CENTRAL CRIMINAL COURT.
CHALLIS, MAYOR. SECOND 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, December 13th, 1852.
PRESENT—The Rt. Hon. the LORD MAYOR; Sir JAMES DUKE, Bart., Ald.; Mr. RECORDER; Mr. Ald. MOON; Sir ROBERT WALTER CARDEN, Knt., Ald.; and Mr. Ald. WIRE.
Before Mr. Recorder and the First Jury.
NOT GUILTY .
NEW COURT.—Monday, December 13th, 1852.
PRESENT—Mr. Ald. HUNTER.; Mr. Ald. MOON; Sir ROBERT WALTER CARDEN, Knt., Ald.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fifth Jury.
MR. WOOLLETT conducted the Prosecution.
WILLIAM WINDER . I am an hotel keeper, in the Haymarket; I know the prisoner; he brought me a bill of exchange about the 23rd Oct., and asked me to discount it—I told him I did not do such things, bat I took it into my possession, he owing me an account, and told him if I could pay it away I would give him the difference—he had, at various times, 11l. 10s., which made the difference—I gave him the balance of 3l. about the 25th; I then told him it was rather irregular, because it was not made payable at a banker's—he said, "Very well, I will make it payable at my mother's banker's," and he did so, at Neville, Reed, and Co.'s—I was applied to by the police sergeant for the bill about the 16th Nov.; this is the bill (produced).
Cross-examined by MR. ROBINSON. Q. You keep the Blue Posts? A. Yes, the prisoner has been at my house several times—he has dined
there—I have dined with him about twice at my own house—I never went out with him more than once or twice—I think I saw him at a match at Putney, but I was not with him—I will not be positive whether on the day this bill was given he and some friends dined at my house—it was about that time—the bill was given me about 3 o'clock in the afternoon—these parties usually dined about half past 6 o'clock—I swear this bill was not given me after that—I did not ask him for the price of the dinner—I never asked him for his account till the time he gave me the bill—he said that Neville, Reed, and Co. were his mother's bankers—he rode to my door on 12th Nov., and I told him the acceptance would come due in a few days—he said, "I wish you would write to my mother; she is not in the habit of accepting bills; she knows nothing about it."
MARY ANN HOLMES . The prisoner is my son. The signature to this bill is not mine—my son had no authority to accept bills in my name—he once drew a bill upon me, in the West Indies—he has not had authority to accept a bill on my behalf since then—that is two years ago; he then accepted the bill in my name, and I paid it.
Cross-examine. Q. You did not give him any specific authority to accept this bill? A. No; he has recently come from sea; he has been in the East India Company's service; he came home chief mate of a vessel.
----SLEIGH (police sergeant, 7 T). I applied to the prosecutor for this bill—(the bill being read was dated 18th Oct., 1852, for 20l. Accepted Mary Ann Holmes)
GUILTY of uttering.
GUILTY . Aged 22.— Transported for Ten Years.
GUILTY . Aged 30.— Confined Nine Months.
(The prisoner received a good character.)
GUILTY . Aged 21.— Transported for Seven Years
GUILTY . Aged 19.— Transported for Seven Years.
HAWKINS pleaded GUILTY . Aged 22.— Confined Twelve Months.
HENRIETTA BRUCK . I am the wife of Louis Henry Bruck. On 25th Nov. I was in Bishopsgate-street, between 3 and 4 o'clock in the afternoon—I had a purse in my pocket, containing 1l. 8s. 4d.—there was a sovereign, and half a crown, and a shilling, and two small keys, and two little memorandums—I know my purse was safe five minutes before—I saw the prisoner M'Carthy take my purse—I saw it go out of my pocket, and he put it into his pocket—he was next to me, and Hawkins was behind him—M'Carthy went and spoke to Hawkins, and he handed him something, and then Hawkins walked off—the policeman came, and said, "What is the
matter?"—I said M'Carthy had taken my purse—he said, "You keep him," and he ran after Hawkins, and took him, and brought him back—he then took M'Carthy.
M'Carthy. Q. Did you not put your hand into my pocket, and then say you was very sorry you accused me? A. I said I was very sorry to have to accuse you of it.
HENRY FERRETT (City-police, constable, 624). I came up to this lady, and she said she was robbed—she pointed to M'Carthy as one, and said the other was gone that way—I went after Hawkins, and took him—I found this purse in his pocket.
MRS. BRUCK re-examined. This is my purse.
M'Carthy's Defence. She said, "You have got my purse;" I said, "No;" she put her hand into my pocket, and said she was very sorry she had accused me; the policeman came up, and said, "What is the matter?" she pointed the other prisoner out, and the policeman said to a gentleman, "Hold this one?" and he went and took the other prisoner and brought him back, and then he took me.
M'CARTHY— GUILTY .** Aged 17.— Transported for Seven Years.
GUILTY . Aged 16.— Transported for Seven Years.
MR. LILLEY conducted the Prosecution.
WILLIAM GLENISTER (police sergeant, D 3). On the morning of 26th Nov., about a quarter before 4 o'clock, I was in Bays water-road, in plain clothes, in company with Hawtrey—I saw the three prisoners coming this way from Bayswater—I got the assistance of another officer, and stopped the prisoners—I took Clark, I asked him where he had been to; he said, "No-where"—I told him I was a police officer, and I should take him into custody—I saw him throw from his coat pocket this packet of knives and forks—they were picked up by Williams, in my presence—when I said I should take Clark and the other to the station, they resisted violently; especially Clark—I took him to the station, and found in his pockets a silver bodkin case, a piece of cheese, and a jemmy, and I took from him a pair of trowsers that he had on over his own—I found on him one knife, the property of the prosecutor, and three others—as I was taking him to the station he said he was nailed to rights, and he would go quietly.
Cross-examined by MR. M. PRENDERGAST. Q. Did Clark offer resistance after you said you were a constable? A. Yes, he did, and tried to get away—the other officer was in plain clothes—I was in Bayswater-road, near the Crown, at the commencement of Kensington-gardens—I saw Clark throw down some knives—they were wrapped in a piece of brown paper—he was carrying them in his pocket behind—this is the paper—I and Hawtrey were alone, and I got the assistance of Dunliff and Williams—they came two or three minutes afterwards, they joined us in St. George's-terrace—Williams was behind, he came up when I sprung my rattle—Clark threw this parcel away almost directly I stopped him, and he began to struggle—no doubt the other officer saw this parcel thrown away—I saw Williams take it up, he assisted us in taking the prisoners—Dunliff took the prisoner Jones—Clark
was in front—he was not more than two yards from the other men—I have found such a thing as this on housebreakers—I never saw carpenters have such a tool—I know some locksmiths, but I do not know the trade—when Clark said he was nailed to rights it was in Connaught-square, on the road to the station.
Jones. Q. Did I resist you? A. Yes, you did; but you resisted less than the others.
COURT. Q. When you first saw the prisoners they were together? A. Yes.
MR. LILLEY. Q. How often have you seen such a thing as this jemmy? A. Once.
WILLIAM HAWTREY (policeman, A 373). On 26th Nov., at a quarter before 4 o'clock in the morning, I was with the last witness—I was in plain clothes—I saw the prisoners before they were taken—some persons came to our assistance—I took the prisoner Jones—when I took him he gave me a portion of the property he had on him—after some resistance, he said he would go quietly—he gave me two table cloths; he took one from the front of him and one from behind him, under his coat—when we reached the station I searched him, and found on him six tea spoons, three egg spoons, and two table spoons, a pair of sugar tongs, and a thimble, all silver—they were in the breast pocket of his coat—he said they had found them at the bottom of Notting-hill.
Jones. Did not I give you the spoons in a doorway?—and after I got to the station I gave you the thimble out of my pocket. Witness. He attempted to put his hand in his pocket—I took it.
Cross-examined by MR. M. PRENDERGAST. Q. You were in plain clothes? A. Yes; when we met the prisoners they were near the Swan in the Bays-water-road—I know Kensington-garden gates—I was in company with Glenister—Williams joined us after we first took the prisoners in custody, which was on St. George's-terrace—I should think 300 yards from Stanhope-street—I should think it took me under ten minutes to go to Connanght-square—I know where the Crown is, it is nearer London than the Swan—I had a dark coat on, and a black hat—Glenister had a hat and a dark coat—I saw Clark taken in custody—he made resistance—Williams came up just at the moment.
MR. LILLEY. Q. What did you take from Jones in the station? A. A thimble and two small spoons—the others I took from him before.
ROBERT DUNCLIFF (policeman, D 133). I was in company with the two last witnesses on the morning of 26th Nov.—I apprehended the prisoner Barrett—I asked him what he had in his bosom—he said, "Nothing"—I placed my hand on his right breast, and drew this life preserver out of his bosom—it is what they term a gutta percha life preserver—he resisted, and we went off the pavement into the road—but I kept hold of him—other assistance having arrived, he said he would go quietly—as we were going along the Edgware-road, I saw these knives and forks standing out of his pocket—I told him to take them out—he took them out, and gave them to me—at the station he drew these two flannel jackets from under his clothes—I found these six buttons in his waistcoat pocket—on the way to the station he said he found the knives in a doorway—I saw Clark in custody, and he resisted.
Cross-examined by MR. SLEIGH. Q. Did you find these buttons in the piper as they are now? A. Yes.
Cross-examined by MR. M. PRENDERGAST. Q. Where were you? A. In
the enclosure in Hyde-park-gardens—I do not know how far that is from the middle gate of Kensington-gardens—I know the Crown—it is perhaps thirty yards from the Swan—there is a small gate opposite the Swan, and another opposite the Crown—there is a gate called the Victoria-gate—the Crown is about 150 yards from Porchester-terrace.
WILLIAM WILLIAMS (policeman, D 141). On 26th Nov., about a quarter before 4 o'clock, I was in Bays water-road—I heard a rattle—in consequence of that I ran in the direction of the rattle, and found the three prisoners in custody of the last three constables—I saw these six knives and forks lyin down amongst the prisoners—Barrett was in custody of the last witness—he was struggling to get away—I assisted to take him and the others to the station—this is the paper; it was some distance from the knives and forks—it was lying on the ground.
Cross-examined by MR. M. PRENDERGAST. Q. Where did you find them? A. In Bayswater-road, near St. George's-terrace—the Crown is 300 or 400 yards from St. George's-terrace, and about sixty yards from the Swan.
DODDS VICKER . I keep the Cross Keys, in St. Peter's-place, Hammersmith. On the Thursday night, 25th Nov., I was the last person up in my house; I went to bed at 11 o'clock—I went round the house, and looked at the fastenings, after I turned the gas off—the doors and windows were fastened—about 3 o'clock in the morning I was knocked up, and on going down I found the wash-house door forced open, and the kitchen door, leading from the wash-house; the post was cut away, and the chain and plate wrenched off—the bolt of the washhouse door was bent back—I am quite certain those doors were fast when I went to bed—I found the closet doors and the drawers in the kitchen were open, and a quantity of papers and other things about the floor—the floor was all in confusion—my wife's work box and other things had been taken out of the closet, and thrown down on the floor—I missed silver spoons, knives and forks, and various other things—these knives and forks which were in the paper thrown away by Clark are mine—I can only identify them by the name on them; they are the same as we have some of at home—these tongs and spoons found on Jones are mine—those with the mark on I can swear to—the others I believe are mine—this piece of cheese I believe is mine—I believe this pair of trowsers are my son's—I lost a pair similar to these—they were on the table in the kitchen—I believe these knives and forks found on Barrett to be mine—there is no mark on them—these flannel waistcoats I believe to be mine, because of this small piece hanging to it—this jemmy is not mine, nor this life preserver—these articles which I say are mine, and which I believe to be mine, were in the kitchen the night before, when I went to bed—the knives and forks were in the drawer—the spoons were in the closet—I suppose the value of the property altogether is about 5l.—I had seen the prisoner Barrett at my house before the robbery; he went by the name of Twopenny; he was in the West Middlesex Militia; he was quartered there for twenty-one days—his conduct was good.
Cross-examined by MR. M. PRENDERGAST. Q. These knives and forks in the brown paper you only know by the maker's name? A. We have some similar at home—I sometimes open the kitchen drawers—these knives and forks were put away some days before, by my wife—I did not put away the things in my wife's work box, but I saw my wife sit at work—here is the name on this bodkin case—I saw these trowsers of my son's lie on the table; my son is not here.
Cross-examined by MR. SLEIGH. Q. You say these flannel shirts are
yours? A. Yes, my wife was making them the same evening—here is a little piece torn—there is nothing else about them to enable me to pledge my oath that they are mine—I believe them to be mine—I can only go by that mark—I have no means to enable me to swear to these knives and forks found on Barrett—I think they are mine.
MR. LILLEY. Q. Do you believe you have used these two knives? A. I believe I have used them frequently—I only use them occasionally.
COURT. Q. You believe this flannel to be yours? A. Yes; the night before this happened my wife was making up flannel waistcoats for me—the house is my dwelling house, and is in the parish of Hammersmith—we told the policeman of this rent before he brought the flannel waistcoats—these spoons, tongs, and bodkin case are marked—they are my property.
Cross-examined by MR. M. PRENDERGAST. Q. Can you tell the value of these knives and forks? A. No; I cannot—I think they are worth 6d. A piece—I do not know the value of these trowsers, or of the bodkin case.
MR. LILLEY. Q. Did you buy the silver? A. No; it was my wife's before her marriage—Barrett was with me when the militia was called out—the latter end of Oct., and beginning of Nov.
JOHN SEARLE (policeman, T 69). On the morning of 26th Nov. about ten minutes past 3 o'clock, I was at the Cross Keys; I discovered that the gates had been opened, leading to the back of the house—they bolt on the inside (I had noticed the premises at near 12 o'clock)—I went to the rear of the house; I found one door Jeading to the yard was open, another door, leading from the yard to the back kitchen, had been forced open—the bolt had been forced from the door—I then examined the door, leading from the kitchen to the back kitchen—the woodwork of the frame had been cut away, and a plate which secured the door on the kitchen side, and the chain, had been forced off—I saw two large boxes on the kitchen floor, and the floor was all strewed about—the drawers of the table and some knives and forks, and the remainder of the things, were lying about—I proceeded to the front of the house, and called the landlord.
Cross-examined by MR. M. PRENDERGAST. Q. Why did you go to the house? A. I had a suspicion that all was not right, because I saw two men running in that direction—when I got there the gates were pulled close to, but not fastened in any way—there are two doors leading to the back kitchen, one from the yard, and one from the garden—before I got to the door of the back kitchen, the wind opened it about a foot—I got into the washhouse without going into the air—there is not a room over it—there was more than two inches of the woodwork cut away of the door, which leads from the kitchen to the washhouse.
THOMAS LAGGS (policeman, T 168). On Friday morning the 26th of Nov., I was near Hammersmith Waterworks, about 1 o'clock, that is about 350 yards from the Cross Keys—I saw the three prisoners loitering about in front of the Old Ship—I saw them for about half a minute before they saw me; they then went in the direction of the house that was broken into.
Cross-examined by MR. M. PRENDERGAST. Q. When were you spoken to about this first? A. On the Friday, about 3 o'clock in the day, Sergeant Hancock told me there were three prisoners taken.
Cross-examined by MR. SLEIGH. Q. When did you see the three prisoners again? A. At Marylebone police court—one of them was in one cell, and two in another; Barrett and Clark were in one cell—I was taken to see them, and told they were the men.
premises? A. I did, on the 26th Nov.; I found the back door had been forced open, and a door leading from the washhouse—I applied this jemmy that I found on Clark to the marks on the door, and it corresponded with them—I found footmarks in the garden.
Charles Robertson, a carman, and Maria Barrett the prisoner's sister-in-law, gave Barrett a good character. Sarah Cusher, and John Bevan, and Sarah Bevan, the father and mother of Jones, (whose real name they stated to be William Bevan), gave him a good character.
CLARK— GUILTY . Aged 23.
JONES— GUILTY . Aged 18.
BARRETT— GUILTY . Aged 19.
Transported for Seven Years
OLD COURT.—Tuesday, December 14th, 1852.
PRESENT—Mr. Ald. HUMPHREY; Sir JAMES DUKE, Bart, Ald.; Mr. RECORDER; and Sir ROBT. WALTER CARDEN, Knt., Ald.
Before Mr. Recorder and the Second Jury.
GUILTY Aged 25.— Confined Twelve Months
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
THOMAS HARTY . I worked at Temple Fortune-farm at the time I went before the Magistrate; it is between Hampstead and Hendon—I know the prisoner, he worked on that farm for about three weeks; we slept in a loft in the cow shed—I have a brother named Timothy, he worked there also—on 19th Sept. about 12 o'clock, seven or nine men were in the cow shed—we sat down near the milk pails together—there was some irritable language used by some of the men, upon which the prisoner stood up and made use of an expression that I cannot remember—I said to the prisoner, "Do not interfere, my boy, we are all friends"—after the words had terminated and I was going to bed I called my brother to me—the parties were standing by the milk pails, and I saw the prisoner strike my brother on the back part of the neck with a reaping hook—it was candlelight—after he had struck my brother, he ran in the direction in which I was, to get into the cow shed; I laid hold of him, and said, "You have struck my brother;" he made no answer—I should say he was not drunk, he had had some drink—I then saw my brother kneel down on one knee, and say he was murdered—I called a man named Bird from the cow-shed to hold the prisoner while I went to my brother; I sent for a doctor, who ordered my brother to the hospital.
Cross-examined by MR. PAYNE. Q. Had you all been drinking? A. I cannot say; I had, and so had my brother—there was only one candle; at one time it was laid on the shelf where the milk pails rest, and at other times it was taken round by some of the women—the irritable language had gone on ten minutes or a quarter of an hour—the prisoner might be kneeling on
one of the pails—I did not see the hook till my brother got the wound—I did not see my brother go towards the prisoner and kick him in the private parts—I was four or five yards off at the time he received the blow—no persons were between me and them—my brother was close to the prisoner at the time the wound was given—the words arose through a man named Hannin, who was more in liquor than the rest, striking the beer and spilling some of it; and one of the men said, "You shall not spill the beer," or something to that effect—the beer belonged to the parties, they had half a gallon of beer, and paid equally—I have known the prisoner three weeks; I did not know him in Ireland—I came from Waterford, and he tells me he belongs to the province of Connaught.
MR. CLARKSON. Q. You challenged the prisoner with having struck your brother and he said nothing? A. Yes; he did not say he did it in his own defence—there was no cursing or swearing about spilling the beer.
WILLIAM HARE (policeman, S 78.) About a quarter to 12 o'clock, on 20th Sept., I was at Lower North-end, Hampstead, and heard somebody running on the path; I stood still till the person came up; I then stepped into the road, and turned my light on him; it was the prisoner; he had no coat or hat on—he said, "Policeman! I give myself up to you"—I asked him what he had done; he said he had cut a man in the neck with a reaping hook, and began crying—he said he had done it to protect his own life—I saw spots of blood on his shirt—I took him to the station.
Cross-examined. Q. Was not what he said, if he had not struck the man in his own defence, he should have been murdered? A. No; he said it was to protect his own life—he did not use the word "murdered" that I recollect.
COURT. Q. In your deposition you say, "He said he should be murdered?" A. Well, he was crying very much; I could scarcely understand what he did say; when he saw me he commenced crying—I am sure he said he did it to protect his own life.
NANTON WALTON (policeman, S 232). I was on duty near Temple Fortune farm, about 1 o'clock on this morning, and heard loudish talk in the cow shed—I went there and found a man bleeding very much; he was taken to the hospital—I found this reaping hook (produced); there is blood and some small hair on the front of it.
TIMOTHY HARTY I live at 147, Rosemary-lane—last Sept. I worked three weeks at Temple Fortune farm, and slept in a loft in the cow shed—my brother Thomas worked there also and the prisoner—the prisoner slept in the same loft as I did on this night—I had been to a beer shop before I went to the shed; the prisoner was there with me, and a smith—the prisoner wanted to get into a row with the smith; I wanted to prevent it—we had some drink there—we all went home together from the beer shop, and had a little more beer—I do not know whether we began with one gallon or two—there was a milkman among the party; he was a little noisy; he would have had a difference with somebody if he could have got anybody to differ with him—the milk cans were in the shed; I had not quarrelled with the prisoner that night—a lot of them were going to and fro in the shed, and the milkman was among them; I was standing looking on—I had not affronted him, he came and irritated me; but whether I hit him, I cannot say—I cannot recollect his words, but I can swear I would not have raised my hand or my leg if he had not irritated me; but whether I touched him or not I cannot say—I did nothing with violence to him, I just raised my foot to him, and he just drew back—he then retired from there, and some of them went
to bed, and some were smoking their pipes—the prisoner did not in my hearing complain that I had done him any injury, or kicked him in the private parts—about five or seven minutes after my raising my foot I was in the act of turning to get into the barn, and the prisoner gave me a stroke in the neck with a book—he said nothing when he struck me—I called out to my brother, who was close by—I picked up the hook and examined it—I had no handkerchief round my neck, and no jacket on—I was taken to the Hospital.
Cross-examined. Q. This happened in the cow shed? A. In the milk shed—there were a lot of men and women there, fourteen or fifteen I should think—the candle was in the barn which is attached to the milk shed—the milkman has a place over the barn, and the candle in his window cast a light into the barn—I do not know whether my foot touched the prisoner or not—I was not drunk; I had taken a little drop of beer.
CLARKSON. Q. Did you strike him any blow on the head? A. Never; I gave him no provocation more than I have stated—I did not try to make him fight with me; on the contrary, I counselled him—I only kicked at him, for the use of some nasty language against me when I was advising him not to interfere—I did not see him put his bands to any part of his person—I was in the Hospital eleven weeks, up to Tuesday last; I am not able to work yet.
WILLIAM HENRY REEVE . I am house surgeon at the Middlesex Hospital. Timothy Harty was brought there early on 20th Sept.; he bad an incised wound on the neck five inches long, and an inch and a half deep, extending from behind to a little below the ear—it was a very severe wound, and was dangerous; his clothes were saturated with blood—several of the principal muscles and one or two arteries were wounded; he was much exhausted—I think the injury will partially impede the action of bis neck, as it has caused a contraction of the muscles, and they are not elastic as they originally were—he remained in a precarious state two or three weeks—the instrument went to the bone—this reaping hook would be likely to produce such an injury—I saw blood and hair on it at the police court—the man was sober when he was brought to the Hospital; that might be the effect of the wound—I saw him first between 2 and 3 o'clock—the wound is perfectly healed, but he is in a state of considerable debility, and must be for some time.
GUILTY of unlawfully Wounding. Aged 19.— Confined Three Months.
MR. ROBINSON conducted the Prosecution.
MARY WAY . I am married—my husband is a private, in the Coldstream Guards—on 15th Nov., between 2 and 3 o'clock in the afternoon; I was at the Wheatsheaf public house, in the Edgware-road—when I went in, the prisoner was there lighting a fire, and smoking a pipe—a friend of mine, Mrs. Mullins and her husband were with me—we had three pints of porter between the three of us—I gave the prisoner a pint to himself; I thought he was in want of it—he was in the room before we went in—I did not know him before—I had a basket with me, in which there was 16s. and a handkerchief, and I had a purse in my bosom with 4s.—the 16s. was in half of a handkerchief; I put it there to give my mother, for the keep of my child—I took it out of the purse, tied it in the handkerchief, and put it in the basket, while I was at the public house; the prisoner saw me do that—I left the public house
between 4 and 5 o'clock, with Mrs. Mullins and her husband; they left me shortly after I got out; the prisoner followed me out directly; I crossed the road, and he told me he had been out of work a long time, and would I oblige him by giving him 1s. or 6d. the was very hard up—when I left Mrs. Mullins, in Princes-street, she went one way and I the other—I came back the same way, and went towards my home—I wanted to get rid of the prisoner—* I live at No. 7, Broadley-terrace, Alpha-road—I did not go with Mr. and Mrs. Mullins more than ten or twelve yards; I was not five yards from the public house when the prisoner asked me for the 1s. or 6d.—Mr. and Mrs. Mullins were on before me, and I went after them—the prisoner followed me, and asked me to give him 6d. or 1s., to take him home—I said if I knew him to be hard up, or out of work, I would give it him, at the same time I said, "Don't follow me, or I will give you in charge of a policeman"—I had then got about ten yards from the public house; he continued following me up Milner's-mews, and as I came to Harlington-street he snatched my basket from my arm—Milner's-mews comes out into Harlington-street, leading into New Church-street—he pulled the basket out of my hand, broke the handle, and took the money and handkerchief out—I called out for a policeman, and he knocked me down—I called police before the money or basket was taken at all—I wanted to get rid of him, he was following me—he took the money out of the basket, knocked me down, left the basket by my side, and ran away—when he took the basket, before he knocked me down, he said, "I am b—d if I don't have the money, and all"—he struck me in the left breast when he knocked me down—I remained down about 10 minutes—I was not sensible—when I came to myself I found myself at a doctor's shop; I found my basket there, but the money was gone—this is the basket (produced)—I saw the prisoner running away before I fell to the ground—two or three persons picked me up, and asked me to go to a doctor's shop—I went with them, and stopped about a quarter of an hour—I was sensible then—the policemen came round, and I gave information to them and described the prisoner.
Cross-examined by MR. SLEIGH. Q. You did not know the prisoner before? A. No; I never saw him before that day—this was at the Wheatsheaf—I did say it was at the White Lion, but I made a mistake—there is one public house called the Wheatsheaf, and another the White Lion—I had not been in both those houses that day—I am not in the habit of frequenting either of them—I went to the Wheatsheaf on this day with my friends; they asked me—Mrs. Andrews, the prisoner's wife, was not there—there was no other female in the house but me and Mrs. Mullins—I do not know whether the prisoner's wife was there; I do not know that he has got a wife—I have never said that Mrs. Andrews was there—I had nothing but porter; I am not in the habit of drinking anything else—I swear I did not have any brandy; there might have been a pint of ale, but I am not sure—I swear I had no brandy there that day, and the man at the house can prove it—my husband lives in barracks—I got this 16s. on my husband's property—he did not give it me, but I raised it on his property, which I pledged—I did not raise it all on that day—I believe I pledged some things at Mr. Boyce's, Lisson-grove, and some in Chapel-street—I have not the tickets here—I have redeemed some of the things since—I had 20s. that morning, not a sovereign—I had not changed a sovereign anywhere—I never said so—I do not know Henry Burdon (he was here called in)—I did not say in his hearing, on that day after the transaction, that I had changed a sovereign; I said I had a sovereign in silver, but not in gold—I did not say I had changed a sovereign—it was immediately after I left Mr. and Mrs. Mullins that the prisoner
took the basket from my arm—I told him he had no business to follow me, I was a married woman, and did not want him—I did not ask him to go home with me—I should have a gentleman if I have any, and not a man like that; I never ask gentlemen to go home with me—I was not brought up to that; that does not come to my turn yet—the prisoner did not desire me to go away from him—(Emily Abbott called in) I have seen her—I say again, the prisoner did not tell me to go away—he ordered me to go away, when he took my money—when he saw the people coming, he said "Go away"—he did not ask me to go away; he never desired it—I told him to go away.
Q. I thought you said he said, "Go away?" A. When we came round Milner-mews, I said to the prisoner, "You go away"—he said, "You go away," and he would not go away—I did not want the man following me—I did not strike him at all—I swear that—I swear I did not strike him, after he struck me—I did not call out at the time he took the money; I could not call out; but before he attempted to take the money I called out for the police, but he would not go away from me; I screeched out pretty loud—this is the first time I have been in this Court—I have never been in a police office, except on this occasion—if I have been under charge, I have suffered the laws of my country for it—I have been in custody—it was on a charge of stealing—I did not rob a man; he could not prove it, and therefore he did not come forward—I was in custody for stealing money, but I did not steal it—it was in July last—it was not stealing from a gentleman; it was from an omnibus driver.
MR. ROBINSON. Q. What was the result of that charge—were you examined before a Magistrate? A. Yes; I was—I was tried at Westminster Sessions, and acquitted—I was never in custody on any other occasion—I had got the 20s. by pledging my husband's property—I pledged some at Mr. Boyce's, and some at Mr. Reeves', in Chapel-street.
COURT. Q. What were the goods you pledged? A. A scarf shawl for 8s., a gown for 4s., and two rings for 7s.—I call those my husband's property; he paid the money for them.
JOSEPH WALKER (police sergeant, D 5). I apprehended the prisoner on 15th Nov., about half past 6 o'clock in the evening, at the White Lion—I said to him, "I want you"—he said, "I know what it is for"—he came outside the door, and I said, "It is for a robbery, for knocking down a woman, in or near Princes-street, and stealing 16s.—he said, "That is wrong about the money; I merely gave her a push, and put her on her back"—I took him to the station, and fetched the woman—I bad seen the woman before I apprehended the prisoner—that was about a quarter or twenty minutes past 5—she was quite sober at that time—she was just inside the door of the Wheatsheaf public house, in the Edgware-road, crying, and complaining of the robbery, and describing the man—it was in consequence of the description she gave of him that I apprehended the prisoner.
Cross-examined. Q. You searched him? A. I did, and found three halfpence—it was about an hour and a half after the robbery.
HENRY STACEY . I live at No. 4, Church-street, Portman-market. On the evening of 15th Nov. I was at the Wheatsheaf, and saw Mrs. Way there, and the prisoner—about 5 o'clock, or a little before, I saw Mrs. Way, and a young man and woman with her go out, and the prisoner also—they went out all together—after they went out, I saw the prisoner knock the woman down in the road, and run away—that was in Harlington-street—I went out shortly after them—I was about as far from them when he knocked her down as the
length of this Court—I saw that she had a basket in the Wheatsheaf, but I did not see it afterwards—there were a great many persons about at the time, but I did not stop there—a crowd collected and I went away.
Cross-examined. Q. Were you near enough to hear what passed between the prisoner and the woman when this took place? A. I was not; I did not take notice of what was going on—I did not observe any quarrelling—I merely saw the woman fall and the prisoner run away—I saw them in the Wheatsheaf drinking together—they seemed all very jolly and comfortable together, the prisoner was smoking—I did not see any dancing—it was some time after the prisoner and prosecutrix left the Wheatsheaf before I left, some where about half or three quarters of an hour.
COURT. Q. What, half or three quarters of an hour after they went out before you went? A. Yes.
MR. SLEIGH. Q. And you did not see this occurrence in the street until you had left the Wheatsheaf? A. No; this did not take place till they had left the Wheatsheaf for three quarters of an hour.
MR. ROBINSON. Q. Have you been at the Wheatsheaf this morning? A. Yes; I was in the same room with them at the Wheatsheaf—I remained in the same room for the three quarters of an hour after they went out.
JURY. Q. Did you see any money in the possession of the prosecutrix in the house? A. I did not; I did not see her put it into her handkerchief—I was in the tap room—that was the same room where they were sitting—I was smoking my pipe, I was not drinking, they were there before me—I do not know the prosecutrix, I know the prisoner; I cannot say exactly what he is—I am in the habit of going to the Wheatsheaf.
PHCEBE CHATFIELD . I am married and keep a stall outside my door, No. 2, Harlington-street. On 15th Nov. I was standing at my door about 5 o'clock, or a little after, and saw a man knock a woman down just opposite—I cannot say the man was the prisoner, and I never saw the woman before—I know her now by seeing her in Court; it was Mrs. Way—they came out of Milner's-mews, and in the middle of the road she was knocked down backwards—I was about as far off from the prisoner as I am now—I went to her—I saw a basket, when I went to her, as she was lying down; I had not seen it before—when the man had knocked the woman down, he passed by me as I stood at the door, but I could not see who the man was.
Cross-examined. Q. Had you seen them talking together before the woman was knocked down? A. No; the first I saw was the man knock her down—I did not hear her call out police, I had been standing at my door for some time.
EMILY ABBOTT . I live at No. 25, Carlisle-place, Maida-hill, I know Mrs. Way—I knew her before this. On 15th Nov., I was coming down Richmond-street, and saw Mrs. Way have hold of the prisoner in Harlington-street—I was coming through the mews, which was into Harlington-street—I was about two or three yards from her when I first saw her, I heard the prisoner tell her to get away—she said she should not—he then hit her, and said, "Take that you b—r"—there were not many people about when I first saw them—the first thing I saw was two or three persons running down the mews towards the prisoner and Mrs. Way—I went to see what was the matter, and when I got through the mews I saw Mrs. Way having hold of the prisoner—it was not above two or three minutes after she had hold of him, before she was knocked down—there was only just time for him to tell her to get away, and she said she should not, and he said take that you b—r; she was picked up—I called her by name, and she could not answer
me—she appeared insensible—I saw the basket while she was on the ground lying by her side.
Cross-examined. Q. How far did this occur from the Wheatsheaf? A. Not very far; I cannot say the distance—it would not take me five minutes to walk it, it might take me three minutes—this took place in Harlington-street; the Wheatsheaf is in the Edgware-road—I think it was a little after 5 o'clock when I saw this, because it was about 5 o'clock when I left home, and I had to meet a young girl at 6 o'clock—I looked at the clock when I left home—Mrs. Way had a little purse in her hand at the time she was knocked down—I saw it in her hand when she was picked up—I did not see any money—I believe the lid of the basket was a little way open—the purse was like a pocket book; one of these new-fashioned purses—I did not see any handkerchief—I had come from my home very quickly—I did not hear any call of police, as I came along.
HENRY BURDON . I live at No. 3, Portman-place, Edgware-road. On 15th Nov. I was near Milner's-mews, between half past 4 and 5 o'clock, and saw a man and woman come through Milner's-mews—when the man got up to Harlington-street he hit the woman, and then the woman hit the man again, and then the man put his foot between the woman's legs, and threw her down on her back—I did not see any blow given.
COURT. Q. I thought you said that the man struck her, and that she struck him again? A. Yes; that was in Harlington-street.
MR. ROBINSON. Q. You saw the woman go down? A. Yes; I saw her fall down—there was no blow struck then, before she fell—the blow was struck not two minutes before—it was in a different spot from where the blow was struck that she fell down, further off than I am from you—those were the only blows that I saw struck.
COURT. Q. What was the first thing you saw? I saw them coming from the mews, and they were quarrelling together—I thought there was something the matter, and I followed them out of the mews to see what was the matter—I was washing some harness, and followed them out of the mews into Harlington-street—I then saw the man hit the woman, and try to get away, and then the woman hit the man again, and then the man threw her down—that all occurred at the same time.
MR. ROBINSON. Q. Did you see any basket? A. Yes; I first saw the basket after she was picked up—she was in Harlington-street then—it was on her arm, close to where she was knocked down—she was taken from the road on to the pavement—it was on her wrist when she was picked up—I do not know the prisoner; there were not a great many people about at that time; very few at first, but they soon gathered round—I saw the basket on her arm, when she was taken on to the pavement—that was the first time I had seen the basket—she was thrown down in the middle of the road—she was taken from the road to the pavement, and when she got on the pavement I saw the basket on her wrist—as soon as the prisoner had thrown her down he ran away, up Church-street.
