them down to the cart—this was in the afternoon, by daylight.
STEPHEN THORNTON (police-sergeant, A 26). I took the prisoner into custody on this charge on 18th Oct. I found him in the House of Commons—I read the warrant to him—he asked what the quantity of paper was—I told him 4cwts.—he asked if I had any other charge against him—I told him I had—I took him to the station—I took 1 cwt. and 3qrs. of this paper from Mr. Jennings's, and some from Mr. Parkin's.
JAMESH GEROGE ALEXANDER DIGGINS . I am an examiner of paper in Her Majesty's Stationery-office. This paper is, I believe, prepared for the short-hand writers of the House of Commons—this other is also paper supplied to the House of Commons.
ROBERT CHALMERS . I was for many years principal clerk of the House of Commons; I have now retired. I am well acquainted with the prisoner—he was messenger there, I think, fifteen years—there is a certain sort of paper supplied to the House of Commons for the use of the short-hand writers—this is some of it (looking at it)—I know it by the ruling—here is some of a larger size—this is used by the copying clerks—when this was sent to the House of Commons it would he entered to Messrs. Gumey's, but the prisoner would have the care of it—Mr. Pike is clerk of the stationery; but, in bit absence, the prisoner would sign the delivery order, and take charge of the paper—it would not be kept in store any time—it would be kept in Mitchell's room, which adjoins the Committee-office—it would be for the use of Messrs. Gumey's writers, and for the clerks of the Copying-office; but while there, it would be kept in Mitchell's cupboards, but he has complained of want of room—it would not be kept there any time, because he would send word to Messrs. Gumey's office that it was there—I have given directions to the prisoner to remove papers—there is a great quantity of waste papers, and it is necessary to remove them, to prevent confusion—he came to me on the morning of the 15th—he seemed rather agitated, and in the course of conversation it came out that he had sold some waste paper, and he remarked that other persons had done the same—I said he had no cause to make himself uneasy on that account—he had had no express directions to sell it; I hail told him to get rid of it, but I did not tell him what to do with it—there is no express authority to sell waste paper—in fact, there are baskets attached to each desk, in which the clerks put their waste paper, and the prisoner would have to empty them, and take it away—on the morning of 15th Oct. the prisoner called on me, and seemed in a very excited state—he made some efforts to speak, but could not get it out—I asked him the cause of his trouble—he informed me it arose out of the sale of waste paper at the House—I remarked, if he knew it was only waste paper, I did not think he need be under such extreme alarm as he seemed to be—he then told me that the man to whom he sold the paper had come to the House of Commons, and he had given him directions to clear a press, which contained waste paper, and, unfortunately, under the waste paper there was a quantity of ruled paper—he certainly conveyed to my mind the impression that, having told the man to clear the whole, he did not see that this ruled paper was there—when I heard that there was some ruled paper, I told him that could not come under the description of waste paper, and I desired him to go to Mr. Dyson, my successor, who lives near Slough, and communicate the matter to him—he called on me again on Sunday, the 17th, and I told him that since I saw him I had learned that he had seen the ruled paper at the stationer's, and I said, "Upon discovering that, why did not you immediately withdraw it, and take it back to the House of Commons?"—the words he made use of I do not quite recollect, but the effect of them was that he had not moral courage enough to make known the
circumstance of the paper to Parkins, the stationer—I do not recollect the words he used; but that it was a painful disclosure, or something that he had not moral courage enough, and I expressed my regret that he had not that courage.
Cross-examined. Q. I may take it from you, that he bore a most excellent character? A. Yes; he has a wife and young family—for the twelve or thirteen years before this there was no impeachment on his honesty—this is a transaction two years old, and is the only matter against him—I dare say there was other waste paper in the cupboard of the House of Commons—he was very much pressed for room, and he has made representation of that to me.
COURT. Q. Was it not the duty of the clerk of the stationery to see that no paper of this kind was left in the cupboard? A. Yes; it ought to be kept in store—the prisoner's duty was to take care of what was left; but if the business had been done by the clerk of the stationery there would have been nothing left but waste paper; he had to keep an account of what would have been kept in store as well as what was left—I wish I could come to the conclusion that the prisoner might have thought that this was waste paper by the clerk not taking it away.
JURY. Q. What were the prisoner's wages? A. Thirty shillings a week, and 30l. at the end of each session for good service, and for taking care of the session papers he had 10l. a year—his salary altogether was something about 120l. a year.
JOHN PIKE . I was clerk of the stationery of the House of Commons. It was part of my duty to order the stationery when it was wanted; I wrote the order, and the principal signed it, and the quantity was brought in—when it came in most generally I checked it, to see that the proper quantity came in; but I never checked this sort of paper under any circumstances; it was never checked—when Messrs. Gurney said they were in want of paper, it was always my practice to give an order—when it came in it was received by Mr. Mitchell, but it was never checked, inasmuch as Gumey's knew what I had ordered, and they knew what there was—it was the prisoner's duty to receive it till Gumey's sent for it by their own man—I cannot account for two or three hundred weight of this paper being in that cupboard—I was away at the time—it is my custom to go into the country—it was my duty to summon the members, and various other duties—it would take me half an hour to tell you all my duties—with respect to the stationery, the forms were prepared, and I had to sign them when they were wanted; and I receive some stores, such as sealing wax, and tape, and other things—if Mr. Chalmers wanted things he could have them.
COURT. Q. How did you know what would be wanted for the next sessions? A. I used to take the prisoner's word for what was wanted.
Cross-examined. Q. And you go into the country as soon as you can? A. yes, directly.
GEROGE WILLIAM DYSON . I succeeded Mr. Chalmers as principal committee clerk. On 15th or 16th Oct. the prisoner came down to me in the country—he appeared in a great deal of distress—he said he was charged with having sold the ruled paper as waste paper, but it had been taken away by mistake, having got covered with waste paper; that he had discovered it afterwards, but was ashamed to have it brought back again—he asked me to come to town and see Mr. Chalmers—he said it was taken away in the waste paper, and he did not know it till afterwards.
(The prisoner received an excellent character.)
NOT GUILTY .
THIRD COURT.—Thursday, Oct. 28th, 1852.
PRESENT—Sir JOHN KEY, Bart., Ald.; Sir CHAPMAN MARSHLL, Knt., Ald.; Sir WILLIAM MAGANAY, Bart., Ald.; Mr. Ald. WIRE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Seventh Jury.
1038. MARGARET HEALEY, ANN RYAN, ESTHER JONES , and SARAH SPICER , burglariously breaking and entering the dwelling house of John Routledge, and stealing two gowns, 1 coat, 5 night caps, and other articles, value 4l. 4s.; his property.—2nd. COUNT, receiving the same.
MR. BIRNIE conducted the Prosecution.
JOHE ROUTLEDGE . I am the wife of John Routledge, a cabinet maker, at 71, Brick-lane, St. Luke's. On Wednesday night, 22nd Sept., about half past 12 o'clock, I fastened the doors and windows, before going to bed—the back parlour window was shut and bolted—I got up next morning at a little after 6, and found the woodwork of the shutter of the back parlour window broken off, the corner forced up, so that an entrance was possible from without, and the doors which I had left fastened were all standing open—I missed a coat, two waistcoats, two dresses, and when I went to the drawers I missed a great many other articles—they were all my husband's property—this (produced) is part of the properly—the back parlour window looks into a yard which leads to an open court.
Jones. Q. Did you ever see me up the court? A. Yes; on the afternoon before the robbery.
MARY KING . I live at No. 2, Vere-court, Bell-alley, St. Luke's, and am a widow—Mrs. Spicer, the prisoner, lives facing me. On Thursday morning, between 9 and 10 o'clock, I was sitting at my window and saw a Mrs. Taylor, who is not here, take a bundle into Mrs. Spicer's—in less than half an hour Mrs. Spicer and Mrs. Taylor came down together—they had nothing with them—they went away, and when they returned they both had something under their shawls—they went away again, and I did not see any more of them—in the afternoon, between 2 and 3, Healey came, and went up into Spicer's room—Healey then looked out of the window, and called out, "Ann," to a young woman who came with her—Ann went up into Spicer's room, and she and Healey each took away a bundle from Mrs. Spicer's—they went down the court, and I saw no more of them.
SARAH COLLINS . I am the wife of Charles Collins, of Chequer-alley, St. Luke's. On 23rd Sept., between 9 and 10 o'clock, I was working at my window and saw the postman bring a letter to Mrs. Spicer—shortly after that Mrs. Taylor came with a bundle, and went upstairs—Taylor and Spicer shortly after came down—they had nothing in their hands, and not long after that they both came back with a bundle each, and went up to Spicer's room—Spicer had a bundle under her shawl, and Taylor a bundle in her hand—in the afternoon, between 2 and 3, I saw Healey and a young person who is not here, come—Healey went up to Mrs. Spicer's room, looked out at the window, and called "Ann"—Ann went up, and they both went away with bundles in their aprons.
GEROGE BANKS (City policeman, 153). On 23rd Sept., about 3 o'clock in the afternoon, I met Healey with the property that has been produced, under her apron—I stopped her, and took her into custody—I asked where she got the articles from—she said from Mrs. Spicer.
THOMAS EVANS , (policeman, G 145). I took Spicer, on 23rd—searched her room, and found this rightcap (produced) in a box—I asked her whether it was hers—she said it was, and she afterwards said it was not—I afterwards saw Healey in custody—she said she went and fetched the things from Spicer's, that the other girls were afraid, because the police were after them, and she was to meet them in Lamb's-passage with the things—when Jones and Ryan were at the station the charge was read over to them, and they were told that anything they said would be used against them—Jones said in Ryan's presence that she was called up by Ryan and Mog (meaning Healey) to go with them at 2 o'clock that morning, that she went and stood at the corner of the court, and watched for the prisoners while they went up the court, and committed the robhery—I found these two gowns, and this handkerchief, (produced) at a leaving shop.
WILLIAM FREDERICK PHILLIPS . I keep a general shop, in Arthur-street, St. Luke's—my customers are very poor, and when they cannot pay, I let them leave things. On 23rd Sept., about 8 o'clock in the morning, Ryan came to the shop, and Jones followed her—they brought these two gowns with, them, and had butter, tea. and sugar for them, no money—I asked if they were their own—Rynn said they were, and they took away the provisions.
Jones. Q. Was I in the shop? A. Yes; you came about five minutes after Ryan; you did not speak, but you took away some of the provisions.
GEROGE RABBITT (policeman, G 241). I took Ryan on the 24th, and told her she was charged with committing a rohbery in Brick-lane—at first she said she knew nothing of it, and directly she said, "You ought to have fetched the other girl," meaning Jones; "she knows as much about it as I do."
Jones's Defence. I came home about 12 o'clock that morning, and about 2, Healey came and asked me to go home with her, as her mother was gone out nursing, and she asked me to wait at the corner of the street, and tell her if the policeman came.
(Spicer put in a written defence, stating that the nightcap was given her by a neighbour, and that she was not aware that it was improperly come by.)
GUILTY on 2nd Count. — Confined Six Months.
JONES— NOT GUILTY .
SPICER— GUILTY. Aged 70.—Recommended to mercy by the Jury. — Confined Twelve Months.
MESSRS. BODKIN and THOMPSON offered no evidence.
NOT GUILTY .
MR. CAARTEEN conducted the Prosecution.
SOLOMAN PIGOTT . I am a toy-dealer, at 15, Little York-street, Whit-more-road, Hoxton. On Sunday evening, 3rd October, I went to the prisoner's; he carries on the business of a firework maker, at 30, Rose and Crown-court, and occupies the whole house—the manufacture is carried on in the first floor back room—there is a shop to the house—I knew John Howes,
one of the deceased lads,—he was in the prisoner's employ—I have seen him come into the shop when I have been there—I cannot say that I have seen him engaged in making fireworks, but I have seen him bringing them down stairs—I got to the prisoner's about a quarter to eight on this evening—I found the prisoner, his wife, and two young girls, in the back parlour, I passed through the shop to go there—the prisoner left the room two or three times while I was there—I heard a loud lumbering noise overhead, and said, "Have not the boys left off work?"—I addressed that generally; the prisoner was in the room—his wife said, "No, they have not yet"—I observed that I did not like Sunday work, I thought no good came of it—the prisoner was present, but did not say anything; he left the room after that, but I cannot say where he went to—the room opens into the passage where there is a staircase leading to the top room—after he left the room I immediately heard a noise as if a person was walking upstairs—he did not remain away many minutes—I am not certain whether he went up two or three times, but after he came down the last time, he said to his wife, "The boys may as well leave off now"—that was about a quarter or half past 8—his wife then left the room, I heard a person go up, and when she came into the room again, she said, Jack had got a few more to finish, and be would stop and finish them—I do not think the prisoner made any reply to that.
COURT. Q. Did the prisoner direct his wife to tell the boys to leave off? A. He merely said the boys might as well leave off.
MR. CAARTEEN. Q. After the wife came down did the prisoner remain in the room? A. Yes; and about five, seven, or ten minutes after that an explosion took place like the report of a cannon—upon that I rushed out of the house through the shop—about five minutes after, I returned, and met Mrs. Holyhead at the shop door with her apron full of fireworks—I looked through the window and saw the prisoner in the shop by the side of something that was burned—it was outside the counter on the floor—I cannot tell what it was, but it appeared like a bundle of something burning—I went into the shop and assisted the wife to pack up the fireworks—soon after the explosion I saw the boys out in the court—they were very much burned all over; the flames were out, but their clothes were still burning when I first saw them—they were taken away on shutters—I afterwards went upstairs to the back room, the window frame was blown out, and the shutters burned and shattered—the table which stood by the partition dividing the room from the passage, was very much burned, and there were remains of firework cases which seemed to have exploded, on the floor—I did not see any candle—I saw the prisoner afterwards, he said it was his total ruin—he said the room was lighted with a flat candlestick with a common tallow candle in it, and a glass globe round it—I cannot tell now what conversation led to his mentioning that—I may have asked him what sort of a candle he used, but I cannot say whether I did or not.
Cross-examined by MR. SLEIGH. Q. Was not this what led to it; that he could not conceive how the accident could have happened, because the candle he used had a glass globe round it to prevent accident? A. He may have said so, it is very likely he did, but I cannot bring it to my recollection now—I went to the prisoner's that evening to get some goods I had purchased.
COURT. Q. Did you know Howes? A. Yes; he was about sixteen years old—I did not know the other boy.
had worked for the prisoner four or five years, off and on, at making fire-works—I saw his dead body at St. Bartholomew's Hospital, on the Monday after the accident.
WILLIAM GEROGE CALLENDER . I am house surgeon at St. Bartholomew's Hospital. The two boys were brought there about 9 o'clock on Sunday evening, 3rd Oct.—they were very severely burned all over the body—Howes died at half past twelve on the Monday morning, and Crowly died at half past three—they both died from the effects of the burns.
NOT GUILTY .