Cross-examined. Q. You heard quarrelling going on, before you saw the woman thrown down? A. Yes; for about two or three minutes—I was close to them; they passed by me as I was washing the harness—the basket had two handles to it—it was just on her wrist—when she came to her senses I heard her say she had been into a public house, and changed a sovereign.
MR. ROBINSON. Q. Did she say when she had changed it? A. No;
she said she had been to a public house, and changed a sovereign—she did not say anything about any loss—yes, I think she said she had lost 16s.
COURT. Q. You say she said she had been to a public house, and changed a sovereign—are you able to speak quite positively to the words she used? A. Yes; she did not say she had a sovereign in silver—I am quite sure she said she had changed a sovereign; I cannot be mistaken about it—she also said she had lost 16s.—she did not say who had taken it, she said she had lost it—I am sure she said nothing about its being taken.
NOT GUILTY .
GUILTY ,* Aged 16.— Confined Six Months.
JAMES BUXTON (policeman, A 405). About 5 o'clock in the morning of 28th Nov., I was on duty at King's-cross, and saw the prisoner—he had this basket, containing some bottles of Champagne, and twenty-five towels tied up, and five tablecloths—I stopped him, and asked him where he brought them from—he said from the Mitre public house, Holloway, and he had started from there at three o'clock—I said, "You have been a long time coming from there"—he said he was going to Notting-hill with them, and had to be there at 5 o'clock; it was striking five just as I was talking to him—I was not satisfied and took him into custody, and took him to the station—as we came along a young gentleman passed, and the prisoner said, "That is one of them that was in company with me when I did it," but he had got quite out of sight at the time he said it—I am sure of the words be used, he said "He was one that was along with me when I did it"—I found on him twenty-two farthings, and a piece of wax candle (produced).
Prisoner. I told the policeman that I had them given to me by two men to carry, and they told me if I was stopped to tell the policeman I was going to Notting-hill with them, and that I came from Holloway. Witness. He said that after we got to the station—he looked back after the person had passed some little way—I said to him, "I think you know him, don't you?"—he said, "Yes; that is one of the men that was concerned in the robbery with me."
Prisoner. I did not say anything of the sort; I said it was one of the men that gave me the bundle to carry. Witness. I am sure he did not say that.
WILLIAM WHEELER . I keep the Queen's Arms, in the Caledonian-road. On 28th Nov. I went to bed about 1 o'clock—I was the last person up in the house; I locked up the house all safe—I was called up by the police, somewhere about 8 o'clock in the morning—I was the first person that went down stairs—I found the bar had been completely ransacked, all the drawers and tills were taken out—the front door was left open, and the window where the party got in was closed again; they had got in through the fanlight over the door; that was large enough for the prisoner to get through—it was closed—it closes by a cord—a person getting through there could have access to the bar, and could open the door inside so as to get out—there is no lock to the door, but two bolts—there were marks on the dust on the ledge of the fanlight, and there was mud on the plate glass inside the door,
where he had slipped down from the fanlight, and at if fingers had been wiped—I missed some tablecloths, napkins, glass cloths, three bottles of Champagne, half a dozen bottles of stout, and some towels—the Champagne was on one of the shelves in the bar; I observed marks of wax on the drawers, and in different parts, exactly corresponding with the colour of this produced—my house is about 200 yards from King's-cross—I know the things which the constable has produced; I can speak to the napkins; I have others which correspond with them—I know these aprons by continually wearing them every day—they were made at home by one of my barmaids; she is not here—I know them by others which correspond—this one has my initials, "C. W. 12" on it—I lost several farthings—these were the sort of bottles I lost—I cannot identify them from any others—I missed three bottles of Champagne.
Prisoner's Defence. On Sunday morning, two men came up to me and asked me to carry a bundle for them—they gave me a lot of farthings which I was to have for carrying them; among the farthings was a bit of candle—I did not notice it at the time: I was to carry the bundle, and meet them at King's-cross; they had another bundle with them, a bigger bundle.
JAMES BUXTON re-examined. I did not make any effort to take the man that passed—he had got quite out of sight before the prisoner said anything to me; I could not follow him—I had the prisoner in custody at the time—I had a rattle; I was in plain clothes—as soon as I had taken the prisoner to the station, I made every search after the person, but could not succeed in taking him—he was a young person of about twenty-two years of age, and well dressed.
GUILTY .** Aged 16.— Confined Twelve Months.
100. JOHN BAKER and GEORGE BRITTON , breaking and entering the dwelling house of Edward Henry Moscrop, and stealing therein 2 watches, 1 brooch, 9 handkerchiefs, and other articles, value 44l.; his property; Britton having been before convicted: to which
BRITTON pleaded GUILTY . Aged 27.— Transported for Fourteen Years.
ANN COLLINS HOCKLEY . I am the wife of John Baker Hockley; I am on a visit at No. 5, St. George's-square, Pimlico. On 18th Nov., about twenty minutes to nine o'clock in the morning, I was looking out of the window, and saw six men walking backwards and forwards in front of Mr. Moscrop's house, which is a private house, opposite; they appeared to be in deep consultation, and then two separated from the rest, and rung the bell at Mr. Moscrop's area gate; they stood a little while; there were no persons in the house, they had gone to the Duke of Wellington's funeral, I believe; nobody answered the bell, and the shortest of the men, I believe, unlocked the gate; they both entered and went into the area; they very soon returned, and locked the gate after them—they then went to the front door, which they forcibly opened; they appeared to use some instrument, and wrench it open, and then went in and closed the door—in a quarter of an hour or twenty minutes afterwards I saw one man, in dark clothes, on the roof of the house; he came and looked over—there were hundreds of persons at that time in pursuit of the thieves, but they could not get in at the door—to the best of my belief the prisoners are the men; I could not distinguish their features, but I believe them to be them by their figures.
Baker. Q. You are not positive whether we are the men who descended into the area? A. I have no doubt, in my own mind; I saw your figures, and that is quite sufficient, I think—I saw men on the roof—I was at a bedroom window, on the second story, overlooking Mr. Moscrop's
premises—Mr. Moscrop's house is four stories high, the same height as the house I was in—there is a parapet on the roof of Mr. Moscrop's house; I do not know the height of it, but I could see the slates distinctly.
COURT. Q. You had not seen the men before that day? A. No; I saw them again the same day at the police court, and I saw them in the street as they were being taken away.
WILLIAM MASTERS . I live at No. 140, I llingdon-street, Vauxhall-bridge, and am employed by Mr. Cubitt. On 18th Nov., about half-past 8 o'clock, I was passing Mr. Moscrop's house, and saw two men talking together, and one a distance off—I went part of the way to Vauxhall-bridge, returned about a quarter to nine o'clock, and in consequence of something Mrs. Hockley said I went to No. 22, and found the front door had been broken open; a piece was broken off where the lock should go in, but it was bolted at the top—I called a watchman to assist me, and found the door and window fast—I tried the back door and window, and found them fast—I went to the yard for a ladder, and was gone perhaps two minutes; as I was coming back I saw Britton on the top of the house—I climbed up by way of the empty houses, went to No. 22, and found Britton standing on the roof in the gutter—I saw a gold watch, two keys, and other things in the gutter—I took Britton—as I went along with him I saw Mr. Cox in the road with the prisoner Baker.
JEREMIAH COX . I am a builder, of No. 16, St. George's-square. On the morning of the Duke of Wellington's funeral, about a quarter-past nine o'clock, I was called to Mr. Moscrop's, and sent a man on to the roof—about a quarter of an hour afterwards I went up myself, and went from No. 22 to the roof of No. 20, where I round Baker standing in the gutter; I took him by the collar, and took him down into the street—there was nothing to prevent his getting from No. 22 to No. 20.
EDWARD HENRY MOSCROP . I live at No. 22, St. George's-square, Pimlico, and am a private gentleman. On the morning of the Duke of Wellington's funeral I left my house with no one in it, but quite safe—there is a patent Chubb latch, which fastens on being pulled, and has a latch key-hole outside; a person could open the door with a latchkey—there was no bolt shot—when I came borne I found the door had been forcibly opened by an instrument, apparently forced into the door from the outside, and prized open—these pocket handkerchiefs are mine, and were in a drawer of my dressing table; this bracelet, and these two brooches are my wife's, and this watch is mine—they were all left in the house.
WILLIAM FULHAM . I am a master plasterer. I was working for Mr. Cox, on some unfinished houses in St. George's-square, and saw Masters with a ladder, coming along Lucas-street towards Mr. Moscrop's, which is at the corner of Lucas-street and St. George's-square—I heard a trap door on the roof suddenly, and saw Britton come out first, and Baker followed him—Britton went across to the back, to a chimney, and Baker went round to the front; I went, to prevent them from getting down through the empty houses—I am sure of Baker; I saw his face—I received this ring (produced) from William Little, one of my work boys.
WILLIAM LITTLE . I am a plasterer's boy, under Mr. Fulham. I went on to the roof of an empty house about half-past 8 or 9 o'clock, and saw the prisoners both running away from No. 22, on the roofs; they both had their waistcoats undone—Baker was on No. 16, and Britton on No. 22; Britton had a ring, which he threw down—I picked it up; this produced is it—they both ran towards the houses which were unfinished.
ELLEN JALLAND . I live at No. 22, St. George's-square. On the morning of 18th Nov. I beard a noise on the roof, and went into the attic; I opened the door leading on to the roof, and saw several men; the foremost of them was Britton; he asked me to let him come into the house, and see if anybody was there—I told him no thieves were there, and I should not let him in—he said he should have the police—our house is next door to Mr. Moscrop's—Mr. Cox brought me the property to take care of; I took it into Mr. Cox's house, and gave it to one of his men; it was this watch, bracelet, and brooch.
LUKE GODDARD . I am a carpenter, and was working for Mr. Cox. I was first on the roof, in pursuit of the parties—I got on to the party-wall of No. 22, and saw a man with a crape band on his hat, coming through the trap door—I returned to the said house, picked up a bit of board, and threw it into the street, to attract attention—I returned, and as I was getting over the wall I saw Britton by the trap door, in the gutter, and saw all the property lying in the gutter and on the roof; I said, "Halloo, my lad; what are you about?" he said, "We have got them, we have got them; they have gone along this way"—Baker was near him—they went along the roofs of nine houses, saying, "We will watch them, we will watch them!"—there was a blank wall, and I said, "You cannot get down, you must return back"—about the third house from No. 22 I picked up these skeleton keys (produced) and a thing like a shoemaker's awl—Britton said, "These are the keys"—I said, "You are the men;" he said, "My good man, don't say it was me; do I look like a thief? consider, you have got sons of your own, how would you like them to be transported?" and then he was taken.
GEORGE BAKER (policeman, A 251). I received charge of Britton from Masters—Baker was taken to the station by Mr. Cox—I produce this property, which I received from several men working for Mr. Cox, and this small crow-bar, which I think I received from Pullen, who is not here; I tried it to the door; it corresponded with the marks in every particular, and also with the marks on the boxes, they all corresponded with it.
Baker's Defence. I was coming by the premises, saw a great crowd, and went to inquire what was the matter; I heard a cry, "They are on the roof;" I went up by the new buildings, and was taken into custody; I was not taken on the roof of the premises which were robbed, neither was I seen on that roof.
BAKER— GUILTY . Aged 27.— Transported for Seven Years.
( William Pidding, a fancy cabinet-maker, deposed to having employed Britton for the last eleven months, after the expiration of his sentence of transportation, during which time he stated that he bore a good character; but Mrs. Hokley stated her belief that this witness was one of the parties who she saw at the prosecutor's house.)
NEW COURT.—Tuesday, December 14th, 1852.
PRESENT.—Mr. Ald. MOON; Sir ROBERT WALTER CARDEN, Knt., Ald.; Mr. Ald. WIRE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Sixth Jury.
GUILTY Aged 29.— Confined Twelve Months.
GUILTY Aged 26.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ABRAHAM ISAACS . I sell fruit in Covent-garden Market. On 29th Nov., about 9 o'clock in the morning, the prisoner came to my stand, and bought half a hundred of oranges—he gave me in payment two bad shillings—I told him they were bad; I called the beadle and gave him in custody—the prisoner said he did not know they were bad—I gave the two shillings to the beadle—I have seen the prisoner about.
WILLIAM GOULD . I am beadle of Covent-garden Market—the last witness gave the prisoner into my custody, and gave me these two shillings—the prisoner said he did not know they were bad, and said he had got no more—I found two other bad shillings in the left pocket of his trowsers, and 1l. 5s. 4d. in good silver—I had seen the prisoner about buying fruit, when I found on him the other two bad shillings, he said he did not know that he bad got them.
WILLIAM WEBSTER . I am inspector of coin to the Royal Mint—these two shillings that were uttered are counterfeit, from two different moulds—these other two that were found in his pocket are counterfeit, and from the same two moulds as those that he uttered.
Prisoner's Defence. I was out on the Saturday morning, selling apples and pears; a man bought 3d.-worth of pears, and asked for change for a shilling, and half an hour afterwards a young girl asked for 2d.-worth of pears, and I gave her change for a shilling; they were good looking shillings; I went home with them in my pocket, and the next morning I went to this man and had half a hundred of oranges; I gave him the two shillings, he said they were bad; I did not know they were bad.
GUILTY Aged 62.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ELIZABETH WATKINS . My husband keeps an oil-shop in Oxford-street. On the afternoon of 29th Oct. the prisoner came for a bottle of pickled onions—they came to a shilling—she gave me a good sovereign—I got change, and gave her 19s. in silver—she then said she particularly wanted a half sovereign to send by post—I had a half sovereign up stairs, which I had put away to give to my son at Christmas—it was quite a new Victoria good one—at the prisoner's request I went and fetched that half sovereign and gave her—I had before taken ten of the shillings back—I noticed that she put the half sovereign in her mouth directly, and in pulling the silver about in her purse, she said, "This is a Victoria half sovereign, but it is light;" and she chinked it over the counter, and it fell into a candle drawer—before it fell I noticed that it was light, but I did not touch it—I knew it was not the one that I gave her—I said, "The half sovereign I gave you you put in your mouth"—I do not know where she took the other one from—she said she had no other—I sent for Mr. Mitchell, a neighbour—I told him what had happened—he took hold of her, and tried to get it out of her mouth, and I saw it in her mouth—he did not succeed in getting it—I sent for the police-man when I saw the half sovereign in her mouth, the other half sovereign that she returned was behind my counter.
Prisoner. It is false to say I put my hand to my mouth; I never put my
hand near my mouth. Witness. I am certain you did—I said I would go up stairs and get a half sovereign from a lodger, but I did not disturb her—this was my son's half sovereign.
THOMAS FREDERICK MITCHELL . I live at No. 328, Oxford-street. The last witness told me that the prisoner had asked for a bottle of pickled onions, and gave her a good sovereign in payment—she sent to me for change, and I sent my young man out for it, and sent it her—she said she gave the prisoner a good half sovereign, and she put it in her mouth—I took hold of her throat, and saw it distinctly in her mouth—I did not get it—I believe the swallowed it.
TOMOTHY PHILIP MORRIS . I came into the shop just after I saw the prisoner there—I looked behind the counter, and found a half sovereign—I laid it on the counter—no one touched it till the policeman came.
GUILTY . Aged 22.— Confined Twelve Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
FREDERICK TAYLOR . I keep a tobacconist's shop, in Great College-street, Camden Town. On 6th Nov. the prisoner came, about 6 o'clock in the evening, for half an ounce of tobacco—he asked how much it was, I told him 1 1/2 d.—he offered me 1 1/2 d.—I said that was not enough—he then put down a crown piece—I saw it was bad, and I said I would go and get change—the prisoner would not let me go at first, but I would go, and 1 fetched a neighbour—I left the prisoner with him while I went and got an officer—the prisoner told me he took the crown at King's Cross in change for a sovereign.
WILLIAM DEAN (policeman, S 202). I was called about 6 o'clock that evening, and took the prisoner—when he was at the station he said he took it in change for half a sovereign at Billingsgate—I asked him where be lived; he said he had got no home—this is the half sovereign.
BENJAMIN BENJAMIN . I am a publican. I was at the Bear and Ragged Staff, in Leicester-square, on 18th Nov.—the prisoner came, and I served him with half a pint of porter—he put down a bad shilling—I told him it was bad, and he had better pay for the porter, or he would be given in custody—he did not offer any other money, and the landlord came, and he was given in custody—the shilling laid on the counter.
Prisoner to BENJAMIN BENJAMIN. Q. What did you do with the shilling I gave you? A. I bent it on the counter—I believe there were one or two persons looked at it—it might be a minute out of my sight—I think I did not mark it before I gave it them—they were respectable persons—I think they would not change the shilling.
MR. BODKIN. Q. You were there attending to the business? A. I was; this circumstance attracted the attention of the persons who were there—there were two persons there besides the policeman, one was a gentleman who lives in the house, and the other a party who serves the house with dram glasses—they looked at the shilling separately—that might occupy perhaps a minute.
COURT. Q. Was it out of your sight? A. No; merely going from one hand to the other.
MORRIS ROBINSON (policeman, C 163). I was called, and took the prisoner—this shilling was given me by the last witness—it was broken—it was produced before the prisoner—he said he got it in change for a half crown at the Ship, at Charing Cross—Mr. Todd gave the prisoner in custody—I searched him—I found one good shilling in his hand—I asked him where he lived—he said he had no home; he was a traveller.
COURT to BENJAMIN BENJAMIN. Q. Did you break the shilling? A. Yes; but the piece was not from the shilling when I gave it to them.
Prisoner. He said he did break it; I wish the deposition to be read.
(The witness's deposition being read, contained the following words: "I broke the shilling up, and gave it to the constable Robinson."
MR. BODKIN. Q. Did you notice the shilling sufficiently to be certain that it was bad, before you handed it to the other persons? A. Yes.
Prisoner's Defence. I was intoxicated—I got in this witness's house; I cannot account how I got there—the witness stated that he let the shilling out of his sight for a minute or two—I do not know whether I gave him silver or copper, or what it was.
GUILTY . Aged 24.— Confined Six Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
HENRY JACOBS . I am a tobacconist, and live at Shad well. On 20th Nov. the prisoner came for half an ounce of tobacco; it came to 1 1/2 d.; he gave me half a crown—I thought it was bad, and I said to him, "Is this a good one?"—he said, "Yes;" I took it on his word, and gave him change; and he went away—I put the half crown in a drawer where there was no other—I looked at it again in a few minutes, and found it was bad—I wrapped it in paper, and put it by itself—I afterwards gave it to the policeman—no one had been to the drawer after I took it before I found it was bad—on the 27th the prisoner came again for half an ounce of tobacco; I saw my wife serve him—he gave her a half crown; I asked him whether it was good; he said, "Yes"—I said, "You are the fellow who gave me a bad one before"—I sent for a constable and gave him the prisoner and the two half crowns.
JATER JACOBS . I am the wife of the last witness. On 27th Nov. the prisoner came and asked for half an ounce of tobacco; I served him; he paid for it with a half crown; I gave it to my husband, and told him it did not seem good—the prisoner was given in charge.
GUILTY . Aged 19.— Confined Six Months.
NOT GUILTY .
MESSRS. BODKIN and POLAND conducted the Prosecution.
JAMES REDDING . On 25th Nov., I acted as potman at the George and Dragon public house, at Shadwell—the prisoner was in the taproom; I served him with two pots of beer; he gave me a shilling to pay for them—I took the shilling to Mr. Lappage, who was in the bar, and gave it him—he said it was bad, and tried to break it—I told him not to do so, I would take it back to the man—I took back the shilling, and Mr. Lappage went
with me to the taproom; I put the shilling on the table; I said it was a queer one—there was a woman there—she took up the shilling, and said it was good, and she went out with it, I believe—I saw that woman in the tap-room when I went to take the shilling to Mr. Lappage—there were three or four of them there.
Prisoner. She was not in my company; I do not know her.
GEORGE LAPPAGE . I was at the George and Dragon on the 25th of Nov.; the last witness brought me a shilling—I saw it was bad; I marked it and gave it back to him—I went with him to the taproom, and saw him put the shilling on the table; I saw a woman take it up; she went out with it—she said she would go and get a halfpenny bun or a biscuit—she said the shilling was good, I believe—I went afterwards to the police station—I saw the prisoner in custody there—the shilling that I had marked was shown to me there by the constable.
THOMAS BURNS (policeman, K 252). I was sent for that afternoon to the shop of Mr. Niner, a baker, which is about ten yards from Mr. Lappage's—I found the prisoner there, and a woman with him—Mrs. Niner gave me this shilling that I produce—she said that the woman had attempted to pass it—the woman pointed to the prisoner and said, "This is the man that gave me the shilling"—the prisoner said, "Yes, I did"—I saw him drop a shilling from his right hand trowsers pocket, as he was pulling his hand out—I picked it up, it was a bad one—I searched him, and from his left hand trowsers pocket I took five bad shillings, a bad half crown, three good half crowns, and a half sovereign, making in all seven bad shillings, and a bad half crown.
WILLIAM WEBSTER . This first shilling that was produced is bad—these other six are all bad, and three of them are from the same mould as the one attempted to be uttered—the remaining three are from one mould—the half crown is also bad.
Prisoner's Defence. I got it in change at the Coach and Horses. (The prisoner received a good character.)
GUILTY . Aged 40.— Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution.
WILLIAM THOMAS (police sergeant, F 17.) On the 2nd of Dec, I was on duty in the Strand; about half past 12 o'clock I saw the prisoners coming together from Hungerford-street—I knew them, and followed them to White Hart-street, Drury-lane; they went into a public house there—when they came out I went in—I then continued to follow the prisoners; they went to the farther end of White Hart-street—I then missed Kemp—the woman remained at the top of the street—I saw a constable, and I told him her character, and in a few minutes Kemp appeared again—he put his hand in his right hand coat pocket, and as he drew his hand out again I took hold of it—I took a small piece of paper from his hand; I asked him what it was—Sullivan came up to me, and tried to get his hand away from me—she said, "What are you about with the man—let him alone"—I took the paper out of his hand, and in it were five counterfeit shillings—I took him in custody—he said he had picked the shillings up—Sullivan was taken in custody at the same time—when she was at the station, she said, "If they had been good we would have had a drop of rum"—I asked her what she meant—she said,
"What you have taken from Kemp"—at that time nothing had passed about what had been taken from him.
Kemp's Defence. I picked it up in the street; I did not know whether it was good or bad—the policeman must have seen me pick up something, and he came and took me.
Sullivan's Defence. This man asked me to have something to drink, and the policeman seized his hand—I said, "What are you going to do with the man—to break his arm?"—he said, "I will break your arm directly"—he called another officer and said, "Take her in custody."
KEMP— GUILTY . Aged 40.
SULLIVAN— GUILTY . Aged 36.
Confined Twelve Months.
MESSRS. BODKIN and POLAND conducted the Prosecution..
WILLIAM DEVEREUX FANCOURT . I keep a beer house, in Dorset-place—the prisoner came there on 8th Nov., at 8 or 9 o'clock—he asked for a pot of stout—it came to 6d.; he paid me a 5s. piece—I gave him a half crown and two shillings—I put the crown on a shelf under the counter for a moment—as soon as the prisoner retired from the shop, I showed the shilling to Mrs. Fancourt; I said "This is a bad 5s. piece;" I gave it her to look at, and she placed it under a bowl—covering it over—on 28th Nov. the prisoner came again for a pot of porter, in the same jug—he gave me a half crown; I saw it was bad—I told him so, and told him he had passed a bad 55. piece on a former occasion—he said it could not have been him—I said it was, I could swear to him from a thousand—I gave him the half crown, and he paid for the porter with a shilling—my son was there, and he asked the prisoner to let him look at the half crown, and he put it into his mouth and bent it—my son went outside, and I went to the door—an officer was procured in a few minutes, during which time I asked Mrs. Fancourt to go upstairs and fetch the crown piece—I gave that and the half crown to the policeman.
Prisoner. Q. How many weeks was it that I had come previously? A. To the best of my knowledge it was on the 8th or 9th Nov.; I cannot positively swear to the day—I speak to the best of my knowledge.
MR. BODKIN. Q. Have you any doubt about the prisoner being the man? A. Not the slightest.
ANN FANCOURT . I am the wife of the last witness. I remember his giving me a crown in Nov.; I do not know the day—I placed it on a shelf, under a bowl—I afterwards gave it to my husband, when the man came for the porter—it was the same crown.
ROBERT FANCOURT . I am the son of the last witness. I was in the house when the prisoner came on 28th Nov.; my father detected the bad half crown, and gave it back to the prisoner—I asked him to let me look at it—I bent it; it was bad—I went and fetched a policeman—the crown and half crown were given to him.
Prisoner. Q. Do you know when the crown was passed? A. No; I understood it was about the 8th or 9th of Nov.
ELIZABETH PHILLIPS . My father keeps a public house, at Camden-town. The prisoner came there on 22nd or 23rd Nov.; he asked for a quartern of rum—it came to 5d.; be gave me a half crown; I saw it was bad, and I told him so—he said, "Is it, indeed, I was not aware of it, I have a
shilling in my purse I will give you"—he gave me a good shilling; I gave him change—I laid the half crown on the counter, and he took it up—the purse he had was similar to this one (looking at one).
Prisoner Q. Did you not say that you could not swear to me? A. I said I had not a doubt that you was the man, but I did not like to swear to you.
Prisoner's Defence. I went in with the half crown, but I never went in with the rive shilling piece.
GUILTY . Aged 36.— Confined Six Months.
GUILTY . Aged 38.— Confined Four Months.
GUILTY . Aged 32.— Confined Four Months.
MR. ROBINSON conducted the Prosecution.
WILLIAM HURLSTONE . I live at No. 3, Milman-street, Bedford-row. It is my dwelling-house, and is in the parish of St. Andrew's, Holborn—on Thursday night, 18th Nov., I went to bed about II o'clock; I saw the windows were fast—the window of the water closet was up, but whether it was fastened I do not know—I locked the outside door—I got up the next morning a little before 8 o'clock; I saw a ladder in the yard, up against the wall—I went out and saw an old coat, and some old shoes and boots—I called the servant—she had seen these things, but did not know the house was robbed—the thieves had got into the house by pulling down the window of the water closet—I missed a pair of boots that I had worn a few days, and one pair that I had never had on from their being footed—my hat and gloves that were on the table, and two other pairs of gloves that were in the coat pockets, and an umbrella—I found an old hat of mine, which they bad left in the yard—this is my umbrella—these are my boots; they have got my own writing inside them—this pair of boots is not mine; they were left on my premises, and a pair of shoes also—I lost two pairs of boots myself, and they had left these in exchange—this is my hat, and this is the pair of gloves that was left in the hat—these other two pairs of gloves were in the coat pockets—the coats have not been found, nor the other pair of boots.
Cross-examined by MR. O'BRIEN. Q. Have these boots got your name in them? A. No; they have my writing—it is the date when I had them, to test the strength of the work.
MARY HAND . I am servant to Mr. Hurlstone. On 19th Nov., I got up at a quarter or twenty minutes past 6 o'clock in the morning—I opened the yard door, and saw a ladder stand, and a pair of boots and shoes in the yard—supposing my master had put them there, I did not take any notice—
I saw the water closet window open half an hour after I came down—I did not give information to my master till he came down.
Cross-examined. Q. Might it be half-past 6 o'clock when you got up? A. No; it was not later than twenty minutes at the farthest—I can say it was before half-past 6 o'clock.
WILLIAM SMITH (police-sergeant, E 16). From information I received I went to a coffee shop, in Dean-street, Holborn, on Sunday, the 21st Nov., about half-past 1 o'clock in the morning—I saw Wright there in bed—I told him I apprehended him on suspicion of committing a burglary in Milman-street—in the room there was a small child's chaise, and on it was some clothing—I asked Wright if it was his clothing—he said, "Yes"—it consisted of this pair of boots, and other articles of clothing—I saw the other officer find this hat, in the same room, at the same time—I went, on Monday morning, the 22nd, to Lincoln-court, Drury-lane; I saw Devonport—I saw ten duplicates there—one is for an umbrella, and another for a coat, pawned for 10s.—these boots that were found in the prosecutor's yard belong to Wright—a week or ten days before that there was a robbery at another place, and Wright was suspected, and then I saw these boots on his feet.
Cross-examined. Q. Have they been in your possession ever since they were thrown in the garden? A. Yes; I did not see these cuts on them when I saw them on Wright's feet—having seen them on his feet I take on myself to swear these are the boots—there were marks on them then, and there are marks on them now that I swear to—I saw them both on his feet—this boot has been twice fronted, and I noticed this patch coming close to the toe, and I noticed that the sole had come partly off, and been sewn on again—these boots were produced at the station, and they led to the prisoner's apprehension—there was only one other man in the room I went to, in Dean-street, and he was asleep—there were three beds in the room; one was not occupied.
MR. ROBINSON. Q. How far were the boots from the bed the prisoner was in? A. Three quarters of a yard—I saw the place where the other man's clothes were—their clothing was on the off-sides of the beds the men were in.
JAMES COFFEE (policeman, E 31). I went with the last witness, and saw Wright in bed—I found this hat under the bed where Wright was sleeping—I asked him if it were his; he said, "Yes"—I went on the Monday to Lincoln-court, and found Devonport in bed—I told him I wanted him for a burglary in Mil man-street—I found in his room four pairs of gloves, one shawl pin, four glass buttons, a screw-driver, and two skeleton keys—these are three of the pairs of gloves—the other pair belonged to the prisoner, and I gave them back to him.
Devonport. I bought the duplicate of the umbrella of a man in Oxford street, for 1s. 6d.
WRIGHT— GUILTY . Aged 25.
DEVONPORT— GUILTY on 2nd COUNT . Aged 23.—(See Third Court, Wednesday.)
Wright was further charged with having been before convicted.
GUILTY. Aged 25.— Transported for Ten Years.
OLD COURT.—Wednesday, Dec. 15th, 1852.
PRESENT—The Right Hon. the LORD MAYOR; Mr. JUSTICE WIGHTMAN; Mr. Ald. HUMPHERY; Sir JAMES DUKE, Bart., Ald.; and RUSSELL GURNEY, Esq.
Before Mr. Justice Wightman and the Third Jury.
MESSRS. HUDDLESTON and COCKLE conducted the Prosecution.
CATHERINE WOOD . I lodge at No. 19, George-street, Blackfriars-road; my husband was Dr. Wood; he died at Christmas, 1850. I knew the prisoner previously, and after my husband's death he called on me, commiserated my situation, being without friends, and offered his services to befriend me in any way he possibly could, which I gladly accepted—I was entitled to 84l. from a policy of insurance, which my husband had effected at Glasgow—the prisoner received that for me; I authorized him to do so—my father was a member of a merchant's house at Glasgow, and I tried for an annuity of 20l. under the merchants' fund—I never exactly knew whether I was on the funds of that house, the prisoner told me at one time that I wife on, and at another time that I was off; but he enclosed me 10s. of the last quarter's money, and until then I never knew positively that I was on the house—I cannot say whether he has paid over the whole of that sum to me, for I never could get a reckoning with him—he has given me money in small sums from 1l. down to 6d.—I cannot swear altogether what he has given me, but from 3rd Jan., 1852, down to 5th Oct., when he sent roe 10s. received from the merchant's house, I have received of him 14l. 5s. 10d.—that was the last money I received of him—I was also entitled to some property in Bishop-street, Glasgow; it was coming to me from my grandfather and father; I was unwilling to sell it, as I did not know whether my brother was dead, not having heard from him for three years—the prisoner seeing that I was in such poor circumstances said that if I would sell the property and purchase an annuity with it, it would add considerably to my small income—I told him I would not do so, as long as I did not know that my brother was dead; and some two or three months afterwards he sent me a little scrap of paper, in consequence of which I afterwards saw him, and he said I could now sell the property to purchase an annuity—that was the sense of what he said; I cannot exactly repeat the words—he said he saw a person in the Strand, who told him he saw my brother die in New York—I think he said that by word of mouth—I arranged with him to sell the property; he said the likeliest person to buy it would be the person who held two-thirds of it already, and he sent a note for me to go to his chambers one day to sign the deed of sale—I went to his chambers, signed some documents, and 214l. was paid over to me by the person who went away with the papers—after he went away I rolled up the money, and was putting it in my reticule to take it home, until he could look for an office for me to get the annuity—he said, "Oh, don't do that; it is very unsafe, you may either lose it, or the house may be on fire, or anybody might know you had so much money"—I said, "What shall I do with it?"—he said, "Put it into the bank;" he recommended the Commercial Bank; I went there with him, 210l. was lodged there in the joint names of Wallace Harvey, and Catherine Wood; and 1 kept 4l. for my immediate use—he said it must be secure,
because he could not take it out without my signature, and I could not take it out without his, and it would be my whole subsistence to depend on—when we came to the Temple gate we bid each other good bye, and he asked me for the loan of one sovereign, which I lent him—I gave the prisoner no authority to sign my name to any checks; I knew nothing of his withdrawing the money till I went to the Bank—the signature "Catherine Wood" to this check is not my writing; I never authorized the prisoner to sign my name to that check—this ft a good imitation of my writing—(the check being read—dated "31st July, 1851—Drawn on the Commercial Bank of London, in favour of ourselves or bearer for 85l. Signed, W. Harvey, Catherine Wood")—I did not give him authority to sign this other check for 25l., dated 28th July, or these of 8th Aug. for 30l., 9th Aug. for 5l., 16th Aug. for 5l., or 24th Sept for 5l., making 210l.; nor were they drawn by my authority—I have received money from the prisoner, which I thought came from the merchant's house; but I was not aware that any portion of this money was withdrawn from the bank till I was there in July, 1852—I owed some money to Mr. Griffiths, and it was in consequence of something communicated to roe by him that I went to the Bank.
Cross-examined by MR. PARRY. Q. How long before your husband's death had you known Mr. Harvey? A. About two years; he was the only person who followed my husband to the grave—before my husband's death we only had what he earned to live upon—the prisoner has been in the habit of advancing trifling sums to me—I one day received 4d.—I never heard my husband say he received 5s. from him; he never got more than half a crown from him—we had no claim on the prisoner—to me he never gave hut that one 4d., in my husband's life time—as to my husband, he got it himself, and not I, the small sums that he did get—my husband had known the prisoner many years, and was medical attendant to his father's family—I do not think my husband received sums of the prisoner amounting to more than 1l., that I was told of—I do not know that the prisoner was constantly in the habit of giving money in charity to my husband for us to live on—Dr. Jordan said that my husband died of delirium tremens—the prisoner did not go to Scotland after my husband's death for me; he was going to get married, and he said, since he should be there, he would transact my business without charge—he did not pay for the funeral of my husband; it was paid by 5l. being borrowed of Mr. Self, and 5l. of Mr. Andrew Tennent, of Glasgow—the prisoner did obtain money for me by way of charity from friends of my husband, but he never handed it over to me—my husband died at Christmas, 1850, since when I have over and over again received moneys from the prisoner—I never received money from the merchant's house in Glasgow; the prisoner used to receive it for me, but I never knew till this last time that I was on the house—the letter from the merchant's house is dated 4th Oct., 1852; this is it—(produced)—when I received it I was certain that I was on the house—I got it from Mr. Harvey, enclosing 10s.
Q. Just look at that book; have you not repeatedly gone through these accounts with the prisoner? A. No; I never saw this book before; never till this time—I did not receive 1l. from the prisoner on 5th Feb. 1852, (looking at another book)—this book is where I dotted down the sums I received of the prisoner; I put down everything I received of him from 3rd Jan. last—all these sums of 1l. that are down in this book from Feb. to April, I never received, until you come to June, when I received 1l., which I is down in my book—it is from Mr. Bain, of the York Hotel, and I received it pf the prisoner—I did get money up to June, but in smaller sums, to the
amount of 14l. 5s. 10d.—I used to receive money just when be chose to send—I had no other means of living except what he sent—I am sorry I did not keep any exact accounts of what I received from him in 1851, but he promised from week to week, and from month to month to settle my affairs—I could not have got more than 12s. a week from him in 1851, but I cannot swear to it—I mention 12s. a week, because of his saying always that I should not exceed that—I had no agreement with him at all; I just got it as it suited him to send it—I am not aware, and never was, that the prisoner was in the habit of giving money every week to my husband; that I swear—my husband was always earning something; he used to write for magazines, and articles of literature—I know Mr. Arnold's girl, named Charlotte, she was in the habit of bringing me money; I cannot say every week—she did not, to the best of my knowledge, bring money and give it to me before my husband's death, but she has since; if there were any money-matters between my husband and the prisoner, it was between themselves, and Charlotte did not bring it—I authorized the prisoner to receive the money from the merchant's house in Glasgow for me, but I always understood he would send me a receipt to sign—I never signed any receipt; I never authorised him to sign my name, I expected to do that myself—he told me the merchant's house in Glasgow refused to let me have any money on account of my drunken habits—my habits are not drunken, I never was a drunken woman—I was not intoxicated at the time of my husband's death; for three nights I never had my clothes off my back, waiting on him—when the 214l. was paid to me, the prisoner said it would fetch an annuity of 12s. a week—he did not agree to pay me an annuity of 12s. a week for my money, he cannot produce any such agreement, neither was it in words—his having to advance the annuity for the whole year was his own fault, not buying the annuity at once—I swear I never did agree that he was to have the money, and allow me 12s. a week.
Q. When Charlotte brought you the money after your husband's death, did not she very often tell you that it was the annuity Mr. Harvey was allowing you? A. No; I do not suppose the girl knew—on 7th March, 1851, I went down to Chiswick, where the prisoner was residing; I did not ask for 2l. on my annuity—I went down on my landlady's account; I did not get 2l.; I got 18d. and a bottle of wine to give to my dying landlady.
COURT. Q. Did you see the prisoner when you went to Chiswick? A. I did; it was on a Sunday—I asked him to come and settle with my landlady, who was dying, and raving about the money—he said he could not do it on the Monday, but as sure as God made him, he would settle my whole affairs on the Tuesday, and I could settle with Mrs. Griffith as I liked.
MR. PARRY. Q. Do you know Mrs. Hefferman, the housekeeper to Mr. Harvey? A. Merely by seeing her there—I did not tell her, and the girl Charlotte, that I had allowed Mr. Harvey to use the money on condition that he was to allow me 12s. a week; would I talk to his servants?—I never spoke to the woman about my affairs—on my oath I never saw this check of 24th Sep., 1851, before it was presented at the bank—I did not before it was presented write with a dry pen over "Catherine Wood," nor to any document—whenever I put my name I put it with a penfull of ink—I did not deny to the clerk at the bank that I had ever signed my name; there was a mistake about it, I gave Mr. Harvey no signature—I did not in general terms give him authority to sign my name to all checks and documents which were required, except when he was at Glasgow he sent me the papers to sign, but I never gave him authority to sign my name, never—
when I said I never gave him authority, "except when he was at Glasgow," I meant I gave him authority there la transact my business—I do not know that he frequently signed my name to receipts from Glasgow; I did not even know that I was on the house—I did not tell Charlotte on more than one occasion that I and my husband would have died of starvation, if it had not been for Mr. Harvey—I understand you now, perfectly.
MR. HUDDLESTON. Q. Just look at that letter, of 13th Feb., 1851 (produced)—did you receive that from Glasgow, enclosing a paper for you to sign? A. Yes; I signed it, and sent it back to him (letter read—"Glasgow, Feb. 13, 1851. My dear Mrs. Wood, I received your letter on Tuesday afternoon last, and would have left on Wednesday, had it not been that I thought by staying a day or two I should be able to settle your affairs. I have been sadly put about for the last two days, by Andrew Tennent having told me on Wednesday that he would be obliged to charge a professional account, for the business he and his brother has done for you and Dr. Wood. I told him that both from what he himself had told me previously, and from what Dr. Wood and you bad always under-Stood, nothing was to be charged for any business of the sort, and that it would be a cruel thing to deprive the widow of the slender means which were now left to her. I have consulted one of the chief writers here to day, and I have taken certain steps which will prevent Andrew Tennent from getting payment from the Insurance Company, of any money which he might charge in the way proposed. There is one thing which I advise should be done at once; with an authority from you I could get the Insurance Company or Dr. Mackenzie to make an advance of as much money as would enable you to pay the debts which are standing, owing to Mr. Self, Dr. Beattie, Mr. Griffiths, &c., and if you would send me this authority by return of post without fail, I would bring the money to London on Monday night. If you do not do this, I fear that Mr. Andrew Tennent, when I go away, will try some scheme or other to defraud you of some portion of the money; but if the Company first makes an advance to you of a portion of the money, then Tennent can do nothing. You had better ask a third of the reversion, namely, 84l. 10s.; for you will require something considerable to pay off the various sums you owe and have something remaining, and it is better to get as much as possible from the hands of the Company at once. As to myself, I will never charge you anything for any trouble I hare been at in doing anything for you; and I can assure you that everything which I have at any time done for your husband or yourself has been done out of the purest feelings for your welfare. I shall try and bring the title-deeds of the property in Anderston also with me. I can tell you you have no one here who would do anything for you but myself. I have got your name put on the Merchants' House list of applications for a pension, and I have got some of the first merchants here to speak for you, and you are certain of getting on, at the first meeting, on the 5th of March, 20l. a year. I found it unnecessary to send you any papers with reference to it. I shall go to-morrow to Oswald-street to look after the old lady you mentioned. You must sign the enclosed, and forward it to me by return of post, without fail, else I shall be obliged to leave this, without any money for you, and you will not get it yourself by writing. Don't fail. Yours truly, WALLACE HARVEY.—P.S. I shall bring your things from Edinburgh.")—The prisoner has told me that he has received 84l. 10s. from the Insurance—I was to get 5l. a quarter from the Merchants' Fund, but I understood it was not permanent—it was in 1851 that I first understood that I had got on the House;
I beard of hit getting the first 5l. in June, 1851—he said he had received 5l. on my behalf, but that from Mr. Andrew Tennent speaking ill of me I was again off the House—I never heard again of his receiving any money for me from that fund till this last quarter, not a farthing of it—I then received 5l.—he wrote to me on 4th Oct.—this is the letter (produced) which I received, enclosed in another, with 10s. (read—"Glasgow, 4th Oct, 1852. Dear Sir,—On my return from the country to-day I have found your favour of the 30th inst., and I beg to hand you an order on Messrs. Glynn and Co. for 5l., to be paid Mrs. Wood. The period of my holding office in the Merchants' House expires to-morrow, when a new election takes place, and in future your letters will require to be addressed to my successor in office, James Hannan, Esq., who will be chairman of the Merchants' House during the next two years, and in the mean time I shall band him your letter. Signed, J.F. CONNAL)—After I received that letter I received 10s. Front the prisoner—I had at that time discovered that he had withdrawn my money from the bank—I conceive my money was drawn out in July last—I saw nothing of the prisoner between July and Oct.—I could not find him—I looked for him; I went to his chambers constantly, and many persons were staying there waiting for him—I did not write to him—when the 10s. was brought with that letter I could not tell where he was—the girl Charlotte brought it; I did not ask her where he was on that occasion; I had previously asked her, and she could not tell me—what I received in 1841 could not be more than 12s. a week—out of the money he received for me from the Insurance Company and the Merchants' Fund he did not pay me more than 12s. a week for 1851, and t think I must have received 50l. in 1852; I do not believe I have received more, but I never summed it up—I never received any money from him for the 210l., nor did he ever make any observation' to me about paying me money for it.
COURT. Q. Who paid your rent during 1851? A. I was indebted to my landlady for it, and Mr. Harvey, out of the 84l. 10s., was to have paid her all off—he said he would see it paid, hut he did not, and I owe her 12l. 10s. for lodging, as near as I can say—I and my husband together paid her 4s. 6d. a week; it has been 3s. 6d. since bis death; it was 3s. 6d. during 1851—if it was paid by anybody it was paid by the prisoner, and should all along have been paid by him—when my husband died I owed, I think, about 20l.—I do not know that Mr. Harvey paid that, because he paid by instalments.
EDWRD LITTLE . I am cashier at the Commercial Bank of London, in Henrietta-street, Covent-garden. In July 1851, the prisoner came to the bank—I can tell by the check what day it was (looking at it) it was the 26th, Mrs. Wood came with him—a joint account was opened in their names, and a sum of 210l. was paid into the bank on their joint account—Mrs. Wood was present at the time it was paid in—do paying that sum in, they left the bank—I next saw the prisoner, I think about two hours afterwards—he presented this check for 25l., purporting to be signed by himself, and also by Mrs. Wood—it had been arranged that both their names should appear on the checks—I produce several other checks—this one for 35l. I also paid him, and here are others for 85l., 30l., and three for 5l.
COURT. Q. You do not know who you paid them to, I suppose? A. I can only say positively with regard to the first check for 25l., that I specially marked in the book—they were all paid at our bank.
MR. COCKLE. Q. Look at that letter, did you receive that from the prisoner? A. I believe this letter came to the bank from the prisoner, I did
not receive it myself—I know the handwriting, it is the prisoner's (read, "House of Detention, Monday night. Gentlemen,—My mind is in the greatest anxiety, as you may well imagine, with respect to the position in which I am placed. Relying as I do upon your desire not to prosecute me; I trust on being able between this and the day of trial to make arrangement with Mrs. Wood for the reimbursement of the 210l. To the lost moment of my existence will I feel the effect of what hat occurred; with all my accounts scrupulously correct, every item of them provable. I have not from Dec. 1851 to the present moment defrauded Mrs. Wood of a farthing, and all that I have now in hand is 5l. 7s. 6d. besides the 210l. The landlord says I owed him 10l., but I am security by note of hand for him for more, and I cannot owe him anything till I am released from the security. As I told you before, this case of alleged fraud about the checks, arose from the simple fact of my expecting to be married the day before the very first of then was made payable, and I did not know it would be called a new account. Oh God! how unfortunate a wretch I have been.")—I think these three letters (produced) are written by the prisoner—(read—no dale—postmark, Aug. 25th, 1851, "Chiswick, Monday morning. My dear Mrs. Wood,—I have been confined to the house for the last two days; but am now better. I shall be up to see you to-night or to-morrow morning, and call with some money. I hope you are well. Tours in haste, W. HARVEY.—P.S. The annuity is now settled, and only requires your signature.")—("9th Sept. 1851, Middle Temple. My dear Mrs. Wood,—I shall be over to see you to-morrow evening, and you will require to come out the following day to settle up the affairs of the annuity. I will pay you the balance of the 5l. from the Merchants' House. I have not been in London for five days. Yours truly, W. HARVEY.")—("13th Sept. 1851. My dear Mrs. Wood,—I enclose half a sovereign, which will do you till the beginning of the week, when I will come over; I will tell you some news when I see you; the affair of the annuity is all now settled, and only awaits your signature. Yours truly, W. HARVEY.")
Cross-examined. Q. Was this an account current, or was it a deposit account? A. An account current, the usual account when money is paid in and checks drawn—I do not recollect that Mrs. Wood, when this charge was preferred denied to me that she had ever signed her name at the bank—I saw her after the charge was made, but I never beard her say so.
COURT. Q. When did you first see her after 26th July, when the account was opened? A. I think a few weeks before the prisoner was taken into custody, I do not know when it was, it was in Sept. 1852—that was the first time I had seen her since the account was opened, at that time the money was all gone.
PATRICK MADDEN . I am an occasional messenger at Clement's-inn—I have been employed by the prisoner to go on errands for him—I have taken checks from him to the Commercial Bank, in Henrietta-street—these two checks for 85l. and 55l., I took to the bank and received for him, and brought him back the money.
Cross-examined. Q. Have you taken money to Mrs. Wood from time to time? A. I have; I have not taken Post-office orders to her—I have taken several Post-office orders from the Money Order-office, in the Strand, snd I believe a portion of those money orders were for Mrs. Wood—I have taken the cash from money orders to Mr. Harvey, and he has enclosed it in an envelope or letter, and then I used to take and put them in the post—I have taken cash to Mrs. Wood, in 1851 and 1852, as well, I believe—
to the best of my recollection, the first day of 1852, I took I think it was 3s. or 3s. 6d.—it was all in small sums; such a thing as half a crown—that was the first money I ever took.
MR. HUDDLESTON. Q. What was the largest sum you ever took? A. I cannot say the largest sum I ever took—I have taken sums enclosed in a note—the largest sum I know of was about 3s. 6d.—of course I could not tell what was sealed up.
GEORGE GRIFFITH . I am a lighterman, and live at No. 19, George-street, Blackfriars-road—Mrs. Wood lodges with me, and has done so between five and six years—her husband died at my house—since his death I have seen the prisoner frequently at my house—daring that period I have received money from him, on behalf of Mrs. Wood's debt for lodging—I cannot exactly tell the sum, but I suppose I have received something about 24l., or 25l. altogether—that leaves now due to me, on account of Mrs. Wood, about 11l. 3s. or 4s.—in Aug., 1851, I was going to meet the prisoner at the Temple, by appointment—he had made that appointment by letter—I went to his chambers, he was not there, and on my way back I met him in Fleet-street—he had some papers in his hand—I asked him for some money—he said, "Well, I have not any, but I will try to get you some"—we went into a public house in the Strand, and had a pint of ale—he then went and borrowed, as he told me, half a sovereign, and he said, "I shall come and see you at 4 o'clock; I am coming over to see Mrs. Wood, for I have got the papers in my hand"—in fact, he said, "I have nothing more to do now, than to get her signature to invest the money in security for her to buy an annuity"—he had the papers in his hand, and he said he was going to prepare what was necessary, and at 4 o'clock he would come over, and let Mrs. Wood know, so that all that was required than was her signature for the purchase of the annuity—nothing was said about the money in the bank, or about her drawing money from the bank—I do not think anything more was said about her signature to anything else—I cannot charge my memory with whether the prisoner said where he was going at that time—I believe he did say something about where he was going, but where I did not ask him—the fact is, I did not know at that time, or until some time afterwards, that Mrs. Wood had any money in the bank.
Cross-examined. Q. Besides the 25l., had Mr. Harvey become security for 10l. or 15l. for you in reference to the debt, or was that a private matter? A. That was quite a private matter—he merely knew me as the landlord of Dr. and Mrs. Wood—he used to come to the house occasionally prior to the death of Dr. Wood—I did not know at all of his having frequently advanced money to Dr. or Mrs. Wood; I knew nothing of their transactions—I cannot say that I can answer whether Mrs. Wood was a person of temperate habits or not, for I do not pay much attention to their general manners.
WILLIAM POCOCK (policeman, F 14). The prisoner was apprehended in Oct. last by another constable; I had been looking for him several days—I was not present when he was apprehended—I was present when he was brought to the station—the constable who apprehended him searched him—I produce a receipt—I found it at No. 4, Apollo-court, Fleet-street, where I found the prisoner's two servants; I found it with a number of other papers on the first floor—there was very little furniture in the room, barely anything; they had not a bed to lie upon.
MR. LITTLE (re-examined). I think this paper is in the handwriting of the prisoner—(read) "London, 26th June, 1851. I hereby acknowledge the receipt of the sum of 99l. sterling, being part payment of the sum of 230l. sterling, for which amount I hereby bind myself to sell and convey to Mr. James
Morrison, of No. 16, Bishop-street, Anderston, Glasgow, that third portion belonging to me of the tenement situated there, of which tenement the said James Morrison already owns and possesses the remaining two-thirds; it being further hereby understood that the remaining amount of 131l. sterling, a fter deducting the costs of the charges for drawing up deeds of conveyance, and searches for the validity of title by Messrs. Marshall, Hill, and Hill, writers, West George-street, Glasgow, be transmitted to Mr. Wallace Harvey, my legal adviser here, immediately upon the execution of such deed of conveyance. Signed—CATHERINE WOOD."
JAMES BROWN (policeman, F 142). I apprehended the prisoner on 8th Oct., at the Chancellor's Head public house, Carey-street, Lincoln's Innfields—I afterwards went to his lodging in Apollo-court, Fleet-street, with Pocock—he said he knew the prisoner had some acquaintance there—when I took him into custody I told him he was charged with forgery on the Commercial Bank, Covent-garden—he said, "I deny it; I know nothing about it."
MRS. WOOD (re-examined). The signature to this receipt is not my handwriting—I never authorised the prisoner to put my name to it—the first time I saw it was in Pocock's hands, after the prisoner was taken.
MR. PARRY. Q. Did you not wish, at this time in June, 1851, to get an advance of about 100l. on your property, and did not you so state to Mr. Harvey? A. No; that I swear—nothing of the kind ever passed between me and him—I swear I did not authorise him to make any application, or to try to obtain that sum in advance.
(Witnesses for the Defence.)
CHARLOTTE ARNOLD . I was in the service of Mr. Harvey, I have been in his service three years last Oct. In March, 1851, I remember Mrs. Wood coming to Mr. Harvey's house—I was present when she came—it was in New Weston-street—Mr. Harvey rung the bell—I answered it, and he told me to tell my aunt to come up, and be a witness to what passed between him and Mrs. Wood, and I was to come up too—I fetched my aunt, and we came into the parlour, and Mr. Harvey then said, "This is a bank letter that I have received from Glasgow"—he then signed his own name to this letter—and he signed Mrs. Wood's name too—he then wiped the pen, and gave it to Mrs. Wood, and told her to trace the dry pen over her name; she did so, and she remarked to my aunt that trouble had made her so nervous that she could not sign her own name, and that she had given Mr. Harvey power to sign her name and receive any moneys that came for her, and that Mr. Harvey was going to allow her an annuity of 12s. a week; and that she was going to lend him her money—she mentioned the sum 210l.—she said she was going to lend him 210l., and she said she wished it was thousands instead of hundreds, for his being so kind to herself and her husband; and that had it not been for him they should have starved—I remember Mrs. Wood calling on Mr. Harvey in Sept., 1851; it was at his chambers.
COURT. Q. Were you there? A. Yes; I used to go there, and clean his chambers, and do anything.
MR. REED. Q. Have you any particular reason for remembering the month of September? A. Yes; I remember Mr. Harvey saying to Mrs. Wood, that the Exhibition would soon be closed, and that he should take her to it—that was on this occasion.
COURT. Q. Just tell us what happened when she called? A. Mr. Harvey took a book out of his writing desk, and said to Mrs. Wood, "This
is the last 5l. of the 210l.;" she had not said anything before that, nor had he; that was when she came in—he was at home when she called—she went in to him—as soon as she came in, he said, "How do you do, Mrs. Wood?"—she said, "Quite well, I thank you, Sir; how do you do?"—he told her to be seated; and he then sat down and produced this book, and said, "This is the last 5l. out of the 210l."—she said, "Very well, Sir"—he said, "I will draw it out—he then wrote his own name in the book; and he then said to Mrs. Wood, "Shall I or you write your name, Mrs. Wood?"—she said, "No; write it yourself, as you always do"—he then wrote Mrs. Wood's name in the book, wiped the pen, and gave the book and the pen to Mrs. Wood, and told her to trace the dry pen over her name; she did so—Mr. Harvey then said to me, "You are a witness to what has passed between me and Mrs. Wood?"—I said, "Yes"—he then tore a leaf out of the book, and put it in his pocket—that was the leaf he had been writing on—and he put the book back in his desk.
MR. REED. Q. Do you know if that was a check book? A. Yet; I have heard since it was.
COURT. Q. What happened when he had put the book into his desk? A. He asked Mrs. Wood if she would take a glass of wine—she said she would—he told me to wash the glasses, and he gave Mrs. Wood a glass of wine, and took some himself; he then went out—Mrs. Wood went out with him to go home.
MR. REED. Q. Have you, by the direction of Mr. Harvey, ever called on Mrs. Wood? A. Yes; I first called a few days after I came to Mr. Harvey's, that was in Oct., 1850; that was when her husband was alive—I went to take a message for Mr. Harvey, a letter and some money in it; I do not know what money it was—I gave the letter to Mrs. Wood—from that time up to Oct. in the last year, I have been frequently by the direction of Mr. Harvey to the house of Mrs. Wood; I have been on every occasion to take money and letters; I have been three or four times a week—I mean regularly three or four times a week, sometimes I would go for two days together, and them I would not go for two days more—I always went three or four times every week—I took money on each occasion—I told Mrs. Wood, by the direction of Mr. Harvey, upon what account the money was given—I Used sometimes to say that it was her annuity; at other times I took it and said I had brought it from Mr. Harvey; she used to say, "Tell Mr. Harvey I am much obliged to him"—I remember, in June, 1852, purchasing a receipt stamp—that was by the direction of Mr. Harvey—I do not remember what year it was in exactly—I do not know what month it was in; yea, it was in June, but I do not remember what year (looking at the receipt); I believe this it the stamp that I fetched, it is just the same sort of stamp—I know for what purpose it was obtained—Mrs. Wood came into the Temple in June; I am sure it was June; it was not last June, it was the June before—Mrs. Wood came to Mr. Harvey's chambers, it was about 2 o'clock in the day; I was there—the usual salutations passed, and Mr. Harvey said, "Now, about this annuity; I will send Charlotte for a stamp; "I went out, fetched the stamp, and brought it back; Mr. Harvey then took it, and wrote something on it, and Mrs. Wood then signed her name to it, and Mr. Harvey then said he would give her the annuity of 12s. a week—Mrs. Wood told Mr. Harvey to hurry the people in Glasgow to sell the property as soon as possible, and Mr. Harvey said, very well, he would—I remember taking a check book from Mr. Harvey to Mrs. Wood—that was in August, 1851—he told me to tell Mrs. Wood to look over the accounts, and that I would call for it in the
morning; I delivered that message; Mrs. Wood said would I wait for it then—I said, no, I would call for it in the morning—she said, "Very well"—I called for it next morning; I saw her, and she said I was to tell Mr. Harvey that she had counted over the money, and all was right—I remember on one occasion Mrs. Wood lending Mr. Harvey a sovereign—that was in July, 1851; it was just by the Temple gate—I was there—I was waiting for Mr. Harvey at the Temple gate; his chambers were in Middle Temple-lane—Mrs. Wood and Mr. Harvey came through Temple Bar, and when Mr. Harvey saw me, he said to me, "Oh! I suppose you want some money?"—I said, "Yes;" he then said to Mrs. Wood, "Lend me one of those sovereigns to give to Charlotte, and I will go back to the bank and draw out 25l. or 30l.?"—Mrs. Wood said, "Very well"—she gave me the sovereign, wished Mr. Harvey good bye, and went down Middle Temple-lane; Mr. Harvey went upstairs; I went up to fetch a basket, and saw Mr. Harvey sit down and write something in a book, and tear out a leaf and put it in his pocket—I returned the sovereign; I went over to Mrs. Wood with it the same afternoon—we were living at Chiswick at that time—it was my custom to come down to him for money if I had none at home, and I had to go to Mr. Harvey to bring some things down to Chiswick.
Cross-examined by MR. COCKLE. Q. Where have you been living for the last few months? A. I have been living at No. 3, Hampstead-street for this last month—since July I have been living most of the time in Apollo-court; I do not know where Mr. Harvey was living during that time—he was not living in Apollo-court with me and my aunt; he used to come in of a day—he used to come in sometimes and stop for an hour or two—he was not to say living there; he used to come in of a day—he did not sleep there; I think he had his chambers for about two years—he has not given them up that I recollect—I was in the habit of going to his chambers; I last saw him there about a month before he was taken into custody—I do not recollect when it was—I have seen him there since July, I saw him there about a month before he was arrested—I have been there very frequently without finding him there—I have gone there to fetch letters, which I have given to the prisoner after fetching them—I used to meet him at different places—sometimes he would appoint some street to meet me; sometimes he would appoint by Waterloo-bridge, and sometimes by Temple-bar—his chambers were in Middle. Temple-lane—he never told me why he did not go himself, I never asked him.
Q. What wages did you receive from this man? A. 4l. a year—I was to have received 4l. a year—I last received money on account of my wages about a week before Mr. Harvey was taken into custody—I did not then receive all that was due to me—he does not owe me money for anything else besides wages—my clothes are not in pawn for him—there was some of mine and my aunt's clothes in pledge—they were pawned for my aunt and myself—the tickets were found upon Mr. Harvey, I believe—I gave them to him—Mrs. Wood has never asked me since July for the prisoner's address, or where he was—I have never refused to give her his address; she never asked me—I have never told her that I did not know where he lived, or did not know his address—my aunt is here—I saw the name signed to the check in March, 1851—I saw the prisoner put a name to it—at the time the prisoner was taken into custody my aunt had not a black eye—I did not see the prisoner taken—I did not hear anything said to my aunt about a black eye in the prisoner's presence, by the officer or any one else.
MR. PARRY. Q. As to these pawn tickets, did you give them to Mr.
Harvey yourself? A. Yes; that was for the purpose of redeeming them for me.
RHODA HEFFERMAN . In 1846 I became housekeeper to Mr. Harvey—I had previously lived as cook and housekeeper in various families; in noblemen's families—I remember about 1849 Mr. Harvey becoming acquainted with Dr. and Mrs. Wood—I knew the habits of Dr. and Mrs. Wood as regards temperance—I knew Dr. Wood personally—I have frequently seen him—I have known Mrs. Wood from that time—I have seen them very frequently come in an intoxicated state to Mr. Harvey's, and likewise in Essex-street, Strand—I have repeatedly seen Mr. Harvey supply Dr. Wood with money and food in 1849; that was very frequent—the girl was employed to take it, but I frequently made the parcel up—I have only taken it myself on one occasion—I remember about a sum of money of about 210l. coming to Mrs. Wood; I always understood it was 210l.—Mrs. Wood has spoken to me of Mr. Harvey's kindness to her—she told me that but for Mr. Harvey they would have been starved, and she particularly requested me to give her Mr. Harvey's mother's address, that she might write and say what a good son she had to keep them from starving, but I did not do so.
Q. Have you ever had conversation with Mrs. Wood about some money that she had lent or advanced to Mr. Harvey? A. I have; it was in the Temple—it was about three weeks after I went to Chiswick, which was on 9th May, 1851; it was about the commencement, or sometime in June; I cannot speak exactly to the date—she told me she had lent Mr. Harvey her money; that she had placed it in his hands to act as he thought proper with, and he was going to allow her 12s. a week as an annuity, and when he failed to do that he was to return her the 210l.—nothing more passed at that time—she was always speaking of his kindness towards her, and so forth—the property she was entitled to was at Glasgow.
Q. Do you remember at any time being called by Mr. Harvey to witness any signature? A. I do; that was in Weston-street—I know it was in March, and it was after Dr. Wood's funeral; and Mr. Harvey then went to Scotland—I perfectly recollect that it was in March, 1851—the young girl, my niece, and myself were called into the little back parlour—Mrs. Wood and Mr. Harvey were there—Mr. Harvey said, "I wish you, Mrs. Hefferman, to be a witness to a transaction between Mrs. Wood and myself;" he then produced a letter, and wrote her name in it—he then wiped the pen, gave it into her hand, and said, "Now, Mrs. Wood, trace your name over what I have written"—she did so, observing to me at the time, "Mrs. Hefferman, the troubles I have had has made my hand shake so, and so nervous, that I cannot write;" and she said, "From this time I give all my affairs into Mr. Harvey's hands, as I consider it safer in his hands than in any one elses"—he then said, "Charlotte, you and your aunt are both witnesses to this."
Q. At that time did you know whether Mrs. Wood had disposed of her property or no? A. Not at the time that this paper came there—Mr. Harvey told me it came from a merchant's house in Glasgow—to the best of my knowledge the property was disposed of in July.
Q. You mentioned just now, that in a conversation you had with Mrs. Wood in June about her property, that it was sold? A. That I am not aware of, only she told me at one time she was going to sell it, and then she told me that she had disposed of her property, and that Mr. Harvey was paying her 12s. a week as an annuity—it was in June, 1851, that she first told me she was going to dispose of her property: and the property was
disposed of in July, I know that—I heard of its being disposed of in July, and saw the money—I cannot recollect the exact date when she told me the property was sold, but I think it was about the second week in July—we remained at Chiswick nine months—we went in 1851, and left finally on 11th last July—I remember Mrs. Wood coming to Chiswick between May, 1851, and July, 1852, it was on a Sunday—the girl opened the gate—she said, "Charlotte, your long-expected visitor is come at last"—I was in the garden—I came and spoke to her; and she said to me, "Do you think, Mrs. Hefferman, that Mr. Harvey has plenty of money to day, for I want him to advance me 2l. 8s., for a particular occasion I require it for, out of my annuity?"—those were the words as well as I can recollect—I lived in Weston-street at one time—that was before I went to Chiswick—Mrs. Wood has, to my knowledge, frequently come to Mr. Harvey to write letters for her; and she has frequently left letters and small packets, and said, "Ask Mr. Harvey to open these, and write letters for me in my name, as he has done before, and make them as much like a female hand as possible—I was not a witness on the occasion of her asking Mr. Harvey to sign a check upon Glynn's—the girl told me she was a witness—I have frequently seen Mr. Harvey give money before the death of Dr. Wood—he has left money with me to give him at his chambers.
Q. Do you remember a Captain White, from Leith, at any time calling at Mr. Harvey's, at Chiswick? A. I do; he called and asked if Mr. Harvey was at home—Mr. Harvey was in town, but I expected him home early—he remained about an hour and a half, and, on leaving, he told me to say to Mr. Harvey that Captain White had called, that he had made all the inquiry he possibly could in the business that he wished, and the only information he could obtain was, that David Baine had left England, and gone to America, and that he was believed to be dead—I gave that message to Mr. Harvey; and he said, "Mr. David Baine was Mrs. Wood's brother"—this was about the middle of July, 1851, it was during the Exhibition—it was in July, I know.
Q. Have you at any time seen this book; just look at it? (Holding up the one shown to Mrs. Wood.) A. I have; I know it from this distance well, it is a little book in which Mr. Harvey used to put down the amounts he gave to Mrs. Wood—I cannot tell when I first saw that book, for I have seen it so frequently in his hands; and when he used to send the girl with money, he used to be putting down the sums—I could not swear that I ever saw it before Dr. Wood's death, but I think I did—I frequently saw it after his death—I have seen it from time to time in the prisoner's hands—I have seen him and Mrs. Wood in the room, and this book on the table, when they have been speaking—I have seen that on several occasions.
Cross-examined by MR. COCKLE. Q. Do you happen to know where this man has been living since last July? A. I do not; I only know that he has had lodgings, but I never was at his lodgings—I was his housekeeper and servant during all the time—some part of the time between July and his being taken into custody he was in the Temple—I went to see him in the Temple—the last time I went to see him in the Temple was last July—that was the last time I know of his being in the Temple, and just the first week in August—he was living in town during August and September, except one week that he was in the country.
COURT. Q. When he was in town, do you know where he was lodging? A. Well, Sir, the fact is, I never was at his lodging—he told me he was lodging near Bond-street at first, and afterwards that he had taken a lodging in Catherine-street, Strand, but I never was there.
MR. COCKLE. Q. Was he living with you in Apollo-court? A. Never; he was never living at my house there—he was not in the habit of coming there every day—he was not lodging in such a place as that—he did not come there every day, but he would come almost every day, or every second day—I had not seen him for three days before he was taken into custody until that morning—he used to come to give me money to get food with—he used to come every day, or every second day, up to the time he was taken iuto custody, except the time he was out of town—he came up to the time he was taken into custody—Apollo-court is a very short distance from Middle Temple-lane, just opposite—my niece was in the constant habit of going from Apollo-court to the Temple, every day, for letters—sometimes she brought them to him there; and sometimes he would say, "Charlotte, go and get my letters, and meet me with them."
Q. How many times has Mrs. Wood applied to you for the prisoner's address? A. For his address, Sir? I can only say she never asked me for his address, she always knew where to find him; it was for his mother's address she asked me; she never asked me for his address, that I can swear—I refused to give her his mother's address; I never refused to give her his address—I refused the mother's address without the sanction of Mr. Harvey—I told him of it afterwards, and he said I did right.
Q. You have said you are his housekeeper and servant; when did you last receive any wages from him? A. Oh, that was a matter I always trusted to Mr. Harvey—he has given me money as I have required it, to purchase clothing, but I always believed in Mr. Harvey's honesty of intention towards me, that when he got on in his profession he would pay me for all—I was constantly in the habit of receiving money from him for clothing and food, up to the very morning he was taken—I have never had any regular wages from him—I have received some pounds from him; I always left it in his hands—it was an understood thing; I was not pressed for money exactly—I received some money from him on the very day before he was taken into custody; that was for food and clothing—I have received pounds and pounds from him, in the course of six years—I have not been in the habit of lending him money lately; not within the last six or nine months—I have not had it in my power, if I had, if it was thousands, I would have lent it to him or given it to him—I have not lent him money within the last twelve months—I have applied to him for money within that time, when I required it—I repeat the answer, that if I had thousands I would lend it to him, or give it to him, if I had it at this moment.
Q. Why, have you not accused him of ruining you? A. Oh, never!—ruining me! never.
Q. Answer, yes or no—Have you never accused him of ruining you by his drunkenness and extravagance? A. Oh! words which might have been spoken when there was words between me and the girl, and he took her part.
COURT. Q. The question is, Did you ever say so? A. I might possibly—I am of a warm disposition, and I might have said it.
MR. COCKLE. Q. You might have said that he had ruined you by his drunkenness and extravagance? A. I might have said such a thing; I do not always stand upon what I say when I am warm.
Q. Did not you charge him with breaking your bonnet? A. Oh, that is nothing; perhaps I might have made a claim upon him for breaking my bonnet and knocking me down—it was my fault; the young girl was impudent to me, and Mr. Harvey came in at the time; I obstructed his passing out,
and he pushed me; I deserved it, I know—I swear positively that was the occasion of it—the policeman asked me some questions, and if he is in Court he can tell you the same; there he is, I know him—I told him that I obstructed Mr. Harvey's going out—I had no black eye; it was merely a push he gave me; I told the policeman I had had a push—when he asked me who gave me the black eye I told him that I had obstructed Mr. Harvey in going out at the door, and he pushed me.