1041. JOSEPH BLACKIN was indicted (with John Tweedy, see p. 51) Robbery on Charles William Sheerling, and stealing I watch, 1 guard, and 1 key, value 32s. 6d.; his property, and beating and striking him: he pleaded
GUILTY to the larceny. Aged 18.— Confined Four Months.
OLD COURT.—Friday, Oct. 29th, 1852.
PRESENT—Mr. JUSTICE CRESSWELL; Sir GEROGE CARROLL, Knt., Ald.; and Sir ROBERT WALTER CARDEN, Knt., Ald.
Before Mr. Justice Cresswell and the Third Jury.
MR. ROBINSON conducted the Prosecution.
ELLEN WILLIAMS . I had a daughter in the defendant's service—she left on a Monday, about five weeks ago, between 9 and 10 o'clock at night—I do not know the day of the month—on the Wednesday afterwards I went to the defendant's house at Stoke Newington with Margaret Ann Jones—we got there about half past 8, as near as I can guess—we had taken some spirits at Mrs. Jones's house—we were sober; we were not tipsy—Mrs. Jones was sober—we were both alike—there are eight or nine steps up to the door—when we got to the top I knocked at the door, and Mrs. Jones stood at the side—the defendant opened the door, with a parcel in her hand containing a pair of clogs and two coarse aprons, belonging to my daughter—I said to her, "I have come concerning a servant girl you had living with you; I am her mother"—she made me no reply, but heaved this bundle in my face, pushed Mrs. Jones with the other hand, and then shut the door—she said nothing as she did that—Mrs. Jones had no time to say anything—she was down in the area in a minute—she had not said anything; she only stood at the side, with her back towards the area—there were no rails to protect her from the area—it was a violent push sideways, and the door was shut very violently indeed—I knocked at the door, and said, "For goodness sake come out and see what you have done to my friend; I think you have killed her"—there was no answer; no one came to the door—I ran down two or three steps, jumped into the area, and saw Mrs. Jones there in a pool of blood; about that time help came, and Mrs. Jones was taken to a doctor's—Mr. Keale came out of the next house, and gave me and my daughter in charge, as he said, for breaking windows—I afterwards saw Mrs. Jones in the Hospital.
Cross-examined by MR. CLARKSON. Q. Had your daughter ever been in service before? A. Yes; she had not left that place suddenly—I have not
had a drop of gin to-day—I am sure of that—she did not leave her former place suddenly, nor did I go there at night and make a row, because a he left properly—I went once into the Kent-road concerning her leaving her place—not at night—I think it was between 3 and 4 o'clock in the day—I do not know how long ago it was; I did not keep it in my head, not thinking of this happening—I am not in the habit of drinking—I work for my living; I am a tailoress; how can I drink?—I work to maintain my family; I drink, but I do not make a practice of it—I do not know that I am in the habit of drinking gin, and being overcome by it—I know that man as a neighbour of mine (Balchin, a detective officer)—he lived in the same house with me—I do not know how long it is; seven or eight years ago I think, but I do not keep a memorandum of those sort of things in my head; that has nothing to do with Mrs. Jones's death—I am not in the habit of getting drunk—Mrs. Jones and I were not drunk on this night—you might say, as we had taken a little refreshment, that we could not be sober; we knew well what we were about—we never meddled with any one, nor yet used violence or bad language—I took a little gin at Mrs. Jones'—I swear we did not take any spirits it any public house, or anywhere else—I took no more spirits that night, that I recollect—I know we did not go into any public house going along—I should not like to swear I took no spirits anywhere else—we did not want to go into the house when we knocked at the door; we wanted to know the reason the girl was turned away—a he had been at Mrs. Keale's a fortnight, and was paid a month's wages and turned away between 9 and 10 at night, and the lady next door took her boxes in—I was taken into custody that night—I was not fined—I had the money returned—Mr. Keale brought in his bill for breaking the kitchen window where Mrs. Jones fell.
Q. Will you swear you were not fined for being drunk, and committing wilful damage? A. Mr. Keale wanted 7s. for the broken window; the Magistrate said he did not consider a little kitchen window was worth 7s. t and so I was to pay 5s., which I paid; and in a minute or two he said, "Here, good woman, I think we shall be able to save you this," and returned it to me—I do not know what the fine was for—I was given in charge for what Mr. Keale thought proper, me and my girl, and the girl never gets drunk; I paid no fine at all; it was returned—Mrs. Keale was standing close by the step when she opened the door—she had the door in her hand at first—I did not notice whether she ever let the door out of her hand—she shut it violently as soon as she had thrown the bundle into my face; nobody had tried to kept it open; I did not try to prevent it being shut—I merely asked Mrs. Jones to go with me as a friend—she had gone with me to the other place in the Kent-road, when I went to make inquiry there—I did not are Mr. Keale at all—it was dark—it was about half past 8—we had left Mrs. Jones's about half past 6—I do not know the distance to Mrs. Keale's—we were not tied to any particular time, and we looked in the shops—we might have walked it in three-quarters of an hour—we were two hours going, but were not tied to time, as it was a fine evening—Mr. Keale came out of the next house from round the garden—I called murder when my friend was pushed over, for the sake of getting assistance—the bottom of the area is three or four feet from where I jumped from—I did not notice whether there is any dwarf wall or parapet to it—I went before the Coroner—when I was knocking at the door Mrs. Jones was on my left, with her back to the area.
(The deposition of Mary Ann Jones, taken at the Hospital before Mr. Ald. Hooper, was here read, as follows:—"I have very little to say on the subject—I went with the servant's mother to get the box home—I heard
no words, but I received a blow—I fell backwards off the steps, and fell I know not where—it was a house at Stoke Newington; it was a nice house up steps—it was dark, between 8 and 9 o'clock on Tuesday evening—I received the blow from a person who was stated to be Sophy's mistress—I think I should know her if I saw her at her own door—I never saw her before—I cannot identify her now—it might have been a push, I cannot say it was a blow—three of us went to the house—we called on a friend going along and had some gin; I and my mother and the other person had some—we left Crown-street about 6—I might have had two glasses—when we left that house the girl said, "Make haste or we shall be too late, it is near 8"—Sophy was close by—I and the mother went up the stairs, the lady brought a light to the door—the person who had the light was the same that gave me the push—I do not know whether the lady spoke to me or not—the mother knocked at the door—I was standing behind the mother when she knocked at the door—I did not hear what passed between the mother and the lady, but they were not high words; what passed did not occupy a minute. Cross-examined by Charles Swan for the defendant, says: "I do not know whether the person came out upon the steps, or only partly opened the door." Examined further, says: "I hope I shall recover."
ANN STURT . I live at Newmarket-place, Southgate-road, Kingsland. Between 8 and 9 o'clock on this evening, I was passing Mr. Keale's house, and saw two females on the steps; the door was open, and the first thing I saw was a hand pushing one of the females, who fell over into the area—I was just by the gate, which is, perhaps, three or four yards from the steps—there is a little garden—the push was as though it was done in a hurry—the door was then shut violently, slammed to, and then the other person commenced knocking at the door, calling for a light, and saying they had knocked her friend into the area—I borrowed a light from next door, rendered what assistance I could, and went for a doctor.
Cross-examined. Q. You were passing casually? A. Yes—the females did not appear to me to have been drinking at all—the door was about halfway open, and the hand came from within; I could see the hand, but nothing else—I do not remember the police coming up and asking who was the master of the house—I asked who was master of the house; Mr. Keale did not come forward while I was there, and say, "I am master of the house"—I did not say, "You are the person whose hand pushed the woman out"—I did not tell Mrs. Richards so.
COURT. Q. Did you see one hand of the woman or both hands? A. Only one hand—I could not see whether it was the right or the left hand, it was momentary—I saw nothing thrown out—there was a light in the passage; I could not see whether it was a lamp or a candle, or how it was held.
WILLIAM HARRISS STERTTON . On Wednesday, 22nd Sept., I was house surgeon at St. Bartholomew's Hospital. The deceased was brought there that evening; she was cold, had got a very small pulse, and looked very pale in the face—she had a wound on the right side of the forehead, a slight injury to the right arm, loss of motion in the lower and upper extremities, and complained of great pain at the back of her neck—the injuries might have been caused by a fall down an area; she died about noon on 26'th—in my judgment the injuries I found on her were the cause of her death—death was caused by rupture of the elastic substance which preserves the bones of the neck, and pressure on the spinal marrow—she was brought in about 11 o'clock at night, her breath smelled of liquor.
and first saw the deceased there—I have examined the house, there is a pillar on each side of the door.
Cross-examined. Q. Is there a dwarf parapet along the side of the steps before the area? A. Yes; there is no protection between the steps and the area, but a parapet, eight or ten inches high—I do not recollect how many steps there are up to the door, the area is about three or four feet deep—as you go to the door it opens to the right; when you stand inside you open it to the left.
HUSTINGS MOORE (policeman, N 29). I took the prisoner at Clerkenwell police court, she had come there to make a complaint against Mrs. Williams for breaking windows—she accompanied her husband there—I told her what she was charged with; she said it was a very bad job, the two women came into her house drunk, but she did not push the woman that fell into the area.
Cross-examined. Q. Have you reason to believe that the defendant and her husband are persons of perfect respectability. A. Yes.
JOHN GILBERT (policeman, N 384). On 22nd Sept., I was called by Mr. Keale, and took Ellen Williams into custody about 20 minutes before ten o'clock—I took Sophia Williams as well; they were both drunk.
(The prisoner received a good character.)
NOT GUILTY .
MR. DEARSLEY conducted the Prosecution.
MARY RICHARDSON . I am a widow. I lived at 11, Shepherd-street, in the service of the deceased—her name was Ann Matthews—for a long time she went by the name of Brown, but her proper name was Ann Matthews—she was always called Brown while I lived there—I know the prisoner—the deceased was his aunt—he had lived there a little better than two years—they lived together like man and wife—on Saturday evening, 8th Oct., the prisoner left home a little before the candles were lighted, about dusk—it had struck 12 when he returned home—he was then betwixt and between as to drinking, but he was perfectly aware of what he was doing—the deceased was sitting on the hearth-rug, with her feet towards the fender, in the back parlour—that was the room in which they slept—she sent for a pot of beer—the girl, Sarah May, went for it—she prisoner came in while she was sitting on the hearth-rug, but she had been sitting there a good bit before he came in—when he came in he turned the bedclothes down, the first thing, with the intention of going to bed, and he told the girl to go to bed likewise—he then called his aunt a very improper name, and said she was sitting in a dirty position before the fire—the deceased replied, "Jem, you can go back where you came from; I can do without you, and I don't want you here"—he then jumped up, and with his fist he gave her a violent blow on each side of the temple, but it did not bleed; it was bruised, but did not bleed—he took her head like that (describing it), and hit her violently with both hands on each side of the head—the prisoner was standing up behind the deceased at the time he struck her—I begged him not to do it, as it was getting Sunday morning.
Q. What kind of blows were these, as to violence? A. Why he could not do no more than he did with his doubled fist—she told him it would be the last time he should ever hit her, for the next day she would swear her life against him—I did not observe anything on her forehead, or any other part, at that time—there was then a ring at the bell, and I went to the door—I had not gone above three or four steps at the furthest before I heard the deceased say, "Oh, Mary!"—I was not absent three minutes, I am positive, from the
short distance I went—I returned to the room immediately—when I went in the prisoner's boots stood alongside of my mistress—I took them up and put them under the foot of the bed, and went to her assistance—she was then lying flat on her back, with her feet still towards the fireplace—I directly went to try to lift her up, and I said to the prisoner, "Jem, you have killed your aunt; at least, she is quite dead"—I got a pillow to put under her head, and there was apparently a little bit of sound in her throat, but she was quite dead—the prisoner did not assist me then; when I asked him he did—he sat on the foot of his bed, but he did not offer to lie down—I said to him, "Jem, will you assist me to raise your aunt up? she is quite dead"—I was stooping down over her, and he instantly came and sent me away from her; be took me by my clothes, and hoisted me towards the parlour door, away from her, as I was trying to pick her up—he then stood on my right hand, near the fireplace—he had neither boots nor stockings on, nothing but his shirt; and as he stood there, he said to me, "Look here," and he took his foot and projected it down upon her stomach three or four times, but I did not count it; I was too frightened—he then told me to take a light and go to bed, and leave her; she was right enough—he then said, "There is nobody can make you open your mouth; if they say anything, it is sure to be 'hanged or transported'"—I said to him, "Will you assist me, and raise your aunt on the bed?"—he said, "If you will lay hold of her feet, I will lay hold of her head;" and we did so, and laid her on the bed—he then went to bed himself, and laid on his side, and covered himself over—he said, "Take the light and go to bed; I am not afraid of being in the dark with her"—I said I would have a doctor, or some medical advice—he got out, and put his boots on, without any stockings, and said, "I will fetch a doctor; she shall soon have a doctor"—he went to Mr. Westlake's, a neighbour's house—Mr. Clark, a doctor, came—the deceased was in very good health when I saw her sitting on the hearth-rug—she was quite sober then.
COURT. Q. What do you mean by then? A. Why, she was in the habit of drinking a little gin and water; but she was lying down; she often laid down—she had not been drinking at all that evening.
MR. DEARSLEY. Q. Were you sober or drunk? A. I was perfectly sober, as sober as I am now, for I never drink any spirits.
Cross-examined by MR. PARRY. Q. This place was a brothel, was it not? A. Yes; I had been there eight years—the deceased had had the house during the whole of that period, and before I went there—the prisoner had only been living there for two years—a brother of his lived there before him for a little while as a porter, but he died in the Fever Hospital—there is a sofa in the room—when I returned from answering the ring at the bell, I found my mistress lying straight back on the floor, with her feet towards the fire—her head was not close to the sofa; she was too far away from the sofa; I am positive of that—there was a good space between her and the sofa; I cannot tell exactly what space—the back of her head was near the drawers, nearer than the sofa—there was a chest of drawers as well as a sofa—her head was not touching the drawers; there was room for me to put my hands down behind, to try to raise her head up—after the prisoner struck her in the way I have described, a potboy from a public house came in, and brought a paper and put it in her lap—I brought the deceased's spectacles in to her, but she did not begin to read the paper—she put them on for the purpose of reading—I was not absent more than three minutes; I only went to the door and back immediately—I did not return when she cried out, "Oh, Mary!" I went to answer a lady and gentleman that came, but I heard no bustle in the room while I was gone—I did not attend to the lady and gentleman; they did not
come in; I only answered them at the door—the room where this occurred was the back parlour, on the ground floor, as you come in at the door—I did not go out to drink during the three minutes—at the time the prisoner put his foot on the deceased's chest she was quite dead—he had neither shoes nor stockings on then—she was lying on the floor, flat on her hack—he said to me, "There is nobody can make you open your mouth; if you say anything we are sure to he transported;" or something of that kind—I have mentioned that before to-day—I have been waiting about here for this trial—I have been in the public houses opposite—I did not say there that I wished this man might be hung—I did not say so.