Q. Did you say anything about your refusal to sign papers for him? A. To sign papers for him?—well, let me recollect, do not be in such a hurry; you ask me so many questions—yes, yes; I know perfectly—I will answer you.
Q. Did you tell the policeman that it was because you refused to sign a paper for him? A. It was just that—I offended him, because he made out a lot of scribbling papers and said, "Sign this" and I said, "No, I will sign no such stuff, put it in the fire"—it is possible I might tell the policeman that—I did not tell him that was the reason I was struck, and my bonnet broken—I certainly did not tell the policeman that the reason why I had been assaulted and my eye blackened, and my bonnet broken, was because I had refused to sign some papers which the prisoner wished me to sign—I could not say such a thing—the night before this occurred he pushed me.
Q. What did you mean, then, by saying just now that there was a parcel of papers which you would not sign? A. Well, I say a few—nothing but papers of our own; it was wages and his own affairs, and he was writing all this stuff down, and I accused him of cruelty—I was certainly angry, because he pushed me—I refused to sign a paper about my wages.
COURT. Q. Let me understand—Were you asked by him to sign a paper about your wages? A. I was, and I refused to sign it—it was not then that he struck me; that occurred the night before; he did not strike me, he pushed me.
MR. COCKLE. Q. Did you see the person who came to give information about Mrs. Wood's brother's death? A. Yes; that was the only day I ever saw him—he told me that Mr. Harvey knew his address where to write to him.
MR. PARRY. Q. You say that you had some dispute with the prisoner, and that you are rather of a warm disposition? A. I am, Sir, very warm—the prisoner has always dealt most honourably by me—I think I should know Mrs. Wood's handwriting; I have seen her handwriting—sometimes she was in the habit of having other persons to write for her.
HENRY JOHNSON . I am a grocer and teadealer, residing at No. 152, Surrey-street, Blackfriars. I do not know Mrs. Wood—I have not got any Post-office orders here—I was not desired to bring them, they are not in my possession—here is the notice I received (producing it); the books in which they are entered are in actual use; I could not bring them.
(The witness was desired to fetch them.)
HENRY JOHNSON re-examined. I have brought the books—(looking at a book); on 25th Oct. 1851, I paid a Post-office order from the office, No. 254, Strand, for 5s.—on Ist Nov. another for 4s.—one on 4th Nov. for 15s.—one on 8th Nov. for 1l.—one on 15th Nov. for 4s.—one on 17th Nov. for 3s.—one on 29th Nov. for 4s., and one on Dec. 11th for 4s.
COURT. Q. Does your book show who received it? A. The orders are all signed "Catherine Wood"—the entry in my book is "Catherine Wood;" she would not sign the book, but the order.
MR. PARRY to CATHERINE WOOD. Q. Have not you taken at least twenty
or thirty orders to Mr. Johnson's? A. I cannot say to the number, I took a good many—I do not recollect whether I received 1l. by Post-office order from the prisoner, on or about 8th Nov. 1851; or 15s. on the 4th; or 15s. on 11th Nov. 1851—in Sept. 1852, I received 15s.
COURT. Q. Have you received between 6l. and 7l. by Post-office orders? A. I have.
Q. Some time in March last year, 1851, when the prisoner was living in Weston-street, did you go to his house, and in a room in which Mrs. Heffer-man and the girl Charlotte were present, hear the prisoner say to you, "This is a bank letter I have received from Glasgow," and sign his name to the letter, and yours too: and did he then wipe the pen and give it to you, and tell you to put the dry pen over the name? A. I never was in Weston-street, nor were those women in my presence in any business transaction with Mr. Harvey.
Q. In Sept. following, were you at the chambers of Harvey when he took a book out of his writing desk, in the presence of the girl who is here, and said, "This is the last 5l. out of the 210l.," and did you say, "Very well;" and did he then write his name in his own book, and say to you, "Shall you or I write your name in the book;" and did you say, "No, write it yourself, as you always do?" A. Never; such a thing never passed—I never signed the receipt which I have already spoken to; I do not know for what purpose it could have been drawn up—I did not tell the housekeeper, about 1st June, that I had placed my money, 210l., in Mr. Harvey's hands, and that he was to allow me an annuity of 12s. a week; never.
Q. Did you go one Sunday to Chiswick, and tell Mrs. Hefferman you wanted Mr. Harvey to advance you something out of your annuity? A. I never saw Mrs. Hefferman that Sunday—I never went to Mr. Harvey, and asked him to write letters for me, and ask him to make them as much like a female hand as possible; I can write my own letters.
(John May, a surgeon; William Matthew Shepherd, a surgeon; and Edward Enfield Ballard, physician, of St. Thomas's-street, Borough, gave the prisoner a good character).
GUILTY . Aged 30.— Transported for Fifteen Years.
(There were other indictments against the prisoner).
NEW COURT.—Wednesday, December 15th, 1852.
PRESENT—Mr. Ald. HUMPHERY; Mr. RECORDER; Mr. Ald. MOON; and Mr. Ald. LAWRENCE.
Before Mr. Recorder, and the Fifth Jury.
GUILTY . Aged 27. (He received a good character, and his master promised to employ him again.)— Confined Three Months.
116. WILLIAM ROGERS and EDWARD JENNER , burglary in the dwelling house of William Davis Salter, and stealing 3 coats and other goods, value 2l.; his property. MR. HENRY JAMES conducted the Prosecution.
WILLIAM WESTON (policeman. T 75). On the morning of 11th Nov. I was on duty at the rear of the Grove at Hammersmith at a quarter past 4 o'clock—I saw a light at the side of Mr. Salter's house—I stood a few minutes, and saw three persons come into the scullery; one of them with a
candle in his hand: he was followed by two more—the prisoners were two of the persons; I had an opportnnity of seeing them well, and am quite certain they are the persons—I made the best of my way round to the front of the house, and when I passed that and got to the side door they put the light out—I made an alarm, and some man's voice inside answered, "It is all right—it is only the servants"—Mr. Salter soon came to me, and while I was talking to him I heard the front door open—I made my way to it, and before I got there I saw Rogers come off the step, and Jenner following him down the steps—they both had come out of the door—I followed Rogers; Jenner retreated the back way—when Rogers left the steps he ran, and I ran and took him about 200 yards off—his shoes were off—I took him back to the house; I examined the house when I got back—I found three pairs of shoes outside the side door; I took them up into the front room, where I had left Rogers with Mr. Salter—Rogers pointed to the shoes, and asked me to let him put his shoes on—I asked him which they were, and he said, "These Bluchers"—pointing to them—I went down to the passage, and close by the side door I found three coats, a gown, a victorine, a meerschaum tobacco pipe, a toast rack, and a hat—they were lying on the ground, rolled up together—in the kitchen I found an axe—I examined the house, and found that a little window, which entered into a water closet, had been pressed open—there was a towel lying on the seat, and there was dirt on the towel, as if some person had stepped on it—the window turns upon a swivel, and the top part was pressed in—the opening was fifteen inches by seven; it was large enough to admit a man—the buttons where the window fastened had been bent up.
Jenner. Q. You say that you looked through the window, and saw me with a light; which window was it? A. The scullery window—it is a large window.
COURT. Q. Were you standing on the footway? A. Yes; there is not a railing—it is a wall which I could see over from where I stood—the scullery window is about twenty-five yards from the wall—it is on the same level with where I was—I was not looking down—I looked at the men for about a minute—I saw their faces—Jenner carried the light—I had not seen him before—I identify him from seeing him the second time on the steps.
WILLIAM DAVIS SALTER . I live at No. 10, Grove, Hammersmith. On the night of 10th Nov., I went to bed at a little after 12 o'clock—before going to bed I examined the house—I went round to the outer doors; they were all bolted—I cannot say whether the water closet window was closed—I did not open the water closet door—these coats are mine—when I went to bed they were hanging in the passage upstairs—I was the last person up—this hat was in the passage—this dress was in the parlour—it belongs to my daughter—she was working at it that evening, and left it in a chair in the parlour—I have no doubt this toast rack belongs to me—it was usually kept in the kitchen—this pipe I believe is my son's—he had one, and he has lost it—this axe I can identify—it was kept in the safe under a shelf, and I saw it the next morning in the kitchen—I should say the value of these things altogether is about 5l.—the policeman brought Rogers upstairs, and gave him into my custody while he went about the house—he brought up three pairs of shoes—Rogers was without shoes, and he said, "Let me put my shoes on?"—the officer said, "Which are your shoes?"—he turned round, and pointed, and said, "These are mine."
COURT. Q. Did you pass by the door of the water closet that night? A. Yes, to go to the side door—I do not think I looked if the door of the
water closet was open—I examined the button of the water closet window a day or two afterwards—it was a little bent—I do not know whether it was bent enough to let the window open—if the button had been quite turned, I do not think it would, but it might have been only partly turned—the window is about five feet or five feet and a half from the ground—when a person got into the water closet, they could get to the rest of the house.
JOSEPH LACK (policeman D 156). In consequence of what I heard I went to the Marylebone Theatre on 22nd Nov.; I saw Jenner there—I told him I wanted him—he said, "I will come with you"—I took him to the station—I tried on one pair of boots produced by Weston, and they fitted him.
WILLIAM WESTON re-examined. I found these three pairs of boots outside the house in the passage—they were about three feet from the water closet window—when Jenner went off the step he ran—he jumped off the step I behind me, and ran off to the hack premises.
Jenner, The officer said he could see twenty-five yards off through the scullery window, and the gentleman said there were blinds to the scullery window.
MR. SALTER. There are no blinds to the scullery window—there "are to the kitchen window.
Jenner's Defence. I was at home, and in bed at the time—is it possible the officer could see me twenty-five yards off?
WILLIAM WESTON re-examined. When Jenner came out of the door, I was as near to him as I am to this men who is next me—but I saw Rogers going off, and I thinking he had some property, followed him and took him.
Rogers was further charged with having been before convicted.
JAMES MASON (policeman, S 168). I produce a certificate of Rogers' former conviction, by the name of William Mack—(read—convicted Jam. 7, 1852, of stealing a table cloth, and other things—Confined Six Months)—Rogers is the man—I was present.
Cross-examined by MR. HORRY. Q. How many trials have you been at since? A. Two or three—I have been a witness at police courts, perhaps a dozen times—I cannot tell you the case in which I was a witness immediately after this prisoner was tried—nor the name of the last case before—I have no doubt I could identify the person against whom I gave evidence afterwards—Mrs. Phillips was the prosecutrix of Rogers—I have seen her since in the street—I have not been to the House of Correction to see whether any person named Mack was there.
COURT. Q. You took the prisoner on that occasion? A. Yes—he and two others were loitering about; I watched them some time—they stole the articles from a garden—I stopped Mack with the property.
ROGERS— GUILTY .* Aged 18.
JENNER— GUILTY .** Aged 21.
Transported for seven years.
MR. ROBINSON (offered no evidence,)
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
ROBERT LYONS . On Sunday night, 21st Nov., I was at the Ship and Rising Sun, in High-street, Shadwell—I saw the prisoner there, and Hutchinson and Reed—the prisoner had his brother and a young woman with him—the young woman went in a fit—she came to again—after she came to the prisoner hit Reed in the eye with a glass, and broke the glass—it was a half-quartern glass—the size of a wine glass, and had a foot to it—Reed had not done anything to the prisoner—after that Hutchinson put his hand on his shoulder, and said, "You villain! what did you do that for?"—the prisoner laid hold of him by the scarf, at the back part of his neck, and hit him two or three times over the back of the head—the prisoner's brother took him out at the door, a man was standing outside, and be threw the glass at the man—it was between 10 and 11 o'clock—the prisoner was not the worse for liquor—after he threw the glass be ran down Gold's-hill—they followed him—he fell down, and got hold of two handfulls of oyster shells—when he fell they caught him—the policeman was at the corner, and he took him—he did not throw the oyster shells—Hutchinson bled profusely.
Cross-examined by MR. ROBINSON. Q. How long had you been in the house? A. About an hour and a half with Hutchinson—when the woman went in the fit the prisoner took her outside, and brought her in again to the bar—he called for a glass of gin to revive her—she was some time before she came to—this blow was given with a full glass—the gin was in the glass; he was going to give her the gin—the prisoner was close to Reed at the time—there was no observation made by any person—this blow was given to Reed without his doing anything—he was standing with his hands in his pockets talking to me—he was standing facing the prisoner—there was no one saying anything that I know of, only the prisoner's brother—I saw nothing done by any one—as I came in I lent Mr. Cooper's servant a comb to comb her hair, and a man said, "One dog and one bone"—that was when he began to jaw me about lending the comb—I heard the girl say once or twice, "Let me alone—let me alone"—and she had done that while she was in the yard, after the fit—at the time this was done to Reed, Hutchinson was sitting on the seat—and as soon as this was done Hutchinson got up, and put his hand on his shoulder—it was done lightly—'Hutchinson has a lightish hand—he said, "You villain! what did you do that for?" and put his hand on his shoulder quite in a mild way—he did not put his hand on his collar, nor strike him at all—Hutchinson did not seize him by the hair—he seized Hutchinson's hair—Hutchinson got hold of the glass, to try to get it from him, after he had cut his head—Hutchinson did not strike him—he could not, his head and arms were both down—when the prisoner got out he threw the glass at a man who was standing. outside, and ran down Gold's-hill—that man had been in the house—there were three who ran after the prisoner—they did not get him before he fell down—I did not go to him—I saw him down—I swear he went down before they got to him—they caught him by the collar, and called "Police!"—the police came round the corner and took him—nothing unkind was done to the prisoner by me, or Hutchinson, or Reed—I was drinking some beer during this time—it was Hutchinson's beer—the prisoner did not say it was his beer.
COURT. Q. Had you or any person in the company taken any liberty with the young woman? A. No.
JOHN REED . I was in the public house that Sunday night, I got a cut in the eye from the prisoner—I had not done anything to him—I did not see what was done afterwards—I was knocked stupid by the blow.
Cross-examined. Q. Where were you standing? A. With my back against the corner—I did not see the person who gave me the blow—the prisoner might he standing by me; I did not see him.
EDWARD HUTCHINSON . I was at the Ship and Rising Sun—I saw Reed there, and the prisoner—I saw the prisoner raise the glass, and strike Reed in the left eye—I rose up off my seat after he had cut Reed in the eye—I put my hand on his shoulder, and said, "You villian, what did you do that for"—he caught me by the scarf, and was like to choke me—I sung out for him to let me go—he took me by the hair of my head, and struck me on the back of my head with the glass—I went to the hospital—I came out on Wednesday—I had not done anything to the prisoner before this.
Cross-examined. Q. Do you mean to say that was all you said or did? A. Yes—f put my hand lightly on his shoulder, I was sitting before him—when he turned about to strike Reed, be turned his face from me—I saw the young woman—I do not know whether the prisoner teemed anxious about her recovery.
JOHN CONNER (policeman, K 100). I took the prisoner in custody, near Gold's-hill, Shad well—I found him lying down—there were some persons there—I have some glass which a man picked up in the street, and gave me—this is the glass (produced), and this is another pattern glass.
Cross-examined. Q. When you took him up what were the other men doing? A. Standing round him—none of them had hold of him—this was about half past 10 o'clock—he had not a pair of black eyes—he had one, and that slightly.
COURT. Q. Was it black or not? A. It was but slightly—I saw it black about a quarter or ten minutes before 11 o'clock—it was not swelled.
Cross-examined. Q. How long was it after you picked him up that you saw it was black? A. Ten minutes or a quarter of an hour—he said the others had assaulted him.
ALFRED JAMES DALE . I am house surgeon at the London Hospital. Hutchinson was brought there suffering from an incised wound on the back of the head; he had only one wound—I should think it was such a wound as might have been inflicted by this broken glass—it was a large gash three or four inches long, and half an inch deep—he was bleeding a great deal, it might have been dangerous in its consequences—he was an in-patient from 21st Nov. till 6th Dec, when he was discharged.
Cross-examined. Q. Then it would appear that what inflicted the wound had been drawn across the head? A. Yes—I referred to erysipelas coming on—that will occur from very trifling wounds sometimes.
MR. PAYNE. Q. Supposing a man's head held down by his hair, and the glass to be used in that way would that account for the appearance you saw? A. Yes.
COURT. Q. Was it such a wound as would disable a man from going to work? A. Yes; an eye would get black in a day or two—at any rate not for some hours after a blow.
MR. ROBINSON here stated that he could not resist a verdict of unlawfully wounding.
GUILTY of unlawfully wounding. Aged 25.— Confined Three Months.
MR. RYLAND conducted the Prosecution.
THOMAS SPRATT (policeman, D 288). On Monday, 22nd Nov. I was on duty at the coiner of Prince's-street, Oxford-street, about one o'clock in the morning—I was standing still—the prisoner came up to me, and said, "You b—y thief, I have been looking for you some time; you attempted to rob me just now, I shall take your number"—I was in uniform—I had never seen him before—he put his hand in his pocket, to pull out his pocket-book, as I thought; he pulled his hand out again, and struck me on the side of the head with his list, and ran away—the blow did not produce any serious effect on me, and I ran after him to take him into custody—I overtook him crossing the road—I had come up to him, but bad not touched him—he turned round, took a stone bottle from under his coat, and struck me with it with all his force—he said, "There, you b—r, take that"—he struck me on the left side of my face, just under my eye—the blow felled me to the ground; after I had fallen he said, "I have not done with you yet," and he struck me three times with his fist in my mouth while I was on the ground, and he kicked at me; and after that I cannot recollect anything else—I did not come to my senses till 5 or 6 o'clock in the morning—I cannot say that I remember the medical man coming to me—I have not been on duty since.
Cross-examined by MR. SLEIGH. Q. Was not the prisoner very drunk? A. He was drunk, but not so drunk but he knew what he was about—I had no more conversation with him before he struck me; not a word—the very first words made use of by him were what I have said—he walked up to me—I was talking to Beckett, another policeman—we did not immediately secure him, because he ran away—I was unable to seize him before he crossed the road—Beckett followed roe—he was not quite close to me—the prisoner ran forty yards before I overtook him—he did not say anything to me then, but struck me with this bottle—I had not been drinking, or been in any house at all—I had not seen the prisoner on any previous occasion—When he came to me, and talked about taking my number, he put his hand in his pocket; I supposed he was going to take out his pocket-book, but he took his hand out of his pocket and struck me with his first.
HENRY BECKETT (policeman, D 231). I was on duty, and was talking to Spratt when the prisoner came up and said, "You are the b—r I have been looking for; you attempted to rob me, I shall take your number"—he put his hand in his pocket, took it out, struck him, and ran off—I followed, and was half-way across the road; the prisoner took a bottle from his pocket, and struck Spratt to the ground; and when he was down, he struck him one, two, three; one after the other, and kicked at his head while he was down—I did not see him kick him more than once—when he had done this he ran down a passage—the first thing I did was to go and pick up Spratt who was bleeding profusely—I set him against the wall, went after the prisoner, and overtook him three parts of the way down the passage; I attempted to take him—he set his back against the wall, and put himself in a fighting attitude—after some considerable resistance, I took him in custody—I got him out of the passage, along Oxford street as far as a public-house, where another constable came to my assistance—as soon as the other officer put his hand on the prisoner's shoulder, he put his foot between his legs, threw him down and hurt his shoulders very much—I saw these pieces of a whisky-bottle picked up by a female close by where the blow was given—as soon as I had secured the prisoner I went back to Spratt—he was not sensible—I attended upon him until the medical man came—he remained insensible for some hours, and has not been on duty since.
Cross-examined by MR. PARRY. Q. You know that Spratt gave him no provocation? A. None whatever.
GEORGE WILSON . I am a surgeon, and live at Baker-street, Portmansquare. I was called to see Spratt on the 22nd. about 2 or half past 2 o'clock in the morning—he was just returning to his senses; I could make him answer questions by speaking loudly—I found a lacerated wound on the side of his face, both above and below the eye—he had bled a great deal—he is still on the sick list, and under my care—when I first saw him there were symptoms of concussion of the brain—the cut was not dangerous, but any blow that produces unconsciousness must be considered dangerous—another medical man had seen him before I did.
Cross-examined by MR. PARRY. Q. You hope he will be able to attend to his duty again? A. Yes, I hope so.
(The prisoner received a good character.) GUILTY of unlawfully ounding.
Aged 24— Confined Four Months.
120. WILLIAM WEEKS, JOHN HUGHES , MICHAEL HURLEY, and RICHARD GRADY , breaking and entering the dwelling house of Robert Burgh, and stealing 4 gallons of Port wine, and other goods, value 5l.; his property.
MESSRS. PULLEIN and METCALFE conducted the Prosecution.
ROBERT BURGH . I am a fringe manufacturer, and live at Nos. 41 and 42, Bartholomew-close. I have a wine cellar there—on 17th Aug. I had a quantity of wine there—Port, Sherry, Bucellas, and Madeira—sixteen dozen, and also two gallons of brandy—some of the wine was East India Madeira, twenty years old—it was worth altogether about 60l.—on 17tb Aug. I had occasion to send my servant into the cellar—up to that time the cellar was safe—I am not aware that there was any hole in the cellar—I had not been in the cellar for a month before—on 21st Aug. I left London for the Isle of Wight—I returned on the 28th. and was informed of the robbery—I went into my cellar and saw a hole, and the whole of the wine was gone.
Cross-examined by MR. O'BRIEN. Q. Do you live in the house? A. Yes—I have two servants, and my wife—I left my cook in the house. when I went into the country—I did not go in the cellar on the night of 17th Aug.—the last time I went in the cellar I went about some brandy—that was about a month before 17th Aug.
COURT. Q. Who kept the key of the cellar? A. It was kept on the sideboard in my dining room—I left it in my servant's care.
JENIFER THOMAS . I have been in Mr. Burgh's service turned eight years—I remember going in the wine cellar on 17th Aug., to get some wine—the wine was perfectly safe then, and again in the evening I went for some brandy—my master left on 21st Aug. for the Isle of Wight—on 20th Aug. I saw two men on the roof of the Almshouses immediately adjoining our house—the roof comes close to the kitchen window—I asked them what they were doing there, and they went away.
Cross-examined by MR. O'BRIEN. Q. Have you seen this hole? A. Yes—it is in the back part of the cellar—I went close to that place on 17th Aug. when I went to get the bottle of wine—the cellar was then quite safe.
COURT. Q. You have seen the hole since? A. Yes—it is impossible it could have been there on the 17th without my seeing it—during the time my master was in the country I did not go to the cellar, nor did any one—I had the key in my possession.
JOHN COCKERELL . I am a bricklayer and builder—I was employed last Wednesday evening, and Thursday morning, to examine the passage from Mr. Burgh's cellar—I went right through the passage—it leads from Mr. Burgh's cellar to the cellar of the house, No. 2, Back-court—it is about eight feet six inches long—the hole is six feet, but there is a projection in the house in Back-court—at the commencement of the hole in the cellar in Back-court, I found an old Gothic arch—it had been partly filled with earth, but there was a fourteen inch wall on Mr. Burgh's side, which had been broken through—the rest was filled up with soil—six or eight barrowsfull of earth would fill up the hole again.
COURT. Q. On the side of No. 2, was there any excavation? A. The crown of the arch was a little above the ground; I had to descend to go to it.
MR. METCALFE. Q. Was there sufficient space for a fullgrown man to pass through the hole? A. Very nearly—some things had been thrown in.
Cross-examined by MR. O'BRIEN. Q. Did you pass through the hole? A. I did—I went in at No. 2, Back-court, and came through to Mr. Burgh's cellar—there are persons living in No. 2, Back-court—I do not know whether the house communicates with any other house—I did not examine the house.
EDWIN WELLAN . I come from the West London Union—I shall be sixteen years old in Feb.—my father works in the brewery of Mann and Co., at Mile End—I was in Field-lane Ragged-school last year—I went to live in the house, No. 2, Back-court, soon after Christmas—I was there eight months—it was a lodging house—I made the beds and took the money, 2d. a night—there were fifty or sixty persons there on an average—the prisoners Hurley, Hughes, and Weeks, were in the house towards the beginning of August—the father of the house is a man who lived in Holborn, I do not know his name; he used to come to take the money—about a week or ten days before the end of August, there was something occurred—I do not know the day, I should say it was the 16th or 17th—I do not think it was on a Sunday—there was a hole dug in the brick wall down in the coal cellar of No. 2, Back-court—I first observed it at 7 o'clock in the morning—the fire wanted some coke on, and I asked Hughes to let me down in the cellar for it—he said there was somebody down there tossing, and he would not let me down for a long time—I did go down afterwards, and saw Weeks and Hurley digging a hole in a part of the cellar, which was as if there had been a fire-place—an arch place—they were digging with a poker and a shovel, it looked as if it was, but I did not stop; I went to fetch some coke—I did not go down in the cellar again for two or three days afterwards—I did not look at it then—they were not digging then—no one was down there—I had seen them in the cellar two or three times before—they were down there; they were doing nothing then—after I saw them digging, I saw Hurley, Weeks, and Hughes, bring some wine up under their coats, from the cellar where the hole was dug—I do not know on what day it was—it was after I saw them digging—it was on the following night, about 10 o'clock—I saw Hurley, Weeks, and Hughes coming up the kitchen stairs; and there was another one, named Baker, who took up wine as well as they, but he is not here—he was over deputy—there was no wine kept by me, or anybody living in the house, in the cellar of No. 2—I do not remember any wine being kept there all the time I was there—there were two or three empty bottles in the house—I saw them lying in the cupboard—I do not remember any broken
bottles—I did not see any thrown out of the window—the rubbish that came out of the hole was chucked down in the cellar of the house, No. 1—you could get from one house to the other—I do not think there is any hole through the cellars from No. 1, to No. 2—the rubbish was rushes and mould.
Cross-examined by MR. O'BRIEN. Q. Baker was the over deputy and you were the under deputy? A. Yes—I saw Weeks, Hurley, and Hughes in the cellar—I believe Weeks had the poker, and the other a shovel, or a spade—I believe what Weeks had was a poker, as far as I could see—I went down in the cellar myself, three or four days afterwards—I did not see a hole there then—the dirt was chucked over it—I saw the remains of a hole—I knew there was a hole, I saw them digging it—I only remained there while I got the coke, which was about five minutes—that was all I saw till I went again, and saw it covered over—I saw the hole there still—I only went in twice, from the time I saw the man with the poker digging, till I left—there were a great many persons in No. 1 and No. 2—I had been acting deputy three weeks or a month before I left—a man named Boss appointed me to the office—my lather lives in Mile End-road—I left him because my mother-in-law was unkind—I left eighteen months ago—since then I have been bone picking and begging, to get my living—I was lodging in Field-lane—I was sleeping in the school—the rest of my time I was in Back-court—I lodged there about nine months, and for my living I went hone picking—I was in the kitchen when I saw the wine brought from the cellar, downstairs—it was taken through the kitchen—I first heard of the robbery of the wine, when I heard Boss talking about it—that was a little before the house shut up, whieh was on 30th Aug.—the deputy left, and I went to lodge at another lodging house in Fulwood's-rents, which father keeps—I was not acting as deputy there—I first saw the police about this matter, about a month ago, in West-street—two policemen came up to me—they spoke to me first—they did not take me into custody—I did not drink any of the wine.
MR. PULLEIN. Q. Were you allowed to go up and down in the cellar, when you thought proper? A. Yes; when coke was wanted.
Weeks. He accuses me of being in the cellar with Hurley—at Guildhall he stated it was about half past 11 o'clock, and here he says 7 o'clock in the morning. Witness. No; I said 7 o'clock—I did not say I saw you, and Hurley come up without wine—I said I saw four; Baker was one—I did not give any information; some of them would nearly have killed me, if I had.
MR. PULLEIN. Q. How late did you sit up on the night you saw the wine brought up? A. I was up almost all nights, and went to bed in the day—I remember Sailor Jem, that is Hughes, being shut up in the cellar for half or three quarters of an hour, and they all said if he did not come up they would crab it—I mean by all these prisoners, and some more men, Baker as well.
COURT. Q. How long was Hughes' stay in the cellar? A. Half an hour, and Weeks and Hurley said if he did not come up they would crab it—it was for fear they should not get any more wine—I suppose they meant spoil it, by telling somebody that they should not get away any more wine—it means to spoil it by telling somebody.
Cross-examined by MR. O'BRIEN. Q. Where were they when that was said? A. In the kitchen—the kitchen was full of lodgers—there were twenty or thirty there—deputy Baker was there—the father was not there—he used so come for the money—Boss was there—I should know a great many that
were there if I were to see them—I know some of their nicknames—the meaning of crab is that they would tell somebody—Baker, Weeks, and Hurley spoke—they all cried out together—I did not know what they meant—I did not know what Hughes was down in the cellar for, at that time—I thought he was down about the wine—I did not know it was from Mr. Burgh's cellar at that time—Hughes did not bring up any wine at that time—he came up about half an hour after he went down—there was no wine drank in the kitchen—what they drank they drank up stairs—Hurley went by the name of Rough.
COURT. Q. How long were you in Field-lane-school? A. About eigju months—I slept there—there is a place made for sleeping, and one for school—they teach you to read and write, and tailoring and shoemaking—t hey teach you to say your prayers—there is a Sunday-school there three times a day—I have been in the Union about three weeks—before that I slept in Field-lane school—I went there after I left father's, in Fulwoodrents—before I went to Back-court I lived in Field-lane school.
LYDIA HOWLETT . I live at an almshouse, No. 3, Back-court—I have-lived there more than six years—I am 73 years old—I recollect some repairs being made at Nos. 1 and 2 Back-court, in 1861—there was an opening made between No. 1 and No. 2; they were separate houses before that; and after Mr. Smith purchased the other house, they knocked a thoroughfare through those two houses—I have not been in to see that they could be occupied together—I have seen through the window—I have never been in the house—in August last I heard a noise that attracted my attention—it was more than the middle of August—I could not say what noise it was—I thought it was pulling down the house—it seemed that they were disturbing something—there is only a wall between me and them—I thought they were breaking into my place.
COURT. Q. Where did the noise come from? A. From next door to me—it appeared to be down below me—I heard it repeatedly—I left my house for ten days—I heard it three or four times—I saw something like mould drawn out of the cellar of No. 2 on more than one occasion.
Cross-examined by MR. O'BRIEN. Q. Have you been in the house No. 1. or No. 2 since 1851? A. Yes; since it was all over I have—the mould came Out of the cellar; where should it come from else?
MARIA DAVIES . I was in the almshouse, No. 4, Back-court—I had been sleeping there at my neighbour's house for five weeks, all the month of August—I remember the houses Nos. 1 and 2; they were used for a two penny lodging to a great many persons, men and women, and boys—they left on 30th Aug.—On Sunday evening, 22nd Aug., I was by myself, and they all appeared to be very drunk when I went in the court—there were a great many men out in the court making a great noise—one man was on the step all night; a man they called "Tom," with a wooden-leg—the policeman was desiring the people in the lodging-house to take him in—I was sitting there the last week in August, and I saw bottles thrown out of the window—a man said, "What are you doing, smashing the window;" and a man in the house said, "No, it is only bottles"—it was in the afternoon—the bottles were smashed in a great many pieces, but they looked greenish—I remember mould and brick rubbish being thrown in the court at the latter end of August—I took one brick up and put it in my fireplace—this is it (produced)—I heard a continual knocking in Nos. 1 and 2, and I told my friend they were taking down bedsteads.
Cross-examined by MR. O'BRIEN. Q. On the Sunday when they were
drunk, how many were there? A. A great many—I dare say more than twenty—that was on Sunday, 22nd August.
WILLIAM BUCKETT . I am a butcher, and life at No. 22, Bartholomewclose, at the corner of Back-court—my house joins to No. I, Back-court—I have a pretty good view of the court—I have seen people go in and out of No. 1 and No. 2—I have seen the prisoners Welch, Hughes, and Hurley—I believe they used to lodge there—I cannot say that I have seen Grady—I have seen rubbish going away at different times in the former part of the year, about a month or five weeks before the house was shut up.
Cross-examined by MR. O'BRIEN. Q. You live near this No. 1 and No. 2? A. Yes; I do not know all the lodgers there—I am very short-sighted—I do not know that I should know you again if I were to see you—I think I know three of the prisoners—I cannot say how often I have seen Hurley.
GEORGE MOLLYNEUX (City-policeman, 293). On 24th August, I heard that there had been an entrance in the prosecutor's cellar—I went to his house, and asked if he had got a wine cellar—I went into the cellar, and found a large hole, big enough for me to go through—I was on the premises several nights—I called on Grady on 30th August, at his own house in John-street—I do not know that he is anything; I only know him hanging about public houses—Moss and inspector Cole were with me—I saw Mrs. Grady first, and had some conversation with her—I saw a bottle on the mantelshelf—Grady came in in a quarter of an hour or twenty minutes—I asked him whether he had bought any wine of any one lately—he said, "Yes, I bought two bottles of Billy Weeks, and this is one of the bottles"—he said he gave 1s. 6d. for the two bottles—on 20th Nov., I and Gisby took Weeks into custody, at No. 3, Holborn-buildings—I told him I was a police-constable, and I took him on suspicion of being concerned with others in breaking into Mr. Burgh's premises in Bartholomew-close, and if he had anything to say to be careful, as it might be used in evidence against him—he said he knew nothing about it—I walked behind Gisby part of the way to the station, and then I sent Gisby to apprehend Grady, and I took Weeks to the station—I know the premises No. 1 and No. 2, Back-court—I hate seen Hurley there, and to the best of my recollection I have seen Weeks and Hughes there—I have not seen Grady there—I was the constable who first went to the cellar—I noticed the hole and went through it—I noticed an old shoe and a bit of sacking there—they generally put a shoe or something, that if any one goes through it moves—we generally find it—it is called a mark—on 39th August, when I saw Grady, I asked him if he had bought any wine—he said, yes, he had bought two bottles of Billy Weeks, and given him 1s. 6d. for them—he said Weeks had more of it, and then he said he would not say any more to me.
Cross-examined by MR. SLEIGH. Q. You say you know nothing about Grady, have you not made some inquiry about him? A. No; I did not inquire about his living at his house before I went there—I have known him ever since I have been in the force—I never knew that he was a manufacturer of strings for musical instruments—I found a bottle on the mantelshelf—when I directed his attention to it, he immediately said, "That is one of the bottles"—from 30th August till 20th Nov. I made no efforts to take him—I do not know that he had been at his house day after day.
Hughes. I was intoxicated when he took me; he took me to the station; he asked me if I knew anything about the wine. Witness. I did not take him into custody at all—I saw him afterwards, at the station—he gave some information to the other officer.
COURT. Q. Did you ask him any questions about wine? A. No; I went to see him at the station—he had a pair of handcuffs on—he tried to strangle himself—he said, "If you will take these handcuffs off, I will tell you where to find Billy Weeks, and I will turn round on all the b—y thieves."
Hughes. He said if I would turn round, he would put money in my way. Witness. No I did not.
MR. PULLEIN. Q. Do you know the Coopers' Arms? A. Yes, it is a public-house visited by thieves—I know that in my professional capacity—I have seen Grady there—his wife keeps a shop, and sells greens and potatoes.
Q. The Cooper's Arms is near Grady's residence? A. Yes; I have known it to be resorted to by thieves nearly five years.
MR. SLEIGH. Q. Have you ever reported that house? A. No; it has been reported.
COURT. Q. The prisoner Hughes asked you whether you did not say if he would turn round, you would put money in his way? A. No; when I opened the door, he had a pair of handcuffs on, and he said, "If you will take these handcuffs off my hands, I will tell you where you can go and find Billy Weeks, and I will split all about the wine job in Bartholomew-close"—I had never seen Hughes up to 20th Nov.—from 24th Aug. till 20th Nov. I never saw any of them; they all kept out of the way but Grady.
THOMAS GEORGE GRISBY (City policeman, 245). On 20th Nov. I took Hughes on another charge—he was drunk—while I had him in custody, he said, "You want Weeks, don't you, about that wine job?"—I had not said anything to him about this case then—he said he was the first man that dug the hole, and got into it, and brought the first wine out—he said he was present, and saw him—he said the hole was dug in Back-court, Cloth-fair—he did not say anything else then—I took him to the station; he there repeated what he had said, and he said that Weeks took nine bottles to Grady's house, and sold them to Grady—he said Weeks could be found at Holhorn-buildings, Holborn-hill; I went there, and found Weeks in bed—I told him what he was charged with—he said he knew nothing about it—in coming down Holborn-buildings he made a stop, and said he had two bottles; and then he said that I should not suck him—Molyneux was behind us—I then went to the Cooper's Arms, and took Grady—I told him he was charged with receiving two bottles of wine, knowing them to be stolen—he said he knew nothing about it—at the station he said he bought two bottles of a boy—he did not say what boy it was—he afterwards said that the two bottles were given him by the waiter at the Coopers' Arms, when he was ill—I know all the prisoners; I have seen Hughes and Weeks together in West-street and King-street, and have seen Hurley with Weeks some time back.
Cross-examined by MR. SLEIGH. Q. When you took Grady, he said he knew nothing about it? A. Yes; I took him out immediately, and this took place in the street—there was a lot there, and I called him out—I had been to his house—when I took him in the street, Mollyneux was not with me; I had left him going to the station with Weeks—there was no person with me at the time—at the station Mollyneux charged him—he said after that that he did not buy any, but had them given him; that might have been four or five minutes afterwards—Mollyneux was present then; Grady said he had been ill—he stated afterwards that Mrs. Baldwin, the landlady, gave them to him—I believe I have stated that before—I will not swear to that.
JOHN MOSS (City policeman, 225). I accompanied Mollyneux to Grady's house on 30th Aug. with inspector Cale—when I first went, Grady was not there—we went out, and when we returned Grady was there—inspector Cale said, "Of course, you know our object in coming here?" and Grady said, "Yes"—he said, "We came about the wine"—Grady said, "I had two bottles, and gave 1s. 6d., for them—I bought them of Billy Weeks"—he said the bottle that Mollyneuz had was one of the bottles.
JOHN CALE (City police-inspector). I was at Grady's on 30th Aug.—when be came in I spoke to him on the subject of the wine—I said, "Grady you know the object of our visiting you?"—he said he did—I said, "Can you furnish us with any information respecting the wine stolen from Mr. Burgh's?"—he said, "I bought two bottles of Weeks, and gave him 1s. 6d. for them"—I do not remember that he said anything else—a bottle was taken from the mantelpiece by Mollyneux—it was not pointed out to Grady, but he admitted that it contained the wine that he bought of Weeks—Mollyneux made some remark as he took the bottle down, which called his attention to it.
Cross-examined by MR. SLEIGH. Q. Was it you or Mollyneux first spoke to him? A. Mollyneux was present when I and Moss went in—I will not undertake to swear which was the first that spoke to him; I believe I did—Mollyneux put some questions to him—I put the important question—I said, "Of course, you know the business we come about?" and Molyneux was present, and must have heard it—I suppose there had been a hubbub about this wine, but none that reached me—the robbery took place on the 23rd, and we went to Grady's on the 30th—there had been a course instituted; but we bad not instituted inquiries near Mr. Burgh's house from the 24th to the 30th.
COURT. Q. Were you examined before the Magistrate? A. No; the two bottles found at Grady's are those produced by Mollyneux.
COURT to WILLIAM BUCKETT. Q. You used to see these three men going in and out? A. Yes; they were there about twelve months altogether—I can undertake to say I saw them till near the time that the house was closed. (Dennis M'Nally, a bricklayer's labourer; Charles M'Gee, father-in-law of Weeks; Charles Campbell, bookbinder; and William Mash, a boot and shoemaker, gave Weeks a good character, Grady also received a good character.)
WEEKS— GUILTY .†*Aged 21.
HUGHES— GUILTY .†*Aged 19.
HURLEY— GUILTY .†*Aged 18.
Transported for Seven Years.
GRADY— NOT GUILTY .
WILLIAM JOHNSON . I am a seaman, employed in different vessels in the merchant service. On 24th Nov., I was a passenger in the Clarence Steamer from Leith to London—the prisoner was a passenger in her, we were coming to London—we got to Grantham pier two hours before the London boat, and we had to go to get some provision—I met the prisoner on the pier begging—I gave her a shilling—I had two sovereigns and a half sovereign in my register box, which is not very easy to open—I went on board in the evening, and examined my box—it had the two sovereigns and half sovereign in it, and some silver—I went to lie down on the funnel, and while I Was asleep this woman came and took my box, and took the half sovereign out and the silver—when I awoke I missed the money, a shipmate of mine took
the box from the prisoner, and put the lid on; she could not get it on—he took the box and awoke me, and put it in my pocket—he said, "Look if you have missed anything"—I opened it, and the half sovereign and the silver was gone—I do not know what silver there was, but I think 7s. or 8s.—I said to the prisoner the next day, "You had better give me the money back, or else I shall give you in charge of the police"—I did not complain the same day, some of the passengers said, "You had better let it be"—they came afterwards, and said she had been trying to change a half sovereign—when I went to sleep at the funnel, the prisoner was sitting near me—I cannot say that she touched me—I had not been drinking—I had only a glass of whisky, and a pint of beer—we had to walk two miles from Grantham to Leith to get provision.
Prisoner. Q. You came to me when I had my bundle, and asked me was I going on board, you asked me to come in a public house, and made me nearly drunk? A. No; I did not—I did not give you the half sovereign to stop with me on board—I did not say I would give you the half sovereign, if you would live with me on board the steamer—I did not tell you to take the half sovereign—you did not offer to return me 6s.; I asked you for it, and you said me and the police might go to b—y; I did not tell you I would knock your head against the deck, if you did not give me 4s. more, when you offered me the 6s.
COURT. Q. Are you sure that you did not give her, or lend her, this money? A. Yes; I am positive—I did not give it her to get change; I was coming home to my own wife and family—I have been married twenty years—I did not want her.
EDWARD CARR . I am a seaman. I was with the last witness; I saw him sitting near the funnel fast asleep, the prisoner was standing up—I saw she had his box in her hand—this is the box (looking at it)—I knew it, and knew it belonged to my shipmate directly I saw it—I spoke to her, she told me she could not get the lid on—I told her she had no business with the lid off—I took it out of her hand, and put the lid on—she went away to the fore part of the ship—I put the box in Johnson's inside jacket pocket, and awoke him—he opened the box and found two sovereigns in it, but the half sovereign was missing—he complained of the half sovereign being missed, but he said he would not say anything about it till he got near London, for fear she should make away with it.
Prisoner. Q. Did you put the cover on the box when I gave it you? A. Yes; but you did not give it me, I took it from you—you did not call me over, and give it me—you did not tell me you had to pay for the whisky; I heard nothing about it—I did not drink part of two half pints of whisky—I saw no whisky with you at all.
COURT. Q. Had you been with Johnson that afternoon before he went to sleep? A. Yes; he was sober.
ROBERT CHECKLEY (police-sergeant, H 16.) I was called on board the Clarence steam boat last Saturday night week—the prisoner was given in my charge for stealing a half sovereign, she said she knew nothing of it—I asked her whether she had got any money, she said, "None"—I took her to the station, and while she was being searched I heard a disturbance in the cell—I went in, she had got something in her hand which she refused to give up, I took this purse from her hand, containing 6s.
GUILTY . Aged 24.— Confined Six Months.
THIRD COURT.—Wednesday, December 15th, 1852.
PRESENT—Sir JAMES DUKE, Bart., Ald.; Sir ROBERT WALTER CARDEN, Knt., Ald.; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Seventh Jury.
JAMES BREWER . I am in the employ of Messrs. Lawrence Levy and others—the prisoner was also in their employ, and was about to leave last Friday—in consequence of something I made a communication to Messrs. Levy; and as the prisoner was leaving about half past 2 o'clock on Friday, he was called into the counting house where I and Mr. Levy were—Mr. Levy taxed the prisoner with robbing the firm; he denied the charge, saying he had carried an inch of stuff off the premises—Mr. Levy asked if he had any objection to his seeing what he bad in his pockets; the prisoner made no objection, and said we might search him if we thought proper—he then pulled some trifling things out of his pockets which were not. our property, and then Mr. Levy put his hand into his coat pocket and drew out these two pieces of lining (produced)—the prisoner said they bad been put there in a lark by some of his fellow workmen, and he knew nothing about them—I do not know that he said they "must have been put there by some of his fellow workmen," he might have said so—an officer was then sent for; he came, took off the prisoner's hat, and found this piece of black cloth in it—the lining of the hat was turned out; the cloth turned put with it—I suppose it was under the lining, but I cannot say—the prisoner said he knew nothing about it; it must have been put there under the same circumstances as the lining—this is the cloth (produced); it has the buyer's mark on it—I cannot swear to the lining, but we have a great deal like it; it is an article generally used in the trade.
ANTHONY WILLIAM MONGER (City policeman, 564). I was sent for, and found the prisoner in Mr. Levy's counting house. Mr. Levy stated that the prisoner had been robbing him—the prisoner said he had not; that the piece of lining must have been put in his cost for a lark, or villany, on the part of some of his fellow workmen—I then took off the prisoner's hat, and found in it this piece of black cloth—the prisoner said it must have been put in his hat for villany on the part of the men, and he did not take any notice of the weight of bis hat, because he was in the habit of carrying a bottle of beer in it.
Prisoner's Defence. I cannot account for how the cloth got into my hat; I used to take a bottle of beer in it for my lunch; I carry on the trade of a tailor myself at home, and the lining is just as likely to be my own: I was about to receive 30s.
GUILTY . Aged 37.— Confined Six Months.
OWEN GRAY . On 13th Dec, about a quarter past 5 o'clock in the afternoon, I was walking in Eastcheap, and felt a pull at my pocket—I waited a moment, felt another pull a little longer; I turned round, and saw the prisoner turn round also; he bobbed down under a horse's head, I bobbed after
him—he got under a cart, where I had a scuffle with him—he then got over a grating; I told him not to throw my handkerchief down there—he pretended he would tell me the man who had got it, but afterwards gave me my handkerchief—one of his fellows, I suppose, came up, and said, "Don't give him into custody," and he said, "Pray have mercy on me; I have got a widowed mother, whose support I am"—I gave him in charge—this is the handkerchief (produced.)
Prisoner. Q. Did you feel my hand in your pocket? A. I cannot swear it was you, but I saw the handkerchief on you afterwards.
GUILTY . Aged 19.— Confined Six Months.
124. JOHN WRIGHT and WILLIAM DAVENPORT , burglariously breaking and entering the dwelling house of Charles Henman, and stealing I hat and 1 coat, value 35s.; his property; and 5l. 8s. 6d. in money, I ahawl pin and other articles, value 3l. 6s., 2d.; of Ephiflner Bucklow,—2nd COUNT, against WRIGHT for receiving.
MR. ROBINSON conducted the Prosecution.
CHARLES HENMAN . I live at No. 7, Milman-street, and am an architect—on the night of 14th Oct. I went to bed about 12 o'clock; the premises were then fast—I was aroused about twenty minutes past 7 o'clock in the morning by my servant, went down stairs, found the parlour door open, which had been locked and the key hung up in the passage the night before—the yard door was open, and I saw my theodob'te in the yard—the scullery window was broken; part of the putty had been cut away, and half the glass broken out—a person could then put their hand in, lift up the catch, and get in—the scullery was strewed about with a variety of articles—the scullery door leading from the scullery to the house, which had been bolted, had been taken off its binges—I missed some cheese and other eatables—I went into the parlour and missed my coat and hat, which were there the day before—this is the coat (produced)—when the prisoners were before the Magistrate, they both had similar buttons on their waistcoats to what my servant had lost—my house is in the parish of St. Andrew's, Holborn.
EPHIFLNER BUCKLOW . I am Mr. Henman's servant. I came down on this morning at twenty minutes past 7 o'clock—I merely got to the bottom of the stairs, saw the door open, and my master's theodolite in the yard, and went up to him immediately—I had got up about 7 o'clock; I had not heard any noise from that time—I had two clothes boxes in the kitchen, with this little box (produced), which contained my chains and things in one of them, and also a money box—I found them all in the back scullery, all taken to pieces—I had not a sound box left—I missed the greater part of my linen, a gold chain, a silver locket, a gold pencil case, attached to a silver guard, a small gold brooch, 6l. 8s. 6d. in silver and gold, and the money box, and a great many farthings and halfpence; I should think 14l. or 15l. would not replace what I have lost—I had a jacket with glass buttons on it—I saw it safe at night—I found it in the scullery in the morning, but the buttons were gone—this is it (produced)—I went with the policeman to Davenport's, and there saw the buttons—these are them (produced)—I knew one of them particularly; it has a piece of my jacket and red cotton silk attached to it—I lost a shawl pin—this (produced) is it—I know it by two little frays in the elastic of it—the policeman brought it to me; I did not see it found—I saw two pieces of linen at Davenport's, which I swear are mine—I had it safe the
day before—there were also a quantity of provisions gone, and what things they did not take away they destroyed.
Davenport. The buttons were on the waistcoat when I bought it.
JAMBS COFFEE (policeman, E 31). I took Davenport into custody on 22nd Nov., at 11 o'clock in the forenoon, at his house, No. 20, Lincoln-court—he was in bed with a female, in the back room, on the first floor—I took him in consequence of information and a description I received—I told him I wanted him for a burglary in Milman-street; he made no reply—I told him to dress himself—I searched the room with sergeant Smith, and found the shawl pin on the mantelpiece—I asked him if it was his—he said, "No; it belongs to her;" alluding to the woman in the bed, and he said she bad had it some months—I found three pairs of gloves, tome skeleton keys, a screwdriver and a chisel—I went again in the evening with Bucklow, and found four glass buttons in a small bag hanging up by the mantelpiece—Bucklow said they were hers—when the prisoners were at the police office, each of them was wearing four or five glass buttons on their waistcoats similar to those I found at Davenport's lodging—these are them (produced)—I took four off Davenport, and another constable took some off Wright.
HENRY MANNING . I am assistant to Mr. Clark, pawnbroker, of Long-acre. I produce the coat Mr. Henman has identified; it was pawned with me, to the best of my belief, by Wright, but I cannot undertake to swear it was him—I gave a duplicate for it—this one (produced by Smith) is it.
Wright. He only took four; the waistcoat is only made for five, and then is one on it now. Witness. I took five.
JAMES COFFEE re-examined. I saw Some take the buttons off Wright, but I did not see how many he took—I took four off Davenport's waistcoat, leaving one on—I do not know whether the waistcoats they have on now are the same—they may be or may not be the same for all I know.
DAVENPORT— GUILTY . Aged 23.— Transported for Ten Years.
WRIGHT— NOT GUILTY .
ROBERT PACKMAN (City policeman, 133). In consequence of information I went to Mr. Craney's, in Fore-street, a tea dealer's, and had a dummy tea chest prepared, representing a full chest—there was only about a lb. put at the top, but it had the appearance of a full chest—this is it (produced)—it was placed about five feet inside the shop—on Friday night, about twenty minutes to 6 o'clock I watched in front of the shop, and saw the two prisoners and another person come—I saw Reeves go into the shop and feich out this chest—this string to the chest (showing it) was tied to this other empty chest (produced), and that did not come out till he got the first one on the pavement—Holmes was standing on the pavement just outside the door, with this bag (produced), and when Reeves got the chest out, Holmes popped the bag over the top of it, and took it of Reeves—they were just starting with it off the kerb to the other side of the street when the string pulled the
other chest down after them—they then threw down the cheat and ran away—I went and caught Holmes—he gave me an address, but I could find no such place—Reeves gave his address, No. 8, Morgan's-lane, Commercial-road—I found that he lived there in the name of Weaver.
Cross-examined by MR. PLATT. Q. Did you say both packages were inside the shop? A. Yes, quite inside, about five feet—the string is about three yards long—Reeves had only got to the doorpost, just in the shade, not a foot from the door, with the first chest, when the second one fell—I should say the string was pulled entirely out in length when the second fell; I was on the opposite side of the street—they were about three or four feet from the shop when they threw the first chest down and ran away—the second chest was then on the pavement outside the house; it fell in the shop first, I believe, and then fell on the pavement—the string did not give way at all—the two boxes were together from first to last—the second one falling gave an alarm, and they threw down the first.
COURT. Q. Did you see the second box fall from where it was first? A. I saw it come tumbling out on the pavement, as they were making their way across the road—it had been in the shop, five feet from the pavement.
RICHARD COLE . I am shopman to Mr. Craney, tea dealer, of Fore-street. On Thursday night I missed a chest of tea, and on Friday night I set a dummy, which was tied to another chest and placed about six feet inside the shop—I afterwards heard a noise in front of the shop, ran out, and saw Reeves in Packman's custody, who pointed out Holmes—I ran after him, and took him before he got out of my sight—there was some tea in the box which was taken—it was Mr. Craney's property, and the boxes also.
Cross-examined. Q. You did not interfere till you heard the noise? A. No—I cannot say where the second chest was when I came up, I did not see either—they were afterwards brought to the station—I ran out so quick I did not notice them—they were placed quite six feet inside the shop—Reeves was taken about thirty yards from the shop, and Holmes about fifty.
MR. PLATT submitted that there was not sufficient asportation, there being no severance: to constitute a felony. The COMMON SERJEANT decided that the second chestt not being a fixture, and being removed also, the asportation was sufficient.
REEVES— GUILTY .
HOLMES— GUILTY . Aged 17.— Confined Four Months.
(Reeves was farther charged with having been before convicted.)
GEORGE FALL policeman, H 21). I was present at a trial, of which this is a certificate (read—Central Criminal Court, Jan. 1851; William Weaver, convicted on his own confession, of stealing from the person—Confined two months)—Reeves is the person.
REEVES—GUILTY. Aged 17.— Confined Twelve Months.
Holmes's sister deposed to their mother having died under distressing circumstances, leaving ten children; that their father was very much afflicted, and that the prisoner had been in the habit of working hard— William Harvey, brother-in-law to Reeves, deposed to his having worked since his previous conviction; but Joseph Ward, city-policeman, stated him to be an associate of thieves, and to have been in custody since the previous conviction.
window; I saw two men, and heard one say to the other, "All right, it is all safe"—the prisoner is one of the men—I never saw him before—it was a very moonlight night, and there is a lamp close to my window—I swear the prisoner is the man—I saw his face—I think there was a third man came, but I could not see him—the prisoner got on the other man's shoulder, climbed up the pipe, and got on the leads at the back of Mr. Blake's house; be then tried the window, it was not fastened, he opened it and went in—I then opened my window, and called, "Police!"—the prisoner then came out again, and knocked something down in the room coming out, and knocked his hat off, which rolled away from him—he then looked up at my window, and shook his head at me—he could see me—ten minutes after the prisoner was gone, Mr. Blake came out, and I pointed out the hat to him—I saw the prisoner again, about a week after, at the Mansion House; I knew him again instantly—he was alone, he was not pointed out to me.
Cross-examined by MR. ROBINSON. Q. Who took you to the Mansion House? A. The two policemen—they had been to my house the night before—the robbery was on 27th Nov., and the examination, I think, on 8th Dec.—I had seen one policeman at Mr. Blake's about 9 o'clock on the morning after the robbery; I gave him a description of the person I had seen—the prisoner had on a corduroy jacket and trowsers, the other man had a light coat—my room is on the first floor, and the lamp is at the side of the window—my husband is a butcher—the prisoner left quickly when I called out—he rolled down part of the way, and then ran away; it was a minute from the time the prisoner threw up the window till he was out again.
JAMBS BLAMKE . This is my dwelling house, and is in the parish of St. Botolph, Aldgate—I am a tobacconist—on 26th Nov. I went to bed at a quarter past 11 o'clock—I was the last person up—the windows and doors were then all shut and bolted—there are three windows, which open on to the leads on the first floor, and one more especially, which is the kitchen window—any person getting on the leads could get in there—I was awoke about half past 2 o'clock next morning, went downstairs, and found all the drawera under the counter drawn out, and the kitchen window open, which had been shut the night before; I had left 1l. worth of silver, and some halfpence in a small bag in the till in the shop, and about 8s. worth of halfpence in a bowl—the inner sash, the enclosure of the shop window, was drawn aside, and the contents apparently all gone—I suppose there were about thirty bundles of cigars, worth about 20l., gone from the window; but I found them afterwards, tied up in a bag, against the private door—I saw my servant fetch this hat (produced) from off the leads.
Cross-examined by MR. ROBINSON. Q. Where were you when you told your man to fetch in the hat? A. In the shop; I could not see the leads from there, but I had seen the hat before, and I went up myself into the kitchen and saw the man go outside and get it, and he gave it to me—I first saw it at half past 2 o'clock, and it laid there till 7 o'clock, it was an extraordinary light night; the moon was at the full, and this lamp comes across the court—what was done in the house would have occupied a quarter of an hour at least; I therefore conclude that the prisoner was the second person that went in, in consequent of getting out of pationce—the private door which was close to where the bag was found, was unbolted; it had been bolted the night before.
HENRY JACKSON (policeman, H 11). I know the prisoner, he wore this hat on the 15th Nov., when I and another constable took him into custody in Thrall-street, on suspicion of his having committed another burglary—I
then took this hat off his head, and marked it; here is the mark (pointing it out); the hat was quite new then.
Cross-examined. Q. Will you swear you put that mark there at the time? A. Yes; he bears a very bad character; he was taken on suspicion of a burglary in the Bethnal-green-road, where a hat was left behind; the hat was taken to the station to see if it fitted the prisoner; it did not fit him very well, and the charge was not taken against him; he then had this hat—the first time I saw this hat after this robbery was on the 7th Dec.
JOSEPH WARD (City-policeman). In consequence of information I examined Mr. Bird's premises; at the rear of the house there was a pipe eight or nine feet high, and there were marks on the side of the wall as if some one had got up that way; there is a flat roof, and there were marks on the lend of nails in the shoes, and prints of cord trowsers, and marks on the table inside—I went into the shop and saw a bagfull of bundles of cigars—I afterwards, with another officer, saw the prisoner in the Whitechapel-road; when he saw us he ran away; I followed him into a court, and took him in custody.
Cross-examined. Q. I suppose that class of persons generally run away from you policemen? A. If they are wanted, perhaps they do; a great many of them are often wanted—I first saw Jackson on this subject on 7 th—I described the robbery to him—I am not in the same district as he—information of burglaries is given at each station—I told Jackson we had a hat at the station, and he came and looked at it.
GUILTY . Aged 25.
He was further charged with having been before convicted.
GUILTY. Aged 25.— Transported for Seven Years.
MR. SLEIGH conducted the Prosecution.
ELIZA HONE . I live at No. 11, Green Dragon-court—I have known the prisoner about 12 months—I was in a place in Farringdon-street, and he was in a place in Fleet-lane, and I knew him by his being there—about eight, or half-past eight o'clock, one night in Nov., I met him in Farringdon-street, and he said "Eliza, I have got this book to give you; me and Gorman has put our money together to buy it for you, to make you a present," and I took it—this is it (producing it, "Uncle Tom's Cabin")—I had it a fortnight or three weeks, and then, in consequence of what was said to me, I gave it up. Gorman was with the prisoner when he gave me the book.
EDWARD JEMMETT . I am warehouseman to Leighton and Hodge, bookbinders, of Shoe-lane. Mould was in their employ seven or eight weeks, and had free access all over the place—this "Uncle Tom's Cabin" was in the possession of Leighton and Hodge to bind—I know this identical book, because it was sent to Routledge and Company, in Farringdon-street, on 6th Nov., and was returned to us, the cover having been put on upside down—I could speak to it in thousands—I did not see it again till Green, the policeman, showed it me—it is not unfrequent that books are bound so, and they are always returned—we never send them out again until they are rectified.
GUILTY . †*Aged 18.— Confined Four Months.
128. WILLIAM MOULD again indicted with JOHN GORMAN , stealing 2 books, value 7s., 6d., of Robert Leighton and another, their masters; and HENRY JENKINS feloniously receiving the same: to which Gorman pleaded
GUILTY. Aged 15.— Recommended to mercy by the Prosecutor, and received a good character,—Judgment respited.
MR. SLEIGH conducted the Prosecution.
ROBERT LEIGHTON . I am in partnership with Mr. Hodge; we are book-binders—Gorman and Mould were in our employ as errand-boys—on 25th Nov., in consequence of information, I went with the policeman Green to a shop in Shoe-lane, kept by the prisoner Jenkins's father—it is a news agent's shop, and I think they sell cigars—young Jenkins was in the parlour, and was called by his father into the shop; and Green, in my presence, said to him, "Have you bought, or had left with you, any books by any of Mr. Leigh-ton's young men?"—he answered, "No." Green then asked me the names of the two boys; I was unable to give them at the time, and went to ascertain them—I came back to the shop again, and Green then asked the prisoner Jenkins whether he had bought any from, or had any left by, Mould or Gorman; he said, "No."—I think the question was repeated two or three times, and each time he answered "No"—Jenkins's father then said he was afraid something of the kind was going forward; he had been in ill-health and unable to attend to the shop himself, and, in fact, be thought he had been robbed himself, and said "If you know anything about this; if you have got any property, any books, why do not you produce them? you have no business to associate with that boy, Mould, he belongs to a bad lot"—he then produced a copy of "Uncle Tom's Cabin" which had never been sent home to the publishers, from under some papers in the shop-window; I believe it was covered over; I had looked in the window and did not see it; this is it (produced); it is our binding—we have bound many thousands of this edition, but only 208 with gilt edges, which this has; and this has not got our label as binders of the book, which every book has when we deliver them to the publishers, and there is no mark of its ever having been there—I have examined the book, and find two of the 208 deficient—Green then said, "I know this is not all; you have got something else?"—he said, "No, I have not"—his father said, "If you have anything else, produce it?" and he then produced this "United States Exploring Expedition" (produced) from under the counter—it is our binding—I have missed five copies of it—I cannot say that this is one of them; but I swear it is our binding—Jenkins was then removed to our counting-house; and in the presence of the other prisoners, he said, pointing to Gorman, "That is the one I had the books of, but the other one was with him" (that was Mould)—Gorman said he bad not sold him these books.
Cross-examined by MR. PAYNE. Q. Was not the first question the policeman asked Jenkins, whether he had bought any books from Gorman or Mould? A. He put it in a variety of ways, whether he had bought any or had any left; he did not merely ask if he had bought any—I cannot say whether he put it as one or two separate questions—the question had been put in various ways before I left to ascertain the names of the boys—I have never seen a van with Jenkins's father's name on it—I do not know that he deals in books—I have never, to my knowledge, seen a van with "Jenkins, bookseller," on it—he lives three doors from my warehouse—there were no bound books to be seen in his window—I cannot say whether there were any under the newspapers.
up together, I saw them making signs to each other—I could not hear it, but they kept opening their mouths to one another; they did not speak—on the night before this, about 20 minutes to 12 o'clock, I was outside Jenkins's shop—I saw Gorman outside the door, and spoke to him—while I was talking to him a book fell from under his jacket—Jenkins's shop was open.
Cross-examined. Q. You saw him on the pavement in the street? A. Yes, on the kerb facing Jenkins's door—it was not on the opposite side of the way—I swear that—I did not see him go into the shop.
MR. SLEIGH. Q. Did William Rutland come up? A. Yes; I picked up the book, and gave it to Gorman, and he went towards Stonecutter-street; me and Rutland went up to him, and took the book from him by force—he said he was going to take it borne to read it himself.
MR. PAYNE. Q. Have you ever been in trouble? A. No; I was once in a station for selling oranges on a Sunday.
ALFRED GREEN (City-policeman). I went with Mr. Leighton to Jenkins's shop, and there saw the father and son—I asked the son if any of Mr. Leighton's lads or men had sold any books, or left any there—he replied, "No"—I did not then know the names of the other prisoners, and Mr. Leighton went and inquired—I then asked him again if he had any books; he said he had not; and the father said, "I have been unwell, I was afraid something was going wrong; I have missed some of my own stock;" and said he had no business to associate with parties, mentioning them, "If you have any books you had better give them up"—the prisoner then went to the window, and produced from some part of it this "Uncle Tom"—I had previously looked into the window, but did not see it—I then told him he had some more; he said no, he had not; I repeated it two or three times, that I was sure he had more—the father said, "If you have any more, give them up;" and he then produced from under the counter this "United States"—I took Jenkins into custody, and searched him—he objected to it, and I found on him this pair of handcuffs (produced)—I took him to Mr. Leighton's counting-house—I there saw Gorman, and told him he was charged with stealing a book called "Children of the New Forest;" he owned he had taken it home to read—Mr. Leighton said he had no right to do so; and said, "I am afraid you have stolen other books?"—he said, "I have, but Mould has taken more than me"—Mould said, "You only do that do screen yourself."
Cross-examined. Q. Are you on duty in that neighbourhood? A. No; I had orders from the station to go to Mr. Leighton's.
(Jenkins received a good character.)
NOT GUILTY .
NOT GUILTY .
MR. PLATT conducted the Prosecution.
MARY ANN MITTER . I am the wife of William Mitter, a soldier. I have been living with the prisoner as his wife since 14th Aug., in Provost-street, City-road. On Tuesday, 9th Nov., I was at Mr. Couzins's beer-shop, in
Holywell-lane, with another female, and two young men—while I was there the prisoner came in—he spoke to me and drank with me—he then went outside, and called me out after him—when I got outside he was cutting a piece of wood with a knife—I said, "John, will you lend me that knife, to cut a biscuit I am eating?"—he refused to give it me, and I made a snatch at it to take it from him—a struggle then took place; I held his hand very tight; he then had the knife in his hand; we were strugging with the knife, and by some means or other the knife stuck in me, but I will not swear he did it; we were struggling together, and I believe firmly that partly my own hand done it—I do not know that he gave me the wound—I Was wounded in the side of my throat; I fainted, and I do not remember anything after that.
Q. Now, mind the question I am about to ask you; Did you call out, "Help! help?" A. I have been told I did do so, but I do not recollect it; I went into the house, and sat down on the stairs—I will not swear I did not call out, "Help! help!"—I remember nothing after I sat down on the stairs—I afterwards found myself at the London Hospital—I remained there a fortnight—I am getting on well now.
Cross-examined by MR. REED. Q. Had you something to drink with the prisoner and his friends? A. Yes; I have known the prisoner nine years—I always found him a good friend to me, and father to my child.
CHARLES DUDLEY . I am a horsehair dryer, and live in Woolley-street, Curtain-road. On this day I was opposite Mr. Couzins's beer-shop, and saw the prisoner call Mitter out—she came out—they were talking together, and then there was a bit of a scuffle took place between them—I saw the prisoner lay hold of Mitter, and draw his hand across her throat—I did not see anything in his hand—she then made a kind of a fall, and a young man came up, pushed the prisoner away from her, and took her into the beer-shop—the prisoner turned round, seemed to pick up something out of the gutter, and ran away—I did not see anything in his hand.
JAMES COUZINS . I am a porter, and live in Club-row, Shoreditch. I was outside this public house, and saw the prisoner come out, followed by Mitter—I was standing about three yards from them—I saw them begin talking; I saw no scuffle between them, till I heard her cry out, "Help! help!"—I was not looking in that direction—when I heard the cry I ran to her, she was about to fall on the ground, and I caught hold of her, and shoved the prisoner away with the other hand—the prisoner's arm was round her neck—as I was taking her into the beer-shop, I heard a noise like a knife dropping on the ground—I turned and saw this knife lying there (produced)—the point was bent—when I came out again, the prisoner was gone—I went after him as far as the top of the street, but could not find him—there was no blood on the knife, but there was on my coat.
JOHN COUZINS . I am the son of the landlord of this beer-shop. I recollect seeing the prisoner and prosecutrix there—the prisoner called the prosecutrix, and she followed him outside; and when they had been out about a minute and a half, I heard two cries for help—I was standing at the bar at the time—I saw no more till she was carried in by my nephew.
WILLIAM THOMAS BELL . I am house surgeon at the London Hospital. The prosecutrix was received into the hospital on the night of the 9th—I examined her, and found a stab on the right side of her neck, about midway between the lower jaw and the upper part of the chest; it was about half an inch deep, and half an inch long—this is a knife likely to produce the wound—it was close to the carotid artery, and was a very dangerous wound—I
have not seen her since she was discharged on 23rd, she then complained of a little numbness of the arm—she was very faint when she was brought in, and I was obliged to give her brandy.
(The prisoner received a good character.)
GUILTY of unlawfully wounding. Aged 21. Confined Six Months.
MR. BIRNIE conducted the Prosecution.
WILLIAM BROOKS (policeman, K 364). On 20th Nov., about half past 2 o'clock in the morning, I was passing by the Piggott Arms, in the East India-road, and found the yard door at the back of the house ajar—I pushed it open, and saw the prisoner opposite to me—I said, "Holloa! what are you doing there?"—he said, "Nothing"—I laid hold of him by his collar, and sprang my rattle, and another man escaped from the yard—after the other man left, I received a blow at the top of the back of my head by the prisoner from some instrument which I could not see; it was a blunt instrument—I afterwards found this life-preserver (produced)—he struck me four or five times—I laid hold of him by the waistcoat, and he left part of it in my hand and got away—I left the portion of it in the yard, and pursued him, calling, "Stop, thief!" and he was stopped by another constable in the East India-road—I recognized him at once, I had never lost sight of him—I was bleeding very much—I went back with the prisoner and the other constable to the yard, and found the piece of waistcoat and a hat—the prisoner said, "They are mine"—I then found the life-preserver close to where I was struck—I was confined to my bed eight days, and am under medical care now—I had four wounds on my head.
Cross-examined by MR. ROBINSON. Q. Are all the constables in the depositions here? Yes; the yard door was ajar—I seized him immediately—the struggle did not last above two or three minutes.