Q. I warn you to be extremely careful in answering my questions; upon the solemn oath you have taken to speak the truth, did you not say, over the way at a public house, that you wished this man should be hung? A. If you had been in the place, and saw what I saw, you would have thought to too.
COURT. Q. Then, did you say you hoped he would be hanged? A. Yes, I did, Sir.
MR. PARRY. Q. Then when you answered my question "No" just now, it was a falsehood was it? A. Certainly I did say so; I beg your pardon—I did say I wished he would be hung—I did not repeat it—two or three times I might say it; I do not know whether I said so on two or three different occasions; I only said it to the same party that was there—the remainder of the other persons that are coming in; I mean the witnesses.
Q. Did you not go out and point out the spot where you said he would be hung? A. That I could not do.
COURT. Q. Did you not point out any place as the place where he would be hanged? A. No; I never saw anything erected in my life where he could be hung—I did not say that.
MR. PARRY. Q. I am not asking you what you said; did not you go to a place near here, and tell some persons with whom you were that that would be the place where he would be hung? A. No; I was shown the place, but I did not say so myself—I was not asking for the place—I do not know how I came to be shown the place; I was not asking to be shown it.
Q. How came you then to be shown it? A. I thought if ever he came back again I might stand the same chance as his aunt; I did not wish him to come back again—I do not now wish him to be hanged, and if it was to do any good I would as soon be hung up as him.
COURT. Q. When did you change your mind about it? A. I never changed my mind at all, no more than that saying he deserved it.
MR. PARRY. Q. How came it that you were shown the place where he was to he hung? A. That I do not know—I cannot tell you anything about it, for I never saw a gallows erected, nor anybody on it, in my life—somebody showed me the place where they came out—I do not know how they came to do so—if you ask the other people that are here, maybe they can tell you better—I do not know how I came to be shown the place—if any one was to say look here, and show me, I should look—I cannot say who showed me the place—there were others there, and you can ask them who it was that said it.
COURT. Q. Were you all together in a party at the time? A. Yes; I was sitting by the fireplace, and never got up when they went to look, at the window—all the witnesses were sitting together in the room at the time.
MR. PARRY. Q. had gone to that place, had you not, for the purpose of looking at this window? A. No; I was taken there to sit among the people that were there, in the warm, as I was very ill.
Q. Did your late mistress ever beat you at all? A. Beat me, no; she has shoved me before now, if I did not do anything I had to do quick enough—she was a very clever woman in her work.
Q. Has she not repeatedly shoved you when you did not do what she wanted you to do? A. Well, I was more shoved by the other party, a great deal—she has repeatedly shoved me—she never beat me—she has sometimes turned me out of doors in the middle of the night, when we had a few words—she has said, "There is the door, go about your business"—she has pushed me—she has sometimes violently pushed me out of doors in the middle of the night; that is a long while back; not lately—I never drink anything but a drop of porter—my mistress had but a little drop of gin and water, that day—she only sent for 6d., worth, and that was there long enough, and she drank about a wine glass full with hot water to it—she was correct and sober, there are plenty of people can tell that—she had a little tumbler, and she might have had something in that—there was a little glass as well—she never drank it without water—she never drank rum or brandy, only gin.
SARAH NYE . I am a single woman—I lived with the deceased for one week, before this occurrence. On the night of 8th Oct. I supped with my mistress, at half past 11 o'clock—the prisoner came in just at 12—he told me to go to bed—I said I would not, till my mistress had told me—my mistress was sober enough at that time—she had been lying down on the sofa—she was quite sober—I went to bed by my mistress's orders, directly after the prisoner came in—I saw the prisoner again at about half past 12 that same night—he came to my bedroom door, and said, "Get up, get up Bet, d—n thee! come out in thy shirt, your mistress is dying! she is dead! we shall be transported! we shall all be hung!"—I went into the parlour, and saw my mistress on the bed—I saw a graze on her forehead, and I said, "Oh, oh! my mistress has had a blow"—the prisoner said, "D—n thee, Bet; hold thy tongue!"—the doctor was sent for—Mr. Westlake went for him—the prisoner went to Mr. Westlake—the doctor noticed the graze on the forehead, and said, "What is this on the forehead?"—the prisoner said, "She has fell off the sofa"—I said, "No, she has not;" and he said, "D—n thee, hold thy tongue, Bet!"
FRANCIS CLARK . I am a surgeon, and live at 14, Henrietta-street, Cavendish-square. Between 1 and 2 o'clock, on Sunday morning, 10th Oct., I was called by a man named Westlake to see the deceased—in consequence of what he said to me, I sent my son to No. 11, Shepherd-street, not being able to dress so quickly as usual from having had a fall and injured my wrists—I followed him—I had known Mrs. Brown, the deceased, half a year previously—I had been called to attend her in May last, for the first time, and I had subsequently been called—when I got to 11, No. Shepherd-street, I saw the deceased in the parlour, lying on the bed—observing some marks on her forehead, I took the old woman aside into the passage—I examined the forehead, and found the marks of a blow on each temple—the one on the left side was slight—that on the right side was more severe, and the skin was slightly abraided—I should say the deceased was between fifty and sixty years of age—when I observed the marks, the prisoner said she had fallen against the sofa—I am confident he said against the sofa—I made a post mortem examination on the Tuesday following—I found on the external part of the body various marks of bruises of long standing—a severe bruise on the left hip, extending on to the back, and the two marks before mentioned on the temples—the mark that extended to the back was apparently recent—the old bruises were in various parts, and she had on a plaster—I examined the head; on removing the skull-cap, and the dura mater; I found a coagulum
of effused venous blood on each side corresponding with the external bruise—there was effusion of liquid venous blood in the ventricles at the base of the brain, and all through, a general effusion—I saw quite sufficient to account for the death—the cause of death was effusion and extravasation from the rupture of a vessel from concussion of the brain—that was caused by external blows—there is no doubt that a violent blow on each side of the head would cause what I observed—it is impossible to say what time would elapse before a person would die after receiving such a blow—it might be longer or shorter—it does not follow that death would be immediate—it would mainly depend upon the size of the vessel so ruptured—I examined the chest and abdomen—all the vital organs were perfectly healthy throughout, unusually healthy—I examined the contents of the stomach, it contained about from half to three quarters of a pint of fluid, apparently of a natural kind, but there was no appearance of spirit or of any other deleterious substance having been drunk.
Cross-examined by MR. PARRY. Q. Do I understand you to say that you noticed that the vessels of the brain were spotted with blood? A. I describe a coagulum on each side internally, corresponding with the external wound—there was a general effusion of liquid blood in the base of the brain, and all throughout; the brain appeared to me to be in a remarkably healthy state, unusually so—there was nothing whatever to indicate that the brain was at all diseased; there was a vessel decidedly ruptured on each side, and probably in other portions—a person falling back upon the floor, and striking against a hard substance, might produce it, without any external mark—I attribute death to the general effusion—the effusion was not much greater at the base of the brain behind—there was a considerable coagulum on each side, corresponding with the external bruises, about the size of a 5s. piece at least in extent—I examined the lungs, they were perfectly healthy—there was air in them—I should fancy there would have been less air in them than I saw if any very great violence had been used to the chest—if there had been a great pressure on the lungs, there would have been a greater collapse than I saw.
MR. DEARSLEY. Q. Did you observe the back of the head? A. I did; I did not observe any sign of injury there whatever—if a person had fallen back on the head on the sofa with such violence as to cause concussion of the brain, I should certainly have expected to find some external mark.
MR. PARRY. Q. The effect of concussion of the brain is instantaneous insensibility, is it not? A. Decidedly not.
COURT. Q. That would be a question of degree? A. Yes; depending upon the quantity of effusion, and the size of the vessel ruptured; frequently the appearances do not show themselves for some days after concussion, when the vessel ruptured is very small—there may be concussion without the actual rupture of a vessel.
MR. PARRY. Q. Judging from the blow described, the coagulum you noticed within, and the rupture of the blood vessel, would not the concussion produced by such a blow he almost instantaneous? A. I should fancy that death would be very quick from such severe blows—but very frequently insensibility would not immediately follow even from such blows as that.
COURT. Q. If the woman was in the habit of living rather freely, or had been in the course of that day taking a certain amount of spirits and water, and porter at night, would that increase the tendency to receive injury from a blow? A. No doubt of it; so that a smaller amount of actual violence would occasion the mischief.
Bond-street. On the Saturday night, 9th Oct., about 12 o'clock, the prisoner came to me for the purpose of getting a doctor—I went for the doctor, and Mr. Clark attended.
Cross-examined by MY. PARRY. Q. You were examined, I believe, both before the Magistrate and the Coroner, were you not? A. Yes; when the prisoner came to me he appeared in a very agitated state, half mad—I had drank with the poor man at half past 12 o'clock on the Saturday night—he hallooed out to me, "Tom, Tom! Ann is a dying!" Mrs. Brown is a dying!" and knocked violently at my door—I have seen the deceased exhibit violence toward several of the servants—I have seen the prisoner with scratches on his face, and, I think, on one occasion with a black eye.
HENRY BARNES (police sergeant, C 4). About 2 o'clock on Sunday morning, 10th Oct., I went to the house of the deceased, in Shepherd-street—I saw the prisoner there, and said to him, "I understand Mrs. Brown is dead? "he said, "Yes, poor creature, she is"—I said. "Very sudden, was it not? "he said, "Yes"—I drew down the sheet of the bed, and there saw her dead body—I looked at the marks on the temples, and found there were two bruises, one on each side—I said to him here are some bruises here—he said, "Yes; I will tell you; she was sitting on the hearthrug, and she fell over, but while she was sitting on the hearthrug she said, "So help me G—d! I will never come into bed with you again alive"—I took two constables to the house, and said to the prisoner, "It is necessary that you should come to the station and make that same statement to the inspector"—he said, "Yes; I will go"—on the way to the station he put himself in different postures showing me how she was sitting, and how he lifted her up; that he assisted Mary in getting her into bed—he asked me whether that was not natural enough, and I said, "Yes"—he made a statement to the acting inspector at the station just similar to what he had told me.
GUILTY of Manslaughter. Aged 26.— Transported for Fifteen Years.
Before Mr. Recorder.
CLARK pleaded GUILTY . Aged 18.— Confined Four Months.
COCKSEDGE pleaded— GUILTY . Aged 19.— Confined Twelve Months.
MR. MEW conducted the Prosecution.
JOSEPH MARTIN . I am clerk to the Eastern Counties Railway Company. I went with the policeman to the prisoner's house, on 11th Oct.—I there found this tarpaulin—it belongs to the Eastern Counties Railway Company.
GEORGE HERITAGE . On the evening of Sunday, 10th Oct., between 6 and 7 o'clock, I was in North Woolwich-road, close to the Eastern Counties Railway—I saw the prisoner, and several parties in company with him—I saw the prisoner and another man put a tarpaulin into a cart, which turned out to he the tarpaulin belonging to the Eastern Counties Railway Company.
Cross-examined by MR. ROBINSON. Q. You saw him pick it up in the road? Yes.
COURT. Q. What time was it? A. Between 6 and 7 o'clock; the lamps were lighted—this was lying close by the fence—the railway runs along the side of the road—this was lying near the fence—it was folded up.
MR. MEW. Q. Did you see the cart come up? A. No; the cart stood there—I was passing by—the prisoner and some other parties went away in the cart.
COURT to JOSEPH MARTIN. Q. What day was it you went to his house? A. On the Monday, the 11th.
(The prisoner's statement before the Magistrate was read, as follows: "I am guilty of the crime; I am very sorry for it.")
THOMAS CARROLL (policeman, K 221.) I went to the prisoner's house, and found this, on Monday, the 11th, about 12 o'clock in the day—the prisoner was at work—Mr. Martin was with me—he gave charge of him—here is a mark on the tarpaulin, "No. 2460," and "Eastern Counties Railway," in full.
COURT to GEOREG HERITAGE. Q. How far from the railway station was this lying? A. 200 or 300 yards, close to some coke ovens that are built on the side of the line—when I first saw the cart it was standing still, and when I came to the place the prisoner was standing by it, and another man, and three or four inside the cart.
NOT GUILTY .
Before Mr. Recorder.
MR. PAYNE conducted the Prosecution.
WILLIAM MYATT . I am in partnership with my father, Joseph Myatt, and my brother; we carry on business as market gardeners, at Manor-farm, Deptford. On Monday evening, 27th Sept., we had occasion to send some goods to market in a wagon—the prisoner, Smith, had charge of it; he was our carman at that time—I saw the wagon after it was loaded; it was then in the yard; it was loaded with baskets to go to market—those were the proper things to go—I had some suspicions, and had some policemen secreted on the farm—the time for the wagon to start was about 12 o'clock at night—I was in my bedroom at that time—I looked out of my window and saw the horses brought out from towards the stable—I could not see the stable from where I was—two men brought them out, who I believe to have been the two prisoners—it was Smith's duty to bring the horses out—I saw a sack on the back of one of the horses; it was a full sack—when the shaft horse was put into the wagon the sack was taken off the horse's back, and put on the shafts of the wagon—the two men then drove it away—I then made a communication to the policemen that were on the premises—the constables afterwards came to me in the course of the same morning, and between 2 and 3 o'clock on the Tuesday afternoon I went to the Green Man toll house in the Kent-road, and there saw a sack; it was full; it contained four bushels of oats—I took a sample from home of my own oats, and looked at those in the sack, and they corresponded exactly—I believe they were some of our oats—there was no mark on the sack; we have scores like it—I had not given any authority to the prisoners to take any sack of oats from our premises—they usually take a bit of corn mixed with chaff for the horses; this was clear corn—there was a sack put on the shaft containing mixed corn for the horses—I
saw it on the Monday night before the wagon started; it was placed by the side of the wagon—that had nothing to do with the full sack that was put on the shafts.
Cross-examined by MR. METCALFE. Q. When did you see the bait? A. On Monday night about 10 o'clock; the wagon started about 12—the bait was in a sack—this corn was bought of Mr. Shew, a corn chandler—he supplies a great many persons—I believe I bought twenty quarters—I might, no doubt, hare, bought a great many more if I had liked.
SAMUEL LANE . I live in Francis-street, Deptford. I was in the prosecutor's employment on Monday, 27th Sept.—I know Boston—he came to me on that day, and was helping me load my wagon—I was not very well, and I asked him if he would go and fetch the horses back from market, and let me stop at home, as we had to go to plough next day—he said he would—I left him, and went home about 7 o'clock—if I had been well it would hare been my duty to have gone with Smith—Boston went in my stead.
COURT. Q. Was Boston in the habit of going with the wagons? A. Yes; Master Joseph used often to employ him in the market; he was not in the habit of regularly going up with the wagons—he has occasionally driven the wagons home from market—he was not employed to go with them to market; I only employed him then as I was not well—it was about 5 o'clock in the evening when I asked him to take my duty for me.