THOMAS BOWLES (policeman, A 452). On the night of 20th Nov., I was on duty in the West India-road, and saw the prisoner running direct from the Piggott Arms, and heard a cry of "Stop thief!"—he was running towards me, and I ran and took him—he said, "I will go with you"—I took him back to the Piggott Arms, and as I was taking him back I met Brooks, whose face was covered with blood, and his head was bleeding very much—I took him back to the yard, and he picked up this hat and part of a waistcoat, and said they were his—the waistcoat he had on corresponded with the piece—I took him to the station, and then returned to the yard—I found the shutters of the back window had been wrenched open with some iron instrument—there was a clear mark between the two shutters, such as an iron bar would make—I saw Brooks pick up the life-preserver.
JOSEPH PUDDEFORD (policeman, K 276.) I saw some marks on the door of the Piggott Arms—I found this jemmy (produced), a few yards outside, lying in the road—it fits the marks on the shutters exactly—the lower bolt was broken quite off.
MARY ANN PEMBERTON . I am servant at the Piggott Arms. On the morning of 20th Nov. I was called at 20 minutes to 3 o'clock, and found the back window shutter forced open—it was fastened when I went to bed the night before—I was the last person that went to bed.
RONALD ROBERTSON . I am a surgeon, and reside at Montague-place, Poplar. I was called to the prosecutor, he was in a very exhausted condition from loss of blood—I found four contused wounds on different parts of
his bead, from an inch and a half to two inches in length, penetrating to the bone—there was one on the forehead, two on the left side of the temple, and one on the back of the head; they bled very freely—there were several contusions about his face—he suffered from concussion of the brain several days, and was in great danger—the concussion was the result of the wounds—I should say this instrument is likely to have produced the wounds.
GUILTY . Aged 27.— Confined Eighteen Months.
(There was another indictment against the prisoner for the burglary,)
OLD COURT.—Thursday, December 16th, 1852.
PRESENT—Mr. Justice WIGHTMAN; Mr. Ald. HUMPHERY; Mr. Ald. MOON; Sir ROBERT WALTER CARDEN, Knt., Ald.; Mr. Ald. WIRE; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant and the Fourth Jury.
132. In the case of JEREMIAH TOOLEY , standing indicted for the wilful murder of Alexander Downes, the Jury upon the evidence of Gilbert McMurdo, Esq., surgeon of the gaol, found the prisoner of unsound mind, and unfit to plead. Ordered to be detained during Her Majesty's pleasure.
Before Mr. Justice Wightman and the Eighth Jury.
MESSRS. HUDDLESTON and COCKLE conducted the Prosecution.
ANN ROGERS . I live at Galway-buildings, Bath, my husband is a mason there; the prisoner married my daughter Ann, in June, 1851; previous to Monday, 15th Nov., I received a letter from my sister, in consequence of which I came to town from Bath on Monday, 15th Nov.—I went to No. 76, Sun-street, Bishopsgate, where the prisoner and my daughter lived—I do not think it was 6 o'clock when I went there, I am not sure—my daughter was there, nobody else—Mrs. Roe, my sister, was with me—the prisoner came in about ten minutes after I went, to the best of my knowledge; he came in and said, "Well, mother;" I said, "Well, Henry, how are you?" he said he was very ill; I asked him what was the matter with him; he said, he had got a pain in the chest—I said. "I do not wonder at it, on account of your using poor Ann as you have"—I think the next words I said were, "Well, I am come to-night for Ann"—he said, "Wait a bit, and I will tell you"—I said, "I have waited long enough"—he said, "if you won't wait to hear what I have got to say, I will leave the room;" and he put on his hat—I said, "Ann, my dear, make haste and come with me, come this night with me, you knew that I was coming for you?"—I do not think the prisoner was more than ten minutes gone; he came back with sergeant Dixon, and a policeman named Brown—sergeant Dixon said to me, "You must go from here;"—I said, "What for?"—he said, "You are come to break the peace"—I said, "I am not;"—he said, "You are forcing a man's wife away, from what he says?"—she got up then, and said, "Oh, no, sir, it is not my mother who is forcing me, I wish to go myself"—sergeant Dixon said, "Do not you wish to live with your husband?" she said, "Not unless he will keep his hands off me; because it was decided between me and my husband,
three weeks ago, for me to leave him, on account of his pledging all my clothes and selling all my goods"—the sergeant said, "These are family affairs, I do not know anything about them; you need not go to-night unless you like to;" and then he left—nothing else was said, to the best of my knowledge, before he left—after the sergeant left the prisoner took his wife by the hand, and said, "Come here Ann, my dear, are you willing to leave me?"—she said, "Yes, Henry, unless you keep your hands from me"—he said, "I never hurted you, did I?"—I said, "How can you say that, when it took a woman or two to rescue your hands from her neck, and bruised it black?" she said, "Oh, Henry, I never told mother anything, it was not I that told her; "no more she did not—he said, "I never bruised your neck black, did I Ann?"—"Henry," she said, "I never runs from my word; yes, my neck was bruised black"—then he said, "Oh, Ann, the policeman told me you should not go home to-night without I liked; you shall not go home to-night"—she said, "Mother dear, I have neither money nor clothes to come home"—I said, "Never mind that my dear, for if you have health you can get more money, and I can pay your passage home; come with me to-night as I have got a return ticket to go back this night?"—he said no, she should not come to-night, "to-morrow," he said, "I will take her clothes out of pledge, and you shall have her by 10 o'clock"—there was a trunk in the room; she had put her things in it, and packed it up before he came in at first—all this time she was sitting on his lap—she said, "Henry dear, you have got no money?" "Oh," he said, "I can borrow some money on the bank book"—she said, "Mother, stop all night, and I will make you up a bed?"—the prisoner said, "No, there is no room for mother"—she said, "Yes, I could make you up a comfortable bed; do stop?"—he said, "No, the bed is not large enough, you could not be comfortable,"—then he said, "No, do not stop to-night, mother, come tomorrow morning, and have a cup of coffee with us?"—I said, "Henry, I do not consider my daughter's life safe in your hands this night, neither should I think myself safe to have a cup of coffee with you to-morrow morning"—he said, "Do you think that of me?" I said, "Yes, I do"—he said, "What do you say of that, Ann?"—she made no answer to that—he said, "You shall be sure to have her to-morrow morning, at 10 o'clock"—I desired him again to let me have her that night, and to go borne, as my family would be uneasy about me, expecting to see me home the same evening; but he said, "No"—I think I wished him "Good night," and said, "Shall I have her to-morrow?" he said, "Yes"—he held her right hand in his left hand all the time—I said, "I do not know where I shall go to lodge;" he said, "Go over the way; somebody will tell you where you can go to lodge;" I said, "I am so strange here"—I came out, and met the same two policemen who were in with me—in about ten minutes afterwards I went back again, and called a great many times before either of them answered me, and my breath was so short, and I was very excited with them not answering me—I asked her to lend me some clothes, and I got a lodging for the night, and left about ten minutes to 7 o'clock—it was nearly half past 10 o'clock, or not quite so much, it might be a quarter past, when I returned in the morning; I am not sure—I went upstairs and called for about ten minutes, and there was no answer, but at last I heard him getting off something, I do not know what, as he stepped down—the room door was fastened—he said, "That is Mrs. Rogers"—I said, "Henry, where is Ann?"—he said, "She is all right; we are happy now, ain't us, my dear?"—I said, Ann, my dear, if you are there, why don't you answer me?"—he said,
She is here, and we are happy; "I said, "Well, open the door, then"—he laid, "There is no hurry"—I said, "Will you open the door, Henry; let me see her, that is all I want; if you don't open the door I shall go for a policeman"—I went downstairs and got a policeman, came back with him, and found the prisoner down in the passage—the policeman said, "Where is your wife, Horler?"—all as he got out of him was, "She is right enough, and we are happy enough"—he appeared to be tipsy—the policeman said, "Well, tell me where she is; let us go upstairs and see where your wife is"—he said, "I need not go unless I like to; if you will come out with me, I will show you the spot where I left my wife this morning at 6 o'clock, kissed her, and parted with her in happiness"—I said, "If she is out of her own house she is in the river, or in some water, for you have certainly murdered my daughter;" I said, "Police, don't you let him go, for he is a murderer"—we all three went out then on pretence of his showing where she was; there was sergeant Dixon, and me, and the prisoner—the prisoner did not go anywhere, and I said, "Sergeant, don't you listen to him, because he is only leading us a dance;" and at my request the sergeant took him into custody—the sergeant then went back to the house, but I did not—I saw my daughter's body on the next day, Wednesday; she had on the same boots and frock that she had on the Monday evening when I left her.
Cross-examined by MR. PARRY. Q. Was your daughter married in Bath? A. She was—they only remained in Bath a day or two; I think they were married on Tuesday, and the prisoner came to London on the Friday or Saturday, and my daughter came on Monday—I had seen her but twice since the was married; I had not endeavoured to get her home before that, that was the first attempt I had made—my sister resided in London; she was with me on 15th Nov.—my daughter was on the prisoner's lap the whole of the time this conversation was going on, and I left her on his lap; with one hand in his right pocket and the other holding her right hand—his left hand was round her waist.
Q. I think the prisoner calls you a fortune teller, is that true? A. That, sir, does not belong to the murder—my hands were never lifted towards the prisoner, on the night in question.
Q. If the prisoner has stated that you and your sister seized him by the throat, that is entirely untrue? A. I never touched him, nor yet my sister; all the painful mind I had was to get my daughter away—if he has said my sister seized hold of him and threatened to murder him, it is entirely untrue; I never lifted my hand to him—he said so at the station, but I was not there—I have not threatened to transport him, because he was no man; no such thing was talked of—I never advised his wife to do him any injury; I loved my daughter too well—I had not advised her to give him a pill, or to take him away by a lingering illness—I never spoke to her but twice since she was married, till that day—in the morning when the policeman came, the prisoner was standing at the foot of the stairs, as if he was going into the kitchen—it was there that he said he left her at 6 o'cloek, and if we would come with him he would show us where.
JOHN DIXON (City policeman, 55). On 15th Nov., between 6 and 7 o'clock, in the evening, the prisoner came to the station house—I did not see him then, but the inspector told me to go to No. 76, Sun-street—I went there with a brother officer, between 6 and 7 o'clock, went upstairs, and some conversation took place between the mother and the deceased—I said it was a family matter which I could not interfere with, and ultimately left—next morning, Tuesday, 16th, I was coming along and saw Mrs. Rogers
—the prisoner was present, downstairs in the passage—Mrs. Rogers said, "I have come for my daughter to go home with me, according to arrangement made over night; I have been upstairs and knocked at the door several times"—she said that the prisoner said, "Who is there, is that you Mrs. Rogers?"—that she said, "Yes, Henry, open the door"—that he said, "Do not be in a hurry"—that she went again, and said, "Ann, Ann, why do not you open the door to me, and let me in?" and that she came down to get a policeman—she said all that in his presence—I said to him, "Why not tell Mrs. Rogers where your wife is?"—"Oh," said he, "she is all right, I slept with her last night, and left her this morning at 6 o'clock"—the mother remarked, "You have drownded my daughter"—I said, "Why not say where your wife is; is she in the house, or is she not?"—he said, "It is all right"—the mother remarked, "You villain, you have murdered my daughter"—I said, "We will go upstairs, and see if she is in the house"—he said, "I shall do as I like about that;" and objected to go upstairs—he said, "I will take you and show you where she is"—we went out together, followed by the mother—I then said, "Where are you going to take me to?"—he then said, "She is all right, and I loved her; I worked hard to make her comfortable and happy—we should be very happy and comfortable together, were we not interfered with by her relations"—I said, "Where is this place you are going to show me, where your wife is?"—to which he made an evasive answer, and said no more—I then said, "You must go with me to the station house," and charged him with being drunk, and on suspicion of making away with his wife—he was intoxicated—I searched him, and on his person I found a key, 1s. 0 5/4 d. in money, and a boot-closer's knife—I left him at the station, and returned with Balchin to the house—we went up into the attic he occupied—there was a bedstead near the window, covered over with a counterpane—I went to it, and on removing the counterpane saw the body of a female with her throat severely cut; the windpipe severed—she was lying on her back; her right hand in a reclining position, and the left hand straight down by her side, her head rather on an incline to the left,—she was dead, and cold—there was a good deal of blood on the clothes—they were saturated with blood—her clothes were up to her middle, and her private parts exposed; my brother officer pulled her clothes down—I immediately sent Balchin for a doctor—I searched the place, and on the top of the head of the bedstead, which was a shut-up one, a sort of bureau, I found a work box, in which was a razor—the bedstead stands about a foot from the floor, when let down—everything was very clean—there were marks of blood on the razor; it had been partly wiped—the handle was all stained with blood; it was closed, and the lid of the box was shut down—the prisoner was taken the same day before the Alderman, and remanded—in going to the Compter from the Mansion-house he began to relate it—he said, "I will tell you;" I said, "I will caution you in what you are about to say—I shall put no questions to you, neither shall I answer any"—he said, "I know, I know"—he said, "After the mother and aunt went away on the overnight, we had some conversation together, respecting her leaving in the morning, which I believe she did not want to do; we did not undress, but we mutually agreed to destroy each other; she took a knife, and I took a knife; I was on the top of her, having connection with her, and said, 'Remember Ann, this is the last time we shall have communication together;' I was then about to apply the knife, she said, 'Stop Henry, I will tell you where your razor is, with which you can do it much quicker, and put me out of my misery the sooner; do it quick, but do not put me to much pain'"—that was all the conversation; I had no other conversation
with him at any other time—I heard a conversation between him and inspector Scott, who is here.
CHARLES SCOTT (City police-inspector). I saw the prisoner on the Monday evening, at a quarter to 6 o'clock—I was just entering the charge-room, and he said he wanted some advice respecting two females, who wanted to take his wife away, at No. 76, Sun-street—I said, "Very well"—sergeant Dixon then came into the station, and I sent him up to No. 76, Sun-street, to see what the matter was, whether it was an affair that the police could interfere with—on 16th Nov. I went into the station, about a quarter to 12 o'clock, and saw the prisoner—I told him he was charged with the wilful murder of his wife, by cutting her throat in an attic at the house, No. 76, Sun-street—he said, "The occurrence took place this morning at half past 6 o'clock"—I said, "What occurrence?"—he said, "The dreadful occurrence between me and my poor wife, they had been giving her a quantity of drink"—that was all that took place.
Cross-examined, Q. This was alter he had been remanded by the Alderman, was it not? A. No; before that, before, he went to the Mansion-house—when he was at the Mansion-house he was in such a state that Alderman Finnis remanded him, and said he would not go into the case then—I saw that he had been drinking; I believe he had.
CATHERINE ROE . I am a widow—the deceased, Ann Hurler, was my niece—in consequence of something I beard from her, I wrote to my sister at Bath—she came up to town; and on Monday evening, 15th Nov., we went together to the prisoner's lodging—I beard the principal part of what took place—I have not heard Mrs. Rogers examined to-day—we went with the intention of fetching my niece away—after the conversation that took place there, I and Mrs. Rogers went away together—it was arranged, at the prisoners request, that she was to stay till the next morning at 10 o'clock.
Cross-examined. Q. Do you know that shortly before this occurrence the prisoner had been ill in the country for a week? A. He told his wife that he was going in the country for a day or two—his wife came to me on the Saturday, and stayed till Sunday about 11 o'clock, when her husband came to fetch her—he complained of illness on the Monday; of pain in his chest—I had not seen him in the week before—I was not aware that he was absent on account of illness until I saw his wife on the Saturday, she told me so—I never heard that he has complained of his head—I had never at any time endeavoured to take my niece away from him before her mother came up to fetch her—he promised me to take her home to her mother's—I had never myself endeavoured to take her away—I had never made any complaint about his not earning money enough; I was not aware what he did earn—I have never in any way threatened him, or seized him by the throat, or threatened to murder him, or anything of that kind; nor has my sister; neither of us did so, nor did we do so both together on the Monday—I do not think I exchanged one word with him, only telling my sister to take her away—I do not think I exchanged a word with him—he said, "Aunt, won't you take a seat?" I got up, for I felt rather warm—I know nothing of a silk dress that he gave my niece—every dress that was in her possession I believe he bad pledged—I know nothing of his having given her a dress—she had no watch.
ALEXANDER SAUNDERSON (City-policeman, 70). I saw the prisoner on the Monday evening; he came to the station a little after 5 o'clock; he remarked that he lived at No. 76, Sun-street, and that he had come for advice—he further stated that his wife's mother and her aunt were at his house inducing his wife to leave him to go to the country, to Bath; that his
wife's mother there was a fortune-teller, and that she earned a deal of money, as much as 5l. in a day; that she had several other daughters, all of whom were married, and had children; and his wife not having any children, on that account his mother-in-law was more anxious for his wife to keep the door of the fortune-telling room—he then asked me what he was to do—I asked him if his wife was inclined to leave him—he said they had so worked upon her that he believed she would leave him—I told him that if my wife was inclined to leave me I should allow her to go, but that he might please himself—he further stated that he had money in the bank, I believe he mentioned 40l. or 50l., and that they were also demanding the half of that, and asked me if they had a right to it—I replied that the property was his as well as his wife, and it was at his own option whether or not he gave it—he then left the station apparently satisfied—he returned again a little before six o'clock, and stated that he had been down to his place and they would not allow him to go in; that they had caught him by the throat and thrust him out—I told him that he had a right to go into his own place, and, if he chose, to order them out; and as I was instructing a constable to go down to the place to see what was the matter, the inspector and a sergeant came into the charge-room, and the inspector, understanding from the prisoner what the matter was, ordered the sergeant down to the house to see what was the matter—I saw him again three or four hours after, about 9, or between 9 and 10 o'clock; he then returned in company with a young man named Buckingham—I was at the station-house door as they came in—I asked them as they passed, what was the matter now—the prisoner remarked that this was a young man he had known for a long time, and that he bad every confidence to place in him, and be wished to hand over his bank-book and money to him, and to sign an agreement to that effect—I remarked to him that thought he was acting rather hasty and foolish, and suggested to him to wait till to-morrow; but he seemed inclined to have the agreement signed, and to have it done to-night—I then told him that I did not exactly see it to be a police matter, and suggested to him to see the bank authorities, which he could do in the morning—they then both left the station together—he was perfectly sober when I had these conversations with him, and his manner perfectly collected.
Cross-examined. Q. Did not he begin by saying to you, the night before, that he and his wife lived very comfortably together, and that they were comfortable? A. He did; he appeared perfectly collected in his manner, and appeared to be stating to me what he believed to be facts—what he stated to me he stated in a way as if he believed it—I do not remember his saying that they had thrtatened to murder him; or that they had held out any other threats—it was about a quarter to 6 o'clock when he came the second time, and said they would not let him into the room—I saw him next morning in the cell, he was brought into the station in custody; he asked me for a glass of water, I supplied him with it—he burst out crying, and said he was a broken-hearted man, and that his mother-in-law, the fortune-teller, had brought him to this.
Q. In fact, I think in consequence of this and of his manner and demeanor, you set a policeman of the name of Balchin to watch him? A. Yes; after Balchin returned to the station, and I understood what the occurrence was.
MR. HUDDLESTON. Q. Was that all the conversation that took place when he said he was a broken-hearted man; did you ask him what had become of his wife? A. Yes; when he had apparently done crying, he went to sit down in the cell, and I asked him if he could tell us anything what
bad become of his wife; he remarked that she was all right, that he had slept with her last night, and she was all right at 6 o'clock in the morning—this was after 11 o'clock the next morning, Tuesday—he was very drunk then, and very foolish.
JONATHAN BUCKINGHAM . I am a shoemaker, living in Baker's-buildings—previous to the 15th Nov. I had purchased some furniture of the prisoner; I saw him on Monday evening, 15th Nov.—he came to me about 8 o'clock, as near as I can guess; between 7 and 8 o'clock—he said he thought he was going to sit down comfortably, but his mother-in-law, and his aunt, had come from the West-end, and they had upset him again, and they seized him by the throat and threatened to murder him, and turned him out of the room, and he had come to me to know what he should do—I said, "Go to the police station, and get assistance"—he said, "Will you go with me?" and I went with him to the station, and I was asked some questions by sergeant Dixon about the furniture, which I answered—I went back to the house with the prisoner and the policeman; I saw his wife there—that was about half past 8 o'clock, when I went with sergeant Dixon; the prisoner was then in the passage—I then went home, about a quarter of an hour after, the prisoner came to me again; that would be between 8 and 9 o'clock, as near as I can recollect—he stated that his mother had threatened to transport him, and would I go and have the money turned over in my name at the bank, and when he wanted it he would send to me for it; I agreed to do it—I then left him, and went out, and he went too—he did not go with me, he went out at the same time as I did, or directly after; I went to the station with the bank book, and then went to the bank and had the money turned over to me; the prisoner said that he should go to America, and take his wife with him, and then he should be away from them all—he afterwards came to me again with two coats, a pair of boots, and two waistcoats, and I had got a boa there that he had left there some time before, and he gave me some pledge tickets—he said, as he was going to America he should not get them out, and I might have them if I liked—he said, if he called for them I was to let him have them, and if he did not I was to keep them—he did not say anything more that night—I did not see him again until next morning—he left my house at 7 minutes past 11 o'clock on the Monday night—he was then perfectly sober—I saw him on the Tuesday morning; he came to me about half past 8 o'clock, as near as I can guess; he was very much intoxicated, and remarked that I must excuse him because he was intoxicated—I told him to go home, and he went away—he had not said anything to me on the Sunday previous—at the time be sold the furniture to me, he stated that his wife wished to part with the furniture, and if I liked I should have the first offer; I said to him, "Does your wife wish to part with it?"—he said, "Yes;" I said, "I will come over and look at it;" I went over, and said to the wife, "Do you wish to sell your things?"—she said, "I do; if you do not have them a broker shall;" that was about the 3rd Nov., in the forepart of the month, about a fortnight before this occurrence.
Cross-examined. Q. When the money was handed to him which you gave for the furniture, did he not band it to his wife and say, "There, Ann, there is the money?" A. Yes, he did; it was 37s. 6d.—she put it into a purse, and put it into her bosom; he remarked in the room, that when all the furniture was gone they would have a dance there—he told me that the mother and aunt had threatened to transport him—he said they had threatened to transport him because he was no man—I told him they could not—he appeared to me to believe that they had threatened to transport him, and
that they had the power to do it—I said they could not do it, and he said, "Fortune-tellers can do anything;" he appeared really to believe that they had the power to transport him, and I could not persuade him otherwise; I tried but could not—I said, "They can't do such a thing as that, Henry;" he said, "They can; they have got a doctor, she stated to me that she had bribed a doctor in Bath to come up and swear that I was no man; and if that was not enough, she would get my own father;" and he said, "What can I do?"—I said, "They cannot do it;" he said, "The doctor I dare not refuse;" I said, "You can have a doctor on your behalf," and he sent my wife out of the room, and there exposed himself to me—I could not convince him that they had not the power to transport him; he still believed they could, and I could not persuade him otherwise—he said that they wished to get his money, and that was the reason why he wished to have it turned over to me, that they should not have it—it was turned over to me late on Monday evening, after the bank hours—he was so anxious to have it turned over that it was done after the bank hours, because he really believed that they could transport him—he said that his wife's mother had said to his wife, before him, "Give him a pill if you wish to get rid of him, as I did a party at Bath, and kept him lingering for four months, and no one will talk about it;" he said that his wife's mother said that in his presence—he said nothing further about what they threatened to do to him; I have told you all he said about it.
Q. Do you know that he had given his wife a gold-chain and a silk-dress? A. Yes; his wife stated that to me, in his presence, on the Sunday night—before the Monday—she said that he had given 3l. 15s. for the guard-chain, and three guineas for the silk-dress—they were at my house on the Sunday, and stopped there till 12 o'clock, both of them—they appeared then to be on affectionate terms; she said to me, "Buckingham, I shall be happier than ever, now I have got away from my friends"—she said she should be happier than ever with him if her friends would let her alone, being away from her friends, as she thought them; but they had proved her enemies: meaning the people where she was living—they were on very affectionate terms on the Sunday—I had seen them together before several times—I have known the prisoner better than eighteen months—I had known him during the whole time of his marriage; be married just two days before I did—I saw him kiss her on the Sunday several times, and she did the same to him—I know the mother of the deceased only by seeing her since the trial in London—I never knew her at Bath—I knew the prisoner and his wife during the whole of their married life; they always appeared to live on affectionate and kindly terms—I never saw anything to the contrary—I did not advise them to go to America when I was with them on the Sunday—the prisoner said he should go—she said she was agreeable if he was; and she said, "At all events take the money out of the bank, Henry, and we will have a spree with it, and there will be no row about it"—she did not say anything about her mother being a fortune-teller with reference to their going to America—the prisoner said she was a fortune-teller—he did not say anything about the ship.
MR. HUDDLESTON. Q. Then as I understand it she said in his presence that they should have been happy if her friends had not interfered with her? A. If her friends did not interfere any more.
Q. Then it was not a delusion on his mind that her friends were interfering with her, but she said so? A. Yes; she mentioned it in his presence and mine too—she also spoke about going to America—I have known the prisoner
more than eighteen months and been friendly with him ever since I have known him—he is no particular friend of mine, only I lodged in the same house with him when he was single; I did not get this money from the bank—he left the clothes at my place.
SAMUEL BUCKINGHAM . I am the brother of the last witness. I was present when the furniture was bought—there was a broken looking glass among I t; the prisoner asked me to put the glass side downwards in the drawer so that the neighbours might not see the broken glass, he did not wish to make the neighbours as wise as himself; his wife said, "You broke the glass, and now you are ashamed of it"—the prisoner replied, "You wanted something to write to Bath about, and so I broke the glass."
Cross-examined. Q. Did you see him at all on the Monday? A. No; this was nearly a fortnight before.
MR. PARRY to JONATHAN BUCKINGHAM. Q. From your knowledge of the prisoner, and from your intercourse with him for the last eighteen months, I will ask you whether you consider he is of a weaker mind than ordinary—whether he is a person of weak mind or weak intellect? A. I do believe he is, that is my observation of him.
MR. HUDDLESTON. Q. Was that the reason you took the clothes from him then on the Monday night? A. "No; I think he knew what he was about then—I thought he did, till he got talking about being transported, he talked about being transported before I got the transfer of the money—I allowed him to transfer the money from his name to mine, after that talk.
Q. Was that because you thought he was of weak mind? A. I did it to oblige him.
COURT. Q. Is your reason for thinking him of weak intellect what you mentioned just now, that he was afraid of being transported? A. It is.
DUNCAN SCOTT . I am barman to Mr. Jay, of the United States Stores, No. 33, Liverpool-street. On the morning of the 16th Nov., about twenty minutes to 8 o'clock the prisoner came there—he called for 1d. worth of gin, I refused to serve him, because he appeared to me to be intoxicated—he had a biscuit—he asked for some beer—I refused to give it him, and he went away.
JOHN GOLDIE . I am the landlord of the prisoner in Sun-street, Bishopsgate. I saw the prisoner on the Monday night about a quarter past 6 o'clock—I slept under his room, not directly under, it is on the second floor, but not directly under his—if there had been any disturbance in his room, I could have heard it—I went to bed about 10 o'clock that night, but I was disturbed in the night, and got up about 2 o'clock in the morning—I heard no noise whatever in the night.
Cross-examined. Q. Had you seen him on the Monday? A., Yes; the last time was about 6 o'clock in the evening—he was excited about his mother-in-law taking away his wife—it was at that time that the witness Buckingham came—in the excitement of the moment the prisoner took my hat instead of his own, and I went to get my hat; that was the last time I saw him.
GEOGE BORLASE CHILDS . I am surgeon to the City of London police force. I was called in to see the body of the deceased on the 16th Nov.; I found her with a very extensive wound on the throat; that was undoubtedly the cause of death.
Q. Could you form any judgment from what you saw as to the state in which she was at the time of the wound being inflicted? A. My impression was, that she must either have been in a state of stupor or sound asleep—in
my judgment there had been no struggling whatever—the right hand was partially raised towards the throat, as if an effort had been made to arrest the fatal weapon, but too late; from the nature of the wound death would be instantaneous, so as even to arrest the progress of the hand as it was raised—that would account for the position in which the hand was found.
Cross-examined. Q. You did not know the parties before? A. I did not.
JANE MARSH . I live in Baker's-buildings, Liverpool-street—the prisoner and his wife came there to lodge within a week after their marriage; that was last June twelve months—they were there on 31st Oct., 1852; my room was underneath theirs—I heard a great noise in their room on the Sunday afternoon, between 2 and 3 o'clock; (MR. PARRY suggested, that as this evidence related to something occurring a fortnight before the transaction in question, it could not he relevant, and hoped it would not be pressed—MR. HUDDLESTON staled that it had direct reference to the transaction about which they were inquiring)—I went upstairs upon Mrs. Horler calling, and I saw the prisoner with his left hand entangled in his wife's hair, and the other arm round her neck, and having hold of her in the front of her neck—she was trying to get away from him, and by the assistance of Mrs. Phillips and myself, with very great power, we succeeded in bending his fingers, and getting her away—she first called to Mrs. Phillips, "Murder!" and then she called, "Mrs. Marsh, he is killing me! for goodness sake come and assist me!"—I did so—we got her away from him by bending his fingers back, one at a time—one hand was in the knot of her hair, and the other round her neck, so (describing it) what he was going to do, or intending to do, I cannot say; we at last got her into the next room—I saw several bruises in the front of her neck, on the Tuesday following, and they had turned quite yellow; she came and undid her handkerchief, and showed me the marks—they were where his hand had been on the Sunday—they had had several quarrels before, but never let us in—they were in the habit of having quarrels, and I used to knock at the door, but he would not let us in.
JANE PHILLIPS . I live at No. 13, Baker's-buildings, and have done so two years and odd—I was living in the next room to the prisoner and his wife when they were lodging there—they left on 6th Nov. this year.
Q. Have you heard any quarrels between them? A. They frequently used to jar—on 31st Oct., as I sat down to my dinner, the deceased called out, "Mrs. Phillips, he is murdering me!" she had then got to the jamb of the door, and she called Mrs. Marsh, and Mrs. Marshcame and got his hands away from her neck; I was neither tall enough or strong enough to do so—he had one hand in the hair of her head, and the other grasping her round the throat—I went and persuaded them, and talked to them, and persuaded them to be quiet, and not to quarrel so, what a shocking thing it was—I saw Mrs. Marsh get the deceased away from the prisoner.
THOMAS BALCHIN (City policeman). I went with the other constables to see the body; I afterwards saw the prisoner in custody in his cell—he said to me, "can tell you more than the whole world can tell you—I did it, and by my own hand; I don't care about dying for it, I know I shall be hanged, but her mother has been the cause of it."
Cross-examined. Q. What time was this? A. About half past 10 o'clock in the morning.
GUILTY . Aged 24.— DEATH .
NEW COURT.—Thursday, December 16th, 1852.
PRESENT—Sir JAMES DUKE, Bart., Ald.; Mr. RECORDER; Mr. Ald. MOON; and Mr. Ald. CUBITT.
Before Mr. Recorder and the Sixth Jury.
(Some of the witnesses did not appear when called, and MR. PAYYE withdrew from the prosecution.)
NOT GUILTY .
135. SAMUEL FINLAY , forging a request for the delivery of 4 pieces of silk; also, stealing 300. yards of silk, value 50l.; the goods of John Merrington, his master. He pleaded GUILTY to the 2nd Indictment.
Aged 26.— Confined Twelve Months.
(The prisoner received a good character.)
MARY DYAS . I am the wife of James Dyas; I am now in the hospital; I live at No. 2, Three Herrings-court. This happened on a Monday night, about 1 o'clock in the morning—it is fire weeks ago last Monday—had gone to bed, and was asleep—I was awoke by a noise, and a kicking and knocking at the door—I got up and opened the door—I saw a mob of people outside, and I saw the prisoner—I spoke to her, and told her that as soon as the policeman came into the court, if she did not get away, I would give her in charge; it was she that made all this noise at the door, and she was making a noise at that time—she pot her-hand behind her like that—(putting her right hand behind her)—then I saw the blow coming, but I could not stop it—she gave me a blow with a chopper, and cut my nose quite across—the blow knocked me down, and I did not know what more happened.
Prisoner. She came to me that morning, and said, if I did not go and take some things for her to pawn, she would have her revenge. Witness. No, I did not.
Prisoner. On that evening I was coming up the court with my daughter, and this woman came and struck at my daughter, who had an infant in her arms; I put my hand up to save my daughter, and this woman struck me; I have got the wounds on my head now; my face was all blood. Witness. That is not true—I did not strike her.
Prisoner. She did, and it was her own daughter that struck at me, and the blow missed me, and struck her mother. Witness. My daughter was by my side, in the doorway—she had no chopper, or anything, she was stripped, in her night-clothes, the same as I was myself.
ELIZABETH DYAS . I am the daughter of the last witness—I am thirteen years old. I and my mother and father were in bed that night—I got up when I heard a knocking at the door, and calling my mother most awful names—it was before the door was opened that the prisoner called my mother names—I knew her voice—I went to the door with my mother, and when the door was opened my mother said to her, "If you don't go away from my door I will give you in charge"—the prisoner then up with the chopper that she had behind her, and struck my mother on the nose—my mother fell, and my father went after the prisoner, and found her in Redcross-street—I had no shovel or chopper in my hand—I did not strike at her at all.
Prisoner. You came towards me, and made a blow with a chopper or shovel; I got myself out of the way, and you struck your mother.
THOMAS TAYLOR WEBB (City policeman, 172). I took the prosecutrix to the hospital—she had a severe wound on the nose, and was bleeding much—I saw the prisoner—she had been drinking, but she had no blood or wound on her.
LEWIS HITCHEN ARCHER . I am house surgeon at St. Bartholomew's Hospital. I remember Mrs. Dyas being brought there—she had received a very severe wound, completely dividing the nose; the tip of the nose fell down over the upper lip—it was quite such a wound as might have been inflicted with a chopper—I saved the nose; it is united and healed—she is still in the hospital, but she has been recovered some time—she is quite well enough to be discharged.
Prisoner's Defence (written). Mrs. Dyas came to me with something to pawn, and because I denied her she said she would have her revenge; on 8th Nov., I travelled fourteen miles, hawking, and on my return about 12 o'clock at night I went for bread and butter for my children's supper, who had never broke their fast from the day before; they had no one to look to but me, their father being dead. My daughter and this woman's son lived together; they were coming home from a raffle; there was a mob of people, and they had a few words; I went to get my daughter away, and we were coming towards our own home when Mrs. Dyas came out of her own passage with a piece of stick; she made a blow which she intended for my daughter; I went to prevent her, my daughter having a young baby in her arms; she struck me two blows on the head, which set me in a gore of blood, and her youngest daughter does no more but goes in her mother's room and comes out with a shovel or chopper, I can't say which; she struck a blow at me; I drew myself back, and her mother caught the blow; they got a policeman, and gave me in charge.
COURT to MARY DYAS. Q. Have you a son that lives with her daughter? A. Yes; I do not know that they had been to a raffle that night—I was in bed.
COURT to ELIZABETH DYAS. Q. Did you see your brother that night? A. No; I saw the prisoner and her daughter—her daughter was very drunk indeed; there was a great mob of people in the court.