GEORGE CHAPMAN (policeman, R 208). On Monday night, 27th Sept, I was at Mr. Myatt's farm with Turner, another constable—I was concealed among some frames watching some onions—I remember the wagon going away from the yard that night; I think it was as near 12 o'clock as possible when it started; I saw it going—I was not near enough to see who the parties were that went with it—I followed it, and saw two persons with it; Smith was one, and I believe Boston to be the other—I had some communication with Mr. Myatt after the wagon had left the yard, in consequence of which I and my brother constable followed the wagon—I saw it in the Kent-road, stopping at the Crown and Anchor—I observed a sack on the shafts—I passed it, and touched it—it was full—the wagon afterwards went on—I followed it, and saw the sack several times between the Crown and Anchor and the Green Man toll gate—when I got just by the toll gate a policeman hallooed out that there was a full sack of corn on the ground—I immediately ran to the wagon and saw that the sack which I had seen there about two minutes before, was gone—the policeman that hallooed out was not Turner, but a policeman on duty on that beat—Turner and I were in plain clothes—there was another sack on the shafts about half fall, but the full one was gone—that was standing upright, this one was lying along the shafts—I had not seen the other sack there before; it was not there before, not on the shafts—the policeman on duty went up to Smith and asked him if he had lost a sack of corn—he said no, he had not; he had none—I then went back to Turner, and took the sack into the toll gate—the policeman on the beat had picked it up—I then followed the wagon on to town—I looked into the full sack, and found it contained oats—it was not mixed com, but all oats.
Cross-examined. Q. Was there another wagon near this? A. There was a market cart; I cannot say whether the cart or the wagon was nearest the sack when it was found on the ground; I think the wagon was the nearest—there was another van; that was behind—I think the wagon was in the middle of the two—I do not think there was any other conveyance—I cannot say whether the policeman who found the sack went first to the van and inquired of them—I did not see that if it was done—I did not do so—I ran to the wagon as soon as the sack was found.
EDWARD FISHER (policeman, A 465). I was on duty in the Old Kent-road, about 1 o'clock on the morning of 28th Sept.—I saw a van horse, about 100 yards on the Kent side of the Green Man toll gate, shy at something lying by the side of the road—I went up to see what it was, and found it was a sack full of something; it was lying at the near side of the road as you go towards the Green Man—it was in the gutter I should call it, but there is no kerb there—it was in such a position as it might be if it had fallen off a cart or wagon; for just about there the middle of the road was being mended with stones, and the carts drew off to the side of the road to avoid them—I saw a market cart and a market wagon in advance—the wagon went on through the toll gate—I saw that the wagon had drawn to the near side of the road to avoid the stones—I went after the wagon and saw Smith—I asked him whether he had dropped a sack of corn—he said no—to the best of my belief Boston was with him—the constables in plain clothes said something to me, and the sack was taken into the toll house—the cart was behind the wagon when I overtook it—the man who was with Smith was with him at the time I asked the question, he must have heard what I said—he was on the hind part of the wagon, and I was at the near side—he was sitting on a projection behind the wagon—he was not more than six yards from me, and I spoke load enough to be heard thirty yards off—he did not speak—I saw his features, and to the best of my belief it was Boston—he was npt asleep—he looked at me, and I looked at him—it was not very light.
JOSIAH TURNER . (policeman). I was with Chapman in plain clothes on the night of 27th Sept.—I saw the wagon come out of Mr. Myatt's, and two men with it—I afterwards went to Mr. Myatt, and in consequence of what he told us we followed the wagon—I passed it at the Crown and Anchor, and saw the sack lying on the shafts—Chapman touched it—we passed on, and waited till the wagon went on, and then followed it again to the Halfway House—they stopped there, and gave the horses some water—I saw the sack there then—both the prisoners were down when they watered the horses—we then followed the wagon till it came nearly to the Green Man gate—I heard Fisher the policeman say there was a sack of corn—I went back to him, and said, "Take care of that; I know something about it"—I then went back to the Crown—I did not go to the wagon after that—it went on, and I did not see it again till we got nearly into the market, and then the sack was not there—I took Smith into custody, and told him he was charged with stealing a sack of oats on Monday night, and dropping it on the road by the Green Man gate—he said he did not know anything about any corn; all that be brought out of the stable was his bait and some old clothes—I took him to the station—I afterwards took Boston into custody, on the 29th—I found him at the Nag's Head, Hart-street, near Covent garden—the witness Lane was with me, and he said to him, "You must go with me to Deptford"—he replied, "I do not know anything about it"—I asked him to come out of the public house, and then said, "You are charged with being in company with Smith, on Monday night, and stealing a sack of corn from Mr. Myatt's, and dropping it in the Kent-road, by the Green Man gate"—he said, "I do not know anything about any corn; all that we brought away was the bait and some old clothes to cover us up."
COURT. Q. Did you see the wagon go from Mr. Myatt's? A. Yes; I did not see the horses put to—I could not see that from where I was placed.
WILLIAM MYATT re-examined. I saw the horses brought out and put to—there were three horses—I do not think they were led out—the one that had the sack on its back was put in the shed, while the others were put in the
wagon—I cannot say who put it in the shed—the two men were with them—it was Smith's duty to bring them out—I cannot say whether he did bring them out—I cannot say who moved the sack from the horse's back to the shafts—the horse stood in the shed which was opposite to my window—I think the sack was taken off by one man—I cannot tell which.
THOMAS LAVELL . I was toll collector at the Green Man gate on Tuesday morning, 28th Sept.—I remember a sack of corn being brought into the toll house by the constable Turner—about 7 or 8 o'clock that same morning Turner came and untied the sack, and took out a sample—it contained oats—the witness Bill by relieved me at 9—I left the sack in his possession.
WILLIAM BILLBY . I relieved Lavell as toll collector at the Green Man gate at 9 o'clock on Tuesday morning, 28th Sept.—a sack of oats was left in my charge—it was fetched away by Mr. Myatt's man, I believe, and two policemen in coloured clothes—I cannot positively say whether Turner was one of them—I was minding my business outside—the boy that was there gave the sack up then—it was the same sack that had been left in my charge by Lavell.
COURT. Q. Did anybody examine the sack that was half full? A. No; that sack was with the wagon when it came into the market—I did not look to see what was in it.
COURT to GEORGE CHAPMAN. Q. You say you saw this full sack several times? A. Yes; I saw it two minutes before it was found—it was then lying on the shafts—I did not see the other sack.
NOT GUILTY .
1047. ANN SENIOR , stealing, on 30th Sept., 19 yards of printed cotton, value 8s. and, on 2nd Oct., 31 yards of printed cotton, value 15s.; the property of Joseph Tebbut: also, 2 pairs of boots, value 5s.; the property of William Nobbs and another: to which she pleaded
GUILTY .* Aged 52.— Confined Three Months.
Before Mr. Common Serjeant.
MESSRS. BODKIN and SCRIVEN conducted the Prosecution.
SARAH CLINKER . I keep a general shop in Griffin-street, Deptford. On 8th Oct., between 8 and 9 o'clock, the prisoner came and asked for a half-quartern loaf—he gave me a shilling—I thought it was good, gave him the change, and he went away—I put the shilling on a shelf by the window, apart from other money, and after the prisoner had gone I found it was bad—I am quite sure it was bad—I kept it a little time, and then burnt it—on 16th Oct. a woman came to the shop, called for something, and paid me with a bad shilling—I looked at it before giving her the change, and returned it to her—she went away—I watched her, and saw her join the prisoner at the bottom of the street—I followed them, and told the prisoner he had not been quite so fortunate as he had the week before—he said he did not know me or the shop—I am quite positive he is the same man.
WILLIAM FORD (policeman, P 225). I took the prisoner in custody on this evening, and I found on him these two half crowns, wrapped up in paper—while searching him at the station his waistcoat was taken off and put on the table, and after he put his waistcoat on again, I saw this shilling (produced) found where it had laid.
there he was searched by Ford, and two half crowns found on him—I saw his clothes put on the table—he afterwards put on his waistcoat, and I found a shilling on the table—there was no shilling there before—I gave it to Ford.
Prisoner. Q. How long did you find it after I put my things on? A. Immediately; when your jacket and waistcoat were taken up, nothing remained on the table but your handkerchief.
GUILTY .* Aged 22.— Confined Eighteen Months.
Before Mr. Recorder.
1049. THOMAS WARNER , stealing 3 flannel shirts, and other articles, value 1l. 19s.; the property of George Goddard: and 3 shirts, and other articles, value 2l. 11s.; the property of William Fudge, in a vessel on the Thames: to which he pleaded
GUILTY . Aged 25.— Confined Six Months.
GUILTY . Aged 13.— Judgment Respited.
GUILTY . Aged 29.— Transported for Seven Years.
Before Mr. Recorder.
MR. CLARKSON conducted the Prosecution.
GEORGE MITCHELL . I am a tailor, of 22, Broad-street, Lambeth. The prisoner lodged in the same house on 18th Sept.—on Saturday night, 18th Sept., between 8 and 9 o'clock, the prisoner went out, and his wife followed him out directly—soon after that he returned, went upstairs, and I heard him say, "The door is locked"—I believe he had some coals with him; I heard him putting them down on the landing—as he was returning downstairs the street door opened; I heard his wife's voice saying, "Dick, is that you?"—he said, "Yes"—she went upstairs—the staircase was dark—while she was unlocking the door, he said, "Why did not you leave the door unlocked?"—she said, in a joking or laughing manner, "What a pity!"—shortly after that they went out together—they were gone about three quarters of an hour, or an hour, which brought it to between 9 and 10—they then came in, went upstairs, and began quarrelling in their own room—I heard the woman call the man a b—y thief, and he said, "You are a b—y wh—"—after that I heard the woman come down, and go out alone—she was out till a few minutes after 12—she went up to her room on her return—in my opinion she was greatly intoxicated—I then heard bad words in their room, which is directly over mine, and then heard a very heavy fall in their room—it is my firm opinion that the prisoner was sober—I heard no screaming after the fall, but heard the man putting on his shoes a few minutes afterwards, and after that he came downstairs—I should say it was dark on the stairs—when he was at the bottom of the stairs, or nearly so, he said, "Halloo, who is this?"—no
one answered him—(my room is not on the ground floor; he was on the landing, by my room)—he said again, "Who is here?" or, "Who the devil is here?" or words to that effect—he went upstairs again, struck a light, came down again, and said, "Oh, it is you, is it?"—I was in bed—I had not heard anybody come downstairs but himself from the time the woman went up—the words "It is you" were not addressed to me, but to somebody on the stairs—he then called out to me, "Mitchell, are you awake?"—I did not answer him the first time, and he called out again, "Mitchell, are you awake?"—I said, "Yes; what is the matter?"—he said, "My old woman don't appear to have any strength in her limbs"—I said, "Nonsense," or something to that effect—I got out of bed, put my trowsers on, opened my door, and saw the prisoner supporting his wife, with her head over his right arm, and her feet towards my door—I said, "Let us get her upstairs"—I took the candle, and the woman's legs; he took the other part of the body—there is a turn in the staircase, about five or six stairs up; and while he was turning round with the upper portion of the body, I caught a sight of the face, and said, "Good God Almighty, the woman has got no breath in her body!"—I went down stairs, got a drop of cold water, and poured it into her mouth, but it would not go down her throat—from the time I heard the fall down to the time I came out to assist, if she had come down stairs herself, or had fallen downstairs, I should have heard it—I had not been asleep at all—if she had been carried downstairs when he came down, I could not distinguish it from his coming down—I afterwards found she was dead—she was the woman I call his wife.
Prisoner. I knocked at the man's door, and asked him to lend me a hand upstairs with my wife; I did not know she was there till I came down.
COURT. Q. You say you were not asleep? A. No; I went to bed about 11; I had been in bed nearly an hour—I did not answer the first time he spoke to me, because they have been in the habit of quarrelling, and I did not like to interfere—it is a small house—there are only three rooms on each floor—there is a landing on each floor—the landing opposite the prisoner's door is over the staircase, not over my bedroom—I should say a noise on the landing would not appear to sound over my room—I can decidedly say that the fall was in the room—I can say that, by having heard falls when they have been in liquor before, and from the sound of that I draw my calculations that the fall must have been in the room—I did not hear anything like a stumble when he said, "Halloo, what is here?" only a sort of a stop, like a man kicking against something—I am married—my wife was with me in bed—I believe we both agree as to where the noise of the fall was.
JURY. Q. Was the man in the habit of going out between 11 and 12 o'clock at night? A. He had been in the habit of going out very early in the morning to work; I cannot say that he has been in the habit of going out at 12 or 1 o'clock in the night, but I have heard him come downstairs in the night and in to the morning.
COURT. Q. It was very shortly after the fall that he came downstairs? A. Yes; it was after the fall that I heard him put his shoes on—I did not hear him get out of bed—they have no bedstead; the bed is on the floor—I am sure I heard the quarrelling immediately before I heard the fall.
MARGARET MITCHELL . I am the wife of the last witness. I knew Mrs. Perry—I saw her go up stairs on Saturday night, 18th September, at a few minutes past 12 o'clock, very much intoxicated—I was following her up the stairs, up to my own door—I heard her go into her own room—I am positive she went in; and then I heard quarrelling and very bad language
from both of them, but I did not take notice of it, because I am so used to it—I closed my door just as he called her a b—y w—e—I am positive she was not in bed, but I think he was by the voice—she said, "What did you call me?"—"A b—y w—e," said he, "and worse than a w—e for if I had picked up with a w—e in the street, she could only have taken my money, and left me in the street"—the retally was, "You are a b—y thief," she repeated that three times, and with that I heard her make a dart, as I supposed, from the fireplace towards the door—she used generally to sit by the fireplace; and with the words "b—y thief," came the heavy fall over our bedroom door—I have known her during the three years which they have lived there—I supposed it was Mr. Perry that fell, because I have heard him fall repeatedly when he was in liquor, and he falls very heavily—the fall sounded to me exactly over the door, in the room—I have not said, to my knowledge, that I thought the deceased was on the landing.
Q. "I heard a fall, and thought it was the prisoner; and I thought the deceased was on the landing," that is what you told the Magistrate? A. Never, to my knowledge—there was only one fall, and that was in the room—after the fall, I heard the woman say, "Oh, Dick, I can't," or, "shan't nurse you;" and from that minute there was a deadly shocking silence—I could not tell who it was that fell, but I thought, by the heaviness of the fall, that it was the man that fell, until I saw the body in the morning, and saw the bruised state of the body—after the fall I heard the prisoner put on his shoes, and come downstairs—when he got towards our door, he appeared to be fumbling or kicking against something, and said, "Who are you?"—I then heard him go upstairs, and heard him strike a match over the fireplace—he brought a light down with him, and complained to her about his being out all the week, and she spending his money—he appeared to be picking her up, and called to my husband, and said, "Mitchell!" but Mitchell did not answer him—he called again, "Mitchell, are you awake?" Mitchell said, "What is the matter, Dick?"—he said, "Will you get up, for I think my old woman has not got any use in her limbs"—I did not see her, for I was blindfolded; I had a poultice over my eyes; and I went upstairs naked as I was—when the deceased was tipsy, and had dropped off to sleep, she would tumble down, chair and all; we have often heard her tumble down, but not latterly, as she has been very hard at work lately—I cannot say how long it was between the time of the fall and my husband being called up, because the whole occurrence took place in a short time.