GUILTY on 2nd Count. —Aged 45.— Confined Twelve Months.
MR. LILLEY conducted the Prosecution.
ELIZA WATFORD . The prisoner is my husband; we live at No. 27, Nicholl-street, Bethnal-green. On the evening of 13th Nov. we had been out and had a little drop of something to drink together; I went home before him, and he came about half an hour afterwards, which, was between 7 and 8 o'clock—I was lighting the fire, and my husband said, "Never mind the supper, I will give you your supper"—we had had two or three simple words before that; I had spoken to him, not thinking it would form to anger; I had not said anything to provoke him; I had done two or three things in the week that caused him to be provoked on the Saturday—he had never acted so before—after he had said this he commenced beating me about the face with his fist—he pulled my cap off, and beat me on the head and the neck—I fell down on my face—I got up, and he shoved me down again, because he did not want me to go out—it was when I was
down he commenced beating me—after I had fallen a second time, I tried to get to the door, and he chucked me out on to the kerb—it was when I had fallen down the second time that he beat me on the head and face—he beat me with his fist as far as I know; there was something in his hand, but whether he struck me with it or whether it was with his fist I do not know—it was a piece of iron, I believe—after I saw the iron I tried to get out at the door; as I was trying to get out of the door I felt a blow at the back part of my head, which nearly stunned me, and then he pushed me—I fell on the kerb on my back, and after that I knew no more—I became senseless.
Cross-examined by MR. ROBINSON. Q. When you got outside you fell down with the back of your head on the kerb? A. I was pushed down—I recollect going down on the kerb—I had been with my husband, and got a drop of drink in Bishopsgate-street—I left him, and went home—I took my errands in with me; coals and candles, and liver and bacon—I did not go in any other public house—I forget whether my husband and I had a quartern, or half a quartern of gin—I had no more after my tea; he has given out that I am given to drinking, but there is no reason for it—it has been said that I am for some considerable time, and I have been called other names as well as that, but I am neither of them—I have pawned a great many things while my husband was out of work, and when he had work, because I had a son of his to keep—my husband has complained of that; he came from the country, a fortnight or three weeks before this—he had been away on some work—he only left me one shilling when he went away—he did not leave me 15s.—I received 3l. when he was away—I had my child to keep, and his son to keep—I can answer no more—I shall faint away in a minute—his son did not live with me at that time; he came to and fro—I lent him money for his lodging—I think my husband was four weeks away—I did not in that time pawn the bed, and all the bedclothes—he left me without money—I asked what I was to do for a living; he said I must pawn some of the things—I pawned the bed and bedclothes to live on—the pillows were pawned before he went away—I did not pawn the table; that was pawned before he went away—I did not pawn the chairs; they are at home—they had been pawned when he was out of work—I cannot tell how long before he went out of town—I did not pawn some plates and dishes; they were broken—he had but two dishes and three plates, and two cups and saucers—I cannot tell you any more, my head is too bad.
(The witness fainted and was carried out of the box. After some time she recovered, and was brought back.)
Q. Have you been drinking at all this morning? A. No; I have not tasted a drop.
Q. On the night when your husband returned from the country, was he obliged to go to his mother's to sleep, because he had nothing to sleep on at home? A. I do not know where he went to sleep—he did not give me 8s. 6d. on the Saturday, when he came from the country; he gave it me on Sunday morning—I took the bed and the clothes out of pawn with the money he gave me—I did not put them in pawn again on the Monday; not till the Wednesday—I believe my husband did complain of that, when he came home—I cannot recollect, my head is so bad.
Q. Did he give you a sovereign on the Saturday morning, when your head was cut? A. He gave me no sovereign—he gave me a sovereign, but he had 14s. 6d. back—I mean to swear he had 14s. 6d.—it was not 11s. 6d.—I have not sworn that he only had 11s. 6d.—he did not complain on that Saturday night of my having pawned other things while he was out—he did
not strike me this blow without any quarrel, but from what words we had in the course of the week, about my parting with the things—we had words several times—I did not get a false key, and take a stove and pawn it—I did not take a stove out of the house while he was away, and pawn it—I did not take the copper out of the place while he was away, and pawn it—he never had a copper in his possession—we never had a copper in that house—I have never been fined before the Magistrate for being drunk—I mean to swear that—I know Worship-street—I was there with my husband—I was not charged there with being drunk.
Q. Was not your husband obliged to pay 1l. 8s., in consequence of the fine and expenses put on you for being drunk? A. I have no recollection of that—I did not pawn somebody else's things—I do not recollect that I was ever charged with pawning any.
MR. LILLEY. Q. On the morning that this happened, had there been any ill-feeling between you and your husband? A. There was not good feeling—we went out drinking—when he went into the country he left me one shilling—when I pawned the things, I paid 5s. 9d. for his club, 3s. 6d. I lent his son, and the rest of the money was for my keep—I asked what I was to do for living—he said I was to take the things—he took 14s. 6d. back out of the sovereign.
ELIZABETH WEBB . I am a widow, and live at No. 7, Old Nicholl-street. On the evening of 13th Nov. I was passing the door of the prisoner's house—I heard a scream of "Murder!" which proceeded from the parlour—the shutters were open, and I looked through the window—I heard the wife scream—I knew the prisoner and his wife before, by their living in the street—I did not hear the prisoner say anything—I saw him knock the woman down—he struck her across the head, and in the face, with a piece of iron—I did not see him do anything else—I went away—I saw her fall from the blow—at the time she fell, the prisoner was by the drawers in the room—I did not see her fall anywhere else before I went away—when I went away she was indoors, lying down by the drawers—I did not see any blood—I went away—I went upstairs, and was called down again, and assisted to take her to the doctor's—she was covered with blood, on the pavement, against her own street door, lying senseless—my dress was very bad with blood in carrying her—the policeman helped me to take her to the doctor's.
COURT. Q. You saw him strike her with a piece of iron? A. Yes—it was a black piece, such as is used for stirring the fire—I am sure it was iron, because I saw it afterwards, when I went into the house to get Mrs. Watford's things; I saw the piece of iron lying in the grate—the daughter told me what sort of a piece it was—I took the daughter in to keep her—the daughter is eleven years old, I believe—I saw no blood when the prisoner struck the woman with the iron—I picked her off the pavement—that was about ten minutes or a quarter of an hour afterwards—I was upstairs, washing myself after I had done work.
COURT to ELIZA WATFORD. Q. Was your daughter present? A. No.
JOHN LOWE (policeman, H 122). I took the prisoner on this charge—I assisted in conveying the prosecutrix to a surgeon—I found her lying on the pavement, in a quantity of blood, near her own house—she was bleeding from the back part of her head—her face was swollen, so that I could not see her nose at all—her clothes were so torn, that I was forced to get an apron from a young man before I could take her away, for decency's sake—the prisoner was standing outside his own door, about a yard from her—I asked him how he came to do it—all the answer I could get from him was, u take her away;
chuck her on a dunghill, and let her die"—before I took her to the medical man, I asked him to let me put her inside the house, as she was not in a fit state to carry through the street—he told me if I entered his door he would lay my b—y head open with a poker—afterwards, as I was taking him to the station, he inquired if she was dead—I told him I did not know—he said he hoped she was, and then there would be an end of it—he had been drinking, but was not to say intoxicated—I think he knew what he was about.
Cross-examined. Q. What made you think he had been drinking? A. Because he smelt very strong of liquor; I was compelled to put my head close to him—he was in a very excited state—he said, "Is she dead?"—I replied, I did not know—he said he hoped she was, and then there would be an end to it.
COURT. Q. Before he said, "Take her to the dunghill," had he said anything else? A. Not in my hearing; I have been examined before, but I have been ill since—I have been ill-used—my memory is impaired.
WILLIAM THOMAS BELL . I am house surgeon at the London Hospital. I saw this woman on 13th Nov., when she was brought to the hospital—she had two lacerated wounds on the back of her head, and several contusions on her head and face—her eyelids were closed, she could not see—the upper part of her chest and left side, and just at the point of her shoulder were black afterwards, but did not come black immediately—they were contused wounds—her clothes were all torn off—she appeared sober, but of course was a good deal excited—I never saw a woman's face so knocked about before—I examined the wounds at the back of the head—they were parallel to each other, and were about two inches apart—they might have been inflicted with any blunt instrument—all wounds on the head are dangerous—there was danger of erysipelas, but it did not come on—she was in the hospital from the 13th to the 30th, and was then discharged.
Cross-examined. Q. Erysipelas may come on from any wound in the head, but putting that out of the question, you would not have called these dangerous wounds? A. No; they were not sufficiently large to cause danger without that—she is a poor woman, and we thought she drank—we think that all women who come to the hospital are drinkers.
George King, a carpenter, and Benjamin Barneit, a carpenter, gave the prisoner a good character.
GUILTY of unlawfully wounding under circumstances of great provocation . Aged 63.—Recommended to mercy by the Jury— Judgment Respited.
THIRD COURT.—Thursday, Dec. 16th, 1852.
PRESENT—Mr. Ald. FINNIS; Mr. Ald. WIRE; Mr. Ald. CUBITT; and Mr. COMMON SERJEANT.
Before Mr. Common Serjeant, and the Seventh Jury.
MR. COOPER conducted the Prosecution.
JOHN BUONAVENTURAL (a Lascar). I was boatswain of the ship Clontarf—I shipped at Calcutta—when we were at St. Helena, I was put in irons by the captain (the prisoner), because I wanted to leave the ship—I wanted to leave the ship because the prisoner gave me but two biscuits and a half, and not proper provision, and beastly beef—I remained in irons two days—my hands were fastened behind my back, and my wrists were swollen—I am a Spaniard—(the witness could scarcely be understood, and one
of the other witnesses was called in to interpret the evidence, but, MR. ROBINSON (objected to his being in Court, and he withdrew); the next day about 6 o'clock, the prisoner ordered me to the wheel—I said my hands were in pain, and swollen, I could not go, and there was pain here, my back—the captain said, "I will take away directly your pain"—he then gave me two blows with this staff—a boarding pike about ten feet long with an iron head, was here produced); he struck me once on the shoulder, and once on the arm, and my arm was broken—the men at the wheel were there—my arm was done up, after it was broken, by the doctor of the ship—the apprentice boy was near me when I was struck.
Cross-examined by MR. ROBINSON. Q. Were you what is called the serang? A. Yes, the man who has the command of the coloured men—we shipped sixteen coloured men—they all shipped as able seamen—they have refused to work when the captain has ordered them—I recollect the captain going on shore at St. Helena.
Q. When the captain came back, did you and others refuse to prepare the ship to go to sea? did you knock off work? A. The captain called me into cabin, and said to me, "What for you no work?"—I said I was very hungry, I had only had two biscuits and a half—one moon, before going to St. Helena, I was at the wheel, and was thrown right over the wheel on the deck by a lurch of the ship—I was attended by Bremen—the coloured men very often on the voyage undid the bandages, and looked at my arm—I do not know how many times; sometimes a week, sometimes ten days, sometimes fifteen days—I have seen Bremen since I have been in England.
JOHN HAYES . I live at Shadwell, with my father and mother—I was a seaman on board the Clontarf, in Sept.; we were off St. Helena, on 22nd or 23rd Sept.—Buonaventura was serang of the coloured men; I recollect his being put in irons; that was because the rest of the crew expressed a wish to go on shore and see a Magistrate, in consequence of the ill-treatment and starving they had received on board the ship; they were flogged and kicked several times—upon their stating that, they were called aft to the cabin one by one, and seized and put in irons, five of them—Buonaventura was one of the five; he remained in irons twenty-four or twenty-five hours—I cannot say in what way they were ironed, I was in the forecastle under medical treatment at the time—I believe they were not fed while they were in irons; I did not see any provisions taken to them—the next day they were released from their irons, and returned to their duty till the evening part; they were released in the morning time, I cannot exactly say what time—in the evening, I heard Buonaventura's name called by one of the boys to go to the wheel, and he went aft, him and me were in the forecastle at the time; he went aft to go to the wheel, and passed by the captain about a yard, when he was called back by the captain, who had some conversation with him, which I did not hear—one of the apprentice boys was standing on the poop, and I saw him run down towards the cabin, and return immediately with this boarding pike—the captain took it from him, and gave the boatswain a blow on the shoulder—the boatswain fell on his knees with the blow; the captain up with it and hit him a second time on the arm—I saw the arm fall, and the boatswain sung out, "Saib, saib! broke, broke!" saib means, "Sir"—when the first blow was struck, I called the doctor, Charles Bremen, but the captain could not hear what passed between us; he was in the after part of the ship, and I in the fore; Buonaventura then came forward, and the doctor looked at his arm, and began to dress it—we had no splints on the ship, and the doctor was obliged to apply something else.
Cross-examined. Q. You were in the forecastle, below? A. Yes; I had been
ill some time in consequence of my ill treatment on board the ship—I had been flogged, and tied up—the night before this happened there was an inquiry on board the ship as to an alleged mutiny—the result of that was that the captain said that three of us were the ringleaders, and swore he would hang one of us next morning, he did not care which it was—I got a flogging, and sixteen or seventeen besides—there were very few escaped—we were rope's ended about the ship—I was seized up to the mizenmast and flogged, and another man at the rigging, and also the third mate named Staff.
Q. Was the third mate sent forward to act as a seaman on account of not being able to do his duty? A. He was sent forward on account of being sick—his rations were stopped, and he came into the forecastle, and I divided my rations into three parts, and gave the chief mate one part, the third mate another, and myself the remainder—plenty of the coloured men were flogged—when Buonaventura was called aft I was sitting on his chest, against the door—I was under medical treatment at the time—I was not in my hammock, I had not been in all day—I had received no rations all day, and I was looking out for the steward to ask for some—when Buonaventura got about a yard by the captain he was called back, and I saw there was some conversation—I could not hear it—the apprentice was within two yards of the captain—that was about a minute or so before the apprentice was sent down—when he came back the captain took the boarding spike and struck the man—he must have said something first, but I could not hear it—I was examined before the Magistrate.
Q. Just tell me whether this is true?—(reading from the depositions). "In the evening I saw him go on the poop, and saw the captain speaking to him—he had a boarding pike in his hand—an apprentice boy was standing close by him—I saw the captain strike Buonaventura twice with the boarding pike?"—A. I did not say that he had it in his hand, because he sent for it—I stated that at the police court—that is my signature to the deposition—it was read over to me before I signed it—I attended to it and signed it—one word might have slipped me—(the deposition was here read)—I did not see Buonaventura's arm opened very often by the men—the bandages came off twice, and he asked me on one occasion if I would put it on—I told him if he would give me 5l. I would have nothing to do with it, because I knew I should be seized up, and flogged next morning for it—I never saw the coloured men undoing his arm—it came undone itself in the bunk where he laid; I saw the coloured men looking at it, putting the bandage on, but not taking it off—I recollect the captain going on shore at St. Helena; he ordered the sails to be furled, and the ship scrubbed round—when he came back the sails had been furled, and the ship partly scrubbed by the Europeans on board—he did not order the black men to do anything which they refused to do; it was late at night when he came back, he did not see the men that night—I did not hear him complain that the ship had not been prepared—the captain was obliged to get men from the shore to prepare the ship for sea, but that was when he had the coloured men confined in irons—they were confined because they refused to work until they saw a Magistrate, or an officer from the Penelope man-of-war, which was lying there—I gave one of them a letter to take; the waterman gave it to the captain, and I was flogged for it afterwards; I am only now getting well from it—I had thirteen lashes across the thick of the leg, but the captain counted twelve only; the first blow the boy gave me, the captain said, "I will give you two for that," and he took the gutta percha whip out of the boy's hand and gave it me across the thigh, and said, "John, I believe
that is a tickler for you;" and he kept saying, "Fancy John, steam along," which was a nick-name I had—I did not sometimes advise the men not to work till they got provisions; I advised them to ask the captain's leave to see a Magistrate—the men were complaining on the night of the trial, the captain was in a state of intoxication, with a pistol in one hand and a whip in the other, and kept putting the pistol in the men's mouths; and the chief mate acted as clerk, and took down the depositions on a slate—I was once before a Magistrate on the Island of Mauritius for being intoxicated on shore; I was fined 13s. for it—that is the only time I have ever been before a Magistrate, either making a charge, or charged myself—I used to see Bremen every day after we came home till I went to my father and mother's; and I have been at his house three or four times; I went there to see the chief mate, who lodged in the same house, when we were wanted to attend the police-court; we had several cases to bring against Mr. Harrison—Anthony Laurence was one who had a case to bring against the captain—I do not know whether Bremen was another—Bremen was confined, and kicked, and treated about the same as the rest of us, and his rations stopped; that was the first medicine applied on board, when we were taken bad the rations were stopped—I had been having jalap three days running, I complained, and the captain ordered the doctor to put twelve drops of croton oil in it, and put the pistol to his ear, and ordered him to give it me; and the captain gave me a kick, of which I have the mark now—I told the captain he was very cowardly towards me, and when I came to London I would seek redress—I never told him I would take redress into my own hands; I was too frightened—I do not ever recollect telling any one to fire the ship—after we crossed the line the captain threatened to shave me; I said I could not help it; he said a little bit of a touch-up would bring the swelling out of me, and he commenced the shaving that night—the captain sat down under the break of the poop, and his wife and child, and one of the female passengers out of the two that were on board; there was a large tub of water fixed on one side, and the boys were there—I was culled aft when I was getting my supper—several of them were called a before me, and when they came forward again their hair and face was full of tar—we had then passed the line nineteen or twenty days—we were seven weeks and four or five days coming from the line to England.
Q. I must have an answer to my question; I want to know whether you have said or heard others say anything about firing the ship? A. Not till that night—that night I was sent for; I went aft, and one of the men, Hanson, who was officiating as Neptune, said, "Here is Fancy Jack, I am glad to see you;" and the captain said, "Give him a rubbing up"—they asked me my name; I said, "You have no occasion to ask my name; I have been across the line oftener than those who are going to perform the operation on me;" they set me down on a large tub of water, with a piece of board across it; I was shoved backwards, and as soon as I got up my eyes were blinded, and they asked me my name again; and one of the boys dabbed a lot of tar all over my face, and tried to rub it into my mouth; and when I made no answer, this man Neptune asked me several questions, and then the captain said, "Let him go:" and some of the coloured men were brought aft again; I had to remain by the tub; I had to bring the next man aft, and the men were asked different questions, and the combustibles which were mixed up were tar and pig's dung, to shove in their mouths; and they were asked who told them to knock off work on that night; they said they saw the other men knock off, and they wanted to see "Justice," meaning a Magistrate—I should think we were fourteen or fifteen days coming from
St. Helena to the line, and we had passed the line nineteen or twenty days when this happened—at the end of about forty days from St. Helena the men were asked why they knocked off work at St. Helena—I have seen shaving in fourteen or fifteen ships; in many ships it is not performed.
Q. What about firing the ship? A. I heard nothing till that night, when I heard one of the men say that the captain said that Laurence was ordered to set the ship on fire—I did not hear anything said at the same time about breaking the captain's legs; I had more conversation with these men (the Malays), on account of speaking part of the language, and I repeatedly told them to keep quiet till we got to England, and then go to a Magistrate—I am not what they call a sea lawyer; I have never been charged with it—I did not at any time take an axe from the cook's caboose, and take it to my berth, and when it was found say I had taken it to hammer my chest—I did not take it; the man who took it is in Court; his name is De Cruse.
CHARLES JAMES BREMEN . I was on board the Clontarf; I worked my passage home—I am not a doctor, but I was a student at the College of Calcutta—I remember the evening in September when Buonaventura was ordered to the wheel—he came to me, and said the captain had called him; I came to the forecastle door, and saw him going aft; I stood outside the forecastle door, and Hayes called me out, and said, "Come here"—I then saw the captain strike Buonaventura with the boarding pike, on the arm, swinging it round—I cannot say whether he swung it with one or two hands, I was so astonished to see him so struck—after he was struck he went down on his hands, and begged forgiveness; I cannot tell the words he made use of, but I judge from his actions—he then went aft to the wheel; I stopped down, and looked under the sail, and saw the captain following him there; and he took a whip from one of the boys, which he had for flogging the men on board, and struck Buonaventura with it; I could not see from where I was whether it took effect, but he waved it over him—I examined Buonaventura's arm about three hours after, and found a compound fracture about an inch and a half above the elbow—I set his arm, but did not attend to it afterwards; he went to live in the forecastle, and I was three days in prison myself—I cannot tell exactly how I came to be in prison; Captain Harrison split my lip with a whip, and ordered me there—I was not ironed, I was locked up in a standing-up place, all full of paint pots; there was no place to sit down—after I had examined Buonaventura's arm, I saw the captain, and said to him, "This man's arm is broken;" he said, "Is it broken? show me where it is broken; if you do not show me where it is broken, look out;" or words to that effect.
Cross-examined. Q. What school of medicine were you at at Calcutta? A. A Hindoo school; I was there twice—I was ordered to the army in the Sutlej—I was at the school two years as a compounder, on two separate occasions—I was a private in the army first, then a corporal, and afterwards a sergeant; that was after I was at the college—I was in the medical department of the army afterwards, in the hospital staff belonging to the army—I have three wounds, which I got in action in the Sutlej—I was in the hospital with those wounds, but not professionally—I was afterwards assistant to Dr. Boyce, twelve years, with whom I passed my examination, and he sent a certificate for me to join the army—I passed an examination as compounder of medicines; I never passed an examination as a surgeon—here is my certificate—(producing it)—I asked Captain Harrison to take me on board the Clontarf to work my passage home, not as a surgeon—I did not act as
surgeon, but these natives, who knew me in Calcutta, came to me—I was on the pig-house when the captain struck Buonaventura—I was called there by one of the sailors to look at the captain striking the boatswain—I was at the door of the forecastle when the captain first sent for the boatswain, who called me out, and the other sailor was on the top of the pig-house, and he called me there, and I stooped down and looked—the first thing I saw, was the captain striking the boatswain on the arm—he waved the pike round his head in that way (describing it)—the inspector of police brought the pike here to-day—it was Hayes who called me on to the pig-house, and Lawrence was there when I got there—the pig-house is seven, eight, or ten yards from the forecastle—I was in prison, because the captain accused me of things he heard of by other people telling lies—I was brought into the cabin one night, and the captain was there, and a number of men, and he struck me at the back of the head, and said, "Sit down there," and he had the mate writing on a slate the men's confessions, and when it was done he read it over and signed it, and he put a pistol to my mouth, and ears, and a number of places—the pistols were capped—I was never charged by the captain with being one of the ringleaders—a few days after that, the captain told me I had been inciting the men not to work—we arrived here on 17th, I have seen Hayes a number of times since, here and at the Thames police, and he came on one or two nights to my lodgings—he asked me not to leave London till I had seen about this case, and I said no, I was bound over to appear at the Sessions—I have not received any money from Hayes—I was to have 1s. a month for the voyage, and I got a register ticket in Calcutta—I have never been a seaman before—I went out in 1838, but not as a sailor—it was in the early part of the evening, that this assault took place, it might be 4, 5, or 6 o'clock, but I had no watch.
MR. COOPER. Q. How was it you were in the hospital at Calcutta? A. They take men of good character out of the regiments to be instructed, and then to join the army again as doctors—during the Sutlej war, I was attached to the 16th Lancers as assistant surgeon.
ANTONIO LAURENCE (a Malay). I was on board the Clontarf. I saw Buonaventura on this night, and saw the captain take the boarding pike, and strike him with it, and say, "Go by, you black nigger," and then strike him twice with it.
Cross-examined. Q. Where were you? A. On top of the pigstye; the doctor, Mr. Bremen, and Hayes, were with me—the doctor and Hayes, were there the whole time—I had been there about six minutes—I was there when Buonaventura passed to go aft, and the doctor came out when Buonaventura went aft, and he stood on the top to look at him—the doctor came on the top before Hayes—I am a Roman Catholic.
COURT to C. J. BREMAN. Q. You say you saw the man's arm struck and broken, and examined it three hours after? A. It might be four hours; I did not examine it before, because there was no light in the forecastle—he was sitting crying, with his arm on one of the men's trunks, and calling for me to come and look at it—I knew where he was, and that his arm was broken, and I was afraid to go to the captain—I examined it so far that I knew it was broken, but I wanted a light, and another person to hold the arm while I tried to set it—when the captain heard of it about three hours afterwards, he ordered it, and me and the chief mate brought the man aft—I could get no bandages or splints before that—I afterwards tore up three or four of my own white shirts.
Buonaventura came there this day or yesterday month, he was suffering from an ununited fracture of the arm—it had been broken some time previously about two inches above the elbow, and was not united at all—there may be a great many causes why it was not united—it may have been from bad living, or not being properly done, or a variety of causes—I set it, and have attended him since—it is very likely he will never recover the use of it again.
(MR. COOPER proposed to examine the chief mate, in consequence of the course of cross-examination which had been adopted. MR. ROBINSON objected; he having been in Court during the examination of the other witnesses. The COMMON SERJEANT was of opinion he ought not to be called.)
MR. ROBINSON called
JOHN DENNY . I was second mate of this ship—it is 1,091 tons burden—I recollect the Malays being shipped at Calcutta—they shipped as able bodied seamen, but they were useless; we shipped Hayes at Calcutta also, and he was equally as bad, he laid up most part of the passage, and it was stated he was the ringleader among the others to make them knock off—that was stated in his presence by the third mate, and put in the log book—the third mate made a confession to the captain in the presence of the chief mate, me, and the doctor, and said that Hayes was leader of the gang—I heard the third mate, in Hayes' presence, state to the captain that Hayes said, "Now my lads is the time to knock off—the captain cannot get men here, and he will have to let you go—there is a man-of-war here, and he cannot go to sea without you"—that was at St. Helena—I remember the captain going on shore at St. Helena—when he came on board again the men refused to weigh anchor; and we had to get a number of men from the shore to purchase the anchor—we had to hire the men from the shore, in consequence of the men refusing to work—the chief mate went into the forecastle and asked the men one after another whether they would, work, and they said, "No"—Hayes was laid up in the forecastle at the time—the mate asked the boatswain afterwards, and he said, "My men no work, me no work"—the captain acted very well to me throughout—on the passage home, with the crew we had, and loosing the sails and yards, it was enough to irritate any man, at St. Helena it was proposed to knock off, and it was stated by the coloured men that they had thought to knock off at the Cape of Good Hope—when the coloured men were let out of irons, one of them stated that one gave another a knife to cut the captain's and my throat, and then fire the ship—I never saw any cruelty on the part of the captain, or any sort of discipline, except what was necessary for the ship—the captain's wife and child and two female passengers were on board.
Cross-examined by MR. COOPER. Q. Have you not been promised to be first mate should the captain go out again? A. No; I swear that—I have not been promised to be taken again by him in any capacity—I have been struck by the captain with a whip, I cannot call it flogging—I cannot say what sort of a whip it was—I was struck once or twice—I came to give evidence of my own accord—I was on deck at the time Buonaventura's arm was broken, but I did not see it broken—I cannot tell how it came broken, but I know he was heaved over the wheel several times—I cannot say whether Hayes or Bremen were on deck when his arm was broken, it was Lawrence's watch below—we had plenty to eat the whole time—when at St Helena we were close to the land—I do not know whether there is a British consul there—the captain went on shore two or three times while we were there—I never heard a complaint of bad fare—they continually complained that they could eat more—I did not hear them complain of want of food when the
vessel was off St. Helena—I had full rations, I do not know whether all the men had, I did not serve them out—I will not swear whether they had or not—I fed in the cuddy at the captain's table—I lived with the captain throughout, from leaving Liverpool to coming to London—I swear I have not been promised that I shall be second officer when he sails again—I never sailed with him before—I cannot say whether it is usual for second officers to be flogged—I did not hear any complaint at St. Helena till they knocked off; they did not then complain of not having sufficient food, they said they should like to go ashore—they did not assign a reason, I swear that—I do not know what reason was given for their not being allowed on shore—they belonged to the ship, they must stop with the ship to bring her home—Hayes was a Quarrelsome man, he was ill at St. Helena, and nearly all the passage home—I do not know whether the captain could have sent him ashore at St. Helena, as he was ill, and carrying on this mutiny—I have never been flogged—I have been struck before, when on board ship, many a time when I was a boy, and since when I was not an officer—I cannot say what it was for now—I have never been in gaol—I went before the Magistrate at the Thames police-court once, to try to get the balance of my wages, but I did not get it.
MR. ROBINSON. Q. Do you know that if Hayes had been sent on shore at St. Helena, the captain would have been liable to a penalty of 100l.? Do not you know that the captain is liable to bring the men home again? A. Yes; Hayes signed at Calcutta—I do not suppose any men were to be got at St. Helena—if the captain had complained to any consul or magistrate of a man, the ordinary course is to imprison the man, but we wanted to get away from St. Helena—the coloured men signed for different provisions to the others—it is usual for the first and second mate to dine at the captain's table—I had a cut with a whip, but I do not call that a flogging—blows are very often given in that way on board ship—I cannot tell you how this man's arm was broken—I was on deck when they complained and said the arm was broken, I had not seen it, or seen the blow given—I recollect his being thrown over the wheel, and I picked him up, and the captain sent down for a glass of rum for him, and he was laid up with the pain, and could not take the wheel afterwards—I am not sure whether his arm was broken, he complained of pain in his body.
JOHN HARRISON . I was a seaman on board the Clontarf—twelve men came on board from St. Helena, to get up the anchor—they were slaves from the coast of Africa—the other men had refused duty—I did not see Hayes refuse duty, he was lying in his hammock at the time—I never heard him recommend the coloured men not to work—we were not short of provisions; I was a seaman; I did not mess in the cabin—I always had my fair provision till it ran short, and it was made up in the Channel again—we were short of provisions for about a fortnight before we got into the Channel—when at St. Helena we had our fair provisions—I recollect the shaving, it is the custom in general in ships—it was conducted in the same way as such operations are generally performed—it is only for fun, only to keep up the old thing—one man is dressed as Neptune, another man is then placed on the tub and asked questions, and the moment he opens his mouth some stuff is sent just on his lips, not in his mouth—I saw Hayes shaved; he would not allow it at all, and there is no compulsion—he was not shaved at all—there is no truth in saying they sent a quantity of tar and pig's dung into his mouth, they never sent anything at all.
Cross-examined. Q. When people are shaved, I think Neptune is one of
the people of the ship, and stands by? A. Yes; he gives the order, the captain does not—it is not usual to shave when 900 miles beyond the line—I was once flogged by the captain on the poop for using bad language—I was not, when I came ashore, going to the police-court to complain of that flogging.
Q. Were not you, when you came ashore, going to the police-court to complain of this flogging, on your oath; and recollect what you are doing, it is no Neptune joke here, recollect that? A. No, I was not going to make a complaint, but I had the papers in my hand, laid them down, and they were soon picked up, and the policeman took them—I did not get them again—the captain was very sorry after he had done it; that is the reason why I was not going to make a complaint—I should not have made a complaint if the papers had not been taken away—I know Laurence; after Buonaventura had complained against the captain, I went to Laurence, and tried to persuade him to go to the captain; that was to settle about the wages, nothing else—sailors are sometimes paid at the captain's house; sometimes at the cabin, and sometimes at the owners; it is just as the captain wishes—I swear that is why I told Laurence to go to the captain—the captain had told me to tell Laurence to come to him and he would pay the wages—when we were off St. Helena the men asked leave to go ashore—I do not know why—I swear that—I swear I did not hear the captain say, when they wanted to go before a Magistrate, "I will magistrate you"—I did not hear a syllable like it—the captain has told me he will give me the privilege of sailing again with him if he gets a ship at Liverpool—that was before this happened, and afterwards too—I was not to be first, second, or third mate, only able seaman as I am—I saw this man's arm the same night it was broken, but I did not see it done—I was in the forecastle at the time it was done—I have seen several boarding pikes, half a dozen—I saw two boys walk the poop that night; each had one—I do not know what they were stationed there for—I never asked the question—I dared not ask—I had nobody to ask.
MR. ROBINSON. Q. Had you seen these boys walking with pikes before that? A. Yes, the captain has offered to take me again; I was with him all the voyage, and I would go another, or two more with him—I have seen Hayes as well as Laurence—they have not given me any recommendation about going before a Magistrate—that is the first mate (pointing him out)—it was inspector Bridges who took my papers—those are them (pointing to some on the table).
WILLIAM JACOBS . I was steward on board the Clontarf—I recollect the men coming on board at St. Helena to weigh anchor—that was in consequence of a mutiny, or something like it, on board—I heard the men refuse to work on several occasions—the men all shipped as able seamen, except one; but they were not able seamen—I had to do with the provisions—the men signed for certain rations, and they got them all but for the last fourteen days before we came into the Channel—I served them out—there is no pretence for saying the Manilla men were short, except for that fortnight—I saw the shaving—Hayes was shaved the same as the others; just his face blackened, and put into the water—I do not know how many were shaved.
Cross-examined. Q. I suppose he had that beautiful lather tried to be put into his mouth, pig's dung and pitch? A. I did not see it; he was served like the rest, but I never mixed the lather up—when off St. Helena I did not
hear the men complain of the captain, and want to go ashore—I swear that—some of the men asked me for biscuits when at St. Helena, and I said I had given them their rations—the rations were 1lb. a day—I never heard them complain of being badly provisioned—I have sailed with the prisoner over three years—I have not dined or drunk grog with him—I will go with him again, if he wants me.
GUILTY. Judgment respited.
139. WILLIAM HOWKINS , embezzling 2l. 17s. 6d., 12s. 6d., 4l. 13s. 6d., also 3l. 7s. 1d., 1l. 2s. 6d., 6l. 5s., also 2l. 17s. 6d., 3l. 2s. 5d., and 4l. 13s. 4d.; of John Harwood, his master: to all of which he pleaded
GUILTY . Aged 50. Judgment respited.
NOT GUILTY .
Before Mr. Common Serjeant.
DOYLE pleaded GUILTY . Aged 24.
HOGDEN pleaded GUILTY . Aged 56.
Confined Twelve Months
GUILTY. Aged 18.—Recommended to mercy. — Confined Two Months.
Before Mr. Recorder.
WILLIAM RENNETT . I am foreman of the gravel-pits on the turnpike road at Leyton. On 20th Nov., at a quarter past 4 o'clock, I locked up six shovels and four picks—I went on 22nd, at 7 o'clock in the morning—the locks were broken off, and I missed two short shovels—I found them the same day at a pawnbroker's, at Stratford.
Prisoner. Q. When you came to me on the Monday morning, you asked me to go to the pawnbroker's with you; what did the pawnbroker say? A. He did not say whether he would swear to you or not.
COURT. Q. Did you go to fetch him? A. I asked him if he would go to Stratford with me, as, from the description the pawnbroker gave me, I thought he was the man—he worked for the same master as I did—the pawnbroker did not say whether he would swear to him or not.
WILLIAM JAMES LAW . I am in the employ of Mr. Bressy, a pawnbroker, at Stratford. On Saturday, 20th Nov., a person brought two shovels—I took them in pawn, for 1s.—I gave them to the last witness—I believe the prisoner is the man who brought them.