COURT. Q. Was your deposition read over to you before the Magistrate? A. Yes, I believe it was; I put my mark to it—(The deposition being read stated: "At that moment I thought the deceased was on the landing")—I do not recollect that I said that; I have no idea of it—whether she was on the landing or not, I am positive the fall was in the room; and I am positive she never came downstairs—I cannot say whose the words, "I cannot," or, "I shall not be your nurse," were, because it was in a stifled voice, a kind of half voice—they were the last words before the man came downstairs, but who it was came downstairs, I cannot say.
WILLIAM ATTLEE (policeman L 4). I went to the house, and found the deceased lying on the bed—she had a bruise over the left eye, a kind of cut, and a graze down her nose—Mr. Thompson, the surgeon, was there—the prisoner was not there at that time, be came in afterwards, and I asked him if he had had any words with his wife—he said he had—Mrs. Mitchell stood
on the landing, and said, "Tell the truth; if you do not, I shall"—he then said he was getting out of bed, his leg caught against something, and he fell, and because he would not have any more words with his wife, he was going out to work at his garden; and as he went down, he found his wife lying on the landing—on the way to the station, he said it was hard to work all the week, and his wife spend the money.
COURT. Q. Are you quite sure he said he went out to work because he would not have any more words with his wife? A. Yes; I mentioned that at the Court—I am quite sure of that, but it was not taken down—I did not point out that the deposition was incorrect.
SARAH DEACON . I am the wife of James Deacon, of 22, Broad-street, Lambeth; I lived in the same house with the prisoner and his wife—my room it on the ground floor—Mitchell's is over mine, and the prisoner's over Mitchell's. On this Saturday night, between 10 and 11 o'clock, I saw the deceased, and spoke to her—she had been drinking, but did not appear very drunk—she had got her basket, and was passing up to her own room as I stood at the street door—I did not see her again alive after that—I went to bed about 12 o'clock, and about half an hour after I heard a very heavy fall—I could not say where that fall was—I should think it was in the room, but I should not like to be positive—I think by the sound that it was in the room—I saw nothing more till I saw the deceased in her room.
SARAH ELIZABETH PHILLIPS . I live at Eagle and Child-court, Princes-street, Lambeth. At half past 9 o'clock on the 19th, I went and examined the body of the deceased—I washed her, and laid her out—I found a graze over the left eye, about an inch and a half long—one on the left side of the nose and one on the left jaw—there was a bruise under the right ear, and one at the collar bone, which seemed to join the one under the ear—there was also a bruise on her left shin and one on the instep, one between the shoulders, and one on the right side at the back.
WILLIAM MERTHWAITE THOMPSON . I am a surgeon. I was sent for to see the deceased on 19th Sept. between 1 and 2 o'clock in the morning—I went immediately—I saw the body lying on a bed on the floor—Attlee, the constable, was in the room—she was quite dead, and warm—I found the left side of her face considerably bruised; there were also two lacerated wounds, one on the left side of the nose, and one on the left side of the lower jaw, a bruise on the shin, and one on the elbow—on making a post-mortem examination, I discovered marks of extravasation of blood produced by some rupture of a vessel, or vessels, and that concussion of the brain had resulted from some violence, either a blow or a fall—the extravasation was over the left eyebrow, corresponding with the external bruise—I saw marks about the body which were the result of a blow, or fall, I could not say which—concussion of the brain was the cause of death—that would equally have followed if she had fallen downstairs herself, or if she had received a blow by which the fall was occasioned—I am quite unable to distinguish which it was.
COURT. Q. I suppose there was nothing tat you observed that might not have been the result of a drunken woman falling downstairs? A. Nothing; from my examination of the body, the state of the liver, and so on, I should say that she was a confirmed drunkard, an habitual drinker—I think it highly probable that she might have fallen in a state of intoxication—there were two lacerated wounds, but the bruise that produced the concussion was not a lacerated wound—the lacerated wounds were of a trivial character; they were all quite recent—there was one bruise on the arm that appeared of some standing.
The prisoner's statement before the Magistrate was read, as follows: "I have nothing to say, only that I found her on the landing—it seemed to me as if she had been sitting on the bottom stair, and had pitched forward—when I came down I stepped against something-I asked what it was, and got no answer—I got a light, and to my misfortune found it was my wife—tried to lift her up, and found she had no use in her limbs, and then I knocked at Mr. Mitchell's door for assistance.
Prisoner's Defence. What I stated before is all I have to say.
NOT GUILTY .
Before Russell Gurney, Esq.
1053. STEPHEN WINTER, MARY ANN JONES , and MARY REARDON , were indicted for a robbery on James William Mead, and stealing from his person, I watch, value 30s.; and part of a guard-chain, 3s.; his property.
JAMES WILLIAM MEAD . I am a labourer, of Peter-street, Southwark. Last Saturday night but one, I was drinking at the Grapes public house, in the Mint, with the prisoner Jones—I went there between 9 and 10 o'clock, and remained till the house was shutting up—Jones was there in company the whole time with Winter—I did not see Reardon there—I left the house and went as far as Gravel-lane—I went to a private house with Winter and the other prisoner—there was drinking going on—the prisoner asked me if I would have a glass of anything to drink—I said I did not mind; I took a glass of what I thought was gin—when I had taken it some time, I found myself getting stupified—I thought I had better leave and go home—I went out of the house towards home, Winter and Jones followed me out and joined my company—Reardon was in the house, but I do not know whether she came out or not—I did not see her again till she was taken—I looked at my watch ten minutes or a quarter of an hour after I came out, it was then a quarter past 1—I went towards home, and was talking to Winter and Jones;. I missed Winter, and in a minute, or a minute and a half, I received a blow on the side of the head which fetched me to the ground—I saw nobody but the prisoners, but did not see who gave me the blow—I felt a tug at my watch guard; I got up but fell again—I got up again and ran to a policeman—I did not see any one run away; I thought I heard them, but the stuff they gave me and the blow stunned me—this is my watch (produced).
Winter. Q. Did not I take and leave you at home with your wife and child three or four minutes before you were robbed? A. No; you did not leave me above a minute and a half before I was knocked down.
Reardon. Q. Did I drink with you? A. No.
GEORGE NORRISS . On this Sunday morning, about 2 o'clock, I was near Gravel-lane speaking to a constable, and heard a bit of a scuffle—I saw Winter and Jones there, Reardon passed by and went down a court—I saw nobody else except a lame old gentleman with a stick—I followed Reardon down the court, and brought her back—after I had brought her over 100 yards, in crossing the road I heard a watch drop—this is it.
Winter. Q. Did not you come after me, tap me on the shoulder, and say, "I want you?" A. Yes: the prosecutor had got Jones, and he told me to stop you and take you to him, and I did so—you came back with me to see what it was for.
Reardon. Q. Was not I outside my father's door? A. I found you outside in the street, but the quarrel was on the opposite side of the way.
and heard a scuffle and some people running—I saw Winter and Jones coming towards me—I stopped directly—I saw a female run across the road, and directly afterwards I saw the prosecutor.
Winter. Q. How far was I from the other prisoners when the man stopped me? A. Quite close together.
Reardon's Defence. I was having a quarrel; my father was half tipsy, and was going to strike me; I ran out and the policeman caught me, and said he wanted me; as we went along he kicked against a watch; he picked it up, and took me to the station.
WINTER— GUILTY . Aged 24.
JONES— GUILTY . Aged 19.
REARDON— GUILTY . Aged 17.
Confined Six Months.
Before Lord Chief Baron Pollock.
MESSRS. CLARKSON and GIFFARD conducted the Prosecution.
ANN WALSH . I am single, and live at 7, Thomas-street, Wyndham-road, Camberwell. About five weeks before I was before the Magistrate (I do not know the date), I was standing before the door of No. 1, Thomas-street, where Richard Dart, my brother-in-law, lives, when a dead animal came against my face—I stooped down to pick up a bit of mortar to heave at James Carver, and instead of hitting him it hit the prisoner, who was standing against Mrs. Good right's window just below No. 1—he came and hit me twice in the head, but I took no notice of that—his daughter came from Mrs. Frewin's, the chandler's shop, and called me names not fit for any gentlemen to hear in Court, and then went to the stall to get a mug of water—my mother heard me rowing, and came out to take my part—she caught hold of the prisoner's hand to save me from being knocked about, and he took and knocked her down—he hit her under the left breast twice—I did not take much notice what sort of blows they were—she fainted away, and Mary Ann Dartled her indoors—I went in doors with her; she was lying on the bed, and had fainted away—she complained of the prisoner hitting her in her left side—she was taken to the workhouse next day.
Cross-examined by MR. WOOLLETT. Q. Had you not often heard your mother complain of a pain in her side before that occasion? A. No, never; I never heard her complain of a fall on the bridge—she was accustomed to fits—this is not the first disturbance I have been in—they will not let me alone—I have got a good many enemies—I cannot rest in my own place since my mother's death—I was summoned for this very assault upon the prisoner—I was not fined for it; I had to pay a shilling—the Magistrate did not ask Mr. Garthwaite whether he wished to press the matter any further against me; I will swear that—I am in the habit of taking a drop sometimes, a good many drops when I can get the money, but it is very seldom I can get a meal's victuals to eat—I was not intoxicated when I went to see my mother at the workhouse; I swear that—Mary Frostick was not present at this disturbance, nor Emma Frewin, nor Caroline Crawley, nor Sarah Hudson—I went to the workhouse three or four times to see my mother—I was not asked by the medical man whether any blows had been struck.
MARY ANN DART . I live at 20, Regent-street, Camberwell. On 8th July I was in Thomas-court, Windmill-lane, Camberwell, and saw the prisoner standing by his door—I saw the skin of a rabbit, or some animal, come
in Ann Walsh's face—the prisoner came over and struck Ann Walsh several times in the face—she begged his pardon, but he would not take it from her—I saw Ann Walsh's mother come out—she came and took hold of Mr. Garthwaite's arm not to touch her daughter, and he turned round and hit her underneath the left breast and in the eye—she fell down, I took her indoors, and she was in a strong fit—she continued in that state for about five minutes, and then went into another fit—I attended to her, and gave her vinegar and water.
Cross-examined. Q. Have you not often heard the deceased complain of pain in her side? A. No, never; she often complained of pains in her head—she has had fits five or six times since I have known her before this occasion—I have not heard her say anything about a fall—I did not see Mary Frostick there; I cannot say whether she was there or not—I did not see Caroline Crawley there—there were a great many people there, a large crowd—I did not see the deceased try to strike the prisoner.
MARY ANN WALSH . I remember the day this row happened in Thomas-street—I saw the prisoner there and my mother—I saw him strike my mother once in the right eye, and three or four times under the left breast.
Cross-examined. Q. You and your sister were fighting? A. Yes; my mother was not fighting—I saw her try to scratch the prisoner, and to pull them away—I never heard my mother complain of something cutting her inside, or that she had a pain in her inside—she has said she had flattering in her inside before the fits came on—she was subject to fits when anything upset her—I went with her to the workhouse, also Selina King and Susan Page—the surgeon asked, in my presence, whether a blow had been struck—he did not ask me—I cannot swear that I told him a blow had been struck—I was not intoxicated when I went with my mother to the workhouse—I am not in the habit of drinking—I can take a glass of gin or a glass of ale, but I never make a beast of myself—I can take a glass pretty frequently; I have no objection to it, I do not dislike it.
Cross-examined. Q. Are you a friend of the last witness? A. No friend at all, only neighbours—I go out charing—I was standing at my mother's door, and saw all the row—I have seen a good many rows in the course of my time.
SELINA KING . I am single, and live at 17, Thomas-street. On 8th July I was standing at my door, and saw the skin of an animal strike Ann Walsh—I did not see her do anything—I next saw the prisoner go over and hit Ann Walsh several times on the head—the prisoner's daughter was coming along from the shop with some tea things in her lap; she abused Ann Walsh and went in and brought out a mug of water, which she threw over Ann Walsh and two of the witnesses—the prisoner pulled his daughter out by the arm to fight Ann Walsh, but she would not—he pulled her out again, and they did fight; while they were fighting the prisoner got Ann Walsh down on the ground, and got over her; and the mother of Ann Walsh hearing her daughter fighting came out to take her indoors—she took hold of the prisoner by his arm; he turned round and struck her violently several times, once on the eye, and several times under the left breast; she fell to the ground, and was led in by two of the witnesses, and had two fainting fits; we laid her on the floor till she recovered.
Cross-examined. Q. Did you know the deceased? A. Yes; I never
heard her complain of a pain in her inside—I am friendly with the other witnesses—I went before the Magistrate and the Coroner—I go out ironing—I live close by—I have not seen many rows like this—there was a large crowd there; I was outside the crowd—I have known the prisoner seven or eight years; he is a quiet, peaceable man, and of a kindly disposition.
MR. CLARKSON. Q. Did you see a blow struck on the woman's breast? A. Yes, before the crowd came, and Mrs. Walsh fell to the ground directly the blow was struck.
THOMAS KNOX KELLY . I am a surgeon. On 9th July, I think it was I was called to attend the deceased; I found her sitting up in a chair in the room, complaining of great pain in her side—I examined the place, and found it very much inflamed, and bruised—my impression was that she had received some direct injury—I asked her if she had received a kick or a blow, but she did not reply—I saw her afterwards, daily—she was removed to the House by the relieving officer, and was under his care when she died—I assisted Mr. King in making a post-mortem examination of her body on the day after her death, which was about five or six weeks after the injury—we found the lungs in a very unhealthy state, the right lung particularly was filled with purulent matter, the kidneys were diseased, the liver having that nutmeg appearance of persons addicted to drink, and also the kidneys—we examined internally, where I saw the external injury, and found an internal abscess of the pectoral muscle of the chest; but the ribs and the periastium were quite healthy—such an abscess as that might be the effect of external violence.
COURT. Q. Tell us whether you can trace any connection between the blow and the death of the woman? A. In a person so very unhealthy as she was, a blow might excite an abscess of that kind, or it might not; in an unhealthy person it very probably would—the abscess may have been excited by the blow—death was caused by the abscess, and not by the disorder of the viscera, certainly not—I cannot say whether the abscess arose from the blow, or from great derangement of health; but she had no abscess when I saw her on 9th July—it may have arisen from the blow; it was in the same place where I observed the blow.
Cross-examined. Q. You found her in a general state of disease? A. Yes; she was a very unhealthy woman—she gave me the appearance of a person of drunken habits—the abscess might have occurred independent of any blow; that is, looking at her general constitution—she died from the effects of the abscess, from the exhaustion—there was certainly no abscess when I saw her—there was chronic disease of the kidneys, they were not inflamed, and chronic disease of the lungs, but nothing of an active character—I cannot say the abscess was caused by the blow—while I was attending her she had no abscess—there was nothing to cause the abscess, except the violence.
THOMAS KERWIN KING . I am a surgeon, in the parish of Camberwell, and have had considerable experience in my profession. The deceased came under my charge on 13th July—she was suffering from a very extensive abscess on the left side, which was the result of acute inflammation—there was at that time no external appearance of any injury or bruise—I afterwards assisted at the post mortem examination of her body—there were marks of chronic disease in various parts of her body—if she had received two blows on the left breast on 8th July, that would account for the abscess I found on 13th—there was an external livid mark on 13th; there was a redness—the mark of a bruise would be very quickly absorbed; I think it might have been absorbed
in that time—the redness was not what I call inflammation—I attribute her death to the effect produced by the abscess, coupled with general weakness of constitution; the immediate cause was hectic fever, which arose from the abscess, and diarrhoea set in, and vomiting—I attribute the abscess to an injury of some kind inflicted, but an abscess may certainly come on spontaneously—there was no connection between the disease of the liver and the abscess—it is not unusual for a person to have an abscess; it happens very frequently—she would be no doubt less likely to recover from the abscess from being an unhealthy subject.
COURT. Q. Can you form a judgment whether the abscess was from the diseased state of her body, or from a blow? A. I cannot say more than this, that if I had not heard what I have heard to-day respecting the matter, I should be inclined to impute it to the general deranged state of health—it has occurred frequently for a person in that disordered state to have an abscess—if I had found her with the abscess, and had heard nothing about a blow, I should not have been at all surprised.
MR. CLARKSON. Q. Having heard of two blows on the person of an unhealthy subject, in your judgment, would it be more likely to be the result on an unhealthy subject than on a healthy one? A. Yes; I have not the least doubt whatever of it.
Cross-examined. Q. Did you attend the deceased up to the time of her death? A. Yes; she died on 27th Aug., about six weeks after the alleged injury—in my judgment, this abscess might have taken place in that diseased body, independent of any blow.
MR. CLARKSON. Q. An abscess might have been formed on a healthy subject, for which you could not account? A. Yes; but if I heard that the person had been beaten, I should no doubt attribute the abscess to that cause.
MR. WOOLLETT called
JOHN SMITHERS . I am superintendent of the workhouse, at Camberwell; the deceased was brought there a few days after this occurrence—she continued very ill six or seven weeks—a day or two before she died I had a conversation with her; she was aware of her danger—she said, "I will tell the truth; I fell down on the Canal-bridge, and hurt my side with the iron kerb"—there is an iron kerb on the Canal-bridge, eight or nine inches high—she said the fall happened five or six weeks before—she died next morning—it is my impression that she said it to exonerate the prisoner; I think that was what she intended to convey.
JURY. Q. Was the prisoner in custody at that time? A. Yes; and on the strength of what I told the Magistrate, he let hi out on bail immediately.
NOT GUILTY .
MESSRS. BODKIN and CLERK conducted the Prosecution.
MICHAEL DWYER (policeman, P 135). On 13th September last I was on duty at Camberwell station—about 7 o'clock in the evening, I was sent for to the house of Mr. Stevens, a victualler, who keeps the Bricklayers' Arms, Camberwell—when I got there, I saw the prisoner outside the house—there were about one hundred and fifty people collected about the house—my attention was drawn to a cut on the back part of the prisoner's head, and the clothes he had on seemed to be bathed in his blood—I spoke to him, and asked him to accompany me to a doctor, to have his wound dressed—he consented, and walked along with me about a dozen yards—when he had got
that distance, he stooped down and caught hold of me my the small of my legs, and threw me on my back—he then jumped on my chest and bowels three different times—he then threw himself down on my body, put his hand in between my neck and my stock, and would have choked me if it had not been for the clasp of my stock giving way—he then said, "You b—b—, I shall do for you now"—I struggled with him, and got on the top of him—I caught hold of his hands, and he made an effort to bite me—he tried to bite me more than once—I was not able to keep hold of him—I was obliged to let his hands go in consequence, and let him get up; and I got up on my legs—the prisoner was then about four yards from me—he had his hands clenched, and I thought he was coming towards me to strike me in the face or body with his hands—I prepared to defend myself from his blows, when he ran at me with his head—his head was lowered quite low, and he ran his head right in against my privates—he then caught hold of my legs, and pitched me on my back—I fell to the ground, three yards or more from him—when he got hold of me, he rose me right up, and I fell on my back three yards from the place where he stood—while I was upon my back he came towards me, and kicked me in the privates, and in the body; he said, at the same time, "You b—b—, I will do for you now"—I was lying on the ground for several moments before I was able to get up; the prisoner stood just over me while I was lying there—I got on my legs again, and the prisoner knocked me down again with his head, in the same manner as before, but he did not pitch me right away from him as he did before—he struck me again in the same part with his head; and while I was on the ground he kicked me on the right hip—I had a watch in my pocket, and the next kick he gave me (he meant to kick me in the privates, I have no doubt) broke the watch that was in my pocket—at the time he was kicking me he said, "You b—b—, I shall give you another downer, and you will never rise"—I got on my legs again after some moments—I then drew my truncheon—I heard some party in the crowd say, "Well done, Cannon, give it the b—"—the prisoner on that, strove to get my truncheon away from me several times—I was able to defend myself with my truncheon until other assistance came—another constable, named Thorn, soon afterwards came up the prisoner knocked Thorn down directly—Thorn managed to get on the top of him, and I also got on the top of him, thinking to keep him down, and he kicked me off, and kicked me in the body, and on the right shin—several other constables soon after came up to my assistance—it required six constables and three civilians to hold him, and convey him to the station house—directly I got to the station house I was taken to Mr. Flower, the surgeon of the division—I was confined to my bed for three weeks; I am still under his care; I am suffering pain now—none of the persons who were standing round the public house offered me the least assistance—I asked several of them to do so, but none of them would.
Prisoner. Q. When you first came up to me, was I not standing outside the Bricklayers' Arm, and did not you say to me, "Go on?" A. No.
Prisoner. That was before there was any blood at all; I turned round to go away, and you put your hand into your pocket, took your truncheon out and knocked me down, and there was then about four feet of blood went out of the back of my neck; you then went away, and came back to me about 10 minutes or a quarter of an hour afterwards, and said, "Will you come to the doctor's with me?" and I said, "certainly." Witness. I never struck him; I was not the cause of the wound he had on his head; I know nothing at all about it.
Prisoner. I never said I would do for him; I do not deny kicking him, and I certainly did throw him, I daresay three yards away from me once, but I never did no more to him, nor did I use any threatening words.
MR. BODKIN. Q. He has asked you about striking him before this; were you at the station house off duty, on what is called reserve? A. Yes; all the afternoon, till the acting inspector sent me with a man that came from the public house—I had been at the station house on reserve duty from 2 o'clock that afternoon—I had not been near the Bricklayers' Arms that day, before this.
COURT. Q. I want to know whether the effect of your answer is this, not only that you did not give him that wound, or interfere before, but that you were not on duty, so that you could not have done it; is that what I am to understand? A. Yes; I was not near the place at all.
JURY. Q. What time did this happen? A. At 7 o'clock in the evening; I had never left the station till I was sent for.
Prisoner. If you will call on the other policeman, you will find he will deny what the Counsel says about his being at the station house at 7 o'clock; in the depositions, where I was tried before, it states that he came after the row had been up for half an hour or three quarters of an hour. Witness. It was about 7 when I got to the Bricklayers' Arms, as near as I can possibly say.
CHARLES STEVENS . I keep the Bricklayers Arms, at Camberwell. On the evening in question, in consequence of a disturbance at my house, I had occasion to send to the police station for assistance—it was in the dusk of the evening—I cannot exactly say what time it was; it may have been a quarter or 20 minutes-past 6 o'clock—there was a very great crowd outside my house—when I first saw the prisoner he was standing by my door—I went and wished him to move on, and no sooner did I say that than he struck at me, but did not strike me—I was then very unwell, and under medical treatment, and I went indoors and sent for the police—I noticed that the prisoner had a wound on his head at that time, from which blood had been flowing.
JOHN COLLINS . I am a painter, living in Stafford-place, Camberwell. On the evening of 13th Sept. I was near the Bricklayers' Arms, Camberwell—I saw the prisoner there—I did not see Dwyer come up—I was there before he came up, and saw the prisoner in a very turbulent way; no one dare pass on the path—he was drunk—I saw a wound on his head, and blood about his person—I did not hear Dwyer say anything to the prisoner when he first came up—he wished him to allow him to take him to the doctor—the prisoner went with him about two or three yards, so that I thought he would have gone—he then turned round in a fighting attitude, and then stooping suddenly down; he caught Dwyer by the legs, and threw him, I may say, a couple of yards, or probably more, right on his back, and then immediately fell on him with his knees—I did not see him fall with his knees more than once, but I saw him at the same time up with his foot and kick Dwyer in his private parts—the crowd closed in round Dwyer and the prisoner, and many of them called out and taxed Dwyer with having struck the prisoner with his staff—I had enough to do to persuade the mob that he had never lifted his staff at all.
Prisoner. Q. When you first came up, do you think you were sober enough to hear and see what was done, when the boys were taking your cap off and making game of you, because you were drunk, and said it was you that ought to be locked up, and not me? A. For twenty years, it is well known among the inhabitants of Camberwell that I never have known what
excitement from drink is; I am no teetotaller, but I was never drunk—I was not drunk on this occasion—I solemnly swear I had not taken a drop of beer or anything that day.
Prisoner. He was quite drunk; he comes here to-day, because he is getting me out of 8s. a week.
JOSEPH THORN (policeman, P 136). I came up during the struggle between the prisoner and Dwyer, Dwyer looked very pale and ill—I took hold of Cannon's arm, and asked him to go away to a doctor, he struck me back with his arm—I then had a struggle with him—I did not see him inflict any injury on Dwyer—some other policemen came, and he was taken away; it took a good many of us to do so—I did not notice Collins there, I saw him afterwards at the station, he appeared perfectly sober—I knew Dwyer intimately, he was in perfect health at this period.
Prisoner. Q. You saw the first of this; did you see me kick the police-man? A. No; nor did I see the first of it—I did not see you fall down—I was there when Dwyer came; I saw you throw him off you as he was holding you to keep you down—you asked him to get off you, and told him if he did not get off you would throw him off, but he said he would not allow you to get up again—I saw you jump up directly and run first on one side of the road, and then on the other; you then ran at him—I do not know whether it was your head or your shoulder catched him by the privates; you threw him about three yards, and he fell on his back—I followed you right to the station house and went inside—I only saw you push Dwyer and Thorn against the fence to make way—I heard some one in the mob call out, "Kill the b—, give it him!"—I do not know who it was said that—when Dwyer came up first you were bleeding very much—I did not hear him ask you to go to the doctor's; he said, "My good man you must go from here, you are kicking up a great disturbance"—I did not see you fall down and receive your wound.
JOHN SWAN FLOWER . I am surgeon to the Camberwell division of police. On 13th Sept. I was sent for to the Camberwell station house to attend the prisoner, who had a wound on his head—about half an hour afterwards Dwyer was brought to my surgery by sergeant Hay, in a very faint exhausted condition—he complained of great difficulty of breathing, and great pain in the abdomen, and about the private parts—I examined him and found the right testicle very much enlarged, an extensive bruise on the inner side of the right thigh, and excessive tenderness on touching the abdomen; a large bruise on the outside of the right hip, and a smaller one on the right shin bone—he passed blood upwards, both my vomiting and spitting, and continues to do so up to the present time, more or less, which indicates serious injury internally—he has an irritable state of bladder, tenesmus; and is as if he wanted continually to go to motion, and when he goes nothing comes of it; this gives rise to great constitutional disturbance, and his life during the first ten days was in imminent danger—he is still under my care, and I do not think he will be fit for service again—I knew him before—his age is twenty-six or twenty-seven, and he was as fine healthy a young man as you would see in a day's march.
Prisoner's Defence. I did not know I was coming here; I was sent from Horsemonger-lane on the same case, and they passed a sentence of two years, and then they fetched me away, and try to try me here.
GUILTY . Aged 31.— Death recorded
Before Mr. Common Sergeant.
MESSRS. CLERK and POLAND conducted the Prosecution.
LEVINIA METHERELL . My husband is a hosier, at Lambeth. On 22nd Sept. the prisoner came to the shop for a pair of socks—they came to 6d.; she offered a shilling in payment—I had no change in the till, and gave the shilling to a boy named Campbell, to get change—a short time after the boy's father brought the shilling back; it was a bad one; but in the mean time I bad given the prisoner change, and she went away—I put the shilling into a drawer by itself, and afterwards gave it to Pearce—on 2nd Oct. the prisoner came again, and asked for a pair of common white stockings, which came to 10 1/2 d.—I was not in the shop at the time; my husband called me into the shop, and I knew the prisoner in a moment—I served her, and she gave me this bad shilling in payment—I told her she had been there on the Wednesday week before; she said I was mistaken in the person, it was not her—she offered me a good shilling, which I refused, and gave her into custody—I broke the second shilling in pieces, and gave them to the same constable.
HENRY ALEXANDER CAMPBELL . On 22nd Sept. I was outside Mrs. Metherell's shop; she gave me a shilling, and told me to get two sixpences for it; I took it to my father's shop, which is next door but one, and put it on his desk in the counting house, near the letter-box, and left it there—there was no one in the shop but my father.
CHARLES CAMPBELL . I live at Mount-row, Lambeth. The last witness is my son—on 22nd Sept. he came to me with a shilling—I was speaking to somebody at the door, and when I went in I found a shilling on the desk, near the letter-box; it was bad, and I took it back to Mrs. Metherell—there was no other shilling on the desk.
WILLIAM PEARCE (policeman, L 6). I received these two shillings (produced) from Mrs. Metherell—I took the prisoner into custody—at the station she begged of Mrs. Metherell to forgive her, on account of her family.
(The prisoner, in a written defence, stated that she was not aware that the second shilling was bad, and denied being the person who passed the first)
GUILTY. Aged 29.—Recommended to mercy by the Jury. — Confined Three Months.
MESSRS. CLERK and POLAND conducted the Prosecution.
FRANCIS BAUGH (policeman, V 345). On 14th Oct., about 2 o'clock in the afternoon, I saw the three prisoners on Putney-bridge—Jackson and Haysman left Barratt, and went up the town, in a direction of Wandsworth—about 3, I saw Barratt coming up the town in a direction from the Rose and Crown—he went to the corner of Wandsworth-lane, where he met Jackson—Mr. Freery came, and gave me information—Jackson went on, and I followed Barratt, and stopped him behind some boards at a shop that was being done up—I asked him if he had been to the Rose and Crown, pointing out the house; he said he had not—I said, "I don't believe you, you must go back with me"—I took him there, and Mr. Freery and Mrs. Styles identified him immediately—Mr. Freery gave me this shilling (produced)—Barratt offered very great resistance, and was very obstroporous.