Prisoner. Q. When you came to the shop with the witness, did not you say you could not swear to me? A. I said the only doubt I had was, I had seen other men that night; but every time I have seen you since, confirms me in the opinion that you are the man—I told Mr. Franks that I had no doubt that you were the man; that I had seen several men that Saturday
night, but that was the man I could fix on as the man that pawned the shovels.
Prisoner. Q. Did you not state it was at 6 o'clock? A. I stated so at first, but I came to recollect after that it could not be later than twenty minutes past 5 o'clock—I said it could not be later than half past 5 o'clock.
Prisoner. Q. I said I had a witness to prove where I was at 6 o'clock, at half past 5 o'clock, and at 5 o'clock, and did you not then state it was 5 o'clock? A. I said that it might have been a quarter past; but it must be between that and twenty minutes—I remember the lads were down at tea at the time, and it could not have been more than from twenty minutes to half past 5 o'clock—I go down first to tea, but on Saturday we have tea a quarter of an hour before 5 o'clock to get it all over by half past 5 o'clock.
COURT to WM. RENNETT. Q. Why did not you give him in custody on Monday? A. I did not consider that I had a right, because the pawnbroker would not state that he was the man.
COURT to W. J. LAW. Q. Do you remember Rennett coming with the prisoner to you on the Monday? A. Yes—I said the prisoner was to all appearance the man—I had no doubt about it, but he had not precisely the same dress that he had on Saturday—there was another man pawned one shovel about the same time, but that man has since redeemed it—I do not remember that any man but that man and the prisoner pawned shovels that night—I had some doubt about the prisoner on Monday, on account of his dress.
Prisoner's Defence. At 5 o'clock I was at work above a quarter of a mile from this shed where the tools were; I had to come by the shed to come home; I asked my child how long her mother had been gone to Stratford; she said half an hour; I said, "I will go and get a pint of beer;" I went and stopped till half past 6 o'clock; I then went home from the Plough and Harrow; I was not near Stratford the whole night.
COURT to HADDINGTON. Q. Did you search the prisoner, or his house? A. No; I do not know whether he had any duplicate; but he was aware of it, and he would have destroyed it.
COURT to LAW. Q. How was the man dressed on the Saturday evening? A. He had a short smock frock on, and an old coat over it—on the Monday he was dressed as he is now.
The prisoner called WILLIAM JOLLY. I am a labouring man, and live at Harrow-green, Leytonstone. The prisoner lives within ten or a dozen houses of me—on Saturday, 20th Nov., he was at work with me on the road, about four or five hundred yards from the shed where the shovels were—we both left work at 5 o'clock that evening; we went together, I to my home, and he to his—I turned to the left, and he went straight on—I live new him, but there is a wide green parts us—I had to go four or five hundred yards; he had to go about one hundred yards further than me down the Stratford-road—we had been at work near the Bell, at Leytonstone—I saw him again about half an hour afterwards at the Thatched House at Holloway-down, about half a mile from where he lives, and about a mile from Stratford—he was there with me from half past 5 till ten minutes past 6 o'clock—we then returned home together, and I saw him no more till Monday—I received my wages about half past 8 o'clock on Friday morning, and he received his wages—he had been working, only part of the week—the road where I parted from him
would not take him near the shed—that stands fifty or sixty yards from the road—we leave off work at dark—I should say the Thatched House is quite a mile from Stratford—it was half past 5 o'clock when I went into the Thatched House—I saw the clock—I had not agreed to meet him there; I was going to Stratford to meet my wife, and he asked me to drink—I went in and stopped a few minutes, and then, as I thought my wife was gone home without me, I returned home—the place where we were working is a mile and a half or rather more from Stratford—a man must walk very quick to get from where I left the prisoner to Stratford, and back to the Thatched House in half an hour; I did not ask him where he had spent that half hour.
NOT GUILTY .
Before Mr. Recorder.
HENRY CRUTCH . I am a seaman, on board the Rosamond; I was paid off at Woolwich, last Wednesday week—I saw the prisoner at the Powerful Inn that night, between the hours of 5 and 6 o'clock; I had known him for upwards of three years—I was drinking with him; I gave him a sovereign to get change—he took it out of the room, and did not come back—he was sober—I went to look after him, but could not find him—I found him next morning on parade, and gave him in charge—I was quite sober when I gave him the sovereign; I had sailed with him on a former voyage—when I gave him in charge, I told the constable in his presence what it was for; I said that he had taken a sovereign away from me when I had given it him to change it; the prisoner said he was innocent of it.
Prisoner. Q. What time did you give me into custody on Wednesday morning? A. I cannot say the time, it was in the afternoon; the parade was not over till after three o'clock.
JOHN LEARY . I am lodging at the Powerful Inn," at Woolwich; the prosecutor was there drinking with two marines, I was acting as waiter—I cannot say whether the prisoner was one of the marines or not—they were up stairs—I went for the money for the beer, and I saw the prosecutor pull out a tin box and give a sovereign to the marine to change for him; when he took out the sovereign the marine said, "I will go and change it for you"—the marine took the sovereign from him, and left the room with it; I afterwards went with the prosecutor to look for him—I did not know him before.
CHARLOTTE SAYER . I am the wife of Edward Sayer, who keeps the Powerful Inn, at Woolwich; I saw the prisoner there on the Wednesday evening in question—I had never seen him before, but I am sure he is the man; he came down to the bar, and asked me for change for a sovereign—it was between 5 and 6 o'clock in the evening—I gave him change, and he returned me 6d. for a quartern of gin—after drinking it, he went out—the prosecutor afterwards came down and made inquiries about the sovereign—I did not change a sovereign for any other marine that night—he was not in liquor at the time he changed it.
JAMES HADRILL . I am a sergeant major of the Royal Marines, the prisoner is in that corps—I remember the sailor coming to the barracks on this Wednesday evening—he gave me some information, and mentioned the prisoner's
name; in consequence of that the prisoner was brought to me in about a quarter of an hour, and I told him that a sailor had been, and laid a very serious charge against him for robbing him of a sovereign—he denied any knowledge of it, in fact he said he had not been out of barracks—I said it was a very serious charge, not only disgracing himself, but the corps; and if he had taken it he had better see the man, make amends, and settle the matter—he said, "If I have done anything wrong, I am willing to pay 5s., 10s., or 15s., but I can't see why I should pay for two"—I cannot say what he meant by that, except that I have since learned that two of them were in company, and that they divided the spoil—he was apprehended about 10 minutes past 3 o'clock the next afternoon.
THOMAS JOYCE (policeman, R 215). The prosecutor came to me at the police station, between 11 and 12 o'clock on the Thursday—I went with him to look after the prisoner—we first went to the barracks; he was not there—we found him on the parade at 3 o'clock in the afternoon—I told him what he was charged with; he said he was not guilty, he had never seen anything of the sovereign at all.
Prisoner. I have nothing at all to say.
The RECORDER, in leaving this case to the Jury, stated that simple as the facts were, they involved a question of law of some importance—viz., whether they established a larceny or not; there was no doubt that if a person entrusted his servant with a sovereign to change, and the servant appropriated it to his own use, that would be a larceny, because the owner had not parted with the possession of the sovereign, his servant's possession being, in fact, his own; it had, however, been held that if a person parted with the possession of his property to another, not his servant, and that other disposed of it for his own purposes, that would not amount to a larceny; but if property be obtained from the owner upon some mere pretence, with the intention of converting it to the use of the person obtaining it, that would be a larceny; and it could only be upon that ground that the Jury in this case could find a verdict of guilty.
GUILTY . Aged 27.— Confined Four Months.
(The sergeant stated that the prisoner did not bear a good character in the regiment, although no charge of dishonesty had been made against him before.)
Before Mr. Common Serjeant.
GUILTY . Aged 23.— Confined Two Months.
MESSRS. BODKIN and DAWSON conducted the Prosecution.
JOHN EWENS . The prisoner and another came to my beer house, at Eltham, on 18th Nov., and had some beer—the prisoner came to the bar, and asked for a pot of beer—he gave me a shilling; I gave him 8d. change in copper—I put the shilling in the till, where there were half crowns and sixpences, but no other shilling—soon after, the prisoner came again for another pot—he brought another shilling; I gave him 8d. change again—I put that shilling in the till with the other one—by and bye the prisoner came again, and brought another shilling for another pot of beer—I put that shilling in the till with the other two—after the prisoner and the other man had been in the house some time they went out, and came in again in about ten minutes—the prisoner then came for another pot, and gave another shilling; that was the
fourth time—I then observed to my wife that they were drawing all my halfpence away—I looked at that fourth shilling, and found it was bad; I then went and got the other three, one of them was good, the other two were bad—I gave the four shillings to the policeman—I can swear that they are what I received of the prisoner; no one had been to the till from the time I took the first shilling.
Prisoner. Q. Did not your wife go to the till? A. No; she went out with the milk cans; I stopped in the house all the time—when it was daylight you let me bring the beer into the taproom to you, and you gave me good money, but when it was dark you brought the shillings to me and slipped them on the bar—I did not come in and sing three songs—when I came in the taproom I locked the bar every time I left it—you went out with another man's hat on, and he fetched you back, and you came and passed the fourth shilling—I cannot tell who drank with you—the carpenter who was there has not yet paid me for what he had.
Prisoner. If I had had bad money on me, would I have remained in his house from mid-day till 8 o'clock at night? Witness. He did remain there.
Prisoner's Defence. If I had known that I had bad money on me, I would not have stopped eight hours and a half in his house; I had no such thing on me; I have a witness who saw eight or ten shillings in his till.
GUILTY . Aged 31.— Confined Twelve Months.
THOMAS AMERY . I am a boot and shoe maker, at Deptford. On 12th Nov. I left my workshop fastened up about 9 o'clock at night—I went to it about 9 o'clock the next morning, and found it had been broken open at the back; some boards had been pulled down at the window, and they had got through the window and undone the back door—I went in my shop, and missed four pairs of boots—this one pair is all that has been found—they are my own mending, and I can swear to them—I am quite sure they were safe the night before I locked the place myself.
JOHN WHITE (policeman, R 180). On 20th Nov. I took the prisoner on a charge. I was taking him to the station; I observed he was wearing this pair of boots—I asked him where he got them from; he said he bought them in Petticoat-lane two or three days after he came out of prison.
Prisoner's Defence. I bought them in Petticoat-lane.
NOT GUILTY .
148. STEPHEN HOLLYOAK and JOHN SMITH , breaking and entering the shop of William Peter Le Keux, and stealing 4 stocks and dies, and other articles, value 9l. 4s.; his property.—2nd COUNT, for receiving the same.
GEORGE HUNT (policeman, R 69). At 4 o'clock yesterday morning I was in Eltham parish—I met the two prisoners coming towards London; they were both together; Hollyoak was carrying this pair of stocks, and Smith was carrying this basket—I stopped them, and asked what they had got;
Smith said they had got their tools—I asked where they were going; Smith said they were going to Oxford-street to a job, and they were to get there at 6 o'clock in the morning, and he said they came from Eltham—I asked who they had been working for; Hollyoak said for a man of the name of Foster, and he afterwards said they were going to Deptford to a brewhouse—I searched the basket, and found a number of taps and a brass tap and valve—these are what were in the basket, and Smith had a number of taps in his pocket—I found some small taps in Hollyoak's pocket, and he was carrying these stocks on his shoulder—when they were at the station, Hollyoak said he took the things out of revenge on Mr. Le Keux, and he meant to pawn them and send him the tickets.
WILLIAM PETER LE KEUX . I live at Eltham, and am an ironmonger; I have a workshop at the back of my dwelling house, inclosed with wooden palings. On 11th Dec. I was there about half past 1 o'clock in the day, and on Sunday I was there about 11 o'clock in the morning—I left it all in a perfect state as far as I know—I believe I was the last person there; no one was there when I left it—it was all closed up, and the door was fastened—at a quarter past 5 o'clock yesterday morning I was tailed up, and found some policemen in my yard and the shop door open—I did not observe any marks of violence on the door—I went in the shop, and missed two large stocks and dies and some taps—these are the articles I missed; these large stocks have my name in full length on them—I am able to swear these are all mine, and I believe they were safe when I left my shop—I saw some of them on Saturday, and some on Sunday.
Smith. Q. Do you know anything about me down there? A. No.
Hollyoak. I plead guilty to taking the things, but the door was open; there is no lock to it; this other man is innocent; I gave him the things.
Smith. This man knows that I am quite innocent; last Saturday he met me, and asked me to go with him and get his tools; he said he would pay me; I went, and stopped about thirty yards from the premises; he came and brought me the basket, and he went back and got the stocks and dies; we were coming on the road and met the officer; he asked where we were going; I said to Oxford-street, which was true, but not with these things; he took us to the station; the other prisoner told him where he got them from; I am innocent; I know nothing of the premises.
WILLIAM PETER LE KEUX re-examined. My chest was broken open; that had been forced open—these tools are not usually taken out by journey-men, some of them never are; this one Hollyoak never had occasion to use above twice during the two months be worked for me—I discharged him last Saturday night—some of those were in my private chest—they were never taken out; I had the key in my pocket.
HOLLYOAK—Aged 36.— Guilty of breaking the shop. — Confined Twelve Months.
SMITH—Aged 25.— Guilty of receiving. — Confined Four Months.
Before Mr. Justice Wightman.
MR. RYLAND conducted the Prosecution.
JAMES FENDALL . I am a fisherman of Fore-street, Lambeth. On Tuesday morning, 16th Nov., about 8 o'clock, I was dredging in the Thames, just off Rotherhithe, about three or four miles from Hungerford Suspension-bridge—I brought up the body of a female child in the bottom of my net, fully dressed, bonnet and all—I handed it over to Mr. Gardner, and saw no more of it—the tide had run about half down—it had begun to run down at Hungerford-bridge, about 5 o'clock—it had run up till about half past 4, because they always reckon half an hour stilling on the top of the tide.
HANNAH COWLEY . I am a widow, and live at No. 82, Cornwall-road, Lambeth—the deceased child, Anne Philadelphia Burt, was my granddaughter, and was the daughter of my son, and the prisoner—it was ten months old—the prisoner had been residing with me with her child, apart from her husband, from the latter end of September—she was still suckling the child—I did not maintain her—her husband allowed her 7s. a week—her mother, Mrs. Gibson, is a widow, and lives in Oakeley-street, Lambeth, about ten minutes' walk from me, and I believe five miles from Greenwich—on Monday 15th Nov., I saw the prisoner and the child as usual—I went out in the morning and left her and the child at home—she did not say anything to me about going anywhere—I went out without knowing whether she was going out or not—I went to her mother's about 1 o'clock in the day, and saw her and the baby there—she did not say whether she meant to come home or when—I went home at 11 o'clock at night, and could not get in—I went to the prisoner's mother's and found she and the child were gone from there, and went in search of her.
Cross-examined by MR. BODKIN. Q. How long has she been married to your son? A. Eleven years; he was employed in the gas trade, at Greenwich Hospital—they had three children before this baby, and lived together affectionately—she was a kind and attentive mother to her children—in Nov., 1851, one of them took the small pox—I nursed her—the prisoner's sister died of it, and the mother came afterwards and slept at the house, and the little girl took it, and died—that very strongly affected the prisoner's mind—she was at that time large in the family way of this present infant—she became very low and very dispirited—before that she was very ordinarily cheerful—she had a bad Fright about two persons who died in their pregnancy, which seemed also to affect her mind—she continued in that low and desponding way until the child was born, which was on 17tb last Jan.—I was stopping with her during her confinement—a woman named Davis acted as nurse, and I assisted in the household work—that confinement continued to increase her lowness and despondency—she continued to get worse—I tried to rouse her, but could not succeed—it was a grief to her for me to laugh and talk to the children, and dance the baby—it was too much for her—I tried to get her out, but she could not bear the idea of going out of the house—she often has expressed a wish to die—that she wished to die, but could not—that she was disturbed from dying—I have heard her say that God would not let her die—I have dined with them, and she has not spoken to her husband or anybody else—she could not bear to speak—she did not take the same notice of her children as she used before—I have noticed her with her head on her hand, remaining in that posture quite silent—she complained of her head very much, saying that it was so hot, and her legs, feet, and hands so cold—I have observed her to sit in that silent, abstracted state a quarter of an hour or more—her memory was very much affected—it was no use talking to her, for what I had said to her she could not remember—she could not remember whether she had got a husband or children, unless I told her—when I spoke
to her I sometimes was not able to obtain an answer for some minutes—I have put a question to her about two or three times, before I have got any answer—she said she could not talk, she was not herself—if I told her a thing, and spoke to her about it shortly afterwards, she did not recollect it—she had no memory, and could not recollect—the nurse, Mrs. Davis, made a communication to me about what she thought was her state—Mrs. Davis is here—in consequence of this low and desponding state of mind it was thought best that she should live apart from her husband; which has been the case six or eight weeks, since the latter end of Sep.—after the separation from ber husband she appeared to grow worse; more desponding—I do not know that her memory was worse, for it was dreadful bad in the summer—after the separation, she spoke to me several times of communications she had from God—she did not say she had any communications or commands from God, but she said God would not let her die—she slept in the same room as me, and whenever I awoke she lay awake, and she said she never slept, and I do not think she ever did soundly—one evening, a short time before this melancholy affair happened, she went out with the child—I went with her—she did not go to any particular place;' she walked up one street and down another, near the Waterloo-road—she was very cross; more cross than ever I had seen her before—that was about a month before the death of the child—she appeared to have no purpose in walking up and down—I offended her by saying I thought she had not fed the baby—she put her things on and went out, and I followed her—I tried to prevail on her to come in, and succeeded—she continued in that state down to the day this happened—I thought she was worse on the Sunday evening, before this Monday—I could not get her to speak at all—I said, "It is so dull, I wish you would talk;" and she said, "I cannot"—she continued to suckle the child as far as she could, but she had very little milk indeed.
EMMA GIBSON . I am the prisoner's mother, and am a widow—I knew the baby very well—on Monday 15th Nov., the prisoner came to my house and brought the baby with her, she was still suckling it—she came about noon, I had not expected her—she passed the rest of the day with me—she suckled the baby in the course of those hours—her mother-in-law looked in in the course of the day, but I did not see her—the prisoner left me at 10 o'clock that night, taking the baby with her; she was perfectly sober when she left, she had taken nothing which could have made her otherwise—I did not observe anything more than usual about her when she went away; I let her go by herself without any uneasiness—I did not see her again till she was in custody—I saw the child's body after it was found; it was the body of my granddaughter, Anne Philadelphia.
Cross-examined. Q. Have you unfortunately had some members of your family afflicted with insanity? A. Yes; two, both females—one died raving mad, and the other is confined in a lunatic asylum; her insanity dates from confinement with a child—I was with the prisoner in her confinement last June—I observed a change in her manner and demeanour before she was confined; she became silent, reserved, and different to what she had been before; that appeared to increase after her confinement—during her confinement the nurse cut off some of her hair, as she often put her hands to her head, and complained of violent pain and oppression there; she said there was a heavy weight on the top of her head—she was six weeks before she left her bed—I saw her several times, she did not appear to conduct herself like a person of sound mind, and I spoke on that subject—I declined to take charge of her when she was separated from her husband—I should
not like to have taken such a charge—my work takes me out a good deal, and I thought it would not be safe for her to be in a house where she could not be looked after—her husband offered me 5s. a week, and I thought it would not be sufficient to keep her and her child—I thought my absence from home would make her situation there dangerous; and then it was arranged that she should go to his mother's—she used to complain of coldness of the feet, as well as the affection of the head—I have often heard her say she wished she was dead—I remember her saying she wished her husband would blow her brains out; that was after her confinement—her husband used arsenic in the course of his business, it was kept on a high shelf, out of the way—I remember her after her confinement getting on the dresser, and her husband preventing her—to the best of my remembrance that was eight or nine weeks after her confinement—I do not remember that she said anything on that occasion—I have seen her sit with this child on her lap for hours together without speaking to any person—I have spoken to her over and over again without getting any answer from her—she has told me that she was dead, except her head, that was the only part of her that was left alive—I observed that her memory was affected, she could not remember things after a very short time, she forgot directly afterwards—I have known her to sit for hours together in the dark with her baby on her lap, when there were candles in the house, and coals also—she has got much thinner than she was—I did not think her mischievous at all when she left me that night—it did not occur to me that she was likely to do any violence to anybody—she did not appear to be a person of sound mind.
THOMAS OSBORNE (policeman, R 254). On Tuesday morning, 16th Nov., at a little after 2 o'clock, I was on duty in Berners-street, Greenwich, and saw the prisoner wandering about the streets—I asked her where she was going; she said she did not know—I asked her where she came from—she said, "From London"—I asked her what part of London—she said, "Lambeth"—I asked her if she was a married woman; she said she was—I asked her where her husband was; she said he worked at Greenwich College as a gas-fitter, and his name was Burt—I asked her if she had 'a family; she said she had three children—I asked her where they were; she said she did not know, but her baby she gave to a boy at Hungerford Suspension-bridge, to throw over—I asked her the reason; she said, because she could not keep it clean—I then took her to the sergeant on the beat, and she made the same statement to him—I took her to the police-court, and she made the same statement there—she had a child's cloak under her arm—she said it was the child's cloak—I was ordered to take her to the Greenwich Union.
Cross-examined, Q. You saw her wandering about as a person whom it was your duty to pay attention to? A. Yes; it was a very rainy night, her outside clothes were very wet—I took her to the station, and she was treated as an insane person, and sent to the Union, not detained as a prisoner.
WILLIAM PEARSON (police-serjeant, R 15). On the night in question I was on duty at the station at Greenwich—Osborne bronght the prisoner there about 3 o'clock in the morning, and told me where he had found her—I saw a child's cloak under her shawl, and said, "How did you become possessed of that?"—she said, "It belongs to my baby"—I said, "Where is your baby?"—she said, "I gave it to a boy to throw into the water"—I said, "That is a very strange proceeding;" she immediately said, "I threw it into the water myself, from the Suspension-bridge"—I did not think she
was in a sound state of mind; she appeared to me to be in an unsound state of mind—I immediately directed the constable to take her to the Union, to be taken particular care of, until I communicated with her husband, as I did not believe her statement—I thought she was unfit to take care of herself.
TILLEY. I am a surgeon. On Friday, 19th Nor., by the direction of the Coroner I made a post mortem examination of the body of the child—I concluded that it had been dead three or four days, and that suffocation by drowning was the cause of its death—I examined the body thoroughly internally and externally—there were no marks of external violence—there was no appearance of disease sufficient to cause death, but there was some disease.
NOT GUILTY, being insane.
Before Mr. Common Serjeant
MR. ELLIS conducted the Prosecution.
ALFRED JAMES BEARSLY . I am potboy at the Horse and Groom beer shop, in the Old Kent-road. On Wednesday evening, 10th Nov., about half past 9 o'clock, the prisoner came there for a pint of 6d. ale—I served him—he offered in payment a half crown—I took it, and rung it on the table—I found it was bad—I sent for my mistress, and I went to fetch a policeman.
Prisoner, Q. Was it me or the other man gave you the half crown? A. You; I brought it out of the parlour—I gave my mistress the half crown, the servant never bad it in her hand—I do not know who paid for the pint of ale; I went for a policeman.
MR. ELLIS Q. Did the prisoner come with another man? A. Yes; the other man stayed while the prisoner was there—they were both taken.
ELIZABETH BOXALL . I am the wife of Robert Boxall, who keeps the Horse and Groom, the last witness is in my husband's service—I received from him a half crown on 10th Nov.—I was called down stairs, and he gave it me—I took it in the parlour, and saw the prisoner and another man—I told the prisoner he could not have that half crown in his possession, without knowing it was bad—he said he did not know—I sent for a policeman, and he took the men into custody—the prisoner said he was a cab driver, and took it in the dark, and he had changed half a sovereign at Greenwich.
Prisoner. Q. Who gave you the half crown? A. The last witness; he did not give it to the servant—you did not say to me that if I would break it in half, and give you half, you would endeavour to find the man you had it of—you did not tell me you had saved a little money, and changed a half sovereign at the White Hart at Greenwich.
Prisoner. You will find it so in the deposition. (The witness's deposition, being read contained the words, "The prisoner said he had changed a half sovereign at Greenwich")
HANNAH BARBER . My husband keeps an eating house near the Borough Market. On 25th Nov. the prisoner came between 5 and 6 o'clock in the afternoon for two ounces of beef, and a halfpenny worth of bread; he gave me a shilling in payment—I tried it, and bit a piece out of it; I called my husband out of the parlour, and gave it him.
ROBERT HANRY BARBER . I am the husband of the last witness. I received a counterfeit shilling from her—I saw the prisoner in the shop, I asked him where he got it—he said at the Waterloo station—I sent for a policeman, and gave it him.
Prisoner's Defence. I have always been in the habit of getting my living honestly; I worked on and off at the station—I had saved up 11s. 7d., and went to Greenwich; I changed a half sovereign, and a man gave me the half crown I suppose; I did not know it was bad; I was taken to the station and kept ten days; I went in another name, I did not like to give my own name. On the other occasion a sailor got off an omnibus, and gave me a shilling; I went to get the meat and bread, and to change the shilling; I told him if he would walk to the Waterloo station, I would endeavour to find the man, and I said the same at the station, but they would not let a policeman go with me to find the sailor; I took the money unconsciously.
GUILTY . Aged 23.— Confined Six Months.
MESSRS. SCRIVEN and LILLEY conducted the Prosecution.
MARY FOWERAKER . I am the wife of John Foweraker, a tobacconist. On the 12th of Nov. the prisoner came to me for half an ounce of tobacco; I served him—it came to three half-pence; he gave me a shilling; I gave him change, a sixpence, three penny-pieces, and three half-pence—I put the shilling in the till where there was nothing except coppers—the prisoner ran away immediately as I gave him the change—I took the shilling out of the till, it was bad—I ran to the door and cried, "Stop him! he has given me bad money"—the prisoner was brought back—I said, "He has given me bad money"—he said, "Hold your noise, I will give you good"—I gave him the shilling, and he kept it in his hand—a policeman was sent for, and he took it out of his hand—the prisoner had not opened his hand from the time I gave him the shilling till the policeman took it from him.
Prisoner. I was thirty yards away from the door, when a young man came and tapped me on the shoulder—I was not running.
ALFRED WRIGHT (policeman, R 301). My station is at the Dock-yard at Woolwich—on 12th of Nov, I took the prisoner—I took this shilling out of his right hand—I asked him where he got it from—he said his mother gave it him with another one to assist him down to Rochester—he was taken before. The Magistrate, and discharged.
WILLIAM HENRY WOOD . I am barman at the Windmill, in the New Cut, Lambeth—the prisoner came there on 25th Nov.; he had some porter, and gave me a shilling—I bent it with my teeth, and told him it was bad—he said that I had given it him in change for half a crown; but I had not given him change for half a crown at all—a constable was sent for, and I gave him the shilling—I had had it in my hand from the time the prisoner gave it me till I gave it to the constable.
Prisoner. I told you you gave it me in change for half a crown, and I gave you another shilling. Witness. Yes, you gave me a good one.
ROBERT CHASE (policeman, L 120). On 25th Nov. I received the prisoner at the Windmill—this shilling was given me by the last witness—the prisoner said nothing till we got near the station; he then said, "I know where I took it from"—and at the station he said Wood had given it him in change for half a crown.
GUILTY . Aged 27.— Confined Six Months.
MESSRS. SCRIVEN and CLERK conducted the Prosecution.
ELIZABETH WAIN . I am the wife of John Wain; we live at North-street, Clapham. On 20th Nov. the prisoner Kilsby came about 25 minutes to 9 o'clock for a half quartern cottage loaf; I had seen him peep in at the window before he came into the shop—he gave me in payment a bad half crown—I taw it was bad; I tried it in the detector and bent it—I told him it was bad; he said it was not, and he had taken it just above—I took it from him, bent it again, and took the piece almost off—I went round and took hold of his coat—I said he was a smasher, and I would give him in charge—his coat gave way, and he got away; he walked away quietly—when he went out, a boy named Brown came across, and I sent him for a policeman—I did not see the boy again that night—this was on Saturday night, and on Sunday morning he brought me the same half crown that I had bent—I gave it to the policeman.
Cross-examined by MR. ROBINSON Q. Let me look at the half crown? A. This is it; here is where I bent it first, and here is where I bent it the second time.
HENRY ARCHIBALD BROWN . I was called by the last witness; she had hold of the prisoner, but he got away—she sent me for a policeman—when, I got to a wall I saw Kilsby chuck something over—the next morning I got up and went there; I found a half crown, which I took to Mrs. Wain—I spoke to the constable—I saw Kilsby join the other prisoner 200 or 300 yards from Mrs. Wain's; they went together—I think they were talking together.
EMMA GOLDING . My father keeps a grocer's shop, at Clapham. On 20th Nov. I saw Kilsby between 8 and 9 o'clock in the evening—he came for a quarter of a pound of cocoa and a quarter of a pound of sugar—I served him; he gave me a sixpence, I gave him the change—I gave the sixpence to my father, who was in the shop; the prisoner had just left the shop—I gave the sixpence to my father because I saw it was bad—my father gave the sixpence to a boy named Taylor, who ran after Kilsby—Kilsby was brought back by the constable.
ROBERT GOLDING . I am the father of the last witness:—Kilsby gave her a sixpence, and she gave it me directly; it was bad—I gave it to Taylor, be left the shop with it, and followed the prisoner—he returned in about ten minutes, and Kilsby was brought back by a policeman, and the other prisoner was brought in with him—the boy brought back the sixpence and gave it to me; I marked it.
WILLIAM JOHN TAYLOR . I was in the service of the last witness. I saw Kilsby in my master's shop, and Miss Golding served him—he gave her a sixpence; I took it from my master and followed Kilsby—I saw him and the other prisoner together about a minute after I left my master's shop; they were about fifty yards from the shop—I asked Kilsby to give me the right money—he said, "I bought a quarter of a pound of cocoa and a quarter of a pound of sugar"—I said, "I know you have; and you have given my master a bad sixpence"—he said, "Oh, no, I have not"—they then went on further, and I followed them up, Wickers ran back and said if I followed them he would smash me—I met a constable, and he took the prisoners—I showed the sixpence to the policeman; he told me to hold it tight, and I gave it to my master—I saw him mark it—the constable and the prisoners were there.
Cross-examined. Q. Did you tell Kilsby that he was a smasher? A. No. Kilsby. Q. When you came and told me about the sixpence, I crossed
the way, and was coming towards the shop? A. No; you were going away from the shop.
JOHN DENDY (policeman, y 93). I was called, on 20th Nov., to follow the prisoners—I saw Kilsby standing at the top of North-street, near the Parochial-school—he crossed, and spoke to the other—that was about 100 yards from Mr. Golding's—I saw them pass the shop, and Kilsby went back and went in the shop—Wickers stood a few yards off—Kilsby came out and joined Wickers again, and they went towards the Common; I went to Mr. Golding's door, and spoke to Mr. Golding; I followed the prisoners, and Collins went with me—I took Kilsby, and Collins took Wickers—we brought them back to Mr. Golding's, and I received this sixpence there—we took the prisoners to the station—I searched Kilsby, and found on him a half crown, two shillings, and a sixpence, all counterfeit—the half crown and one shilling were in his left hand coat pocket, and one shilling and the sixpence were in this box—I also found 1s. 6 3/4 d. in copper on him, in the same pocket behind—I also found this packet of cocoa, and a quarter of a pound of sugar—I searched him by taking his clothes off, and placing them on the form—after Kilsby had put his clothes on, I took off Wickers' clothes; I found 3s. 10d. in silver, 8d. in copper, and a half franc piece, all good; and about a quarter of an ounce of tea, and a quarter of a pound of soap—when I had taken these, Wickers put on his clothes again—these papers came from Kilsby's pockets—there were none on Wickers—on looking over these papers again, I found one more counterfeit sixpence on the form, but I am not able to say who it came from—Wickers said he knew nothing about the other prisoner—they were both slightly intoxicated.
WILLIAM BLACKBURN (policeman, V 251). On the evening of 20th Nov., I was on duty about 10 minutes before 9 o'clock—I saw both the prisoners on Bradley-terrace, in Wandsworth-road; Kilsby had got his hand round Wickers' neck, and seemed to drag him along—Kilsby was singing—I lost sight of them, and saw them again at the station—I received this half crown from Mr. Wain on the following morning—it was bent as it is now.
(The prisoners' statements before the Magistrate were here read; Kilsby says, "I don't know anything at all about the money found on me; I was drinking all day in a public house"—Wickers says, "I was in a public house by Lambeth-walk, to get a drop of beer; I was going to the Swan, at Stockwell—this man said if I would wait a moment he would show me the way—he said he must go in the grocer's shop and get some cocoa and sugar; I recollect no more.")
WILLIAM WEBSTER . This first half crown is bad—this other half crown is bad, and from the same mould—these two shillings are bad, and from one mould—these three sixpences are bad, and from the same mould.
Kilsby's Defence. I was out all day on that Saturday, and met one or two men; we went and had a drop together; this man asked me to drink, and I said I would show him the way to Stockwell, I was going that way with him; there were one or two policemen to give me a character, I do not know whether they are here—I worked nine years at Astley's Theatre—how the money came into my possession I do not know.
Wickers received a good character.
NOT GUILTY .
KILSBY. GUILTY . Aged 27.— Confined Six Months.
MR. CLERK conducted the Prosecution.
On 30th Oct. the prisoner came to my shop about 9 o'clock in the evening, for half an ounce of tobacco—he gave me a shilling; I bent it, and told him it was bad—I would not give it him back—he went away and left the tobacco and the shilling—I put the shilling in the till—I had two sixpences there, but no other shilling—I kept the shilling perhaps two or three weeks; I had marked it and put it in a place where I kept bad money—I had two bad sixpences there—I saw the prisoner again on 22nd Nov.—he came again to my shop; I was in the neighbourhood, my brother sent for me—I came in, and received a bad sixpence from my brother—I recognized the prisoner; I sent for a constable, and gave him the sixpence and shilling.
Prisoner. Q. When you came to the station, did you not have some more shillings with this one? A. I had not—the inspector asked if I had marked the shilling—I said I had—I had two bad sixpences, and two bad half crowns—this is the shilling (produced)—here is the mark I made on it with a knife.
WILLIAM WATKINS . I recollect the prisoner coming to my brother's shop on 22nd Nov. for half an ounce of tobacco; he gave me a bad sixpence—I sent for my brother—he came, and knowing the prisoner, he gave him in charge—he told the prisoner he had been there before.
Prisoner, Q. When I gave you the sixpence, what did you do with it? A. I gave it to my brother, and he gave it to the policeman—I tried it with the detector, and kept it in my hand till my brother came—the policeman came in about three minutes—my brother did not take the sixpence and run out of the shop.
GUILTY .** Aged 23.— Confined Twelve Months.
ADJOURNED TO MONDAY, JANUARY 3RD, 1853.