SARAH JANE STYLES . I am the wife of John Styles, who keeps the Rose and Crown, Putney. On 14th Oct., about 3 o'clock, Barratt came there, and I served him with a pint of beer—he gave me a shilling—I took it up, told him it was bad, and gave it to my father, who marked it—Barratt left, and was afterwards brought back by the policeman.
JOHN FREERY . I am the last witness's father. On 14th Oct. Barratt came to the Rose and Crown, and Mrs. Styles gave me a shilling, saying it was bad—he was told it was bad, and left immediately, without having anything-I followed him, and pointed him out to Baugh, who brought him back, and I gave him in charge—I marked the shilling, and gave it to Baugh.
EDWARD LOWTHER MORGAN . I keep the Rose and Crown, at Wandsworth. On 14th Oct. a person, Haysman to the best of my belief, came for a pint of beer, and gave a bad shilling in payment—it was given to my wife, and she was cutting it in half when I came in—Haysman gave a sixpence, and I gave him back the shilling—he asked me to let him take it back to the parties who had given it him, to convince them it was bad—he left the shop, and I pointed him out to Mitchell—I am certain I pointed out the same person who had given the shilling.
HAYSMAN. Q. What time was it? A. Between 2 and 3 o'clock; you are the man, to the best of my belief; I cannot swear positively, but I swear I pointed out the same person who gave the shilling.
JAMES MITCHELL (policeman, V 326). On 14th Oct. I was on duty, in plain clothes, at Wandsworth—about 3 o'clock, Mr. Morgan pointed out Haysman to me—I followed him, and saw him join Jackson, and they then went towards Putney—about half an hour afterwards I was near the station-house at Wandsworth—Jackson was pointed out to me, and Baugh asked me if that was the man I had been speaking of—I said, "Yes," and another constable took him into custody—Barratt was then in custody—soon after that I saw Haysman in the crowd outside the station—I took him into custody, and told him I wanted him; that his partner was inside, and he was the man who had passed a bad shilling to Mr. Morgan—I asked him where it was, and he pointed to a box, which I took from his pocket, and in which I found a good one—I said, "This is not the one; it was cut in half"—he made no reply—I heard something rattle in his mouth, and said, "You have got it in your mouth"—he made a swallow, I looked, but could not find anything—Jackson denied all knowledge of Haysman.
Jackson. Q. How long after Haysman went into Mr. Morgan's did you see us together? A. About five minutes; you were going along the Upper Richmond-road, in the direction of Putney—that was about 3 o'clock.
Haysman. Q. Was it not tobacco I had in my mouth? A. No.
RICHARD EDWARDS (policeman, V 157). I assisted Baugh in taking Barratt into custody, at the corner of Wands worth-lane, Putney—I took him to the station; and while the charge was being taken, Jackson was described to me, and I took him into custody about 100 yards from the station—I found five bad shillings in his right hand trowsers pocket (produced)—I told him I wanted him, on suspicion of passing bad money, and being in company with those who had—he denied it, and having any in his possession.
Jackson. Q. Whereabouts did you ask me whether I had any in my possession? A. About one hundred yards from the station; no one else was with me.
Jackson's Defence. I picked them up on the road to Putney; I did not
know they were bad; I met Haysman, he asked me the road to Putney, and I directed him, that was all I had to do with him; I never saw Barratt at all.
Haysman's Defence. Mr. Morgan cannot swear I am the man who came.
BARRATT— GUILTY .* Aged 18.
JACKSON— GUILTY .* Aged 21.
Confined Eighteen Months.
HAYSMAN— GUILTY . Aged 21.— Confined Twelve Months.
MESSRS. SCRIVEN and CLARK conducted the Prosecution.
EDNA TRIMBY . I am the wife of John Trimby, who keeps the Duke's Head, Putney. On 14th Oct., between 2 and 3 o'clock, the prisoner Williams came to the bar and asked for half a quartern of brandy—I served her, and put it into a bottle which she had—she paid me with a half crown—she put it on the counter, and directly I took it into my hand I told her it was bad—the waiter then examined it, but I did not lose sight of it—I put it in the detector and found it was a bad one—I gave it her back—she gave me a good half crown, and took that one away with her.
LIONEL HODDER (policeman, V 52). On 14th Oct. I was on duty at Putney—there was a rowing match going on—about 3 o'clock I was at the Duke's Head, and saw Williams there—I heard Mrs. Trimby mention about the bad money, and in consequence I followed Williams—she went round the back of the house, seven, eight, or ten yards, and there joined Smith, who was apparently waiting for her—they bad some conversation together, and went towards Barnes Common—they went about twenty yards down a passage leading to the waterside—Williams then took a bottle out and each of them drank from it, and after that Williams was apparently holding something white in her band, and passed it to Smith—Smith returned it to Williams—Williams then stooped down, moved the earth with her hand, and appeared to plant something—they then moved the earth back and put their feet over it—they then turned towards Barnes Common, and I and Levy, who was with me, went immdiately to the spot, and I saw Levy take up half a crown which was covered with earth—we followed the prisoners some way—they both turned back again, passed the Duke's Head, and at the end of River-street they both stopped, and Smith appeared to pass something to Williams, who went into the Bells public house while Smith waited at the end of River-street—I was in plain clothes, and I followed Smith in, and stood by her side—she was served with a small quantity of gin, which was put into a bottle—she put a half crown on the counter, and as soon as Mr. Avis took it up I told him to look at it, but being very busy he dropped it into the till—I could see it from where I stood, called Mr. Avis's attention to it, and be took it from the till—it was the same he had put in—he marked it, and gave it to me—this is it (produced)—I took Williams into custody, and told her she was charged with passing bad money—she said she was very sorry for it—I asked her where her partner was—she said she had no partner.
Williams. Q. Why did not you stop Mr. Avis from putting it into the till? A. He was inside the bar; I called his attention to it immediately.
JOHN AVIS . I keep the Bells, at Putney. There was a rowing match on 14th Oct.—Williams came, I believe, for some brandy, and paid me with a half-crown, which I threw into the till—Hodder drew my attention to it, and I took out a bad one—I marked it—this is it.
Williams. Q. Did you notice that the half-crown fell in any particular place in the till? A. No; I took this one from among other money—there
are three divisions in the till—when Hodder told me to take the half-crown out of the till, I asked him what it was you had given me—the half-crown might have fallen in the half-crown division; I cannot call it to mind exactly, it was in the bustle of business.
COURT. Q. Did you take the one out Hodder told you to? A. He did not tell me which to take out; I took out the first that came.
THOMAS LEVY (policeman, V 142). I went with Hodder after the prisoners—I saw them go down a lane—Williams took a bottle out of a basket, and they both drank from it—they seemed to be exchanging something from one to the other, and after that I saw Williams stoop down, pull the ground away, and then put her foot on it—they then left the spot—we went down; I removed the ground, and found this half-crown (produced)—it was bent as it is now—I took Smith into custody at the bottom of River-street, and told her she was charged with uttering counterfeit coin—she said she knew nothing about it, and when she got to Williams they denied having seen each other.
EDWARD EDWARDS . I am waiter, at the Duke's Head. I saw the halfcrown that was offered to Mrs. Trimby—this one, produced by Levy, is the same—I speak to it by two marks on the edge, and the detector marks.
Smith put in a written defence, stating that she met Williams casually, and did not know her; they got into conversation, and that she went down the lane to have a little drink out of her bottle. (Smith received a good character.)
WILLIAMS— GUILTY .* Aged 24.— Confined Twelve Months.
SMITH— GUILTY . Aged 23.— Confined Six Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
THOMAS ALLEN . I live in Charlotte-street, Blackfriars-road, and deal in hardware. On 19th Oct., about 8 o'clock in the evening, a person came to my shop to buy a pair of spoons—while he was there the prisoner came and asked for a pennyworth of copper wire—I do not deal in that—he left the shop before the other person—he paid me with a crown-piece, which I afterwards found to be counterfeit, and placed it in a drawer in my desk by itself—the prisoner came again about 9, and asked for half a dozen teaspoons—they are 10d. a dozen.—he paid me with a bad crown-piece—I then went round the counter, said that he could not go out, and asked him whether he did not know that that was not the first which had been tendered to us that night—he said he did not—he pulled a paper out of his pocket, and said that was where he had been all that day—I sent for a policeman, and gave him into custody, and gave the policeman the two crowns.
WILLIAM PEARCE (policeman, L 146). I received charge of the prisoner on Tuesday night, for uttering a counterfeit crown—I asked him where he got it—he said he had been out with his barrow, and taken it in the course of trade—I received these counterfeit pieces from Mr. Allen.
Prisoner's Defence. I took the crown in the course of trade, and was not aware it was bad.
GUILTY . Aged 19.— Confined Twelve Months.
MESSRS. SCRIVEN and POLAND conducted the Prosecution.
ELIZABETH WILLIS . I live at my brother's, "The Colonnade," Russellsquare. On 1st Oct the prisoner came there for a glass of ale, which came to 1 1/2 d.—she gave me a shilling—I looked at it, told her it was counterfeit, and took it to my brother in the parlour—he broke it in two—the prisoner took one of the pieces and threw it away, and the policeman has the other piece.
JAMES SMITH . I am the brother of the last witness. On 1st Oct. the prisoner came for a glass of ale—my sister served her, and then brought a shilling to me—I looked at it, took it to the counter, told the prisoner it was a bad one, and broke it in two—I put the pieces on the counter, turned my head for something, and when I turned back again they were both gone—I asked the prisoner what she had done with the pieces—she said she had chucked one piece out in the street, and the other one I picked up in front of the counter, and gave it to the policeman—I gave the prisoner in charge.
Prisoner, Q. Did not you ask me if I had any more money to pay with, and say, if I had not, you would give me in charge? A. I said no such thing.
EDMUND EDWARDS (policeman, E 47). The prisoner was given into my custody on 1st Oct. by Mr. Smith, who also gave me this piece of a counterfeit shilling (produced)—the prisoner was taken before a Magistrate, and dismissed.
WILLIAM STANAWAY . I am assistant to Bevan and Matthews, haberdashers, in Westminster-road. On 13th Oct. the prisoner came and asked for a reel of cotton—I served her—it came to 3/4 d.—she paid with a counterfeit shilling—I bent it in the detector—I showed it to Mr. Matthews—he took it from me, and I heard him ask the prisoner if she bad any more of them—she said no—I gave her into custody.
GEORGE MATTHEWS . I saw the prisoner at our shop on 13th Oct. I received a shilling from Stanaway, which I gave to the policeman—I marked it—the prisoner gave her address, "15, New Cut"—my partner went there, and on his return told the prisoner the address was false—she did not say anything.
GUILTY . Aged 17.— Confined Six Months.
MESSRS. SCRIVEN and POLAND conducted the Prosecution.
EDWARD BUTLER . I am assistant to Mr. Christmas, surgeon, of the London-road. On Wednesday evening, 20th Oct, the prisoners came to our shop, and Chesterton asked for two Siedlitz powders—I mixed them, and they each drank one—Chesterton gave me a bad half crown—I told him it was bad—he said it was not, referred to the date, which was 1819, to prove it was good, and persisted it was good—I put it in the crack of the till and bent it double—I afterwards broke it in two pieces, and he then gave me good money—I had sent for a policeman, he came, and I gave him the two pieces—the prisoners were searched, and a bad shilling found on Chesterton—when I was going to bend the half crown, Chesterton wished me not to deface it, as he should not be able to pass it.
Butler gave me this half crown—I searched Chesterton, and found 3s. 6d. in silver and 7 1/2 d. in copper, good money, on him, and this bad shilling (produced), and 2s. 3 1/2 d. good money on Samuels—they had been drinking, but knew what they were about—I asked Chesterton where he got the money—he said he should not tell me—Chesterton gave his address, "35, Commercial-road, Lambeth," and Samuels "at Mr. Flint's lodging house, Shoreditch"—I made inquiry at those places, and heard nothing about them—in going to the station from Mr. Christmas's shop, we passed Mr. Pagent's door in the London-road.
JOHN SNOWSELL . I am in the employ of Mr. Pagent, confectioner, in the London-road. On Thursday morning, as I was opening the shop, I found a brown paper parcel at the corner of the door, outside—I opened it; it contained two half crowns, one crown, and nine shillings, all bad money—I gave them to my master—the door is in a court, but any one could put the parcel there from the street without going down the court.
JOSEPH PAGENT . I keep a confectioner's shop, in the London-road. On 21st Oct. Snowsell gave me a brown paper parcel, which contained a five shilling piece, two half crowns, and 9s., all bad—I gave them to Tompkins about 11 o'clock the same day.
GEORGE TOMPKINS (policeman, M 166). I received this brown paper parcel (produced) from Mr. Pagent—it contains the same coins now; it has not been out of my possession—I had assisted in taking the prisoners on the previous evening—we passed close by Mr. Pagent's door.
Chesterton's Defence. I had changed money at several public houses, and received this money in change; we were rather intoxicated, and had these powders to sober us; I know nothing of the parcel; if I had put it there the constables must have seen me, as there was one had hold of each of my bands and one was behind me.
Samuel's Defence. I met Chesterton in a public house; I said I was rather tipsy, and he took me to the doctor's shop to have something to sober me; he paid for it; there was no bad money found on me.
CHESTERTON— GUILTY . Aged 23.
SAMUELS— GUILTY . Aged 21.
Confined Six Months.
NOT GUILTY .
NOT GUILTY .
JULIA SMITH . I am an unfortunate female, and occupy the front parlour on the ground floor at 11, White Horse-street, Lambeth. On 22nd Oct., between 1 and 2 o'clock in the morning, I met a young man in the Waterloo-road, who went home with me and remained nearly an hour, but did not have connection with me—we quarrelled, and were talking for a long time,
and after that he tried to lock the door, and I said he should not—he did lock it, and then knocked me down, and tore my pocket from me—there was a half sovereign and ninepence-halfpenny in it; he took the contents out, and left the pocket on the table—I would not let him go to the door, and he flew to the window, undid the shutters, and the prisoner came in—the prisoner then knocked me against the table and the bed—my landlady then came down, and rattled at the door, but could not get in—the men then went out at the window, one after the other—the prisoner must have been close against the window, he came in directly the other man opened it—I swear the prisoner is the person who came in—I recognized him among several more.
CAROLINE RODGERS . I keep this house, 11, Whitecross-street. Smith occupies the front parlour—between 2 and 3 o'clock on this morning, I heard a noise and great bustle—I got up, went to the landing, and found it came from Smith's room—I went down, tried the door, and got no answer, but heard a noise as though the young woman was groaning; and there was a great bustle in the room—I tried to get in, but could not, as the door was locked—I tried several times, and said, if the door was not opened I would push it in—I heard more feet in the room—I heard the window open—I rushed to the street-door; the window and shutters were open, the prisoner was at the window, and another young man, two or three steps off—there was no one else in the street—the prisoner said he was waiting for a young man from No. 13—the other man ran away, and the prisoner followed him, in the direction of his own house—Smith had no dress on, her clothes were torn—she felt in her pocket, and said, "Good God! I have been robbed"—I know the prisoner by sight, he lives at No. 6.
Prisoner. Q. Did I not say if anything should happen, do not blame me for it? A. No; I had never spoken to you before—I never quarrelled with you, or threatened to transport you.
HENRY MORTON (policeman, L 63). On 22nd October, at a little after 10 o'clock, I went with Smith to the prisoner's house, which is 6, White Horse-street—there were several other men there—Smith recognised him at once, and picked him out from the other men.
Prisoner's Defence. I had a business transaction with Mrs. Rodgers's father six months ago; it was not to their satisfaction, and they called after me every time I came down the street; this is nothing more than animosity; I have lived in the street four or five months, and they have always said they would transport me if they could; they were aware where I lived, and yet did not fetch me till 10.
NOT GUILTY .
MR. PARRY conducted the Prosecution.
GUILTY of attempting, &c. Aged 38.— Confined Two Years.
Before Mr. Common Serjeant.
MESSRS. and ELLIS, JUN., conducted the Prosecution.
CHARLES ASTON TUESLY . I keep refreshment-rooms at 69, High-street, Borough. On the evening of 23rd Sept. Anson came and asked for a glass of porter—he gave a sixpence to pay for it—I placed it in the till—there was no other sixpence there—I gave him change, and he left the house—when
he left, I looked at the sixpence, and immediately discovered it was bad—I placed it on a shelf behind me—on the same evening, about 11 o'clock, Anson came again—I knew him when he came in—he called for a glass of porter, and offered in payment a counterfeit sixpence—I immediately saw it was counterfeit, and I took it in my hand and went out of the private door, in at the other door, and secured him—I saw Lucas outside, standing on the kerb, looking through the window—I then went after Lucas—he was not then on the kerb—he peeped through the doorway, and saw Anson and me; he then crossed to the opposite side of the way—I went and told him I wanted him—he said he had done nothing—a constable came up, and I gave both the prisoners into custody, with the two sixpences—Lucas was brought into my house, and searched, but I did not see anything found on him—I was attending to my business, but I saw three sixpences—I did not notice the date of the second that was uttered by Anson.
Anson. Q. What time did I come first? A. About 6 o'clock, or nearer seven; the gas was lighted—I put the sixpence first in the till, and then on the shelf—you came the second time about 11 as near as may be—I swear to you by your person—I knew you the moment you came in at the door—I did not see you with Lucas.
Lucas. Q. You came to me as I was coming from London-bridge; you did not see me with Anson? A. No; I can swear to you—I did not lose sight of you till you crossed from one side to the other.
MR. CLERK. Q. Are you sure that Lucas is the person who was looking in at the window when Anson passed the sixpence? A. Yes; I looked at him particularly when I passed him, because I suspected he was with the other.
GEORGE WATSON (policeman, M 135). I was called to the shop on the evening of 23rd Sept.—I took Lucas into custody outside the shop—I took him into the shop and found on him three counterfeit sixpences, and 4s. 2 1/2 d. in copper, all good—I took Anson into custody in the shop, and received these two counterfeit sixpences from the last witness—Anson said, he was not aware it was a bad sixpence, and if Mr. Tweedy would let it go till the next day, he would come and pay him for what refreshment he had had—the prisoners both lodge in the same house, in Falcon-court.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint; these two sixpences which were uttered are both bad, and from the same mould, of the date of 1846—the three found on Lucas are all bad, and two of them are from the same mould as the two uttered by Anson.
Anson's Defence. I uttered one sixpence only; I did not know it was bad; as to my being in the shop at 6 or 7 o'clock, I have witnesses to prove that I was at home having my tea.
Lucas's Defence. I was about selling herrings; I did not know whether what I took was bad or good.
ANSON— GUILTY . Aged 21.
LUCAS— GUILTY . Aged 16.
Confined Twelve Months.
Before Mr. Recorder.
MR. RIBTON conducted the Prosecution.
Giles-in-the-Fields, when the prisoner was married to my sister—I saw the marriage ceremony performed—my sister was alive last Wednesday—I saw her.
Prisoner. Q. How long afterwards did she live with me? A. I do not know—I did not come to the shop where you were at work, and say there was a young man come from the country that she was very much acquainted with—she had kept company with a young man, but she had not lived with him—I did not go with that young man up to my mother's place—I do not know whether she is living with that young man now.
COURT. Q. When did you see her? A. On Wednesday last, at 99, Norton-street—she gets her living by tailoring, but who she is living with I cannot say—she lives in the second floor—I was in her lodging—there was no one there when I was there—I saw no men's clothes—she has one child, which is, to the best of my knowledge, about six years old, I cannot say exactly—when I first saw it, it was about four months old—I saw it in my sister's arms when she called to see me at 26, Tower-street—I cannot say who she was living with then—I cannot say where she and the prisoner went to live after they were married—I was then living at 21, Lumber-court—I do not know how long my sister lived with the prisoner—I did not hear that they were parted till eight or nine weeks after the marriage—I did not know it at the time—I saw her child when it was four months old—it was born after they parted—it did not belong to the prisoner—I cannot answer what name my sister is going by—I have lost sight of her lately—I have not seen her but about once in twelve months—I cannot tell what name she was going by when I saw her on Wednesday last—I rang the bell at 99, Norton-street, and she came down and answered it.
JANE EDWARDS . I live at 18, Stacey-street, St. Giles's. On 5th December, 1847, I was married to the prisoner at Christ Church, Blackfriars-road—I was a widow at the time—the prisoner stated that he was a widower.
Prisoner. Q. Was I lodging at the house at the time? A. Yes; you were lodging with your father—you never lived with me till after we were married—you slept downstairs in the front room, for about a week before.
COURT. Q. Was that the first time you knew him? A. He had lodged in the house for some time, for more than a year—his father left before we were married—it was on that that the prisoner changed his room, a week before we married.
Prisoner. Q. Did I find the money for the marriage? A. You gave me the money to keep for you—I returned it to you on the morning of the marriage—you are the third husband I have had—your mother-in-law said nothing to me about it—your father said you were a widower.
COURT. Q. Are you the prosecutrix? A. Yes; it was on the 13th that I found out the rights of it, that his first wife was alive—he came home, and turned me out of doors, and then I was determined to find out the rights of it, because I wanted to protect my children—I had heard of his having a wife about four months before, but I could not find her—I had two children besides one which I had by the prisoner—I had not any money, nor any property except the lease of the houses; I was obliged to sell that, because he went on so extravagantly.
WILLIAM WRIGHT (policeman, F 96). I apprehended the prisoner—he said his first wife was dead—his first wife afterwards made her appearance at the station—the inspector asked the prisoner if that was his wife—he said, "Yes"—he said Jane Edwards was his wife, but said he was told the first woman was dead.
Prisoner. Q. Did not I come and ask you if you wanted me? A. Yes; your wife said she would charge you with bigamy—there was a young man with your wife; I do not know who it was—you asked him if he was going home to take your place—he said, "Yes;" he should take care of her till you came out—he said she wanted some one to protect her at that hour of the night.
Prisoner's Defence. When I was married to my first wife she used to get up and go to work; my father was a tailor; we lived very comfortably about three weeks; this young man that she kept company with, that she is living with now, came, and the witness came round to the shop, and asked if I would go round, as her sister and another person wished to see me; I went round, and saw her and her mother; her mother said, "Kate, it is no use your keeping company with this young man, you are married;" the next morning I got up to go to work; I said to my wife, "Are you going with me?" she said, "No;" I went home in the evening, and everything was gone; I went and asked her mother if she was coming home; she said, "No," she was going to get married to this Alexander Winden; she has been living with him, and I believe she has had three or four children; my second wife and I lived comfortably till Mrs. Jeffreys came and kept a chandler's shop; we bought things of her, and at last we were obliged to go on credit; I found that we could go to another place and buy things as cheap again; I told my wife we could not have things there, and she would go there, and this woman has made all this disturbance; as to knowing whether my first wife was living, I did not; I asked her brothers some time ago, when they were in mourning, whether she was living; they told me she was dead; two of them are transported.
COURT to JANE BARNETT. Q. Your sister kept company with another young man? A. Yes, with Alexander Winden.
GUILTY . Aged 31.— Confined Twelve Months.
GUILTY . Aged 47.— Confined Twelve Months.
GUILTY . Aged 17.— Confined Six Months.
ROBERT HENRY ROBSON . I live in Somersetshire, but I am visiting at Hamilton-terrace, St. John's-wood. On 26th Oct., about 2 o'clock in the morning, I was in Waterloo-road, coming from Waterloo-bridge to Westminster bridge-road—the prisoner and another female met me, stopped me, and asked where I was going—I said nothing, but walked on—the prisoner said, "Do come and see me"—she was standing before me, and would not allow me to pass—I suppose I walked two or three yards, not more, when a man came behind and pushed me somewhere about the shoulders (I had seen two men just before)—the prisoner at the same time caught hold of me, and another woman came up—the prisoner was endeavouring to unbutton my great coat—the other woman pulled open my coat, and the prisoner put her hand into my waistcoat pocket and took my watch—I am quite sure it was
the prisoner—after I discovered my loss, I said, "You good-for-nothing woman, give me my watch"—I put down my right hand, and felt my watch in her hand—she was endeavouring to pass it to the other woman—I felt the prisoner put her hand in my pocket; I was able to see whose hand it was.
Q. Then why did you say that you knew she put her hand in your pocket because you felt it; did you tell the Magistrate that it was her that put her hand in your pocket? A. Yes; I did not tell him it was one of them, and not tell him which I felt it in—I am prepared to say that I saw her put her hand in my pocket, and what is more, I told the officer so—the prisoner had her hand under my great coat, the other woman stepped back—I saw the prisoner in that position, that I believe it washer band that was in my pocket—I consider that the other woman was very much intoxicated, she only pulled my coat open—the prisoner first tried to unbutton my great coat—the other woman came and pulled my coat open—the prisoner let go from below from the button as I kept my hand at the button, and she put her hand in my pocket and took my watch—the other woman was standing by—I caught hold of the prisoner, and would not let her go—I caught the other woman also, but she escaped, and left her shawl behind—I had great difficulty in holding both—the policeman came up immediately—the two men I passed a very few yards before I came to these women, and one came and pushed against me on the right—when the policeman came, these two men came back a little way—they did not come close to us, but a short distance off, to see what was going on—I was sober—I had been out to supper, but I had drank very little—the man pushed me on my right shoulder just before the women came to me.
Q. But you said before, "Two men came up at the time, as soon as I called "Police!" and pushed against me"—is that true? A. No; they did not; that is the clerk's error—they did nothing, they stood at a little distance—the other woman came back—I did not see anything pass from one to the other, but the policeman said, "That is the woman who has your watch," and he pointed to the other woman—he said this woman had passed it—he said that in the prisoner's presence—the prisoner did not say anything at the time—I was very much excited—I could not have held the two women so long as I did if I had not been excited—I felt the watch in the prisoner's hand—the moment after she took the watch, I endeavoured to seize it in her hand—she had not had time to pass it then; but the other woman came up afterwards, and she passed it, but I did not see it.
Prisoner. Q. Are you sure that you felt my hand in your pocket? A. Yes; I am perfectly certain it was your hand—you took the watch out of my pocket—I felt it in your hand.
COURT. Q. Then how came you to say before the Magistrate, "It was in the hand of one of them, but I can't say which?" A. The hands were together—she was trying to pass the watch—this deposition was read over to me—I only know that this woman took the watch from my pocket—I felt it in her hand—I have no recollection of swearing that I did not know in whose hand I felt the watch—I cannot account for it—I feel confident that this woman took it—I had supped in Fore-street—I cannot say what time I went to supper; it was late—I was not in liquor all the evening—I suppose it was between 10 and 11 o'clock when we supped—after that we had a friendly game at cards—there was drinking going on during the time—during the whole evening I drank two glasses and a half or three glasses of very weak gin and water; I never drink it strong—I was then going to Westminster Bridge-road—I knew it was too late to have an omnibus, and I did
not feel disposed to pay for a cab—I had made up my mind to go to a coffee house in Westminster Bridge-road to sleep, and I slept there that night, at Campbell's coffee house; a very clean place, and not expensive—many respectable persons sleep there.
JOSEPH COSTER (policeman, L 106). I was on duty in Waterloo-road, at 2 o'clock that morning—I heard a cry of "Police!"—I went up directly, and found the prosecutor standing by himself, and the prisoner by herself—the prosecutor had not got hold of her—one was standing by the houses, and the other by the side of the pavement—the prosecutor said, "I give this person in custody for robbing me of my watch"—the prisoner said nothing only that she heard the cry of "Police!" and came up—I took her into custody, and as I took her the one that is now at large came up—the prisoner put her hand out, and they grasped each other's hands—the woman that has escaped then ran away—I took the prisoner to the station—I could not prevent their hands grasping—I had the prisoner by the left arm, and she turned and put her right hand out to the other woman—the other woman ran away—I kept the prisoner.
Q. Did you not tell the Magistrate, "I heard a cry of 'Police!' I went up, and saw the prosecutor holding a woman?" A. Yes, that was the woman that has escaped—I had seen him holding a woman before I got up to them—that woman ran away—on her running away, her shawl dropped from her; she went away without it—I went up, and found the prisoner and the prosecutor standing—two men stood about twenty yards' distance when I first went up; but on my taking the prisoner forward, they came up to me, and said, "What is the matter?"—the woman that escaped came up with them when they came to ask what was the matter—the men came about the same time that the woman came and grasped the prisoner's hand—I believe the prosecutor had been drinking—he appeared to be in liquor, but appeared quite conscious of what he was doing.
Prisoner. The woman ran away? Witness. The woman came up, together with the men, I am positive—they all three came up at one time, within about a yard of each other—I did not see the watch at all—I am quite sure that the woman who ran away in the first instance was the same who came up with the men—the shawl dropped from the woman six or seven yards from where I was—while I was taking the prisoner away, one of the men came and picked it up—it was impossible for me to make an effort to take the other woman—I must have let the prisoner go, to take the other—I did not call for assistance.
Prisoner's Defence. I heard a cry of "Police!" I went up to see what was the matter; the prosecutor had hold of a woman; when he saw the policeman, he let her go, and came to me.
NOT GUILTY .
ADJOURNED TO MONDAY, THE 22ND OF NOVEMBER.
The following Prisoners upon whom the Judgment of the Court was respited at the time of Trial, have been sentenced as under:
Vol. xxxv Page Sentence